The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-03

II this so, that the claim would have been paid
there can be no doubt The fact OF the commits
soners having allowed this amount was sufficient 10
show that the claim eaght to be paid Why has il not
been paid 1t can only be accounted for by the fact
which believe will be found upon looking the report,
that 1t belongs to class of claims which the United
States are not liable to pay and believe that in the
letter of the late Hon. Dixon H. Lewis, in which he
complains Of this claim not having been allowed, he says
that, according TO the report OF the commissioners, II
could not be allowed, and there pretence for
allowing it. Now, sir, take this claim out OF
the operation OF the report without further evidence than
we have before u.s. hope mol
MIR; PHELPS do not rise TO discuss the merits Of
this claims but my purpose is TO remind the Senate OF The
position u, N which we are placed There are only four
but one appropriation bill and we have several such
bills lying upon our table. The bill which is now
under consideration has received at the hands Of the
Senate several amendments When we dispose of it, if
do so, those amendments will go to the House
for consideration there; they will be referred to the ap
prOpriate committee of the House and in due time the
House will determine whether they concur with or
not If they should not concur, the question will then
arise will the Senate recede insist And perhaps the
result will be committee of conference Now, ask if
is to be expected that these appropriation bills pass
i they to have attached to them every private bill
that may be lying upon your table II is said that the
payment OF this claim Well sir understand there are
about two hundred private bills upon cien
dar and all these bills to be appended to the appro
priaon bills ii is morally certain that the appropriation
bills will not pass and that the government will be left
without the Of carrying its operations My
honorable friend, the senator from louisiana chairman
OF the Committee Pensions, furnish you about
hundred bills which have been reported by that commit
tee have myself been oppressed with the fear that
priaon bills that have not felt at liberty to occupy
moment of the time OF the Senate. believe this is the
first instance, since this bill has been pending in this
boly in which have taken the liberty to consume a
second of your time. But cannot refrain from saying
that if every private claim, however doubtful in lis
character, is to be moved here by way of amendment
and to go into discussion OF EACH the prospect
of dsposng Of these appropriation bills is utterly hope
less. We might as well lay them upon the table
have, from the time when had the honor of being
member OF the Committee on Finance, opposed any and
every proposition to incorporate into the appropriation
bills matter that was foreign to them beg the Senate
to reflect that this proposition be sustained the
pect, | have already said, OF disposing of this
appropriation bill is utterly hopeless; and il will place
the government in situation OF embarrassment hope
the Senate will adhere TO the former practice and reject
everything, however meritoous, that is proposed
amendment to appropriation bill, which does not prop
erly belong such bill If that should be tax
we shall be able todspose of the appropriation bills; but
ment, utterly unable to provide the necessary apropa-
tons for the government and create the necessity for
extra session OF Congress.
Mr.. JOHNSON of Georgia. | am fully aware Mr.
President that II weud be appropriate for this
amendment to have been offered to another, the Indian
appropr alton bill but, the time when that bill was
unier discussion. the committee which this claim was
referred had not examined the subject made their
port was therefore impossible, at that stage of the
10 that billthe bill to which it would have appropriate
y referred Nov, ask the Senate, if the amount which
sought to be appropriated by the amendment that offer
to this bill be justly due TO the State Of Georgia, what
boots it the federal government by what bib the appro-
priaton may be made! II the State Of Georg had this
Just demand against the United Sates-a demand which
has existed for more than thirteen years. demand for
the payment of which the State has heretofore been
knocking at the doors of Congress, demand for the
no ask them it fair ION the suppositon
that the claim is JUST that should be refused at this
time, the technical Preext that is not proper
amendment to be offered the civil and diplomatic ap-
preparation bill ? think not sir.
But the honorable senator from New Hampshire asks
why this claim i be just has been SO long slept over
by the State The only response that can give to this
is that it is claim which is due to the State of Georgia,
though transaction of the Central Bank of Georgia Ii
be- that me me Of the the public
not been drawn to this subject by of the vast
AMOUNT OF business to be transacted by them. 1t may
have been overlooked. and consequently demand
upon which to reject it, Are senators about up the
statute OF limitations in favor Of the government,
fair and legitimate argument against the Justice of the
claim that has not been demanded within given pc
Rod OF time 1t may raise bare presumption but il
does not rise to the dignity of argument And it is
presumption which is feeble in its character that il
ought not weigh moment in the deliberations of the
Sena, in meeting out to the State the justice that is
demanded, much less ought it to have any weight in the
face of the unanimous report OF the Committee Indian
Affairs. to whom the subject has been referred, and who
declare through their chairman, who has just ad
dressed the Senate, and has expressed the judgment
the committee, that they satisfied that the claim is
lust beyond all question and that the evidence by which
supported is OF the unmpeachable and undoub
ed character
Agaa: it is said that this is in the nature OF mere
private claim WE'LL if it be, other private claims tina
have been offered amendments to this bill have no
been rejected by the Senate There have been prvat.
claims attached to this bill, by way of amendment sine.
it has been under elaboration by the Senate and i
other private claims considered to be properly ap
pcable to this BILL and passed upon favoraby by the
Senate, then ask, behalf of the State of Georgia
that the justice shall be melted out to her that ha
been meed out to other private claimants And, sir, th
claim If it be private claim, stands upon higher grounl
than others, for the that the Indian appropriation
bill to which admit this amendment would have beer
more appropriate, passed before the bill for the pay
ment OF this claim reported upon by the committee
and before it was IN shape TO be acted upon by thu
Senate whereas other private claims have had their da
in the Senate, and, although not applicable appropria
ton bills, have been attached to this bill by the deliberate
should be rejected the ground that aprvae claim
history it is detailed by the report OF the Committee
Indian Affairs, and you will perceive that it strict,
private claim 1t is true that the property which wa
destroyed, and upon which this claim was originally
based, private property, belonging to Henry w Jer
ngan, and was IN the possession OF the troops OF the UNI
ted States in 1885, and their possession when de
stroyed by the enemy That raised claim on behalf o
Henry w Jernigan, the owner OF the property; Thu
State of Georgia, looking at the mertorlous conduct
this gentleman who had been thus ruined by this destruc
tive act OF the enemy, who had his property mus sweep
from him, and who had displayed degree OF pubic
spirit and patriotism that is rarely found, went forward
and advanced to him the of twenty-five Thousand
dollars and upwards which was the estimated amount
his loss and took his note for the same, payable to thu
Central Bank of Georgia relying upon the good faith