Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-07-10
Full Text Of the Opinion Of Attorney
General Williams-COurt-Martial
for the Soldiers, and the
Civil Courts for
Civilians.

" ASf1ANHA AONp q - .. 11eNCA-SJ
General Williams has delivered an opin-
ion in the case of General Howard. He
says the papers furnished him are in
complete, in not including the bonds Of
the commissioner of the freedmen's bu-
reau and its chief officer, and in Other
respects. The attorney-general differs
from the opinion Of the late Secretary
Stanton, that bonds are not required Of
an army officer detailed TO this duty. In
response TO queries as to what course
should be pursued in cases where consid-
cradle sums have been taken from the
treasury by means Of forged receipts and
vouchers for bounties due cOlored sol
diers, and TO what extent the commits.
sioner and chief discussing officer are
responsible, be says the offenders can be
proceeded against eriminally and civil.
ly, or against persons responsible
{ r their acts, by the government. The
bond Of ten thousand dollars required
Of the commissioner from and after Oc-
tober 81, 1871, does not cover any de-
fault prior to that date, nor is the COM
missioner Iiasle for the acts of his assist
ants under the act Of 1866, but under the
Joint resolution Of 1857 the commissions
is explicitly held for all moneys paid
under that act, and he is also responsible
civilly for the acts of his subordinates.
The Encouragement says: 1.-The COM
missioner of the freedmen's bureau is
therefore liable for all losses Of the gov
erument by defaulting subordinstes or
other persons employed by him, under
the Joint resolution of 1861"
OPINION.
The following is the opinion of the
attorney-general in the Howard case:
DEPARTMENT OF JUsTICE,l
WAsHISGTON, July 3, lS7s.
SRI have duly considered your conf
of the thirty-frst of May,
with the accompanying documents and
papers, upon the subject of frauds in the
late bureau of refugee, freedmen and
abandoned lands. The papers which
Won transmit me are in many respects
incomplete, and particularly so in not
including the bonds, or copies of bonds
Of the commissioner of said bureau and
its chief disbursing officer, and have
been able to obtain but one Of them. /
think. however, that l have enough facts
before me 10 enable me to answer the
questions which you propose. The
bureau was established by
an act OF March 3, 1855, the material
parts Of which are as follows:
By the first section it is
DYovided that said bureau shall
Be under the management and
control of a commission TO be ap-
poiutsd BY the President by and with
he advice and consent Of the senate,
whose compensation shall be three
thousand dollars per annum, and such
a number of clerks as may be assigned
10 hina by the secretary Of war; and the
com missioner and chief clerk shall, be
fore entering upon their duties, give
bonds to the treasurer of the United
States-the former in the sum Of fifty
thousand dollars, and the latter in the
sum OF ten thousand dOllars-cOndltiOn-
n for The faithful discharge Of their du-
ties. respectively, with securities to be
approved by the Encouragement as suf-
ficient. which bonds shall be filed in the
Office of the first-cOmptrOller of the
treasury, TO he by him pat Insult for the
benefit Of any injured party, upon a
breach of any condition thereof.
The third section Of the act creating
the bureau is then quoted, to show the
duties and responsibilities Of the COM
missioner. The papers which you en-
close to me show that considerable sums
of money have been taken from the
treasury by the officers employed in the
bureau, by means Of
FORGED RECEIPTS
aud vouchers for bOunties due cOlOred
soldiers, and by means of receipts and
vouchers fraudulently procured from
them; and you ask my opinion upon
the questions:
First-In case where guilty parties can
not be prosecuted, what should be the
course IN order to the protection Of the
interests Of the government and of
claimants?
Second-When prosecution is not
barred by the statute Of limitations, what
action should be had? To what extent
is the late commissioner Of the bureau
Of refuges, freedmen and abandoned
lands and his chief disbursing officer re-
spOnsible?
Your questions are not quite so eX-
plicit as / could wish, and ] am not GER
tain whether, by the word "prOsecu-
ton, " you refer solely to criminal pro-
ceedings against the offender, or to civil
and criminal proceedings. For offeDses
OF this kind it is open to the govern
ment TO proceed criminally against the
offender, and likewise TO proceed in civil
action against him, and against any
person who Il responsible for his acts.
Where IL is impossible TO proceed crimi-
nally, either by reason Of offenders hav-
Jog abscOnded, or prosecution being
barred by the statute Of limitations, he
NAV be sued IN civil action, If it be
deemed eXpedient, or If property Of his
can be attached. II, therefore, any
disbursing officer, or any other
officer OF clerk employed by the bureau
has obtained 10 the method mentioned
ia your communication, moneys from
the government, and it il thought best
te sue him personally. The papers may
be sent to the district-attorney Of the
district In which be resides. or where
be has property, for action. There is no
statute barring the United States 10
civil actions. The late commissioner Of
the freedman's bureau gave no bonds
on his appointment IN 1869, because, as
be informs you, Mr.. Stanton, secretary
of war, did not think that the provisieJ
in respect to bonds was intended to ap-
Div to the case Of an officer Of the Amy
detached for duty. Under that act, af-
ter due consideration, ind it impOssi'
bic to concur in that opinion. The oh
jeet Of bonds is not to have means o
furnishing
DEFAULTERs,
but the protection Of the government
from pecuniaTy loss, and the object 1
iust as important in the case Of mill
fary officer as of civilian. A bond
however, given under the act Of 1865
Clearly would not cover the loss o
mone( paid 10 the commissioner unde
tine Joint resolution of 1867, bat by tn
third section Il that resolution all none,
paid or disburseG under the same rule
and regulations governing other dis
bursing officers of the amy. This re
quired the commissioner to giSs BON
in the same manner that any officer q
the army would do. On the thirty-frs
OF October, 1871, the Commissioners di'
give a bond IN the sum of ten thousan'
| dollars, the condition of which reeite
that he had been appointed as q specls