Payment of Non-Commissioned Officers and Privates after 1 June 1792
Document 1792Wolcott gives his opinion that no assignment of pay made by a non-commissioned officer or private after June 1st, 1792 is valid. There is nothing in the law that prevents payments to the attorneys of these soldiers so long as the Power of Attorney states that the money is strictly for the use of the soldier.
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[W. D. 730]
W. D. C. M. Nov. 24. 1792
Sir
I have considered the questions filed in your letter of this date, respecting the extension of the 4th Sect of the Act making alterations in the Treasury & War Departments.
It is my opinion that no allowance of pay made by a non commissioned Officer or [undecipherable], after the first day of June 1792 is valid; and that the restriction in the Law applies as well to pay which become due before as that which has accrued [undecipherable: former?] that period
There is nothing in the law to prevent the payment of money to the Attorney of a non commissioned Officer or Soldier, but the powers of Attorney ought to express that the money is to be recd for the use of the Soldier, and should be properly acknowledged and [undecipherable: handed?] in, can be considered & treated as mercantile instruments.
To prevent the [undecipherable] purposes of the Law from being evaded, I think the Pay Masters ought to be instructed to notify [undecipherable] by advertisements in the Gazettes & at places of general resort, where payments will be made [undecipherable] them of the law, & that it will [undecipherable: be proper?] to — have the applications made in person —
[undecipherable: signature]
[Official opinions
Nov. 24. 1792
of Soldiers
[undecipherable] pay & [undecipherable]
Atty Gen[?]]
Type
Autograph Draft Letter
Description
Wolcott gives his opinion that no assignment of pay made by a non-commissioned officer or private after June 1st, 1792 is valid. There is nothing in the law that prevents payments to the attorneys of these soldiers so long as the Power of Attorney states that the money is strictly for the use of the soldier.
Date
11/24/1792
Author
Recipient
Sent from
Treasury Department
Repository
Collection
Document number
1792112470001
Page start
1
Notable persons
Joseph Howell
Oliver Wolcott, Jr.
Notable locations
Treasury Department

