Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1890-10-18
AForm.r Pension RuIInz Set Aside.

WASHINGTON, D. c., October u.-Assistani
Secretary Busey has rendered, in the case of
Russell S. Cole, late of company E, First
regiment New York cavalry, and of company
D, Twenty New York volunteers,
decision that deslgnateS the status of pris-
oners of war who. having enlisted in the
rebel service in order to escape impriscn-
ment and return to their own command, are
applicants for pension on the ground of dis
abilities incurred by reason of the service
and in line of duty. This decision sets aside
The decision of Commissioner Black, May
%, 1881, in which the commissioner held
that regardless of circumstances and of mo-
lives, a prisoner of war so enlistlng in the
rebel service, even as device of escaping
from starvation and imprisonment, was held
as voluntarily aiding the rebellion, and there
fore barred from pension by section A, 465
of the revised statutes, which prohibits PEN
sions to prisoners who IN any manner volun-
tarily engaged or aided or abetted the late
rebellion. The assistant secretary quotes the
ruling made in similar cases by Secretaries
Cox and Teller in opposition to the ruling
made by Commissioner Black, and presents
fully the legal aspects of the question. After
quoting a ruling made by ex-Judge Advocate
General Holt and also section of the act
approved March 2, 1889, the assistant secre-
tary concludes as follows: THE records in
the case show that the claimant was a veteran
soldier, whose re-enlistment in the union
army, after a gallant service of two years,
was dated September, 1888. He was cap
tured June 80, 1864. He was con-
veyed to a rebel military prison and kept in
confinement at Andersonville a number OF
months. Finally, on January %, 1855, he
accepted the alternative of enlistment in the
rebel service with view to escape from the
enemy rather than to continue within the
walls of the Andersonville prison. In fact,
his enlistment under the circumstances was
but the condoning in another form of the
duress and imprisonment to which he had
been subjected, and should be so construed.
He swears that the said enlistment was
whereby he thought to return to the federal
lines, and proof of the statement is found in
the fact that he did return to the federal
lines; that having effected his escape as soon
as possible he came under the care of the
federal authorities and was returned by them
to his company at Camp Pratt. w. Va, June
5, 1866; that he was received by his COM
handing officers and his comrades as q
worthy associate, and that he was honorably
discharged from the federal service of his
company July 70, 1866. This record is COM
plete vindication of the soldiers motive, 10y
atty and honor. His account of his escape
from the rebels was not doubted by his COM
rades, it was shown by the record, accepted
as true by the war department, and it is no
part of the duty of the department at this
late period to try and convict him upon an
allegation which was never preferred against
him Dor complained at the time when he re-
turned from captivity to the shelter OF his
country's standard. 1 therefore respectfully
override the former decision of your Office
and grant the pension sought.