why the revisory power, when called to act upon the proceedings, should not have approved the finding and sentence of the court; but that approval having been signified, they cannot avail wholly to avoid everything that has been done. The judgment of the tribunals created by the law has been pronounced and carried into effect, and the officer upon whom it operated was thenceforth unquestionably out of the service. The judgment I hold now to be irreversible. If Mr. Moorhead is restored to the service, it must be through the power of appointment, which the President will exercise according to his own sense of the exigency of the case. I have the honor to be, very respectfully, sir, your obedient servant, JNO. NELSON. Hon. DAVID HENSHAW, Secretary of the Navy. RESPECTING THE UNITED STATES MAIL AND MAIL ROUTES. It is not competent for any stage or other vehicle which regularly performs trips on a post road, or on a road parallel to a post road, to convey letters; nor may such conveyance be made by any packet-boat or other vessel which regularly plies on a water declared to be a post road, except in respect to the letters that may relate to the cargo, or some part thereof, transported by such packet-boat or other vessel. No person other than the Postmaster General or his agent can set up a foot or horse post on a road established by law. The term "packets" includes newspapers, for the conveyance of which no foot or horse post can be employed. Mail contractors have no authority to carry newspapers or pamphlets other than in the mail, except by authority of the Postmaster General, and in pursuance of a contract made for that purpose. ATTORNEY GENERAL'S OFFICE, SIR: I have carefully examined and considered the circular issued by the Postmaster General under date of the 1st of September, 1843, addressed to the contractors for the transportation of the mail, and the acts of Congress to which reference is therein made, and am of opinion upon the questions submitted to me— 1st. That under the laws of the United States, it is not competent for any stage or other vehicle which regularly performs trips on a post road, or on a road parallel to such post road, to convey letters; nor does such authority exist to warrant such conveyance to be made by any packetboat or other vessel, which regularly plies on a water declared to be a post road, with the exception of letters that may relate to the cargo, or some part thereof, transported by such packet-boat or other vessel. 2d. That it is not competent to any person or persons other than the Postmaster General, or his authorized agents, to set up any foot or horse post for the conveyance of any letters or packets upon any post roads established by law. 3d. That the term "packets," used in the acts of Congress, and in the last foregoing proposition, includes newspapers, for the conveyance of which, therefore, no foot or horse post can be legally employed, except by the Postmaster General and his agents, upon any post road established by law. And, 4th. That contractors employed in the transportation of the mail have no authority to carry newspapers, magazines, and pamphlets, other than in the mail, except by the authority of the Postmaster General, and in pursuance of a contract made for that purpose. The first proposition I have stated substantially in the terms of the 19th section of the act of the 3d of March, 1825, entitled "An act to reduce into one the several acts establishing and regulating the Post Office Department." The second is sustained by the clear and unequivocal language of the 3d section of the act of the 2d March, 1827, entitled "An act amendatory of the act regulating the Post Office Department.' The third affirms that the term "packets," used in the act last referred to, includes newspapers, and this will be rendered apparent apart from the meaning of the term by a collection of the provisions of the act of 1827 with those of pre-existing laws upon the same subject, but which are not now in force. The 14th section of the act of the 20th of February, 1792, enacts "that if any person other than the Postmaster General or his deputies, or persons by them employed, shall take up, receive, order, despatch, convey, carry, or deliver any letter or letters, packet or packets, other than newspapers, for hire or reward, or shall be concerned in setting up any foot or horse-post, wagon or other carriage, by or in which any letter or packet shall be carried for hire on any established post road, or any packet or other vessel or boat, or any conveyance whatever, whereby the revenue of the General Post Office may be injured, every person so offending shall forfeit for every such offence the sum of two hundred dollars." The same provision, substantially, is found in the 14th section of the act of the 8th of May, 1794, which prohibited the establishment, upon private authority, of any foot or horse-post, stage-wagon, or other stagecarriage, on any established post road, or any packet-boat or other vessel to ply regularly between one place and another, between which a regular communication by water should be established by the United States, and the conveyance thereby of any letter or packet other than newspapers, magazines, or pamphlets, &c. The act of the 2d of March, 1799, contains the same prohibition, reenacted by its 12th section in almost the same terms, and excepting from the operation of the prohibitory clause letters or packets, newspapers, magazines