• 1496 CONGRESSIONAL RECORD-HOUSE. FEBRU:ARY 29, she chooses, is sufficient to induce me to vote for seven ships and I only SUPERVISING ARCHITECT OF THE TREASURY. wish that the number were one hundred and seven instead of seven. The SPEAKER alsolaid beforetheHouse a letterfrom the Secretary The PRESIDENT pro tempore. The question is on the engrossment of the Treasury in answer to resolutionofthe HouseofRepresentatives, and third reading of the bill. passed February 21, requesting evidence and report in the case of the The bill was ordered to be engrossed for a third reading, and was read investigation of the office of the Supervising Architect of the Treasury; the third time. · which was referred to the Committee on Public Buildings and Grounds. The PRESIDENT pro tempore. The bill having been read three TRUSTEE REFORM SCHOOL. times, the question is, Shall it pass? Mr. VOORHEES calledfortheyeasandnays; and theywereordered. The SPEAKER also laid before the House a letter from the Attorney The Secretary _proceeded to call the roll. General, asking that his chief clerk be made ex o:f!icio trustee of the Re Mr. BROWN (when his name was called). On this question I am form School of the District of Columbia, and that an appropriate pro paired with the Senator from Maine [Mr. FRYE]. vision for that purpose be inserted in the bill making appropriations for .1-Ir. KENNA (when Mr. CAl\IDEN's name was called). My colleague the District of Columbia; which was referred to the Committee on Ap [Mr. CAMDEN] is paired with the Senator from Wisconsin [Mr. SAw propriations. YER]. CITY HALL, WASHINGTON, D. C. Mr. FAffi (when his name was called). I am paired with the Sena The SPEAKER also laid before the House a letter of the Attorney tor from Rhode Island [Mr. ANTHONY]. General, transmitting communications and recommendinganappropri Mr. KENNA (when his name was called). I am paired with the ation for the preservation and improvement of the City Hall, Washing Senator from New York [Mr. MILLER]. If we were not paired, he ron, D. C.; which was referred to the Committee on Appropriations. would vote " yea." ' LEAVE OF ABSENCE. Mr. LOGAN (when his name wascallen). I am paired with the Sen ator from Texas [Mr. MAXEY]. If he were present, I should vote By unanimous consent, leave of absence was granted to Mr. RAY, of ''yea'' and he would vote ''nay.'' New York, untilMonday, March3, and to Mr. MORRILL, untilMarch10. Mr. HARRISON (when Mr. 1tfANDERSON's name was called). The JAMES BRIDGER. Senator from Nebraska [Mr. MANDERSON] is confined to his home by Mr. BLAND. I ask, Mr. Speaker, unanimous consent to take from sickness. I do notknowwhethertheSenatorfromMissouri [Mr.COCK the Speaker's table Senate bill No. 380 for reference to the Committee RELL] announced a pair with him or not. on Claims. Mr. CONGER (when Mr. MITCHELL'::; name was called). The Sen The SPEAKER. The title of the bill will be read, after which the ator from Pennsylvania [Mr. MITCHELL] is detained from the Sen Chair will ask for objection. ate by sickness. He is paired with the Senator from Arkansas [Mr. The Clerk read as follows: WALKER]. Ifhere, the Senator from Pennsylvania would vote "yea." A bill (S. 380) for the relief of James Bridger, or his legal representatives. 1-Ir. PIKE (when his name was called). I am paired with the Sen There being no objection, the bill was taken from the Speaker's ta- ator from New Jersey [Mr. McPHERSON]. If he were present, I should ble, read a first ·and second time, and referred to the Committee on vote ''yea.'' Claims. The roll-call wa.s concluded. MRS. LOU GOBRIGHT M:'FALLS. Mr. COCKRELL. The Senator from Nebraska [1-Ir. MANDERSON] is detained at home by illness and is paired with me. Were he pres Ir. COX, of New York, by unanimous consent, introduced a bill ent, I should vote "nay" and he would doubtless vote "yea. " (H. R. 5454) granting an increase of pension to Mrs. Lou Gobright Mc The result was announced-yeas 38, nays 13; as follows: Falls; which was read a first and second time, referred to the Commit tee on Invalid Pensionfb, and ordered to be printed. YEAS-38. HEIRS OF GENERAL PULASKI. Aldrich, Dolph, Jones of Florida, Pendleton, Allison, Edmunds, Jones of Nevada, Platt, Mr. COX, of New York, by unanimous consent, also introduced a Bayard, Garland, I-apham, Plumb, bill (H. R. 5455) for the relief of the heirs of General Count Casimir Blair, Gorman, McMillan, Ransom, Bowen, Groome, Mahone Riddleberger, Pulaski; which was read a first and second time, referred to the Com Butler, Hale, Miller of Cal., Sabin, mittee on Foreign Affairs, and ordered to be printed. Call, Hampton, Morgan, Sherman, Conger, Harrison, Morrill, Williams. LANDS GRANTED TO 1\IICHIGAN. Cullom, Hawley, Palmer, Wilson. Mr. MAYBURY, by unanimous consent, submitted the following Dawes, Hill ' NAY8-13. preamble and resoluti n; which were referred to the Committee on the Beck, George, Lamar, VanWyck, Public Lands, and ordered to be printed in the RECORD: Coke, Harris, Pugh, Vest, Whereas by act approved 1\la.rch 3, 1865, Congress granted 200,000 acre of land Colquitt, Jackson, Vance, Voorhees. to the State of Michigan to aid in the construction of a. breakwater, harbor, and Farley, ship-canal to connect I-ake Superior and Portage Lake, on Keweenaw Point, in ABSENT-25. said State of 1\fichigan, and afterward, by act approved July 3, 1866, made an ad ditional grant of 200,000 acres more to said State for the same purpose ; and Anthony, Frye, McPherson, Sawyer, Whereas said State of 1\Iichiga.n conferred said lands on the Portage Lake and Brown, Gibson, 1\Ianderson, Sewell, l-ake Superior Ship-Canal Company for the purpose of constructing said break Camden, Hoar, Maxey, Slater, water, harbor, and ship-alnal; and Cameron of Pa., Ingalls, Miller of N. Y., Walker. Mitchell, Whereas said acts required the lands granted thereby to be selected from the Cameron of Wis., Jonas, alternate and odd-numbered sections (except 50,000 acres, which were to be se~ Cockrell, Kenna, Pike, lected from the even-numbered sections) of the public lands nearest to said har Fair, Logan, Saulsbury, bor and canal ; and So the bill was passed. Whereas it is charged and alleged that said lands were not selected as required by said acts, but that large quantities of very valuable lands were selected an ADJOURNMENT TO MONDAY. over the upper peninsula of said State, in viola on of said acts, and said canal company now claims to own said lands so selected, though large quantities of The PRESIDENT pro tempore. The next business in order is Order of them were not liable to be used to satisfy said grants; and Business No. 58, being the bill (S. 167) for the relief of John Thorns. Whereas ita.ppears from reports ofGovernment engineersthatsa.idcanalcom lli. INGALLS. I move that when the Senate adjourns to-day it be pany never completed said breakwater, harbor, and ship-canal as contemplated and required by said grantrng act; and 'to meet on Monday next. Whereas said canal company failed to co,mplete said breakwater, harbor, and The PRESIDENT pro tempore. The question is on the motion of ship-canal within the time limited by the acts of Congress extending the time for the Senator from Kansas. the completion of the same; and Whereas it was provided in said granting acts that in case of the failure of the The motion was agreed to. said canal company to complete said harbor and canal within the time so lim Mr. HARRIS. ·I move that the Senate do now adjourn. ited the lands so granted should revert to the United States: Therefore, The motion was agreed to; and (at 4 o'clock and 40 minutes p.m.) B e it resolved, That t he Committee on Public Lands be, and is hereby, instructed to investigate all of said charges and allegations, together with all matters per the Senate adjourned. taining to said grants, and whether said grants, or any portions thereof, are now liable to forfeiture, with power to send for persons and papers, to administer oa.Gls, and report to this House by bill or otherwise. LANDS IN COLORADO FOR AGRICULTURAL COLLEGES, ETC. HOUSE OF REPRESENTATIVES. Mr. BELFORD, by unanimous consent, introduced a bill (H. R. FRIDAY, Februa'ry 29, 1884. 5456) to enable the State of Colorado to take lands in lieu of the six teenth and thirty-sixth sections found to be mineral lands, and to se The House met at 12 o'clock m. Prayer by the Chaplain, Rev. JOHN cure to the State of Colorado the benefit of the act of July 2, 1862 8. LINDSAY, D. D. entitled "An act donating land to the several States and Territories The Journal of yesterday's proceedings was read and approved. which may provide colleges for the benefit of agriculture and the me REBATE OF TAX ON TOBACCO. chanic arts;" which was read a first and second time, referred to the The SPEAKER, by unanimous consent, laid before the House a let Committee ou the Public Lands, and ordered to be printed. ter from the Secretary of the Treasury in answer to resolution of the AGRICULTURAL COLLEGES. House of Representatives, passed February 25, asking for information Mr. AIKEN. I am directed by the Committee on Education to· re relative td the rebate of tax on tobacco under the act of Uarch, 1883; port baek with an amendment the ·resolutions which I send to the desk,. which was referred to the Committee on Appropriations. and to ask that as amended the resolutions be adopted. 1884. CONGRESSIONAL RECORD- HOUSE. 1497
The resolutions were read, as follows : March 19 and from day to day thereafter until disposed of, bnt not to interfere with rev~nue and appropriation bills and reports and consideration of bills from Whereas by an act of Congress approved July~. 1~2, en~itled "An act. dona~ the Committee on Public Lands and prior orders of the House. ing public lands to the several States and Terntox:tes wh~~h may proVIde col leges for the benefit of agriculture and t~e mechamc arts; . many o~ the States The SPEAKER. Is there objection to the present consideration of and Territories of the United States recetved grants of public lan~ fMissouri I ask unanimous consent to have printed fairs to ask unanimous consent to report for consideration at this time and referred to the Committee on Agriculture a letter of the Secretary of a bill to relieve certain appointed and enlisted men of the Navy and Marine Corps of the charges of desertion. The bill simply extends the the Treasury addressed to the chairman of the Committee on .A.~cult ure transmitting a letter from -the Secretary of State and a dispatch provisions of House bill 4383, passed a few days ago, reported from the fro~ the American consul at Birmingham. Committee on Military .Affairs, removing certain charges of desertion Mr. RANDALL. On what subject? from soldiers of the United States Army who remained in their com- Mr HATCH, ofMissouri. Ondiseasesamongcattle. Thisisacom mand up to a certain period. . munication I received this morning. I am sorry it was not presented Mr. McMILLIN. I demand the regular order. To-day is private to me forty-eight hours sooner, as I think it would have made some dif bill day, and as the Private Calendar has but one day in the week, and ference in the vote of yesterday on the bill reported by the Committee has not had a day for some time, I must call for the regular order. on Agriculture. Mr. BOUTELLE. I hope the gentleman will allow this bill to pass. Mr. McMILLIN. It is a bill that is likely to cause discussion. There was no objection, and the communication was referred, ~th its inclosures, to the Committee on Agriculture, and ordered to be pnnted. 1\Ir. BOUTELLE. It is a unanimous report from the Committee on Naval .Affairs. AMERICAN MERCHANT MARINE. ORDER OF BUSINESS. Mr. HUNT. I ask unanimous consent for the present consideration Mr. McMILLIN. I must insist upon the demand for the r~o-ular of the resolution which I send to the desk. order, with no disrespect to my friend from Maine [Mr. BOUTELLE]. The Clerk read as follows: The SPEAKER. The regular order is called for. To-day being Fri Resolved, That House bill No. 4987 for th.e encouragement .of the_.A.meri<;an merchant marine and to promote commermal and postal relatiOns With fore1gn day, the regular order is the call of committees for reports of a private countries be made the special order after the morning hour for Wednesday, nature. March 19, and from day to day thereafter until disposed of, but not t_o inter Mr. ~1cMILLIN. I move to dispensewith the morning hqur for the fere with revenue and appropriation bills and reports from the Committee on Public Lands. call of committeel3 for reports. The SPEAKER. 'l'hat requires a two-third vote. Mr. HEWITT, of Alabama. Or prior orders. · The question was taken by a viva voce vote; but before the Speaker Mr. HUNT. I will modify the resolution so that the assignment announced the result, shall not interfere with prior orders. ]';fr. 1\fcl\IILLIN withdrew the motion. The SPEAKER. The Chair thinks it would not interfere with prior :Mr. REESE. I ask the gentleman from Tennessee [Mr. :McMILLIN] orders. to yield to me for a moment. Mr. HOLM:.A.N. The language of the resolution is "and reports from The SPEAKER. That can not be done while the demand for the the Committee on Public Lands.'' It seems to me that only allows the regular order is pending. The regular order is the call of committees reports, not the consideration of the bills. for reports of a private nature, this being Friday. • Mr. HUNT. I will modify the resolution to meet the su&:,uestion of the gentleman from Indiana. SPANISH FERRY-BOAT NUESTRA SENORA DE REGLA. The SPEAKER. The resolution will again be read as modified by Mr. DORSHEil\fER. I am instructed by the Committee on the Judi the gentleman from Louisiana. ciary to submit an additional report upon the bill (H. R. 2842) to carry The Clerk read as follows: into effect th6 decree of the district court of the United States for the. th~ Reso~ved, That House bill No. 4987 for the encouragement of the American mer southern district of New York in the case of Spanish ferry-boat chant marine and to promote commercial and postal relations with foreign N uestra Senora de Regia, now on the Calendar of the Committee of the countries be made the special order after the morning hour for Wednesday, Whole on the state of the Union. 1498 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 29,
The SPEAKER. Is it a private bill? with a favorable recommendation the joint resolution (H. Res. 130) Mx. DORSHEil\IER. It is not. tendering the thanks of Congress to Capt. J. H. Gillis; which was re- The SPEAKER. Then it is not in order under this call. This being ferred to the Committee of the Whole House on the PriYate Calendar, Friday, reports of a private nature only are in order under this call. and the accompanying report ordered to be printed. AUGUSTUS C. PAUL. JULIUS A. KAISER. l\!1'. MORGAN, from the Committee on M1litary Affairs, reported Mr. TALBOTT, from the Committee on Naval Affairs, reported back back with a favorable recommendation the bill (H. R. 2162) for there with amendments the bill (H. R. 1348) for the relief of Julius A. Kaiser; lief of Augustus C. Paul; which was refeJ.Ted to the Committee of the which was referred to the Committee of the Whole House on the Pri Whole House on the Private Calendar, and the accompanying report vate Calendar, and the accompanying report ordered to be printed. ordered to be printed. JULIA A. CHAMBERS. CAPT. WILLIAM H. REXFORD. 1\lr. .JOHN S. WISE, from the Committee on Invalid Pensions, re 1\Ir. MORGAN, from the Committee on Military Affairs, also reported ported back with a favorable recommendation the bill (H. R. 4317) back with a. favorable recommendation the bill (H. R. 1786) for the increasing the pension of JuliaA. Chambers; which was referred tot.he relief of Capt. William H. Rexford; which was referred to the Commit Committee of the Whole House on the Private Calendar and the ac tee of the Whole House on the Private Calendar, and the accompany companying report orde:~:ed to be printed. ing report ordered to be printed. ANSOY B. SAMS. S. S. ROBINSON. Mr. JOHN S. WISE, from the Committee on Invalid Pen ions, also Mr. MORGAl~, from the Committee on Iilitary Affairs, also reported reported back with amendments the bill (H. R. 1127) granting a pen back with a favorable recommendation the bill (H. R. 3690) to restore sion to Anson B. Sams; which was referred to the Committee of the S. S. Robinson, late of the Sixteenth United States Infantry, to the Whole Honse on the Private Calendar, and the accompanying report Army and place him on the retired-list; which was referred to the Com ordered to be printed. mittee of the Whole House on the Private Calendar, and the accom ADVERSE REPORTS. panying report ordered to be printed. M:r. JOHN S. WISE, from the Committee on Invalid Pensions, also FRANK W. HUNT. reported back adversely bills of the following titles; which were sev 1\fr. MORGAN, from the Committee on Military Affairs, ~lsoreported erally laid on the table, and the aecompanying reports ordered to be back with a favorable recommendation the bill (H. R. 3263) to author printed: ize Frank W. Hunt to erect and maintain a ferry across the Missouri A bill (H. R. 3351) to restore the name of Harvey B. Buckner to the I River at the milita,ry reservation at Fort Buford, Dak. ; which was re pension-roll; and . / :ft3rred to the Committee of the Whole House on the Private Calendar, A bill (H. R. 3348) granting arrears of pension to Sarah A. Hooper. and the accompanying report ordered to be printed. P.M. SHANNON. 1\fr. MORGAN, from the Committee on Military Affairs, also reported adversely the bill (H. R. 3264) to authorize Frank W. Hunt to mine Mr. HOUK, from the Committee on Invalid Pensions, reported back and sell coal on the military reservation at Fort Buford, Dak.; which with amendments the bill (H. R. 4613) granting a pension toP. M:. Shannon; which was referred to the Committee of the Whole House was laid on the table, and the accompanying rep~rt ordered to be printed. on the Private Calendar, and the accompanying report ordered to be DISTRIBUTION OF ARMS TO THE STATES. printed. Mr. ROSECRANS. I am instructed by the Committee on Military ELIZABETH 1\IOYAL. Affairs to report back with a favorable recommendation House l?ill4864, Mr. HOUK, from the Committee on Invalid Pensions, also reported repealing so much of the act approved March 3, 1875, as provides that so back with a favorable recommendation the bill (H. R. 1836) for the much of the appropriation between January 1, 1861, and April9, 1865, relief of Elizabeth Moyal; which was referred to the Committee of the under the J1Ct of April 23, 180R, as would have been used for arms to be Whole House on the Private Calendar, and the accompanying report distributed to the several States be covered into the Treasury. ordered to be printed. The SPEAKER. That bill is not in order under this call, this being ADVERSE REPORTS. a call for reports of a private nature. ; Mr. MATSON, from the Committee on Invalid Pensions, reported \ OREGON VOLUNTEERS. back adversely bills of the following titles; which were severally laid on 1\fr. CUTCHEON. I am directed by the Committee on Military Af the table, and the accompanying reports ordered to be printed: fairs to report adversely House bill 1306, relating to the muster-roll of A hill~H. R. 332) for the relief of James S. Jelley; the Oregon volunteers. A bill H. R. 3619) to rerate the pension of William H. Renner; The SPEAKER. The Chair will state again to gentlemen on the floor A bill H. R. 545) granting a pen ion to Charles H. Carr; that under this call no bills except those of a private nature can be re A bill H. R. 543) granting a pension to Elisha Dresser; ported. A bill (H. R. 4448) for the relief of Robert R. Hughes; Mr. CUTCHEON. This bill is of a strictly private nature, relating · A bill (H. R. 538} granting a pension to Chester F. Hart; to private claims. A bill (H. R. 532} for the 1·elief of Isaac Pendleburg; The SPEAKER. The Chair understood from the title that it re A bill (H. R. 547) granting a pension to Christian H. Stienmeier; lated to thevolunteersoldiersofthe State of Oregon. [After a pause.] 'A bill (H. R. 496) granting a. pen. ion to Rebecca. J. Lowery, guardian; Ther·e is some doubt about it, but the Chair will receive the report. and The bill was laid on the table, and the accompanying report ordered A bill (H. R. 533) for the relief of Albert H. Smith.
to be printed. SUSA~ A H HALL. FORT RILEY 1\fiLITARY RESERVATION. Mr. MATSON, from the Committee on Invalid Pensions, also reported 1\Ir. CUTCHEON, from the Committee on Military Affairs, als8 re back the bill (ll. R. 1260) granting a pension to Susannah Hall; when ported adversely the bill (H. R. 519) to provide for the sale to actual the committee was discharged from the further consideration of the settlexs of a portion of the Fort Riley military reserYation, in the State same, and it was referred to the Committee on Pensions. of Kansas; which was laid on the table, and the accompanying report ordered to be printed. ADVERSE REPORTS. CAPT. W. J. J... YSTEE. Mr. LE FEVRE, from the Committee on Invalid Pensions, reported Mr. CUTCHEON, from the Committee on Military Affairs, also re back adversely the following bills; which were severally laid on the ported back the bill (H. R. 2064) for the relief of Capt. W . .J. Lystee, table, and the accompany reports ordered to be printed: United States Army; and mov:ed that. the committee be discharged A bill (H. R. 338 ) granting a pension to John· McGraw; from its further consideration and that the same be referred to the A bill (H. R. 1222) granting a pen ion to John Davis; Committee on Claims. A bill (H. R. 3753) granting a pension to Anthony McNalley; and The motion was agreed to. A bill (H. R. 2547) granting a pension to Patrick kicNicholas. WALTER DICKSON. FRANK BACKOF. Mr. LYl\IAN, from the Committee on Military Affairs, reported ad 1\Ir. HOLMES, from the Committee on Invalid Pensions, reported versely t.he bill (H. R. 924) for the relief of Frank Back of; which was back with an amendment the bill (H. R. 2017) granting a pension to laid on the table, and the accompanying report ordered to be printed. WaJter Dickson; which was referred to the Committee of the "Thole House on the Private Calendar, and, with the accompanying report, CHARLES WATSON. ordered to be printed. • Mr. L YUAN, from the Committee on Military Affairs, ~lso reported AMANDA CUTLER. adversely the bill (H. R. 4097) for the relief of Charles Watson; which ~fr. HOLMES, from the Committee on Invalid Pensions, also reported was laid laid on the table~ and the accompanying report ordered to be back with an amendment the bill (H. R. 3188) granting a pension to printed. Amanda Cutler; which was referred to the Committee of the Whole CAPT. J. H. GILLIS. House on the Private Calendar, and, with the accompanying report, 11fr. TH0111AS, from the Committee on Naval Affairs, reported baek ordered to be printed. i884. CONGRESSIONAL RECORD-HOUSE. 1499
JOHN R. W .A.LL.A.CE. J.A.MES 1\I. B.A.CON. l!:lr. HOL:l'!IES, from the Committee on Inmlid Pen ions, also reported Mr. GEDDES, from the Committee on War Claims, reported back back with an amendment the bill (H. R. 4439} granting a pension to with favorable recommendation the bill (H. R. 453) for the relief ot .John R. Wallace; which was referred to the Committee of the Whole James JI.I. Bacon; which was referred to the Committee of the Wbole 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. .ADVERSE REPORTS. ADVERSE REPORT. l\Ir. SUMNER, of Wisconsin, from the Committee on Invalid Pen JI.Ir. GEDDES, from t he Committee on War Claims, also reported back sions, reported back adven;elythe following bills; which were severally with an adverse recommendation the bill (H. R. 3198) for the relief of laid upon the table, and the accompanying reports ordered to be printed: George W. Cushman; which was ordered to be laid on the table, and A bill (H. R. 2891) to increase the pension of Mathew 0. Reagan; the accompanying report printed. A bill (H. R. 845) granting an additional pension to Jerome Dane; J .A.l\IES 1\IILLI!\GER. A bill !H. R. 1642l for the relief of Sidney Palen; :Ur. ROWELL, from the Committee on War Cla¥ns, reported back A bill H. R. 1637 for the relief of William J. Sangston; with favorable recommendation the bill (H. R. 2607) for the relief of A bill H. R. 2899 granting a pension to Charles N. Hamilton; James l\1illinger; which was referred the Committee of the Whole A bill H. R. 2896 granting a pension to Robert Vincent; to House on the Private Calendar, and, with the accompanying report, A bill ~H. R. 1643) for the relief of Gilbert W. Hubbell; ordered to be printed. A bill H. R. 3830) granting a pension to James Sheahan; and .ADVERSE REPORTS. A b~ H. R. 4354) for the relief of Augustus Hoffman. .A.LLICI.A. DURRANT. 1\fr. ROWELL, from the Committee on War Claims, also reported back with adverse recommendation bills of the following title; which Mr. BAGLEY, from the Committee on Invalid Pensions, reported a were severally ordered to be laid on the table, and the accompanying bill (H. R. 5457) granting a pension to Allicia Durrant; which was read reports printed, namely: .a first and second time, referred to the Committee of the Whole House A bill (H. R. 3879) for the reliefoftheestateofWilliam Wright, de- on the Private Calendar, and, with the accompanying report, ordered ceased· to be printed. A bill (H. R. 502) for the relief of Elijah Crudgington; and .ANN M'C.A.RNEY. A bill (H. R. 4286) for the relief of Elijah Crudington. Mr. BAGLEY, from the Committee .on Invalid Pensions, also re Mr. STORM, from the Committee on War Claims, reported back with ported baek with amendment the bill (H. R. 3331) for the relief of Ann an adverse recommendation the petition for the relief of the heirs of McCarney; which was referred to the Committee of the Whole House Matthew Allison; which was ordered to be laid on the table, and the on the Private Calendar, and, with the accompanying report, ordered accompanying report printed. to be printed. THOMAS M 1BRIDE. FR.A.NK M. WOODRUFF. Mr. JO~ES, of Wisconsin, from the Committee on War Claims re Mr. BAGLEY, from the Committee on Invalid Pensions, also re ported back with a favorable recommendation the bill (H. R. 1365) for ported back with amendments the bill (H. R. 2467) granting an increase the relief of Thomas McBride; which was referred to the Committee of of pension to Frank M. Woodruff; which wasreferred to the Committee the Whole House on the Private Calendar, and, with the accompanying .of the Whole House on the Private Calendar, and, with the accompany report, ordered to be printed. ing report, ordered to be printed. ADVERSE REPORT. J.A.MES M. ETLER. Mr. ROGERS, of New York, from the Committee on War Claims, re l\Ir. BAGLEY, from the Committee on Invalid Pensions, also re ported back with an adverse recommendation the petition ofW. R. Boice, ported back the bill (H. R. 4163) granting a pension to James M. Etler; of Danville, Ky. ; which was ordered to be laid on the table, and the which was referred to the Committee of the Whole House on the Pri accompanyii:lg report printed. \ 'Vate Calendar, and, with the accompanying report, ordered to be printed. CHANGE OF REFERENCE OF .A. RESOLUTION. \ , DOROTH_E.A. BOTHNER. On motion of Mr. SPOONER, the Committee on Accounts was dis :Mr. BAGLEY, from the Committee on Invalid Pensions, also re charged from the further consideration of the resolution for the relief ported back favorably the bill (H. R. 1084) granting a pension to Doro of Clarence W. De Knight, for services rendered as a page, &c.; and the thea Bothner; which was referred to the Committee of the Whole same was referred to the Committee on Appropriations. House on the Private Calendar, and, with the accompanying report, ROBERT D. THURBORN . .ordered to be printed. .ADVERSE REPORTS. Mr. TUCKER, from the Committee on the Judiciary, reported a bill (H. R. 5458) to remove the disabilities of Robert D. Thurborn, of Vir Mr. BAGLEY, from theCommitteeon Invalid Pensions, also reported ginia; which was read a first and second time, referred.to the Commit back adversely the following bills; which were severally laid on the tee of the Whole House on the Private Calendar, and, with the accom table, and the accompanying reports ordered to be printed: panying report, ordered to be printed. A bill !H. R. 3309) for the relief of William H. Jones; A bill H . R. 4172l for the relief of Peter J. Ruess; JE.A.RUM .ATKINS. A bill H. R. 3323 for the relief of Edward B. Lansing; and Mr. ATKINSON, from the Committee on Patents, reported back A bill H. R. 4546 for the relief of the widow of Wesley Scripture. with a favorable recommendation the bill (H. R. 1115) for the relief of ELLID.A. I. 1\IIDDLETON. Jearnm Atkins; which was referred to the Committee of the Whole House on the _Private Calendar, and, with the accompanying report, Mr. TILLMAN, from the Committee on Pensions, reported back ordered to be printed. with favorable recommendation the bill (H. R. 2702) granting a pen mon to Ellida I. 1\liddleton, widow of the late Rear-Admiral Edward JOINT RESOLUTION SIGNED. Middleton, United States Navy; which was referred to the Committee Mr. NEECE, from the Committee on Enrolled Bills, reported that of the Whole House on the Private Calendar, and, with the accompany they had examined and found dnly enrolled the joint resolution (H. Res. ing report, ordered to be printed. 186) for t.he relief of Frank Galt; when the Speaker signed the same. ADVERSE REPORTS. ORDER OF BUSINESS. , Mr. LORE, from the Committee on Claims, reported back with an The SPEAKER. The call of standing and select committees is com .adverse recommendation the bill (H. R. 1147) for the relief of John pleted. A. Payne; which was ordered to be laid on the table, and the accom Mr. McMILLIN. I move that the House resolve itself into Com panying report printed. mittee of the Whole House for the purpose of considering the Private Mr. VAN ALSTYNE, from the Committee on Claims, reported back Calendar. Pending that motion, I yield a moment to the gentleman with an adverse recommendation the bill (H. R. 2332) for the relief from New York [:M:r. HUTCHINS], who desires to make a statement. of Benjamin F. Jones; which was ordered to be laid on the table, and Mr. HUTCHINS. I wish to give notice to the House that it is my the accompanying report printed. desire on to-morrow to call up for further consideration the naval ap ::\.fr. ELLWOOD, from the Committee on Claims, reported back with propriation bill. .an adverse recommendation the bill (H. R. 1611) for the reliefofCharles Mr. McMILLIN. I now submit my motion . S. Jl.lills; which was ordered to be laid on the table, and the accom The motion was agreed to. p::mying report printed. The House accordingly resolved itself into Committee of the Whole J. T. PICKETT. House on the Private Calendar, Mr. Cox, of New York, in the chair. The CHAIRMAN. The House is now in Committee of the Whole l\Ir. TILLMAN, from the Committee on Claims, reported back with House for the consideration of the Private Calendar. The Clerk will re favorable recommendation the bill (H. R. 3005) for the relief of J. T. port the first bill on the Calendar. Pickett; which was referred to the Committee of the Whole Honse on the Private Calendar, and, with the· accompanying report, ordered to GENER.A.L .ALFRED PLEASONTON. be printed. The first business on the Private Calendar was the bill (H. R. 1101) 1500 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 29, authorizing the President to appoint and retire Alfred Ple~onton a Shortly after his arrival in Utah the news of the battle of Bull Run was re ceived and also orders for the troops to proreed to Washington. Plea anton major-general, reported by :Mr. BAYNE, from the Committee on Military reached Washington in command of his regiment, the Second Dragoons, in the Affairs, with amendments. fall of 1861, having marched 1,100 miles, from Utah to Saint Joseph, Mo., and then The bill was read, as follows: transported the men and horses of the command about the same distance by rail to Washington. Be it enacted, &c., That the laws regulating appointments in the Army be, and When the Army of the Potomac moved to Yorktown Pleasonton's regiment they are hereby, suspended, and suspended only for the purposes of this act; of dragoons formed part of it, and served with headquarters and on detached serv and the President is hereby authorized to nominate and, by and with the ad ice throughout that campaign, sometimes covering a retreat, sometimes in ad vice and consent of the Senate, appoint Alfred Pleasonton, of New York, late vance, but rendered such efficient service that upon the arrival of the Army at a major-general of volunteers in the Army of the United States, brevet major Harrison's Landing Pleasonton was promoted to be a brigadier-general of vol general in the Army of the United States, and thereupon to place him, the said unteers, his rank at that time in the regular Army being that of major. A few AlfredPleasonton, upon the retired-list oftheArmyassuchmajor-general, with days after his assignment to the command of a brigade of cavalry he distinguished out regard and in addition to the number now authorized by law of said re himself in the second battle of :Malvern Hill, capturing many prisoners, and tired-list. showing his ability to fight.cavalry in large masses. He covered the retreat of The amendments were as follows : the Army from the Chickahominy, and was among the. last to embark from Yorktown to Washing1on. On his arrival at Washington General IcClellan In line 11 strike out the words ''such major-general" and insert the words "a assigned him to the command of all the cavalry and horse artillery of the Army; brigadier-general." and it was from this time •hat the Union cavalry began its career of distinction and glory, which it held to the close of the war. Starting in advance of the Army Amend the title so as to read: from Washington, with only one brigade of cavalry and two batteries of hor e A bill authorizing the President to appoint and retire Alfred Pleasonton a artillery ~ Pleasonton defeated the enemy at Poolesville, Barnesville, Frederick brigadier-general. City, ana brought him to bay at South Mountain. He reconnoitered that posi tion, and finding two mountain roads, one to the north and the other to the Mr. McMILLIN. Let the report be read. sduth of illt he suggested turning the enemy by both flanks, which was afterward The report was read, as follows: successfu y accomplished by the Army. Rapidly pursuing, immediately after The Committee on Military Affairs, to which was referred the bill (H. R.1101) the battle, with the cavalry, he overtook the enemy's cavalry near Boonesville, authorizing the President to appoint and retire Alfred Pleasonton a major-gen and after a fierce fight defeated them with severe loss, forcing his way to the eral, respectfully reports: main body on Antietam Creek, at Sharpsburg. While thus actively engaged That the committee has considered this ·bill and reports it with a favorable Pleasonton found time to organize his scattered cavalry, and had shown such recommendation with the following amendment: Strikeout in line 11 the words energy and judgment in doing so that he collected 4.,000 cavalry and formed them "such major-general," and insert in lieu thereof " a brigadier-general;" and into four brigades, and with four batteries of horse artillery he held the center that the title of the bill be amended accordingly. of the Union position throughout the battle of Antietam. He took the advance The Committee on lilitary Affairs of the Forty-seventh Congress made a of the Army into Virginia after the battle, fighting the enemy's cavalry at Mar favorable report on a bill identical in language and import with this one; and tinsburg, Purcellville, Union, Upperville, Barber's Cross-Roads, Waterloo, and tt being believed by your committee that the report so ma{}e adequately sets forth other places, being invariably successful. most cogent and convincing reasons for the passage of that bill, it adopts that In the campaign of Fredericksburg he commanded the first division of cav report in support of the present bill. The report is as follows: alry, on duty with the first grand division of the Army, commanded by Major General Sumner. The battle of Fredericksburg virtually finished that cam c [House Report No.l704, Forty-seventh Congress, first session, to accompany bill paign. r H. R.5525.] In the campaign of Chancellorsville1 Plea-santon went into the field with one The Committee on Military Affairs, to which was referred the bill (H. R. 5525) small brigade of cavalry of three regm1ents and one horse battery, but it was authorizing the President to appoint and retire Alfred Pleasonton a maJor-gen his good fortune to be at the critical part of the field at the proper time ; that is, eral, respectfully reports: where the Eleventh Corps became pani
