The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-19

pom Tue SENATE Tue pfOpftty OF dctns upon
because of the urgent of Capt Peciva The
money is honestly due him. and he suffering for The
want OF it; and will be gross act OF lnhumanity TO
withhold IT from him.
Now sir, under what circumstances it charged to
hin Ii hardly necessary for to repeat that II was
lone by order of the Secretary of the Navy This man
was placed on board OF the SHIP ana sen, oy ofJer Oh
ong voyage TO China. and in fact round the word ne
sent in the capacity OF naturalist ou lie asn pei
formed the services OF clerk and chapaiA wen, SIT,
being placed there in these circumstances he received ms
nav from the purser of the ship But when Capt Perez
val returned home and settled his account, there was
SUN of money due To him by tho department. and extra
yas the amount which had been paid to this naturalist
they deducted il from his book and kept 1t IN the treasury
OF the United States Now ask was that dealing fairly
and honorably by gallant officer OF the counry-a man
who has earned every dollar beyond all dispue' Why,
If you consider it wrong the part of the President and
Secretary TO presume to send HIM on board IN the chaac
wrong upon those who perpetrated it. Would IT be be-
coming in this officer TO have undertaken to set himself
up on board that ship IN opposition TO the direction OF the
President and say, IL have received this individual
on board, and will not permit the purseI to pay HIM
the money which is due TO him" What would
have been done with Captain Perciva, II he had
taken that coursel He would have been considered an
arrogant officer, 10 assume responsibility that did not
belong his salionthat OF treating those in superior
stations with indgny. and in manner not becoming to
himself officer Now sir, the case is very PLAIN
one il has passed the House OF Representatives, and
they have decided that the individual is entitled to the
payment He stands in immediate need OF It; and, as
Mr. ALLEN. The merits of Capt Percrva what
they may be, can confer no additional power upon
the Secretary OF the Navy do they impose upon
any obligation TO disregard the habits and practices OF
the government know, sir. there probably has never
been IN the history OF men, an abuse that was not sane
toned seasoned in some way or other by merorous
Ii is saying 10 all abuses, sir, that II they take
the Of merit and address themselves to the SEN
,imept of justice and generosity among men, they may
be tolerated What rs this case About the % OF March,
Capt Percval made application to the President OF the
United States to appoint naturalist, and It was found
that the President had no power to do So Then seems
that the individual who DESTROYS of going natu
rast to China wanted 10 IN government SHIP and he
applied to Captain Percival for permission to 60 with
HIM Having obtained his permission he applied to the
Presidents and suppose the President told him that he
might 90, dreaming OF making HIM an ofcer--an
officer in the navy Then. sir order to get clear of the
dhcul,y--the President having power to make the
appointment of natuaistthey have TO assume another
power, which the law does allow tina, is, TO appoint
chaplain, additional clerk and by nicknamng this nat
uras chaplain clerk the law is thought to be evaded
and we asked to sanction that evasion, in conse
quence of the merits OF the officer OF the navy Had the
Secretary of the Navy authority to appoint new chap
lain! II so, the law fixes the chaplan's compensation,
and the Secretary would have acted according 10 law
Had he authority to create clerk II so the law
fixes has compensation also, aud he would have received
it accordingly. Why does the come here, then
Because there is law for the claim; because here is
money said be taken from the public treasury agans,
law. That is the reason why comes hereto get us
TO justify the act after II Is done There is no other rea
son that can be given for ii--none whatever.
1t may fall hard it is true, upon this individual but
there must be rule laid down, otherwise your ships will
be freghted with Adventures, who will seek Tor pas
sage the world at the public expense all depending
upon the favor they make with the commanders OF
vessels with the heads of the departments II Con-
gcss sanctions this will they not sanction the next
and continue to do until It grows up into asystem
and instead Of the law creating officers. the public treas
uy will be drained to pay for sefaPponled officers APP
plying to us to settle their claims
1t is manifest from the report that this naturalist APP
piled TO the captain TO aboard the vessel and make
trip; and have no doubt if the fact could be sifted
down, it would be found that it was a application
for the passage of this naturalist Free and being OF
science, everybody being disposed to encourage that
class Of men, he obtains free passage and having OBJ
tanned that having got his expenses borne he then de-
sires to make money out OF the lrp.
Mr. JOHNSON OF Maryland desired TO say but word
ident Of the United States or the Secretary of the Navy
If he understood the facts they these: Captain
Perciva suggested the proprety Of employing natu.
rast to attend this expedition. The President of the
probation Of the Secretary of the Navy, and they appoint
ed This particular individual TO act in that capacity SO
that they had the power 10 make this appointment We
cannot suppose that the President Of the United States or
The Secretary q the Navy acted withou, authority
admitted in the report that they had not the authority
Mr. JOHNSON of Maryland Alter the expedition had
started. they found that they had such authority or
they supposed that they Had not The vessel returned,
and Captain Percival was called upon TO settle his &C
counts with the departments and then they charged this
accounwhlch appeared upon the books OF the vessel
against ibis naturast-to Captain Perciva What right
had they to make that charge The proper charge they
had right to make against any indvidualwould have
been against TIL puser If he has expended this money for
the naturalist without authority, he is the who ought
he charged with it. Instead OF that they passed the pur
sers accounts thus sanconng the account OF the natural
st and then ndemnyng the government by taking out
of the captains hands. They might, with as much pro-
pety and justice, have charged TO the gentleman from
Ohio, Mr. ALLEN] and taken it out OF his mileage.
Now the question is whether we will hold, in the treas
ury the pay due TO Captain Percival, upon the ground
that the government under the law, had no right TO pay
it, Without speaking of the merits OF Captain Perclval,
which well known by every one who is at all ac
luanted with the fame of navy it appears to me
plain of justice TO say that Captain Percval shall
not be made 10 discharge the amount of these debts.
Mr.. WESTCOTF inquired whether the purser was at
all bound to pay the naturalist under the order OF Captain
Mr. JOHNSON. | doubt whether he was
Mr.. WESTCOTT cited where purser refused
to pay the express written order of Commodore Hull
He thought it was not right to charge the amount 10
Captain Percval
Mr. JOHNSON agreed with the senator, that there
was authority by which the purser bound to pay
The naturalist Nevertheless the charge had been made
10 the captain, instead OF the puser as II ought to have
been done
Mr.. MILLER rose to read letter from Commodore
Warrington in support of the claim. The letter is in the
following terms:
have received your the 9Th instant, asking
authority take board the Constitution during her
Intended cruise, naturalist, to be allowed the pay Of
chaplain. think there is difficulty In this matter
the suggestion Of the President you may take Mr. Chan
Her. and when you get sea, direct him perform such
tes be deemed for the good of SERVICE
which a1 may receive the same gay
"Capt PERcrvA. 81
No amendment having been offered, the bill was re.