Gazette Of The United States, & Philadelphia Daily Advertiser

Mr. J. Parker asked and obtained leave of absence for Mr. S. Smith for ten days.

On the Speaker's informing the house, that the unfinished business of yesterday, related to the remonstrance of the Legislature of the state of Tennessee, had the priority of other business,

Mr. Coit said, as the information called for from the Secretary of War, was not yet received, he hoped this business would be postponed till Tuesday next. Agreed.

On motion of Mr. D. Foster, the house resolved itself into a committee of the whole on the report of the committee of claims on the petition of Comfort Sands, and others

Mr. Kittera in the chair; and all the papers relative to the subject having been read by the clerk, the following resolution reported by the committee of claims was agreed to, without debate, viz.

"Resolved, That the accounting officers of the Treasury be, and they are hereby authorized and empowered, upon application of the parties, to examine and decide upon the validity of a certain award or report made by Isaac Roosevelt, William Malcolm, Elbridge Gerry, and Henry Remsen (four of the referees nominated for the purpose) between the United States and Comfort Sands and others, his co-partners (contractors for furnishing supplies to the troops during the late war) and that in making their decision upon the said award or report, the said officers of the Treasury shall be governed by, principles similar to those which would prevail in a controversy concerning it at law; and if in the opinion of the accounting officers aforesaid, the said award or report ought to be binding and obligatory against the United States, then, and in such case, but not otherwise, the said Comfort Sands and others, his said co-partners, shall be entitled to have the said claim against the United States, as on the said award allowed and settled at the Treasury, in the usual manner, and shall be paid the amount of the claim, so to be allowed, out of any monies which may be in the Treasury not otherwise appropriated."

The committee rose, reported the resolution, and the house took it up; when Mr. Nicholas objected to agreeing to the report, and Mr. Gallatin moved that the subject be re-committed for a report of facts on the subject.

The state of this long contested question appears to be as follows:

The petitioners some time in the year 1782 contracted with the Superintendent of the finances, for the supply of rations for the use of the garrison of West Point and its dependencies, and also for the use of the main army; that before the expiration of the term of their contract, it was deemed, proper or necessary, by the said superintendent, that the business of supply should be withdrawn from them, and placed in other hands; a claim to be indemnified for damages and loss, alleged to have been sustained, was made on the part of the contractors; in consequence of which several resolutions were passed by Congress, that four of the referees appointed by, and in pursuance of the said resolutions, in the year 1787, made an award or report, expressive of their decision or opinion, that the United States ought to pay to the said contractors, the sum of 40,297 dollars and 4-8ths parts of a dollar; that the award or report was, by Congress, referred for examination to a committee, who reported in favor of its being confirmed, but that report was afterwards committed to another committee, who never, as far as can be traced, made any report; neither has there been any decision of Congress on the subject-- that the reasons which induced the reference to a second committee do not appear; that application having been made to the accounting officers of the Treasury, for a determination on the said award, it has been concluded that they were not competent to the same, without the special authority of the legislature.

The principal arguments used by Messrs. Gallatin and Nicholas were, that this claim was altogether novel, being grounded upon damages sustained, and not upon actual supplies furnished; that no allowance of this kind had ever been made before; that if once there were to be established a principle, that wherever damages had been sustained in money transactions with government, recompense should be made, they would open a wide door for business, as there was scarcely any person who had dealings with government during the wars that would not be able to make a claim of this kind, from the then embarrassed state of the treasury; that the claim being of a novel kind, its merits ought to be well examined, before it was allowed; that there was nothing in the claim which would render it admissible, were it not for the report or award; that this award, in their opinion, was intended as nothing more than an enquiry as to facts, which was to be laid before Congress, and decided upon by them; that therefore the report before them was improper, as it referred business to the accounting officers of the treasury, to which they were incompetent, and which ought to be settled in that house; that this was very different from a case where parties pledged themselves to abide the consequences; nor was there an instance to be produced in which Congress had thus authorized an award; that though one of the resolutions entered into by them, authorized the referees "to decide certain controversies between the United States and the contractors, yet it concluded with "and report their opinion thereupon;" that the conduct of Congress itself showed that this reference was not meant as a final award; that if it had, instead of referring the report first to one committee and then to another, they would have at once, appropriated the money and not committed it for further enquiry; but, allowing that the award could be considered in the same light as an award between individuals, till it would be proper to examine the ground upon which the award was founded.

