164 



CONGRESS, UNITED STATES. 



Joseph B. Hawley, Hays, John "W. Hazleton, Hern- 

 don, E. Bockwood Hoar, George F. Hoar, Hoskins, 

 Houghton, Howe, Hubbell, Hunton, Hurlbut, Kelley, 

 Kellogg, Lamar, Lamport, Lansing, Leach, Lofland, 

 Lowe, Lowndes, Lynch, Magee, McCrary, Alexan- 

 der S. McDill, McJunkin, McLean, McNulta, Hel- 

 lish, Merriam, Milliken, Mills, Meyers, Negley, Nes- 

 rnith, Nunn, O'Brien, O'Neill, Packard, Page, Isaac 

 C. Parker, Parsons, Pelham. Pendleton. Phelps, 

 Phillips, James H. Platt, Jr., Thomas C. Platt, Eai- 

 ney, Bandall, Eansier, Kawls, Eay, Eice, Eichmoud, 

 Ellis H. Roberts, Eoss, Sawyer, John G. Schumaker, 

 Henry J. Scudder, Isaac W. Scudder, Sener, Shanks, 

 Sheldon, Sherwood, Sloss, Smart, A. Herr Smith, 

 George L. Smith, H. Boardman Smith, John Q. 

 Smith, Snyder, Stanard, Standeford, Storm, StowelJ, 

 Strawbridge, Swann, Sypher, Taylor, Thomas, 

 Thornburgh, Townsend, Tremain. Vance, "Waddell, 

 Waldron, Wallace, Jasper D. Ward. Marcus L. Ward, 

 Wheeler, White, Whitehead, John M. S. Williams, 

 William Willams, Willie, EphraimK. Wilson, Wood, 

 and Woodford 158. 



NAYS Messrs. Albright. Arthur, Banning, Bar- 

 ber, Berry, Blount, Bromberg, Brown, Buckner, 

 Bundy, Burleigh, Burrows, Caldwell, Cason, John 

 K. Clark, Jr., Clymer, Coburn, Conger, Corwin, Cot- 

 ton, Cox, Crittenden, Curtis, Danford, Uawes, Don- 

 nan, Dunnell, Eames, Eden, Fort, Foster, Frye, 

 Gooch, Gunckel, Eugene Hale, John T. Harris, 

 Hatcher, Gerry W. llazelton, Hendee, Holman, 

 Hunter, Hyde, Hynes, Jewett, Kasson, Knapp, Law- 

 rence, Lawson, Luttrell, Marshall, Martin, Maynard, 

 James W. McUill, McDougall, Monroe. Moore, Mor- 

 rison, Neal, Niblack, Niles, Orr, Orth, Packer, Hosea 

 W. Parker, Perry. Pierce, Pike, Poland, Potter, 

 Pratt, Bead, Bobbins. William E. Boberts, James 

 W. Robinson, Busk, Henry B. Sayler, Milton Sayler, 

 Scofleld, Sessions, Lazarus D. Shoemaker, Small, 

 J. Amber Smith, Southard, Speer, Sprague, Stark- 



Williams, James Wilson, Jeremiah M. Wilson, 

 Wolfe, Wood worth, John D. Young, and Pierce M. 

 B. Young 104. 



NOT VOTING Messrs. Barnum, Bland, Freeman 

 Clarke, Dobbins, Hereford, Hersey, Hooper, Ken- 

 dall, Killinger, Lamison, Lewis, Loiighridge, McKee, 

 Mitchell, Morey, Purman, Rapier, James C. Robin- 

 son, Sheats, William A. Smith, Stephens, St. John, 

 and Walls 23. 



So the bill, as amended, was ordered to be 

 engrossed and read the third time. 



The question was put upon the passage of 

 the bill, and on a division, there were yeas 

 122, nays 74. 



So the bill was passed. 



In the Senate, on January 5, 1874, the bill 

 of the House was considered. The Committee 

 of Civil Service reported in favor of striking 

 out the three sections of the bill and inserting 

 in lieu thereof the following : 



That so much of the act of March 3, 1873, entitled 

 " An act making appropriations for legislative, exec- 

 utive, and judicial expenses of the Government for 

 the year ending June 30, 1874," as provides for the 

 increase of the compensation of members of Con- 

 gress and Delegates, and the several officers and em- 

 ploye's of either House of Congress, or both, be and 

 the same is: hereby repealed^ and the salaries and 

 compensation of all said persons shall be as fixed by 

 the laws in force at the time of the passage of said 

 act. 



SECTION 2. That the compensation of the seveTal 

 heads of Departments shall be each $8,000 per annum. 



The amendment to the amendment offered 

 by Mr. Pratt, of Indiana, was to insert at the 

 end of line 10 of the amendment of the com- 

 mittee the following : 



Provided, however, That the Senators, Bepresenta- 

 tives, and Delegates of the Forty-third Congress who 

 have received their compensation since the 4th day 

 of March, 1873, at the rate of $7,500 per year, in ac- 

 cordance with the act of March 3, 1873, shall here- 

 after be paid only such monthly installments as shall, 

 in the aggregate, make their compensation for the 

 whole Congress equal to the sum of $5,000 per year, 

 exclusive of mileage allowances. 



Mr. Logan, of Illinois, said : " Mr. President, 

 I should like to ask the Senator from Indiana a 

 question, inasmuch as he is reputed to be a very 

 fine lawyer, and doubtless is. He is aware of 

 the provision of the Constitution which declares 

 that Senators and Eepresentatives shall receive 

 a compensation for their services, to be ascer- 

 tained by law and paid out of the Treasury of 

 the United States. "When that compensation 

 is ascertained by law and paid out of the Treas- 

 ury of the United States, has this Congress any 

 power to reclaim it or require them to pay any 

 portion of it back? " 



Mr. Pratt, of Indiana, said : " I suppose that 

 we have the control of this question during the 

 entire term of Congress ; that we could provide 

 now that those who had received the limit of 

 $5,000 should receive nothing further for their 

 services during the residue of this Congress. I 

 suppose we could dispense with the salary en- 

 tirely if we thought proper. But this bill with 

 my amendment makes the compensation pre- 

 cisely equal for all $5,000 apiece." 



Mr. Logan : " Now, Mr. President, the Sen- 

 ator says that he supposes that we could abol- 

 ish the salary entirely. That is very probably 

 true ; but that is not the question. I put the 

 question to him whether this Congress has any 

 power to reclaim a salary that has been paid 

 out of the Treasury to a member of Congress, 

 under a law which has fixed such salary ? Is 

 there any difference between doing that direct- 

 ly and providing that a Senator or member of 

 Congress shall have his future salary reduced 

 by debiting against it that which he has drawn 

 before, under the law ? Is not that a taking 

 back part of that which he has drawn under 

 the law, when the Constitution expressly pro- 

 vides that his compensation shall be fixed by 

 law and paid out of the Treasury of the United 

 States ? This is the compensation fixed by 

 law, and it has been paid out of the Treasury 

 of the United States, and you have no power 

 to touch it any more than you have any other 

 of his private property ; and, as a lawyer, it 

 seems to me that the Senator from Indiana will 

 so say." 



Mr. Pratt : " It seems to me that that ques- 

 tion does not arise here. It could only arise in 

 case the whole $5,000 provided by this bill as 

 compensation for each member of Congress had 

 been in fact already paid, and, more than that, 

 had been paid and an attempt was made to re- 

 call it. Such is not the case here. No one has 



