The daily union., 1854-07-22


the Attorney General has been invested with various o
powers and duties Of them special and tenporafy
ana some permanent some OF them purely legal and SONS
administrative rather than legal but all OF them having R
parent relation to the general nature OF his Office aud wht
il may be well to briefly indicate ~, ,.4..
BY an act passed at the second session OF The Gs cons
tuonal Congress, April 10 1T9o) the foundations wet
laid for the system of granting letters patent Of exclusive
privileges for useful inventions discoveries this branch
OF public business being placed In the joint charge of bs
Secretaries of State and Wnr and the Attofney General
Subsequently, February 2 l593) il was committed TO III,
charge, first of the Secretary of State then Of bureau
created for " under the Immediate authority Of special
commissioner and subject TO the supervision OF te Sec
tary of State until, before stated il transferred 10
the new Department OF the Interior. $1,000
By the act establishing the mint OF the United States
was required that the Chief Justice OF the United States
Secretary and Comptroller Of the Treasury die Secretary
Of State and the Attorney General should constitute
board to inspect the assay of gold and silver for coinage
Apri 1902 but this duty has been transferred since
TO the district judge and district attorney OF Penn
sylyania. 4 a,i,,.. =, l,,ts.... M MAN, s-...a
That duty administrative in iis nature; us was
that under the provision Of lew which appointed the Attor-
ney General together with the Secretary State aud the
Postmaster General board to prepare forms and schedules
for the agricultural commercial and other statistical facts
TO be collected in the taking of the seventh census of The
United States. March B. i849) li ihii r'1l 'Ad H
In very carly case of commissioners appointed under
treaty to adjudicate claims provided for thereby it was
made the duty of the President appoint person to act
before such commissioners III behalf OF the United States
under the direction Of the Attorney General who was re-
CURED to counsel such aud TO attend in when
commissioners might render his presence necessary and
he was authorized to employ such agents in the different
parts OF the United Satea as the business before the com
ssoners should III his opinions equire and to be paid
for their services ut such the President of the United
States might older.i (June 30, 1797) Yifiuptl g
4 tho same proceeding something analogous to t.
ad been adopted IN regard to later the
as 70 insure contentious investigation of all
claims presented it would have tended greatly 10 guard
the responsibility and facilitate the saa action Of Che com
ana 70 proupce esplts more satisfactory TO the
The Attorney General has himself been called ON to act
as commissioner to adjudcate claims under treaty as in
the case of the convention Of ndemntes between the
United States and the republic Peru Augustus ls4I
But the most serious Of his incidental duties has
such as require him to take charge of the litigation land
claims arising under cessons of territory made to the
United States by France Spain or the Mexican renblic
N BY series OF acts for the adjudication of land claims
under the treaties ceding Louisiana and Florida to the
United States 1t was made the duty Of the Attorney Cen
eral to decide on appeals from the district courts In which
the claims were in the first instance tgated 10 instruct
the district attorney i'll regard to hen to appear and
prosecute those appeals in the Supreme Court MAY 26
l824A a.il gs t6hi 5ft lFi 3t'i say 49,. s4j 'l.i
by the various provisions OF law for the adjudication of
land claims in California, it is in like manner made his
duty to receive and examine the transcripts of decided
py he commissioners before whom they ia the first in
stance to be heard and determine which Of the cases shall
be appealed to the district courts and to the Supreme Court
OF the United States March 1851 and August 3 1872
This branch OF business though in some sort temporary i
its character yet involves responsible present relations to-
and ultimate management Of large number Of suits Of
tntes one Of the most OF the present duties Of the
Attorney General aa a lyiasss ts. H 8ateral
Another class of duties of permanent nature and of
constant recurrence is the examination which he is required
to make OF all titles M ands sites purchased by the Uni
ted States for the purpose Of erecting thereon anoies
senas forts orttcatons yards houses light
and without his certificate Of The validity Of the tide no
public money can be expended upon any such land site
( September Il, 1S41. )t'H PEI ''i .''s
In all Of suspended entries of public lands the a-
probation of the Secretary fhe Interior and of the
ney General is necessary to the valid adjudication of the
same by the commissioner august 8, 1886 and March b
1889
Finally in regard the greet variety Of duties appointed
for the Solicitor Of the Treasury including the collection
debts due to t9 government the disposition Of property
taken by execution in its behalf the management of suits
in the local courts of the United States and the instruction
of district attorneys and lnarshals in the premises co
cernng which business will be said hereafter it is
made the duty Of the Attorney General the request
the Solicitor to advise with and direct him in such mat
tcrs Clay 20, lS30) 4a.il .Iaeu E... iF,.. laI u
remains only to say in speaking Of the legislation Of
Congress in regard TO the office Of Attorney General that
his Department. in common with the others, has official
SEAL and all copies of records authenticated by certificate
under this declared to be evidence equally with the
original record orpnper; that he in with other
officers OF the same class appoints the clerks other per-
sons allowed by law for the vice of his office in virtue
OF the clause OF the constitution authorizing certain APP
pointmens to be vested in the heads of departments and
he exercises all such general powers law vested
IN themsuch for instance the employment OF counsel
or other legal assistance in behalf Of the United States
Such are the general duties ordinary and extraordinary
of the office of Attorney General expressly forth by
statute, and in addition to implied contingent duties
which, already ntimated he may be called upon by the
President or the houses of Congress perform p,
On this point which has been touched already it may
not be amss to state fully the constitutional and
legal nature of the relation of the President the heads
of department in matters of detail explicitly provided
for by acts OF Congress .f.
We have cursoriy that the establishing the
parment of State provides that the Secretary shall pe
form and execute such duties SHALL from time to time
be enjoined on inrusted TO him by the President
agreeaby 10 the constitution relative correSuondcnce
commissions or instructions to or with public ministers
consus from the United States, negotiations with
public ministers from foreign States princes
MORALS or other applications from foreign public ministers
on other foreigners to such other matters respecting
egn affairs as the President of the United States shall
sign TO said departments y but the act does not say that
the President may assign him or shat he shall perform
any duties not relating 10 the orga affairs of the govern
ment Il proceeds further to provide that he shall
duet ne business q Nc saia department such monney
the President of the United Suites shall from time TO time
order instruct which provision decides nothing as to
what shall be the business Of the department
The act establishing the Department of War; in like
manner provides that the Secretary shall "perfo and
such duties SHALL from time to time be enoined
upon him by the President of the United States agreeably
to the constitution relative TO military commissions or TO
the land naval forces ships warkc stores of the Uni
ted States or to such other matters respecting military
and naval affairs the President of the United States shall
assign TO said department. relative to the granting of
lands to persons entitled thereto for military services
dered TO the United States relative to Indian affairs
and furthermore that the said principal officer shall con
duct tho business of said department In manner as the
President OF the United States SHALL from time time
der instruct Here also the statute power of the Pres
dent assign business the department. and to direct in
IT. is limited TO class OF enumerated matters and the a-
OF conducting the business assigned
In the act OF 1882 "for the temporary establishment of
the Post Office it provided that the Postmaster Gene
shall be subject the direction President of The