Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-08-03
KESTUCKY'S WAR CLAIMS.
Boutwell, Declines to Allow the
Claim.
Testimony OF Gen. sherman and
Others.

oahCkbs
WASHINGTON, August 2.-Secretary
Boutwell, issued the following opinion in
the matter of the claim of the State of
Kentucky for the reimbursement of the
sum of 1926, 259, paid the State militia
for services rendered during the years
1868, 1864, 1865 and 1866. The claim
was filed in 1866, snd it is made under
the provisions of an act indemnifying the
States for expenses incurred by them in
defence of the United States, approved
July 81, 1851. Secretary Chase, when
providing for the execution of this act,
prescribed series of rules, the second of
which is in these words:
1t is only for expenditures on account
of troops, officers or men, that have been
or may be mustered and received into or
actually employed in the service of the
United States, that reimbursements viii
be made. Organizations raised or at
tempted to be raised, but not mustered
and received into and not actually en-
ployed in the service, will not be recog-
nized, nor will any reimbursement be
made by the United States of expenses
incurred in the organizing, equipping and
maintaining of troops for State purposes
or home guard, whether called out by the
State or other local authority, unless such
troops called out and such expenditures
incurred are at the request or under the
authority of the President or Secretary
of War.
It is not commended that the troops for
whom re endorsement is asked, was ever
mustered into the service of the United
States: nor is it contended that they were
called out al the request, or under the
authority of the President or Secretary
of War. Before these facts the rule
quoted is far adverse to the claim. 1t
is, however, sought to bring the claim
within the rule, and in support of this
effort, special reference is made to GER
tificate of Gen. Sherman's, the cOmmu-
nica,ion of Gen. Vincent, and the ap
proval of the Secretary of War. The
certificate of Gen. Sherman is as fol-
lows:
| certify that prior to the beginning of
the Atlanta campaign l sent for Gov.
Bramblette, of Kentucky, TO come to me
in Nashville, and in May or April 1864,
revealed to him the plans and purposes
of the campaign, and then expected him
as the executive of Kentucky to guard
and protect our lines of supply, all of
which came through Kentucky, and to
guard against raids or invasions from
east or west. He expressed his will
| lipgness to DO so, and on the
whole, our lines were protected
and our SUCCESS thereby encouraged and
insured. My route, IS is well known,
was TO Savannah, Ga, aud thence TO
Washington, d. c., SO that | did not again
zee Gov. Brambletts till the war was
| over, and was never able to ascertain
how or IN what manner he disposed of
the State Militia as proposed, but do re-
gard his efforts as meritorious to the cause
of the United States in high degree.
w. T. SHERMAN, Gen.
Gen. Thomas Vincent, Asst. Adjt.
Gen. of the United States army, in his
communication dated June 80, 1871, af
ter enumeraiing the various documents
filed in the case, recommends that the
troops be recognized as having been &C
tualiy employed in the service of the
| United States, that recognition being
deemed Mt cessary by the Treasurer of the
| Department, in order that the claim may
be allowed under the act of July 81,
1851, to indemnify the States for expen-
ses incurred in defense of the United
States.
On the same day of the recommends.
ton of Gen. Vincent is the approval
wi,bout comment by the Secretary oil
Wsr.
The claimants cite as q precedent the
order Of Secretary Stanton, in July,
1867, whereby he recognized certain
troops who had been called into service
in Kentucky In 1861. There is, however,
a manifest difference between the two
cases. The troops whose service was
Tecornized by Secl etary Stanton, were
called into the service of the Uni
ted States by General Mel on, who
VOC then the officer Of the Uni
ted States commanding under th'
President, and subject to the direction
of the Secretary of War. Upon wei
understood principle, it was competen
for the Secretary of War or the Preslden
to reorganize these troops as having beef
called into servicsby proper authority,
although neither the President or Secre
tary OF war knew of the call until sfte
it was made. The order of Secretar.
Stanton is specific. 1t met the points 9
issue, and placed the troops called out I
, Gen. Nelson, within the second rule O
| Secretary Chase, before quoted.
long BRANCH.