The National tribune., 1882-08-12
w H CAIEINS
". II. CALKINs,
BENZ. BUTTERwoRTH,
Il. w. ToWNsHEND,
Managers o1l the part Of the House.
JoHE A. LOGAN,
L. NJ. CoCKRELL,


this report, in order to see whether we really
accomplished what we intended to accomplish
by the bill. This was intended to relieve SOL
diers who were simply technical dcserterS from
the charge of descrtiOn and to secure the iSsu-
ance to them or their legal representatives
whatever pay may have been withheld from
them by reason OF the charge of dcsertiOn.
Mr.. HOUSE. | would like to ask the gentle
man from Ohio what he means by technical
descrtiOn?" ?"
Mr.. BUTTERWORTH. | mean where q party
is simply absent without leave, but reported as
q deserter. For instance, this condition of
things has given rise to numerous bills for the
relief of soldiers from the charge of desertion
who really had no intention of deserting.
Mr. HOUSE. May not d man be deserter
who is absent from his command without
leave?
Mr. CALKINs. A man may be absent with
out leave and vet not be a deserter.
Mr.. BUTTERWORTu. / will give the gentle
man an instance to show what | mean. For
instance, q regiment is ordered, we will say, to
Louisville to be mustered out. 1t goes down
the Ohio, and at Cincinnati, if you please,
there are a large number of soldiers who meet
members OF their families s. their wives
mothers or childrcn-there, and who stop off,
not with the intention OF deserting from their
command, but with the expectation of over
taking and rcjOining the regiment at Louis
vile, to be mustered out with it. Now, this is
after the war, remember. 1t may happen when
they get to Louisvile-and l speak now of a
case in p0int-the regiment is ordered on to
Little Rock. These men go on next morning,
but are unable TO overtake their regiment
The rcgimentis is subsequently ordered back and
is mustered out before they are able to reach
their command. The result is they are re-
turned as deSerter5, when they never thought
of desorting. But the war being over they are
found in this unfortunate situation.
Mr.. REAGAN. May ask the gentleman a
question?
Mr.. BUTTEEWORTH. Yes, sir.
.-8lr. REAGAN. Is the bill not so framed as to
cover real deserters as well as those who have
been called technical deserters?
Mr.. CALNINs. That is the only difficulty
whether it docs not cover too much
Mr. BUTTERWOETH. After providing for all
those cases this language is used and | submit
it TO my friend from Tennessee Mr. House
whether it does not undo all the first clauses
the bill attempts to accomplish. After reciting
that the Secretary of War may grant an
honorable discharge in certain cases, that he
may hear and determine, &c, it adds this pro-
visiOn
4nd proyided further, That no soldier, nor the
heirs nor legal representatives of any soldier. who
months or who Intentionally deserted, shall be
entitled 10 the benefits of the provisions of this aet
Now, the use of the words Intentionally
deserted" where the soldier was n technical
deserter, in my Judgment, may prevent him
from availing himself of the provisions of this
act.
Mr.. HOUSE. Who is to settle the question
whether the soldier Intentionally deserted?
Mr.. BUTTERWOETH. The Secretary of War.
But according to the language of this proviso
if the soldier, although merely technical de-
scrter, did what he did Intentionally" y"-the
qualifying word used here-he could not have
the relief which this bill is drawn TO afford. |
fear that is the case, although | hope it is not.
Mr.. CALKINs. desire to say only a word in
reference to this matter. The bill provides
three classes of soldiers shall be relieved from the
charge of desertioD. The first class consists of
those who served their time out and were not
granted final and honorable discharges because
not present with their regiment at the time
the regiment was mustered out.
Mr.. HOUSE. Does the bill apply to those
only who served their time out?
Mr.. CALKINs. No, sir. | am stating the
three classes who are to benefit by the pro-
visions of the act. The second class consists of
those who served until the 22d day of May
1860, the day of the grand general reunion in
Washington. The third class consists of those
who were wounded or were suffering from dis
case and were in hospital when the regiment
was mustered out of the service! Then tho
bill says, to make it dOubly sure who are in
tended. that the Secretary of War shall not
grant this relief to those who were intentional
deserterS. L think, diSagreeing with my friend
from Ohio, Mr.. BUTTERwORTH,l the relief
is ample and that there can be no difficulty
about the meaning of the act.
Mr.. TowNsHEND of Illinois. Idesire to say
to my friend from Tennessee NJ. HOUsEI
that the bill has been carefully prepared, both
In the House and in the Senate, with view to
avoid allowing any actual or Intentional de-
serter to receive an honorable discharge. The
bill was passed by the House unanimously, /
think, at the request of the gentleman from
Pennsylvania, Mr.. RANDALL or it may have
been the gentleman from Indiana, Mr.. CAL
KINs,l | am not certain which at all events
it passed the House unanimously.
The Senate has amended the bill in only two
material particulars The bill as it passed the
House provided that those who had served out
their term of enlistment, or had continued in
service until the first day of May, 1865, should
sert the service. should have an honorable dis
charge The Senate has extended that time
until the 9th of May, and restricted the num-
Der to be benefited by this bill.
The House provided that those who had
served for not less than three months should
receive the benefits of this bill. The Senate
extended that term to twelve months. The
ot six months The House conferees gave up
three months, and the Senate cOnferees gave
up six months; so that we practically gained
three months on the Senate | think the bill
has been carefully guarded with view of not
allowing any actual or Intentional deserter to
receive an honorable discharge.
Mr.. RYAN. l only want to say that, III my
Judgment this bill, as now submitted, actually
accomplishes nothing. The object of the bill
as il passed the House was TO remove the
charge Of technical desertion. The bill, as
now presented. does nothing of the kind. 1t
only provides that where the desertion is in
territorial there can be no removal of the charge
of desertiOn.
Mr.. ToWNsHEND, of fIIlinois. Does my friend
from Kansas Mr.. RYAN want to remove the
charge of deserton against those who inten-
tioHally deserted?
Mr.. RYAN. | want to say that perhaps the
intention of the gentleman is to carry out the
object OF the bill but in my Judgment he does
not do it. Every desertion, whether technical
or otherwise, is Intentional. As general rule