Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-10
WASHINGTON.
Tie DefalcatiOn in the Freedmen's
Bureau, III FIUsgl-
The Decision of the Attorney General.

Howard, case:
Department OF Justice, Washington
July 3.-SIR: have duly consi Tered your
communication of the 3Ist HAY, with &C.
c0mpanyiDg documents and papers, upon
the subject of frauds in the late Bureau OF
Refugees, freedman and Abandoned
Lands. The papers whish you transmit
me are in many respects incomplete, and
particularly so in not including the bonds,
or copies of the bonds, of the Commissioned
Of said Bureau and its chief discussing eff
GERS, and l have been able TO obtain but
one Of them. think, however, that L have
enough facts before me to enable me to
answer the question which you PROPOSED.
The Freedmen's Bureau was established
by act of March 8, 1866, the material parts
Of which are as follows:
BY section one it is provided that said
bureau shall be under the management and
control of a commissioner 10 be appointed
by the President by and with the advice and
consent of The Senate, whose compensa
ton shall be $1,000 per annun, and such
number Of clerks as may be assigned to
! him by the Secretary Of War, and the
I commissioner and chief clerk shall, before
entering upon their duties, give bonds to the
! Treasurer Of The United States, the forme-
in the sum Of $4,000, the latter $1,000,
conditional for the faithful discharge of
Their duties respectively, with securi.i les TO
be approved by The Attorney General as
sufficient, which bonds shall be fled in the
| Office Of the FRS Comptroller Of The Treas.
ury, to be by him put in suit for the benefit
of any injured party upon breach Of any
| condition thereof. The third section of the
act creating the bureau is then quoted TO
show the duties snd responsibilities 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 bu-
reau by means Of forged receipts aGd
vouchers for bounties due colored soldiers,
and by means Of receipts and vouchers
frsuduleuty procured from them, and you
ask my pinion upon certain questions
! FIRST, il cases where the guilty parties
| cannot be prosecuted, what should be the
course in order to the protection of the in
| terests of the government and Of claimants.
Second, when prosecutions not barred
| by statute of limitations, what action should
! be bad? to what extent is the late commits
| siOneTs Of the bureau of Refugees, Freedmen
and Abandoned Lands and bis chief disbur-
sing officer responsible?
! Your questions are not quite SO exlicit as
| could wish, and l am Dot certain whelh-
er by the word p osecution you refer SOLE
| IL to criminal proceedings against the often
! der, or to civil and criminal For offences Of
| this kind it is open to the government TO
proceed crimina ly against the offender,
and likewise to proceed in civil action
against him aud against any person who is
responsible for his acts where
it is impossible 20 proceed
crimiDa.ly either by reason Of the
offenders having absconded, or prosecution
being barred by statute of limitations, he
may be sued in civil action, if it be deemed
expedient, or if property of his eau be at
| tached. II, therefore, any disbursiDg
| officer, or any other officer or clerk employ
ed by the Bureau, has obtained ia the
method mentioned in your communication,
moneys from the Cover met, and it is
thought best to sue hin personally, papers
may be sent to the DistriCs Attorney Of the
district in which lie resides, or where he
| has property, ior action. There is no
statute barring the United States in civil
actions. The late Commissioner of the
Freedmen's Bureau gave no bonds on his
appointment in 1869, because, as he informs
| NOU MI N9aAl -sls -CNl VI W 0lO LOI
| think that provision III respect to bonds was
intended to apply to the case of an officer of
! fhe army detailed for duty Under that
act. After due consideration l
find it impossible to concur
in that opinion. The object Of bonds is not
20 have means Of Furnishing the defaultCr,
but for the protection Of the Government
from pecuni ~ loss, and this object is just
as important in the c3se Of military OIL
Ger as of civilian. 4 bond, however, gi7en
under the act Of 1865 clearly would not
| cover the loss Of money paid to Commissioner
under the joint resolution Of 1861, but by the
third section Of that resolution, all money
paid or disbursed under the same rules and
regu' atiOa governing other disbursing off,
GERS Of The army. This required the Com
missioner to give bond 10 the same man
| ner that any officer of the army would Go.
On the 3lst Of OcyObsr, 1871, the Commits
| siOner did give a hO1d in the sum OF ten
Thousand dollars, the condition Of which
| resiled that he had been appointed as spa-
cial agent and Disturbing officer of tle
Bureau Of Refugees, etc, and provides that
he shall hancefUrth, during his holding and
| remaining IL said CiiCe, carefully discha sc
the duties thereof ana faithfully expeud
all public mercy and h0narably account for
the same and Tor all public property which
shall or may come into his hands on &C.
count of the subsistence and quartermss.el's
department OF such bureau, wIth0u.
fraud or delay. This boni was not given
until four years after the appointment Of
the commissioners 10 pay claims OF coIoTed
sol .ieTs under the 9int resolution ct 1861,
and Of course covers no default previous to
It's date. The form would seem to be fol
bonds of ordinary disbarsiug officers of the
army, and is q little aDUicui0us in desig-
mating the cfica and duties Of the principal
obligator. Reference ought to haze 5oeen
made III the bond TO the joint resolution
there is no provision SO
quiriDg any other officers than those al
ready named TO give bonds, but it was per-
fectly Lawful. 10 take bond from any sub
ordinate officer of the Bureau employed
in tha disbursement Of money direct to the
United States, a&l such bon would hN- =.
been valid ana bjatins. a!th"',o NOT ~ re |.
| CURED by ststGtH- Under t7o az. oct % .
IS''' ---' commissions, Of the Freadmsn's
l,meI2 would not, [ think, be liable fol
fumes paid directly to the Assistant Com
missioner and disbursed by assistant com
J
Eor were thsy his agents, but were GOV
eminent officers, and by requiring bonds tt
be given by these officers The stat
ute would seem to have in
tended to relieve he Commissioner
from liability for their acts within
their several jurisdictions. Bat the join
resolution Of 1867 is very explicit. Al
money paid under that acc is paid directly
to the Commissioner, and it is intended
that he shall be responsible for the safe
custody and faithful disbursement Of funds
intrusted TO him. Nothing is said about
any Of the Assistant Commissioners, OF
about any of the disbusing officers, and 81
though il was probably necessary, and IN
dOubledly lawful, for the Commissioner to
appoint auc employ discussing officers be-
side himself, nevertheless he is responsible,
Civiliy, under the act for their acts the same
as + done by himself and even if he took
bonds from them directly to the Govern.
ment, this canlot relieve him of such liza.
bill :. The Government may enforce both
securities in order TO indemnify itself for