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32D CONG.....20 Sess.
Lieutenant General, &c.--Mr. Skelton.
Ho. OF REPs.
our illustrious predecessors, or shall we mark out many considerations of this sort, inspire in him a Washington, Benjamin Franklin, and a host of for ourselves a path of American republicanism- sort of artificial courage, when true courage may others, it shows up the whole thing in its naked a path in which we have no honorary distinctions be absent.
deformity, and becomes too ridiculous to be disof this kind ?
But if I want to find a truly brave man, I will cussed by the American Congress. If it had not Why, sir, what was the notion of our forefathers go-not to the battle-field, where there are so been that the proposition has not been really enwho framed our glorious Constitution, upon this many witnesses, and where a man is sure to meet tertained, and has been really asked--and when I subject? We find a clause in that Constitution with the plaudits of a mighty nation-where his say it, I feel my cheek tingle with shame-has to this effect:“ No titles of nobility shall be grant- deeds are sure to meet the approbation of his fel- been voted by the American Senate–I could not ed by the United States.” What means this? low-citizens throughout the land;-I would go have believed that that august body would have Why did our forefathers thus frame the Consti- where I have seen men go, to the place where the stooped to such consummate folly as to confer an tution of our glorious Union? Was it right? Yes, “pestilence wasteth at noonday”_where conta- empty title upon a military hero. Let those who sir, it is one of the wisest provisions, in my opin- gious disease rages through families, and even aspire to distinctions and honors endeavor to ion, of that most memorable instrument which throughout whole countries. Let a man go there, merit them, and let them be satisfied with the the history of the world has ever seen. Sir, we and let him, unobserved, save by the victim who praise which will ever be conferred by a grateful should adhere to the native simplicity of that in- falls in silence-struck down by the dread de- American people. strument. General Scott is commander-in-chief stroyer let him expose his life there, day after So much, then, for the first part of my subject, of the American forces. Millard Fillmore is Pres- day, and night after night, without any of his || which I proposed to discuss at the commencement ident of the United States. We know Millard companions to stimulate his courage to bravery, of this rambling discourse. Fillmore only by the title of President of the Uni- and without the incentive of a hope of glory as a Following upon the heels of this propositionted States. Why not call Millard Fillmore “lieu- reward, and there you will find true bravery. There comes another of similar import, marking out the tenant President of the United States,” or “ lord is a bravery which is not artificial—which is notex- future course of our country in regard to those lieutenant President of the United States," or cited by the shouts of the multitude, but prompted matters of war. It is one which more eminently “ lord lieutenant of the United States," or, if it by the inward workings of a courageous heart- than the one I have just noticed, marks the downwill flatter your vanity still more, why not call and by the feelings of humanity. But, sir, do such | ward tendency of this Government. It is to select him “ Emperor” of this great and mighty empire? men receive the titles, honors, and distinctions of from the Army and Navy a number of officers to Why should we not do all these things? Simply our country? No, sir, I have seen such men go be pensioned by the Government during the refor this reason: that it is in contravention of repub. down to their grave in neglect and want; their mainder of their lives, out of the hard earnings of lican institutions, and that its tendency is to over- bravery and usefulnesss forgotten, save by those the American people. Look at the proposition. throw and destroy liberty.
who have shared in the benefits of their kind of. There it stands. A petty aristocracy, set apart Why, sir, this proposition not only confers an fices.
from the great mass of the American people to empty title at the present time, but it places our It is these considerations which make me ob- consume the hard earnings of the laborious mulmilitary force in such a position that in future lject to this principle of making military glory the titude. Will the people of the country ever tol. it will be attended with future additional expendi- only passport to position in society. There are erate such a proposition? I admit that there is tures of the people's hard earnings. That is an- other positions where men manifest their bravery. one merit in this proposition, and only one that I other objection which I have to it. Will any gen- Look at the poor mechanic, who supports his fam
But I think I can propose a remedy for tleman here contend that the organization of the ily, depending upon him for subsistence, toiling the evil which would be far beiter than that proAmerican Army would be promoted by such a on, day after day, and night after night, draining | vided in this proposition. It has been, I believe, title? Is there any gentleman upon this floor who his very heart's blood for the purpose of support- universally admitted upon the floor of this House will contend that it is necessary in order to estab- ing those by whom he is surrounded—refusing and upon the floor of the Senate, that we have a lish discipline and command the obedience of the and rejecting the temptations to dishonesty to sat- large number of American officers now in the American forces ? No, sir. The organization of isfy the wants of his starving children. There, | Army and Navy, who are entirely useless in ser. the Army would not be at all improved by it, and there, sir, is true bravery. I have seen the me- vice and absolutely an incumbrance to the officers hence we are only being guilty of the folly of crea-chanic, year after year, toil on; I have told them in the Army: I say this has been universally adting an empty title and increasing the expenditure myself, “You are sinking prematurely to your mitted. It is notorious to everybody that ihere of the people's money,
was the reply, “the are a large number of officers upon the retired list These pensions and titles, in my opinion, are only question which presents itself is, Shall I sac- who are receiving their half-pay, in order to be destructive of the liberties of any nation. They rifice my life to educate and support my family, | ready to go forth to command the soldiers in our have, it is true, to a certain extent, been granted or shall I dastardly shrink from a duty which is Army if the exigencies of the country should ever by this Government. We are now in the early by nature imposed upon me?" and I have seen require it. But these men, as I said before, are history of this Government, but we are neverthe- them sink.
unfit for command; many of them made so by less tending to the same path which has been trav- Now, what do you propose to do? To over- their indolent habits; many by their habits ot eled by the monarchies of Europe. Look at the look all the merits of all the civilians, laborers, and licentiousness, and many by their habits of drunkpensioned nobility of those countries. Look at statesmen—to overlook all these, and all others, enness. They are neither' fit to command in the the pension lists that are now loading down the and to recognize only one class of persons in the Army, nor are they fit to command a national productive energies of the great mass of the labor- American nation, as deserving the honors and dis- vessel upon the high seas. ers of Europe. Look at the people of the French tinctions to be bestowed by the American people; Now I admit that some proposition should be nation especially-worshiping military glory and and that one class--the soldiery. What would brought forward by which the American people casting their liberties from them—throwing their you think of Benjamin Franklin, or George Wash- should be rid of these officers—these burdens upon republican form of government from them, merely ington, appearing before the American Congress, || them—those festering sores upon the Army, for for the sake of having a nephew of their great and asking for a title? What would you think of all purposes of national defense. But shall we military lord reign over them. And are we not it? What did you think of Washington, when pension men who have disqualified themselves for tending in the same way? Are these propositions the title of King was offered him by the American the discharge of their duties? Shall we retain not of the same stamp? May they not be placed Army? And what did he say upon that occasion? them in the public service for their lifetime, bein the same political category? We are traveling He spoke like a true and honest man.
