ACCOUNTS AND ACCOUNTING OFFICERS, (continued.) Page. itor, confer upon him a jurisdiction exclusive of any other department; and where one auditor settles such accounts, his successors are bound by his decisions.. 2005 See also... ...904, 966, 1275, 1298, 1315, 1410, 1520, 1522, 1525, 1559, 2066 ACTs, construction of appropriation... ADAMS, ADELAIDE.. ADAMS & Co.'s EXPRES.. ADAMS & LAPSLEY. ADAMS, ship. ADMINISTRATORS, foreign... ADMINISTRATORS, right to land scrip.. ADMINISTRATORS, power to sell reservations. ADMINISTRATORS, payments to..... See also Judiciary. ADVANCES. 1246 697 1575 1172 492 .414, 572 1492 .1518, 1519 2133 The President of the United States, having the foreign intercourse fund under his direction, may advance to a minister going from the United States to Chili such part of his salary as he shall deem necessary to the proper fulfilment of public engagements in respect to him.. The President being intrusted with the subject of the diplomatic intercourse of the United States with foreign nations, may, in his discretion, advance money to a minister going abroad over and above his outfit.. A consul of the United States for Tunis, with instructions from the Department of State, authorizing him, if he could find a suitable channel through which to negotiate the immediate release of the American prisoners at Algiers, to go as far as three thousand dollars per man, who employed an agent at hire and promise of reward to effect the object; and then drew bills on the State Department for such compensation, and for money paid, &c., in favor of a merchant at Gibraltar-held that the employment of an agent was justified under the power, but that the true meaning of the instructions was lost sight of by the manner of the employment of the agent for a compensation... 652 123 The proceedings throughout commented upon and reprehended; and other transactions blended with them, complicating the affair, render application to Congress necessary. 123 ALIENS-See foreigners. Enlistment of. ALLEGIANCE. 1701 .1026, 1416 The opinion of a British judge directing a plaintiff who had been a British subject, but who had taken the oath of allegiance to the Government of the United States, to be non-suited on the ground that the contract which formed the subject-matter of the suit was unlawful between British subjects, and regarding the plaintiff as such, is founded on the ancient and standing laws of Great Britain, which can be altered only by the legislative power of the Nation..... ALLEN & KITCHEN. ALLOWANCES. ..... 27 2094 Under the act of the 8th of May, 1792, for regulating process, &c., allowances may be made to marshals for supplying any of the necessaries of life to prisoners... 208 The Secretary of War is not required to perform duties in the field. He does not compose any part of the army, and has no service to perform that may not be done at the seat of government. If he leaves the seat of government for the seat of war, by order of the President, for military purposes, he may be paid the expenses of the tour; otherwise not....... 297 Where a Secretary of War, in time of war,goes from the seat of government to perforin a service, the propriety of which had been previously discussed by the President and adopted by him as a measure that would be useful to the public, his claim for payment of the expenses of the journey is well founded. Opinions of 25th Jan., 1821, explained. 321 The Minister to Madrid is not entitled to charge for office rent, although similar charges have been allowed to our ministers in London and Paris, the same not being warranted by law, nor having been the usage of the Government.. Contractor ordered to furnish additional ration of liquor to troops may elect whether to take the contract price or market value at the time..... 778 1275 ALLOWANCES, (continued.) Where collectors, naval officers, and surveyors are required by the Secretary of the Treasury to perform services which are not connected with their official duties, the necessary expenses actually incurred in the performance of those extra duties may be allowed them. By the 25th section of the act of Congress passed 26th August, 1842, no allowance can be made for any commission or inquiry, except military or naval, until special appropriations are made by Congress for the purpose.. The Secretary of War is vested with a discretion which authorizes him to allow to the sub-agent for the Indians west of the Rocky Mountains for such expenditures, not previously authorized, as he might have previously authorized as proper.. Such expenditures are not emoluments of office, but necessary expenditures for the public service... ..... Disbursing officers of the Government, in accepting their offices, assume the risk and trouble of exchanges and transportation of funds, and cannot charge for insurance, but only for the actual expenses of transportation.... If they insure the amount received upon a draft to cover their liability to the Government, it is for their own indemnity, for if it be lost by