The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-12
CONGRESSIONAL.
Debate in he Senate february 6, ls5ziH the case Of Mrs
.... .. . Mary Reside. .... Z.

Deodte III He oeHdte FEBRUARY q, Mrs
| . .. - Mary Reside. .. p.
Mr.. STUART. If there be no further morning business
move that the Senate proceed to the consideration of the
private calendar
Mr. BGLER. ask the indulgence o. the senator from
Mchgan TO make motion TO proceed to the consideration
OF what is properly private BILL which think not
the calendar which ought TO be disposed Of Ii has
been before us and been thoroughly considered and is
matter OF great interest to the parties concerned have
reference to the motion made by the from Connec
cut Mr. FosrER, to reconsider tho passing the bill
o the relief OF Mrs Mary Reesd for the purpose of bring
ing 1t before the Senate in order to dispose of It.
Mr. CLAf That will necessarily cause some debate,
presume, and probably consume the whole day.
Mr. PRATT l ask the honorable senator from Pennsyl-
vana whether 1t would be fair towards the other private
claimants that this privileged question should be called up
today2 understand that it is privileged question,
which the senator has right to call up any time any
day and therefore tomorrow any day which may suit
his pleasure he call up this motion and have the
taken on it. If It is taken now it will exhaust the day
discussion and the result will be that of the pr
vate claimants will have their bills passed upon.
Mr. BlGLER. Although am of opinion that this bill
ought not to be interrupted by any other private bill
the caendar-although think viewed in all its aspects
it OF that character which ought be disposed of at
once and think fayoraby disposed Of should be very
sorry to consume the day with it. know how anxious
senators are to dispose OF private bills to which their at
tentlon is constantly called and beg suggest that
whilst proposition to reconsider properly presents the
entire merits OF the question: the be not discussed
on the motion for reconsideration but let the bill be
taken and put in the aspect before the Senate which its
friends design and then il it leads to the kind of debate
apprehended by the senator from Maryland and Others
shall agree to fix day for its consideration insist
my motion to take up the question. "...
The motion was agreed to. q" a &c.. ..
The PRESIDENT pro tempore The question is on the
motion to reconsider the by which the Senate pass
ed the bill &C. O. No l3) for the relief of Mary Reside
Mr. TOoMBS Is the object of that motion in order to
move reconsideration of the vote the amendment
garding interest .-a ...s ......." a
The PRESIDENT pro ternpore. The present motion is
to reconsider the vote by which the bill was passed
Mr.. TOOMBS. Then will the whole bill be open, will
q he the
lar amendment 2 '." ...-. ." '.. ..I
The PRESIDENT pro tempOre The Chair will consider
that ii the Senate reconsders the by which the bill
passed. the bill will be before the Senate its third
reading
The motion to reconsider the vote by which the bill
passed agreed and the vote ordering the bill to be
read third time was also reconsidered.
Mr.. ADAMS, ! now move to reconsider the vote by
which the amendment was adopted excluding interest
Mr.. WELLER. Did the vote with the majority
Mr.. ADAMS. No; voted on the other side. cannot
make be motion.
Mr. TO0MBS. will make the motion to reconsider the
vote on the amendment in regard to interest
The PRESIDENT pro empore. The Senate adopted an
amendment striking out of the bill the words "wh inter-
est thereon from the 9th day OF December A. D. 1S4 and
IT s moved to reconsider the vote by which that amend
ment adopted
Mr.. HUNTER. We ought to have the yeas and nays on
this question, and ask for them withdraw the CALL
however and shall ask for the yeas nays on the
ton of interest itself .
The motion to reconsider the adopting the amend
ment was agreed to. a. =
the adoption of the amendment strike out the words
with interest thereon from the eth day of December Ammo
Domipi l84l." 1 @I.a ta
Mr.. PUGH voted against that amendment striking
out the interest before but my upon this question will
depend upon the disposition that made of the previous
amendment offered by the senator from New York GMr
SEWARD We have, according to the amendment adopted
his motion denied the validity of the verdict which
the bill is founded Of any consequence at ALL Now
agree If it is verdict it entitled to interest and will
vote to pay the interest it, but if the Senate insist
retaining that appointment which declares the verdict
nuity, then il Is an ordinary private claim and cannot
vote to pay interest .'.' y. .af s
Mr.. BlGLER | had intended to move a reconsideration
Of the vote the amendment of the senator from New
York. for the purpose of arriving at the object of the
tor from Ohio, regarding this BILL think it ought to be
regarded as making provision for the payment Of debt
ascerained by judgment against the United States gov
ernment 1t is evident Mr. President that when the bill
before under consideration at least three
tors misunderstood the character of this case they
mistaken as to the original trial Having ascerained that
it was trial under the law of 1885, providing for spch
and that all the issues fairly made up and the
judgment properly ascertaned feel required regard
it as obligation upon the UNITED States government
object of the friends Of the bill is to get it before the
Senate untrammelled, its fair merits in order that it
may be disposed of. a4 #eH....... .h M..| Hs. #
| The PRESIDENT pro tempore Does the Chair under
stand the senator from Virginia to ask for the yeas and
nays this auiendmentf = g. ... ~. .....#
Mr. HUNTER Yes SIR n# ".. .'
The yeas and nays were ordered.
Mr. TOOMBS On the vote which was taken before |
voted for striking out the interest inadvertently but
shall now vote in favor of retaining it, Having had
son fully to look into this doctrine clearly of opin-
ion that the interest due in this IL the prncpa is
due OF that have doubt II 10 clear proposition
This right has been asserted from ls4 until asserted
in the courts under special act of Congress in first
place. and then asserted in Congress and the parties
ally attempted TO payment by the extraord-
nary legal remedy of aadamas the treasury Then 1t
seems 10 me, that il this money due the time named
the interest follows necessary legal consequence as
an equitable consequence, just consequence. Ny
vote in opposition TO the bill before the ground
that denied the principle laid down by the Court Claims
As read their decision, it went to this That
dict obtained against the United States plea of a set
Of defalcation-which believe the of the in
Pennsyivaniawas record debt agaiugt the United States
That say, Ia not the law. did know how the par
ties might lose gain the merits of the case upon
which expressed opinion before; but lam strong
y OF opinion that IL has real and substantial merits Yet
my vote s to involve this great principle which the
from Ohio Mr. PuGH desirous of attaining by
as stated former occasion, certainly vote
for the BILL because that principle is not law. @ s.
We argued that point before and of my position on it
am and more satisfied but not satisfied that
this might not have been fairly excepted from that
principle under the act of 1885, giving special jurisdiction
In such cases. and IL the Court OF Claims had placed their
decision on that act should not be inclined TO quarrel
with IT, because think ia the first place, it might fairly
bear that Interpretation and in the second place. the
would then have stood su g and would have inVo Fed
principle ssnctonng the universal force Of judgments
obtained In those States which have defacaon set-o
laws As remarked to the senator from New York. on
The last debate II his amendment be stricken out shall
stand N the position Of affirming the general principle
by &c Court Of Claims which look upon as
wrong 10 sef ss4 Disastrous to the best interests of the
eopntry.
Mr. BRoDHEAD. Mr. President am not very we'll
today and therefore shall enter into the discussion Of
this question but the Committee of Claims who reported
this bill through the from Maine mr. FpssENpRs