I 2534 CONGRESSIONAL RECORD-HOUSE. MAROH 19,

So that the tactics of our Republican friends are not new in this could restrain any improper tendency on the part of the Executive or Chamber. of the Democratic majority in the Honse to excess in the appropriations We discussed the question atlength. Youy;illfind bylookingbacktothe his­ or in the extravagant use of the public money for any purpose, as well tory of that period that Mr. Ba rton, of Missouri, introduced such resolutions as as excesses in other matters, by resistance and exposure ·of improper I have mentioned, and discu ed them with great ability. You will find that, in every instance when the question was moved, the Democratic party, then measures before the country. called the Jackson party, unanimously voted down every r esolution denying But, let me saythatwhile such is the proud position which the other or calling for the reasons of executiYe removals. By referring to the debates side of this Chamber ought to occupy, its position to-day as demon­ of that day you will find that e>ery d ebater on the Democratic or Jackson side of the Senate denied utterly the power of the Senate to look behind the nomina­ strated by its action in reference to this que tion is that of an obstruct­ tions rmd inquire into the rouses of r emoval. Such, I repeat, was not my opin­ ive party, hindering the due exercise of the executive powers of this ion. I say again, I endeavored at the time to vindicate the opposite position, but Government, and from the very habit of opposition there is imminent I was voted down. The party with w h ich I was associated was always beaten upon that question. We were voted down at everysucceedingsession whenever danger that the other side of this Chamber may descend from the high · the question was raised, throughout the whole of my Congressional career; and position it ought to occupy down to a mere cabal and faction. there n ever wn.saninstancein whichitwus decided thattheSellilteofthe United What is the position which the Senate occupies to-day? The time was States had authority to limit or contJ:ol the removing power of the Executive. The result was that, as a majority of the sovereign States of the Union held when great men and great parties met in the Halls of Congress and dis­ that doctrine for twenty-five years or more, I at last acquiesced in what I could cussed measures of government and administrative policies; but to-day not prevent, nnd was forced to succumb to the views of the majority. All my the Senate is degraded by a scramble for the retention of offices in the political friends finally yielded and gave up the point, considering that the voice of the people of the United Sta tes had sustained our opponents on the whole Republican party. If some one who in other days had w:itnes ed in the matter in difference between us. We finally abandoned, not by any public re· old Chamber the debates in advocacy and opposition on questions of gov­ cantation, but by our silence, resistance to the removing power, as a point of ernment and policies of administration should appear in these galleries political controversy; and hence, for many years past, you ha>e scarcely heard a word on this topic in the Halls of Congress. and look down on the attitude of the majority of the Senate in a contest Ever since the days of General Jackson each successive President had exer­ which it has forced upon the President for the inspection of his private cised this power of removal without question from any quarter whatever. He papers, with what sadness would he contemplate the change that has has exercised it in every instance without control, without record, without trial, and without giving notice t-o the party accused. No man has contended for years taken place. Perhaps retiring with bowed head from a scene so humil­ past that o. person removed from office had a right to demand from the Execu­ iating, he would recall the exclamation, "Thou art the man, but oh ! tive of this country the reason for which he wns removed, or might require a how fallen.'' trial before he was removed, or the production of a record to show the grounds for his removal, or that notice should be given him, and that he should be heard I should be glad to see the Senate relieve itself from the impression anywhere in regard tQ the removal. 'Vehad in vain denounced the tyranny of which this discussion is calculated to make and resume the high posi­ the proscriptive PQlicy,and we yielded, however reluctantly, to the popular will. tion it ought to occupy, and not degrade itself by seeking to degrade the Justwhat1tir. Clayton said, in referencetowhatthecommissionsbore executive department of the Government. on their face, that they were held at ''the pleasure of the President,'' is Mr. COLQUITT. 1tir. President, I am conscious that this is a very true of naval commissions. I have not looked into civil commissions unpropitious hour to engage the attention of the Senate. The debate or into military commissions, but I did take the pains to go to the office has been protracted; it has been conducted with signal ability and great of the Secretary of the Navy, and I find that the commissions to-day historical research; and it is not unnatural that the patience of the Sen­ bear upon their face that they hold their offices at ''the pleasure of the ate has been wearied, or that thenoveltyofthesnbject has been lostto President." Whether this is true of civil officers I do not know, for I the public. I promise, however, that I shall be very brief in the re­ have not examined the commissions; whether it is true of military com­ marks that I have to make. I shall not follow at length the line of missions I do not know, but after the action of 1789, during the ad­ argument or of precedent which has been pursued by others. ministration of President Washington, the formu1a of commissions was The question has been debated so ably, and so many precedents and adopted in conformity with the declaration of the Congress of 1789 that arguments which have been presented by those who have considered it removals were at the pleasure of the President, and the commissions have related almost entirely to the power of the P~esident to make re­ to the nava.l officers at least indicate that that has been the judgment movals from office, that it seems to me it is hardly necessary to continue of the country from that day to this, for the commissions have not been the discussion upon that line. altered. Mr. RANSOM. Mr. President, it is now late, and if it be agreeable I am aware that there was some legislation in 1865 in reference to re­ to the Senator from Georgia I will move an adjournment, so that he movals of military or naval officers unless on the judgment of courts­ may have the floor for Jtfonday. martial. That relieves the executive department no doubt just as it Several SENATORS. Let us have an executive session. relie>ed President Pierce in 1855 to have the report of a retiring board Mr. COLQUITT. It will be agreeable to me if I can be heard early in order that he might exercise his constitutional function of removing on Monday morning. I shall not occupy a great length of time in the naval officers. So the President, in regard to military commissions, re­ discussion. The Senate is wearied, and it is more from ·regard to their tains the power of removal inherent in his office, and it is not affected comfort than to my own that I yield to the motion of my friend from by the legislation of 1866 in reference to military officers, nor by the North Carolina. action of Congress in 1867 in reference to the tenure-of-office act. The Mr. EDMUNDS. I wish to say, if I may by unanimous consent, constitutional power still inheres in the President, though he may think that while I shall not oppose this anjournment, I hope the Senate will it proper to follow the statutory provisions in the exercise of his inherent be willing, as the Senator from Delaware says this is such a frivolous power of removal, in conformity with the wishes of Congress, but it is matter, to stay and put an end to it on Monday, no matter how long it nevertheless true that legislation has not deprived him of his constitu­ takes. tional function of removal ftom civil office. The PRESIDENT pro tempore. Does the Senator from Georgia yield Mr. President, the existence of political parties in this country is, I to the Senator from North Carolina? had almost said, absolutely necessary to the proper administration of Mr. COLQUITT. Yes, sir. public affairs; perhaps in all governments opposition parties are essen­ 1tir. RANSOM. I move that the Senate adjourn. tial to the proper administration of government, and it is especially Mr. COCKRELL. There is some executive business, I understand. true in this country. The minority party can exercise a most salutary Mr. EDMUNDS. There is not enough executive business to bother influence upon the action of the majority, and our Republican friends about now. on the other side of t.his Chamber occupy a. position to-day where they The PRESIDENT pro tempore. It is moved that the Senate ad­ can render valuable service·to the country. If, properly appreciating journ. their position, they follow in proper paths, they can exert the most salu­ The motion was agreed to; and (at 4 o'clock and 32 minutes p.m.) tary and beneficial influence on the administration of public affairs. I the Senate adjourned. recall the position of the Democratic party, to which I belong, when I first came to the Senate. We were but few. When I took my seat there were but eight Democratic Senators on this floor holding over. When I came in we were a body of thirteen, but I remember that we HOUSE OF REPRESENTATIVES. made war upon what we conceived oppressive measures of the majority, how we restricted their appropriations of the public money by holding FRIDAY, March 19, 1886. up to public gaze the extra;mg..'l.nce of the Republican majority, having then a majority in this Honse of two-thirds or three-fourths, and a. The Honse was called to order at 12 o'clock m. by Mr. CRr P, who majority in the other Bouse, and possessing the Executi>e Depart­ directed the reading of the following communication: ments. I became so infatuated with the minority position that I con­ SPEAKER's Roo;u:, liocsE OF llEPRESEh""TATITES, March 10, 1886. fess I have never felt a very great anxiety to be in the majority in the Sm: I hereby designate lion. C. F. CRISP to preside as Speaker pro tempore during this dny. · administration of Government. JOHN G. CARLISL E, Speaker• .As I say, that feeble minority of Democrats at that day did exert a. Ron. JoHN B. CLARK, Jr., most salut.ary influence upon the legislation of Congress in restraining Clerk House of .Representatives. the excesses of the Republican majority in this Chamber :md in the other Prayer by Bishop McTYERE, of Tennessee. Honse. So I say our Republican friends on the other side of the Cham­ The Journal of yesterday's proceedings was read and appro>ed. ber, if they would rise up to the dignity of their true position, if they would abandon all obstructive proce es, all factions processes, and act PROCEEDS OF SALE OF INDIAN RESE&V ATION . as sentinels and guards over the public interests of this country, they The SPEAKER pro tempore laid before the Honse the following mes- 1886. CONGRESSIONAL RECORD-HOUSE. 2535 sage from the President of the United States; which was read, referred terday. I ask leave to correct these errors, and I also ask permission to the Committee on Indian Affairs, nnd ordered to be printed: to extend my remarks in the RECORD. . To Ute Senate and House of Represenlatit·es: The SPEAKER pro tempore. The gentleman from Texas can make I transmit herewith a communication of the 16th instant from the Secretary of any corrections he desires by handing them to the Official Reporters. the Interior, submitting, with accompanying papers, a draught of a bill prepared The gentleman asks leave to extend his remarks on the Indian appro­ by the Com.mis ioner of Indian Affairs, providing for the use of certain funds, proceeds of Indian reservations, covered into t-he Treasury under the provisions priation bill. Is there objection? of the act of March 3,1883, for the benefit of the Indians on whose account the There was no objection. same is covered in. The subject is recommended to thefayorable consideration an~ action of Con­ POSTAL LA. WS AND REGULATIONS. gress. GROVER CLEVELAND. Mr. REID, of North Carolina, from the Committee on Printing, by EXECUTIVE 1\IA.Nsrox, March 18, 18SG. unanimous consent reported back the bill (H. R. 4420) to authorize INDIAN TRAINING SCHOOL, SA.LE:.U:, OREG. the publication of a new edition of the Postal Laws and Regulations, with an amendment by the Senate, and moved that the amendment of the The SPEAKER pro tempore also ]aid before the House the following Senate be concmTed in. message from the President of the United States; which was read, re­ The amendment was read, as follows: ferred to tile Committee on Indian Affairs, and ordered to be printed. To the Senate and House of :Representatlves: In lines2and 3, strike. out" 7,500" and insert "75,000." I transmit herewith a communication of the 16th instant from the Secretary of Mr. REID, of North Carolina. The bill at it passed the House pro­ the Interior, submitting, with accompanying papers, a draught of a. bill prepared by the Commissioner of Indian .A.:ffairs," to authorize the purchase of a tract of vided for the printing of 75,000 copies. A typographical error makes land near Salem, Oreg., for the use of the Indian training school." it 7,500. The amendment of the Senate is to correct that erro!:'. The The subject is presented for ~he consideration and action of Congress. amount appropriated is the same. • GROVER CLEVELAND. EXECUTIVE 1\!.U.""SIOY , March 18, 1886; Mr. BRAGG. Is that a private bill? The SPEAKER pro tempore. It is not a private bill. UBG~""T DEFICIE..~CIES. The amendment of the Senate was concurred in. The SPEAKER pro tempore laid before the House the bill (H. R. 5893) to provide for certain of the most urgent deficiencies in the appropria­ ORDER OF BUSINESS. ' tion for the service of the Government for the fiscal year ending June Mr. HATCH. I ask unanimous consent to make a report from the 30, 1886, and for other purposes, with Senate amendments thereto; Committee on Agriculture. · which was referred to the Committee on Appropriations. Mr. BE.A.CH. I object. LEA.VE OF ABSENCE. BUSINESS OF FRIDA.Y EVENING SESSIONS. By unanimous consent leave of absence was granted to Mr. HALE for Mr. MATSON. I ask unanimous consent that the order for the ses­ ten days, ,on account of important business. · sions on Friday evening may be so modified as to confine the business to a consideration of bills granting pensions and bills to remove polit- . REFEREXCE OF SENATE BILLS. ical disibilities. There seems to be some apprehension that bills of a The SPEAKER pro tempore, in pursuance of the rule, laid before the different character may be by inadvertence referred to the Committee House Senate bills; which were severally referred as follows, namely: on Pensions or the Committee on Invalid Pensions, and by them re­ The bill (S. 9) to fix the day for the meeting of the electors of Presi­ ported, and that thereby an imposition might be made on the House. dent and Vice-President and to provide for and regulate the counting To make the order more specific I ask unanimous consent that the of the vote for President and Vice-President and the decision of ques­ words ''granting pensions'' may be inserted in the order after the word tions arising thereon-to the Select Committee on the Election of'Pres­ "bills." I think there can be no objection to that. ident and Vice-President. :rtlr. DOCKERY. That is right. The bill (S.182) to provide for a commission on the subject of the al­ The SPEAKER JJTO tempore. The Clerk will report the order as it coholic liquor traffic-to the Select Committee on the Alcoholic Liquor will stand if amended. TI'affic. The Clerk read as follows: The bill (S. 11 27) to amend and correct the act approved J.Iarch 3, 1885, Resolved, Th,at on each Friday the House shall take a recess from 5 o'clock p. granting a pension to Sarah Hague. m. until 7.30 p.m., at which evening sessions private bills granting pensions, re­ ported from the Committee on Invalid Pensions and the Committee on Pensions, The bill (S. 1405) to provide for the study of the nature of alcoholic and bills reported from the J udic.iary Cominittee to remoYe political disabilities drinks and narcotics, and of their effects upon the human system, in only, be considered. connection with the several divisions of the subject of physiology and The SPEAKER pro temp!Jre. Is there objection to the·present con­ hygiene, by the pupils in the public schools of the Territories and of the sideration of the amendment to the special order offered by the gentle­ District of Columbia and in the Military and Naval Academies and In­ man from Indiana? dian and colored schools in the Territories of the United States-to the There was no objection, and the amendment wns agreed to. Committee on Education. 1\IESSA.GE FROM .THE SE..."iA.TE. WITHDRA.W .A.L OF P .A.PERS. A message from the Senate, by Mr. SYMPSON, one of its clerks, in­ On motion of M:r. PAYSON, by unanimous consent, leave was granted formed the House that the Senate had passed bills of the following to withdraw from the files of the House certain original papers pre­ titles; in which the concurrence of the House was requested: sented to the Committee on Military Affairs in the Forty-fourth Con­ A bill (S. 236) to authorize the Bellingham Bay Railway and Navi­ gress in relation to the bill of the !flouse No. 76, there being no ad­ gation Company to build certain bridges in the Territory of Washing­ verse report. ton· UNIFORl\I SYSTEM OF BA.NKRlJPTCY. A bill (S. 901) to grant to the Astoria and Winnemucca, Rail way Com­ Mr. HAMMOND. Mr. Speaker, I was not observing on yesterday pany the right to construct bridges over navigable water conr es; when the Committee on the Judiciary reported back the bill (H. R. A bill (S. 1404) to authorize the acquisition of certain parcels of real 1119) to establish a uniform system of bankruptcy throughout the estate embraced in square No. 406, ofthecityofWashington, for the en­ United States. I desire leaveto file theviewsofthe minority in oppo­ largement of the Post-Office Department building and to provide accom- sition to the report of the committee upon that bill. modations for the city post-office; and · The SPEAKER pro tempore. Jfthere be no objection the minority A bill (S. 1471) to remove the charge of desertion from the rolls and of the committee will be permitted to file its views, to be printed with records in the Office of the Adjutant-General of the Army against cer­ the report of the committee. tain soldiers. There was no objection, and it was ordered accordingly. ORDER OF BUSI!o.TESS. CORRECTION. The SPEAKER pro temp01·e. This being Friday, the Chair will pro­ J\1r. WELLBORN. :rt1r. Speaker, I rise to make a correction of the ceed to call eommittees for reports on bills of a private nature. RECORD. On page 2498 of the record of the proceedings of this morn­ NICHOLAS DAILEY. ing I am reported as using this language: Mr. BRAGG, from the Committee on llfilitary Affairs, reported back Oh, no Mr. Chairman, I never made any remark about my colleague's "usual with a favorable recommendation the bill (H. R. 3026) removing the proneness to error." I would not think for a moment of making any such gen­ charge of desertion from the military record of Nicholas Dailey; which eral charge. was referred to the Committee of the Whole House on the Private Cal­ That is correct as far as it goes; but I also made an explanation of endar, and, with the accompanying report, ordered to be printed. the application which was made of the words '' proneness to error,'' and stated that they "Were applied by me to the speech of my colleague THmiA.S DUNCAN. from Texas which I was then criticising, and not to him personally. 1\Ir. BRAGG, from the Committee on Military Affairs, also reported, In other words, my criticism was on the speech and not on him per­ as a substitute for H. R. 4737, a bill {H. R. 6982) for the relief ofThomas sonally; the former was legitimate, while I think the latter would have Duncan; which was read a first and second time, referred to the Com­ been improper. mittee of the Whole House on the Private Calendar, and, with the ac­ 1\Ir. THROCKMORTON. In this connection I desire to state that I companying report, ordered to be printed. notice SOt"ll.e errors in the printed report of the remarks I made on yes- House bill No. 4737 was laid on the table. 2536 CONGRESSIONAL RECORD-HOUSE. MARcH 19,

TWELFTH MICmGAN VOLUNTEER INFANTRY. .ADAM FELTNER. Ur. BRAGG, from the Committee on Military Affairs, also reported, Mr. TAULBEE, from the Committee on Invalid Pensions, also re­ as a substitute for H. R. 4057, a bill (H. R. 6983) for the relief of certain ported backwithafavorablerecommendation the bill (H. R.6045) grant­ soldiers of the Twelfth Michigan Volunteer Infantry dishonorably dis­ ing a. pension to Adam Feltner; which was referred to the Committee charged under Special Orders, No. 92, 'Var. Department, Adjutant­ of the Whole House on the Private Calendar, and, with the accompa­ General's Office, dated March 1, 1866; which was read a first and sec­ nying report, ordered to be printed. ond time, referred to the Committee of the Whole Honse on the Private Calendar, and, with the accompanying report, ordered to be printed. 1\IRS. CLARISSA TAFT. House bill No. 4057 was laid on the table. Mr. SAWYER, from the Committee on Invalid Pens:ons, reported back with an amendment the bill (H. R. 5351) granting a pension to ADVERSE REPORTS. Mrs. Clarissa Taft; which was referred to the Committee of the Whole Mr. BRAGG, from the Committee on Military Affairs, also reported House on the Private Calendar, and, with the accompanying report, back with adverse recommendations billsofthe following titles; which ordered to be printed. were severally laid on the table, and the accompanying reports ordered EVALINE .A. WHITE. to be printed: Mr. SAWYER, from the Committee on Invalid Pensions, also re­ A bill (H. R. 4661) authorizing the President to a_ppoin t to the posi­ ported back with an amendment the bill (H. R. 1560) for the relief of tion he held when mustered out, and, if he deems it advisable, to place Evaline A. White; which was referred to the Committee of the Whole on the retired-list William Welsh, late a captain of the Twenty-fifth House on the Private Calendar, and, with the accompanying report, United States Infantry; ordered to be printed. A bill (H. R. 4623) to place Hospital Steward Jeremiah Phelan on ALGERNON S. FLAGG. the retired-list; A bill (H. R. 3071) for the relief of Albert P. Cunningham; Mr. LOVERING, from the Committee on Invalid Pensions, reported A bill (H. R. 4239) to remove the charge of desertion from Joseph back with a favorable recommendation the bill (H. R. 4026) granting a P. Swope, late a member of Company A, Eleventh Pennsylvania Cav­ pension to Algernon S. Flagg; which was referred to the Committeeof the Whole House on the Private Calendar, and, with the accompany­ alry; A bill (H. R. 3913) to remove the charge of desertion against Frank ing report, ordered to be printed. Wempe; JOHN OWENS. A bill (H. R. 6217) for the removal of the charge of desertion against Mr. LOVERING, from the Committee on Invalid Pensions, also re­ the record of Eli Haines; ported back with an amendment the bill (H. R. 1117) granting a pen­ A bill (H. R. 3813) for the relief of Charles B. Pease; sion to John Owens; which was refened to the Committee of the Whole A bill (H. R. 3962) for the relief of Charles Heutz; House on the Private Calendar, and, with the accompanying report, A bill (H. R. 4724) to remove the charge of desertion from the mili· ordered to be printed. tary record of Jacob Smith; ADVERSE REPORTS. A bill (H. R. 4495l for the reliefofThomas G. Milligan; Mr. LOVERING, from the Committee on Invalid Pensions, also re­ A bill (H. R. 2602 for the relief of Ephraim Hess; ported back adversely bills of the following titles; which were sever­ A bill (H. R. 4486 for the relief of Charles Davidson; ally laid on the table, and the accompanying reports ordered to be A bill (H. R. 3745) for the relief of James W. Schaumburg; printed: A bill (H. R. 5073) to correct the muster-roll of Company B, Twelfth A bill (H. R. 5507) granting a. pension to Elizabeth Clune; Ohio Infantry, as to the name of Andrew C. Miller, late second lieu­ A bill (H. R. 6086) granting a. pension to Dileno Robinson; and tenant of said company; .A bill (H. R. 6085) granting a pension to George Norwood . .A bill (H. R. 4215) for the relief of Elias Raine; and .A bill (H. R. 3157) for the relief of Charles M. Blake. li.IRS. ELIZABETH IIUMES . On motion of Mr. BRAGG, the Committee on Milit.'U'y Affairs was Mr. HAYNES, from the Committee on Invalid Pensions, reported discharged from the further consideration of the bill (S. 498) for the back with a favorable recommendation the bill (H. R. 6466) granting relief of George T. Dudley, and the sa.me was referred to the Committee a pension to Mrs. Eliza Humes; which was referred to the Committee on War Claims. of the Whole House on the Private Calendar, and, with the accompa- ERNEST BEECHNER. nying report, ordered to be printed. · Mr. VIELE, from the Committee on Military .Affairs, reported back CHARLES A. CHASE. with a favorable recommendation the bill (H. R. 20) authorizing the Mr. H.A YNES, from the Committee on Invalid Pensions, aL~ reported Secretary of War to remove the charge of desertion from the record of back with a favorable recommendation the bill (H. R. 6372) granting a private Ernest Beechner; which was referred to the Committee of the pension to Charles A. Chase; which was refe.rred to the Committee of Whole House on the Private Calendar, and, with the accompanying re­ the Whole Honse on the Private Calendar, and, with the accompanying port, ordered to be printed. report, ordered to be printed. JA:\IES P. COWENS. .ADVERSE REPORT. :Mr. VIELE, from the Committee on Military Affairs, also reported Mr. HAYNES, from the Committee on Invalid Pensions, also reported back with an adverse recommendation the bill {H. R. 359) for the relief back with an adverse recommendation the bill (H. R. 4396) to pension of Ja,mes P. Cowens; which was laid on the table, and the a-ccompa­ HarrietR. Harrington; which was laid on the table, and the accompany­ nying report ordered to be printed. ing report ordered to be printed. WILLIA:ll J. IIUDSON. 1\I.A.RY .A. LITTLE. Ur. CONGER, from the Committee on Invalid Pensions, reportell Mr. MATSON, from the Committee on Invalid Pensions, reported back:with a favorable recommendation the bill (H. R. 4850) for the relief back with a favorable recommendation the bill (H. R. 567) granting a of William J. Hudson; which was referred to the Committee of the pension to Mary A. Little; which was referred to the Committee of the Whole House on the Private Calendar, and, with the accompanying re­ Whole Honse on the Private Calendar, and, with the accompanying re­ port, ordered to be print-ed. port, ordered to be printed. CATHERINE KEN:l'.TEDY• .AD.A:M: GASTON. Mr. CONGER, from the Committee on Invalid Pensions, also report!:d Mr. MATSON, from the Committee on Invalid Pensions, also reported baek favorably the bill (H. R. 6639) granting a pension to Catherine back with a favorable recommendation the bill (H. R. 550) to restore to Kennedy; which was referred to the Committee of the Whole House on the penRion-roll the name of .Adam Gaston; which was referred to tbe the Private Calendar, and the accompanying report ordered to be printed. , Committee of the Whole House on the Private Calendar, and, with the accompanying report, ordered to be printed. .ADVERSE REPORTS. ' Mr. CONGER, from the Committee on Invalid Pensions, also reported ALTHEA .A. FRASNER. back adversely bills of the following titles; which were severally laid Mr. 1t'IATSON, from the Committee on Invalid Pensions, also reported on the table, and the accompanying reports ordered to be printed: back with a favorable recommendation the bill (H. R. 515) granting a A bill (H. R. 5993) granting a pension to Henry Rever; pension to Althea A. Frasner; which was referred to the Committee of .A bill (H. R. 5905) to grant a pension to James C. Garrison; the Whole Honse on the Private Calendar, and, with the accompanying A bill (H. R. 5994) granting a pension to Curtis L. Snyder; and report, ordered to be printed. A bill (H. R. 5906) granting a pension to GeorgesW. Nokes. GREENVILLE R. HALE. CHARLES SEBRING. Mr. TAULBEE, from the Committee on Invalid Pensions, reported Mr. WINANS, from theCommitteeon Invalid Pensions, reported back back with a favorable recommendation the bill (H. R. 6039) for the relief with amendment the bill (H. R. 3135) granting an· increase of pension ofGreenvilleR. Hale; which was referred totheCommitteeoftheWhole to Charles Sebring; which was referred to the Committee of the Whole Honse on the Private Calendar, and, with the accompanying report, Honse on the Private Calendar, and the accompanying report ordered ordered to be printed. to be printed. 1886. CONGRESSIONAL RECORD-HOUSE. 2537

JOHN H. S.NYDER. versely bills of the following titles; which were severally laid on the Mr. WINANS, from the Committee on Invalid Pensions, also reported table, and the accompanying reports ordered to be printed: back favorably the bill (H. R. 2803) granting a pension to John H. A bill (H. R. 831) for the relief of Thomas B. Gossom, administrator; Snyder; which was referred to the Committee of the Whole House on A bill (H. R. 854) for the relief of W. P. Hendricks; the Private Calendar, and the accompanying report ordered to be printed. A bill (H. R. 5968) for the relief of Patrick Fitzpatrick; ancl A bill (H. R. 829) for the relief of Samuel E. Carpenter. HARRISON W. 1\IOORE. Mr. SMALLS, from the Committee on War Claims, reported back ad­ Mr. WINANS, from the Committee on Invalid Pensions, also reported verselythe bill (H. R. 5710) for thereliefofBenjaminJ. Hevenor; which ba{lk with amendment the bill (H. R. 6339) for the relief of Harrison was laid on the table, and the accompanying report ordered to be W. Moore; which was referred to the Committee of the Whole House printed. on the Private Calendar, and the accompanying report ordered to be ROMAN CATHOLIC CHURCH, CHATTANOOGA, TENN. printed. E:llELINE ROBERTS. Mr. JOHNSTON, of Indiana, from the Committee on War Claims, reported a bill (H. R. 6985) for the relief of the Roman Catholic church, Jr!r. WINANS, from the Committee on Invalid Pensions, also reported of Saint Peter and Saint Paul, at Chattanooga, Tenn.; which was read a back with amendment the bill {H. R. 3741) granting a pension to first and second time, referred to the Committee of the Whole House Emeline Robert.'i; which was referred to the Committee of the Whole on the Private Calendar, and, with the accompanying report, ordered House on the Private Calendar, and the accompanying report ordered to be printed. · _ to be printed. ADVERSE REPORT. MARTIN TAYLOR. Mr. JOHNSTON, of Indiana, from the Committee on War Claims, Jr!r. PIDCOCK, from the Committee on Invalid Pensions, reported also reported backadverselythe bill {H. R. 2403) for the relief of William back favorably the bill (H. R. 1330) granting a pension to Martin Tay­ H. Wright; which was laid on the table, and the accompanying report lor; which was referred to the Committee of the Whole House on the ordered to be printed. Private Calendar, and the accompanying report ordered to be printed. PRIVATE CALENDAR. WILLIAM ANTES. Mr. SPRINGER. I move that the House now resolve itself into the Mr. PIDCOCK, from the Committee on· Invalid Pensions, also re­ Committee of the Whole for the purpose of considering the Private ported back with amendment the bill (H. R. 5329) granting a pension Calendar. to William Antes; which was referred to the Committee of the Whole The motion was agreed to. House on the Private Calendar, and the accompanying report ordered to The House accordingly resolved itselfinto the Committee of the Whole be printed. on the Private Calendar, Mr. HATCH, of Missouri, in the chair. ROBERT BEARD. Mr. PIDCOCK, from the Committee on Invalid Pensions, also re­ ALFRED :\111\IURTRIE. ported back favorably the bill {H. R. 5899) to place the name of Robert The first business on the Private Calendar was the bill (H. R 2066) Beard on the pension-roll; which was referred to the Committee of the for the relief of Alfred McMurtrie. Whole House on the Private Calendar, and the accompanying report The bill was read, as follows: ordered to be printed. Be it enacted, &c., That the Secretary of the Treasury be, n.nd he is hereby, au­ STEVENS W. :MERRILL. thorized and directed to pay to Alfred McMurtrie, of Luzerne County, Pennsyl­ vania., out of any money in the Treasury not otherwise appropriated, the sum Mr. NEECE, from the Committee on Invalid Pensions, reported back of W5, for hay, corn, and oats taken for the use of and used by the Army of the with amendment the bill (H. R. 4461) granting a pension to Stevens W. United States, with interest from January 1, 1864, at 6 per cent. Merrill; which was referred to the Committee ofthe Whole House on the The_report {by Mr. HIESTAND) was read, as follows: Private Calendar, and the accompanying report ordered to be printed. The Committee on War Claims, to whom was referred the bill (H. R. 2066) for the relief of Alfred l\IcMutrie, report as follows: JOHN A. ORENDORFF. The facts out of which this claim for relief arises will be found stated in House Mr. SWOPE, from the Committee on Invalid Pensions, reported back report of the Committee on War Claims No. 1840, first session of the Forty­ eighth Congress, a copy of which is hereto appended. favorably the bill (H. R. 4685) for the relief of John A. Orendorff; which The committee adopt the said report as their own, and report back the bill, was referred to the Committee of the Whole Honse on the Private Cal­ nnd recommend its passage with an amendment, as follows: endar, and the accompanying report ordered to be printed. In line 8, after the words" United States," strike out the following: "with in­ terest from January 1, 1864, at 6 per cent." REBECCA MARCHANT. [House Report No. 1MO, Forty-eighth Congress, first session.] Mr. SWOPE, from the Committee on Invalid Pensions, also reported The Committee on War Claims, to whom was referred the bill (H. R. 5583)for the relief of Alfred McMurtrie, submit the following report: back favorably the bill {H. R. 2054) granting a pension to Rebecca .Mar­ The facts of the case are these : That on the 5th of December, 1863, and January chant; which was referred to the Committee of the Whole House on the 18, 1864, Captain Miles, of the Twenty-first Regiment Pennsylvania. Cavalry, took Private Calendar, and the accompanying report ordered to be printed. from the claimant, in Luzerne County Pennsylvania, thefollowing.quartermas­ ter's supplies, to wit: 1,300 pounds of ha::r, 30 bushels of corn, and 50 bushels of SAMUEL S. HALL. oats, and gn.ve receipts and vouchers for the same; that the price agreed upon at the time was, for the hay, $25 per t()n; for the corn, $1.62 per bushel, and for Mr. SWOPE, from the Committee on Invalid Pensions, also reported the oats, ~1 per bushel, amounting in all to $115. back adversely the bill {H. R. 3162) granting a pension to SamuelS. February 9,1883,1\Ir. Quimby, an ngent of the Quartermaster's Department, who was charged with the duty of investigating this claim, after reviewing the Hall; which was laid on the table, and thea{)Companying report ordered evidence, says: . to be printed. "The records of the office of the adjutant-general of this State [Pennsylvania] ANDREW GLEESON. show that on the 23d day of August,l883, the Twenty-first Regiment Pennsyl­ vania Ca.vaJry was ordered to Harrisburg, whence a. detachment, consisting of M1-. 'VARNER, of Missouri, from the Committee on Claims, reported Companies C, E, K, L, and 1\1, was sent on duty to Pot-tsville and Scranton, Pa. back favorably the bill (H. R. 6794) for the relief of Andrew Gleeson; George L. Mills, captain Company L, Twenty-first Regiment Pennsylvania Cav­ which was referred to the Committee of the Whole House on the Pri­ alry, was mustered into the service of the United States August 10,1863, and was mustered out February 20,1864. From the evidence annexed, no question exists vate Calendar, and the accompanying report ordered to be printed. in my mind but that the forage claimed for was actuaJly consumed by Govern­ ment animals, and that it was delivered and receipts given to claimant therefor GEORGE C. ELLISON. and lost as alleged. I respectfully recomm.end that if, upon examination, the a said receipts are found not to have been presented and paid, this claim be al­ Mr. HOWARD, from the Committee on Claims, reported bill (H. lowed for the full amount claimed." R. 6984) to provide for the reimbursement of costs and expenses in cer­ After an examination to ascertain if the receipts were presented and paid, the tain judicial proceedings and for the relief of George C. Ellison; which Third Auditor, on the 16th day of July, 1883, reported" No payments to Alfred was read a fu-st and second time, referred to the Committee of the Whole McMurtrie, of Luzerne County, Pennsylvania." Rouse on the Private Calendar, and, with the accompanying report, The amendment of the committee was read, as follows: ordered to be printed. In line 8, after the words" United States," strike out the followin~: F. E. FOLSo.:II. "With interest from January 1,1864, at 6 per centum." Mr. HOWARD, from the Committee on Claims, also reported back The amendment of the committee was agreed to. favorably the bill (H. R. 97) for the relief of F. E. Folsom; which was On motion of Mr. HIESTAND, the bill as amended was laid aside to 1·eferred totheCommitteeofthe Whole House on the Private Calendar, be reported to the House with the recommendation that it do pass. and the accompanying report ordered to be print-ed. THO:uAS l\f1BRIDE. CHANGE OF REFERENCE. The next business on the Private Calendar was the bill (H. R. 4836) On motion of Mr. GEDDES, the Committee on War Claims was dis­ for the relief of Thomas McBride. charged from the further consideration of the bill (H. R. 3416) for the The bill was read, as follows: relief of Samuel Bailey; and the same was referred to the Committee on Be it enacted, ~c., That the Secretary of the Treasury be, and he hereby is, au­ Invalid Pensions. thorized and directed to pay, out of any money in the Trea-sury not otherwise ADVERSE REPORTS. b~~:~lfe~~~:~:J~~~~i~~~~ ~ha~t~ ~~~ei~~~~d~~~~~~~:~e~: Mr. GEDDES, from the Committee on War Claims, reported back ad- Mr. WARNER, of UissourL Let the report be read. 2538 CONGRESSIONAL RECORD-HOUSE. MARCH 19,

The report (by Mr. HmsT.AN"D) wus read, as follows: [Senate Report No.l339, Forty-eighth Congress, second session.] The Committee on War Claims, to whom was referred the petition of Thomas The Committee on Claims, to whom was referred the bill (S. 688) for the relief McBride, beg leave to report: of A. K. Shepard, have exnm.iued the same, and report as follow. : The facts out of which this claim fo~ relief arises will be found stated in Hou e The material facts of this case are set out in the reoort of the House Commit­ report of the Committee on 'Var Claims No. 587, first session of the Forty-eighth tee on Claims, made at the last session of the present Congress, and which is Congress, and are in substance as follows: here adopted, as follows : The Committee on Claims, to whom was referred the bill:C R. R. 28) for the re­ (Honse Report Ko. 587, Forty-eighth Congress, first session.] lie f of A. K. Shepard, submit the following report: The Committee on War Claims, t{) whom was referred the bill (H. R. 1365) for The evidence in this case shows that on the 15th day of December, 18G5, the the relief of Thomas McBride, submit the following report: Government of the United States sold in the city of Selma, Ala., at public out­ The facts out of which this bill for relief arises will be found stated in House cry, after due notice given, a large lot old iron, brass, and copper, the debris and report of Committee on War Claims No.1919, second session Forty-se>enth Con­ material on hand of the naval gun foundry and arsena.lofthelateso-calledCon­ gress, a copy of which is hereto appended. federate States. The said sale was made by the collector of customs for the port The committee adopt said report as their own, nnd report buck the bill, and of l\Iobilc, Ala., acting under the express authority and direction of the Secre­ with the recommendation that it do pass. tary of the Treasury of the United States. That A. K. Shepard became the pur­ chaser of said material at the prtce of ,.17,268.53, and paid the same by order of The Committee on War Claims, to whom was referred the bill (H. R. ml) for the Pre ident of the United States to General Wager Swayne, as istant commis­ the relief of Thomas McBride, report as follows : sioner of the Freedmen's Bureau, and in charge of the Departmen~of .Alabama. . That this claim is for compensation for the barge Henry Bartley, lost while That soon after Shepard obtained possession of said iron, &c., he wn.s dispos­ nuder charter to the United States Government. Claim stated at 1,000. sessed of the same by John Hardy, the marshal for the district of Alabama, who It appears from the proof submitted that the barge when lost was in the miU­ acted under the orders of RichardBnsteud, United States district judge for the tary service of the United States, under a charter-party which contained a stipu­ district of Alabama, and that the said marshal, by order of the said judge, sold lation as follows: the said iron, with instructions to hold the proceeds subject to his orders. That "The war risk will be borne by the United States; the marine risk by the own­ in conformity with said order the marshal deposited only the sum of $5,&'58.80 in ers until under orders south of Cape Henry (the southern cape of Chesapeake the First National Bank of Selma, though he received a sum therefor five times Bay). after which the marine risk will be borne by the owners until they reach greater, at least $30,000. That on the 30th day of May, 1 71, the said court dis­ that latitude on their return." missed the suit for libel and ordered the money deposited in the First National The evidence shows that the loss of the barge was in latitude north of Cape Bank of Selma, as stated above, to be paid to the &'l.id Shepard, thus establishing Henry, and was occasioned by a marine risk. the validity of the first sale of the said property as made by the C'rovernment on The testimony of John Tucker, Capt. H. C. Hodges, and A . C. Hall is offered to tho 15th day of December, 1865, and the legal rights of the said Shepard. show the following, namely: That :Mr. Tucker, then assistant Secretary of 'Var, That before the said decision was made the First National Bank of Selma had hired this barge from A. C. Hall, agent for the claimant; that the agreement then failed and pa ed into the hands of the Comptroller of the Currency for the made was that the United States should bear all the risks, both war and marine; United States for liquidation, and that on the 8th day of June, 1874, the said tha·t :1. charter-party was not then drawn up because of pressure of business, but Comotroller paid the said Shepard the sum of $2,0.50.52 as his. pro rata share of that the boat went immediately into the service; that Captain Hodges had been the dividend arising from the assets of the said bank, and on the 22d day of detailed by the Quartermaster-General to execute charter-parties for such boats December, 1 ..., paid the said Shepard the further sum of $679.62 as his portion as should be hired by1\1r. Tucker; that some time after the entry into service of of the final di tribution ofthe assets of said First National Bank of Selma, Ala. this barge a charter-party was filled up by a clerk of Captain Hodges, and was That before the said Shepard was dispos essed of the said iron, brass, and cop­ executed by Captain Hodges and A. C. Hall, and through inadvertence the clause per he had sold a small portion of the same, amounting in the aggregate to above quot-ed was not stricken out. . $1,504.77; that he paid out for guarding and protecting said material $1.424A5, This claim wa-s filed in the Treasury Department on the '25th of March, 1863, which left him the net sum of$80.32, which, together with the sum of $2,730.14 and on the 11th of January therea.tl.er~ to wit, 1864, the Third Auditor addressed received from the Comptroller, makes a total net balance received by him of a letter to the claimant, in which he stated that in his opinion the evidence 2, 810.46. without any allowance for the heavy court expenses and other neces­ showed that the barge was lost by a marine risk while in latitude north of Cape sary outlays in pursuit of his rights, which are shown to equal that amount. Henry, and as the charter-party showed that he had assumed such 1·isk the In consideration of all which your committee report favorably and recommend United States was not liable. In response to said letter tke claimant asse1·ted the passage of the bm. · U1at the actual agreement was that the United States should bear the mru:lne From the paper before your committee it appears that before the seizure of the risk, and that it was through mere inadvertenee that the clause to the contrary property by the marshal SlJepurd had contracted with responsible parties to sell was allowed to Yemain in the charter, and offered to file ·evidence to establish the lot of scrap-iron, &c., pnrcha ed by the Government at pTices which would the said fac . Thereupon the Third Auditor decided not to receive such testi­ have realized him a profit of at least $12,731. It appears that the marshal first mony, and addressed the claimant as follows, to wit: seized the property under the direction of the United States district attorney, "TREASURY DEPART:IiENT, .Februar]J 3, 18M. who shortly thereafter instituted proceedings in district court, at the 1\Iay term, 1866, for and on behalf of the United States, to have said property confiscated be­ "Sm: I have received your letter of the 25th ultimo, in which you say that cause it had been used and employed in aiding and promoting the rebellion. you have called on 11Ir. John Tucker in regard to yourclaimfo:rthe loss-of your Tbis libel was filed on the 20th of July, 1866. The warmnt ofseizure was promptly barge Henry Bartley, and have been informed by him that he has forwarded a issued, came t-o the marshal's hands on the 80th July,1866,and on the same day l etter to this office from Capt. H. C. Hodges, assistant quartermaster, United the marshal made affidavit that the property could not be protected, &c., and States Army, in which he states that the marine risk on all the barges chartered asked for an immediate order of dale. This was approved by the district attor­ for the McClellan expedition was assumed by the United States; and that he ney, and.the order was at once made by the judge. It appears from the evidence (Tucker) wrote that if any of the charter-parties read otherwise it is owing to that the marshal sold the property for al)out $30,000; but does not appear to have the omission to erase the clause in which the marine risk was assumed by the accounted for the funds, except to the extent of the $.>,858.80 deposited in the owners, and was entirely unintentionaL In reply I can only say that parol evi­ First National Bank of Selma. While the Government is not generally liable fo-r dence can never be admitted to vary a written contract, when there can be no the wrongful acts of its agents and officers, the present case is so exceptional iu question as to its provisions, although it is sometimes admitted to explain an its character as to make it simply an act of justice to return t{) sn.id Shepard his ambiguous clause. Your only 1·ellef is to Congress for relief." purchase-money, less the amount already received. The Government sells him The affidavit of Captain Hodges, filed with the papers, is to the effect that he property to which it had the absolute and unquestioned title and places him in chartered the barge Henry Bartley by direction of Ron. John Tucker, then As­ posse ion of the same; other agents of the Government, disregarding the title sistant Secretary of War, with the understanding that the Government would thus obtained, deprive him of possession, sell the property over again under an assume the marine risk, and through mistake the words to the contrary were ex pa1·t6 order made without notice, nnd the funds thence arising are lost in gre..'l.t not stricken from the charter. measure ·while in the cu tody of the Government. Claimant is entitled to this In view of the foregoing statement of facts your cOmmittee are constrnined relief. We therefore report back the bill to the Senate with the recommenda-­ t{) hold that the claim is valid, and report back the bill with the recommenda­ tion that it do pass. tion that it do pass. The purchaser of property from the Government has certainly, in equity and Your committee adopt the said report as their own, and report herewith a bill, good conscience, the right to expect that tbe Government will not itself either and recommend its passage. defeat the title or disturb the possession which it has vested in or conferred UP: On motion of Mr. HIESTA.h~, the bill was laid aside to be reported on its vendee. · But aside from this view of the case, it may well be claimed that when the to the House with the recommendation that it do pass. Government takes into its possession and custody property under a claim of ownership or of right to subject the same to forfeiture, which is not valid, there EMMA H. FISH. is an obligation resting upon it to protect and preserve the property or its pro­ The next business on the Priv-ate Calendar was the bill (H. 1185) ceeds against loss by its own agents, to the end that the same may be 1-estored n. to the rightful owner. for the relief of Emma H. Fish. The whole proceeding in the present case was a most remarkable one. and it :U.r. GEDDES. My colleague on the committee [llir. LYMAN] hav­ would be an act of great injustice not to protect the Government vendee, or at ing charge of this bill requested tha.t it should be informally passed least make him whole by returning him so much of his pnrcha e-money as he has not already received. The bill proposes to repay to him the entire amount over, not to lose its place upon the Calendar. He is necessarily absent of purchase-money, $17,268.50. It appears that the claimant has already re­ from the House, as the House knows, on official business. I make that ceived the sum of $2,810.46, and your con1mittee concur in the conclusion of the motion. Honse report that this sum should be deducted from the amount of purchase­ money paid, L7,26R.50, which will leave the sum of$14,458.04 that should be re­ The motion was agreed to; and the bill was informally passed over, not turned to him.. Your committee accordingly recommend that the bill be to lose its place on the Calendar. amended by striking out, in lines 3 and ( of the bill, the words "seventeen thousand two hundred and sixty-eight dollars and fifty oonts," and inserting in A.LEXA!\TDER K. SHEP.A.RD. lieu thereof the words" fourteen thou ::~.nd four hundred and fifty-eight dollars The next business on the Private Calendar was the bill (H. R. 33) and four cents," and, us thus amended, that the bill do pass. for the relief of .A.lex.'\nder K. Shepard. Mr. BUCHANAN. Mr. Chairman, this bill was reported by my col­ The bill was read, as follows: league upon the committee [Mr. 1\IcKENNA]. As is known to the Be it enacte(l, &c., That the Secretary of the Treasury be, and is hereby, au­ House, he is at present absent attending the funeral of Senator :MILLER, thorized and required to pa.y to Alexander K. Shepard, of Tu caloosa, Ala., the and requested rue in his absence to take charge of the report when it sumo~ 17,268.53, out of any money in the Treasury not otherwise appropriated. c:1me before the House. I understnnd that the bill was reported by The report (by .Mr . .McKENNA) was read, as follows: the gentleman from Alabama [Mr. MARTIN], to whom I now yield so The Committee on Claims, to whom was referred the bill (H. R. 33) for there­ much time as he may desire. lief of Alexander K. Shepard, ha~e examined the same, and report as follows: Mr. MARTIN. Mr. Chairman, the report accompanying this bill, The facts on account of which Mr. Shepard claims relief were ascertained and reported to the House by the Committee on Claims in the first session of lust which has been read, is so full and complete as to the details of the Congress, also by the Senate committee in the second session of said Congrcs . claim on which the bill for the relief is founded, that it seems to me The investigation of this committee coincides with that of s:1.id other commit­ that I can add little, if anything, to it, and as I am not disposed to con­ tees, and their conclusions are adopted by ns, except we think that J\Ir. Shepard should be allowed the full amount stated in the bill as not beyond the remedy sume unnecessarily the time of the Honse I shall do no more than an­ he is entitled to. The passage of the bill is therefore recommended. swer, or undertake to answer, such questions as may be asked with ref­ The reports above referred to are hereto attached and made part hereof. erence to the bill by any gentleman upon the floor who is disposed to 1886. CONGRESSIONAL RECORD-HOUSE. 2539

make inquiry about it. I think the whole matter connected with it is he had received out of the money he had paid into the bank, and not set out fully in the report of the committee, and if there be no disposi­ to attempt to cover his expenses or losses. I submit we should either tion to discuss it, or no desire for further information, I ask that the draw the line on the exact sum which he paid in, or else should cover bill be laid aside to be reported to the Honse with the recommendation his expenses and his losses outside of that. There is no consistency in that it do pass. allowing this additional round sum a.s an offset. I agree with my Mr. HOLMAN. 1\Ir. Chairman, I wish toinquire of my friend from friend from Indiana [Mr. HoLMAN] that it would be better to accept Alabama, in view of the fact that both Houses agreed upon a less sum the recommendation of the committees of both Houses of the last Con­ in the last Congress, that is to say the sum of $14,458.04, instead of the gress, and allow the actual sum. amount set forth here in this report, whether it would not be better, Mr. BUCHANAN. In response to the gentleman from Ohio, I will and as likely to do ample justice to the claimant, to accept the conclu­ say there is no round sum or lumping in this bill whatever. The com­ sions of the two Houses in thelast Congress as to the sum which should mittee were satisfied from evidence before them that the amounts dis­ be paid to this claimant instead of adopting the present bill? bursed by this gentleman in protecting his rights against the unauthor­ I regard the case as very strong and clear upon the facts set forth; ized acts of United States officials exceeded by a considerable amount the only question would seem to be as to the propriety of making a de­ the moneys which he had received. They are willing, therefore, to allow duction of the $2,810. 46 which has been already received by the claim­ him that credit. That is the whole situation in a nutshell. Unless ant from the proceeds of the money paid into the bank. there be any other motion to be submitted, I insist on my motion that 1Yir. MARTIN. .Mr. Chairman, in reply to the gentleman from In­ the bill be laid aside to be reported to the House with a favorable rec­ diana I wish to state that although a part of the money which wa.s ommendation. realized from the sale of this property came in to the hands of Mr. Shep­ The motion was agreed to. ard, yet it did not amount to more than a small proportion of what J. 1\I, LOBBAN. were the profits upon the property realized, and which he would have The next business on the Private Calendar was the bill (S. 416) for the realized himself had he been permitted to collect the money. And further, every dollar of money that came into his hands, as he relief of .J. M. Lobban; reported from the Committee on Claims with an has testified under oath, was expended in necessary costs of litigation, amendment. which litigation was brought about without his consent and contrary The bill was read, as follows: Be it enacted, &:c., That the Secretary of War be, and he is hereby, instructed to his wishes; indeed, litigation into which he was absolutely forced. to direct Maj. G. B. Dandy, quartermaster, Unit-ed States Army, to issue dupli­ He did not receive a solitary cent for it, and has spent since the 15th of cate check numbered 20, for~608.50, dated April26, 188!, in favor of.J. M. Lob­ December, 1865, out of this money, more than $1,700 on this account. ban, on the Stock-Growers' National Bank, Cheyenne, Wyo., in place of one lost on or about May 3,1884.: Provided, That the Secretary of War be satisfied All that this bill seeks to do is to restore to him the sum of money the same has not been paid: And provided further, That said J. M. Lobban shall which he expended in making a purchase from the Government of prop­ first execute a. bond~with suretiE-s to be approved by the Secretary of War, in erty which the Government had the right to sell, and which it delivered dne form, to save the united States ha.rmlessagainstanyloss or injury by reason after it sold to him, and which was afterward by authority of the Gov­ of such duplicate check or the payment of the original. ernment taken from him. The report (by Mr. J.IcKENNA) was read, as follows: That sum of money which he paid for this property was paid by direc­ That they recommend the passage of the bill with the following amendment: tion of the President of the United States to General Wager Swayne, After the word" paid," in line 9, insert, "he shall instruct the Omaha National Bank, of Omaha, Nebr., to pay such check." and was covered into the Treasury of the United States. The Stock-Growers' National Bank, Cheyenne, Wyo., on which the check men­ Now, my friend from Indiana suggests that, as it was 1·ecommended tioned in the bill was drawn, has ceased to exist; hence the necessity for the in the reports made to the Senate during the Forty-eighth Congress, amendment. and also to the House in that Congress; that a smaller sum be paid Mr. BUCHANAN. I move the adoption of the amendment. than this bill recommends, it would be advisable to accept that modi­ Mr. SPRINGER. I desire to have the report corrected. Instead of fication of the present bill. But, sir, it occurs to me that when we the words ''ceased to exist" it should be" ceased to be a United States look into the facts of the case and find that this claimant has not re­ depository." The statement in the report does injustice to the insti­ ceived a solitary dollar of the money paid out upon a sale had by order tution. of the Government, and when we look at the further fact--that the Mr. BUCHANAN. I suppose by unanimous consent the report can Government received, and that there went into the Government Treas­ be corrected as it will appear in the RECORD. ury, over $17,000 of this man's money, of which he has been depTived The CHAIRMAN. The remarks of the gentleman from Illinois [Ur. for a period of twenty-one years, it .seems to me that there is no reason SPRINGER], which will appear in. the RECORD, amount to a correction. why we should deduct that sum which was afterward taken from him The amendment wa.s adopted ; and the bill as amended was lai.d for the purpose of paying the court, interest, and other expenses inci­ aside to be reported to the House with the recommendation that it

