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


the that Mr.. Reside kept books and the uni
ted States kept ncorec books This is the remarkable
statement Of the judge who tried the cause aet full
hearing of all The testimony Tie says the defendant
kept books, and the United Staies kept correct
books That being So turned my attention to she tst
mony learn something about this mans transactions
and about the man himself and ask the attention OF
the Setate for moment while read the testimony Of
Judge Mclean In fsspeet 10 hs and bis transactions
He says: r
To the first inerroQ atory answer that James Reside
during the whole time Postmaster General con
tractor to the mails Of the United States, and the
in the Union the largest and in point of energy
and he was not surpassed or believe equaled
ing at the head Of d Other contractors found him Just
I'd honorable in all his dealings With the Post Once Depart
ment There was no lp-s to whom could con1de al I'm
portant duty in mail transportation requiring
energy, with the same confidence as to Reeside.
Ia @ os .s ;a ns
knovedge Of book keeping but In transporting the mail
&c g. IL a !. the
knowledge OF him foe six years under very large contracts
If S.a @ ssa e
"3d In my to the first and sesna inter
have nnswsssa the .,n .hd !, Sui
trusts committed to him. and exemplary Ia the discharge OF
@ s @ H 20 tine 4 m is Ss
lie or th9 department The conduct of all the contractors
sers would follow any deSqaeney When want
ed of the bgReas energy and fahfuness selected
Reside ceased only saw him occasionally but have E4er
held hm in the highest estimation for the energy be
"JOHN MCLEAN"
This is the testimony of one Of the reputable men
in this country-a man who for six years was at the
head OF the Post Office Department. and knew Mr. Reside
Intimately. He places him above all other men In
the employ b the department for energy fahfulness and
honesty lie kept no books and the government KEEP, no
claimed small one against him The tnsa States sued
him. The from Louisiana has read what mac m
tended TO read land in doing he has saved me that
troube the opinion Of the ceurt az to the manner in
which that trial was conducted lased for several weeks
and the Judge says better ary could not haze been
ected more full examination Of the accounts could
not have been made; that new trial wopi furnish no
new ght that neither party had any further evidence
aud subsequent Statements obtained from Mr. Dundas by
the committee Of the House of Representatives, arms
the fact that the government has testimony TO eisr
Taken 10 connexon with this fact it must be recolccted
that the Post Office Department was burned SO that many OF
the ransa tons cannot be erreed out and again. not
only is the claimant dead but nearly AL his witnesses
are shown to be dead. ..aaaa l# ..a.s.s as
Now how does the government stand Here are the
facts in brief Is there any probability that this case can
ever be fully investigated, satisfactorily tried
II NOT then owe the amount OF the verdict we did
it the ite It aJcertsned and If the Court of
Claims instead of ng al Rey a. in this bill that they
find this amount beng in full for the amount Tue upon
verdict and Judgment thereon rendered by the circuit cot
of the United States for the district of
MIA had ssd that 1t is the amount equitably due upon
that verdict they world b been exactly right in my
I y,y,--
mot have been radically wrong in the Sw This being
the fact there is question In my mnd, that tie ihde
cdness of the United States is wei ascertained az 1t
CEN BE- is
Rgaiu It 1t was properly ascertaned at that time, there
is no reason why the 4erert should not pay interest
from that time to this agree that thi6 government pays
refuses interest according TO its judgment OF rs trDg
rightfuy due or not The history of the legislation Of
this county vil show that bill comes up and we pay
interest and the next comes up and we re use IL a.
properly a,ertaned be the balance due at that um
the evidence Il sui lent to show that the claimant from
that time 10 th has done all he could to get his money
in my oprn,u,, entitled to tie interest
single word in reference to this verdict and its erect
and have done have s.amiaed again the decision Of
the Supreme Court Of the United States in this very case
and there for cavil about it. Tsev decide as
plainly and pertneny the English language suscP
ibe of stating that this verdict was not deos oi
Baldwin did not render eny Judgment upon It, None was
rendered in the circuit court Of Pennsylvania up
OH it. The Court of Claims are wrong when they say
that il Is debt Of record Judgment against the Uni
ted Stte and matter of law concldsf7e THAT doc-
trine was repulsve to my notions OF constitutional law
that being unable to find any facts in the case on Ahlsh
coui predicate my opinion, originally voted against the
whole Subsequent investigation mas satisfied me tna the
claim properly and definitely ascertained as ever
States that ought have been paid ut that time and
therefore that it is but equity and justice in this case to
pay both the principal and interest
| Mr. WELLER. have only one remark to make on this
question. This bill comes recommended 10 by twelve
men, whose character hds been tuimpeached and who
under oath have examiaed the facts both Sides That
examination conducted in the presence OF one OF the
judges of the Supreme Court of the United States, who
carefully excluded from the consideration of the jury all
that he deemed illegal testimony say therefore, that
this is the finding of twelve under OATH Ordinarily
am compelled to vote bills in the Senate that have
only been examined by committee of six men who have
heard but side of Upon parts testimony
compelled vote thousands of dollars every day out
of the treasury. have respect for the judgment OF
twelve whose character is unmpeached when acting
,,.c
in the report of one of the standing committees of this body
| made up &c parte testimony That dsposes OF this
| branch of the case.
think the government ought to pay interest for the
| reason that honest man would be compelled 10 do
30; aud il is fixed rule Of mine that will always compel
this government to do what honest man ought to do
In other words if under these circumstances individual
refuse pay the interest he would be discarded by
his neighbos and would not be regarded respectable
man. and therefore, in giving my vote here, shall do 80
to compel the do what think the principles
oequy and justice would require of me in my individual
character. .ls
| The PRESIDENT pro tenpore The question is the
amendment strike out the interest
Mr. BGLER Those who are in favor Of allowing inter.
| est will vote "Nop
The question being taken by yeas and nays, resulted
| yeas Ii, nays 36-as follows:
/ YEAS-Messrs. Bayard, Biggs, Butler, Clay, Evans,
Fitzpatrick Hunter, Mason Pratt, Reid and Sdell-II
NAYs-~Messrs. Adams, Allen, Bell Of New Hampshire,
Bell of Tennessee, benjamin. Biger, Brodhesd, Brown,
Colamer Dodge, Douglas, Durkee, Fish, Foot, Foster,
Green, Hale Harlan, Houston James, johnson, Jones of
Iowa. Jones of Tennessee Nourse, Pearce, Pugh Rusk
Jersey, Toombs Wade, Weller, Wilson, and Yulee36.
So the amendment was rejected.
Mr. BlGLER the reconsideration OF the
vote the amendment Of the senator from New FORK with