The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-24

VIII oi the Executive, That, IN my OpinioD, Woulu DC
all wrong. The salaries OF the officers oil the govern
meat should moi depend upon the will OF the Executive
but upon the legislative power of the eounty and upon
that alone am, therefore, averse to this Al
The same Time as have before said am quite willing
10 enact portion of this bill into lawhai is, so much
OF il will authorize these officers 10 leave their posts
under permission from the President and that. il seems
10 me, quite far be asked 10 go. and not
change the present law to provide for future contin-
gencies
MIR. GEYER rise for the purpose OF offering some
explanation OF the bill 10 the senator from Wisconsin,
Mr.. WALKERl who appears TO understand It's import
differently from what really s u VIII be seen by rel
erence to the bst section Of the committees amendment,
taken together with the amendment which have the
honor 10 submit that provision IL made only for the pay
men OF The salaries winch have accrued heretofore
they hereafter remain absent from their duties and from
The Territory, the first section OF the commiltee's
amendment will apply to them They mus, have The leave
oil the President OF Uned Siates they must show
his satisfaction that such absence necessary
The design OF my amendment is, without intending TO
pronounce any judgment upon The events which have
which is proposed 10 be repealed, in reference 10 those
officers. And that there is necessity for an amend
men OF iha, kind will appear IRON single sugs sesuon
Every officer who appointed here must necessarily
be absent from the time he Is appointed until the time ne
arrives in the Terrlory--a period OF more than sixty
days II they appointed in the season OF the year. as
believe these officers were, when It is DPractcable to
cross the praes then they will have to be from ninety
10 hunled and twenty days in passing 10 that Ter
riiory after their appointment; and the proviso, as il
stands operates forfeiture OF their entire salary, be-
of this necessary absence from their duties in that
Territory. Now, supposed that The better way OF ad-
nstng this matter would be 10 restore the law so lar as
The past concerned 10 what It was before the pro-
vso enacted. Then the first section OF the COM
miitees amendment will operate hereafter, il passes to
prevent any absence without leave from The President or
without good cause for that absence. The emergency
may arise wien the leave OF the President cannot be OH
the President. the salary should be paid, especially il
there be anything like the emergency which is supposed
to have existed in the OF Utah. If any OF those
officers shall remain from their dulles after the passage
of this than sixty days without leave IRON The
President or without showing good cause 10 The sa!s-
faction OF the President he will forfeit his salary during
The period of his absence That is the extent to which
think the mle ought TO CO. For my own part, happen
to be in the minority upon the Judiciary Committee.
s stated BY h the % senator o from North Carolina Mr BADGER
But il thought better to have provision introduced
upon the statute book-a general provison-which would
secure The presence OF this officer hereafter, and under
crcumsan when the judgment would not be taken
upon them from the fact OF absence, but they might
have An opportunity to present to some o'her puhal
sufficient excuse for thai absence.
/ Mr.. BROOKE. | would ask respectfully, why s
that this exception made against these particular judicial
officers which does not prevail against any shes ocers ~ G
government-judges oil the Supreme Court and district
judges OF the United Saiesare not liable TO forfeiture
OF their salary the event that they fail 10 perform their
dats either IN whole or in part know very we'll that
this circuit judge OF the United States was not IN he ds
tct OF Mssoar and has not been mere iof sli,n
imposed upon him OF he forfeiture OF portion OF ms
salary.
Mr.. BROOKE Well, sir. does no, the constitution ex-
tend project these territorial officers well as the OH
of The United S.ales' If moi, them sir, my inquiry
is answered.
Tue question being taken upon The amendment 10 the
anne ndment, il agreed TO.
| Mr CHASE | now move TO strike out after the
word absence" the remainder OF the section The ef-
feet of this amendment will be TO allow auy officer OF The
Territory absent HIMSELF If he obtains leave from the
President OF the Uniled States, and 10 be paid his larry
1t does not affect at all The provision which has just been
adopted by the Senate but will render necessary for
him obtain the previous assent OF The President before
leaving his court.
The question being taken upon the amendment, il was
rejected
| The amendment, as amended, was then agreed 10.
| No further amendment being offered. the bill was re-
ported 10 the Senate and the amendment made in COM
mittee was concutred in -, ~
MIR ATCHISON inquired whether the bill related TO
all the officers within the limits OF the Territories, or
only 10 those necessary 10 the territorial governments
Mr. GEYER replied that il referred only to the saa-
ries OF the governor. judges, and secretary
Mr. ATCHISON. | have no objection then
The bill then ordered to be engrossea Tor third
reading.
I KoN-ISTERvEsTIoS REVOLUTIONS.
The Senate proceeded 10 the consideration OF the spe-
ca order being the unfinished business o yeserdayihe
resolutions introduced by Mr.. CLARKE reaihrmtng The
doctrine OF non-inervention.
ton is finally disposed Of TO say something npon the sub
ieet, my vie VS. have been little questioned ! am
very indifferent as TO the time. understand lhat the
yesterday does not desire address The Senate upon the
subject, | will to postpone the resolutions until
this day week understand that there two measures
the French spoliaon bill, and the bill OF the senator
from California tMr GwIsl-genemen desire 10 dispose
OF this week. would say, therefore, this day week
and il il is not acceptable TO the Senate any other day
may be fixed upon. The senator from Rhode Island
tMr. CLARKtl suggests the FIRST Monday in Aprl-son-
day week have no objection, and make that motion.
i The motion was agreed to.
THE CALENDAR.
Ia. tha fort tha
improvem. mi of the navigation OF the Upper Mississippi
i MIR GWIN | hope, sir, that the Senate, by gay oil
experiment, will take no the calendar. II Will be the
irs time this session. and hope there will be no oblec-
on adopt that course this morning. by way oil expert
ment aud an opening ! make that motion.
i Mr. BADGER, Gin his seat) A very bad experiment
The motion agreed to, postponing the consideration
of all the special orders
i DRY DOCK AT SAN FRANcIsco.
The Senate accordingly proceeded TO the consideration
OF the bill Is i5) 10 establish navyysTd and depo on
the hay OF San Francisco, in California 10 which of
! BADGER had moved amendment - -,
/ lMr. GWIN addressed the Senate. His remarks VIII
appear hereafter
j AR BRODHEAD Mr. President have a double
purpose in taking the floor for very lew minutes
reply to the remarks made by the senator from CaIloIna
mr. GwiS The other day, as well rs TO day and seeonu
10 reinforce and sustain, by additional facts anu agu
ments the position which assumed the other day, 10
wit that this basin and railway was not only without
hut against the Recommendation Of The department. and
was besides useless and Unnecessary lhe question now
TO be decided is whether we shall ory Tue coast oil
the world The question: snd the only question, before
Ina which attach any importance. and 10 which