The National tribune., 1882-07-29

services they rendered, as far as I know, were
as good as those Of anybody else.
Mr.. HOAR. l desire TO ask the Senator from
Kansas, who | believe is member of this COM
mittee, question. The two first sections de-
scribe the class of persons to be benefited, and
the second section excludes the class put by the
Senator from Indiana. Is there any doubt that
under either of these sections men ought not to
have the relief Just as much as if they had
enlisted with bounty as without 1t?
Mr.. PLUME. | think so undcniably. want
to say in regard to this bill as 1t Is now that L
have given the subject great deal OF attention,
and the bill will not bring within Its operation
any man who actually did desert; and may
say that the best definition of deserlon is found
in the later military works. It is defined to be
the act of deserving the flag; that IS to say, a
man who intends to leave the service OF his
country. to turn his back upon the service
which he has engaged to perform, to get out
from under the flag he enlisted to serve under
and while technically leaving mans company
and going into another company and rendering
service there is dcsertion, at the same time for
practical purposes it is not desertion.
/ happen 10 know of cases arising in my State
and cases arising in regiments enlisted from
other States all very hard cases indeed. Every
soldier who enlisted enlisted to serve for a GER
tain term or during the war. Those words" dur
ing the war" were held to qualify, to modify,
to limit the term of service. 1t was not to be
three years absolutely, but three years if the
war lasted so long, and if the war did not last
three years then the service terminated when
ever the war terminated. For all practical
purposes, while the Supreme Court fixed date
some time i'll 1866 when the state of war terml-
mated for certain purposes Of justice in insur-
rectionary States and the rights of persons
therein, practically the war closed prior to or
about the date named in this bill, the 22d of
.l.,Y, t1.an
of Sherman and the Army Of the Potomac met
here in review, and every preparation then
was made to muster out; money was raised to
pay the men; they were sent to convenient
dCpOtS for the purpose of mastering out and, as
stated by the Senator from Missouri, regiments
went to Louisville for that purpose and as they
went through Indiana the men left and went
to their homes governed by an instinct which
was just as noble and just as patriotic and just
rs much for the benefit Of the country as the
instinct was which induced them to enlist |
say that in the act Of the dispersion of the army
the instinct that led these men to go back to
their homes was equally as honorable as that
which led them to enlist in the first place, and
distinguishes the citizen soldiers THE Republic
from the hirelings Of despotism as any other
act they could have done.
1t was the interest of the Government that
these men should 90 back and that they should
want to go back, and when their terms of SER
vice had expired some of them, as described by
the Senator from Connecticut, left intending to
go home, not caring about the formality Of
mastering out At that time they did not
care particularly about the charge of deSertion
because all their ncighborS knew that they had
served, and it did not detract from mans
merit TO have it known that he had gone home,
because everybody knew he had served; but
as time goes on and it gets away from the recol-
lection of men, other people grow up, a new
generation arises and the record becomes the
main thing, and now these men say: 1--WE
want the record all right: we do not want to
depend on the recollection of our nei ghborS, or
on tradition, for the fact of our service and the
honor of that service" | think now at this
time, when we can do it without setting any
possible bad example for the future, we ought
to do this thing, not only justly but generously.
| think myself, on reflection, that this part
of the bill moved to be stricken out by the
Senator from Connecticut ought to be stricken
out in justice to what must have been very
large class of persons enlisted in the Eastern
States.
Mr.. PLATT. Iwant to say single word more
The bill as il stands to-day will not help one
single Connecticut soldier. Every one of them
received a local bounty, if the State bounty is
a local bounty. So ii will not relieve on single
soldier in Connecticut.
Mr.. BLAIR. / cannot help thinking that the
Senator from Connecticut is really somewhat
mistaken as to the significance of the language
of this prOvisO, though it may rs well all of it
be stricken out. He seems to cOnfound the
class specified in this provisO with those who
are included i'll the rest of the bill, and 10 aid
which the bill seems 10 have been introduced.
This proviso as 1t strikes me includes class
of soldiers that is not covered at all by the
general provision. 1t is not only those who
served less than twelve months and those who
received 4 local bounty, but who in addition to
the reception of local bounty actually deserted.
1t is not those who rest under the charge of
desertiOn merely, for those who are charged
with desertion on the records are not deserters
as a necessary consequence. They are dealt
with rs primG- tdCie dcscrterS; but. as in the
case of every other crime, the cSSenSe of dcScr-
ton is in the intent. The words land de-
serted found in this provision of course con-
tain the implication of the crime of descrtion
itself, the intent to desert, and l do not under
stand that the rest of the bill includes that
class at all.
If any Connecticut soldier, or any New
Hampshire soldier, or any Western soldier, who
went into the service, whether he received
a local bounty or did not receive local
bounty, having served twelve months or less,
did desert with intent to desert the flag he
then became a participator III tho crime of
treason, and that man ought not to receive
benefit under this act, and | do not under
stand that the provisions Of the act extend
to that man; but they apply to him who did
not desert, who, stimulated by the love of home
and knowing that the war was substantially
over or for any other reason which does not
include the essence of the great crime of de-
SertiOn, abandonment of the service itself was
absent without leave. 1t is TO meet the neccs-
sites Of that very large class of men that the
general provisions of the bill are applicable
But where man is not only charged with de-
SETON, but cannot remove that charge by fur
nshng evidence under the other provisions
Of this act 50 that upon the testimony which
each individual must addUce before the War
Department in order to obtain any benefit ut
ali under this act it finally appears upon the
judicial action of the Department that he is
still dcscrtcr, he ought to have no remedy,
whether he is a Connecticut or New Hamp-
shire man or any other man whatever, no mat
ter if he deserted at the very last moment of
the war.
think that the proviso is utterly inappli-
cable to the class Of men whom it is designed
to reach; but if the whole proviso was stricken
out the bill would then be perfect; and if the
Senator from Connecticut will make a motion
to strike out the entire prOvisO he will have
the bill perfect, as it strikes my mind, and
shall be very glad to support it.
Mr. DAWES / understand the bill to go upon
the principle of relieving Il man from the
charge Of dcsertiOn who is not guilty in fact
but has incurred that record, and it does not
seem to me That ii Is affected AT all by the queS
ton whether he received a local bounty or
not but the question is whether the charge of
dcscrtion rests upon man who did not intend
in fact to desert.
have some knowledge of a case soldier,
1Jn1,.