1428 OOKGRESSIONAL RECORD-HOUSE. FEBRUARY 24, 

establish post-routes; which were referred to the Committee on PostOffices and Post-Roads, and ordered to be printed. 

MESSAGE FRO:ll THE HOUSE. 

A messa(J'e from the House of Representatives, by Mr. McPHERSOX, 

its Clerk, ~nnounced that the Honse had passed the following bills; 

in which it requested the concurrence of the Senate : A bill (H. R. No. 1400) for the relief of Carlile Boyd; 

A bill (H. R. No. 1516) granting arrears of pension to Mrs. Annie 

A. Hays; 

A bill (H. R. No. 1521) granting a pension to Su an R. Johnson; 

and 

A bill (H. R. No. 1612) for the relief of William P. Chamhlis . 

PAPERS 'WITHDRAWN .M\"D REFERRED. 

On motion of 1\lr. COCKRELL, it was 

Ordered, That the papers in the case of B.. B.. Connor, now on the files, be t ak en therefrom and refe.rred to the Committee on Claims. 

ADJOUM~~-r TO !\IOXDA Y. 

On motion of 1\lr. VOORHEES, it wa 

()rdered, That when the Senate adjourn to-day, it be to meet on Monday next. 

l1017 E BILLS REFERRED. 

The bill (H. R. No. 1400) for the relief of Carlile Boyd was read 

-twice by its title, and referred to the Committee on Military Affair . The bill (H. R. No. 1516) granting arrears of pension to llis. Annie 

A. Hays was read twice by its title, and referred to the Committee on 

Pensions. 

The bill (H. ·R. No. 1521) gmnting a pension to Susan R. John on was read twice by it title, and referred to the Committee on Pen-

·sions. 

The bill (H. R. No. 1612) for the relief of William P. Chamblis was read twice by its title, and referred to the Committee on Military AffaiT . CHD.'"E.: E ll\11\fiGRATIOX. 

Mr. MILLEH, of California. I move to take up the bill (S. No. 71) 

to enforce treaty stipulations relating to Chinese. 

The PRESIDING OFFICER, (Mr. INGALLS in the chair.) The 

question is on the motion of the Senator from California. 

Mr. BAYARD. I shall not oppose the taking up of that bill if i~ 

·can be taken up coupled with the understanding that when action ,of the Senate has been had upon it the tariff-commi sion bill hall 

become the regular order. 

The PRESIDING OFFICER. The only question before the Sen- .ate is whether it will proceed to the considerat ion of the bill moved 

by the Senator from California. 

Mr. BAYARD. I feelit to be my duty to pre son the consideration 

-of the Senate the tariff-commission bill. I do not deny at all the relative importance of the bill relating to Chinese immigra.tion to our friends upon the Pacific side, and I am disposed to belien that I .sympathize with them in their desire to pass it; but that is not the 

.question. It is a matter for the Senate to decide upon the precedence 

to be given to measures ofpublic interest. I know of none more im-

-portant now to the business interest of this country than that the 

tariff-commission question should be settled by the Senate. If we -can come to a vot.e on that, the sooner the better. But I trust the 

.Senate, with this notification, will not agree to take up the measure ;guggested by the honorable Senator from California. I say it not 

with the slightest idea or the slightest intention of antagonizing the 

:final success of his measure; but merely as to the order of discus ion~ 

1 consider that the tariff-commission bill should have its place and 

.should keep it. Therofore I trust the Senate will not agree to the 

proposition of the Senat.or from Californi:J., and if it shouln be defeated I shall then move to take up the tariff-commission bill. 

Mr. FARLEY. Mr. President, I have no doubt that the motion of 

my colleague ou~ht to prevail. This is a matter which the people . of the entire PaCJfic coast, and I think of this coast, have a very important interest in ; and unless we can get action upon the bill at an -early day, in all probability the occasion for the bill will have passed 

away. Every steamer that has come from China for the last three or four months has come in loaded with Chinamen, and they are bringing disease upon our coast, they are injuring our interests in 

every respect. In addition to that, those Chinese who arrive here 

before this bill becomes a law will not be subject to the provisions 

of the act. Now, if we can get this bill up and can have action upon 

it, I hope it will not t::~.ke two days to discuss it and pass it or defeat 

it. The people of our whole coast, and I think those on this side, are interested in the consideration of the question. We have plenty .of time to consider the tariff-commission bill. That bill has been debated on this floor, and its consideration has been gone through with 

by a number of Senators. · - Mr. BAYARD. Then let us have a vote on it. 

Mr. FARLEY. The Chinese bHl will not delay action on the tariff 

'bill more than one or two days; and roy colleague and myself have 

.agreed that if atanyperiod it seems likolytotakeup moretimethan 

it ought to take, we will consent that it shall go over as unfinished 

business and allow other matters to be taken up. For that reason I 

insist that the motion of my colleague ought t-o prevail at this time. - The PRESIDING OFFICER. The quet:~tion is on the motion of 

the Senator from California, [Mr. MILLER.] 

Mr. BAYARD called for the yeas and nays, and they were ordered. 

The Principal Legislative Clerk proceeded to call the roll. 

Mr. CAMDEN, (when his name was called.) I am paired with 

the Senator from Rhode Island, [Mr. ALDRICH.] 

The roll~call having been concluded, the re ult wa announcedyeas 35, nays 16 ; a follow : 

Brown, Butler, Call, 

Cameron of \\i .. , 

Coke, 

Con~er, 

Da.VLS of Illinoi , Edmund , Fair, 

Alii on, Anthony, Bayard, Book, 

YEAS-a.J .. 

Farley, .Tones of Kevada, Goorge, Kellogg. HamJ?ton, Lapham, Hams, McDill, Harrison, Maxey , Hill of Color atlo, Miller of Cal., Inp;alls, Pendleton, .Tonaa, Plumb, Jones of Florida, Pugh, 

N.A.YS--16. 

CruneMn of P a., Hawley, DawE's, McMilla n, Ferry, Morrill, Garland, Platt, 

ABSE~T-25. 

Aldrich, Groome, Lam:~.r, 

Blair. Grover, Lo!mn. 

Camden , Hale, Mo'Phen;on, Cockrell, Hill of Georgia, Mahone, Davis of "\V. Va. , Hoar, Miller of N.Y. , Frye, .Jackson, Mitchell, Gorman, .Johnston, Morgan, 

Saunders, 

Sawyer, Sherman, Slater, 

Teller, 

Vance, 

Vest, 

Walker. 

Ransom, Rollins, 

Saulsbury, 

Voorhees. 

Sewell, 

VanWyck, Wi.l.liallls 

Wind.om .. ' 

So the motion wa agreed to; and the Senate, as in Committee oi 

the Whole, proceeded to consider the bill (S. No. 71) to enforce treat,-

stipulations relating to Chinese. 

EXECUTIVE SESSIOS. 

Mr. GARL.Alo.J). I move that the Senate proceed to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the con- sideration of executive business. After fifty-two minutes spent in 

executive session the doors were reopened, nnd (at four o'clock and 

fifty minutes p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

FRIDAY llebruary 24, 1882. 

The House met at twelve o'clock m. Prayer by the Chaplain, Rev. 

F. D. POWER. APPROVAL OF JOURNAL. 

The Journal of yesterday was read. 

?tlr. JOYCE. I was not present when the JoliTnal was read, but 

the gentleman from Massachusetts [Mr. ROBINSON] haa stated to mu that it does not correctly state the action taken with re'gard to some sections which I moved to strike out in the District code bill last evenin~, and which were passed over to be aft.erward returned t~. 

The SPEAKER. It is so stated in the Journal. 

l\1r. ROBINSON, of Massachusetts. It was not so read . The SPEAKER. That part of the Journal will be read again. 

The Clerk read as follows: 

Mr . .JOYCE, byunRllimous consent, moved to strike out sections 193 to 198 in.cla.- sive, and insert ln lieu thereof the following amendment as one section: 

Pending which, 

Mr. GEORGE D. ROBIXSON moved to amend section 193 by striking out the wonl 

"nor" ~nd inserting in lieu thereof the words "or to sell such liquors, wines, oc cordials." I 

Ordered, That said sections be passed onr for the present. 

l\lr. ROBINSON, of Massachusetts. That is all right . The Journal was then approved. 

JOirn' H. JO~ES AND THO?tiAS D. HARRIS. 

1\Ir. McKINLEY, by unanimous consent, introduced a bill (H. R. 

No. 4656) for the relief of John H. Jones and Thomas D. Harris; 

which was read a first and second tlme, referred to the Committee on War Claims, and ordered to be printed. 

ORDER OF BUSINESS. 

Mr. SPAULDING. I ask unanimous consent to have taken frora 

the Private Calendar for present consideration Honse bill No. 804-

Mr. BLAND. I call for the regular order. 

PRL."'TING FOR JUDICIARY C0:\1!\fiTTEE. 

1\Ir. 'VILLITS. I am directed by the Committee on the Judiciarr 

to submit the resolution which I send to the desk. 

The Clerk read as follows: 

Resolved, That certain papers before the .Judiciary Committee relative to an additional Representative for the State of Nebraska be printed for the use of sa.id. committee . 

There being no objection, the resolution was considered and adopted. 

Mr. WILLITS moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be 

lajd on the table. 

The latter motion was agreed to. ' 
1882. CONGRESSIONAL RECORD-HOUSE. 1429 

PRINTL~G Sl\HTHSO~IA..~ REPORT, ETC. 

Mr. HUMPHREY, by unanimous consent, introduced a joint reso- lution (H. N.. No. 144) authorizing the Public Printer to print reports 

of the Smithsonian Institution and National Museum; which was read a first and seco~.l(l time, referred to the Committee on Printing, 

and ordered to be printed. 

LEAVE OF AB E~CE. 

Mr. 'VEBBER, by unanimous consent, obtained lctt\e of absence 

for two weeks on account of important business. 

CHILI-PERu"YIA..~ CORRE PO~"DE~CE. 

:Mr. BELMONT. I ask unanimous consent to submit for immediate atloption the resolution of inquiry which I seml to the desk. 

The Clerk read n.s follows: 

Resolved, That the Committee on Fol'eign A..ffairs be directed to inquire and re- -pot·t to the Rouse respectina the abstraction from the files of the Department of 

Htate of certain letters and aocuments refeiTe<l to in th~ letter of the Secretary of 

State of :February 17, 1882; also respecting tho making of any conb·acts in Paris or el ewhcre by and between anv foreign corpor-ation or company and any Ameri· can citizens concerning any cmicession made by Peru to an; French or foreign 

company wherein allusion was made to the diplomatic action o the united States; 

and that the Committee haYe power to send for persons and paper , antl haYe leave to report thereon at any time. 

~1r. KASSON. When the gentleman from :New York [Mr. BEL-

:\10XT] obtained the floor I was attemptin~ to get the attention of 

1be Speaker to offer a resolution on the suuject which I think will 

be perhaps more satisfactory tl1an that o1i'erecl by the gentleman 

from New York. I ask that my resolution be read, and if the subject is to be considered now I ask its adoption as a substitute. 

The SPEAKER. Is there objection to the pre ent con ideration 

of this subjectf 

Several ~IE:'ImER . Read the re olutiou. 

The SPEAKER. The resolution which the gentleman from Iowa 

[Mr. KASSON'] proposes to submit as a sub-titute if th.is nbject is to be now considered will be read. 

The Clerk read as follows : 

'Vhereas it is allege<l in connection with the Chili·Pomnan correspondence re· cently and officially published, upon the call of the two Houses of Congress, that one or more ministers plenipotentiary of the United States were either personally interest(l(l or improperly connected with business transactions in which the intervention of tlais GoYernment was requested or expected; ami 

Whereas it is further alleged that certain papers in relation to the ame subjects have boon improperly lost or removed from the files of the State Department: 

Therefore, Resolved, That t.be Committee on Foreign .AEairs be, and are hereby, instructed to inquire into the said allegations, and ascertain the facts relating thereto, and re- port the same with snch recommendations as they may deem proper; and they 

shall have power to send for persons aml papers. 

)fr. SINGLETON, of illinois. I object. 

The SPEAKER. Does the gentleman object to the consideration 

of the resolution f 

Mr. SINGLETON, of Illinois. Yes; I object to its consideration. 

Mr. COX, of New York. Let them both be referre<l to the C6mmittee on Foreign Affairs, as there seems to be orne diversity of 

opinou in 1·eference to them. 

Mr. KASSON. If there be no question a to which should be 

adopted, I have no objection to their reference, with leave on the part 

pf that committee to report at any time. 

The SPEAKER. Objection is made to their pre ent consideration. 

Is there objection to their introduction for reference to the Committee on :Fereign Affairs f 

Mr. HEWITT, ofNew York. Who objects7 

The SPEAKER. The gentleman from Illinois. 

Mr. SINGLETON, of Illinois. I withdraw my objection. 

The SPEAKER. TheChairhearsnofurtherobjection. Thegentle- man from New York offers a resolution which has been read, to which 

the gentleman from Iowa. moves a substitute. 

Mr. KASSON. If they are referred they can both ~o together. 

The SPEAKER. Objection to their consideration nas been withdrawn. The question is then on the substitute of the gentleman 

from Iowa. . Mr. HEWITT, of New York. Accept it. 

Mr. BEL~fONT. I accept it as a modification of my own resolution if it sufficiently covers the ground of my proposition. 

:Mr. KASSON. There need be no debate, and I will retain the floor 

for the purpose of calling the previous question. 

M.r. SPRINGER. Let the resolution of the gentleman from Iowa 

be again rea{l, to see whether it covers one of the points of the reso- lution of the gentleman fTom New York. 

The SPEAKER. The resolution of the gentleman from Iowa has 

been accepted by the gentleman from ~ew York as a modification of 

his, and therefore there is no proposition before the Hou e but that 

of the gentleman from Iowa. 

Mr. KASso~'s resolution wa ao-ain read. 

Mr. BELMONT. The second chm;e ofthe resolution I presented, 

I think, would cover the point better than the resolution as read. 

The SPEAKER. The Chair understood the gentleman from New 

York to aecept and adopt the substitute as it was offered by the gentleman from Iowa. 

Mr. BELMONT. I <lid; hnt as to the second clau e I would like 

to bave it agreed to. 

Tho SPEAKER. The Chair has no power in that regard. 

Mr. KASSON. I retain the floor for the _tlUrpo e of not interfering 

with other business, in order to call the previous question, if neces- sary, but am quite willing to hear any sugaestion. · . Mr. BELMONT. I will offer·mine, then~ as an amendment, and I 

ask the Clerk to read that second clause of my resolution. 

1he Clerk read as follows: 

.Also respecting the making of any contract in Paris o-r el ewhete by and be- tween any foreign corporation or company and any American citizens concernin~r 

any concession made by Peru to any French or foreign company wherein allusio~ was made to the diplomatic action of the United States. 

Mr. KASSON. I object to that becau e it is involved in the other 

inquiry, and distinctly intended in the tirst resolution. , l\1r. SPRINGER. Does the gentleman from Iowa insist this is 

covered by his resolution f 

111-. KASSON. Unquestionably it is covered by the :first resolution. 

Mr. BELMONT. I think I will insist on my amendment, as the 

gentleman's resolution does ~ot cover the whole ground. 

Mr. KASSON. The gentleman will see it isinvolvedfrom the fact 

the signatures of the paper referred to are the very thing which is 

inquired in reference to. 

Mr. BELMO~T. I can see no objection to the adoption of my 

amendment. 

Mr. KASSON. I think there is objection to it simply because it is 

not necessary, and I do not want at this stage of the case to aim a specific charge. When it comes back into the House they will see undoubtedly this and all other subjects involving the general question will be inquired into. I state distinctly the intention <ff the 

resolution, and now demand the previous question. 

Mr. BELMONT. I accept the gentleman's resolution on the gentleman's statement that his covers the whole ground. 

The previous question was ordered, and under the operation thereof 

the resolution of Mr. KAS o~ was adopted. . :Ur. KASSON moved to reconsider the vote by which the resolutiOn was adopted; and also moved that the motion to reconsider be 

laill on the table. 

The latter motion was agreed to. 

ARCHIBALD HUXLEY. 

~Ir. SPARKS, by unanimous consent, introduced a bill (H. R. No. 

4657) !!Tanting reliefto Archibald Hunley; which wasreadafirstand 

second time, referred to the Committee on Military Affair , and ordered 

to be printed. 

BRIDGE OVER THE MISSISSIPPI .AT KEITllSBURGll. 

Mr. l\IARSH. Mr. Speaker, I ask by unanimous consent that the 

Committee of the Whole House on the state of the Union be discharged from the further consideration of the bill (H. R. No. 4454) 

to authorize the construction of a bridge across the Missi sippi River 

at or near Keithsburgh, in the State of illinois, and to establish it as :1 post-road, in order that it may be consider~d and put on its passage 

at this time. It bas been reported back from the Committee on Com- merce favora.bly. 

l\.U:. BLAND. I demand the regular order of business, and object 

to everything except introduction of bills for reference. 

Mr. l\fARSH. There can be no obJection in the world to the bill I 

ask to take up for consideration, and I appeal to my friend from Missouri to withdraw his objection. There is a railroad on either side of 

the river, and the bridge is now rea-dy to be constructed. Theinter- e ts of transportation and of the people of that region who are interested demand it. There can be no possible objection to it. 

Mr. BLAND. The bridging of the Mississippi River is an important matter and ought to be thoroughly considered. 

Ml'. ~I.A.RSH. It has been thoroughly considered by the Committee on Commerce, and a written favorable report accompanies the 

bm. 

The SPEAKER. Doe the gentleman from Missouri insist on his 

objection f 

l\II·. BLAND. I insist on the regular order. 

The SPEAKER. The regular order cuts off all applications for 

unanimous consent. 

Mr. W ASHBU&.~. I would like to state to the gentleman from 

Missomi and to the House--

The SPEAKER. The re~ular order is demanded; and the regular or~er is the morning hour for the call of committees for reports of a. prn·ate nature. 

l\IESS.AGE FROM THE SESATE • . 

A message from the Senate, by Mr. SYMPSOS one of its clerks,. 

announced that the Senate had pas ed bills of the following titles, 

in which the concurrence of the House of Representatives was re- quested: 

A bill (S. No. 42) for the relief of George G. Snyder; 

A bill (S. No.~;}) to place Ulys es S. Grant, late General and ex- President oft.he United States, upon the retired list of the Army.; 

A bill (S. No.ll4) to amend section2133 of the Revised Statutes of 

the United States in relation to Indian traders; 

A bill (S. No. 144) ~ranting a pension to Mary E. Ambrester; 

A bill (S. No. 354) for the relief of :Mrs. Caroline Mott, adminstrahh. of the estate of Danford ltfott; 

.A bill (8. ~o. 667) to authorize the Secretary of 'Var to sell the 

military barracks, and the lands upon which they are located, in the 

city of Savannah, Georgia; and . A bill (S. No. 841) to provide for the payment of the salaries and 
1430 CONGRESSIONAL R.ECORD-HOUSE. FEBRUARY 24~ 

compensation of members of the House of Congress and their offi- cers aml employ6s in certain contingencie. . · 

J. T. PICKETT. 

Mr. DUNNELL, from the Committee on Forei<Yn Affairs, reported, as a substitute for House bill No. 649, a bill (H. R. No. 4658) for the 

relief of J. T. Pickett; which was read a :first and second time, I'eferred to tile Committee of the Whole Hou eon the Private Calendar, and, with the accompanying report, ordered to be printed. 

BRITISH DARK CHAXCE. 

1 Mr. LORD, from the Committee on Foreign Affairs, reported as a substitute for House bill No. 682, a bill (H. R. No. 4659) for therelief of tho owners, officer~ and crew of the British bark Chance; 

which was read a fir t an<l second time, referred to the Committee 

of the Whole House on the Pri>ate Calendar, and, """'ith the accom- panying !eport, ordered to be printed. 

STEA:\IER J. DO~ CA."\1ERO~ . 

Mr. STEELE, from the Committee on Milita1·y Affair 1 reported 

back the bill (H. R. No. 3163) for the relief of sufferers by the lo s of the Government steamer J. Don Cameron; which was 1·eferred 

to the Committee of the 'Vhole Ron e on the Private Calendar, and 

the acco~panying report ordered to be printell. 

JOH....~ A. IIADDOCK. 

ID. UPSON, from the Committee on Military Affair , reported back 

the bill (H. R. No. 2092) correcting the record of John A. Haddock ; 

which was referred to the Committee of the \Vhole House on the 

Pri vat.e Calendar, and the accompanying report ordered to be printed. 

HE~"'"RY F. BROWN OX. 

1\ll'. SPAULDING, from the Committee on Military Affair , reported 

back the bill (H. R. No. 2430) for the relief of Henry F. Brownson ; 

which was referred to the Committee of the Whole House on the 

Private Calendar, and the accompanying report-ordered to be printed. 

WALI,ACE E. H. PO"WELSO:X. 

Mr. SPAULDING aleo, from the same committee, reported back the 

bill (H. R. No. 2957) for the relief of Wallace E. ll. Powel on; which was referred to the Committee of the Whole House on the Private 

Calendar, and the accompanying report ordered to be priutecl. 

LIEUTE...~ANT FRA......~K BAKER. 

Mr. SPAULDING also, from the same committ-ee, reported back the 

bill (H. R. No. 2946) for the relief of Lieutenant F1·ank Baker; which was referred to the Committee of the Whole House on the Private 

Calendar, and the accompanying report ordered to be printed. 

J. H. WELLli'IG . 

Mr. SPAULDING also, from the same committee, reported back 

the bill (H. R. No. 806) for the relief of J. H. 'Veilings; which was referred to the Committee of the Whole Hou e on the Private Calendar, and the accompanying report ordered to be printed. 

DAl.-rEL T. WELL . 

Mr. SPAULDING also, from the same c.ommittee, reported back the 

bill (H. R. No. 4320) for the relief of Daniel T. Wells; which was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. 

. IIENRY n. LEl\ILY, 

Mr. HE:NDERSON, from the Committee on Military Affairs, re- ported back with amendm:ents the joint resolution (H. R. No. 54) 

to authorize Henry R. Lemley to accept a position under the Government of the United States of Colombia; which was referred to the 

Committee of the Whole House on the Private Calendar, and, with 

the accompanying report, or~ered to be printed. 

ASA WEEKS. 

Mr. HARRIS, of Massachusetts, from the Committee on Naval Affairs, reported a bill (H. R. No. 4660) for the 1·elief of Asa Weeks; 

which was :read a first and second time, rei'erred to the Committee of 

the Whole Hou e on the Private Calendar, and, with the accompanying report, ordered to be printecl. 

LANGLEY B. CULLEY. 

~ll'. DEZENDORF~ from the Committee on Naval Affairs, reported 

back the bill (H. R. No. 1749) for the relief of the heirs of the late 

Langley B. Culley; which was referred to the Committee of the 'Vhole 

House on the Private Calendar, and, with the accompanying report, 

ordered to be printed. SARAH M'DONALD. 

MI-. MUTCHLER, from the Committee on the Public Lands, re- ported back the bill (H. R. No. 3622) for the relief of Sarah McDonald; 

which was referred to the Committee of the Whole House on the 

Private Calendar, and the accompanying report ordered to be printed. 

ABlllE SHARP. 

Mr. RICHARDSON, of New York, from the Committee on Indian 

.Aftairs, reported back with a favorable recommendation the bill 

(H. R. No. 306) for the relief of Abbie Sharp; which was referred to 

the Committeeofthe Whole Hou eon the Private Calend:n·, and the 

accompanying report ordered t.o be printed. 

EV L"'\ , Z.."ICHOL d:; CO. 

~fr. DEERING, from the Committee on Indian Affairs, reported 

back with a favorable recommendation the bill (H. R. No. 2310) for 

the relief of Evans, Nichols & Co. ; which wa referred to the Committee of the Whole House on the Private Calendar, and the accom- panying report ordered to be printed. 

TII0~1AS S. BROOK & CO. 

Mr. DEERING al o, from the arne committee, reported hack with a favorable 1·ecommendation the bill (H. R. No. 2311) for the relief 

of Thomas S. Brooks & Co.; which wa referred to the Committ.ee 

of the Whole Hou e on the PriYate Calendar, a.nd the accompanying 

report ordered to be printed. · 

EUGE..'l'E B. ALLE~. 

Mr. SPAl.'LDii~U, from the Committee on Indian Aftl.11ir , reporte<l 

back with a favorable recommendation the bill (H. R. No. 23' ) for 

the relief of Eugene B. Allen; which wa referred to the Committee 

of the Whole Hou e on the Private Calendar, and the accompanying 

report ordered to be printed. 

