The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29


appropriation Of u precisely like t, be added
in like manner t. contingent fund and to be APP
piled. have interpreted the language OF that act.
toward defrayng the expenses of like class of nves
LEGATIONS which in the language Of the act had already
been ordered and it was contemplated would be con-
Quoted by the Senate. The clause said investiga-
tions and inquiries have already been may
hereafter be directed by the Senate during the period
OF the Forty-ffth Congress l could not help
lnatical; but faults OF style and grammar
do not ytiate statute. and it was my
duty to give effect to tho several words employed, II
could. in like manner as il the structure Of the
clause had been fautless. The circumstance that
words were used unskilfilly ungrammatically
could not authorize to substitute other words in
their place If sensible construction could be given
to them.
1t was now suggested that the clause above quoted
ought not to receive the construction given to it, be-
it is said that the investigation Of alleged
frauds in the Presidential election had been directed
10y the Senate during the Forty fifth Congress The
suggestion when made appeared to me to
4 7 6n5 mnon examination ~ the journal
IF the Senate that should entertain grave
doubt whether at the time to which the act would
apply an investigation had not been directed which
might be deemed investigation and inquiry into
that class OF alleged frauds. On examination and
Election, however my opinion is that in constituting
the section in question have the right
cordlng to the rules governing the Interpretation VI
statutes to refer in this instance TO the journal OF the
Senate to ascertain il such investigation had been
directed.
The House of Representatives. the concurrence OF
which was necessary to pass the BILL and the ~
idcnt, whose approval necessary to give it c1'
cannot be supposed to DO informed to
charged with knowledge Of the particular investga-
Senate. They must be regarded, think, as having
interprete w, the IN. meaning of the bill BY its
the clause appropriating moneys to further
investigation OF committee OF the House into alleged
frauds IN the Presidential election, and read the
ond section appropriating like sum OF money to be
credited to like fund toward defraying the ex-
penses Of such Investigations and inquiries as have
Senate, &c., did they understand that the investiga
tions to be miscellaneous in their character
limited to supposed frauds in the Presidential
election? 1t seems to that the words
employed impaired that the appropriation in the
second section OF the act to be applied to the
class OF Investigations mentioned in the first
confess to you frankly, however that while such
Is opinion the is not entirely clear of doubt
used under the direction Of the Attorney General to
defray any expenses that may be incurred by the De-
partmcnt OF Justice for the detection of any crime
committed against the United states i'll the AFFAIRS or
in the course Of the Investigations mentioned in
the act. II in the course OF the investigations
contemplated by your committee it shall be brought
to light that crimes have been pcrpetrated against the
United States, it will be incumbent upon him to
strue this law by deciding whether he apply the
appropriation made by the third section toward the
expense of prosecuting these crimes they not being
1t is fit that the decision OF this Office and of his
should be harmonious. He is at the head
OF the Department OF Justice, and it is made
in cases OF doubt, to the several departments. He
has had large Judicial experience 1t IL not so i'm
pOrtant that the construction OF this act shall be set
lied in any particular that shall be settled
speedily. II his opinion shall be adverse to mine
snail. tor the sake of harmonious construction
yield without reluctance to his Interpretation Of the
statute. Very respectfully
A. G. PORTER First Comptroller.
THE DEPARTMENT OF JUSTICE DECIDES THAT
THE TWENTY THOUSAND DOLLARS May BE
USED BY THE TELLER COMMITTEE.
Acting Attorney General Phillips transmitted to the
Secretary of the Treasury the following opinion upon
tho question submitted him this afternoon by First
Comptroller Porter in regard to using the $2U.0O0:
DEPARTMENT JUSTICE,
WASHINGTON, Dec. ~, 1878.
The SECRETARY OF THE TREAsURY:-
SIR submit for your consideration the following
reply to yours dated this day, in reference to the
meaning Of the second section OF the act approved
June 49, 1875 entitled, IAN act to provide for the
penses Of the select committee alleged frauds in
the late Presidential election. The act in question
consists of three sections. by the nrst of
these $4,000 added to the contingent
fund OF the House of Representatives and
appropriated to defray the expenses OF the
resolution specified therein and directed to investi
gate alleged frauds in the late Presidential election
contingent fund OF tho S<tate and appropriated tor
'defraying the expenses of said Investigations and
be directed by the Senate during tho period
Of the Forthwith Congress-, and by the third
$1,000 are appropriated to be used under the
'for the detection and punishment of crimes COM
mtted against the United States in the affairs in
the course of the Investigations mentioned in this
act" The question put by you is whether the Gin
vestgations and Inquiries spoken OF in the second
section OF the same class mentioned III the first
Section &c, investigation Of alleged frauds in the
late Presidential election. or are unlimited except
directed by the Senate heretofore hereafter during
the Forty-fifth Congress.
In my opinion the appropriation is intended for
any investigation or inquiry whatever directed by
the Senate ~ above. The expression quoted above
"said Investigations and inquiries as have already
been may hereafter be directed by the Senate
is evidently solecism. The most natural method
of getting rid of the blunder Is by reading "said'
The phrase. "said Investigations. taken per
means. of course, the very Investigations by
special committee ordered BY the House II viii
readily he admitted that this not the true meaning
Of the section because among other that n
vcstigaton had already been provided for 1t is sng
gested, then that said is intended tn refer to tho
class frauds mentioned in the former section and
thus connc the appropriation to investigation of
frauds in the late Presidential election.
There is nothing to favor this Interpretation
excepting the necessity of accounting Tor the
existence of the word said" that
doubt Is necessity of the but the solution Of
fered does remove the solecism which, rs have
suggested arrests the attention OF the reader
t the ,,. me TIME t not nor psoo
submitted true, which does remove such
solccism. That the expression Investigations
points 20 a ready solution OF the difficulty; mean
that which have adopted and now submit for your
consideration. Very respectfully,
s. L. PHILLIPS. Acting Attorney General.
The above decision will enable the committee to
use the $4,000 heretofore appropriated. notwith-
standing the doubts Of the First Comptroller of the
Treasury.
MEXICO AND THE UNITED sTATEs-A FIRM
COMMUNICATION FROM THE STATE DEPART
MENT AT WASHINGTON.
A large part Of the diplomatic correspondence ac-
compsnying the Presidents annual message. and
which is now being printed. is the subject Of
Mexican affairs The following letter addressed to
Minister Foster gives the present position of tho
United States toward Mcxico:--
DEPARTMENT OF STATE.
WAsHINGToN, August Is. 1873.
SR-The administration of President Daz came
into power the 18th November, 1876. Its rccogn-
ton as the established government Of Mexico was
delayed, you aware, for the reason among
Others that doubt existed whether II possessed
the ability and the disposition to check the raids and
dcprcdations upon American property in the vicinity
of the Rio Grandc. While YOU were assured. aud so
advised the department. that the new government
heartily desired the maintenance of peace and the
preservation of and would exert its powers for