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

consented that person should be taken q" hoard whns
scientific knowledge would enable him to perform these
duties which they thought, and which think highly
honorable The only oversight that the President
did not at the next session of Congress- call the attention.
of Congress 10 the subject and ask for the proper appro
prlatlon.
Il Ii is true, there law authorizing such an
officer; But this expedition was to sail Immediately
This high duty upon the government could not be per-
formed unless it should be performed at once We'll,
this scientific gentleman goes out Upon the return of
the frgate the Auditor refuses to allow the purse the
payment he had made until he shows that he had made
this paymen, upon the reiterated order of the captain,
and then he allowed i to him and charged il to the cap
tain Well, sir the object of this bill is not to override
dscredt the decisions of the Auditor What it might
be proper for the Auditor to do in the execution of
the duties Of his Office, il might be very proper for the
Senate to undo.
Well, sir, there another matter in relation to that
charge. to which wish call the attention of the Sem
ate The regulation of the Navy Department u.s. that
objections stated to the captain and after those OBJ
jecticns ude known the order is renewed In the
construction given in the Auditors Office this rule of
the Navy Department is subject to this qualification
If the account is doubtful one if the captain re-
news the order and the purser obeys it, they allow
the payment to the and hold the captain respon
sbe. They do not hold that the purser is at liberty
to pay anything TO anybody, the captain may ask
When, therefore, il was decided that this allowance
against the captain, it was decided by the Auditor that
this was doubtful case otherwise it clear that
it being in accordance with the view of the commanding
officer, and of doubtful exercise of authority in
the Judgment Of the Audorhe allowing the money to
the purser the ground sat it was Doubtful is still
question: whether the Senate should permit this money
| to he paid to Perciva or not.
The senator from Ohio says that if we allow this
claim, officers OF the navy will go out freightng their
ships with men in the public service This was an
avagant hgure not justified by anything in this
that ss s FS.
the of an officer taken hoard for purposes which
they thought legitimate; and what was the result? Why.
sir, as learn from my honorable friend from Maryland
who is not IN his seat this naturalist brought back boxes
Of specimens in natural history, which have been re-
y HS The IS @s
shall make Captain Percival pay The person Who
had collected these for the benefit of the government
Why, Sir, it seems TO precisely such case as if
servant should, his own responsibility and without
authority order bouquet from florist as il for his master,
and perhaps present it to some one and when the
ter called upon by the florist for pay he should reply,
The purchase was made without my authority-you
be dshoa5e for Individuals, i cannot be highly credit
able for the government to say So far as the payment of
the money is concerned we will repudlae the transac
lon but so far as receiving the specimens is concerned
Mr. DAVIS of Massachusetts, There seems to be
some little confusion with regard to the authority OF
Captain Percival in this matter wish to ask the atten
ton OF the Senate to this view of the subject especially
as the senator from Connecticut thinks that this is only
question OF permission. will read from letter of Cap
tain Percva to Commodore Warrington. The letter is
dated March 7, 1874:
sn. In conversation with the President this morning.
ance OF having naturalist upon such cruise YOU
sboa, to msks After moments con I pies
ton had none and authorized say you that you
might make such an sppointmenf you thought proper
Now, here is the letter from Commodore Warrington,
dated March -, 1874:
IKE G e.. as S asking for
tended cruise natnraIi,t. to be allowed the Of chap
lain find there is some difficulty in this matter, the
law limits the number OF officers be employed, and
the suggestion of the President you may Mr. Chandler
on board of the Consuton and when you get direct
b
The good of the Service for which he receive the
pay as the law allows TO chapians.
Now, sir. tseems that there be misapprehen-
sion as TO the spirit and intention OF these papers
to give the authority Of the department. and only the
authority but the direct sanction of the department, the
taking of this person board and specifying the amount
of money which he was TO be paid out OF the public
sir this is not the exact language OF an orders but in its
spirit it is the thing 1t is direction to do it, and
direction by reason OF suggestion which came from
the Executive department OF the United States think
the matter is entirely clear and free from all difficulties.
One word with regard TO the paper which has been vol
uneeed from the Fourth AUDITORS office, and read as
justification OF the course pursued by that officer. do
not know how that letter came into this chamber.
Mr.. ALLEN. brought it here sir
MIR. DAVIS. Undoubtedly, sir. | take It for granted
that applied for by the senator from Ohio, and was
obtained at his request.
But what is the general character OF this bill Why.
is simply what any public officer would offer for the
consideration of the Senate under like circumstances
He had decided against Captain Percval and it was his
attempt to justify his conduct.
And now desire that the Senate should direct its at
tenton to the exact point upon which he places this JUS
Gfcaon Ii understood the terms of that paper right,
If heard the specification OF the argument and under
stood correctly this exactly the position upon which
he placed himsef-hat Captain Percva was the prin-
cipal instrument of this mans being taken out to sea,
and for that reason he ought to suffer He Jushes the
purse he has pursued and visits the conse
qnences upon the captain. Well, on what ground! On
the ground that the puser bound TO obey the orders
Of the captain. which were reiterated! Now, sir pursue
that doctrine step further and how applies. ask
you sir and ask the honorable members of this body If
the purser was bound obey the orders of the captain,
whether the captain bound to obey the orders OF the
Secretary Of the Navy and whether the reason for one
position is not strong it is for the other! Here
order emanating from the proper authorities to take
this individual to and prescribe the amount OF pay
which he should receive-aR order that is unequvo-
cal in its terms. WE'LL then, sir. il the order Of the
captain justhes the purser In the step taken by
him. think it very clear that the order of the Secre
ary of the Navy would have justified the Fourth Au-
ditor But upon the ground assumed by the gentleman.
if to visit the consequences of what is deemed
be illegal order, then 60 TO the highest authority,
and hold him responsible; visit it upon the Secretary
upon the head OF the department, where it belongs
This Individual, Mr. President when out at sea, per-
formed his duties in manner satisfactory to everybody
He made large collections of seeds and of natural cuosi-
ties; he obtained eleven boxes OF minerals which
sent to this government and taken into its possession
Now, large portion of these seeds distributed
through this very Senate Members have the property in
their possession and now is proposed on doubtful
question, to visit upon the head of Captain Perciva the
violation OF law in taking the man on board Sir, am
results OF this description II there be iaut any
where, that fault is not in Captain Percivai II ne
had done this by his own arbitrary Wilt ne mad
acted on his own udgment-then there would have been