The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-05-11

the propnety Of the payment Of duties, as deposits
by those who should bring dutable goods into
California About this there can be no manner
of question. The Senate thought so at the last
session, and at this. Even the circular Of Mr.
Robert j. Walker, Secretary of the Treasury,
which the Senator has read, does not furnish any
authority TO any one there to permit goods to be
landed without the payment of duties. lie says,
/" that If foreign dutiable goods should he INTRO
duced there and shipped thence TO any other port
'or place of the United States, they would be
liable 10 all the penalties prescribed by law, when
such importation is attempted without the pay
ment of duties
Il 1t is sufficient 10 say lha the general revenue
law forbids the introduction of foreign goods at
any other place than a port of entry; that San
I Francisco was not port of entry, because Con-
Igress did not perform its duty at the long session
of lS4S, and that the collection of duties was by
1 military authority IN both Mr.. Folks time and
! General Tayor's, without authority indeed from
Washington, but justifabe under all the circunl-
stances.
This fund, thus collected, went into the hands
Iof these officers, and irregular as il was, perhaps
E very fortunate thing for the service there.
If the officers had not collected the money there
would have been no means to pay the expenses OF
the California Convention, and do not know that
the State of California would have sprung INTO
existence, and the Senate have had the benefit Of
the Senator's services here. There would have
been no funds for the relief Of destitute emlgrans.
/ The military defenses Of the country would have
! been Inadequate.
The next subject Of complaint which the Sen
ator from California makes, Is IN regard 10 certain
| Indian commissioners. Congress have appropri-
lated AT different times $4,000, | think, for the
purpose Of negotiating Indian treaties in Califor-
lna--S25, O00 at one time, and $4,000 III another.
Indian agents Were appointed for California, wlin,
under the provision of q general law reqirirr
that the commissioners To negotiate lndiantfeaties
should be persons in the employ OF the Depart
ment, Went out TO California, and proceeded 10
enter upon the duties assigned TO them. First.
! they met MS board, and, after having transacted
some business as board, believe they divided
| the State into three divisions, each taking one
| division, and proposing to negotiate treaties IN
each.
I They were without funds. The 5000 APP
rropriated by Congress had not reached them.
/ They were anxious to obtain funds, and they
made application to the collector of the customs at
San Francisco to advance them the S25 900 appro-
prated by Congress. That he did not do, buthe
advanced them $1,000, and advanced il to them
/ upon the recommendation Of the Senator from
I California himself. Ii seems that the Indians in
! California who are numerous and warlike, were
supposed To be in state OF great irritation. In
deed, 1t was expected that general Indian out
break would take place. and it was thought to be
very desirable in order to pacify the Indians, that
! these negotiations should be promptly entered
upon. They could not be entered upon without
money. The commissioners applied to the col
lecor, and he advanced $1,000 for the purpose OF
enabling them 10 enter into negotiations
! But The Senator has fallen into an extraordinary
mistake, that another advance made by the col
| lector was made on the basis of the S25000 APP
| preparation. Mr.. King, besides advancing S25 900,
| advanced 10 the Quartermaster's Department
$3.50 GOO. The Senator supposes that the $50 900
were all for the purpose of military escorts, which
went with the Indian commissioners 10 negotiate
treaties. That is mistake in fact, ! have
ascerlained. | have returns from the Department
showing that but $50, 900 of this money were APP
proprlated 10 the support of the escort, rather
| of the three escorts, which accompanied the com
mssoners. Sixty thousand dollars was all of the
expenditure Of which any account has been re-
ceived. The accounts yet 10 be received will not
amount 10 more than $4,000 or Sl0,000 so thai
the whole expense is but $4,000, instead OF
Sl50,000.
/ Mr.. GWlN. ] was exceedingly anxious Ia
get this information before ! addressed the Senate
on the subject. applied TO the Quartermas,er
! General for statement of the amount expended
and he told me that he could not make out a cor
rect one. was anxious 10 ascertain the exact
amount, and he told me that the returns Of TIE
assistant quartermaster had not come in in full,
and those received were mixed up with Other
expenditures that it difficult 10 separate them
SAID in my speech that this was the statement
given to me. ] found this amount, stated by Mir.
King himself, to be the advance to the Quarter.
masters Department for the purpose of fitting out
these expeditions.
Mr. PEARCE | find no fault with the Scn-
ator at all. merely wanted TO state the facts as
understand them now TO exist. ] have herc.a
statement Of the several drafts drawn by Major
\ Allen, assistant quarernaster Of Benicia, show
ing the amount received and expended by him.
( He received the amount Of Sl50,0O0, but the
:. arnounr expended for the military escorts was
only about 500 600. This is exclusive of the wear
and tear Of the public properly, and also Of the
| expenditures Of Lieutenant Stoneman. whose ar-
counts have not been received, but the whole 81
which will amount to NOT more than 5000 oT
/ Sl0.0t0 Ii that state of affairs be correct, the
expenditure for that purpose will be about SO 900.
Then the other part of the advance is for moneys
applied TO the Quartermasier 5 Department in other
particulars. This advance, if made by the col.
I lector out Of United States money, was certainly
\ irregular.
/ Mr.. King had no more right TO advance the
- 900 than the $50, 900 without instructions from
the Treasury Department; but il was a thing which
the imperious circumstances Of the case, even IN
the opinion of the Senator from California justi.
fed in the one instance. and which, suppose II
inevitably follows must have been iusti6abe IN the
other. What would have been the use Of adyan-
cling money 10 the Indian commissioners il money
was not advanced 10 the quartermasier 20 furnish
the means of an escort TO protect them;
Mr.. GWIN, ! hope the Senator will permit
me 10 explain. Before wrote the note 10 Mr.
King IN reference to the advance Of $1,000. the
appropriation of 81, 900 he'd been made, and the
Department Of the Interior, do not say from neg
ect, had not placed the amount under the roniro
Of the commissioners. The $1,000 advance was
not nj a connected with the sl50.0OO loaned to
the Quarermas'er's Department. That was made
long before. The 5000 was advanced on the APP
preparation made az the last session ~ Congress.
and stated that did not hold myself responsible
for the acts ofthose officers, bat that On accounto ~
the pressing necessity Of the case, Mr.. King would
be sustained IL he made that small advance Mr..
King says, however, IN the letter from which
have read that tic advance was paced to his pri.
vate account as i was expected that the next
mail would bring authority 10 the Indian com.
missioners 70 draw for the appropriation.
Mr.. PEARCE Then il was so much tho bet
ter. for it was no violation of law The Senate
will perceive the necessity Of my making the dis.
tinction between these appropriations when ! read
10 them this extract from the Senator'S speech
He says:
:" w-hntobc borne in mind ia AZ thiswa-to be done
under m appropriation ofslj.oN"
ftar that nn..,.s ~. -,