The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-24

exclude assignees and insurers Now, agree that the
provision IN the bill to which the senator from Texas
has adverled which provides that the OF
they shall only be paid the amour, which they have psid
S;sa,o ,Si "a? without interest s u my ysw, ~
Al ooligation But presume those who have the con-
duct OF this bill have deemed il necessary to make tha
XII IN order tp secure It's acceptance Wno0t
II would have been perfect fulhment OF what
believe TO have been the obligation Of the United States
But the senator from Texas proposes to go further and
totay 10 exclude all assignees and endorsers NOW,
upon both OF these classes, hope the Senate will per-
init me TO say word.
There few Of those cases. where assignment is from
individual to individual, which within the c0ntem-
plaon and scope of the remarks OF the senator from
Texas ln most OF these cases the assignees were the
creditors OF the original parties and holders and they
have got their position assignees in virtue OF pre-
existing debt due by the holder to the assignee In many
casee the original holders have become bankrupt and by
the force and 81 ihs law al tine xnss
to the assignee appointed under that law for the benefit OF
the creditors These assgnees not specuators then
who ere going about the country TO roh, by the necess.
OF PERSONS who the creditors OF these holders ante
ror to the of these dangers and losses and
they assnees created by the operation Of law under
the bankrupt law But these people stand in situation
which renders them obnoxious to the senator from
Texas If these debts not paid TO the assignees in
the which have referred and particularly in the
case of bankruptcy, the claims could not be presented
by the original holder; for the moment that they were
presented There wou be the record Of bankruptcy which
had dvested the original holder OF all interest in the
claim suppose, them that in relation to these two
classes of claimants, the asslgnees are Withdrawn from
the objection made by the senator from Texas
Now, sir, with regard to the insurers PROFOUND TO
my honorable friend from Texas as lawyer the ques
ton whether he does not deem that upon the uhlment
of the policy contract of insurance between the insurer
and the insured the insurer s by operation OF the law,
admitted to all the rights OF the insured and, in the event
of the abandonment OF the property as total loss and
portion of the property is recovered is not the right and
title to that property absolutely vested by operation OF
the law in the insurer These people, then, not
pensaed BY the receipt OF their premium for they bave
rights which 60 beyond hatrights which the law gives
themrights which we cannot impair in the flhment OF
our obligations ahd which we can only violate in the
Sir, should deplore more than the loss of the bill
itself, The passage of the bill with such provision as
that which he honorable senator from Texas proposes
the bill have acknowledged the justice OF the claim, and
by the insertion of this clause would have relieved our
payment Of portion Of that obligation which we would
have acknowledged 10 be Just
The question being taken BY yeas and nays on the
amendment of Mr. RUsK, resulted-yeas 25 nays 3o-as
follows:
YEAs-Messrs, Alchison, Benton, Borand Butler, cass
Chase Davis Of Mississippi pctinson Dodge Of Wisson-
s1 kns . nsp
Walker. Whi,comb, and Yueea5.
NAYs-Me.,. Badger. Baldwin Bell BeIIen. Brad
ton, Downs Ewing. Fooe. Greene. Hale Hamlin Manxum,
Miller, Morton, Pearcr, Phelps, Pratt, Seward. Smith,
Soruance, Surgeon Underwood, Upham, Wales, and
Winthrop-30.
So the amendment not agreed 10.
No further amendment being proposed. the bill was re-
ported 10 the Senate
The question on concurring with the amendments
made as in committee of the whole.
Mr. BORI.AND moved that the Senate adjourn; which
motion was rejected on dyison-ayes 2. noes %.
Mr. FUOTE. | beg leave TO make single remark.
trust the friends OF this bill will urge its passage to-
day My mind is not made up upon the subject. The
discussion which has occurred has certainly excited much
doubt in my mind in regard To- the vote which should
give upon the feel exceedingly inclined to
vote for the BILL if satisfy my own mind that can
do it with proprety. wish TO have opportunity OF
thoroughly investigating the subject before give my
vote have card the speeches OF the honorable sena-
Tor from Connecticut Mr. SMITH and the honorable SEN
ator from Virginia, [Mr HUsrEa,l together with other
speeches which have not yet appeared print and when
shall have had opportunity to peruse them perhaps
shall be able to make up my mind TO vote for the bill.
But if vote is pressed at the present time must vote
against it,
Mr. BERRIEN. voted against the adjournment be-
thought il time that the debate should terminate,
and wished the bill 10 pass TO day; but am willing 10
accede the wishes Of the honorable senator from Mis-
sisspp, and give him opportunity for examining the
matter | therefore move that the Senate adjourn.
The motion was agreed to, and the Senate adjourned