Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-01-16

claims from the act OF limitations. 'rhc re.
port ofthc committee being read, which COLI
Guided with a resolve that il is cXpedicnt to \
open the act of limitations for the claims ia |
question,
Hr. GholSon hoped the committee would
not agree to this report. Information had
been received from the treasury department
stating in distinct and unequivocai manner,
that all this description of claims (Which,
were all liquiGated claims, such as indents of
interest. certificates, &c.) might be allowed
by the government, without danger of fraud
or imposition and said Mr.. G.. if Justice can
be extended to this description of claimants.
without danger, why should it be deferred.
only one solitary reason had been offered
that the persons really entitled to these claims
upon government might not get the money.
lie hoped this would not be sufficient to pre-
vent Congress from doing what was just OF
the occasion.
Mr. Clay (the Speakcr) hoped the com
| uittec would disagree to this resolution. 1t
appears that the officers of the treasury are
| OF opinion that provision may be made for
| this description Of claims without that dam
| ger'of fraud which might possibly arise frem
y total repeal of the statute of limitation;
| th;it their whole amount does not exceed
SOC, COO dollars, and the probability is, one
fifth will never be applied for, should they
be au'hoTisctlito be paid. What, said Mr..
Z. is this statute Of Limitations, which, when
ever mentioned in this House, seems to make
every body trcmble! Ii is 4 general rule
prescribed by the government for the direc-
ton OF its accounting officers in order to ex-
clade unjust claims. What are statutes of
limitation, rs applicable to individual cases?
y rule under which individuals claim pEo-
lection whenever they chuse TO DO so. and
when, from the lapse Of time, or loss Of evil
dence. they would be injured, were they not
to take this advantage. But in these statutes
ot limitation, there are always exceptions in
favor OF cases of disability, infancy, cover
tnre, insanity, absence beyond sea, &c But
what is the course which an individual would
take who found himself protected by sta
tute OF limitation He would examine the
Justice OF the Claim brought against him, il
the claim were just, If he hadbeen deprived
OF no evidence by the delay, if rs able to pay
1t as If 1t had been presented at an earlier
day, he will not hesitate to discharge the
claim, and scorn to take advantage of the
statute. And, said Mr.. c. shall the govern
ment be less willing to discharge its just debts
than an honest individual? Shall We turn a
deaf car to the claims of individuals upon go
verhrncnt because of this statute> He trust
Ell not. The committee of claims ought to
examine the merit Of every claim which
comes before it, and if it be just, decide in its
favor. But what, said Mr.. c. has been the
history OF claims, for four or five years past
| Whea a solitary claim was presented, the
ttouse would say, we cannot legislate upon
| individual cases. They occupy too much Of
our tine. The claim is put aside. The
same individual, some time after, appears in
company with others. We then say there
are too many of these claims-thcir amount
IS too large, and the treasury too poor-that
there are great many ether claims equally
weii toundcd--that justice cannot be done to
! them all. Sometimes there is division be-
tween the two Houses.-This House passes
a biz in favor of some particular claim-the
other tells you they will not legislate for par
ticilar cases; that if they act, they wish to
take mp the subject generally. Mr. c. said,
| it was his wish, both in his public and private
character, as far as possible, to do Justice !;
| ile therefore hoped the course proposed tv
the chairman of the committee of claims
would be agreed to.
! The resolution recommended by the report
| was negat:yed, 54t to 81 and resolution Of
tercd by Mr.. Gold, recommending provisi-
on by law for these claims, after some OBJ
Jections from Mr.. Aston, was agreed TO 40
to So.
| The committee then took up, on motion of
MIR. Gholson, a resolution which had been
| referred to them, directing an enquiry into
the merits of all claims referred to the COM
n;ttee Of Claims, notwithstanding such
claims may be barred by the statute of limi-
!tation.
After some observations in favor Of thisrc-
| solution by Mr.. Gholson and Mr.. Minor, and
against it BY aIr. Bacon, the committee rose
without taking aquestion uponit, and obtain
cd leave to sit again.
Adjourned.