Potomac give him the men and material he required, and bold him responsible Mr. BAYNE. He was a major-general in the volunteer service and to execute that plan. The President was favorably inelined to ~o so, but ?ther a major in the regular Army. In regard to that I may say it was a spirit influences prevented its consummation, and the result was that m the sprmgof 186! Pleasonton was ordered to the Department of Missouri, at Saint Louis. In of pride, perhaps, to a certain extent, that influenced General Pleason the fall of that year the States of Missouri and Kansas wereL?vaded byGene:aJ ton to tender his resignation. By an unfortunate series of laws enacted Sterling Price with a greatly superior force of cavalry an?- artille~ t
L 1502 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 29, ered to Pleasonton a commission as lieutenant-colonel. I am led to of our defenders during the war of the rebellion or care for those who believe, and I do believe, that because it was not a colonel's commis need that care. I do not understand that I am detracting from that sion Pleasonton declined it. In 1868 he resigned of his own free will, spirit when I stand before this committee and say that for my part I and so far as we know at that time he was a sound, able-bodied man, shall vote to put a mark of distinction upon a man who e services have so much so that he was appointed Commissioner of Internal Revenue ~een so eminent as those of the beneficiary in this bill. It is on this and served as such. ground that I appeal to my fellow-members. Why should we take this man from civil life and place him on there When gentlemen say to me, ''If one man is admitted there will be tired-list of the Army? I :find that two brigadier-generals, five colonels, others," I say, whenever you can present tome a man whose record ot four lieutenant-colonels, and. twenty-three majors, have gone out of the service is as distinguished as that of General Plea onton, and ask me Army since 1868. Every one of them was a meritorious officer, or they as a public man to vote for an expression of respect and esteem which would not have been retained in the service. Are we going to say to shall be adequate, I am ready to vote as soon for such recognition for the people of this country that because an able-bodied man leaves the any other man as for him. Army of his own free will, and after the lapse of ten or fifteen years comes ' Gentlemen say, "By this measure ·you will open the door." How bMJk to us and &'lys, "My career as a civilian has been a failure and wide shall we open the door? How many men have we who have served I want you to put me on the retired-list of the Army "-are we going the country with such distinction as General Pleasonton has? Show to say to the people of the country that we will do that? me how many and then we shall see how many will come into the door I ask gentlemen to understand that instead of giving Pleasonton a that will be opened. For my part I must say I do not think the train pension of 8 a month, or 20, or $25, or even $70 a month, the highest that will come through this open door will ruin this Republic or min that is given in cases of total disability, it is proposed to give him the the Democratic pa,rty if its members happen to vote for this bill. pay of a brigadier-general on the retired-list. A volunteer officer, who I might detain the committee~ ifit were necessary, by recapitulating serv~d during the .war and lost both arms and both legs, receives the the facts of General Pleasonton's career; but the pith of it all is that paltry sum of $70 a month. By this bill it is proposed to put Pleason Alfred Pleasonton has rendered great and distinguished service to his ton on the retired-list of the Army as a brigadier-general and to say in country. His fate as to promotion was not fortunate. I have reason effect that he is more worthy than any of his fellows who lost their to know some of the causes of this, and they were not such as to lower health, their arms, their legs, and their sight, and instead of giving him him in our estimation or in the estimation of other American citizen . a pension of $70 a month we will gi.ve him $4,125 a year. On the contrary, as to the motive of his resignation I know, and my Is that justice? Can we look these poormaimedsoldiersin the face, brethren of the Army on the floor of this House know, that the men who who gave the best of their lives to the service of their country, and say were the most distinguished in the military service were not tho e who to them that we will give this man, notwithstanding he resigned, the were best adapted to get out of it all possible per onal advancement. sum of $4,125 a yea,r, while his poor maimed comrade receives but $840 On the contrary, the man who has rendered valuable service in the field is a year? And it should be understood, as I before said, that in the one not generally the sort of a man that is adapted to hanging around and case there is total disability, and in the other there is none. urging his claims for promotion. I think it pretty clear from the rec The retired-list of the Army is said to be an incubus. Do not gentle ord that Alfred Pleasonton's promotion up to 1866 was in no measure men know, and if not I will refer them to the official reports, that every adequate to his deserts. This being my impression, I honestly and measure of legislation of this kind tends to make it more so? Since candidly think I am right when I say that the fact of General Pleas 1866 there have been restored to the Army one hundred and one men. onton's resignation and his complaints that he was not promoted should Ifwe make a precedent of this kind where can we stop? not in my estimation count against him when I am asked to vote in If there is any prospect of such a bill as this passing, I will offer an favor of this bill. l\Iuch less do I see cause for that ort of prejudice amendment, which I do not see how gentlemen can vote against, that which my friend from Indiana [Mr. STEEhE] appears desirous to excite every case equally meritorious with this shall be treated as you pro when be asserts that General Pleasonton scorned a lieutenant-colonelcy. pose to treat this ease. If we are going to put Mr. Pleasanton on the It ma.y be that he did so. I know ofpeople who had a right to corn retired-listoftheArmy, whynot put every disabled soldier and officer things of that sort. I know of people who were over laughed, while who is totally helpless on the same footing with him? others, and not a few, who did not deserve half so well were promoted. I will reserve the remainder of my time. It does no~ by any means follow that a man who happened to refuse Mr. STOCKSLAGER. I am opposed to this bill, but if any gentle promotion which was offered him showed thereby disrespect to this man desires to speak in favor of it I will wait for the present. great Government or was deserving of punishment. 1\Ir. ROSECRANS. I rise to say a few words to the Committee of :Mr. STEELE. I said that General Pleasonton resigned, according the Whole in favor of the passage of the bill which we have reported to the report, because he found himself below others in relative rank; from our committee for the relief of General Alfred Pleasonton. I am and I undertook to show that he mighthave advanced a gradein July in favor of the bill as an act of recognition for distinguished and pecu 1866, but he refused to a-ccept the advancement. liar services by the gentleman in question. Mr. ROSECRANS. I understand the gentleman. But t.he general After the reading of the report, which details the services of Pleas effect of what he said was to leave a rather unfavorable impression on onton from his first entrance into the Army down to the time when the committee. I am not undertaking to combat it; but I say for my he ceased to have connection with it, it is unnecessary for me to re self that the fact referred to does not have that effect on my mind, but capitulate what is there stated. I do not ask the Committee of the the contrary. Whole to regard this bill as simply providing a support for a formm offi I trust, lli. Chairman, that more need not be said by me. I yield cer of the Army, who, having been worn out in the service, and being a portion of my time to the gentleman fi·om Montana [Mr. MAGINNIS J. without means, comes to us and asks us to prevent him from suffering Mr. MAGINNIS. l!ir. Chairman, there is undoubtedly much force and starvation. in the remark of the gentlemari. from Indiana. [Mr. STEELE] that thel'e If it were placed on the ground of a mere pension, then it would be is a seeming injustice to volunteer officers who served during the war, liable to the objection raised by the honorable gentleman from Indiana and who were horribly wounded or badly debilitated by the accidents [Mr. STEEL1i], although and albeit I do not admirethatkindofobjec of the service, in the fact that they should have to content themselves tion which sometimes :finds excuse for the bestowal of money broad with small pensions, while officers of the regular Army are placed upon cast and at other times withholds with a pinching hand and appeals a retired-list with a comparatively large salary. But for all this, the to the popular cry of economy. ground upon which the retired-list of the Army is founded is firm and Mr. STEELE. May I ask the honorable gentleman to what here tenable. fers when he says that I at any time have voted to bestow money broad Those who went into the volunteer service did so with a distinct un cast? Will the gentleman cite any one instance of the kind? derstanding. They knew that if they survived the terrible incidents Mr. ROSECRANS. The gentleman will excuse me from replying to of war their promotion to higher grades would be rapid in a degree un him now. known to the regular service. They went forth to walk the shining Alfi·ed Pleasonton was known to me when he was in the corps ot fields of glory and to gain such distinction as they might; and when cadets, and his career, as related in the report which has been read, is maimed or wounded or disabled they received the pension that a gen familiar to me. But his services during the war attracted my attention erous country had provided. But experience has taught all nations from the time when he bEloaan to develop a new career for our cavalry. that a regular army establishment is a dire necessity; that as long as It ~es time to harden cavalry for service, and I am aware that they man has anything worth fighting for he must be ready to defend it. had gone through a school of preparation. But the spirit of that young In order to make this establishment effective Government has provided cavalry officer who was placed in command just after the second bat,.. that when a man enters its service young, devotes all his life to his tie of Bull Run, and who continued in command from that time on, duties, trains himself for their performance, and waits upon its order , elicited the admiration ofthe country. And even the Richmond Dis he shall be provided for in his old age, when he is fit for nothing else. patch, referring to the battle between his cavalry and that of Early in This not only out of justice to the individual, but also that the organiza the Shenandoah Valley, said that it was probably a contest between tion be not weighted down with superannuated officers. So that to men the elite of both armies. who enter the service, who remain and devote themselves entirely to it, No inconsiderable portion of that efficiency was due to the military who learn no other business, who are dependent all their lives upon a genius of this cavalry officer whom we now propose to mark with some salary, thereby relinquishing the chances of distinction in ci vi! life and distinction. I do not yield to any man on this floor in zealous advo of winning the fortunes that come to other men, it is part of their con cacy of a broad and liberal policy of recognition for the military services tract that at the end of long service they shall be supported by the Gov-
I 1884. CONGRESSIONAL RECORD-HOUSE. 1503 ernment for the rest of their days. And, Mr. Chairman, this is the dif because he withdrew from the Army at a time when he thought injus ference which lies at the foundation of the retired-list for the regular tice was done him. service as contrasted with the pension-list of the volunteer service of the My friend from Indiana [Mr. STEELE] a while ago said that no injus United States. tice was done, that his relative rank was accoFded, that Colonel Bra-ck But we are now told, sir, that General Pleasonton retired from the ett, who preceded him uponthe.A.rmylistbeforethewar, maintained the .Army. True; but, 1\fr. Chairman, look at bis record and his years of same place only upon the reorganization. It may be so; but certainly service. Graduating before the war with Mexico, appointed a young Colonel Brackett did not achieve the great distinction, did not hold the officer in the forces of our advancing .Army, he followed the flag of his high command, did not fill the great place in the public eye and the . country from West Point to the Halls of the Montezumas. On every patriotic heart of the country that did 1\faj. Gen. Alfred Pleasanton, com battlefield in Mexico he distinguished himself and was repeatedly bre mander of the cavalry corps in the very height and crisis of the war. vetted for gallant conduct. From all of his old commanders, the officers We all know that there were jealousies and friendships, hates and of the .Army who afterward divided and joined one side or the other admirations, that there were personal and sometimes political as well in our late civil war, from all of them under whom he served he re as just and patriotic considerations that much affected the standing and ceived the most unstinted encomiums and the very highest marks of place of officers at the close of the war; that when the .Army reor distinction. ganization took place in 1868 these considerations prevailed in many After the close of that triumphant and glorious war which added so instances, to the mortification of many eminent and deserving soldiers, much to the power and the extent of our country his arduous duties to the loss of rank by some and its gain by others. Pleasanton con were but begun. He was one of the men of that little American army ceived himself abused by that reorganization, and this may ha.ve led him who went out to hold in check and in peace the powerful Indian tribes to think that he could leave the road he had traveled from boyhood and that then dominated the Western plains and held their power in the to try to gain a living and a competency in unknown fields. It is true fastnesses of the ~explored hills-one of the ad vance skirmish lines that his resignation is a legal bar to his taking his place on that retired that marked routes across the trackless plains and opened passes through list where length of service and years of toil and danger would have the frowning mountains that the great army of pioneers might move given him the right to go. But I appeal to the House to consider the on and settle and reclaim the vast areas of the West-one of the dis equities in this case, and to grant him that rank and place which, in tinguished figures who graduated from the line of the frontier army view of his distinguished services, which are not questioned on this and developed and grew into notice and distinction upon the remotest floor:, he certainly deserves a place-a pla-ce among his old classmates borders of the Republic. . and his war-worn comrades, and· that he be provided by the Govern Coming from the wilds of Utah at the summons to the war which ment he served so long, so faithfully, and so honorably with a sustenance shook the hills around us, he received a position in the cavalry forces of for his declining years. [Applause.] · the Army and gave the benefits of his training and experience to the 1\Ir. STOCKSLAGER was recognized. Government and the ge~erals who were endeavoring to shape into an Mr. BROWNE, of Indiana. Will my colleague, before he proceedst army the undisciplined volunteers. It took us longer to create an effect permit me to offer an amendment to this bill? ive cavalry arm than it did to discipline our infantry and organize a .1\Ir. STOCKSLAGER. I will yield to the gentleman for that pur scientific and effective artillery. Indeed, that arm of the service was in pose. ferior during the first year of the war, and in Virginia at least unable Mr. BROWNE, of Indiana. I offer the amendment which I send ro to compete with the dashing and enterprising horsemen of the confed the desk. era-cy that made Ashby noted and Stuart and Rosser famous before the The Clerk read as follows: war was a year old. This effective aid to armies was lost to us in Vir Strike out after the enacting clause and insert as follows: That the Secretary ginia, and much disaster might have been avoided and much advance of the Interior be, and he is hereby, authorized and directed to place the name made if our genru:als had only been provided with an effective cavalry of Alfred Pleasanton on the pension-rolls at the rate of 100 per month, the said to warn them of the movements and check the operations of an enemy p~nsion to begin from and after the passage of this bill. familiar with their own country and amply advised of all our plans. Mr. BAYNE. I raise the point of order on that amendment. So when General Hooker, after the disaster of Fredericksburg, made the The CHAIRMAN. The Chair will feel compelled to sustain the sarcastic inquiry, "Who ever saw a dead cavalryman?" the other over point of order, as it changes the whole character of the bill. burdened arms of the service answered, ''Who, indeed! '' · l\1r. BROWNE, of Indiana. The effect is the same. To the command of this cavalry Pleasanton was assigned. He or The CHAIRMAN. .A. bill to retire an officer is certainly different ganized it, drilled it, equipped it. He formed into proper divisions. from a bill to pension one. He relieved incompetent leaders and picked out to command it .A. verill, 1\Ir. BROWNE, of Indiana. But you accomplish the same result. Custer, Crook, Gregg, Farnsworth, and 1\fackenzie. He made it an The CH.A.IRl\I.A.N. The Chair has taken pains to examine the effect efficient engine of defense and offense; and under these beau-sabres it of the amendment with a view to what should be a proper ruling upon wore out even the splendid cavaliers of Virginia and the gallant horse this point, and must adhere to the ruling already made. men of the South, than whom bolder riders or braver troopers never 1\fr. BROWNE, of Indiana. I think the gentleman from Pennsyl sat in the saddle. The names of the men that he chose for his leaders vania had better withdraw his point of order. otr'hat amendment may shine luminolisly on the dark page of war, and part of the renown that be adopted, but the bill in its present form I think can not. they won must ever belong to the man who organized and led them. 1\Ir. STOCKSLAGER. Ur. Chairman, it is with great diffidence that You all know that among the difficulties of the advance upon Rich I rise to oppose the measure before the committee, and which has re mond was the shelter afforded by the mountains to forces who, coming ceived the sanction of the Committee on :Military .A.ffai.m of this body. down the valleys of Virginia and the Shenandoah, fore"Ver turned the I reyet also to be compelled to differ with my distinguished friend right of our armies and balked the advance upon the forces of the con from California [General ROSECRANS J; but I believe that the principle federacy. Yoa know that under the management of the aulic council involved in this case is a vicious one. I think the precedent which we that was directing the war from this capital how that valley was the would establish were we to place this gentleman upon the retired-list weak spot that baffied all endeavor. Occupied with insufficient force of the Army, taking him up from civil life for that purpose, and :Jt.e and incompetent commanders, the generals we kept there were the most tiring him to a place which he voluntarily relinquished, would be efficient commissaries of the confederate armies, and the troops who simply to open the door not only, as my distinguished friend says, to were periodically routed or captured furnished the other side with ra a similar class, not to that class only who are equally distinguished as tions, ammunitions, and supplies, and with sufficient prisoners to. General Pleasanton, but every gentleman on this floor knows, for it is counterbalance all our captures and make exchanges easy for the South. a well-recognized fact, that there is no body in the world, no court in Even so late as 1864 this capital was almost captured, and Grant's the world, which quotes precedent as readily and adheres to it so strictly army came near being withdrawn from t.he front in consequence of raids as this House of Representaqves, and the moment you open the door, down these valleys and mouniain passes. And when at last General as proposed here, and take a man from the walks of civil life and pla-ce Sheridan closed that road to Wa-shington, and reluctant victory came him upon the retired-list of the Army, because of distinguished services to us on that ground, it was largely the cavalry that Pleasanton had or for any other reason, the effect will be that you will find other men drilled, equipped, and inspirited that made the scenes of Stonewall clamoring for the same thing; the precedents will be quoted, and you Jackson's fame the fields of Philip Sheridan's glory. will be urged to put this, that, and the other upon the roll, and ea-ch :Mr. Chairman, I have seen Alfred Plea onton at the head of 20,000 one of them in his application will be supported by a precedent equally men, and I have seen him lying ill, sick with pneumonia, with scarce strong, until you will have individual after individual, class after class, a servant to wait upon him or a fire to warm him. His proud spirit each one perha.ps a little less meritorious, until the time will not be might object to my mention of his necessities here, but I know that far distant when you will find your civil pension-roll equal to if not he will attribute it to a heart that feels for him. I have known him greater than that of England herself. . in necessity and seen him in misery, and that, too, when the retired Mr. Chairman, I am emphatically opposed to this whole principle of list of the Army is bearing men who achieved their place through taking such cases and making special exceptions of them. Far be it regular gradations in comfortable quarters and easy pla.ces, and who from me to detract one single word from the eloquent statement of the never heard the whistle of a hostile bullet or the boom of the enemy's distinguished services of General Pleasanton which my distinguished cannon. .A.nd others ltre upon it who saw no service other than the friend from Montana has just made. His services are known in the his volunteers, while this distinguished officer, who honored himself and tory of this country; they are known to every school-boy throughout the country for twenty-five of his best years, is denied a place upon it the land; needed no encomium from the gentleman from Montana; 1504 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 29·, and I am not here to detract a single laurel from the brow of General Mr. STOCKSLAGER. Certainly. Pleasonton. But I am here, sir, in my own right as a Representative Mr. MILLIKEN. If the view of the case stated by the gentleman of the people, to oppose a principle which is involved, which I think is from Indiana is to obtain, will it not be a discouragement for the officers vicious, a principle that I believe to be wrong, a principle which is in of the Army to enter into civil life to obtain their own living? And direct violation of the practices of our Government from its foundation as has been suggested by my friend from California [Mr. RosECRANS], to the present time. will it not bean encouragement for them tostillretain their position in What are the faets in the case? Here is a gentleman who held a po the Army and live at the ex:penBe oftheGovernment? -sition in our Army, who voluntarily leaves it. Had he remained he Mr. STOCKSLAGER. I do not know whether it will or not; neither would have been entitled to the great privilegeswhichretired Army offi do I care. I shall not violate what I believe to be a true principle of cers have, and I am not here to oppose them. It is probably right that legislation and a true position for our Government to take, whether it they should have such privileges. I do not oppose the retired-list es encourages or discourages men to leave the Army and give up their retired tablished for the benefit of those men who have been educated by the pay voluntarily. I say it does not make any difference to me whether ·Government for its service in the Army and have served their country they do or not. I think the principle is wrong, and the sooner we set until they are no longer fit for service-worn out as it were in their our foot down squarely upon iii so it shall go no further, the better, I country's service. But the complaint that men in the volunteer service take it, it will be forthepeopleofthe whole country. · do not get as much recognition as the retired officers of the regular Army Did I wish to detain the committee I might go on and enumerate all :receive may have some foundation, and there is no man who will go the inBtances we have in the history of the Government from its founda further toward granting liberal penBions to soldiers in any of our warn tion to the present day where men have been taken from the walks of than I. But I repeat, what are the facts in this case? Here is an officer civii life and pensioned on the Government. The first case was in 1869; in the regular Army entitled to a claim upon the Government had he and in the last Congress we had three or four classes added to the civii continued in the service; a regular appointee of the Government who penBion-list of the country. voluntarily enters the walks of civil life. Now upon what ground are Mr. STEELE. Will my colleague permit me to ask him a question? we asked to restore him? The only ground that is alleged for the resto Mr. STOCKSLAGER. Yes, sir. ·ration is the fact which we all admit of his distinguished services. It is Mr. STEELE. If we should pass this bill sanctioning the principle not based on any other ground. It is not one of the cases which are that officers of the Army after retiring into civil life may come back in sometimes brought before us where our whole sympathies are enlisted; ten or twelve years afterwards and be received in an advance grade, where the man is in poverty and distress, or where we find the widow would it not encourage every officer of the Army to resign to-day ex ofasoldierisinsufferingandwant. No, Mr. Chairman; nosuchreason pecting to be dealt with as this bill proposes to deal with General -appears. But simply because of his distinguished services, or because-of Plea sonton? the suggestion of some other facts which go to show that he was not · Mr. STOCKSLAGER. I think so; and that is a very good answer iustly dealt with, we are asked to retire him at $4,000 per annum, a to the gentleman from Maine [Mr. MILLIKEN]. I refer the question 1miD. more than four times as great as we now pay to the poor soldier to him, but not io answer it in my time. who has lost both his eyes in his country's service and is compelled to Mr. MILI:frKEN. I can not anBwer the gentleman's question in my wander up and down the earth in total darknes'3. time, for I have not any time of my own. Mr. ROSECRAl'rS. I want to ask my young friend from Indiana Mr. STOCKSLAGER. I have said about all I intended to say on {Mr. STOCKSLAGER] one question. Does he think it is to the discredit this subject. I want simply to emphasize my position on this whole. of an officer of the Army that he has enterprise and energy enough to system of placing officers on the retired-list of the Army. It is not be try to earn his living when the time has come that active service is not cause of opposition to the man or to the officer. I do not care whether -demanded? Ought that to be brought up againBt him to his disadvan it be Grant or. Sherman or Slocum or RosecranB or McClellan or any tage? Ought it not to be to his credit? man who distinguished himself during the last war or in any preced Mr. STOCKSLAGER. It is notatall to his discredit, but itmaybe ing war, I will stand here and oppose any such thing. . So long as I greatly t-o his credit. Still, when he voluntarily relinquished all the have a place on this floor I will not consent .that any measure o{ this claims he had on the Government as an Army officer and voluntarily kind shall pass without emphasizing it with my opposition. -entered the walks of civil life, presumably t.h.at he might make more After yielding to the gentleman from Tennessee [Mr. McMILLIN] money or gain greater fame, I do not think he has any claim on the such time as he may desire I will reserve the remainder of my time. Government. If he was disabled in the war, if he was entitled to a Mr. McMILLIN. I want only five minutes. -pension, as my distinguished friend from Indiana [Mr. BROWNE] thinks Mr. STOCKSLAGER. I will yield five minutes to the gentleman. he was, I would vote for that with great cheerfulness, if he came under Mr. McMILLIN. Mr. Chairman, I concur heartily in what has been the pension laws and was entitled to a penBion. said by my friend from Indiana [Mr. STOCKSLAGER] concerning the Mr. ROSECRANS. I will say to my young friend from Indiana I propriety of the passage ofthis bill. If members who have been here had a particular reason for asking him the question I did. I did not for a number of terms will look back over the record they will see that resign from the Army because I expected to make more money. Bnt it has been the persistent course of Congress not to increase the retired I retired iflto private life honestly intending to earn my living inBtead list of the Army more than can be avoided, and never to encroach upon --of sticking to the Government and getting my living out of the Govern civil life to get personB to go upon it. ment. And I had some solicitude to know whether a young and in Let me call the attention of members of the House to the aetion o1 -telligent and conscientious man like the gentleman from Indiana would the Forty-sixth Congress and of the Forty-seventh Congress upon this look upon that as being to my discredit. subject, the former Democratic and the latter Republican. There is a Mr. STOCKSLAGER. Not at all. If the gentleman from Califor distinguished citizen of the United States who held the chief position nia had listened to me he would have heard me say it was not to his in its Army and who held the Chief Magistracy of the Republic for two ·discredit, but was perhaps greatly to his credit. No man has a. greater terms. He left the Army in order to become a civilian, after the late -regard for my friend from California and for the commendable course war, having been educated at West Point. He came here and asked -pursued by him than I have. But as the gentleman has placed him- both of those Congresses to put him back into the Army in order that -selfin the same category, let me say that the principle involved is pre- he might he placed on the retired-list. Has it been done? No. Even -cisely the same as if it was proposed to put my distinguished friend on his distinguished services were not sufficient to cause Congress to turn the retired-list to-day. I do not believe he would ask it or have his back the strong and proper tide running in the direction of keeping friends ask it. Yet it is the same principle which is involved, the only civilianB from applying for places on the retired-list. -difference being that General RosECRANS, and also my gallant friend Was this retired-list in existence when these officers entered the from New York, General SLOCUM, who stands in the same category, Military Academy? If I remember correctly the history of legislation were perhaps both more distinguished officers in the service than Gen on that subject, I anBwer no. What is its condition to-day? Since -eral Pleasonton, and yet neither of these gentlemen, I believe, would t his discussion began I have collated the number of officers who were permit his friends to ask what is asked here. But be that as it may, I on the retired-list of the Army in July, 1883. While many have since -object to this upon principle. been placed on it, I find that it then included six major-generals, twenty I will not yield to any gentleman in his encomiums of General Pleas three brigadier-generals, eighty-two colonels, twenty-nine lieutenant -on ton and his gallant services. That is not what I am objecting to. I colonels, fifty-five majors, one hundred and thirty-twocaptainB, seventy :am objecting to the principle involved in this case of taking men from six first-lieutenants, thirteen second-lieutenants, and twelve chaplains. civil life and quartering them on the Government. We have bills pend According to the legislation of Congress the time comes in the history ing before every appropriate committee in this House to-day proposing of a man's life when he is too old to pray properly for the soldiers, and to take men from civil life and put them on the pension-list or the re we have a retired-list for chaplains as well. tired-list of the Army. I am unalterably opposed to that; and I hope I insist that we shall adhere to proper precedents. Where is this _gentlemen on this side of the House especially will set th.eir face as a thing to stop? Yon start a rivulet to-day, and twenty years hence it flintagainstit. The only precedents we have in thiscountry for plac will be the Mississippi. How ·many are there on this floor who could ing men on the civil penBion-list have been established by the other go on the retired-list with the same or even with more propriety? My -side of the House. Never has such a· precedent been established by the distinguished friend from California (1\1r. RosECRANS), whose services Democratic party, and I hope my friends on this side will never vote are known of all men; my friend from New York (Mr. SLOCUM), dis for anything of the kind. tinguished, and justly distinguished-but I need not take up the time Mr. MILLIKEN. Will the gentleman allow me to ask him a ques of the committee in naming others. I know not what-others may do, tion? but I shall vote againBt this bill. I know how hard it is to resist 1884. CONGRESSIONAL RECORD-HOUSE. 1505
