The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-07
CONGRESSIONAL.
DESEnnED DEBATE.
TUESDAY, FEBRUARY %. 1851,



v,s Senate. AS in committee OF the whole, proceeded
ihs consideration OF the " bill in addition to and
J.tory OF an act entitled An acl 10 provide for the
IuIsmen OF the accounts OF public officers and others
ho NAV have received money arising from military
&,huions or otherwise in Mexico" approved March s.
wr PEARcE | understand that an amendment is to
offered by the senalo: from California Before he Of
- h desire briefly to explain 10 the Senate the pro-
6.ons Of the bill On the 81 Of March, lsA9 Congress
[ssed an sct providing Tor the settlement OF the
nn,s OF the public officers and Others who may have
(ceived moneys arising from military contributions
Ss,wi.e in Mexico" The various sections Of that bill
ovde how moneys raised from military contributions
sl be accounted for, and that officers refusing neg
cing 10 account for the moneys shall be proceeded
ainst By that bill certain compensation allowed
the officers in which respect the bill now before the
5enste differs from thai act by providing compensation
scsrtained another mode 1t provides also how the
OF The expenses OF the ocers shall be rendered
IKE bill now before the Senate applies the provision.
lha. act " noxab* y aiaAas Aakp. ssaeessie
,e conclusion OF peace between Mexico and The United
,a,es and makes additional provisions for The
ompensa,ion Of those who may have received these
boneys Ii also allows certain disbursements of these
oneys which have been expended without due author
" Of law Al the close OF the war, the military contr
ons which had been enforced by the authority of the
esident as commander chief could no longer, as he
bought, be demanded, They ceased. therefore, with
Fan Francisco bringing large and valuable cargoes San
francisco not then within the limits OF any colec
on district in the United States and OF course there was
10 collector here and, properly speaking, no foreign
or violation Of the revenue laws OF the United States
Which prescribed that importations should be entered
INTO the United States only within collection districts,
nder the rules prescribed BY the ac. Of i1ss When
koes the proper would have been for them to
Comply strictly with the law, 10 60 to Oregon, where
here was collection district. or 10 some other port Of
kny and there enter the goods and from that place hey
hight have taken them to San Francisco and unladed
kbem for consumption. II would have been very ncon-
ksnent and very expensive for them 10 have done
Indeed, in most cases il would have been impossible;
(o the vessels arrived at San Francisco the
crews deserted their ships and went TO ihe mines.
Under these circumstances, the military authorities
there took upon themselves the responsibility or the
whom they were conslgnedJ OF receiving dutes which
Phe parties had no right to pay, and which the officers,
therefore, had no right 10 receive This was benefit to
he merchant and 10 his agent The moneys thus received
oud not be paid into the treasury OF the United States
o they were received without authority Of law They
have remained, therefore, in the hands OF those who col
sced hem except 20 Tar as they may have been applied
without authority OF law to military and naval purposes
bud other objects not known to the law The Committee
n Finance have bad great deal OF trouble to get at the
items but understand that, in point OF fact, and
baL million Of dollars Of this fund have been expended
without authority One hundred and seventyfve thou
aud dollars were applied 70 the support of the civil gov
krnmeat Of CaliioInachiefy, believe, 10 deray the
expenses OF the convention to frame constitution. One
immig migrants-chefy overland immigrants without
authority OF law One million hundred and twenty
Five thousand dollars applied to the military
large portion OF IT, believe. to the quar,ermasters de-
artment and hundred thousand dollars were turned
over to officers Of the navy How employed. how
|t expended, do not know nor do | know how
much more than this sum of one million FIVE hundred
Thousand dollars has been received there Certainly a
barge amount has been received. II our duly to pro.
wide mode OF accounting for and bringing into the
Treasury Of the United States the whole Of the money
balance which may remain after allowing such items
~ Congress- may think proper 10 allow.
The act Of 81 March, lS49, the provisions OF which
,re adopted by this BILL Tar they are applicable 10
this provided that when there had been expendi
or and when certified to the Secretary Of the Treasury
BY the Secretary OF War; in the manner prescribed by the
act, they should be allowed. The rule adopted
with regard 10 the navy This bill applies TO this
moneys received from military contrbutions and il also
authorizes the allow of the hundred and seventy
hive thousand dollars expended Tor the support OF civil
government and the one hundred thousand dollars
pended Tor the relief OF immigrants. upon proper vouch
en 10 be furnished 10 the Secretary OF the Treasury.
suppose As these have been expended il would bs
IN vain TO reclaim them and perhaps In justice We ough
not p seek TO reclaim them Congresa, though they did
military way, undoubtedly did not perform their duty
WIN regard 10 civil government II would seem, there
Tore, lar and liberal 10 allow them this sum OF money
large as may aPpear which has been expended ior ths
support OF civil government II would also seem hu.
mane and charitable and proper, although there is
provision OF law TO justify II, TO allow the one hundred
thousand dollars which were expended Tor the relief o
mmSiahh lhe bill provides for allowing these items
!" well ~ the expenditures for The Of the military
and naval departments when ascertaned and certified BY
ne head OF proper department Such the provisions
Mr. GWIN proposed the following as an additional
section TO the bill
"sxc. A~d be IL further ,nocfed. That the funds col
from the date OF the ratification OF tho treaty Of peace
wh Mexico othe twelfth OF November, eighteen hu ndred
when the collector appointed under the act
ohs third Of March eighteen hundred and y.nina,
ea upon The duties Of his office, be paid the State Of
snorns aiter the payments provided for the second
'no 'hd sections Of this act deducted from tho
~ q. said; This provides for the payment of The
xnoe sum collected from customs in California, before
Aet o. ihe 80 OF March went into operation 10 the
oue OF California; and If passes will then o6er
gne secon 10 pay to the State a moneys collected
oel me t o the 81 OF March, 1S4Q up 10 the date o
OF admission into the Union.
me senator IRON Maryland tMr. PEARcE1 says the
merchants OF California would have been forced to 20 TO
u'seon TO enter their goods, il the military government
Iaionia had not established the tariff OF lS46 an they
oua nave violated the laws OF the country by landing
@ sooas at San Francisco. take issue with the SEN
ih., " zoe last proposition and will proceed to show
no aw OF the United States would have been violated
" ne nndng OF goods in California, until by law the
~ s..nae laws were extended there The senator's con-
goods Al all on the Pacific coast, as there no
peace '"s ~ 80 -
~ ooer 10 arrive at correct conclusion in the consd-
suon .. o. this subject, will briefly review the former
Of ,he government in executing the treaties with
Tes and Spain, and the joint revolutions admitting
ino the Union. The treaty with France. csding
.oua.n. TO the United Sates was made during the re-
e.sa ths Senate. Conemporaneousy with the raiih-
NV OF that treaty. Congress passed law authorizing
esmeni to take possession oil the Territories. and
IA dppoM % omcen TO carry on temporary government.
u, unu Congress should provide permanent one. 10
.m,a AZ the military, civil. and Judicial powers that
" omcers under the government OF Spain can exer-