of the Limitation Act. Messrs. MACON, SITGREAVES, and HARPER, wished the matter to go again to the Committee of Claims, as many members now in the House were unacquainted with the merits of the claim; and the latter gentleman, because he thought the House had been surprised into a decision, contrary to fifty other determinations on similar questions, which ought now to be reversed. Mr. CLAIBORNE opposed this course, and trusted the House would again be influenced by the justice of the claim, to act as they had heretofore done, by passing a bill for the relief of the petitioner. Mr. GALLATIN thought it would be best to commit the business to the same Committee of the Whole to which they had yesterday referred a report of the Committee of Claims on the subject of excepting a certain description of claims from the operation of that act. The business was, however, closed by Mr. CLAIBORNE'S withdrawing his motion for the present. MONDAY, December 11. Two other members, to wit: JAMES GILLESPIE and JOSEPH MCDOWELL, from the State of North Carolina, appeared and took their seats. TUESDAY, December 12. Mr. GALLATIN called for the order of the day on the report of the Committee of Claims, to whom it was referred to inquire into and report on the expediency or inexpediency of designating certain claims against the United States to be excepted from the operation of the acts of limitation; which being agreed to, the House accordingly resolved itself into a Committee of the Whole on the subject, Mr. DENT in the chair. The report was read, as follows: The Committee of Claims who were "instructed to inquire into, and report on, the expediency or inexpediency of designating certain claims against the United States, to be excepted from the operation of the acts of limitation," report: That, in obedience to the orders of the House, they have made all the inquiries which to them appear necessary; that they have attentively and deliberately considered the subject referred to them; and are of opinion that it would not be expedient to designate any species of claims against the United States which are now affected by the acts of limitation, to be excepted from the operation of those acts. In considering this subject, a review of the situation of the United States, as respected their finances, during the period when most of the demands originated, was requisite. It was also necessary to ascertain what measures had been adopted by Congress, both under the old and under the present government, to bring all the demands against the States to a liquidation and settlement. It will be recollected, that, at the commencement of the war, the United States were destitute of money; and during a long period of years afterwards, were obliged to rely principally on credit, for carrying on all their important operations. [H. OF R. Having, at that time, no settled National Government, a regular system for conducting public business, especially money transactions, depending on credit, was not to be expected. Great numbers of individuals were necessarily invested with the power of binding the public by their contracts. Almost every officer of the Army, whether different stages of the war, had it in his power to conin the Commissary's Department or otherwise, in United States. We find Congress, at various times, tract debts legally or equitably binding upon the during the war, endeavoring to make arrangements which should prevent an undue use of the powers vested in individuals, and the dangerous consequen. ces to which the Government was thereby necessarily exposed. The acts of the 5th of March, 1779, and of the 23d of August, 1780, were calculated to limit the public responsibility in such cases. After the peace, and under the old Government, periods were prescribed, within which claims of certain descriptions, and finally all unliquidated claims, were to be exhibited for settlement, or to be for ever thereafter barred. It must be acknowledged by all, that during those periods every provision which could rationally have been expected was made for the accommodation of individuals having claims against the public, to enable them to obtain proper settlements of their demands. The journals of Congress under the confederation will abundantly justify this remark. Commissioners were appointed, with special or general powers, to settle the claims of individuals in all the departments; and, in every instance, the powers given were plenary and explicit. Sufficient time was given for every one to obtain information and pursue his remedy; and ample opportunity was given for all to substantiate their claims, or, at least, to present abstracts of them, which would have prevented their being foreclosed by the acts designed eventually to operate upon them. The cases cannot be numerous, in which the want of opportunity to bring forward claims can be justly pleaded as an ex cuse for the omission. By the act of the 17th of March, 1785, all persons having unliquidated claims against the United States were required, within twelve months, to exhibit particular abstracts of such claims, to some of the Commissioners in the State in which they respectively resided, who were sent and empowered to settle aecounts against the United States, under the penalty or condition that accounts not so presented, should be thereafter settled only at the Treasury. By another act of Congress, of the same year, viz: November 2d, 1785, all persons having claims for services performed in the military department, were directed to exhibit the same for liquidation to the Commissioners of Army accounts, on or before the first day of August, then ensuing. By that act it was expressly resolved, that all claims, under the description above mentioned, which might be exhibited after that period, should be for ever thereafter precluded from adjustment and allowance. And it was