The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-12

inquire whether independently OF that act there is any
thing In this verdict which makes IL obligatory The idea
of seof is founded upon mutual debts and the object
OF seo law is 10 prevent the necessity ofR multiplicity
of actions 1t therefore is essential to 1t that each party
may sue the other You cannot set of that which is not
the subject Of action and the petitioners testator in
this case could not the United States it not a
proper subject OF seo although IL is true If you look
into the proceedings of the court II would seem as If IL
| was 80 regarded. DIP. . ...sr.
Well sir what is the consequence Was this verdict
| 1t was the finding of eleven 1t tho opinion
which eleven entertained of the result of their nyes
tgaton--but was it Judgment If 1t was the defend
ant had the right TO enter up judgment upon but that
he did not do because he could do 1t by law
to me- therefore, that this finding affords evidence OF
anything except the opinion Of those that this much
was due. naa ..
have looked into the question have read the greater
part OF the testimony spent nearly whole day in in
vesugaDg it and the result of my examination was that
the United States indebted to Reside but how much
could not tell is there any possibility, unless
have the evidence before of deciding that
question. ' a -
What mainly designed to say now was, that voted
for this bill before when the interest struck Off not
because intended recognise this so-caed verdict
judgment which entitled to bear interest but because
thought the sum of SlS7000 was as near approxma
on TO the amount really due perhaps should be
able to to after such lapse of time voted for the
$l87000 after the interest struck off, under the belief
that that would fully and amply pay everything that the
United States owed to these parties merely to
plain the why if this bill is pressed and the
interest inserted, shall vote against it, -a ..s
Mr. BELL of New Hampshire. 4 am of those who
before voted In favor of the allowance of the principal of
this claim, but against the allowance of interest and in
order to yindcate myself far cam against all ap
pearance of inconsistency desire briefly state the
grounds on which now propose to change my former
ton, and vote in favor of the allowance of int rest
do not regard the certificate of the jury in this in
ned states sre mot snb;ect diractlv 10 an action ha
be indirectly subjected tc it in the form of set-o
which is mere cross action. Nor have any belief that
anv act II cpnld nass mr. in ,ba nonrer of fn ] bs
ap1eared at the trial bv hv thew coniS t
with or witbont tba of the cont ~
inrv m render What shonId ba In eject "aanant
AGAINST the JIn;tsa states II was On M snch nuS tSt
cast INV vote in favor of the alIowace of t af
bis claim hnt II was nnon thio ,,ro,nd sr that ~ IA
hare what scanned ~ me r. bo tair ma ibar, 100
of iurv Of tweve man If You n,so 60 70 all !, m b;h
Conclusion was mot to the Learned and able
pages who nres;dad al Tho tr;ai In S.ct 7 ,atd
ibaf bo.s ;udaes sajd an Tho motion for r ,i tbt
bev were by no means convinced that anv frber trial ~
the suit would arrive at more satstacory resnlt
This was the oropnS on which was in % yor of tho a,
owance of be nTincinaI Those WIN nrged tho oi,non
of ;ntsrsst bere Ala ae nnasrs,ood .h sa d;
son of this oneston on tho idea That all ndaants hsa
INTEREST as LEGAL conclns;nn To tbat osssntod mt t
be evipg this 10 he INDIGNANT or In ha nato ~ ;na
mant Was rather ;nciinsa IA CONSIDER th;s case m fps
within what was said to bo tho general nrncine eoHr
inc the action nf Congre.s and tSs oed ht
il that thev do NOT ordinarily allow interest On J i; %
against thar bava snca taIan occas;o 10 ,ooL ALI
eSaeiv over The somavbat docnmet n,
ed Win tb;s tra nsac,;on and an, oot;sSS nno @ @
patnn ~ The paura and cba of M ca ;ts 49,
ndenendenty of anv effect il coud have as indgnment
shnud hear intares sbnuld haar ,no,
idea that Il is claim not for the services Of The
Rees;de in carrying the mails ~ the ITnitad sate.
claim of bis for extra services perored FIR The
hut n ia a CLAIM, fnr service. a G
Rim as the agan of the oenaraI govarnmsnf in nrnc
for them fnnds In the 9orn NJ 1nonnu ond aaop r
suppose that il the naked question were nresen.d be
wbatbar an individual oc,ipg 40 the AGENT s tha ai
government and performng services Of such nara onS
character sboud he allowed interest mon monav Cd
vanced interest unon securities 6,rriabed which snc
themselves bore interest there copld be No aonbt in;
tepest was pronerIv allowable on such claim f' "
7 have fnrfber oropnd ON which an, sot.sfed tbot
interest should be allowed Il seems upon an eramna
ton of tbe evdence which has beon furnished Sat th
verv claim has been adudcaed nnon b the nronar a.
nartmpnt The Postmaster General cred;tad NJ Paos;S
nnon ,be hooks of that department with an amount
caeding the snm Iif Won maid intsrest that was ud
inc nto office he made charges debts aganst Mr. Reside
caocelnp this amount bui suppose none of ns has an
doubt that that was antborjzed-tbougb not On In:
proper act ON his part looking 10 his motives imnnte
to him no mnrondr motive in doing II bnt saw i, ns
wholly nnaniborised act When pn. bostp,a s,r cai
has giyen credit TO an individual for certain ann
vices nerfored as AGENT for made cosb ,rn;s
ed and securitie, nrocured by him for the
II not in the mower of his in Office oth
individual to cancel that credit or DESTROY its eect by
co,n tar charao - - - - - - 'N' ~ N' - =
This stands then 10 an odiudioated c,a,n,os o,a,
allowed by the department and standing in that
and we having the fact also before ms that il was NOT
claim for servic.snot claim Of an char
acer originally but claim for servces nerfdrmsd and ad
yauces made as an AGENT can entertain no donlt that
the claimant is entitled as much to the as to the
nrncne sbod have arrived ORIGINALLY al fhsf resIt
II had not Il far oranted thai the 1nest;on tnrnad
on the fact of this being a Judgment obtained bv him
against the United States in which confess never had
any faith or belief " ) a0 80,
Mr.. BENJAMIN. desire to say very lew words on this