Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-09-09
TIE NAVY YARD AT MEMPHIS.

Congress- at its recent session. incorporated into the
Navy appropriation bill the following section:
"Sec3. Aid be IL further enacted That all grounds and
appurtenanc hereunto belonging known the Memphis
Navy Yard Shelby county Tennessee be and the is
hereby cedeto the Mayor and Aldermen of the city Of Mem
phs for the and benefit Of said city that the Sece
Memphis surrender the Mayor of Memphis said pro-
pery Pro That the accounting olcers of the Tseasu-
ry in settling the account Of the late Navy Agent at Mem
phs shall MT deduct the of two thousand nine hundred
and sixty dollars and CENTS already received
by him andpassed to his credit the books of the Treasury
Department from his salary acting purser provided by
making appropriations for the naval service Of the
try for the pear ending the 30th of June, 1853"
In orde that the Department might avoid mistake
from an erroneous construction Of the law the subject
was referred to the Attorney General for opinion
The act aid the opinion given by Mr.. CUSHING sent
by Secretary DoBBIN to the Mayor and Aldermen of Mem
phis for heir acceptance The substance Of the opinion
is this: E,
The geations arising two: First, whether it was
tho intion Of the law to include in the cession all the
budins and machinery erected and public property Of
every description placed at the Memphis Navy Yard for
purpoes connected with the object of the yard Second
whether the cession is intended by Congress to be cendi
Iiona whether the provision is distinct and inde
pendent provision, affecting only the action of the
officers of the Treasury in the particular subject
matter.
In considering the first question: the Attorney General
is Of opinion that the words grounds ana appurte-
HanCcS descriptive oi Teal cstEe, HotuiuS
1t is PLAN therefore, that the act does not pubic
property Of every description Eemp, timber, iron
able stoes other chattes Of any sort not compre
hended the words grounds and appurtenances." The
property not annexed to the not conveyed
by this grant The act is grant Of the land the build
ings the land matter Of course and all machine
provided such machinery be- attached to the freehold
rcnstituss fxturen Whether the machinery
in tas Memphis Navy Yard be fixture not is to be de-
BY suitable inquiry under the direction Of the
Secretary Of the Navy
Asto the second question he is of opinion that the
prsons Of the section distinct in nature, and per-
ffy independent the Of the other in construction
T connexion Of the two clauses by the word provided
| is considered accidental unntentonal fact
Fovded" to be equivalent to Be it further
acid" So that the cession Of the Navy Yard does not
deRnd the settlement of the accounts of Mr. Perrin
! Mr. CUSHING is therefore Of opinion that the two
caes are, in legal intendment to be considered and
disposed of separatey-the first by the Secretary of the
Nav and the second by the accounting officers of the
Treasury.
III may be proper to remark that the Engrossng Clerk
Of he Senate states that the roco in regard to Mr..
Pens accounts placed by mistake in the paragraph
reaing to the Memphis Navy Yard