The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-10-31


and funny fshdried smoked, all kinds SALMON
ard ees aiow OIL all kinds OF tat oil traaol stearine
candles--taiow, stsaFine, and margarine.
. Let all concerned observe this obediently
--~
ArroEsEY GENERALS OFFICE.
Brepet Lieutesom General Scots Ca.eCongress, the
2sth OF May l70e passed entitled An act author
ing the President of the United States raise provisional
army, the fth section of which in the following words
And Be Il further eaaeed That whenever the President
shall deem il expedent he is hereby empowered appoint
by and with the advice Senate commander
the army hc may be raised BY virtue OF this act and no.
being commissioned lieutenant general be authorized
TO command the armies OF the United States and shall be
Titled to the following pay and emolunents yz Two hun
bred and fifty dollars monthly pay ty dollars monthly al
Tor forage when the shall not be provided by
the United States and forty ratons per day. money in
lieu thereof at the current price, who shall bave authority to
appoint from time To time such number OF aids not exceed
ing four, and secretaries not exceeding two as he may
Judge proper each 10 have the rank ard emouments OF
lieutenant colonel" Il Stat at Large, pp 55s, 55o)
At the late session of Congress joint resolution pass
ed approved the 10Th Of February 1885, in the follow
ing words:
" resolution authorizing the President of the United
States confer the title general by brevet for
eminent services
"Re.ord ty tie Senate onf House Of Rerreseaatve Of
the Uaed States Of Aperiea Congress assembled, That
the grade lieutenant general be- the hereby
In the of the United States in order that whep
in the opinion Of the President and senate shall be deemed
proper TO acknowledge eminent services Of general Of
the army in the late with Mexico in the mode already
provided for in subordinate grades the grade Of lieutenant
only take rank from the date OF such service services
Provided hoceue That when the grade of lieutenant
general by brevet shall been filed and have be-
come vacant this joint resolution shall thereafter expire and
be Of no effect"
Theeupon the President Of the United States nominated
General Scott the Senate be lieutenant general by bre
vet He confirmed such, and commissioned in the
following words
The President of the United States Of America to all who
shall see these presents, greeting
q Know We that l do hereby confer Major General
q army of mi and
with the advice and consent Of the Senate the rank OF lieu
general BY bevet in said army for eminent services in
the late with Mexico to take rank such from the
twenty ninth day Of March, in the year OF Lord
thousand eight hundred and the day which
Cruz and the Castle Of San Juan de Uua
And do strictly charge and require all officers and sol
diers under his command to obey and respect him according
y and he is to observe and follow such orders and drec
tons from time 70 time as he shall receive from me or the
Ulcers set him according to law and the rules and dis
pline of This commission to continue in force during
the pleasure OF the President OF the United States for the
time being.
Given under my hand the city OF Washington the
seventh day Of March, in the year Lord thousand
eight hundred and yve and in the seventy Of
{ - .sFRANKLIN PIERCE
.sBv the President
"JEFF'N DAVIS, Secretary of War"
And upon the question, whether there in force any
law fixing the pay and allowances of the grade lieutenant
general, it
Heidi The provisions Of the fifth of the act Of
May 2sh, l79s have been repealed far regards
the offices which created by subsequent statutes and
pecay by other eectualy and finally yet certainly
by that of March ID, 1921.
1t does clearly appear that the provisions of The
section Of the act of May 2sh, lz9S the pay the
grade of lieutenant general had been repealed
pressy facility by any subsequent act and the is
probably to be regarded having remained in allegiance
capable of renewed legal efficacy it that should at any
time be reestabshed, without additional legislation it's
pay and emoumens
The enactment in the joint resolution that tho "grade
.c1
quenai effect in law revive the SUCH prov
the had previously been repealed
A. But when statute revves statute grade Office it
be intended If nothing the contrary appear that the
statute provision to pay and emoumen previously
nexed to the grade Office is, by legal consequence
vived whether that provision Of the statute had been
repealed.
Hence, the joint resolution other
Of these alternative constructions Either st it intends
that the pre-extng provision of statute, which fixed the
repealed, that the Law that subject dormant await
ing the existence of Office, and person which and
to whom it should become applicable, the Office being
supplied by the resolution, and the person BY his APP
poinnent to the Office; secondly, it Intends assuming
that the statueoce Of lieutenant general, with pay
and emoumen existed but bad been repealed
fallen into desuetude to revive that for this
casion and doing resusctate the satutepay and
emo!uments of the office; and, therefore, there ia in
force law, in the fifth section Of the of May 49, 1885,
liking the pay Of the grade Of lieutenant general.
EXTERIOR DEPARTMENT.
Patents Gan,edTbc issues of patents for the week end
ing Tuesday, October 80, 1855, follows:
Patents 30
Designs
Total 50
posr orrrcE DrpARraEsr
Nec Post 06ices--The following post offices have
been established and the following named gentlemen APP
pointed postmasiers: