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

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the line that to secure that. am for pun
ishing them Tor making any improper OF this pnyl'
lege. make thai distinction. SO much for the argu-
ment OF my friend on that point
Now, have TO inform him, by way OF correction, as
he corrected me the other day IN cacuauonand take
pleasure in paying him baek-that he in like
TO discharge all debts My friend from North Carolina
was so anxious to display his villas he generally does
upon occasions of this sorhai he did not attend 10 the
reading OF the provisions OF my substitute wish 10
read portion OF il To him again and he viii Ind that
even embraeefy" to his own term, is provdedfor
My substitute provides;
Nor shall any person whatever receive any gift pres
emit fee reward for his her Influence TO be exercised
IN any manner Whatever Ia procuring the passage Of
an appropriation by the Congress OF the United States
ia favor OF individual company corporation, state
los recommending person. o. using bis or her
So. then, il will be perceived that my friends fruitful
Imagination in imputng defects to my proposition, has
failed on the present occasion knew his great suscep
iibiy 10 that kind of influence which seems have
tered into his thoughts That ETHEREAL has much
influence upon me, 4 hope. upon him. wanted 10
guard both him and me against it, Therefore provided
/ hope that, no great delay from this mat
ter again gong before the Committee OF Claims, who
have prepared this BILL and really the subject ln my
humble Judgment is that OF vast importance to this
country and to own honor and credit may be per-
med to iake that course, and let the committee see
whether h,re are any suggestions IN my proposition
report the lll back tomorrow, the next day. and
shall be conen have pride of opinion in this mat
ter---nOne Whatever. nave already accounted Inc
reason why could not attend to the matter earlier. do
not aboat making any argument. do not feel any
kind Of qualification In submitting speech on the subject
! | have acted because this matter, while was member
of the Committee of Claims, occasionally talked OF in
committees and because one branch OF this amendment
has been matter that have looked Tor years. for il
grew out of personaland family transactions and il could
not escape Having thought upon it in the
have done. deemed proper to bring TO the attention
OF the Senate. #a
One remark more We gentlemen here are TO blame,
4 n a a
of claims before which the claims against the
government could be settled If we had an etfcien!
court or board OF claims, which should consider all
claims presented against the government, you would
never hear Of those personal mpuations which this bill
unfortunately provides Tor against members OF Cong
These claims would then go through judicial tribunal
That rbunil would settle the merits OF the claims and
report to what allowance ought 10 be made II we
thought they were improperly settled, we could exercise
a sort OF revising control over the board. humbly
conceive that while upon this subject members OF
Congress do better than to reflect seriously upon
the proprey OF establishing board OF claims, before
whom thess should be adjudicated and thus take
them away from the action OF members oil Congress un-
hl they shall have been adludicated by such board
Mr. BADGER. MIR. President, | do not think my
friend has rieved himself at all from the difficulty which
pointed ott to hun Tor when you come 10 consider his
provision, merely excludes the influence to which
have alluded when that influence i given for Zee or re-
ward. Nov, the danger OF that influence ishgher when
ii is not mercenay but is grataitous, and II more COM
petey takes away from those upon whom II Is brought
to bear calm exercise OF judcous understanding That
ect OF the establishment OF board OF accounts for dc
not exactly what has to do with this question.
Mr. MASON. | think it is perfectly manifest to the
Senate that the unfortunate difference between the hon
orable senators from Kentucky and North Carolina are
irreconciiable and as the hour for adjournment has
rived, move 10 adjourn.
The question being taken on the motion TO adjourn, il
was lost.
/ Mr. ADAMS Mr. President cannot vote for the
recomniment OF this BILL for The reason that think the
evils it is intended to prevent far as legislation
prevent them, are already provided for by the bill
ported by the committee The main object oil the bill is
/ understand, 10 reach class OF cases which cannot
be reached in any other way than the mode pointed
by this bill II is known that claims existing agans
the government often in the hands oil persons entitled
to them, who unnformed in relation TO their rights
and who necessarily compelled TO employ others Il
prosecute them As the practice now IL, the whole o
the compensation and rights OF the parties depend to
great extent upon the agent OF the claim and the objec
OF this bill is TO shit and to change the character OF hs
rights OF the parties so that the claimant himself or her
self may have IL IN his or her power to make such
pensaton be she may think proper, and not allow
the agent 10 demand as much as he thinks proper. Ac
cording 10 the DECISION OF Attorney General Gilpn
former day. upon common-law principles, the agent o
attorney had lien IN the department, upon the recovery
against the government OF the amount OF his contract o
the fee, be that half more less The Attorney Gen
eral, the of Indian, determined that, nasmuch
the recovery the result of the labor OF the Attorney h
had lien upon common-law principles TO the extent
his contract and upon the recovery must be paid TO thu
agent and to nobody else When Governor Marcy wal
Secretary Of War that rule reversed. But since ba
time, understand the opinion OF Attorney General Gpir
now prevails; and when an individual RECEIVERS clam
cavea is filed at once by the attorneys for ten twenty
thirty fifty per cent, and the claimant is compelled L
yield TO whatever the agent may demand oil hun, or al
lege prove the party has agcedperhaps with i'm
perfect knowledge of their rights--to pay. Now, ht
object OF this bill ls that the claimant shall have bt
liberty OF complying with his not; that h,
agent may rely exclusively upon the honor OF the nd
vidua that employs him. think myself that there is
danger Of claimants failing to pay reasonable compensa
ton But to prevent camperfy is utterly impossible Al
that Conrress can do is 10 throw the parties upon the
contract; and If individuals make contracts, let them &c
TO the OF justice enforce them but give then
the advantage OF filing caveats in the department
There other provisions in the bill 10 reference
members OF Congress, preventing them from prosecuting
claims for pay. That think is right and proper
bat il they choose to do IT, and the claimant refuses tc
pay them they must 90 court OF justice to enforce
their contract, and do that the evil could be
much benefited by this provision OF the committee.
! Mr. BRODHEAD | have only TO observe that con-
in what has been expressed by the from North
Carolina Mr.. BADcERl and the senator from Mssis-
sippi, [Mr. ADAMS think this is very good bill. II
goes pretty far and do not therefore wish 10 have II
recommted TO the committee OF which am chairman
hope that motion will not prevail, and that we will pass
the bill al once.
The question being taken on the motion to recommi'
the bill, IL was lost.
The question then recurring the passage Of the bill
| il was passed.
On motion, the Senate adjourned
THURSDAY, MAY 10, 1852.
DEFICIENCY BILL.
The special order-the deficiency bll-hsving been