The Leavenworth weekly times., 1878-03-21
BEN. VOLLADAE.
The Debate I'm the Senate upon his
Claim for Indemnity.


Mr.. INGALLS,. Mr.. President, / feel
constrained to vote for the amendment Of
fered by the Senator from Michigan, be-
cause understand that it is substantially
approved by the committee. In the report
that lies upon our table they adopt IS their
own report that was made by the same
committee to the Senate during the Forty
fourth Congress, on the 18th day OF Janus
ry, 1877, which concludes in the following
language:
Your committee, therefore, on both peinci-
pie and precedent, feel constrained, under
the peculiar and exceptional Circumstances
presented by this case 10 tecognize the ex-
lstence Of an obligation on tue psat OF the
Government TO indemnify the memos aitst
iOr whatever loss he sustained l0toush no
iault OF mis- own, by rrason OF Iodian depte.
dations wnls enSaeea IN & anspo .na nS route se
between the NJ issouii River and salt LAKE,
between tne-day OF September, A. ID.
1861, and November Is, A. u. 1860.
And l ask the special attention Of the
Senator from Wisconsin, who l believe has
this bill in charge, 10 the language that fol-
| lows, and ask him in the light Of that lam
guage whether this bill is sincere or not:
| Brt your committee are not willing that
| the value and amount OF property taken OF
| the loss suffered by the memorialist snoulu
be determined on eI pdufe afniavis aioue )
but believing that IL Is IA case wherein the
| right OF the ooverament can only De prop
/ erly pro 'ecied by an exercise OF the ptiSl-
iege OF fcross-examipation and by tnoiougn
| Investigation in a count OF competent Julis-
uictiOn, wherein the Government shalt De
| represented by counsel, and wherein not
/ only the light of cross-esaminlng lhe ciaim< =
/ ants witnesses, but also 20 call witnesses OF
its own. shall exist, your commiiee aeSine ne
| 10 grant the prayer OF memoi iallst, ana re-
fusss 10 fecom mend a direct appiOpi tation I,
but, Tor the reasons herein stated, would re.
fer line claims of menloriailst 10 the oyui. & VI
Claims for adjustment; and Tor sucn pur.
pose report back the accompanying Oi:l anu
recommend its passage, w,th, however, tne
distinct statement that nothing herein STAT
| ed snail be .arded IA rule or precedeni
fixing the liability ofthe Government 10 maiL
| cont ACTORS in any case wherein The peculiar
circumstances of this case as here'u present.
Now what wish the Senator from Wis
consiu or the Committee on Claims 10 meet
ia this proposition; whether, when they
said ,hey desired that this claim should be
thoroughly investigated by court Of COM
pe,ent jurisdiction, they were sincere or not
III that was their desire, i ask them how
thew can reconcile that statement with the
proyisions of this bill tina: refer this case tt
the Court Of Claims in the first place upon
the assumption that the claims have beer
established by competent evidence, and II
the second place that the amount ol
loss that the memcralist has sustained shal
; be ascertained purely upon er pute afhda
Wits now in possession OF the committee
and further wish them to explain thl
it is, il they regard this testimony as sum
cient TO establish this claim before IN
Court of claims, that they do not decide
themselves for there can be no question
that the jurisdiction and authority OF tn
. Committee on Claims in this body need n
enlargement TO allow them to take full cog
2 nizance of this matter and decide 1t accord
ing to any evidence they see ft.
/ believe that this bill is simply-wlthou
usine the word in any offensive sense-a
evasion that the committee are unwlllln
to take the responsibility that they desir
the Court of Claims to assume; that fror
= some reason or other they decline to tax
the responsibility OF ascertaining tn
amount OF Mr.. Holladay's damages and d.
sire some other tribunal to decide the que'
ton.
have known Mr.. Holiday for mol
thon twenty years. His history Is indisso
ubly associated with that part OF the coul
try where now live. His enterprise, h
energy, his great capacity is as familiar
a household word to every citizen of u
West; and have no doubt myself that
sustained very large losses Tor which he
Justly entitled to compensation. But II n
case is to be decided by the Court OF Claim
| insist that it shall be decided by the rul
of evidence. If it is to be decided by II
Committee on Claims in this body, l WI
yery cheerfully vote for any amount they 81
fit to report. The testimony is before ther
They ought to report the facts to the Sc
). ate, with the amount they believe he
entitled to receive, and allow the Senate
act upon it, and not. when they have sa
that they desire this claim to be thOroug
ly Investigated by a court OF competent J'i
isdictiop. TO come in here and break u
word of promise TO our hope by saylI
that that court shall adjudge it precise
upon the evidence that is already befo
the committee Mr.. President, that Is Il
sincere 1t is disingenuous; it Is cour
that the committee ought not to compel Il
Senate to vote upon.
The bill Is a very fair illustration OF
fiagrant injustice Of which this Cover
ment from its very foundation has bet
habitually guilty toward very wortl
class of citizens. Recognizing the existen
of contracts, admitting its liability to v
rious of its citizens, it has habitually :
fused to recognize the existence OF any tri
bupal where those claims can be proper
adiudicated. 1t denies it to the Court
Claims: and when they are submitted
the committees OF this body and OF the 9th
they are on various pretenses deferred ar
procrastinated until they become old, al
10. are then defeated because th'
are antiquated. Only the other evening
heard from the Senator from Indiana wi
usually sits at my right Mr.. VOORHEES,
statement that is very strong illustrate
of this injustice. A gentleman nam.
Vioo. about hundred years ago, when q
expedition Of George Rogers Clarke reach
the Mississippi river without forage or su
niles. in order 10 save that expedition fro
destruction. furnished his own person
bills to the amount of about 5000 to pr
vide them with subsistence. By reason
the supplies thus obtained the army "
saved and very large proportion OF o
western territory was secured to the Go
ernmept of the United States. MIR. vi
made application TO Congress and to Z
courts in hundred different ways for
lief. A county was named in his honor
Indiana. He died his children died b
grandchildren died and still the import
mites for Justice continued; and at Ia
50 about three wears ago, by reason OF I
efforts of the Senator from Indiana, some
the collateral descendants of one OF the 8
tiers Of Vigo obtained an order referring I
claim to the Court of Claims, waiving {
ouestion of limitation, and they there o
tanned the tardy Justice of the sum OF 50
w. 600 for that act performed nearly centu
before.
Mr.. President, can that be called anythi
but a crime? Is government that hab
ually performs such acts or refuses ]usti
in this way to its citizens entitled to consi
Grafton or respect? And, sir, in this ca
now before us Mr.. Holiday has been as
ing for Justice from Congress tor the Ii
ten years. He undoubtedly suffered gre
loss he il entitled to compensation; Il
Committee on Claims have had the ca
under consideration and why do they n
- report upon the facts and allow the Sens
to vote upon them? Why do they ask
to perform this travesty upon the name
Justice by asking that the claim may be !
, ferred to the Court of Claims and then sa
ing that that court shall decide this ca
upon precisely the same testimony that
e now before them.
Mr.. MITCHELL. Is that the propo
toni
Mr.. INGALLS,. Yes. sir.
Mr.. MITCHELL. Precisely the sar
l.. testimony?
Mr.. INGALLS,. Yes, sir.
- Mr.. MITCHELL. The only evidence
have before us is certain u pdrte afildavi
nd THIS bill provides in specific terms that a
L.. 10 <n-