The daily union., 1852-05-07

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ball (S 343) 10 amend and extend the provisions OF
act approved July 49, 646 entitled An act in relation
10 the pay ment o claims As ssss Na+
Some verbal amendments which had been made by the
Sommise Of tlalms were agreedto s"
The committee had also reported amendment 10 add
an adiluonal section, as follows ht NaQ3
house Of Congress who. after the passage Of this
rha Tor conpensauon paid OF 10 be paid certain or con
o. asa II s uSsa sa Or 10 ay s s%
OF by means for such compensation aid assist 10
te prosecution or support oil any such claim claims
shall in the cases
mentioned in the second section Of this act"
This amendment having been read,
+ Mr. HAMIN said; Il strikes me. Mr. President. that
the amendment Is not quite definite enough take il that
members OF Congress may sometimes have occasion to
argue in The below relating the prosecu
lion OF claims. should like to have the amendment
specific and embrace PRECISELY what suppose the
iron Pennsylyanla intends TO embrace.
Mr.. BRODHEAD. There be no difficulty with
regard 70 this section for the intention, beievs that
hereafter members OF Congress cannot be concerned in
the Supreme Court OF the United States against the United
Mr. BADGER. would suggest. although agree
with the honorable senator from Pennsylvania the
necessity OF such an amendment, that If he would con-
sent 70 insert few words, that il would read that
members of Congress shall not prosecute any claims
pending before either house Of Congress or any execu-
i've department. il would obviae all difficulty a
Mr.. BRODHEAD. | do not think the amendment
Mr.. BERRIEN. MIR. President, it is obvious to me
that there in the Supreme Court in which is
necessary that claims should be prosecuted against the
United States In the Territories the United States gov
ernment authorizes individuals to bring the United States
into court in adudicatng their titles real These
claims are brought up before the Supreme Court and
may be proper and Just claims against the United States,
which are TO be prosecuted by counsel in that court
The amendment suggested, therefore, TO be obvi
MI, BRODHEAD. am aware that the Congress Of
the United States sometimes authorizes suits TO be
brought against the United States; but is very seldom
However. sir in order 10 avoid all difficulty viii agree
70 the amendment suggested by the from North
Carolina. That win obviae all the difficulty in the case
The amendment was then stated to insert after the
words United States the words before either house
OF Congress or any executive department"
MI. BRODHEAD. Mr.. President, the words ''or any
board of commissones' ought also to be nseried be.
cause change the phaseology in instances that
win become necessary likewise, My object was, in re-
porting this amendment, to say that member of Con-
grees should prosecute claim against the United States
anywhere II you now put in ''before either house OF
Congress or any executive department" il might be in
ferred that they could go before board OF commission
er; and heIstoIs ,he words or any board Of commis.
MI, HALE asked for the reading Of the amendment
and 4 was read accordingly. as,
MIR n. said Mr.. President | think the amendment had
better be lett out so as to have the bill stand the
committee reported unless there another and better
mode OF getting al it. Il seems 10 that il implies the
existence OF suspicion that there might be something
wrong and am willing to accede TO it to that extent,
that members OF Congress shall not agents
torneys before any department in the prosecution Of
CLAIMS against the government OF the United States III
the bill stands the committee reported it, il general
in operaiion-hat they shall not practise anywhere,
not even in that species Of claims against the United
States which are brought before the Supreme Cour,
directly Or Tor instance, TO allude familiar
many gentlemen who now hear me, where there is a
case OF The doubtful construction OF law, The
case Of Kendall Stockton & Stokes, where there
proceeding the nature of mandamus against the oi
ger, which is in fact proceeding against the Uuled
States II is liable to all the objections for members OF
Congress- 10 be concerned in that prosecuting claims
before one OF the departments think the bill is good
enough as II was reported, and hope that the amend
Mr.. BADGER. Mr.. President, am very anxious that
thls bill should be passed; bnt, al the time, do
concur With the honorable senator from New Hampshire;
and think II there are any doubts with respect TO the
intention OF the bill. reported by the committee, il
would be better 10 put this provision in. The evil in
tended to be guarded is for members of Congress
to engage in the prosecution of claims against the govern
Otherwise than in the discharge Of their quasi duty
which they in the habit of performing for their
such tribunals suggesed-where il was deemed rea-
sonabe TO suppose that their position members OF Con-
gress might give undue influence in such prosecutions
But see no Objection TO gentleman who happens 10
be member Of Congressif the United States authorize
judicial tribunal or quasi judicial tribunal, to take
cognizance Of claim agains, the United Sa,esI
objection ia the world to his being liberty prosecute
his ordinary profession before such tribunal well
prosecute under any other circumstances The oblec-
non 70 CLAIMS before either house Of Congress
The support OF claims should be entirely grautous from
considerations OF duty, and never mixed up with any
pecunary interest whatever in their prosecution but be-
yond ihat II seems TO me, we ought not to extend the
rule. t
Mr.. BAYARD Mr. President, should like to hear
some reason gwen Tor the necessity OF the amend
ment cannot that the construction which will
be put upon the bill will be affected by il mate
rally. IL seems TO me that the amendment, as
heard II read, does not add anything 10 the amend
ment OF the committee. Ii unquestionaby does not
interfere with the professional right of members of
Congress 10 appear in the courts OF the United States. and
conduct causes, when suits brought by the United
States. IL they are engaged in favor OF the defendant
do not see any objection To denying the right by law
but generally members OF Congress prosecute claims
against the government under any and all circumstances
hope the original amendment OF the committee will be
retained do not see the necessity for the qualification
mysef .#HH
Mr.. BRoDHEAD, lin his seat) There is no neces-
siiy for il.
The question being then taken on the amendment to
the amendment, II was agreed to divisionayes "a,
noes IA
Mr.. BRADBURY moved 10 amend the amendmen. by
adding after the word departments the following
"Or before any board OF commissioner constituted BY
an act OF CoDgress or made necessary by any treaty be-
tween the United States and any other powell
MIR. BR0DHEAD. Mr.. President the committee. in
reporting this amendment, intended to make il unla wful
for members OF Congress TO prosecute claims anywhere
did not think this amendment was necessary but il
may be necessary, that the amendment OF the
tor from North Carolina has been adopted, to introduce
this in addition TO leave the matter perfectly def
mite. .sil ias
The amendment was agreed to.
Mr.. UNDERWOOD Mr.. President, I got this letter
only i've minutes ago and in connexon with OF the
amendments proposed 10 this bill, il has suggested an