· ,
_, 1888. CONGRESSIONAL RECORD-HOUSE. 2919
HOUSE OF REPRESENTATIVES. panying documents, refer-red to the Committee on Indian Affairs, and ordered to be printed. FRID.A.Y, Aprill3, 1888. To the Senate and House of Retn·esentati'r:es: The House met at 12 o'clock m. Pr~yer by the Chaplain, Rev. I transmit herewith a. communication of the 6th instant from the Secretary of the Interior, submitting, with accompanying papers, a draught of proposed legis WJLLIAl\I H. MILBURN, D. D. lation, prepared in the offi.ceoflndian Affairs, to authorize the use of certain funds The Clerk proceeded to read the Journal of the proceedings of the therein specified in the purchase of lands in the State of Florida upon which to legislative day of Wednesday, April4. locate the Seminole Indians in that State. The matter is. presented for the fa vorable consideration of Congress. 1\Ir. ·DOCKERY. Mr. Speaker, I ask unanimous consent to dispense GROVER CLEVELAND. with the reading of the remainder of the Journal. ExEcuTIVE MANSIO:Y, Apn"l 9,1888. Mr. GROSVENOR and Mr. EZRA B. TAYLOR objected. REPORT ON TONNAGE TAX. :Mr. LANHAM. Ur. Speaker, is it in order to move that the read~ The SPEAKER also laid before the House a letter from t he Secretary ing of the Journal be dispensed with? of the Treasury, transmitting, in response a resoluti'On of the House, The SPEAKER. The Chair thinks not. The rules require that the to a statement showing the tonnage tax imposed in the United States from J onmal shall be read. 1\Ir. SPRINGER. I would smte to the gentleman from Ohio that 1882 to 1887, inclusive, on American vessels, foreign vessels, sailing ves sels, and steam-vessels, respectively, and the total tax collected; which the Journal embraces about 90 :pages and over 70 roll-calls. Mr. GROSVENOR. All the better. I object, on the ground that it was referred to the Committee on Merchant Marine and Fisheries, and ·. is vety interesting reading. ordered to be printed. · The Clerk resumed the reading of the J oumal. STEAl\1-TE....~DERS FOR LIGHT-HOUSE DI~TRICTS. 1\Ir. McMILLIN. Mr. Speaker, is it not in order to move that the The SPEAKER also laid before the House a letter from the Secre't.:"\J'Y Clerk be excused from the further reading ? of the Treasury, transmitting a letter from the Light-House Board sub The SPEAKER. The reading of the J oumal can not be dispensed mitting an estimate for an appropriation of $85,000 for the construction with except by unanimous consent. A request for that purpose bas of a new steam-tender for the eleventh light-house district; which was been made and objected to. referr~d to the Committee on Appropt·iations, and ordered to be printed. The Clerk resumed the reading. The SPEAKER also laid before the House a letter from the·Secretary Mr. LANHAl\I. I renew the request to dispense with the further of the Treasury, transmitting a copy of a communication from the reading of the Journal. If this request be granted, my object is to Light-House Board submitting an estimate for an appropriation of move that the House go into Committee of the Whole for the purpose $85,000 for the construction of a new steam-tender for the first light of considering business on the Private Calendar. house district; which was referred to tb~ Committee on Appropriations, 1tlr. REED. If it is the purpose to go on with the business of private- and ordered to be printed. • bill day, I do not think any one Qn this side will make objection. SUPPLY STEAl'l!ER FOR ~TLANTIC AND GULF COASTS. Mr. LANHAM. That is my object. Mr. REED. Well, is that the undel'Standing? The SPEAKER also laid before the House a letter from the Secretary Mr. LANHAM:. So far as I know it is; I know nothing t~ the con of the Treasury, transmitting a copy of a communication from the trary. Light-House Board submitting an estimate for an appropriation of Mr. REED. If nobody has any objection to that course-· $3'2,500 for the construction o~ a supply steamer for the Atlantic and :Mr. McMILLIN. I am not aware that there is any understanding Gulf coasts; which was referred to the Committee on Appropriations, on the subject. I do not know that the matter bas been diseussed. I and ordered to be printed.
think it should be left for the House to decide. LOTS 11 il"D 12, SQUARE 683 1 WASHINGTON, D. C. Mr. TAULBEE. I for one am in favor of going on with the Private The SPEAKER also laid before the House a letter from the Secretary Calendar. of the Treasury, transmitting the report of three persons· appointed to Mr. McMILLIN. So far as I am concerned, I think it is high time appraise lots 11 and 12, square 689, Washington, D. C., in compliance that some of the appl'Opriation bills were disposed of. with the provisions contained in the sundry civil appropriation act of Mr. REED. I wish you bad thought so at any time during the last March 3, 1887; which was referred to the 9ommittee on Public Build week. ings and Grounds, and ordered to be printed. ?lfr. McMILLIN. I wish yon had reflected on the subject and been CONTINGE~""r EXPENSES, MINT BUREAU. l ess obstinate. Mr. REED. I clid reflect several nights. The 'SPEAKER also laid before the House a letter fmm the Secretary Mr. NELSON. Why should we not go on with the Indian appro- of the Treasury, transmitting copy of a communication from the Di priation bill to-day ? rector of the 1\Iint requesting that the sum of $500 of the unexpended Several MEMBERS. Oh, no; this is private-bill day. balance of the appropriations for the fiscalyearended June 30, 1887, be Mr. STEELE. I call for the regular order. made available for the same object for the current fiscal year; which The SPEAKER. The regular order being demanded, the ·Clerk will was referred to the Committee on Appropriations, and ordered to be proceed with the reading of the Journal. printed. The reading of the Jow.:pal was resumed nnti1. t he Clerk read the PRINTING AND BINDING, STATE DEP ARTJ.UENT. following: . The SPEAKER also laid before the House a letter from the Secretary :Mr. BoUTELLE made the point of order that 1\Ir. BRECKINB.IDGE, of Arkan of the Treasury, transmitting copy of a communication from the Secre sas, being present·, ha.d failed to vote on the preceding call, in violation of the rule, tary of State submitting an estimate of deficiency in appropriation for - and that he should be required to record his vote or state that he ha.d a pecun iary interest in the result of the vote. printing and binding for the Department of State; which was referred to the Committee on Appropriations, and ordered to be printed .. Mr. BOUTELLE. Just at this point the Journal is not accurate in stating that I held that the gentleman from Arkansas should be re WATER SUPPLY, BUREAU OF ENGRAVING AND PRINTING. quired to record his vote. I think the RECORD will show the language The SPEAKER also lain before the House a letter from the Secretky used to have been that therule required- - of the Treasury, transmitting copy of a communication from the Chief The SPEAKER. The Clerk will again read that part of the Journal. of the Bureau of Engraving and Printing in relationtothe inadequacy The Clerk again read the paragraph already given. of the water supply for that bureau; which was referred to the Com Mr. BOUTELLE. That is inaccurate, l't1.r •. Speaker. The official mittee on Appropriations, and ordered to be printed. RECORD will show that I had the rule read and then made the point of STOWAWAYS ON INCOMING VESSELS. order that the rule required the gentleman t~ vote or to smte to the The SPEAKER also laid before the llousea letter from the Secretary House that he had a personal or pecuniary interest in the question. of the Treasury in relation to stowaways on vessels bound the port The SPEAKER. The Clerk will correct that.portion of the Journal. to The reading of thft J onrnal was resumed and (at 1 o'clock p. m .) con of New York from forejgn countries, and suggesting an amendment to cluded. the act of August 3, 1882, entitled "An act to regulate emigration;" which was referred to the Committee on Commerce, and ordered to be The SPEAKER. The Chair discovers from the reading of the Jour printed. nal that in some instances where a motion waa made to fix the day t~ which theHouseshouldadjourn, and an amendment offered striking out CLERICAL FORCE, POST-OFFICE DEPARTMENT. the day named and inserting another, the amendment, instea~ of being The SPEAKER also laid before the House a letter from the Secre stated as such, is stated as an independent motion. If there be no ob tafy of the Treasury, transmitting copy of a communication from the __. jection, the Chair will cause .those parts of the Journal to be corrected Postmaster-General submitting estimates of appropriations for sala in accordance with the fact. The Chair hea1-s no objection. If there ries and clerical force for the Post-Office Department for the fiscal year be no further correction, the J oumal will be approved as read. ending June 30, 1889, in addition to those heretofore submitted; which was xeferred to the Committee on Appropriations, and ordered to be LANDS FOR SEMINOLE INDI.A.~~s IN FLORIDA. p\inted. The SPEAKER laid before the House the following messaga from the co_-STRUCTION OF CERTAIN LIGHT·liOUSES. President of the United States; which was read, and, with the accom- The SPEAKER also laid before the House a letter from the Secre- 2920_ CONGRESSIONAL RECORD-HOUSE. APRIL 13,
tary of the Treasury, transmitting copy of a communication from the The bill (S. 2601) authorizing the construction of railroad bridges Light-House Board relati:ve to additional appropr?ations to complete across the Snake River and across Clearwater River by the Oregon Rail the constructipn of light-houses at Lubec Narrows, Deer Island, and way and Navigation Company-to the Committee on Commerce. Crabtree Ledge; which was referred to the Committee on -Appropria The bill (8. 1097) to provide for the erection of a monument to the tions, and ordered to be printed. memory of Brig. Gen. William Lee Davidson-to the Committee on - PRIVATE LAND CLAIMS, NEW MEXICO. the Library. The bill (S. 2442) to increase the appropriation for the public build The SPEAKER also laid before the House a. letter from the Secretary ing at Detroit, Mich.-to the Committee on Public Buildings and of the Interior, transmitting a supplementary report of the United Grounds. States surveyor-general of New Mexico on private land claim No. 116, The bill (S. 1974) for the erection of a public building at Fort Worth, in the name of Antonio Martinez; which was referred to the Commit Tex.-to the Committee on Public Buildings and Grounds. tee on Prlp.te Land Claims. The bill (8.1889) to authorize the Tennessee Midland Railway Com ADJUSTMENT OF PAY UNDER EIGHT-HOUR LAW. pany to construct a bridge across the Tennessee River at any point on The SPEAKER also laid before the House a. letter from the Secretary the line between the counties of Decatur and Perry, in the State of Ten of War, in response to a resolution of the House asking for information nessee, it may deem acceptable-to the Committee on Commerce. _ as to the probable cost of adjustments of the pay of laborers and me The bill (S. 1856 ) to establish a life-saving station on the Atlantic chanics under the provisions of House bill1322, in regard to the eight -
- # 1888. CONGRESSIONAL RECORD-HOUSE. 2921 '
.A. bill (S. 1762) granting a pension to Benjamin A. Bartram, The SPEAKER. Is there objection? A bill (S. 1831) granting a pension to Mrs. Mary Heap Nicholson; Mr. HOLMAN. Let the report be read. .A. bill (S. 1867) granting a pension to Mrs. Mary L. Ristine; Mr. TAULBEE. Certainly, let itberead. Itisveryshort. I wish A bill (S. 1877) granting a pension to Harriet L. Vaughan; to state also that both the House and the Senate committees reported A bill (S. 1906) granting a pension to Matilda Bleumner; this bill favorably in the last Congress. A bill (S. 1942) granting a pension to Mrs. Ellen Courtney; The report upon the House bill was read, as follows: A bill (S. 1952) for the relief of Sigmund Bauer; The Committee on War Claims, t.o whom was referred the bill (H. R. 2359) A bill {S. 1958) granting an increase of pension to Eleanor B. Good fo;b~ef~~fse~~{ ;fw~l~hAt~ fm~~~~'il:feiri~!sasJ!Fb:fo:und stated in Senate fellow; report from the Committee on Claims of the present Congress, a copy of which A bill (S. 1997) granting a pension to Peter Thompson; is hereto annexed for information. A bill (S. 2006) granting a pension to Mary E. Noll, widow of Philip Your committee adopt the said report as their own, and report back the bil~ and recommend its passage, with the following amendments: Noll; In line 7 strike out the words " Surgeon-General of the Army" and insert the A bill (S. 2014) granting a pension to John Fadow; words "Secretary of War." A bill (S. 2067) granting a pension to William 0. Doyel; Strike out line 9 and to the words "United States," in line 10, inclusive. Strike out from the word" and," in line 11, to the word "war," in line 13, in A bill (S. 2087) granting a pension to Julia B. McComb; clusive. A bill (S. 2088) granting a pension to Matt ie v_. Boothe and Mary [Senate Report No. 272, Fiftieth Congress, first session.] M. Boothe; The claim of Samuel A. B. Woodford for compensation for whisky taken from .A. bill (S. 2100) granting a pension to Charles Tidmarsh; him in 1863 b;y order of General S. D. Sturgis, United States Army, in Clark County, Kentucky, was before the last Congress, and favorable reports were made A bill (S. 2108) granting a pension to George W. De Motte; in both Houses, but no final action was taken before the adjournment.. The pres A bill (S. 2118) granting a pension to Richard H. Van Dorln; ent bill appears to have been drawn according to the report (No.1652) upon the A bill {S. 2129j to increase the pension of Mary M. Gibson·, widow bill before the Senate at the second session of the Forty-ninth Congress. The files of the War Department show conclusively that the whisky was of Commander William Gibson; taken under an order of General Sturgis, dated April-, J863. A copy of the A bill {S. 2138) granting an increase of pension to Ezra A. Miller; order, which is with the papers, shows that General Sturgis directed it to be seized .A. bill {S. 2183) granting a pension to Rachel Plummer; and storeddn Winchester "for the use of the medical department and for such • other use as the proper authorities may direct." A bill (S. 2206) granting a pension to David H. Lutman; It was accordingly stored in the court-house at Winchester under the charge A bill ~S. 2230) granting a pension to D.P. Houghland; of the provost-marshal there, and subsequently hauled away in Government A bill S. 2231) granting a pension to William N. Cline; wagons to Lexington, Ky. ' Captain Linn, who acted as provost-marshal at Winchester, ~d had the A bill S. 2356) to provide a pension for Mrs. Adeline Couzins; whisky in his custody there, in a letter written to General Sturgis, March 2, A bill {S. 2375) granting a pension to Joseph McGuckian; 1886, stating what disposition he made of it, says: A bill (S. 2419) granting a pension to Lemuel R. Rea; "I am confident that there was a receipt for the whole from the medical de partment." A bill (S. 2447) granting a pension to Mary J. Goslee; There is abundant testimony in the record that Mr. Woodford was a Union A bill (S. 2448) granting a pension to Catharine McQuade; man, and that he had no sympathy with those who favored the secession move A bill (S. 2449) granting a pension to James W. Bowman; ment, and that he never, directly or indirectly, aided the Confederate army or cause. There is but a single statement to the contrary, and that is made by an A bill (S. 2520) granting a pension to James White; and officer who first claimed to have captured the whisky before General Sturgis A bill {S. 2567) granting a pension to Nancy Polock. ordered its formal seizure. While his opinion is entitled to respect, it is sup ported by no evidence, and the statements to the contrary are supported by af .•. LEAVE OF ABSENCE. fidavits of many of those among whom Mr. Woodford had lived all hi! life, and who were themselves men of positive Union sentiments, whose loyalty is not By unanimous consent, leave of absence was granted as follows: questioned. · . To Mr. P A'ITON, for ten days, on account of important business~ The bill proposes to refer t.he claim to the Surgeon-General of the Army, to find and determine whether or not the United States received the benefit of To Mr. O'FERRALL, for four days, on account of important business. the whisky, and whether or not Woodford was loyal to the United States dur To Mr. HENDERSON, of North Carolina, for one week, on account of ing the late civil war, and upon finding an affirmative to both questions to im:t:ortant business. award him the value ofthe whisky. The claimant is shown to have used due diligence in prosecuting his demand, To Mr. LATHAM, for one week, on account of the critical illness ofa and it is not his fault that the settlement has been so long delayed. near relative. The committee, regarding the loyalty of the claimant as established by the To Mr. HAYES, indefinitely, on account of important business. evidence, do not consider a further examination of that question necessary. They think, too, that the Secretary of War should, as the head of his Depart To Mr. CLARDY, on account of sickness in his family. ment, ascertain whether or not the United States received the benefit of the 'l'o Mr. WHITE, of New York, for ten days, on account ofsicblessin whisky, and that the responsibility should not rest upon the Surgeon-General his family. oftheArmy. It is therefore recommended that the bill be passed, after being amended as To Mr. PUGSLEY, indefinitely, on account of important business. follows: To Mr. TAULBEE, indefinitely, on account of sickness. In line 7, strike out "Surgeon-General of the Army" and insert "Secretary of To Mr. BOOTHMAN, until.Uonday, April23, on account of important War." · Strike out, after "whisky," in line 9, toe United States," in line 10, inclusive. business. · Strike out line 1.2 and to" war," in line 13, inclusive. To Mr. FORAN, until Tuesday, April 17, on account of important business. The SPEAKER. Is there objection to the present consideration Of To Ml.·. HOLMES, indefinitely. _ this bill? To l'l!r. MATSON, until the 30th instant, on account ofimportant busi Mr. BUCHANAN. Were there not some amendments recommended ness; and by the committee? To Mr. COMPTON, for to-day, on account of important business. The SPEAKER. The report that was read was the report on the House bill, and the amendments recommended were amendments to SAMUEL .A. B. WOODFORD. that bill. This is the Senate bill. The SPEAKER. The gentleman from Kentucky [Mr. TAULBEE], There }}eing no objection, the bill was ordered to a third reading; and on behalf of the Committee on Claims, asks that that committee be dis it was accordingly read the third time, and passed. charged from the further consideration of the bill (S. 525) for there Mr. TAULBEE moved to reconsider the vote by which the bill was lief of Samuel A. B. Woodford, and that it be referred to the Commit passed; and also moved that the motion to reconsider be laid on the tee on War Claims. table. Mr. TAULBEE. I wish to state with reference to this bill that it The latter motion was agreed to. was inadvertently referred to the Committee on Claims, of which I am Mr. LANHAM. I ca~l for the regular order. a member. The Senate has passed this bill, and the Committee on POSTAL TELEGRAPH. War Claims have reported unanimously a bill similar in all its pro Mr. BAYNE. Mr. Speaker, I rise to a privileged question. visions. I ask unanimous consent that the bHl be now considered. I The SPEAKER. The gentleman will state it. think it is one to which no one will object. I ask that the Senate bill Mr. BAYNE. Petitions are in the hands of nearly every member be substituted for the House.bill. of the House,. perhaps of every member, with reference to the estab The SPEAKER. The gentleman can ask for the passage of the Sen lishment of a Government telegraph. There is a diversity of opinion ate bill. The Clerk will read the bill, after which the Chair will ask as to what committee those petitions should be referred to. Some of for objections. them have been referred to the Committee on Commerce, others to the The bill was read, as follows: Committee on the Post-Office and Post-Roads, and still others, as I un Beitenaeled,etr..,ThattheclaimofSamuelA.B.Woodford,ofClarkCounty,Ken derstand, to the Committee on Labor. I desire to ask for the refer tucky for the value of seventy-five barrels of whisky, taken from him by order of General Samuel b. Sturgis, in April, 1863, be referred to the Surgeon-General of ence of these petitions to the proper committee, and to have that ques the Army to find and determine whether or not the United States received the tion decided. benefit of said whisky, and whether or not said Woodford, during the late civil The SPEAKER. The Chair has examined some of the petitions, and war, was loyal to the United States; and if he shall find that said whisky was taken for the benefit of the United States (and that said claimant was loyal to presumes they are all substantially alike. They ask for the establish the United States during the late civil war), to determine and award to the ment of a telegraph as a part of the postal system, and the Chair thinks claimant the value of the whisky so taken; aad the Secretary of the Treasury that under the rules of the House they ought properly to go to the be, and he is hereby, authorized and directed to pay the sum so awarded if Committee on the Post-Office and Post-Roads, but, under the rules, that any, to said Woodford. And that a. sufficient sum be, and is hereby, appropri :!:~t fu!rofo~~Y money in the Treasury not otherwise appropriated, for the pay- is a matter which is left to the judgment of each individual member when he presents a petiti~n. '\ ' 2922 OONGRESSIONAL REOORD--HOUSE. ~PRIL 13,
:Mr. RAYNER. Does the Chair make that ruling? dians in Montana receiving rations at Fort Peck, Fort Belknap, and Blackfeet agencies, by which they cede to the United States 17,500,000 acres ofland. The The SPEAKER. The Chair has made no ruling upon the subject, first amendment of the Senate, which is agreed to as amended, opens said land beouse it is not one upon which the Chair can officially make a ruling. for disposal under the homestead law, except as to the provision of said law con The rules of the Honse provide that when a petition is presented by a to.ined in section 2301 of Revised Statutes of the United States-coal, minero.l, des ert., and town-site lands of the United States only-thereby excluding it from dis member he shall indorse upon it such reference as he thinks proper and posal under the commuted homestead, pre.emption, and timber-culture acts. '£he put it in the petition-box. second and only other amendment of the Senate provides for 1\ commis ion to Mr. RAYNER. There is a bill now on the Calendar of the House on n egotiate with the Southern Utes of the State of Colorado in regard to chanooe of reservation by sale or otherwise, subject to the ratification of Congres . ., that subject. All of which is respectfully submitted with recommendation that said amend· The SPEAKER. The Chair does not know what that bill is. Any ments be adopted. petition or bill which proposes to make the telegraph a part of the S. W.PEEL, SILAS HARE, pcstn.l system shonld go, the Chair supposes, to the Committee on the Managers on the part of the Hou1e. Post-Office and Post-Roads. The conference report was adopted. :M:r. RAYNER. There is a point of order being made on that. We Mr. PEEL moved to reconsider the vote by which the conference claim that it should go to the Committee on Commerce. report was adopted; and also moved that the motion to reconsjder be SIGN.AL-SERVICE BUILDINGS. laid on the table. l\1,r. DIBBLE. Mr. Speaker, I ask unanimous consent to make an The Jatter motion was agreed to. urgent report from the Committee on Public Buildings and Grounds DIVISIO~ OF GRE;<\.T SIOUX INDIAN RESERV.A.TION. appropriating the money necessary to complete a purchase already Mr. PEEL. J desire to submit another conference report. agreed upon, passed into a law, and approved by the President, a site The Clerk read as follows: for a building for the Signal Service here in Washington. The act The committee of conference on the disagreeing votes of the two Houses on authorizing the purchase of the site contains no appropriation, and the the amendments of the Senate t<> the bill (H. R. 7315) to divide the Great Sioux Department will save $1,000 a month by an immediate appropriation Ind~n reservation into smaller separate reservations, and for other purposes, of the money so as to stop rentals and other outside expenses. There ha.vmg met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows: fore, in the interest of economy, I ask unanimous consenttoreportthe That the House recede from itsdisagreementtotheamendments of the Senate bill at this time. It is a Senate bill. numbered 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 30, 3~. 33, 34., 35, 36, 37, 38, :l9, 40, 41, 42, 43, 4!, 45, 46, 47, 48, 50, 51, 52, 54, 55, The SPEAKER., The bill will be read, after which the Chair will 56, 57, 58, 59, and 60, and agree to the same. ask for objections. Amendment numbered 5: That the House recede from its disagreement to The billwas read, as follows: the amendment of the Senate numbered 5, and agree t<> the same with an amend ~he Be ·it enacted, etc., That there is hereby appropriated out of any moneys in the ment as follows: Insert in said amendmenti after "entitled," in line 31 fol Treasury not otherwise appropriated a sum sufficient to carry out the provisions lowing: "To be paid out of the proceeds of ands relinquished under tnis act." of an act entitled "An act for the purchase of a site, including the building Also strike out allofsa.idamendmentafter "Interior," inline4; and theSenate thereon, also for the erection of the necessary store-houses, for the use of the agree t<> the same. office of the Chief Signal Officer of the Army, at the city of Washington, D. C,'' Amendment numbered 14: That the House recede from its disagreement to approved March 5, 1888. · the amendment of the Senatenumbered14, and agree to the same with an amend ment as follows: Lines 12 and 13 of said amendment of the Senate, strike out The RPEAKER. Is there objection to the present consideration of "and the form and niannerof executing such release shall also be prescribed by. this bill? Congress; •' and the Senate a.,.aree to the same. Amendment numbered ?:7: That the House recede from its disagreement to Ther~ was no objection. · the amendment of the Senate numbered 27, and agree to the same with an The bill was ordered to a third.reading; and it was accordingly read amendmentasfollows: Strikeout "or,"insaidamendment, and insert "and; u the third time, and passed. and the Senate agree to the same. . - Amendment numbered 29: That the House recede from its disagreement to Mr. DIBBLE moved to reconsider the vote by which the bill was the amendment of the Senate numbered 29, and agree to the same with an passed; and also moved that the motion to reconsider be laid on the amendment. as follows: Line 7 of said amendment, after "facilities," insert "of table. and for said railways." Also, at the end of said amendment add "connected with said railways:" and the Senate agree to the same. The latter motion was agreed to. Amendment numbered 31: That the Senate recede from its disagreement to POST-OFFICE APPROYRIATION lULL. the amendment of the Senate numbered 31, and agree to the same with an amendment as follows: Strike out all on page 13ofthe bill after and including :Mr. BLOUNT, from the Committee on the Post-Office and Post-Roads, "and," in line 10, and insert: reported a bill {H. R. 9345) making appropriations for the service of ".And provided further, Th:~.t said railway companies and each of them shall, the Post-Office Department for the fiscal year ending June 30, 1889; within nine months after thj,s o.
' . ~ .' ~
1888. CONGRESSIONAL RECORD-HOUSE. 2923
and their effect, herewith submit the following detailed statement, all ofwhich The difference between the passage of the bill and the taking effect of are recommended for adoption : the bill is that the bill must be ratified by three-fourths of the Indians The o-enernl features of the bill with its principal aims and provisions have not ~n chan"'ed o1· modified in any manner so as to materially affect the bill. before it becomes a law. The House conferees submitted an amend Amendmen~ 1, 2, a. 4, 6, 7, 8, 9,10, ll, 12,13,15, 16, 17, 18,19, 20, 21, 22, 23, 24, 25, 26, zrt ment on this point, which was agreed to by the Senate, to strikeout the 28, 29, 30, 32, 33, 3!, 35, 36, 37J 38, 43, 44, 46, 47, 48, 53, 54, 55, 56, 57, 58, and 59, are a amendments changing pnraseology and not provisions of bill, mostly changing term fixed in that body-four years-and insert three years after the the number of section merely so as to be numerical. · law takes effect, with a further amendment that the road be required Amendment 5: Permits Flambeau Indians to buy lands on the Sisseton reser to make a definite location of the right of way for all lands t:aken under vation instead of taking allotments on the Great Sioux reservation, using only the bill within nine months or forfeit its right, and the Secretary of the the 50 cents au acre which their lands thus bring and buying only the amount allotted to them. Interior must approve it within three months; and iftheyfuil to do so, Amendment.l4: Inserts a new section which only reaffirms the allotment law then they forfeit their right and all rights accorded to them under the already passed. . bill. That is the only change of material importance in the bill. There Amendments 29, 30,and 31: Although 29 and 30 are somewhat immaterial as to phraseology, yet it. is the railroad section, and is as the House passed it, ex fore I should dislike vecy. much to see j;he bill allowed to lie over cept that it is more binding on the railroad company and gives them land only any longer. It has been.l>efore the House for a long, long ti~e, and I for railroad p~S_!I,Istrictly, and requires the railroad companies to select their think is clearly understoo'!! in all of its parts. right of way and ~t grounds within nine months after the taking effect. of this act, file maps thereof, and upon failure to build within three years of taking Mr. ADAMS. Allow me to &.'loy to the gentleman from Arkansas it effect of this act to forfeit all without further legislation; President to issue has not lJeen before the House on the Senate amendments. I wish to proclamation thereof. say him that although I noticed the amendment substi~ting .Amendments 39, 40, 41, nnd42: Change school section, d.ispensing with super to four intendent, but building school-houses, just the sa.me, under direction of the Sec years for three years in the bill, I was not aware at that time that any retary of the Interior. railroad right-of-way interest was involved in the bill at all until I Amendment 45: Provides for payment by the towns to the Indians if any of was subsequently informed of_ that fact. their improvements are on American, Farm, and Niobrara Islands. Amendments 49, 50, 51, and 52: Provide that while protecting settlers on Crow Now, whether it be right or wrong, I ask the gentleman whether any Creek reservation in their claims taken in good faith between the two procla particular public interest will suffer if the bill be allowed to lie over mations, one opening and the other closing land to settlement, that settlers must live on land, whether homestead or pre-emption, the same time that they do on and be printed in the RECORD, SO that we may go through the form at other parts of the reservation. least of discharging our duty in connection with the consideration of Amendment 60: Simply change3 title of bill-no difference in meaning. the amendments? All of which is unanimously agreed to by the undersigned managers on the M:r. PEEL. I do not know that any important public interest would part of the House. S. vt. PE~...!-. suffer, but the only objection to any further delay is that this bill has THOS. R. tlUllD, been before Congress for eight or ten years, and I think it is well un KNUTE NELSON, is pas~ Managers on the part of the House. derstood in all of its parts. The whole country expecting the sage of the bill. They have been anxiously waiting for years for some The SPEAKER pro tempore (Mr. HATCH). The question is on the such measure. The effect of the bill, as the gentleman is aware, is to adoption of this report. . open up a large amount of the public domain, from which settlers are Mr. ADAMS. Mr. Speaker, if I am not mista,ken, when the Senate now excluded, to settlement under the homestead law at 50 cents an amendments to this bill came to the House the gentleman from Ar acre, and confine the Indians to a very small reservation. kansas [:Mr. PEEL] asked unanimous consent to non-concur in the I will say further that I believe every lnaian association ever organ • amendments and agree to a conference with the Senate thereupon. I ized and every element in this country that ha.s given the subject con always notice a request of that kind, feeling that it is my duty to-get sideration has had a chance to review and consider the provisions of the .· up and object, because the consequence is, as a rule, that the duty of bill, and as it stands it meets the concurrence of all of them. Not an legislating upon these subjects, which the Honse should undertake and objection has been made by any of these Indian rights associat.ions or -perform for itself, is simply delegated by such process to the three mem by any persons interested in their welCue, and I do hope the gentleman bers of the House who may be selected and to three members of the will withdraw his objection and let-the report be adopted. other body. But I dislike to object very much to such requests, and Mr. ADAMS. If the gentleman will allow me one word further I . therefore I allowed the request in this instance to go through. will not trespass further upon the time of the House. I think ty.e ob I simply desire now, sir, to call the attention of this House to the ject I had in view is obvious; a d the gentleman will take notice from fact that an import.ant bill, considered, it is true, in the first instance what I said that my objection is as to the continuance of this practice by this House, went to the other body, was amended there by the in in the House. sertion of some sixty amendments, and these amendments, having been I have seen that practice growing ever since I came to Congress. returned to this body, have never been considered by the House of Rep During my term of service here I have thought time after time that it resentatives at all. They have been considered by the conferees on was my duty to rise and object. I did not care to do sow bile I was a new the part of tbe House, and by them alone. They are intelligent gen member. But I say it is a vicious practice and one which involves a tlemen, I have no doubt. They are far more familiar with this sub question much larger ~an this bill. ~t may be this bill is entirely un ject in its details than I am. I do not profess any familiarity with it exceptionable; it may be that every provision agreed upon by the com whatever; but I do wish to :prote$t against this method of legislation, mittee of conference is correct; but I insist as a general principle it is a by which, for the purpose of avoiding a little delay or possible incon bad habit for the House to confirm a conference report without having venience, this House delegates the duty which it should perform ~d the Senate amendments read so that the House can understand them. remits it to three members selected from each body. It seems to me Mr. PEEL. I appreciate the reasons given by the gentJeman from that although many of these amendments may be merely clerical and lllinois for caution with reference to conference reports, bntnnder the of little importance, the conference report should be at least printed new rules of the House the managers of the conference are required to and lie over for one day, and we should have an opportunity of seeing give a full and clear statement of the effect of all that has been agreed it in print and going at least through the form of considering it, either to by the committee of conference. · I think that meets the objection of approving or rejecting the amendments in detail. It is idle to say that the gentleman from illinois. I demand the previous question. we approve or reject them when for the sake of saving time we agree to The previous question was ordered, and under the operation thereof the report of the conference committee, when not one man in ten can the report was adopted. tell anything whatever about what the amendments are or what effect Mr. PEEL moved to reconsider the vote by which the report was they will hn.ve upon the bill. • adopted; and also moved that the motion to reconsider be laid on the Mr. PEEL. :Mr. Speaker, I desire only to say in response to the table. gentleman from illinois that, as stated in the report submitted under The latter motion was agreed to. the rule by the managers on the part of the House, the various amend ENROLLED BILLS SIGNED. ments which have been suggested by the Senate and acted upon by the Mr. FISHER, from the Committee on Enrolled Bills, reported that conference committee are clearly and distinctly set forth, and their ef the committee bad examined and found duly enrolled bills of the -fol fect upon the bill is ~iven in detail as clearly and fully as language can lowing titles; when the Speaker signed.the same: accomplish such a purpose. All the amendments are set forth in the A bill (H. R. 1818) for construction of a revenue-cutter for Charles report and their effect stated. ton, S.C., in maintenance of the service, to replace the United States The House will observe, if it has observed the reading of the report, revenue-cutter McCulloch; that in nearly all of the amendments the changes suggested by the A bill (H. R. 3796) to purchase of the widow and children of the Senat~ were merely in phraseology, without changing any material ]ate General James Shields certa.in swords; section or item in the bill, and those that are material are clearly and A bill (H. R. 4811) for the relief of Robert Johnston, ofthe State of distinctly set out in the report, so that every member who listened to New York; the reading of the report can fully understand their purport. A bill (H. R. 5062) for the erection of a public building at Birmjng And I will further state for the information of the House: It will be ham, Ala.; found that the most material change made from the bill of the House A bill (H. R. 5639) for erecting a fire-proof workshop at the Na was in regard to the railroad clause, granting the right of way. The tional Armory; House committee reported the bill allowing these roads two years from A bill (H. R. 5673) to give validity to certain patents for inventions the time the bill passed the House to complete the road. The House which were irregularly executed; amended it by extending that period to three years. The Senate A bill (H. R. 6'l....91) for the relief of R. S. Stanley, postmaster at amendment was to fix the time at four years after the bill takes effect. Booneville, Miss. ; and --- 2924 CONGRESSIONAL RECORD-HOUSE. APRIL 13,.