JOHN BLACK. 

Mr. HASKELL, from the Committee on Incliau Affairs, reported 

back with a favorable recommendation the bill (H. R. No. 33) for the 

relief of John Black; which was referred to the Committee of the 

Whole House on the Private Calendar, and the accompanying report 

ordered to be printed. · MICHAEL H. COLLL.'I . 

1\ll'. JOL\TES, of New Jersey, fi:oiu the Committee on Patent , re- pOI'ted back with a favorable recommendation the bill (H. R. No. 

3681) for the relief of Michael H. Collins; which was referred to the 

Committee of the Whole House on the Private Calendar, and the 

accompanying report ordm·ed to be printed. 

MBS. S. A. WRIGHT AXD MRS. C. 1!'AHXE TOCK. 

Mr. JONES, ofNew Jersey, also, from the same committee, reported 

back with a favorable recommendation the bill (H. R. No. 667) fo1· 

the relief of Mrs. S. A. Wright and Mr . C. Fahnestock; which was referred to the Committee of the Whole House on the PriYate CaleRdar, and the accompanying report ordered to be. printed. 

GE~'ERAL D. C. THOMA • 

Mr. BROW~TE, from the Committee on Invalid Pension , reported 

back with a favorable recommendati9n the bill (H. R. No. 2012) to 

increase the pension of General D. C. Thomas; which wa referred 

to the Committee of the Whole House on the Private Calendar, and 

the accompanying report ordered to be printed. 

WILLIAM THOMAS. 

M.r. BROWNE also, from the arne committee, reported back with a favorable recommendation the bill (H. R. No. 2433) granting a pension to William Thomas ; which was 1·efe1Ted to the Committee 

of the Whole Hou eon the Private Calendar, and the accompanying 

1·eport ordered to be printed. · 

l.IARY T. M1CA WLEY. 

blr. BROWNE also, from the same committee, re1)orted back with a favorable recommendation the bill (H. R. No. 1769) granting a pension to Ma.ryT. McCawley; which. was referred to the Committee 

of the Whole House on the Private Calendar, and the accompanying report onlered to be printed. 

PHEBE W. RO • 

bu. BROWNE also, from the same committee, reported back tho 

bill (H. R. No. 708) granting a pension to Phebe W. Ross, and moved 

that the committee be discharged from the further consideration of 

the same, and that it be refened to the Committee on Pensions. 

The motion was agreed to. 

SUSAN MARSHALL MA IE. 

~fr. CALDWELL, from the Committee on Invalill Pen ion·, re- ported back with a favorable recommendation the bill (H. R. No. 

4283) for the relief of Susa_,n Marshall Ma-ssie; which was refen·ed to 

the Committee of the Whole House on the Pn vat.e Calendar, and the 

accompanying report ordered to be printed. 

CHANGE OF REFERE~CE. 

~fr. MATSON, from the Committee on Invalid Pen ions, reported 

back the bill (H. R. No. 2627) for the relief of Ann Stuchell, and the 

bill (H. R. No. 1530) granting a pension, &c., to Sylvester F. Hildebrand, and mo>ed that the committee be discharged fi·om the further 

consideration of the same, and that they be referred to the Select 

Committee on the Payment of Pensions, Bounty, and Back Pay. 

The motion was agreed to. 

FLORA C. M1CA LI4 • 

.Mr. SIMONTON, from the Committee on Invalid Pensions, reported 

back with a favorable recommendation the bill (H. R. No. 1619) 

granting a pension to Flora C. McCaslin; which was referred to 

the Committee of the Whole House on the Private Calendar, and the 

accompanying report orde1·ed to be printed. 

FRL"'\CIS REICHERT • 

Mr. DA 'VES, fi·om the Committee on Invalid Pen ions, reported 

back with a favorable recommendation the bill (H. R. No. 1239) 

granting a pension to Francis Reichert; which was refe.rrcd to the 
1882. CONGRESSIONAL RECORD- HOUSE. "1431 

Committee of the Whole House on the Private Calendar, and tho 

aecompanying 1·eport ordered to be printed. 

1\IODENA S.~fiTH. 

1t.lr. DAWES also, from the same committee, reported back with a favorable recommendation the bill (H. R. No.1290) granting a penion t.o Modena Smith; which was referred to the Committee of the 

\Vbole House on the Private Calendar, and the accompanying report 

ordered to be printed. GODFREY DRAYER. 

~k DAWES also, from the a me committee, reported back with a. favorable recommendation the bill (H. R. No. 2093) granting a pension to Godfrey Drayer; which wa r"'ferred to the Committee of the 

'Vhole Honse on the Private Calendar, and the accompanying report 

ordered to be printed. 

SAl\lUEL D. STILES. 

Mr. DA. WES also, from the same committee, reported back with an adverse recommendation the bill (H. R. No. 1:M>l) granting a pen~:>ion 

to Samuel D. Stiles; which was laid on the table and the accompanying report ordered to be printed. 

. JOHN BERTIE!!. 

Mr. RICE, of Ohio, from the Committee on Invali<l Pen ions, re- ported back the bill (H. R. No. 4151) for the relief of John Bertier, 

and moved that the committee be discharged from its further con- sideration and that the same be referred to the Committee on Pensions. 

The motion was agreed to. 

CATHARDi"E YODER. 

Mr. RICE, of Ohio, also, from the same committee, reported back 

with a favontble recommendation, the bill (H. R. No. 1357) granting a. pension to Catharine Yoder i which was referred to the Committee 

of the Whole Horn e on the Pn>ate Calendar, and the accompanying 

r eport 'lWlered to be printed. 

E. L. HU TED. 

Mr. RICE, of Ohio, also, from the same committee, reported !Jack 

with a favorable recommendation the bill (H. R. No. 3399) granting a pension to :K L. Husted; which was referred to the Committee of 

the 'Vhole Honse on the Private Calendar, and the accompanying 

I'eport ordered to be printed. 

ELIZAB~TH BAUER. 

Mr. RICE, of Ohio, also, from the same committee, reported back 

with a favorable recommendation the bill (H. R. No. 1332) granting a pen ·ion to Elizabeth Bauer; which was referred to the Committee 

of the Whole Honse on the Private Calendar, and the accompanying 

report ordered to be printed. 

AARON HERIDAN. 

Mr. RAY, from the Committee on Invalid Pensions, reported back 

with amendments the bill (H. R. No. 1976) granting a pension to the 

minor children of Aaron Sheridan, deceased i. which was referred to 

the Committee of the Whole Honse on the .t'riva.te Calendar, and, 

with the accompanying report, ordereu to be printed. 

l\h. McMILLIN. I ask permission on behalf of the minority of 

the Committee on Invalid Pensions to submit their views in this 

ca e and have them printed. 

There was no objection, and le~ve wa granted. 

LAURA HENTIG. 

Mr. CULLEN, from the Committee on Invalid Pensions, reported 

ba-ck with a favorable recommendation the bill (H. R. No. 3539) to 

increase the pension of Mrs. Laura Henti(J'; which was referred to 

the Committee of the Whole Ron e on the Private Calendar, and the 

accompanying report ordered to be printed. 

ED!fUND EASTMAN. 

Mr. JOYCE, from the Committee oninvalid Pensions, reported, as a substitute for House bill No. 3067, a bill (H. R. No. 4661) granting a pension to Edmund Eastman; which was read a first and second time, 

r·efened to the Committee of the Whole House on the Private Calendar, and, with the accompanying report, ordered to be printed. 

NOAH CATON. 

Mr. JOYCE also, from the same committee, reported, as a substitute for House bill No. 3065, a bill (H. R. No. 4662) granting a pension toN oah Caton; which was read a first and second time, referred 

to the Committee of the Whole Honse on the Private Calendar, and, 

with the accompanying report, ordered to be printed. 

SALLY C. l\ftiLLIGAN. 

M.r. JOYCE al o, from the same committee, 1·eported back with 

a.menuments the bill (H. R. No. 3390) granting a pension to Sally C. 

Mulligan· which was referred to the Committee ofthe 'Vhole Honse on the Private Calendar, and, with the accompanying report, ordered 

to 1.10 printed. CHARLES H. RA..""K. 

1\fr. JOYCE also, from the same COJllmittee, reported l.Jack with an 

amenllment the bill (H. R. No. 3071) for the relief of Charles H. 

Frank j which was refe!Tefl to the Committee of the Whole Honse on the Pnva.t1 Calen«lar, and, with the a ccompanying report, ordered 

to h e printed. llA -:s-Ail l\1. "\\'fliGHT. 

Mr. JOYCE al o, fl'Oru the same corruuittee, reported back with 

amendments the bill (H. R. No. 4213) granting a pension to Hannah 

M. Wright; which was referred to the Committee of the WholeHouse on the Private Calenclar, and, with the accompanying report: 

ordered to be printed. 

C. K. HUGHES. 

M.J:. JOYCE also, from the same committee, reported back with 

amendments the bill (H. R. No. 1489) granting a pension to C. K. 

Hughes; which was referred to the Committee of the Whole House on thePrivateCalendar, and, with the accompanying report, orderecl 

to be printed. MARY E. MURRAY. 

~h. JOYCE also, from the same committee, reported back-with a favorable recommendation the bill (H. R. No. 2592) granting a pension to Mary E. Murray; whioh was referred to the Committee "of 

the Whole House on the P1ivate Calendar, and the accompanying 

report ordered to be printed. 

HORACE S. SPEAR. 

Mr. JOYCE also, from the same committee, reported ba-ck with a favorable recommendation the bill (H. R. No. 1736) granting a penion to Horace S. Spear; which was referred to the Committee of 

the Whole House on the Private Calendar, and the accompanyiri.g 

report ordered t-o be print-ed. 

J.A.J."\IES :NEWBERRY. 

Mr. JOYCE also, from the same committee, 1·eported baek with a favorable recommendation the bill (H. R. No. 40t!O) granting a pension to James Newberry; which was referred to the Committee of 

the 'Vhole Honse on the Private Calendar, and the accompanying 

report ordered to be printed. 

JOH...'\ A. ~~~ES. 

1th. JOYCE also, from the same committee, reported back adversely 

the bill (H. R. No. 2621) granting a pension to John A. Innes; whic.h was laid on the table, and the accompanying report ordered to be 

printed. ANX P. DERRICK. 

Mr. OATES, from the Committee on Claims, reported ad>ersely the 

bill (H. R. No. 1956) for the relief of Mrs. Ann P. Derrick; which was 

referred to the Committee of the 'Vhole House on the Private Calendar, and the accompanying adverse report ordered to be printed. 

HEIRS OF ~""!COLAS A..."'ID 1\IARC A..'\TOINE FOUQUET. 

lli. RAY, from the Committee on Claims, reported a bill (H. R. No. 

4663) for the relief of the heirs of Nicola-s and Marc Antoine Fonq net;' 

which was read a first and second time, referred to the Committee of 

the Whole Honse on the Private Calendar, and, with the a-ccompanying report, ordered to be printed. 

JOIL.~ MELLIFOXT" AND ELLEX RIORDO~. 

Mr. MILLS, from the Committee on Claims, reported back with a 

favorable recommendation the bill (H. R. No. 3124) for the relief of 

John Mellifont and Ellen Riordon; which was referred to the Committee of the Whole House on the Private Calendar, and the accom- panying report ordered to be printed. 

LABORERS OX GOVEIL.~IT WORKS. 

~h. SMITH, of Illinois, from the Committee on Claims, reporte4: 

back the bill (H. R. No. 3489) for the relief of certain laborers employed upon Government works; which was referred to the Committee of the Whole House on the Private Calendar, and the accom- panying report o1·dered to be printed. 

FRANK L. DO~~""ELL Y. 

1th. SMITH, of Illinois, also, frolll the same committee, reported a. joint resolution (H. R. No. 145) to pay FrankL. Donnelly as paget. 

the Forty-fifth Congress; which was read a. first and second time-, 

referred to the Committee of the Whole House on the Private Calendar, and, with the accompanying report, ordered to be printed. 

EDW~ B. HAY. 

Mr. BUCHANAN, from the Committee on Claims, reported back 

withamendment the bill(H. R. No.1750) for the reliefofEdwin B. 

Hay-; which was referred to the Committee ofthe WholeHouseon the 

Private Calendar, and the accompanying report ordered to be printed.. 

B. E. ?tlULFORD. 

Mr. BUCHANAN also, from the same committee, 1·eported back 

the bill (H. R. No. 3306) for the relief of B. E. Mulford; which -was 

referred to the Committee of the Whole House on the Pri>ate Calendar, and the accompanying report ordered to be printed. 

JOHX l\1. DORSEY ~"'D WILLIAM F. SHEPABD. 

Mr. CLARK, from the Committee on Claims, reportec;l back thebill (H. R. No. 56) for the 1·elief of John M. Dorsey and Wi,lliam F. ; 

Shepard; which was referred to the Committee of the 'VhQ1e Honse on the P1·iva.te Calen·dar, and the accompanying report ordered to be. 

printed. 

CHA..'\GE OF REFERE:XCE. 

On motion of Mr. HOUK, the Committee on War Claim was dis- char~ed from the further consideration of the bill (H. R. No. 4422} 

for tne relief of Edwin De Leon, and the same was referred to th 

Committee on Claims. 

On motion of :Mr. HOUK, the Committee on War Cla im wa a 

: .. 1 
1432 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 24, 

discharged from the further consideration of the bill (H. R. No. 973) 

1or the relief of certain officers of the Missouri State militia, and the eame was referred to the Committee on Military Affairs. 

WAR CLA.BIS. 

llr. HOUK, from the Committee on War Claims, reported back 

with amendments the bill (H. R. No. 3869) for the allowance of cer- tain claims reported by the accounting officers of the United States 

Trcasurv Department; which was referred to the Committee of the 

Whole House on the Private Calendar, and the accompanying report 

ordered to be printed. 

JOfu~ TAYLOR & SO~. 

Mr. GEDDES, from the Committee on War Claims, re1H1rted back 

the bill (H. R. No. 493) for the relief of John Taylor & Son; which was referred to the Committee of the Whole Honse on the Private 

Calendar, and the accompanying report orderecl to be printed. 

JO!Df W. IIUMPHREY. 

Mr. UPDEGRAFF, of Iowa, from the Committee on War Claims, 

Yepgrted back the bill (H. R. No. 327) for the relief of John W. HumJlhrey; which was referred to the Committee of the \Vhole House on the Private Calemlar, and the accompanying report ordered to be 

printed. WARREN MITCHELL. 

Yr. UPDEGRAFF, oflowa, also, from the same committee, reported 

backadverselythe bill(H. R. No. 2372) for the relief ofWarren Mitchell. 

The SPEAKER. If there be no objection, this bill will be laid on ihe table, and the accompanying report ordered to be printed. 

Mr. WILLIS. I woulcllike to in q nire whether this is a unanimous 

report of the committee f 

.Mr. UPDEGRAFF, of Iowa. I am not able to say, but I think so. llr. WILLIS. I ask that the bill be referred to the Private Calendar. 

The SPEAKER. Objection being made to laying the bill on the 

table, it will be referred to the Committee of the Whole House on the 

Private Calendar, and the accompanying report ordered to be printed. 

LA.ND GRA...~S ~ ARIZO~A. 

. Mr. MULDROW, from the Committee on Private Land Claims, 

Teported, as a substitute for House bill No. 2746, a bill (H. R. No. 4664) 

to confirm title to certain private land grants in Arizona Territory; 

which was read a fir t and second time, referred to the Committee of 

the Whole Honse on the Private Calendar, and, with the accompanying report, ordered to be printed. 

l\fYRA CLA..RK GAThTES. 

llr. MULDROW also, from the same committee, reported a bill (H. 

R. No. 4665) for the relief of Myra Clark Gaines; which was read a :first and seconcl time, referred to the Committee of the Whole House on the Private Calendar, and, with the a.ccompanying report, ordered 

to be printed. 

THOMAS EV A.~S. 

Yr. NEAL, from the Committee on the Distl·ict of Columbia, reported back with amendments the bill (H. R. No. 2938) for the relief of 

Thomas Evans; which was referred to the Committee of the Whole 

Honse on the Private Calendar, and the accompanying report ordered 

to be printed. 

DETROIT HOUSE OF CORRECTIO~. 

Mr. RUSSELL, from the Comm~ttee on Ways and Means, reported 

ack the joint resolution(H. R. No. 107)fortherefundingofta:x:es illegally assessed and collected from the Detroit House of Correction, in 

the State of Michigan; which wa.s referred to the Committee of the 

Whole Honse on the Private Calendru.', and, with the accompanying 

report, ordered to be printed. 

PASSED ASSISTA."{T SURGEO~ FRANCIS V. GREE~""E. 

Mr. HARMER, from the Committee on Naval Affairs, reported back 

-the joint resolution (H. R. No. 35) conferring the rank of surgeon on the retired list of the Navy of the United States on Passed Assistant 

-&rgeon F1·ancis V. Greene for highly meritorious service during the 

prevalence of yellow fever on board the United States ship Lancaster 

in the year 1 75; which was referred to the Committee of the Whole 

House on the Privat Calendar, and, with the accompanying report, 

ordered to be printed. 

E~ROLLED JOL.\fT RESOLUTIO:Y. 

Mr. ALDRICH, n·om the CommHtee on Enrolled Bills, reported that 

they had examined and found truly enrolled joint resolution (S. R. 

No. 41) authorizing the Secretary of 'V ar to u e rations for 4.ihe relief 

ef destitute persons in the districts overflowed bv the Mississippi 

River; when the Speaker signed the same. v 

PUllLIC lll"'LDL~G AT LOUISVILLE. 

.Yr. 'VILLIS, by unanimous coUBent, was granteu leave to print in 

the REcoRD rema1·ks on the bill (H. R. No. 521) for the construction 

of a public buillling at Louisville, Kentucky. [See Appendix:.) 

ORDER OF BUSL."'mSS. 

Mr. TAYLOR. I move the House resolve itself into Committee of 

the Whole House on thePrivate Calendar. 

Mr. CASWELL. I hope the House will permit us to go on ·with 

:iille Post-Office appropriation bill. 

· ..Mr. HISCOCK. I give notice, if the motion to go into Committee 

of the Whole House on the Private Calemlar be voted down, I will 

then move to go into Committee of the Whole House on the state of 

the Union for the purpose of resuming the consideration of the PostOffice appropriation bill. 

Mr. TAYLOR. I hope the House will O'O into Committee of the 

Whole House on the Private Calendar. We have had no private bill 

day for two weeks. 

~lr. SPRINGER. Let to-morrow be considered as private bill clay, 

and to-day can be devotecl t.o finishing the Post-Office appropriation 

bill. 

The SPE.AKER. The question recurs on the motion of the gentleman from Ohio, [Mr. TAYLOR.] 

The House divided; and there were-ayes 77, noes GO. 

Mr. CASWELL. I demand tellers. 

Tellers were ordered; and Mr. CASWELL and :Ur. TAYOLR wero appointed. 

The House again divided; and the tellers reported-ayes 83, noe 60. 

So the motion was a!ITeed to. 

The House according1y resolved itself into Committee of the ·whole House on the Private Calendar, Mr. DUNNELL in the chair. 

1\lr. H.ISCOCK. I give notice that we shall insist on a session of 

the House to-morrow for the coUBideration of the Post-Office appropriation bill. 

WILLIA.'\1 P. CHAliBLISS. 

The CH.AIR.UAN. The first business on the Private Calendar i the 

bill (H. R. No. 1612) for the r lief of William P. ChamblisR; which 

the Clerk will read. _ '.rhe Clerk read as follows : · 

Be it enacted, dJc., That the President be, and he is hereby, authorized to rein- sta.~ William P. Chambliss, late a major of the Fourth Regiment United State 

Cavalry, and place his name on the list of retired officers of the United States Army 

with the rank to which he would have attained in service at the date of the passage of this act: Provided, hOUJever, That he shall receive no pay, compensation. or allowance of any kind under the provisions of thiR act for the time intervening 

between the 1st da,y of November, 1867, the date of his resigBation, and the date 

of the appro\al of this act. . 

Mr. WHITTHORNE. If the committee will indulge me a moment, 

I will endeavor briefly to explain what I consider the merit of thi 

proposition . Mr. SPARKS. What is the order of this bill 

The CHAffiMAN. It is now pending before the committee, ancl 

the gentleman from Tennessee [1\lr. WmTTHORNE] who reported i 

from the Committee on Military Affairs has the floor. 

1\[r. WIIITTHORNE. This proposition is the application of Major 

'William P. Chamblis , who resigned in the year 1867-'68 from the 

United State Army, to be restored to the retired list with the rank 

held by him at the time. It is one of only two or three case of a similar character. \Vithout arguing in detail the whole ca e, I will 

call the attention of the committee to the statement of l\fajor Chambliss of the circumstance under which his application is made. He 

states in a letter in my po cssion as follows : 

In my condition of health, and at my age, the money consideration invol\ed in 

the question of my retirement cannot now be a ma.tt~r of serious con!jequeuce tu the Government, or even to myself; but at the time of my re ignation the cotmtry had but rooenUy emerged from a. long and deva tating civil war. It was eucum- bered with a vast public debt, and its financialfutmewasatleastuncertain. Th 

nation then could only be jnst, not g,enerous; and had I at once petitioned Con~e & 

to reinstate and retire me, my petition should have been denied. But now the 

country is great and pro perons, and will not, I am sure, exclude an 69-uitable claim upon technical grounils. My anxiety in the matter arises from a. wtsh to be able, 

when I die, to oequea-th to my chililien a. legacy of incalculable value to them, an act of Congress which would be in its nature and effects a. recognition that I had 

in the hom of my country's peril rendered services worthy remembrance and re- ward. 

I have the honor to be, very respectfully, your obedient servant._ . ~ ~ 

WIL.LIAM P. C..liA...lUJiLISB. 

At the time Major Chambliss resigned he believed he would be able 

to secure by active exertions in life in his profession some support for 

himself, but the wounds which he received on the battle-field became a~gravated in their character, so that at this day almost at every hour 

his life is menacod by them. Let me for a moment state what these 

wounds are, and I will quote from the report which accompanies tho 

bill: CIYCTh~ATI, June 2.i, 1880. 

Sm: I have the honor to state that I was wounded at the battle of Gaines's Mill on Jtme 27, 1862, and taken to Libby prison as prisoner of war. In this prison. and l)ing next to and very near me, was William P. Chambliss, then a captain of 

the Fifth United States Cavalry. He was very dangerously wounded, and for 

several weeks it was thought impossible that he could live. ~eing so near t-o him, I became perfectly familiar with his condition; daily saw his wounds dres ed, aml 

perfectly well knew the nature and extent of them, ann expoot.e<l that each dav 

woulrl see his sufferinu relieved by death. He was wounded in the abdomen by a 

gunshot. an<l in the left thigh gunshot, char~e of buckshot. a.ndrightshoulderdiR· located from fall from his horse ; also a g_unshot wound in the back close to one of his kidneys; the ball remainin..,. in his oody; it could not be e.l.'tracted, and no doubt entirely disables him. 5aptain Chambliss, :Major Clitz, Twelfth United 

b1.tes Infantry, anll myself were :paroled and taken to We tover J,audiug the same day, and came to New York m the hospital ship towed by the Vanderbilt .. Captain Chambliss was even then o critical in condition that he had to at once en.t~r ho pita! in New York City. From my personal knowledge of his condition, resulting from wounds receh·ed 

in battle, I do not consider bini ~able to perform any duty of a character requit·-

!ili!fea=:=b~~~~po~~af&h/v~ry !!,;~-tion; and that he is still alive is aremarkI certify the abo>e to be a truo statement of the facts in this case so far as my recollootion sen-es at this time. 

The Hon. COlniiSSIOXER OF PENSIOXI", 

Washi1l.1]t<m, D. 0. 

P. W. ST.L'ffi:OPE, 

Jlajor, U. :i. A. 
1882. CONGRESSIONAL RECORD-HOUSE. 1433 

It i.s from that last wound that· to-day he i , as it were, walking in 

the very shadow of aeat.h. 

I shall be excused, Mr. Chairman, I know, for rcfcrrin"' to a distinrruished gentleman on the floor of this House, Colonel lJPSO~ of the 

State of Texas. He was the man into whose hands .Major Chambliss 

fell, and he is here to bear tribute to the fact that the charge in 

which Major Chambliss was wounded was more brilliant, more daring even than that one so celebrated in song a the charge at Balaklava. 

