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


particularly But they have reported to The President
ean that they unable to execute the civil laws in
that Territory without The aid oil the military that their
persons are not safe there and that is utterly i'm
possible 10 execute the laws OF Congress or the civil
law without The aid of the military, And the question
now s what step be taken as 10 secure obedience
IN mat Territory 10 the laws that may be enacted by
Congress- In my judgment il would be very impotc TO
send military force there avowedy Tor the purpose OF
executing the civil law The difficulty might be obvlaed
IN his way II necessary in my opinion. TO have some
military post established IN that country, not only Tor the
protection OF The Mormons against the Indians. but what
to me y matter OF more importance, Tor the pro.
lection OF the emgrans who are constantly going TO the
STALE tat have the honor part 10 represent This mill
tary post or this depot, might be established
possible TO the Salt Lake Tor in that vicinity they would
have facilities Tor obtaining supplies that they could
Lot obtain elsewhere. That military pest would also be
ready 10 aid the civil authorities 10 enforce the law
and, itesabshed have no doubt our officers could re.
turn 70 mat Territory IN perfect safety and execute The
mandates OF Congress. | would not send military
foce there for that purpose alone for would be nn-
willing 10 treat those people designing 10 subyer the
authority Of This government in that Territory. know il
~ saK that they entertain friendly feeling towards
This governments hut would now treat them as a loyal
people, though al the time would have military
force there that would compel them 10 render obedience
| 10 our laws, and perform their duty.
DIR. BADGER That is perfectly right | agree with
| You.
| Mr.. WALKER | am obliged 10 the honorable SEN
ator from California [Mr WELLERl Tor the views that
he has expressed So far as have reflected upon that
subject my mind has come to the same conclusion that
i
has mentioned would be necessary in the Territory to
which he has referred. The only question in my mind
in view OF these circumstances, is, whether the Legislation
that IL now proposed Is not premature In view OF what
has been said, and in view oil the condition OF things
there think there is something else to be donea great
deal 70 be these gentlemen can enter upon
the duties OF their oiicesbeore, in my opinion, they
can safely remain in that Territory The only question
with is, whether while legislatng in view of
the Stale OF things that know 10 exist there,
should be making provision for the salaries of those who
either cannot do not discharge the duties OF their Off
ces. For one ! must say cannot agree TO it, These
gentlemen have returned to the United States they tell
us the reason why they have returned they acknowl
edge that they cannot discharge the duties OF their Off
ces we know they canno they have reported 10 us the
incorrect legislation for To be providing for the pay
men OF their salaries under these circumstances re-
gret 10 take this position as much as any senator can.
know very well that, while these gentlemen are holding
themselves readiness 10 perform the duties OF their OIL
fees, would 10 be but reasonable to give them
compensation. But not to legslae for Them
individuals but have in view all the interests OF
the county-have in view the subjeci-matter TO which
their offices relate i does seem to me- therefore that
cannot feel ourselves justified in paying them their
salaries while they hold their offices as mere slnecues
/ Mr.. BADGER ] was originally opposed TO the adop
ton OF the poviso TO the appropriation bill the repeal OF
which Is sought 10 be obtained by the bill or The joint
resolution under consideration by the Senate at this
thought then, and think now, that II unjust,
hazardous, and very impotic system By which to
force the discharge OF the duties OF public officers, and
especially to enforce the discharge OF the duties OF the
judicial officers. Ii we had had system upon this sub
ject, originating with the government OF long and esab
lished continuation, and now called upon 10
make exception this general system 10 favor oil the
particular class OF officers TO which this Legislation re-
efs the remarks OF the honorable senator who has jus,
taken his seat [Mr WALKERl would have grea, weight
But this is OF proviso added 10 appropriation
bill portion OF law sprung upon the country IN virtue
of which, whether the absence OF the -uhcer IL with OF
without cause, whether he is expelled from his post and
prevented unless at the peril OF his e from returning 10
H. whether he absens himself voluntarily and negll-
gently, because he is careless indifferent The DIS
charge of his duieswihou reference TO any consider
alton OF that kind, visit his absence upon him. treat
ing as judicial ascertanment o official fault, with The
forfeiture OF his salary. Now, such system as that
cannot be right
1 Without going into the circumstances TO which the
honomble senator from California MIR. WELLERl has
reterred-agreeing with him in The sentiments he has ex
pressed upon that subject will merely remark that how
these difficulties may have originated these gentle
men, with great difficulty and great expense, and no small
hazard TO themselves went into this remote TeTTtoy and
a state OF things has occurred in which they could not
remain therein which they were compelled to leave the
Territory They are now here and II belongs 10 Con-
gress as the senator from Caornia eir WELLER has
said 10 institute those measures which are necessary TO
make their return safe and practicable, and 10 enable
them 10 execute those duties which their offices require
them to perform that Territory. In the mean time,
they cannot return there And, until that state oil things
is brought about il be right il fair s il just, is il
reasonable 10 visit the sentence oil starvation upon them
while we engaged
Mr. WELLER, lin his seat) Or ought 10 be.
\ Mr. BADGER--or, whether engaged or not, ought 10
be engaged in establishing law by which the vio.
lated authority OF the United Saesmay be estored and the
possibility OF the return OF those officers may be obtained
to the execution of their functions they executed
in other parts OF the Unionf
The proyiso, in my judgment, was originally wrong.
Subsequent events have proved the injurious purposes 10
which il may be applied and seems TO me that The Sem
ate owes il 10 ITSELF II TO officers IL 10 the
system under which public officers have heretofore
been educated repeal II at once and to declare that no
injury shall result 10 the parties who have thus been
brought under under operation. Now, whether these
gentlemen have the amino perfend TO this Territory or
not have no means OF knowing. The understanding
tAa IN fact Hal
and presume that when they can return there with
safety and do not do then the President OF the United
States will perform bis duty by informing them that they
can no longer hold Offices when they will not discharge
the functions belonging to them.
/ Mr. CHASE | regret very much that differ from
the honorable from North Carolina Mr. BAD.
cERl in the views which he has expressed upon this
subject But The Congress OF the United States have
thought proper 10 bx by law the etms upon which these
officers shall take their offices, They have taken upon
themselves, under the appointment OF the President, the
discharge OF those official duties upon terms clearly nm
derstoo1 by them There be no doubt as TO that
fact They knew perfectly well when they became 9th.
OF those Territories that they would not be permitted
TO absent Themselves from the performance OF their du-
ties for longer period than sixty days without the for
citure OF their salaries and " they did so they must
appeal to the beraty OF Congress 10 pay them II that
last question shond be brought up, not prepared 10
say how would vote. We now, however, called
upon egslae for all casesnot only Tor the cases that
have occurred but for those that may hereafter occur,
and to repeal this proyiso, under which territorial gov
efnments were organized II to that II Is un.
i wise and unnecessary to do So
Il Something has been said 10 the urgency Of the mo-
ves under the influence OF which these judges lett the
performance OF their duties In Utah. have read their
report and have read the statement OF other gentlemen