Слике страница
PDF
ePub

signed, set off, or conveyed to the United States in payment of debts, and of all trusts created for their use in payment of debts due to them.

He sells and disposes of all lands assigned or set off to the United States, in payment of debts, or which may be vested in them by mortgage, or other security for the payment of such debts.

When real estate becomes vested in the United States by conveyance, extent, or otherwise, in payment of a debt, and the debt is fully paid in money received by them, he is authorized to release such real estate by deed, or otherwise convey the same to the debtor, if living, or if he be dead, to his heirs or devisees, or such person as they shall appoint.

He receives from the district-attorneys, immediately after the end of each term of the federal courts, in their respective districts, a full and particular statement of United States causes pending therein, and of those decided at the term, which statement is required to be certified by the clerk of the court.

He also receives from the district-attorneys a report at the commencement of all suits instituted for the recovery of fines, penalties, and forfeitures.

He also receives from collectors of customs a report of all seizures made by them.

He instructs district-attorneys, marshals, and clerks of the circuit and district courts, in all matters and proceedings appertaining to suits in which the United States are parties, or interested, and requires them to report to him in relation to the same.

He reports to the officer under whose direction he causes suits to be instituted the credits allowed by the judicial tribunals, and the moneys collected by him.

He establishes, with the approbation of the Secretary of the Treasury, rules and regulations, not inconsistent with law, for the observance of collectors, district-attorneys, and marshals, respecting suits in which the United States are parties, as he shall deem necessary to secure the prompt collection of the revenues and debts due to them.

He is required by the sub-treasury act to determine upon the sufficiency of the sureties to the bonds of the treasurer of the United States, the treasurers of the mint at Philadelphia and branch mint at NewOrleans, and of the several depositaries provided in that act. In relation to the latter, he also determines the amount for which sureties shall be given.

In practice, the solicitor performs other important duties. He is the usual organ of the executive departments, under the order of the President, for communicating with counsel, when they desire their employment to defend persons prosecuted for acts done under the authority of such departments.

Contracts and other papers prepared by various officials are often submitted to him for consideration and advice.

The secretary often asks his opinion upon legal questions, and the validity of claims, and the propriety of their payment.

To a great extent, he acts as chamber counsel for

the Treasury Department, and not unfrequently for other branches of the government. A like officer, with suitable powers, attached to each department, as a legal adviser, and one to each house of Congress to aid in the preparation and perfection of bills, would greatly promote the public convenience and save the government millions a year.

Under a recent act, he is required to look after frauds upon the revenue derived from the customs, when required by the secretary.

His duties have been much increased within the last few years, without an increase of salary, which is thirty-five hundred dollars.

6. THE ASSISTANT SOLICITOR OF THE TREASURY.

The office of assistant solicitor of the treasury was created by the act of 1866. Secretary of the Treasury. duties which he is to perform. solicitor may prescribe.

He is appointed by the The statute specifies no They are such as the

His salary is three thousand dollars.

7. LAW-OFFICER OF THE STATE DEPARTMENT, OR EXAMINER OF CLAIMS.

This officer is appointed by the President with the consent of the Senate. Neither the act creating the office, nor that transferring it to the Department of Justice, defines the duties he is required to per

form. The name indicates that he is to examine and express opinions upon claims against the government, presented to the State Department for payment. His salary is thirty-five hundred dollars.

8. ATTORNEY-GENERAL'S LAW CLERK.

The office of law clerk to the Attorney-General was created by the act of 1866, which authorizes that officer to appoint such a clerk. The statute specifies no duties which he is to perform. He is subject to the directions of the Attorney-General, and assists him in the investigation of legal questions.

His salary is twenty-five hundred dollars.

CHAPTER L.

I. THE FEDERAL JUDICIARY.

THE Constitution delcares that the judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as Congress may, from time to time establish, and the judges are appointed by the President, with the consent of the Senate, and hold their offices during good behavior, or, in other words, for life. To secure their independence, they are to receive, at stated times, a compensation for their services, which shall not be diminished during their continuance in office. The powers and duties of these courts are specially enumerated in the constitution, which we have given. The number of judges composing the Supreme Court, the time and manner of serving, and their salaries, depend upon the action of Congress. The number of inferior courts, how organized and constituted, and their powers and duties, depend upon the legislation of Congress. In the organization of the federal courts, the English and our own State systems have been substantially copied. Except in equity, all matters of fact are determined by a sworn jury of twelve men, and all

« ПретходнаНастави »