That man havin<T in his patriotism re igned because he belie-vetl his 

Government was burdened by heavy debt, now seeing that his cmmtry 

is prosperou.'3, while his wounds have become aO'gravated in their 

character, asks as a matter of justice, as a memoria~ of honor to transmit to his children, that Congress will reco<Ynize his ervices as they 

have those of other distingmshed and gallaut patriots by placing 

him, as this bill proposes, upon the retii·etl li t of the Army. The 

committee have reported tl1e bill favorably, antl I hope it will pa ~. 

Mr. SPARKS. .Mr. Cha.irman, to all that part of the remarks of the 

gent.leman from Tennessee touch.ing the gallantry of this soldier 

while in the serdce I have no de iJ:e to make auy (lbjection. He 

was, I presume, a goou soldier. He was wounded two or three tiines 

in battle, and that indicates that be mu..<~t have ~ot ~Somewhere near the enemy. He subsequently retired from theArmy of his own free 

will aml by his own volition, and I pre unw under the law got one year s advanced pay and allowances. 

Mr. McCOOK. ·wm the gentleman allow me to interrupt hiin a 

moment~ 

.Mr. SP .A.RKS. Yes, 8ir. 

Mr. ~fcCOOK. I know the gentleman from Illinois would not 

intentbnally make a, statementnnles he knew it to be warranted by 

the facts, but I think he is mistaken in thi regard. I am ab olutely 

certain that he is mistaken, and that this officer did not receive tb.e 

advanced pay and allowances alluded to by hiin: He re igned, I 

think, in 1866, which was before the law was passed authorizing this 

yca1·'s a.d vanced pay and allowance. 

Mr. SPARKS. Mr. Cba.irman, I think I must st::tnd corrected upon 

that point, for I find that he retired before the pa age of that law. 

Tb::tt law was passed in.1870 and this officer left the sen-ice iu 1867, 

conscquenti:.· he could not have received the advance pay and allow- ances under it.. He did, however, make his application for a pension on account of wounds received in the service, and got it, a-nd his name now stands· upon the rolls of the Government as a pensioner. 

He has received, and is now receh--ing, twenty or twenty-four dollars per month, and has, I presume, ~ot all the arrear due to him at 

that rate, if he did not get his peruuon in tiine to preclude the payment of arrears. Now these are, as I understand them, the fact in 1·elation to this 

matter. This was a gallant soldier, I have no lloubt ::tbout that, nor have I any doubt of the fact that he serwd his country faithfully and well, just as a million of other men did under similar circumstances. He 1·etired of his own accord; resigned his commission in the Army and went into private life of his own volition. I 

presnme there were satisfactory rea-sons, per onal to himself, for doing this, and I suppose he has succeeded well in the onlillary affairs 

of business to which be has devoted hi.Inself since his resignation, 

but this I do not know. Now, after agreatnnmberofyears' absence 

from the Army, out of the service, and drawing a handsome pension, 

he discovers that if he had contrived to get retired upon the retired 

pay of the rank then held by him be would have drawn much more money from the Treasury and filled his pockets much fuller than he 

bas done in drawing his ordinary pension. Hence his desire to be 

restored to the Army and retired. 

Now, whatistheargumentinfavorofhisrestoration f Why should 

he be restored T Why notrestoreeveryotberofficerwhohasresigned f 

These applications, Mr. Chairman, are now pouring in upon us at, a rapidly increasing rate; application after application is already presented, and if you open the doors in this manner by the passage of 

this bill where they will end it is difficult to foresee. The only object 

that I can see for tbism::tn's wanting to be restored, and the only rea- son for Congress re toring hiin that I can comprehend, is simply to 

give him the difterence between 20 or $24 a month pension, which he 

is now entitled to receiv-e and is now receiving, and some $200 a month which he would draw a a major on the retired list of the 

Army. Are we prep::tred to do this f 

I remember a case we had here some time ago, I think it was in 

the Forty-fifth Congress, when an effort was made to place General 

ShieldR, who had served so gaJlantly in tho Mexican war and was wounded so severely at that time, and who had also served his coun- try so well in the late war, on the retired list as a brigadier-general. 

Though it passed this Hou e it was defeated in the Senate, and it wa.s regarded as a great thing afterward to allow him the pitiful pension 

of one hundred dollars a month, a.fter a lifetime of ga,llant and meritorious service for his country. But Congres has undergone such cban~e that now this man, who left the service of Iris own accord, 

who nas been drawing a large pension ever since he has been out of 

the serv1ce, comes in and asks to be placed upon the retired list, of 

such rank as to enable him to draw some two hundred dollars a month, 

twice as much as Congress was then willin~ to allow General Shields, 

who attained the rank of major-generalrn two wars, was severely 

wounded in each, and was a her_o in 1Joth. I shall not occnpy the 

time of the committee but a moment longer. 

I hope, sir, that the committee will consider this matter carefully 

before giving its assent to a proposition fraught with such mischief as this bill proposes. I have said nothing derogatory to the character of this applicant as a soldier or as a. man. I could say nothing 

truthfully against him, for I know nothing about him that is to his 

disparagement. I speak only of the facts as they are presented here. 

I think to grant such an application would be an outrage upon the 

people whom we represent. If under the circumstances here presented we put this man upon the retired list, hundreds upon hundreds of applications will be following close upon this, all presenting reasons equally strong, a.nd urging services equally meritorious 

in the applicants in order to get themselves placed upon the retired 

list to live high at public expense. ~Ir. STEELE. 1\Ir. Chairman, in response to what has been said 

by the gentleman from lllinois, I will occupy the attention of the 

committee but a few moments. 

:\fr . .A. TKIN"S. Will the gentleman yield to me for a moment' ~Ir. STEELE. Certainly. 

Mr. ATKINS. I wish to a kif it would be in order to move that 

the committee rise and limit debate on this proposition f We have 

spent a good deal of tiine already on the last private bill day upon 

this bill, and we have been in the habit of consuming the entire day on every Friday with the con ideration of a single case. I hope debate will be limited. 

:\lr. STEELE. I shall occupy but a few moment of the tiine of 

the committee. 

I had hoped, lli. Cha.iiman, that there would be no voice raised 

against the passage of a bill so meritorious as that which is now pre- en ted for the consideration of the committee. I have examined it 

carefully, and the Committee on ~filitary Affairs will bear me out 

when I ay that I am scrupulously careful about making favorable 

report. 

~Iajor Chambliss was two years in 1\Iexico, and for his gallantry 

there won his commission in the regular Army. In 1831, after ser-v- in~ in T xa.s in the sprin~ of that year, we find hiin here, and owin~ 

to nis trustworthy qualitles his battalion was placed in the United 

States Treasury to protect it against threatening surroundings. .A.nd, ~Ir. Chairman, well ditl he perform his duty. 

With his comrades in arms, his brother officers from all parts of 

the South appealing to him to join them, he remained faithful to his 

trust, and his response wa.s always like that of a faithful soldier, that 

he would on no account admit their right to the Treasury or the capital of the United States, and that it was his duty to remain and defend the capital, let what would follow. 

June, 1862, found him at Gaines's Mill. The enemy bad ma-ssed a. very heavy force upon the ri<Tht of Ol!lr line. Imminent danger was th.J:eatening us, and :Major Chambliss and his command of barely 

two hundred men were the only force we could nnd to oppose them. 

He wa ordered to charge. .A.n order to such a m~tn meant victory or death; and of those two hundred men .char<Ting on that line there were only eight or t.en who came off without being wounded or having suffered death. Major Chambliss was wonndeu in the back, 

right in the midst of the enemy. He had eight buck hot in his body 

and four other gunshot wound . He lay on the field of battle there 

ten days in the rain or under the corching sun. He went to Richmond and there lay iu hospital broken out all over with erysipelas, o that his body wa ·literally painted all o\-er with iodine. As General :McClellan says, he e caped death as by a mi!"acle. 

The medical evidence shows from that day to this he has been iilcn.-

pable of performing any manual labor. The records show that he 

went on and tried and tried to perform the duties of a soldier. 

The year 1867 found him broken down in health and his wife s health very bad. He was at that time eligible to 1·etirement in con- sequence of wounds received ; but he had a repugnance to askiug 

the country to care for him in civil life. Therefore he resignecl his 

commission, and said to the country, "I have given fifteen years of" 

the best of my life to the military service of the country; I will now try to do for myself." He comes back to us now and says, "I have 

made as good a fight as I know how; I could have been retired in 

1867 an(l have drawn up to this time about twenty-five thousand 

dollars in money ; l hope that undertaking to fight life's battle was no offense, and that yon will put me right back to where I waa then; my rank then was major; I ask to be restored as major and 

retired; every single cent of money I have drawn for pension I 

propose to restore ; I do not ask you a single dollar of ptty for the 

interim; I only ask that I be placed on the retired list to date from 

and after the passage of this act." I do not believe that this com- mittee is going to say to that gallant man, "Technical1y, you :tre ont 

of the service; and we will prevent you from coming back." . Mr. SPARKS. Will the gentleman allow me to interrupt him 'I 

:Mr. STEELE. Yes, sir. 

l\lr. SPARKS. Does the bill propo c to give back his pension to 

the Government. If the gentleman says that, I controvert his statement. The bill p1·oposes no such thing. It provides that he shall 

receive no pay1 compensation, or allowance for the time between the 

date of his resignation and the passage of the act. Bnt meanwhile 

he bas been drawing his pension. 

.Mr. STEELE. If that is not considered as com pen at ion then he 

would not have to restore that. i do not think he onght t.o be re- l}nire<l t<> restore it. There is not one single charge agaiu.st this man 
1434 COKGR.ESSIONAL RECORD-HOUSE. FEBRUARY 24, 

-of any kind. His record i · brilliant all the way through. The only 

question is whether we will retire him now instea,d of his having 

been retired as he might have been ·under the law in 1867. 

It has been aid upon this floo1· that the restoration of this gallant 

officer might be oppo ed because I, forsooth opposed the l'e toration 

of Kirby. The ca es are not similar, and I venture the prediction, 

and I stake my reputation on it, that while we are working on this 

officer's bill he i not lyin~ drunk in this city. I hope the bill will 

be rep01·tecl favorably to tne House. 

I yield to the gentleman fmm Wi consin, [Mr. BRAGG.] 

Mr. BRAGG. I hope it may be the pleasure of this committe to 

look with favor on this bill; and I cannot but expre my deep 

regret that the la.te £listi_n~uished chainnan of the Committe on Military Affairs should thi.n.k that thi bill wa one unworthy of the :support of thi committee. And I can assign no really go9d reason that should actuate him [Mr. SPARK ro e ] except it be that this ma.n doe · not come here asking nt the hand::; of thi.s House that he shall be relieved from the >enlict of a co1ut-martial for drunkenness, iucapacity--

Mr. PARK '. 'Vill the gentl man allow rue . Mr. BRAGG. Audconductlmbecoming au officer nnd ttgeutleman. 

It i but two weeks since--

Mr. SPARKS. Does the ~entleman allude to me as desiring that an officer shall have that relien 

Mr. BRAGG. It is but two weeks ince the stentorian Yoice of my ·distinguished colleae;ne on the Committee ou Military Affairs ma£1e 

thi Hall rin~ with tne justice of a demand that a man who had been o dismissed oy the verdict of a court should be reinstated and be 

gi>en his rank aft-er fourteen years' ab ence from the Arm._y, he never !laYing ser>ed in the regular Army but two vear , placing him over tho e who had fon~ht the battles of the country from that time to 

-thi and rai ing hrm nearly two h1mdrecl upon the files for future 

promotion. And yet to-<lay we hear him denouncing this bill as one unworthy the attention of thisHoUBe. And why ~ Because this officer 

-resigned. 

Do the committee 1."1low what the I'etired list of the Army wa prepared for' Do they knowwhattheobjectofitwasf Do they know 

that the sole object of it was to provide for the officers of the regular 

.AI·my who were worn out in service, or who, by reason of disability 

contracted in the service, should have fixed for them a home and a provision made for them by a generous Government, for which they 

had ri ·ked their lives and lost their constitutions and their health. 

Who i Major Chambliss .A. soldier of the Mexican war from TenDessee, appointed to the regular Army just after the close of the Mexi- .~an war. I willgive the dateiuamoment. I find he-was appointed 

in 1855 a lieutenant of the Second United Sta.tes Cavalry·. He was on the frontier when hi senior officer and many of his fellows saw fit to adopt the policy of going with their State . Resisting all influ- •ence from his own State, from hi own family fi·om his own urrotmdings, be stood trne to his flag umler which be held hi commission, 

-deserting his own State, and standing by the national colors. 

At the battle of Gaines's Farm, while leading his command, he re- ceived ten wounds froru bullets, was riddled with bullets like a sieve, 

and lay for ten days upon the field. He wa~ then taken captive and 

carried to prison, and for being alive to-day he may thank the kind 

.attentions which he received at the hands of the late Doorkeeper of 

this House, Colonel Field, and his wife. 

In 1 67, being unable to do duty, he resigned. '.ro what wa . he 

entitled at the time of his resignation f He was entitled to go upon 

the retired li t of the Army. He belonged to a class for which that 

retire£1list had been e ·tablished in 1 61. By the act of 1861, when .an officer becomes incapable of performing the duties of·his office he 

is to be retiJ:ed from acti>e service, or wholly retired from service. 

J:n that law there is a provision for the appointment of a board of 

officers to inquire into the nature and occasion of hi di abilities, and 

if they find that such disabilities were worthily contracted the offi- cer is to be retired with the rank be then hold . Had he been so retired in 1867, instead of the paltry pension of 

which the gentleman from Illinois, my colleague on the Committee on :Military Affairs, [Mr. SPARKS,] speaks, h e would have been able 

to draw from the Government during all those years $187.50 per 

mouth. That is what he is entitled to muler the law. But true ·soldier as he wa.,, feeling then as a.ll of us felt, that the Government 

at that time wa heavily burdened by the debt which wa hanging over it, and not appreciating, as but few of n appreciated, the era -of prosperity which was to ensue, with the pride of a soldier declining to go on. the retire<llist aU(l live at the expenRe f)f the Government, he went forth into common business life, riddled with balls ..c'tS he was, and sought there to provide for hi.mself, preferring to do so as a man rather than to accept the benefits which the act of Congre s had provided for the support of him and others in like circumstances. 

Year aft-erwaxd, in the days of our p1·osperity, be had learned from 

experience the fact that it is easier for a soldier to ima~ine that he -can go into onliuary pursuits of life and struggle wit.ll those who 

havo been bred to business than to actually accomplish that result. 

He finds that that effort on his part is in a great measure a failure. 

He sees that his Government is prosperous and with a large surplus 

in its Treasury, and be now comes back and asks thefavorofhaving a-~store<l to him ,~·hat he could ha>ehad and what he was entitled to 

as a matter of right, but what he did not take at a tirue when the 

Treasury wa depleted. 

Now shall such an officer a that, with broken health and a shattered constitution, a man who has given the be t years of his life to 

the sernce of the Government-shall he be told that because he 

gave up 187.50 a month and has received in lieu of it for but a portion 

of the time ince the sum of $20 a month, we have no place for him, 

but t.hat 've have places for men who have been dismissed and cashiered for flrnnkenness and for non-perform:mce of dutyY 

I trust that such is not the .sense of this House; but that this oldier, and all others who maybe standin~ in the same position which 

he stands iu, may not appeal to this uovernment and have their 

appeal · unheard and unanswered. 

Mr. B'CRROWS, of Michigan. Will the genthiman allow me to 

ask hiru a question' 

Mr. BRAGG. Certainly. 

Mr. BURROWS, of l\fjchigan. I am in full accord with the gentleman from 'Visconsin in regard to the merits of this case; but I 

desire to make an inquiry of him a~ he seems to be familiar with the 

law. I would inquire of him whether if this officer is restored and 

retired he will be counted in the number to which the retired liBt is 

resh'icted-that is, four bunclred f 

Mr. BRAGG. No, sir. 

Mr. B RROWS, of Michigan. If he would be I should be opposed 

to this bill. 

Mr. BRAGG. He will be retired by pecial act of Congre s; and, as I think, the Department construes the limit that is placed upon the 

retired list a a limit intended·to apply to retil'ements made in reO'ular order under the laws controlling the Department and regulating 

retirements. This will stand as a case of pecial retirement. Even were it not ·o, the fact that there is a limit is no reason why we who 

made the limit and have the power of removing it should hesitate one moment in 1·emoviug it when we fin£1 a case deserving of such 

action. 

l\Ir. BURROWS, of Michigan. If the gentleman is clear that this 

might be done in addition to the limit now fixed I should b very glad to have the bill pa ed. 

Mr. B.RAGG. If there i the lea tdonbtabout it I have no doubt 

the. gentleman in charge of the bill will con ent to an amendment if 

the gentleman fi·om :Michigan sees fit to offer one. 

Mr. SPARKS. The gentleman from Indiana, my collea~ue on the Co~mitt~e on ?tfilit~ Affair~, [1\Ir. STEELE,] as I am informed, in 

closmg hiS speech on this occaswn, made some reference to some action 

of mine touching another case that was recently before the House. 

I say I am informed (for I did not hear the gentleman) that he made a statement which insinuated that while I opposed this soldier's claim 

I was ready on another occasion to vote for another soldier who wa lying around this city drunk. Am I correct in that Y The O'entle- man is pre ent and I ask him. 0 

:Mr. STEELE. I stated that I hacl been told this bill would be 

opposed because of my antagonism to the bill for the restoration of 

Kirby. 

l\fr. SPARKS. Was that all you stated f 

Mr. STEELE. That i what I said in that regard. I also aid that 

theca es were not similar; that I would stake my reputation on the 

fact that this officer is not lyiu!! drunk here while we are con iderinrr ~b~ ~ 0 

Mr. SPARKS. I am afraid the O'entleman has not fairly answered 

my question. The gentleman evidently alluded to me. If the gentleman means that because he favors or opposes any case that I 

would favor or oppose one, that I would be influenced by any such 

consideTation a~ that, I mu t say that the gentleman has no conception of the character of the man to whom he allude . I care not 

how the gentleman vote, or for whom h~ votes, or whose case he 

advocates. It is no concern of mine. 

Dut the man who would insinuate that I would advocate on thi 

floor the claim of any one, knowing or belie>ing him to be an un- y.·ortby m~, slanders me and falsifie every act of my life. No, sir; 

1f I have ever voted for or ad>ocated in this House the claim of any 

unworthy man I have been overreached in my estimate of him, for I 

have certainly believed him to be worthy. 'l'be gentleman from Wis- con in, [Mr. BRAGG,] with more knowledge of me and of the facts 

than bad the gentleman from Indiana, [Mr. STEELE,] intensifie that 

insinuation by a:n indirectMr. BR.AGG. 1\Ir. ChairmanMr. SPARKS. No, sir; I do not yield; you did not yield to me. Mr. BRAGG. I beg the gentleman's pardon. 

:Mr. SPARKS. By the insinuation that I have been advocating 

the 1-estoration of some unworthy officer back into the .Army. Mr • Chairman, I will let my reputation for supporting worthy object 

and worthy men on this floor go out to the country side by side with 

that of the gentleman from 'Visconsin, and I shall feel that its ver- dict will not be unfavorable to me. 

The case of Kirby has been alluded to. 'That is the case of Kirby f 

lie was an officer who, as the record showed, had been badly treated. 

A farcical court-martial had attempted to turn him out. He was a brave soldier. An admitted weakness with him was that on oue no- table occa ion it was apparent that he had been drinkinrr too mu(1h. 

Sir, that wea.kne notoriously pen·ades others' in and0

out of the 

Army. Thank God, I cnn ·taud here and tTllthfnlly say that it doe not 
1882. CONGRESSIONAL RECORD-HOUSE. 1435 

apply to me. But apart from this weakness of Kirby, he was accused 

of having acted dishonestly touching money matters, and of having 

insulted a lady. A farcical court-Illill'tial bad acted on his case, and 

in defiance of the law and common sense and fairness had convicted 

him. We argued these questions frankly to this House. The bill was advocated by my friend from Indiana, [Mr. BROW!I."'E,] by the chair- man of the Committee on :Military Affairs, [Mr. HEXDERSON,] and by 

other gentlemen who had carefully examined it in committee, and I 

believe was carried through the House by a vote of nearly two to 

one, notwithstanding the gentleman from Wisconsin [Mr. BRAGG] 

resm'ted t.o filibustering ex.-pedients to defeat it; an£1 it passed the 

Senate by a large majority, and the Senhte hill i · now lying on your 

table. 

The affirmative vote I find in the REcono on the Kirby case was97. 

'.I.'hese ninety-seven gentlemen, therefore, have been committing the same fault that I have in that case; but upon the gentleman's theory I am not permitted to come in and urge that this bill ought not to pass, 

for the reason that I once advocated the passage of some bill which 

the gentleman hlmself in the minority thinks the majority should not 

have passed. I cannot see the relevancy of that argument. I can- not see that tlw Kirby bill cuts any figure in this case. It has been 

disposed of. If I have on any occasion votecl foraman whohaasnb- . equently disgraced himself (which I do not believe) I hope God will 

forO'i\"e him and rue too. That "me too" is original. [Laughter.] 

Now, Mr. Chairman, I am about done with this question. I regret 

exceedingly that gentlemen have indulged in reflections upon their 

colleague on the committee touching other cases not now before us and having no connection >vith the subject now under discussion. 

\Vhat is this case . I have stated once that I believe Major Chambliss 

to be a good man and a gallant soldier. But I do object to his b~ing 

1·e toreu to the Army and retired with the rank of major, for the reason that be resigned that office voluntarily and went out of the 

.service, afterward applied for a pension, obtained his pension, and now seeks to come back upon the register of the Army and get about 

ten times the amount of his pension. I do not think that is 1ight. 

I do not think we ought to pass such a measure, and to do so I think 

will be to establish a mischievous and dangerous precedent. 

Mr. BRAGG addressecl the Chair. 

Mr. WHITTHORNE. I move that the bill be laid aside to be 

1·eported favorably to the Honse. I think, from the discussion already 

had, the Committee ofthe Whole understands t,he bill, and I hope 

my fi:iend from Wisconsin [Mr. BRAGG] will permit a vote to be now taken. The CHAIRMAN. The Chair recognizes the gentleman from Wisconsin [:Mr. BRAGG.] 

Mr. BRAGG. I desire only to make a remark or two. I regret 

.exceedingly that I brushed the hair upon the head of my colleague on the committee [Mr. SPARKS] the wrong way. I had no idea there 

would be such a grand exhibition of fire-works. I regret exceedingly 

his t emper is such this morning that we are not able to show his in-

-consistencies by alluding to the cour e taken in a late debate with 

reference to another Army officer. I sincerely beg his pardon if he 

thinks I intended to reflect upon him personally. 

Ml·. SPARKS. Mr. Chairman, it is difficult forme to appear at all 

mthont rai ing something like "fire-works;" but I have never been 

.able before the public to play so skillfully as the gentleman from 

\Visconsin his peculiar game of "brag." [Laughter.] . Mr. HENDERSON. .Mr. Chairman, I very much wish that when a case of this kind comes before the House we would confine our- elves to the question at issue. I do not propose to discuss the merits 

-of this bill, which was very fully considered by the Committee on Military Affair , and I had hoped met the unanimous approbation of 

that committee. There is but a single question in this case; that is 

whether, under any circumstances whatever, when a man has voluntarily retireclfrom the Army, he shall ever be restored and placed upon 

the retired list. This bill certainly pre ents a strong a case as any 

that could be presented for our consideration. 

What are the facts' Simply that this man, when he was wounded, 

di ·abled, unfitted for service, aml was entitled to be placed on the 

retired list of the Army, thought proper to resign ratiler than become a charge upon tile country. Now, when he finds his disability inereasing, he asks to be restored to tile right which he voluntarily 

surrendered some years ago. I trunk no one who will examine the 

merits of this case, who will read the 1·ecord and history of this officer, can hesitate for a moment to admit the justice of his application, 

which is all the stronger because of the circumstances of his resignation. If he had been an active man, if he had been fitted for the 

service at the time of his resi~nation, if he had not been entitled to 

be retiTed when he voluntarily left the Army, I would not vote to 

restore him and place him upon the retired list. I have opposed the 

pa.ssage of any bills of that sort, and propose to continue to oppose 

them. But in this instance it does look to me as if this officer wa.s · entitled now to the recognition which he asks at the hands of this 

committee n,nd of this Congress a.nd of the country, because ef his 

resignation at the time when he could have enjoyed the right which 

he now eeks. 

