The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-10

according 10 your intention. But my objection to this
proceeding lies deeper than this You setting
prscedenn the purchase and distribution Of these charts
that | think We have no night TO establish Where Is
your authority Tor doing this
me 10 interrupt him for moment, VIII say thal agree
with him that this not contingency that ought 70 be
pad for out OF the contingent fund OF the Senate but
understand that these charts have been already engraved
aud published and there is contract made Tor the ano
an order made for their purchase. The only quesuoh
now is, how shall they be distributed
Mr.. BAYARD. understand all that but CONSIDER
that there principle involved an this question OF lar
greater importance than the mere question oil paying io
these documents and will never consent 10 an order OF
this kind, under these circumstances, Tor me asoa'on
OF books be purchased by appropriation our o. he
contingent fund OF the Senate There IS no act OF Con
gess making an appropriation for this purchase but The
appropriation is made out OF the contingent luhu OF ne
Senate. Yet you have, within few days. IN reference
TO the valuable report OF MIR Andrews IN relation 10 me
Of the United States upon our lakes and win
the British provinces this continent decided almost
unanimously that you had authority TO pay Tor lha'
document out OF the contingent fund OF the Senate
Where. then, your authority for the purchase OF
these charts TO be distributed not by senator's but oy the
Secretary OF the Treasury other executive oncer
You have such authoriy IL Is evasion oil the law
TO make any such purchase.
You must Judge Of the intent of the law by the Ian.
guage used therein. And II you take The language oil
the provision OF law often referred 10 In reference
to this question, what may be the private opn
ions of members here, there be no question that
meant to prevent the distribution OF books OF this kind
upon that point in regard 10 that provision OF law, that
nothing said about the distribution OF those charts
but you simply ordered them to be purchased out OF the
contingent fund of the Senate And now you not only
seek evade the intent of that law, which was 10 pre-
such abuse Of the contingent fund OF The Senate
as ths but also to Introduce precedent Tor the use OF
the contingent fund OF the Senate for The purpose o. geo.
graphical charts be distributed by executive ohcers
Is that proper for us TO adopt Ought any res
olulon for such purpose 10 be adopted by u.s. tnnk
not; law should be passed for that purpose and not
simple resolution Of This body Ii you have unahvisedy
purchased these documents the question whether they
shall lie few months more or lees IN your document
here of very little importance in comparison WIN
the establishment oil such precedent as this Lei them
remain there; let do what is right IN principle and al
the session of Congress, let bill De introduced aa-
thorZng action of this kind and will then see wheth
after discussion, the Congress OF the United States
will dspu,e to collectors and other officers OF
that class the distribution OF books in This way
Mr.. BORLAND The original resolution ordered Inc
purchase OF these charts, expressly providing mat hey
should be for The of navgaors upon the coast OF Cal
itorna We have already ordered this purchase 10 DC
made These charts doubtless ready to be delivered
the instant they applied for and the only question
now is whether they shall lie here n some lumber room
until the next session OF Congress. or whether we wl
put them in the hands of person TO be distributed
for the benefit OF navgators upon that coast as was IN
tended by their purchase.
Mr. BAYARD Precisely so; and when | put the
mere vade of these charts against what think the es-
Enlistment OF atrocious principle, think That ques.
ton to be OF very little Importance indeed You can ma
no precedent for this purchase Show me the precedent
IL
with your previous action here, why was 1t you refused
to allow the expense OF publishing Andrewss report out
oil the contingent fund OF the Senator II was because
you deemed II incompetent for you 10 contract any suc
expense 10 be borne out OF that contingent fund And
1t was not proper for you to do that would ask how
can II be proper for You TO do his It's not proper Tor
you TO do and all have to say is II you nave uniof
tunaiely and unadvisedy made the purchase OF these
CHARTS then let them lie until You gel law author
izng their distribution in this way.
Mr. RUSk. great deal Of the argument OF the hon
orable senator from Delaware MIR BAYARDl would have
been good against the passage OF the original resolution
do not see that be would advance single step 10 AVOID
the principle he refers by refusing to distribute these
charts Their proper channel As TO The proprety OF
passing the original resolution, am not certain that
was altogether right Blu, when The honorable senator
dent, beg leave TO tell him that II he viii take the
trouble to look back, be will that there is nothing bui
precedent, The House of Representative and the Senate
OF the United States have bought large amount OF
books, and distributed them among their members.
MIR, BAYARD. But they have not distributed them
among executive officers This is extending the prnc-
Mr. BORLAND. would suggest that nothing is more
common than making order by either house that
portion OF The books ordered 10 be purchased shall be CIV
EN- TO executive officers for distribution.
Mr.. RUSk. And to remedy thus evil, and TO AVOID
this precedent thus established for the OF the contn
among members OF Congress, we passed law, And
what was that law 1t that neither house OF Con-
gfess should distribute among its members any books,
unless they such had been previously ordered by
either or both houses of Congress 10 be printed as public
documents Now, this is not book OF that description.
does this resolution propose TO have these charts dis
,nbued ameng members OF Congress, and therefore this
resolution is not a violation OF that law The honorable
senator from Michigan Mr. STUART is perfectly cor
rect in his view OF this matter. Toe difficulty intended
to be remeded by that law the distribution OF books
among members OF Congress This is matter not in vi
oation OF that law, but entirely within the discretion OF
The Senate In regard 10 this purchase, nave doubt
II would have been better rot TO have undertaken 10 act
separately and paid for this purchase out OF contin
gent fund But that has gone by The purchase has been
over the thousand copies of this chart that we have
purchased 10 the Secretary OF the Treasury to be dsrb
ued for the benefit OF the navigating interest OF this
oUnuy.
. Mr.. BAYARD. presume the reason why there was
express restriction inserted ia the law referred to, IN
relation this mode of distribution that II never
entered into the imagination of members OF Congress
that any such attempt as this would be made II has
heretofore been the OF Congress TO purchase books
and distribute them through the medium OF its members
That practice the law now prohibits IN express terms
But il intended that should 90 further than
the original practice and purchase books TO be distributed
through the medium OF executive officers No such re-
stricon imposed by that law, because they did not
look al any such violation of the law. Therefore my
answer TO the honorable senator from Michigan Mr.
STUART is that. though you have chosen TO pass such
resolution the passed the other day. ordering the
purchase OF these documents, am for letting them re-
main here They can be kept safely until we can get
OF law for their distribution. And will not con
sent TO sanction wrong resolution by yeung for
another OF the same kind
The reading Of the resolution, modified, then
called for, and it was read, as follows;
Rssopsd That the copies of Captain Ringgods chart OF
the coast OF California heretofore ordered to be purchased
NY, for distribution the military and commercial marine
navigating that coast.