The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-30

Nh. HALE, wish 10 say hope the bill will pass
ILe claim appears 10 DC just.
Atr, ILEMhNS l made no motion. | made sug
gestion merely
Mt HALE rise simply to say that hope the bill will
pass. appears TO be of Justice 10 the par
lies 10 pay them what has been withheld under the cir
cunsianc.s mentioned.
Mr. CLEMENS Mr President, according to The ad-
mission OF the senator from Mississippi [Mr DAyIsJ
there no justice III IT, Tie admits the government did
ase ~ the failure OF ihese parties 10 perform their con.
Iaci Are they, then, to come IN aud pay again The
bu sci ~ damage, II the patty Jailed TO comply with IT,
They would be losers by IT, Now we are made to pay
an, although we have once ostto what extent no man
kaoEs' move, Dir President that the bill be laid
uy1u the table.
Mr. BADGER Mr. President. hope the senator will
wlthdiaw ipr one moment that motion.
MIR. CLEMENS Ceftanly, tir.
NJ BADGER Mr.. President, il seems TO me there is
fsa tonl n lhls matter. and not exactly that which
le -tnaiof nom Alabama Mr. ILEMENsl states. Sup
p7.gg ihr cpatacuts 20 have failed the performance
- irir du,y 10 lhe time, well any other respect
and surprising ihls damage 10 have resulted 10 the
40yepfn there y 40 DOUBT that IN strict law and strict
uKht The gnyeIn,nent may it but it turns out in
p0hl U Tact, thai the failure resulted IRON any neg
ect a,0n lAe pan o the comlany-no, IRON the hsppe-
ii aay event ai could baYe been foIeseen, or pro-
raed AGAINST ty any human sagacsbut by the act of
GDlte distraction Of Ihe vessel bearing The materials
5uoi which these goods we're 10 be fabricated By storm
Ates Wet that being the ae aud the company being
HRty hc losers hy tie destruction Of thi, vessel in which
-hc whole a The materials embarked totally lost
tAr qursHon - htiGtr TIE government will exact this
"poaud ot flesh !; whether they will insist upon The
lNeai compliance viii lie obligation, or whether they
Ni DO what Iue,iec and equity require from govern
neh 10 Us eLrr, faithfully enteavoring 10 carry out
tde contract. | thi0k Il would reasonable the
government should do wha, | believe has been the
Srnegsi eHslon ui uns gossrnmeai When failure
akes an honest and ANXIOUS effort 10 discharge
Tie CONTRACT within tie time specified, and the party
making tbs hnHes eo Is prevented from doing it by
puwef that no human agency conrol-especiay
hen lie himself IN The very event which dsables him.
iaf loser thaa tie fnmentthe question is
then whether s reasonable usl fair, or consdera.e-
hether briugs 70 the paerua character Of this gov
eminent owads ITS cilzens-to exact that penalty.
Mr.. DAVIS, OF Mssisspi'. TIE senator from Ala
ba claims that the statement that made, and which
drawn iion the apes ol hs is an admission
no adm bat statement The bill reports
only the amount necessary TO the exact amount
lost Iakins the statement, be correct suppose the
government have lost lake the statement TO be correct
aud every tell what the amount is which the
government have lost. II thy have paid what they say
lney have TINS i be statement of the Quartermastsr
General thar this is the difference between the amount
delivered and The amount not devefei-the difference
between the amount not delivered and the amount pur
chased. The evidence submitted by the committee is,
a they did furnish additional woollens a, less than the
contract puee But taking the Statement, Of the oi,te
master Central, he says that he paid l3 100 cents per
yanl more than the contract pfce upon the who'll.
