The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-07-04
n, sgoote "a Tie voiuate ers.

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4. cams that the article which we punished yes
terdav morning is thought by some OF Gen. brooke
S.;ads ~ do him Injustice il SO, we are sorry Tor
: hut we have offered to publish any article
,,biccb thew nav write showing that our remarks
Contained ANYTHING false in fact unfair In state
81 nni,1st in inference, and further than this
NC cannot 90. One Of them referred us to the !
law and to the opinions or decisions of the Com
roissieo,er Of Pensions. With both of these we
were familiar before The law is plain. Section
OH &c the Act Of February 1lth, l847, declares,
q THAT each non-comnissioned officer, musician or
nrivate enlisted or to be enlisted IN the regular
army. or regularly mustered In any Voi9neer COM
banv for a period of not less than WE'VE months,
who has served or may serve during te present war
with Mexico, and who shall receive an honorable
discharge or who shall have been killed or died OF
,onds received or sickness incurred IN the course
az s1ch service or who shall have been discharged
before the expiration of hls term OF service IN con-
sequence Of wounds received or sickness incurred
&; itb course of such service shall be entitled TO
receive certificate or warrant from the war De-
nsrtnent for the quantity of one hundred and sixty
acres and which NAV be located by the Warrantee,
or his heirs at law, at any land-offce OF the United
States in one body, and IN conformity WIN iiie
local subdivisions of the public lands IN such DIS
trict then subject to private entry, and upon the
rt,lrn of such certificate warrant, with evidence
nc the location thereof having been legally MADE
to the General Land Office, patent shall be issued
therefor Upon this law it is true that the COM
missioner of Pensions decided, that those who
are discharged at their own request are not entl-
tled 10 their bounty land although the law nowhere
gives him the slightest pretence for SO deciding.
The question then occurs--did Gen. Brooke perform
only his duty in inserting in the discharge sem
fence which expressed the voluntary abandonment
Of his right by the volunteer, when no such volun-
tary abandonment had been made, merely because
the Commissioner of Pensions went beyond the
law? Is there any army regulation, or any
order from the War Department which required
him to insert the Objectionable words Was il
proper to deprive the soldier of his right of contest
ing the Interpretation of the Pension Office, by in
sorting in the discharge a clause which would pre-
clude him from making such contest!
But even admitting that the Interpretation of the
| Commissioner of Pensions might have had some
show of reason during the war, it still would no
| have justified the mode of discharge, even then
but it is altogether without any pretence OF reason
now. The 9th section of the act of February llth
l847. provides /" that the said officers, musician
and privates authorized by this act, shall be iae
didtsly discharged from the service of the United
States at the close of the lDar with MeEicO." And il
General Orders No. liz, issued at Mexico on tn
18th of May, ls49, we find" Under deep sens
! of gratitude to the Almighty, Maj. Gen. Butte
announces to the army under his command that tn
Werican agar is ended'' Can there be any show o
reason or pretence of right then for iorietlng tn
| bounty land of a volunteer, who is entitled to hi
discharge, merely because he obtains that discharg
at his own request! Can there be the shadow G
reason to make him appear to assent to the In
Justice, by the manner in which the discharge
made out
We close this article as we began it, by express
ing our regretf we have done Gen. Brooke injustice
but we cannot perceive that we have. We full
exonerate the General from any Intentions
wrong-but the blunders of public men are otte
as injurious as graver offences-and we feel salts
fled, that upon reflection, the officer in question wi
himself thank US for pointing out an error whic
might deprive many poor soldier of the little pi
lance to which, by law, he is entitled in part IT
turn for the Iabors he has performed and the danger
he has braved and survived.