The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-05-11
THIRTY-SECOND CONGRESS.
SPEECH OF HON. J. A. PEARCE,
OF MARYLAND,
FIRST SESSION
OF MNNILhNU,
L. n,ur GrNArH Hu.iI 30 1870

SFEECH VI HUN. d. n. TEh hOrl,s
OF MARYLAND,
In THE SENATE, April 90, 1852,
In reply 10 Mr.. GwrN, on the governmental adj
ministraton Of affairs in California.
The Senate ms in Committee the Whole, resumed the
consideration bill from the House of Representative
10 supply deficiencies in the appropriations for the
Of the fiscal year ending the Both OF June, 1859.
Mr. PEARCE rose and said
The Senate, trust, will pardon me for departing
from the line of debate strictly proper at this stage
of the discussion. | consider il a necessity which
cannot disregard to do so. Upon the introduce
ton Of this bill, remarks were made by the chair
man of the Committee on Finance, Mr.. HUNTER,
and by the Senator from, California, Mr.. GwM,
inculpating the present Administration. Those
charges have gone forth TO the public. They are
now making some impression upon the public
mind; and, il not answered promptly, those inn
pressions may become fixed and ineradicable, 80
that no force Of fact or argument may suffice to
remove them. The Senate knows that have, rot
been in the habit Of INDUCING in what is called
partisan debate. take no pleasure in elimination
or recrimination, but the task have before me is
not that Of partisan debate. My purpose is to
vndcate men Of pure and honorable character,
engaged zeaIousIy in thefathfu discharge Of duties
us arduous as they are important.
The Senator from California has made an open
and avowed attack upon the Administration. He
has charged them not merely with official negli-
and even with the reward of them. He has en-
deavored to fix upon this Administration the re-
sponsbility of the errors, real or imaginary, Of
General Taylor's administration, although the
Senate must perceive with how little justice such
an attempt as that can be made. As well might |
undertake to charge upon the Administration Of
Mr. Polk the frauds, populations, and defalcatons,
enormous in amount, and almost incalculabe in
number, which were perpetrated under the adj
minstrations Of his Democratic predecessor. The
Senator from California has pointed out specific
instances Of violation of duty, and hehas attempted
TO sustain his charges by documentary display
Of several columns. 1t will be for the Senate to
Judge, in the sequel, whether the success of this
attack is equal to the rashness which prompted it,
or the vigor with which it has been prosecuted.
The Senator from Virginia was more moderate
in the tone Of his speech, which | had not the
pleasure of hearing, not being in the city when 1t
was delivered. AS reported in the Globe, be-
lieye he dscaimed any purpose of assaing the
Administration. Sometimes he bestowed faint
praise upon the head Of Department, then, again,
he might be said to " hint fault, and hesitate dis
like" At another place, he spoke of abuses, and
of a system of mal-administration which the mem
bers of the present Cabinet were tardy in per-
ceiving and feeble in correcting. He fancied that
the reforms which the present Administration had
undertaken came too late; that they did not go
far enough; that they did not strike at the root of
the matter; that they required the stimulus of
Congressional criticism. He said that he thought
these gentlemen were not born TO remedy the
evils which had prevailed, and which still afflict
the public service. All this was said on the eve
of a presidential election. Now, sir, we know
how greedily the minions of party catch at accu-
sations; and how, particularly at time like this,
such speech as that, coming from the Senator
from Virginia, who, during very considerable
experience in this body, has earned a reputation
for fairness and candor, might, from that circum-
stance alone, derive peculiar point know not,
indeed, whether, il unanswered, his speech would
not operate with more injustice upon the
Administration than the more open attack Of the
Senator from California. i know TIA; II will, in
some respects, require more critical analysis.
shall endeavor to give it that analysis; and hope
shall be able to satisfy, the Senate of many errors
into which he has fallen, as well as TO expose the
more palpable mistakes of the Senator from Cali
fornia shall commence with the remarks Of the
latter Senator, not combining myself, however,
entirely 10 the defense Of the present Adminstra-
ton, but adverting, as briefly may he, to the
charges brought against the administration Of Cen
eral Taylor
istration Of General Taylor might have escaped
these assaults. That gallant, honest, artless old
patriot has gone down to the tomb There lie
sleeps, as
ssSleep the brave, who sink to rest,
By all their couniry's wishes best"
The members of his Cabinet no longer hold
official stations. Not one Of them has an Execu-
tive Office or a seat in either House of Congress.
Not Of them is here TO repel injustice, or even
10 furnish his friends with the Of defending
him. do not know that ] shared very largely
in the confidence Of that Cabinet. Still there were
gentlemen in il with whom | recognized the rela-
tons of personal friendship; and ] will not permit
them now or hereafter to be assaied enormously,
and therefore uniustly, when have the means Of
their defense in my hands.
The Senator from California started with a
charge which, If the Senate alone were concerned,
| should not think il worth while to refute. But
these things make an impression upon the public
when not contradcted Hence IL is that notice
them. The first charge the Senator makes, is,
that very soon after General Taylor's Inaugural
ton, he selected an agent TO visit California upon
public business--that the gentleman whom he Sc
lecied had been, during the preceding fall, elected
member Of the House Of Representatives-tha his
term of service commenced on the 4th Of March,
although the Congress in which he was to take
his seat, would not, by law, meet until the follow
ing December; and he considered this to be vio-
lation Of that provision Of the Constitution which
declares that " no person holding any office under
the United States, shall lie EN- er &c either
House during his continuance in ONCE" Now,
what member Of the Senate is there who supposes
that an agency, such as tina, conferred upon Mr..
Thomas Butler King, an office within the
meaning Of the Constitution What is an office
II is thing created bu lac. But an agency, de-
rived from and created by Executive appointment,
is not thing created by law. II is a very differ
ent thing. and does not come within the letter or the
spirit ofthe constitutional provision. Besides, these
are not new things. The Senator from California
must remember that there has been scarcely a
President since the foundation Of the Government
who has not at some time or other selected an
agent for the performance Of duties very similar
10 those which were inirus,ed to Mr.. King. Why,
not to 20 any further back than the time Of Cen
era Jackson, who does not remember that he
depuied gentleman of this city To go TO Texas
for nearly the same objects rs those which Mr..
King was charged with in California; Mr.. Polk s
administration, as the gentleman from Vermont
mr. UPHAMl suggests, appointed Mr.. Hopkins
as Executive agent to Paraguay IL is not an
uncommon thing ut all. il is not necessary for
me to multiply instances to the Senate. The SEN
ate know that there is nothing extraordinary in
it--no startling novelty about it--nothing but
what is common and what is proper.
But the Senator, NOT content with charging the
then President Of the United States with violating
the Constitution by this appointment, suggested
that there was another enormiy--that Mr.. King
was allowed eight dollars day and travelling ex-
penses while away, in addition TO his nav az n