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32D Cong.....30 Sess.

Special Session-- Select Committee on Frauds, &c.

SENATE.

must be protected. Our immense inland frontier | est, duty, and honor, may require when the time Mr. HUNTER. If the Senator will add a prowill always require a considerable army; and it for action comes. With these remarks, I am viso that the committee shall not sit during the should be kept in the highest state of discipline. willing to close the discussion.

recess, I will have no objection to the resolution. The schools at Annapolis and West Point ought Mr. MASON. There will be no question, I Mr. WELLER. As chairman of the committee, to be the foster children of our Republic. Our take it for granted, that the President will have it | ! propose going home very earty next month, and arsenals and our armories ought to be kept filled in his power during the vacation of Congress to I am sure there will be no sessions of the commitwith every weapon and munition of war, and obtain a vast amount of necessary information to tee in the recess. The resolution simply proposés every vulnerable point on the coast ought to be ii guide the future policy of this country towards to allow the committee to report, and I do not fortified. But while we act on the maxim “in Central America. There can be as little doubt think under that authority, they could, if they peace prepare for war,” let us also remember that that when the information is obtained it will be laid | desired, sit during the recess. However, if my the best preparation for war is peace. This swells before the Congress of the United States. I have friend from Virginia thinks it necessary, I have no your numbers; this augments your means; this said, therefore, to the honorable Senator from Dela- | objection to adding the proviso. knits the sinews of your strength; this covers you ware, who offered the resolution, that we shall Mr. HUNTER. I think they might sit under all over with a panoply of might; and then, if war have the information for which he calls without the authority conferred by the resolution; and ! must come, in a just cause, no Power on earth a call of the Senate; but if that call must be made, || should therefore like to have the proviso added. I no, sir, not all combined-can send forth an adver- it will be necessary, in my judgment, very much know there will be other applications to continue sary from whose encounter you need shrink. to enlarge it, because it applies only to informa- committees, and I shall oppose them all.

But give us these twenty-five years of peace. Ition as to the dominion in the islands. In order, The PRESIDING OFFICER, (Mr. Cooper do believe that the coming quarter of a century is | however, to dispose of the subject, which I do | in the chair.) The Senator from California acto be the most important in our whole history, with the approbation of the Senator from Dela cepts the modification suggested by the Senator and I do beseech you let us have the twenty-fiveware, I move that the resolution lie upon the from Virginia. years, at least, of peace. Let our fertile wastes table.

The resolution as modified was agreed to. be filled up with swarming millions; let the tide The motion was agreed to.

PAPERS WITHDRAWN. of immigration continue to flow in from Europe;

EXECUTIVE SESSION. let the steamer, let the canal, let the railway, es

On motion by Mr. SUMNER, it was pecially the great Pacific railway, subdue these

On motion by Mr. MASON, the Senate pro Ordered, That leave be granted to withdraw the papers mighty distances, and bring this vast extension

ceeded to the consideration of Executive business; relating to the claim of the Boston Steamboat Relief Cominto a span; let us pay back the ingots of Califor- and after some time spent therein, the doors were pany, B. B. Forbes. nia gold with bars of Atlantic iron; let agriculture reopened,

EXECUTIVE SESSION. clothe our vast wastes with waving plenty; let the

And the Senate adjourned.

On motion by Mr. MASON, the Senate proindustrial and mechanic arts erect their peaceful

ceeded to the consideration of Executive business, fortresses at the waterfalls of our rivers; and then in the train of this growing population, let the print

TUESDAY, March 22, 1853.

and after some time spent therein, the doors were

reopened. ing office, the lecture-room, the school-room, and the village church, be scattered over the country;

Prayer by the Chaplain, Rev. C. M. Butler.

THE SELECT COMMITTEE ON FRAUDS, ETC. and, sir, in these twenty-five years, we shall ex

EXECUTIVE COMMUNICATIONS.

Mr. BORLAND. I have a report, Mr. Presihibit a spectacle of national prosperity, such as A message was received from the President of dent, which I am directed to make from the Select the world has never seen on so large a scale, and the United States in answer to a resolution of the Committee on Frauds, Abuses, &c. Before doing yet within the reach of a sober, practical contem 17th instant, requesting copies of certain proposi- so, however, it will be proper to recur briefly to plation.

tions to Nicaragua and Costa Rica, relative to the the circumstances under which the committee have

settlement of the territorial controversies between acted. Mr. DOUGLAS. I do not intend to prolong the States and Governments bordering on the river

This committee was originally appointed last this discussion, but I think it due to myself to San Juan, transmitting a report from the Secretary summer, but was unable, for want of time, to make a word of comment upon one remark which of State, and the documents by which it was ac- 1 complete its duties during that session, which adfell from the eminent Senator from Massachusetts. companied; which was referred to the Committee journed the last of August. During the recent I understand him to agree with the Senator from on Foreign Relations.

session it was reappointed, and continued its inDelaware, that his letter in relation to Cuba, in The PRESIDENT pro tempore laid before the vestigations until the close. Finding its duties still which he laid down the policy of making no pledge Senate a communication from the Secretary of the unfinished, owing to the mass of testimony they in regard to its future condition, was not appli- Interior, transmitting additional papers in relation had taken, and which had to be arranged and cable to Central America; and that therefore those to the allegation of fraud contained in certain pub- embodied in a report, permission was asked and two Senators agree to stand on a common platform lic prints with regard to the disbursements by obtained to continue their sittings during this speupon that point. Sir, I am not willing, by the Alexander Ramsey of money appropriated to cial session, in order to prepare and present their concurrence of those iwo Senators, to be put in carry out the stipulations of treaties concluded report. the position of having made a misapplication of with the Sioux Indians; which, on the motion of

The committee consisted of five members, that letter. The main point to which I referred in Mr. Sebastian, was referred to the Committee on three Democrats and two Whigs. Of these, the the letter of the Senator from Massachusetts to Indian Affairs.

