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

GwISl can be heard and by which il be determined
and decided whether this amendment proposed, or any
other amendment ought necessarily tu prevent the pas
sage OF this bill
MIR MASON. | submit to the honorable senator from
mtee on Military Affairs. II he will. with bis motion Of
reference will submit the motion TO refer this bill 10 the
Committee en- Military Affairs
MI. GWlN. will say 10 the honorable senator from
Virginia, Mr. MASON that this involves the settlement
OF accounts 10 the amount oil 81 200, 900 10 y 900 900
Mr. MASON. It is military case.
MI GWlN No, sir il is civil case, and belongs TO
the Committee on Finance.
The bill then read through for the information of
the Senate II authorizes the settlement OF the accounts
OF Brgader General Rely for moneys collected, and
pended by hun IN various ways while governor OF Cali
lorna, aud directing him TO pay into the treasury OF the
United States any balance OF the moneys collected as
may now be in his possession or under his control, re-
serving to himself commission OF one per cent upon
The amount collected and providing also, that the said
Gen Rely shall be responsible in degree under any
suits ha. may be brought against him in regard to col
lecting the above moneys in California
MT CHAkLTON | may be mistaken, but suppose
II requires the unanimous consent of the Senate TO take
up this bill now; and if that be So what object is to be
gained BY voting against the sending OF this bill to the
Finance Committee? am very anxious TO have this bill
taken up to-day but that 10 be mpraccable if, by
obecng to it, the honorable senator from California can
have The bill postponed until Tomorrow; and II may as
well 60 TO com mmlttee as TO lie upon the table. Yet
however anxious may be 10 pass this bill as simple
act OF justice and duty TO merorous officer, still can
mol vote IN the negative until my question is answered
The PRESIDENT The bill has already been read the
first and second times by unanimous consent II is now
before the Senate and they must determine whether they
WIN Teler 70 commliee or proceed to consider II IN
committee OF The whole.
MIR BADGER. What is the question now before the
Senates
The PRESIDENT The question is upon the motion
oil the honorable senator from California AIR. GwINl to
refer this bill to the Committee on Finance, upon which
question the yeas and nays have been ordered.
Mr. WELLER | have but a word or two 10 say up
on this bill 1t is OF great Importance my State
N some respects II has usually been the practice OF
the Senate, whenever bill came to them from the House
OIL TO refer to one of The standing
mtees OF the Senate think that rule that practice
OF The Senate ought never to be departed from without
very good reason aud desire to know why il is that
the rule, which has been SO uniformly observed hereto
fore should not be observed in this Here is bill
brought to from the House OF Representatives. which
senators have not yet had time TO investigate, and ef
fort made TO have il passed here without any refer
ence at ALL Now, do not desire embarrass the set
Elements OF the accounts of Gen Reilly. am sure the
California delegation do not wish that but do not
desire that the question: which has long been before
this Senate whether California shall have that civil fund
or whether II shall go into the treasury of the United
States. shall be embarrassed by the settlement OF these
accounts Now, sir this bill undertakes 10 determine
that point II directs that this civil fund shall be paid
over TO the treasury of the United States. We, as the
representatives OF California claim that that money ought
not 10 go there a, all that in right OF justice il belongs
to the people OF California. This Senate by bill which
passed two Years ago, decided in effect that this fund
should go TO the Stale OF Calforniaa bill to that effect
passed here That proposition sent TO the House OF
representatives but in lieu OF that they have sent
bli whcb proposes TO give a diieren, direction 10 that
fund. II that does not involve question which ought
receive the serious consideration and investigation OF
OF the standing committees OF this body then know OF
no question that does. IL is from disposition. there
lore, TO embaHass Gen Rely IN the adjustment OF his
accounts that desire this reference, but because
are unwilling that The Senate shall, without investiga
ton, determine this question, and settle II differently from
what they settled II two years since
Nr. GWlN. wish to make one remark in addition
TO what my colleague (Mr. WELLERl has Just said
Gen Reilly did not collect all the money in question
Gov Mason collected large portion OF IT and If any
provision TO be made refererce the collection OF this
fund, why should all the officers concerned be provided
for IN this bill In addition to that here with IN
strucons unanimously adopted BY our esisature-yes
instructions twice sent usto coaend that this fund shall
be paid into the treasury OF California Yet here is
express order in this bill 10 Gen. Rely pay this money
into the treasury OF the United States in favor OF
the settlement OF the accounts of Gen. Rely and
II done speedily. And | undertake 10 say, that il we
amend this bill as propose TO do and send il back
amended 10 the House of Representatives, there will be
ltle or difficulty there. Ii understand this
Iecty II was sprung upon the House a, time when the
delegation oil California were not there. certainly did
not know that there such bill until read il this
morning upon your table, Mr. President was astounded
that such bill should be sent up here, involving the I'M
porant question that is involved here Let II go TO a
committee, and let that committee act upon II, and will
acquesce cbeerfuly in The decision OF the Senate
Mr. BR0DHEAD According to my recollection OF
this matter, had compromise about this subject du
ring the las, session OF Congress II mistake not the
honorable senator from Virginia tMr. Husrsnl or the
honorable senator from California [Mr. GwISl intro
duc.d bill here which we passed
Mr. GWIN. II was the senator from Maryland, [Mr
PEARcE
Mr. BRODHEAD The honorable senator from Mary
land then introduced bill here, which passed. giving
TO the State OF California $500 900 OF this civil
fund | suppose there was compromise upon this sub
ect At all events, something said that time about,
compromising, and my honorable friend from California,
who sits nearest me, tMf WELLrR,l in saying that
bill has passed this body giving this entire civil fund
10 the State OF California, rs 10 admit that ball
passed the opening OF the present Congress giving
5000 900 of this civil fund the State OF California but
understood the chairman o the Committee on Finance
10 say the time that that intended as a compro
mise
Mr. HUNTER fmy honorable friend from Pennsyl-
vania Mr. BRoDHEADl will give way Tor moment, /
will say that he is right in this question, and that did
oppose giving any portion OF this fund 10 the State OF
California, beyond the actual expenses Of carrying the
government there. But | said was willing. as the bill
had many important features, aud gentlemen thought
California entitled TO the whole, TO vote for that bill
a compromise That the way the bill passed
Mr. GWlN. My friend from Arkansas -. Boa
LAsDl will inform the Senate that at that time he pro-
pounded the question TO me, whether, passed the bill
then under consideration would give up claim TO
the balance, and sad "no"
Mr.. BRODHEAD | recolleci very well that the
honorable senator from California INT GwISl protested
against the compromise that seemed to be gong be-
tween other members OF the Senate But voted for the
bill granting $500 900 of the civil fund of the State OF
California under the idea that the matter wa. to be thus
ended II am right IN my recollection OF the matter
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