The Indianapolis journal., 1896-06-07

inemorialists and petitioners ought not TO be
granted In 1872 and again in 1894, adverse
committee reports on the subject were made
to the House, concluding with similar reso-
lutions. The presumption against these
claims arising from such unfavorable re-
ports and resolutions. and from the failure
of Congress to provide for their payment at
a time so near the events on which they
are based, cannot be destroyed by the inter-
ested cry OF injustice and neglect of the
rights of our citizens
Until 1876 these claims were from time to
time pressed on the attention OF Congress
with varying fortunes but never with favor
able legislative action. In that year, how
ever, bill was passed for their ascertain
ment and satisfaction. and 100000 was ap-
propriated for their payment This bin was
vetoed by President Polk, who declared that
he could perceive no legal or equitable
This veto was sustained by the House OF
Representatives. Nine years afterward, in
1856. another bill was passed similar TO the
one last mentioned, and appropriating for
the settlement of these claims like sum OF
money. This bill also vetoed Presi-
dent Pierce concluding a thorough discussion
OF its merits with these words: In view OF
what has been said there would seem to
be no ground on which to raise liability of
the United States unless ii be the assumption
the insurer and guarantor of all claims
or whatever nature which any in-
dividual citizen may have against a for
by the House of Representatives. / think
II will be found that in all bills proposed for
the payment of these claims the sum to
exceed five million dollars.
1T is now estimated that the claims al
ready passed on with those still pending for
amount to s25, 100000. This indicates either
that the actual sufferers those nearer to
them in time and blood than the present
claimants underestimate their losses or
that there has been great development in
the manner of their presentation. Notwith-
standing persistent efforts 10 secure payment
from the government and the importantly
ever been made for that purpose except a
little more than sl.300,0Oo, which was placed
in the general deficiency bill in the very last
hours of the session of Congress on March,
3, 1891.
'In the long list of beneficiaries who are
provided for in the bill now before me on
account of these claims, 152 represent the
owners of ships and their cargoes, and 1s6
those who lost as insurers Of such vessel or
cargoes. These insurers. by the terms of
their policies, undertook and agreed to bear
and took upon themselves all risks and perils
of the seas-men-of-war. fire, enemies.
rovers, thieves, jettyson, letters Of mark and
countermark. surprisals. takings at sea, ar
rests. restraints and detainpents of all kings.
princes or people of what nation, condition
or quality whatsoever. The premiums re-
celved on these policies were large and the
losses were precisely those within the cor
temptation OF the insurers. Ii Is well known
that the business Of insurance Is entered on
with the expectation that the premiums re-
ceived Will pay all losses and yield profit TO
the insurers in addition; and yet, without
any showing that the business did not re-
suit in a profit TO these insurance Calm
ants, IL is proposed that the government
shall indemnify them against the precise
risks they undertook. Notwithstanding the
fact, that the money appropriated is not to
be paid except by way of g$atuity payments
as of grace and not OF right The appro-
prations TO indemnify against insurance
me, than of those of owners, but in the
light OF all the facts and circumstances sur
rounding the spoliation claims, they are
called. none of them, in my opinion, should
be paid by the government.
Another item in this bill which seems to
me especially Objectionable is an appropria-
tion in favor of Charles p. Chouteau, sur
vivor, etc., of Sl74,4i5.75 In full satisfaction
of all claims arising out OF the construction
of the ironclad steam battery Etlah. The
contract for the construction of this battery
was made by the government with Charles
w. McCord during the war. and he was to
be paid therefor the sum of 1886, 900. He was
paid this sum and $2l099 for extras, and In
May 1854, gave his receipt in full The as
signee OF McCord In bankruptcy assigned tc
of McCord against the United States for the
precise extras for which he had receipt ed
in full two years before. Chouteau broashi
suit in the Court OF Claims for such ex'
tras and was defeated. cannot gather from
the facts / have been able to collect con.
cerning this appropriation that it Is justified
on any ground. In 1881 my immediate pre-
decessor vetoed a bill allowing the matter
to be examined again by the Court of Claims
If the additional payment proposed In
in question would be almost double that OF
the contract price.
"I have determined to submit this incom.
plete presentation OF my objections to this
bill at once, in order that Congress may
act thereon without embarrassment, or the
interruption Of plans for an early adjourn.
ment- GROVER CLEVELAND."