Memorial of Charles Gratiot: Stating that He Had Been Unjustly Dismissed from the Army of the United States, and Asking an Expression of the Opinion of the Senate as to the Legality of the Course Pursued Toward Him. January 15, 1852. Ordered to be Referred to the Committee on the Judiciary, and Printed in Confidence for the Use of the Senate

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1852 - 80 sider
 

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Side 11 - This right in an incumbent of reviewing a predecessor's decisions, extends to mistakes in matters of fact arising from errors in calculation, and to cases of rejected claims, in which material testimony is afterwards discovered and produced.
Side 6 - Where an officer is removable at the will of the executive, the circumstance which completes his appointment is of no concern; because the act is at any time revocable; and the commission may be arrested, if still in the office. But when the officer is not removable at the will of the executive, the appointment is not revocable, and cannot be annulled.
Side 77 - ... be carried into execution, until after the whole proceedings shall have been transmitted to the Secretary of War, to be laid before the President of the United States for his confirmation or disapproval, and orders in the case.
Side 19 - ... person" is used in its most comprehensive sense in section 1766 of the Revised Statutes, as follows: "SEC. 1766. No money shall be paid to any person for his compensation who is in arrears to the United States, until he has accounted for and paid into the Treasury all sums for which he may be liable.
Side 30 - No person who heretofore hath been, or hereafter may be, a collector or holder of public moneys, shall have a seat in either House of the General Assembly, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable.
Side 23 - ... accounts quarter-yearly to the proper accounting officers of the treasury, with the vouchers necessary to the correct and prompt settlement thereof, within three months at least after the expiration of each successive quarter, if resident within the United States, and within six months if resident in a foreign country...
Side 23 - ... shall be deemed guilty of embezzlement, and shall be fined in a sum equal to the amount of the money embezzled and shall be imprisoned not less than six months nor more than ten years.
Side 11 - ... department, and it is alleged to be an illegal allowance, the judicial tribunals of the country must be resorted to to construe the law under which the allowance was made, and to settle the rights between the United States and the party to whom the credit was given. It is no longer a case between the correctness of one officers judgment and that of his successor.
Side 4 - It is but the exercise of the common right, which belongs to every creditor, to apply the unappropriated moneys of his debtor, in his hands, in extinguishment of the debts due to him.
Side 30 - ... party, his agent or attorney, to report forthwith, to the agent of the Treasury Department, the balance due; and it shall be the duty of the said agent within sixty days thereafter to order suit to be commenced against such delinquent and his sureties.

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