Note 27 — FIFTH CONGRESS.—SECOND SESSION.

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 demands—to 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 confederation, and reiterated at the formation of the new Government 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 different statutes, and reported in favor of their observance—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 efforts made to call in all valid claims, and the attention paid to them fifty years ago, and the disregard since.