The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-25

will remember the circumstances and the anxiety Of the
government have them enrolled and removed. This
viduai a subagent, sent out by the admfnlstra
ton. The object OF The government 10 enrol and
send off many Cherokee Indians possible The
OF funds furnished for that purpose by the active
exerons not only OF the principal agent but of this sub
agent also, IRON The increased number, gave The
was then authorized by the Secretary OF War
IN that emergency, 10 procure money The instructions
were POSITIVE TO enrol many Indians and 10 send them
oil as rapidly as possible. The Secretary of War then
directed ihe sub agentwho had credit which the agent
mad nol--to procure the amount meet the expenses
and to have the Indians enrolled and furnished with
means OF transportation to the West Under this author
ly gwen nm, the subagenl went and procured the
money In few days the bank broke although il was
before IN good repue In the time he had paid ou,
part OF the money, which he Immediately took up with
other good money furnishing It out Of his own pock et
and subJectng himself to considerable expense which
the papers show, but which the committee did not think
we had right to make allowance for He carried
the money back TO the bank but they would take H.
and commenced suit against him 10 recover the amount
OF his note. He defended the suit and these were the
actual expenses TO which he subjected in defending
that SUIT tie lost his time and his money, while he lost
very considerable sum out OF his own pocket which
was not reimbursed for considerable time
Mr BRIGHT. With the statements made by the hon l.
orabe senator from Texas think it would be a very
dangerous precedent to allow this claim deny that the
Secretary OF War; any other head OF department has
right TO authorize subordinate officer to become a
IS supposed at all times TO have means within the reasu
ry 10 meet the ordinary and extraordinary expenses OF
the governments and any order directing payaster or
any inferior officer OF the government borrow is nu-
gatory and ought to be treated as imperative by Con.
gress Taking the facts just they placed before u.s.
he takes loan, involves himself and the government
and then, alter long lawsuit he asks the government
70 become paymaser OF costs and attorneys ecs
ing to 5000 in suit against ~ OOO handsome per cent
OBJECT 10 the principle that the United States should
money borrower and that subordinate officer, so far
removed from The government as subordinate indian
agent should be authorized take loans, and subject the
government ne It. e costs under such circumstances
Mr. DAWSON. | am acquainted sir, with the trans
action II happened in the section of country in which
reside IN the State of Georgia The principle which
the senator from Indiana contends for is le
gal principle. The government had power to author
ize the agent to borrow money But it, for the benefit of
the government such things shall be done the principles
OF equity nterpose and say that the government should
liability in consequence OF that act presume one
will deny that 1t so happened at that period that the
money gave out. Al that day, from 1886 to 1885, we
were under far too embarrassing circumstances allow
OF the easy transmission of money by the of
the United States through the Cherokee lands in Georgia
and when they sent to Washington, they instructed
to borrow the money order to facilitate the enrolment
OF The lndians-Colonel - being the man who had
the funds transmitted and Mr. Benjamin +. Curry being
instructed by hun 10 go to Macon in the State of Geor
ga, and barrow the money ople to enable certain In
dian families to migrate He goes Macon, and borrows
$1,000, and gives his own note tor IT, He then returns
to the Indians and appropra,es part of the money in
rolling them. But IN very short after the money
was borrowed, the bank OF Macon failed and the funds
became OF no value. All that Colonel - had paid
OUT returned upon him, and he had TO redeem it, which
he did. Tie then had the whole money borrowed from
the Macon bank in his hands He returned to Macon
surrender the money they had advanced him upon his
noe-the very same bills But the note in The time
had been transferred TO third person. creditor of the
bank, and they refused to receive the money Colonel
then refused to take up his note, saying that he
had received no equivalent for IT, II would be very unjust
10 orce him TO pay the debt He sued for thai
and the suit was IN litigation five six years from
TO court Finally court of equity called upon, and
by the decree OF that court thls third person
al In taka
question which arises is this, and any awyer-and
my friend from Indana-wili recognise the prn
cple in moments This defence should be a, the cost OF
those Tor whose benefit the money was borrowed for
that State or government For whom was il borrowed 7
For the government OF the United Sta Now will you
visit upon citizen the loss in defending himself against
suit tor money borrowed in behalf OF the government
and under the circumstances and say he shall lose all
when he was acting honestly and faithfully IN the dis
charge OF his duties officer OF the government
am sure you would not do so IN your private TRANSACTIONS
do believe you will do with your representative
submit, then, whether these expenses should not be
paid back to him. think no will deny that they
ought TO be. But 1t is said that they too large
Il my Trend from Indiana will look a, the bill accompany
ing this pepn and these papers, he will find that tits
not so Sxyears litigation, with all the accumulation Of
costs from court 10 court, and the hnal transfer TO the
court OF equity all combined, amount TO good deal
Then, as TO the lawyers fees. you know they must be
paid, and we have evidence that they were pad-pad IN
tie most dsinerested principles oil the barand were not
at all enormous Oa the contrary, the senator will de-
duct the costs from the fees he Will ind that they
| my friend from Indiana will be-
lleve when tell hm that OF the South, m
OF that kind depend upon the fees they do in the
West, getting reasonable fees as we possibly can
Those tees being reasonable and PAID By the individual,
he asks not for the return OF single dollar he had appo
prated out OF his pocket 1t - needless 10 argue the
case further uust the senator from Indiana will with
draw, this state OF facts hs opposition to the b and
let II pass
Mr. PRATT The question involved in this case is
oil importance, point OF principle, as II occurs
to II ~ the question OF power upon the part ol TINS
particular agent alleged agent OF the government to
borrow moneys and the principle assumed by the bli ls
that where agent-or who alleges himself 10 be
an agent Of The money although u
may be OF a broken bank, there being law authorizing
him TO make the loan. the very fact that he has bor-
rowed the money obges the government TO pay all the
loss which this party may by ot his having
borrowed money which is IN itself worthless. Here -
officer, uader the alleged authority OF superior
officer, who bouows money OF a bank which two or
three days afterwards breaks This party comes back
upon the government OF the United States to be REIN.
bursed for the expense he incurred by of this lille
ga act on his part apprebend that unless my worthy
friend from Georgia will show act OF Congress,
some law which authorizes this superior olce to give
some authority he does not advance ioa IN the sup
por of his proposition that bound 10 pay II he
can show single case or any law by which this officer
authorized 10 give the authority, then J shall be
willing vote for the payment OF costs But u there IS
no auhorty and act of Congress authorizing IT, ap-
prebcnd they ough, not to be paid
MIR CLAY moved that the blll be lad upon the table
which motion was agreed TO.
cALIFoRaIA-rrRRIroRTAL OBSERVATION-DISCLOSURES
The Senate resumed the consideration OF the bill Tor
the admission OF California into the Union. the estab.
lishment of territorial governments Tor Utah and New
nexc2 and making proposals to Texas lor 'ne serue
nent OF her northern and western boundares-he qucs
ton pending being upon an Amendment submitted by Alf