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

the of which cannot be brought before any court with
out It's consent There can DC no process 70
bring IL before tribunal But sir after II comes before
tribunal of lis own consent its sovereignty gone and II
is OF no more consequences in any court OF justice than
John STYLES or John Doe cannot understand this idea
OF Two narties tigant before tribunal where OF them
stands with desire force his claim to Judgment and TO
force Judgment TO execution to the extent OF the law and
then when The question is proposed him that the account
ba be stated on both SIDES he wraps himself up in his
sovereignty and says, will have no account stated
against me hold that there Is no sovereignty In courts
of Justice and when the OF the United States
sues one lis citizens body else for the statement OF
an account between them Of mutual demands and the de-
ndan pleads seto the cause must go to the jury ana
must be tried by the jury and the jury must find the bal
ance IL they had found it for the general government IN
this case we should sold out Mr. Reside to the last
farthing. TWAS against u.s.
could not pronounce Judgment upon the verdict they
could not give IL the force Of execution but the verdict
was valid the verdict was good the verdict was binding
Judge Baldwin said 1t was gooc verdict but ne could
not give Judgment against the United States upon It. why
sir suppose had submitted to arbitrauon-suppose we
had passed act Of Congress referring the claims OF this
gentleman to arbators the arbitrator could not give
Judgment against u.s. but they could find balance and
that balance would be binding honor and our
equity We might have refused to pay 1t just as long
we chose but the eye of morals it would have been
debt against us and should have been bound un-
der the obligations Of honor among individuals TO pay 1T
and pay interest upon IT,
saw again that il this bill stands as il comes before
us-and do whether the Court of Claims drew
the BILL any elsef it stands on this proposition
to have been due from him that he pleaded seof claim
ing that indebted to him. and not be TO u.s. that
jury fair and patient investigation, hearing the evil
dence arguments of COUNSEL under the direction OF the
Judges certified that the balance in his favor against
us and that upon that finding whether you call technical
ly verdict the award Of arbraors or what not upon
that statement Of the fairly made you going
10 pay the amount and pay the fair incident which attaches
to every arbitration and every award and every verdict
interest upon it'll am ready to vote for this claim hut II
YOU retain the amendment which declares this verdict
you
can vote this amount of money. have evidence IN
the world of the amount that due here except the lind
ing Of the Jury.
Gentlemen are afraid to trust this government in the
hands of jury That to be strange proposition
when have declared in the constitution OF the United
States that the right of trial by jury in all cases exceed
ing twenty dollars shall be nyolable That which VIC
have held up citizens as their great protecton, We
are told il no protection us DO not know that 1t is
material but feel bound to say, in answer to that sug
gesen that the trial of question OF accounton the
trial of any controvered matter OF fact 30 far as have
ever been able observe have had any experience in
courts of justice do not know OF any conyance that
has ever proposed by the wit Of equal 10 jury
would not give the verdict Of jury upon conroverted
question for the findings Of all the masters in chan
cery and all the accounting officers and all the auditors
and all the comptroers that ever existed Nor do be-
eve that jues have any prejudice against the govern
ment or any desire to treat it unfairly Therefore, say
again if this bill is 10 stand it originally did, au
ready TO vote for but if it is to be encumbered with
visoes which strike from under my feet the only founda
ton which can vote Tor IT. shall fa pack as before
and vote against 1t.
Mr. HALE. / wish to correct mistake which was
made few minutes ago. The honorable senator from
South Carolina Mr. BpTLER stated that the government
never paid interest aud than the to which alluded
the man did not get it, thought he was mistaken Witt
that candor which characteristic of the senator he go
the Journal and has put into my hands and it appears
in that interest paid from the time the demand
was made here will read the journal, which is very
brief:
itTbe Senate resumed in committee of the whole, thu
consideration of the bill Is No. 54) authorizing the ad
jusment and payment Of the claims OF William Hazzar
Wigg deceased for losses sustained by him during the
SOn motion Of Mr. De saussure to amend the bill by in
sorting in line ss after m the word s with legal inter
which was the time the claim was made here un Ter
stand .....
-" 1t determined in the airmativeyeas ~ nays
Those who voted in the affirmative are Messrs Atehison
Baldwin, Brodhead, Brooke, Butler Charlton Clarke,
aussure, Dodge OF Wisconsin, Downs, Fish, Fitzpatrick
Geyer, James, Jones Of Iowa, Mallory Mangum, Mason
Miller, Morton, Rusk Sebastian, Shields, Soue, Toucey
Wade, and Weller
thus recognising the principle, that the de
made here interest accrued. The verdict in tn
case now before rendered December g. l84l. tn
claimant then, under mistaken notion OF his rights, ap
piled the Supreme Court for process He did not get
He went to the department. and did not get relief there
In July l842only six months after the verdct--he ap
piled to Congress- and has been applying since
that by the principle suggested by the honorable senate
from South Carolina the claimant would get in this cas-
the interest which the amendment proposes with tn
exception of about months, and think for That small
difference he would not send the bill back to the House
Representatives . .. ...
Mr.. BUTLER The matter in issue between the senate
from New Hampshire and myself arose in this way
said that interest had bsen allowed from the date
the claim did not advert to the fact and really hat
forgotten it that interest allowed from the time of til
demand ia Wigs case. He, however, charged interest
Think have the paper before me--to the amount o
$3O000 from the time the debt duefrom $780, whe
his grandfather put board prson-ship but Con
gres5 only allowed him interest from the time the deman
was made--not from its date.
Mr.. HALE. That is all there is here.
fro BE CONCLUDED Next