The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-06
General Scotts Back Pay.


SRI return herewith the various papers submitted to
ne Oh the 18th instant for my decision in relation to the
allow ance, under the resolution Of February IT, 1856
In the adjustment Of tie account let be assumed that
SO I e. sna # a & ns 9TH
reaed 0hough it may have been modifedD or II re-
pealcd was revived by the resolution Of February Is,
| 1853, and Is now in force.
3D. That the resolution Is retroactive in its operation
90 The extent and manner Of its operation are to be
ordinate grades" in other words, ''by extending by
analogy the laws determining command in the lower
tied TO the pay and allowances his brevet rank since
March 49, ls47 during such period in time of he
have been On ms Of the
| command Of not less than eight regiments.
4th Brevet Lieut. Gen scott's pay and allowances
time draw allowances for two.
Sb: If the provision of the 9Th section
| pealed, it remained the statute book subject to
omendatory provisions If having been repealed it
evhed by the resolution of February 1856 any amen
qso'y Or explanatory nsres.ns would attach n ,s,a
and that OF March is4s ne 'a
The phrase all officers" and that Of general Off
cersn in the laws last referred 10 each includes
lieutenant general Ivy uni ersay and they modify the
pre.exsng law as to bis forage, whether that Law be
sal en- at now in iorce by repeal or by revival
Therefore, in time of peace he is limited to S24 per
| month for forage.
9th. The number Of horses for which general officer
may draw forage during service in the field Is not fixed
by statute but by regulation Ia relation lieutenant
general there no but for the present and for
| This case establish the number Mt seven.
7h AS rations the act Of l7ss allows forty per day
'or money in lieu thereof at the current price 'Cur
rent price, means the price at the time the claim of al
arises and that during the period In question
| was twenty cents per ration by satute
lcwance Of double ratlon in this case No existing re-
gu,ation authorizes it, and ! make none The act OF
il obvious from careful animation does not tend
TO- modify change this result, which, consequently,
viii be two hundred and forty dollars month for ra-
stb Nothing is said as to servants the act Of 1898
At that time this must have been the subject Of regua
tion and the lieutenant general would have been emit
tied TO such number might be prescribed BY the War
Department. In virtue Of subsisting acts Of Congress
Opinion Of Attorney General Writ June 80 1881 The
power Of the President TO make regulations the sub
jcct in the absence Of statutes and the validity Of
ng Sy e . July sia Whsn b.
the act of 1879 officers forbidden 70 employ soldiers
as servants, four walters we're allowed to major
The archives Of the War Department known to be
even II the records do not show Whit number Of
wants the lieutenant general entitled TO- It Is just
TO presume the absesce 81 such evidence that the
number could not have been less than that afterwards
allowed to a major general by statute. and therefore
establish that the number TO be recognized in this
only clearly Implied in The &C. Of isi2 Above referred
| TO. but also in the act approved April "a, 1sl6.
o. Az to fuel and quarters, do not propose 10 make
any decision at present other direct the ac-
counts Of Brevct Lieutenant General Scott in that re-
4 nxpg the pay and cmoiufnents OF major general.
Hon JufERsoS DAVIS, Secretary of War, Washington,
| IT.
STATEMENT or IdErTFyAST GENERAL Seor's ACCOUNT A
s11T I'D TIE WAR DEPARTMENT, N ACCORDANCE
| TIE IpCisioS The PRESIDENT.
FAY General Scott from Goth March 1Si to 3ist Of
Avg 1Sls-1T months days at $50 per month 1855 o6
TO from 10th Nay, ls4a, to Goth Sept, 1885,
20 months % Gays, AZ ss0per month. 1856 81
| Subsistence from Goth March, 1Si7, 10 31st OF
/ August, 1s4s.-522 dsys-10 rations per day
$50 ratons, at 20 cents. 1o4l 90
Do hom 10th May, 1912 10 goth September.
/ lste-2,3 35 ds,s-1o raticns rer dsy-23,30
raticns at 20 cents 1870 90
| Inference between pay, &c, Of Lieutenant Cen
eral and MsJor General. $40, 4o5 81