The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 79
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CONGRESSIONAL GLOBE.
n
without amendment, and with a recommendation
that it do pass, the bill to refund the balances due to
the State of Massachusetts.
Mr. BARROW, from the Committee on Military
Affairs, reported a bill for the relief of Mary A. P.
Zantzinger, widow of Richard A, Zantzinger, de-
ceased; which was read, and ordered to a second
reading.
On motion of Mr. WOODBURY,
Resolved, That the Secretary of the Treasury be directed
to report to the Seriate whether the receipts, during the
months of November and December, 1(344, have been equal
to the cfurrent expenditures within them*, giving, as near as
may be, tlie amount of receipts and expenditures in' each
month separately.
On motion of Mr. BREESE, ■
Resolved, That the Committee on the Post Office and Post
Roads be directed to inquire into the expediency of estab-
lishing a post route from Olney, in Richland county, to
Louisville, in Clay county; and thence, by Nicholasville
and Ilnolds, to Vandalia, in Fayette county, in the State of
Illinois.
On motion by Mr. WHITE, it was
Ordered, That the petition ofSeth M. Leavenworth, pray-
ing for the payment of balances due him on a contract for
carrying the mail, be taken from the files, and referred to
the Committee on the Post Office and Post Roads.
Mr. CRITTENDEN, from the Committee on
Military Affairs, reported back without amendment,
and with a recommendation that it do pass, the bill
making compensation to Joshua Shaw, for the use
of the percussion caps and lock invented by him.
The following resolutions submitted by Mr. Ben-
ton on Tuesday last were taken up, and adopted,
viz:
Resolved, That the President he requested to communicate
to the Senate a copy of the letter of Air. Shannon to the De-
partment of State, communicating the note of the Mexican
Secretary of State, in relation to the payment of tho April
and July instalments of the Mexican indemnity to the agent
appointed by the United States to receive the indemnities
under the convention of 1343.
Also, to communicate to the Senate the name of the agent
appointed to receive said indemnities, and the security, if
any, which may have been taken for the faithful perform-
ance of his duty, and the terms and conditions of his ap-
pointment.
Also, whether said agent has communicated any informa-
tion to the authorities of the United States in relation to the
non-payment of the instalments of the said indemnities d^e
in Apriltand July last.
Also, to communicate to the Senate a statement of the in-
demnities actually paid to the United States agent, with the
date of such payment to him, the date of the receipt of the
money so paid at the treasury of the United States, and a
statement of the costs and charges made and allowed against
eucli instalments before paid to the claimants.
Resolved, That tfce President be requested to communicate
to the Senate a copy of the report made to the engineer de-
partment en military defences of the country, by Lieutenant
Halle'ck, of the corps of engineers.
Mr. BENTON, on leave, introduced a bill for the
organization of a company of sappers, miners, and
pontoniers; which was read twice, and referred to
the Committee on Military Affairs.
Mr. B., also, from the Committee on Military
Affairs, reported back without amendment the bill
for the relief of Bent, St. Vrain and company.
The adverse report in the case of Thomas A.
Russell was concurred in by the Senate.
The bill for the relief of Mary Reeside, the ad-
ministratrix on the last will and testament of James
Reeside, was taken up as in committee of the whole
for consideratien.
This bill proposed the adjustment of the great
Reeside claim upon the government, founded on
the award of one of the circuit courts in Pennsyl-
vania in favor of the defendant, and to a large
amount in a case of suit brought against the great
mail contractor, James Reeside, for an alleged bal-
ance due by him to the government on the state-
ment of accounts made by the Post Office Depart-
ment; the reference to be of the evidence, facts, and
vouchers brought out on the trial, to one of the gov-
ernment auditors for examination and adjustment;
in conformity with whish the Secretary of the
Treasury was required to pay the amount of his
award.
