Year: 1859

previously made, in itself requiring mea' sure of remuneration. It is impossible to say that these considerations and others ol like general character that could be stated, did really influence the enactment of the law; but it is equally impossible to say that they did not. Now the body of the first section of the act of Congress Is in its Ian guage broad, explicit and peremptory. It IS too plain to require or even to permit interpretation. It prescribes that each Se- nator at every session of Congress and at epery meeting of tAe Senate in Me recess of Congress, shall be entitled to receive the per diem for attendance, and the mileage on the estimated distance from his place of resi- dence at the commencement and end of every such session and meeting No more terms ot restriction are applied to the mileage than to the per diem; indeed it is less re- stricted, for in the next clause 1t would seem that Congress contemplated actual attendance Tn Senate, as necessary to con- plete the right to the per diem, (excepting cases of sickness either detaining the mem- Der on the road or disabling him from at tending after his arrival, while certainly there IS no express condition and no room for an implication as to actual travel to per feet the right to mileage "eigM dollars for erery taoenty miles of estimated distance" can not without interpretation or great latitude of construction be made to signify "dis- tance actually trapeled." And it is to be remembered that the allowance is autho- rized at the commencement as we'll as at the end of every session; and surely it would be an eXtravagant interpretation which would deprive member of this positive allow ance who did not return to his place of re- sidence at the close of the session, but pre- ferred from any reason such as the extreme distance of his home or an anxiety to pre- pare for another, and it might be a near-at- hand session, to remain at the seat of go- vernment If actual travel had been de- signed for mileage it would doubtless have been expressed-especially when actual at tendance for Me daiiy aNomance was con templated and provided for. l do not therefore think that the right to mileage can be limited to cases of actual trayet whether payable at the commencement or lose of session without indulging dan gerous scope of equitable interpretation and riding down what is positively and internationally written as the rule of action. Allow me to repeat here that per haps, the force of this conclusion will be the more apparent when the inquiry con fines itself to the mileage payable at the end of the session. The same words give the right then that gave it at the commence ment, and their construction cannot be va ried to accommodate the two extremes.- And yet has it ever been suggested for a moment, that if the journey homeward was not actually performed, the Senator should refund in whole or in part? has the interrogatory ever been ''ventured on settling the account of Senator at the end of his services, and before his allowance was paid whether he would actually travel back to his place of residence or not? Are we not aware of very many instances of distin- guished Senators continuing for a series of years away from the far off States they re- presented, regularly receiving the mileage allowed by law as part of their compenSa- ton? It IS not my province now nor my purpose to advert to the want of conside- rate and patriotic wisdom which would exact from a Senator in the distant west of Texas, or of Wisconsin. or of Oregon, the inconvenient, if not impossible course of regular returns to his place of residence, in order to entitle himself to this part of hls ofilclal pensation-it Is enough for me to say, that in my opinion, the act of Congress does not require it. 1 felt at first mbarrassed Hi this reasoning by the terms of the ttrst proviso in the section under con sideration. Your reference, however to the uniform construction given to that pro- viso, from its earliest appearance down to the present time, as evinced by the constant payment of full mileage at the commence ment and close of every session of Con- gross, and further reflection upon its nature and bearings, have convinced me that while 1t applies to the per diem in cases of sickness or other inability to attend the Senate, it cannot be applied to the mileage, without insulting countless past adjust ments and introducing practical inconsis- tencies and absurdities of glaring charac- l ter.

 On the whole, then I am constrained bv the act of Congress to determine

 lst That, on the legal title to mileage there can be recognized no distinction be tween Senators, whether new or old, and whether they have actually travelled the es- tlmated distance or have not.

 2d. And that each Senator at eyeru ses. sion of Congress and at eyery meeting of | the Senate in the recess of Congress. is entitled to the allowance or mileage at the commencement and close of that session or meeting, without any inquiry or regard as to where he actually was or how he was ac. tually engaged when he became Senator and without any inquiry or regard as to where he intends to travel or remain when the Senate adjourns.

 w hlle 1 am prepared under strono sense of duty, to conform to this decision, 1t will give me pleasure to have it reviewed by the Senate at any time, and to apply in practice any different rule, more restrictive in its character which that body may ap- prove.

 And in order to proceed justly and dis creetly, you will oblige me by letting it be distinctly understood that the claims for mileage in conformity with the principles l have stated, must be made in writing bv each Senator who otherwise will be cons;. dered as waiving it.

 With great respect,

 am your ob't serv't,

 G. M. DALLAS,

 Vice President of the U S., and

 President of Me Senate.

 Washington. 17M March, 1845. Cashmere Goats.

 We find in the Austin (Texas) State Gazette, the following item. Arkansa, sheep -raisers are cited to the fact that tbei, fleece is worth eight dollars pound Tn, climate, grasses, hills in summer, and prai ries in winter, of north and west Arlan sas all are favorable to their support - There is ample pasturage for hocks of thou sands.

 '' We see that our enterprising sheer raisers are importing those valuable goat, in other parts of the State as we'll as Ira wis. Richard Peters of Atlanta, Ga. re- gently shipped to Col Yoakum of Chero kee CO.,, Texas, thlee goats of the cash | mere shawl species The haeoa ;s of o ,,