The Congressional Globe: Containing the Debates and Proceedings of the Second Session Forty-First Congress; Together with an Appendix, Embracing the Laws Passed at that Session Page: 2,899
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1870.
THE CONGRESSIONAL GLOBE.
2899
Mr. HOWE. Undoubtedly it is for extra
service. We never pay two salaries for one ser-
vice; but the law is intended to prohibit the
employing of men in two offices, giving them
two salaries.
Mr. SUMNER. Our diplomatic statute rec-
ognizes two salaries. There 13 a special pro-
vision for it.
The bill was ordered to be engrossed for a
third reading, was read the third time) and
passed.
united states postal telegrapii.
The next bill on the Calendar was the bill
(S. No. 422) to establish a postal telegraph
system and to incorporate the United States
Postal Telegraph Company.
Mr. EDMUNDS. The Senator from New
York now absent, [Mr. Coxkling,] I believe,
wishes to be heard on that bill, and I move
that it be passed over.
The motion was agreed to.
national cemktkriks.
The next bill on the Calendar was the bill
(S. No. 474) to amend an act entitled "An act
to establish and protect national cemeteries."
There being no objection, the bill was read a
second time, and considered as in Committee of
the Whole. It provides that from the time any
State Legislature shall have given, or shall here-
after give the consent of such State to the pur-
chase by the United States of any national cem-
etery mentioned in the act entitled "An act to
establish and protect national cemeteries," ap-
proved February 22,1867, the jurisdiction and
power of legislation of the United States over
such cemetery shall in all courts and places be
held to be the same as is granted by section
eight, article one, of the Constitution of the
United States; and all the provisions of the act
of February 22,1867, are to be applicable to the '
same. The second section makes it the duty 1
of the Secretary of War to cause copies of this
present act to be sent to the Governors of all
such States wherein any of such national cem-
eteries may be situated, to the end that the
Legislatures of such States may give the con-
sent herein mentioned.
The bill was reported to the Senate without :
amendment.
Mr. EDMUNDS. I wish to ask the Senator '
from Michigan who reported this bill whether
in the opinion of the Committee on Military
Affairs the passage of such an act as this is
necessary to hold the title to cemeteries that ;
we have been obliged to take in places where j
war was carried onforthe burial of oursoldiers? !
Mr. HOWARD. No, not to hold the title; j
but the question of jurisdiction comes up, which |
is by far the most important. This bill pro- j
poses to give the Federal courts jurisdiction. !
Mr. EDMUNDS. I do not object to the j
passage of the bill. I only wish for one to '1
enter my construction of it as not in any way .
impairing what I believe to be the law, that we
have the right to hold these cemeteries and
manage them where we have been obliged to
take them independent of the consent of any
State Legislature whatever.
The bill was ordered to be engrossed for a
third reading, was read the third time, and
passed.
j. e. clarke and john t. pkabody.
The next bill on the Calendar was the bill
(S. No. 201) to authorize thepaymentof mon-
eys dne J. E. Clarke and John T. Peabody.
The VICE PRESIDENT. This bill has been
reported adversely from the Committee on
Claims by the Senator from Kentucky, [Mr.
Davis.]
Mr. HOWE. It should be indefinitely post-
poned. I make that motion.
The motion was agreed to.
henry a. messengeb.
The next bill on the Calendar was the bill
(S. No. 193) for the relief of Henry A. Mes-
senger.
The VICE PRESIDENT. The Committee
on ClaimR were discharged from the further
consideration of this bill on the 2d of February
last. |
Mr. WILLIAMS. I move that it be post-
poned indefinitely.
The motion was agreed to.
supplies to california indians.
The next on the Calendar was the joint reso-
lution (S. R. No. 115) to provide for the pay-
ment of the claim of Martha A. Estill, admin-
istratrix of the estate of James M. Estill,
deceased, Redick McKee, and Pablo de la
Toba.
