United States v. Eaton
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. In October, 1890, Sempronius H. Boyd was commissioned as minister resident and consul-general of the United States to Siam; he qualified and proceeded to his post, and was in Juné, 1892, engaged in the discharge of his official duties. At that time, being seriously ill, Boyd was granted by the President a leave of absence.
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APPEAL FROM THE COURT OF CLAIMS. In October, 1890, Sempronius H. Boyd was commissioned as minister resident and consul-general of the United States to Siam; he qualified and proceeded to his post, and was in Juné, 1892, engaged in the discharge of his official duties. At that time, being seriously ill, Boyd was granted by the President a leave of absence. Before leaving Bangkok, Siam, Boyd, to-quote from the findings of fact, “ believing his illness would terminate fatally, and being desirous to protect the interests of the Government during his absence and until the then expected arrival…
1Opinion of the Court
Mr. Justice "White,
after making the foregoing statement of the case, delivered the opinion of the court.
The errors relied upon to obtain a reversal rest on three contentions: 1st. That the appointment of Eaton as acting vice-consul was without warrant of law, and hence not susceptible of ratification by the State Department. 2d. Even if the appointment was authorized by law, the statute conferring the power was in violation of the Constitution of the United States. 3d. Because, even conceding the appointment to have been valid, the court allowed a sum in excess of the amount which the…
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