The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-29

snt to the individual whether he limb be smpu,a,sd 81
not do not know in that sense but he PRIOR psoysions
Of the bill will cover the case II not considering the
unbounded ingenuity OF claim agents, and the present
condition oil the treasury, must approve OF the vigilance
o. the and think he provision hsd better
BE- stricken out u u requires hereafter some special
Legislation on the subject be better attended 10
when there Is more time Tor considering IL
The question being taken by yeas and nays il re.
sulted-yess 20. nays 2o-as folowsi FgI3f IN
YEAS-Messrs. Aichison, Barnwel Bright Butler Chase
Wisconsin, DOWNS PssgSp Foos ' Sssas Gsa
ffamn, Hunter King. Mason, Norris Pesrce, Pratt. So
S y,,as soue, spraance Underwood whitoomb and
NAYs,-Msssrs: Badger, Baldwin. Bell. cass Cooper
seward sSsa sS Taass ~as
and wiuthrop-20
So the amendment was agreed to-
THE ToRruIcATIoE BILL. AZ y v
The bill from the House making appropriations for
tain Notifications OF the United States Tor the year end
ing the 3Oh of June 1851, taken up read second
time, and referred to the COMMITTEES on Finance
SECURITY ron PASSENGERS ON STEAM VESSELS.
The bill from the House entitled An act to provide
for the better security Of the lives Of passengers board
of vessels propelled in whole in part by steam
taken up and on motion, was referred to the Committee
on Commerce.
coMMIssARIAr OF THE ARMY.
The Senate bill to increase the commissariat Of the
army was returned IRON the House, with the following
amendment:
"Add to the bill
Ind be it enacted That the senior aide de-camp Of the
the captains Or majors 81 he army, and shall BE- allowed
the pay and emouInents of major OF cavalry"
The amendment Of The House. on motion Of Mr..
DAVIS, OF Mississippi, was concurred in
LAND CLAIMS AT THE sAULT STE. MARIE, (MIcHcAN.)
Senate bill No A, for the examination and settlement
OF claims for land at the Sau Ste Mare Michigan was
returned from the House OF Representatives with the fol-
lowing amendment
Sec 4 line %, after the word expenses, strike out
: M a sur not To
exceed 500 hereby appropriated out Of any money in
the treasury not otherwise appropriated :"
The amendment OF the House, on motion OF Mr.
FELCH, was c0ncurred in.
THE GALPHIN CLAIM.
The joint resolution from the House Of Representatives
authorize the President Of the United States to
suit to be brought agant George w Crawford, late Sec
rotary OF War, read first and second time with
Mr. BADGER can see no reason why that resolu-
ton should not be passed without reference TO COM
mittee Ii is measure which introduced into the
House at the request OF Mr. Crawford suppose there
can be no objection to crafty his wish on The subject,
and hope the resolution viii be put upon its passage
Mr. BUTLER. | hope the resolution will be put upon
its passage, with decided opinion my part that
Mr. DAWSON moved to refer the resolution 10 the
Judiciary Commttee which motion did not prevail. and
The resolution considered by the Senate in CON-
miee of the whole.
MIR. TURNEY / have but single remark to make
think the resolution itself will not raise the question
which il is proposed 10 raise and to investigate before
the COURTS that is. the correctness of the decision of
the departments here IN paying the interest upon this
claim II cannot do IT, In the inst instance because Mr.
Crawford only acted as agent or attorney for the GAL
phns and il he received the money in the character OF
agent or Attorney the presumption that he has paid il
over to the owners, retaining doubt the fee which
was TO be paid him by the contract with them. II this
question Is to be tested, you must the parties who
ceved the money, and not the attorney who prosecuted
the claim II mere humbug to say that Mr. Crawford
justified that the departments Justified pay
ing H. account OF any decision which the courts might
make under this resolution The suit must be brought,
not against the agent or attorney who prosecuted the
claim, but against the man who recovered The money
And besides, iron the provisions of this resolution,
take ii that even if Mr. Crawford the proper party
be sued you could 20 behind the decisions OF the
auditors and comprollers and OF the treasurer who paid
the money Their decisions would be final and conclu-
slve before The court rhqs i would be mere matter Of
order TO whtewash the character of some man. | am
opposed to passing this resolution 70 authorize Judicial
investigation for the purpose Of withdrawing the char
acer Of Mr. Crawford in this transaction
You cannot reach the question OF the correctness of
the decision Of the department in paying this money by
any suit that be instituted under this resolution be
cause you cannot Mr.. Crawford The attorney; and
secondly, because in any such suit the decision OF the
auditor aud treasurer would be conclusive upon the
court. The court would have no right to reverse H.
Their decision would be the law OF the case An act Of
Congress coners the duty OF making such decisions upon
these accounting officers, and there is no law authorizing
the correct reverse them. No appeal can be
en- nor is there any mode OF revising the decisions OF
the accounting officers; and hence say this is mere
mode OF withdrawing the character Of Mr.. Crawford
without any possible hope even OF submitting to the
court the correctness OF those decisions The court
would have no power to reverse or revise them and
render judgment against MIR Crawford. il he was
the proper 10 be sued 10 this money hold
that II Is utterly unnecessary therefore, pass any such
resolution In fact, think IL Ii throwing good money
after bad" TO incur the expense OF lawsuit merely for
the purpose OF withdrawing the character OF these par
ties
Mr. EWING think the senator from Tennessee IL
entirely mistaken in all the positions he has taken 10 this
matter In the first place. he says that the proposed suit
not against the proper individual and that the SUN cannot
be sustained against him. because he II only the attorney
and the party Now, cir, this attorney received the
money, portion OF the money, no matter how much
but whatever portion Of that money he received II he be
sued for IT, and II in his pleadngs he do not SET up the
The has TO be decided upon the declaration and the
plea, and you sustain the action against him he adj
s thai he received the money, and does plead that
he received il attorney. Now, be says in his commu
nicaiion to the House that be will put In that plea
II he do, he is dishonored matter OF course,
undertake to say that he will not plead nor set up az
defence that he received this money attorney SO that
as to that particular point, II may be settled without any
difficulty at all, just II you sued the individual party
instead Of the sueing the attorney.
AS 10 the next position, that the settlement OF this
count by the accounting officer is conclusive, Mr. Craw
ford says in his letter that he will set up that
defence nor will he set up anything defence except
the legal right conferred by law, TO pay this money, and
every part Of IL, over the parties he will not set up
defence the fact that the accounting officers have
acted upon II al ALL In his pieadings he will present the
single and sole question: that the law Of 1S4s and the pre-
vious obligations OF the gave him the right 10
receive this money. Well, If he does thatf the plead
ngs presented in that form, need not say 10 every
kn kx.