The daily union., 1856-12-24

laws according the official opinion OF the Attorney
General, could give him.
From the Union Of Nov T. 1855
THE PAY OF LIEUT.. GEN. SCOTT.
II cannot have escaped the observation of newspaper
readers especially the readers Of of the New York
papers, that purpose has existed for several months
make the action Of the President in regard the pay Of
Lieut. Gen. Scott ground of attack. Since the decs
ion has been announced tins purpose Is openly avowed
The National lnelgencer in its insidous mode of pot
cal warfare says 1t "had taken it for granedhe law of
1898 expressly stating the pay and emoluments to be al
lowedtha there could be difficulty the part of the
accounting officers in making the proper payment IT,
however proceeds the Ineligencer "there shall have
arisen unexpectedly doubt upon the matter apparent
y plain, have confidence that Congress will prompt
ly give ample power to carry out its just and bene
cent intentions and the peoples undoubted desires" The
implied upon the decision ohe President and the
threat of appeal TO Cong for its correction made
in the characteristic style of the National Inelgencer.
The and the thres both based upon article
in the New York Expre,s-"a journal published at New
York, where Gen Scott at present has his
and therefore, evidently regarded by the Integeneer as
speaking by authority of Gen. Scott The article in the
Express opens with the following paragraph:
"The news that Gen. Scotts claim for back pay and for
increased future pay has been allowed turns out mistake
The shadow of justice has been but the substance
the hope. The Attorney General has fully decided in the
Generals favor the principle of the law The Secretary of
probation and the adjustment and has used the authority
thus reserved to defeat the claim almost entirely"
After proceeding give short history of the case the
article in the Express concludes with these significant
words:
awe trust and are inclined to believe that the General
will not stoop to accept pittance far below his CLAIMS
his merits the intentions of the law and the wishes of the
people, awarded under such circumstances"
We shall stop notice the absurd complaint that
the Attorney General was not required to settle the ac
of General Scott well settle the principle
which must govern the This complaint implies
nsnuaon that the Secretary of War the President
less disposed to deal justly and fairly with General Scott
than the Attorney Generalan assumption wholly unwar
raned by thing in the conduct of those distinguished
funconares As the Secretary of War entertained doubts
to the principle OF law which should govern the decision
of General Scos application for pay that question
referred to the Attorney General but the reference of the
account for settlement to that officer would have been
| wholly and palpably improper.
will be seen from the decision of the President which
publish below, and the settlement of General SCOTS
account made in pursuance thereof that the amount al
lowed to him is ten thousand four hundred and flee dollars
| The amount claimed by General Scott about thirty
thousand dollars The letter Of the President shows clearly
the grounds which he rests his decision and have
hesitation in predicting that the country will fully
sustain his Judgment in the An appeal to Congress
for justice which threatened by the utegencer may
furnish occasion for political opponents to assa and
msrepresent the motives of his decision but the gment
of just people will triumphanty sustain him. The Ex-
press speaks wholly different language from that which
secured the passage Of the resolution of Congress The
appeal made Congress to confer the title of euten-
ant general Gen. Scott mark of honorary dstinc-
ton but it now seems that The back pay and future in
the substantial objects sought be
accomplished The ShddoW Of justice has been awarded
but he substance denied" says Gen. SCOTS mouh-pece in
New York. The title has been conferred-that the
sh1dobut the thirty thousand dollars has been denied
that The substance That not the language used when
the resolution before Congress If such considerations
had then been presented, risk little In saying that the
resolution would have been rejected. In fact whilst
take exception to the correctness Of the opinion of the
Attorney General and concede that upon the rules of law
his decision right yet not forgedu of the cir
cumsances under which the resolution passed. and of the
4 which members
that impression that poud result Gpyropriatiag
large amount out Of e treasury In view OF these cir
think the Express shows but little wisdom
@eunstsnoS~, Gu , Scott to reject the ten thousand
10 10 recommending psn -. ''"ison Of the President
for additional back pay Of his breyet rank. Atuv.o
Express may regard that amount as so small ptttanoe
Gen Scott ought not to stoop to accept it, we shall
be disappointed If the country does not conclude under
all the circumstances that very substantial addition
his pay major general especially as the main object
of the law declared when passed was the honorary
and with the fullest confidence that the decision Of
the President will meet the approval Of just and liberal
people give place to the following letter and the &C
compsnying statement Of the account as settled by the
War Department
| wAsmsoroS, Oct. 20, 1885.
sra return herewith the various papers submitted to
2th for my decon in relation TO the claim
OF @ son % sS1' o apd o
Of the account let be assumed that far as and
emouments concerned the 9th section Of the act OF May
49, l7ss, either repealed, (though may have
been modifed or repealed revived by the resolution
| of February Is, 1885, and is now in force.
I'd That the resolution retroactive in it's operation.
3D. The extent and OF It's operation to be de-
termned by the mode already provided for in subordinate
grades in other words by extending by analogy the laws
command in the lower grades" Brevet Lieut.
Gen. Scott s therefore, entitled to the pay and
his brevet rank since March 49, ls7 during such period
In time Of peace he have been duty commanding
general Of the army and at all times when service in the
field with command Of not less than eight regiments
4th. Brevet Lieut. Gen. SCOTS pay and allowances must
be computed for grade He cannot at the same time
| draw allowances for two.
5th II the provision Of the 9th section repealed
remained the statute book subject TO amendatoty pro-
visions IT, having been repealed, IL revived by the
resolution Of February 1885, smendaory explanatory
provisions would attach IT, Two statutes apply the
case-that OF July 22 lBl8 and that Of March 1915.
'-"'o all officers" and that Of general officers"
The pnt-~- :" each includes lieutenant general
In the laws last reierrsu = "rA-exSting law
by universaity, and they modify the p- ' frrna by