The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-26
BY ROBERT ARMSTRONG.


In The House ot Represent tlues, January ~, 1853;
hs bill 10 preosi frauds oa Ms treasury Of The United
Stiles.
Mr.. JOHNSON said
MIR SPEAKER: shall commence what little have
10 say upon this subject by asserDgfor il has really
become debatabe quesionthat there such things
as rgh, and wrong, and that the question OF
is 10 sustain legally what morally right, and 10 pro-
hibit legally what il morally wrong know there are
various opinions among men, and among moraiss,
as TO what is abs,ractly right wrong IN itself There
are some things declared offences in law which not
offences morally in themselves And, again. there are
other things not made offences by law which offences
in sound morals. The great object in making laws
should be to sustain develop and carry out what is al
mied to be morally right We find more or less viola
ton every day Of what we IN our minds and hearts con-
slider sound morals and we lind no law 70 prohibit the
violation of those morals Now, think, where there is
moral wrong, there Is political wrong, and IT should be
made legally wrong The object OF this bill is TO prohibit
what considered in political wrong and 10
carry out what is morally right
Te second section OF the bill proposes upon the
yicon OF any individual connected with the heads OF
The departments OF any funconary OF the government
in any of the courts ot justice, OF aiding prosecuting
any claim against the government, for fee direct or
mote, Tor amount speclhed or an amount contIn-
punishable by fine and imprisonment, as the court shall
direct. This considered by the committeeman
think it considered by the people OF the country gene
raly--as q moral and political wrong
The third section Of the bill provides that II any mem
ber OF either house OF Congress- or any oncer In he en-
poy of either house OF Congress, shall be gully OF prose-
cutting any claim against me government lor ZEE IT,
mote direct or contingent 1t shall be msdemeanor, IN
dc,able and upon thereof. punishable with
fine or Imprisonment. The discretion OF The court
think will be conceded una. Inc pIacce ougn. 70 ue
gess beseged every session. and we see the departments
Continually granting claims against The government, and
we know The appliances that are brought 10 bear 10 pro-
cure the selemen OF the claims before the departments
or their passage by the Congress of The United States IL
seems to me that the position or character OF repre-
sentative in Congress is very different one from being
tpn spct tp
In the first instance, the government can pay no claim
unless there is an appropriation made and u member
of Congress accepts lee or present. care not upon
what principle, he becomes involved IN position incon
sisteni with his public relations he may say that he,
lawyer, has right 10 practise before the courts OF the
United States, and AID IN getting CLAIMS through such
tribunals But is that position consistent with the duty
of representative The people send representative
here for the purpose OF guarding their interests, and al
the time doing justice TO all those who may have
claims against the people through the government. The
people send representatives and senators here guard
ans of the treasury, and the holders OF the purse strings
make such appropriations as are just aad to withhold
all that UNJUST
Now while representative is acting in his character
as such, while he is standing as sentinel upon the
wa,chiowers the peoples interests, while he Is pro-
lecng the treasury, he change his character and d.
vest himself of all interest and become an agent Tor pros
ecung claims against the government which cannot be
paid unless he acting the character OF representative,
appropra,es money Tor such payment We find that IN
eres and prejudice closely blended that they
not be separated in matters OF this soT,. And when a
member OF Congress Il acting IN his capacity as such,
he should not run the risk OF being swerved iron his
duty as representative by becoming an agent for the
prosecution OF claims against the government for par
licular individuals For instance, we agree 10 pay a
certain oil moaey by treaty stipulation with some
other government or even with an Indian tribe. IL Is
ratified by The SeDae-ior the Senate IS part OF the
treaty making powerand here Tor instance, member OF
Congress may be interested In claim which loe OF In
dans a foreign power may have against the govern
ment of the United States The treaty made providing
for the payment OF certain amounts OF money upon certain
conditions; it is submitted 10 the Senate OF the United
States for its ratification And here may hnd man,
who acting as an agent Tor claimants against the gov
ernment acting al the same time upon treaty, providing
for the payment OF a large sum OF money Tor the sas
faction Of those claims For instance, you may estab
sh board OF commssioners-as intend TO give case
only for usrailon-by which Tue amount set apart IN
the treaty may be awarded 10 particular individuals
Now the character OF senator's they may come before
the boatd, and there act, they say, an judicial
pscty They ray the treaty, establish board OF com
mssioners 10 whom rs conhded the duty OF awarding
millions Of dollars-whch IS n'rusted TO ihem-amons
those who have claims against the government, and,
Immediately alter the ratification OF the treaty, step out
before this board OF commissioners created by that
treaty, and prosecute against the government claims
which you have provided for IN the very treaty they
have ratified
Now, how do you find The practical operation Of this
thing Notwithstanding you provide by treaty Tor the
payment OF money there is another power 10 be eaer
csed before the money be paid. Alter having pros
esuted the claims TO award before the COMMISSIONER
the money must be appropriated by the approprailng
power, otIoie CdH w 'hc W Nsi
II is awarded. Then Immediately see the impropneiy
OF members of Congress acting agents, as their duties
senator's and representatives come IN direct conic
with the duties OF claims agent They cannot protec
the interests OF The people IN their capacity OF represent
atves, and at the same time prosecute claim 8gains
this government II IL conflict oil interest and duty
which cannot be reconcied. know may be said tha
we can step out OF the House OF Representatives, beor,
board OF and dvesl ourselves Of all in
lerest in the first character Can we return from The
successful prosecution Of claims before that board 10
vote in the Senate, and say are disinierestedl
This whole matter morally wrong and poliucally
wrong, and II ought TO be made legally wrong, am
should be punished contemplated IN this bill i
10 that II IL ml roper for member OF Congress
TO form any such connexion with claims OF this sort
Such connexon is improper, because y Is IMMORAL, be-
cause 1t is unsound IN politics -and If IL s unsound N
these two points II ough, 10 be made so legally
But, Mr. Speaker, am going along with this question
There to be two three other que esions
hecled with IT. My intention s IN the nam, 10 discuss
the bill and the propey OF it's passage but IN this dis
eusslon there has sprung ny question not altogether
legitimate. and CLAIM the privilege, winch ohers have
nduged in, OF dyergng IRON the lIue line Of debate
When come TO examine this Gardiner claim, which
the OF which this bill has sprung through this
special conmtiee, lind the basis OF this claim
upon the twentysxih article OF the treaty made in 1891
That treaty provided for and secured certain rights and
privileges TO citizens in Mexico. Three Of those
prvueges were, that where our czens lived upon the
coast or IN towns, in the that war should break
out they should have six months notice 10 leave th,
country and take away their effects II they lived IN III,
INFERIOR, pursuing the business OF merchandise, they
were to have twelve months II they lived in the int
nor or other portions OF the county, pursuing any othe
occupation, 80 long they behaved themselves and
acted m subodinaion to the existing authorities, they
Dprm Had atp han tad In