New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-10
WASHINGTON.
GEN. HOWARD AND THE FREEDMANS
BUREAU


ALL DEFAULrERs RESPONSIBLE TO THE CIVIL
OR MILITARY CODE.
WASHINGTON, July 9.-The followingis the opinion
OF the Attorney General in the Howard case
DEPARTMENT OF JUSTICE, WASHINGTON. July 8, 1873
sIR have duly considered your communication OF
the 3st OF May with the accompanying documents and
papers upon the subject Of the frauds in the late Bureau
OF Refugee Freedmen and Abandoned Lands The pa
pers which you transmit in many respects in
complete and particularly so in not including the bonds
or copies of the bonds OF the Commissioners OF said Blu
reau and its chief Disturbing officer, and have been
unable TO obtain but one OF them. think. however,
that / have enough facts before TO enable
me to answer the questions which you
propose The Freedmens Bureau was established by
the act OF March 1865 the material parts of which are
az follows; by Section it Is provided that the said
Bureau shall be underline nagement and control OF
Commissioner to be appointed by the President by and
with the consent Of the Senate, whose compensation
shall be 5000 per annum, and such number Of clerks as
may be assigned to him by the Secretary OF War; and
the Commissioner and the chief clerk SHALL before en-
erng their duties give bonds 80 the Treasurer OF
the united states the former IN the sum OF s5oO00 anu
the latter in the Of $4,000 conditional for the faith
ful discharge Of their duties respecyelwith securities
to be approved by the Attorney General as suhcleh
which bonds shall be filed in the Office OF the First Con-
oer OF the Treasury to be by HIM put In suit for the
for the benefit Of any injured party upon the oreach Oh
The third section OF the creating the is then
Vuotcu 10 SNOW tue lthpOHSiDhtOo VI thS
Commissioner"
The papers which you inclose to show that consd
cradle sums OF money have been taken from the treasury
Dy officers employed III the Dnrtan ny means Oh i9Iseu
receipts aud vouchers for bountes due coored soldiers
and by means OF receipts and vouchers fraudulenty
procured from them; and you ask my opinion upon the
questions, first, I'm cases where the guilty parties cannot
the protection OF the interests of the Government and OF
caimants Second when prosecution Is not barred by
ITO what extent the late Commissioner OF the Bureau
OF Refugee Freedmen and Abandoned Lands and his
chief discussing officer responsible ~ .
Your questions are not quite 80 explicit as woud
WISH and am certain whether by the word prose
cuon" you refer solely TO criminal proceedings against
the offender or to civil and criminal For ofenses Of
this kind II Is open to the Government to proceed crm
nay against the offender aud likewise TO proceed III
civil action against him and against any person who IL
responsible Tor bis acts. Where II rs lmpOssbe 10 pro-
coed crmnay either 10y reason OF the Offenders having
abscOnded the prosecution being barred by the statute
OF limitations he may be sued IN civil action II IL nc
deemed eIpedent or property OF his can ne attached
or clerk employed by the bureau has obtained In the
from the Government and U is thought best 10 sue hun
personally, the papers may be sent to the DistnctAt
tOrney of The district in which he resides, or where he
has property, for action. There il statute
barring the United states in civil actions. The late
Commissioner OF the Freedmens Bureau gave no bonds
Mr.. stanton, the secretary OF War did not think that
provision In respect OF bonds was intended TO apply
10 the OF an oicer OF the army detaeu iOr duy
under that act After due consideration mud 10 mp0S
sble in the opinion. The object OF bonds Is
not 10 have the means OF punshnga ueauter' DuI ths
protection Of the Government from pecunlary loss ana
the object Just important III tdHo VI
officer as OF civilian a bona, however gwen uhuer
the OF 1861 clearly would not cover the loss OF money
paid 10 the Commissioner under the JOINT resolution OF
i67 but by the third section Of that resolution all money
paid dsbursed hereunder shal be held ana dsuureu
under the rules aud regulations governing Other
disbursing officers OF the army 1hs required the COM
missioner TO give bond, in the same manner that any
SnT ISL ~ the Commissioner did give a bond in
the sum OF $1,000, the condition OF which
reces that he appointed special agent and
discussing officer OF the Bureau Of Refugees &c. and
provides that he shall heneefortl during the n9inhg
in said
ties thereof aud faithfully eNpend all pubic money,
and honoraby account for the same ana ior az pnpc
nrouerty which shall come into his hands on ac-
count of the Subsistence and Quartermasters Depart
ments or Of such Bureau without lraud or delay.