He spoke cause they have made themselves drunkards, and in the same
like a sensible man and true republican. "No, || thereby rendered themselves unfit for the discharge
by of their duties? this downward course. What, sir, does any sen
of seven years, the most frightful that sible man want with honorary titles-these empty ever man went through. You have now attained of our public service? Do we employ men here baubles? Do they add anything to his fame as a your liberties, and you are about to do-what? upon the extension of this Capitol at seventy-five hero, a statesman, or a patriot? Cannot the You are about to destroy them for the purpose of cents a day, and when the appropriations run out, American people judge of a man by his merits conferring upon me the title of King Washing. I place them upon half pay, in order to keep them without his titles?" If they cannot, then titles are He knew full well that the simple title of for whatever may spring up?. You have refused pernicious; and if they can, then they are use- George Washington would descend down through to make an appropriation to keep them at work, less, and should not be conferred. We are too the historic pages of time, and be more honored, much less to give them half pay. Why is this? apt to be dazzled with the blaze of military glory. more venerated, and more elevated than any em- Is it because the sympathies—and I say it with
There is something attractive in the fact of a peror, king, or monarch, on whom the sun has regrel-of the American Congress are in favor of man going on to the battle-field, and exposing ever shone. It is his. It is his alone. It belongs the officers and grandees of the nation, and not in himself to the deadly shot of the cannon and lo America. Iç belongs to the Father of his Coun- favor of the working classes? We have not been musket; there is something terrific in the thought I try. The titles of emperor, king, and monarch, able to wake up a single spark of sympathy for of a man meeting man with the steel, in deadly have been conferred upon thousands, but that title the poor toiling laborer, who gets not one half conflict, to shed each other's blood. It is a mani- which signifies so much in that great man is sim- i enough to supply his natural wants when emfestation of bravery and daring which attracts and ply George Washington.
ployed. dazzles; but look at it—look at it stript of the Now, will General Scott be satisfied with the Why, the men who draw out from the Treasury charm which is thus thrown around it, and what title of Winfield Scott? Has he ennobled that thousands upon thousands annually, when they do you see? Is the military the only field where name? Has he elevated the title of Winfield Scott become disabled, and unfit, from drunkenness and bravery, may be manifested? Is that the only to a position in the history of his country, that licentiousness, to discharge their public duties, place where true courage can be displayed? No, will be significant of deeds of daring and bravery? what then? Why, provide a retired list, and set sir; the martial music, the shouts of triumph, and Then he should be satisfied with the name of Win- themselves up as an aristocratic class over the the approbation of the country which always fol- field Scott. It is his alone, and cannot be asserted heads of the laboring mass of the American nation, low a successful campaign, stimulate a man on to by any other man after him, nor can it be asserted Out upon such democracy! Out upon such repubthe battle-field. The disapprobation of his com- by any man who has preceded him. Why, sir, licanism! If this is to be the future path of our rades, when he shrinks from fighting bravely, and when we propose to confer this title upon George || nation; if this is to be the future policy of our
320 CONG.....20 Sess.
Lieutenant General, &c.—Mr. Skelton.
Ho. OF REPS.
country, I proclaim here to-day, that the choice to our duties as American statesmen. We should | Though he was poorly clad, though he made no between republicanism and monarchy is not worth promote intelligence, virtue, industry, honesty, professions, though he had no title, nor towering the choosing: If we are to be cursed by an idle, || integrity, and all the virtues which tend to ennoble feather in his cap, nor shining epaulet upon his licentious nobility, and robbed for the purpose of a people. We should develop the industrial re- shoulder, the King, seeing that there was merit fitting them for that position, it will be no better sources of our country by wise and judicious le- there, immediately selected him as one of his for the American nation than if we had a king to gislation. We should maintain peace with all the Prime Ministers, and placed him in an elevated rule over us.
nations of the earth, as far as can be done com- position, in order to retain his services. And, sir, It is for this reason that I have considered it my patibly with the honor and interest of the American at this day the humble name of Rumford, who duty, when these measures are presented to the nation. But when, at any time, our rights and went from one of the eastern cities to Europe, and American Congress, to express not only to that liberties shall be invaded by a foreign or domestic afterwards became a count, is more honored Congress, but to the nation, and particularly to the || foe, we should then be ready as one man, and an | throughout the world by the glorious achievements district which I wish to represent honestly, what united nation, to hurl the tyrant, who would in- of his superior intelleci than all the titles which is going on in the American Congress, and what vade our liberties, from this continent,
could ever be conferred upon him would make it. I believe will be the effect of this disastrous and I am no soldier; I admit: but let any foe plant | Such men's names are passports everywhere. criminal course of procedure. Why, sir, I know his foot upon our soil, and I guaranty to this Commanding intellect, intelligence, and virtue will
something about them, because I have the honor House, that every man would shoulder his musket command respect everywhere; and I would say to · of appointing a gentleman to a seat in the Military for the purpose of defending his home, his fireside, those of the American people in humble positions, Academy at West Point, and I happen to know his children, and to protect the honor of his glo- to the American mechanic, who is looked down that a great many of the people of my district were rious ancestors.
upon with contempt by his more lofty neighbors, anxious to get their sons into that establishment, If you want a proposition for strengthening and Siand erect as men, and if you discharge your and consider it a very great favor to get a son edu- improving the military arm of our country, I would social duties with fidelity and integrity, you equal cated at the national expense, who, when he gradu- propose that we reward merit by throwing open as a man the best in the nation who may glitter in ates, comes out an officer.
