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

ius''aed " by telling story which Mr. Clay related OF
MI urundy, that ii MIR GTundy responsible for all
lhe criminals he had defended, he would have great
amount OF SIN for which 10 answer That may be all
uue ou y IS not Mr. Gfundy defending criminal in this
case, out II Is Mr.. Corwn aiding man in prosecuting
a clam against the government He appears for the
palnui and not for the defendant--fof a who is
Tying 10 commit fraud upon the treasury, with
,he knowledge OF lis being fraudulent claim, as be-
lleVe we say Il is wrong in that connexon and still
more II he knew il to be wrong The cases not anal
ogous al all
The gentleman from Ohio presented one or two other
really strange ideas He out with saying that he
should vote tor The BILL thereby admitting that this thing
should be made offence legally il morally be-
cause we proceed upon the idea in this and most other
countries, that TO have anything like perfect system OF
Jurisprudence law must be the perfection OF reason and,
! Will add, OF sound morals The morals pIecede
The law, and the law should be made TO sustain the
morals II il is morally wrong do this thing,
tell the House and the country that il is wrong pass
law making legal offence. Ii it is morally wrong
pass the law, and make IL legally wrong II II is mol
morally wrong. pass no such law; for ii you do, you at
once make law and morals antagonists; you have them
running counter 10 each other. The gentleman from
Ohio Mr. BARREREl seems TO argue morals on the one
hand, and law the othef-hat what is right in law
wrong in morals, and that what is right in morals, is
wrong in law. He willing to justify MIR. Cor
wins connexon with the claim morally but he is wiliag
to make IL offence legally. cannot reconcile that sort
of Argument 1t reminds OF position assumed at one
period of time by Professor Hoffman. He wrote as long
ago 139sjusl two hundred years before the Virginia
resolutions were adop,ed-tha philosophy was the mortal
enemy OF religion, aud that truth divsibe into tUo
branches one philosophical and the other theological,
and that what was true in philosophy false in the
oogy, and pice Now, tie gentleman from Ohio
to occupy this positlon that that which right in
morals is wrong IN law, and that that which is right in
law, is wrong n morals | confess J cannot swallow
lhatpropostioA II seems TO me that morals should con-
Mr.. BARRERE. believe they have laws in some Of
the States that the citizens shall catch fish in certain
streams only certain Of the year. is, there
FORE legally wrong 10 catch fish in those streams at other
seasons but do not think that if there was such law,
it would be morally wrong.
Mr. JOHNSON. Ii might be morally wrong in some
places and in others That would depend just upon
The locality and the circumstances OF the Laughter
But the gentleman goes to justify Mr. CorwIa the
ground that the fee was contingent one Now, ex-
pcct they have got law his State that lawyer shall
take contingent fee IN other words that il lawyer
rngs suit Tor certain amount on condition that he shall
receive certain proportion OF IT, ne shall be stricken
from the roll OF lawyers They would find him guilty OF
champeriy.
Mr. BARRERE. The gentleman has misunderstood
me- did not take the position he supposes with regard
TO the fee being contingent one
MIR. JOHNSON. ] think the gentleman will find il
difficult understand his position when he
on paper la the States consider champey immoral,
and pass laws making 1t legal offence, because II is
immoral We say that It's morally wrong Tor man 10
go about getting up suits in neghborhood, and taking
contingent fees, and pass laws TO punish him. But
the gentleman tells me, with his profound understanding
of theology and philosophy that taking contingent lee
IN claim against the government Us different thing from
taking contingent fee before court OF justice
Now, ii champerty is immoral IN the States, and pun
habe offence under State laws, ask how, in the name
of morals and common II becomes Hght and moral
in secretaries members OF Congress- and other persons
here Such is the state OF things here, that practices
which considered immoral IN the States, and
sequeny made indcabe offences. be pracused with
perfect mpuniy here, and must inquire into them
II is time that we had arrested this thing The attention
OF the country directed it, 1t is high tine that the
indiscrminate pundering which going on about the
departments, and about this Capitol, was put stop to.
Sir, have not time 10 go into the testimony in this
had inte nied 10 have done But you will find,
looking the whole OF il, that The shrewdly
anticipated by Dr. Gardiner and his coadjuors. lie
the various conventions, and the claims against the
Mexican government he saw the difficulties thicken-
ing that would be the result; that peace would
be made, and that the government would have TO
indemnify citizens; and he commenced with Mrs
Chase, Mr. Larned and others, making up basis upon
which this spurious claim. he carried on the
shewdIy until he succeeded getting before the
commissioners. II fraud, aud fraud by which
large amount of money has been extracted from the
treasury OF the country and the recipients OF the mo3ey
thus suduenty extracted, should restore back 10 the
coolers of the treasury II they are honest men and men
OF sound morals.
But, upon further examination OF this case, find
the witnesses differing with each other IN their statements
OF facts Nit Payne, who one oi the commissioners,
says that they suspected Il was fraudulent case iron
the beginning and tina, excited the closest scrutiny
Wka does Mr.. + w Johnson who was secretary to
the board say He says that the commissioners aus-
pected the case and that Dr. Gardiner called in again
and again, and that his counsel were called upon 10
oil lime after time VINO were his counsel Why Rob.
er g. Corwin and Thomas Cotwn. The board suspected
that it fraudulent the secretary ol the board
suspected il but these gentlemen dd not find out; and
TX. q Iorwn sweaFs ne never knew OF II Oeng suspect
ed u suit had been brought against DR.. Gardiner The
inference is that they either did fad il out that Mr.
Cown has credit for ssgacy and talent than be Is
! entitled 10. The gentleman from Ohio pronounced
splendid euogy upon Mr. Corwin yesterday, and spoke OF
him being OF great and shining talents and OF
gigantic intellect; and yet with all his sagacity and
experience and knowledge OF men, be failed TO find
out that this WAS a fraudulent claim The committee, by
saying that he$ad knowledge OF IT'S being lraudu
ent claim, say that he man OF extraordinary ob,use-
ness and is entitled credit for sagacty. He either
knew that IL fraudulent claim else was too OBJ
tuse 10 find il out II DR.. GARDENERS counsel tailed
TO discern that the claim sheer fabrication, from be-
ginning to end, II argues but little for their heads and de-
tracts much from their reputation Tor talents and ssgaciy
and il they had TO believe that the claim spu
rous, and sustained by forgery and perjury il makes
them parties 10 the whole ansacon-equally criminal
with Gardiner himself, and deserving the whitening
dennalion OF outraged and betrayed people. The
ieman may take either horn OF the dilemma. w. +.
johnson says that the counsel sent for again and
again TO explain the claim So far the other witnesses
are concerned, you might 20 still further. Mrs.
Chase and General Waddy Thompson to be at issue
10 their testimony Mrs Chase says that General Thomp
son u mistaken alrhutng certain expressions 10 her
IN relation TO DR. Gardner that she made use OF
them.
find that my houfs within few minutes OF benD
out, which will prevent from more minute exami.
nation OF this case; but cannot conclude without
king an earnest appeal to the Hoase to forward
and sustain this bill, step towards arresng and
condemning this system OF high handed plunderng and
swinding, which has been and is being, carried on,
about Congress and the various departments OF govern
ment Sound morally common honesty, Justice, an
pyl al lraao ,kata