The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1874-07-15
The Howard IuycstIgnnon.

representatives, and its tluding of Che
facts, which are nearly all favorable tO
General Howard, is set forth nj length
in the order.
The opinion Of the court upon the
facts follows it. The president received
both, together with the revision of
Judge Advocate Genorah Holt, the lat
ter covering over II hundred pages Of
manuscript. The opinion holds:
'First-fhat General Howard has not,
with knowledge Or intent, violated amy
law of congress, regulation Of the
army, or rule Of morals, aud that he Is
not guilty, upon legal, technical or
moral responsibility, OF any of the Of
lenses charged.
Second-rhat he devoted his whole
time and his energies to the work in
trusted to him, aud to the expenditure
of the money. flis accounts have all
been closed and settled to the satislac.
ton Of the accounting officers of the
treasury, whose decisions are, in such
matters, the highest authority, and
final and conclusive upon the eXecu-
tive branch of the government.
Third--While the court does not hold
the investment of current m9neys in
hand justified under the laws, yet
since these We're made only under the
opinion and advice of the second comp
troller, the court attaches no blame
therefor to General Howard, pU1
Fourth-Whilc some questions re-
main to be settled with the former as
sistant aud subOrdnutes OF the COM
missioner, in these and all other mat
tiers brought to its noticeduring thirty
seven days of careful and laboriOus in
vestigatiOn, the court finds that Gener-
al Howard did his whole duty, and be-
lieves that he deserves well OF his c0un-
try.
The court was divided upon the ques-
ton nt issue, four to three, the opinion
being agreed to by Generals sherman,
Meigs, Reynolds and Miles. Those dis
seuting we're Generals Mcdowell, Pope
and Getty.
General Holt concludes all exhaustive
review, in which he differs widely from
the court in many important conclu-
sions, as follows The court finds that
| General Howard has not, with knowl-
edge and intent, violated any law of
congress, regulation of the army OF of
| the rules.
His conduct must, however, be fur
ther Judged by the familiar maxim
that ignorance of law is no excuse, and
that man is presumed TO contemplate
the natural consequences Of bis own
acts. When the commissioner of the
freedmen's bureau was intrusted by
congress with the duty of taking better
care than formerly that pay and houn-
ty should be faithfully paid to the col
ored people to whom it belonged, if he
not only failed to provide efficient pro-
vision for the execution of this, but
adopted one which rejected the safe
guards which had been previously OBJ
served and was wholly inadequate, and
their concealment, such dereiction or
! ignorance OF the law, the pressure of
many duties or ineXperienee aud adj
ministration, though com bined with
good intentions, ARE matters of pallia-
ton, not of Justification.
If with only some excuse General
Howard sanctioned and used system
and method of accounts which failed
to truly show the discharge of trusts
from which they served to acquit him,
some Judgment must be pronounced
| If when General Howard, DESTROYS of
increasing the revenues of his bureau,
concurred in the iden of converting
public money into bonds and did not
report this scheme to his superior oili-
Ger, the secretary of war, but upon
mere verbal advice of one of the ac-
counting officers of the treasury effect
ed such conversion, in violation Of pos
tive law, his ignorance of that law is
no excuse that can be safely recognized
under such Il form Of government AS
ours. III an Investment of public
money for which by law General How
ard was responsible, having been made
by his orders, as above stated, he failed
to require proper account OF the fact
to be rendered, so that his subordinate
constantly, for nearly two years, re-
ported that the money thus invested
was cast into the treasury of the United
States: and, further, if General Howard
failed to cause any report to be made
of the interest on these investments
for long time after the period pre-
scribed by law, so that the fact OF one
investment Of sum SO large as S3OO,-
900 for whole year was not known to
the secretary OF war until nearly three
years after it had been reconverted in
to money, and no account was render
cd of this interest for the same period,
although such an account is admitted
to have been placed in General How
ards hands more than two years be-
fore the same was given to the treasu-
nv. and if, when the account is made,
ii is found to cover a charge to the
amount of $4,000, never before paid
out of other public money, then the
serious question arises whether this
DELAY, contrary to law IN accounting,
Inv which the deficit long conceded for
three wears is. not due to gross, neg
lect of duty on thd part Of the com
missioner, and this question Is not
answered by the mere excuse thnt tile
, conversion of public money VA sane.
toned by the second comptroller, and
that for the management of bis invest
nent and its ppffts there Is q subordi.
nate commissipner, who can be held
, responsible. If General Howard, upon
/. assuming personally the duty OF dis
bursting officer, upon relief thereiron
of his assistant, received from him tht
alleged balanceiof the fund of which
, the com mission was by act of congress
the lawful icustodiadi aud trustee, ant
failed TO take any measures to secure
vouchers for the expenditures of thu
fund OF which it was the remainder
so that there isno complete account ex