COURTS-MARTIAL, (continued.) Page. The authority of the President to mitigate the sentences of courts-martial, in cases where he deems the punishment unnecessarily severe, does not extend to the substitution of another and a milder punishment for that decreed by the court.......... 1764 He cannot suspend the pay of an officer under sentence of a court-martial, whose pay was not suspended by the court... Ꮧ. The mitigation must be of the punishment adjudged, by reducing and modifying its Hence an assistant surgeon of the navy, who was dismissed by a court-martial for 1764 1764 1978 ... 1978 As dismission deprived the officer of his pay forever, the suspension of office and his pay for one year only is an inferior and a milder degree of the punishment decreed by the court..... .... 1978 The opinions of former Attorneys General are not at variance with this advice.. 1978 See also.... ..102, 110 COURTS OF RECORD. A court of record, within the contemplation of the acts of Congress, is a court expressly made so by the law of the State which creates it; which has been solemnly adjudged by the tribunals of the several States to be so; which proceeds according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of its proceedings, and which has the power of fine and imprisonment.. Cox, LIEUTENANT J. R.. COXE, MRS.. 230 .1091, 1614 824 1144 1989 2111 2008 CREEK RESERVATIONS. (See Reservation.) CREEK ORPHAN FUND. The moneys received from the sale of reservations located for Creek orphans, under the treaty with the Creeks of March 24, 1832, were properly brought into the treasury, and may be drawn out for investment or payment whenever the President shall direct..... CREEKS, PAYMENT TO UNDER ACT OF 1848. ... 1124 It is not the duty of the Executive to pay over the moneys appropriated in the 3d The unauthenticated instructions presented by the Creek delegation who demand the 1980 1980 1980 The form of release of the claim of the Creek Indians upon the government, which has been submitted to the Commissioner of Indian Affairs, answers the requirements of the 3d section of the act of 12th of August, 1848, if it satisfactorily appear that the chiefs and headmen who have executed it are in fact the chiefs and headmen of the Creeks, and constitute a majority of their national council... 1993 The power of attorney authorizing Joseph Bryan to receive certain moneys from the United States for professional services rendered in prosecuting the claim of the Creeks, is sufficient for its purpose if it appear that it was executed by those chiefs and headmen who had authority to execute such an instrument.. The moneys appropriated in execution of the treaty of 24th January, 1826, with the Creeks, may be paid to the chiefs and headme of that nation, upon their executing a release in full for all claims for principal and interest on account of the emigration of thirteen hundred Indians, &c. Had Congress intended to exact a release from individual Indians, they would have doubtless expressed that intention in the law...... The treaty is answered by a payment to the chiefs. CREEK TREATY OF 1821. Page. The whole matter in controversy having been, by articles of agreement, annexed to the treaty of the Indian Spring, referred to the President of the United States, to be by him decided, adjusted, liquidated, and settled, in such manner and under such rules and regulations as he should prescribe, and President Monroe having taken upon himself the responsibility of causing proof to be taken and of making an award in the premises, the said award must be regarded as final and conclusive therein; and that the power of the President over the subject is functus officio..... 553 The source of these claims of the people of Georgia was wrongs done by the Creek nation to them prior to 1802, consisting partly in the destruction of their property and partly in the seizure, carrying away, and detention of other property, such as negroes, horses, &c.; but by the several treaties, agreements, and the award of the President, they have been disposed of.. The people of the State of Georgia had no claim on the Creek nation for property destroyed prior to the date of the treaty of Colerain; but they had for property destroyed between the date of that treaty and the 30th March, 1802, so far as the same was not satisfied under the provisions of the act of Congress of the 19th May, 1796, to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontiers, and the act of March 3, 1799, under the same title, subject to any set-off for claims of the same description within the same period which the Creek nation might be able to establish on their part, and which were not satisfied under the provisions of the said acts...... 553 553 And they were entitled to claim for the issue of all the females whose mothers ought to have been delivered up..... 553 It is the opinion of the Attorney General that interest on the sums which were certified by the commissioners ought not to be allowed.. Payment of the claims of the citizens of Georgia under the Creek treaty of 1821, and the law concerning them passed June 30, 1834, may be made by the President to the State of Georgia for the use of claimants... The President may lawfully authorize the proper officers of the government of Georgia to settle and adjust these claims, and may impose any limitation or restriction he may judge reasonable on the receipt of claims, so as to bar any which may not have been presented either to the proper authorities of that State, or to the persons appointed by the United States to make the investigations. CREEK TREATY of 1804... of 1826.. CREOLE. ... 