The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-01

made with government after Congress had
suned the power ofmakIng it would be cruel would be
without excuse for them carry out that contract The
government undertook to make Improvements the Ono
river and IN doing they made contract with that claim
ant and afterwards changed contract and abandoned
the work. The question then came up, whether Con
gress should not compensate that individual for the
damage actually sustained IN consequence OF me
contract with He could not how the
question to the power of Congress to construct such
works could be made bar against the claim Of that nd
vidus. he was IN favor of the passage OF the bill
The question then taken the motion to postpone
the further consideration of the bill until tomorrow, and
resuled-ayes 10, noes 10.
The VICE PRESIDENT voting in the negative, the
motion rejected.
Mr. BRADBURY inquired whether there any l,m-
aton as to the amount proposed to be allowed to that IN
dividual and what that amounts
Mr. FITZPATRICK said that he did not recollec the
amount, but that stated the bill, which might be
read.
The bill was accordingly read
Mr. FITZPATRICK said that if he were apprized of
the disposition of the Senate to hear them, he would
call for the reading of the report and documents lie
would merely state that the facts in the case were con-
clusvely established. This individual before stated
had made contract with the government for the con-
sirucing of the dam at the mouth of the Ohio river
and for that purpose had collected large quantity of
stone and other materials; when he was told that
there was no appropriation made and that he must de-
from the work As the question whether Congress
had the right to make internal improvements was not
remarked by the senator from Tennessee involved in the
bill They proposed only refer the whole matter to the
Secretary ot the Treasury and after had undergone his
scrutiny to allow him to give such damages he thought
Mr. KING objected the phraseoogy of the bill, be-
cause was claim for losses and damages without Limit
ing the amount
Mr.. CAMERON offered, if the senator from Alabama
would permit him, to make amendment which should
contain the limitation.
Mr. KING said that he was not contendng for the limit
alton, but he contendng that from experience upon
this subject, individual might, under the head OF dam
ages, claim the full amount Of the profits he would have
made if the work had been allowed to be completed
The individual had collected materials, which of but
little worth. He ought not to be allowed to experience
any actual loss in the sacrifice Of materials already
cured and that what the would be good
faith bound to present
Mr. TURNEY understood to say that that would be
the effect of the law.
Mr. KING. When he spoke of damages he meant that
which the individual would be entitled taking into con-
sideaon the actual price of labor and cost of materials
IT, therefore, they intended only look to the actual loss
sustained consequence of the loss of materials collected
they should not give him the amount OF profit he might
have made out of the contract.
Mr. MASON. This bill had been reported by the Com
mittee Claims and he took for granted that they had
examined the documents in relation it. He did not un
derstand how he himself could possibly pass judgment on
the character of the claim. He had been much inn
pressed with the remark Of the distinguished senator
from Massachusetts the other day in relation to the
by committee in favor of case, it ought to be pre-
sumed that they had had sufficient facts by which they
were governed If that was not So he did not see why the
abors of committees might not be dispensed with The
reports of committees ought to be received as prima Jace
evidence In regard to the case then before them the
conclusions of the committee especially entitled to
credit they had had every opportunity afforded them
of determining upon the facts. 1t was claim for
damages, which resulted from the government of the
United States having suspended the work which he
contracted to perormi and was proposed 70 isave
the matter in the hands of officer competent to de-
eide upon the compensation that ought to De allowed
The House Of Representatives had passed bill nsructng
the Secretary of the Treasury TO remunerate him for the
loss sustained and the object of this bill to make the
duty of the Secretary after the examination of the facts in
the This bill provides that the facts shall be exam
ned and that he shall be paid the full for the loss
sustained in the materials for the construction of the dam
that he
the damages which he sustained suspension of
the work But, sir what the damages! They those
which have already resulted from the cessation of the work
What he meant to say simply thisthat this was
OF Illegal equity and the committee have investigated
the facts Unless they trusted to the report of the COM
mittec would be impossible to have any regular action
| upon the subject.
Mr.. KING said that this was second time the senator
from Virginia thought proper remark the reports
which from the Committee Claims, taking 1t for
granted that they agree with the facts in the He
did not like the phraseoogy Of the bill and it to that
which he wished call the attention of the Senate as
they might have intended that that should have
what he would have made had the work been al
lowed to be completed.
Mr.. FITZPArRI concurred fully with the argument
of his honorable colleague. He presumed that 1t had
not entered into the contemplation OF the nmittee that
the Secretary of War would the profits he might
have made from the work. and allow him the full
but he looked upon that between individuals An
Individual contracted to do piece of work and if was
stopped before its complexion and suit brought before
court and jury for damages the amount that would be re-
ceved under the direction of the court would be the
IN this The would take view OF the whole trans
action award to the claimant the damages he sustained
consequence of refusal to comply with the contract lie
not did presume that contemplated that the Secre
ary of WI should make calculation the amount
of profit he would receive if the work had been completed
did he believe that such power delegated TO the
Secretary of War but enables him. after full knowledge
of the whole transaction, make ample justice the nd
vidua That amendment engratted upon the bill.
Mr.. BRIGHT Whenever the damages claimed in
this c'se for the reason that the refused make
Appropriation carry the work. he would show, from
the contract that such provided for and state
Mr.. b. here read the contract and commented on IT, TO
show that there provision made for the dscontnuancc
of the work.
Mir. CAMERON said the senator from Indiana knew
enough about public contracts to know that usual TO
make such conditions them This contract together with
all the in the case would up before the Secretary
of the Treasury, and he would know what weight to attach
to all the matters connected with the
The bill then reported to the Senate ordered to be
engrossed for third reading and subsequently read
third time and passed
APPOINTMENT MESSENGERS.
The Senate proceeded the consideration Of the rcso
ton submitted several days by Mr. HAMIN, directing
the Sergeant-at-ams place the of Noah Hanson
and Joseph Hodrch upon the roll of messengers of the
Senate.
After few words remark the resolution was on mo-
Sergeant employ additional messengers, who
shall receive the compensation that allowed to other
messengers of the Senate and the resolution amended
then adopted.
PRIVATE BILLS.
The resolution submitted several days SINCE resembling
the rule of the Senate setting apart Thursday for the
sldeaton of private bs was taken up for consideration.
Mr.. BRADBURY said, that before the Senate acted
upon that resolution he desired call the attention of the