amount not furnished and that would make the sum OF
s50a5 0i And Il exactly 10 BALANCE that sum retained
damages By the Quarteina Genera OF the con-
ariins department thai the bill reported TO refund to
lhenI the amount oi money retained as damages lnefe
: uothng dark ia this Transaction al all The friends OF
hs company they have any, might argue that the sum
here camed 10 have been lost BY The government was
not actually lost THIS sum, ho NeyeT, was retained
retained from the amount doe 10 these men for the cloth
actually furnished and that is he proposed 10 be
refunded. We do nut necessarily 20 INTO the question
whether The government lost tbs much-whe,her by
Their contract they necessarily paid that much more II
is enough know that that is The SUN oil money which
/ he government retained The inquiry IS whether the
government should nave retained thai sum oil money
from The company o. not ! hold mat 's shown
nisfofnoe-thai II is The visitation OF God rather than
their delection-bal IT is bat Just IN the govern
OF the United States TO restore 10 them the money
MIR PEARcE. Is the biI! now open to amendment
The PRESIDENT, Its.
MIR PEARCE ! now move an amendment and will
premise by saying ha The practice Of the government has
been as liberal heretofore as u - likely To be now
quite contenied, quite satisfied, where me party mas
failed, without any aai on his part, TO fuih his con-
tract refund TO him the amount OF damages retained
by the government, But know cases OF extreme hard
snip, precisely the same character, where this has been
re used | can speak ol one my own State where
the party contracted 10 furnish the government with tim
ber aud had acsa prepared the timber aecording 10 the
contract and was prevented ron inlhns 20 ey on ac-
count OF the breakage OF the Chesapeake and Delaware
canal. They failed IN consequences oil that accident 10
supply The whole amount Of timber demanded More than
one thousand dollars retained damages IRON the
prce paid Tor the OF timber which he did deliver.
and Congress has repeatedly refused to pay him hat sum
But am inclined. however. TO grant the amount asked
ior here but want II TO appear upon the statute book
why ii Is that we pay this money. send to The Chair
/ the following amendment Tor that purpose
3s,ng 1,s aaoee. e,Aasd ~ zoe United ss,s, -
4
luauty ol cloth, according 70 contract made upon 'ho
/ Il, day OF May, ISIS - Ia
| The amendment is TO come IN al the end OF the ball
/ Mr. MASON dare say i would he better u THIS
bill upon should prescribe the purpose OF me ~.
pToprIalon Ii this matter, should not Obfeet
10 H. bat should be In iavor OF the smendmsn but The
on, effect o itt would 10 he sure, specify the purpose
of the appTopraliOnbu the ultimate ELECT womid b. TO
destroy the bill. Now, submit TO The senator IRON
Aiaryand who understand - not adverse to the object
of the hill h IL desirable 10 defeat Tho whole measure
IN order caSry lhs smsnanen, There can be no risk
or this money being appropriated over again IRON the
failure OF describing the purpose 81 The appropriation IN
retary Of the Senate OF the Clerk Of the H,us~. and
from them The purpose OF the appropriation
hope the amendment - not wlthdfswa, tnAi ~ii no'
| be carried. -.
/ Mr. CLEMENS We have got much into The habit
of paying away the pubc noses here, upon sxhi show
ing that have bat ge hopes u preventing lhe psssaSs
OF this BILL Or oi getting opportunity ~ "i~A~mn'"G
it have dawn out nos iron TIE senator if" stesss
spp TMf DAvisl what he DID not -, before. ! hsvs
aseeranrd tbst ihs exact o damages that the
/ United State. government sustained ~as 49, Jos o.
i MIR DAVIS ol Mississippi DAD not ~Ay that That
/. the amount OF moaey feisned Whistler ~ srteaiiD
the damages or not does oot mattel That ss The sum
retained damages, and nos pfososrd Ia he refunded
! Mr. CLEMENS, The pal~rs shos thai The Ssessssss
had deducted The OF ri,t-a sna s~s 6sre
credit for cloth purchased under The price, ~hh
reduces il down to o. 0s5 04 They gave hsa credit sof
goods purchased undsf The contract pfcs Nat the
vey small portion OF the damages is, the govsfsrsni
sustained. THIS ~ very small part OF the damage The
actual amount IN money which they ~sre to~s~isd ~
pay and above that fof wbieh they had csnussi*a
s scarcely any part of the damage vhssh sel.ss s"s
ained You take into the estimate the s"'pan o
damage which is sustained BY the troops ~ NE DIG