Senatorial terms of the two Whig members (Mr. the Compte de Sartiges, was this: in it the Senator said that it was not within the competent au

Also, a communication from the Secretary of UNDERWOOD of Kentucky, and Mr. BROOKE of

the Interior, transmitting additional papers in re Mississippi) terminated with the Congress, on thority of this Government, under the Constitu lation to the Mexican Boundary Commission; the 4th of this month. It became necessary, tion, to give any pledge that in all coming time which, on the motion of Mr. WELLER, was re therefore, wo make up the regular number of the we would never annex any territory, which in the ferred to the Select Committee on the subject, and committee to supply these vacancies; and two course of events might become desirable, to this I ordered to be printed.

other Whig members (Mr. Morton of Florida, Union. If it was not competent, under the Con

and Mr. THOMPSON of Kentucky) were appointed. stitution, to give that pledge in reference to the

CLERK TO A COMMITTEE.

These gentlemen met the other members of the Island of Cuba, where does he find the constitu Mr. JAMES, from the Committee on Patents committee a few days ago-the whole committee tional authority to give it in the Clayton-Bulwer and the Patent Office, submitted the following consisting of Mr. Houston, chairman, Mr. Bortreaty with reference to Costa Rica and Nicara- || resolution:

LAND, Mr. WALKER, Mr. Morton, and Mr. gua, and other Central American States? If there be an absence of constitutional power in the one

Resolved, that the clerk to the Committee on Patents

Thompson—when the cases which had been exand the Patent Office, be continued during the recess of the amined were submitted, and the substance of the case, it ought to be binding upon the consciences of Senate, at the usual rate of compensation, to be employed report upon them, as drawn up, was read. men in all other cases. Therefore, until they ex. in preparing for the use of said committee an alphabetical

I have deemed this statement proper, and it was plain away that constitutional barrier, I cannot

index and digest of the reports heretofore made by the sey-
eral Committees on Patents and the Patent Office.

understood by the committee that I should make permit those two Senators to put themselves in

it, in justice especially to the two new members of concert and accuse me of having made a misap

MEXICAN BOUNDARY COMMISSION.

the committee, who have not, of course, had time plication of the letter. That is all I desire to say Mr. WELLER submitted the following reso or opportunity to examine the testimony in the upon that point. lution:

several cases, and cannot be responsible for the So far as the Senator's remarks relate to the

Resolved, That the Select Committee on the Mexican report. They heard the report read, and acquipreservation of peace, I fully and cordially agree Boundary be allowed until the next session of Congress to esced in it only so far as to assent to its being with him. If there is any one line of policy report upon the various subjects referred to them.

made to the Senate, reserving their right to judge more dear to my heart than all others, it is that Mr. HUNTER. I have no objection to the of it when it shall have been printed, and they which shall avoid any just cause of war, and pre committee making a report, but I object to any have had an opportunity to examine the testimony serve peace in all time to come. If there be a dif committee sitting during the recess. I think it upon which it is based ference of opinion between us, it is upon the point would be establishing a bad precedent,

It is deemed important by the committee that as to which line of policy will best accomplish that Mr. WELLER. It is not proposed by the reso this report should be printed at the earliest pracobject. I believe ihat the true policy is to make lution that the committee shall sit during the recess. ticable day; important to the public interest. In no pledges at present which are to bind our suc The testimony before it has been closed. It occu connection with one part of it, it will be rememcessors in all time to come with reference to a state pies more than five hundred pages, and it is utterly bered that during the recent session, when the de. of facts which now does not exist, but then may impossible for the committee during this session ficiency bill was under consideration, I offered require action. I have not said that I wish to to examine it so as to be able to make a report. two amendments in relation to the proposed apannex any, portion of Central America to this The object of the resolution is to allow the com- propriation of $400,000 as a deficiency of former country. I only protest against the pledge that mittee to make their report, not to continue their appropriations for the Capitol extension. My our successors may not do that which their inter- il sitting during the recess.

amendments suspended the disbursement of the

320 Cong....30 Sess.

Special Session-Superintendent of Printing.

SENATE.

proposed appropriation until the 1st day of April, it would be well to adopt it in this instance? I know; and for that reason I stated the whole case and restored it to the former and usual course of take it for granted that the report, although large, precisely, as to my object and what would be the auditing and controlling all expenditures of the can, at his request of the Superintendent of the effect of it. Now, if it should be the sense of the public money at the Treasury. Objection was Printing, receive unusual attention and care, and Senate that it should be done, I would be gratified; then made to my amendments, upon the ground | be printed in the usual form before the expiration but if it is not the sense of the Senate, and they that they reflected injuriously, and it might be un of ihe session. I presume the Senator has the desire otherwise, I am perfectly willing that the justly, upon the characters of the persons who had | right, if he thinks proper, to have it printed in the document should take the ordinary course, and be been intrusted with the duties of managing the debates of the Senate; but it is an unusual course printed as the report of the committee. i therework and disbursing the money. I stated at the to pursue, and therefore I take the liberty of ma fore submit the report, and move that it be printed time that such was not my purpose, but that as king this suggestion to him.

for the use of the Senate. charges of gross improprieties against the Archi Mr. ADAMS. I would suggest that the usual. Mr. THOMPSON, of Kentucky. I will merely tect and others intrusted with these duties had course is for the committee to make its report. It remark that the course taken meeis my approbabeen made, and as the committee were then en is then read by the Secretary. Whether it is con tion. The Senator from Florida (Mr. Morton] gaged in an investigation which threatened in its sidered as having been read by the Senator who and myself have only been members of the comresult to sustain those charges, Ideemed it due to makes it, or by the Secretary at the desk, it will mittee during this called session; and of course so the public interest that no more money should be still be published, not as a part of the debates, it far as the testimony is concerned we had no opgiven into the same hands for disbursement until | is true, but among the reports.

portunity of entering into an examination of the the material facts could be ascertained, and duly Mr. BORLAND. Unless a report on any mat witnesses. We, however, have heard a synopsis presented in the form of a report; and further, ter goes in as a part of the remarks of the Senator, of the testimony read, and have seen the report, that as a few weeks more would enable the com it is excluded from publication in the debates; and and agree that it should be reported to the Senate, mittee to report the facts, and as no harm could I desire that this report shall be so published. In | neither concurring in the views taken in the reresult from the proposed short delay, it was but answer to the Senator from Virginia, I would | port, nor agreeing to the accuracy of the synopsis. right that the Executive should have the means merely say that I know the course which I pro- || We are willing to let it go out for what it is worth, at hand to act understandingly, as well as to the pose is unusual, and for that reason I have made and come before the Senate in its printed form for mode to be adopted as to the agents to be employed the request. The case is an unusual and extraor any legislative action which the Senate may choose in the prosecution of the work. dinary one.

