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


Senate 10 be kind enough to lake up for consideration e..
tain amendments which reported from the Com
mlttee on the Judiciary days ago 10 the bill from
The House of Represe natiyeso prevent frauds upon th
treasury OF the United States rs very important that
these amendments should go back again 10 the House A.
soon possible, the Senate should concur in them ~
hope they will and think II will occupy but a few
minutes
The motion being agreed to- the Senate proceeded :.
IN committee OF the whole, 10 the consideration of ihs
bill S k 326) 10 prevent frauds upon the treasury al
the United States. The amendments reported by tbe
committee on The judiciary were read, follows:
In section two, lines y g. o. and TO- strike out the fol
lowing words; .'Sha receive any gratuity from anv
claimant against the United States agree TO receive or
receive, except by inheritance, bequesl marriage anv
share or pecunary interest IN any claim against the Uni
ted States, orr In section wo lines 10 and IT. strike on,
the words 'for the trial OF crimes and msdemeaDors
and insert the word "iheIeof"
In section two, lines eighteen and nineteen strike ON,
the words twice the amount OF grauity fee, compen
satoa received by the person so convicted and The
words " five thousand dollars"
MIR. BADGER. Mr.. President. ii the Senate will yivs
me their attention Tor one moment, will explain The
object OF these amendments The second section at
thus BILL proposed TO be amended by the Commit
lee the Judiciary, will be OF the which was
passed by the Senate at the last session, a bill which
had the honor 10 introduce, which was carefully exam
inc and reported from the Committee OF Claims by the
honorable senator from Pennsylvania, MIR BRoABHsApl
The House have taken these sections and have passe
them in bill entitled An act to prevent frauds upop
the treasury OF the United Slaes;" but they have inn-
duced into It the words shall receive any graluy from
any claimant against the United States, agree 10 ~
ceive, or receive. except by inheritance, beques ma
rage, any share or pecuniary interest in any claim
against the United States !" and thus. with the suhse
quent words, il would have the effect of authorizing
these executive officers TO prosecute claims against tie
United States unless they paid tor twheeas the
intention of the section, passed by the Senate was 10
prohibit all interference on their part whether with
without compensation. That is the effect OF the amend
ment II is to restore it as it originally stood
The question being taken on The above amendments,
they were agreed to.
Mr.. BADGER. There is no necessity for reading the
amendments in the third section. 1t merely proposed
to strike out the same words in the second seclionthe
third section, however, applying TO members OF Congress-
The provision Is introduced IN such manner and form
to the committee make it odous and uniust
The only object of that provision of the bill is to prevent
members OF Congress from prosecuting claims for their
constituents Others for compensation-that is ALL W.
wish to reduce it precisely to that state.
The question being then taken on the amendments re-.
ported to the third section OF the bill they were agreed
The next amendments were to insert in the second linz
Of the fourth section the words, shall wilfuy ana
knowingly destroy or attempt to destroy, or" In line
hree after the word stea' insert the words, or de-.
slroy In line nine, strike out the words " liable to in
lictment as Tor larceny and insert in lieu thereof the
words deemed guilty of felony upon conviction" In
lines eleven and twelve, strike out the words for the
rial of crimes and misdemeanors against the United
States and insert the word thereof" so that the sec.
ion will read
SEC And be 1t further enacted, That any person who
Destroy attempt to destroy shall take and carry away
any record, paper or proceeding OF court OF Justice, filed
paper document filed deposited in any pub
c office or with any Judicial or public officer, SHALL
out reference 10 the value Of tue paper record document
conviction IN any court OF the United States having jursdc
ION thereof and upon CONVICTION thereof shall pay fine
penentary not exceeding three years, both the
court in its discretion shall adludge.
MIR. BADGER. That is section which was added
nd p,,,oo and
excellent onetor the purpose OF Furnishing persons who
should steal take away NC, any public record paper
he committee have added certain amendments H. for
he purpose OF that section stringent by add
ng 10 it the words or shall willully and knowingly
Destroy, attempt to destroy, with intent TO steal or
lesroy shall take and carry away any paper Sc That
8 the effect OF that amendment
The question being taken on the amendment, il was
agreed TO.
The Eext amendment was in section FIVE, lines sir
ind seven strike out the words liable TO indictment
Is Tor misdeamor and insert in lieu thereof the words
deemed gully OF felony on conviction" In lines nine
md ten strike ont the words for the trial of crimes
md msdeamoFs against the United Stales and insert the
word :" thereof .
Mr. BADGER That section relates TO any officer who.
having custody OF any record, document or paper shall
be guilty OF the like offences specified in the preceding
'eciion and the amendment IS TO make the offence
ebony. i was thought too high offence to stand as
mere msdemeanoT
The question being taken on the amendment, j, was
agreed 10.
AL
o strike out the word opinion" and insert the word
or" In iines sixteen and seventeen, strike out the
words or judgment, or with intent 10 bias his mindn
Mr.. BADGER That section is intended to punish per
sons who shall offer TO give and persons who shall re-
,eive any reward graiuy, for the purpose of in
1uencng their decision vote in regard 10 matters
which come under their jurisdiction, either members
)i Congress or public officers In the House they
lad used the phraseoogy influence his vote opinion
cison, or Judgment. with intent to bias his nind
Which we though, N many respects indefinite and in
ome respects absurd. To charge man on indictment
With having offered reward with intent TO bias another
mans mind, we have thought akin TO a legal alb
ufdhy and we therefore propose to alter so thai il
mall read with intent to influence his vote or decis-
on, that Is the only matter In which we are concerned
And then, In subsequan part OF the clause is an amend
nent TO strike out the words the member eficer or
'erson and TO insert any officer or person holding any
uch place OF honor trust or profit aforesaid" &c This
is Offered Tor this reason Az the House bill
Rood undertook 10 declare tina, il member OF this
ne DINER house was guilty OF this offence, in addition n
he punishment described, he should forfeit his place here
We did not believe that we had any constitutional power
yer that subject TO say that any member OF this house
u the other should be expelled and lose his place with
n the vote OF The house TO which be may belong The
'blect OF the amendment Is 10 strike that out.
Ihe question being taken upon these amendments they
we're agreed TO-
The next amendment was to insert an additional sec.
ion, as follows,
Size. Ind BE- Il further enacted, That nothing herein
before conta med Ell all be construed apply the
4 the United States"
Mr.. BADGER. wish merely to mention that AZ the
W originally passed the Senate, IL confined by the
of II TO the prosecution OF claims before the two
ousss OF Congress, before the executive departments,
md before boards without intending to apply to man.
aiming or defending a suit in the courts of the United
states. Those words left out OF the section as
ramed by The House, and we propose, by this supple.