The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-26
WASHINGTON, March Z, 1872
To rAE EproR OF me n. Y. HERALD

] do with my personal affairs.
| Your correspondent wholly misapprehends my
case The story has been very briefly told by three
| several Committees Of Congress who all agreed and
reported the same bill in my favor, for the several
items Of my claim, viz:-The Military Committees
Of the House Of Representatives Of the oath, 18th
and 26th Congress, supported by documt ntary EVIL
dence from No L to No 10 inclusive, Of more than
| twenty printed pages. cannot expect you to pub
lish all thi; evidence, but respectfully refer you
to the enclosed report of the last Committee. BY
this your readers may see that my claims have been
allowed in whole or In part by four Secretaries OF
| War, in succession, viz by General Porler IN
| 1879, by Acting Secretary Randolph in 1880, by
Sec cary Eaton in the same year, and by Secreta-
ry Cdss in 1884, previous to wi ich, part OF my
claims had been passed by two Cemptrollers, Cuts
and Hill, and yet those credits were not entered
on the books Of the Treasury. At this last date,
| Thornton was econd Comptroller, and postponed
my by involving it 10 question OF jurisdiction
| between the Comptroller and Secretary Of War,
which is best explained by the following letter Of
| Governor Cass:-
| WAR DErARrMET, July 8, 1884.
| SIR:
The important points embraced in your communica.
ten the sh Of June in relation the jurisdiction and
duties of Comptroller and Secretary Of War; in rea
ton to the settlement Of accounts will be submitted to
the Attorney General, and have Lo doubt will receive
his esrly attention,
1t is not necessary to examine the of General
Parker further than the action Of my predecessors it
in October and Dece mber, 1880
BY the opinion of the Att General given in this the
respects this department and constitutes the voucher
for the accounting officers in settling General Parkers
claim unless and by the Score
tary OF War; Such reversal consider it wrong make
the alowanc to General Parker made before
the general order in the of Major Beon is there
fore not affected by it. General ParkeIs returned
that he may be credited according to former decisions
and the opinion of the law officer ofthe Government
Very Y TssP9 %os' oSSsden. .erv,,
Second Compt. of the Treasury.
Mr. Thornton still resisted, and applied to Con-
IL. H.. uIAa
ply again to the Executive and accounting off ccrs,
when other and other times should give
hopes Of justice. Mr.. Bell had examined my claim
| when in Congress. and when he became Secretary
Of War; he took up the case and referred it again
the Attorney General, Mr.. Crittenden, who did not
find time to report upon il, and it remained the
flies of that office until it was takea up by MIR
Lseare in December last, when he reported that ia
the two most important items il was ''res udicata
settled in my favor by the proper authority and re.
curing no further consi Iteration. On this opinion
the accounting officers entered to my credit the
suspended voucher, ~hich had so long caused me
to b represented a debtor, and balanced their
book thus -
The UNITED STATES DR.,-To DANIEL PARKER, late Bri
gadier and Adjutsnt and Inspector General.
Pay and Subsistence. For an allowance Of double
raons Adjuant and Inspector General from LIST Oct,
1918 to the 3lst Of May, 1921, when the office ceased
per herswth authorized by the Secretary Of War;
s. ss7 co.
Second Auditors Office, June 81 1891
JAS. EAKIN, Chief Clerk.
TREASURY DErARIMxNr,
ID ArpiToRS OrfIcK, June u 1881.
Icertfy that have examined and adjusted the &C.
count of Dancl Parker late u s. Army, and fud that
he is entitled TO credit Of 50 1917 co. the amount Of
double rations Adjutsnt and Inspector General al
lowed him by the Secretary Of War from the l,t day OF
October 1873 to the 3st Of May, 1884, when the Office
was abolished, appears from the statements and
vouchers herewith transmitted for the decision of the
Second Comptroller ofthe Treasury thereon.
w. B. LEWIS, Second Auditor.
10 81 s.eonS S' UUmps s or the treasury
My case never was in any way before the present
Secretary Of War, MIR. Spencer. He could have
know, he is not advised Of what has been done in
the case or what are the merits of my claims to
pay and emoluments still due for past services
One other fact as to the time ofailowance:-
SECOND CoMrTRoLLER's OFFICE,
TREASURY DEPARTMENT, October IL, 1929.
late Brig. Gen. Daniel Parker for allowance in lieu Of
feel and quarters from 9th March, 1916 to the Both Sep
by him deemed to be parallel case with the alo anee
authorized 10 be made to Brig Gen. swift during the
same term
Believing decision once made after due advsenent
and consider alton in this office to be binding when
made in favor of claimant saving and excepting srch
decision shall have been predisated in Of fact
far relates to this Office Ihave to request that you
cause the admitted to be passed to the credit
of General Parker. Respectfully, Sir,
Your obedent servant
ISAAC HILL.
PrrER HAeyxR ESQ Third Auditor.
i
the following candid remark in your publication,
10 which have referred " 1t may be well to fad
out whether these reports can be sustained for if
they cannot, we should be glad of a chance to say
So" ID. PARKER.
CAUTION TO SMueeLERs.-In ihe United States
District Court, held at Portsmouth, N. H. the last
week, the following cases weretried, viz United
States VS.. one hundred and ten barrels Mackerel:
United States VS. schooner Laurel verdict for the
United States in both cases
The particulars are nearly as follows:-Thc
| schooner LaureI arrived at Portsmouth on the
night of the 18th Of November last, from Halifax,
N s., and the nsckerel were landed from said
schooner in the night, and stored in the ware
houses Of the owners OF the property. Messrs
Moses and Jeremiah Noble, on Nokle's Island, and
were seized on the 9th by Samuel Hall, Esq, then
Surveyor Of the Port.
TIE seizure was made under the collection law
of 1899, section cob, and the property was claimed
by Moses Noble.
On trial IF the case Of the United States VS.. the
Mackertl, which was a jury trial, ne evidence on
the part Of the claimant was introduced, tending
70 show that they were not foreign mackereI, nor
that they were not landed from the Laurel The
government introduced evidence showing that the
mackcrel we're foreign caught and packed, and al
so relative to the situation and stowagc Of the ves
sci, and the appearance Of the mackerel in the
ware-h house, when seized, all going to show that
there could be no reasonable doubt bat that they
were landed from the Laurel. II was argued by
the counsel for the claimant that positive proof
must be introduced to show that they were ills-
gally importcd but the Judge charged the jury that
the onus prodardi, burden Of proof, lay upon the
claimant; and that IL government had made out 2
reasonable cause OF seizure, and the claimant mad
not removed all reasonable doubts about the unaw-
ful importation, they must find verdict Tor the
United States.
On the trial Of the case vs.. the schooner, which
was a case in admiralty. and hence triaole pc
fore the Judge, an attempt was maze Dy the caim.
ant to make il appear that part of these mackerel
were Of American fishery. This was done in order
to reduce the value Of those seized, dewn to less
the schooner similar evidence on the part Of the
United States was introduced, to that in the first
named case; making it clear that the mackerel