Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1833-08-21
BELLEvlLLE, III. Aug. 9, 1888.
TO PETER HAGNER, ESQ.

SIR: received your letter of Goth Ju-
y last, in which you give your construc
ton of the late act of congress providing
payment for lost horses in the late Indian
war, and inclosing dispositions proving
certain losses.
There are many citizens, besides those
mentioned in your letter, much interest
ed in the construction of this act, which
is the reason why take the liberty to pre-
sent my views to the department on the
subject.
In many cases the volunteer, losing his
horse, had no other; and in some instan-
ces was in debt for him at the time he
was lost. To wait till another session of
congress to obtain relief is almost equiv
aient to an entire loss.
On this consideration i, is desirable, if
it be just and proper, that the act should
be so construed, and in my opinion such
a construction should be given to it as
to embrace the cases mentioned in the de-
positions, and afford relief Immediately.
In order that you may have the whole
case before you, make the following ex-
tract from the act alluded to. 1t provides
for those "Who sustained damage by the
loss Of any horse, which was killed in bat
tie, or died in consequence of wound
therein, or in consequence of a failure on
the part of the United States to furnish
such horses with sufficient forage, hilst
4 in the service, or in consequence Of the
owner being dismounted or separated, or
detached from the same by order of the
commanding officer
I also extract the following from the
deposition Of capt. Winstanley: ssThat
lin consequence of having no forage pro-
Hided by the United States, we were
Ieblged to turn our horses out to Craze :;
and we took the best ordinary care of our
horses by shanceling and securing them
aswell as we could. That on the night
of the II May, when in camp at Dixon's,
en- Rock Island, James M. Murtry, Sd
sergeant in my company, lost bis mare,
Appraised to $50, her cash value at the
time of entering the service: likewise
Louis LIE Compile, and Alexis Bethune,
all belonging to my company lost their
ed troops horses we're appraised at $55
each. That the losses above mentioned
were not through any fault or neglect of
the persons above named; and further,
they were prevented from searching af-
ter said horses next day, the 18th May,
by order of gen. Atkinson, commanding
all to take up the line Of march up Rock
river. Major James, officer of the day.
commanded all the footmen to take up
the line Of march and proceed with the
brigade. | distinctly recollect the cir
cumstances, as myself commanded the
left flank guard on said day, 9Th May,
1882"
In the construction Of statutes, it is a
principle recognized by the law, that the
intention of the makers must be taken
into consideration. This intention must
be gathered from the act itself, and from
the whole act taken together. The object
of the act is to remunerate those individ-
uals in the late Indian war who sustained
damage by the loss of horses in various
ways as therein expressed; but in all Ca
ses the loss must not be by the neglect or
fault of the owner.
This being the object and intention of
the law, the class of cases mentioned in
the deposition Of capt. Winstanley seems
to fall within it.
Judging from the whole act together, &
knowing, likewise, the liberal construc-
ton given BY officers of the government,
TO acts relating 10 the volunteer soldier
in the late Indian war, no one could be-
lieve that the act intended to exclude such
cases as are mentioned in the deposition
from remuneration.
The officers of the government, whose
duty it was to place proper construction
upon the acts of congress relating to the
soldiers engaged in the late Indian war,
gave them liberal and equitable con-
struction in favor of the soldier. This
has been, and hope ever will be the pol
icy of the government. This is that
generous feeling of gratitude which moves
the heart of every patriot in favor Of that
class of men, who will abandon their pri-
vate interests, and risk their lives for the
sake of their country.
You state in your letter, that s'the law
does not authorize any remuneration for
losses ascribed to failure on the part of
the United States to furnish forage, unless
the horses died in consequence thereof"
| am satisfied the act intended tn ON