The daily union., 1852-08-17

eas but thai be was able To get deeision
In favor oi he CLAIM When al bEsl il
regarded as among thai class OF doubtful claims bat al
tmateIy, however, decision was rendered 10 favor OF
the officer Subsequent legislation deprived officers Of
that class Of claims Now. will inquire whether this is
not the question presented Whether that money
not used or retained during the litigation with regard
10 The doubtful nature OF the claim. and whether y
could properly be stated that he was not indebted to
the government until that doubtful question was set
lied. as il finally was. By the determination OF the court
And here there would be doubt with regard
the liability Of the cashier OF the bank, who refused
payment to the legal representative OF this deceased
officer OF The money that belonged to that representative
AT any eyentlt this is true view oil the case the repre-
sentative OF the estate has adequate claim against the
bank for Withholding the money. lpesent these views
for the consideration oil The Senate, IN order hat ai
view OF all the circumstances may DC presented 10 lher
Mr.. WALKER oo Saturday called for the yeas and
nays upon The passage Of ihis bill, but y was not WIN
should pass and voted for it, sill desire that should
pass But, sir very singular observation fell from The
senator from Mane with respect to which wish say,a
word Whatever was the difficulty between this indi-
vdual and the government with regard To certain com
missions which he charged that has bearing upon this
case il the individual money OF this which
he deposited in the bank and upon the presumption
of the officers OF the government that II was government
money, they directed to be changed from his name and
credit 10 that OF the governments and SO II remained so
long the litigation continued. That litigation resulted
not only favor Of The individual giving him the amount
which he had charged as commissions bat resulted
also in demonstration of the fact that the government
had used this mans money. In the mean tune he died.
and his widow and family were deprived OF the use oil
the money for ten or twelve years. and now ask this
is just claim upon the government to pay this widow
for the use OF this money OF which she had been de-
priyed Tor this length OF lime! Sir this is one OF those
which, il seems to ought by all means TO be
passed; and called for the yeas and nays in order 10
direct the attention OF the Senate at the time TO it. and
that the Senate might know when they were voting that
they were voting Tor q claim involving interest wished
them 10 know what they doing in order that might
Judge what their action would probably be on rome of
the claims which will come up reported by the Commit
DaStrI an ru (Ia
The question being then taken the motion recon-
slider, II was agreed 10.
The question being then taken the passage of the
bill. it was agreed TO.
SUPERINTENDENT OF THE CENSUS
Mr. DOWNS. Mr.. President, rise to make personal
explanation. 6nd, sir that during my absence reference
has been frequently made. and explanations have been
submitted, by honorable members OF this body 10 bill
reported by me from the Judiciary Committeelhe bill
known as The census bill, which has passed both houses
OF Congress- great many explanations have been made.
in order 10 show whom ress the responsibility OF that
amendment. attach no Importance at all to myself.
! reported the amendment, and am responsible tor it
When the question was first mentioned before went
away, thought II OF very little consequence, and not
requiring any explanation. hnd however, on looking
over the report OF the debates in this body that the
has been referred to SO oien and 80 many explanations
have been gven and there seemed TO be such anxiety
to hx the responsibility OF the amendment upon mein
fact. so much was siid unnecessarily, about the
sponsbii,y attaching to it, although really il possesses
no Importance at all, and my name has been much
connected with in these Debates that feel called upon
to make a brief explanation
The matter is really very simple one, and there is
necessity for any msundes anding or any responsibility
at all, as connected with The subject The
OF the case are these when the Committee the judi
cary had thus matter before them communication was
sent from the Secretary of the Interior the committee
addressed to the chairman, which into my hands
as acting chairman in the absence OF the chairman of the
Judiciary Committee, MIR BUTLER Ii stated that
difficulty had arisen to the amount of pay which the
person acting superintendent of the and
tay OF the census beard Justly entitled TO- and he
Shedt n bav in alatu that
effect The letter also stated that up to certain time
this indivd had been paid the OF $1,000 year.
and that be thought he ought 10 be paid The same amount
in futures but in order to all doubt upon the sub
ject he suggested that provision be made in this
bill with regard TO The matter.
have before me here the letter of the Secretary OF The
Interior to that effects and 10 show clearly the whole
state OF the case, have statement from the Secretary
oil the Interior giving the whole circumstances As il
explains the matter more fully than could do will
Tead IL is letter written by the Secretary of the ne
ror, dated Washington, July 80, 1852. and addressed
Mr. Kennedy, superintendent OF the census, as follows
WARRINGTON, July %, 1852.
S Ihave received your letter OF this morning. which
refer to the proceedings of tue Senate yesterday and
request furnish you statement Of such facts as am
salary In reply have TO state that when took charge
Of this IN S.piember 1850 found you recelv1
believe without objection. for months Then learned
that objections raised TO your receiving more than
the Census Board had ceased and from that you
We're 10 be regarded merely as experimenting clerk
n
the subject bIought before officially; and
animation the law, was of tbs opinion that you
Justly entitled 50 900 long the Census Board
qured your services and that whsn your functions
secretary that board ceased, you would draw sal
ary experimenting clerk the of $4,000 per
mum.
Ia pursuance OF this opinion, addressed noe to the
dsbursng agent, instructing him allow ia your
double capacity of secretary Of the Census Board and
perniending clerk salary OF $1,000. copy OF that
Is here with enclosed, (No. ID
Thus the mater stood anrl about January lS3l when
the objections renewed by the first puoler.
oi the xyhO
into OF fact, when did functions of the
Census Board cease thought il was not competent
either for the poler myself to decide that question,
and thereby undertake summsry TO dissolve board es.
tabshed by law and composed of gentlemen quite as in
teligent and as upright as ourselves
Ia conformity with this OF the subject addressed
official letter the Census Board under date OF 30th
September Iasi, Ia copy ofwhch enclose, marked No
~ In which, after TcctuR the facts, requested them TO
iniJrm whether their functions a board had ceased
and what time To this letter received n reply
signed by Mr.. Crluenden and Mr.. Webster, Judge Hall
being at the time absent, believe copy OF which Is
also enclosed, marked No. 3.
After receiving this letter. directed the disbursing agent
TO continue pay yon 5000 Tnis believe
was done until about tho close Of the 1851 Shortly
thereafter called upon and stated that the difficulties
had been renewed In regard TO salary and after
pressing regret the feeling displayed towards
by some OF the officers stated that. all
Piles, you had thought OF asking Of he law
which wosid make the matter entirely plain expressed
appreciation Of that and with your
" not at reques, addressed official note, under
date Sth February, 1852, TO Hon. A L Buef. chairman
Of the Judiciary Comnitee of the Senate, the
difficulties which existed, and requesting ol him the
duotion OF an amendment into the supplementary btu
then before his commee fixing your salary OF $4,000
copy Of this note is enclosed, marked No 4.
deem proper add that in all my interviews with
you you uniformly di,eainsd all right TO the oo salaries