The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-13
THE CHICKASAW CLAIM.

The following extract from the Report refers
to-
THE CHICKASAW CLAIM
| The undersigned having come to a widely differ
ent conclusion of fact and law this branch Of the
case from that reported by the majority of the com
Initee, deem it proper to refer, with some particu
lary, to the evidence touching the contested fac
and TO briefly consider the points of law on which
they differ from tie opinion of the majority, and
concur with that expressed by the Attorney Gen
| eraI.
| And it is proper here to remark, that this case
was not considered and decided by the Secretary
of the Interior, as would be inferred from the
port OF the majority, but referred by him to the
Attorney General in his letter of November lS49,
| which is as follows
DEPARTMENT THE INTERIOR,
WAsHINGToN, Nov. i, lS49.
Sin: have the honor to submit herewith papers
in relation to the claim of the Chckasaw nation
against the United States, and that of Messrs Cor
coran and Riggs, as5gnees of Hon. William nj.
Gwin ps the Chickasaw nation, and to request
your opinion upon the points indicated in the ac
companying statement of the case and argument.
am, with much respect, your ob't servt,
I. EWING, Secretary.
Hon. r. JOHNSON, Attorney General.
All the papers in the referred with this
letter, and the Sd of January, $780, the opinion
of the Attorney General was communicated as fol-
lows:
ATTORNEY GEsERAL's OFFICE
WAsHNGToN, January 3, 1850.
Sir: In the of the claim of the Chickasaw
nation against the United States nd OF MessrS Cor
coran Riggs, assignees of William NJ G. win,
submitted by you to this office, have formed
opinion, after careful consideration which my other
engagements prevent my doing more at this time
than barely stating. Should il be your WISH will
avail myself Of the very first leisure to assign my
reasons.
lst am of opinion that the account Of the nation
is To be considered having been properly
opened and restated, and that the balance found
due by the accounting officers of Sll2,o42, is pro-
perly chargeable to the appropriation for the sub
sistence and removal of Indians.
I'd. That the last contract with William Nj. Gwin,
assigned to Corcoran & Riggs, is valid, and that
out OF the fund payable to the Chickasaws under
the first head, whatever balance is due under that
contract should be paid to Corcoran Riggs.
With regard, your obedient servant,
REvERDY JOHNSON.
Hon. T. EWING.
Which opinion sent to the proper accounting g
officers with the following note:
DEPARrMEsT OF THE INTERIOR,
January A. 1850.
The account will be stated and the payment
made in accordance with the Attorney Generals
opinion within. T. EWING, Secretary.
Subsequently to this, certain persons, counsel for
the Chic kasaws, objected to the decision OF the At
torney General, and suggested that they had not
been heard, all their evidence presented. On
this representation, the Secretary OF the Interior
second time referred the matter to the Attorney
General and requested him TO reconsider il, will
/ be seen by the foiio~lng note
DEPARTMEST OF THE INTERIOR.
January, 3, 1850.
DEAR SIR: On suggestion b. Mr.. Epperson,
agent for the Chckasaws, that some inpor tant pa
pers having relation to the claim OF win not
before you at the time of your examination Of the
case, and he also expressing desire to be heard on
the subject, have thought proper 10 request you
\ to re-exanine the case, and consider such addi-
tional evidence and arguments as he may present
| you. j am, very truly, yours,
Hon. RsvERDY JOHNSON, Attorney General.
I This reconsideration was had, and the first opin
ion Of the Attorney General re e-afiirmed, as will
appear by the following letter
ATTORNEY GESERAL's OrFicE
7th March, 1850. !
SIR: Ia compliance with your request Of the sth
January last, have re-eramned the cases of the
Chickasaw nation against the United States, and
Of Corcoran and Riggs, assignees OF William NJ.
win, upon which gave you an opinion ON the 80
OF that month and have most carefully considered
the additional evidence and the Arguments of the
counsel for the parties concerned, and no rea-
son 10 change the opinion referred to.
Indeed, the effect of the recent evidence s to sat
isfy me more fully that the opinion right, and
therefore again advise you accordingly.
The press OF business upon me still continuing,
must wait until the final adjournment Of the Su-
preme Court before can give in detail the
which have led me 10 the conclusion to which
have come Should you then desire it, they will
be submitted with pleasure.
have the honor to be, with great regard, your
obcdcnt servant,
REvERDY JOHNSON.
Hon. TnorAs EwrSo,
Secretary Of he Interior.
This decision was, az a matter Of course, again
sent by the Secretary OF the Interior 20 the accbunt
ing officers, and by them carried into effect
We refer 20 this evidence TO meet and repel the
intimation, on the part Of the majority, that the
Secretary Of the Interior acted without bare and
insufficient authority and consideration in allowing
this claim. Such appears clearly not to have been
the csse--bis every step in the matter is marked
with considcrate caution. We therefore do not
hesitate 10 pronounce the committee in an error in
their general view Of the conduct and decision Of
the case. The facts involved in the pre-.
.cntcd TO the Attorney General, and the law aris
ing out Of those facts as pronounced by him,
quIre more extended examination and are indeed
more t for the decision of law office court Of
justice, than Of committee Of the House Of Repre-.
sentatiyes, Of the HOusc itself
The claim Of the Chickssaws out Of an al
legged misapplication of their funds and an enor.
mous charge gainst them by the accounting officers
OF the Government in the year 1857. The subject
vas for some time under consideration, and the
preliminary discussions are not important 10 be
now noticed. The subject brought before MIR
Walker, then Secretary Of the Treasury, in the
latter part of the summer Of 1876, who, the 4th
OF September, gave his views upon IL in the follow
ing letter:
TsEAsURY DEPARTMENT, Sept. 4. 1876.
Sra: have, att your request, examined with great
the question submitted by you to me to your
right, and that Of the Second Comptroller, TO cor.
rect the set forth in the paper transmitted by
you 10 me, and now returned.
My views ne 70 your right and duty in this case
embodied in the opinion of the Supreme Court
Of the United States, a. given in the Of the
United States VI. The Bank Of the Metropolis, 10
Peters, 4Ol.
In these views Of the court in that casc, as TO
newly discovered evidence, after conference with
tho Attorney General, (and submission TO him OF
the aforementioned psper.) he fully concurs
On the subject OF correcting errors like this in
public accounts, the court say in that case, "this
right i an incident Of reviewing predecessor
decision, extends to mistakes in matters Of fact
arising from in calculation, and TO cases Of
rejected claims in which material testimony is az.
terwsrds discovered and produced "
You will then ascertain the date Of the original
entry in your books OF the charge now allie ycd 20
be erroneous, and compare IL with the date Of the
official statements of Mcssrs. Armstrong, Hitch
cock, and Upshnw.
II the facts contained in those statements were
not before the accounting officers when this origi-
nal entry made, and constitute in the Ian
guagc OF tie Supreme Court, material testimony
afterwards discovered and produced" il will be
your duty 20 make such decision should have
been made " these facts had been before the nc
he, dat n( r,,,,.s