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


in addition 10 Imprisonment My second section goes on
TO provide. that any member OF Congress, any other
person. who shall receive any sum OF money or thing OF
value. under in virtue Of any contract agreement or
engagement forbidden by the first section OF this act or
who shall accept any git fee, donation. or reward IN
violation of the said section, shall refund restore The
money thing received 10 the person conveying paying
or delivering The same and i be not SO refunded or
restored within three months after il has been received
shall then be lawful for any person 10 sue Tor and re-
cover the in the name OF the United States; one
half for The OF the person thus nstutng the suit,
and the other half for the OF the government.
Then comes my third section, which intend to meet
the last class Of evils which pointed out II provides
that payments OF money made by any OF the executive
departments or officers Of the in satisfaction
either in whole part OF any claim shall not be con-
sdered final and conclusive so as to bar suit for the re-
covery oil the money when IL may have been enormously
paid and all payments made under the decision OF any
OF the executive departments OF the government shall be
before whom il shall be the duty OF the proper officer 10
institute suit for the recovery OF any money paid through
error, fraud, or mistake
am told that where payment is made under an award
OF an executive department, il is regarded as final and
conclusive, like the judgment OF court TO bar any
suit by way OF einvesgaiing the matter The object OF
this proposition Is TO prevent payment made under he
award OF an executive department from having tha
binding and conclusive effect. do not know-indeed
am inclined 70 question the proprsy o. thai opinion M Haaep
executive department is binding and conclusive 80 as to
bar Judicial investigation. But surely, If there be any
doubt the subject, il cannot be improper 10 remove all
doubt by express provision that such payment shall
not be hnal and conclusive This is question that
have referred, time and again, TO the Committee on the
Judiciary to inquire whether be necessary TO egslate
But whether be necessary not it can do no harm to
make provision saying that such payments shall not
bar judicial investigation.
Kentucky [Mr. UNDERwooDl is desrous OF having
this bill reconmued | hope that that proposition will
not obtain the sanction of the Senate took great pains
when introduced this bill that the nature and purpo
of it should be, without any loss of tme made known
to the Senate When offered il, and had il referred to
the Committee OF Claims then obtained the order OF The
Senate that il should be Immediately printed. The bill
was prepared with great consideration, and carefully
amined by the gentlemen who belonged 10 the committee
10 which was referred 1t reported back with GER
tain amendments; those amendments have been consld
cred and adopted by the Senate, and the bill has been
aered 70 its third reading Now, ! think that as my ny,
not did nolbelt for whatever it maypay any
attention to this bill the earlier stages of s progress,
would be better TO let it pass and ii there be
any other and further evils which require legislation LET
him bring forward for that purpose, and assure
him that as far as am concerned and can understand
what the evils are. and that they are capable oil being
remedied, it shall receive my appreciation
Now as TO the provisions of this bill, they are very
simple II was not intended 10 embrace and cover, and
remove and provide remedy against all the evils that
exist in the government Ii was intended Tor one or two
specific purposes; it intended for the benefit OF
caimanso men who are entitled to aid and assistance
from this governments the poor and the Ignorant who
have claims against the United States, and who are put
under the necessity, the law exists of submitting
TO most grinding. to most cruel and mercess operation,
for The purpose OF getting their claims brought forward
and sanctioned either in Congress or before the executive
department That was one object Then was intend
ed, the second place. to protect the United States As
the law now stands the largest Inducements are held out
to crafty and dishonest TO obtain by whatever means,
and maintain and carry through before the departments
and before Congress- claims that really unfounded
greatly exaggerated This bill seeks to accomplish
that object by a simple, plain and direct provision 1t
provides, in the first place. that assignments and contracts
for paying claims or portions OF claims shall be made
void, until the claim shall have been settled its amount
ained, and issued for It's payment. When
claimant he is entitled and being
the possession OF the legal means TO possess smse OF H.
longer needs our assistance and protection, he can
then make what disposition he pleases OF IT,
Now, sir, there is hardship IN that provision. My
friend speaks about the assignment, OF property. Bot
mere claim against the United States is not property Ac
cording 10 the principles OF those old fogesonr old
English ancestors OF the time OF Henry VIII aud before
no debt was subject 10 assignment That was enacted
upon the principle that il A owes money TO ., cannot
make A debtor to without the consent OF A. The as
sgnabily OF contract is matter OF positive law, and
they assigned made unassgnable Just in proportion
the public policy and interests OF the country require IT,
Hence here have, and they have in England, allowed
the ordinary security OF the country 10 be assgnable like
promissoy notes. putting them upon the footing oil bills
of exchange But 10 this day open contracts are not as
sgnable by law, and such assignments are void, except,
az courts OF equity have assumed jurisdiction over
them. and assumed large jurisdiction in order to do
justice.
Then the next step to prevent the executive Off
GERS from employing themselves while they held
office under the United States, and were paid by the Un-
ted States and awaiting themselves OF their opportunities
to hunt up and urge claims against this government IL
is needless for me 10 say what abuses such privilege
has led, and continue lead, until il Is put end
TO. Then there another provision put IN this bill,
prohibiting charge for similar services by members OF
Congress That would have been engraited by me IN my
bill could have the process which the committee
hit upon to avoid the preventing them from dischargng
those duties which they owe to their constituents.
Now if there are any further evils TO correct let my
| friend from Kentucky iMr UspERwooDl bring forward
his bill for that purpose. He has undertaken TO enume
rate evils Now his enumeration, he will bnd when he
comes to examine is entirely imperfect Hespoke oil those
cases oi ctampertg and those OF dnornors which
he says according 10 common rumor Affect the proceed
ngs OF Congress and the departments Now, according
TO rumor there is another class OF evils OF this
kind to which he has not alluded at all Common ru-
NOR says that sometimes measures are carried through
here, sometimes measures carried before The depart
ments and sometimes posts obtained under the very
gentle but powerful influence OF the other sex. Now,
under what bead OF the old fogy titles OF ancient days
rous influence, do not know, for he has not stated
know of but one, and that - the old offence Of en-
btacery" tLaughterl an sorry to be led Into any
thing like Jocose remark upon this subject.
This bill is imporant = calculated so FAR as Il goes
to do good and so Tar as can see, II can do no harm
hope the Senate will not 10 recommit II. II ought
not 10 be delayed for every hour Il - delayed here we
will only be extending the opportunities TO these harples
10 prey upon the ignorance and necessities OF those who
have claims against the government, and possess them
selves of assignments which they will be afterwards able
to enforce 1 hope will pass this bill now. II there
are other evils be corrected let my friend bring for
ward his measure and have II considered This is now
ready for its passage and hope that merely because II
will not postpone the further consideration OF this bill
1 M NJ p,n. dept 4 dnot oh,a