INDIAN TREATIES FROM WHICH THE INJUNCTION OF SECRECY HAS BEEN REMOVED. SATURDAY, AUGUST 14, 1852. On motion by Mr. Atchison, Ordered, That the injunction of secrecy be removed from the following treaties, to wit: Treaty with the See-see-toan and Wa-pa-toan bands of Dahcotah or Sioux Indians, concluded at Traverse des Sioux, the 23d of July, 1851. Treaty with Med-ay-wa-kau-toan and Wah-pay-koo-tay bands of Dahcotah or Sioux Indians, concluded at Mendota, the 5th of August, 1851. REPORT OF THE COMMITTEE ON THE JUDICIARY ON THE MEMORIAL OF CHARLES GRATIOT, FROM WHICH THE INJUNCTION OF SECRECY HAS BEEN REMOVED. TUESDAY, AUGUST 31, 1852. Mr. Badger, from the Committee on the Judiciary, to whom was referred, the 15th January last, the memorial of Charles Gratiot, submitted the following report: The Committee on the Judiciary, to whom was referred the memorial of General Charles Gratiot, after a careful consideration thereof, ask leave to report: That the prayer of the petition is for the expression of the opinion of the Senate upon the legality of the proceedings in the dismissal of the petioner from the army of the United States. The simple expression of such an opinion scarcely seems consistent with the duty of the Senate, or compatible with the public interests; for it would, very possibly, imply the necessity of ulterior proceedings, not contemplated in the petition, and which it would be manifestly improper to originate in this wise or from this committee at all. As far, however, as the committee may be justified in pursuing the course desired, they will proceed very cheerfully. The career of the petitioner in the army of the United States, during a long period of nearly forty years, is a matter of history that may justly excite the pride and admiration of every American citizen. Brave in battle, he presided for a long time, with distinguished honor and ability, at the head of one of the most difficult and arduous bureaus of the military department, and has left to the country lasting monuments of his skill and science, in the construction of various magnificent fortifications, both to exhibit her strength and to ensure her safety. While thus honorably and usefully employed in the public service, for so many years, he was constantly confided in by his country, and never abused her confidence, in the disbursement of immense sums of money and lived honored and respected by all classes of men, with no taint of suspicion attaching to his name. With a character so high to sustain him, the charge of malfeasance in office should be received with great caution by the people and rigidly scrutinized by Congress, and no unjust influences of any nature whatsoever should be permitted to prevail in his case; but if, unfortunately, such influences do obtain ground, then it is obviously the imperative duty of Congress to remove them, for no higher duty devolves upon the federal legislature than the protection of the honor of its military officers, of which it is, necessarily, to a very great extent, the chief custodian. In the attainment of this object, no obstacle whatever should be allowed to interfere. Wherein legislation is deficient it should be supplied, and all bars of rules and regulations of the service should be removed, for nothing can be so dear to the American officer as his honor, and nothing should be more assiduously guarded by the American people than that; for the honor of the soldiers of the republic is in no small measure the life and spirit of enlightened freedom. With these brief general observations, the committee will as briefly revert to the case of the petitioner. The case of General Charles Gratiot, who was the chief of the corps of engineers in the army of the United States, has been so elaborately discussed in every circle, and so fully reported upon to Congress, that the history of the whole case is familiar to every one. The alleged grievance which constitutes the cause of his dissatisfaction, was the summary dismissal of the petitioner from the army in the year 1838, by the President of the United States, first, upon the plea that the power thus exercised was arbitrary and contrary to the true meaning and intent of the act of Congress conveying it; and, secondly, that a defalcation in the accounts of the petitioner, which was the cause assigned for the removal, did not and never did exist in truth. In support of his first plea, the petitioner exhibits a mass of testimony, which is certainly entitled to be very calmly weighed and measured, and among the same is the opinion of the general commanding in chief upon a parallel case, than which no authority can be higher. In support of the second plea, he denies, totally, the truth of the charge of defalcation, and contends that he is not and never was indebted to the United States for moneys misused by him, and that a just and legal adjustment of his accounts will bring the United States in debt to him. That the withholding of the funds, upon the demand of the Secretary of War, was a measure of self-defence justified by the circumstances of the case, and that he was then and is now prepared for an equitable settlement, which is his demand and desire. It seems to the committee that both of the pleas are reasonable, and should receive attention, urged as they are with the earnestness of conscious rectitude by a gallant soldier, who has acquired a right to be heard, from the blood he has spilled in battle. Further than this the committee regret that they cannot go, as it is not in their power to afford an adequate remedy by recommending the passage of any law for the relief of the petitioner; and they, therefore, ask leave to be discharged from the further consideration of the subject. The report was read. The Senate, by unanimous consent, proceeded to consider the said report, and, in concurrence therewith, Ordered, That the committee be discharged from the further consideration of the subject. On motion by Mr. Badger, Ordered, That the injunction of secresy be removed from the said report and proceedings thereon, and the documents submitted therewith, and that they be printed for the use of the Senate. INDEX ΤΟ BILLS AND JOINT RESOLUTIONS No. 1 OF THE SENATE AND HOUSE OF REPRESENTATIVES, THIRTY-SECOND CONGRESS, FIRST SESSION. BILLS OF THE SENATE. Title and action. A bill granting the right of way and making a grant of land to the amendment proposed by Mr. Geyer (yeas and nays) ordered to be engrossed.. passed, (yeas and nays).. 2 A bill to grant to the State of Ohio the unsold and unappropriated lands remaining in that State 3 A bill granting the right of way to the State of Missouri, and a portion of the public lands to aid in the construction of certain railroads in that State Page. 7 31 41 82 140, 144, 156 175, 180, 203 209, 211, 215 218, 229, 232 241, 246, 250 260, 266, 277 153, 279, 280 281 281 281 284 8 31 34 40 72 353 356 reported amendment amended, and ordered to be engrossed. No. 3 Title and action. A bill granting the right of way to Missouri, &c.-Continued examined.... signed.. 5 6 presented. approved.. A bill granting the right of way and a portion of the public lands to read..... read the second time and referred reported with an amendment..... amended and ordered to be engrossed. A bill to authorize and direct the payment of certain moneys into the read the second time and referred.. A bill to establish a branch of the mint of the United States in Cali 7 A bill to provide for the survey of the public lands in California, the granting of donation privileges therein, and for other purposesread 8 A bill to create a board of commissioners for the examination and read. read the second time and referred. reported..... recommitted. reported with an amendment.. amendment concurred in, ordered to be engrossed, and passed... 9 A bill to grant to the State of Missouri a right of way and a portion of the public land for the purpose of aiding in making a railroad from St. Louis to the western limits of said Stateread... read the second time and referred. 10 A bill granting the right of way and making a grant of land to the States of Florida and Alabama, in aid of the construction of a railroad from the waters of Pensacola bay, in Florida, to Montgomery, in the State of Alabama; also a railroad from Pensacola bay to Mobile bay; and of a railroad to the Chatahochie and Flint rivers, Georgia read... read the second time and referred. |