The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-15

tied with the presiding Judge and the writ Of error pas
NOT been sued out has hnsl judgment been signed.
II is still question for The law officers Of the govern
ment.
upon the second branch OF that rule the question whether
this is private claim or not Is question which de-
ponds upon the ultimate decision OF that suit and cannot
De sseerained PRO. to tia. u shall be determined
uals Tor the Tor which they have been rendered
sponsibe through the court of law. then il paakes OF
esn these s are entitled TO- nSr moi o. r AN s1
done in their Official character and the United States
bound pay this indemnify II is not in my opinion.
private claim contemplated by the rule
The PRESIDENT. The debate is not in order When
the decision OF the Char is made. will hen be subject
for the Senate 10 decide upon. The Chair decides for
himself Looking al the rule, and at the papers before
him, and the amendment itself, which looks 10 final
Judgment, the Chair to The conclusion that there is
no such estimate framed within the provisions OF the
the Chair is wrong in this decision he will be very glad
if the Senate will decide for themselves. IN
Mr.. BELL. beg leave to make an explanation.
When that amendment presented. happened at the
invitation of the Presiding Officer, 10 occupy the chair
TEMPORARILY but II occurred to me that the amendment
came much within the spirit OF the rule which provides
that estimate made by OF the departments should
be admissible an amendment TO The appropriation bill
that, nasmnch as no exception was taken, the Chair
might properly receive IT, Besides il was presented by
member OF the Finance Committee; and beg leave 10
state, what presume may do with perfect propTiey,
that when the honorable chairman OF that committee,
who had exercised 50 high adegres Of vigilance land
amendments to the appropriation bills, present and
took exception Individually. the temporary occupant
Of the chair thought he was perfectly At liberty to receive
The PRESIDENT. The Chair did not intend to
throw any mputaton upon the senator who occupied the
chair
Mr. BELL Not at all. | only gave this explanation
thinking il evidence entitled to weight at least
that the amendment was in order under the rule.
The PRESIDENT. II the individual now occupying
the chair had been in the chair when the amendment
offered he would probably. under the circumstances
have pursued the same unless question OF order
had been raised The Char will therefore, under the cir
cumssnces though he believes he has decided correctly
nevertheless withdraw that decision and leave the Ques
lion Of order 10 the Senate todecide il they will.
Several SENATORS. Oh, no! Let the Chair decide il
himself
The PRESIDENT The Chair therefore. as he is
authorized TO do, submits to the Senate to decide
whether, after the statement which he has made every
being able understand the nature OF the amend
we'll he, is forbidden by the rule adopted by
the Senate TO receive such an amendment 10 the appro
Mr. FOOTE. rise TO poin, OF order. With great
respect to the Chair really think he has rendered his
decision and, being perfectly satisfied with it. shall in
The PRESIDENT The Chair prefers to have the
question submitted to the Senate He has desire
do anything improper. to be too rigid in the construc
Mr. SHIELDS asked for the yeas and nays which
were ordered.
Mr., YULEE. Mr.. President, desire to say tina. |!
shall vote Tor the reception OF this amendment; and |
shall do It upon the ground that cannot regard il as
falling within the rule which proscrbes amendments re-
atng to private claims do not regard this private
claim. Ii the United States have taken the property OF
private citizen wrongfuy, the government must pay Tor
it. II is public debt under the constitution, and
duty incumbent upon the United States have provided
fund for its payment at the lime of the taking Of but
having done then, we are bound to do at as early
MI. EWING. The Chair is mistaken in the sugges-
ton that the amendment offered states that this
still pending ltdoes not SO state The language OF the
amendment was correctly read by the Chair but he will
permit 10 say that il not the fact that the judgment
has not been signed AS understand il the final
meat below has been signed, and bill of exceptions
may or may not have been signed. That is what is
meant by these eeg dispatches that the senator
from Georgia has read An application has been made
to the judge TO sign bill of exceptions. The lawyers
were making up and making arrangements to get thai
open the case at all No appeal lies from the circuit TO
the Supreme Court Of the United States. The position
taken that an appeal is had is very idle writ OF
may be sued out but has yet been made in
this case The law officers here are examining the ques-
ton whether they shall shall not out writ OF
ror If they find that there is an error the record BY
wr OF error But they have not yet done il and they
will not do 1t, in my opinion Now therefore, there is
final judgment against this pary-that 10 TO say, Al
present final but il is among the possibilities OF things
tina, that judgment may be revised With view, but
without hope. that that might take place, the amend
ment is 80 worried that no payment is to be made until
final. a,
And do no, look upon this private claim at all
Who comes here to claim money Not Col. Mitchell
It'll which the protection OF the government is
asked by their officer for executing bis duty under
the order of bis superior That is what asked II s
nota private claim at all, but public claim and il
therefore prescribed BY the rule on the ground that
il is private claim IL IL the protection merely OF
officer who carried GU, the orders OF his governor
On neither OF these grounds them does II appear TO
that the amendment can be excluded II is not analo-
gous TO the which the Senate voted out OF order
heretofore In that case there was no estimate at all
That merely an appropriation for telegraphc
upon IL OF any kind. The Senate, therefore, very prop
ery voted that that out OF order This bears
logy to that whatever.
Mr. SHIELDS. | will say but few words. | will
not enter into The qseston whether this amendment -
conformity 10 the rule not; but will ask the Senate
TO consider these simple facts. Tie United States have
tax en- the management OF this into their hands
They would not lie, Colonel Mitchell manage it, When
he informed the department that he the defendant
employed their own agents 10 manage The case. Now
there is a judgment obtained against Colonel Mitchell
He has propertyperbaps $50 900; and il relief -
not given TO him by this Congress, matter what
lief you may AFFORD hereafter. before can reach him IL
will be 100 late. because execution will issue and his
property will he swept away.
Mr. BRIGHT. believe the question il whether the
decision OF The Char shall stand as the judgment OF the
Senate.
The PRESIDENT. The Chair withdrew bis decision,
and submitted to the Senate 10 decide the question
whether, according 10 the rule adopted, such an amend
ment this could be received
Mr.. BRIGHT. II amounts 10 the same thing We are
to vote, fact in favor OF sustaining the decson which
the Chair made and II that judgment is not sustained
thus amendment will as necessary eonsequ be
cslved to the appropriation bill.
he doth mas M n