A bill (H. R. 8044) to change the time of the sessions of the circuit BRIDGES IN NORTH CAROLINA. and district courts of the no1·them division of the eastern district of :M:r. CRISP also, from the Committee on Commerce, reported back] Missouri. with amendments the bill (H. R. 8492) authorizing the construction] EXHffiiTION IN BRUSSELS. of bridges over the Northeast River, the Black River, and Cape Fear1 The SPEAKER pro tempore laid before the House the joint resolution River, in the State of North Carolina; which was referred to the Com-1 (S. R. 70) appropriating $30,000 for the international exhibition at· mittee of the Whole House on the Private Calendar, and, with thd Brussels, Belgium; which was read twice, and referred to the Commit amendments and accompanying report, ordered to be printed. tee on Foreign Affairs. GEORGE W. DAVENPORT. DULUTH AND SOUTHWESTERN RAILROAD. Mr. FORD, from the Committee on Military Affairs, reported back~ Mr. McSHANE. I present the report of a committee of conference. with a favorable recommendation the bill (H. R. 882) to correct the1 The Clerk read the report, as follows: muster of and for the relief of George W. Davenport; which was re-' 1 The committee of conference on the disagreein~otes of the two Houses on ferred to the Committee of the Whole House on the Private Calendar, the amendments of the Senate to the bill {H. R. 1584) granting the right of way and, with the accompanying report, ordered to be p ted. to the Duluth, Rainy Lake River and Southwestern Railway Company through certain Indian lands in the State of Minnesota. having met, after full and free ANDREW J. SMITH. conference have agreed to recommend and do recommend to their respective Houses as follows : Mr. GEAR, from the Committee on Military Affairs, reported back'• That the House recede from its disagreement to the amendments of the Sen with a. favorable recommendation the bill (H. R. 2579) authorizing thel ate and agree to the same. President appoint and retire Andrew J. Smith, late colonel of the' THOMAS R. HUDD, to JOHN A. McSHANE, Seventh United States Cavalry and a major-general of volunteers; which-1 KNUTE NELSON, was referred to the Committee of the Whole House on the Private Cal-· Managers on the part of Ol6 House. endar, and, with the accompanying report, ordered to be printed. H. L. DAWES, GEORGE HEARST, ALVIS BESHEARS. THOMAS M. BOWEN, Managers on the part of the &nat~. Mr. GEAR, from the Committee on Military Affairs, reported back The statement of the managers on the part of the House was read, with a favorable recommendation the bill (H. R. 2948) to correct the as follows: · military record of Alvis Beshears; which was referred to the Commit tee of the Whole Houseon the Private Calendar, and, with the accom The managers on the part of the ~use upon the disagreeing votes of the two Houses upon the Senate amendments to the bill {H. R. 1584) "granting the right panying report, ordered to be printed. of way to the Duluth, Rainy Lake River and Southwestern Railway Company 7 through certain Indian lands in the State of Minnesota," make the following DAVID B. l\1 KIBBIN. detailed statement as to the effect of the several SellJlote amendments recom· Mr. STEELE, from the Committee on Military Affairs, reported back mended for adoption: with an amendment the bill (H. R. 5283) for the relief of David B. The first amendment prescribes that the consent of the Indians to the right of way shall be obtained by the railway company in such manner as the President McKibbin; which was referred to the Committee of the Whole House may direct. on the Private Calendar, and, with the accompanying report, ordered The second amendment requires that the amount of compensation due indi vidual Indians for damages sustained by the location of the road shall be fixed, to be printed. ascertained, and paid in the like.ma.nner as compensation for damages sustained ALFRED J. WORCESTER. by the band or tribe as such. Mr. STEELE also, from the Committee on Military Affairs, reported The third amendment requires that the Secretary of the Interior's approval of the plots of definite location of line of road shall be in writing and open to the back with a favorable recommendation the bill (H. R. 7470) for there inspection of all interested parties. lief of Alfred J. Worcester; which was referred to the Committee of the The fourth amendment is merely to correct a. verbal inaccuracy, substituting Whole House on the Private Calendar, and, with the accompanying re the ph1·ase "due regard for the rights of the Indians" for the phrase "due re gard for the India'tls." port, ordered to be printed. The fifth amendment strikes ont section 6 of the original bill, which provides " lhat the act shall take effect from and after its passage and publication.'' ADVERSE REPORT. The sixth amendment makes an additional section, the effect of which is to Mr. STEELE also, from the Committee on Military Affairs, reported prohibit the railway company from attempting or aiding in depriving the In back adversely bills of the following titles; which were severally laid dians of their title or interest in their reservation or any part thereof, and from opening np their reservation or any part the'reofto settlement; and prescribes on the table, and the accompanying reports ordered to be printed: a total forfeiture of the right of way m case this prohibition is violated. A. bill (H. R. 8412) for the relief of ~chael Needy; The seventh amendment makes an additional section, reserving to Congress A. bill (H. R. 8457) to remove the charge of desertion from the record the unlimited right of amendment or repeal. THOS. R. HUDD, of James W • .Byrd; JOHN A. McSHANE A bill (H. R. 8499) to remove the charge of desertion against Alfred KNUTE NELSON, ' G. Romine; Ma'IUJ,gers on the part of the House. A bill (H. R. 8503) for the relief of Otis H. Gay lord; The report of the committee of conference waB agreed to. A bill (H. R. 8536) for the relief of Benjamin M. Clark; Mr. McSHANE moved to reconsider the vote by which the report A bill (H. R. 8540) for the reliei of Bernard Drinks; was agreed to; and also moved that the motion to reconsider be laid A bill (H. R. 8551) for the relief of Ira Hann; · on the table. A bill {H. R. 8572) to correctthemilitaryrecordof George W. Camp; The latter motion was agreed to. A. bill (H. R. 6604) for the relief of James S. Fausey; ORDER OF BUSINESS. A bill (H. R. 8584) for the relief of Elias Dutton, Inez, Martin County, Mr. LANHAM. I call for the regular order. Kentucky; The SPEAKER pro tempore. The regular order is the call of com A bill (H. R. 940) to remove the charge of desertion from the r~cord _ mittees for reports of bills of a private nature. The morning hour of Aquilla Mahan; commences at six minutes to 2 o'clock. A bill (H. R. 8543) to remove the charge of desertion from the mili Mr. TAULBEE. I ask unanimous consent to dispense with the tary record of Charles Richter; morning hour and to allow reports to be filed at the Clerk's desk. A. bill (II. R. 8681) to remove the charge of desertion against Henry Mr. STEELE. I object. Crangle; • A bill (H. R. 8445) for the relief of John T. Crownover; EXPOSITION AT LOUISVILLE, KY. A bill (H. R. 8408) for the relief of Thomas Lymaugh; Mr. BYNUM, from the Committee on Ways and Means, reported A bill (H. R. 8555) for the relief of Nicolas Dailey; back with a favorable recommendation the bill (H. R. 4771) for the A. bill (H. R. 8702) for the relief of John Pifher; relief of the Southern Exposition at Louisville, Ky.; which was re A bill (H. R. 8703) for the relief of Charles W. Creager; ferr~d to the Committee of the Whole House on the Private Calendar, A bill (H. R. 8708) for the removal of the charge of desertion from and, with the accompanying report, ordered to be printed. the record of George W. Dunlap; BRIDGE OVER TENNESSEE RIVER. A1bill (H. R. 8803l for the relief of John Holt; A. bill (H. R. 8676 for the relief of David Hulburt; Mr. CRISP, from the Committee on Commerce, reported back with A. bill (H. R. 8766 to remove the charge of desertion from the mili- a favorable recommendation the bill (H. R. 8623) authorizing the tary record ot John Williams; • construction of a bridge over the Tennessee River near Guntersville, A bill (H. R. 8765) for the relief of William Kline; and for other purposes; which was referred to the Committee of ilhe A bill (H. R. 3436) for the relief of Richard Facion; Whole House on the Private Calendar, and, with the accompanying A bill (H. R. 8736) to remove the charge of desertion against John report, ordered to be printed. Young, and to place his name on the pension-roll; REGISTRY OF BARGES. A bill (H. R. 7906) for the relief of Alphens P. Stephenson; and Mr. CRISP also, from the Committee on Commerce, reported back A bill (H. R. 8535) for the relief of Thomas A. McLaughlin. with a favorable recommendation the bill (H. R. 6072) for the registry Mr. STEELE. Mr. Speaker, I ask that those bills lie on the table of the barges Alfred M., Condor, and Ade1ante; which was referred to without prejudice, and that the accompanying report be printed. the Committee of the Whole House on the Private Calendar, and, with The SPEAKER pro tempore. The report ~ill be printed ns a matter the accompanying report, ordered to be printed. of course. 1888. CONGRESSIONAL RECORD-HOUSE. 2925
HENRY S. PRATT. RIGHT OF Wl!l£ THROUGH CROW INDIAN RESERVATION. Mr. CUTCHEON, from the Committee on Military Affairs, reported Mr. COBB, from the Committee on Indian Affairs, reported back back with afavorable recommendation the bill(H. R. 4692)for there favorably the bill fS. 325) granting to the Billings, Clark's Fork and _ lief of Capt. Henry S. Pratt; which was referred to the Committee of Cooke City Railroad Company the right of way through the Crow In the Whole House on the Private Calendar, and, with the accompany dian reservation; which was referred to the Committee of the Whole ing report, ordered to be printed. House on the Private Calendar, and, with the accompanying report, ordered to be printed. ANDREW R. G. SMITH. Mr. NELSON. I ask leave to file the views of a minority of the Mr. CUTCHEON also, from the Committee on Military Affairs, re committee on this bill. ported back with an amendment the bill (H. R. 5156) for the relief of Mr. COBB. I thought it was understood between us that we would Andrew R. G. Smith; which was referred to the Committee of the adopt the report and views of the minority made on the pending House Whole House on the Private Calendar, aud, with the accompanying re bill on the same subject-matter as this bill. port, ordered to be printed. Mr. NELSON. I prefer to file additional views of the minority. 1 SARAH K. M'I~EAN. Mr. COBB. Then I may wish to file an additional report. 1\Ir. ROBERTSON, from the Committee on Military Affairs, reported There being no objection, leave to file the views of the minority and back with a favorable recommendation the bill (H. R. 3927) for there also an additional report of the committee was granted. lief of Sarah K. McLean; which was referred to the Committee of the JOHN LITTLE AND HOBART WILLIAMS. Whole House on the Private Calendar, and, with the accompanying Mr. McSHANE, !rpm the Committee on Indian Affairs, reported back ' report, ordered to be printed. favorably the bill (H. R. 2626) for the relief of John Little and Hobart WILLIAM GRAY. Williams; which was referred to the Committee of the Whole House Mr. HOOKER, from the Committee on Military Affairs, reported on the Private Calendar, and, with the accompanying report, ordered back favorably the (bill H. R. 422) for the relief of William Gray; which to be printed. was referred· to the Committee of the Whole House on the Private Cal RIGHT OF WAY THROUGH PUBLIC LAND, ETC. endar, and, with the accompanying report, ordered to be printed. Mr. PERKINS, from the Committee on Indian Affairs, reported back NATHANIEL CRANE. with amendment the bill (H. R. 7223) to grant the right of way through Mr. LAffiD, from the Committee on Military Affairs, reported back the Public Land Strip and Indian Territory to the Montana, Kansas and fhvorably the bill (H. R. 3551) for the relief of Nathaniel Crane; which Texas Railroad Company, and for other purposes; which was referred was referred to the Committee of the Whole Honse on the Private Cal to the Committee of the Whole House on the Private Calendar, and, endar, and, with the accompanying report, ordered to be printed. with the accompanying report, ordered to be printed. TIMOTHY C. BABJEROW. SUSAN JONES. Mr. LAffiD also, from the Committee on Military Affairs, reported Mr. MATSON, from the Committee on Invalid Pensions, reported back favorably the bill (H. R. 6527) to remove the charge of desertion back with amendments the bill (H. R. 3125) for the relief of Susan against Timothy C. Barjerow; which was referred to the Committee of Jones; which was referred to the Commitiee of the Whole House on the Whole House on the Private Calendar, and, with the accompanying the Private Calendar, and, with the accompanying report, ordered to - repC?rt, ordered to be printed. ...., be printed. ANN V. FERGUSON. MARTIN l\11NAMARA. Mr. LAIRD also, from the Committee on Military Affairs, reported Mr. MATSON also, from the Committee on Invalid Pensions, re back fuvorably the bill{H. R. 4.843)}orthe relief of Martin McNamara, ported back with amendments the bill (H. R. 7944) granting a pension alias Martin Mack; which was referred to the Committee of the Whole to Ann V. Ferguson; which was referred to the Committee of the Whole House on the Private Calendar, and, with the accompanying report, House on the Private Calendar, and, with the accompanying report, ordered to be printed. ordered to be printed. WARREN OHAVER. G. W. l\11CULLOUGH. Mr. LAIRD also, from the Committee on Military Affairs, reported Mr. MATSON also, from the Committee on Invalid Pensions, reported_ back favorably the bill (H. R.1105) for the relief of G. W. McCullough; backfavorablythebill(H. R. 2156)grantingapension to Warren Ohaver; which was :referred to the Committee of the Whole House on the Pri which was referred to the Committee of the Whole House on the Pri vate Calendar, and, with the accompanying report, ordered to be printed. vate Calendar, and, with the i!ccompanying report, ordered to be printed. HENRY ISENBURG. LIEUT. JAMES G. W. HARDY. lfr. LAIRD also, from the Committee on Military Affairs, reported . Mr. MATSON also, from the Committee on Invalid Pensions, repmted back favorably the bill (H. R. 6068) for the relief of Henry Isenburg; back favorably the bill (H. R. 8281) for the relief of Lieut. James G. • which was referred to the Committee of the Whole House on the Pri W. Hardy; which was referred to the Committee of the Whole House vuteCalendar, and, with the accompanying report, ordered to be printed. on the Private Calendar, and, with the accompanying report, ordered ANDREW BROWN. to be printed. Mr. LAIRD also, from the Committee on Military Affairs, reported CULI~EN W. GREEN. back fuvorably the bill (H. R. 3974) to remove the charge of desertion Mr. MATSON also, from the Committee on Invalid Pensions, reported from Andrew Brown; which was referred to the Committee of the Whole back favorably the bill (H. R. 3537) granting a pension to Cullen W. House on the Private Calendar, and, with the accompanying report, or:• Green; which was referred to the Committee of the Whole House on dered to be printed. the Private Calendar, and, with the accompanying report, ordered to RUSH CARLEY. be printed. Mr. LAIRD also, from the COmmittee on Military Affairs, reported JOANNA BARRY. back favorably the bill (H. R.2729) for the relief of Rush Carley; which Mr. MATSON also, from the Committee on Invalid Pensions, re was referred to the Committee of the Whole House on the Private Cal ported back favorably the bill {H. R. 4653) granting a pension to Jo endar, and, with the a-ccompanying report, ordered to be printed. anna Barry; which was referred to the Committee of the Whole House ADVERSE REPORTS. on the Private Calendar, and, with the accompanying report, ordered Mr. LAIRD. I send to the desk several bills upon which the Com to be printed. mittee on Military Affairs report with the recommendation that they ENOCH WEATHERS. be laid on the table without prejudice, the subject-matter being cov Mr. MATSON also, from the Committee on Invalid Pensions, re erved by other legislation referred to in the report. ported back favorably the bill (H. R. 6973) for the relief of Enoch The following bills reported by Mr. LAIRD were severally laid on Weathers; which was referred to the Committee of the Whole House the table, and the accompanying reports ordered to be printed: on the Private Calendar, and, with the accompanying report, ordered A bill (H. R. 3226) for the relief of Jeremiah Fritts; to be printed. A bill (H. R. 5070) for the relief of Peter Crenshaw; JOHN GLENNING. A bill (H. R. 6447) for the relief of Edward Marcum; and Mr. MATSON also, from the Commiltee on Invalid Pensions, re A bill (H. R. 3967) to remove the charge of desertion from Michael ported back favorably the bill (H. R. 7688) granting a pension to John Shannon. GIE!nning; which was referred to the Committee of the Whole House GRADE OF Co:!\IMANDER IN THE NAVY. on the Private Calendar, and, with the accompanying report, ordered ~fr. ABBOTT, from the Committee on Naval Affairs, reported back ~o be printed. adversely the bill (H. R. 4298) touching the grade of commander in M.A.RY NEVELS. the Navy, and to correct an error in relation to an appointment there Mr. MATSON also, from the Committee on Invalid Pensions, report-ed" in; which was referred to tbe Committee of the Whole Honse on the back favorably the bill (H. R. 7162) for the relief of Mary Nevels; Private Calendar, upon the request of Mr. HoLMAN: and the accom which was referred to the Committee of the Whole House on the Pri panying report ordered to be printed. vate Calendar, and, with the accompanying report, ordered to be printed. . .. ' 2926 ' •. CONGRESSIONAL RECORD-HOUSE.
.ANNA M. THIELE. ,_ back with a ·favorable recommendation the bill (S. 1495) granting a pen Mr. MATSON also, from the Committee on Invalid Pensions, reported sion to Mrs. Mary McGeei which wruueferred to the Committee of the back favorably the bill (H. R. 6976) for the relief of Anna M. Thiele; Whole Honse on the Private Calendar, and, with the accompanying re whlch was referred to the Committee of the Whole House on the Pri port, ordered to be printed. vate Calendar, and, with the accompanying report, ordered to be printed. MRS. MARGARET GALLAGHER. NANCY BALDWIN. 1\'Ir. FRENCH also, from the Committee on Invalid Pensions, reported Mr. MATSON also, from the Committee on Invalid Pensions, reported back with a favorable recommendation the bill (S. 5) gr:mtin~ a pension back favorably the bill (H. R. 4504) for the relief of Nancy Baldwin; to Mrs. Margaret Gallagher; which was referred to the Committee of the whlch was referred to the Committee of the Whole House on the Pri Whole House on the Private Calendar, and, with the accompanying re vate Calendar, and, with the accompanying report, ordered to be printed. port, ordered to be printed. ADVERSE REPORTS. SOPHIA SCHIMl\IELFENING. 1\f r. MATSON also, from the Committee on Invalid Pensions, reported 1\fr. LYNCH, from the Committee on Invalid Pensions, reported back back ad~ersely bills of the following titles; which were severally or with amendments the bill (H. R. 5284) increasing pension of Sophia dered te be laid upon the table, and the accompanying reports printed, Schimme1fening, widow of Alexander Schimme1fening, late brigadier namely: general and major-general by brevet; which was referred to the Com A bi11 (H. R. 5530) for the relief of Thomas Harris; mitteeofthe Whole House on the Private Calendar, and, with the amend A bill (H. R. 354.0) granting a pension to Joseph Zimmerman; ments and accompanying report, ordered to be printed. A bill {H. R. 21S3) forthereliefof JesseT. Battles; LEAH ROORK. A bill (H. R. 4657) granting a pension to Wilhelmine C. Druschel; 1\Ir. WALKER, from the Committee on Invalid Pensions, reported A bill (H. R. 4763) granting a pensiOn to Joseph Van Arsdel;' back with a favorable recommendation the bill (H. R. 6531) to pension A bill (H. R. 6852) for the relief of Albertina Eberlin; Leah Roork; which was referred to the Committee of the Whole House A bill (H. R. 5356) granting a pension to Eliza Etnire; on the Private Calendar, and, with the accompanying report1 ordered A bill (H. R. 4761) granting a pension to Samuel Price; to be printed. A bill (H. R. 4656) for the relief of Joseph D. McClure; AMANDA F. DECK. A bill (H. R. 6502! for the relief of Joseph D. McClure; A bill (H. R. 3528 for the relief of Samuel C. Fisher; Mr. WALKER also, from the Committee on In~Iid Pensions, re ported back with a favorable recommendation the bill (S. 470) granting A bill (H. R. 7689 granting an increase of pension George Bern- to a pension to Amanda F. Deck; which was refened to the Committee hard· A bill (H. R. 3538) granting a pension John Slissler; of the Vlhole House on the Private Calendar, and, with the accompany to ing report, ordered to be printed. A bill (H. R. 3535) granting a pension to William H. Brewer; and A bill (H. R. 8214) to increase the pension of Abraham Heilman. TILLMAN FAUX. MARY ANN LANG. Mr. PIDCOCK, from the Committee on Invalid Pensions, 1·eported back with a favorable recommendation the bill (H. R. 5378) for the Mr. CHIP1t1AN, from the Committee on Invalid Pensions, reported relief of Tillman Faux; which was referred to the Committee of the back favorably the bill (H. R. 7907) granting a pension to Mary Ann Lang; Whole Honse on the Private Calendar, and, with the a ·- 2928 CONGRESSIONAL RECORD-J;IOUSE .. APRIL 13, ferred to the Committee of the Whole House on the Private Calendar, ported back favorably the bill (S. 433) granting an increase of pension and, with the accompanying report, ordered to be printed. to General S. W. Price; which was referred to the Committee of the The original bill, H. R. 5313, was laid on the table. Whole House on the Private Calendar, and, with the· accompanying LUCIUS B. VARNEY. report, ordered to'be printed. Mr. GALLINGER also, from theCon;unitteeon Invalid Pensions, re- MARY DICKINSON. ported back with an amendment the bill (H. R. 8607) to increase the Mr. SAWYER, from the Committee on Invalid Pensions, reported pension of Lucius B. Varney; which was referred to the Committee of back favorably the bill (II. R. 8779) granting a pension to Mary Dick the Whole House on the Private Calendar, and, with the accompanying inson; which was referred to .the Committee of the Whole House on report, ordered to be printed. the Private Calendar, and, with the a~mpanying report, ordered to HANNAH BABB H UTCHENS. be printed. Mr. GALLINGER also, from the Committee on Invalid Pensions, JOHN R. STILES. reported back with amendment the bill (H. R. 5098) granting a pen Mr. SAWYER also, from the Committee on Invalid Pensions, re sion to Hannah Babb Hutchens; which was referred to the Committee ported back with amendment the bill (H. R. 8673) to increase the pen of the Whole House on the Private Calendar, and, with the a~com sion of John R. Stiles, late a member of Company G, One hundredand panying report, order~d to be printed. forty-eighth Regiment New York Volunteers; which was referred to the Committee of the Whole House on the Private Calendar, and, with NATHANIEL D. CHASE. the a{!companying report, ordered to be priuted. Mr. GALLINGER also, from the Committee on Invalid Pensions, reported back favorably the bill (H. R. 367) granting a pension to AUGUSTUS AXMACHER. Nathaniel D. Chase; which wasreferred to the Committee of the Whole Mr. SAWYER also, from the Committee on Invalid Pensions, re Hoose on the Private Calendar, and, with the accompanying report, ported baek with amendment the bill (H. R. 2690) granting a pension ordered to be printed. to Augustus Axmacher; which was referred to the Committee of the JENNIE HART MULLANY. Whole House on the Private Calendar, and, with the accompanying report, ordered to be printed. ' Mr. GALLINGER also, from the Committee on Invalid Pensions, reported ba~k with amendment the bill (S. 2346) granting increase of A. F. SAINT SURE LINDEFELT. pension to Jennie Hart Mullany; which was referred to the Commit Mr. SAWYER also, from the Committee on Invalid Pensions, re tee of the Whole Hoose on the Private Calendar, and, with the ac ported back favorably the bill (H. R. 3055) for the relief of A. F. Saint companying report, ordered to be printed. Sure Lindefelt; which was referrerl to the Committee of the Whole MARGARET BLADES. House on the Private Calendar, and, with the aecompanying report, Mr. GALLINGER also, from the Committee on Invalid Pensions, re ordered to be printed. ported back favorably the bill (S. 2073) granting a pension to Margaret MRS. ALICE GROA.RKIN. Blades; which was referred to the Committee of the Whole House on Mr. SAWYER also, from the Committee on Invalid Pensions, re the Private Calendar, and, with the accompanying report, ordered to ported back favorably the bill (S. 900) for the relief of Mrs. Alice be printed. Croarkin; which was referred to the Committee of the Whole Honse ROBERT FOSS. on the Private Calendar, and, with the accompanying report, ordered Mr. GALLINGER also, from the Committee on Invalid Pensions, re to be printed. ported back favorably the bill (S. 887) grantingapensiontoRobertFoss; MARY WHIRRY. which was referred to the Committee of the Whole House on the Pri Mr. SAWYER also, from the Committee on Invalid Pensions, re vate Calendar, and, with the a{!companying report, ordered to be printed. ported back favorably the bill (S. 1194) granting a pension to Mary JOHN CHILD. Whirry; which was referred to the Committee of the Whole Hoose on Mr. GALLINGER also, from the Committee on Invalid Pensions, re the Private Calendar, and, with the accompanying report, ordered to ported back favorably the bill (S. 1288) granting a pension to John be printed. Child; which was referred to the Committee of the Whole House on SOPHIA W. WRIGHT. the Private Calendar, and, with the accompanying report, ordered to Mr. SAWYER also, from the Committee on Invalid Pensions, re be printed. ported back with amendments the bill (S. 901) for the relief of Sophia ANN M. THOMPSON. W. Wright; which was referred to the Committee of the Whole House Mr. GALLINGER also, from the Committee on Invalid Pensions, on the Private Calendar, and, with the accompanying report, ordered to be printed. reported back adversely the bill (H. R. 6403) granting a pension to Ann M. Thompson ; which was laid on the table, and the accompany MAllY A. DOUD. ing report ordered to be printed. Mr. SAWYER also, from the Committee on Invalid Pensions, re ported back favorably the bill (S. 1359) for the relief of Mary A. Doud; WILLIAM H. S. RILEY. which was referred to the Committee of the Whole House on the Private Mr. GALLINGER also, from the Committee on Invalid Pensions, Calendar, and, with the accompanying report., ordered to be printed. reported back adversely the bill (H. R. 374) granting balance of pen sion to William H. S. Riley ; which was laid on the table, and the ac JOliN VERTESSY. panying report ordered to be printed. Mr. SA. WYER also, from the Committee on Invalid Pensions, re ported baek adversely the bill (S. 821) granting a pension to John V er CARTER W. TILLER. tessy; which was referred to the Committee of the Whole House on the Mr. HUNTER, from the Committee on Invalid Pensions, reported Private Calendar, and, with the adverse report, ordered to be printed. back favorably the bill (H. R. 3681) granting a pension to Carter W. Tiller; which was referred to the Committee of the Whole House on MARY M. GIBSON. the Private Calendar, and, with the aecompanying report, ordered to be Mr. BLISS, from the Committee on Pensions, reported back with printed. amendments the bill (H. R. 7247) to increase the pension of Mary ~L ROBERT M 1CLEAN. Gibson, widow of Commander Willfam Gibson; which was referred to Mr. HUNTER also, from the Committee on Invalid Pensions, re the Committee of the Whole House on the Private Calendar, and, wit.h ported back favorably the bill (H. R. 1069) granting a pension to Rob the accompanying report, ordered to be printed. crt McClean; which was referred to the-Committee of the Whole House ANN GIBSON YATES. on the Private Calendar, and, with the accompanying report, ordered l\Ir. BLISS also, from the Committee on Pensions, reported back to be printed. favorably the bill (H. R. 7708) to increase the pensi.on of Ann Gibson VAN BUREN BROWN. Yates; which was referred to the Committee of the Whole Honse on Mr. HUNTER also, from the Committee on Invalid Pensions, re the Private Calendar, and, with the accompanying report, ordered to ported back favorably the bill (H. R. 6431) for the relief of Van Buren be printed. Brown; which was referred to the Committee of the Whole House on EDMUND ASHWORTH. the Private Calendar, and, with the accompanying report, ordered to Mr. BLISS also, from the Committee on Pensions, reported back fa be printed. vorably the bill (H. R. 231) granting a pension to Edmund Ashworth; ISAAC :M.-J OHNSON. which was referred to the Committee of the Whole House on the Pri 'Mr. HUNTER also, from the Committee on Invalid Pensions, re vate Calendar, and, with the accompanying report, ordered to be p1·inted. ported back with amendment the bill (H. lt 5443) granting a pension DANIEL CLARY. to Isaac l\1. Johnson; which was re!erred to the Committee of the Whole Hoose on the Private Calendar, and, with the accompanying report, Mr. BLISS also, from the Committee on Pensions, reported back fa ordered to be printed. vorably the bill (H. R. 741) granting an increase of pension to Daniel Clary ; which was referred to the Committee of the Whole House on the G EXERAL S. W. PRICE. Pri mte Calendar, and, with the eccompanying report, ordered to be Mr. HUNTER also, from the Committee on Invalid Pensions, re- priuted. •: 1888. CONGRESSIONAL RECORD-HOUSE. 2929 MARIE .A. SALISBURY AND ALMffi.A MORGAN. HENRIE'ITA M. SANDS. Mr. BLISS also, from the Committee on Pensions, reported back fa· Mr. TIMOTHY J. CAMPBELL also, from the Committee on Claims, - vorably the bill (H. R. 469) granting a pension to :Mary A. Salisbury reported back with a favorable recommendation the bill (S. 1089) for and Almira Morgan, only children of Maj. Abner Morgan, of"the Rev the relief of Henrietta M. Sands, widow of the late Rear-Admiral Ben olutionary war; which was referred to the Committee of the Whole jamin F. S"ands, United States Navy; which was referred to the Com House on the Private Calendar, and, with the accompanying report, mittee of the Whole House on the Private Calendar, and, with the ac· ordered to be printed. companying :report, ordeTed to be printed. L.AFAYETTE LAKIN. SIMEON WAGNER AND OTHERS. Mr. BLISS also, from the Committee on Pensions, reported back fa Mr. SIMMONS, from the Committee on Claims, reported, as a Rub vorably the bill (H. R. 8211) granting a pension to Lafayette Lakin; stitute f0r the bill H. R. 8678, a bill (H. R. 9348) for the relief of which was referred to the Committee of the Whole House on the Private Simeon Wagner and othera; which was read a first and second time, re Calendar, and, with the accompanying repor~, ordered to be printed. ferred to the Committee of the Whole House on the Private Calendar, JACOB KINTZ. and, with the accompanying report, ordered to be printed. :Mr. BLISS also, from the Committee on Pensions, reported back The bill H. R. 8678 was laid on the table. favorably the bill (H. R. 1086) granting a pension to Jacob Kintz, alias STUBBS & LACKEY. John Walters; which was referred to the Committee of the Whole Mr. SBIMONS also, from the Committee on Claims, reported back House on the Private Calendar, and, with the accompanying report, or with a favorable recommendation the bill (H. R. 6999) for the relief of dered to be printed. Stubbs & Lackey; which was referred to the Committee of the Whole MARY J. DAVIS. House on the Private Calendar, and, with the accompanying report, Mr. BLISS also, from the Committee on Pensions, reported back ordered to be printed. favorably the bill (S. 1111) granting a pension to Mary J. Davis; which SAMUEL B. SEAT. was referred to the Committee of the Whole House on the Private Cal Mr. SIMMONS also, from the Committee on Claims, reported back endar, and, with the accompanying report, ordered to be printed. with a favorable recommendation the bill (H. R. 573) for the relief of EMILY W. OGDEN. Samuel B. Seat, administrator of Christian Kropp, deceased; which Mr. BANKHEAD, from the Committee on Pensions, reported back was referred to the Committee of the Whole House on the Private Cal with amendments the bill (H. R. 2641) granting a pension to Emily W. endar, and, with the accompanying report, ordered to be printed. Ogden; which was referred to the Committee of the Whole House on S. E. SCABBOROUGH. the Private Calendar, and, with the accompanying report, ordered to be Mr. SIMMONS also, from the Committee on Claims, reported back printed. with a 1avorable recommendation the bill (H. R. 2059) for the relief of ADVER-SE REPORT. S. E. Scarborough; which was referred to the Committee ofthe Whole Mr."SHAW, from the Committee on Claims, reported back adversely House on the Private Calendar, and, with the accompanying report, the bill (H. R. 4031) for the relief of Jabez Burchard; which was or ordered to be printed. dered to be laid upon the table and the a-ccompanyin~ report printed. DAVID RYAN. WILLIAM W. BURNS. Mr. MASON, from the Committee on Claims, reported back with a favorable recommendation the bill (H. R. 8356) to confer jurisdiction Mr. SH.A. W also, from the Committee.. on Claims, reported back fa· upon the Court of Claims to hear and determine the claim of David vorably the bill (H. R. 72~ for the relief of William W. Burns; which Ryan against the United States; which was referred to the Cominittee was referred to the Committee of the Whole House on the Private Cal of the 'Thole House on the Private Calendar, and, with the accom endar, and, with the accompanying report, ordered to be printed. panying report, _ordered to be printed. ANNA SCHAAP. D. K. PONDER. Mr. SH.A. W also, from the Committee on Claims, reported back with Mr. WILKINSON, from the Committee on War Claims, reported back amendments the bill (H. R. 2437) for the relief of Anna Schaap; which with amendments the bill (H. R. 6885) for the relief of D. K. Ponder, was referred to the Committee of the Whole House on the Private Cal of Ripley County, Missouri; which was referred to the Committee of endar, and, with the accompanying report, ordered to be printed. the Whole House on the Private Calendar, and, with the amendments SELIGl\fAN AND STETTHEil\IER. and accompanying report, ordered to be printed. Mr. SH.A. W also, from the Committee on Claims, reported back with MRS. MARY SHANNON. amendments the bill (H. R. 2435) for the relief of Seligman and Stett Mr. WILKINSON also, from the Committee on War Claims, reported, heimer; which was referred to the Committee of the " Thole House on as a substitute for the bill H. R. 3718, a bill (H. R. 9349) for the re the Private Calendar, and, with the accompanying report,• ordered to lief of ~Irs. Mary Shannon, widow and administratrix of the estate of be printed. Joseph R. Shannon, deceased, and to provide for payment of the loss of JABEZ BURCHARD. the steam-boat A. W. Quarrier; which was read a first andsecond time, 1\lr. SH.A. W also, from the Committee on Claims, reported back favor referred to the Committee of the Whole House on the Private Calendar, ably the bill (S. 131) for the relief of Jabez Burchard; which was re and, with the accompanying report, ordered to be printed. ferred to the Committee of the Whole House on the Private Calendar, The bi.ll H. R. 3718 was laid on the table. and, with the accompanying report, ordered to be printed. Ur. CROUSE presented the ·dews of the minority; which were ordered to be printed with the report of the majority. JAMES ENTWISTLE. :Mr. TThiOTIIY J. CAMPBELL, from the Committee on Claims, re- AN~_mEw LUTZ. . ~ . ported back with a favorable recommendation the bill (H. R. 5409) for Mr. BLISS, fro~ the Comnntt~e on War icle. erty located in the city of Memphis; that it was taken possession of7 1.11·. GLASS. Let the report be read. used and o~cupied by the Army, and that this occupation continued for J • '1888. CONGRESSIONAL RECORD-HOUSE. 2931 .· seven months. The court finds that a reasonable rent is $100 per month moment, as I desire to read the heading of this paper to which he has for those seven months. But the gentleman is mistaken as to the fur referred? niture and personal property. The court finds that she had in the house Mr. RICHARDSON. Certainly I yield for that purpose. $1,200 worth of personal property, which was also taken anu used by Mr. SPRINGE~. I read the caption, as follows: the Army. Now, the court does not recoD}mend, as the gentleman List of furniture in the 1\Ialloy House, on the south side of Union street, the supposes, that the claimant be paid simply $700 as rent. The court third house west of General VI ashburn's headquarters, now occupied by Charles does not make any recommendation, but simply finds the facts.- The Northrup; November 12, 1864. · court does not say, as the gentleman seems to suppose, that the per Then follows the articles found in the house when the Army took sonal property ought not to be-paid for, but that there was $1,200 possession. worth of personal property taken-and used by the Army. 1\Ir. BREWER. The list of property which is given there seems to Mr. 1\fcM:ILLIN. They report that as a fact? be a list of what was found in the house when the Army entered the Mr. RICHARDSON. They report that as a fact, just as they do in city and took possession. regard to the $700 for rent. l\1r. SPRINGER. Yes, sir; this shows that it is a lffit of property Mr. Chairman, the facts of this case are as I have stated them. But that was found in the house when the Army took possession. ~ de when the findings of the Court of Claims were before the Committee scription is given of the property and its location in the bouse; for in on War Claims in the last House that committee made a mistake in stance, there is a list of furniture in the front parlor, in the back par reporting merely an appropriation of $700 for rent or for use and oc· lor, bath-room, etc. clipation of this property. By all means they ought to have reporteq Mr. BURROWS. Did the Army carry it off? an appropriation of $1,200 as compensation for personal property taken 1\Ir. SPRINGER. No; that is the furniture that was in the house and used. According to the custom and usages which have obtained when the Army took possession. in Congress payment ought to have been made for the property taken, l\1r. RICHARDSON. The finding of the Court of Claims is, as I rather :than for use and occupation. I do not think I can be mistaken stated to my friend from Michigan, that the property was taken pos in that. • session of by the Government authorities, and an inventory of it was 1\fr. SPRINGER. The gentleman corrects me properly. I thought correctly made out; bnt the property itself was neYer returned to the the rer.ommendation read by the Clerk was that of the Court of Claims; owner. The finding of the Court of Claims says in regard to this re I see now it is the recommendation of the committee. From merely ceipt: listening to the reading I could not tell where the language of the court It was duly returned by the officer of the rent office to Col. R. E. Cleary, dep ceased and that of the committee began. By looking at the paper, uty quartermaster-general at Memphis., and was filed in his office. Of the fur niture so inventoried a large part was removed by the quartermaster's depart however, I find the committee recommend that the amount of $700, ment from the house, and articles of the value of Sl,200 were never returned-to found by the court as properly due for rent, be paid. The bill which the claimant·, nor has she been compensated for them. went before the Committee on War Claims provided for paying the That is the finding of the Court of Claims; and it seems to me that whole amount of this claimant's demand against the Government, the proper amendment, instead of saying that she shall be estopped covering rent and furniture; and the committee having adjudged, as I from the collection of this amount, would be to include it in the ap understand from the report, that the Government is liable only for the propriation for her benefit, making the total amount $1,900. If there rent, and having reported in favor of paying that amount, the bill ought should be a determination to pay but one of these claims, I should to show that such has been the finding in regard to the claimant's de insist that it ought to be for the personal property rather than the mand against the Government, so that this payment maybe a finality. amount of the rent. It was for this reason I suggested the amendment. Mr. BREWER. Is the gentleman from Tennessee a member of the 1\Ir. RICHARDSON rose. committee which made this report? 1\Ir. BREWER. Will the gentleman yield for a question? Mr. RICHARDSON. I am not now a member of the c.ommittee. I Mr. RICHARDSON. I will in a moment; but first I wish to make was in the last Congress. a statement. It occurs to me that instead of the amendment suggested 1\Ir. BREWER. Does the gentleman understand that the Court of by the gentleman from illinois, an amendment should be adopted pro Claims has made a favorable report for the use and occupation of viding payment for the personal property, if we are going to pay for premises occupied by the Union Army after they had conquered this only one character of loss, beca.use payment for personal property is in territory from those in rebellion? line with former acts of the Government. But my idea is that if we 1\Ir. RICHARDSON. No, sir; I do not. are going to pay for rent, we certainly ought to pay for the personal Mr. BREWER. Is this not just such a. case ? property taken. I have here the original list given by Col. R. E. Mr. RICHARDSON. No, sir; I think not. This is a case in which Cleary, deputy quartermaster, who was the rental agent of the Federal they needed such property, and one in which they made a contract for Army. Here is the original inventory of these items of personal property the rent. • taken and the original receipt, which any gentleman can examine, and 1\ir. BREWER. Where is the contract for the rent of the house? which I will read in a moment. Mr. RICHARDSON. I have not the contract, but that is found by It occurs to my mind that the Government ought to pay for the ·per the Court of Claims, as I understand. sonal property taken rather than for the rent, although there is no ques M:r. KERR. Does the gentleman understand that these are quarter tion that we should pay for both; and my amendment which I shall master's l':upplies? offer will be to pay for both, instead of excluding her from this amount. Mr. RICHARDSON. No, sir. Some were, I presume. I think the Committee on War Claims, as I have said, made a mistake Mr. PERKINS. Does the gentleman from Tennessee understand in the last Congress in that respect. that there is any mention whatever in the findings of the Court of Now I will yield to the gentleman from New Jersey, who wished to Claims of any contract that had been made for this property? ask a question. Mr. RICHARDSON. I am not positive of that. There is, however, 1\Ir. BREWER. Have you a memorandum of the personal property a rental contract. taken? Ur. PERKINS. Does the gentleman not find further that there iS Mr. RICHARDSON. There is a receipt here which perhaps I had positively no finding whatever of loyalty by the Court of Claims? better read, as it will convey the information the gentleman seeks. I Mr. RICHARDSON. No, sir. can not tell myself. · I will read portions of this receipt and ask t.o have 1\fr. PERKINS. There is no such finding. it incorporated as a part of my remarks. The receipt for this property 1\fr. RICHARDSON. No, sir; that is not the case. The findings is as follows: of the Court of Claims may not so speciiy, but it is clearly demon RE!