The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-04-29

Gbansbills 9ailg Sournal.
} Richard w. Thompson.

hs Washington Union. 1t places the s
transaction in SO clear light that every a
me may comprehend it.
The facts which follow are given up
IN such authority as cannot be question
ID. =. ri ---.'f ,'rr
"Richard w. Thompson, of Indiana,
presents to the thirty-third Congress
claim against the Menominee Indians
At the second session of that Congress, a
provision was put in the civil and diplo-
matic appropriation bill to pay the claim
As it appears in the act it is as follows:
That in accordance with the memorial
OF the Nenominee Indians to the Presi-
dent and Congress, dated the, fourth of
October, 1854, and executed in the GEN
eral Council OF the Nation, the Secretary
Of the Treasury pay to Richard w.
Thompson, out Of any money in the
Treasury. not otherwise appropriated,
one half Of the amount stipulated in the
memorial, and in an agreement of said
Indians, with sand Thompson, dated 18th
February, 1851, for his services as At
torney for said Indians the prosecu-
ton Of a claim in their behalf-lor ad-
ditional compensation for laLds coded by |
them to the United States by the treaty |
of1848, and that the sum so paid be de-
Quoted from the annuities when due and |
payable that are to be paid to the said
Indians under the treaty of the 18th Of
May, 1916, aud the amendments there
tO'' This act was passed and approved
Sd March, 1855.
After the passage Of this act, it was
alleged that the following proviso had
beeu made to this provision for the pay
ment Of Thompson, to-wit: PROVIDED
that the sum be paid with the assent of
the Menominoes.' On an examination
Of the journals of the House and the Sen
ate, it appeared that this amendment had
been added in the House and agreed to
in the Senate. Either the Journals were
wrong or the proviso had been accident
ely omitted in the enrolment Of the bill
Under these circumstances, tho former
Attorney General Gushing, gave it as his
opinion, that the President and Secretary
Of the Treasury would be justified in
withholding the payment Of tho money,
until Congress had an opportunity Of COR
recting the error in the enrolment of the
bill, il such error had been made. In
the mean time, Thompson undertook to
obtain the consent oil. the Menominee In
dams, but was prevented, as he alleges,
by the improper interference of some OF
the officers Of the government. The
payment, however, was withheld in con-
ha IF
ing. The first, second and third sessions
of the Thirty fourth Congress was held,
thus affording the amplest opportunities
for the actions of Congress. The sub
j-ct was brought tothe attention of Con-
gress by message from the President of
the United States to the Senate. 10th
April, 1856, in answer to q resolution of
. that body. Ii required the concurrent
action of the two Houses to correct the
alleged error in the enrolment Of the
provisions for, the payment of Mr..
=, Thompson. The house took no action
whatever on the subject. Its silence
conld only be considered as an acquies-
csnce in the law as it stood enrolled, and
/, upon the Statute book. The Senate,
however, took the subject under consid-
Grafton, and, dter referring the Presi-
dents message co one of their standing
committees, took the report of the COM
mittee in open Senate. That report was,
THAT they consider no further legisla-
ton on the subject necessary or expedi-
lent, and ask to be discharged from the
further consideration thereof which re-
port was agreed to. with the following
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 tn.
d sum appropriation by the twenty-seventt
section:of the civil and diplomatic act
approved March 3. 1856
This action of the Senate was had OF
the Sth August, 1856. 1t will thus b,
seen that not only the attention Of Con-
gress been called to the subject, and tn,
opportunity afforded of correcting the al.
legged error, or Of repeating the law, ant
there had been an entire failure on TIN
the part Of both houses to do either tn
: one or the other, but, the Senate, who's
concurrence was necessary for any sucl
action, had expressly declared its appro
val of the law as it stood. and its opinion
that the money should be paid in conlor.
nifty to the law.
"Nothing more was done by Congress
on the subject, and the only question
presented to the present Secretary of tn
Treasury was, whether or not he woul,
carry out the law as it stood on the stat
a ute book. This action upon the case, S
early after he came into office, tcas nc
in TIE instance of the claimant. So Ga
from it, he had taken up the subject a
the suggestion Of his predecessor, Nj
Guthrie, and had referred it to the Al
torney General for an opinion, before tn
claimant was probably aware that it wa
undergoing his examination. The claim
ant had instituted suit against Nj
Guthrie, after he went out of office, fc
the claim. Mr.. Guthrie called the a.
tention OF Mr.. Cobb to the subject, I
know il the government would under
take the defence Of the suit; and tn
case was examined with view to respon
to this application oe Mr.. Guthrie. Th
examination by the Secretary and Alto
ney General satisfied them that the La
ought to be carried out, and the none
paid as the law required. This woal
terminate the suit SO far Is the princip;
sum was concerned, and if it was prose
icuted at all, it would only be for the il
terest that occurred from the passage
T the act. This explanation is made in n