APPOINTMENTS, ETC., (continued.) Page. An officer in default cannot save himself from dismissal by rendering quarterly accounts. He is required not only to account, but to pay; and a default in either subjects him to dismissal. 2146 2146 The decision of the President, in such cases, is final. APPROPRIATIONS. The Secretary of War may pay to a beneficiary, under an act of Congress, the amount directed to be paid to a pensioner from the general appropriation for revolutionary pensions for the current year; although the amount was not contained in the estimate on which the general appropriation was made.... Where an appropriation act for the expenses of preventing and suppressing Indian hostilities expressed a sum for the aggregate less than the aggregate, in fact, of the several items therein enumerated-DECIDED, that the amount equal to all the items was appropriated, and that an erroneous addition of said items produced no effect upon the law. The President does not possess the power to order any portion of a specific appropriation for the mileage and pay of members of the House of Representatives to be transferred to the contingent fund of that body... The President has power, under the act of 2d July, 1836, to direct appropriations for one fortification to be transferred to another; the provision therefor being construed to be perpetual..... Since the passage of the act of 1842, the President has no power to direct transfers in the Navy Department, of moneys appropriated to one particular branch, to the account of another branch of expenditure..... The limitation imposed by the last clause of the "act to authorize the President of the United States to direct transfers of appropriations for the naval service, under certain circumstances," does not fetter the authority to transfer from any general head of appropriation left unaffected by the previous clause.... It applies only to appropriations for specific and local objects, from which the act inhibits any diversion.. The President may, if he deems it conducive to the public interest, direct transfers of appropriations from the branch of expenditure of incidental expenses of the Quartermaster's department to the other branches of barracks, quarters, &c., and of transportation of officers' baggage... 705 1246 1261 1541 1645 1675 1675 1711 Congress having taken from the executive departments the power to transfer appropriations from one head of expenditure to another, the Secretary of the Navy cannot apply any portion of the money appropriated by the act of 17th June, 1844, for books, maps, charts, and instruments, and for binding and repairing the same for the hydrographical office, to the building of a house for the superintendent... 1754 The appropriation for repairs, improvements, and new machinery at Harper's Ferry armory, passed September 8, 1846, cannot, nor can any portion of it, be applied to the purchase of the lands described in the estimate made at the Ordnance Office....... 1822 Although a portion of the appropriation was asked for with a view to the purchase of lands, Congress saw fit to specify the purpose for which it granted it, among which the purchase of lands is not included. 1822 The President is not authorized to direct a surplus of an appropriation for the Winnebago Indians to be transferred to meet expenses in the Department of the Interior, for which the appropriation is inadequate, or for which none has been made. 2000 Nor can the head of the department find sufficient authority in the act of 26th August, 1842, to authorize him to make such a transfer. The power given by that act is limited to transfers within the same bureau, and to appropriations for such objects as are enumerated in its 22d section... The head of a department is authorized, by the 23d section of the act of 26th August, The 23d section of the said act is not a temporary, but a permanent enactment, and The 3d section of the act of the 26th August, 1842, authorizes the transfer and appli 2000 2000 2112 2112 2112 2113 APPROPRIATIONS, (continued.) cation of the surplus of appropriations, standing to the credit of the War Department, and not transferred by the Secretary of the Treasury to the general account of moneys not appropriated, to supply the deficiency of the appropriation for preventing and suppressing Indian hostilities... Page. 2118 And such transfer will not conflict with the 1st article, eighth section, and twelfth paragraph of the Constitution of the United States, nor with the 16th section of the act of 3d March, 1795... 2118 When inferior officers or soldiers who think themselves wronged complain to the As it rests in the discretion of the President in what cases he will exercise his military Although the subordination of the military to the civil authorities of the country, is an 102 487 487 487 487 498 907 The Adjutant General of the army, under the act of the 2d March, 1821, may hold at the same time the office of adjutant general with the rank of colonel of cavalry, and that of major of the 2d regiment of artillery.. 907 With certain qualifications indicated in this opinion, it is the duty of officers of the Quertermaster's Department to make disbursements on account of the militia when called into the service of the United States.. The laws of the United States do not prohibit persons enlisted in the military service of the United States from bringing actions to recover damages in State courts, for assaults and batteries committed on them by non-commissioned officers within the limits of the fort. Until the passage of an act by Congress authorizing the enlistment of aliens into the military service of the United States, such enlistments must be regarded as invalid... Whether the State courts have jurisdiction in any case involving the validity of an enlistment discussed; and a reference to the Federal tribunals recommended in all such matters, with a view to the avoiding of unpleasant and dangerous conflicts of doctrine and jurisdiction. ...... 