The New York herald., 1870-09-15
WASHING
An Army Of New Customs Officers to be
wApA,oiuted - Reckless Congressional
IegtSiatlon--A Revolutionary Claim
Une,rthed-The Departments
Besie,-ed by 0fllce.Seekers.


UneArthed-The Departments
Besie,-ed by 0flce.Seekers.
WASHINGTON. Sept. IA, 1870
Stupid Icgisiatfon- Points to bc I'm
ravelte6.,
An official, who is well acquainted with the
statutes was asked how many errors there were IN
the bills passed at the last Congress- his reply "as
many as there are lines In the bills" oxasgeratcs,
perhaps the actual condition OF things hut IL time
were allowed his statement might be verified, for
every day paipable blunders are discovered. The
latest, ana one which caused great deal OF excite
ment among the officials ut the Treasury Depart
menr, came TO light to-day. At the end Of the act
revising, consolidating and amending the starutes re-
lating ia patents and copyrights passed July $780,
was appended repeating clause and schedule whlch
enacts: Ihar tho acrs and parts ofacts Set forth In
the schedule of acts cited hereto aunexed,v are
hereby repealed. without reytviag any acts or
parts OF acts repealed by nny Of said
acts or by any clause Or provision there
In. Then follow the provisos, which clearly TO-
late TO the Fights Of patenrees and claimants under
tile net ITSELF and then the folowiug schedule Of
statutes cited and repealed printed In the statutes
ut large Including such portions only OF the appro.
pratlon bills referred 60 as arc applicable TO the
Patsnt ONCE" The schedule refers to acts passed
from July 4, 1885. to March 8, 1859, under the
sweeping provisions Of the repeaing clause
IL the act OF July g. 1865 authorizing
the President to temporarily supply the vacancies in
the executive departments III case Of the death,
resignation, absence sickness Of any of the CaAt
net officers or chiefs Of any Of the bureaus. .It
does not provide that 40 much OF that act as Is
Inconsistent with the act then passed shall be re-
pealcd, nor can there DO found anything qualifying
its meaning. Congress undoubtedly Intended that
such portion OF the act Of july 1865 should be re-
peaTed as referred to the ns OF the Office OF COM
missioner OF Patents. the new Law providing ex.
pressly how IL should 10 done. When the question
was brought the attention Of the Comptroller the
Treasury he did not dispute the fact that that law
was absolutely repealed. and by the provisions or tho
repeating clause that al recourse former &C ts was
cut on. The Acting Secretary Of the Treasury how
ever, argued that some allowance must be made for
the intention OF Congress IN passing acts and there
fore the clause In the act must be regarded only
which refers to the Commissioner Of Patents once:
whereupon, It was asked, why was not the same
nperal construction given to the Appropriation bill
In those sections concerning unexpended baancesS
for Congress never designed work on lighthouses
and public buildings for which It had made specific
appropriations should be stopped the speedy
construction Of which was required In
many Instances for the good OF the public
service. Mr. Richardson good naturedly replied that
lie did not make the OPINION and granting that the
law referred to was repealed, the President was
clothed with discretionary authority 20 appoint
temporary officers II the public service demanded It,
On the other hand your correspondent Is assured by
prominent republican Senator that severe ae the
enforcement Of the uneXpended balance clause OF
the Appropriation blu may have been, Congress will
sustain the Comptroller In the stand he has taken
There does not seem to be any way Of evadiny
tho effect OF the repeating clause In the
Patent law. There 1t has stood ever since Con-
gress adjourned, and II the strict Interpretation
or the law IL to Ds Upheld In regard to the proec-
tlon OF the finances why should It not be done IN
keeping the government officials Mt their post OF
dutyf After all 1t may not have been bungling
Legislation, but a covert act on the part Of some
economical person who framed the bni to check
the migratory spirit Of high salaried officials.
An Old Claim Unearthed.
Here Is bit OF history, which at this time seems
to remind the country OF tho debt of gratifQds
which the United States owes to France. Nicholas
! FouQuet and his son. Mark Antoine, came to this
/ country during the Revolutionary War and were
appointed officers In the army, with the prevet rank
| Of captain and lieutenant. Having a thorough
knowledge Of tho art Of making glnpowder they
were designated as instructors Of others, ana
| tHcreUy feuueTeu UnValuaDe BerVlce 10 our army
| and the cause Of republican independence. The
Continental Congress, in recognition Of their SER
vices, appropriated 5000 livres-equnl TO about
s14s--as testimonial Of their appreciation of
the benefits conferred. Shortly after the
war Nicholas died aud Mark married Massacnu.
scts girl. The descendants OF that family recently
found In rummagng among some Old papers, the
claim of Fouquet, and within q few days Benjamin
+. Butler has filed at the Treasury Department q
claim for the amount appropriated, with interest
The records were to-day examined, and, sure
enough, The appropriation was made al claimed
but 1t does not appear whether 1G paid. AS
1t Is In the form OF voucher the supposItiOn is the
claim is good. The heirs have been cited to give
additional evidence In support thereof As to the
interest, that cannot be allowed. 1t being clearly
against the interest Of the government to establish
such precedent by making this an exception.
Hordcs Of Once Seekers mt the Capital.
The Third Auditors once yestert ny lost two clerks
by death, unusual occurrence; but vacancies
strange 10 saw, never exist. so great is the number
OF applicants for positions in the departments that
the present clerical force could die oil In weeks
aud YET everv position he filed without going out
side Of tho petitions already file. 1t might seem
harsh TO people away from Washington to know that
there actually exists what Ia known the ''retiring
list" on which is placed the names Of such clerks
as are likely TO peg out'' within reasonable lime
and persistent applicants are assured that when that
takes place there will be room for them, bur not
until then
Payment Of Southern Claims.
A large number OF claims for pay have been nled
In The Fifth AUDITORS Office by parties who acted rs
assistant assessors in the South during the years
1855 and 1856, but who unable to take the pre-.
scrbed oath. For sucn Congress made provision at
It's last session, and fast as the accounts can DO
examined they ordered to be paid. Not so, how.
ever with tho assistant marshals of the census of
1860 or this class there are quite a number who
were cut or from receiving their pay by the break.
Ing out OF the rebellion, and only those who eau
take the oath required by the Secretary OF the IN
terror are enabled TO draw the amount due. Possibly
Congress may pass relief act Of It's next session.
YanIsecd0pl Outwifted-A shrc wd Southern