Imágenes de páginas

Russian-American Company, they acquired no every foreigner, not a public minister, who interest whatever in the soil by the purchase comes within the jurisdiction of our courts. If of such buildings; they are simply occupants he has a defence under the treaty of peace he of the public domain, without right or title, must plead it in the usual course of judicial and at the sufferance of the Government. Ibid. proceedings. Opinion of July 26, 1794, 10p. 49.

6. By the act of March 3, 1873, chap. 227, 3. A person acting under a commission from the introduction of spirituous liquors or wine the sovereign of a foreign nation is not amenainto the Territory of Alaska, unless authorized ble to the United States courts for what he does by the War Department, is absolutely prohib- in pursu ince of his commission. But where ited. Opinion of Nov. 13, 1873, 14 Op. 327. there may be a legal trial the President will

7. By virtue of the acts of February 13, 1862, not interfere with the action against him. Opinchap. 24; March 15, 1864, chap. 33; and March ion of Dec. 29, 1797, 1 Op. 81. 3, 1873, chap. 227, tbe War Department is 4. The courts of the United States in every clothed with a discretionary authority over the State are at all times open to the subjects of a introduction of spirituous liquors or wines into foreign power in friendly relations with them; the Territory of Alaska, and may permit such and they are entitled to claim the benefit of articles to be taken there, whether they are or every legal remedy in as ample a manner as are not intended for the use of officers or could be enforced by citizens of the United troops in the service of the United States. States. More especially will such remedies be Opinion of June 3, 1874, 14 Op. 401.

extended in a case of fraud. Opinion of Oct. 1, 8. The first of these acts, though in form an 1816, 1 Op. 192. amendment, is really a substitute for the whole 5. An alien can inherit, carry away, and of section 20 of the act of June 30, 1834, chap. alienate personal property without being liable 161, and nothing of said section not contained to any jus detractus, but not real estate. Opinin that act is left in force. Ibid.

ion of July 30, 1819, 1 Op. 275. 9. The President has no authority, by virtue 6. Jaques Porlier, who settled in the Michof section 2132 Rev. Stat., to prohibit the in- igan Territory prior to the execution and ratitroduction of molasses into the Territory of fication of Jay's treaty, is not a citizen of the Alaska (the article being used there for manu- United States. Opinion of Sept. 3, 1819, 5 Op. facturing distilled spirits for sale among the 716. natives) when in his judgment the public in- 1 7. It is the duty of the Executive, to whom terest seems to require that he should do so. | the care of our foreign relations is committed, In this matter that Territory cannot be consid- to take all lawful measures for the protection ered as a country belonging to an Indian tribe. of alien subjects of a state with whom the Opinion of Sept. 24, 1878, 16 Op. 141.

United States are at peace, who shall have

placed themselves under the safeguard of our

laws. Opinion of July 5, 1837, 3 Op. 254.

8. But where aliens shall have suffered vioALIENS.

lence from citizens of the United States, they

can be protected only by the redress to be afSee also PUBLIC LANDS, IV.

forded in the courts and the special interposition 1. The late governor of Guadaloupe, who had of the legislature. Ibid. caused a vessel to be seized and condemned by 9. The State courts only have jurisdiction of authority assumed as such officer, being prose- the criminal offense in such cases; the circuit cuted in the court of Pennsylvania whilst here court of the United States of civil actions where as a prisoner of war to the British forces on the offenders are citizens. Ibid. parole, is not more exempt than any other for- 10. Aliens only, in the proper acceptation of eigner (not a public minister) from suit and the term, are excluded from the privileges of arrest. Opinion of June 16, 1794, 1 Op. 45. pre-emptioners. Opinion of March 15, 1843, 4

2. The Government will not interfere with a Op. 147. private action against a foreigner for receiving 11. An alien can be enlisted in the naval or a negro on board his ship. Such defendant is, Marine Corps service of the United States, and as to his liability to suit, on a footing with | is bound the same as citizens to serve for the term of his enlistment. Opinion of Nov. 20, chap. 4, in the hands of bona fide holders, with1844, 4 Op. 350.

out regard to the fact that such paymasters 12. An alien may hold, convey, and devise have not placed in the hands of the drawee real estate in the District of Columbia. Opin- sufficient funds to meet the drafts. Opinion of ion of Sept. 2, 1852, 5 Op. 621.