the ranks of promotion to the common soldier.' If gold and purple, and roll in a lordly carriage. I But, sir, I took one from the mechanic's bench, you want to stimulate men to deeds of bravery, do not want to be understood as disposed to the and placed him in that institution, and I hope he whenever you find a brave man upon the decks of founding of artificial distinctions in society, and will reflect honor and credit upon himself and his your vessels-of-war, let him be promoted; let him arraying one class against another; but I do wish country some day or other. But when he comes be advanced to position. Sir, this proposition that the industrious, virtuous, and intelligent shall out, he will receive better pay than he could have would give greater power and energy to the Ameri- i be elevated to positions of respectability and aurealized as a mechanic. He will be able to lay can Army, and to the American Navy, than ten thority, where iheir merits demand they should by more money than he would be able to do, were thousand lieutenant generals to domineer over the stand. But shall we increase the salaries of our he to continue a mechanic, and yet not be com- great mass of the soldiers that fight our battles. | foreign ministers, that they may ape the fooleries pelled to work half as hard. And in addition to How did Napoleon Bonaparte acquire his distinc- | of foreign courts? Do you not see the consumo ihat, sir, he is placed in a higher circle of society, tion, and his mighty power, as a military hero? mate folly of such an attempt? Can you find inby the false notions—which I regret to say, pre- Why, he rewarded merit. Monarch and Emperor telligent-really intelligent men capable of compevail in this American Republic—that an officer is as he was, when he found a brave and worthy pri- || ting with Emperors and Kings in displays of jewmore respectable than a mechanic. I say by the vate man in the ranks of the Army, or the Navy, l elry and fine linen, and costly banquets? Can we false notions of society he is placed in a higher so- he immediately selected that man for promotion, expect it? No, sir; double their salaries, if you cial circle, and paid better wages; and then, sir, if and advanced him, step by step, as far as his merits please, and you will still find your ministers mishe disqualifies himself by drunkenness or idleness would warrant his promotion. But when a man representing the people of this nation, and comor any other means, for performing the duties as- | degraded himself by cowardice, or drunkenness, manding no more respect than they did before. signed to him by the nation, shall we place him, or vice of any kind, then Napoleon cashiered the Look at Franklin at the Court of France. I after educating him, after having paid him well
recollect an anecdote of him which, though old for his services, after he has squandered his in- But, sir, what stimulus is there to the soldier, and heard by all, is still worthy of repetition, become, which ought to have given him a compe- the marine, or the sailor, on board your national cause it illustrates the point. A gentleman of an tency in his old age,-shall we then pension him ships, to fight the battles of the country? He may aristocratic cloth passing alongside of him, obupon the American people, in a class of noblemen, | fight as bravely as Julius Cæsar, or any other | served to a lady who accompanied him, “There is educated for the American Army? No, sir. Out brave man, and he is a sailor and marine still. He | the American Minister!" “ What!" upon such republicanism! Out upon such injus- never can have his shoulder braced by a gold " that shabby-looking old gentleman?” “Yes, tice! It is downright robbery of the American epaulet, or his cap by the towering feather that madam; and be careful how you speak of him, people, to speak in plain English.
crown some of our distinguished men at the pres- || for he governs the thunder and lightning, and may But, sir, are these the men we are to depend ent day. Never, never. His country closes its | strike you." upon for the defense of our liberties? Are these ears to the demands of his merits. But if he en- Mr. CARTTER. Good! the men that are to defend our territory from for- ters as a midshipman-a more respectable posi- Mr. SKELTON. Benjamin Franklin at the eign invasion ? No, sir, these are not the men. tion, according to the silly false notions of society- | Court of France, clad in his humble garments,
Suppose tomorrow war is declared by any for- | then the rank of promotion is open to him, and he gave no feasts to make himself and associates eign Power, and where will the United States Gov: is sure of promotion; and according to the propo- | drunk. That man moving in his humble sphere, ernment look for the defenders of our liberties and sition pending in the Senate, he is sure of pay for representing, as he did, an humble nation, has honor? Why, sir, they will look to the farmers life, be he ever so degraded, or mean, or vile. never been equaled by any foreign minister since, and to the mechanics' workshops. They will look There is another proposition, Mr. Chairman, and he never will be until you select the best to those classes of American citizens, and those which I shall be obliged to glance at very briefly, minds to represent us at. European courts. Do will be the men who will be compelled to fight our as I do not wish to occupy the attention of the this, and leave the vain display of glittering jewbattles, and defend our liberties; and allow me to House in an unnecessary debate.
elry and gaudy dress to kings and fools. Be it say, sir, that these are the only classes of men As I remarked before, following upon the foot- our ambition to excel in virtue and intelligence; upon whom we can rely on such occasions. steps of its “ illustrious predecessor,” the bill for and when they talk about the degradation of an
What are standing armies? What is this mili- | conferring the title of lieutenant general, comes American nation being represented by an humble tary nobility? Look at the history of the world. the retired list, and then the bill for increasing the citizen, what will be said? Look across the broad They have always been ready to sell their coun- salaries of our foreign ministers. Why, sir, I Atlantic to that happy land, at its commercial matry's liberties to the highest bidder; but not so have recently read in the public journals that a rine, its manufactures, its intelligence, and enterwith the great mass of the American people, who man cannot sustain himself with dignity as a for- l prise. Our prosperity, under the influence of all have a common stock in that liberty. We all eign minister on $9,000 a year, and $9,000 out- ihese plain, unassuming republican principles, has fight for ourselves when we fight for our country,
fit. A man cannot shine with that sum, like the been unparalleled in the history of the world. and we will refuse to sell our country's liberty, ministers of foreign courts. What does all this Aristocrats may sneer and laugh at our simplicity because we sell our own therewith. But not so mean? Is it necessary, when you send a man to and our plainness as much as they please, we will with the professional soldier.
a court of Europe, that you should send a goldenpoint them to our nation wherever we go with just Sir, the policy I would pursue, and have the calf? If that is so, make a golden calf, and set pride and say, Ridicule, if you please, but you Government pursue, would be to detract from no him up there. It would be less expensive, as he shall feel our power if you insult us as a nation. man's real merits. Reward merit wherever you would eat nothing, or drink either. Or is it better | The time will soon come, if we are true to our find it. Judge a man by his deeds and leave that you should send a man with brains; a man of instincts, true to our principles and our republican empty titles to kings, fools, and knaves, and not intellect; a man of force of character, who can institutions, when we may dictate terms to the insuli a free independent nation like this by con- meet the diplomatists of Europe with superior in- || world. ferring these empty symbols upon the American telligence? What is it to command respect through- Look at the rapid growth of our nation. We people.