952 1299 1416 1416 By the laws regulating contracts for service in the regular army, all enlistments are 1825 1825 See also APPOINTMENTS. ARMY, colored troops part of. ARMY. See transfers of officers. ARMY, PAY, &c. 393 The act of 24th April, 1816, authorizing certain charges for forage, for horses, servants, ARMY, PAY, (continued.) &c., for certain officers, is prospective in its operation, and refers only to the act of 3d March, 1813, for a standard to govern the subject in future... The Surgeon General is entitled to an allowance for fuel and quarters, the same as other officers of the army.. A judge advocate is entitled to compensation for extra expenses in travelling and sitting as judge advocate, and to special compensation for clerical services under the 21st and 22d sections of the act of 16th March, 1802...... The term "major" contained in the provision of the act of 24th April, 1806, regula- The per diem allowance made to officers for travelling expenses, by the act of 16th Both the surgeon general and paymaster general are entitled, and equally entitled, to allowances for fuel and quarters.. Graduates of the military academy employed in the office of the assistant adjutant gene- .... The commissions given to the district paymasters of the army of the United States employed in making payments to the militia ordered into the service of the United States during the preceding year are to be calculated only upon the sums respectively paid by them in the performance of their duty. They are not to be calculated upon moneys received and paid over to other public officers, also acting as paymasters and agents of the Government.... Page 304 309 404 460 463 620 624 626 626 689 850 892 903 The pay of military officers may properly commence from the date of their acceptance, The extra compensation and allowances given by the regulations in force at the time of 948 1021 1021 1021 If the allowances made by the Secretary of War prior to the 3d of March, 1835, to officers of the army, from the appropriation for army contingencies, were really for contingencies, they were authorized by law..... A captain stricken from the rolls of the army, and afterwards reinstated by and with the advice of the Senate, cannot claim pay after reinstatement only from the date of his acceptance of the new commission... The word "compensation" occurring in the act of July 4, 1836, is synonymous with "pay" or "salary" and does not include rations. The act, therefore does not include the double rations heretofore allowed by the regulations.... 1021 1035 The proviso of the act of the 3d of March, 1835, inhibiting the payment of per centage to officers of the army for any service or duty,'unless authorized by law, is a permanent provision and cannot be avoided, except by an express enactment: wherefore, a commission cannot now be allowed to Paymaster Kirby, on moneys paid out by him, to the militia and volunteers serving in Florida....... 1067 1068 ARMY, PAY, ETC., (continued.) Page. The acting quartermaster general is entitled to receive the pay and emoluments of quartermaster general during the period of his service in that capacity, where the office is really or effectually vacant..... The proviso of the 5th section of the act of the 4th of July, 1836, to authorize the appointment of additional paymasters, and for other purposes, commented on and explained.... A captain, entitled to keep three horses only, can only draw forage in kind, or claim an equivalent in money, for that number; and if he draw for horses belonging to the United States, it must be deducted from that number.... An assistant surgeon appointed Surgeon General ad interim, and discharging at the same time the duties of both offices, is entitled to the pay of both, unless the functions of the former were merged in the latter or suspended by the performance of such other duties as to make it legally improper or actually impossible for him to execute the functions of assistant. A lieutenant having written a letter to the Secretary of War, which, though not intended as such, was considered a resignation by that department, and the writer accordingly dropped from the rolls, but afterwards restored by the President to his station and rank, is entitled to be paid as lieutenant during the time he was kept out of the service.. Under no circumstances can a subaltern claim the additional ration given by the act of 1827, whether as commanding officer or otherwise, whilst receiving compensation for the performance of staff duties.... Paymasters, surgeons, and assistant surgeons are entitled, under the act of 2d March, 1845, to forage for one horse each only, as they are not general field officers, nor officers of dragoons, but are within the denomination of "other officers entitled to forage," specified in the said act.. The act of 19th May, 1836, for raising a regiment of mounted riflemen, treated 'the regiment thereby created as a body of mounted men, and gave them the pay and emoluments of dragoons.. Those non-commissioned officers, musicians, and privates only are entitled to the three months' extra pay guarantied in the 29th section of the act of 1838, who, having been enlisted for the term of five years in the regular army, shall have re-enlisted in their companies or regiments within two months before, or one month after, the expiration of their respective terms of service... 