The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-26

Guaranty
this money Therefore we pray YOU soto amend the o a.
TO allow to receive some portion OF this money
be just pay MIR Myede al ALL we ask you to compen'
flor advances to him. TO enable hun 10 make
his experiments.
Now sir, the amendment proposes to allow Cornell
K Mockmollen portion OF this money oy way OF
ndemnfying them for the advances which they have
made. and not TO allow It to pass into the hands oil MI
Myerle who is admitted on all hands To be utterly IN
solvent, since they would thus lose the whole amount
The ndmen contains two provisions, sir In me hret
place the first section of the amendment says that II
Mr. Myerle wishes TO obtain the whole OF The money
he may give bonds in security 10 discharge the deois
which he for this hemp, aud the money advanced
to him to carry his operations, and he may receive
the whole amount at the Treasury Department forth
with.
But il was objected when this up before. that Mr..
Myerle in consequence oil his insolvency. could notglve
bond of that description, and we were asking an m
solvent man do that which 1t utterly impossible
for him to DO 1t seemed to hard case 10 require
man admitted be nsovent TO give bond OF that Sort
sir before he could handle the money when II would be
impossible for him do ii and therefore added another
section this effect that if he cannot give the bond or
if he does give the bond within three months then
the Secretary OF the Treasury authorized TO ADVERTISE
and allow the claimants who have furnished the means
BY which these operations conducted 10 come for
warl and file billsnspendng the payment OF The mo
ney unl the amount OF these claims shall be determined
| In the first place. ii Mr. Myerle wants 10 handle the
whole of the money he do IT, provided he gives the
bond for security II he is incapable OF doing that we
only require that the Secretary OF the Treasury snail
hold the money for certain length OF time, to give an
opportunity for claimants file bill. and to receive their
share OF IT. II hey 40 not me ,nelf M D wi' 'e
Now. when the bill was first presented we were told
that there precedent OF this kind There was no
example prove that the government had ever pursued
such of action before scnced that objection
at the me by hunting three or four cases. aud read
ing them hereas the oil Harris and Others IN the
of foic alton upon the gulf, where the govern
ment would not allow the insolvent to handle the
money, but made il pay able in such manner 10 re-
munerate those who had furnished materials, and for
A., tho tha
ment to pay. Other cases were then brought for
ward to show that the course which proposed moi
without the sanction OF Congress and hope that no
further objection will be made on that ground
Now, sir, 1t is perfectly manifesto senator's will look
at the report and look at the documents here, and they
will consider the admitted insolvency of Mr.. Myerle-
that if he obtains this money, Cornell & Mocmollen can
get cent of by any coercve process OF law
by any suit which can be instituted against him. Upon
a former occasion | showed concusvey, oIsht
that Cornell 4 Mocmolen could not by filing BILL pre-
vent the government from paying over the money TO Mr.
Myere. II sug 5ested, on former OCCASION that
they might file their bill and restrain the from
paying him the money but brought authorities TO show
that this could not be done You cannot the govern
ment. You cannot make the government party 10 a
suit. You cannot tie the hands OF the government by
such procee ling.
Mr. DICKINSON Will the gentleman please to an
swer me question: Would not the government decline
to pay when they had received notice o! injunction
| Mr. UNDERWOOD. On former occasion the OBJ.
lection cane from my friend over The way, believe,
We then went into elaborate discussion The gov
eminent have occasionally, stated by the late attorney
general for the District here, regarded nnncons asa
individuals, merely as a matter OF courtesy They have
sometimes where bills have been fel in luence
of the filing of the BILL refused pay parties until the
bill disposed Of But the cous have expressly de-
cied that II Is mere matter OF courtesy, without any
obligation wbaever and IT genenen VIII look into II
they will that the doctrine cannot be sanctioned for
moment The very service performed for the govern
men,, in the case OF the Post Office Department may
depend upon the punctualiiy with which the individual
receives his pay from the government Ii would not 90
in such a case TO allow man 10 whom this individual
indebted to enon the government and thus cut of
bis OF fulfilling his contract.
This illustrates the whole subject from beginning
10 end, in all the transactions between the government
and individuals II, in the case have mentioned you
can enjoin debt you embarrass the whole opera
tons OF the government by njunctons obtained against
individuals in the employment OF the government
But that IS not the only objections There is an Oh
lection TO the unconstituonaty of proceeding OF thai
sort, sir This is proceeding against the government
and where is the authority by which an individual can
sue the government tie lis hands There is no such
authority. Nothing OF the kind can be shown To lay
an Injunction in this would be attempt the
part OF the creditors OF Mr.. Myere the government
Tor the sum Of $4,000, which Congress had decided
be due 10 him, or for portion OF that amount Sir,
thing OF that Kind could not b. done
In kentucky there has been adjudication upon the
subject, and our State regulations upon this point
analogous to those OF the government OF the United
States There was an attempt on The part OF the coutts
there TO allow such Injunction but the decision OF the
supreme court OF that State the principles that have
already mentioned, that the thing could not be done
that il was nothing more less than SUNG the Stale
and the Stale could not be sued unless in pursuance of
special act of the Assembly passed 10 provide for the
suing OF the State in particular You have no
such cOns tutona privilege here and you have such
law. So far, then, that tribunal may Constitute
authority and justification for statement with regard
TO the United States far that goes may say that
TINS thing cannot he done.
You must inierpose beforehand BY an amendment
You must amend the bill Or sir, IT youpay the $4,000,
goes into the hands of insolven and the very
persons who furnished him the money conduct his
pcrimens will be left unpaid That is the result of
legislation, if you pass the bill unless you adopt Inc
amendment
Now, sir, the last speech which heard in the Senate
upon this subject from The gentleman from Geor-
gia who sits me, Mr.. BERRIEs j and the way
and The Justice OF this amendment which proposed if
understood that speech, was this: lie denied, sir that
Messrs. Cornell * Mocmoen entitled TO any part
OF this money.
| MIR. BERRIEN. Will the Senator please TO repeat
did not understand his statement
! Mr.. UNDERWOOD. say that in the last speech you
made upon this subject when before Congress,
understood you to evade the propriety OF making the
amendment to the DILL in this you denied the right
of Messrs CorneIl & Mocmolen to any pait of the
money under any circumstances bat contended that the
money TO be allowed to Mr. Myere in consIjera-
ton of the services he had rendered 10 the government
In experimenting upon water rotting hemp, by these
pements giving valuable information 10 the country.
Now, according to the arguments OF the senator you
are to pay Mr. Myere for the information which he ha
thus obtained for the country and disseminated by his
experiments, the western hemp-growing States, by
the bill you disconnect the payment from the lien which
Messrs. Cornell x Mocmolen had upon the hemp
count OF the moaey he advanccd aud by thus discon-
meeting it, you make proper that the money should 90
exclusively to Mr. Myerle and entirely OF Messrs
Cornell & Alocmollen.