Mr. MERRICK called to the recollection of the
Senate his opposition to this bill when it was up
last session—an opposition founded on the assur-
anees of the Post Office Department that the accounts
c of Reeside had been audited and settled ac-
1 cording to law; and that upon these accounts, so
far from any balance being due to him,
he died considerably in debt to the government. The
existing laws which control the "department were
complied with in this adjustment of the accounts,
and the Post Office Department having decided that
there was not only no claim upon the government
in respect to this case, but that there was a large
balance due to it by the claimant, he (Mr. M.) felt
himself compelled to enter his protest against the
course proposed by the bill. He objected to ma-
king any such admission as the bill would imply,
that there was any claim whatever—for he wholly
and totally denied that there was any. Yet, is the
face of this fact, if the bill were passed, there would
be an award in favor of the claimant.
Mr. TAPPAN thought the proper course would
be, after the statement just made, to refer the bill to
the Post Office Committee. The Senate would thus
have the benefit of that committee's investigation
and report, as some guidance in acting upon the
measure. He considered that committee as com-
petent to judge of the merits of the case by a Care-
ful examination of the grounds of claim, as
any other committee; and from the nature of its in-
tercourse with the Post Office Department, it would
have facilities within its reach for the investiga-
tion.
Mr. BUCHANAN said he understood that this
was the very bill which passed the Senate at its last
session by yeas and nays, and by a very considera-
ble majority. His friend from Maryland [Mr. Mer-
rick] was always pertinacious when he believed
himself to be in the right. He (Mr. B.) thought,
however, that it was only necessary to state this
case to the Senate in a few words, to induce them to
come to the same conclusion that they did at the
last session. Was there ever a question so peculi-
arly adapted to be referred to an independent and
disinterested tribunal, as this? The Postmaster Gen-
eral, it seemed, had taken up some prejudice against
this claim, whether founded or unfounded. He is
the high party upon the one side; and the Circuit
Court of the United States, after a most laborious
and painful examination, which lasted for six
weeks, before one of the most competent and search-
ing judges that ever sat upon the bench of the Su-
preme Court, came to the conclusion that there
was a large amount due to James Reeside ; and
the verdict of the court was according to the
charge recorded. Now, would the Senate refer the
claim of any citizen of this country, sustained by the
opinion of one of our high courts, to an officer of
tliis government who had already predetermined
against the question of claim? What justice would
there be in that?
There was the Postmaster General upon the one
side—and he (Mr. B ) entertained great respect for
that officer—who had prejudged this question; and
here was a different tribunal, after hearing all that
could be alleged on the part of the department: and
now, on this late day, after the Senate had already
decided upon the adjustment of the claim, it was
proposed to withdraw it from the Judiciary Com-
mittee, and have their judgment re-judged by the
Post Office Committee. Surely the Senate, in his
humble judgment, would not pursue this course.
To whom ought the claim to be referred? To that
officer of the government who, above all others, is
distinguished for holding the purse-strings of the
treasury tight—who has never suffered a dollar to
go out of the treasury, unless the justness of the
claim has been well established. In referring it to
him it is not referred to any officer of doubtful cliar-
aeter—it is not referred to any officer who might be
swayed by feeling, on one side or the other; but to
one who will be governed by principles of strict jus-
tice. Now, as to the idea of a committee of Con-
gress entering into the examination of this claim—if
they were to devote all their leisure time to it be-
tween this and the adjournment of Congress, it
would be out of the question. It took the circuit
court six weeks to investigate the case; and now,
after a full discussion of its merits last session, and
the report of a committee the present session, it is
proposed to defer it still fujther, by referring it to a
committee acting upon the information of a depart-
ment known to be hostile the claim itself. AH he
(Mr. Buchanan) asked for this poor widow wa3
strict and impartial justice—such as was meted out
by Peter Hagner to every claim presented before
him.
The question was then taken on Mr. Tappan's
motion, and it was decided m the negative.