The Secretary read the joint resolution. It
anthorizes the Secretary of the Interior to ex-
amine the claim of Martha A. Estill, adminis-
tratrix of the estate of James M. Estill, late of
California, alleged to be due for supplies fur-
nished in 1851 or 1852 for the use of the In-
dians in the northern district of California,
amounting to $3,000; also the claim of Pablo
de la Toba, for supplies furnished to the In-
dians on the Merced river, under alleged con-
tract with an agent of the Indian commissioners
then in California, amounting to $8,040; and
also that of Redick McKee, formerly commis-
sioner and Indian agent in the State of Cali-
fornia, for an alleged balance of account for
services and disbursements made for expenses
and for extra compensation while acting as
such commissioner and agent, from 1850 to
1853, the balance amounting to $7,424 59;
and if, on the examination, the Secretary is of
opinion that the claims, or either of them, or
any parts or items thereof, are just and equi-
table, and that they were contracted in good
faith and for the public service, he is to cause
them to be paid to the respective parties or
their legal representatives; but no greater
amount than that specified as claimed by the
respective parties is in any event to be paid;
and the amount paid in either case is to be
accepted in full discharge of the entire claim.
Mr. EDMUNDS. I should like to hear the
report in that case.
The Secretary read the followingreport, sub-
mitted by Mr. Scott, from the Committee on
Claims, on the 2d of February last:
The Committee on Claims, to whom were referred
the petitions of Martha A. Estill, administratrix of
J. M. Fstill, deceased, praying payment for beef
famished ( he United States Indian commissions of
California in 1351-52; of Joseph Barton and General
H. S. Burton, asking for payment of the claim of
Pablo de la Toba for cattle supplied to the same
commissioners; and of Redick McKee, one of said
commissioners, asking to be refunded oertain moneys
paid out by him as delivering agent for the Indian
department, and also additional compensation as
such agent, respectfully report as follows:
On the 15th October, 1850, Redick McKee, 6. W.
Barbour, and 0. M. Wozencraft were appointed
commissioners to hold treaties with various Indian
tribes in the State of California, as provided in the
act of Congress approved September 30,1850.
Redick MoKee was also charged with the duties of
disbursing agent of the commission, and $25,000, the
amount of the appropriation made by said act, was
placed in his hands.
On the 12th of April, 1851, the Commissioner of
Indian Affairs wrote to these commissioners that the
act approved 27th February, 1851, had terminated
their functions as commissioners; that henceforth
they were to act under their former instructions, as
agents of the department.
That act provided that "no officer or agent so :
employed shall receive any additional compensation
for such service." An act of 28th September, 1850, !
had fixed the compensation of agents at $3,000 per
annum. 1
On the 22d of May, 1851, the Commissioner of Indian i
Affairs (Lea) addressed a communication to tho
agents, informing them that the appropriation of '
$75,000 asked for nad been reduced to $25,000; and j
on 27th June following another communication, 1
saying, " You will have perceived that though $75,000
were estimated and asked for the service in which
you are engaged. Congress appropriated only $25,000,
the amount remitted you on 25th instant, which,
with the $25,000 heretofore placed in your hands, is
all that is applicable to the negotiation of treaties
in California, and when the funds referred to have
been exhausted, you will close negotiations and pro-
ceed with the discharge of your duties as ngentssim-
ply, as the department could not feel itself justified
in acknowledging anticipated expenditures beyond
the amount of the appropriation made byCongress."
In a letter of 10th July. 1851, to T. Butler King,
(Sen. Doc. 4,1853, p. 119,) Mr. McKee shows that he
was aware the appropriation was but $25,000, and
on 29th July he acknowledged receipt of letter of
22d May, 1851.
With these instructions, debts were contracted by
tho commissioners or ageuts beyond the amount of
the appropriations, which, up to 17th February, 1852,
were reportod as amounting to $32,069 79, among
which were tho claims of J. M. Estill for $3,000, for a
quantity of fresh beef, and a claim of Don Pablo do
la Toba for two hundred and one head of oattle.
$8,040. (See Sen. Uoo. 4. 348.)
