1. No person has the right to enter the limits of the post at West Point, not
even to visit the post office there, unless specially authorized by the laws of
the United States, or by some officer having authority to grant permission.
Cozzen's case, 268.
2. Persons in civil life, residing permanently or temporarily at the post, or oc-
casionally resorting to the hotel, may be prevented by the superintendent of
the academy from interrupting its discipline, or obstructing in any way the
performance of the duties assigned by law to the officers and cadets. Ibid.
3. The commandant of the post may order from it any person not attached to it
by law, whose presence is, in his judgment, injurious to the interests of the
academy; and he may be lawfully removed by force. Ibid.
4. When, however, the United States have leased a dwelling-house within the
post belonging to them, to an individual, they have no greater right than an
individual would have in respect to the lease. Ibid.
ACCOUNTS AND ACCOUNTING OFFICERS.
1. Where there is a conflict of claims between an executor and his assignees for
an award of moneys by the Third Auditor to the decedent, the treasury
officers should pay the same to the executor, who is the legal representative.
Case of executors of Stiles, 29.
2. Where assignments in due form are presented, and no objection is made to the
right of the assignee, it may be paid to him. Ibid.
3. Accounts once closed and settled, under the circumstances of the present
case, cannot be opened, except on the principles governing courts of equity
in opening decrees. Advice, 148.
4. The accounts of marshals certified by the court, or one of the judges thereof,
as provided in the fourth section of the act of May 8, 1792, are conclusive
upon the accounting officers of the treasury, except in cases where charges
shall be allowed by the court or judge for a service or purpose not mentioned
in the acts of Congress, and where a greater sum shall be allowed than that
fixed by law. Advice, 316.
5. The account of the marshal of the District of Columbia, for extra allowances
to government witnesses on the trial for the burning of the treasury build-
ings, made by the circuit court, and certified, cannot be legally paid, not-
withstanding the certificate, for the reason that no act of Congress authorizes
payment of charges for such a purpose. Advice, 318.
6. The accounting officers of the treasury may allow an account, if it be a just
one, of Charles J. Ingersoll, district attorney of the eastern district of Penn-
sylvania, notwithstanding his having been sued by the United States for
various bonds placed in his hands for collection, for moneys received there-
on, and for other moneys, (his account not having been set off in the suit,)
and a judgment recovered by the United States against him for $3,975 78,
the same as if it were presented prior to the institution of that suit, as the
said account was a matter separate and distinct from the subject-matter of
ACCOUNTS AND ACCOUNTING OFFICERS (Continued.)
the suit, and a set-off not having been required to be made. Ingersoll's
case, 345.
7. Where one of two or more contractors for transporting the United States mail
shall have been guilty of a violation of the twenty-eighth section of the act
of the 2d July, 1836, changing the organization of the Post Office Depart-
ment and providing more effectually for the settlement of the accounts
thereof, the Postmaster General may annul the contract and relet the route
according to law. Advice, 436.
8. It is inexpedient for accounting officers in any case, unless thereunto specially
directed by act of Congress, to re-adjudicate upon the items of an account
once considered and settled in their offices. McCalla's case, 461.
9. If the practice be allowed, the experiment will be made upon every change of
accounting officers, by persevering claimants who may imagine themselves
entitled to more than they have been allowed, to procure a reconsideration
and revision of former decisions; and the same would be likely to result dis-
advantageously to the government. Ibid.
10. Accounting officers should observe the principles recognised by Congress and
the courts in adjusting accounts for army supplies. Thomas's case, 463.
11. Accounting officers should observe the certificates of district judges, accom-
panying accounts of district attorneys and marshals for services rendered
or disbursements made by them in the regular discharge of their official
duties. Waddell's case, 497.
12. Marshals have no control over the practice of the courts, nor over the kind of
process which they may issue; they are simply bound, as officers of the
courts, to execute the process issued to them. Ibid.
13. In a matter of general and established practice, the regular taxation of the
costs, and their allowance in due form by district judges, are binding and
conclusive upon the accounting officers. Ibid.
14. Where a marshal received, in due course of law, processes of summons and
subpoena for the same witnesses, (it being the usual mode of procuring the
attendance of witnesses in the court from which they issued,) and served
the same as required, he is entitled to his fees for both services, on their
being allowed and certified by the district judge. lbid.
15. It is the duty of accounting officers to examine and pass upon all the items of an
account before any appeal can be made to the President. Otis's case, 500.
16. The accounting officers may allow an adequate compensation to district at-
torneys, over and above their annual salary and stated fees, for services ren-
dered under special instructions to discover criminals, and the evidence of
their guilt. Advice, 515.
17. Although it is doubted whether an account which has been finally adjusted,
settled, and closed, ought to be re-opened, the claim in behalf of William
Otis, late collector of customs at Barnstable, not having been fully settled,
may now be settled without violating such a rule. Advice, 521.
18. Where an act of Congress directs the accounting officers to recognise a par-
ticular judicial decision in the settlement of accounts, it is their duty to do
so, and to conform their action thereto. Thomas's case, 524.
