The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-01-05
CLAIMS AGAINST THE UNITED
STATES.

gress appears to concede, that something
ought to be done, to provide for the more
speedy adjudication Of claims against the
United States. The special Legislation Of
Congress never has been adequate to dis
pose Of the claims Of citizens upon the Uni
ted States, and never wall be. In view Of
remedying this evil, occasioned by the i'm
possibility Of Congress doing Justice to
private claims, in consequence Of the neces-
sary slowness with which all deliberative
bodies move, the present able and indefat-
gable Chairman Of the Committee on Claims
inthe House Of Representatives, Mr.. JOHN
A. Rockwell Of Connecticut, has reported
from that Committee, bill to provide for
the settlement Of claims against the United
States. That bill is now under discussion
in Committee Of the Whole House
Mr., Rockwell's remarks, in vindication
Of the bill, acknowledge the great difficulties
which environ the question. He does not
appear to regard the bill as perfect one.
| 1t is the best bill which the Committee
could agree upon, with any prospect Of its
becoming law. He admits that it does
not come up to his idea Of a perfect remedy
in the premises. His exhibition. Of the in
justice done by the United States to claim
ants, is a conclusive argument in favor of
doing something without delay to remove
the just complaints against the present state
Of things. The people Of the United States
owe debt Of gratitude to Mr. Rockwell,
for the ability with which he has indicated
their rights His clear statement Of the sta
tistics Of claims allowed and Enacted upon,
has carried conviction to every mind, that
this thing ought not to be suffered to con
tinue.
Messrs. G. J Ingersoll, Duer, Mulin
and Ficklin, in their remarks, confessed that
something should be done but they pointed
out many things, which they regarded as
defects in the bill. They DO not think, that
, the provisions Of the bill are capable Of ac-
complishing the objects intended to be
sought.
Mr.. c. ]. Ingersol could see no reason
why the determinations Of the proposed
Board Of Claims should not be final.
Mr.. Duer thought that no claim should
be entertained, unless based upon ground Of
claim in law and equity against an indiyidu-
al, or unless it was such a claim as it was
the practice Of governments to alow,-that
all claims should be barred where ten years
had elapsed after their accrual, and they had
not been laid before an Congress--that ad-
verse report Of the Commission and the ad-
verse action Of Congress upon given claim,
should be a bar to it,--that the report ofthe
Commission in favor Of claim should
not be binding on Congress-tha adverse
reports Of the Commission upon claim
should be fnal-that law officer to protect
the interests Of the United States before the
Commissioner, ought to be appointed-and
that all claimants should go directly before
the Commission with their claims.
| Mr.. Mullin was of opinion that the action
Of the Commission on claims ought to be
final up to certain amount to be fixed by
law; but he preferred that every claimant
against the United States should have pow
er to go with his case before the courts Of
the State wherein he resided, to be adjudi-
Gated either with or without jury. He
thought it was the fairest, the speediest, the
most direct and the most judicious mode Of
adjustment But if this plan could not be
adopted, he was opposed to making the Board
of Commissioners permanent one. lie
| would limit its existence to a stated period,
because a permanent board would be liable
to be prostituted to corrupt purposes.
Mr.. Fcklin was opposed to appointing
the Commissioners for life. He thought
that four years term, was long enough.
He also was opposed to the creation of a
Board Of three Commissioners. One, he
considered, was quite sufficient, provided
there was solicitor appointed to guard the
interests of the United States. The frank
ing privilege granted by the bill to the COM
mission, he was by no means in favor Of.
twill be seen, from the ideas thrown out
in this discussion, that the subject is full Of
difficulties Our own opinion is, that the
root Of this matter has been inadvertently
overlooked The evil, now sought to be
removed, will never be cured, until the Uni
ted States shall be treated in law as an in
dividual--in other words, until they be
clothed with the power Of being sued at law,
or in equity.
We never could be convinced Of the JUS
tice Of that policy, which prevents the Uni
ted States from being sued The argu-
ments in favor Of it strike at the very basis
Of the inviolability Of contract. As well
might individuals claim the same exemption.
Mr.. Rockwell informs us, that in every
other civilized nation on the globe, govern
~ ante .llnv, thac.n.l,x.. 4