that they ought to be, and justly, charged to the contingencies of the service. Your petitioner therefore prays that your honorable bodies will grant him relief in this matter, by an act authorizing the repayment of the amount checked so against him by the accounting officers; an amount which he could ill afford in his present circumstances to lose, and which would never have been occasioned if he had been his own free agent in the matter. And your petitioner, as in duty bound, will ever pray. A. K. HUGHES, By his attorney, Charles De Selding. 1st Session. No. 67. IN SENATE OF THE UNITED STATES. FEBRUARY 21, 1850. Mr. YULEE made the following REPORT: The Committee on Naval Affairs, to whom were referred certain documents, in relation to the claim of Purser Francis B. Stockton for the allowance of expenses of a ball given on board the United States frigate St. Lawrence, report: That it appears, from the papers presented by memorialist, that he is purser in the navy, and in that capacity performed a cruise in the United States frigate St. Lawrence; that while the said frigate was lying at Southampton, in England, a ball was given to the municipality of Southampton that the bills for the said ball, amounting to $963 92, were paid by the said purser out of the public moneys in his keeping, with the order and approval of Captain Paulding, who commanded the frigate. The ball took place on the 26th December, 1848. On the 30th November, 1848, Purser Stockton addressed a letter to the Fourth Auditor, requesting him to apply to the Secretary of the Navy for an allowance, to be applied by the officers of the ship in the return of civilities during their cruise. In reply to this letter, Mr. Stockton was informed, by a letter dated 10th February, 1849, that no application was made to the Secretary, as suggested in his letter, because the relief desired was utterly impracticable. The charge in Purser Stockton's account, for the expenses of this ball, was properly rejected by the Secretary of the Navy and the accounting officers of the treasury, upon the ground that "such expenses were not authorized by any act of Congress." The applicant proposes the intervention of Congress for the allowance of the rejected item. The act of March 3, 1835, regulating the pay of the navy, made a generous increase in the rates of compensation. One purpose in the provision then made was to exclude the practice of extra allowances, and it was reasonably anticipated, as a consequence of the liberal scale upon which the pay of officers was graduated, that all the expenditures which their connexion with the service imposed, especially where the expenditure was of a voluntary character, would be defrayed by themselves. Since the date of that act, nothing can be more proper than that Congress should incline to look with disfavor upon all appeals to its liberality, by officers of the navy, for extraordinary allowances. The increase of pay, by the act of 1835, was made with no niggard hand. The income of a captain, commanding a vessel for sea service, was raised from $1,930 to $3,573; of a commander, from $1,176 25 to $2,573; of a lieutenant, on duty at sea, from $965 to $1,573; and of a passed midshipman, from $482 50 to $821. There is no precedent, since that act, of an allowance such as is proposed in this case. Upon the application of Commodore Morgan, reported upon in 1844, the Committee on Naval Affairs adopted, substantially, the ground that expenditures arising from the voluntary interchange of civilities ought not to be reimbursed. This rule was subsequently applied to the case of Commodore Elliot, and on both occasions sanctioned by the Senate. The case now presented falls strictly within the restriction established in those cases. If the entertainment charged for was tendered by Captain Paulding to the inhabitants of Southampton, he should have paid its cost. If it was tendered in the name of the officers of the ship, it was for them to pay its cost. In no aspect is it a fitting subject of public charge. Undoubtedly the liberal and courteous spirit in which the feast originated was creditable to those concerned in it. It was in keeping with the generous and hospitable temper always distinguishing the corps to which they belonged. But it would be quite a novel and unusual practice that the government should be required to answer for the costs of the voluntary hospitalities of the officers of this or any other branch of the public service. It is evident that Purser Stockton was aware of the illegality of the disbursement. He applied a month before for an allowance by the Secretary of the Navy, to relieve the officers of the ship from individual charge. In making the disbursement, therefore, he did so with a hazard, voluntarily incurred. The committee believe that no relief can be afforded to Purser Stockton, without establishing