It is clear that under the instructions above quoted
theso debts were contracted without authority of
law, although those of Estill and de la Toba it does
appear were contracted by the agent in good faith
before rcoeipt of the instructions, and before ho was
aware of the reduction of the appropriation. The
Government has recognized the propriety of tho
action of the agents under the circumstanoes by pay-
ing the other claims; and these claims having been
referred to the Department of the Interior for exam-
in ation,reports have several times been made plaoing
them upon thesame ground as those whioh have been
paid, leaving open, nowover,one question, namely,
whether the supplies claimed for were actually issued,
and stating that thero is no evidence in possession
of this office of the issue of these supplies other than
what is detailed by the commissioner in various
treaty proceedings published. (Sen. doc. 4, sj>l, ses.,
1853, and affidavit of General Burton, filed with the
papers.)
This affidavit and the statement of the commis-
sioner, Colonel McKee,show thatthese supplies were
used for the Government, and it would seem j ust and
equitable that they should bo paid.
KedickMcKee, agent and disbursing officer, claims
$7,421 59, $4,754 52 of that sum being for money
alleged to have been paid by him for boarding bills,
traveling and other expenses, &e„ incurred in the
execution of his duties, from January, 1851, to Ooto-
ber, 1853, and $2,670 27 commission for disbursement
of the funds placed in his hands.
In April, 1865, an examination of his accounts
resulted in a balance in his favor of $2,221, which
was paid to him; and in that settlement items
amounting to the sum ahove mentioned ($7,424 59)
were suspended or disallowed the commissions,
because the Department had no authority to allow
them ; tho act of 27th February, 1851, indeed pro-
hibiting such allowance, and the other claims for
lack of vouchers, because the expenses charged
were for personal expenses when nut engaged in the
Indian service, and for reasons set forth in a " set-
tlement of differences," made 4th August, 1865. For
payment of the amounts thus disallowed. Colonel
McKee appealed to Congress by petition which has
for some time been before the Committees on Indian
Affairs and Claims.
Reports made successively by Commissioners of
Indian Affairs, W. P. Dole, in May, 1865, D. N.
Cooley, in March, 1866, and acting Commissioner
Mix, in June, 1868. all treat these claims as just and
equitable, notwithstanding the reasons for whioh
they were suspended or disallowed, the last roport
even going further and recommending that $1,500 be
allowed to petitioner for his expenses in coming
from and returning to California, in proseoution of
this claim. This report, however, treats the claim
for the disallowed and suspended items as one whioh
should only be allowed on additional evidence. No
additional evidence has been submitted to the 00m-
mitteo, and it is but just to say that the nature of
many of the items is such as to render it difficult to
procure evidence, and that in adjusting them the
circumstanoes and practice of the Department in
similar cases should be considered, and such allow-
ance made as is just and equitable.
The disbursement of the money being a duty super-
added to those of an agent before the passage of the
act forbidding additional compensation, and: devolv-
ing responsibility for which bond and security were
given, the commissioner's claim does not seem un-
reasonable, and we recommend the payment of the
commission of five per cent, on $53,405, disbursed by
him, less $4,525 70 of if, which appears to have been
his own salary. $53,505
4,525
48,880=42,444.
As it appears to have been the custom of the De-
partment to allow expenses such as are claimed by
Colonel McKee, as he is admitted to have discharged
his duties satisfactorily and with fidelity, and as those
associated with him have been paid similar expenses,
the committee recommend that the Secretary of the
Interior be requested to reexamine the account for
expenses, &e„ and to allow whatever amount of the
same, not exceeding the amount claimed in his peti-
tion, shall under the circumstances appear to be juBt
and equitable.* We herewith submit a joint resolu-
tion in accordance with the recommendations of this
report.
Mr. HARLAN. Idonotknowwhatnew light
the Committee on Claims may have obtained on
this subject, bat I think this is an old customer
that has been here year after year for the last
ten or fifteen years, and I remember exam-
•The petitioner also claims interest, and now asks
to add to his demand his traveling expenses, &o..
named in presenting the olaim. The Department
having found enough in the accounts as at first pre-
sented to suspend or disallow them, we do not think
the Government should be held for interest; and we
are entirely unwilling to set the preoedent of allowing
to any claimant his expenses incurred in prosecuting
his claims before Congress.
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United States. Congress. The Congressional Globe: Containing the Debates and Proceedings of the Second Session Forty-First Congress; Together with an Appendix, Embracing the Laws Passed at that Session, book, 1870; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30886/m1/71/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.