Congress or any regulation of an executive department, or upon any contract, express or implied, with the Government, and of all claims which may be referred to that court by either House of Congress.

Of the claim of any disbursing officer of the United States, or his representatives, for relief from responsibility on account of capture "or otherwise," while in the line of his duty, of Government funds, vouchers, records, or papers in his charge for which he is held responsible.

Of all claims for the proceeds of captured and abandoned property, for the recovery of which a right of action is given by law in certain cases and under special restrictions.

The Chief Clerk of the department has the general oversight of the clerical business of the office.

There is a Law Clerk assigned the department by law, who is designated in the act as Law Clerk and Examiner of Titles. His duties generally are to investigate questions of law affecting matters as to which the Attorney-General is called upon to express a formal opinion. He performs other duties in connection with the examination of abstracts of title to property conveyed to the United States, or the conveyance of which is in contemplation, it being required by law that before any money shall be expended upon land purchased by the United States for the purpose of erecting any public building thereon, the written opinion of the Attorney-General shall be first had in favor of the validity of the title thereto.

There is an additional Law Clerk authorized by law, to whom are referred questions of law for investigation and for the production of briefs and the expression of opinion thereon.

There is a Disbursing Clerk also attached to the department, who disburses by law the appropriation for the sala

ries of the Attorney-General, the Solicitor-General, the several Assistants, the Solicitor and Assistant Solicitor of the Treasury, the Examiner of Claims in the State Department, and the several clerks and employees of the entire department; the salaries of the warden and jailors and expenses of the jail of the District of Columbia; also for the defense of suits and claims for seizure of captured and abandoned property, the prosecution and collection of claims, and for detection and prosecution of crimes, &c.; also the appropriation for the contingent expenses of the department.

Another clerk considers applications and the accompanying proof and recommendations, addressed to the pardoning power of the Executive, for clemency to offenders charged with crime committed against the United States.

All applications for pardon must be made upon the sworn petition of some credible person, stating as nearly as may be the age, nativity, and prior occupation of the applicant, and the grounds upon which pardon is asked; also whether the applicant was ever before convicted of crime.

The petition must be accompanied by evidence that notice of the application has been served upon the judge who presided and upon the United States attorney who prosecuted at the trial, where such service of notice is practicable; also by a certified summary of the docket entries in the applicant's case.

These applications and papers are transmitted to the proper United States attorney, who is called upon for a report of the facts and an expression of opinion as to the expediency and justice of the clemency sought by the applicant. He is requested also to transmit a written opinion of the judge who presided at the trial, if it can be obtained. Upon a favorable consideration, the papers are sent to the President with the recommendation of the Attorney

General that a pardon issue. If the President's decision is favorable, a direction is indorsed by him to the AttorneyGeneral on the papers, which are returned. The latter thereupon makes a request by letter, embodying the facts and circumstances, addressed to the Secretary of State, in whose office a pardon is prepared, sent to the President for signature, returned to that office, and after having received the seal of the United States is transmitted to the proper United States marshal for execution.

Another clerk considers the emolument accounts of district attorneys, clerks, and marshals of United States courts preliminary to adjustment by the First Auditor and First Comptroller. To this end it is his duty to scan the items critically, comparing them carefully with the statutory fee bill, that the Attorney-General may be well advised as to the propriety of his approval to accompany the same on its way to the accounting officers.

The other clerks of the office are engaged in miscellaneous work and in matters referred to them specially, according to the pleasure of the Chief Clerk or of the head of the department.

The office of the Solicitor of the Treasury having func tions of its own, also an actual bureau existence and distinct organization as provided specifically by law, will be noticed in this place as a bureau of the Department of Justice, but in a separate chapter.

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CHAPTER XXII.

THE OFFICE OF THE SOLICITOR OF THE TREASURY.

986. The office of the Solicitor of the Treasury was established by act of Congress of May 29, 1830. Previously there had been an Agent of the Treasury provided for by statute, whose general duty comprised the collection of official balances due by delinquent officers of the Government, and of other debts due the United States, such as those on duty bonds and those derived from outstanding direct taxes and internal duties. The act referred to provided for the appointment of a Solicitor of the Treasury, and directed the transfer to him of the books, papers, and records formerly appertaining to the Agent of the Treasury. It also directed the establishment by the Solicitor of rules and regulations for the observance of the United States attorneys, marshals, and clerks of courts in regard to United States suits, and gave that officer charge of all lands and property assigned, set off, or conveyed to the United States, and of all trusts created for the use of the United States in payment of debts.

987. By act of June 22, 1870, the Department of Justice was established, and by its terms the Solicitors of the several departments were transferred to the new department, to be thenceforth under the control and supervision of the Attorney-General. The act provided also for the transfer of the Assistant Solicitor of the Treasury and of the clerks and employees of the office of the Solicitor of the Treasury, this office being the only one with a Solicitor at the head having a bureau existence. The other Solicitors were only

law officers attached to departments or bureaus, without any independent functions; with duties not specifically defined by law, but simply implied from the name given them by statute or assigned them by their superior officers. The design of the act in bringing all these law officers under a common head was to promote consistency and harmony in the decisions and practice of the departments as far as the same were grounded upon the opinions of the respective Solicitors. These Solicitors have had, however, as far as the performance of their duties, but a nominal connection with the Department of Justice. Their labors and official relations have naturally allied them with a closer affinity respectively to the departments with which they are brought into daily contact and intercourse.

988. The organization of this office is as follows: 1. The Solicitor of the Treasury.

2. The Assistant Solicitor of the Treasury.

3. The Chief Clerk.

The remaining force of the office is made up of clerks of the several classes created by statute, viz., those of the fourth, third, second, and first classes. Two in the higher grades of these clerks are employed in the consideration of legal questions referred by the Secretary of the Treasury to the Solicitor, or otherwise submitted, and in writing opinions for final consideration, approval, and signature of the Solicitor. Others in those grades have charge of the dockets of United States suits pending in the numerous Circuit and District Courts. They also examine and transmit to the proper district attorneys the transcripts of offi cial accounts and certified copies of official bonds and documentary evidence received from the Comptrollers of the Treasury, the Sixth Auditor, or other proper officer, for the purpose of instituting suits. Still others have charge of general correspondence and business specifically assigned,