Thus was the transaction closed, in exact accordance with the wishes and
the prayer of the representative of this estate and by the favor and
indulgence of the Government upon his application. There was, so far as
I can learn, no condition attached, and no understanding or agreement
that any future occurrence would affect the finality of the compromise
by which the Government had accepted one-half of its claim in full
settlement.
It appears that in 1881 the party indicted was arrested and brought to
trial, which resulted in his conviction; and apparently for this reason
alone it is proposed by the bill under consideration to open the
settlement made at the request of the administrator and refund to him
the sum which he paid on such settlement pursuant to his own offer.
I can see no fairness or justice to the Government in such a proposition.
I do not find any statement that the administrator delivered the
prisoner to the United States authorities for trial. On the contrary, it
appears from an examination made in the First Comptroller's Office that
he was arrested by the marshal on the 25th day of May, 1881, who charged
and was paid his fees therefor. And if the administrator had surrendered
the prisoner to justice it would not entitle him to the repayment of the
money he has paid to compromise the two judgments against him.
The temptation to relieve from contracts with the Government upon
plausible application is, in my opinion, not sufficiently resisted;
but to refund money paid into the public Treasury upon such a liberal
compromise as is exhibited in this case seems like a departure from all
business principles and an unsafe concession that the interests of the
Government are to be easily surrendered.
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