The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-24

tee had reported bill. and the senator from Louisiana
IMr Dowksl had sufficiently explained the particulars 70
anything in support Of il e would therefore only add
that the petitioner venerable for his talents
and moral qualities and for the service he had performed
Mr. TURNEY remarked, that il certainly appeared to
him that the petitioner had not the shadow OF claim OF
legal or equitable character II appeared that be was
sell OF the opportunity of collecting materials for map
He carried those materials to Philadelphia. and there dis
% ss L n sySa sG s s
price And now Mr. Darby having disposed q Tie ma
doubtless received his pay for them and put in his pocket
Though whether he did or did not is not matter for
government to consder) comes now 70 the government
anyhng must be based upon the bad bargain that he
made with the gentlemen to whom he sold the materials
ior the map upon tne ground that hs never received
him any CLAIM upon this government he was never
employed by The government They never agreed e pay
the work. and it had fallen into the hands Of this gentle
man Of Philadelphia, who made map which the gov
enment found necessary 70 make use Of This did not
create shadow either OF legal or equitable claim IA
favor Of Darby for any compensation whatever.
As TO his merits on the score Of literature or nation
aiy, he (Mr D knew nothing and would BY n2 means
attempt to deract from any merits the man might pos
he hoped the Senate would not vote money to
men account Of their literary attanmens OF their ma
tionality If they should set such example, the gov.
claims sf thai sort and would become bankrupt View
ing the subject therefore, he did he could not see
Mr.. CORWIN. This application, Mr.. President. was
referred to select committee, at the time the memorial
was presented, Of which was chairman and report
Now agree with the senator who has Just taken MS
seat that there is legal claim presented here, in the
him that there is no equitable claim It's precisely such
a claim, | maintain, has been repeatedly. over
and over again. recognised BY both branches Of
mnd and then look at the facts presented in the me-
mora and compare them with those numerous other in
in which claims have been recognised ~ Con-
equity and is therefore proper subject Tor compensa
ton.
the researches and the labor the memoras
at very early period of tmeI believe before the acqui
siiion OF louisiana ascetaining what has since been
government has chosen to make respecting boundary
in that quarter Now sir, does appear TO the Senate
that any other person has done the same thing Doest
been Of real value to the government OF the Ua,ted
Sates and that other persons labors have furnished
Of from me to time, in settling the important questions
that have been the subject Of dscusson and OF very
deep interest to this country refer to the settlement OF
That map, every one will who will take the trouble
to examine the subject has been the map by which the
treaty was regulated The materials were furnished
by this at his own expense and by labors which
very few would be willing TO encounter Iii true there
is no contract 1t is true that the mans object the
time was the qualification Of his own curiosity s I may
knows that he has been all his life engaged in these mat
ters, and that he is gentleman Of Uncommon endow-
mentshat the government Of the United States have
avaed themselves OF these qualities Of the and Of
these lsbors of the man, through the instrumentaes
pointed out in that memorial
Now, sir, what is the claim Suppose MIR. Darby in
stead of ascertaning the boundaries OF the territory
that quarter and furnishing the information, had gone
with company of menone of those celebrated pioneer
anfyU WE hay heard sO
off tribe OF Indians, elevated the American hag and es.
ablshed the American power in that quarter on his own
responsibility and expense and that presently that coun
try had come into The possession Of the United States
the petitioner would have stated that he had been at great
expense in the march, that he established the flag OF the
United States where II had not been before that ne had
carried the American power into wilderness. killed
several Indians and spent good deal OF 10
the government OF the United States have ayailed them
selves OF these pioneers labors and tolls Therefore, he
would ask, How many sections OF land will you give me
How many have you given gentlemen under the same
all the difference between Gen. Taylor and Mr.. Darby
was, that the used gunpowder and the other used
ammunition Of different sort And for whose benefit!
Not merely for yours, but for the benefit Of all mankind
For these facts which he collected and by these labos
which he has performed you have received the benefit
and you have not repaid hun Now, peg 70 Know VIVA.
to legal obligation The settlement OF ntsi prfus
would furnish authorities that point The money has
been received, the work done, and there is bill OF par
ticulars why not give him yerdicti [Laughter]
/ Mr.. DOWNS wished merely TO correct mistake
| of the senator from Tennessee, MIR. TURNEY,l who
seemed have fallen into the Of supposing that Mr.
Darby had sold out the result OF his abors and had been
paid for it. Mr. Darby stated expressly in the memorial
that he did not sell it, but that il extoed from him
/ (Mr ID. here read Mr. Darbys affidavit TO that ehect1
In reply TO inquiries, he had to state that he did not
believe that either before after the publication OF the
By some management, the individual extored the mate
rals from Mr. Darby, and, what more injurious to
him. by this prevented the sale OF subsequent maps
| which Mr.. Darby published.
Mr. TURNEY was understood to say, In reply to the
senator from Ohio. Mr. CoRwIE] that the petitioner him
self had received the benefit OF the labor and had no
more right claim compensation for his labor than any
other individual who Subsequently purchased copy OF
the map from the compers He thought therefore, the
party ought to be non. suited having claim II was
said by the memoralist that he performed this of which
the received the benefit, and that some other
individuals obtained the materials from him BY extoron
This matter OF consideration the part OF the
government for the gentemans right OF action lay against
i the extoroners II he desired 10 proceed with legal
claim, he had legal remedy. against that individual
why did he not invest his rights in court Of justice, and
obtain his copyright II he had any rights, he should
the matter sleep for great number OF years, and had
now forward, to the individual who he alleges
did him the wrong, but, to the government and asks
them 10 pay him Tor the value OF his materials, which
Iwent into the hands OF anoherwhether BY fraud or
otherwise was a matter OF no consequence. Gentle
seemed TO rest the great ground OF hs CLAIM on ms
merits OF talents and upon his nationay ana the
services he rendered the country. for which ne was
paid and paid handsomely. ffgcnemen would present
bill for those services he would vote for III but he was
not in favor of paying an unjust bill