The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-19

~ Dill had passed aSt year,
accounts which open and unadusted, might per
hsps have been settled AT all events the legal authority
would have been given for their settlement which does
now exist Until the House Of Representatives act upon
the bill which has gone from this body ohef
bill intended to answer the purpose viii be impos-
sbe that these should be adjusted because the
money not having been collected under the machinery Of
law which have provided for the collection Of
nue. from customs cannot into the treasury until Com
gress shall legitimate the action Of the government de o
Of California.
do not mean to waste the time of Senate by speaking
Of the proprey of collecting customs in California any
further than this The government de aeo General
ernor pursued the principle which the Senate recognised
when We passed that bill that Is to say, that California
having become part of the United States, military conr
buttons being longer collected there because there
not be imported and landed there violation Of the general
laws Of the United States and that if they
imported and landed those who did must pay the duties
General Mason commanding there, previously to General
Riley, established the tariff of 1886 General Smith, when
he went there in conjunction with Commodore jones' recog
missed the porety Of the payment Of duties depostes
by those who should bring databe goods into California
About this there can be Of question The Son.
ate thought at the last session. and at this Even the
cular of MIR Robert Walker Secretary OF the Treasury
which the senator has read does not furnish any authority
TO any there to permit goods to be landed without the
payment of duties. He says, that il foreign duable
goods should be introduced there and shipped thence
other port place Of the United States they would be
able to all the penalties prescribed by law, when such i'm
poration is attempted without the payment of duties"
the introduction Of foreign goods at any other place than
port of eny that San Francisco not port Of entry
because Congress did not perform s duty at the long
sion of l840 and that the collection of duties by mil
itary authority in both Mr. Folks time and General Tay
lors without authority indeed from Washington but us
fable under all circumstances.
This fund.- thus collected into the hands Of these
officers and, irregular as perhaps very for
tunate thing for the service there If tho officers had
collected the money there would have been pay
the expenses of the California convention and do
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 funds
for The relief of destitute emgrans The military defences
of the country would have been inadequate.
The next subject Of complaint which the senator from
California makes is in regard certain Indian commission
Congress have appropriated different times $50 000
think for the purpose of negotiating Indian treaties in
Caorna--S25, 600 at time, AMI sos 600 another
Indian agents appointed for California, Who under the
provision of general law requiring that the commissioners
70 negotiate Indian treaties should be persons in the employ
Of the department. went out to California and proceeded
board, and, after having transacted business
board believe they divided the State into three divisions
each taking division and proposing negotiate treaties
in each.
They were without funds The sos 900 appropriated by
Congress had reached them. They anxious
obtain funds, and they made application the collector of
the San Francisco advance them the SOS 900
appropriated by Congress- That he did do but he ad
vanced them IS 000 and advanced them upon the
commentator of the senator from California himself 1t
that the Indians in California, who and
warke supposed to be in of great irritation.
Indeed il expected that general Indian outbreak
would take pare and thought to be very desirable
order pacy the Indians that these negotiations should
be promptly entered upon They could be upon
without money. The commissioners applied the col
ector and he advanced ZOO for the purpose Of enabling
them to enter into negotiations.
But the has fallen into extraordinary mistake
that another advance made by the collector made the
basis of the $4,000 appropriation. Mr. King besides adj
vancng s25 000 advanced to the Quartermaser depart
ment $4,000 The senator supposes that the 600
all for the purpose Of military escorts, which
with the Indian commissioners to negotiate treaties. That
is mistake in fact, have ascertained have returns
from the department showing that but $50 900 ofths money
appropriated to the support of the escort rather
of the three escorts which accompanied the commissioners
Sixty thousand dollars all of the expenditure of which
has been received The yet be
ceived will not amount TO more than 80 600 $40 000
h. the whole expense is but $4,000 Instead Of
Mr.. GWIN. was exceedingly anxious to get this in
formation before addressed the Senate the subject
applied to the Quaermaser General for statement of the
expended and told that he could not make
out correct anxious to ascertain the
amount and he told that the returns Of the assistant
quarermaster had not in in full and those received
mixed up with other expenditures that it diff
cult separate them. said in my speech that this
statement given found this amount stated by Mr.
King himse to be the advance to the Quarermasers de-
pariment for the purpose Of fitting these expeditions
Mr.. PEARCE. find no fault with the senator at all.
merely wanted to state the facts understand them
exist have here statement of the drafts drawn
by Msor Allen assistant qunrtermaser of Bencis
the amount received and expended by him. He received
the amount OF 1850 but the expended for the
military only about 100000. This exclusive
of the and Of the public property and also Of the
expenditures OF Lieutenant Stoneman whose have
not been received but the whole Of which will
than $4,000 $4,000 IL tina, state of affairs be
correct the expenditure for that purpose will be about
$4,000 Then the other part Of the advance for
applied the department in other particu-
lars This advance il made by the collector OF the
United States money, was certainly irregular.
Mr.. King had right TO advance the IS 900 than
the 900 without instructions from the Treasury De-
parment but il thing which the imperous crcum-
yL.. thaA al.
California justified in the instance and which, suppose
inevitably follows must have been ustfsbe in the other
What would have been the Of advancing money the
Indian commissioners IL money not advanced TO the
quarermaser furnish the OF protect
theml
Mr.. GWIN. | hope the senator will permit to
plain Before the note to Mr. King in reference
the advance Of $4,000 the appropriation Of $4,000 had
been made and the Department Of the INTERIOR do say
from neglect had placed the amount under control
of the commissioners The IS 600 advance at all
connected with the $3.50 900 loaned to the Guarermase
Department That made long before The IS 900 was
advanced the appropriation made the last session OF
Congress- and stated that did hold myself responsible
for the Of those officers but that OF the
ing necessity Of the case Mr. King would be sustained il
he made that small advance Mr. King says however, in
placed to his private account, expected that the
mail would bring authority to the Indian commissioners
to draw for the appropriation.
Mr. PEARCE. Then h much the better, for il
was no violation Of law The Senate will perceive the
cessy Of my making the distinction between these appro-
priaons when read them this extract from the
speech.
He says
81 wish tito be borne in mind that oil this was to be