\"TAL OFFICE, Memphis, Tenn., Novembe1• 12, 1864. strated; because in all the arguments that have taken place heretofore The nbove and foregoing- on these claims it has been shown 'Clearly, I think, that the court Referring to the inventory of property- never takes j ur.i§diction of such cases unt.il the q u~stion of loyalty was first found; because, under the Bowmnn act referrrng these cases to the contains a. true inventory of the furniture this :Mr. RICHARDSON. The findings do not set out all the facts, but computes to be about 7,000. Within the State there were raised and organized only the conclusions. thirty-two regiments of cavalry and infantry and five batteries of light artillery, containing, according to the rolls of the War Department, 31,092 white troops• .Mr. DINGLEY. Is there not a statement that this house and prop We may therefore conclude that the number of white troops furnished by the erty were seized? State of Tennessee was, in round numbers, not far from 38,000. Mr. RICHARDSON. They were occupied; not exactly seized. Does the gentleman know how many l\fichigan furnished? Mr. LANHAM:. The language is that the house was taken posses Mr. BREWER. Oh, yes. sion of. The first finding of the Court of Claims states this: Mr. RICHARDSON. How many? On the 12th November, 1864, the military authorities in Memphis, Tenn., took l\fr. BREWER. Something over ninety thousand. possession of the dwelling-house in that city known as No. 65 Union street, the Mr. RICHARDSON. There were a number of States, though, which separate estate and property of the claimant. furnished fewer troops than Tennessee; Vermont, for instance, and There is nothing said about any rental contract in the finding of the Kans:IS. court. Mr. ROWELL. Vermont is not a very large State. Mr. PETERS. I would like to ask how the gentleman from Ten Mr. RICHARDSON. I understand that; but I am simply showing nessee explains the fact that the bill is for $700. that we had loyal men in Tennessee. The court goes on to say "that Mr. RICHARDSON. I suppose the bill was drawn simply to cover the magnitude of Tennessee's contribution to the Union forces will be the amount found t{) be due by the Committee on War Claims in the better appreciated by a comparison," and then it makes the compari last House. I introduced-the bill, not noticing the fact at the time son, which shows that Tennessee contributed more troops to the Union that the finding of the Court of Claims placed the amount at $1,200. Army than either New Hampshire, West Virginia, or Vermont; nearly I introduced the bill for $700. If there be any mistake, I take the twice as many as Kansas, Rhode Island, or Minnesota; more than twice responsibility. as many as either California or the District of Columbia; three times Mr. BREWER. I was very glad at the time the Bowman bill was as many as Delaware; and four times as many as Arkansas. passed, by which many of this class of claims were to go to .t~e Court Mr. BREWER. The gentleman rose to answer a question, but my of Claims for the purpose of finding out the facts, and proVIdrng that question _was not as to bow many troops Tennessee had furnished to the the court should report the facts, together with the law, to this House; UnionA1·my. but during my experience at this session of Congress I have <:orne to 1\Ir. RICHAUDSON. If the gentleman will allow me, I do not care the conclusion that we have made a mistake. to read all of this opinion,· but these facts appear in the opinion and the During the Forty-fifth and Forty-sixth Congresses, in which I had opinion answers his question. I will now read further from the opin the honor to serve in this House, claims similar to the one which is ion of the court, omitting so much of it as relates to the number of sol under consideration at the present time would not have met with the diers furnished. 'The court say: favorable consideration of the House, and they were, I think I can say, Iftlie aid which the State gave to the Union had begun earlier or later, it universally voted down. might not have received the extraordinary appreciation which was accorded to So far as mv experience goes during the present session these claims it, but its coming was during the disastrouB campaign of 1862, when the re are favorably reported and havest~cceeded in getting through this House. sources of the Northern States were strained to the utmost, when the siege of Richmond was abandoned, and the State of Maryland was invaded, and the Now what are the facts in this case, if we are to gather the facts bloody fields o! the seven days' battles, the second Bull Run, Shiloh, and Antie from the statement of the gentleman who introduced the bill? The tam lay fresh before the public gaze. city of Memphis, as is well known, was for some time within hostile On the 22d day of September, 1862, the President issued the proclamation which announced that on the 1st January ensuing he would "by proclamation desig territory. It was for some time occupied by those who were in armed nate the States and parts of States, if any, in which the people thereof, respect rebellion a!minst the Government. The Union troops took possession ively, shall then be in rebellion," and the proclamation likewise declared of that citY, and it became necessary-of course a military necessity "that on the 1st day of January, in the year of our Lord 1863, 'all persons held as slaves within any State or designated part of any State the people whereof that they should occupy certain buildings, and they took possession of shall then be in rebellion' against the United States shall be then, thencefor this building, and in the building there seems to have been some ~urni ward, and forever free." tru·e. On the 1st January, 1853, the President issued the proclamation of emancipa tion, wherein he receited the provisions above referred to of the preceding proc-· Now what is done? A list of that furniture is made out and are lamation, and declared that in accordance with his purpose "publicly pro ceipt glven to the party perhaps wJ:o owned the premises in questio~. claimed for the full period of one hundred days," he did ''order and designate There is no contract that should brnd the Government to return this as the States and parts of States wherein the people thereof, respectively, are this day in rebellion against the United States the following," and Tennessee property or that would make the Government an insurer of this prop was not one of them. erty in :any shape. T~ere was no contract that th~ Government sh?uld Such being the action of the executive concerning the State of Tennessee, we be in any way respons1blefor the use and occupation of these preiDJSes; now pass to the legislative. It-will be found set forth in the statutes enumer-.. ated in the casejustdecided (ij:efiebower) . .Briefly stated it was this. Congress and I insist that we are establishing by our votes here to-day a pre by the net of 4th July, 186-!, provided a remedy for the exclusive benefit of the cedent that we shall hereafter regret. • The evidence fails to show that loyal citizens of the loyal States, the language of the act being" States not in the furniture was at any time removed from the building. rebellion.'' By the net 28th July, 1866, Congress extended the benefits of the act 4th July, 1864, "to the loyal citizens of the State of Tennessee." From that Mr. RICHARDSON. What is the precedent of which the gentle- moment, therefore, the citizens of Tennessee, loyal or disloyal, so far as claims man speaks? . for personal property were involved stood upon precisely the same footing as 1\fr. BREWER. The precedent that we shall pay for the use and the citizens of States never in rebellion. In 1867 this action of the legislative branch of the Government was rendered still more expressive by a provision occupation of premises that were occupied by the Union forces in rebel attached to the act 21st February, 1867 (14 Stat. L., 397), which forbade the set territory. tlement ofclaims that had "originated" in States or parts of States declared in re bellion by the proclamation 1st July, 1862, but which added the significant declara Mr. RICHARDSON. Will the gentleman allow me a question? tion "that nothing herein contained shall repeal or modify" the previous action Mr. BREWER. Certainly. of Congress in favor of the State of Tennessee. The purpose of the net 1867, Mr. RICHARDSON. Does the gentleman claim that Memphis in therefore was to restrict the benefits of the act 1854 t-o cases where both the claimant and the claim came from a loyal State, and the effect was to declare 1864 was the seat of war? that a claim which had originated in the State of Tennessee should be 1·egarded, 1\fr. BREWER. I do not suppose that at that time it was the seat so far as the act 1864 was involved, as a claim which had" originated " in a loyal of war be~use it was then occupied by the Union forces, and it had State. been the seat of war. It had been taken by the Union Army from those Now, Mr. Cllairman, thatanswersthegentleman'squestion, and shows who were in rebellion and if the Government was liable in that i!ase most conclusively to my mind that when this contract was made or when H is just as liable in tbe case of occupancy of property inNew Orle~ns, this occupation occurred, in November, 1864, it was immaterial whether Mobile Atlanta and Charleston, S. C., or in any other of the cities of it was in the State of Tennessee or in the State of Michigan. the rebel States: Can there be any distinction? 1\Ir. BREWER. Mr. Chairman, the question which I propounded to Mr. RICHARDSON. Yes, sir. the gentleman was a short one, but he bas been a long time in answer Mr. BREWER. I will be glad to have the gentleman, when he has ing it. I am glad to know that the State of Tennessee became a loyal the floor, point out the distincti~m. If th~ Government ~s liable fo; the State as the gentlem&n says, previous to 1864; but in 1864, if I remem use and occupation of property m MemphiS, why would 1t not be lmble ber c~rrectly, the city of Memphis, where this property ~:m occupied, tor the use and occupation of property in Charleston? had no city government whatever, except that of the m11itary power, l\1r: RICHARDSON. Will the gentleman yield to permit me to an and I may say until the close of the war the city of l\femphis could swer-his question? be occupied by Union people only by reason ofthe protection which was Mr. BREWER. I yield to the gentleman. given to them bythe Union ~rm~stati?n~ there. It is said that the 1\fr. RICHARDSON. I read from the decision of the Court of Claims President issued a proclamation m which It appeared that Tennessee in the case of Thomas G. Neal vs. The United States. The opinion was was withdrawn from the States said to be in rebellion. Let us see delivered by Justice Nott, of that court, and I think it makes the dis about that. At the very time when this claim originated the city of tinction very clear. He says: Nashville was occupied by the Union forces, and it was after that time, The military occupation of Tennessee began with the beginning of the year if I recollect correctly, that a battle was fought south of tD:e city of 1862 and the advance of the Union forces was continuous and rapid, extending thro'uah the most populous portion of the State to its extreme southwestern Nashville in which thousands and thouRnnds of men were slam on the borde;. The permanent occupation of Nashville dates from the 25th of Feb Union sid~ in order that the Union armies might hold that city. ruary, and that of Memphis from the 6th of June. Yet my friend talks about the lo:yalty of the w~stern po~on of tJ;te Before the military occupation of the State was complete a great number of refuo-ees passed over into Kentucky and enliste in Union regiments forming State of Tennessee in 1864. The City of Memphis was as disloyal m • f.h~ . This number the adjutant-general of Tennessee. in his revort for 1866, 1864 as it was in 1862, when it was occupied by those in armed.hos- ·. • f 1888. CONGRESSIONAL. RECORD-HOUSE. 2933 tility to the Government; and it is nonsens~ for gentlemen· to stand Tennessee' takes this case outside of that class of cases entirely. Why, here and say that this Government should treat that city as one which l't!r. Chairman, the very construction of thiS statute forbiili? such a con had always been loyal to the country. The Union Army had conquered clusion as that. _This statute provides that this court shall not take that city; bad driven from it those in armed rebellion against the Gov jurisdiction for the purpose of payment or adjudication of any claim for ernment; had taken possession of the city, and bad occupied this house the occupation of real estate by any part of the military or naval forces as a matt-er of military necessity, as it had the right to do. It had of the United States in the operation of said forces during the war at taken possession of this house, with household furniture in it, and a the ''seat of war,' 1 and I read from the third section of the act itself. list was made of that furniture. Is it possible that twenty-five years Ur. RICHARDSON. Will the gentleman allow i:ne for a moment after the close of the war gentlemen are to come here and demand com to read a part of this decision of the court to which I have referred? pensation from this Government for the occupation of property which I did not conclude the reading. was conquered by force of arms? I do not believe this House is ready l't!r. GROSVENOR. If it is in the direction of what I am talking to vote in favor of any such proposition. I do not believe the people about I wil1 yield to the gentleman. of this country will sustain any such action. · 11fT. RICHARDSON. I think it will satisfy the gentleman on that Mr. GROSVENOR. Mr. Chairman, the authority which has been point. read by my friend from Tennessee is an authority which undertook to l't!r. GROSVENOR. Very well; I will yield to the gentleman. define what were the limits of the territory in rebellion, what was an l't!r. RICHARDSON. The court say: insurrectionary district at certain periods of the war history. My op Upon this executive and legislative action and for the reason set forth in the position to payment of this claim and kindred claims does not rest upon Heflebower case Uust decided), t.o which this is a sequel, the .court bases its any question of that kind and is not affected by that decision in any conclusion that on the 1st of January, 1863, the State of Tennessee ceased to be hostile territory, and from that time could not be regarded as the seat of war respect whatever. witllin the meaning of the third section of the Bowman act. If this claim were for occupation of a house in Ohio or l't!assachusetts the smrounding circumstances being the same other than the chancte~ :Mr. GROSVENOR. The gentleman need not read further. of the inhabitants and their history with relation to the war, I should Mr. RICHARDSON. That is all; I did not want to read further; oppose the payment of the claim upon the very ground on which Presi that covers the case. dent Grant based two vetoes which became landmarks in the policy of Mr. GROSVENOR. That has not the slightest application to my ar· the Government in dealing with these quest.ions. In the first place, I gument; and certainly I do not know whether I would do the gentle may say-but this, however, is to my mind an unimportant objection man from Tennessee a greater injury to say that he purposely does not as compared with my next objection. understand the point in the case, or t.hat he, from some disability, does I do not consent to the proposition of the gentleman from Tennessee not understand it. that it must be assumed the Court of Claims found a certain fact af I am not talking about the question of what territory was loyal at a fu~ativ:ely, otherwise it would not have proceeded to adjudicate upon given time. The l41nguage of the Bowman act was drawn for the ex this cla1m at all. As I understand his argument, it is that, inasmuch press purpose of getting rid of the whole question. They do not say as the Court of Claims found certain facts to exist, they must have found anything about· an insurrectionary district. They de not say a word another fact to have existed, or they would not have found the others. about any State being loyalo.r in rebellion; but the law expressly says I know of no rule of logic, Mr. Chairman, which is as broad as that. that we shall never pay for the use or occupation of real estate at the In other words, inasmuch as the Court of Claims reported the existence ''seat of war.'' of certain facts which it was incumbent it should find, is it to be conclu Mr. RICHARDSON. That is just the point of my argument. This sively presumed that it also found another fact? I can not consent to was not at the seat of war. · this doctrine. Mr. GROSVENOR. Then what is the seat of war? To illustrate, five questions of fact are sent to a referee (and for the Mr. RICHARDSON. A.re you willing that the Court of Claims shall purposes of my argument and so far as concerns the law of the present decide that? case the Court of Claims is a referee) for a report of the facts and if Mr. GROSVENOR. I donotthink the Court ofClaims is needed to · you please, the law. This referee finds upon four questions of fact settle the question of geography. and is silent as to the other. If this other fact is a jurisdictional one 1\Ir. RICHARDSON. But this is a judicial decision of the Court of it seems to me the report is fatal to the claim. ' Claims. Now, the language of the Bowman act is very plain to my mind. It 1\Ir. GROSVENOR. For the purpose of my argument I might grant provides that whenever one of these claims is sent to the Court of Claims all you say. I do not know where the gentleman was on the 3d and for the finding of facts, if it is for military or naval stores taken for the 4th of July, 1863, but if he was in the neighborhood of Gettysburgh I . use of the Army or Navy in the suppression of the rebelllion, then imaginethat he would have concluded there was a'' seat of war'' some among other things, the court is to find whether or not the claimant where in that neighborhood about t'mt time. The ''seat of war" is was throughout the war loyal to the Government of the United States· wherewar is going on. If the territory is not insurrectionary, then per and, in the words of the act, ''the fact of such loyalty shall be a juris: se it was not at a "seat of war." But if actual war is going on, then the dictional fact.'' rules of war apply, and by those rules the Army may occupy houses Now, will any lawyer say that silence on that question is an affirma and not be liable for rent. tion? The court itself has not acted upon that theory, for in almost Mr. RICHARDSON. I do not want my friend from Ohio to get his all its reports it bas been careful to find upon that fact. You remem geography mixed. Gettysburgh is not in the direction of Tennessee. ber, l't!r. Chairman, that in the case we bad before us a week or two Mr. GROSVENOR.. Is it not? ago-the claim of compensation for tobacco-the Court of Claims em Mr. RICHARDSON. No, sir. phasized the fact that not only the wife but the husband had been loyal Mr. GROSVENOR. I am glad to bear you sayso. I find you have throughout the war. So, I may say with safety, the court has done studied the map of your country to some purpose. generally. It has so understood its duty, and has usually discharged Mr. Chairman, the point I make is that the principle applies wher it by passing upon that question. ever the Army of the United States was engaged in war; and that the But I do not stand upon that branch of the case with the same con payment for occupation of real estate at Gettysburgh by the United fidence as I do upon the other. Here is an act of the Army which was States troops was just as much barred under the Bowman act as though a simple act of occupation, nothing more. It is not pretended here that it had taken place in the heart of the then Southern Confederacy. That there was any contract; it is not pretended that anybody agreed to pay. is my point. The "seat ofwar," to use the words ofthe statute-the We take knowledge ofhow the thing was done. The Army moved in seat of war excluded from the operation of these claims any place where and took possession under the usages and laws of war. It had a right the armies of the United States by the exigencies of war were carrying to take possession of all the property that was necessary for the com on the war and occupying real estate. fort of the troops. It took possession of certain personal property, and Why, l't!r. Chairman, this law was not drawn blindly or hastily. It if you please, destroyed it. What was that act? I do not care whethe~ · was drawn to get rid of these millions upon millions of dollars of the property was receipted for; I do not care whether the Army used it or claims to be presente to these claimants, or their successorsl whoever they may be, an illim Now, as to the question of the location o{ this property, there is no itable field of plunder from the Treasury of the United States. They question of fact involved that relates to the jurisdiction of the court. may have been loyal. If so, they paid the price of loyalty. Mr. GROSVENOR. Why not? Uust it not be found affirmatively, They contributed in this way to the salvation of this magnificent Gov that this was not at the seat of war? ernment. They may ha,ve been disloyal, and in that way have con Mr. RICHARDSON. That is what I read from this opinion of the tributed to their own punishment; and the laws of war, the settled Court of Claims. · policy of this Government, forbids that in a case of a small sum of $700, Mr. GROSVENOR. Yon read about some State that was not in re a trifling claim, or in case of a large one, that we would enter the Treas bellion, that was not the seat of war. ury of the United States and open such a field as this, the end of which Jrlr. RICHARDSON. That is exactly what I did read. In the J.ast no man can see. sentence the court said: I was drawn into this, sir, and do not intend to make myself the The seat of war under the Bowman act was not in Tenne sec. champion of the opposition t o this claimant; but I have placed upon the records of this country, at what I believe to be the threshold of this Tennessee was not the seat of war. disastrous attack upon the Treasury of the United States, my opposi Mr. GROSVENOR. For the purposes of that case? tion to the whole system. Mr. RICHARDSON. For the purposes of the language of the Bow~ The CHAIRMAN. Does the gentleman from illinois insist on his man act. The whole State of Tennessee by that decision is taken out amendment? of the difficulty which the gentleman suggests. :Mr. RICHARDSON. I withdraw any amendment which I have They expressly decide that that was not the seat of war in the sense offer eel. in which those words are used in the third section of the Bowman act. 1\-fr. BOUTELLE. Do I understand this claim has been paid by the M:r. l~EED. In the report in the case of Perez Dickinson, which is State of Tennessee? contained in House Report No. 982, the question of loyalty is affirma 1\Ir. RICHARDSON. No, sir. tively found; a fact which shows that the court understood that the Mr. BOUTELLE. Would it not be the more regular way for the were to find upon the question of loyalty and report it. State to pay this claim and then be credited with it on the $281,000of Mr. RICHARDSON. Yes; I commented upon that a few moment~ direct tax which it owes the Government? ago. Mr. RICHARDSON. That might be; bnt I think the sight of the J\fr. REED. I was not in the House. gentleman from Maine is as much blinded as the sight of the gentle · Mr. RICHARDSON. In the "omnibus" bill which was passed here man from Ohio. a few weeks ago it was found that in ne.:'l.rly every case, exceptthreeor Mr. McUiLLIN. Does the gentleman from Maine offer that as an four, the court did not BElt out affirmatively that the claimant was found amendment? to be loyal, but, as I then argued and as I argue now, inasmuch as the Mr. BOUTELLE. I offer it as a suggeStion. • question of loyalty is made jurisdictional and as there have to be two ~fr. RICHARDSON. In reg;ard to the position of the gentleman trials of every case in the court, they could not find on the merits of from Ohio [Mr. GROSVENOR], I do not want to discuss it further. It any case until they bad first found affirmatively on the question of loy seems to me he does not attempt to answer the legal conclusion reached alty. On one of these cases the gentleman from Missouri [Mr. WAR by the Court of Claims; that is, that from the date mentioned in this NER] raised the question here in that discussion, and I then stated that decision the State of Tennessee in 1863 was not the seat of war. The while the finding of the court did not set forth affirmatively that the gentleman says I. get confused upon this point, and he undertakes to party was loyal, I would undertake before the evening closed to obtain attribute that to some quotation which he says be can not exactly from the Court of Claims a certificate that they bad found upon that understand. It seems to me if he had paid attention he would not question, and in an hour we had here, under the seal of the court, the have stood up here and made the bald argument which he has made in affirmative finding of the court on the question of loyalty, showing that reference to the legal conclusion reached by the court. they do not always set out in their report their .finding on that ques- ~Ir. KE~. Does be not answer. that when he says that the court tion. - had no jurisdiction under the Bowman act? Mr. REED. They ought to do it if we are to act upon their decis Mr. RICHARDSON. .The question of jurisdiction wa.s the first ques ions. tion to which the Court of Claims addressed itself; and it is an insult Mr. RICHARDSON. I agree with the gentleman that that would to the intelligence of that court to say that it would a.ssu..me j nrisdiction be a safer method; but when the question of loyalty is made a juris of a case over which it bad not jurisdiction by an express statute which dictional one, which the court can not get over, it does not seem to be referred the case to the court. absolutely necessary that it should be set out in the report, and gen Mr. GROSVENOR. Will the gentleman allow me a question? tlemen will remember that \t is not necessary for the Attorney-General Mr. RICHARDSON. Yes, sir. to file that plea. The court considers it filed. It is filed by the stat Mr. GROSVENOR. What is the character of the jurisdiction of ute. The Attorney-General, however, in every case appears and rep that court? What would a lawyer call it? ·Is it not a court of lim resents the Government of the United States, and the claimant is rep7 ited j nrisdiction? resented by his attorney. In addition to all the facts in this case which Mr. RICHARDSON. Unquestion.1.bly. I have stated, I am informed by my colleague from Tennes ee [Mr. Mr. GROSVENOR. Is it not a fundamental proposition that all GLASS] that he knows the claimant in this case, and knows that she courts of limited jurisdiction must find affirmatively that the statute was loyal and that t•e finding of the court is to that effect. confers the jurisdiction upon them in each case? Mr. ALLEN, of Michigan. Do I understand my friend from Ten Mr. RICHARDSON. I take it the gentleman is not familiar with nessee to say that it bas been judicially ascertained that the Eeat of war the proceedings of the Court of Claims under the Bowman act. during 1864 did not include Tennessee? Mr. GROSVENOR. I am familiar with the general principles of M:r. RICHARDSON. I say that is the decision of the Court of law. Claims. Mr. RICHARDSON. I want to say that before the Court of Cla.ims Mr. ALLEN, of Michigan. Well, I shall have to disagree with the takes jurisdiction of this cast} or any others there is a plea filed to the comt and with the gentleman. jurisdiction of the court. There are two trials. Not a solitary case 1\Ir. RICHARDSON. That is what the gentleman from Ohio [Mr. comes here until after two investigations in that court. First, unlike GROSVENOR] bas been doing. The gentleman bas that right. the courts in the States, so far as my observation bas extended, there is ?,1r. ALLEN, of Michigan. I was down there at that time, and if a trial upon the question of jurisdiction and there must be an affirma there was no war there, I know personally that at least there was very tive finding in favor of the jurisdiction of the claim before the court ea.rnest playing at war. .(Laughter.] I am inclined to think there is takes a step. After trying the question of jurisdiction and finding that a mistake somewhere about this matter of Tennessee not hariqg been affirmatively, the court then remits the case to the rule docket as it at the seat of war. Now, if my friend from Tennessee will allow me would be called in a court of chancery, and then a trial is made as to ·another qnestion-- the merits of the claim. Mr. RICHARDSON. The fact that Confederate troops raided into Mr. REED. But if they find that affirmatively, why does it not ap Tennessee in 1864, or came into occupation of territory there in some pear in their findings? hurried way, wonld not make it the seat of war any more than the Mr. RICHARDSON. They do not set it forth in their findings. occupation of a portion of Ohio by Morgan's cavalry, or of Pennsyl: Mr. REED. If they do not set it forth, doe<:~ not that show that they vanial by General Lee's army, made that the seat of war. There was did not find it? no permanent occupation of Tennessee by the Confederate troops after Mr. McMILLIN. Under the provisions of the Bowman act loyalty 1862. is made a jurisdictional fact, and if the courl do not :find that affirma Mr. ALL~~. of Michigan. If my friend from Tennes ee [1\fr. RrCH tively they have no right to take up the case. .A.RDSO.N], for whom I have the greate t respect and admiration, for I Mr. REED. But the question as to the seat of war is another propo have known him long enough to a. certain that he is an honest man- sition. Do they find this was not within the seat of war? Mr. RICHARDSON. Thank you. blr. RICHARDSON. .A.fter·the two trials to which I have referred, l\Ir. ALLEN, of Michigan. If my f1·iend will allow me, I think I the court would not take jurisdiction until they found the jurisdic can suggest a solution of this question, and not onJy of this, but every tional question in favor of the claimant. Then I say they come to such case that shall come after it. Our friends on the other side ha1e the merits of the claim, and the merits must be found affirmatively. decided two things; first, that they will not allow the loyal States to 1888. CONGRESSIONAL RECORD-HOUSE. 2935 receive back their share of the direct tax which they have paid, and and that the :finding in relation to the $700 for rent proceeded upon a secondlv. that thev will not pav their share. finding that the claimant was disloyal. So that the question before Mr. RiCH.A.RD80~. I tl:illik the gentleman is doing us injustice Congress, as I look at it, is whether we shall consent to pay a disloyal in that: claimant for the use of real estate in the State of Tennessee? Mr. ALLEN, of Uichigan. Well, I am going to fix it up all right. Mr. GROSVENOR. · Or anywhere else. [Laughter.] . Mr. THOMAS, of Wisconsin. Or anywhere else. I shall certainly Mr. RICHARDSON. If the gentleman will pardon me, I will re not consent to that; and that is the question in this case. mind him that we have fixed a time when he can get hiB bill passed, Mr. RICHARDSON. Do I understand the gentleman to say that •. which he could not do before. the finding of the Court of Claims recognizes a difference between the Mr. ALLEN, of Michigan. I make this suggestion; that from this claim for $700 rent and the claim for personal property? time forward all claims of this sort against the Government shall be Mr. THOMAS, ofW:isconsin. Certainly. held as a set-off against the unpaid direct tax. [Laughter.] J\.1r. RICHARDSON. There ic; no difference. A MEMBEB~ The direct-tax bill will come up in December. 1\Ir. TH0~1AS, of Wisconsin. I hold there is a difference. Mr. ALLEN, of Michigan. Yes, but at that time it will be unnec .lfr. RICHARDSON. Not a particle. essary to consider it, because when a new admin:ist.ration and a new Mr. THOMAS, of Wisconsin. The third section of the 'Bowman act House of Representatives come in on the 4th of March next we will does not require a finding as to the fad of loyalty. fix these things up all right. [Laughter.] Mr. RICHARDSON. The finding of the Court of Claims is the same Mr. RICHARDSON. If the gentleman thinks that is good, sound in both particulars, but I understood the gentleman to a-rgue that the policy, why did his party in 1864 and in 1866 pass these laws allowing court found favorably on one item and unfavorably on the other. the loyal people of Tennessee to make these claims? Why did they Mr. THOMAS, ofWisconsin. But so far as the court has found favor not set them off against the direct tax when they had the power? ably it has simply found the amount, has not recommended payment, Mr. ALLEN, ofllichigan. Ihadnottheleastidea.in1864 that Con and bas neglected to make any finding as to the loyalty of the claimant. gress was doing anything of that kind. I was down there in Tennessee Mr. RICHARDSON. The gentleman is proceeding upon the idea attending to business, and I liked the country very much indeed, but that the court recommended payment of one item. The court did not if I I see recommend payment of either. there was not war there, know, for one, that do not want to ',. anything more like war. [Laughter.] Mr. THOMAS, of Wisconsin. The court found the facts. The law Mr. LANHllL 1\Ir. Chairman, I do hope that the time of the com requires that in the case. of claims for personal property or stores and mittee will not be "frittered away" [laughter] by a discussion of the supplies the court shall find affirmatively that the claimant was loyal. direct-tax bill Let us go ahead and consider these bills. The court having failed so to find, the fair inference is that the court 1\1r. ALLEN, of Michigan.. Let me say that the frittering away has could not so find, and that the claimant is disloyal. If the gentleman not been done by this side of the House. will show me an instance of a claim involving stores and supplies alone Mr. RICHARDSON. l!r. _Chairman, I will not insist on the amend in which the Court of Claims has failed t.> ·find affirmatively upon the ment. I withdraw it, and ask for a vote. question of the loyalty or disloyalty of the claimant·, I will concede that Mr. THOMAS, of W:isconsin. Mr. Chairman, it appears to me that my argument has no foundation. But so far as my research has ex there has been a m:isunderstanding of what :is known as the Bowman tended the court in every case where stores and supplies alone were in act. I think, sir, it will be found in every case where supplies or volved has determined affirmatively the question of loyalty. stores have been furnished and a. claim bas been made and referred to Mr. RICHARDSON. If I understand the gentleman he states that the Court 'Of Claims, not only that the Jaw requires the court to deter the cou~t in this case did not find the party loyal, and that therefore it inine but that the court has. in every instance determined the question is to be assumed they found that the claimant was disloyal. I say of loyalty or disloyalty of the claimant and reported upon that ques there :is no evidence of that. • tion in its finding. For instance, I hold in my hand the finding of the Mr. THOMAS; of Wisconsin. They report no finding on that point. Court of ClaimB relating to stores arid supplies in a case which is now Mr. RICHARDSON. The gentleman does not state the matter cor on the docket and will soon come up, i1). which the comt on prelim rectly as I understand it. We have no evidence that the court failed inary inquiry found from the evidence that the claimant was loyal to to find the party loyal ; they simply have not set it out in the finding. the Government of the United States throughout the war. Now, the 1\fr. THOMAS, of Wisconsin. The law says-- fourth section of the Bowman a-ct expressly provides that the court, be Mr. RICHARDSON. And it is not required that the question of fore it shall have jurisdiction, shall, on a preliminary inquiry, find that loyalty shall be stated in the report. the pel'Son who furnished the supplies or stores, or from whom the same Mr. THOMAS, of Wisconsin. I think it is. The statute says that were taken, was loyal to the Government of the United States. The they shall find as to this facti and how are we to determine that they law provides that the court shall so find~ Of course, the only way we have so found unless it be set forth in the report? have of knowing whether they find it is by a statement in their find Mr. RICHARDSON. But what I say is, they can not inquire into the ing. Bnt, s~, this does not apply, as I understand it, to rents of real merits of the case at all unless they do so find. estate. Section 3 reads as follows: lir. THOMAS, of Wj.sconsin. But in all other cases they state this SEO. 3. The jari.sdiction of said court shall not extend to or include any claim fact. against the United States growing-out -of the destruction or damage to property Mr. RICHARDSON. No; there is just where the gentleman is mis by the Army or Navy during the war for the suppression orthe rebellion, or taken. They do not so find. for the use and occupation Df real estate by any part of the military or naval forces of the United States in the operations of said forces during the said war ~ ~Ir. SPRINGER. If the gentleman from Wisconsin will allow me, at the seatofwar; nor shall thesaidcourthavejnrisdiction ofanycla.imag&inst I think that I can explain this point as towhy the court did not pass upon the United States which is now barred by virtue of the provisions of any law of th:is question to the satisfaction of both gentlemen. the United States. Mr. THOMAS, of Wisconsin. I will yield to the gentleman. So that in cases of rent for the use of real estate it is not required l!r. SPRINGER. I have before methedecision ofthe Court of Claims that the court shall first inquire into the loyalty of the claimant. in a similar case, the caseofHeflebowervs. The United States, in which Now, this claim has two elements in it: :first, it is for rent of a building the court gives a reason for not finding upon the question of loyalty. for seven months at $100 a month; second, for stores and supplies val They say: ued at $1,200. The court makes a fu).ding on both branches of the case, Now, the fourth section of the Bowman act relates to stores and supplies-to but does not find the loyalty of the clailnant; it is silent on that .sub personal property; and itrequiresinsu.ch cases proof ofloyalty. Furthermore ject. The inference-and the only inference which can be made-is it declares that loyalty shall be a. jurisdictional fact; furthermore, itrequir~s that that the claimant was d:isloyal. But this circumstance does not nec thjR jurisdi~tionnl f~t of loy~lty shall be found on a. preliminary inquiry; fur ther~ot:e, It presenbes that U: l_oyalty be no_t found fm;ther proceedings shall · essarily, under the law, cut out the claim for rent. be ~ISrmssed. An~ tl!ese pro~1S10ns agree -w1th all prev1ous legislation on that There is another provision of the act which says that the finding of subJect, the only difference bewg that they are mot·e particularly eearching and stringent. the Court of Claims shall not be conclusive, but shall require affirma But while such has been the invariable legislation of Congress concerning tive action on the part of Congress. Now, as I view the matter, the personal property, that provision of the third section which relates exclusively State ofTennesseewasnot included within "the seat of war." It has to real property is absolutely silent as to the loyalty of the claimant- and im been so decided, I think, by every court which bas had that question poses upon the right of action no condition of allegiance whatever. ' under consideration. It is, however, competent for Congress to say 1\Ir. THOMAS, of W:isconsin. That is what I say. I agree to thnt. and it has always stood, as I understand, upon that ground-that it is Mr. SPRINGER. So the court held that where the claim was for not good policy to pay out of the Treasury of the United States forthe the use of real estate the question of loyalty was not material, and was · use or destruction of property of persons who were disloyal. It is not not required by the act of Congress. in conflict with the Bowman act to make compensation in such cases, if Mr. TH0l1AS, of W:isconsin. But that it does become material to Congress so chooses; and in regard to the claim of $700 for rent the the House when we come to appropriate the money to pay the claim. court was not required to find as to the loyalty of the claimant· bnt 11r. SPRINGER. I merely cite th:is to show the reason the Court -- the court having neglected to :find that the claimant was loyal: and of Claims assigned for not finding upon the question of loyalty. It is _ there being a question in relation to personal property-stores and sup an explanation which will be found on page 235 of this report, in the plies-which made it necessary for the court to find the fact of loyalty Heflebower case, as a reason why they did not investigate the ques affirmatively, the only conclusion is that the court could not so find, tion -of loya-lty. It will be seen that they put it upon the ground that . 