Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-02-24

tso IN that state during the late war
Very respectfully,
Your obedient servant,
VIM. w. BELKNAP,
Secretary of War.
Brigader- General E. d. TowNsExp,
Adjutant General u. S. A.,
Washington, d. G.
GENERAL-A few weeks since 1 received
from some anonymous friend in Maine COPY
of the daily Portland Advertiser containing
an extract of q report made by certain Com
missicners acting under the authority of the
Maine Legislature, in the investigation Of en-
lstnent frauds during tile late war.
The tone Of the report seems to throw
some responsibility for these frauds on me, in
my capacity as Provost Marshal General of
the United States. Immediately wrote to
His Excellency the Governor of Maine for a
copy Of the report, and have been assured by
him that it should be furnished as soon as
printed.
This copy has not yet been received, but
am in receipt of the Bangor Daily Wing
containing the full text Of the report, and l
desire without further delay to make such
comments thereon as seems to be impcratively
demanded by the honor of the service and my
self respect
The report fills me with profound surprise.
l did not know that such an investigation
was being prosecuted, and had not the re-
hottest hint that the dongs of my Office were
under review and criticism. 1t is certainly a
very singular circumstance that an investiga-
ton of this character, protesting to deal with
the transactions of my Office, and throwing
aspersions on my official character, should
have been conducted without calling on me
for any information or giving me the slightest
opportunity to be heard. was, perhaps, bet
ter prepared than any other person to give
official information bearing upon the subject
under investigation. Yet for reasons best
known to themselves the Commissioners did
not see fit to call upon me. My only resource,
therefore, is to make this communication to
my proper military superiors, asking that it
be laid before the Governor of Maine, and re-
qusting that it be made as public and a mat
ter of as permanent record as the report to
which it relates. W##
The Commissioners charge me with tran
scending the requirements of law in 1864,
from which frauds resulted. Their report
says: .fe a-
ave shall net, however, have fully dis
charged our duty unless we indicate in some
general way the conclusions we have una
voidably arrived at, as to the persons upon
whom the responsibility for these unauthor-
lied credits rests.
When the Provost Marshal General in his
letter of July 8, 1864, appointing Governor
COny and Major Gardiner to the Naval Com
mission, instructed them that, in determn-
ing the credits the State of Maine and the
different subdivisions of it were entitled TO-,
the Secretary thinks it win be fair to assume
that the State in which naval enlistments
have been made is entitled to credit for the
enlistments unless it should appear by more
direct evidence that the credits belong else
har he 10 trh <~on InI
the requirements of law. The terms and in
tendment of the act were to throw the burden
OF proving residence upon the towns; the eff
feet of the instruction was to assume the resi-
dence to be at the place of enlistment, and
throw the burden of disproving it upon the
town making an adverse claim.
The instruction from the same officer to
Governor Cony and Major Littler of Dec 10,
1864, authorizing the credit of the 25l Naval
credits is of the same force and refers to the
foregoing instruction. The mere private in
dorsement upon the Marine Corps list in the
hands of Messrs. Pike and Colby, authoriz-
ing credit of the names it contained to dis
tricts and sub. districts of Maine and the SINH
lar instructions for like credit Of about 200
names on a list held by G. F. Cochrane to
districts and SUBJ districts in the State Of
does not seem to US have had the slightest
pretext of law or propriety to vindicate it."
Whether the instructions of July 9 and
December 10, 1864, above mentioned, be
right or wrong, am not responsible for them
they were Mr.. Stanton's, not mine.
This is plain from their terms, for say not
that think, but that the Secretary thinks,
etc." and this is confirmed by my final report
(page 70)dated March II, 1866, where say,
referring to this same matter, ''the Secretary
of War decides" &c. Under the law, my
orders and decisions were made in my own
name and not in that of the Secretary, as
will appear by reference to them.
When /, as his subordinate officer, commu-
nicated his decisions, as in this case, they
were his, in fact, and not mine. But the
terms of the instructions, and that of my
final report, though sufficient proof, are not
the only nor the strongest proof on this point.
have the original of my recommendation to
the Secretary of War, for carrying out this
law. The whole tenor of these instructions
as framed by me, was to throw restrictions
around these credits, and the 4th article OF
them was in the following terms:
~. Their residence must be proved to the
satisfaction of the Secretary of War. When
the residence is established, as required by
the law, the names of the men credited will
be placed on the enrolment lists Of the places
to which the credits are allowed. 1t shall be
ihS ouSy VI to AStinB AoSIStdut huJuthut
General of the State to see to this"
1t appears that in the opinion of the Com
missoners, this recommendation of mine
would have fulfilled the requirements of the
law and prevented frauds. But Mr.. Stanton
rejected it and substituted the paragraph
which the Commissioners think transcribed
the law and produced evil results. l am hap
Ply to have the Commissioners on my side OF
this question, but must leave them to con.
test the correctness and wisdom of Mr.. Stan
toms construction Of the law. The issue is
one for jurists to decide, and let it rest be-
tween the Commissioners on the one side,
and the deceased War Minister, Attorney
General, and Justice of the United States
Supreme Court, on the other. I know the
latter to have been an able jurist; of the for
mer know nothing.
Besides the charge have just explained,
the Commissioners say that by mere private
endorsement credit was allowed for q MARINE
corps list in the hands Of Pike and Colby to
districts and sub-districts of Maine, and that
by similar endorsement like credit was al
lowed upon list in the hands of G. P. Coch-