The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-01

The Case Of Br~vet Lieutenant-Ca General Scott.
(From the Washington Union, Oct 81.
Congress the 28th Of May 179S passed act emit
tied An act authorizing the President Of the United
States 10 raise provisional army the th section OF
which Is In the following words:
be II further enacted That whenever President
shall deem erpedent be hereby empowered 70 appot
S sed T h sSyo s and 70 e. Of ne % ne S us
beng S Ss s@iSorissd
tied to The following pay and smolumen.s, viz:
nsS Ssss sy
hy The United s,aes and forty raons per day In
70 appoint ime number Of add. exceed
Ing -four sSs " n s r mot two a. he be-
tenant colonel. q STAT. at Large, PIP. 55s 659J
At the late session Of Congress joint resolution
passed. approved on the 10Th Of February 1855, In the
following words:-
resolution authorizing the President Of the United States
to confer the title Of lieutenant general by brevet for emdent
Resolved by the Senate and House Representatives OF
sad
s s o. % and ss 1 b
proper ACKNOWLEDGE eminent services major Of
vded subordnae grades the grade Of
may be spes by and By Sreve only
however That when The said grade Of enteaaut general
this joint resolution shall hereafter expire and be effect
Ihereupon the President Of the ULited States nomna
ted General Scott 10 the Senate to be Lieutenant. general
by brevet He confirmed such, and commissioned
in the following words
The President the United States Of America who
ss y 1sst Do o on Major General Winfield
Scot Of The army Of the United states BY and win The ADVICE
breve said for eminent services in the late war with
March ia the Year Of our Lord one thousand eight hundred
and forty the day on which The United states FORCES
under bis and captured Veea Cruz and the Castle oil San
observe follow such orders and directions from
time to time, he shall receive from The future Pre
dent of the United States mersa and Other others get over
he
the President of the United states for the time being
day March The year Lord thousand eight hun
1sa nS @ an e ne % TsIf p IN
BY The rresident-JEsT's DAVIS, Secretary Of War
And upon the question, whether there il 10 force
any law fixing the pay and allowances Of the grade Of
Heidi The provisions of the 9th section of the act
of May e. 1898 have been repealed in far regards
all the offices which it created by subsequent statutes
and especially il by other eectualy and finally yet
certainly by that OF March z, 1921.
q 1t not clearly appear that the provisions of the
9th section OF the act Of May g. lTe8 the pay OF
the grade Of lieutenant had been repealed either
expressly tacitly by any subsequent act, ana the
is probably TO be regarded having remained ia
allegiance, capable Of renewed legal efficacy that rank
should at any time be reestabished without ditional
legislation es TO its pay and emoluments.
3. The enactment in the joint resolution that the
grade Of lieutenant general be revived does not
as such, provided the same had previously been re-
pealed.
A. But when statute revves statute grade or Office
i is to he intended if nothing TO the contrary appear
that the stata provision pay and emouments pre-
viouy annexed to the grade Office is by legal
quence, revived whether that provision Of the statute
had or not been epealed.
g. Hence, the Joint resolution must receive tue
other Of these alternative contradictions Either first
II intends that the pre- existing provision OF statute
which fixed the pay Of the grade of ieuena General
had been repealed that the law that subject
dormant awaiting the existence of an Office and
person TO which and to whom it should become applic
BILE the Office being supplied by the reso ltion the
person by his appointment TO the Office or secondly 1t
intends, assuming that the statute-oce of Lieutenant
General with its pay and enouments existed but
bad been repealed had fallen into uetnde to revive
that statute office for this occason in doing
resuscitae the statuepay and emouments Of the office
and, therefore, there is il force law ia the fifth
efcon of the act Of May 49, 1885, fixing the pay Of the
grade Of Lieutenant General.