DECEMBER, 1816.

Compensation Law.

H. of R.

compensation law, which was supported and point of view, we must take a variety of cirvoted for by a majority of both Houses of Con- cumstances into the calculation, and it may be gress, and signed by the President of the United difficult to say what is the precise sum that should States; a compensation law, which was acknowl- be given. If a married man shall bring his famedged by every member of the Senate and of the ily with him, he will incur an expense greater House to be just, if not politic, by taking the fif- than to come alone. If a member should come teen hundred dollars; for he was informed that alone to the City of Washington, he incurs less every member, one from Virginia excepted, had expense than if compelled to bring one servant, taken the money, which was conclusive evidence or an attendant, with him, to aid him on the road, that they did not consider it public robbery. And and when at the city, to take from him the trouthe honorable gentleman from Virginia did not ble of a thousand calls, which would break in refuse the money because he thought it unjust, upon his time, and render him, in a great measfor he advocated the measure; upon principle sure, useless to his constituents; or by paying the only he could not agree to embrace the present same for extra attention at the boarding houses. Congress. The worth of that member was well Or the amount of expense may depend upon a known to the House; and as to those who had thousand other considerations-whether a memvoted against the measure, and had received the ber shall drink water alone, or whiskey, or brancompensation, he did not suppose that the people dy, or Madeira, or Champaign; or whether a of any district would have complained of any member shall occupy a room alone, or whether such member, who had only taken that which he can find some kindred spirit to occupy a room had been allowed other members by law. In jus- together. But this part of the subject cannot be tice to himself, to the House, and particularly to reduced to anything like mathematical precision, the nation, he conceived it his duty thus to dis- as to the amount of compensation. But this I tinguish the real from the fictitious compensation have said, and this I now repeat, that for married laws; for the age of reason had not passed away, or single, with servants or without servants, with and although there may have been a temporary horses or without horses, fifteen hundred dollars, sacrifice of worth and merit, it cannot continue. as a money-making scheme, is a poor business, Mr. J. said, such had been the artificial and un- whether applied to the farmer, the mechanic, the natural excitement against the compensation bill, lawyer, the doctor, or any other other class of the that a particular friend of his called upon his community; such is the necessary expense and debtor to discharge a written obligation under sacrifice in being a member. Nor is it my wish bond and seal; upon presenting the note, the that it should be a money-making business. It debtor demanded to know of his creditor, whether is my wish to receive my compensation from he was in favor of the compensation bill; and, the people whom I represent, and not from any upon being answered in the affirmative, payment other quarter. I despise prodigality, extravagance, was positively refused. This was not all. He and luxury, and equally despise griping avarice had understood if a constable presented himself and in this, as in all other cases of money, to the justices of the peace for preferment and would be governed by the principles of economy promotion, he was called on to know if he was-fix no unnecessary burden on the people-but in favor of the compensation bill. If the justice they must support their liberties and the Governof the peace wanted to be sheriff, he could think ment of their choice, by a moderate and rational of no better expedient than to denounce the com- system of necessary supplies. But, leaving this pensation bill; and particularly those who offered positive view of the subject, comparatively speakas candidates to represent counties in the State ing, the compensation to members of Congress is Legislatures, a denunciation of the compensation inadequate, and, to equalize, you must either bill was made a sine qua non. In fact, by these level or reduce the salaries of most of the officers and other means, the poor compensation bill ex- of Government, or you must add to the per diem cited more discontent than the alien or sedition which has been received by the members heretolaws, the quasi war with France, the internal fore; and I believe the people have not yet intaxes of 1798, the embargo, the late war with structed the members of Congress to lessen the Great Britain, the Treaty of Ghent, or any one salaries of officers which have been fixed by the measure of the Government, from its existence. patriots of the country for twenty years and upSuch effects could not naturally result from the wards; and the people must love liberty less, and measure under consideration, but from the mis- money more, than at present, to take such a step; representation of designing men, and from a mis- and when I introduce the salaries of some of the understanding of it by the virtuous, the faithful, officers of the Government, from memory, by the honest, yeomanry of the country. Mr. J. said, way of comparison, it is not to alarm, or to imply this reminded him of another story that was told that there should be a diminution or reduction, him, of a young gentleman having made known but to undeceive the people as to this monstrous to the father of a beautiful daughter, his wish to law, which gives $1,500 to members of Congress. visit the house on her account; who demanded of the young man, as a preliminary, whether he was in favor of the compensation bill! This brings me, said Mr. J., to the most natural part of the inquiry-the amount of compensation. If we consider this subject in an abstract or positive | $41 10 per day,

The President of the United States receives a salary of $25,000 per annum, which amounts to $68 49 per day.

