John M. Binckley to E. D. Townsend, 28 March 1868

March 28, 1868. General E. D. Townsend, U. S.A. Assistant Adjutant General. Sir: The question of the rate of pay, when upon active duty, of the class of retired officers, created by the 32d Section of the Act of 28 July 1866, being under consideration in this office, as required by the President in a reference dated 24th of January last, I find the fact mentioned in a letter addressed by you to J. M. Brodhead, Esq. 2d Comptroller, under date 13th January last, that "it has been decided that an officer retired with increased rank, is not entitled to the pay of such rank when assigned to duty." For our better apprehension, I would thank you for a copy of the decision thus referred to,—or information which may enable me to procure it, if it was not made in the War Department. Very respectfully, your ob'dt serv't, John M. Binckley, Assistant Attorney General.