or pamphlets. So, also, by the 16th section of the act of the 30th of April, 1810, the like prohibition is imposed upon the establishment of private foot or horse-posts, &c., for the conveyance upon the routes designated, letters or packets other than newspapers, magazines, or pamphlets. As the law stood, therefore, when the act of the 3d of March, 1825, was passed, it is quite clear, that whilst "no private foot or horsepost, stage-wagon, or other stage carriage, or sleigh, on any established post road, or from one post town to another post town, or on any road adjacent or parallel to an established post road, or any packet-boat or other vessel to ply regularly from one place to another, between which a regular communication should have been established by the United States," for the conveyance of letters, could have been legally set up. "Newspapers, magazines, or pamphlets," might, in virtue of the exception in the laws referred to, have been so conveyed; and as the act of 1825 made no provision whatever upon the subject of private posts, and repealed all preexisting laws "for the establishment and regulation of the General Post Office," the right to establish such private posts then existed without restriction. The act of 1827, however, revived the prohibition to which I have referred, without the exception of newspapers, magazines, or pamphlets, contained in previous laws; extending its restrictive operation to allfoot or horse-posts for the conveyance of letters or packets (all packets) upon any post road which is or may be established by law." The 19th section of the act of 1825 had inhibited the conveyance of letters by stages or other vehicles, or by packets or other vessels, under private authority; and the additional enactment of 1827 extended the inhibition to foot and horse posts, upon post roads, and embraces within its interdict the conveyance of letters and packets, omitting the exception of "news. papers, magazines, or pamphlets." The fourth proposition refers to the restrictions imposed on contractors, who are forbidden to carry newspapers, magazines, or pamphlets, other than in the mail, except by the authority of the Postmaster General, and in pursuance of contracts made for that purpose. This is specially provided by the 30th section of the act of 1825, which in this respect is but a transcript for the 22d section of the act of 1792, the 22d section of the act of 1794, and the 27th section of the act of 1810. The restraints and prohibitions to which I have referred are qualified, however, by the 19th section of the act of 1825, as they were by all the previous laws, by the salutary proviso that "it shall be lawful for any one to send letters by special messenger." In thus briefly responding to the inquiries propounded by you, I have cautiously abstained from the expression of any opinion as to the policy of the enactments for the regulation of the Post Office Department. I have sought only to ascertain what those laws are, leaving it to the proper authorities to amend them if believed by them to be defective. Until changed by those thus competent to deal with them, I need not say that it is the duty of the Executive to enforce all their provisions I have the honor to be, very respectfully, sir, your obedient servant, JNO. NELSON. To the PRESIDENT. PENSIONS TO WIDOWS OF OFFICERS, &c., IN THE MARINE CORPS. The widow of the late Captain Elijah L. Weed, of the marine corps, holding the office of quartermaster, and entitled to sixty dollars per month, at the time of his death, is, in the opinion of the Attorney General, entitled to half-pay. But, as a committee of the Senate have taken a different view of the law, and have made a report against her, a gratification of the claim is not recommended to be made until a legislative interpretation shall be given to the laws. ATTORNEY GENERAL'S OFFICE, SIR: The case of Mrs. Julia L. Weed, which, by your communication of the 8th instant, was referred for my consideration, has been carefully examined. The claimant is the widow of the late Captain Elijah L. Weed, of the marine corps, who died in the naval service on the 5th of March, 1538. At the time of his death he was quartermaster of the corps, and held the lineal rank of captain; and the question submitted to me is, "what is the rate of pension to which Mrs. Weed is entitled ?" To determine this, it is necessary, in the first place, to ascertain the nature of the appointment held by Captain Weed at the time of his death. He was a quartermaster under the provisions of the act of the 30th of June, 1834, the first section of which enacts that the marine corps shall thereafter consist of one colonel commandant, one lieutenant colonel, four majors, thirteen captains, twenty first lieutenants, twenty second ieutenants, one adjutant and inspector, one paymaster, one quartermaster, one assistant quartermaster, one sergeant major, &c. The 6th section of said act provides that the staff of said corps shall be taken from the captains or subalterns of the corps; and the 7th section requires that the appointment of officers, authorized by that act, shall be submitted to the Senate for their advice aud consent. It is quite clear, therefore, that Captain Weed, assuming him to have been regularly appointed, was at the time of his death not a captain, discharging the duties of a quartermaster merely, but a quartermaster, nominated, confirmed, and commissioned as such. The next