Mr. BURROWS, of Michlgan. Mr. Chairman, upon the me.rits of 

this question it seems to me that there ought not to be the slightest difference of opinion, and I do not propose to discuss that subject at 

all. Hnt the question I suggested to the gentlemanfr·om Wisconsin, 

(Mr. BRAGG,] whether the .reinstatement of this officer and then his 

retirement would be counted upon the 1·etired list, I think present an open question, and if it is to be so counted, then I think it ought 

not to be done, because when an officer of the regular Army is re- tired it gives an opportunity for promotion of the officers occupying 

the lower grades all the way down the line; but where you take an outside party and reinstate and retire him, it gives no opportunity 

for promotion, and if that is to be counted in making up the limit 

fixed by law, that is, four hundred, I think it would work great injustice to the other officers of the Army. 

After making the suggestion my attention was called to the proceeding-and perhaps this is not altogether parliamentary for me to 

refer to-in the other end of the Capitol on yesterday, when th.U; 

very question was raised, whether the retirement of a certain officer 

would not be co~mted in addition to this four hundred, and considerable doubt was expressed in reference to it. In view of that doubt, 

I desire to offer an amendment to come in at the end of this bill. 

The CHAIRMAN. The amendment will be reported. 

The Clerk read as follows : 

Pr01Jidd jurtMr, That the retirement pronded for shall be in addition to the 

number now authorized by law. 

1\Ir. BAYNE. There is no objection whatever to tha.t. 

The amendment was agreed to . Mr. ERRETT. Is there not an amendment of the committee pendingT 

The CHAIRMAN. The Chair has not been informed of any pendin()' amendment. 

iir. ERRETT. The committee reported an amendment to the bill. 

The CHAIRMAN. The Chair understands the bill is reported back as amended. 

Mr. HENDERSON. I think that is wrong. I think the committee would oppose the bill without that amendment. There is an . amendment reported by the committee that ought to be adopted by 

the House; that is, to strike out certain words in the bill in relation 

to the rank. 

The CHAIRM.A.1~. The Chair will submit the question pending 

when the bill was last under consideration to the committee. 

1\lr. SKINNER. I would like to ask the gentleman in charge of 

the bill whether, if this bill passes, it entitles the officer to back pay, and if so to how much T 

Mr. McCOOK. It does not entitle him to baek pay. Mr. BAYNE. No, sh·; that was stricken out. 

The CH.AIRl'rfAN. The amendment will be read. 

The Clerk read as follows : 

Strike out the following words in lines 6 and 7: " to which he would have at- tained in service at the date of the passage of this act. " 

The amendment was agreed to . The CHAIRMAN. The question is, Shall the bill as amended be 

laid aside and report.ed to the House with favorable recommendation. The committee divided; and there were-ayes 70, noes 17. · So the bill was laid aside to be reported to the House with a rec- ommendation that it do pass. 

Mr. SPARKS. I shall not make the point of order of no quorum, 

for there is evidently a quorum in the Honse. 

WILLIAM 1'<1. MAYNADmR. 

The next business on the Private Calendar was the bill (H. R. No . 670) for the relief of Major William 1\f. Maynadier. 

The bill is as follows : 

Be it enacted, cf;c., That the Secretary of the Treasury be, and he is hereby, au· thorized and directed to pay to William M. Maynadier, from any moneys m the 

'Ireasurv not otherwise appropriated, the sum of $3, 726.50J the amount paid by him into the .,.l'reasury of the United States in liquidation of a.aeficiency in his accounts as paYIIlaster at Prescott, Arizona. Territory, caused by robbery committed by his 

clerk, D. D. Chandler, at Prescott, April a, 1876, as shown by the finding andreport of a board of inquiry appointed by General Kautz, commanding that military 

department, to investigate the circumstances of the loss; and also the further BUill 

of $100 paid by said Maynailier for the arrest of Chandler, the restoration of both sums having been recommended by said board of inquiry. 

1\fr. HOLMAN. Is there a report accompanJing that bill .¥ If so, 

I a.sk that it be read. 

The report was read. It is as follows: 

The Committee on Milit.ary Affairs, to whom was referred the bill (H. R. No. fi70) for the relief of ~or William M. M&ynadier, report that the committee finding no papers with reference thereto on file with the clerk of said committee, they requested the War Department to furnish a statement of the evidence in their pos- session regarding the loss of the money referred to in the bill, and in reply to this 

request the committee have received the aooompanying documents, which Is all the 

eVIdence before them, and is a full and complete hiBtory of the circumstances. The documents referred to are as follows: 

First. Letter from the honorable Secretary of War, of January 16, 188~, trans- mitting evidence. One shoot. 

Second. Proeeedings of a board of officers convened at headquarters Department of Arizona., November 17 1876, pursuant to Special Orders No. 138, dat.ed Head- quarters Department of Arizona, November 6, 1876, to examine and r eport upon 

the loss of public funds for which MaJor W. M. Makadier, paymaster United 

~a!t~!~~·.,.~:ir.onsible, reported to have been sto en from his official safe by 

This report, together with the documents a.tta{!hed thereto, iu all compri ing 

forty-three sheets, are attached hereto as a part of this report. 

The report ·shows. that Major Maynadier, in the performance of his duties as paymaster at Prescott, .Arizona Tenitory, was authorized to.keep the Government 

money in an iron safe at that place. That his clerk stole or embezzled therefrom 

$4,017 of Government funds, together with $147.35 which Major Maynadier had r e- cei>ed a-s the effoots of a deceased soldier, and absconded. 

That prompt measures were taken by Major Maynadier to pursue and arreat him, and that he was arrested. 

That $290 was returned, and the balance, $3,726.5Q, was replaced by Major Mar· 

nadier, he boiTOv.ing the same. 
1436 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 24, 

Tbe report also sho~s that Major M aynadier paid $100 of his O'\'i'll funds to ecure thfl arrest of the clerk. 

The board states that thi clerk "had been highly recommended by two expe- rienced paymasters, in whose employ he had been, and that during the year t~at 

he sen&! with 11lajor Maynadier he was con~idered hone t and capable. A.gam, t be safe was one which had been specially selected by proper authority for the pay- master's use, and was belie>ed to be perfectly secure." 

The sworn statement of Major Maynadier, which appears as an exhibit to the 

report of the boarcl. shows that the clerk, ~-D. Chan~er, uewr h~d the com bin a· tion of the afe lock , anu was ne>er penmtteu by :llaJor :Y:ayuailier to enter the safe. The same worn statement. ays: ''"Then I received my appointment a payma ter. I a. ked the Payma ter-Gen· 

eTa! if he knew of a suitable clerk he coulu recommend to me. lmthe diu not happen to know of any at that time. Colonel Carey, paymas.ter Unitell Htates Army, then 

]nformed me that he knew of an excellent man, Dand D. (;handler, who had been 

c-lerk for him for two or three years and who was then serving as clerk to Major 

Britlgemau, paymaAi.erUnited StatesA.rmy; that he could recommend him as being a. goodclerkan(larcliauleman. Upon such r cornmemlation I employed Chandler as my clerk. although pre>iously I had no knowledge whate>er of the man. " 

The board. clo~e their report in the following word : 

" In conclu~ion, the board find that Major :lla.ynadier was on dutr by proper authority a pa.yma ter at Prescott, .Alizona; that he was duly autborized and 

required to ];:eep -public money in a safe prondf'd for the pnrpose, there being no depository available; that be di(l so keep public money, though not in exce s of what the service at his station requireu; that tl1e afe pronded for him was a large fire and burglar proof one, manufactured by Jonathan Kitridge, of San 

Francisco, ha~ two combination lock~, the outer one being 'I'. E. Burwall's and 

1lle inner one' Young's rotary combination;' that Major .Maynadier never made 

kno\VU these combinations: that aid safe appears to be a good and ecnre one; that the clerk, D. D. Chandler, was well recommended and apparently capable and 

trustworthy; that on March 31, 1876, Ma,jor Maynadier had m his safe what under a customarily careful count a_ppeared to be $4,081.11, but there hould have been 

$4,29.1!.46; that on:Monday, April3, 1876, he found in his safe only $211.46, the bal· ance, $4-,017, haling been stolen by Chandler, who afterward returned $290.50; 

lealing the amount actually lo t by Major Maynadier $3,726.50. " The following tabular statement will show more biiefiy the exact tate of the case: 

.Amount slio\VU as on hand by. tatement of .April I, 1876 ................ $4,0 1 11 .Amount received in Ma.r h, 1876, but not reported until May (effects of 

deceased soldiers)..................................................... 147 35 

True amonnt for which :Major Maynadier was responsible. . . . . . . . . . . . . . 4, 228 46 

.Amount found in afc after burglary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 46 

Total amount stolen................................................ ..... 4, 017 00 

Amount returned by Chandler upon hi arrest.......................... 290 50 

.Amount actually lost.................................................... 3, 726 50 

''Under instructions of the Paymaster-General, MaJor Maynadier has refunded 

the amount lost. but so far as the board can ascertain it belie>es that Major May. 

na<lier exercised due care in the keeping of the public money intrusted to him, and t.herefore recommend that he be relieved from responsibility for the loss of the 

$3,726.50 and that thi<J amount, increased by the $100 paid by Major Maynadier tor the arrest of Chandler, making_ a total of $3,826.50, be re tored to Major W. M. M..'l.)'lladier, paymaster United ::st.ates Army. " There b ing no further busine~s before it, the boar(l ad.journed G'ine die. "RODNEY SMITH, 

"Jlajor and Paym.a.ster, United, 'ta~es .Army, Preside11t. . "C. A. REYXOLD , ''Major and Quarternta11teJ•, "C'nited States .Army, Mt!mbl!1-. 

"JO~ SIMPSO~. 

" Captain and .AsG'istant Qua11ermMte•·, United States .Army, Recorder.·• 

The committee find that precedents appear to show that when money is lost in 

the cru tody of a disbursing officer under circwnstances as above de cribed it is 

returned to him by act of Con!!reSs. 

Major Maynadier had lost the interest upon the amonnt for nearly b: year , which he. does not seek to have restored to him. House bill No. 670 is therefore reported back, with recommendation that the bill 

ito pass. 

:Mr. HOLM.A.J..~. I ask that those portions of section 1059 of the 

Revised Statutes which I have marked be read. 

The Clerk read as follows : 

The Court of Claims shall ha>e jurisdiction to hear and determine tho followin~ 

matters: · .First. All claims founded upon any law of Congre , or upon any re!!ulation of an Executive Department, -or upon any contract, expressed or impliea, with the 

Government of the United States, and all claims which may be referTed to it by either House of Congress. 

*' * * " * * 

Third. The claim of any pa:vmaster, quarterma.ster, commissary of sub istence, or other disbursing officer of the United States. or of his administrators or execu- tors, for relief from responsibility on account of capture or otherwise, while in the 

line of hi<J duty, of Government funds, vouchers, records, or papers in hi charge, and for w lrich such officer was and is held responsible. 

:Mr. HOLMAN. Mr. Chairman, I am unable to perceive from anything wllich appears in this report why this bill should now be presented for our consideration. This officer was entitled to have had an adjudication of his case through the intervention ofthe Court of 

Clrums. The third. clause of the section of the act which has just 

been read confers jmisdiction expressly·upon the Court of Claima 

in any case where a d.isbuning officer seeks to be relieved from responsibility on account of capture or otherwi e of Government funds 

while in the line of duty; that is to say, in all cases where relief is 

sought by such officer for lo es sustained while in the performance 

of his duty. • 

To my mind the argument i conclusive that this claim is not one properly before Congre , unless it be hown in some way sati factorily that for some cause the officer was not able to ~et in the Comt 

of Claims the relief to which he was entitled under the law. I hope 

the gentleman reporting the bill will show how it has happened that 

tlus oourt which had jurjsd.iction over the matter was not resorted 

tof or why this gentleman failed to a Yai l him elf of that opportunity. 

There was a tl:ibunal authorizt:'tllJy law to try the. case, and where a judgment in the ca~e of a c..lisbnr ing offi,'!er, unrler this paragraph 

of the section, would ha>e been final and conclusive. But it seems that he has not thought proper to go to that source of relief that has 

been furnished by the Government. 

Yr. HENDERSO:N. 'Vill the gentleman allow me to make a suggestion Y 

}Jr. HOUlli~. Certainly. 

:Mr. HE~"'DERSON. I think a carefulexaminationofthatstatnt& 

will show that it does not cover the ca e. }lr. HOLMAN. That it does not cover it 

Mr. HENDERSON. Yes; that it does not cover this case. Mr. HOLMAN. I am not able to read the statute unless this provisien does cover this case. This was a disbursing officer. "The 

claim of any paymaster, quartermaster, commissary of subsistence or otherdisbursing officer of the United States." He was a paymaster. 

''For relief on account of capture or otherwise." It covers thew hologrounc1, no matter how the loss occurred, whether "by capture or otherwise." It does not matter whether it occurred by embezzlement 

of a subordinate or by another cause. It is oovered by the words her& 

used, " by captme or otherwise while in the line of duty." Certainly 

my friend does not propo e to relieve him if he was not in the line or duty. "While in the line of duty, of Government funds, vouchers, 

records, or papers in his charge, and for which such officer was and is 

held responsible." . There is something latent and. hidden about that if it does not apply to this case. Here was a d.isbmsing officer, a paymaster, one or the officers named. in the act, having charge of public funds, and he· alleges tho e funds were lost by the embezzlement of his clerk, and 

yet he shows satisfactorily to my mind that his clerk could not get 

into that safe, and there are no facts before the committee to show that 

the clerk did get into that safe~ and yet my friend, I say, suggests the 

law does not cover this case. It leaves me o embarrassed in discussilig the question, because I founcl my opposition on the statute and 

the lack of proof of embezzlement, that I give way to my friend toexplain why it does not cover theca e. ~Ir. WHEELER. lli. Chairman, in the examination of this case the Committee upon Military Affairs considered very carefully the 

evidence which was placed before them by the War Department. 

They also considered the action of Congress in previous instances or a like character. The closing words of the report are as follows: 

The committee find that precedents appear to show that where money has been 

lost in the custody of a. disbnrsin~ officer under circumstances as above descri.bOO 

it has been returned to him by act of Congress. 

I hold in my hand volume 1 of a work published by Congress con- taining an alphabetical li t of private claims brought before the 

Senate of the United States. I have selected a few ca es from this 

lengthy list, all of which are laws enacted by Congress, and all of 

which were laws reimbmsing officials for money lost or stolen. ~Iany of the cases cited were reimbursements to officers of money 

lo t throug-h the defalcation or theft of clerks or deputies. I hav& 

only exammecl the first part of the list extending from the letter A 

to the letter G. The paper I have prepared gives the names of th& 

beneficiary under the act, the date of approval of the law, and th& 

page upon which the case is reported. I request that the paper b& 

read from the Clerks de k. 

The Clerk read a follows : 

List of o.tficers 1vho had public funds stolen from then~ and relieved of 

1·esponsiJJility to the Gm:ermnent of the United States by act of Congress:-

Yame. Date of act. Page~ 

ti~~~~ ~:: ~:: ~ ~ ~ ~ ~:::: ~ ~:::::::::::::::::::::::::::::: ~1!: ~!: ~H~ 

~~~¥.f:L_:_-~::.-.::-~:::E:~~-·E:_-_·:·:·:_. fit~~ itatiou. 

Clarke, E. St. Clair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Feb. 25, 186i 

8~f:~.Jj ~::::::::::::::::::::::::::::::::::::::::::::::::: ¥=~ ~: ~~~ Cocke, E. M., widow of J. H. Cocke ... . ..................... Apr. 6, 1860 

Collier, T. W ................................................ Apr. 29,1878 

Cross,O . ... .............. ..................... ..... ......... Jan. 7,1853 

8:t'!~~~.a~:~·-~::::::::::::::::::::::::::::::::::::::::::: i:~: 1::i~~ 

~~d~: ~:\v-:::::::::::::::::::::::::::::::::::::::::::::: ~: ~:i~: 

~~~~~~r-~: i ~~:: ::::::::::::::::::::::::::::::::::: :::~ :: rEa ~: }~i 

~r:C!·{:; ~ :::::::::::: ~::::::::::::::::::::::::::::::: ¥:!. ~:~Hi Ea-ston, L. C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :May 25, 1856 

~f~ :~ :~~- :. ·;·;::: :::~: :::::::::::::::::::::::::::::. ~ ~: ii 

Gardner, E. E., widow of W. F. Gardner .................... Feb. 21,1873 

Gate-s, S. M ....................... -.- ....• -. . . . . . . . . . . . . . . . . . Mar. 3, 186!) 

Gibbons, H. S .............. ..... . . ..... ....•................ Mat·. 3,1869 

g~: ~r~~e~-s::::::::::::::::::::::::::::::::::::::::::::: :f~~ 1~: i~~~ 

5T 

64 

96, 

117 

157 

186. 

216-

323 

326 

340 

346;. 

356 

407 

414 

419> 

425 

433 

442 

447 

489 

497 

52'J 

5::8 

529 

P47 

566 

066 

59(). 

64!)· 

656: 

668 

684 

704;.. 
1882. CONGRESSIONAL RECORD-HOUSE. 1437 

Mr. ·wHEELER. I might have gone on through the alphabet, and 

-through the various volumes of private claims which have been favor- . ably acted upon by this body, but I did not feel it necessary to occupy 

the time of Congress upon that subject. Enough has been cited to 

show the uniform course of legislation upon such matters. I stopped 

with the case where Congress relieved and reimbursed ex-President ·Grant for moneys stolen from him while a disbursing officer of the 

.Army of the United States. 

Every one of the cases reacl by the Clerk were similar in character 

to the one now before the committee, and I have been unable to find 

-that any of them hacl more merit than the case now under consideration. 

With regard to the statute my friend from Indiana [l\1r. HOL:\I~] 

bad reacl fi·om the Clerk's desk I desire to say one worcl. I request 

-that the House will give the section 1059 a critical and judicial examination. It states that the Court of Claims has jurisdiction 1

' for re- lief from responsibility on account of capture or otherwise." 

Now every lawyer in this House will admit that in judicially con- struing this language we cannot extend the meaning and use of the 

worcl '' otherwise" to cover every character of loss, as is contended by 

the gentleman from Indiana, [.1\ir. HOLMAN.] Such language in a statute construed as I submit it always is and always should be, by 

tlndges and lawyers, can only be extended so as to refer to losses of :a character similar to losses by capture. For instance, lo ses caused 

by or inciclent to war. If the word "otherwise" included every loss, 

then the wonl "capture" would mean nothing, and we cannot assume that Congress used so significant a word a "capture" without 

attaching some meaning to it. If the law-makers had intended to 

include money stolen by a clerk in time of peace they would have 

usecl different lau~uage, and if they had meant, as my friend suggests, to cover all 1osse , they would not have used the word "capture." 

Therefore I think the reasonable construction of that statute would 

not give the Court of Claims jurisdiction in this case, and we are .strengthened in this view from the fact that we see by the paper read 

by the Clerk that since the organization of the Com't of Claims Congress has gone ou and relieved officei'S in ca-se like this ; and we all 

know that during this se sion bills have pas ed the House and Sen- :ate of a like character. 

It seems to me unneces ary to detain the House by further di ·cus- siou, and I leave it to this honorable body in the hope they will sus- tain the committee, who, I as ure them, made every effort to give it .the careful examination snch a case merited. 

Mr. BURROWS, of .Michigan. l\Ir. Chail:man, I only de ire t o say 

this one word. I am unable to eli cover why the Court of Claims has not jurisdiction of this matter, and I entirely disagree with the gentleman who has just taken his seat that the statute was not intended to cover just such case . Indeed I hold in my hand tho ninetyfourth volume of the Reports of the Supreme Court of tbA Unitea 

States, of a case decided in 1876. It was decided by the Uourt of 

Claims in the first place, and come up on appeal to the Supreme Com't. The statement of the case in the head-note is thi : 

On the 12th of April. 1873, Clark file<l his "l,>etiti.on in the Court of Claims pray- ing relief from responsibility under the act of 1\I.ay 9, 1866 (14 Stats., 44)-

Which is this identical acton account of tl1e loss by robbery of funds to the amount of $15,979.87 belonging to the United States, and in his hands ali a paymaster in the Armv-. The united :States plen.ded the general issue and the statute of limit.ation . • 

That was the case of a loss by a paymaster of the United States 

Army, who filed hi petition in the Court of Claim under this identical statute. He obtained judgment, and then the ca e, upon an -appeal to the Supreme Court, was rever ed by the Supreme Coul't of 

the United States. 

Now, upon that question I have no doubt but what the Court of ·Clu.imB has jnristliction of this matter, and it ought to go there. Ancl 'While I am up, without detaining the committee a 1ooment., I chal-

·lenge the t1ttention of the committee and the gentleman who has 

tllis matter in charge to the fact that nowhere in this report are the 

circmnstauces statecl nuder which this money was st.olen. Now, we never have granted 1·elief except in those cases where it appeared 

that the officer having chfl.rge of the money exercised due care in .::tkin~ care of it. But in this case, from the beginning to the end, 

there 1s nothing in the report even stating th~ circumstances under 

which the money was lo~t; whether the officer went out of the room aud left the safe wide open; wlletber he was guilty of the grossest negligence or not. Notlling of this kind appears in this report; and 

I sn lnnit, independently of the question whether the Court of Claims 

has jnristliction of this matter or not, that upon this report this claim 

ougllt not to pass, because there is not a statement in it from beginniug to end of any of the circumstances, much less anything show- in~ orllina.ry care or any care whatever. As long as the report is . ut.t erly silent upon that question, I submit that we ought not to pass a claim of t.llis magnitude until the committee having thismatterin 

charge shall clisclose to the Committee of the Whole the circumstauces nu(ler which the money was lost, so that we may judge 

whether orcliuai'Y care even was exercised in the custody of it. 

Mr. HOLl..IAN. I movo t.o strike out the enacting clau e of the 

uill. 

On t-he qnestion being taken on Mr. HOLMAN'S motion there were- :ayes :Ji, llOCS 18. 

So (furtller count not being called for) the motion was agreed to. 

CARLILE BOYD. 

The next business on the Private Calendar was the bill (H. R. No . 1400) for the relief of Carlile Boyd. 

The bill was read, as follows : 

Be it enacted, dJc., That the President be, and he is hereby, authorized to rein- state Captain and Brevet Lieut~nant-Colonel Carlile Boyd, lately of the United 

States Army, who was wholly retired from the service on the 22d day of March, 

1879, and to retire him in the grade of captain as of the date he was wholly retired, 

charging him mth all extra pay and allowances paid him at that time. 

The bill was reported with the following amendment: 

In lliie 8 strike out the words "as of the date he was wholly retired, charging him 

with all extra pay and allowances J?aid him at that time," and insert in lien thereof 

"from and after the passage of this act. " 

The re;port was read, as :(ollows : 

The Committee on Military Affairs submit the followin~ report on the bill (H. R. No. 1400) for the relief of Carlile Boyd, late captain in t.ne Army: Carlile Boyd entered the military service of the United States aa second lien ten- ant Fifth Regiment New York Volunteer Infantry May 9 1861. Was promoted to be major of that regiment January 1, 1863, and was mustered out at expiration of term of' service May 14, 1863. Was appointed major Veteran Reserve Corps Sep- tember 17, 1863, and lieutenant-colonel Veteran Reserve Corps September 29ll863, 

and honorably mu tered out Jlme 30, 1866. Was appointed captain Forty-tourth United States Infantry July 28, 1866, and brevetted major and lieutenant-colonel Unit~d States Army March 2,1867, for gallant and meritorious conduct at the battles of Gaines's Mill and Groveton, Virginia. He was transferred to the Seventh 

United States Infantry May 27,-1869, in which re!!iment he served until wholly retired, March 22, 1879. Captain Boyd was ordered' before a retiring board in February, 1879, at which time he had been absent from his regiment sick for about four 

years. The board reported that he was incapacitated for active service on account of anremia and lung di1 ease, which report with the proceedings were forwarded to the War Department, and subsequently returned with instructions to the board to investi~ate u charfe of intemperancemade againstCapt.ainBoyd by an inspecting officer ill Dakot.a 'I erritory in May, 1877, at which time Captain Boyd had been at hi.8 

home sick and under medical treatment for the cliRea e of his throat and lungs for more than two years. Tho board recom·ened in March, 1879, and again examined 

Captain Boyd's ca e, especially with reference to the saidchare:e of intemperance, and reportetl him incapacitatect for actiYe serviceou account of anremia and lung dis- ease, but failed to fintl that his disease was incident to service, but that it resulted 

mainly from intemperance. Upon this finding Captain Boyd was wholly retired 

March 22,1879, mth one year's pay. It appears from the record that Captain Boyd made no defense against the charge of intemperance. nor effort to show that his 

disease wa incident to ervice, and it does not appear from the endence before the 

board that he had been intemperate to a degree that interfered with the perform· ance of his duties as an officer. He bas, however, present d evidence before the 

committee which shows that his long disease was in aU probability the result of an attack of pleurisy contracted in 1870, while in the line of his duty, and that from 

that periotltmtil1874 he was to some extentincapacitatedfrom the discharge of hi~ 

duties in consequence of it. In October, 1874, he obtained a leave of absence, and went to his home in Philadelphia, where he remained tmtil:March, 1879, (the date of his retirement,) sick ancl unfit for duty. There can be no dispute in regard t{) Cap- tain Boyd's gallantry and efficiency as an officer up to the period. when. aR he alle)?;es,'he was attacked by pleurisy. He was severely wounded at Groveton, Vir- ginia, (second Bull Run,) August 30, 1862, and was captured by the enemy. The cha rge that the sickness from which he suftered at the date of retirement was not an incident to his service does not ap:pear to be fully sustained, althou~h there is endence that at times Captain Boyd mdulged freely in the use of stimmants. The certificate of at lea t one Army surgeon (Major Basil Norris) is to the effect that 

in June, 1880, Boyd 's chest mealiurement showed" that the left half of the thorax 

is one inch smaller than the right half, " a condition which in his opinion "resulted 

from a pro"\"ious attack of pleurisy and consequent contraction of the lung," thus, 

:partially at lea t, substantiating the assertion of Boyd, that the attack of pleurisy ill 1870 was the cause of his physical disability. 

