Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-24
Twenty-third Congrcss.--Ist SEES.
IN Sen ATE.
Thursday. December 10

Revolutionary Claims O'"'''''' ."
Mr. Chambers asked. and obtained leave, to introduce
Dill 10 provide for the final settlement of the claims of the
several States for interest on advances made by them dur
ing the late war; which read first second dime
aud referred to the Committee on the Judiciary.
Mr. Poindexer offered the following resolution which
lies one day the table 800
ResoUed, That the scrgeantat arms be authorized to
OF Columbia for the use Of The Senate ~ '"' D'''''e
Mr.. Sprague presented the petition of Noah Miller
wmch was referred to the Committee on Pensions
Mr.. Tyler presented the petition of the heirs of A.
yo,un"ar Mnen was referred 10 the Committee Re.
OIL oses shepherd and the papers ted there
with, were referred to the Committee ON Claims
TREASURY SUITS
Mr. Tyler asked obtained leave 10 introd,cs hin
10 repeal the for the better organization of The Trea
ry, approved May, 1920. 49, ~
nrIyier asked the indulgence of the Senate to make
lew remarks explanatory of his views and natives in
asking the leave now sought be obtained The ACT of
,a WHEN ne sought to repeal, was innovation upon
c es'aoished usage oil the Treasury from the founda
uon OF the Government The Government dur;ng H.,
o, nme rested upon the remedy by suit con-
1850 'he mode oil proceeding the Treasury i'm order 10
a;cean .he true balance against supposed delinquent,
giving priority oil ITS own debt that of others and
prescribing what should be available proof in The end,
the agent OF the Treasury might deem il proper TO in
sue In this respect it pursued the plain course die
teu oy ordinary justice, and sanctioned by the high he
nests oil the Constitution whatsoever might be The state
OF the account However well ascerained The balance
due from the debtor, although his ACKNOWLEDGMENT ~;
writing Of such balance might be exhibited we, ,h LII
Judicial power OF issuing compulsory execution was de-
med 10 the Treasury The reasoning then employed was
uououess mat which he should employ upon The present
occason-thatit lar better to incur the sho ela Of
motion, or ten days previous notice. or regular sui,
In enner OF winch proceedings the matter would be sub.
'eu' uhucr 'he constitution, 10 impartial Jury than
invest the subaerns of the Treasury with the iespoc
power oil issuing peremplory process, Of seziny with
strong hand upon the person and effects OF the debtor
ouch was the law up TO 1920 when the act was passed
which he sought to repeal That act authorizes the
tOm o, the Treasury 10 certify the balance due
nf f,a
agent OF the Treasury, and requires the agent 70
forthwith distress against the goods persons of such
VINO Is hereupon deprived of his property or of
his liberty, without trial by his peers and upon the ar
oirary decision OF subaltern Of the Treasurv
ne accounting officer. This proceeding does not re-
quIe even the sanction OF the Sccreary il is the WORK
oi The Auditor and Comptroller cononed who are thus
invested with the power Of ubeciing an officer of the
Government TO utter ruin, in character and foruna Th
trial by jury, guaranteed by the Consution is virua
sci at nought, and edic condemnatoy and
Tvs pace ne supposed case to show the kind of au-
sing agent receives all the notices which The nrovid
as preliminary to this severe process distress He an
uli disbursement OF all moneys which have COM, IN hi
hapds; the vouchers are esteemed nsuficen The Marty
oas upon ener snfhciency whilo the accounting off,
Ger maintains The opposite. II the case were sbm;,.,
JURY Dey would be held to be sufficient: and vet sir
e party is placed al the mercy of the Auditor who Ger
unes 10 The Comptroller, who certifies 10 The 49,,
who is required instantly 10 proceed TO issne liz $50 $50
cuUoh against the estate of the unfortunate man and
h s stourues, ana II there be NO estate then his aud
ne persons are 10 be seized and thrown into loabsome
suppose Them nominal debtor to have received Of
the government 100000, for example, and by the inter
,be sen, :; In The rejection Of important items,
I seemen' is en'ireIy prevented He may have fair
anu legitimate vouchers in his greatly n ed
IT, ana YET he stands by the books Treasury, debtor
'he whole amount and his person liable TO for
the whole amount But this may not be the ONLY c;rcvn
s,ance winch may Cypress him. What, il the accounting
officer shall be his enemy. What if he shall h;nu s
per TO make his office the me ans Of graifyin pIo
iu spirit! This law him with power and sn,hork
s ana MIS- stands within his reach My conviction is
1T. ART ia thuo..
