Year: 1873

n


We did not intend to say anything
sentimental, when we selected the
words that appear at the head of this ar
ticle, under which to make few COM
ments, upon the legal doubts that are
clustering around the ''salary grab, but
they were. suggested by the following
paragraph, in the recent letter of Treas
urer Spinner, to member Of Congress
- doubt whether even the covering in
OF this money without "a consideration,
ana without legal authority or warrant
of law, will place it beyond the reach of
the parties to whom it legally belongs.
think 1t could be reclaimed at any time
hereafter IN several ways, and even on
the mere statement of an account by the
depositor, or by bis heirs at law against
the gnited States for moneys had and
received 1t is possible that you might
divest yourself by last will and testa-
ment, stating as consideration the love
and affection you bore your native
land. szs- .t,,-.r',r. H.. ,4s.-,


This clause islprefaced in the letter by
the remark by the Treasurer, that he is
not lawyer, and he gives his advice as
the rule of common sense, which always
ought to be the rule of law. But we
think that the opinion is erroneous from
both stand points. In the first place, a
gift never has a consideration, and from
its nature cannot have. one, for the mo-
ment you place transaction upon the
basis of a contract having a consider
alton, either good or valuable, the idea
of a donation or gift at once vanishes.
So, if these members of Congress pre-
sent to Mr.. Treasurer Spinner for the
United States, their check for any num-
Der of thousand dollars, and he places
the proceeds Of it among the govern
ment funds in his keeping, it operates
at once as a gift to the government,
consummated by delivery of the thing
given, and, in law, the right of property
is at once. on that delivery, transferred
from the donor to the donee, and the
giver can never recall it. t.-uge1 raf s-rs


We can see no chance to doubt that
this back pay clause, is a valid law, and
the money which is given to the mem
bers of the House and Senate. by that
law, is just as legally their property as
any part of their possessions, and they
may use it or give it away, as freely as
any money they own, and, if they choose
to give it to the United States, and con-
sumate the gift by delivery, they can no
more legally reclaim it than though they
had given it to third parties. The doc
| trine that a perfected gift cannot be
collected back, is too old and we'll es-
tablished to be now questioned And if
| our appreciation of common sense can
be relied upon, it is in full accord with
the law, and gives everybody the fullest
freedom in the disposition of their own,


when they do not injure others thereby,
or prevent their. exercising the same
right.


\ The Treasurer adheres also to his the
ory of a qaltd pro quo, so far as to inti-
/ mate the possibility of the member being
! able to divest himself of the money, by
last viii and testament, by stating as a
consideration the love and affection he
bears his native land. 1t is going to be
a sorry time for people who are about
to die, if they must state consideration
for the provisions of their last wills and
testaments. As between near relatives
/ the consideration of love and affection,
is sufficient to uphold contract when it
does not defeat the right Of creditors.
! A will has no effect, that defrauds credi-
tors, but when one gets beyond that no
rights are prejudiced by it, and no con-
sideration need be given for it. The
claims Of patriotism, or love of country,
ought to have been a sufficient preyentat
tive to the passing of such an outrageous
act as this back pay steal, and it is a
| good thing to. remind members Of who
desire to pay back, but it is. the Yeriest
nonsense for the Treasurer, totalk about
reconsideration being required to get3 it
back into the Treasury, when the re-
cipient chooses to deliver it back, and
we have no sympathy with the old watch
dog of that Department, who seeks to
cast odium On the opinions of Senator
Sherman and others, because they hold
that an executed gift does not require a
consideration. ~..,,.5.,-. ....., !.
/ q