At this time Captain Boyd's condition is very serious, and lmder all the circumstances, taking into consideration his long service, his wounds, and the fact that 

he is a great sUfferer, your committee recommend the pass~,ge of the bill with an amendment. That amendment is to the effect that he shau be placed upon the 

retired list from the date of the passage of the act. Your oommitt.oo also repori that a bill of a somewhat similar character was favorably reported to the House 

during the Forty-sixth Congress. 

The quAstion b6ing taken on the amendment reported 1>y"the com- mittee, it was adopted. 

The bill as amended wa,s laid aside to be reported t-o the House 

with the recommendation that it do pa-ss. 

V. M1N.ALLY. 

The next business on the Private Calendar was the bill (H. R. No. 

721) to authorize an appointment in the Army. 

The bill was read, as follows : 

Be it enacted, cf:c., That the President is hereby authorized to nominate and, by and with the advice and consent of the Senate, appoint V. McNally, the present 

chief clerk of the Ordnance Department, an ordnance storekeeper in the Ordnance 

Department of the Army; and all laws incomdstent herewith are hereby snspended 

for the purposes of this ad only: Prwided, That prior to his appointment he sh.all 

have passed a satisfactory examination before a board of ordnance officers. 

The Clerk proceeded to read the report. Before the reading was concluded, 

Mr. SPOONER said: I think it will be unnecessary f~r the Clerk 

tv .read the appendix containing the report of the Secretary of 1\r ar and accompanying papers. 

'l'he CHAIR.MAl'f. The gent.leman from Rhode Island [Mr. SPOONER] asks that by unanimous consent the further rea «ling of the report 

be dispensed with . Mr. HOLMAN. I do not know if the reading of the report is listenetl to very attentively by the committee. But as a general thing 

I think the report should be read in full. · 

Mr. SPOONER. What follows is in a great measure a repetition 

of what has been already read. · Mr. KLOTZ. The letter signed by the Secretary of War is cer·· tainly not a repetition of what has been read. 

Mr. SPOONER. I have no objectwu to the reading boing proceeded with. 
1438 CONGRESSIONAL RECORD-HOUSE. FEBRUARY- 24, 

The Clerk proceeded to read the commilllication of the Secretary 

of War. The report in full is as follow : 

The Committee on Military Affairs, to whom was referred the bill (H. R. No. 72i) to authorize au appointment in the Army, have duly considered the same and 

accompanying papers, and recommend that it pass. The facta upon which this recommendation is based are so fully set forth in the 

letter of the. ecretary of War and the report of the Chief of Ordnance that your committee ask to make them a part of their report. 

WAR DEPARTMENT, 

Tra,~; hington. Oity, January 16, 1882. 

Srn: I ha.~e the honor to acknowl uge the receipt of your letter of January 13 

in taut, inclosin~ bill (H. R. No. 721) to authorize au appointment in the Al·my, and 

requesting my VIews thereon. 

In reply, I havethehonortoinclo e to you herewith a communication addre sed to the Secretary of War under date of January 14 instant. by the Chief of Ord- nance, attached to which is a copy of a communication addres ed by me on the ame subject, December 19, 1881, to Hon. JosKPH R. HAWLEY, United States Senate, 

in which I recommend a favorable report upon the bill then before me, which, I 

believe, was identical with billH.R.No. 721. Innting your attention to these papers, I have the honor to be, Yery re pectfully, :-om· obedient ervant, 

ROBERT T. LLXCOL~ , 

Hon. H. J. SPOO~'ER, ::\1. C. 

&cretary uf War. 

Washington, District Columbia. 

OltDXAXCE Ol'FlCE, W .\U DKPAUTifEXT, wa~liingtiJn, Janttar1J 14, 1 82. 

• ill: I ha~e the honor to retm·n herewith HouRc bill :X o. 721, r eterred by the 

Military Committee for report. 

The "bill provides for the appointment of V. McKally, the chief clerk of th 

Ordnance Department, to be an ordnance torekeeper, provided he shall pas a. 

atisfactor:v examination before a board of ordmmce officers. 

Of the cleven storekeepers in ser'lice, only four are young anu acth·e; the 

others are either on permanent sick leave or over seventy :wars of age.. Tbi appointment will be au eminently proper one, and will giY to the sernce a young and active man with a mo t excellent record, and wl1o deserT s such a reco•rnition 

of his services. 

I inclose a letter Wlitien in 1872 by the then Chief of Ordnance (General Dyer,) 

recommending him for this po ition; and the Secretary of War, your predece. sor, approved my recommendation during the la t session of Congress. 

This bill gives to the service a. much-needed officer, whose ability, indusm, 

Jon; experience, and inti:m&te knowledge of ordnance duties render him mmsualiy 

fit ror the position. All ordnance storekeep r have boon appointed from civil life, 

and some of those appointed have been promoted from clerkship in the Ordnance 

Department. This appointment would be in the light of a civil-sen-ice promotion, as be ha reached, by merit alone, the limit of promotion on th ciru liRt of the 

Ordnance Departmlmt. In addition to the ordinary requirements, he pos e seR the varied technical 

information so essential in the performance of the dutie · of the Ordnance Depart- ment. Ordnance storekooprs have not heretofore been required t{) pa s any examination, but I cordially approve the examination proviso in the accom1)anyin~ bill. Mr. V. McNally's record of nineteen years in the Ordnance Department rs one ot faithful and valuable s&rvice and of important duties lvell perform d, and I 

tronglv and urgently recommend the passage of this bilL 

Very respectfully, your obedient servant, • . V. BE1-."'"ET, Brigadier-General, Oldef of Ordnance. 

The honorable the ECR:b <ARY OJ.' WAR. 

OnDXA..'\"Cr~ OFFlCE, W .ut DEI'An'DffiXT, 

Wa-shington, December 1~, 1872. 

.. m: hould promotions and appointments be allowed in the Ordnanc Depart- tnent this session, there will be two vacancies in the list of storekeepers, and I 

have the honor to recommend Dr. V. McNally for one of the place . The doctol' 

ha.s been in the employment of the Department, fir tat the 'pringfield Armory, and 

then in this bureau, since April, 1862; and has, by his talents, aoquirements, industry, and faithfulness, reached the position of chief clerk, which he ha.s filled 

during the past twelve months with signal ability and to my entll-e satisfaction. 

The large pro~erty and money responsibility that sometimes fall to the lot of a. tor0keep~ reqwres that he sbonltl be a man of just such habit , acquirements, 

and experience as I know Dr. McNally to po · ·es , and believe that his appoint- ment would be an excellent one. I therefore· earnestly r ommeml him to your favorable consideration for the po ition of storekeeper, or any other of equal promi- nence in the Army. 

Very respectfull.r, your obeuient serYa.nt, .A. B. DYER, ChiRj of Ordnance. 

Henorable KCRETARY OJ.' WAR. 

MPE~J)l.X. 

.A IYI]J'IJ of the Secretary of TFar·s rCJJOrt 01~ enate bill Xo. 190. 

W AU DEP ARTME...>i;T, · Washington Oity, Decemb~n" l!J, 1!3'1. 

m: In reply to your letter of th 17th instant, inclosing bill " R. 190, to authorize an appointment in the Army," requesting my -.iews thereon, I have the honor to inclose to you a copy of a. communication this day :received from the Chief of 

Ordnance, inclosin~ a. copy of a. communica-tion dated December 12, 1872, t{) the· Secretary of War, from General A. B. Dyer, formerly Chief of Ordnance, to which 

I invite your attention. 

I concur in the views e:q>ressed by General Benet. the Chief of Ordnance, in 

rMpect to the proposed appomtment of Mr. McNally as au ordnance storekeeper, and have the honor to recommend a fa.vorable report upon the bill now before yon. Very respectfully, your obedient erYant. ROBERT T. LITCOLN, 

Ron. JO RPH Jt. H.nVLEY, U. S. enate. , 'ecretanJ of Trat. 

ORDXA....-CE OFFICE, w A.l~ DEl'.\RTUEXT, 

Washington, December 19, 1881. 

R'lB: I have the honor to return herewith Senate bill Xo. 190, referred by the 

"Military Committee. 

The bill provides for the appointment of V. Mc:Nally, the chief clerk of the OrdnauL'-e Department·, to be an ordnance storekeeper, provided he shall pass a satisfac- t~ry examination before a board of ordnance officers. 

df t.he ele~en storekeepers in service, only four are young and active; the others are either on permanent ick leave or ovel' se-.enty year. of age. Tim appointmentwlll be au em:inentlyprop<.'.ron , and will brive to the er>icea ymmg andacti~e 

man with a mo t excellent record, and who deserve. such a. recognition of hi serv- ice . 

I inclose a letter written in 1873 by the then Chief ?f Ordnance, (Geneml Dyer,) 

recommending him for this position; and the Secretary of War, yom· predecessor, ap~roved my recommendation during the la t ~ession of Congr·es . This bill gi>es to the sernce a much-needed officer, whose ability, indu try, 

long ex:pe1ience, and intimate knowledge of ordnance duties render him unu u- ally fit for the position. All ordnance storekeepers have boon appointed from 

civil life, and some of tho. e appointed have been promoted from clerkships in the 

Ordnance Department. This appointment would be in the light of a ciru-service 

promotion, as be hru reached, by merit alone, the limit of promotion on the civil 

list of the Ordnance D{'partment. In adctition to tl1e ordinary requirements, be posse es the varietl technical 

information RO essential in the performauoe of the dutie of the Ordnance Depart- ment. Ordnance torekeepers have not heretofore been required to pas any examination, but I cordially approve the examination proviso in the accompanyin~ bill. Mr. V. McNally's record of nineteen years in the Ordnance Department IS one of faithful and valuable enrico and of important dutle well performed, and I strongly and urgently recommend the p sage of thi bill. 

Very respectfully, your obedient ervant, , . V. BE~T, 

Brigadier-General Ohief of Ordna11ce. The honorable the ECRETARY OF W.ut. 

0RDYA.XCE OFFICE, W .A.R DEPART:affi!I."T, 

Washington, December 12, 1872. 

lR : Should promotion a.nd appointments be allowed in the Ordnance Depart- ment this e ion, there will be two vacancies in the list of storekeepers, and I 

have the honm.· to recommend Dr. V. Mc::Nally for one of the places. The doctor 

has been in the employment of the Department first at the Springfield Armory 

and then in this bureau, since April, 1862 ; and hs, by his talents, acqu.ii·ements, 

industry, and faithfulnes , reached the position of chief clerk, which be has filled dmin!! the pa t twelve months with signal ability and to my entire sati faction. 

The large property and money responsibility that sometimes fall to the lot of a storekee.Per require that he should be a man of just such habits acquirements, 

and ex:penences as I know Dr. MeN ally to possess, and believe that his appoint- ment would be an excellent one. I t-herefore earne tl:v recommend him to your favorable consideration for the po ition of storekeeper, or any other of equal 

prominence in the Army. 

Very respectfully, your obedient servant, A . B. DYER, Ohicf of o,·dnance. 

Honorabl SECllET~Y OF WAR. 

[Forty-seventh Congres , first se sion.- S. Ko. 190.) 

A bill to authorize an appointment in the Army. 

Be it enacted by the Senate and House of Representati1Jes of the United Sta.tes of America in Oongress assembled, That the President is hereby authorized to nomi- nate and, by and with the advice and consent of the Senate, appoint V. McNally, 

the px·e..,ent chief clerk of the Ordnance Department, an ordnance storekeeper m 

the Ordnance Department of the Army, and all laws inconsistent herewith are hereby suspended for the purpose of this act only: Provided, That prior to his 

~i.d~:~~f:c~:s. shall have ~as ed a atisfactory examination before a board of 

The bill was laid a ide to be reported to the House with the rec- ommendation that it do pass. 

WILLIAM H. GILL. 

The next busines on the Private Calendar wa the bill (H. R. No. 

1047) for the lief of William H. Gill. The bill was read, as follows : 

Be it enacted, &c., That the President of the United States is hereby authorized to nomina.t~ and, by and with the advice and consent of the Senate, appoint William H. Gill a ruilitary storekeeper in the Quartermaster's D epartment, with the ame grade and rank he would have held had he remained continuously in service: Pro- vided, That he hall receive no pay or allowances whatever for the time he shall 

have been out of service, nor shall he be required to refund the pay or allowances 

received by him at the time he was mnstere<l out of the service: .And provided further, That the acceptance of any benefit under this act by the said William H. Gill 

shall be taken and construed 1:{) be by his election a. bar to any claim for pay or allowance from the date of his must~r-()ut t<J the date of his acceptance of a. com- mission under the provisions of this act. SEC. 2. That all aots and parts of acts inconsistent with the provisions of this 

~l~t~iJ:~~ill_nspended for the pnrpo of this act, and only o far a they affect 

:Mr. MAGINNIS. A precisely similar bill has pas d the Senate 

for the relief of this officer and lies on the peaker's table. The 

House Military Committee have made this report; and I ask consent 

to substitute the Senate bill for the Bouse bill, and to put it on its 

pa age . The CIIAIRl\lA...."f. The Senate bill cannot be con idered now, not 

having been referred to the Committee of the Whole House. 

Mr. MAGTh"'NI . I move that the bill be laid aside to be reported 

favorably to the Hou e, and when in the House I will move that the 

Senate bill be su bstit~ted. 

The bill was laid aSlde to be reported fa>orably to the Hou e with 

the recommendation that it do pa s. 

MAJOR G. W. C.il."DE.E. 

The next business on the Private Calendar wa the bill (H. R. No. 

18'2) for the relief of l\lajor G. W. Candee. 

The bill wa read, a follows : 

Be it enacted, d:c., That there be paid to Major G. W. Candee, paymaster, United 

States Army, out of any money in the Treasury, the snm. of $2,650, being the amount stolen from him at Fort Arbuckle, Indian Territory, in the fall of 1869, without 

fault or negligence on his part, and restored by him out of private funds. 

The report was read, as follows : 

The Committee on Military Affairs, to whom was referred the bill (H. R. No. 182) for the relief of MaJor G. W. Candee, Paymaster United States Army, re pactfully submit the followmg report : The committee having fully zonsidered said bill and all the facts upon which 

Major Candee base his application to Congre. s to be relieved from the lo s sus. tained by him, report said bill back and recommend its passage. The fad upon which thls :recorwnendation is made are 1\illy set forth i.n tbe 
1882. CONGRESSIONAL l{EOORD- HOUSE. 

reports of MaJor Candee and of the late Payma ter-General of the Army, General 

:Benjamin Alvord, and in the testimonials of e:fficers of high character in the Army, 

which are hereto annexed and made part of this report. 

Th&committee entert.ain no doubt of the high character for inte~ity and fidelity 

of MaJor Candee and his clerk, and that said loss was sustained w1thont any fault er no~ligence of theirs, and believe that under the circumstances he should be 1'8· 

lievoo fiom the lo s sustained by him: 

WAR DEPARTMENT, 

Washington Oity, January 8, 18 0. 

The Secretary of War ha the honor to transmit to the House of Representati"{"es, for the Committee on Military Affair , copies of r ports of Major G. W. Candee, paJ!llaster, United States Army, and Brigadier-q-eneral Benjamin Alvord, 

Paymaste1·-General, United States .Army, dated, respectively, December 29, 1879, 

and January 3, 18 0, cont.ai.ning information called for under date of December 9, 

1879, by the Hon. Benjanlin LeFevre, sub-committee of the Committee on Military 

.Aifair8, in relation t{) the inclosed bill, House of Repl'esentatives No. 3049, for the 

relief of Ma;jor G. W. Vandee. 

ALEX. RAMSEY. . SecretanJ of War. 

The SPEAKER of the House of llrprescntaticCis. 

COlOIITTEE ON :MILITARY MJo'AlUS, 

HOG E OF REPRESENTATIVES, U.l'iTfED STATES, 

Washington, D. 0., De~mber 19, 1879. 

Srn: The accompanying bill (ll. R. Xo. 304-9) for the relief of Major G. W. Candee, payma ter, United States Army, is before the committee, and referred t{) me for exanlination an<l report. . I respe(}tfully request the following information, viz : First. The niilitary history of the officer. 

Second. 'Vas there a want of I'ea onable care and diligence exerci.-ed by the 

paymaster, Major Candee, while on disbursing duty at Fort .Arbuckle, Iriili.an 

Tenitory, at the time $2,650 waa stolen from his safe1 

Third. Is much consideration due Major Candee for his promptness in repairing the lo s of the amount of money stolen~ 

Fourtl1. If no fault is attached. to Maj'or Candee, and his re{lutation is that of a faithful, industrious, and honorablel?ayma.ster, would the Department hold it to be an 3.{lt of justice if the relief asked for in bill H. R. No. 3049 was granted ~ 

I.am, sir, very respectfully, your obedient servant, 

The Ron . .A.LE~"DER R.ursEr, 

BEN.J. LEFEVRE, 

Sub-committee. 

Secretary of lVar, Washington, D.Q. 

[Second indorsement.) 

WAsliiYGTOS, D. C., December 29, 1879. 

Respectfully returned to the Paymaster-General, inviting attention to the following report: 

November 15,1869, I received orders from my immediate superior officer, Colonel N. W . Brown, assistant paymaster-general, United States .Army, which orde1 

commanded me to leave my station, Fort Smith, Arkansas, and proceed on a. di - bursing tour in a prescribed district, and pay the troops stationed therein. For the purpose I took with me $83,000 in paper currency of the United States, in 

packages running from $100 to $5,000. ..A.t the Creek agency, Indian Territ{)ry, two companies of the Tenth Cavalry were stationed. In paying the said commaml I used $2,350 from a $5,000 package, which amount paid was marked off the stra-p 

that secured the bills; the broken package I returned to the safe and placed it 

with the unbroken packages forming the top layer; I locked the safe and put the 

key in my fOoket, resUDied my journey, arriving at Fort Arbuckle, Indian Territory, at 4 o clock p.m., November 25, 1869. I accepted an invitation extended to me by Captain .Joseph B. Rife, Sixth Infantry, to share his quarters during my temporary residence at the post. .After luncheon, arrangements were made to begm the payment of the troops. I unlocked and took from my safe several pack- ages of money, looking my sate afterwards; my clerk assisted in the removing of 

the straps and placing the bills on the pay-table. 'Vhen I ceasetl disbursing for 

the day I returned to the safe the smalli!IDount of money left on the table. As I locked and took the key from the safe, my clerk, Lewis Candee, inquired if Ire- membered having assorted the broken$5,000 pa(}kage; I replied I did not handle it. 

My clerk secured the straps that were taken from the packa~e of bills paid out. We retired to my sleeping apartment; my clerk looked over the straps ; the one belonging to the broken pa(}kage was not aDiong the nUDiber ; the contents of the 

safe were removed, and no trace of the broken package containing the $2,650 was to be found. On my return to my station, Fort 'mith, Arkansas, I balanced my accounts, and found a deficit of exactly $'1,650. It is evident it had been taken 

from the safe soon after it was opened, and during the few minutes when my clerk 

and myself had our faces to the pay-table, an-angmg the bills in rows and piles of 

their r espective denominations. The loss of the $2,650 being established, my brother, who was then my clerk, insisted that Captain Rife was the thief. I nat- urally felt that he committed the act, as there was no other way for me to account for t.he los , he being the only other occupant of the quarters besides my brother 

and m:yself, yet it was a hard matter to charg_e the officer, whose hospitality I was aooepting, as being tho thief, when I did not uetect him in the ad of appropriating 

the money. In obedience to instructions my brother went to Richfield, lllinois, 

and obtained from my father $2,650, to make good the loss, which aDiount was depoRited with the assistant treasurer of the United States at Saint Louis, MissourL 

It is the unanimous opinion of the officers stationed at Fort Arbuckle at the 

time, that Captain RH'e was the_person who abstracted tho $2,650, which belief is 

strengthened by a later act of Captain .Joseph B. Rife. While comman~g an escort for M3tjor David Taylor, paymaster, United States Army, he took from .Major 

Taylor's pocket during the night, while he was asleep, the key to his safe, opened 

it, and st{)le from the only remaining $10,000 a p3.{lkage of $1,000, which theft later he acknowledged, aml paid back the amount by draft drawn on his brother in 

Philadelphia, Pennsylvania. At this time Captain Rife was forced to resign on account of serious charges then pending, aside from the theft of the $1,000. There ~a.n be no question; it is plain that he appropriated the $2,6.30. 

I feel a though I ani in no manner deserving of reprehension, and that the 

desired .relief should be granted, as the lo's occurred thro~h no fault of my own. u-. W. C.ANDEE, 

Paymafff.er, Vnited tatcs A rmy. 

(Third indorsement.) 

P A TIIASTRR-G 10\'ER.A.L ·s 0 FFICE, 

January, 3, 1880. Respeetfull:v rcturne<l to the honorable Secretary of War. 

As to the militar:y history of Major Goorge W. Candee, pa~-mastcr, he was fir t 

appointed an a.dditional paymaster February 23, 1864 and was mUAtered out Jan- uary 15, 1806. He was afterwards appointed a paymaster iu the .A.nny, January 17, 1867, under the eighteenth section of act of 28th .July, 1866, which required the 

vacancies to be selected from those who had erv d as additional payma tors. His being selected for reappointment xhibitl his standing durin!! the war; and his 

entire course since has been confirmatory of the high charact(''i-lio Ju.ts always helll 

for probity, vigilance, and intelligent discharge of his duties. Thus I doubt not the 

affidavits presented by himself and his clerk, Lewis Candee, his brother, deserved 

t{) be treated with entire respect. His averment as to his care, caution, and dili- g_ence on the occasion referred to should have great weight. His brother, Lewis 

t;andee, several years clerk to him, stands very high in character. No report of this transaction was made to this office. Major Candee, no doubt, 

refrained from making such report, and applied at once to his father for the money to replace the aDiount, under the supposition that the loss must be promptly made up in order to maintain his record. I think that consideration is due this officer for his prompt restitution. The 

claim he has for legislation in this case is no tab olute, but in proportion to his long 

and faithful service to the Government. In private life a rich bank often makes good to a :painstaking, faithful teller an amount unluckily paid or lost, when there is UDID18takable evidence of high 

character and fidelity, though the act of the bank must be one not at all founded. on legal claims, but promptoo by the bounty of the corporation in the spirit of gen-- erosity and good policy toward an unfortunate employe. BE:N.J. ALVORD, Paymastcr-Gen~ral, United States Army . 

A..Pr~-nrx . 

DETROIT, Ml:CIDGA:'l, August 22, 1881. 

