“ Unless a person in the service of the government, therefore, holds his place by virtue of an appointment by the president, or of one of the courts of justice or heads of departments authorized by law to make such an appointment, he is not, strictly speaking, an officer of the United States. ”

“ It is obvious from the language of section 1378 that the pay corps is limited to officers commissioned by the president, and that clerks and others who are not so commissioned do not belong to the pay corps. The naval regulations of 1876, a copy of which is found in the brief of the appellant, so far as relates to this matter, provide very fully for these clerks, and the manner of their appointment, but nowhere is there any mention that it must be approved by the secretary of the navy; on the contrary, it is said that 'every officer entitled to a secretary or clerk may nominate him ”

“ Section 1378 of the Revised Statutes enacts that 'all appointments in the pay corps shall be made by the president, by and with the advice and consent of the senate.' Sections 1386, 1387, and 1388 provide that certain classes of pay-masters shall be allowed clerks. ”