Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-01-07

extended 10 the act ltScl. IT the ODlcc-
ton lay 10 the officer alone, Eir. Johnson
amendment would be an ample remedy.
For his part he thought that the law
ought 10 be construed with the most per-
feet liberality and he knew that the
commissioners had done all he could, TO
obtain the best information and advice
AS the war was common interest, the
expenses attending it ofeyery kind should
be borne by all i'll common, and those
who had not suffered by it should remu
nerate those WHO had-and this was die
tated not only by justice but by sound
policy, as i'll case OF necessity hereafter,
II would encourage the citizens toa. more
prompt and powerful defence, and be the
means OF bringing out the whole strength
OF the nation. Finally, he approved of
MIR. Jo.lnson's plan oi bringing the cases
forrevision before the secretary of the
treasury, on another account, namely that
the many hard cases which were not en-
braced In the act, would III the course OF
the Investigations attract the attention OF
tile executive, and receive Justice.
Mr. 2scaeaoy thought that the decision
on all claims OF great magnitude ought So
be kept in the hands Of the house, who
were bound to do their duty themselves,
and not PROSTATE the dignity of the house
by throwing the burthcn on the shoulders
ofthe eSecutive---and he did not see why
the committee of claims were not us com
petent TO the task as any court or com
missioners, and as proof oft.eir capaci-
~ and readiness Tor which, he reminded
the house Of that committee having deci-
ded in favor of the Baltimore Claims
AS to Mr.. Jolinsop's amendment, it could
90 no good-lt II was 10 go first TO the
commissioner and then TO the revision of
the secretary of the treasury, why not
send itat once to the latter!
Mr.. .She6ty said twas natural for him
when he was called upon for the repeal of
particular act, TO ask in return what was
the improper matter contained i'll that
act. BY asking that question III the pre-
sent case, the answer was that the fault
was not in the bill, but in the admins
tration of ito which he would reply that
repeal was not the remedy for it. A re-
peal was not an appropriate remedy if the
principle OF the bill was not yIclous-and
even if the principles of the bill were bad,
it would be much better TO go through
with ii than to make the odious and un
Just distinction which repeating it would
occasion between two portions OF the peo-
pie. lie relied upon it, that 1t would be
better to pay miilions-better to say can
didly we will pay the forfeit of our temeri-
ty rather than establish such an abomina
bic distinction. lie was in favor there
fore OF a modification, which proposed to
place the matter under d jurisdiction so
very similar To the former. Giving the
jurisdiction TO single commissioner.
was contiding too much to the discretion
otan individual who had been accustem
ed to the controlling rules of court of III
dlcature, and the fundamentally Mr.. John
son, he thought would remedy that error.
AS to giving the claims to the decision of
that house, he was ayerse to 1t. How ma
ny were there, he asked, who knew or
would take the pains to know the nature
OF long tram ofeydence Z! In their ma
ture such bodies were unfit for such en-
quiries.
Mr.. C7ay (the Speaker said that lie
should offer his sentiments with reluc-
lance, because he felt it TO be his duty to
speak with plainness against standing
committee of the house, for which he had
a high respect, and whose decisions had
been in general so uniformly correct as
do them honor. He said, that before the
house could agree to repeal the ninth
section, they were bound 10 consider its
prluciples.-Ets principle then was briefly
thls that when the public seized for its
own use the property OF individuals, III
consequence of which seizure that pro-
perry was destroyed they, the public,
were bound IN every point of probity and
policy, to indemnify the sufferers. I'm
constructing tina section, the most album
dant care had been taken TO provide and
guard against abuses of it, i'm the ouly
three WAYS III which abuse could take
place. Nothing therefore could be point
Ell ont either Ia that principle or those
guards upon which a repeal could be JUS
tihed. But the committee OF claims
would set every thing afoat, and order e.
very claimant 10 come TO thai house for
Irlal and decision on their claims. A le-
5lsiatiIre however, could not apply rules.
but principles, and the house had done
exactly whatcomported with It's dignity,
by orderiug the executive to supply tic
rules while itself propounded andenacted
HE principle. But itliad been contendcd
mat the power given to the commission
er had been abused-With regard TO that
point, MIR. Cfay declared il to he his per
snasiOn, that the officer had not received
lar piay-the house had been thrown
suddenly INTO parOxysm or trepidatlou
about hinI-FrOm mass of decisions Of
no less than seven hundred, three cases
were selected for the purpose of crimina-
ing him-and Mr.. Clay put it to tho
mouse, whether allowing for tic 1aiIibilifv
OF human nature, such result of such
scrutiny was discrcditable to the com.
At the same time be had M
hesitation III SAVING that tho n II, ,.,, l.,<f i