I certify that during the years 1866. 1867, 1868, and a portion of 1869 I was in 

command of the posts of :Fort Gib on, Indian Territory, and Fort Smith, Arkan- sas. Paymaster George W. Candee was the district pa:ymaster, and I always con- sidered him as being a man of great probity and exceedingly correct aa a man and 

also as a Government disbursing officer. In 1874, 1875, 1876, 1877, 1878J.and 1879 I was in command of Fort Randall, Dakota.. Major Candee was the aistrict pay-- master, and until ordered to Washington paid my post with great regularity. I 

always considered him a goocl man, and faithful in the p rformance o( his official 

dutio . His brother, Mr. Louis Candee who has always been his clerk, is universally respected for his correct habits and great business capacity. I have always. 

comddered him as being both intelligent and reliable. Being fumiliar with their 

method of doing bu iness, and the >ery great care taken by them in looking after 

the. public funds while making payment , I am fully convinced that his loss or fun!!s in 1860 was not due to any neglect on their part. 

P:r:Nla"'EY L UGE:NBEEL, 

Colonel Fifth Regiment, United States Infa ntry. 

WAR DEPARTMENT, 

OFFICE OF TOE CHIEF SIG~AL OFFICER, Washington, D . 0., August 19, 1881. 

:MA.JOR: Having bocn inf01med that you contemplate applying to the next Congre s for relief on a-ccount of money stolen from your safe at Fort ..A.J.·buckle~ 

Indian Tenitory1 in 1869, I desire to state that I was stationed in that military 

department, servmg upon various duties, as disn'ict commander, post commander, 

and as superintendent of Indian affairs during the time you were on duty there, • and having excellent opportunities for obRerving your con'ciuct at that time I tak& 

great pleasure in thus testifying to yonrhiah cbara(}ter for integrity, sobriety, and 

discretion, and the careful :md prompt pe1·formance of ev ry duty devolving upon you. I sincerely hope that your application for relief may be succe sful, and you are at liberty to make such use of this letter as you may desire. 

Very truly, yours, W.B.HAZ~, 

Brigadier and BrevetJiajor-General, Ohief Signal-O.f!ice:r, V. S. A. 

:llajor G. W. CANDEE, PaY"na.ster, United States .Army. 

392 FRAXXLIY STREET, BUFFALO, NEW YORK. 

Attgu8t 13, 1881. 

I have the honor to state that I have known ~or G. ,V. Candee for a nUDiber (ten or more) of years, serving a part of the time in the same de:parlment with him. I can testify to his promptness and correctne s in business affairs, and his courage and perseverance in traveling over lonely and perilous routes in the Indian country, 

and to his general high standing as an officer and a gentleman. I firmly believe 

Major Candee's los was from causes una-voidable in a frontier country. . D. S. ST.A.N'LEY, 

Oolon.eZ Twentlj-serond Infantry, Brevet Major-General. 

CAMP 0:-i WHITE RIVER, COLORADO, 

August 17, 1881. 

CoLOXEL: It is earne tly- hoped by all your friends that the bill will pass for your relief which is now before Congress. Those who have known you for so long a time in the Army can give t,he strongest assurance of your unimpeachable 

rectitude and integrity, ann in your various imp{)rtant duties y.ou have won their 

highest respoot and esteem. Very truly, yours, ORL.A.l\J)O H. MOORE, Major Sixth Regiment InjantriJ, U.S. A. Col. G. W. CA.."'DKE, U. S . ..A.. , Washington, D. 0. . 

HEADQUARTERS TWENTIETH INFA.... TRY, 

Fort BriYWn, Texas, .August 28, 1881. 

I have known Major G. W. Candee, paymaster United States Army, for the- pa t nine years. During the year 1873 he paid the troops at Fort Randall, Dakota, 

