The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-12-09
lcoMmUNIcATED.

amount OF Claims now depending before Cong ress,
or sleeping in the clerks offices and committee
rooms. They are computed to over twenty thou
sand. Some annually presented, and being re-
jected, or not noticed presented again. Others
come up at longer or shorter intervals No statute
| OF limitations doctrine of prescription applies.
| There they are, (and the great orator of the
North said of the revolutionary monuments OF
| Massachusetts,) "there they will be forever. "
Persons interested in old claims don not forget the
| story OF Amy Darden's horse. He had a OF
forty or fifty years, and though sorry beast at
first, was finally paid for by the Government, at an
expense which would, at the least, equip whole reg
ment of dragons. So of the Gaphin If it had
| been paid, when, as matter Of common honesty,
it ought to have been paid, forty five thousand dol
lars would have discharged the debt, and the man
entitled have enjoyed his rights. But by this sys-
tenn, which some are absurd enough to adhere to,
the creditor dies under the claws delay, }" and ul
tmatey it takes quarter of million to pay heirs
and attorneys, to say nothing OF good many thou
sand more spent afterwards in squabble about it,
when it had been paid; and this last expenditure
made by men who first order it to be paid, then
| raise a clamor because it was paid, and wind up
with refusal to test the legal propriety of its pay
| ment before the highest court of the Republic.
| 1t is said, however, that the numer-
1
great deal of money TO pay. And it is argued to be
better to refuse payment of just demands than incur
| the hazard of having pay bad ones. Thre is no.
thing in the objection, for undoubtedly the Govern
ment would save great deal of money by settling
all cases at once. And have doubt that, in the
whole process of relief, the annual expenditure
would be less than it now Is, making fair esti-
mate of expenses and appropriations.
But, supposing it were otherwise, and the Govern
| ment would have to pay up good deal Of money,
would it be right to get clear of the payment Of
what is really due by policy of wholesale repudi
alton; in other words, by means Of downright and
| undisgused dishonesty?
| can hardly imagine any change that would not
he for the better If there be any conceivable plan
worse for the Government think it would be that
possibly offered substitute by the Chairman Of
| the Committee of Claims. Even that would be bet
ter for the individual claimants, though exceed
| ingly nconvenient system for them.
| The honorable chairman of the Committee OF
Claims has submitted substitute for the Senate's
bill, which, as understand it, proposes to make
| regular law suit of every individual case, have
the whole conducted npon the largest possible scale
| of expense, and then make the Government
sponsible for all expenses, except in cases where
responsible parties entirely defeated that is in
suppose, ninety nine cases out OF hundred the
Government would pay all costs.
By suits arc to be brought in any and all the dis
| trict circuit courts of the United States,
''whereon any citizen citizens The United States
feel aggreved by the decision Of the proper account
ing officers Of the Treasury Department." That the
United States Attorney shall be made party;
that he the Attorney, shall notify the Treasury De-
partment, and transmit copy Of the petition to
the Departments; and that it shall be the duty Of
that Department to transmit back again to him,
''as soon possible" ga full statement Of all the
material facts of the case ,cih the reasons of its reec
| tion,' &c.
Then trial may be had, with or without jury,
as the parties and the court may determine and
prefer. Dispositions, if taken, must be taken in
court and recorded "Ihe officers of the court shalt
be entitled to receiue the suits a,ttori sed by this
act such fees as are by ia,o established for like
suits Of equity said court" to be paid "by
The petitioners the United States, the opinion
# the court the case may require.
Parties able to pay are required to give security;
those not able, may sue without it.
The objections to this whole plan, from the be-
ginning to the end, are as numerous they are
answerabe
| shall only mextion few:
In the first place, it does reach half the cases.
of which Congress should be relieved, and is there
fore substitute for plan aiming at such relief.
In the next, it indicates locality for the trial
which does not in more than very few cases, offer
any accommodation to the private party, with
whom it is easier to go to Washington than to the
the District Court or Circuit Court; and it takes
| the government off from the place where it has
the evidence on which it relies, and requires it
to be sending back and forward through the
whole country copies of all its records that party
may choose to call for. II makes it duty Of
the attorney TO have this done in every case. IL
will suits TO be brought in thousand of cases
where they would not be brought if the trial
be had before and the tribunal, for the OBJ
vious reason, that court, charged with the whole
subject would OF course make uniform decisions,
and, by single decision, thus settle classes Of
cases. whereas the various district and circuit
courts might decide the questions in different
ways and appeal is allowed in any under five
hundred dollars. There might be different law for
each locality, and certainly would be many conflict
ing and opposite decisions An claimant OF
a sum over five hundred dollars may not only carry
his suit in the circuit district court at the
tire ex pense of the Government, but be may go
also free of expense to the supreme couIi, (and
who do ubts he would always go p whilst solvent
one, who can pay his way, is not allowed TO take
up an erroneous decision, If under five hundred
dollars. AS said, every single case must be
regular lawsuit, and the acquisitions such that
they can be avoided in case.
| have heard tell Of men who would never pay
debt without the sherff's or constable's receipt
But can hardly suppose it possible that our wise
men will deem such practice prudent policy for
the Government. The substitute would place il in
this wise position-that, owing large sums in in
Vulnerable fragments it should be compelled 10
pay the whole, with full set Of costs in every in
dividua case, and that, too, upon the most e1trav
| agant scale-tho scale of chancery fecs.
There would be attorneys fees for both sides,
where the Government ia cast, where the party
cannot pay, the jury's pay, clerks fees, marshals
fees, fees for taking dcpositons fees for copying
over the records of the Department. postage, &c,
&c; and this, too, in every possible case. The
substitute would not belle its baptism If it had been
entitled "a bill to revive the present lanquishing
condition Of the legal profession in the immediate
vicinity Of district and circuit courts and to enable
the district attorneys, after holding office under one
| administration 10 retire"
When remember the fees made on a single
| cargo of tea in Philadelphia and how, in all man
ncr of cases. the fees of attorneys may be- and have