Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-12-20

courts of claw and equity" 1t would be diff
cult for us to establish the rules by which the
courts should be governed, in the great variety
Of applications for equitable relief. II would
introduce dangerous element into our judi
ciary system. And who is to represent the
government? 1t may be said, the district
attorneys. The decision of the courts, Of
course, would have to be final and conclu-
sive; and therefore, if district attorney
should not do his duty, should be ignorant
or corrupt, the decision would be against
the government, and large sums of money paid
on 1t. 1t seems to me that it would be placing
the public treasury at the disposal of the COURTS
contrary TO the meaning of the Consultation
and sound policy. 1t frequently happens that
man has a perfectly just claim against the
government, that his case comes within the
meaning of Law; but the accounting officers
reject it, because they are governed by a strict
law or departmental regulation, which cannot
be relaxed without establishing dangerous
precedent. Our government, in its various
transactions, must, Of course, deal with and
make contracts with thousands of our citizens
annually, and, Of course, there must many
questions arise involving the exercise of dis
cretionary power. There are also many cases
not founded on contract which could not be
made out in any court according to the rule
of law or equity. They are application
will Of the sovereign, to the sense Of ilDei1ll(
and generosity, if you please, Of the people or
government; and Congress, exercising to a
limited extent the sovereign power, is the only
tribunal which can grant relief. We could not,
by authorizing the government to be sued, cut
off the right Of petition to Congress. But
few if any of the States, suffer themselves to
ha ouad hr. fbasr all. II L.
difficult if not impossible, to define or classify
the cases in which the courts should have juris-
diction. Then, again, we would be obliged to
reform the fee bill, and say how much district
attorneys, clerks, marshals, &c, should be paid
for their services. The courts have not time.
Business in the United States courts has in
creased as much as it has in Congress, and the
judges are now inadequately paid.
No,o as to the plan proposed IN the bill. 1t
proposes the appointment Of three commits
sioners, at a salary of four thousand dollars
year each, to hold their Offices for four years,
TO whom all petitions to Congress asking relief
on account of any claim against the United
States shall be referred. The President will
no doubt select men who have special qualif-
cations and large stock of reputation laid in.
We have no right to say or presume in ad-
vance that he will not. But he is to appoint
them, by and with the advice and consent of
the Senate, and therefore if incompetent or
unworthy persons are appointed, it will be our
own fault This board will be in the nature
of a judicial tribunal and will have the mo-
tives to correct conduct to which alluded in
the commencement Of my remarks. They
will be in session the whole year, will have
power TO take testimony in behalf Of the gov
eminent, will have time, means, and opportu.
nifty to get at and report the facts Of each case.
And when that is done, will it not enable us to
render speedy justice to honest creditors
Will not those who present claims upon par
tial, perverted, or fabricated statement of facts
be confounded? Will not committees be
relieved of an immense amount of unpleasant,
useless, and Improbable labor? Under the
present system, committees cannot get at the
real state of facts. They have not time.
Cases are presented er parte, and we do not
take testimony upon the part of the govern
ment. i never knew committee attempt to
do it.
In the bill presented by Mr.. Whittlesey in
1888, the right Of appeal from the accounting
officers was allowed, and the decision of the
board under five hundred dollars was made
final and conclusive. The first provision was
also in MIR. Rockwelrs bill. have omitted
both, and Mr.. Whittlesey agrees with me that
the first, at any rate, should be omitted There
should be no appeal from the accounting off,
GERS, who decide according to law, except to
Congress. When a case is taken from the &C
counting officers, it should come before the
public. Freedom and publicity Of debate and
proceedings are essential not only 10 the pre-
servation Of our free institutions, but 10 the
purity Of all our judicial tribunals. A party
who wishes TO take an appeal will not be de-
layed by this bill. He can present his petition
to Congress, and file it with the Secretary of
the Senate or Clerk Of the House, whether
Congress is in session or not, and it will thus,
after being registered, 20 at once before the
board. The board is to report to Congress at
the opening of each session, and every month
It is in session. All petitioners will thus have
their cases speedily examined, and the facts,
which are so material, exactly ascertained and
stated. Now, many honest claims are delayed
from one to twenty years, and many improper
allowances are made. When this board ia es-
tablished members Of Congress will have
place 10 refer private claimants TO, and hence
will not be electioneered with. We will not be
asked TO take charge Of private claims, and will
have time 10 attend 10 our other and more i'm.
portant duties. The board will have the as
sistance Of the Solicitor Of the Treasury and the
district attorneys. At one time ] thought
would insert a section providing for the ap-
pointment Of solicitor 10 represent the gov.
eminent before the board, but, upon reflection,
concluded not to do it. 1t might be neces.
sary fthere was but one commissioner, or the
decisions Of the board made final, and money
paid upon them; but each member of the
board represents the government, and is in
some measure an examining magistrate. The
arguments before the board would have TO be
either written or printed, except when other
wise ordered, and then the Solicitor OF the
Treasury could represent the government, and
hence il would be unnecessary to cucumber the
record, which must come up for review before
Congress, with the opinions Of the solicitor and
Of the board also. IL hereafter it should be
found either necessary or convenient to have
such an officer, the appointment Of one car
easily be authorized
have not made the decision OF the board
final in any case. All admit that above $500
IL should not be made conclusive. Then, why
make il below that sum2 A small claim favor,
ably reported on by the board would not be de
layed by Congress unless allowed upon i'm
proper principles Besides, what would be