The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-22

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presumption that il has been n some way, paid
But III this particular case evidence that these
claimants the heirs OF the original creditor. The
port gives proof of relationship between them THAI
they are the legal heirs, IS not proved IN this
Now, sir, this balance belongs the creditors of this
party. They are entitled 10 all his assets, and this
belongs TO them and If there creditors, TO the
heirs. But how long has this laid without being
paid either 10 creditors or heirs! Why, sir, il is
and it has been open since; and yet il was not
until 1884, after the lapse OF than sixty years that
any one took any notice OF IT. Then these letters OF ad.
minisuahon taken out for the express purpose OF
securing this balances and now they are calling upon us
10 pay this balance to-somebody; we don't know who
apprehend that there conclusive evidence that the
party before Is either creditor administrator IN the
settlement of the estate and entitled to come before
and ask US for this balance admitting balance TO be
que; think the presumption Is, that the man had no
creditors or heirs; and if so, the government is entitled
10 the property think, therefore, there is merit in
the case
The bill then reported to the Senate withou, amend
Inen and the question being put upon ordering the bill
10 a third reading, II was decided in the negative
The Senate proceeded in committee of the whole TO
The consideration OF the bill for the relief of Charles Wal
MIR; YULEE moved TO amend the bill by the addition
OF clause authorizing the adjustment Of all claims of the
same character upon satisfactory evidence OF their valid
Mr.. DICKINSON said he apprehended that the prnc-
pie had not been sufficiently Investigated 10 justify quite
100 wide margin, and he preferred TO have the matter
lie over.
Mr. YULEE remarked that the report seemed to be
very ana comprehensive, could not Tau 10 com
mend itself 10 the minds OF the senators present The
principle is simply this when the quarternaster of the
United States has purchased from citizen supplies for
public USE and has failed account for the disposition
OF such supplies, the citizen from whom the purcha
made shall not be made for that dis
position Nothing (said he} can be more clear than that
when an officer OF the United States buys my corn and
gives me certificate, and then away without ac-
counting for the made OF government ought not to
refuse me payment merely because cannot account for
It, In other words. citizen ought not to be held
sponslbe for what officer of government does, but
government should itself secured in the action OF lis
officers.
Mr.. DICKINSON said the objection TO the amendment
was direct and practical one, and ii was this
special bill is reported for special and the
proposes 10 engraft upon another bill containing gene
raj principles. This he thought unsafe legislation
II the principle be sound one, lei make the bill in
Mr. WESTCOTT. The senator from New York MIR
Dickinson is not OF all the facts in this case
This is a bill from the House When the bill was be-
foe the House, the Claims Committee there examined
thoroughly, and made able report, which is among the
papers, The House committees report, | can properly
state las believe drew the report OF the Senate com
mltlee exhibits the much fully and ably than
that which has just been read shows in striking
manner the Improperly of disaowng claims for sub
slstence stores sold 10 quartermaster in the United
States service, unless the citizen who sells them to him
can prove that he purchased than the troops
were entitled to- that the officer had dealt them out in
legal quantities according the regulations and had
rendered his accounts fully and fairly concede in all
OF well founded suspicion OF COLLISION between the
render OF the stores and the officer Purchasing them the
ance and send the parties 10 Congress But the notion
that citizen who sells flour, or corn or pork or beef
10 quarernaster IN service for fair price, ana hon
esty and without any colusion, must first ascertain
whether The officer has already purchased the 9uantua
allowed by law, and must then see that he deals If
out to the troops legally and then renders his vouchers
and accounts poPery and if any of the articles have
been destroyed by the enemy, lost at sea, or burnt on
land, or sea damaged and condemned, he must furnish
the pro Of 1T and, in fact, TO make the citizen vender
surety TO the amount OF his sale for the officers good
conduct is perfectly preposterous. is only absurd
but 1t is abhorrent 10 justice, and miserable
policy. Why, sir, no citizen who has any prudence
under such rule, will sell 10 quartemaste any corn or
bee or pork, under two three prices 1t would lead
cousive speculations Honest sales at lust prices
AMI from patriotic motives, would be discouraged how
ever great the straits OF the This rule was de-
nouncsd by the House committee and also by the Senate
committee, and | have doubt the Senate will agree
with them. | have heard OF no senator who slsains
the rule limit, said before that in cases of sus
peced coluson the seller should be held to strict proof
and II is safer where doubts exist founded on evidence
10 send the parties 10 Congress but the United States
are responsible, and not the Individual citizen for the
Tsteasance or nonfeasance OF its own officers who pur
chase articles OF such citizen under color of his official
station have no feeling as 10 this bill Though the bill
states the articles were sold IN Florida the claimant re-
But have patience with the rule enforced in il bI
the accounting officers and think the bill ough; to pass
to nullify it.
Mr.. DICKINSON The claim is none the less entitled
TO favorable consideration, because II originated in Flo
da My opposition is to the bill, but to the character
OF the amendment proposed.
MI. BRhDBt Ky SAID he member of the rom
mIce which reported the bill before the Senate and fully
concured with the committee in the conclusion al which
they had arrived that the bill ought to pass but he did
OF the action OF the accounting officer OF the department
Tor disioxhg the claim. He though, the action of the
department was correct and worthy of concentration
rather than censure he did understand the senator
from FLORIDA Mr. WEsTCoTT1 as intending 10 cast any
censure upon IT. After full allowance has been made
and the department has settled for the quantity of sup
pies allowed TO command, under given circumstances
claim Is then made for adlt ohal supplies furnished
TO quarermaSter OF which he has rendered no account
ne understood the regulations the DEPARTMENT 10
that such claim should be dsallowei and the Claimant
turned over to Congress for relief If correct in his un
Outstanding oil toe regulation, he thought il good one
anu such as ought TO be maintained and adhered ~ |
Not that the vender who had parted with his proner tn
the authorized agent OF the government shoudp 20 unn,1
but that IN the few that would arise of this charac
ter was safer and better that the subject should cnme
before Congress- and the claimant his relief there
Many dangers would arise from abandonment of these
regulations They important safeguards of the pubc
treasury he could not therefore, concur in the
OF the action OF the accounting officers And he was also
opposed to The amendment OF the Senator from Florida
on bls right Mr. luLEE which in effect would reneal
Inc regulations which prudence had established for the
protection OF the treasury, and require the payment at
once OF claims which presented under such unusual
circumstances that they ought to come before Congress
As to this bill, the Committee on Claims had carefully
investigated It's merits, and unanimously of the
opinion that ought pass The facts were established
A small amount OF supplies had been furnished Tor the
United Siaes troops, 10 the proper officer of the army 10
make the purchase, and the claimant had right to ey
Hect that he would be paid He hoped that the amend
men would be rejected, and the bill passed by the SEN
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