The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-07

on PeAree. Pratt, Seward. Smith souls. spruance,
SUMNER Underwood, Upham, and Wade-2s
SO the Senate preceded 10 the consideration Of the pr-
yate calendar.
The Senate resumed the consideration Of the bill IS
l4 Tor the relief OF Ira Day-beiDg the unfinished busi
ness ON last Friday
Mr.. HUNTER / rise to say, in relation TO this BILL
that the senator from Delaware [Mr BAYARDl is collect
ing some Information with regard to this bill. and re.
quested that II he should not be here when il should be
taken up i might be allowed to lie over. He had been
told that there has been opinion OF Attorney Gene
raj against bill resting upon precisely the princi
ple and one perhaps two, adverse reports upon this
very claim and he wished IT 10 lie over for examina.
ton.
| The PRESIDENT. The Chair will state that when
the motion made to take papers from the files and refer
them he has uniformly asked the senator whether there
had been any adverse report made in the The
ator replying that there had been adverse report the
Char puts the question According 10 this rule, ad
report having been made and agreed to, the claim
cannot again be presented unless there matter pre-
sented by the individual asking for compensation II
seems according to the statement OF the SENATOR that this
case ought not 10 have been referred.
Mr.. HUNTER do not know that an adverse report
has ever been concurred in by the Senate.
Mr.. UPHAM. There never was an adverse report in
this There was at time report asking to be
discharged but the Chair asked if that was ad-
veree report and decided that it was not.
BY unanimous consent, the bill passed over nior
mally.
c. CASH AND GILES U. ELLIS.
Ihe Senate proceeded TO the consideration OF the bill
for the relief Of David {. Cash and Giles u Elis
which the committee had made adverse report; and
the question stated upon agreeing TO the report
The bill was read for information.
Mr. RUSK asked for the reading OF the report OF the
House OF Representatives which was accordingly read.
Mr.. SHIELDS The Committee on Military Affairs
report, ii is true The fact ls that SO much business Of
that kind has been before us that was almost impossi
BILE to prepare written report. There is another
why we did not make written report; which was, that
n Is a Charac-
ter as, we thought TO render it unnecessary
1t seems that this is an old and stale case will
state few words the truth regard TO it, Cash acted
deputy quartermaster, and Ellis deputy commits
sary They got supplies from the government to very
large amount, and they signed their in this capa
deputy commssary. They distributed these goods--God
knows how, for they do not pretend to tell When they
settle their accounts with the department, the de-
parment ask ed them for vouchers and turned out
that they could not furnish any vouchers Tor the appll
cation OF the supplies they had received The depart
ment therefore Instituted suit against them and then
they come in and make affidavit that they not really
acting in that official capacity, but merely acting in in
dvdua capacity and were not responsible to the depart
ment, but to officer by the name of Crum, and that
they accountable to him, and left him TO account TO
the department. The papers file show their receipts
given the department quartemaster general and
commssary and they received the property OF the govern
ment in that capacity for they could not have received
in any other They distributed that property, and then
turned round and denied when called by the
ment account for il. the very official character which
they assumed when they obtained the property; and they
make affidavit that when they stated that the govern
ment they simply acting as the agents OF some other
man.
There are two views which may be taken of this case
How it passed the other body cannot tell There
suit in the course o prosecution against them Let
them show what they affirm. that they were really
acting simply agents. and they obtain relief at
have consulted with the department. and am borne out
in saying that when the suit prosecuted, If the facts
true they will exonerae themselves. If the facts
false and their receipts alsiy hem then, OF course,
they will be responsible TO the government, which they
aef,ta lltg g.ha .tadn his at
further consideration OF the bill be indefinitely post
poned.
Mr. RUSK, l think the honorable senator has fallen
into mistake in this matter. From the reading of
the report taking it TO be true, II seems TO 10 be
very clear case OF merit The amount is small. As
understand the report. this man CIum was the acting
commissary and quartermasier. The applicans-one
lieutenant and the other sodler-were employed by
him to act as deputies This is a very frequent
renee II seems 10 me that the committee OF The House
Of Representatives sustained in this matter by the a
hdavit OF this himself that he employed this leu
tenant and this private to act as his deputies and re-
quired them to make report of their proceedings him
the responsible officer OF the government under
stand the question TO be simply this from the reading OF
the report and the bill 1t that these individuals
applied for pay due 10 hem not for any services
eraser and commissary, but as lieutenant and private
soldier in the army, The government refused TO make
this payment because of this unsettled account. The
Committee on Military Affairs here 10 take for
granted that because they signed these receipts depu-
es is conclusive against them and they must account
for the amounts--
Dir. sftlfsLDo. W
statement These two men were at two different posts,
acting in the capacity have stated. They drew from
Col Thompson all the supplies have mentioned, TO
considerable amount, The man whom they now pre-.
tend they acted for, whose name is Crun, became de-
fauer and has accounted 10 the government and
never can aceounto the government After he became
a defauer, when they called upon to account
for the amounts they had received they turned round
| and insisted that they had acted the agents OF
this He himself admits IL, because he is de.
faulter, and owes much that he pay that
or the rest OF IT, will ask the gentlemen TO look at
the papers-her receipts to look at the reports that
came from the department. II the facts they aege are
true il is good legal defence will ask any OF my
honorable and legal friends If the facts which are stated
by them do not constitute good defence in any court OF
law in the United States Why, them come here for
lief | put il upon that single point sufficient.
MIR RUSK. | do not exactly understand how
| Mr. BADGER. Will the senator allow me TO state The
case There is action OF law pending against these
men, The matters which they set up in their petition.
and which the basis oil the report OF the committee oil
the House OF Representatives, If true, furnish complete
legal defence against that transaction mere equa-
bic one but a legal defence Then why should we in
when the question is open between the government
and the petitioners in legal form, where these questions
can be better heard and fully tested than they can
be herei II the facts alleged true, they will obtain
verdict they not true, they are entitled neher TO
a verdict to what they claim as equitable relief.
| Mr.. SHIELDS, lin his seat) II will be time enough
10 give them relief when the judgment goes against
| them. .
| Mr. RUSK II seems TO me that the gentleman totally
misunderst the bill This is TO relieve them, not
from the suit account OF their appropriation OF proper
Nv received By the govemmentnot by any means IT Is
only to pay them what appears to be due to them upon
the books Of the department Tor Their services as eulen