New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-10
THE FREEDMENS BUREAU SCANDAL.

When the affairs of the late Freedmen's
Bureau were turned into the War Department
for final settlement, something unsavOry was
found. There had been rumors, more or less
vague, of deficiencies in accounts, and missing
balances; but an investigation showed that the
thieving had been on large scale. Payments
had been made upon fictitious papers, and
fraudulent vouchers and receipts had been
taken. Treasury certificates, sent to the
Bureau for payment were charged as paid
by the disbursing officer of the Bureau; but
the claimants had not received their money;
the discussing officer, of course, had mean
while been credited with the amounts
of these certificates Much of the
financial business of the Bureau concerned
the payment of bOunties to colOred soldiers,
for which Congress made due appropriation;
but, when the confused accounts of the
Bureau were balanced it was found that the
unpaid claims amounted to $7j0,0O0-a tidy
sum for single Bureau to run through I'M
checked.
The Secretary of War was unwilling to be-
Iieye that Gen. Howard, Commissioner of the
Freedmen's Bureau, could be guilty of any
dishonest conduct or be held responsible for
the criminal neglect which had characterized
the management of the financial affairs of
that institution. Accordingly, he sub
mitted the whole case to the Attorney General,
with request to give an opinion as to the
proper legal steps to protect the interests of
the Government and secure the amounts due
the defrauded claimants. The Secretary also
wanted to know what criminal or civil
process should be instituted against
the delinquent Officers-if any such could
be discovered The opinion of the
Attorney General printed in full in THE
TRIBUNE, is model document of its kind.
It is a maze of very fine meshes of the law !;
and one is certain that it can hardly catch q
single delinquent. In the first place, Gen.
Howard gave no bonds on his appointment as
Commissioner in 1869, though the law provided
that he should. The explanation of this seeming
neglect as given by Gen. Howard, is that
Secretary Stanton thought no bonds were
necessary. The Attorney General, however,
shows that much of the money paid out
during Gen. Towards administration was dis
bursed under the act of 1867; bonds
given under the act of 1865. under
which Gen. Howard was appointed, would
not avail for responsibilities incurred under
subsequent law. A bond was given, how
ever, by the Commissioner, in 1871; but the
frauds had been previously committed this
bond was only in $4,000; and it could not
be made to apply to losses already sustained.
How about the responsibility of the Com
missioner's assistantsf Under the act
of 1866 creating the Bureau, the Com
missioner could hot be held responsible for
acts of his assistants; they were not appointed
by him. Under the act of 1867, the Commits
sioner is made responsible for the disburse-
ment of funds intrusted to him, but nothing
is said about his assistants; therefore the
Commissioner is civllly liable for the doings
of his subordinates. AS to the chief discussing
officer (Gen. Balloch), he is responsible
civilly and criminaLy, for his own personal
misconduct.
There is great obscurity, it would appear,
hanging over the question, of the criminal re-
sponsibility of persons who have been guilty
of the frauds discovered in the Bureau. Mill
tary officers detailed for duty in the Freed
mems Bureau, may be tried by mill
tary court; and civilians are liable to
criminal prosecution, provided two years
have not elapsed since their offense.
We have said enough to show how difficult it
win be for the Government to catch and pun
ish the rascals who have stolen nearly three
quarters of million from the public funds.
Gen. Howard is to some extent response
BILE; but he did not steal the money
and even so far as he is liable on his bond,
that VIII dc small satisfaction of the large sum
stolen. Indeed, so far as we can see, the only
considerable security which the Government
ever had for the safe and honest disbursement
of the vast amounts passing through the Freed
mems Bureau was bond in $4,000. executed
by Gen. Howard four years after the thefts
began in his Office. The money is gone utterly;