force, theft, hazard of the elements, or any other cause, they are responsible. The transportation is never at the will of the Government, but always at that of the officer. Antecedent authority to insure cannot charge the department for a loss... ALLY'S PROPERTY CAPTURED...... AMBASSADORS, PUBLIC MINISTERS, AND CONSULS. The arrest of the domestic of a public minister is illegal; all process, therefore, is If, however, the domestic be an inhabitant of the United States, and shall have con- A riot before the house of a foreign consul by a tumultuous assembly, requiring him A consul is not a public minister, nor entitled to the privileges attached to the person of such an officer. As the law now stands, the offence in question cannot be legally prosecuted in the courts of the United States. If, however, the grand jury will present the offence in that court, it will be the duty of the district attorney to reduce the presentment into form, and the point in controversy will thus be put in a train for judicial determination. If a foreign ambassador commit an offence in our country, it belongs to the President, not to an individual citizen, to take notice of it. A foreign minister should correspond with the Secretary of State on matters which A consul is not privileged from legal process by the general law of nations, nor is the Page. 1342 1538 1785 1785 2009 2009 65 10 10 10 18 18 40 42 44 Though a consul be sued for a transaction in which he acted as the commercial agent of his government, the President has no constitutional right to interpose his authority, but must leave the matter to the tribunals of justice... The entry into a minister's garden by the agent of the owner of a slave, and there seizing and carrying away such slave to the owner, is not such a violation of the domicil of the minister as constitutes a punishable offence, under the act of Congress of April 30, 1790... Foreign consuls and vice-consuls are not public ministers within the law of nations, or the acts of Congress, but are amenable to the civil jurisdiction of our courts; and in the case of the Genoese consul (2 Dallas, 297) it was held that they were not privileged from prosecutions for misdemeanors.. 44 86 264 But consuls are bound to appear only in the federal courts; the constitution and laws, contemplating the responsibility of consuls, having provided these tribunals, in exclusion of the State courts, in which they shall answer... 264 AMBASSADORS, ETC., (continued.) ..... Page. 729 Mr. Barrozo Pereira, the Portuguese charge d'affaires, was, on the 30th October, 1829, entitled to the respect and immunities of a public minister, notwithstanding the assumption of regal power in Portugal by Don Miguel, in exclusion of Don Pedro IV. 671. Consular jurisdiction depends on the general law of nations, subsisting treaties between the two Governments affected by it, and the obligatory force and activity of the rule of reciprocity... French consular jurisdiction in an American port depends on the correct interpretation of the treaties subsisting between his most Christian Majesty and the United States, which limit it to the exercise of police over French vessels and jurisdiction in civil matters in all disputes which may there arise; and provide that such police shall be confined to the interior of the vessels, and shall not interfere with the police of our ports where the vessels shall be. They provide also, that, in cases of crimes and breaches of the peace, the offenders shall be amenable to the judges of the country.. 729 The claim of the French envoy, therefore, for the exercise of judicial power by the consul of his Government in the port of Savannah, is not warranted by subsisting treaties, nor by any rule of reciprocity which the Executive has power to permit to be exercised... Foreign consuls in the United States are entitled to no immunities beyond those enjoyed by foreigners coming to this country in a private capacity, except that of being sued and prosecuted exclusively in the Federal courts.... 729 961 961 If any foreign consul shall be guilty of any illegal or improper conduct, he will be Yet it is not incumbent on the Secretary of State to interfere in such cases. The act of See also.. AMELIA ISLAND, commandant of.. AMERICA, Bank of.... AMISTAD. 2138 2138 .20,26 38 1240 The schooner Amistad, a Spanish vessel, having cleared from one Spanish port bound to another, with regular papers and a cargo of merchandize and slaves, and whilst at sea, being subjected to the control of the negroes on board, by their rising upon the whites and killing the captain, his servant, and two of his seamen, and assuming command with a view to carry the vessel to the coast of Africa, but failing in that object through the contrivance of two white Spaniards who run her near to the coast of the United States, where she was taken by a vessel of the United States and sent into New London for examination and such proceedings as the law of nations warranted and required, and being demanded, with the negroes, by the Spanish minister, under the ninth article of the treaty of October 27, 1795, between Spain and the United States-DECIDED that the case is within said ninth article of the said treaty, and that the vessel and cargo be restored to the owners, as far as practicable, entire.. 