The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-08-03
rsssed by persons Of high respectabli,y and stand

Secretary Beatweil's Decision Rcfussng -
Recognize the Kentucky War Claim.
Secretary Boutwell, to-day issued the following
opinion In the matter Of the claim OF the state OF
Kentucky FOR reimbursement OF the sum Of
$525,25S paid to the State militia for services rem
dered during the years 1863, 1884, 1885 and 1866
TREASURY DEPARTMENT., |
WASHINGTON, August. 2. 1871.
The claim was filed in 1866, and It is made under
the provisions OF an act TO indemnify the States Tor
expenses incurred by them In defence OF the United
States, approved July 81 1861. secretary Chase,
when providing for the execution Of thus act, pre-
these Words
only for expenditures account of troops officers or
on haSs Or re s
w Dc ,a mad e sns 1soey.s p 95
actually employed in this service, win not
ad. Sc ss United ~ State. any Of
n or aa wbs5e ssed o Ss
State other local authority unless such troops were called
an a he o "a
IL Is not commended that the troops, for Wnom re-
endorsement is asked. were ever mustered into the
service OF the United States nor is 1t commended they
called out at the request or under the author.
facts the rule quoted is bar to the claim. IL is
however sought to bring the claim within the rule
made to ,he certificate OF General sherman, the COM
muDcations OF General Vincent and the approval OF
The certificate Of General sherman is as follows:
WARRINGTON, juno 30, 1871
that prior to the ssgnaaG Of k. the Atlanta cam
70 me Nashvie and in May April 1864 revealed to him
S s a. Sed 81
n' and Gf guard az 1.
hS Ess. Or west 4, he expressed 0i his psreS.
Sd w % MAS S no Sec Sec
Bralete TIL the was and was able
e
to the cause of the Gnes Il nsn de-
General Thomas Vincent, Assistant Adiutant
General Of the United states Army, in his commu-
rious documents filed in the case, recommends that
the troops be recognized as having been actually
recognition being deemed necessary by the
Treasury Department in order that the claim
may be allowed under act Of July q, 1851, to
them in defence OF the United States. On
the same day the recommendation of General
Vincent Is approved without comment by the sec.
reiary OF War; The claimants offer as precedent
the order or Secretary Stanton OF July Q, 1867,
whereby ne recognized certain troops who had been
called into service in Kentucky IN 1861. There IS,
however. manifest dinerence between the two
by secretary stanton were called into the service of
the United States by General Nelson, who was
then an o.Hcer OF ihs United states command
rectlons OF The Secretary OF War; Upon wei
understood principle II was competent for the Sec
rotary Of War or the President 10 recognize these
troops as having been called into the service by
proper authority. although neither the President
was made. The order OF Secretary Stanton was
specific II met the points at issue and placed the
troops called by General Nelson within the
ond rule of Secretary Chase, before quoted. 1t is
as iolows:-
George a. thomas that the lS: OF ssp,enbs 1851 the
then the employment Q, the u0led States
ON duty sSa s Se ss
be in The War no written or Official ev
War; General Cameron to General Nelson for calling these
Ths department is opaion ths. lone
sSsS Regarded as such Is VI sHST ss
Secretary of War.
In the case under consideration the troops were
dept or OF the secretary OF War, or by any
pfice e Of the ,, regular or volunteer army Of
State OF Kentucky, by state authority under officers
appointed by the state, and, as far as IS shown by
mand OF any my oaicer Of the army Of the the
United States. 1t appears however, to
and by General Lindsay the Adutant General Of
Kentucky, that during the period mentioned the
and regarded the orders OF United States ofilcers
General Lindsay, IN his AFFIDAVIT OF July IL, 1870,
saws the troops referred to were directed in every
aud instructions given to them by United States ON.
which reimbursement IS asked was performed after
the surrender OF Lee and Johnston. and the
ing out OF the troops was by State authority and at
various time from the 10th January 1865 the 23d
october OF the same year. Adjutant General Lindsay
dates owing TO the unsettled condition of the coun.
try ana the presence OF armed bands of guerias
bgshwnacksrs and other OUTLAWS; that the service
ana they were mustered out Of service
assaad sem Of 5ay e. 1881 has re
ceiyed legislative construction by the act approved
allow and nay TO the State OF Missouri the amount
OF money expended by said state In the arming and
Instruction ganst the laws OF the United sates''
In that act provision il made for an allowance to the
state Of Missouri for all sums Of money expended by
sad Stale in tue arming equipping, snbsstng
ana paying OF troops organized under the ordl.
nances of the Convention OF said State
with the federal authorities suppressing insurrec.
ton against the United states and enforcing the
Sat, page 3.) entitled, IAN act 10 reimburse the
State OF Missouri for moneys expended for the United
militia forces TO aid in SURPRISING the reDcllionn
authorizes tho Commissioners appointed to ascer-
tain the amount OF money expended 10y the state Of
missouri allowing only for disbursements made and
amounts assumed by the state for enrolling, equip
ps s apa a ys ss s
of the Unites states department commander,
commanding the district IN which Missouri
first referred to proceeds upon the theory that the
state troops employed TO act In concert with the
OF July, 1891, and the statute or April II, 1885, Is
equivalent declaration that the troops called into
the service by the Governor, though at the request
OF the United States department commander, could
not be recognized under the act OF July p, 1861.
The propre.y and legality Of the rule made by
Secretary Chase has thus been recognized and
affirmed by subsequent legislation. General levitt,
agent for the State OF Kentucky In ms writ
ten argument filed in the case. admits that the
Secretary OF the Treasury in recognizing the claIm
declare In effect that the second rule OF Secre.
tary Chase, as already quoted, Is Invalid. as being
contrary 10 law. General Hewitt referring 10 me
second rule, uses this language
The Treasury Department could make rule To or
restrict the operation Of this act by requiring evidence OF
the performance Of other condiions. The rule
adopted under must be construed by IT, and repugnant
to IL the law prevails.
The first clause Of the rule conformed 10 the law.
1t authorized the payment OF expenditures on ac.
count OF troops actually employed In the service OF
the United States but the last clause does not for
nothing In the law requires that the troops should
have been called out and the expenditures incurred
at the request or under the authority Of the Presl
dent or secretary OF War. The secretary says
agree that the claim canno. be paid IL the second rule re-
erred observed by the Secretary of the Treasury but
ndnit that the rule