2936 CONGRESSIONAL REOORD-==-HOUSE. APRIL f3, the third section of the Bowman act, which relates to claims for the gentlemen who are opposing this claim that, while you may not defeat use of xeal estate, and which were barred from consideration by that it, you have since this claim was up, by wasting time, defeated a half court where the claim arose and at the seat of war-that in such cases dozen other claimants who were unquestionably loyal during the war. where they did not arise at the seat of war the question of allegiance I feel safe in saying that in the time occupied in the discussion of this was not necessary, and the court so state. bill you have defeated at least five or six other claims which ought to Now for myself I beg leave to differ with the Court'of Claims upon bave.been passed, especially when the Court of Claims, to which they that question. I think the court is mistaken in its ruling upon that were referred to ascertain the loyalty of the parties, have, by taking ju point. But it explains why they did not find upon the question ofloy risdiction of them and finding the facts, determined that the claimants alty in the pending case, and it was for the purpose of explaining the were loyal. On behalf of these claimants who have lost their property attitude of the court in that respect that I called attention to this ex and who have been knocking at the doors of the Departments and of tract. Congress for so many years to get their claims at least considered, I Now as to whether Con~ess intended to make a distinction between appeal to the House to proceed to vote upon this question without fur the claims for the use and. destruction of personal property and claims ther discussion of the jurisdictional question which has been discussed for the occupancy of real estate is another question. I am satisfied on every day set apart during this session for the consideration of pri that Congress never intended to make any such distinction, and that vate claims. Let us determine by a vote whether we consider that theBowman act does not containanygrou!ld upon which the court was these parties, who unfortunatelylive southoftheOhioRiver, haveany warranted in making such a distinction. The third section of the Bow claims which Congress will recognize as just. [Applause.] man act was introduced, as you will remember, as an amendment to M:r. KERR. The question now before the committee is whether it the original bill by the gentleman from Indiana [Mr. HOLl\I.AN]-- is proper to allow a claim such as this to pass without a finding by Mr. HOLMAN. The third and fourth sections were so introduced. the, Court of Claims on the question of the loyalty of the c]Jlimant? Mr. SPRINGER. Yes, the third and fourth sections were both in The loyalty of the cbimant is not found in this case. In r~gard to troduced as amendmenU!, and it would be quite surprising, I am sure, one portion of the case the Court of Claims bas found the facts; in re I to the gentleman from Indiana, who is now in his seat, to be informed gard to another portion of the case it. has not found the fact; and the by the Court of Claims that a provision which he introduced in Con inference was clearly drawn by the gentleman from Wisconsin in re gress was one in which in the consideration of a pending claim for the gard to the reasons for that. Everything connected with the passage occupancy of real estate the question of loyalty was immaterial, while of tho Bowman act shows that the object of the provision cited was to it was a material feature to be taken into consideration in a claim for prevent an inquiry by the Court ofClaimsinexactly this kind of case. personal property. Congress never intended to make such a distinction, And yet the court has taken jurisdiction, and bas found that West and in my judgment, I xepeat, the Court of Claims is not warranted in ern Tennessee was not the seat of war in 1863 and 1864, when a refer its findings in that regard. ence to the facts shows there was no civil government organized in It seems to me, with all due deference to that court, that it is dis West Tennessee until 1865, except those established by the military posed to take jurisdiction of everything t.bat comes before it. I have authorities. The right of trial by jury did not exist there. The lines known of no singl~ case referred to the court where it bas disclaimed of the Union Army were drawn close around the city of Memphis. The jurisdiction. It will take all cases that are offered. picket-guards stood within 200 yards of each other in all that time. Mr. RICHARDSON. Will the gentleman from Illinois permit me And yet the gentleman from Tennessee says that was not the seat of to ask him if he speaks advisedly in regard to that matter? Is the gen war, and the court so holds. It is an absurdity. tleman aware of the fact that a large number of cases have gone before The Bowman act expressly says that if a claim is from the seat of war the court in which it bas not jurisdiction? He says they do not deny it shall not be considered by the Court of Claims; and yet in this case their jurisdiction in any case. Now, if be knows that to be a fact, I it has been considered. And the only ground for assuming t.hat posi wish to state to him that in the ~iftieth Congress of over two thousand tion is because in the President's proclamation excepting a certain por cases-to be exact two thousand and twenty-five cases-referred by Con tion of the country from the operation of the emancipation proclamation gress to the Court of Claims, less than 10 per cent. have been taken Tennessee was included. It was included because a large portion of jurisdiction of by the court and favorable findings made. East Tennessee was loyal and because they could not draw the exact If he does not know that fact, then he ought not to presume to pass line against exact localities of the State, and in order that loyal men judgment in ignorance of the fact. might not suffer with regaTd to the particular class of claims growing Mr. SPRINGER. I think the gentleman is mistaken in one respect. out of the ownership of negro property the whole State was excluded I have no doubt that in the consideration of these cases upon their from the effect of the proclamation for the benefit of those loyal men. merits they have found less than 10 per cent. of them were meritorious. The Court of Claims gives that proclamation as a reason why Tennessee l\Ir. GROSVENOR. Does the gentleman know how many Court of should not be properly considexed as coming within the exceptions of · Claims decisions have been reversed by the Supreme Court? the Bowman act, and should not be considered the seat of war; an in Mr. :MONTGOMERY. Mr. Chairman, I do not rise to make a ference which I think is not warranted. speech; but I represent on this floor some constituents who are unfor Mr. COBB. Mr. Chairman, I bad not thought to ent.er into this tunately in the same condition as the claimant whose claim is being discussion because I am not a very strenuous advocate forthepayment now discussed-claimanU! whose claims .are being defeated, not by a of any of these so-called war claims; and I believe I would join very (lirect vote, but by the frittering away of the time of the House upon heartily with the gentleman from Obi() [Mr. GROSVENOR] to wipe a discussion of a point which, to my 'knowledge, has been discussed them all out of existence and hear no more of them in this House here over and over again on every private-claim day we have had since I after, let them come from what quarter they may. But when we pre have been a member of this House. tend to be proceeding under an act of Congress, it seems to me it is I represent a class of constituents who are good people, in my judg well for us to clearly understand the true purport and meaning of that ment, manyofwhom voted against me when I waselectedtoCongress, act and give to it a proper legal construction. who were loyal men at the time of the civil war in a territory where, Now, it bas been asserted time and again during the course of this as it has been well said by a gentleman on this floor, it cost something discussion that in this particular case the Court of Claims did not to be loyal. I represent some of those people from the State of Ken find that the claimant was loyal to the Government. I assert the re- · tucky who, like this claimant from Tennessee, are here asking at the verse to be true; and I say that, in the very necessity of the case, if we end of twenty-five years-as some gentlemen have twitted us by say will construe this act as all legislative acts ought to be construed, with ing-asking at the end of twenty-fi\e years for some compensation on reference to the great rules of construction that prevail everywhere, that class of claims which were paid to loyal men on the other side of we are compelled to the conclusion.. that in this identical case now tb~ river immediately after their property was taken and used for the pending before the Committee of the Whole the Court of Claims has pt1rpose of carrying on the war. decided that the claimant was loyal. They were not only loyal then but are loyal now, many of them I was astonished to bear one gentleman on the other side say that differing with me in politics. Many of them were then and are still the fact of the declaration of claimant's loyalty not being contained Republicans. Yet, they are my constituents, and I feel interested that here iu the findings of the court was conclusive evidence of her disloy justice be done them. And whenever auy man, who is as honorable alty. It is simply with reference to this question oflegal construction as I believe tbe gentleman from Tennessee [Mr. GL.Ass] who repre that I desire to say a word or two. There are certain well·defined, sents this claim to be, comes upon this floor and says a constituent well-understood, clearly established rules of construction that prevail whom he represenU! or claimant whom be knows was loyal, as he bas whenever a question like this is presented. Gentlemen say that the asserted in this case, we ought to be willing to vote for the claim. And Court of Claims is a court of limited jurisdiction, and therefore, unless I believe the gentlemen who are opposing this on this floor, if they the finding of loyalty appears in the report made to this House, the knew the position those people occupied and the losses they suffered conclusion is that such question "Was not passed upon by the court. during the war, won ld certainly be willing to vote for a claim like this. Now, Mr. Chairman, such an assumption violates a fundamental rule I do not believe that thequalityof loyalty ought to be tested by the of construction, as I shall attempt to show. The Bowman act provides locality in which the party lived during the war. But if that test is that the claimant shall file in the Court of Claims a petition when to be applied I think those citizens who lived in Tennessee or Kentucky the claim goes there originally, and that befo:re the case presented by or in the territory which may be called the theater of war, ought, in the petition shall be heard the court shall ascertain, upon preliminary respect to loyalty, be classed higher than those who lived where it was inquiry, whether or not the claimant was loyal. · perfectly sate to be loyal. llnt, .Mr. Chairman, I desire only to say to When is it that this C What is the rule in a court of limited jurisdiction-as, for the pur The Congres~ of the United States found itself pressed, overwhelmingly pose of the argument, I will concede this court to have been-not pro pressed, with a large number of claims from various quarters. These posing to take issue upon that point at present, as it is not necessary had accumulated to such an extent.that it was evident Congress could so to 'do-as to the time when jurisdiction can be legally assumed? not give them that fair and just consideration which the importance Mr. Chairman, the court bas jurisdiction whenever a proper petition is ofthe question merited. Now, in order to provide a tribunal where a filed before it. That is the point, so far as we are concerned, where fair1 just, and equitable hearing could be had, tbe act_was passed pro the question of jurisdiction is determined. The act says that, before viding that aU of these claims might go, under cerliain conditions, to the court shall assume jurisdiction, the claimant shall file a petition, theCourtofClaims; and that the court, provided as itwas. with all of which petition shall contain certain averments of jurisdictional facts. the machinery of a court of j nstice, should give them a reasonable hear Now, under all the authorities, when the proper petition is filed, ing under rules to be prescribed by the court itself. And ,mark you, containing the jurisdictional averments, and the court goes on to ae this court-the United States being heard and the claimant being cide the question submitted, the presumption is conclusive in favor of heard-was required to judicially determine and ascertain certain facts the court, nothing to the contrary appearing of record, that it did first submitted to it. ascertain the existence of the jurisdictional facts. This is the law as What do you suppose was the purpose of Congress in passing that it has been decided in numerous cases. act? Evidently to relieve Congress of this overwhelming mass of pri Mr. BRUMM. Does the gentlemen mean to say that the court bas vate business; evidently with a view and purpose that the decisionsof no right to traverse the averments in the petition? the Court of Claims should be accepted by the House and by Congress Mr. COBB. No, sir; I do not say that. as final. Mr. BRUMM. Then the question of jurisdiction is not finally set Mr. LAIDLAW. As far as they went. tled until after the averments- in the petition have been traversed and Mr. COBB. Certainly, as far as they went, unless there were reasons the facts established. appearing on the face of the record o,r clearly shown which would make Mr. COBB. If the gentleman will wait a moment be will see my it appear that the courts :\lad not given just and fair consideration. point. I say that whenever a petition contains a proper jurisdictional Do you not agree to that? averment, and afterward the court goes on and acts under that peti Mr. LAIDLAW. Y ~s. tion, then, ifin its record there is nothingsaid about jurisdiction except in Mr. COBB. Now, is there not some sort of a moral obligation on the the petition, the conclusion is that the court :p1ade preliminary inquiry part of the House when these proceedings of the Court of Claims are ann found the jurisdictional fact. brought before it to accept the findings as having at least some moral Mr. WICKHAM. Is there ever any presumption in favor of the find weight? . · ing of a court of limited jurisdiction? Mr. LAIDLAW. Yes; but the objection here is thatthereisone Mr. COBB. Always; there is never any presumption upon the ju vital fact not established. risdictional fact. If the petition is defective in not containing the proper Mr. COBB. But I make the point that that vital fact to which the averment, and the court goes on and acts under that petition, and the gentleman alludes is not necessary to appear in the findings of the court. case comes up here petition and all, and the petition on its face dis Mr. LAIDLAW. Then it is not important in your opinion? closes the fact that there is no jurisdictional averment, then it is a case of Mr. COBB. It is important, but the presumption is that it has been cora1n non_jud:ice, .and the whole proceeding is void. But if the peti found by the court. tion contains the avermentnecessaryto give jurisdiction and the court Mr. LAIDLAW. The act under which these claims are submitted ads, you never can raise the question of want of jurisdiction in a col-: to the court makes that jurisdictional. lateral attack; you can, possibly, upon a direct appeal. Mr. COBB. Yes. Mr. WICKHAM. Does the gentleman hold that rule as applying Mr. RICHARDSON. But, as I understand the gentleman from New to a court of limited jurisdiction? York, he claims that this must appear affirmatively as a part of the Mr. COBB. Yes, sir; I can bring you good authorities on that point. findings of the court. Now, I claim that the court would not take A MEMBER. Bring one. jurisdiction at all if it had not first ascertained that fact. I think it is Mr. COBB. I will; but I can not at this moment. a preliminary fact. Let me illustrate this question by reference to a matter with which Mr. LAIDLAW. I think not. I think it should appear in the find~ I am familiar and which presents a similar question. In the State of ings. Alabama we have what is called a court of probate-a court of general Mr. COBB. Mr. Chairman, there are two reasons why it is :uot nec jurisdiction for certain purposes. The Legislature of Alabama has con essary that these findings as to the question of loyalty should appear ferred upon that court jurisdiction of other matters than those coming here. I liave already alluded to one, but I will go over the same ground within its general jurisdiction, and with reference to these its jurisdic agl!-in . It is expressly stated in the ad itself that this fact of loyalty tion is limited. should . be a preliminary inquiry. It is stronger even than the Ala Now, the law prescribes what shall be necessary in order to give that bama. cases to which I have alluded. The court must first determine court jurisdiction upon these special matters; and the supreme court the question of jurisdiction by an ascertainment of the fact of loyalty of Alabama has decided in a dozen cases that wherever the petition and if such fact is not established the case must be dismissed. So says filed before that court contains the averment prescribed by the law in the Bowman act. . order to give the court jurisdiction, then, no matter how many errors But there is another rule of law which is equally strong, namely, occur after the filing of the petition, the court will not notice one of that the presumption is a court of law has acted properly and legally them, but will uphold the judgment of ·the probate court against any within the meaning of the act establishing it, unless the contrary ap collateral attack. It is true that the parties interested may take a di- pears upon the face ofits record. If, then, my argument is worth any rect appeal. · 1 thing, it comes to this point, not that it is immaterial whether the Mr. LAIDLAW. But the question here is as to providing means to jurisdictional fact is found, because it is highly material, but that in pay this judgment. this particular case, and in aU cases where the contrary does not appear, Mr. COBB. Certainly. the conclusive presumption is the court investigated the facts which, Mr. LAIDLAW.' Is that collateral? under the act, were preliminary to t.be taking of jurisdiction in this Mr. COBB. I think it is collateral in a legal sense. case, the question of loyalty, and found them to exist. Having found Mr. LAIDLAW. It does not so strike me. that fact, they proceed to make the inquiry as to the facts on which Mr. COBB. It is true that the Bowman act says that there shall be the claim is based. Having found the facts establishing the claim, the no final judgment by the Court of Claims; but it prescribes that the presumption of law is that the court did its duty as to the prior juris court shall find certain facts. Now, certain facts are reported here dictional fact. not to a courtofappellatejurisdiction at all. Thisisnotacourtofap Now, we find as a presumption of Jaw that the court made a proper pellate jurisdiction in any sense, and is not intended so to be. When preliminary inquiry as to the question of jurisdiction; that it decided the case comes here upon the finding of the court, whatever attack is in favor of the claimant;. and, having so decided, returns its findings made upon that finding is bound to he collateral, because we are not an of fact for the action of this House. Is it not then binding upon us appellate tribunal with power to revise, in a legal sense, the finding of morally? . I claim that it is, because otherwise we repudiate the a-ct the Court of Claims. by which the court was given this special jurisdiction. Mr. BRUMM. Have we not the power specifically by the terms of We must accept the findings of that court as worth something, or we the act itself to ,revise the :findings of fact as well as to review the law? must declare that we do not regard them as worth anything in any case. Mr. COBB. I was coming to that -point directly; l.mt I will answer There is no alternative. the gentleman's question now. The action of the Court of Claims un But we are continually proceeding under this Bowman act. We do der the Bowman act is purely'and simply advisory to this House; there not choose to repudiate it. What have we here? The Court of Claims, is nothing binding upon us in its action. I concede that and have done acting upon the questions presented to them, and with full judicial au so all the way through. thority to ascertain the facts, have returned their findings, and I claim Mr. BRUMM. Then the power of the court is nothing more nor less that we are bound to accept, morally bound to accept-not legally than that of a master in chancery. the facts so ascertained. We may repudiate them if we wishj but we Mr. COBB. It is advisory, I admit. are clearly bound to accept t~ose findings of fact, unless, upon the face Now, what was the intention of the Congress of the United States of the proceedings, something appears to show that the court acted in when this Bowman act was passed? I... et us look at that for a moment. an erroneous manner. -, 2938 CONGRESSIONAL RECORD-HOUSE. - APRIL 13,. !fr. STONE, of Kentucky. By order of the House a. recess is to be granting a pension to George Schneider, reported by Mr. BLISS from taken at 5 o'clock, and as it is nearly that hour, I move that the com the Committee on Pensions. - mittee rise. The bill was read, as follows: The motion was agreed to. Be it enacted, etc., That the Secretary of the Interior be, lllld he is hereby, au The committee accordingly roe; and Mr. HATCH having taken the thorized and directed t{) place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of George Schneider, late a private iu chair as Speaker pro tempore, Mr. RoGERS reported that the Committee Company G of the Third Regiment of United States Artillery. • ofthe Whole House on the Private Calendar, having had under consid The report (by lli. BLISS) was read, as follows: eration the l;>ill H. R. 9647, had arrived at no conclusion thereon. The Committee on Pensions, to whom wns referred the bill (H. R.ll2) for the H. CORTHS. relief of George Schneider, beg leave to report that this soldier enlisted in Com pany G of the Third Regiment of United States Artillery on the 2lst day of !fr.- STONE, of Kentucky. Ur. Speaker, I ask unanimous consent July, 1840, and was discharged from the service on the llit day of July, 1845, by to discharge the Committee of the Whole House from the further con reason of expiration of term of service. He alleges that he became aftlicted with scurvy in ?!larch, 1841, whila in the sidemtion of the bill (H. R. 285) for the reli~f of the legal representa line of his duty as a soldier, and as the result of being compelled to eat unwhole tives ofH. Corths, deceased, and put it upon its passage. some food. His military record shows that he was sick during the months of I will say that the object of this act is to refer a claim to the Quar March and .April, 1841, although the nature of the disease is not specified; but tile other evidence in the case, being the testimony of the claimant himself, of Dr. termaster-General and have it investigated. G. H. Fuller, of Buda, Ill., and of neighbors of the claimant, satisfies your com The bill was read, as follows: mittee that this soldier is disabled in a. pensionable degree; that the disability Be it enacted, eto.~,.... That the claim of the legal representatives of H. Corths, de resulted from scurvy; that the disease (scurry) was contracted by him in the ceased, and late of J:Sallard County, State of Kentucky, for quartermaster's stores line of his duty as a soldier, ns alleged in his application for pension now on and commissary supplies, alleged to have been taken and used by the United file in the Pension Office; and we therefore recommend that the bill do pass. StatesA.rmyduringtl:re late war, fromthefarmofsaid Corths, in Ballard County, Mr. HENDERSON, of illinois. I move that the bill be laid aside Kentucky be referred to the Quartermaster-General, who shall investigate the justice ana1 legality of said claim and report the amount and value of said stores to be reported to the Housewith the recommendation that it do pass. and supplies taken and used by the Army of the United States; and that here The motion was agreed to. port all the facts and. evidence for the consideration of Congress. ABBIE M. HAY. Mr. GROSVENOR. Unless there is an amendment to the bill pro The next pension bill on the Private Calendar was the bill (S. 172) viding that there shall be also an ascertainment and report of the fact granting a pension to Abbie U. Hay. of loyalty of the claimant, I shall object. The bill was read, as follows: 1\lr. STONE, of Kentucky. I am perfectly willing, if you insist Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au· upon the question of loyalty with regard to a fourteen-year-old girl. thorized and directed to place on the pension-rolf,s'!bJect t{) the provisions and 1\lr. GROSVENOR. I do not know anything about who the claim limitations of the pension laws, the name of Abbie M.. Hay, widow of Thomas ants are, but I insist that there shall also be an amendment provid H. Hay, late a captain in the United States Army. ing that the Quartermaster-General shall report whether or not the The report (by Mr. SPOONER);was read, as follows: present claimant was loyal during the war. The Committee on Invalid Pensions, to whom was referred the bill (S. 172) Mr. STONE, of :K'entucky. I have no objection. granting a pension to Abbie 111. Hay, respectfully report: •.rhey adopt the accompanying Senate report as their own, and 1·eco~end The amendment was agreed to. the passage of the bill. • The bill as amended was ordered to be engrossed for a third reading; "1.'he Committee on Pensions, to whom was referred a bill (S. 172) granting a pension to Abbie M. Hay, have examined the same, and report: and being engrossed, it was accordingly read the third time, and passed. ''The soldier, Thomas H.' lla.y, was mustered into the service of the' United .Mr. STONE, of Kentucky, moved to reconsider the vote by which States as first lieutenant Company H, Fifty-fourth Regiment New York Voluu the bill was- passed; and also moved that the motion to reconsider be teers, December 1, 1862, and served until July 2, 1863, when he was wounded in the foot at the battle of Gettysburgh, where he had command of his regiment. laid on the table. It was found necessary to amputate his left leg just below the knee, and here The latter motion was agreed to. mained in hospital from July, 1863, until Il!ay, 1864, when he was honorably discharged from the service on account of physical disability from wounds re CHANGE OF REFERENCE. ceived in action. ".June 27, 1863, he was appointed a first lieutenant in the Veteran Reserve On motion of Mr.. RICE, by unanimous consent, the Committee on Corps, and remained in that service until March 31, 1867, at which time he was Rivers and Harbors was discharged from the further consideration of appointed first lieutenant in the Forty-second United States Infantry, which the bill introduced January 23, 1888, to authorize a survey to be made position he retained until December 3, 18i0, when he was placed on the retired list of the Army by a board of officers, who found him "unfit to discharge the for a. canal to connect Lake Superior with the St. Croix River, and the active duties of his office in consequence of the loss of his left leg, resulting same was referred to the Committee on Railways and Canals. from a severe wound of his left ankle-joint received in the battle of Gettys The hour of 5 o'clock having arrived, the Speaker pro tempore (Mr. burgh, on the 2d day of July, 1863.'' It appears that after his leg was amputated he was constantly troubled with severe pain in the knee, which a1fecled his IlA.TOH), under the special order, declared the House in recess until nervous system seriously, producin~ extreme sleeplessness and prostration. 7.30 p.m.. For relief he was obliged to resort to the use ofanresthetics, the impro rident use of which resulted in his death December 8, 1881. _ " Your committee recommend the p.assage of the bill." EVENING SESSION. The bill was laid aside to be reported to the House with the recom The recess having expired, the House reassembled at 7.30 p.m., and mendation that it do pass. was called to order by Mr. Rrcii.A.RDSON, who directed the reading of the following communication from the Speaker: MARY MARTIN. The next pension bill on the Private Calendar was the bill (S. 174) SPEAXEB.1S RooM, HOUSE OF REPRESENTATIVES, Washington, D. C., April 13, 1888. granting a pension to ?rfary Martin. ' Hon. J; D. RmHARDSON is designated to preside at the session of this evening The bill was read, as follows: as Speaker pro tempore. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au J. G. CARLISLE, Speaker. thorized and directed to place on the pension-roll, subject t{) the provision and Ron. JNo. B. CLARK, limitations of the pension laws, the name of Mary l\lartin, widow of Thomas Clerk Howe of Eepresentatit·es. l\Iartin,late a private in Company C, Second Massachusetts Volunteers. ORDER OF BUSINESS. The report (by Mr. SPOONER) was read, as follows: The Committee on Invalid Pensions, to whom was referred the bill (S. 174} Mr. !IORRILL. I move that the House resolve itself into Committee granting a pension to Mary 1\fa.rtin, respectfully report: of the Whole House for the consideration of billa under the special A si~p..ilar bill passed the Senate in the Forty-ninth Congress, and was favor ably reported in the House, but was not reached for consideration. order. Your committee adopt the accompanying Senate report as their own, and The motion was agreed to. recommend the passage of the bilL The House accordingly resolved itself into Committee of the Whole, "The Committee on Pensions, to whom was referred the bill (S. 174) grant ing a. pension to Mary Martin, have examined the same, and report: Mr. DOCKERY in the chair. "That Thomas J. Martin was a private in Battery B, First Rhode Island The CHAIRMAN. The House is in Committee of the Whole under Light .Artillery, from the 13th of August, 1861, t{) the 18th of December, 1861, the special order for the sessions of Friday evening. The Clerk will when he was discharged for disability. He afterwards, on the 21st of .August, 1862, enlisted as a private in Company C, Second Massachusetts Volunteers. report the first bill. 'Vhile on his way to join his regiment it appears from the testimony that on The Clerk read the title of the first pension bill on the Calendar, as the 31st of August, 1862, in the city of Fall River!...... Mass., he was accidentally follows: knocked down, run over, and severely injured. .tte was taken to New York and to the New England rooms for treatment, and rema.ined there a number A bill (S.450) for the !elief of Thomas S. Hopkins, late of Company C, Six of weeks. After leaving New York, and while searching on the south side of teenth l\Iaine Volunteers. the Potomac for his regiment, he voluntarily joined Company B, Second Maine Mr. MORRILL. I ask that t.hat bill be laid over, retainingitsplaee Volunteers, and was engaged with that company in an action on the 21st of on the Calendar. September, as appears from the followirrg certificate: "ENCAM.PMEYT SEC0:!\."1> MAlll"E VOLUNTEERS, There was no objection. "September 21, 1862. Mr. MORRILL. I make the same request with reference to the next "This is to certify that the bearer, Thomas J. Martin, who has lately left the pension bill on the Calendar, the bill (S. 393) for the relief of Frances hospital, i.s in search of his regiment, and not straggling about the country. Anne Pyne Ricketts. Tbatinthe action yest~rdayin crossing the river he joined my company, picked up a musket, borrowed ammunition from my men, and done his duty like a There was no objection. soldier. "W. S. :MuDGETT, GEORGE SCHNEIDER. "Captain Company B, Second Maine Voltmteers. ~he next pension bill on the Private Calendar was the bill (H. R. 112) "He finally succeeded in Joining his re~iment in the latter uart ofSeutember, I t" .:. 1888. CONGRESSIONAL RECORD-HOUSE. 2939 1862 but was sent early in the following December to the general hospital at designated by the governorof the State of Michigan, and be was then commis Frederick, ]!d., for treatment, and be remained continuously in various gen sioned as captain of Company H of the Twenty-sixth :Michigan Volunteer In-:. eral hospitals until September 17,1863, when he wastra.nsferred to CompanyC, fantry by the said governor, and afterwards and on the 25th day of September, Twenty-first Veteran Reserve Corps, by reason of injury to side and swollen 1862, he was duly mustered. limbs. He remained in the Veteran Reserve Corps until June 2-!,1864, when he The evidence clearly shows that claimant, while in camp at Jackson, 1\Iich., was mustered out. took a cold which settled in his head, causing neuralgia in the left side of his "There is abundant testimony that Martin was a good soldier, and it appear& head, resulting in inflammation of the left eye, for which he received medical from the evidence that he was a strong, healthy man prior to the time of en treatment, but which did not prevent his being mustered on September 25 n.s listment, and from the evidence of neighbors it also appears that be was a con stated; that such disability, instead of decreasing, conliQ ued to increase until he tinuous sufferer and disabled from working at his trade by reason of his eondi was compelled, by reason of his disability, to resign f.t·om the service on Janu tion, resulting from his injuries, up to the time of his death. The physicians ary 7, 1863. The surgeon's certificate, which accomparued his resigDJltion, and who treated him during this time are dead, and there is no direct medical evi upon which he was honorably discharged, contains the following statement: - dence of the cause of his death, but from a mass of collateral testimony your "This is to certify that Capt.. J:H. Sayers has suffered from inflammation of the committ-ee have no doubt that his death resulted from injuries received in the left eye and lids for thelasttwomontbs, muchofthetime severelyt ~nd it is my service and in the line of duty. They therefore recommend the passage of the opinion that in order to effect a cure it will become necessary for nim to aban accompanying bill." don camp duties for some considerable length of time." The evidence does not clearly show whether the cold from wWch the disease The bill was laid aside to be reported ro the House with the recom sprung was contracted in camp before his muster or afterwards, but that the mendation that it do pass. cold was contracted while in camp at Jackson and the disease manifest-ed it.self MARY M'GRA.TH, before the regiment-was sent to. the front we think there can be no reasonable doubt, and that the disability continued to increase until his discharge and af. The next pension bill on the Private Calendar was the bill (H. R. terwards, the evidence clearly shows, until the claimant., n.s the board of medi· cal examiners state, has pra.ctically lost the sight of hi9left -eye. On :March 3, 404) for the relief of Mary McGrath. 1884, the claimant filed his application for pension in the Pension Office andes The bill was read, as follows: tablished the facts, as your committee think, as given above, but his claim 'vas B e it enacted, etc., ThattheSecretaryofthe Interior be, and is hereby, directed rejected upon the ground that the Pension Office fonnd, as a question of fact, to place on the pension-roll, subject to the provisions and limitations of the pen that claimant had contracted the disability before muster, although after enlist sion laws the name of Mary McGrath, dependent mother of Peter McGrath, ment and while in the camp of rendezvous at Jackson, and held as a matter of deceased, 1Jate of CompanyF, Twenty-seventh Regiment Michigan Volunt-eers. law that he was not entitled to a pension. As a legal proposition the ruling was probably correct; but we think the case The report (by Mr. CHIPMAN) was rea.d, as )"oll~;>ws: one where special relief should be granted by Congress, and as a matterofeqnity The Committee on Invalid Pensions, to whom was referred the bill (H. R. and right we think that when claimant enlisted and was commissioned as cap 404) for the relief of Mary McGrath, submit the following report: tain of his company and went into camp with his company, as stated, if he con The claimant is over eighty-four years of age. She is dependent on_ charity tracted a disability, he is entitled to relief. He did not leave the service until he for support. She applied to the Commissioner of Pensions to be put on the was actually compelled to do so by reason of his disability. For the reasons pension-rolls as the dependent mother of Peter McGrath, deceased, of Company stated we report the bill back to the House and recommend that the same do F, Twenty-seventh Regiment :Michigan Volunteers. After many years of effort pass. in support of her application it was finally rejected in 1885, on the ground that "the cause of the soldier's death waa not the resq.lt of his services, and the The bill was laid aside ro be reported to the Honse with the recom claimant was not dependent upon him at his death." mendation that it do pass. • The testimony in support of the claim certainly shows as plainly as a fact can be established that during all the time from 1847, when the McGrath family N A.NCY F. JENNINGS. came to America from Ireland, up to his death he took the sole care of and maintained his mother. There is nothing in the record to contradict this, and The next pension bill on the Private Calendar was the bill (H. R. every witness is certified, in response to inquiry by the commissioner by per 554.5) granting a pension ro Nancy F. Jennings. sons selected by him, to be veracious and of good character. The bill was read, as follows: As to the origin of the disease of which the soldier died, Captain Baker, of his company and regiment, testi1ies that he knows he was "sound and healthy Be it enacted, etc., That the Secretary of the Int-erior be, and he is hereby, au from the time of Ws enlistment to his capture, August 21, lB&l." thorized and directed to put the name of Nancy F. Jennings, widow of William Matthew Craven testifies that he was captured with the deceased at Weldon Jennings, late of Company D, Third Regiment Michigan Cavalry, on the pen Railroad, Virginia; that deceased wa!fhealthy at that time, but that he con sion-roll, snbject to the limitations and provisions of the pension laws. tracted a severe cough, scurvy, and diarrhea in prison, and that affiant nursed The bill was reported with the following amendment: him. He further testifies that the deceased never recovered his health, but got worse after he was released. Strike out" D, Third," and insert "F, Thirteenth;" so that it will read "late Patrick Leonard testifies to the deceased's good health before enlistment. of Company F, Thirteenth Regiment 1\Iichigan Cavalry." Other witnesses prove his death. The report (by Mr. CHIPMAN) was read, as follows: Terence and Susan Kelly testify to his death in St. Mary's-Hospital, Detroit, 1\fich., of scurvy and consumption, and Sister Mary Francis, of that hospital, The Committee on Invalid Pensions, to whom was referred the bill (H. R. certifies the character of his malady. 5545) granting a pension to Nancy F. Jennings, having had the same under con The Adjntant-Geneml'soffice certifies that the deceased was enlisted for three sideration, beg leave to report as follows: years; was captured near Petersburgh, Va.., August 21, 1864; and was subse Nancy F. JenningsisthewidowofWJ.lliru:n Jennini!S, who served in Company quently confined as a prisoner of war at Richmond and Salisbury, and returned F, Thirteenth Regiment ~Iichlgan Volunteers, during the war of the rebellion. to Richmond, and in the month of February, 1865, paroled, when he reported He enlisted October 29, 1861, and was discharged in 1.862, and came home sick for duty and went into hospital at Annapolis, :Md.; the records failing to show with chronic diarrhea. He died February 17, 1frr7, of cerebral apoplexy. His the cause, and that the regimental prescription book and hospital register, sub- widow filed a declaration for a pension September 2-l, 1878. The claim was re sequent to April, 1864, are not on file. jected on the l:l'Ound that the soldier's "real disease, apoplexy, was not a result There is no doubt that the ca.use of this soldier's death was coru~nmption and of his military service." scurvy; that he had no such diseases when he was taken prisoner; that he in The evidence is overwhelming that he contracted chronic diarrhea in the curred them while in prison, and was never free from them until he died. service and in the line of duty; that he was discharged in 1862 and came home The claimant is a very old woman; she is a childless widow, and there is no sick from that complaint. Abundant and convincing proof has been submitted one legally bound to support her. · that the soldier was in poor health, and that he suft'ered from the above-men We recommend that the bill do pass. tioned disease almost continually from the time he was discharged the service until he died,and that his physical condition from aaid complaint was such that The bill was laid aside robe reported to the House with the recom he was incapacitated from performing manna-1 labor. mendation that it do pass. Dr. Barnes, who attended him in his last sickness. testifies that "prior to his .death the soldier suffered from chrome diarrhea, and that the apoplexy was 1\IRS. D. B. WOODBURY.• probably caused by a sodden arrest of the diarrhea." The next pension bill on the Private Calendar was the bill (H. R. His widow is now in indigent circumstances, and the committee believe, from 5961) to increase the pension now paid to Mrs. D. B. Woodbury. ~!~~~~ideration qf the above, that her name ought to be placed on the pen- The bill was read. The committee recommend that the bill be amended by striking out, in line 5, the words " Company D, Third," and inserting in lieu thereof the words The report was read in part. "Company F, Thirteenth," and that as thus amended the bill do pass. Mr. CHEADLE (interrupting the reading). I object to the consid eration of this bill. I desire to say that I shall demand a constitu The amendment was agreed to. tional majority on a vote wherever a pension is granted to any one in The bill as amended was laid aside to be reported to the House with excess of the amount that is allowed by law. _ the recommendation that it do pass. Mr. MORRILL. I ask that this bill be passed over, retaining its ROYAL J. HIAR. place on the Calendar. • The next business on the Private Calendar was the bill (H. B. 879) There was no objection, and it was so ordered. granting a pension to Royal .J. Hiar. JOHN H. SA. YERS. The bill was read, as follows: The next pension bill on the Private Calendar was the bill (H. R. Be_ it enacted,,etc., That the Secretary of ~he Interior be, and he is hereby,au 3180) granting a pension to .John H. Sayers. . t!-to~·Ize.d and duected ~o place on the pens10n-roll, subject to the provisions and lJll.ltations of the pens10n laws, the name of Royal J. Hiar, late of Company K The bill was read, as follows: First Regiment 1\Iichigan Engineers and Mechanics Volunteers. ' Be. it enacted, .etc., That the Secretary of the. Interior be and he is hereby au thoru:ed and duected to place upon the pens1on-roll, subject1 to the provi.s:10ns1 The report (by Mr. CHIP::.uA.N) was read, as follows: and limitations of the pension laws, the name of John H. Sayers, late captain The Committee on Invalid Pensions, to whom was referred the bill (H. R. 879) of Company H, Twenty-sixth Regiment of Michigan Volunteer Infantry, and grant~g a pensio~ to Royal J. Hiar, having considered the same, beg leave to that he be allowed and paid a pension according to his rank, as provided by subnnt the followmg report: law. Hiar '!as a m~mber of Company K, F!rst Regiment MicWgan Engineers and The report (by Mr. CHIPMAN) was read, as follows: .?tlecharucs, dnrmg the war of the rebellion. In 1876 he filed an application for a pension on the ground of injmy to his right leg, received in the line of his -The Co~ittee o~ Invalid Pensions, to whom was referred the bill (H. R. duty. His claim was rejected November 22, 183!, on the ground "that there is 3180) grantmg a pens10n to John H. Sayers, beg leave to report: no record of alleged disease of right side and hip, and claimant having failed to That said claimant enlisted in flhe military service on August 13, 1862 and prov~ incurren<;e in the a:ervice of the United States and line of duty." took on said day the oath of allegiance, etc., in the usual form; that at the 'time Clru.m.ant testifies that m March, 1862, he was detailed with others for service of such enlistment it seems to have been understood by said Sayers that he at Elizabethtown, Ky. That while repairing the hospital tent there he con should have a captaincy in the Twenty-sixth Michigan Infantry, then being tracted a severe cold, but continued on duty until ordered to Nashville, Tenn. raised and recruited; that said Sayers proceeded to recruit his company, and when he was taken with typhoid uneumorua, and was in the hospital there vezy soon after went into camp at Jackson, Mich., that being the place of rendezvous sick. That soon after his discharge from the hospital he began to feel a ia.m.e- I 2940 CONGRESSIONAL RECORD=HOUSE. APRIL 13, n ess in his right side, resulting from the disease, which has continued and in Mr. HOLMAN. 1\Ir. Chairman, I move that that bill be laid aside creased until now his 1·ight leg is two inch es shorter than the other. Being on detached duty, andsepara tedfromhiscommand when he contracted to be reported to the House with the recommendation that it do pass. his illness, be i'! unable to furnish the testimony of but two persons as to origin, There was no objection, and it was so ordered. namely, Mark D. 1\Iason and J ohn Cahoon, bot h members of his company, whose • affidavits fully corroborate the declaration of the claimant and clearly show the DAVID 1\I, RENNO E. existen ce in the service of the disability. The committee recommend that the bill do pass. The next business on the Private Calendar was a bill (H. R. 6379) to increase the pension of David l\I. Rennoe. The bill was laid aside to be reported to the House with the recom The bill was read, as follows: mendation that it do pass. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au JOSEPH PERRY. thorized and directed to increase the pension of David M. Rennoe, late prh·ate in Company H, Twenty-ninthRegimentindiana Volunteers, and pay him at the The next business on the Private Calendar was the bill (H. R. 138) rate of $40 per month, in lieu of the pension now received, and which increase granting a pension to Joseph Perry. of pension shall be for disability resulting from wounds in left foot, neck, and The bill was read, as follows: hand. