Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1871-03-03


perhaps, better prepared than amy other
person to give official Information bear
ing upon the subject under investigation.
Yet, Tor some reason best known 10 them
selves, the Commissioners did not see fit
to call upon me. My only recourse,
therefore, is To make this communication
to my proper military superiors, asking
that il be laid before the Governor Of
Maine, and requesting that il be made as
public and matter of as permanent re.
corl as tho report TO which it relates.
The Commissioners charge me with
transcending the requirements of tho law
in 1864, from which frauds resulted
Their report says:
"Wc shall not. however, have fully dis.
charged our duty unless we indicate in
me general way the conclusions we
have unayoidably arrived at as to The
persons upon whom the responsibility
Tor these unauthorized credits rest.
"When the Provost Marshal General
in his letter of July 9th, 1864, appointing
Governor Ceuy and Major Gardiner to
the Navil Commission. instructing them
that. in determining the credits the State
! Of Maine and the different Subdivisions OF
il were entitled TO, tho Secretary thinks
II will be fair to assume that the State in
which the naval enlistments have been
made i entitled to credit for the enlist
mcnts unless it should appear by moro
direct evidence that the credits belong
elscwhcrc',-"he seems TO us TO have
tlansccndcd the requirements ol The law.
The terms and intendments Of the act
were to throw the burden oi proving resi-
dcnce upon The towns; the effect Of the
instructions were to assume the residence
To- be at the place of enlistment, and
throw The burden of disproving it upon
the town making m adverse claim.
The instructions from the same officer
TO Governor Cony and Major Litter OF
Dec. 10Th, 1854, authorizing the credit OF
25l Naval credits is of the same force
and refers to the foregoing instruction.
The mere private endorsement of the
Marine Corps list in the hands OF Messrs.
Pike & Colby, authorizing credit OF the
names il contained to districts and sub
districts of Maine and tho similar instruc-
tions for Il like credit Of 200 names on
lilt held by G. P. Cochranc to districts
and sub districts in the State of--loes
not seem To rs to have had tho slightest
prctcNl OF law or propriety to yindicate
it.n
Whether the instructions of July 9th
and December 10th, 1864, above mention
ed, be right ,r wrong, | am not response
blc Tor them--lhey were Mr.. Stdnt0n'S,
not mine.
This is plain from their terms, for say
not that think, but that the Secretary
thinks, cls.,' md this is confirmed by my
final report (pasc7O) dated March 18th,
1866, where | say, referring to this same
matter, 1.-THE Secretary OF War decides, "
&c. Cndcr the law, my orders and de-
cisions were made in my Own name and
not in the name of the Secretary, as will
appear bv reference TO them.
When |, rs his subordinate officer, com
municatcd his decisions, rs in this case,
they were his, IN fact, 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 oi my re-
commentator 10 the Secretary OF War,
for carrying out this law. The whole
tenor of the Instructions rs 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 pr0red 10
Satistacti0n Of Me Secretary Of War.--
When the residence is established, IS re
CURED by the lar, the names OF the men
credited will be placebon the enrolment
lists of the places to which the credits are
allowed. 1t shall be the duty OF the Act
ing Assistant Adju;ant General OF the
State 10 sec to this.
1t appears hat ia the opinion oil the
Commissioners, this recommendation OF
mine would have fulfilled The require
mcnts OF tho law and prevented frauds.
But Mr.. Stanton rejected it and substitut
ed the paragraph which the Commission
ers think trnnscended The law and pro-
duced evil results am happy to have
the Commissioners I'll my side OF this
question, but must leave them To con-
tost The correctness and wisdom OF Mr..
Stanton's construction of the law. The
Issue is one for juisl TO decide. and let it
rest between the Commissioners on the
one side. and the deceased War Minister,
Attorney General, and Justice OF the
United States Supreme Court ,on the
other. know The latter TO hare been an
able iuriL; Of The former know nothing.
Besides the charge have just explain
ed the Commissioners say that by mere
private endorsement credit was allowed
for marine corps list in the hands of
Pike and Colby to districts and sub'dis-
tricts OF Maine, and that by a similar
endorsement II like credit was allowed
upon n list in the hands of G.. +. Coch =
rane TO districts and sub-dstrcLs in the
State Of -