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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 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, 1 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 Stateing, the compensation to members of Congress is Legislatures, a denunciation of the compensation bill was made a sine qua non. In fact, by these and other means, the poor compensation bill excited more discontent than the alien or sedition laws, the quasi war with France, the internal taxes of 1798, the embargo, the late war with Great Britain, the Treaty of Ghent, or any one measure of the Government, from its existence. Such effects could not naturally result from the measure under consideration, but from the misrepresentation of designing men, and from a misunderstanding of it by the virtuous, the faithful, the honest, yeomanry of the country. Mr. J. said, this reminded him of another story that was told him, of a young gentleman having made known to the father of a beautiful daughter, his wish to 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

inadequate, and, to equalize, you must either level or reduce the salaries of most of the officers of Government, or you must add to the per diem which has been received by the members heretofore; and I believe the people have not yet instructed the members of Congress to lessen the salaries of officers which have been fixed by the patriots of the country for twenty years and upwards; and the people must love liberty less, and money more, than at present, to take such a step; and when I introduce the salaries of some of the officers of the Government, from memory, by way of comparison, it is not to alarm, or to imply that there should be a diminution or reduction, but to undeceive the people as to this monstrous law, which gives $1,500 to members of Congress.

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 $41 10 per day.

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Secretary of State, $5,000, which is $13,70 per day.

Secretary of the Treasury, $5,000, which is $13 70 per day.

Secretary of War, $4,500, which is $12 32 per

day.

Secretary of the Navy, $4,500, which is $12 32 per day.

Foreign Ministers, $9,000, which is $24 65 per day, besides an outfit of $9,000.

Chief Justice, $4,000, which, allowing the time occupied in travelling and attendance to be four months, or one hundred and twenty days in each year, is $33 33 per day.

DECEMBER, 1816.

the Government, than the Judiciary or the Executive Departments? But the duties of a judge disqualify him from being a lawyer, and he has no time to superintend his farm, or practice medicine, &c. In this respect the member of Congress 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 avocations 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 inconsiderable, that the sacrifice cannot be compared to a six months' siege. I cannot speak as to other

Associate Judges, $3,500, which is, for one hundred and twenty days, $29 16 per day. Postmaster General, $3,000 per annum. Comptroller of the Treasury, $3,500 per an- members, but, as to myself, I am as much engaged

num.

Treasurer, 3,000 per annum.

Auditor of the Treasury, $3,000 per annum. Register of the Treasury, $3,000 per annum. Commissioner of the General Land Office, $3,000 per annum.

Commissioner of Internal Revenue, $3,000 per

annum.

Superintendent General of Military Supplies, $3,000 per annum.

Attorney General, $3,000 per annum. Accountants of the War and Navy Departments, each $2,000 per annum.

And about thirty clerks in the different offices, from $1,500 to $2,500 per annum.

in the public service during the recess as I am at the City of Washington; the only difference is, that I am, a good part of my time, upon my own farm, and not at the expense incurred from it. This measure, which has excited so much discontent, involves feeling and not principle; and, with the advantage taken of it by the designing, the nature of the measure was well calculated to rouse the jealousy of the people, by our increasing our own compensation; but they should recollect that they have given us that power, and no other branch of the Government can take hold of it. The Constitution vests us with that power, and perhaps there is not a man in the United States of America who can suppose, for a moment, that the present compensation I allude tothe six dollars per day-can remain permanent as the laws of the Medes and Persians, while there is a gradual depreciation of money, and a proportionable increase of the cost of diet, of clothing, and all the necessaries of life; and to give a memorable example of the forbearance of Congress to touch this subject, until driven to it by necessity, the compensation has been at six dollars per diem from the origin of the Government, upwards of twenty-six years ago, and in 1796 the sergeantat-arms and the doorkeeper received six dollars The presidents of the courts of common pleas per day, and their compensation was converted $1,600 per annum, which, allowing five months into a gross sum of $1,500 previous to the last for the time occupied, is $10 66 per day, besides session; and I presume we could not be charged travelling expenses; and all the officers in Penn-with corruption or prodigality in this respect; at sylvania, from the constable upwards, have received an increase of compensation, within ten years, of at least fifty per cent.