measures which appeal to sympathy. I know, too, how magnificently signing his commission in the Army has pla<:ed himself beyond the .charita8le we often are when using the funds of others. reach of this wise and humane policy. I think not. I think it was 1\Iany men have gone into private life who graduated at West Point. entirely to his credit that he retired from the Army. Whether he re .Some of them are in this Hall, some in the Senate. If we start the signed to enter the civil service or to engage in business pursuits in a. tide to-day, no man can tell when it will stop, or who can turn it back, time of peace, it was a commendable a-ct. ._,r where the line can be drawn. Let us draw the line here and now. We find here a man who has served his country for a quarter of a What is action to-day will be precedent to-morrow, and will be uni century, who is now infirm, suffering from disease contracted in the formly followed the next day. Precedents are dangerous. Let us not military service, unable to provide for himself; and I say, considering establish this evil one now. his great services, especially in the last war, it would be a disgrace to Mr. BELFORD. I remember very well when during the li}St Con the American Congress to refuse to pass this bill and provide for his gress the distinguished economist from Te1messee [Mr. McMIJ.. LIN] de declining years. sired to reduce the salaries of the members of this House. He thought :Mr. WARNER, of Ohio. Mr. Chairman, this bill must rest upon they ought to be anywhere between 3,000 and $4,000 a year. Men one of three grounds: need, or disability incurred in the service, or re who can earn more than the amount that is given to us by law are gen ward for services. If it is placed on the ground stated by the gentle erally broad and liberal. The peanut, cheese-paring statesmen come man last on the floor [Mr. MoRGAN], which is that General Pleasonton from Indiana and from Tennessee. [Laughter.] is not able to take care of himself, it comes before us as a case of need We have had in the history of this world fifteen decisive battles that the case of a distinguished officer unable to provide for himself. Pla<:ed have controlled the current of civilization. We had one in this country upon that ground, it is a case of charity and nothing else. during the last conflict that was decisive of thewhole controversy; that If this claim rests upon the ground of disability incurred by General was the battle of Gettysburg. And I think to-day the loyal, educated, Pleasonton in the service in the line of duty, then it rests upon a ground and intelligent people of the South thank God that the North won in that we can consider. that battle; that this is one country, majestic in its honor, immeasur Mr. ROSECRANS. I wish to say to my friend from Ohio that the able in its power, ancl aJmost infinite in its resources. bill rests upon both those grounds. In almost every battle of note in the history of our war General Pleas Mr. W AR~TER, of Ohio. If General Pleasonton has sustained disa onton used his sword to make this nation one, undivided, and forever bility in the military service by wound or otherwise, then undoubtedly inseparable. I would vote to give him a pension for life as cheerfully he is entitled, under existing laws, to compensation for that disability. as I would vote to give General RosECRANS, that honorable and mag Mr. McMILLIN. But the report does not say that he is suffering nificent soldier, a bounty during his life. from disability of that kind. Gentlemen, let us be generous, not only with regard to the soldiers :Mr. WARNER, of Ohio. If he has been in any way disabled in the who led the Union army, but I will say-and probably the press will military service, then I say he is entitled to compensation for that dis .condemn me for it-the soldiers possibly who led the Southern army. ability. And I maintain that pensions proper have no other ground This is our whole country. We are united to-day. We are all one, upon which they can be supported for a moment. There is no ground .and not two. for a pension but disability incurred in the line of duty in the military When we come to putGeneralPleasonton on the retired-listandgive service. No government in the world but o'UI'S has ever pensioned per .him a reasonable compensation for the valuable services he has rendered sons who have been in the military service upon any other ground than ·the country, do notlet us put ourselves into anypartisanattitude. Let disability, and in only two instances has our Government departed from us reward those at least who have struggled year after year to save our this principle, and these I hold to be bad precedents. ,country. Let us reward those who have enabled us on both sides of If this claim rests upon the third ground, that of n. reward for meri this House, without regard to the late unpleasantness, to enjoy the torious and distinguished services, that is another thing. I could privileges of the Constitution. Let us blend the red rose of the South support a claim on that basis if I were satisfied that the claim had such with the white rose of the North. Let us unite forever and forever exceptional merit as to justify us in voting for it upon that ground. the families of York and of Lancaster, and make this the grandest re And it is true that General Pleasonton has performed meritorious and public that has appeared in the annals of time. distinguished services. I very cheerfully and gladly give him credit · Mr. MORGAN. Mr. Chairii.taD, the gentleman from Indiana [Mr. for brave and gallant services during the late war. But others-hun .STOCKSLAGER] says that the principle involved in this bill is a vicious dreds and thousands of others-performed meritorious and gallant serv ·. one. What is that principle? It is that where a soldier is worn out ices for which they must be content with the compensation which the in the service of his country, disabled by wounds received or disease Government by law has provided. Beyond that they must look for incurred in the line of duty, and unable to provide for himself, the their reward in other directions, and I believe the highest reward Gen ·Government shall then take care of him and not leave him to the cold eral Pleasonton can hope for is the place he has made for himself in charity of the world. That is the principle asserted in this bill. It history, of which he and his country may well be proud. has nothing whatever to do with the creation of a civil pension-list. But that is one thing, and it is quite another to come here. and ask The bill proposes to allow Col. Alfred Pleasonton to be aiJpointed by to be singled out, and especially rewarded in money for distinguished the President to the Army from which he resigned after the war was services, when there are hundreds and thousands who can lay claim to -over and placed upon the retired-list. It is in evidence before the com rewards on the same grounds, to say nothing of disabilities they have mittee that he is an old man, sick, and in broken health, and destitute sustained besides. These others, I say, must all be content with what .of the common necessities of life. Surely, under such conditions; an the law has provided as the money consideration for such services. able and patriotic soldier, who has devoted his best years to the military What was this compensation in the case of General Pleasonton? First, service and who has won distinction upon many hard-fought battle his pay as an officer in the regular Army during n.ll the time he served fields, is entitled to favorable consideration at the hands of his country. in that capacity, and then his pay as major-general of volunteers during The gentleman from Tennessee [Mr. McMILLL.~] wants to know a number of years; and had he remained in the regulr:r Army he would where this thing shall stop. I hope it never will stop. I trust that a.s have been entitled when he reached the prescribed age to go on there long as we have a government it will not fail to provide for an old and tired-list. Now, it may be a little hard that General Plea..o::;onton's act disabled soldier who has worn himself out in its service, and who is by of resignation should deprive him of his right to go upon the retired reason of infirmities incident to age or disabilities incurred in the dis list, but no harder in his than in some other case , and it was his own charge of his duty unable longer to provide for himself. act. It was his choice; and it seems to me when he makes the choice The gentleman refers to the case of General Grant. I will say this: himself he must be concluded by it, although subsequently he may if General Grant should ever come before the American Congress asking wish to reconsider, and if po ible to reverse his previous action. to be placed on the retired-list of the Army because he is unable to take Now, Mr. Chairman, to single out Geneml Pleasonton from all other care of himself this Government would be disgraced if it refused to claimants for bounty, and by an act ex gratia speciali rewarding him promptlycompl~withsuch a request. [Applause.] I for one shall be alone, we thereby set not only a bad precedent, but do injustice to ready to vote, when that time comes, to place him on the retired-list. others by making this distinction. But his case at present is an entirely different one, as are those of the :Mr. MAGINNIS. Will the gentleman from Ohio permit me to ask gentleman from California [Mr. RosECRANS] and the gentleman from him a. question? New York [1\Ir. SLoCUM]. Admitting their distinguished service, they Mr. WARNER, of Ohio. Certainly. are amply able to provide for themselves, and do not require the assist Mr. UAGINNIS. How many are there whose cases are like that of ance of the Government. General Pleasonton? The principle upon which this bill rests is as old as the Government 1\fr. WARNER, of Ohio. Perhaps not many exactly like it, but itself. You can not organize a respectable army of good material un mtmy who would make this case a. precedent for claims for services less you make it the policy of the Government that when your soldiers for which they had not been adequately compensated. Such claims are worn out, disabled by wounds or disease-when the infirmities of are constantly coming here on e\ery conceivable plea, and by passing age come upon them, as in the case of Alfred Pleasonton; when they this bill we will not only establish a bad precedent, but we are under are suffering from impairea health incident to the hardships of their taking to do what I think ought not to be done. military life; when they are unable longer to take ~re of themselves Mr. MAGINNIS. How many are t-here who stand in the same rela the Government shall step in and provide for them. That is the policy tion with General Pleasonton? .of the Government; and it is a just one. J\Ir. WARNER, of Ohio. I do not know. I could not name them The only question remaining is whether Alfred Pleasonton by re- now. XV--95 CpNGRESSIONAL RECORD-HOUSE. FEBRUARY 29,
~Ir. MAGINNIS. You can not name half a dooen. Ur. CUTCHEON. Then I offer the amendment I have suggested as Mr. WARNER, of Ohio. Wherein does hls case differ from that of an amendment to the one proposed by the committee. many others ? It seems to me, sir, that the objection to retiring General Pleasonton Mr. ROSECRANS. It is because they have not the record of Gen with the rank of brigadier-general is a well-founded objection, for the eral Plea.sonton. reason that if he had continued in the service of the country until now~ Ir. WARNER, of Ohio. I think there are many who stand in a posi as appears from the Army Register, he would not have reached that. tion to ask us with as much show of right to be placed on the retired grade. list as General Pleasonton; not perhaps with the same rank, but as col The simple question before us to consider, tken, as presented by this: onels, majors, captains, or lieutenants. There are now before committees bill, is whether or not the fact that an officer has retired from the mili bills asking the House to open the door so as to admit all volunteer offi tary service voluntarily, has for a term of years attempted to gain a cers who were discharged on account of wounds to the retired-list. They livelihood by civil pursuits, shall debar him utterly and completely ask to be taken from the pension-roll and put on the retired-list, and from future recognition? It seems to me that just here we ought to. on the same footing with officers of the regular Army. They claim it make a discrimination between officers of the regular military estab not only for meritorious services, but for wounds also. There is, in my lishment and officers of t he volunteer army. The officer of volunteers. judgment, as much merit in the one case as in the other. In the regu• goes to the succor of his country in a. great emergency. H e under lar service it is true the law provides for the retirement of officers after stands that the employment for which his services are needed is to be a given length of service. It may be held that those serving in the regu but a temporary one, and that when the few months or years for which lar Army serve under a contract with the Government :under which they he enlisted shall pass he is again to return to the pursuits of civil life. are entitled to a certain amount of pay year as salary, and after a speci On the contrary, the officer of the regular Army who enters the service fied number of years or when they reach a given age that they may go of the country from the Military Academy enters it with the distinct • onto theretired-listatanother given rate of pay, and that the whole con understanding that he enters upon a life duty. He not only has spen stit utes their life-pay as officers of the Army. years in preparing, equipping himself for the service, bni by his very I concede to the gentleman from 1\Iontana [Mr. MAGINNIS] the cor preparation and by his subsequent military life he utterly unfits him rectness of his position, that there is the difference he makes under the self for any kindofprivate pursuitsorwalks in life which mightother law between the regular Army and volunteers. But we are not acting wise be open to him. This is a fact that is well recognized. I believe hereunderthat law. GeneralPleasontoncho e himself to take another it is a fact of almost universal observation and recognition that those position, and he voluntarily placed himself in the category of those who who have served in the regular Army in any grade for a term of years· had served as volunteers in the Army. He now comes here and asks never thereafter succeed in the pursuits of civil life. compensation for gallant and distinguished services, not under the law General Pleasonton gradua.ted from the Military Academy in 1844. under which he might have gone onto the retired-list, but outside of He continued in the service of his country from that time throughout that law. And I repeat that if special reward is given to him in this the terrible struggle of our civil war, and when the piping times of way, there are thousands who served in the war with him who may peace again returned, when he found his services as an officer were no. come here on the same plea and say they too had not been adequately longer actually required by the country, he desired to be no longer a compensated for the services they had rendered their country in time of burden upon the country or a burden upon the pay-rolls, and made need. And that might all be true; but we can not go back over all the an honest effort in the pursuits of civil life to gain his own livelihood. years of the war and single out individual cases, and undertake to read But by a service of twenty-four years, after a quarter of a century of just the inequalities and right the wrongs that war produces. And we service in the military establishment, he had disqualified himself to a. ought not, in my judgment, to single out one case to the exclusion of great extent for uccess in bu iness pursuits. His efforts in that direc others. tion failed. The retired-list of the Army I think is already too large. Officers of The simple question before us is, shall this gallant officer, because the Army are permitted to go upon it at too early an age. It has grown nobodydisputeshisgallantry-shall thisdi tinguishedofficer,fornobody to be too large, and I do not think it safe to open the door still wider controverts his title to distinction-shall this man, who bore his full part and permit those to go upon it not entitled under the law to go there. according to his great ability in the military grade for the support and I should much rather myself vote to more rigidly limit and restrict the sustenance of his country, be in a worse ituation because he volun retired-list and the conditions under which officers can get there than tarily for a time attempted to assume his own support than if he had to enlarge the roll already so overgrown. remained in the service of the country during all these years and drawn :Mr. MAGINNIS. Before the gentleman takes his seat I wish to ask his salary from the Treasury of the Government? him a question. For myself I desire to say, Mr. Chairman, that I am prepared to"take· Mr. WARNER, of Ohio. I will yield to the gentleman. the responsibility of voting for this bill as amended in the manner I Mr. MAGINNIS. I do not desire to go into any personal argument, propo e. I am not afraid of that vote. I am not afraid for one to single· but in view of the fact stated by my friend from Tennessee [Mr. Mc out this case, if need be (this is the first case we have reached)-! am MILLIN] that the Forty-sixth Congress refused to put General Grant not afraid to single this out and put this distinguished officer back on on the retired-list, I wish to ask the gentleman from Ohio whether he the rolls, doing thereby an actofsimplejustice to him; and then when and others on this side did not vote to place General Shields upon the we reach the next bill to consider that also on its merits. retirea-list, who never had been any other tban a volunteer officer. Now, 1tir. Chairman, a single word as to the question of national pol Mr. WARNER, of Ohio. I was not in Congress when that question icy. No nation of this world has ever succeeded in existing for any con was up. siderable length of time, in maintaining its rank among the nations of· Mr. MAGINNIS. I will tell the gentleman this, that a Democratic the earth, that did not have and maintain a regularly equipped mili Congress by a large majority voted to put General Shields upon there-' tary establishment. I presume that until the millennium comes it will tired-list. be necessary for the nations of the world to maintain standing armies. Mr. WARNER, of Ohio. Let me say a word further. If in some I apprehend that that time is not yet, and that it never will come when other way the distinguished services of General Pleasonton could be this nation will be without the need of a regular army. Then, as a recognized and fully rewarded I should be glad to favor it, but. I am matter of public policy, as a matter of natipnal justice, when we invite opposed to establishing this precedent, the effect of which or the tend bright young men to enter the Military Academy, to step from thence ency of which will be to open the retired-list as a reward or place of into the ranks of the Army to serve their entire lives in the service of reward for meritorious services. and to such a. list there would be no their country, shall we give them to understand that in that service, end. We must not confound service and disability. It is not safe to after twenty-five years, they shall return to the walks of civil life and go outside of the law to compensate services. It is opening too wide a be of iri.terest to the Government no further? General Pleasonton, with door to do that, and I believe we should restrict pensions to disability his distinguished services in his young and ripe manhood, returned incurred in the service in the line of duty. Service and disability are voluntarily to the walks of civil life. Shall he thereby be debarred for separate and distinct grounds for claims. Pay for service is not a pen that reason from the fostering care and protection of the Government sion. Pensioniscompensationfordisability,andoughtnottobegranted that he served so long, served so well, and served with so much dis as reward for services. tinction 'f For my part, Mr. Chairman, I am ready now to vote for this Mr. CUTCHEON. I rise, Mr. Chairman, for the purpose of offering bill with the insertion of the amendment I have suggested. an amendment to this bill. Mr. STEELE. I only wish to make one or two remarks. In the I move to strike out, in lines 11 and 12, the words '' brigadier-gen first place, I desire to send up a proviso or amendment to the bill, in eral" and insert in lieu thereof the word "colonel." ord.er that it may be pending. This will give.to General Pleasonton the same rank and grade that It is said that this man did not make any money during the war. he would be now entitled to hold if he had remained in the service How many men in this country are suffering from total disability in of the country up to the present time. It does away with the objection curred during the war and are utterly unable to take care of them of some gentlemen upon the floor that General Pleasonton is to gain by selves to-day? Talk about the understanding! If any man in pro- having retired from the service and gone into private life. posing to enter the Army had understood he was to have both legs or The CHAIRMAN. In order that there maybe no misapprehension, both arms shot off do you suppose he would have gone? the Chail' will state to the gentleman from Michigan that the words I move to strike out the enacting clause of the bill. If that motion '' brigadier-general '' do not appear in the bill. There is such an amend is not now in order, I desire that the amendment which I end to the ment proposed by the Committee on Military Affairs. desk be considered as pending. I move that the committee rise and 1884. CONGRESSIONAL RECORD-HOUSE. 1507 report the bill with the recommendation that the enacting clause be Democratic side are ex-confederates, the numbers of that side are welled stricken out. by the deserters from the Republican side. l\1r. BAYNE. I make the point of order that the motions to rise and The distinguished gentleman from California says that he has reason t{) strike out the enacting clause can not be made as one motion. to know some of the causes of Pleasonton's not being duly promoted. Mr. STEELE. Then I move to strike out the enacting clause. He did not tell us what those causes were. Perhaps in some future Mr. BAYNE. I submit that that motion can not be entertained un Congress a bill will be introduced here to give the gentleman from Cal til the bill is before the committee for consideration under the five-min ifornia rank four files in advance of that to which he was entitled iu ute rule. We are now engaged in the general debate. If the gentleman the late war, because some one who may then perchance be on the floo1· from Indiana will have patience I propose to move that the committee will know of some of the causes why he was not properly promoted d ur rise for the purpose of obtaining an order from the House to limit gen ing the late war. eral debate. It is another instance of West Point jealousy, and the associations The CHAIRMAN. The Chair sustains the point of order made by which gather around West Point, and make these men feel a lovely in the gentleman from Pennsylvania. When the first section of the bill terest in each others bills when they come before Congress. But those is reached the motion to strike out the enacting clause will be in order. of us who represent the rural districts, who live in remote localities, can l\1r. BAYNE. I move that the committee rise, my object being to only look at this matter as we do at others. Is it right, I say, when obtain an order from the House to limit debate. you come to square it with the records of the poor private soldiers, who The CHAIRMAN. The question is on the motion that the commit have lo t limbs,· who have lost sight, who have lost health in the service tee do now rise. of their country, who have been poor all their lives, who were poor be The motion was agreed to. fore the war, who left their families on sufferance during the war and The committee accordingly rose; and the Speaker having resumed who have beenalmostpauperssincethewar-whenyou propo etotake the chair, Mr. Cox, of New York, reported that the Committee of the this distinguished man and give him $4,000 ayearwhiletherearehun Whole House had had under consideration the bill (H. R. 1101) au dreds and thousands of that nobler and better class-though not quite thorizing the President to appoint and retire Alfred Pleasonton a major so distinguished-and more patriotic class who are getting nothing for general, and had come to no resolution thereon. their services ? Mr. BAYNE. I move that the House resolve itself into Committee The gentleman from California [Mr. RoSECRANS] says he proposes of the Whole House for the consideration of the Private Calendar. to pla~ a mark of distinction on Alfred Pleasonton. I desire to say Pending that motion I move that all general debate on the pending that if the record made by Alfred Pleasonton during the late war does bill be limited to ten minutes. not place a mark of distinction ~pam him, it does not lie in the power Mr. STEELE. I would like to know if it is in order now to move of any man on that side of the House, or in the power of the whole to strike out the enacting clause of the bill? majority on that side, or the majority of the whole House, to place a The SPEAKER. The bill is not nGw in the House. It is in Com mark of distinction upon him at this late day. mittee of the Whole. Of his own free motion he retired from the Army to take his place The question being taken on the motion of Mr. B.A. YNE to limit gen among the rest of us in civil life and to battle for a living among the eral debate to ten minutes, it was agreed to. people of this nation. In that the gentleman from California says he The motion that the House resolve itself into Committee of the Whole has proved a failure, that he has no business qualifications. I say, if House was agreed to. these thjngs be true we ought to give him a pension, but we ought not The House accordingly resolved it elf into Committee of the Whole to pass this bill. House, Mr. Cox, of New York, in the chair. The CHAIRl\IA.t~. By order of the House all general debate upon The CHAIRMAN. The House, in Committee of the Whole, resumE>.S the bill is closed. The bill will now be read for amendment under the consideration ofthe bill (H. R. 1101) authorizing the President to ap five-minute rule. point and retire Alfred Pleasonton a major-general By order of the The Clerk read the bill, as follows: House all general debate on the bill is limited to ten minutes. Be it enacted, &c., That the laws regulating appointments in the Army be, and Mr. WHITE, of Kentucky. This is a bill to give a salary of about they are hereby, suspended, and suspended only for the purposes of this act; $4,000 to a man who is confessedly a failure as a business man. The and the President is hereby authorized to nominate and, by and with the advice and consent of the Senate, appoint Alfred Pleasonton, of New York, late a gentleman having this bill in charge states that this gentleman, g3llant major-general of volunteers in the Army of the United States, brevet major officer as he was during the w.ar, has no business qualifications. Now, general in the Army of the United States and thereupon t-o place him, the said sir, if that be true, that the gentleman has no business qualiiications, it .A.lfredPleasonton, upon the retired-list ot1 the .Army as such major-general, with out regard and in addition to the number now authorized by law of said retired eems to me that the distinguished gentleman from California [Mr. list. ROSECRANs], with his West Point associations and kindly relations to this gentleman whose bill we are now considering, ought to revolve this The amendment from the Committee on Military Affairs was to strike question in his mind, whether the argument he makes in favor ofGeneral out, in line 11, the words ''such major-general" and to insert in lieu Pleasonton does not lie ~o-ainst an appropriation when the appropria thereof the words ''a brigadier-general. '' tion bill for the l\1ilitary Academy at West Point comes up? A man Mr. STEELE. I ask now to have read the proviso which I indicated who has been educated at the nation's expense, who has rendered dis·· a purpose to offer, in order that it may be considered as pending. tinguished service in time of war, and a few years ago was the Commis l\1r. BAYNE. I understand that the gentleman from Michigan [Mr. sioner oflnternal Revenue, in control ofthat department which collects CuTCHEON] moved an amendment to the amendment of the Committee immense sums of money from the people to defray the expenses of this on Military Affairs. nation-to tell us that we must put such a man on the retired-list four The CHAIRMAN. The amendment to the amendment will be read. files beyond the position which he held when he retired from the service The amendment of l\.fr. CuTCHEON was to strike out ''brigadier-gem onhismotion-thatwe mustgive thatman, not as a common pensioner, era! " and to insert in lieu thereof the word " colonel." but on account of distinguished service-that we must give that nian Mr. STEELE. Is it in order now to have read the proviso which I who has no business qualifications $4,000 a year as a retired officer-! desire to h:;tve pending? desire to say I do not believe that the people of this country will sanc ~1r. BAYNE. It is not now in order. tion any such action, whether we do it under an impulse of generosity The CHAIRl\IAN. There is already pending an amendment to the or whether we do it, as was done a few weeks ago, by correcting the amendment. recordofmenduring the late war. A few weeks ago we undertook to Mr. STEELE. I ask to have my amendment read and con idered set right General Fitz-John Porter, togivehim honor, to givehimrank as pending. that by his traitorous conduct he was not entitled to, and which will Mr. BAYNE. I object: in a short while, perhaps in the next session of Congress if not in this, The CHAIRMAN. There are two amendments now pending. be made to entitle him to back pay of nearly 400,000. Mr. STEELE. This is a proviso. Now the Democratic side of the House, controlled by a majority of ex The CHAIRMAN. Itisinthenatureofanamendment. The Chair confederates in the late war, proposes to rectifythemistakesandshort recognizes the gentleman from Colorado [Mr. BELFORD]. comings during the late war; and this bill is reported by a committee Mr. BELFORD. Mr. Chairman, there is no government on the face of the Democratic House controlled as I have said. of this earth that is as ungenerous, miserly, parsimonious, and stingy Mr. KL~G. The majority of Democrats in this House are from the to the men who have defended it as this American Republic. Its con North. duct justifies the expression that "republics are ungrateful. " When Mr. WHITE, of Kentucky. I stand I think on th'e record when I Wellington conducted his masterly campaign in Spain and afterward say, although that is a digression, that the majority of the Democratic won the wondrous battle of Waterloo he was made a duke of England side of this House were not only sympathizers but active participants and invested with a magnificent estate. When Ney fought the gallant on the wrong side in the late unpleasantness. battles in Italy he was made marshal and enriched out of the funds of l\fr. KING. You are mistaken. The majority of Democrats in this the French Empire. Yet here we are to-day standing in the corruscat House are from the North; and the majorityofthe menwhofoughton ing blaze of national victories, with a Treasury plethoric with one hun the Northern side during the war were D~mocrats, led by Grant, who dred and fifty millions of surplus revenue, and refusing to do justice was a Democrat; by Sherman, who, I understand, was a Democrat; by to a gallant soldier of the Republic. Can we not recognize his great McClellan, who was a Democrat; by Logan, who was a Democrat. services by some financial act? I hold that when a man has faithfully Mr. WHITE, of Kentucky. If it isnot true that the majority of the served his country -we should treat him as the British Go>ernment 1508 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 29,
