The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-09-11
A CLOUD OF WITNESSES.

mont, from leading ana distinguished senators,
Southern and Northern. Most of them in fact
all of them, except Mr.. Clark, of Rhode Island,
who still survive, are srrayed in the ranks Of
Buchanan Or Fillmore. and their testimony in
fore be regarded as unquestionabe. 1t is not
for them or their friends to gainsay or abate a
word from their high eulogiums.
The debate in which these remarks occurred
was upon q proposition made by General Cass,
as chairman of the Committee on Military AT
fairs, to constitute Board for the settlement
Of the California Claims-the very claims which
are raked up, by the INSCRIPTIONS hacks en-
ployed in the service Of Buchanan, to malign
his opponent. 1t will be seen that every Sen
ator admitted the justice Of the claims, and
every one, except Mr.. Calhoun, concurred in
the propriety of making Colonel Fremont chair
man of the Board constituted for their settle
nent. The bill passed without a dissenting
voice, and appropriated 100000 to settle the
claims, which was more than Colonel Fremont
in his memorial asked for. 1t was not acted
upon in the House of Representatives.
In addition TO the gentlemen quoted below,
there are two or three others, who by support
ing the bill, gave their unqualified appreciation
to the conduct, and their high testimonial to
the merit, of Colonel Fremont. OF this char
acter were the remarks of Mr. Badger, of North
Carolina, and Mr.. Clayton, of Delaware. While
all agreed as to the justice of the claims, and
all, except Mr.. Calhoun as to the propriety of
appointing Colonel Fremont to settle them,
there was a diversity of opinion as to the con-
stitutional power Of Congress to appoint public
officers. The exercise of such power was
held by Mr.. Mason, of Virginia, and others, to
be an Infringement of the prerogatives Of the
President: and while he and those who agreed
with him on this point urged the duty of con-
sttuting the Board, and favored the appoint
ment of Colonel Fremont to be its chairman,
he insisted that the appointment should be left
open, to be filled by the President. Mr.. Badger
and MIR. Clayton, on the contrary, maintained
that Congress possessed the right Of making
the appointment; and they declared that they
irould not cote for The JiH, unless Colonel Ere
mont icds named n IL. Such was their conf
dence in his integrity, his high merit, and his
peculiar fitness for the duty. Mr. Badger olo;n,-
ed that he originated the idea of naming the
officers of the Board in the bill, "because,' -
said he, 81 chose, in devolving the power to
dispose of this amount of public money, in the
peculiar circumstances of these claims. to know
the persons on whose decision and award the
money was to be disposed of. Without enter.
ing into any inquiry, which, | must say, was
unnecessarily brought forward by my friend
from Maryland, as to what would or what would
not be the action of the President of the United
States, if the selection were left to him, /. for
one, did not choose TO commit the selection, as
q general and indefinite subject of choice. to the
discretion of the President, or anybody else" &c.
In Mr.. Badgers logical way of treating a
subject, it so happened, that so far AS We have
seen, be made no remark directly referring to
the character and conduct of Colonel Fremont.
But the above is the most substantial tribute
which he could have paid to the virtues of our
candidate. The same may be said of the re-
marks of Messrs. Clayton of Delaware and
Davis of Mississippi, each Of whom OCCUPIED
the floor repeatedly in support of the bill. of
the constitutional right Of Congress to fill the
appointments, and in favor of the peculiar fit.
ness of Colonel Fremont for the duty. 70.
mark of Mr.. Davis will be found below. to this
effect
MIR. Clayton, after stating that there was a
general concurrence in the opinion "that the
individuals named in the bill are the very men
! that ought to decide upon these claims.r and
that they are not willing to intrust the adm.
dication Of so important matter in California
to strangers, and persons who know nothing OF
1t, or persons in whom they have not equal
confidence with that they repose in Mr.. Ere.
mont and the gentlemen associated with him. ~
proceeds TO declare" Before / vote for the
| bill, desire to know, not only what the Pres
dent may do, but, without any possibility Of
beng deceived, | desire to he assured tina,
these are to be the very men to do it. On
that ground vote. ] am not willing to trus,
that settlement to other men,"
No higher expression of confidence could he
desired.
| Mr.. Johnson of Maryland held the constitu
tional objection against naming the officers O
the Board IN the act constituting it, but insisted
that there was no reason to doubt that the Pres
I ident would appoint Colonel Fremont and tn.
others whose names had been associated will
his. He thought that "the same eyidenc.
that satisfied the Senate that these men oueh
to be appointed, will satisfy, and ought to sat
isfy, the President"
Mr.. CALHOUN, while he opposed the bill, ties
tilted to the merit Of Colonel Fremont. 81,
was the only Senator who opposed the appoint
ment of Colonel Fremont, from a mistake,
idea, as was afterwards shown by Mr. Davis O
Mississippi, the present Secretary of War, a
to tie true nature Of the bill. Mr.. GALLON,
said: =" do not oppose this monstrous measor
on the ground of opposition to Colonel Ere
mont, or either Of his associates ia this higl
commission. OF the latter | know nothing
but l have a slight acquaintance with tn
Colonel, and AN SO fsVorably impressed, as t.
him, that | would as readily trust him as an
other individual. But "a regard for the Consti
! tuition, and the great Fundamental princpl
/. that no man shall be a Judge in his own case
! which eDbraces this, that no man shall settl
his own account. compels me to oppose it."
april IL, is4a.
Mr.. Mason. The circumstance.
attending this war in California must be Der
mitted briefly to alIude to, as they are containe,
in the report of the committee. In my hum