The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-23

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Mr. RUsK appreAenled that if the honorable senator,
with all his high notions had been prisoner in Mexico
he would have gladly paid $500 to get away and
that he would have acted just Rogers had done.
This young got into that position by serving his
country faithfully He drew this money in order TO
bride the officers and make his escape back 10 the army
and continue TO his country His father is poor,
though worthy and honest man, and will pay the last
dollar. believe II is the duty OF the United States TO
pay hun, and save him from impoyerlshment.
Tending division on the question OF ordering The
bill to a third reading
Mr. RUSK moved that the further consideration of the
Dill De postponed until Tomorrow; which agreed to-
ABRAHAM EDWARDS.
The Senate as in committee of the whole, proceeded
to the consideration OF the bill to provide for the final
settlement OF the accounts OF Abraham Edwards, regis
ter of the land Office at Kalamazoo Michigan; and no
amendment beng offered, IT reported TO the Senate
ordered to be engrossed real third time, and passed
WILLIAM LEE.
The Senate as in committee of the whole proceeded
to the consideration OF the bill for the relief of William
Lee.
Mr.. KING called for the reading of the report
Mr.. ATCHlSON would state briefly the facts upon
which the bill was founded There had been a clerk in
the employment of the superintendent OF Indian affairs
at Detroit until within few The Commissioner OF
Indian Affairs had come the conclusion that there was
no law authorizing the employment of that clerk He
was however, continued in the employment of the
perintendenl up to the time OF his death This appropra
ton asked to pay for services rendered in that de-
payment and which had been heretofore paid of the
contingent fund. The superintendent hal been in the
habit OF employing this clerk, ana his employment was
recognised BY the department.
Mr.. k srGnl a9GMTed fort for the report
Mr. KING said that he opposed TO the bill for he
was not satisfied with the explanation OF the from
Missouri .- t.7
Mr.; FETCH said that he would give his understand
ing of the and he had obtained his information from
the Department OF Indian Affairs The superintendent
OF Indian affairs at Detroit had been authorized,
since the organization OF that office, to employ
ger. BY order Of that department. they were allowed to
n hat m uecps arv
employ an agent to go 10 lake Superior This individual
was employed for that purpose and for his services in
gong to that part OF the country he allowed 10
ceive extra pay. He was receive IS day. his pay
as messenger csasng for that time, Inning however, the
whole amount to $500 year These were the circun.
stances under which the services were performed The
employment of such officer had been recognised by
the department over and again. This individual
had been employed for some eight years. long
before the present superintendent into office The
question had arlsen under the statute which prohibited
The person from receiving pay capacities at
the same time. whether this man could receive pay in
both capacities 1t was upon this ground that when the
accounts were examined, the clause stricken out,
which made the allowance more than $500 The conse
quence was that it was impossible to obtain suitable per-
to fill that responsible Office Large sums of money
frequently to pass through the hands of this officer
and his station was one OF very considerable labor par
tculary since the sub-agencies had been abolished.
The superintendent applied for the whole amount but
was stricken out without any notice TO him. He applied
to the department TO allow it, and the Commissioner OF
Indian Affairs did allow il, but in the supervision oil
his accounts it was stricken out
MIR. f. then asked for the reading of certain communi
cations upon the subject for further information.
The communications were accordingly read.
Mr.. PHELPS said that the claim seemed him TO come
within class OF which had frequently occupied the
attention OF Congress-the employment in several of the
departments of assistants not authorized by law He I'M
derstood that it the opinion of the Attorney General
that in this case the employment of any clerk I'M
authorized by law. The question then was, whether
ment of clerks and recording officers, when they had no
legal authority' AS general rule, it was a-mportant
to restrict tins growing Practice BY refusing payment to
persons thus employed There cases in which the
extreme exgency OF the service demanded further as
slstants There were cases of this kind in which the
heal OF one OF the departments or bureaus would be
justified er post fdcf0, because of the necessity of the
case. Cases might occur under the existing laws in
which he should himself be willing to Justify the
But in this case he saw satisfactory for the
communications which had been read, or the state
nents which had been made for departing from the rule
Under those circumstances he should be compelled to
vote against the claim, because he satisfied that this
exercise of illegal power by the department I'M
der such circumstances as would require Congress 10
employment in the capacity of messenger, then what
reason could be assigned to justify the department in
tanscendng the law in particulars He should
The bill was then reported to the Senate, and the
amendment was concurred in.
The question being put upon the engrossment of the
bill, on division, the ayes were IA, noes II.
SO the bill was rejected
REGINALD, ALIAS NICK HILLARY
The Senate, as in committee of the whole, proceeded
to the consideration OF tho bill for the relief of the heirs
and legal representatives OF Reginald, alias Nick Hillary
An adverse report having been made in this case,
Mr. KING moved that its further consideration be post
poned indefinitely; which was agreed to-
NEHEMIAH BRUSH
The Senate, as in committee of the whole, proceeded
to the consideration Of the bill for the relief of Eugene
Van Mesa and John NJ Brush, executors of Nehemiah
Brush and amendment being offered the bill was re-
ported to the Senate, ordered be engrossed for
third reading, read a third time, and passed
HUMPHREYS,
The Senate, as in committee OF The whole, proceeded
to the consideration of the bill for the relief of Cad Hum
phreys,
Mr.. KING remarked that thus far the Senate had been
very particular about passing bills without examination
property destroyed. lest it should fall into the hands
OF the enemy, and become useful to them. He would
inquire in this what benefit they would derive from
this building. Indians were not the habit of hiding
themselves behind wooden walls they generally hid
behind trees and bushes. He would be glad to have
examination given to the subject, because princi-
pies established would be brought up hereafter
He wished to know whether the property DESTROYED by
the order OF the commanding officer for which payment
was asked in this case was OF description which, if it
had fallen into tho hands of the enemy might be used
against the United States.
Mr.. UNDERWOOD said that the precedent had alrea-
dy been settled, although against his protest If the Sen
ed it would no, be worth while for him to quarrel with
the decision. =. ss
Mr. KING inquired whether this building contained
stores which would be beneficial to the Indians
Mr. UNDERWOOD replied that it did not But in a
former case, buildings had boon paid for under similar
circumstances
Mr., KING would inquire Of the gentleman whether the
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