Weekly national intelligencer., 1850-02-23
N SENATE OF THE UNITED STATES.
WEDNEsDAY, FEpRUARY 20, 1850.


enboss and his obligos any Of them, for claims
bonds given by them as sareties to the United states
The bill was read first time by its title,
Mr.. BRADBURY. am instructed TO ask that this bill /
may beconsdered Eight favorable reports have been
made uponit by the Committee Judiciary Of the Sem
anc several times bill has passed the Senate, but failed
In the House, owing the latsness Of the period which il
reached there. The Committee the Judiciary satisfied
that the interests of the require the passage
this bill and that good given for continuing
the liabilities Of the sureies. fss
Mr.. BERRlEN. hope the bill will be considered II |
has been deliberately examined by successive committees and
has been passed by the Senate eight times, but
failed for the which has been given by the honorable
Senator from Maine Ia The other House. During twelve
years this ndsdaa hs suffering pressure Of
this claim upon him. and he offers the Government
the surrender Of all his property He has beyond
| what his equitable obligations require him to do.
The bill then read second time aud considered in
Committee Of the Whole. .5fs
Mr. KING. would like to hear The Senator from Georgia
state the grounds which this compromise be made
/ Mr. BERRIEN. would do it with pleasure, but the
honorable Senator's awarthat in courtesy the inquiry should
| be made of the Senator wlp made the report.
Mr. BRADBURY. will state, for the information Of the
honorable Senator from Alabama that when this bond
signed by the msmoaist upon the that five
other suetes joinin. The bond remained for three
years with signatures m only others Of the sureties
and was then handed oyer without the knowledge
sent Mr. Quackenboss The penal OF the bond
$3.50 O0O and he supposed that the liability would be divided
between him and five Others He then came forward and pro-
posed compromise by yng the sum OF being the
Il
to which he would have been liable. He is willing to do
every thing is possible br TO do. every thing he can
get his friends do settling this matter He Is desous
Of being relieved .hi liability, ard the bill drawn au-
thorizing settlement terms which will be most favorable
and satisfactory 10 the Go,ernment.
Mr.. KING. How many Of the proposed suretes signed
the bond
ed the bond he supposina ve He has more
son TO complain Of The conduct Of the principal than other
person The papers exhibit perfect willingness on the part
of Mr. Quackenboss do every thing that Is hng
! il is possible Tor to do
MI. WHITCOMB. Ispeak with Difference, butt appears
my mind that the parties in this have their remedy at
law If the facts stated by the honorable Senator from
Maine if it be that Mr. Quackenboss became surety with
the understanding that five others were to join him any
one failed become surety, understand the decisions Of
the Supreme Court the United States be tina, the whole
relieved With my present impressions, want some
stronger reason before can for this bill.
i Mr. BRADBURY. The gentleman will perceive that THIS
trsnsacton occurring between the principal and the
surety, and that he had proofs Of it, impossible Tor
him to avail himself Of all the facts which might be known by
him to exist.
Mr. WHITCOMB would like to know whether the
names of the FIVE were in the body Of the bond
i Mi BRADBURY. / DO not know. No copy OF the
bond presented the committee and do not know
whether that is the Perhaps II may be- but 1t
stated that the bond torwsred with the usual number
Of seals indicating expectation that that number would
sign the same surety having signed with five others io
mer occasion.
4 Mr. WHITCOMB. Even admitting that the whole of
the of these promised sretes in the body Of the
bond certain--and fear my honorable friend from
Maine is not ceran--but that may have been imposed
upon in relation these facts. require evidence Of
the truth Of the have doubt that the honora
bic Senator from Maine perfectly satisfied Of the truth Of
what he states but should like to know the channels
through which be derives his information should like TO
1 knew the source Of H.
I. Mr. BUTLER. II this gentleman could have been
leased from this obligation by giving up every dollar he had
he would have able educate his children and support
his family, but he has credit with this judgment hanging
over him. What can Government require than that
he should give up every dollar and that is the only prv
ege he asks have no doubt with the facts as they are
here stated he w0nd have been relieved q court Of chan
Gerry but he has chosen go into chancery He signed
the bond on the assumption that others would sign it and
his is on y mistake He is now in an embarrassed
suaio and he asks TO be released from this liability.
i Mr. KING. have doubt that this unfortunate man
is disposed 10 do every Thing that he do 10 be relieved
from the obligation binding bin as surety in Tins case oa,
far from considering r,udent or sale that we should
adopt the principle suggested e honorable Senator from
South Carolina that If puts his na'e 70 an instrument
improperly and he becomes liable, hoio IN every case
release him because he poor II you 10 eda1sn 1at
rule by your ac,oa in this case, think is better we
should not ACT, any rate, would I've better take that
ground. Ii supposes that this the Government
ccves bond with seals actually affixed and three per-
only having signed IT, further supposes that these three
signatures sufficient, otherwise their security would not
have been taken the instrument executed, because the
toney for the United States ha to certify TO the ability Of the
individuals TO pay the Whether he imposed upon
ny tDe prncipa or o, ne cpuu not p any pOsspy ueie
Il remained Tor years before this ascaraicd; and
this individual that he imposed upon, and that
he had always anticipated that il any loss should arise il
would he divided among many persons The Pinc'e suy
gested is bad one BECAUSE take il; that II any psrsUn
should subsequently act this collector acte and the Gov
enment should relieve the sureies in immense dea!ca
ton this would become dangerous precedent, and APP
picaon would unqucstonsbly lie made that the rule
should be applied in other cases.
I Mr.. BUTLER have remark TO make i'm explana-
on did not say that should release this gentle
because he poor Not ALL But my impression is
that it is the interest Of the Government compound be
ere that his friends ready advance S25 900 buy him
oil from the bond; he is seeking buy the privilege Of
pounding with the Government and il impression that
yon aenp, to force him il is doubtful you will get half
that amount Of money think, therefore, that this conpro
mise j. not only reasonable hut tha, il is good policy
Mr.. HALE. want to ask the Senator who introduced
the bill one question intend tor il. wish the bill
pass But see that there provso IN that it shall not
operate tor the release Of the other suees. Now,
10 ak il Is competent fir The Government to such
provision as that, | understand the priucips OF common
law to be- that the release Of surety necessarily implies
the release OF the WHOLE and that, therefore, such proyiso
his cannot he made by the Government In my humble
judgment, aud with Difference 10 the committee, il is
not romp.ent for the Government do any such thing
When We discharge surely, whether pot proviso
m this kind not the other rufe,ies discharged unless
i lone hy an with them, they cousenug
that tue elessr shall not operate Gp,n them.
Mr.. BRADBURY In answcr 10 the u,ercgaors Of the
Senator h'n New Hampshire will say that canoo doubt
hut hat oe surety I've relieved w'ou, dschargng bis
cosurrss Il may be done hi- case Wy the Secretary Of
the TIcssurs II the bill shall pass, by stipulation upon the
paymrnt Of The sseed upa the fur.