Feb. 25, 1865, 11 Op. 156. 13. Of the disability of alienage as affecting interest in land in California. Opinion of Feb. 3, 1855, 8 Op. 463. 14. Under the land laws of the United States

ALLOWANCES. aliens are entitled to purchase the public lands,

| See ARMY, XI; COMPENSATION, VIII; MILEsubject only, as to their tenure, to such limi

AGE; MILITIA AND VOLUNTEERS, II; NAVY, tations as particular States may enact; with

VI; TRAVELING ALLOWANCES. this exception, however, that pre-emptions are secured to aliens who have declared their intention to become naturalized according to law, and-to citizens, whether native-born or natural

AMBASSADOR. ized, and none others. Opinion of July 28, 1855, 7 Op. 351.

See DIPLOMATIC AND CONSULAR OFFICERS. 15. The same distinction is maintained in the graduation acts, with the further condition that the limited quantity of land purchasable

ANNUITY. by any person at the reduced prices can be purchased only for personal use, and for actual

See INDIANS, IV. settlement and cultivation. Ibid.

16. The Government of the United States has constitutional power to enter into treaty stipulations with foreign governments for the

APPEAL. purpose of restricting or abolishing the property disabilities of aliens or their heirs in the

See also ACCOUNTING OFFICERS, IV; CUSseveral States. Opinion of Feb. 26, 1857, 8 Op.


TIONS, IV; WRITS OF ERROR AND AP17. It seems that there is no existing treaty

PEALS. stipulation between the United States and the 1. In a matter which the law confides to the Netherlanders on the subject of the rights by pure discretion of the Executive, the decision inheritance of children of a deceased child of a by the President or proper head of Department Netherlander dying intestate in the United of any question of fact involved is conclusive, States. Opinion of Aug. 8, 1866, 12 Op.5. and is not subject to revision by any other

18. In this absence of treaty stipulation the authority in the United States. Opinion of subject-matter is regulated by the laws of the Nov. 23, 1853, 6 Op. 226. respective States, and they, as a general rule, 2. There is no direct appeal from the Comrecognize the children of a deceased child as missioner of Pensions to the Attorney-General. entitled to represent their deceased parent in Opinion of July 8, 1856, 7 Op. 759. the share which he would have taken from the 1 3. The President ought not, as a general intestate if such deceased parent had survived rule, to entertain an appeal from the decision the intestate, the descent being per stirpes, and of the head of a Department respecting a prinot per capita. Ibid.

vate claim against the Government. Opinion of Oct. 9, 1863, 10 Op. 526.

4. Nor, as a general rule, ought the PresiALLOTMENT CHECKS.

dent to entertain appeals from the heads of

Bureaus or other inferior officers of the ExThe United States are legally bound to pay ecutive Departments. Opinion of Oct. 9, 1863, the allotment checks or drafts issued by Army 10 Op. 527. paymasters under the act of December 24, 1861, 1 5. An appeal from a decision of the Commissioner of the General Land Office ought to be gregate of certain expenses which was less than taken not to the President, but to the Secre the aggregate, in fact, of the several items of tary of the Interior. Ibid.

expense therein enumerated: Held that the 6. Under the act of March 3, 1857, chap. amount equal to all the items was appropriated, 104, requiring the Commissioner of the Gen- and that an erroneous addition of said items eral Land Office to state an account between the produced no effect upon the law. Opinion of United States and the State of Illinois of the March 13, 1839, 3 Op. 419. “2 per cent. fund," the State has no legal 2. The expenses incurred on account of the right to take an appeal to the President, and negroes taken out of the Amistad cannot be require him to state such account, after the re- defrayed from the appropriation of March 3, fusal of the Commissioner of the General Land 1819, in the act entitled “An act in addition to Office and of the Secretary of the Interior to the acts prohibiting the slave trade." Opinion comply with the law. Opinion of March 8, of April 11, 1840, 3 Op. 510. 1864, 11 Op. 14.

3. The appropriation for repairs, improve7. The President is not an auditor or comp- ments, and new machinery at Harper's Ferry troller of accounts, nor the accountant-general | Armory, made by the act of August 8, 1846, of the nation; but he may require an account- chap. 95, cannot, nor can any portion of it, ing officer and other subordinate executive be applied to the purchase of the lands deofficers to perform the duty imposed on them scribed in the estimate made at the Ordnance by statute. Ibid.

Office. Although a portion of the appropria8. The opinions of the Attorneys-General tion was asked for with a view to the purtouching the relation of the President towards chase of lands, Congress saw fit to specify the the administrative officers of the Departments purposes for which it granted it, among which and Bureaus reviewed. Ibid.

the purchase of lands is not included. Opin9. It is competent to the President to enter- ion of Sept. 18, 1846, 4 Op. 533. táin an appeal from the head of a Department 4. The contract for embankment in the which concerns the authority of a subordinate navy-yard at Memphis is not within the true officer in the Department. Opinion of May 15, | meaning of the proviso in the naval appropri1876, 15 Op. 94.

| ation act of March 3, 1843, chap. 83. Opin10. Where a statute imposes a particular ion of April 20, 1819, 5 Op. 89. duty upon an executive officer, and he has acted 5. Where an appropriation was made by (performed the duty according to his under-Congress expressly for opening or improving a standing of the statute), there is no appeal from maritime channel by a particular method menhis action to the President or to any other ex- tioned: Held that the specification is not to be ecutive officer, unless such appeal is provided so construed as to defeat or control the general for by law. Opinion of May 2, 1879, 16 Op. object. Opinion of April 11, 1853, 6 Op. 19.

