The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-23
THE GAI.rHzs oLAlm.


September fs49 The questions submitted were
se allowed and So from and 70 what period r sos
lions not only decided against but expressly
for future decision by Mr. Secretary Walker, when the
claim was before him.
The case remained in my Office unexamined, until, i
think, some time in January last.
In the course Of that month examined il, and with
great care ana attention as am capable OF giving 10 any
case and formed the opinion that interest should be al
lowed from ITS to the date of the act under which the
claim was submitted 10 the Secretary of the Treasuryhe
i4lh August. ls4s The for this conclusion
gwen and as much in detail as had time 10 give them
10 the written opinion transmitted 10 the Secretary OF the
Treasury on the I'd February. 1850 During the entire
period that the papers We're IN my oce had not the
most remote suspicion that Governor Crawford had any
interest in the claim, connexon with it, in any ca
pacity, either counsel, agent. party; did
hear that he at any time had any such interest
ion, until alter my opinion was given and the money
was, as understood paid and then my first knowledge
or suspicion was from seeing il stated in editorial in
the Union newspaper, Of this city, in letter copied
into that paper from some other paper
The duties of the Attorney General are prescribed by
the last section OF the judiciary act OF the 29h September
1885, chapter 90 and the act OF Goth May $780, chapter
l53 By the first, he is among other things, directed "to
give his advice and opinion upon questions OF law when
requested by the head OF any department. touching any
matters that may concern that department" As TO the
effect of this provision refer the committee to the
Of Kendall Us. The United States, 10 Peters, 524.
Except therefore, far they material to the legal
question upon which his advice and opinion requested
the Attorney General has nothing do with any OF the
facts or circumstances which the bundle Of papers pre-
scented may disclose In this instance, neither looked
for, accidentally otherwise, any other facts
OF law submitted to me- and as have before stated,
dreamed until learning il in the way have
TONED. that Governor Crawford had whilst the was
before me, bad had at any antecedent period any
nexion whatsoever with the claim
remember at early day. after the case was re-
serred me, when, good humored way complaining
The number OF questions they were submitting me.
Governor Crawford, who was by and to whom my COM
plant also being kindly made. said to me, II do not
think you that ground find much il any fault
with me, think have sent few cases to you;" and
added, but you have claim before you in which some
Georgia friends are interested, which wish you
and he said the claim OF George Galphin. From that
time he mentioned il TO until in January, when
had made up my opinion, and, casually meeting with
him, advised him of it, and what it was, as matter
IN which, he had told OF his friends in
lerested, supposed he would like TO know. He then
asked me il he could write TO the parties informing them
him he could But neither them at any prior PERIOD
until after my opinion was gwen, did he ever say
word upon the subject OF the justice OF the claim
any fact connected with H. nor intimate that be
had the slightest interest connexon with It. II he
had as now understand he had interest as counsel
that high OF delcacy and honor that during the
period that have had the pleasure of his acquaintance
upon all occasions manifested ITSELF restrained him.
am from exerng any personal influence which he
wei I'M mao c w, ~ % me
the most remote inmaon that he had interest in it,
or from pressing me to its decision.
Governor Crawford did write to the executor OF George
Galphin, as had authorized him, and he to Wash
ington But when he arrived here the opinion was not
written, because Of the great pressure of nay official
gagements in the Supreme Court. The executor, and
another OF the representatives detained here
raj days and il not until the Hon. Mr. Berren, of
the Senate told day or two before the opinion was
written that The delay was subectng these gentlemen TO
much inconvenience that threw other things aside and
prepared the opinion. MI. Benien's suggestion did not
understand TO be made in the character OF COUNSEL but
solely the friend of the parties.
hope may be permitted TO add, in justice 10 myself
that the opinion gave was, in my own Judgment the
only one which any lawyer OF we-earned reputation
could have given and that is eec. upon the treasury
to have considered. That was matter exclusively for
Congress L. in the exercise of their admitted power they
recognised as they did and as am sure properly did
States for the claim Of Gaphn, under the treaty made
by the governor OF Georgia with the Creek and Cherokee
Indians in the year 77a" and authorized and required
the Secretary OF the Treasury TO examine and adjust the
claim" and 80 pay the amount which may be found
due 10 his executor, my duty, when the legal questions
were submitted to me IN regard to the interest, the
single and imperative one OF advising the Secretary upon
such questions.
The ACT OF 1850 left me no discretion to give him an
opinion which did not believe TO be right The one
gave conscenousy believed TO be correct and having
under the law regulating my duties no power TO with
hold IT, was bound 10 give II and transmit II TO the Sec
rotary, violate my oath OF Office Nor, since the opn
ion given, have ever heard or been able TO imagine
the semblance OF reason against IL, that would for
moment challenge the appreciation, excite doubt in
the mind OF any lawyer OF deserved character who had
knowledge of The facts and had fairly considered the
law applicable 10 such claim. But, however this may
be- the responsibility OF the opinion is upon me, and not
upon Governor Crawford, or the Secretary OF the Treas
ury. Whatever ceDsure Il may deserve receive from
any quarter should exhaust itself upon me. To visit il
upon Governor Crawford, any else but myself
would be unjust 10 visit II upon any member OF the
committee for, far the opinion concerned, the
committee had as much concern or come xon with il
he had ask permission 10 state this in justice 10 my
feelings and 10 state, also-what is due 10 Governor
CIawford--that do this without having exchanged
word with him upon the subject OF my evidence since
the investigation ordered except upon OCCASION
within lew days SINCE when told him. il he had any
ainy gave not the least reason TO suspect !, whilst
the matter was before me.
As counsel agent knew one but Judge Bryant-a
gentlemen with whom had then no acquaintance; and
never heard from him anything in support OF the claim
except through his written Arguments signed BY HIMSELF
and now amongst the papers.
state further that the claim 10 my knowledge was
never mentioned or referred TO al any cabinet meeting
nor do believe that its existence known from
the time IL referred my office, until after my opn
ion given and the money paid TO any member oil the
cabinet except the Secretary Of the Treasury Governor
Crawford, and myself
ask permission further TO say that took for grant
Treasury would adjust and pay the claim IN accordance
with IT, and should have been greatly sufpr sed " he had
not had made myself | think, familiar with the past
practice OF the government this particular, and had
knowledge OF an instance IN which opinion OF the At
torney General to the head OF department had not been
does not IN words declare conclusive, think that up
on principle, The usage according 10 the spt OF the
law, and justified by its trae construction and object
refer again TO the case OF Kendall the United States,