The daily union., 1852-07-04

er where money has been due the United States in
terest has either been conceded exaced and ia every
adjudication, whether IN admiralty. maritime, the
national courts o country, interest has always been
allowed or demanded for properly withheld Now, if
the United States did, IN this case, the committee
sers, withhold the amount due to this individual, he
is certainly entitled 10 payment on the same prnci
pies OF justice which have induced This government 10
exact II from other Dations for il is quite mposs
bic that we can have one rule OF equity applicable 10
nations, and another as applicable to individuals
One oil the strongest points as 10 the exacton oil
interest upon demands not liqudaed, but which are
equitaby due, arose under the treaty OF Ghent IL
Will be recollecled that the British carried Oh a
vast amount OF property some OF which consisted of
slaves Under the abramen oil the emperor oil Russia,
il decided that they should pay for the property thus
taken. The United States demanded interest; and the
question was whether if they paid for the property, they
should pay Tor Us And one OF the strongest argu
menls mad pon the subject was then made by the
American commissioner, Langdon Cheves Passing over
this and coming down TO the present day, it is well
known that have exacted interest from sister
public OF Mexico upon these uniquidated claims Why,
them is this interest refused On what pretence is il
refused after you have agreed 10 pay The principal
There is no reason but departmental usage; and this
usage is based upon the ground that the government is
always ready to pay just demand and that is from the
aches OF the claimant himself that the demand is not
paid That being the philosophy, when the facts do not
support it the philosophy must fail
How often is It that, even after the government have
refused pay these demands, and have subsequently
fused to pay the interest they have been compelled TO
pay il; and | would say here, that scarcely SEES
passes which interest is not adjudcated upon
and allowed by special act OF Congress. Having no
doubt Mr., President that the report OF the committee
which carefully examined this question just and that
at The ime was demanded cannot see any reason why
we should refuse 10 pay the interest; but. on the con-
iray, everything in the history of the adjudication OF the
country, IN my opinion, calls upon us 10 pay 1t.
Mr.. BRADBURY Mr.. President move TO amend
the bill by striking out Z" 81" and inserting 52, that
il will read " 1852" instead of 1897" 1t is not in
hel Al the
payment OF interest shall be stricken out OF the bill en-
irely and for the purpose OF reaching that object 50
this amendment The effect OF the amendment, if adopted,
will be 10 provide for the payment OF interest after The
year 1884, instead OF interest after the year 1897. The
remarks of the honorable senator from Florida Mr..
MALLoRYl show that this regarded of very
considerable importance In settling the principle whether
we will pay interest not upon demands against the
government He has told that his State is largely in
terested in this question and other States similarly
situated or citizens OF other States II then becomes
important qneston--not one upon which few hundred
dollars pending, but question upon which millions
OF dollars pendng-wheiher the government will or
will not pay interest on demands brought against it.
The honorable senator from Vermont Mr. UpHAMl in
CURED, with very great pertnency, why the interest
this should be rejected. while demands Of similar
character were paid think this claim should be pu,
upon precisely The came ground as are demands OF sim
case of precisely the characler-that of Rufus
Dwnelwas discussed at early period of this session,
and the question OF payment OF interest then raised
The Senate struck the clause which made provision
Tor the payment of interest. Now, will confirm that
precedent will we depart from il, and provide in this
Tor the payment OF interest, which is be regarded
as we are now informed as precedent Tor similar app
cations bereaerl
Mr.. BADGER. | hope, Mr.. President, | may be al
lowed 10 say word do not rise, sir, say anything
upon this subject, but merely to make this remark that
could with great refute thing the from
Maine Mr.. BRADBURYl has said. There is nothing in
II which is not easily refued, and wish the Senate TO
A.
the Senate as want the vote taken. [Laughterl
Mr.. BRADBURY. 1t is much easier said than done.
Mr.. RUSk. Mr.. President, | rise 10 enter my solemn
protest against the coarse OF reasoning which has just
oeen pursued by the senator from Maine, Mr.. Brad
BuRYl He does not say word about the justice OF
this ciamnot word about the justice OF allowing
be frightened OFT by the fact that If allow il in this
case, about to establish precedent by which
we shall be obliged 10 pay Florida large amount OF in
terest He has not brought forward single TO
show why the interest IN this should not be paid,
but has introduced the principle OF fear TO frghten
fTom rendering justice and is against this sort Of
sonDg, SIR, thai protest ask, ii the Senate regard
this just claim, whether 1t is not Just and right that
The sum due should be paid 10 the claimant When the
citizens OF Florida, Maine, any other Stale, here
with claims founded upon justice, will vote for them
These pfecedens, slr, have no ehect whatever. The
history OF the government or The past forty years shows
that we do mol regard precedenis in shaping egsla
ton upon claims of private character. The fact that
We deem justice TO refuse 10 pay interest in
does not bind in the slightest degree refuse pay
u IN another case when IT is Just and proper that
should pay il.
Mr. BRADBURY Mr. President, in the remarks
which made, attempted TO call TO the attention OF the
Senate the fact that clai involving the prnci
pie bd been reported and that the question upon paying
interest was thoroughly discussed at early stage the
present session.
Mr.. RUSK. Mr. President will the gentleman allow
me to correct him reported the bill in both OF these
cases and they not exactly alike The in this
case did not forward and agree that his services
might be curalled, while, in the other case the did
come forward and assented 10 the eurtang of his
vices by the Postmaster General.
Mr. BRADBURY. Mr.. President, the two cases, as
! remarked, involve the same pri0cipe, although the
not precisely similar In The one case the in
OF his with the that he should be paid
and the question for the consideration of the Senate
whether he should receive interest after be bad presented
and made proof OF his claim TO Congress The subject
then fully discussed and after full discussion, the
Senate settled n It's opinion, II ought 10 be settled
HI 10 refer TO II. IL IN regard TO which
had 40 feeling In this case, in my conviction, the
claim ought 10 be allowed but think there no reason
why the interest should be paid in the and not
In The other
hir RUSK Mr. President il the senator will allow
me a moment, will ask him II Maine not paid in
teest upon claims which she had for military servcesl
Mr. BRADBURY Nj President, the honorable sen
ator asks II States have not been paid interest upon
claims Maine served IN regard 10 claim pre-
csely fourteen other States served bot 10 regard
any other claims she has not been paid interest Now
sir. l was referring to precedent which supposed the
Senate had established. did not go into Argument
to occupy ibe ms OF the Senate and simply wished 10
call TO the mind OF the Senate its acuon did not
regard necessary argue the questions and simply
reminded senator's OF the action which was bad in an