1863. On the occupation of that section by the Federal Army in 1862, a. large tity or numbers and value. Of these upward of twenty made a..tlldavits to the quantity of his cotton was seized and sold, and he applied to the Secretary of taking and conversion in 1865, when the circumstances .relative thereto were War for the 1·estoration of the proceeds. The application was referred to Judge­ probably fresh in memory. The account was made out iu July, 1865 . .The case Advocate-General Holt for his opinion, from which the following extracts are has been investigated by officers of the Quartermaster-General's Department, taken: and no question has been raised as to the Yalidity of the claim so far as relates * * * "The sixth section of the act of 17th July, 1862, declares that if any to the property. The witnesses include Pyboss, postm!I.Ster at Bolivar; Boyle, person being engaged in armed rebellion against the Government of the United an internal-revenue officer; Col. D . J. Benner, lAte an as istant quartermas­ States, or aiding or abetting such rebellion, shall not within sixty days after ter; D. E. Coon, late colonel of the Second Iowa. Cavalry; and a number of public warning and proclamation by the President, cease to aid, countenance, citizens of evident respectability. Colonels Benner and Coon have been before or abet such rebellion, and return to his allegiance to the United States, all the the committee in person. The former testifies that about 10,000 bushels of com estate and property, moneys, stocks, and credits of such person shall be liable and 80,000 pounds of fodder were taken in 1862 by himself and by an officer act­ to seizure, &c. This must be construed to be a declaration by implication that, ing under him. He also corroborates the taking of the lumber a nd wood. Col­ if such person does comply with the requirements of the statute, his property onel Coon testifies to the taking of eight mules and GOO bushels of corn. The of every kind shall be protected from seizure. The exemption for complying amount claimed was $16,612, which is somewhat reduced by throwing out a withthelawmustnecessarilybeheldtobeasbroadandcompreheusiveasthepen­ small portion which was not deemed sufficiently proved, and by substituting altydenounced fora failure to do so. What support, or aid and comfort beyond prices allowed by the Quartermaster-General at the various dates of the taking the contract referred to, had been previously given to the rebellion by the peti­ of the items charged. tioner does not appear; but, whatever it may have been, he, on the 22d of July, The account is stated as follows : 1862, five days after the passage of the law, returned to his allegiance and took the oath which has been akeady mentioned. This appears to have been done in ~~~u:~~U:,?~o~~~nati15·0·~~-~~:.: : : : :::: ·:.::::::::::::: : :::·:.::: ::·.:·:.::: : :::·.::::::·:::.::: -. i, ~ gg good faith, and it is not alleged or pretended that he has since violated that 80,600 pounds of fodder, at 75 cents per cwt...... 604 50 oath or been guilty of any disloyal practices. It is quite clear, therefore, that if 300 pounds of h ay , at $15 per ton...... 2 25 this cotton or its proc~eds can be regarded as his property, it was not liable to 13,504. feet of lumber, at $15 per 1,000...... 202 56 seizure under the sixth section of the act of 17th July. 865 cords of wood, at $2 p er cord...... 1, 73l 00 * * * "A great principle of public policy is involved in this case, and no 1,000 cords of wood (timbtr), at $1 per cord...... 1, 000 00 technical objections should be allowed to restrain or embarrass its operations. 3 It was the object of Congress to induce those in rebellion against the Govern­ ii~r~~e~... ~~-~~- ~~:~::::::::::::::::::::·. ::::::::::::::::::::::.::::::::::::::::::: ::::::::::::::: ' m~ ment to lay down their arms and return to their allegiance, and to prevail on 2 horses, at 8115 each...... 230 00 them to do so a. complete amnesty for the past, with limited exceptions, has Wagon and harness...... 125 00 ' been offered by solemn legislative enactment. When the terms thus proposed have been accepted and complied with by a citizen previously in rebellion, Total ...... • ...... 12, 781 81 good faith, as well as the best interests of the Government, require that the full benefits of this legislation and of this policy shall be secured to him. "The committee recommend the passage of the accompanying bill." "I recommend, therefore that Brigadier-General Ross be ordered at once to The committee therefore adopt said House report as the report of this com­ pay over to the petitioner the $10,000, the proceeds of the cotton, and which he mittee, and recommend that the amount na.me.fl in that t·eport be allowed. now holds awaiting the decision of the 'Var Department upon the question Your committee report the accompanying bill and recommend its passage. raised.'' This decision was approved by Hon. E.l\I. Stanton, then Secretary of War, in Mr. WARNER, of Ohio. This is a case which seems to have a sur­ November, 1862, and the proceeds we1·e paid to 1\IcNeal accordingly. plus of loyalty in it; seldom do we get so much in any one case. The petitioner's loyalty was again passed upon favorably by the accounting [Laughter.] There is enough to serve a man for either side or both officers of the Treasury in November, 1871, and the sum of$1,294.04 was paid him on vouchers for hay corn, fodder, &c., taken and used by the Army in Augnst, sides. September,aud0cto\;r,186~. These vouchers hr.d been originally filed in the M.r. McMILLIN. But there was not enough to satisfy the Qn.arter­ Office of the Quartermaster-General as a part of this claim, and were. presented to master-General. theTreasuryDepartmentforsettlementwiththea{)QuiescenceoftheQuartcrmas­ ter-GeneraL The proof offered in support of loyalty was the same as now offered, Mr. WARNER, of Ohio. I make no question about the loyalty of with the exception of such proof as has since been filed. The: case was referred the claimant., but I wonltllike now to hear something about the claim by the Treasury Department to the Bureau of Justice in the ·war Department itself. for opinion.as to the sufficiency of the proof of MeNeal's loyalty. After consider­ ing the effect of the oath of July, 1862, and going over the testimony cl"itically Mr. STONE, of Kentucky. We :find this claim is est..1.blished by the and a.t length, the opinion concludes: proof. We find that this property was taken in the fall of 1862, dur­ "There are thus twelve witnesses, unimpeached in their character, who un­ ing the year 1863, and in 1864, and was used by the United States der oath affirm the continued loyalty of the claimant-not as 'reputed,' nor as gathered as hearsay, or any popular estimate of him, but as a !act within Army. We find also that 1\Ir. McNeal had receipts and vouchers for their own knowledge, derived from intimate and long-continued personal in­ this property, and that the fact of the taking of it and its value are tercourse with him, and from constant personal observation of his conduct. proven by more than twenty-five witnesses. In fact, there never has Amon~ these are three officers of the Government who, being unn.ssailed, are, by theu position as its trusted agents, entitled to its confidence. Not a single been any question made in the in>estigation of this claim about the witness who has spoken under the sanction of an oath has charged the claim­ property having been taken and used by the Army. ant either with disloyal conversation or with practices of any kind inconsistent The only question that has been made at all has been with regard to with the obligations of allegiance assumed by him in July, 1862. Opposed to this array of testi,mony is the statement found in the printed voucher and the the loyalty of Mr. McNeal, and, as suggested by my friend from Ohio certificate of Assistant Quartermaster Eddy; but these speak only of reputation [Mr. WARNER], the loyalty of Mr. McNeal is more than abundantly and of the sayings of certain 'Union. men,' not named, not under oath, and established; so much so that at one time Mr. McNeal was paid by the not subjected to cross-examination. In response to these, and sufficient to neu­ tralize them, is the certificate of Assistant Quartermaster Clary, stationed at authorities of this Government $10,000 in one payment for cotton that Memphis, Tenn., that the claimant, though originally a secessionist, having, on had been taken and sold and the money gone in to the bands of the au­ the occupation of Bolivar by the Federal troops, taken the oath of allegiance, thorities of the Government, .A.ud at another time his loyalty was so the report was that 'he had fulfilled its conditions.' Guided to its conclusion solely by the evidence on file, this bureau can not but regard the claimant's clearly established that he was paid by the Quartermaster-General some loyalty as established so far as any issue of fact can be settled by human testi­ $1,200 for some property not included in this account. mony." When this claim was filed the Quartermaster-General refused to pay This opinion is signed by J. Holt, Judge-Advocate-General. It was concurred in by the accounting officers of the Treasury, and the vouchers were paid as it because there was a question aboutl\Ir. ~fcNeal's loyalty. The only stated. · question as shown by the evidence about his loyalty was this: Two quar­ Since these vouchers were allowed and paid by the Treasury Department, termaster's agents had been down there and had examined witnesse.i other testimony as to loyalty has been taken, and is now presented. W. H. Morgan, late assistant adjutant-general and brevet brigadier-general, and got up all the evidence possible with regard to Mr. McNeal's loy­ testifies that he was for some time during the war assistant adjutant-general for alty, and the evidence shows it was clearly proven; but one of the the d.istrict of West Tennessee; that he was well acquainted with 1\IcNeal, and agents of the Quartermaster's Department wrote privately to the Quar­ that he was regarded as a Union man by the military authorities after 1862; that as soon as the Federal troops reached his neighborhood he was one of the first termaster-General that there was a report that Mr. McNeal was dis- to take the oath, and his conduct was such as to gain for him the confidence of loyaL . the officers. The witness concludes: There was no testimony to show his disloyalty. No witnesses were "Any one who states that 1\IcNeal was disloyal from the first moment he had an opporttmity to take the oath must do it from mistaken information or per­ examined, but the Quartermaster-General then refused to open tbe case sonal motives." because there was a mass of cases standing behind this one awaiting Josiah Deloach, postmaster at. l\Iemphis, Tenn., testifies that he has been well investigation. The committee thought that was a very flimsy excuse­ and intimately acquainted with McNeal for many years past, and that since he took the oath of allegiance in July,l862, "he has at all times been loyal to the that the Government of the United States could not ajford to do jus­ Government of the United States, and kept his said oath inviolate." tice to one of its citizens, because a number of other citizens had had Thomas G. Patrick testifies "that said E. P. MeNeal, since he took the a.nrnesty claims waiting. There was not a dissenting voice in the committee; oath, under President Lincoln's proclamation, in July, 1862, has at all times been true and loyal to the Government of the United States, and a. supporter of the the report was unanimous in favor of the passage of the bill. I reserve same." the balance of my time. D. J. Benner, chief quartermaster on General Hurlburt's staff, while that officer Mr. a:oL?tiAN. I notice that the purpose of the proof in this case commanded at Bolivar, and who has been before the committee, testifies: * · * • "The said McNeal had the reputation of being an unqualified Union is to establish the loyaltyoftheclaimantafterthemonthof July, 1862, .man, and was so considered by those persons, residents of that section of coun­ and after the Federal forces took possession of that portion of Tennes­ try, whose loyalty the Government has fully recognized; it was a matter of com­ see. There is no tendency in the testimony to establish loyalty prior mon report that he.took the oath of allegiance at the very earliest opportunity, and that he faithfully lived up to his obligation. I always, while stationed at to that time. That seems to be entirely ignored. Bolivar, and when hearing his name mentioned in Memphis, believed him to be Mr. RICHARDSON. Will the gentleman permit a suggestion? a consistent Union man, nnd have never had any reason since to change that 1\lr. HOLM.A.N. Excuse me a moment. Now, Mr. Chairman, in::tS­ OJ)inion." If any doubts existed in the minds of any as to McNeal's loyalty upon the set­ much as this involves a principle, I have risen merely to inquire whether tlement of his vouchers by the Treasury Department, it would seem that they or no this report is the unanimous report of the Committee ou War ought to be wholly removed by the positive testimony taken subsequently. Claims, both upon the question of loyalty and in regard to the value The committee are of the opinion that the testimony abundantly justifies the conclnsion that the petitioner was loyal within the meaning of the act under of the property? which he seeks relief. · Mr. STONE, of Kentucky. Yes, sir. McNeal owned two plantations, one near Bolivar, and the other some 12 miles Mr. RICHARDSON. It is the unanimous report. distant. These appear to have been in a good state of cultivation, and there is no question as to his ownership of the property. Some twenty-five witnesses Mr. HOLMAN. The only other ground of objection to this bill that . testify to the takini: of the property by the Unit~d States .Army, and to qua.a- I wish to call attention to is one of which I have already spokeu. That 1886. CONGRESSIONAL RECORD-HOUSE. 2541 is the question of the policy of opening this large class of claims. There The two gentlemen I have named were before the investigating com­ is a very great body of them, and undoubtedly many en-ors have been mittee in person, and testified to the taking of thiS: property. It seems IJOmmitted in dealing with them; but there is certainly some force in to me, therefore, the loyalty of the claimant is clearly established, as the proposition that when a tribunal has been furnished for the ad­ well as the faet that the property was taken, and its-value. . justment of such claims, and the claimants have had their day in court, The question being t..'tken on the motion of Mr. STONE, of Kentucky, the matter ought to rest there. that the bill be laid aside to be reported to the House with the recom­ .Mr. GEDDES. ltlr. Chairman, I think I ought to_say-a word on this mendation that it do pass, the motion was agreed to. case. The action of the committee is not at all inconsistent with the PRIVATE J,AND CLAD! IN NEW 1\lE:XICO. policy suggested by the gentleman from Indiana [M:r. Hou.IAN], but seeks to be on that line. If a claim has been fullyinvestigated by the The next business on the Private Calendar was the bill (H. R. 4840) accounting officers, or any of the Departments, I agree with the gentle­ to confirm a certain private land claim in the Territory of New 1\fcxico. man from Indiana [?lfr. HOLMAN] that we ought to be very reluctant to Ur. SPRINGER. The gentleman who reported this bill desires that open up and reconsider such a case. I am not prepared, however, to say it be passed over informally, without losing its place on the Calendar. that a case might not occur where it would be enLirelyproper for us to There are several bills of a similar character coming from the Com­ do so and where we would be called upon to do so. Now, if a case can mittee on Private Land Claims, which the chairman of that committee ever occur where a committee would be justified in doin~ that, and desires shall remain on the Calendar without prejudice. The com­ would be called upon to do it, this is that kind of a case. It was not mittee is about to report a. general bill designed to cover all these investigated on its merits in the Department; it was not rejected on its cases, and prefers that these cases shouM be adjudicated under the merits in the Department. It was investigated and rejected, and then provisions of a general law. an opportunity was given the claimant to take additional testimony. Mr. HALSELL. In 'iew of the fuct just stated by the gentleman The case was still pending, but when that additional testimony was from Illinois [Mr. SPRINGER] that the Committee on Private Land presented and submitted the case was rejected upon the sole ground Claims is now maturing a bill of a general character which, if it should that there was not a sufficient clerical force in the Department to give become a law, will dispose of these ca-ses much more satisfactorily than the claimant a hearing and investigate the matter. by taking them up separately, I ask unanimous consent that this bill be Mr. WARNER, of Ohio. Will my colleague allow me to ask him a laid aside informally, not to lose its place on the Calendar. question? The CHAIRMAN. The gentleman from Kentucky [lli. HALSELL] 1\Ir. GEDDES. Certainly. asks on behalf of the Committee on Private Lancl Claims that this bill M:r. WARNER, of Ohio. By whom were these accounts a.nd these be laid aside informally, retaining its place on the Calendar. If there vouchers examined and made up? By the accounting department, or be no objection that order will be made. by the committee? There was no objection. · Mr. GEDDES. Oh, by the accounting department; not by the com­ TIIEODORE W. TALLMADGE. mittee. The next business on the Private Calendar was the bill (H. R. 1905) Mr. W A.RNER, of Ohio. Then the accounting department finds the for the relief of Theodore W. Tallmadge. · claim correct according to the vouchers? The bill was read, follows: Mr. GEDDES. Yes. Now, Mr. Chairman, as to the question of loy­ as Be it enacted, etc. That the Secretary of the Interior of the United Slates be,' alty, two very thorough investigatious were made, and they resulted in and is hereby,authorized and directed to issue and deliver to Theodore W. Tall­ favor of the claimant. madge land-scrip by which the said Theodore W. Tallmadge, or his assigns, Mr. HOL?!-IAN. After July, 18G2. upon the presentation thereof to the proper officers of the Land Department, shall be entitled to enter 160 o.cres of the surveyed public lands of the United Mr. GEDDES. After July, 1862. Well, Ur. Chairman, I want to States, not mineral or otherwise appropriated, granted to hlm in lieu of bounty­ be considered as occupying the position that the door of repentance is land warrant numbered 69651, misappropriated by an employe of the Uni~d always open. I want to be considered as prepared to maintain the prop­ States land office at Stevens' Point, Wis. osition that, if a man started out for the confederacy and saw the error M:r. THOMPSON. I ask that the report in this case be read. of his ways, and then repented and came over to the Union side and The report (by Mr. THOMPSON) was read, as follows: was thereafter a. thorough Union man, his original fault ought not to be The Committee on Private Land Claims, to whom was referred the bill (H. charged up to him and his property taken on that account. R. l!lffi) directing the Secretary of the Interior to issue and deliver to Theodore 1\Ir. WARNER, of Ohio. If he came in in time to hurrah for the :flag W. Tallmadge land-scrip by which he shall be entitled to enter 160 acres of the surveyed public lands of the United States, not mineral or otherwise appropri­ you would give him the appropriation? [Laughter.] ated, to be granted to him in lieu of bounty-land warrant num.bered 69651, mis­ Mr.' GEDDES. Yes, sir. And, Mr. Chairman, there is a principle appropriated by an employe in the United States land office at Stevens' Point, involved. It is not a mere ma.tter of sentiment. The Government of 'Vis., have had the same under consideration, and report that said bill ought; to pass. the United States and the Union men of the country were seeking at The committee find that oounty-1and warrant No. 69651, for 160 acres of land that time to enlist the sympathies and the judgment of the men tha.t under the act of March 3, 1855, issued July 14, 1857, to Robert A. Lockard, became were engaged in the confederate cause, and particularly was that the the property of Theodore W. Tallmadge, and was located in his name through one George W. Stover, hls agent, at the land-office at Stevens' Point, Wis., Sep. case in the State where this claim originated, where there was such a tember 26,1857, upon the southeast t, section 13, township 27 north, range 5 east,· diversity of sentiment on the Union question and where the struggles containing 160 acres, and a duplicate certificate of said location was then and of the representatives of the Government were all directed to the point there issued to hlm. The said warrant, however, was assigned in blank, that is, the name of Tallmadge was not inserted in the transfer but a blank space was of inducing men to abandon their rebellious course and come into the left therefor. Taking advantage of this omission, one Alexander Krembs, then Federal lines. The President's proclamation was issued not a.s a trick, a clerk in the land office at Stevens' Point, Wis., inserted his name in this blank not as a device, not as a mere unmeaning thing. It was an act full of space, so that said warrant appeared to have been duly assigned to him, and the same was located in his name at said office, May 26,1858 on the northwest t, sec­ meaning, full of principle, and full of j~t sentiment. Now, then, if tion 34, township 28, range 6, 'Visconsin. A report of thiS1 last location was duly a man obeyed that proclamation of the President, laid down his arms, made to the General Land Office, but no report was ever made of the location took the oath of allegiance, and thereafter remained faithful to the Gov­ made by Tallmadge. Tallmadge, on the 30th day of July, 1860, applied to the General Land Office for a patentfor the land so located by him, and then learned ernment of the United States, I deny our right, I deny my right, to for the first time of the subsequent location by Krembs. Tallmadge then made stand up here at this late day and thrust in his face the fact that, prior applicat-ion for the cancellation of the Krembs entry and the resioration of the t9 taking that oath, he had given some aid and some comfort to there­ flaid warrant to himself, but the General Land Office refus~d his application, and issued a patent on the Krembs entry for the land located by Krembs. Tall­ hellion. madge alleges that this was done upon the ground that Krembs had conveyed Why, Ur. Chairman, we have a distinguished illustration on the floor the land located by him to an innocent purchaser. Tallmadge acted in good of this House of the correctness of the position I now take. One of my faith in the location made by him, and received the proper and legal voucher therefor, whlch is still in his possession unredeemed, but has been deprived or oolle3o

LAND GRANT IN ARIZONA TERRITORY. sixth Congress, second session, which report is hereto annexed and made a part of this report, and is as follows : The next business on the Private Calendar was the bill (H. R. 3216) _Dr. Joel.C. Frazier, for many years prior to 1862, and afterward tin the date of to confirm the title to that certain land grant" Tre.s Alamos," in Ari­ his death,m ~!ay,1863, owned a farm of about 600 acres, just outside of the limits zona Territory. of the town of Cynthiana, Ky.- !n January, 1~2, J. J. Landrum, a. lieutenant-colonel, then commanding the Mr. GREEN. Mr. Chairman, since this bill was reported, a communi­ Eighteenth Regrment Kentucky Volunteers, took from the said Frazier 56 cords cation has been transmitted to the House by the Interior Department, of wood, for the use of the troops under his command of the value of 2 75 per cord, and becruuc indebted for hauling in the sum of $t, making $158. · purporting to come from persons claiming to be actual settlers upon the He executed a voucher for these items on behalf of the State of Kentuckv for lands affected by the bill. After consultation with other members of the. reason that his regiment had not then been mustered in to the service of' the the committee, I ask that the bill be laid aside informally, retaining its Umted States, and for these items the claim is made for $158 against the United States. place on the Calendar. Colonel Landrum also occupied a house on said farm for a hospital from Feb­ The CHAIRMAN. If there be no objection, that order will be made. ruary 20 to J~y 17, 1862, the use of which was reasonably worth the sum of $60. There was no objection, and it was ordered accordingly. He also occupied as an encampment 15 acres of land on said farm for the same period, worth $15 per month, making $75. J~ES PRICE. General Ben. P: Runkle, commandi~g the Forty-fifth Ohio Volunteer Infantry, encamped on said farm about the 25th of July, 1862, and occupied 15 acres of' The next business on the Private Calendar was the bill (H. R. 2935) land for his encampment from that time to September 2, 1862, and the value of for the relief of James Price. · that occupation was 18.50. The bill was read, as follows: · During his occupation the soldiers under Runkle's command used corn from a 27-acre field on said farm, both for themselves and horses, and in September,· it Be enacted, &:c., That the Secretary of the Treasury be, and hereby is, au­ 1862, ~t the app!oach of the rebel forces under Kirby Smith, cut down all that thorized and directed, out of any money in the Treasury not otherwise appro­ remamed of said corn, to enable them better to see the approach of the enemy. priated, to pay to James Price, of Lewis County, Missouri, the sum of $1,000, being How much of this corn was used by the soldiers, how much for the food for the amount erroneously and unlawfullycollectedfromhim on a bond and turned the cavalry horses, and how much was cut down and left to rot, is a mere matter into the Treasury of the United States. of conjecture. The evidence leaves the question entirely unsettled. To suggest­ Mr. HATCH. I ask that the report in this case be read. amounts would be simply a guess. On the 14th day of June, 1864, General S. G. Burbridge, after a battle with the The report (by Mr. JorrNSTON, of Indiana) was read, as follows: rebel General John H. Morgan.• in which he lost a part of his cavalry horses, The Committee on War Claims, to whom was referred the bill (H. R. 2935) for took from the farm of Dr. Fraz1er, then deceased, fourteen hm·ses belonging to the relief of James Price, submit the following report: the assets of his estate, of the average value of at least $125 each. The committee have given this case due consideration, and find the following For these items Nan'cy Frazier, the widow and executrix of the last will of to be its history and the facts: Joel C. Frazier, in 18TI filed her claim with the Quartermaster-General asking Some time in the spring of 1862 one William T. Morris, of Lewis County, in to recover from the United States, as follows: ' the State of Missouri, was arrested by the military authorities for disloyalty, and in order to secure his release from said arrest, on the 17th day of .April, 1862, entered into a bond payable to the State of 1\Iissouri in the penal sum of $1,000, conditioned that he would faithfully keep the conditions of an oath of allegiance EIT~~;.:fiff!b~;~:;i:·:::::::::·::::::-:·:::::·:·:::·;;::;::·::·:·::::::·:~::·:·:;·:··::·:·: $~ ~ that day taken, a copy of which was attaehed to said bond and became a part Rent of 15 acres blue-grass, for encampment...... thereof, the said James Price and oneS. B. Harment becoming sureties thereon. lg gg · That some time in October,1862, after the execution of said bond, the said Will­ iam T. Morris, the principal therein, left said county of Lewis. That in l\Iay,1863, a military commission for the said county of Lewis took a ~·~'1a~~1:~::_::~::.:.:..:.::::::.:..:::_:~::::_:_::_::::_:::::;::_~:::..:::::;:::::::_:_:_:_:_:::_:: t i 1 forfeiture of said bond upon the evidence of three witnesses, two of whom swear to rumors and one swears to having seen him with a squad of rebel soldiers in July or .A.ugust,1862, and upon this evidence the said commission demanded the i ~~~:h~~~~$1~~~.~~~.::::::::::::::~·:.::::::·:::.:::::·::.:::::·.~·.:::::::::::::::·.:::::::::::: ~ ~ payment of said bond and under threats demanded payment of the same by Total...... 3, 684 10 the sureties thereon; whereupon, on the said 14th day ofMay,1863, the said James Price, as one of said sureties, paid to one William Odor, provost-ma.rshal and The said Dr. Frazier died testate, and by his last will and testament devised chief of said militAry commission, the sum of $1,000 in satisfaction of said bond, and directed: First. That after payment of his just debts his land and slaves which was duly receipted for by him. The transcript of said proceedings fur­ should go to his wife during her natural life, "with full power to do everything nished by the Adjutant-General of the .Army shows that said sum of $1,000 so with them in according to her 'Viewers, with the exception of their sale." Sec­ collected was duly accounted for to the United States Government by said Odor, ond. With t.be exception often head of horses and fifteen of cattle, to be selected and has been held by the Government ever since. from his stock by his wife, he ordered the sale of all his horses and cattle. Third. The claimant shows by his own affidavit that at the time of said forfeiture and · He bequeathed to his wife his carriage and such pair of horses as she should payment he protested with said commission thatsaid Morris had never violated select in addition to the ten above named, &c., and directed that the bogs and the condition of said bond, and asked for time to find the whereabouts of said sheep remain on the farm and all farming utensils more than was needed to be Morris, which was refused. He shows by the affidavit of said Morris that he sold. Fourth. He bequeathed to Susan Redmon $3,000, to be paid out of the never violated the conditions of said bond; that he remained in said county of proceeds of the estate at. his wife's decease. Fifth. After the death of his wife Lewis until the last of October, 1862, when he went into the State of Illinois to he "ordained" thatallofhisesta.tenototherwise "ordered" bejointlydevised work, and denies being in any rebel service after the execution of said bond; among the three children of his son Hubbard W. Frazier, deceased, "the forms that he staid in the State of lllinois until the last of March, 1863; from there he oflaw to govern in the distribution," and he nominated his wife executrix of his went to the State of Iowa, and in .April of that year he started overland with will. some friends to the State of California, arriving there about the 5th day of .Au­ Said will was duly proved and admitted to probate, and the widow accepted gust, 1863, and continued to reside in said State until1871, when he returned to the trust and administered the estate until her death, in 1872, when Henry Will­ the State of Missouri. All of said evidence is corroborated by witnesses, who iams was appointed and qualified as the administrator de bonis non of Dr. Fra­ swear they were with him at the times and places as specified in his said affi­ zier's estate. davit. Dr. Frazier was undoubtedly loyal, all admit that, and it is conceded his wife One William Locket swears that during said year 1862, between the last of was as unmistakably disloyal. .April and the last of September, he worked with said Morris and slept with him The three grandchildren named in the will were minors at the death of Dr. every night, and that he was not away from home during that time. ~oel C. Frazier, their ages being at that time twelve, nine, and seven, respect­ One D. F. Stafles swears that said Morris worked for him, in said county of n·ely. Lewis, from some time in .April, 1862, to September, 1863, and was there all the This case was exhaustively examined on the facts by the Quartermast~r-Gen­ time. If there is any reliance to be placed in human evidence, the said Morris eral and the Third .Auditor of the Treasury prior to January 31,1874. .A. special was in said county of Lewis all the time from April, 1862, to Sep~mber that agent of the Department made two examinations and reports;. a large volume year, and was working there during that time, and was not with said squad of of testimony was taken, comprising over one hundred pages of closely written rebel soldiers testified to. The committee concluded from all the evidence that matter · _ the said witness who testified to having seen said Morris with a squad of rebels On the first examination and report the Quartermaster allowed : was mistaken in the person he saw. That is the most charitable view to put on For rent of bouse five months...... , ...... $60 00 it. The committee are of the opinion that said claim is just, and recommend For rent of 15 acres of land five months...... 75 00 that the bill do pass. Mr. JO!ll.""8TON, of Indiana. I move that this bill be lai.d aside to Making...... ~ 135 ()() be reported favorably to the House. He declined to allow for the wood, $158, because when taken the troops for The motion was agreed to. whose use it was taken were not mustered in to the servit'e of the United States, and therefore the wood was not strictly quartermaster stores ;J_>ut he did decide ESTATE OF JOEL C. FRAZIER. it was a proper claim against the Adjutant-General's Office. .He declined to al­ low anything for the corn claimed to have been taken by Colonel Runkle's men. The next business on the Private Calendar was the bill (H. R. 898) He further decided that the ,horses, under the circumstances when taken, be­ for the relief of the estate of Joel C. Frazier, deceased. longed to Mrs. Frazer, under her husband's wilJ, and as her loyalty was un­ The bill was read, as follows: proved, nothing would be paid on account of the horses . .After this determination, the report was recalled by .Acting Quartermaster-G en­ Be it enacted, &:c., That the Secretary of the Treasury be, and he is hereby, di­ era} Ingalls, and a large amount of additional evidence was taken, but on con­ rected to pay, out of any money in the Treasury not otherwise appropriated, sideration, January 24, 1878, Quartermaster-Generall\Ieigs declined to reopen the sum of $3,684.10 to Henry Williams, administrator de bonis non of the estate the case or change his conclusion, and then the same was referred to Congress of Joel 0. FJjazier, deceased, late of Harrison County, Kentucky, the same being and a bill presented for the relief of Dr. Frazier's estate. for quartermaster's stores, consisting of horses, corn, wood, &c., taken from the The committee are unwilling to review the facts found by the Quartermaster­ said Frazier by the military forces of the United States. General. While the committee think that the evidence tends stt·ongly to prove The amendments reported by the committee were read, as follows: that a considerable amount of corn was used by Runkle's command for the uae of the horses therein, they will not disturb his finding, especially as the amount In lines 5 6, and 7 strike out the words "three thousand six hundred and taken would be simply a conjecture, but they think the wood and hauling shoulQ. eighty-four dollars and ten cents to Henry Williams" and insert "$1,908 to Caleb be paid for, as no one disputes it, except it is determined that it should have "\V. West." been paid by the Adjutant-General's Office instead of the Quarternmster's De­ In line 10 strike out the word "com." partment. The amendments were agreed to. Has a proper conclusion been arrh·ed at, as a. matter of law, touching the horses for which the claim was made? At the time Dr. F1·azierdied there were Mr. WARNER, of Ohio. I ask that the report in this case be read on his plantation about thirty head of horses. These horses were assets of the or that some explanation be given. estate; twelve might become the sole property of l'tfrs. Frazier by her selection. The CHAffiMAN. The report will be read. No suggestion is made and no proof is offered that 1\Irs. Frazier ever did select any of the fourteen horses as her own that were t.aken by Burbridge's coru­ The report (by :M:r. STONE, of Kentucky) was reoo, as follows: mand. On the contrary, it shows she selected other animals under the will The Committee on War Claims, to whom was referred the bill (H. R. 898) for as her own, and of these she gave a. part to her friends .and a. part remained on the .relief of the estate of Joel C. Frazier, deceased, submit the following report: the farm. and at her death were treated as as ets of her estate. These fourteen The committee find the facts to be as stated in House Report No. 1240, Forty- horses, when taken for the use of the Army, were simply assets of the estate ol 1886. CONGRESSIONAL RECORD-HOUSE. 2543

Dr. Frazier, h eld by the administratrix in trust, to be sold and the proceeds to husreported uponitfavorablyand with unanimity. A.tthepropertime go to pay debts, the $3,000 legacy, and the remainder to the minor grandchildren n.s residuary legatees. The title of l\1rs. Frazier was simply in her repre enta­ I will ask that the House bill be reported to the House with the re~ tive capacity/ and it was unimportant whether she was loyal or disloyal. Her ommendation that it be laid upon the table, and then that the Senate conceded dis oyalty could not defeat the claim. bill be reported to the House with the recommendation that it do pass. Your committee therefore recommend that the items of said account be al­ lowed as follows: :Mr. HOLMAN. Let the report be read in the first instance. For 56 cords of wood, at S2.75 per cord...... $1M 00 The report (by :Mr. TucKER) was read, as follows: Hauling 7 loads of wood ...... y.. 4 00 14 horses, at $125 per head...... _ ...... 1, 750 00 The Committee on the Judiciary, to whom was referred the bill H. R. 008, re­ spectfully report: Total...... - ...... _ ... . ,...... 1, 908 00 The facts in the case are well ascertained by the record in the case of Thomas L. Clarke vs. United States, in the Court of Claims (10 Ct. of C. Cases, roi), and Although favorably passed upon by the Quartermaster-General. we are un­ in the same case in 95 U.S. Sup. Ct. Rep., 539. The depositions of a number o1 willing to allow the claims for the use and occupation of the house for a hospital witnesses, among whom is 1\Iaj. 0. 0. Potter, quartermaster, United States Army, or t.l10 blue-grass lot for a camping ground. If they are already allowed, as it with whom the contract was made, are in the record, and the papers from the seems to us they are, we need not audit them again; and if they are not1 we do Third Auditor's Office of the Treasury Department have been laid before the not think on principle they should be paid. Their oroupation was but an inci­ committee. dent to necessary armed occupation of that part of the country for the general The facts deduced from this evidence arc these: good. It was a military necessity. In September,l865,just after the close of the civil war between the States, and Tbe committee therefore recommend that the bill be amended by striking out before the confusion mcident to a state of war had subsided, at a time when the the words "three thousand six hundred and eighty-four dollars and ten cents," Government by its armies was attempting to rest-ore order and to suppress any in lines 5 and G, and inserting in lieu thereof the words "one thousand nine straggling forces which might still be in hostility to the Government, Brigadier­ hunured and eight dollars," and also by striking out the words "Henry 'Vill­ General ~Leele was in command of the Uniled States forces at Browns~ille, on ia.ms," in line 6, and inserting in lieu thereof the words "Caleb W. West," and the Rio Grande, in the State of Texas. It was important in his view to carry as thus amended we recommend the passage of the bill, the amendments being military stores and other supplies from Brownsville up that river to Ringgold indicated in the accompanying bill. Barracks. He had no transportation at hand by land or water. In the Mexican waters and on the Mexican side of the ri>er at Matamoros tbet·e 1\fr. STONE, of Kentuck7. I move that this bill be laid aside to be was a steamer called the Belle, in the hands of, and belonging to, Thomas L. reported to the House with a favorable recommendation. Clarke. Maj. 0. 0. Potter, quartermastel' of the Army, was sent to Matamoros 1\fr. HOLMAN. Inasmuch us this case has been examined, us stated to procure this steamer for Government use in conveying stores to the Ringgold Barracks. Being in Mexican waters she could not be seized or impressed into in the report, by the Quartermaster-General and the Third Auditor of senrice; and Major Potter, quartermaster, under the authority of General the Treasury, I make no objection to the passage of the bill; but I ask Steele made n. verbal contract with Mr. Clarke, the owner, by which it· wa.'l my friend from Kentucky whether he would object to inserting in the agreed to pay $150 per day for hire, and to pay for her loss, if such event should occur upon her trial trip to Ringgold Barracks; with the further understanding. bill the words ''which shall be received in full of all demands of said that if she should be found to be suitable for the service, a written contract would estate against the United States." be made for her future use. It further appears there was no other vessel ou .Mr. STONE, of Kentucky. There is no objection to that amend­ the river within our territory which could be procured. . There was no mode of insuring the vessel at th..'\t time and in that quarter, and ment. the owner relied upon the contract ofthe Government, through its quartermas­ The amendment was agreed to. ter, to pay for her if lost on the trip. The motion of :Mr. STONE, of Kentucky, was agreed to; and the bill Upon these terms the Belle was delivered to the officer, brought to Browns­ ville, loaded, manned by the Gove.rnment, and started on her trip. It appears was laid aside to be reported to the House with the recommendation that that she was very heavily loaded, and that in making a turn in the ri;er she it do pass. rau against its bank, was snagged, and sunk, a complete loss, in 30 feet of water, and then drifted down-stream, and was buried in a sand-bank. PRIVATE LAND CLAIMS IN ARIZONA TERRITORY. '£he owner made claim for hire and loss of vessel to the Department; then by The next business on the Private Calendar was the bill (H. R. 3235) petition to the Court of Claims, where it was dismissed, and then appealed to the Supren1e Court. . to confirm title to certain land claims in Arizona. Territory. That court decided that under the act of J' une 2, 1852 (12 Stat., ill) the con­ :Mr. HALSELL. This bill belongs to the class of cases to which I tract was invaHd because not in writing, but that·as the contract had been exe­ referred when last on the floor. I ask unanimous consent that it be cuted by the claimant, in the delivery of his vessel for public use, a recovery for the hire on a quantu.m mer-uit should be allowed, and at the price agreed upon; laid aside informally, retaining its place on the Calendar. but that there could be no recovery for the loss. From the judgment of the The CHAIRMAN. If there be no objection, that order will be court there was a dissent by three justices, 1\filler, Field, and Hunt, through a made. strong opinion by Mr. Jnslice Miller, who held the statute prescribing the need of a writt~n contract to be directory, not mandatory. There is nothing in the There being no objection, it was ordered accordingly. opinion of the court, or in the dissenting opinion, which indicates any thought J. D. MORRISON. in the mind of the court that the contract against loss was uUra vire.s, or that it would have been invalid if it had been in writing. Nor did counsel for the The next business on the Private Calendar was the bill {H. R. 5187) Government seem to have raised this point. The inference from the emphasis for the relief of J. D. Morrison, surviving partner of C. M.. & J. D. laid on the fact the contract was not in writing would rather be that it would Morrison. have availed the claimant, had it been written, to recover for the loss. The court1 however, had done justice to the claimant as to the hire upon an The bill was read, as follows: implication of a contract to pay hire, because the verbal contract had been ex­ Be it enacted, &:c., That the Secretary of the Treasury be, and he is hereby, au­ ecuted on his paru. And had the loss occurred from carelessness, it would seem thorized to pay, out of any money in the Treasury not otherwise appropriated. from the la.nguage of the court he would ha.ve received its value. But as there the sum of $408.10 to J. D. Morrison, surviving partner of C. M. & J. D. 1\Iorri­ was no proof of ·carelessness there was no ground to recover for the loss on a son, of Rockbridge County, Virginia, being the excess of taxes improperly col­ contract held t-o be invalid. lected by them, by duplicate assessment, for whisky distilled by them in Jan­ Under these circumstances, the decision being made in 1877-'78, the claimant appeals to Congress on the ground that, though the unwritten contract be tech­ uary, 1866. nically invalidt as the promise to insure the owner against loss was the induce­ :Mr. TUCKER. I move the bill be laid aside to be reported to the ment held out m 1\lexican waters to bring the Belle into the hnnds of tb.e GoY­ House with the recommendation that it do pass. The report of the com­ ernment, it is not just for the Government to avoid the liability for loss on this technical plea (and a doubtful one until by a. divided court it was decided to be mittee is quite a long one, and without asking for its reading I will valid). It wouid be a. fraud on the owner to offer inducement to get possession merely state, in order to save the time of the House, that this bill has of the Belle, .and then to repudiate it without notice to t.he owner of the invalid­ been before Congress for a good many sessions-indeed, ever since I came ity of the contract because it was not made in 'vriting. Your committee feel the full force of this argument. Good faith in transac­ here as a member of Congress, now a good long while _ago. tions between man and man would condemn such a plea after such inducement, It passed the House in the Forty-seventh Congress unanimously, but and courts of equity have never permitted the statute of frauds to be used as a failed in the Senate for want of time. passed the Senate in the Forty­ defense when the defense would wol'k a fraud. The highest good faith should, It mark the conduct of a government to its citizens; and while its courts may be eighth Congress, but failed in this House for want of time. constrained to decide against a claim because based on a contract void for some Mr. W A.RNER, of Ohio. Was that the case we adjourned on? technical defect, yet when the appeal is made to the supreme authority it be­ hooves the Government to do justice to the party in like manner as if the con­ Mr. TUCKER. Yes; the session died when I stood in this place beg­ tract had been formal and valid. ging the House to consider this bill. It returns an amount of 408 of Your committee thought it best, however, to inquire of the War Department taxes illegally exacted just twenty years ago. The Government has whether under the law and regulations of the Army the contract in question to would have been held binding had it been in writing. The question and full already made enough in the srupe of interest pay the principal; and answers of the Q\11\"rtermaster-General are hereto appended marked A. now all we ask is the repayment of the principaL By this answer it appears that the only limit to the power of a quartermaster The motion was agreed to; and the bill was laid aside to be reported or other officer to contract for means of transportation and other supplies, es­ the House with the recommendation that it do pass. pecially in time of war, is the public necessity; that in this case itwasgreatand to pressing'; that in like cases the present Quartermaster-General while quarter­ MRS. LIZZIE D. CLARKE. master on this very river had purchased vessels and the accounts for their value had been passed by the Treasury. If a contract to buy the Belle would have The next business on the Private Calendar was the bill (H. R. 958) been valid it follows a fortiori that a contract of hire with a promise to pay for for the relief of Mrs. Lizzie D. Clarke. hire if lost during the service wonld be valid. Your committee on the facts therefore think the Government is injustice bound The bill was read, us follows: to pay for the value of the vessel; that was assessed at $60,000. Major Potter Be it enacted, cf:c., That the Sec~etary of the Treasnry be, and he is hereby, au­ thinks that is fair. No intimation appears it is not. It is certified as proved by thorized and directed to pay, ont of any moneys in the Treasury not otherwise the Court of Claims. a,ppropriated, to 1\Irs. Lizzie D . Clluke, widow in community of Thomas L. This bill was favorably reported by this committee and a committee of the Clarke deceased, late of New Orleans, tutrix of his minor child and administra­ Senate in the Forty-eighth Congress; and the committee of the Senate at this trix of hlsestate, the sum of $60,000, for the loss of the sterunboat Belle, said steam­ ses.

