The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-02

hi. opinion how. II way, under such usage.
recuon Is 10 be made. MHf# Ht7Y '6.eA
SRI WALKER,
'.a Secretary ot the Treasury. /
.AUausr sist, 1896" -, 0.i.-l-l'.' :.
Upon this references. opinion given by the Fir,
In thar opinion he reviewed the practice ofhs
showing most ooncusivsy, by an uninterrupted Of
18th OF August. tho error ought bo corrected and desg
mating tue mode in which that correction should be made
done the Chcksaws but 10 the appropriation made by
Gongrs" in the removal " and subs.snce Of Indians.
pom the receipt OF this letter. the Secretary his
Second Auditor, under date Of the 4h Of September 1876
IN h.. MS on s subject That
he facts O the leaving them 10 adjudication Of The
law, he qno.e. and ams decision Of Supreme Court Of
The United States as given in 10 Peters, t0i leaving
that would Ssa npo @ ns % aa s % ss
this decision Of tho Supreme Court OF the United States,
also fully concurred Ths law thus bsinx c.siy sso.r
ained. and in fact settled by the authority Of
Of the United Sa,ss the Second Auditor took up
Of the and decided in favor Of the claim the 9th Of
ond Comptroller. for hi, examination, who affirmed and
sanctioned the same, as follows o
II adm, and certify the above. this sevsn,h day Sep
ALBION X PARIS,
aH sH #gs9H "Sscond Comptroller y
Before acting the the Second Com ptroer refer.
decision of the Second Auditor cLisf clerk
who ads able por (see document C) coDcurring
the decision of the Second Auditor IL is presumed
this report of his chief clerk called Tor by the Second
Com poler the that this had been
ted in the absence Of the testimony by that officer himself
Let y. here recap,,uaoe III. facts W. find the second
Auditor his letter the Secretary OF War OF the 18th
April lsas .s.nowsds"s The e,ro. eommsa ia Ia ,h. his
Secretary of War, the 18th of April l8l5 declaring
the absence Of tho prohibition Of the OF the 81 March,
lS45 that II the accounting officers Of The treasury
satisfied has been committed IL ought be
corsced We find the law Of the settled by solemn
adjudication Of the Supreme Court Of tho United States
General We nd the uniform and uninterrupted practice
OF the IN perfect accordance ,r that sdnd
Mr. McCuloch We find then the final ia favor OF
is owsd 0b by IL. Of M
clerk of s Second mproler and the fna favorable ad
s Of r hs na @
April 1885, TO epsmber 1886 we find the dnal favorabls
10 @ n se
before quoted Of the Secretary OF War Of the 18th April
The following is copy the Second AUDITOR decision
Of the sh Of September. is46 confirmed by the Second
Comptroller of the 7,h OF the same mouth; ''
1910 Regr, April 1880.
| "a #8a## "AppRoPRIArIoN.
o.s ss s's' Removal and subsistence Of Indians slls
| s0 #@e.-- Ii. "TKrAsuRY DEPARTMENT
| Second Auditors Office, September 6, 1876.
certify I'll At there is due United States the
Chickasaw nation the sum OF one hundred and twelve
and iortytw dollars and ninety being
Wsa OF the %
persons for provisions purchased az Cincnati in sa1
viii I,sa q .as
a rsquison for the amount in favor OF the Chickasaw
approprs,ion. carrying into effect treaties wirh The
Chick per 10th April and that hereafter as
tho credi, Of removal and subsistence Of Indians si.
lar transfer will bs made by appears
the csion OF the Second Comptroller OF the Treasury
''@ "INo. NJ; MccALLA,
] ssSecoDd Auditor
| "To raK sEcosp CosrrsoLLrn rnR TxKAsuKr."
"srcoss CoNrrRoLLTR's oYYicr.
=. admit and certify the above this seventh day of Sep.
"ALBloN X PARRIs
| Second Comptroller"
Th. decision of the Sec Auditor and Second Comp.
troer is in precise with the elaborate opinion
before referred TO Of First Comptroller of the 2 Sep.
mber isa6 and with the decision Of the Supreme Court
of The uned Staes in 18th Peters, and the practice
OF the and the decision ofevery Attorney Gen
cnl whom such question was brought; and It's jus
lice and propr~y have been irreanby my
sxument before referred to, {erhbitA) But contend
decision OF the Second Audiior and Second Comp
correction and by but themselves dis
covery Of testimony oil error the face of
account pointed out in the case before cited In 10Th
This decision Of the Second Auditor and Second Comp
torr declared the due by the United States the
Chicka.aw, forth by them and also the fun Of
which, AZ has been DONE u shonld be paid
and such wa. the opinion Marcy from his
Of the 18th Pr. 1873 In which he expressly declares
rec,ion Of The belong. exclusively the sccounng
officers OF the treasury, with The fnhef expression OF HI.
opinion unless prohibited by the act OF 3D.
March, lss subsequently repealed. IL s their duty, IL II
exists such This opinion OF Governor
Macy a. TO exclusive power Of the accounting o,e.
10 dvcde this question: confirmed by the act Of Congress
of the March, 1917 and opinions OF Attorneys General
Writ and Taney based upon that act Auotney General
Writ The 2Dh October, 1929 tpsgc 473 Opinions OF At
topey Gener commenting the act OF 81 March, 1917
dscares thus. In every instance, the decision of the
Com ptrolcr declared fsa and manifest tina,
the contempstes further examination by any officer
after such decision And he further adds, (psxe E4D
NY opinion il. that the sermen nj made of the accounts
of individuals by the accounting officers appointed by law
hns and conclusive far as tho executive department
| IL concerned
Anorney General Tsney the 9th OF April, 1882, also
nng npen these laws and psrcuarly that OF the
81 March, 1871. says tpage W2 The general laws upon
that subject all regard tile decision Of the Comp
troer fnn and require the executive banch oil the
rovernm 70 upon II sccordiusY.
The OF 81 March, 1917, which established the pre-,
cnt mode seung accounts, and under which tho &C
count IN question been the Third Audi
tor to certify tn. bs1ce, and transmit tho account with
the vouchers the Second Comptroller for his decision
thereon In the nth section OF this law, the Auditor Is d
receive the Comptroller tho accounts which
been fsnv disstsd and TO preserve hem with the
vouc he m and certoses and in the ninth section the
ON ptroe directed to certify the balances 10 the Secre
tnv department Ia which the expedition has occur
red"
Such was the opinion OF the learned A,torneg General
Mr. Tan~y r. before he became chiei Jus
ice OF The supreme Cont ofths United States
| The proper accounting officers, tren bad performed
their dnty and nothing remained but he reqn son OF
the Secretary of War, which was purely ministerial
act The account had been 'fsaNy aas'tsd by the ac-
count nv officers sppoined by law and no other oicef
m~n, nor did any attempt to set aside nor did
action the close