Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-04-06


thorize the committee, if they should think pro,
per, to report bill for the establishment ofsome
other tribunal for the adjustment of these claims
MIR. Taylor, of Virginia, replied TO the re-
marks made by MIR. Van Buren,. He said this
bill merely proposed TO give to the Circuit and
District Courts the power of acting on claims
within their districts. He believed that
the establishment Of tribunal to try these
claims at Washington, would be attended with
many Of the Inconvenience that are ROW cxpe-
rienccd from their being agitated in Congress
He thought that, SO far from the evidence on
claims such were included in this act being
found mt W Washington, ii was mostly to be OBJ
tanned in the Districts where the claimants live.
He stated the difficulties which would attend
the decision Upon these claims by either of tlie
departments Our extent of territory would
operate as an objection against the establishment
of Il tribunal like the Court of Excl,eouer i'm
England. Justice to individuals, Mr.. II. said,
required that their claims should be adjusted i'm
their own districts, subject TO certain restrictions
and checks. He believed that instead of the
testimony required in the adjustment of these
claims, always beng found nj the seat Of govern.
mcnt, as the gentlemen from New York suppo-
scs, it would rarely ever be found there. We
were constantly going to the districts where the
claims originate, for this cydencc--lor cert;fi-
Gates, private letters, and other documents. We
arc alarmed too, by the hilcous spcctres of OBJ
solctc claims-we are told that obsolete claims,
without number, will be conjured up. Mr. T.
thought it extremely improbable that any
claims more ancient or obsolete than some which
had been brought before Congress, could be
found; and if he had been about to put his finger
on any one particular point, to demonstrate the
necessity of adopting the provisions of this bill ne
should have placed it upon the admission of these
obsolete claims in Congress. He said lie be-
lieved there were acts of limitation to regulate
these matters; if not, they could be made.
Congress has the power to make laws of limita-
ton-and he believed there would be no difficult
~ on this point.
Mr.. t. believed that the objection, as to the
increased labor of the Judges, was equally incon-
sistent; if the labor of hearing the testimony
was too great, for large number of Judges,
spread through the country, how could the
Heads ofthc Departments attended to III This
was kind ofduty forwhch the Judges were APP
pointed. Arc your Departments competent 10
this duty, and your Judges incompetent He
thought the argument inconcluSive.
MIR. Il. was in favor OF extending the pro-
visions OF the bill to claims amounting 10 ten
thousand dollars, and he was opposed to limiting
the duration of the law. But he had been 50
deeply impressedwith the necessity ofsome such
system as this, which would get rid of what he
considered a disreputa5ie jurisdiction Oh the
part OF Congress; he was SO perfectly satisfied
OF the necessity of some remedy for this evil;
that he was willing to accomodate the bill to the
ideas of other gentlemen on the subject. He
believed that time and experience would suffi-
ciently prove the utility of the measure.
| MIR. Chandler objected to CARRYING these
claims into the Courts of the United States. lie
| thought the Juries who were called to try them
would invariably be biased liz favor of the in
dlvidual claimants, especially the claimants
would be their ncighbors. These causes ought
not to be tried in the different states, away from
| the seat ofgovernrnent, where alone the ciicum.
stances relating TO the cases would be known
| The District Attorneys would not be likely to
be acquainted with the merits of the cases. Mr.
c. thought it would be very dangerous expe.
riment. 1t would induce every man wht
| thought he could put fair face upon his claim
TO bring IT up for trial before Jury, who would
bcpreJudicedag the government; the claim
ant would have no expenses to pay; it would COS
him nothing, but the payment of his own coun
sci: Mr.. Chandler was willing that the bill
should be rc-committed, with instructions to re
port some other mode for the settlement of these
claims.
/ MIR. III. Johnson, of Lou. said he was happy
at the prospect now presented, ofobtaining some
mode for the adjustment of private claims a.
gainst the government. Congress was certain.
i y an incompetent body to try these claims
There was great improperly in constituting Sc
large body of men, at so great an expense, tc
act on such subjects. The expense upon small
| claims, was often greater than the amount O.
the claim. He thought it better that Board
OF Commissioners should be created for this pur-
pose-it would be better on account Of the ey.
penses to which the claimants would be subiec.
ted-their cxpences would be much increased
| IN Court of Justice. The government wa,
| N tn oStn
which would not increase the expense to those
who held claims. The proofs, IN these cases
would be, TOR the most part, in the hands of tho
government. Ifother testimony were nccessa
1 ~, the Commissioners would have power TO is
/ sue commissions for taking dispositions, SC. liz
objected 10 the submission of these claims 10 Tx
Courts OF Justice, as proposed by this bill, OF
account of the additional expenses that woul,
be incurred by the claimants. He was, there
fore, III favor of re-committing the bill.
/ Mr.. Van Buren, made some further remark
IN expianation-.o which Mr.. Taylor replied.
| Mr.. Van Dyke said it was manifest that IL,
Senate and House Of Representatives, from tht
| manner in which they were constituted, wer,
not calculated to act upon private claims--on,
great reason why they were not, vas tie wan
OF time. 1t was absolutely impossible, with tl,
great political subjects that were constantly nre
snnting themselves to the consideration Of Con
gress, that members could devote the rcduisit.
attention to the minute circumstances OF ever,
private claim that came before them. If tier,
were sufficient time TO obtain all this informa
ton, still, the mode adopted, and which was ne
cessary TO obtain it, rendered the determination
very uncertain. Affidayits we're taken, wi:hou
any agent of the government TO attend to the bu
siness; the statements OF individuals are rccciy
! ed, III regard to their own accounts, the in(or
nation which members are enabled 10 obtain
in relation to the claims, is relied upon for IN,