The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-16

eAceuuou VI SfecDes Yielding
10 The dictates OF honor and OF indignation which nfu
enced the whole army-and let here thank The honoI-
able member from Rhode Island [Mr. JAsEsl who is The
representative OF the birthplace OF that brave man. for
bringing forward this bill General Greene yielding 10
the dictates oil honor and Indignation determined 10
alate upon the British for the execution of Hayne when
his conrsae and broiherin law farewell The British
dared not TO take his life But what did they do They
Immediately sen enissaes 10 his plantation despoed his
house, carried off his property, and left The who
wrote the noble sentiment imboded IN the report upon
Your table, without the ordinary OF subsistence.
lhe sentiment is this when Colonel Baour, who took
upon himself the office OF civil governor OF Charleston
n that time, reduced them from the condition OF
prisoners OF war and placed them upon board the prison
ships and told them that their lives would be held
sponsble for anything done by General Greene by way of
retaliation upon the British they wrote TO him General
Greene) not TO forbear in the performance OF what
hs might deem TO be his duty. they would be sorry
only that they could not perform acceptable
vics TO their country than offering up their lives and blood
sacrifice for the honor OF the country and the
Of its arms will however read it in order that may
be made more conspicuous by its own words
1--WE have the honor OF enclosing copy OF letter from
Colonel Bsliour commandant OF Charleston. which was
handed US Immediately on our being PUT upon board OF
your wisdom viii adicaIs The notice i merits We would
Just beg leave observe that should it fall 10 the lot OF all
contained, only regret blood be
disposed OF more TO the OF the glorious cause 10
which we have adhered"
That is their letter They were then hostages, not
prisoners OF war; their condition was changed, and
changed by the yrannical policy OF the bloody tyran
who then governed Charleston under the form OF civil au
thority. They willing that their blood should be
spilled in the cause and that they should be held TO an
swer for the acts of General Greene They were host
ages and the law laid down by Grotus is, that where
hostages suffer an injury il Is 10 be indemnhed. do
not that they became hostages by the declaration OF
Bslfoar but they became by the acquescence OF Gen
Greene in their condition They remained hostages
placed, his manly frmness, his Roman firmness, his
nnshrnking courage courage that would have dis
dsned to allow him TO become prisoner OF war; had he
known that his condition to be changed from that Of
q common prisoner OF war to that OF hostage upon
board Of prisons hip-we may well believe that he
would have preferred TO have fallen in the midst OF the
ruins of his city than have changed his posi-
ton But il was changed, and in consequence OF that
change these injuries inflicted upon him, well
upon others, but more particularly upon him
have the time 90 into this subject at large. have
great deal OF feeling upon t. for more reasons than one
And hope my friend from Delaware lMr. BAyARDl will
yield at least some portion OF the interest in this case
Major Wgg returned home as soon as he had effected
his release from the pson-shp, in company with his fell
lowprsones, by taking possession OF her, and RAINING
her into North Carolina and as soon as he returned
home he made affidavit, and filed 1t among his pa
pers, of the amount Of bis losses for which he intend
ed TO prosecute claim either against South SaIo.
after; his brother law also died immediately and The
paper msad and has only been found very recent
ly II there any claim founded upon justice this is
one and whether the whole interest is not 10 be
allowed think in any point OF view honorable senator's
shoad be disposed TO give interest from the time that the
UelNAOu
Senate will pass the bill il is It's bill which has
emanaied from committee who have bestowed upon
this due consideration; and permit me TO say that II
does their heart and judgment equal credit 1t comes
from committee that has northern feeling upon this
subjeca committee which has yielded TO the honorable
impulses of the heart and those impulses generally dc
tate what the law OF nations should be. shall never
forget, and in its gratitude South Carolina will never
forget the services OF General Greene whose birthplace
the honorable senator who reported this bill Mr. james,
70 w0rhily represents And al The end OF The revou-
lionary made him donation OF $4,000, when we
were scarcely able to pay our own ragged soldiers
M BAYARp OF The soaSsnse o. ne remarks mari; Of
there be doubt or dispute. But il does seem
that they do not touch the position have assumed
guard the disbursement of the public money OF the
ton, and not to dsbuse II rs was my own private
property, but as if trustee over H. and bound TO act
upon matters of that kind coming before the Senate, &C
cOrd,ng to the best Judgment form 10 the pro-
prety OF the allowances proposed to be made do not
dispute for moment the gallant services or the noble
sentiments OF the distng ulshed officer whose representa-
tives seek this remuneration from the government
do not object 10 the claim itself. do not even come
TO the consideration OF whether this claim IS gratuiy
or whether IL is Just claim according 10 The law OF ma
TONS do not make any objection 10 adopting The
mere principal itself of the claim But the objection
which raise - 10 the allowance oil interest for such
long period OF lime. IL is an allowance which, as II
seems to will afford precedent for all this ooseness
Of allowances against the government arises from one
case after another creeping IN one being cited as the pre-
ce4ent for another. and 1t will ,entuay come TO the
allowing OF interest in all cases whatsoever. Now, hold
that the true doctrine OF this government against
allowing interest, except in OF agreement some
thing OF that kind cannot vote for that portion OF the
bill nor for the bill itself II that portion IL retained in H.
Now, the question 10 the value and the galanlry OF
the services OF the individual does not touch the ques
ton al all. The question is whether claim made pom
this government after the lapse OF seventy years, with
other being given Tor It's delay than the state
nent that the paper contanIng-not proof Of The loss IT.
self-but estimate OF the amount OF that oss-was not
discovered until very recently; whether upon claim Of
that kind against the government, which perfectly
competent IN the interim to pay II whenever presented
that government ought now 10 pay interest upon such
claim for the whole time II has been lying idle since IL
That is The question and know of no principle
upon which you agree TO allow interest m ibis
which will necessarily force you into the allowance
OF interest in every which comes before you,
without regard 10 the lapse OF time. This is not a
question connected with the statute OF limitations,
know. But this great question is one OF stale claims
and is not merely legal or technical objection. IL
10 one which the highest and best men and Judges
in our courts have always recognised as leading,
necessary and essential principle in courts OF law,
that stale claims are not 10 be counenanced The
reason for that is very apparent You may If thai
principle be not adopted get any statement you please IN
respect 10 clam sixty seventy years old-you can
make any explanation about its character you please the
claim itself may be enhanced in value by statements made
by those who parties 10 u, as they make their
own representations without fear OF contradiction. DO
not say that such the reference TO the
claim before am only stating what will be the gen
era result If You adopt principle now in opposition 10
that which has been adopted in all courts heretofore
you will recognise the principle TO let the party have in
terest even where he has slept his rights and not
CHOSEN to demand them And the result will be, that,
however Overlooking your treasury may now be, you
VIII noslohg nave to complain OF an evil OF that kind.