The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-09-15

resolution of the House Of Representatives of April
%, lSIS.)
Following that letter will be found printed. the
memorandum and draft alluded TO. The draf
YVES made payable to me; and. in order to place
the deposit beyond the control Of any individua
fun ctionary whatever, l endorsed it--"The Bank
Of America will place the within amount to the
credit of ARMY ASYLUM, subject TO the order Of Con
sress"
Advised as above, the Secretary of War, on the
presentation tor payment, caused the draft to be
protested; whereby the sum of 100000 turned
over by me, in cash, to the military chest of the
army, for the current pay of the troops, and paid
ut accordingly, was sequestered to the benefit OF
| he United States Treasury. or course equal
sum saved to the Treasury out of the appro-
priation made by Congress for the current pay OF
| the troops.
That money never had belonged to the Treasury,
and the Treasury had no legal claim to il whatever.
Look at the memorandum that shows the items
out OF which the sum was made up-lst, SO OOO
| received for licenses granted by my order in the
city Of Mexico; 3D. $50 A received for tobacco
belonging to the Mexican government found in
the capital; Sd, $3s, $50 l6 taken from the contr
button levied upon the capital and 9TH, $2,650 40
saved at one Of the principal army hospitals
What claim had the United States upon either of
hose sumo? They were all, except the fourth or
smallest item, raised according to the laws Of
and the rights of conquest, for just and laudabIe
purposes, and applied, or attempted to be applied,
| accordingly.
The only title of legislation by Congress bearing
| on the subject that then existed will be found in
the 5sth Article of War, act April TO- 1906 copied
and re- enacted from the resolves Of the old Con-
gress, September 20, l776. (See Military Laws,
md rho ;,,t
GAN public stores taken in the enemy's camp,
tow ms, furts or magazines, whether of artillery, am
muniton' clothing, forage or provisions, shall be
secured for the service Of the United States.'
This is the law which, from September, l776,
when the resources of the United States were low,
down to the present time, has deprived our army
of prize money" always allowed, on sea and land,
abroad, and to our own navy. The law was strictly
complied with by me, while commanding In Mexi-
co. in respect to captured "artllery;" arms Of
every kind; "ammunition;" wagons, teams, and
pack animals; "clothing;" "forage;" and "provi-
sione," Cor subsistcnce;) but license money, cap.
tured tobacco, previously bought ty the Mexican
government for resale to its people) and con.
riGution money are not enumerated in the law.
Neither was the sum of $ll,79l 10 captured in a
military chest at Cerro Gordo. The Quartermas.
ter and Commissary departments being, however,
whole of this money, on receipts, to them, for
gular disbursement on account of the United
States Treasury.
1t is thus shown that the Treasury became DOS.
sessed of $ ,79l 1877 without any claim whatever
That large sum ought, therefore, to b. considered
as held in trust by the United States for equ
table purpose; and ] again humbly petition that
Congress may appropriate the whole to an Army
-dsylum for the worn out or decayed enlisted men
(regulars and volunteers) yet in service, or who
have been honorably discharged therefrom. not
withstanding the er post taco act chapter 1876, ap
proved March Sd. lS49.
WINFIELD SCOTT
+But for this provision, Gen. S.'s prize money, in
the war with Great Britain (lSl2-l5) would have
been $4,000, and in the Mexican war $250,OOO
His gallant land companions, like himself, could
receive not n cent in either war.
General S. here, from forgetfuIness, omitted
81 1000 more collected by him "a debt due the
Mexican government and paid over, as above to
the military chest, or Treasury of the United States
The different sums, added, make Sis, 797 10 now
claimed for an Army Asylum.