The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-02
CONGRESSIONAL.
FRIDAY. FEBRUARY 81. 1851


FRIDAY, FEBRUARY 81, 1851. .af
snsArE.
A., GWlN. was not in my seat when the senator
~. Ts,nsssxs [Nr. TUxREy] made the remarks which
lom ,ead by the senator from Ohio, Mr. EwiSo
.veI then have corrected him. and have shown that
hs niornaon furnished MN oy ine ps,y N ne ,s.e,s 70
,d w.. n be subject then under consideration. and
MA M attention TO the debate. and came into the Senate
tier The gentleman IRON Harnesses had addressed
s1' a s"s,s day or two afterwards, accidently no.
~. statement Jus, read by the senator from Ohio
wi mutual friend to call on the senator from
and ask him il bis remarks referred
intended to apply to me ne INFORMED .Gs gentleman
slv or Indirectly; nor his remarks intended to
iy 10 me that ne has just saied be wAs not cor
Lii reported and merely made statement that had
been made TO him out OF doors, wInout any knowledge
Ton his part OF the lar's' VI " "o ey were cor
|Iectly stated. U.. ra4
(ms oi the Senate unless called to do 80 from an
mDerious sense OF duty to my constituents, and espe
c;.v in a matter personal to myself, determined 10
.sL an OCCASION when could do 80 with proprie,y to
rspiy briefly TO the statement Of the senator from Ten
nes;ee That occasion has presented itself and now
v what should have said then, IL had heard the sena
os remarks. that the statement made to him. and by
him laid before the Senate is utterly destitute OF truth in
he aggregate well in detail Having heard OF sim
M, Allegations in regard this claim when the subjects
ed 10 by the senator from Ohio were under nvestiga
ION before committee Of the other House. prepared
statement for the chairman OF that committee, which
wss printed with it's proceedings, and will be found in
Touse report No 4S0, page 226. my defence of
he agency in this business upon that satemeni now
portion Of the official records OF the country No candid
man can read il without coming TO the conclusion that il
|n triumphant vindcation against the statements
nunicaed 10 the senator from Tennessee and by him to
The Senate And, sir. will not further consume the
time Of the Senate BY giving the details Of this state
ment but will publish il with these remarks as what
should have said perhaps more briefly but certainly
velv fart hat hu th,en
pyng the time Of the Senate subject personal 10 my
se may endanger the passage. for the want of time
measures nox pending here OF the greatest import
there was no collvaon between the chiefs and myself;
that not to receive seventy or eighty thousand
dollars for my services for prosecuting claim that
not contested that the agent and superintendent did not
protest asanst the payment that these protests (Which
Dever uade) valid, and stopped the payment
that the nttion did moi on account Of my agency in this
matter, dismiss these chiefs and elect set that
&C, Of few there and here, who wished 10 avail
hsmsevss of my services and deraud me out OF wha,
|vss due for those services. ' er
consider that have sufficiently vndicated myself by
what have said on this OCCASION and by reference to
that document. which. although very long one, con-
|ceive be my duty to have published, with these
marks, in the papers which the Official organs OF the
Senate that my character, one of it's members NAV
stand fully indicated the records Of s own
will also publish with these remarks and that atatemen,
the elaborate argument prepared by me- and addressed TO
1.-The Second Auditor Of The Treasury. which caused the
|opening Of the account and lis allowance TO show how
little truth there is in the assertion that this claim
never contested The Senate fully appreciate
the reliance that should be placed upon such statement
led under an opinion OF the Attorney General OF the
United States, until an act OF Congress passed the
third OF March, isIa, was repealed, which repealed
August ls4s, TO open this and similar CLAIMS. and try
them their merits will fully appear from these two
documents;
cHIcKAsAw cAsE.-GwISS LETTER
Upon IN examination OF the papers filed during my nb.
