The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-18

thew have refused TO report in favor u additional allow
ances for these services. This to fall
within the class Of cases upon which that committee haye
refused TO report iayoably and defer much to their
judgment that shall vote against making this appropr
auon.
Mr.. JONES, OF Iowa. would ask the senator from
Virginia MIR HuKTERl whether estimates were made in
those cases as have been made IN this case :
Mr. HUNTER. believe estimates wero made by the
Secretary of the Interior.
Mr.. JONES, Of Iowa Very we'll will say that at
the last session OF Congress, and at all the other SEES
slons since have been here precisely similar appropr
atoms have been made for similar reasons 10 pay the
deputy surveyors for the that the surveyor gene
raj bad not the money hand TO pay them All he could
do TO promise them that when the work done he
would recommend the Secretary OF the Interior to have
appropriation made for the purpose OF giving them
additional compensation. In this case the work has
been done they have less money than is necessary TO
pay for it. and this appropriation is asked 10 pay
them, according to the understanding that there be-
tween them and the surveyor general in regard TO what
they should receive from the geseral government The
case is precisely similar to other for which such
appropriations have been made
MIR. HUNTER. | will waive my objection to this
amendment. | now rise 10 question OF order. !
think this private claim and under the rule cannot
The PRESIDENT. The Chair is of opinion that, being
private claim, this amendment is excluded under The
Mr. JONES This is recommended by the depart
ment.
The PRESIDENT Tha, may be- but the rule reads
thus.
$50 No amendment proposing additional appropriations
shall be received general appropriation BILL unless
be made carry the provisions OF existing law,
resolution previously passed by the Senate
during that session. moved by direction Of Standing
committee of the Senate, in pursuance OF an estimate
from the head OF The departments and no mend
shall be received whose Objects provide for pl
vae claim, although the same may have been previously
sanctioned by the Senate"
Mr.. BORLAND. Before the decision upon the ques.
tion OF order is tna should be glad 10 make sug
gestion This is not such private claim as | under
stand as Is excluded, unconneced with the public
vice but this is carrying out the provisions of law in the
survey OF the public lands when ordered by competent
competent authority with these individuals The amount
OF money hand which had been appropriated for this
purpose was exhausted and this simply TO supply the
deficiency in the former appropriation 10 carry out law
full object regularly and lawfully authorized and no
therefore, in the OF the rule, private claim
The PRESIDENT. The amendment will again be
read.
The amendment having beea read,
MIR. JONES asked that the letter from the department
be read; which was read, as follows
9 DEPARTMENT OF THE INTERIOR Feb IA, 1858
" Sin have the honor to transmit herewith a coamu-
ncaton irom the Commissioner of the General Land Of
hoe dated on lhe Id, inst accommodating an appropra.
tion 10 3 Norris and George stunz two deputy
euied by them, Tue additional allowance recommended
ss Ia, o g. 81 re- Fo and IN ss
Ing done by these gentlemen appears from the enclosed
papers doubt MOI the OF their present de-
preparation asked for may be made"
The PRESIDENT. The Chair is of the opinion that
the amendment IS not excluded by the rule.
taken. Il is very well for us TO understand precisely
what is the principle Involved in this amendment. |
have looked through the papers presented this morning
from the department. and The evidence in the The
point is simply this An act OF Congress authorized the
proper department 10 contract for the surveys of land
mentioned IN these papers, at rate not exceeding five dol
lars per mile contract was entered into with these
gentlemen al five dollars per mile, and the surveys
on One OF them. II seems. has perfected the survey
and the other has not yet finished the running of his line
The parties now come here and say that the amount
which they contracted 10 receive, and which they have
receved-the amount of hye dollars per mie-does not
give them full compensaon-hat they lose by the
tract There are no special reasons given They do not
allege mlsapprehenson, Misunderstanding, msrerre
sen,ation anything Of the kind They merely aliege
that the country distane and therefore it has
them good deal OF money from the long distance they
had TO go and that there were difficulties in the survey
ing requiring the OF the solar compass instead of the
ordinary compass All the facts, as understand, were
known 10 them when the contract entered into, just
well as a, this day. 10 other words, they entered
into the contract knowing all the facts in relation TO it,
but found their contract not TO be good one and there
fore they come back and ask to give them three dol
lars per mile in addition. That is The whole and it
presents this simple question: They knew all the facts
in regard 10 the work when they entered into the
tract for the survey OF the land and il turns out is
alleged TO turn OUT that the contract not good oae
Now, shall we revise this contract, and make up TO the
parties whatever they shall aege that they have lost Z
That s the true question before us.
Now, the department have had action upon the subject
Formerly, when they entered into contract for less
sum than the maximum fixed by law, they the
habit OF conpensang contractors for losses sustained
their discretion, up 10 the limit OF The law, which was
% a mile 10 this But very recently they have
changed that rule IN the department The effect oil
found TO be that every surveyor would take the contract
Tor less than the maximum allowed by law, and would
afterwards ask to have addition to his compensation
The department annoyed by this TO such an
extent that they were obliged to give notice that thence.
forth every who made contract must abide by that
contract And in accordance with that very principle,
since they made that rule parties have been in the bab,
OF coming here. They have been, in several instances
before the Committee Public Lands to obtain an APP
preparation TO aid than in such cases But the committee
have not reported in favorof it, They have thought
proper 10 go back and call in all the contractors with whom
have had dealings, to revise their contracts, and TO
see whether they have made money lost money by
their contracts, and 10 appropriate money from the treasu
ny Of the United States wherever they have met with
losses The committee thought this would be whole
sale business, and the adoption Of the principle would
lead to revision of the whole The committee therefore
thought it better 10 leave the matter il
III, however, the Senate fit to revise contracts,
and TO adopt the principle several OF those have
been presented TO the Committee on Public Lands which
would deserve attention. One case, recoect, is that OF
Geo Mckay, OF Florida for surveys there another that
OF Polish gentleman. who presented claims oil similar
character Those cases. 1t seems 10 present stronger
claims than the presented wish the Senate to
understand the principle involved, and that il il is be
applied in this case, equity requires that shall also be
applied in others
Mr.. RUSK move TO postpone the further considera-
ton OF the bill until Tomorrow.
Mr.. JONES ! hope the gentleman will let this be
decided one way or the other Let us havs the vote
MT RUSk. Ii is utterly impossible.
MT JONES. II will not take five minutes do not
think that anybody else wishes to say anything upon The
subject. -
Mr.. RUSk Withdrew The rnofion