New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-07-04

articles delivered previous TO sIoh payment. Also
the statute of Feb 26 1865 declaring all transfers
Of any claim upon the United States powers Of at
torney, orders or other authorities for receiving
Payment of any sueh claim to be null and void IN
lees made executed in tire presence Of two attest
ing witnesses. After the allowance of the claim the
s-certanment of the amount due and the issuing OF
tie warrant, he AIDA, that il the Secretary OF war
had authority TO pledge the national f@th 1of The
yment Of these drafts 1t must rest upon the as
sumption that he is the general agent OF tho United
States with full power TO charge the nation with in'
definite debts with no guide for his conduct but his
own discretion, and restraint but his personal
honesty.
In the course of the argument the AtoTney-G Gen.
era examines the Gaze Of the United States W.. the
Bank of the Metropolis in 18th Peters and comes to
the conclusion that il is not such adjudication OF
the questions involved in this case as 10 make il
controlling authority After contendiDg upon this
and other grounds that the United States is legal
ly bound TO pay any money on account oil the drafts
in question the Attorney General concludes as FOL-
lows:
As to the supposed equity of the claim. must de-
IT TO me, do not properly belong to my office,
but 10 the Judiciary and to COn,ress--inceed. il
strange TO me, and is rather suspicious Cit
cumstance that this matter has never been present
ed 20 the Court Of Claims, where both the Law and
the equity OF the case could be fully heard and de-
tennined.
IL has been objected, j know, that proceeding in
that Court would be Intellectual because it cannot
enforce the payment of the debt when ascertained
and adjudeated, bui that objection lies equally
against all Courts, for none of them, not even the
highest, issue execution against the United
States, OF compel the Government 10 pay dollar.
NO money can be drawn from the Treasury
for any purpose but in consequence OF 8ppro-
priatons made by law. Ii follows, therefore, in
every such case that the actual payment. must de-
pend upon the action Of Congress, and | cannot
question the wisdom and justice of Congress by
doubting is readiness 10 make appropriations, which
may I've necessary 10 pay All honest claims against
the Government, whenever lawfully allowed by
Tie proper triounals.
DEATH OF CORPORAL DONOVAN.
A dispdtch from Manassas Gays Corporal DsnIel
Donovan Of the 18th Massachusetts died yesterday
Of typhoid fever. The entire regiment preceded by
full band accompanied bis remains TO the grave.
THE TAX BILL.
The Tax bill las not yet been put INTO the hands
Of the Public Printer and will not be for several
days. This fac, viii serve answer to very nu-
meIous inquiries.
TIE DEPARTMENT or AGRICULTURE.
Tie Department ofAgicnltural is to go into opeI-
alton Immediately, with Isaac Newton Of Pennsyl
vania rs Commissioner, and Richard G.. Mccormick
Of New-York as Chief Clerk. The Department ia in
accordance with recommendation Of the President
in his annual Message. The establishment of dig
tnct bureau or department devoted to a leading pur-
pose to the agricultural interest la been discussed,
more or less, for the last twenty years.
APPOINTMENTS CoNFigMLD.
Tie Senate to-day confirmed the appointment Of
" lillian Willis Postmaster al ClaIksvllle, Tenn;
James G. Johnston Of New York, Assistant Quarter
master, 18th rank of captain also, the following
named Graduates Of the Military Academy, as
Second and Breyet Second Lieulensnis, to be
attached 10 the army, TO take rank respeo-
lively. Corps Of Ergineen; Cadets, X. ;.
Mckenzie, George l.. Gillespie, jr. George
Burroughs, Charles Il. Suler Jared A. Smith,
Samuel NJ. Mansfield, Henry c. Wharton Ordi-
nance Department Cadets Clemens G.. Chafiee,
Morris SHAFT, Joseph Myers, WIN. 4. msrge LIT
regiment cavalry, Cadet Clifton Combs; ID regi-
ment cavalry, Cadet Freak j. James LIT regimen;
artillery, Cadets SUuy McRea, John Eagan, james
H. Sanderson; I'd regiment artillery, Cadets Isaac
Arnold, James ii. Lord, Charles " Warner Sd
regiment of artillery, Cadets Frank u. Hamilton,
James VI. Lancaster, Asa Bodies, VIM. {. Bartlett;
9Th regiment artillery Cadet James IL. Rollins; 9TH
regimen, Of artillery, Cadets Eoele,h Wilson, John
II. Gale, Samuel Il. Mcintyre, Albert II. Murray