The Washington union., 1857-10-01
DEPARTMENT. NEWS.
ATTORNEY cKsraAL's onIcr

ATTORNEY GENERALS oryIcE.
Opinion Of The Aaoney Gan~dl -subjoined is the opn-
II, of the Attorney General In relation 20 postage stamps
and stamped envelopes sent TO postmasters'
ATTORNEY GEsKRALs 0YYIcE,
September 2s, 1867.
s Your letter of the Esd instant has been received
IN which you ask my opinion the right OF postnasers
40 I've credited In certain for stamps and stamped
yeopes not returned nor used
Close consideration Of the of Congress, the prac
toe Of the department, the decisions OF the supreme
Court upon analogous questions Is How bIS, and III
How l54 and the general principles OF law applioa
be 10 the subject has brought TO the conclusion that
the following rules ought be considered as settled and
clear -,
he Is charged with when he show that they were de-
stroyed without any fault Of his own before he sold or
psed thcm Letter stamps cost the government 70 little
10 get them made that it hardly be counted Their
value consists the fact that each OF them represents
three cents the payment OF postage Their destrucon
therefore appreciable loss to the government and
no gain all to anybody else An officer ought not TO
suffer for an unavoidable accident which does no harm
But il the stamps should be stolen lost and get
into the hands Of those who them and thus de-
pye the government Of much revenue the postmaster
should be held for them. One who has the custody OF
public money or property and is paid for taking OF
L. cannot get rid OF his responsibility by showing theft
or an accidental loss He is an insurer of its safety against
oil perils Of that kind.
8 Ii he destroys them by his wanton act or neg
the principle that no shall be allowed to have any
advantage from his own violation OF duty
When stamps are sent to postmaster by mail they
are charged against him ut the time they are SENT and
the presumption is that he received thcm II he de-
mands credit on the ground that he got them he
should be required to epel the presumption by his own
oath at least and by all the other proof which IN le
particular case he produce But the POSTMASTER
General satisfied that they reachedh him, he ought
to have the credit His legal responsibility for the stamps
does not actually begin until he has them in his hands
H., r,,aH far,,nc tn
ment which never there and proves that he mailed
them he entities himself to credit for in sending them
he does his duty and the subsequent loss of them is not
his fault But he should be held to strict proof OF this
by something stronger than his oath He can easily
get a witness to the act Of mailing them.
am, most respectfully, yours, Sc,
]. S. BLACK.
Hon A. " BaowS
Postmaster General.
Tas 10 Land at Neap Bedford, Massachusetts The Ator-
ney General has examined the papers recently submitted
v the Secretary of War relating to the validity Of the
title Of Butler H. Bixby land at New Bedford, Massa
chusett designed to be purchased for military purposes
Hell Of opinion that the deed from Mr. Bixby concu-
sye and vests valid title in the United States to the
premises.
INTERIOR DEPARTMENT
ases of Tie Judiciary Tho marshal of southern Ohio
having claimed credit of $l6l 20 for furniture of rooms
occupied at Cincinnati by the federal courts the marshal
of southern California having asked to be allowed for the
rent Of court house building at the rate OF $4,000
year and these expenses having been incurred in both
cases without the knowledge, and of without the
previous APPRECIATION of the Interior Department the Sec
retary referred the question of their legality to the Aor
ney General for his decision
The Attorney General holds that a marshal cannot
under the act of 1853 incur expense of than
twenty dollars in uny year for furniture, fifty dol
lars for rent of building and making improvements
thereon without first getting the sanction of the Secre
tary Of the Interior In the referred to him. the
penses had been incurred before they had been submitted
to the Secretary for his APPROVAL therefore, under the
law they could not be sanctioned 1t true that the
marshal could take appeal from the decision OF tho ac-
counting officers of the treasury to the Secretary but that
would not relieve the latter from his obligations to act
in accordance with the law The practice of the depart
ment heretofore had been right and the Attorney General
would advise that it be continued.
Peasacola and Georgia Raoad The time fixed for the
filing Of the maps final location of the Pensacola and
Georgia railroad in Florida has been extended from Oc-
tobcr lst to January LIST next.
Psasoa Bureau abstract of the business of this bu
reau for the last month"; Scptember under the act of Sd
March, 1855
Number of applications for bounty land received 256
Number OF warrants or certificates issued 626
Number Of acres of land required to satisfy these
rants, 244, 700--as follows