the bill now
before me on account of these claims 152 represent the owners of ships
and their cargoes and 186 those who lost as insurers of such vessels or
cargoes.
These insurers by the terms of their policies undertook and agreed
"to bear and take upon themselves all risks and perils of the sea,
men-of-war, fire, enemies, rovers, thieves, jettison, letters of mart
and counter mart, surprisals, takings at sea, arrests, restraints, and
detainments of all kings, princes, or people of what nation, condition,
or quality whatsoever."
The premiums received on these policies were large, and the losses
were precisely those within the contemplation of the insurers. It is
well known that the business of insurance is entered upon with the
expectation that the premiums received will pay all losses and yield a
profit to the insurance in addition; and yet, without any showing that
the business did not result in a profit to these insurance claimants,
it 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 gratuity--payments
as of grace and not of right."
The appropriations to indemnify against insurance losses rest upon
weaker grounds, it seems to me, than those of owners; but in the light
of all the facts and circumstances surrounding these spoliation claims,
as 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 appropriation in favor of Charles P. Chouteau, survivor, etc., of
$174,445.75, 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 $386,000. He was paid this sum and $210,991 for
extras, and in May, 1866, gave his receipt in full. The assignee of
McCord in bankruptcy assigned to Chouteau and his associates in 1868
all claims of McCord against the United States for the precise extras
for which he had receipted in full two years before. Chouteau brought
suit in the Court of Claims for such extras and was defeated. I can not
gather from the facts I have been able to collect concerning this
appropriation that it is justified on any ground.
In 1890 my immediate predecessor vet
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