The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-27


Sir there is the OF Hayner appointed under similar
circumstances. in the southern campaign, as aid TO Gen
Scott whose claim has been granted why them under
sanction OF that precedent refuse 10 pay Col allace
merely because he not commissioned by the govern
ment OF the United Staes' He commissioned by
State authority received into the State service and hav
ing performed that service, ask senators how It is they
refuse TO give the wages which due for the labor
Sir, If the service performed without any commits
sion-t he served merely as a volunteer-lt would
be moral and religious right for us TO pay for such
services But because he received into the United
States service upon higher rank than that conferred
upon him by State authority and performed services
in that rank will Congress now say he shall be paid
and that, too, with the precedent before them which
have just Newfoundland of Hayner' hope not
Now, sir, will show the commission under the seal
of the State of Ohio Here is the certificate of Generals
Iesup and Cass that he rendered the service aid to
Gen, Hull. The facts are before the Senate and have
performed my duty in behalf OF this gentleman The bill
has already passed the House of Representatives and
has been reported without objection by your Committee
on Military Affairs. What ground, them there pos
,lby be for refusing payment for the claim
MIR. NILES rose TO make an inquiry OF the honorable
senator from Kentucky. Mr. NnEss remarks were
almost naudibe at the reporters desk and we only
give their puporl IN consequence He understood that
the bill before the Senate proposed TO pay for services
of an officer attached TO certain militia force called from
the State of Ohio into the service of the United States
and also or property lost by that officer In the service
stated. 1t appeared to him that il Colonel Wallace had
any claim against The Unte States it should have been
paid in the same manner that claims OF others in that
service Were paid, and at the same time, He could not
see why the officer should come here for pay 1t was TO
him little singular that he should have pursued this
course Why was he not paid when his associates
paid They were IN the same service with him. belong
ing the militia of State, and called into the service Of
the United States, and their services and losses
settled long ago in the customary manner and according
to their respective positions upon the musterros How
did happen that this genllemans name had not been
returned upon the muster roll that time, that he might
Mr. UNbERWooD go With the gent genemans permits
sion will give him the information with great pleasure
Col Wallace was not attached to any regiment or brigade
the United States If he had been, he would have been
paid the other rods mustered into the service of
the United States. But Colonel Wallace was the aid of
the governor of Ohio--was commissioned as SUCH
and acted volunteer aid of General Hull, and of
course not reported in the brigade roll Of
any OF the State troops mustered into the service of the
United States II he had been reported upon these rolls
as part of The service of the United States, he would
have been paid But being volunteer aid got into
the service of the troops of General Hull, his did
not appear upon the army roll and that is the
why he was not paid
Twill now state what omitted while was up before
with regard to Col Wallace. The question was asked
anticipated in my reply at that time what now find in
the petition itself Col Wallace says that the reason
why he never preferred his claim before was, that he
never thou gh of doing it until reduced circumstances
rendered necessary or him to press his claim for every
thing that he thought himself fairly entitled to- Hav
ing belonged to an unfortunate army that had surrendeed
he determined never TO make his claim known long
as he could without money Being in sraitened cir
cumsances, he asks that justice may be done him
at the hands of the United States
MIR. KING. The senator from Kentucky has fairly
stated the presidents for the payment of horses The
course pursued by the government originally was-and
very properly SOTO pay for horses lost IN the service
from want of forage to sustain them; the government
being bound to supply that forage The fault being
the part of government there every propriety in pay
ing the individual for the loss of his horse They went
step further. In particular instances they paid
for Horses lost in the service in consequence Of the
act OF the officers OF the government; such as dsnount
ing men who entered the service as cavalry-torcins
hprrac yhIph Last hnf
would net have een lost but for the action oil the officer
In regard TO the particular case which the gentleman
has referred TO, where the horse was Killed by a
sentinel, that is considered be act OF the gov
ernmen nasmuch Individual in the service of the
government had destroyed animal belonging to one OF
the soldiers IN that service But | ask the gentleman #
horses killed in battle That is of the risks they
have to They liable to be exposed TO the fire
of the enemy, and they themselves, well their
horses, might have been destroyed; and know not an
instance where have paid for horses thus destroyed in
battle.
case has been cited in which payment was allowed
for horse where the of the loss has not been
signed Is it not reasonable, sir to suppose that In that
there some fault the part OF the government
and that the loss resulted from want of forage, or from
something else which the government failed 10 supply
If The gentleman can find any case where we have paid
for horse lost in battle, there must have been some
fault upon the part of the government or its officers.
Now, sir, with respect to paying this gentleman as
volunteer aid OF Gen. Hull, the ground that he was
commissioned as aid TO the governorot Oho that has moth
ernor in the organization OF this corps, and thus ceased
to be in the service of the State of Ohio. But
where the evidence that he IN the service OF the
United States? The certificates of Generals Cass and
esup show that he had performed service there as aid to
Mr. UNDERWOOD. Will the gentleman allow me to
give the evidence which he asks for Here is the letter
of General Hull thanking him for his services as his aid
and for the in which he discharged his duty.
Mr. KING. am not going to coDtrovert the fact that
all these gentlemen cerity but ask military men here
present. whether il is in the power OF commanding oth-
Ger to draw around him volunteer aids and make the
treasury liable for the payment of their services? He has
the power of selecting aids; but it Is from the army
itself that he take them. There in the army
he is allowed to select from them. They belong to
the service of the United States, and receive their
usual compensation, and something In addition Tor
acting as aids. Ii establish the precedent oil pay
ing volunteer aids, to the exclusion of officers, there
will be no limit TO these demands That is the reason,
have no doubt why the claim has slept for quarter of
century know nothing of this case, sir take il as
find it, But really, if bound 10 pay claims OF this
description individuals will come forward and say, We
are now in necesstous circumstances we did not apply
before, because we did not think we should need the
money though we thought our claims Just; but now we
are poor therefore we Congress to establish
claims Establish this precedent, and we shall have ap
plicants nnumerable have seen how things go Tor
want of attention to such the present. and an
claim is not founded upon principles of strict Justice OF
equity and thus open the doors OF the public treas
ury for everybody who thinks proper to apply and can
make ou, case upon which to present an appeal to our
sympathes.
Mr. UNDERWOOD am not sure, sir, but believe
horses are to be paid for by act of Congress when lost IN
battle do not know positively whether there is such
b,,tI hipD