Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-26

facto law ; would be runous,Ssc.
Mr.. SmirB avowed himself in f,>or OF the
clause as 1t came from the House Of Repre-
| sentatlyes-and if it were To be modified he
would take only that modification which was
suggested by MIR. Holmes. the clause had
in view simply to compel those who owed the
public 10 pay their debts, aud this WAS called
an ex post ticto law. He exhibited To the
Senatc, for he could not undertake. TO read
them, the voumiaous lists of those who had
been reported public debtOrsofmor f.ian three
gears Standing, to shew the necessity of this
provision. lie replied to, and rcbutted, in detail,
the arguments of those gentlemen who had
opposed the provision. He was not APP
prehensive that it would apply to members
of Congress-he knew not of any tn whom it
would apply; but lift did, it would be- right
and just F; he deemed it in the highest degree
reprchcnsibie for any man intrusted with the
public money TO lay his hands on it and such
a man ought To be excluded from the public
conlidencc-
| Mr.. Johnson of Ky. did not view the large
books exhibited by Mr.. Smith TO the Senate,
IN the same light as that gentleman he felt
lot those volumes no respect or vencratioD, for
he considered them us no more that official
SANDER. de cited a case with which he was
personally acquainted, in which one gentleman
who lost his life In the service of his country,
had been represented as delinquent TO the
amount of $4,000 dollars, which account on
an examination, had been pared down to
1900 dollars. To show how E,llacious the Off
cial lists of balances were. Many appeared
defaiiltcrs because they lost their vouchers in
! the chances Of war; some of his friends thus
appeared, whose vouchers We're sunk in the
waves oil Lake Erie, when the holders were
more Intent on meeting the enemy than in
preserving papers. He referred to other cases
| IL WHICH men would be thrown under the
operation of the provision, by having become
the securities of disbursng officers and was
opposed IT. any measure which would embrace
in one sweep the swndler aud the honest man.
He argued also, that the law was already am
pie; because new appointments must be sub
| mi'ted To the SENATE, and those now i'm office
were at the will of the President and could
now he dismissed where they were delinquent
| The government had, moreover the power OF
bringing suit, and could even take the BODY.
ana inprlSon the dGhtor at pleasure, when the
pound oil flesh must be exacted; and he con
Guided by declaring he thought it the most
eSceptlonabie principle that was ever engraft-
cd IN the laws, because it would operate re-
trospcctvey, and of course on those who had
I fought the battles of the country.
Mr.. LowR!E said the simple princinle of
tins provision was, that no money ought to be
| lalu ny tac government to Il man who is in
dehted To the government If this principle
were put To any farmer in the country. he
would approve il :; it was also coniormabic TO
the rules of the Senate in the case ofappoint-
ments: when persons were nominated To OF
flee, they We're referred To committee to as
certain il they had settled up their public ac.
counts. But il was argued there were Diff
cultes in the way of the adoption OF this prn-
cipe; and these difficulties Mr. L. argued TO
shcw were not substantial AS to the list of
| balances he drew no argument from that i'm
favor oil this provision for he knew the nature
| OF that list too we'll, and doubted the expedi-
ency even oil printing it, while the accounts
were Ia Z course of settlement. Mr.. L. replied
10 some of the objections OF Mr.. Van Buren,,
and concluded that although there would be
Cases OF much hardship, uader this provision,
Yet 1t would do much good, and ae was in ia
'or vi IT, The heads ofthe departments had
decided, he learned, that every officer could
settle lis accounts within year, and the a.
| ncudnioln of Mr.. Holmes would place the
provision IN the principle adopted by the de-
partu? cnts.
hlr. Van BuaEN, Dir HoLIEs, Mr.. Low
RE and Mr. SMITH, seyeraly further enlorc-
ed their views oil this subject.
| MIR. RODNEY presumed no one would deny
That an oiiicer who was an ascertained and
bona ildc debtor 10 the government ought TO
|
sion under consideration ought To- apply 10 all
such. So far, all would doubtless agree TO-
hat 1t was impotic, he argued TO go further
| i'hc great Iisi oi balances which had last wear
oVcIshadowed the country, had been in one
year, 1T appeared, reduced 10 millions, and
scarcely any part ofthese ten millions of set
lied accounts, was found due that hook was
no evidence of delinquency, and Ought TO have
no influence On The present question. Should
the provision he adopted i'll us full extent il
would allow too much to Interpretation, too
mich to the discretion OF the accounting Off
GERS, who would then have it in their power
TO favor some in the settlement of their ac-
counts, while they kept others in suspense, and
thus be enabled, by partiality, to commit in
justice sc.
| Mr.. LLOYD, whose only object was to OBJ
tain payment ofthe public money, moved to
modify Mr.. EAToN's amendment, conforma-
bly, 10 what he had suggested previously, but
/ the modification was negatived-ayes ID, noes
| Ii.
The question was then taken on Mr.. EA-
TONS amendment and decided in the mega
tive, by yeas and nays, as follows:
| YEAS.-Mc,srs. Barbour Brown Of Lou Brown
Of Onio, D'Wolf Eaton, Holmes Of Miss johnson
Of Ken. Johnson Of Lou. King of Aab. Knignt, Lam
man, ParrOli, Pleas;nrs, Rodney, Seymour, South.
aid, Stokes, Talbot, Yam Bmen--l9
IVA o'--4hcssIs DaItolJ benton, Chandler, Dick
erson, FndIay, Gaillnrd, Holmes Of Maine, King Of
~ J.. Lloyd, Lowrie, Macon, horril, Noble, Palm
or, Rusgles, Smith, Taylor, Thomas Wake err, Wi.
lIims of Miss. Williams Of Tenn.--2I.
| Mr.. LLOYD thea moved to amend the pro-
vision to read as follows:
| That 40 money appropriated by this act, shall be
pad To any person for his compensation who is y
debtor To the United Stars, account stated and
admitted, or on Judgment, until such person shall
have pad into the Treasury, secured 10 he paid
iniO The Treasury, such manner the President
may direct aud approve, all sums Ter which lie may
be iudpt