Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-15

The committee OF opinion that the Bank has taken
position, aud up claim the possession OF the funds,
books and papers In question: which cannot be supported
The opinion Of tho Attorney General, communicate by
the President, contains history Of the agency OF the
Bank in the payment, Of PENSIONS and OF claims under the
act OF 1882, and also FULL and the committee Think
correct view Of the law Of the this opinion they
refer, AZ greatly Diminishing their lsbers this part OF
the subject conceded that, by various legislative
enaciments, direct and indirect, the Bank constituted
the dsbursng agent for paying invalid and revolutionary
pensioners prior to and under tnc act OF March 49, 1915
The Secretary Of War has given directions Tor the
change OF this agei cy, and the Bank remains was
the sbursng ofcer for the payment Of pensions under
these laws But the is under the act of
June z, 1882. Under that act the Bank not by the
terms any fir construction OF the law, constituted the
dsbursng agent Tor paying the snnus which granted
That act Is supplementary 10 the oct or the reefo
officers and soldiers oil the army OF the Revolution passed
May 5 1928 These Two acts par OF the same sys.
tenn The act OF 1882 has reference TO that 1925 and the
phraseoogy Of both is nearly identical They provide for
making payments to the surviving officers and soldiers Of
tne Revolutionary army, in consideration oil services and
the sums TO be paid paw and before any
payments can be made under either of these laws il the
persons claiming their bench, are already receiving PEN
sions under former laws, such pensions required to be
renqushed No wounds required TO enti,ie man to
this monthly pay they agreeably the system
Of the invalid pension laws; nor is poverty essential to
this aid, as it is under the OF March IS, 1918, aud
the act Of May ], 1920, supplementary thereto. But
the whole claim seem: to DO placed on the ground
OF services and in consideration OF them, the annui-
ty" is given and received. Tie execution OF both
these acts conded to the Secretary of the Trea-
sury anu That ofhce authorized the
TO he made at such times and places he thought proper
The act Of 1925 provides that the pay allowed by this
net shall under the direction Of the Secretary of Trea-
sury, be paid 10 the officer soldier entitled thereto
or 10 their authorized attorney at such places and days
as said Secretary may direct The Of 1892 pro.
vides that the pay aooed by this act shall under the
direction OF the Secretary Of the Treasury be paid to the
officer commissioned officer, musician, or private
entitled thereto his their authorized attorney at
such places and times the Secretary Of the Treasury
may direct" And both acts contain a permanent sp
preparation OF the sums necessary to carry them
given by the act of 1885, has caused the payment 10 be
made at the Treasury, directly the individuals entitled
The Bank never had any agency whatever under this
nor is IT known to the committee that they
any claim TO make these payments very clear that
II the payments under the of 1925 could be made AZ
the Treasury. or at such other place the Secretary OF
the Treasury might Direct without the intervention of
the Bank the disburng agent could the payne
under the act Of 1881. be made in like manner had
the execution OF the act Of 1882 remained with the
Secretary of the Treasury. The execution of this act
was however, by joint resolution of June 2Sth 1882
devoived upon the Secretary Of War, and the duties
which the act required TO be performed by the Secrc-
tary oil the Treasury were transferred the Secreta
ry OF War" The Secretary of War was by this resol
ton, clothed with the authority to make payncnts
10 those entitled under the OF 1882, at such times and
places as he might direct previously nv
the Secretary OF the Treasury In whatever mode the
payments could have been made by the Treasury Depart
ment previous TO the adoption of the re.ou on of June
18th, 1882 in the same mode they be made at the
The whole business then was 10 be done under the 'drec
tom OF the Secretary OF War; End the payments made
at such "such times and places he may direct II
will not be disputed that the words of the law confer up.
on the Secretary OF war general supervisory authority
over the payments TO be made under it, They authorize
the payments to be made whenever, wheresoever,
and by whomsoever the Secretary may direct. IL the
Secretary were TO direct the payments be made at
the Treasury Gas by the law he has a clear right
to do,) il surely cannot be maintained that an agent
of the Bank must stand by TO receive the mooev
and pass over 10 those entitled. II surely cannot be con-
tsndsd .h The money not properly dsOuT.ed
tary oil War thinks the convenience OF those entitled TO
pay under this act the public interest requires that
places Of payments should be here the re are
branches the United States Bank may the Bank by
refusing to establish an agency such places land
is no law requiring them do SOY defeat the
ted arrangement appears 10 the committee, that the
power con6ded to the Secretary of War; to designate
times and places Of payment, necessarily includes the
authority TO select the persons who are act agents in
making the payments without such authority the now
er to direct the times and places Of payment would be
wholly nugs,ory.
The committee of opinion, that upon no correct
principles the Bank claim the legal right TO make
these payments-eher in their character of Commission
OF Loans, discussing agent of the Governnen,
The charter does not confer the Bank right of be
in all cases the agent for the payment pensions re,
serves TO Congress the TO impose the Bank the
duty which was before performed by the Commits of
Loans; and as those Commissioners the date of the Bank
charter performed the duties agents for wing the inva
lid PENSIONS the reservation in the charter authorized
gress TO impose that duty on the Bank. But Congress
may may not at its pleasure exercise the power il
has thus reserved The Bank have right to
exercise The charter therefore, in this confer,
right the Bank. II merely reserves to Congress the
power TO impose duty and the duty the Bank in this
particular, cannot be extensive than the laws passed
subsequently 10 the charter shall be found TO REQUIRE of
The act Of the Sd Of March, 1877 made il the duty of the
Bank TO agent, the pensions which before that time
were paid by the Commissioners OF Loans il does not
require that all pensions aerw ards shall paid
like manner by the Bank Its provisions are
confined to the duties which then performed by the
Commissioners OF Loans, aud aIuson made i'm the
law TO pensions which may afterwards be created The
act OF 1918 directs The pensions which it gave paid
I'm The same manner pensions invas that
time been paid, and IL is by virtue of this provision tha
the Bank pays the pensioners under this law But this act
like that oil 1917, makes general provision the
Ject oil paying pensions IL directs the in which
the particular pensions should be paid but IL
nothing more.
From this statement il appears that the duty of pension
agent has been imposed the Bank by law those ca
ses where the pensions given by The 1873
by some previous act OF Congress But du
created since the law of 1915 unless
oil Congress has imposed that duty it,
III then be assumed that The payrens under the act
oil 1882 are TO be regarded pensions, yet the Bank
would not be bound to take upon itself that duty unless
il was required OF by act Of Congress For is not
be some law directing the Bank agent in paving
them; otherwise the Bank be nothing than vol.
untsIy agent and at liberty therefore, to
trust whenever they think proper.
But there is no pretence that the law resolution OF
1882 contains any direction that the Bank should act "a
agent In paying these claims. There is reference in
the law to former act of Congress hch an
intention can be inferred, by the strsned and
forced constructions and, therefore, these payments be
considered pensions, in the legal in wch the ord
Is used Ia the acts OF Congress, the duty of paving
them has not been imposed on the Bank and thew were
not bound TO Perfoi the duty, unless they supposed to
be their nteTesJo do so
There is another point Of view In which the subject