to take upon it. The Senator from Arkansas was My amendments were adopted; and not only is Mr. HAMLIN. I think the object which the perfectly right in saying that we consented to the the disbursement of the money restored to the Senator has in view may be accomplished in this understanding that the report should go before the former and usual mode, whereby the safeguards way without compromising at all the practice of country in that way for such future action as the of checks and official responsibility are thrown the Senate. He has stated certain facts. I think | Senate and Congress might desire to take upon it. around it, but it is suspended, and the work along he can incorporate them as a part of his remarks, Mr. BORLAND. There is no proposition with it, until the 1st of April. That day is near for which the Senate will be in nowise responsi- | made by the committee. The committee do not recat hand, when the Executive will have to cause ble. If he chooses to use them in that way, and ommend any particular legislation upon the subthe work to begin again, and to determine who make them a part of his speech, as if he was ma ject. The report is only a development of facts, shall be intrusted with its management. In the king an extract from a book, he may accomplish and the opinion of the committee expressed upon opinion of the committee, their report contains his object without compromitting the practice of those facts, without recommending anything, matters important to be known to the Executive | the Senate.

leaving it of course to the discretion of the Senate to act understandingly in this connection. To The PRESIDING OFFICER, (Mr. Chase in take any action which it thinks . serve the public interest generally, and with this view direcily, the committee have exerted them- there is nothing before the Senate. The Senator teration of the rules of the Senate suggested. selves to make their report at an earlier day. Cir- from Arkansas rises to make a report from a Se Mr. BORLAND. There is one suggestion as cumstances of difficulty have delayed them until lect Committee, but no question is at present be to what it would be well to do, but it is only in now. It is now here, and will, I presume, be fore the Senate.

the form of a suggestion. There is no resolution printed, as is usual with reports. But it is volu Mr. BORLAND. I have not made the report offered—no bill reported. It is simply an inminous, and will require some time to be printed yet. It is not unusual, and I believe is always | formal suggestion. in the usual way, in pamphlet form. The pur- permitted, for a Senator when making a report to Mr. BADGER. There is nothing for us to pose, then, with which I have made these re accompany it by some explanatory remarks.

concur in. marks, is to connect them with the report; or, Mr. BADGER. I desire to make a suggestion Mr. BORLAND. No, sir. rather, to let the report come in as part of my re to the Senator. I was in the Senate at the time The PRESIDING OFFICER. Does the momarks, and by this means authorize and enable we commenced our present system of printing the tion to print include the documents ? our reporters to print it in the official newspapers debates. When it was commenced, it was the Mr. BORLAND. They are a part of the reas part of our debates. In this way, I could get custom, when papers were read and reports made, port, in the form of an appendix, and of course it much earlier in print, and in a form available to insert them in the debates. That was immedi are included. for the more immediate practical service to the ately decided against, upon the ground that it was The motion to print was agreed to. public I believe it capable of rendering. As em not the intention of the Senate to pay for printing

MESSAGE FROM THE PRESIDENT. bodying, therefore, what I would say to the Sen as a part of the daily debates of the Senate, those ate, ! propose to read the report. matters which we printed as a part of our docu

The PRESIDING OFFICER laid before the Mr. BADGER. I objeci. ments. Since that time the practice has been en

Senate a communication from the President of the Mr. BORLAND. It is not my wish to weary | tirely discontinued. But I would suggest, inde

United States, transmitting a report of the Secrethe Senate by reading a document so voluminous | pendently of this variation from the course of pro

tary of State in answer to a resolution of the Senas this. I know they would be unwilling to listen ceeding which has been usual, and which I think

ale of the 18th of January last, calling for further to it now. But, for the purpose I have indicated, || should not be departed from unless in cases of ex correspondence touching the revolution in France I would like to begin the reading of it now; and, treme necessity, whether the plan proposed by of December, 1851; which was ordered to be as is not unusual with Senators when they desire the Senator would not appear in some respects to

printed. to incorporate certain papers in their speeches, let do an injustice. Suppose the report is printed SUPERINTENDENT OF PRINTING. it be considered as read, and, as part of my re in the debates : the Senator says there is a large marks, be reported and printed accordingly. If mass of testimony accompanying it. I presume ceeded to consider the following resolution, which

On motion by Mr. HAMLIN, the Senate proit be the pleasure of the Senate, I will pursue that he does not intend to print that in the debates. If

was submitted yesterday: he does not, what is the consequence? The con

Resolved, That the same extra compensation be allowed Mr. BADGER. The difficulty is, it will cost clusions of the committee go out to influence the

to the Superintendent of Printing and ihe clerks and mes$15 a column to print it.

action of the Executive, without at the same time senger under him, as is paid by the resolution of the Senate Mr. BORLAND. In my opinion it is worth furnishing the Executive with the evidence upon to other clerks and messengers of a similar grade.” a great deal more than that. Not that anything which they are founded, and enabling him to draw Mr. HAMLIN. I desire to say that by the which I could write and offer to the Senate would his own conclusions; and that, too, in regard to a ordinary legislation of the Senate, we pay to the be worth so much, but as the result of several report which cannot be considered as unanimous. Librarian and laborers around the Capitol, to our months' patient investigation, by a committee of It seems to me, under these circumstances, the engrossing clerk, and to the clerks of committees, this body, of matters important to the public in- usual course of the Senate ought not to be departed a certain additional compensation. By an omission terest and morals, and as the development of facts from; and I concur in the suggestion of the Sena —for it must have been by an omission, as I can of an extraordinary character, which should be tor from Virginia, that if the Senator from Arkan see no other reason for it-the clerks of the Superearly known, it is, in my opinion, of far more value sas will signify to the Superintendent of Printing | intendent of the Public Printing of this and of the than any such amount as we pay for printing the that it is desirable that the report should be printed other House of Congress are overlooked, and they reports of our proceedings. I wish, then, to know immediately, he will take it out of its course, and are made a marked case, and set aside as distinct if it be the pleasure of the Senate that this "Re have it printed without waiting for the ordinary from all the others. Now, I undertake to say port of the Select Committee on Frauds, Abuses, delay.

that however industrious the clerks may be in this &c., appointed under the resolution of the Senate, Mr. BORLAND. For the very reason which or the other end of the Capitol, there are none of August 6, 1852,” shall be considered and the Senator from North Carolina has suggested, || who, in the year, will perform more service, or so printed as a part of my remarks?