out the world? Is it the golden calf-ihe towering | number 24,000,000, though not three bundred Our Government was established for the ad- feather — and the shining epaulet ? Is it the years old. In fifty years, if we increase in the vancement, the prosperity, and the happiness of drunken bacchanalian feasts, given by our foreign ratio, that we have heretofore, our sons will see the people. It was not established for the benefit ministers on European shores? Is it these things this mighty nation spreading from the Atlantic to of a ruling military dynasty, nor for a military which command respect? No, sir. Men are not the Pacific ocean, from the frozen shores of the nobility, nor do we want to convert our happy quite such fools as they appear to be, in some par- North to the Jsthinus at the South. And this Republic into a military Republic, to cut the ticulars at least. Show me a man of superior in- | mighty Republic will be inhabited, by what? Not. throats of our neighbors, and to destroy the lib- tellect, and I will show you a man who will com- | by a military republican people, not by an ariserties of our own citizens. mand respect wherever he goes.
tocracy, not by an indolent, proud, licentious Sir, when we turn our eyes from the true path Look at one of our humble citizens, who went people, but by an industrious, intelligent, virtuous of prosperity for our country, we become derelict over into Germany. I refer to Count Rumford. and prosperous nation, who will be able to dic
320 Cong..... Ist Sess. Frauds on the Treasury-Gardiner Claim-Mr. Johnson, of Tennessee.
Ho. OF REPS.
tate terms to the nations of the world on any sub- should be made legally wrong. The object of say, in a judicial capacity. They ratify the treaty, ject. That prospect makes my heart glow. That | this bill is to prohibit what is considered in one establish a board of commissioners to whom is prospect, when compared with the proposition to sense political wrong, and to carry out what is confided the duty of awarding millions of dolclothe with purple and fine linen our representa- || morally right.
lars—which is intrusted to them -among those tives at foreign courts to misrepresent the simpli
The second section of the bill proposes, upon who have claims against the Government, and, city of our republican institutions, makes it dwin- | the conviction
of any individual connected with the immediately after the ratification of the treaty, step dle into insignificance, and as scarcely worth a heads of the Departments, or of any functionary out before this board of commissioners created by reflection of ridicule. What is the principle upon of the Government, in any of the courts of justice, that same treaty, and prosecute against the Govwhich our Government is based? li is the princi- of aiding or prosecuting any claim against the ernment claims which you have provided for in ple incorporated in our glorious Constitution and Government, for a fee direct or remote, or for an the very treaty they have ratified. in our glorious religion: the principle that he who amount specified or an amount contingent, it shall Now, how do you find the practical operation would be chief must serve; that he who would be be made a misdemeanor, indictable and punish- || of this thing? Notwithstanding you provide by the ruler must be the servant of the people. And able by fine and imprisonment, as the court shall treaty for the payment of money, there is another shall we clothe our servants finer than we clothe direct.' This was considered by the committee | power to be exercised before the money can be ourselves? Shall they fare more sumptuously and I think it is considered by the people of the paid. After having prosecuted the claims to award than their masters ? Shall the subject be above the country generally as a moral and political wrong. before the commissioners, the money must be apmonarch, because in this country we are all mon- The third section of the bill provides that if any propriated by the appropriating power, before it archs, and not speaking boastfully either? Power member of either House of Congress, or any offi- can be paid over to the parties to which it is awardemanates from the people, and rules are established cer in the employ of either House of Congress, ed. Then we immediately see the impropriety of for their benefit. That proposition no one will shall be guilty of prosecuting any claim against members of Congress acting as agents, as their dispute. Let us have an eye single to that point. the Government, for a fee, remote, direct, or con- duties as Senators and Representatives come in Lei the rulers bear in mind that they are ser- tingent, it shall be a misdemeanor, indictable and, direct conflict with the duties of a claims agent. vants of the people; and I would ask Congress to upon conviction thereof, punishable with fine or They cannot protect the interests of the people in remember that all of us are only the servants of | imprisonment in the discretion of the court. I their capacity of Representatives, and at the same the people to carry out their will, and to promote think it will be conceded that the practice ought to time prosecute a claim against this Government. their interest and advance their institutions. be prohibited; that it ought to be stopped. We It is a conflict of interest and duty which cannot
Why, sir, the whole history of the world shows see Congress besieged every session, and we see be reconciled. I know it may be said that we can that the human race, from its creation to the pres- the Departments continually granting claims step out of the House of Representatives, before ent time, has lost sight of man as man in his true against the Government, and we know the ap- a board of commissioners, and divest ourselves dignity, and fallen down and worshipped idols. | pliances that are brought to bear to procure the of all interest in the first character. Can we return Ac the present day, we are man-worshippers as settlement of the claims before the Departments, | from the successful prosecution of claims before well as golden-calf-worshippers. And I think the or their passage by the Congress of the United that board, to a vote in the Senate, and say we are time has arrived when' man should arise in his true States. It seems to me that the position or char- || disinterested? dignity, assert and maintain his rank as man acter of a Representative in Congress is a very This whole matter is morally, wrong and poeverywhere. We have a mission, Mr. Chairman, || different one from being an agent to prosecute litically wrong, and it ought to be made legally and that mission is to raise up the downtrodden claims against the Government.
wrong, and should be punished as contemplated throughout the world, to spread civil and religious In the first instance, the Government can pay in this bill. It seems to me that it is improper for liberty everywhere. I say that this is our true mis- no claim unless there is an appropriation made; a member of Congress to form any such connecsion.' We should keep it in view, and the time and if a member of Congress accepts a fee or a tion with claims of this sort. Such a connection will rapidly roll round-more rapidly than we can present, I care not upon what principle, he be- is improper, because it is immoral, because it is scarcely imagine-when, under the benign influ- comes involved in a position inconsistent with unsound in politics; and if it is unsound in these ence of our institutions, an impulse will be given his public relations. He may say that he, as a two points, it ought to be made so legally. to the human mind which has been unparalleled lawyer, has a right to practice before courts of the But, Mr. Speaker, I am going along with this in the history of the world. Our progress within United States, and aid in getting claims through question. There seems to be some two or three the last forty years has been greater than all of such tribunals. But is that position consistent other questions connected with it. My intention the nations of the earth put together for six thou- with the duty of a Representative! The people is, in the main, to discuss the bill and the prosand years. Our free institutions, and the eleva- | send a Representative here for the
purpose of guard- | priety of its passage; but in this discussion there tion to the true standard has given an impulse to ing their interests, and at the same time doing jus- has sprung up a question not altogether legitimate, the human mind that will spread as the lightning's tice to all those who may have claims against the and I claim the privilege, which others have inflash, and we are destined, if we are true to our people through the Government. The people | dulged in, of diverging from the true line of demission, to extend this impulse throughout the send Representatives and Senators here as guard- bate. globe. If we are true to our mission we will arise || ians of the Treasury, and the holders of the purse- When we come to examine this Gardiner claim, as the morning sun in its glory, and emperors, | strings, to make such appropriations as are just, which is the root out of which this bill has sprung kings, and nobles, shall sink into insignificance on and to withhold all that are unjust.