Vice President, $5,000 per annum, which, allowing the sessions to average four months, is

the Government, than the Judiciary or the Exe-
cutive Departments? But the duties of a judge
disqualify him from being a lawyer, and he has
no time to superintend his farm, or practice med-
icine, &c. In this respect the member of Con-
gress must give up his practice at the bar; and
in the case of the farmer or the doctor, the judge
has greatly the advantage, because the service he
performs only separates him from those avoca-
tions for short internals. These disqualifications
will not apply to State Legislatures, for there the
term of service is at a period when the neighbors
are healthy, the farmer only attending to his
stock, the courts of justice closed, and the term
of service so short, and the distance so inconsid-
erable, that the sacrifice cannot be compared to a
six months' siege. I cannot speak as to other

Postmaster General, $3,000 per annum.
Comptroller of the Treasury, $3,500 per an- members, but, as to myself, I am as much engaged

DECEMBER, 1816.

Compensation Law.

dollars per day, or whether he draws his $25,000 quarter-yearly. The same may be said of the Military, and the Executive, and the Judicial departments.

H. OF R.

Not

mate with an Englishman who resided in my neighborhood, who informed me that he generally received sixteen pounds sterling for his vote at each election. fore, does not arise from any change of sentiment The motion which I make, thereas to mode and amount of compensation. With other considerations, already mentioned, vox populi vox Dei has its controlling influence. that this principle implies perfection in the people, but I hold it as a political maxim that the people are the fountain of power and authority; and if they should be ever carried away by a momentary impulse, it does not arise from corruption; and the presumption is, that the people are always right, as they are, as a people, always virtuous in their views; and a Representative who acknowledges this principle, and is willing to carry into effect the will of the people, is entitled to some liberality-to some consideration. But I do not admit that the great body of the people are so deeply affected by this measure; but I believe there is sufficient floating inflammable matter to turn the scale in most instances. In this respect I am for taking away all pretext, and bow to the will of the people, thus partially expressed, under all those unnatural means of excitement to which I have alluded.

The per diem allowance originated from the necessity and convenience of members, who had daily calls upon them; and the salary officer was made such from a convenience in the payment quarter-yearly, or semi-annually. It is impossible to make any other distinction. I believe a gross sum will reform the proceedings of the House; and although the people may change their representatives every Congress, the case will not be altered; they will not, in the aggregate, find men more enlightened, more patriotic, more industrious, or less avaricious; and it is always best to blend self-interest and patriotisin together, if it can be done; and the most beneficial results, in my humble opinion, were discovered from its operation at the last session. But I deny that members of Congress are made salary officersat least they do not partake of the advantages of a salary officer. In the Executive, or Judiciary, or Military, or Naval departments, in case of sickness or absence on furlough, no deduction is made from the pay of the officer. If they languish on a bed of sickness, under their own roof, and surrounded by their own friends, the act of God does not lessen their claims upon their country for this virtue that preserved us from Parliamentary Vigilance is a virtue in a free people; it was support; but if a member of Congress should be encroachments in 1776, and conducted us to inplaced in the same situation, he receives no part dependence. Like Argus, the people should be of his fifteen hundred dollars; and, if detained watchful-they should not slumber upon their after the session terminates, he receives no addi- posts. But at the same time we should guard tional compensation. He must perform the ser- against precipitancy and unfounded suspicion, vice to entitle him to the money. The Roman for these are the opposites of vigilance. It was diadem was put up to the highest bidder, and his- these that threatened our cause in times that tried tory gives us the consequences; and if making men's souls; when the Father of his Country, the money or saving money be the object of the peo- immortal WASHINGTON, was distrusted of wantple, there is no district in the United States so ing the capacity of a General or Commander-inpoor, but could furnish some character to serve Chief, in pursuing the Fabian policy, particularly for nothing, and, if required, would give to the his memorable retreat through the Jerseys, that public Treasury the fifteen hundred dollars for a seat in Congress: but then we should have a very with so much glory. Unlimited confidence is a saved his shattered army, and has crowned him different Congress from that which is now so weakness, but unfounded suspicion and distrust much identified with the honor and rights of the of a faithful public servant, is a political, if not a nation. The rich aristocracy of the country, who moral evil. In the United States, a public sercould roll in their carriages, or the profligate, who vant has some rational ground to make some calwould wish to put themselves in the market, culation upon a long series of uniform and undewould generally compose a Congress under such viating conduct, sentiment, and principle; withan organization. We have a memorable, a very out such a hope, honor and virtue, and faithful memorable example before us, of legislators serv-services, would fail to meet their reward, and it ing their constituents for nothing-I mean the would revive the ostracism of Athens. There members of the British Parliament. And what some apology may be urged, as the very organiis the effect? The King and Ministry have a zation of the government often subjected the fund to purchase a majority; some cannot be people to the tyranny of usurpers, and put many purchased-such as Chatham and Fox-others men above the laws. It is otherwise in this land were not worth purchasing. But for fifty or one of liberty, where the laws and the constitution hundred years it has been so contrived, that the are supreme, and where a wise, virtuous, and exKing and his Ministry have had a majority of perienced statesman may be of infinite service, so Parliament, to support them in all their systems long as he pursues a correct course, and has the of war and taxes, with the exception of a very confidence of the nation; but where no man can few years indeed, when the voice of the people act the tyrant without becoming impotent and for a moment gained the ascendency. And al- contemptible, and where the finger of scorn and though the members of Parliament serve for no- infamy point him out as harmless in the private thing, the votes, in many places, were bought as any other article in the market; for I was inti- charged with having changed his politics; the walks of life. In this case, no man has been

DECEMBER, 1816.