I desire to present the whole question to the Sen-much service as these.' They remain here during Mr. MASON. If ihe Senator will allow me, I ate. I might have gone on and read a portion of the year, and are employed most of the time. think it is a very unusual course to have a report the report as a part of my remarks, and it would Many of the clerks are employed only during the printed as a part of the reported debates of the have been printed, but I should have considered session, and they have got their additional comSenate, and I submit, with very great respect to that as taking an advantage of the Senate, and pensation, and all except these have received it. the Senator, whether, inagmuch as it is unusual, ll keeping back something which it had a right to I hope the resolution may pass.

course.

32D CONG.....30 Sess.

Special Session-- Extra Compensation

SENATE.

Mr. DODGE, of Iowa. I want to inquire of is not an officer of this House or of the other. I to the Superintendent of Public Printing, and the clerks and the Senator from Maine whether these gentlemen | suppose the same is true of his clerks. They are

messenger under him, the same allowance as was paid to

the clerks of the Senate at the last session of Congress. have received a pro rata compensation from the not the peculiar employees of this or the other

The pending question being on the amendment House. House of Representatives. Mr. HAMLIN. They have received nothing. Mr. HAMLIN. Yes, they are.

They take

of Mr. STUART to strike out " Superintendent of

Public Printing.” Mr. DODGE, of Iowa. I make the inquiry, be care of our printing. They do much of what the

The amendment was agreed to. cause sometimes in these cases duplicate compen- | Printing Committee formerly did. sation is given, the House of Representatives and Mr. PEARCE. I think this practice has gone

Mr. BADGER. It now becomes necessary to

strike out the word “him" after “under,” and the Senate both giving additional compensation. far enough, and should be stopped. The reason why these persons were noi embraced Mr. STUART. I move to strike out of the

insert “ Superintendent of Public Printing.”

Mr. HAMLIN. I can see no reason why the in the resolution giving extra compensation to the resolution the words, “Superintendent of the clerks and other officers of the Senate, was because Public Printing;” thus modifying the resolution so

Librarian and the Secretary of the Senate should

be paid, and the Superintendent omitted. they were an entirely new class of officers, un that it shall apply only to the clerks. I have asked

Mr. BADGER. 'Voluntas stal pro ratione—the known before. They are officers whose offices about me for some reason why that officer should

will of the Senate makes the reason. have been created since the original resolution was receive extra pay. I recollect distinctly when this

Mr. Badger's amendment was agreed to, and passed. But there is another point. Extra com system was adopted in the other House, econ

the resolution was reported to the Senate as pensation is granted upon the supposition that the omy was one of the strongest arguments used

amended. clerks have performed long and arduous service. there. I believed it myself. But if we are to take

Mr. HAMLIN. The question is now, I supIf these clerks have been in service for a long time, the very first opportunity after an officer is created, it is right to give it; but if they have been in ser to increase his pay, we shall make but a sorry ex

pose, on concurring in the amendment adopted in vice but a short time it is not right. Mr. HAMLIN. They have

been in service as economy. I think you might as well take the i ate, the Librarian, and all your clerks an additional

hibition of our effort to carry out our principles of committee, I wish to say but one word in regard long as any clerks around the Capitol, clerks of President of the United States, and increase his

compensation, and now the question which I subcommittees or any others, and they will be in ser pay by a resolution of the Senate. I confess to vice till December next, which is not true of others.

mit to the Senate is, why shall you exclude the you,

1 see no reason for it whatever, which would Mr. BADGER. I will suggest to the Senator not exist in the case of any other officer under

this Superintendent of your Public Printing from the from Maine, that the phraseology of the resolution Government, and I certainly cannot vote for it.

rule which you apply to every other officer of the should be altered, so that it will be: “ That there Mr. HAMLIN. I hope that amendment will

body?

Mr. STUART. The amendment which was be allowed and paid under the direction of the Com not be agreed to. It is true that the Superintendmittee to Audit and Control the Public Expenses of ent of Printing is an officer whose salary is fixed agreed to in Committee of the whole was prothe Senate, out of the contingent fund of the Sen by law. It is equally true that the Secretary of posed by me. I agree to what was said by the ate the same, "&c., and then at the end, " as was

the Senate is an officer whose salary is fixed by that the whole system of extra compensation is a paid at the last session.

law. It is equally true that the Clerk of the Mr. HAMLIN. I accept the modification. House is an officer whose salary is fixed by law.

bad one-a decidedly bad one. But, sir, I thought Mr. DOUGLAS. I have no objection to the The Librarian, all the clerks around the Capitol, not apply the principle to the Superintendent of

I could see a distinguishing reason why we should resolution, if the Senator from Maine will add: all the officers in the Senate and House are officers

Public Printing. He is an officer appointed on the Provided, It be expressly understood that hereafter no whose salaries are fixed by law; and you have

recommendation of the President; an officer over extra compensation shall be given.

given to them all an additional compensation. The I think that the greatest abuse which has grown only reason why I would give it to the Superin- has any control, except in the mode pointed out.

whose appointment neither House of Congress up here is this extra compensation to all the per: him upon the same footing with the other officers tendent of the Public Printing is, that I would placeThe officers named by the Senator from Maine

are appointed by one or both Houses of Congress, for places here just before the close of a session for who are properly officers of Congress. They are and this system, bad as it is, has, therefore, a the purpose of getting the extra compensation, or not, truly speaking, officers of the Senate, but they

reason in its application to them, but has none getting pay which bears no sort of proportion to

are officers of the Senate and House. They suthe service rendered. It is an abuse which is perintend our printing; they take care of it; they whatever to the Superintendent of Printing, as I

stated yesterday, no more than to any other officer growing up here yearly, and I do hope we will fix

audit the accounts; they are established for that the salaries at what they ought to be, and then purpose as much as the Secretary of the Senate is appointed under the Government. The reason to

which I have alluded, applicable to other officers, put an end to this growing enormity, which I be placed here for the purpose of taking care of and

might, perhaps, be so extended as to apply to the lieve is more corrupting than any other thing making up the records of the Senate. I can see about the Capitol. I hope that the proviso may no reason why you should exclude the Superin- | but you might as well apply it to any officer who

public printer, elected by the vote of both Houses; be added, by way of a notice with respect to the tendent and make a distinction between his case

is appointed on the nomination of the President future. and that of all the rest. I agree with the remarks

as to the Superintendent of Public Printing. Mr. HAMLIN. I would certainly place these and I will most cheerfully concur in fixing the sum which have fallen from the Senator from Illinois,

Besides, Mr. President, I do not like the reaclerks on the same footing as others, and I do not which we are to pay to all our officers, and not

soning upon which the thing is founded, to pay

an individual because you have paid somebody stand at the end of another session precisely as the give any of them increased compensation. But

else. Is the pay of the Superintendent of Public other clerks, only they do not come within that

when you have given to all the classes of persons class of clerks to which the Senator has alluded.

