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

|
documents, relating To the extinction of the In
dian titles to lands in the statcof Georgia. The
Message was ordered to lie on the table.
MIR. Lowrie presented the petition of a. b.
| Nlatson, an iusolvent debtor, imprisoned in the
| Western District of Pcnnsy lyania, praying that
the Legislature will interfere to release him
from prison, as he cannot be otherwise released,
i'll consequence Of the absence of the District
Judge. Referred to the Committee on the Ju-
| dietary.
The amendment made by the House of Re-
prcsenatiycs TO the bill supplementary to an
act, entitled AN act to incorporate a Turn
pike Company in the District Of Columbia -
were then taken up; and, OH motion of Mr..
Barbour, were concurred in by the Senate.
The bill g TO alter the time of holding the
Courts i'll the District of Columbia - and the bill
confirming certain acts of james Miller, as
| Governor of the territory OF arkansas, and for
other purposes" were scvera!ly read the third
time, passed, and sent 10 the House for concur
renee.
The bill g for the relief Of Thomas Shields
was read the second time.
| The Senate, as in committee of the whole,
then proceeded to consider the bill for the re-
| lief of purchasers OF public lands" Mr.. Eaton
in the chair. Mr.. King of Mab. proposed sun
dry amendments to the details of the bill. Some
cursory remarks were made upon these arncnd-
ments, by Mcssrs. Chandler, and King of Alab.
and the amendments were agreed to. Mr.. King
! OF Alab. then moved to strike out the second
third and fourth sections of the bill. Mr.. Rug
giles was in favor of retaining the second section
and Mr.. King withdrew his motion, in order
TO give way to an amendment proposed by Mr.
| Rugglcs; upon which some discussion took
place, between Messrs. Rugglcs, King of N Y.
Lowrie, Noble and King Of A!ab. and it was
! then adopted. Mr.. King of Alab. then renew
ed his motion TO strike out the third and fourth
sections OF the bill which was agreed to.
The bill was then reported to the Senate
| the several amendments made in committee of
the whole were concurred in and the bill was
postponed ana made the order OF the day for to-
morrow.
On motion of Mr.. Taylor of Virginia. the bill
providing for the settlement of certain pccuni-
airy claims against the u. States,'' was taken
up for consideration.
! MIR. Taylor of Virginia, spoke in support of
the bill He adecrted to the numerous evils OF
deciding private rCcuniary claims against the
United States, in Congress he conceived that
it could not DC difficult to find a remedy There
was no individual who must not be convinced of
| the improperly of deciding trivial claims by
congress Such trials diminished the dignity OF
he Legislature, and would be likely to avert
romit the affections of tie people 1t would
save the time OF Congress, to be directed &c
higher Objects, such the important reporis
f from the different Offices. Matters of impor-
lance We're 40 ming led up with triviaiiics, tina,
sufficient attention was not paid to them. Ii had
been suggested that board of Commissioners
ought TO be appointed for this purpose. This
plan was not liable to so many objections nc
their trial by Congress-but this would have its
attendant evils. At present, rejected claims
cost more than these which are allowed MANY
are acknowledged to be bad but vet year after
ycar, they are before Congress. In this respect
Board OF Commissioners would be better than
Congress. 1t is said that the people have al
ways right to petition Congress. He denied
The position. To obtain the passage of general
laws, they might have that right; but not TO
make repeated appeals on private Claims Tic
spoke olthe practice in Courts of Justice, where
claims, when once decided, could not again be
brought up. 1t was not consonant with the
principles OF liberty, to allow these er ,qyie tr-
ais; IN which, case was too often gained by
teasing, rather than by its Justice. The prac-
tice was, as Mr.. t. thought, at variance with
the Constitution. The United States could not
prefer petition to Congress, TO obtain pay OF
an individual. One party, then, had a recourse
which the other had not. This Court ought to
be equally open to all parties.
Mr.. T. then took up the bill, and read it. sec
tion by section, TO shew the merits ofeach.
| The first section provides that every claimant
against the United States shall have the RIGHT to
bring forward all his claims, whether legal or
equitable, III any district or Circuit Court in the
1 United States. Mr.. r. held that this would he
much better for the claimants, they would be
tired at home; and, although there would be no
partiality, or incongruity in the Judgments vet
equal justice would be done. Justice would. al
SO, be done TO these United States. The ar.
counts must be first submitted TO the Account
ing Officers, and if the claimant, afterwards.
should see fit to- bring an action in the nature nj
a SUIT ia Chancery, nc may do it, and that court
is 10 be furnished with statement from the Sc
| cfetary cf the Treasury, of the reasons upon
i winch the Claim was rejected by the DEPART
ment
! The second section provides, said Mr.. r. n
substantial regulation for the attainment of ius
! tlce; the witnesses in the case are to be reru
| arly examined, and questioned bv the Attorney
General, an impartial person. This. Mr.. r.
said would be vastly better than the practice
now pursued, Of taking such kind of evidences
as was taken by Congress, which, fit deserved
the namc, was only er pnrte. He did not pro-
| pose to plunge into a system which could not he
rcrnedicI afterwards.
The third section provides for mpannclinr a
jury, when there should be such circumstance
as, IN the opinion Of the Court, should rcomirc =
! jury to try facts.
| The fourth secton'gives the Attorney Gene
raj the power TO file suggestions or ipterrorato-
RIGS TO the claimant the facts suggested TO be,
taken as truth, if not properly answered. This.
Nir. I. said was similar to a cross Till in CHAN
Gerry it was TO operate when there was frau
/ dulcnt Conceancnt offacts.
! fhc fifth section gives the claimant richt Of
op3eal to the Supreme Court of The l.. states.
without bond TO prosecute the suit; furnishing
the creditor with every possible advantage,
%h1c'i could be cxDccfcd f1 he aIlowoJ