6. In the absence of any specific appropriations for the object, the expense of transporting

prisoners held for trial by the authorities of APPOINTMENT.

the United States in China is a lawful charge See ARMY, II; MARINE CORPS, III; NAVY,

on the general appropriations for defraying the II; OFFICE, I.

judiciul expenses of the Government. Opinion of June 28, 1853, 6 Op. 59.

7. The incidental expenses attending the

purchase, care, preservation, and transportaAPPROPRIATIONS.

tion of provisions and clothing for the Navy are I. Generally

not chargeable to the specific appropriations for II. Transfer of.

provisions and clothing made by the act of

March 3, 1853, chap. 102. Opinion of June 22, III. Unexpended balances.

1854, 6 Op. 569. I. Generally.

8. Under the act of March 3, 1859, chap. 1. Where an appropriation act(that of March 83, appropriating for the payment to the State 3, 1839, chap. 93) expressed a sum for the ag- of Minnesota, for expenses incurred by Captain


Starkey's company of Minnesota Volunteers, June 30, 1865 Opinion of Oct. 30, 1865, 11 called out by the governor of the Territory, a Op. 387. sam of money, or so much thereof as may be 14. Claims allowed under the act of July 4, necessary, the accounting officers of the Treas- 1864, chap. 240, are not payable from approury are to determine, before any payment is priations made for the fiscal year 1870–71, made, what amount the State is entitled to none of those appropriations seeming to be for receive. Opinion of Nov. 4, 1859, 9 Op. 396. that object. Opinion of July 27, 1870, 13 Op.

9. Where an act of Congress (that of Febru- | 289. ary 20, 1847, chap. 14) authorized the Secretary 15. Appropriations which, in terms, are for of War to report how much was due to a claim- the service of the year 1870–71 cannot be ant, not exceeding $25,000, and directed the used for any other purpose than the payment amount to be paid out of the Treasury, and the of the expenses incurred for the service of that then Secretary of War reported as due to the year. Ibid. claimant the sum of $18,000, which was paid: 16. Nor can money be taken, by counter Held that the appropriation was exhausted | requisitions, from such appropriations to setwhen the amount awarded was paid, and that tle old accounts. Ibid. a succeeding Secretary had no jurisdiction to 17. Permanent appropriations are those made award the claimant an additional amount. | for an unlimited period; indefinite appropriaOpinion of July 20, 1860, 9 Op. 451.

tions are those in which no amount is named. 10. The rules by which officers in charge of Ibid. appropriations are to be governed in applying 18. The appropriations made by the acts of the fund of one year to pay the debts of a pre- June 15, 1864, chap. 124, and March 3, 1865, vious year stated. Opinion of Sep. 18, 1862, chap. 81, “ for supplies, transportation, and 10 Op. 344.

care of prisoners of war,' are in terms appli11. By the terms of the act of March 3, 1865, cable to none but prisoners of war. Opinion chap. 127, “making appropriations for the cur- of May 14, 1872, 14 Op. 41. rent and contingent expenses of the Indian 19. By the words“ prisoners of war,” as Department,' &c., for the year ending June used in those acts, are meant persons of the 30, 1866, the appropriations therein made for enemy who are captured and detained by our the relief and support of certain refugee In- forces; and therefore Union soldiers who were dians and for payment of interest on non-pay- captured by the rebels and afterward escaped ing stock held in trust for Indian tribes can be or were paroled are not within the scope of rightfully drawn upon by the Secretary of the the appropriations mentioned. Ibid. Interior before the commencement of the fiscal 20. Accordingly, where persons of the latter year ending June 30, 1866. Opinion of March description were supplied with necessaries of 22, 1865, 11 Op. 171.

life and otherwise aided by a private party, 12. The appropriations made by the acts of who presents a claim against the Government April 16, 1862, chap. 54, and July 16, 1862, for reimbursement of his outlays and compenchap. 182, for the purposes of facilitating the sation for his services: Held that the claim, colonization of persons of African descent, however meritorious it may be, cannot be paid cannot be used to pay the salary of the “Com- out of either of those appropriations. Ibid. missioner of Colonization” for services ren- 21. By act of March 3, 1871, chap. 113, an dered after the passage of the act of July 2, appropriation was made to meet (inter alia) the 1864, chap. 210. Opinion of June 2, 1865, 11 expenses of publishing specifications and drawOp. 241.