In Virginia.-Judges of the Court of Appeals, $2,500 per annum, which, allowing four months, or one hundred and twenty days, for the whole time occupied in a year, is $20 83 per day.

Judges of the District Courts, $1,500 per annum, which, for three months, or ninety days, the extent of time occupied, is $16 66 per day.

In Pennsylvania.-The Judges of the Supreme Court receive $2,000 per annum, which, for one hundred and twenty days, the extent of the time occupied in a year, is $16 66 per day, besides travelling expenses.

least we gave it to others, and received no more ourselves than we gave to the servants of the House; and when we did regulate our own pay, But it is said the judges are commissioned, and we only placed ourselves on an equality with the of course it is implied that they are in service the servants of servants; no disrespect meant to our whole year; but, by the same implication or legal faithful sergeant-at-arms and doorkeeper. But I intendment, a member of Congress is in service have always said, that my great object was reform also the whole year. If, in fact, a member of in the proceedings of the House; the sum was not Congress is in session as many days as a judge in important in an individual point of view, although the year, his actual service is as great. In vaca-I have never thought I was undeserving of the tion he is supposed to be employed, as it is his duty, in reading and study. The same remark will apply to a member of Congress, and if he is presumed to be as faithful as a judge, he will read as much, and study as much; and I would ask, if it should be less necessary for the Legislature to be enlightened, that controls every branch of

$1,500, nor do my constituents believe it. But the mode makes us salary officers. Indeed! and what magic is there in the name of salary officers? The only difference between a salary officer and a per diem, is simply in the mode of payment, and not in the amount. It is immaterial whether you give the President his sixty-eight

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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.

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. The motion which I make, therefore, does not arise from any change of sentiment as to mode and amount of compensation. With other considerations, already mentioned, vox populi vox Dei has its controlling influence. Not 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 patriotism 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 officers at 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 Vigilance is a virtue in a free people; it was not lessen their claims upon their country for this virtue that preserved us from Parliamentary 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 forthese are the opposites of vigilance. It was diadem was put up to the highest bidders 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 saved his shattered army, and has crowned him seat in Congress: but then we should have a very with so much glory. Unlimited confidence is a 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 members of the British Parliament. And what is the effect? The King and Ministry have a fund to purchase a majority; some cannot be purchased-such as Chatham and Fox-others were not worth purchasing. But for fifty or one hundred years it has been so contrived, that the King and his Ministry have had a majority of Parliament, to support them in all their systems of war and taxes, with the exception of a very few years indeed, when the voice of the people for a moment gained the ascendency. And although the members of Parliament serve for nothing, the votes, in many places, were bought as any other article in the market; for I was inti

would revive the ostracism of Athens. There some apology may be urged, as the very organization of the government often subjected the people to the tyranny of usurpers, and put many men above the laws. It is otherwise in this land of liberty, where the laws and the constitution are supreme, and where a wise, virtuous, and experienced statesman may be of infinite service, so long as he pursues a correct course, and has the confidence of the nation; but where no man can act the tyrant without becoming impotent and contemptible, and where the finger of scorn and infamy point him out as harmless in the private walks of life. In this case, no man has been charged with having changed his politics; the

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Federal members are Federal still, and the Republican members are Republican still. It is to he regretted that it did not produce a change in that respect, and it had been for the better. I do not make use of party names to excite party feelings, nor do I intend to drop an expression that can wound the feelings of any, whether voting for the bill or against it. Odious as this measure was supposed to be, some were not satisfied with magnifying every feature into a Gorgon's head; but, what was the unkindest cut of all, it was represented that, while we were providing for ourselves, we had neglected to provide for the widow. the orphan, the wounded soldier, the discharge of the national debt, the volunteer who had lost his arms or his horse in the public service, and other claimants; that we had been loading the people with heavy taxes, when the session was taken up in reducing and repealing the taxes. Whatever may be the opinion of others, I will hazard the assertion that no Congress, since the peace of '83, has greater claims upon the confidence and affec tions of the people; and by their acts they shall be judged. Has the volunteer lost his only horse, this Congress has made provision to pay him; has the faithful soldier arrearages of pay due him, the last session made ample appropriations. Does the wounded, bleeding invalid present himself as indigent, and unable to procure his living by labor, he is placed upon the pension list; has the widow lost her husband, at the plains of Raisin or elsewhere, while in the service of the United States, the balm of consolation is administered to the bleeding heart in the five years' half-pay; and, if particular cases should be omitted, we are bound to pursue the example we have set ourselves; and if in any case we have made inadequate provision, the power is in our own hands.