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, di The report (by Mr. MATSON) was read, as follows: rected to place the name of Joseph Perry, of Dearborn County, Indiana., late a The Committee on Invalid Pensions, to whom was referred the bill (H. R. private in Capt. Joseph H. Burkam's company, 'rwelfth Regiment of Indiana 6379) to increase the pension of David M. Rennoe, having considered the same, l\lilitia, on the pension-roll, subject to the limitations of the pension laws, the submit the following report: said Joseph Perry having been disabled while in the line of duty in the military This claimant, David M. Rennoe, enlisted as a. private in Company H, Twenty service in the late war. ninth Indiana Volunteers, November 29, 1861, and was honorably discharged l\Iarch 23, 1863, for gunshot wounds received at the battle of Murfreesboroug h, The report (by Mr. MATSoN) was read, as follows: Tenn., December 31, 1862. The Committee on Invalid Pensions, to whom was referred the bill (H. R.138) Claimant was pensioned December 28, 1863, at the rate of iS per month, for granting a pension to Joseph Perry, have had the same under consideration, loss of right foot, which was increased from time to time by the Pension De and now submit the following report: partment until he received a pension for total third grade. At the session of t.he It appears from the papers making application for pension now on file in the Forty-ninth Congress a speaia.l act was passed, June 4, 1886, increasing hi.s pen office of the Commissioner of Pensions that Joseph Perry enlisted in Company sion t-o ~30 per month, because of wounds of left foot, neck, and hand. Subse --,Twelfth Indiana Militia, under Capt. Albert Kern, Col. Joseph H. Burkham quent to the passage of the aforesaid act a general act of Congress was passed commanding said regiment. The soldier was with his company and regiment·, August 4, 1886, increasing the rate for total disability- of right foot to S30 pe~ and the said regiment was in active service at South Vernon, being at said place month. Since the passage of the aforesaid act he continued to receive only l$30 to intercept the rebel John Morgan in his raid through Indiana, in the year per month, or the rate for the disability of right foot, and nothing for the disa 1863, and the said regiment being in line of battle, in the night-time, the said bilities of left foot, neck, and hand. By the ruling of the Pension Bureau the Joseph Perry was trampled down by a. militia or independent cavalry company special act for his relief, passed June 4, 1886, mnst govern, a.nd therefore the gen or regiment, and was knocked off the bank of the Muscatatuck River to the foot eral act of August 4, 1886, which increa. The bill was read, as follows: "Had a soldier been totally unconscious during that period, or had be been completely paralyzed or beyond seas, be would not have been technically 'in BB it eitl!cled, etc., That the pension of .Alonzo B. Chatfield, late of Company B, sane; ' yet all will admit that each of these cases would come within the true Thirty-third Regiment of lllinois Volunteer Infantry, be rerated and included spirit and intent of the act, and would call for relief by special acts of Congress. as equal disability with that class of pensioners which have lost an arm at or "It seems so clear that the saving clause in the statute, which exempts 'insane above the elbow, and granted the same pension; and said pensioner shall re persons' and children from the limitation, was intended to include all persons ceive the same increase of pensi~ as has been or may be granted to the class who were suffering from mental incapacity, that the only question requiring in which ·be is rerated; and the (Jt)mmissioner of Pensions is ::.uthorized hereby serious consideration appears to be whether or not the applicant, during the to continue said pensioner on the pension-rolls at the rate of said class as they period of time involved, was, in fact, absolut-ely disqualified by reason of the may receive an increase of pension under any subsequent law of Congress. disease of the brain and spinal cord,' from which he was suffering, from ap- · ulying for a pension. With this end in view, the committee have examined the The report {by Mr. LANE) was read, as follows: evidence with unusual care. The facts in the case as developed by the evidence The accompanying bill (H. R. 2094) was reported on favorably by the Forty are as follows : · ninth Congress by the committee thereof on Invalid Pensions, and the commit "In the summer of 1878 the applicant was suddenly stricken down upon the tee now adopt said report as the report of this committee, which reads as follows: street with nervous exhaustion (neura8thenia) of the severest character. This "During the Forty-eighth Congress .Alonzo B. Chatfield, the applicant for this attack so seriously affected his mental as well as his physical powers as to ren increase, was, by special act, rerated and granted an increase of pension equal der him wholly incompetent to attend to even the slightest details of business to the class who had lost an arm at or above the elbow. Said increase was given for more than two years thereafter. With the first return of mental strength, in consequence of the applicant's arm being amputated so close below the elbow before he could read or write at all himself, and while be could dictate only a. as to pract.ically create a disability equal to the class in which he was placed. fragment of a brief letter at a time, be applied for a pension (November 20, "Now, during the first session of the present Congress there was a further in 1880), which was promptly granted him. His attending physicians state that . crease given that class of pensioners who had lost an arm at or above the elbow, the effort be made in thus applying for a pension while b1s mind was in such a by act approved August 4, 1886, but the said applicant was denied the benefit weak condition 'has seriously retarded his recovery.' (See affidavits of Dr. W. thereof, and it is therefore sought by renewing this act to grant him the increase W. Johnston and Dr. H. D. Fry, accompanying claimant's memorial to Con under said act of August 4, 1886, and all benefits from subsequent ·acts, if any gress, dated December 27, 1881, and their joint affidavit of June 7, 1882.) should occur, without further enactment declaring his status. "The Pension Office diagnosed his case as 'disease of the brain and spinal "It will be observed that by giving the said pensioner the increase from the cord from chronic diarrhea and malarial poisoning.' (Pension certificate No. time of the act of August 4, 1886, it will be applying and continuing the former 189988.) rerating, and which it was supposed would be perpetual." "But the applicant's pension only dated from the time when his application In view of the facts above stat.ed the committee are of opinion that the relief was actually filed, so that he received no allowance for the two and one·third asked for should be granted, and therefore report favorably, and ask that this years during which his mind and body were so weakened by the extreme char· bill do pass, with the amendment. acter of his illness as to prevent him from taking any steps towards securing a pension; and be also lost the increase of pension be would otherwise have been The committee recommended amendments substituting the word entitled to under the act of June 16, 1880. •' rated '' for the word '' rerated, '' in lines 4 and 5, and striking out "The proof as to the applicant's mental condition, from a. date prior to the all after the words ''same pension,'' in line 7. passage of the a1;rears act down to some months after the limitation expired, is absolutely conclusive. There is not the shadow of a doubt in regard to it. He The amendments were agreed to. has resided in this city ever since his discharge from the Army in 1865. He bas The bill as amended was laid aside to be reported to the House with been a practicing lawyer in good standing and of undoubted integrity. His case a recommendation that it do pass. is well known to the court and bar of this District and to a large number of the citizens of 'Vashington. The many peculiar features of the case, and the in· THOMAS S. HOPKINS. tensity and obstinate duration of the symptoms, appear to have excited the inter· est of the medical profession generally. The list of physicians who attended M:r. REED. Mr. Speaker, I ask unanimous consent to go back to him during the period in question, and who certify to his complete prostration, page 37 of the Calen 2942 CONGRESSIONAL REOORD-HOUSE. APRIL 13, same standing before the Pension Office as he would have been entitled to had District ofOolumbia Volunteers, he enrolled, organized, and disci-Plined them, he, during these years, been competent to avail himself of his legal rights. N oth and applied himself most successfully to the security of the capital by protect ing more is asked. This bill contains no specific appropriation; it leaves the ing the President during the inauguration. These services wero appreciated degree of disability and the periods during which it existed to be det~rmined by the Government, which recognized them by appointing him a colonel in the by the Commissioner of Pensions upon a consideration of all the evidence. The Army and brigndier-gene:ral of volunteer . ~clearly comes within the spirit, if no~ within the strict lett~r. of the a.ct of "During subsequent services in :Maryland some of his acts were miscon 1\Ia.roh 3,1879, and the claimant should also receive the increase allowed by the strued, and other unfortunate acts of some of · s commnnd were incorrectly at act of June 16, 1880, at which date be was laboring under absolute ~~!ental dis tributed to him. In consequence be wa!l unju y subjected to harsh u.nd oppress a.bilitr•. This is not a case where Congress is asked to be generous. Justice ive treatment, which, in connection with other severe neatment in Loui!riana. . only IS mvoked. amid active and efficient duty, shattered h is health and unsettled his mind. " The committee recommend the passage of the accompanying bill." While in this mental and bodily condition, intensified by illness contracted dur Believing that this is a. thoroughly meritorious claim, and that its allowance ing service in unhealthy localities of Louisiana, lllinois, and Virginia, he tend will in no way establish a dangerous precedent, your committee report the bill ered his resignation under the expectation of an early d,ea.th, and thereby sev back favorably and recommend its passage. ered his connection with the Army. "For a long time he was a. sufferer in his intellect, aud in connection with The CHAIRMAN. If there be no objection, this bill will be laid the state of the public mind during the war, was prevented entering into com aside to be reported to the House with the recommendation that it do mercial or otheY business, whereby he could lay by anything to maintain his r pass. . family. Consequently for years he was compelled to accept position ofJered by the Pasha. of Egypt. For the reason that he was thus led to resign from the / Mr. WALKER. I want to vote "no" on that bill. A1·my, after having spent his substance and imperiled his life in the service of Upon a vote, the bill was ordered to be laid aside to be ~e~rted to his ooQ.Dtry, I now respectfully appeal to yon for aid, earnestly trusting the the House with the recommendation that it do pass, only one member, Government he loyally sen··ed will not permib his destitute family to be suf. fer-ers. Mr. WALKER, voting in the negative. ''Very respectfully, SARAH E. M'CALEB. ''JEANNIE STONE. "NEW YORK, ll._ecemher 26, 1887. '' - The next business on the Private Calendar was the bill (H. R. 6609) This petition is numerously signed, and the passage of the bill en.rnestly rec for the relief of Sarah E. McCaleb. ommended by a large number of prominent citizens of Massachusetts, Connec The bill was read, as follows: ticut, New York, and Pennsylvania, among whom aJ'e Abra.m S. Hewitt, mayor of New York; General II. W. Slocum, General William T. Sherman, Ge,neral Be it rnacled, efc., That the Secretary of the Interior be, and be is hereby, au W. B. Frye, Henry Dowd, D. 0. Mills, RoQert G. Inge rsoll, 0. F. Tiffany, H. thorized and directed to place on the pension-roll, subject to pro""isions a.nd ViUard, General Fit-z Johu P01·ter, and many others. '· limitations of the pension laws, the name of Sarah E. McCaleb, widow ot the The Adjutant-General of the Army, at the request of this committee, has fur late Hebert A. McCaleb, of Company I, Eleventh illinois Infaut1·y. ni!ihed the following report of the services of General Stone: The report {by Mr. LANE) was read, as follows: "WAn. DEPAR~--x, ADJUTANT-GENERAL's OFFICE, The Committee on Invalid Pensions, to whom was referred the bill (H. R. " Washington, February 15, 1R88, 6609) for the relief of Sarah E. McCaleb, having considered the same, respect- ,; s ·tatement of the military service of Charles P. Stone,late of the United St tcs fully report: • Army, compiled from the records of this office. Tho record shows that the soldier, Hebert A. McCaleb, enlisted August 20, ''REGULAR ARMY RECORD. 1861, and was discharged June 30, 1865, and died Aprill, 1878. His wife, Sarah E. McCaleb, applied for pension in 1880, and the same was rejected on the "He was a cadet at the United States Military Academy from July 1, 1841, to ground that suicide, of which the soldier died, was not a result of wounds in July 1, 1845, when graduated and- appointed brevet second Lieutenant of ord-· the head nor of his military se!"Vice. nance; promoted second lieutenant .March 3, 1847; first lieutenant February 26, William W. Laggart,lieutenant of the soldier's company, testifies in the rec 1E53 ; resigned, honorably, November 17,1850. ord that the soldier received three gunshot wounds February 15, 1862, at the ''Appointed colonel Fourteenth Infantry 1\Iay 14,1861; resigned, honorably, battle of Fort Donelson, Tennessee; one through his foot, one through his thigh, September 13, 18M. t-he other struck on top of his head about 1 inch back of forehead, but did not "He received the brevets of first lieutenant September 8,1847, 'for gallant and penetrate through the skulL meritorious co:-:duct in the battle of 1\Iolino del Rey, ~Iexico,' a-nd of captain Dr. Robert M. McAr-thur, who knew soldier, testifies thn.t soldier was suffer September 13, 1847, 'for gallant and meritorious conduct in the battle of Cha ing with insanity at the date of his death, and that insanity might be induced pultepec, Mexico.' by wound in head; that the soldier after 1862 suffered with attacks of melan "He was on duty at the United States ?t!ilit.a.t·y Academy from July 1,1845, to choly, which, at the time, the witness did not connect with the wound in the January 13, 1846; at Watervliet Arseru1l, New York, to May, 184_6, and at Fort bead, but since the soldier's death he is satisfied had more or less to do with his Monxoe Arsenal, Virginia, to Decembe-r,l84.6; with s:ie-ge h'ain en route to and final taking off. ·in Mexico to June, 1848; participating in the siege of Vera. Cruz March 9 to 29, Dr. J. C. Colus testifies that he knew soldier; that he beard soldier com 18..17; battle of Contreras, Augu t 19, 18!7; l\Iolino del lley, September 8, 1847; plain of injuries in his bead on various times;. that the injury on soldier's head Cbapultepec, September 1.3, 1847; and assault and capture of the City of 1\Iexico, was plainly visible, there being a depression on the outer table of the skull. September 13,14, 1847; in garrison in the City of Mexico, September 14, 1847, to Charles S. 1\liller and P. W. Stocksleger testify that the soldier was inS?.ne at June, 1848; &11. TO'I.d6 to and on duty at Watervliet Arsenal, New Yo_rk, to Sep the time of his death, and that the insanity bad more or less to do with the tember 15, 1848; on leave of absence to visit Europe, 'for the purpose of im wound in the bead; and these facts are also sustained by James McManus and provement in his profession and-the gaining of general information,' to May 13, P. 0. A. Oltann. 1850; on duty at Watervliet Arsenal from June 1 to July 20, 1850, and at Fort Claimant testifies that soldier died March 24,1878, from suicide, while in a state Monroe Arsenal. .to December 10, 1850, under orders of the Secretary of War, at of melancholy or insane from result of wound in head received in action. The tending and embarking men and stores and conducting t.hem to California, via. soldier's mother and two brothers testify as to insanity from wound, and no in Cape Hom, to August, 1851; in charge of construc~ion and in command of sanity in family. Benicia Arsenal, and chief of ordnance, Division and Department of the Pacific, The testimony as a whole shows that the soldier when be entered the service to January Zl, 1856; on leave to November17, 1856, upon which date he resigned. was in good health and that after he received the wound in his head be was ""VOLUNTEER RECORD. . more or less affected with insanity and melancholy, and in a fit of melancholy ''He was appointed colonel and ius~tor-general, District of Columbi3o 1\fili committed suicide. tia, January 1,1861, and Brigadier-General United States Volunteers May 17, It is the most reasonable and certainly the most charitable view of the matter, 1861. in the opinion of your committee, that the soldier committed suicide as the re '• He was mustered into service January 2, 1861, by special application of the sult of his wound in the head, and they therefore recommend that the bill do general-in-chief, Lieutenant-Geneml Scott, and was enga.ged under his orders pass. disciplining the volunteers of the District of Columbia. from January 2, 1861, t o The bill was laid aside to be reported to the House with the recom- April16, 1861, commanding District of Columbia volunteers in charge of o.ll the outposts of Washington, n.nd guarding the railroad between Washington and mendation that it do pass. ' Annapolis Junction; was also in command of the advanced guard in the pas 1\ffiS. JEANNIE STONE. sa_ge of the Potoma.o under' such admirable arrangements (made by him) that he was enabled to take posse sion of the Virginia side of the Long Bridge The next business on the Private Calendar was the bill (H. R-. 401) before any alarm was given, thus preventing the r ebels from firing it,' and granting a pension to Mrs. Jeannie Stone. taking of Alexandria, Va., 1\Ia.y 2!, 1861, which place he :commanded for two days, when reeaUed, and he resumed comiDAnd of the outposts of Washington, The bill was read, as follows: commanding Rockville expedition, and was engaged in the skirmishes of Ed Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au· wards and Conrad's Ferry in June, and skirmish at Harper's Ferry July 7, thorized and directed to pay to Mrs. ·Jeannie Stone, widow of General Charles 1861; commanding First Brigade in General Patterson's operations in the Shen P. Stone, a pension of S600 per annum, to take effect f1·om January 2-t, 1887, the andoah Valley, July 8 to 23,1861; commanding Corps of Observation, Army of date of General Stone's death. the Potomac., from .AugUit 10, 1861, to February9,18&2 ~ was imprisoned at Fort Lafayette, New York, to August 16,1862, when releaseo. (no c.l::\arges having been The report (by Mr. FRENCH) is as follows: preferred a.gainst him); awaiting orders to May 3,1863, when he was ordered to The history of this case as given by Mrs. Stone in her appeal "to the Senate report for duty to the commanding general, Department of the Gulf; he served and House of Representatives" is as follows: in that department from l\1ay,1863, to April17, 1864, participating in the siege of "I respectfully appeal to you, the Senate and House of Representatives in Port Hudson, June and July,1863,and was senior member of the commission Clongress assembled, for relief by granting me a pension. I• am the widow of for receivin~thesurrender of that place, July 8,1863 ; was chief of staff to 1\Iajor General Charles P. Stone, of MassaclJuseUs, and lat~ of the United St.ates Army, General Bailks,commaodingDepartmentofthe Gulf, from July25, 1863, to April and, with his children, am lefi without means of support. 17,186-1, participating in the campn.ign of Bayou Tcche, Ln., in October, 1863, the "General Stone from July 1, 184.5, the day he entered the service of the United Red River campaign,l\Iarch and April., 1864, battle of Sabine Cross-roads, April States as an officer of the Army to the day of his death was a loyal citizen and 8, 186t and battle of Pleasant Hill, La., April 9, 1864. servant of his country, devoting his labors while in commission to its interests, "He was honorably mustered out as brigadier-general of v-olunteers, April4, and often, when necessary, risking his life to protect its honor. 1864. Awaiting orders from April, 1864 (when relieved from duty as brigadier "By efficient service on General Scott's staff in Mexico he secured the ever general of volunteers), to August 21, 1864., commanding First Brigade, Second abiding confidence of General Scott, and won honorable mention in brevet Division, Fifth Corps, Army of the Potomac, to September 13, 18G4, upon which commission 'for gallant and meritoriou-s services in the battle of Molino del date he resigned. Rey,' and also ' in the capture of Chapultepec.' He was selected as chief of ord "R. C. DRUl\1, Ac{iulant-General." nance on the staff of the commanding general in Califo1·nia in 1851, and was In view of all the facts in the case, and the high character of those whose charged at a time of threatening danger with the duty of putting the harbor of names appear attached to the petition r equesting the passage of the bill, the San Francisco in a state of defense, which duty was accomplished as far as committ~e are of opinion that the same ought to pass; amended, however, b y practicable with the limited J:Deans at his disposal. striking out all after the word" pension," in line 5, and inserting in tend the In the winter of 1860 and 1861 he was in Washington City, attending to im words "subject to the provisions and limit tions of the pension la.ws. ' portant interests as chief of the commission for the survey and exploration of the public lands in the State of Sonora, Mexico. The safety of the capital was Mr. FORD. Is this the General Stone who was at one time in the seriously threatened by efforts to dissolve the Union. Deeming his duty to employ of the Pasha of Egypt? his Government as overpowering his personal interests, heat once resigned that important position, and was the first person, during these serious threatenings, Mr. MORRILL. Yes. The bill is for the benefit of the widow of to -volunteer his services to the Government. Assigned to the command of the General Stone, who was a distinguished soldier, and I move that it be 'I 1888. OONGRESSIONAL. RECORJ}.,.-HOUSE. 2943 laid aside to be reported to the House with the recommendation thn.tit pension to Oscar F. Carpenter, Eleventh Independent Battery O!llo do pa.."S. Light Artillery. An amendment reported from the Committ€e on Invalid Pensions, The bill •as read, as follows: striking out all after the word " pension," in line 5 of the bill, and~ Bt! it maeted, tic., 'That the Sec1·etary of _the Interior. be, and he is ~e~eby, au serting in lien thereof the wor4.? "sultlectto the provisions and limlt thorized and directed to place on the pens10n-roll, subJect to the restrictions and limitatiollil ()f the pension laws, the name of Oscar F. Carpenter, late of the ations of the pension laws," wis agreed to. Eleventh Independent Battery of Ohio J..ight Artillery, for~ wo"!ld of the right The bill as amended was laid aside to be reported to the House with leg, accidentally infticted in camp in December,1862, by a piStolm the ~dsot the recommendation that it do pass. a conuade. MARY SULLIVAN. The report (by 1\ir. WALKER) was read, as follows: Your committee adopt the report of the Senate comm.ittee, which is as fol- The next business on the Priva.te Calendar was the bill (S. 838) grant lows. and recommend the pas age of the bill: . ing a pension to Mary SuJli van. "The applicant was a privata in the Eleventh Independent Battery, Ohio The bill was read, as follows: Light Artillery. He enlisted September17,186l,and was discharged November 5 1864. On February 24, 1885, be filed an application for a pension, wherein he Be it enacted, etc., 'Iba.t the SeCNtary of the Interior be, and he is hereby, di a'ueges that in December of 1862 he was sitting in his tent, when he was acci rected to place on the pension-roll, subject to the provisions and limitations of dentally shot in the right leg by a pistol in the hands of a comrade. The ball the pension laws, the Ilame of Mary Sullivan, widow or Michael Sullivan, late was extracted b y the battery surgeon. Of late years the applicant claims the a private in Company K, Ninety-third Regiment lllinois Volunteers. wounded limb has given him much pain and interfered somewhat with his per The report (by Mr. FRENCH) was read, as follows: formance of manual labor. The board of examining surgeons gave him a one fourth rating. His claim was rejected August 1, 1887, on the ground that the · The Senat.e Committee on Pensions have presented a report, based upon the alleged pistol-shot wound was not received in the line of duty. The claimant report of the Committee on Invalid Pensions in the ·Forty-ninth Congress in the appealed, alleging that a 'soldler is always either in linefof duty or out of it. Ce case and as it contains the principal facts in the same, your committee adopts tainly Carpenter was not out ofit when shot·. The rejection was affirmed. the ~ame as its own, and likewise recommends the p:J.SSage of the accompanying "Your committeeisofthe opinion that an injury sustained by a soldierwhile • bill. in the service not the result of his own gross carelessness should be treated as "That a carefnl examination convinces the committee that the Honse report though uch injury was sustained while in the line of duty. We therefore reo made to the Forty-ninth Congress on this bill was a proper one, and therefore ommend the passage of the bill." adopt it. The report is as follows: . "·Michael Sullh"'UD, the hu band of this claimant, was on the pension-roll at The bill was laid aside to be reported to the House with the :recom- the time of his death for wounds received in the service. mendation that it do pass. · ·• • The claim of the widow was rejected in the Pension Office on the ground that her husband died from apoplexy, and not from a disett!le or disability .JiliES D. WHALEY. which originated in the service. The soldier died at the National Home for Disabled Soldiers at Milwaukee, Wis., on the Z!d day of August, .A.. D. 1882, and The next business on the Private Calendar wa.'3 the bill (S. 753) grant it is true that the records of lhe Home show that he died from "apoplexy,'' ing a pension to James D. Whaley. and the surgeon of the Home, when called upon for his opinion, says that the The bill was n~ad, as follows: apoplexy of which the soldier died was in no way produced by the gunshot wound of the bladder and rectum. /. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au "• But u:om the evidence in the case it appears that the wound of this soldier thorized and directed to place on the pension-roll, subject to the provisions and was of a. very aggravated cha racter, he having been wounded by a. gunshot limitations of the pension laws, the name of James D. Whaley, of J,awrence which passed through the bladder and rectum; and from the testimony of a County, Missouri, late of Company H, Fourth Regiment Missouri State Militia. pnysicia.n who knew him from the date of his discl:ul.rge from the Army, and Cavalry. who treated him. occasionally, it appear3 that none of his urine passed out of his The report (by Mr. W A.LKER) is as follows: biadder in the natural way, but pa ed out at two artificial openings, one just below the scrotnm and one in the right thigh. Other physicians also corroborate The basis of this claim is an alleged disease of the bladder, stated to have the statement, and say that not only the urine, but the freces passed out in the been contracted in the line ef duty. I same unnatural way; and snch was the condition of the soldier, suffering as he It was rejected February 1, 1881, on the ground that there is no record of said did that he often required some one to assist in dressing and undressing him. disease, :md the claimant's inability to furnish medical testimony showing t.he He' was for some years at the National Home for Disabled Soldiers at l'llil existence of the same in the service or at the date of discharge. wa.ukee, Wis., where he finally died, and at one time while there was a patient These assumptions are true. in t-he Home hospital for seven months, when he wn.s, at his own request, dis And the question is whether upon the other proofs this claim ca.n be sustained. charged from the Home. The claimant deposes that his disease first appeared some time in December, "'And suffering as this soldier did from thisaggmvated wound, it is not, in 186-!, nnd that it was caused by long and continuous marching, night and day, and the opinion of the committee, certain but that the wound, affecting the so.ldier expo ure to the weather during the Price raid in Missouri in0ctober,18M; that in the way and manner it did, may have contribut-ed to the death of the soldier; he was treated by Dr. Hunt, of Rose Hill, Mo., in 1867, who wn.s called because but however that may be, in view of the long suffering of this soldier, and the claimant's water had stopped. Dr. Hunt died about 1869. Claimant has since nature of his disability, and the constant care and attention or his wife to him, been using his prescriptions :md other remedies. . the committee think that his widow should be granted a pension. She well A.. C. Davidson and Samuel Smith depose (August 25, 1879; Jannury 24, 1879) says in a statement found among the papers in the case, that- that they ho.ve known claimant for twenty years; that when he enlisted he was " •" Widows that their husbands died or got killed in the war know nothing of in good bodily health and free from disease of the bladder. . . the trouble it was to take care of them as !did. When my husband came home The claimant states that he did not receive treatment while in the service for in 1865, at the close of the late war, from Camp Butler, near Springfield, Ill, he the reason that he did not think much of the disease, but that iii continued to was as helpless as a child, so I had to feed hlm with a knife and fork, and had grow worse until discharge. to care for him night and day-that in addition to a. family of four small chil He c.'\D not, therefore, furnish medical testimony, nor that of any commis dren-so my health has entirely failed, and leaves me dependent on his pension sioned officer, because, as to the latter, aft.er effort made, he has not been able for roy living. I have been steadily unde.r the doctor's care for the past year." to find any such officer knowing the facts. · '' •y our committee;therefore report the bill back:, and recommend its passage.' " The said Samuel SmiU1, after deposing as above to claimant's soundness prior to eulistment, states, in the same affidavit, that after claimant's discharge from The bill was laid aside to be reported to the House with the recom- the service, and on about Aprill, 1865, he was complaining and suffering from mendation that it do pass. · disease of the bladder; has since such date seen claiman~ on an average of twelve times a yenr and worked with him part of the time, and that at no time ELIZA SUMMERS. since claim nt's discharge has he been free from. such disease, but has sii:ffered therefrom continuously. Claimant is a farmer, and has lost about three-fourths The next business on the Private Calendar was a bill (S. 472) grant of his time. ing a pension to Eliza Summers. - The deponent Davidson testifies to the same effect, except that his statements The bill was read, as follows: are more explicit. Pleasant 1\I. Smith, a comrade of claimant, deposes that cla.imant contract£d Be it enacted, etc., That the Secretary of the In.terior be, and he hereby is, author disease of the bladder in October, 1864, while on the Price raid, in Missouri, by ized and directed to place on the pension-roll, subject to the provisions and limita reason of hard marching and riding. This witness states that his knowledge is tions of the pension laws, the name of Eliza. Summers, widow of Cornelius derived from personal observation, having been present at the time and place Summers, deceased, late a private of Company I, Seventy-first Regiment Mis , • stat£d.' souri Enrolled Militia. To the same effect ls the affidavit of George 1\I. Pruitt, February 5.1~80. The report (by Mr. W.ALKE.R) was read, as follows: As above stated, this claim was rejected February 1,1881. Since that date the following additional testimony has been submitted to the Bureau of Pensions, The applicant is the widow or Cornelius Summers, who was a private in the but has not been deemed sufficient to change the adverse decision: Seventy-first Regiment Enrolled Missouri Militia, Company I. The regi WLl.liam. Rickman deposes, .July 6, 1883, that he saw claimant about May 1, ment was not enrolled in the service of the United States, but in that of the 1865; his condition was then very bad; was troubled with disease of the blad State of Missouri. The evidence, both record and parol, shows the husband der; was nnde.r treatment of a physician; was able to be up sometimes, but at entered service .A.ugnst 12, 1862, and remained therein until September, 1862, other times was confined; was unable to labor; has seen claimant not less than when he was killed in battle by th& enemy near Wellington, 1\Io. The mar once a year since, and for the last five years as often as once a month; first year riage of claimant and deceased is shown conclusively by parol and by the record after discharge deponent lived in same neighborhood with the claimant; was to have occurred the 28th day of .January, 1855. with him in his efforts to work, and the claimant was unable to perform manual It isconeeded thatifthe claim had beenfiledpriorto.JulyU,1874,or ifthe hus labor tQ amount to anything. band had been mustered into the service of the United States, the pension must This statement is co:rrobomted as respects dates and disability by the affidavit have been granted underexishlng laws. This regiment of enrolled militia ~re of 'Villia.m White, August 10, 1883, who worked on an adjoining farm. acting under the orders of the Governmentatthetim.eofthe death. Though not Levi Smith, a conu-ade, d.eposes, February S, 18&1, that he was present on the t-echnically in the service, the men were really part of the military forces of the Price raid, and that claimant was on that occasion disabled as claimed. Union, and employed against the public enemy. '.I'h.e claimant is a. woman yet "When we returned he (claimant) complained of it, and I could see some a widow, in needy circumstances, with three children at the time of her afilic thing was wrong, and I know that he is now bodily a.fllicted. The cause of the tion dependent upon her for support. The widow's application was filed Au· disability was hard riding and exposure. He seemed to grow worse and worse. gust ll, 1874, about a. month too late. It affected him when he went to urinate, and I have lived near him most of the We think this a case for legislative relief. It can make little real difference time since he was discharged. I see he is badly a.fllictild and is gradually grow to the Goveriunent in whose service the husband was formally enrolled, where ing worse." he lost his life in the service of the United States. We think a pension should G. M. Pruitt again deposes, December 4,1885, that he was claimant's bunk and be allowed at least to his widow. mess-mate.. in said company and re.giment. About six months before ~ischar~ Passage of the bill is recommended. he began complaining of misery in the back, lowdo'Yn, a~d great pam in ~hs- , The bill was laid aside to be reported to the House with the recom charge of nrine,late in fall of 1864, after return from Pnce ra1d. Fro~ that trme until discharge, in March,1865, claimant continued to suffer much m the same mendation that it do pass. manner, more severely at times than at other times. The same symptoms are OSCAR F. CARPENTER. present now and have been ever since his discharge. Pleasant Smith again deposes, February 6, 1886, that he was a _mess-mate of The next bill on the Private Calendar was the bill (S. 930) to grant a claimant in said company and regiment when the latter was discharged and / ., . .:. 2944 CONGRESSIONAL RECORD-· HOUSE. APRIL 131 long prior, duringwhich claimant co~plained of a great deal "of pain in the to livemanymonths,and your committee believe that it is the dutv of the Gov· lower part of his back and in maki ng water; comm.euced complaining along ernment to make him as comfortable as possible for the short time he can live. towards the close of the Price raid in 1864. Claimant bas been troubled with th!~r£.committee therefore report favorably and recommend the passage of urinary disease ever since his discharge. Affiant bas lived neighbor to him during greater portion of time since, and knows the facts of his own personal knowledge. The committee recommended striking out all after the word ''laws,'' The claimant was examined by a board of examiners January 12,1887, whore· in the eighth line. · port the existence of a stricture, extreme sensitiveness a.t stricture, a. mucous The amendment was adopted. discharge after urinating, and at intervals between urinating; great pain on pressure in lumbar region; the urine issues in a. thready stream; can not find The bill as amended was laid aside to be reported to the Honse with that claimant has ever had any venereal disease. · the recommendation ~hat it do pass. There is no contradiction to this body of testimony. The good character of the witness is duly attested. · MARY G. CROCKER. Your committee are of the opinion that the claim is sustained by the proofs, The next bnsineas on the Private Calendar was the bill (H. R. 4579) nnd they recommend the passage of the bill. granting"a pension to Mary G. Crocker. The bill was ordered to be laid aside to be reported to the House with The bill is as follows: the recommendation that it do pass. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby au· thorized and directed to place on the pension-roll the name of Mary G. Crocker DAVID L. PARTLOW. widow of George W. Crocker, late of the Seventy-fifth Regiment New York The next business on the Private Calendar was the bill (H. R. 8185) Volunteers, subject to the provisions and limitations of the pension laws. granting a pension to David L. Partlow. The report (by Mr. SAWYER) js as follows: The bill is as follows: Mary G. Crocker is the widow of George W. Crocker, late a. sergeant of Com Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au pany A, Seventy-fifth Regiment New York Volunteers. thorized and directed to. place on the pension-rolls, subject to the provisions and The papers in the Pension Office show that the soldier received a. gunshot limitations of the pension laws, the name of David L. Partlow, father of David wound at Port Hudson, La., May '1:7, 1863. The examining surgeon, in his cer S, Partlow, late of Company A, Fifth Regiment Minnesota Volunteers. tificate describing the soldier's disability, states as follows: "Musket-ball entered thorax at left superior margin of sternum; passed The report (by Mr. MoRRILL) is as follows: through right lung; emerged at anterior margin of right axi11a~ fracturing seo It appears from the papers on file in the Pension Office that David S. Partlow ond rib and injuring pectoral muscle. Fracture of rib ununitea; left shoulder enlisted September 16 1862, in Company A, Fifth Minnesota. Volunteers. He atrophied and weak." died in the service, of disease, August 7, 1863. The soldier's sister went to Fort The soldier was drawing a. pension at time of death, which occurred March 12, Snelling in summer of1863 to help care for the sick, and while there was taken 1882. sick and died September 1, 1863. After the daughter was taken sick the mother The widow applied for a pension July 6; 1882, which wns rejected on the went to take care of her, and was herself taken ill, and died September 22,1863. ground that the disease, typhoid pneumonia, from which he died, was not the Thus in less than fifty days this old man was deprived of his family. The Pen result of his military service. sion Office can afford no relief, because at the time of the soldier's death the The evidence shows that the soldier received a gunshot wound, the ball pass father was not dependent upon him for support. In later years, by reason of ing through the right lung, fracturing a rib, which remained ununited. old age, disease, and the loss of his property, he became, and now is, a subject Dr. Lester, late surgeon of Fourteenth New York: Cavalry, states in his affi of charity. davit: "I saw him {the soldier) while a member of his re~iment, in Louisiana, after Your committee believe that the simple statement of this case is sufficient to he received his wound and before, many times. secure the passage of a. bill for the relief of this old man by a. unanimous vote. "He was in good health previous to his injury, and his family were along They therefore recomm.end the passage of the accompanying bill. lived race. After he was wounded and came home I frequently saw him, he The bill was laid aside to be reported to the House with the recom living near my father's residence. He was emaciated and feeble; could not that it do pass. walk 10 rods without great difficulty of breathing and prostration. I saw him m~ndation about a year before he died, and he walked up the street with me, and his DAVID W. SEELY. shortness of breath and difficulty of breathing made it necessary for us to stop to let him get his wind, as be termed it. I believe that the wound he received The next bnsjness on the Private Calendar was the bill (H. R. 5195) so impaired his lungs by adhesion and contraction around the track of the gra-nting a pension to David W. Seely. bullet that he would be an easy victim to pneumonia, and I further believe that if he had received no injury of that kind he would have been living to-day." The bill is as follows: Dr. Coleman, in his affidavit, speaking of the soldier, states: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au "For some time previous to the attack of pneumonia which proved fatal he thorized and directed to place the name of David W. Seely on the pension-roll suffered from severe neuralgic pain in the region of the wound. His physical and pay him a pension of--dollars per month during the period of his nat condition was not good, and his constitution so impaired as not to withstand ural life. the onset of the disease, as a healthy man would by reason of his ability." 