The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-21
upon which that release was founded. and that reason
was recorded the statute book in the following

upon which that release founded. and that reason
was recorded on the staute-book in the following
words:
g." appeareh that the due to the United States,
tanned from hun. without rcsorlng said snetie legal
proceedings had been adopted against him by the popcf
officers OF the United States and that said officers though
requested by said suretes commence and prosecute
such proceedings, neglected and refused so to do"
Now, sir, what is the fact have recorded il upon
the statute book of the United States That Emerson
was defauer that he had property sufficient to an
swer his own default that his sureties applied to the
government of the United States to levy their execution
upon his pfoperyto take proceedings against his prop
erty We have admitted that this application made.
We have admitted that if the application OF the sure
ties had been acceded 10, the whole amount of the claim
Of the United States would have been obtained from the
principal instead OF the sureties; and have further
admitted that the government of the United States neg
ected to yield to that application The consequence of
this is, that we have coeced the surees to pay portion
OF this debt which, by own concession if we had
yielded to the application of the surees might have been
obtained from the principal Now as between indiyid-
uals apprehend there is no lawyer who hears who
agree that, under such circumstances, the claim
against the surees would be gone; and unless we
mean to avail ourselves of our exemption from liabl-
lty TO sult-uness we mean to substitute power Tor
rght-unless we mean in the face OF concession,
upon which had acted far release the unpaid
balance, to say, that because have exorted from
you the suetes IN violation of those principles of equity
which regulate the conduct of individuals, therefore
will refuse your present application. You have resort
bat to accede The Judiciary Committee foresaw the
consequences which would result, and they desired to
leave Mr. Emerson to make out his as to the amount
ne had paid without putting upon the record any con-
eesslon OF the liability OF the United States But the
Senate thought proper, upon the motion Of my friend
from Alabama, to place upon this record concession
which applies equally to the whole to any part of this
Judgment II we could have obtained the whole of this
Judgment from Mr. Emerson, without calling upon his
suretes, every principle of equity and fair dealing
CURED that we should do it. We have acknowledged
that the sureties applied to us to do it; and have
acknowledged upon the record that have refused to
yield to their request Nothing remains, sir but to
acquit ourselves OF the obligation We have imposed upon
ourselves by this course of procedure
The bill was then read third tme and passed.
ADoLpHUs wIsLIzENUs.
On motion by Mr. BENTON the Senate, as in com
ittee Of the whole proceeded to the consideration OF
the bill for the relief OF DIR. Adophus Wslizenus; and
no amendment being offered, II was reported to the SEN
ate, was read a third time, and passed
ROBERT. w.
On motion by Mr.. DAVIS of Mississippi, the Senate
in committee of the whole proceeded to the consider
alton OF the House bill for the relief of Robert w Mar
tin and no am andmen being offered, was reported to
the Senate, was read a third time, and passed
NAVAL APPROPRIATION BILL.
Mr.. ATHERTON moved that the prior orders be
postponed and that the Senate proceed to the consdera
ton of the bill making appropriations for the naval
1919.
MIR. BRADBURY. wish to state, sir, that there are
some few bills reported by the Committee on Claims
which free from all doubt, and OF character to
The PRESIDENT. The gentleman is out of order
the motion before the Senate Is to take up the naval a
Mr.. BRADBURY continued wish the Senate would
give time to considering some two or three out OF two
three hundred before they proceed to the consideration OF
this bill Ii they do not can only say that the committee
have Iabored most of the session in vain The chairman
of the Committee Finance says he has given whole
day to his bills have endeavored for three weeks
get the floor to present the of petitioners strangers
to but cases of peculiar hardship that will not occu-
py the attention of the Senate Longer than the time neccs-
sary to pass through the regular forms.
MIR. ATHERTON. | can only say that the naval ap
preparation bill has not been voted upon at all nor the
post Office bill Here are. the close Of the
sion, and it is absolutely necessary they should be acted
upon. II amended they must go back to the House, and
must therefore persist in my motion.
Mr. CAMERON The naval appropriation bill. and
these ether appropriation bills will force themselves
through There are many private claims OF peculiar hard
ship. have myself case have been trying All day to
get up case Of an old solder-a man who served du
ring the whole of the war of lsl2-who wounded
in that war 1t is bill that will not take five minutes to
pass; and should take il as matter OF personal obl-
CATION to to have an opportunity to DO an act OF JUS
tee to this old man, aad give him pension OF eight dol
lars month"; which is all that he asks.
Mr.. ATHERTON rose TO question of order He had
made motion which before the Senate and could
The VICE PRESIDENT The Chair has already de-
cided that such debate is out OF order.
The question being then taken upon the motion sub
mitted by Mr.. ATHERTON, it was agreed to.
The Senate, accordingly, as in committee OF the
whole, proceeded TO the consideration OF the bill! ma
king appropriations for the naval service OF the United
States for the year ending June 80, 1880
Sundry amendments, reported from the COMMITTEE on
Finance, were considered and agreed TO. ~
Mr. YULEE (by direction OF the Committee on Naval
Aairs) moved amend the bill, by adding the following
new section; which was agreed to:
SEc lind be further enacted That the retention OF one
dollar from the OF the music ans and prvaes
of corps directed by the act OF second March,
eighteen hundred and hlrty-ree, be extended as In the
case the aud prvaes OF the army to the whole
of their enlistment.
Mr. YULEE (by direction Of the Committee on Naval
A6airs) moved further to amend the bill by adding the
following section
SEC T. And be it further enacted, That the Secretary OF
the Navy be- hereby authorized so to modify the con
entered into by him wh F. Collins and his asso-
cate for the OF mails between New York
and Liverpool, under direction vi the act OF Congress ap
proved March third eighteen hundred and ioryseven as
postpone commencement OF hs maiscrvlce stpu-
lated to be performed until the first day OF june eighteen
hundred and fifty, without in other respects mpang the
condition obi cations of the said Contract
In submitting this amendment,
Mr. Y said The occasion OF this application arises out
of the circumstance that there is not at Liverpool any
dock large enough for the accommodation OF the ships
which OF the largest cass-belongng to this line
Arrangements were made at the proper time to construct
dock especially for their use, but in consequence OF the
death of one of the OF the soil upon which was
10 be built construction has been delayed so that IS
that they should have delay in their contract
The government loses nothing whatever by the delay
Mr. KING Is there dock large enough in Liver
pool to accommodate them
/ Mr. YULEE No, sir; these vessels are OF 5000 tons
burden The only vessel of that tonnage built IN Eng
land was the "Great Britain, and she using screw pro-
pelIar her width of beam not so much as that Oh the
Collins line by some 30 80 feet 1t requires dock So
feet in width to accommodate hem and there Is none o
that size in Liverpool. !, ho