THE CASE OF GEORGE FISHER

--[Some years ago, about 1867, when this was first published, few people

believed it, but considered it a mere extravaganza. In these latter days

it seems hard to realize that there was ever a time when the robbing of

our government was a novelty. The very man who showed me where to find

the documents for this case was at that very time spending hundreds of

thousands of dollars in Washington for a mail steamship concern, in the

effort to procure a subsidy for the company--a fact which was a long time

in coming to the surface, but leaked out at last and underwent

Congressional investigation.]

This is history. It is not a wild extravaganza, like "John Wilson

Mackenzie's Great Beef Contract," but is a plain statement of facts and

circumstances with which the Congress of the United States has interested

itself from time to time during the long period of half a century.

I will not call this matter of George Fisher's a great deathless and

unrelenting swindle upon the government and people of the United States

--for it has never been so decided, and I hold that it is a grave and

solemn wrong for a writer to cast slurs or call names when such is the

case--but will simply present the evidence and let the reader deduce his

own verdict. Then we shall do nobody injustice, and our consciences

shall be clear.

On or about the 1st day of September, 1813, the Creek war being then in

progress in Florida, the crops, herds, and houses of Mr. George Fisher,

a citizen, were destroyed, either by the Indians or by the United States

troops in pursuit of them. By the terms of the law, if the Indians

destroyed the property, there was no relief for Fisher; but if the troops

destroyed it, the Government of the United States was debtor to Fisher

for the amount involved.

George Fisher must have considered that the Indians destroyed the

property, because, although he lived several years afterward, he does not

appear to have ever made any claim upon the government.

In the course of time Fisher died, and his widow married again.

And by and by, nearly twenty years after that dimly remembered raid upon

Fisher's corn-fields, the widow Fisher's new husband petitioned Congress

for pay for the property, and backed up the petition with many

depositions and affidavits which purported to prove that the troops,

and not the Indians, destroyed the property; that the troops, for some

inscrutable reason, deliberately burned down "houses" (or cabins) valued

at $600, the same belonging to a peaceable private citizen, and also

destroyed various other property belonging to the same citizen. But

Congress declined to believe that the troops were such idiots (after

overtaking and scattering a band of Indians proved to have been found

destroying Fisher's property) as to calmly continue the work of

destruction themselves; and make a complete job of what the Indians had

only commenced. So Congress denied the petition of the heirs of George

Fisher in 1832, and did not pay them a cent.

We hear no more from them officially until 1848, sixteen years after

their first attempt on the Treasury, and a full generation after the

death of the man whose fields were destroyed. The new generation of

Fisher heirs then came forward and put in a bill for damages. The Second

Auditor awarded them $8,873, being half the damage sustained by Fisher.

The Auditor said the testimony showed that at least half the destruction

was done by the Indians "before the troops started in pursuit," and of

course the government was not responsible for that half.

2. That was in April, 1848. In December, 1848, the heirs of George

Fisher, deceased, came forward and pleaded for a "revision" of their bill

of damages. The revision was made, but nothing new could be found in

their favor except an error of $100 in the former calculation. However,

in order to keep up the spirits of the Fisher family, the Auditor

concluded to go back and allow interest from the date of the first

petition (1832) to the date when the bill of damages was awarded. This

sent the Fishers home happy with sixteen years' interest on $8,873--the

same amounting to $8,997.94. Total, $17,870.94.

3. For an entire year the suffering Fisher family remained quiet--even

satisfied, after a fashion. Then they swooped down upon the government

with their wrongs once more. That old patriot, Attorney-General Toucey,

burrowed through the musty papers of the Fishers and discovered one more

chance for the desolate orphans--interest on that original award of

$8,873 from date of destruction of the property (1813) up to 1832!

Result, $110,004.89 for the indigent Fishers. So now we have: First,

$8,873 damages; second, interest on it from 1832 to 1848, $8997.94;

third, interest on it dated back to 1813, $10,004.89. Total, $27,875.83!

What better investment for a great-grandchild than to get the Indians to

burn a corn-field for him sixty or seventy years before his birth, and

plausibly lay it on lunatic United States troops?

4. Strange as it may seem, the Fishers let Congress alone for five

years--or, what is perhaps more likely, failed to make themselves heard

by Congress for that length of time. But at last, in 1854, they got a

hearing. They persuaded Congress to pass an act requiring the Auditor to

re-examine their case. But this time they stumbled upon the misfortune

of an honest Secretary of the Treasury (Mr. James Guthrie), and he

spoiled everything. He said in very plain language that the Fishers were

not only not entitled to another cent, but that those children of many

sorrows and acquainted with grief had been paid too much already.

5. Therefore another interval of rest and silent ensued-an interval

which lasted four years--viz till 1858. The "right man in the right

place" was then Secretary of War--John B. Floyd, of peculiar renown!

Here was a master intellect; here was the very man to succor the

suffering heirs of dead and forgotten Fisher. They came up from Florida

with a rush--a great tidal wave of Fishers freighted with the same old

musty documents about the same in immortal corn-fields of their ancestor.

They straight-way got an act passed transferring the Fisher matter from

the dull Auditor to the ingenious Floyd. What did Floyd do? He said,

"IT WAS PROVED that the Indians destroyed everything they could before

the troops entered in pursuit." He considered, therefore, that what they

destroyed must have consisted of "the houses with all their contents, and

the liquor" (the most trifling part of the destruction, and set down at

only $3,200 all told), and that the government troops then drove them off

and calmly proceeded to destroy--

Two hundred and twenty acres of corn in the field, thirty-five acres of

wheat, and nine hundred and eighty-six head of live stock! [What a

singularly intelligent army we had in those days, according to Mr. Floyd

--though not according to the Congress of 1832.]

So Mr. Floyd decided that the Government was not responsible for that

$3,200 worth of rubbish which the Indians destroyed, but was responsible

for the property destroyed by the troops--which property consisted of (I

quote from the printed United States Senate document):

Dollars

Corn at Bassett's Creek, ............... 3,000

Cattle, ................................ 5,000

Stock hogs, ............................ 1,050

Drove hogs, ............................ 1,204

Wheat, ................................. 350

Hides, ................................. 4,000

Corn on the Alabama River, ............. 3,500

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