New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-14
AnE pEsERTERs ENTIrLED TO BouNrY

WASHINGTON, July 10. The Second Con-
trocr The Treasury In answer to questions from he
Attorney General makes the following decision, which
will affect 100000 Of claims against the Government:
IN reply to your communication Respectfully state
dcrs right TO bounty Is forfeited. psD Jdci0 by deselOh
10 has been decided heretofore that 10y he cEHaohs OF
the Army having the force OF law desetloh ioIcts al
pay &C. due dcscItcr and vests the money IN the Ch
ted states ana even pataoh canoI b;no , Ii %ay nae
by his own act been virtually pIaced IN tno treasury
that he claim nothing under the contract OF enlist
ment WIoh no mlOi",vu, inSt uIei ,,I 10 6oHntyy
-, 1901, soldier can nave 10 uIo 10 pounty
only honorable discharge after Two years
service or wounds received, SC That document IT.
self not saying whether te ulschnTge was hOhoApe OK
dishonorabe, this fact must DO determined by proof
that during the time for which he enlisted he had
been guilty the dshonorablo crime which the
able discharge and the bounty could not DO paid. That
boun,es paid by instaments are subject TO the same
ie6l and tho installments remaining unpaid at
dcsertion forfeited and cannot bo earned by subse-
bo doubt the subject the benefit OF tho doubt ought
not 20 be given TO tho man who deserted ms nag auu MS
country In her OF need In addition TO the accom-
panying letter and decisions, suggest that iact OF
charge duly entered on record Is pmd ldea evidence OF
desertlon, and IL sufficient 10 bar payment OF bounty
Muster rolls OF the Army, when properly certified are
Official aud are all that Tegq.gd 10y a0 LS nn cp
titled II the record Is error ,Ous ne mas MS remedy
and II competent for the War Department to correct IL
Although this view Is not based upon any express pro
vision law Is believed to be not only In harmony
with law but necessary for the protection OF the
Government and has been uniformly acted upon by ac
counting officers and the War Department Wlne mere
charge OF desertion Is not sufficient ground upon winch
10 inlet punishment upon soldier an entry OF deser
ton upon the rolls Is sufficient evidence upon when 10
suspend or withhold tho payment OF bounty, at least until
t6A charge r. removed either by his acquitta or ny
the action OF the Department III tho bounty was pau
while the charge OF deserOn Is pending IL would III most
eases be too late for the Government 10 secure se OF
recover the money II the soldier was ailerwaru cOu,
ylced IL is also often impossible from the eXgences O
tho service organize courLsmarua to try an cases 0
deseron that arise IL would have been utterly lIos
Bile 10 have organized courtsnartia for tho trial OF an
deserters during the war Inc Governments 1i
undnubtedly has the right OF waving tnal
for deserto and Of returning descrers 70 duty without
trial on such terms not inconsistent with law as sees
m bu suc return does not affect the record nor TACT OF
dcserton add for your nfOrmatOn that IL the decls
ION of the Government, dsaowing bounties IN these
eases be reversed by the Courts sum largely exceeding
so 600 1000 Will bo Withdrawn from the Treasury IN thepay
ment of elaine by deserers Very Respectfully
' j. NJ BRoADHEAD, Comptroller.