Printing too small? Then increase it permanent. which I have named, I hope my friend from Mich. ly. If the system is a bad one, as I think

it is; These are clerks that have performed service iigan will not make an invidious distinction against it should not be extended. If it is a good one, il during the session, and will perform it during the the

Superintendent, who, I believe is as meritorious

should not be extended beyond the principle as any of our officers.

which it embraces, and that is to confine it to offiMr. DOUGLAS. I do not make the objection

Mr. BADGER. We are reduced now, accord

cers elected or appointed by one or the other or to the clerks particularly who are provided for in ing to the count

which I make, to 16 Senators; 1 both Houses of Congress. This, sir, it seems 10 the resolution; but the principal reason why I

.

recess.

me, ought to be satisfactory. wish to have the proviso adopted is this: Each

The motion was agreed to, and the Senate adsession we are told we must give the extra com

It was with great reluctance I said anything journed.

upon the question at all. I did not intend at this pensation this time, but that we will put a stop to

session to say a word upon any question. Espeihe practice hereafter. If the proviso is not now put upon it, we will be next year in precisely the

WEDNESDAY, March 23, 1853.

cially did I not intend to say anything about the

subject of paying out money. But I would consame situation as we have been in before, and we Prayer by the Chaplain, Rev. C. M. BUTLER. clude by asking the question, and let every Sen. shall be told we must give it now, but we will stop it hereafter. But it never will stop unless tion; which was considered by unanimous consent

Mr. BADGER submitted the following resolu

ator apply it to his own case: By what rule of

propriety will you pay out of the contingent fund some proviso is made giving notice that it will not and agreed to:

of the Senate an officer appointed on the nombe paid. I move as an amendment:

ination of the President?

Resolved, That the Committee to Audit and Control the Provided, it is distinctly understood, that bereafter no Contingent Expenses of the Senate, inquire and report

Mr. HAMLIN. I will merely say to my extra conpensation of any kind will be allowed to any of whether the compensation for the expenses of the agent

friend from Michigan that some of the officers ficer of the Senate, or any person in the employ of the Sen employed to procure and compile the information called for whom we have already paid by our resolution are

by ine resolution of the Senate of March 8, 1851, is payable Mr. BADGER. We have a committee inout of the appropriation for the contingent expenses of the

nominated to, and confirmed by the Senate before

they can occupy their places. I refer to the Listructed now, expressly on the motion of the Sen. Senate ; and if not, how the same should be paid.

brarian and Commissioner of Public Buildings. ator from Virginia, (Mr. Hunter,] to make an

PAPER WITHDRAWN.

Still they are properly the officers of the House arrangement of a system of compensation to avoid On motion by Mr. SEWARD, it was

and Senate. The Librarian takes care of the Conthe extra compensation. I hope, therefore, the Ordered, That Mr. Rossemeyer have leave to withdraw gressional Library. The Superintendent of PubSenator will not offer his amendment now,

from the papers submitted by him a certificate of a certain lic Printing is also properly an officer of the Mr. DOUGLAS. If that is the case, I will contract entered into by him.

House and Senate; and I only insist that we shall withdraw it.

EXTRA COMPENSATION.

not make fish of one and flesh of another. Mr. PEARCE. What is the salary of the The Senate, as in Committee of the Whole, re

Mr. ADAMS. I concur with the suggestion Superintendent of the Public Printing? Mr. HAMLIN. It is twenty-five hundred dol- | tion: sumed the consideration of the following resolu

made, that these extra allowances are all wrong.

I think every officer should be paid a fair compenlars. Mr. PEARCE. He is an officer employed by Resolved, That there be paid out of the contingent fund

sation for his services. I do not intend now to law, and I suppose his salary is fixed by law. He of the Senate, under the direction of the Committee to

participate in this debate, for it is too late to do Audit and Control the Contingent Expenses of the Senate, anything with the system on this resolution; but

ate.

320 CONG.....30 Sess.

Special SessionExtra Compensation.

SENATE.

Mr.

ate.

ance.

I give notice to the Senate that if I shall live to But, Mr. President, I did not rise particularly | edge I have done injustice, and that Senators the commencement of the next session, I will in for the purpose of saying this, but just to drop a ought to have the constructive mileage: nay, it troduce a resolution at an early period instructing / word in behalf of an expiring system which every. | ought to be more than it ever has been, slaughter,) the proper committee to inquire into the compen- || body condemns, but which I really do think is in and if I had the liberty now, I would take it most sation allowed to the employees of the Senate; | itself a very good system—that of extra compen || conscientiously.. (Laughter.) and if it is not sufficient in the judgment of the sation. Why, Mr. President, before we yielded Mr. BADGER. So would I. (Laughter.) Senate, that they fix by law the amount to which to the influences operating upon us from the other The question was taken on the amendment, and they are entitled. Increase their compensation if | House, and the clamors raised throughout the it was not concurred in. it is not enough. I am willing to do that, but I country, to a certain extra mileage to which we Mr. DODGE, of Iowa. I offer the following am opposed to the extra compensation. I am used to be entitled

amendment: willing to pay them what is fair and reasonable.

BORLAND. Constructive.

