When it
is considered that after finishing his pie the sergeant came out to
the stage so nearly the exact moment of the theft that, though badly
mounted, he was able to approach near enough in pursuit of the fleeing
thief to exchange revolver shots with him, it is quite apparent that the
loss might have been prevented if the paymaster had remained a short
time by the stage when he saw it unprotected, or had taken the valise in
with him, or promptly diverted the attention of the sergeant from his
pie to the money which all had abandoned.
When, therefore, it is said that this loss can be charged in any degree
to the neglect or default of the Government, it is answered that the
direct and immediate cause of the loss was the omission on the part of
this paymaster of the Government, in whose custody these funds were
placed, of the plainest and simplest acts of prudence and care.
The temptation is very strong to yield assent to the proposition for
the relief of a citizen from liability to the Government arising from
conduct not absolutely criminal; but the bonds and the security wisely
exacted by the Government from its officers to insure proper discharge
of public duty will be of very limited value if everything is to be
excused except actual dishonesty.
I am thoroughly convinced that the interests of the public would
be better protected if fewer private bills were passed relieving
officials, upon slight and sentimental grounds, from their pecuniary
responsibilities; and the readiness with which army officers join in
applications for the condonation of negligence on the part of their
army comrades does not tend, in my opinion, to maintain that regard
for discipline and that scrupulous observance of duty which should
characterize those belonging to their honorable profession.
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