Constitution, and despoc in its cbaracter and H., ~
should, therefore, be repealed. $3.50 ' 4"
us Oh. very poor reply that the party may obtain
an ~ upon giving security, by applying 10 Judge
Of the Federal Court, and satisfying him that Inc has dis
counts. what, II the demand be great that he cannot
hu security or some causes inerpose TO prevent am an
Pilcation TO the Judge In either event HE
selzed upon, even down TO the minutes article. his
ue nave one turned adrift upon the charity of The
Wou OF ne himself imprisoned without the hone of re
ei tits no answer TO say that he may obtain an n;nn
uon. 90 may any debtor, he show discounts But
Is 'n's any reason why the creditor should have powcr
conferred on him by law to give Judgment and iss,a 49,
culion upon his own notion ~ ~ GAG
put 10 very lew cases If they have been numerous
they have not come 10 my knowledge The fact of lie non
sufficiently manifested by reference TO the
oDg catalogue oil those who annually reported n ns
as public delaulters Why Is no, this law entoS =;
every case! 1t may he know nothing a,iveI, ,t
% e 'Ss section oil This act remedies previously ex
sung are preserved and this may be construed az IN
invest the Treasury officer with dire conarv noyer oye
.ne remedy: II so, he considered it forming a still
In inu
pubic men with TOO broad discretion I'm order tI,t LIS
shond operate justly they should operate uniformly and
equally dciauIier was a deauer and each an, al,
shouiu De SUBJECTED TO the process n the annIca
ZION oil Tie law be left 10 the arbitrary dscreon ri bo
VINO administer IT, IL may be used instrument of re
WEDGE ro one ne was not disposed leave the right of
the citizen IN situation of so great hazard o "
lie trusted that, for the he had stated the leave
aSeo "ou1 Tesdy be granted, and an act so despoc no
obleraed from the statute book " " 'Po''' 'o
The bill was then read fret and second fine anil .
ierred to the COMMITTEES on Finance ' WV "
- sTEAMBoATs
MT Clay presented the petition of number Of tho c;,
zen oil schenectady, calling the attention of Congress 70
e distressing TACT, that almost on every occasio bere
mere mas been fire on board steamboat il has term
pdeu W complete confisgraion. lie thought the pro
per course was 10 send this petition 10 the COMMITTEES ON
'aVdl hIaits' "bic he was up, he would also express
nope mat This committee would turn their attentinn "a
inc same ume' 10 that other important cause OF frequent
disasters the bursting Of boilers lie moved thai Ihe Nc
uioD be referred TO the Committee on Naval Affairs and
printed '' ""u
Mr: Bibb suggested that the Committee on Commerce
Wou De he preferable course because IL related 10 the
ngaioh witbn Tie rivers OF the United States; and so
Tar a. congress had power 10 the subject lac nre
sumcd II was derived from the power given by the Con
suuion 70 regulate the intercourse between the States
MI Clay SAID, that lac had thought OF this Committee
ou' mao sceCted The Committee Naval Affairs
ne mat there we're persons engaged in the Ma
val service who were skiul and scientific He
would however, be quite content with any reference
winch Tue senate might direct
The petition was then referred TO the Co,o,,i,,eo 80
Naval Affairs. Wv
PosT OFFICE.
Mr. Hrundy offered the following resolutions;
he'0tced Isl, That The Postmaster General be directed
70 communicate TO the Senate statement OF all the al
lowances Ivy hin made, beyond the sums sGoulcJ ia
e tract cit gi.l ,t,