treats those in its service. When Wolseley went forth to Egypt, con Mr. STEELE. Can that be done except by unanimous consent? quered that country, and came back, England made him a peer of the Mr. BAYNE. Oh, yes. realm, just as it had made Wellington a duke at an earlier period. Mr. HAMMOND. I insist on my point of order. You may talk about the peerage of the immortals, but I do declare The CHAIRMAN. The Chair decides that if the point be mised the that in my judgment men who have served their country should be amendment can not be withdrawn without unanimous consent. treated by us with the same respect and generosity with which they Mr. BAYNE. Why, Mr. Chairman, the gentleman that proposes are treated in a monarchical government. an amendment has the right to withdraw it; has he not? [Here the hammer fell.] Mr. STEELE. Not except by unanimous consent. Mr. HANBACK. Mr. Chairman, I favor the amendment offered by Mr. BAYNE. I think so. the gentleman from Michigan [Mr. CUTCHEON], and shall with great The CHAIRMAN. The gentleman from Pennsylvania will have an pleasure vote for the bill as thus amended because of the gallant serv opportunity in a moment. · ices of General Pleasonton. I believe that it is the duty of the country Mr. BAYNE. The importance of what I wish to say comes in here. to take care of the men who preserved that country. I know as well as The CHAIRMAN. The :first question is on the amendment of the any man here knows-no better-the dependence of the rank and file gentleman from Michigan [Mr. CUTCHEON] to the amendment pro on the men who led the legions of the Union in the late war. Conse po ed by the committee. quently in my belief it is just and right that this man, who spent the Mr. BAYNE. I wish to say that I hope all who are disposed tore best years of his life in the service of his country, should receive this lieve General Pleasonton to the extent of that amendment will vote recognition at the hands of the 9-overnment. I hope tla.e amendment for it. In other words, I am admonished and advised by gentlemen- propo ing to retire him with the rank of colonel will be accepted by the Mr. STEELE. I call the gentleman from Pennsylvania to order. other side, as I know there are numbers on this side who will vote for it. Mr. BAYNE. I am advised and admonished by those who have an I see before me upon the other side of this House a man under whose earnest and a-ctive sympathy for this man and who do not regard the guidance I marched and fought for many a day. We loved him as our snobbery of the Army in preference to doing justice to a gallant soldier leader; and of that grand Army of the Cumberland, scattered tO-day all of this country, who has earned more laurels than all those who are over the country, there is not one man whose heart does not glow and opposing him on this fl.oor-- who e eye does not brighten at the mention of the name ' 'Old Rosy.'' 1\Ir. STEELE. I call the gentleman to order. If ever the time should come to extend to him such a recognition as is The CHAIRMAN. The gentleman from Pennsylvania will come to now proposed in this bill for General Pleasonton, I should vote for it order. most willingly. I believe that General Pleasonton justly d~ervesfrom ])fr. BAYNE. I a.m in order. I am speaking to the amendment. his country to be placed upon the retired-list with the rank of colonel. ]):lr. STEELE. I call the gentleman to order. Mr. JOSEPHD. TAYLOR. Doesthegentlemanadvocate this prop The CHAIRMAN. The Chair has already decided an amendment osition upon the ground that General Pleasonton held the rank and could not be withdrawn in Committee of the Whole House except by drew the pay of colonel at the time of his resignation? unanimous consent, and objection is made. Mr. HANBACK. No, sir; I advocate it with the understanding that Mr. BAYNE. I wish merely to say that I want all friends of the bill he deserved that rank, and if he had remained in the service would to vote for the amendment to the amendment moved by the gentleman bave succeeded to it. More than that, he gave the best years of his life from Michigan [M1·. CUTCHEO~]. [Laughter. J "to the service of his country, and even if he would . not have reached The CHAIRMAN. The Chair will have the rule read. [Laughter. J this rapk, I am in favor of extending it to him so that he may be retired The Clerk read as follows: $a colonel. RULE XXIII. Mr. STEELE. Would the gentleman be willing to put our .soldiers, 5. * * * Neither an amendment nor an amendment to an amendment shall who gave more than their lives to their country, upon an equal footing be withdrawn by the mover thereof 111nless by the unanimous consent of the with General Pleasonton? committee. Mr. HANBACK. I am for pensioning every soldier of the Union- ]):lr. BAYNE. I was in error about that. [Laughter.] '(}very one of them according to his rank. The CHAIRMAN. The question recurs on the amendment to the Mr. STEELE. Will the gentleman vote to put upon the retired-list amendment moved by the gentleman from Michigan, which the Clerk as a brigadier-general every soldier suffering from total disability in- will read. curred in the line of duty during the late war? ·The amendment to the amendment was read. Mr. HANBACK. Whenever the gentleman introduces a bill-- Mr. CUTCHEON. I hope I will have unanimous consent to state Mr. STEELE. I have offered such an amendment to this bill. what the effect of the amendment will be. Mr. HANBACK. Whenever the gentleman introduces a bill to pen- Mr. STEELE. I call the gentleman to order. sion every soldier who bore honorable service for the country in the The CHAIRMAN. The debate is not in order. late war I will vote for it. ])1r. EATON. Has discussion on the amendment been exhausted? The CHAIRMAN. Debate is exhausted. The CHAIRMAN. It has. Mr. CUTCHEON. I move to amend by striking out the last clause Mr. EATON. Then I hope the amendment will pass. ()fthe bill: "without regard and in addition to the number now author- The CHAIRMAN. Debate is exhausted. [Laughter.] ized by law of said retired-list." Mr. CUTCHEON's amendment to the amendmentwas agreed to; and The CHAIRMAN. There are two amendments pending. The gen- the amendment of the committee as amended was then adopted. tleman himself has offered an amendment to the pending amendment. Mr. STEELE. I move to strike out the enacting clause of the bill. Mr. . BAYNE. I rise to oppose the amendment. Mr. BAYNE. I ask the gentleman to withdraw his motion until I The CHAIRMAN. Debate is exhausted. Two speeches have been can make an amendment to perfect the title. I wish to make it cor- made. respond to the amendment just adopted. Mr. BAYNE. I move as a substitute to strike out the last word. Mr. STEELE. Let us :first vote on the motion to strike out the Mr. HAMMOND. I rise to a parliamentary inquiry. Is not debate enacting clause; then if the enacting clause be not stricken out I will ()n the bill and amendments exhausted by limitation of time? move a proviso to be added to the end of the bill. !demand tellerson The CHAIRMAN. The Chair so holds. the motion to strike out the enacting clause. Mr. HAMMOND. Then I raise the point of order that these formal Tellers were ordered; and Mr. BAYNE and Mr. STEELE were ap- amendments are out of order. pointed. The CHAIRMAN. The Chair iUStains the point of order. The committee divided; and the tellers reported-ayes 63, noes 102. Mr. BAYNE. But a substitute is in order. So the motion was rejected. The CHAIRMAN. An informal amendment is not in order. Mr. STEELE. I now move to add the following proviso. Mr. BAYNE. I offer my amendment as a substitute. I do it for the The Clerk read as follows: purpose of hastening a conclusion on this bill. I hope nobody will ob- Provided, That all soldiers of the war for the suppression of the rebellion who ject . are suffering total disability resulting from wounds received in the line of duty Mr. HA1\1MOND. I insist on my point of order that debate is ex- shall also be placed on the retired·list of the Army as brigadier-generals. b au ted by limitation of time. ])fr. BAYNE. I make the point of order against that amendment. The CHAIRMAN. The Chair has so decided. There are two The CHAIRMAN. The Chair sustains the point of order. amendments pending. The Clerk will report the amendment of the Mr. STEELE. I wish to speak to the point of order. gentleman from Michigan [Mr. CUTCHEON]. The CHAIRMAN. The Chair will hear the gentleman on the point The Clerk read as follows: of order. Amend the amendment by striking out "brigadier-general," in the eleventh Mr. STEELE. I can not see, Mr. Chairman, why it is not in order, and twelfth lines, and inserting " colonel." if we can take a man from the civil list and give him two or three pro- ~fr. BAYNE. As I understand, the gentleman from Michigan with- motions who resigned from the Army in a perfectly healthy condition, draws that amendment. so much so that he was appointed as Internal Revenue Commissioner Mr. QUTCHEON. I desire to withdraw it for the time being in · in 1874 and 1875-[cries of." Order! "]-why is it not just as much order that the gentleman from Pennsylvania []):lr. BAYNE] may re- in order to take also from the civil list men who have lost arms and new it. legs and put them on an equal footing with him? Mr. BAYNE. I renew the amendment. Mr. BAYNE. I call the gentleman to order. 1884. CONGRESSIONAL RECORD-HOUSE. 1509
Mr. STEELE. What is it? The Clerk resumed and concluded the reading of the report. It is as Mr. B.A. YNE. The gentleman is not speaking to his point of order. follows: The CHAIRMAN. The Chair sustains the point of order raised by This claim, as herein reported, wa.<> before the Senate Committee on Indian the gentleman from Pensylvania, and he also sustains the point of order Affairs at the first session of the Forty-seventh Congress, and by them thor oughly examined and reported with the unanimous recommendation that it against the amendment that it changes the entire object of the bill in pass. It was al o before the House Committee on Indian Affairs of the last Con favor of a private individual to a general bill referring to a class. gress, considered in the same manner, and unanimously reported with a favor Mr. B.A. YNE. I move now that the title of the bill be amended so ~bl~ recommendation .. This bill also pas~ed the ~enate during said session, but 1t did not reach a vote m the House. Th.is ccmDllttee has had before it in ad as to correspond to the amendment which has already been adopted. dition to the former papers and evidence presented, lengthy petitions fr~m the Mr. STEELE. Would it be in order to have my gallant friend from settlers residing in the vicinity of Lost River, in the State of Oregon,·petition Iowa [:Mr. HENDERSON] who sits here, and who lost a leg in battle, in ing Congress for the passage of this bill. Said petition is signed by many lead ing citizens of that Sta~. chided under the provisions of this bill? This case appears to l5e one of peculiar hardship, requiring special considera The CHAIRMAN. The gentlemanis not in order, as the gentleman tion from Congress. It differs fwm the vast body of claims growing out of In from Pennsylvania is on the floor proposing an amendment. dian depredations. Mainly through negligence and carelessness manifested by the military and other authorities of the United States at the time of this out l\Ir. B.A. YNE. I move that the title of the bill be amended by strik break Mrs. Boddy was caused to suffer the loss of her husband, two sons, and a. ing out the words "major-general " and inserting the word "colonel." son-in-law, and the most of her property, and was driven into the wood and Mr. STEELE. I insist upon my parlimentary inquiry. I ask mountains, and subjected to great physical suffering. Her claim bas been ap proved by the Commissioner of Indian Affairs and theSecretaryofthe Interior whether it would be in order. and reported to Congress with a favorable recommendation for an appropria~ The CHAIRMAN. The gentleman from Indiana will be answered tion. The facts were fully detailed in a report made by Ron. Mr. Deering of in due time. The Chair will now state to him that he can not take the Iowa, from the House Committee on Indian Affairs, in the Forty-seventh c<'>n gress. gentleman from Pennsylvania off the floor for that sort of a suggestion. You~ committee_. aft~r carefully investigating the evidence presented, have The gentleman from Pennsylvania has the floor. fo~n<;l Jt as stated m ~1d report, and _recommend that the bill be amended by :Mr. B.A. YNE. I move that the words "major-general" be stricken striking out the followmg words: "SlX thousand one hundred and eighty dol lars " and inserting in lieu thereof the words" five thousand and four hundred from the title and that the word "colonel" be substitued1 so as to con dollars," so that the amount will conform to the finding of the Interior Depart form to the action of the committee. ment, and as amended recommend the passage of the bill. The CHAIRMAN. The committee will rise to receive a message The former Ho¥Se report is as follows: from the enate. [House Repo"rt No. 1896, Forty-seventh Congress, second session.] MESSAGE FROM THE SENATE. Mr. Deering, from the Committee on Indian Affairs, submitted the following report to accompany bill H. R. 5131: The committee rose informally; and the Speaker having taken the The Committee on Indian Affairs, to whom was r eferred the bill (H. R. 5131) chair, a message from the Senate, by .Mr. SYMPSON, one of its clerks, an for the relief of Mrs: Louisa Boddy, of Oregon, have had the same under consid eration, and submit the following r eport : nounced that the Senate had passed a bill of the following title, in This claim was before the Committee on Indian Affairs of the Senate at the which the ~ncurrence of the House was requested, namely: first session of the Forty-seventh Congress, who, after examining thoroughly, A bill (S. 1199) to amend an act. entitled "A.n act to amend an act reported the same back with unanimous recommendation that it pass. Your committee, after carefully investigating and examining the facts and entitled 'A.n act making appropriations for the sundry civil expenses of evidence presented, have found them as stated in the Senate report No. 650, have the Government for the fiscal year ending June 30, 1878, and for other adopted said report, and recommend the pas.!age of the bill. The Senate report purposes,' approved June 20, 1878." is as follows : . It appears by the petition of 1\Irs. Louisa Boddy that her husband, together GENERAL ALFRED PLEASONTON. with a son-in-law and one grown son, became settlers upon the public lands of the United States, in the valley of Lo t River, in Lake County, Oregon, some The Committee of the Whole resUJD.ed its session. four months prior to the com.mencem~nt of the late 1\Iodoc Indian war, which The CHAIRMAN. The gentleman from Pennsylvania submits a said war began November 29, 1872, and terminated in June, 1873. Long prior t() said settlement the Indian title t{) said lands had been e:1."tinguished l>y a treaty motion to correct the title. with the Klamath, 1\Iodoc, and other Indians, which said treaty was signed Oc :Ur. B.A. YNE. I move that the words ''major-general'' be stricken tober 14, 1864, and ratified by the United States Senate July 2, 1866. Said lands were afterward surveyed by the United States and opened to settlement iu 1869. out from the title of the bill and the word "colonel" be substituted. On the 6th of August, 1872, the Boddy family, consisting of the husband of the The motion was agreed to. petitioner, her son-in-law Nicholas Schira, and wife, who was the daughter of Mr. BAYNE. I move that the bill be laid aside and reported favor the petitioner, and her two sons, one a minor, made settlement on said lands. On the29thofNovember, 1872, the Government undertook, with an inadequate ably to the House with the amendments. Illilitary force, consisting of James .Jackson, First United States Cavalry, and The motion was agreed to. thirty-five men, to remove by force the l\Iodoc Indians from said public lauds. The CHAIRMAN. The Clerk will report the next bill on the Cal where they had been roaming contrary to the injunctions of the Indian agent endar. having charge of them, to the Klamath re ervation. Such an in ignificant force could not and did not. have any effect to intimidate these Indians. 'l'he result Mr. STEELE. 1\fr. Chairman, was there not a motion that the com was that Indian hostilities were at onceprecipitated, and a most cruel slaughter mittee rise? I understood the gentleman from Pennsylvania to move was immediately commenced by those Indians upon the unoftending and un that the committee rise and report the bill the House. suspecting settlers of Lost River Valley, wh-ich slaughter began immediately to after the attack npon Captain Jack's camp byLieutenantJackr;;on on the morn The CHAIRMAN. The motion of the gentleman from Pennsylvania ing of November 29,1872, at early light. Among those who were massacred were was t~t the bill be laid aside to be reported favorably to the House. the husband of the petitioner, her two sons, and her son-in-law, who were peace Mr. STEELE. Undoubtedly the gentleman meant that, but I un ably pursuing the ir usual vocations. The petitioner further states in a graphic manner her discovery of the lifeless derstood him to move that the committee rise for that purpose. forms of her husband and sons, stripped and mutilated, and how, struck with Mr. B.A. YNE. I did not make that motion. fear, she and her daughter fled at once to the neighboring mountains, where. without food or shelter, and t-hinly clad, with snow on the ground, they re LOUISA BODDY. mained for two days before daring to make their way to any friendly shelter. After the massacre the Indians destroyed and carried off all the personal prop The next business on the Private Calendar was the bill (H. R. 1292) erty of the families, embracing horses, sheep, hogs, cattle, poultry, clothing. for the relief of :Mrs. Louisa Boddy, of Oregon. provisions, &c., and also including $829 in gold and silver coin, and burned the houses. The mutilated bodies of those who were killed were afterward recov The bill is as follows: ered and buried at Linkville by the Oregon Volunteers. By this disaster the petitioner was reduced at once fwm a condition of com Be it enacted, &c. 1 That the Secretary of the Treasury be, and he is hereby, authorized and d1rected, out of any money in the Treasury not otherwise ap parative affluence to one of poverty and wretchedness. propriated, to pay to Louisa. Boddy, of-- Cqunty, State of Oregon, the sum The petitioner duly presented her claim for property thus stQlen and destroyed,. of $>,180, in full settlement of her claim against the Government for depreda amounting t{) $6,180, in due form to the Indian Bureau, and placed a duplicate tions committed and property taken and destroyed by the Modoc Indians on or copy thereof in the hands of the local Indian agent. No relief, however, of any about November 29, 1872. kind has ever been received by her. She therefore appeals to Congress. The committee recommend thefollowing amendment: In lines 6 and 7 strike This petition is sustained by the names of one hundred substantial citizens of" out the words "$>,180" and insert in lieu thereof" $5,400." Oregon and residents of Lake County and vicinity, including Jesse Applegate, one of the 1\Iodoc peace commissioners; L. S. Dyar, Indian agent at the time or Mr. HOLMAN. I think the report should be read. the massacre; J. H. Rook, Indian agent at the time of signing the petition; S. The Clerk proceeded to read the report. B. Cranston, register of the United States land office, and Quincy A. Brooks,. assistant quartermaster-general of Oregon Volunteers, who certify " that the Mr. HOLMAN. Before that I would like to inquire whether these facts set forth in said petition are correct and true." reports are printed? I have sent to the document-room and find it is In forwarding to the Indian Department the claim of Mrs. Boddy for d e pre not to be had. dations committed by the Modoc Indians, as before stated1 the local Indiqn The CHAIRMAN. The Chair is informed that the report is printed. agent., Mr. Dyar, wrote as follows t{) the Commissioner of Inaian Affairs: Every report is printed under the rules of the House. :KLAMATH AGENCY, OREGON, .A.pril24, 1876. Mr. HOL1t1A.N. I think it very important that gentlemen should Sm: I inclose herewith papers relating to claims of Mrs. Louisa Boddy and Mrs. Kate Nurse, for depredations committed by the Modoc Indians. obtain the reports on which they are called to act. I sent a few mo I have examined them, and find that the prices charged for hay, flour, groce ments ago to the document-room, but could :find none there. ries, and sheep are not above the ruling rates at the time and place of tbe depre The CHAIRMAN. The Chair will state that under the rules every dations. I am knowing to the fact that these claimants were great sufferers from the 1\Iodocs; that their husbands and other members of their families were mur one of these reports is sent by mail to members. dered, and much of their property destroyed by these.Indisns. Mr. HOLMAN. But still there are reports found in the document I am unable to present the case to the Indians, as required in article 4 of Rules room subject to the call of members of the House. and Regulations of the Department relative to such claims, as the perpetrators are now located upon the Quapaw reservation in the Indian Territory. The CHAIRMAN. The Chair is informed that they are held in the Very respectfully, your obedient servant, document-room as a part of the files of tlie House, and not for distri L. S. DYAR, bution. United St-atu Indian Agem. Hon. J. Q. SMITH, The Clerk will rffiume the reading of the report. C 1510 CONG RESSION .A.L RECORD-HbUSE. FEBRUARY 29, In addition to the foregoing are affidavits of four disinterested citizens, Mr. From all the facts in this case it is quite apparent that the massacre of the set Barter y , John Fritz, Dan. Calwell, and W. S. Bybee, who were the nearest tlers on Lost River by the Modocs, on the 29th of November, 1872, was not the n eighbo rs t o the Boddy settlement, who testified to the amount and character result of an ordinary outbreak of those Indians, but the direct result of the at of the property destroyed as near as the circumstances of the case would adm.it. tack of the United States troops upon their camp on the morning of that day, Mrs. Boddy's own affidavit, made in this city during the present sessionofCon with inadequate force, for the purpose of their removal to the Klamath reserva gr , also gives further particulars and satisfactory account of all the circum tion, whither they refused to go, which attempt upon the part of the military stances of her losses. authority was made without notice to the settlers scattered along Lost River. In view of the premises, and in consideration of the whole case, the Commis Your committee think that this fact makes this an exceptional case, and gives the sioner of Indian Affairs, on request of the Secretary of the Interior, communi claimant an equitable right to relief, and therefore fully concur with the Com cated, under date of 1\Iarch 10, 1882, the following letter, which has been sub missioner in his recommendation that the sum of $5,400 be appropriated for the mitted to the Commit.tee on Indian Affairs, to wit: relief of 1\Irs. Louisa Boddy, widow of William Boddy, deceased. in full com DEPA.RTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, pensation of her losses as hereinbefore stated; and therefore report for that pur Washington, ~[arch 10, 1882. pose the accompanying bill and recommend its passage. SIR: I have the honor to be in receipt, by Department's reference for report, Mr. GEORGE. Mr. Chairman, I move that this bill be laid aside to of a petition (herewith inclosed) to Congress by Mrs. Louisa Boddy, of Lake be reported favorably to the House. County , Oregon, praying for compensation for losses and injuries intlicted by Modoc Indians in November, 1872. A duplicate of this petition, together with Mr. HOLMAN. :Mr. Chairman, I do not propose to oppo e the pas other papers in the case (some of which bad before been in this office, and were sage of this bill, although I think it is a very unusual one. submitted to the Department June 12, 1876, for transmittal to Congress), were also The Government, of course, has never held itself liable for damages filed in thi office yesterday by J. F. Kinney, attorney for Irs. Boddy. These papers are also herewith inclosed. Among them is a copy of the report of perpetrated by Indian tribes for property destroyed by persons not under th1s office, above referred to, of June 12, 1876, upon the claim of Mrs. Boddy, the control of the Gov«;rnment. And yet there seems to be a feature which had been filed in this office for preliminary examination under the laws about the bill and accompanying report that may take the claim now 3nd departmental regulations governing the settlement of Indian depredation claims, and as will be seen, upon the papers then before one of my predeces presented out of this general rule of the absence of liability on the part sors , he a rr11v ed at the following conclusion: of the General Government. In this case the Government was seeking "There is, t herefore, no doubt as to the fact of the depredation, but there is to remove the Indians mentioned in the report from their reservation no reliable evidence in the case to show the extent of it or the amount and v The CHAIRl\I.AN. The question is on agreeing to the amendment. try has repeatedly determined that the Government is not responsible Mr. CRISP. Can I say a word now? in damages for such acts of its officers or agents. No one questions the The CHAIRMAN. Certainly. correctness of my statement of the facts, no one questions or can ques Mr. CRISP. I want to explain the reason why I can not vote for tion my statements of the law, and yet the committee seems inclined this bill. It was stated by the gentleman who advocated it that the in the face of the facts and law to pass this bill. I think such an action contemplated appropriation was purely a gratuity. wrong in principle, and believe that in passing this bill the House will lfr. GEORGE. Oh, no; the gentleman is mistaken. establish a precedent that will result in great expense to the tax-payers :Mr. CRISP. Then 'I shall be glad to have the gentleman explain the ofthis country. reason for the bill, for he has hitherto failed to do so. There has been no I thank the gentleman from Indiana [Mr. HoLMAN] for his kindness statement made on the floor of this House tending to show that there in giving me a part of his time and I thank the commttee for their in was any legal or equitable liability on the part of the Government to dulgence and attention. I only wanted to call its attention to the case reimburse this lady for her losses. I would be glad to have thegentle a.s I understand it, and I have done so. man from Oregon explain the reason why the committee propose in this .Mr. GEORGE. I do not think it necessary to make any further ex exceptional case, as they call it, to make this payment? I ask the com planation of this bill. The remarks of the gentleman from Georgia mittee to examine for a moment what this case is. (Mr. CRISP] are upon an amendment which proposes to reduce the Mr. Boddy, I suppose, was one of that ad venturous and useful class amount from $6,180 to $5,400. There certainly can be no objection to of men who go out on the borders of civilization for the purpose of bet that amendment. tering his condition. He went out there with his family and household As to the main question, if the House desires to bear a full statement goods. The Government, in the exercise of a lawful right, sought tore in regard to this bill of the principles upon which this claim is founded, move the Modoc Indians. The Indians resisted, overcame the troops, principles of law and justice and precedents numbering over one hun and destroyed the lives and property of many of the settlers. Mr. dred passed by the American Congress, !"stand ready to give them at Boddy was killed, much of hi.!:! property destroyed, and this bill is to anytime. pay Mrs. Boddy the value of the property so destroyed by the Indians. Mr. HENLEY. If this House is going to reverse its policy in respect The gentleman from Indiana [Mr. HoLMAN], who is usually found ob to these matters, is to go back on all the precedents of the past, I hope jecting to appropriations from the public Treasury that are not strictly it will not select this unfortunate woman for its first subject. due therefrom, stated that because this was an exceptional case he would Mr. BUDD. So far as this matter is concerned the gentleman from not object. Now, what are the facts which be presents to take it out of Georgia states that he sees no reason why this bill should pass; that the the general rule? Simply that the Government undertook to remove damages sustained in this case should be treated the same as damage these Indians with an inadequate force. I will ask the gentlema,n from in all other cases. But while in other cases where damage is sustained Indiana and any other gentleman on this floor if that gives to these by citizens or persons or property a right of action accrues to the in parties the right to go to the public Treasmy to be reimbursed. i ured party, in the case of Indian depredations the Government of the Is there anything else in this case? Is it true that this Congress is United States, having adopted the Indians as its wards, refuses to allow to vote gratuities to people? Is it true that because a person suffers in action, and the Indians oon commit crimes if they wish and the civil consequence of the wrongful act of officers of the Government the Gov authorities are powerless; no one who has suffered depredations com ernment is to make the loss good? Is that true? mitted by these Indians has any right to proceed in the courts. I say The highest court in this land has decided that the Government is that so long as we have these Indians as our wards we should pay for not responsible for the tortueus ads of its office1'S; that the Government the damages done by them; so long as the Government of the United is not responsible for the illegal and wrongful exercise of power by its States permits these their wards to do damage to persons and prop officers. Now view this case in the most favorable light you can for erty and refuse to allow those who sustain such damage to recover the the applicant, and is it more than that? The Government undertook same from the Indians or their property, so long as it sustains and sup to remove the Modoc Indians. This gentleman had gone with his ports the red man in his crimes and depredations, and so long as it family and property where he had a right to go, on the frontier nea,r stands between the Indians and their victims, it should pay for all dam the Indians. He was doubtless, as I have said, one of that adventur ages sustained. There is a strong equitable if not a legal claim against ous and useful class of men who go out on the borders of civilization. the Government in such cases. This is one of them. for the purpose of making a living. Men who locate in such places Mr. WELLBORN. I desire to say that this claim has undergone the always take their lives in their hands. They always take the risk of investigation of the Committee on Indian Affairs, and I think this bill the destruction of their property. They set their lives and property has been reported unaninlously from that committee. It is fully sus upon a cast and should abide the hazard of the die. But the passage tained by precedents. In reimbursing this widow for the damages which of this &ill will establish a precedent that when men take this risk and she has suffered from these Indian depredations the Government will be are losers the General Government shall reimburse them or their rep doing nothing more than performing a duty toward a citizen which it resentatives for their losses. There is nothing else in the case but that. owes to its citizens. It was the clea-r duty of the Government to re I yield to no man in my sympathy for this good lady. I sympathize strain the Indians on their reservations; that was not done, and because with her and all others who are bowed down with care and impover of that an outbreak occurred during which this damage was sustained. ished by losses. But, Mr. Chairman, all over this land you will find Mr. STEVENS. There is another reason why this bill should pass, meritorious cases that apl}Pal to your pity. and in point of fact that reason will prove that this is not a gratuity on [Here the hammer fell.] the part of the Government. Mr. HOLMAN. I yield further time to the gentleman from Geor Before this depredation was committed, before this damage was sus gia (Mr. CRISP). tained, the :Modocs had certain funds, had annuities, and there were ~h. CRISP. All over this country you will find cases that appeal to stipulations with them under provisions of treaties. After the acts of your sympathy. I ask, Mr. Chairman, if this House is to vote money aggression by them against the United States Government and its citi from the public Treasury for any such reason as that? zens in 1864 those treaty stipulations were canceled, those annuities Why, sir, within a few days past the State in which I live has been were taken away from them, and all the rights, interests, and moneys visited by a cyclone which swept from the face of the earth in a mo which had theretofore been guaranteed to them by the Government re ment, in the twinkling of an eye, the accumulations of years. Those verted ba-ck to the Government. Had that not been done the amount people suffer and many of them are in need. Will you reimburse to pay for the damages in this case could have been taken from the In them their losses? Is there any difference in principle between that dian fund. But the Government has that fund, the Government has case and this? Is it to be understoOd thattheGovernmentofthe United those anrr'u.ities, and having them, there is no reason why the Govern States is to reimburse all those who are unfortunate or all those who ment should not pay this woman for the damages she has sustained. through the unauthorized acts of officers of the Government suffer in It is under these circumstances not a gratuity on the part of the Gov- jury? ernDient. . I only want to call the attention of the committee to the principle 1\ir. HOLl\IAN. I must protest against the proposition submitted involved here. I want the committee to understand it. I can not be that except upon the principle of paying out of the funds due to the lieve from the vote that was just had on this case that the committee Modoc tribe of Indians this is in any considerable sense a legal claim did understand it. I think I have stated the case fairly. Ifthereis a against the United States. It can not be. single reason for paying this sum except on the ground of an appeal to When gentlemen a..o:sume that there are precedents for an appropria sympathy no such reason has yet been given, none occurs to me, and tion out of the national Treasury to pay for spoliations coDimitted by I ask the gentleman to show any such reason if any such exists. None the Indian tribes, I think upon examination it will be found that they other is presented in the report of the committee. In that report the are under an entire misapprehension. The only extent to which the facts are stated as I have given them. But the committee do say therein Government has recognized its liability in such cases has been to tJle that this is an exceptional case. What makes it exceptional? The ex.tent of paying out of the funds held by it in trust for the Indians reason given by the committee is that the Government of the United committing the depredations. Inasmuch as immediately after that out States undertook to remove the Indians with an inadequate force and break the Government annulled the ann¢ties payable to these Indians, failed ·to give the settlers notice. That is all. .And admitting for the revoked them entirely, and has since that time simply provided for sake of the argument that the officers of the Government did wrong, their subsistence from time to time so far as charity and mercy might then it simply makes a case where injury results from the wrongful act require, the position of gentlemen can not be well sustained. ()fa public officer, and, as I stated before, the highest court in this coon- . The only ground upon which I think this claim can rest at all is sim- 1512 CONGRESSIONAL RECORD-HOUSE. ply this: that the Government in attempting to remove the Modoc Mr. BROWNE, of Indiana. The House may charge the committee lndians did not perhaps make use of that degree of precaution in doing with this power. a. very important act affecting the peace and repose of that region of The SPEAKER. The Chair does not think that point of order is country which ought to have been used. In an equitable sense, per well taken. haps, but remotely so, the Government should be held responsible for Mr. BAYNE. I submit that it requires a two-thirds vote to do it. the result. Upon that ground, and that alone, I have been inclined 1tlr. BROWNE, of Indiana. Oh, no. to acquiesce in the passage of this bill without giving it a negative Mr. BAYNE. I do not see how a subject-matter not properly refer vote. But I can not assent to the proposition that the Government of able under the rules to a particular committee can without a suspen the United States is responsible for all of the acts of spoliation com sion of the rules be so referred. mitted by Indian tribes on their reservations. The SPEAKER. The rule, of course, wonld govern the Chair abso :Mr. GEORGE. Mr. Chairman- lutely in making the reference of a bill; but it very frequently hap Many MEMBERS. Vote ! Vote l pens that the House refers a bill to an entirely different committee from V.s: GEORGE. I will call for a vote. the one which the Chair would inppose under the rules had jurisdiction The question was taken upon the amendment reported from the com of it. mittee, to strike out "$6,180" and to insert "$5,400," and it was Mr. BAYNE. I make the further point that the proposition of the agreed to. gentleman from Indiana is not germane to the bill. The CHAIRMAN. The question is now upon the motion of the gen The SPEAKER. That is a different proposition The Chair will tleman from Oregon [Mr. GEORGE] that the bill as amended be laid hear the gentleman on that. aside to be reported favorably to the House. 