1139 1139 1192 1208 1396 1671 1745 1823 1826 The extra pay was offered as a reward—not for re-enlisting for any period of time less 1826 The professors of the Military Academy, and the commandant of the corps of cadets at West Point, are entitled to forage, or money in lieu thereof, for only one horse each in time of peace, and that is required to be owned by them respectively, and actually kept in service... 1826 1951 As they are neither field officers nor officers of the regiment of dragoons, they fall within the third class specified in the proviso to the act of 3d March, 1845, which is a permanent law, and are restricted by its provisions... 1951. The act of 3d March, 1847, regulating the pay of lieutenants holding the appointment of adjutant or regimental quartermaster, &c., is to be regarded as prospective in its operation..... 2140 It does not unsettle accounts for antecedent service. 2140 The relatives of a deceased officer or soldier are not entitled, under the act of 19th July, 1848, to receive three months' extra pay on account of services of the ancestor, unless the ancestor was thus entitled at his demise.. 2051 Such claims are predicated on the idea that they are his statutory representatives, and as such they can only take that which the decedent himself could have taken had he survived. 2051 And as those who did not engage for the war, for five years, or for any other specific period, and who were never honorably discharged, were not themselves entitled, their representatives have no valid claim... ARREST, a judicial not an executive proceeding. pay of Marines in.. Page. 146 741 ARTICLES OF WAR. 102, 149, 189, 191, 213, 249, 305, 487, 685, 694, 706, 713, 832, 1467 ARTIGAS, (see Piracy). ASHTON, COL.. 159 806 470 518 A receipt, acknowledging that money had been received in part payment for a Virginia military warrant, but importing on its face that more was due, is not sufficient evidence of assignment; it is only evidence of an incomplete contract.. Payments directed by Congress to be made to M. and T. should be made by the Secretary of the Treasury to them or their constituted attorney, notwithstanding the interposition of claims by third persons grounded on assignments, insolvent or other proceedings, anterior to the passage of the act directing the payment...... 1322 Accounting officers cannot, in the innumerable cases in which Congress directs specific sums to be paid to individuals, examine and settle previously existing claims and credits against such individuals.. ..... ... Where a claimant executed a power of attorney to another, authorizing him to prosecute a claim before Congress, and to appoint a third person to assist him, and therein assigned to each of them one-fourth of what might be recovered, and authorized them to receive the same; and the claim being subsequently allowed by Congress, and demand of payment of one-half thereof, pursuant to said assignment, being made at the treasury by the two attorneys, objected to by the administrators of the claimant, and refused on account of non-compliance with the act of 29th July, 1846-DECIDED, that the said act clearly prohibits payment to the attorneys, except they produce a warrant of attorney executed subsequent to the passage of the act allowing the claim, reciting the amount, properly executed, attested and acknowledged.. ...... 1322 1997 As the act of 29th July, 1846, was passed prior to the execution of the power of attorney and assignment produced, this construction impairs no previous contract obligations, nor infringes any vested right. The sum granted to Clarke by the act of 3d March, 1849, (he having deceased,) can be paid only to his administrators.. ... 1997 1997 A valid transfer of certificates of coupon stock issued under 2d section of the act of March 31, 1848, may be made by an endorsement in blank-the object of that part of the section referring to coupons being to enable the certificates to pass by delivery Although the purpose would have been, perhaps, better effected had they been, on their face, payable to the bearer, the omission does not place them under the provisions of the 1st section, allowing transfers only on the books of the treasury. 2007 ASSIGNMENTS, see also.. .540, 661, 734, 1248, 1322, 1532, 1828, 2030 ASTOR, J. J. The Treasurer of the United States is not subject to execution against his person, goods, nor chattels ; nor to any other process, as against a garnishee, under the laws of Maryland; where such process shall have issued, the district attorney may be instructed to move to dismiss it.... on loans... 109 395 594 In the States where the garnishment or trustee process is in general use, it may be resorted to to compel the appearance of officers of the army and other agents before the civil tribunals, to account for money due from them where they have become personally liable, and where they hold funds for the particular purpose.. 918 Where an assistant quartermaster gave a draft on another assistant quartermaster to A, who sold it to B, who surrendered it for an authority to draw on the maker for the amount, and afterwards drawing therefor by making a bill and selling it to C, who caused it to be presented to the drawer of the first draft, who had been served with papers at the suit of A, as garnishee-DECIDED, that the drawee should disregard A's process, and that he pay the draft which he had authorized to be drawn upon him... 1370 The executive should not consent to place the government of the United States, which is not liable, without its special consent, to be questioned in its own courts, to be made compulsorily accountable, as stakeholder or garnishee, to its debtors, their assignees, or creditors-at least without a judicial decision to that effect of the highest tribunal known to the laws... Payment of the mariners in Norfolk, by the purser of the United Sates ship Constitution, should be made, notwithstanding the attachment issued for their wages.. 1447 ... 1447 |