Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-05-22

Diego!
be the best plan 1t is dated October 28, 1851 1t will
be that it is not got up for this occasion that is
manifest The extract from the letter relating to the point
is follows:
- "While at San Francisco, the delegates Of the
convention elected frame constitution for the State Ca
fona through the honorable William M Gwin United States
Senator called on to volunteer to them to Monterey
cheerfuy asked Commodore JONES' stating that could be
ready in six hours with the Edith and land them hours
after should have ofing the Edith being ship rgged
had nothing to do but to ce her propeller and her
sails requested Commodore Jones to let have Lieut..
Mccormick, then temporarily commanding her my first
lieutenant MS Lieut. Knox, commanding Massachusetts steam
had Lieut. G. Vanasne his executive officer, of the
date Of Service but registered for service than
Lieut. Mccormick Commodore Jones refused me this request
although application aided by the influence Of Senator
Gwin and others of equal distinction then felt exceedingly
mortified and subsequent proceedings have all tended to in
The Edith followed quickly
upon this refusal Of Commodore Jones and since
home my having been identified with the command of
the Edith many persons believe that she was lost through my
carelessness, and while under my charge"
Mr. GwIN. Ii the Senator will permit me, will state
the facts Of the they actually occurred There
in San Francisco number Of the members elect to
the convention which TO assemble at Monterey on the
st day Of September The only certain mode Of convey
ance from San Francisco Monterey the mai steam
ship which to leave the former place on the ls and
arrive at the latter the I'd of September II was i'm
porant that quorum Of the members Of the convention
should meet the day appointed for its assembling Ap
pcaton was made to the agent Of the mail steamship
company to leave San Francisco the last day OF August
could reach Monterey the morning of the lst Septem
ber This refused Gen. Riley, the de acto Governor
had given orders f necessary to have vessel placed
the disposal Of such members of the convention as chose
avail themselves of such mode of conveyance to pro-
ceed with them to Monterey We made no application to
him any else When conveyance was profered, we
preferred going in steamship to the uncertainty OF
sail vessel.
Mr. PEAnoE do not charge any offence at all in the
of applying for the boat that Of using her for this
purpose.
Mir. GwIs. We made application. conveyance was
offered by the de facto government We merely ex-
pressed preference if any thing said the subject
for steamer a sail vessel.
Mr.. PEARcE do not charge it any offence at all on
the Senator; the contrary, disposed to Justify
him and the head of the de ao government who after
ALL but officer in the army of the United States
But then the Senate will recollect that this is thing
which the Senator has charged as an offence de has
spoken of it thing that improper He has spoken
Of the loss of the Edith (which he estimated at 0OO
in consequence of the requistion of Mr. King and the
service upon which she was sent agree with hm tnat
that action was entirely proper do not ind fault with
him any than with Mr. King for making the request
dare say should myself under the same circumstances,
have done the thing But what do complain OF IS
that he should this prove that the naval power OF
the United States placed the absolute disposal Of
Mr. King and complain of it as an abuse when it had his
sanction If that vessel was sent upon service which
entirely proper, do not see why it is that he can
charge her loss to the Government thing resulting
from wrong act the part OF Mr.. hing, which mas
sscetled the deficiencies
Mr.. GwIN If the Senator will read the whole Of Lieut.
Meades letter. and also Commodore Joness letter in re-
ply he will the Commodore states that Mr. King ex
ercisng the power conferred him by the President
had ordered the Edith another service.
Mr. PEARcE should be very glad if the Senator would
turn to evidence Of any such expression as that
which he supposes Commodore Jones has used have
looked through the documents without being able to find it,
Mr. GwS. will bring it to the notice of the Senator
| before he is done
Mr. PEARcE Very we'll sir. 1t cerraiAfy Is in the
extract from Commodore Jones letter which the Senator
read the day win not read it again 70 the Senate
But in glancng that letter. do not see any such
language that which the Senator attributed to CON-
| Jones
Mr. GwIY That is not the letter in which he uses it
but he did it. have the letter in my committee room
did not expect the Senator would have the floor to-day
would have had 1t at my seat will read 1t before
the Senator closes his remarks.
Mr.. PEARcE And if it SO can only say that Com
Jones must have fallen into most extraordinary bunder
and have msconceved very much the instructions OF his
Government and that they not to be held liable Tor
any misconcepton Of his however gross or improper
pass now to the charge The Senator complains
that Mr. King having been elected member OF that Con-
gress which began its session in December, lS49 was
during the Of the Congress- appointed collector OF
San Francisco and he seems to think that this was vo
aon Of the Constitution The Constitution does provide
that member Of Congress shall be appointed to any
Office created during the time for which he was elected or
the emouments Of which have been increased during
that time That is true. However will not 60 into the
consideration of the point fully will abbreviate what
have to say upon it, since might otherwise violate the
rude of secresy in regard to Executive business WISH
the simple facts Of the The Senator has
said that Mr. Kings nomination withheld from the
Senate during the continuance of the Congress Of which
he had been elected member and not sent IN TO the
Senate until after the 4th Of March.
Mr.. GwIs. 1t not sent in time to be acted upon at
that session.
Mr.. PEARcE. have given the statement Of the Sena
tor find in his reported speech is said that the
nomination of Mr. King not sent in until after the
4th Of March, 1851 The fact is it sent in TO the
Senate during the continuance of the identical Congress
for which Mr. King had been elected and several days
before the close Of its last session. and II perfectly
competent for the Senate to upon it before the adj
jounment mention this to show that there was no in
enen the part of the Executive to prevent the Senate
making any they could fairly make of any consttu
tiona objection to the appointment 1t submitted in
to be acted upon by the Senate having been sent in
the close of February, 1851 If it unconstitu
tona the Senate to be prevented from refusing to
confirm it, because il had been delayed in order TO avoid
that constitutional objectionY That would furnish
additional with every member Of the Senate for
jecting it. IT. in addition to violation Of the Constitu
on there the of endeavorng to avoid the
application of constitutional objection it would have
been demanded by every Of propey that the Sen
ate should mark their reprobaon Of such conduct by the
rejection Of the nomination. Although the injunction
of secresy has not been removed not at liberty 60
into consideration Of oil the facts and circumstances
pending it is sufficient for me to say that he
hrmed by Senate majority of whose members were his
political opponents If at liberty to speak about
that which has transpred in Executive session, from
which the injunction Of secresy has not been removed
should ask the Senator from California whether he did
not himself sustain the nomination of Mr.. King? IL is in
the power Of that Senator to move that the injunction Of
i ho tabo xT Ao Hama tho