The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1885-01-30
EXTRA PAY TO MEXICAN VETERANS.
Three Months Full Pay and Allowances
Claimed Under an Old Law.


The veterans of the Mexican war
says a Washington telegram to TIL
New York Herald, have raised yer,
important point in connection with thu
recent decision of the supreme cour
in the case of Gen. Emory-namely
that they are entitled not only to three
months pay proper, but to three
months pay and allowances, which
makes a considerable difference, the
pay proper of an officer prior to July,
1870, when allowances were abolished,
being generally less than one-half, and
in many cases not much more than
one-third of his compensation. If the
veterans Interpretation of the law be
correct, all officers who have received
three months pay proper for their
services in Mexico have been under
paid, and the whole matter will have
to be reopened and probably relegated
to the courts.
To properly understand the question
involved brief statement of the law
and the facts is necessary.
In July, 1S4S, congress passed an act
providing that officers and enlisted
men of the army who were in actual
service during the war with Mexico,
and who served out the term of their
engagement, or were killed or honor
ably discharged, should be entitled to
three months extra pay. At that
time, and for more than twenty years
afterward, the remuneration of an ofii-
Ger consisted of pay proper and allow
ances of various kinds. A captain OF
cavalry, for example, received $50 per
month pay proper, 1924 for rations, SIG
for forage, and $3.50 for servants
pay, clothing, and rations, making his
total monthly compensation S1O65O.
He was also entitled to an additional
ration (S6 per month) for every five
years service as an officer. The tex |
ira pay" granted by the act of 1913 |
was construed to mean pay proper |
only, and payments were made accord
ingly.
In accordance with an opinion given
by Atty. Gen. Reverdy johnson soon
after the passage of the act of 1848,
the secretary of war ruled that officers
of the regular army, who continued in
service after the close of the war were
not entitled to extra pay. and that rul-
ing was adopted by the accounting Of
icers. About six hundred officers were
,hus deprived of the gratuity bestowed
~ congress.
In February, 1879, the law of 1848
vas revived with the following pro-
-iso: provided that the provisions of
his act shall include also the officers,
,etty officers, seamen, and marines of
he United States navy, the revenue
marine service. and the officers and
oldiers of the United States army en-
loyed in the prosecution of said war"
~ the strength of this additional leg {
,lation a large number of officers of
ne regular army whose claims had
cen barred by the ruling of the au- c
lorities in 1848 made application for
Tree months extra pay, but their de-
ands were not acceded to. Gen. I
mory, one of the claimants, took his
lse to the court of claims and re- I
,vered judgment in March last. The t
overnment appealed to the supreme q
'urt, which has affirmed the judy
emf of the court below.
This, ii was supposed, was definite 7
id permanent settlement of the whole 8,
after, and the accounting officers .
ere preparing to adjust all the claims
hich have been held up pending the ;,
cision of the court, but the old vet y y
ans have sprung mine under the Z
tonished treasury officials, and boldly "
aim three months full pay and al =
wances. The acts of 184S and 1879, 81 81
ey say, do not contain the words 9,
,av proper" and the word 'pay" as y
ed in said acts means the salary, o.
or recompense that the !"
paid to its military officers =.
r their services. In other words, it %
pay, rations, and allowances. ~
If the veterans are successful in this it
cir latest claim at least three thou in
nd officers, including volunteer and CO
ilitia, who have already been paid,
II be entitled to the difference be- 70
cen pay proper and pay and allow r.
ces, which will amount to about =,
90, 900. Those who have not been o.
id-about six hundred officers and ~
tween four and five thousand enlist -.
men-will receive upwards of $780, .,
}, making total cost of 100000. h,
they fail, then only the unpaid Off .,
rs and enlisted men will be benefited, h;
d the drafts on the treasury will not -,
coed 100000. b,
The roll of living officers who are ii,
W entitled to the gratuity provided flu
the act of 1879 contains many nota- tn
, names: Gems. Bragg, Don Carlos G.
Iell, Joseph <. Johnston, Mcdowell, hs
Il Rucker were captains Gems. hi
ant, Sherman, Longstreet, Beaure- Ct
I'd, Fitz John Porter, Getty, Ingalls,, flu
j. Hunt, Doubleday, and Truman St
ymour were first lieutenants, and
ms. Hancock, Franklin, Mcclellan, fiji
pc. Augur, Gibbon, Pitcher. Charles is
Stone, Gustavus w. Smith, Pleason- is
!, Sturgis, Stoneman, and others, gc
re only second lieutenants. The ca
ogenarian Harvey was colonel of fe
4goons, and Philip St. George Cooke ne
5 major in the sam, regiment. tn
mont, the ''Pathfinder, was lieu nc
ant colonel of the mounted rifles, en-
Gen. Emory, who has had the m,
lble and expense of lighting the tn
eminent in two courts, was first lat
tenant in the typographical engi- SD