New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-18

10 m u
sy.n.n ,hint s, 10 allow IT, Il is not part OF
49,. an neither c1mprehe nded in the 'h,ns,
- AZ the terms and words which pass 'ne oeos
NJ ;,s,s,, nscesssrilv Il depends atogetneton
g. assertion Of the Judges and Jurors Ana 1'e"
RE po,fv canr0t make prr,ft Ont o. he noay -
a., fa,ds. u ough not 10 be daoreh lLeDt
M JegsrsoH 10 Hammer, StGfe FGperS' w. =
2I3.l RS. r7,;,ad
c. .rovrinr Interest And even If for the n
800, we admit. that the Trust fund hal paSssa
no the possepson Of the U. s, the very auth1fly
reTed On by the Attorney General ron'd so' adt
cr,n ;nt,res, in this case. Interest VII not DC
! Allowed against Trustee holding land, "AeH ne
! Jo3 made no interef. if there be no aches or ne
| elect or use Of the money on his part Cassel
| &C Er,,er Mason 1872 The exception goes out OF
| The rosts Ahich the Trustee may, or might have
made by the use Of the money bui as the Law VIII
raise no such presumption against IT, they VIII not
| be against the Government
| Such are the principles which ought 20 govern
the accounting officers in settling claims against
the .. 8, and the records show how closely they
| have been observed in practice. See Riiporfs o.
| aR1he auditors appended 10 ne Report o. hyorRy
| oftlts Committee
Mr.. Crawford was appointed agent and counsel
for this claim as far back as the year 1888. As
such he asked payment from the Legislature OF
Georgia; from the Indians st the Treaty OF New
Fcbota; and, lastly, from the Government OF the
| limited States Up 70 the year 1895, with the eX-
| ception of the application 10 the British Govern
| mept the claimants had besieged the Government
of Georgia alone. No one concerned seemed to
have thought that the United States was under
any obligation either legal or moral, ~ pay the
debt; but at the Treaty OF New Echota the United
states Commissioners agreed that the Federal
Government should guaranty It's payment WIKI
out ex pense' to the indians.
The claim was, however rejected by the Senate,
- ~ tha hut hQf
event marked the first development OF the thought
thar the United States might be induced to pay it.
More than half a century had rolled away from the
time that the War of independence had closed
the claim had been kept alive by the industry OF
Gslphin's representatives it had been urged and
ereued again and again. before the Legislature OF
GEORGIA but no intimation had been dropped from
ann quarter that the Government Of the United
States ought to be made answerable for the debt.
The proceedings at New. Echota, however opened
new quarter from which payment might be OBJ.
tanned but in the first instance the effort failed.
The Senate of the United States rejected the
provision, and the untirng claimants renewed their
application to the Georgia Legislature, though
again without success. Not yet discouraged, In
1874 they again applied to Congress and finally in
ls4s Congress passed the act requiring the Secre-
tary OF the Treasury TO examine and adjust the
claim. Mr.. Crawford still maintained his relations
to it, AND BY AGREEMENT VIRTUALLY OWNED ONE
of the Act the late Secretary of the Treasury felt It
to be his duty TO pay the principal bat his term OF
Office being about to close he was unable to devote
the time necessary to that examination which alone
could enable him 20 decide the question OF interest;
and though his impressions were against its allow
ance, he eit the matter open for his successor to
decide. The principal was paid, and III. Crdwj0Td
| Y6ceired has share
Such was the position OF the matter when Mr..
Crawford entered the Cabinet as Secretary OF
War Desiring his relations to be fairly under
stood, be avaled himself OF an early moment to
advise the President Of the facts. He informed
him that he was connected with claim then pend
ing before one Of the Departments for decision, and
solicited his opinion upon the proprieiy oil that
position for member Of the Cabinet.
This he felt TO be a sanction, and Mr.. Crawford
at once employed counsel TO prosecute the claim.
lie, hOr6reT. assisted IN reuisrng and 20 ne pre-
| marathon of The arguments, and on sererdt occa
sions spoke 10 the Secretary of the Treasury, urg
| ing HIM 10 make early disposition If the case.
| lie spoke also to The attorney General 10 the same
| guTDoss, but he declares that he never apprsed
| either Of these gentlemen OF his interest in the
matter, Lor did he authorize any other person 10
| give them the Information. The general power OF
| Attorney in the case, executed by hlilledge Gal
phin Executor. TO Mr.. Crawford, as well as a SINH
lar power to receive and receipt Tor the money,
were among the papers on tile as well rs several
letters showing that Mr.. Crawford was acting in
|
retsTy Of the Treasury, the Attorney General and
the F.rst Controller; but the two former Lety that
they had any knowledge Of Mr.. Crawiords interest.
The Secretary Of the Treasury adBaits that at
some time he heard that Mr.. Crawford had been
connected with the claim, but the remark LETT no
impression Oh his mind and the Attorney. General
says that he examined 10 papers not necessary Tor
him 10 understand It's merits. The opinion OF the
Attorney General was given. and the Secretary of
the Treasury ordered that, saasMach as the Attor
new General opinion decided the principle that, in
point OF law. interest ought 10 be allowed, it should
be done. The matter was referred to the Firs.
Controller, who appended bis approval, with the
pithy remark, The SigHsRg ~ THIS certificate IS an
, administrative 0ct.'
The money was paid, and after abating the sum
paid for expenses incident TO the prosecution OF
the case, Mr.. Crawford received, in conformity
with his agreement with the heirs, The one half The
amount as has opn proper share. The interest
amounted to Sl9l,352 SO cents; from this
5000 were paid es fees TO counsel His receipts
were 2l,40l SO cents from the principal and
ssi176 A cents from the interest allowed. In
all sll5,57e AZ cents.
Such are the facts connected with Mr. Craw-
fords conduct in relation to the affair, and we sub
NIT them without comment 10 the Judgment OF
the House.
The matter involved was not debt due from the
United States The payment Of the principal was
matter of grace on the part OF Congress, and the
extent to which it carried its bounty was fixed by
the act Of ls4s. The duty of the Attorney General
in such cases is limited to the construction Of the
law. Whatever may have been liberal or illiberal
was not in his province TO determine. He IS not
the Almoner of the public bounty nor has he a
right to superadd to his duty ofdetermining the OBJ
ieotions Of the law, the kinder office Of dispensing
the liberality of the Government. The Administra
ton is the legal custodian Of the public Treasure;
as the guardiaa of it the people have right TO
look for It's protection; but if the members OF the
cabinet are to become feed counsel against the
Treasury, it requires little knowledge OF human
nature to anticipate what must be the inevitable
result. The instructive notions of every man, and
J the common Judgment of the public, will condemn
oeyous when il is deliberately sanctioned by the
| President Of the United States.