Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1854-06-06

arising under charter party, where part Of
the goods of the United States were lost, with
out blame to the owners, by the perils of the
sea, and part delivered in good order, it was
held that though it is settled law that if
ship be chartered at specific sum for the voy-
age, and she loses part of her cargo by the
perils of the sea and conveys the residue, no
freight can be claimed under the charter
party-such a contract of affreightment being
an entire contract only performed by the de-
livery of the whole cargo; yet, in the language
of Abbott the highest authority on the sub
jeot, sit seems hard that the owners should
lose the whole benefit of the voyage, where tho
object of it has been in part performed, and
no blame is imputable to them;" and it better
COMFORTS with the charter of our Government
not to shield itself from payment under the
strictness of the law, but to allow freight in
population to the goods delivered, as has here
| tofore been done.
An Important Question Of q. s. Judicial
| Paw Settled,-A territorial Judge appointed
| by the President, by and with the advice and
consent of the Senate, for tho term of four
| years, was removed from office, and his sue
cessor appointed before the expiration of said
term He has been paid his salary up to the
day, inclusive, on which he was legally notified
| of his removal and he claims salary for the
whole term of four years. 1t is held that when
the President and Senate of the United States
exercise power which, in their opinion has
been conferred on them by the constitution, or
| by the law of the United States, the account
ing officers have not the authority or right to
say officially, that the exercise Of such power
is unconstitutional and illegal, and should be
by said accounting officers disregarded and
held for naught. Two persons cannot hold the
same office at the same time, and the President
of the United States having thought proper
to remove said Judge, and having nominated
| and by and with the advice and consent of the
Senate, appointed his successor, the accounting
! officers are bound to consider said removal and
appointment as legal. In cases Of appoint
ments and removals by the President, wher
the removal is not by direct discharge, or OF
an express vacating of the Office by way of in
dependent fact, but merely by the operation
of new commission or appointment then TIT
| virtue of the old commission ceases, only wher
notice of the new commission is given to The
outgoing officer, either by the President, o.
by the new officer exhibiting his commission
to the old one, or by other sufficient notice
and he can only be paid salary to the day Tin.
clusive) on which he received such notice
The Current Operations Of the Treasur,
Experimentation yesterday, the 5th of June
there woro Of Treasury Warrants entered OF
tho books of tho Department
For the redemption Of stocks..... $16,3I5 a
Fer the payment of other Treasury
debts 6,2S2
For funding under the act of Jan.
e, 1854. 800
For the War Department.. 365 Z
For the Navy Department. ...... 29,4O2
For the Interior Departmental. 1859 Z
For entering upon the books by
appropriation warrants under
the act of May 81, 1851
For the War Department.. 1856 6
For the Navy Department.. ....... 103,9O2 7
For the Interior Department. 80. 206, 450 0