The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-01-14

appeared before the Commissioners a. counsel fo
onesoi his constituents, who. paid him fee. n,
md attended 70 thousands Of c1Hes for III cohstit
laents and others before the bb artmehts, and hae
Ssss S1sn Otsd s. his ser
. Mr. STEPHENS did not complain Of his. But
ns point was: up to this time, in the history of
government, such q connection has never beer
deemed improper. There wac no law against it
and the only officer prohibited from holding such
relationship to claims is the Secretary Of the Trea
snry
In the course 1f bis retfiatks lie said that the
Secretary of State Mr.. Forsyth under tack6oh'i
administration was engaged to prosecute the Gal
phln claim; and, after dwelling for some time on
thus point, and giving history of the case, be in.
sisted that it was not fraud. The facts which he
produt ed he claimed incontrovertbe in the past
and incontrovertible in the future While he saw
notnlhg improper in the past, as an original pro-
position, he intended to vote for the bill with an
amendment; but not as it is, bscaisc by its provi.
slons ne might be put into the penitentiary for
niing claim for constituent. @
MIR STANTON, of Tennessee, said that il Mr.
Corwin knew that the claim was supported by for.
gerry aud perjury, then he is guilty of subornation
o. perjury and. on this special subject, of every
thing which had been said of him. One of his
{Mr: S's:1 Gonstttents; having claim before the
Mexican Commission for less than three thousand
dollars, came to him and paid him for drawing up
the papers. twas supported by documentary EVIL
dence, which he presumed was correct They
might have been sustained by forgery and perjury.
~ 80, there would have been just az much right to
charge him as Mr.. Cofwin with improper conduct
re pfesuined, however, from bis knowledge of
Mr. Corwin's character, that that gentleman was
not cognizant fsuch state of things. He did not
see any improPriety in appearing before any trbu-
nal established by Congress for the adjudication Of
claims; buff Congress choose to establish new
rule and say that members shall not appear he was
content But such had Tot BEEN tie rule hereto
lore; nor had he supposed, nor would it be con-
before ouch tribunals than before the Supreme
Court Of the United States; for he had appeared
before that Court in several cases. and sh utd not
hesitate to do SO again. provided he had the leisure
to devote to the business.
Mr.. JOHNSON; Of Tennessee, asked whether his
colleague justified Mr.. Corwin-admitting that
MIR. Corwin did not know it was a fraudulent
claim at the time he prosecuting it, but after
the money was received, the facts developed be-
yond doubt that the claim was sustained by for
gerry and perjury-did his colleague Justify Mr..
gorwin tnder the circumstances in retaining the
moneVp
Mr.. STANTON replied, he would not justify it,
and thought the money ought to be refunded if
such lie the case. He had been told that Mr.. Cor
win had pledged himself to do so if the truth of
the charge shall be established
Mr. JOHNSON had no doubt that such would
be the reply of his colleague, for it was The con-
clusion Of every honest man in the House.
Mr.. WILLIAMS prepounded question to his
IN ysaE pfsttIce Is lawyer, suppose : you defend
a man for stealing, and the accused is convicted,
do you return the fee; or how do you act in case
of that kind?
Mr. STANTON said that a suspicious character
once paid him a fee in counterfeit money; and he
was sorry the accused was acquitted. Laughter
Mr.. WILLIAMS remarked that he remembered
reading, when boy, that it was primd facie evi.
dence OF mans honor when he was elected
member of Congress-. but it struck him that this
rule was about to be changed, SO that it may be
considered prima 5acie evidence that he will act
He knew of no rule to prevent him
from prosecuting claims before the Departments.
Mr.. JOHNSON, of Tennessee, asked his col
league question: Suppose an individual has stolen
horse, is arrested and brought to justice and the
horse stolen is received by my colleague as lee
to defend the individual. He did not know the
horse was stolen; but the man is charged with the
larceny; and after the trial it is ascertained the
horse was stolen, and the owner demands it-would
not my colleague give it ups
Mr., WILLIAMS replied that the question re-
quired no answer. lie was only speaking Of the
practice known at the bar, and not to show that
Mr.. Corwin did right in retaining the money. Did
his colleague know that Mr.. Corwin has not given
up the money!
Mr.. STEPHENS, of Georgia, said that it would
be time enough to entertain an opinion of Mr.. Cor
wins integrity when the question as to the valid
ity of the Gardner case shall have been decided.
Mr.. JOHNSON, of Tennessee, asked whether
the gentleman and his fisnds, generally and in
dividuaily, would come forward and endorse, in
the face of the American people, that if on the
final hearing of the case Gardiner should be con
vlcied OF perjury and forgery, and the claim es
tabiished to be fraudulent, Corwin and other re
cipents of the stolen money will replace it in the
treasury?
Mr.. STEPHENS, of Georgia, said that the Pre-
eideht caused the arrest of DR.. Gardiner long be-
fore the gentlemen from Ohio (Mr. OLDs) intro
duced his resolution asking for an investigation
The President did right; and the committee Of
which the gentleman is a member, in their report,
showed that no man was more anxious than Mr..
Corwin for an examination of his connexion into
the case. But he was asked what Mr. Corwin
would do, in anticipation Of judgment. DIR. Gardi
ner had given security for his appearance, and by
counsel would be vindicated; and therefore he
would not PREJUDICE the case. The accused says
that the claim brought forward by him is anthem
tic, and that be will make it so appear. 1.-THE case
shall be proved to be fraud, the same vigilance
which has pursued DR.. Gardiner, ought TO pursue
every man who has dollar of the money
Mr.. ORR briefly explained the agency of con-
Thompson-in the prosecution
OF the Gardiner claim. If, he said, Mr.. Thompson
was imposed upon, so was the Mexican Board Of
Commissioners, who believed the statement of DR..
Gardiner to be true and correct.
Mr.. JOHNSON, of Tennessee, asked whether, if
it should turn out that the whole claim fabri-
Cateu, ur. lnOnpaon Will return the s. 42,UtU OF
stolen money which he now has in his pocket.
Mr.. ORR Waa not prepared to say what course
Mr.. Thompson will pursue; but his opinion was
that Mr.. Thompson ought to return the money il
the claim turns out to be fraud.
Mr.. HOWARD spoke with reference to the ac-
tion of the select committees and in the of
his remarks said that thei no evidence before
it TO show that either MIR. Corwin OF MIR. Thomp-
son knew or believed the claim to be a fraud
Mr.. PRESTON KING explained the provisions
OF the BILL and spoke of the duties which were con-
ferred upon the select COMMITTEES; when
Then House voted upon and agreed to the pend
ing amendment and the bill was then made to
provide
|. That all transfers and assignments hereafter
part share thereof or interest therein, whether
absolute conditional, and whatever may be the
consideration therefor; and all powers of attorney
orders, other authorities for receiving yment OF
any such claim or any part or share thereof shall
be absolutely null and void unless the same shall be
freely made and executed in the presence of at
least two attesting Witnesses after the allowance
of such claim, the ascertainment Of the amount
due, and the issuing of warrant for the payment
thereof.
2. That any officer of the United States, or per-
son holding any place Of trust or profit or dis.
charging any official function, under, or in con
nexion with, any Executive Department OF the
Government of the United States, or under the
Senate or House of Representatives of the United
States, who, after the passage of this act shall re-
ceive any gratuity from any claimant against
the United States; or agreeto receive, or receive
except by Inheritance, bequest, or marriage, any
share DecDniarV in lain nro; nj