553 938 983 .1119, 1226 2006 of 1832.. 860, 941, 992, 1124, 1242, 1248, 1249, 1338, 1352, 1357, 1364, 1398, 1518, 1519, 1525, 1794, 1875 A ship entering the port of a friendly nation, with slaves on board, is not by the law of nations, responsible to the local authorities of that nation, so long as the slaves remain on board, notwithstanding, &c..... In the case of a compulsory entry of a foreign port, under an overruling necessity, the enforcement of the municipal law of that nation having jurisdiction over the port, to the subversion of the authorities and rights guarantied by its own country, is not in any respect justifiable... If a vessel be compelled, by any overruling necessity, to take refuge in the ports of another, she is not subject to the municipal law of that other, so far as concerns any penalty, prohibition, tax, or incapacity, that would otherwise be incurred; provided she do nothing further to violate the municipal law during her stay.-(2 Coke's Inst., 57; 1 Rob., 243; 5 Rob., 27; 1 Chitty, Com. Law, p. 245). CRIMES AND OFFENCES AGAINST U. S. The bringing away of slaves from Martinique, the property of residents there, may be piracy, and depending upon the precise place of its commission, may only be an offence against the municipal laws.. The government may instruct the attorney for the district of Georgia to prosecute the offenders criminaliter, as far as the law will permit, having in view the restitution of the negroes to their true owner; and if that fail to restore them, to issue civil process with the approbation of the owner or agent.... A citizen of a neutral State who, for hire, serves in a neutral ship employed in contraband commerce with either of the belligerent powers, is not liable to any prosecution for so doing, by the municipal laws of his own State; nor is he punishable personally, though taken in the act, by that belligerent nation to whose detriment the prohibited trade would operate.... 1533 1533 1533 11 11 33 It is a misdemeanor to plot and combine to disturb the peace and tranquility of the 42 49 CRIMES AND OFFENCES AGAINST U. S., (continned.) Citizens of the United States, who aid a nation with whom we are at war on the high seas, against the United States, are guilty of treason. 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.. There is no law of the United States which makes a fraud, by forgery, perjury, subornation of perjury, and a corruption of a justice of the peace, punishable by criminal prosecution.. No act can be made an offence against the United States, except by a law of Congress. Forgery, as an offence against the laws of the United States, is confined to certain specific subjects, such as certificates, indents, public securities, bank notes, and checks, &c. Perjury is limited to depositions taken pursuant to some law of Congress; and bribery and corruption of a justice is not punishable by the laws of the United States. .... If money has been fraudulently obtained from the United States, an action in the See piracy, p. 492-judiciary, p. 1985... CRITTENDEN, CADET.. CROSS, MAJOR TRUMAN. CUBA, seizures in-see Slave Trade. The superintendent for construction and repair of the Cumberland road may be allowed to disburse funds committed to his care, by turning over the same to officers employed under him ; yet he must be held personally accountable at the treasury for the correct disbursement thereof.... Where a question concerning a doubtful allowance has been submitted to Congress, and an actual appropriation made by that body of the precise amount, there can be no valid objection to the payment.. Page. 49 86 133 133 133 133 944 944 902 1139 1236 1058 1078 By force of the act of 3d March, 1837, modifying that of July 2, 1836, the question whether the work in each State on said road shall be executed continuously or not, is left to the discretion of the Secretary of War; except that in the exercise of his discretion, he must observe the last proviso of the act of 3d March, 1837... 1235 CURRENCY-see Funds receivable. CUSTOM HOUSE bonds, (see Debts of the United States) -, expenses of collecting. 2016 D. DABOLL'S ARITHMETIC. DADE, MAJOR. DAMAGES. Where a vessel alleged to be Danish property was seized as French property, on the south side of the island of St. Domingo, and, whilst waiting examination under the protection of the American flag, was seized by a British armed ship and taken into Jamaica, and there condemned, and a claim made by the Danish subject upon the Government for compensation, it was decided that the first captors were not. liable for the first capture, and detention long enough for examination, nor for the second capture; and that the Government of the United States is not bound for the unlawful capture of its subjects..... See more at large, Accounts, Benson, A. K. See also..... DANCING RABBIT CREEK TREATY.. DANAGH, CORNELIUS. DARBY, JOHN.. DEATH WARRANTS.. .145, 707 DEBTORS OF THE U. S. The President has no power to discharge public debtors imprisoned on mesne process; but only debtors imprisoned on execution, at the same time requiring the judgment to remain good, to be satisfied out of any estate then, or afterwards, belonging to the debtor... 