The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-11

hlm the powers requisite Tor Judge IN hese uauefs
When bill Of this character is presented TO him,
none Of these documents, none Of these dispositions,
OF that evidence, whatever il may be, goes to
him with H. The naked bill passed Congress, Is
the only paper delivered 10 him IL he DiA act as
Judge in appeal from Congress in these matters, ne
must act without the evidence upon which Congress
formed its opinion. Ne sees no petition, no remon-
in these 10 the very one before US ne
has never seen any Of the petitions Of those who
claim redress for these French spoliauons. This
bill was kept before him two days only, and yet IN
that brief interval Of ume he has oveTruled the de-
liberate action Of both houses Of Congress, which
held it under consideration for aperod OF more Than
seven month";. ......
Let US now briefly examine the grounds upon
which the President has rested his objections to the
bill.
His first objection is, in effect, that these claims
have never before been paid by this government,
allowed by Congress- although the subject has been
from time TO time presented and considered. He
says: "SRce 1902 they have been from time TO
time before Congress. No greater necessity or pro-
prety exists for providing for these claims at this
time, than has existed for half century, during
all which period this Questionable has never
until now received the favorable consideration Of
Congress-" To Strengthen this position, he after
wards adds that the government has had the ability
TO pay these claims at several different periods 10
which he distinctly refers; Of which was in 1905
during the administration Of Mr. Jefferson; the other
in the year 1886, when there was a large surplus in
the treasury, which was deposited with the States
Now, for the sake of the argument merely, let US
admit all this to be true, and what is such objee
ton WORTH
Put this matter, stated by the President, 10 the
shape Of plea in bar sgainst these claims and whal
does it avall The plea admits that the dabu houa
not been paid, and rests the goyernmsn&D vindioor
uon for not paying them now, the single ground
that It has, during two brief intervals specified, in
II al ~
but did not pay. IL, therefore, ners that the gov
eminent had good reason for its refusal or omission
10 pay! How would all this appear, if il were
pleaded IN private suit between two citizens' A
debtor rests his defence against a claim which ac-
Crued against him forty years ago, on the ground
that he never paid the money, although he was
twice able TO pay IL in all his life time and calls
upon the infer that he never owed the mon
ey because, by recurrence to his past history, he
hhds that he able pay IL in the year 1903 and
al l536-and yet did not pay il! Such plea would
Oe laughed out Of court in any case between private
individuals But It may be contended by those who
do understand the true character Of this govern
ment in It's dealings with own citizens, that the
government is not TO be compared 10 a privsss
individual and that the presumption ID Dat the gov
eminent always pays Just debt wheq1e can do so.
Just the reverse is the fact There is mo govern
earth that has treated its own citizen cred.
itors with more injustice than ours. To illustrate
tue III WINCH u mas mctcO out Justice 10
American claimants whose money II had bartered
away with other governments hold in my hand
an account current, charging the United States with
he amount Of American claims which il has bar
lered away, or released to France and Spain alone,
and credlng the United States with every dollar Of
those claims, which il has even returned TO the
American citizens who owned them. Here Mr.. C..
read the items Of the account
1t thus appears that the government has released to
France and Spain, claims Of American citizens,
amounting to S43 900, for which il received the
whole consideration, and having collected this amount
to its own satisfaction, has paid TO the Of
the claims the Of IS, $50 000 thus, in effect,
tanning the enormous sum OF S34 ,525, 0O0-to in
demnty itself for the expense Of collection under the
name Of "salpsge." What should we think Of q
guardian or trustee who should collect forty three
dollars for his ward or essiii que trust, and then
charge him thirty-hve dollars for the expense and
trouble Of collecting II under the name Of sapage?
The lawyer who could establish usage TO justify
the charge of such commissions would merit from
his brethren Of the profession a statue Of gold.
] say, therefore, that this government has not
heretofore treated its American creditors with the
same Justice which is ordinarily measured out by
ciuzen to another in their private dealings; and
recurring again to the Presidents argument) that
would much sooner infer that claim against pri-
vate citizen unjust simply because he had been
able to pay, and had not done it, than l would in
fer as the President has DONE that these claims for
French spoiations were unjust because the govern
ment had twice, or "seyeral times" in period of
forty years, been able to pay them, and yet had mol
paid.
If we recur to the history Of this government, in
1908, when the President says Mr. Jefferson ''ad-
verted the large surplus then in the treasury, and
its probable accumulation" we sha find from Mr..
Gaatin's report for that year that the government
actually owed funded debt Of $50, 647, 663 81 -
and that in his estimate then made for the expenses
r L. al -. a
fciency Of the treasury by showing them balance,
clearing surplus Of only three millions Of dollars for
defraying all the expenses for Notifications, military
stores, increase of the army and navy, otherwise
incident TO state of actual war; or Of preparations
for war;" then confidently anticipated Every one
now knows that Mr.. Jefferson's boast in his mes
sage of 1908 ola great surplus in the treasury, was
made for the purpose of making great show of our
power Of resistance to England, mot long after the
attack the Chesapeake fIigate,) and not for the
purpose Of deceivng his own countrymen, who, in
deed, could not easily be deceived on such n sub
ject.
The truth is, as have on a former occasion said
to the Senate, there was no period from 1900 to 1880
at which this government could possibly have paid
these claims without great incon venlence and with
out postponing the just claims Of others an equal
amount And when at length the government be-
came able to pay them, the cry raised against
them, which is now resumed by the President as
But the inability to pay without Inconvenience
was not the only reason for delaying the payment
The government-as ] have on former occasion
shown-kept the evidence on which the justice of
the claims now rests concealed in the archives of
the Department Of State until 1926, and then, when
that evidence was dragged before the world by
resolution Of the Senate, it awaited itself Of the lapse
Of time oocasioned by It's own wrong, to cry down
the claims antiquaed and stale.
The President refers to the opinions Of those who
were contemporaneous with the events which gave
rise these claims That is an unfortunate reference
for him,
Mr.. C. proceeded to discuss this and the remain
ing topics in the message. The residue of his
speech will be given by our reporter hereafter.
Mr.. ALLEN said that there was no time to de-
bate this question. The only extent to which he
would participate in the discussion would be to read
q brief passage from Jefferson's Manual:
Where the private interests OF member are concerned
in bill question he Is to withdraw. And where such
interest has appeared his voice has been disaowed
after division. In contrary, not only the
laws Of decency but to the fundamental principle Of the
cal compact which denies to he Judge in his
II il for the honor OF the House that this
observance should be strictly adhered tor
Mr.. J. M. CLAYTON. desire to know what