I 2544 CONGRESSIONAL RECORD-HOUSE. MARCH' 19,

gency, the article or service required may be procured, by open purchase or laid aside be reported to the House with the recommendation that contract, at the place and in the mode in which such articles are usually bought to and sold or such services engaged between individuals.' it do pass. "In the present case 'the public exigency' for the usc of the boat exi.-ted. :Mr. HOLMAN. I rise for the purpose of asking a question rather than The officer in command of the department directs his quartermaster to contract to discuss the pending bill. Of course I lkwe no objection, if the com­ for its immediate employment, which Wa5 done, and the boat passed into the possession and service of the Government, with the express agreement. that if mittee acts upon the matter favorably, to allow the Senate bill to be lost in that service the owner should be paid her value. The question of the passed instead of the House bill. '!'here is one feature of this case which Government's legal liability to make good that loss was decided by a dhdded court against the owner because the contract was not in writing, but that does seems to be worthy of at least a moment's .attention. In the statement not meet either the merits of the claim or the measure of the Government's of the case by the committee the following passage occurs: . just obligation. The boat is shown to have been worth, at time of loes, the sum The court, however, hae done justice to the claimant as to the hire upon nn of $60,000." implication of a. contract to pay hire, because the verbal contract had been ex­ Your committee report back the nccompa:-~ying bill, and recommend that it do pass. ecuted on his part. And had the loss occurred from carelessness, it would seem ftom the language of the court he would have received its value. But 1\S there was no proof of carelessness, there was no ground to recover for the loss on a. A. contract held to be invalid. . . QUARTERMASTER·GE::\'ERAL'S OFFICE, Washington, D. C., Febr·ua1·y 16, 1SS.3. Upon the whole case it is quite clear the Government ought to tr~t Sm.: I hnYe the honor to 1·eply to your inquiry of February 11,1885, in the this as a valid contract. The Government having obtained control of matter of the claim of Tbomas L. Clarke for tile steamer Belle, ns hereiuafter this vessel by parol agreement, the only one which could be made, written, viz: the vessel being at the time outside of our jurisdiction, Congress would Question 1. "Under the law a'nd regulaU<>ns of the Department bnd a. quarter­ master authority, with the orders &f the general commanding in tlle field or at no doubt be authorized in view of the decision of the Supreme Court a. station, or as matters were in 1865 (September) on the Rio Grande, to make a to do exactly what justice demands. I do not know to what extent contract in writing such as Mnjor Potter did with Thomas L. Clarke, binding the judgment of the Supreme Court m:l.de rep:t.r.ttion for the value of the Government to be responsible for the loss of the vessel; or to make such contract orally? this property. I understand there was recovery as to the hire of the "If it had been in writing under t.he act of Congress referred to in .the report >essel. of the case in 95 United States Reports would it have been held valid, and would Ur. EZRA B. TAYLOR. For a few days only. the 'Var Department have paid the claim for the loss?" Answer. The district of the Rio Grande was under the command of Mn,j. Gen. Mr. CASWELL. Twelve hundred dollars for eight days. Fred. Steele, United States Volunteers, and his chief quartermaster was Maj. 0. Ur. HOLUAN. If the amount were considerable I should insist, 0. Potter, quarterm.aster, ,·olunteers. A large military force of cavalry had as a matter of justice on the part of tha Government to the claimant already arrived upon the Upper Rio Grande, or was expected from Shreveport, La.., marching across Texas to San Antonio and throwing out sufficient forces and to itself, that the amount so paid ought to be considered as part to take possession of the frontier from Ringgold Barracks to Fort Dnncan, near payment in discharge of the contract. There were a great many of Eagle !'ass. These troops had to be supplied by way of the Gulf to Brazos San­ these contracts entered into during the war with the Government, and tiago, and thence by boat to Brownsville and to Ringgold Barracks. The navigation of the Rio Grande is at all times difficult and dangerous, and the Government having paid the entire war risk, amounting in some in time of war doubly so, owing to the narrowness of the stream and the bushy cases to a considerable sum, where the amount is large· the· amount character of the growth on its banks. It has a shifting channel, and means of paid should be deducted from the amount allowed. This contract hav­ concealing guerrillas and bushwhackers generally along its course to Ringgold. General Steele had instructions to supply the t·roops up the river. Boats to navi­ ing been only for a few days, I do not object. gate the river have usually been built heretofore specially for that purpose, Ur. TUCKER. My friend from Indiana broadly <'-<>ncedes the pro­ drawing (loaded) about 3 feet of water. priety of the bill. I will not detain the Honse further than to state General Steele appears to have found such a boat in Matamoras, under the Mexican flag. A boat thus situated, at such a time of war and difficulty of re­ that this case has been favorably reported by the committees of the two placement, was of the greatest value to the owner. Naturally the owner would Houses at the last and present Congresses. I move that the bill (S. 32) decline to let the boat go out of his hands without full guarantee and insurance for the relief of Mrs. Lizzie D. Cla.rke, of New Orleans, be reported to as to her safety and return to his possession. No other insurance for such navi­ gation was possible, except that of tbe Government. The vessel was obtained the House with the recommendatio~ that it do pass. and manned, loaded and dispatched to Ringgold, under a bargain allowing a M:r. ROLUAN. Let the hill be r~d. reasonable rate per day, thus showing that the owner did not cover his risk by The bill wa.s read, as follows: exaggerated rates, but by exacting a promise that if lost she should be paid for on certain terms agreed upon. In my opinion the two officers operating in that Be it enacted, &c., That the Secretary of the Treasury be, and he is hereby, au­ district, with the authority and responsibility devolving upon them, were justi­ thorized and directed to pay, out of any moneys in the Treasury not otherwise fied in the course they took, and were actually compelle(l by their duty to appropriated, to Mrs. Lizzie D. Clarke, widow in. community of Thomas L. promise what they did if the boat could be secured in no other way. The law Clarke, deceased, late of New Orleans, tutrix of his minor child and administra­ is mostly silent in war except the law of good faith. The regulations do not trix of his estate, the sum of $60,000, for the loss of the steamboat Bellel.-.said steam­ provide for emergencies, and this was a tremendous one. If this case were in boat being the property of said Thomas L. Clarke and lost on the .tdo Grande exact conformity to all the forms applicable in peace, it never would ha\·e reached River while under lease by the Government of the United States under contract the Ha.lls of Congress. with the owner, the said Thomas L. Clarke. As to precedents: In 1863 on the arrival of the expedition to the Rio Grande at Fort Brown three steamers were found under the Mexican flag tied up at .Mr. TUCKER's motion was agreed to; and the Senate bill was laid Matamoras; on the 1\Ie::dcan side of the river, in precisely similar circumstances ; aside to be reported to the House with the recommendation that it do they were obtained by the present writer under the orders of the military com­ pass. mander present on a verbal promise of the payment for their full value; they were delivered over for immediate service, manned and wooded, and the money The CHAIRMAN. The bill (H. R. 958) for the relief of Mrs. Lizzie for their purchase was duly paid subsequently in New Orleans, and the accounts D. Clarke will be reported to the Honse with the recommendation that were passed ali the Treasury. Operations without these boats would have been it be laid upon the table. impossible on that river; so it was with the steamer Belle, belonging to Mr. Clarke. I do not wish to argue this case, but it is apparent to me that the owner There was no objection, and it was so ordered. would not regard the question of fault or no fault in the loss of the steamer. She was in o'her hands than his own and she was actually lost, and that fact FR~CIS H. SHAW. wa.S conceded; if lost by negligence, act of the enemy, or any other cause, the The next businesS on the Private Calendar was the bill (II. n. 2095) owner was to be paid for his boat precisely the same. It seems strange that it is legal to recognize the verbal agreement in just so far as the few days' hire is for the relief of Francis H. Shaw. concerned and repudiate the rest of the agreement as concerns the loss of the The bill was read, as follows: boat. The penny is paid and the pound denied. I look upon this ease as one Be it enacted, ~c., That the Secretary of War is hereby authorized and directed of purely good faith under the pressure of war, and, therefore, as overriding all to grant to Francis H. Shaw, late captain of Company C, Fifty-fifth Illinois ordinary precedents and rules. · United States Volunteer Infantry, an honorable discharge and muster-out of the In my judgment Major Potter nnd his commander had full and sufficient au­ service of the United States. thority to do what they did do; that is, to do all that was needful and necessary SEc. 2. That nothing in this act contained shall be held to authorize the pay­ to carry out their instructions as to the military operations depending upon ment of any money to said Francis H. Shaw on account of the honornble dis­ themselves in any practicable or possible way by hiring anything out of their charge nnd muster-out as hereinbefore provided. reach that could not be impressed and by impressing any means of conveyance at hand. This was true, whether the matter of agreement was reduced to writing :hir. LAIRD. :h!r. Chairman, I reported this bill, and, as is apparent, or (time not admitting) leaving it in verbal form, so that it was fully and fairly understood by the parties thereto. Now, it was so far well understood that the nothing is asked from the Government by Captain Shaw except an bon­ property was transferred from the owner, and moved from the Mexican side of OI-able discharge. He was dismissed from the service of the United the river to the Texas side, and placed in the hands of our officers. Clarke exe­ States peremptorily, without trial by court-martial, without investiga­ cuted his part of the agreement, and the Government, in my judgment, should do its part. There were no telegraph lines in 1865, and no other swift means of tion, by the general commanding the army, without a hearing, and in communication between the Government and its forces on the Rio Grande. All the face of the fact that a vast preponderance of testimony shows thn.t the intermediate country between Washington city and the Rio Grande was Captain Shaw was without blame. hoilingwith war, and covered with resulting confusion. The officers responsible for conducting operations on that remote frontier had to stand alone and act as The facts were that this officer, in command of the Fifty-fifth illinois best they might in order to secure success and avoid failure. The responsibili­ Volunteers when the operations in and about Atlanta, Ga., were going ties of such a period can be but imperfectly passed upon in the light of the happy on, had held this regiment as skirmishers in an advanced and exposed peace that rests upon this great capital to-day. In conclusion, to my mind the reduction of this agreement to writing would position where the men had been under fire for seventy-two hours, and not have changed materially its binding force. It was absolut-ely impracticable without food, without water, at which time he received an ordel' from in the nature of things to conform to the statute of 1862, cited in proceedings of Lieutenant Martin, of the staff, to advance in company with the Fifty­ the Court of Claims in this case. Most respectfully, your obedient serrant, seventh Ohio Volunteers. S. B. HOLA.BffiD, Captain Shaw replied that under the circum.st.·:mces, in the condition Quartermaster-General, U. S • .A. in which his men were at the time, he did not feel that be ought to lion. :J. RANDOLPH TuCKER, order his regiment forward until the general commanding his brigade Chairman, Judiciary CommiUee, House of .Rep1·csentativcs. was advised as to the condition of his troops. The object of the order M:r. TUCKER. I now ask that Senate bill 32, for the relief of :Urs. was that he should take and hold a still more advanced position in tho Lizzie D. Clarke, of New Orleans, to be taken up, in order that it may be line, requiring of necessity men who were alert and upon their guard 1886. CONGRESSIONAL RECORD-HOUSE. 2545

and n-ot_worn out by excessive service. He asked, therefore, that the command of the regiment. The ground upon which he was dismissed, order, or rather that the execution of the order by himself, should be the alleged refusal to take his troops into action under an order, was man· suspe:nded until the officer in command of the brigade should be advised ifestly a mist.'l.ke, a misunderstanding, for there is the testimony of"two of these circumstances. This request of his, for the suspenson of the ex­ brother officers, who were present and saw what took place when the ccution of the order until the general in immediate command should be order was given, and they heard his reply. Their testimony shows that - advised of the condition, wasreported byLieutenantl\Iartinofthestaff his words did not indicate that he acted in a spirit of disobedience; and back to the brigade commander as a peremptory refusal on the part of he himself states he had no idea that he had committed the heinous Captain Shaw to takehisregimentintoaction. Thisreportofthelieu­ offense of disobeying his superior officer. His command was utterly tenant of the s,.taff was transmitted to the officer commanding the bri­ exha,nsted by the long-continued fighting before Atlanta. gade, by him to the division commander, and through him to General On that 4th of August, 1864, they had been without sleep for three Howard, commanding the Army, and became the basis of the summary nights and four days, under a murderous and destructive fire; they dismissal of Captain Shaw from the service of the United St.orted in the minds of some members tend to prej ndice this bill. from the Committee on Military Affairs. When this officer was so harshly dismissed, conscious that he had done The bill was read, as follows: all a soldier's duty, stung with a sense of wrong done him, he turned Be it enacted, cl:c., That the President of the United States be, o.nd he hereby is, away and went silently home, refusing utterly-to say one word even in authm-ized to select from among the colonels now on the retired-list of the Army protest. His brother officers unanimously signed a paper stating the of the United States one person who has served in the late civil war as chief of facts and appealing for redress to President Lincoln, but Mr. Lincoln, artillery of one of the principal armies of the United States, and to place him on said retired-list with the rauk and pay of major-general from the date of his re­ it is now discovered, never saw that paper. In the tumult and confu­ tirement: Provided, That the officer so selected has been borne on the acth·e-list sion of the terrible struggle around Atlanta. it never reached the Presi­ of the ArJ;DY for more than forty years as a commissioned officer of artillery: dent of the United States. Captain Shaw went home with a wounded And provided further, That he held ~t the date of his retirement the brevet rank of major-general, conferred by the President, by and with the ad vice and con­ spirit, strong in the verdict of his own conscience, and determined that sent of the Senate, for distinguished services in said war. he would abide by the result of time and the final judgments of men. The report was read, as follows: Years went by and he gave no sign, nor would he suffer others to plead The Committee on Military .Affairs, to whom was referred the bill (H. R. 37) to in his name. But his comrades of the old Fifty-fifth made persistent authorize the President to change the rank of officers on the retired-list of the application to him to be permitted to urge his cause, until finally in Army, having considered the same, beg leave to submit the following report: 1884 his consent was obtained, and an appeal was sent to me to be pre­ We find that the only officer of the Army who can be affected by the bill is Col. and Bvt.Maj. Gen.HenryJ.Hunt. sented to Congress for his relief. We find that a bill was introduced in the Forty-eighth Congress to attain the In giving his consent to their action in making this effort for his sake same object; that it was favorably reported by the Committee on Military Affairs Captain Shaw said, in words worthy a brave soldier, sorely hurt by this of both the Senate and House, and that it passed the House of Representatives by more than a two-thirds vote. cruel wound harder to bear than the wounds he received on the field of The committee adopt the report of the Committee on Military Affairs of the Shiloh: Forty-eighth Congress, which we incorporate and make a part ofthis report, and Should the efforts of my comrades in arms to correct what they have always report back the bill with a recommendation that it do p ass. considered a grievous injustice be successful I shall rejoice, and especially for [House Report No. 122, Forty-eighth Congress, first session.] my children's sake; if my unintentional misdemeanor is judged worthy life­ The Committee on Military Affairs, to whom was referred the bill (H. R. 78) long punishment, I must continue to suffer in silence, as I have done so many to provide for the retirement of Col. Henry J. Hunt as a major-general of the years. My conscience bas never accused me of any unfaithfulness to my coun­ United States Army, beg leave to report: . try; never of any breach of military law. I have always believed myself un­ Colonel Hunt's active service with troops, as shown by the official record justly dealt with in consequence of a misunderstanding of the facts in the case. hereto appended (Appendix A), has extended over a period of more than forty­ four years. He has held the rank of major-general by two brevets, one in the This patriotic man, who was engaged in a lucrative business when votunteer and one in the regular service. He performed the duties of major­ the war broke out, left it to go into the service of his country as a pri­ general for nearly eight years, of which four were during the late war. For vate soldier. He took part in nine important battles, and displayed such three years he wali chief of artillery of the Army of the Potomac, and success­ fully conducted this important and difficult service. It never has been ques­ high soldierly qualities, courage, coolness, modesty, efficiency, as raised tioned that his conduct met the approbation of the successive commanders of him from the ranks-from the position of a private soldier-up to the that army and of General Grant. His brevet of major-general of volunteer~t XVII-160 2546 CONGRESSIONAL REOORD-HOUSE. MAROH 19,

"for gallantry a-nd distinguished conduct at the battle of Gettysburg, and for at Fort Hamilton, N.Y., to October 3, 1814, and at Fort Columbus. N.Y., to Au­ faithful and highly merit-orious services from the Rapidan to Petersbur~," ante­ gust 15, 1845; conducting recruits to October 19, 1845; with company at Fort dated all brevets of the same grade conferred at the close of that campaign, and Adams, R.I., to June 1, 18-16; with Light Battery en route to, and in, Texas~.ani Majdr-Genernl Meade subsequentlyrecommended his promotion to a full major­ in the war with Mexico (commanding battery from November 18, 1847, to JUI e general. Although his command was equal in extent to that of an army corps, 24, 1849}, to July U, 1848; en route to, and at, Fort Columbus, N.Y., to October 11, he is, so far as known, the only permanent corps commander who did noli re­ 184.8, and at Fort 1\IcHenry, Md., to July 1, 1849; on leave to December 15,1849; ceive the rank of full major-general. This rose from the fact that in his arm of with company at Fort Monroe, Va., to December 5, 1852, and at Fort Moultrie, the service (the artillery) there was no such promotion as in the other arms. S.C., to June 15, 1853; cvmmanding light battery at Fo.rt Smith, Ark., to August The Adjutant--General, in the first year of the war,held that a battery was a 16,1.853 and at Fort Washita, Ark., to November 24,1853; on leave to l\1arch30, company, and as the law authorizes not more than one brigadier-general for 1854; c~mmanding battery ali Fort Washita Ark., to November 14, 1856; mem­ every four regiments (40 companies), the largest army could have no more than ber of board revising the system of light artillery tac~ics to September 30,1857; one brigadier of artillery. commanding battery at Fort Leavenworth, Kans., to May 28, 1858; in the field On the other hand, the General-in-Chief, in the second year of the war, held on the expedition to Salt Lake, Utah, for the relief of Col. A. Sidney Johnston, to that eacll battery was a regiment commanded by a captain, and that conse­ August 3,1858, and at Fort Leavenworth, Kans., to August 31,1858; member of quently field officers were unnecessary, and orders were issued to exclude them board revising the system of light artillery tactics to March 22.1860'; command­ from the service. (General Orders No. l26,1-{i2.) in"'batteryenrouteto,and at, Fort Brown, Texas, to December 13,1860; on leave­ For the remainder of the war both theories were acted on. The artillery was to january 2,1861; commanding troops at Harper's Ferry, Va., to April 2,1861; deprived of generaJ..s because a battery was a company, and of field officers be­ commanding battery at Fort Hamilton, N.Y., to April611861; en route to, ~nd ali, cause a battery was a regiment. Fort Pickens, Fla., to June 27,1861; e11> route to 'Vashington. D. C., and m the The result was the immediate stoppage of promotion in the artillery. Con­ field, Virginia., to July 26,1861; chief of artillery, defenses of Washington south sequently, as soon as an artillery officer developed high ability he was offered of the Potomac, to September 16,1861; commanding artillery reserve Army of the promotion in other arms that was impossible in his own. In this way the the Potomac, at Washington, D. C., to March 10, 1862, and in the field, Virginia other surviving commanders of batteries in the Mexican war, George H. Thomas, (Peninsula campaign), to Augu t 21, 1862, being also employed as member of a John F. Reynolds, and W. T. Sherman, were in 1861 appointed brigadier-gen­ board to fix number and caliber of guns at permanent fortifications and field erals of infantry, and rose to great distinction. General Hunt was repeatedly batteries from November 26, 1861, to some time in March, 1862, and president of offered such commands; but because his skill and experience as an artillerist the board to report upon the various kind of rifled cannon and ammunition were essential to the success of his arm, the Government would not permit him therefor and to examine projectiles to replace those in use in the Army of the to leave it. Thus, his very ability prevented his advancement by confining Potoma~ from November 1,1861, to some timeinJanuary,1862; forwarding bat­ him to the artillery, where there was little or no promotion. teries from Acquia Creek to General PoJ?C'S army in Virginia from August 22, While receiving the pay of a. colonel. or at most of a brigadier-general, Colonel 1862 to some time in September, 1862; ch1ef of artillery, Army of the Potomac, Hunt was subject to all the expenses of o. major-general commanding a corps. frorl:t September 5,1862, to June 27, 1865 (assigned and on duty accordi~ to his Hi command being scatteredoveragreatexten ofground,ma.ny ofhis officers, brevet rank of major-general from December 29,1864, to April 30, 1865) ; com­ riding long distances to confer with him, had to be kept over night and enter­ manding artillery division, Department of Washington, to some time in August, tained. Moreover, many foreign officers and other guests at the headquarters of 1865, and the district of the frontier at Fort Smith, Ark., from September 13,1865, the Army, were billeted on him. As no extra. allowance was given him for these to March 24., 1866. unusual expenses he was obliged to pay them himself, and in this way expended He was honorably mustered out as brigadier-general of volunteers .Apl'il 30, more than $2,000 a year beyond his pay. In other words, he served his country 1866. in a position of the greatest responsibility and peril and paid $2,000 a. year for He was appointed president of the permanent artillery boai·d, in reference to the privilege, so that he had in thi'3 way, at the end of the war, exhausted his the interest and efficiency of the artillery arm, in session from April 2,1866, to slender private resources. Auo-ust.29,1866; on permission to delay to January 18,1867; member of board to .As has been said. Colonel Hunt's command was fully equal to that of a corps. de~rmine the caliber and proportion of rifled guns for the armament of forti­ At the battle of Gettysburg, for example, his artillery consisted of sixty-five fications to February 27, 1867; commauding Fort Independence, Ma achusetts, batteries (three hundred and sixty-four guns), with over eight thousand men, to .April29,1867; Fort Sullivan; 1\Iaine, to February 5,1869, Fort Jefferson, Flor­ seven thousand horses, and large trains of ammunition and stores, the whole ida, to AprilS, 1869; regiment and post of Fort Adams, Rhode Island, from fay divided into fourteen brigades. At the investment of Petersburg his command 20, 1869, to July 28, 18i0, bei.?g o.l~o in command of the Canadian frontiet: from Lake was even more extensive, for he there had sole control of the siege operations Ontario to Lake Champlam, with headquarters at l\falone, N.Y., durmg the Fe­ south of the Appomattox, which embraced the entire Army of the Potomac and nian disturbances April and l\Iay,1870; commanding the district of North Caro­ one corps of the .Army of the James. And it is to be borne in mind that his du­ lina, July 28 to September13, 1870, and Fort Adams, Rhode Island, to .July 4,1871; ties, unlike those of a. general of infantry, were double, being, first, those oi a member of board preparing a system of general regulations for the .administra­ commander of troops on the field of .battle, and, secondly, those of an adminis­ tion of the affairs of the Army to May 23,1872; com.p:1.anding post of Fort Adams, trative officer having charge of ammunition trains and supplies. And yet no Rhode Island, to March 2,1873; on leave to April 23,1 73; commanding Fort major-geneml of artillery was admi!sible, although there were issued during Adams, Rhode Island, to August 24.,1874; O!l court-martial duty at Fort Sanders, the war one hundred and fifty-six commissions of major-general. Wyoming toSeptember26,1874; comma~dmgForliAdams, Rhode-Island, to No­ Had promotions to the highest grades of the Army been by seniority, as it is vember 30 '1875, and at Charleston. S.C., toNovember 12,1876; under Ol'ders of the in the Navy, Colonel Hunt would have been for yearsamajor-general,and, when Secretary 'of War to February 21, 'JE77; commanding post of Charleston, S. C. , to retired, the senior of that grade. April12,1877; on leave to June 20, 1877; commanding post of Charlesto.n, S. 0. , ~o .As a retired officer he is now properly eligible to the rank whose duties he April 21,1879, and Atlanta, Ga., to Septembel' 19, 1879; on court--martial duty m performed during the war, and was performing at the date of his retirement. Kansas to December 3, 1879; commanding post of .Atlanta, Ga., to December 21, Pre~dents for such promotions are numerous. Besides the cases of Colonels 1880; on duty in Washington, D. C., to January 6,1881, and coml!landin~ the De­ Robinson and Sickles, and Lieutenant-Colonel Carroll and Major Ricketts, who partment of the South at Newport Barracks, Kentucky, accordmg to hlS brevet were retired as major-generals under the general acts of August 3, 1861, and July rank of brigadier-general, to March a, 1883, and as colonel to September 14,1883, 28, 1866, there is the case of Brigadier-General Ord, retired on his brevet rank of when he was retired from active service by operation of law under the provis­ majo-r-general by special act, January 28, 1881, and of Col. S. P. Heintzelman as ions of section 1 of the act of Congress approved June 30,1882. major-general, by joint resolution AprillO, 1869; Colonel Crawford, as brigadier­ In the war with Mexico he was attached to Duncan's battery, and was engaged genei·al, by special act of March 3, 1875; and Colonel Emory as brigadier-general, in the siege of Vera Cruz, the battles of Cerro Gordo, Churubusco..,Molino del by special act of .June 26, 1876. Rey storming of Chapultepec, assault on the Garita San Cosme., ana capture of To illustrate the saving by the Government in consequence of restricting the the ~ity of Mexico. In this campaign he was twice wounded. He commanded chief of artillery to the grade and the staff o~ a. brigadier-general, instead of his battery at the battle of Bull Run, Virginia, July 21,1861; commanded the ar­ those of a major-general commanding a corps, the following tables are given: tillery reserve in the Peninsular campaign of 1862. At the siege of Yorktown, Pay of a major-general during the war, per annum ...... $5,368 50 the battles of Gaines's Mill, Garnett's farm, White Oak Swamp, Glendale, Tur­ Staff, fivelieutenant-colonels ...... 11,272 50 key Bend and Malvern Hill. .As chief of artillery he commanded the artillery Three aids ...... -...... 5, 445 00 of the .A.r:0y of the Potomac in the subsequent campaigns of that army, being - - -- m, OSG oo engaged in the battles of South Mountain, Antietam, and Fredericksburg, in 1862; Average pay of General Hunt as colonel and brigadier-gen- Chancellorsville, Gettysburg, Rappahannock Station, in 1863; Wilderness, Spott­ eral ...... 3, 453 50 sylvania Court-House, North Anna, Totopotomoy, Cold Harbor, assaults of Pe­ One inspector-general...... 2, 254 oO tersburg, June 15-18,1&31; siege of that place and its capture, and was present at One assistant adjutant--generaL ...... 1,561 50 the capitulation of the Army of Northern Virginia,at.Appomattox,April9,1865. Two aids...... 2, 966 00 All the siege ope1.·ations at Petersburg were placed under his general direction 10,235 150 by the following orders: [Special Orders No. 43. J Savingperannum ...... 11 850 50 HEADQUABT.ERS ARliiY OF THE UNITED STATES, Saving for the four years of war...... ~1: 4.02 00 Oily Point, Va., June 27, 1864. Thee teem in which Colonel Hunt is held byhiscompanionsinarms isshown In aJ(siege opera.tions about Petersburg, south of theAppOIDllttox., Brig. Gen. by the accompanying request in aid of this bill, si~ned by all the chiefs of the H. J . Hunt, chief of artillery of the Army of the Potomac~,.. will have general military bureaus of the w·ar Department (Appendix B). charge, and be 'Obeyed and respected accordingly. Col. H. L. Abbot, in charge Your committee therefore recommend the passage of the bill. of the siege trains, will report to General Hunt for orders. By order of Lieutenant-General Grant. .APPENDIX A. T. S. BOWERS, Assistant Adju.tant-Genet·al. li:EADQUABTERS OF THE .A.Rln:, .ADJUTANT-Gru."'ERAL'S OFFICE, Washington, January 16, 1884. One army corps of the Army of lhe James co-operated with the Army of the Statement of the military service of Henry J. Hunt, of the United States Army, Potomac south of the .Appomattox; a1so the siege trains under Colonel Abbot compiled from the records of this office. _ were used for the operations of both armies.. R. C. DRUM, lie was graduated at the U.S. Military Academy and appointed second lieu­ Adjutant-General. tenant Second Artillery July 1, 1839; promoted first lieutenant June 18, 1846; captain, Septe~ber 28, 1852; major Fifth Artill~ry, Ma:y 14,1861; l~eutenant-colo­ nel Third Artillery, Auausli 1, 1863; colonel Fifth.A.rtlllery, April4, 1869; colo­ .APPE-:o.-nrx B. nel and additional aid:de-camp September 28, 1861; and .brigadier-general of WJc\R DF.PAI!TME T, volunteers, September 15, 1862, ' 1fm: meritorious services." Washington City, Janua1·y 15, 188-1. He received the brevets of captain United States Army, August 20, 1847, "for SIR: I have the honor to tra.n m it to you a t estimoni:U. of all the chiefs of the gallant and meritorious conduct in the battles of Contreras and Churubusco; " military bureaus in this department, showing the high estimation in which t11ey major United States Army, September 13,1847 "for gallant and meritorious con­ hold the publicservicesofGeneralllenry J. Hunt, in relation towbom a bill has duct in the battle of Chapultepec;" colonel United States Army, July 3, 1863, lately been introduced in the Hou. e of Repi·esentativ . "for gallant and meritorious services in the battle of Gettysburg, Pa.; 11 briga­ Very respectfully, your obedient en·nnt, dier-general United States Army, March 13, 1865, " for gallant and meritorious ROBERT T. LINCOLN, services during the siege of Petersburg, Va., and in the campai.,an terminating Secretary of War. 11 with the surrender of the insurgent army under General R. E. Lee; major­ General W. S. Ro ECRANS, general United States Army, March 13, 1865, "for gallant ltlld meritorious serv­ Chairma1 Committee on J!ilitary A.ffairs, ices iu the field during the war;" and major-general of volunteers, July 6,1864, IIo1.use .of R.qn·escn l«f~ves. "for !!allant and distinguished conduct in the battle of Gettysburg, and for faithr'U! and bioohly meritorious services in the campaign from the Rapidan to Petersburg, Va!'• He served with his company at Detroit, Mich., from August W A HINGTON, D. C. January 11, 1884. 30, 183!"1, to October 15, 1839; at Buffalo, N.Y., to September 21, 1840; at Madison The under igned desire to express tbeh· gratification that a bill has been in· Barracks, New York, to August 13,184.1; at FortAdams,R. I., toAugust29, 1843; traduced into the House of Reprcsent:!tives placing Bvt. 1\Inj. Gen. llcnry .J. 1886. CONGRESSION;AL RECORD-HOUSE. 2547

Hunt on the re~ired-list with the rank of major-general. Geneml Hunt was minute, and regarded by the light of facts out&de the atmosphere distinguished in the Mexican war; and in the late war his reputation as s. g&].­ which pervades this Chamber, to be recognized as repugnant to every la.~t~ efficient, and thorough soldier rose with his services, which were distin­ guisned in the nighest degree in almost every battle fought east of the All~­ principle of justice and to the fundamental idea of our political and so­ ghanies. Forty-four years of such service richly and justly deserve recogru- cial system that every American has the right to be equal to every other / tion by Congress. · American. His was not the only patriotism; his was not the only gal­ The undersigned heartily concur in this proposed action by Congress, and etrongly recomm~nd that this bill become a. law. , lantry. S. V. BENET, I venture the prediction that when applications are made here for Brigadier-General, Chief of Ordnance. other men who served in the ranks, men as brave, as gallant, as capar­ D. B. S.A.CK.ET, Brigadier and Inspector General, U. 8. A. ble of leading (they could not all be leaders), yon will leave them neg­ WltL B. ROCHESTER, lected, forlorn, forsaken, and will thus intensify the feeling of popular Paymaster-GeneraL, U. 8. A. indignation which, if you continue this practice of legislating for favor­ R. M.A.OFEELY, Commisscuy-Genera' of Subsistence, U. 8. A. ites, must produce results greatly detrimental to the interests of the S. B. HO~ABffiD, whole country. Gentlemen say we must reward and encourage these Quartermaster-General, U. 8. A. men because we shall need them in positions of command in the event R. MURR.A.Y, - Surgeon-General, U. 8. A. of another war. Sir, I grant that we shall need commanders, but if H. G. WRIGHT, these recognitions are intended to stimulate men to exhibit the charac­ Chief of E-n.gineers, BrigawU?- and Brevet Major-General. teristics of daring and military leadership, if that is your motive, I ask, W. B. HAZEN, Chief Signal O.fficer. where are the objects, where are the stimulants, that will jnduce men D. G. SW.A.IM, ro take up arms and rush to fill the ranks of your armies ? Are you Jwlge-.Ad.vocate General. pursuing this course of policy in the expectation that your next army R.O.DRUM, Adjutant-Ge-neral. is to be made up of those in command only? Whether that is your purpose or not your policy will inevitably have that tendency. I can Mr. WHEELER. Mr. Chairman, I trust there will be no opposition show yon on my table scores of letters from men who served in the to this bfil, and if thete 1§ none, and there be no objection, I move that . ranks of the armies of the Union, who say in substance, "We would it be laid aside to be reported to the Honse with a favorable recom­ not enlist again nor have our children to enlist if the present policy of mendation. legislation in these matters ~ to be continued.'' In the long three Mr. PRICE. There is some slight opposition to the bill. years that I have had any'personal knowledge of Congress I have never Mr. WHEELER. If there is, I claim the floor. known but one of these outrageous propositions beaten by the House, The CHAIRMAN. The gentleman from Alabama [Mr. WHEELER] and that was on last Monday week. is entitled to the floor for one hour if he desires it. He can occupy it In that case it was proposed to raise a pension from $30 to $50 a now or he can yield at this time to the gentleman from Wisconsin [Mr. month, and this Honse deliberately and intelligently defeated the prop­ PRICE] and reserve his time. osition. Here is a bill involving the same principle, because in that Mr. WHEELER. I will reserve my time. case the proposed increase was based solely upon the fact that the ap­ Mr. PRICE. I only desire for a moment the attention of the House. plicant was the wife of a major. In this case a colonel or a brigadier­ Iunderstandaswellasanygentlemancanitisathanklesseffortortaskto general is t{) be the beneficiary, and gentlemen seem to be tumbling undertake to stem the tide of sentiment that has .too long governed the head over heels after each other to see which can get there :first to p::ISS action ofthisHonsein the appropriationofpensionsbased on rank, and the bill. I believe that if there was a proposition here to vote a pen­ purely on rank and position. All that has been said, or may hereafter sion of a million dollars to a brigadier~general with a sore toe, men be said, eulogistic of the character and military record of General Hunt, would advocate it and vot-e for it who would not be willing to vote a I fully indorse now. But I look abroad over this country and I find pension of two dollars and a half to a man who served under him in there is an amount of unrest that causes thoughtful men to far for the the ranks and who risked his life as bravely and gallantly as any leader consequences of a dissatisfied rebellion, turbulent feeling among the ever did. I make no :fight on the leaders. I hold that when a man masses, arising mainly from a conviction forced upon their minds by our assumes leadership he is not necessarily auy less a good man on that acts that we are unjust as between those who serve and those who govern. account; but Iholdalsothatwhen he stepsdown andgoes backamong Looking over the statutes, I find it cost us last year $1,113,000 to pay the people whence he came, he becomes one of them again and js en­ our retired Army list. I do not know that that is a dollar more than titled to no more consideration, no more reward, and no more blame it ought to be. But I do know, if yon continue this practice, yon may because of his leadership than any of his equally worthy fellow-citi­ continue it until the hour shall.have arrived when thepeoplewillrebel, zens. ifthey are not already in a condition of rebellion against a system based Mr. Chairman, I would not be regarded as among those who say that upon simply official position. a man in an official position must necessarily be a bad man, or that a Will you tell me that the man who commanded, bright, brilli.ant, man because he is in the possession of wealth must necessarily be a bad gallant, brave, daring as he may have been, is the only one entitled to man; but neither wealth norpositionis any indextomeofthe strength the gratitude of this American people? Will you tell me that as an of the claim that a man has upon the justice or the generosity of his .American Congress we can sit here day after day and year after year country. legislating in the interest of these men because of their conspicuous gal­ Mr. WHEELER resumed the floor, and yielded :five minutes to Mr. lantry, while other men equally brave, equally self-sacrificing, equally PETTIBO~E. devoted ro principle are starving in squalid homes and dying in poor­ Air. PETTIBONE. Mr. Chairman, I do not agree with my eloquent houses all over the country? I tell yon the system is unjust in itself friend from Wisconsin [Ur. PRICE], that because I can not do justice and disastrous in its consequences and will react against us .some time all at once to all men I therefore will not do justice to any particular unless we remedy the wrong. individual. I believe, sir, in doing what I can when I can, and it is Look over the retired-list of your Navy and y{)n will find that $778,000 enough always to control my vote for me to know that I am dealing were appropriated to it last year. I understand there are two condi­ with the case of some citizen who, for distinguished merit, for distin­ tions in which men may be retired; and those reasons .for retirement guished courage, for distinguished skillandcapacity, has deserved well are certainly entitled to consideration on the part of the Government.' of the Republic. I am heartily in favor of the passage of this bill, and One is when an individual is retired because of age. That is part of I say to the gentleman from Wisconsin [Mr. PRICE] that it does not the contra.ct. The other is when by reason of wounds received in the become any civilian who .staid at home during the war to criticise service he has become disqualified from duty, in which case he is en­ wha.t we soldiers deshe to do for each other. Mr. Chairman, the gen­ titled to be retired with three-fourths pay. That also is part of the tleman says that he does not favor any stimulant being offered for dis­ contract. Yon will find that last year $55,000 were paid to men men­ tinguished service, for distinguished devotion, for distinguished ability. tally and physically disqualified, but not so disqualified from any cause There is where he andidi.ffertotocmlo. I would give such stimrilanm­ 'attributable to the service. stimulants of reward, of honor, of fame-to every worthy soldier of the As I have said, this whole principle is unjust in its opemtien and dis­ Republic, so that we may have leaders in time of need upon whom we astrous in its consequences. We have no right to expect the people to can depend. And, sir, as a volunteer soldier, I repel the statements be attached to the institutions of our country if you continue in this which the gentleman says are contained in his letters, that if we do such line by making the rich richer and the poor poorer. things as this bill contemplates his constituents or his correspondents Bring in, if yon will, one broad comprehensive pension bill making a will never again rally ro the defense of the country. I will tell you distinction between those who served and those who commanded. I what sort of soldiers those men were. They were bounty-jumpers; not ' mightconsenttosuch ageneral bill; but I protest in thenameofh{)nesty the boys that went to the front. The young men that went to the front and of the American people against singling out individual cases in this did not go for pay. I know of young men who resigned places worth way. Take this man who has been receiving, according to the report, 100 a month and more to eat "hard-tack" and bacon and :fight those $3,450 a year. Yon propose t{) make his pay over $5,000. The report gentlemen over there for $13 a month. It will be ill for America when says we have been saved the difference between these two amounts. the idea prevails that because we give a pension, because we give a mark 1And, therefore, because he has not received the highest compensation of distinction to a veteran general whose gallantry and skill, as I verily known to the law in the highest position in the Army, his pay must believe, turned the tide of battle at Gettysburg, the country is going to now be increased from three thousand dollars and odd to five thousand be ruined and all ·the patriotism taken out of the bosoms of the men dollars and odd. This proposition has only to be looked at for {)ne who carry the muskets. It is false, and I repel it. 2548 CONGRESSIONAL RECORD-HOUSE. MARcH 19,

Mr. WHEELER resumed the floor and yielded ten minutes to Mr. you once educated a man at West Point you must not only look after PETERS. him forever but he must be singled out; and because he has been edu­ .M:r. PETERS. Mr. Chairman, in the last Congress I opposed a bill cated by the Government he must have special priVileges thrown around similar to this having for its purpose the placing of Colonel Hutl.t on him, thus establishing a privileged class, which I do not believe to be the retired-list as a mn.jor-general. I do not desire to occupy to-day right. It is following right along in the same position I understand the much time on this question. I am opposed to this bill because I do not President to.have taken that he will select out and promote only this think it is right. I differ entirely from my friend from Tennessee [Mr. favored class and the sons of this favored class and leave the rank and PETTIBONE] in regard to the efficiency of the :utillery service at Gettys­ file of the country, while the son of the poor laboring man or soldier who burg; but I do not think the efficiency or inefficiency of the artillery at may have carried a musket and knapsack for four years must stand back. Gettysburg has anything to do with the bill before the House. For one, I am opposed to the introduction of any such canker of aris­ The main reason urged for the 11assage of this bill is the fact that tocracy into our system. I am opposed to any class arrogating to itself Colonel Hunt, during the war, had tendered to him and might have the privilege of preference in promotions and that all others must stand accepted the position of major-general, but for various reasons, which back. I say the principle is wrong, whether there is any member on to him seemed sufficient, declined to accept that promotion. I say, Mr. this side of the House who will agree with me or not. I say to the Chairman, in all candor, that ends the matter as far as this bill is con­ gentleman from Wisconsin [Mr. PRICE] I will stand by him and vote cerned. He has no claim upon this country or this Congress which en­ against this bill as a matter of principle. titles him now to come and ask that Congress give to him what he de­ He is already retired with the full rank he was entitled to or earned clined to accept during the war. He not only declined to accept this in the service, and you had just as well go back and say you will take promotion, according tp the report of the committee, but by doing so some private soldier out of the ranks and have him mustered as a cap­ he kept meritorious officers under him from receivingpromotion to which tain as to pass this bill. Why, Mr. Chairman? Simply because of the they were entitled. In this way he did an injustice to a large number faet that the soldier was too big a coward to rush to the front and do his of officers who were doing as valuable service during the war as he did, full share of the fighting; he did not go to the front; he was not disabled and who were entitled to the promotion which he prevented them from or killed, and therefore he kept himself safe, and if the other man had receiving by refusing toaccept promotion when it was offered to him. kept out of the way he would have got the promotion. That is just the His services were no greater than those rendered by a large number of same principle embodied in this bill You seek to promote this man other officers in the military service dnrfng the war. now because there were some circumstances at the time that kept him Another reason that is urged in favor of promoting Colonel Hunt now from getting the promotion. Why, any circumstances that kept him to the positiov. of major-general is the fact that he was subjected to · f1·om getting the promotion would justify the pa.&lage of the bill if you enormous expense by reason of his being the chief of artillery. I think can find justification for it on such a report as this. that is a very flimsy excuse to be presented in any report as a reason I do not believe the bill is right, for it makes a special object of this why we should at this late day place this gentleman upon the retired­ man, while you say to the thousands of men, equally brave, equally list of the Army as a major-general. determined, equally meritorious, we will not grant you relief, but we Aside from other considerations, the war is now over, and this gen­ will take up an isolated case-the case of a man mentioned here-be­ tleman is not in needy circumstances. It is not urged that the salary cause he happened to be a graduate of West Poin.t, and promote him to which he receives as a colonel on the retired-list is not sufficient to the exclusion of every other soldier. maintain him du.:ing the remainder.of his life. I can not, therefore, I say, sir, that is not right, and I will be found in opposition to the look upon this bill in any other light than a proposition to give to him principle embodied here whenever a vote is taken upon the question. a certain amount of money which he does not need to make him com­ Jtir. PRICE. I yield ten minutes to the gentleman from Tennessee fortable in his declining yea.rs, while it is taking it from others who do (Mr. McMILLIN]. need it. Mr. SPRINGER. I hope the gentleman from Tennessee will yield The 'bill seems to me unjust in principle and one which should not to me just a moment. be toler-ated. I simply desire to enter my protest· against any bill of M:r. McMILLIN. Very well. this kind, especially the one before the House; and I call upon all those Mr. SPRINGER. I merely wanted to correct a statement of the who are in favor of correct principles to vote against its passage. gentleman from Indiana [Ur. JOHNSTON] in regard to a publication that Mr. WHEELER addressed the committee. [See Appendix.] he has seen in the newspapers to the effect that the President stated he Mr. PlUCE. I yield now for fifteen minutes to the gentleman from would recommend the sons of Army and Navy officers exclusively for ap­ Indiana. [Mr. JOHNSTON]. pointment to positions in the .Academies at West Point and Annapolis Mr. JOHNSTON, of Indiana. l\Ir. Chairman, I do not feel like op­ as against the sons ofthe private soldiers of the Army. · posing any bill the object of which is to promote a soldier for meri­ :Mr. JOHNSTON, of Indiana. I should have remarked, l'lir. Chair­ torious and gallant service in behalf of his country. But I do feel man, in this connection, that I saw this ina Democraticnewspaper. I ca.lled upon to oppose this bill for several reasons. I believe I can speak do not know, therefore, whether it is true or not. [Laughter.] for this side of the House as well as for myself that we are thankful to . Mr. SPRINGER. I do not know whether it is true or not, either; the gentleman from Alabama [Mr. WHEELER] for the lecture for our but the gentleman stated it upon his authority, and I supposed the in­ action toward the soldiers. And in answer to him I will say we will timation was that he believed it to be true. But I want to assure him try to take care of our soldiers if we are permitted to do so. that the President of the United States has made no such statement. Now, with several other gentlemen upon this side of the House, I If anything whatever has been said upon the subject it was simply to have thought the principle is a wrong Qne to select out one particular the effect that our Army and Navy officers, having no fixed place of soldier and give him promotion and distinction while there are thou­ residence in the country, have as a consequence no members of Con­ sands of other men who were as gallant and as meritorious who are gress to whom they can apply for the appointment of their sons to these left uncared-for, unrewarded, and neglected. positions. As to the soldiers, they are all over the country; they are Let us see exactly how this matter stands. If I understand the po­ in our Congressional districts; their sons are eligible to appointment sition of this gentleman, he was taken by the Government when a boy, from the Congressional districts, and consequently their interests are educated at its expenSe at the Military Academy at West Point, selected looked after by their Representatives. out because he happened to be one of the favored few to be educated at Mr. JOHNSTON, of Indiana. That applies I presume only to the the expense of the General Government, graduated at that military in­ appointments to be made by the Executive, not to those which are made stitution, and then entered the service as an officer of the regular Army. by members of Congress. He served in that capacity, adopting a service of his own choosing, until Mr. SPRINGER. As I understand it, the gentleman has reference now he was old enough to go upon the retired-list. Now this bill proposes to the twelve who are to be appointed at large. This class of appoint­ to give him a rank upon the retired-list which he did not have while he ments was intended for the benefit of the officers of the .Army and the was on duty in the service; a distinction this House would not confer other citizens who have no fixed abodes, and who consequently can not on any volunteer officer of the Army, I do not care how gallant or how have their sons appointed through the members of Congress. ·meritorious he may have been. Mr. JOHNSTON, of Indiana. As a matter of fact is it not true that But, sir, I object to it for a further reason; and I will object to it al­ he did appoint sons of the regular officers of the Army? though I do not know whether there is another member on my side of Mr. SPRINGER. That list was intended expressly for that purpose. the House who will agree with me. I see by the public prints the .As I have said, it applies to the sons of officers of the regular Army and President of the United States has decided that in making.appoint­ officers of the Navy who have no fixed pla-ce of abode in the Congres­ ments to the l\Iilitary Aca-demy at WestPoint and to the NavalAcad­ sional districts, and also to citizens of the District of Columbia for in­ emy at Annapolis he will prefer the sons of officers of the regular Army stance, who can not get any such appointments from the Congressional and Navy over the sons of the private soldiers who carried the flag and districts because they have no representation or no representatives saved their country. For one I do not believe that principle is a right through whom they can be appointed. The gentleman knows, of course, one. I do not believe because a boy happens to be the son of a man that before such appointments can be made the applicant must swear who was educated at the expense of the Government at West Point or that he has been a resident of the district from which he is appointed the Naval Academy he should have preference in being selected to go for at least twelve months preceding the date of the appointment. to one of these institutioll.S over the son of a private soldier or sailor Therefore if it wa8 not for this list the sons of the Army officers and citi­ who may have been more meritorious and braver. zens of the District of Columbia would be deprived of the possibility Now, sir, this billleadsrightalong in that same channel, that because of sending their sons to the academy.

