The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-13
To the Editors.
WASHINGTON. April II. 1850.

WASHINGTON, April IL, 1850.
An article appeared in your paper Of to-day containing
extract from anonymous letter, purporting to be
taken from the New York Herald, which charges me
with having procured the Attorney General and through
hum the Secretary Of State to allow the claim Of joseph
de la Franca for munitions of furnished at Mobile
and Baton Rouge with inslnuation that such allow
ance made improperly. The letter states the claim
at 500, 0O0" when the public records will show that il
did not amount to much more than half OF that sum.
This claim referred by act of Congress, two years
ago. the Secretary of Sate to be adjudcated prn-
Congress passed for the liquidation upon prn-
cples Of justice and equity Of all claims OF the inhsbii
ants Of the province OF Florida, for advances BY them
by the United Staes Under the settled construction OF
that act all advances sales to the convention OF the
government Of Florida OF articles OF war, or any other
property, calculated and intended to aid in accomplish
ing the purpose Of the provisional government OF West
Florida in the destruction of the Spanish power were
to be allowed Among these CLAIMS under that act was
but suspended for further proofs and, in s47 Con-
gress being satisfied of its justice on the testimony then
submitted. passed the act first referred TO- The claim was
never rejected by Mr.. Buchanan, who only commenced
the examination OF it, and for the want OF time, declined
deciding il at the close of his term and left il to be de-
cided BY his successor Mr. Buchanan told me express
y that there but single point to be made Out, to
enable him to allow the claim. The evidence on that
point. desired by Mr. Buchanan, subsequently fur
nshed covering the only difficulty alleged to exist in the
The present Secretary of State examined the whole SUBJ
ect with this new testimony After this investigation
be- thai differences o. opinion had EXISTED
General for his advice and the Attorney General on the
30th day Of May last made elaborate report in favor
soee s consc which Stipulated expressly for 10 ~
As TO the allowance OF interest, every claim en-
bracng one hundred or more. standing on the same
foundation admitted and granted by every previous
Secretary OF State before whom such claims pre-
ferred-incuding Mr. Adams, MIR. Clay, and Mr.. Rush
and interest was allowed in every case.
The only injustice done in this consisted in this
First that interest not allowed al 10 per cent accord
ing To the contract and previous decision OF courts OF
louisiana and, second in refusing TO allow up to the
OF settlement instead oil the date OF the passage OF the
act which the Secretary OF State insisted upon in spite OF
all remonstrance thus denying the claimant two years OF
interest," which. in my opinion, was justly due him. As
TO the Justice OF this claim, committees oil Congress
reported in its favor and the bill for its final adjustment
passed unanimously through both houses, notwllhsiand-
ing that Col Russell who u quoted as authority for The
mputaons in the New York Herald made circumstances
to the committee which reported the BILL and letter
read from him in the House
Among other opinions on this subject beg TO quote
one from the Hon X !. Walker, dated June Is, 1874:
"The claim OF De la Francia referred this year
the Judiciary Committee OF the Senate, and after full
animation, BILL providing for the payment Of the claim
would have passed House also. have doubt II IL
had reached L 10 time The claim |. beyond all question,
10 opinion, just and valid Think the amount incin
ding interest," - about $4,000"
II is not necessary to multiply authorities or opinions
II s evident that Mr. Walker thought 10 per CENT inter-
est ought have been allowed, since he estimated the
claim, in is44, at 3ooo when in is4s. only about
ss7 900 were allowed. and the difference as think,
Justly refused by the Secretary OF State.
What interest may have had in the had nothing
to do with its merits the law which sustained them
and the tardy and reluctant execution Of which left
cause for commentator.
| When this claim was before the departments. was
staying with an intimate and dying friend, (Thos. j
Johnson.) who was the sole attorney in the and
deem i due TO his memory 70 state that always re.
garded him as the soul OF honor and no inducement
could ever have tempted him 10 countenance claim
based upon anything but justice
was on bis account induced most reluctantly to take
out letters OF administration the OF the deceased
claimant and only then consented, because other per-
son could be found who would NV action was con:
troed by humanity more than by other inducements
On what business has law officer 10 know or 10 care
who may be benefited by discbargng his duty faith.
fuyi For him even to inquire would be piece OF Of
fetal insoence, which would deserve punishment by
prompt dismissal.
But for the purposes intended to be subserved this
most unfortunate TO be paraded before the public
care not how many cabinets may be pulled down but
hope that law and justice may not be Frustrated BY their
fall And II the President faithful 10 bis own honor
be will promptly dismiss every officer who faters in his
duty for fear Of Just responsibility
Respectfully. yours, ,o,,.,,,