The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-08-18
,cu.iys dspsr,usn,s Of so constituting acts

ecuiive departments Of so constituting acts
of Congress as to enable Attorney Gener-
ais to look behind the law, and to insti-
tute an inquiry into the politics OF
claimant, (see Atty. Gen'ls. opinion on
the Galphin claim, February 2, 1850.)
with the view Of commencing him ITO ia.
vor," and Of being generous" to him, il
his politics were on the right side. Sir,
the law knows no such power in any exec
utive officer to look behind the record thus.
and to distribute the public money on any
impulses Of "favor' or generosity.
Whether the laws are just or unjust, give
equity or refuse it. distribute charity or de-
ny it, it is none Of the duty Of the Atlor-
ney General TO inquire; but his sole duty
is. "io prosecute and conduct all suits in
the Sup. Cour, in which the United States
shall be concerned, and to give his advice
and opinion upon questions Of law when
required" &c. tits not his duty to dis
tribute favors, or to be just or generous.
but to 'give his advice and opinions upon
questions of law." 1t is not his duty to
be an accounting or disbursing officer,
and 10 "exanline." "adjust." or "pay"
claims; but it is his duty to confine his
advice and opinions strictly and rigldly to
the lao. The law is his rule, his chart.
his compass, and he is TO recognize no
other obligation than what is conferred by
law. When the comptroller Of the Treas
ury. ..examining" and "adjusting" this
Galphin clam under the treaty Of l773,
refused interest, and two Secretaries Of
the Treasury had declined to take the re.
sponsibility of allowing it. no opinion Of
the Attorney General ought to have over
ruled and overridden this decision Of the
accounting officer. and to have given
nearly five times in interest the principal
that was decided to be appropriated by
law. If rn Attorney General has such
authority over accounting officers-if his
opinion is law, and he is law maker-if
he can thus appropriate and disburse. the
public money, there is no use IN a Con-
gress, and the Attorney General is the
Supreme Court Of the United States, the
President. the Congress; the Secretary of
the Treasury, the Treasurer-the every
thing. in fact. The treasury key is, by
construction and implication, in his hand.
He has but to take law as a peg to hang
any appropriation upon, and according
to the theory now springng up, his lad
vice and opinion"-ail that the law Gre
ating his office asks of him-is to be om-
nipotent, and to silence an accounting
officer. or Secretary of the Treasury, or
evan the Executive of the Union. Not so
thought Attorney General Writ, in his re.
fasal to give "advice and opinion" even
to the House Of Representatives. See
his letters to the Speaker, December 90,
1918, and February 8, l82O.) SIN a
government purely of law" he we'll says
"it would be incalculably dangerous to
permit an officer to 60 beyond the pale of
the law If, however, there can be such
an appropriation of the public money under
the construction of the Attorney General
as has been contended in this case, there
is no need of Congress-there is no
need Of you, the representatives OF the
people-there is no need of consuming
your time and wasting the public money
in legislation; for the Attorney General,
or his "advice and opinion" is the law.
his quite time, then, il these ideas prevail
in any department of this government al
the other end OF the avenue. to put stop
to them, and for Congress to resume the
control of the public treasury. 1t is bu
Justice to say, however, this is not the uni
versal, if the prevailing, opinion there
The Comptroller of the Treasury. Elisha
Whittlesey, wrote a decided and able
opinion against the payment of interes
on this claim, and against the manner o
its adjustment also. And who, Mr.
Speaker, is this Elisha Whettlesey! Ii
lie a man of yesterday?-a man of nj
note?-some village politician only. trans
ferred from some county court and install
led in the Treasury! No sir, no!
there be an old Roman lef-a live Ro
man, simple in habit, stern but just in al
matters OF business, mingng the suavity
of the Christian with the incorruptibilit.
ofa Cato-that man is Elisha Whittlesey
For years and years, during the admins
ration of General Jackson when thi
House was overwhelmingly in his favor
this worthy man, an unainching whiI
though he was, held by general consen
the craftsmanship of the Committee o
Claims; and he had but to speak for
claim, and it was its death doom. Th
House looked up to him as to that uprigh
inAexible, incorruptible Judge. whom NJ
temptation could make do wrong, or n
amount of influence deter from doin!
right The opinion Of such man, disal
lowing interest upon the Galphin claim,
man who had grown up with knowl
edge Of the history Of, and the law @
claims was overruled by the Attorne
General, and against such authority tn
Galphin claimants were paid there enor
nous interest on the Galphin claim. Sil
if the Attorney General had stood upo
precedent in doing all this, could pal