through this special committee, we find the basis the page of history, and be looked upon as follies Now, while a Representative is acting in his of this claim rests upon the twenty-sixth article that be wildered and estranged the human intellect || character as such, while he is standing as a sentinel of the treaty made in 1831. That treaty provided from its true path. May God in his mercy and upon the watchtowers over the people's interests, for and secured certain rights and privileges to our wisdom direct and preserve this Government and while he is protecting the Treasury, can he change citizens in Mexico. Three of those privileges people to the accomplishment of our true and glo- | his character and divest himself of all interest and were, that where our citizens lived upon the coast rious mission.
become an agent for prosecuting claims against the or in towns, in the event that a war should break Government which cannot be paid unless he, acting out, they should have six months'
notice to leave in the character of a Representative, appropriates the country and take away their effects. If they FRAUDS ON THE TREASURY-GARDINER CLAIM.
money for such payment? We find that interest lived in the interior, pursuing the business of mer
and prejudice are so closely blended, that they can- | chandise, they were to have twelve months. If SPEECH OF HON. A. JOHNSON, not be separated in matters of this sort. And when they lived in the interior or other portions of the OF TENNESSEE,,
a member of Congress is acting in his capacity as country, pursuing any other occupation, so long IN THE HOUSE OF REPRESENTATIVES,
such, he should not run the risk of being swerved as they behaved themselves and acted in subordin
from his duty as a Representative, by becoming ation to the existing authorities, they were perJanuary 12, 1853,
an agent for the prosecution of claims against the mitted to remain and be protected in the enjoyment On the Bill to prevent Frauds on the Treasury of Government for particular individuals. For in- | of their lives, their liberiy, and their property. the United States.
slance, we agree to pay a certain amount of money, Under this article of the treaty of 1831, many Mr. JOHNSON said: by treaty stipulation with some other Government,
claims sprung up on the part of the citizens of the Mr. SPEAKER: I shall commence what little I or even with an Indian tribe. It is ratified by the United States against the Government of Mexico. have to say upon this subject by asserting—for it Senate,-for the Senate is a part of the treaty | They increased. Depredations were committed has really become a debatable question-that there making power,--and here, for instance, a member of various kinds—spoliations, if you think proper are such things as right and wrong, and that the of Congress may be interested in a claim which to call them somand claims, in behalf of citizens, question of law-making is to sustain legally, what a tribe of Indians or a foreign Power may have accumulated to a very considerable amount. is morally right; and to prohibit legally, what is against the Government of the United States. The In 1839, there was formed another treaty with morally wrong. I know there are various opin- | treaty is made, providing for the payment of cer- Mexico, which treaty provided for the establishions among men, and even among moralists, as to tain amounts of money, upon certain conditions; it ment of a Board of Commissioners to sit upon, what is abstractly right or wrong in itself. There is submitted to the Senate of the United States for and adjudicate the claims of citizens of the United are some things declared offenses in law which are its ratification. And here we may find a man, States against the Government of Mexico. That not offenses morally in themselves. And again, who is acting as an agent for claimants against Board was a mixed one. A part of it was created there are other things not made offenses by law the Government, acting at the same time upon by the United States, and a part by Mexico; and which are offenses in sound morals. The great a treaty, providing for the payment of a large the claims which they might award, were to be object in making laws should be to sustain, devel. sum of money for the satisfaciion of those claims. | paid upon certain conditions. In relation to the op, and carry out what is admitted to be morally || For instance, you may establish a board of com- claims which could not be agreed upon, there was right. We find more or less violation every day | missioners as I intend to give a case only for an umpire to be selected who was to determine of what we in our minds and hearts consider sound illustration-by which the amount set apart in upon their validity. morals, and we find no law to prohibit the viola- the treaty may be awarded to particular individ- We find that the Board established by the treaty tion of those morals. Now, I think, where there uals. Now, in the character of Senators, they of 1839 resulted in a failure. There were some is moral wrong, there is political wrong, and it may come before the board, and there act, as they l) awards made, it is true, but in many cases there 32D CONG..... 20 Sess,
Frauds on the Treasury-Gardiner Claim-Mr. Johnson, of Tennessee.
Ho. of REPS.
Some of the awards made were not to be made out, and what character of proof is to They plead ignorance of the fraud whilst the claim paid, which circumstance resulted in the calling of be taken for that purpose; but in that instance, was being investigated; they did not know it was another convention, and the making of another other things conform to the case. In this instance, a fraud, but they know now that it is. They know treaty in 1843, and the creation of another Board. however, the programme is made out, and the case now where and how the money came; and, as This Board did but little; and there was another is made to conform to it.
honest men, worthy of public confidence and enconvention, which was to have been ratified on the Mr. STEPHENS. Is it not the practice in all titled to occupy a high place in the Government, 20th of November, 1813. That ratification never of the Departments of the Government—the Pen- they are bound to restore it. took place. During all this time these claims were sion Office, for instance-where claims are to be Mr. GOODENOW. Major Lally ought to be increasing, and our citizens were without redress. I presented, to establish rules of evidence by which involved in the same category. The difficulties between the two Governments claims are to be supported? Did not this Board Mr. JOHNSON. The gentleman from Maine were thickening, and a war was expected. do so in this case, and did Mr. Thompson do any- says that Major Lally ought to be involved in the
We find in 1840 that this Mr. Gardiner went thing more than give instructions conforming to same category. I say that all, though there were to Mexico as a kind of itinerant dentist, plugging those regulations?
a captain's company, the recipients of the proceeds and filing teeth for a livelihood. He wandered Mr. JOHNSON. I stated, when I first alluded of this fraud, ought to disgorge. If they retain around until 1843; and the last seen of him was in to Mr. Thompson, that I would not charge that it, I say in my place here, that in sound morals the city of Mexico, in the year 1814. He was seen he was cognizant of, or intended to do, anything they are as filthy as a cage of unclean birds. there by General Thompson, and by some others. wrong, but would only state a fact.