Messrs. J. Parker and Findley, were in favor of the motion for a re-committal, in order that the house might be in full possession of facts in a business which had been agitated ever since they were in Congress, and which had always been considered as a very doubtful case.

The report was supported by Messrs. Harper, Sprague, Brookes, Coit, J. Williams, Bayard, Livingston, Goodrich, Otis and Gordon, on these grounds, viz.

That the course pursued in this case was similar to that which is usual in the submission of controversies between individuals, to arbitration; that there was a mutual election and consent in the appointment of the persons who were to make the investigation; that they were expressly denominated REFEREES; that they acted under oath; that the proper officer, representing the government, was empowered to employ counsel, if necessary; that the referees are authorized, by the first resolution, to determine what damages, if any, were sustained by the contractors, and by the last resolution, their duty or business is designated to be to "decide certain controversies," between the United States and the contractors; that these authorities, and the general spirit of the transaction, appear to denote, that the report of the referees in the case, ought to be considered as equivalent to an award between individuals possessing the same validity, and equally open to exceptions; that, as to the provision made by the several resolutions, that the referees should report their opinion to Congress: this, it is conceived, could only have been intended to reserve to Congress a right of reviewing the award on the same principles, bona fide, as would prevail in a court of justice; that the observations of gentlemen opposed to this claim, were such as might have been properly urged when the question for appointing arbitrators was before the old Congress, but that they were very ill-timed now: and that the argument of the case having been a very long time before Congress, was a strong reason for agreeing to the report, that justice might at length be done to the claimants.

The question for re-committing the report was put and negatived 48 to 29.

The Report was then agreed to, without a division, and the Committee of Claims ordered to bring in a bill accordingly.

Mr. D. Foster moved, that when the house adjourn, it adjourn to Monday.

Mr. Harper proposed Tuesday.

The question on the most distant day, was taken and negatived 41 to 31 and then the first motion was agreed to without a division.

Mr. Livingston, from the committee of commerce and manufactures, wished that committee to be discharged from the farther consideration of the petition of Geo. Gurwan Ward, that it might be referred to the committee of ways and means, who had the law respecting the duty payable on distilled spirits (to which it referred) under their consideration. Agreed and the proposed reference made.

The same gentleman, also made another report on the petitions of O. Cooke, Abiel Wood, and Robert Hooker, which was to the same effect as the former report. Committed for Wednesday next.

Mr. Otis presented a petition from Stephen Dickinson & Co. merchants, on behalf of Alexander, St. John, praying redress on account of penalties incurred in consequence of some informality as to the register of a vessel. Referred to the committee of commerce and manufactures.

Mr. J. Williams said that at the time the office of the Commissioner of the Revenue was appointed, he doubted not it might be necessary; but, at present, he thought the business of that office might be very well done the treasury department, and, if it could, it would occasion a considerable saving in the expenses of the government, as he found his salary was 2,400 dollars; that 2,700 dollars has been allowed for clerks, 250 dollars for messenger, &c. 400 dollars for stationary, besides office rent, &c. making in the whole upwards of 6,000 dollars.

He, therefore, proposed a resolution to the following effect:

"Resolved, That the committee of revisal and unfinished business, be directed to enquire and report, whether any, and if any, what alterations are necessary in the act making alterations in the Treasury & War Departments, so far as respects the office of Commissioner of the Revenue, and report their opinion as to the expediency, or inexpediency of abolishing the office of Commissioner of the Revenue."

Ordered to lie on the table.

The bill for the relief of North and Veey, of Charleston, was received from the Senate with amendments, which were read and referred to the committee of commerce and manufactures.

Mr. Bayard moved that the letter of the Judges, sent to the house by the President of the United States, requesting an alteration in the time of holding the circuit courts in the state of Delaware, be referred to a select committee; which being agreed to, he presented remonstrances from the Chancellor and sundry citizens of the state of Delaware, against the above suggested alteration, which were referred to the same committee.

Adjourned till Monday.