The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-07

Important Decision IN the Case q sns Mar
sss!essa Ne sssss e e. ne : Ass.;:y go IN ~
AsEoRNTY GEsuAr's 0srscs, Aug. =, 1857
BY The oct OF sist Of Aagu,t 1914 40 U. hws, s0),
isS.s.i fsna q ssssordi.:sy s1Dss. iscu1rss b.
officers OF the United aies. though payment Of such ex
penses be MOI specifically provided for You sset ne ne
aocouDts and oil papers relating thereto, Of Josspa
Hey wood ass marshal Of Utah, and asked my cptaico
whether me expenses for which he claims 70 be allowed
n tstiry The sowaIc CO Of expenses nike thoss which
the hte Marshal of Utah exhibits, Il y nsosusazy he
ahould show, that they were Insured y milisses.i
officer ths they were incurred In executing the laws "
By the District or Circuit Oourt Of The dscs ia which the
under confederation come within these requ,rsneoss,
they ought TO be allowed and II not mot What sre the
Mere than twenty tsousand dollars Of this claim e for
conveying the JUICES Of The Terrtery % and nom the
places Of holding the Supreme and Os1ice Courts mn
nercus guard WIS provided and P.t q he for
wagons and other Of transportation for she guard
also charged To this added the price Of provisions,
them e well q carriages the Judges themselves Tne
sum total swe!ed BY great many curious issns which
II woula be hard " classify.
sordnsry expenses for the are very extraordinary both
end character But they not the Of
The court are his pecse and he cannot call the
Of mips,eSi officer msroy because he al0 scd
the hRHhA TO hire his carriage and servants and 20
bis bills tho me largo waicn joavneys
seem 70 have cost makes no dnreuoe. snoe the
law does lot cover expenses OF judicial cf1cer how
ever exrSos binary hey may happen DO II .he
MAMMAL had furnished ~ oanh Of the Judges . siagl,
horse, and made claim upon the government for the
principle that which he has in fact presented he e
al merits Of She case are pos any better because for
twenty thousand instead OF . hundred dollars.
Another objection 10 this clai ID equally fatal; the OK
penses not incurred by the aarsna In executing the
laws Of tho United stAes The act Of Congress- couanss
The powers Of the President that he allow
except hat incurred In the execution OF judi
cal process Bat there Judgment, decree, order
pyooesf OF court 10 b. carried into effect nor wss
he marshal in tho bne OF any dnt} which the lay oon
be al the L says nothing 10 tho Marshal about
bringing them there The mandate 10 dir ected 70 the
Judges alone When q Judge ob3ys that mandate b.
Going 10 court, whether foot horseoacx 10
carriage surrounded BY . csvalosde OF outSidsrs,
Is hardly ne said that ne n executing The 10 =
witness obeys the subpoena, clerk ~hsn he makes
he Geris s At an svens that the Jidges
performance OF his du bv going 10 cYurt Ia not
cu,on OF Lac by the Mar. hal
Bat these bls had been l~gs IN Other respacts
they have been legally taxed he ~ C,ngt
qpires special taxaou by the Coa-s r7s Iaxsd Or
axed Ct ally ov Judge at biz ;hamb rs-oy = Juoge
~hsn be was Dot In the re-fio y-hs Judge stef ne
reigned bis onice-by one Judge, xhen the Cou Don
sisted Of three. You oannot consider . bill properly
taxed under nis act until 10 done In by the proper
Court duly organizedsv ih quorum Of Judges the
bereh In regular servce and record made OF the dc
oision The exclusive evidence OF this will be the cerd
cate OF the clerk, sttessen by the seal
properly lased bu, the greatest part OF them OF
character which would 'ude hem, however thew might
be authenticated J. 9. BLADK.
Hon j. THoxrsoy, Secretary of the Interior.