The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-01

cep where there is agreement TO do SO, with hers :,
there, perhaps, exception The goysrnmsn, ~
Great Britain, have understood il. always applied NJ
rule-with exceptions. IL is true but deem il 10 =
established, regards the action OF Congress thai N,
exceptional cases here frequent that Il is often ys
difficult know what the rule OF the government i 'si
Mr. MALLORY. Mr.. President, | hope that n an,
senator upon this floor enlertains any doubt abootT
popney OF paying interest upon the liquidaled debit.
the government we shall have little time devoted Ia
curry with regard 10 the subject feel particularly *
tefesed "a the question, standing here 10 represent M
Stale OF Florida because at this time there is somelL
like million OF dollars due to the State OF Florida un1
this very question oil interest, claimed upon demands S
from government over twenty years ago. whose paym
has been stipulated Tor BY treaty. and for the psyment
which The faith oil Tins government has been pledged
foreign country, IN the requirement OF large terflos
and which thus rests upon solemn oblg gallon ihsn
any other II is moi demands that any claimant denss
here And Tor one, am not disposed TO see this ouss
ton CLOSED over with partial arguments. when on n.
other side OF the question there the highest author
lies upon the subject TO reiero And will here remas
that am prepared at any time 10 show my authorize
upon this subject. am prepared at any tine To meet M
argument, that good faith between the government and
individuals does not require The payment OF interest and
that Il depends statutory provisions am or,
pared 10 show that the statutory provisions merely show
the extent OF interest and not the principle OF paying "a
erest at all they show the value OF money. and wba
per cent you will pay-nohng more and that is mai
Ter abou, which nations differ AID am also preparS
to show that since Christianity has ruled the coun
sells OF nations, interest has been allowed payment Of
IA in
teresl for thing used with the consent OF The lende,--
certainly as damages Tor thing used against his conss
But the senator from Delaware (Mr. BAYARDl Appeals
to law-wrters upon this subject Sir, appeal ID,
highest law writer's and authorities upon record appeal
to every lawwriter who has written his name upon ID.
pages OF history in connexion with this subject-to Gro
us PuendoH TO Vatel, to all the historians OF Eng
land, to our own Justices Story and Marshall 10 Chan
celor Kent, and TO every other man eminent law
writer, to prove the fact that interest is never to be re-
fused on claim. Why, sir. look at the stipulaonsn
haVa fharp with
and in particular the treaty OF 1874 and the treaty
Client. When our commissioners negotiating Inc
very first article Of the treaty OF Client dispute arose
and il was referred 10 the Emperor OF Russia He decided
in this way that the United States OF America were en-
titled TO Naturalization for all the property carried Of y
the British forces and upon the joint commission which
was arranged 10 liqudae this amount, question wa.
made and presented about the interest and, sir de
American commissioner, Mr.. Gallatin has written an AZ
gument upon that subject that is perfectly unanswerab
The authorities which he quotes unanswerable And
here will say that in the admiralty OF England
from time mmemoa to the present hour with referenc,
to prizes captured upon the ocean, the decision has been
that the prize should include the value of the property
and interest from the time oil capture That law has
also been acted upon in courts II has been adj
Indicated by Justice Story up TO the time Of his death and
il authorities are wanted can find hundreds OF them
deny the doctrine advanced by the senator and herr
prepared to show that Christian government-our own
included among the number-has ever denied The liability
OF government to pay interest And the policy of moi
paying interest originated. if remember rightly, with
Alexander Hamilton, who, in desperate financial cond
OF our country deemed prudent to refuse 10 nav h
interest, and the owners OF claims then very glad
10 get even the principal Since that time il has been
merely rule OF The departments But sir, Justice and
not expectancy, should be the pillar upon which we
should stand The idea that il we adopt this principle
claimants will not come forward Immediately but will
keep back their claims only goes the expedency OF the
matter II does not apply to the legality Of the claim Let
government throw all proper Safeguards around the a.
certainment OF claims but do not let her keep the
ants out OF their money for twenty, thirty or hhy years,
and then refuse them interest damages on the amount
hope, sir il any doubt remains in the minds Of
aors about the liability of government to pay interest," he
Senate will take time 10 consider the matter shall take
great pleasure, on some future day, In showing lhs
authorities which have incidentally alluded to-.
Mr.. UPHAM. | wish TO say one word for the infa
nation of senators. The petitioner presented his petition
here at the very next session OF Congress- after the
seventh of his claim had been dsallowed. think thai
in every regard should be had to the circumstances
and that each should stand upon itsown merits Ii
seems 10 that If this money is due for services rem
dered TO the government and was nnlawfully withheld
the petitioner should be entitled TO his interest from ihs
time he presented his memorial merely state this fact
as think il was clearly understood It would put an
end 10 the discussion.
The question stated TO be upon the amendment oil
Mr. HUNTER, 10 strike out the words together with The
interest thereon from the first day Of july 1897"
Upon that question Mr.. HUNTER asked the yeas and
Nays which were ordered, and, being taken, quorum
voted
After discussion which was published yesterday,
quorum having been obtained, the vote stood-yeal7
nays 15--as follows:
YEAS-MesI,. Bayard, Borland, Bradbury. Brodhe,d,
Cass Dawson, Dodge of Wisconsin, Dodge Of Iowa. Fech
HWnn,sr King Mason. Norris. soule. Stockton Wade, and
NAYs-Messrs. Badger. Bell, Butler Fish, Hale. Hou.
ton, James, McRae, Mallory, Morton Rusk, Smith, syru
ance, Underwood, and Upham--l5.
So the amendment was agreed to.
On motion, the further consideration OF the bill was
postponed until tomorrow.
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