The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-06-04

ing or denying TO pay, the Government would be
denounced.
"But these clamors we'll understood be-
longing to devices of faction which win not serb
pie to employ any agencies for the attainment OF
power and place. The public judgment should be
directed as doubtless il will be, to the facts and
merits of the various cases Of claims allowed and
directed to be allowed upon principles of justice
and equity under this Administration There
no difficulties in the way of authorized inves
hgation. As for calumnious imputatons and
charges OF corruption, any one may allege them
and ii may be the case that those are most apt
TO impute the motives TO which they themselves
the most liable.
'"The establishment of board of claims, to hear
evidence and the arguments of counsel setting
forth the law applicable TO each case, would take
away from Congress large of private bust
which it is not well adapted to attend to, and
would relieve the accounting officers and heads OF
Departments from responsibility from which
they would, no doubt, most gladly be delivered.
bill for the creation of such board is now be-
fore Congress, with fair prospects of success"
In addition to the foregoing wel-ti and
opposite remarks from the Baltimore american
upon subject which has recently been made,
for the merest party purposes, to occupy much
u
served, that all claims prosecuted before Con
gress undergo examination by committee, and,
consequently, that reports recommending the
payment Of claims which are destitute of merit
must be very rare indeed. Should committee,
moreover, without due examination, or under
misapprehension with regard to the merits of
claim, at any time chance to report bill pro-
viding for its payment, there are always mem
bers-watchdogs of the Treasury, we have heard
them called--on the lookout for such cases. and
who, unless they are satisfied of the justice of
the claim, are sure to prevent the passage of
the bill. Hence, report by committee of
Congress in favor of claim and the passage
through that body of bill providing for its pay
ment, would seem to be very conclusive evil
dence that the claim was good one, and ought
to be paid. And this holds good, whether Con
gress directs specific sum to be paid, or in
structs the head of Department, or the ac-
counting officers of the Treasury, to settle a
claim onS' principles of equity and Justice" or
to adjust an account, and pay whatever is
'.due." In such cases, Congress, recognising
| the validity of the claim, simply directs the
| accounting officers TO pay what, in their opin-
ion, equity and justice require to be paid, or
what in their opinion, is justly and fairly
s'due" the claimant, under the law passed for
his benefit. This is precisely what has been
done in two or three of the cases which have
| recently called forth the loudest clamor from
the opposition press. To read the Union, one
would think that the payment of interest on
claim against the Government, unless expressly
| sanctioned by an act of Congress, was a thing
| unknown to previous administrations. Yet, we
| cited, some time since, a number of instances
where interest had been paid, under former
administrations, i'll the absence of any express
direction or authority by Congress; and we pro-
| pose to conclude these remarks by citing an
| other, to which we beg leave to call the
| Unions particular attention. 1t is what may
| be properly termed
THE WILLIAMSON SMITH CLAIM.
| WILLIAMSON SMITH, a citizen of Maury
county, Tennessee, on the oath of October,
l 1887, entered into contract with the United
States for the removal, at ten dollars per head !.
of six thousand Cherokee Indians, and more, if
it should be found expedient to transport a
| greater number by water, Sc. After removing
two thousand two hundred and six Indians, for
| which he was paid at the stipulated rates, the
| Government found itself under the necessity Of
| abandoning the contract, and adopting another
mode of transportation-the Indians having re-
fused any further to "emigrate or be transported
| by water" Thereupon SMITH claimed TO be
| entitled TO compensation for the transportation
| of the whole number of six thousand Indians. on
1 the ground that he had made preparations for
| Transporting that number. This claim he sub
| sequently assigned TO the late United States
Bank of Pennsylvania, which, by memorial
and petition to Congress in lS43, prayed the
passage of a law allowing said bank the
sum of S35,3H IL, on account of said claim,
| by way Of offset on debt due from the
bank TO the Government. A majority of the
Committee on the Judiciary in the House of
Representatives reported against the claim,
while the minority reported in its favor. AT a
previous session, the Committee on the Judi
ciary had reported in favor of il; bit Congress
neuer sanctioned Il. No bill directing or a,'-
thorizing It's payment erer passed that body.
Yet, on settlement which subsequently took
place between the bank and the United States,
said sum of $35,327 II was allowed to the
bank, together with interest thereon from the
date Of the contract to the 18th of June, 1870
Mr.. McCULLoH being, at the time, First Comp
troller, andM WALKER Secretary of the Trea-
sury. Now, we wish il to be understood, that
we have not a word to say against those officers
for allowing and paying the claim-principal and
interest.
Mr.. GRUNDY, TO whom the case had been re-
ferred, when he was Attorney General, gave it
as his opinion, that the claimant was entitled to
''prompt and full indemnify" and the Secreta-
ry Of War, in accordance with a statement pre-
pared by the Commissioner Of Indian Affairs,
had asked Of Congress an appropriation to pay
it, But, ,cith these facts before them, Congress
still refused to provide for its payments and not