The gentleman from Connecticut [Mr. CHAPHe stated, and it is so stated by others, that he Mr. STEPHENS. Certainly; and I ask the MAN) knows that I will make no unkind allusion repaired to the interior, where, he alleges, he gentleman to state another fact.
to him. Since we formed each other's acquaintcommenced mining operations to an amount of Mr. JOHNSON. And that fact was that the ance here, our personal relations have been of the $300,000. All this time the difficulties between the affidavits were taken, and the case made out, in most amicable character. I am proud of his acGovernments were constantly increasing, and war compliance with those instructions.
quaintance. I have found him a shrewd and active was expected. Mr. Thompson returned home, Mr. ORR. I will in this connection ask the business man. He has talents and business tact, and Mr. Slidell was sent out. War was declared, gentleman a question, as he is familiar with the and if I was not convinced of this before, I was as you will remember, in 1846. Gardiner com- testimony in the case. Was it not proven before on yesterday by the defense he made in this case. menced mining operations with little or no capital, || the committee that Dr. Gardiner exhibited to Gen- You saw his conciseness, his method, and the deand in two years' time he had invested, as he as- eral Thompson the affidavits of certain persons in pendence of one part of his argument upon another. sumes, some $300,000. There are contradictory | Mexico previous to the preparation of these in- If you admit his premises, and follow him along statements in regard to this matter; but it must be structions, and that those instructions were gotten to his conclusions, you will see that it is one of manifest to all reasonable and impartial persons up for the purpose indicated by the gentleman from the prettiest and fairest cases in the world. It did who will make themselves familiar with the his- | Georgia?
his head credit; and I will not doubt his sincerity tory of this whole transaction, that Dr. Gardiner Mr. JOHNSON. I think that the gentleman in the basis upon which he placed it. During the had little or no capital to vest in mining operations will find that fact stated by General Thompson delivery of his speech I imagined myself in a at that time; and if he had, it is not reasonable to himself, and by no one else.
criminal court, listening to the defense of a crimsuppose he would have done so, in view of the Mr. ORR. General Thompson is an honorable inal, and that the gentleman was trying to make it belligerent attitude about being assumed by the man, and it is due to him that his statement of appear not that his client was guiltless, but that two Governments.
fact should go out. Evidence of parties in Mex- the prosecution was malicious. It seemed that he We now come along to 1846; war was declared, ico was brought here by Dr. Gardiner, and the wanted to mitigate the sentence of the court or the this Gardiner was expelled from Mexico, his prop- || instructions given by General Thompson, as I judgment of the jury, by pleading that the proseerty lost, and his mines taken from him; and he understand him, were to put the affidavits referred cution was a malicious one, without at all looking now comes forward and sets up his claim, under to in form.
to the merits of the case. the twenty-sixth article of the treaty of 1831. The Mr. JOHNSON. They were instructions to And we find, too, that is done very adroitly in war continued; and on the 2d of February, 1848, | him to make out his case. Here is the published this connection, by associating the idea of malithere was another treaty made. Mr. Gardiner testimony, and it is for the public, and not for me, cious prosecution as regards Mr. Corwin. Says was an observing and a shrewd man,
and he saw,
to draw inferences. We find that in compliance he, “ I am not his foe nor is he my foe; can the as every one who knows anything about such with those instructions the case was made out and member from Ohio (Mr. Olds] say as much?” matters knew, that whenever a treaty of peace presented to this Board, and that an award was Do you not see the course which he intended this should be made, Mexico would be compelled to made to Dr. Gardiner of $427,000. About these thing to take, so as to impress upon the public pay money to the United States, and be compelled facts there can be no mistake; and I tell gentlemen mind the idea that there was enmity and ill-feeling to provide for the payment of claims, on the part now, that before I am done I shall come to the existing between these two gentlemen, and that of our citizens, against that Government.
touchstone in this matter. You may talk about the whole proceeding here was malicious on the By the treaty with Mexico of the 2d of Feb. high-minded, pure men, who lift themselves above part of the member from Ohio, (Mr. OLDS?). Is ruary, we provide-after agreeing to take so much all that is low, and groveling, and disreputable, it not evident that he desired to give that direction territory and pay $15,000,000—for the indemnifi- but there is a point in this case that will put them to the public mind? I do not know what the recation of citizens of the United States against the to the test. One thing has been ascertained since lations are between those two gentlemen. I have Mexican Government to the extent of $3,250,000. this claim has been allowed, and that is, that it is met and received them both as gentlemen, and I By this same treaty, another Board of Commis- a fraudulent one, based only upon perjury and know nothing of their personal and political differsioners was created, to consist of three members, | forgery. We know that perjury and forgery were
I have looked upon them heretofore as and to hold its sessions in the city of Washing the means by and through which the amount of equals, so far as those matters were concerned ton. Mr. Gardiner, having returned from Mex
money I have specified as being awarded to Dr. Nor do I intend to inquire into their personal diffiico to the United States, met here and renewed his Gardiner, was taken out of the Treasury. Now, culties. But I can say for myself, as the gentle. acquaintance with Mr. Thompson. He stated his this fact, no one will controvert. The committee man from Connecticut (Mr. CHAPMAN) did, that I case to him, and they at once commence to con- were of the unanimous opinion that it was a naked am not Mr. Corwin's foe, and I hope he is not jure up or make out this claim—which did or did
fraud upon the Treasury, sustained only by for- mine. I have no reason to be his foe, as I have not exist-to be brought before this Board. The gery and perjury. Then, if Mr. Thompson and never received anything from him but kindness. I claim was presented, and as the declaration will Mr. Corwin are the recipients of money extracted have met with him and passed the usual civilities show, for the sum of $500,000. I will not say from the Treasury by means of fraud and perjury; of gentlemen, and nothing unkind has passed bethat Mr. Thompson, of South Carolina, was cog- if they are the high-minded and honorable men tween us. The reason I make this remark is that nizant or guilty of anything wrong, but I will they are represented to be, they will, upon every I am in as favorable a condition to speak of this state as a fact, that when he came forward with | principle of sound morality and justice-upon the transaction as the honorable gentleman from Conthe claim, as the documents will show, he had a doctrine that the recipients of stolen goods shall, necticut. Then why do you not acquit your man programme for the taking of evidence, and as to so soon as the fact is ascertained, restore them to upon the merits of the case, not by innuendo, by what had to be done to establish the claim before their rightful owners--replace that money in the indirection, and by making a false issue before the Board, and that, too, before he returned to Treasury. Everybody acknowledges it is right Mexico, and before the declaration was made out.
