The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-26

the past and validity OF the pay
ment OF this money
Mr.. G WIN asked the Senator TO give way to en-
able him to move to lay this subject on the table,
| for the purpose of taking up the California bills
Mr. DAWSON declined giving way for that
| purpose He said that he was not in Congress at
the time the joint resolution passed authorizing
the Secretary Of the Treasury TO settle the claim OF
| the heirs Of George Galpbin. But he would have
voted for it had he been there. He contended the
claim just one, and that the action OF the late
administrator III respect TO II was correct. He
had moved to refer this bill to the Committee the
Judiciary, because of the high character Of that
committee, with a view that they might report to
the Senate whether, even by consent of the defend
ant this suit ought TO be brought. But as II was
desired by the immediate representatives of the
people, and by others, that this suit should be
brought, he would not object to its immediate pas
sage. He would say, with the utmost confidence.
that If this suit brought and the decision Of
the decision OF the court should be adverse to MIR.
Crawford, every cent of the money would be paid
back without a murmur.
MIR. COOPER said there difficulty which
had occurred to him in respect to this joint resou
ton. There was n distinction well established by
American and English decisions between mistakes
Of law and mistakes OF fact. Money paid through
n mistake OF law could not be recovered by suit.
This money might have been paid through mis-
take of law. He had the greatest confidence in
stating that he did not believe MIR. Crawford would
ever enter such plea to this suit but in case OF
his death II Vas possible that such plea might be
entered by his executor. He did not think this
joint resolution framed SO as to prevent this
difficulty and to that extent he considered it de-
| fective.
Mr.. GwIN moved that the joint resolution be
| laid the table. And the motion not
| agreed to.
| MIR. BADG Err addressed the Senate in favor o.
the passage of the joint resolution, and Mr.. BUT
LER in opposition to it, The latter concluded hi.
| remarks by moving that it be laid on the table.
The question being taken, the motion to lay tht
joint resolution on the table was agreed toyeas u
nays 25-as follows
| YEAS.-Messrs Atchison, Benton, Bright, But
Ter, Cass, Chase, Clay, Davis Of Mississippi, Dick
inson, Dodge Of Wisconsin, Dodge OF Iowa, Fetch
Foote, Fremont, Gwn, Hale, Hamlin, Houston
Jones, Norris, Pearce, Rusk, Sebastian, Soue, Stur
| geon, Turney, and Whitcomb--27.
| NAYS.-Messrs. Badger, Baldwin, Barnwel
Bell, Berrien, Clarke, Cooper. Davis OF Massachu
sets, Dawson, Dayton, Ewing, Greene, Hunter
| King, Mason, Morton, Pratt, Seward, Smith
| Spruance, Underwood, Wales, Walker, Winthrop
and Yulee-25.
CALIFORNIA BILLS.
| Mr. GWlN moved and the Senate proceeded L
the consideration of the bill to create certain Coec
ton Districts in California. This bill had, on Fri
day last, been ordered to be engrossed for thir
reading.
Mr. HAMIIN moved to re- consider the vote b
which the bill had been ordered to be engrossed
And the motion was agreed TO.
| The bill was then amended 30 as TO provide 70
six ports Of entry in California, including Sacra
mento city and Stockton, and was again ordere
third time and passed.
: The Senate then proceeded to the considerable
J of the bill making temporary provision for tn
working and discovery of gold mines in California
and for preserving order in the gold mine district
, Mr. FELCH submitted a substitute for the bill
1 which rejected.
The bill was then slightly amended, and We
read third time and passed.
Senate bill to provide for the examination an
settlement of the private land claims OF the Sau
! Ste. Marie, in Michigan, was returned from tn
House with an amendment, which concurre
in by the Senate.
Senate bill to provide for an increase of the com
missariat of the army was returned from the Hous
with an amendment, which concurred in b
} the Senate.
INDIAN APPROPRIATIONS BILL.
! Mr.. PEARCE moved, and the Senate proceeds
TO the consideration of the bill making appropria
tons for the current and contingent expenses c
the Indian department, and for making treatie
with various Indian tribes, for the year endin
June 30, 1851. This bill amended, and wa
still under consideration when the hour arrived 70
taking recess.
The Senate then took until six O'Clock
EVENING SESSION.
The Senate met at six o'clock and proceeded irr
mediatey 10 the consideration Of executive bus
ness; and, at a late hour,
Adjourned.