( 1886. CONGRESSIONAL RECORD-HOUSE. 2549

Mr. JOHNSTON, of Indiana. Can not the son of a regular Army The CHAIRMAN. The gentleman from Wisconsin [Mr. PRICE] officer enter if he is successful in his competition for the place just ns has fifteen minutes remaining. well &a any other boy? ])fr. PRICE. I shall reserve that time until the gentleman from AJa. Mr. SPRINGER. He can, of course; but not unless he has been a bama [Mr. WHEELER] shall have occupied his time. resident of the locality for the time fifed. The gentleman will observe, Mr. WHEELER. I understand the chairman of the Committee on when he get.c; authority to make n.n appointment of a boy, that the fact Military A.:ffairs desires to take an hour in his own right. that he has been a resident of his district for the twelve months im­ Mr. REED, of Maine. If no one else takes the floor at this time, I mediately preceding will be a prerequisite. desire to make some remarks. Mr. JOHNSTON, of Indiana. But he has got a home somewhere. The CHAIRMAN. The gentleman from Maine is recognized. Mr. ROGERS. No; not within the terms of the law making these Mr. REED, ofMaine. Ithinkthereisenonghin this bill in its phrase­ appointments. This implies citizenship. ology and its peculiar characteristics to awaken the attention of the Mr. McMILLIN. Mr. Chairman, there was a bill introduced in the House, not merely to this bill, which is perhaps of itself of little con­ last Congress for the purpose of bestowing the benefaction that is in­ sequence, but to the whole class of bills of like character, and to the tended by this bill upon Colonel Hunt by name. That bill failed to kind of business to which the House is invited. Here is a bill which become a law. This bill seeks to accomplish the same result in a dif­ when it was originally introduced specified the name of the individual ferent way. In the title of the bill, as it has been read, his name does who has been the subject of discussion in the House. It is evident not appear as the beneficiary; but the object of the bill is the same. that careful consideration has induced his friends to abandon that form We find that the opening sentence of the report is as follows: of bill. And why? Because the Constitution of the United States de­ We find that the only officer in the Army who can be affected by the bill is clares that all officers, with certain exceptions, shall be appointed by the Col. and Bvt.l\Iaj. Gen. Henry J. Hunt. President of the United States, and not by the legislative branch of the The question is whether the House is ready to enter upon this species Government. This bill, therefore, was changed because the other form of class legislation for the benefit of individuals. It is not claimed that of bill, which was like ~be Fitz-John Porter bill, was unconstitutional. General Hunt did not obtain the rank he earned in the line of his sol­ Now, how does it treat the situation? There are four descriptions of dierly action during the war. It is not claimed so far as I can see that the officer who is to receive the honor of Presidential selection. First, any discrimination was made against him during the war. This bill he must be on the retired-list; second, he must have been chief of ar­ was here and was discussed in the last Congress, and it was stated in tillery in one of the large armies of the United States; third, he must the debate that took place, which I will not take the time of the House have held an artillery commission for forty years; and last, he must to recur to and read-it was stated very specifically that he chose this have been retired with the rank of major-general and the thanks of line in preference to any other. And who would not rather be the chief Congress. What does that mean? It means General Hunt. This, as of the artillery division of the great Army thn.t the Government of the a gentleman has observed in familiar phraseology, this is "whipping United Sta.tes mustered than be in a subordinate pla-ce with even a the devil around a stump;'' but it is a confession that there is a stump. little higher rank? He chose his place. It is an admission that this is an attempt on the part of the legislative In the last Congress one of the foundations on which the claim was branch to usurp the powers of the executive-a thing not to be desired proposed to be rested was that this officer had spent large sums of money nowadays. If we discard this kind of legislation, when presented di­ in the entertainment of those who had come into con toot with him dur­ rectly, as_unconstitutional, why should we pass upon it when it is pre­ ing the war. It has been found by experience that that is not a good sented in the guise of a fraud? Does an unconstitutional act become basis upon which to rest a claim looking for an appropriation from the any better on account of a fraudulent evasion of the Constitution? Treasury. Why, see the field of honest endeavor that is opened to this Honse by The question here is, Shall we enter upon this legislation? What a bill of this kind. We are to take charge of _the distribution of re­ demand is there for it? What excuse is there for it? Have we not wards among Army officers in a w2.r that had its last throes more than tens of thousands of men in this country who· fought as valiantly as twenty ye.:·us ago; we are to adj~dicate upon all the claims of favor, Colonel Hunt did? And in making that comparison I am not proposing upon the jealousies, upon the personal pride, upon the personal hopes, to be invidious, for that he was brave, that he was efficient, that he had of the officers of the armies that·participated in the last war. Are you all the ability necessary to discharge all the duties that devolved upon prepared to undertake that? Think of the time and the eloquence and him, I not only admit, but state with pride and to his credit. But if the maps that were spent upon the case of one man at the beginning we begin here where is the practice to stop? Where are we to draw of this session. Think of the time of the public that was wasted be­ the line? We legislate for General Hunt to-day. General somebody else cause that question was forced upon u.s. Are we to have these things will come to-morrow. It is true the time fixed in this bill is after forty forced upon us day after day? If they are presented and presented years of service. But who can tell that next year it will not be thirty with any considerable force we must debate them. Is it not worth years of service; that the year following it will not be twenty years; while to give measures of this kind, by our vote to-day, such a quietus and that in place of Congress devoting its time to the public measures that we need be troubled with them no more? to meet evils and wants that cry loudly for remedy and for relief, our We have a docket encumbered beyond parallel with business that time will be frittered away in considering special cases that are of a legitimately belongs to us under the Constitution. Do we want to add questionable propriety, and establishing precedents that can result in to it a long list of cases like this, of which we have no constitutional injury and injury only? control whatever? I have not the pleasure of a personal a-cquaintance with Geneml Mr. SPRINGER. I would like to ask the gentleman from Maine a Hunt. I have no feeling in the matter save to do what is best in leg­ question. islation; and in doing that we must remember that the action of to-day The CHAIRMAN. Does the gentleman from Maine yield? becomes the precedent of to-morrow, n.nd the custom of times following. M:r. REED, of Maine. With the greatest pleasure. Now, is there sufficient excuse for this? Is it claimed by any mem­ Mr. SPRINGER. I wish to ask the gentleman whether there is any ber that the salary which this officer gets as a colonel is not sufficient difference between the bill for the relief of Fitz-John Porter, which he to sustain him? No man will be rash enough to B!l.Y that. If Ire­ pronounces unconstitutional, and the case of General Grant. member correctly Colonel Hunt gets over $3,000, without any expense Mr. REED, of Maine. I think so. or cost entailed on him by his position except that of his own living Mr. SPRINGER. Will the gentleman state what the difference is? and without any duties to perform. What is the reason for this in­ Mr. REED, of Maine. Oh, no. I am not giving instruction in le,o-al crease? Why should we go into this class of legislation? It must be distinctions to the gentlem~n from Dlinois. It would be absolutely im­ remembered that to-day he gets more than three-fourths of the gover­ possible for me. I should have to start from the ground. [Laughter.] nors of the States receive, notwithstanding that they have multiform Mr. SPRINGER. Yes. I thinkitwould be impossible forthegen­ duties and many kinds of expenses to meet out of their salaries. tleman to point out the difference, for there is none, so far as the power I would be slow to do injustice to any man. But I do not think it of Congress is concerned. is injll:Stice to let one American citizen, protected by the laws and the Mr. LAIRD. Mr. Chairman, there are some questions of fact in­ Constitution of his country, take the same fate that falls to the lot volved in this matter to which I wish to address myself. The distin­ of all the other citizens. It is not simply the amount of money in­ guished gentleman from Maine [Mr. REED] presents an issue of law, volved in the bill. It is not simply the elevation of this officer to a and he supports it by the fact that a like attempted encroachment upon different rank. But it is the class legislation, taking one citizen that the powers of the Executive has recently been met with a striking re­ has no more bmvery than another, no more claims upon the Govern­ buke. Well, Mr. Chairman, from. my standpoint, and possibly from the ment than any other man who sacrificed his health and his life for the standpoint of the distinguished gentleman from Maine, the American good of his country, and elevating that one man. It taxes the hum­ Congress is about as competent to exercise both the legislative and ex­ ble man who earns but $150 a year to pay this man more than $5,000 ecutive functions as the gentleman at the other end of the A venue [laugh­ a year. There is no justice in it. It is not demanded in the inter· ter], at least I will answer for my share of the responsibility. But to est of wise legislation. No precedent can be claimed lor it; and I the question of fact. I had not intended to say anything about this, insist, Mr. Chairman, that this soldier will evince the highest type of because I am not particularly anxious to inflict myself upon the House, patriotism and of that manliness which. is of the very essence of good but I understand something of_ the facts from personal knowledge, ai\d citizenship by taking the same lot that is given to all citizens by that if General Hunt, the old chief of artillery of the Army of the Potomac, flag and by our common Constitution and common laws, and living con­ is to go down in this House to-day, I want the honor of going down tentedly under them. with him. 2550 CONGRESSIONAL RECORD-HOUSE. MARCH 19,

General Hunt, tomypersonal knowledge, is as poor as Lazarus and he MESSAGE FROM THE SE...,ATE. is as proud as Lucifer. I do not believe that for all the rewards that can The committee rose informally, when a message from _:the Senate, by come to him by virtue of your favorable action upon this bill he would Ur. SYMPSON, one of its clerks, announced that the Senate had passed submit himself for a moment to the sneers and reflections of the gen­ the bill (S .. 812) granting a pension to ?tlrs. E. A. Benham; in which tlemen upon tllis side of the Honse. I trust that if we discuss him at the concurrence of the House was requested. all we shall discuss him respectfully, as becomes us in the case of a man The me...."Sage also announced that the Senate insisted on its amend­ of whom it C..'\n without question be said that he stood at the head of ments disagreed to by the House to the bill {H. R. 5M4) to amend sec­ the most conspicuous branch of our military service and earned a right tion 304 of the Revised Statutes of the United States; agreed to the to the title that was bestowed upon the knight of old-that of being conference asked by the House on the disagreeing votes of the two without fear and without reproach. And as he was then he is now and Houses, and had appointed as conferees on the part of the Senate Mr. will be forever. MORRILL, Mr. ALLrso~, and Mr. McPIIERSON. My friend from Kansas [Mr. PETERS] finds in the fact that General The message also announced that the Senate had passed with amend­ Hunt, then commanding the artillery of the Army of the Potomac, re­ ments, in which the concurrence of the Honse was requested, the bill fused to accept promotion a grievous fault. I admit, sir, that therein (H. R. 1151) authorizing the President of the United States to appoint General Hunt sinned against the judgment of the gentleman from Kan­ Lieut. William P. llandall a lieutenant-commander on the retired-list sas-a judgment formed a quarter of a century after the fact. I aQ.mit of the Navy. that therein he may have sinned against the judgment of some gentle­ The message further n.nnounced that the Senate hn.d p:t ed without men who were conspicuous in the pursuits of peace during the four amendment bills of the following titles: years of war when this ma.n commanded a conspicuous arm of your A bill (H. R. 1008) for the relief of Victor Beauboucber; service. A bill (H. R. 1319) to increase the pension of Robert D. Fort; I apprehend, ?tfr. Chairman, tha.t some of us might not be so round A bill (H. R. 1625) for the relief of Fmnces MeNell Potter; and and fat and sleek and mighty physically, shining like the shield of A bill (H. R. 2021) granting a pension to Margaret A. Blake. Achilles to-day, if we had undergone even a part of the vicissitudes of The message also announced that the Senate had passed bills of the war which fell to the lot of General Hunt. following titles; in which the concurrence of the House was requested: General Hunt, for the good of the service of his country, saw fit n.t A bill (S. 13-) granting a pension to Mary A. Tibbets; that time to make himself an example of self-sacrifice. Does it become A bill {S. 197) to increase the pension of Florence Murray; the American Congress to forget that in twenty-five years? General A bill (S. 226) granting a pension to Margaret D. Marchand; Hunt, at the head of your a.rtillery service at the battle of Gettysburg, A bill~S. 231) granting a pension to Jennette S~ Kent; so massed his batteries upon Cemetery Ridge and so managed his A bill S. 276) granting a pension to Philip C. Enders; branch of the service that Pickett's splendid charge broke harmlessly, A bill S. 283) granting a pension to Isaac N. M:inshall; bloody wave on top of bloody wave, against the foot of Cemetery Ridge, A bill (S. 284l granting a pension to Margaret B. Harwood; where Hunt's artillery stoOd. The sagacity of that officer upon that A bill (S. 362 granting a pension to James IT. King; field-a field which chiseled the faces of brave men with terror, and A bill (S. 364 granting a pension to Nancy Battorff; which, when night closed, was strewn with the bodies of eighty thou­ A bill (S. 387) to define the status and for the relief of the heirs or sand mangled men-the sagacity of that officer upon that fi.eld in re­ legal representatives of certain recruits for the Fourteenth Kansas Cav­ serving his ammunition for the confederate infantry may have made it alry Volunteers who were killed at Lawrence, Kans., August 21,1863, possible for the flag of the Union to float in peace above this Capitol by guerrillas; to-day. A bill (S. 475) granting a pension to ~Irs. Bridget Rush; Does it become the American Congress in the course of twenty-five A bill ~S. 570) for the relief of J abez Burchard~ yearstoforgetthis? Mr. Chairman, Isnbmitthereisthisequity. Gen­ A bill S. 674) granting a pension to Mrs. Ellen ?tL Mitchell; eral Hunt was willing to sacrifice himself to the demands of the serv­ A bill S. 683) granting a pension to Henry 0. Hill; ice, and to the demands of a country then in extre~nis, and admitting A bill (S. 721) to establish a national live-stock highway, and to pro- this, shall we forget the mighty equity which springs from his brave mote commerce in live stock between the States; sacrifice? So far as I am concerned, I speak as one of the people sup­ A bill~S. 761) grantingapension to William Webster; posed to be opposed to this kind of legislation, for I belonged to the A bill S. 811) granting a pension to Mrs. Susan Gilman; class of " mndsills" of the Army; and I believe my record will show A bill S. 813) granting a pension to l\fiss Rebecca Miller; that on every occasion where the opportunity has offered I have voted A bill (S. 814) granting a pension to Mrs. Adaline M. Putnam; for that infamous class legislation called the pla-cing of private soldiers A bill· (S. 1125) granting a pension to Noah Nelson; upon the pension-roll. Am I thereby estopped from paying a proper A bill (S. 1363) granting a pension to William Blanchard; and tribute to the self-sacrificing leader when he is presented in his own A bill (S. 1377) to grant the right of way for railroad purposes through proper person? the lands of the United States powder depot near Dover, N. J., to the Mr. Chairman, I wish to say a word for the private soldiers (and as Morris County Railroad Company. the Irish pilot said about the rocks in NewYorkHarborwhen his ship struck, I was one of them), that I think if they were here to listen to COL. HENRY J. HUNT. the expression of extraordinary solicitude for their rights and interests The Committee of the Whole House on the Private Calendar resumed on the part of certain gentlemen-a solicitude which exhibits itself in its ession. a disposition to condemn all recognition of the leader, they would dis­ Mr. LAIRD. Ur. Chairman-- pose of such professions much less respectfully than the gentleman Mr. SPRINGER. Wouldit be agreeable tothegentleman fromNe­ now addressing the House is compelled to do. In view of the tender braaka [Mr. LAmn] to yield now for a. motion that the committee regard for one another's feelings which is enforced by the rules of the rise, retaining his right to the floor when this subject is resumed? I Honse I leave it to the imagination of the gentlemen to determine do not think we shall have time to pass all the bills whtch have been without restraint of rule the literal exactions of tha.t estimate. laid aside for a favorable report if this discussion continues. l\Ir. WARNER, of Missouri. Will the gentleman. allow me to ask Ur. LAIRD. Is the course suggested bythegentlemanfromlliinois him one question for information? As he is a member of the Commit­ [Mr. SPRINGER] agreeable to the gentleman from Alabama [Mr. tee on Military Affairs, I would like him to state what is the pay now 'VHEELEB.]? being received by Colonel Hunt as a retired officer? Mr. WHEELER. It is. Mr. LAIRD. I am frank to answer that I do not know. It is not ~1r. LAIRD. Then I will yield for the motion that the committee a question of dollars and cents. rise. Of course it is understood that I retain my right to the floor. Mr. BRAGG. I will answer. It is $2,625. The CHAIRMAN. When the consideration of this bill is resumed, ~1r. STEELE. I think the chairman of the Committee on :Military the gentlemn.n from Nebraska [Mr. L.A.IRD] will be entitled to the !loor. Affairs [Mr. BRAGG] is mistaken. Probably he does not count in the ~1r. SPRINGER. I move that the committee rise. longevity pay. The motion was agreed to. Mr. BRAGG. After five years' retired-pay the longevity-pay com­ The cominittee accordingly rose; and Mr. CRISP having resumed the mences, and is estimated on the retired-pay proper, the officer drawing chair n.s Speaker pto tempore, Mr. HA.Tcn reported that the Committee after five years' servicelO percent., aftertenyears~service20per cent., of the Whole House, having had under consideration the Private Calen­ and so on. dar, had directed him to report sundry bills with 'Various recommenda­ ~Ir. STEELE. I thirik a colonel after twenty years' service gets tions. $4,500, and when retired gets three-fourths of that amount. BILLS PASSED. Mr. BRA.GG. I have the official Army pay-roll before me. Bills of the following titles, reported from the Committee ofthe Whole Mr. STEELE. What, then, is the pay of a colonel after twenty House on the Private Calendar, were severally ordered to be ·engrossed years' service? and read a third time; and being engrossed, they were accordingly read l\Ir. BRAGG. The pay of a colonel on the retired-list is $2,625. the third time, and passed: Ur. STEELE. What is the pay of a colonel after twenty years' serv­ A bill (H. R. 33) for the relief of Alexander K. Shepard; ice? A bill (H. R. 4836) for the relief of Thomas ·McBride; The CHAIRMAN. Gentlemen will suspend their remarks. The A. bill (H. R. 4839) for the relief of E. P. McNeal; Committee of the Whole will rise informally to receive a message from A bill (H. R. 1905) for the relief of Theodore W. Tallmadge; the Senate A bill (H. R. 2935) for the relief of James Price; and 1886. OONGJtESSIONAL REOORD-HOUSE. 2551

A bill (II. R. 2995) for the relief of Francis H. Shaw. Mr. CLARDY. I demand the previous question upon the resolution Amendments to bills of the following titles were severally agreed to, and also upon the substitute if that be held in order. and the bills as amended were ordered to be engrossed andread a third Mr. BUCHANAN. I ask that it be read. time; and being engrossed, they were accordingly read the third time, The SPEAKER pro tempore. The Clerk will read. and passed: The Clerk read as follows: A bill (H. R. 898) for the relief of the estate of Joel C. Frazier, de­ _ Re.solved That Saturday, AprillO, immediately after the morning hour, be set ceased; and apa.rt for the consideration of bills reported from the Committee on Commerce A bill (H. R. 2066) for the relief of Alfred McMurtrie; other than the Eads ship-railroad bill and the bill for regulation of interstate commerce. An amendment to an act (S. 416) for the relief of J. M. Lobban, was agreed to, and the bill as amended was ordered to a third reading; and Mr. BUCHANAN. But the orie.o:inal. resolution was by motion of it was accordingly read the third time, and passed. the gentleman who offered it modified. I thereupon asked that the J. D. MORRISON. modified resolution be reported to the House in order to ascertain what it was upon which we were called to vote. It has not yet been A bill (H. R. 5187) for the relief of J. D. Morrison, surviving part­ read from the desk. ner of C. U. & J. D. Morrison, was laid on the table, and, on motion of The SPEAKER pro tempore. The Clerk will report the resolution Mr. TucKER, by unanimous consent, the Committee on Claims was dis­ of the gentleman from Missouri as now modified. charged from the further consideration of the bill (S. 353) for the relief The Clerk read as follows: ofJ. D. Morrison, surviving partnerofC. M. &J.D. Morrison; which to a .Resolt:ed, That Saturday, AprillO, after the reading of the Journal, be set apart wa.s ordered third reading, wa.s accordingly read the third time, and Cor the consideration of bills authorizing the construction of bridges across navi· passed. gable rivers, the establishment of light-houses, and bills reL'lting to the Life-Sav­ MRS. LIZZIE D. CLARKE. ing Service reported from the Committee on Commerce. The bill (H. R. 958) for the relief of Mrs. Lizzie D. Clarke was laid Mr. CLARDY. On that I demand the previous que.:.--tion. on the table; and the bill (S. 32) for the relief of Mrs. Lizzie D. Clarke, Mr. ROGERS. Let me ask, Mr. Speaker, how does the other propo­ of New Orleans, was ordered to a third reading, was accordingly read sition come before the House? the third time, and passed. The SPEAKER pro tempore. The Chair submitted the request of the Mr. SPRINGER moved to reconsider the several votes just taken; gentleman from Missouri [?tfr. CLARDY] for unanimous consent for the and also moved that the motion to reconsider be laid on the table. consideration of the resolution which has just been read. The Chair The latter motion wa.s agreed to. - asked if there was objection and no objection was ma-de. The subject ORDER OF BUSINESS. was then before the House for action. The gentleman from Illinois Mr. SPRINGER. Some pension bills reported from the Committee [Mr. DUNHAM] then moved as a substitute for the original resolution of of the Whole House on the Private Calendar remain over and I presume the gentleman from Missouri that which has been read. come up now as unfinished business. Is it not in order to dispose of :Mr. ROGERS. 'Has that been withdrawn? those pension cases coming over from last week? The SPEAKER pro tempore. It has not been withdrawn, as the The SPEAKER pro tempo1·e. .As the Chair understands the action Chair understands. The gentleman from Missouri now moves the pre­ taken at the preceding night session on these bills they are not in order vious question upon the resolution and the substitute. and will not be until at a night session their consideration has been re­ Mr. ROGERS. I want to give notice, Mr. Speaker, that we can not sumed. The Chair is informed the matter has been in-vestigated by the pass that resolution without a quorum of the House. Speaker ofthe House and he has come to that conclusion; that is, that Mr. RANDALL. I would like to ask the gentleman from Missouri until further order is taken at a night session they can only be consid­ to indicate specifically to the House what character of bills is embraced ered at a night session. in that resolution? Mr. CLARDY. The resolution specifies the bills. THE COMl\IITTEE OY COMMERCE. Mr. REAGAN. I think ifthe House understood the resolution which Mr. CLARDY. I am directed by the Committee on Commerce to was offered by the gentleman from Missouri there would be no opposi­ a.sk for present action on the following resolution. tion to it. The Committee on Commerce has reported a large number The Clerk read as follows: Qfbridge ~d light-house bills and bills of that character, which mem­ &solved, That Saturday;AprillO, after the reading of the J ourna.l, be set apart bers are especially inlierested in having some disposition made of, and Cor the consideration of resolutions authorizing the construction of bridges across navigable rivers, the establishment ;of light-houses and ports of entry, which are not likely to lead to any contest on the floor of the House. and bills relating to the Life-Saving Service reported from the Committee on The object of the Committee on Commerce, and its whole object, is sim­ Commerce. ply to get a day set apart so as to enable us to get them before the House The SPEAKER pro tempore. Is there objection to the present con­ and acted upon in accordance with the wishes of many of the members sideration of the resolution? of the House. I will state that it is not our purpose, and we do not pro­ Mr. HOLMAN. I have no objection to the first and last series of pose to introduce any bill that will be controverted. - bills mentioned, but as to the others it seems to me there is nothing Mr. McADOO. Let me ask the gentleman from Texas if it is the of a pressing character in them. Let the resolution be again read. intention ofthe committee under that resolution to cull up the bill to The resolution was again read. bridge the Arthur Kill; for if it is, I can tell him that there will be a Mr. HOLMAN. Ports of entry should come up in the regular way; very decided contest over it. but I have no objection to the others. Mr. REAGAN. It is not the purpose to call up any bills which Mr. CLARDY. I will modify the resolution in that respect by strik­ would lead to a contest. ing out the words "ports of entry." Mr. BUCHANAN. It is important to understand exactly what bills The SPEAKER pro tempore. Is there objection to the present con­ the gentleman proposes to call up before such consent can be given. sideration of the resolution as modified? The Chair hears no objection, The SPEAKER pro tempore. The previous question has been ordered, and the resolution is before the House. and debate is not in order. Mr. DUNHAM. I offer the following substitute for the resolution. The previous question was ordered. l\lr. COWLES, of North Carolina. I object to the resoluti"On. Mr. DUNHAM:. Mr. Speaker, I rise to a parliamentary question. The SPEAKER pro tempore. It is too late. The SPEAKER pro tempore. The gentleman will state it. Mr. HOLMAN. I make the point of order against the proposed sub­ Mr. DUNHAM. Has the previous question been ordered on the pas­ stitute that whm·e unanimous consent has been given to a particular sage of the resolution and the amendment or simply upon the resolu­ measure a substitute can not be offered of an entirely different nature. tion? The SPEAKER pro tempore. When the question is before the House The SPEAKER pro tempore. It has been ordered upon the resolu­ for consideration byunanimousconsentit stands in thesameposition as tion and the amendment. if it came up in regular order, and it is subject to amendments which Mr. ROGERS. I wish to make a parliamentary inquiry. I want to are germane. know what the vote now about to be taken is on. Mr. HOLMAN. Unanimous consent was given only for the purpose The SPEAKER P'ro tempore. The Clerk will again report the sub­ of receiving and adopting the resolution introduced by the gentleman stitute offered by the gentleman from Illinois [Mr. DUNHAM] upon from Missouri [Mr. CLARDY]. which the vote is now to be taken. The SPEAKER pro tempore. Unanimous consent was granted for the The substitute was again read. introduction of the resolution for consideration, and as the Chair heard Mr. DUNHAM. If the House will allow me a moment I will ex­ no objection the resolution came before the House. plain the reason for offering that as a substitute. [Cries of "Regular Mr. DUNHAM. Let my amendment be read. order!"] · Mr. EDEN. I wish to give notice that it; when unanimous consent The SPEAKER pro tempore. The question is on agreeing to the sub­ is given to consider a resolution from a committee to set apart a day for stitute of the gentleman from Illinois. the consideration of a certain class of bills, the resolution is to be open The substitute was not agreed to. to all sorts of amendments, in the future unanimous consent will not The question :recurring on the adoption of the original resolution ot­ be given. -- fered by Mr. CLARDY, the House divided; and there were-ayes 52, The SPEAKER pro temp01·e. That is a matter exclusively for the noes 17. House to determine. The Chair bas no control over it whatever. M:r. DUNHAM, Mr. McADOO, and others. No quorn.m. 2552 CONGRESSIONAL RECORD-HOUSE. MARcH 19~

The SPEAKER pro tempore. The point of order being made that with the att-ending physician as to the cause of Captain Ritter's death, and that the doctor stated that he did not die of pneumonia; that the lnng trouble was no quorum has voted, the Chair will order tellers. not of sufficient extent to produce death but that he died of constitutional de­ Mr. CLABDY and Mr. DUNHAM were appointed tellers. bility resulting from his condition of long standing. John Crum testifies that ~1r. WISE. I move that the House take a recess in obedience to the he often heard Captain Ritt-er say that the chronic diarrhea would cau e his death; that he had no hope of recovery. Two Army surgeons also testify to order of the House for Friday evening sessions. their treatment of him for the disease while in the service. The SPEAKER pro temJlore. The House is now dividing upon a The case was thoroughly investigated by two special examiners, who took question, the point of order being made that no quorum is present; and the testimony of some thirty witnesses, all of whom corroborate the evidence already recited. Both of the examiners expressed their belief that the case hence the motion for a recess is not in order. was meritorious. Mr. DUNHAM. Mr. Speaker, I have just been informed by mem­ The attending physician testified that the captain died from exhaustion, and bers of the Committee on Commerce that the gentleman from Missouri not from asphyxia. The evidence is overwhelming that the soldier contracted chronic diarrhea in the service; that he suffered with it until his death. 'Ihnt was instructed by the committee to offer this resolution to-day in the he had pneumonia during his last illness is not questioned, and the case was form in which he has presented it. I was unaware of that instruction rejected on the theory that the latter disease was the immediate cause of his by the committee, and not desiring to act against my own committee, death. The probabilities are that had he not been attacked with pneumonia he I withdraw the call for a quorum. would have lingered several days longer. It is equally probable that had he Mr. BUCHANAN. I renew it. never suffered with chronic diarrhea he would now be alive. The CHAIRMAN. The gentleman from Virginia will then take the Your committee are forced, from the testimony submitted, to the conclusion that the light attack of pneumonia would not have resulted in death had it not place of the gentleman from Illinois as one of the tellers. been for his enfeebled condition resulting from long years of suffering with Mr. CLARDY. I hope the gentleman will not insist upon that de­ the other disease, and therefore recommend the passage of the bill. mand in view of the statement made by the gentleman from Texas. There being no objection, the bill was laid aside to be reported to Mr. BUCHANAN. I withdraw it. the House with the recommendation that it do pass. So (no further count being demanded) the resolution of Mr. CLARDY . Mr. 1\fATSON. Mr. Chairman, that bill for the relief of 1\faria K. was adopted. Ritter was passed over informally at the last Friday evening session at Mr. HATCH moved to reconsider the vote by which the resolution the request of Mr. MORRILL, of Kansas, who thought the case would was adopted; and also moved that the motion to reconsider be laid on be allowed in the Pension Office. He is not here at present, but I think the table. the bill had better be passed over. The latter motion was agreed to. The CHAIRMAN. If there be no objection, the order just made PILOT .AGE. will be reconsidered, and the bill will retain its place upon the Calen- Mr. HAMMOND submitted the views of the minority on the bill (H. dar. · · R. 6390) to abolish compulsory pilotage as to American sailing vessels; There was no objection, and it was so ordered. which was ordered to be printed With the views of the majority. ISABELLA .J. RAMSDELL. And then, on motion of Mr. SPRINGER (at 4 o'clock and 47 minutes The next business on the Private Calendar was the bill (H. R. 5022) p.m.), the House took a recess until7.30 p. m. increasing the pension of Isabella J. Ramsdell. The bill was read, as follows: EVENING SESSION. Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to increase the rate of pension of Isabella J. Ramsdell, The recess having expired, the House reassembled at 7.30 p. xq.. widow of David D. Ramsdell, who for over thirty years was a marine in the The SPEAKER pro tempore (Mr. CRISP). The Clerk will report the United States service, to S30 per month, and that the same begin at the death of her said husband, deducting therefrom the amount she has received under act special order under which the House meets this evening. of Congress approved .July 1,1884. The Clerk read the order, as follows: Resolved, That on each Friday the House shall take !\recess from 5 o'clock p. :Mr. MATSON. That bill was pretty fully discussed at a former even­ m. until 7.30 p.m., at which evening sessions private bills granting pensions ing session, and I ask that it be now passed over informally. 1·eported from the Committee on Invalid Pensions and the Committee on 1\fr. JAMES. Mr. Chairman, I was not present at the session when Pensions, and bills reported from the .Judiciary Committee to remove political disabilities only, be considered. this bill was discussed. I would like to have some action taken on the bill, and I am prepared to make a sta.tement of the faets, if the com­ Mr. :MATSON. 1\fr. Speaker, I move that the House now resolve mittee desire. itself into Committee of the Whole for the consideration of business Mr. 1\IATSON. There is no objection to hearing the gentleman's under the special order just read. statement. The motion was agreed to. Mr. JAMES. Mrs. Ramsdell made application for a pension in the The House accordingly resolved itself into Committee of the Whole Forty-sixth Congress, and a bill granting it passed both the House and on the Private Calendar, Mr. DoCKERY in the chair. the Senate; bnt, being passed on the last day of the session, it was The CHAIRMAN. The House is now in Committee of the Whole overlooked in some way and was not signed. In the Forty-seventh to consider bills upon the Private Calendar under the special order. Congress no action was taken in the case. In the Forty-eighth Con­ M.ARI.A. K. RITTER. gress I introduced a billgranting her apensionand itpassedtheHouse, with arrearages. When the bill went to the Senate the arrearages were The first business on the Private Calendar wa.s the bill (H. R. 5693) stricken out. Now. the facts of the case are these: This Mr. David D. for the relief of Maria K. Ritter. Ramsdell served thii-ty-two years in the marine service. He served in The bill was read, as follows: the Florida war, in the 1\fexican war, and on the coast of China, and B e it enacted, &c., That the Secretary of the Interior be, and hereby is, author­ ized and directed to place on the pension-roll, subject to the provisions and lim­ he also did some service in the war of the rebellion. His health, how­ itations of the pension laws, the name of Maria K. Ritter, of Ca.ss County, Mis­ ever, was completely broken down while he was in China.· From 1868, souri, widow of H. K. Ritter, deceased, late of Company F, One hundred and when he left the service, until1876, when, according to the statement eighty-fourth Regiment Pennsylvania Infantry. of this report, he went into the United States marine hospital at Phil­ The report (by Mr. 1\IoRRILL) is as follows: adelphia, he was cared for by his wife, and she exhausted the little The Committee on Invalid Pensions, to whom was referred the bill (H. R. private property which she had in her own name in supporting him 5693) for the relief of Maria K. Ritter, submit the following report: We find that Maria K. Ritter is the widow of Capt. Henry K. Ritter, of Com­ and caring for him. Then he went into the asylum, where he died in pany H, One hundred and eighty-fourth Pennsylvania Volunteers, who enlisted 1877. From 1877 until this time Mrs. Ramsdell has been entirely de­ May 12.1864, and was discharged July 14,1865. June 3, 1864, at the battle of Cold pendent upon the benevolent people about her, except in so far as she Harbor, Va., he received a gunshot wound in the left hand, rendering his hand, as the report made at the time says, comparat.ively useless. In .August, 1865, he is supported by the pension, which she began to draw a little over a applied for a pension, which was allowed, and received by him until his death in year ago. 1879. The case is one of peculiar merit from the fact of the great length of It is alleged that during his service be contracted chronic diarrhea, which, it is claimed, was the cause of his death. The hospital record shows that March service of l\1r. Ramsdell. As I have stated, he served thirty-two years 31,1865, he was" sick in quarters with diarrhea;" Aprill2, "in hospital with and·was broken down in the service, and his wife was broken down in diarrhea;" .June 1 to 8, "in quarters, no diagnosis;" .June 26, "sick with di­ caring for him after he became disabled, so that she is now dependent arrhea." The examining board at Pleasant Hill, Cass County,l\lissouri, report in .July, 1874, that partial paralysis of the arm had resulted from the gunshot upon the benevolence of her friends. Besides, she has an invalid daugh­ wound. ter whom she has to support, and a young son who earns $3 a week. Albert .J. Briggs testifies to an intimate acquaintance with the soldier from That is the extent of her income. Possibly the bill carries more than 1866 until his death; that during all that time he suffered from chronic diarrhea; that about ten days before his death he had a severe attack and was much de­ it ought to carry, and I am willing that it shall be amended ·so as to bilitated and weakened by it. Saw him several times during his last illness and satisfy the views of the House. conversed with the attendants, and believes that chronic diarrhea was the princi­ The CHAIRMAN. The Chair will inform the gentleman from New pal cause of his death. Sa muel Perry testifies to an acquaintance from 1870, and during all the time he York that there is an amendment pending which was offered by the wa~ troubled with that disease; tha~ he saw him quite often before he was taken gentleman from TennesSee (1\ir.l\fcMILLIN]. The amendment will be with fever, and that he knows he was hardly able to leave his bed on account of reported by the Clerk. chronic diarrhea; was hisnurseduring his last illness, and that he suffered ter­ ribly with that complaint.. G. F. Whitman testifies tbathewasa near neighbor The Clerk read as follows: and nurse, and fully corroborates the statements made by last witness. I. M. It is proposed to strike out the following: "And that the same begin at the App, as near neighbor and nurse, testifies to the same. 'fbis is also corroborated death of her said husband, deducting therefrom the amount she has received • by George W. Schuyler, another neighbor. The attending physician gave as under act of Congress approved .July 1, 1884;" so that the bill, if amended, will the cause of his death, pneumonia complicated with chronic diarrhea. read: Dr. E . E. Gilmore testifies that a few days after soldier's death be consulted "That the Secretary ofthe Interior be, and he is hereby, authorized and directed 1886. CONGRESSIONAL RECORD-HOUSE. 2553 to increase the rate of pension of Isabella J. Ramsdell, widow of David D. Rams­ the cOmmittee to allow the bill to retain its place on the Calendar with­ dell, who for over thirty years was a. marine in the United States service, to 330 per month." out prejudice. Mr. PERKINS. Might not that bill be embraced in tho arrange­ Mr. MATSON. Mr. Chairman, the facts just stated by the gentle­ ment we entered into a few minutes ago? man from New York [Mr. JAMES] are the same that were stated here the other night; at least I do not remember that he has stated any­ The CHAIRMAN. The Chair has stated the request of the gentle­ thing new. The proposition is to increase this widow's pension to $30 man from Missouri, and would prefer that that request should be ac­ per month on account of her own physical disability and of the long ceded to. service of her husband. That is an extraordinary proposition. There There being no objection, the bill was passed over without prejudice is another fact in the case which has been suggested to me, but which BETSEY MARTIN. the gentleman from New York omitted to state, namely, that this lady The next business on the Private Calendar was the bill (H. R. 4395) now receives a pension by favor of act of Congress, having been unable to grant a pension to Betsey Martin, reported by the Committee on to prove her claim in the Pension Office. It seems to me that we can Pensions. · not afford to make this kind of precedent, grading the pensions of The bill was read, as follows: widows by their own disabilities. I think it would be a dangerous Be it enacted, ~c., That the Secretary of the Interior be, and he is hereby, au­ precedent to establish. The question was very fully discussed the other thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Betsey :Martin, widow of Jesse Mar­ night, and I am willing that this bill shall take the course that other tin,late of Capt. John Wheatley's company of Vermont militia, in the wa.r of unusual bills have taken; that is, that it shall be reported to the House 1812 (her claim in the Pension Office wa.s numbered 2668), sa.id pension to com­ to be acted upon next Friday. I am willing to make an agreement mence from the date of the act of Congress granting pension to widows of sol­ after we get inoo the House that all these bills that are of an extraor­ diers who served in the war of 1812 with Great Britain. dinary character shall be acted upon in the day session next Friday, The committee recommended the following amendment: when we can have a full House, or at least a quorum of the House, to After the words" the war of 1812" strike out the following: vote on these extraordinary propositions. I make this suggestion in (Her claim in the Pension Office wa.s numbered 2668), said pension to com• the interest of the business of these Friday evening sessions. ~~~~~~~e~:3i~ Y!'et~~~~tf8fzo~f[:SU;:;:~~irifa.fn~nsion to widows of sol· Whenever it becomes apparent that those of us who see fit to come here on Friday night have undertaken to pass bills that are extraor­ The report (by Mr. ZACH, TAYLOR) is as follows: The Committee on Pensions, to whom was referred House bill No. 4395, recom­ dinary, that are innovations on the regular routine of pension business, mend that it pass as amended by the committee, which amendment is as follows: our Friday evening sessions will be endangered, because the House will Strike out all after the word" twelve," in the eighth line. be necessarily alarmed at this extension of the privilege granted under The amendment was adopted. tbe order. The bill as amended was laid aside to be reported to the House with The CHAIRMAN. Is there objection on the part of the gentleman the recommendation that it do pass. from New York [Air. JAMES] to the proposition of the gentleman from Indiana [Mr. !IATSON]? BENJAMIN DUBACH. Mr. JAMES. I do not care to object to it. The next business on the Private Calendar was the bill (H. R 704) The CHAIRMAN. Then, if there be no objection, the bill will go granting a pension to Benjamin Dubach; reported by the Committee to the House with a favorable recommendation, to be acted upon, as on Invalid Pensions. suggested by the gentleman from Indiana, next Friday. Thequestion The bill was read, as follows: is first on the ame.ndment of the gentleman from Tennessee [Mr. Mc- Be it enacted, &c., That the Secretary of the Interior be and he is hereby, di­ rected to place on the pension-roll the name of Benjamm1 Dubach, dependent MILLIN]. ' father of Adolph Dubach, deceased, late a private in Captain Fleming's com­ The amendment was agreed to. · pany, Tenth Kansas Volunteers, subject to the conditions and limitations of the The CHAIRMAN. The bill as amended will be laid aside to be re­ pension laws. ported to the House with the understanding stated by the gentleman The committee recommended the following amendment: from Indiana. In line6strikeoutthewords "Captain Fleming's company" and insert in lieu Mr. PETERS. I desire that the report in this case shall be printed thereof "Company K." in the RECORD, and also all other reports on bills acted upon this even­ The report (by Mr. MORRILL) is as follows: ing, whether they are read or not. The Committee on Invalid Pensions, to whom wa.s referred the bill (H. R. 704) The CHAIRMAN. The Chair will state to the gentleman from Kan- granting a pension to Benjamin Dubach, submit the following report: We find that <'laimant is the father of Adolph Dubach, who enlist~d in Company sas that the report in this case has already been printed in the RECORD. F, Fifth Regiment Kansas Volunteers, subsequently Company K. Tenth Kan­ Mr. PETERS. Then the order may be made as to the other reports. sas, August 12, 1861, and who died in service February 23,1862, of hemorrhage of The CHAIRMAN. If there be no objection, that order will be made. the lungs. The evidence submitted shows that the father was a. man of small means, carrying on a farm, in which he was aided and a.ssisted by his son, a. There was no objection. stout, robust boy of nearly eighteen years of age; that for a number of years the Mr. PERKINS. In order that there may be no misunderstanding, I father supported himself by his own labor. He is now past the allotted age of wish to inquire whether we can secure action upon this bill next Friday three-score years and ten, unable to work, penniless, and dependent for support upon relatives. - except by ordering the previous question? The law requires the father to prove that he was unable to support himself The CHAIRl\IAN. That is a matter rather to be determined when and was dependent upon the son at the time of the latter's death. This is not the committee rises and we get back into the House. claimed, as the father wa.s then a strong and hearty ma.n. He is now unable to perform manua.llabor, and is dependent. Congress has repeatedly decided, by Mr. PERKINS. I make the suggestion now whether we shall order the passage of similar acts, that present dependence, and not dependence at timo the previous question on these bills with the understanding that they of death of soldier, ought to govern in these cases. will not be called up until next Friday. · Your committee recommend the passage of the bill. The CHAIRMAN. The Chair believes that is the understanding. The amendment was adopted. MRS. LAURA HENTIG. The bill as amended was laid aside to be reported to the House with the recommendation that it do pass. - The next business on the Private Calendar was the bill (H. R. 2464) to increase the pension of :Mrs. LauraHentig; reported from the Com­ ELIZA A. WEEKS. mittee on Pensions. The next business on the Private Calendar was the bill (H. R. 2975) The bill was read, as follows: granting a pension to Eliza A. Weeks; reported by the Committee on Be it enacted, &:c., That the Secretary of the Interior be, a.nd he is hereby, au­ Pensions. thorized and directed to place on the pension-roll the name of Laura. Hentig, The bill was read, as follows: widow of Edmund C. Hentig, late a captain in the Sixth Cavalry, United States Be it macted, &:c., That the Secretary of the Interior be, and he is hereby, au­ Army, and to pay her a. pension a.t the rate of S50 per montb, in lieu of that now thorized and instructed to place on the pension-roll, subject to tbe provisions and allowed her. limitations of the pension laws, the name of Eliza. A. Weeks, widow of David P. The committee recommended the following amendment: Weeks, late a. private in Captain Crosby's company,Second United States Dra­ goons, and pay her a. pension of $12 per month. In line 7 strike out $50 and insert $30. The report (by Mr. ZACH. TAYLOR) is as follows: Mr. PERKINS. Let ·the report be read in that case. It is a little This case presents some strong reasons for an inc,rea.se oC pension, and we different from the usual cases. Itfixes the pension, without any amend­ recommend that the bill do pass, after having been amended by striking out ment by the committee, at $12 a month. "fift.y," in the seventh line, and inserting in place thereof "thirty." Mr. BRADY. That is the law now, so far as the action of this House The amendment was agreed to. is concerned. The bill as amended was laid aside to be reported to the House with The report {by Mr. THOMPSON) was read, as follows: a favorable recommendation. The Committee on Pensions, to whom was referred the bill (H. R. 29i5) grant­ ing a. pension to Eliza. A. Weeks, submit the following report: WILLIAM J. OWINGS. David P. Weeks was a member of Captain Ashby's company, Second United The next business on the Private Calendar was the bill (H. R. 4097) States Dragoons, and was wounded at the battle of Micanopy, Fla.., in June, 1836. The ball which wounded him struck near the base of the left; thumb, pass­ for th('l relief of William J. Owings, reported by Mr. Zach. Taylor, from ing the entire length of his a.rm, shattering the bone throughout, and entered the Committee on Pensions. his body near the armpit and is supposed to have lodged near the heart. The The bill was read. arm was amputated. He died suddenly of heart disease on the 4th da.y of Mayt. 1885, aged seventy-four years; and there isgTound to believe that the disease or The CHAIRMAN. The gentleman from Missouri who introduced which he died was induced by his wound. . that bill is absent, and requests the present occupant of the chair to ask Eliza A. Weeks, his widow, was married to him in 1838, a.nd lived with him 2554 CONGRESSIONAL RECORD-HOUSE. MARCH 19, until his death. During his lifetime he drew a pension of S30 per month. The The report (by Mr. WINANS) is as follows: bill provides a pension of 312 per month for hiS widow, and your committee reco=end its passage. The. Committc:e on Inv~~d Pensions, to whom was referred the bill H. R. 43!6) grantmg a pension to EliJah W. Putney, have had the same under consfdera­ 1tfr. PERKINS. As that is or will be in a few days the rate fixed in tion, and beg leave to submit the following report: . Putney enlis~-ed October 31, 1863, in Company I, Second 1\Iinn.esota C valry, the general law, I move that the following words be. stricken out: a.:nd served until mustered out, Novemb~r 22, 1865. He filed appllcation for pen· To pay her a. pension of $12 per month. s10~ November 8 1877, on account of p1les, alleged to have been contrn.cted in August, 1864. while1 on a long and fatiguing march on the plains of Dakota. The amendment was adopted. T~ere is ~o r~ord evidence of .the ori~in or existence of the disability in the The bill as amended was.laid aside to be reported to the Honse with serv1ce, ne1ther IS there any med1cal eVIdence of treatment therefor in service the recommendation that it do pass. or since. In support<>( the claim we find the affidavits of the captain and two conuades of the claimant as to origin, and tho e of four neighbors and three ROBERT H. ANDERSON. members of his family t{) show soundness at enlistment and existence of piles at discharge, and continuous disability therefrom ever since. The captain t ti­ The next business on the Private Calendar under the special order fies that during the latter part of his service claimant complained of piles but affiant can not remember to what extent be was affiicted. Comrades CatCl! and was the bill (S. 877) for the relief of Robert H. Anderson, of the State Bundy testify that claimant was first attacked with piles on the second march of Georgia; reported by the Committee on the Judiciary. of the command f1·om the l\Ii souri River to Fort Wadswort.h, and tbn.t there­ The bill was read, as follows: after he was excused from duty much of the time, ns he was wholly unfit for Be it enacted, &c., That Robert H. Anderson, of the State of Georgia., is hereby same: .JU?ants attr!bute the disability to long riding on horseback. relieved of all political disabilities imposed upon him by the 'third section of ~his claun was r~Jected by the Pen ion Office in 1881 on the ground of there bemg no reco!d e':I~ence at the ~ar Departm~nt of the allegeddisea e, and be­ the fourteenth amendment to the Constitution of the United States. cause. of the mability of the clrumant to furniSh medical evidence of it exist­ 'J'he report (by Mr. TucKER) is as follows: ence m the service or at date of his d ischarge. This action was approved by the Secretary of the Interior June 13 1833 In The Committee on the Judiciary respectfully recommend that the bill (S. 877) his letter of that date he says: ' · for the relief of Robert H. Andel'Son, of the State of Georgia., be passed by the "'l:here is evidence tending to prove prior souqdness. There is also evidence House of Representatives. tendmg to prove that appellant had piles in the service and at the time of his Mr. Robert H. Anderson's petition accompanies this report. The bill was laid aside to be reported to the House with the recom­ ~~lf::i~er on: mendation that it do pass. " The evidence considered together, while it tends to prove that the claimant suffered f~om piles while in the service, is not deemed to be sufficient to proye SILAS JAMES. tha~ the disease w~ contracted in the service or was due to his ai"my life." Smce the affirmatJon by the Department of the rejection of the claim the case The next business on the Private Calendar was the bill (H. R. 2793) hns been specially examined. The original witnesses, as well as a n~mber of grantinga pension to Silas James; reported bythe Committee on Inva­ o~her p~rsons. who have been intimately acquainted with claimant before and smce hiS se.rv1ce, have been .thoroughly .examined, and a. perusal of their testi­ lid Pensions. mo:ny convmces yourcomm1ttee thatcla1mantwas free from piles at time of his The bill was read, ~ follows: enlistment, and that from long marches he did contract this disease which has Be it enacted, dlc., That the Secretary of the Interior be, and he is hereby, au­ disabled him ever since. ' thorized and directed to place on the pension-roll, subject to the provisions N?twithsta~ding this cumula.tiye ::"nd corroborative testimony, the claim has and limitations of the pension laws, the name of Silas James, late of Company agam been reJected on grounds surular to those given in the original rejection. D, '£birteenth Regiment of l\Iichiga.n Volunteers. Your committee are of opinion that the evidence fully establi hes the merit of the claim in. spite of t?e ~bsenc:e of medical ev!dence,I_Uld being shown by the The report (by Mr. WL'lANS) is as follows: several med1cal exammatwns smco 1878 to be disabled m a pensionable de"'"ree The Committee on Invalid Pensions, to whom was referred the bill (H. R. 2793) believe claimant entitled to the relief asked for, and therefore report 1j vo~ly granting a pension to Silas James, have had the same under consideration, and on the bill, and ask: that it do pass. beg leave to submit the following report: . The bill was laid a-side to be reported to the House with the recom­ Silas James enlisted FebTuary 27, 1864, as priva-te in Company D, Thirteenth l\lichigan Volunteers, and was mustered out May 18, 1865. He applied for pen­ mendation that it do pass. sion on account of rnpture of both sides October 14, 1875, alleged to have been A. SCIIUYLER SUTTON. incurred while carrying timber for Government buildings at Chattanooga., Tenn., in April, 1864. The next business on the PrivateCalendarwas the bill (H. R 1.!)37) The records of the War Department show that claimant entered No.14 gen­ for increase of pension to .A. Schuyler Sutton. eral hospital, Nashville, Tenn., November 20,1864, with inguinal hernia, and that he remained under treatment therefor, at different hospitals, until Febru­ The bill was read, as follows: ary 28, 1865. Be. it en.acUJd,. dlc., That the Secretary of .the Interior. be, and he is hereby, au­ The case bas been in the hands of several special examiners to determine its thorized and directed to place on the penswn-roll, subject to the provisions and merits. By this examination it is shown beyond a doubt that claimant was limitations of the pension laws, the name of A. Schuyler Sutton, late acting lieu­ sound prior to and at date of his enlistment. From his own testimony it ap­ tenant-colonel of the Ninety-fifth Regiment of Ohio Volunteers, at the rate of peari'! that at the time of th~ injury he was one of a detail under command of $40 per month, in lieu of the pension he is now receiving, to take effect from Captain Slayton, of the reghpent employed in the erection of Government store­ and aner the passage of this act.. houses at Chattanooga, and that while assisting in carrying a heavy .\)ieee of timber it slipped and caught him a.cross the groin. Claimant had been m serv­ Mr. ELLSBERRY. Let the report be read. ice but a short time. The members of the company were nearly all strangers The report (by Mr. ELLSJ3ERRY) was read, as follows: tohim,and thosewho knewhim were notpresentat thetimeofthe injury; hence his inability to furnish the testimony of eye-witnesses. !he CoiJ?-mittee. on Invalid Pe~siGns, to whom was referred the bill (H.!R. Captain Slayton, upon being interviewed by the special examiner, failed tore­ 1937) grantmg an mcrease of pensiOn to A. Schuyler Sutton, submit the follow­ call the circumstances under which claimant received the alleged injury. He ing report: has since filed an affidavit in which he states that he has given the case consid­ A bill for the relief of this claimant passed the Senate in the Forty-cighth erable thought recently, and by correspondence has refreshed his memory suffi­ Congress, but failed consideration in the House. After considemtion your com­ ciently to state that he was present at claimant's examination at the enrolling· mittee adopted the printed report of the Senate Committee on Pensions Forty- office and knows that he was sound. and farther that he received an injury by eighth Congress, as follows: ' the rolling of a. heavy ;piece of timber while building Government warehouses "The Co=ittee on Pensions, to whom was refened the bill (H. R. 3370) to· at Chattanooga, forwh1chaffi.a.ntsenthim to regimental hospital. Understood at amend an act entitled '.An act granting a pension to A. Schuyler Sutton • np· the time that the injury was a rupture, but did not see it. Comrade Edwin Hen­ proved June 4, 1872, have examined the same, and report: ' derson testifies before the special examiner that he was not present at time of "This case was considered by this committee during the second se ion oUbe the incurrence of the disability, but saw thernpture about two weeks thereafter, Forty-seventh Congress, and a favorable report made thereon, which i quoted and that claimant then wore a double truss. in the report of th~ House committee (House Report No. 1212, Forty-eighth Comrade McConnell testitles that claimant was injured in someway while em­ Congress, first sesswn), as follows: ployed under Captain Slayton, but can not now recall the nature or extent of "'At the breaking out of the civil war .A. . Schuyler Sutton, who had seen honor­ the injury. Surgeon Goodale testifies that itr the spring of 1864 he fitted a able service during the war with l\Iexico, was an attorney-at-law in su~e . ful double truss on some one connected with the Engineer Brigade, but does notre­ ,p.:lCtice at Norwalk, Ohio. He enlisted as a private soldier in the Ninety-fifth member the name of the patient. Ohio, and having acquired a. knowledge of military tactics dul'in"' his former A number of claimant's comrades were interviewed by the several special ex­ service, greatly assisted in the organization, drill, and discipline" of the new aminers, but having had but little acquaintance with him for reasons heretofore regiment. There is satisfactory evidence that Sutton had received assurances stated, were unable to furnish additional information. from Governor Tod, of Ohio, that he should be commissioned as lieutenant­ Medical examinations show a condition of the inguinal region of left; side j u,IJ- colonel of the reg~ent. It is certain that he was acting in that capacity when, tifying a rating at one-half of total. - at the battle of Richmond, Ky., on or about August 30, 1862, he received the The case was returned to the Pension Office by Supervising Examiner Will­ wound for which he was originally pensioned. Owing to the fact that he hnd iams July 6, 1885, with the recommendation that the same be allowed. It was not been commissioned, the Pension Office rated him as a private soldier, n.nd rejected, however, bythe board of review, because the evidence was not deemed a~owed him a pension at f.he rate of $8 per month, which was subsequently sufficient to show origin of disability in the service. ratsed to $15. By an net of Congress, approved June 4,1872, his pension was in- Your committee are of opinion that it is shown beyond any reasonable doubt creased to $30 per month from that date. · that claimant was a sound man a.t enlistment; that during his service here­ " 'Your committee believe that it would be an act ofsimplejustice to this soldier ceived an injury which resulted in inguinal hernia, for which he was under to grant him a pension at this rate, dating from his discharge, deducting the treatment a considerable length of time, and.fuathe has been disabled therefrom amount received by him during the intervening period. His wound has had more or less ever since; and therefore report favorably on the bill, and ask that the effect of blasting his life. His jaws are so anchylosed ns to prevent the mas­ it do pass. tication of solid food. The senses of sight and hearing are much impaired, and he is a constant sufferer from violent facial neuralgia. Being unable to open The bill was laid aside to be reported to the House with the recom­ his mouth sufficiently, and by reason of disorganization of the soft and bony tis­ mendatio~ that it do pass. sues occasioned by the wound, he is unable to employ the ordinary means of cleanliness, and his breath is consequently horribly offensive. ELIJAH W. PUTNEY. " 'In the opinion of your committee the evidence in the ca e justifies the con­ clusion to which it has arrived "that the disability for w bich he is now pensioned The next business on the Private Calendar was the bill (H. R. 4346) existed at the time of his discnarge."1 We therefore report the bill back: to the granting a pension to Elijah W. Putney; reported by the Committee on House with the recommendation that it do pass, so amended that A. Schuyler Sutton be pensioned at the xate of $!0 per month from and after the passage of Invalid Pensions. this act.' The bill was read, as follows: "'This bill passed the House(Forty-seventh Congress) to date from passage of Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ the act, and passed the Senate with an amendment to date from l\Iarch 4, 1883. thorized and directed to place on the pension-roll, subject to the provisions and It was called up by the House for concurrence March 3, but on objection was limitations of the pension laws, the name of Elijah W. Putney,late of Company laid over, and failed to become a law.' I, Second Regiment of Minnesota Cavalry. "Your committee think it would be unwise to pass the bill as it came from the 1886. CONGRESSIONAL RECORD~HOUSE. 2555