and while "I exercised command at that post. During the years1874 and 1875, while 

~~~~~ =~~~f ~~;:tf~~fi~:~:~~t~::!: ~:J~s Ih~:~b!!! widely apart. My knowled~~ of Major Candee's official transactions has been 

quite 'intimate, and I believenim to be a gentleman of upright character and strict 

integrity. His clerk and brother, Lewis Candee, I al o know well, he havina been 

present and given assistance at the nUDierous inspections which I made of Major- Candee's accounts. He is honest., diligent, and faithful in the extreme. E. S. OTIS, 

Oolonel Twentieth Infantry, Oomntanding. 

~II- . BRAGG. ·without making any imputation upon the character· or capacity of this officer, I desire to say the Committee of the Whole 

have just expressed their sense in the case of :Major Maynadier that no action should be taken by Congress where there is a court hanngthe jurisdiction of the case. The gentleman from Indiana ~h·. HOLl\IA..."") took the position, which was also supported by the gentleman from Michigan, [:Mr. 

BuRROws,] by citing a case from the Supreme Court of the United 

States, that the Court of Claims har:; jurisdiction of aU this class oi 
1440 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 24, 

claims. Now, havin~ disposed of the claim of one paymaster in ac- -cordance with that v1ew of the law, it seems to me that it would be 

highly unjust on our part to make an exception in the case of another 

paymaster, and take jurisdiction of his ca-se ourselves. 

I hope, therefore, this bill will not pa-ss, and I would move to strike 

out the enactin(J' clause except that I see my colleague on the com- mittee the cha~an of the committee, [Mr. HE~""DERSON,] desires to 

be hea~d upon this bill. 

Mr. HENDERSON. Having reported this bill to the House, and 

therefore having charge of it, I feel called upon to make some remarks in reference to the character of the bill. 

It is possible that under t.he statute read by the gentleman from 

Indiana [Mr. HoLMAN,] this case may once have been within the 

operatidn of that law, and Major Candee might have obtained relief 

from the Court of Claims. But I have an impression at the same time that Major Candee has been ad vised that he cannot obtain from 

the Court of Claims the relief that he desires. 

I want to say this much further: I do not know this efficer, and 

this committee now has in its possession all of the information which 

I have upon the subject. I fotmd the paper before me, as they have 

been before Congress for several years. Bills of this same character 

have been favorably reported both by the Committee on Military 

Affairs of the Senate and the Cominittee on Military Affairs of this 

House. Even while we are discussing this bill there is upon the 

Speaker's table a bill which has come to us from the Senate granting 

relief to this officer. 

I wish to say this also-and if I had not been called out of the Hall 

I intended to have said the same thing in regard to the bill granting 

relief to Mr. Maynadier-that while the Court of Claims may have 

jurisdiction in this case, it does not follow that evQn if that court had 

rejected the case, as has boon intimated to me, for the want of suffi- ·cieut testimony, therefore the claimant might not apply to Congress 

for relief. Oftentimes we have cases referred to us which present 

very strong equitable claims, but where there are no legal g~ounds 

which the claimant could insist upon before the Court of Clarms. 

Mr. BRAGG. Will the gentleman permit me to ask him a question f 

Mr. HENDERSON. Cert.ainly. 

Mr. BRAGG. Is it not the fact that that is the reason why Major 

Candee comes to Congress for 1·elief, that he has no evic1ence of his • loss or of the circumstances under which the loss occurred, except his own declaration f Did he even go so far as to ask a board of military 

survey to examine the circumstances of the case Y 

Mr. HENDERSON. He sa.ys he did not know that he could have 

obtained a board of survey. The gentleman says there is no evidence 

in this case. There is the evidence of his clerk as well as his own 

-evidence. J'\fr. BRAGG. I ask the gentleman if that was not the reason he comes here, that he had no evidence to present to the Court of 

Claims! 

Mr. HENDERSON. All I desire to say is that if there is any doubt 

about the fact of Major Candee having lost this money, if there is any 

reasonable doubt in the minds of any member of this committee, then 

let him vote against this bill. . I do not ask any man to vote for this bill if he has any doubt a bout 

the propriety of it. As I have already stated, I do not personally know 

this officer; I do not know anything about him. I have no information upon the subject except a-s I find it in the papers before the com- mittee, and in the favorable reports which have heretofore been 

made by committees of the Senate and of the House in favor of this 

officer. 

When I reported this bill to the House I believed that there could 

be no rea onable doubt that this officer did lose this money, and un- ·der exactly the circumstances stated in the report. That is, that the 

money was absolutely taken from him by the man whose hospitality 

he was enjoying at the time it was taken from him; and therefore 

he was perhaps not as diligent as he would otherwise have been, if 

he had not been in the presence of a br9ther officer whose hospitality 

he ,vas enjoying. Perhaps it would have boon considered rather unkind for him to have suspected his host of being a thief. 

The question is whether or not he lost this money. I think he lost 

itj I have no doubt about it. And I have no doubt that where an -otlicer with the character ·which Major Candee has, who hp.s boon 

constantly traveling in different portions of the country, and having 

in his custody large sums of money, and always acting with honesty 

a.nd fidelity and accounting for every dollar of it except in this case; 

I have no doubt that we ought to give to an honest upright officer, a man of good character, the relief that he asks, if we believe the 

.money was stolen from him, and nuder circumstances where a prudent man might not have suspected a thief to be so bold as to take 

his mouey while inviting him to share his hospitality. 

Circumstances which afterward occurred show clearly that that 

-officer was the thief, for he afterwards took other money which he 

iinaJly surrendered and gave up. I believe, therefore, that he took 

thiR money. 

This case comes before us having been favorably considered heretofore by committees of the House and of the Senate, and a bill has 

recently passed the Senate for the relief of this officer which bill is now upon the Speaker's table. I think this officer shocld be relieved. 'That is all I wish to say upon the subject. 

Mr. TURNER, of Kentucky. This bill is similar to the one upon 

which this committee acted a few moments since. There is no difference in the facts reported by the committee in the two cases, or if 

there is any it is in favor of the bill which this committee has just 

rejected. 

In that case the proof showed that the officer had the money in a safe upon which safe there was a double combination lock, and there was no proof as to who opened that safe or how it was opened, or that anybody was in possession of the combination. The officer 

missed his money, of which there is no doubt. Yet we rejected that 

bill and refused to grant him relief. 

Now, I think we were perfectly right in rejecting that bill, for there was no proof that the officer e.-er was robbed or that there was any 

burglary committed. 

What are the circumstances in tlllil case f Precisely similar, except 

that this man had no double-combination lock on his safe. Where 

he carried the key of his safe nobody knows; there is no account ~iven of it. There is no proof that anybody ever did steal the money 

from the safe, but after the lapse of some time be ascertained that this 

amount of money was missing, because his clerk drew his attention to 

the fact and asked him whether he bad not better look over the packages and see what balance he had in his hands. Upon this examination, 

made on the ad vice of his clerk, he ascertained that he had lost thiB 

amount ofmoney; when, and under what circumstances, therepon 

does not show. Now, I say that the evidence entitling the claimant 

to relief is not so strong in this case as it was in the other. 

But in addition to that, the provision of the Revised Statutes which was read at the instance of the gentleman from Indiana [Mr. HoLMAN] shows conclusively that in cases of this kind there is relief 

given by law in the Court of Claims; and there is no reason given 

by this claimant or by the committee why he should not resort to 

that court. If it was right to drive the other party out of these Halls 

to seek relief in the Court of Claims, it is right to deal out the same even-handed justice to this gentleman, and let him go with his private claim before the court which the RevisedStatuteshave opened. 

to him-a court which can investigate the case impartially and where 

his loss, if there is sufficient evidence, can be established. 

I think, Mr. Chairman, we have adopted a very loo e rule in relieving public officers having funds of the Government iu their hands. 

In every case read by the gentleman from Alabama [1tfr. WHEELER] 

this morning (and the cases were numerous) the proof t>howed con- clusively that a theft or a burglary had been committed. In neither 

of these ca es is there any such proof. The Court of Claims i open 

to this gentleman; why not let him go there in accordance with the 

action of the Committee of the Whole in the case which preceded 

tbisT 

]')fr. HENDERSON. 1tfr. Chairman, I suppo ed that the bill referred 

to by the gentleman from Kentucky [Mr. TURNER] as having bee.u 

rejected by the committee was not rejected on account of the insufficiency of the testimony. I supposed it was rejected because of the 

statute whioh gentlemen of the committee believed gave the claimant relief in the Court of Claims. If this bill is to be rejected, I 

much prefer its rejection should be put on that ground rather than 

upon the ground that there is not sufficient proof of the lo s ; for I 

think no rea onable man can examine all the facts and circtrmstn.nces 

without coming to the conclusion that Major Candee without doubt 

lost this money. But whether we are to give him relief or not is 

another question. I want to say that I am in favor of holding officers 

to a high degree of diligence when they have public moneyl:lin their 

custody; and I am not in favor of relieving them unless it very 

clearly and satisfactorily appears that they have suffered loss without fallit or neglect on their part. 

J'\fr. TURNER, of Kentucky. I do not know what consiuerations 

may have influenced any other member of this committee in voting 

upon the former bill; but I know what influenced me. I voted .to 

reject that bill because there is provided by law a court in which the 

claim oan be investigated in which the claimant can manifest his 

right to relief if he is entitled to any. That was one reason. I voted 

against the bill, in the second place1 because there was no proof presented here establishin~ the fact that a burglary or a theft had boon 

committed; and there IS none in this case-not one particle of uch 

proof. The court is open. Let this man prove his case in the couri 

provided by law. 

Mr. BRAGG. I move that this bill be laid aside to be roported to 

the House with a recommendation that the enacting clause be struck 

out. 

The motion was agreed to. 

!tiARTHA. A. LEWIS • 

The next business on the Private Calendn.r wao th.e bill (H. R. No. 

2141) granting a pension to Martha A. Lewis. 

The bill was read, as folio ws : 

Be it enacted, cfe., That theSecretaryoftheinterior be, and he is hereby, author 

ized and directed to place on the pension-roll, subject to the provisionR aml limi- tations of the pension laws, the name of Martha A. Lewis, widow of William G. Lewis, late a.pnvateinCompany B, SecondRegiment"Vormont Volunteer Infantry. 

The CHAIRMAN. If there be no objection, this bill will be laid 

aside to be reported to the House with a recommendation that it 

pass. Mr. HOLMAN. I think the report ought to be read in each ttf 

these cases. 
~882. OONGRESSIONAL RECORD-HOUSE. 1441 

The CHAIRMAN. The report will be read. 

The Clerk read as follows : 

The Committee on Invalid Pensions, t~ whom was referred the bill (H. R. No. 

2141) granting a pension to Martha A. Lewis, have considered the same, and report:.. 

The committee find the facts to be aa stated in Honse Report No. 1142, Fortysixth Congress, second session, which said report is hereto annexed and made part 

of ~~:;a~~rtA. Lewis is the widow of William G. Lewis, who was enlisted as a private in Company B .. Secon!l :Regiment Vermon~ ln!~ntry Volunteers, August 15, 1862; discharged sru.d serv1ce on account t?f disability, February 12, 1863, and 

died .January 21 1871, of tubercular consumption. "It is alleged that his death was occasioned by disease contracted during his 

service in the Army. ''The Adjutant-General reports 'William G. LewiR sick in hospital, Washing· 

ton, District of Columbia, November and December, 1862; discharged for disability 

Febl'Uary 12. 1863.' 

"The Surgeon-General reports: 'Private William G. Lewis, Compan:y B, Second Vermont Volunteers, admitted to Epiphanl': Hospital, Washington, DIStrict of 

Colnm bia November 17, 1862, with febris typhoid, and transferred .Jan nary 12, 1863; was admitted to Columbian College Government Hospital, District of Columbia, 

January 12 1863, with febris tyP.hoides, and diacharged the service February 11 or · 12 1863. Cause, chronic hepatitis; not incident to service.' 

' .. Smgeon's certificate of disability for discharge states: 'William G. Lewis is 

incapable of performing the duties of a soldier because of chronic hepatitis, having ~xisted prevtous to enlistment.' 

"Lewis L. Bateman, Levi L. Munson and .Joseph Mears testify that they were comrades of Lewis in the service ; that they knew him before his enlistment inti· 

mately ; that he was to all appearance a sound man, and the¥ so considered him; 

that while in the service he was sick, sent to hospital, and discharged; that they saw him immediately after the regiment was mustered out of service; that at that 

time his health was totally shattered, and that he wa-s never well again. "The claimant files an affidavit in which she states her inability to procure the 

affidavit of the surgeon of said regiment because of her ignorance of his residence. 

" Dr. S. H. Griswold states that he was called to treat the said Lewis in April, 1870, and found him suffering from tubercular consumption ; that he continued to treat him till his death, in .January, 1871. 

"Dr. L. D. Ross testifies that he knew the soldier well plior to his enlistment, 

and that at that time he knew him to be to all appearance a sound man; that no disease had at that time developed itself, and he continues: 'Had it lteen otherwise, it would seem to me, from my in.timate acquain~ce wi~ him, I must have 

known it.' Dr. Ross sa.JR that some time after the soldier's discharge he treated 

him professionally for a chronic cough, which the soldier claimed he contracted in 

the Army. At that time he was somewhat emaciat~d and unable to labor. Dr. 

Rosg continues : · . 1 ' I Between the 20th of March and the 20th of April, 1865, I was called to attend 

and treat said soldier for pneumonia, and found him with hi~h fever, difficult 

breathin9.• great pain in leftlun~, distressing cough, expectorating musty-col01-ed 

sputa, len luna- hearuy congesred, from wh1.ch, after fourteen or fifteen days, he 

began to amen(!, and so far recovered as to be able td do some licltt work. He never fully recovered from the cough, which after a few months 'began to grow worse, a,nd he continued to lose flesll. This condition continued as long as I mew him until his removal to Rutland, Vermont, when I ceased to treat hiin. I am of 

-opinion he nevtJr wa-s a well man after his discharge from the Army.' ' ' The marria~e of claimant to the soldier is fully shown by comyetent testimony, .as is also the birth of the following chfldren, issue of said marrmge : Laura, born 

February 7, 1860; Nettie E., March 3, 1862; Ella L., May 15, 1864; Charles W., 

ATJ!"!o:~~:; =ft~d i!~:1 £h~~!~~nce that the disease of which the ~oldier died was attributable to his Army service, and we therefore recommend the 

;passa_ge of the bill. 

Mr. BLAND. I would like to inquire whether in this case the 

soldier himself ever applied for a. pension f 

Mr. JOYCE. I do not know that he did. 

Mr. BLAND. I suppose there never has been any application to 

the Department at all in this case. :Mr. JOYCE. I cannot tell about that; I do not remember. This 

soldier was a member of my regiment, but whether he ever during 

his life applied for a pension, I certainly do not know. 

Mr. BLAND. It seems to me this is a rather loose way of grantin&' 

pensions. If a party thinks he is entitled to a pension, he shoul<1 

apply to the Department in the first place, before coming here. It 

does not appear whether this soldier ever applied for a pension or whether his widow has made application. 

Mr. JOYCE. This report, as the gentleman will notice, is a duplicate of the report made upon the same case in the Forty-siXth Congress. So far as I have known, it hai always been the practice of 

th" Committee on Invalid Pensions not to consider a pension case unless application had been made to the Pension Bureau and refused. 

From the fact that this report wa!J originally made in the last Congress, the present committee having adopted the report then made, I 

have no doubt the fact of a previous application to the Pension Bu- rean appeared. I have really no doubt that application was made to 

the Pension Office either by the soldier himself or by his widow. It 

was the unanimous report of the committee, both of this Congress 

and of the Forty-sixth Congress. 

Mr. BURROWS, of Michigan. I wish to inquire of the gentleman 

from Vermont, because I did not hear a word he said, wheth~r the 

huslJand of this woman made application during his life-time for a. pension f 

Mr. JOYCE. That was the question asked by the gentleman from 

:Mis ouri, and in reply I had stated the fact that the Committee on Pensions had always adopted the rule, so far a-s I know anything at 

all of the proceedings of that committee, not to consider any case which ltad not first been before the Commissioner of Pensions. . 

Mr. BURROWS, of Michigan. Does ihe gentleman know application was made in this case f 

Mr. JOYCE. I do not know it was made in this case, but I know 

it has been the practice of the oommittee not to consider cases wlless 

ktpplication ;had been made in the first instance to the Pension Bureau. 

1\!r. BURROWS, of Michigan. Has Mrs. Lewis made application' 

Mr. JOYCE. I have no doubt the pensioner himself, or his widow, 

has made application. 

Xlll-91 

lir. BURROWS, of :Michigan. If he died of disease contracted in 

the service all she had to do was to make application. We ought t.o 

have information whether application was made or not. I do llllt 

think anybody ought to come to Congress without first making application to the Pension Office fdr relief. 

Mr. BLAND. It is an ungrateful thi:ag I lmow to object to a pension case, but there ought to be some certainty in legislation of this 

sort. We ought to know whether this case has been rejected by the 

Pension Office or not, and if it has been rejected by the Pension Office 

there ought to be some strong rea ons advanced why Congress should 

pass the bill over the decisiOn of the Commiesjoner of Pensi{)ns. 

Now here is a case where a soldier did not apply for a pension, and 

did not think he was entitled to one during his life. Nor has the 

widow, or surviving heirs who may be applying here, made application to the Pension Office ; and w bile it is not a very agreeable thing 

to me to object to any pension case, yet there must be some rule, and 

iN. view of the growing list of pensioners in this country and the great 

complaints of fraud, and the loose manner of granting pensions, I 

must object until there is something more definite given to us in the 

way of information. 

Mr. BURROWS, of Michiga.n. I do not wish to antagonize this 

cl31im, bnt I should like to know whether or not application has 

been made to the Pension Office. I ask by unanimous consent the 

bill be passed over for the present, till that fact can be ascertained. 

Mr. JOYCE. I think the report shows that fact. While I have 

not the least doubt about it in the world that application was made 

to the Pension Office and refused, yet it is not distinctly in my mind. 

Here is a clause in the report which states that the claimant filed an affidavit, in which she stated her inability to p1·ocure the affidavit of 

the surgeon of such regiment because she could not learn his residence. I have no doubt that was an affidavit which was filed in the 

Pension Bureau, and that was the reason why she was refused a pension there. That is all I have to say about it. There is not the 

least doubt the application was made. 

Mr. BURROWS, of :Michigan. If there is no donbt about that 

fact, very well. 

Mr. JOYCE. There is not the least doubt about it. 

The bill was by unanimous consent pa-ssed over for the present. 

SUSAN R. JOHNSON. 

The next business on the Private Calendar was the bill (H. R. No. 

1521) granting a pension to Susan R. Johnson. 

The bill was read, as follows : 

Beitenacted, ~c., That the Secretary of the Interior be, and he is.hereby, author· 

ized and directed to place on the pension-roll, subject t~ the provisions andlimita. 

tions of the pension laws, the name of Susan R . .Tohnson1 mother by adoption of 

George DaVIS, late a private in Company G, Twenty-eight-h Regiment of Pennsyl- vania Volunteers. 

The report was read, as follows : 

The Co~m.ittee on :Invalid Pensions, to whom was referred the bill (H. R. No. 

1521) granting a pension to Susan R. Johnson, foster-mother flf George Davis, late a private in Compa.ny G, Twenty-eicltth Regiment of Pennsylvania Volunteers, l'es~tfully report the following statement of facts and conclusions presented bv 

the Commlttee on Invalid Pensions in the Forty-sixth Congress in this case is 

embodying their views: 

" That Susan .Johnson applied to the Commissioner of Pensions for a pensions on the 5th day of May, 1871, (claim No.195998,) on the ground that she was thefostel'-

mother of George Davis, a. private in Company G, Twenty-eighth Re,giment of 

Pennsylvania Volunteers, who died of disease contracted in the serv1.ce of the Unit~d States, after his discharge, and who was the only person upon whom she 

d8J?ended for support. 'The evidenee is clear and cumulative t-o the fonowmg points, namel_y, "That Mrs . .Johnson was a widow without children of h61' own, and that she 

adopted George Davis when a baby1 raised him, and treated him in all respects as if he had been her own son. "That when George Davis became able to work he did so industrionsl,r, and 

gave his earnings to his foster·mother, and treat.ed her as if she had been h1s owD 

mother. 

"ThatMrs . .Johnson'shusband,.John.Johnson, diedAugust7,1852, and leftno 

prov.erty, so devolving on her the necessity of supporting herself, which she did 

until George Davis grew up so that he coUld earn means with which td support her. 

" That George Davis died of tM disease contracted in the service; that he WM 

a good soldier, and was honorably discharged by reason of expi.Tation of term of 

service, which was for three years or during the war. '' These facts are shown by the records and by the affidavits of tan persons ofhig:h charncter in the communi~ in which they live. 

" The Commis ioner of Pensions of course rejected the claim, their being no law under which he could grant a pension." 

The eommittee, wiiliout going further into the details of the case, recommend 

the pas!tage of the bill, whiCh is be"l'ewith returned. 

The bill was laid aside to be reported to the House with the recom- mendation that it do pass. 

ANNIE A.. HAYS. 

The next business on the Private Calendar was the llill (H. R. No . . 1516) granting arrears of pension to Mrs. Annie A. Hays. 

The bill was read, as follows: · 

Be it enacted, &:c., That the Secretary of the Int~rior be, and he is hereby1 .an· thorized and directed to liquidate and pay to Mrs. Annie A. Hays, widow of Alexander Hays, late a brigadier-general in the United States Army, the snm of $20 

per month from fie 5th day of May, 1864, to the 14th day of .July, 1870. 

The report was read, as follows : 

The Committee on Invalid PE-nsions, to whom was referred the bill (H. R. No 

1516) grantino- arrears of pension to Annie A. Hays, widow of General Alexander 

Hays, respectfbiiy report the following statement of facts and conclusions p~· aented by the Committee on Invalid Pensions in the Forty-sixth Congress in thl8 case, namely : "That General Alexander Hays was bern in Franklin, Vella.ngo County, PeDD-
1442 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 24,_ 

sylvania, on the 8th of .July, 1819. He was the son of General Samuel Hays and 

Agnes (Broadfoot) Hays. Was nadnated at Allegheny College, Meadville, in 

1840, and in the same year entered' the Military Academy at West Point, where he 

w~ ~d~~o~ion was th.a.t of brevet second lieutenant in the Fourth Infantry. His regiment was among the first to advance upon the enemy's territory in the Mexic.a.n war, and in the battles of Palo Alto and Resa-ca de la. Palma, Lien- tenant Hays exhibited undaunted heroism, capturing, in connection with Lienten- .a.nt Woods, the first gun wrested from the enemy. In the latter engagement he 

received a wound in the leg. "In recognition of his gallantry in those actions, he was promoted to the rank 

of first lieutenant, and was trans!erred to the Eighth Infantry. ills wound now unfitting him for arduous duty, he was sent on recruiting service and soon rejoined 

the Army at Vera Cruz with two hundred men. . 11 His fist of Mexic.a.n battles numbers twenty, endina in Za-cnaltapan. "In 1846 he married Annie, daughter of .Jol:m B. McFadden, and resigned his 

commission in 1848. · "His education at West Point had made himaskillfnlengineer, and the country, just then waking up to the importance of railroad construction, had need of such 

talent. He found employment first in California, and subsequently in Western 

Pennsylvania, and was engaged in making the drafts for a bridge for the Allegheny Valley Railroad at the commencement of the rebellion. _ This he at once laid aside 

.a.nd e-nlist-ed in a militia company, of which he was chosen ca{lta.in. Soon after he was commissioned maJor of the Twelfth RepmentPennsylvama Volunteers. After 

the three months' service be raised the t;ixty-third Pennsylvania Volunteers, of 

which he was made colonel. At the second Bull Run battle he was severely wounded. For his services in this action he was appointed and confirmed briga- dier-general of volunteers and lient.enant-colonel in the re~ar Army. At Gettys- burgh his command captured twenty banners and battle-Rags and three thousand 

stand of arms. "He was engaged in all the battles of the Army of the Potomac up to the day of 

his death. He was killed in the battle of the Wilderness May 5, 1864. His sole 

legacy to his widow and seven orphans was an unblemished name and a brilliant 

record of military achievements. 

"Mrs. Hays applied for and obtained a pension, No. 29353, of $30 per month, which 

oontinned until July 14, 1870, when by an act of Congress (United States Statutes at La.rge, volume 16, pa~e 654) her pension was increased to $50 per month. It wa~ 

believed at the time this act was passed that it would cover the period intervening between the date of the death and the time the act wa~ approved. But it turned ont that this act was exceptional in its character." 

Hon. Edwin L. Stanton, on the lith of October, 1870, inqnirecl in behalf of Mrs. 

Hays regarding this, and Hon. H. VAN AER~Ali, then Commissioner of Pensions, 

replietl as follows : 

"DEPARTM:E)t"f OF THE INTERIOR, PENSION OFFICE, 

II Washington, D. a., October 11, 1870. 

"DEAl~ Sm.: The increa-se of pensions granted by special acts of Congress to the 

widows of those genera-ls who were killed in battle mall oases (except to MaJorGeneral Hays) commence at the date of the death of the officer. No invidious distinctions should be made in her case. If the attention of Congre s was called to this, the deviation from the rnle would be corrected perhaps. 

"Respectfully, "H. VAN AERNAM. 

"E. L. STANTON, Esq." 

The circumstances of this case justify the committee in pronouncing this a most deserving application, and the committee report the bill with a recommendation 

that it be passed. 

Mr. BURROWS, of Michigan. This proposes te go back to 1864. 

Mr. 1\.f.AGINNIS. This is the widow of General Alexander Hays, one of the bravest and most gallant officers of the Army. ~lr. MILLER. Why is there any necessity for this if General 

Hays's widow is now drawing a pension of $50 a month f 

Mr. :BLAND. Just one word. Ifi understand this case, this is the 

second time it has been before Congress. Congress once passed a bill 

giving relief to' the extent of $50 a month, raising her pension 20 a montJl. - A :MK~IDER. No, $30 a month. 

Mr. BLAND. Of course that would be in lieu of her back pension. 

That is compensation of itself for arrears of pension-$50 a month 

for the fubure. Now, having obtained thatincreaseof$50 a month for 

the future, the present effort is to go back and secure arrears of pension from 1864 to 1874. Not satisfied with one pension, not satisfied 

with having her pension increased from 20 to $50 for the future, it 

is now proposed to go back and give her the same increase from 1864 

to 11374. If we continue to pass such ca-ses there will be no end to 

the penBion list, nor will there be money enough to pay for all these 

increased grants. ~lr. JOYCE. Mr. Chairman, it ha-s been the practice to grant to 

the widows of general officers a pension at the rate of $50 a month. 

The gentleman from Missouri will see, if he will look at the report 

accompanying this case, that General Hays was killed at the battle 

of the Wilderness on the 5th day of May, 1864. Congress on the 14th 

day of July, 1870, pa-ssed an act granting his widow a pension, and 

it was supposed at that time that the pension would reach back to 

the date of the death of her husband1 and this bill is for the purpose 

of giving that pay that it was at the trme supposed she would receive 

under that act of July, 1870; that is, from the nate of the death of 

her husband, May 5, 1864, down to the 14th of July, 1870, when the 

act was passed. It appears here from this statement of Mr. V .AN 

A:ERNAM, who was then Commissioner of Pensions, that this was an exception to that law, as will appear from his letter in the following 

words: 

The increase of pensio2anted b~ special acts of Congress to the widows of 

~=~~:~s~ d~~ ~eel~~~tj fu~o~c~es:J~~il~~!~~~:ti~~ ~KJ'J be made in her case. If the attention of Congress was called to this the deviation 

from the rule would be corrected perhaps. 

Thus, in all these cases pensions were granted to these widows of 

the men to begin from the date of the death of the soldier; but, as shown by this ,letter, this was an exceptional case, and by some means or other, I do not know how it was, the bill was so framed 

that Mrs. Hays was only llermitted to draw a pension from the date 

of the passage of the special act in her behalf. 

Mr. BLAND. I think I can inform the gentleman, ifhewill allow me to interrupt him for a moment, how this happens, from my own knowledge of such cases before committees. In a great majority of cases of this kind, where these applications are made for back pension, an increase has been granted instead. I do not know whether 

in this case an application was before the House for a back pension o\- not, but frequently these applications are made for back 

pension, and instead of granting the back pension the committee 

in some cases have allowed an increase of pension for the future, and 

it is probable for that reason that this case was increased from $30 

to $50 a month; the application most likely having been made originally for the back pension, but a concession or compromise was ma-de 

in this form by the committee. I do not know that such was the ca-se here, but at any rate the committee have made many such com- promises, and instead of granting the application for back pension, 

have increased it for the future, and, as I sayJ that was probably done 

in this case. But there has evidently been an increase, and now, after that is 

aceomplished, after that increase has been granted, then you want 

to come back again and pay the whole pension, back pension and 

all. I say that is not right or just. 

:Mr. JOYCE. I think the gentleman from Missouri is mistaken. 

The facts in this case show directly the contrary. The facts show~ 

as I stated before, that all these ladies, widows of soldiers, have been 

granted pensions to date from the death of their husbands; and from 

the reading of this aet passed on the 14th of .July, 1870, when they came to construe that law, they found that they could only pay her 

from the passage of the act. 

:Mr. BLAND. How does it happen, then, that Congress gave only $30 a month and then increased it to $50 Y 

Mr. JOYCE. I cannot tell you how that happened. 

Mr. BLAND. Did not she get the same pension that other widows 

get who are similarly situated t 

Mr. BAYNE. All of them get the same rate of pehsion; but this 

case, as has been shown here, is an exception to the general law. 

Mr. BLAND. But was not 30 a month granted under the regular 

law, and that has been increa.sed to $50 Y Now, however, you want 

to go back and draw the back pension in addition to the increa-se. 

It comes back to what I have before stated, that although this in- nrease of $20 a month has alrea-dy been granted, and iR view of that 

increase, what right is there to insist upon going back and asking arrears of pension too f 

Mr. JOYCE. I do not understand it so. Mr. BLAND. I do. 

:Mr. HAWK. I do not rise to antagonize this bill, but I wish to 

say simply that it seems to me this bill is giving arrearages; that is 

to say, it is in that line. Now we know that there are many meritorious cases where this Congress has refused to give arrearages of 

pension, and it seems to me that we should treat all of these cases alike. Either we must reject them all, or a-dmit them all. 

Mr. McMILLIN. Will the gentleman permit me to make a suggestion f 

Mr. HAWK. Certainly. 

Mr. McMILLIN. I know, being a member of the Committee on Invalid Pensions, that it is not proper that I should state what occurs there or what is now pendin.g before that committee. But in the line 

of the su~~estion made by the gentleman, and as fortifying his position, I WUl suggest that if you will search all the reports made by 

that committee you will not find another one in which there are arrears allowed. This is the only one. Mr. HAWK. I desire to be informed on that point. As I have 

stated, I do not desire to antagonize the bill. This woman, justly 

and properly, I have no doubt, has received $50 a month pension. 

It was perhaps the intention at the time to give her this additional 

pension to extend back to a certain date; but the law failed to ac- complish that object. Now a bill is brought in which l>roposes 

to make up all that pension that is claimed and go hack allowing 

arrearages. 

Mr. BLAND. Will the gentleman allow the law to be read in this 

connection 1 . Mr. HAWK. I will be through in a moment. 

There are, sir, many similar cases, I have no doubt, cases almost 

parallel with this, which, it seems to me, are just as worthy-possibly not widows of gallant officers, but widows of men just as earnest, 

just as patriotic, just as determined in the prosocution of t.he cause of the Union. 

God knows I ·would be the very last mtlll upon this floor to appear even to anta~onize a measure of this kind; but it seems to me we must be consistent in these matters. That is the point I desire t() 

make. 

Mr. BATh~. Will the gentleman now allow me to make a very 

brief statement Y 

Mr. HAWK. Certa,inly. 

Mr. BAYNE. I desire at the same time to reply to what was said 

by the' gentleman from Tennessee, [llr. McMILLIN.] The gentleman 

from Tennessee says the Committee on Invalid Pensions has made no other report similar to this. The simple reason is therQ is no other case shnilar to this ii the whole American Union. 
1882. CONGRESSIONAL RECORD-HOUSE. 1443 

This lady received bythe uniform pension laws $30permonth. A 

special act of Congress was passed giving her $50 a month. By some neglect or oversight on the part of those who drew that bill the 

pension only accrued to her from the dat.e of the pa:ss~~e of the act. 

Other pension bills were passed giving to widows similarly situated 

with this lady $50 per month, and every single solitary one of those 

bills gave the pension of $50 per month from the d:ate of the death of 

the officer. This is the only exception in the whole country, and the 

only one whieh needs a remedy, and this bill provides a remedy. 

I wish to call the attention of the committee to thi.s fact: the case was reported upon by the Commissioner of Pensions at that time, 

Dr. VAN AERNA.l\!7 now a member of the House. He says in his letter to Mr. Stanton: 

DEAR Sra: The increase of pensions granted by special acts of Congress to the 

widows of those generals who were killed in battle in all cases (except to Major· 

General Hays) commenced at the date of the death of the officer. No invidious 

distinction should be made in her case. If the attention of Congress was called to this the deviation from the rule would be corrected perhaps. 

Mr. HA. 'WK. I want the gentleman from Pennsylvania to explain 

just one thing: how is it this was not claimed before by this widow f 

Mr. BAYNE. It has been claimed. The bill was reported favorably in the last Congress. The claim w~s presented to the Commissioner of Pensions and this was Dr. V A...'i .A.ERNAM's reply to this lady's 

application. .A.nd as soon as she could, and when her necessitieR 

drove her to take that step, she came to Congress and made her application for this sum, which I believe does not amount to more than six or seven hundred dollars, to put her on an equality with the widows 

of the other major-generals who were slain in the war. Let me say one word further. If there be a widow in this whole 

Union who i.s entitled at this time to the considerationoftheAmeri-. can Congres ·, it is the widow .A.leck Hays. No man in the Mexican war rendered more distinguished service ; and I can call on his old 

friend, General ROESCRA.NS7 and others here who will bear cheerful 

testiinony to that fact. .A.nd no man rendered more distinguished 

service in the war for the suppression of the rebellion. At the head 

