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FROM THE HON. WILLIAM M. GWIN, IN RELATION TO HIS MILEAGE. 



Submitted to the President of the Senate pro tempore. 



ASBURY DICKENS, Secretary of the Senate. 



Senate Chamber, March " 1851. 

 AsBURY Dickens, Esq., 



Secretary of the Senate. 

 Sir : — In my letter to you of the 30th September last, in relation to my 

 mileage as a Senator, I stated the distance, in conformity with the provi- 

 sion of the act of 20th September, ISoO, to be five thousand and ten miles 

 coming, and the same returning. That act, however, being only a tem- 

 porary one, and operative only upon the then session, no longer applies to 

 the subject ; and I now request you to state my mileage at six thousand 

 eight hundred and fifty-three miles from my place of residence in Califor- 

 nia, to Washington, and the same returning, in c(?nformity with the act of 

 22d January, 1818. This is strictly in accordance with the unanimous 

 decision of the committee on mileage of the House of Representatives, in 

 fixing the mileage of the Representative from my State, at the session 

 just expired. A copy of that decision is appended. 



WM. M. GWIN. 



Washington, D. C., February 27, 1851. 

 To the Members and Senators from California. 



Gentlemen : — I have received your letter of yesterday, requesting my 

 opinion as regards the mileage to which you are entitled by existing laws, 

 for the last and present session of Congress. As to the last session, I 

 think mileage is regulated by the proviso to tbe first section of the act of 

 20th September, 1850, page seventy-two, entitled '^ An act to supply a 

 deficiency in the appropriation for pay and mileage of members of Congress 

 for the present session." 



The appropriating clause as well as the title, apply only during " the 

 present session,"" (1849-50.) To that clause, providing for your mileage 

 at that session, is appended a proviso, limiting the charge under that ap- 

 propriation, to a computation according to " the most usual travelling 

 route within the limits of the United States." I feel, therefore, constrained 

 to say, that your mileage, in my judgment, at the last session, must be 

 governed by that proviso. 



As to your mileage at this session, until otherwise provided by law% I 

 think it is governed by the act of January 22, 1818, (3 Stat, at Large, 404.) 

 That act fixes the mileage and per diem of members of Congress by a per- 

 manent law applying in all time to come, until repealed or modified here- 

 after, in relation to old as well as new members, and so universally con- 

 strued. It is entitled " An act allowing compensation to the members of 

 the Senate, members of the House of Representatives of the United States, 

 and to the delegates of the Territories, and repealing all other laws on 

 that subject." 



