The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-24

ating 10 the salaries OF officers Of the Territories Of the
United States Ipresume il can be acted upon without
causing debate therefore move TO postpone the prior
orders. for the purpose of taking up this bill
The question being then taken, the prior orders were
postponed
The Senate then as in committee Of tke whole, pro-
ceeded 10 consider Senate bill No ll5 being bi TO
repeal the provision in the act entitled An act making
appropriations for the civil and diplomatic expenses o the
government for the year ending the 3oh OF june 1852
and ior other purposes approved March 81 isai re-
the United States"
The PRESIDENT stated that there was substitute
proposed by way Of amendment BY the Committee on the
Judiciary
The amendment was then read providing for the for
feare OF The salary during his absence OF any territorial
officer il lie absens himself from his duties and the Ter
rtory for than sixty days in year without leave
OF the President unless good could be shown for
such absence the satisfaction of The Presidents and
ao repeating The proviso relating to the officers OF Ter
ritories contained n the civil and diplomatic appropria
ton bill for the year ending June 80, 1852.
Mr.. HUNTER. should like 10 know what that pro Z
yiso is which is proposed TO he repealed. ts q t3
The proyso as follows. was then read
OF the officers Of any OF the Territories OF The United States
sha NOT be paid 10 any cae where sny Of the SAID officers
shall absent themselves from said Territories and their
official duties Tor period OF time greater than sixty days
Mr.. GEYER II will be perceived that the provso
which is proposed TO be repealed annexes forfeiture OF
the whole salary in the event OF an absence OF sky
days. no matter for what cause under what ccum-
stances provides that, in oil absence the fact OF
absence is 10 be taken judgment against the Officer
and he is thereafter 10 receive salary whatever The
first section Of the amendment proposed by the commit
tee designs 10 effect change IN that particular One de-
feet intended 10 be cured is that the provso leaves
II uncertain whether the whole OF the several abb
may be taken together make up the Time OF
sixty days. is designed also TO obvate another de-
feet, which is this The provso, understand insert
ed with view to affect The officers of the Territory OF
Minnesota and it stands if the different absences
be not added together, any officer in Minnesota may be
absent nearly the whole OF the year. may absent him.
sell for any time short OF sixty days then return to the
Territory for day two, then absent himself again.
and ON. To obviae that difficulty the frs, section
provides that i he be absent from the Territory and his
official duties for period exceeding sixty days in any
year. without leave from the President OF the United
States, he shall not be paid any salary for the period OF his
absence &C. Another portion of the amendment is de-
signed TO provide for any such emergency arise
Oicers appointed to certain Territories may sometimes
have occasion TO return Tor their families and 10 attend
to duties which are necessary TO be performed. But
when they have been necessated 10 do If they
furnish good reason IN the judgment OF the President.
for their absence then by this amendment this penalty
shall not attach to them The other object is to make
provision Immediately for this matter, and have perma
nent law in relation TO the matter
/ will now amendment, 10 come in at The end
Of the second section, in these words:
Sand the .aarie, of the said officers which have
ofore secrued, shall be paid anything IN said pfoviso 10
the contrary Notwithstanding"
Mr. CHASE | was about 10 move an amendment
which seems to ME 10 be appropriate than the
OF the senator from Missouri Mr.. GEYER1 twas my
purpose TO amendment TO strike ont the last
clause OF the first section of the amendment which reads
unless good for such absence shall be shown 10
the satisfaction Of the President" which will leave the
judges the Territories the dsc Of the President
regard TO the fine 10 be imposed for Their absenlng
themselves from their official dulies In organizing the
Territories OF New Mexico and Utah, Congress thought
fit insert clause providing ba:ihe Judges should moi
be absent from The performance OF their judicial func
tons more than sixty days without o,ei'ins their saa-
that they should be allowed to absent themselves il they
obtain for that absence The sanction Of The President
But absent themselves their discretion, and for
such length of time they mag see it, and then throw
themselves upon the indulgence OF the President for the
payment OF their salaries not merely alter this law has
been enacted, but before, il does TO me, going
sreat deal TOO far We all know how important it is thai
the of these officers shall be secured to the in
habsnts OF the Territories And we know, 100, that in
regard 10 the particular Territories that have named
the Territories OF New Mexico and utah- is ndispen.
sadly necessary that they shall be retained in their places
by condition OF this sort have heard from some
very intelligent gentlemen that in the Territory OF New
Mexico for instance the state OF things there is
desirable that il the Judges be allowed 10 leave their
POSITIONS and travel through the country al their pleasure,
and then be permitted TO throw themselves upon the
pleasure and discretion OF the President for the payment
OF their salaries, Notwithstanding such a law as this
which Is proposed IL will be impossible TO retain them in
their places IL 10 me, therefore, that II IS not
duty TO go further than The law stands unless we
authorize these officers absent themselves after having
Obtained leave from the President TO do so
shall against the proposed amendment oil the
ator from Missouri, tMr GEYER and, ii IL s not adopt
ed shall then move TO strike out the clause which have
indicated.
Mr. GEYER Il appears to me that recent events
should admonSh that il necessary, under certain
circumstances authorize the officers to leave the Terri
tories do not pretend 10 form any Judgment AZ 10 the
causes of the absenng OF The officers OF the Territory Of
Utah. II what they represent to be The facts approach
the truth their condition their would have been ntoera-
BILE 1t may be that IN these remote Territories they
10 attend to their duties without encounterng
difficulties that few would be willing 10 encounter.
Now. in the OF the Territory OF Utah, where, Is
said, OF things exists which renders altogether
uncomfortable Tor any civilized Christian 10 reside among
them, officer must retire from the Teriitoryand he
cannot wait for leave from the President OF the United
Sates-ino the Indian territory, and remaia there Tor a
period short oil sixty days. even under The exstng law,
and then return to the Territory for lime, and then
tire again the Indian territory, in order that he may
wait until he receives leave oil absence from The Prtsi-
dent As the law now stands the judgment against hun
account o his absence is peemptofyleit 10 the
counting officer, and TO him alone is proposed by this
bill as amended by the Committee the Judiciary TO
submit that question TO the judgment OF the President
Now, ii case should occur-i do not say u has oe-
cufred-when the situation OF the Territorial officer
should be rendered inoerable by the circumstances in
1 which he shouh hnd himself placed-when his own
safety and the safety OF his family required that he should
leaveii does to that he should not be required
to ose his salary upon that account; Tor he would, IN
effect, be expelled IRON the Territory. | think can
safely leave that question 10 the President OF the United
States Few OF The officers would be willing 10 leave
themselves to the judgment OF the accounting officer
But, by this BILL they must come and present the facts
and circumstances under which they were induced 10
leave the Territories TO the President ol the United
States II time could be allowed, under all circumstances,
and could be that the officers would have time
to get this leave from the President, should have
from Ohio [r CBAsrl proposes; but il stands now
4 they a pyDOss1 condition..