Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. W. SMITH hoped this subject would be taken up, but before it was
entered upon, he wished the Committee of the Whole to be discharged from
the consideration of it, as he found, in a former instance of a similar
kind, the business had been settled in the House. The committee was
accordingly discharged. The House then proceeded to reconsider the bill,
agreeably to the direction of the constitution. The bill was first read,
and then the objections of the PRESIDENT.
The SPEAKER then read the clause in the constitution which directs the
proceedings on such an occasion, and which says, that in case two-thirds
of the House wherein it originated shall be in favor of passing the
bill, it shall be sent to the other, and if two-thirds of that House be
also in favor of it, it shall become a law. The votes of both Houses to
be determined by yeas and nays.
Mr. NICHOLAS said, he meant to vote against the bill, but he did not
wish to stand charged with refusing to pay the men for the time they
were in service. He thought this bill was by no means liable to a charge
of this kind; as it could scarcely be supposed that, at the time they
were making a voluntary gift of $100 to every officer discharged, the
Legislature meant to defraud the men of their pay.
Mr. W. SMITH did not see any necessity for the observations of the
gentleman from Virginia. There was nothing in the Message of the
PRESIDENT which charged that House with an intention to defraud the men
of their pay. Whatever was the design of gentlemen, this was not the
charge. But certain it was that this would be the result of the bill,
and it would be six weeks or two months before they could be notified
that the act was passed. It was the legal opinion of the Attorney
General, therefore, that they would not be entitled to pay during that
time.
Mr. NICHOLAS was sorry that the gentleman from South Carolina and he did
not think alike on the subject; he thought the objections he had made
were necessary, and he had made them for the purpose stated. He thought
the PRESIDENT ought not to have doubted their willingness to have
allowed the pay in question. He was of opinion the House had given some
extraordinary proofs of their liberality this session; amongst other
proofs of this, they had determined to appropriate money for the
building of a thirty-six gun frigate, which he had caused to be built
without authority. But the pay of these men was so much a point of law,
that he believed the men would have been entitled to pay.
Mr. W. SMITH said, their having agreed to give each of the officers
$100, without mentioning the men, rather went against the gentleman's
conclusion; because, if any thing had been intended to have been given
to them, they would also have been mentioned.
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