The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-28

Indian office by those persons against different tribes OF
Indians. some Of which have been allowed in that office,
ana some brought before me Tor consideration. NO
one OF these conforms TO The resolution to allow
me to conclude that is the called Tor No OF
them is against the government of the United States
No one OF them is for S7700O anything approaching
that SUN, No Of them reopened and paid by
me after il had been adjudicaled AMI rejected by the
ottce and there is no one of them in which know or
suspect any clerk in the Department of the Interior to
have. or 10 have had, any interest.
i Under these circumstances. know not what case TO
copy and transmit TO the committee, and would be
very unpleasant to if. for want of some distinctive
designation, should mistake and send the wrong case
therefore walt Tor description by which the in
tended can be identified.
The Of James Barron. called for under the second
resolution involves three ques'ionA namely
Isl, Whether communication can te allowed in lien Of
hafpay under the resolution OF Congress of March %,
7s3 the act OF the legislature OF Virginia of December
10, 1890, the Of Congress Of July s. 1884, OF March
been % rendered Il for i against the State Of Vi Virginia This
decided IN the affirmative by the Attorney General in
the case o John M. Gait copy Of his opinion with
a letter Of the Commissioner OF Pensions, stating the
facts of the o said Calf, is herewith transmitted
(See Doc |, papers numbered and %
q. Whether interest should be allowed on the com
mutation when judgment had been rendered for il in
the courts OF Virginia This decided in the afrma
tive by the opinion OF the Attorney General in the of
Thomas Ewell, a copy OF which, with my letter asking
The opinion, is sent herewith (See Doc. papers
bered and 81
Sd Whether the officers Of the navy of Virginia were
entitled to Communication in like manner with The officers
in the land service This decided in the airma
tive in the OF Commodore James Barron, in accord
with the opinion OF the Attorney General, and, being
the principal copies of all The papers pertaining 10 il
sent herewith. (See Doc. papers numbered 7
7 b, and SO on
This case not reopened by me- as had never been
decided before into office. The case of John NJ
Gait, which involves leading principle OF this
brought before the Secretary OF War in August 1913,
who declined 10 decide it, will appear by The letter OF
thAC Com arrtp ppDap nf iarrhD D (S.s
Doc. 1, paper ~
i When Communication allowed, no question appears
10 have been ever made as TO the popnety Of allowing
interest upon il before the case OF Thomas Ewel, July
Ia 1s49 see Doc. paper A. and the objection to
mutation in The Barron Case was first raised by the Com
missioner OF Pensions his letter Frederick Vincent
dated August lst ls49. tSee Doc. /, paper numbered
I7c) ..... d.
lnteres, upon interest paid in the of James
Barron, and also in the OF VIM. Graves, George
w Walls and Charles Grer but il occurred by OF
the Commissioner OF PENSIONS or, properly, OF the chan
Gerry court OF Virginia, (see judgment in Gars case,
Doc /, paper ~ whose rule OF calculation the Com
missioner, without any instructions that effect from
this department, directed the Third Auditor TO follow.
which he did.
In The case of William Graves, the first in which this
occurred, the Commissioner made his certificate,
which was approved al the department, matter OF
course, without reading as II was presumed 10 be made
according 10 principles already settled either by nstIuc
lions from the department. or in the practice OF the office
The discovered IN the OF Graves, and sup
posed 10 have been corrected by letter from this depart
ment dated November 2l, lS49 doc |, paper l0) but
II was only corrected IN part by the Commissioner thai
case and afterwards occurred in the OF George
Walls, Charles Grier, and James Barron When my al
tenlion again drawn 10 the subject, caused the
mode OF calculation he Immediately and peremporily
corrected and directed that The money which had been
enormously paid should be reclaimed. Ii so, but
has been refunded, except part in the of VIM
Graves. The correspondence the subject is herewith
sent. lSee Doc. l. papers 10 IL inclusiveJ
The Chick embraced In the third resolution,
OF alleged erroneous djustment oil the
counts OF the Chlckasaw nation IN 1897. The account
was reopened pursuant to iron the Secretary
OF The Treasury. dated the 4ih day OF September 1916,
doc H. page co., and reslaed by the proper accounting
officers OF the easuyby The Second Auditor on The 5th
of September, 1916 by the Second Comptroller the
7th OF September ls4o, doc ., pages ~, 49, and "a y
and the only questions that remained upen when came
into office lst, out OF what appropriation was the
sum found to be PAID 3D. las 10 part OF only
TO whom II 10 be paid These questions sub
milted the Attorney General and The accounting ot-
Gers were directed TO be governed BY his opinion SSee
I. appointments Ia TIE Psns,on Odoe-l have habllu-
ally exercised the power OF appointment In the bureau of
the Commissioner OF Pensions, will be seen by the
copies OF letters OF appointment which herewith scn
(See Doc o. papers 10 10, inclusive have done
50 uEder the following provisions Of constitution and
law
Is The last clause OF the second section OF the
ond article OF the constitution, which declares that lhe
Congress may by law vest the appointment OF such m
ierior officers they think proper in the President
alone, IN the courts OF law or IN The heads OF depart
ments"
ID The sixth article OF the constitution, which de-
the United States and OF the several Slses, shall be
bound by oath or affirmation 10 support the constitution
3D. The second section OF lbe act OF March Sd, 1871,
which provides, That each and every clerk and other
officer already appointed in any OF the departments OF the
United States land who have not, their appoint
ment taken the oath OF affirmation hereafter menuoned)
shall, within neen days alter the passage OF this ac and
those who shall hereafter be appointed, before they enter
upon the duties OF such appointment take oath OF atr
mauon before OF the justices OF the Supreme Court,
or OF the judges oil district court oil the United
States 10 support the constitution OF the United States
and also oath OF affirmation well and faithfully 10 ex-
ecue the lfust committed 10 him which oaihs or aft ma
TONS subscribed by such clerk and certified by the person
the same shall be hed IN the office OF the
person employing such clerk
And there nothing the several acts for appointing
or continuing the Office OF Commissioner o Pensions,
in the appropriations Tor clerks in that bureau which
directly by implication oonfers the Comm the
appointing power In view OF the legal provisions above
referred TO- especially The OF March 3D. 1921. there
be doubt that regular clerks in the several departments
ted in the said They required TO take oath Of
Office They have official duties assigned 10 them, and
salaries the regular emolumens OF Office II this be
Congress cannot consutonally veet the power OF ap
pointing them any officer below The head OF depart
meD and IN this there provision oil law which
looks like an attempt TO do 80.
Appointments IN The General Land O6io-The tenth
section of the act OF July 4lb 1885, recognizing the Gen
eal Land Once, provides "tba the Commissioner be
thozed TO employ, Tor the Of the General Land
Office" divers clerks, with designated salaries and il
having been understood that this provision vested the ap
pointmen OF clerks in the Commissioner have thus far
whether accordance with the second secl,on
Ini,ed States