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

States when they do allow it. six per Some States
allow ten cent Others six, five, or seven Is varied
in the different States Then where is the morals OF The
case2 II claim held by citizen of New York,
suppose this idea OF MORALS the government OF the uni
ted States would be acting immoray unless II paid him
per cent interest If it did not pay twenty per cent
interest on claim held by citizen of California, that
might be considered immoral There would be as much
justice in these rates OF interest any others for the
rule of morality If there be any In the should be that
whatever the money WORTH the debtor whose debt was
established ought pay interest at the rate which the cred
itor lost by not having bis money at the time when he
ought have had it, hold however, that interest is not
question of morals it is purely conventional matter
which each State regulates for itself .s.gg. t.ra
According to my views no government is bound 70 pay
interestand certainly at common law that is the only
principle deducibe except il is founded upon agreement
either expressed implied from the .psactop l. will
never depart principle in any vote which may
nave to give the Senate regards the allowance of In
don general principle Of that kind you open the door 10
the allowance OF interest at the caprice Of Congtesa
win be allowed by political avorsm 1t woad be all
lowed by personal hvorsm. 1t will be affected by
combination Of individuals appealing TO you that here is
widow, ORPHAN narrating other circumstance
having nothing under heaven TO do with the question OF in
erest the principle which il should be allowed.
abandon any general rule which should regulate 10
the allowance Of nterest-and know of which is
tangible other than that of agreement express m-
piedthe result is that its allowance n any case will be
matter Of caprice am Unwilling, especially in
pooal bodies to adopt of action of that kind
and therefore under circumstances have voted do
it by positive legislation under precedent law
which entities the party to it, land then II amounts to
agreement) by actual agreement expressed or implied
on the part Of the government
sha not attempt 20 into the reasons which satisfy
own mind of this distinction between the claims Of citizens
against each other and the claims of citizens against the
government into the relating to the principle
OF sovereignty It enough say that stch has been the
settled ruh in THE tonhtry that interest is not allowable
Congress in their discretion sometimes grant it but
think that discretion had better be limited by the prn-
/ hay 40 far aa m
it always will be- You might well assimilae the rights
of the citizens against the to the cases
individuals regards the duty of the eber The duty
Of he debtor Between individuals is to find the creditor
and pay him his money unless there is express place
stipulated for payment and even then, II the debt arises
sealed instrument the evidence OF not prom
issory note the debtor is exempted from the oblga-
on of finding his creditor and paying him. interest
against him. viii you establish that principle as
against the government which is trust administer
ed by fifty thousand officers and say that the govern
ment is to seek claimant to whom it owes debt or
who shall finally establish debt to be due to him, and
tender him the money the very moment is due There
as much reason to apply the principle
between the and citizens as there is to apply
the other principle to these transactions.
Now, sir what Is there peculiar in this case, which
should cope us to allow interest There is certainly
agreement allow it, There certificate of jury that
certain amount due TO this party That certificate
heard correctly The portion Of the opinion OF the court
beeh founded upbn In allowance OF Interest aid there
fore you compoundng interest against the United
S-..~r, .a ....a
Further sir confess thai. as regards the United States
am unwilling to take the verdict of jury proof suff
ent Of Itself for thepurpose Of establishing claim against
the government Certainly sc has heyef hitherto been
recognised az saar asctfhe i It is the correct doctrine
Of Claims throw oen The door and authorize any to
see the United States in any Of your circuit courts Il
the principle be sound in case it ought to be ound in
ALL There is nothing peculiar in the verdict OF this jury
that should ente to the weight which gentlemen claim
1t has been my fortune examine verdict that
dered against the United States before the Judge yho
presided in this case and by probably Just good Jury
as this was although not jury of the same State but Of
an adjoining The verdict to which | allude
was submitted to the Attorney General of the United
Sate and he could not find any in the charge And
yet when subsequently the be referred to
of the most distinguished lawyers of the country
der common agreement of the United States and the
other party and Investigated by him, the finding
the arbitrator directly the of the finding of the
jury under the charge OF the same court do not
to suppose from this fact that therefore this verdict
wrong. 1t may be right 1t may be wrong but when
established the Court of Claims that they
should investigate and take proof OF the facts On ali 6a
brought before them they however instead of taking the
proof in regard to this claim and having it established by
testimony, choose to substitute, under gross mistake
law, the verdict Of jury unauthorzedy taken in lieu
their own Judgment on the proofs. am unwilling to
cognise that gross mistake the part of the Court
Claims am unwilling, when We have constituted them
tribunal to investgate into facts allow them to delegate
their power to any jury whatever II they do in
one case they do it in another. am unwilling to
sanction the principle at all and yet that is the whole
basis on which the Court of Claims went They did moi
examine the case they did not take proof but they cub
sttued previous decision of jury which the Supreme
Court OF the United States had declared absolutely
void against the United States lieu of their own udg
men which should have been rendered the proofs sub
mitted by the claimant and by the government respect
lively.
Under these circumstances why should you allow inter
est What is there peculiar in the case2 There moth
ing more than in other claim There is where
claimant comes here with claim that when the claim is
established he cannot show you that probably it existed
for and If you allow interest in this case you must
allow 1T in all Others 1t proceeds solely the assump
on that the verdict Of the jury have been necesar
ly correct do not admit IT, have enough of hu-
mauity to know that in questions between the United
States and individuals the United States have chance
common chancefor justice, unless the mind to pass
upon the is mind that upon general principles
and requires distinct legal evidence of facts to justify
verdict claim Of the character and the same
set Of facts which, between individuals would be laugh
ed out of court might If the between indi
vidua and the United States have verdict of thousands
of dollars rendered against the United States.
Such is my experience l do not TO impugn the
morals of others but to say that do
orally look to transactions between the and
divduas with the scrutinzng aspect between in
divduas themselves There is a general feeling even
amongst honest and respectable men, that the
is nonenty, aud has plenty of money and that is
all right to get much you out OF Uncle Sam.
have Of intelligence who considered it rather
feather in their cap that they got money from the govern
ment which they could not get from individual under
the is IL well known that in gen.
era the is considered goose be pucked
and the who catch the most of the feathers
garded the smartest and most intelligent Is II
true In every against the government that where
there basis OF claim the disposition s to initiate be-
yond reason and beyond conscience which, against
individual the party would dare attempt 1t is
that principle of humaoityit is that danger-against
which you guard and this presume the only rea-
n alloU hp