The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-09

paas every barrel of that -four rejected By the agent
on the government there, and not one ao s 20 pau
for IL; and, by the transportation oil this hoa'-h
climate liable to njure tit all lost SIR and not BY
the fault OF the individual but OF the omeer
any law to prevent the delivery OF the food to the ships
of The Unned States Will the gentleman say in that
case when petition the government to let me have my
due that il is the fruits of my labor, but the fruits OF
nv captal The shipping was made by me. although
have not mingled my sweat and toll IN italthough
have consigned II 10 common carriers TO deliver Tor me
and shall that be why the government shall not
provide for me, but shall allow this insolvent conrac
iorto take every dollar OF IL Sir to state this case to
present it, does to TO be enough in every well
organized mind to settle it, that the government should
not refuse to allow the payment to revert to the benefit
OF the man who furnished the flour or the bacon.
Now, sir what is the here! beg the Senate to
look at the contract Here il IS:
"David Myerle binds himself deliver the hemp to
and that shall DO shipped by them, and hell Ia their
names unii their claims H. oliabilites for endorsing
There it is sir; they expressly stipulated that the
hemp should be delivered to them. and that they should
hold it, that they should ship it, that they should deliver
it, that they should receive the money. and, when the
money was received that they should hold it to the sat
siactsn OF their claims. say, sir, that it is not merely
equitable rghtit is legal right; and in law, if the
government could be sued these individuals would have
the right to make good this claim Any court OF law
would justify them in the OF the name OF this IN
dvidua to remedy the matter The hemp to be de-
lvered to them, delivered to them and they took
Boston; and the injury sustained in consequence
Oh me me refusal Of the % to ii.
States was called upon not to allow these men to have
one dollar of this money.
Now sir the gentleman says this will only embarrass
the bill. Well, Mr.. President have already said that
il the Senate intend to give this money 10 David Myere
@ he has he mode OF I'LL, ns%p
TO one dollar Of it, concede that if this Is the ground
upon which you give the money But when that branch
OF the subject presented BY the gentleman from Geor
ga simply called upon him 10 read that part of the
port which shows that the people Of Kentucky Missou
nc Illinois. were benefited by his discoveries That
report has been read Nothing like that has been
shown. On the contrary the gentleman from Missouri
even for proof that The indiana have been benefited BY
this process OF waerrottng hemp We have no response
to this part OF Argument and we still call for nfor
That call has been thus far evaded. and another sug
gesion put forth equally untenable I'D that that this
man. although he may not have furnished any valuable
information. yet experimental and tried to get that In
formation; and for his labor and expense in experiment.
ing he should be paid. although he may not have been
successful. That idea has been suggested Well. sir,
is that the principle of the BILL Are you to give the
man contract at The rate of $500 ton for water
rotted hemp, and TO throw him upon the profits on
his hemp tor his pay for experiment. ag, In the hope
that he may obtain valuable information for the
country; and then if that hope is never realized. are
Sir, you cannot pass The bill upon This ground. II
you pass the bill upon any ground at al is upon the
ground suggested by the gentleman from Connecticut the
which was. in substance. that i this man have any
claim the ground of the claim for the hemp delivered
Boston AM rejected That depends upon the question
whether the hemp improperly rejected BY the
government; and, as the gentlemen from Missouri
(Mr. BENToN) says. let US hear from the individual
who inspected the hemp and rejected it. That struck me
as being very sensible view OF the subject think.
sir, that navy agent has not been heard from, and
you DO not even know how many tons OF hemp Were
sent there There nothing IN the papers TO show the
amount believe, If the hemp was improperly rejected,
there is good ground for the claim la that here
the express contract OF Mortmulin s. Cornwall stating
a
had received their pay Now the Senate IL called upon
10 disregard this contract altogether.
am sorry for having detained the Senate thus long,
and should not have done but thought that after the
remarks Of the Senator from diana [Mr. BRIGHr,]
was called upon to say few words IN reply and hope
Mr. WEBSTER very seldom take any part in the
discussion of private claims brough, before the Senate,
for the reason that belong to committee But take
occasion to say that i'll passing upon such case as this
consider myself exercising sort OF judicial author
ity We decide in this cass upon questions of private
right; and for my part where subject has been exam
inei by an intelligent and appropriate committee. do not
feel at liberty to run muck against their recommends
ton unless understand that there something substan
til against the
understand that this is bill to make an indemnity
this person for expenses incurred in trying experiments
IN regard to waserrottng hemp to the end that IT the
experiments were successful, might use that article in
the naval service and for other purposes The committee
think the petitioner is entitled that remuneration or
demny For aught know, this may be bill from the
other House.
SENATOR. 1t is.
Mr w Edo Ell. take the ground, Mr. PRESIDENT,
that unless there good the contrary unless
there be some ground shown against the claim must
vote for the bill as il comes from the committee.
But my particular object in rising is to protest against
this amendment proposed by the senator from Kentucky
GMr UNDERwooD,1 as having neither law equity it's
sde and as being totally rreconcable to any just pnc
pies which ought to govern here. think there ne
Their law equity in these gentlemen who here and
who say they furnished the money Mr. Myere because
they furnished upon security satisfactory to themselves
they received that security; they took such funds
they satisfied with, and they have exhausted it,
They had lien upon the hemp; and now they insist
that in addition to the security they took and salts
fed with they shall have this money the discontinue
and injury OF all the rest Of Myerles creditors Now
there such lien attached to this contract They
parties to the contract beg to know, if the United
States had occasion to this contract whether they
could be held liable! Not at ALL
But think it is hardly worth while to pursue that part
of the question II is in my Judgment wholly irregular
1t is out of the way, of the path of legisaton for
to look into subordinate claims when about 10
make an equitable allowance to an individual Why,
must have all the power of court of equity to do
that We must have the power TO sf the claims and
purge them OF usury. We must have power to bring all
other creditors before il any particular creditors
have legal prior lien upon this property in preference
Indiana says this operates Injunction and our on
GERS, under law, become judges in equity. They
must hear the equities Of all parties Every creditor,
allow me TO say, has interest in these and be-
fore any distribution could be made of the money among
the creditors in any OF equity they must be
moned uocais rocands And here we are called upon
proceed upon application Of set of creditors,
who do not show the least possible legal lien upon the
claim but who had fund appropriated to themselves