provided, by the act of July 23d, 1787, that all persons having unliquidated claims against the United States, pertaining to the late Commissaries', Quartermaster's, Hospital, Clothier's, or Marine department, should exhibit particular abstracts of such claims to the proper Commissioner appointed to settle the accounts of those departments, within eight months from the date of the said act; and all persons having other unliquidated claims against the United States, were to exhibit particular abstracts thereof to the Comptroller of the Treasury of the United States, within one year from the date thereof; and all accounts not exhibited as aforesaid, were to be precluded from settlement or allowance. These regulations were adopted by Congress under the old Government. Great care was taken to have them extensively published, so that every individual who was interested might be informed of their existence and operation. Under the present constitution there has not been wanting a disposition to relieve certain individuals whose claims were considered as peculiarly meritorious, which had been affected by the acts above recorded. With this view, in March, 1792, two several acts of Congress were passed, suspending for two years the operation of the resolutions of Congress of November 2d, 1785, and July 27th, 1787, so far as they had barred or might be construed to bar the claims of the widow or orphans of any officer of the late army, to the seven years' half pay of such officer; or the claims of any officer, soldier, artificer, sailor, and marine, of the Army of the United States, for personal services rendered to the United States in the military or naval departments. In consequence of these suspensions, many claims were exhibited, and allowed against the Government. There is reason to apprehend, in some instances, the public were defrauded for want of proper pre-existing checks and evidences of payments being made. This suspension continued for the term of two years, which was till March, 1794. In the mean time, viz: on the 12th of February, 1793, the act "relative to claims against the United States, not barred by any act of limitation, and which had not been already adjusted," was passed by Congress, after a serious and attentive consideration of the subject. By that law it was provided, "that all claims upon the United States for services or supplies, or for other cause, matter, or thing, furnished or done, previous to the 4th day of March, 1789, whether founded upon Certificates, written documents from public officers, or otherwise, which had not already been barred by any act of limitation, and which should not be presented at the Treasury before the first day of May, 1794, should for ever after be barred and precluded from settlement or allowance." But this was not to be construed as affecting Loan Office certificates, certificates of final settlements, indents of interest, balances entered on the books of the Register of the Treasury, registered certificates, foreign loans, or certificates issued under the act making provision for the public debt of the United States. [DECEMBER, 1797. It was essential to the public administration that the extent of just demands upon the Government should be, within a reasonable period, definitely ascertained. It was essential to public safety and to right, in relation to the whole community, that all unsettled claims should be made known within a time when there were yet means of proper investigation, and after which the public responsibility should terminate, and the possibility of charging the Government by collusive and fictitious contracts, should be at an end. The justice as well as policy of acts of limitation, under such circumstances, cannot be doubted.* The situation of no country ever presented a more clear necessity for, or a more competent justification of, precautions of that nature. And all the reasons for adopting them operate to recommend unusual caution in departing from them, with the additional force of this circumstance, that the subsequent lapse of time has increased the difficulties of a due examination. The accounts of a considerable number of officers, who had it in their power to bind the public by their contracts, and who were intrusted with large sums of money for fulfilling their engagements, remain unsettled. Some of those persons are dead; others have absconded; the business has been conducted *Acts of limitation have been found necessary in all countries, and in all sorts of claims, to quiet demands, bring things to settlement, and to protect the fair dealer from stale demands, after time and accidents have deprived him of the means of invalidating them. Necessary in the transactions of individuals, they become still more so in the transactions of the Government. Its officers are constantly changing, and the knowledge of transactions continually being lost, and the representatives of the Government without the personal interest which stimulates inquiry and invigorates defence. The Government becomes helpless against claims, even the most unjustifiable, after the lapse of some years; and, without the protection of a statute of limitations, is subject to continual impositions. This was well known to the conductors of our Revolution, and the founders of our Federal Government; and they took care, as they believed, to provide against a danger which they knew to be imminent. Equally solicitous to pay every valid claim, and to avoid the payment of unjust ones, they began even during the war to call upon all claimants to present their demandsto furnish abstracts when the case was not ready to be proved up. These calls were redoubled at the conclusion of peace, were repeated during the existence of the confeder ation, and reiterated at the formation of the new Govern ment under the constitution. They took the form of law, and