the public mind, and there rest your case? What that this money, which has been filched from the was the other ground upon which the gentleman Both Mr. Thompson and Mr. Gardiner had been Treasury by fraud, so far as we can reach it, relied? It was this, that the proceedings were in Mexico and understood the condition of the should be enjoined; and if a certain portion is en- ex parte. Ah! A malicious prosecution, based two Governments, and were aware that Boards joined in the hands of Corcoran & Riggs as money upon an ex parte examination of the witnesses. had set at various times upon claims between the belonging to the Government, is it not equally How does that fact stand? Was not Mr. Corwin United States and Mexico. When Gardiner re- right that another portion of the same money before that committee? Did he not have the witturned with his proofs, a declaration was made out which has passed into the hands of Corwin and nesses summoned, and did he not cross-examine and filed before this Board.
Thompson ought to be enjoined ? I know that them? Mr. STEPHENS, of Georgia. I would ask the legally you cannot reach it, but I say that they are Mr. CHAPMAN. The gentleman from Tengentleman from Tennessee, whether Mr. Thomp- | morally bound to return it. There is the touch- nessee misunderstood me if he understood me to son did anything more than give instructions con- stone. You that talk about honor; you that talk say, so far as Mr. Corwin was concerned, that formably to regulations previously established by about having no knowledge of a fraud being in- this was an ex parte examination. I made no such this Board ?
tended at the time the claim was being prosecuted intimation; but I said, in express terms, that so Mr. JOHNSON. I state facts, and it is for before the Board, know now that it is a fraudulent far as Dr. Gardiner was concerned, it was due to others to draw inferences. He drew a chart, or claim, and that you have stolen goods in your poswritten instructions, by which this claim was to
him to say that it was ex parte, with the single exsession, which I know you are morally bound to be made out.
ception to which I have adverted. I am fully aware that lawyers restore to the rightful owner, to the last dollar. Mr. JOHNSON. I intended to come to that. sometimes give instructions as to how a case is This tests the whole thing, and why debate it? The impression was made by what the gentleman
NEW SERIES.--No, 5.
320 Cong.... 20 Sess. Frauds on the Treasury-Gardiner Claim-Mr. Johnson, of Tennessee.
Ho. OF REPS.
said, that it was an ex parte proceeding. I do not yond what had been practiced by all of the mem- justify Mr. Corwin's connection with the claim know what his intention was.
bers of Congress? whether he did not think they morally, but he is willing to make it an offense leMr. CHAPMAN. The intention was to make were bound to show that there was something gally. I cannot reconcile that sort of argument. myself distinctly understood.
peculiar in the case of Mr. Corwin from that of It reminds me of a position assumed at one period Mr. JOHNSON. Perhaps it is owing to my others?
of time by Professor Hoffman. He wrote as long obtuseness, and not his want of clearness, and Mr. JOHNSON. The gentleman from Ohio ago as 1598—just two hundred years before the I will let it go in that way; but the impression desires to know if Mr. Corwin acted differently Virginia resolutions were adopied--that philoscalculated to be made by his speech was, that it from other members of Congress. If the gentle | ophy was the mortal enemy of religion, and that was an ex parte proceeding, and that the witnesses man will read the resolution, he will there find truth was divisible into two branches, one philohad not been cross-examined. Well, so far as what we were appointed to do, and that was to sophical and the other theological, and that what Mr. Gardiner was concerned, there was no ex ascertain Mr. Corwin's connection with the Gar- was true in philosophy was false in theology, and parte proceeding. Mr. Gardiner was not on trial diner claim, and whether that was an improper | vice versa. Now, the gentleman from Ohio seems before that committee, and this bill contains no | connection. We have found out what his con- to occupy this position, that that which is right in provision that would punish Mr. Gardiner, so far nection was with that claim, and it is for the coun- ! morals, is wrong in law, and that that which is as I know. Mr. Corwin was the man with whom | try and the House to determine whether it is an right in law, is wrong in morals. I confess I canthe committee had to do; and his connection with improper one or not. I consider it such, from the not swallow that proposition. It seems to me the Gardiner claim was what the committee were fact of his being a Senator at the time the treaty that morals should constitute the basis of law. investigating. The gentleman from Connecticut was made, voting for the appropriation to carry Mr. BARRERE. I believe they have laws in nods his assent. This is the true state of the case. out the provisions of that treaty, and prosecuting a some of the States that the citizens shall catch fish Mr. Corwin was present at the investigation, claim againt the Government provided for by that in certain streams only at certain seasons of the cross-examined, and had most of the witnesses very treaty; and I think that the country will so year. It is, therefore, legally wrong to catch fish summoned himself. So far as Mr. Gardiner is determine it.
in those streams at other seasons, but I do not concerned, he is not upon trial at all, but we are I do not intend to find fault with the report think that if there was no such law, it would be to get at Mr. Corwin's connection with the Gar- which the committee make here, but I wish to re- inorally wrong. diner claim. That is what we are trying to do; fer to it. The committee go on, and do what? They Mr. JOHNSON. It might be morally wrong and how does the matter stand so far as Mr. Gar- have ascertained Mr. Corwin's connection with | in some places and not in others. That would de diner is concerned ? He was not on trial, and he the claim. They have shown what it was, and pend just upon the locality and the circumstances was not before the committee, but he was heard by the country understands it. This committee after of the case." (Laughter.) But the gentleman goes his counsel. About the close of the investigation, going on, and summing up the whole case, state on to justify Mr. Corwin on the ground that the Mr. Gardiner writes a letter to the committee, in that, “ No testimony has been adduced before the fee was a contingent one. Now, I expect they which he speaks of the investigation as being an committee proving, or tending to prove, that the have got a law in his State that no lawyer shali ex parte proceeding, and claims the right of being · Hon. Thomas Corwin had any knowledge that take a contingent fee; in other words, that if a heard. Did not the committee notify him that he the claim of the said Gardiner was fraudulent, or lawyer brings suit for a certain amount on condicould be heard and fix a day for him to come? that false testimony or forged papers had been or tion that he shall receive a certain proportion of Did Mr. Gardiner come?