an unwise precedent and disregarding a salutary rule heretofore governing the practice of the Senate. For the better elucidation of the claim, the letter of Purser Stockton to Mr. Dayton, of November 30, 1848, and Captain Paulding's letter to the Secretary of the Navy, describing the festivity, are appended to this report. From Purser Stockton to A. O. Dayton, Esq., Fourth Auditor, &c. UNITED STATES FRIGATE ST. LAWRENCE, English Channel, November 30, 1848. SIR: There is a subject of national importance connected with our cruise, to which I am desirous to call the attention of the Hon. Secretary of the Navy, and beg leave to do it through you, as the auditor of my accounts. None but an eye-witness can understand the enthusiastic reception we have everywhere met with in Germany, from all parties-royal as well as republican. It is impossible for us to return the hospitality that has literally been showered upon us, without an allowance from our government for enter taining-and we all know how much diplomacy there is in reciprocity of that sort. Our position is peculiar, and seems to claim a corresponding degree of liberality. Thus far we have done, individually, what we could, but have felt its inadequacy. Crowned heads and high public functionaries should be received and honored as the nation's guests, and the courtesies of the people be alike suitably returned. During our cruise we shall be liable, continually, to heavy expenses on this score, and I shall be much gratified if you will confer with Judge Mason on the subject. It affords me great pleasure to state, from personal observation, that the visit of Captain Paulding to Berlin and Frankfort, by invitation of our ambassador at the former city, and that of the Prince of Prussia, at the latter, has tended in an eminent degree to strengthen the bonds of amity and interest between Germany and the United States. I am, sir, very respectfully, &c. UNITED STATES FRIGATE ST. LAWRENCE, SIR: My letter of the 11th instant informed the department that I had sent Purser Stockton to London to obtain information with regard to our supplies for next spring. He was taken extremely ill there on the 11th, and for some time but little hope was entertained of his recovery. The most skilful physicians in London were called to his aid, and I am happy to inform you that he is now convalescing, but cannot, I regret extremely to learn, rejoin the ship for several months-according to the judgment of his medical attendants-without imminent hazard of his life. I shall feel the loss of his services very much, especially as he is an excellent officer. The municipality of Southampton have in every way publicly done honor to our flag since the arrival of the "St. Lawrence," and the most friendly feeling has been expressed by the whole community. The annals of our navy do not record a similar instance of friendly and cordial welcome, such as we have received in England. We have met them on all occasions in the same spirit, and not the slightest occurrence has taken place to mar the harmony of our intercourse. I felt it an important part of my duty to make a reciprocal return of hospitality, by inviting them to a ball on board of the "St. Lawrence," on the 26th instant. The weather proving unfavorable, we found it necessary to have the ball on shore. Between three and four hundred ladies and gentlemen attended, and it went off very pleasantly. I have directed the bills to be paid on public account, and trust the department will approve my having done so. The Hampshire Independent that I had the honor to direct to your address on the 20th instant, and the two papers that will accompany this, report our public festivities, which I suppose may be interesting to the government. I beg leave, respectfully, to suggest that some notice by our government of the friendly character of our reception here, might have a happy influence upon our future intercourse with the people of England. The friendly feeling expressed towards us here, I am assured by gentlemen, is not confined to this locality, and that the demonstration that has been made towards us here is known and felt all over Great Britain, and by the government itself. I was so far complimented, a few days since, as to receive a very kind note from Admiral Dundas, First Lord of the Admiralty, inviting me to a new year's dinner and evening party, which I was obliged to decline in anticipation of our early departure. I shall leave here for Lisbon as soon as Mr. Stockton can arrange his fiscal and other affairs, which I presume will be in a few days. Surgeon Clymer was with Mr. Stockton in London when taken ill, and has found it necessary to remain with him until this time. I have the honor to be, sir, very respectfully, your obedient servant, H. PAULDING, Captain. Hon. JOHN Y. MASON, Secretary of the Navy, Washington, D. C. |