The New York herald., 1870-09-28
WASHING ON,
Qonpressman Jenckes' Great legislative
Blunder-Important Questions at Is
sue - The Interior Department
Abolished -. Activity Among
POliticfans--C0inage Of the
Philadelphia and San
Francisco Mints.

Francisco Mints.
.7,4sHINGToN, Sept q, 1870
xAo Great Congressional Blnnder--C ongrcss-
mnn Jenches Alone Responsible.
Several newspapers are now parading, as very
recent and wonderful discovery fact which was
iuly explained In these dispatches some weeks ago
and frequently referred to since then. a!lude to
the mammoth legislative blunder involved IN the
repeating clause o. Mr.. Jenckes' bill for the revision
and consolidation OF the Patent and Copyright iaws'
The latest discovery in connection with the alar-
namely, the repeal Of the acts ESTABLISHING tue home
or interior department-has led 10 the eSanlha'
roA OF the whole subject by governments authori-
ueS and 1t can be concealed no longer that huch
uneastness ia felt In Official circles 1t Is not antic-
rated thaf The results OF the legislation VIII be very
grave. but IL is foreseen tba. great inconvenience
and embarrassment may be experienced III dluerent
branches OF the service. As 10 all cases where q
mistake has been made, there is now raging dis
eussion as TO who the party that ought to be held
accountable for 1t. Some blame Commissioner
Fisher OF the Patent OGce; Others say the commits
sioners appointed to codily the laws are the real cu
prits; others. again, with strict truth and JUSTICE
iasten the whole blame upon Mr.. Jenckes, who, as
chairman Of the Committee ON. Patents. had charge
uI the measure and managed t IN the House, besides
following 1t with protecting eye over IN the Sen
ate. The commissioners appointed to codify the
laws consisted Of Judges Johnson and James and ex.
Attorney General Caleb Cushing The last mentioned
gentleman finding he could not give the required
time ana attention TO the subject sent his resgna.
ton to President Johnson who for political reasons.
refused to accept Il. Mr. Gushing thereupon de-
elared he could not receive any compensation
for an ofhce The duties Of which he
could not attend to. President Johnson re.
piled that Mr. Cushing was free to act
MS he chose on that matter, ana accordingly
MI. Cushing placed die in the State Department
aremIttitur. He never did any Of the work OF the
commission, the main portion having, In point Of
fact, been performed by Judge Johnson, who studied
the entire subject thoroughly and prepared an able
report If this report had been adopted without
unkering by careless congressman no such blunder
could have happened. Mr. Jencke undertook to re-
wise the revisers, and III doing so committed the
mistake which is now agtating the whole country.
Commissioner Fisher las come to his own rescue
La reply to the charge of OF the morning papers
Aere that he responsible for the Dlunder he
wrltes:-
In your paper OF this morning, referring to the re-
pealing clause of The new Patent law you saw
friends Of Mr. Jenckes of the Co mntee Patcns
hold that he responsible for the blnnde the bI in
was supposed to be carefully prepared.
The new Patent bill was not compiled by the CON-
miss oner of Patents but by the commissioners ap-
pointed to revise, simplify arrange and consolidate
she laws OF the United states. The report OF this
commission contained no repeating clause whatever
The Commissioner Of Patents prepared Interviewed
Eopies VI this report upon which he noted his sug-
gestlons Of inaccuracies III the codtcatiOn and pro-
posed amendments and laid them before the com
Mittees on patents IN the House and Senate. He did
not draft repeating clause, and The bill as 1t left his
hands oonhea no ar Tepeallg clause or scheanle OF
clause or schedule. The report OF the commission
ers was referred 10 the Committee on Revision OF the
laws, who In theory at least, should have been spe
cfally charged with the preparation OF repeating
clause, since The whole matter OF revision and con-
soliGaton was with them, the Commissioner Of Pat.
ants and the committees on patents being specially
Interested In the amendment OF the law, rather than
IN the codfcation Of existing statutes. Tue state
Iaent that the law abolshes the Patent ONCE Is also
an error. The act repeals the former acts creating
the Patent once. but expressly provides for the con-
tuuatiOn OF the once heretofore established, known
the Patent 0nlce, declaring "that the officers and
employees of SAID office shan continue TO be one
Commissioner OF Patents,n &c
Permit me TO add, that however general and
sweeping the schedule OF acts repealed may seem TO
be the title OF the act the obvious scope o. the re-
pealing section preceding the schedule, the legla-
lion OF Congress concerning the departments or Du
reaus supposed to he abolished, in acts passed be-
Iofe and after the act in question, as, for instance,
the General Appropriation bill, approved July u,
1870 in which appropriation L made IN detail for the
oficers and employees OF all these departments, fur
,Eg schedule that no court could hesitate
Tor moment TO adopt II the Interior De.
were abolished on July 8. they were pretty e6ec-
finally restored on July H. at least so FAR as their
DsTS07lHet Is concerned, while there are an Rbun-
dance Of other acts, not included in the schedule of
the Patent law, which sufficiently define their du-
i2es. Respectfully SAMUEL s. FISHER
Texas Judge Upsets the ssUb-Treasury and
Abclisaes the Interior Department.
Jadge Pascal, in q published communication to-
day, contends that MT. Jenckes blunder1ng law OF
July s, $780, remodelling the Patent Onice, has in
rla a M O. nj no
the bTreasury, the Interior Department and the
law authorizing certain persons TO act In the places
OF chief executive officers. He Insists that no per-
can be convicted OF crime against any Of these
laws, and that all sureties required by them upon
bonds are released and that such repealed laws are
not revived by subsequent appropriation acts.
The Middle Over Uncxpcnded Balances.
n claim for rent OF land and buildings occupied
by the War Department during the rebellion the
amount due was charged to the appropriations FOR
barracks and quarters for periods prior to July l.
1870. The Quartermaster General however, IN a
communication addressed to the Secretary OF War,
holds that the only appropriations for periods pror
to July l, 1870, now available, are the balances Of
the appropriations made by act OF March 8, 1862 to
supply deficiency in appropriations for service OF
tie year ending June s0 1869, for barracks
and quarters 100000, and for support of tho
army for tile year ending June 30 $780, hire &c, OF
quarters, &C., 000 900. The fact that deficiency
appropriation was necessary shows that there was,
so long ago as June go 1862 no balance OF earlier
appropriations, and the money balance in the Trea.
suy June 80, 1870 for barracks and quarters, must
therefore be derived from the appropriations above
cited, which are distinctly for service for the years
ending June 80, 1869, and June 80. 1870. Referring
TO the opinion OF the Attorney General July 81 1870
and the sections Of the law Of July I5 $780, there
cited, that all balances Of appropriations contained
In the Army Appropriation bin and made specif
cally 1or the service OF any fiscal year,
and remaining unexpended, &c, shall, only be
applied to the payment OF expenses properly jn-
Cured during that year, to the tujflment OF con-
tracts properly made within that year the Quarter.
master General IL OF the opinion that the settlement
for the above claim for rent and FOR which no con.
tract was ever made by the United States, cannot
properly be paid out Of balances Of appropriations