Weekly national intelligencer., 1851-01-25

er aenaytmen,s of this Government this moment
department of the agents and believe will do more to
bring this Government into disgrace and rum han any otner
department which ever will exist in or about it. am there
fore opposed in this and every instance the
means upon which this department OF agency sustained
and protected With this motive, and this sone shall vote
most cheeay for the amendmentof the Senator from rexas
As this s important proposition, involving an important
principle, call for the yeas and nays
The yeas and nays were ordered.
Mr. BERRIEN. Mr.. President, trust that this amend
ment will not be adopted by the Senate Having satisfied
myse wears ago. by an examination of this claim Of the
priety Of providing for its liquidation by the Government
have taken no part n the recent discussion Of it, But
this an ansndmen speak with great respect to the Sem
aor from Texa-agans which feel Tiny duty to enter my
protest What is TO be the effect of the amendment II
this bill shall pass the United States will have acknowledged
their liability pay this debt they will have acknowledged
its Justice and proposed to relieve them from the OBJ
legations which that acknowledgment imposed upon them in
every instance in which there has been an assignment
The honorable Senator says that interests of this sort
not that this acclaim acknowledged by the
Government; that in the nature of an unquidated
demand and until lquidated il not subject Of assign
The honorable Senator will permit me to say that
although that proposition may be true as between individuals
in order give them the right to bring action in court of
JUSTICE yet is necessary in order to transfer the claim
think this interest regularly and properly transferable
by assignment and that although the United States have the
power this debt be just and proper they have no more
right refuse payment assignee than to original
claimant But it seems me- looking the history of these
transactions that there would be peculiar proprety in the
adoption of this bill confess that if any responsibility
could devove upon for the enforcement OF such pncl
pie the proposed in the amendment, should feel the
weight of that responsibility beyond any other act which
have ever committed. What is the state Of facts These
claimants through long series OF years have been knocking
the doors of halls Of legislation and asking for JUS
hce. Multiplied reports by enlightened com nees Of both
houses have affirmed the validity Of the claim lam arguing
upon the suppoon that you about to endorse those
reports by passing this bill that you about to ac
knowledge that this is just and legal cam and involved IN
that acknowledgment is the further concession that for nifty
you have delayed the payment OF it. The individuals
who entitled the benefit Of this allowance are for the
most part passed away. Deprived Of what you are now
about to acknowledge justly owed hem they were COM
peed under the pressure Of necessity in many instances to
transfer their claims and that necessity which you yourselves
created and which you will have acknowledged that you cre
aed the passage Of this BILL you about to avail your
selves Of relieve yourselves pro tao from the payment
of debt which you about to acknowledge to be an hon
est do know how this proposition may affect the
minds Of other Senator's but confess regret extremely that
it should have been presented do sincerely hope
with great respect the honorable Senator from Texas that
this amendment will not find acceptance with the Senate.
Mr. RUSK. Mr. President, the principle Of which my
honorable friend complains contanedin the bill itself There
declaration in the very words which propose to strike
'u that the assignee shall only receive the consideration
which he paid, with interest on it. Provided the principle is
here adopted the transfer is admitted to be illegal by the
original bill ITSELF do not conceive that this claim stands
of contract between two parties But here is claim
against the Government for injuries committed and perperated
upon the high seas. "..... .. .... #l,.
In the first place. there acknowledgment by the Gov
eminent for fifty years that the claim is just one which
renders uncertain be properly
of barter, sale, and transfer But does not stop here
There another question which renders il still
tain and less valuable the original claimant, and
uahle to the specuaor There has been no statement OF
what amount DUE is necessary to prove the amount
Of the damage. Then the whole matter entirely uncertain
# the Congress of the United States should sanction this
principle my opinion the result would be the establish
ment of set Of spectators in the country who would buy
the claims Of individuals against the Government for mere
Now you going pay those who have suffered BY
these French spoaons-those who hold the claims, and
were under necessity Of dsposing of them Those who
INDECENT and poor sold them for little nothing and you
propose to take advantage of that poveyyou propose pay
these spectators the amount which they paid for the claims
in the first instance and interest upon that amount Is there
door there temp ing individuals forward TO attempt
the practice Of fraud upon the Cove nneat How it 10
be ascertained what paid for these claims Is written
statement be required of those who haugh these claims
How is it to be ascetained There be mode of
ascertainng what amount was paid, and when il was paid
To my mind this opens door for imi aale faads In my
opinion, under moral obligation to the individual
who purchases the claim that not acknowledged by the Go
vernmen and the Of which has been asceraned
We under sort Of obligation, admitting for the
sake of argumen. that the claim is just one, to these
signees. If have obligations ALL they to the og
under the circumstances have received the claims for much
smaller amount than their nominal value.
Mr. BRADBURY. Mr. President, the object of the Se
naor from Texas the amendment which he has moved
he has viewed it, is to prevent speculation in claims against
the Government. The bill stands is sufficiently guard
ed in that respect If the bill allowed the purchaser of
any claim the full of that ciam might then be oh
noxous to the objection which the Senator from Texas has
urged Bat prevent any thing Of the kind the bill provides
that the assignee shall than he paid with the
interest upon that Are that by adopting the
amendment of the Senator from Texas should not do
great injustice Are that there may not have been
cases where long individuals bona de transferred their
claims, perhaps payment ofan honest debt for specific
sum- And propose that that bona fde holder shall
receive nothing whatever The bill only allows him what
he would seem to be fairly entitled to.
The Senator's amendment goes further 1t proposes that
insurers shall receive nothing. Now portion of these claims
are hell by insurance ofices Where insurer makes
policy Of insurance against risks Of this kind is well under
stood by both parties the time of the execution Of the policy
that in of loss the shall merely the pre-
MUM paid but that he shall have the claim in of cap
The Senator however, bases bis remarks upon the
that these claims not like acknowledged ac-
count Now, IN relation to these claims, stand in the
situation of the Government Of France, and will ask the
attention Of the Senate while read single from
of the DEGREES of the National Assembly of France under
which Of these captures made. When Europe
combined n the attempt France, the National
Assembly issued orders authorizing the capture and bringing
in of neutral vessels laden with provisions In that very de-
cree they say ".&#t.@.#.
ssThe articles of provisions belonging neutral nations
and laden for enemys port shall be paid for according
the value in the place to which they were destined"
We have here remarkable fact that France, in decree
uuer which portion Of these captures made decired
that circumstances compelled her TO seize this property to
Loax, hat