1\1r. BAYNE. My point is that the proposed instructions undertake The motion was agreed to. in an indirect way to ingraft upon this bill an amendment which failed ORDER OF BUSL."'ffiSS. for want of propriety in Committee of the Whole. To move to instruct Mr. HOLMAN. I now move that the committee rise. It is getting a committee to change a bill from one to retire an officer to one grant ing a pension is an attempt accomplish indirectly what could not be late, and there is be a session of the House to-night. to to accomplished under the rules by direct means. The motion was agreed to. The committee accordingly rose, and the Speaker resumed the chair. Mr. BROWNE, of Indiana. The bill reported from the Committee on 1\filitary Affairs was a bill for the relief of Alfred Pleaso:Q.ten. The Mr. COX, of New York, reported that the Committee of the Whole relief proposed in the original bill was by reinstating him in the Army had had under consideration the Private Calendar, and had directed him to report two bills to the House with amendments, and to recommend and then placing him on the retired-list, so that he might receive certain compensation from the Treasury of the United States. The amend that the amendments be adopted and the bills passed. ment which I have embodied in the propo ed instructions proceeds till ALFRED PLEASONTON. upon the ground of affording Alfred Pleasonton relief in money. The 'l'he :first bill reported from the Committee of the Whole was the bill difference is as to the manner in which that relief i to be given. In (H. R. 1101) to authorize the President to appoint and retire Alfred one case it is propo ed to be given by putting him on the retired-list, Pleasonton a major-general. in the other by putting him on the pension-roll. Now I think it would :Mr. BROWNE, of Indiana. I rise to a parliamentary inquiry. Is require all the ingenuity even of the gentleman from Pennsyl>ania to this bill now at such a stage that I can move to recommit it with in conjure up in his im~oination an objection to this proposition under structions? any rule. Mr. BAYNE. I move the previous question. Mr. MAGINNIS. This is not" a bill for the relief of Alfred Pleas The SPEAKER. Under the rules it is in order to move to recommit onton. ''' The bill provides that he shall be appointed to a certain rank a bill, with or without instructions, even when the previous question in the Army and then pla{led upon the retired-list. As an officer on has been ordered and when the question is upon the passage of the bill. the retired-list he might be, for instance, assigned a an instructor in a 1t1r. BROWNE, of Indiana. If it is in order now, I desire to make college or be called on for the performance of any other duties to which such a motion. an officer on the retired-list may be a.ssigned. The SPEAKER. It is not in order now, because the gentleman from Now, the gentleman's amendment propo es entirely to change the na Pennsylvania [1\Ir. BAYNE] had demanded the previous question upon ture of the bill, not to leave him where he would be under the orders the adoption of the amendment and the ordering of the bill to be en of the Government, not subject to the rules and regulations of there grossed and read a third time. When this question is disposed of, the tired-list, but to put him on the pension-roll. The Speaker must see motion indicated by the gentleman from Indiana ·will be in order. it is entirely a different bill in nature, in principle, and in spirit, if The previous question was ordered. the e instructions are permitted to be voted on is in order. The following amendment, reported from the Committee of the Mr. BROWNE, of Indiana. J\fr. Speaker, if we can not change the 'Vho1e House on the state of the Union, was read: character of a bill, then there is no necessity for its recommittal. The In line 11 strike out the words "such mf\ior-genera.l '' and insert the words " a fact that under the rules we may recommit a bill is to enable us t.o colonel." changeinsomedegree the nature of the act proposed. I submit this as Mr. BAYNE. There is another amendment-an amendment to the reported by the committ.ee originaHy was a private bill. It continues title. under my amendment to be a private bill. It wllS a bill originally for The SPEAKER. That does not come up at this stage. the relief of Alfred Pleasonton. It still continues to be a bill for there The amendment was agreed to; and the bill as amended wa.sordered lief of Alfred -Pleasanton. It was for pecuniary relief. It continues to to be engrossed for a third reading, and was accordingly read the third be of that character under the instructions I propose to give. time. The fact that in one case he goes on the Army retired-list and in tl.te Mr. BAYNE. I demand the previous question on the passage of the other on the pension-roll I confess does not make such a difference as bill. to prevent the House sending the bill back to the committee with in Mr. BROWNE, of Indiana. Pending that,. I move- structions. The SPEAKER. It is now in order to move to recommit. Now, the o~iect of this motion to recommit with instructions, Mr. Mr. BROWNE, of Indiana. I move that the bill be recommitted to Speaker, is to change the cltaracter of the bill and the character of the the Committee on Invalid Pensions-- relief afforded. To be sure, I could not substitute the name of John The SPEAKER. The bill came from the Committee on Military Af Smith for Alfred Pleasonton. It is true I could not change wholly the fairs. character of the relief, but where 1t still proceeds to relieve the same 1\1r. BROWNE, of Indiana. I move, then, that the bill be recom person and practically in the same wa~, to my mind it certainly is ger mitted to the Committee on Military Affairs, with the instructions mane and in order. which I have sent to the desk. Mr. HAMMOND. Will the gentleman permit me to ask him a ques Ur. BAYNE. · I rise to a point of order. tion? The SPEAKER. The Clerk will :first report the motion, after which Mr. BROWNE, of Indiana. Certainly. the Chair will hear the point of order. [A pause.] The proposed in Mr. HAMMOND. Why could you not make a motion entirely dif structions do not appear to be in the possession of the Clerk. The gen ferent from this bill? This is not a motion to amend anything in the tleman from Indiana [Mr. BROWNE] will state them. bill, but to instruct a committee what to do about a certain bill. Why, Mr. BROWNE, of Indiana. My motion is that the bill be recom then, can not you do what you wish to do without regard to its being mitted with instructions that the committee strike out all after the germane? enacting clause and insert: Mr. BROWNE, of Indiana. I do not lrnqw any reason why we can That the Secretary of the Interior be, and he is hereby, authorized and direct-ed not do that if we wish to. to put the nrune of Alfred Pleo.sontc:m on the pension-roll at the rate of 8100 per Mr. HAMMOND. . Ithoughtyou wereconcedingthatpoint. thatthe month. the said pension to begin from and after the passage of this act. House could not do it. The SPEAKER. The gentleman from Pennsylvania will now state Mr. BROWNE, of Indiana. No; on the contrary, I am trying to his point of order. make my point good, even conceding the proposition of the gentleman Mr. BAYNE. I make the point of order that it is out of order to from Montana, and showing to the Speaker that it is a proper motion move to refer a bill to a ooiDDJ.ittee that has not jurisdiction of the sub to submit. ject. Mr. BAYNE. I have only one word to say in support of the point. 1884. CONGRESSIONAL RECORD- HOUSE. 1513 of order which I have submitted. There is something in the nature The SPEAKER. Unless the gentleman from Indiana desires to be and principle of parliamentary law as in the nature and principle of all heard upon the point of order the Chair will decide it now. other laws, and if the proceedings of this House and the Committee of Mr. BROWNE, of Indiana. I made the motion that the House ad the Whole House on the Private Calendar are to be conducted accord journ under a misapprehension, forgetting that there was an evening ingly, then of necessity the proposition of the gentleman from Indiana session for pension business. I move, therefore, that the House take must be ruled out of order a recess until 7.30 o'clock. For this reason, Mr. Speaker: The instruction now proposed, when The SPEAKER. That motion is in order. proposed as an amendment to the bill while it was being considered in The question was taken. The House d.i,vided; and there were-ayes the Committee of the Whole House on the Private Calendar, was properly 38, noes 87. · ruled by the chairman of the committee to be out of order. To come Mr. STOCKSLAGER. No quorum. Let us have tellers. in now and ask the House to do what was improper for a committee to Several1l1EMBERS. No quorum. do, in order to get the end accomplished by another mean , seems to me · The SPEAKER. The point of order being made that no quorum to violate all the principles of parliamentary law. If it shall be ac has voted, the Chair will appoint tellers. cepted as proper and in order under the rules of the House, then there Mr. SHELLEY. I move that the House do now adjourn. will be no end whatever to the course of action which bills may have Mr. TOWNSHEND. Pending that, I ask the gentleman to allow me to submit to. to make a report from the Committee on ApproiJriations. [Cries of It is not in good taste, it seems to me, in view of the action already " Regular order !"J taken by this body; and why? Because a competentCommitteeofthe Ur. MATSON. Pending the motion of the gentleman from Ala Whole House on the Private Calendar has already determined what bama, I move that the House take a recess unt-il the hour fixed for re course this bill shall take by reporting it back to the House with the assembling. recommendation that it shall pass as amended. And now you propose The SPEAKER. That motion is now pending, but the motion to to incorporate an amendment which is not only out of order, it seems adjourn takes precedence. to me, but to be a breach of the privilege of the committee, which is :Mr. RANDALL. I ask the gentleman to give way to permit the that it shall have juri diction on certain definite subjects. gentleman from Illinois, under instructions from the Committee on Ap The SPEAKER. The rule involved in the que tion of order rai ed propriations, to report one of the regular appropriation bills in order by the gentleman from P ennsylvania [Mr. BAYNE] is one of the most to have it printed and referred this evening. • difficult ones the Chair is called on to administer, because it frequently Mr. HATCH, of Missouri. I object. happens it is almost impossible to determine whether the proposed Mr. TOWNSHEND. This is a general appropriation bill. amendment does or does not relate to the same general subject with the Mr. HATCH, of Missouri. I do not care what it is; let us get bill. through with this matter :first. There is no difficulty on the first point made by the gentleman from The SPEAKER. The question is on agreeing to the motion of the Georgia [Mr. HAMMOND], because it has been decided very frequently gentleman from Alabama that the House do now adjourn. that it is not competent for the House to accomplish indirectly in the The House divided; and there were-ayes 57, noes 93. form of instruction what could not be done by an amendment offered 1l1r. STOCKSLAGER. I demand the yeas and ·nays. upon the floor. Mr. TOWNSHEND. I ask my friend to yield to me to present a In the present ca e the bill is one which proposes to restore General bill from the Committee on Appropriations making: appropriations for Pleasanton to the Army of the United States and give him rank and the postal service. pay as a retired officer. The proposition the gentleman from Indiana The SPEAKER. The House is now taking a vote on the question wishes to embody in his instruction is not to restore him to the Army of adjournment. and give him rank and pay as a milit.acy officer of the United States, Mr. TOWNSHEND. It can be done by unanimous consent. but simply to give him a pension, while he still remains out of the mili The SPEAKER. It can. tar-y service. While it is difficult to determine precisely the applica Mr. BAYNE. I object. tion of this rule in all cases, the Chair is inclined to think that this The SPEAKER. The question is on ordering the yeas and nays on does not relate to the same subject with the bill before the House, and the motion to adjourn. that the proposition is accordingly not in order. The yeas and nays were refused, 10 members only voting in favor Mr. BROWNE, of Indiana. I regret to differ with the Speaker. I thereof. linow that he knows a great deal more about parliamentary law than I . So the House refused to adjourn. doror ever will. But as this question has come before the House in Mr. STOCKSLAGER. I demand the regular order. this shape for the first time-for the first time at least within my recol Mr. TOWNSHEND. Will not the gentleman yield to me now to lection-in order to crystallize the action of the House on this subject I report this bill with a view of having it printed? respectfully appeal from the decision of the Chair. Several MEMBERS. Regular order! The SPEAKER. Of course each case must depend upon its own at Mr. STOCKSLAGER. I have no objection to reporting that bill. tendant circumstances, and there can be no general rule laid down dif Mr. TOWNSHEND. The gentleman from Indiana withdraws his ferent from the written rule of the House, which is that such amend objection. ments or motions must relate to the same subject-matter. Mr. BAYNE. I demand the regular order. It is always agreeable to the Chair to have the House pass upon its The SPEAKER. The question is on the motion of the gentleman decisions. · from Indiana [1l1r. BROWNE] that the House take a recess until 7.30 Mr. MAGINNIS. I move to lay the appeal on the table. o'clock. Upon that no quorum voted. The Chair will appoint tellers. The question was taken; and the Speaker decided that by the sound ?11r. BROWNE, of Indiana, and Mr. STOCKSLAGER were appointed the ayes had it. tellers. Ur. BROWNE, of Indiana. I am satisfied that the ayes havo it, but I Mr. TOWNSHEND. Who made the point of no quorum? will ask a division. The SPEAKER. Several gentlemen made the point. The tellers The House divided; and there were ayes 112. will take their places. Mr. BROWNE, of Indiana. The vote is so decisive in favor of sus The House again divided; and the tellers reported-ayes 36, noes taining the decision of the Chair that I shall not call for the other side. 130. The SPEAKER. The ayes have it, and the appeal is laid on the Mr. STOCKSLAGER. . I call for the yeas and nays. . table. On the question of ordering the yeas and nays there were ayes 9-. Mr. STEELE. I move now to recommit this bill with the following not a sufficient number. instructions-- So the yeas and ~ays were not ordered, and the House refused to take Mr. BAYNE. I rise to a parliamentary inquiry. Can there be more a recess. than one motion to recommit? Mr. STOCKSLAGER. I move that when the House adjourns it be The SPEAKER. There can nett; but the motion to recommit of the to meet on Monday next. gentleman from Indiana was held to be out of order. It was not enter ?11r. ROBINSON, of New York. May I ask a parliamentary ques ' t.ained by the House. tion? The Clerk will read the instructions proposed by the gentleman from The SPEAKER. The gentleman will state it. Indiana [Mr. STEELE]. Mr. ROBINSON, of New York. Would this motion, if carried, do The Clerk read as follows: away with the session to-night? Recommit the bill to the Committee on Military Affairs, with instructions to The SPEAKER. It would not. The motion is simply that when the report a bill to place upon the retired-list of the Army all officers and soldiers House adjourns to-day, at whatever time that may be, it shall be to meet who served in the late civil war and were honorably· discharged who are suffer ing from total disabilities from wounds received in the line of duty with the on Monday next. rank of colonel, together with the bill restoring Alfred H. Pleasonton as colonel The question being taken on the motion to adjourn over, there were on the retired-list of the Army. ' ~ 84, noes 80. Mr. MAGINNIS. I make the point of order that that changes the Mr. YORK. I ask for the yeas and nays. bill from a private one to a public one and is not germane. On the question of ordering the yeas and nays there were ayes 42- 1\U'. BROWNE, of Indiana. Pendin~ that, I move that the House more than one-fifth of the last vote. do now adjourn. So the yeas and na_ys were ordered. 1514 CONGRESSIONAL RECORD-HOUSE. .FEBRUARY 29, The question was taken; and there were-yeas 70, nays 147, not Mr. WILLIAMS, of Alabama, with Mr. WASHBURN. voting 103; a.s follows: Mr. POLAND with 1t1r. NICHOLLS. YEAS-70. Mr. PETTIBONE with Mr. YOUNG. Atkinson, Everhart, McCoid, Taylor, J.D. Mr. CLARDY with Mr. DAVIS, of Illinois. Belford, Goff, Ochiltree, Thomas, Mr. DAVIDSON with Mr. MOREY. Bingham, Graves, Parker, Tillman, • Mr. McCOMAS with Mr. SPRINGER. Boutelle, Greenleaf, Peelle, S. J. Tully, Brei tung, Hanback, Perkins, Valentine, Mr. DEUSTER with Mr. GUENTHER. Brewer, J. H. Hart, Reagan, VanEaton, Mr. CAMPBELL, of New York, with Mr. MCCoMAS. BrGwn~T.M. Hatch, H. H. Reed, Wadsworth, Burleign, Haynes, · Reese, Wait, Mr. JOHNS. WISE with Mr. GEORGE D. WISE. Burnes, Hiscock, Robinson, J. S. Warner,A.J. Mr. MULLER with Mr. ADAMS, oflllinois. Cabell, Bitt Russell, Wellborn, Mr. PATrON wit.h Mr. ATKINSON. Campbell, J. M. Houk, Seymour, Wemple, Chase, Houseman, Singleton White, J.D. Mr. FINDLAY with Mr. HEPBURN. Clay, Howey Skinner, C. R. White, Milo Mr. RAY, of New Hampshire, wiilh Mr. MORSE. Cox,W.R. Jones,J.H. Slocrun, Whitin<>' Mr. ROGERS, of Arkansas, with Mr. MILLER, of Pennsylvania. Culberson, D. B. Kean, Snyder, Wise, G.b. Cullen, Lawrence, Stockslager, Wolford. Mr. ROWELL with Mr. RIGGS. Cutcheon, Libbey, Stone, Mr. O'HARA with Mr. EviNs, of South Carolina. Evans,I.N. Lyman, Talbott, M.r. POLAND. The pair announced from the desk to which I am a NAY8-147. party is on all political questions. I did not regard this question as Adams,J.J. Eldredge, Lamb, Rogers,J.H. political, and therefore I voted. Aiken, Elliott, Lanham, Rogers. W. F. Alexander, Ellwood, LeFevre, Rosecrans, POST-OFFICE APPROPRIATION BILL. Bagley, Ferrell, Long, Scales, Barbour, Finerty, Lovering, Seney, The SPEAKER. Pending the announcement of the vote, the gen Barksdale, Follett, Lowry, Shaw, tleman from Illinois [Mr. TOWNSHEND] again asks unanimous consent Bayne, Forney, McAdoo, Shelley, to report a general appropriation bill, in order that it may be printed Beach, Fya.n, McCormick, Skinner, T. G. Bennett, Geddes, McMillin, Steele, and referred to the Committee of the Whole House on the state of the Bisbee, George, Matson, Stephenson, Union. Is there objection? Bland, Gibson, Maybury, Stevens, There was no objection: Blount, ~ascock, Millard Stewart, Charles Brainerd, Halsell, Miller, J. F. Stonn, Mr. TOWNSHEND, from the Committee on .Appropriations, reported Brown,W.W. Hammond, Milliken, Strait, a bill (H. R. 5459) making appropriations for the service of the Post Buchanan, Hardeman, Mitchell, Struble, Office Department for the fiscal year ending June 30, 1885, and for other Budd, Hardy, Morgan, Suznner~,.D. H. Caldwell, Hatch,W.H. Morrison, Taylor,J.M. purposes; which was read a :first and second time, referred to the Com Candler, Hemphill, · Morse, Thompson, mittee of the Whole House on the state of the Union, and ordered to be Cannon, Henderson, D. B. Muldrow, Townshend, printed. Carleton, Henderson, T. J. Murphy, Turner, H. G. Cassidy, Hewitt, G. W. Mutchler, Turner, Oscar Mr. TOWNSHEND. I give notice that I shallcall up this bill im-· Clardv. Hill Neece, Van Alstyne, mediately after the disposition ofthe naval appropriation bill. Clements, Hoblitzell, Nelson, Vance, Cobb, Holman, Nutting, Wakefield, ORDER OF BUSINESS. Connolly, Holmes, Oates, Ward, The SPEAKER. On this question theyeasare 70 and the nays147. Cosgrove, Hopkins, Pierce, Warner, Richard Cox, S.S. Hunt, Peel,S.W. Weaver, The motion is not agreed to. Crisp, Hutchins, Peters, Wilkins, And then, in accordance with the order of the House (at 5 o'ciock and Curtin, James. Pettibone, Willis, 12 minutes p. m. ), the House took a recess until 7 o'clock and 30 Davis,G.R. Jeffords, Poland, Wilson, W. L. min Davis,R.T. Johnson, Post, Winans, E. B. utes p.m. Dibrell, Jones,B.W. Pryor, Winans, John Dingley, Jones,J.K. Pusey, Wood, Dockery, Jones,J.T. Randall, Woodward, EVENING SESSION. Dorsheimer, Ketcham, Ranney, Yaple, The recess having expired, the House reassembled at 7 o'clock and Dunham, Kleiner, Robertson, York. 30 minutes p. m. Ea. ton, Laird, Rockwell, ORDER OF BUSINESS. NOT VOTING-103. Adams, G. E. Dibble, Kellogg, Price, The SPEAKER. The Clerk will report the order of the House under r Anderson, Dowd, King, Rankin, which the session is held this evening. Arnot, Duncan, Lacey, Ray,G.W. The Clerk read as follows:· Ballentine, Dunn, Lewis, Ray, Ossian Barr, Ellis, Lore, Rice, Resolved, That until the further order of this Honse, on each Friday the House Belmont, • Ermentrout, McComas, Riggs, will take a recess at 5 o'clock until 7.30 p.m., at which evening sessions bills on Blackburn, Evins,J.H. McKinley, Robinson, W. E. the Private Calendar reported from the Committee on Pensions aDd the Com Blanchard, Fiedler, Mayo, Rowell, mittee on Invalid Pensions shall be considered. Bowen, Findlay, Miller,S.H. Ryan, Boylet Foran, Mills, Smith, Mr. MATSON. I move that the House now resolve itself into Com Breckinridge, Green, Money, Spooner, mittee of the Whole for the purpose of considering the pension bills on Brewer, F. B. Guenther, More~, Spriggs, th~ Private Calendar, in accordance with the order of the House just Broadhead, Hancock, Morrill, Springer, Brumm, Harmer, Moulton, . Stewart, J. W. read. Buckner, Henley, Muller, Sumner, C. A. Mr. ROBINSON, of New York. Pending that motiqn, I ask unani Calkins, Hepburn, Murray, Taylor, E. B. mous consent that·the bill (H. R. 999) granting a pension to the sole Campbell, Felix Herbert, Nicholls, Throckmorton, Collins, Hewitt,A.S. O'Hara, Tucker, surviving grandchild of the author of the Declaration of Independence Converse, Holton, O'Neill, Charles Washburn, be passed over informally when reached in the Committee of the Whole. Cook, Hooper, O'Neill,J.J. Weller, Mr. STOCKSLAGER. Not to lose its place on the Calendar. Covington, Horr Paige, Williams, Culbertson, W. W. Hura,1 Patton, Wilson, James The SPEAKER. The bill would retain its pla{le on the Calendar. Dar~n, Jordan, Payne, Wise~~.s. There was no objection, and it was ordered accordingly. DaVIdson, Kasson, Payson, WorLnington, The motion of M.r. MATSoN was then agreed to. Davis, L. H. Keifer, Phelps, Young. Deuster, Kelley, Potter, The House accordingly resolved itself into Committee of the Whole So the motion was not agreed to. House on the Private Calendar, Mr. HATCH, of Missouri, in the chair. At 5 o'clock, the fkst roll-call having been completed, The CHAIRMAN. The House is now in Committee of the Whole Mr. STOCKSLAGER said: I see the time has Arrived at which the for the purpose of considming the pension bills on the Private Calendar, House agreed to take a recess. in pursuance of the order of the House read not long since. The SPEAKER. The Chair does not think the roll-call can be in JOSEPH B. SELLERS. terrupted. The first business on the Private Calendar was the bill (H. R. 432) Mr. STOCKSLAGER. That was the point as to which I desired to to increase the pension of Joseph B. Sellers; reported from the Com address a question to the Chair. mittee on Invalid Pensions by Mr. Jr!ATSON. The SPEAKER. The Chair will declare the recess immediately after The bill was read, as follows: the roll-call is completed. Be it ena.cU!d, &c., That the Secretary of the Interior be, and is hereby, author The second call of the roll was then proceeded with. ized and directed to increase the pension of Joseph B. Sellers, who now holds pension certificate No. 34275, to S36 per month, to take effect from and after the The following pairs were announced: passage of this act. Mr. DUNN with Mr. RYAN. Mr. HERBERT with Mr. MCKINLEY. The report was read,· as follows: BELFORD BUCKNER. The Com:m.ittee on Invalid Pensions, to whom was referred the bill (H. R. 432) Mr. with Mr: granting a.n increase of pension to Joseph B. Sellers, have had the same under Mr. EZRA B. TAYLOR with Mr. EBMENTBOUT. consideration, and beg leave to report as follows: Mr. WILSON, of Iowa, with Mr. DUNCAN. This .pensioner lost a. leg below the knee by reason of a gunshot wound re CoVINGTON with SPOONER. ceived m battle near Dallas, Ga., on the 25th day of May, 1864. The amputation Mr. Mr. was made on the day after the wound was received and in the field hospital. Mr. MILLS with Mr. PAYSON. The leg was taken off just below the knee and so near the joint that it has SQo i884. CONGRESSIONAL RECORD-HOUSE. 1515 .affected it that it is impossible for the pensioner t-? wear an ~rtifi~ialleg. The LEVI .ANDERSON. examining surgeon who last examin~d the pensiOner says ~~ his report that "there is a very tender cicatrix, and, oWing to the shape and position of the stump, The next busin~ on the Private Calendar was the bill (H. R. 3625) ·be is unable to adjust or wear an ordinary artificial limb, and, as a matter of granting an increase of pension to Levi Anderson; reported from the fact has never been able to wear one. Besides this, as shown by the reports of Committee on Invalid Pensions with amendments by Mr. MORRILL. 1he ~xamining surgeons, this soldier, on the 3d day of July, 1880, wassixfe~tand four inches high and weighed two htl!l~ed and ~-t~ee pounds. Owmg to The bill was read, as follows: his great weight and the tender condition of the meat~ he could not wear an Be it enacted, &c., That in l-ieu of the pension of $30 per month which Levi -artificial limb even if the amputation hall been more skillful. .Anderson is now receiving under act of Congress approved lUa.rch 3, 1883, for a He alleged in an application for an increase of his pension, the fact that he gunshot wound in the left hip-joint, there is hereby granted to said Anderson bad incurred'hemorrhoidal piles while in the line of his duty in making a severe the sum of $50 per month, commencing from March 1, 1884, on account of said march to Culpeper Court House, Va. But on account of this disability no in gunshot wound in the left hip-joint, and also on account of a gunshot wound in ~rease could be granted him unless it was shown that on account thereof he was the right shoulder, both of said wounds having been received by him in an en gagement with rebel troops at White Oak, Jackson County, 1\Iissouri, and both >totr~! ~=:t~e has no doubt that he should receive as much for the loss of his of said injuries resulting now in total disability of said .Anderson. leg as if it had been taken off above the knee, and also that he should have the -sum allowed him by the examining surgeon for hemorrhoidal piles, to wit, $6 The report was read, as follows: per month, making $36 per month. We therefore recorumend the passage of The Committee on Invalid Pensions, to whom the subject was referred, sub -this-bill. mit the following report: I The Committee on Invalid Pensions, having considered the peti\ion (and pa Mr. :MATSON. move that the bill be laid aside to be reported pers accompanying) of Levi .Anderson, late private in Company .A, Seventh Kan favorably to thE\ House. sas Cavalry, asking an increase of pension, find that said soldier was wounded There was no objection, and it was so ordered. on the 11th day of November, 1861, receiving a bad fracture of the th.igh-bone, the result of a. ffUDShot wound received in the battle at ·white Oak, Jackson CATHERINE HUNTER. County, Missouri. He was treated for two years in the United States hospital and then discharged. The leg is seven inehes shorter than the other, and is useless. The next business on the Private Calendar was the bill (H. R. 1897) He also received a gunshot wound in his shoulder. He was pensioned from the :granting a, pensibn to Catherine Hunter; reported from the Committee date of his discharge at the rate of S8 per month, which was increa ed in 1871 to $15, and in .August, 1872, to 818. In 1882, by special .act, it was increased to $30. -on Invalid Pensions by Mr. MATSON. He now a-sks that he be allowed $50 per month. From the excessive disability The bill was read, as follows: existing, entirely incapacitating him from all labor, we recommend that the bill be amended so as to give him a pension of $40 per month, commencing from Be it enacted, &c., That the SecretarJ: of the Inte~ior be, and is ~e.reby, aut~o~ and after the passage of this act. ized and directed to place on the pensiOn-roll, subJect to the proVISIOns and lum tations of the pension laws, the name of Catherine Hunter, widow of Levi M. The amendments reported from the Committee of the Whole were to Hunter, late a private in Company .A, OJ?e hundred and twentieth Indiana. Vol unteers, from and after the passage of this act. reduce the sum named in the bill from $50 to $40 per month, and to strike out '' March 1, 1884 " and to insert in lieu thereof the wordB The report was read, as follows: ''the passage of this act;" so that it would read: "there is hereby The Committee on Invalid Pensions, to whom was referred the bill (H. R. granted to said .!.nderson the sum of $40 per month, commencing from 1897) granting a pension to Catherine Hunter, have had the same under consider- the passage of this act," &c. .ation, ahd beg leave to report as follows: . This case was sent to Congre s under the joint resolution directing the Com The question was upon agreeing to the amendments. ·missioner of Pensions t-o recommend such cases for the action of Congress as in Mr. HEWITT, of Alabama. I understand from the reading of the his opinion seemed to be meritorious, but not within the operation of the gen report in this case that this man has had his pension increased by act ·erallaws. The claimant in this case is the widow of Levi 1\f. Hunter, who died on the 4th of Congress some four times. He is now drawing a pension of $30 per day of January, 1882, leaving a widow and two children. He had been for a month, the highest pension known under the general law, except where . leng~hy period, just prior to his death, drawing the largest pension known to the the party has lost both eyes, both arms, or both legs. I think that a law, and had been during that time confined to his bed and unable to help him -self on account of rheumatism contracted in the service and in the line of duty. pension of $30 per month is sufficient. "While so confined he was attacked with typhoid fever and died of it. The evi Mr. MATSON. The authorofthis report, thegentlemanfrom Kan ·dence shows that the rheumatism for which he was pensioned would have soon sas [Mr. MORRILL], is absent from the city. Perhaps the report is not produced his death, but as he did not die of that his widow could not be pen sioned. as full as it should have been made. It does not state, nor is it the The Commissioner of Pensions also states in his letter "that the widow is a fact, that this pensioner has received the favor of Congress three or four .deserving person, having during all the period of the soldier's disability labored times. He has received it but once. :to support the family." In view of the foregoing facts, this committee, without hesitation, recommend He was pensioned by operation of the general law first at $8 per i -he passage of the accompanying bilL month, which was then the highest rate allowed; then his pension was Mr. MATSON. I move that the bill be laid aside to be reported increased by general law, not by special act, w $15 per month, and after :favorably to the House. ward to $18 per month. In the last Congress, in 1882, his pension was The CHAIRrtfAN. If there be no objection it will be so ordered. increased to $30 per month. The reason for that was that becauseofa • :M:r. ROBERTSON. I object, and call for a. division on that motion. deficiency in the law th'ere was no provision made for any rate of pen.: sion between $24 and $50 per month. The committee divided; and there wer~ayes 47, noes 2. So (no further count being called for) the motion was agreed to; and This man had reached a stage of incapacity beyond any capacity for -the bill was accordingly laid aside to be reported favorably to the the performance of manual labor, but had not quite reached the degree House. oftotal helplessness which required the regular aid and attendance of N .A.NCY ELLIS. another person, and therefore he was not entitled to the pension of $50 per month for total disability under the general law. The next business on the Private Calendar was the bill (H. R. 2979) • When the ad of the last Congress was passed it was thought that ,-granting a pension to Nancy Ellis; reported from the Committee on $30 per month would be sufficient, but the condition of this pensioner haB Invalid Pensions by Mr. MATSON. gradually become worse and worse, until now, as shown, he appNaches 'l'he bill was read, as follows: so nearly the condition of total helplessness as almost to rf?quire the con Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au stant aid and attendance of another person. He has not reached quite -thorized and directed to place on the pension-roll, subject to the provisions and that condition, because if he had he would receive a pension of $50 a limitations of the pension laws, the name of Nancy Ellis, widow of James Ellis, late a. private in Company G, First Regiment .Alabama Vidette Cavalry Volun month under the general law. He has arrived so nearly to that condi teers, and pay her a pension at the rate of S8 per month. tion that the committee have agreed to fix a rate, which they thought The report was read, as follows: was equitable, of $40 a month. I have said that this report was not quite as full as it should have The Committee on Invalid Pensions, to whom was referred the bill (H. R. been made. I remember the circumstances of the case very well, and :.2979) granting a pension to Nancy Ellis, have had the same under consideration, and beg leave to report as follows: I think that perhaps the gentleman from Kansas [Mr. PETERS J can give Nancy Ellis is the widow of James Ellis, who was a resident of the county of the committee a. full statement of the case. The gentleman who made De Kalb, in the State of .Alabama, up to the time of his death. the report stated to the committee the facts of the case very fully, more It is clearly proven that he was opposed to secession, and escaped from his home to avoid service in the confederate army. He went to Indiana., and there fully than they are given in the report. I move that the bill be laid -enlisted, at the instance of .Allen Lea, who was then second lieutenant of Com aside to be reported favorably io the House. .J>any C, First Alabama Vidette Cavalry, in the United States Army, and who I was detailed to recruit a company for said regiment, to be known as Company Mr. HEWITT, of Alabama. think we ought to have a full House G. After enlisting he was taken to Stevenson, .Ala.., where said Company G to act on a. bill of this character. was being organized, for the purpose of being mustered into the service. On The CHAIRMAN. The first question is upon the amendment re the way he was greatly exposed to intense cold, and died of pneumonia at Stev ported by the Committee on Invalid Pensions. -enson, Ala., in two or three days after his arrival there. When he enlisted he was in good health, and the witnesses speak of him at Mr. MATSON. I will ask unanimous consent that the bill be passed "that time as being the best specimen of manhood and ~ood health among a over informally, so that the gentleman from Kansas [Mr. MORRILL], :targe number of recruits enlisted at and about the same t1me. who, as I have said, is now absent, may have an opportunity to explain Clothing was issued to him at Louisville, Ky., as a soldier of the United States, -and he was buried in the uniform of a soldier of the Union .Army. the matter more satisfactorily at a subsequent session for pension busi .As h~ was not mustered into the service, his widow can not obtain a pension ness or that the bill may take the ordinary course upon the Private 'through the regular channels; but this committee believe that he was to all in Calendar. tents.and purposes a soldier of the Union and that his widow should be pen ilioned. .And as all the above facts are indisputably proven, the passage of the The CHAIRMAN. If there be no objection, the bill will be laid accompanying bill is cheerfully recommended. . aside informally. 