were to be procured to sustain the same. it, he shall be stricken from the roll of lawyers. Do you not see that the two main grounds upon Now, do we not see how clearly that misses the They would find him guilty of champerty. which the gentleman from Connecticut (Mr. case? The resolution required them to ascertain Mr. BARRERE. The gentleman has misunCHAPMANl relies, show that his argument is a the improper connection. Does the improper con- stood me. I did not take the position he supposes specious one, made in true lawyer style, to acquit nection depend upon Mr. Corwin's knowledge of with regard to the fee being a contingent one. his client upon special pleading, when there is no its fraudulency? That is the point. The commit- Mr. JOHNSON. I think the gentleman will merit in his case? That is the position which he tee did not say that the connection was a proper | find it difficult to understand his own position, occupies. We find in this connection that there one, but that he had no knowledge of the fraud. when he sees it on paper. In the States we conhas been something said by gentlemen about the This connection was improper without a knowl- sider champerty, immoral, and we pass laws committee going beyond the record. What does edge of the fraud, and if he had a knowledge of making it a legal offense, because it is immoral. this resolution say?
the fraud, it was but an aggravation of the im- / We say that it is morally wrong for a man to go “Whereas a strong suspicion rests upon the public mind
proper connection. That is the whole of it, and about getting up suits in a neighborhood, and that fraudulent claims have been allowed by the late Mexi- you may turn as you please upon this question, taking contingent fees, and we pass laws to puncan Claim Commission, with one of which it is suspected he stands improperly connected with this fraudu- ish him. But the gentleman tells me, with his that Thomas Corwin, Secretary of the Treasury, has been improperly connected: therefore," &c.
lent claim, successfully prosecuted against the profound understanding of theology and philoso
United States, and the 'money was obtained from phy, that taking a contingent fee in a claim against How does the fact stand? We are not to inves- the Treasury.
ihe Government is a different thing from taking a tigate whether Mr. Corwin knew that it was a The gentleman from Ohio (Mr. BARRERE] seem contingent fee in a case before a court of justice. fraudulent claim, (which we will come to directly,) ed to strike a happy vein of argument yesterday i Now, if champerty is immoral in the States, and but we are to investigate whether Mr. Corwin was upon this question; and it was that Mr. Gardiner a punishable offense under State laws, I ask how, improperly connected with the Gardiner claim. was a bad man, and that Mr. Corwin was not re- in the name of morals and common sense, it beThat is the point. Does not this investigation sponsible for it. He illustrated it by telling a story comes right and moral in Secretaries, members of show that he was connected with it, and that he got which Mr. Clay related of Mr. Grundy, that if Congress, and other persons here? Such is the a part-eighty-odd thousand dollars of it? I think
Mr. Grundy was responsible for all the criminals state of things here, that practices which are conit does. Is not his connection, then, with the claim he had defended he would have a great amount of sidered immoral in the States, and are conseimproper? We say that it was an improper con- sin for which to answer. That may be all true, quently made indictable offenses, can be practiced nection, that it was mere speculation, and that it but it is not Mr. Grundy defending a criminal in with perfect impunity here, and no one must inwas morally wrong.
this case, but it is Mr. Corwin aiding a man inquire into them. It is time that we had arrested In the bill before us, what do we propose to prosecuting a claim ngainst the Government. He this thing. The attention of the country is do? We intend to say that legally such a con- appears for the plaintiff and not for the defendant directed to it. It is high time that the indiscrimnection is wrong, not binding him more than any- --for a man who is trying to commit a fraud upon | inate plundering which is going on about the Debody else, who has been guilty of the like offense. the Treasury with the knowledge of its being a partments, and about this capital, was put a stop The offense was an improper one. Why was it fraudulent claim, as I believe. We say it is wrong so? Mr. Corwin was a Senator of the United in that connection, and still more if he knew it Sir, I have not time to go into the testimony in States, placed there by the people to guard the to be wrong. The cases are not analogous at this case. I had intended to have done so. But people's Treasury, to take care of their money, and all.
you will find, on looking over the whole of it, that also, as one of the Senate, with the President of
The gentleman from Ohio presented one or two the case was shrewdly anticipated by Dr. Gardi. the United States, to make treaties with foreign other really strange ideas. He set out with say- ner and his coadjutors. He saw the various conGovernments. We find when this very treaty was ing that he should vote for the bill, thereby admit- ventions, and the claims against the Mexican concluded between the Government of the United | ing that this thing should be made an offense legal Government; he saw the difficulties thickening; States and Mexico, on the 2d of February, 1848, !y as it was morally, because we proceed upon the that war would be the result; that a peace would that Mr. Corwin was in the Senate himself, and idea in this, and most other countries, that to have be made, and that the Government would have to acted in his capacity as Senator. We find in this anything like a perfect system of jurisprudence, indemnify our citizens; and he commenced, with very treaty, as I remarked before, that three mil- law must be the perfection of reason, and, I will Mrs. Chase, Mr. Larned, and others, making up a lions and a quarter were set apart to pay the claims add, of sound morals. The morals must precede basis upon which to rest this spurions claim. He of citizens of the United States against Mexico. the law, and the law should be made to sustain carried on the case shrewdly, until he succeeded We find that by this very treaty a Board of Com- the morals. If it is not morally wrong to do this in getting it before the Commissioners. It is a missioners was established. We find that while | thing, I tell the House and the country, that it is fraud, and a fraud by which a large amount of Mr. Corwin was Senator, when he was acting wrong to pass a law making it a legal offense. If money has been extracted from the Treasury of upon the treaty which made an appropriation of it is morally wrong, pass the law and make it le- the country; and the recipients of the money thus three and a quarter millions to pay these Mexi- || gally wrong. If it is not morally wrong, pass no fraudulently extracted, should restore it back to can claimants, he received a fee to prosecuteclaims such law; for if you do, you at once make law the coffers of the Treasury, if they are honest men before the very Commissioners which he assisted and morals antagonists; you have them running and men of sound morals. in creating, and got a portion of the money appro- counter to each other. The gentleman from Ohio But, upon a further examination of this case, priated out of the Treasury.
(Mr. BARRERE) seems to argue morals on the one we find the witnesses differing with each other in Mr. STANTON, of Ohio. I wish to know of hand, and law on the other that what is right in their statements of facts. Mr. Payne, who was the gentleman whether he considers that the com- law is wrong in morals, and that what is right in one of the Commissioners, says that they susmittee were bound to inquire into anything be- || morals, is wrong in law. He seems willing to w pected it was a fraudulent case from the beginning,