s issued.

Now, while it is entirely proper that the interest of the purchasers in
these lands should share the burdens of the communities in which the
lands are located, the title of the United States and the beneficial
interest of the Indians in the lands should not be subjected to sale for
the delinquency of the purchasers in paying tax assessments levied upon
the lands. The effect of the provision which has been quoted would, in
my opinion, give to the purchaser at a tax sale a title superior to
the lien of the Government for purchase money. The bill should have
contained a proviso that only the interest of the purchasers from the
Government could be sold for taxes, and that the tax sale should be
subject to the lien of the United States for unpaid purchase money.

BENJ. HARRISON.

EXECUTIVE MANSION, _September 30, 1890_.

_To the House of Representatives_:

I return herewith without my approval the joint resolution (H. Res.
No. 39) declaring the retirement of Captain Charles B. Stivers, of the
United States Army, legal and valid, and that he is entitled as such
officer to his pay.

Captain Stivers was dismissed the service summarily by order of the
President on July 15, 1863. A subsequent examination into the causes
leading to this action seems to have satisfied the President that an
injustice had been done to the officer, and on the 11th day of August,
1863, an order was issued revoking the order of dismissal and restoring
Captain Stivers to duty as an officer of the Army. On December 30, 1864,
by a proper order from the War Department, after examination, Captain
Stivers was placed upon the retired list of the Army.

The Supreme Court has decided in the case of The United States _vs_.
Corson (114 U.S. Reports, 619):

First. That at the time of the issuance of the order of dismissal the
President had authority under the law to summarily dismiss an officer,
and that the effect of such an order was absolutely to separate the
officer from the service.

Second. That having been thus separated from the service he could not be
restored except by nomination to the Senate and its advice and consent
to the appointment.

Mr. Garland, as Attorney-General, gave an opinion to the Secretary of
War in the case of Captain Stivers, based upon the decision of the
Supreme Court to which I have referred, holding that Captain Stivers
was not an officer on the retired list of the Army. The present
Attorney-General, wi