Relief of Officers-Commissioner of Claims.

H. of R.

The following Message was received from the H. on the suggestion of Mr. TAYLOR, (of New PRESIDENT OF THE UNITED STATES:

To the Senate and House of

Representatives of the United States: The 9th section of the act passed at the last session of Congress "to authorize the payment for property lost, captured or destroyed by the enemy while in the military service of the United States, and for other purposes," having received a construction giving it a scope of great and uncertain extent, I thought it proper that proceedings relative to claims under that part of the act should be suspended until Congress should have an opportunity of defining, more precisely, the cases contemplated by them. With that view I now recommend the subject to their consideration. They will have an opportunity, at the same time, of considering how far other provisions of the act may be rendered more clear and precise in their import. JAMES MADISON.

DECEMBER 6, 1816.

The Message was read, and referred to the Committee of Claims.

York,) as above, to instruct the committee to inquire into the expediency of legislating on the subject. In support of this modification, Mr. TAYLOR remarked, that after the provision made at the last session, it was asking rather too much of Congress to pass a resolution, the terms of which assumed the fact that further provision was necessary. A change of opinion might have taken place in the House on the subject since the last session, but he thought it improper to take that for granted which yet remained to be ascertained.

The motion of Mr. HARRISON, as it stands above, was agreed to without a division.

COMMISSIONER OF CLAIMS.

Mr. FORSYTH offered for consideration the resolutions which follow:

1. Resolved, That the President of the United States be, and he is hereby, requested to lay before this House the proceedings of the Commissioner appointed under On motion of Mr. TUCKER, the Committee for the act of the last session, entitled "An Act to authorthe District of Columbia were instructed to in-ize the payment for property lost, captured or destroyed, quire into the expediency of prohibiting, by law, while in the military service of the United States, and the establishment of unchartered banking com- for other purposes.' panies, or the circulation of the notes of such companies within the said District.

On motion of Mr. JOHNSON, of Kentucky, the Military Committee were instructed to inquire into the expediency of organizing a corps of invalids, and of establishing additional military

academies.

RELIEF OF DISTRESSED OFFICERS, &c. Mr. HARRISON moved the adoption of the following resolution:

Resolved, That the Military Committee be instructed to inquire into the expediency of providing, by law, for the relief of such of the officers and soldiers who having faithfully served in the armies of the United States, are now in distressed circumstances, and who, not having received wounds or disabilities whilst in actual service, are excluded from the benefits of the pension laws, and that the said committee report by bill or otherwise.

Mr. HARRISON said it had been his intention to offer, with this resolution, some observations upon the matter to the House, but understanding that this course was not considered wholly proper on offering a motion to the House, he should reserve his remarks for another stage of the business. He did so with the less reluctance, since any marks he should have made would have been with a view to enlist the feelings of the House, and he felt, on reflection, convinced they must be wholly unnecessary on this occasion, and that the heart of every American would beat in unison with the object he had in view. He had made the resolution as broad as possible, that it might afford to the committee a choice of the various modes of accomplishing the object committed to them.

2. Resolved, That the President of the United States be, and he is hereby, requested to order the further execution of the said act to be suspended, until the subject shall be disposed of by this House.

3. Resolved, That the President be, and he is hereby, made by the Commissioner under the said act have been requested to inform this House whether the judgments paid by the Treasury, and if they have been paid, by what authority, and out of what fund.

Mr. WILLIAMS, of North Carolina, suggested, that they were a substitute for the motion he offered yesterday.

Which objection Mr. SPEAKER Overruled; these resolves calling on the President for certain information, that of Mr. WILLIAMS embracing an inquiry, by a committee of Congress, into the proceedings of a public officer. They were on the same subject, it was true, but their objects were widely different.

Mr. FORSYTH said a few words as to the objects of his propositions. As to the first resolution, being almost a matter of course under any circumstances, he presumed no objection would be made to it. As to the second, the President had informed the House, by a special message, that the execution of a part of the act had been re-suspended; and had recommended the revision of other parts of it. It seemed, therefore, that the Executive thought the provisions of the act obscure or incorrect; and, Mr. F. thought, that, to avoid injury to the United States from further decisions under the act, it would be proper to suspend it. With regard to the last resolution, he had received information, he believed from a correct source, that the judgments of the Commissioner had been paid at the Treasury whenever presented; and, as far as he had understood, there had been no act of Congress making an appropriation for the purpose of liquidating these claims. The act constituting the Commissioner's office made no such appropriation; neither did the

The motion of Mr. H., as originally offered, embraced a positive instruction to the committee to report the mode in which the object could be best accomplished, but was so modified by Mr.