1289 The President is advised to issue his order to the marshal, in whose custody the vessel and cargo are, to deliver the same to such persons as may be designated by the Spanish minister to receive them... The expenses incurred on account of the negroes taken out of the Amistad cannot be defrayed from the appropriation of the 3d March, 1819, in the act in addition to the acts to prohibit the slave-trade..... The Spanish schooner Amistad having been condemned (not for any breach of the laws of the United States) and sold by order of the district court of the United States for the State of Connecticut and the purchaser having applied for a register-DECIDED, that he is not entitled to a register, but that documents showing the order of the sale, its execution by the proper officer of the United States, and the purchase and title of the present owner, ought to be issued to him... The salvage decreed to the officers and crew of the United States brig Washington, for the capture of the Amistad, should be divided, not among those who were on the books of the brig, but among those who were actually on board of her at the time of the capture... ANDERSON, ALEXANDER.. ANDERSON'S cough drops, (see patents). 1289 1307 1371 1479 1883 552 443 August 8, August 10,. August August 28, .... Page. 1810 1812 1814 4,.1846..Power of the President respecting pension cases.... ..... 1818 August 28,. 8,.......The President's consent to Indian sales, when necessary. ...1819 September 9,.......Commanders of public vessels not required to employ branch pilots.... September 18,... ..Appropriation for the armory at Harper's Ferry.. June men.. 28,.1848..Restoration of certain negroes to the Seminoles.... OPINIONS OF HON. NATHAN CLIFFORD, OF MAINE: November 24,.1846..Enlistments for the regular army... January ...... .Right of the Bank of the Metropolis to payment of a draft.... 1828 .Patents to pre-emptors to be withheld in certain cases.. ..Authority of the President concerning imported slaves. ..Terms and compensation of new Cherokee commissioners.. .Duty of Secretary of State respecting the Documentary His- January 15, 24, .......Claim of the owners of the schooner "Emily Bourne". 1952 1954 July 29, ..Patents to pre-emptors.. 1955 August 5, .Payment of awards of the Cherokee commissioners.. 1959 September 8,. September 20,. . . . .Payment of awards of the Cherokee commissioners. 1969 1970 1974 September 27,.1848..Pensions of disabled officers, seamen, and marines...... October 12,. Page. 1977 Power of the President to mitigate sentences of courts martial.. 1978 1980 November 1,.... .Paymasters may receive pay and pensions. 1983 November 15,. .Transfer of the navy-yard bridge, stock, &c., to the United 1984 Jurisdiction of the Federal Judiciary.. November 21, ...Pensions of sergeants in the marine corps.. November 15,. November 27,. .....Compensation of Major Craig for extra services.. 15,.1849..Payment of arrears of pensions to administrators. ..Claim for removing and subsisting the Miamies.. 17,.......Concerning stocks, the certificates of which are lost or des January 31,.......Act of 1848, and treaty with the Ottoman Porte.. March March March .Pensions to disabled officers, seamen, and marines.. 1,.......Compensation of Executive officers.... OPINIONS OF REVERDY JOHNSON, OF MARYLAND: Appointed March 8, 1849. 21,.1849..Release to be executed by the Creek Indians..... .1985 1988 1989 2133 2134 2135 2136 2138 1990 1990 2139 2140 2140 2141 1993 1994 23,. 1994 23,.. March 27,.. March 27, .Payment of the claim of representatives of Churchill Gibbs... 1995 1997 April 19, April April 20, April 25, ...Authority to appoint architect, &c., of patent office... .Decisions of Heads of Departments binding upon subordinates. 1998 1999 1999 2000 April 28, ..Violation of the Neutrality Act of 1818.. 2001 May 8, .Payment of the claim of Ebenezer Warner. 2003 The marshal of the district of Georgia...... 2004 May 8, May 10,. May 12, May 14, May 18, May 23, May 30, Compensation of the officers of the marine corps. .Rights of claimants under the Arredondo grant. .Claim of the Messrs. Benson against the Navy Department... 2023 ....Pensions of disabled officers, seamen and marines. ........ .Claim of the heirs of Thomas Ewal. 20,.......Outfit of public ministers. 24,.......Liability of prize agents..... September 6,.......Proceeds of sales of public lots in Washington.. Payment of an appropriation for the Creeks...... .Opinions of Attorneys General, and decisions of auditors. 2005 2006 2007 2008 2008 2009 ............ .Right of the National Era" to certain public printing. September 17,.......Marine Corps serving in the war with Mexico entitled to bounty 2042 land... September 26,.. .Shipmasters-when required to deposite registers with consuls. 2047 |