19. Where a contractor for army supplies agreed to furnish for the army, upon
the requisition of the commandant, a supply of provisions for six months in
advance, at Detroit, and for nine months at Mackinac, and was required by
the commanding officer to deposite more rations than were required for six
months' supply of the troops stationed at Detroit, and ten per centum in
addition for contingencies; and the question of the rate of compensation
for the excess having been passed upon by a court, and the matter sent to the
accounting officers to be adjusted on principles of justice and equity, by an
act of Congress requiring them to recognise the judicial decision-DECIDED,
that the contractor must be held to supply at his contract price the amount
necessary for six months' supply at Detroit, and nine months' supply at
Mackinac, and ten per centum besides for contingencies, and no more, and
that for the excess he should be allowed the fair market value. Ibid.
ACCOUNTS AND ACCOUNTING OFFICERS (Continued.)
20. Accounting officers cannot, in the innumerable cases in which Congress di-
rects specific sums to be paid to individuals, examine and settle previously
existing claims and credits against such individuals. Milnor & Thomp-
son's cases, 533.
21. Accounting officers are in general bound by the allowances and certificates of
district judges in relation to the accounts of marshals presented for adjust-
ment. The law which requires the judges to act and to certify their action,
makes their allowances and certificates conclusive upon the accounting offi
cers in all cases where the service or purpose is enumerated in the act of
Congress, and the sum allowed therefor, is not exceeded in the amount
certified. Advice, 536.
22. Where it is the settled practice of the court to procure the attendance of wit-
nesses by the service both of the process of summons and subpoena, and an
order issues to the marshal to summon witnesses, that officer is entitled to
an allowance of fifty cents for performing the order, and the stated compen-
sation for serving the summons and subpoena. He cannot disregard the
orders or process issued by the court, even though they are superfluous; but
must execute such as shall be issued to him in the ordinary practice, and
for which he is entitled to the prescribed fees at the hands of the govern-
ment. lbid.
23. The marshal cannot be allowed more for the service of a summons, where a
subpoena and summons shall have been issued to him to obtain the attend-
ance of a single witness, than the sum prescribed for summoning a single
witness. Ibid.
24. The taxation of the court, and the allowance and certificate of the judge, are
conclusive upon the accounting officers when the service or purpose is enu-
merated in the act of Congress, and the sum allowed therefor is conformable
to the rate of compensation therein prescribed. Ibid.
25. The United States are liable to clerks of circuit courts for their fees properly
chargeable to plaintiffs, in suits in which the United States are plaintiffs,
and the accounting officers may allow them, even though marshals may have
collected them of defendants and have not paid them over. Advice, 575.
26. The accounting officers may allow the district attorney of the District of Co-
lumbia a reasonable compensation, over and above his salary and stated
fees, for attending on the part of the United States upon the taking certain
depositions in said district in a case depending in the circuit court of Mis-
souri. Advice, 599.
27. The accounting officers may allow the district attorney of Vermont his ex-
penses for numerous journeys undertaken and performed with the approba-
tion of the Solicitor of the Treasury, for the purpose of securing certain
payments due to the United States, and for superintending the sale of cer-
tain real estate. Kellogg's case, 612.
28. The accounting officers will observe that under the act making appropriations
for the civil and diplomatic expenses of the government for the year 1841,
district attorneys, clerks, and marshals are limited in their charges to the
rates of fees prescribed by the proviso. Hoffman's case, 627.
29. The accounting officers are not authorized to allow interest on claims for los-
ses occasioned by troops in the service of the United States, unless the same
shall be provided for in the act under which they are authorized to be allow-
ed and paid. Wood's case, 635.
30. The officers of the Treasury may examine into the facts ard circumstances
which constitute the grounds of certain Florida claims, in order to determine
whether the decisions of the judges are just. Ibid.
31. The law has conferred upon the Secretary of the Treasury in such cases a
jurisdiction as plenary as that exercised by the judges. Ibid.
32. Accounts for services rendered and expenses incurred of the nature of those
specified in the act of 3d March, 1841, must be limited to the rates therein
prescribed. Advice, 658.
ACCOUNTS AND ACCOUNTING OFFICERS (Continued.)
33. The compensation of members and officers of the Senate, when certified by
the President thereof, is a public account, and should be passed as such by
the accounting officers. Dickins' case, 662.
34. In passing accounts for compensation and mileage of Senators, the accounting
officers should respect certificates of the President of the Senate, as they are
conclusive upon the matter between that body and the treasury. Ibid.
35. The accounting officers are not authorized to allow the claims of the Florida
militia, who refused to render, or who, after being mustered, were disbanded
without having rendered any service. Advice, 687.
36. The accounting officers have authority to reconsider a matter that had passed
from the executive department to the legislative, under and pursuant to the
act of March 3, 1841, chapter 18, section 2. Case of Clements, Bryan
& Co., 731.
