The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-21

Claims upon tho Treasury Department.


considered
under headwsy, having disposed OF most OF the prcsx
and important OF course the fer
appointments, which will not be made as am asssrel -
Secretary Cass for upwards OF a month yet tn new
Secretaries beginning 10 arrange the business in e
respective departments, and 10 bring order and sys
of chaos and confusion superinduced by non sesn
ton, owing TO their engagements in Casi.ss
councils, which have been held almost every day nos
the inauguration.
am satisfied from what have already seen that lar
Buchanan has Cabinet that will reflect honor upea -.
self and the country They have the ring the true ss
There drones among them there amoaa uhs
Pierce dynasy-men Of small calbre-venal and corruua,
imbece and dogmaic But, the other hand they are
character and ability kind and courteous; asaaA
Of throwing obstacles in the way Of gentlemen
with the press in procuring news they take paricAw
pains that every opportunity is afforded them in getting he
earliest and most reliable information This will also ~
ply 10 heads or departments, and am most happy -
being able to say this much the threshold OF this
administration, for augurs well for its future success.
Attorney General Black has just given opinion in ~
Carmick and Ramsey case which submitted TO him ~
the Postmaster General, involving upwards OF $40eooe
The opinion Is an able founded upon law equity -
justice, and entirely demoishes it. had but recs.av
been referred to Comptroller whit,!esey for se+eaae
have seen the opinion, and the following the pss
ruled
l. u
effect when Congress should approve Of ii, which eve1
has happened.
He decides that the contract sbrogateA ~
the Postmaster General
g. The contract having been abrogated, its ahrs
CATION occasioned the claimants any damage. ~
therefore they have claim under the law.
Judge Black is Of the ablest lawyers in the UuteA
States and lit Of General Cushing. who pro-
sided ably that department during the late adm
sration. If Judge Black does not make his mark dsrg
the present administration greatly mistaken Ia 10
man.
In relation to the Thompson claim which creaksl
such hubbub in Washington, the following docunesn
will put all further discussion at rest
OPINION OF THE ATTORNEY GENERAL IN THE Can
OF X. W. THOMPSON.
ATTORNEY GENERALS Of1ICg, March a, I06S.
SR-I have received your letter relative the claim e
W. Thompson together with Mr. Guthrie's letter CO.
ing your attention to it, and several other papers pers.
ing TO the same matter.
By the 9th section OF the civil and diplomatic apPrs-
priaton bill, passed and approved the Cd Of Mar.
1885, IS enacted that the Secretary of the Treasury ~
pay to W. Thompson out Of any money in the Treasury
not otherwise appropriated half Of the amount sa-
lated for between him and the Menomonee Indians, II .
memorial and agreement which specified and DESERVED
| in the act.
have given the words but the substance. sC -
| act II is unambiguous, simple and plain that nsn
can misunderstood it, am not aware that any questn
has been raised about its meaning. tase ~
two persons in or out of the government have Under
| stood its mandate in different senses. Nor -
there be any Intrinsic difficulty in the way q sea-
desing obedience TO II. What 1t commands 70 30 dsne
may easily he DONE the Secretary Of the Treasury
proper 70 do il. II is but looking at the memories -
agreement referred TO in the law and dividing the anslx
there stipulated for into halves, and Of the halves
the sum which you commanded 70 pay out II cay
money in the Treasury not otherwise appropriated.
peat therefore, that the face Of the law there -
neither doubt Of Mr. mompsons right nor difficulty sbsss
|
But it seems, from the letter OF Mr.. Guthrie and IA
opinion OF Mr. Cushing after the passage OF "a
materially changing its effect had been agreed
houes, but left out Of the enrolled bin What cy,descs
this assertion supported by know not take t NJ
granted that must have been strong since SUI
Glen, to convince the Judgment OF your predecessor ~
mine. You have not made the evidence that pint
part OF the present case, and for reasons which vii -
apparent hereafter have not sought IL out
We cannot go behind the Law itself, for the pW-
pose OF asceraning what the law H. An act " ConaAs
examined and prepared by the proper officers, appc~eA
by the President and enrolled ia the Department Of suite,
afterwards be impugncd by evidence 10 ae< snA
contradict nmpart the absolute verify OF rcc0rt, ak
least in far that cxtrinsIc proof be received -
erase thing from interpolate another l.
