The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-12-07
Board OF Cl.ims-No. III.

Oh inc toOoy members VIII nave 10 olrect their atten
ton TO other pursuits. Congress, should think,
may well bear such loss. Ii il very contrary TO
all received notions of judicial policy that cases
should be decided upon the nd before
the advocacy of only one side. The Government
of the United States will suffer detriment, am
sure, by the change. very la rye majority of the
members of Congress are undoubtedly competent
! 10 form correct opinion of he merits Of these
cases generally, If they would or could give them
any attention. Yet, 80 notorious is the fact that
that they cannot and do not give them gen.
eral rulei any the least attention. that doubt whe
Their there is ON intelligent member who will not
readily admit that the three very weakest in the
body, if charged with the whole responsibility, and
allowed their whole time to the subject, would with
absolute certainty decide hundred where Con-
gress decides one, and decide all of them with
hundredto fold more certainty of justice than can be
expected OF the whole body itself.
! 1t is never pretended that but one man under
stands case. He is rarely allowed TO explain il =
and, if he does explain it, is listened TO by any
person whatever.
| am perfectly aware there are those who are ap-
though that would not be a bad consequence, yet
apprehend il would not have any very material
effect in that direction. II would have a most inn
porlant effect IN thisit would 10 Congress all
the time now given TO the private calender, and
thus enable it TO give just much time to the
consideration Of its high and appropriate duties.
II would remove to some extent, the essity for
those restrictions upon debate and inquiry which
now compel men even on great questions TO vote
without knowing what they are about
/ The Senate bill submitting to the House plan
OF reform on this subject passed that body early in
The late session 1t was maturcd with great care,
and after much discussion. II had, especially, the
Jealous support of eminent and experienced states
men in that body, more particularly of those who,
having had much experience in the different de-
partments of the Executive branch were beat aware
OF its Importance as measure of protection to the
! treasury
! ltpassed by vote of more than fee to one and
but for diversity of opinion in respect to mere de
tails, would probably have passed unanimously.
| 1t makes a board, to consist of three commission
ers, appointed by the President and Senate for the
term OF six years, one to go out every two years,
and all to be at any time removable for cause
| They shall sit at the scat Of Government continu-
ally-shal hear counsel for the Government in all
cases-sball decide all cases sent TO them by the
appeals from the decision of the De-
partments and that now come before Con-
gress. II is required to give written judgments in
ell cases, and report Its whole eedings to Con-
| gress-monthly when in session, and annually at
all times. Its Judgments, under certain limita
tons, (Which will include large majority ofcases)
arc to be hnal: and in respect 70 others TO be sub
mttcd TO Congress for its approval or rejection.
venture to affirm that there is not in any one of
the thirty States, any more than in the Federal
Government, any establishment, in the nature of a
judicial tribunal, perfectly guarded all points
against every possibility Of abuse.
United States attorney is TO be appointed for
| the purpose Of defending and protecting the Gov
crnment-to prepare for the Government--see that
| proper evidence Is taken-argue the cases when
necessary-and do generally in all cases, what is
now done in case that the United States have
a fair hearing in every
Now, what objection there be to the constitu-
ton OF this Boardl As to the precise range and ex-
tent ofts du es and powers, they will all of course
be modified by future legislation, if notifications
shall be shown to be necessary.
1t has three members. Is there any reasonable
! objection TO the number One man could not pos
| sibly perform the duties Tro would often divide
and prevent decisions. Three would make deci-
sions certain in all cases; and would probably be
able TO do the business.
Their mode of appointment. What other mode
can be adopted, or ia good> The heads of De-
pertments, the chiefs of bureaus and all the iud ges
| are now appointed in precisely the same way; and
indeed there is no other way, unless they could be
ballotted on by the House of Representatives; which,
| II any thing in the world could, would be worse
than popular election of judges.
! Their tenure. The life tenure Of the judicial
office is principle now coming TO be seriously
questioned by the most conservative minds. The
term may be too short, but, in the opinion Of the
Senate, it was the best thing that could be done in
! the circumstances. On this, as in other respects
the bill is the result of compromise of conflicting
opinions; and, unless gentlemen Of opposite We've
will conccde something, why nothing can ever be
done; and the whole subject must be left forever
where II now is-the treasury exposed to perpe-
tual and enormous imposition, and the citizens
without legal redress for legal wrongs.
Their compensation. That is fixed at four thou.
sand dol,nrs. II il had been one thousand, no
doubt 4 proposition would have been made to re-
ducc it, and men could be found to take shc office
But does any man suppose that such would be fit
20 perform the duties?
These men required 10 reside in the city of
Washington. They will have to cit at least nine
months of the twelve, and to labor all TIC time Ii
not as learned in the law Of the Judges Of the Su-
promo Court, they must, if they arc proper APP
poinmcnts, be Of equal ability for duties in all re.
spcrts as important those of the Supreme Court
1t will be place Of great labor and Of yet greater
responsibility. Men Of physical as well as intel.
leciual vigor viii alone be able to scquit themselves
properly in it. II will not be like the Supreme
Court, digniiod retirement for an agcd barrister
attracted more Ivy the honor Of the position than by
any other consideration. twill be suited oni
in tho prime offe, who being able TO work ,rell are
yet in such circumstances as to be willing TO work
hard for their compensation. A salary OF four thou
sand dollars in Washington City is by no means as
good sonc oftwo thousa nd in many ofecoun-
try, and equal where TO the avais Of profitable
business, conducted by men of ability and indus
try. And surely il would be pound. foolish and
penny wise policy, in respcct 10 such tribunal to
put its funotionaries upon short allowance. Con-
gress sits at daily expense of three thousand dol
lars. il gives each week one uhoie day, aud parts
Of almost every day, 20 that class Of business which
THE Board is to do; that fit works well or works
at ALL II would save to the public nine tcnths Of the
expense now incurred.
Some object that the board is to render fial de
disons. Others oppose il because the decisions are
1 IN