The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-22

Commissioner oil lle General Land The amend
men proposes 10 make The selection lanlamount 10
patent.
Mr. BORLAND, | desire to inquire of the senator
whether this applies to swamp lands, well lands
granted Tor internal Improvements
Mr.. DOWNS 1t does have provision inserted
in il for that purpose.
Mr.. BoRLAND. Then. think ii very proper | do
moi mink II is necessary for State 10 wait for patent
but that the certificate Of the lands ceded Stale
der the grant ought TO be sufficient
The amendment agreed To-
Mr.. w ELIER. move 10 add al the end oil the clause
making provision for the salaries aud incidental expenses
OF the commission for settling land claims in California
The following
dad proridsd further. That Of said herein
appointed under he act Of Mach 8, 1851 the sum OF
50 900 in lieu Of the compensation heretofore allowed
The amendment agreed TO,
CENSUS OF CALIFORNIA.
Mr.. WELLER. also move to amend the bill by add
ing the following;
That the Secretary OF the Interior is hereby authorized
% adjust the secoaats and pay 70 me respective oeasa
upon satisfactory proofs Of their services he may consider
aed for the taking OF the seventh and pay for the
akng OF those returns which accidentally destroyed
before reaching the Census Office If hey had been
larry returned
Mr.. HUNTER Mr.. President, some provision OF
law is ne doubt required in reference that subject,
but should be more specific and some limit should be
put upon the allowance We should not leave every
thing TO the discretion OF the Secrearythe compensation
OF the officers, and everything else
IL.
ton heretofore made and all the authority given by the
amendment is TO the Secretary OF the Interior TO
the accounts upon principles OF equity As matter OF
course, the taking OF the census necessarily
expensive in California than elsewhere and upon their
producing satisfactory proof OF these unusual expendi
lures-l speak OF their being unusual for they did not
occur else heehe shall be authorized to allow these
men accordingly. Some consumed by fire,
and therefore the agents who took the were
cuded from making their returns to the Office think
Justice requires that they should be paid they had
QUESTION of the law So far it goes il is simply 10 give
authority to the Secretary OF the Interior 10 settle with
these men upon principles OF justice and equity.
Mr. DAVIS. desire to ask the senator if the amount
allowed by this amendment will not exceed the ordinary
MIR: WELLER 1t will exceed the ordinary pay to
agents who have taken the census elsewhere.
Mr.. DAVIS That is not the question. Will II not
exceed the pay which they are authorized to receive by
Mr.. WELLER. II will; because the Secretary OF the
Interior is not authorized TO allow them than was
liked for the I, taking OF the census elsewhere
Mr.. DAVIS. Has he allowed that
Mr.. WELLER Yes sir.
Mr.. DAVIS. Now, suppose there were hundreds OF
petitions presented here at the last session from marshas
and assistant marshals, asking for increase OF com
pensaiion These from all parts OF the country,
and ii would to be reasonable if increase the
compensation in California, that il should be increased
elsewhere 1t seems TO me not prepared 10 go INTO
this matter at this time There many hundreds OF
petitions presented here the last session for increased
Mr.. GWIN Mr. President, will make single re-
mark in regard to this matter There is misunderstand
between the Secretary OF the Interior and those who
draughted the law allowing additional compensation in
California and New Mexico The Secrearydid not put the
cons ructlon upon the law that the senator from
Kentucky Mr. uNDERwooDl did, and il is owing 10 that
that got the taken in California very i'm
perfectly The limitation taken off because the Secre-
taIy placed different construction upon the law from
that intended by those who draughted IT, When the pro-
vision OF the law TO which allude went out-athough
no money was sent on 10 pay the agen,s-hsy went on
and took the There gentleman 10 my own
knowledge who has spent seven hundred dollars, and
whose remuneration, according 10 the estimate OF the
Secretary OF the INTERIOR only FIVE hundred dollars IL
because OF the Interpretation which placed upon the
law by the Secretary OF the Interior that u necessary
to pass the amendment OF my colleague The senator
from Kentucky informed me at the time when COM
planned of defect IN the law, that the defect not In
the law, but only IN the Interpretation OF the law; that
the law gave iu authority TO increase the compensation
OF those agents and under the belief that the authority
given Them, they took the and have not been
Mr. UNDERWOOD The rule which was applied to
all other paris of the United States did apply TO
California II you will examine the act upon The subIsct
IL will be found, PLAIN the English language eau
make Ii-and | so informed my friend from California
when IN conversation with him during the last session
the subect-hat the rule adjusted by the square root
laugher IN reference 10 the other portions OF The United
States did not apply 10 California, because oil the curen
cy, and because OF the circumstances which existed IN
that portion OF the United States and the Secretary OF
the Interior authorized 10 give reasonable cospen-
saion for taking The census IN California That is the
law do not know that go into II now, because
would be necessary to what the Secretary has done,
and what contracts he made. lie had right 10 make
contracts for the doing OF this business IN California and
should like 10 know what contracts he did make whom
be employed and what he agreed 10 pay These things
necessary in order to enable act upon The sub
ect and il seems TO me that cannot be done well now.
Mr.. HUNTER hope gentlemen viii not brig any
controvered questions up now. We must get through
this bill tonight
Mr. GWIN will state, Mr. President, that this is
brought forward the recommendation OF the
Secretary OF the Interior He sent the amendment TO the
Finance Committee. bat that committee bad not time 10
act upon IT, and my colleague offers 1t on that account
The object 10 authorize the Secretary oil the Interior 10
do precisely what the senator from Kentucky he was
authorized TO do The parties with whom the contracts
were made wenton under the belief that we would give
them reasonable compensation. They made out their
accounts and not OF them has got the money which
he expended originally in taking the paid back TO
him, because the Secretary puts limitation upon thslaw
that those W ho drew The law never did.
The question being taken on the amendment there were,
on division-ayes IS, noes Is.
The PRESIDE OFFICER, (Mr. BADGER in the
cbair) The Chair votes IN the Affirmative. The amend
menl is therefore agreed to.
MIR HUNTER. | should like TO have recount.
Mr. CLARKE ask for the yeas and nays.
Mr. WELLER ii is too late; the result has been an
nounced
The PRESIDING OFFICER. The vote stood IS ayes
TO IS noes, not counting The vote OF the Chair The
Chair voted AYE which made the result ~ ayes, IS
noes. OF course the anne ndment is carried.
MIR. HUNTER The Chair bad no right 10 vote after
announcing The count.
The PRESIDING OFFICER The Chair did no, an
the result II announced is ayes and is noes
and that The Chair voted in the Affirmative.
Mr., BORLAND. | ask for the yeas and nays on the
amendment
t,lf huah npn NM CpI