'Vhen the case was pending in the Pension Office t.he case was referred to The report (by Mr. MORRILL) is as follows: William M. Goodlove, medical examiner, for his opinion, who, in his report to The applicant in this case was a member of Lieut. R. Crandall's company of the chief of the law division, states as follows: the Minnesota State Militia., called out to fight the Indians in 1865. In 1866 he "The condition of this soldier wheu living,'as shown by the different boa1·ds filed an application in the Pension Office for pension, which was rejected on the of examining surgeons, was such, as shown, that the least exposure, however ground that the injury was not received in actual engagement with the Indians. unavoidable, would reasonably result in pneumonia. It seems that while be was in pursuit of the Indians with his company, by the "But the Auburn (N. Y.) board of examining surgeons describe a wound {and accidental discharge of his gun he was wounded in the left arm, rendering am its effects) to the chest so susceptible to the attack of pneumonia, that it must in putation necessary. The facts as herein set forth seem to be fully established. pathology be accepted as a sequence not altogether uncommon, and in my opin Had the wound been received in an actual engagement with the Indians, claim ion the case should be admitted as medically established." nut-would have been entitled to and would have received a pension under the This report was approved by the medical referee. general laws. The committee can but agree in the opinion of the medical examiner, that it Your committee feel that the man was actually engaged in protecting the is medically established that the death of soldier was the result of the wound frontier from the hostile Indians and that the technicality ought to be waived, received while in the service of his country, and would therefore recommend and therefore recommend the passage of the bill with an amendment, striking that the bill do pass. out all"after · "pension-roll" and inserting "subject to provisions and limita tions of the pension laws." The bill was laid aside to be reported to the Honse with the recom mendation that it do pass. The·amendment recommended by the committee was adopted. FARNAREN BALL. . The bill as amended was laid aside to be reported to the House with the recommendation that it do pass. The next business on the Private Calendar was the bi~ (H. R. 4580) granting a pension to Farnaren Ball. WILSON C. MOLES. The bill is as follows: The next business on the Private Calendar was the bill (H. R: 3844) B e it enacted, etc., That the Secretary of the Interior be, and he is hereby, au granting an increase of pension to Wilson C. Moles. thorized and directed to place on the pension-roll the n!llDe of Farnaren Ball, mother of Augustus F. Coldecott, late private in Company F, Seventy-fifth The bill is as follows: Regiment New York Volunteers, war of the rebellion, subject to the provisions Be it enact-ed, etc., That the Secretary of the Interior be, and be is hereby, and limitations of the pension laws. authorized and directed to increase the amount of pension paid to Wilson C. Moles, late of Company H, First Ohio Heavy Artillery, from 1150 per month to The report (by Mr. SAWYER) is as follows: the sum of$72 per month, subject to the provisions and limitations of the pen Farnaren Ball was the mother of Augustus F. Coldecott. The papers in the sion laws, on account of total disability and requiring the constant care of an Pension Office show that the soldier entered the Army October 1, 1861, for three attendant. years, and re-enlisted in veteran service January 1, 1864; that while in the service he was taken prisoner, when he was con.fined about one month and The report (by Mr. MORRILL) is as follows: paroled and mustered out in March, 1865. The soldier died June, 1872, leaving The claimant in this case was pensioned for partial paralysis, receiving $8 per 1\Irs. Ball, his mother. He had never been married. At the time of his death month from March 3,1864,$15 from l\1ay 1,1869,$18 from June 4,1872, $'24 from he was drawing a pension for asthma. and resulting disease of lungs. August 9,1880, and f50 from May '1:7, 1885. This is the highest rate that can be Mrs. Ball applied for a pension in February, 1884, and the same was rejected allowed in this case by the Pension Office; because the claimant does not come for the reason that the soldier's death was not the result of his service. under the provisions of the act of June 16, 1880, not being on the pension-roll at The soldier died from an overdose of opium. The evidence as set forth in that time for S50 per month. the pa pers on file in the Pension Office is as follows: The files in the Pension Office show that though comparatively a young man, Dr. Benjamin Wilson states he knew soldier at time of his enlistment and since having enlisted in the service when only a little more than sixteen years of age, to his death. From frequent examinations and conversations learned he was he is a complete wreck. suffering from consum"ption beyond recovery. Dr. Pasco testifies as to the con The report of the examining board of surgeons at Marysville, Kans., after sumption and its progress. describing the disabilities, add: Emily B. Hendricks, who had known soldier since his childhood: that for a "This man is certainly a pitiable subject, d ependent upon the kindness of long time before his death he had become enfeebled, debilitated, a great suf friends for everything. He requires the regular aid and attendance of another ferer, and died in her family, where he had lived much of the last three years; person." - • that he was in the habit of taking laudanum to relieve his suffering from Affidavits filed in the case show that from the effects of the paralysis the sol spasms: that he regulated himself the doses he took; that the night before dier bas lost all eontrol of his bowels and hns to be eared for as an infant would his d eath he had one of his distressed turns; that she believes he took lauda be. His condition is certainly worse than that of a man who ha-s lost the sight num, RS usual, and was found insellsible in morning and soon died in such con of both eyes, or of one who bn.s lost both legs or both arms, and is otherwise in dition ; his feeble eondition would not udmit of his usual dose. good health. The present pension is inadequate to provide for his comfortable Dr. F. M. Pasco testified. that he knew the soldier; that he treated him for support and to -pay for necessary medical attendance. His not possible for him consumption, and gives it u.s his opinion that it was a reasonable conclusiou 1888. CONGRESSIONAL RECORD-HOUSE. 2945, that he m ay have become temporarily insane from the suffering and distl·ess pitals at different times during the last year of his service, and that he was dis produced by the disease which he had. charged by order of the \Var Department July 29 of that year. Dr. Wilson testified that he was intimately nenth Regiment. About member who chooses to read it. a dozen of these men testify that they had intimate acquaintance with the sol Mr. MORRILL. The report has been printed, but only in pamphlet dier from two to five years before he enlisted. They worked with him, and for::n. know that he was an unusually strong and healthy man-;-never sick, never ab sent f1·om his work. At least a dozen of his companions set forth this fact in af lvir. SHAW. Bnt I ask why it is now requested to have it again fidavits, and the evidence is strong and should be satisfactory to show that he printed in the RECORD. was sound when he enlisted. The Government not only accepted him, but was glad to get him, and certified to his soundness. Mr. MORRILL. So that the RECORD may show the basis of our "His certificate of discharge is signed by the surgeon of the regiment, who action here in passing bills. Some objection bas been made because says he has • gravel, occurring upon slight exposure. The disease followed an the reports have not been printed in all these cases. injury received twenty years ago.' "This statement is improbable on its face. It is not corroborated by any There being no qbjection, the reading of the report was dispensed proof or pretense of proof. It is contradicted. It is contradicted by a round with, and it was printed as above. dozen of good, honest witnesses. It is inconsistent with any theory that is ap The bill was laid aside to be reported to the Honse with the recom plicable in the case. He died after years of suffering that those who witnessed it it say is indescribable, and he was obliged to endure it without any sympathy mendation that do pass. or aid from the country he had defended, and which WI\S his only by adoption. "His aged and helpless wife in asking recognition is told that her husband, MBS. LEPRA. A. OSBORN. upon whose strength and protection she could confidentJy depend before his Mr. WICKHAM. I ask consent t.o take from the Calendar the bill enlistment, and who was never once able to raise a hand to help her after his discharge, was unsound before he volunteered. (H. R. 5966) granting a pt>nsion to Mrs. Lepha A. Osborn and pnt it "The bill is reported favorably, with a recommendation that it do pRSs." npon its passage. The records of the War Department show that this soldier enlisted August 20, The bill was read, as follows: 1862, and that he was present with his command until August 21, 1863. Even were it true that he received an injury,as alleged, twenty years prior to his en Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au li!'tment, His self-evident that it did not develop into a disability sufficient to thorized and directed to place the n ame of l\1rs. Lepha. A. Osborn, widow of di qualify him for the duties of a soldier until he had undergone the hardships Henry A. Osborn, late corporal Company C, One hundred and eleventh Regi of an active campaign. ment Pennsylvania Volunteers, on the pension-roll, subject to the limitations Having been accepted as sound, and subjected to exposure and hardship liable and provisions of the general pension laws. to cause permanent injury, your committee feel inclined to accept the evidence 1\fr. CHIPl\1AN; Is that on the Calendar? filed in support of prior soundness as sufficient to overcome the record hereto fore referred to, and return the accompanying bill with the recommendation Mr. WICKHAM. It is. that it do pass. Mr. MORRILL. Is this a. request for unanimous consent that the The bill was laid aside to be reported tQ the House with the recom bill be taken up ont of its order? mendation that it do pass. The CHAIRl\I.AN. It is. CHRISTOPHER WISEMILLER. Mr. MORRILL. Then I give notice that I shall object for the pre3- en t to any other unanimous consents. In this case I shall not make The next business on the Private Calendar was the bill (S. 819) grant objection. ing a pension to Christopher Wisemiller. The CHAIRMAN. The rep01·t will be read. The bill is as follows: The report (by Mr. THOMPSON, of Ohio) was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, author ized and directed to place on the pension-roll, subject to the provisions and lim Lepha A. Osborn is the widow of Henry A. Osborn, who enlisted iii Company itations of the pension Jaws, the name of Christopher Wisemiller, late private C, One hundred aud eleventh Regiment Pennsylvania Volunteers, on the 2~th Company B, Third Regiment Wisconsin Cavalry Volunteers. day of October, 1861, and was discharged from said service on November 7,1862, on surgeon's certificate of disability on a{!count of chronic diarrhea. of six The report (by Mr. SAWYER) is as follows: months' duration. He again enlistedinCompanyE, One hundred and twenty The Senate Committee on Pensions have made the following report: eighth Regiment Ohio Volunteers, on the 18th day of December, 1863; was trans "The claimant was a private in Company B, Third Regiment Wisconsin Cav ferred to Company B, One hundred and twenty-eighth Ohio Volunteers, on alry. He enlisted December '1:7, 1861, and was mustered out July 29, 1865. He March 31, 1865, and was discharged from the service ali Camp Chase, Ohio, on claims a pension for disease of the lungs contracted on board a steamer while July 13, 1865. -- e~osed to a severe rain-storm in the spring of 1865. He died of consumption or hemorrhage of the lungs on the 26th day of July, • The report of the Surgeon-General shows that he was sick in different hos- 1869. XIX-. -185 2946 CONGRESSIONAL REOORD-HOUSE. APRIL 13, .The soldier for a pension daring his life-time on account of chronic I The bill was laid aside to be reported to the House with the recom.. diarrhea and heartapplie~ d1sease. . . His widow filed a claim for pension on May 13 1875 allegino- that his death mendatwn that It do pass. was due to di ease contracted during his military serv'ice. "' B.oth claims have undergone a thor-ough special examination by a special ex CATILUUNE IlLACK. ammer of the Pension Bureau. The special examiner Mr. F. E. Brownell submitted his report to the Commissioner of Pensions o~ September 29 1&!4. ' The next business on the Private Calendar was the bill (H. R. 3554) In this report he says: • ' granting a pension to Catharine Black. * * .* "From all the facts and the testimony in the case, giving the claim The bill is as follows: benefit of all doubts, I am of the opinion that the claims, should ~~~~fed~'~he Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au On Septemher 15,1885, the soldier's claim, No. 4105, was allowed by the Com thorized and directed to place on the pension-roll, subject. to the provisions and missioner of Pensions on account of chronic diarrhea at $8 per month from the limitations of the pension laws, the name of Catharine .Black, widow of Patrick date of his discharge from Oompany C One hundred and eleventh Regiment 'V. Black, deceased, late o. first lieutenant in Company F, Ninth Iassachusetts Pennsylvania Volunteers, deducting his subsequent service to the date of his Yolunteers, also captain of Oompany B, Twenty-eighth 1\Inssa.chusetts Volun death, on July 26, 1869. . teers. So much of the claim as relates to heart disease was rejected on the ground, The report (by ll:lr. THOliiPSON, of California) was rea.d, as follows: that said disease was not shown to have originated daring his military service. The widow's claim, No. 209301, wn,s rejected "on the ground that the disease Claimant is the widow of Patrick W . Black, who died of disease of l ungs No of lungs, which caused soldier's death, was not a. result of chronic dia.rrhea Yember 7, 18 l. The soldier entered the service as commissary-sergeant of the which was contracted in the United States service, or otbe1·wise ch.argea.ble to Ninth Regiment Massachusetts Volunteers .June, 1861; was promoted to second said service, but h.ad its origin in the t.yphoid-pneamonia that soldier had in lieutenant of Oompany B, same regiment, August 26, 1861; to captain, same the winter of 1800-'67 or l"pring of 1867." corupany, Octobe1· 20, 1862, a.nd honorably discharged .July 28, 1863. He again It appears from the evidence of comrades obtained during the special exami enterey the service as private in Company I, Twenty-eighth Massachusetts Vol nation of this claim that the soldier suffered almost continuon ·Jy during his un~ers, March 29, 1864, and was promoted to second lieutenant April10, 1864; service in the One hundred and twenty-eighth Regiment Ohio Volunteers with to first lieutenant June 5, 1864., and to captain • ovember 22, 1864; was finally chr~micdiarrhea ; that he had a" bad, hacking cough while in s:n.id service, and mustered out .July 22, 1865. For conspicuous gallantry in the engagement near at hrues would expectorate blood." · Boydton Plank road, for efficient services on all subsequent occasions, and fot• It also appears from the c\·idence of neighbors that while at home on !ur particularly meritorious services dut'ing the campaign ·terminating with the Iough from the One hundred and twenty-eighth Regimeut Ohio Volunteers surrender of Lee's army he was brevetted major by the President. He was a. he was suffering with chronic dianhea and lung disease, and had a bad, hack pensioner on account of gunshot wound of right hn-nd. ingcougb. The widow's claim hns been rejected because, in the opinion of the Pension It also appears from the endence of doctors and neighbors that when the Office, the evidence is insufticient to connect the death cau.ow with the service. soldier returned from the Army in the year 1865 he was greatly emaciated and The eviuencc in the ease shows beyond a doubt that a.fler the officer's 1•eturn debilitated, sutrering from chronic dianhea and had a. hacking cough; thnt he from a four-months' confinement in a. Southern prison. in 1862, be suffered from never recovered from these complaints, but, on the contra1·y, they continued to diarrhea and dyspepsia, and continued to sutl'er therefrom during the remain affect him and disable him, until his constitution was completely shattered. der of his service. It is also shown that in July, 1864., he received a contused It also appears from the evidence that the soldier did h.ave an attack of "lung wound in the region of the left kidney, on account of which he was gmnted trouble," or typhoid pneumonia, in the year 1866 or 1867, but your committee are leaYe of absence. From the testimony of fellow officers it appears that Captain of the opinion that his condition at that time, in consequence of chronic diar Black was frequently under medical treatment by the regimental surgeon for rhea and lung disease, wns such that his constitution was unable to resist the malarial troubles, chronic dianbea, and dyspepsia, and that he frequently be attack. ca me prostrated from the combined efl'ects of these disenses during the cam· Dr. A. A. Ct·oss, who treated the soldier immediately on his return home from paigns of 1862 aud 1863. the Army, s•ates in his affidaYit: 'l'be physical condition of this officer, from date of discharge until lSTI, is "·was called to treat the oldier immediately on his return home from the shown by lay testimony only, as the attending physician during that period is Army, the. date of which he does not recollect: that he found him su1leriogfi·om dead. chronic diarrhea of an obstinate character. His blood was in a. very low condi Dr. Wiley comes in the case in 1871. He testifies that he became the officeT's tion, with lungs strongly sympathizing with the disease in the stomach and ali family physician in tllat year, and con.tinued to be such until his de&th., in 1881. mentary canal, the lung trouble finally culminaUng in a severe cough of a spas Captain Black's health during that period was very poor. He suffered from modic character, the blood being in a low condition, composed in a large pro chronic diarrhea., aggravated dyspepsia., and cough. This terminated in portion of serum and lacking red globules. The excitement in lungs daring the phthisis pulmonalis, of which he died. spasmodic cough determined the blood to the lungs and brought on breruoptesis, The long and faithful services of Captain Black, together with the ack~owl· or hemorrhage of lungs. · , edged incurrence of diseases in the Army, and the well-established connection "These conditions often recurring so prostrated the syste1n.that nature could between the same and the cause of his death, afford ample ground to yo or com not sustain itself nor even the best medical aid overcome the debility. Thus mit lee for the favorable consideration of the claim of his widow, who is with prostrated, ere long the vita.l spark bad fled, and i n all probability the exciting out means and depen.dent upon her own effort for the support of herself and cause was chronic diarrhea. contracted in the Army." two minor children, and therefore retnrn the accompanying bill with the rec- The committee, after considering all the evidence in the case are, of the opinion ommendation that it do pass. that it is a very just and meritorious case, and recommend the passage of the The bill was laid aside to be repomd to the House with the recom bill with the following a.mendment: After the word "volunteers," in line 7, in sert" and of Company E, One hundred and t enty-eighth Ohio Infantry Vol mendation that it do pass. unteers." llENRY H. STUTSMAN. The amendment recomm~nded by the committee was agreed to. The bill as amended was laid aside to be reported to the House with The next busines.'3 on the Private Calendar was the bill {H. R. 680) granting a pension.to Henry H. Stutsman. the recommendation that it do pass. The bill is as follows: ROSANNA ROBEY. Be it enacted, etc., That the Secretary of the Interior be, and is hereby, author ized and directed to place on the pension-roll, subject to the provisions and lim· The next business on. the Primte Calendar was the bill (H. R. 4491) itations of the pension laws, the name of Henry H. Stutsman, late of Company granting a pension to Rosanna Robey. F, Thirteenth Regiment Iowa. Volunteers. The bill is as follows: The report (by Mr. T H Ol\fPSON, of California.) was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au· tborized and directed to place on the pension-roll, subjecttotheprovisionsand Stutsman enlisted in Oompany F, Thirteenth Iowa Volunteers, October 21, limitations of the pension laws, the name of Rosa.nna Robey, widow of Phineas 1861, and was discharged June ll, 1862. for disabiUty. He applied for pension S. Robey, deceased, late of Company L, Third Wisconsin Cavalry Volunteers. l\1ay 2, 1878, on account of injury, or, as he teriDB it, rupture of left; side. The claim has been rejected by the Pension Office because of the insufficiency of the The report (by Mr. THOMPSO~, of California) was read, as follows: e·vidence to show origin in the service. Claimant alleges that while stationed at Jefferson City, Mo., about Febrll!lry Rosanna Robey is the widow of Phinea.s S. Robey, who served as private (un 10, 1!:SG2, he was ruptured in left side while helping a sick man, who fainted and assigned) in the Third Regiment Wisconsin Cavalry, and died .July 30, 1875. · fell upon him. The soldier while in service received serious injuries while breaking in horses, In corroboration of this allegation there has been filed the following testi for which he was pensioned. His disabilities for which he was pensioned ape mony: described as follows by the examining. surgeon: "Left testicle disorganized Dr. Srl.vester G: ~Iatsen, of Anamosa, Iowa., testifies, in 1878, that he has been and alJsorbed. The right testicle is hypertrophied and painful. Is obliged to a practicmg phystCian for forty-five years; has known the soldier from child wear a suspensory bandage night and day. The left knee wa:J fractured. Has hood, and was his father's family ~;~hysician for many years. Considered sol shortening of about an inch of left leg. Suffers constantly with chronic syno dier sound at enlistment; if otherwise, would have known it. vitis." Dr. E . H. Lockwood testifies that he was intimately acquainted with the claim The widow's claim was rejected by the Pension Office on the ground that the ant for fifteen years prior to his enlistment were together mo t of the time and soldier's fatal disease, typhoid fever, was not cha.rgeable to his army service. knows that he was physically sound when he entered the Army. ' This action was based upon the testimony of Dr. ,V. A. Hughson, who was called Comrade Oliver Brundidge ~stifles t.hat cla.imant was taking care of one of 1n the case but a short time before the soldier's death. He states that the dis the sick, and while helping him to the door the ma.n fainted and fell with claim ease o.t time of death was typhoid feyer, which proved fatal from the utter lack ant, the latter strildng his left; side upon a stick that was driven in the ground. of reactionary power in his system. In so far as his nervous power was con Compla.ined of his side and was sho1·tlythereafter sent home on furlough. The cerned he was entirely paralyzed, it being utterly impossible to arouse any ac record of the War Department does show that claimant was sent home on fur tion, even with artificial aid. Knee ofleft limb deformed, the result of a violent lough February 10, 1~2, to return March 12, 1862. bruise. Both testicles injured, especially the left. In the scrotum an abnormal Neighbors testify that upon his retnrn home on furlough claimant was suffer excrescent growth necessitated the use of suspending apparatus. The brain and ing from an injury to left side, and came under treatment of Dr. Stpne, now de spinal cord were also so fa.rinjured that an impairmentofintellectandadegree ceased. of general paralysis resulted. The type of the fever in the beginning was mild Although the record shows that claimant was discharg·ed on account of disa and should in an ordinary case ha."\'e resulted in no evil, but was rendered fatal bility, there is no certificate of disnbiHty on file, and is, therefore, without fault by the previous condition of the pa.tient. - on his part, deprived of what corrobomtive record evidence there should be It is also shown that for some time before the fatal attack soldier became so available.. entirely disabled, by reason of tho injuries received in service, that he required .Medical examination shows a well-defined tumor about 3" inches in diam the re£Ular aid and attendance of another person. eter, immediately above the anterior portion of crest of left ilium, which dis WbHe it may be true that the immediate cause of the soldier's death was appears when assuming a. recumbent position, but reappears when erect. It is typhoid fever, yet the. wretched condition of the soldier, due to his military probably due to rupture of the abdominal muscles. service, must necessarily have entered so largely into the fatal result, that it The witnesses in the cuse arc shown to be competent and credible. There is should not be ignored in the consideration of the widow's title to pension. He nothing in the whole history of the caae in any way inconsistent with claim could have survived but a short time had not his already pitiable condition been ant's allegations, and while the evidence may not be conclusive enough to war complicated with this acute disease. r ant favorable action under the rules of the l'eusion Office, yet your committee Believing that the relief asked for should be granted, your committee report believe that the claim is meritorious, and therefore report favprably on the no favorably on accompanying bill and ask that it do pa-ss. . companying bill and ask that it do pa . 1888. CONGRESSIONAL RECORD-HOUSE. 2947 The bill was laid aside to be reported to the House with the recom it is permanent, and of a character that will increase with yea1·s; nor that the complication of troubles now affecting claimant is directly resultant from his mendation that it do pass. wounds received in service. · '·Your committee deem the ca!:'e so plain and meritorious that they recom HELEN 1'11. RANDOLPH. mend the passage of the bill." The next business on the Private Calendar was the bill (S. 1354) The pension now received by this officer, though all to which he is entitled under t.he general pension laws, is entirely in~dequate with the degree of dis granting a pension to Helen Randolph. ability from the combined effect of the severe wounds received on the field of The bill is as follows: battle, and relief should be gr&nted 'him by Congress. The amount of increase Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au proposed in the bill is, however, above that granted in similar cases, and follow thorized and directed to place on the pension-roll, subject to the provisions and ing a. well-established rule of this committee we recommend that. the bill be limitations of the pension laws, the name of Helen 1\I. Randolph, widow of John amended by striking out the word "sixty," in line 4, and inserting therein in Randolph, late of Company I, Thirty-fourth Regiment New York Volunteers, stead the words "forty -five," and thus amended ask that it do pass. and ofCompo.ny G, One hundred and eighty-ninth Regiment New York Vol Mr. MORRILL. 'fhe report recommends an amendment making the unteers. pension $45 a :;:nonth in place of $60. The report (by Mr. THO.IPSON, of California) was read, as follows: The amendment was agreed to. ~ The Senate Committee on Pensions have made the following report in the The bill as amended was laid aside to be reported to the House with case: "The claimant, Helen M. Randolph, is the widow of John S. Randolph, who the recommendation that it do pass. enlisted June 15, 1861, in Company I; Thirty-fourth New York Volunteers, and M. T. LINDSEY. served until June 30, 1863, and re-enlisted August Zi, 1864, in Company G, One hundred and eighty-ninth New York Volunteers, serving until 1\Iay 30, 1865. The next ptm.sion bill on the Private Calendar was the bill (S. 703) The soldier was allowed a pension of $4 a month for chronic diarrhea, and died granting a pension toM. T. Lindsey, of Oregon. January 3, 1883. The claim of Helen M. Randolph, as his widow, was reject~d by the Pension Office on the ground that the cause of death (typhoid pneumonia) Mr. MORRILL. In this case, although it does not so appear on the was not a. result of his service. Calendar, there is an adverse report. I ask that the bill be reported "The official records of the War Department show that the soldier was ad back to the House with the recommendation that it be indefinitely mitted for hospital treatment November 23, 1862, on account of 'debiJity' and 'chronic diarrhea,' and continued in hospital untill\Iarch 24. 1863. postponed. "Edwin A. Draper, first lieutenant of the company to which Randolph was There was no objection, and it was so ordered. assigtled at his second enlistment, testifieg that Randolph, whom he knew well, about. the 12th of December, 1864, at the time of the raid on the Weldon Rail ORDER OF BUSINESS. road, took a severe cold, <'&used by wet and exposure and marching through Mr. CHIPJiriAN. I wish to 8ay on behalf of the Committ.ee on Inva. water and sleeL for several days, which settled on his lungs and induced a se vere cough and soreness of the lungs. This condition became chronic and dis~ lid Pensions that we have no objeetion to unanimous consent being abled him for duty a considerable portion qf the time. · given to the gentlemen present who want to call up their bills. ''Dr. S. R. Abram testifies that he knew Randolph from boyhood; that he was rosy-cheeked and healthy at enlistment, but that at his discharge he was thin GENERAL W. E. WOODRUFF. and haggard and suffering from lung disease, and that whenever he talked with the soldier about his ill health Randolph always attributed it to the serv Mr. CARUTH. I ask unanimous consent to call up for present con ice. This evidence is corroborated by severn~ other witnesses. sideration the bill (H R. 335) granting a pension to General W. E. "Dr. Rogers, who attended Randolph during his la.St illness, says he thinks Woodruff. that the chronic diarrhea seriously complicated the case and contributed toward the fatal result. The bill was read, as follows: "The soldier, until his death, was a respected preacher of the gospel, and he Be it enacted, etc., That the Secretary of the Interior, in recognition of meri leaves a wife and six children. He enlisted early in the war, and sen·ed most torious service, is hereby authorized and direeted to place the name of General of the time until the close, and was a good soldier. It is but a reasonn.ble con \V. E. Woodruff, of Kentucky, on the pension-roll, at the rate of$25 per month, clusion from the evidence that he died of disease contracted in that service." It may be proper t-o add to the foregoing report that there is on file, in addi lion The report (by Mr. HUNTER) was read, as follows: to the testimony therein set forth. the testimony of comrades and neighbors The Committee on Invalid Pensions, to whom was referred the bill (H. R. 335) showing beyond any doubt that soldier's lungs became diseased in the service granting a pension t{) General W. E. \Voodruff, submit the following report: and that he was a constant sufferer therefrom until the fatal attack of pneu The committee recommend the passage of this bill. monia. The exact physical condition of the soldier prior thereto is not satis General \V. E. Woodruff was a soldier in the 1\ • 2948 CONGRESSIONAL RECORD~HOUSE. APRIL 13, men from Kent-ucl{y to place himself in the Union Army. All the from his boyhood down to his enlistment, and saw him with other boys running and jumping, lift-ing and carrying heav·y logs and planks while at work, and members from Kentuch.7 know the facts which I have stated. that they ne>er knew or hem·d of any heart difficulty or other disease or diffi.· The amendment was agreed to, and the bill as amended was laid culty, but that they always regarded him as entirely sound and healthy. aside to be reported to the House with the recommendation that it do The affidavits of his mother and brother are to the same etfect. There haYe been filed with the committee since the introduction of this bill pass. t.he affidavits of four persons, whose character and credibility at·e fully indorsed, WILLIAM O • • DOYEL. showing that the soldier, previously sound and healthy, was taken sick in the camp at Troy, .N.Y., with the bilious fever, and was taken home and there re· Mr. HUNTER. I call up for consideration the bill (H. R. 7476) ma..ined until be had sufficiently recoYered to rejoin his regiment, the mother granting a pension to William 0. DoyeL staLing that the soldier, up to the time of his enlistment, had never been sick or required the attendance of a physician. The bill was read, as follows: 'l'he committee can but believe that while the soldier was extremely unfortu· Be it enacted, etc., That the Secretary of the Interior be, nnd he is hereby, au n a te in his military service, he was a sound and healthy man at the time of his thorized and directed to place on the pension-roll, subject to the provisions and enlistment, and for that reason entitled to the relief granted by this bill, and limilntions of the pension laws. the name of William 0. Doyel, dependent son they therefore recommend that the bill do pass with an amendment strilting of Richard G. Doyel, late a private in Company C, Twenty-third Regiment of out after the word" Voluntel'rs," in the eighth line thereof. Kentuck--y Volunteers, said pension to date from .January 1, 1888. The amendment was agreed to; and the bill as amended was laid The committee reported the bill with the following amendment: aside to be reported to the House with the recommendation that it do Strike out the words "said pension to date from January 1, 1888," and insert pass. · in lieu thereof "and pay him a pension of $18 per month." NELLIE PALFREY GOODWIN. The report (by Mr. HUNTER) was read, as follows: Mr. GALLINGER, by unanimous consent, called up the bill (H. R. The Committee on Invalid Pensions, to whom was referred the bill (H. R. 7476) granting a pension to William 0. Doyel, submit the following: 7913) granting a pension to Nellie Palfrey Goodwin. William 0. Doyel is a resident of Mammoth Cave, Edmonson County, Ken The bill was read, as follows: tucky, and is a son of Richard G. Doyel, late a private in Company C, 'l'wenty third Regiment of Kentucky Volunteers, who died in theA.rmyduring the year Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au• 1864. thorized and directed to place on the pension-roll the name of Nellie Palfrey 'l'he claimant wa.<> born in 1864, and has been a. helpless cripple since his birth. Goodwin, the invalid, dependent, and pauperdaughterofWilliam H. Goodwin, He has lateral curvature of the spine, with complete paralysis of the lower ex late of Company K, Second New Hampshire Volunteers, at the rate of SIS per tremities, and great wasting away of soft parts of the same, rendering him month, payable to her legally constituted guardian. thereby helpless and necessitating the constant aid and attendance of another. Mr. GALLINGER. Mr. Chairman, asthereport is pretty long, and He is a physical wreck, and his life under the circumstances can not be loug. He is in destitute circumstances, and unless relief is obtained he must of neces as the case is one in the line of precedents that we haYe established, if sity become a county charge. the committee will bear with me I will make a brief statement cover· 'i'he case appeals strongly to the generosity of Congress, and it is to be hoped ing all the essential points. The father of this girl was wounded twice that a prosperous Government, blessed with a plethoric Treasury, will not per mit the son of a gallant soldier who fell in her defense to seek refuge in an at the first battle of Bull Run, and again, very severely, at the second almshouse or be found begging for bread. battle of Bull Run. After leaving the service he had to use crutches The committee therefore make this fayorable report., with the following to get about., and he died in consequence of the injuries received in that amendment, Rnd recommend the passage of the bill: Strike out all after the word "Yolunteers," in the eighth line, and insert the battle. He never applied for nor drew a. pension. This child, at the words "and· pay hun a pension of ~18 per month." age of two years, fell from a window and was injured so severely that The amendment wa-s agreed to. ever since she has been partially paralyzed. She is without relatives Mr. HUNTER. I desire to substitute for the House bill the Senate able to support her, and for two years past she has been an inmate of bill, which is exactly the same. the almshouse at Tewksbury, Mass. The bill simply provides that she There being no objection, the billS. 2067, which was identical with shall be cared for as other children of soldiers have been cared for by the House bill as amended, was ordered to be reported to the House Congress under like circumstances, and I think there will be no objec· with the recommendation that it do pass; and the bill H. R. 7476 tion to it. I ask that the report be printed in the RECORD. with the recommendation that it do lie on the table. The report (by Mr. GALLINGER) is as follows: The Committee on Invalid J:>ensions, to whom was referred the bill (II. R. FRANCIS DANIELS. 7913) granting a pension to Nellie Palfrey Goodwin, having considered the Mr. GREENMAN. I call up for consideration the bill (H. R. 2664) same, beg leave to report as follows: Nellie Palfrey Goodwin is the invalid and dependent daughter of William for the relief of Francis Daniels. H. Goodwin, late of Company K, Second New Hampshire Volunteers. A peti· The bill was read, as follows: tion, signed by Charles A. Currier, of Chelsea, Mass.:..t and :Margaret Sunder Be it enacled, etc., That the Secretary of the Interior be, and he is hereby, au land Cooper, of Concord, N.H.; the certificates of A. lJ. Ayling, adjutant.-gen thorized and directed to place on the pension-roll, subject to the provisions and eral of the State of New Hampshire, and of Capt. William 0. Sides, of Ports limitations of the pension laws, the name of Francis Daniels, of Cropseyville, mouth, N. H., showing the military service of the soldier; and the certificate of N.Y., late a priYate in Company H, One hundred and twenty-fifth Regiment C. Irving Fisher, M.D., superintendent of the State almshouse at Tewksbury, of New York Volunteers, at the rate of- per month commencing at the date Mass., setting forth the fact that claimant is an inmate of that institution, show of his discharge on the 11th day of May, 1863. so clearly the status and justice of this claim that they are herewith appended: The committee recommended that the bill be amended by striking " To the honorab!-6 Senate and House of .Rep1·esentatives in (xmgress assembled: out all after the words "New York Volunteers." "The undersigned, your petitioners, respectfully represent that Nellie Palfrey The report (by Mr. SAWYER) was read, as follows: Goodwin, a daughter of the late William H. Goodwin, formerly a private in Company H, Second New Hampshire Volunteer Infantry, is, nnd for a long time The Committee on Im·alld Pensions, to whom was referred the bill (H. R. has been, an inmate of the State almshouse at Tewksbury, .Mass. 2064) for the relief of Francis Daniels, submit the following report: "Thatshe is about twenty-nine years of age, n.nd in consequence of injuries Tllat from the papers on file in the Pension Office it appears that the soldier received in infancy (by falling from n. window at Port.!'mouth, N.H.), i physic enlisted August 14,1862, at Troy, N.Y., and joined his company, then in Camp ally incapacitated from obtaining a livelihood; that she hi.\S no relatives from Halleck near Troy aforesaid. 'l'hat within a week or ten days after his enlist whom she can claim support. ment he' was taken sick in camp. Before the company started to the front he "That her father, the said William H. Goodwin, served in the above-named was permitted to retur?- home _on account of his si~~ess, 'yhere. be remained company and 1·egiment, on the quota of Portsmouth, N. H.; that while in line of until the following sprmg, Apri113,1863, when he rejomed h1s reg1ment, then at duty with his company and regiment, at Bull Run, Va., July 21, 1861, here Alexandria Va. He was absent at home when his company was mustered into ceived a slight wound, a particular description of which is unknown to your service. 'I'ho next day, April 14,1863, he was sent to King Street General Hos petitioners. pital at Alexandria, with hypertrophy of heart, and discharged therefrom May "That while in line of duty with his company and regiment, at Bull Run, ce~tifi 13, 1863. No records of the regiment on file bearing _upon the case. His Va., August 30, 186~, he suffered severe wounds of the ankle and hip, which ever ca.te of discharge, dated May 16,1863, made by the ~1stantsurgeon of the Umted afterward disqualified him for duty as a soldier; that the official record shows States Army,states "disease developed before enhstment;_ has n~ver done .~!!Y him to have been in consequence discharged on the 21st day May, 1863; that he duty· was enlisted for three years, but never mustered m serviCe" and ln was never afterward able to perform manual labor, and only with the greatest capable of performing the duties of a soldier because of valvular disease of difficultv could he get about, even with the aid of crutches; that he n ever re heart and hypertrophy." ceived from the Government a. pension or other remuneration on account of The soldier made application for pensi~n June 12,1880, clain?-ing a pen~ion for his wounds received in line of duty as o. soldier; that on or about the month of disabilities resulting from bilious fever, d1arrhea, and heart disease, wh1ch was August, 1865, while sailing near Portsmouth, N. H., his boat was upset; that rejected on the ground that the disabilities did not arise in the service. three persons who were with him at the time were able to so.ve themselves, The fact that the soldier was sick during nearly his whole service and soon but having no use of his lower limbs, the said Goodwin was then and there became totally unable to perform the duti~s of a soldier, and that he has since drowned. remained unable to perform manual labor seems to be undisputed. "We therefore respectfully petition tba.t such legislation may be had ns shall A bill was introduced in the Forty-eighth Congress for his relief and an un provide for the said Nellie .Palfrey Goodwin a proper home outside the walls of favorable report made thereon by the Committee on Invalid Pensions, but no a pauper institution, and as in duty bound will ever pray. further action was had thereon. ''CHAS. A. CURRIER, The point seems to be, when did the ca_use of the disability origina:te? Th:; "Chelsea, Mass., late Captain F01·tieth Massaeh·u.setls Volut1teer Infantry. United States assistant surgeon states "disease developed before enlistment. "1\IARGA.RET SUNDERLAND COOPER, Then we have the facts concerning his being taken sick and the continuation "Coneo1·d,N. H., Widow of Lieut. Cot J.D. Cooper, "Second New Hampshire .Regiment. th~r;~~e other side, we have the affidavit of Dr. WilliamS. Cooper, who states "BosTON, MASS., Feb1·ua1·y 24, 1888." that he was late surgeon of the One hund1·ed and twenty-fifth Regiment New York Volunteers, the soldier's regiment: "That on the 14th day of August, 1862, he examined Francis Daniels, private "STATE OF NEW IlAMPsHIRE, A.I>JUTANT-GEYERAL's OFFICE, in Company H One hundred and twenty-fifth New York Volunteers, and found "Concord,Jan'l.ut1-y25, J887. him to be a soii.nd man and free from heart disease. Further, if be had heart disease detectable by ordinary methods of diagnosis, affiant would have ascer- " I certify that the official records of this office show that William H. Good· win enlisted on the 21st day of May, 1861, and was mustered into the service of ta~h~ ~~d~t;~{~'~umber of witnesses shows that soldier's father carried on the United States as a private in Company K, Second Regiment Infantry, New a. saw-mill and turning shop, where the soldier worked before his enlistment, Hampshire Volunteers, on the 8th day of June, 1861, for the period of three and there are on file the affidavitsofseveralpersonswho had known the soldier years. 1888. CONGRESSIONAL RECORD-HOUSE. 