Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-01


the resolution as to allow me to conclude that ID d
called ior No one Of them is against the GoventG&
United states No one Of them is for n, 900, otn2
approaching that sum. No one Of them TekQ
PAID py me after It had been adjudicated and rejetd
proper officer Of Government before came into
there Is no Of them in which know or suspe ~
IN Inc department OF the Interior to have, or tola1
any interest.
Under these circumstances, know not what c& q
and transmit to the committee, and it would b&e{
pleasant to me if for want Of some distinctive dem
should mistake and send the wrong case. th((oG
for description by which the intended can b(ler
The case Of James Barron, called for under h( h(sod
solution, involves three questions, namely
lst. Whether commutation can be allowed in u q
pay under the resolution Of Congress Of March 2 ~
act of the Legislature Of Virginis, Of December A
acts Of Congress Of July s. 1892. Of March Sd. Ills,
August IL, lS4s, where.no judgment has been reepo
against the Stale Of Virginia This decided i|he
alive by the Attorney General in the case of Jol
copy Of bis opinion, with letter Of the Coml u
Pensions, stating the facts Of the case of said G.
with n 1asm,'sa Ws.iass sss Doc 4
ton when Judgment had been rendered for n id o. eoa
Of Virginia This decided IN the afFrsAiSsby she
opinion Of the Attorney General in s case Of ihos ive
copy of whioh, with my letter asking the opinion ID sent
herewith. (See Doc. !, papers numbered and 5.)
81. Whether the officers Of the navy Of Vgins en-
tied to commutaon in like with the officers in the
anu service! was decided afnrmdtlv0 tne
of Commodore James Barron, in accordance with the
opoion of the Attorney General and, being the principal
case copies of all the papers pertaining sent here
with. (See Doc. i papers numbeed7 Ia b, and so on.)
This case was not reopeed by as it had never been
decided before came into office. The of John M
Gait, which involves leading principle of this case
brought before the Secretary Of War; in August lS48, who
declined decide it, will appear by the letter Of the Com
missioner Of Pensions of March 22d ls4s (See Doc J.
paper I.)
When Communication allowed, no question appears to
have been made the propety allowing interest
upon it before the Of Thomas Ewel July IA, ls49
(See Doc paper ~ and the objection to commuaon in
Barron first raised by the Commissioner of PEN
sons in his letter Frederick Vincent dated August ls
lS49. (See Doc l, paper numbered 7c.)
Interest upon interest paid in the of James Bar
ron, and also in the Of Wm Graves, George Walls
and Charles Grie but occurred by an of the Comms-
sioner Of Pensions properly Of the chancey court of V
gina, (see judgment in GalIs case, Doc. l, paper
whose rule Of calculation the Commissioner without any
s'ructons to that effect from this Department. directed the
Third Auditor to follow which he did.
In the of William Graves the first in which this error
occurred the commissioner made bis certificate, which
approved at the department matter of course without
reading, presumed to be made according princ
Piles already settled either by instructions from the depart
men, or in the practice of the Office The dscov
cred in the OF Graves and supposed have been
rected by letter from this department. dated November 2
s49, (Doc. l, paper l0 but it only corrected part
by the commissioner in that and afterwards occurred
When my attention again drawn the subject,
caused the node of calculation be Immediately and per-
empory corrected and directed that the money which had
cen enormously paid should be reclaimed 1t So but
has not been refunded except part in the Of William
Graves The correspondence the subject herewith
(See Doc. !, papers to H. nclusive.)
The Chckasaw embraced in the third resolution
out OF alleged adjustment Of the of the
Chickasaw nation in 1887 The reopened pur
suant to instructions from the Secretary of the Treasury
ted the 4h day Of September ls46 lDnr IL page g. and
estated by the proper accounting officers Of the Teasu3
by the Second Auditor the 5h of September ls46 by
the Second Comptroller on the 7h Of September ls4e
H. pages ~, 73, and "a and the only questions that
mained open when came into Office were, ls out of what
appropriation the found due be paid 3D. Gas to
part OF it only to whom was it to be paid These ques
ions submitted the Attorney General and the accoun
ing officers directed to be governed by his opinion See
Doc. II, pages 100, I25, l26, 1874, 253 and 254
Appointments in the Pension 06ce-I have habitually
exercised the appointment in the Bureau of the Com
missioner Of Pensions will be by the copies of letters
OF appointment which herewith sent. (See Doc. LII,
papers to l6 nclusive have done under the follow
ing provisions OF constitution and law: u,
st The last clause of the second section Of the second
article Of the constitution which declares that The Congress
may by law The appointment of such inferior officers
they think proper n the President alone the Of
law, or in the heads of departments"
I'd. The sixth article of the constitution, which declares
that All executive and judicial officers, both of the United
States and of the several States shall be bound by oath
affirmation to support the constitution"
3d. The second section of the of March 81, l79l
which provides That each and every clerk and other officer
already appointed any of the departments Of the United
Sates and who have not since their appointment, taken
The oath affirmation hereafter mentioned shall, within
fifteen days after the passage Of this act and those who
shall hereafter be appointed, before they enter upon the
duties Of such sppointment take oath Affirmation be-
fore Of the justices the Supreme Court Of the
udges of district of the United Sates to support the
Constitution of the United States and also oath ar
nation well and faithfully execute the trust committed to
him. which oahs afrmaons subscribed by such clerk
and certified by the person administering the same shall be
filed in the office of the person employing such clerk"
And there is nothing in the several acts for appointing or
continuing the Office Of Commissioner Of Pensions or in the
appropriations for clerks in that bureau, which directly or by
implication coners the commissioner the appointing power
In view of the legal provisions above referred to- especially
the of March Sd, l79l there be doubt that regu
lar clerks in the several departments and bureaus officers
They expressly designated in the said act They
required to take an oath Of office They have official duties
assigned to them, and salaries the regular emoumen,s of
office If this be Congress cannot cunstuonaly vest
the power Of appointing them any officer below the head
of department. and in this there is provision Of law
which looks like attempt to do ss ,iss
Appointments in the General Land O6ice.-Thc tenth
section of the act Of July 4h 1885, reorganzng the General
Land Office, provides " That the commissioner be authorized
to employ, for the service Of the General Land Office"
divers clerks, with designated salaries and having been
destood that this provision vested the appointment of clerks
in the commissioner, have thus far been governed by that
construction, without nquiing whether in accordance