II there be apparent conflict between the iournatanA
the law, finally approved and enrolled the sounxs
have claim 10 superior authenticity II certainly ~
happened very often, and may happen any day, nx
clerk negects to note down the result OF vote v,cA
strikes Out clause section from bill in it, passage.
On the strength OF such hiatus In the Journals vhs
would say that the section stricken out should be css
dered part OF the law after II " passed and enrolled
the law IL 20 be looked Tor in the journals, the 'res
dent ough. 10 examine all the journals OF both buses
before he approves bill, Tor they may contain evs-
dencc OF provisions which in the bil and vh'oh
| he would not approve Of Bu, this mode OF ind
| ing laws IN the journals would make cnaotnSrs
neither approved by the executive nor passed by TN con.
sttuOna majority Of txo thirds. This is MOI all. ~
law may be changed by reference 10 the Journal ~
other evidence written arol may be received Dr No
same purpose. An act OF Congress which has gone through
all the forms Of the constitution and Is auhentcstd
coriing to Law, may afterwards be mended marrs ~
the testimony Of spectator who happened 10 be peeaA
when II passed. What is In, What u not m satAe,
both edcs the terms Of horse trade. And VIII ~
decide such disputes when they arscs The Judca1.
the AID Of jures and enlargement Of equity pwus,
10 perpetuaie testimony sort of justice might be Co.,
an executive ministerial oicer wanting those ids =
the Investigation OF truth would oten be oolgcd toieAs
at random We must take the acts % Congress nsA
them, without addition or dimuuon This ruleiss osvt-
ousy necessary thai no other has been seroEy Pre-
The clause which 1t is said Congress intended si.sert
but did not, In the bill authorizing the paymen 10 Mr.
Thompson u as fouovs-"Provided that the snc bs
paid with the consent OF the Menomonees" n bis hnA
actually been part OF the law, II would have made bsr
10 tse money conditional He would IN thai csc haze
been obliged 10 get from the Indians a assent adH-
ton 10 that which they had previously given in sr ne
mortal and agreement. But this provso being mi<fei,
h,s r4ht 10 the money absolute. need ny %
such omission Cannot be supplied by constructor:
do sec how the omitted prOyiso upon anygresoA
whatever be treated part Of the law.
On account Of the supposed accident or design b whdh
the yrOvc omitted the late Secretary OF the Teasury,
acting under the advice OF the Attorney General rcfsA
the act no was enutled to- aud the executio Of -
Law a. II stood suspended by the hesde9
unt Congress could be consulted on H. ! -
presume discuss the propricy OF this measwe. ss
Il VIZ well meant, am sure But all u pass
ard done n right the country has the bscht n
good example. and II II wrong cannot be re-
called. But The object and purpose for which The Al
orney General advised the suspension Of the Law ha o
fully carried out Congress consulted and he fscfs
Communicated in message a the President nerc have
been three sessions since that time and the law ands ys
unchanged in every letter. The lower house seetns "
have taken notice Of the subject But the Senate, -
the Su Of August 1856 rased resolution soeneoiy en-
pressing ~ opinion tat Richard W. Tompsos was es-
iuad 10 be paid the appropriated by the 2th secSn
Of the CIVIL and Diplomatic Appropriation bill Of nn,n y
1855. Amer such response from the ScnNe, nu Wy
any further postpOnement can hardly De hg.sna 49,
safy for Tie purpose Of consulting Congre ns
must be between obedience and uas"voo"0N " ~
admitted will OF the national Legislature. $780,, :. -.
After payment 70 Mr.. Thompson ma o,s , w. s ~ -