The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-13
CONGRESSIONAL.

SONUNEcSlONA
Debate in &e Senate February g. 1857 in The Of Mrs
Mary Recside
Mr.. BAYARD Mr.. President think il probable as
stated by the honorable from South Carolina
BUTLER that the decision Of the Senate is oregone
cusoD, and therefore shall not tIespass their aeh
ton for great length OF thine TO express my views The
case hss COME up this morning unexpectedly to me- think
there danger in the precedent we are aboutto establish
and especially great danger If understood correctly the
argument Of the honorable senator from Louisiana, Mr.
BENJAMIN. Before noticing that, however, must beg
leave TO express dissent from the views OF the hOnora
BILE senator from Ohio Mr. PuGH appreciate the trial
by jury to its proper extent as much as any believe
that n criminal cases 1t is the great guardian of the ber
ties of the citizen in hs county, and of the subject in
England aganat the expressions of power believe that
in civil cases in tse general the verdcts of uries
mainly right But this is the FIRST time have heard
that jury proper tribunal to settle questions Of
count The honorable senator em Ohio may snppose that
men in jurybox taken msceiahe0usy from the commu
nity be able 10 settle items of account without calcu-
atiop and by conjecture arrive the result as would
be arrived at by calculation That may be mode Of
justice but 1t is rot mode Of justice which commends It.
self to my judgment NRs
Again sr think Congress have frequently determined
take the general of their acontbn they are not
willing to yield the general rue which applies this
government alene but to all governments that the sove
reign cannot be sued 1t is rule founded wise prnci-
plesone that has obtained in all nations In cases
know it has been abandoned in the local legislation
States and the right of suing the State has been given
but know certainly of State at
least which, after trying the experiment very speedily
aban 1oned it. Few States of the Union believe now at
low themselves to be sued rue 30 universal could not
be established in all nations and in of the States
this coniederac, there not sound for its
existence II the sovereign cannot be sued-which is
rule Founded general principles that need not
ment on, although might do SO ii it necessary
can reason why where the sovereign himself sues
you to the order OF things and say that udg
ent be rendered against him to any to which
the defendant may choose to go into the investigation
Such not the rule of the law between
individual plaintiffs and defendants without reference
sovereignty Ia England in ordinary cases. and in
States where the plaintiff Sues the defendant off
claim on his part but he set off only to extent su
cient to defeat the plaintiffs claim unless special statute
gives him authority to further The right going further
does not exist in many of the StaeI does
in majority. doubt whether, in any number OF DIR
States the law allows the defendant 10 obtain Judgment
against the plaintiff Each party is left to his right
OF action his substantive claim but to avoid injustice
the defendant is allowed in the country from which we
draw institutions in this respect we'll of
the States to set off couner claim extent sufficient
to defeat the plaintiffs demand, If the defendant hAs ND
other ground of defence but he is allowed TO become
the plaintiff in the action and rsc5ver Judgment Whether
the change Ct be re of law Iy the State Of Pennsy
wse change or not not the question here but the
question whether State legislation altering the system
Of the common law, bind the United States without
statute of the United States authorizing II. If |
heard rightly the decision Of the sapreme Court Of ths
United States In the cited the other day by the honor
able senator from Virginia. Mr. HuNrER their opinion is
directly the contrary They say that such certificate of
Jury given in this case in addition to their verT
dict for the defendant hnllity against the United
States That is the way read the SaoG 6f the court 1t
not decision On tks point grant 1t is only dctum
but it u eum OF the court of last resort in this
try. 1t is dictum laying down a safe and wise rule
which hope will be adhered to.
What is the result ofa contrary doctrine? If the United
States man in one State which has not pleased to
alter the common law give the defendant the right
to turn plaintiff and whatever be can prove In the
action TO be due to him. the verdict will simply pc for the
defepdant and IN anoher State the verdict VIII against
the United States for certain Rt Thus it will depend
State cgstioH ~ tie different States where the United
States see Individuals, whether there be verdict
against them or not think that would produce want
uniformity which would be exceedingly Injurious in
reference the transactions of the government an not
willing to encourage principle or that kind by admitting
the right under State egsaton of jury certify against
the United States. s.
For the purposes of this case therefore, consider that
certificate as legally nullity The only Judgment which
could be rendered the verdict for the defendant
dischargng him. but the certificate of the jury that the
United States indebted in much, hold to be a
nullity will look at it, however, always look
the evidence in claims presented to Congress- where with
out requiring legal proof if the mind becomes satisfied Of
the justice of the claim and that it is wiser and better
pay it. do Bat sir, every who knows nythng
of the reports of committees In this body and the other
Houseeyery one who knows anything of the allowance
of claims here knows that modes of examination
exceedingly detectives that what is called legal evidence
has hardly been produced here in support single
claim for which bill has been passed by Congress The
whole testimony is pdr and of the oosest character
Even the ordinary rules which adopted in judicial
tribunals for the purpose of weighing the authenticity
an affidavit-such requiring distinctive statement,
and tobiddng generality Of satementare entirely aban-
doned in our modes of investigation here.
This being feel myself at liberty when the facts be.
fore satisfy my Judgment that there is claim due
to vote for its allowance without requiring what court of
justice would call legal evidence sustain it; hence can
vote for the principal of this claim, because know the
facts to be- stated by the honorable senator from New
Hampshire Mr. BELL that the Postmaster General of the
United States who succeeded Mr. Barry did appears on
the record of this proceeding undertake to revise allow
ances which had been made by him to the estato Of the
present claimant think that usurpaton of power
the part of the Postmaster General think that revs-
ion Illegal and those items far as can Judge from
the proceedings in this formed the bulk of the
claim on the part of the defendant and the great
ground of difference beween the United States and the de-
ndans at the trial Those allowances ought be restored
perfectly willing if the claimants satisfied with it,
adopt the verdict of the jury that extent based
that general ground and pay the money allowed l
should be better satisfied however to refer this the
accounting officers of the treasury with directions take
the account and make the allowance of any sum which
was dsalowed by Postmaster General after having
been allowed by former That is the which
should prefer and if the pending amendment be rejected
shall probably make motion 10 that effect
With these views the evidence before me- vote
for the principal of this claim it stands but not for the
interest On the question of interest," there has been
every concede rule established by the action
of Congress In the general it has been the practice to
refuse interest II has been allowed grant, in special
cases but where be cited TO me OF the allow
of interest think find the records twenty
where interest has been refused by Congress.
Mr.. DURKEE. If the honorable senator will allow me
example. refer to the act approved July 2s 1854
thorizing the Secretary of the Treasury to pay John
Charles Fremont for beef purchased in California The
act Ia very short one, aud will read it: