The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-18

Claims That committee compare the bill as il now
stands WITH the-substtale; and il the substitute is too
stringent II u goes too far. If il Furnishes severely
then modify il and molIify it, But sir il does seem 10
me that the bill it now stands does no, take hold OF
the eyl IN lis full extent that the penalty of one thou
sand dollars IS wholly inadequate punishment to the
dred thousand dollars by violating the law. M
| Again, there are one two operations OF this bill
which conceive TO be UNJUST and desire to call the at
tenuon OF the Senate TO them, This bill prohibits
and makes void all contracts whatever in relation to
claims againsthe government until after they have been
allowed. and The warrant Tor their payment has issued
Now am not disposed to endorse that think that il a
gentleman has honest claim against the government
he should at least be permitted to that claim to mort
gage H. or pledge il security for bona de debt.
he peases for the purpose Of raising money do moi
any objection to allow him TO what is justly due
TO him for purposes Of that That is not the evil
the evil that we wish 10 reach s TO prevent such con
tracts in relation to claims viii induce the agent or
attorney with whom the contract is made TO resort to
P hs q getting sa
ceive how an individuals mortgaging or hypolheca-
ting his claim fol-. an honest debt, or to money
which he may wish 10 use in some other way than in
the prosecution OF the claim. can amount to any evil a
all therefore think that the operation Of the bill
stands is pejudcal to the rights OF contract. and should
be modified. You merely declare all transfers void until
The warrant for the payment issues, and then you leave
in the power Of the agent to appeal to the honor Of the
claimant to make the assignment or transfe which he is
certain to do unless he is utterly mean and
And thus il is your bill leaves the evil to go unpunished
except in regard to officers of government and members
and have hs
but in regard to The future am for turning over new
leaf.
There is another provision of this bill which think
should not be sanctioned 1t is this Furnishes officers
of the government connected with departments who may
aid assist in the prosecution Of claims, although they
receive reward Tor so doing. In the other provisions
OF the bill the punishments connected with the recep
lion OF rewards on the part OF the individual who prose
cues improperly But regard to officers of the govern
ent, captain in the army, clerk In adeparnent, oI
instance if he assists old father mother, or brother
or sister, friend in the prosecution of claim against
the government, though he does not receive cent,
any benefit whatever he is liable to be indicted, and
punished by imprisonment Tor SIX months, and fine o
lo o0o Under the operation OF this bill, as understand
lit Now, that 10 TO be degree OF rgor for the
exercise OF mere bcnevoence towards friend or relation
which s excessively severe There is no evil it seems
10 me, likely 10 grow out OF grauous service rendered
for relative or friend There is no motive to induce an
officer to suborn witnesses when he has no interest al
stake. or to act corruptly in any manner whatever.
an officer in We departments should give information to
claimants which the books in their custody would fur
nsh, think it is all right and proper provided they dc
SO without fee. Indeed, think they should be com
men secrets, which cheat people out of their honest
dues. And yet, if clerk should communicate to q
claimant fact which is verified by the records of his
office, do not know but he may subject himself 10 fine
and Imprisonment under the provisions of this bill, fol
aiding in the prosecution OF the claim
think these suggestions are worthy or consideration
To nllct punishment in such cases as those have jus
mentioned, would be an act oil unmilgated cruelty anc
yet. if understand this bill correctly it may be done
lnere Is anOtner ning 10 WnCn nave repeatedly call
ed The attention Of The Senate and which bave provided
for in my substitute but which is not provided Tor in this
BILL II seems TO me 10 be fiji occasion to introduce IL
and hope it may be done have again and again called
the attention OF the Senate 10 the double payment o
claims for the service TO two different families, OPP
eraling by distinct SETS OF agents The treasury has
suffered largely in that way have called the attention
OF The Senate 10 case happening in my own family An
old revolutionary uncle oil my own, by the name OF John
Rogers, died shortly after the war, and was entitled only
20 some few years halfpay. and his family received the
amount due for his services some twenty years ago. Tha
family held his two commissons-the one OF captain
and the other OF leuienan--and they held his diploma
member OF the Society OF the Cincinnati and held anc
used the lands obtained bounty Tor his revontionar,
services And lew years ago another family CANE
forward claiming 10 be the heirs OF the same Captain
John Rogers, and on that claim took some $4,000 o
$40 900 out OF the public treasury Now, one OF these
families ought 70 dlsgoige y mol ngh. thai BON snou,.
man My bill proposes remedy for cases OF that sort
|, is that the payments made BY the executive departments
shall not be considered final adjudications, concluding
the rights OF the United States. but that in all like
this, such payments shall be open TO Judicial nvestga
,ion and shall be the duty Of the proper officers OF th
thus improperly paid | haH mentioned this subjec
often, and two resolutions have been sent TO the Com
mee the Judiciary TO request them TO conslde
whether il requires any legislation oil this sort, and, II
does, 10 apply the proper remedy 80 that where suct
double payments have been made for the service ib
matter shall be reeled and the government shall not b
swindled.
These are the reasons and motives which have led
10 pay attention TO this bill know 1t may be said tina
have sat here aud Degllgenuy aIoWea 10
gress until IL had passed TO It's engrossmeni, and hav
said nothing upon the subject In answer 10 that, sir
my apology be- that 1T is impossible TO attend TO ev
eryhing IN due time. do my best 10 keep up with th
business pay attention to many things, but find tba
great deal passes here that am unable to notice; an'
that is the why have not called the attention
the Senate TO this matter al an earlier period
Ibave nothing 10 do now but 10 read what conceive
10 be a fit remedy for all the evils which ! have men
toned and If can far meet with the appreciation o
the Senate as 10 have The matter referred back 10 th
committee and let them have both the views have sug
gesied and the amendment which propose shall b.
perecy content II they return the bill back, and say tha
wha, have proposed is not worthy OF moments con
sdefation.
My substitute provides that it shall not be lawful 10
any member oi Congress, any other person whatever
10 contract for To purchase interest in, any cian
against the government OF the United States any de
pafmeni bereoi before the has been settled an'
allowed BY The proper authority. except as security 10
bone fas debt for money loaned, having no con
nex,on With the prosecution OF the claim Nor shall
lawful for any member OF Congress, any other per
son whatever 10 engage, CONTACT OF agree m consders
lion oi interest ~ claim against The United States
whether such interest be the entire consideration or ont
pat 10 at. ASSIST of give counsel m any manner what
sycf In the prosecution OF such claim Nor shall II b
awu for any member Of Congress- or any other persot
whatever ia consideration OF money or property there
after 10 be l~d, conveyed, delivered, upon the eondl
ton that th~ specified claim against the United States
soesd of PAID 10 whole or an part 10 engage contract
az agree 10 ad assist or give COUNSEL in the prosecution
of any such claim. Nor shall any member OF C9ngres
receive any gilt present, Zee or reward other than h
lawful waass tor his vo,e for attending 10 any bust
ness pending before Congress, or before any board
-. nuaGH nj