California the OF tho Chic for
provisions purchased at Cncnnat and
their fund.- find that various assaults have been
upon only false and unounded bat wholly unsup-
ported by evidence, exhibiting spirit OF reckless men
dpcy the part OF those who made them which caused
hem frequent contradict themselves Thus the main
charge that the contract and power OF auofn~ spop
which this money drawn, was not genuine is followed
quick succession by another accusation contradictory OF
The hnamely, The submission OF testimony proving the
execution OF the instrument. but attempting show that
signed several weeks subsequent the period Of It's
actual execution Other charges presented, not only
fa,.d by proof positively by the ao-
al records OF the department Before reviewing all the
'aa h asmonss,lnS ,hsIr al.ehooa y win best
progress OF the On the 18th OF August 1886 pre-
snrd an Argument marked A, to which your attention 1,
Specially directed addressed to the Second Auditor Of the
Treasury, In which will be found o my proceed
ngs IN this case up TO that date together the action
bereon OF The various officers and departments OF gov.
eminent THIS document also Contained demon
prof. Of the Justice OF the claim Of the and the
DPieV oi paying ms same IL viii b.. observed, in ref.
encr to that psPcr that up to that date neither by the
ecetsy OF War; nor 10y the Secretary OF ts T-asury nor
~ the Attorney General, by any o, the accounting
mcen OF the government, had sny objection been IN ade
he correction OF the error IN the accounts OF The Chick.
and the consequent payment OF this claim, excep
lr Prohibition Of the correction o such -no, a, alleged by
be fh section OF the OF the 81 OF March 1916 When
was hrs presented by the Tth Of April lsD was
Y unconscious OF The passage Of tlstact IL was, how.
~, SHOWN 10 MI walker, then Secretary OF Treasury,
mo- as senator OF the United States had ppor ted
ss MI sss p,sv,ou.y and y .ppests by document
culy was hra suggested by him 10 the account
Officers Upon an examination Of the law did not con.
applicable TO This the account of IN.
n. hao.. ~ "a continuing sccoun and not then closed
.ns oooss oi NE eueanfy Under these circumstances,
eqoes'ed the Second Auditor take the opinion OF the
ay Senefsl OF the United States the
OF hat statute so far as regards its sppiics To
Sa~ ihls was accordingly done, whsa 10. Attorney
neo,ded on the Bh u April lst5, that this ser
pPheabe to this case, and interdcted the correction
,pt rrof Il ;. plain, however, on reference TO thn
non And to doc nnea A. that the Attorney General did,
ues'tble inference admit tst ID did exist
hl' act ins sht be corrected II IL manifest by refer.
~ - % document A, thai the 26th of April lsa5, the
o.r o. the Treasury, ihs Secretary OF War, the Al
oepsisi and the accounting olhcrt. OF the treasury.
uslsW tbat this igt be corrected bat for the
:, ,aeuon o. The act III March, lsts I viii only unher
iha on reler.bce 10 document A, II will mp
., oeni'cai question had been in favor Of the
correct his error by the n.Hges OF the government
WIN Tsns ~ 'spes'sd decisions Of Attorney General,
ney, anh Botl-r sud bnsly by tn. solemn and
eJ s, adodicsuou o the Supreme Court Of IN. Uui
en- ps o ne very point in controversy tsee 18th Pc
th, - ,'' anu vi la that the court decided thai
.sb' IN an incumbent OF reviewing pfedscss ssor
rom e'cnd. To mistakes Ia matiers OF fact, eisiop
wh,oI ~ calculation, and TO OF iected ella
boaae a'fisi e.tiinooy is Afterwards discovered and
Ap ,s ns decision Of The Attorney General of the 2sb
Ms,ch ~. ~" posing TIE prob blon the OF III. g.
lion o ~ spsndon.d Tor the time being the prosecu
bic .,s SATIN before the depatuent 50 unjust wa
o This act, that Congress at il. very
h, % le ION ol August. IssS-repesied A. b,
kYs,f uhg act Consr-s- removed III. only proh bor
e opening oi accounts aud couect,on OF errors ~
prsc,,. - us, restored rid Intended the orm~
aud we government. Indicated Ia the opinion
uow r,n,o gso,e qooed, The only al-rd,coon b-,nt