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

4
gentleman before (Mr. EwIsG) stated the money "I 70
ceived by him. he wed up that was recesea ny
him attorney, plead any plea that would Pese. ne
merits Of the from being investigated bu, = ne
certain be may de- and as his administrators and executors
would feel bound themselves to take every legsl
the bill before therefore is imperfect oos nv
under all the circumstances which may occu' an us y u
eide what intended by Mr. Crawford 70 DC wheh
he addressed his letter to the House. Dsneve nun 70
man high honor and have doubt wnaeSe, wou,a
be governed by the propositions in that letter but he
die, the would be different
Mr. GWIN. move to lay tne !eoieuon oh 'e 'aoi0' %
that may proceed with other business.
The mott on not agreed TO.
Mr. BADGER. desire to engage ior a momen. OF TWO
the sttept ON of the the question presented In this
ution In the place desire say that donot
agree with my friend from South Caona, that there any
oberor in the form proposed by the House OF Representa-
tves to be given this investigation do not understand
how is in any sense making of the United States
arbitrator decide this question There avery clear
sgenersl principle, that if is in possession OF money
which, belongs TO the Government Of the United States na
Govanment has right to institute suit and ny tnat suit
the proper tribunals compel the payment Of the money
which this Individual holds and which belongs them
Mr.. BUTLER. will with the Senator's permission, ASK
him question, which perhaps may shorten 'nis s'gume1
1t is whether the Government this time could sue Mr.
Crawford
Mr.. BADGER. My friend generally anticipates An ar
gumen consists Of steps, and was going on sep ny seP
present my views this question: when my friend asks me
question which inevitably answer beforsi get through
and while stating premises which lead 70 tnat concu
sion. The general principle as stated that Is In the
possession Of money belonging to b. has nsn1 70 sue sa
the United States have the right torccover the money
which s in possession Of, belonging them believe
there is nothing 10 prevent it.
Il would be very strange indeed, il when there 10 IN the
possession individual money belonging the united
States the Government would not have the faculty which
every individual corporation has to institute suit for us
recovery. Them that being clear, the only difficulty that
could arise with regard the institution of suit against Mr.
Crawford would arise from the proceedings in the Executive
Department That is all The nature of the claim is pro-
pey audca the right properly assertable IN court
Of law The United States is proper and competent party
20 such claim and the only why there Is any
embarrassment the subject arises from the proceedings
which have taken pacein the Executive Department Now
they have nothing to do with the subject than they
would have sin an ordinary Of claim by party
a release which might be pleaded in law against ham,
The fact of the existence of the release would not change
the nature Of the claim. Quite the contrary 1t is still
legal claim and the release is legal impeachment to its re-
covey If the release be removed out Of the the legal
cam in It's character still subsss the legal rights re-
tained aod the action can be supported
Now, Mr. Crawford comes here and proposes that ne
will withdraw and not insist upon any bar which tech
ncally he might have right plead against the claim
of the United States to this money, supposng
that the facts that constitute that legal bar did net exist
II me, them clear that the of this
action perfectly analogous the have supposed, OF
having claim against another and his supposed
debtor having in his possession areease II he surrenders
that release if he does pead there no more difficulty
in testing the merits Of the original claim than if the release
had been executed This then, proper nvestga-
ton for this claim, in proper court In its nature judicial
the functions to be exercised by the judges functions
which are exercised by them the regular discharge Of their
ordinary official duties So aspect and shape in which
can seeit is it the establishment Of arbitration. The
action is be brought in the Circuit Court OF the United
States, and if that constituted arbitrator, all know
that decisions would be final but the courts Of
peal and to be allowed every other of
ton brought in that court.
am not going to enter int any Of these investigations
in nd
but desise, however, say this In the first place. have
personal acquaintance with Mr.. Crawford 1t happens
that have not had introduction to that gentleman
and know nothing of him. except know from his gene
raj reputation in the country One thing is certain how
he has been most cruelty assaed in regard to the par
cular transaction which this resolution relates. When
say that lido refer any thing which has taken place in
the Senate, abroad throughout the country. Mr..
Crawford thinks he has right to this money but he not
willing retain it unless he has that right; and he comes to
the House and asks that action shall be brought to
tain whether he is entitled to the money not.
My opinion, from the examination have given the
CASE is that all that done in the Executive department Of
the Government rightly done, and that under the act Of
Congress this claim adopted end made against this
Government in the condition in every respect it
formerly stood against the Government Of Georgia. Against
the State ofeorgia claim valid for principal and in
eest both, and therefore when adopted by the United States
it became just claim for principal and interest against the
United States When this gentleman and asks that
this question may be investigated and proposes put
obstacle out Of the and submit this legal question to
cruel marsh treatment 10 MIN TOT
the Congress of the United Staesto refuse what he thus
asks and what think fair and just respect for bis character
sand standing requires
Mr.. BUTLER. have but two propositions to state, and
those very briefly. did understand that under anylaw
may PROPOSE Mr.. Crawford may release the judg-
men far ashe is concerned under which this money
paid II paid to all ntents and purposes pro-
ceedng havingya the validity Of Judgment and far
he is conference.-the may undoubtedly release that Judgment
but he has right release the other party is
concerned But that not the gravanen of the remars
made say that Mr.. Crawford has right to bring the
Supreme Court Of the United States into collision with the
Executive Departments of the Government It is in
cordance with the genius of Government and believe
be inconsistent with the independence those depart
Of the Government believe they ought 10 be kept
separate and that neither should have anyupervsoy power
overlhe other move to lay the resolution the table,
Mr. EWING demanded the yeas and naye, and they
Ordered.
The question then taken the motont lay the
luton on the table, and resulted as follows:
TEAS-Messrs Atchison, Benton, Bright, Butler, Glass;
Chase Clay, Davis of Mississippi Dickinson, Dodge, OF
Wisconsin, Dodge, of Iowa, Felch, Fooe Gwin,
Hale, HamliD Houston Jones' Norris Pearce usk Sebas
tan, Souie. Sturgeon, Tnrney, and Whitcomb--e7.
NAYS-Messrs Badger, Baldwin, Barawe, Bell, Berren,
Clarke, Cooper Of Massachusetts Dawson, Dayton,
Ewing Greene, Hunter King, Mason Morton, Pratt Seward
Smith, Spruance, Underwood, Wales, Walker, Winthrop,
and Yulee-25
So the resolution was laid on the table,
CoLLEcTIoN DISTRICTS IN CALIFORNIA.
The bill to establish collection districts in California which
laid upon the table few days SINCE taken UP again.
the motion of Mr.. GwIN and after undergoing some
amendment, was passed
GOLD MINES IN CALIFORNIA.
The Senate then resumed the consideration of the bill TO