This bond was not given until four years after the APP
pontment OF the Commissioner to pay the claims OF cor
soldiers under tine Joint resolution Oh 1871 ana, Oh
would reem be for bonds OF ordinary dlsbursing OIL
GERS OF the army anu h ui Of the pT,ucinal obIig
Reference ought 10 have been made IN the
bond 10 the Joint resolution. There pro-
y,son ~ recurring any other officer than those
already named 10 give bonds Dlt II was perfectly law
fu TO take bond from any suooruHa1e 0Cor al S one
10 the United states and such bond would have been
Under the act OF 1855 the Commissioner OF Ihe Freed
mans Bureau would not. think, he liable for FUNDS
paid directly to the Assistant Commissioner and dis
bursed by the Assistant Commissioners. They were not
appointed by him. nor we're they MS agents put were
10y these officers the statute would seem TO have in
tended 10 relieve the Commissioner from haDty Tor
their acts within their several jurisdictions But the
JOlut IesblulloH VI lou - ~ 49,
under that act paid directly to the Commissioner and
II is enacted that he shall be responsible for the safe
custody and faithful disbursement of the funds Dtrusted
20 HIM. Nothing said about any Of the As
sistant Commissioners or about any or the
probably necessary and undoubtedly lawful for the
Commissioner 10 appoint aud employ dsbursing officers
beside himself nevertheless he Ii responsible eviy,
under for their acts the same as II done by hun
SELF and even II he took bonds from them directly to the
Government this cannot relieve hun Of such Liability
The Government NAV enforce both securities in order
to indemnify itself for loss which through the de
fault Of subordinate officers 1t may have suffered fns
liability might IN some Respects oe enlargeu oy Tue
terms of the bond given by the Commissioner Ont OF
could be in the least diminished The Com
missioner Of the Freedmens Bureau Is therefore, ape
for all losses sustained by the Government through the
lie ault OF subordinate discussing ocer OF 0tner per
sons employed by him IN the disbursement Oh moneys
intrused 10 him under the joint resolution OF 1851
Chief Discussing officer ~ almost Impossible
from the facts which are now before me- TO stale whaC
liability the Government may be- or course ne Is
liable both clyiy and crminaly or ms own
How far he liable for the acts OF snDOrdnates EN-
ployed under him, is question which u Is Impossible
for me to answer without COPY ol MS pUn ann nono
more information IN respect 10 MS appointment hu en-
ployment than have been able 10 ODtalh rom me pc
bonds 10 the Government their suetles are liable or
their misconduct loss Oec1soned by them according
the thereof Further than THIS upon the facts
Your second question seems likewise 10 include the
subject OF criminal in addition to cv prosecutor f0r
acts OF fraud enlightenment under ns dvt Ine onenu
ing parties are Of liable crlmlnaiy unless tue
onense is barred by the statute limiting ordinary Grim
ina prosecutions two years ANY Disturbing or oher
officer VINO has nusapprOpiialeu moiel utiustea 10
HIM, under this act may be lnOcieu tneeioI' WheheF
he is appointed directly by the Government or Is sub
ordinate officer clerk appointed Dy tue Coulmssloner
or apy other officer OF the bureau. such prosecution
must be Dy ndIcmest unless the ofeuder IL liable 10
trial By ttmartla by section D. any htary olnceT
may be detailed and assigned to duty under inns aet
without Increase OF pay or allowance IL Is sufficient In
present ease to say that military office 50 detailed
and assipned 10 duty Still remains within military Jurls-
dction and s liable to military law for any violation OF
his duty as such. more difficult question arises under
section of the Joint resolution OF March 30 1867,
whereby all money held disbursed under the pro.
visions this resolution shall be held and dlsbnrsed
under the same rules aud regulation governing other
disbufsing officers OF the army
IA made IA the act esta bshng the Freedmens Bureau
aud this obscurty probably from the fact Of which
am informed that oil the principal Oincers ol Tue u'
reau were military officers assigned 10 this special duty
do not think that this provision can he considered as
suljecng court martial person not otherwise SUB