The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-18

deceased and bill 10 surrender 10 the State of Ohio
the unfinished portion OF the Cumberland road IN sad
Stale aud they delivered 10 the committee, 10 De
presented to The President OF the United States
CHARLES W. MORGAN.
Mr. HALE Mr.. Presidents deste 10 call up
Tor consde alton resolution which has been before tue
Senate several tmes-I allude 10 the resolution IN rra-
lion TO Commodore Morgan. Whea was up the othef
day, wished 70 Withdraw IT, but The honorable senator
from illinois Mr. SnIELDsl objected TO that being oone
because he wished 10 accompany Il by statement
have conversed with that honorable senator since I'D re-
aton TO the matter and he now concurs win me IN lhe
pTopreiy of allowing the resolution 10 be Withdrawn
the Senate will give leave wish to have II aken up
for the purpose OF allowing me to withdraw II ana
while do so, wish TO make very briet statement
The resolution was then taken up Tor consideration
Mr. Il. now ask leave 10 withdraw the resoiunon;
and in making that request wish to say tbs IN Jnsce
TO Commodore Morgan, and 10 everybody else concerned
have no knowledge OF any charges that may oe sup
posed to be Indicated by the resolution OF inquiry nor
have any information whatever IN relation to me mat
ers therein alluded TO- except what came second hand
from source upon which relied but If there has been
any injustice done 10 Commodore Morgan, nobody can
regret it more than do. In one single deed o my
life have ever aimed al doing injustice to anybody
When offered The resolutions did under information
which TO me from source that though July en-.
titled 10 credit Since the resolution was introduced
Commodore Morgan has died. and OF course there can be
no investigation If injustice has been done 10 his mem
ory, he has not friend upon the earth who regrets
than do; and under these circumstances, hope
the Senate will give leave withdraw the resolution
No objection being made, The resolution was according
ly withdrawn.
Mr. SHIELDS l. am very glad that the honorable
tor from New Hampshire has expressed such sentiments
as he has done this morning. | always believed that
those his general sentiments and that he merely de-
sired that justice might be done and under all the cir
cunstances have no desire to insist on presenting the
letter to which made allusion the other day.
M'KEAN BUCHANAN.
Mr. GWIN now ask the Senate to take up pri-
vate bill which has been long time upon the calendar
1t is the bill for The relief of Mexican Buchanan and
think il will only occupy few minutes.
The motion being agreed to, the Senate proceeded to
consider said bill, which read second time and
sdered rs in committee of the whole 1t proposes that
the proper accounting officers Of the treasury be author
lied and directed to pay Mexican Buchanan, puser
in the navy, out of any money the treasury not other
wise appropriated. the sum OF $5,277 &c. in full
alton for the losses sustained by him purser OF the
United States ship Constitution during the years 1885,
1910, and lS4l in consequence OF illegal order OF
Commodore Claxon, reducing the emolumens accruing
said purser during the cruise of said ship below the
amount 10 which he was entitled by Usage and regua
uone
Mr.. HALE asked that the report accompanying the
bill might be read and il was accordingly read
Mr. HALE. Mr.. President, wish that we could know
about what the purser made this reduced
do not know MYSELF but understand
that under the old law the compensation OF these porsers
used 10 be extravagan that Congress fit 10 inter-
pose and give them salary by law 1t TO this
is novel proceeding. The captain OF ship or oHcer
Of squadron would probably be likely to know, in The
exercise OF his discretion, what would be fair per cent
age. Ii seems 10 me that the per centage which the puF
says he was entitled 10, and which they used TO re-
ceve, is enormous, beng twenty five per cent on one
class b articles, and fifty per cent another. II APP
pears that the commodore, in the exercise OF what he
supposed to be legal dscreon cut down these enormous
by which the pursers growing rich out OF the
arnngs OF the Sailors and, the instances SO very
in which commanding officer does interfere 10 pro-
ec sailors from the rapacity OF those who grow rich out
Of their earnings, think that should be slow in inter
erng with them This matter, il seems was referred 10
The Secretary OF the Navy according the statement of
The report, who approved Of what the commodore had
done, and refused 10 interfere This individual then
went to the judiciary, and they refused TO interfere.
Mr.. GWlN They did interfere.
Mr.. HALE. The ultimate tribunal refused to inter-
feIe. Some subordinate tribunal nerfered, but under
stand that the judgment OF the ultimate tribunal
resual interfere. Here, then, is interference made
by the captain OF The ship, commander OF the squadron
approved by the Secretary OF the Navy cuinE down the
pTGh,s Of tbs par.s' 1Sm and my per cent 10
whatl To make up 10 the purser what The commodore
xept him from making out OF the sailors That the
whole OF IT, understand iha thus purser used to make
something like Oooo on one OF these long voyages or
from five to ten thousand dollars and the commo
dore thought that he cut down the profits
and his act was approved the Secretary oi me Navy
what he did not make in consequence OF The reduction OF
this enormous per eehiaRe That is the whole case.
Mr.. GWlN. Mr.. President, am not going 10 detain
the Senate. This claim has been fully brought TO the
uce OF the Senate by the report Just read According 10
the regulations OF the Navy Department. certain per
centage was allowed TO the purser This claim is not
but upon articles OF secondary necessity and articles OF
luxury sold 10 the officers, upon which the commodore
cut dos the per ceniase because II would put money
into his pocket IL did not affect the sailors al all,
for The articles upon which The profit was made were
altogether OF secondary necessity IL was the established
regulation OF the department TO allow this per esnlage
and The purser laid in supply OF the articles, under the
reasonable expectation that he 10 receive the per
centage At that time the salary OF purser very
small; since then the laws have been altered And,
s every that acted upon the decided in favor
of the purser declaring that the customs and regulations
of the department authorized him TO cacblae upon this
profit except the Supreme Court who dismissed the
because they had jurisdiction over IT. That was the
sole ground Of their refusing 10 interfere and they say
that Congress ought TO grant relief The petitioner,
therefore, TO Congress with bis CLAIM examined
by order OF the Treasury Department and this is the
innate that is sent 10 equitable and proper sum
10 be allowed hope The bill will pass.
Mr CASS | have word TO say upon this question.
recognise right obligation on the part OF Congress
TO pay for the illegal OF any officer OF the
whatever unless under very extraordinary circumstances,
during war for instance, when the safety OF the
try requires It, Under ordinary circumstances am ut.
iery opposed TO sanoonine any such obligation II this
claimant has suffered injury, he has right TO suit
al law against The party who inflicted il.
The bill reported 10 the Senate without amend
ment and the question being stated on ordering to be
epgrossed
Mr.. BORLAND asked for the yeas and nays which
were ordered
Mr. B. then said Before the question 10 taken, have
word TO say in regard 10 the vote shall give, The
aior IRON New Hampshire Mr.. BALrl very fairly stated
in m navy who was prevented by the commanding of.
blian pTohf he goods