House, allowing pension from March 4, 1883, and therefore recommend the pas­ he never once anticipated the dire result, and dearly has he paid the penalty. ~e of the bill with amendments, granting pension at $tO per month in lieu of He is a very poor man, and bears a good character in the community." pension of $30 heretofore allowed, and that su£h increase take effect only from It would seem that this claimant received this wound through no fault of his, the passage of this act." that he had violated no order, and that a pension should have been allowedh.im by the Depanment. If the Government accepts into service an insane man, it The bill was laid aside to be reported to the House with the recom­ ought to be held responsible fo.r the acts of that.miUl. mendation that it do pass. Your committee recommend the passage of the bill. ELIZABETH W .A.RYER. There being no objection, the bill was laid aside to be reported to the The n-ext business on the Private Calendar was th-e bill (H. R. 5729) House with a recommendation that it do pass. granting a pension to Elizabeth Warner. JAMES B. RUSSELL. The bill was read, a.c:; follows: The next business on the Private Calendar was the bill (H. R. 5692) Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ granting a pension to James B. Russell. thorized and directed to place the name of Elizabeth Warner, widow of Harri­ son Warner, late a corporal of Company G, One hundred and eighty-second The bill was read, as follows: Regiment Ohio Volunteers, on the pension-roll, subject to the provisions and Be it enacted, &c., That the Secretary of the Interior be, and he hereby is, di­ limitations of the pension laws. rected to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of James B. Russell, latefirstlieutenantofCompanyH. The report (by :l!Ir. ELLSBERRY) is as follows: Second Regiment East Tennessee Cavalry, and pay him a pension from an-d The Committee on Invalid Pensions, to whom was referred the bill (H. R. 5729) after the passage of this act. granting a pension to Elizabeth Warner, submit the following report: The report (by :llfr. MoRRILL) is as follows: We find that claimant is the widow of Harrison Warner, who was enrolled as a corporal on the 19th day of September, 1864., in Company G of the One hundred The Committee on In~alid Pensions, to whom was referred the bill (H. R 5692) and eighty-second Regiment Ohio Volunteers, and who was discharged there- · for the relief of James B Russell, submit the following report: from on the 7th day of July, 1865. That at the date of the death of said soldier, We find that claimant was first lieutenant of Company H, Second Tennessee September 14, 1877, there was a claim pending in the Pension Office for invalid Cavalry, enlisting October 10, 1861, and resigning March 9,1863; that in 1871 he pension, on account of disease contracted in the service aforesaid. After the filed an application for a pension, alleging weak eyes and weakness of breast. death of said soldier the claimant herein attempted to complete the claim, which This appJication was rejected on the ground that he could not prove the disabil­ was, on the 21st day of 1\Iarch, 1879, finally rejected on account of failure to pro>e ity to be aue to the service. The certificate of disability given by the surgeon treatment in Government hospital. of the regiment February 26, 1863, reads : The evidence in this case shows that Harrison Warner, husband of claimant, "I have carefully examined J. B. Russell, fit·st lieutenant of Company H, Sec­ was prior to his entry"into the service a. man of sound physical health, free from ond Tennessee Ca>alry, and find that he is suffering from chronic bronchitis and disease of any character, as shown by the testimony of Drs. R. W. Pardy and dysentery. He has been unable for duty for over a month; his constitution is D. M. McConaughy, and Samuel Smith, Harvey Conner, A.M. Lang, L. L. Con­ so impared and broken down, and being now in his forty-ninth year, I am of ner, and others who were neighbors of and intimately acquainted with him opinion that he will not again be fit for public service." for many years previous to the war. While doing guard and other duty at Nash­ James Baker, ElizabethBaker,andLieut. S.D. Best testifytoclaimant'ssound­ ville, Tenn., on or about May 15,1865, he became sick and unabletoperformduty ness at enlistment. The latter testifies that Lieutenant Russell was obliged to Qf any kind. The records show that he was not treated in general hospital, but leave the service on account of his eyes. R. Long and J. Bearont te tify as to from his own sta.tements corroborated by the testimony of his captain, lieuten­ origin in service and treatment by the regimental surgeon. ants. and comrades, rece1ved1 treatment from Dr. Fear, who was a member of Dr. A. L. Canich, regimental surgeon, testifies to treating claimant for sore the same company, for what was then called "liver trouble" which continned eyes in February, 1863. Capt. S. P. Rowan testifies to claimant's discharge for dw·ing the remainder of the time he was in the service, and at the time of his disability of eyes and back. Seve~·al witnesses, including two physician , tes­ discharge he was so feeble that his comrade, Samuel Kelly, had to procure a tify as to existence of disability at discharge and continuance since. The ex­ com·eyance to convey him from the train to the point where the regiment was amining surgeon at Newtonia, Mo., reports in 1871 that he is blind in right eye, discharged. Capt. A. 1\I. Lang and Lieut. L. L. Conner both give positive the vision of left eye is dim, and suffering from chronic bronchitis. The exam­ proof to his having disease of the liver from on or about May 15, 1865, up to and ining surgeon, Pineville, in 1874, reports the eyes the same as the other surgeon, after his discharge from the service. Dr. D. M .. McConaughy, who was the bat finds no bronchitis. The same surgeon, in 1882, reports his eyes the same, family physician prior to his entry into the servicet testifies that he was a man and says he is very much emu.ciated, weighincr only 112 pounds. of sound health at the time of his enlistment. On nis return from the service, The evidence shows him to have been intensely loyal to the Government and he was, on the 25th day of July, 1865, called upon to visit him at his home, and very active in its support. , found him suffering with chronic hepatitis. He continuously treated him from He is now sev-enty-two years of age, poor, and unable to do anything for his that date up to the year 1870, with no perceptible improvement, ·his disease re­ support. sulting in jaundice, entirely disabling him for the performance of manual la­ Your committee recommend the passage of the bill. bor. Dr. R. A. Stephenson, now United States examining surgeon, testifies that in There being no objection, the bill was laid aside to be reported to January, 1870, he was called upon to give treatment to :Mr. Warner, and round the House with a recommendation that it do p:lSS. him suffering from chronic hepatitis; continued to treat him for said disease until he died in September, 1877. At no time daring his illness was he able to HE~"-RY B.A.RR. perform manual labor, in consequence of the disease aforesaid. Dr. John Shackelford, UnitedStatesexarnining surgeon, residing at Maysville The next business on th~ Private Calendar was the bill (H. R. 2179) Ky., certifies that on June 17,1874J he carefully examined Mr. Warner, late a granting a. pension to Henry Barr. corporal in Company G, One hunared and eighty-second Regiment Ohio Vol­ The bill was read, as follows: unteer Infantry, and found him permanently disabled with chronic enlargement of the liver and sympathetic irritation of lungs. The soldier died, leaving the Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ claimant, his widow, and three helpless little children, without means of sup­ thorized and directed to place on the pension-roll, subject to the provisions anq port. In our opinion this claim should have been allowed by the Pension De­ limitations of the pension laws, the name of Henry Bn.rr, father of Jacob Barr, partment, as the evidence is full, positive, and clear that the disease was con­ late a private in Company .A., One hundred and third Regiment Pennsylvania. tracted in the service and caused the death of the soldier. This is one of the Volunteers, and pay him a pension from the 25th day of April,1885. cases requiring the attention of Congress"and deserving immediate considera­ The amendment reported by the committee was read, as follows: tion. In view of aU the evidence in this case, your committee recolllll1end that the At the end of the bill strike out all after the word "vol untecrs." accompanying bill do pass. The report (by -Mr. MoRRILL) js as follows: There being no objection, the bill was laid aside to bereporled to the· The Committee on Invalid Pensions, to whom was submitted the bill (H. R. House with the recommendation that it do pass. 2179} granting a pension to Henry Barr, have considered the same, and submH the following report: WILLI.A.l\I H. H. GILLESPIE. Henry Barris the father of Jacob Barr, late of Company A, One hundred and third Regiment Pennsylvania Volunteers. The next business on the Private Calendar was the bill (H. R. 1344) By act of Congress Susannah Barr, mother of Jacob Barr, drew a pension of ~8 per month from July 5, 1884, to April 20, 188.>, which is the date of her death, granting a pension to William H. H. Gillespie. and it is now proposed by this bill to continue her pension to her husband, Henry The bill was read, as follows : Barr. Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ As the report snbmitted by the Committee on Invalid Pensons to the Forty­ thorized and directed to place on the pension-roll., subject to the provisions and eighth Congress embodies the facts conneeted with present claimant, your com­ limitations of the pension laws, the name of William H. H. Gillespie, formerly of mittee adopt it as their own, attach it hereto, and recommend the passage of the Company I, First Regiment Missouri State Militia. . ~ill,with the following amendment: Strike out all after.the word "volunteer," mhne& . · The reporb (by Mr. MORRILL) is as follows: [House Report No. 1599, Forty-eighth Congress, first session.] The Committee on Invalid Pensions, to whom was referred the bill {H. R.1344) The Committee on In valid Pensions, to whom was referred the bill (H. R. 5821) granting a pension to William H. H. Gillespie, submit the following report: ' granting a pension to Mrs. Susannah Barr, respectfully report: Your committee find that claimant enlisted August 1,1863,in Company I, First That Susannah Barr is the mother of Samuel Barr, who enlisted in the mili­ Regiment Missouri State Militia, and was discharged October 29,1864, on account tary service of the United States as a private in Company G, One hundred and of amputation of the left arm. Application was made for a pension in 1865 but third Regiment Pennsylvania Volunteers, December 1,1861, and died in the mili­ was rejected on the ground tha,t the wound resulting in amputation was nC:t re­ tary prison at Andersonville, Ga. July8,1864; also of Jacob Barr, who died from ceived in line of duty. p~unds received in the service of the United States in hospital in. Philadelphia, The facts in this case, as established by a special examination ordered by the Pension Department, are as follows: This claim was rejeeted by the Pension Office l\fay 3,1882, on the gt·ound that On the l!lorning of tl1e 1st o_f August, 1864,. clai..ma-nt, returning from picket clajmant was not dependent at the date of soldiers' deaths. duty to his quarters, found hlS comrades eatmg watermelons, and was invited It appears from the testimony of Dr. Ross, United States examining surgeon, to join them, which he did. The menha.d been amusing themselves by throw­ of Clarion County, Pennsylvania, that the husband of claimant is a feeble old ing the rinds a teach other. Claimant, joining in the sport, threw a piece of rind man, over seventy-four years of age, andissufferingfroma.stroke ofpalsyofthe at Comrade Davidson, who quickly dodged, and the missile struck William J. ieft side, and has no use of the left arm, and but little use of the left leg; walks Falle~, another comrade. Fuller, being a. man of violent temper, became at . with difficulty, and is disqualified from the performance of any kind of manual once rncensed, and commenced an attack upon the claimant with stones and labor. bricks. Claimant at once retreated to an upper room of the building in which Dr. Samuel D. Meals testifies, February 2, 1881: they were quartered, and secreted himself. Remaining there for a snort time, ''That he has been claimant's family physician since 1863, and especially since until he supposed his comrade's rage had passed away, he ventured out, when 1854; that the husband was no.t able to follow usual occupation as a farmer at Fuller sprang upon him, stabbing him in the left arm, infiicting a wound which that time; that in the years 1800, 18671 1868,1869, 1870,and every year since to the made amputation of the arm necessary nine days after. The special examiner, preselit time, he ha-s noticed him falling, and July 11, 1876, he had a stroke of in his report, says : paralysis, since which he has not been able to perform any labor.'' "All the witnesses agree that Fu.Uer was ill-tempered and easily vexed · that It appears from the evidence in this case that ()laimant's husband was the clo.Im.ant was mild, pea~ble man, and neither of them drinking liq"lior and owner of a. farm in Percy Townshlp, Clarion County. Pennsylvania., which he that Gillespie was in sport, and fully believe all Gillespie did was in sport; and sold in 1864, though the deed was not recorded until 1..866, for $6,234, and that 2556- CONGRESSIONAL RECORD-HOUSE. MARCH 19,

September 29, 1865, be purchased l.bree acres of land in Callensburg, in same R. B. Carter, late lieutenant of soldier's regiment, testifies that he wus well county and State, paying t.herefor $900. He owned no farm after the purchase acquainted with soldier at the time of his enlistment as lieutenant of Company of the propert.y in Callensburg. The house and lot was assessed at $'325 up to D,and thathewasthen a sound and healthyman,andwaspresent when he was 1880. The property owned in Callensburg is shown by a copy of the notice of sworn in; and that while in the service of the United States and in the line of sale to have been sold on execution to satisfy judgments against husband of duty, during the month ofMarch,l865,at Charlestown, in West Virginia, where claimant and other partie.'!. The personal property of claimant's husband is no tents of sufficiency were furnished, and being just called from home and ex­ shown to have never exceeded $300, and the proceeds of the sale of the farm, posed to cold, sleett and snow, soldier contracted a severe cold, which unfitted in 1864 was exhausted in the payment of debts; the deceased soldier contributed him ever after for auty as a well man, and finally he succumbed to the disease of his earnings prior to and during his military service to the support of this and resigned on account of his disability. Affiant was acting as adjutant of the claimant, who is now entirely without mea ns of support, and has been since regimentatthe time, and that the facts stated by him were acquired by a personal the death of the soldier. knowledge while acting as such adjutant. Robert H. Brewster testifies that he is at present (December ,1885) judge of the The amendment was agreed to. probate court of Meigs County, Ohio. That he was well acquainted with claim­ · There being no objection the bill as amended was laid aside to be ant's husband, who kept a. store in the village of Danville, about 2 miles from reported to the House with the recommendation that it do pass. residence of affiant, during the years 1853,185t, and 1855, and saw him frequently up to the time of his enlis~ment. That during all the period of his (a.ffi.ant'r) ac­ MARY MERRILL. quaintance with soldier he attended to his business, and affiant never knew or heard of any disability, but regarded soldier as an able-bodied man. The next business on the Private Calendar was the bill (H. R. 4631) David ·w. De Lay also testifies to soundness of soldier prior to enlistment. granting a pension to .Mary :Merrill. S. H. Guthrie and James McFarland, in a joint affidavit, say that they were The bill was read, as follows: for over thirty years well acquainted with claimant's husband before he enlisted; that they lived in the neighborhood where he lived for a long time; saw him · Be it enacted,&:;., That the Secretary of the Interior be, and he is hereby, au­ weekly: be was a mechanic and did their work. That they are fully satisfied thorized and directed to place on the pension-roll, subject to the provisions and that at the time he entered the Army he was a healthy man, and that they never limitations of the pension laws, the name of Mary Merrill, widow of Alexander knew or heard anything ~o the contrary, and that he was a good, sober, moral Merrill, late a private in Company L, Twelfth Tennessee Cavalry. man. The report (by Mr. O'HARA) is as follows: Dr. Franklin Staples, who treated claimant's husband, also testifies as to his condition before his death, being similar to that at death described by Dr. Sisson, 1 The Committee on Invalid Pensions, to whom Wl\8 referred the bill (H. R. who treated him shortly after' he returned home from the Army. 4631) granting a pension to ~Iary Merrill, have had the same under considera­ Dr. J. Q. A. Vale also treated soldier for lung trouble early in the year 1866. tion, and submit the following rep01·t: Benjamin Sisson also testifies that he knewsoldierfor five years immediately Claimant's husband enlisted as a private in Company L, Twelfth Regiment preceding his enlistment, and that he was a sound, healthy man at that time, and Tennessee Cavalry, Aprill9, 1864, and was discharged July 14,1865. Died Jan­ that soldier returned home sick and suffering in 1865. • uary 23, 1869. The soldier at the time of his death wa.s a pensioner of the United A large amount of lay testimony, showing soundnes!l of soldier prior to his en­ Stat~ for diMbility contracted in the service of the United States and in the line listment and his enfeebled condition at the time of his discharge, was produced. of duty. Widow's claim wa.s rejected on the ground that bronchitis1 of which The physician who treated him shortly after his discharge described quite her husband died, was not the effect of disability incurred in the serVlce and fo• vividly his condition, and stated that he knew nothing about claimant's con­ which he was pensioned. The record of the Surgeon-General's Office shows dition at the time of his entering the service of the United States, save that he that soldier was recommended for discharge at post hospital, Leavenworth, (soldier) told him that his health was bad while in the Army. Kans., by reason of chronic hepatitis and varicose veins contracted since his From a careful examination of this case it is shown that the claim was re­ last enlistment. Unfit for Veteran Reserve Corps. Disability one-half. jected on account of the private letter of Dr. Sisson, in which he stated that he Officer's certificate of disability shows that soldier was " disabled on the march treated soldier for dyspepsia in 1854.. Your committee can not indorse a rejec­ from Nashville, Tenn., to Tullahoma, Tenn., in the month of June, 1864. His tion based on such an unfair and, to say the least, unsupported statement; and horse fell with him, and seriously injured him, since which date he has not been they are of opinion that widow's claim to a pension bas been sufficiently estab­ able to do duty as a soldier, and that he is disabled in the left hip and breast." lished. They therefore recommend the passage of the bill, after amending the This certificate is signed by J. C. Boyer, captain Company L, Twelfth Tennes­ same by striking out all after the word "infantry," in line 8 of the bill; also by see Cavalry. striking out the words "and son" from its title. A. P. Calaher, colonel commanding post, states in certificate of disability for discharge, that" this soldier has been a willing and obedient soldier, but has The amendments were agreed to. been afllicted for a longtime on account of chronic hepatitis and varicose veins, There being no objection, the bill as am.E.nded was laid aside to be contracted since his last enlistment." reported to the House with the recommendation that it do pass. Dr. W. D. Whitted, a reputable physician of Henderson County, North Caro­ lina, testifies, under oath, that" be was personally acquainted wiih widow's hus­ DARIUS M. SEAMAN. band having attended him as his physician in his last illness; that he died of bron~hitiscontracted while in the United States Army; thatsoldier was always The ne.xt business on the Private Calemhr was the bill (H. R. 1279) a devot~d adherent to the Union cause, and during the war passed through the granting a pension to Darius M:. Seaman. rebel lines and enlisted in the Federal Army." In view of all the testimony of record in this case, regardless of the physician The bill was read, as follows: who attended soldier in his last illness, and whose testimony strongly corrobo­ Bed enacted, cl:c., That the Secretary of the I1.terior be, and is hereby, author• rates the record testimony, your committee can easily trace the soldier's cause ired and directed to place on the pension-roll, subject to the provisions and lim­ of death to the disability incurred while in the service of the United States and itations of the pension laws, the name of Darius M. Seaman, late of Company in the line of duty. They therefore unanimously re;!ommend the pas'illoge of the C, One hundred and fiftieth Regiment Pennsyh·ania Volunteers. bill granting the widow the pension she so richly deserves in her old age and great poverty. The report (by Mr. O'HARA) is as follows: ·There being no objection, the bill was laid aside to be reported to the The Committee on Invalid Pensions, to whom was referred the bill (H. R. 1279) granting a pension to Darius M. Seaman, having had the same under con­ House with the recommendation that it do pass. sideration, sul;lmit the following report: The claimant was a private in Company C, One hundred and fiftieth Pennsyl­ ROXANA V. ROWLEY AND SON. vania Volunteers. On the 20th day of December, 1862, he received a gunshot wound in the left forearm, said wound causing a withering of the arm, so that The next business on the Private Calendar was the bill (H. R. 5306) it is now very nearly lifel.ess and perfectly useless. The said wound was re­ grouting a pension to Roxana V. Rowley and son. ceived by accident. While standing resting on his gun it was accidentally dis­ The bill was read, as follows: charf(ed, the ball lodging in said arm. The ball wa.s extracted, taking out of the arm about four inches of the bone, Be it enaclt>d, &c., That the Secretary of the Interior be, and he is hereby, au­ which greatly disabled claimant., and incapacitated him from manual labor n thorized and directed to place on the pension-roll, subject to the provisions and greater part of his time. ]imitations of the pension laws, the name of Roxana V. Rowley, of,Vinona, The claim was reject~d on the ground that said wound was not received in Minn., widow of the late Franklin Rowley, first lieutenant of Company D, One the line of duty and in the sen·ice of the United States. hundred aud ninety-fourth Regiment Ohio Volunteer Infantry, and her son un­ Lieut. Col. H. S. Huidekoper, of claimant's regiment·, states that soldier wus der sixteen years old. with his company (C, One hundred and fiftieth Pennsylvania Volunteers) in the The amendments reported by the committee were read, as follows: war ofl86l, and was accidentally wounded December 20, 1862, by the discharge of his own gun, the ball passing through the left forearm, for which he was At the end of the bill strike out the words" and her son under sixteen years honorably discharged. This testimony is further corroborated by H. H. Davis. old." lieutenant of claimant's company, who testifies. from a personal knowledge of Amend the title so as to read: "A bill granting a pension to Roxana V. Row- the circumstances. ley." Your committee are of the opinion that soldier was in the line of duty at the The report (by Mr. O'HARA) is as follows: time of receiving the gunshot wound in the left forearm; and following an un­ interrupted line of precedents in this class of cases by Congress, recommend the The Committee on Invalid Pensions, to whom was referred the bill (H. R. passage of the bill. 5306) granting a pension to Roxana V. Rowley and son, have had the same un­ der consideration, and submit the following report: There being no objection, the bill was laid aside to be reported to the Roxana V. Rowley is the widow of Franklin V. Rowley, late first lieutenant House with the recommendation that it do pass. · Company D, One hundred and ninety-fourth Begiment Ohio Volunteer Infantry. Claimant's husband enlisted in the service of the United States February, 1865; ELIJAH P. HENSLEY. resigned May, 1865; made application for pension April,1880, and his claim was rejected. Soldier died Sept-e mber20,1881, of chronic disease of the liver, causing The next business on the Private Calendar was the bill (H. R. 1707) great emaciation, obstinate constipation, and jaundice. granting a pension to Elijah P. Hensley. Widow's claim filed May 8, 1882, and rejected on the ground that the disease of whit!h tbe soldier died, "liver disease," existed prior to and at the time of his The bill was read, as follows: enlistment into the service of the United States, as shown by medical testimony Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ on file in the case and tlJat the report from the 'Var Department fails to show thorized aud directed to place on the pension-roll, subject to the provisions and th.nt soldier was s1ck1 during enlistment. limitations of the pension laws, the name of Elijah P. Hensley, late of Company The medical te timony alluded to as on file in the case is that of Doctor Sisson, K, Third Regiment North Carolina Mounted Infantry. who states that-in 1865-probably about September, 1865-he visited and attended claimant's husband, who was then suffering from a severe and protracted sick­ The report (by Mr. O'HARA) is as follows: ness, considered disease of the liver, accompanied and attended with all the pain­ The Committee on Invalid Pensions, to whom was referred the bill (H. R.170i) ful symptoms diagnostic of bilious colic-pain, tenderness, enlargement, cramp­ . granting a pension to Elijah P. Hensley, have had the same under consideration, ing in the right hypochondriac region and of the duodenum, jaundice, and con­ and submit the following report: stipation. The sufferings were severe, and continued for weeks and months, '.rhe claimant was admitted to a pension of S4 per month on the rolls of the with occasional intervals of improvement, to be followed by relapses, emacia­ Raleigh (N.C.) agency, December 17, 1868, com.mencing Augu~t 8,1865, and paid tion, debility, and inability to labor, Affiant can not state the condition of sol­ to include March 3,1f!77; was dropped from the roll August3,1877, on the ground dier's health at the time of enlistment, nor while in the service, though claimant that the pensioner was not in the service and line of duty when wounded, as stated to affi.ant his health was bad while in the Army. ln 11o private letter to the shown by t.he report of Special Agent Ragsdale, dated May 31 1877. Commissioner of Pensions, bearing date of July, 1883, Doctor Sisson states that Claimant was a. member of Company K, Third North Carohna1 Mounted Vol­ he treated soldier in 1854 for dyspepsia.. unteers, having enlisted in said company in February, 1865, and was w01mded ..

1886. CONGRESSIONAL RECORD- HOUSE. 2557 at lndian Creek, Yancey County, North carolina, March, 1865, having been cut The bill was read, as follows: off frum his command in Tennessee, on House Creek, near Greeneville, Tenn. At the time claimant was wounded he was detailed by Colonel Kirk to joinT. Be it enacted, &:c., That the Secretary of the Interior be, and is hereby, author­ 0. rmd J. W. Guthrie and ot.hers to get rations for themselves; that they returned ized and directed to place on the pension-roll, subject to the provisions and within one hour and a half, but found that the command had left. The claim­ limitations of the pension laws, the name of Charles ·wyant, late of Company ant with others then started for a point of safety in North Carolina, and to join K, One hundred and fiftieth Regiment New York Volunteers. their Cf>.!!!.IDand, wllen overtaken and shot by the enemy, and wounded as al­ The report (by Mr. PINDAR) is as follows: leged. The Committee on Invalid Pensions, to whom was referred House bil1 V7M, It appears tllat some time in 1877, owing to causes not material to this report, beg leave to submit the following report: information was furnished the Pension Office that said clah.nant was not That the claimant, Charles Wyant, enlisted September 5, 1862, in Company K, wounded in the line of duty. On this point there is a confliet of testimony on One hundred and fiftieth Regiment New York Volunteers, and was discharged the time of claimant reaching his command, but none as to his being shot by June 22, 1865. rebels while in search of provisions for his command as he was detailed to do. His application for pension wa.s filed June 22, 188S, and was rejected January Your committee are of the opinion that claimant is entitled to a. pension, and 2.'5,1886, upon the ground that'' there is no record of alleged rupture and alleged therefore recommend the passage of the bill. inability of claimant to fumish any proof of origin or existence of alleged rup­ There being no objection, the bill was laid aside to be reported to the ture in service or any definite proof of its existence at discharge." Claimant testifies as follows: Honse with the recommendation that it do pass. That he is unable t-o comply with the requirements of the Pension Office for JAMES N. IIAIR. the reasons that he can not fmnish tlie testimony of any physician or physicians who have attended him since the date of his discharge from the military service The next business on the Private Calendar was the bill (H. R. 4.977) of the United States, showing the history s.nd degree of the alleged rupture granting a pension to James N. Hair. during each year, the dates and dm-ation of all treatment administered and a. full description of the disability described in all its phases owing to the fact that The bill was read, as follows: after his discharge and after his return home be applied for medical and surgi­ Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, cal treatment to Dr. Isaac F. Van Vlich, a. physician and surgeon then practic­ authorized and directed to place on the pension-roll, subject to the provisions ing in the village of Rhinebeck, N. Y., and said physician pronounced his dis­ and limitations of the pension laws, the name of James N. Hair, late a private in ability to be a rupture, and placed upon this claimant such a truss as is usu­ Company I, First Battalion :Minnesota. Volunteers. ally worn in such cases of physical disability, which he has continued to wear around his body ever since that time till the pt·esent period, renewing the same The report (by Mr. O'HARA) is as follows: from time to time when necessary; that the said Isaac F. Van Vlich died about The Committee on Invalid Pensions, to who~ was referred the bill (H. R. ten or twelve years ago, and he has never been treated by any other phy­ 4977) granting a pension to James N. Hair, have ha.d the same under considera­ sici-an or surgeon since that time, but has treated himself as best he could by tion, and submit the following report: following out the instructions given him by his late physician; nor was he ever The claimant alleged that while in the line of duty on the 15th of June, 1865, treated or placed in any hospital while in said military service; and furt.ber de­ he was attacked with measles en route between Chicago and Pittsburgh, and clares that previous to tl~ 2tltb day of February, 1865, he was detailed as black­ was left in hospital at Harrisburg, Pn.• and from thence to Little York, Pa., in smitll fortllc brigade in the corps towhichhisregimentwas attached, and march­ Government hospital, where he was discharged, and that said disease resulted ing along with thewago::~-tmiu the said train was surprised and attacked bythe in nearly. the entire destruction of the sight of both eyes. Sixth Georgia Confederate Cavalry, at l''ayett.eville, N.C., and claimant was se­ Claimant enlisted on the 12th day of April, 186:>, as a prh·ate in Company I, verely struck by a cavalryman with the butt-end of a large carbine rifle in his First Battalion Minnesota. Volunteers, and was discharged June 15, ISG:>. private parts, below his stomach, and the next morning thereafter the said rupt­ The claim was rejected on the ground that the disease of the eyes did not orig­ ure showed itself by a bl~tck and blue bunch appearing and protruding from inate in service, and medical referee does not admit that same is the result of the abdominal cavity, and it has so continued to protrude therefrom, growing measles. worse and larger each year until in consequence he cnn not perform more than The record of the Adjutant-Genernl'sOfficeshows claimant" present May and one-half d. He wa.<~ mustered out on detached was not able to rejoin his regiment." . muster-out roll June 15, 1865, at United States general hospital, York, Pa., with James 1\l. Sheak, sergeant of Company F, One hundred and fiftieth Regiment remark, "Entered hospital 1\la.y 15, 1865." New York Volunteers, testifies that he has been a.cquainted with claimant thirty Claimr.nt swears that while en 1'0ttle with his company from Fort Snelling, years past; that claimant was taken prisoner by the Sixth Georgia. Confederate ~linn : , to 'Vashington, D. C., he was taken sick with measles, and left at Harris­ Ca,·alry at Fayetteville, N.C., February 20,1865, and that claimant was a sound burg, Pa., on or about 1\Iay 10,1865, and transferred from there to Little York, and aule-bodied man at n.nd prior to enlistment. . Pa., about May 16.1865; that he is unacquainted with the names of the attending Archibald L. Ostrum. second lieutenant Company K., One hundred and fiftieth surgeons of either hospital, and is, therefore, unable to furnish the evidence in re­ Regiment New York Volunteers, testifies substantially the same as Shenk, and gard to treatment for measles, unless it is shown by hospital records. that the claimant was a sound and able-bodied man at and prior to enlistment, E. D. Cooper, orderly sergeant Company I, First Minnesota Volunteers, testi­ as far as he knows; and that he has no inte1·est in this claim. fies that he was and is now well acquainted with James N. Hair, who served ns Robert J. L . l\IarshaU and Alonzo C. Noxon testify thttt they have been weU private in Company I; that on trip from Saint Pan I, 1\Iinn., to Washington, D. and personally acquainted with claimant for thirty years past, and that before C., in the month of May,1865,and while in the line of duty, said Hair was taken he en listed be was a perfactl y sound and healthy man, and never complained of sick, and left at Harrisbm·g, Pa., in hospital. · rupture or any other di'5llbility of their knowledge or belief: that he could do J. B. Bamcord, late first lieutenant Company I, First Minnesota Volunteers, a full day's work day after day without intermission, but since his discharge testifies that he iR acquainted with claimant; that claimant contracted the from the military service he hns complained of rupture, and left his work at measles while in the line of duty; that on or about April 25,1865, while in camp blacksmith shop, complaining of great pain. at .Fort Snelling, two men were taken sick with measles, and that said James John J. Burch testifies that he is a blacksmith by trade, and he has had claim­ N. Hair was exposed thereto, and that on or about May 9, 1865, while en route ant in his employment for the past six or seven years, and claimant has al­ from Fort Snelling to \Vashington, D. C., and while in Chicago, Ill., the said ways compla.ined of rupture, and has frequently been obliged to leave his work: claimant was taken sick with measles; and on or about May 12, 1865, was left and go to his home for relief from the pain caused by said disability; that he in hospital, sick with same disease, at Harrisburg, 1:'~.; and about one week can not do more than one-half the work of a. person in sound physical health, thereafter transferred from Harrisburg to Little Yot·k, Pa. ; and on June 15, 1855, and when claimant performs much hard labor one day he is unable to work for was mustered out of service, one or several days thereafter. There is an abundance of evidence showing that claimant was sound at the Dt·. Cornelius S. Van Etten testifies that be has never been called upon to treat time of his enlistment; and as to his having sore eyes on his retmnhomefrom claimant for rupture, or knew he had rupture until the said claimant applied t-<> the service, in August, 1865, J. A. Elleson and Norman Hicks both testified that him to mal;:e a. physical examination on this 17th day of October, 1885, and that claimant retumed from the Army in August, 1865, so nearly blind that he could said \Vyant had a complete rupture or hernia, and_that be was wearing a truss scarcely recognize any one-eyes badly inflamed, and discharged for nearly therefor. six months; aft.er this, appeared to get some better, so that he could move The examining board at Kingston stale that claimant is ruptured in right side around without a. guide. At the time of his return he said his sore eyes was and wears a truss, and is entitled to a one-haU rating. the result of the measles-caught cold. From discharge to the present he has The committee deem the prooj sufficient to entitle claimant to a pension, and been two-thirds disabled. V. C. Whitcomb testifies that he was a member of recommend that the bill do pass. Company G, First Minnesota Volunteers; was sent to Little York Hospital in Pennsylvania, and he became acquainted with claimant, whowasbeingtreated Ther~ being no objection, the bill was laid aside to be reported to the for sore eyes. Claimant told him the disease was the result of measles, and at House with the recommendation tha.t it do pass. the time of his discharge, in June, 1865, claimant was almost blind. Dr. W. B. Steere, medical examiner, states: 1\IRS. l\IARGARET .A.. JACOBY. "In the examination of J a mes N. Hair for original pension, I stated that the disease of the eye ba.d the appearance of being the result of staphyloma. I can The next business on the Private Calendar was the bill (H. 1!. 5021) not account for the peculiar appearance of the opacity (leucoma) in any other granting a pension to Mrs. Margaret A. Jacoby. way. It is not like the nebula or leucoma arising from corneitis. It is different The bill was read, as follows: from nnything I have met or seen described. It looks as if there bad been a. partial staphyloma of the cornea. Viewed under a magnifying glass there are Be it enacted. &:c., That the Secretary of the Interior be, and he is hereby, au­ several points which look like cicatrices from puncture. On the whole, I think thorized and directed to place on t.he pension-roll, subject to the provisions and there is considerable doubt about it being a direct result of measles, although limitations of the pension laws, the name of 1\Irs. Margaret A. Jacoby, widow that may have been a remote cause of the opthalmia." of Sandford Jacoby, late of Company F, Seventieth New York Volunteers. E. C. Cross, another examining surgeon, states: "The applicant has cicatrices covering one-half lower side of each pupil, that The report (by Mr. PrNDAR) is as follows: does seriously interfere with vision; I can not say whether permanent or not, The Committee on Invalid Pensions, to whom was referred the biU (H. R. 5021) forldonotknowwhat askillful oculist might do toward1·emovingthem. They granting a. pension to Mrs. ~L•ugaret A. Jacoby, submit the following report: appear as if soreness might have been produced by measles. The scars on his That Sandford Jacoby, the husband of the claimant, enlisted April20, 1861, in eyes disable him fully one-half. I can get no evidence of syphilis after a most Company F, Seventieth Regiment New York Volunteers, and was discharged careful inspection of the applicant naked. He says he had measles in the Army.' • July 1, 1864. The soldier's claim for pension was submitted for admission De­ The medical examiner will not state positively that condition of eyes may not cember 1, 1884., and approved for total deafness and chrouic diarrhea, granting be traced to effect of measles for which claimant was treated in the hospital. him a pension for$> per month, commencing July 1, 1854, and ending Septem­ Your committee believe that the soldier is entitled to the doubt, should any ex­ ber 7, 1875, date of soldier's disappearance. The widow's application was filed ist, and therefore recommend the passage of the bill. July 17, 1885, and rejected by the Department August6, 1885, upon the ground that fact, date, and cause ofsoldier'sdeath notshownandinabilit.y of applicant There being no objection, the bill was laid aside to be reported to to furnish the necessary proof. the House with the recommendation that it do pass. The basis of the claim is thn.t while the soldier was engaged in the battle of Gettysburg, Pa., July 2,1863, by reason of concussion from discharge of artil­ CHARLES WYANT. lery, he was rendered ahnost totally denf, and also contracted chronic diarrhea, by reason of which he was totally disabled for military duty; that he never re• The next business on the Private Calendar was the bill (H. R. 5705) covered, but has been totally deaf in right car ever since, and afilicted with p-an~g a pension to Charles Wyant. chronic diarrhea. 2558 CONGRESSIONAL RECORD-HOUSE. MARCH 19,

