The daily union., 1852-12-28

the opinion that The amount of loss sustained in conse
quence OF obeyng this order should be restored TO them
by liie government; STILL the committee were OF opinion
that The loss should not be estimated 10 exceed twenty
Thousand dollars and that opinion was formed after
caIeul sxamlLaon Of the testimony before them,
Mr.. WELLER | do not persist in my mo!lon afler
the statement made by my honorable friend from Mssls
slppi, as 10 the opinion OF the committee who were
charged with the examination OF this subject, since
they were satisfied that the damages ought not 10 ex-
coed twenty thousand dollars although should not
have thought il necessary TO make that limitation.
make Axe % Sp%n1a %o,,on on on the subject however
which accompanied the bill, and ii was accordingly
| read. |F8
The bill was then reported 10 the Senate without
Mr. HALE. do not want to interpose any objection
TO this particular BILL but il seems 10 that Is intro
duclng new principle and one which VII be ,y very
dangerous II followed venture TO say that million
of dollars would not pay all the claims which would be
brought against the treasury il the principle is 70 be
sanctioned that when an honest contractor has taken
coatTA h desire to fulfil ii, but has incurred losses
in dong, the government is therefore bound TO re-
burse him, Ii we introduce this principle, we shall be
oyerfowed with applications, for The country Is uil OF
Mr. RUSK. The honorable senator from New Hamp-
shire is mistaken in the effect OF the bill for it does not
introduce the principle he magines These men, accord
ing TO the statement OF the report made contract TO de-
| liver certain amount OF provisions IN New Mexico
They had the means necessary to do that, requiring
large amount OF capital In going across over the Fort
Leavenworth route, they overiaken by snow
Storm which very frequently the case IN that secon OF
the country; and as matter OF course they had TO stop
10 take OF their animals In prairie country, 1t is
we'll TO understand there often blow up sudden snow
storms, and the consequence is, II the cattle remain upon
the prairie exposed TO o those storms, they Will all
die. Ii Is well known that great many have loBt lher
cattle by such exposures hence when storm approaches
travellers understand what should be done TO insure
their safety they take the earliest opportunity 10 reach
timber or other place OF shelter, and there remain
until the storm is over order 10 their leans and
cattle These could have done that; they could
have taken the usual to preserve their teams, and
still have performed their contract because they were not
held any particular time But they sent on, however,
magnng pehaps, that the troops were in need OF the
suppes,hey sent on one OF their company and as soon
as arrived there and they asceraned that the supplies
were the way, the officer in command issued an order
to have them a, all hazards, and bring the sup
plies This man, as understand from the reading OF
the report, taken sick and died however, mes
senger sent back 10 the trans and they did come
on 1t was not in attempting to comply with the con-
tract at ALL but IN executing the orders OF The oice mat
they lost nearly all OF Their animals. The damages winch
be paid here for losses sustained, not IN con-
sequence of failure their part through inability TO
fulfil their contract bu, in going beyond the CONTRACT
and complying with the orders OF the oicer al Santa fe
! That, as unders and 1t, is the principle involved.
Mr. ADAMS. single word OF explanation Mr.
President The parties by their contract had the right
10 stop at the time when they did, and thus TO save their
property. But the troops were SUFFERING and the olcer
in command issued impeous order that they should
come on al all hazards through the snow and in at
tempting that order, and going they lost
nearly all their cate and still supplied the wants OF the
army and above the full performances OF their con.
tract i is Tor The losses sustained in consequence OF
complying with ,he orders OF the government oicer that
this bill provides 1t contains principle al all
i MIR. CHARLTON. The question, Mr.. President, Turns
apcn The point Just stated by lhe honorable senator from
Tex&sr and the honorable senator from Missss,prr,
wheibes the contractors 10 deliver these provisions
within certain me because the merits OF the case are
all 10 be determined By the answer made TO that aues
ton they merely contracted TO carry these articles TO
Santa Fe they had the ordinary time TO do II in and
quesonaby bad the right 10 STOP when II was necessary
for safety and il they ordered under such cir
RI a ne
the government TO pay the losses they compelled to
incur Bot they actually to deliver these stores
within certain iime II was their duty to press on. do
recolect whether anything stated in the papers 10
whether they did did not contract for given time
Mr. RUsK There was no specified time.
i MIR. CHARLTON. Ii there was no specified ume, the
case think, is clear one and Their clam should be
paid.
No amendment, being offered, the bill was then ordered
TO be engrossed for third reading aud IL subse-
quenlly read third lime and passed
ORDER or BUSINESS,
j Mr. BRODHEAD. wish TO suggest the proprety ol
taking the private calendar II we 10 and con
slider private bills. II have no public business, nc
great national questions 10 consider, and IT 10
spend the day in the consideration of private bills, viii
suggest the propnety OF proceeding with the private cal
endar and taking them up 10 their order and therefore
Al the request Of Mr.. GWIN, Mr. BHopHsAp withdrew
the motion.
Il CENSUS OF cALIToRsA.
Mr. GWIN I wish TO offer the following resolution
4 was not IN seat Wnen were called Tor
| or should have submitted u theni
Roipsa That the Secretary Of The Interior be required
TO append the returns of the Stale OF California
made 10y that sste 70 the report thereof in
| preparation at the census office.
i IL is well known. Mr. President, that the census aken
by the United States officers in the State of California
was very defective and did not give the population
at all The State has had the census taken and wish
10 append that return to the othe in order give
idea OF the population OF the State. The taken
by the United States otccrsis noorousiy pcorrect and
hope there will be objection 10 appendng the Stale
returns TO IT. ask for the consideration OF the resolu-
lion at this lime. tH.IEa a5UR
b AIR CASS. would inquire whether the census re-
turns that have been taken to be printed Two
years and half have expired SINCE the was
taken. and do not know whether those returns
this resolution tHs n
/ Mr.. 6AbAN That is question which cannot J..
swer n they to be printed, wish this TO be pfioled
also for the returns Of the United States officers
notofiously incorrect
Mr.. CASS.t am afraid the next decade will elapse
before we hass the returns of lh,s published
Mr., BORLAND. canno, answer very definitely the
question OF the honorable senator from Michigan.
honorable from Delaware, who usually
sits before me- Mr.. BArAKp,l was in bis seal, for
he is chairman Of special committee appointed by the
Senate 10 consider the subject oil printing the and
he could perhaps answer the question will say to The
honorable senator from Michigan, however and to the
Senate thai before the Senate determine. either
house of Congress determine upon the printing Of
the returns they will have to determine, and the
law makes il necessary that they should determine what
they will print That stquestron was referred TO commit
tee and at the last session reported back the
Senate and is hefoe the Senate now 10 be taken mp
to print do moi know We told by the report from The
rtnp that part Il think. pared. hut