The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-26

by the Judges OF the courts That constitution
but here IS new appointing started up and 10 h
branch of public service that s-least under the dominic
OF law, because most remote from the inspection OF law
captain can take any man aboard and order the pun
ser 10 pay him
The gentleman says if anybody ought 10 lose it shoul
be the purser. say that the purser did all he could d
by law 1t IS IN behalf of the purser that the aIgumen
is good that he would have committed act of nsub
ordination by further disputng the orders OF the captain
He would have been guilty of mutiny. Il is in his be
half that the argument urged for Capt Percival applies
and not to Capt Percval because there no MUM
about IT, tie got permission, and took man on board
tie got PERMISSION from power that had right to CIV
II, and he knew it Capt. Percival knew 1.-THE presi
dent knew 1.-THE Navy Department knew -all OF then
knew IT; and you know that the law violated AM
the only question Is whether you will sanction lis viola
ton. That is Inc matter for us to decide. want t.
have this precedent fixed now; want to have solemn
decision OF the Senate now; and if the Senate decide t.
pay this demand of Captain Percvas, undertake to say
that every officer commanding at will feel hmsel
not only authorized, but invited to take many of hi
friends board ,and pay them out OF the public chest
as he thinks proper. Who can blame them sir 1t is
matter of tavor-of downright avorism. A captain
having the sole command can crowd the vessel with hi
friends The second lieutenant and other officers cannot
lie has monopoly OF this boon.
But sir, it is such plain and downright inracton o
the constitution of the country sucha fragrant abuse il
hat OF the public service which, from lis distance
from home is least under the provision OF the lawl say
1t IS such nlracon and abuse OF the constitution
and dangerous branch of the public service thai
| will not believe, till see it proved by the ayes and
noes that the Senate of the United States will sanction it.
ALLEN moved TO reconsider this matter | understood
from him that he had additional facts which he
wished to lay before the Senate which might change the
opinions OF senators upon the subject. | have not my
self been able to gather from the papers submitted to the
Senate, that any additional facts have been introduced
going to show that this ella m ought not to be allowed
The communication from the Fourth Auditor seeTs TO
have been rendered for the purpose of iustfyng himself
or rather of defending himself. Now sir. regards
eved that authority of law authorized this payment,
OF course, sir was his duty TO refuse IT. The ground
was this: we doabcd the propriety OF charging this
amonnt to Captain Percival. inasmuch it APP
pears by authofity-by the letter from the Secretary
of the Nayy-that this gentleman called naturalist and
astronomer taken on board tie ship by his authority
and under the authority of the President of the United
States lie was not only taken there, but his amount of
pay also fixed by that order. Now sir, II there be
any authority TO make this payment-and suppose there
at the tlne-l do not that we would act with
poprieiy in charging this amount to Capt Perciva He
acted with great caution and great proprety He sup.
posed, sir that person of this character, as he was
about perform voyage around the world might be of
service to the country but whatever might be his private
opinion, he did not upon that account as the senator
from Ohio has said make the selection and exercise the
power when out OF the sight OF land.
Now sir, in the first place. he applied to the President
in person 10 take this naturalist board and the Pres
dent informed him that he had objection if the Secre;a
rs OF the Navy would consent 10 it, Captain Perciva is
satisfied with this, but writes letter to the Secretary
OF the Navy the Secretary OF the Navy answers his let
ter, and formal manner orders hun 10 take this
on board the ship, and fixes his rate of services
But Mr.. President though the senator from Ohio did
produce any additional facts think it well that
we had motion for reconsideration because, sir, the
hurry of the the other day, all the facts, they
appeared the papers, were not presented to the
Senate undertake 10 say SIR, that Captain Percval
has acted straightforward manly course IN this mat
ter; and that so far from attempting to get around the
law and smuggtu the man on board appears. when
have all the facts of the that the person was EN-
ployeI BY authority that he has rendered valuable
vices to the country, and that report OF those services
has been already made to the department. and the govern
ment has received the benefit OF them thus far without
II appears that Mr. Chandler was appointed on the APP
picaton of Captain Percval by the Secretary of the
Navy and the President, and he put board the
ship officer. AS there is such officer natural
attached to the navy, he put there in lieu OF
chaplain, which the ship had right to have that the
vice had right Under the law for chaplain he
put here with the pay OF chaplain. This gentleman
Mr. Chandler, do not know whether he IS clergyman
or not have been informed that ne was was received
board the ship take the place of chaplain; that
far he concerned, there no additional ex
pense at all.
Upon the arrival of the ship at Rio, Mr. Chandler
sick to be unable TO prosecute the voyage. That
appears plainly from OF the papers Captain Percva
doubtful as whether his authority extended TO the APP
pointing OF another in his place 10 take along with him
for the performance OF the duties that had been done by
Mr. Chandler, writes letter 10 our minister at Rio, (Nlr
Wise) stating the fact to him that MIR. Chandler was
sick, and could prosecute the voyage, and lnquirng
of him if he had right appoint substitute in his
place This shows that he had acted independently of
personal considerations to Mr. Chandler in appointing
him the station which he had been filling, and that
Capt Percval endeavorng TO carry out the object
of the government without regard to the person who
ceived the appointment Mr.. Renhart, American cit
zen, at that time at Rio, engaged in making some
observations in South America, and recommended
to Capt. Perciva. Although he substituted him for a
chaplain at twelve hundred dollars per annum, yet
because he thought his services would not be worth that
un, he gave him another situation at seven hundred
and fifty dollars per annum, thus making a saving TO
the government OF the difference between hundre
and fifty and twelve hundred dollars Under these cir
| cumsances, the voyage was prosecuted Many coun-
tries were visited and his return, Mr.. Remnant made
report of his observations and discoveries and sent
them to the Navy Department. together with some boxes
oil that he had collected which he supposed
might prove of advantage to natural science
MIR NJ here sent letter to the Clerk from the Secre-
tary of the Navy in relation TO the matter, which was
read
Mr. MILLER then proceeded. Mr.. President, the SEN
ate will perceive that this naturalist put board
the ship by the authority of the government and that he
had faithfully discharged the duties he had been called
upon to perform The only question now for the Senate
to determine is, whether they will put their hands into
the pockets OF Captain Perciva. having acted in the
thus rendered under the authority o the President
and Navy Department, and the benefit OF which the
country has already enjoyed
| The senator from ONO talks about breaking the
sttnton but do not what the constitution has to do
with qdestion of this kind If the constitution never
receives any harder blow than this, do not any
danger to it. There is no law the senator says, to
thoze the appointment the part of Captain Perciva
II there law authorizing this appointment, then OF
course Captain Percval would be entitled to emunera
ton These services have been performed in good faith
Tor the government, though there was law author
the time the service rendered.; and il is for the Sen
ate OF the United States to say whether man who per-
'oms services for the country good faith, and under
good authority, shall not receive pay Tor those services