ings required by the Patent Office during the 13. The 20 per centum increase of compen- year ending June 30, 1872. The appropriation sation allowed by section 3 of the act of June was to be disbursed by the Superintendent of 25, 1864, chap. 147, to the employés of the Public Printing, under whose direction the several Departments for the fiscal year ending execution of the work mentioned was then June 30, 1866, is not payable from the appro- placed; but by the act of March 24, 1871, chap. priation made by that section, such appropri- 5, the Joint Committee of Congress on Printation terminating with the fiscal year ending ing was authorized to transfer the direction of the work to the Commissioner of Patents, subject to the requisition of the Secretary of should it be deemed expedient to do so, and War, to be applied to those objects which the on the 16th of June, 1872, such transfer was appropriation describes, with that exception. made: Held that, notwithstanding the transfer Opinion of Nov. 23, 1878, 16 Op. 213. of the direction of the work, the appropriation 25. Section 2 of the act of June 19, 1878, was still applicable to the payment of expenses chap. 328, providing that $20,000 be placed to incurred in its prosecution, and might there- the credit of the contingent fund of the Senate, fore be employed by the Superintendent of is to be construed as if the words "said inPublic Printing in payment of work done vestigations and inquiries as have already under the direction of the Commissioner of been,” &c., read such investigations and inPatents; yet held, also, that under section 5 of quiries as have already been,' &c. Opinion the act of July 12, 1870, chap. 251, the appro- of Dec. 28, 1878, 16 Op. 235. priation having been made specifically for the 26. The contingent fund of the War Defiscal year ending June 30, 1872, was only ap- partment cannot be applied to meet the explicable to expenses incurred during that year, pense attending the employment of a detective or to the fulfillment of contracts made within to discover and furnish evidence necessary to the same period. Opinion of July 13, 1872, convict the persons concerned in setting fire 14 Op. 58.

to certain buildings which were rented for the 22. The proviso in the Army appropriation Quartermaster's Department at Atlanta, Ga. act of March 3, 1875, chap. 133, viz, “that no Opinion of Dec. 19, 1879, 16 Op. 412. part of this sum shall be paid for the use of 27. The words "contingent expenses," as any patent process for the preservation of cloth used in the appropriation acts, mean such from moth or mildew," does not forbid the incidental, casual expenses as are necessary or application of any patent process to the pres- appropriate and convenient in order to the ervation of clothing where the use of the same performance of duties required by law of the may be obtained without paying or incurring Department or the office for which the approany obligation to pay therefor. The appro- priation is made. Ibid. priation referred to may accordingly be employed in applying the Cowles process, if its

II. Transfer of. use can be had without charge. Opinion of Aug. 25, 1875, 15 Op. 37.

| 28. The President does not possess the power 23. The appropriation made by the act of to order any portion of a specific appropriation March 3, 1877, chap. 105, to pay the amount for the mileage and pay of members of the due to mail contractors “for mail service per- House of Representatives to be transferred to formed ” in certain Southern States before the the contingent fund of that body. Opinion of war of the rebellion, is not applicable to the April 8, 1839, 3 Op. 442. payment of a claim for one month's additional 29. The President has power, under section pay to which a contractor became entitled by 2 of the act of July 2, 1836, chap. 268, to direct his contract where the same was arbitrarily appropriations for one fortification to be transterminated by the Government, such claim ferred to another, the provision therefor being being in the nature of a claim for liquidated construed to be perpetual. Opinion of Nov. 3, damages. Opinion of July 5, 1877, 15 Op. 329. 1842, 4 Op. 110.

24. The appropriation of $75,666.50 to pay 30. Since the passage of the act of August 31, for horses, steamboats, and other property lost 1842, chap. 286, the President has no power to diin the military service, made by the act of rect transfers in the Navy Department of moneys June 14, 1878, chap. 191, was not intended to appropriated for one particular branch to the apply to the steamboat B. P. Cheney. The account of another branch of expenditure. provision in the act of June 20, 1878, chap. Opinion of Oct. 23, 1843, 4 Op. 266. 359, declaring that said appropriation should 31. The limitation imposed by the last clause not be construed to authorize the payment of of the act of February 23, 1844, chap. 3, “to the claim for that steamboat without further authorize the President of the United States to legislation is explanatory of the former enact direct transfers of appropriations for the naval ment. The amount of the appropriation is, service under certain circumstances,” does not

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