The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-06
In CONGRESS OF THE u. STATES
Thirty. second Congrea-First Session.
FRIDAY, MARCH 5, 1852.
ORDER or BUSINESS.

MIR. HUNTER. Ii being private Dill day, move 70
suspend the order OF the Senate for one hour VIII
that my object in making this motion s to ask The
Senate during that hour TO take up a bill that ought 10
have passed long OH m 70 s 81 hs 'ss reav
peace, and act up government thee' TO settle Their ac-
counts.
The motion was agreed 10.
EXECUTIVE coMMUsIcATIoNs.
message was received from the President OF The Uni
ted States transmitting. in compliance with the law OF
nth August lS4o, the copy OF despatch IRON The com
missioner ad interim OF the United States at Canton, to-
masters officers and seamen of vessels Of the United
States at the free ports oil China, which accompanied
said DESPATCH and which submitted Tor the revision
Of Congress; which was read and on motion by Mr..
BADGER, 1t ordered to lie upon the table, and to
be printed for the OF the Senate.
The PRESIDENT pro TEN. laid before the Senate
communication from the Secretary OF the Navy, trans
mittng, in compliance with resolution OF the Senate OF
the 10th February information concerning the contracts
made for the construction OF dry docks basins, and rail
ways Ktiery, Philadelphia, and Pensacola and also
the contracts made for the construction OF dry-dock
without basin and railway, at San Francisco, which
Mr. GWIN moved that it be laid upon the table, as the
question had been reported upon by the Committee on
The PRESIDENT The information comes in answer
to resolution introduced by the senator from Pennsyl-
vania. Mr. BRoDHEAD
Mr.. BRoDHEAD. should like to look at it, and
have no objection TO its being laid upon the table
Mr. BORLAND | move that it be printed.
Mr.. HUNTER, Tin his seat) We shall never see it
again in that case.
large portion of this document has already been prnted
but am very willing that it should go TO the Committee
on Printing am perfectly s willing TO have everything
| Mr.. BORLAND. My object in making the motion 10
print is sir, that, in making the contract for these dry
DOCKS want all the information furnished us with re-
gard it, OF such documents will not be printed
without an order Of the Senate; if this goes to the
Committee on Printing, they examine il and Judge OF
Mr. BRODHEAD / concur in the propriey of the
that the document should go TO the Committee
on Printing.
MONEYS COLLECTED IN MEXICO.
On motion by Mr.. HUNTER. the Senate then proceed.
ed as in committee OF the whole, to the consideration OF
the bill (S 4) in addition to and amendatory OF an act
entitled An provide for the settlement OF the ac
counts of public officers, and others, who may have re-
ceyed moneys arising from military contributions, or
otherwise in Mexico, approved the 80 OF March, lsas
Mr. HUNTER Mr. President, this is a bill which
was drawn up with great deal OF care by the senator
from Maryland, Mr.. PEARcE,] whose absence now
regret, in order 10 provide for two objects, each OF
which presented questions which were complicated IN
their character The one enable the officers TO
settle the accounts which arose out OF transactions be-
the treaty OF peace and the time when The coec
tor went into California under the laws OF the United
States and the other TO make some provision IN re-
laon 10 what is called the civil fund OF Californathat
say the fund which was collected IRON the duties
on imports between the period of ratification OF the
treaty OF peace and the appearance OF the collector under
the laws OF The United States In relation TO the first
the provisions of this bill have been based upon the
settlement OF the accounts OF ofhcers who collected
moneys in the territories of Mexico during the war
The provisions of that act far they applicable
to this case, have been adopted And upon the same
principles the Secretary OF the Treasury is directed to set
lie the accounts OF officers who collected moneys alter
The ratification OF the treaty Of peace and before The APP
pearance OF the collector under the laws OF the United
Staesa period 10 which the law oil ls4e does not refer
This bill had also to provide for some other things as-
~. nI fkar "a
ring that perodthat is 10 say, alter the treaty OF peace
and before the establishment OF the State government
There then no regularly organized government ac-
cordng TO law but there was provisional government,
which put TO necessary expense IN order TO
maintain the peace OF society The committee, IN con-
siderng the question: came TO the conclusion that II was
proper recognise this government de fdefo mat
as self preservation is the first law OF nature in refer
ence to individuals, also every society had right,
higher than all others, TO protect Itself against a9archy'
and TO establish governmental government de fleo,
il such an Institution should be necessary for that
purpose They also OF opinion that so lar as The
transactions OF this government de Jdeo were necessa-
~ in order to the peace and order OF society," the
validity Of its transactions should be recognised and It's
expenses paid. Beyond ihat-tha is, beyond the strict
necessity OF the caset Is obvious that they could not
bind either the State OF California or the United States
The bill accordingly provides that these expenses shall be
paid upon such vouchers, and upon such statement OIL
the case as shall to be satisfactory IN the discretion
of the President OF the United States We were obliged
to leave large discretion TO the President in order 10
have these accounts settled "
by the commanding general to the overland emigrants,
amounting TO hundred and twenty thousand dollars,
which General Smith caused 10 be furnished them IN or
der TO save them from starvation, should be pad All
of these expenses will be covered by and, indeed.
have probably been paid out Of the civil fund, as II Is
called.
There was also another question-indeed, ! may say
there were two questions-o grave Importance, which
arose out of the character OF this civil fund itself The
civil fund was the money collected from duties between
the time of the treaty peace and the appearance OF the
United States collector San Francisco. IL was collect
ed by order OF the government de focto The rs order
was issued believe, by Governor Mason. This civil
facio government and not under any law OF the United
States The merchants who paid the duties have claim
ed that they ought TO be returned to them, because they
were made to pay them without the authority OF any law
OF the United States When the was examined the
committee TO this conclusion that the merchants
insisted upon the strict execution OF the law as there was
no law establishing port OF entry there, they would nave
forfeited the whole amount OF the goods by introducing
them there and that therefore il boon and bene
fit offered them by the de faoo government when they
were permitted 10 enter the goods upon the same terms
such goods might have been entered elsewhere IN the
United States and that they therefore could not claim
them in equity nor in strict law.
The State OF California took another view oil the ques
ton They seemed to think that the government Of Cal
ifornia was entitled to this civil fund.- because these
moneys collected without the authority OF United
States law The tax paid by the consumers, because
the merchants made out OF them by the increased price
OF the goods The committee did agree in the view
OF the question taken by the State OF California 1t
seemed TO them, recurring TO the same principle OF settling
IT, that If the government de fdo bad pursued strict law,
rather than have acted according to the necessity of the
case. and the existing state Of things there no
law making any OF the ports OF California ports Of entry
the goods could have been brought in at all But the