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


offered by the senator from Texas and do for this
reasonI give this simple Ii the appropriation
be 10 the original claimants, other individuals, il will
force the assgnees, and those who have bought upon
speculation, 10 go into account with those original
claimants from whom they have derived them. And,
sir will turn out. in account of this kind in court
OF chancery between parties, that this bargain has been
often effected upon usurous interest and then; if the
court OF chancery compelled the original claimant to pay
to pay to the assignee the amount which has been ad
vanced, | think II would be nothing but justice. BY
conning this however to the original claimants it will
compel the assgnees go to in this
and that would be nothing than just Il will make
him show how much money was advanced, and uRder
what circumstances il advanced. hazard nothing
in saying that these claims have been increased by time
venture TO say that these claims have been acquired
change that stock obbers have acquired them and the
orphans and widows have received little nothing. |
would put the orphans and widows upon the vantage
ground, II could in the settlement Of the claims be-
with reference to the matter For this reason shall vote
for the amendment Of the senator from Texas
Mr.. WALKER. look upon this vote really testing
legislation not That is the light in which look upon
this question before the Senatehe motion OF the
senator from Texas. Could this bill have ever been
brought up under the circumstances in which this has
been carried 10 It's present STAGE now about TO be sub
mi,ted TO final vote if others had been interested
in but the widows and orphans spoken of by the SEN
ator from Kentucky orr none others had been interested
in II except the widow, and orphans OF the original claim
ants No, sir Wall street has had its finger in this pie.
has had IFS finger in this natter and il now has its hand
into the pockets OF this government
Mr.. HALE. want 10 suggest that these remarks
word % not pp Be- II ESsI We're making them Laughter
speaking Of the bill which is now under consideration:
Mr.. WALKER. And this is one of the reasons why
so large force can be brought 10 bear upon this subject
Representatives. say, and sincerely believe, that the
encouragement which we give TO assignees OF claims
upon the government is building up power that will
soon become stronger than Congress-, and will make
deeper daughs upon the treasury than any OF the other
departments OF the government, not Of all combined We
have great deal OF experience upon this subject had
occasion the other day TO make fling at job legislation
But there ID no senator upon this floor who would feel
more qualification in rewardng the original claimants
who have been kept out OF their money long than
would But when you come to fostering OF this system
OF trading government caimsthis system OF interested
organization for the enlargement of government claims
this system OF organizing for the purpose OF bringing to
bear upon Congress power to control its legislatOn-
am against it, Sir, the poor beings who have been
long kept out of their money, who have been in of
have indeed succeeded in producing but perhaps ardy
action upon the part OF this government But ii they
had been the only interested would this have been
done No, sir, is another power that has done this
and hope to God we may have vote now which may
be memorable to this class OF mankind, informing
them that they can no longer speculate upon the treasu
ry oil the American people.
Mr.. DAVIS, of Massachusetts,. suppose that il will
be conceded by all gentlemen that If any other country
commits a robbery spoation upon the property OF
the citizens of this country, it is the duty of this govern
ment to seek reparaon for it, and by all proper and suit
able means in It's power This duty runs the extent
that such aggressons become in nseves good cause
of war and if they cannot be stayed without hostli-
,es becomes the duty Of the government to prosecute
20 into this question any great extent But suppose
that this government in the performance OF its Duty had
prosecuted and recovered specihc sum OF money oT
spoliatOns committed upon citZens-suppose that to
done and the money TO be paid into the treasury and
then the claimants here and asked you to dsburse
that money to them for the claims which they have,
growing OF the spoatons there is gentleman Who
would doubt the propriey Of paying that money out OF the
treasury, and nobody would doubt that should go to
the persons who were robbed; and think no voice in
such could be raised against claims OF such
character.
The question then is. in the first place. whether the
government have prosecuted these claims Everybody
knows that they have Have they recovered them II
ii meney it ought TO be paid out; II II is recovered
in any other manner it ought to be paid out. believe
the application s equally strong IN all cases will not
70 into the evdeace which has been ably discussed
upon former occasions and discussed with great ability
now. have many proofs lying by me, but ! will not
go into reading book But there is the decarah OF
the FIRST Consul OF France giving complete and full ac
of The transactions OF this negotiation, which
appears distinctly stated that there conceding OF
claims, upon the part and the Other in the treaty OF
and because the parties could not agree upon the
amount of money to be allowed upon the side and
the other they inserted article in that treaty suspend
ing negotiations till future day. That treaty came here
with that provision 1t, into this chamber here IT
considered. and the treaty amended by striking that
article What the declaration of the First Con.
sui OF France when the treaty was returned TO him He
equponderant claims and, by striking out this article of
the treaty, the United States had expressed its intention
abolish the prosecution OF these claims and he ratified
upon the express condition that these claims should
never be revived Now who is more competent 10 bear
testimony than this gentleman, who was mixed up IN all
these transactions There the account full and COM
plete upon this subject his memoirs OF his times
taken from his own lips.
But will not dwell upon that am content to vote
in favor of these claims just from the evidence before
US But wish 10 say word in regard 10 these trans
fers As understand the senator from Texas. he pro-
popose to cut oil the underwriters from the privileges o
this bill Now, wish put 1t to the senator from Texas
der which the underwater takes upon himself marine
risk part and parcel of that contract that il the
vessel is lost and he makes good that ossis It not part
and parcel of The policy itself that he shall have all those
equitable constructions by virtue OF the contract itself
II is in the policy. the law gives II to him always
this right of equitable consuctons and he IL just
much the original by implication 10 meet all the terms OF
every consideration, 10 recover. Wall the honorable
from Texas go lar 10 forget The original
tract between the parties When the underwater has
made good TO The original claimant the amount that be
has paid him. there is anything remaining OF the ship
cargo, why should he not come in as equitable claim
fhe law gives him the right TO do and the
tract ITSELF gives It to him.
Mr.. RUSK. understand the senator from Kentucky
say that everytbng in the shape OF property, damages
or claims. the subject matter OF transfer This pr'n
cpe would be very to be carried out IN the
ordinary intercourse between man and We would
have suits brought into court where aDndvidua trans
fprs The images Tor assault and battery to third per
son II would be extremely nconvenient, IL seems to
me- TO carry this principle out Now, when this liable
10 very many objections. and the amendment s not liable
to any, so Tar the assgneepropery speaking. the
roncerned. IL seems 10 me that II would be