Provided, That no extra compensation shall hereafter be But I shall not oppose this resolution. As the extra Mr. BADGER. "Constructive" mileage. I allowed to any one out of the contingent fund of the Sencompensation is allowed to others, I see no reason wish to know whether any member of the Senate why it should not be allowed to the persons men ever found it inconvenient to him to receive that Mr. BADGER. I hope my friend will not intioned in this resolution. constructive mileage at an extra session?

sist on that. What does it signify? Surpose we Mr. BORLAND. As chairman of the Com Mr. FITZPATRICK. I never received it. pass a resolution hereafter to make the allowance, mittee on Public Printing, I feel it to be my duty Mr. BADGER. Here is an honorable Senator will that control us? to state to the Senate, that if there are any em who says he never took it. Then he did not find Mr. DODGE, of Iowa. I am aware that we can ployees of the Government, who, on account of it inconvenient to receive it. [Laughter.] No override it. But what does the Senator from Ararduous and important services rendered to us, can man can be inconvenienced by receiving a thing |kansas and every other Senator who advocates the in any way be considered entitled to the extra al which he does not receive; therefore my proposi- resolution say? Just what has been said at every lowance, the Superintendent of Public Printing, tion remains in full force.

other session: “ This is the last time we will make his clerks, and messenger are entitled to it. I *Mr. ADAMS. Will the Senator allow me the allowance." I have been made the instrument know the amount of labor which they have to per Mr. BADGER. I am in the midst of my ar under which these things have been brought here, form. I was astonished when the Superintendent | gument now, and I cannot give way.

under the pressure of men, women, and children; of Public Printing told me that with two clerks Mr. BUTLER. The Senator from Mississippi at midnight and daylight I have been dragooned, and a messenger he could perform the duties rewill help you.

and bedeviled, and hunted down, until I had to quired of him. I thought, and so stated at the first Mr. BÅDGER. I know he will. He is al succumb. (Laughter.) You are now taking in session of the last Congress, that it would take six ways right, (laughter;] but I shall prefer at pres- everybody connected with the Senate-officers creclerks; and I think his reducing them to two, and ent to go on. We found it convenient to our ated and appointed by the President as well as the the amount of labor which I know he performs, i selves to receive this mileage. I did, though my others. You fixed the salary of the Superintendent which requires all day and sometimes late at night, l amount was small. The honorable Senator from of the Public Printing, upon your deliberate judg. entitle him and those who assist him, if anybody | Mississippi found it much more convenient, be ment, at $2,500, the highest price which anybody is entitled, to this extra compensation. There is cause his was larger. [Laughter.] I did not says should be given for the talents and knowledge another circumstance which would make it pecu- grudge him his. I was never for leveling his down, which he possesses; and yet you immediately vary liarly hard as well as invidious to make this dis- | but I would have been always willing to level mine the proposition to add to his pay $250 or $300. tinction against them. The bill which passed at up. (Renewed laughter.] "We cannot retain this You have also included the reporters in the list of the recent session making appropriation for their for ourselves. It is said io be an abominable sys those to whom you give the extra compensation; compensation failed to receive the signature of the tem with regard to our officers; we are told to and the Committee to Audit and Control the ConPresident, and is not a law. They will have to raise their salaries to the amount requisite and pay tingent Expenses of the Senate are annoyed day wait until the next session before they can get any them that, and no more. Now, sir, I think there is after day to give such a construction to the allowcompensation for their services at all. It would something extremely agreeable at the close of the ance as will bring in every man who is engaged in therefore be very hard to refuse them this allow- || session, when the officers have been serving us cutting stone, or has anything to do on the Capi

I do hope it will not be done. I will go as with fidelity and attention and kindness, doing to extension. It is now extended so far that the far as any Senator, at the next session, to get clear everything they could to promote our convenience whole thing is about to fall by its own weight. of the system of extra allowance and fix the regu as Senators, and enable us, by their assiduity and My proviso is in the shape of a proclamation to lar salaries of our employees at a fair rate, and op- attention, to discharge our public duties with more everybody connected with the Senate, that herepose always afterwards any extra compensation; / advantage to ourselves and to the country, and after this thing is to stop, and when the Commitbut do not let us begin with this case, and make promoting our personal convenience—I say there tee on Retrenchment and Reform, will because it this invidious distinction.

is something to me exceedingly grateful in this was committed to them, take up the subject at the Mr. BADGER. I was persuaded by the clear “ free-will offering,” by which we tell them, be next session, they willnot be put off with the apoland distinct statement made by the honorable yond the demands of law, “ You are to receive this ogy that “this is the last time” that the extra alSenator from Michigan (Mr. STUART) yesterday, as a testimonial of the estimate in which we hold lowance shall be made. That is all I ask. I know that there was a propriety in striking out "the your assiduous and voluntary service beyond the we can hereafter disregard the proviso. My friend Superintendent of the Printing” from the proposi demands of your official duties." Therefore, sir, from North Carolina comprehends my motive. He tion to give extra pay, and I consequently voted I wish merely to pay a testimony of my respect knows I am the last man who would deal illiberwith him this morning in Committee of the Whole and consideration for a system which is soon to ally with any of our employees. to strike it out; but, sir, I am obliged to say, for leave nothing but its memory behind.

