New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-07
Neru9lork Daily Gribnme
GENERAL SCOTS BACK PAY.
pIERCE.s DECISION.

NAshlNGToN, honday, ~. ~, Ieoo
SIR; return herewith the VA ,ous papers Submitted
10 me on the l2 Instant for my deision in relation
20 the claim Of bieyet LoG'enan' gene al Sco,t for
dsy ana allowance. inGtr the nsoluiol OF February
IS 1855 In the adjustment of the cunt, lex Il be
~ sumtc that 80 faI PAY aud emolumsots arc CON
ct,uet tie NTH section Of the n. OF May - l7ss
,ill.r wss never repealed, though il my have oeer
r,ooifeS } or If repealed. was revived by ;hs resolg-
non OF iebiusIy IS, 1855. and Is nov IN force.
Second That the resolution Is etroac;iye ID Its o.
ersiion.
lind: The extent anil marrer OF its operation are
10 &c determined by the "mOJe already provided for
"iL suhor inaie grades; in o:hSr words, 'by ex-
"teLdrg, by anslcsy The laws ernling comm nd
"iu he lower gr62es. Breyet Litut-seD. Scott Is,
therefore, entitled 10 tie pay and allowance o! his o.e
vet rank since March -, 1876, dGing such period in
time of peace be may have besn on duty a. con.
mandng general of the army, snd at 81 times when
on .ervioe in the hed VITA command OF no, less Il An
eight regiments.
Fouid, Breve, Lieut.. gen. SCOTS pay ana allow
Al ces must be computed for one grade. tie cannot -
tie saue time draw allowance for tw1.
FYnh. Ii TIE proytion OF t1e mn se,.ou was never
repealed il remained on lie sStUt9 book, sucec, 20
sneLdstor proyisiors. Ii, having been tled, II
was revived by tho resolution Of February, 1885, any
sntpdatory or explanatory provisions would attach 10
il. Two statutes apuly TO the case that OF July p!
1873, ard that Of March g. iei5.
The phrase all officers snd that of general OIL
GERS in the laws lsst IT terrej 10 each Includes a
Eeutensut-go1erol ty universally, and they mocity
the rreexsting Law TO forage whehe; that law be-
token as row in force by Con repeal OF byIeasa-
Therefore III time OF peace he IL hmi Ell to twenty
four dollars per moCih for forage
Ssrth. The number of horses Tor which general Off
Ger msy draw for ae during service IN the ned not
fixed 6y statute, but by regulation. In relation Y
leutcnsrt general there Is no regulation out for The
ritsen, and for this case cstabhsn the number a.
Nrenh As to raticns the nc, Of liYs allows forty per
dav or money in heu thereof AZ the cuuent price,
"Cuucut price meals The lIi,e at tue time the claim
Of allowance arises and thst during tieperod in qGes
ton was twenty cents per iatiOn by statute.
No existing statute makes any provision Tor the al.
loBance OF double rdu0rs IN us case. No existing
regulation Authorizes IT, al make Inc act OF
ills, coupled with that Of 1897 aud that of March,
lsC2 il is obvious from careful examination, does not
tefd TO modify or change this result, which cense-
cuentlv. will be two hundred and forty dollars per
month torrations.
Eiobfh Nothing is said to servants ia the SCI Of
nos A. that time this must have been the subject OF
regulation, aud the leuter ant general would have
he.o entitcd 10 such number might be prescribed
By the Var department in virtue OF slbsls'lug acts OF
lcrgress Opinion of Attorr ey general Writ, June
30 1881 1he power of the President TO make regu-
latons upou the IN the absence OF any statutes,
and he validity OF any such reguleuoh 50 mas oy
him are EXPIRE sly recognized by tue act approved
JuIy G. 1872 When, by the act OF 1876 olhcers we're
forbidden to employ soldiers a. servants four WATERS
were allowed to q maoT-2eneral.
The archives of the War department are know to
no i,uperfect i'm consequence OF destruction by hre;
INT even il the records do not show what number OF
servants the lieutenant general was entitled to, Is
lust to presume, in the absence of such evidence, that
The number could not have been lees than tia. after
ward allowed TO a majOr-genera by statute, and l
therefore establish thai as the number 10 be re-
cognized in this case. The power TO establish such
regulation il not only clearly implied in the a Il Of
i9l2 above referred TO- but also ia the act aP proved
April "a, 1916. ...
Ninth: As to fuel and quarters, do not propose to
make any decision at prs,ent other than 10 direct
that the accounts of brevet Lieutenant general Scott
in that respect be settled upon the existing law an
regulations fixing the pay and emoluments Of major
general. fKA>ALN iih"' h'
Hon. JEFFERSON DAVIS secretary of War, Washington,
STATEMENT OF LIEUT. sCoTT's ACCOUNT. as 'ettsfo
ne va, deparfnof N accordance "in NE dsf''o' % N
P,esidsnfs - q,
Paw for Gen. Scott from March %. 1917 - Aug 81,
lBl8l7 months dsys at $50 month +8.o on
DO mC. 80 3D. per month 1886 8,
snb.i,teuce from March 20, t8f7, to Aug 81 l8g-52
dsysO rstions pei day. go rattoD, s0 cents lcit %
10 r.aos. t.r $50 raion. % $50 90
Difference bet pay, &c Of lsutensntgenera' 80 -.
and ma or general. v"