The national Republican., 1861-03-22
FLOYD'S REGULATIONS.

ner in which the indictments against John b.
Floyd had been disposed Of, we did not intend
to cast any imputation upon the Judge Of the
Criminal Court, or the District Attorney. We
do not impute to Judge Crawford even an er.
ror in judgment, in deciding that the examina.
ton of Russell and Floyd before the in.
vesligating committee protected them from
criminal prosecution, founded upon the trans.
actions as to which they we're so examined.
We do not see how, in the face Of the positive
provisions Of the statute on the subject, he
could have decided otherwise. This being the
case, when Floyd permitted that defence to be
interposed, it was idle for the District Attorney
TO attempt the further prosecution Of the in
dctments.
We intimated however, that there are other
cases of corrupt malfeasance in office by Floyd,
which ought to be investigated in the Criminal
Court, in which he can avail himself of no
such exemption. An investigation of his acts.
while Secretary of War; will bring to light
man, cases of the allowance of claims upon
the Treasury, so manifestly unfounded in law
or justice, as to satisfy any reasonable mind
that corrupt motives must have influenced his
action.
We give below the leading facts in one case,
which is an old.time acquaintance of ours, viz
THE GEORGE FISHER CLAIM.
The history Of this case is, briefly, as follows:
Many years ago, claim was presented to Con-
gress BY Col. George Fisher, of Florida, (now
deceased for compensation for tho consump-
ton of and damages done to, his crops and
other property, by the American troops and
the Indians in the year 1913. In April, ls4s,
Congress passed an act, referring the claim to
the Second Auditor, to examine the testimony,
and determine the amount of damage done by
the American troops, but directing him not to
allow anything for depredations committed by
the Indians. Gen. McCalla, who was then
Second Auditor, examined the claim in pur.
suance of said act, and first allowed the sum
Of $S,973. Shortly afterwards he re.examined
the claim, and made an additional allowance
OF interest, amounting to ss,797.94. In May,
1919, the case was again reexamined by the
successor OF Gen. McCalla, and additional in.
terest, to the amount Of SIC, ,O04.s9, allowed
making total of S27,575.33.
The case thus stood in 1850, when the writer
Of this was applied to, professionally, by the
administrators Of Col. Fishers estate, to prose-
cute the claim for a still further allowance.
But, on q careful examination of the evidence
on file, we came to the conclusion that larger
amount had already been allowed than was
justly due, and declined to engage in the fur.
ther prosecution Of the claim. During that
year, however, an application was made to the
Second Auditor for further allowance, but he
refused to entertain it, on the ground that the
case was closed.
In 1854, an act was passed directing the
Second Auditor to re.examine the case, and to
give the claimants the benefit of certain items
want of authorization, provided the same is
now legally authenticated by the Executive of
Alabama" No further allowance, however,
was made under this act
The case thus rested until Floyd became
Secretary Of War, when, during the first ses-
sion of the Thrty.fhh Congress, a joint reso-
luton was engineered through both Houses,
transferring to that officer the execution of said
act of 1854, and authorizing him to re examine
the claim de nor0. Under this resolution, Floyd
referred the case to the Third Auditor, Mr..
Atkinson, for examination and report. That
faithful officer, on a careful investigation Of the
evidence, came to the same conclusion that we
did in 1850, viz: that more had already been
allowed than was justly due, and SO reported.
The attorney who prosecuted the claim was a
near relative of FIoyd's, and by printed ar.
gument, addressed to the Secretary of War,
succeeded in getting that officer to repudiate
the report Of the Third Auditor, and make an
allowance over his head of S39,227.50; more
than $500 of which was for interest. The
amount OF this allowance was paid at the Treas
ury,
During the first session of the Thirty.sixth
Congress Tin June, 1860 the parties interested
IN this claim guccceded in getting another res.
olUtion through Congress, authorizing the Sec.
retary Of War to again reopen the case, under
pretence Of desiring the correction of a small
error only. But, undor this resolution, Floyd,
on the 23l of November last made further
allowance Of s'rty.Sir thousand eight hundred