The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-08
THE MON.

Grafton That this should not be is very true but
should all be therefore abolished SO much IN
answer 70 the mere point OF delay
Now the question recurs. what remedy will the meas
ure proposed afford for the alleged evils AS has been
remarked, all legal claims can row be paid upon appea
lion 10 the proper department But IL is the claims which
are not provided for by law thai 10 be referred TO the
proposed board II said that the consideration of these
claims nterees with the public business and that Con-
gfess must be relieved OF their consideration Now will
gentlemen think for moment what 10 they propose 10
do! These cases which, by OF their peculiarly
do not fall within the provisions q me law 60
the making OF special new law Tor the case IN hand
The makng of laws is vested by the constitution IN Con-
gress. and Congress cannot delegate this power IN any
case il il one may, with equal propney IN all
cases and the proposed board may with equal propney
relieve Congress Of all labor upon the subject But Tins
absurd that II is needless 10 multiply words upon
this part OF the subject
The most popular plan proposed IS 10 authorize
board, provided for in the original BILL with an ator
ney represent the government, and to SIT as court
and that OF record, to have clerk and assistants
and this board thus organized TO sit as other courts
and try causes in all where The United States Is
deendantcases which have heretofore been acted upon
by Congress only Has Congress come to the period when
minors are by the common law permitted to choose
guardian For what else tins board to do by The bill
II can only hear and decide causes; which decision is
only recommendation legal advice to Congress what
should DO DONE Or. sir is this board to he kind OF
special grand jury TO determine when the United States
shall be put upon trial. and that this shall only be
when the rand nque, shall direct 1t Is special
court in which every one may sue the government, and
out precedents upon this subject, Soon after the
last with England there were many claims against
the United States Tor property lost &c. during the war
and for the greater facility OF claimants in obtaining THEFT
rig hts Congress 1915 passed law abshng board
or commissioner of claims This al period when ii
the "schoomaster" was not as much "abroad" in the
land virtue was quite much at home al present
and this act OF 1916 was limited TO two years. Before It's
expiration attention was called TO the pracces" under
apd ne 81 o s
| referred to committee OF this House, and the
Hon. Lewis Williams, late OF North Carolina, the
18th of March, 1918. from aid committee, in answer
10 resolution of the House, instfucng them inquire
into the eypediency of providing by law Tor extending
the provisions OF the act providing Tor the payment OF
claims tor property lost, &c., and for other purposes
hat in order to determine the propriey oil conn
ung the aboverecied act OF extending It's provisions
they have deemed It necessary 10 notice some OF The
practices which have grown up under the law. They
would invite the attention OF the House to report OF the
Secretary OF War, made the Goth Of February, in
compliance with resolution directing him to lay before
the House account OF the awarded to the differ
claimants by the commissioner under the act OF 9th
April, 1916 the species OF property for which they were
respectively awarded; distinguishing what sums have
been paid, and the which delay or prevent The
pay OF the residue Beside the documents from the
commissioner OF claims, the report embraces statement
from the late acting Secretary of War and from The
Third Auditor. These papers develop the fact that on
Inc frontier OF New York system OF fraud. forgery, and
perhaps perjury, has been in operation which The COM
mee believe has never been witnessed III this country,
and which they would hope has been rarely equaed IN
any other"
The committee think the not acted should
be referred 10 the War Department, and add that al
present all claims of $500 and upwards decided by the
commissioner, be revised by the Secretary of War
before they can be paid
| Mr. Williams further says: I" The committee cannot
express their deep regret that any portion OF the
pie of this country should far forget the obligations OF
morality and social order engage practices such
have been developed Sill do they regret that
law originating in the benign and charitable dispositions
of government should be prcslu:ed TO purposes OF such
inquiry II any people had reason TO be vruous
|
The opportunities oil life are numerous and easy, the
rewards OF honest exertons perfectly secured 10 every
individual, that any departure from correct principles
must be the result oil deepTooted and causeless deprav
y Against such offences the denunciailons OF reason
will be Of no avail They are to Be- s.a R only BY
which have arisen under the law. the feel
hesitation in saying that the act should be permitted to
expire" And though, the fifteenth Congrees-aDd the
act permitted to expire and thus persisted the only
comm ssoner board OF claims of the character pro-
posed ever established BE- Congress This experiment,
satisfied the country that good would not OF boards
oil claims but this lesson, il is supposed, has far
passed from the memory of the public and OF Congress-
that another trial be now had and we are now asked
10 establish what has been proved inefficient and danger
public morals and 10 the public interest Gentle
men cay that membsre cannot understand the
before Congress- and that this board will enable them
comprehend. Now, sir, by this bill, if petition does
conia upon its face case requiring relief in the opin
ion of This board proof shall be taken By said board
but the party may apply Congress, and Congress will
investigate al present, by Inference OF its
rous committee just though said board had not been
created Ii the case is one where the petition contains
matter for relief in the judgment OF the board, proof is
ordered 10 be iaken and trial is had II the board
ject, then must report the whole case, proof, their
opinion and ALL TO Congress- and must be referred and
pass through all The forms al present; and il said
board allow said claim give judgment in favor OF the
claimant then the facts, proof, opinion, and all
must be reported TO Congress, and must be referred to
committee, and reported upon, and understood by Con-
gress for, II the case is propes one Congress must
leg state specially relation II; Now, sir if this
Legislation done the bidding of this board and with
out examination, then is the Legislation OF The board,
and not OF Congress while, if Congress does its duty,
and properly investigates the facts, and egsates
should DO upon thus knowledge, then the trial by the
Fairly presented what good is result from the passage
of this bill IL Congress that must legisaie and to
justify Congress in egsaing the facts must be under
stood Its members selected and sent here because
they supposed 10 understand their duty; but this bill
would fairly infer very different state OF facts Is it be
legal Questions may arise that should be thus
vtsgapdl Congress is the constitutional court for the
determination OF such questions; and do gentlemen think
Congress inadequate 10 the task and propose the esab
l,shment OF the board court, having Jurisdiction,
but only kind Of court, the decisions OF which
gres- Sir, il they for this BILL they for all these
absurdIties.
Sir, there now in every State and Territory
OF this Union held by United States officers, who
the receipt OF salaries from the government and il
Congress determined change the present mode then,
sir the best thing that be done, if change be.
TO let the amendment offered by the gentleman from North
Carolina be adopted referring these 10 the courts
organized, TO be examined and reported tor the
ton OF Congress Sir, VI tired OF the discharge
Of constitutional duties. and must be relieved, then
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