37. They are directed to settle and adjust the accounts of the claimants under a
contract alleged to have been made on the 12th June, 1838, for subsisting
and emigrating the Cherokee Indians, upon principles of equity and justice;
bat, in settling them, the contract of the claimants with the United States of
the 27th June, 1838, must be taken into consideration. Ibid.
38. There are no obligations resting upon the government to indemnify claimants
for an amount of provisions beyond what might be necessary for furnishing
six thousand Indians during the probable period of their journey. Ibid.
39. The number of Indians to emigrate being left indefinite in the contract itself,
making a case of latent ambiguity, parol evidence is admissible to show
what the contract really was. Ibid.
40. The contractors are entitled, in strict law, to the difference between the con-
tract price of the provisions they were bound to furnish and the actual value
or market price of them in the country where they were to be supplied; but,
by the act of March 3, 1841, the accounting officers are bound to call for
proof that the provisions were actually procured to be furnished, and loss on
them actually sustained, before making any allowance whatever. Ibid.
41. The act of March 3, 1841, which is a positive enactment specially applicable
to the case, so far alters the common rule upon the subject of damages for
breach of an executory contract, as to supersede that rule, and must govern
the department. Ibid.
1. To an action founded on a pre-emption claim, purchase without notice of prior
equities is a valid defence. Advice, 91.
2. Where an action was commenced and prosecuted to judgment against Com-
modore Elliott, for acts done in the performanc of his official duties-HELD,
that he ought to be indemnified. Elliott's case, 306.
3. 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
in State courts, for assaults and batteries committed on them by non-com-
missioned officers within the limits of a fort. Advice, 498.
4. There is no provision of law concerning intercourse with the Indian tribes, or
conferring jurisdiction upon courts, which can enable the United States to
maintain a civil action against a debtor residing in the Indian country, upon
a contract or indebtedness created in the States. Advice, 514.
1. Administrators of all and singular the goods, chattels, and credits, of a claim-
ant are "legal representatives" within the act to provide for liquidating and
paying certain claims of the State of Virginia, passed 5th July, 1832. Ad-
vice, 43.
2. The orphans' court of the county of Washington has power to grant letters of
administration in respect to assets existing in the county, and payments
made by the Treasury Department, to an administrator thus appointed, are
regular; yet, in a case where the decedent resided in Baltimore, and left a
will appointing an executor there, and letters granting administration de
ADMINISTRATORS (Continued.)
bonis non are afterwards granted in Maryland upon the same estate, the let-
ters issued in Washington become subordinate to them. Case of Adminis-
trator of Thompson, 89.
3. Administrators of the holders of military bounty land warrants are not entitled
to the script issued thereon-the script being of the nature of real estate
goes to the heirs-at-law. Advice, 382.
4. Where Creek reservees died within the five years during which their reserves
were to be withheld from sale, and the lawful administrators sold the reserves,
and paid over the proceeds (less the expenses) to the Indian widows, as the
heirs, and the question of other heirs being now raised, in opposition to the
confirmation of the sales to the purchasers, who have paid the consideration
money therefor once in full-DECIDED, that the purchasers are entitled to
the confirmations which they ask, and should not be required to pay a second
time any portion of the purchase mony. McDougald's case, 578.
5. The President of the United States may properly confirm sales of Creek res-
ervations made by administrators pursuant to the orders of courts having
jurisdiction, whether the distribution of the proceeds among the heirs shall
have been correctly made or not; provided the purchasers shall have paid in
the purchase money in good faith to the administrators or legal representa-
tives. Advice, 597.
6. But where purchasers have withheld any portion of the purchase money on
any pretence, or the administrators themselves were the purchasers, and have
not accounted for the purchase-money, sales ought not to be confirmed. Ibid.
7. The son and administrator of a person for whom Congress shall have ordered a
medal to be struck, may receive it. Case of the administrator of Neville, 640.
1. Aliens are entitled to claim pre emptions under the acts of 1830 and 1834,
especially where the local law authorizes them to hold and convey real es-
tate. Advice, 90.
2. Alien subjects of a State, with whom the United States are at peace, who shall
have placed themselves under our laws, are entitled to protection; and the
Executive will see that such protection is given. Advice, 253.
3. But where aliens shall have suffered violence from citizens of the United States,
they can be protected only by the redress to be afforded in the courts, and the
special interposition of the legislature. lbid.
4. The State courts only have jurisdiction of the criminal offence in such cases;
the circuit court of the United States of a civil action, where the offenders
are citizens. Ibid.
5. 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 re-
garded invalid. Advice, 671.
See CLAIMS, COMPENSATION, and INTEREST.
AMISTAD, CASE OF THE.
1. The schooner Amistad, a Spanish vessel, having cleared from one Spanish
port bound to another, with regular papers and a cargo of merchandise 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 war-
ranted and required; and being demanded, with the negroes, by the Span-
ish minister, under the ninth article of the treaty of October 27, 1795, be-
tween 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. Advice, 484.
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