The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-06


and the Senate decided il be not private claim al
though il had preyioy decided the whole of the class of
claims which has by the senator from Geor
gia To be private claiAs
Now, sir wish to M the attention Of the Senate for
moment o the thirAh rule and ascertain what its real
\ construction Is for, in my Judgment this is private
claim, and falls within the rule, and desire to be consist
ent in my votes TIE rule is in these words;
"So amendment proposing additional appropriations shall
made to carry out e provisions Of existing law or
some act or resolution previously passed by the Senate da
tee Of the Senate In of estimate from the
head Of some Of and no amendment shall be
received whose Object Is to provide for private claim al
Senate"
Now, sir this r,e establishes general regulation app
cable in its first aausc to all amendments of every de-
scripion proposing additional appropriations It. how
ever admits q certain exceptions The first Of these ex
psass.s appropr4tious ine .ss s-sr.@
"or some act Or resolution previously passed by the
Senate during that session. moved by direction OF
standing committee Of the Senate or In pursuance of
estimate from the head Of of the departmental II an
amendment falls within either of these exceptions it may
be presented And amendment shall be received
whose object is TO provide for private claim If it
stopped there would exclude the whole of the amend
mens which fall within these previous exceptions clearly
and it would mo- be in order to offer amendment pro-
vding for private claim although it might be made to
carry out the provisions Of existing law although II
might be made carry out the provisions Of some act
resolution previously passed by the Senate although II
might be moved by direction OF standing committee OF
the Senate or n pursuance of estimate from the head
Of OF the departments. say that If the rule
stopped there, amendment proposing to provide for
private claim would be in order, although it fell within
either of these exceptions The rule however does
stop there but it goes further and the whole Of this
| clause as it stands is in these wordss
Nc amendment shall be received whose object is to pro-
vide for private claim, although the may have been
previously sanctioned by the Senate"
Now sir this exception of private claims is universal
and the clause although the may have been previ
ousy sanctioned by the Senate applicable to only
whatever 1t would follow then, that amendment
be received whose object to provide for private claim
in any case cannot be received although il may be
made TO carry out the provisions Of existing law if
it comes strictly under the head or private claims An
ample may be ound very easily Suppose claim to arise
under the provisions Of general law in the settlement
of post Office account to the compensation Of
contractor under contract made with the government
and suppose that claim has been presented to the proper
department. and there rejected and then comes here to the
Senate Then il is private claim yet may be made
carry out the provisions of existing law but still
think it is excluded by this rule.
Now admit that, according to the statement of the
senator from Pennsylvania this claim does arise in
qucnce of treaty which provided for the payment of the
value Of this reservation the reservee and the amount
appears to have been asceaned What has prevented its
being paid by the proper department do know but
il to be Of those which
y coming here constantly referred to the Committee of
Claims but which are excluded by the rule from being
proposed as amendments to general appropriation bills
If it be not excluded by the rule then it would follow that
any amendment which provides for private claim may
be received in every whatsoever provided for by the
exceptions the general rule in relation all claims
whatsoever.
Mr. CooprR think if strict attention had been given
have been rasen which made the objection woald not
to be very clear tha this claim 4h2 i sesmSa smSap e
rule | said in some remarks which submitted
other claim before the Senate during the Of the
morning. that the object of that rule TO exclude private
claims from being considered during the pendency OF the
general appropriation bills because il not supposed
that the Senate in full session would be very compe
form estimate of the amount that should be
paid That doubt the substantial reason for the
adoption Of rule But here sir in pursuance Of the
treaty Of 1885 claim arises the amount of which has been
already fixed and fixed by the provisions of the treaty
itself The ascertained far back l843 and
all that necessary be done is authorize the depart
TO pay IT, with such interest may have accrued in
the time What would be the object Of sending this
claim to the Committee of Caims2 The amount is fixed
The committee would not gejnsay the report Of the COM
mssoners because there il evidence beyond their
port what the value of the reserved section of land
They appointed under the provisions Of the treaty TO
estimate TO value to speak properly the section OF
which this had been deprived by the act Of the
legislature OF Tennessee The manner in which the time
at which the valuation was to be liked and all the other
premnaes arranged and provided for by the treaty
and in pursuance Of it commissioners appointed
whose report file in the department and tina, fixed
the land The amount is fixed nothing is left to bs
certaned all that is TO be done TO sutorne the proper
department Of the government to pay i 70 the party en-
titled II seems that there is nothing clearer than
that il falls within the principles of the rule which has been
passed upon by the Senate during the session of to-day
! hope there win be no objection TO it
i The PRESIDING offlUEN The Ihar rs under the
impression that the amendment Is excluded by the rule
4 Mr.. BADGER l-wsh TO make remark and then sub
nit motion to the Senate think my friend from yr-
gina have seem by this time that the rule about
Guiding these private claims ofno practical value TO the
Senate and that the exposition of IL has occupied time
and given us more trouble than would be involved in the
determination Of the merits Of all the private claims which
have been proposed To be put upon appropriation bills
since the adopted. wish that he would consider
the proprey Of introducing proposition to rescnd that
rule 30 far excludes private claims recommended by
the standing committees Of this body. Having said this
desire to seize this favorable occasion TO submit motion
that when the Senate adjourns to-day, IT be TO meet on
Monday next
Mr. SIIDEI.L | hope that course will not be taken
The PRESIDING OFFICER. There il a question before
Senate updisposed Of and therefore the motion OF the
from North Carolina not in order except by the
unanimous consent Of the Senate BY unanimous consent
| the motion can be received and disposed of
i Mr. SLIDELL n the Senate adjourn regularly
from Thursday Monday consider IL equivalent the
rejection Of every private bill TO which single member Of
the Senate may object during the present session OF Con-
gress
! Mr. BRoDHEAD I wish TO remind the from
Louisiana that has been set apart for the
sdcration of adverse reports.
!. Mr. SLIDELL The for disposing Of them Is
equally strong.
The PRESIDING OFFICER The Chair understands
/ the motion 10 be objected to.
/ Mr. BADGER The senator from Louisiana opposes
the motion but he does not object TO It's consideration
now.
4 Mr. siIDEIL ! do not object to entertaining the
motion.
]. The PRESIDING OFFICER The Chair will put the
question the motion of the senator from North Caro-
i lima
] Tho motion was agreed TO-
NJ, nxI nj fbaE hair lcsfio at