The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-27


The COURT. That is use of the evidence thew
] propose to draw from the witness. do not know
what their object is.
MIR. CARLISLE Have not right to ask how
| much that balance was, and how much it ia now
| Have not right to ask him if there was any diff
| ference, and what has been done with the amount
| going to make up the difference?
Mr. MAY That comes to the question which we
are prepared to object to.
| The CouRT. We cannot tell what the use is 90.
| ing to be.
MIR. MAY. The counsel has already told the
/ court what use they intend to make of it.
Witness was notified this morning to appeal
| here, and | procured the information from the
| books az soon as possibly could; and, in endea.
| vorlng to reconcile the whole statement, there
| may oe variation of few dollars Perhaps [
had better state, in the FIRST place, how much the
Appropriation was, and then what the amount OF
| the awards was. The appropriation S3,250,-
| 900. The total amount Of awards was a. pos
| BIT 46.
The Court. Does that give the precise sum?
Ans. 1t Is from the printed statement, which
suppose to be correct. | have got the amount
which has been paid; but think The discrepancy
Is IN adding up, as 1t was done in great haste.
Mr.. CARLISLE. What amount was left in the
Treasury?
Ans. $4l .6S2 Sd
Cues. Is that amount still in the Treasury?
Ans. 1t is in the Treasury for aught know.
CUES Has 1t not been transferred to any other
fund?
Ans. 1t has not been transferred to any other
fund, within my knowledge
Cues. Will you please state whether you as
Comptroller OF the Treasury, have authorized the
payment, or acknowledged the payment of any
sums OF money to witnesses brought from Mexico
In thl lease: and out of what fund they were raid?
The DISTRICT ATTORNEY objected to tn oues-
ton.
Witness requested that he should be allowed
to return to bis Office, persons there wait
ing Tor him on public business
Mr.. CARLISLE submitted in writing the following
question, to which objection had been made:
"Have you, Comptroller of the Treasury,
knowledge of the fact that any, and what sums of
money have been paid for witness and other ex.
penses connected with this prosecution cut of any
other fund than that appropriated by law for judi
cia expenses; and state what that other fund WASP
After the question had been taken the court took
recess.
The court reassembled.
After discussion of the admissibIity of the ques-
ton submitted by Mr.. Carlisle in the morning by
the counsel both sides, the court made the fol-
lowing decision:
The CouRT. Whether this prosecution was in
stltuted at the instance of the late President of
the United States, or of private person, has
bearing whatever on this any other question
that has arisen on the trial of this cause. There
10 no just discrimination between this and any
other prosecution; and | have every confidence
that the jury will try it precisely as if ii
case of assault and battery, or other inquiry un-
Important to the public the law and the evidence
adduced to them in the box. This remark is made
because great deal has been said about the agency
to this prosecution. So far as concerns The pre-
sumption In favor of the Presidents official acts,
he is undoubtedly entitled to it-no more, how
ever. than marshal or constable is entitled TO
the like presumption. think the question, go far
as concerns the amount paid the witnesses, may
Ge put, because it is the only mode, If they have
no. told the whole truth, in which it be shown
that they have withheld a part of what they
ought to have said. So far, the evidence o1eredis
admissible, because it may affect witnesses in two
ways-hrst, by way of showing the bias; and
secondly. BY showing the discrepancy betsceen the
facts and tohot the acitnesses said But go far as
concerns the fund used, am of different opinion.
Either the fund within the legal control OF the
Presidents order, or it was not. That is not for
me to decide, nor | think matter of proper in
quiry here.
Mr.. Whittlesey, recalled.
Mr.. BRADLEY. Have you any means Of knowing
how much witnesses have received?
Ans. We will have an opportunity of knowing
so far their accounts settled If their names
be given. and the court will permit me to go back
to the Office. it will take but short time to get
up the accounts.
Mr.. BRADLEY l would ask the court whether |
cannot inquire by what officer money has been
paid to witnesses?
The CouRT. The court does not see any objection
to it.
Mr. BRADLEY By whom was the money paid,
and how much was paid?
dns. III that be proper question, / should prefer
returning to the Office to look at the accounts. /
should not like to testify verbally. All have to
do is to countersgn warrants and settle accounts
The Court. That is, money in large sums? ~
Ans. Yes, sir.
Cues What accounting officer was charged with
the disbursement of this money?
Ans. There was special agent appointed for
the purpose of disbursing this money witne sses
CUES. w DO was that special agent?
14ns Mr.. McKane, the disbursing agent Of the
Department.
CUES. How was he appointed?
=, Ans He was appointed disbursing agent of the
Treasury Department.
MIR. MAY Who appointed him special agent?
Ans. President Fillmore designated him as
special agent for this particular business.
Mr.. BRADLEY. When was that1
Ans Soon after the prosecution had commenced.
could not state the particular day.
CUES. Was it before any payments made
out of the Treasury?
Ans. Money cannot go out of the Treasury
without warrant
Cues Do you settle the accounts of the State
Department also?
Ans. Yes, sir.
Cues. Do they pass through MI. McKane's
hands?
Ans. No, sir.
Cues. Then if any payments were made in the
State Department on account of this business they
would necessarily have come before you?
Ans. The accounts would have come before the
Comptroller for revision.
Cues. Do you recoect that payments have been
made?
Ans / do not recoect that any have been made
hrough the State Department to witnesses from
Mexico.
The COURT. Mr.. Bradley will furnish you with
ne names OF the witnesses, and you car then give
he testimony desired
Mr.. MAY. When you have doubts about the
meaning OF law, by whose decision and deter
nlnatlon are you governed?
Ans. Whenever accounting officers doubt about
what construction should be put upon law, they
eek through the President or the head of the De.
'artment the opinion of the Attorney General
CUES When you get his opinion you act up
N it?
Ans. We do not consider it conclusive in all in.
ances.
Cues. His decision questions of law is al
ways treated with respect?
Ans. Always. but do not think they always
have the binding force Of law They are opinions
expressed by law, and not decisions The hi hest
aspect should be paid to the opinions of lawyers
My rule has been this; Whenever / asked for the
pinion of an Attorney General have been gov,
rned by the opinion put upon the law. Whenever
he head OF the Department, or any officer has
sked for the opinion of the Attorney General in
citation to my duty, which was not asked for bv
as, have done az chose about it. do not think
hat the head OF a Department lie authorized by
aw to take the opinion of the Attorney General
niess the accounting officers request that opinion.
Mr.. BRADLEY. Whenever you request that
p'nion, you consider yourselves bound by it?
Ans. Yes, sir.
. CUES Now, in regard to this particular matter,
no Of AZ