[221] *Mr. Gushing to Mr. McClelland, Secretary of the Interior.
August 24, 1855.
Sir: Your letters of the 2d and 15th instant refer to me for consideration certain accounts of expense incurred in watching the steamers United States and Ocean Wave in the port of New York.
It appears that these services were performed in execution of orders duly and lawfully given by the President, through the customary arid proper channel of the State Department, to prevent the departure of the steamers in question, they having been chartered by Henry L. Kinney and Joseph W. Fabens for an alleged military expedition against the republic of Nicaragua, undertaken in violation of an act of Congress.—(3 Stat, at Large, pp. 447–449.)
It is undeniable, therefore, that, assuming the service charged for to have been performed by these parties as charged, reasonable compensation therefor is due them on the part of the United States.
Before examination of the accounts is entered upon, however, it is necessary to determine to what department jurisdiction of the subject belongs.
I think you have rightly conceived that the accounts are not of matters chargeable by their nature to the appropriations for judicial *expenditures, and, therefore, not of the resort of the home department. [222]
Inasmuch as the orders for the service emanated from the Department of State, and were issued for the maintenance of the neutrality of the United States, it seems very clear to me that the accounts are chargeable to appropriate funds placed by law at the disposal of the Secretary of State for objects of foreign relation.
I have therefore inclosed the papers, with a copy of this opinion, to the Secretary of State.
I am, very respectfully,
Hon. Robert McClelland,
Secretary of the Interior.