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


which leave the former place the lsl and arrive
the latter the I'd Of September IL was important that
quorum Of the members Of the convention should meet on
the day appointed for its assembling Application was
made the agent Of the mail steamship company 70 leave
San Francisco the last day Of August that the mem
bers of the convention then ~ that ely could reach Mon
erey tho morning OF the LIST Of Scpember Tnis was
refused General Riley the de Jaio Governor had given
orders necessary have vessel placed at the disposal
OF such members Of the convention as chose 70 avail mem
selves Of such mode Of conveyance to proceed with them
TO Monterey. We made application 10 him or any one
else. When conveyance profered, preferred going
| in steamship to the uncertainty Of a sail vessel
Mr.. PEARCE / do not charge any otfenQ at all IN the
of applying for tho boat or that of using her for this
purpose.
was offered US by the Dc Jaes government We merely
expressed preference, il anything said on the sub-
jsct for steamer or q sail vessel.
Mr.. PEARCE do not charge il as any offence al all
the On the contrary am disposed TO justify
him, and the head of the de aeo government who after all
was bat an officer IN the army OF the United States But
then the Senate will recoect that this is thing which the
senator has charged offence. he has spoken of as
thing that improper He has spoken of the loss Of
the Edith (Which ne has estimated at slaoOoO) IN conse-
quencs of the requson Of Mr. King and the service upon
which she l with him that the action was
entirely proper. do find fault with him any than
with Mr. King for making the request dare say should
myself under the circumstances have done the same
thing But what l do complain of IS, that he should
use this TO prove that the naval power of the United
States placed al the absolute disposal of Mr.. King
and complain Of it abuse when IL had his own
sanction. If that vessel upon service which
entirely proper do why is that ne can charge
her loss to the government thing resulting from
wrong the part of Mr.. King which has s,cesd The de-
fcisnciss.
MIR. GwIN fthe senator will read the whole of Lieu
Meades letter. and also Commodore Jones's letter
in reply, ne will the commodore states that Mr.. King
exercising the power conferred him by the President had
ordered the Edith another service.
Mr.. PEARCE. | should be very glad il the senator
would turn me evidence of any such expression
that which he supposes Commodore Jones' has used.
have looked through the documents without being able to
find il.
Mr.. GWlN. viii bring it the notice of the senator
before he is done.
Mr.. PEARCE. Very WILL air. II certainly is in the
from Commodore Jones's letter which the senator
read the other day will read again TO the Senate
But in glancng that letter, do any such lam
guage that which the senator attributed TO Commodore
Jones.
Mr.. GwIN. That is not the letter in which he it,
but he did IT, have the letter in my
did expect the senator would have the floor to-day
would have had it at my seat will read 1t before the
senator closes his remarks.
Mr.. PEaRCE. And if it were SO, can only cay that
Commodore Jones must have fallen into most exraordi-
nary biunder, and have msconceved very mech the in
Of his government, and that they
held liable for any misconcspuon Of his or
improper
pass, now TO the charge. The senator complains
that Mr. King having been elected member Of that Con-
gress which began lis session in December l549 du
ring the of the Congress- appointed collector OF San
Francisco and he to think that this violation
Of the constitution The constitution does provide that
member Of Congress shall be appointed any Office created
during The time for which he elected or the emau-
Of which have been increased during that time That
However, will 60 into the consideration Of
the point fully. will abrcviate what have TO say upon
since might Otherwise violate the rule Of secrecy
gard executive business wish the simple facts
OF the The senator has said that Mr.. Kngs nomi-
nation Withheld from the Senate during the
Of the Congress OF which he had been elected member
and sent into the Senate until after the 4th Of
March.
Mr. GwIN. Il wa. no, sent in time to be acted upon
Mr. PEARCE Ihave given the s,atemen, of the senator
81 Fhat
ton Of Mr. King sent in until after the 4h OF March,
1851. The fact IN 10 the Senate during he
continuance Of the identical Congress for which Mr. King
had been elected and several days before the close Of it,
last session. and il perfectly competent for the Senate
act upon il before the ad 1Unment mention this TO
show that there n,en ion the part Of the Execu
tive the Senate making any they could fairly
make Of any constitutional objection to the appointment
Il submitted in time 20 be acted upon by the Senate
having been sent in the close OF February 1851. lit
unconstitutional the Senate to be prevented from
refusing confirm IT, because Il had been delayed order
avoid that constitutional ohection Tha, would furnish
additional with every member Of the Senate for
rejecting it. IL IN addition violation OF the consttu
tion there the OF cndesvorng avoid the
the application Of constitutional objection, u would have
demanded by every OF proprety that the Senate
should mark their rcprobauon Of such conduct by the
lection Of the n1mination. Although, the Injunction OF
secrecy has not been removed not at liberty 90 into
consideration 81 all the facts and circumstances which
weighed with the Senate when that nomination pend
ing; il sufficient for say that he confirmed by
a senate majority OF whose members his political
opponents " liberty speak about thar which
has ranspred executive session, from which the nunc
81 secrecy has been removed should ask tho
from California WHISTLER he did himself sustain the
nomination OF Mr. Kingi Il is in the power OF that
tor that the injunction Of secrecy be taken OF III
thar be DONE then the country who was that
tanned the nomination.
Mr.. GWIN. II the senator will permit me, I win
state the facts of This aso. sustained the
nomination Of Mr.. King until he renomnacd after the
81 Of March, 1851 The Congress which he had been
elected ceased exist that day. Mr.. King ap-
pointed before the assembling Of Congress in December
1850 dissemination held back from the Senate until
the last the last day Of February. We had but
ono executive session Afterwards when tho nomination was
referred the Committee Commerce. and reported
the Senate Il well known tina, the action Of the Senate
the and har5or bill defeatag OF tho
appropriation bills, and ef Of executive bust
uudsposci OLA portion Of which Mr.. Kings
nomination. We called into executive session by the
President tho All Of March, and that session Mr
King was ronominatsd. Il well known that objected
Mr.. Kings nomnaon, not personal but CONVENTIONAL
grounds; and would have opposed H. IL has been acted
before the 81 Of March, 1885, and entertain doubt but
he would have been rejected. This opposition known
10 exist; and with this knowledge, the nomination
withheld the last days Of the session that had no
opportunity OF testing the Of the Senate ia cons
I tutianaliy
Mr. PEARCE. The only difference between the senator
and myself H. that think IL the constitutional objection
weighs time, does all times and that the obliga.
ton stronger reject the nomination. II such an ar
hce employed IN the vain and culpabe cndeavor
prevent the application Of that constitutional objection
pass from that however too cenr TO admit Of quss-
ton.
The next charge that find made by the senator from
California H. that a certain General John Wilson was ap-
pointed Indian 70 the Salt Lake; that ho
there by General Tsyora administration great expense
the governments and that he went with all hls family and