Claimant testifies that when her husband returned from the Army in 1864 he Prost in command. Returning to the company at Yorktown, Va.. August 1, was suffering from chronic diarrhea and deafness contracted while in the serv­ 1862, he found Prost complaining of general weakness and claimed that he bad ice; that while residing with deponent at Greene, Chenango County, New been injured, and did not think Pro t performed any regUlar duty after he (Tis­ York, on or about the 7th day of September, 1875, he left and has never been sot) rejoined the company. He states further that it is his opinion that Prost heard from since; that she made diligent search and inquiry for him and that contracted disability in the service. she has been unable to ascertain or learn anything about him, and that she verily Several other witnesses were sworn whose testimony is very much similar to believes he is now deceased; that he had been sick for a week before he left and that given by Caplan Tissot, showingthatclaima.ntwas weak and sickly in serv­ had done no work; that he was despondent by reru!on of his said disabilities ice, and claimed it resulted from the alleged fall, but state they have no per­ and did not seem to be in his right mind ; that he was not then able to support sonal knowledge of the contraction of the disability. deponent, and that she has not received any suppoxt from him since. Dr. Isidore P. Latour testifies that he has attended and prescribed for the claim­ Dr. Charles l\1. Lawrence, of Port .Jervis, N.Y., testifies that he treated soldier ant very frequently since 1869; that he has been and is now affected in the dorsal upon his discharge and return from the Army for chroniodiarrheaanddeafness, regions of the spinal column with very severe pains, extending downward to and has treated him at frequent intervals for said disabilities up to 1873, when the lower extremities, assuming the form of double ciatica, accompanied with he removed to Greene, Chenango County, New York, and that said diseases numbness, rendering him wholly unfit to perform manual labor; and from per­ were likely to prove fatal. SQilal examinations and the history of the case, belieyes the injury was incurred Dr.Marcus 1\f.Wood, of Greene,Chenango County,New York, testifies that as stated by claimant. he treated soldier for deafness and chronic diarrhea at intervals from 1873 to Dr. Henry A. IIopper testifies that be has been a practicing physician since 1875, and that the diarrhea laid him up about half the time until the summer of 1817; that he bas 1·ecollection of the surgical treatment, some time between 1866 1875, when he left town. He was then suffering-from both of those disabilities, and 1869, by his father, Abraham Hopper, M. D. (now deceased), upy softening of "SEPTEMDER 17,1862." the brain. The minute or contributing cause was undoubtedly n. wound in the Francis A. Schilling, first lieutenant Company H, Fifty-fifLh Regiment New uppet pru·t of the chest, which he received durmg his service in the Army." York Volunteers, testifies that he was well acquainted with the claimant, who The examinations made of the soldier's wound during his lifetime by urgeon , was at the same time second lieutenant of Company E, srune regiment; that on under order from the Pension Office, develop the fact that the ball inflicting the 2Gth day of August, 1862, while in acth·eservice at YoTktown, Va., said claim­ wound entered in front of left shoulder, about the middle of the clavicle, and ant, while in charge of the picket guard, and in the act of crossing a stream, by came out near the upper and inner part of the scapula, and that quite a number walking a. log lying aero s the same, slipped and fell, strik-ing his back upon a of bones were discharged from the openings. It would seem that the upper knot or projection on said log, and was thereby severely injured, and was part of the left lung had been wounded, as at times the soldier ·was troubled willl brought into camp by one ot'-said picket guard; that in September of the same spitting of blood. year.tl:le claimant was duly discharged, by order No. 248, made by Major Gen­ The soldier from the evidence in the case was a constant ufferer from his dis · ernl Hn.lleck, because of the injury above mentioned. abilities from. discharge until death. The wound through hi che t destroying In reply to office letter of .January 23,1883, he states, that the facts relating to part of the nervous system, reduced him so that he became greatly debilitated, the injury received py Lieut. .rosepb Prost are correctly stated in his former dec­ and, though somewhat remote, may have produced softening of the brain. laration, and that he knows of his personal knowledge that in the middle of The case is one which should be allowed, being pos eo ed. of merit, and your August, 1862, he, while in charge of the picket guard, fell down, stt·uck and hurt committee recommend the passage of the bill. his back on a. log, in attempting to walk: across :1. creek; that thereafter, and by 'There being no objection, the bill was laid aside to be reported to the reason of said injury, he was 1mable to do any actual service, and was conse­ quen t.ly discharged; that be has seen claimant many times since his discharge, House with the recommendation that it do pass. and knows that he is still suffering from. said injury. MRS. E. A. BENHAU. Before the special examiner,l\Ir. Schilling testified to the receipt of the injury to back by Lieutenant Prost, stating that he wasinformedofthemanuer in which The next business on the Private Calendar wn. the bill (H. R. 229} it occurred from. men who were with Prost at the time, by Dr. Petard, who told grunting a pension to 1\frs. E. A. Benham. him Prost was unable to march, and he bad put him (Prost) in an ambulance, and from Prost himself. The bill was read, as follows: Cavt. .John H. Ti ot, of claimant's company and regiment, testified before the Be it enacted, &c., That the Secretary of the Interior be directed to place on tho specin.l examiner that he got leave of absence July 12,1862, leaving Lieute!lllnt pension-roll the name of Mrs. E. A. Benham, widow of Bvt. 1\Iaj. Gen. fTenry 1886. CONGRESSIONAL RECORD-HOUSE. 2559

W. Benham, deceased, and that she be paid a pension of $50 per month from and been· passed by that body, and I desire that it be substituted for t..~e after the passage oi this set. House bill. Tbe report (by Mr. HuTTON) is as follows: Mr. HUTTON. Mr. Chairman, as the gentleman from Kentucky The Committee on Pensions, to whom was referred the bill (H. R. 229) grant­ [Mr. WoLFor.n] has just stated, the Senate has passed a bill substan­ ing a. pension t'() !!Irs. E. A. Benham, beg leave to report: tially the same as this bill of the House. I ask nnanim~us consent That Mrs. E. A. Benham is the widow of Bvt. Maj. Gen. Henry W. Benhru:n. He was graduated from the Military Academy and promoted to the grade of that the Senate bill may be taken up and recommended to the House bre~et second lieutenant in the Corps of Engineers .July 1,1837, and died .June 1, for passage, and that this bill be reported with a recommcnd~tion that lBSt, having served his country faithfully and well as engineer and soldier for a. it lie on the table. period of nearly thirty years. As a testimouial to his patriotism, fidelity, and courage, and his personal and The CHAIRMAN. The Senate bill will be read. official worth, the order of Brigadier-General Newton is made a part of this re­ The Clerk read as follows: port. Both as an engineer and as a. soldier, General Benhrun mn.de a record of which Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ any man might feel proud. During a period of thirty years of the most efficient thorized and directed t-o place on the pension-roll, subject to the provi9ions and and faithful;se1·vice he was the recipient of the highest commendations from limitations of the pension laws, the name of :Mrs. E. A. Benham, wife of the late Generals Taylor, 'Vool, Scott, Totten, !lfcClellan, Sherm!l.Il, Hooker, :r.leade, General HenryW.Benham,at the rate of S50 per month. and Grant, with a record rarely equaled, perhaps never surpassed, by one of his rank. Mr. PRICE. I have no objection to substituting the Senate bill for Your committee report the bill fu.vorably, and recommend its passage. the House bill; but, if the Senate bill is under consideration, I move to amend by stril.."i.ng out the concluding clause (which fixes the pension at the rate of 50 per month) and substituting a clause that this lady G~"ERAL OIU>ERS,} flJUDQUARTiillS CORPS OF ENGINEERS, No.9. UNITED STATES AIDlY, be pensioned subject to the provisions and limitations of the pension Washington, D. 0., June 5, 1884. laws. It becomes the painful duty of the brigadier-general commanding to announce Ur. BRADY. I trust that the amendment submitted by the-gentle­ to the Corps of Engineers the death of a. brother officer. CoL Henry ,V. Benham. Corps or Engineers (retired), brevet major-general, man from Wisconsin [Mr. PRICE J will not prevail. It j.s customary to Uuited States Army, died in New York city on the evening of June 1,188t.' grant to the widows of major-generals in the .Army pensions of $50 per General Benham was graduated from the Military Aca.demy a.nd promoted to month. There are a number of precedents-- the grade of brevet second lieutenant in the Corps of Engineers .July 1,1837. He served as assistant engineer upon the improvement of Savannah River, A 111EliiBER. Thirty-nine. Georgia, 1831-'38; as superintending engineer of the repairs of Fort Marion and M:r. BRADY. Thirty-nine! There are some forty-four. of Saint Augustine sea-wall, Florida, 1839-'44; of the repairs of defenses of An­ ::M:r. CO:NGER. Was this soldier a general officer? napolis, Md., 18M-'45; of repairs of Fort Mifilin, Pennsylvania, and Fort Mc­ Henry, Maryland, 1845; and of repairs of Forts Madison and 'Vashington, Mary­ Mr. BRADY. He left the service with the rank of major-general, land, 1846-'47; in the war with Mexico, 1847-'48, being engaged in the battle of Mr. CONGER. By brevet? Buenn. Vista, February 22, 23,1847, where he was wounded; as assistant engineer :Mr. BRADY. Dy bre,et. in the repairs of the defenses of New York Harbor, 1848-'49; as superintending engineer of the construction of the sea-wall for the protection of Great Brew­ Mr. CONGER. But he was only a lieutenant, as I understand. ster Island, Bost-on Harbor, 184~'52; of the construction of Buffalo light-house, Mr. BRADY. No, sir; he was a colonel in the regular .Army and a New York, 1852,a.nd of the Washingt-on navy-yard, 1852-'53. general in the volunteer service. lie was on duty as assistant in charge of the United States Coast Survey Office, Washington, D. 0., and in Europe in connection therewith, from l\Iarch, 1853, 1\Ir. CONGER. What was his rank ns a volunteer? until Novembe10 1856; as superintending_engineer of the construction of Forts . Mr. BRADY. A brigadier-general. And he was a colonel in the Wil~throp and J.Ddependence, Boston Ha.rbor,.l\Iassachusetts, 1856-'57; of the regular .Army. The report of the committee, as presented by·the hon­ survey of site for fort on Clark's Point, New Bedford, l!rlnss., and repair of Fort Adams, Newport Harbor, Rhode Island, 1857-'58; of the construction of the orable gentleman in charge of this bill, presents all the facts in the case fort at Sandy Hook, 1858-'61; of the Potomac Aqueduct, 1860, and as engineer as strongly as it can possibly be done, and therefore I do not propose to of the quarantine commissioners of New York Harbor,1859-'60. detain the House by going over them. He served during the war of the rebellion, 1861-'66, as chief engineer Depart­ ment of.the Ohio, Ma.y-.July, 1861, being engaged upon the staff of Brig. Gen. T. Mr. CONGER. Do I understand the gentleman to say that· this A. Morris, in military operations in Western Virginia, at Laurel Hill, July 6-11; man was only general by brevet ? in <'ommand of the troops engaged in the combat of Garrick's Ford, .July 13, Mr. BRADY. He was a colonel in the regular Army, but he was a 1861, and a..s acting inspector-general, Department of the Ohio, August 5-16. Promoted to the rank of brigadier-general of volunteers August 13, 1861, he brevet brigadier-general in the volunteer service. He rendered gallant took part in the campaign in \Vest Virginia, August-November, 1861, being in and distinguished service in the .Army of the Potomac as a brevet brig­ com.manDepartment of the South March to .June,1862,being pensions were granted precisely as it is proposed to grant a pension in prel!ent at Tybee Island, Georgia, during the bombardment and capture of Fort this case. I see no good reason why this case should be Inade an excep­ Pulask-i AprillO, 11,1862, and engaged, in command, at the attack on Secession­ ville, .James Island, South Carolina, .June 16, 1862. From September, 1862, to tion towhatseems to have been the general course of'Precedents in this February 28, 1863, he was on duty as superintending engineer of the construc­ regard. Nordoisee any good reason whythe amendmentofthe gentle­ tion of the fortification at Portsmouth Harbor, New Hampshire. Assigned to man from Wisconsin [Mr. PRICE] should be adopted, nor why his reasons tho command of the enginee1· brigade, Army of the Potomac, he was engaged in supe1intending the construction of ponton bridges across the Rappahannock should .prevail, except the one he offers in every case of this sort. And for tile passage of the Army of Chancellorsville, April 2~May 5,1863; at Frank­ I trust I do not misrepresent the position of the honorable gentleman, lin's Crossing, in the face of the enemy, .June 5,1863,and overthePotomac, at that be strenuously o~jects to the granting of a pension of $50 in any Edwards Ferry, .June 21.1863. From .July,1863, to May, 18M, he was in charge of the ponton depot at Washington, D. 'C. one of these cases-not especially in this case, but in any case-because From .June, 18&1, to .June, ~865, he was in command of the engineer- brigade, he-objects to the granting of any higher pension in any of these cases Army of the Potomac, being ,engaged in superintending the construction of a than that which is authorized by law, and which in this particular ponton bridge, 2,200 feet long, across the .James River, at Fort Powhatan, .June 15, 1864; in the construction and command of the defenses of City Point, Va., Oc­ case would be $30 a month instead of $50, which the bill proposes to tober, 18&1, to April2, 1865; in holding the captured lines at Petersburg, April2, grant. 1865; in repairing bridges across the Appomattox and Staunt'()nRivers,April3- Now to recapitulate without going into all the facta of the case, which 23, 1865, and on march t-o Washington, D. C., Ma.y-.June, 1865. Since the close of the war General Benham served as superintending engineer of the construction have been so fully presented, as I have already stated, by the report of of Fort Winthrop a.nd Fort Independence, Massachusetts, from 1865 to 1882; of the committee, this is a case equal to any of those heretofore passed by Fort Warren, Massachusetts, from 1867 to 1882; of works on Long Island Head Congress, embracing forty-odd precedents of similar character. I have from 1869 ~o 1882; of the defenses of Provincetown, Mass., from 1866 to 1870, and from 1872 to 1877; of the construction of Boston Harbor sea-walls from May, in my possession a list of thirty-odd cases furnished to me by the Com­ 1866, to April, 1873, and of Fort 1\Iontgomery, New York, and the inner defenses missioner of Pensions a few weeks ago. Since then Congress has added of New York Harbor, the forts at New York Narrows, and of Sandy Hook, New to the list until we have from forty to fifty cases similar to this, not York, from .July, 1877, until .June 30,1882, when he was retired from active sernce by the operation of law. one of which in my judgment is stronger or more entitled to consider­ General Benham was promoted successively from the grade of lieutenant to ation than the one now pending. that of colonel of engineers and brigadier-general of volunteers, having declined :Mr. PRICE. The gentleman does not properly state my position, the appointment of major in the Ninth Infantry, tendered him in March, 1855. He received the brevets of captain, United States Army, "for gallant and meri­ althoughhehasunconsciouslyerred, but it is this: Idonotcarewhether torious conduct in the battle of Buena Vista.," February 23,1847; colonel, United the pension be $30, $50, or $500; that is no object to me; I claim our States Army, "for gallant and meritorious services in the battle of Garrick's Ford, revenues are not sufficient, and that we will never live long enough to Va.," .July13,1861; brigadier-general, United States Army, for-" gallant and meri­ torious services in the campaign terminating with the surrender of the insurgent pay properly the men who fought our battles and won our victories; armyunderGenera.lRobertE.Lee,"Ma.rch13,1865; major-general, UnitedSta.tes the point I make is this, and I hope the gentleman will not have any Army, for" gallantandmeritoriousservicesduringthe war," l\Iarch 13,1865, and reason to misstate it in the future, that there is no good reason why this major-general of volunteers, "for gallant and meritorious services during the war," March 13,1865. House or this Congress should make any distinction between officers The record of General Benham's services and his zeal in the discharge of his and privates in the granting of pensions for services during the war. duties form the best tribute to his memory. It is not right, it is not just, it is not honest, and for one I do not wish As a testimonial of respect for the memory of the deceased, the officers of the Corps of Engineers will wear the usual badge of mourning for thirty days. to do a dishonest thing unless I get something for doing it. [Laugh- By command of Brigadier-General Newton: · ter.] _ JOHN l't!. WILSON, · Mr. BR.A.DY. It may not be honest according to the opinion of the Major of Bn{]ineers, Brt. Oolonet U. 8. A. gentleman from Wisconsin, bnt such is not th.e opinion of Congress, for Mr. PRICE. I would like to have the bill amended sons to provide it has ~ted precisely similar pensions in some forty or fifty cases that this lady be placed on the pension-roll subject to the provisions which have already become precedents. and limitations of the pension laws. Mr. PRICE. Do you wish to make another speech, or will you allow M.r. WOLFORD. I 1mderstand that a Senate bill similar tQ this has me to make my own? [Laughter and applause.] 2560 CONGRESSIONAL RECORD-HOUSE. MARCH 19,

Mr. BRADY. I yield the fi.oor, :md the gentleman from Wisconsin own assistance to the speedy work of its construction, not only conduct­ will proceed. ing the work and directing its operation, but actually helping by man­ 1\fr. PRICE. Here we have precisely the same vicious argument over uallabor to build the bridge. again and 11gain on the part of this committee, and in every one of these I believe if it was not for that service which he rendered to his conn· vicious cases, so that whenever a man can find no other reason, no equity, try his widow would not be a widow to-day, applying here for that no justice, no common sense in a proposition, he falls back upon the help which she is now compelled to ask this Government for, because same assertion, that it ought to be done because they have done pre­ she would still have been relying upon his own strong arm. I do not cisely the same mean thing away back yonder. [Laughter.] I do uot believe that any man can read this report without acknowledging the care anything about these precedents. No precedent can make what truth of this statement. is wrong right. What I object to is providing in these special cases­ Why it was only a week ago, my friend from Wisconsin then pres· that is, in the case of these officers-the pension shall be fixed at $50 a ent, when precisely a similar case was before the House and he per­ month, while in the case of John Smith, back of the hills, the pension mitted that bill to pass and did not object or take the same position is put down "subject to the rules and limitations of the pension laws." that he takes with reference to this; nor did he then require that that I oppose this unjust distinction. I believe the law should fix the should go to the House to be voted upon when a quorum was present. amount of the pension, and that in all cases where pensions are granted That was a proposition to pay a $50 pension-not as meritorious a case they should provide a pension in accordance with the provision of the as this; and I beg him now not to take the most meritorious ca-se of all law upon the statute-book. and make this break in the line of precedents. I make this appeal be­ Now, sir, I am willing that this bill shall be reported to the House cause I am satisfied there is no man present who would not come to the with the recommendation that it do pass, but upon the distinct under­ conclusion to which this committee came upon an ·examination of the standing that the vote shall be taken in the House when a quorum is report. I ask the gentleman therefore for the sake of consistency-per­ present. I am not willing that this or any other bill changing exist­ mitting as he did a similar bill to pass a week ago-not to plant himself ing law should pass unless by a vote in a full House. right in the path of this meritorious bill, but wait until a bill comes in .M:r. BRADY. Lctmeinquireofthegentlemanfrom Wisconsin why against which his strictures may be properly applied. an officer of the Army in time of war or in time of peace receives greater Mr. PRICE. What bill do you refer to? . pay tha!l a private soldier? Mr. SEYMOUR. I refer to the bill against which you alone voted Mr. PRICE. Because it is the custom and in accordance with busi­ on the last Friday's session-the bill granting a pension to Margaret B. ness principles that we should pay for one kind of talent more than for Harwood. another. I_do not know whether my friend from Wisconsin has been in the Mr. BRADY. And that is just this case. habit of attending these evening sessions or not. During the last ses­ Mr. PRICE. It is to be presumed this officer while serving in the sion of the House I was here night after night, and I may be permitted Army went on horseback, while at the same time John Smith trooped to say that I have seen many of these bills pass, and in my opinion none after him on foot, the man on horseback of course receiving larger com­ of them were more meritorious than this. pens.."ltion than the man who served on foot. He had greater ability !-1r. PERKINS. Does not the report in this case show as a matter and of course received larger pay. of fact that this man reached the rank of brigadier-general of the vol­ Mr. LOVERING. It is the first time I ever heard of a man in the unteer service and the brevet rank of major-general? Navy riding a-horseback. [Laughter.] Mr. SEYMOUR. Yes, sir; the report shows it. Mr. PRICE. I was not aware nor am I yet that this is the ca.se of a Mr. PETERS. Mr. Chairman, I do not think it is right to make an n:n·al officer. Even if it were, I doubt whether three-fourths of those exception in this case. I regret to differ with my friend from Conne.ct­ who are in the Navy could tell whether some of the men serving as icut [Mr. SEYMOUR], whose judgment I so much esteem, but it has officers were on foot or horseback. [Laughter and applause.] been the in variable rule of the House in matters of this kind to give I layitdownasaprinciple, Mr. Chairman, that the generallaw should to the widow of a colonel-and we have passed numbers of such bills­ provide exactly the pension which should be received in all these cases; a colonel who fell upon the field of battle, who gave hi~ life for his and w ben a bill is passed here it should be provided that the pension country, and that is more than this gentleman gave-l say it has been 8hould 'be in accordance with the rules and regulations of the general the custom to give to the widow of such colonel only $30 a month. law. · Now, I do not think it is right, I do not think it is justice to these .Mr. llRADY. Why does notthegentlemanintroduceagenernl bill? widows to make an exception of this kind, and give to this one a larger Mr. PH lCE. I have introduced half a dozen common-sense bills and pension than we have given under the general law. It is only in some ltall them referred to this same committee, but so iar I have not the exceptional cases where a pension has been given, and I have never ap· Iea.st reason to believe any one of them will ever be reported back into proved of a single case where such pension has been granted at a rate this House. I have introduced a bill here, referred it to that commit­ higher than $30 a month to the widow of a major-general. This man tee, that every man who served in the Union Army during the war was not a major-general, bnt by brevet only; and the custom ha.s been should be pensioned-every one of them. But I do not see any indi­ to give to the widow of an officer above the rank of lieutenant-colonel cation or disposition on the part of that committee to consider and act $30 a month. upon anything of the kind. But I will not occupy any more time. Mr. MATSON. That is the law. Th!lt is the position I occupy a'nd would like to maintain it. Mr. PETERS. And I can not see why it is that an exception should Mr. SEYMOUR. 1\fr. Chairman, I trust the gentleman from Wis­ be made here when we have a number of cases where colonels and lieu· consin will not insist upon the position which he takes in reference to tenant-colonels have fallen upon the field of battle and we give their this case. I am certain he would not do so if he had read the whole widows but $30 a month. report, and I am quite certain he has :qot read it in full, at least I so The long line of service rendered by this man to his country, while infer from the evidence furnished by his own remarks. Had be read it it is creclitable to him, yet does not demand from this Government any he wonlu have seen that this is the very last case that should be used more recognition than the services of the man who laid down his life for the purpose of bre..'l.king the long line of precedents established by for the country. This man, as I understand, was educated at West Congress in the granting of pensions such as this. I repeat, sir, the Point at the expense of the Government, and the Government gave whole report was not read. I do not believe, if it had been read, that him his position in the regular Army. And all that might be urged there is a man on this floor who would not assent that this is the last as a reason why this man is not entitled to anymore consideration than case that should be used i>r the purpose of making such an objection. the man who volunteered in the service of his country and fell on the I take it upon myself to say-for I had the honor to introduce this field of battle, reaching only the rank of colonel. To the colonel's bill-that there is not a more meritorious case among the whole fifty or widow we giYe only $30, and to give what is here proposed to the more cases that have heretofm·e passed Congress granting such relief. widow of this brevet-general is doing an injustice and an injury to the There is not one in the entire list that ba-s a higher claim than this one. widow of every colonel who fell on the field of battle. Why, ~Sir, this man, now for more than thirty years, commencing in the Mr. PRICE. I h:1ve been charged with inconsistency by the gentle­ Mexican war with meritorious and useful services for the Government, man from Connecticut [M:r. SEYMOUR]. I will say I have sat here fairly gave his whole life, every hour of it, when his services were called to-day with Hoilse bill No. 81 on my desk with an amendment pre· for to the service of his country, taking part as he did in all the great pared tostrikeoutallaftertbeword "Navy," in the seventh line, which and memorable military operations during that period. He leaves a takes off the sum of $50. I distinctly objected to that a week ago. widow who ha-s a claim upon us greater than that of any of those who That bill and three others were objected to by me, and by agreement have heretotore been pensioned at this amount. were passed over, as I understood. The RECORD does not show that, I have said if the whole of this report had been reacl it would show but it shows that I objected. that no stronger case could be presented than this. The report speaks The CHAIRMAN. The Chair will state to the gentleman from Wis­ of the long line of meritorious services in which this office was engaged. consin and the gentleman from Connecticut that the bill referred to is It speaks of building bridges in times of exigency; but it does not tell on the Calendar as unfinished business and is still pending. you, Mr. Chairman, of the building of one of these bridges-! forget Mr. PRICE. Then my objection was taken, and I am not inconsist­ which-by this brave IrL.'l.n, wheninsteadofstanding on the brink and ent, though I may be wrong. But I desire to test the sense of the com­ directing how it should be done, being informed that it must be built mittee upon the proposition to amend by striking out the last clause of with the greatest expedition for the safety of the Army, plunged into the bill, which indicates the amount to be paid. the cold water, and by the sid£~ of the workmen themselves lent his Mr. WOLFORD. I desire to say a few words in order to see if I can ~886. CONGRESSIONAL RECORD-HOUSE. 2561 ·~ not get my distinguished friend from Wisconsin [Mr. PRICE] to think going to the extreme of saying that he will call a quorum on us if we right about this question. do not let him dictate to the whole Congress. Now, sir [a-ddressing Mr. PRICE. You will not change the view I take. l\Ir. PRICE], I want to talk candidly and kindly to you for a minute. Mr. WOLFORD. I think I can. The gentleman from Wisconsin [Laughter.] You are in a minority in this Congress. If there is an­ and the other gentleman over the way are evidently laboring under a other man in this Congress or anywhere else that believes as you do mistake. This man, it is true, was a colonel in the regular Army; and about pensions all I have 'to say is, God help that man. [Renewed I supposed everybody knew that a colonel of the regular Army was a laughter.] Being in a minority, then, are you going to set yourself up general in the volunteer Army. here and say that the wisdom of ages that has come all along down the Mr. BROWN, ofPenru;ylvania. Since when, and by what law? stream of time, the wisdom which declares there is a difference between Mr. WOLFORD. By th~ law ofthe United States made during the the officer and the private-are you going to set yourself against that war of the rebellion in its d..'Ukest days and acted on through the whole and say, "If I can not control by my reasoning (and the gentleman is of the war. It has never been controverted until I heard it controverted a powerful reasoner), if I can not control by my eloquence (and does to-night that a colonel in the regular Army has the rank of brigadier­ not he 'rise to a ~reat degree of eloquence when he has a mind to?), if I general in the volunteer army. I want the attention of my friend from can not control by my reason or by my eloquence I will compel you to Wisconsin and of my friend over the way to this point. How did this bow to my will by calling a quorum on you?" [Great laughter.] officer come to be a brigadier-general? He was commissioned brigadier­ [Here the hammer fell.] general-he was not a brevet-brigadier, but he was commissioned brig­ Mr. JOHNSTON, oflndiana. Mr. Chairman, byattendingtheseFri­ adier-general for gallant and meritorious service upon the battlefield, day evening sessions I certainly have learned a great deal about the because he had so marshaled his men; because he had so shown that great. men of this country. I did not know before that we had so many great individual bravery and that great collective genius for marshal­ grMt men. [Laughter.] Every time any gentleman wants us to grant ing men as to save the lives of an army; because he had under his con­ a big pension to a widow, we are told that her husband was the greatest trol the lives and characters anJ happiness of thousands of men. man in the world, and my friend from Kentucky [Mr. WoLFORD] It was because he showed his extraordinary ability, because he showed makes the same speech that he has made to-night in every case where that he was distinguished for his quickness of thought, that he was dis­ he wants a pension increased. In every case the lady's husband was tinguished for that aptitude for command which is the characteristic the biggest man living. of our great men and dispL1.ys the great man when the occasion offers. Mr. WOLFORD. '.rhat is the sort I am for. [Laughter.] A thousand occasions might have offere<.l to a man of inferior intellect ~Ir. JOHNSTON, of Indiana. Then my friend fi·om Missouri [Mr. and he never could have made himself distinguished like this gallant WARNER], who is not present at this moment, comes in and asks us to general. pension a widow out there at $24 a month because her husband was For that distinguished service the country said and the President of the gamest man on top of the earth. [Laughter.] And so it goes; every the United States said he shall be a general, and he was commissioned time they want an increase of pension for a widow they put it on the as a general. Then again he went on showing his great mind, his great ground that her husband was a very great man. Now, the pension is soul, his great heart, and led his hosts on to victory. He went on till not to the man; it is to the widow. he was brevetied a major-general. A higher mark can not be made than 1\Ir. BINGHAM. She is his natural heir. was made by this officer. It is true he did not have thecommissionof Mr. JOHNSTON, of Indiana. Then if she is his heir let her take a major-general. But he received his brevet for galL'llltand brave and 'Jhat property he has left, and do not run your hand into the pocket meritorious services, for the depth of mind and heart and soul that of sombody else for her benefit. grasped the conditio~ of the country and the condition of the Army, Mr. BINGHAM. He has left he:r an inheritance of courage and de­ that took him into the front and the lead of the great fight to redeem votion to duty. this country and save the Union. And he did more than most men Mr. JOHNSTON, of' Indiana. Then she ought to be rich upon it. did for the salvation of the Union. Courage is not dollars and cents. I know my friend from Wisconsin [Mr. PBI€E], when he comes to Mr. BINGHAM. In such cases it ought to be requited with dollars think of it, will not say for a moment that such services as these are to and cents. be put upon the common plane; that the humblest private can do the Mr. JOHNSTON, of Indiana. Then, Mr. Chairman, if that be true, same thing. The private soldier might have the mind and the heart you must pick out one private here and anotherprivatethere, and pen­ and the soul of the general, but he had nothing to do but to take care sion the widow of one at one rate and the widow of the other at another of himself and obey orders. · He had no responsibility. 'Vhose life, rate, because one was a man of more brains or a braver man than the whose honor were in the hands of the private save his own? But the other, though each did his duty. I understand the position of the gen­ general that commands has the life and honor and happiness of the tleman from Wisconsin [Mr. PRICE] to be this: That the widows of whole army under his control. For that reason General Grant was a every class shall be treated alike; the widows of privates alike, the wid­ greater man than my friend from Wisconsin [laughter], howe~er much ows ofcolonels alike, and the widows of generals alike, and that we shall he may talk about the common_level of humanity. For that reason not pick out a case here and there and make it special. That! under­ General Hancock was a greater. man than the men who did not do the stand is the gentleman's position, and he is right. That is the true service he did; and the country has recognized that fact. theory, because, as the Chairman of the Committee on Invalid Pensions The world has recognized all along the line of human history that has well said, the pension goes to the widow for her support, not for the man who does the most for his coantry is loved most by the coun­ the gallantry of her husband. You can single out isolated cases all try. That is the order of God Almighty. over the land where the same kind of arguments would be good in fa­ lie that does much will receive much in the great Day of Judgment. vor of pensioning one widow at a higher rate than another. That applies to him that does most for his country, and who, sir-I Mr. DOCKERY. Mr. Chairman, I do not wish to occupy the time take up the word of my distinguished friend who has preceded me-who of the House in needless discussion, because there are other cases on the ever did more for his country than this report shows was done by this Calendar that demand consideration. I desire to say, however, in an­ officer? I do ,see some force in the position of men who sit back here swer to the remarks of the gentleman from Indiana [Mr. JoHNSTON] and say, "Although there is no law, we willmakealawuntoourselves, that my colleague [Mr. WARNER, of :Missouri] is not here to-night--- and say that none but the widows of general officers shall receive a pen­ Mr. JOHNSTON, of Indiana. I understand that. sion of $50 a month;'' but that is no re.ason for opposing this bill. Here Mr. DOCKERY. But I plead guilty for him to the fact that he did is the widow of a general officer, au absolute brigadier-general and a say Nat. M. Gwynne was one of the most gallant men in the Army. I brevet major-general, who did the 4nties of a major-generaL will add that my colleague was justified in saying that, becatfse the 1\-Ir. PETERS. Will the gentleman permit me toask him a question? Congress of the United States had singled this man out for special rec­ Mr. WOLFORD. Yes, sir. ognition on account ofhisgallantry. l\Ir. PETERS. Where did this colonel serve? Mr. PRICE. The gentleman does not refer to the case now under con­ Mr. WOLFORD. Did you hear the report read? [L:1.ughter.] Now, sideration ? I do not want that report read again. Mr. Chairman, neither of these .Mr. DOCKERY. No, sir; bnt to the case to which the gentleman distinguished gentlemen who are opposing this bill listened to the re­ from Indiana [Mr. Jofu~STON] has alluded. port, and there, in a nutshell, is the secret of their opposition; neither Now, I want to ask the gentleman in charge of this bill {because I of them has listened to the report, but they just come in here resolved am somewhat in doubt as to the proper action to be taken upon it) that they will set up a rebellion in the camp of humanity. [Renewed whether the report shows that this gentleman was a brigadier-gen­ laughter.] They come here prepared to say that what all the wodd eral? regards as true is false, and that what all the world calls good is bad. Mr. HUTTON. It does. I wish the gentlemen had time to read that report, for then there would Mr. DOCKERY. I wish to ask also whether the law makes a dif­ be no need of my arguing this case. (Laughter.] I hope the gentle­ ference in the pensions paid to the widows of brigadier-generals and man from Kansas [Mr. PETERS] will read the report, and I hope he colonels? will postpone voting against this righteous bill until he has read it, Several ME~IBERS. It does not. because no man ever did more for his country than thig officer. A MIDffiER. The general law makes no distinction. Now: Mr. Chairman, I turntomyfriendfromWisconsin[M;r. PRICE] Ur. HUTTON. I do not know that the law makes any distinction and I ·want to talk tohimkind1y. [Laughter.] I know that heisnot as to pensions between the widows of colonels and those of brigadier- XVll--161

• CONGRESSIONAL RECORD-HOUSE. -2562 . MARCH 19,

generals. But this House has made a difference. I believe the general that the Senate bill be laid aside with the recommendation that it pass, policy of the House has been to give to widows of brigadier-generals a and with the understand.iilg that after the previous question shall be pension of $50 a month. ordered upon it in the Honse it shall go over as unfinished business. I wish to repeat what my friend from Connecticut (:1\Ir. SEYMOUR] Is there objection? hasjnstsaid, that no moremeritoriouscasethan thishas been presented .M:r. MATSON. I would suggest a further agreement, that instead to this House. General Benham has a record that has not been equaled, of coming up after the reading of the Journal on .Monday next, it shall so far as I know, by that of any other man for the number of years in be disposed of on Friday after the reading of the Journal. which he was in the service or the faithfulness of that service-service Mr. BRADY. The understanding is that it is to come up as un­ both as a skillful engineer and as a. brave soldier·. Entering the service finished business. in 1837, his record is not surpassed by that of any other man of whom Mr. BINGHAM. Let me st:1te, Mr. Chairman, that two weeks ago, I ha.ve any knowledge. He died a poor man. His widow, who is to­ when the case of Mrs. Ellen Mitchell came before this Honse in its day old and feeble and poor, comes here, and, in view of her husband's limited membership, it went o>er by unanimous con ent, and the pre­ long service, asks this House to give her a pension upon which she can sumption was it would go- over to the Friday succeeding, but the live comfortn.bly the remainder of' her days. What is proposed in this Speaker, on examination of the rule', determined it could not be con­ case is only what has been done in the cases of other widows under like sidered on Friday. Therefore I came to the session of Friday a week circumstances. I do not believe thatitisnecessarytoarguethisquestion ago and made the motion that the bill come up by unanimous consent a single moment. I believe that the record presented to this Commit­ immediately after the reading of the J oumal on Monday morning. I tee of the Whole is suffi.cient to secure favorable action on this bill. I presume it is the purpose of the gentlemen in the inter t of the Ben­ hope the amendment will be voted down. ham bill it should come before a full House. Therefore I suggest, un­ Mr. JOHNSTON, of Indiana. Is this widow drawing a pension der the ruling of the Speaker one week ago when this motion was en­ now? tertained on the Mrs. Mitchell bill, that it be agreed it shall come up Mr. HUTTON. Yes, sir. This bill is to increase the pension from immediately after the reading of the Journal on Monday next. I $25 to 50. stated that evening, "I ask unanimous consent, and trustthe chairman Mr. BRADY. I think my frend [Mr. HUTTON] is mistaken on that of the Committee on Invalid Pensions will concede it, that the previous point. Mrs. Benham, as I understand from her daughter, is not now question may be considered as ordered on the engrossment and third drawing a pension. reading of the bill and also on its passage, and that it may go over for Mr. HUTTON. Then I am mistaken. the present, which will throw it over untill'tfonday next as unfinished Mr. ZACH. TAYLOR. She is drawing a pension of $20 a nionth business." TheSpeakerruled onMondaymorning that motioncarried as the daughter of General McNeill. it into the House immediately after t.l?-e reading of the Journal, allow­ Mr. BINGHAM.. But she is not drawing pension as the widow of ing fift-een minutes of debate on e.:'l.ch side on the assumption that no General Benham. debate had previously been accorded to it. Mr. ZA.CH. TAYLOR. No, sir. Mr. ])fATSON. It was that precedent to which I had reference. Mr. BRADY. I know from her daughter that she is not drawing a The CHAIRMAN. The Chair will state to the gentleman from Penn­ pension. sylvania that was the statement of the Chafr heretofore made, that if Mr. BINGHAM. Is not drawing a pension as the widow of General the previous question was ordered on the engrossment and third read­ Benham. ing of the bill it would go over as unfinished business. Mr. JOHNSTON, of Indiana. Will she draw two pensions if we pass Mr. MATSO~. It would go over to the next day the House was in this bill? session when unfinished business was in order. Now, what I wish to Mr. BRADY. She can not draw two pensions. say is this: That there has been complaint about pension bills consid­ The question being taken on the amendment of l'tfr. PRICE, there ered here in night sessions going over as unfurished business_and inter­ were-yeas 5, nays 31. fering with the general business of the House. The sentiment seems :Mr. PRICE. I suggest to gentlemen here that they let this bill go to be that that class of business should be taken up on Friday instead to the House ~th a favorable recommendation and that it be voted upon of on Monday, and therefore I wish to incorporate this further under­ by the House when there is a quorum present. I do not wish to see standing~ thatthismatter, aswellassomeothe:rswhichhave been passed this bill passed unless it be by a quorum. ov-er, should come up on Friday next, immediately after the reading of The CHATRMAN. The gentleman from Wisconsin asks that this the J ou:rnaJ, instead of on Monday next, to be disposed of in a full House Senate bill may be laid aside to be reported to the House with a recom­ at that time. · mendation that it pass, but with the understanding that it shall not be Mr. WOLFORD. Would not the gentleman be willing to insert in taken up in the House to--night. the unanimous consent that when the bill itself came up on Friday l'tfr. BRADY. Would it not be proper that such an arrangement next fifteen minutes of debate shall be allowed on each side? should be made in the Honse instead of in committee? Mr. MATSON. That is provided for in the rules. lt'Ir. PRICE. We can make the understanding now. Mr. WOLFORD. I think not, and therefore I would like to have Mr. BRADY. Is it in order for the gentleman to make that motion? that inserted as a. part of the understanding. For one, I should like to The CHAIRMAN. The gentleman asks unanimous consent that the have some explanation in reference to the provisions of this bill before bill may be laid aside with the understanding that it be r@Orted favor­ called upon to vote upon it. ably to the House, but that it be not taken up in the House to be voted The CHAIRMAN. The Chair will now state the request with the upon to-night, but come up in the regular order of Friday's business. modification suggested by the gentleman from Indiana. The gentle­ l'tir. LOVERING. Whatwill bethestatns ofthebill whenitcomes man from Wisconsin [Mr. PRicE] asks by unanimous consent this bill before the House? Therewere some bills which went ov-erlastFriday be laid aside with the understanding when reached in the Honse. the night as unfinished busin-ess; and my supposition was that they would previous question shall be considered as ordered, and that it shall be come up to-day at the regular session of the House as unfinished busi­ voted on after the reading of the Journal on Friday next in its regular ness. order. The CHAIRMAN. The Chair will state that if when this bill is Mr. BINGHAM.. The House will not recognize it on Friday next. reached in regular order to-night the previous question be ordered upon A MEMBER. But the Speaker will. it, and it then goes over, it will, as the Chair understands, come up as Mr. BRADY. Friday has been set apart for the consideration of unftnislJ.ed business next Friday. private bills. · Mr. PERKINS. It can be laid aside with the understanding that in l'tfr. MATSON. I ask it shall beinsertedasa part of the understand­ the House we order the previous question. ing that the bill shall be taken up next Friday immediately after the l'tfr. DOCKERY. If the previous question be ordered, the bill will reading of the Journal. come up on Monday morning. Mr. BRADY. Does that set aside the consideration of private bills Ur. WOLFORD. That is the ruling of the Speaker. on Friday? Mr. DOCKERY. Yes; IthinktheSpeakerruled thatinsuch n.case The CHAffiMAN. The Chair hears no objection, and the Senate the bill would come up on the succeeding Monday morning. bill will be reported to the Honse with the recommendation that it do The CHAIRMAN. Is there opjection to the proposition of the gen­ pass, and that the bill H. R. 229 be laid on the table. tleman from Wisconsin? SURGEOY ALFRED M. OWEN. Mr. WOLFORD. Before'determining whether I will object I want to make a parliamentary inquiry. If the bill goes to the House, is The next business on the Priv-ate Calendar was the bill (H. R. 4689) there to be, after the previous question, such debate allowed as the for the relief of the children of tbe late Surgeon Alfred M. Owen, and to parties may agree on? I do not want the bill to be voted on in the increase their pensions. Honse without the House having an opportunity to understand ' hat The bill was read, as follows: it is. &iteaacted, &c., That Alfred C. Owen, Christine Q. Owen, Kathleen D. B. Owen, and Alfred T. Owen, minor children of the late :Surgeon Alfred ni. Owen, The CHAIRMAN. The Chair will state that the rule fixes the limit United States Navy, be, and they are hereby, granted and allowed a pension of of debate in such cases-fifteen minutes on each side. $25 each per month, to date from the 22d day of August, 1883, on which day the .:arr. WOLFORD. Very well. sa.id Surgeon Alfred M. Owen died, and to continue until each child shall re­ sp ctiveJy attain the age of twenty-one years; and the Secretary of the Interior be, The CHAIRMAN. The Chair will a.:,o-ain state the proposition of the and he is hereby, authorized and directed to place the names of the said Alfred C. gent.leman from Wisconsin. '£he gentleman asks unanimous consent Owen, Christine Q. Owen, Kathleen D. B. Owen, and Albert T. Owen on the

