The New York herald., 1873-07-10
GENERAL HoWARUS CASE.
Tho Chief Disturbing Officer Rssponsible civilfy
and Criminsily for Misconduet- No Opinion
a. to Subordinstn a. Matters Stand
Military Delinquents Should Be
Tried by Military Law and
Others Criminally

WASHINGTON, July o. 1874
The following is the opinion Of the Attorney
General in the Howard case:-
DEPARTMENT OF JUsrfcE,l
WARRINGTON, July 8, 1874 !
SIR have duly considered your communfca-
tion OF the 31st OF May with the accompanying
documents and papers upon the subject or the
frauds In the late Bureau OF Refugees Freedmen and
Abandoned Lands. The papers which you transmit
larly SO in not including the bonds or copies OF the
bonds Of the Commissioner Of said Bureau and its
chei 9tSce tS ana have been a1le tG
have enough facts before me to enable
me TO ans answer yer the questions which yo1
by the Act OF March g. 1885, the material parts OF
which are follows:-By section it is provided
ment and control OF a Commissioner to be ap-
pointed by the President, by and with the aovice
and consent OF the Senate, whose compensation
shall be $4,000 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
to the Treasurer Of the United States, the former
in the sum of $50,0O0 ana the latter in the sum OF
$4,000, conditional for the faithful discharge Of
their duties respectively, with securities TO be ap
proved by the Attorney General as sufficient,
which bonds shall be nled In the office OF the First
suit for the beneft OF any injured party upon the
breach OF any condition thereof. 0 g-.l .
The third section Of the act creating the Bureau
is then quoted to show the ''duties and responsi-
bihties OF the Commissioner"
The papers which you enclose to me show that
considerable sums OF money have been taken from
the Treasury by officers employed IN the bureau,
by means OF forged receipts and vouchers Or boun-
ties due colored soldiers, and by means of receipts
and vouchers iraudulenty procured from them;
and you ask my opinion upon the auestions-Ftrst,
In cases where the guilty parties cannot be pros
secuted, what should be the course In order to
the protection OF the interests OF the government
and Of claimantsY" Second, when prosecution is
ACTON act should be nads what extent the late
Commissioner of the Bureau OF Refugees. Freed
men and Abandoned Lands and his chief disburs-
ing officer reSpOhsibeY"
Your questions are not quite SO explicit as
could wish, but am not certain whether by the
word prosecution" you refer solely to criminal
proceedings against the offender or to civil and
criminal. For offences OF this kind 1t Is open to
the government to proceed criminally against the
offender and likewise to proceed in civil action
against him and against any person who ls re-
sponsibe for his acts. When 1t is impossible to
ers having abscOnded or the prosecution being
barred by the statute of limitat ons. he may be
sued in a civil action II It be deemed expe'
II, therefore, any disbursing officer or any
other 0f1cer or clerk employed by the Bureau has
obtained In the methods mentioned in your COM
municaton, moneys from the government and 1t
is thought best to sue him personally, the papers
may be sent to the District Attorney Of the dis
erty, for action. There Is no statute barring the
United States in action. The late Commissioner OF
pointment In 1882 because. as he informs you, Mr..
stanton, the Secretary Of War, did not think that
tHc pTOVlslOu III TcSpcCL Vi JULIUS Was lutcAucO w
army army detaed ose fos duty under 0et that aos
After Ate due find It
object OF bonds is not to have the
means Of Furnishing deiaulter, but the protection
object is just as important in the case OF military
officer as OF a civilian. A bond, however, given un
der the act 1865 clearly would not cover the loss
OF money paid to the Commissioner under the Joint
resolution OF 1867 but by the third section Of that
Of that resolution all money paid or disbursed
same rules and regulations governing otner dis
bursting officers OF the army. This required the
Commissioner to give bond in the same manner
that any officer OF the army would do. On the 31st
OF October, 1871, the Commissioner did give bond
In the % o the % 81 w1
agent and disbursing officer OF the Bureau Of
Refugees" &c. and provides that he shall 'hence-
forth, during the holding and remaining IN said
ONCE, carefully discharge the duties thereof and
faithfully eXpend all public money and honorably
account 1or the same and for all public property
which shall or may come into his hands on account
OF the Subsistence and Quartermasters Depart
ment, or Of sucn Bureau, without fraud or delay"
This bond was not given until four years alter the
appointment OF the Commissioner to pay the claims
OF colored soldiers under the joint resolution Of
its date the form would seem to be ior bonds of
ordinary disbursng officers OF the army, and Is
little ambiguous in designating the office and
ense ought to have been made in the
bond TO the joint resolution. There is no provision
requiring any other ofIicer than those already
named to give bonds, but 1t perfectly lawful to
take bond from any subordinate otficer OF the
Bureau employed In the disbursement of money
direct TO the United States and such bond would
have been valid and binding, although not required
by statute. Under the act of 1866 the Commis-
sioner Of the Freedmen's B7rean would not,
think, be liable for funds paid directly to the As
sistant Commissioners and disbursed by the AS
sistant Commissioners. They were not appointed
by him, nor were they his agents, but were gov
given by these onicers the statute would
seem to have intended to relieve the Commis-
sioners from liability Tor their acts within their
several Jurisdictions. But the Joint resolution Of
1867 is very explicit. All money paid under that
act Is paid directly to the Commissioner, and 1t Is
enacted that he shall be responsible for The safe
custody and faithful disbursement OF the funds en-
Assistant Commissioners or about any OF the dis
bursting officers, and, although 1t was probably
necessary and undoubtedly Lawful! Tor the COM
missioner to appoint and employ dtsbursng
officers besides himself nevertheless, he Is re-
sponsible civiy, under the act, for their
even If he took bonds nom them di.
rectly to the government this cannot relieve
him OF such liability The government may enforce
both securities In order TO Indemnity itself for any
loss which, through the default of subordinate offi
GERS, 1t may have suffered. Tins liability must, in
bond given by the Commissioner, but OF course it
could not be IN the least diminished. The Commits
sioner OF the Freedmens Bureau is, therefore,
liable for all losses sustained by the government
through the default OF q subordinate discussing
oicer or other persons emplo led by him in the dis
joint resolution OF 1867 AS to the Chief Disbursing
Onicer, 1t Is almost impossible, from the facts
which are now before me, TO state what
his liability to the government may be.
or course he Is liable, both civiy and criminally,
for his own misconduct. How far he Is liable for
the acts OF subordinates employed under him is
question which 1t is impossible lor me to answer
without copy OF his bond and without more in-
formation Ia respect to hls appointment and
employment than l have been able 10 obtain
from the perusal OF the papers sent to me. II any
other officers give bonds to the government their
sureties are liable for their misconduct or loss oc-
casioned by them. according to the tenor thereof
Further than tins, upon the facts before me- CAN
not answer.
Your second question seems likewise to include
the subject OF criminal, in addition to civil, prose-
cution. For acts OF fraud or embezzlement un-
der this act the offending parties are, OF
course, liable criminaliy, unless the offence Is
barred by the statute limiting ordinary criminal
prosecutions to two years. Any dlsburslng or
other officer who has misapproprated money en-.
trusted to hnn under the act may be indicted
therefor whether he Is appointed directly by the
government or Is subordinate of1Acer or clerk ap
pointed by the Commissioner or any other oiicer
OF the Bureau such prosecution must be by in
dictment, unless the offender s liable to krial by
court martial. by section any military oficer
IN ha Hata laI anHaa aA IN 6pfv nnhar