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

been made by to the result items on which al
opinion had been expressed to the jury by either Of h
estimate presented by OF the the United
States BY which that according to the opinion
Judge hopknoh there would be due TO the defendant bal
exceeding forty eight thousand dollars and to that
the presiding judge say xyve thousand dollars exclusive
OF interest commission discount &c inclusive also OF many
large items of claim credit and objections to charges
made by the defendant which neither judge gave any
opinion but which were submitted generally the jury
the law and the evidence which applicable them Tc
this extent objection made to the verdict
sstent with the charge Of the court but it Is considered BY
the plaintiffs counsel the beyond which the ury
could not go, with the addition of interest commission &e
facts in evidence"
The judges still continuing discuss the evidence before
them, finally came to this conclusion
The PRESIDENT pro temPore The Chair must an
that the hour has arrived for the consideration
the special order and il must be taken up unless dispensed
with by vote of the Senate
Mr.. BENJAMIN This is q private bill .....,
The PRESIDENT pro tempore The resolution adopted
On the 10th of January is in these words:
THAT for the residue of the present session the private
bills on the calendar shall be special orders of the day
Friday OF each week. at twelve O'clock in the order which
they stand on the calendar"
Mr.. BENJAMIN. This is a private bill
The PRESIDENT pro tenlpore. The Chair understands
it be his duty to call for the special order unless it dis
pensed with by a vote Of the Senate.
Mr.. BENJAMIN. This is a special order
The PRESIDENT pro tempors. This bill is not on the
calendar Is I.
Mr. BENJAMIN. 1t ought to be on the calendar on the
motion for reconsideration move to postpone all prior
orders for the purpose of proceeding with this bill
Mr. STUART. think we ought to havea understand
ing OF this point suggest to the Chair that motion
for reconsideration, being privileged question under the
rules when IL is taken is privileged every other
question except one which affects the right of member
seat here and overrdes every special order unless the
Senate lay it aside This point is important in this
because the Senate may by vote dispose of the bill
if they chooe submit to the Chair that this is the par
iamentary rule which governs all proceedings here
This is privileged question: and when taken up it over
rides every special order until it is laid aside WI.
Mr. COLLAMER. The motion for reconsideration is
privileged but that has been passed, and the ques
tion is the bill. .0
Mr. STUART grant that if the vote had been taken
on the motion to reconsider and the Senate bad stopped
the consideration of the question there il would have lost
its character but as long you continue before the SEN
ate the business which the subjecmatter of reconsd
GRAFTON, it retains its character of privilege
Mr. BIGIER. That is the rule undoubtedly
Mr. COLLAMER. cannot think So ..-
The PRESIDENT pro tempore The Chair will put the
question in whatever form may be preferred by the Senate
Mr. BUTLER. am not very familiar with what may
be called parliamentary questions and can but look at
this matter in point of view and that far
mon throws its light it, privileged question
to reconsider understand but after it is reconsidered
to give this large claim preference all Others do
not understand The parties have had their opportunity
already and think they ought to be very well satieed
when you open the door to let them have their case
considered again but think the Chair is perfectly right
in saying that if the reconsideration be privileged ques
cedence over the whole calendar
Mr. BRODHEAD, suggest to the senator from Louis
lana that we take the vote now We prepared for it,
Mr.. BIGLER Although agree with the senator from
Michigan in the view he suggests although think this
was privileged question when taken up and remains
privileged until disposed ofthough that Is fair inter
preta9n OF the rule yet II not to to vote
shall make motion to postpone all prior orders for the
purpose of proceeding with the bill
The PRESIDENT pro tempOre. The Chair will decide
that motion to reconsider is the only question in this
instance that is privileged. When the reconsideration is
made the subject reconsdered takes its place with the
ordinary business of the Senate.
Mr. BENJAMIN Then I rencv my ,u,tion Ia noa+nona
all prior orders as to close the consideration of the bill
(H R. @. G. No. LAY for the relief of Mary Reside
The motion was agreed to. '.-" -'.
Mr.. BENJAMIN. | was going on Mr. President to call
the attention of the Senate several passages in the opin
ion of the judges before whom this tred-udges
of the courts of the United States Judge Baldwin says
In this case have the conclusion that the YER
dict rendered which, under all the circumstances of
the case, ought not to be bed Without being salts
parties negatively that injustice been DONE am never
theles satisfied that the result approxmate
another trial. Both parties appeared to have produced all
the testimony which accessible to them There 40
in which the controversy began It has been long
sive, and harassing There reasonable ground for
fsetory to either party, terminate more con
dueve to the ends OF justice than the present has done 1t
could be seeeedthere certainly cannot be patient
attentive than they of great difficulty and
and agreed result which attributed passion
prejudice or any iproper has Before setting it aside
there should be clear and full conviction that some
substantial reason for trial has been made APP
parent, the burden of which is the party objecting
to it, and in my opinion, has not been made cut Every
presumption should be in favor of verdict in doubt
OF saeh nature this, and entangled by
sua circumstances of in adjusting accounts
long standing complicated which party
kept correct books Of entry and the other kept As
dict according to the opinion expressed by the judges
jury to be truly made there other which were
left to them either specifically generally, which they
might allow to the defendant amount sufficient With tho
addition of interest make up balance found and have
found larger without traneendng The limits prescribed
by charge the rules of law, deciding any item
without such evidence would have supporedit demur
These views of the would alone suffice induce
not to grant trial. yet there others which have
not been overlooked All transactions between the parties
have ceased for than six am fully satisfied that
the verdict is subject to writ of the exceptions
taken at the trial. which will some perhaps much
lay" ...@ sa' a5 # =
We know that that writ of taken and that it
was not prosecuted by the United States successful
suit The Judge then says, finally; @ ..u
The defendant must appeal another tribunal for u
mate redress where the whole merits of his claim be
examined whether il will ought to be done does not
comport with my duty but innsmuch Congress
act this subject according to their discretion
controversy may be terminated whatever may be the u
mate decision OF future jures Of this the Supreme
On the WHOLE opinion is that the motion for trial
be overrued and Judgment rendered in the verdict"
Now sir after such trial this before such Jury be-
fore tribunal composed of judges appointed by the gov
ernmen the place of trial selected by the government
special statute passed directing the investigation of these
caimsafer the government has been defended by such
counsel as the record TO have been thereafter we
know the extent of time which occupied during the
trial. and the care and labor bestowed il by every officer
Of the government who interested in defeating this
caimt would be- my opinion the height of Injustice