The New York herald., 1850-05-18

Nor will the Executive department permit this
usage to be set aside by Judicial authority, II
i be inferior to that of the Supreme Court Of the
United States.
"The righ. of the Judge to allow interest. was
neral Crttenden, 18th June, lS4l
to be attached to the decision of the Circuit Court
for the first circuit, and have objection TO ad-
mt that, as between individuals, the claim for in
terest in such a case would be an equitable and
reasonable one. But that is not enough to justify
the executive department in deviating from what
have always understood TO be one Of the best
cer.ained and most nfiexible rules fthe admins
tration." Again: ''lf courts of justice allow of
set oil against the United States, on alleged prin-
ciples Of justice and equity, by way of mere de-
fence there is of course no remedy for the govern
ment against final decision to that effect But
when, on the strength of such decision as an
thory collaterally binding upon the executive de-
pertmen, these are required to depart from their
clear and fixed rules | must declare that can
not assent to the doctrine. ."-Opnion of Attorney
General II. S. Legare, 1912.
"l am bound to adhere to the course Of the
cutve department until Congress shall see tit 10
change it," The accounting officers bound
by the law The courts have authority under that
statute Q1y7) to admit equities.
II is not the duty of your committee to inquire
either into the proprety or the reason Of the rule;
that it is well established. Usage cannot alter the
law; but it is evidence Of the construction given to
it, and must be considered binding past transac-
tons. Hence, of necessity, usages have been es-
tablished in every department of government, which
have become kind Of common law, and regulate
the rights and duties of those who act within their
respective limits."-U. s VS.. Mcdaniel, Pet l.
This would seem to be conclusive The general
rule is clear. That there exceptions, is a mat
ter OF course. These are, LIST. When interest is
directed TO be paid by special of Ccngre So either
by express terms or by strong implication. I'd.
When IT is stipulated for in the contract. Sd. When
the claim is for advances made to the United States,
though this exception has its limits; and 4th Un-
der decisions of the Supreme Court of the United
States
When the act directs damages to be paid, or in
Identification to be given, or authorizes the
counting officers to adjust the claim upon principles
OF "equty and justice" the usage permits an in
quify into the proprety of allowing interests but in
every other case il is not open que stion.
The present case was not within either Of these
exceptions, and if it had been, it would have been
subject TO another ple Interest could only be al
lowed from the time that the claim was presented,
with the proper vouchers.
"As the United States are always ready to pay
when claim is presented, supported by proper
vouchers, il can rarely, if ever, happen that they
are justly chargeable with interest, because it is
the fault Of the claimant if he lays presenting his
claim, or does not bring forward the proper youch-
ers to prove it and jnstfy its payment Opinion
Of Atty Gen. X. B. Taney, 1911.
He has never made application for payment,
and, therefore, there has been no Withholding pay
ment against h,s consent If he conceives himself
aggreved by the practice of the Treasury in similar
cases, he has his remedy before Congress. ."-Opin-
ION Attorney General VIM. Writ.
To apply the principle to this case, raises the in
quiry, when did the parties present their claim, and
bring forward the proper vouchers g Its history
shows, that the fiIst application TO the govcrnmen,
OF the Cniied States was made in 1887. IL was not
allowed till the passage Of the act of 1913. The
whole adjustment Of these claims being contided
exclusively 10 the Secretary of the Navy. the
amount allowed by him becomes debt due from
the United States al the time of ao vance. Opinion
Attorney General VIM. Writ.
Then how could interest be allowed prior to
that datel
II is clear that, If instead Of beng issued by
the Commissioners Of Great Britain, the certificate
held by Galphin had been issued by the authority
OF the United States, interest would not have been
allowed upon il prior TO the date Of the demand for
payment. Then we may ask, did the obligations
OF the United States become stronger because, in
stead OF issuing the certificate themselves, they
Acknowledged the responsibility upon them as
arising from the acts Of others This will hardly
be claimed.
The Attorney General says, that cas- the lands
were used in a great measure for the common bcne-
fl Of all the United States, the United States, in
1915, when they agreed to pay this particular claim,
agreed to assume liability co-e xtcnsive with that
OF Geoieia;' 'ln this respect Che adds) al am
unable to distinguish between this and that of
the Virginia communication cases assumed by the
ai asas he g IHlv, The ebigaoa
resulting from assuming as was done by the act OF
lSiS this debt Of Georgia, because Of the appropr~
iion by her Of the lands charged with the debt 10
the Virginia cases, there exists this additional
ground that by taking the cession Of Georgia in
| 1902, we bound ourselves 10 cxtinguish all out
standing titles to the lands within the limits OF
Georgia."
The additional ground" here spoken Of, we have
heretofore examined. The other point rests upon
the assumption that, by the act Of los5 the United
states assumed the debt, as the debt Of Georgia,
and did because the lands were used in the
common cause, from which, il is claimed, follows
that the United States must discharge the full La
bility which Georgia had incurred. But are we TO
decide whether this was the debt Of Gcorgial She
was not party TO these proceedings. Congress
did not eli in judgIneG' on her. The claim was not
directed 10 be paid as the debt Of Georgia. The
act describes IL as "the claim Of the late George
Galphn;' and in no way implicates the State
Then, by what authority does the Attorney Gene
raj undertake 10 pronounce IL 10 be her debt! The
implications OF his position are, that this was a
and that the United States undertook, in her be half
to pay the debt and satisfy the damages inflicted
by hcr-this, TOO, In opposition to her wish. lt Is
pronounced 10 be her debt, and the extent OF ,bc
debt Is measured, though, by her action, Georgia
had protested, and denied the rule by which the
extent OF The debt was ascertainej as well as the
existence Of the debt itself. The claim Of Galphin
il one thing, and the debt Of Georgia is another;
and il not the latter, but the former, which the
act Of Ists directed TO be examiped and adjusted
The Attorney General can see no difference be-
tween the act OF ISIS and that Of July. ls:i2 IN re-
laton TO the Virginia communication cases. IL there
anyl This latter E" an act to provide for liqui-
dating and paying certain claims Of the State OF
Virginia." The former was act 10 adjust and
pay the claim Of the executor Of George Gslphin.
Ono to indemnify Virginia for moocys paid, or
TO be raid, by her Ior services in the common
cause; the other was TO pay claim arising out OF
goods sold TO the Indians, the payment Of which
was intended hy the parties 10 be secured by
fund part Of which Injured to the general bene-
ft. The act Of lSs2 did not pass in judgment upon
the rights OF the claimants against Virginia; she
had fixed these rights before, and the act Of Con-
grcss was TO indemnify the State Was the act Of
1873 10 indemnify Gcorgiaf Georgia had neither
raid nor fixed obligation TO pay Gslphin; she
had suffered nothing for which indemnihcation
could be asked or given. The act Of lSs2 was for
reimbursement 10 the State; but the act Of 1873
TO ray the claimant. Interest allowed under
| the act of 1892 because Virginia was compelled TO
pay IL; and this IL the doctrine Of Attorney General
johnson himself in the Ewell case Intert 1t under
the act of Ists was allowed, though Georgia de-
MED both debt and interest. The act Of 20 allowed
the State to decide upon the obligations, and yet
| the Attorney General assumes that the act Of -
denied this pCwcr.fo her.