The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-03


many other honorable senators 10 be IN The same situa
ton with myself The proposition is now before lhe
Senate, and both of the honorable senators from Calo
MIA admit II 10 be proper and right and one 10 whicn
there can be no objection. But in my opnion u amend
ed as proposed II will be defeated. lhe delay eohss-
quent upon the reference should the bill be reported back
10 the Senate with the amendmsnt proposed by Tue seha
tor from California will, in my opinion, defeat or al
least greatly hazard the measure which everybody aq-
mlts TO be right and Just in itself which the ohoaoie
senator from California himself says TO be rgh', ana one
which he will vote for Under these circumstances
cannot vote either for the reference or The amendment
but shall 70 Tor immediate acon on 'his Dill IN, r;v;oo
Mr.. GWlN Ali ask Is 10 put the Senate blli, giving
S3oo,o0o TO California, upon which we have already
voted, place OF this bill That is all ask Whether
it is referred not shall make point upon that, and
take for granted that the Senate VIII not reverse lhef
oyn action.
Mr.. RUSK voted for the allowance of $500 900 to
the State OF California, and would be now willing 10 Voe
her much larger sum. | think she is entitled 10 H.
The money raised there But Il Is useless 10 go INTO
investigation OF that subject now because lis but Incl
den,aly before The object OF lhe motion oi the non
orabe senator from Caornla 10 refer this bill to com
mtee is Tor the purpose OF attaching that former bill as
an amendment to this bill. Now, submit 10 hun that
such course will embarrass both questions would
for the amendment he proposes as separate measure
but cannot vote for 1t an amendment to TINS DILL
This bill is for the purpose OF settling the accounts oil
Brgader General Reilly who collected under me orders
of the government large OF money in California
can difficulty, lar as California IS concerned,
that the balance OF this money should be paid into the
treasury Of The United States, Tor It IS already there
Mr. RUSK Ii may not be legally a part OF the treas
of the United States but It is already deposited there
for safe keeping And ahat this bill proposes TO do to
relieve this merorous officer from the embarrassing cir
cumsances of having large sum OF money IN hs
charge II Is already in the custody and keeping OF The
United States and, far California concerned ii
makes no difference whether it still remains the hands
OF Gen Rely under his responsibility, or IN the keep
ing of the United States The keeping of his accounts
stronger claim to the money than ehe would have il this
bill should be passed Under such circumstances, must
against the reference ol lhls bill The subject has
been before the Senate, and understand before the
Committee on Military Affairs, and the accounts OF Gen
Reilly have been examined by that committee. do not
see why Gen Rely should not be put upon the same
footing with other officers and be allowed to retain
very small per cenlage OF the money be collected Un
less reasonable objection can be started TO this
bill, | vote for it. | understood the honorable
senator from California Mr. GwlNl state that he had
no objection TO this bill itself, except lar as it might
settle the question TO which the other bill related.
do not consider that any obecoS TO the passage OF TINS
bill. and shall therefore yoe tor H.
Mr. GWiN 1 would ask the honorable senator from
Illinois Mr. SHIELDsl whether this bill has been
ined at all by the Committee on Military Ahairs'
Mr. SHIELDS | never did examine this bill. We
have examined similar and the principle involved
in this bill in relation TO commissions. But whether
that be so not will my honorable lend from Cafor
MIA note this singular iact tha, those senators who
for the passage OF this bill are also in favor OF
the he advocates Now Is 1t treating General
Rely well at this time, while every one admits that his
bill Is Just and one, embaTras by other
ures tha, must pass this session If there be any officer
who deserves generous treatment II this oicer Let
examine il there be any objection TO the bull the prn-
cple OF it, the amount There is no objection to II,
and for that is 10 be made carry others
through, that may be equally just for aught know to
the contrary To do that, and thus endanger the whole.
is not treating this oftceT well.
Mr. GWlN | do not object 10 the principle OF paying
General Rely al all. That well understood nobody
objects to that But there Is another important principle
involved in this bill and that is, that this civil fund
shall not be paid to California, but into the treasury Of
the United States That is the order OF the bill. 1t shall
be paid into the treasury OF the United States. although
the Senate has heretofore said by unanimous voe that
large portion of shall take another direction And there
is another difficulty about this bill II undertakes TO defend
General Reilly against sutssuiis brought against whom
Not against General Rely, for he not the party sued
The party sued the collector that General Rely appoint
ed If you intend TO defend that meriiorous olcer
against such suits, why not have the bill drawn up
TO defend the party who is the real defendant IN these
suits Ii is the collector that is sued, and General
Reilly The Is IN the Supreme Court OF the United
States and II you are gong 70 defend any one why not
have the IN the bill OF the party really sued
Mr.. BADGER think a just view OF this subject
will show the honorable senator from California that
there is real difficulty in that provision OF the bill TO
which he objects. defending the extent OF the right
of the collector OF this money The money, as stated by
the honorable senator from Texas Mi RusK isnow IN
the custody and keeping OF the officers of this govern.
ment The only effect of the provision OF the bill to
which he objects is TO put this money formally and e-
gay in the keeping OF the officers OF the government
Now in what possible mode does ha, affect the question
whether this money ought or ought not 10 be paid TO the
State OF California; In no way whatever that can
perceive rhe money collected by General Rely as
an officer OF the United States under the authority of the
Unei States, and OF the proper place TO put is
prma faeis the treasury OF the United States When
it is put there does not follow that retain il
against any lawful claim oil California On the contrary,
ii is then legally and formally put into the treasury
Of the United States and legally and formally subject
ed the control OF the officers Of the treasury,
as 10 be legally and formally subject TO disposition
through the agency OF those officers. Ii does Affect
this matter all shall vote against this reference II
the amendment proposed by the honorable senator from
California up for consideration, should vote
against II, not declaring any opinion whether this
money ought ought not 10 be paIl TO California Upon
that express opinion, and have formed opinion
should vote against II, because should consider
inappropriate 10 thus bill, and because should be
emely reluctant indeed 10 do anything TO enbarrass the
gallant old veteran for whose benefit tins bill propoed
Mr.. BUTLER Before this discussion took place, 4
should have voted for reference OF this bull, because
think there is great security in observing the forms and
proceedings OF body But this discussion has dis
closed TO considerations which lead me, matter o
justice TO vote for this bill now, because II Il is referred
10 committee II will come hack TO us overloaded that
il must sink, and this gentleman, General Reilly, will
then have the opportunity. suppose, OF having the
adjustment OF his accounts, and his age, and
and situation all demand prompt settlement OF them
II the amendment spoken OF by the honorable senator
from California be brought forward, is very well known
many OF us believe that this fund alluded TO belongs 10
this discussion, shall vote with very clear conscience
- H.