Mr. BADGER. I know it, and therefore I truth and candor require it, that the Senators I would say to the Senator from Mississippi will make an appeal to the Senator for the last , from Maine and Arkansas have satisfied me that that his resolution at the next session will be en time [laughter) to withdraw his amendment, not I was misled by the plausible statement of the tirely unnecessary, for we have already burdened on account of any objection to the principle conSenator from Michigan, and that the strength of a most laborious and overburdened committee of tained in it, but I think it will place us in rather a the argument is the other way: The Senator from this body—that is the Committee on Retrench- ridiculous attitude. Maine has shown that we are in the habit of pay- l ment, one of the standing committees of the body Mr. DODGE, of Iowa. ( withdraw it. ing extra compensation to two officers who are provided for by our rules, because it is necessary Mr. BRODHEAD. I think the amendment appointed precisely as the Superintendent of the that it should always be in existence and ready to ought not to be withdrawn. I do not think it is the Public Printing is appointed; and the reason why meet the large demands of the public upon its ser last time; I do not believe this is an expiring syswe have been in the habit of paying them is pre- || vice-by a resolution introduced by the Senator cisely in full force and operation, as a reason for from Virginia, with the duty of producing a scheme Mr. BADGER. Oh, yes; it is dead. (Laughter.) paying this officer; that is, that they are engaged of compensation to be adopted at the next session, Mr. BRODHEAD. At the extra session of in discharying duties which properly are connected which will relieve us of what some gentlemen con the Senate in 1851, I heard you, Mr. President, with the two Houses of Congress. The real dif- || sider a painful necessity, but what I look upon as (Mr. Atchison in the chair,) say it was the last ficulty and incongruity, Mr. President, has arisen the agreeable office of voting extra compensation time; and I could not understand till this morning from this, that Congress by its legislation has to our officers. Therefore, we have nothing at why it was that my friend from lowa (Mr. Dodge] given the appointment of the Librarian, of the Su- || present to do but simply to pass this resolution, was so anxious at the last night of the last session perintendent of Public Buildings, and of the Super- and then the whole system will be broken up, be to have a resolution passed, giving the sum of intendent of their own printing to the President. cause at the next session, should such be the de between twenty and thirty thousand dollars to the That is the error. You ought to have retained the cided sense of the Senate, we will revise the sala- employees. I now understand it. I can compreappointment of every officer who is concerned in ries of the officers and stop the contingencies. hend his feelings. I believe he said he was dradischarging duties in which we alone are prima Mr. ADAMS. My object in attempting to in- gooned and bedeviled and hunted down by men, rily interested. But there can be no reason, underterrupt my friend from North Carolina, was to make women, and children. How much do you think the circumstances, why we should except the an acknowledgment to him and other Senators. If we paid under this resolution? Superintendent of the Public Printing, after having I do injustice to any one I always take pleasure Mr. BADGER. Fifty thousand dollars ? paid to others standing in precisely the same rela- in retracting it. Heretofore, I have with most of Mr. BRODHEAD. We paid about $28,000. tion as to the mode of appointment and the duties the country condemned what has been known as The plain honest people throughout the country, which they have to discharge towards us; and constructive mileage; but since I have had the who work as hard as our employees, think that therefore my attention being called to that fact, I honor of being a member of this body, and experi- || $30,000 ought to be enough altogether. But, sir, am obliged to say that the honorable Senator from enced during the last six weeks especially, the this is extra compensation. I know the officers Michigan, I think, will, by persisting in his labor of sitting up here all night when the public of the Senate are most worthy officers, and the amendment, be accomplishing what the Senator | interest required it—the labor which we have had most accommodating gentlemen that I was ever from Maine says: making fish of one and flesh of to perform here and elsewhere connected with the associated with. I am willing to give them a libanother.

duties of a Senator, I say now that I acknowl eral compensation, but it is a miserable system of

tem.

.

320 Cong.....3d Sess.

Special Session-Extra Compensation.

SENATE.

paying them about $30,000 extra at the close of is so, for it says no payment " shall be made," | Mr. BADGER. I wish to correct one error a session, and on the last night of the session without any qualification whatever. Now I deny into which the Senator has fallen. Although I But it will never come to an end.

the power of the Senate to do that, and I deny the have been a friend of that system, and think it Mr. BADGER. I wish to say one word about propriety of doing it. If, as the Senator says, it the best, I do not choose to stand in opposition to this last time" to which Senators have alluded.does not mean that, why not make it speak what the sense of the Senate if a change is determined Mr. BUTLER. “Henceforth." (Laughter.] it does mean, that no payment shall be made here upon. I am willing that the system shall be dis

Mr. BADGER. “Henceforth;” I change the after unless ihe Senaie direct it? I think he ad Il continued, not because I think it is wrong, not word. What the Senator said is correct, but he || mits that if the Senate does direct it the payment because I do not think it is good in itself, but beforgets one part of it. The Senator from Indiana, 'must be made. It is mere brutum fulmen to put cause it is the subject of complaint, and liable to (Mr. Bright,) at the session before the last, said there a declaration that no payment shall be made misapprehension and misconstruction. But I do he would yield for that time, but at the commence- hereafter of any extra allowance or compensation, object to putting a proviso of this kind to the resoment of the next session he would introduce a | when the Senator knows perfectly well that if the lution, which my friend from lowa withdrew at resolution for revising and increasing the salaries, proviso is adopted the extra allowance can be my earnest solicitation, because it places us in a and he was assured if he did so he would receive made if the Senate choose, and will be paid in the ridiculous attitude before the country. If we canthe entire support of the Senate. He omitted it manner in which it has been done heretofore. not trust our own firmness and decision, without at that session, and he explained to me the rea- 1 Therefore, I think, in order that we may not stul- || a pledge in the form of a resolution to control our son, that it was not a suitable time to introduce | tify ourselves by undertaking by the proviso to tie action, let us confess our imbecility, and give way it, when we had adopted a provision in the appro- ' our own hands, we ought to adopt my amend- || to somebody to correct it. priation bill making a temporary increase of the ment. I admit that after the amendment to the Mr. DOUGLAS. I hope the honorable S-nasalaries of most of the subordinate employees of amendment is adopted, it will present rather an ex- | tor from Ohio will have more firmness than either the Government. That was the reason why he traordinary spectacle, but not half as extraordinary | the Senator from lowa or myself hare shown in did not introduce it.

as the amendment in its present shape. It is not offering an amendment and then withdrawing it. Mr. CHASE. I am opposed generally to this an amendment declaratory of a purpose; it is not I hope he will not withdraw the proviso. I condoctrine of " henceforth." 'I do not believe in it as an amendment declaratory of ihe intentions or fess I admire the apparent earnestness and frankit was explained the other day by the Senator from judgment of the Senate; it is a peremptory and ness with which the honorable Senator from North North Carolina. That which is fit to be done is mandatory proviso that hereafter no additional || Carolina has argued this question. The real point fit to be done now; and that which is right should compensation shall be paid. Whom does it limit? | at issue is this: shall this abuse be discontinued be insisted on at all times. If a policy is expedi It proposes to limit somebody. If it limits any. || or not? Whenever we have attempted to arrest ent, it is expedient that it should be carried out | body it must be the Senate, for nobody else has this practice towards the end of a session, we have now and at all times.

