Morrison Waite

“ The statute simply says that the president, by and with the advice and consent of the senate, may make it, and in our opinion he may, with like advice and consent, determine whether it shall operate only in the future, or relate back to a time when in his judgment it ought to have been granted. It follows that Burchard, by this action of the president and senate, became entitled to half sea pay from October 26, 1874. He has thus been overpaid only to the extent of one-fourth of sea pay from October 26, 1874, to March 31, 1878, or at the rate of $425 a year. ”

“ On the 25th of March, 1878, the senate advised and consented to the appointment as follows: 'Resolved, that the senate advise and consent to the appointment of assistant engineer Burchard to be transferred from the furlough to the retired pay-list from the 26th of October, 1874, agreeably to the nomination.' On the 1st of April, 1878, Burchard was notified of this transfer. From the 26th of October, 1874, until the 1st of April, 1878, he has been paid 75 per cent. of the sea pay for the grade or rank which he held at the time of retirement, being $1,275 a year. ”

“ We have, then, for consideration only the questions which arise on the appeal of the United States. The suit was brought to recover a balance claimed to be due for pay after March 31, 1878. The counter-claim is for moneys alleged to have been overpaid between October 26, 1874, and March 31, 1878. ”