1\'Ir. FORNEY. I move that this bill be laid aside to be reported There was no objection, and it was ordered accordingly. :favorably to the House. • . SARAH DAYTON. The motion was agreed to. The next business on the Private CalendM was the bill (H. R. 109...5) 1516 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 29, granting a pension to Sarah Dayton, widow of Erastus G, Dayton; re The bill was read, as follows: ported by Mr. BAGLEY from the Committee on Invalid Pensions. Be it enacted &c., That the Secretary of the Interior be, and he is hereby, au The bill was read, as follows: · thorized and directed to place on the pension-roll, subject to the provisions and. limitations of the pension laws, the name of Robert Nutt, late a. private in Com Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au pany I, One hundred and forty-fourth New York Volunteers. thorized and directed to place on the pensi0111-roll the name of Sarah Dayton, widow of Erastus G. Dayton, late acting ensign under General J. G. Foster, who The report was rea-d, as follows: received a grape-shot wound during the rebellion and died from the effects The Commi~e on Invalid Pensions, to whom was referred the b~ (H. R .. thereof. 2419), beg leave to submit the following report: The petitioner, Robert Nutt, enlisted Augu t 18,1862, inCompanyF, One hun The report was read, as follows: dred and forty-fourth regiment NewYorkVolunteers, and was discharged June The Committee on Invalid Pensions, to whom was referred the bill H. R. 251 1865. Wbile marching from Camp Chase to Camp Morning, in the State of 1025, beg leave to submit the following report: Vuginia, he was injured in the left foot by the rubbing of a shoe, which caused The petitioner, Sarah Dayton, widow of Erastus G. Dayton, asks to be placed a running sore that never hen.led, and which eventually rendered amputation upon the pension-rolls for t.he loss of her husband, who performed meritorious necessary. The amputation was made about'six inches above the in tep, on the- service in the late war. Captain Dayton's bravery at Newbern and Roanoke 3d day of February, 1875. Nutt was treated by the regimental surgeon in camp,. I land proves that he was incited by the purest patriotism, and was willing to and by other sur~ons, but without favorable result. His ea. e was rejected. risk his life in defense of his country.· At the time he received tile wounds, by the Pension Office on the ground that the injury to the foot was received in which undoubtedly resulted in his death, he was not an enlisted man, but was childhood, and it is alleged that this was the origin of the disease that neces-· in command of the United States schooner Highlander, engaged in the trans sitated the amputation. porta tion of troops and munitions of war. Captain Dayton, with twelve men The evidence, however, iJ:J not sufficiently strong to warrant this conclusion. selected u:om his own crew, went. on shore with a 12-pounder Wiard gun, and On the contrary, it is shown that the trouble in the foot, in hit; earlier years, was with almo t superhuman exertions, succeeded in placing his piece in position overcome, and that it became to all appearances perfectly sound. Admitting it. first, and sturdily maintained his ground. General Foster ordered him up to to have been the remote cause, it was greatly aggravated by service in the field ~ . dismount a gun, and he found six guns all pouring a raking fire upon him. and long, continuous marches; without which aggravation the man would not During the action he was struek by a grape-shot in the breast. The wound, have lo this foot. Abundant evidence is adduced to show that the petitioner a.t the moment, was not suppo ed to be serious, but subsequent examination did suffer as alleged while in the .Army. It is al o shown by many of his neigh- proved two ribs to be broken. He resigned and went home in poor health, in bors and others who employed him before the war that no uisability of the foo , August, 1862. was observed, and that he was perfectly able to perform manual labor. Al- In 1\Iarch, 1863, supposing himself sufficiently strong to again engage in his though the injury to the foot occurred in October, 1862, Nutt continued in the country's service, he accepted the appointment of acting ensign in the Navy, service, the sore being constantly irritated. Your committee are of the opinion. and was ordered to the gunboat Wissahickon, stationed off Charleston. During that as this soldier served faithfully three years in the .Army\ and that the origin• the night assault on Fort Sumter, September 8, 1863, he was captured, and kept of the disabili~ was caused while in said service, he shou d be recompensed,. as a prisoner ovm· thirteen months. Upon his release he obtained leave of ab and therefore recommend the passage of bill H. R. No. 2419. sence for three months, and, although suffering from troubles in the chest and side, induced by the wounds received at Newbern, determined to again join the Mr. HEWITT, of Alabama. Why could not this man receive a pen fleet, although urged by his friends not to do so. He was on thegunboatNereus sion under the general law? at the storming of Fort Fisher, volunteering again for shore duty, and was among the few who remained and did service as "sharp-shooters." Ur. BAGLEY. The application was rejected at the Pension Office In March, 1865, he re igned, broken in health. The evidence is strong that on the ground that the injury which necessitated amputation was origi Dayton's wounds·at Newbern and exposure and privations in Southern prisons nally received in childhood. But the evidence of the attending physi produced pulmonary difficulties that caused his death. This man's bravery and 0 cians went to show that the difficulty which had arisen in childhood ~r!~~f~~i~o~!~tl: :~~~~d~tibi~c~~~~~!~~~~r~ ~:~;~o:eh~~=~~l was subsequently overcome, and that the injury which rendered ampu- General Burnside wa.'l especially interested in his case. He never applied for a tation necessary was caused by the rubbing of the shoe while the man nension, and died in 1879. Hiswidow, who is quitedestitutenow,asksaidfrom the Government for herself and children as a partial recompense for his services was marching during service in the Army. We examined the evidence· and her loss. Yourcommittee, recognizingthejusticeoftheclaim, recommend carefully and thought it conclusive upon this point. the pa.ssa.ge of bill H. R.1025, with the following amendment, after the last word, Mr. COX, of North Carolina. Whydidnotthe CommissionerofPen as follows: " And that he be paid the pension of a. widow of an ensign in the Navy." sions take that view of the case ? Mr. BAGLEY. The gentleman will remember that the Pension Of The following amendment, reported from the Committee on Invalid fice is very particular in regard to receiving affidavits given by physi Pen ions, was read and agreed to: cians who have attended in cases coming-before the office. .Add to the bill the following: " .And that she be paid the pension of a. widow A MEMBER. They should be particular. of an ensign in the Navy." Mr. BAGLEY. I admit it. But while the examining surgeons in Mr. BAGLEY. I move that the bill as amended be laid aside to be this case were not willing to accept the conclusions of these attending: reported favorably to the House. physicians, the committee believed that these physicians testified truly? There was no objection, and it was ordered accordingly. and that the injury which necessitated amputation was received in the-- MILES B. FARLIN. Army. It is possible, of course, that these physicians may have erred. and that the conclusions of the examining surgeons should be accepted; The next business on the Private Calendar was the bill (H. R.l076) but this man served faithfully, and in the opinion of the committee is granting a pension to Miles B. Farlin; report.ed by Mr. BAGLEY from entitled to a pension. the Committee on Invalid Pensions. Mr. HEWITT, of Alabama. Is not this a mere difference between The bill was read, as follows: the Pension Office and the committee as to the effect which should be Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au thorized and directed to place on the pensioq-roll, subject to the provisions and allowed to certain evidence? limitations of the pension laws, the name of Miles B. Farlin, late a private in Com Mr. BAGLEY. Thatmaybetrue; butthegentlemanshouldremem pany C, Thirty-first Regiment Massachusetts Volunteers, in the war of the rebell ber that most of these cases coming before the Committee on Invalid Jon. Pensions are cases which have been rejected by the Commissioner ol The report was read, as follows: Pensions. We are not bound, as the Commissioner is, by the strict The Committee on Invalid Pensions, to whom was referred the bill (H. R. letter of the law. The committee bases its opinion upon evidence which 1076) beg leave to submit the following report: it deems trustworthy. We regard this case as meritorious, and I hope The petitioner for who e benefit House bill1076 is introduced enlisted Decem ber Zl, 1861, in Company G, Thirty-first Regiment Massachusetts Volunteers, there will be no objection to it. and while on duty at Mansfield, La.., and at the battle of Sabine Cross-Roads he The CHAIRUAN. If there be no objection, this bill will be laid was taken prisoner, and sent to the prison stockade, Camp Ford, near Tyler, aside to be reported favorably to the House. Tex., where he was for about three months, and owing to the exposure and pri vations of his imprisonment his health was broken down, which resulted in There was no objection, and it was ordered accordingly. rheumatism of the heart and other difficulties. The march of about two hundred miles from the plaee of capture to the stockade, over the hot sands, produced WILLIAM J. LEE. trouble in the feet, which became so swollen tha.t he could not wear a. boot or The next business on the Private Calendar was the bill (H. R. 1073) hoe for six weeks, and this difficulty has not yet disappeared. There was no hospital at Tyler, a.nd the confederates appropriated the chest. of medicines sent granting a. pension to William J. Lee; reported by :Mr. BAGLEY, from for the prisoners by General Banks. the Committee on Invalid Pensions. The family physician certifies that Farlin has disease of the heart and general The bill was read, as follows: rheumatism, and also that his condition is such that he is able to perform but little labor and is not able to support his family. Be i.t enacted, &c., That the Secretary of the Interior be, and he is hereby, au-. Rev. Theodore F. Burnham, pastor of the church of which Farlin is a. mem t-horized and directed to place on the pension-roll the name of William J. Lee. ber1 certifies to the good character and standing of the petitioner, and says that, late confidential scout and guide, headquarters .Army of the Potomac, subject to. owmg to certain disabilities received while in the United States service, he is the provisions and limitations of the pension laws, as though he had been regu unable to support him:;elf. larly mustered into the United States .Army. The case was not allowed by the Pension Office because of the inability to ob tain the evidence of officers and comrades, who could not be found. The report was read, as follows: The committee think that because of this petitioner's services and suffering The Committee on Invalid Pensions, to whom was referred the bill H. R.1073,.._ there is sufficient ground for granting him a. pension, a.nd therefore recommend ask leave to submit the following report: the passage of House bill1076. The petitioner, William J. Lee, was a scout in the late war, and rendered val uable and perilous service. The case is well stated in the affidavit of Deputy Mr. HEWITT, of Alabama. Is this bill in the ordinary form? Provost-Marshal-General George H. Sharpe, .Army of the Potomac, who says: Mr. BAGLEY. It is. I move that the bill be laid aside to be re "I am well acquainted with William J. Lee, and have known him many years. .About 1\I.arch, 1864, I was deputy provost-m.a\'shal-general, Army of t~e Poto ported favorable to the House. mac; that said Lee was under my lDlDlediate command, and was on duty under- There was no objection; and it was. ordered accordingly. ~~~!~~~ ~~~fb~~: :~~~[e~t~a 0:dt~~o~~~~ydid~~tnf:a!f.er~~~!l~fs~~ ROBERT NUTT. or the permanent disability to which he refers, as he was constantly expo ed_ The next business on the Private Calendar was the bill (H. R. 2419) while on said duty as scout in crossing and recrossing the Rappahannock and: granting a pen. 'or. Tuliafero's af?da:vit says: was a. healthy man and free from rheu- and attended with much exposure to health as well as personal danger. I hope "~~e you ma.y yet get your pension. matism before serv1ce m the Army. . h John Langdon, chief _of sco?ts, testifies that the claunant contracted r euma- Very truly, yours, U.S. GRANT. tism in March, 1864, whtle actmg as scout. . . . t c Christian druo-o-ist says that Lee has bought medtcmes for rheumatism a WILLIAM J. LEE. various times duril~g th~ last ten years o~ him, and the cla.iJ?lant says he is still Mr. BAGLEY. I also ask the Clerk to read another paper which i!ufferino- nnd under treatment for the disease. Lee no~ be~ng an officer or ~n listed m'an, had no title to pension, and hence the reJeCtion by the PensiOn will strengthen this case. 0 The Clerk read as follows: committee are of opinion that it is a meritorious case, and recommend the ~];!· OFFICE OF ATTENDING SURGEON, AND passage of bill II. R 1013. UNITED STATES ARMY DISPENSARY, 1\Ir. COX, of North Carolina,. As I understand, t~ man was not an Washington, D. C., May 13, 1882. I certify that William J. Lee, late confidential scout at headquarters Army o ~nlisted man. the Potomac, has been under medical t>-eatment for rheumatism of the rx:ctoral Mr. BAGLEY. No, sir. muscles intercostal muscles, and muscles of the shoulders and back. This man M:r. COX, of North Carolina. Why not? perform'ed service in the line of duty under circumstances of great exposw·e to Ir. BAGLEY. He was employed as a scout, and was never regu wet and cold weather, night and day, and so far as I am acquainted with the history of his case, ~tis trace!l back to the J?6riod of his active ~ilitary service larly enlisted in the service. We have occasionally passed cases of this in November, 1863, m the Wme Run campaign to Decem:~siL865NORRlS, kind heretofore. l\1r. STEELE. I think the passage of this bill would ?e. a dan~er SurgecYn, United Stares AT'1'1t1f. The foregoing is a. true copy. <>US precedent. I do not see why we should inaugurate a ,Clvil pensiOn BASIL NORRIS, list. If we establish this precedent every ~an who w~ eJ?ployed on Surgeon, UnitedSW.tes Army. a naval vessel or transport during the war will be comm~ m he!e and WASHINGTON, D. C., January 31, 1884. demandino- a pension; and in many cases such persons will be JUSt as Mr. BAGLEY. I yield now to the gentleman from Wisconsin, who much entitled to a pension as this man Lee. . . desires to make a statement with reference to this subject. Mr. Lee preferred to be a scout beca11se he re~wed more pay f0~ hiB l\1r. JONES, of Wisconsin. Mr. Chairman, I wish simply to make services. He had the choice of becoming an enlisted man and entitled a brief statement, as I think gentlemen have not quite a correct idea, all to receive a pension but he preferred to he a civilian, to go and come of them, about the scope of the Jaw bearing upon this subject. I hap when he pleased, and to receive a greater compe~tim~. For thatrea pen to know of one instance since I came here concerning the ruling ~n without extending my remarks, I hope the bill Will not pass. of the PellBion Department upon a similar subject. It was this: A Mr. ROSECRANS. The gentleman from Indiana has made a state persononawar vessel, whowas not an enlisted soldier at all, was either ment in regard to this matter which ought not to go uncorrected. Now, wounded or killed, I do not now remember. His pension claim was Mr Chairman it is not a fad that as a rule people who were scouts brought before the Pension Department and was rejected. It was we;e so becau~e they preferred to be such rather than to be suojected taken from the Pension Department to the board of appeals, and they to the rules of the Army. I can testify of my own knowledge_ and ex there decided that it was not necessary under the law that he should be perience that various circumstances of fitness, of age, of specml qual an enlisted soldier, but that having performed service of that characte1· ifications were the causes of men being employed as scouts. Not un he was entitled, or his personal representatives, to a pension. frequently they were employed ~8 suc_h because they w_ere old. ~twas I state this merely to show that this case is not so far out of the way, also because, being men of great mtelbgence and standing, the~ did not nor that it furnishes so dangerous a precedent as some gentlemen seem desire to be enlisted as privates, and they could not be appomted as to think. I do not now remember the name of this case, but I know company officers, because then they could not be used on scout duty. of my own knowledge that such was the ruling on the part of the board I should like to have it understood as a matter of fact that as a general of appeals. Whether this present case might, if it had been appealed, rule scouts were not enlisted. have been thus decided, of course I am not able to say. \ Ur. HORR. As a general rule? Mr. HOUK. Mr. Chairman, I desire to make one or two observa i Mr. ROSECRANS. Yes, as a general rule. They were quartermas tions in reply to the remarks of the gentleman from Indiana and in ters' men. Sometimes they were enlisted as scouts and paid out of a reference to his criticisms, when he says we are about to establish a special fund. vicious precedent. I do not think it would be a dangerous precedent, Mr. HORR. Were there not connected with the Army a large num even if we were just about entering upon and making such a precedent. ber of men who were not enlisted men, such as teamsters, &c.? But there are already hundreds of precedents like this, -where Congress Mr. ROSECRANS. Yes, quite a number of teamsters and others. after Congress since the war, both Republican and Democratic, have We usually called them quartermasters' men. granted such relief. · Mr. HORR. Not enlisted? Now, it does not seem to me that at this time we ought to stop and Mr. ROSECRANS. No. quibble about whether a man who is justly entitled to relief was an en Mr. HORR. Then I should like to ask the gentleman in charge of listed soldier, was mustered in, or whether he performed the service in this bill to give us some reason why we shoul?- step outside of~e rule one department or another. If he risked his life and performed good which confines pensions to men who were enlisted and actually m the and faithful services, if he rendered valuable aid to the cause of the .service, and pension a man who was not a re~ar member ofth~ Arrr:y Government in the prosecution of the war, for one I am ready to vote and was not entitled under the law to a pensiOn? What I mean 18 this, a pension to him, no matter what branch of the service he was in, when if we go outside once we enter upon a wide field, as I understan~, in ever he makes out and presents here a meritorious and proper case for duding teamsters and a large class of men who were never enlisted. our consideration. Why should we do that? I should like to hear some good reason for it. So, again, it is wholly a mistake to say that men were selected for this Mr. BAGLEY. I will say to the gentleman that we propose to pen service because of their own choice; but on the contrary, as the gentle sion this man because of his meritorious service and because of the hazard man from California has said, it was because of their adaptability to .and exposure he endured while in the Army. He was engaged by the that service; because of their knowledge of the comitry; because they o0:fficers of the Army; no doubt about that, as the evidence shows con possessed some peculiar qualities that fitted them to discharge these .clusively it was so. duties of scouts; and there is not a man here who has seen any service M:r. HORR. For how long? on either side during the war who does not know that the scouts of the l\Ir. BAGLEY. I do not know how long, but he was in the service two armies constituted one of the most valuable branches of the military .about two years. service. Why an exception or objection should be made in regard to a Mr. STOCKSLAGER. Permit me to ask a question. man who performed, as in this case, a valuable duty, because he hap Mr. HORR. Certainly. . pened not to be enlisted, I fail to understand. 1\-Ir. STOCKSLAGER. Does the report show this man was injured Mr. STEELE. Before the gentleman from Tennessee sits down I while performing these services? would like to ask him a single question. 1\Ir. BAGLEY. He contracted a disea-se which incapacitated him Mr. HOUK. Yes, sir. from labor. • Mr. STEELE. I would ]ike for the gentleman to name a single prec Mr. STOCKSLAGER. He was not wounded? edent for the pensioning of a civilian. ~Ir. BAGLEY. No sir. l\Ir. HOUK. There are any number of precedents. I do not call to Mr. STOCKSLAGER. Where a man was actually in the service of mind their :names. "the country, though not enlisted, and wounded, I am in favor of giving Mr. BAYNE. The M:is,sLc::sippi ram fleet furnishes a large number. him a pension. ' Mr. HOUK. Certainly; and there are others. I know of the case l\Ir. COX, of North Carolina. Was this man examined byasurgeon of 1\Ir. Ellis, of Tennessee, and there were many others whose names I in reference to his disability ? do not remember; but I venture to assert that the clerks there, on Mr. BAGLEY. He was. I ask the Clerk to read General Grant's examining the records, could find a hundred precedents at least of this :letter. character. Tbe Clerk read as follows: Mr. MATSON was recognized. WASHISGTON, D. C., December16, 1880. 1\Ir. STEELE. I would like to ask the gentleman another question. DEAR Sm : I would be glad to aid you in any way in my power to procure a The CHAIR~IAN. The gentleman from Indiana on the right is pension for your well-deser~g services during the rebellion. . . I can not specify your scrv10es as well as General l'tfeade could 1f ahve, or as entitled to the floor. --:Jenc.·J.l Geor~e H. Sharpe-who is living~n, but I know they were hazardous, 1\fr. STEELE. IthoughtthegentlemanfromTennesseohad thefl.oor. 1518 CONGRESS! ON .AL RECORD-HOUSE. FEBRUARY 29,. The CHAIRMAN. The Chair understood the gentleman from Ten were military services. And I am sure my colleague from Indiana is nessee to yield the floor, and recognized the gentleman from Indiana on not willing to say he would not pension a civilian for military services. the right of the Chair. I am sure he is not willing to say he would draw the line merely agains-t. Mr. STEELE. I hope the gentleman will permit me to ask one other those who happened not to be mustered in if they were performing question. · milltary services. That is the distinction. Men ought to be pensioned Mr. UATSON. I will yield the floor for that purpose. for military services and not for civil services. To that extent be is Mr. STEELE. I wish to ask the gentleman from Tennessee if this right. But here is a case where the man asks to be pensioned pur ly man was selected for this dut.,.; and whether it wrurincumbent upon for military services, and very dangerous, hazardous, and valuable him to perform the service, if he was selected, unless he was satisfied service to the Government; and yet my friend will insist be ought not with the pay? to be pensioned because he was not regularly mustered in. Mr. HOUK. I will answer the question of the gentleman by another. My friend from Alabama [Ur. HEWITT] a moment ago said we were Does he not know that the entrance to any branch of the service ex here just to meet that kind of cases where men were not technically cept under the conscript laws was entirely voluntary? mustered in. And here is a case which we bring to the House of a man But that is not the sole question to be considered here. The Gov who is entitled to a pension by reason of military services of an arduous ernment accepted this man's service. It amounted to an agreement chara~ter and of disabilities incurred in that kind of service, and be between them. The question is not as to the manner of coming in or cause the technicalities of the case are such that it can not be put through going out, but simply of rendering the service. If be rendered the serv the Pension Office. And now it remains for the House to say whether ice and lost his life or his health from wounds or exposure, is he not he should be pen ioned or not. entitled to reward? Mr. HOUK. Will the gentleman from Indiana yield to me for a Mr. STEELE. Does not the gentleman from TennesSee think that moment? we ought to begin by keeping our promises to the men who were en Mr. 1\IATSON. Certainly. titled to pensions and the equalization ofbounties? · ur. HOUR. The gentleman from Indiana [Mr. STEELE] asks me Mr. HOUK. Yes, sir, I certainly do; and every pension like this for precedents. Here is a precedent. I could find a hundred if I bad iS only another step in the right direction of fulfilling onr promises by time. I ask the Clerk to read an act of the first session of last Con giving careful consideration and favorable response to every application gress which I have marked. which comes before us from every class of men who served their country The Clerk read as follows: faithfully and honorably during the war. [Applause. J Chap. 406.-An act granting a. pension to Amos Chapman. :Mr. HEWITT, of .Alabama. Let me ask the gentleman if he has in Be it enacted by the Senate and House of Repres81)latives of the United Slates of troduced any general bill covering this point? America in Congress assembled, That the Secretary of the Interior be, and he is Mr. HOUK. Yes, sir; several. The first bill that I introduced hereby, authorized and directed to place on the pension-roll, subject to the pro visions and limitn.tions of the pen ion laws, the name of Amos Chapmanl of the here was for such a purpose. Indian Territory, late a scout, under the immediate command of Col. NeLSon A. Mr. HEWITT, of .Alabama. If you wanttopensionscouts, itshould Miles, United States Army, said pensioner to be allowed the same as a private be done by a general law. soldier for the loss of a leg. Approved A.ugust 5, 1882. Mr. HOUK. No, sir; not for scouts, for this very reason: that ea~h case must necessarily depend, more or less, upon independent condi Mr. HOUK. Now, all I desire to say in the time of the gentlell1all' tions and circumstances. And this is more particularly the case with from Indiana [Mr. MATSON] is this: The gentleman from India.na [Mr. reference to the scout service than any other. No general law could STEELE] called on me for a precedent. I found one; and I am informed' be applicable to all of them. Every meritorious case must stand by by the clerks there are at least a hundred since the war. itself. If the particular circumstances and conditions which attend Mr. STEELE. I would like to a k my colleague a question. the case warrant relief by showing that the service was rendered, that The CHAIRMAN. The gentleman from Illinois [Mr. THOMA ·] has the party discharged his duty and incurred disability, the relief should been recognized and has the floor. I be granted. But eaeb case must rely upon itself and not on the gen Mr. THOl\US. I have had occasion to investigate this ca e orne \ eral features of a bill covering the whole class of cases; and in every what, and I speak advisedly when I say that during the war of the re \ uch individual case the Government is in honor bound to take care of bellion there was not a man of the Army of the Potomac, unless it be the party as it does of others. In such a case I say it is the peculiar some officer ofbigb rank, whorenderedsuch service to theGove1·nment duty of Congress by special legislation to meet the special requirements as this man Lee did. He was a Virginian, thoroughly acquainted with of that case and to do justice to that special class of cases. all the territory of Virginia. He was a particularly bright, active, and .Mr. 1\fATSON. If this case was one in which the House was estab educated man. He was a Union man, and was taken into the employ lishing a precedent-that is, if it was so important as the gentleman of the Government as a spy. He served almost from the beginning of from Indiana, my colleague, seems to think it would be-then I would the war until the end of it. He brought more information to the com say this House should pause and more thoroughly discuss this matter manding officers of the Federal Army from the confederate lines than than it has been discussed. But we are not establishing a precedent by any other spy of the United States Army during the whole war. He passing this bill. I am perfectly safe in saying there are scores of cases was captured once or twice, and was in imminent peril of being executed precisely like this one on the pension-roll by reason of special acts of on the spot. On one occasion he made his escape by what Reemed to. Congress-scores of them. be almost an interposition of Divine Providence. He escaped, but was Mr. STEELE. Uay I ask my colleague a question? compelled to go through the most terriblewinter'sstormand wadeandl Mr. 1\IATSON. Yes, sir. swim a deep and icy river to get into the Union lines, and in coming Mr. STEELE. Was not every single case of this kind rejected by brought the most valuable information to the Union Army. the L'¥$t Congress? When I spoke of precedents, I meant that since I There is a great deal of talk here about the danger of establisbinO" have been in Congress I do not know of one. precedents of this character. Sir, I am tired of talk of that sort. Ha Mr. THOMAS. · Will the gentleman from Indiana [Mr. MATSON] anybody hesitated, when the widows of Presidents have come here and allow me to answer his colleaooue? asked for pension -has Congress hesitated a moment to establish a civil' .Mr. MATSON. Yes, sir. list in their favor? And a citizen, however humble he may be, is enti Mr. THOMAS. The last Congress did not reject claims of this kind. tled to the same consideration for his services as though his duties had Morris, a scout, was pensioned under circrunstances like these, and his been in a higher sphere of action. was no more meritorious case than is this one. This man did all he could for his Government, and in so doing he con .Mr. MATSON. I am not able to repeat the names of those that have tracted the disease under which he now is suffering. I happen to know been pensioned, but I am very sure I am correct when I repeat the him personally. There is not a more worthy citizen in the United States statement I have made, that there are scores of men on the pension to-day than this poor man who goes along day after day with this bur roll who were spies during the war, who incurred wounds, and who den of disease upon him, con traded in the line of the most arduous and incurred disabilities from disease, and are now on the pension-roll, perilous duties. and placed there by special acts of Congress. I hope there will be no hesitation in recognizing his services and' Mr. STEELE. And never were enlisted men? placing him where he properly belongs, upon the pension-roll of the Mr. MATSON. Spies were not enlisted. They would have had no Government. Indeed, I would be glad tor one to vote to make his pen occasion to come to Congress and ask for pensions if they were enlisted sion more than is proposed by this bill, for his ervices were not com men, because they could then have gone to t".be department and got their mon services, but were very uneommon extraordinary, gallant, peril pensions there. ous, and most deserving. The proposition on the other hand is that a spy is a civilian. It is Ur. Mcl\IILLIN. I will ask the indulgence of the committee for true he is not an enlisted man. But he renders services that are essen one moment only on the question of what was the custom in the la t tially military and not civil services, and they are services, too, that Congress touching cases of this kind. I bad the honor during the last. are particularly hazardous; and when he is caught he is liable to be Congress of serving on the Committee on Invalid Pensions with the d is~ bung. And this man, it seems by the certificates of the most distin tinguisbed gentleman from Indiana [Mr. IATSON], the present chair guished men upon our side during the last war, rendered very valuable man of that committee. A number of bills of this kind got through ervices of that kind; and letters have been produced here from those the committee and were placed on the Calendar. But when they came men asking that this man be pensioned. up for consideration, while I believe one or two did slip through inad:. These were dangerous services. They were not civil services; they vertently, the policy of the House in the last Congre.::s, established and; 1884. CONGRESSIONAL RECORD- HOUSE. 