The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-04-11
PENSIONS STOPPED.
One Hundred From a Jersey
Regiment That Mutinied
During the War.
DISCHARGED IN DISGRACE
An Incident ON the Rappahannock
Banks = Claimed Their Time
of Enlistment Had
Expired.

WASHINGTON. April II, 1S95.-Unless
some unforeseen action is taken, over
a hundred pensioners in New Jersey
win be dropped from Their oils next Mon
day. The trouble is serious enough to
have caused a visit mere by Senator
Smith, but the order to drop the pension
ers has been made, and it is not likely
to be revoked.
The case is a curious one, and presents
many features hat excite sympathy Tor
the unfortunate veterans. On the sd OF
May, 1861, when President Lincoln was
calling so loudly for volunteers, the 2oth
New York Infantry was organized. II
was almost exclusively composed OF Ger
mans. members of Turn Verein and other
similar organizations, living IN Ne"
York City, in Jersey City and in Newark
The men enlisted, as Trey supposed. Tor
three months, but at the END OF that time
the Governor OF New Yor8 DIS he had
power to do. turned the regiment over
to the United States, and the men found
that they would nave to serve for two
years. They accepted the situation and
went to the front, doing splendid duty.
On hte morning of the 29th of April,
1868, when the regiment was lying beside
the R-appahanock River. in Virginia, it
WAS OtQeISQ as u Rall u lAS A-NS+ Pt
to move into an expected action. All the
companies of the regiment refused to go
They claimed through their officers that
they had served out even their extended
period of enlistment and were no longer
in the service. They made no disturb
ance, but quietly insisted upon what they
supposed was their proper position. 1hs
entire regiment, however, was court mar
tailed upon the charge OF mutlny ana
miShGhaVf0r in the presence OIL the enemy,
The record of the trial, now on nle II
the War Department, show that l99 mel
though they pleaded the expiration OF
their term of enlistment in justification
of thsjT st; t sEyE EsTs s 81 ffHRa Eaii's'
The sentence of the court, was very Sc
we're. They were to forfeit all pay, bounty
and allowances which were or might o.
vice with q ~dishonorable discharge, anG
to be confined at hard labor in charge OF
might be designated, during the remain
der of the war. This sentence was duly
approved by the reviewing authorities,
regiment unGer guard prevented the
carrying out OF the, entire sentence, and
the men were, simply sent nome with a
on April 4. 1866. however. three years
later. the War Department, In General
directed that if the men applied to the
Chief Mustering Officer at Albany, they
could secure an honorable discharge. II
was then naturally supposed that this
closed the matter.
Under the general pension act Of june
27. 1890. a large. number Of the ord vet
ceived pensions. Among them Were Ber-
hare kellner, of Newark, and Chrlsian
Wagenhals of Jersey City, whose cases
affects all tine other New Jersey mem
beers of the regiment. oo
REQUIREMENTS OF LAW OF 1890,
rrIoa law nf 1890 rpnlliraS an honorable
discharge as a prerequisite for a pen
sion. When the first applicant filed his
War Department for hisr ecord, the reply
was sent that he had an. honorable dls-
charge under the order of 1856, and pen
comrades who applied. Since then, now
ever, the Wal Department has taken the
ground that there Is no authority s, 9y
the verdict of a court martial, after It
has been finally approved, a nj, fnat.
to stand. Under this decision. of course,
the men are all on record as being dis
honorably discharged and are not en-
The question was regarded as SO i'm
portant that after Col. Ainswtorths who
had been asked by the Pension once to
chat they must abide by the court mar
to the Judge Advocate General OF the
the order of 1866 was imperative. Then
| Secretary Lamont took up the question:,
review. he gave the same opinion, 50 that
.aThe point is simply this,.";e said 9 Gol.
| Department can change the record OF a
soldier after three years, 1t 1an 40 so
after thirty years. It has no such power.
without any Congressional Legislation,
| revoke all the sentences of all the court
martial tba held aSaf aarin off fss WaT; a for re- re-
stance, from every soldiers record. AS 1t
is, we never change. a record unless au.
e gongress. When that order Of 1865 was
issued, the men were all scattered ana
our, Of the service and 1ti II the eba Depa 3pan +
| they had been -,
CHARGE.
sey men Secured the honorable discharge
under the terms of that, order?. m
Pension Office does not accept a certih-
| cate as final evidence. 1t takes our rec
ord here, and r5 IN tbs IS cane ne t reco SSn'eBHe Be-
sides This. the court martial had all the
facts before it, and although Inc men
against them. It is a regulation Of the
army, too, that no man is out o. the
service until he is mustered out, ana TINS
regiment certainly had not been muster
me only method of relief left open to
/ these men seems to De the passage VI dn
saI ~ CONGRESS at the next session
hanging hteir record and authorizing
| them to be credited with an honorable
| discharge. An effort in this direction
will Undoubtedly be made. In the mean
time, the order has been given at me
roIis several attorneys in Newark and
Jersey City have been thus advised. To
some of the pensioners the astlon VIII
he a serious blow, as Bernard Kellner,
for instance, has been drawing SH a
month.
HOME INDUSTRY.
Since the firm of Johann Hoff, OF Ber-
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