The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-04
Washington.
(Corres ,ondencs Of the Herald.l

WAsB,scros, March 2, 1912.
The senate-NOmination OF Mr.. Clay-Gen n.
Scott and the War Department.
The morning business of the Senate was not of
much importance to-day Nearly the whole session
was consumed by Mr.. Wright, in a speech support
ing his amendments to Mr.. Clay's resolutions, and
replying to Mr.. Clay's yesterdays effort
Arrangements are in progress here. in connection
with the politicians in several Of The States, to bring
Mr.. Clay out for the Presidency in the month of
April. He is to be nominated by State cenven-
tion IN New York, about the middle of next month.
North Carolina is to follow suit, and several other
States are to fall In as early as practicable The OBJ.
ject is to commit the wings to Mr. CLAW. and To TAX
advantage OF the present organization of the party
inere seems TO be some doubt as to the candidate
for the Vice Presidency. II is rumored that Mr.
Talmadge isto be the man; but this conflicts with
another rumor, that he is pledged to support Presi-
dent Tyler. However, MI. Tallmadge is man of
extraordinary versatility, as well as ingenuity, and
ne would have no difficulty in maintaining two an
tagonst political positions at the same time.
The affair Of General SCOTS claim for extra pay,
which was mentioned in late letter, has awakened
the attention Of Congress, and called out Mr. Albert
M Lea, ex-chief clerk OF ex War Secretary Bell,
and who acted for few days as Secretary of War,
during the interregnum between Bell and Spencer.
Mr.. Lea, in to-days Intelgencer, assumes the
responsibility" Of having reversed the decisions
against General Scott. But Mr.. LEAFS newspaper
flourish does not drown the charge, nor does prove
that General Scott really originated or executed apy
thing worth double pay, had he not been forbidden
by authority paramount to even that OF the President
the great authority of law, to take such double nav:
neither does II prove that General Scott was not in
Tact, paid twice as much for being ready to fight and
Tor not lighting, as he could have demanded had he
fought, and bled into the bargain At present it is
only the treasury that beeds, and the General pock-
cts the difference. The negotiation bis friends so
boast of was about as hard to gain young ladys
consent in words after che had given it in actions
1t was previously well understood that such an ar
rangement as he consummaied was to be made;
and 60 well understood that the Cherokees were
somewhat chagrined, it is said, at the delay end
suspense created by requiring technical adjust.
ment, the reasons for which they were puzzled to
comprehend.
Mr.. Lea tries to smother the true question under
the circumstance that the commission to General
Scott was not recorded in the War Department; that
hence it was not known to those whose unfavorable
opinions created the difficulty first encountered by
General Scott, and that the moment the commission
appeared the objection vanished. Now, in answer
this, here is the first opinion Of the Attorney Gen.
eral, and clause regarding that every commission,
which will be found in the second one. by which it
will be that the production of the actual CON-
mission made sort of difference with the official
law adviser of the Department =
..,. ...... FIRST OPINIONS.
Extract from the decision Of attorney General Felr
Crundy dated December 22d 1885," General Scott is
military officer ia the regular service and pay of the
United States and on the Oh of April 1885, General
Mscomn his superior officer by his order (Which
General directed him to repair the Cherokee
country and there to discharge those duties which pro-
s. On the 2sd of May 1885, the city Of War authoris
ed General Scott to enter into arrangements with the
Agent Of the Indians for their removal On the 2h of
june 1885, he directed BY the Secretary of War to
superinend the removal ofths Indians. il understood
that General Scott faithfully discharged all the duties
day for the services redered these orders in add
ton to his pay and emolunents a. msjor general in
s sned e
claim thus preferred by him ("
ira allowances or compensation to officers of the army
seems to me to be cbvated by the provso to the
Sd March, 1885, which, upon proper construction in
consideration That provso declares that officer of
the army shall receive any per cent additional pay,
extra or compensation in any form whatever
on account OF the disbursng any public money appro
prsted by law during the present session. for forca
ons, execution Of surveys works OF internal improve
ment building OF arsenas purchase of public supplies
Had the proviso stopped here it might have been in
sisted theis whole operation was confined to sppropr
t1ons made at the then session of Congress- but the
following general and comprehensive expression is
added-"Or for any other service duty whatsoever,
at appears that Congress intended by this sx.
preston to conne military officers to their regular pay
and emoluments, and not to permit them to receive
might not be considered by them in the strict line Of
military duties ErecuUe Document 49, I'd session. a6
Extract from the Decision Of Attorney General Feir
Grumpy dated February U.s. 1881 have the honor to &C
knowledge the receipt Of Of the 7th in tant
closing General scots letter. All the view and srru
ments presented by him, considered before my
that the fact Of his appointment by the President as
commissioner to make arrangements with the Cherokees
for their REMOVAL was not known at this Office That
the act of the Sd of March, 1885, operates upon the claim
set up by General Scott acting under such appoint.
ment, fully If he had acted without it, Such am
Of opinion is the fair construction of the act Of Con-
gress nor do any reason, in the nature of this
claim, why tshould be exempt from the full operation
sion, 96th Congress, page l24l.
Mr.. Lea says, MIR. Secretary Spencer knew no.
thing Of the matter We ask then was General Scott
paid previously to Mr.. Secretary Spencers coming
into effect Did not Mr.. Secretary Spencer sign the
order under which the payment was made I Surely
gentleman of whose abilities, great they may be-
| Mr.. Secretary Spencer did not think well enough to
| continue him even in a place subord nate to the
high one he held as stop gap and whence he utter.
I'd his oracles,-surey this same Mr.. Lea was not
| to guide MIR. Secretary Spencer bindly in question
of so much Importance and which had been so
grayely weighed by the fret law officers OF the and.
1t is said, (but we have not yet had time 10 look into
the entire case. and can therefore only speak vague.
ly.) that some years ago General Eaton rejected a
decision which had been made by recent Sec.
preceding hm,as Mr.. Substitute Lea did Mr.. Secre-
tary Spencer, and who, like Mr.. Lea in the case Of
General Scott, had favorably reversed a previous
decision against claim by General Parker, the pre-.
sent chief clerk Of Mr.. Secretary Spencer;-so all
Secretaries do not deem themselves bound to be leo
by the nose thus i! he does; especially when they