The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-05

ss with very happy character. Besides ii il enough
for me % know thai me IommIlee on me Judiciary 70
mination have, believe am justified IN saying, come
- uusnimoas conclusion ia favor OF this claim. Now,
INV sstgaled This claim and submitted TO NV
nsiderstion, carries with force which is at least
S;nding unless there other facts, not submitted to
,hsm which may operate upon my Judgment :
In answer 10 the suggestions made by the senator from
Illinois, mir SmELDs,l desire 10 say that, under
stand the matter, and as the papers which upon my
I'm. abundanty show he must have fallen into error
n supposing that civil magistrate, acade, could
hsvs been elected by any body OF people at that time
Ne had TO be appointed by the military power have in
hand The certificate of Commodore Stockton in which
H avs that Mr. Cotton directed to go upon shore by
his order and pursuance Of that order he Sits in Office
and performs the duties assigned to him.: hold in my
hand also, an appointment by General Kearny appoint
inc him to The Office OF acade, which shows conc usiyely
that he not and could not have been elected TO that
oce but was forced upon him by command of his SUI
nsror officers He performed his duties in relation 10 this
matter OF the vessel TO very eminent degree OF Justice
Had he, a clv magistrate OF that country permitted
that property have been sold for $50 OOo-hat being
the highest actual bid made by anybody there--I submit
to the Senate the government would have been well
of by $37 900 as they are nowor BY $50 o00 it will
stand If refund TO him the he received for this
vessel beyond the amount for which il was first sold
The highest actual bid $50 1872 000 but by his
fidelity he enabled to gel bid OF 500. OOO-thus as.
sumng the responsibility il he not to get than
100000 He did get sixty thousand and some hun
bred dollars. all that he asks is that there shalt be re.
funded to him the he received above the highest sum
that offered by any individual, but that to be in
u consideration for his services Again these papers
state expressly that he did not receive iathng for the
discharge of those duties there understand the sena-
from Illinois 10 say that It lucrative office, and
the fees must have been onslderabe Now, proved
that he did not receive arthing He got his regu
lar pay chaplain OF the navy, but that did not equal
hall his expenses. Under these circumstances, shall
vote Tor the claim with great cheerfuness.
bill, and think can be removed by striking all after
the word "cargo7 in the 9th line The difficulty is this;
tons from California that this alcalde while he was
al Monterey made very large grants, al least
grants OF very valuable tracts Of andgrans of land
that very well adapted to military purposes
our officers were erecting fort battery My recol-
lection OF the matter is not sufficient to permit me
TO go into detail at all, do know whether it is
founded upon perfectly accurate authority. My impress
sion is. that lhave from report of Captain Allen But
ecollect very well to have of that kind
And the grants made by him while alcalde con-
sdered by many persons abuse OF authority Now,
these grants have nothing to do with the provision grant
ing him this compensation II you strike ont all after
slcade or civil magistrate, and do not sanction these
grants want to make no charge or intmaton against
him want to leave it in that clean condition. that
Mr. BRADBURY. That is the motion pending. to
strike out all after the word cago, in order that we
might not u any degree sanction any of his other acts
Mr. EWING. That is perfectly right | did not hear
Mr. WHlTCOMB am not satisfied tina, this claim
ought be allowed The gwen by the honorable
senator from South Carolina Mr.. BUTLERl does no,
strike very cogent one. understand the
principle laid down by him TO be this, that TO al
low to officer the amount Of money that he has saved
the government In the position In which he has been
placed.
Mr. BRADBURY It'll only to allow in the case that
il mentioned in the bill.
Mr. WHITCOMB Mr.. President that money was
either Mr. Coon's 1t was The money OF the United
States think there is third person who makes
claim TO it. If it had been the money of Mr. Cotton.
apprehend he would have put i in his pocket as he had
undoubed right to do II it was the money of the
United States, apprehend he did nothing but his duty
in handing il over to the proper funconares. do not
understand tina, man is TO be rewarded for doing his
duty. Now, this man saved something to his govern
men and be has raked up this very tem and here
and asks 10 be allowed the amount that he has saved
hnkh we allow this principle IN this and carry 1t
out in others, the treasury will soon become bankrupt,
if we have faithful officers who save VIVA, they can Tor
the government
Now think thata part Of the reason of the honora.
bic senator from Maine, Mr. HAMLIN who last address
ed the Senate favor OF this bill he has with his usual
rankness revealed II is that this gentleman is person
Of very pleasing and agreeable gentleman in
every sense of the word do not know why he men
honed that unless for the purpose OF satisfying that
was an operating influence upon his mind Now, If he
did not happen 10 be OF these agreeable manners
and department. and yet had done his duty strictly sup
pose there would have been less for allowing
this claim the mind OF the honorable senator, though
not IN my own. The question is simply whether this
person has discharged duty for which he not paid
his character otherwise than officer.
Now SIR, have not heard the argument of the honor
able senator from Illinois answered yet He put II FORTH
a. thought, with great deal Of force In the anoma
loos condition OF newly acquired Territores when
they were subjected TO military occupation, many OF
military officers had TO perform civil duties, alcaldes
magistrates, &c: and yet we have never heard OF any
claims brought forward for services Of that kind Why,
~, they often had 10 discharge their customary military
duties, but they had also TO discharge civil duties, and
decide numerous OF litigation. Ii we introduce The
principle m this of paying these gentlemen, Il am
willing to accord to this Mr. Cotton everything that has
been aid in his favor il will open the door and estab
sh precedent apprehend, for daugh upon the trea
fy lar greater than anticipate do not see how
be occupies position different from other officers He
drew ms regular pay chaplain in the navy all this time.
ms expenses may have been great, Tor aught know
ui bow can you distinguish the one case from the othe'
PROFESSIONALLY he not compelled TO accept that Of
nee We told that there an appointment--there
was read here from Commodore Stockton and Gen.
keamy. Now, cannot see, if he was unwilling to ae-
cept ibis Office, after having derived his commission in
NE regular line Of his duty chaplain from the Presi
Gent OF the United States how he could be compelled to
ysca'e that commission and take an ONCE not to ms
liking do not that that proposition that any per-
son can agree do not think, therefore, any damage
mas been done to this gentleman against his will.
Mt HAMLIN. II the senator from Indiana under
ood me to that in favor OF the passage OF this
oln because had made ihe'acquainance OF Mr. Cotton,
sno found him TO be gentleman, he misunderstood me.
SAID no such thing and trust the Senate did not an
uefs,and me SAID that was induced to speak upon
this bill on account of this acquaintance. II from
mar acquaintance that was led investigate the subject
ee 70 ,he investigation but placed my advocacy OF
we p hst upon the report OF the Committee on the Ju.
diciary which was unanimously made and secondly,
upon toe investigation had made mysef II il il an OBJ
yeetvh W ,ne p that ne IA genteman--a OF the