of his division he was slain in the battle of the Wilderness, leaving 

his widow 'vith six daughters and one young son without any competency or any proper provision for their support. . I hope this will not be denied to her, because if there is now living 

in this whole country any one entitled to such an act on the part of 

Congress it is the widow of this general. 

Mr. H1WK. Lest I should be misconstrued a-s intending to give 

direct opposition to this bill, I desire to add a remark or two to what 

I have already said. I in no sense desired to antagonize the bill.. 

Mr. BAYNE. I did not understand that the gentleman did. 

Mr. HAWK. My purpose in rising was that just such explanations 

might be made as have been made by my friend from Pennsylvania ; 

but I deemed it to be due to other applicants for pensions that a distinct, fair, open, plain understan~~ of this question be had by this 

House be.fore the passage of this bill. This was my only object. If 

it were true that this was granting arrear ages of pension to this lady, 

thell I believed there were other equally worthy cases with hers; but on this explanation, that this waR the only ~ase, as I understand it, 

where the law failed to go back to the death of the deceased officer, 

I have ne more to say if that be true, and I shall vote for the bill 

with great plea.sure. 

Mr. BURROWS, of Michigan. I think the amount provided by 

the bill is about fourteen hundred dollars. I understood the gentle- man from Pennsylvania to say that it was only about six hundred 

dollars. 

Mr. BAYNE. I may have made a miscalculation. 

Mr. McMILLIN. The bill provides for the payment of 20 a month 

for a period of a little over six years, and the amount will be about 

fourteen hundred and ei~hty dollars. 

Mr. BROWNE. I deSire to say but a word. I believe this is the 

only bill so far reported by the Committee on Invalid Pensions that 

contemplates paying arrears. .A.nd it has been so reported, simply 

because the committee regarded thisasanexceptionalcase. That is, 

it provides for arrears of pension to this woman because she is the 

widow of a major-general who was killed in battle; and all others 

of the like class have been pensioned by special acts of Congress at a like sum commencing at the date of the husband's death. It is 

exceptional in this that the widow must be the widow of a major- ~eneraJ and a major-general killed in battle. That is the only preceuent that is intended to be established. 

Mr. BRAGG. I would ask the gentleman if he is not mistaken as to the rank of this officer! 

Mr. BROWNE. I may be. I take that simply from what has 

been stated. It ma,y be he wa-s only a brigadier-general. I am informed by the gentleman from Pennsylvania [Mr. BAYNE] on my 

left that he was a ml\jor-general of volunteers. I do not know, but 

the precedent is simply this, so far as we are willing to establish it, 

that this rate of pension shall be allowed to the widow of a general 

officer who has been killed in battle. That is the whole of it. 

' Mr. MILLER. I made the inquiry, Mr. Chairman, which perhaps 

led in part to this discussion. I did not do so because I desired to 

antagonize this bill for the reason that it grants a pension of $50 

per month to the widow of a gallant soldier of two wars, or because 

it grants her arrears of pension not covered by the original act. I 

have never been of thoRe who denounced the legislation known as the 

pension arrears act. I believe the great error in that act is that it 

limits the arrears to those who filed their applications by or prior to 

the 1st day of July, lt:*30. Why should the soldier who, for any 

cause, has deferred filing his application until to-day be only entitled 

to receive a pension from the date of such application rather than 

from the date of his disability! I am free to say, sir, that if a bill was before this Honse to grant arrears of pensions to all those en- titled thereto I would freely support such an act. I assert that the 

Government of the United States made as solemn a contract to pay 

pensions to all those who were wounded or clisabled in the service, 

and to the widows and orphans of such as fell in battle, or died from 

disease contracted in the service, as it did to pay the soldier his 

wages. It wa.s clearly a part of the original contract, and if the soldier saw fit to delay asking the Government to fulfill its part as to 

pension, why should it not pay the principal 7 The interest is not demanded. It is the duty of the Governmenttopaytoeveryman who was disabled in the service and to the legal representatives ofthoso 

who died from wounds or disease contracted during their service a pension not only from the date of application but from the date the 

di ability wa-s incurred. 

But, sir, there is one feature of this bill that I do not fnlly indorse. 

The act under which this pension was originally granted by the Pension Department limited the pension to $30 per month. That is all 

the pensioner could receive by the general law, and more than the 

widow of the private soldier could obtain. I contend that all the 

soldiers of the country liVing and the widows or orphans of those 

dean should stand on a perfect equality. I contend that if a pension 

of $30 a month is enough for the widow of the soldier who sacrificed 

his life fighting in the ranks, it is ample for the widow of the soldier 

who gallantly wore on his shoulder the insignia of a colonel or general; that if $18 is snfficjent for the brave fellow who lost his good 

right arm while gallantly carrying a musket, it is enough for the gallant colonel or general who lost his carrying a sword. :Mark, sir, I 

do not say it is enough in either instance; for I believe that this 

country can never pay its wounded and maimed and disabled heroes 

enough for the service they rendered or the sacrifices they made. 

Let those who murmur and find faul~ with Congress for passing the 

pension arrears act take time some day to compute what the cost to 

this nation would have been if these pensioners had not responded 

to the call of the country in the dark days of 1861 to 1865. I contend, 

however, for equality. I contend against making fish of one and 

fowl of the other. 

It is not out of place, therefore, 1\fr. Chairman, that we should inquire into the necessity of the passage of such bills as this when the 

attention of Congress is officially called thereto. I knew it is urged 

by some that frauds are practiced under the law. There may have 

been fraudulent claims presented and unwittingly granted by the 

Department, but is that any argument against the justness of the law! 

There is counterfeit silver, coin mane and circulated; therefore shall we close our mints f There are counterfeit members of religions as- sociations; therefore, shall we shut up our churches 7 By no means. If there are unjust claims let them be purged. Permit me to sav, 

however, that my personal attention has been called to over tWo 

hundred pending claims from the district I represent, and I do not 

know of a single instance among them all where an attempt has been 

made to defraud the Government. 'rhe extravagant allegations of 

fraud, so ea.sily and flippantly made, are not justitied by my knowledge of a multitude of cases, and I believe that this opinion will be 

borne out by the experience of the members of this House. 

I trust, sir, that this country shall never forget the promise em- bodied in the golden words of the illustrious Lincoln in his second 

inaugural, delivered at a time when hope and fear alternated in every 

patriotic breast: 

With malice toward none, and charity for all, with firmness in the right, as God 

gives us to see the right, let ns strive on to finish the work we are in, to bind uy the nation's wound, to care for him who shall have borne the battle, and for his 

widow and his orphans, to do all which may oohieve and cherish a jnst and laating 

peace among ourselves and with all nations. 

Now that peace and prosperity have blessed our country, let it not 

be said of us that, when the shadow of danger was removed and our once enemies meet us in this Hall and greet us in social gatherings, we have forgotten him who "has borne the battle, or his widow or orphan." 

Mr. BLAND. I will now ask the Clerk to read the act of Congress 

giving the increase of pension in this case. The Clerk read as follows : An act to increase the pension of Mrs . .Anna. A. Hays, widow of Brigadier-General 

Alexander Hays, who was killed in the battle of the Wilderness Jd:ay 5, 1864. 

Be it enacted, &c., That the Secretary of the Interior be, and he is herebyt directed to place on the pension.rolls the name of Mrs • .Anna A. Hays, widow of Bngadier- General Alexander Hays, who was killed in the battle of the Wilderness on the 

5th day of May, 1864, at the rate of $50 J.>er month, to commence from the passage of this act, and t{) continue dnring her wrdowhood and to be in lieu of the pension heretofore granted t{) the said Anna A. Hays nnder the provisions of the general 

pension laws. 

Mr. BLAND. This act wa.s passed July 14, 1870, now very nearly 

twelve years ago. The committee will observe that it specially provides, in hrec 11e:l'ba, that the pension shall take effeciJ in the future, 

shall not relate to the past. That shows that Congress, being at that 

time nearer the period of the war, having probably all the facts before it and undti-standing fully the case, specially inhibited any back 

pension, and gave this widow an increase of pension t.o $50 per month. 
1444 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 24, 

We ha~e heard read here the letter of the Commissioner of Pensions, but that is very indefinite. We are not told in that letter what 

amorint of increase of pension has been given to other widows similarly situated, whether to $40 or $50 per month; we have no knowledge on that point. There is nothing here to show that this widow 

has not been treated by Congress as liberally as others. 

I believe with the gentleman who preceded me that we ought to 

act fairly by all, and the only way to do that is by a general law. 

I am oppm;ed to these special laws, to this special legislation for individual cases, when general laws can be passed that will deal out justice to all alike. It is about time that we put a stop here to this special 

legislation, increasing a pension one session of Con~ess to $50 per 

month, and at the next session giving back pensions m special cases and. for particular individuals, when the private soldier is denied 

that which is his right. Let us pass general laws and let all abide 

by theni. 

It seems that this widow obtained a pension under the generalla w, 

and was not satisfied with it. She came to Congress and obtaineu 

special relief. Not satisfied with that she now comes here, almost 

twelve years afterward, and asks for further special relief. I say 

that it is unjust, that it is neither politic nor right to pass these 

special bills when general legislation can be devised to cover all 

these oases. Mr. BAYNE. I now move that this bill be laid aside to be reported 

favorably to the House. 

The questi(jn was taken; and upon a division there were-ayes 67, 

noes 22. 

Mr. BLll•D. No quorum has voted. 

Many MEMBERS. Oh, no ! 

Mr. BLAND. Oh, yes I 

}fr. BAYNE. We can have a vote on this bill in the Hou.se. 

The CHAIRMAN. The point having been made that no quorum 

has voted, t.e1lers will be ordered. 

Tellers were orde;red; and Mr. BAYNE and Mr. BLU"'D were appointed. The committ-ee again divided; and the tellers reported that there 

were-ayes 121, noes 28. · So the bill was laid aside to be reported favorably to the House. 

ORDER OF BUSINESS. 

lir. McCOOK. I move that the committee now rise. 

The motion was agreed to. 

The committee accordingly rose; and the Speak.er having resumed 

the chair, Mr. DUNNELL reported that the CoiDIDlttee of the Whole 

had had the Private Calendar under consideration, and had directed 

him to report sundry bills to the House with variotis recommendations. WILLIAM P. CHAMBLISS. 

The first bill rep(nted from the Committee of the Whole House on the Private Calendar was the bill,(H. R. No. 1612) for the relief of 

William P. Chambliss. 

The SPHAKER. This bill has been reported from the Committee 

of the Whole with amendments. 

The amenanents reported froin the Committee of the Whole House on the Private Calendar were agreed to. 

The bill as almended was ordered to be engrossed for a third reading ; was accordingly read the third time, and passed. 

Mr. STEELE moved t-o reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

MAJOR WILLIAM M. MAYNADIER. 

The next bill reported from the-Committee of the Whole House on the Private Calendar was the bill (H. R. No. 670) for the relief of 

Major William :M:. Maynadier. 

The SPEAKER. This bill has been reported from the Committee 

pf the Whole Honse on the Private Calendar with a recommendation 

that the enacting clause be struck out, which is equivalent to a rejection of the bill. 

"l.1:r. WHEELER. Mr. Speaker, before the question is put to the 

Hon.Se-the question of sustaining er agreeing to the report of the 

committee-! would like to make a few remarks, if it would be in 

order. 

The SPEAKER. It is in order. 

Mr. WHEELER. Mr. Speaker, the opposition to this bill in Committee of the Whole was based upon two grounds: first, that the 

Court of Cl3ims had jurisdiction in cases like this, and second, that 

there wa-a no proof before the House that this money was stolen which 

the bill provided shall be restored to Major Maynadier. I should feel 

that I had ne~lected my duty did I not bring these two points again 

to the attention of the House. 

Since this bill was eonsidered by the Committee of the Whole I 

have as carefully as the limited time would allow examined the 

renorts, and c.ann.ot find a single case like this which has been adju- dicated by the Court of Claims, and I ask the gentlemen who have 

oppbsed this bil\ to cite me to one case where the Court gf Claims 

has a.Bsumecl jurisdi9tion in a case of this character. The decision 

cited by the gentleman from Michigan [Mr. BURROWS] ""\Y":lS a case which I contend sustains my view. I refer to the United States vs. Clarke, 4 Otto, 73. '!'he cause of action arose from loss of money by 

robbery in time of war. It occurred April 6, 1865, in Texas. This was before the surrender of General Lee's army. But even in this case the question of jurisdiction was not raised. 

All other causes which now occur to me where the Court of Claims 

has been called upon to relieve officers from losses of money are cases where the cause of action arose during the war. The very words of 

the statute, "by capture or otherwise," show that it is intended 

to only include cases where money has been lost by capture in war or by destruction similar to capture, such as being burned or a destruction or loss some way connected with the incidents of war. To sustain that construction of the statute, a construction with 

which every lawyer is familiar, I will read from an authority which 

I have before me: 

Where general words follow an enumeration or words of a particular and spooifio meaning, such general words are to be held as applying only to persons or things of the same kind as those designated by the particrilar words. 

That being the rule of construction, which no lawyer will deny, 

where a statute uses the language "by capture or otherwise," particularly when that statute is passed just after a war, it cannot mean losses incurred by the theft of money by a clerk in time of peace. 

In support of this view I have had read at the Clerk's desk a paper 

showing that Congress has universally accepted this rule of construction in dealin~ with cases of this kind. The only question that Congress baa considered in every case of this character has been, was the ca-ae a loss under such circumstances a-a to entitle the applicant to 

relieff Congress having established this rule by a long series of 

cases, officers have applied here for relief andhave of course neglected 

to apply to the Court of Claims, until to-day they find themselves 

barred by the statute of limitations, and have no remedy in that 

S!Ourt. 

But even for the sake of argument, admitting the jmisdiotion of 

the Court of Claims, it is no reason why Congress should not give 

relief in this case provided the evidence shows that the relief asked 

for is proper and just. Congress has never surrendered its jurisdiction, and its powers upon this subject are as great to-day as if the 

Court of Claims had never existed. 

Unless gentlemen who oppose this bill can show some case in which 

the Court of Claims has taken jurisdiction in causes of this kind, I 

feel that the House in. justice to this character of cases will not sus- tain the motion to strike out the enactin~ olause, but will allow this ca-se to go back on the Calendar, to be deliberately and carefully con- sidered hereafter. 

With regard to the o-ther ground upon which bpp"osition to the bill was based, I will state the record does show very clearly that this 

money Was stolen. It is shown by the evidence of two or three witnesses, and also by th~ admission of the man who stole it. He was arrested with ·a part of the money upon his person, and he applied to 

his relatives for means to make entire restitution. There is no question under the evidence that the money was stolen, as the report 

states. All I ask is that the House allow this bill to go back on the 

Calendar, where it may receive that judicial investigation which a bill like this merits. 

Mr. HOLMAN. I only wish to call the attention of my friend 

from Alabama [Mr. Wmi:ELitRJ to the fact that the statute referred 

to by him was not pa sed until after the war. It was enacted in. 

1866, and under it the Court of Claims unquestionably ha-a jurisdiction of this class of cases. The very case before my friend shows 

that the Court of Claims has jurisdiction where a disbursing officer is 

robbed or loses public funds. I demand the previous question. 

The previous question wa-s ordered. 

Mr. SPRll~GER. That does not prevent the gentleman from Alabama moving to recommit the bill. 

The SPEAKER. T:b.e report of the Committee of the Whole House on the Private Calendar is that the enacting clause of the bill lJe 

struck out. If that be adopted it will be equivalent to the rejection 

of the bill ; but if it is not agreed to, then the bill under the rules 

goes back to the Committee of the Whole House and takes its place on the Private Calendar without any further order of the Honse. 

Mr. SPRINGER. Still he has the -right to move to recommit now. The SPEAKER. The question is on striking out the enacting 

clause. 

The House divided; and there were-ayes 49, noes 51. 

So the recommendation to strike out the enacting clause was not 

agreed to. 

The SPEAKER. The bill, under the operation of the rules, goes 

back to the Committee of the Whole House and takes its place on the Private Calendar. CARLILE BOYD. 

The SPEAKER. The next bill from the Committee of the Whole 

House is the bill (H. R. No. 1400) for the relief of Carlile Boyd, 

which has been reported with the recommendation that it do pass. 

The bill was ordered to be engrossed and read a third time; and 

being engrossed, it was accordingly read the third time, and passed. 

Mr. :McCOOK moved to reconsider the vote by which the bill was pa.ased ; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

V. M1NALLY. 

The SPEAKER. The next bill reported from the Committee of 
1882. CONGRESSIONAL RECORD-HOUSE. 1445 

ihe Whole Honse is the bill (H. R. No. 721) to authorize an appointment in the .Army. 

The bill was ordered to be engrossed and read a third .time; and 

being engrossed, it was acoordinglyrea-d the third time, and passed. 

ir. SPOONER moved to reconsider the vote by which the bill was passed ; a.nd also moved that the motion to reconsider be laid on the 

table. . The latter motion was agreed to. 

Mr. SPRINGER. I think the title of the bill should be amended. 

It is a bill to authorize an appointment iri the .Army. The body of 

the bill includes the name of V. McNally as the officer to be appointed and I now move the title of the bill be amended so as to 

read: d.A bill to authorize the appointment of V. McNally in the 

.Army." 

The amendment to the title was agreed. to. 

WILLIAM H. GILL. 

The SPEAKER. The next bill reported favorably from the com- mittee is the bill (H. R. No. 1047) for the relief of William H. Gill. 

Mr. MAGINNIS. Mr. Speaker, I ask by unanimous con!lent that 

the bill (S. No. 58) for the relief of William H. Gill be taken from 

the Speaker's table and passed in place of the bill (H. R. No. 1047) 

reported from the Committee of the Whole House on the Private Calendar, with the recommendation that it do pass. Both bills are identically the same, but by taking up the Senate bill and passing it 

it will go at once to the President for his approval. 

The SPEAKER. The Chair hears no objection, and the Senate bill 

will be taken from the Speaker's table. 

Mr. MAGINNIS. I move that the House bill be laid on the table. 

The motion was agreed to. 

Senate bill No. 58, for the relief of William H. Gill, was taken f:r;om 

the Speaker's table, read a first and second time, erdered to a third 

reading ; and it was accordingly read the third time, and passed. 

Mr. HENDERSON moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

MAJOR G. W. CANDEE. 

The SPEAKER. The next bill from the Committee of the Whole 

House is the bill (H. R. No.182) for the relief of Major G. W. Candee, 

with the recommendation that the enacting clause be stricken out. 

Mr. HOLMAN. This bill stands on precisely the same footing as the bill for the relief of Major Maynadier. The House having re- committed the latter bill to the Committee of the Whole House on the Private Calendar, it is entirely proper this bill should go there 

also. 

The SPEAKER. The question is first on the motion to strike out 

the enacting clause, and if that motion is agreed to it is equivalent 

to the rejection of the bill, but if not agreed to the bill goes back to 

the Committee of the Whole House under the rules. 

.Mr. HENDERSON. I wish simply to say to the House in this case this officer is clearly barred by the statute of limitations. I stated 

he bad no relief in the Court of Claims, bnt my mind was then divided 

between a committee meeting up stairs and the meeting of the House 

here. I hope the motion to recommit the bill will be agreed to. 

The House refused to strike out the enacting clause, and the bill 

under the rules went back to the Committee of the Whole House to 

take its place on the Private Calenda,r. 

SUSAN R. JOH...~SO:N. 

The SPEAKER. The next bill reported from the Committee of the 

Whole House with a favorable recommendation is the bill (H. R. No. 

1521) granting a pension to Susan R. Johnson. 

The bill was ordered to be engrossed and read a third time ; and 

being engrossed, it was accordingly read the third time, and passed. 

:Mr. JOYCE moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. · 

The latter motion was agreed to. 

ANNIE A. HAYS. • 

The SPEAKER. The next bill reported from the Committee of 

the Whole House with a favorable recommendation is the bill (H. R. 

No. 1516) granting arrears of pension to .Annie .A. Hays. 

The bill was ordered to be engrossed and read a third time; and 

lreing engrossed, it was read the third time. 

The question recurred on the passage of the bill. 

The House divided; and there were-ayes 89, noes 14. 

So the bill was passed. • 

Mr. JOYCE moved to reconsider the vote by which the bill was passed; and all:!o mov~d that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

F. G. SCHWATKA.1 SR. 

Mr. THOMPSON, of Iowa, by unanimous consent, from the Committee on Claims,· reported back the bill (H. R. No. 1368) for therelief of l<,. G. Schwatka, sr.i which wa& referre4 to the Committee of 

the Whole House on the Pnvate Calendar, and, with the accompanying report, ordered to be printed.· · 

J. MILTON BEST, DECEASED. 

Mr. RANNEY, by unanimous· consent, from the Committee on War 

Claims, reported back adversely the bill (H. R. No. 9113) for therelief of the estate of J. Milton Best, deceased; which on motion of Mr. 

TURl\"'ER, of Kentucky, was referred to the Committee-,of the Whole 

House on the Privat;; Calendar, a~d the accompanying report ordered 

to be printed. .MRS. MA..RY 8. PORTER. 

Mr. RANNEY also, from the same committee, reported back adversely the bill (H. R. No. 2948) for the relief of Mrs. MaryS. Porter; which was referred to the Committee of the Whole House on the 

Private Calendar, and the accompanying report ordered to be printed. 

.ADVERSE REPORTS . 

Mr. RANNEY also, from the same committee, E.eported back the 

following cases adversely ; which were laid upon the table, and the 

a.ccompanyin(J' reports ordered to be printed: 

A bill (H.- R. No. 2018) for the relief· of Sq_uire Finley; 

A bill (H. R. No. 3502) for the relief of John M. Dowell and Peter 

F. Dowell; 

The petition of John A. Leveredge; and 

The petition of William F. Fraser. 

LEAVE OF A.BS:KNCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. PHELPS, for one week from Monday next, on account of sick- ness in his family; and 

To Mr. HOBLITZELL, for one day, on account of important business. 

ORDER OF BUSTh"'ESS. 

Mr. BLAND. I move the Honse adjourn. .. Mr. MURCH. Pending the motion to adjourn, I move that when 

the House adjourns it be to meet on Monday next. 

Mr. SPARKS. We agreed to have a session to-morrow by adjourning over on Washington's birthday. 

'l'he House divided; and there were-ayes 27, noes 112. 

So the motion was not agreed to. 

Mr. BROWNE. Pending the motion to adjourn, I hope the gen- tlem~n from Missouri will yield to me for a moment;. 

Mr. BLAND. We will have four or five months of the session yet. 

The SPEAKER. The Chair understands the gentleman from Indiana desires to make a request with reference to business of the Committee on Invalid Pensions. 

Mr. BROWNE. I am instructed by the Committee on Invalid Pensions to ask--

[ Cries of "Regular order I"] 

.Mr. ANDERSON. Let us see what the request is. 

Mr. BROWNE. I am instructed to a-sk that ne:it Wednesday and 

Thursday evenings be set apart for the consideration--

[ Cries of" Regular order I"] 

The SPEAKER. The regular order is the motion of the gentleman 

from Missouri, that the House do now adjourn . The motion was agreed to; and accordingly (at four o'elock and 

forty minutes p.m.) the Honse a-djourned. 

PETITIONS, ETC. 

The followin~ memorials, petitions, and other papers were laid on the Clerk's desk, under the rule, and referred a-s follows: 

By the SPEAKER: The petition of .A. B. Wallace, of Dry Lake, 

Wright County, Iowa, for a pension-to the Committee on Invalid 

Pensions. 

· By Mr. ATKINS : Papers relatin~ to the claim of Greenbery .Adamson-to the Committee on War Clauns. 

By Mr. BARBOUR: Papers relating to the claim of Mrs. Mary 

Chichester, for indemnity for losses sustained during the war of the 

rebellion-to the same committee. 

By Mr. J. H. BURROWS: The petition of citizens of Sullivan 

County, Missouri, for the relief of certain assistant sur~eons in the 

United States service during the late war-to the Committee on Pensions, Bounty, and Back Pay. 

By Mr. BUTTERWORTH: The petition of Captain J. D. Parker 

and several hundred ethers employed in the commerce and navi~ation of the Ohio River, praying for the establishment of a marme hospital at Cincinnati, Ohio-to the Committee on Commerce. 

.Also, papers relating to the claim of John .A. Coan-to the Com- - mittee on the Judiciary. 

By Mr. CHAPMAN: The petition of John E. Kendall, for the re- turn of 27.98 erroneously paid for private improvement~ assessed 

against part of lot 15, square 693, in the city of Washington-to t4e 

Committee on the District of Columbia. 

By Mr. CLEMENTS : Papers relating to the claim of David R. 

Cook-to the Committee on War Claims. 

By Mr. CONVERSE: The petition of J. R. Lunn and others, citizens of Reynoldsbnrgh, Ohio, for legislation regulating charges for 

railway transportation-to the Committee on Commerce. 

By Mr. CRAPO: The petition of 240 citizens of New Bedford, and 

of 400 citizens of Fall River, Massachusetts, for the repeal of the tax on bank deposits and the two-cent stamp on bank checks and draftsto the Committee on Ways and :Means. 

Also, the petition of Robert Mitchell, for compensation for the 
1446 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 25, 

inventions and improvements made by him in bell-boats, buoy-boats, 

and spar-buoys, used by the United States-to the Committee on Commerce. 

By lli. DEUSTER: The petition of 320 citizens of Milwaukee, Wisconsin, for the repeal of the tax on bank deposits and the two-cent . stamp on bank checks and di·afts-to the Committee on Ways and 

Means. 

By Mr. DUNN: Papers relating to the claim of Philip R. Jones 

and of James R. Lafferry-severally to the Committee on War Claims. 

By Mr. ELLIS : Papers relating to the claim of John Mahoney-to 

the same committee. 

By Mr. GEDD"ES: The petition of 0. H. Booth, E. W. Smith, and 

790 others, citizens of Richland County, Ohio, for legislation for the 

suppression of}'olygamy-to the Committee on the Judiciary. 

By :Mr. GUENTHER: T4e petition of citizens of Green Bay and 

Fort Howard, Wisconsin, for legislation to abolish polygamy-to the same committee. 

By Mr. B. W. HARRIS: The petition of 40citizensofTaunton, and 

of 80 citizens of Brockton, Massachusetts, for repeal of the tax on bank 

deposits, and the two-cent stamp on bank checks and drafts-to the 

Committee on Ways and Means. 

By Mr. HASKELL: Memorial of the Indian Treaty-Keeping and 

Protective Association, relative to the treatment of Indians-to the 

Committee on Indian Affairs. 

By .M:r. G. \V. HEWITT: Papers relating to the claiin of George c. -Arrington-to the Committee on War Claims. 

By Mr. HOUR: Papers relating to the claim of Theodore T. Coffin-to the same committee. 

By Mr. HUBBELL: Papers relating to the claim of the heirs of 

William A . .Burt-to the Committee on Claims. 

By 1\!r. JADWIN: The-petition of A. A. Clearwater and 22 others, 

honorably dischar!?ed soldiers ; of 44 members of Spalding Post of 

the Grand Army of the Republic, and of A.M. Snow and 14 others, 

honorably discharged soldiers, of Pennsylvania, forthepassageofthe 

bill (H. R. No. 1440) for the establishment ofasoldiers' home at Erie, 

Pennsylvania-severally to the Committee on Military Affairs. 

By 1\Ir. KLOTZ: The petition of soldiers of Carbon County who 

served in Pennsylvania regiments in the war of the rebellion, in 

favor of the establishment of a soldiers' home at Erie, Pennsylvaniato the same committee. 

By Mr. MANNING: Papers relating to the claims of Emmet J. 

Parham, of George W. Wiffieton, of Andrew Cathey, of Robert S. 

McDonald, aud of' 1\Irs. Lucy A. Jameson-severally to the Committee on War Claims. · By Mr. McCLURE: The petition of John A. Clark and otherR, 

citizens of Wadsworth, Medina County, Ohio, for le~islationfor t!le 

suppression of polygamy-to the Committee on the Judiciary. 

By Mr. McCOOK: The petition of citizens of New York City, praying for the passage of a bill.creating a permanently wide and deep 

channel through Sandy Hook Bar-to the Committee on Commerce. 

By Mr. McKgNziE : Papers relating to the claim of Charles Haleto the Committee on War Claims. 

By Mr. MOORE: The petition of citizens of Tennessee, praying 

that a pension be granted !\Irs. James K. Polk, widow of the late 

President Polk-to the Committee on Pensions. 

Also, papers .relating to the claim of the c~ty of Memphis, Tennessee; of Wiley T. Cargill, executor of estate of Wiley Cargill, de- ceased; of Clara E. Bryan; of Mary Geary; of Charles C. Burke, 

administrator of Mrs. Emer Abbott; of Julia C. Bailey, administratrix; and of Indiana E. Hughes-severally to the Committee on War 

Claims. 

By Mr. MULDROW: Papers relating to the claim of J. W. Causey, of Corinth, Mississippi-to the same committee. · .By Mr. NORCROSS: The petition of 120 citizens of Holyoke, Massachusetts, for the repeal of the tax on bank deposits and the two- cent stamp on bank checks and drafts-to the Committee on Ways 

and Means. By 1\lr. O'NEILL: Memorial of the Philadelphia Board of Trade, 

giving reasoUB why the Senate bill No. 630, kno·wn as the Sherman 

bill, to facilitate the decisions in controvertedquestionsin customs- r evenue cases, should not become a law-to the same committee. 

Also, the petition of 600 citizens of Philadelphia, Pennsylvania, 

for the repeal of the tax on bank deposits and the two-cent stamp on bank checks and drafts-to the same committee. 

Also, memorial of the Philadelphia Board of Trade, m·ging the pas- sage of an act giving jurisdiction to United States courts over claims 

upon theundividedportio.n of the Geneva award, before which court every claimant can be heard-to the Committee on the Judiciary. 

Also, memorial of the Philadelphia Board of Trade, urging the appointment of a commission to report to Congress upon the subject 

of interstate comme-rce-to the Committee on Commerce. 

By Mr. PETTIB( '1\TE: Papers relating to the pension claim of 

Mary Catharine Trt:..t!aler-to the Committee on Invalid Pensions. By :Mr. PHELPS: The petition of Alexander C. Twining, of New Haven, Connecticut, for the exteUBion of a patent for manufacturing -to the Committee on Patents. 

By 1\fr. RilTNEY: The petition of Thomas E. Ballard and others, 

letter-carriers of Boston, Massachusetts, relative to their compen a- tion-tO the Committee on the Post-Office and Post-Roads. 

By 1\lr. G. D. ROBINSON: The petition of 80 citizens of Great Barrington, and of 280 citizens of Springfield, Massachusetts, for the 

repeal of the tax on bank deposits ana the two-cent stamp on banlt 

checks and drafts-to the Committee on Ways and Means. 

By Mr. RUSSELL: The petition of 200 citizens of Lawrence, and 

of 360 citizens of Lowell, Massachusetts, for the repeal of the tax on bank deposits and the two-cent stamp on bank checks and draftsto the same committee. 

By Mr. SHALLENBERGER: The resolutions of the Philadelphi~ 

Conference of Baptist Ministe~, against the passage of Honse bill No. 

2677, providing for the distribution of unclaimed bounty due colored 

soldiers-to the Committee on Military Affairs. 

Also, the petition of L. E. Christman and others, honorably dischar§ed soldiers of Washington, Pennsylvania, in behalf of a soldiers home at Erie, Pennsylvania-to the same committee. 

By Mr. 0. R. SINGLETON: Pape1·s relating to the claim of William L. Clearman-to the Committee on War Claims. 

By Mr. SPAULDING: The petitions of80 citizens of Lansing, of 

22 citizens of Flint, and of 40 citizens of Corunna, ·Michigan, for the 

repeal of the tax on bank deposits and the two-cent stamp on bank 

checks and drafts-to the Committee on Ways and Means. 

By 1\Ir. STONE : The petition of 300 citizens of Salem, Massachusetts, for the repeal of the tax on bank deposits and the two-cent 

stamp on bank checks and drafts-to the same committee. 

Also, the petition of Harwich, Scituate, Camden, and other towns 

of Massachusetts, for the abrogation ofthe thirty-third article of the 

treaty of Washington-to the Committee on Foreign Affairs. 

Byl\Ir. J. T. UPDEGRAFF: The petition of JosephPetersonand89 

others, citizens of Carroll, Jefferson, and Columbiana Counties, Ohio, 

for legislation regulating railway transportation-to the Committee on Commerce. 

By Mr. VANCE: The report of Colonel T. S. Abertt...Department of 

Engineers, in relation to work on the French Broad .tdver, in North 

Carolina.-to the same committee. 

Also, papers relating to the claim of Austin G. Day-to the Committee on Patents. 

By 1rlr. WEST: The petition of citizens of Schuylerville, Amsterdam, Saratoga Springs, Johnstown, Ballston Fonda, and ·schenectady, ill the State of New York, for the repe;J of the tax on bank deposits and the two-cent stamp on bank checks and drafts-to the 

Committee on Ways and Means. 

By 1\Ir. YOUNG : Memorial of the Chamber of Commerce and Merchants' Exchange of the city of Cincinnati, praying for legislatiou. 

to deepen the channel and improve the harbor of the city of llalti- more in the interest of cheap transportation of freights from Cincinnati to the nearest point on the seaboard-to the Committee on Com- merce. 

HOUSE OF REPRESENTATIVES. 

SATURDAY, February 25, 1882. 

The House met at twelve o'clock m. Prayer by the Chaplain, Rev. 

1:<'. D. POWER. 

The Journal of yesterday was read and approved. 

MESSAGE FROM THE SENATE . . 

A message from the Senate, by Mr. SYMPSON, one of their clerks, 

announced that the Senate ha-d passed a bill ( S. No. 138) for the relief 

of James Burke; and also that the Senate had passed with amendments the bill (H. R. No. 4221) to provide for certain ofthemosturgent 

deficiencies in the appropriations for the service of the Government 

for the fiscal year ending June 30, 18821 and for other purposes; in 

which bill and amendments the concurrence of the House of Representatives was requested. 

PROTECTION OF Al\IERICAN CITIZE~S ABROAD. 

l\lr. FLOWER. 1\Ir. Speaker, I ask unanimous consent at this time 

for leave to introduc-e the resolutions which I send to the dei<k, and 

request that the same be printed in the RECORD and referred to the 

Committee on Forei~ Afl'airs. 

These resolutions embody the sentiments of 8,000 of the working- men of the city of New York-men who at their country's call are always the first in the ranks of battle, and who ask that this Congress 

shall extend relief toward their friends confined in foreign prisons. 

The SPEAKER. Without objection the resolutions will be printed 

in the RECORD and referred to ·the Committee on Foreign Affairs. 

There was no objection. The resolutions are as follows: 

.A.t a. meeting of the delegates of the vario115 divisions of the Laborers' Union Protective Society, representing 8, 000 men, held at Central Hall, 229 East Forty-seventh 

street, on February 22, 1882, the following resolutions were unanimonsly adopted : Resolved, That. in view of the despotic incarceration of such native or auvpltJJ. 

citizens of the United States as are known to be or may hereafter be im~risonetl by the British Govprnment or any other despotic government, we believo the time has 

fully come for Congress and the Executive to deirumd the immeiliate release of lrisllA.merican citizens now pining in British dungeons. · Resolved, That these resolutions or a. copy thereof be forwarded withollt delay to our Representatives in Co~OTe s, to Hon. S. S. Cox, Hon . .A..Nso.:f G. McCooK, Hon. BENJAMIN WOOD, Hon . ..tOOSWELL P. FLOWER, with request to give their oar- nest support to these resolutions, and that the~ demand of the President tho enforco- ment of the Constitution by protecting its citizens from imprisonment by lwy d&lpotic government, no matter what clime pr country our citizens may come from. 

Resolved, That we demand this in the name ~f Washington, the Father of hia