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

s sSs snen a. - az hory esss given Bssase
would have been eqnaly void SINCE by loh article
csp's aaosd 40 such e,ds5 could palhs resasn,
had receive dtn,li1 Chek4sa~ Jon SELF 'houc of
hs intention to emFais. gHd 9f tte Of ppd, rs
s s. ss1sfss fs e MA as. ISL Va
weeks snsseanfm q ttr r,id negsi order 81 Becsa'e
The Pre.ds! prior the issuance te ill~ssi ords1 Of
me lin OF .Ioh. has ole'. sud all subs4usa dls~c
;ahs mode. s and place u snns p,ppp.sd
~ we Nhet<,~waS weu ~ the qnrp,y - PROVISIONS.
opsdnlendsncs The snlx.,jon and .sbsi.,.nes hy
The notice Of tie they asked 70 be removed ~
ia heir nse. Il 'sE s a.as
and their comforts neglected by contractor, 40 They
PROPOSED hs. provisions should only be Tor such nun
nsi .'s ou Il hs as s as
may number Il heir people now ready to ns re-
%prvs and 70 provide mean. for their sad
preliminary condition 70 krnishnk supplies Tor their
ira ana subsistence that The superintendent of
lain The number OF people ready move in order
rs%oys and saeG al thu
times when the provisions shoad bs furnished. This in
10 S whc %s ss % the the
missioner OF ndian Affairs. great
Ii sasst + Aa,s
had ws,ted as by the treaty he was bound 10 do. until
doslars woh Of these provisions would have bse lost
missioner defiance Of the 10th article Of ue treaty. and
~ direct eppsnance 70 The notice given by the Ctcka-
saw, and mode wholly different from ds.sna.ed
onjnsy the Chickasaws Surely such an nrder
Of solemn treaty. was MOI within the .cope Of official
authority and therefore w,hn,he express decision OF
corrected This can only now be done by charging the
amoun 20 illegally charged to the Chick fund The
general fund Tor removal and subsistence which the
only fund the Commissioner could legally this pur
chase as he did 70 tho amounted xaoO 0OO IN similar
Indians. but which never charged TO the funds
Of .ho.s tribes. Bur, indspendes OF the wan. Q! official
on upon which the power and s duty clear
Unsd aaoed as bs pa ss
errors, the court say - This right in incumbent of
fact arising rom errors ii cacafason and to cases Of re-
ected claims In which material testimony IL discovered
10 s charge a. suggested by me- and no. as il
was made, was rel ced In fact by the accounting ofcer
or ever hs wing afforded them an opportunity 10 present the
facts which rendered the charge But this "na
psHn q s
ss;y ls % h.
wa. no. before az sceSna,inE oiss when they made
the letters of Major An,tronx and cpI Upssw, and
THIS decision ntthe Supreme Cont of The Un,sd
latest and highest authority and certainly obligatory
ssas"s &
opinion ths present Chief Justice of the Encd States
Attorney General, OF the 10th September, 1881. in
which he says shat The decision OF the accounting officers
is only exempt from review and correction when made
t.s - that such decision not binding, and may be
corrected sin OF decisions founded
artstS From the abseace
OF testimony aer~ ii .covered Produced"
Not single aushori,y be toand eonuovet this posi-
VVh
and new trials granted and the solemn judgment
and as Ss Of NEW ana
and OF onseal adoption by all eoos,s ,rbsnals. and OIL
nc~res The decision.i order be sxempi from revson
and cagh, a.l.oe TO ks based ~pos ,s facts
OF the and rsti,nony, new and material Is
case sasw and a. ,,ey wonia have decided had snci
testimony be1n beDss them Taa. these prime plss a
would thotzs trial ia o(taw. fhs
ing correction of decree IN Of equity ap
fcaie opsninH AnA
has not only rsuos ci,ed, bal
siso Ia the opinion Of Attorney General Win Of
March, 1873, snt oil Attorney General Butler in ms opinion
An closed and settled. under the
srad would mot TANK be opened by the courts OF
equity and, ssn,aa ,us' ,hs p,lhGp ,s o. noa
ing ofoes" Now ii- cer,ain,y wea seue that court
rect an error in the mos .cree upon
cry prod oction OF and masria testimony II VIC
sn ). no do"s n hIs ss. Ia Mr. wn. opon before
rssnea TO- pf March - iss he says "The ver,hc, and
s.a. :. on The cou IL wsc hey ~ess rendered. ba,
no, mose-hat IL to say that II the attendant has any
solid xfound upoA which, W ask the court oil law
Tor new tria the verdict and judgment, should no be
h-,d u,ppn him" And is added. that hese
apply the opening OF accounts by the sccount
Ing Officers II there be newly discovered evdenoe' Now
IL will bs disputed tha1a tfial is universally
The,e sf,sy verdicts and decreesss
a hr. rng nd sAab1ar argument on bo,a sides Bn
here In case. whom hes- conn,itted by
the accounting oAcers, the Chcks. had never been
heard by The accounting officers Now, thu. Is even
arouxef st for re Chcks.aw were wholly ignorant tia
any such charge was contemplated 10 be made agaiDs
ther land pni long aicr Al made and yet ths ~
Iyays entry without hearing on he sG OF the Ihiekn
saws absence Of all tbs material facts OF the
case il held conclusive decision more solemn
than verdics Of Jury decree ofa court, made
fall hearing and IL is alleged thai such error cannot be cor
rccted This doctrine Is urged, too. sgsns
Ignorant and dependant tribe OF lndans, whose wbCls
oonnry tho has bought and OF the proceeds oil
the sales OF inch the goyefnuspt It's the trustee and u u
fund which n ~ sought TO charge with these
errors aa. IT t..a.s# ~ u
counted for upon the snd str,c'e-t principles oil
equity s.cc and to hold thai The accounting OFFICERS
erroneous charge axan III
nnd made in the absence OF all the material acis wonld
be the most stupendops inju. would stand alone
single principle of law, or equity, or precedent
ssd would be marked hereafter only % be reversed and
Nor bccvcd possible TINT you can, upon
exam nation, entertain any doubt upon snoh question
4 Wba,cvsf mere wnd tecssic~ raeasrs int think
n such Question do douw but That your sense o
hohor usee and conscience VIII revolt AZ the adoption Of
a prinGi pie 80 lnipufons and absurd. #s.v
The great pf,ncipe which should govern The corscon
Of errors stated follows by Aosaey ienersl Baner
IN b opinion of the 10Th Of oolobes 1895. n regard "a
,nv rvhr pti,u officer correct tho effors a.
al account made by bis predecessor he snysi
Yon ave com authority look those allow
anc.s and in you shall md them 70 hsvc been
ouded on m stetal errors Of fact OF law, you have
only the power, bptits Ell become yonf duty, TO eoreo