The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-19
Pc S T s C RI P T.
Washington.
ICorr,spondepce Of the Heraid.l

Washington.
ICorrsp oudenee Of the HERALD
WAsuISaroS, March IL, 1912.
Proceedings In the washington Let
ter Writers-Gen. Scott and the War De-
partment.
After the presentation of petitions, and the trans
action OF some business Of little public importance
in the Senate this morning, Mr.. Merricks PROPOSE
tion TO establish, an additional joint rule that no
amendment shall be made in either House to the ge-
neral appropriation bills except to carry out objects
provided for by existing laws. except for contingent
expenses and compensation to persons employed by
the two Honses was taken up.
This matter was discussed until the expiration oil
the morning hour when Mr. Clay's retrenchmeAt
aud reform resolutions were taken up. Mr.. Evans
occuoied the floor until near the hour OF adjourn
ment. when the senate went into executive session
and shortly afterwards adjourned
The New York public ought TO be cautioned
against the preposerous mis-statements Of the Wash
ineton correspondents Of some of your city papers
The writer for the Tribune, who will crowd more
fslsehoods int given space than any man extant,
always excepting the correspondent Of the
Courier IL Enquirer. stated that there was
a vigorous effort making to defeat the con-
hrmation of Mr. Graham, and that depu-
tation had arrived from New York to operate
against him. To this story it need only be said that
the nomination Of Mr.. Graham was laid on the ia
BILE, at the instance of Mr. Wright in order to hear
from New York-,hat no remonstiances were heard
from there-no effort was made against him here,
NO man raised his voice against him in the Senate,
and he passed without division, which is equiva-
lent to unanimous confirmation.
The writer for the American says Mr.. Tyson, of
Phi'adeiphi will be rejected unanimously. This
assertion 10 wholly without foundation. AT least
one hall Of the Wings will vote for him, and the re-
salt very doubtful If the democrats generally 60
against him, he will be thrown out, but if ten Of
them give him their support, his confirmation is GER
tain. These are small matters, blu, it is neces-
sary to correct occasional Misrepresentation OF
these writers, or they would get beyond the bounds
OF reason and probability
The response to the resolution Of the House, call
ing upon the Secretary Of War for information re-
speeding the extra allowance to General Scott was
received, and referred to the Committee on Public
Expenditures, several days ago. The indecacy of
Scott in pressing through his claim. while there
was mere ocum tsnens at the head of the depart.
ment, and the presumption of the clerk acting as
secretary, in deciding upon twill be matter for COM
ment hereafter We have now to do with the Sec.
Tetary Of War; and his answer to the call of Con-
gress. The issue made will be triumphantly sus.
IAined-that on the Hon. Secretary Spencer de-
wolves the responsibility of having displayed repre-
hensibe eagerness to pay over, without examina.
ton, to General Scott, $1,000, in the shape Of
extra allowance or double salary for which his pre-
deceseors could find no Ia,o appropriation, and
m reference TO which money, it had been deter
mined by the highest law officer OF the executive
and is still elsewhere said by competent authority,
that General Scott had no right either in ls,c on
equity."
And in this category, were it not for the prece-
dent and example Of his name and position, the |
General might be dismissed, in his own words, as |
much in want OF money"
Although the answer of the War Department to |
Congress is entirely Jesuitical-telling much Of ne
cessty-yet concealing moro Of choice, as will |
hereafter appear-nevsrtheless, the points of the /
case sufficiently upheld. BY this it appears
that, on 18th October, 1872, General S. was paid |
1882, as commissioner to treat and make ar
nngements with the Cherokee Indians PA days"-
from llth April 1888, TO 10Th December following,
at 80 day, he having been at the same time in re.
ceipt of his full pay and emoluments Of office as
major-ge neral OF the United States Army. Nor |
was this ALL as the answer shows that he had been
previously paid S35S II for the same 6" PA days
Z" for erta expenses incurred ,chle acting Commits
siomsr under the Cherokee treaty and "or icaich no
vouchers hrve been produced" This latter sum the
Commissioner of Indian Affairs thought sol.
though the account Is general" he ought TO be
paid, but the allowance subsequently made by
Mr. Spencer, he repudiated, On the ground that
General Scotl's duties were strictly military-oher-
wise Incompatible with the arrangements of the
War Department-and that any extra allowance was
forbidden by law, as well as unprovided for by any
fund applicable TO the demand.
This view was fully sustained by two separate
opinions Of Attorney General Grundy.
On the 18th December, 1888, Mr.. Poinsett, Secre-
tary Of War, enclosed without comment, to Gen
Scott, the report Of the Committee Of Indian Af.
fairs, and the opinion Of the Attorney General
On the 10Th January following, General Scott
replies IN a long argument, wherein he assumes
the ground that there is nothing in the Con-
sktafion ia,os ,chch prohibits the union" of the
two appointments, and asks that his claim be re-
The Attorney General repeats his first
opinion more emphatIcaly, and adds that the fact
Of his, General Scou's) appointment as Commits
sioner by the President, produces no change in hi,
,pinion, and that he thinks Cen S. has not suep an
,qxtaNs ciaim for the eight dollars per diem claim.
ID by him while engaged in the service"
Ia February 1889. Hon. J. r.. Poinsett, Secretary
4 War, requests the Hon. Silas Wight, jr. Chair
nan Committee on Finance, Senate, to insert in the
roper appropriation bill item to pay this claim.
few days thereafter the Hon. s. Wright appears
O have asked whether &C. there was any contract,
hat, in addition 10 his pay and emcluments
IS an officer Of the army, he should receive
. per diem allowance as commissioner to treat
With the Indians" The Secretary is obliged
@ admit-"There was no such contract" This ef
lori at an appropriation from Congress appeared to
have thus failed Nevertheless, on the 9Th October,
ISL, Gen Scott presses the claim through Mr. Lea.