2949 "He is also officially reported as discharged ~lay 21, 1863, Medical Depart ant, and the said claimant was, durinJr all that time. of sober habits and of vir ment, Philadelphia, Pa. tuous disposition, and affiant never saw him in a stat-e of intoxication, * * * "A. D. AYLING, and was never, to his knowledge, guilt.y of sexual indulgence, but that he was "Adjt1tant-Gene1·al." a good soldier and bore a good name for morality.''' "Frederick Lauderman, Christian Pape, Deiderich KJingman, Henry Thies sen, and John Haslauer, on the 26th day of September, 1883, made oath 'that "I WilliamO.Sides,ofPortsmouth,countyofRockingham, and State of New they were members of the above-named organization, and that they well knew Hampshire, on onth depose, declare, and say that I enlisted · wi~iam H. Good win as a private in Company K, Second Regiment New Hampsh1re Volunteers, the claimant herein, William Sackman, sr., prior to his enlistment and during and that he was mustered into the service of the United States on the 8th day his service in said organization, and ever since he was discharged from the serv of June, 1851. ice of the United States, and that said William Sackman was a. good soldier and "WILLIAM 0. SIDES, bore a good character always for sobriety and moral habits, and that he was ne>er guilty of the charge of being intoxicated or indulging in the excessive use "Late Captain Company K, Second Regiment New Hampshire Volunteers. of intoxicating liquors nor of sexual indulgence.' •• Sworn to before me this 21st January, 1887. "Henry Thi~sen and William Brans, on the lith day of June, 1883, made "JOHN ALBEE, oath 'that they were members of the organization aforesaid. and that they well "Justice Peace and Commissioner for New Harn,pshi1·e. knew William Sackman, sr., the claimant herein, and that in the organization aforesaid in the line of dnty, being on detached service at the time, the said "STATE OF NEW HAMPSHIRE, Henry'l'tliessen being· a corporal at that time in command of said detachment, "Rockingham, ss: and the said William Braus also a. member of said detachment, and that while "'.rhen personally appeared before me the aforesaid William 0. Si?es and so detached for the purpose of guarding one of their company to his home, the made oath that the said affidavit by him signed is the truth. I have no.mterest horse claimant was riding took fright and ran off with him, thereby injuring in the claim to which said affidavit pertains. said claimant so that he could not arise nor get on to his horse without assist "[SEAL.) WILLIAM H. HA.CKETT, ance. That the post surgeon furnished a. certificate to the said corporal in re '' ClerT~ Oircuit CouTt ·United States, District of New Hampshire." gard of the inability of said William Sackman, sr., to be carried back to his command.' "William Wolfeck.iller, on the 17th of-September;1883, made oath' that the . "STATE ALMSHOUSE, Tewksbury, Februa1-y 24,1888. said petitioner. while on duty on the march from Pilot Knob to Cape Girardeau, "To whom it may concern: in the year 1862 or 1863, was thrown from his horse and seriously injured; that " This is to'!ertify that Nellie Goodwin, twenty-seven years old, born in Ports he was not intoxicated at that time ; that be served with the said petitioner in mouth, N. H., was admitted to this institution from Chelsea, 1\Iass., September the same company about three years, and that the sn.id petitioner was free from 27, 1886, and is still an inmate here. · sexual indulgence and the excessive use of intoxicating liquors.' "C. IRVING FISHER, l\I. D., "William Northropt, on the 17th day of September, 1883, made oath' that he . "Superintendent." WRS first sergeant of Company D, Twelfth Regiment Missouri State l\Iil itia Cav alry, and knew petitioner to be a sober man and never saw him intoxicated or Certain facts are indisputably shown in this case by the above documents and indulging in any bad habits. The record showing that the petitioner indulged other papers filed with your .committ~e_. It con~lusively appears ~ha~ tht: sol in the excessive use of intoxicating liquors or sexual indulgence is folse.' dier was severely-wounded In the m11ltary service, and lost his life In d1rect consequence of his wounds; that the daughter, at the early age of two years, "G. H. Cramer, mayor of Cape Girardeau, where the petitioner resides, on fell from a window and injured herself for life, partial paralysis resulting from the 12th day of February, 1884, made oath as follows: 'I ha,ve known said pe the fall· that she is not only an orphan. but also without relatives who can Cfl.re titioner and have been well acquainted with him ever since about the year-1&'>4, for her,' and that for nearly two years she has been an inmate ofthe State alms while he was, as he is yet, a citizen of Cape Girardeau. I have never heard or house, Tewsksbury, Mass., clothed in the garb of the inmates of a pauper in seen anything del'Ogatory to his moral character, and I believe he is considered stitution, most of her companions being representatives of the most degraded generally as an honorable and virtuous man.' "On June 2S, 1882, Fred. B. Schultz, examining surgeon of the Pension Of classes. fice, examined the petitioner and certified: 'The disability is a fracture of It is not necessary to argue this case. Surrounded with the blessings of peace three ribs on the left side.' secured at the sacrifice of so many of its sons, the Congress of the nation will "The evidence above quoted fully sustains that of the petitioner, that while not hesitate to throw the regis of its protectine: arms around this neglected and in the service and in the line of duty he was thrown from his horse and seri suffering child of a Union soldier, especially a~ there are many precedents for ously injured. This appears on the face of t·he certificate of discharge for disa the beneficent legislation asked for iu this case. bility. The records of the Adjutant-General's Department, as well as the Sur Your committee report the bill favorably, with a recommendation that it do geon-General's, tends to sustain this view of the case. The cerbificate of tlJe pass. examing surg-eon of the Pension Bureau confirms the claim of the petitioner The bill was laid aside to be reported to the House with the recom in the declaration for a pension. Does the evidence justify the conclusion reached by the Pension Bureau that at the time of the injury he was uot in the mendation that it do pass. line of duty, or that it occurred while he was intoxicated, or that his disability WILT.I.AM S.ACKM.A.N. at present. is the result of excessive sexual indulgence or the improper use of stimulants? Mr. WALKER, by unanimous consent, called up the bill (S. 465) "The committee is of opinion that the certificate of discharge and the evi granting a pension to William Sackman, sr. dence of his comrades conclusi\•ely show that the injury, happening to him by the falling from his horse, near Fredericktown, 1\Io., was while in the line. of The bill was rend, as follows: duty, and that at the time he was performing services under the orders of his Be it enacted, elc., That the Secretary of the Interior be, and he is hereby, au superior officer. thorized and dit·ected to place on the pension-roll, subject to the provisions and ·· '"'' as he intoxicated at the time the injury ccurred? limitations of the pension laws, the name of William Sackman, sr., late a private "The only evidence to sustain that alleg-ation is the statement embodied in in Company K, Fifth Reg-iment l.\1issoul'i State Militia Cavalry. the discharge fer disability signed by his captain. This is contradicted by the ::M:r. WALKER. ::M:r. Cl1airman, as the report in this case is rather oath of the petitioner,-as well as the testimony of two of his comrr..des, who \Yere present and had personal knowledge of the fact, and the corroborating long, I suggest that its reading be dispensed with, and that it be printed e\idence of a number of his comrades, who testify to his sober habits. This in the RECORD. The bill has passed the Senate and the case is a good view is further strengthened by the affidavit of the mayor of the city in which strong one. ! ·trust there will be no objection to the he lives, who testifies to his moral character. bm. "Was his disability the result of sexual indulgence or the excessive use of The bill was laid aside to be reported to the House with the recom liquor? mendation that it do pass. "The testimony upon these questions is full and satisfactory. The numerous affidavits filed overthrow even the suspicion that his disability is the result of The report (by 1rlr. W A.LKER) is as follows: either cause assigned; and the certificate of the examining surgeon of tlJe Pen The Committee on InYalid Pensions, to whom was referred the bill (S. 465} sion Bureau, that 'the disability is the result of the fracture of three ribs on granting a pension to William Sackman, sr., submit the following report: the left side,' in the absence of all other evidence, should be conclusive on this Your com mit tee adopt I he report of the Senate committee, which is as follows, point. and recommend the passage of the bill: "In the opinion of the committee the claim of the petitioner for a pension "The claimant enlisted as a private in Company K, Fifth Regiment l\lissouri should be sustained. The bill is therefo1·e 1·eport-ed favorably, with the recom 1\HlitiaCavo.lry, on the 24th of December, 1861, to serve during the war in Mis mendation that it do pas3." souri, and was discharged on the 2!>th of February, 1864. His declaration for a pension was filed July 1,188l,claiming that 'at Fredericktown, Mo., about the A.LOURED H. GREGORY. lOth or 12th of April, 1863, he had three ribs broken by falling from his horse while surrounded by the guerrillas.' Ur. GROUT, by unanimous consent, C.."tlled up the bill (H. R. 53.11) · ''The claim was rejected by the Pension Bureau A.pril9,1883, upon the ground granting a pension to Aloured H . Gregory. • that the record evidence shows that the alleged di.oability was not incurred in The bill was read, as follows: the line of duty.' ''The records of the Adjutant-General's Office sLow th0 petitioner present Be it e1iacted, etc., That the Secretary of the Interior is hereby directed to place AprillO, 1863. Absent sick at hospital until October 31,1863. Present January upon the pension-roll, subject to the limitations and restrictions of the peusion and February, 1864. Nature of sickness not stated. No evidence by the record laws, the name of .Aloured H. Gregory, oi Company G, Fifteenth Regiment, of the injury complained of. Vermont Volunteers. "The discharge for disability shows- • The Committee on Invalid Pensions recommended amendments strik "'Palpitation of the heart and defective lungs, the disability caused by falling .affhis horse near Fredericktown, Mo., while intoxicated, on detached service ing out the name "Aloured," in line 5, and inserting "Alonzo, , -strik ing out '' G,'' in line 6, and inserting '' H, '' and amending the title so :ot~d ~~:!~tot1~(}~~r:r~e!'e~!nfhi~s~~·}.~g done any duty since, a discharge as to read; "A bill granting a pension to Alonzo H . Gregory. " "The assistant and acting surgeon certifies the disability to consist of- .. 'Hypertrophy with dilatation of left side:of heart. The disease. in this case, The report (by Mr. GALLINGER) was read, as follows: has been produced by sexual indulgence and excessive use of intoxicating li The Committee on InYalid Pensions, to whom was referred the bill (H. R quors.' 5311) granting a pension to Aloured H. Gregory, having considered the same "The surgeon who attached the certificate to the discharge for disability, in report as follows : reply to a letter from the Commissioner of Pensions, under aate of November The substantial facts in tbfs case, as gleaned from a mass of papers on file at 21, 1885, says: the Pension Office, are that soldier alleges that on the 7th day of November, "'I have to state that I remember the case very distinctly. I made the exam 1862, at Fairfax Seminary, Va., while at work on a fort, he sustained an injury ination in person. and was thoroughly acquainted with the case. I read the which resulted in rupture of the right side. It appears that a few days after the statement on which the appliefl.tion for discharge was based to the man, and he alleged injury soldier was admitted to the regimental hospital, where he re consented to have the papers forwarded as they read. The application for pen mained nearly two months, but the records are imperfect and do not show for sion is fraudulent and should not be allowed. The excessive venery alluded to what he was treated, and many years afterward the assistant surgeon certifies was in part masturbation.' that be does not think claimant was treated for hernia at the time. "Upon this evidence the Pension Bureau rejected the claim and declined to One comrade, who is certified to as a reliable and truthful witness, says: reconsider its decision, notwithstanding the affidavits filed by the petitioner, as "Said soldier incurred a rupture in the right groin while at work with me follows : and other soldiers building a new fort. The rupture was incurred while soldier "' llenry 1\Iarkwort, on the 27th day of December, 1883, made oath that" he was lifting and pulling to get out some stumps to use in building the fort. I knew clnimant,William Sackman, sr., in the year 1860, and also ever since, and was with said Gregor y at the time, and saw the ruptu re the same d ay. and knew him while he was a member of the above-named organization with affi- k n ow that h e went to t he h ospital for treatmen t." · 2950 CONGRESSIONAL RECORD-HOUSE. APRIL -13, Dr. C. R. Keach swears thnt he knew soldier to be sound at enlistment, and Claimant filed an application for increa'se of pension on March 2J, 1887, de was called to attend him for rupture immediately after he returned from the scribing his disability and claiming increase "on account of his rate now being Army. unjustly low and disproportionate to hls degree of disability." On .M..'ly 4 The claim was rejected on the ground of insufficient testimony. It appears 1887, claimant was examined by the board of medical examiners at Larned' to your committee, however, that it is made out that soldier was sound at en Kans., and said board thus describe his injuries: ' listment and had a hernia at djscharge, whlch is pretty conclusive proof that "The ball seems to have grazed the len temple, and passing downward and he must have incurred the disability while in the Army. backward through the pima at upper margin of tragus and antitragus, and be The bill is therefore reported back favorably, with a recommendation that it neath the concha, entered the mastoid portion of the skull immediately back of do pass, after being amended by substituting the word" Alonzo" for" Aloured '' the car, and, continuing down ward o.nd backward, emerged about three-fourths in the fifth line, and also "Company H" for"Company G" in the sixth line, and of an inch from point of entrance back of ear. The bony structure of meatus by substituting tho word "Alonzo" for the word "Aloured" in the title of the auditorius externus was fractured, and canal almost entirely closed, making bill. it impossible to explore internal ear. Left ear entirely deaf; can not hear the tick of a watch in close contact. Right normal. Claimant's eyes have a weak, The amendments recommended by the committee were U.:,OTeed to. dull, hazy appearance. The bill as amended was laid aside to be reported to the House with "The disability caused by disease of eyes is probably due to injury to optic the recommendation that it do pass. nerve. Claimant is nervous, uneasy,aod restless. Pulse abnormally frequent, quick and irregular. Sees Snellen's 100-foot test type at30 feet; the 50-foot at 15 ELIZA SHREEVE. and the 30-foot at 9 to10 feet distant; both eyes about equally affected; nervous Mr. SHAW, by unanimous consent, called up the bill (H. R. 3735) system oversensitive; claimant easily startled. This condition due to wound. Tongue clean but pale; lungs, liver, stomach, kidneys, and bladder normal. granting a pension to Eliza Shreeve. The disability is equal to the loss of a hand or a foot." The bill was read, as follows: This application for increase was rejected September 5, 1887, berouse of "no Be it enacted, etc., That the Secretary ofthe Interior be, and he is hereby, au increase." thorized and directed to place on the pension-roll, subject to the limitations and The bill under considemtion proposes to increase claimant's pension to $3) pro·visions of the pension laws, the name of Eliza Shreeve, widow of Alfred T. · per montll. Your committee, accepting the report of the board of medical ex aminers, made less than a year ago, to be a true statement of claimant's injm·ies, Shree\e, lata of Company A, Sixth Regiment Maryland Volunteer Infantry. and that his disability is equivalent "to tho loss of a hand or foot," us stated in The report (by :Mr. LYNCII) is as follows: said report, report the bill back with the recommendation that ~do pn.ss. Alfred F. Shreeve enlisted August 11, 1862, in Company A, Sixth Maryland The bill was laid aside to be reported to the House with the recom Volunteers; was discharged May 14,1865, on account of gru1shot wound of left knee-joint, causing amputation of the thigh at its middle, for which disability mendation that it do pass. he was pensioned at the rate of ~4 per month until his death, and died October 24,1883. JOIIN KI:KNEY. His widow, Eliza Shreeve. filed her declaration Janua.ryl9, 188-i, on the ground :Mr. SHIVELY, by unanimous consent, called up the bill (H. R: that soldier, her husband, died from the effects of the gunshot wound and final amputation of leg. The Pension Department rejected her claim, because there 7882) granting a. pension to John Kinney. was no evidence on file as to origin of or treatment for consumption, the fatal The bill was rend, as follows: disease, in service; no medical or other satisfactory evidence showing the ex Be it enacted, etc., That the Secretary of llle Interior be, und he is hereby, au istence of said disease at or soon after date of discharge, and none showing the thorized and directed to place on the pension-roll the name of John Kinney connection between fatal disease and loss of limb, for which said soldier was late private Company M, First Regiment Ohio Heavy Artillery, subject to th~ pensioned. provisions and limitations of the pension laws. · In support of the client's declaration the following evidence is adduced, and there is none on file to the contrary: The report by (Mr. MATSON) is as follows: Dr. Billingslea, a reputable physician ofW estminster, Md., testifies: "I was the attending physician upon Alfred F. Shreeve at the date of his John Kinney was enrolled on the 6th day of July, 1863, in Company 1\I, First death, which occurred October 24, 1883, and he died of consumption, and I be Regiment llea>y Artillery Ohio Volunteers, and was honorably discharged July lieve that the consumption was due to soldier's loss of leg and the sedentary 25.1865. habits thereby enforced." He applied for pension, alleging disability arising from typhoid fever, small Dr. H. M. Wilson, of Baltimore, Md., testifies that- pox, and double ruptm·e while in line of duty as a. member of said company and " The presence of pulmonary phthisis, incited, as I think, by exposure during regiment. The claim was rejected on the ground that there is no record and tho war, and soldier's inability to take proper exe1·cise by reason of the loss of the best attainable evidence fails to establish origin of alleged double ruptru·e in one limb, were the causes of his death. When I was first consulted by soldier line of duty, or to show that claimant incurred typhoid fever and small-pox in I made special inquiry as to his previous history, sickness, wounds, and gen the service, or that be has sufl'ered since his discharge from any result of said eral exposure during his military service. The lung souuds indicated incipient fever or small-pox. phthisis, and its steady development was in no sense a surprise to me. As to The board of medical examiners report that- its origin I reasoned thus: A young man from an exceptionally healthy country, "The general health is good-no debility present. There is o. complete in of good habits, and in robust health, withagoodfamily record, enters the Army, guinal hernia on left side; on right side the inguinal canal is obliti'lrated, and sen·es in the pcuinsula, is fearfully wounded, contracts maln.ria, endures a. long there has evidently been a hernia, but there is none at present, the opening be hospital confinement, and upon a recovery sufficient to enable him to return ing closed. He wears a truEs which retains the hernia perfectly. We find no home commences to cough, and upon physical exploration the initial stage of disability from typhoid fever or small-pox. Tho rating is based solely on hernia consumption is recognized. on left side." '• While the loss of the limb of itself and alone did no~ occasion the lung There is abundant proof that the claimant was free from rupture or hernia trouble, it most certainly did enter as an element into tho circumstances that prior to and at the time of hi:! enlistment. The rupture, as appears from the lighted up the disease, and I thiuk it was the most potent factor in its rapid evidence of several comrades, members of the claimant's company, occuned progress, in o far as it prevented free exercise in tho open air." about as follows: The soldier was sick at tho time the rupture hA.ppcned; was Your committee believe that the result ar-rived at by Dr. Wilson in his analy excused by the doctor from duty, as he was unable to do duty. Capt. Henry I. sis of this case is ent\rely correct, and that the consumption from which the Bly wanted claimnnt to go on guard duty, but he refused to go, and the captain soldier died was the result indirectly of the amputation of his leg. Entertain then ordered him la.sbed to a cannon. lie was lashed down to the cannon with ing this opinion, they think favorably of the bill and recommend its passage. his back down and was kept tied in that position for two and three-quarter hours. All the e>idence shows this to be the fact, except a letter writti'ln by The bill was laid aside to be reported to the House with the recom Captain Bly, in which he denies tbe statement in tolo. '£here is evidence that mendation that it do pass. the captain was an untruthful. vicions, and unreliable man, capable of doing an inhuman act like that lie caused to be inflicted on the soldier. IIOW ARD S. ABBOTT. In the opinion of the committee there is not sufficient evidence to establish Mr. PETERS, by unanimous consent, called up the bill (H. R. 3158) any disability from typhoid fever or small-pox. The only question before the committee, then, is, was the soldier in line of duty when he recei\ed the rupture increasing the pension of HowardS. Abbott. as set forth? He had disobeyed orders in not going on detail as dir cted. Ac The bill \\"as rea.d, as follows: cording to military law he was subject to punishment, but the alleged rupture Be it 1}11acted, etc•• That the pension of HowardS. Abbott, certificate73522, late was not. incun·ed during the interim of disobedience of orders, bnt was incident adjutant oftheSeventy-eighth Ohio Volunteer Infantry, be increased from S17 to the punishment consequent thereupon. The captain's punishment was in to $>0 per month, the same to be in lieu of the pension he is now receiving. human, entirely uncalled-for, and your committee belie\e that any disability incurred by the cl.aimant while undergoing that punishment is a pensionable l\Jr. PETERS. As the report is somewhat lengthy, with the per disability. mission of the committee I will make a brief statement of the case. Your committee believe that the claimant ought to receive a pension accord This soldier was wounded in the head at Champion Hill, and was left ing to rating fo1· rupture, and therefore recommend the passage of the bill. on the field for dead. The last examination by a medical board, which The bill was laid aside to be reported to the House with the recom was in 1887, declared that the disability was equal to the loss of a mendation that it do pass. hand or a foot, and the committee have reported the bill upon that ELIZABETH WARD. basis. The case is a very meritorious one. I ask that the report be printed in the RECORD. Mr. WADE, by unanimom• onsent, called up the bill (H. R. 6582) The report (by Mr. MORRILL) is as follows: granting a pension to Elizabeth Ward. It ·appears from the record in this case that the !Soldier was enrolled on No The bill was read, as follows: vember 1, 1862, and mu tered into the service the same day a.s lieutenant and Be it enacted, etc., That tlle Secretary of t.he Interior be, and he is hereby, au adjutant Seventy-eighth Regiment of Ohio Volunteers to serve for three years, thorized and directed to place on the pension-roll, subject to the provisions and aud was honorably discharged by special order of the War Department from limitations of the pension laws, toe name of Elizabeth 'Yard, wife of Joseph October 14, 1863, en account of wound recei>ed at Champion Hill, .1'.1ississippi, and S. 'Vard, late ::1. private in Company B, Seventy-second Enrolled l\Iissouri has received a pension from date of discharge at the rate of $17 pe1· month. As Militia. jndicating the severity of his wouod your committee copy the report of Colonel Wiles, commanding his reg·iment·, to the Adjutant-General, United States Army: The report (by Mr. WALKER) is as follows: "HEADQUARTERS SEVENTY-EIGHTH 0. v. I., Elizabeth Ward is the widow of J osephS. Ward, late n. private in Company "Vicksbnrg, Miss., Septem,ber 26, 1863. B, Seventy-second Enrolled lilissouri 1\Iilitin. A certificate of the adjutant-gen "Sm: In accordance with G. 0. 100, series of 1862, I have the honor of report eral of the State of Missouri says: i ng the name of First Lieut. and Adjt. Howard S. Abbott, Seventy-eighth Rea "Joseph 'Vn.rd, private Company B, Sc>ent}·-second Enrolled Missoru·i Mili iment Ohio Infantry Volunteers, as having been absent since 1\Iay 16, 1853, o~ tia. was enrolled July 30, 18G2, and served two hundred and twelve days." account of se~vere wound in head, received l\Iay 16, 1863, in engagement at Henry Sullivan, late captain of Forty-sixth Missouri Cavalry, Company K, Champion Hills, 1\.Iississippi. He has been • absent with leave' since June 22, testifies as follows: 1863, per S. 0. 137, Sixteenth Corps Headquarters. There are few hopes of his "I was engaged in a fight with rebel bushwhac:kers nearJn.mesRivcr. in Stone recovery. County, Missouri, November, 1 63, I think the 17th day. Lieut. D. S. Pierce, of "Very respectfully, "G. F. WILES. Comp any B, ~eventy -second Enrolled Missouri Militia, was under my com "Colonel, Commandina Seccnty-eightn 0. V. I. mand at the time. I had a squad of five men. composed of men of the Forty •• Rrig. Gen. L . T HOMA , 1 sixth l'l1issouri Cavalry and Seventy-second Enrolled Missouri Militia. Lieu " .Adjuta.nt-Gen.eral, U.S. .Army." tenant Pierce had a. S Forty-sixth Missouri Cavalry and the Seventy-second Enrolled 1Uissouri.Militia. could walk more than four times the distance without a cane that I can now During the fight Joseph Ward, of the Seventy-second Enrolled .Missouri 1\!ili with one, and in addition could walk then free from pain, whereas my foot now tia., Company B, was instantly killed and his body taken home next day and becomes-tired and sore, and besides my leg and foot are both extremely sensi· buried." tiV"e to the cold, and when thoroughly chilled are almost as powerless as if in a. Dr. Frazier testifies: state of paralysis. Believing that I have a just claim to be retired I have sub "I was practicing medicine in this neighborhood in 1863, and the day after the mitted this statement. I am now hopelessly lame for life, a condition I be battle near James River, in Stone County, 11Iissouri, I was sent for to go and lieve to be due to my sufferings and labors in the service of my country, in attend professionally some of the wounded. After attending to tho wounded I whose behalf I am ready, whenever the necessity may arrive, to lay down my went out where the battle had been fought, and saw two men dead. One was life." Mr. JosephS. Ward, husband of Elizabeth \Vard. He was shot through the A. Sanders Piatt, late brigadier-general of volunteers, testifies ihat he has head. I think his remains we1·e brought home and buried in the nefghborbood. known Benjamin M. Piatt ever since he was seven yeo.rs old and up to the I have known his widow, Elizabeth Ward, and their children since the death time of his enlistment in the Army. Prior to that time he was able to walk 10 of the husband. She still remains a widow, and bas 1-aised a. family of five or 15 miles a. day without difficulty, which he often did on hunting and other children." excursions. He believes the hardships and exposures of active service in th~ Special Order No. 240, issued by Brigadier-General Sanborn, gives substan field have disabled and permanently injured the said Benjamin 1\I. Piatt. tially the same facts related by Dr. Frazier. It is clear from the evidence before llenjaminR. Runkle, brevet colonel, United States Army, testifies to substan the committee that the soldier was in the service of the United States in line of tially the same state of facts, as does also H. C. Borden. Dr. M. H. Harding, duty when he lost his life, and that the relief asked for in the bill ought to be the family physician of tho soldier's father, says he has known Major Piatt for granted. Yonr committee therefore submit a favorable report, and recommend twenty-fi~e years, and although always slightly lame from an early period, he · the passage of the bill. was comparatively active in the discharge of his father's business, and before The bill was laid aside to be reported to the House with the recom the war of 1861 never used or seemed to need the use of a cane in walking. F. W. Egan, colonel Fortieth New York State Volunteers, in concluding his mendation that it do pass. report of the battle of Gettysburgh. says of Major Pintt: MRS. l'tl. ·• Too much can not be said of this brave and gallant officer; always cool under THEODORA PIATT. the most trying circumstances, and by his courage and example he afforded M:r. McCREARY. I ask consent for the consideration of the bill (H. services that were of infinite yalue in restoring order to my command. When 2282) to pension Mrs. Theodora M:. Piatt. his horse was shot under him he still remained in the van, always by my side, R. greatly distinguishing himself by noble conduct." The bill was read, as follows: There are a large number of letters from Army officers, generals, colonels, etc., Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au all showing that the soldier was an ex~eptionally brave and efficient officer. thorized and directed to place on the pension-roll, subject to the provisions and The following is an extract from official Army Register for January, 1885: limitations of the pension laws, the name of Theodora 1'11. Piatt, widow of Ben "Retired from active service, Piatt, Benjamin M., 2d July, 1867. Bvt. Capt. jamin M. Piatt, lat-e a captain and assistant adjutant-general of United States July 2, 1867, Disability in line of duty (act August 3, 1861)." volunteers. Miss Bell F. Hopkins testifies as followe: "I have resided in the family of the lat-e Maj. Benjamin M. Piatt for the last Mr. PERKINS. The report in this case :is long. Perhaps the gen ten years or more. He was during all that tlme an exemplary husband and tleman from Kentucky [1\Ir. McCREARY] can make an explanation father, with a heart full of kindly impulses for everybody. He lived one of the which will avoid the necessity for rE!L'Uling the report. purest lives, his habits being without the least irregularity and remote as could be from intemperance in eV"ery form. His right leg from hip to foot was perish :Mr. McCREARY. I ask that the first paragraph of the report be ing away, weakening this limb to such a degree that it was very difficult for him read, and that the whole report be printed in t'he RECORD. to get about upon U. He could walk but a short distance, say five or six squares, _ without becoming so fatigued as lo be obliged to take a. car or othe1· vehicle. The report (by Ur. HUNTER), a part of which was read, is as follows: The limb was V"ery sensitive, and at times quite painful, and was the source of Benjamin M. Piatt, husband of Theodora 1\I. Piatt, enlisted in the late war in much annoyance to him, frequently disturbing his usually amiable temper and 1861 as a volunteer, and was appointed assistant adjutant-general with rank of causing some irritability of speech and mind. captain in the volunteer army on the 16th of 1\Iay, 1862 i..promoted brevet major ''In the latter part of the year 1884, iir passing down one of the stairs at the and major March 2, 1865, and honorably mustered Ollt .November 22, 1865. En Gibson House, Cincinnati, he tripped and fell to the bottom, a. distance of several tered the regular Army as second lieutenant in the Forty-fourth United States feet, striking his forehead, over one of his eyes, on the marble tloor. He re ]t.fantry Veteran Reserve Corps, because notable toacceptappointmentoffirst mained unconscious from about 7 p. m. of that day until the next morning. The l!eutenant in the Tweaty-fifth Regiment (active); promoted July 2, 1867, first fall was a heavy one as the major weighed over 220 pounds, and the forehead, lieutenant by brevet" for gallant and meritorious services in the battle of Chan face, and eye were 1olack. From the effects of the fall he never entirely re cellorsville," and to captain by brevet'' for gallant and meritorious services in covered. The side of his face on which he fell was withering away as a. result the battle ofGettysburgh" Major Piatt seems to have been a great sufferer from of the fall, and he showed evident signs of softening of the brain. In my opin a lame leg and general ill-heaHh, and was a great sufferer after he was retired, ion, the fall, which was due to the enfeebled and sensitive limb, striking as he and finally his mind gave way and in a moment of mental aberration he com did upon his head, did more to cause the condition of mind which resulted in mitted suicide on the 17th day of April, 18S5,leaving a. large and helpless family. his death than any or all other causes or agencies. After this fall, and up to the The Cincinnati Commercial Gazette contained the following in regard to h1s time of his death, he complained of being dizzy and light-headed." death: The affidavits of a large number of his neighbors who knew him long and "Coroner Garrick yesterday returned the following verdict: well are to the effect that the major was a man of the highest order of morals, " ·Benjamin M. Piatt came to his death from a pi tol-bullet through the brain, that his conduct wa.s exemplary and strictly temperate, and that he was an fired from a pistol in his own hand, with suicidal intent, while laboring under ardent advocate of temperft.nce. a fit of temporary insanity, caused by morbid sensitiveness of wasted opportu He was on the retired-list and had not applied for a pension at the time of his nities, and constantly brooding over imaginary troubles and financial difficul death, and no application to the Pension Office has since been made by his ties." widow, as, owing to the manner of his death, she had no hope that an applica In his application for retirement we glean the following facts in regard to his tion would be favorably acted upon, and she therefore appeals directly to Con disability. He says: gress for the relief she thinks she is justly er.titled to. · "I have had from my birth a. slight lameness in my leg and foot. This lame After o. careful consideration of the case, the committee are of the opinion that ness never materially disqualified me for active exercise ofalmost every sort, and the death of the major may reasonably be considered to have been the result until after a long, severe, and extremely,debilitating sickness in 1862, my ankle of the injuries to his limb received while serving in the Army, and in line of joint never had the weakness it now }J.as. Upon entering the volunteer army duty. In view of the long and valuable services the deceased soldier rendered I was able to walk 10 or 15 miles a. day without the use or necessity of a cane or the Government in its hour of need, the fact that he was retired for disabilities any sort of assi tance, and I believe I -could do the same to-day but for the ef incurred in the Army, the needy condition of his family, and all the incidents fects of what I haV"e suffered in the service. I walked at fourteen months old, leading up to the bagic end of the distinguished soldier, the committee are of and was employed in my father's business (farming) as long as I 1·emained at the opinion that the relief asked for in the bill ought to be granted. home. 'Ve therefore submit a favorable report and recommend the passage of the "In the month of July, 1862. at Winchester, Va., I was prostrated by a violent bill. atta<'k of fever, accompanied by severe rheumatism, and was ill from that time until the latter part of August, when, believing myself able to return to duty, The bill was laid aside to be reported to the House with the recom and being very anxious to join my brigade commander at Bull Run, I left Alex mendation that it do pass. andria, Va., with a. regiment of infantry and a battery of artillery that were under orders to report to General A. S. Piatt, then commanding a brigade in General PETER CLARK, JR. Sturgis's division. I went with these troops, I think, on the 1st of September, notwithstand in$t my great weakness and debility, as far as Fairfax Court House, :Mr. l\IORRILL. I desire to call up the bill (H. R. 6971) to pension where we met the Army. We remained near Fairfax that night, and I was for Peter Clark, jr. many hours exposed to terrible storm of rain that fell that night. The next morning I was very ill, but did not stop until I found General Piatt and reported The bill waa read, as follows: to him the troops I was conducting. We then went to Fort Corcoran, or near Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au it, and from there, after several days of severe illness and pain, I was sent away thorized and directed to place upon the pension-roll the name of Peter Clark, on sick leave on account of the relapse caused by the exposure to which I had jr., of Atchison. Kans., late of Company H, Second Illinois Light Artillery, sub been subjected in my weak condition. ject to the provisions of the general pension laws. •·r was absent nearly a month and returned again to duty, but\vasstill weak, and sutl'ered much pain in my ankle and leg, and, in fact, in all of my limbs and U.r. MORRILL. I ask that the reading of the report in this case be body, but being a. mounted officer I was able to perform the usual routine of duty dispensed with, and that it be printed in the RECORD. pertaining t~ my position. There being no objection, it was ordered accordingly. "At the battle of Gettysburgh my horse was shot under me, and I was consid erably bruised by the fall, besides which I received several other slight injuries The r~rt (by 1\Ir. :MORRILL) is as follows: during the battle that I believe still affect me in the use of my foot. I renmined Peter Clark, jr., was mustered into the service as a. private on the 31st day of on duty on the field, except as herein mentioned, througbl862, 1863, up to about December, 1861, at Springfield, Ill., in Company H, Second Regiment of Illinois the lRt of !\lay, 1864, taking part during my field service in ten battles, of which Light Artillery Volunteers. On themuster-rollofCompany H of that regiment the following is a list: 1'11anassas Gap, Fredericksburgh, Chancellorsville, Bev for the months of July and August, 1862, he is reported, "corporal, sick in post erly Ford. Gettysburgh, Wapping Heights, Auburn, Kelly's Ford, Locust Grove, hospital, Columbus, Ky." Return of said company for 1\!Arch, 1863, reports I and Mine Run. him "absent sick since August 25, 1862; was left by the company in hospital at "In the spring of 1881 I was relieved from duty in the Army of the Potomac Columbus, Ky." He was honorably discharged September 18., 1862, at Columbus, and assigned to duty on staff of General Rosecrans, Department of Missouri. Ky., "by reason of general disability resulting from camp fever," as appears Having disposed of my horses before leaving the field, I had a. good deal of walk from the discharge papers on file. ing to do after going to St. Louis, and instead of being able to walk as I had In his declaration for pension, filed February 4, 1873, he alleges that while at done before the war, I found the tendons of my leg and foot much contracted, Columbus, Ky., in July, 1862, be was ruptured while assisting in removing ar and that I could not walk any considerable distance without both ~in and fa tillery for two or three weeks, at which time he became very tired and stupid tigue, nlmost the entire weight being thrown forward and to one s1de upon the and unable to do duty, and wo.ssenttothe hospital last of July, 1862. The claim ball of the little toe, !)a using the foot to give way under me at every step, just was rejected August 25,1887, on the ground, as stated, "of no J;.ecord in the War as i~ doe~ now. or nearly so. The contracting of the tendons and muscles is I Department of alleged hernia., and of the declared inability of the soldier t~ fur think at least an inch. nish the necessary evidence to establish the origin of hernia. in the service and "The leg has diminished considerably in circumference, and I can scarcely line of duty." ~timate the loss of strength or power; certainly it has not one-fourth the ac· There is abundant proof that the soldier was a sound1 healthy man, entirely tion and strength it had when I ente.red the volunteer Army, as at that time I free from hernia when he entered t.he service, and there IS no evidence whatever 2952 CONGRESSIONAL RECORD-HOUSE. APRIL 13, to the contrary; therefore it mny be assumed as a fact that if bernia exists, as .James D. Foster, examining surgeon, says: is alleged, it must llave occurred during the soldier's services in the Army or "In my opinion the said applicant is total first grade incapacitated for ob after his discharge. taining: his subsistenc~ ~Y mauuallabor fro.m the cause above stated. .Judging Dr. Westfall, the soldier's father's family physician, testifies that he did not from J;lls ~res~~t COJ:?-dthon and from. tJ;le ev1?ence befo~e me it is my belief that examine or treat him after his return from the Army, that he can recollect. the s~:ud disability dtd reasonably or1gmate m the serVIce aforesaid in the line Not long after he returned from the service he says he was compelled to wear a. of duty, and that the disability is permanent." ' · truss, but can not say just how long it was. The surgeon further adds: Dugald Clark, brother of tho soldier, testifies that he learned tbn.t his brother "This man:, JaJ?eS 1\I. 1\IcKeehan, ~ totally blind. His pup ill' are dilated; be was completely prost1·ated and confined in a hospital' at Columbus, Ky. He bas .amaurosiS, wtlh a perfect de truct10n of the nervous structure of the retina. went at once to hisnssist::mce, and on his arrival there found him very sick and He IS totally and eternally blind, and should always have an attendant to keep unable to travel. He continues: "He {the affiant) waited about three weeks for him out of danger." the said invalid to gain sufficientstrenglh to be carried home, and at the end of All the evidence goes to show that the soldier had weak eyes, but that the the time, three weeks, he (the affiant) started with the said Peter Clark, jr., and se,·ere cold, the result of.exposure while in the Army and in line of duty hast with great care and d ifficulty succeeded in getting him home." The affiant ened, if it was not the direct cause of producing, total blindness. He ~as n. further declares that his brother was a mere skeleton and a complete physiCRl go?d and _faithful soldi~r so long !iS he remained in the Army. And while the wreck, and upon his arrival home and upon becoming better acquainted with ev1dence 1s not conclusive that blindness was the result of exposure in line of the nature of his sickness in detail, he discovered that the claimant was badly dut.y, the ?Ommittee are inclined to give him the benefit of the doubt, and there ruptured, and he saw him at various times attempt to replace the protuberance. fore submit a favorable report and recommend the passage of the bill. He further declares that up to the present time he has not recovered and is grow ing worse. His knowledge is derived from the fact that his relations were of The bill was laid aside to be reported to the House with the recom 'the closest kind, acting o.s a nurse and caring for him. mendation that it do pass. Andrew Steubeck,late captn.in of Company H, Second Illinois Light Artillery, testifies "that he is very well acquainted with Peter Clark, who was a member WILLIAM H. HESTER. of the same company; that said Peter Clark assisted in hauling artillery up the bluff at Columbus, Ky., on or about the lOth or 15t-h days of July, 1862. The Mr. PERKINS. I ask for the present consideration of the bill (H. weather was very warm, the men were very much fatigued, and the said Peter R. 8164) granting n. pension to William H. Hester. Clark contracted diarrhea and feyer, and was sent to post hospital at Colum The bill was read, as follows: bus. lie also claimed to have been ruptured at tbe same time. This affiant further declares that said Peter Clark was an excellent soldier, and always ready Be. it enacted, ~lc., That the Secretary of the.Interior be,,and he is hereby, au for duty." thon~ed. an.d directed to place on the penswn-roll, subJect to the provisions William Geer testifies as fullows: "That he is well acquainted with the claim and lmutatwns of the pensiOn laws, the name of William H. Hester, late of ant, and was a member of the same company and t·egiment in the war of 186t; Company 1\I, Nineteenth Kansas Cavalry. that in the spring of 1862, at Columbus, Ky., while prying up out of the mud the cannons that the rebels had dismounted, the claimant had hold of a. skid :Mr. PERKINS. The report in this case is very long, and with the which slipped and went down, und the claimant was injured in l'ome way by permission of the House I will make a brief statement, which I think the fall, aud was sent to the hospital and remained there until discharged will obviate the necessity for reading the report. from the set·vice. Affiant states that he was present when claimant received said injury, but he can not now remember the exact manner in which it was This man is totally blind. He has a wife, and I believe three chil received, nor the exact chnra.cter of the injury, but that he has personal knowl dren. He is an object of charity-is maintained by the Grand Army edge of the fact as above stated." post of the village where he resides. He enlisted three times as a sol The said William Geer, in reply to a letter of inquiry from Commissioner Tilack, says: "The surgeon, Dr. Ransom, who treated Peter Clark's injuries, is dier-first as a boy of seventeen. He was wounded and taken prisoner dead." at Richmond, Ky., and was subsequently discharged from the service Alexander Jones and Isidor Walter, both members of Company H, Second upon a writ of habeas corpus, granted on his father's application. He Illinois Light Artillery, testify that they are well acquainted with Peter Clark, jr., who was a. member of said company and regiment; that while at Columbus, afterward re-enlisted. After the war he removed to Kansas, and during Ky., they, with the said Clark, wereemployedatColurnbus, Ky., for over three the Indian outbreak there in 1868 he joined the Kansas organization weeks removing artillery, some time in the latter part of July, 1862j_ that said raised for the purpose of fighting the Indians. While engaged in that Clark was rendered unable to do military duty and sent to hospital at volumbus, Ky.; that they have no knowledge of the particular disease, but from the case service he oontracted a very severe cold, which settled in his eyes, anW. as it has since developed itself have no doubt but what the said Clark was rupt be became totally blind. ured removing said artillery. He employed some pension agents at Eureka Springs, Ark., to prose Henry n. Ross makes affidavit that he was acquainted with the said Peter Clark, and that he examined him a few days after his return home from the cute his application for pension. It seems from the developments that hospital, or about the last part of the month of Sep~ember, 1862, and found him they secured some forged affidavits to establish the claim, which, be suffering from hernia and sold him a truss, and also told him that would be all cause of this fraud, was rejected at the Pension Office. But the evi thnt could be done in the way of help, and thought the truss might help and perhaps cure it. dence clearly shows that the claimant was not a party to the fraud. I James Clark testifies that he" saw him after coming home from the Army, ask that the report be printed without being read. and he was nothing but a skeleton, and was also told that he was ruptured." The report (by Ur. FINLEY) is as follows: Edgar L. Phillips, George \V. Foot, and LeeS. Lambert, examining surgeons, say: "We find a large inguinal hernia of left side, di~bility one-half of total, or William H. Heister (not Heisler) first enlist-ed in the Union Army under tb.e i4 per month." name of William Hester on August 10,1862, for three years, in Company C, Sixty The committee, having carefully examined all the papers o~ file in this case, ninth Indiana Volunteers, when, from the evidence in the case bearing upon believe that the relief asked for in this bill ought to be granted. We at·e of the his age, he was sevent&en years old. opinion that the soldier has established the fact beyond a reasonable doubt that A report from the office of the Assistant Adjutant-General, under date of Feb the hernia for which he asked to be pensioned was contracted in the Army ruary 13, 1884, shows that he was on the muster-rolls to October 31, 1862; was while in line of duty, and so believing we submit a. favorable report and recom wotmded in battle near Richmond, Ky., August 30,1862, at which place and date, mend the passage of t.he bill. as shown by sa.id report, his company was in action. On September 2, l 862, same report shows him home on furlough, having been paroled. Rolls for November The bill was laid aside to be reported to the House with the recom and December, 1862, show him to have been discharged by writofha}1eas corpus mendation that it do pass. November 20, 1862, at Indianapolis, Ind. 1 Prisoner-of-war records show him paroled at Richmond, Ky., 1862; date of JAMES M. M KEEHAN. capture not given. From an examination of claimant held by Special Examiner l\Ir. FINLEY. I ask consent for the consideration of the bill (H. R. M. H. Parks, at Eureka Springs, Ark., December 18, 1882, it appears from his G5iG) .M. evidence that claimant enlisted in the Sixty-ninth Indiana Volunteers some for the relief of James McKuhan. time in August or September, 1862; was wounded and taken prisoner at Rich The bill was read, as follows: mond, Ky., and having enlisted under age, his father instituted habeas corpus Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au proceedings, which resulted in his discharge. thorized and directed to place on the pension-rol!J... subjectto all the limitations He enlisted on March 25, 1864, in Company H, One hundredth Indiana Volun nnd provisions of the pension laws of the United ::;tates, the name of James l\1, teers, as appears from the report of the Assistant Adjutant-General of date McKuhan, late private in Company G, Seventh Kentucky Volunteer Infantry. AprillO, 1~. which report represents him present as to.May and June, 1864, arne report as to April30, 186S (the last roll on file). He was transferred {date Mr. FINLEY. The name in this bill is incorrectly printed, and not given) to CornpanyG, Forty-eighthindianaVolunteers,and was discharged should be" McKeehan" instead of''McKuhan." I move that amend with his compa 1?