Mr. JOHNSON then submitted the following resolution:

Resolved, That a committee be appointed to inquire into the expediency of repealing or modifying the late act of Congress, changing the mode of compensation to the members of Congress; with leave to report by

bill or otherwise.

DECEMBER, 1816.

Mr. WHITESIDE presented a petition of Mary Coles, who states that she has lost two husbands and one son in the military service of the United States, and that she is now poor and infirm; and praying to be supported at the public expense.— Referred to the Committee on Pensions and Revolutionary Claims.

The SPEAKER presented sundry documents transmitted to him by Rufus Easton, in relation to the election and return of JOHN SCOTT, as the Delegate in this House from the Territory of Missouri; which were referred to the Committee of Elections.

Mr. WILLIAMS, of North Carolina, submitted the following resolution for consideration:

Resolved, That a committee be appointed to inquire into the decisions of Richard Bland Lee, Esq., Commissioner appointed under the act of Congress, entitled "An act 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," passed the 9th of April, 1816.

Resolved further, That the said committee have leave to send for persons and papers.

Mr. WEBSTER expressed some surprise at a motion to inquire into the decisions of an officer invested with the powers and discretion of a judge, and which implied impropriety in the conduct of the officer. At least he conceived the motion to be rather hasty, and thought it would be better to decline its immediate consideration. He therefore moved that the resolution for the present be laid on the table.

Mr. WILLIAMS assented to the wishes of Mr. WEBSTER, and the resolution was accordingly ordered to lie on the table.

On motion of Mr. LOWNDES, the Committee of Ways and Means were instructed to inquire into the expediency of amending the act, entitled "An act to regulate the duties on imports and tonnage," so far as relates to the duty on tonnage.

The House went into the election of a Chaplain to Congress for the present session. On counting the ballots, it appeared that there were for the Rev. Burgess Allison 75, Walter Addison 40, and scattering 4.

Mr. ALLISON was consequently declared duly elected.

FRIDAY, December 6.

Mr. DESHA intimated, that when this subject should be fully before the House, there would be more to be said about it; and, as the House had refused yesterday even to consider it, he required the yeas and nays on the question of consideration. A sufficient number not rising to support the call for the yeas and nays, they were not called. The question on consideration was determined in the affirmative, without a division; and the resolution itself was agreed to without a division; and Mr. JOHNSON of Kentucky, Mr. FINDLEY, Mr. WEBSTER, Mr. BASSETT, Mr. PITKIN, Mr.tucky Abolition Society, praying for an allotThe SPEAKER presented a petition of the KenCADY, and Mr. REYNOLDS, were appointed the ment of public lands for free persons of color.

said committee.

THURSDAY, December 5.

Four other members, to wit: from Rhode Island, JOHN L. Boss; from Vermont, LUTHER JEWETT; from Virginia, JAMES JOHNSON; and from Ohio, WILLIAM CREIGHTON, jun., appeared and took their seats.

Three other members, to wit: from Massachusetts, ELIJAH H. MILLS; from Pennsylvania, JOHN Russ; and from Delaware, THOMAS COUPER, appeared and took their seats.

Referred to the Committee on Public Lands.

Mr. JOHNSON, of Kentucky, presented a petition of Rufus Easton, complaining of the undue election and return of JOHN SCOTT, as the Delegate in this House for the Territory of Missouri, and praying to be admitted to a seat in the place of the said JOHN SCOTT.-Referred to the Ĉommittee of Elections.

DECEMBER, 1816.

Relief of Officers-Commissioner of Claims.

H. or 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 remarks 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.

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.

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 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

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