Year: 1874

the possibility of remedies which intelli-
gent local self government might. and 10
my belief would, suggest. To attempt
relief is present duty, and steps should
at once be taken to do what can be done
to mitigate this widespread distress. The
first is rigid economy ia Government
expenditures so far rs is consistent with
public interest. There 10 q just and
righteous popular demand on this subject
that should be respected, and l propose,
so far as my votes hero can, to respond to
it. Let, then, economy begin here; let
us replace the scale Of our compensation
to the point where it stood on the morn
ing Of the Sd Of March, 1873. I simply
desire to repeal the salary act Of March 3.
1878, from this date This I shall vote
for. Certainly shall not vote for the a.
mendment Of the Senator from Indiana,
which proposes that the increased pay,
beginning on the 4th Of March, 1878. and
continued to the present time, shall be re-
covered BY charging its excess over the
rate Of $4,000 year against Senators
hereafter, until the amoust they shall
have received in the Forty third Congress
shall be equal to s. 900 year, including
the difference between S.. 900 and 81. 500
which has been paid from March 4th up
to the present time.


My objections to that are twofold. In
the FIRST place it is entirely impracticable.
In the next place believe it to bo un-
constitutional. There is no such thing as
lawful compulsion to pay back either the
retroactive pay given BY the act Of March
3. 1878, or the prospective pay from and
after that day. When the pay Of mem
bers Of Congress was ascertained by law
it became their legal right to take that
money. It was vested right. 1t can
not be divestcd by any subsequent fegisla-
ton. 1t was as much their money in law,
was as liable to their debts, would have
descended according to the intestate laws
of their domicile, or could have been con-
trolled by their last wills, as much as any
other property which they possessed 9TH
erwise than by derivation from tile Treas
ury of the United States There can be
no valid law compelling the restoration of
pay which has been fixed by an act of
Congress. The most you can do is to
stop it by repeating the law and changing
the rate. Your law in that respect can
not be retrospective deny that it can
be retroactive.


But while there is no compulsion on
this subject. there is voluntary right
which rests with every Individual to de-
eide for himself. If from any reason he
should feel that he ought not to retain the
increase of pay made retroactive by the
law of March 3, 1873, or if he thinks that
he ought now, upon the repeal of that
law, to pay back into the Treasury the
difference between $4,000 and s. 500 as
paid since March 4. 1878, there is moth :
ing on earth to prevent him. The way is
open and easy. If from any motive, high
or low, Of high sense of conscientious
duty, or the poor, low sense Of meeting a
temporary cry for popular favor. or what
ever may be his motive, still his power Of
action is the same. There is nothing to
prevent his not only giving his back pay.
but he may give his future pay, he may
give all his pay, and he may devote his
entire private fortune. if be- thinks that
will make him happier or better man or
advance his political prospects with a SEN
sihie people That is for his private judg
ment He must act upon it as he sees fit
But you cannot take that money from him
involuntary. You cannot do SO by a
retroactive law and compel him TO Give
up money which has by law been ascer.
taiaed to be his. It having been so as
certained, you cannot declare it net to be
his.


Why, sir, the effect Of this would be to
insist that Senators aud Members who
have drawn salary at the rate of $625 q
month since last March, shall only receive
5000 month in future until equalization
has been forced Such q law would inn
!, pose gross inequality in future pay, and
cannot imagine more utterly dangerous
preccdent than to allow the Congress of
the United States, or any majority of
Congress, to declare that the pay of men,
bers Of this body shall be unequal. Why.
let me illustrate. The seat upon my left
was the seat of Senator from California,
(Mr. Casssrly,) than whom no more de-
voted public servant was in public life,
whose absence subtracts from this Cham
ber and from the councils of this nation
as much Of pure, high character, culture,
aud ability as would be the absence Of any
other man now upon the floor Of either
House of Congress. Compelled by i'll
health. caused by over-devotion to the
public service, he resigned his place as
Senator on the first day of the present
session Now, l do not know whether
that gentleman drew bis pay up to the
first Of December. We shall presently
have an honorable successor to him in our
midst. When that gentleman comes.
what shall be his compensation Shall it
be fixed by law according to the Constitu-
tion, or shall it be Fixed BY the action of
his predecessor. over whom he can have
no control? Should Mr. Casserly not
have drawn all his money, will Judge
Hager. his successor. have salary equal
to $1,000 a year. Or shosld Mr. Cas-
serly have drawn his money, shall that
draft be charged to Judge Hagor. and he
l. H. y.-t