-Y July 25,1865. ment in the body of the bill and the title. On October 30,1868, at Topeka, Kans., he enlisted in Company M, Nineteenth Kansas Cavalry, to serve for six months. The same report fl'om the Assistant The amendment was agreed to. Adjutant-General last above named shows him present October 31,1868; name Mr. FINLEY. I know personally this applicant for n. pension, and not borne on returns for December, 1868, or January, 1869; mustered out with I know the history of his case. His application was rejected at the company April18, 1869, at Fort Hays, Kansas, as a private. · On August 29, 1881, claimant filed Lis application for a pension, a.lleging that Pension Office upon tbegronnd that he had defective eyes when he en at Fort Dodge, Kans., on January 1. 1869, he contracted sore eyes, from which tered the service. The proofabundantly shows that he was near-sighted he never recovered, and which continued to grow worse, causing total blind· when he enlisted, but his eyes had no other defect. After entering the ne s. On February 7,1882, he was examined by the medical examining board in this city (Washington), who, to quote the exact language, reported him 6ervice he took a severe cold, and in consequence of the sic~ss which "practically totally blind," and that he required the constant aid and assist followed he became totally blind. He is dependent upon charity for ance of another person. support. I hope the reading of the report will not be insisted upon, In an affidavit filed July 14,1882, claimant alleges that on the 15th day of Jan uary, 1869, while in the service and line of duty and while on guard at night but that it may be printed in the RECORD. (gum·ding the horses) at Fort. DodgetKans., there prevailed a very strong bleak The report (by Mr. HUNTER) is as follows: wind, which carried with it dust ana sand; that he took a severe cold, and the James M.l\IcKeehan was enrolled on the 20th day of August, 1861, in Company next morning his eyes were badly inflamed ; that it was nearly a month before... G, of the Se,·enth Regiment of Kentucky Volunteers. In his original applica he was able to perform any duty again, and then only on company guard fol' tion the soldier states that while in the service and in line of duty at the ford of two hours, but was never thereafter able to go on picket or regimental guard ; Cumberland, in the State of Kentucky, in March, 1862, he, from exposure inci that his eyes continued to grow worse from that date; that the captain of the dent to the service, contracted severe cold which settled in the eyes, affecting company frequently requested affiant to go to the hospital, but he preferred to them to such an extent as to cause the total loss of sight. Affiant being totally and was permitted to remain with his company, but was relieved from duty; blind is therefore rendered helpless and unable to pecform the duties required and that at the expiration of his service he was discharged with the company. by the only business he is at all acquainted with, and must depend upon the From the claimant's evidence, which is satisfactorily corroborated, he became charities of oth81"S for support. blind in the fall of 1880. His application for pension was rejected by the Department on the ground The claimant employed one H. F. Hill, of Eureka. Springs, Ark., as his agent that the disease of the eyes had probably existed before enlistment. Onspecial to prepare his original application and prosecute his claim; another agent at examination several of his neighbors testified that they had known him before same place named Charles H. Miller, also one William F. Burch, a brother-in and since the war, that he wa.s "near-sighted," but that was all the disease of law of the claimant, became interested iu the prosecution of the claim. the eyes they bad any knowledge of. The whole three were a set of scoundrels, and in 1882 Hill and l\Iiller were 1888. CONGRESSIONAL RECORD-HOUSEo 2953 both in the penit~ntiary, having been convicted by the United States district as he could determine, "valvular disease of the heart." He also learned that court 1\t Fort Smith, A..rk., for fraudulent practices in connection with certain soldier had been wounded in the leg, which wound had produced a fra~ure pension cases. It does not clearly appear that Burch, who in 1882 was a fugitive that had troubled him more or less ever since; that for about eight years he had from justice, was operating with Hill and ".rlliller generally, but he took a hand not been able lo do any work; that he had spent considerable time in the hos with them in efforts to supply certain affidavits deemed by them essential to pital, and also nearly one year in the Soldiers' Home in Milwaukee, Wis. success, and among them, by joint action as it seems, the affidavits of the cap He also had open, running sores on his leg, which he so.id had discllarged tain of the company. in which claimant last served (who was at the time dead) continuously since his hurt. The doctor says that he saw him again on Su nda.y, and those of two comrades were forged and filed in the cause. In the course February 25, that he was unable to lie down, and died February 27, 1883. The of the progress of the claim suspicion was aroused at the Pension Office that doct<>r adds: fraud was being attempted, and the case was referred to special examiners in "All I know further is hearsay; still I think from all the information that I the field, who were directed to make thorough examination, which was done, can get that his death was caused indirectly by the wound of his leg, which had and the frauds clearly sllown. nearly unfitted him for business for the last years of his life." From a careful consideration of all the evidence your committee are confident The widow supports herself and children by washing and scrubbing. that the claimant "Was not a party to the frauds of Hill, Miller, and Burch. The A.. liberal construction of the testimony warrants the conclusion that the sol claimant at the time was totally blind and in verydependentcircumstances, with dier died from the wounds received in action, and the committee the1·efore rec a. wife and three children to be supported by friends and charity. Miller (acting, ommend that the bill do pass. no doubthfor himself and Hill) procured of claimant a promise t-o pay him one third oft e amount of pension recovered, and then proceeded to do the busi The bill was laid aside to be reported to the Honse with the recom ness according to methods then in practice by him. That these men kept their mendation that it do pass. villainous schemes to themselves, and did not acquaint claimant with them, is evident from a number of points in the evidence, to recite all of which would GEORGE P. STONE. require mucll time and space. Mr. CHIPMAN. I ask unanimous consent to take up for present 'l'hey procured of claimant the names and last known addresses of the cap consideration the bill (H. R. 6453) granting n. pension to George P. tain of the company and two comrades, proceeded to draught the necessary affidavits, not disclosing the post-office addresses of the respective witnesses, Stone. and, after a. time. informed claimant that they had procured them, and handed The bill was read, as follows: them to him, and he turned them over to Miller, who finally brought claimant Be it enacted, elc., That the Secretary of the Interior be, and he is hereby, au to Washington to have the business completed by an examination, etc. Lat~r. thorized and directed to place on the pension-roll, subject to the provisions and upon • 2954 CONGRESSIONAL RECORD-HOUSE. APRIL 13, limitations of the pension laws, the name of Georgia. A. Stricklett, widow of A bill (H. R. 4.579) granting a pension to 1\Iary J . Crocker; P. 1\1. Stricklett, lato second lieutenant in Company A, Forty-fifth Kentucky 1\Io u n ted Infan try Volunteers, in the war of 1861. A bill (H. R. 4580) granting a pension to Farnaren Ball; A bill (H. R. 4491) granting a pension to Ro~anna Robey; Thereport {by Mr. HUNTER) was read, as follows· A bill!H. R. 3554) granting a pension to Catharine Black; Pleasant 1\I. Stricklett was second lieutenant Company A,Forty-fifth Kentucky A bill H . R. 690) granting a pension to Ilenry H. Stuttsman; Infantry. Oapt. Joseph ·w. Cottingham, captAin of said company, testifies that while in the recruiting service in Lewis County, Kentucky, in company with A bill ll. R. 7913) grn.nting a pension to Nellie Palfrey Goodwin; said Lieutenant Stricklett, the latter was shot by a bushwhacker and very badly A bill (H. R. 3735) granting a pension to EUza Shree\e; wounded witb buckshot July 23, 1863. The said Cottingham was at the time A bill (II. R. 3158) increasing the pension to llorrard S. Abbott; riding- beside said Strick.lettand was also wounded badly by the same discharge. The said Strick.lett was so disabled as to do little duty with his company during A bill (H. R. 788'2) granting a pension to John Kinney; the rcmainder of 1863. He was immediately removed to his father's house in A bill (H. R. 6582) granting: a pension to EUzabeth Ward; Clar1·sburgb, where he remained during his entire convalescence, treated by Drs, A bill (H. R. 2282) to pension 11Irs. Theodom M. Piatt; Barber, Taylor, and Jones. He did not return to his command during all of this period, and was not treated by the regimental surgeon. A bill {H. R. 6971) to pension Peter Clark, jr.; After his recovery said Stricklett joined his company and served out his time A bill (H. R. 8164) granting a. pension to William H. Hester; and was honorably discharged. The said Cottingham applied for and received A bill (H. R. 2071) for the relief of f:lrtha. Gray; a pen ion for wounds received at the same time Strieklett was wounded. Stricklett did not apply for a pension. A bill (H. R. 6453) grunting a pension to George P . Stone; and D;·. L.A. Grimes testifies: A bill (H. R. 7715) tor the reUef of Georgia A. Stricklett. "That for twenty-one years he has been n regular practicing physician in Billsofthefollowingtitles, reported from the Committee of the Whole Concord, Lewis County, Kentucky; that he was for some time prior and at the time of said LieutenantStricklett's death his regular family physician, and was with amendments, -were severally considered, the amendments concurred prcscntwhcn thesa.idStricklettdied,July 21,1873. The affiant, Grimes, made an in, and the bills as amended or-dered to be engrossed for a third read examination of the body after death, and to the best of his kno wledge the same ing; and being engrossed, were accordingly read the third time, and was cau ed partially by epilepsy; that be had frequently expressed the opinion to said Strick lett and family that epilepsy would be the cause of his death, and passed, namely: adnsed him to nrrange his worldly afl'n.irs. being of the opinion that Stricklett A bill {H. R. 5545) granting a pension to Nancy F . .Jennings; would not live long. The epilepsy was caused from said wound about the face A bill (H. R. 2094) to increase the pension of Alonzo E . Chatfield; and head received dm·ing his service during the war." That is, from the wounds inflicted July 23, 1863, as detailed by Capt. .Joseph A bill (H. R. 401) granting a pension to 1\frs. Jeannie Stone; ·w. Cottingham. A bill (H. R. 5195) granting a pen ion to David W. Seely; Dr. C. Honaker testifies tlmt- A bill (H. R. 3844) granting an increase of pension to Wilson C. "He is a.t·egular practicing physician; age, fifty-three fwhen testimony was given, January Z7, 1835]. Has practiced medicine twenty-five years. Knew said Moles; P . 1\I. Strick lett prior to, during, and since the war. In 1868 said Stricklett ap A bill (H. R. 5966) granting a pension toUrs. Lepha A. Osborn; plied to said llonaker for treatment. His disabiliLy was the development of A bill (H. R. 335) granting a pension to General W. E. Woodruff; and confirmed epilepsy, which resisted all and any treatment affiant could give him, which grew worse day by day, month after month, until his mind was weak A bill (H. R. 2664) for the relief of Francis Daniels. ened and be was fast giving way mentally and physically, and had he lived to The bills {H. R. 5311) granting a pension to Alonzo H . Gregory and die a natural death he certainly would have died an insane epileptic, for be was (H. R. 6576) fo.r the relief of Thoma.~ 1\1. McKeehnu were ~verally a. mE'ntal and physicnl wreck at the time of his death." Tlte said Honaker gh·es as "his deliberate judgment the opinion that the considered, the amendments concurred in, and the hills as amended or epilE'psy was due to one of the buckshot received, M described by Captain Cot dered to be engrossed for a third ren.ding; and being engrossed, were tm:..,ham, and that said epilepsy was inevitably fatal in the end, as he would accordingly read the third time, and pa. e • 1888. CONGRESSIONAL RECORD-HOUSE. 2955 By Mr. CARUTH: A bill (H. R. 9358) to increase the pension of By Mr. CANNON: Petition of Otto ·weiss a.nd others, of Charleston, Rosalie O'Snllivan-to the Committee on Pensions. Ill., for the protection of the Yellowst{}ne Pu.rk-to the Committee on By 1\ir. CHEADLE: A bill (H. R. !:>359) granting a pension to Mar the Territories. garet T. Johnson-to the Committee on Invalid Pensions. By 1\Ir. CARUTH: Papers in the pension claim of Rosalie O'Snlli By Mr. FISHER: A bill {H. R. 9360) for thereliefofSamhSpanld van-to the Committee on Pensions. ing-to the Committee on the Public Lands. By l\Ir. CONGER: Paper to accompany House bill152, for 1·clief of By Mr. HEARD: A bill (H. R. 9361) granting a pension to Nancy of Mrs. Theres..1. Gurlich-to the Committee on Invalid Pensions. Hughes-to the Committee on Inv1>.lid Pensions. By Mr. CUTCHEON: Petition of citizens of Antrim County, Mich By Mr. HOWARD: A bill (H. R. 93G2) restoring the nameofDavid igan, in favor of better protection of the Yellowstone Park-to the Brigg:'! to the pension-roll-to the Committee on Inv:ilid Pensions. Committee on the Territories. By Mr. McKINNEY: A bill (H. R. 9363) grunting a. pension to Ed Also, memorial of the Board of Trade of Detroit, 1\Iicll., in regard win J. Godfrev-to the Committee on Invalid Pensions. to Canadian railroads as channels of interstate commerce-to theCom By :Mr. MOhRILL: A bill (H. R. 9364) granting a pension to John mittee on Commerce. Bush-to the Committee on Pensions. By 1\Ir. DALZELL: Petition of citizens of Pennsylmnia for repeal By Mr. RANDALL: A bill (H. R. 9365) granting a pension to Sarah of the internal-revenue law classing druggists a<> -liquor dealers, etc. Hay.;;-to the Committee on Invalid Pensions. to the Committee on Ways and Means. B.v l\Ir. C. A. RUSSELL: A bill (H. R 9366) granting a. pension t{} By Mr. R. H. M. DAVIDSON: Petition of citizens of Pensacola, Andrew J. Lepard-to the Committee on Invalid Pensions. Fla., against the passage of the Dutterworth and D:lwcs lard bills-to Also, a. bill {H. R. 93G7) to r..:move the charge of desertion against the Committee on Agriculture. James H. Gay-to the Committee on l\Iilitnry Affairs. By Mr. DIBBLE (by request) : Petition of the Woman's Clll'istian By Mr. J. E. RUSSELL: A bill (H. R. 9368) for the relief of George Temperance Union of Sonth Carolina, for the repeal of the internal- K. Olis-t<> the Committee on the Post-Office uud Post-Roads. revenue tax on all alcoholic liquors-to the Select Committee on the By Mr. SENEY: A bill (H. R. 9369) to increase the pens' on of Alcoholic Liquor Traffic. · 1\licl.:mel Kopf-to the CommHtee on Invalid Pensions. By Mr. DORSEY: Petition of citizens of Nebraska, for the organi By Mr. SEYMOUR (by request): A bill (H. R. 9370) grantinga.pen zation of Oklahoma-to the Committee on the Territories. sion toUrs. Susan Bates-to the Committee on Invalid Pensions. By Mr. ERMENTROUT: Memor:L.1.J of the merchant tailors of Phila Also, a bill (H. R. !:>371) granting a pension to Betsey Williams-to delphia, in reference to unjust discrimination in duty on woole~s-to the Committee on Invalid Pensions. the Committee'ou Ways and Means, By Ur. SPINOLA: A. bill (H. R. 9.37Z) granting a pen ion to John Dy 1\fr. FISHER: Petition of G. Rutsonand 32 others, and of George Dean-to tlle Committee on In>alid Pensions. F. Buchanan and 23 others, for increase of pay of keepers and surfmen Ry Ur. VANDEVER: A bill (II. R. 9373) for the relief of the First of the Life-Saving Service-to the Committee on CommeTce. Nati nal Bank of Los Angeles, Cal.-to the Committee on Claims. Also, petition of 72 soldiers and sailors, and 167 citizens of Ogemaw By Mr. WADE: A bill (H. R 9374) granting a. pen ion to William County, Michigan, indorsing House bill5662 and Senate billl537-to Hurse-to the Committee on InYn.lid Pensions. the Committee on Invalid Pensions. Al~o, a. bill {H. R. 9375) granting a pension to George Solomon-to By .Mr. FORD: Remonstrance of E. A. Dopper and many others, the Committee on InTalid Pensions. .- against the passage of House bill 7901-to the Committee on the Pub Also, a bill (H. H. 9376) gr.mting a pension ro James Wise-to the lic Lands. Committee on Invalid Pensions. By :Mr. FUNSTON: Petition of citizens of Kansas City, Rnns., for I the pnssage of the tonnage bill-to the Committee on .Merchant Ma I PETITIOXS, ETC. rine and Fisheries. ~ T11e following petiti/ns and papers v>ere laid on the Clerk's desk, By Mr. GEA.R: Resolutions of the General Assembly of Iowa, for an under the rule, and referred ns follows: "f.- -1' (J-. ~ amendment to the Constitution forbidding non-l'esident aliens to own By Mr. A. R ANDEHSO~: Petition of .James Valentine and 14 land in the United States-to the Committee on the Judiciary. othet·s of Mnrmy, Iown, asking that salt be placed on the free-list-ro Also, petition of W. H. Carpenter and 32 other citizens, prnying that the Committee on Ways nmll\Ieaus. workmen on Government contracts shall be paid once in two weeks By 1\Ir. C. L. ANDE.RSOX: Petition of W. W. George and 434 others, to the Committee on Labor. citizens of East Mississippi, fur the holding of terms of the Uruted .Also, petition· of S. S. Daniels, of Tipton, Iowa, for relief-to the States courts at Meridian, Miss.-to the Committee on the Judiciary. Committee on the Post-Office and Post-Hoads. By :Mr. BACON (by request): Petition of James I. Demarest, father By Mr. GIFFORD: Petition of 0. W. Sheldon and 38 others. of of Henry W. W. Demure t, late p1ivate Co!!lpany F, Thirteenth Regi Brown County, Dakota, that the pl'esent tariff on flax and fia...'C pl:od ment New York Cavalry, :for n. special-act pension-to the Committee ucts be retained-to the Committee on Wnys and 1\Iean~. on Invalid Pensions. Also, petition of Mrs. Anna Aldrich, of Plankinton, Dak., for there Also, petition of 173 citizens ngaiust reduction of duty on green and peal of the internal-revenue tax on alcoholic liquors-to the Commit colored gla')S bottles-to the Committee on Ways and Means. tee on Ways and Means. By l\Ir. C. S. BAKER: Petition of-Joseph O'Connor and other citi By Ir. GRANGER (by request): Petition of J. A. Lockwood and zens of Roehester, N. Y., in favor of Senate bill283-to the Committee others, for an appropriation for the improvement of Cos Cob and Mianus on the Public Lands. . Harbor, Connecticut-to the Committee on Rivers and Harbors. By Mr. ll.A YNE: Petition of Adolph Schmidt and others, druggists, Also, petition of F. A. Perkins and others, and of H. C. Ducld and of Allegheny County, Pennsylvania., forrepealofacertainportion ofthe others, for protection of the Yellowstone Park-to the Committee on internal-re>enne law-to the Committee on Ways and Means. the Public Lands. By Mr. BELDEN: Petition of P. H. Haysand30others, cigar-makers By Mr. GROUT: Memorial of James Thompson & Co., of Vnlley of Syracuse, .r. Y., forrepealofrevenuedntiesoncigars and cheroois Falls, N.Y., for increase ofdutyon flax, hemp, andjnte-totheCom to the Committee on Ways and 1\Iea.ns. mi ttee on Ways and Means. By M.r. BELMONT: Petition of citizens of Suffolk County, of Queens .Also, memorial of George K. RU3Sell, of Bellows Falls, Vt., against County, and of Richmond County, New York, for protection of the Yel putting wood-pnlp on the free-list-to the Committee on Ways and low tone Park-to the Committee on the Public Lands. lli~ • By l\Ir. BINGHAU: Petition to repeal that portion of the internal Also, petition of E . .J. Linker, of Beebe Plains, Vt., for better mail revenue law classing druggists as liquor dealers-to the Committee on facilities between New England and the West-to the Committee on Wnys and 1\Ieans. the Post-Office and Post-Roads. By Mr. BOUND: Petition of Samuel Weiss, jr., M.D., and others By Mr. GUENTHER: Petition of Gerhard Mockley, of Holy Cross, of Lebanon and Annville, Pa., for the repeal of all taxes on alcohol to Wis., for relief-to the Committee on the Post-Office and Post-Roads. be used in medicine and the arts-to the Committee on Ways and Also, petition of the Bartlett Clinical Club, of Mil waukee, Wis., for Mean. removnl of tariff on medicines, medical and surgical appliances, etc. By Mr. BURNES: Memorial of Ferd. Gare.sche and other officials in to the Committee on Ways and Means. ihe customs service in St. Louis, l\Io., for additiona.I appropriation for By Mr. HARE: Three petitions of sundry citizens of Deuton County, said service-to the Committee on Appropriations. Texa.s, to make provision to pay Indian depredation claims-to the B,y Mr. BURNETT: Petition for improvement in mail service in New Select Committee on Indian Depredation Claims. England-to the Committee on the Post-Office and Post-Roads. By l\1r. HOOKER: Petition of K. D. Wright, heir of Lucy Cordell, Also, petition for the protection of the Yellowstone Park-to the of Hinds County, Mississippi, for reference of his claim to the Court of Committee on the Public Lands. Claims-to the Committee on \\.,.ar Claims. By Mr. BUTLER: Petition of sundry citizens of Sullivan County, By Mr. HOUK: Petition of Knights of L1.bor, of Knoxville, Tenn., Tennessee, for compensation for postmasters for fuel, etc. -to the Com in behalf of the tonnage bill-to the Committee on Merchant Marina mittee on the Post-Office and Post-Roads. and Fisheries. By Mr.\)?ELIX CAMPBELL: Joint resolution of the Legislature of By ~Ir . KETCHAM: Petition of John D. Kellogg and 21 others, citi New York, in favor of Honse bill 8857-to the Committee on Military zens of North Salem, N. Y., for the protection of the Yellowstone Park Affairs. - to the Committee on the Public Lands. 2956 CONGRESSIONAL RECORD-ROUSE. APRIL .13,. ------~------1 I By Mr. LAIDLAW: Two petitions of citizens of Jamestown, N. Y., others, citizens of Ware, and of W. L. Granger and others, citizens ofJ for the protection of the Yellowstone Park-to the Committee on the Westfield, Mass., for protection of the Yellowstone Park-to the Com· Public Lands. mitteeon the Public Lands. ' By Mr. LEE: Petition of Angus McD. Green, administrator of Mrs. Also, petition of Stratton Bros., of Gardner, Mass., for better mail• Mary Guinn, of Culpeper County, Virginia, for reference of claim to facilities in New England-to the Committee on the Post-Office and1 the Court of Claims-to the Committee on War Claims. Post-Roads. By Ir. LONG: Petition ofElizaEwer, of Boston, Mass., for increase The following petitions for the more effectual protection of agricult-' of pension-to the Committee on Invalid Pensions. ure, by means of certain import duties, were reC'eived and severally Also, memorial of the Central Labor Union, of Quincy, Mass., against referred to the Committee on Ways' and Means: the withdrawal of protection on dressed stone-to the Committee on By Mr. CANNON: Of F. T. Banker and 150 othe:rs, of Zif, Til. Ways and 1\feans. By Mr. CUTCHEON: Of citizens of Osceola County and of Mason By Mr. McCOUl\IICK: Petition of Wilson Nevel and 75 others, cit lJounty, Michigan. izens of Lycoming County, Pennsylvania, for the passage of Senate By Mr. KE.A.N: Of John H. Denise and others, citizens of Freehold, bill No. n 3-to the Committee on the Public Lands. N.J. Also petition of Milton Huberandothers, druggists, of Williams By Mr. KETCHAM: Of 20 farmers of Fremont Centre, N. Y. pod, Pa., ior repeal of statute classifying druggists as liquor dealers- By Mr. PARKER: OfcitizensofPierpont, N.Y., and ofT. F. Dana to the Committee ou Way.s and Means. . and others, of New· York. · By Mr. Mc KINLEY: Petition offanners of Stark County, Ohio, pro By Mr. SAWYER: Of citizens of Linwood, N.Y. testing against the passage of the Mills tariff bill-to the Committee on By Mr. WICKHAM: Of 49 citizens of Lorain County, Ohio. Ways and Means. . Byl\fr. MORGAN: P etitionofMadisonLedbetter,ofMarshallCounty, The following petitions, praying for the enactment of a law to estab 1\fjssissippi, for reference of his claim to the Court of Claims-to the lish a system of telegraphy, to be owned and controlled by the Govern Committ~e ou Wm· Claims. ment of the United States and operated in connection with the Post By Mr. MORROW: Petition of employes of the customs service at Office Department, were severally referred to the Committee on the San Francisco, Cal., for appropriation to supply a deficiency for the year Post-Office and Post-Roads: ending June 30, 1 -to the Committee on Appropriations. By Mr. A. R. ANDERSON: Of R. l\I. Carson and 2, 210 others, citizens By Mr. NEAL: Petition of Samuel Ray, of James County, Tennes of the Eighth district of Iowa. see, for payment of his war claim-to the Committee on War Claims. By Mr. JEHU BAKER: Of John Huegle and 106 others, citizens of By Mr. NUTTING: Petition of W. L. Hearlet and 30 others, citi the Twentieth district of Illinois. zens of Auburn, N. Y., for the protection of the Yellowstone Park By Mr. BAYNE: Of '.r. B. Walker and 1,430 others, citizens of the to the Committee on the Public Lands. Twenty-third and Twenty-fourth districts of Pennsylvania. By Mr. -- O'NEILL: Petition and papers of Mrs. Sophia Schim By 1\Ir. BELDEN: Of ,V. A. Hill and 125 others, Knights of Labor melfinnig, for an increase of pension-to the Committee on Invalid of Syracuse, N. Y. Pensions. By Mr. CUTCHEON: Of citizens of Michigan. By Mr. PARKER: Resolution of the Assembly of New York, in favor By Mr. R. H. l\I. DAVIDSON: Of J. B. Hill and 1,668 others, citi of the muster-roll bill-to the Committee on Military Affairs. zens of the First district of Florida. By Mr. ROMEIS: Memorial of 27 citizens of Fremont, Ohio, for pro By Mr. FISHER: Of John Maxwell and 2,496 others, citizens of tection of the Yellowstone Park-to the Committee on the Public Lands. Michigan. By Mr. RUSK: Petition for a pension for l\Irs. l\I. A. Parnell-to By :Mr. GRANGER (by request): Of A. A. Curtis and others, citi the Committee on Invalid Pensions. zens of Connecticut. By Mr. SCULL: Memorial of citizens of Everett and Bedford, Pa., By Mr. HEARD: Of citizens of the Sixth district of Missouri. for repeal of that part of the internal revenue classing druggists as By Mr. HIRES: Of numerous citizens of the First district of New liquor dealers, etc.-to the Committee on Ways and Means. Jersey. · By Mr. SENEY: Petition of W. H. Darrah und 14 others, citizens of By Mr. KETCHAM: Of John McNulty and 208 others, citizens of Bucyrus, Ohio, for the passage of Senate bill 283-to the Commit-tee the Sixteenth district of New York. on the Public Lands. . • By Mr. LYNCH: Petition of John J. Barrett and 6,760 others, cHi Also, paper of James Thompson & Co., respecting the tariff duty on zeus of the Twelfth district of Pennsylvania. flax and hemp-to the Committee on Ways and Means. By l\Ir. ROWELL: Of T. J. Butler and 853 others, citizens of the By l\Ir. SHIVELY: Petition of Typographical Union No. 128, of Fourteenth district of lllin~is. South Bend, Ind., in iavor of the Chace copyright bill-to the Com By Mr. ROWLAND: Of certain citizens of Robeson County, North mittee on Patents. Carolina. ·By Mr. SPOONER : Petition of A. B. Chace and 22 others, citizens By Mr. ]I. A. SMITH: Of E. B. Gage and 100 others, citizens of Ari· of Rhode Island, for the protection of the Yellowstone Park-to the zona. Committee on t,he Public Lands. By Mr. J. R. TH0~:1AS: Of J. W. Coleman and 1,642 others, citizens By Mr. STAHLNECKER: Petition of Ron. E. B. Pond, mayor of of the Twentieth district of Illinois. · San Francisco, Cal., and others, for an act to establish a. quarantine station at that port--to the Committee on Commerce. • The following petitions, indorsing the per diem rated service-pension Also, joint resolution of the New York Legislature, fa>oring House bill, based on the principle of paying all soldiers, sailors, and marines bill No. 8857-to the Committee on Military Affairs. of the late war a monthly pension of 1 cent a day for each day they By Mr. J. W. STEWART: Petition of C. J. Wright and others, and were in tl1e service, were se-verally referred to the Committee on In of J. H. Guild and others, of Vermont, for protection of the Yellow valid Pensions: stone Park-to the Committee on the Public Lands. By Mr. A. R. ANDERSON: Of James Humeston and 35 othe1· mem By 1\fr. E. B. TAYLOR: Petition of citizens of Lordstown, Ohio, for bers of Davenport Post, Grand Army of the Republic, of Woodburn, additional protection to agriculture-to the Committee on Ways and Iowa, and of George Phillips :md 83 other ex-soldiers, of Woodburn, Means. • Iowa. By 1\fr. G. M. THOMAS: Petition of Elizabeth Htlll, widow of Will By Mr. BRUMM: Of J. 1\I. Wetherill and 44 others, citizens of iam Hull, late private Company D, Seventh Kentucky Cavalry, for re Schuylkill County. Pennsylvania. lief-to the Committee on Military Affairs. By Mr. BURNES: Of John Galbreath and other ex-soldiers, of Fill· Also, petition for a pension for Jacob Libber-to the Committee on more, Mo. Ipvalid Pensions. By Mr. BURROWS: Of ex-soldiers and sailors of Michigan. By Mr. WADE: Petition of the president and prbfessors of Drury By Mr. CUTCHEON: Of sundry citizens and soldiers of Newaygo College, Springfield, Mo., for an international copyright law-to the County, Michigan. CommiJ;tee on Patents. By Mr. FISHER: Of 9 soldiers and sailors of Odessa; of 20 soldiers Also, petition of citizeiis :f McDonald County, Missouri, for an amend and sailors, of 14 soldiers and sailors, and of 16 soldiers and sailors, of ment of the homestead law-to the Committee on the Public Lands. Luzerne and Farwell, l\iich. By Mr. WASHINGTON: Petition ofN. W. Baldridge, of Davidson By Mr. FUNSTON: Of members of Grand Army of the Republic County, Tenne see, for reference of his claim to the Court of Claims post, of Williamsburgh, Kans. to the Committee on War Claims. By Mr. GIFFORD: Of James Crosby and 47 others, of Woonsocket; By Mr. J. R. WHITING: Petition of Richard Pearson and 25 others, of E. Huntington and 23 others, of Webster, Dak. and of Jefferson Tardice and 76 others, citizens of Greenleaf, Mich., By Mr. KETCHAM: Of Wallace Payntor and 68 others, ex-soldiers against a reduction of duty on wool and woolens-to the Committee and sailors of Fishkill, N. Y. on Ways and Means. By Mr. LANE: OfPostNo. 354, Grand.ArmyoftbeRepublicofllli· Also, petition of Hugh 1\fcAlpin and 95 others, and of Richard Pear nois. son and 25 others, of Sanilac County, Michigan, for the pleuro-pneu By Mr. McKINLEY: Of citizens of East Liverpool, Ohio. monia bill-to the Committee on Agriculture. By Mr. OSBORNE: Of John Shafer and 41 others, ex-soldiers ol By Mr. WILLIAM WHITING: Petition of C. C. Hitchcock and Luzerne County, Pennsylvania. 1888. CONGRESSIONAL RECORD-HOUSE. 2957 By Mr. SENEY: OfN. W. Jenkins aud 182 others, citizens ofHan PUBLIO BUILDING AT TALLAHASSEE, FLA. cock County, Ohio. The SPEAKER also laid before the House the bill (S. 1083) for the By Mr. SPOONER: Of C. B. Harbach and others, soldiers of Barring erection of a public building at Tallahassee, Fla. ton, R.I. Mr. DAVIDSON, of Florida. I ask unanimous consent that that bill By .Mr. 0. B. THOMAS: Of 75 citizens, of 34 ex-soldiers, and of 125 be considered now; and with the indulgence of the House I will give citizens of Richland County, Wisconsin. a word of explanation. The bill provides for the erection of a public The following petitions, praying for the enactment of a Ia.w provid building at Tallahassee, Fla. This is a Senate bill. A similar bill has ing temporar-y aid for common schools, to be disbursed on the basis of been considered favorably by the Committee on Public Buildings and illiteracy, were severally referred to the Committee on Education: Grounds. I ask the House to pass it now. The amount involved is By Mr. PARKER: Of96 citizens of St. Lawrence County, New York. $75,000. By Mr. E. B. TAYLOR: Of citizens of Ashtabula County, Ohio. The SPEAKER. The bill will be read, after which the Chair will By l\1r. WALKER: Of 68 citizens of Butler County, Missouri. ask for objections. By l\1r. WEAVER: Of 164 citizens of Monroe County, Iowa. M:r. BRECKINRIDGE, of ..6-rkansas. I regret to have to object, but By Ur. WEBER: Of29 citizens of Niagara County, New York. I will do so after the reading of the bill, and I may as well do so now. The bill was read twice, and was referred to the Committee on Public The following petitions for an increase of compensation of fourth-class Buildings and Grounds. · postmasters were severaJly refen·ed to the Committee on the Post-Office SENATE BILLS REFERRED. and Post-Roads: By Mr. R. H . .M. DAVIDSON: Of citizens of Cerro Gordo, Fla. The SPEAKER also laid before the House bills of the Senate of the By Mr. HEA.RD: Of citizen~ of Camden County, Missouri. following titles; which were severally read twice, and referred to com By Mr. HOUK: Of citizens of Morgan County, Tennessee. mittee::; as indicated: By Mr. McCLA.MMY: Of Lewis Mills and 50 others, citizens of The bill (S. 2123) to authorize the removal ofan obstruction to the navi Onslow County, North CaroHna. gation of Broad Creek, in the State of Delaware-to the Committee on By Mr. McCORl\IlCK: Of H. H. Ogden and 13 others, citizens of Commerce. Tioga County, I'ennsylvania. The bill (S.1721) establishing a customs collection district in Florida, By Mr. McRAE: Of cilizens of Fairland, Ark. to be known as the collection district of Tampa, and for other purposes to the Committee on Commerce. The bill (S. 2613) to amend an aetapprovedJune 15,1882, changing the boundaries ofthe fourth collection district of Virginia-to the Com HOUSE OF REPRESENTATIVES. mittee on Commerce. The bill (S. 2392) for the erection of a monument to the memory of SATURDAY, i1prill4, 1888. General Joseph Warren, who fell at the battle of Bunker Hill-to the The House met at 12 o'clock m. Prayer by the Chn,plain, Rev. Committee on the Library. WILLIA.M H . .M:IL:BURN, D. D. The bill (S. 1241) to preventobstructiveand injurious deposits within The Clerk proceeded tore..1.d the Journal of yesterday's proceedings. the harbor andadjacentwaters of New York Citybydumpingorother Mr. ].1c~llLLIN. I ask unanimous consent to dispense with the wise, and to punish aud prevent such offenses-to the Committee on reading of that portion of tbe Journal which relates to the presenta Commerce. tion of reports. It is somewhat lengthy. CHANGE OF REFERENCE. The SPEAKER. Is there objection to the request of the gentleman The SPEAKER. The Chair also lays before the House the bill (S. from Tennes~ ? 2202) for the relief of Samuel Noble. This bill is before the Commit There was no objection. tee on War Claims. They ask to be discharged from its further con The re.'tding of the Journal was completed with the exception of the sideration and that it be referred to the Committee on the Judiciary. portion referred to, and was approved as read. Mr. OATES. A bill precisely the same as this for the relief of Samuel FINDINGS OF COURT OF CLAIMS. Noble has been reported favorably from the Judiciary Committee and The SPEAKER laid before tlie House letters from the assistant clerk is on the Honse Calendar now. I ask that if this bill is to be referred of the Court of Claims, tr<1nsmitting copies of the findings of fact in it shall go to the same committee. the following cases, n,nd they were referred to the Committee on Wn,r The SPEAKER. Tlie bill was received some time since and was re: Claims: ferred to the Committee on War Claims. The chairman of that com In the case of Caroline Hedges against tlie United States; mittee has sent it to the desk with the request that it be referred to In the case of James ,V. Johnston, administrator, against the United the Committee on the Judiciary. It can only be so referred by unan States· imous consent 'of the Honse. In the case of Thomas M:. Brownandothersagainstthe United Stntes; 1\fr. OATES. A bill has been before the Judiciary Committee re In the case of Joseph Lowe and others against the United States; lating to this particular case, both last Congress and this, and upon In the case of Thomas H. Wysong against the United States; an examination of the bill there is found a good reason for its being In the case of George Cooper against the United States; n,nd there, because there are some legal questions involved that are un In tho case of Ebenezer Cnuuingham against the United Sbates. usual in cases of this character. The bill seeks an adjudication of the The SPEAKER also ln,id before the House a letter from the assistant claim by the Court of Claims, where the case once was in a different clerk of tlie Court of Claims, transmitting a copy of the findings of fact form from that which is sought now. in the case of Philip C. Rowe against the United States; which was re The SPEAKER. The gentleman from .Alabama [Mr. OATES] asks ferred to the Committee on Patents. unanimous consent that the Committee on War Claims be discharged OHIO CONNECTING RAILWAY BRIDGE. from the further consideration of this bill, and that it be referred to the Committee on the Judiciary. The SPEAKER also laid before the House the bill (H. R. 3215) to Mr. BRECKINRIDGE, of Arkansas. Is it proposed to put the bill authorize the constructionoftheOhioConnecting Railway bridge; which upon its passage, or merely ·to refer it? was referred to the Committee on Commerce. The SPEAKER. To refer it; to change the reference. COU ~TY OF SAN J UAN IN NEW MEXICO. Mr. BRECKINRIDGE, of Arkansas. I have n~ objection to that. The SPEAKER also laid before the Honse the bill (H. R. 1983) to There was no objection, and it was so ordered. ratify an act entitled ''An act creating the county of San Juan in the LEAVE OF ABSENCE. Territory of New Mexico," with amendments by the Senate. By unanimous consent, leave of absence was gmnted as follows: Mr. SPRINGER. There was a committee of conference asked on To Mr. HU'ITON for two weeks, on account of important business. that bill. To Mr. BACON indefinitely, on account of important business. · The SPEAKER. That does not give it any preference. To Mr. LANE indefinitely, on account of important busin~s. Mr. SPRINGEH. I am aware ofthat; butiaskunanimousconsent To Mr. C UTCHEON indefinitely, on account of ill health. to non-concur in the Senate amendments and agree to the request for a committee of conference. LEGISLATIVE, JUDICIAL, .AND EXECUTIVE APPROPRIATION BILL. Mr. ADAMS. What is the bill? Mr. RANDALL. Mr. Speaker, in the absence of ~fr. FORNEY, by The SPEAKER. It is a bill to create the county of San J nan ill the direction of the Committee on Appropriations, I report the bill (H. R. Territory of New Mexico. 9377) making appropriations for the legislative, executive, and judicial Mr. DINGLEY. Has this bill reached the conference stage? expenses of the Government for the :fiscal year ending June 30, 1889, The SPEAKER. It has not. The Senate has asked a conference. and for other purposes. Mr. DINGLEY. That does not make it privileged. The bill was read a first and second time, referred to the Committe~ The SPEAKER. It does not. The gentleman from illinois [Mr. of the Whole House on the state of the Union, and, with the accom SPRINGER] asks unanimous consent that the House non-concur in the panying reports, ordered to be printed. Senate amendments and agree to the request for a committee of con ltfr. BURROWS. I reserve all points of order. ference. Is there objection? The Chair hears none, and will appoint Mr. McMILLIN. Mr. Speaker, I reserve all points of order on that t.he managers during the day. bill -