The daily union., 1852-08-11


in justice TO The public and 10 the government and al
though have not looked nto the particular provisions
made in this amendment have supposed that was very
proper TO throw this investigation into some other hands
into the hands OF men who would be above all snseon,
arising from any past associations or friendship with the
individuals concerned merely say this 10 show that,
the law stands, that superintendent must lnyes
gate the and report upon H.
In addition 10 that remark that agree perfectly with
the honorable senator from Michigan, [Mr CAss,l as
have heretofore expressed not ia this body that the gov
ernment is under obligation whatever TO pay these
claims originating in contracts oil agents who maDieslly
exceed their powers and Instructions We unter no
obligations whatever TO pay them No government could
stand its agents whom they might send upon important
business important negotiations with delegated OF
limited trusts. should involve il ad ibiu dsregardng
their powers and Instructions. IL WIN not 40 10 say
these honest who set up these claims, because
thousands of honest may be very readily len mo
making such contacts And even il there be anything
in The character of the engaged, no goVefnmeht
could stand under a construction OF puhlc law or OF JUS
ce which would hold bound for such extravaganees
But there is difference between the power OF me
government and The power OF the iegisatuie anu a',ei
thew have fuly Investigated all the circumstances under
which these contracts originated hndng them ts be Zee
from fraud or finding them have been contracted
der any very high public necessity involving the saiely
of society of the great public interests under crcum
stances in which almost any public otcer would ee al
liberty to exceed the hounds OF his authority insruc
tons-hndsg the eAigences OF the case 10 have been
OF such nature thai, then It will be al The discretion
of the eg lave department TO pay the claims, not,
they think proper am nor willing myself to give any
which would sanclio the principle that The govern
ment is bound by these conract~ but do not think m
voting for sum OF money, to have thorough invesga
ton OF The circumstances under which these contracts
have been made, commit The government 10 the pay
Inen of the cians alter the investigation made, what
ever may be result OF that investigation and however
parties appear 10 have been For that reason
in favor OF voting Tor this appropriations
Mr.. ADAMS | rise for The purpose OF Offering an
amendment 10 The proposition- strike out ten aud
insert . FIVE" do il Tor this reason agree with The
honorable senator IRON Michigan Mr.. CAss that i tie
agents OF the government transcend The power conferred
upon them, those who trust most must lose most Tor The
government is only liable for such contracts may he
made by its officers within the scope OF their power But
truly remarked by the senator from Tennessee Mr..
BELL the legislative power has right contracts have
been made BY accredited agents of the government and
innocent have rendered service TO those emp Dyed
in the business OF the government, to make renunera
ton. The whole question, then, resolves itself in this 1t
it is the determination OF Congress 10 make compensation
those who have parted with their property under the
authority OF agents accredited by the government IN Cali
forna in relation To this Transaction u is money
business make the appropriation which is asked
With regard 10 the suggestions made by the senator from
MARYLAND Mr. PEARcE in reference 10 eI parte statements,
do not know but what would be policy, whenever an
unliqudated claim is presented for the consideration OF
Congress- to make appropriation TO pay trusty agent
investigate the other side OF the questions All who
have been in the habit OF attending courts OF justice know
the advantage of an parte one-sded examination.
The claims presented against the government in this case
amount to eight hundred and odd thousand dollars Un
less the claimants are more reasonable take II ior
granted they are more hones-n their appreciation of
what their and the rights OF the adverse party
than is ordinarily the IN court Of justice. think II
would be immense saving 10 the government to have
this investigation made.
The proposition is appoint agent to investigate
the character OF this claim, and move TO strike out
"ten" and insert fve," for this reason: There are
plenty of individuals residing in the State OF California
could point TO many in my limited acquaintance there
who, for half the amount appropriated in the original
amendment, BY beng presented with copy OF this claim,
would ascertain all the facs-reabe men, upon whom
this Congress could depend to ascertain all the facts and
procure all the information necessary to enable the Con-
gress Of The United States 10 determine the justice OF the
claim One half The amount proposed TO be appropriated
for this service would enable Congress know the cir
cumslances under which the contracts were made, the
value of the services rendered. and supplies furnished 10
the United States. | admit, if you establish regular
court there call for testimony pro and con- and adudcaie
the various claims that come up ten thousand, twenty
thousand and perhaps fifty thousand dollars, would not
be much 10 pay for the services; but 10 appoint an
agent agents half the amount proposed would be
amply sufficient 10 obtain all the information wanted TO
enable Congress 10 come TO proper decision upon The
matter.
AS to the peculiar circumstances surrounding this
Transaction it is due TO the Indian department 10 say,
ausion been made frequently TO them, that these In
dian commissioners expressly informed as 10 the
amount OF the appropriation, and were limited in their
Ii is due TO them 10 say that, lar they
have exceeded those instructions II has been contrary TO
the express direction OF the Iadan department Whether
the government is bound, under The peculiar cfcum
stances surrounding The commissioners
which could not have been known by Congress at the
The head oil the 0ufeau-tO lne
question for the consideration Of Congress- when ALL
the facts shall be presented Then the question arises
whether matter Of economy. and Tor the purpose OF
enabling Congress 10 do justice to It's citizens and TO H.
seIfior IL do justice 10 Itself without dong
Justice 10 every citizen in the community whether pub
lie privsesome such appropriation as this should be
made order 10 obtain that information upon the side o
the government which will enable Congress 10 adudl-
cate The claim properly when il comes up. ! mink,
under all The OF this case, that II is right
and proper that appropHationnot OF 900, because
that is necessarybut OF s. 0)0 should be made
10 enable Congress advsedy And for the
have stated even should my proposition be rejected shll
IN order that we may have both sides of the question
once in The legislative history OF the country IN the in
ves,igauion OF claims against the government, an will
ling make the experiment; Tor IN my ue experience
in this and the oher branch OF Congress- hardly know
solitary that has been brought up before the
Congress o the UndeJ States where both sides o the claim
have BEEN presented 10 he consideration. has al ways
been sI paris and fhnk would be worth expert
meat 10 tor what we can save To The govern
mcnt by investigating both sides OF claim shall
therefore vote for the $4,000 IL my amendment is re-
ieced
Mr.. WELLER II the Senate should presume 10 ap-
point all spprehend that thon and dol
lars will not be TOO much 10 pay the exprtss OF that
agent. The State OF California divided between
these commissioner into thtee dstrlcts-Nr Mckee
taking charge Of the northern portion, MIR WolfeHsltn
the CENTRAL Mr. Barbour the southern These agents
went through the respective portions OF the State and
made these contracts Now, SIR IN order to investigate
into the manner which these contracts were made--in
order 10 determine the question whether the beet was
supplied under these contracts lit will be stay TO
visit The points at which the beef TO be delivered
they will be compelled, therefore, 10 go IRON the ex-
northern to the extreme southern paH OF the state,
because these the points which this beef 10 be
delivered and there the witnesses reside whose testimony