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

6 a sss S " may psesi VIII ,o Ike Sasnsss
The motion was Dot skseed TO-
Mr. BADGER desire 70 engage ior moasn, q
in this joint resolution In the ht place, desire 70 say
thai do not agree with my friend from South Carolina
that there is any objection in the form proposed BY the
House Of to be given to this investigation
do not understand how il is In any sense making q
court OF the United States arbitrator TO decide lnis
i posssssoa " money Which belongs 70 The
government Of the United States, that government has
tight to institute suit and by that suit in the proper n
i"asdas fP boss sn s which belongs to them
Mr. BUTLER ! viii, with the senator's PERMISSION
ask him question which perhaps may snols1 thus sgaa
sue Mr. Crawford IL invitum ..l..
Mr.. BADGER. My friend generally anticipates Al
argument consists Of steps and was going on ssp ~
friend asks me question which ! masi inevtaoy an
swer before get through and while am stating prem
ples is, as stated that if is in the possession Of money
belonging to b. has right 70 sue him. and recover
and suppose there is nothing clearer than that the
which A is in possession Of. belonging to them be-
eye there IL nothing TO prevent IT, i would be very
strange indeed if when there is in the possession OF an
individual money belonging to the United States, the
government would not have the faculty, which every in
nvidual or corporation has to institute sun fof Us re-
covery. .n. ., ,,e,. l3.,,
Crawford would arise from the proceedings in the execu
tive department That is all The nature Of the claim
in court Of law The United States is q proper and
competent party assert such claim and the only rea-
son why there any on the subject arises
from the proceedings which have taken place in the ex
ecuve department. Now, they have nothing more 70
do with the subject than they would have IN an ordinary
case q claim BY party who had executeaa release
the existence Of the release would not change the nature
Of the claim Quite the contrary i s still legal claim
and the release is legal impairment 70 s recovery
the release be removed out OF the way the legal claim in
its own character still suhssts the legal rights rein
stated, and The action can be supported.
Now, Mr. Crawford comes here and proposes that Re
will withdraw and not insist upon any bar which tech.
ncally he might have right TO plead against the claim
of the United States to recover this money, supposing
that the facts that constitute tina. legal bar DID not exist
this action perfectly analogous to the case have sup
posed, Of having claim against another, and
ne supposed debtor having ms .hsss
claim than II the release had never been executed.
men, n ia naare udc The functions 70 Be-
exercised by the judges functions which are exercised
BY them in the regular DISCHARGE of their ordinary ohcal
duties So n no aspect and shape N which can see y
is il the establishment of arbiuation. The action is
to be brought in the circuit court Of the United States
and il Ina, constituted arbitrator all know tina!
its decisions would be final but the same wrs OF appeal
and error are to be allowed every other OF
ton brought IN that court
am not going 10 into any OF these investigations
brought IN here N regard to whewssGng ana o,ne mat
have no personal acquaintance with Mr. Crawford. II
SO happens that have not had introduction to
that gentleman; and know nothing OF him, except as
/ know from his general reputation in the country, One
thing Is certain however he has been most cruelty as
sailed in regard TO the particular transaction to which
this resolution relates When say that do not refer
to anything which has taken place in the Senate, but
abroad throughout the country. Mr. Crawford thinks
he has right 10 this money, but ne Is not willing
retain unless he has that right and he comes TO the
House. and asks that an action shall be brought
tain whether he is entitled to the money or not
My own opinion, from the examination have given to
the is, that all that was done in the executive de-
pament of the government rightly done, and that
under the OF Congress this claim adopted and
made against this government, in the same plight and
condition every respect formerly stood against the
government Of Georgia Against the State OF Georgia Il
was a claim valid for principal and interest both, and
therefore, when adopted BY the United States became
Just claim for principal and interest against the United
States When this gentleman comes and asks that this
question may be investigated aad proposes TO put every
obstacle out of the way, and submit this legal question to
legal court would be cruel and harsh treatment 10
him for the Congress OF the United States 10 refuse what
he thus asks and what think aiI and just respect Tor
his character aud standing requires
Mr. FOOrE. MIR. President---
Mr. BUTLER understand the object OF my friend 10
10 move to Law this motion on TIE table.
Mr.; Fo0rE- Iunderstaod that my friend desires TO
close his remarks with motion TO lay this subject on the
table, and understanding give way to him with pleas
ure.
. Mr.. BUTLER. have out Two propositions 10 STATE,
and those very briefly did not understand that under
any law may propose. Mr. Crawford may not release
the Judgment so lar he il concerned, under which this
money paid II IL was paid, u was to all intents and
purposes proceeding having all the validity Of judg
nent and far he Is concerned he may undoubtedly
release that judgment but he has not right TO release II
far the other party Is concerned But that was not
The bearing OF the remarks made. say thai Mr. Craw
ford has no right bring the Supreme Court OF the United
States into collision with the executive departments OF
the government II Is not IN accordance with the genius
OF our government and believe IL 10 be inconsistent with
the independence OF those two departments oil the govern
men believe they ought be kept separate and that
neither should have any supervisory power over The
other move 10 lay the resolution on the table.
Mr.. EWING demanded the yeas and nays, and they
were ordered .
The question was then taken the motion 10 lay the
resolution on the table, and resulted az follows;
YEAs-Messrs. Aichison, Benton, Bright, Butler Cas-,
Chase, Clay, Davis Of Mississippi Dickinson, Dodge Of
Wisconsin, Dodge Of lows, Feich, Foote Fremont Gwn
bastian soule, stafseon, Tumey. and Wiicomb-N.
NAYS.-Messrs Badger, Baldwin, Bamwei, Bel, Ber-
rien Carke, Cooper Davis OF Mas.achuseits, Dawson,
Dayton, Ewing Greene Han,er King. Ms.9a' M %s'
Walker, Winthrop, and Yaiee-D
So the resolution was laid on the table
COLLECTION DrsTRICrs IN CALIFORNIA
On motion by Mr. GWlN, the bill to create certain
collection districts in California, which had been laid
upon the table Friday last was taken up for con-
Mr. HAMLlN moved TO reconsider the vote BY which
the bill was ordered be engrossed for third reading
The PRESIDENT The day has passed upon which
IL would be In order 10 move reconsiderauon but
may be done by unanimous consent
No objection being made, the vote was reconsdered
Mr.. HAMLIN moved 10 amend the bill BY adding
thereto the following, as an additional section:
- a = A. t.. In.s. all