• 1886. CONGRESSIONAL RECORD-HOUSE. 2563

pension-roll at said rates, in lieu of the pensiollil now paid them. In paying the stands to-day as a. monument to his skill and faithfulness. An added pensions from the day of Surgeon Alfred JU. Owen's death to the date of the pas­ in to was sage of this act, the Secretary of the Interior is directed to deduct from the inducement the mind of the committee make this report the · amounts herein allowed the sums already received by the said Alfred C. Owen, fact that Mrs. Farquhar wo.s the daughter of the late General Alpheus Christine Q.. Owen, Kathleen D. B. Owen, and Albert T. Owen, or their lawful S. Williams, a soldier of three wars, who commanded the Ninth Army guardian. Corps of the Army of the Potomac, and as gallant aml faithful a sol­ The report (by Mr. ScoTT) was read, as follows: dier as ever drew a ·sword. The naval career of the deceased officer, which began in May, 1869, wa one of exceptional credit, and was made conspicuous by an unusually " 'ide range I hope, therefore, that this House will not refuse this very small of duties by sea and land. From his entry into the ervice until his death he amount to Mrs. Farquhar to aid her in bringing u_p her little children. was constantly employed, exercising professional attainments of avery high Mr. MA'ISON. .Mr. Chairman, ifthis was the onlycaseofthiskind order, and that he dignified every duty assigned him by the zeal, courage, fidelity, and intelligence displayed in its execution is the testimony of all who perhaps the House could act without doing inju~tice, but the difficulty knew him. is that all of these widows, at least a great many of them, think they He was always conscientious, earnest, sk.illful~ kind, and courteous\ com­ ought to have their pensions increased; and it is a pretty tolerably safe manding thereby the affection and confidence of the sick, and the respect and admiration of his superiors. proposition now to~aythatifyou are going to enter upon this thing you In Febrnary,~882, he reported for duty at the navy-yard, Pensacola, and n. few will have to increase all of them. That is the sum and snbsta.nceof it. months later was combating the mucb·dreaded yellow fever. By his judicious Mrs. Farquhar is doubtless a. most estimable lady; her husband, as sanitary provisions and personal force and courage he established a cordon of environment which preserved the naval station from the plague wlrich delUs­ well as her father, won distinction; both were gallant and efficient of­ tu.ted the neighboring city. At the height of the el)idemic, when the physicians ficers; but she gets exactly the same pension that the widows of other of Pensacola llad been cut off by the fell disease, he bmvely volunteered to go officers get whose husbands held similar positions. into the city to attend the afilicted. _ What In the following summer (1883) he was without medical assistance, perform­ :Mr. LAIRD. command had he? ing the quadruple duty of sm·geon of the navy-yard, surgeon of the naval hos­ 1\fr. MATSON. He was an engineer officer. pital, surgeon of the reservation, and quarantine officer of the lower bay. 1\Ir. LAIRD. Of what rank? A retm·n of the fever was looked for. Every officer who could be spared was permitted to leave, and this brave officer could have been detached upon appli- 1\Ir. MATSON. The rank of major~ . cation, but· he scorned the thought. . This lady is now getting a pension of $25 a mouth, and ca.ch of her .August 14, 1883, the fever reappeared. Overexertion and exposure to the sun children gets an allowance of $2 a month. luld caused Surgeon Owen a partial sunstroke in July, and while yet suffering from this, he was, on August 16, himself seized with the fever. For two days Now, I have said so often to this House that I do not like to repeat there 'va.s no one on land to treat the hero, and on the 22d be died. His faithful it, but it seems to me to be necessary, that while the bills which were wife was untiring in her efforts at his bedside, and within a day or so after his pass~d here to increase the pensions of the widows of general officers death she was stricken with the same disease ; at midnight of the 29th she was buried by his side. have been allowed, not generally without much opposition, still I think They left behind them four children, between the ages of three months and that not only the members of the House but the country itself is be­ eight years, each of whom and their nurse also had the fever. . . ginning to get a little tired of even that. They are coming to the con- The comn:Uttee therefore recommend that the amounts named m the btll be llllowed to the four children of ttl.e deceased. . elusion that this thing is going a little too far. We had just as well face the fact now, for I t--ell you the people of this country are getting :Mr. MATBON. I understand the proposition is to pension these tired of high pensioll3; and why? Because of the fact that there are children at $25 a month, and there being four of them the proposition thousands of the widows of soldiers to-day who are getting no pension would amourrt to giving $100 per month to the children of this sur­ at all. geon. This bill is a very extraordinary one, and I think in order to ?fir. PRICE. That is it. shotten matters it should take the course of the one just disposed of. Mr. 1\lA.TSOK That is the reason. It is not because they are dis­ I ask by unanimous consent, therefore, it shall be allowed to go over posed to be illiberal, but because one woman gets a pension of $50 a with the same understanding. month, while many others get less than that and a gre..'lt number of them Mr. BRADY. Before that, to which I shall object, I desire to sub­ get nothing at ill The people do not approve of these things.; and the mit another proposition, that in the absence of Mr. Scorr, who has re­ trouble"about the matter is that so far as the House is concerned wewill ported this bill, I ask unanimous consent that it be passed over info:r­ be bothered by all of them coming in and asking increases unless we put maTiy, retaining its place on the Calendar. a stop to this system o.flegislating. There is no reason why there should 1\ir. 1\IATSON. I suppose that Mr. ScOTT will be present wl1en it be aDy exception. I do not see a. single reason stated, nor have I heard comes up if it goes over until Friday, and he can be heard in the House one in the ingenious and able argument of the gentleman from ~1 ichigan as well as at :my other time in the committee if the bill is passed over. [Mr. ~!AYBURY] . The fact that the husband of. this lady died young Mr. BRADY. Yes; but it has been a. courtesy ~ually extended. is cited; but the country got that much less service from him. The Ur. MATSON. I have no objection whatever to that course if the general proposition laid down in these cases ltas been heretofore that gentleman prefers it. themanserved a lifetime, or something of' that kind; that h.e wore him­ The CHAIRMAN. Without objection the bill will be passed over self out. But here the proposition is reversed, and we are told that he informally, rt>taining its place on the Calendar. died in a very short time-died early in his service, that he did so little There was no objection, and it was ordered accordingly. or had so little opportunity to provide for his widow. IIIARY HOWARD FABQUHAR. It only shows, Mr. Chainnan, to what sort of resorts those who here advocate these unequal pensions are driven in order to maintain them. The next business on the Private Ca!endar was the bill (H. R. 1.201) I shall insist that this bill ought to take the same course that others for the relief of Mary Howard Farquhar. have taken.. I insist on it for this reason, not only on the ground of The bill is as follows: the impolicy of granting unequal pensions, but in the interest of the B e it enacted, may assemble here, if we go and widen this daugb ter of l\laj. Gen. .Alp he us S. William5, United States Volunteers, at the rate matter of granting pensions until a large number of per ons shall come of $50 per month, in lieu of the pension which she now receives. here pressing their claims and annoying Congress with claims which Mr. CONGER. Let the report be rea~ ought not to be provided for by special act. The report (by 1\lr. Scon) is as follows: Mr. DOCKERY. It is not my habit to interpose an objection to any The Committee on Pensions, to whom was referred the bill (H. R. 1201) grant­ proposition that meets the favor of a ma;jority of any body assembled ing a pension to Mary H. Fa.rqu.hur, after duly considering the same, rep01·t it to consider a. given measnre. But I must objec~ to carrying ove:r these back, and recommend its passage with the following amendment: Strike out measures to the day sessions of Friday. The Honse has by special the word" fift.y " and insert tile word" forty." In consideration of the long and faithful services of Major and Bvt. Lieut. order set ap:rrt Friday evening to consider bills reported from the Com­ Col. Francis M.. Farquhar, and the necessities of hiB widow, Mary H. Farquhar, mittee on Pensions and from the Committee on Invalid Pensions. The your committee believe that a. pension of $40 per month is not excessive under day session of Friday is set apart for the consideration of private bills the circumstances, and respectfully recommend that it be granted. of a different character and which are generally meritorious. Mr. PETERS. That bill, I think, Mr. Chairman, had better take Now, if we are to establish the rule that because one member objects the course of the others. we shall then by unanimous consent carry over these measures to the 1t1r. MAYBURY. Mr. Chair~an, I sincerely hope that this bill will day session of Friday the result will be to deny justice to hundreds of be reported favorably to the House. The report hardly does the case claimants who are now asking relief at the hands of Congress and who justice, and I saythiswithoutintendingtoreilect in the least upon the are entitled to it. For my part I am willing to submit to the voice of gentleman who made it; but the facts are simply these: Colonel Far­ tho e assembled here to transact this business, and if we

course of proceeding which has been sanctioned by the House hereto­ The CHAIRMAN. The question now is, Shall this bill as amended fore-it should have been taken at its inception, and not now. be laid aside to be reported to the House with the recommendation that The committee should not be called upon to make fish of one and it do pass? tlesh of another. This order has been made in the Benham case and Mr. PRICE. Mr. Chairman, I want the House distinctly to under­ in other similar cases in my recollection since I have been a member stand that if they pass this bill they are raising to $40 a month a pen­ of this House; and I do not think it is becoming Tor any member of sion which we put at $25 a month,·and which we ought to keep at that the committee who has been present while such orders have been made rate. to object now. I hope, therefore, while the gentleman from 1tfissouri Mr. MAT30N. The law fixes it at $25 a month. knows his own duty better than I can tell him-I hope on account of Mr. PRICE. This bill makes it $40 a month, which the la.w does not. the high regard we all entertain for his character for consistency and Mr. WOLFORD. This bill will be a law if it pa.sses. desire.to do what is right he will withdraw all objection to this bill Mr. PRICE. But the general law does not fix it at that rate. Now taking the course which was indicated in the Benham case. I could object, but I will not. I will put it to the Honse to say Mr. DOCKERY. I believe I have a consistent record in regard to whether they will pass this bill to oblige certain most elegant gentle­ standing by the voice of the majority, and I do not think any one can men who are not often with us at these sessions, but are here to-night, charge me with attempting to exercise a one-man power. I am willing to beg through a special bill. to abide by the voice of the majority, whether it be six, or twelve, or 1tlr. WARNER, of Ohio. Mr. Chairman, before a vote is taken I twenty-four. But I have protested, and I now renew the protest, wish to protest against making this an exceptional case and giving this against the habit of sending over these bills to our Friday afternoon widow $40 a month, while the widows of other officers of the same sessions. I do not desire to interpose any objection to any pension. rank who were killed in the war, or who have since died from injuries The gentleman from Pennsylvania [Mr. ERMENTROUT] has not been so received in the service, are getting but $25, and other widows but $8 often present perhaps as! have been attheseFridayeveningsessions, but or $12. Ample reasons have been given why this should not be done. my recollection is I have voted for every pension bill that has been offered The essence of injustice is that you single out one case from many and to this House since I became a member of Congress, and I propose to grant in that case special favors and special privileges. continue to take the same course. · I am not objecting to this bill on No reason has been shown here to-night which in my judgment war­ its merits. I simply desire it shall be considered now and passed. rants this exceptional action. This was an engineer officer who un­ Mr. RANDALL. Is it not better to pass the bill by a full House doubtedly performed faithful service and was amply paid for his service than by a House with twenty-five or thirty members present? during his lifetime. Neither he nor hiswidowhaveanyclaim upon us lli. DOCKERY. I think not. However, ifthegentlemeninterested more than thousands of other widows of officers of the same rank. in this bill desire it I simll withdraw the objection. There is gross injustice in a measure of this 1.-ind, aml I do not believe The CHAIRMAN. The gentleman from Indiana asks unanimous it would go throu~h a. full House, or the House with a quorum; but consent that the bill under consideration may be laid aside and voted gentlemeu who have nn interest in the bills that are placed on this on in the House under the same order as Senate bill No. 348. Is there Private Calendar to be considered at these evening sessions come here objection? with their friends for the purpose of voting them through. If it were Mr. ZACH. T.A. YLOR. I regret very much to interpose any objection in order, I think it would be the duty of some member to move that to the consideration of these bills in a full Hou.se. But we have thou­ every other widow of an officer of this mnk should be placed on the pen­ sands of claimarits whose business is set for consideration on Friday sion-roll at the same rate of pension as this bill gives to this widoV{. afternoons. This, I think, is the fourth bill which it has been pro­ 1\Ir. WOLFORD. If you move it I will second. it. [Laughter.] posed to-night to transfer to the Friday afternoon session. This pro­ ::M:r. WARNER, of Ohio. That would not be in order. ceeding tends to destroy all action on all other kinds of claims. These Mr. WOLFORD. It would be right. bills, it is proposed, shall come up next Friday immediately after the Mr. WARNER, of Ohio. We ought not to forget that somebody reading of the Journal. I think that was the arrangement. Now, as must pay these pensions. This Government has no fund out of which far as regards making fish of one and fow I of another is concerned the it can be paid except as it collects the money from the people who committee did that in this Benham case. It is one of thirty or forty first earn it. It has first to be earned by somebody; and when were­ cases, and this distinction is made in regard to it. I shall certainly member that the average earnings of the seventeen millions of men object in this case. in this country who la.bor for a living is not over $30 per month, out The CHAIR:M.A.....~. The Chair understands the gentleman as object­ of which they have to support themselves and rear and educate their ing to the request of the gentlE:man from Indiana [Mr. M.A.TSO:N]. families, we can apprcdate the injustice of granting special pensions Mr. ZACH. TAYLOR,_ I shall have to do it, though I regret it. of this character. · Mr. RANDALL. Then the reason which actuates the gentleman, Is there any more reason why this widow should be pensioned at $40 as I understand it, is that he desires to give these other claims, these a month than the widows of oth~r officer:; who were killed in the service? war c1.ai.IQ.s, &c., a freer scope on Friday as against pensions. If there is any such reason, where is it? None has been given here Mr. ZACH. TAYLOR. That is it. The agreement, if the gentle­ to-night. .A.s my friend fromindiana [1\Ir. 1tfA.TSON] haswell said, to man from Permsylvania will nllow me to say so, was made before he grant to a major's widow living on one side of the street a pension of came into the Hall, so that these cases should be taken up on Friday $25 a month and to the widow of another officer of like rank living on afternoon immediately after the reading of the Journal. That was the the other side of the street a pension of ,40 a month is manifestly un­ order in the Benham case, and it is now desired that the like order just, and for one I shall vote against this bill. should be made in succeeding cases. That was the order and the agree­ 1\Ir. M.A. YBURY. Mr. Chairman, I hope the House will ind uJge me ment made in the Benham case, and it was moved that a like orde: a single moment. I shall not trespass long upon its time. should be made in the succeeding cases. It has been asked where is the reason for the exception in this case? :Mr. RANDALL. A great many of us here take more interest in these The reason for the exception is in the fact that this lady is the widow pension cases than in cotton claims or war claims, and I think there of an officer who died in the service, for, as I haye already stated, his ought to be harmony between those who feel on the one side as you death was hastened and, indeed, caused by bis faithful discharge of [Mr. ZACH. TAYLOR] do and on the other side as I do. I do not think duty in the Army. The reason for the exception is found also in the these pension cases interfere at all with the other bruoiness, as they are fact that she stands here as the dependent widowed daughter of a. ma­ disposed ofvery rapidly. jor-general of the Army of the United States. If she stood here to­ ¥r. ZACH. T.A. YLOR. Ur. Chairman, I want to say that I show my night not as the widow of Colonel Farquhar, but simply as the de­ willingness to pass these pension cases by coming to these Friday night pendent daughter of General Williams, what would be the rating of her sessions which are set apart expressly for _such cases. I attend all these pension? She would stand before this House to be rated as the daughter sessions, and if other members were as ready to come here to discuss of a deceased major-general. What then would be the rating of her these questions as they are to discuss war claims and claims of other pension? There is the ground of the exception in this case. kinds we should make better progress. I want to have as much har­ l\Ir. BROWN, of Pennsylvania. In that case she would not have mony as possible. I want these bills passed. I would have voted for any rating. the Benham bill with a great deal of pleasure. I do not know about Mr. M.A. YBURY. I ask what would be the rating before the House. these other bills, because I was not in the committee when they were I am not speaking of the o1·dinary rating under the law. I ask what considered; but, as my friend from Missouri fMr. DocKERY] says, I am would this House hold her entitled to, she occupying that position as willing to submit to the will of the majority, whether it be in a House thedependentdaughterofa.deceasedmajor-general? LCries of" Vote!" of thirty or fifty or three hundred members. "Vote!"] Mr. RANDALL. The difficulty in the Benham case was that the The question being taken on agreeing to the motion to lay the bill gentlemen here present, being a minority of the House, were not willing aside to be reported to the House with a favorable recommenda.tion, • to take the responsibility of action upon that bill, and we ask only that there were-a.yes 15, noes 25. • the same be done in reference to this bill. So the motion was not agreed to. A MEMBER.· There was a call for a quorum. SARAH 0. DRU:Ul\IOND. 1tfr. ERUENTROUT. We are willing to abide by the action of the The next business on the Private Calendar was the bill (H. R 2623) majority present, but the trouble is that those who are outvoted here granting a pension to Sarah 0. Drummond. a!e not willing to do that. The bi.U was read, as follows: Tha question was taken on the amendment striking out $50 and in­ Be it enacted, &c., That the Secreta ry of the Interior be, and is hereby, A.uthor­ serting 4\; and it was agreed to. ized and directed to place on the pensiun-roll, subject to the provi ions and lim- -

1886. CONGRESSIONAL RECORD-HOUSE. 2565 itations of the pension laws, the name of Sarah 0. Drummond, widow of John of the pension laws; but the committee by the amendment propose to Drummond, a soldier of the war of 1812. give her more than she asks. The report (by Mr. WHITE, of Pennsylvania) is as follows: The question being taken on the amendment reported by the com­ The Committee on Pensions, to whom was referred House biD 2623, beg leave mittee, it was not agreed to; there being-ayes 12, noes 16. to submit the followin.e: report: The claimant, Sarah 0. Drummond, filed her claim in the Pension Office~¥ 1, The CHAIRMAN. The quesLion is, Shall this bill be laid aside to 1879, as widow of John Drummond, and as there was not record and positive be reported to the House with a recommendation that it pass? evidence of the service of John Drummond as a soldier in the war of 1812, the Mr. WEBER. I rise to a parliamentary inquiry. Upon a motion to claim was rejected November 29, 1880. From the papers, evidence, and letters on .file in said case there is little, if any, doubt that said John Drummond did reconsider:can the merits of this case be stated to the House? I think service in the war of 1812; that he was taken prisoner and taken to England; the amendment would not have bei:m voted down if the case had been afterward returned to this country, and was married to this applicant on the understood. I had supposed I would have an opportunity to explain 26th day of August, 1824; had five children, all of whom are dead, two dying in infancy; that she is very poor, aged (about seventy-nine years old), and help­ the amendment. less. 'l'he CHAIRM.A.N. The Chair will state to the gentleman that the And under all the facts and circumstances of the case the committee recom­ motion to reconsider is not in otder in Committee of the Whole. mend the passage of the bill. Mr. WEBER. Have I the right to state the merits of this case? There being no objection, the bill was laid aside to be reported to the The CHAIRMAN. The Chair will recognize the gentleman to speak Honse with the recommendation that it do pass. upon the bill if he so desires, or the gentleman can move an amend­ J Al\!ES WATERS. ment. The next business on the Private Calendar was the bill (H. R. 5074) Mr. WEBER. I move to amend so as to fix the rate of pension at granting a pension to James Waters. $25 instead of $30, as proposed in the amendment of the committee. The bill was read, as follows: Mr. Chairman, I had hoped that a simple statement of this case would Be it enacted, cl;c., That the Secretary of the Interior be, and he is hereby, author­ be sufficient to commend the measure to the favorable consideration of ized and directed to increase the pension of James \Vaters, formerly a member every member present. I was the more inclined to that belief when I of Captain \Veatherbye's company of Pennsylvania militia, and who was in the heard the gentleman from Indiana [Mr. MATSON] say a few moments military service in the war of 18l2, to 5:25 per month, in lieu of the SS per month he is now receiving under his pensiOn certificate numbered 25506. ago that if this were the only case he would not o~ject. I desire to say this is the only ~e of its kind; it is unexampled in the history of the The report (by Ur. WHITE, of Pennsylvania) is as follows: country. Sergeant Leffman served his country continuously for :fifty­ The Committee on Pensions, to whom was referred the bill (H. R. 5074) increas­ ing the pension to James Waters, submit the following report: three years. He died about a year ago aL the age of eighty-eight, leav­ The claim in this case is one of merit. The pensioner, James Waters, is about ing a widow nowsevent.y-sixyears of age, who was dependent upon him. ninety yeo.TS of age. He draws a pension, certificate No. 25506, of ~per month. She is feeble and in needy circumstances. · In his letter, under oath, submitted to us, he says: ' "I served in the war of 1812; I was born in the year 1797, in Philo.delphia; So meritorious were the services of Sergeant Leffman considered that emigrated to Oregon in th~ year 1843; my health is very poor; my eye-sight is Congress iu 1879 passed a bill placing him on the retired-list with full nearly gone; I have no means ~!support except my pension of $8 per month; I pay and allowances. I desire to read briefly from the r~port made in served five years in the regular Army; I served six: months in the Florida war as first lieutenant; I served in the Indian war in Oregon in 1847 as colonel; I that case. I will not read it all, but only a brief extract: am not able to do any work; I am badly crippled; will be ninety years old We venture to affirm that there are but few soldiers in any army in the world February 22, 1886." of longer service and none with better record. The committee is glad to note The judge of the county st~ttes under oath that he has known Col. James the afl"ectionate language of his co1llDlander, Major De Russy, in his reference Waters for twenty-five years; that for at least ten yeaTS last past he has been in to Sergeant Leffman. It speaks well for both. Major De Russy says: failing health, and suffering the disabilities of extreme old age; feeble in body, "This old soldier is so generally known to the commanders of the Army that almost entirely blind, hearing almost gone; is poor, and has no means of sup­ any indorsement concerning him seems superfluous. He has served long and port other than his small pension. most faithfully, illustrating few of the faults and all of the virtues of the veteran. The postmaster of his town states that the old veteran is poor; yes, very poor, He loves to dwell upon his interviews with distinguished military officers, most and suffering more than the usual amount of the infirmities of life, crippled in of whom, either dead or living, have expressed an interest in him." body, blind, or almost so, hearing impaired, in fact helpless, and that his pension General Hancock, in forwarding the papers, speaks of him as "this deserving of $8 per month is entirely too small to fnrnish him the comforts of life, leaving old soldier." • him without attendance, mediool or otherwise. No inore gt·aceful or merited tribute could be shown this veteran of more than Your committee see the force of the statement, and admit the neces ity of an half a century's service than to grant his petition and retire him on the full pay increase of the pension. They are therefore unanimously of the opinion that and allowance of an ordnance-sergeant, and the committee report the accom­ said pension should be increased to such a sum as would give this aged and hon­ panying bill and recommend its passage. orable veteran at least a comfortable support during the balance of his few re­ maining days that he may have to linger on the shores of time, with vision gone, vitality lost, hearing impaired, waiting for the roll-call on the other side. Your Sergeant Leffman was a character well known to the older Army of­ committee recommend the passage of the bill. ficers, and one to whon they paid as much deference and respect as though he bore stars on his shoulders. There being no objection, the bill was laid aside to be reported to the House with the recommendation that it do pass. Thi~ is a pension to an enlisted man of fifty-three years' service, which entitled him to equally as much recognition, or his widow, as though ELIZJ.BETII LEFF.liAN. he had secured a star. It is not a dangerous precedent to establish, The next business on the Private Calender was the bill {H. R. 5706) Mr. Chairman, because I presume no other case will come before Con­ granting a pension to Elizabeth Le:ffman. gress similar to this. We do not ask a pension because she is a widow The bill was read, as follows: of a sergeant of the Army, but because she is the widow of a soldier Be it enacted. &e., That the Secretary of the Interior be, and he is hereby, au­ who served fifty-three years-a widow who shared with him through thorized and directed to place on the pension-roll, subject to the provisions and his whole military life the hardships incident to the service-not the )imitations of the pension laws, the name of Elizabeth Leffman, widow of Lewis case of a wife who lately married a soldier in order that she might en­ Leff'man,late an ordnance sergeant in the United States Army, to take effect f1·om the passage of this act. joy the benefits of his service, but she has slli1.red his trials during that long life of usefulne..~ to the country. The amendment reported by the committee was read, as follows: I am willing in this case this favor shall be granted; I am willing At the end of the bill add the words: "And that she be paid a pension of $30 per month." that in this case the door be widely opened, for it admits one with a claim unexampled in the annals of the nation, and because I believe we The report {by Mr. WHITE, of Pennsylvania) is as follows: may safely inscribe over its portals "Here may pass every widow who The C-ommittee on Pensions, to whom was referred the bill (H. R. 5705) for the 1·elief of Elizabeth Leffman, beg leave to submit the follow in~ report: can furuish a record similar to this." Elizabeth Leffman, for whom the pension is asked in this bill, is the widow of [Here the hammer fell.] l-ewis Leffman, deceased, who was an ordnance seY.geant, United States Army, The question recurred on Ur. WEBER'S amendment. who did active, gallant, and meritorious service in the Army of the United States for over forty-three years, at the end of which term he was placed on the re­ The committee divided; and there were-ayes 23, noes 11. tired-list by act of Congress, a.nd has since died. The committee would simply So the amendment was agreed to; and the bill as amended was laid note the langunge of his commander, Major De Russy, as follows: aside to be reported to the House with the recommendation tlli1.t it do "This old soldier is so generally known to the commanders of the Army that any indorsement concerning him seems superfluous. He has served long and pass. most faithfully, illustrating few of the faults and all of the '1--irtues of the veteran. S~UEL B.J.KER. He loves to dwell upon his interviews with distinguished military officers, most of whom, either dead or living, have expressed an interest in him." The next business on the Private Calendar was the bill (H. R. 5061) General Hancock, in forwarding the papers, speaks of him as "this deserving grantin~ a pension to Samuel Baket·. old soldier." Your committee deem it a. simple act of justice that the widow of-in the lan­ The bill was read, as follows: guage of General Hancock-" this deserving old soldier," she being aged, in­ Be it enacted, d:e., That -the pension of Samuel Baker, a soldier of the war of firm, and in very needy circumstances, being pow about seventy-six years old, 1812, be, and the same is hereby, increased to S20 per month, on account of be pensioned. wounds receh-ed in the line of duty while a volunteer in said war. The committee would further recommend that the bill be amended by add­ ing to the end thereof ''and that she be paid a pension of $30 per month." The report {by Mr. BRADY) was read, as follows: And, as thus amended, your committee recommend that the bill be passed. The Committee on Pensions, to whom was refened the bill (ll. R. 5061) grant­ Mr. WEBER. I desire to call attention to a clerical error in that ing a pension to Samuel Baker, submit the following report: Samuel Baker, of Jackson, Ohio, was mustered into the military service of the report. The term of this man's service should be stated as fifty-three United States on the 26th day of February, A. D. 1814. at London, Franklin years, instead of forty-three. This is a case unexampled in the history County. Pennsylvania., as second sergeant in Capt..1.in Duren's company, Col. of our country. James Fenton's regiment, and served through the Canada campaign, participat­ ing in all the battles of that campaign until Lundy's Lane, where he was se­ Ur. JOHNSTON, of Indiana. I believe this bill proposes simply to verely wounded, and soon after discharged from the service. He is now eighty­ place this lady on the pension-roll under the provisions and limitations eight years of age and in needy circumstances. 2566 CONGRESSIONAL RECORD-HOUSE. l\iARCH 19, I"

The committee after due consideration report the bill baek to the House with JESSE H. GAh'm.S. amendment, and as amended recommend its passage. The next business on the Priv;"l.te Calendar was the bill (H. R. 5234) The amendment of the committee was read, as follows~ grunting a. pension to Jesse H. Gaines. Strike out the word "twenty" and in ert "twenty-five." The bill was read, as follows: Mr. BRADY. I will state, ]')lr. Chairman, that this is a similar case Be it enacted., cf:c., That the 8ecretary of the Inte1·ior be, a.nd he is hereby, au­ thorized and instructed to place on the pension-roll, subject to the provisions to the one just passed by the committee. and limitations of the pension law , the nam:e of .Jesse H. Gaines, late first lieu­ Mr. JOHNSTON, of Indiana. I thought the gentlema.n from New tenant of Company G, Second Regiment Michigan Volunteer . York said there was no similar case on record. The report (by Mr. MA.Tso~) was read, as follows: Mr. WOLFORD. This is a soldier eighty-eight years old and The Committee on Invalid Pensions, to whom was referred tl1e bill (H. R. wounded. 5234) granting a. pension to .Jesse H. Gaines, have had the same under consider- The question recurred on tbe amendment of the committee. ation, and beg leave to submit the following report: · Gaines enlisted May 25, 1861, in Compauy G, Second Iichigan Volunteers; The committee divided; and there were-ayes 9, noes 18. re-enlisted as a veteran December 31,1863; was captured in action before Peters­ Mr. BRADY. No quorum. [Cries of "Oh, no!"] This committee burg, Va., .July 30, 1864, and remained a prisoner of war until April, 1865. Was passed a bill a few moments ago of the same character, granting $25 a mustered as first lieuten&nt May 2,1 65, and honorably discharged .July 18, 186-'l. On December 15, 1876, he filed an application for pension on account of dis­ month. ease of heart and kidneys. In support of his claim he filed a. number of affida­ The CHAIR !.AN. The Chair will appoint tellers if the point of vits, to some of which reference should be made. order is insisted upon. Capt. George Cook testifies to claimant's soundness up to date of C.'l.pture, and to his poor health upon return from rebel prison. Mr. BINGHAM. Do not dothat; makeyour:fightinsomeother way. Comrade Philip Schneider testifies that he met claimant in rebel prison at The Chair appointed as tellers Mr. MATSON and Mr. BRADY. Danville, Va., in February, 1865, who then looked emaciated, and that he con­ Mr. BRADY. I withdraw the point of no quorum. tinued in very poor health during the remainder of his service. Mrs. Melinda Burt testifies that she was acquainted with the claimant for So the amendment was rejected. years before his enlistment; that he came to her house immediately after his The bill was laid aside to be reported to the House with the recom- release.from rebel prison, at which time he looked so emaciated and was in such mendation that it do pass. poor health that she could hardly recognize him. .James Oliver testifies that he met claimant in the fall of 1865, at which time he Mr. MATSON. I move that the committee rise. was unable to perform manual labor. 1\Ir. BINGHAM. Oh, no! Let us go on for ten minutes longer. Claimant received no medical treatment while in the e:rvice, hence there is Mr. MATSON. What have you got? [Laughter.] no record of the alleged disabilities. While at home on furlough, and subse­ quent to his muster-out, he was t.reated by Dr. Bad~er,since deceased; conse­ The motion to rise was disagree~ to. quently no treatment is shown prior to 1868, since which time he has been under treatment for disease of heart by Doctors Clark, Green, Bonine, and others, as SAMUEL C. FISHER. . appears from their several affidavits in the case. The fnct that claimant was treated by Dr. Badge1· im.Inedia..tely after discharge is shown, however, by the The next business on the Private Calendar was the bill (H. R. 3321) testimony of William .J. Oliver, a gentleman of excellent reputation, who states for the relief of Samuel C. Fisher. that he was informed by said doctor that claimant then sutre1·ed from disease of heart. The bill was read, as follows~ The evidence not being deemed sufficient by the Pension Office to warrant B e it enacted, &c., That the Secretary of the Interior be, and he is hereby, favorabie action in theca e, it was placed in the hands of a special exo.miner. authorized ~d directed to place on the pension-roll. subject to the provisions The testimony taken during the examination is of the highest characteL The and limitntio s of the pension laws, the name of Samuel C. Fisher, formerly a. claimant as well as the witnesses enjoy excellent reputation. member of C( mpany H, One hundred and sixteenth Regiment Indiana State This testimony estn.blishes beyond a. doubt that claimant was a. sound Jll&n at Infani.ry Vohmteers. time of his enlistment; that during his confinement in rebel prison his health became seriously impaired; that upon his release he required medical attend­ Mr. UcCOMA.S. Let the report be read. ance· that disease of heart developed shortly thereafter, and that he has been The report (by Mr. MATSON) was read, as follo.ws: a. con'stant sutferer therefrom ever since. Notwithstanding the special examiner's recommendation fortheallow!lllceof Tll.e Committee on Invalid Pensions, t.o whom was referred the bill (H. R. the claim it was rejected upon the ground that there is no record, medical. or 3321) for the relief of Samuel C. Fisher, submitted the following report: Cla.iruant was captain of Company H, One hundred and sixteenth Regiment other sati1factory evidence of the origin of the disabilities in the service and line ofduty, or medical or other sat~<:tory e"Vidence ?f thei! existence a.t discharge Inc::llil.na. Volunteers, and was mustered in the service August 17,1863, a.nd hon- or prior to 1867. Much stress lS la.td by the Pens10n Office upon claunant's ad­ orably dis~ged March I. 1864. . . mission that he did not know until probably a year after discharge that he was He filed his application for a pension .July 28, 1879, allegmg that at Tazewell, suffering from disease· of heart. Why .this frank statement on the part of the Tenn. on the 20th of .January,1864, while serving on detached duty as post com­ claimant should prejudice his rights in the premises, when it is well known that missa;y the Union forces were surprised by the confederates before daylight, hypertrophy ofheA.rt. the disease from which he is suffering, is slow of develop­ stampeding the teams; that while in the act of mounting, his horse tramped on ment and may exist for years without its presence being known or its disabling his""right foot and mashed it severely. He alleges no one saw the injury done, influences being felt, your committee are unable to see. for everybody was looking after tJ;leir own interests•. <;naiman~ was not at !IDY The long and meritorious service of this ga!J.ant soldier, follo~ed b~ long COJ?-· time with his regiment after the mcurrence of the.mJury or m any h~s~1~ finement in rebel prison, should not be losb sJght of m the conS1derat10n of this His claim was rejected because of no record or satlSfactory proof of or1gm m bill· and w bile your committee fully agree with the Commissioner of Pensions, service and line of duty. so fur as his action affects the claim on aecount of kidney disease, yet we are fully An eD!.mination of the papers on file in the Department shows that Thomas convinced of the merits of the claim on account of heart di ease, from which nei~hbors D. Cole, a.muel Battinger, .John R. Messner, and ?ther of claimant claimant is suffering in a great degree, as shown by the medical e~natio~s testify to his having been a sound, healthy man pnor to enlistment. in the case and therefore report favo1'8obly on the bill and a k that It do pass, m H. b. Frame, private in cla~an~'s company, testifies that. at ~azewell, Tenn., order that he may receive the pension to which he is entitled for disease of heart in .January, 1864, claima~t, while m the line of !luty, had hlS r1ght foot mashed contracted while in the military service of the United States. by a horse tramping on It. The affiant saw clarma!1t brought to to~ and saw comrades dressing his wounds. There was no regrmental surgeon w1th the de­ There being no objection1 the bill was laid aside to be reported to tHe tachmen~. Cla.imant wrus not able to take charge of his company after the in- House with the recommendation that it do pass- j%es F. Buckles testifies that claimant was post commissary at Tazewell, Tenn. and he was his orderly. That some time in latter partofwinter of1863 ROBERT E. STEPHENS. the U~ion forces were surprised by the rebels one morning before daylight and The next business on the Private Calendar was the bill (H. R. 5525) a stampede took place. Affiant saw ~imant immediately after when he was limping. Claimant's horse was shod Wlth heaVY shoes. granting a pension to Robert E. Stephens. Lieut. Col. G. 0. Behm, of the Sixteenth Indiana. Volunteers, says that claim­ The bili was read, as follows: ant was acting as post commissary at Tazewell, Tenn. , .January 20, 1864. On that da.te the rebels attacked our forces and drove in the pickets, and there was a Be i t enacted. &c., That the Secretary of the Interior be, and is hereby, au­ stampede among the teams, and claimant had charge of the teams at said time thorized and directed to place on the pension-roll, subject. to the provisions of and place· claimant was injured as he alleges. the pension laws, the name of Robert E. Stephens, late of Company :K, Seventy­ Claimant is unable to furnish any medical testimony of treatment for several first Regiment Indiana. Volunteers (afterward Sixth Indiana Cavalry), a.t th.e years subsequent to the war; the physician who treated him is dead. rate o($36 per month, in lieu of ~4 per month heretofore allowed him, as spec.l­ Thomas D. Odle testifies that hesawclaima.nt immediately after the war, upon fied in pension certificate 5247!>. his return fr01n the service in the spring of 1864, when he complained of his foot and leg hurting him; he walked lame, and has ever since; claimant has been The report (by ]')fr. MATSON) is as follows: unable to perform manual labor. The Committee on Invalid Peru ions, to whom was referred the bill (H. R. ·william Lincoln testifies that when claimant was mustered out he was badly 5525) granting an increase of pension to Robert E. Stephens, submit the follow- crippled and has been ever since, and can not do manual labor. · Dr. 0. D. Benson testifies to being acquainted with claimant twelve ye~rs; in!l:t!~:~ Stephens was a member of Compgny K, Seventy-first Indiana Vol­ that he has received a fracture of the second and third metatarsus bones of nght unteers (afterward Sixth Indkl.na Cavalry), and was mu ~ered into s. r~c~ July foot and most of the phalanges of same foot, causing anchylosis of the meta­ 24. 1862 and discharged on l\1ay25, 1865, on surgeon's certificate of disability for tarso, phalangal articulation, and atrophy of the muscles of the foot. The in- fr~ctur~ of rio-ht radius and ulna, also loss of right index finger by amputation, jury renders claimant unable to perform man!lallabo.r. . . received in the service and in the lino of duty, and for 'Vhich he is now receiv- Dr. De Hart testifies that he has known clrumant eight years; he IS diSabled, ing a pension for total third-grade disabili!'Y. . . . . as described by Dr. Benson. In ApriJ,1.865-, claimant ~ed his decla:ration for mcrease, a.llegm&" c!u'omc di­ Dr. Ross testifi.es to substantially the same condition of claimant. arrhea and mucous enteritiS of the entue colon, and fecal aecumrua.tion of tho Several neighbors of claimant corroborate these witnesses as to the continued colon the resnlts of sick:ne. contracted in the line of duLy. The records of the suffering from 1he injury since the war and his inability to perform manual War Depa.rtment disclose that claimant was in hospital at Lexington, Ky., from labor. September 15 to September 29, 1863,for remittent fever, and from there wns Special examination conducted at claimant's home in .June, 1884, shows con­ ordered to Convalescent Camp, Nel on, Ky., where he contracted chronic di­ siderable diversity of opinion as to when claimant incurred the injury for which arrhea for which he was treated and from which he has never recovere~. He he asks a pension. . . . furthe1! alleges he is broken down in bealth, and ba been compelled to gwe up Your committee have care!'ully exannned all the eVI.dence bearmg on the case business by rea.son of his a.ddltional disability. The ?ln.im was reje<:ted on the n.n.d believe the injury was contracted in the service and in the liue of duty, as ground tha.t the Pension Office could not grant the rncrE-ased pensiOn recom­ cla imant alleges. He is an old ma.n, broken in heal~h, a~d unable to support mended by the board of examining surgeon~ by r a.son of t~?e p~e ent law. . his family. 'Ve therefore recommeud the passage of the bilL Claimant files, in support of ills claim for Increase• .the affidaVI.t of Dr. Lewrs Shepard, a practicing physician of Hfteen yeru'S' slandmg, as follow : . There being no objection, the bill was laid aside to be reported to the "'l'hat since April,l875,I know that H:. E.. tepbens h~ bee~ under medJ?al House with the recommendation that it do pass. treatment almost continually. I trea.led h1m • nd adviSed b1m to treo.t Wlth 1886. CONGRESSIONAL RECORD-HOUSE. 2567

