The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-01

undertake to repeat as the matter was fully con-
sldered In committee OF the whole, and do not wish
10 renew The discussion upon II but | will merely
repeat the substance of il. | took occasion then 10
Stale mat there was no payment made 10 MIR Davis,
either IN violation OF law without the sanction OF law
that the payment justified by the Interpretation put
upon The act; and thai the Interpretation Just and
sensible Interpretation OF the act And would hazard
what llle OF legal reputation have attained, ! am
IN my pIoesson, II could have that question submitted,
not 10 Senate OF politicians upon the eve OF pres
dental election, but TO judicial tribunal to make il
manifest beyond the power OF successful contradiction
denial. But shall not 60 into that.
The question here Is not as the senator from Arkan
sas Mr. BoRLAspl seems 10 suppose whether we shall
give our sanction 10 what has been done in the
tive deparment-no at all This proviso is 10 author
re, by act OF Congress the payment 10 this officer of
that sum OF money II is that il shall be legitmaely
paid according to the Interpretation OF every gentleman
Is that ii there be doubts upon the minds OF
with regard TO the construction put upon the old law
these doubts may be removed And | hope that this
worthy and excellent officer will not be made suffer
on account OF the supposed extravaganza oil the admins
traton Visit their delinquencies, II denquencies there
are, upon themselves, and not upon genema who is
every way entitled 10 the compensation and on whom the
compensation will be well and properly bestowed. The
senator from Arkansas talks OF the Executive taking
money ont OF the treasury, and spending money at his
own will Sir. think the senator from Arkansas will
find himself utterly unable to verify the proposition
IN one single instance, by showing that the admins
tra,on has spent one dollar that has not been APP
propriated by act OF Congressnot one dollar In this
case there was undoubted appropriation. II is not
pretended that the appropriation exceeded 80 900
was appropriated for the expenses Of the Nautical Alma
nae, including the pay OF superintendent. The only
question is, whether a correct Interpretation was put
upon The law, as TO the right 10 allow certain amount
OF compensation TO the superintendent; whether, because
he was officer of the navy, the Secretary was pre-
cluded from paying him ythng than his ordinary
compensation officer, whether the appropriation
Tor his pay authorized further payment 10 him. That
was The only queson-aquestion upon the interpretation
OF the law. The money undoubtedly appropriated,
not only the general expenses Of The Nautical Almanac.
but for the pay oil the superintendent That is clear The
only question is whether the Interpretation right by
which it supposed that he be compensated
superintendent, distinct from and beyond the ordinary
compensation that he received when he dschargng
the usual duties assigned him in his proper place in
the navy. That was the whole question. Now, whether
that Interpretation be right wrong, it is not case OF
seizng money from the treasury without an appropria
ton Admitting il to be wrong, il Interpretation
pui upon il by intelligent and Interpretation
sanctioned by the shead OF Navy Department; and
| will take occasion to say that there is no gentle.
man upon this floor who is a better lawyer than he
is and no gentleman anywhere who is OF higher
honor or more unmpeachable integrity, who in his pri
clean and untouched either by proof charge, suspicion
OF delinquency. Like all other men, he is liable to mis-
takes he may have erred in Judgment. Every man
may in judgment But if in judgment constitute
crime, God help all here, for should all OF be
OF The worst die il all past transactions
were to be looked nto and errors of Judgment charged,
not 10 the head but to the heart
Now, sir. my friend from Alabama has said that this
money was paid, not only without law. but in direct
lradicon ioa vote of the Senate refusing 10 allow this
payment Now. sir how does the fact OF the refusal TO
allow the pay show that the money was paid contrary
10 law This brings us back TO the inquiry what was
The meaning and purport OF the first law 3for the first
law authorized the payment, there necessity for
he other. There was declaration of the Senate or
he House Of Representatives the Interpretation of
he law lis Interpretation was for the executive depart
nent There II was and if the law warranted the pay
nent, did not cease 10 warrant the payment because
he Congress of the United States declined 10 put in or
strike out an appropriation for similar sum in the APP
lrnn 1fl In IpI1 Nat ut all R,,t Nh
President had occasion remark the other day, the
7ote upon striking out that amendment which was pro-
'oed OF no! agreeing 70 hs PROPOSED amendment iaf-
lie upon the abstract proprey of the itself III
lad occasion 10 remark the other day that then
1t the close OF session. We then in the last day
II session, in the last hour OF the day. and we were
Warned over and over again. by the honorable senator
rom Virginia at the head OF the Committee on Finance,
hat should endanger the fate of the bill by encum
,erng it with amendments. recolleci well that the
honorable senator from Kentucky, MIR CLAY,l whose
and Protracted illness all oil much regret
that occasion voted with the from New Hamp
hire upon motion TO prevent the necessity OF sending
he bill back 10 the House, TO prevent encumbeDg the
dill with another amendment, by striking out amend
nent of own, declaring that he would vote for
other amendment which would cucumber and embarass
he progress OF the bill through the House OF Represent
,tives. IT, therefore, the Secretary OF the Navy could
have been supposed 10 have looked into the journal OF
he Senate find out what had taken place in the hurry
Of the last few hours Of the session, he could have
ound out nothing but that, either because members OF
hey feared 10 endanger the bill, or, permit, TO add
because they might think It was unnecessary, since
was provided for by the original law, they declined to
put in this appropriation However these matters may
be, submit TO the senator from Arkansas not 10
in infcting what would really be punishment and
wrong upon this highly talented and merorous officer
Let keep this proviso in Let us endeavor to settle
our political disputes upon some other question: at the
expense OF the proper parties and not al the expense OF
this officer.
Mr.. HALE. | have listened to the honorable senator
from North Carolina. as always do, with pleasure and
ruciion. He has given double instruction. He got
and cautioned the senator from Arkansas for repeating
bis sermon under another texts and all the difference be
tween the senator himself and the senator from Arkansas
s that he has himself repeated his speech OF the other
Jay upon the same He has not even given the
variety OF text
But sir do pray that the merits OF the amendment
not be lost sight OF in this of the roses because
Il has nothing 10 do with IT, hope the Senate will mol
lose sight OF the main facts The senator from North
Carolina has failed 10 tell what seven matbema
cal professors about at the observatory The honor
able senator from Massachusetts has failed 10 tell the
superiority OF the mathematical and nautical instruments
at the Cambridge observatory those which have
been buying here at expense Of $4,000 year, and
while we are paving here also $4,000 year for books
Mr.. BADGER. MIR. President, did not state 10 the
honorable senator what the mathematical professors al
The observatory about-for the very obvious reason
that did not Know. am not in charge OF the observa-
Tory, and have no communication with it, and know
noibiag about it, take ii for granted, however that
they are in the discharge OF their proper duties
Mr. HALE take It for granted also, sir, that they
are ready 10 discharge their proper dutes II will but
let them Here have expended annually for purposes
oil science S3 ,000 and do not enough OF it TO
calculate an eclipse. We keep up this establishment, sir
and expend-i do not know w-$3l 900 in salaries,