The National tribune. [volume] (Washington, D.C.) 1877-1917, 1882-07-29

III. NOCtNItii fOSc anu SdIu-
| I am directed by the Committee on Military
Affairs, to whom was referred the bill II. r.
No. 522i) to relieve certain soldiers Of the late
! war from the charge of deseTtion, to report if
| with amendments. This is the bill for which
consideration was asked yesterday morning
and 1t has been since printed with the amend
ments. l ask that it may now be acted unon.
/ rs 1t IS very important matter and will only
/ take few moments.
BY unanimous consent, the Senate, as in
Committee Of the Whole, proceeded to consider
the bill.
The bill was reported from the Committee on
Military Affairs with amendments
/ The first amendment was in section 1. so as
| to make the section read:
That the charge of desertion now standing, on
the rolls and records in the Office Of the Aduauf
/ General OF the United States against any soldier
whe served in the late war in the volunteer service
shall be removed in ali cases where shall be made
/ to appear to the satisfaction OF the Secretary Of
! War from such rolls and records or from other
satisfactory testimony, that any such soldier served
faithfully until the expiration of his term of enlist
| mcnt, or until the 22d day of May, A d. lSE5 or
was prevented from completing his term of service
by reason of wounds received or disease contractc
III the line Of his duty, but wEo by reason of alb
/ SERGE from his command at the time the same was
mustered out, failed to be mustered out and to re-
| ccive an honorable discharge.
The amendment was agreed to.
! The next amendment was in section ?, so as
/ to make the section read:
| SEC. . That the charge Of desertion standing, on
the rolls and records Ill the Office of the AGuant-
/ General of the United States against any soldier
who served In the late in the volunteer service
shall also be removed in all cases where it shall be
made to appear to the satisfaction of the Gecretar
of War, from such rolls and records or from other
satisfactory testimony, that such soldier charged
/ with deSert1On or with absence without leave did
not intend to desert and after such charge of de.
I seTtion or absence without leave voluntarily r
/ turned TO ms command and served in the fine Of
his duty until he was mustered out of the service
and received certificate of honorable discharge.
/ The amendment was agreed to.
/ The next amendment was in section T. so az
to make the section read
/ SEC. 4. That when the charge of desertion shall
be removed under the provisions of this act from
the record of any soldier, such soldier or in case
Of his death, the heirs legal representatives Of
such soldier, shall receive all pay and bounty which
may have been withheld on account of such charge
of desertiOn or absence without leave PrOUidsd
h9rereT That this act shall not be so construed to
give to any such soldier may be entitled to relief
under the provisions of this act or in case of his
death to the heirs or legal representatives of anv
such soldier the right to receive pay and bounty
for any period of time during which such sodier
was absent from his command without leave of alb
sence: AHd prOUid6d further, That no soldier nor
the heirs legal representatives of any soldier
who served in the Army q period of less than
deserted shall be entitled to the benefit of the pro-
visions OF this act.
The amendment was agreed to.
Mr. HOAR. l do not know that understood
the bill correctly by listening to a single read
ing, but if I did, one of the first sections pro-
videS for relieving the soldier of the effect of
a mere technical desertion, where he served
through the whole war, but failed to be present
when his regiment was mustered out, or who
after the active service was all over was in such
i'll health that he failed to report at hospital,
perhaps; having had furlOugh, he did not
come back to the hospital. 1t relieves the SOL
der against that mere technical deSeTtiOn
where he performed substantially all the duties
Of the soldier.
If that be the effect of the first section, why
should that class of cases be exempted from the
benefit of the first section by the fourth Sec
tiOn, which provides that no soldier who has re-
ceived a local bounty and deserted shall be en-
titled to the benefit of this act? This is deser-
tion technically just as much even if YOU re-
ieve the soldier from the operation of it. Why
should not that class of soldiers who did receive
local bounty of one, two, or three hundred
dollars and served through the war entirely be
included in the bill?
blr. COCKRELL. There is a difference be-
tween the act of desertion and the charge of
desertiOn. At the close of the war, when the
war was all over as everybody knew on the
22d of May, 1865, when the grand reviews were
held here, great many soldiers stopped of at
their homes IN Pennsylvania, Ohio, Indiana,
and other places. A large portion of the army
was sent to Louisville and was mustered out
there along in June and up to the 1st of July.
When the final muster-out came quite large
number of soldiers were not there. They were
not absent on furlough or regular leave OF
absence, and they were indiscriminately
marked deserted" There was no desertion
it that.
Mr. HoAR. Was not that technical deser-
ton?
31r. GocKKELL. It 8aB not technical deser-
ton by any means. Absence without leave is
only one step in desertiOn. Every desertiOn in
cludes absence without leave, but every
absence without leave is not deSertiOn.
DesertiOn is more than absence without leave.
1t is absence without leave with the inten-
ton of not returning and that constitutes the
gist of desertion. The last clause in the fourth
section is in regard TO what were known as
bOunty-jumpers those who would enlist and
receive local bounty, and when started off to
their commands would not get there, but
would turn up at some other place and enlist
again. We guarded that i'll that way.
Mr.. HOAR. l have case in my mind which,
if the Senator will allow me- l shall state.
There was a soldier in Worcester county, Mas
sachusetts, of great distinction, who was terri
bly, wounded. He got leave to go from one
hospital to another just at the close OF the
war. One hospital was about five or SIX miles
from his home, the other was at ReadYlue,
think, in the eastern part of the State. In
stead of going to the hospital, he went to his
home in a country town near where L live.
Congress passed an act removing the charge OF
desertion from his name.
Mr. COCKRELL. That was right.
Mr.. HOAR. President Grant vetoed the act
and we passed it over his veto.
Mr.. C0CKRELL. That was right.
Mr.. HoAR. The Senator may recollect the
case. Was that in fact desertiOn?
No. \ 2 qf all
Mr.. HoAR. Why not? 1t is construed as
desertiOn.
Mr.. CoCKRELL. 1t is not desertion any
more than it would be larceny if you were to
take nv horse in my absence and ride him half
a mile to a neighbOr'S and bring him back and
turn him into the lot. 1t would be trespsSs
TO take the horse without leave, but it would
not be larceny. There is the same difference
between absence without leave and desertiOn.
The man was not deserter, and yet the charge
of desertion was entered on his record. The OBJ
iect of the bill is to remove this charge of
desertion, and the second section restricts 1t to
those who did not intend to desert SO that lt
does not apply to cases of actual, WllltuI de-
serterS.
Mr. MAXEY. I will ask the Senator from
Missouri in charge of the bill TO explain one
other point SO rs to place the committee right
The bill provides that in the case oil the SOL
dier who served to the end OF his enlistment,
or TO the 22d of May 1860, 1t was necessary TO
state on the record the reason why one VINO
did not serve to the end of his enlistment, or
to the 22d of May 1865, should not Do regarded