Year: 1874

may well be followed BY number of hls ass0ci-
claimed against the increase of pay yet who keep
tho back pal" in their pockets. PEaLGr


WASHINGTON, January 81, 1874.
Gen. p. q. sBirnsr T,sa,~,r ofths Uan,f states


SIR;-I herewith hand you draft for
the amount received by me for increased
salary as a member Of the Forty.second
Congress, under the Act Of March 3. 1873,
to be paid into the Treasury of the United
States. | take this occasion to state shortly
my reasons for 50 doing. The Constitution
provides that " Senators and Representatives
shall receive a compensation for their ser.
vices, TO be ascertained by law


Compensation includes reasonable sup
port while performing the service, aud rea-
sonable reward for the service performed.
The compensation heretofore provided by
law has always profcssed to be uniform,
Though the large mileage formerly allowed
made it in fact very unequal.) In consid-
erng what is proper compensation, diff
hculty at once arises from the different con-
ditions and different habits of the various
members, and first and mainly, as to the
support or living while performing the ser
vice. In Congress there are always some
men of large wealth who are able to live,
and do live, in a style altogether beyond any
salary yet fixed, or even proposed. On the
other hand, there is a much larger number
who have no other support for themselves and
families but the compensation they receive
as salary. But many Of this class cannot
be content to live within small means, but are
foolish enough to feel that they must copy
the expensive style of their more wealthy
colleagues, or fail Of equal social position.


But aside from this, there is great d.
versity in the actual and necessary expenses
Of different members. Some have large and
expensive families to support; others have
none, or less numerous and expensive ones.
Some have been accustomed to the luxuri.
Gus and expensive habits of fashionable life
others have been reared to habits of frugal
economy, and have no desire to change.


Compensation for service is perhaps still
more difficult to make equal. There are al
ways men in Congress of large ability and
attainment who could command in business
or in the professions very much larger in
comes than they receive in Congress On
the other hand, Congress always contains
some men whose services in any department
Of private life would not be thought very
valuable. Many members devote them
selves assiduously and laboriously to their
duties some do very little except to look
after the local and personal matters from
their own immediate district or State.


1t is apparent, therefore, that in fixing a
compensation for members there would
naturally be very great diversity of opinion
as to the proper amount. But this amount
must be fixed by Congress itself, for the
power is vested nowhere else. In decid-
ing what was proper each man would natur-
ally be governed much by his own individual
case, and the aggregate judgment Of the
whole body must be the criterion.


When the proposition for an increase Of
the salary of members was first brought
into the last Congress the House negatiyed
it by quite decisive majority but just
at the end of the session, it having been
placed upon an important appropriation bill,
enough members were found who felt, or
affected to feel that disagreement to the
salary clause, as passed by the Senate,
would involve the loss of the appropri-
alton bill and make special session of
Congress necessary to pass the bill by
a bare majority. When last before the
House, the subject had very little consider
alton; the want of time and the condition
of the bill prevented any full debate.


| voted uniformly against the increase.
was actuated somewhat by my own per-
sonal condition and ideas. The old salary
was sufficient for me. But have no doubt
that many of those who voted to increase
it, felt that it was actually necessary for
them. | thought also that if there was
real necessity for an increase, it was an in-
opportune time to make it. Certain inyes-
LEGATIONS and developments had created a
great excitement in the public mind on the
subject of corruption in public officials, and
for the time there was felt distrust of
everybody in official position. But the
bill became the law. That portion of it
making the increase apply to the Forty
Second Congress was at once denounced in
very severe terms by portion of the press.
Little or no objection was made to the
prospective increase. | could not see the
force of the discrimination. If $500
was a proper salary for the Forty.Third
Congress, could not see why it was not
for the Forty Second. The service was the
same--the expense Of living certainly as
great. Congress had the same legal right
to raise the pay at the end Of session as
at the beginning, and the propriety of the
act depended wholly upon the amount fixed,
whether it was or was not an unreasonable
sum- Such too had been the invariable
practice of Congress and of all the State
Legislatures, that an increase Of salary
always applied to the body making it.
1t was objected to on the ground that it
was in the nature Of a contract between
the Representative and his constituents,
that he would serve the term for the salary
as it stood when he was elected. regarded
this view as wholly unsound. If there is
any semblance Of contract in it, the con-
tract is that the member will serve for such
compensation as Congress shall determine.
If Congress should make it less, he could
not complain; if they increased it, he is en-
titled to the benefit Of the increase. The
apparent opposition at first seemed wholly
against the increase Of the salary of the
Forty second Cougress-the back pay, as it
was called. could see no force in the
reasons urged against it that did not equally
apply to the prospective increase, and
therefore | drew the increase as | did my
other pay. The public discussion soon be-
gan to go further, and to condemn the en-
tire act which was the same ground l had
stood upon when the act was passed. de-
teruined, therefore, for myself to await the
action Of Congress, when the whole subject
could be deliberately examined and decided.
The matter came before Congress at the
commencement of this session, and was de-
bated and considered with perhaps unneces-
sary deliberation. The result was return
to the old salary by very decisive ma
jority of both Houses. |, with others, did
our utmost to undo all the consequences Of
the increase, and make every one now in
Congress, who had received money under
it, account for il on his present salary.
But so many gentlemen were troubled with
constitutional scruples about retroactive
action that they could not support me.


But was not able to see why retroac-
tive increase was any more constitutional
than ratroactiva ,}ecrp1So That viov