The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1850-06-20
The Csirhin CLAIM

A.lpkNtt w sfeN'
Orr~ioN oS P,yiSG iSrsxssr.-ihe toll
lowing is an extract from the opinion o'
Gov. Crittenden on the subject of paying
iu,eres, on Government Claims This npn-
ion was given whilst be was Attorney ten
eral Of the United States. and Is IA cypress
conflict with the opinion OF Attorney zen
eral Johnsoa--by virtue Of which The tai
l.hin interes, WIS paid An act OF Congress
passed June 26ih. 1884, provided for TIE
uaypnep, Of claims arising from losses which
occurred in tho war OF l>l2'l3 Whether
intrest was to be paid was the question: ana
here is the opinion. MS given 10y CORES
ponden, OF the Washington ! mon
This depends on the proper construction
Of the act of Congress oi the 2oth June
1884
THE whole and sole authority lsdervcd
from that act. 1t is the standard iy which
,ac jurisdiction must be- measured and lin
tied. WHY il it, BY the terms of the act he
IS authorized 10 receive, examine, and al
Judge all cases Of claims for losses oeca'
stoned b, the troops N the service OF the
|. :. IN l-l2'l3
"Iniercst on the amount Of such losses IL
certainly thing very qistingushable ard
different from the losses themselves.
at may be that justice Nvould have re-
quired. ia this case. the allowance OF interest
As well as principal that was lost but on
grcs, alone WAS competent to det"ri me me
extent OF lfs obligation, and To give or with
hold authority for the allowance Of the Pfin-
cipel-that is the value Of the property lost,
with or without interest
"1he whole subject was before them tor
consideration and the question Of INTEREST
was important in the amour, rs liie prnci'
raj. They did lcgislaie, and provided for
the liquidation aud payment of claims for
losses bat madr no provision for ANY claims
OF interest the inference 10 my mind Is IRE
sistnble. that they did not intend to author
ne the payment Of interest
cit /. confidently believed that in al the
numerous acts Of Congress for 'he li4ei-
daiion and settlement Of ciain' aeomsi ne
soreygmeai, there IS no instance m Wh,ch
interest has bees. aiiore,d. ercepi onig rhere
U.ose nets hare expressly directed or author
,sed rs aiiouaaoc.
Tur G,LrnN CLApf.-Speaking OF tins
clain,. the editor OF the Haif'more Sun says
." The reports and diversity OF opinion
with respect 10 the Cali n claims, are OF
such a character as necessarily to produce
in the public mind serious doubt al that
strict integrity Of motive, without which,
the officers of government viii demand the
confidence of the people in vain Official
position and official opportunity have been
indelicatcly and ipIudiciouly employed Tor
the promotion of personal ACKNOWLEDGEMENT
under circumstances which fairly adm1i ol
the question OF right In such proceeding
we hold that any action which l. not h
Itself ncoutestibIy just Is, 10 say the least
very prcsump;uoGs. Mud II IN anything,
negligence should appear IN the mniier OF
inquiry. such Negligence Is emiuenilY eul'
pable And, moreover, II IN any particular
there should appear Withholding OF any
promineu, feature in the ease, such WIN.
holding Is alike culpahlc. To nur mind this
culpahlIty appear. the latter IN the fact
thai one party was 80 impatient as 10 con
eeal. or. IA, least not to make known hls 10
terest in the claim the former in the fact
that those 10 whom It was committed, ne.
elected To- inform thcmsclys OF the relation
between the agent and the claim. If W.
allow that it did not occur to them, that q
party So situated Hith respect I" the gov
ornmcut. as was the immediate agent oi tn,
claims rnuld net eo iuiudiriOu.ly IN the
matter, it is not a sufficient excuse for TIM
negligence, because the fact was included
IN the documentary evidence, and should
have become known upon thorough myes
ii. ton Considered simply IN the abstract
therefore. we regard this affair of the Gal
phin claim as an cquiyocal transaction. de-
volying in amount Of responsibility upon
those concerned in il. the weight of which
will propondcra,c over the worth Of all the
Gaphin claims they will dispose of in then
term of office.