Attachment of Pay for a Discharged Soldier
Item
Type
Autograph Letter Signed
Title
Attachment of Pay for a Discharged Soldier
Description
The attorney general is writing to McHenry with regard to a case of a soldier who used his pay arrearage as a guarantee. Lee is attempting to clarifying what the paymaster's responsibilities are in such a situation. Lee feels that a discharged soldier can, while one in service cannot.
year created
1796
month created
05
day created
30
author
sent from location
Philadelphia
recipient
in collection
in image
notable person/group
James McHenry
Charles Lee
Constant Freeman
Captain Armstrong
soldier
Deputy Paymaster
notable location
Philadelphia
notable item/thing
arrears
An Act Making Alterations in the Treasury and War Departments
attachment
debt
suit
discharged
lawsuit
document number
1796053040101
page start
1
number of pages
3
transcription
Philadelphia 30<sup>th</sup> 1796
The Attorney General understands by the letter of Constant Freeman bearing date the 6<sup>th</sup> december 1795 that Cap<sup>t</sup>. Armstrong made advances of necessaries to a Soldier in the army of the United States while in actual service who has since been regularly discharged and who has certain arrears of pay in the hands of the deputy paymaster which have been by legal process attached by Capt Armstrong for the purpose of satisfying the debt so contracted and remaining due by the soldier to him. Can this suit be maintained or not <s>is the question propounded</s> and in what manner is the Deputy paymaster in cases of this sort to act, appear to be the questions arising out of the case.
The attorney general is of opinion that Capt Armstrong may attach by process from a count of equity the arrears of pay due to a <ins>discharged</ins> soldier in the hands of the paymaster of the army to satisfy his claim if it be just. A soldier <ins>in service</ins> cannot assign his pay but when <ins>discharged</ins> he may assign his arrears of pay - So the 4<sup>th</sup>. Section of the act entitled "an act making alterations in the Treasury and War departments["] has been and is to be understood. If indeed the arrears of
pay due to a <ins>discharged</ins> soldier were not assignable either in law or equity, there would be some ground for an opinion that they could not be attached in equity. The contrary however has been determined - 2 Black. reports 1137 -
When the justice of the claim shall be established either by the agreement of the debtor and creditor, or by the sentence of a competent court the paymaster after deducting the amount of the <ins>costs of suit</ins> if any shall have occurred out of the arrears of pay in his hands, is to pay the balance according to the direction of the proprietor or of the court - The paymaster is not liable to costs for standing suit but they are payable out of the attached effects in the first instance, for without an order of the proprietor or the sentence of the court he would not be warranted in paying those arrears to any individual.
Charles Lee<br />
Attorney General
To the Secretary at War -
The Attorney General understands by the letter of Constant Freeman bearing date the 6<sup>th</sup> december 1795 that Cap<sup>t</sup>. Armstrong made advances of necessaries to a Soldier in the army of the United States while in actual service who has since been regularly discharged and who has certain arrears of pay in the hands of the deputy paymaster which have been by legal process attached by Capt Armstrong for the purpose of satisfying the debt so contracted and remaining due by the soldier to him. Can this suit be maintained or not <s>is the question propounded</s> and in what manner is the Deputy paymaster in cases of this sort to act, appear to be the questions arising out of the case.
The attorney general is of opinion that Capt Armstrong may attach by process from a count of equity the arrears of pay due to a <ins>discharged</ins> soldier in the hands of the paymaster of the army to satisfy his claim if it be just. A soldier <ins>in service</ins> cannot assign his pay but when <ins>discharged</ins> he may assign his arrears of pay - So the 4<sup>th</sup>. Section of the act entitled "an act making alterations in the Treasury and War departments["] has been and is to be understood. If indeed the arrears of
pay due to a <ins>discharged</ins> soldier were not assignable either in law or equity, there would be some ground for an opinion that they could not be attached in equity. The contrary however has been determined - 2 Black. reports 1137 -
When the justice of the claim shall be established either by the agreement of the debtor and creditor, or by the sentence of a competent court the paymaster after deducting the amount of the <ins>costs of suit</ins> if any shall have occurred out of the arrears of pay in his hands, is to pay the balance according to the direction of the proprietor or of the court - The paymaster is not liable to costs for standing suit but they are payable out of the attached effects in the first instance, for without an order of the proprietor or the sentence of the court he would not be warranted in paying those arrears to any individual.
Charles Lee<br />
Attorney General
To the Secretary at War -
Item sets
Document instances
| In image | In source | Location in source | |
|---|---|---|---|
| [view document] (3 pages) | KAA06 (3 pages) | Collection: James McHenry Papers | B:1776-1797, MH 46. |
Document names
| Type | Name | Location | Notes |
|---|---|---|---|
| Author | Charles Lee | Philadelphia | [n/a] |
| Recipient | James McHenry | [unknown] | [n/a] |