The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-04-18
THE TREASURY DEPARTMENT AND THE CASE OF
II. W. THOMPSON

THE TREASURY DEPARTMENT AND THE CASE OF
II. W. THOMPSON.
We have delayed TO notice the gross attacks on the
head of the Treasury and others connected with that
department simply because we learned, upon inquiry,
that the Attorney General Incorporating an opinion in
the case which would probably be ready in few days
When that opinion is ready for publication, we shall
take the subject up and with the facts already in our
possession shall endeavor place the whole matter
in its true light In the mean time we find in the
Pennsylvanian carofully-prepared remarks, OK
planatory and defensive of the action of the Treasury
Department in that case, which we have great pleas
ure in transferring to our columns
9. Our remarks Tuesday last upon the exposure Of
the anonymous caumny against Mr. Cobb the Secretary
of the Treasury, and upon his Assistant, Mr. Clayton,
though written with no other information than that
which the mere correspondence supplied proved as we
had no doubt they would prove, to be well founded.
careful examination into the has served to con-
firm and to ortify these original Impressions to exhibit
the guilty basenes of the who sought to strike his
blows upon honest administration from the midnight
cloak of secrecy to establish the upright just impartial
and careful action of the Treasury Department in the
matter of the claim Of r. w. Thompson, of Indiana to
vindicate from every shadow of suspicion blame the
character of Mr. Clayton, the Assistant Secretary of the
Treasury and, finally, to fasten upon the candes-
tine assaantnow longer clandestne but notorious
having fabricated almost the entire foundation upon which
his allegations rested.
.Thc facts which follow given upon such authority
as cannot be questioned
g Richard w. Thompson, of Indiana presented to the
Thirtythird Congress claim against the Mcnomnee In
dams At the second session of that Congress provision
put in the civil and diplomatic appropriation bill to
pay the claim AS it appears in the act it as follows
That in accordance with the memorial of the Menomnee
Indians to the President and Congress- dated the 4th of
October 1854 and executed in General Council of the
nation, the Secretary of the Treasury pay to Richard W.
Thompson, out of any in the treasury not other
wise appropriated of the amount stipulated in
said memorial and in agreement of said Indians with
said Thompson dated 10Th February, 1851 for his
vices attorney for said Indians in the prosecution OF
claim in their behaffor additional compensation for
lands coded by them to the United States by the treaty
of lS4S and that the sum paid be deducted from the
annuities when due and payable that to be paid to
the said Indians under the treaty OF the 18th May 1854
and the amendments thereto. This act passed and
approved Sd March, 1855
after the passage of this act it alleged that the
following proyso had been made to this provision for the
payment of Thompson, to witt Provided that the
be paid with the assent of the Menominees On an
animation of the journals of the House and Senate it APP
peared that this amendment had been added in the House
and agreed to in the Senate. Either the journals
wrong the proviso had been accidentally omitted in
the enrolment of the bill Under these circumstances,
the former Attorney General Cushing gave it his opn
ion that the President and Secretary of the Treasury
would be justified in Withholding the payment of the
money, until Congress had opportunity of correcting
the in the enrolment Of the BILL If such had
been made. In tho time, Thompson undertook to
obtain the consent of the Menoinnee Indians but
prevented he alleges by the improper interference Of
some of the officers of the government The payment,
however withheld in conformity to the suggestion OF
Mr. Cushing. The first second and third sessions Of the
Thiry-fourth Congress were held thus aortling the
es opportunities for the action of Congress. The subject
brought to the attention of Congress by message
from the President of the United States to the Senate,
10th April 1856 in answer to resolution Of that body
1t required the action of the two houses to
correct the alleged in the enrolment of the provision
for the payment of Mr. Thompson The House took
ion uhaerr he subject Its silence could only be con-
sered acquescence in the law it stood enrolled
and upon the stautc-book. The Senate however, took
the subject under consideration, and after referring the
Presidents message to of their standing committees
took the report of the committee up for consideration in
open Senate That report was That they consider no
further legislation the subject necessary eXpedent
and ask to be discharged from the further consideration
thereof; which report agreed to, with the follow
ing amendment Resolved, That the Senate agree to
this report and that the said Richard W. Thompson is,
in the opinion of the Senate entitled to be paid the
appropriated by the twentysevcnt section of the civil
and diplomatic act approved March 8, 1856
This action of the Senate had on the 9Th August,
1856 1t will thus be that not only had the atten
ton Of Congress been called to the subject and the OPP
portuny afforded Of correcting the alleged or Of
pealing the law and there had been entire failure
the part of both houses to do either the the other
but The SHqttrhoe necessary for any such
acioad expressly aocded lis olIyoro II he atc stood
and its opinion hat the mony should b pad "a conformity 10 he
lar.
'Noihng moro done by Congress on the subject,
and the only question presented to the present Secretary
Of the Treasury was, whether not he would carry out
the law as it stood upon the satutebook. This action
upon the case so early after he into Office
al he instance Of he claimant SO far from it, he had
taken up the subject at the suggestion of his predecessor
Mr. Guthrie, and had referred it to the Attorney General
for opinion before the claimant probably aware
that it undergoing his examination The claimant
had instituted suit against Mr. Guthrie, after he went
out of Office, for the claim. Mr. Guthrie called the at
tenton of Mr. Cobb to the subject to know il the gov
eminent would undertake tho defence of the suit and
the examined with view to respond to this APP
pication of Mr. Guthrie The examination by the Sec
reary and Attorney General satisfied them that the law
ought to be carried out and tho money paid the law
required This would terminate the suit far the
principal sum concerned and ii it was prosecuted at
ALL il would only be for the interest that accrued from
the passage of the act This explanation is made in
ply to the charge that the taken up and acted
upon in hot haste
60 1t will be observed that the present Secretary had
nothing to do with the merits of the claim of Mr. Thomp-
IL originally stood upon that he has passed
judgment That question for the action of Con-
gress His duty to look to the law the only
exponent Of the will of Congress- and TO carry it ont in
good faith according its manifest meaning and intent
II bad claim has been paid it is not the fault of the
Secretary who paid It, but Of Congress who passed the law
requiring him 10 do it. If it is charged that mistake
occurred In the enrolment of the law by which inn
portant proviso was omitted the reply Is that such
mistake, accident error cannot be corrected by the
executive department That power vested in Con-
gress and the opportunity afforded them.for the
rection and Congress not only declined TO act but