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


section -;
.In all cases of ,nnser s'sgnmen, no claimant shall
be sntIsd ano'at beyond the consideration
paid and inte thereon.
And insert the following:
.No allowance or p,yn,-nt shall be made uader the
provisions Of this - any a,signee insur~r.
will say word, Alr President, in relation to this
matter This claim has. tor The last fifty years. been
OF uncertainty. II has not been defined The La
biy of the government to make the payment has not
been acknowledged ia any authentic form. Conforming
then, the ordinary rules Of traffic between nJyiduals
being very uncertain there being acknowledgment
Of debt between private ivuas-it would not be the
subectmatsr OF transfer 1t wrong in every OF
the word because being unack the ndividu.
ais to whom il justly dde could not be able
mand any adequate price il The claims were presented
America.
II il, moreover, temptation to commit wrong, and 10
perpetrae fraud Tor US 10 sanction by act OF Congress
this trading upon uncertainties between individuals
Aud this s not ALL do intend 10 deian the Senate
upon this pOnt-but Il is mlschievOus various other
respects II starts set OF spectators around to pry
and where claims be got against ine
find out and purchase from unsuspeciing Individuals
who may be interested such claims their interest at
mere nominal sum and then wish could say there
no danger OF their cbbyng Congress in order to get
them 10 pass large CLAIMS o the purpose OF realizing 10
themselves an enormous sum for what cost them
trlAe. Under such circumstances, the safest way, il
seems 70 on me- wrp y e excnds 7, ! them altogether
same opinion with the gentleman from Texas believe
that Of the most powerful departments OF this gov
eminent. at this moment. is the department OF agents
and believe il is doing bring this government
down to disgrace, il not ruin it, than any other that
exists ever existed IN about it. am, there
fore. opposed in this and in every other instance, TO
couraginR the means upon which this agency depart
ment il sustained aud pro,ecied and with this motive,
and this alone, shall cheerfully for the mo-
tion OF the fom Texas And, SIR this is
important vote involving important principle-as all
the votes in with this bill will doubtless bel
will ask the yeas and nays upon IT,
The yeas and nays were ordered
Mr.. BERRtEN. MIR President, trust this amend
ment will not be adopted by the Senate Having satisfied
myself years ago. by examination OF this calm of the
propriety of providing for its liquidation by the govern
inen have taken no part in the more recent discussions
But this propostlonl speak with great respect 10
the senator from Texas (Mr. RUsX Xl-against which |
feel it my duty however Intellectual the act may be,
enter my protest What sir, !s the effect OF that amend
ment. If this bill shall pass, The United States will have
acknowledged their liability pay this debt, They will
have acknowledged its justice. and they will have re-
lieved themselves from the obligation which that ac-
kn0wIedgment will have imposed upon them, in every
instance in which there has been an assignment The
hoa0abe senator from Texas says that interests OF this
sort are not assignate-ihai this was claim not
knoWledged by the government-that II not in the
OF open account but unlquida,ed demand,
and that until lWuda,ed not the subject OF an
signnent The honorable senator will permit TO say,
that although that proposition may be true between
individuals, order 10 give them legal right OF action
court ot justice, yet even then II - not true
der 10 transfer hng-hat this interest regularly
and properly transferable by assignment, and that, al
housh ths United States have the power il this debt be
lust and proper one, they have right refuse
The payment to the asgnees than 10 the actual sufferers
But, sir seems to me, looking 10 the history OF this
Transaction, that there would be peculiar Improperly
n the adoption OF this amendment confess, ii any
sponsibity could devove upon me in the enforcement
Of such principle as this should feel the weight of
that responsibility beyond any other act OF my life
What is the state OF the facts here These claimants,
through long series OF years, have been knocking a,
The doors OF halls oil legislation, asking for justice
Multiplied reports BY enlightened committees OF both
houses OF Congress have affirmed the justice and legality
Of the claim arguing upon the supposition that you
are now about TO endorse these reports by passing this
and legal claim. and involved in thai acknowledgment
the iurther confession that for fy years you have
delayed the payment OF it, The individuals who are
titled the benefits OF this allowance have for the
pived OF what yoa about to acknowledge justly
due 10 them they have been compelled, under the
sure OF necessity in many instances to transfer their IN
tersa and that necessity you yourselves will have
Created and will have acknow lodged that you have
created by the passage Of this bill You are about TO
avail yourselves and relieve yourselves pro t1n.o OF the
esi
do not know. sir how this proposition may afec, the
minds OF other senator's but confess iha, regret ex-
uemey that II should have been presented and do
mos sincerely hope with the greatest respect Tor The
sior IRON Texas that will not lind acceptance with the
SENATE
Mr.. RUSK Mr.. President the principle upon which
my honorable friend complains contained in the bill il.
selt There II declaration in the very words which pro-
o-e 10 strike out, that where the is to be made
TO the assignee, il shall only be the amount which he
paid Tor the claim and The Interest that the principle
sibere adopted The Transfer is declared be illegal
and admitted so by the original bill itself
do not conceive that this claim stands upon the loot
ing OF al all An account conveys the idea
oi articles delivered 81 certain value and contract
some extent oral in its nature but here claim
the government Tor injury pcrpeated upon the high
In the first place, there is acknowledgment by the
government for fifty years that that claim lust one
asans, H. winch renders IT SO uncertain not 10 prop
eriy the subject matter OF barter, sale, or transfer
But, sr, does mol stop here There another ques-
lion which still renders n uncertain, ess vaua Bile
70 the original claimant and more easily grabbed by the
speen'aor and II is the fact that the proof be made
men, ar perfectly uncertain; and The result OF the
action o Congress, II sanctions principle OF this de.
scnption, wili m my opinion, he this. You will set the
kesossi specnaors the whole country looking up ev.
cry possible occurrence By which hereafter some forty
MY years hence perhaps, large claim will be got
against the United States and they will buy il up OF
the needy individuals for a mere song
Now you are going 10 pay those who have lost by the
French spoations Those who were wealthy held on
10 their claims They under no nece ss,ty Of dis
posing of them for nothing Those on The contrary who
were INDECENT sold them for little nothing and you
propose to pay those who have taken the advantage OF
then necessities the amount which they have paid for
ne CLAIM IN the hrst instance. and the that has
accrued upon IT, IL there door there admitting indi-
Nduas 10 attempt TO practise fraud against the govern
mentt How are they to ascertain the facisi How Is
amount TO he ascefaned which they paid for these
e'Hms Is written statement OF the individual 10
"hon the assignment made TO be TAX evidence
o' 'he amountl How il II TO be ascerianedi There
must be some proof in order TO ascertain what amour,
Ns pa'd and when II was paid This, 10 my mind
opens door for mitable confusion Rule. are to b.
suolshed. We are under no moral obligation TO the