The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-24


of Kendall o.. The United States, ~ Peters, 524.
Except, therefore, so far as they are material to
the legal question upon which his advice and opin-
ion are requested the Attorney General has moth.
ing to do with any of the facts or circumstances
which the bundle Of papers presented may disclose
In this instance neither looked for, saw acct
dentally or otherwise, any other facts or circum-
stances, except those bearing ON the questions OF
law submitted to me, and, as have before stated
never dreamed until learning it in the way have
mentioned, that Governor Crawford had, whilst
the case was before me, or had had at any antece.
dent period, any connexion whatsoever with the
claim.
remember, at some early day, after the case
was referred TO me, when, in good -humored way,
complaining to one or two of my colleagues in the
administration OF the number oil questions they
were submitting to me, Governor Crawford, VINO
was by, and to whom my complaint was also being
kindly made, said to me, 81 do not think you can
on that ground find much il any fault with me, as
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
would at your leisure examine" asked what IT
was, and he said the claim OF George Galphin-
From that time he never mentioned it to me, until
in January, when had made up my opinion, and
casually meeting with him, advised him Of it, and
what twas as a matter in which, as he had told me
some Of his friends were interested, supposed he
would like to know. He then asked me if he could
write to the parties informing them OF it, that they
might come 10 Washington; and told him hecould.
But neither then, at any prior period, until
after my opinion was given, did he ever say word
To me upon the subject OF the justice OF the claim nor
to any fact connected with it, nor intimate that
he had the slightest interest or connexion with it.
IL he had, as now understand he had, an interest
counsel, that high sense of delicacy and honor
that, during the period that have had the pleasure
Of his acquaintance, has upon all occasions mani
tested itself, restrained him, ana sure, from exert
ing any personal influence which he might we'll
have supposed he had with me, to induce me to take
a favorable view Of the claim, or from giving me
the most remote intimation that he had an interest
III 1t, or from pressing me TO Its decision.
Governor Crawford did write to the executor of
George Galphin, as had authorized him, and he
came to Washington. But when he arrived here
the opinion was not written, because OF the great
pressure ofmy official engagements In the Supreme
Court. The executor, and another of the repre-
senatives, detained here several days; and 1t
not until the Hon. Mr.. Berrien, Of the Senate,
told me day or two before the opinion was writ
ten that the delay was subjecting these gentlemen
to much Inconvenience, that threw other things
aside and prepared the opinion. Mr.. Berrien's
suggestion did not understand to be made in the
character of COUNSEL but solely as the friend Of the
parties.
! hope may be permitted to add, in justice to
myself, that the opinion ! gave was, in my own
judgment, the only one which any lawyer OF we'll
earned reputation could have given, and that its
should have been false to my duty to have consid-
cred. That was matter exclusively for Congress.
II, in the exercise of their admitted power, they
recognised, as they did, and as am sure properly
did, by the act of August, ls4s, the obligation of
the United States for the claim of Galphin, 'under
the treaty made by the governor Of Georgia with
the Creek and Cherokee Indians, in the year l773,"
and "authorized and required the Secretary of the
Treasury to examine and adjust the claim" and
"tO pay the amount which may be found due" TO
his executor, my duty, when the legal questions
were submitted to me in regard to the interest, was
the single and imperative of advising the Sec
rotary upon such questions
The act Of 1859 left me no discretion to give him
opinion which did not believe to be right. The
and having, under the law regulating my duties,
power TO withhold it, was bound to give it and
transmit it TO the Secretary, violate my oath OF
office Nor, since the opinion was given have
ever heard or been able to imagine the sembance
OF a reason against it, that would for a moment
challenge the appreciation, or excite doubt in the
mind Of any lawyer of deserved character, who
had knowledge Of the facts, and had fairly consid-
cred the law applicable to such claim. But how
ever this may be, the responsibility of the opinion
is upon me, and not upon Governor Crawford or
the Secretary OF the Treasury. Whatever censure
it may deserve or receive from any quarter should
exhaust itself upon me. To visit ii upon Governor
Crawford, or any one else but myself would be as
unjust as TO visit it upon any member of the COM
mittee; for, as far as the opinion was concerned,
the committee had as much concern or connexion
with il as he had. ask permission TO state this
in justice TO my own feelings; and to state, also
what is due to Governor Crawford-that j do this
without having exchanged a word with him upon
the subject OF my evidence, since the investigation
was ordered, except upon one occasion, within a
few days since, when told him, il he had any
thing to do with the claim felt interest in it,
he certainly gave not the least to suspect
it whilst the matter was before me.
As counsel agent l knew one but Judge
Bryan-a gentleman with whom had then no &C
quaintance; and never heard from him any thing
in support of the claim except through his written
arguments signed by himself, and now amongst
the papers.
l state further that the claim to my knowledge
mentioned or referred to at any cabinet
meeting; nor do believe that its existence even
was known from the time it was referred TO my Of
flee, until after my opinion was given and the mo-
ney paid, to any member of the cabinet except the
Secretary Of the Treasury, Governor Crawford and
myself
ask permission further to say, that took for
granted. when gave the opinion, that the Score
tary of the Treasury would adjust and pay the
claim in accordance with it, and should have been
greatly surprised If he had not ] had made my
self, think, familiar with the past practice of the
Government in this particular, and had no know
ledge of an instance in which opinion of the At.
torney General 10 the head Of department had
not been considered conclusive and although the
act of 1889 does not in words declare il conclusive,
think that, upon principle, the usage is according
to the spirit Of the law, and justified by its true
construction and object. | refer again 10 the case
Of Kendall us. the United States, ~ Peters, 524.
REvERDY JOHNSON.