barred the claims which were not presented within limited times. The final bar was seven years after the new Government went into operation. The committee, of which Mr. Gallatin was chairman, made an enumeration of these One other act, passed the 3d day of March, 1795, provided that Loan Office certificates, final settlements, and indents of interest, then outstanding, should be presented at the office of the Auditor of the Treasury, on or before the first day of January, in the present year, 1797, or be for ever after barred or pre-different statutes, and reported in favor of their observancecluded from settlement or allowance. The summary contains a general view of the principal acts of limitation, by which claims against the public have been affected. From an attentive consideration of them, and of the circumstances under which they were enacted, the committee are fully impressed with an opinion that it would not be expedient to suspend their operation. Some remarks extracted from a report heretofore made to Congress, are subjoined by the committee, as pertinent to the subject. a report in which the House concurred, and to which Congress then conformed its action. These statutes, and the reasons in which they were founded, seem to have been since forgotten; and stale claims let in upon the Treasury without restraint, and proved without difficulty, which no call could bring forth at the time they were supposed to have originated. It is instructive to look over the list of these statutes, and see the reasons in which they were founded, and the offorts made to call in all valid claims, and the attention paid to them fifty years ago, and the disregard since. by others with so little order as to put it out of their power to render a proper statement of their transactions. The books and papers of others, who had extensive trusts, have been destroyed, so as to preclude the possibility of settlement. Hence it must appear that the Government would, in a great number of cases, be destitute of the means of repelling unfounded and even satisfied claims, for want of documents and vouchers, which only could have resulted from a due settlement with those officers, and from the possession of their books and papers. It might be inferred without proof, and it has appeared in the course of business at the Treasury, that it was a practice with certain public officers, on obtaining supplies, to give receipts and certificates for them, and when they made payments, either partially or totally, to take distinct receipts from the parties, without either endorsing the payment upon the original vouchers or requiring a surrender of them. [H. OF R. Mr. CLAIBORNE made that motion, which Mr. Corr moved to be referred to the Committee of Claims, in order that they might report the facts relative to the case, which were not gener-` ally known. Mr. CLAIBORNE objected to this; and Mr. BALDWIN suggesting the propriety of committing it to the same Committee of the Whole, to whom were referred the subject of considering the expediency of excepting certain claims from the operation of the limitation acts, this course was adopted. FRIDAY, December 22. Mr. DAWSON wished to call the attention of the House to a subject, which, he doubted not, Hence it would often happen that parties could pro- would interest the feelings of every member. duce satisfactory vouchers of their having performed The subject he alluded to was the situation of services and furnished supplies, for which, though General Kosciusko. It was a fact well known to satisfaction may have been made, the evidences of it every man in this country, it was a fact known would not be in the possession of the Government. to the world, that this brave man entered into And hence, from relaxations of the limitation acts, the service of the United States, at an early pethere would be great danger that much more injus-riod of our Revolutionary war. When this sertice would be done to the United States than justice to individuals. The principles of self-defence, therefore, require and justify an adherence to those acts generally; and there are not any particular species of claims, which, in view of the committee, ought to be exempted from their operation. vice was ended, he received from the Government a certificate of what was due to him. He returned to Poland, his native country; there, animated by the same spirit which had led him to take a part in our struggle for independence, he endeavored to overthrow the existing tyranny, Those which have been most frequently referred and to introduce in its place liberty and indeto by some members of the House, are such claims as pendence. For some time his attempt seemed include the arrearages of pay and other emoluments likely to be crowned with success; but, on the to officers and soldiers of the late army, &c. fatal 10th of October, 1794, overpowered by Pursuant to an order of the House at the first ses-numbers, he was defeated and taken prisoner. sion of the present Congress, a report was made to them, having special reference to this subject. It was considered in Committee of the Whole, and agreed to by the House on the fifth day of February, 1796. To that report and the documents accompanying the same, the committee ask leave to refer the House, and respectfully submit the whole subject to their consideration. Covered with wounds and with glory, he was conducted to the prison of Petersburgh. When he was released from thence, he immediately set out to this country, here to spend the remainder of his life. He was now within this city; but, from the wounds he had received in his arduous but unsuccessful conflict, he was unable to walk or to attend to any business. The unfortunate day on which he was taken prisoner, he lost his all, and with it the certificate of the services rendered to the United States. He was