The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1855-02-10

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As an act Of simple justice to an honorable
and honored fcllow-citizen-a client, and per
sonal friend. we deem it our duty to state tn,
facts relating to the difficulties between A. NJ
Fridley. Esq. late Agent for the Winnebagt
tribe OF Indians. and the Government of the
United States, as the same have come within
our own personal knowledge.
| The last payment to those Indians made by
Mr.. Fridley, as their Agent, was completed on
the 10Th day of May. 1853.
1t amounted. in money and goods, to up.
wards of $4,000.
Soon after that payment. and before the
| ed to Washington. through the usual channels
orders were sent to Minnesota. by the then new
Administration. directing suit to he commenc-
ed against Mr.. Fridley and his sureties. for the
| amount thns paid. and he was, of course, advis-
ed of the receipt of such orders.
| The proceeding was such wide departure
from the usual course of business. SO uni lstii-
,ble. and so harsh. that Mr.. Fridley naturally
| regarded it as an attempt superinduced by his
enemies. to injure him personally. rather than
Us an honest effort to protect the Government
from loss.
He. therefore. put himself upon the defensive
and awaited the commencement Of the suit.
which had been thus unnecessarily threatened
and directed. r..c u4..
He employed us as his counsel. as did, also
his sureties. aud from tn It time to the present,
he aud they have acted under our advice and
direction.
We told Mr. Fridley that as the Government
had determined to sue him, without affording
him an opportunity to settle his accounts. he
ought to retain in his possession the evidence
necessary to protect him against such suit.
Acting upon that advice. he withheld the
vouchers of the payment referred to. and other
vouchers which had been. previously thereto.
.lsallowed by the accounting officers, but
which were capable Of clear and satisfactory
explanation and correction.
The orders Of the new Administration were
not. however complied with until the 25th day
of October. 1853 when d. Ii. Dustin. Esq. then
the District Attorney of the United States for
Minnesota. filed in the Office of the Distr CT
Court of Ramsey County praecipe. whereby
he directed the Clerk of the said COart TO issue
n summons in cansc which he entitled 1.-THE
United States of America against A. NJ. Frid
lev" in an action of trespass on the case to tho
damages of the plaintiff in the sum OF S5O.00O
which summons was required tn bc made re.
turnable on the third Monday of April. 1854.
On the same day. a summons WAS issued. in
conformity with the prnecipe so filed. directed
to the u. S. Marshal. for the Territory, which
summons was served upon Mr.. Fridley aud re-
turned.
Immediately after the institution OF that suit.
we called upon Mr.. Dustin and informed him
that we had been employed as counsel for tie
defendant Mr. Fridley and requested that no.
tice of further proceedings should be served
upon Us. Afterwards. in conversation with
Mr.. Dustin. upon the subject, he referred to an
interview had by him with Mr.. Fridley. and
said that an inspection Of the vOuches in the
possession of Mr.. Fridley. had convinced him
that the suit could not be sustained. and that
the Government was really Indebted to Mr..
| Fridley.
| He, moreover, stated that he had written to
Washington for further instructions. and that
he would not proceed in the suit until such in
structiOns were received.
! No action has been had in the matter since
Mr.. Fridley and his attorneys have been ready
at all times. to respond to any demand of the
United States against him, and are so ready
now. If the Government will withdraw the
suit. and appoint a convenient time and place
of settlement, be such place Washington or
elsewhere, Mr.. Fridley will. with pleasure, give
attendance, and make settlement.
| But 80 long as the suit referred to, remains
pending against him, he will hold on to the ev-
idence necessary to defend himself therein.
That balance appears against him on the
books Of the Treasury Department may be.and
probably il. true. But that such balance has
| ocCu poios onu 0'SA P"au, ~ ssSoS1s NNN CuH
pr0re. ..
Numerous instances of rumored. and report
ed defaults have necessarily occurred and still
daily. occur in the management of the finacal
affairs Of the government, which have no bet
ter or other. foundation than unsettled ac-
counts which, when adjusted establish the in
tegrity and fidelity Of the disbursing agents.
There il an appropriate mode. time. and
place. for such adjustment to which the gov
ernm mt can resort and which in this case it
has elected. Let it go ahead.
Mr.. Frdley has not summed. but has court
| ed investigation into his official conduct. He
b not absconded. but il here. prepared to
meet any just demands upon him. whether
such demands be presented by the government
! or any Individual. He. and his sureties. are
within reach OF judicial process. and are fully
worth the amount of the bond they have given
to the United States. They are not only pre-
pared, and willing. but they are anxious. to
meet. and refute. any allegation that any coz
dition of that bond has been violated. 1l
| In the meantime charges of default are made
with very ill grace by the government which
in twenty -One months has not been able to
furnish any other evidence that the charges are
| well lnerited than the service Of summons in
an action of trespass on the case. sgod s.sf
ed RICE. HOII.INSHEAD l. BECKER,
Attorneys for A. NJ. Fridley, and others.
ST.. Paul, Feb. 2, 1855. % '''-' ''-'a''' g
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