New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-10
IN IMPORTANT PENSION DECISION.
THE REASONABLE STATUS OF PRISONERS VI
wAE WHO ENLISTED IN THE REBEL
ARMY. INTENDING TO ESCAPE.

Wabnrtor oct o.-Assstant Secretary Ilussoy has
,ondsrcd IN the cate OF Russell Cole, late Oi Corn
many E. LIST REGIMENT New.iUk NetcI1I Cavar
md Of Company d. 27th New York Volunteers. G."
,sion that defines the status OF prisoners OF War VINO
having enlisted in tile Rebel service III oder I" escape
Imprisonment and return 10 TIER own corImhGd arc
applcat, for pension account o: disabilities In
Cured Ly reason OF tie service and III the line OF dN
This decision rcscinds The ruling made bv toinni'
Iiack ON MAY %, las5, IN which The COMMISSIONER
held that regardless Of circumstances ana "i mrtV"'
rrisoror q, war so cnlistng In the Rebel service
even A. a device OF escape from starvation III npFi~"
ueut should lie held having "vonniaiiI a'd' u
,le RcArllon and therefore Is barred from pension hI
section 47l6 Revised statutes. which prohibits pen
,io,, to persons who In any manner Voluntarily "n
carrd In, or aided allotted III" late IL"
belMor." The Assistant Secretary quote, rlneS mad"
In similar case, By Sec~'ari,, cox and Teller IN op
position tD tie 1ng made hy Commissioner Black,
and pre-cnt> fully the IL Gal aspects Of the question:
lie discusses the law Of durcs, the nature Of contract
for enlistment III he military SERVICE the status OF
the prisoner Of war. AID the dl>ti,con bcw'rn vol
untary AID involuntary eni,mcit~. The Assistant
secretary that COMMITS '"ner l'laks ruin wal
evidently intended to Suhvert tho unbrohcn line oi
dcc sions Oh the question that had obtained uN
Ger the Administrations Il Lincoln Johnson. Grant
Iiaycs Garfield and Arthur decisions hise1 upon
clearly esIaL!i~ he'd l"ya! prncplcs.'
After quoting AMI applying ruling MADE bv eA'
Judge .AdvOoa General Holt and also Section OF
The act approved March =. 1879. The Assistant sec
rotary conclude, par, is follows,
The records In the show that The claimant wa
veteran soldier. whI>c re enlistment IN t.l mi'
Army after gall, service of two years. was dat
september i, lsG:. He was cap'n.cl III b'ti'c Oh
July 20. isGI He wa conveyed! 10 E''ci military
pri ,on and kept In distressing co!ineinc;t 81 An
dcr,onyIlc, ca. a number Of moah, fnaiy. ,o on
native o. cnli,mcr IN the isc,i ,crvi'e. with view
I" escape from The enemy rather man coh''i u,
in The wall, Of ti; A'"lcr,on.ilie pr..nn IN
fact his emil >tmcnt under the cream i ;n'r! w,> biii
Imprisonment, to which lac had been SUBJECTED ara
>h0ud be- construed. Can such an enlistment by
REGARDED Is voluntary Was II not, IN iact. rcpii.
svc' And was IT other than d"vir" whereby tie
colder sought to return to TIE Federal lines I"n the
| company OF. hi4 old comrades. and again enjoy the
prot elton ii the flag for which he had fought and I'm
perled lie during four years Of aiiuons service
device: ard proof Of the ,tatcnrnt is found In the
fat shat hr 4 return To the Federal Limos thai. hav
ing effected h., escape practicable h. came
uide: the OF the Federal authorities. and va, re
turned by them 70 hi, COMPANY at Camp Pratt W "a
ccr, and by i his conrd. ~" u" wort I a.,~
AID thai he va, honoably discharged from the Ic!
cIal ,c'vicc, with his company. Jniy 20. CD. This
i've. lp ait, and honor \ dc>ertcr. a such cannot
b" discharged rom The service bat mns be held for
f [ % ' .pcr Mh apcs +, o nnda npr1
VA ever subjected 10 trial nor t" the sigicr pen.
Aput from the fact that this Department. in the
administration Of the pension system which Is In
4 sense a penal sy.tcnhas no authority either to
against the Articles Of the War. hold that must be
controlled In si@ sa.eo coming before i for ad
the soldier and Of the citizen alike can never BE- taken
away forfeited cAcep bv the expre, terms Of the
law. the actual and ohvou, meaning Of which should
.tr,ciion i respectfully overrule the Joiner dc.
cslon OF your ONCE, and grant the pension sought