Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-19
THURSDAY, FEBRUARY Ii.
In SENATE.

On motion of Mr.. PLEAsANrs, the Senate
took up for consideration the bill from the
other House, making partial appropriations
Tor the naval service of the present year.
mr. PEASANTS recapitulated the facts
contained IN the letters from the Secretary of
| the Navy To the Committee of WAYS and
Means of the other House. To sIew the ncces-
s'ty OF anticipating, as early, as possible a part
oi the annual appropriation, for the purpose.
principally, of fitting out an additional force
inr the protection of our commerce in the
West India seas, Sc. Sc.
The bill was ordered TO a third reading !.
and, on motion OF Mr.. PEASANTS, the hll
was forthwith read third time by general
consent, passed, and returned to the other
House.
| The Senate then again proceeded to the
consideration IF the bill confirming the title of
the Marquis dc Maison Rousc--the motion
made on Yesterday by Mr.. TALBOT, To refer
inns aud AL similar claims to the adjudication
Vi ,ne judiciary being the question pending.
MIR. VAN DYKE, thinking that each of these
large cases ought to stand ON its own merits.
as 1t comes before congress, moved to amend
inc motion so as To refer the claim of Maison
Rouge alone to the decision of the Courts
Mr.. EATON supported the amendment,
| deemnS II lnexpedient to refer the other great
claims now pending, on which there was less
difficulty than in the present claim.
Mr. JOHNSON, of Louisiana, thought the
whol' OF those claims $50 many years pend
ms should he brought Immediately before the
Juuiciary, where they must ultimately be
brought, as they could never be finally adiudi-
Gated IN any other way, and in such manner
as would ensure an early decision, as it was
aii-Important to the claimants, to the U,ited
States, and, more than all, to the State of
Louisiana, so large portion of which was
covered ny the claims, and its prosperity so
much Affected 10y the delay, that they should
be speedily adjusted and finally setted-ac-
companylng his remarks with a brief history
OF the proceedings on the prominent claims
and ayowlng also his belief in the business of
the present claim.
| Mr.. BARTON, was avcrsc to the reference
oil this special case Ia the Judiciary, but would
prefer a general act referring all such to that
tribunal and lie offered few remarks TO
shew the superiority of that mode of adjust
ing such titles, over settlement by the legis-
lature.
Mr.. OTIS was in favor of the amendment.
but ii not agreed to, he should still vote for the
general proposition, considering it highly pro.
| per thata tribunal should be provided by
which these rights may be decided CORRECTLY
and finally and deprecating a decision OF
them, and this claim in particular by Con
gress.
Mr.. HOLMES, of Maine, could perceive, no
| reason for referring this claim to the Judicial
rs, any more than the various other claims
which are presented to Congress, pecuniary
as well as others and eaueavored tn shew
that If Congress could not trust themselves
to decide these claims for land, it would he
much more dangerous TO the public interest TO
submit them to a jury or Il tribunal of the vi.
clnlty IN which the claimant resides. He al
SO went considerably into the merits of this
claim TO shew its illcgality, and that it was
not entitled to the preference proposed.
MI. BROWN, ofLoulsiana, replied tn the lat
terpart of the preceding remarks and vindi-
Gated his former arguments in support of the
Scnuinencss and validity ofthc title of Mason
Rouge.
Mr.: TALBOT also replied to Mr.. HOLMES,
ana enforced the eXpedienCy of the course he
had proposed f; supported the superiority of
courts and jurles to examine and determine
such claims that all claims were worthy of
IL that 1t was the most prompt and most
cheap, if not the most enlightened mode of
adjudication I; that even if Congress were pro-
| perry constituted for such decisions, there was
no hope OF n final decision here some of these
| Claims having been prosecuted before Con-
| Sress IL or / years-One of which Winter 81
| turned on the construction of a single word,
| wherein there was no shadow of doubt AS to
1 the genuineness of the claim and i'm folIowin
1t up to obtain decision, the original claim
ant died here in penury. He had no partcu-
! lar objection to the amendment, if it was
thought best, though he had 10 doubt ge-
neral provision would have, ofnecessity, to be
passed before long.
Mr.. HOLMES of Maine contended that for
All tlf1sc purposes, Congress was court of
nj ff.t
1T was rs capable and az willing TO do Justice
az any jury-that Congress was not party,
but the umpire between 4 petitioner and the
PeoPlc-thouSf he protested the highest We
Deraton for the institution of the trial by Jury.
i Mr. JOHNSON of Louisiana replied, that ad .
milling Congress TO be a competent and i'm
partial tribunal, still their decision could not
be final, as it could not d;Yest right, nor the
individuals be deprived of a judicial trial so
tilat, alter wasting gears on them, the indiyi-
duals could resort to the courts and it was
expedeDt at once to refer these claims to the
ultimate tribunal concluding with some re-
marks on the claim of Mason Rouge, which
, he believed, after a particular examination of
the title, to be legal and complete.
+ Mr.. Macon thought it was immaterial how
this question was decided, as the special law
= would soon bring on general one As To the
blame OF delay, the delay in deciding cases a.
{ rose often from the friends Of petitioners, and
: there was Just as much delay in the courts of
E justice as here the laws delay had become
; toast. He did not like this unjust blame of
Congress. Pass the bill, and it would be for
T. the rich only-fOr the poor could not afford Ia
Il go to law, much less 10 follow up suit to the
1 Supreme Court The talk for some time had
It been, that the Court had more business than il
+ could perform and it now was proposed 10
take business belonging properly TO the legis.
c lature and throw it on the court His obiec.
c ton was, IT gave the rich two chanccs-frst
d here. and Then In cnnrf