The New York herald., 1850-05-18

/ every country Oh EuIOpc. IN france PARTICULARLY
few years since, and perhaps yet, 20 strongly di
| the laws condemn it, that with the exception of mi
nors, marriage portions, money, and the price Q
lands, that party who had paid interest voluntar:
y, might recover II back at pleasure. Even in Eng
land the allowance of interest is not given by ex
press law, but rests at the discretion of judges
juIies, as the aIbiters of damages. 1t rs measurs
Of dsn mage. II may be payable in cases o. delay
if Jury in their discretion shall think fit to allow
il. 1t is not a part of the debt, neither compre-
hended in the thing nor in the term, and words
which pass the debt, do not give interest, necessa-
rily. 1t depends altogether on the decision of the
judges ard Jurors; and where, the party canno,
make profit cut Of the money in hand, it ought not
TO be allowed Letter of Mr.. Jefferson to Ham,
mond, State papers, Vol |. 2l3-Opnion Of At;or-
ney General WHIT.
lowing interest, and it, for the sake of argument we
admit that the trust fund had passed into the posses.
ion of the United States, one Of the very author
tiles relied on by the Attorney General, would not
have given interest in the case. "lnterest will not
be allowed against trustee holding a fund where
he had made interest, if there be no laches or ne
elect, or use OF the money on his part. .'-Cassels
rs Werner, Mason, 3S2. The exceptions grow
out of the protit which the trustee may, or might
have made by the use of the money; but as the
law wl raise such presumption against il, they
will not be against the government. Such are the
principles which ought to govern the accounting
officers in settling claims against the United States
and the records show how closely they have been
observed in practce.-(See Reports of the Auditors
appended 10 the report Of the majority of the
conmtee)
MIR. Crawford was appointed agent and counsel
for this claim as far back as the year eighteen
hundred and thirty three. As such, he asked pay
ment from the Legislature of Georgia; from the
Indians, al the treaty Of New Echota; and lastly,
from the government of the United States. Up to
the year 1885, with the exception Of the application
TO the British government, the claimants had be-
seged the government of Georgia alone. No one
concerned seemed TO have thought that the United
dnr f,Il linat al
moral, to pay the debt; but, at The treaty of New
Echots, the United States Commissioners agreed
that the federal government should guaranty its
payment, without expense" 10 the Indians. The
claim was, however, rejected by the Senate, a. is
shown in the history OF the case; but that event
marked the first devclopement OF the though
that the United States might be induced TO pay
it. More Than half century had rolled away
from the time that the war of independence
had been brought 10 close; but the claim had
been kept alive by the industry of Galphin's repre-
sentatives. IL had been urged and argued, again
and again, before the Legislature of oGeorgii: hut no
intimation had dropped from any quarter, that the
government of the United States ought 20 be an
swerable for the debt The proceedings at New
Eohota, however, opened new quarter from which
payment might be obtained; but ia the first instance,
the effort failed. The Senate OF the United States
rejected the provision, and the uniiring claimants
renewed their application 70 the Georgia Lcgsla-
ture, though again without success. Not Vet dis
coureged, in 1874 they again applied to Congress,
ing the Secretary Of The Treasury to examine and
adjust the claim. Mr.. Crawford still maintained
his relations TO it,, and by agreement virtually
owned enc half Of the entire amount Under the
terms Of the act, the late Secretary OF the Treasury
felt I his duty topay the principal but his term
Of cfiice being about TO close, he unable TO de-
vote the time nece saIy to that examination which
alone could enable him to decide the question ofin-
terAt and though his impressions were against the
allowance, lac LETT the matter open TO the decision
CT his successor.
The principal was paid, and Mr.. Crawford re-
cciycd his share. Such was the position of the
matter, when Mr. Crawford entered the cabinet as
Secretary Of War. Deeming his relations TO be
fairly understood, he ayailed himself of an early
momentto advise the President Of the facts. lie
Informed him that he was connected with
claim then pending before one of the Departments
for decision, and demanded his opinion upon the
rroprety Of that position for member OF the cabi
net The President replied that he did not know
that he had forfeited any Of his rights by becoming
member oi his administration. This he felt 10 be
a sanction, and Mr.. Crawford at once employed
counsel TO prosecute the claim. He, however, as
sisted in revising, and in the PREPARATION OF the ar
guments, and on several occasions spoke TO the
Secretary Of the Treasury, urging him 10 make an
early disposition Of the He also spoke 10 the
Attorney General 10 the same purpose; but he de-
claies that he never apprzcd either OF these gentle
men o his interest in the matter, nor dId he autho-
Iize any other person 10 give them the Information.
n' ~; ,ar Is". vr grvney in the esse, rAecut-
ford, ~ well as simIlar power to receive and re-
ceipt for the money, among the papers file.
a. well as several letters, showing that Mr.. Craw-
ford was acting in the affair. All these papers
were before the Secretary of the Treasury the At
torney General, aud the First Comptroller; but the
two loimer deny that they had any knowledge OF
MIR. Craw ford's interest The Secretary Of the
Treasury admits that, nj some time he heard that
Mr.. Crawford had been connected with the claim;
but the remark left no impression on his mind. and
The Attorney General says that he examined no
papers not necessary for him to understand its
.s,sc ~ nj
given, and the Secretary Of the Treasury ordered
that inasmuch as the Attorney Generals opinion
decided the principle that in point OF law, interest
should be allowed, is should be done. The matter
was referred TO the First Auditor for settlement
Of the account. This passed TO the Office of The
First Comptroller, who appended his approval. with
the pi,by remark that thc signing OF this certificate
Is gn administrative act" The money was paid,
ard after sbsting the paid for expenses incident
10 the prosecution of the case, Mr.. Crawford rc-
cciyed, in conformity with his agreement with the
heirs, one half Of the amount as his own proper
share. The interest amounted TO one hundred and
nnev-one thousand three hundred and iity:two
dollars and cichty-nin cents. From this three
thousand dollars were paid ~ fees to counsel Mr..
Crawfofd's receipts were tweniy-one thousand and
four hundred and one dollars and niney-eight
cents from the principal, and nincy-iour thousand
one hundred and twenty-six dollars and ioriy-iour
cents from the interest allowed IN all one hundred
and fifteen thousand five hundred and seventy
eight dollars and foriy-fwo cents.
such are the facts connected with Mr.. Craw-
fcrd's conduct in relation 20 the affair. and we sub
NIT them, without comment, TO the judgment OF the
llouse.
The matter involved was not debt due from the
United States. The payment Of the principal was
a matter OF grace on the part Of Congress, and the
extent to which il carried its bounty was fixed by
the act of 'ts. The duty of the Attorney General
in such cases is limited 10 the construction Of the
law. Whatever may have been liberal or 'lliberal
was not within his province TO determine. lie -
not the almoner Of the public bounty. nor has he
night TO superadd to his duty 81 determining the
obligations Of the law, the kinder Office OF dis
pcnsing tho liberality OF the government. The adj
minisiraiion is the legal custodian OF the public
treasure: As the guardian Of il, the people have
right to look to Il for its protection; but, II The mem.
bers Of the cabinet are 10 become feed counsel
against the Treasury, IL requires but little know-
edge Of human nature TO anticipate what must he the
inevitable result. The instructive notion Of every
man, and the common judgment Of the public, will
condemn a position Of the kind; bat II becomes
douby dangerous when IL is deliberately sanctioned
by the President Of the United States.
The representatives of Galphin had no right as
against the general government and no one had a
right to extend its bounty beyond the limits fixed