unable, therefore, to obtain a settlement of his account at the Treasury. To set aside all difficulty in the matter, Mr. D. proposed to offer a resolution to the consideration of the House; and as it was justice only which he sought for this brave man, he doubted not that a spirit of justice would ensure its adoption. It was to the following effect:. "Resolved, That a committee be appointed to inquire and report whether any, and, if any, what provisions are necessary, to obtain payment of the claim of Gen. Kosciusko on the United States." H. OF R.] General Kosciusko. [DECEMBER, 1797 sor as the chief cause of his own misfortunes, | in the mean time, stand in need of it, it might and those of his country, he did not wish to be be proper in the United States to anticipate its under obligations to him. The certificate given return, by settling the account with the General. to the General on his departure from hence, was He hoped in whatever way this business was effor $12,800, upon which he had received only fected, it would be in such a way as not to one year's interest. He hoped, therefore, as he wound the feelings of a man who had deserved had the misfortune to lose his certificate, at the so well of this country. time he was taken prisoner, that the House would take such measures as should enable him to receive the amount of his certificate, with the interest due thereon. Mr. Corr moved that the resolution should be committed to the Committee of Claims, but afterwards changed his motion so as to make that committee the committee to inquire and report, instead of a select committee. He professed to have no other object in these motions than that this claim should take the same course with other claims. The motion was supported by Messrs. ALLEN, J. WILLIAMS, MACON, and EDMOND. It was opposed by Messrs. J. PARKER, LIVINGSTON, GALLATIN, BROOKS, NICHOLAS, HARPER, SHEPERD, OTIS, PINOKNEY, SWANWICK, S. SMITH, T. CLAIBORNE, and MODOWELL. The motion for a reference to the Committee of Claims was lost-59 to 33. Mr. PINCKNEY said, that as this claim was different from most others which came before that House, and having himself had something to do in the business, he would state to the House what he knew of it. Previous to General Kosciusko's return to Poland, whilst he was in Germany, he applied to the Polish Ambassador in London, by letter, requesting him to make application to the American Minister there for payment of a part of the money due to him from the United States. The mode of transacting this business was this: The interest arising from On a suggestion of Mr. SITGREAVES, instead of appointing a committee, the Secretary of the Treasury was directed to make a report what "Legislative provision was necessary, &c." This motion was carried by 49 to 40; but whatever difference of opinion there was in the House, as to the mode of doing the business, there seemed to be but one sentiment, as to the propriety of complying with the spirit of the resolution. WEDNESDAY, December 27. Virginia, appeared, and took his seat. SAMUEL JORDAN CABELL, from the State of Count de Grasse. Mr. LIVINGSTON, from the committee to whom was referred the petition of the daughters of the late Count de Grasse, made a report, which stated that the sum heretofore allowed by Congress was intended only as a temporary provision, until the events of the war should permit them to take possession of an estate in St. Domingo; that the facts formerly stated showed that the most important services were rendered to the United States by their father, from motives the most honorable, under the greatest responsibility, and at a risk the most hazardous that could be encountered by an officer of rank these services, it would consist neither with the and reputation; that, with a recollection of honor nor justice of the United States to refuse an adequate provision for the orphan children of the man who rendered them. The commitshould be granted to each of them, annually, for tee, therefore, recommended that a certain sum their lives. The report was twice read, and committed for Monday. THURSDAY, December 28. the certificate granted to the General, was made payable in Paris; but from the change which took place in the French Government, the General did not know how to receive it there, which was the reason of his making application, through the Polish Minister, to him (Mr. P.) in London. Mr. P. wrote to the American Minister in Paris for an order on the bankers of the United States in Holland, but having in the mean time received a letter from Gen. Kosciusko, requesting the money to be sent for him to Ratisbon or Leipsic, he (Mr. P.) sent an order to Amsterdam, requesting the bankers there to transmit the money either to Ratisbon or Leipsic, as the exchange should be most advantageous. In the interim General Kosciusko returned to Poland, and he supposed he then had no time to attend to this business. He never heard any more upon the subject until he saw the General in Philadelphia, when he found this money had not been received by him; so that he supposed it yet lay in the hands of the Leipsic or Ratis-officers, to be paid annually at Paris; that in bon banker. The SPEAKER laid before the House a letter and report from the Secretary of the Treasury, in pursuance of a resolution of the House, of the 23d instant, relative to the claim of General Kosciusko. The report states, that the accounts of the General were settled at the Treasury in 1784, when a certificate was issued to him for $12,280 49, bearing an interest of six per cent. from the 1st of January, 1784, which was stipulated by a resolution in February following, in common with the interest due to all the foreign May, 1792, moneys were granted by Congress to Finding this to be the case, Mr. P. immediate-discharge the principal and interest of these ly wrote to the banker at