others, who gave him treatment without much relief. His symptoms were dis­ geon, who pronounced him suffering from .a severe heat (coup de soleil),from tre of the stomach, pains in route of colon, bowels sometimes loose, sometimes which claimant afterward became very much debilitated, resulting in claimant's constipated, and great nervous depression; also soreness, distention aud uneasi­ 1 discharge as being unfit for military service. • nes of some parts of the bowels. Diagonsis, chronic enteritis. He IS still suffer­ Claimant testifies that he was at the time of his enlistment and discharge a ing from these symptoDlS." practicing physician, and that for three years after his discharge he trn.Yeled in Dr. Clark Leavitt, a reputable physician of twenty-five years' standing, testi­ the hope of recovering his health, and he, in consultation with physicians he fie : met during his travels, treated himself. "Was well acquainted with claimant since the war, and a. close obseverofhis Dr. Lllughlin also swears that he knew claimant intimately from 1868 to 1878, healt.h, and treated him continually for fifleen years since 1865, and that his a.nd that during that period he was frequently called to examine him, and found health was bad. He suffered from derangement of the liver and stomach. I him suffering from an affection of the optic nerve and thickening of the cornea, treated his ailments time after time. These inconveniences and pains have been which greatly impaired his vision. Claimant was also suffering from neuralgia at times very severe, and there is little hope that he will recover from them." and vertigo, a result of sunstroke received at Vicksburg, July, 1863. J08eph B. Cheadele testifies: Dr. Kaggs also swears to the same state of facts. "Was a member of CompanyK, Seventy-first Indiana Volunteers (afterward Dr. J. T. Jones, late assistant surgeon of the One hundred and thirty-second Sixth Indiana Cavalry), and was intimately acquainted with claimant, and was Indiana Volunteers, testifies that he has known claimant intimately since 1880, his bunk-mate. He further declares that on or about September 29, 1863, from and that he has examined him frequently during this period and found him exposure incident to the service and eating unwholesome food, claimant con­ suffering continuously from neuralgia in the head and shoulders and also affect­ tracted chronic diarrhea; that he continued to be affiicted at intervals with said ing his eyes, impairing his vision, and vertigo, a result of a morbid condiLi<>n of disease until discharged, and since then to the present time; that he is now and the meninges of the brain and upper portion of the spinal chord, a.s a sequel of has been for years a. physical wreck, totally disabled from performing labor of a coup de soteil, an that his disability is now continuous. any kind. He knew from his own personal knowledge claimant had to decline The board of examining surgeons at Olney, 111., examined claimant June 14, an excellent business offer more than a year ago on account of his physical 1880, namely : Height, 5 feet 6 inches ; weight, 1.24 pounds ; age, 50; pulse, 136; afflictions. I was acquainted with him prior to the war, and knew him to be a respiration, 24; and find claimant suffering from neuralgia, inguinn.l beruia, ver­ physically sound and healthy man." tigo, and defective vision. His condition is such a.s to render him entirely unfit The board of examining surgeons on l\Iay 2, 1885, report existence of disabili­ for manual labor. ties alleged in his declaration for increase, and rate them at one-half total. The board of United States examining surgeons at Indianapolis, Ind., exam­ Your committee are of the opinion that the disabilities alleged were con­ ined claimant January 31., 1883, namely: Height,5~ feet; weight,l20; age, 53; tracted in the service and in the line of duty, and therefore report the bill favor­ pulse, 98; respiration, 19; and find him suffering witll right inguinal hernia, able with the following amendment: Strike out the words" thirty-six" and in­ neuralgia, vertigo, and impaired vision. They find his disability as described sert the words "twenty-eight," and we recommend the bill, so amended, do above to be equal to and entitling him to total U). pass. The boardofUnitedStatesexaminingsurgeons, Korth Vernon, Ind., examined claimant July 7, 1884, namely: Age, 54; height, 5t feet; pulse, !J7; temperature, The amendment of the' committee was agreed to; and the bill as 99f; respiration, 16; weight, 120 pounds; and they find claimant suffering from amended was laid aside to be reported to the House with the recom­ right inguinal hernia, severe neuralgic pains in head, eye , nnd chest; totally mendation that it do pass. incapacitated for manual labor, his heart veryirreguhu-,103 maximum. per min­ ute. They find the disability as above described to entitle him to a third-grade JOHN R. CRAVE :rs. rating. .A.tler a critical examination of the evidence submitted in this case, your com­ The next business on the Private Calendar was the bill (H. R. 3308) mittee, in consideration of the clear and inconh·overtible evidence of the hi.ghe t to increase the pension of John R. Cravens. character, medical and from his fellow-officers, showing tha.t clRimant 'vas en­ The bill was read, as follows: tirely free from the siege of Vicksburg, Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, author­ July 1 and 2, 1863. ized and directed to pl!I.(Je on the pension-roll of the United States the name of This latter application was rejected by the Pension Office, on the ground that Almira Russell Hancock, widow of 'Vinfield Scott Hancock, late a major-gen­ the disability was probably the result of causes existing prior to his ent-ering eral in the United States Army, and to pay her at the rate of $2,000 per annuw, the service. to take effect from and after the passage of this act, and subject to all the pro­ The evidence and papers in this case are very voluminous, the case having visions and limitations of the pension la.ws. been subjected to three or four special examinations. From the evidence now on file in this case the following facts appear to be The report (by :Mr. SwoPE) was read, as follows: clearly proven : The Committee on Invalid Pensions. to whom was referred the bill (H. R. 5SU) The claimant was entirely free from hernia, neuralgia, or loss of sight prior to granting a pension to Almira Russell Hancock, having had the same under care­ enlistment, and that he ha.~sufferedcontinuallyfrom hernia, vertigo,neuralgia, ful consideration, respectfully submit the following report: and loss of eyesight since his discharge, and in support of these statements the General Hancock was an illustrious actor in the critical hours and dark days following stron~ and unimpeachable evidence is given: which overshadowed the history of this country. It will never be disputed First Lieut. M. E. Ferguson, Peter Jacoby, l.:. D. Taylor, Leroy W. Parks, L. that he met all the demands of these great and memorable occasions with a pa­ A. Pike, William C. Pike, Chancy Howard, Daniel Rowland, James :M. Ha.rly, triotic self-consecration nnd with a matchless soldiership that was fruitful ol W. 0. Hamilton, A. L. Moore, and .Aaron Buckles swear that they were person­ good fortune to his country. Recorded results of General Hancock's part in pre­ ally and well acquainted with claimant before and at the time of his enlistment, serving the Union adorn our military annals. Gazetted for skill and gallantry and that he was entirely free from neuralgia, hernia, impaired vision, and ver­ ou the earlier battlefields upon which he figured, his record at Gettysburg and tigo. in the desperate struggles of the Wilderness is an im perish.able and priceless re­ Dr. A. F. Cummings, a physician of long experience and excellent standing, membrance. Believing in the institutions of his country, he defended them with testifies that· he has known claimant since boyhood, and was his father's family ardent zeal and at the cost of his blood. On great battlefields, where valor met physician from time claimant was fourteen years old. "I was intimately ac- valor, and where decisive results of war occurred, Hancock was often an emi­ • quainted with him, and abouta. year of the time he was a. medical student in my n~nt figure. There should be no scant gratitude to a soldier who lives in the an­ office. I never knew or heard of his being affiicted with ne1.1ralgia., defective nals of war for the Union among its most splendid characters. vision, or vertigo prior to his enlistment, but personally know he nas been a His death was a source of universal public grief, as his life had been a public sufferer contim;ally since his return from the Army." blessing. It was followed by quick testimonials in his honor throughout the Second Lieut. L. N. Woodcock testifies that he was well and personally ac­ L'\nd. .E>ery form of popular and official demonstration attested appreciation quainted with claimant prior and up to the time of his enlistment, and knows of a heroic defender of the Republic. Enemies whom he overcame in battle he was entirely free from impaired vision up to the time of and for a year after are his euJogists in company with the men he led against them. enlistment and that nfter the siege of Vicksburg he was ·compelled to wear Ile has passed into hist()ry without challenge of his honor and his succe , glasses, nnd complained of pains in the head and eyes, the result of sunstroke at where honor and success can be successfully challenged if there be flaw "i11 Vicksburg. either. Soldiers are judges and critics of soldiers. Before the tribunal of sol­ Dr. A. L. Stewart, assistant surgeon of claimant's regiinent, testifies that he ex­ dieTS Hancock's career is already of final record. Of military success he left; amined him carefully at the time of his enlistment, and at that time claimant was abundant memorials. Of his magnanimity Americans he defeated in war are entirely free from hernia., vertigo, neuralgia, or impaired vision. (Standing and cheerful witnesses. veracity of Dr. Stewart verified by the board of surgeons at Bloomington, Ill.) His services were all that could be demanded of patriotic endeavor and devo­ Colonel McNulty testifies that he was well acquainted with J. R. Cravens tion. As a type of American patriotism General Hancock will live in the his­ prior to and at the time of his enlistment, and that he personally knows claim- tory of his country and in the hearts of his countrymen regardless of sectional • ant was a. vigorons and sound man at the time of his enlistment, a.nd that he or party divisions. personally knows J. R. Cravens to have received a. sunstroke in the trenches Brave in war, "tender and true" in peace, his sympathies and active benev­ while in line of duty a.t the siege of Vicksburg, about July 1,1863, and that olence were to the last days of his life freely and almost lavishly expended in claimant, from the result; of the same, thereafter became very much enfeebled behalf of his sick and suffering comrades, their widows and their orphans. K o and disabled, and his discharge finally became necessary as a. result of said dis­ appeal from them ever fell upou his unlistening ear. The very last effort of his ability. (This witness's standing and service are verified by the Adjutant-Gen­ life was the dictation of a letter, which he had not strength to sign, making a. eraL) strong appeal in behalf of the widow of a deceased officer. Lieutenant-Colonel Laughlin, a practicing physician before the war, and now Supplementary to this report are papers which are official statements of Gen­ secretary of the board of United States examining surgeons at Bloomington, eral Hancock's services to his counliry; services which his countrymen recog­ DL1 testifies that he examined claimant at Vicksburg in July1 1863, and found nize as the sufficient and eloquent plea for what. General Hancock would have clarmant suffering from the effects of sunst-roke, and that claunant afterward wished Congress to do for his widow. became very much enfeebled and debilitated from effects of the same; that he The nature of the service in which General Hancock was engaged, the con­ was discharged as being unfit for military duty. st.'l.nt drain upon his pecuniary resources, made necessary by the position he Regimental Surgeon Ross testifies that he was surgeon of claimant's regiment occupied, and the further tax upon his means by his full-handed generosity to from November 19,1862, to August, 1865, and that be exa.mJned claimant for right unfortunate comrades, has lefli his widow in straightened circumstances and to inguinal hernia, after a long and tiresome march in Missouri., and found him some extent dependent on private liberality. This a grateful country should suffering from the same; and claimant was carried to his tent at Vicksburg July not; permit. This committee can not do better than to quote from the report of 1,1863, and was examined by Dr. Laughlin, an accomplished physician and snr- t.he Senate Committee on Pensions of the Forty-eighth Congress, which report 2568 CONGRESSIONAL RECORD-HOUSE. MARCH 19, wns ably drawn up by Mr. CuLLOM on the bill granting an increase of pension ended in the capture of the Mexican capital. He won a brevet for gallant and to the widow of General George H. Thomas. This report concludes as follows: meritorious services at Contreras and Churubusco, where he displayed those "Allhough o. pension of this amount has only been granted by Congress in one splendid qualities which, later and in a wider field, placed his name among the instance, in the case of the widow of Admiral Farragut, excepting the larger great soldiers of our Army. On his return from l\Iexico he served against the pensions to the widows of deceased Presidents, the committee believe that the Seminole Indians, and was engaged in quelling the disturbances in Kansas and widow of George H. Thomas should receive the greatest possible consideration Uta h. Upon the breaking out of the war of the rebellion he was appointed at the hands of Congress, and that the unusu::tl and exceptional allowance pro­ brigadier-general, and soon after major-general of volunteers. llis eminent po ed in· her case is a fitting and very appropriate recognition of the nation's in­ services as commander of the Second Army Corps are inseparably connected debtedness to her most distinguished husband." with the eventful career of the Army of the Potomac. Your committee agree fully with the foregoing sentiments, and considering A soldier wit.bout fear, a. citizen without reproaeh,. a patriot without guile, he this one of the exceptional cases in which it becomes their duty to recommend will ever be a noble and impressive figure in our history; and his countrymen a departure from ordinar~preccdent and policy, they heartily and unanimously will alwn.ys recall with pride and pleasure his heroic and inspiring conduct recommend the passage of the bill. during those last memorable hours on the field of Gettysburg. For his mer­ A. itorious and conspicuous share in that great and decisive victory he bas received the gratitude of t.he American people and the thanks of Congress. WAr. DEPA R T.llE::!Middle Department to August 9, 1866; commanding the Department of the Missouri to September 11, this ca.se where the services of General Hancock were so pre-eminent. 1867 · the fifth military district to March 16, 1868; the Division of the Atlantic Mr. PRICE. Mr. Chairman, the gentleman from Pennsylmnia. is a Mar~h 31, 1868, to March 19,1869; member of the court of inquiry in the case of little too sanguine in his anticipations; and while it is an unfortunate General Dyer to May 15, 1869; commanding the Department of Dakota from l'!Iay 17,1869 (president of a. board to examine officers unfit for the proper discharge fad that both of the bills referred to by him have been iodorsed by of their duties from October,1870, to January 11, 18n), to December 3,1872; the both Houses of Congress, it is equally apparent that they have not been Division of the Atlantic and Department of the East from December 16,18 72, to indorsed by the people of this country, nor ought they to be indor3ed. October 29. 1873; Division of the Atlantic to November 8,1877, and Division of the Atlantic and Department of the East to February 9,1886, when he died. I am not a military man, M.r. Chairman, but from the best informa­ J. C. KELTON, tion I have been able to gather on inquiry from those who are a.c­ Acting .Adjutant-General. qua.inted with the facts, I learn that there has been paid to General llan- • cock, brilliant, brave, generous, magnificent in all his proportions as B. ExECUTIVE MANSION, we all recognized him to be as a military man, the sum of $1G5,000 Washington, D. C., Ftbruary 9, 1886-4 p. m. during the last twenty-two years, besides perquisites and other com­ To head& of Depa1·tments: pensation which would make a sum at least equal to one-ha.lf the Tidings of the death of Winfield Scott Hancock, the senior major-general of amount which I have named. th~ Army of the United States, have just been received. A patriotic and valiant defender of his country; an able and heroic soldier; a. spotless and accom­ Ur. BINGHA1r1. He helped to sa>e the life of the country. plished gentlemnn, crowned alike with laurels of military renown, and the Mr. PRICE. And so did thousands and tens of thousands of others, highest tribute of his fellow-countrymen to his worth as a citizen, he bas gone as determined, as brave as he, but in a different capacity; men just as to his reward. It is fitting that every mark of public respect should be paid to his memory. deserving, and nothing has been given to their families to keep them Therefore it is now ordered by the President that the national flag be displayed from starving. Thousands of them left widows who are not pensioned at half-mast upon all the buildings of the Executive Departments in this city to this day. until after his funeral shall have taken place. DANIELS. LAMONT, 1\!r. BINGHAl\1. My interruption was made in good nature. Prit;ale Secretary. Mr. PRICE. A man may speak the words oftruthand earnestness, and yet not be angry. I am in earnest upon this question. [General Orders No.8.] The fact is, Mr. Chairman, it is our duty to teach men in high posi­ llBADQUARTERS OF THE ARMY, AnJUT.UiT-GE~""ERAL'S OFFICE. tions habits of economy in their every-day life; teach them to live as Washington, February 10, 1886. my constituents and I am compelled to live, and not encourage them The fo!lowing order has been received from the War Department: in extravagance. We must teach them to live in such a way that when 'V AB. DEPAnT~'T, Washington, D. C., February 9, 1886. old a.ge comes, or death comes, they will not depart, leaving their fam­ 'Vith profound sorrow the Secretary of War announces to the Army that Maj. Gen. Winfield Scott Hancock died to-day at Governor's Island, in the har­ ilies as pauper pensioners upon the Government that they sen·ed, and bor of New York. depend upon it to reward them. He was born at Norristown, Pa., February 14, 1824. Upon graduating from Such a policy as this contemplates is detrimental to the whole principle 'Vest Point be entered the Army July 1,1844, as second lieutenant of the Sixth Jufantry. After a short service in the Indian 'l'erritory he accompanied his of manhood and equal rights. Its t endency is vicious and corrupting; r<'giment to Mexico and took part in the brief but brilliant campaign which for it is liable to create a spirit of 1·eckless, wasteful expenditures. We 1886. CONGRESSIONAL RECORD-HOUSE. 2569 should rather teach these men to liveonabasisofeconomy; nottolive kind should go through-the tribute of the representatives of the peo­ to the utmost of their means, up to their last uollar, indulging in an ple to the widow of one of the grandest and most chivalric soldiers of array of foss and feathers, champagne and luxury, and then die and our war. [Applause.] . leave their families nothing but their dependence upon the Government. Mr. PRICE. I desire to make a correction of the statements just I repeat, let them exercise the same economy that I do and my con­ made by the gentleman from Pennsylvania [Mr. BINGHAM]. The gen­ stituents exercise, and then they would be self-supporting and not leave tl~man evidently labors under a mistake. He is mistaken in -saying dependent families. that I made the same speech here one year or two years ago as I have The compensation of a major-general or any other man occupying a made this evening. high rank in the milit..ary service is extremely liberal. It is not so Mr. BINGHAM. I have your speech here before me. meager that he can not be self-sustaining. I do not know whose meas­ l't!r. PRICE. That the same sentiment is embodied in a speech I may ure this is particularly, but I am going to assist in this one effort to have made here last year or the year before may be true. That speech break down a system that tends to weaken a man's self-reliance, a sys­ was made extemporaneously. My remarks to-night have been made tem that even the eloquent and distinguished gentleman from Penn­ extemporaneously. They were made awkwardly I presume then, and sylvanja can :find no excuse for except upon the score of precedents they have been made awkwardly perhaps now. Bot it couldnothave heretofore adopted. He proposes now to increase the number of prece­ been the same speech. dents, and no man can find an argument for it. It shocks every prin­ The gentleman from Pennsylvania says his feelings will not permit ciple of manhood. It violates every known cardinal idea. of equal him to take anything else than this. I will tell the gentleman a man's rights and equal justice. It is a principle that tends to crea.te a priv­ feelings are the poorest guide he can have in legislating. If a sense of ileged class, and fosters and induces an expenditure on the part of duty allowed me to consult my feelings in matters of this kind I would public men not in harmony with :their surroundings or with the prin­ pension them all ap.d give them all $2,000. But we have.not got the ciples o.f simplicity and economy commended by every good m:m, in­ money; and the strictest necessity requires that we shall treat them all cluding Grover Cleveland. as nearly alike as practicable. lf we do not we will be condemned by Let me tell yon. what he says: ''Men in official positions should not the people, and if the Government merits and receives the condemna.­ forget that they are still of the people and may do much by their plain tion of the people it will of course grow weaker every day. Pursue habits of living to inaugurate and encourage a system of economy this course, and the child is now born that will see our Government among the people that tends much to national prosperity." And broken into a thousand atoms. further: ''That the right of the Government to assess the earning3 of I knowas a general rule it is a commendable feature in humanchar­ the people is bounded by the necessities of the Government economi­ acterto be liberal. But a consideration of thatkind ought not to govern cally administered.'' us in our action here. We are not voting away our own money. We That one utterance of 1\Ir. Cleveland if crystallized into political ac­ are voting away the money of the people, for which we are accounta­ tiOI~ would place his name high among the statesmen of ancient and ble, and we are not justifiable in voting a single dollar unless for value modern times. received. Unfortunately, and it is a marked symptom of the decadence of the I know the House in the case referred to by the gentleman from times, it has not been put in practice either at the other end of the Pennsylvania by its vote overruled me. nut I know, too, that the Capitol or in this House. . gentleman from Pennsylvania two weeks ago had an experience in the A MEID3ER (in his seat). 0 temporal 0 mores! case of a pension bill that the sentiment of the people is changing on Mr. PRICE. The gentleman should speak louder; I did not h&.'llr this floor. Three years ago when I came here first the proposition to him. I do not like am:m who strikes below the belt. [Laughter.] increase the pension of a major-general's widow would not have been I may as well sum up the whole matter in this way: It is cowardly opposed perhaps bY' thirty contrary votes. But two weeks ago all the · for a man to strike another when he is manacled. It is equally so to eloquence of the gentleman f.rom Pennsylvania could not obtain the take advantage, unless it be absolutely necessary, of the one-manpower passage of his bill in a full House. - to defeat the wishes of the majority. But I insist the suggestion of the Encouraged by that step in the right direction I have assumed to say gentleman from Indiana most be complied with, bec:.mse that bill can here that this case must be submitted to a quorum of the House, and not pass here to-rught. that a higher plane of statesmanship must govern in the disposal of Mr. BINGHAM. I have no desire to antagonize the gentleman who this bill than govern(ld two years ago in the case of Mrs. Thomas. has just spoken. I regret the necessity of taking this bill before the ?Yir. RANDALL. What was the suggestion of the gentleman from Hou:;e in its full session, I remember distinctly having heard, and Indiana [Mr. MATSON]? having seen in the RECORD, the same argument and the same speech Mr. MATSON. I made the suggestion that the bill should be re­ made by the gentleman one year ago at an evening session in connec­ ported favorably, and that when we get into the House it should go tion with the 11ension to the widow ofUajor-General George H. Thomas. over with a number of others to be considered at the session of Friday In that case the gentleman threw the bill before the House in full ses­ next. sion, and the Honse in full session cordially and willingly by a large Mr. RANDALL. I suggest Monday instead of Friday. majority conceded the $2,000 pension. If the gentleman's position is l'tir. MATSON. It was mainly with reference to the business of the to be obstructive in this case, of course I most yield. But if the gen­ committee of the gentleman from Pennsylvania [Mr. RANDALL] that tleman will withdraw his opposition, I think it would be such a grace­ I proposed Friday. fnl and such a generous act, that I am satisfied the gentleman's own con­ Mr. RANDALL. The gentleman from Tennessee [Mr. Z.A.CH. TAY­ stituents would applaud him. LOR] has objected to this bill being considered on Friday, and therefore I had hoped that when this question came before this assembly to­ I suggest Monday. night ~ convened fo:r the special purpose of passing pension bills, the Mr. BINGHAM. Mr. Chairman, do I understand that the gentleman widow of General Hancock would be allowed to stand side by side on from Wisconsin [Mr. PRICE] really takes the ground that he objects in the record as the House bas :fixed it with the widow of Farragut and this case? the widow of Thomas. Of course I can not object if the gentleman Mr. PRICE. Mr. Chairman, I have not come to the place where I proposes to be obstructive. Only I thought it would be delightful if can take that ground yet. The gentleman from Indiana [Mr. MATSON] this thing conld be done in a generous way. has made a suggestion. I do not know that I can argue this question without looing control Mr. BINGHAM. Then let us take a vote, and if the gentleman from of my feelings. For four years I fought and served on the staff of Wisconsin [Mr. PRICE] is not going to object, we can soon dispose of General Hancock. And in a question as to what should be becoming to this bill. vote to his widow, I say I regret that by the precedents of this House Mr. PRICE. I have not said that I would not object either. I am fo:r_ped to fix the sum at $2,000. The bill introduced bytbe gen­ The CHAIRMAN. The question is on the motion that this bill be tleman from New York [Mr. PULITZER] placed the widow of Hancock reported to the House with the recommendation that it do pass. in line with the widows of the ex-Presidents of the United States. · The motion was agreed to. That would be more in accord with my feelings; for, with the excep­ tion of Lincoln, I know of no man of modern timeswhohasdone more CAROLINE ST1JRTZ. for his country, for civilization, for humanity, for liberty than Hancock The next businesi on the Private Calendar was the bill (H. R. 4El23) has done. [Applause.] granting a pension to CarolineSturtz, widow of Jacob Sturtz, deceased. Bot if the gentleman proposes to place himself in au obstructive po­ The bill was read, as follows: sition-and I make use of that term honestly and sincerely-! have not a Be it enacted, clc., That the Secretary of the Interior be, and he is hereby, author­ word to say. I trust that he will let this question come before this ized and directed to place on the pension-roll, subject to the provisions and lim­ itations of the pension laws, the name of Caroline Sturtz, widow of Jacob Sturtz, House to-night; and if it should be determined nouainst me I am will­ deceased, late of Company G, Twentieth 1\furyland Volunteers. ing to accept the alternative. But I do not wish to be put in the po­ sition of having to yield to the simple objection of one gentleman. The report (by Mr. SWOPE) is as follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R. The gentleman from Wisconsin [Mr. PRICE] will remember that one 4023) granting a pension to Caroline Sturtz, widow of Jacob Sturtz, deceased, late year ago, when the case of :M.rs. Thomas was before the House, he took of Company G, Twentieth Maryland Volunteers, having had the same under exactly the same position; but the judgment, the sentiment, the lib­ consideration, respectfully report: erality, and the magnanimity of the House condemned that position. That claimant's husband was pensioned for wound oftheneckandlowerjaw, I Mk the gentleman to-night to let the case go through as a case of this :~~~~~!1 •f6th~~i~~~Pr~X:;.t ;8~~~1!~~~ ~!~~~~j~~~ }~~t~it~~= 2570 CONGRESSIONAL RECORD- HOUSE. MARCH 19, case. The soldier died, I have no doubt, of cerebral apoplexy, in whlch the indurated, and a little seusitive to the touch, and there has recently been ob­ wound has no agency at all." The Secretary ef the Interior, to whom this case struction of the ducts from rolcu]j. The skin is of a deeply jaundiced hue over had been appealed, in hls review of it, states: the entire body, digestion poor, ann general nutrition bad. Such paroxysms as "The evidence in this case shows that the decea sed soldier was a sufferer he has just passed through occur three or four times a year. The president of from a. severe gunshot wound of face and lower ja.w,·and his health by reason this board saw him in one of these attacks about six weeks ago. The pain was thereof has been declining since his dischnrge from the service; that at the very s~ere. Our opinion i that disability wa incurred in the service." time of his death he was engaged in working over a fire, it being a very warm There is no question as to the continuance oft be disability since this claimant day, and it is alleged that in consequence of his.debilitatedcondition,resuJting wa discharged from the service, and a study of the history of this surgeon while from said wound, was stricken down and overcome with the heat, and that the in the service has conv inced this committee that the disability was in.curred di­ effects of the heat, too-ether with the wound, caused his death. There is no evi­ rectly in the line of duty, and also that, from the nature of the case, it would be dence in the case tending to show that the soldier's sudden death was connected extremely difficult or altogether impossible to furnish snch proof as would meet as a result with the gunshot wound on account of which he was pensioned. the requirements of th.e Pension Office. They therefore report favorably and Dr. Rutledge states that had he (the soldier) not been suffering with the wound recommend that the bill do pass. afore. aid, affiant is clearly of opinion he would not have died, as the work or the heat of themselves were not sufficient to hav-e caused his death." There being no objection, the bill was laid aside to be reported to the As your committee has had occasion frequently to ob erve, it is often a matter House with the recommendation that it do pass. of extreme difficulty to trace the consequences either of a wound or a disability through many years of sufferi.ug until it results finally in death, and to know FRED. J. LEESE. exacUy how much to attribute to the wound or how much is due to extraneous The next busin~ on the Private Calendar was the bill (H. R. 3624) causes. They are assisted in tills case very much by the clear evidence given by Dr. Jarrett, who testifies as follows: granting a pension to Fred. J. Leese. "I was called on to attend Jacob Sturtz on or about the 14th of June, 1865, for The bill was read, as follows: \ wowtd received while in the Army ; said wound was situated in the lower jaw, . lJ e it enacted, &c., That the Secretary of the Interior be, and be i hereby, au­ and was very extensive, involving nearly one-half of the jaw. Caries of the thorized to place on the pension-roll, subject to the provisions and limitations of bone took place and a greater part of the bone was discharged in the form of the pension laws, the name of Fred. J. Lee. e, late of Company 1\1, One hundred pus, mingled with fragments and ossicula of bone; acd I further state that the and ninety-eighth Regiment P.ennsylvani~ Volunteers. said wound was in my judgment the primary cause of the said Sturtz's death." Dr. Rutledge, who was also decedent's physician, states" that he was work­ The report (by 1\Ir. SwoPE) is as follows: ing over a. fire, it being a very warm day, and death wns caused partly by the wouud and partly by the heat." Here is the evidence of two attending physi­ The Committee on Invalid Pen ions, to whom was refen-ed the bili (H. R. 3G2t) cian , one of whom states directly that apoplexy was the result of the wound, granting a pension to Fred. J. Leese, respectfully report: and the other that it was partly the result of the wound and partly the result of This claimant was enrolled September 7, 1864, and was honorably discllarged exce ive heat. On general principles it may be stated that the direct eft"ects of at camp near Washington, D. C., June 3, 1865. He alleges that while in line of exce ive heat in any given case are dependent largely upon the physical con­ duty at camp near Petersburg, Va. . , on November 15, 186!, he contracted chronic dition at the time of the person who is subjected to it, so that a degree of beat diarrhea, from exposure to the weather and severe work in the building of forti­ whlch may be innocuous to a perfectly robust man may produce death in a de­ fications; that he has been a sufferer from said disease ever since. The proof as bilitated and broken-down constitution. Applying this principle to the case in to his freedom from di ease previous to service is satisfactory. After his dis­ band, your .committee find no difficulty in coming to the conclu ion that sol­ charge he mentions the names of three physicians who treated him for chronic dier's death was the result of injuries received in the service, and they there­ diarrhea, but alleges satisfactory reasons why he is not able to procure their fore recommend that the bill do pass. affidavits. He has also been procuring from DruggistWeis during the lnst four years various prescriptions and remedies for chronic diarrhea. Dr. Davis tes­ There being no objection, the bill was laid aside to be reported to the tifies that claimant was an office patient for about eight weeks during the year House with the recommendation that it do pass. 1872 and was treated for chronic diarrhea. Dr. Kalloch testifies that he treated hlm for chronic diarrhea in the year 1871. CHARLES T. REllER. Henry Ketzenmoyer testifies that while in military service and in camp near Petersburg, Va., he first noticed soldier's ailment; that he lay sick in his tent, The next business on the Private Calendar was the bill (H. R. 3831) and that affiant made a decoction of white-oak bat·k and gave it to him to allay granting a pension to Charles T. Reber. and stop his diarrhea, but that it was ineffectual, and then he applied to the surgeon, whose name is, he is informed, H. A. Grim; from that time on he knew The bill was read, as follows: applicant intimately and continuously to the present; that he had this ailment Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ at time of discharge and several times since; it is now in chronic condition; thorized to place on the pension-roll, subject to the provisions and limitations of that be is not able to do any heavy work and at tj.mes is entirely disabled. the pension laws, the name of Charles T. Reber, late sargeon of the Forty-eighth Charles Y. Levan states that claimant has been in his employ for the past eleven Pennsylvanin. Volunteers. years, ''and a more sober and industrious man can not be found; his disease is cluonic diarrhea, and ever since he has been with us carries medicine in his The report (by .Mr. SwoPE) is as follows: dinner-pail, which he must.tnke daily; oftentimes he is compelled to cease work Thc Committee on Invalid Pensions, to whom was referred the bill (H. R. 3831) on account of ailment." The board of examining surgeons, January 23,1884, granting a pension to Charles T. Reber, have had the same under consideration, state that an examination made at that date reveals the following facts: and submit the following report: ' 'Claimant alleges having on an average about five stools per .day; when the This claimant was must~red in October 1,1861, and was discharged February attack is severe many more, slimy and bloody in character. Iu general appeal"­ 23,1853. Re-ent~red the service August, 1863, as surgeon United States Volun­ ance claimant is not of vigorous health, pale complexion, .flabby muscles, tongue teers, and was discharged January 29, 1866. furred and fissured, abdomen tender and somewhat tympanitic increased dull­ H e alleges that in the summer and fall of 1862, while on the campaign in 1\Iary­ ness over liver, no definite trouble of spleen. The speculum shows great irri­ land, he contracted disease of the stomach and liver. He further states that tation and in..fl.ammation of the rectum." while acting as surgeon, and in line of duty from the Rapidan River to Antie­ The testimony shows that. claimant incurred diarrhea while in the Army, and tam, fromAugust14 to October6, 1862, he contractedin.fia.mma.tion of the stomach that it has continued ever since, interfering materially with his ability to earn and intestine , together with the liver and its appendages, caused by ov-erwork, a living; and your committee therefore report favorably, and recmnmend the loss of rest·, and insufficient, indigestible food, and that he treated himself for the passage of the bill. same until he obtained leave of absence on account of sickness, October 6,1862. He states further that these ailments have continued, becoming more aggra­ There being no objection, the bill was laid aside to be reported to vated with the passage of years, until he is now largely disabled fl·om the prac­ the House with the recomlD.endation that it do pass. tice of his profession and the means of procuring a. living. His claim was re­ M:r. MATSON. I move that the committee now rise. jected because of no record or olher sufficient evidence of incurrence while in the Army. •The motion was agreed to. The claimant explains the insufficiency of his medical record of treatment The committee accordingly rose; and Mr. CRISP, as Speaker pro tem­ while in the service by the fact that:, being the surgeon in charge of his regi­ pore, having resumed the chair, Mr. HATCH reported thattheCommit­ ment, part of the time with no assistance, with great sickness prevailing among the men, he was necessarily obliged to treat himself. He diagnoses his disease tee of the Whole House ha.d had under consideration business upon the ns beginning with diarrhea and piles, culminating in an attack of enterocolitis, Private Calendar, and had instructed him to report to the House sundry which compelled him to ask for leave of absence for twenty days. That during bills with various recommendations. the following winter he found he could not endure the fatigue and exposure of active service in the field, and offered his resignation, promising to re-enter the The SPEAKER pro temp, o1·e. The Clerk will report the bills reported service if able to do so. from the Committee of the Whole. • After the battle of Gettysburg he did re-enter as assistant surgeon. During The Clerk read the title of the first bill a bill (H. R. 5506) granting said service he had numerous mild attacks of indigestion, biliousness, and diar­ 1 rhea, but notwithstanding his protests and appeR.ls he was retained in the serv­ a pension to Eniily Louise Spicer. ice tmtil mustered out, January 29,1866. He goes on to describe how his disease .Mr. WHITE, of Pennsylvauia. Mr. Speaker, I rise to a question of increa ed in severity, becoming more aggravat-ed, until it resulted in severe at­ order. At the last evening session there were four bills passed over tacks of colic, accompanied by decided swelling in right epigastrium and hypo­ chondrium. He mentions quite a number of physicians who have treated him informally which I think should take precedence of the bills reported for this affection during the intervening years, some being now dead, and the from the committee to-night. What I want to get at is some way of testimony of others he is, for various reasons, unable to procure. Your com­ disposing of those bills which were passed over at last Friday evening's mittee are satisfied, however, that he was well and hearty when he entered the service; they are also reasonably well assured that he contracted disease as session. stated from overwork and exposure, and also that it has continued up to the · The SPEAKER pro tempore. The Chair will inform the gentleman p1·esent time. from PennsylYauia that the bill the title of which has just been re­ As to the present condition of claimant the evidence is full and complete. Dr. D. R. Van Reed testifies that in the spring of 1876 he treated claimant, in ported by the Clerk is the first of the bills passed over informally on consultation with other physicians, for chronic inflamma1ion of the duodenum last Friday evening. and gall-ducts, a.~companied with spasm of the gall-ducts and bladder, and since Mr. MATSON. Mr. Speaker, I asl{ unanimous consent that the th<>n has freq uently treated him for same complaints up to the present time. Dr. William G. 'Vilson testifies that he has been intimately acquainted with House make an order in relation to these bil1s that are now upon the claimant for sixteen y ears ; has seen him almost daily during that time; at­ calendar of unfinished bnsin~ and tho e which have been reported by tended him, in consultation with other physicians, for attacks of colic arising the Committee of the Whole House this evening under this special from congestion of liver; that he knows claimant has had other attacks of same nature for which other phys icians attended him, and that the debility re ulting agreement, and that those llills be taken up next Friday immediately from these attacks has materially incapacitated him from business pursuits. after the reading of the J ourna1, that the previous question be ordered Exan1ining Surgeon Barnard, in his examination made in July, 1883, "found upon the engrossment and third re.'lding of each bill, and that they a large .floatin g tumor; probably the duodenum involving the duct, and proba­ bly the gall-bladder may be implicated." then be considered. This incl\A des all the bills to which there i any The full boa rd of examiners made a special and thorough examination of this o~jection. case, under instructions from Dr. Hood, medical referee. They report: Ur. ZACH. TAYLOR. Mr. Spe.'lker, will that carry out the order "'Ve find no evi.:lencc of inflammation of the stomach or intestines or of any tumor in the side, but chronic hepatitis involving all the ducts, the stomach, that was attempted to be made here to refer these bills for the relief duodenum, and intestines sympathizing. The liver is now abnormally large, of Mrs. Benham, Mrs. Owen, and 1\Iary Howard Farquhar to the Honse 1886. CONGRESSIONAL RECORD-HOUSE. 2571 for consideration on Friday next immediately after the reading of the A bill~H. R. 5705) granting a. pension to Charles Wyant; Journal? A bill H. R. 502lj granting a pension to Mrs. Margaret A. Jacoby; The SPEAKER pro tempore. The Chair understands that to be the A bill H. R. 5307 granting a pension to Lieut. Joseph Prost; proposition of the gentleman from Indiana [Ur. MATSON]. A bill (H. R. 5332 granting a pension to Elizabeth Crowley; Mr. MATSON. The bill for the relief of Mrs. Farquhar has been A bill (H. R. 2623 granting a. pension to Sarah 0. Drummond; reported adversely, and therefore it goes out. The bill for the relief of A bill (H. R. 5074) to provide increase of pension to JamesWatem; !!irs. Owen remains on the Calendar, retaining its place. The Benham A bill (H. R. 5061) grantinganincreaseofpensionto Sa.muelBaker; bill goes over, of coU1'Se. A bill (H. R. 3321) for the relief of Samuel C. Fisher; !\1r. ZACH. TAYLOR. Because a special order was made in regard A bill (H. R. 5234) granting a pension to Jesse H. Gaines; to the Benham bill; but I understood that that would probably be the A bill (H. R. 4023) granting a pension to Caroline Sturtz, widow of last bill which would be referred to the foil House for consideration on Jacob Sturtz, deceased, late of Company G, Twentieth Maryland Vol­ Friday after the reading of the J oumal I thought that would be the unteers; last; but when we got going in that direction toanextentwhich would A bill (H. R.. 3831) granting a pension to Charles T. Reber; cut oR' all other business I felt it my duty to object, and I shall re­ A bill (H. R. 3624) granting a pension to Fred. J. Leese; new that objection now. Mr. MATSON moved to reconsider the several votes by which the The SPEAKER pro tempore. There are four bills which have come bills were passed; and also moved that the motion to reconsider be laid over from last Friday night's session and two or three that have been on the table. reported to-night to which the proposition of the gentleman from Indi­ The latter motion was agreed to. ana refers. When the bill (H. R. 5841) granting a pension to Almira Russell Mr. ZACH. TAYLOR. Mr. Speaker, would it not be well to let Hancock, widow ofWinfield Scott Hancock, lateamajor-generalin the the bills go over and take their position at the head of the Calendar United States .Army, was reached, . ne.xt Friday evening, except those as to which the committee has made Mr. PRICE said: I ask that this bill be laid aside for a separate vote. a special order to-night? The SPEAKER pro tempore. The bill will be temporarily laid aside. The SPEAKER pro tempore. The Chair will make known the re­ Amendments to the following bills were agreed to, and the bills as quest of the gentleman from Indiana [Mr. U.A.TSOY], which requires amended were severally ordered to be engrossed and read a third time; unanimous consent. and being engrossed, they were accordingly read the third time, and Mr. GALLINGER. Under the rules of the House Friday is set apart passed: for the consjderation of private business. Now, I happen to be a mem­ A bill (H. R. 704) granting a pensioa to Benja~in Dubach; ber of the Committee on Claims, which is devoting from two to six hours A bill (H. R. 5022) increasing the pension of Isabella J. Ramsdell; almost everyday to the consideration of reports. We have now sixty A bill (H. R. 4395) granting a pension to Betsey Martin; reports on the CaJ.enda.r; and I shall be compelled to object to this or­ A bill (H. R. 2975) granting a pension to Eliza A. Weeks; der being made so as to displace the regular order. A bill (H. R. 2179) granting a pension to Henry Barr; The SPEAKER pro tempore. Objection is made. A bill (H. R. 5706) for the relief of Elizabeth Leffman; Mr. McCOMAS. Would tho gentleman object if the proposition A bill (H. R. 5525) granting increase of pension to Robert E. Stephens; were so modified as to have the Hancock case considered on Monday A bill (H. R. 3308) to increase.the pension of John R. Cravens; the and the remaining cases on Friday? title was amended so as to read ''A bill to increase the pension of J o­ Mr. ROGERS. I desire to suggest what may be a solution of this seph R. Cravens;" and question. At this late period of the session Monday is not occupied A bill (H. R. 5306) granting a pension to Roxana. V. Rowley and son. entirely with the introduction of bills. I there!ore propose that the previous question be considered as ordered now on these four bills, to­ MRS. LAURA HENTIG. gether with the other three that have been laid aside, so that they will Mr. MATSON. i ask tha,t the bill (H. R. 2464) to increase the pen­ come up next Monday immediately after the reading ofth0Journal. sion of Mrs. Laura Hentig be included in the order moved by the gen­ :Mr. BINGHAM. What are the three bills laid aside to which the tleman from .Arkansas [Mr. RoGERs], and that it shall go over until gentleman from .Arkansas [I!!r. ROGERS] has just referred? Monday next after the reading of the J onmal, to be voted on under the The SPEAKER pro tempore. There were four bills laid aside on last operation of the previollS question. Frida.y night. There was no objection, and it was so ordered. Mr. BINGHAM. What bills have been laid aside to-night? 1\I.RS. E. .A.. BENH.A.!li. Mr. UATSON. None yet. The SPEAKER pro tempore. The bill (H. R. 229) for the relief of Mr. BINGHAM. Only two, as I understand-the Benham bill and Mrs. E. A. Benham, widow of Bvt. Maj. Gen. Henry W. Benham, de­ the Farquhar bill. ceased, in accordance with the recommendation of the Committee of Mr. ZACH. TAYLOR. I would be glad to luwe that order made. the Whole House on the Private Calendar, will be laid upon the table. I know of no objection to it on the part of any one. The bill (S. 812) granting a pension to Mrs. E. A. Benham was or­ The SPEAKER pro tempore. The gentleman from .Arkansas asks dered to a third reading, and it was aRICE. I move that bill be included in the motion of the gen­ Private Calendar to which there was no objecton will now be taken up tleman from Arkansas. and passed. . Mr. BINGHAM. State what that order is. PENSION BILLS P .A.SSED. The SPEAKER pro tempore. That the bill be considered a8 having been engrossed and read the third time, and the previous question as Bills of the following titles, reported favorably from the Committee ordered on the vote to be taken after the reading of the Journal on of the Whole House on the Private Calendar, were severally taken up, Monday next. ordere~ to be engrossed. for ~ third reading; and being engrossed, were 1!1r. BRADY. Let the Hancock bill be taken up first. accordmgly read the third tl.llle, and passed: Mr. PRIC.~. My proposition is that it be included in that order. A bill (H. R. 2793) granting a pension to Silas James; :Mr. RANDALL. The·request of the gentleman is an objection. A bill (H. R. 4346) granting a pension to Elijah W. Putney; Mr. BINGHAM. I want a YOte now. A bill (H. R. 1937) for increase of pension to A. Schuyler Sutton; Mr. RANDALL. You can not have a vote if it be objected to. A bill (H. R. 5729) granting a pension to Elizabeth Warner; Mr. BINGHAM. If that is the fact I am perfectly willing to let it· A bill (H. R. 1344) granting a pension to William H. H. Gillespie; be included. If gentlemen will not call a quorum, I desire to have a. A bill (H. R. 5692) for the relief of James B. Russell; vote to-night. A bill (H. R. 4631) granting a pension to 1!-Iary Merrill; The fSPEA.KER pro temp01·e. In that case the question is on the en­ .A. bill (H. R. 1279) granting a pension to Da.rius M. Seaman; grossment and third reading of the bill. A bill (H. R. 1707) granting a pension to Elijah P. Hensley; The question was put, and the Chair declared the ayes seemed to A bill {H. R. 4977) granting a pension to .James N. Hair; have it. 2572' CONGRESSIONAL RECORD-HOUSE. MARCH 19,

Mr. PRICE. I call for a division. ages in the District of Columbia-to the Select Committee on Alcoholic The House divided; and there were-ayes 25, noes 4. Liquor Traffic. :Mr. PRICE. No quorum. By Mr. FISHER: Memorial of Knights of Labor of Manistee, Mich., Mr. RANDALL. The only way to pass the bill is to accede to the asking for an eight-hour law-to the Committee on Labor. request that it be included in the order. Also, memorials of the Knighta of Labor of Bay City, of Esse~ ville, Mr. BINGHAM. I had hoped we would be able to pass it here to­ and of Oscoda, Mich., for liberal appropriation for public improve· night. ments-to the Committee on Railways and Canals. Mr. PRICE. I now suggest by unanimous consent the bill be in­ Also, memorial of Knights of Labor of Oscoda, Mich., against Chinese cluded in the order, and let it go over to be voted on next :Monday after immigration-to the Committee. on Foreign Affairs. . the reading of the Journal. By Mr. FUNSTON: Petition of citizens of Wellsville, Kans., for the There was no objection, and it was ordered accordingly. passage of House bill No. 3183-to the Committee on the Judiciary. Mr. ~lATSON moved to reconsider the several votes bywhich the bills By Mr. GIFFORD: Petition of the Chamber of Commerce of Bismarck, were passed; and also moved that the motion to reconsider be laid on the Dak., for a more equitable distribution of the appl'Opriation for the im· table. provement of the Missouri River-to the Committee on Rivel'S and The latter motion was agreed to. Harbors. And then, on motion of .Mr. MATSON (at 10 o'clock and 20 minutes By Mr. HALSELL: Petition of 3,500 citizens, praying for the pur· p. m.), the House adjourned. chase by the United States Government of the franchise of the Green and Barren River Navigation Company in Kentucky, and opening said PETITIONS, ETC. rivers to the commerce of the country-to the same committee. The following petitions and papers were laid on the Clerk's '\lesk, By Mr. T. J. HENDERSON: Memorial of Knights of Labor, Local . under the rule, and referred as follows: Assembly No. 3739, of Geneseo, IlL, favoring the Hennepin Cannl-to By Mr. ARNOT: Petition of citizens of Tompkins County, New the Committee on Railways and Can..'tls. . York, relative to pensions-to Committee on Invalid Pensions. By Mr. HOLUEti: Petition ofisaacCrouse and 175 others, Des :Moines Also, petition of citizens of Seneca County, New York, protesting River land settlers and citizens of Webster County, Iowa, praying for against fraud under the patent laws of the United States-to the Com­ the passage of the bill for the relief of said settlers, notwithstanding mittee on Patents. the veto of the President-to the Committee on the Public Lands. By ~lr. BARBOUR: Papers in the case of Emanuel E. Downham and Also, protest of citizens of Boone County, Iowa, against the passage Henry Strauss-to the Committee on Ways and Means. of a bankrupt law-to the Committee on the Judiciary. _ Also, papers in the claim of Theodore Teed, of Alexandria, Va.-to Also, petition of W. H. Mitchell and 43 others, ex-soldiers aud citi­ the Committee on Claims. zens, and of T. B. Kaufman and 3G others, ex-soldiers and citizens of By Mr. BINGHAM: Petitions of citizens of Philadelphia, Pa., ask­ Wright County, Iowa, praying for the passage of the bill embodying ing for the establishment of postal savings-banks-to the Committee on the recommendations of the Grand Army of the Republic-to the Com· 1.he Post-Office and Post-Roads. mittee on Iuvalid Pensions. By Mr. BOUTELLE: Petition of citizens of Machias and of Harring­ By Mr. JAMES: Petition of 29 merchants and manufacturers of ten, Me., in behalf of a law to permit the masters and mates of sailing Troy, N. Y.; of 42 commercial travelers of New England, and of 21 vessels to be licensed as pilots-fo the Select Committee on American merchants and manufacturers of Richmond, Va., to abolish license fees Ship-building and Ship-owning Interests. imposed on commercial travelers-to the Committee on Commerce. By Mr. W. C. P. BRECKINRIDGE: Memorialandresolutionofthe Also, petition of the ''alliance of ladies organized for the promotion of . General Assembly of the Commonwealth of Kentucky, to secure an ap­ social pnrity ' ' and of the officers of theWoman's Christian~em perance propriation to lock and dam the Licking, Cumberland, Green, and Trade­ Society of the District of Columbia, asking for the enactment of Senate Water Rivers-to the Committee on Rivers and Harbors. bill 1765-to the Committee on the District of Columbia. Also, memorial and resolution ofthe Genernl Assembly ofthe Common­ By Mr. LIBBEY: Petition of Hon. C. H. Causey and others, citizens wealth of Kentucky, requesting the passage of a bill to prevent the re­ of Nansemond County, Virginia, praying for an appropriation for the tirement of Capt. James E. Jouett, of the United States Navy-to the improvement of the Nansemond River, Virginia-to the Committee on Committee on Naval Affairs . Rivers and Harbors. 1 .By Mr. W. W. BROWN: MemorialoftheKnightsofLabor, Assembly By Mr. LONG: Petition of Staples Phillips and 61 others, to allow No. 3903, of Eldred, and of the Knights of Labor, Assembly No. 4364, of domestic sailing vessels the same privileges as to pilotage that are al· Aiken, Pa., praying for the construction of the Hennepin Canal-to the lowed domestic steamers-to the Select Committee on Ametican Ship· Committee on Rail ways and Canals. building and Ship-owning Interests. Also, petition of Post No. 355, praying for the passage of the several By :M.r. LYMAN: Resolution of the General Assembly of the State pension bills recommended by the Grand Army of the Republic-to the of Connecticut commending the application of Mrs. Betsey A. Mower, Committee on Invalid Pensions. for allowing back pension-to the Committee on Invalid Pensions. By Mr. BURROWS: Petition in favor of the continued coinage of Also, resolution of t.he General Assembly of the State of Connecticut, silver-to the Committee on Coinage, Weights, and Measures. relative to the duty on tobacco-to the Committee on Ways and 1\feans. By Mr. CONGER: Petition of members of Bear Creek monthly meet­ By Mr. McCOMAS: Petition of Knights of Labor of Barton, Md., ing of Friends, of Dallas County, Iowa, praying for legislation to pro­ in favor of Hennepin Canal-to the Committee on Railways and Canals. mote peace among nations, &c.-to the Committee on Foreign Affairs. Also, petition of same, to pay employes of the Public Printing Office By Mr. COWLES: Petition of citizens of Catawba County, North better wages-to the Committee on Labor. Carolina, ask"'ing for national aid to education-to the Committee on Also, petition of Thomas N. Pindle, for payment of money due him Education. as assistant assessor and deputy marshal-to the Committee on War Also, petition of citizens of Cleveland County, North Carolina, ask­ Claims. ing that a bill be passed to pay expenses of postmasters of the third and Also, petition of George Hoing, of .Alleghany County; of James B. fourth class for rent, light, fuel, and for other relief-to the Commit­ Elgin, of Montgomery County; of estate of Joseph P. Fleming, of tee on the Post-Office and Post-Roads. Frederick County; of Isaac Ramsburg, of Washington County, and Eli By Mr. CUTCHEON: Petition of Local A.ssem"9ly 2366, Knights of Bowman, of Montgomery County, Maryland, for payment of their war Labor, of Cadillac, Mich., in favor ofliberal apprapriations for public claims-to the same committee. works, and especially for the Hennepin Canal-to ·the Commi~tee on Also, petition of James H. Elgin; of David Coffman, and of Eliza S. Railways and Canals. Jones and others, asking that their war claims be referred to the Court Also, petition of ladies of Manistee, Mich., and ofbusiness men and of Claims-to the same committee. citizens of Manistee, Mich., favoring an amendment to the Constitu­ By Mr. McKINLEY: Petition of soldiers and sailors of Akron, Ohio, tion guaranteeing the right of suffrage to women-w the Committee on praying that every soldier or sailor of the late war be granted a pen­ the Judiciary. . sion-to the Committee on Invalid Pensions. By Mr. DAVIS: Petition of Humphrey W. Seabury and 31 others, Also, petition of Knights of Labor Assembly No. 190, of Thomas­ citizens of New Bedford, and owners and masters of sailing vessels; of town, Ohio, indorsing the plan for the construction of the Hennepin John Holmes and 41 others, citizens of Dukes County, and owners and Canal-to the Committee on Railways and Canals. masters of sailing vessels, requesting the passage of a law to allow mas­ By Mr. MERRIMAN: Petition of Henry C. Potter and others, for ters and mates of sailing vessels to be licensed as pilots-to the Select the establishment of postal savings-banks-to the Committee on t]?"' Committee on American Ship-building and Ship-owning Interests. Post-Office and Post-Roads. By Mr. DINGLEY: Memorial of Assembly 4595, Knights of Labor, By Mr. MILLARD: Petition of W. W. Mallory and others, for addi· of Auburn, Me., in favor of an appropriation for building the Hennepin tional pension legislation-to the Committee on Invalid Pensions. Canal-to the Committee on Railways and Canals. Also, petitions of John Stebbins and others, and of L. E. Kinney and Also, memorial of officers of Society for Protection of Young Girls in others, of New York, for postal savings-banks-to the Committoo on the District of Columbia, for legal protettion for young girls-to the Com­ Post-Office and Post-Roads. mittee on the District of Columbia. Also, statement wit.h regard to clerks in Departments-to the Com­ By 1\Ir. EVERHART~ Petition of 50 votel"S and 39 non-voters and mittee on Appropriations. of 62 voters and 81 non-voters of Chester County, Pennsylvania, pray­ By Mr. 0' HAnA: Petition of the Rapides Educational Society, pray· ing for a law prohibiting the sale and manufacture of alcoholic bever- ing for the passage of the Blair bill-to the Committee on Education. 1886. CONGRESSIONAL RECORD-HOUSE. 2573

By Mr. CHARLES O'NEILL: Petition of the Philadelphia Board of HOUSE OF REPRESENTATIVES. Unclerwriters, favoring the placing of a fog-trumpet and light-ship off Cape Charles-to the Committee on Commerce. SATURDAY, March 20, 1886. ·. By Mr. P .A YNE: Petition of S. S. Peirson and others, of Newark, The House was called to order at 12 o'clock m. by Hon. JoHN B. Wayne County, New York, for postal savings-banks-to the Commit­ CLARK, its Clerk. tee on the Post-Office and Post-Roads. The CLERK. In the temporary absence of the Speaker, the Clerk By Mr. PETTIBONE: Petition of Elzira Hamilton, of Claiborne has called the House to order, and nominations for Speaker pro iempgrains troy ofstandard silver to the dollar, upon like terms and conditions as gold is now coined for Also, petition of George W. Cunningham and 55 other soldiers, pray­ private holders; that the standard silver dollar heretofore coined and herein ing for the passage of the bill to pay the soldiers the difference between provided for shall be the unit of account and standard of value in llke manner gold and greenbacks-to the Committee on War Claims. as now provided for the gold dollar, and shall be a legal tender for all debt.s. public and private, except where otherwise stipulated. Also, petition of A. Hamilton and 35 others, of Iowa, for Congress to SEc. 2. That so much of the provisions of the net of February 28, 1878, entitled lend money to t)le people, not more than $10 per capita, when called "An act to authorize the coinage of the standard silver dollar and restore its for by a joint resolution of the Legislature of any State-to the Com­ legal tender character," as provides for issuing certificates on the deposit of silver dollars, shall be applicable t.o the coin herein named; and so much of the said mittee on Banking and Currency. act of February 28,1878, as provides for the purchase of silver bullion t.o be coined Also, petition of Thomas F. Barbee and 23 others; and of A. Hamil­ monthly into standard silver dollars, be, and the same is hereby, repealed. ton and 50 others, of Iowa, for the organization of Oklahoma Territory­ SEc. 3. That the Secretary of the Treasury is hereby autherized to adopt such to the Committee on the Territories. rules and regulations as may be necessary to enforce the provisions of this act. By Mr. WOODBURN: Papers relating to the claim of James White­ 1\fr. LANHAM:. Mr. Speaker, I ask that the report of the minority head-to the Committee on Claims. as well as the majority of the committee be printed in the RECORD in . The following petitions, praying Congress to place the coinage of silver this connection. upon an equality with gold; that there be issued coin certificates of one, There was no objection, and it was so ordered. two, and five dollars, the same being made l~gal tender; that one and The majority report (by ~Ir. JA:llES) is as follows: two dollar legal-tender notes be issued, and that the public debt be paid The Committee on. Coinage, Weights, and Measures, to whom was referred the bill H. R. 5690, submit the following report: as rapidly as possible by applying for this purpose the idle surplus now That they have carefully considered the same, and the majority is of the opin­ in the Treasury, were presented and severally referred to the Committee ion that the passnge of such a bill would be injurious to the public interest, and, on Coinage, Weights, and ~Ieasures: with o.n expression of their unqualified condemnation, they report the sa~ ad­ By Ur. J. B. WEAVER: Of E. N. BirasaU and 100 others, of Illi­ versely, and ask that it be put upon the Calendar. nois; of L. E. Keller ancl55 others, of Dakota; and of R. U. Williams The views of the minority, submitted by Ur. BLAND, are as follows: and 33 others, of Dakota. Gold and silver have been used as precious metals, and for the purpose of com­ mercial exchange, from time immemorial, and have, from the beginning of The following petitions, praying Congress for the enactment of a law civilization, been recognized as money at certain ratios of value. One of the fun­ requiring scientific temperance instruction in the public schools of the damental principles of metallic money is that nature supplies the volume; the District of Columbia, in the 'l'erritories, and in the Military and Nn,val stock on hand of gold and silver throughout the world, together with that which from time to time is being extracted ft·om the mines, constituting the monetary Academies, the Indian and colored schools supported wholly orin part supply. Consequently, the volume is not subject to the control of the legislator. by money from the national 'l'reasury, were presented and severally Without going into the history just at this time of metallic money in the various referred to the Committee on Education: countries of the world, suffice it to state that gold being used in one country ex­ clusively, silver in another, and still others both gold and silver,llS standard of By .Mr. FULLER: Of citizens of Winneshiek, :Mitchell, and Floyd money, constitutes the world bimetallic. Counties, Iowa. Recognizing this fact, and t·he further fact that by common law both gold and By 1\ir. ROWELL: Of citizens of De Witt, Logan, and McLean silver weremoneyin the colonies, our fathers con\tiluted thiseountry bimetallic Counties, Illinois. when they provided t.bat the States should make nothing but ~old and silver legal tender for the payment of debts, and by the first act {1792) authorized the By Mr. SENEY: Of William Harman and others, of Seneca County, coinage of both gold and silver as the full legal-tender money. Also, recogni~g Ohio. the principle that nature, in the manner stated, should supply the volume ot :By Mr. J. W. STEWART: Of citizens of Franklin, Chittenden, and money, the only duty that devolves upon the legislator is to establish, by law. the ratio of value for the coinage of the two meta s, and to provide for the uh· Addison Counties, Vermont. limited or free coinage of both at the ratio established. They opened the minta