1519 maintained to the end, was not to pension those who had not enlisted Ithe last Congress; yet I do not think the line was as finely drawn as in the service. .I know that occasionally, as I have said, some such he draws it. Certainly I remember that at one evening session we passed bills were passed. But toward the close of the session, when the ques- bills to pension three nurses. I know that in several instances in the tion was made that such bills had been passed, it was said that it had last Congress we passed bills plaeing on the pension-roll persons who been done earlier in the session. had never been mustered in the military or naval service. At the same Any man who doubts what I say can get an old calendar of the last · time it is true, as has been stated, that the gentleman from Indiana ' Congress-he can get a succession of calendars-and he will find that [Mr. BROWNE], theB the chairman of the Committee on Invalid Pen not simply one, not simply two, not simply three, but a dozen or two sions, opposed as a rule the granting of a pension in every such case. I dozen, and I do not think I would be amiss if I were to say that more recollect that our friend from Illinois [Mr. To~sHEND] worked early than two scores of bills in various forms proposing pensions for civil- and late to get a bill passed pensioning a man in one of the exceptional ians are marked on those calendars in italics "passed over informally." cases. I do not remember what was the matter with the man; but I We worked during the sessions for the consideration of pension bills do remember that it appeared, when the gentleman got through his without a quorum, and being unwilling that the precedent should be speech, that the man was a mere bundle of diseased muscles and veins, established of pensioning civilians, gentlemen protested that they having lost almost everything that could make life valuable. But, as would raise the question of a quorum if the bills were pressed. Hence I recollect, we did not pension him. meeting after meeting and month after month through both sessions of 1lfr. :McMILLIN. The disability alleged was that he had been in- the last Congress, and until the Congress closed, the custom prevailed jured in firing a salute. [Cries of "Vote!" "Vote!"] of passing over such bills informally; and the old calendar will show The CHAIRMAN. The question is on the motion of the gentleman them so marked in italics. fro;m New York, that the bill be laid aside to be reported favorably to the That is all I desire to say concerfiing that point. As to whether this House. [The question having been put]. The ayes appear to have it. House shall vary that policy or not is with the House. I do not believe ?!fr. ROBERTSON. I call for a division. it is wise to change that policy; but ifwe do vary it, let members under- The question being again taken, there were-ayes 76, noes 8. stand the circumstances under which it is done. M:r. ROBERTSON. I make the point that no quorum has voted. Mr. HOUK. The gentleman will not undertake to say that no bill [Cries of ''Oh, no!"] My reason for making this point is that instead of this character was passed. of pensioning civilians we ought to be pensioning the soldiers who have Mr. McMILLIN. I said that in more than one instance probably received honorable "'fV"Ounds in the service of the Government. such bills did pass through inadvertently. But I do say that the policy The CHAIRMAN. The point being made that no quorum has voted, of the last Congress was not to pass such bills as this. the Chair will appoint tellers. Mr. HOUK. Instead of its not being the policy of Congress, they Mr. MATSON. I ask unanimous consent that this bill be passed were not passed because there was not a quorum here. over informally. Mr. McMILLIN. And hence they could not be passed. Mr. BAGLEY. I ask the gentleman from Kentucky [Mr. RoBERT- Mr. HOUK. Because we did not have a quorum here when they SON] to withdraw his point. were under consideration. Mr. ROBERTSON. I am willing to do so if the bill be laid aside Mr. McMILLIN. The point I make is that they were not passed without action. by the last Congress. The CHAIRMAN. The Chair will appoint tellers. lli. HOUK. The factthattheywere not passed because of the want Mr. :MATSON. I ask unanimous consent that the bill be laid aside of a quorum does not affect the policy of Congress. informally. Mr. STEELE. Would an amendment be in order to nlace all men The CHAIR~fAN. Is there objection? engaged in military service upon an equal footing with those who were lli. DUNHAM. I object. regularly enlisted? • Mr. Mc~ITLLIN. I hope that will be done. That was the oourse Mr. MATSON. I would make a point of order on that amendnient always taken ip the last Congress in cases of this kind. if offered. The CHAIRMAN. The Chair appoints as tellers the gentleman from Mr. NUTTING. This question appears to present three a-spects, as I Indiana, Mr. MATSON, and the gentleman from Kentucky, :Mr. RoB judge from the arguments which have been brought forward. One is ERTSOY. ·that this man was not an enlisted man, and therefore it is argued that Mr. CALKINS. I hope unanimous consent will. be given that the he is not entitled to this pension. bill be laid aside informally. Now, if the Chair please, let me say that an enlistment, as I under- The CHAIRMAN. Objection was made. stand it, is in law and in fact simply a. contract with the Government Mr. MATSON. I appeal to the gentleman who made that objeetion that the man enlisted shall perform for itcertain services. It is akind to withdraw it. If it be insisted upon, it will prevent our reaehing of contract. And I say that the contract with this man to perform cer- any other bill to-night. tain services was as much a contraetof enlistment, although a different The CHAIRMAN. Is the objection withdrawn? kind of a contract, as any other; that is all. One man was enlisted for Mr. THOUAS. It is not. the purpose of performing certain duties in theArmy; another man was The CHAIRMAN. The tellers will take their places. enlisted by another contract to perform certain other duties. The committee again divided; and the tellers reported-ayes 81,. If the policy of the last Congress was against establishing this kind noes 12. of precedent, it is time that the precedent was established by this Con- Mr. COX, of North Carolina. No quorum. gress. If a man perform services for the Government under a law such Mr. 111ATSON. I now renew my request for unanimous consent that as this man performed under, then I say he is entitled to as much con- the bill be passed over informally. Unless this is agreed to, gentlemen. sideration at our hands as he would have been if enlisted. under the prevent the reaching of any other bill to-night. Let this bill be passed regular enlistment law. over informally, retaining its place on the Calendar; or, if it be more I say further that the kind of service which this man performed was satisfactory to the opponents of the bill, I will make a proposition that particularly important to the Government. How many times was it, I it be reported to the House with the distinct understanding that it be· ask the men here who were in the service, that the men in the ranks disposed of by a yea-and-nay vote when we have a quorum. vho were enlisted men waited with bated breath for the word to come Mr. THOMAS. I am entirely willing to agree to that. that was to be brought by the men of this character of what was going Mr. DUJ\THAM. I object. on in the enemy's lines; waited until they had received word that they lli. 1lfATSON. I will undertake to see that there shall be no action.: could perform the service for which they had been enlisted? When this upon the bill in the House except when there is a quorum present. man brings back word that the opportune time has come, that the at- The CHAIRMAN. Thegentlemanfromlndiana [1lfr. MATSON] asks tack may be made with effect, then the attack is made. The whole unanimous consent tha,t the bill may be reported to the House- army waits for the service of this man. And when he has performed Mr. ROBERTSON. I object. it, and has received disability in performing it, I say this Congress would Mr. MATSON. Then let it be passed over informally. be derelict in its duty did it not recognize the service and give the man The CHAIRMAN. The gentleman from Indiana. asks unanimous under these circumstances a pension. [Applause.] consent that the bill be laid aside informally, retaining its place on the Mr. HORR. This bill, upon examination, proves to be more satis- Calendar. Is there objection? The Chair hears none, and it is so or factory in its form than I had supposed. It leaves this man to make dered. his Jilroof as to the amount of disability, just as any other applicant for ROBERT 1\-f. FLACK. a pension must do. He is to be subjected to the examination of the The next business on the Private Calendar was a bill (H. R. 3669). surgeons of the Government in the same way as an enlisted soldier granting a pension to Robert M. Flack; reported with an amenWn.ent. would be if applying for a pension. The only question is whether a The bill was read, as follows; man who has incurred disability in this class of service should be put Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au on the pension-rolls. Now, it does seem to me that enough has·been t~o~·ize~ anp directed fi of Pensions nnd complied with the requirements of the law, and having fully for the last few years in order to exist on the pep.sion of $10 per month paid proved his claim, it has been rejected on the grounds that he was not mustered him, to live hermit-like in a shanty, which he had built for hiDl8elf in Dungeon into the service as captain at the time the disability was incurred. P asture, so called, in the woods in the suburbs of Lynn, Mass." While the claimant may not have a legal right to a pension in consequence of Your committee are of the opinion that the case is fully sustained by the facts1 this omission in the records, he has an equitable one, and as he served faithfully and are therefore of the opinion that the relief sought should be granted, ana as a brave soldier in the Army, and obtained his disability while in the line of recommend the passage of the a{l{)ompanying bill. duty, and, further, that his brother officers and comrades testify to his worth as a soldier, and the medical testimony shows that his disability is pensionable, Mr. COX, of North Carolina. What were the circumstances under therefore your committee feel that it is a meritorious case, and report in favor which be received this disability? of the bill, and recommend that it do pass. · Mr. LOVERING. The circumstances under which the injury was The amendment of the committee was read, as follows: received were these: The regiment came into camp at night and, as St.rike out these words: "and payhim a pension at the rate of$20 a usual, the boys scattered for wood wherewith to start a fire to boil their month.'' coffee and cook their meal. Hehadgone with the others and obtained The amendment was agreed to. an armful ofrails and be was bringing them in. Any one who has seen .Mr. WINANS, of Michigan. I move the bill as amended be laid the sight knows the confusion attendant on such occasions. He was aside to be reported to the House with a favorable recommendation. caught between two teams, knocked down, and run over. Mr. HEWITT, of Alabama. I should like to have a fuller explana There being no objection, the bill was laid aside to be reported favor tion of this case. Was this man enlisted and injured as a private? ably to the House. !fir. WINANS, of Michigan. He was commissioned by the governor THERESA CROSBY WATSON. of his State. He went into Kansas, and was there for three months. The next business on the Private Calendar was the bill (H. R. 103) During that time be incurred disease, for which be applied for a pen granting a pension to Theresa Crosby Watson. sion, but was refused on the ground be was not mustered in before tbe The bill was read, as follows: occurrence of the disability. Be it enacted, &c., That the Secretary oft-he Interior be, and if-war, the Fulton, granting a pen&ion to Nelly Roberts. he was expo ed to a severe storm, producing an attack of pneumonia, which, there is reason to believe, ultimately caused his death. His service was long and The bill was read, as follows: faithful and meritorious. His widow is now in the decline of life, and solely de , B e it enacted, &c., That tbe Se~retary of the Interior be, and is hereby, author pendent on her exert.ions for support. We can see no reason wh>y she should ized and directed to place on the pension-roll, subject to the provisions and limi not receive the same pension that bas been allowed in many other similar cases tations of the pension laws, the name of Nelly Roberts, dependent mother of by special act of Congress to the widows of officers of the N ayy of similar rank. Frederick Sawyer, alias Bond, late a private in Company G, First United St-ates The committee therefore recommend the passage of the bill. Colored Troops, and pay her a. pension at the rate of S8 per month. l\ir. McMILLIN. l\Ir. Chairman, I would like to know of the gen The report of the committee was read, as follows: tleman having this bill in charge why it is that this applicant can not The oommittee are satisfied Nelly Roberts is very old, very poor, and ap receive a pension under the general law. If the facts stated in there peals most strongly to our sympathy. She furnished four sons to the Federal port are true, it would seem to be hardly neces...~ry to come here with Army, three of whom died in service. That she was entirely dependent upon her dead son, Fred. Sawyer, when he died, is not clear, but it is clear that but this application. for his death she would now be entirely dependent upon him. She is now de Mr. HORR. Yes; I would like to know something about that my pendent on the charity of her old master, and is over seventy-five years old. self. There being no objection, the bill was laid aside to be reported favora Mr. LAIRD. Mr. Chairman, under the direction of the Committee bly to the Rouse. on Pensions I reported this bill to the House, and in answer to the DILENO ROBINSON. gentleman's question as to whether or not under existing law this The next business on the Private Calendar was a bill (H. R. 2251) to claimant could receive relief, I have t.o say t.hat, as we found the stat increase the pension of Dileno Robinson. utes, had Commodore Watson died in action, or from the direct c:1use The bill was read, as follows: of wounds received in the service, the proposition of -the gentleman from Tennessee would be ::L correct one, and there would have been no B e it enacted, &c., That Dileno Robinson, late a private in Company K, Second Regiment Massachusetts Volunteers, be, and he is hereby, granted and allowed, need for this bill. In the absence of that it is necessary that an act from and after the passage of this act, a pension at the rate of$24 per month ; and shall be passed to enable the widow to receive any assistance from the :that the Secretary of the Interior be, and he is hereby, authorized and directed Government. to place the name of said Dileno Robinson on the pension-roll at said rate in lieu of the pension now paid him. Since I am on my feet I desire to suggest to this committee that the relief sought by this bill for this person is such relief as by a report of The report of the committee was read, as follows: the Commissioner of Pensions, which I hold in my band, bas been re Dileno Robinson, of Lynn, Mass., a priva-te in Company K, Second Massachu- .. setts Volunteers, served from the 25th day of l\Iay, 1861,and including are-enlist peatedly extended to the widows of the officers of this rank in the Navy. ment, w1til the 14th day of July, 1865, when he was honorably discharged, his i'or insta:ace, in the case of Rear-Admiral Farragut the House in 1872 total period of service being four years\ one month, and twenty d ays. He was bestowed upon his.widow a pension of$2,000 per annum. granted a pension (certificate No. 75490} at the rate of $4 per month, December 21, 1866, which was increased June 12, 1867, to per month, and upon April 7, The list of those that I shall now read is such a list as is furnished 1875, wa.s further increased to lO per month. This was for injuries received to by the Commissioner of Pensions, where such pensions as this bill pro :his side, back, ·and stomach while in Line of duty with his regiment at Sisters poses are beiug paid at $50 a month, as follows: Ferry, S. C., on or about February 1, 1865, by being knocked down and run over lby a loaded army w agon, estimated to weigh between 3,000 and 4,000 pounds, To the widow of William M. Wood, a rear-admiral; of William Rey two wheels of which passed over him. He claims that the injuries then received nolds, a rear-admiral; of Henry H. Hoff, a rear-admira,l; of Henry H. hav-e resulted in heart, liver, and kidney troubles, dizziness, n.nd daily pains Bell, a rear-admiral; of Charles H. Davis, a rear-admiral; and so on through h-is entire body, and that the same a re increasing as he grows older, un til they have totally incapacitated him for the performance of any manual labor. down through quite a list of names of persons who are receiving pen The evidence in relation to his injury is Lieut. John A. Fox, adjutant of his reg sions of that grade. Where the officer held the rank of commodore I iment, who certifies, "It was thought at the time that Robinson was mortally find the names of James H . Frailey, a commodore; Charles S. McCauley, injured." Samuel F. Jepson, first sergeant of his company, cert.ifies: a commodore; Isaac McKeever, a commodore; and others, comprising "I was an eye-witness of the a{}cident, and helped carry him to a place of ten or twelve instances, wd:lere pensions are being paid to their widows. saftey. The blood was running from his ears, nose, and mouth. I did not think Further, I have to say that under the general pension laws as they he would live an hour.'' Dr. I. H. P. Shattuck, on duty in general hospital at Savannah, Ga., certifies: existed up to the time of the enactment of the act of 1862 the widow ''Robin on was brought to ~vannah the latter part of January, 1865, in avery of this officer, or the widow of an officer of like rank, would have re critical condition, and it was !>elieved at that time by the sw·geons at the hQs- ceived a pen ion at the rate of $50 a month. · Under the act which pital that he would live but a very short time." · Dr. GeorgeS. Jones, of Boston, 1\Iass., examining surgeon, certifies: went into effect in 1789 it was provided that the widows of officers of "His present condition is evidently there ult of severe internal injury. He the Navy should, in ca e of the death or wounding of such officer in is unable t.:, perform any laborious duty." the service of the United States, receive a pension equal to half the pay Dr. John W . Foye, examiner, Boston, certifies: "There io ·enderness on pressure over the stomach, requiring the constant of ucb officer. The half-pay of a captain- that being the highest of use of a pr<1'tective bandage, and the slightest indiscretion in diet is followed by ficer recognized in the act- was $100 a month; so that the pay of the severe paroxysms of pain." pensioner under that law would have been 50 a month, and so on Dr. Isaa w hich involved his s urvey of Lake Drummon d . I n 1858 he w as m a de surveyor pensions at certain specified rates, and by analogy with that designa general of K ansas and N eb rask a, b ecause from ill-health h e was unable to tion officers of the Navy are pensioned, or those dependent upon them, accept th e a pp ointment offer ed h im by P resident Buchanan of co nsul-general their widows, children, &c., at equivalent rates. There is no specific to T urkey. provision of law, so far as I have been :J,ble to discover, regulating t he 2. FACTS RELATING TO HIS PENSIONS. gratuity on the parl of the Government to the survivor of an officer of For wounds received in the battle of Churubusco, on August 24, 1847, and for chronic neuralgia, resulting therefrom, General Burnett was granted, from Au the Navy of this rank. Hence the necessity for this bill. · g ust 1, 1848, a pension of $30 per m on th. (Sec. 7, act of 13th May, 1846; sec. 2, act The CHAIRMAN. If there be no obj ection the bill will be laid aside of 21st July, 1848; sec. 4730 U . S. Revised Statutes.) to "Qe reported to t he House with a favorable recommendation. On January 31. 1879, General Burnett p etitioned Congress to increase his pen sion to $100 per month, for wounds, neuralgia., and rheumatism. l\Iarch 3, 1879, There being no objection, the bill was laid aside to be reported to the Congress by special act increased it to $50 per month. (U. S. Stat., vol. 20, p . House with a recommendation that it do pass. ~bril 1 2, ~879, he renewed his application for $100 per month, and for his relief H ENRY SCHNETBERG. Mr. Senator VooRHEES introduced a bill to grant him that amount. (S. l\Iis. Doc. No. 26, S. bill477, Forty-sixth Congress, first session.) The next business on the Private Calendar was the bill (H. R. 1410) March 10, 1880, the House Committee on Invalid Pensions reported favorably granting a pension to Henry Schnetberg, of India.na, Pa. upon the bill introduced by 1\Ir. Ia1·tin to increase his pension to $100 per month for total disability. The Congress died before the bill was reached on the Cal The bill is as follows: endar. (House Report No. 485 upon bill H. R. 285, Forty-sixth Congress, second B e it enacted, &c., That the Secretary of the Interior b e, and h e is hereby, au session.) thorized and direct-ed to place on the pension-roll, subject t o the provisions and Congress, by general pension la.ws, has made exceptional provision for the limitations of the pension laws, the name of Henry Schnetberg, late a. private care and maintenance of the totally disabled soldiers of the Republic, as follows: in Compa ny B, of the Second· Regiment of Pennsylvania. Volunteers, in the June 4, 1872, $31.25 per month; June 4, 1874, $50 per month; June 16, 1880, $72 :Mexican war, from and after the passage of this act, at the rate of $8 per month. per month. In 1880, General Burnett, then a totally disabled soldier, applied for the bene The report is as follows: fits of these general pension laws to the Commissioner of Pensions. The petitioner asks to be placed on the pension-rolls on account of disease 1\Ir. Commissioner Bentley rejected his application, upon the ground that Gen contracted in the eervice of the United States in the war with Mexico and in eral Burnett was then r eceiving $50 per month under a special act of Congress the line of duty. and was thereby concluded in his rights, which action was approved by Mr. The committee, after a careful examination of all the evidence, find that Henry Secretary Schurz. President Hayes referred his ca e to Attorney-General Dev Schnetberg was mustered into the service of the United States on the 3d day of ens, but nothing was done. President Garfield next referred the application to January, 1847, as a private in said company and regiment, of which John Hum· Attorney-General McVeagh, and at his request 1\Ir. Solicitor-General Phillips, phreys was captain j that said Schnetberg was promoted to first corporal in said on June 15, 1881, rendered an opinion in General Burnett's favor. But this Your committee is pleased to include in its repqrt a portion of the officer's re the general law, which he does not do, a judgment that the certificate be returned to him would be futile. ,. * * The supreme court of the District was, therefore, -plr. ~he Secretary of the Interior is asked to furnish th!'l Senate ~th his r~ous right in refusing the writ of mandamus, and its judgment must be affirmed. •' for the issuing of such certificates for such double pensiOn pendmg ~he act wn of Inasmuch as the Supreme Court has formally declared tha t no pensioner has. Congre88 on t he subject. The question as to what amount ~f peUSlon Gen!'lral a. vested legal right to a pension, resting that declaration upon the ca e of Wal Burnett was entitled to receive had been submitted by the President of the Umted ton vs. Cotton, in the 19th of Howard, your committee deem it proper to quote States to the proper officer of the Government, and such officer had deter more at length from the opinion of a divided court to show what wasdecidedin mined that he was entitled to the pension of $50 per month and $75 per month, that case: making a total of $122 per month .. That there mig~t be no mistake the Secre "The question in the case turns upon the construction of these statutes. Does tary of the Interior called for a reVIew of that questiO!J.. He found ~n file three a right construction of them give the pension due to the grandchildren of the carefully prepared opinions of the Attorney-Generalm favor of paymg the pen- deceased pensioner; and, if so, does the bounty extend to the represen tatives of sion to General Burnett. . his children, who died before his decease ; or do the acts restrict the bounty to "It can not be supposed that the President of th~ United States submitted the his children living at the time of his death? This last construction has been question in dispute between officers of the Intenor Department and Gen~ral adopted and acted upon by the Government. Burnett to the Attorney-General for his opinion with the intention ofignormg "This view is mainly founde;d ou the considerations that on the death of the such opinion if it was adverse to the ruling of the Depart~ent. And when doubts pensioner the bounty is given to the widow, and if he leave no widow, t o his. arose in the mind of the present Secretary of the InteriOr as to the proper ad children ; that it was a bounty of the Government, arising from personal con ministration of the law under the opinion of the Attorney-General, and he sub siderations of gratitude for services rendered, is not liable to the claims of cred mitted the question to the Attorney-General, he did not intend to disregat·dhis itors, and should not be extended, by construction, to persons not named in the· opinion if it should not be in accordance with his own. The Secretary of the act. Interior is of the opinion that the ordinary rules of propriety would have been " The pension is undoubtedly a bounty of the Government, and in the hands of· grossly violated if he had refused to receive as the law of the case t-he law as an administrator of a. deceased pensioner it would not be liable to the claims of· enunciated by the Attorney-General. Th~ question had passe~ beyond the con creditors had the acts of Congress omitted such a prorision. trol of the Interior Department by the actiOn of the President m the first place, * and secondly-by the action of the Department. . . "Congress* from* high motives* of policy, by granting* pensions,* alleviate* as far "Pendin~ the proceedings in the Department of the Intenor With reference as they may a class of men who suffered in themilitaryserviceby the hardships. to the pensiOn a resolution was introduced into the Senate touching this mat they endured and the dangers they encountered. But to withhold any arrear ter. The Secr~ta.ry of the Interior understood as a question of law that there age of this bounty from his grandchildren, who had the misfortune to be let\ could be no ground of controversy as to the right of Ge~eral Burnett to a.ll the orphans, and give it to his living children on his decease, would not seem to be· pension-money that had accrued, and th~t any proceedings o.f ~ongre!!B m :e a fit discrimination of national gratitude. lation to the pension heretofore granted him could not affect htsrtght torecetve * * * * * * * the money that had accrued to him. These certificates had been withheld from "There can be no doubt that Congress had a right to di~tribute this bounty at General Burnett under what the law officer of the Government had declared their pleasure, and t{) declare it should not be liable to the debts of the benefi was an improper ruling of the Department, and by the withholding of the cer ciaries. But they will be presumed to have acted under the ordinary influences. tificates he had been deprived of the money due him. It was alleged that by which led to an equitable and not a capricious result. And where the language. such refusal to pay he had been greatly embarrassed and put to great trouble used may be so construed. as to carry out a benign policy within the reasonable and expense. To enable him to receive that money it was necessarr that b:e intent of Congress, it should be done." should have his certificates, which the Attorney-General has declared 1twashis The pension conferred by the act of June 4,1832, and subsequent acts, brought right to receive. . for review before the Supreme Court in the case just cited, was purely a gift pen "The Secretary of the Interior was also of the opinion tha~ the due adminis sion, for it was granted toofficersoftheRevolutionary w ar and to their children. tration of the law of his Department did not require him to await the action of long after the services of the soldier had been rendered. It was given to all Congress to see whether the 1!1-~mightormight not be repeal~d; he understood without reference to any disability whatever. It was as readily given to the· it was his duty to execute ex1stmg laws, and not such as might be passed. If hearty and hale survivor as to the one who had left his limb upon the battle- the words in the joint resolution, 'pending the action of Congress on tt.at sub field. It was a bounty or reward given for services already rendered instead of' ject,' are intended as a declarati<_:m of the Senate that i ~ is the d1;1ty of an officer services to be rendered. charged with the speedy executiOn of the law to await the actwn of Congress Your committee reiterate here the views which it expressed in a fonner re when such law shall be assailed in either branch of Congress, it must be re port (Forty-fifth Congress, second session, House Report No. 64., upon bill H ~ garded as the enunciation of a new principle, and one of which the Secretary of R. 257 to pension person~ who served in the 1\lexican and other wars). the Interior confesses entire ignorance. The history of our p ension system showslthat our Government from its in-. "To hold thatanofficercharged with the execution of a law must suspend ac cept.ion to the present day recognizes two forms of pensions, inva lid and gratui tion whenever that law is assailed in Congress would enable a single member tous. Invalid pensions are such as have been and are gra nted to soldiers who. to nullify the law during the session of Congress. The Department is charged were disabledorcontracteddisease in the line of duty while in the military serv with the distribution of large sums of money as pensions to those who have been ice of the country. These pensions assume the form of a contract, whereby the declared by the competent authority created by law entitled to the same. It Government agrees with the soldier at the date of his enlistment, in consider can not be supposed that when ~e st3:tutes providing for such ~ensions are ru:> ation of his enlistment and service, to pay him a pension upon the condition of· sailed the Secretary of the InteriOr will cease to pay such penswns and await his being disabled in the line of duty. The other form, gratuitous pensions, are the action of Congress. The administration of law must proceed until such laws defined to be a reward for military services rendered, and is an evidence of a are repealed by competent authority. This was the course pursued by the Sec nation's gratitude to its defenders. retary of the Interior with reference to the pension of General Ward B. Burnett, The very first section of tbe pension laws revised a.nd consolidated by t.he act who has received only that adjudged to be his due." entitled " An act to revise and consolidate the statutes of the United States ino October 4, 1882, General Burnett revoked his relinquishment of the special-~;tct force on the 1st day of December, A. D. 1873," approved June 22,1874, and acts increase pension o.f$50 per month, and requested the Sem;erary of the ~nter~or relating to pensions passed prior to and since that d ate, provides: to ret.urn his certificate therefor, surrendered July 21, his offer to relmqmsh "8Ec.l639. If any person, whether officer or soldier, belonging to the militia never having been accepted by the Secretary or by Congress. October IS, the of any State, and called out into the service of the United States, be wounded or Secretary refused to return the certificate, w~er~upon, Octobe~20,1~ •.the peti disabled while in adual service, he shall be taken care of and provided for at tioner filed in the supreme court of the Dtstl'lct of Columbta a petitiOn for a the public expense." mandamus in order to compel a restoration of the certificate. The petition was With all respect for the highest judicial tribunal of this Government your there dismissed; but it was immediately carried on a writ of error to the Su committee submits that, if "no pensioner has a vested legal right to his pen preme Court of the United States (The United States ex relatione Ward B. Bur sion," Congress should tear from the statute-books the guarantee of the Gov nett, plaintiff in error, vs. Henry M. Teller, Secretary of the Interior, defendant, ernment of the United States which is expressed in section 1639. No. 1185, October term, 1882), where, on January 29, 1883, a final decision was The pensions of soldiers disabled in the line of duty are in no sense a gratuity, made refusing the writ of mandamus (17 Otto, 64), and subsequently the court but are supported by contract made by the Government with them at the date of declined to review its decision. their enlist'IIlent, that if disabled they should have a pension. The considera In order that the facts of this case, as officially reported, may be fully under tion is the service and blood of the soldier. The parties were competent to con stood, your committee refers to the full answers that were made to the Senate tract. The subject-matter of the contract was neither in contravention of law resolution of inquiry of July 22,1882, by the Secreta ry of the Interior and the nor of public policy, but was expressly authorized by law and promotive of the Attorney-General of the United Stat-es. (S. Ex. Doc. 193, Forty-seventh Con public good. It has every ingredient of a contract, as defined by all the law gress, first session; S. Ex. Doc. 64, Forty-seventh Congress, second session.) books. The pension w a s predicate d on the sole condition of the soldier's dis ability in the line of duty, an!} upon the happening of which condition the en 3. THE LAW BEARING UPON THIS CASE, gagement of the Government became a perfect vested right, and was the property In deciding the case of General Burnett the United States Supreme Court, of the soldier as much as any bond which he mayhaveheldon the Government after its statement of the faets appearing of record, held: or other choses in action which he may have owned. This view of the nature "The right of the relator * * * has been effectually cut off by section 5 of of an invalid pension is supported by the opinion ofthatgreatand learned law the act of July 25, 1882- yer William Wirt. When Attorney-General, in 1825, in speaking of an invalid " 'An act making appropriations for the payment of invalid and other pensions pension, he said : of the United States for the fiscal year ending June 30, 1883, and for other pur "It is bottomed only on the single condition that the husband and father shall poses. die in the service of his country, on the happening of which condition t he pub lic engagement becomes a debt, which is as much property of the widow and " ' Be it enacted by the Senate and House of Representatives of the United States of children as any bond which the deceased may have left them by h is will." .America in Congress assembled, That the following sums be, and the same are Let this Congress decide if a pension to a wounded soldier can be repealed or hereby, appropriated, out of any money in the Treasury not otherwise appro withheld any more than the interest-bearing bonds of the Goverument, put priated, for the payment of pensions for the fiscal year ending June 30, 1883, and out upon the market in order to raise money to carry on the war. Is the con for other purposes, namely: tract between the Government and the bondholder any more d efinite or com * * * * * * * pletely executed than the contract between the Government (under section 1639 "'SEc. 5. That no person who is now receiving, or shall hereafter receive, a United States Revised Statutes) and the wounded soldier, whose performance pension under a special act shall be entitled to receive in addition thereto a pen on his side in specific terms has been legally and formally acknowledged by the sion under the general law, unless the special act expressly states that the pen Government by granting him a pension? As long as the purse and the sword . 