The daily union., 1846-05-04

v v
them because IL any board were to be established II
ought TO be composed Of members selected with due
precaution, and entirely distinct from the executive
department
Mr.. HUNTINGTON expressed his desire that a
little time would be granted in order to afford
tors an opportunity OF submitting the bill to a care
ful and deliberate examination. He was glad, how
ever that his friend from North Carolina, Mr.
HAYWOOD, had directed the attention OF the Senate
TO the bill by his succinct and pertinent remarks
The truth was, that the bill plated an entire
departure from precedent BY IL a court Of equity
would be created which would be called on to de-
eide on every entry still unadusted, and that deci
sion would be final. A fhy-dolar claim could not
now be got through this body without its being pass
ed upon by committee Of Congress, and reported
Attempts had been made to create board for pri-
vate Claims but they had failed In the present
Il was still more manifesuy improper TO constitute
such board, because Congress had the exclusive
control OF the public domain, and no tribunal should
be created independent of Congress for the ad
Of these claims. But he did not rise discuss the
question. He was not prepared TO say that some
legislation on the subject was not necessary. But
he wished TO examine the bill more attentvey in
order to ascertain whether it would admit of pro-
visions securing eeetually the interests both of the
Unitei States and the claimants, and yet admitting
the proper and speedy settlement of the claims He
not prepared vote for bill constituting those
officers Of the government court with discretionary
hoped therefore, that in view Of all these considera
TONS the bill would be allowed to lie over in order
TO afford to the Senate additional time for reaec-
ton.
Mr.. YULEE remarked that the bill should be
restricted as much as possible with the view of
curing justice to the United States well as to the
claimants. IL was certainly desirable, and, indeed
necessary that some mode should be adopted for the
speedy adjustment Of these claims. The committee
who reported the bill were very properly of that
opinion, Different modes Of effecting this ADJUST
ment had presented themselves. lie would himself
have preferred local boards, in order that the claim
ants might have been enabled to prosecute their
claims with the least possible expense. But the
objection to that-oae which would doubtless
suggest itself To every senatoT-was the neces-
sity of establishing a board in each OF the
land districts Of the United States, thereby
creating an immense number Of officials and en-
failing the government a vast expense. Her
the honorable senator turned round and addressed
, number OF remarks to the senator from North
Carolina, Mr.. HAYWOOD which, from this change
in the position Of the speaker, were lost to the
porter. The only objection, IN his opinion, which
could be urged against the appointment of the Sec.
retary Of the Treasury, the Attorney General, and
the Commissioner Of the Land Office board Of
adjudication, was, that the claimants might regard il
sr parte tribunal; that II too remote from
them, and might be supposed to be too favorably
inclined to the government side of the case. But
the objection that these officers would be embarrass-
ed by the additional duties imposed upon them
surely could not be deemed valid when Il was con-
sidered that they themselves had agreed to assume
these duties and the attendant responsibility. Il
seemed to him that the only guard necessary-and
he submitted that to the gentleman who had more
particularly the charge Of the bill-was provision
requiring these officers after having made their de-
cslon, to report il 10 Congress before it could be
earded as final. BY that means. an adequate
check would be imposed on the action Of the officers
80 yh.
Of any improper decision, and at the same time af-
fording TO any aggreved claimant opportunity Of
appeal. The had eced to wing an equitable
power That did not appear to be valid objection In
no other way could these cases be settled, for the
very reason of there being any difficulty in the
case, was that they did not come within the strict
letter Of the law. 1t was on principles of equity
that the claims rested and it was only by their
reference TO equitable tribunal that a settlement
could be possibly effected. Now, he knew tha,
there were Of conflicting pre-emption rights
continually occurring, and that there were many
which had for long time been suspended and
with which the officers were perfectly familiar.
He thought that the claimants in general dis
posed to rest the decisions Of these officers if
Congress would require their decision to be re-
ported, so that an opportunity would be eft for ap-
peal. The honorable gentleman again alluded TO
he number Of claims unsettled, and the length of
time during which the settlement had been suspend
ed, and went on to observe that some legislation
was necessary; that he could not sec what other
tribunal could so well be resored to as that propo-
sed by the bill.
Mr.. ASHLEY was decidedly in favor of the gen.
eral object Of the BILL though he would not ad vocae
it in the form now presented. He did not see the
proprety of creating this board of commissioners
He should greatly prefer that the Commissioner of
the Land Office should determine on the claims in
appeal could be made to the Secretary of the Treas
ury. The Commissioner of the General Land Office
had right to call for the legal opinion of the Secre-
tary Of the Treasury, who in his turn could call on
the Attorney General. Such had uniformly been
the practice He could, therefore, see no object in
constituting those officers into board when to their
adjudication the cases were submitted at present
He apprehendcd that the most important thing was
the immediate decision of those cases one Way or
another The evil of allowing these claims to re-
main unadjused, was not confined to louisiana
it extended over the whole southwest 1t was in
deed serious evil, and demanded the prompt aten-
ton of Congress. IL the consideration Of the bill
was to be deferred for the present, he would not
make any further remarks upon it; but when il came
up, he would propose an alteration, giving to the
Commissioner Of the General Land Office equitable
powers to decide the cases. leaving to the aggreyed
opportunity ofappeal to the Secretary of the Treas
Mr.. WESTCOTT agreed with the senat or from
Arkansas that probably it would be most iudicious
that the primary decision of the cases should be
lclt WIFI ING commissioner OF the Land Office,
subject to an appeal to the Secretary of the
Treasury. He was of opinion that these "boards'
we're the most inconvenent and the most difficult
sort OF tribunals to get along with of any under
this government. One honest, intelligent, practical
business man would do moro work efficiently and
satisfactorily than any of the boards he (Mr. W.
had ever seen IN existence The Commissioner
Of the Land Office was the most suitable person to
whom should be ntrusted the settlement of these
claims, for the simple reason that by virtue of his
Office he was better acquainted with the nature and
merits Of the cases than any other man could be- |
lie had access to all the papers, and was practi-
cally acquainted with the business in all its de
tails. AS to the Secretary Of the Treasury, he had
quite enough to do to manage the concerns Of his
own own department; P and without speaking at all invid
oasly OF the present Attorney General, who dis
charged his duties with ability, he (Mr. W. re-
garded him as about the last man in the world
who should be called on to decide in these cases;
and why Simply because it was not great legal
ability that was wanted practical good sense, and
not legal knowledge, was to decide these cases.
Mr.. JOHNSON had not the slightest objection
man sted -