University of Virginia Library

TO WILLIAM H. CRAWFORD.[125]

Dear Sir I have recd. yours of the 20th. inst.
The claim of Mr. Knagg involves an important
question:—what is the effect produced on the salaries
of persons made prisoners by an Enemy by &
during their captivity?

Civil officers are of two classes. 1. Those holding
during good behaviour.

2. Those holding during pleasure.

Whilst the officers of the Ist. class continue and
the officers are not removed in the mode authorized,
the salaries are legally due, and cannot be withheld

by the Ex: authy.: and it is understood that neither
the capture of the officer, nor even the capture of
the office by that of the place including it (unless
peace shd. transfer the right to the possessor) annuls
the office. The former suspends the functions of
the officer, and the latter the office itself. In the
former case temporary provision when necessary
can only be made by the Legislative authority.
In the latter case the temporary provision will
depend on the conqueror.

With respect to officers holding during pleasure,
their claim to their salaries appears to be legal,
whilst their offices continue, and no removal, or
other appointment involving a removal takes place.

The claim of W. K. then depends on the question
whether his two appts. or either of them was of a
nature to cease with the capture of Detroit and of
himself, and if not whether, as no direct removal
appears to have taken place, any other appointment
was made, actually superceding his.

The latter is a simple question of fact to be decided
by the evidence in the Dept.

The former question must be decided by the
character of the appointments in the eye of the law.
Is that of a deputy Indian agent, an office which
would be vacated only not extinguished by the death
removal or resignation of the person exercising it;
or a personal agency ceasing with the non-exercise
of it? Is the appt. of Indian Interpreter, in like
manner, an office & an agency, as so distinguished?

Not finding it convenient in my present situation

to examine our laws fully in relation to these appts.
and aware that there is merit often in discriminating
between an office & an agency I cannot do better
than request you to communicate these observations
with the interesting ones contained in your
letter to the other members of the Cabinet at Washington;
and transmit me the results of a consultation
on the whole subject. Should there be no difference
of opinion & delay be inconvenient it may be
acted on, without hearing further from me.

Genl. Hull presented some time ago a claim for
two salaries during his captivity, and pressed
strongly the reasoning which gave most color to it.
His military claim I believe was viewed in a different
light from his salary as govr. at the time when he
was charged with the Expedition which had so
unfortunate an issue.