The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-29

10 submit 10 the slow chances OF promotion II an Of
hcer in navy thinks proper abandon the
vice and go into the service of foreign country under
the hope OF more rapid pIomollon OF Tor any other
object, II would be the grosses injustice 10 permit hun
have remained during that time IN the service OF the
United States The Senate, trust. is not prepared 10
DO an ael OF such injustice 10 our navy.
Mi: MASON. With all possible respect TO the opin.
ION OF gentlemen who advocate thus measure, II does
seem TO me ii Is OF the most extraordinary PROPOSE
lions ever brought before the Senate Sir, Texas was
annexed to this Union by act OF ordinary iegisla-
hon and we are told that by act OF ordinary egisa,
ilon--and as The senator from Maryland Mr.. P1ARcEl
has well remarked against the letter OF The consultation
and against law-we can bring amongst The ohceis OF
our own government body OF men belonging 10 texas
at the time. How these gentlemen be brought INTO
the navy without nomination by The President OF lhr
United States, and confirmation by The oenale ~
there were other objection, il seems TO me mat would
be paramount one.
Mr.. RUSK. That must be done; they can be brought
in in no other way.
ment but do not see how the ingenuity OF man can
invent mode by which we can take them into our ma
Wy without nomination by the President, and conhr-
nation BY the Senate.
Mr.. RUSK Nobody proposesit.
Mr.. MASON. How can il be done otherwise
Mr.. RUSK. They must be nominated by the Presl-
dent--they cannot be admitted otherwise.
Mr.. MASON. Then, there is no necessity for any
legislation our part The President is the sole de-
posiory Of that power and if be can nominate them TO
The Senate let him do So Ii requires legislation OF
ours bring these officers But the senator from
New Jersey Mr. MnLER] has said, il would be an ACT
OF the grossest injustice to bring them into navy as
is proposed agree that they entitled TO ad-
mission into navy by true and proper construction
OF the article of annexation They have my respect, es-
pecialy one of Them The only one know He is gen.
tleman for whom entertain the very highest respect
know him personally; but nothing can lead me 10 dc
what believe wrong in ITSELF and especially an act OF
injustice TO body OF our naval officers.
Mr.. MALLORY In reply to the remark OF the sena-
tor from Delaware [Mr BAYARDl referring to the case
before the Supreme Court my recollection serves me
though have not examined the case for some time-i'
The OF Brashear against the Secretary OF the
Navy, appyin for mandamus compel the Secretary OF
the Navy 10 pay him his compensation as an officer OF The
navy. The Supreme Courts decision based upon the
fact that the money from the Navy Department paid
upon regular appropriation and cannot be paid out No
mandamus to compel to be paid out unless there
10 appropriation AS far as the Supreme Court took
cog nizance of any other matter than the application for
The mandamus they undertook 10 adudicate matters not
egmaely before them; and that court will not here
after be bound by any decision they may have made upon
points legilimatey presented to their consideration.
So much for the legal question now to the injus-
tce which the American officers will sustain in this mat
ter What right have American officers TO complain, il
the government OF the country, in the annexation of
public like Texas, chooses 10 stpuate. legally equa
bly,, that the officers of the Texan navy shall come into
our navy What right has any officer OF the American
navy TO set up his interest preferences against those OF
his countryl None whatever. The argument is not
worth answering. Ii these men come into the navy
they the ground OF right and not matter
Of courtesy If this placed the ground of courtesy
II shall vote against it, Upon no condition of courtesy
should these officers be allowed to in. 1t is only
upon the ground OF right that their claim should be
tanned. No courtesy should be admitted here.
Mr.. FISH would inquire OF the senator from Flor
ida whether he considers il matter OF right TO bring
TO navy officer Tho stood as lieutenant al the
time he left the navy, and place him over the heads OF
one hundred and seventy three officers who above
him at the time he left
Mr. MALLORY. AS to this matter of right, you will
all recoect that the first attempt TO bringing Texas into
Union by treaty stipulation That treaty stipulation
contained express provision for bring in these officers,
and excluding the executive ocersthe Texas President,
Vice President and heads OF departments were excluded
Then this provision Tor bringing in these officers and
GLIDING other officers, is the starting point. Has the
dton Of Texas in any way changed so that she could
alter her determination to bring IN those officers Were
not the officers occupying the same position when the
Joint resolution OF annexation was passed as when the
treaty proposeds And was not the obligation Of
Texas great 10 bring them 10 when the resolution was
framed by the treaty. Neither the condition Of Texas,
condition, had altered. When the resolution
agreed to, why did not Texas include her officers
Simply because there were so many details 10 be nego-
taed in other important matters, that they laid II aside,
and trusted 10 the hberaly and justice OF the govern
ment
DEFICIENCY BILL.
Mr. HUNTER. | desire to make a report from the
committee OF conference on the deficiency bill. will
that il is the report that had last night
with three exceptions One is that retain, instead of
lose, the appropriation in regard 10 the custom house at
San Francisco The eecond is, retain instead of lose
the appropriation for surveyors in Iowa The third is.
lose instead OF retain the assay office and word
as to that The assay office was recomme nded in the
general report oil the Secretary OF the Treasury wing
that the appropriated for the pupose was not su
Gent TO put up the mint The committee OF conference
had letter to-day from the Secretary OF the Treasury in
which he stated that the was sufficient OF course,
the mint is put up it will be useless TO establish
say Office The Senate committee, therefore, gave way
upon that
Mr. BADGER. | tender my hearty thanks 10 the
managers OF the conference the part OF the Senate.
and congratulate the Senate upon the result of their
labors
The report OF the managers of the conference was read
as follows:
That they have met, and after full and free conference
have agreed recommend, and do recommend to the
That The House Representatives do fecede from Its dsa
eemen the ah and 9Th amendments Of the Senate that
the Senate from It's 9th amendment that Sem
the Sd, 5ih 1lth, and 18th amendments OF the
that the House recede from its disagreement
the provision contained "a line of the 10th amend
men of the Senate and that the Senate in the other
additional amendments of the House TO the said 10Th
amendment OF the Senate that the Senate recede from the
Ist 3D. 9th, and 9Th clauses OF Its 18th amendment; that
and I'D clauses the 18th amendment Of the Senate that
Senate in the amendments of the House the
agree the House amendment the IL clause of its
18th amendment with amendment "a. follows In line %
OF page g. strike word "as" and insert (which ~
that Senate agree the House amendment the 10th
canse Of lis 18Th amendment with an amendment a, fol-
Strike the I'll clause of the said amendment
tanned lines from 49, inclusive that the Senate
much Of its 18th amendment Is contained
s,h that the Senate recede from much of
its 18th amendment is contained In the 9th section and
substitute the folowingi
SIC g. nd be IL further enacted. That the time for re-
ceivng bids under the Of Sd of July 1852 for the
OF mint In California, be extended the LIST of April
1853, and that the Of S3000o0 Appropriated by said
act, so much thereof be shall be APP
Piled only the erection and putting In operation
m purchase