Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-04-09

ment, was extremely Objectionable f; that Congress
was not body calculated for full aud fair nves,ga-
ton oil such claims II another great objection act
ing upon these claims here is that the decision upon
them is never final. But yet, he opposed to the
principle contained in the present BILL and therefore
could not vote for IL. tie believed great injustice
would result 10 the United States. lie would be
content TO establish Board of Commissioners, to
SIT at the City of Washington, for the purpose OF de-
Gliding upon these claiu,s--or he would be willing
establish new Department, FOR this object, to
vest the decision in Of The present DepaI
Either of these plans, he thought, would he produc
tive OF good consequences But the present hill
would subject the United States To be implicated in
thirty or forty different Circuit and District Courts
IN various parts of the country, and would involve
great expense and trouble. All the claims against
The government, from its establishment TO the present
day, would he called up. All these claims had arisen
from circumstances emanaiing from transactions in
this city The evidence respecting them all here
~ there were many claims of this Kind TO arise,
the departments of The government would find Them
solves continually engaged ia defending in the
Courts Of the different states Certified copies Of
papers must he taken ms evidence, in these cases ;
and those copies must be prepared AT the depart
ments. The United States will not stand as good q
chance TO get jsstice done TO the individual
the government will scarcely get it's rights The
Courts and Jures will always he BIASED in favor Of
the individual against the government.
Mr.. V. B. thought the bill would be productive OF
great Inconvenience and difficulty. THIS mode Of
deciding claims, lie believed, was without precedent
IN any country. No government had ever consented
10 place itself upon such footing. Mr.. v. b. al.
u'ed TO the petition IF right in England in order to
show that u was not analogous to the provisions OF
this bill. II would he better, he thought, to provide
that the United States should always be mpleaded
in ihes' cases, in the Supreme Court at Washing
ton-hecause there the departments could have an
eye upon the interests of the government. But he
had strong objections spread them the whole
country Obsolete claims, which have long since
been decided against ,and the decision acquesced in
would again be brought up. Believing that these
bad effects would result from the bill, he could not
vote for it.
Mr.. NoRIE modified his motion, so az to authorize
the committee, il they should think proper; report
hill for the establishment of some other tribunal
for the adjustment of these claims.
MIR. TAYLOR Of Virginia, replied to the remarks
made by Mr.. Van Buren,. He SAID This bill merely
~ opposed To give The Circuit and District Courts
the power OF acting cl,ms within their own dis
Uics. He believed that the establishment of a
tribunal TO try these claims at Washngton would he
attended with many of the inconveniences tina, are
now experienced from their bcing agtated in Con
gress. He thought that, far from the cvide on
claims such included in this ac, beirg found
al Washington II was mostly TO he Obtained in the
Districts where the claimants lived. He stated the
difficulties which would attend the decision upon
these claims by either OF the departments. Our ex-
ieni OF terriiory would operate objection a.
gainsi the establishment of n tribunal like the Court
oi Exchcpuer in England. Justice TO individuals,
Mr. L. said, required that their claims should he adj
Jused III their own districts, subject certain res
ricions and checks. lie believed that, instead of
the testimony required in the adjustment OF these
claims, always being found Al The Of govetn-
m"hI, rs the gentleman from New York supposes
II would rarely ever be found there. We con-
s,aniiy going the districts where the claims origi-
nate for this eyidence-for certificates. private let
ters, aud other documents. We are alarmed too, by
The hdeous spectres Of Obsolete cldms-we are told
that obsolete claims, without number, will he
urcd mp. Mr. Il. thought extremely impi obable
that any claims more ancient obsolete than some
which had been brought before Congress, could he
found and il he had been about TO put his finger
any particular point, to demonstrate the
~ oi adopting the provisions of This hill, he should
have placed IL upon the admission of these Obsolete
claims in Congress. He said he believed there were
acts oi limitation TO regulate these matters; If not
they could he made. Congress has the mower To
make laws OF limi,alion-and he believed there world
be no difficulty on This point.
Mr.. L. believed that the objection, 10 The in
creased labor of the Judges, was equally incomsis,-
ent il The labor of hearing The testimony too
great, for large number of Judges, spread through
the country, how could the Heads of the Depart
men's attend to il? This was kind Of duty Tor
which the Judges were appointed. Are your De-
partments competent 10 this duiy, and your Judges
incompetent? He thought the argument incon-
elusive.
Mr.. 7 in favor OF extending the provisions of
the hill To claims amounting TO ten thousand dollars,
| and he wa opposed To Limiting the duration of the
law. But he had heen deeply impressed with the
| necessity of some such system as this, which would
get rid of what he considered disrepuinble ursdic
| lion on the part of Congress he perfectly
Satisfied OF the necessity of remedy for this
evil that he was willing TO accommodate The bill 10
the ideas Of other gentlemen on The subject. He
believed that time aud experience would sufficiently
prove the utility OF the measure.
MIR. CHANDLER objected carving these claims
into the Courts of the United States. He thought
tie jures who we're called to try them, would inva-
raby he hiassed III favor Of the individual claimants
especially the claimants would he their neghboTs
These causes ought not he tried in the different
states, away from the seat Of government, where
lone the circumstances relating To The cases would lie
known. The District Attorneys would not be likely
TO he acquainted with the merits of the cases. Mr.
{. thought il would he very dangerous experiment
u wOud induce every man who thought he could
put fair face upon his claim TO bring IL up for trial
before jury, who would be pTeJudiced against the
government {; the claimant would have expenses
to pay IL would cost him nothing, but the payment
Of his own counsel. Mr.. Chandler was willing That
the bill should lie Ie-committed, with Instructions ia
repOr, some other mode FOR the settlement Of those
claims.
MIR. II. Johnson, OF Lou said he happy at the
prospect now presented, of Obtaining some mode for
the adjustment Of private claims against The govern
meni. Congress was certVnly an Incompetent body 10
| try these claims. There was great improperly in
constituting so large body Of men, at so great An
expense, TO act such subjects. The expensc
upon small claims was often greater than the amount
OF The claim tie thought il better that Board o
Commissioners should he created for hs purpose
il would he better on account Of the expenses "a
| which the claimants would be subjerted-their ex.
penses would he much increased in Courf Of Jus
tee. The government was bound, IN his opinion, "a
establish some tribunal which would not increase the
expense 10 those who held cliims. The proofs, ir
these cases. would be, for The part in the hands
of the government IfOther testimony were necessa.
~, the Commissioners would have power 10 issue
commissions for taking dispositions, &c. He object
ed TO the submission of these claims 10 the Courts 81
Justice, proposed 10y this bill, account oil the
additional expenses that would be incurred by the
claimants. lie was, therefore, Nv favor of recon-
hitting the bil
Mr. VAN BUREE made somo further remarks IN
e=plauaiion--to which Mr. TayIor replied
Mr. VAN DYKE said IT manifest that The sen
ale and House Of Representatives, from the manner
~ which they constituted, we're not calculated