147 DEBTORS, (continued.) Where the estate of any deceased debtor, in the hands of executors or administrators, shall be insufficient to pay all the debts due from the deceased, the debt due the United States shall be first satisfied, (act of 3d March, 1797;) but whether the United States have priority over mortgages executed on land of the debtor, whilst a debtor of the United States, quere.. The fourth auditor is not authorized to consider security offered for a debt, however ample it may be, a payment of a debt due the Government. A prior lien on a policy for the premium of an insurance is overreached by the right of preference of the United States, even though the preference be founded on a subsequent act of insolvency... See the case of Thelluson and Smith, repo ted in 2 Wheaton, deciding that the United States have preference over a prior judgment on the lands of a debtor in case of subsequent insolvency..... The late collector at Savannah being indebted to the Government, and the amount of such indebtedness being reported by the district attorney below that standing against him on the Treasury books, an action at law should be brought against him for the apparent balance due the Government. The pay of an officer in the navy cannot be stopped on account of a balance due the Page. 269 386 402 402 418 441 The President cannot discharge a debtor to the United States imprisoned on a warrant of distress issued from the Treasury Department, by the letter of the act of 3d March, 1817; yet where the debtor will confess judgment, and will submit to a capias thereon at once, and to be thereby brought within the description of the act, the President may legally discharge him.. 441 667 684 Liens extend to all the real estate of collectors and their sureties, owned by them at 757 The term "insolvent debtors," contained in the act of Congress of March 2, 1831, 777 Application must be made, and the oath or affirmation necessary, must be taken, not Under the act of 1832 it is not necessary that parties shall be insolvent debtors within The Secretary of the Treasury may, in his discretion, refuse a discharge on account 6 777 777 844 844 844 DEBTORS, (continued.) have the loss refunded by the superintendent-HELD, that there is no authority, except in the legislative department, which can afford Major Campbell relief..... Where one of two partners had given bonds with sureties to the United States for duties on merchandize imported by the firm upon which there was subsequently found to be due the sum of $30,000; and deeds of trust to a third person were afterwards executed, conveying, among other property and claims, a certain debt due the firm from the government of Naples on account of the seizure of a schooner and cargo in which they had an interest, which, under the convention with the King of the two Sicilies, had been awarded to them, and now claimed and demanded by the trustees under the deeds of trust, they alleging that the debt of the United States for duties had been extinguished by the taking of the bond of one partner with sureties-HELD, that, notwithstanding the decision of Judge Washington in the case of the United States vs. Astley & Brooks, the debt remains against the firm, and must be first deducted from the amount awarded to them before payment can be made to them or their assignees... It is suggested, however, that this case does not turn on the point settled in the case And, although the Solicitor has no jurisdiction of bonds until they are placed in the Page. 888 956 956 1074 1130 1130 Where imprisoned debtors are discharged on payment of costs, it is to be inferred that the condition embraced only the costs of suit in the cases in which they were imprisoned..... The expenses of the examination may be paid from the judiciary fund.. No preliminary demand of payment is necessary to put in default a postmaster who The collector of customs ought not to refuse payment of a debenture certificate, and in lieu thereof give credit on the extended bond where the party to whom the certificate may have been issued, received an extension of payment on bonds given to secure the duties on a subsequent importation of goods; nor where the certificate came into possession of the party by endorsement or assignment.... MRS. SUSAN DECATUR. .... As there was a joint resolution passed for the relief of Mrs. Decatur on the same day of the passage of the act for the more equitable administration of the navy pension fund, she must elect under which she will take, for but one pension can be allowed her.... DE KRAFFT, Mr. DE HAUTVILLE.. DELAFIELD, Captain. 1376 1376 1384 1670 1670 1151 1099 791 248 947 .2010, 2029, 2030 13 DE LA FRANCIA. DELUZIERES, Peter D. The claim of Peter D. Deluzieres for a patent certificate is a case for the action of a judicial tribunal, or of Congress, and not for that of the executive department.... 539 DEMAND OF PAYMENT... 1670 |