Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-28

because decision
of the auditor andeasurer would be conclusive upon
The would have right to it. Their decision
would be the law of the An act of Congress coners the
duty of making such decisions upon these accounting officers
and there law authorizing the coursto
them No appeal be aken there mode revising
the decisions Of the accounting officers and hence say this
is mode Of withdrawing the character of Mr. Craw-
ford, without any possible hope of submitting the
court the correctness Of those decisions The court would
have them and render judgment
against Mr. Crawford, if he the proper be
sued to this nsney back hold that it is utterly
unnecessary therefore, to pass any such resolution In fact
think is throwing good money after bad to incur the
expense Of lawsuit merely for the purpose of whewashng
the character of these parties.
Mr.. EWING. / think the Senator from Tennessee is
entirely mistaken in all the positions he has taken in this mat
ter In the first place, he says that the proposed suit is not
against the proper individual and that the suit cannot be
sustained against him. because he is only the attorney and
the party Now, sir this attorney received the money,
portion of the money, matter how much but what
ever portion of that money he received, if he be sued for 1t
and in his peadngs he do not set up the defence that ne
Attorney the suit be sustained The has 10 DC
decided upon the declaration and the plea and you can sus
tain the action against him if he admits that he received the
money, and does not plead that he received as attorney.
Now he says in his communication to the House nat ne VIII
put in that plea. If he do, he is dhonored man as
Of course and there whitewashing OF charac
ter at all But undertake TO say that ne VIII not Pead MOI
up defence that he received this money as attorney
So that that particular point settles without any
difficulty at ALL just as If you sued the ndlV'dua party IN
stead of sueing the attorney.
As to the next position that the settlement OF this account
by the accounting officer conclusive, Mr. Crawford says in
his letter that he will not up that defence nor will he
set nm anv thing as defence except the legal right conferred
by law to pay this ney, and every part Of IT, over TO the
pares He will not set up defence the fact that the
counting officers have acted upon at all In his peadings
he will present the single and sole question, that the law Of
s4s and the previous obligations of the Government gave
him the right to receive this money WE'LL if he does not
if the peadDgs presented in that orm need not say to
every LAWYER that the question will be settled by our courts
upon the peadngs, and settled therefore, upon the law
the original case. II is matter Of whitewashng at all
If the peadngs be made aryf the peadngs be forth
bona de he says be will them TO be FORTH the
actual law Of the will be presented and if there has
been black balng the decision Of the committee there will
be nothing than the wpiDg of OF that black bang by
the decision Of the court entitled decide upon the question
Of law and having the direct question before hem and
nothing but the question