New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-05-06

y -. ,hs ...euted pledge TO have been made In
rb vsy ths, it could not be retraes5 suppose thai you
49, xopr claim 10 exemption from the tax on the uound
b, Censre. having provided by the act OF August 1861
A., ear, nav a. retired officer should remain without de-
uiou any subsequent set oaght to be construed In refer
ps to the obvious intent Of the frat act and In harmony
with H. and that alteration repeal should bs assumed
b. within the purew Of Congress. unless b. made evident
by express words by strong and ryfmplicaoa.
In order understand tho purpose Of 30, Of the ID Of
August 1851 1t necessary look At the previous legislation
on the subject Of ooer pay win be by reference
tho several Of Congress Of the lth ofJsnusy 1872 Of
the 18th Of April 1905 and Of the ID Of March, 1875 that In
addition the monthly pay Of certain ecsr allowance
made for forage and specified number OF rsons per day
Ii provided for. The monthly alowancets Major 0ensr.
IL $50 and the number Of daily raons fifteen. The sub,
ence when drawn In kind, "a to be estimated at fixed
price The monthly allowance to Brigadier General Is
twelve rstions day equivalent In money snd slt ps
month for forage when not furnished BY the public
Colonel has sx raon Colonel five raions and
the and six rations eseh
The pay of the mainly rogulatedby the sc
Of IT ct prescribed monthly allowance for forage, and
forty rsons per cay By subsequent acts an additional ration
for every period Of fs Year, service 10 allowed and the
ra.ions commuabls thirty cents each These psvon
relate to officers In scvo service The 10th section Of the
Of 1861 relates to the pay Of officers the retired @
and II reduces the allowance Of all general OTHERS and
believe Of all officers tho rank Of captain Of aty but
yours While every other officer Of the arm. In tho retired
list restricted to his monthly pay and four rons day
without any other pay smouments. or allowances po
yded should the brevst Lieut. General be retired 1t
should be without reduction In current pay, subs'sncs
| or allowances"
The object Of the prove thus to be to exempt yov
nom tie reduction to which all other officers receiving or
than four rstions . day and monthly pay according "
their rank subjected and to permit you on your
dwa from active service 10 retain all the pay and smo'
men o. your office to the extent though you we're
actually in the held 1t Ia In other words Ia" fixing the
Of your pay and emouments retired officer whom
you should become Iueh, the Of every other military
officer who should be retired fIed. The only difference 10
tbs, you may b retired with full psy while all other general
officers and thOse OF nfeosds must submit when retired
to reduced psy There pledge the faith Of Congress
to the Lieutenant 0sne Colonel and LsutensntC Colonel
for tie pemsnenoe Of his pay All are provided iof In the
same section though different terms and with different
degrees ofnbers,y The provision thus made was the sw
TIL altered or repealed bu. not longer.
The Day Of all officers civil aud military regulated by
the viii OF Congress- and what 10 their pleasure a, Que time
to increase may b their pleasure At another to dmnih
and It reasonable that In whatever they DO they
sre governed by Of justice well to the officers as to
the country Where the mesring Of the statute certain
obscure msy be the We must take a. We
fad stt pro raons ronaa' and 10 duty 10 accept
IL without ptrns and give effect according to i nantes,
intent 1t IL tts iEls Of the English Law, that acts o.
Parliament dsrofstps from the power Of subsequent Par
Auens bind NOT and the rule applies TO the legislation OF
the American Congress ~ well 10 that Of the Parliament Of
GeI, Bitain Had the xxxvIlth Congs.. In iss first
SIGN declared in the solemn that the salary OF
tho GENERAL should remain cred at certain
would be liberty 10 disregard the plain words Of the
Conre" at the came or subsequns session By which
the salary should be esssned to extent directly or indi
rsctly, by excise or otherwise
Even with Ito faith" however pledged" the nterprs
tiers Of M viii hys nothing to do except in construction Of
phrases Of doubtful import They the guardians Of m
honor the keepers Of M conscience They deal only With
legal rights not with moral obligations The eieaH'tsnos
OF the country may demand Of that body Abandonment Of
is most cherished purposes, and sacrifice even OF s
shted faith and may become sacred duty Of patriotism
ysd TO demand the subsequent act Here the
dabious Il sabsots TO tar the sases Of officers Dot
taxable before and among the rest the ssy Of the Lsuen
Tho word there shall DO levied, collected
and paid oil salaries Of officers payments to porous In
the civil military. other cmpoymsnt or service Of the
United States" ka. too brosdsweepins and general
admit Of exception BY construction In favor Of any sos
Whatever may be bis mss bis fame They eau be under
stood but In way aud they cou'sas the last e1pre
sion will Of the Lsssure, they mus, BE- obeyea By
the agent. Of the Oovsnmen whose ofoe 10 10 execute
that will.
1.-THE enactment Of the excise Law had preceded the &C, CT
the ID Of August. 1861 think the resul! have OBJ
tsined. Tho imposition Of tai on . salary Is not -
reduction OF In legal contemplation" TarAion sacred
night ssent the existence Of Government an nsdsat Of
Sovereignty 10 Peters, t<7, and all property held and
al prohs and OF Office sksn and enjoyed subject
exercise Of the right whenever the public eIssneie'
may require Hence has been determined that the salary
Of Judge which by constitutional provision by the State
could not be diminished during h continuance 10 Ccs may
nevertheless be lawfully tAIed, Rawle IT, Reduction IN
ssoh the object Of the law bot merely the conse
quence and becomes In order that the duty OF pro-
ecdon which every ciEsn for bis person aud his
property may be performed and the sources Of Income pre-
served
N. irdssd sbdeste the prsro,tive
stiop without self destruction II sbs,sins FROM
e1srtnx ever any subject within m Jurisdiction 'hs pre-
satys ia not thereby renqui'hed but i exercise
any time DO commenced resumed without just ground Of
unless 1, be done Arbitrarily or without tho uIgsa.
ey Of prs,snt OF expected need.
Il 10 not DO forgotten that the tax In question, according
10 the tito IL for the support oiths Governsnt
aud eIaced Of the representatives Of the people
By tn. mpsious necessity Of the public Treasury supply
the Of which the ns.ion s wasns for I've e1is
Ia interpreting the act the circumstances which led TO
should not be overlooked and In doubtful which this
10 not, nigh. materially influence the decision
For in such contest for such stale every ntsndment
must DO made In favor Of the Government sod the largest
latitude Of construction assumed in order imp.rt
all the efficiency OF which capable for the
Of purposes which every loyL bosom make his own.
have thus stated plainly and fully the which have
determined my Judgement they fall to satisfy you tina,
right, you will st least that have dsgaded
your sppes dismissed without the consideration due
10 your sIsted character and eminent services
l have the honor to BE-, with profound respect
Your obsdisnt servant.
JOSEPH J. LEWIS Ceumissionsr |