The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-21

sreacs but il occurs to 10Y mind that these parties hsvs
their remedy law, ii is true that Mf Quackenboss
i've others Joined him in thai bond and that they did not
do H. understand that by decision Of the Supreme
Court the whole exoneraed must confess sir, that
with these Impressions shall want some stronger evil
dence to induce me to vote for the bill
Mr.. BRADBURY. The senator from Indiana Mr..
WHTcoMBl will perceive that the transaction occurring
OF il; and judgment being rendered. il would be impos.
sibe for him to avail himself oil the facts which may be
known ~ e l hlm to exist i.
know il the names Of the five gentlemen who were to be
surees were IA the bond that is. whether they were in
the body OF the bond
!, Mr.. BRADBURY. No copy Of the body Of the bond
has been presented to the committee, and do not know
whether that was the fact not Perhaps i may BE-
with the usual number OF seals, indicating an expecta
I NJ a' s%Sss s M fssi ss. Admitting
body the bond, am not certain, but fear my honor
Bile friend may have been imposed upon in relation TO
these facts But, sir require evidence here Of the
senator from Maine Mr. BRADBURY] is satisfied OF the
truth Of the statement which he makes, bat should like
to have information ,.. from some other channel
be relieved, and that the bond should be delivered up TO
him on the conditions that he asks. he has already
given up every dollar, and all he asks now is to be re-
has not the means % satisfy He asks the privilege Of
surrendering everything that he possesses have no
doubt Of the statement made in connexion with this case
Mr. b. proceeded to state that if the memoriais had
chosen to 60 into chancery he might have been relieved
BY the equity Of the case He had signed upon the
sumption that there would be i've other sgners His
eyed by suit in chancery from all but all he asked
to give up all his property, and than all and then
lMr BIZ thought The Proposition was nothing more than
Mr. KING have no doubt that this unfortunate man
wishes to be released from any obligations hanging over
him as security OF Samuel Swartwout My friend from
South Carolina seems to think that because the surety
has made the bond imprudeny, and has acted badly
he should be released He takes il upon the broad ground
that because the poor and has family support
he is 10 be released you should establish that pre-
cedsnt, there would be end to applications Of this
with the signatures actually attached, three persons
having signed il They supposed i was sutfi-
cient otherwise il would not have been received,
because the attorney OF the United States bound
tfy as to the ability OF the persons who go security
The government was not to judge whether the sureties
were imposed upon BY the principal not they could
not by possibility determine that they had been imposed
upon until il had been ascertained that the fraud had
been committed; they expected il was bond divided
among number Of persons Well sir. the principle is
throw any obstacle in the way of the passage of the BILL
because take it for granted that the committee has fully
Mr.. BUTLER. wish to make one remark do not
contend that should give relief because the gentleman
is poor say It IS my impression that It s the interest
OF Inc government 10 compound Win MIN. Oeeve tla
his friends viii advance the for the purpose Of
releasing him from his bond and that amount be OBJ
tanned in no other way for this man. being nsolvent
forced upon his bond. could pay nothing and the govern.
ment would not get any portion OF the money he asks
to be allowed to buy the privilege Of compromising with
the government and it is the interest Of the government
Mr.. HALE. Mr. President, | want to ask one ques-
ton, as intend TO vote for the bill. ! see that
there Is proviso that shall not operate to release
the other sureties | understand that il is prin-
ciple OF common law that 10 release surety is TO
discharge ALL Now then, can We on our part, pass
provso 70 release one and not release the othes take
it. in my humble judgmentthough with great Difference
to the commteethat il is not competent Tor the govern
ment to do any such thing. Were TO pass any such
poviso as that the others are discharged unless there is
arrangement with the other suretes that il shall not
Mr., BRADBURY will say tina, | canno, doubt but
that this surety can be released without dischsrgng his
CO sueties Il may be done in this BY the Score.
tary Of the Treasury il the bill passes, by stipulation
not to enforce the further collection OF the judgment
against the person property Of the surety TO be relieved
accompanied by the provision that the stipulation shall
Mr.. BERRIEN. Mr.. President. there are one or two
considerations in the report which they have made which
may be stated in answer TO the inquiry OF The senator
whether the OF the other suretes were included
IN the bond beg TO say that TO complete an instrument
for the signature OF any OF the parties OF the bond
il must have been filled up the time when Il was pre-
scented 10 each. The names OF all the sureties then
were included in the bond when il presented
for his signature The bond was also 10 be sub
scribed by three other suretes. The government sees
on the face OF the bond that il is an imperfecty
executed bond-that it is bond executed only BY
a portion oil the parties named in II, and not by
the residue and that fact Is withheld for considerable
tmesome two three yearsuntl the bond is present
ed for the purpose OF prosecution II should not have
been delivered until all the parties had subscribed their
signatures That is the FIRST consideration the second
this; AT the time the judgment obtained against Mr.
Quackenboss, il discovered that he state OF
absolute insolvency. The property which he pro-
poses to give not his property II is that OF his
friends, who desire TO release him from the incumbrance
He wishes to provide for his family The government
will receive from his friends that which they could
extort from the poverty OF the individual himself
Then. sir, with respect TO the proviso attached u IL
principle OF common law that II release one OF the
securities release the whole. How far the common
law operates upon the express legislation OF Congress,
the this The Secretary OF the Treasury has IL
his discretion TO release him not H. then, appears
10 him that the assent OF the other securities is necessary,
be will take TO obtain the assent Of those other
curitics- before releasing this memorialist
| Mr.. HALE. 1 hope there may be some amendments
offered 10 this BILL cannot vote for il under my present
Impressions unless there Is some amendment
Mr.. DICKINSON. spprehend the senator from New
Hampshire extends that doctrine further than the rules
cayi II perfectly competent stpulate not 10 prose-
cute this man, after his having discharged himself.
leaving 10 be paid BY the other oblgors that which be-
longs TO them to pay. Changing word or two IN the
bill, think, will satisfy the senator's views. Let il be
instead Of that he shall be released that "he shall
not be prosecuted 1881 81
Mr.. HALE. / understand from the senator from
Maine Mr.. BRADBURY1 that il is not worth straw
whether he Is released not therefore withdraw my
objection.
Mr.. DICKINSON. tits case where an honest cred
tor would wish to be released from all further trouble
Mr.. IuRNEY. ! cannot vote for this bill. regard
"a - - -