assumed any authority to order the payments but been invariably told that it will not do to stop it My friend from North Carolina has said that the Senate. It is said that we do not pretend to at that time, because the employees have been enthis is an expiring system. I think it is a wrong limit the Senate. Then say so expressly upon gaged, and have worked under the expectation of system, and I agree in that with the Senator from the face of the amendment. Suppose the honora- | getting it; that we must give notice at the beginIllinois, and with the other Senators who have ble Senator should add a proviso to a bill relating ning of a session that we are not to make these spoken on the subject to day. If it is wrong, it to the salaries of officers, that hereafter no salary allowances; that there was an implied obligation should be discontinued, and I know of no time so should be paid to any oficer, greater than the sal to grant it at the end of the session. That arguproper for its discontinuance as the present; and , ary allowed in that bill, when the officer could re- || ment invariably prevails when objection is made therefore, for the purpose of testing the sense of ceive no salary except under that or some subse to the adoption of a resolution towards the close the Senate upon that, I desire to submit this amend quent law. Does not the Senator see that it would be of a session. Then the advocates of the system, ment:

vain and nugatory? I am sincere about this mat- || when a proposition is made to give notice, think it Provided, That hereafter no allowance of any kind, be. ter, and I should be very sorry to have such a is very unbecoming to give such a notice, and say yond their regular compensation, shall be made to any proviso appended to the resolution. I think it that we must have firmness when the time comes officer of the Senate.

places the Senate in a very absurd position. It at the end of the session, to resist and stop the Mr. BADGER. Is it in order to move to uses the word “shall” as applied to the Senate or abuse. Thus by one course of argument at the amend that amendment?

somebody else. It is admitied that nobody has opening of the session, and by another course of The PRESIDENT. It is.

anything to do with it but the Senate, and it un argument at the close of the session, the system Mr. BADGER. Then I move to add the words dertakes to say that the Senate hereafter shall not has been extended till it has reached now the char" unless directed by the Senate." I presume the do a particular thing. We thus undertake not acter of an intolerable abuse. I hope we will honorable Senator from Ohio does not mean to only to say that we shall not do it, but that no adopt the amendment and give the notice. I besay, that if the Senate should direct the payment Senate hereafter shall do it. I cannot see the pro lieve that is the object of the Senator from Ohio of the extra allowance, the Committee on Con priety of it. I believe, myself, that when the Com by his amendment. The effect of the amendment tingent Expenses shall not pay it. Now, let us mittee on Retrenchment reports at the next ses to the amendment offered by the Senator from look at this case. The Senator's amendment pro sion, the system they report will be adopted, and North Carolina, is to carry ihe implication that vides that hereafter no extra allowance shall be that will put an end to this business. But I would hereafter we will grant the extra allowance. made. Suppose that at the next session an extra rather the system should continue forever than Mr. BADGER. No; but that it must be paid allowance is ordered. The Senator certainly does adopt such a proviso as is proposed by the Sena if we do. not mean, if that is ordered by the Senate, and tor from Ohio.

Mr. DOUGLAS. I understand the argument paid by the Secretary out of the contingent fund, Mr. CHASE. Every law is subject to repeal; of the Senator upon that subject; I think it would that he shall lose the money. It unquestionably every rule is subject to alteration. The Senate, if be an improvement of “ Chitty on Special Pleadmeans nothing but this: that no extra allowance they see fit, may proceed in disregard of their rules, ing." The proviso is, that hereafter no allowance shall be paid unless the Senate direct it. If it by unanimous consent. They cannot disregard shall be made. If that proviso be adopted there means that, say it. I submit the amendment to a law which they impose upon theraselves, except is a notice that our employees are not to expect it, make the proviso consistent with the state of thelaw. | by unanimous consent. It is true that this amend and if they do they will not get it. Then the

Mr. CHASE. I am quite aware that the Sen || ment will become the rule of the Senate unless it amendment to the amendment that the allowance ate, at the next session, may, if they choose, is repealed. Therefore I desire its adoption be shall not be made unless authorized by the Senate notwithstanding this proviso, grant the extra al cause I know it will constitute a rule, and because carries the implication with it that we will pay it lowance; but the object of the proviso, I suppose, I know that unless it is adopted we shall continue hereafter as we have on every former occasion. cannot be mistaken. It is to declare that in the to be found in precisely the same situation as at Hence, the question is now distinctly stated judgment of the Senate the system is wrong, and ! the last night of last session, and the same ap whether or not we will put an end to this abuse, ought to be discontinued. We have heretofore, I peals will be made to us, and we shall be under and we arrive at that distinct issue by rejecting upon almost every occasion, as is well known, the duress of which Senators have complained. the amendment to the amendment, and standing when propositions for granting extra allowance I offer the amendment because I think it is right, firmly by the amendment of the Senator from have been made, been told it is the last time. and because I think it is due to us that we should Ohio. Now, I wish to put it upon record that it is the arrest this system. I have no complaint to make | Mr. DODGE, of lowa. I trust the amendlast time. We all know very well that it is per of Senators who differ with me, and who regard ment to the amendment will be rejected, and that fectly competent for the Senate at the next ses this as a fit and proper system. The honorable we shall adopt the amendment of the Senator from sion, if they see fit, to overrule or rescind the pro Senator from North Carolina has said frankly Ohio, although I yielded to the solicitation of my viso. They may do that; but unless it is adopted and explicitly that he approves the system in it friend from North Carolina, and thus showed his there will be nothing to indicate that it is the un self. Now, if the Senate approve the system in power over me. It is not the first time that I have derstanding of the Senate that this system ought | itself, they will show it by their vote, in adding to yielded to that power. But I look upon the to be discontinued. On the contrary, if the pro my amendment the amendment which he proposes, amendment just as I do upon the amendments viso be adopted now, in my judgment, the system and thereby reduce it to a nullity. If, on the con made to appropriations for custom-house buildwill be discontinued. If it is not adopted, the trary, the Senate is of opinion that the system ings. Congress has the power to go on and apSenale say in effect that the system shall be con should be discontinued, and concur with me in propriate its dollars ad infinitum, I know. When tinued. I hope that the Senator from North Car that, and do not concur with the Senator from å bill is before us granting money for the conolina, inasmuch as he says his amendment will North Carolina, they will reject his amendment struction of a custom-house, a proviso is always not affect the case at all, will not press it.

and adopt mine. It is simply a question of differ added that the expenditure shall not exceed the Mr. BADGER. I think my proposed amend ence as to policy. I am unfortunate in differing appropriation, and my friend from Virginia [Mr. ment does affect the case greatly; for the amend with a Senator for whom I have so great respect; HUNTER] las almost worn out his fingers drawment of the honorable Senator, as it stands, de- || but differing as I do from him, I think it proper, ing up such provisoes. But we know that Conclares that no payment shall be made, whether and feel bound to present the views which I enter I gress has power to override then. I look upon directed by the Senate or not. Undoubtedly that ! tain on the subjeci.

Il them as a proclamation to those engaged in erect

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