, 1873-07-10

and faithfully o1rond alf tho pnhllo monoy,
np s ss for o TanG % and m for s public
account Of tho subsistence mud qunrtcrmnstora do
nsr.monts, such brrean, Without fraud Or delay
appointment Of Tic Commissioner 10 pny io cails Of
colored soldiers under tho joint resolution Of 1857,
form wo scom to 10 for tn o's Of ornary I'd ay
oy in designating tho oco an dulles of tho principal
@ @bond to thu Joint resolution. rhoro ia provision
recurring my otter oiIleer than those arc,'y named
fe rom any " WI ssoPEdso Pdifsi' aS oto1 to :. '9 5
money Slres 70 ho ds unea 'sss"'s"' s;ses' nn1 S
although not required BY a.atnto: Under tho act of
1895 tho Comnllesioner Of tho Frceltncna Bureau
TO tho Assistant Commissioner and dls,,irFcd by tho
Assistant Commissioners. Thoy wore not appointed
oy him nor were they h!s ogcnla, but were GOVERN
these oillcors to statute wouli soe, 10 ayo intondc
TO- ro!ieye hs oom1nlHsoner from liability for helr
resolution Of 1867 Is very explicit. All tho. money
sloneE, r. and It Is enacted tt,at he Bha bo
,ncnt, Of tho funda intrua.cd 10 hitn. Nothing
is said nhout any Of tho Assistant Commissioners, or
p.oIaby ne ana aw o
Officers besides himself noverheless ho il rearonsl1s
ctVy under tho net for their acts, tile II dono
BY hsc!f; and, oven II Lie took tho bonds from thon
directly to the Government this cannot relieve him Of
securities In order to indemnify Itself for any loss
Which, through The default @ of subordinate officers, It
T o Il S @ In %'ss
tho lcast diminished. TIN Conlmiusioner Of tho
sustained BY TIM Government through the default
Of asubordinato daburaing-o or other porsonH,
trusted to him under tue Joint resolution OF 1867.
As to tho chief tsburBing-oll 1t Ia anoat I'M
roesfb;c, from tle facts Which now before me- 10
course he is lable both civy aud crinlinay for hIB
own misconduct How far he s liable for tho acta Of
IT 1s impossible for to arswer without COPY Of
hiH bond, md without moro information in respect
TO bis appointment aud employment than hayo
parcra sent to mo. II any other oiIlcera giye
bonds to The Government their auretas labo for
te the II, Or osa oscas!onea BY them accord.
facts beforo mo- cannot answer.
Your second question seems likowiso to include tho
For acts Of fraud embezzlcment under this nc tho
Offending parties arc Of courso, liable crn'nay ur-
less the osnss ~ barred BY tho statute limiting or-
bursting OF other officer, who has miBappropriated
money entrusted to Him. under the act may be indict
Government, or Is subordinate occr or clerk ap-
pointed BY Commissioner any other officer Of tic
less tic oensr Is ablo 't to ss, ID y BY eosrtmara
BY Section No. g. my military officer may
10 detailed md assigned to duty uudcr this act With
out Increase Of pay or allowance It Ia sufficient IN
tile present case to Bay that military officer, de-
tatlod nnd assigned o uty stil remains within mill
o s aRa ~ ss 10 Law Tor o
. more difficult question arises ander Section Of
tho oint resolution Of h1arch %, 1861 whorely all
resolution, shall be held mud dlsbureed under tho
same rules md regulations governing otter t'bursing
obscure, where 1eferoneo IS made to tho act e.
tablishin8 tho Frce!lncna Bureau, and this
o6seFity probably a5s'es from 1no fac of
officers Of tho bureau military officers assigned
TO this srocal Duty 20 not think this provision can
not oersso sabjeet to ateS jarisciien 70 have
that effect The net onght to be clear and nnmbgnons,
aud t would only bo by most forced and rio!ont con-
other sbursing officers Of tho army be interpreted
to include The liability to trial By martial law re-
Jig dsbursng onicera Womb establish tho egree Of
responsibility aud accountability to which the COM
missioner would DO liable, leaving hls trial by civil or
etatus. This question, however. If tho facts bo
am informed, is Of no 2, practical Importance.
tho Freodnans bureau has besn guilty Of tic misn
preparation Of money, OF Of any violation Of the rules
governing dishursing officers OF the nrny, ho mny DO
trea BY courmartal in tue ZANE manner aa any other
Finally: nesa hardly say .1,at Claim Agents and
have ob.anel money from the Dnrean by means of
forged roceips and vouchers aud other fraus, eau 10
punished crimnHlly II two ycara hnyo not elapsed since
Civil Courts by the United lacs in tile manner
aB employees Of tho Bureau eau bo. As huyo before
taid there is no ataue limiting the ti,no within
which tho Government can begin civil suit. But
suits for penal es apd double damages under the act
Of March 2, 1863 must be begun within nix years
[lath Statute at large pp 699G9sl hayo the honor
to be very respectfully, your ohcdjent servant.
Attorney General.
HON. ". n. BELKNAr, Secretary Of War,
1NDJ4N 4FE4TRH
Commissioner Smith, Of tho Indian Bureau,
will leave hero Hoon for tour in tho West to
visit the Chippewa 1ndiana In Miunesota, for
which tribe ho Was formerly, agent, and. whilo
River. o goeB to Minnesota especially to sottlo
M tho affairs Of his agency and turn them over
to Douglass, his successor. From MinneBota ho
goes to the Indian country for conference With
Gov. Davis i'll relation to 6atanta and Big Tree
in August.
The ProBdont authorizes u personal friond in
this city to eny III toto tho story that Ae has do
sigpB upon third term in Office.
TExAs.
Gov. Davis, OF Texas, had long conference
to-day in reference to political affairs in that
was developed that in tho case Of Satatta and
Big Tree, tho General Government is powerloss
to reloaHe these Indians oxcopt with tho consent
Of The oGyosnor Coy Davis apsshiMg ot
SAA4aAo ~! uAuA1EAu uG{ItuAtluHH VI
Expressed tho opinion that they arc in any case
excessive, and cannot he sustained.
THE CREDIT MoB111En SUIT.
j. Hoibley Ashton, ono Of tho G overnmont
counsel in the Crodit Mobiller srit also had an
inloryiow respecting the status of said slit and
it is understood tho range Of tho convosaation in
Wow Of certain contemplated action by the lead
lug stockloldors. included proposition to place
tho Union Pacific in the hands Of receiver.
l}ofore deciding tho point, however, consultation
will DO held with MeBBrs. Porry i JenoleB, the
other attorneys on the part Of the Government.
MR.. coLFAx AND THE AmEs CHECK.
E1-Vice President Schuyler Colfax has written
q letter reitorating his innocence Of tho 0akos
to have matters cleared up by the noxt Congress-.
Alluding to Mr. John =. Drew, tho Burlington,
vt, attorney, he writes thoy ,sll 10 able to provo
that tho check to u.s. g. or bearcr." waH paid to
0akos Alnes BY tho Borgeant-at-ArmH Of tho
House On tho 22d Of June, 1868, and not to him
self, Colfax.
: 1t Ia not believed that Nlr. Colfa1s porsiatont
RI 1f0ar1 bofa