The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-01

against another for damages uncertain in their amount
the law does not give interest upon these demands There
may be where interest is given as matter OF dis
cretion bat cannot be claimed matter Of right
The same rule applies here. IL man prefer such a
claim against the government and manifesls his right
by evidence TO that claim and the does not
allow IT, and he here for relief but does not obtain il
al once because OF our delay pass hs BILL then he is IN
such case entitled TO interest from the time he has oTti
ned his case as q Just one.
Now, regard 10 this particular case 10 10
be clear OF doubt The order given BY the Postmaster
General to this the most injurious one that could
have been given. II he had said you shall carry the
mail two three times week then the man might have
sold bis horses reduced his drivers and disposed oil his
stages Bun he was required 10 omit one days service IN
the week. leaving him with all his horses TO feed all his
expenses 10 incur and when he had not saved dollar
upon the service he deprived him OF seventh OF his
compensation That is unjust IN the extreme, plainly II
legal and therefore, think, this man has claim both
for principal and interest," as well upon strictly legal
grounds as upon those ordinary principles oil equity and
justice which hope we will never forget in this hall
Mr.. HUNTER confess that in relation to the prin-
cipal Ind was mistaken, had no other opportunity
10 examine the case except as understood II from the
hasy reading OF the report the desk of Secretary
am now inclined TO think that the Postmaster General
had no authority TO curail the services he did But in
relation TO the interest, that is quite different matter.
And il seems 10 me that if we are TO make this test
question in relation 10 that principle, we had better lei
lie over until we have fuller Senate II an important
question: very important one.
Now, am far from saying that the same rule should
govern us here as would govern private individuals
private individual may at any time make tender TO pay
his debt, and he also has the protection OF the
statute OF limitations But here every claim is
presented no matter how old il may be- And if we
decide 10 pay interest upon them, what induce
ment and temptation that is TO persons TO keep back
their claims and not to urge speedy settlement OF them
And suppose that the rule was established which is
proposed by the senator from North Carolina Mr.. BAD
GER that the interest is to be paid from the time the de-
file his petition and then tell his friends not TO push his
claim he not ready for il TO come up, for this
son for that and then, after long lapse OF time,
"a II. nahtn and ha
may get his claim passed. and back for aearages of
interest for long period OF time. II you allow interest
in such case as this, cannot see why you should not
allow il in any and every case where the individual is
titled TO relief from this government And you do al
low here, there is no telling where these demands will
believe il is principle with all governments TO deny
interest in cases of this sort believe the principle is
that the government is presumed TO be always ready TO
pay. Such is certainly the case with our government
that as the demand is made and the claim ascer
tanned TO be DUE is ready 10 pay. And how - 1t to be
ascerlaned to be due II he has legal claim, he comes
TO accounting ocers-and il is at least 10 be pre-,
sumed that have proper accounting ohceTs who Will
allow all Just claims under our laws and II II is not al
lowed, then, 10 satisfy him, if he chooses to appeal
he comes here and is lo be presumed il his Clam De
however, that this is too cnmbrous and inefficient body
for The examination OF claims; and to make the
United States liable TO interest in every case where this
body may fail TO act speedily upon claims when the de-
mand is made here matter how old or how stale those
claims may be- II we establish such principle as
involved in embarrassment which we little anticipates
and besides that will be establishing principles which
will invite TO fraud, hold out temptations TO persons TO
keep back their claims until il will be difficult TO prove
their unwohness for the purpose OF obtaining interest
believe that when man has claim which is not found
ed upon law and he cannot get II passed at the proper
department by the proper accounting officer he comes
here Immediately to appeal TO equity and believe
claims have passed here oener from sentiment OF be-
nevoence and generosity than from sense Of justice
think il would be necessarily dangerous TO allow interest
in such II would be carrying this principle OF
equiy-ihis idea OF generosity upon which these claims
have passed here-que too lar, II we were TO do such
thing.
The honorable senator from Florida [Mr. MAMoRY]
says that he wishes this question 10 be tested upon this
bill and il i is TO be tested II ought TO be done in
fuller Senate than this now hope il will, therefore,
be laid over until we have fuller Senate, when we
can test this question BY the yeas and nays.
Mr.. RUSk. trust This matter will not be laid over
The question here is not test question as 10 whether the
government will pay interest or not. The senator from
Virginia Mr. HUNTERl comedies that this is just debt
that ought to be paid The facts placed before
him that he cannot avoid that conclusion hope, then,
that no apprehension founded upon the negligence Of
Congress TO examine and investigate these clams-no APP
prehension founded upon The fear that Congress will
hereafter either through negligence good nature al
low claims not just in hemselvesw induce the Senate
TO postpone subject which now appeals directly to their
OF right. II you pass this claim to-day. il does
not follow OF necessity that tomorrow, at any time
hereafter, you must allow interest upon every other
claim that may come beioeus Your statute books are
full of lust such cases Ii is for the discretion of Con-
TO decide about doing justice 10 the creditors Of the
government apprehend there are fifty cases which we
have already decided upon not strong this in which
interest has been allowed And yet no principle is es-
ablished which is binding upon Congress, which ope
rates as precedent at al
This is a peculiar and solitary case. Here we have
debt which is admitted 10 be due by those who oppose
the allowing OF interest upon it--admed because il is
impossible to come 10 any other conclusion. II is debt
which due 10 the indvidu in 1887. There ~ no
idehes upon the part OF this manno sleeping his
rghtsno holding back the claim for the purpose oil get
ting interest upon IT, This individual was anxious TO
get his ipal-asked il OF the department the day
after il due and, upon being refused then the very
next year. called upon Congress Tor it. Now, the simple
question is, alter having admitted that we owe this man
this money whether will pay him the principal and the
interest," him of without IT, Great apprehensions
may, doubt, be Justly entertained on account of the
way IN which claims have been managed heretofore
But this certainly should not be held responsible for
the faults OF others who have rumped up claims against
The government, and tried 10 get interest upon them and
he should not be held responsible for the remssness and
caelessness OF Congress The government owed him the
debt he tried 10 get II in 1897 and failed and he has
tried since to get IL from Congress He did the ser
vices Tor the government fourteen fifteen years SINCE
and has pockated the profits upon those services and
kept him out oil his money all that time And now
ciple which shall invade the treasury but simply APP
peal TO OF justice whether not he ought to
be allowed interest on his debt.
MIR. BAYARD. II is not my intention 10 contest The |
principal amount claimed in this case, though am by no
means disposed TO admit that the principal might no,
be successfully contested agree that according the
OF the contract as stated By the senator from North
IMr UpHAM,] there is no power given TO the Postmaster
General 10 cuail the contract BE But we should
know the terms OF the order given Ii is sal that
the Postmaster General hal the power discontinue the