'sion granted thereby is in addition to the pension which said person is entitled must both contribute to preserve the Government, w by should any benefit ac to receive under the general law. crue t{) the purse when you deny it to the sword, which contributes its part in "'Approved July 25, 1882.' the face of death? "It was competent for Congress to pass this act. No pensioner has a vested General Burnett has had two pension certificates issued to him, one under a. legal right to his pension. Pensions are the bounties of the Government, which special act of Congress and another under a general law. The Department, as Congress has the right t{) give, withhold, distribute, or recall, at its discretion. it has done in other cases, might have merged both these certificates into one (Walton vs. Cotton, 19 Howard, 355.) Therefore the contention of the relator certificate for $122 per month, but it chose to issue two certificates. He drew that, having received the pension of $72 under the general law, he is a.lso en both pensions for three years. titled to the pension of $50 granted him by the special act is without ground to It is true that the United States Revised Statutes provide that- reston. "His pension certificate, issued under the special act, can be of no service to him TWO PENSIONS ARE NOT ALLOWABLE. unless he wishes to relinquish the pension of$72 under the general law, and fall ''SEC. 4TI5. Nothing in this title shall be so construed as to allow more than back upon the pension of $50 granted him by the special act. But he expresses one pension at the same time to the same person or to persons entitled jointly." no such purpose. * * * He voluntarily surrendered his pension under the The acts of one Congress can not bind a subsequent Congress; no law is bind special act in order to receive the larger pension to which he became entitled on ing upon it but the organic law of the land. Now, who will say that the Con the passage of the general act of Junel6, 1880. Ashe is not entitled to any pen gress in 1879, notwithstanding section 4TI5, could not make an exception in the sion-money upon the certificate under the special act which he voluntarily sur- petitioner's case, and give him two pensions, or even three pensions, all at the rendered, unless he waives his right to receive the larger pension given hiql by saml:l time? 1 1884. CONGRESSIONAL RECORD-HOUSE. 1523 It bas been the custom, and, almost without exception, it has been the policy our happy country not be blessed with peace) should be adjudged by his coun ' of the Government to pay a person but a single pension at one time. trymen to have been the most distinguished in defense of his country and our But there· was a notable exception in the case of the widow of Comn;10dore country's rights." And- Perry, who, upon advice of the Attorney-General, was granted two ~~Ions at Awarded the same time. (6 U. S. Statutes at Large, 260, March 2, 1821; 3 Opnnons, 158, under that bequest by the general voice of his brothers in arms to Bvt. Brig. Gen. November 3, 1836.) Ward B. Burnett, colonel of the First Regiment of New York Volunteers in the There were good reasons why the widow of Commodore Decatur was re late war with Mexico. fused a double pension. A general pension law, and also a special act of Con ANDREW JACKSON, JR., Tru.stee. gress for her benefit, were enacted March 3, 1837, which was the adjournment day of Congress; but the special act first became a law, as it was feared that Here comes, in his seventy-fifth year, a man who has become totally blind the general law, needing amendment, could not be passed before the adjourn from the effects of wounds received in battle for his country upon a battlefield ment. in a foreign land. Under the special act Mrs. Decatur never had a favorable adjudication upon Your committee, believing that the present pension of $72 per month is inade her claim. {3 Opinions, 200, Aprilll, 1837.) quate to meet the wants of General Burnett, do hereby recommend and offer The lady then went into court on a mandamus, but she failed; she carried for passage the accompanying bill. her case to this court, but she failed here. (Decatur vs. Paulding, 14 Peters (1840), 497.)...... During the reading of the above report the following proceedings took But petitiOner has a different case. A final and favorable adJ udicat1<~n was had place: upon his rights, and the money to pay him, such amount as the Executive should find due to him, has already been appropriated by Congress. The Executive, by Mr. HORR (after the report had been partly read). I ask unani issuing his two certificates, built a sure foundation for his title. (Marbury 'VS. mous consent that the further reading of that lengthy report be sus Madison, 1 Cranch (1803), 137; McBride vs. Schurz, 12 Otto (1880), 378.) pended and thatthebill belaid asidefavorably. Wehaveheardenough The act of June 16, 1880, passed only for the totally disabled soldiers, provides that the pension of $72 per month shall be in lieu of all other pensions paid them already to pension him two or three times. by the Government of the United States. Mr. McMILLIN. I have not heard enough yet ro justify the rais- But that law is applicable only to those soldiers who have drawn pension under ing of this pension from $75 ro $100 a month. one or more ~enerallaws. If these words," All laws or parts of laws incon sistent hereWith are hereby repealed," had concluded the text of the law of The Clerk resumed the reading of the report. 1880, even then it did not touch petitioner's special act of March 3, 1879. The Some time subsequently, only way to repeal a special law which confers ~enef!ts on a citizen for ~i~serv 1\Ir. ROBERTSON. I move that the further reading of that report ices rendered to the Government, and under wh1ch nghts have vested, iflt can be done at all, is to repeal it by another special law-certainly not by implica be dispensed with. . tion. But Congress evidently meant, by enacting the following section, that a 1\Ir. COX, of North Carolina. I object. special pension law can not be repealed, except for fraud: The Clerk resumed the reading of the report. . PENSIONS UNDER SPECIAL ACTS. Mr. WOOD. I move that the further reading of the report be dis "SEc. 4720. When the rate, commencement and duration of a pension allowed pensed with. I do this out of a. desire ro extend a favor ro long-suffer by special act are fixed by such act, they shall not be subject to be varied by the provisions and limitations of the general pension laws." ing humanity. We have heard enough. The Congress knew that the law of 1880 did not repeal the special act of 1879; Mr. STRUBLE. If it is in order I move that we have the Constitu otherwise, why did it pass the Albert 0. Miller bill? tion of the United States read in this connection. (Private-No. 169.) ~fr. COX, of North Carolina. I objectro dispensing with the read An act granting a pension to Albert 0. Miller, and for other purposes. ing of this report. Be it enacted by tiLe Senate and House of Representatives of.the United Stat~ of A mer Mr. WOOD. I do not think the gentleman from North Carolina is icain Congress assembled. That the Secretary of the Interior be, and he 18 hereby, authorized and directed to place on the pension-roll, subject to the provisions serious about that objection. and limitations of the pension laws, the name of AlbertO. Miller, late a seaman The CHAIRMAN. The gentleman from Indiana is not in order. on board the United States steamship Bienville; and that no person who is now The Clerk resumed and concluded the reading of the report. receiving or shall hereafter receive a pension under a special act shall be entitled to receive in addition thereto a pension underthegenerallaw, unless the special The CHAIRMAN. If there be no objection the bill will be laid act expressly states that the pension granted thereby is in addition to the pen aside to be reported favorably ro the House. sion which said person is entitled to receive under the general law. Mr. COX, of North Carolina. I object. From his own showing, as Approved July 24, 1882. Even this law did not, in the judgment of Congress, repealpetib ner's special exhibited in the report, General Burnett has received so many favors act, for on the following day it passed a law which was intended to be still at the hands of the Government that I think there is no necessity for more of a general character, as follows: an increase of pension at this tiine. He began as a graduate of West [Public-No.176.] Point ro receive pay from the Government, and his pension has already An act making appropriations for the payment of invalid and other pensions been increased ro $72 a month. That has been paid to him; and I of the United States for the fiscal year ending June 30,1883, and for other pur poses. think no necessity has been shown for increasing it further ro the amount Be it enacted by the &nate and House of Representatives of the United States of of $100. America in Congress assembled, That the following sums be, and the same are The CHAIRMAN. The question is, Shall the bill be laid aside robe hereby, appropriated out of any money in the Treasury not otherwise appro reported favorably to the Honse? priated, for the payment of pensions for the fiscal year ending June 30,1883, and for other purposes, namely. The question being taken, it was decided in the affirmative. SEc. 5.* That no person* who* is now receiving* or* shall hereafter* receive* a pen- CLARISSA M'KEE. sion under a special act shall be entitled to receive in a-ddition thereto a pension under the general law, unless the special act expressly states that the pension The next business on the Private Calendar was the bill (H. R. 2399) granted thereby is in addition to the pension which said person is entitled to granting a pension ro Clarissa McKee. receive under the general law. The bill was read, as follows: Approved July 25, 1882. The Supreme Court has left. the special act of March 3, 1879, in full force, though Be it enacted. &e., That the Secretary of the Interior be, and he is hereby, au suspended in its operation for any period that General Burnett shall draw a thorized and directed to place on the pension-roll, subject to the provisions and pension upon his $72 certificate. The court distinctly stated that he became en limitations of the pension laws, the name of Clarissa McKee, widow of William titled to this larger pension on the passage of the general act of June 16, 1880. McKee, late a private of Company D, Second District of Columbia Volunteers, Here comes to Congress for relief a bearer of the flag of the United States of and who was honorably discharged at Clifborn United States hospital, No America in foreign lands, whose regimental flag was the first one planted at the vember 13,1862, on account of asthma, rheumatism, and general debility, and headquarters of Santa Anna at Cerro Gordo after the United States troops had who continued an invalid until he died, December 1, 1878. captured the position held by the whole Mexican line, and which was the first flag planted on the elevated causeway opposite Portalis in the battle of Churu The report waa read, as follows : busco; who returned to his State the fir::;t American flag that was planted upon The Committee on Invalid Pensions, to whom was referred bill H. R. 2399, the castle of Chapultepec, even before the Mexican standard was hauled down ask leave to submit the following report: from the plaza of the castle, and at the same moment when one of the Mexican The certificate of the AdjutantrGeneral states that William McKee, husband generals surrendered his troops and the key to tlie enemy's ppsition to the men of Clarissa McKee, was mustered into the service of the United States, as a pri of the First Regiment of New York Volunteers; by whose side is shown in the vate, January 31, 1862, at Washington, D. C., in Company D, Second Regiment great painting of him now hanging iu the City Hall in New York the national of District of Columbia Volunteers, to serve three years, or during the war; and flag presented by General Winfield Scott to his regiment at the National Palace that he was discharged November 13, 1862, because of chronic rheumatism of in the City of Mexico, in January, 1848, in honor of its gallant conduct through six months' standing. the war. Here comes the soldier who thus presented the flags of his country The Surgeon-General's certificate shows that McKee was admitted to Oliff to his command at the island of Lobos, Mexico, in February, 1847, upon their burne Barracks hospital, September 9, 1862, with disease as before stated. knees repeating this oath from his lips: "No enemy shall capture these colors John Ditmars, captain of company in which McKee served, testifies that the while our lives are spared to defend them." Here comes a companion of Dan soldier was discharged because of asthina and chronic rheumatism, incurred iel Webster, of Andrew Jackson, of Henry Clay, against whom was closed the while in the service and the line of duty. doors of the Supreme Court of the United States. Dr. Cross testifies that he treated the soldier for ast.hma and chronic rheuma Here comes the man who is the oldest living graduate of WestPoint, who be tism from about December 1, 1862, to about December 1, 1870; also states that came a general in the Mexican war. Of the fruits of his valor was a territory he came home debilitated and generally broken down in health. He never after conquered by these United States in 1848 almost one-quarter in extent of its then acquired good health. Said soldier's condition was such that he had no power existing area, which is now peopled by 1,500,000 souls, and which from its mines or vital force to resist disease after leaving the Army. Dr. Cross again testifies, alone could pay our national debt. January 30, 1873, that when the soldler returned home from the Army his physi Here comes the man who was honored as the bravest officer in the Mexican cal condition was such that he was unable to perform hard labor, and the dis war, for by a vote of his comrades in arms he was awarded the gold box of ease which he contracted in the military service caused his strength to fail more President Jackson, which bears the following inscription: every day up to December 1, 1870, and in his opinion resulted in his death. [Front side.] The evidence on file in the Pension Office shows the fact of his death. The cer FEBRUARY 23, 1819. tificate of examining surgeon shows that Dr. Cross, who makes the affidavit as tO sickness and cause of death, is both competent and reliable. Presented by the mayor, aldermen and commonalty of the city of New York Statement of George 0. Halsey, of Newark, says that the widow is in poor to Maj.Gen.Andrew Jackson, with the freedom of the city, as a testimonial of health, and that of William B. Guild, that she is a poor, sickly woinan. respect for his high military service. Your committ-ee are of opinion that William McKee contracted disease while [Reverse side.] in the service that caused his death, and that the widow's health and pecuniary condition is such that she should have relief. Tln!: HEluaTAGE, TENNESSEE, August 17,1859. They therefore recommend the passage of bill H.•R. 2399, which places her Bequeathed name npon the pension-rolls, subject to the provisions and limitations of the by Maj. Gen. Andrew Jackson "to that patriot of New York city who {should pension laws. - 1524 CONGRESSIONAL REC-ORD-HOUSE. FEBRUARY 29" Mr. l\IATSON. I offer the amendment which I send to the desk. MARGARET A. CASWELL. The Clerk read as follows: The next business on the Private Calendar was the bill (H. R. 2473) Strike out all after the word "volunteers," in line 71 namely1 these words: "and for the relief of .Margaret A. Caswell. 'who was honorably discharged at Clifborn Unitea States nospital, November '.1.3, 1862, on account of asthma, rheumatism, and general disability, and who con The bill was read, as follows: tinued an invalid until he died, December 1, 1878. Be. it enact~d, .&c., That the Secretary of ~he Interior .be, and he is hereby, au thonzed and directed to place on the pens10n-roll, subJect to ihe provisions and The amendment was agree~ to. limitations of the pension laws, the name of largaret A . Caswell, widow of The bill as amended was laad aside to be reported to the House with Egbert H. Caswell, formerly of Company K. Thirty-fourth Regiment New York a favorable recommendation. Infantry Volunteers. The report was read, as follows: MRS. MARY 1U:'LAUGHLIN. The Committee on Invalid Pensions, to w~om was referred bill H. R. 2478, ask The next business on the Private Calendar was the bill (H. R. 2393) leaYe to submit the following report: granting a pension to Mrs. Mary McLaughlin. The petitioner is the widow of Egbert H. Caswell whose certificate of dis charge shows that he enlisted in the service of the United State in the late war The bill was read, as follows: on the 15th day of June, 1861, for two years, in Company K, Thirty-fourth Regi Be it e71-acted, &c., That the Secretary of the Interior be, and he is hereby, ment New York Volunteers, and that he was dischar!!ed l\1arch 2.1 1863 at Phil authorized and directed to place on the pension-roll, subject to the provisions adelphia, Pa. The surgeon's certifiate pronounces on""e of his disabilitie's to be a and limitations of the pension laws, the name of 1\lrs. Mary McLaughlin, widow fracture .of the tibia .while o.n duty at Bolivar Heights, by falling f1·om a stone of Barney McLaughlin, late of Company I, Thirty-fourth Regiment New Jersey wall while engaged ~n dra.wmg ";ater for his COJl:!-pany. '£he ankle freq uently Volunteers. s'"!el~e~ and was a.t times verypamful after walkmgorsta.nding. At Fair Oaks, VIrguua, :1\Ia.y s:t. 1862, he recen·ed wounds in battle still more erious. J_ J. The report was read, as follows: ~oodward, Uruted States Army surgeon, testifie that at this time Caswell was The Committee on Invalid Pensions, to whom was referred the bill H. R. disabled by a gunshot wou.nd in t11;e left leg. and also in the right thigh, and 2393, beg leave to submit the following report: that he was rendered deaf 1n the right ear by reason of the bur ting of a shell Mary IcLa.ughlin, the petitioner, widow of Barnard McLaughlin, asks to be near that organ. He was forced to use crutches for everal mont.hs after his placed upon the pension-roll for services rendered by her husband during the g~~~~rge. He also received a bayonet thru t through the palm of his right late war. Barnard McLaughlin was enrolled as a private in Company I, Thirty fourth Regiment, New Jersey Volunteers, April8,1865, and was mustered out . For his several wounds bewa treated in ho pital at Philadelphia and Wash .AprilS, 1866, and killed March 25, 1872, by falling into a vat of sulphate of copper, mgton; was reported by hi physicians as having partial paralysis of the leg at Trenton, N.J., leaving six children under age. The claim that he contracted and that he died, finally, from oftening of the brain. It is afa.ir inference that a di ea e from exposure while in Alabama doing picket duty by lying on this result was superinduced by exposure in the service and wounds re<"eivcd the swampy ground i substantiated by the surgeons; and also that he was sick but more directly from the bQr ting of the shell, which m ay have caused con~ with intermittent fever, which resulted in an ab cess of the right thigh, and that cussion of the brain. your committee are of the opinion that he died from the his leg became stiff, rendering locomotion difficult; he also suffered from gen cau es before stated, dtrectly traceable to his service and think his widow should eral debility; was granted a pension of per month, showing that the case was receive some aid from the Government in the form' of a pen ion and therefore recognized as meritorious by the Pension Office. It is claimed the accident recommend the passage of bill H. R. 2473. . ' would not have happened but for the tiff knee, received in service and in the line of duty. But for the accident, due to the stiff" knee, he might till be living, The bill wa laid aside to be reported to the House with a favorable drawing his pension, and supporting his family. recommendation. Under the circumstances the committee think it a. proper case for a. favorable JUDITH ·LAUTER. report7..!he death being traceable, indirectly, to disabili tie received in the service of the united States, and therefore recommend the pa age of bill H. R. 2393. The next business on the Private Calendar was the bill (H. R. 2400) The bill was laid a ide to be reported the House with a favorable for the relief of Judith Lauter; reported with an amendment. to The bill was read, as follows: recommendation. B e it enacred, &c., That the Secretary of the Interior be, and he is hereby au MRS. ANN W. MULVEY. thoriz.ed to direct the payment to Judith Lauter, widow of Anton Lauter l~te a The next business on the Private Calendar was the bill (H. R. 239 private in Company E, First Regiment New York Cavalry, and who no~ holds certi~cate No. 165077, of a pen ion at the rn.te of $8 per month, from the date of granting a pension to Mrs. Ann W. Mulvey. the diScha1·ge of her husband, Anton Lauter, to the 2d day of September 1869 The bill was read, as follows: the date of his death, as though he bad applied therefor d~uing his lifetim'e. ' Be it enacted, &c., That the Secretary of the Interior be, and he i hereby, au The amendment was read, as follows: thorized and directed to place on the pension-roll, subject to the provisions and conditions of the pen ion laws, the name of l\Irs. Ann W. l\Iuh:ey, mother of Strike out all after the word cavalry, in line 6, in these words: Francis S.l\:lulvey,late of Company D, Fifth New Jersey.Volnnteers · James W. "And who now holds certificate numbered 165077 of a pension at the rate of Mulvey, late of Company D, Eleventh New Jersey Volunteers; and August J. per month from the date of the di charge of her husband, Anton Lauter, to • l\Iulvey, late of Company D,Eleventh New Jersey Volunteers, all of whom died the 2d day of September, 1869, the date of his death, as though he bad applied in the Army,andpayher an increase of pension to the amount of 2-iper month, therefor during his lifetime." in lieu of that she now receives .i but nothing in this act shall entitle the said And insert in lieu thereof the following: l\Ir . Ann Mulvey to anears or pension. "Of a pension of $16 per month in lieu of the pen ion of $8 per month which v,r. he now receives." The report was read, as follows: The report was read, a follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R. The Committee on Invalid Pensions, to whom was referred bill H. R. 2400, a k 2398) ask leave to report: leave to submit the following report: · The petitioner, l\Irs. Ann W. Mulvey, a.sks an increase of her pension, in ac The pe.titioner, widow of Anton Lauter, asks Congre s to grant an in<.'rea eof cordance with the accompanying bill, for good and sufficient reasons, as herein her pensiOn to $16 per month. She was granted a. pension of per month and after stated. Her three sons enlisted in the Army and did service in the late war, the circumstances ~nder which she obtained such pension are as follows: ' two of whom were killed in battle and one died in hospital from wounds and Anton Lauter enl.tsted July 20,1861, in Company E, First Regiment New York exposure. One son lo t his life at Chancellorsville. The battle in which the Cavalry,.and wasdtscharged Augu t7, 1862. He died in 11569, since which time other was killed is not stated in the official papers, but the fact appears· in let the pens10n as above stated has becyn paid. The soldier was injured at Alex ters and affidavits made by herself and others. aJ?dria., Va., in.1862, while at drill, by his horse falling, throwing the rider under At the time of their enlistment her husband was an invalid, unable to earn htm. The acCident was severe, and Lauter was not able to return to his regi his living, and the family was dependent entirely upon the sons for support. ment. John Adams testifie that be knew Anton andJudithLautertwenty-one The ground upon which she received her pension was the case of the youngest years; that Anton was a healthy man when he entered the servic:e · that he saw son, Augustus, and is presented in detail. He enli!lted as a drummer June 3, him the day he came home from Army hospital in 1862, and that' he was then 1862, in Company D, Eleventh Regiment New Jersey Volunteers, and was dis fee bl~ and su~er~ng from diar~hea; that he then 1i ved in deponent's house from charged August 15,1863. His particular disability was a sprain in the left shoul the t1';Ile of his ~hscharge until h.e went to t~e New York almshouse hospital, der and right breast, received at Falmouth, Va., and he was rendered thereby Wards I sland, m 1869, and was sick all thetlme; and t.bathedid no work after unfit for duty. lea~ng the Army. The proof is positive as to the disability, and the pension was The surgeon's certificate states that he was discharged because of" advanced" ~II ere fore granted. 1\Irs. Laut~r is now seventy- even years old, and applies for tuberculosis,contractedafterenlistment. The affidavitof AlexanderN. Dough mcrease of pension because of her impoverished condition and inability to sup erty, surgeon and commander of the New Jersey Home for Disabled Soldiers, p~rt herself, claiming that the pension of $8 per month is insufficient. .As this located at Newark, N. J., shows that he was treated for consumption fwm widow can be P.roperly classed one of the wards of the Government, and is of March 3, 1870, to Aprilll, 1870, on which last-named day he died, and he swears extreme age, wtthout means of support, it seems that justice requires that. she also that the disease was contracted in the service. Au~ustus was but seventeen should be cared for, and the committee therefore recommend the passage of bill years of age when he died. No pension was granted hrm, although application H. R. 2400, with amendments. was made ; but death occurred before claim was decided. The case seems one of peculiar hardship. The mother and sons, it may be The amendment reported by the committee was agreed to. assumed, from an nnselfish devotion to the country's cause, sacrificed them The bill as amended was laid aside to be reported favorably to the selves for its preservation. With a sick husband to care for, and her sons tak ing the risks of battle and of death for the small pittance received by the soldier, House. a bare maintenance for the destitute family, and the final total destruction of GEORGE F. DRESSER. this mother's support, impresses the committee with the conviction that it would be but justice to grant her request, and therefore recommend the passage The next business on the Private Calendar was the bill (H. R. 1065); of bill H. R. 2398. reported with an amendment. The bill was read, as follows: The bill was laid aside to be reported to the Honse with a favorable Be it enacted, &c., That the Secretary of the Interior be, and he is hereby author recommendation. ized and directed to place on the pension-roll the name of George F. Dresser ORDER OF BUSINESS. formerly a private in Company A, Thirty-fifth Regiment New York State Volun: teers, at the rate of $30 per month, subject to the provisions and limitations of Mr. STEELE. I suggest to the chairman of the Committee on In the pension laws. valid Pensions that it is now about time for him to move that the com- The amendment of the committee wa.s as follows: mittee rise. · Strikeoutall after the word "month," in line7, namely, these words: "subject 1\fr. .:M:A.TSON. Let us get to the bottom ofthis page on the Calendar. to the provisions and limitations of the pension laws." . Mr. STEELE. Very well. 1 The report was read, as follows: Mr. BENNETT. I am requested by my colleague from North Caro- The Committee on Invalid Pensions, to whom was referred bill H R 1065 lina [Mr. Down] to state that he is detained from the House this even begs leave to submit the following report: · · ' ing by sickne~SS. The petitioner, George F. Dresser, enlisted in the service of the United States 1884. CONGRESSIONAL RECORD--HOUSE. 1525 September 14,1861, as a private in ~ompany A, Thirty-fi..fth Regiment New York PETITIONS, ETC. Volunteers, and was honorably discharged on the 14th day of September, 1863. At the battle of Fredericksburg, Va., December 13,1862, he was wounded by a The following petitions and papers were laid on the Clerk's desk, shell, before exploding, his left leg being nearlyc~ttofl',and it w~s subsequently under the rule, and referred as follows: amputated by reason of said wound. At the same t1me he was senously wounded in the left foot. He was sent to Saint Elizabeth Ho~pital, 'Vashington, and was By 1\Ir. BOUTELLE: Remonstrance of Edwin Libby Post, No. 16, discharged, as above stated. on the 13th day of September, 1863. The petit~o~er Grand Army of the Republic, of Rockland, :M:e., against the transfer of is unable to wear an artificial leg, the stump bemg so short as to render It Im the pension agencies-to the Committee on Appropriations. practicable to strap or bind the same so a~ to k!lep it in positiMinnesota and Red Rivers, in the State of Minnesotar-to the Committee on Rivers BILLS PASSED. and Harbors. . The following bills, reported from the Committee of the Whole Honse By Mr. CHARLES O'NEILL: Preamble and resolution of the board with amendments, were then taken up, the amendments agreed to, and of directors of the Maritime Exchange of Philadelphia, favoring there the bills as amended severally ordered to be engrossed for a third read demption of the trade-dollar-to the Committee on Coinage, Weights, ing; and they were accordingly read the third time, and passed: and .Measures. A bill. (H. R. 3669) granting a pension to Robert 1\L Flack; Also, petition of members of the Indian Rights Association of Penn A bill (H. R. 1025) granting an increase of pension to Sarah Dayton, sylvania, asking for an appropriation to educate certain tribes of In widow of Erastus G. Dayton; dians-to the Committee on Appropriations. A bill (H. R. 2399) granting a pension to Clarissa McKee; By Mr. PARKER: Petition asking encouragement for AmericaDship A bill (H. R. 2400) for the relief of Judith Lauter; and building and ship-owning-to the Select Committee on American Ship A bill (H. R. 1065) granting a pension to George F. Dresser. building and Ship-owning Interests. Mr. MATSON. I move to amend the title of the last bill so as to By 1\Ir. ROSECRANS: Petition of Fred M. Guiol and 25 others, of make it read: "A bill granting an increase of pension to George F. Warren Story and 68 others, of J. C. Stone and 58 others, ~ll wool Dresser.'' growers and citizens of California; also, of C. D. Ballard and 145 others, The amendment was agreed to. citizens of California, praying for the restoration of tariff of 1867 on Mr. MATSON moved to reconsider theseveral votes just taken; and imported wool-to the Committee on Ways and Means. also moved that the motion to reconsider be laid on the table. Also, memorial of the California Wool-Growers' Association, praying The latter motion was agreed to. for the restoration of the tariff of 1867 on imported wool-to the same Mr. MATSON. . I move that the House now adjourn. committee. The motion was agreed to; and accordingly (at 10 o'clock and 5 By Mr. 'l'ALBOTT: Papers relating to the claim of A. W. Hicks-to minutes p. m.) the House adjourned. the Committee on War Claims. 1526 ' CONGRESSIONAL RECORD-HOUSE. MARCH 1, By Mr. VANCE: Paper relating to the improvement of the Broad Mr. RANDALL. The report just read makes a full and complete River, in North Carolina-to the Committee on Rivers and Harbors. statement of the object of this proposed amendment of the rules. - I By Mr. WADS WORTH: Petition of soldiers, protesting against any therefore call the previous question. change in the manner of paying pensions-to the Committee on Appro- The previous question was order:ed; and under the operation thereof priations. . the resolution reported by the Committee on Ruies was adopted. By Mr. YOUNG: Papers relating to the claim of Leland Leather Mr. RANDALL moved to reconsider the vote by which the resolution man, executor, &c.-to the Committee on War Claims. was adopted; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. EXTRA COPIE.q OF BILLS, REPORTS, ETC. HOUSE OF REPRESENTATIVES. Mr. REED. The Committee on Rules, to which was referred a reso lution introduced bythe gentlemanfromNorthCarolina [Mr. SCALES] SATURDAY, March 1, 1884. in regard to the printing of additional copies of bills and other public The House met at 12 o'clock m. Prayer by the Chaplain, Rev. JOHN documents, have directed me to report back the same with an amend ment in the form of a substitute. S. LINDSAY, D. D. The Journal of the proceedings of yesterday was read and approved. 'l'he SPEAKER. The resolution as referred to the committee will first be read. MESSAGE FROM THE SENATE. The Clerk read as follows: A message from the Senate, by Mr. SYMPSON, one of its clerks, in Resolved, That the rules be amended by the adoption of the following: Motions formed the House that the Senate had passed and requested the con to print additional numbers of any bill, report, resolution, or other public docu ment shall be referred to the Committee on Printing, and when the committee currence of the House in a bill of the following title:· · shall report in favor of printing additional numbers, the report shall be accom A bill (S. 698) to authorize the construction of additional steel vessels panied by an estimate of the probable cost thereof, and when the cost of print for the Navy. ing such additional numbers shall exceed the sum of $500, the concurrence of the ORDER OF BUSINESS. Senate shall be necessary for the order to print the same. Mr. CONVERSE. I demand the regular order. The SPEAKER. The report of the Committee on Rules will now Mr. OATES. I rise to make a privileged report. be read. The SPEAKER. The gentleman will state it. The Clerk read as follows: The Committee on Rules, to whom was referred the resolution relating to FENCING IN PUBLIC LANDS. printing, submitted by Mr. ScALES, January 24,1884,ha.ve had the same under :Mr. OATES. I am instructed by the Committee onPublicLandsto consideration, and report that in their opinion the accompanying additional report back with an amendment the resolutions which I send to the rule should be adopted in place of the proposition submitted: Clerk's desk. RULE XLVI. Motions to print additional numbers of any bill, report, resolution, or other The Clerk read as follows: public document shall be referred to the Committee on Printing; and the re Resolved, That the Secretary of the Interior be, and he is hereby, requested to port of the committee thereon shall be accompanied by an estimate of the prob inform this House whether or not any portion of the public domain in the State able cost thereof. of Nebraska has been fenced in for any purpose whatever by any individual, corporation, or company, and especially by the Brighton Ranch Company of Mr. REED. The whole gist of this proposed rule is to be found in Custer County, and whether or not by such fencing in any post-route of the the last clause, requiring the Committee on Printing to submit an esti United States has been obstructed or interfered with. Resolved further, That if it be true portions of the public domain have been so mate of the cost of every matter on which they make a report. fenced in, to inform the House upon what authority, if any, the same was done; Mr. COX, of New York. Is that the only change which this prop- and what steps have been taken on the part of the Government to cause the osition will make? removal of such obstructions and the criminal prosecution of the offenders. ~Ir. REED. That is all. The report of the committee was read, a-s follows: ~Ir. COX, ofNew York. That is right. The Committee on Public Lands, to which was referred the resolutions calling ~Ir. call on the honorable the Secretary of the Interior for certain information with refer REED. I the previous question. ence to the fencing in of any portion of the public lands in the State of Nebraska, The previous question was ordered; and under the operation thereof &c., have had the same under consideration, and report the same back to the the amendment proposed by the Committee on Rules to the resolution House with a recommendation. that the same be amended by striking out the second resolution and substituting therefor the words "and also whether any of was adopted. the public lands in any other State or Territory have been fenced in by anyper The resolution as amended was adopted. son, firm, or corporation without authority of law, and what measures, if any, Mr. REED moved to reconsider the vote by which the resolution as have been a