The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-27

PERSONAL L1AnnxrY or GOVERNMENT AGENTS
THE CASE or CosfxAxDEa HoELMs.-Our
readers are already aware that Commander
Hollins, of the sloop-of-war Cyaue, has been
arrested at tie suite o. e Mr.. Calvin Durant and
held to bail in the sum Of ten thousand dollars,
To app ear and defend an action wherein Durant
claims damages to the amount Of twenty thou
sand dollns, for the destruction Of wareh FUSES
owned by him, and burned during the Grey
town war.
The case is one Of considerable importance,
legal point, in the decis'o on Of which every
citizen should take an interest.
This is net the first time that person bear
ing the United States commission has been held
accountable for acts committed by the autho-
rity of the government, or when acting for
its interest In the year eighteen hundred and
forty six, John Charles Fremont, then Major
in the United States army, was engaged in an
exploring expedition in California. The Next
can war broke out, and Major Fremont raised
troops for the purpose of participating in that
war. Hebecame personally responsible for the
necessary expenses of these soldiers-their ra-
tons, clothing forage, quarters, and 80 forth.
He did good service, and 30 valuable was his
assistance that Commodore Stockton wrote
to Washington that on his departure he should
appoint Major Fremont Governor of the Terri
tory, and he received the brevet of Lieutenant
Colonel He was afterwards promoted to be
full Colonel, which rank he held until he re-
signed his commission. Consequently there
can be no doubt that all of Major Fremont's
acts were approved by the United States gov
eminent.
Finally, the war was over and the bills began
to come in Major Fremont had received his
grade-his grateful country had given him
brevet; but his claim was unpaid Disappointed
in their endeavors to obtain satisfaction from
the master, the creditors came upon the servant.
He was sued for the debts he had contracted on
account of the United States, arrested, aud put
to considerable trouble. After his return to
the Atlantic States, the matter was brought be-
fore Congress and overslaughed. Colonel FIRE.
mont went to Europe, and in London he was
arrested, and for short time imprisoned by the
agents of these California creditors. Finally, a.
bill to pay him passed the Senate, in the session
Of eighteen hundred and ffty-two, but was lost
in the House. After great deal of trouble the
bill passed both houses, and about thirty thou
sand dollars were appropriated to reimburse
Colonel Fremont for the money spent in the
public service. Congress at its last session
passed an act to pay the Colonel for beef fur
nished to the California Indians; but we
believe that he is even yet under heavy
load of debt contracted in this same California
service. Now, nobody doubts that according
to law and justice the United States ought to
pay these claim government is responsible to
the people for the acts Of its agents. and they
are responsible to their own employers. This,
we believe, is good law; More than that-it is
justice.
The case of Commander Hollins does not re-
semble that of Colonel Fremont in all points;
but in the vital point-the responsibility of
government agents-it is precisely the same
The administration fears to support its own
policy in the Grey town affair, and the Ameri-
can citizens whose property was destroyed imi
tate the action of the Californians in the case
Of Colonel Fremont, and sue Commander Hol-
Inns. If this practice is to be continued, it will
lead to the worst results. Our army and navy
officers must either resign, or manage to secure
the wealth Of an Aston or Girard to pay the
expenses incident upon obeying orders; or in
cases where orders could not reach them in
time, acting according to their judgment, and
for the best interests of the country whose flag
they defend. Even if they exceed the limits OF
their orders, they are responsible to no power
except the authorities at Washington, and in
that direction only do they look for punish
ment or reward.
There is not much reason to believe that
Commander Hollins disobeyed or exceeded the
orders Of the President, and we cannot but con-
denim and despise the cowardice of the govern
ment which fears to assume the responsibility
Of its own acts.