inquiry is, what was the monthly compensation of a quartermaster in the marine corps on the 1st day of January, 1835, the period designated by the act of the 3d of March, 1837, as fixing the amount of the pensions to be allowed under its provisions? The act of the 30th of June, 1834, already referred to by its uction, declares "that the officers of the marine corps shall be entitled to and receive the same pay, emoluments, and allowances, as are now or may hereafter be allowed to officers of similar grades in the infantry of the arm, except the adjutant and inspector." The act of the 2d of March, 1821, section 5, provides, in reference to the same grade of infantry in the army, "that there shall be two quartermasters, with the rank, pay, and emoluments of majors of cavalry." The 2d section of the act of the 12th of April, 1808, prescribes that the pay of majors of cavalry shall be sixty dollars per month. Quartermaster Weed was, therefore, unquestionably entitled, as the law stood, on the 1st day of January, 1835, as well as at the period of his death, to compensation at the rate of sixty dollars per month. How was he entitled to it? As a captain discharging the duties of a quartermaster, and receiving the increased allowance for extra services? By no means; but as quartermaster, irrespective of his lineal grade, regularly appointed and commissioned. It was not necessary, under the act of 1834, that the deceased should have held the rank of captain in the line, to render him eligible as quartermaster. The President was equally competent to appoint a subaltern to that station; and, if so appointed, such subaltern would have been alike entitled, as quartermaster, to sixty dollars per month, which could not have been the case had it been the purpose of the law to promise an extra compensation for the service, and not to provide a remuneration for the office. And this design is rendered strikingly apparent by the 7th section of the act of 1821, already quoted; which, whilst it declares that quartermasters shall receive the pay and emoluments of majors of cavalry, provides for ten assistant quartermasters, who "shall, in addition to their pay in the line, receive a sum not less than ten dollars, nor more than twenty dollars, per month, to be regulated by the Secretary of War." Having thus ascertained the extent of compensation to which quartermaster Weed, under the act of 1835, was entitled, and that he was so entitled not as captain, with an extra allowance for extra service, but in virtue of his appointment and commission as quartermaster, I will advert to the provisions of the act of the 3d of March, 1837, by which the claim of Mrs. Weed is to be graduated. The 1st section of that act de clares, "that if any officer, seaman or marine have died, or may here. after die in the naval service, leaving a widow, and if no widow a child or children, such widow, and if no widow such child or children, shall be entitled to receive half the monthly pay to which the deceased would have been entitled under the acts regulating the pay of the navy, in force on the first day of January, one thousand eight hundred and thirty-five, to commence from the time of the death of such officer, seaman, or marine." I confess that I cannot detect the slightest ambiguity in these terms. They are plain, clear, and definite. They give to the widow, &c., one half of the monthly pay to which the deceased would have been entitled had he lived and continued to discharge the duties of his office. Now who can doubt, if quartermaster Weed had lived, and continued to discharge the duties incident to his appointment, that he would have been entitled to receive a compensation at the rate, for pay, of sixty dollars per month? And if this be so, the unequivocal language of the law would seem to settle the question under consideration. I am prepared, therefore, to say, that but for the action of a former Secretary of the Navy and of the Senate of the United States upon this claim, I should be undoubtingly of opinion that Mrs. Weed was entitled to her pension, at the rate of thirty dollars per month. But this question is not res integra. It has been settled by a former Secretary of the Navy, and his decision has received the sanction of the Senate upon the deliberate report of one of its own committees. Under these circumstances I cannot recommend the gratification of the claim by the Executive. It is a case proper for legislative interpretation, and one in which, in the view I have taken of the various laws applying to it, I do not think Congress would hesitate to interfere. The papers accompanying your communication are herewith returned. I have the honor to be, very respectfully, sir, your obedient servant, JNO. NELSON. Hon. DAVID HENSHAW, Secretary of the Navy. CONTRACTS FOR SUPPLIES FOR THE NAVY. Since the act of the 3d of March, 1843, the Secretary of the Navy is not competent to renew a contract which has expired, without advertising, as is required by the first section of that act; nor is it competent for the department to pay to the contractors upon forfeited contracts the ten per cent. reserved as collateral security, whether the same has been reserved on original or renewed contracts, ATTORNEY GENERAL'S OFFICE, SIR: I have examined the contract accompanying your communication of yesterday, the resolution of Congress of the 10th of February, 1832, and the act of the 3d of March, 1843, and have considered the effect of |