Mr. MERRICK taking it for granted that his
opposition now would be as unavailing as it proved
last session, proposed an amendment to the bill, the
purport of which was to secure to a person named
Williams, §5,000, advanced byliim to Reeside, on a
draft upon the Post Office Department for that
amount, dated 18th April, 1835; but which the dfc-
partment refused to pay at maturity, on the grounds
that Reeside, the,drawer of the draft, was indited to
the government. The amendment would, in the
event of an award in favor of the claimant, secure
by an act of justice, the payment of an innocent suf-
ferer.
Mr. HAYWOOD remarked that he had a motion
to submit; which, if successful, would supersede the
necessity of the amendment proposed by the Sena-
tor from Maryland. ,His motion was to substitute
for the bill now before the Senate, the bill which ac-
tually passed the Senate last session. It would
be in the "recollection of the Senate, that when
the subject was then up, the biH reported by the
Judiciary Committee—the same in substance as that
now under consideration—a very strong and suc-
cessful opposition was made to it on the grounds
just urged by the Senator from Maryland. After
considerable discussion, the Senate came to the deci-
sion of adopting an amendment, the effect of which
was to change the whole bill, and it finally assumed
the shape in which it was passed. Instead
of authorizing the Treasury Department to
pay any amount awarded by the Auditor, the
bill which was passed directed the Third Au-
ditor to investigate the claim as urged by the
claimant, and also the grounds of opposition
urged by the Post Office Department, and to report
to Congress the result of his examination, together
with the facts and grounds upon which he should
make a specific award, if any—leaving it to Con-
gress, in view of the whole case, to pass such a
law as it should deem proper for the final adjust-
ment of the claim.
Mr. MERRICK, in view of the motion suggested
by the senator from North Carolina, withdrew his
amendment.
Mr. BUCHANAN had all this time supposed—
and he believed it was the understanding of gentle-
men around him—that the bill under discussion was
the same as that which passed last session. Indeed,
he had stated, in the few remarks he had made, that
it-was the same bill, believing, from what he had
heard around him, (not having read the bill himself,)
that it was the same. He now rose to say that he
had not any objection to the motion of the senator
from North Carolina.
Mr. HAYWOOD then made the motion to sub-
stitute the bill of last session in the form in which it
And the amendment was adopted.
On further motion of Mr. HAYWOOD, the
words "Fourth Auditor" were substituted for
"Third Auditor."
The bill, as amended, was reported back to the
Senate, and ordered to be engrossed and read a third
time.
The engrossed bill entitled, "A bill granted lands
to the State of Indiana, the better to enable that
State to complete the Wabash and Erie .canal from
Terre Haute to the Ohio river," tfext came up, and
Avas read a third time.
On the question, "Shall this bill pass?"
Mr. NILES expressed the pleasure it would af-
ford him to vote for this bill if he could do so in jus-
tice to himself or consistently with the principles he
had heretofore sustained. He had listened with
great attention to the arguments urged in favor of
the measure by the senator from Michigan, when
the bill was up last; but they had failed to convince
him that the purpose to which this grant of lands
was to be applied was a national, and not a local
State measure. He strongly objected to the bill on
the ground that it involved tho important unautho-
rized principle that it is the duty of this government
to aid, by grants of money or its equivalent,
the States in the construction of their works of in-
ternal improvement. He had not been able to per-
ceive in this measure any special grounds for its ex-
emption from the principle which he held, that the
general government had no power of this kind.
Had the proposition been to give the State the pre-
emption right of entering those lands at the mini-
mum price, for the purpose of aiding in the construc-
tion of this work, he should not object; but to donate
the lands was the same as to donate the money, the
proceeds of these lands, to the State of Indiana, for
purposes of internal improvement. All that had
been said in faver of this public work might be very
true; but it was impossible to divest it of its local
character; and if this case were admitted as a special
case, where was the limitation which could deny to
every other State a similar favor urged upon similar
grounds? The question was, whether Congress
could at all appropriate the funds of the government,
or, what is the same, the lands which form a part of
the source of its funds, for State purposes; and
whatever might have been his opinion in re-
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United States. Congress. The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session, legislative document, 1845; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2366/m1/95/: accessed April 20, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.