Washington sentinel., 1855-03-09
q 0 m munitate6.
For the Washington Sentinel.
History Of the bill Establishing the Court
OF Claims.

accumulation OF private claims before Con-
gress, it appears that on the 10th Of February,
1888, upon the motion Of Mr.. Henry, the
House of Representatives passed resolution,
as follows, viz:
"Resolced, That the Committee of Claims
be instructed to inquire into the expediency OF
establishing by law board Of commissioners,
for the adjustment and final settlement of all
private claims against the government"
On the 2Sth of March, 1888, this committee,
through its organ, Hon. Elisha Whittlesey,
made detailed report (No. 1907 showing the
various modes previously adopted by govern
| ment to secure the adjudication of such claims,
and recommended bill III. r. 696, I'd Sess.,
| 25th Cong.) "to establish board OF commits
sioners to examine and decide certain claims
against the United States" The system of
settling difficulties and accounts by such COM
| missions, not having previously worked well,
some members were doubtful Of the sufficiency
| of the proposed commission for the purpose
| for which it was designed. To meet this
doubt Hon. II. M. L. Hunter, on the 2lst Of
| April, 1888, submitted substitute, to autho-
rize the District or Circuit Court of the District
Of Columbia to adjust all such cases. and al
| low suitors six months within which to appeal
1 HUN ucClolOIio luCu OUldlutu W tuC OupIcIuc
Court. Neither of these schemes was, how
ever, perfected, and during the then monetary
and political revulsion the whole subject was
allowed to rest
| In March, 1916, Mr.. Grider, from the Com
mittee on Revolutionary Claims of the House
of Representatives, was instructed to report
/ upon this subject, which he did, by renewing
the one above named as No AL, lst Session,
29th Congress, accompanied by reprint of
both Mr.. Whittlesey's and Mr.. Hunters propo-
sitions, as II. r. Bill No. 3l4. Again Con-
gress adjourned without definite action upon
the subject.
! In April, l84s, under instructions from the
House Of Representatives, Hon. John A. Rock
well, as the organ of the Committee Of Claims,
reported bill (H. r. 4l2, lst Sess., both
Cong.) "to provide for the settlement of claims
against the United States" accompanied by
an able report No. 498) showing the defects
of the existing system, and advocating the bill
which proposed a commission. This attempt
also failed Of success.
| In the Senate on the 26th of January, lS49,
Mr.. Bradbury from the Committee Of Claims
30th Cong.) which, in all material respects,
was like that reported by Mr.. Rockwell Of the
preceding session. This too failed to be re-
sponded TO by Congress.
/ In January, 1850, Hon. Mr.. Hunter intro
troduced n bill (Sen. II, lst Sess., 3lst Cong.)
"to establish board Of accounts" The char
acter of this proposition appears TO have been
intended to accommodate the views Of those hold
ing opinions favorable to Commission instead
Of a Court, but while his bill provided three
| Commissioners" it also looked to inalty OF
adjustment before the same as a court Of appeal
t-subject to the concurrence by Congress in
| their report; and the tenure Of office was made
| independent, like that Of courts Of highest re-
sort. This bill was amended so as to take
away the independent tenure Of the Commits
sion, and thus passed the Senate, being the first
time either Of the systems proposed, ever re-
ceiyed the sanction of either branch Of Con.
gress. On its consideration in the House Of
Representatives, Mr.. Daniel proposed TO sub.
stitute for the Senate bill, measure similar
to that offered by Mr.. Hunter in 1888. Again
| the measure failed.
| In February, 1853, Mr.. Bradbury introduced
bill (Sen. 643, I'd Sess., 32d Cong. "to estab.
lish Court" &C., with three judges, similar to
the proposition Of Mr.. Hunter, except that the
tenure Of their Office was restricted so as to re-
quire reappointment every six years. No action
was taken upon this measure BY the Senate.
| During the lst Sess., 33d Cong, two similar
| propositions for a court Of claims were intro
duced in the Senate, the first by Mr.. Bright,
! las bill, Sen. 95,) and the second by Mr. Hun
ter las bill Sen. 1907 But no definite action
was taken until the recent session, when Mr..
Brodhead proposed the same bill (Sen. 499, I'd
Sess., 33d Cong.) that had been previously pre-.
sented to the House of Representatives by
Messrs. Whittesey, Grider, and Rockwell re.
spectively. 1t was referred to the Committee
Of Claims and by il reported back without
amendment. But subsequently,, upon being
taken up for consideration, it was, on motion
of Hon. James G. Jones, referred to select
committee, consisting Of Messrs. Brodhead,
Hunter, Jas. c. Jones, Clayton and Clay. And
on the 10th December last, said committee re.
ported in lieu Of ii Sen. bill 523, providing for
a court according to the plan previously pro-
posed by Mr.. Hunter, and to some extent
adopted by Messrs. Bradbury and Bright.
This bill had in its favor, both on its general
features Of court and the propriety OF the ten.
ure by which its commission is held, four Of the
| five members Of the committee Mr.. Brod-
head, alone, believe, holding to the principle
of creating with n restricted tenure mere com.
mission for taking and arranging evidence
But he magnanimously entered into the work,
and though overrued both in committee and
in the Senate on minor points, aided in press
ing the measure TO final vote. The Commit
tee Of Claims in the House of Representatives
proposed an amendment, but, finally the House
adopted the bill as il left the Senate, and il is
now a law.
The basis of the structure, to which the de.
tails were made to conform, is contained in the
first section, the original draft Of which, is in
my possession, in the handwriting Of Hon. R.
M. I. Hunter. / make this statement Of facts,
because have observed in your editorial Of
the 25th ultimo, ms well as in several prints in
this city and elsewhere, intimations which,
while they endorse the very praiseworthy con
duct Of Mr.. Brodhead in the Senate and Mr.. J.
CLANCY Jones in the House Of Representatives
they seem to do so at the expense Of others,
who, for years, have been laboring to secure
the organization Of this court Of claims while
the truth Of history demands that in a matter
which must command the respect and admira-
ton Of future generations, no partial or erporte
statement should obtain. / hope, therefore, to
be excused for asking that the measure Of credit
in this matter be meted out, as well to the au
thor Of the law, as to those who at the recent