The daily union., 1854-12-19

seems to me that would be placing the public treasury at
he disposal OF the courts contrary the meaning of the
. CONSTITUTION ana sound policy It frequently happens
'ha' man has perfectly just claim against the gov
einmeht that his case comes within the meaning
oi law but the accounting officers reject it, because
ulaion ss;' Sy s'c, law or departmental reg
dangerous precedent Our government in It's various
must OF course deal with and make contracts
WIN thousands OF our citizens annually and of course
there must many questions arise involving the exercise OF
discretionary power There also many cases moi found
cd on contract which could not be made any court
according TO the rules OF law equity They are app-
uons to the will Of the sovereign the of beray
and generosity you please OF the people governmenf
ana Congress exercising TO limited extent the sovereign
power Is he only tribunal which grant relief We
could not by authorizing the government to be sued cut
on the right OF petition to Congress But few if any of
te States suffer themselves TO be sued by their citi
zens II would be difficult if not impossible to define or
classify the in which the should have urisdc
ton Then, again, would be obliged to reform the fee
e and say how much district attorneys clerks marsha
&C. should be paid for their services The courts have moi
time Business in the United States courts has increased
as much as II has In Congress- and the judges now
No~ as 70 the plan proposed in The bin 1t proposes the
appointment of three commissioners salary of four
thousand dollars year each hold their offices for four
years. to whom all petitions TO Congress asking relief on
account of any claim against the United shall be
referred The President will doubt select men who
have special qualifications and large stock of reputation
laid in We have right to presume in advance
that he will not But he is to appoint them by with
the advice and consent of the Senate and therefore if in
competent or unworthy persons appointed it will be
our own fault This board will be in the nature of Judi
ca tribunal and will have the motives 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 government will have
time, means, and opportunity to get at and report
the Jacts Of each case. And when that is done will
il not enable to render speedy justice to honest
creditors? viii not those who present claims upon
a partial perverted or fabricated statement of facts
ndCf1 MT L.
of an immense amount of unpleasant ess and unproft-
able labor? Under the present system committees
not get at the real state Of facts They have not time
Cases are presented a and do not take testimony
upon the part OF the government never knew commit
tee attempt to do it
In the bill presented by Mr. Whitlesey in 1885, the right
appeal from the accounting officers allowed and the
decision Of the board under five hundred dollars was made
final and conclusive. The first provision also in Mr.
agrees with that the first at any rate should be omit
ted There should be appeal from the accounting Off
GERS, who decide according to law, except to Congress
When is taken from the accounting officers should
come before the public Freedom and publicity Of debate
and proceedings essential not only the preservation
of free Institutions but the purity of all our judicial
tribunals party who wishes to take an appeal will not
be delayed by this bill. He present his petition to
Congress and file it with the Secretary of the Senate
or not and it will thus after being registered go
at before the beard The board is to report
to Congress at the opening of each session. and every
month when it in session. All petitioners will thus
have their cases speedily examined and the as which
are 50 material exactly ascertained and stated Now
many honest claims delayed from twenty years
and many improper allowances are made. When this
board is established members Of Congress will have
place TO refer private claimants and hence will not be
eiectioneered with We will not be asked to take charge
of private claims and will have time to attend other
aud important duties The board will have the
sance OF the Solicitor of the Treasury and the district
attorneys AT one time thought would insert section
providing for the appointment of solicitor to represent
the government before the board but, upon reflection
concluded do it, 1t might necessary if there was
hut onac of fhe board
6na and money paid upon them but each member Of the
board represents the government and in
examining magistrate The arguments before the board
would have be either written printed except when
otherwise ordered and then the Solicitor Of the Treasury
could represent the government and hence would be
necessary to cucumber the record which must for
review before Congress with the opinions of the solicitor
and Of the board also If hereafter it should be found
either or convenient to have such an officer the
appointment of one can easily be authorized.
have not made the decision of the board final in any
All admit that above $500 it should not be made
claim voraby reported on by the board would not be de-
ayed by Congress unless allowed upon improper princi
pies. Besides, what would be done with the applications
for pensions for the renewal Of patents? The board
might allow soldier fifty hundred dollars per annum,
but cannot tell how long he will live and hence tell
whether their decision will take more or less than $500
from the treasury. To make the decisions final would
make the board less responsible and less careful The bill
provides penalties against perjury authorizes the appoint
msnt Of two clerks, and contains other provisions calcu
lated to make the board efficient and useful.
These the reasons, Mr. Presdent-brefy, but fear,
mpcrfecy, stated-that have induced bring this
great measurefor will question its Importance
earnestly before the Senate and 10 ask for it serious and
favorable consideration.
Mr.. HUNTER in favor of relieving Congress from
the vast number of private claims which pressing
upon IT, but he would prefer court instead of board OF
commissioners he desired that the United States should
have regular attorney to represent their interests and
the claimants might also employ counsel He also wanted
the court report their decisions to Congress for its
ton He thought it was too great to give to any
court to allow them to make their decisions and draw the
money directly out of the treasury without the interven
on of Congress but if such safeguards he suggested
should be provided he should consider il the admi
rable tribunal for doing justice to private claimants aud
at the same time throwing proper checks and guards
around treasury the United States could
abshcd. IT. however, Congress would not establish
court he would be in favor of board of commissioners
preferable to the present system.
Mr.. CLAYTON thanked the senator from Pennsylvania
for introducing the bill early period in the session.
and hoped that he would press de die in diem until the
Senate should have disposed of the subject.
Mr. PETIT agreed with those who had preceded HMM
the opinion that some change in this matter ought be
made but at the time he thought that nothing short
of referring the whole matter to the judicial tribunals of the
country would answer the purpose He proceeded at
length 10 give synopsis of the plan which he would
ommend to accomplish this object.
Mr.. JONES, of Tennessee thought that there were
such conflicting opinions in regard to the details of what
all regarded important measure the subject should
bc referred 70 select committee of five members of whom
the senator from Pennsylvania should be chairman and
he hoped that they would be able after few days eib
eraon to report the bin in such form to save time
and meet the general appreciation Of the Senate He
fore submitted that motion.
After some further remarks by Mr.. DAWSON and 9th
ers the question was taken, and the motion agreed TO-
The PRESIDENT pro fem. appointed Mcssrs BRopHrAp,
JOKES OF Tennessee HrsrEn CLAYTON and Clay said