Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-01
10 fsrnh this committee with copies Of all letters diminishing
clerks from the General Land Office since the 4th Of
March lS49"
have the honor to be- your obsdient servant,
w, A. RICHARDSON.
ffon.T EwsG, Secretary Of the Interior.
DKpARTMnSr OF rAr IsrER1bR.

iet2 of the 4lh instant accompanying resolution of the
committee of thshate, which requires furnish copies
on all letters dsmissing clerks from the General Land Office
since the 4h of March, ls49.
have considered this carefully, and compared with the
resolution the House which creates the committee and de-
fines and limits its powers, and it is clear my mind that
the committee is not authorized to inquire into the matter
embraced in the resolution to send for persons and
respecting it.
pointed cut like objection former resolution, and
waived it, hoping thereby draw the attention of the
and still wide and obvious departure, and do not deem
further acquescence my part consistent with night and
duty
II be obvious that department which duties
to the public and desires promptly to perform hem serious
venences must arise from investigation at large, d.
rec,ed point and governed by law and there
various quences of slight attending this in
vestgaon when confined within its proper and leg
limits. In branches of il the rights Of individuals
affected rather, their remedies suspended by it and
in all my rights Executive officer extent
affected and the regular and daily discharge of my duties
less DISTRACTED and retarded do object to this
far the committee under the authority Of the House,
but think il improper for voluntarily admit il where il
Unauthorized and iegsl ard if the limits fixed by the
House be dsregaded by the committee and if scquiesce in
their assumption Of indefinite powers, the investigation is
then without bounds to extent without direction to its
object and, what is still important me, without limit
to its duration
In my letter Of the 9th umo had the honor inform the
committee that claimed and exercised power of removal
to all clerks in the General Land Office except those who
hold their offices by the appointment Of the President and
Senate and that did by virtue Of the provisions of the
9th section of the of March Sd, ls45 (chsper 7l,)
which expressly recognises the power Of such removal in the
Head of the Treasury Department. and by virtue also OF the
power of supervision that office, transferred from the
Treasury and vested this Department by the Sd section Of
the Of March 3d. ls49 (chapter 1857 This is sufficient
to enable The committee to raise question my power
OF removal if under the resolution of the House, they feel
authorized to do
The resolution of the House authorizes the committee
inquire into the fact whether have made appointments Of
clerks in the General Land Office And if SO, by what
thoriiy made such appointments
None having been made by me, the accusation to the
principal TACT fails Of course and the committee propose
to extend their investigation removals. because the power
to remove, where legal provision nterposes to prevent it.
is incident to the power 10 appoint.
The committee having principal matter oinvestgatlon
before hem claim pursue what would be incident to
supposed principal if that principal existed. Admitting this
to be correct which would be concedng much still the
luton of the committee cannot be justified. The fact dis
tncy stated that claim and exercise the power OF removal
sufficiently raises the question of power if the tribunal be
thorzed consider it. The form of the letters of removal
the number of those eters-he reasons, any, given in
them, which is all that could be obtained from the copies call
ed for incidents to the power of removal and its
ercse If them the right examine the fact and the
power Of appointment confer the right inquire into the fact
and power Of removal incident and exercise Of this
incidental power confer the right to inquire into the
and of removal incidental to that ALSO the committee
may go from incident incident till every conceivable
ter of executive administration brought under their revision
TO this consent andtherefoe and for the
above stated, decline to send the copies required.
have the honor to be, very respectfully, your obedent
servant,
T. EWING, Secretary.
Hon. WILLIAM A. RIcHARDsoS,
Chairman Of The Select Committee House Of Reps
Mr.. TURNEY. The Senator from Ohio, on the coming
in Of this report, prepared with speech, with view
vindcate himself, not only from the few remarks which
made former occasion, but also from the proceedings Of
the House of Representatives the last session of Congress.
He seems to think that come in of residuary lega
coo Cor ha capital to be manufactured of the poceeang
of that committee OF the House has referred.
would say the Senator that have ambition come
for any part of that estate think the country has passed
upon it. and am very certain the present Chief Executive
o.. the United Staes has passed upon it.
Not member of the Cabinet of which the honorable SeDa-
member to be found in the present Cabinet They
have gone and of Cabinet officers have been called
to the aid of the Chief Executive and with that willing
to leave it. had reference the proceedings of the
House. had no partcipancy in them. The Senator
anxious to make speech, and seemed think that he
under obligations for having afforded him opportu
nifty Of wpng the to be implied from the proceed
ings Of the House The Senator says that my remarks
which he quoted, applied to the Senator from California So
far that concerned have but this to say those remarks
not exactly correctly reported But the Senator will
perceive that 10 those remarks referred particular
divdual. received the information out of doors from the
agent Of the nation, who informed that he would present
tnls Can lot payment 70 congress- ana nen ne detailed tne
facts which his application be founded The Sena-
from Ohio rises here. and says made charge
against the Senator from California deny it, and chal-
lenge the Senator TO the proof spoke of the facts
heard them do vouch for their correcness and in
formed the Senate that information which had recev-
ed out Of doors told them information which OBJ
tanned from gentleman who present the claim, in
behalf of the nation have the money refunded them
/ am not responsible for it. mentioned Names and
know not how the facts may turn out TO be. am
quanted with the facts and not prepared to vouch fo
them gave the information to the Senate received it,
and for what purpose The Senator from Ohio says for the
purpose Of making charge against the Senator from Cali
fornia No, sir that is not true, has the semblance
truth.
proposed by the Senator from Wisconsin, Mr. WALK
ER) which required that this fund should be paid the
dians and subjected to be Diverted appears from h
report that the Senator from Ohio did divert it, in the pay
ment Of private claims word in relation tc
the resolution which has been adopted by the Senate and
which this report is in After what stated in th,
Senate the occasion to which referred the Senator from
Ohio addressed the Second Auditor of the Treasury
and the morning came in with answer which answe
the House received information be relied upon w
told that there number Of in which the Sen
from Ohio when Secretary Of the INTERIOR had ordered
money be paid out of these Indian annues Folowin,
the example by the Senator from Oho-a Wing Sena
tori Democratic SENATOR sat down and addressed alette
the Second Auditor, propoundng my nerrogatoes him
desiring ascertain what those other referred il
his letter the Senator from Ohio received in
from him that direct my inquiry to the Secretary
the Interior. to be answered, while the Senate
from Ohio promptly answered by the Second Auditor.
then addressed letter to the Secretary OF the INTERIOR inform
ing him of the letter which had addressed the Secont
Auditor of the Treasury, and asking the information from
him. waited for several days. and received rea
z.