Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-28

the pension TO whose leg bent in conse
quenee of wound and Is in such condition rs 10 be use
less as to the man whose limb has been taken off, 1t will b
great deal better in many be without the limb thar
have in the disabled and useless condition n which
of them think this is the fair Interpretation 10 b.
given to the term disabled. u pat
The question was then taken on the amendment. and
was agreed to- s8t tt8fr
Mr.. HUNTER. I now move to strike out the whole q
the fourth section, which is these words
Sec L. lind be further enacted, That the terms loss IN
batle limb limbs used in this act shall be construed
such injury limb limbs shall deprive the
OF the Of such limb limbs the degree total
disability" M
Mr. EWING. I have looked at the section with some
care and certainly think il is right If carries about
disabled limb which is totally useless, he is off than
the who has lost limb. If this section should be
struck out do not think that there will be very extrava-
CANT expenditure has been suggested The proportion Of
limbs utterly disabled cannot be very great
Various amendments adopted; after which the bill
reported the Senate, and the amendments which had
been made in Committee of thel were concured in.
Mr.. BRIGHT. now renew the motion which
ected in committee strike the 4th section of the BILL
and on that question ask the yeas and nays
The yeas and nays ordered
The question being taken, by yeas and nays, the
ton to amend by striking out the fourth section resulted
YEAS-Messrs Atchison Barnwell Bright Butler
son, Dodge, of Wisconsin, Downs, Felch Foote Greene,
Gwn, Hamln, Hunter, King, Mason, Norris Pearce Pratt
Sebastian, Soue Spruance, Underwood, Whtcomb, and
NAYS-Messrs. Badger, Baldwin, Bell Cass, Cooper,
Dayton, Ewing, Fremont Houston, jones' Morton Rusk
Seward Shields Smith, Sturgeon, Turney Wales Walker
and Winthrop-2O.
So the amendment was agreed to.
The bill then ordered be engrossed for third read
n.y.
THE GALPHIN CLAIM.
The joint resolution from the House of Representatives to
authorize the President Of the United States suit
be brought against George w. Crawford late Secretary of
War, was read first time by its title as follows:
Whereas the following communications of the date herein
tyes Of the United States, by George W. Crawford late
Secretary ofWar, viz
WASHINGTON, JULI l6, 1850.
SIR The application had the honor make through you
to the House Of Representatives the second of April last
having for its object the investigation Of conduct rea
ton to the Gaphu claim, has, understand been decided
and the is the condemnation Of the claim and all sub
sequent proceedings under the of Congress which provided
Tor Its settlement except the payment Of the principal
character, have respectfully request that the House
OF Representatives may take the necessary steps
Of that any portion OF the Galphn claim have received
AT the same time prompt give the haI will
not nerpose delay raise in defence other question
than the proper construction of the for the relief of Mil
ledge Gaphn the last will and of Geo.
Galphin deceased approved August IA, 1S4S.
sa,e the honor to BE-
Hon. HOWELL CoBB, Speaker, &C., Washington.
JOINT RESOLUTION to authorize the President of the
United States to suit to be brought against Geo. W.
Crawford late Secretary Of War; and provide for judi
cia decision OF the question matter therein referred
Resolved by the Senate and House of Representatives. Of
the United States Of anerca in Congress assembled That
the President of the United States be and he is hereby
horzed suit to be brought the of the United
States of America against the said Geo. W. Crawford the
Circuit Court Of the District of Georgia. back the
interest allowed and paid him upon the claim of said Gal
phin, authorized be examned and "adusted"b the
Of Congress- approved August IA, A. D. eighteen hundred
and entitled act for the relief Of Miedge
wi md of
Gaphin, deceased, any part thereof that may appear
the Secretary of the Treasury not authorized allow
and party to be entitled to writ OF error appeal
as in other
The joint resolution read second time with view to
reference.
Mr.. BADGER. can see no reason why that resolution
should not be passed without reference committee 1t is
measure which introduced into the House at the
quest Of Mr. Crawford. suppose there be objection
to crafty his wish the subject and hope the resolution
will be put upon its passage.
Mr.. BUTLER. hope the resolution will be acted on at
with decided opinion my part that it ought not to
Mr.. DAWSON moved to refer the resolution to the Judi
ciary Committee which motion did not prevail and the
luton considered by the Senate in Committee of the
Whole.
Mr.. TURNEY. / have but single remark to make.
think the resolution itself will not raise the question which it
proposed TO raise and to investigate before the that
the of the decision Of the departments
here in paying the interest upon this claim II cannot do it.
in the first instance, because Mr.. Crawford only acted as
agent attorney for the Gaphins and if he received the
money in the character OF agent attorney, the presumption
that he has paid the owners retaining, doubt
the fee which to be paid him by the contract with them
this question to be tested you must the parties who
received the money and the attorney who the
claim is humbug to say that Mr.. Crawford was
justified or that the departments were justified in paying il,
of any decision which the might make
der this resolution The suit must be brought, against
the agent attorney who prosecuted the claim but against
the who recovered the money And besides, from the
provisions Of this resolution take it that if Mr. Caw
ford the proper party be sued you could not get be-
hind the decisions Of the auditors and comprolers and of
be final and conclusive before the court Thus would be
matter Of mockey to authorize the President to bring
suit in order to whitewash the character Of
opposed passing this resolution authorize judicial
investigation for the purpose Of withdrawing the character
Of Mr. Crawford in this transaction. You reach the
question Of the correctness Of the decision of the department
paying this money by any suit that be instituted under
Attorney and secondly because in any such suit the decision
of the auditor and treasurer would be conclusive upon the
The would have right to it, Their decision
would be the law of the An of Congress cones the
duty making such decisions upon these accounting officers
and there law authorizing the
them No appeal be aken there any mode of revising
the decisions Of the accounting officers and hence say this
mode Of whitewashing the character of Mr. Craw
ford without any possible hope of submitting the
court the Of those decisions The would
have power revise them and render judgment
against Mr. Crawford if he the proper be
sued to this nsney back. hold that is utterly
therefore, piss any such resolution In fact
think It is throwng good money after bad to incur the
expense Of lawsuit merely for the purpose Of whitewashng
the character of these parties
Mr.. EWING. think the Senator from Tennessee is
entirely in all positions this