Gabriel Duvall

“ No more than one officer can be entitled to double rations, at the same station.'
The Adjutant and Inspector General performed the duties of his office from November 1814, and charged the compensation as allowed by law, until the year 1816, when a difficulty arose on the subject of his fuel and quarters, from the circumstance of there being no disbursing office in the Quartermaster's department, at the seat of government; and from the regulations of the War Department, then in force, prohibiting an allowance in money, to be made to officers in lieu of these emoluments. ”

“ The Secretary of War, as the legitimate organ of the President, under a general authority from him, may exercise the power, and make the allowance to officers having a separate command. The language of the law is plain and unambiguous. No officer is entitled to the additional allowance, unless he be a commandant at a separate post ”

“ The declaration in this cause is founded on a transcript from the Treasury, certified in the usual form, and contained a count for money had and received, and other counts not necessary to be mentioned; issue was joined on the plea of non assumpsit; and by agreement of counsel, a verdict for the United States was taken for the sum claimed, subject to the opinion of the Court upon the laws of the United States relative to the pay and emoluments of the officers of the army, and the regulations and orders of the executive department, issued in pursuance of those laws. ”