Amsterdam, requesting him to redraw the money, and to transmit it here for the General's use. But, as he might, debts, at which time it was supposed that all the officers had received their interest to the 1st of January, 1789; but it now appears by the JANUARY, 1798.] Duties on Distilled Spirits. [H. OF R. banker's account at Paris, that no interest had | House. It also states, that a bill had been rebeen received by General Kosciusko for four mitted to our Minister at London, for the interyears, viz.: from 1785 to 1788. Sufficient funds est from 1789 to 1792, but which money was to pay the interest from 1789 to 1792, were, in afterwards, by direction of the General, ordered 1792, placed in Amsterdam, subject to the dis- to be remitted to Leipsic or Dresden; but it did posal of our Minister at Paris; that by his di- not appear that this order had been complied rection a bill for the amount was remitted to with. It was clear, however, it was never reMr. Pinckney in London; but, pursuant to the ceived by him, nor had he given any person a direction of General Kosciusko, Mr. Pinckney right to receive it. He hoped, therefore, as the wrote to the banker at Amsterdam to remit the money lay at Amsterdam, Leipsic or Dresden, amount to Leipsic or Dresden. That in Septem- and could at any time be got by the United ber, 1792, a notification was published, that pro- States, there would be no objection to pay the vision had been made for paying the principal | General that sum at this time. It was further of the debt due to foreign officers, on application stated in the report, that in September, 1792, a at the Treasury, after the 15th of October fol- notification was published, informing all the lowing, and that the interest upon their demands foreign officers that provision was made at the would cease after the last day of December in Treasury for the payment of the principal of that year. That though the certificate issued their debts, and that the interest thereon would to the General is stated by him to have been therefore cease after the last day of December in lost or destroyed, yet the powers of the officers that year. Upon examination he did not find of the Treasury are competent to the payment that this arrangement was founded upon any of $12,280 54, the principal, and $2,947 33 inte- | law; it was, therefore, a regulation agreed uprest, for the years from 1785 to 1788, on receiving on by the Treasury Department, and ought not a bond of indemnification from the General: but that they cannot advance the interest supposed to have been remitted to Leipsic or Dresden, though payment will be immediately made for any sum which may be hereafter redrawn, and credited to the United States at Amsterdam; nor is it in the power of the Treasury to allow any interest on said principal since the 1st Jan-amount of the certificates, with interest to the uary, 1793. On motion of Mr. DAWSON, this report was referred to a Committee of the Whole for Monday. TUESDAY, January 2. to operate to the injury of persons who were ignorant of it. It was well known, that, from the peculiar situation of General Kosciusko at the time, that he could not hear of it; and the truth was, he never did hear of it until he arrived in this city. He hoped, therefore, there would be no objection to the payment of the present time. To effect this purpose, he proposed the following resolution: "Resolved, That it is the opinion of this committee, that the Secretary of the Treasury be authorized and directed to pay to General Kosciusko, the interest of six per cent. per annum, on $12,280 54, the amount of the certificate received by him from the United JOHN FOWLER, from the State of Kentucky, States, and now lost, from the 1st of January, 1789, appeared and took his seat. General Kosciusko. Mr. DAWSON moved the order of the day on the report of the Secretary of the Treasury on the claim of Gen. Kosciusko; which motion being acceded to, the House resolved itself into a Committee of the Whole, Mr. KITTERA in the chair, and the report having been read, to the 31st day of December, 1797." This resolution was opposed by Messrs. MACON, COIT, and J. WILLIAMS. They were opposed to interest being paid up to the present time, and wished, if any provision were made for paying interest beyond the time fixed by the notification of the Treasury, that the regulation should be a general one, and extend to all other foreign officers. They were also against paying the interest, which had been transmitted to Paris for General Kosciusko's use, and which, by his direction, was afterwards remitted to Leipsic or Dresden, as it most probably lay there, and would be paid to his order without their interference. Mr. DAWSON said, when he had the honor of presenting this business to the House, he hoped the proposition he then submitted would have been agreed to in that way, which, in his opinion, would have been most honorable to the United States, and most agreeable to the person concerned. In this hope he had been disappointed; The motion was advocated by Messrs. VENAbut, though they differed as to the mode of doing BLE, PINOKNEY, J. PARKER, HARPER, GALLATIN, the business, there was but one opinion as to the and T. CLAIBORNE, and was finally agreed to business itself. He had now a resolution to sub-without a division. mit to the consideration of the House, which he trusted would meet with no opposition. It would be found, by the report of the Secretary of the Treasury, that the accounting officers were ready to pay to General Kosciusko $12,280 principal, and $2,947 interest, from 1785 to 1788. To recover those two sums, therefore, there would have been no occasion for application to that VOL. II.-13 WEDNESDAY, January 3. PEACH BRANDY. Mr. HARPER moved the order of the day on the bill to amend the several acts for laying a duty on spirits distilled within the United |