The Washington union., 1857-04-21

By the Lsth the CIVIL uplonAllc
priation BILL passed and approved ON the Sd OF March,
1885, il is enacted that the Secretary Of the Treasury shall
pay to r. w Thomson, out of any money in the treas
ury not otherwise appropriated one half OF the amount
stipulated for between him and the Menomonee Indians
in memorial and agreement, which specified and
described in the act.
have given not the words but the substance Of the
act IL is SO unambiguous simple, and plain that no
man can misunderstood ii. 1 am not aware that any
question has been raised about its meaning, or that
any two persons IN or out OF the government have nn
dersood its mandate in different Nor can there
be any intrinsic difficulty In the way OF rendering obe
dence to IT, What Ii commands to be done may easily
be DONE If the Secretary OF the Treasury proper TO do
it, II is but looking at the memorial and agreement
ferred to in the law and dividing the amount there stp
ulaed for into halves and of the halves is the sum
which you commanded to pay out Of any unappro
priated funds in the treasury. repeat, therefore, that
the face OF the law there be neither doubt OF Mr.
Thonsons right difficulty about the performance OF
your duty
But it from the letter of Mr.. Guthrie and the
opinion of Mr. Gushing that after the passage Of the
act allegation made by some one that proyiso
materially changing its effect had been agreed to by both
houses, but left out OF the enrolled bill What evidence
this assertion supported by know not. take II
for granted that 1t must have been strong since II was
sufficient convince the Judgment of your predecessor
and mine. You have not made the evidence on that
point part of the present case and for reasons which
will be apparent hereafter, have not sought it out We
cannot go behind the written law itself for the purpose OF
ascertaning what the law is An act OF Congress exam
ned and compared by the proper officers, approved by
the President, and enrolled in the Department OF State
cannot afterwards lie mpugned by evidence to alter and
contradict it. 1t mparts the absolute verify of record
at least in far that extnsc proof be received
to thing from it, to nterpolae another into
it, there be an apparent conflict between the journals
and the law as finally approved and enrolled the journals
have claim to superior authenticity II certainly has
happened very often, and may happen any day, that
clerk negects to note down the result of vote which
strikes out clause section from bill on its passage
On the strength Of such hiatus in the journal, who
shou1 consjd-
cred part OF the law after it is passed and enrolled
If the law is to be looked for In the journals the Pres
dent ought to examine all the journals Of both houses
before he approves bill, for they may contain evil
denco of provisions which not In the bi and which
he would not approve Of But this mode Of finding laws
in the Journals would make enactments neither approved
by the Executive passed. by the constitutional major
ity OF twothirds This Is not ALL II the law may be
changed by reference to the journals, other evidence
written paro may be received for the same purpose
An act of Congress which has gone through all the forms
of the constitution, and is authenticated according to law
may afterwards be mended marred by the testimony Of
any spectator who happened to be present when passed
What is in, what is not in statute, must then be
question open contradictory proof both sides
the terms of horse trade And who shall decide such
disputes when they arise The judiciary? 1t would be
service to the judges but perhaps with the aid Of
juries and some enlargement of equity powers to perpet
uate testimony, sort of justice might be accomplished
in some with great deal of trouble But
utive ministerial officer wanting those aids for the in
vesgaon of truth would often bo obliged TO decide at
random we must take the acts o Congress as we find
them, without addition dminution This rule is so
obviously necessary that other has ever been seriously
proposed
The clause which it is said Congress intended to insert
but did not in the bill authorizing the payment TO Mr.
Thomson is follows ''Propidd That the same be
paid with the consent of the Menomonees If this had
actually been part of the law il would have made his
right to the money conditional He would in that
have been obliged to get from the Indians assent
in addition to that which they had previously given in
their memorial and agreement But this proviso being
omitted his right TO the money absolute. l need
not say that such omission cannot be supplied by
srnction nor do see how the omitted proyiso can
upon any ground whatever be treated part OF the
law.
On account Of the supposed accident or design by
which the provso omitted the late Secretary of the
Treasury, acting under advice of the Attorney General
refused to pay Mr.. Thomson the money which, by the
terms of the act he entitled to- and the execution of
the law it stood suspended by the President until
Congress could be consulted it. do not presume to
discuss the propriety of this That ii well
meant am sure but at all events, it is past and done
Ii 1t right, the country has the benefit of good
ample; and If 1t was wrong 1t cannot be recalled
But the object and purpose for which the Attorney Gen
er advised the suppression of the law has been fully
ried out Congress consulted and the facts commu
nicated in message Of the President There have been
three sessions since that time and the law stands yet
changed in every letter. The lower House to have
taken notice of the subject But the Senate, the
Sth of August, 1856, passed resolution solemny
pressing its opinion that Richard w Thomson entitled
to be paid the appropriated by the 27th section of
the civil and diplomatic appropriation bills OF March 8
1855 After such response from the Senate, and the
silent acquescence Of the House for three whole sessions
any posponenent hardly be thought necessary for
the purpose of consulting Congress The question must
be between obedience and dsobedience to the admit
ted wills of the national legislature.
After payment to Mr. Thomson had been refused at the
treasury agent appointed to take the Of the
Menomonees and ascertain whether they would
not to the payment Of his claim under the law. The
agent reported their refusal to assent and Mr.. Thomson
complained that they prevented from giving their
assent by the improper interference Of the agent himself
Should these facts have any influence the decision
to be made Congress declared that Mr. Thomson should
be paid certain sum out OF funds in their treasury
which they had right to appropriate to that object
From this determination OF Congress appeal lay to the
Menomonee Indians The payment OF the money was
not made dependent any future expression of their
will Their refusal to sanction the law could not repeal
it, or in any wise diminish the obligation Of the Exeo
tive to carry it out. When Congress commands thing
to be done, and the Menomoncc Indians forbid to be
DONE 1t is not very difficult decide where obedience IL
due by officer Of the United States government To
follow the act Of Congress- and not the decision of the In
dams, would be tolerably plain duty in any case but
here II Is rendered palmer stl by the consideration that
1t is disputed and doubtful question Of fact whether
the unbiased opinion of the Indians Is opposed to the law
not
But Mr. Thomson agreed TO take the sense Of the In
dans and to that end assented that agent should be
appointed. Did this bind him to stand or fall by The
agents report Ii he had absolute right under the
law to be paid cannot say that think he forfeited that
right by an abortive attempt to comply with condition
which the law did not impose ON him. He made a vol.
unay effort to strengthen himself with the Treasury De-