The record-union., 1896-06-01
thereof by either the War or Treasury

thereof by either the War or Treasury
Departments.
Section 2 That all the provisions of
said Act of July 27, 1861, as heretofore
and now declared, as to the intent and
meaning thereof, be, and the same are
hereby, extended, as of the date thereof,
to all cities, towns and counties which
incurred or contracted ''coStS, charges
and expenses similar to those incurred
by the several States and as provided
for in said Act and in this resolution.
This resolution was referred to the
Committee on Judiciary of the House
and ordered to be printed. In order to
bring the matter more clearly to the at
tention of the members of the commit
tee Mr.. Johnson sent to each member a
copy Of the following letter:
House of Representatives, United
States, Washington May 1S, 1896
Hon. David B. Henderson, Chairman,
and Members of the Honorable Com
mittee on the Judiciary, House of Rep
resentatives-Dear Sirs: I have the
honor to herewith transmit to each of
you copy of Joint Resolution No. 1S5,
introduced in the House by me on May
10, 1896, and referred to your Honor
able Comrnitte on the Judiciary; the OBJ
Ject of which resolution is to declare
the meaning and intent of the Act of
Congress approved July q, 1861, enti-
tied 'An Act to indemnify the States
for expenses incurred by them in de-
fense of the United States prior and
subsequent. to July 27, 1861. Q2 U. S.
Stats, 276-615.)
oil i1 1ryitH
a copy of House Report No. 164S, made
May g, 1896, by Hon. Theobold Often,
from the Honorable Committee on War
Claims, because said report and the
appendices thereto, recite principles
and reasons in extenso, showing why
some legislation of the character re-
cited in said resolution should be en-
acted by Congress at this time.
Said House Report No. 1913 was made
to accompany H. r. 8733, bill propos-
ing to vest in the Court of Claims a
jurisdiction, which said Act of July q,
1861, originally vested in the Treasury
Department, where this Joint Resolu-
tion No. 1S5 proposes to retain and to
continue the same.
A careful reader of the proceedings
crosses, cannot fail to observe the num-
erous, constant and persistent efforts
made to remedy complaints arising in
the Treasury Department coming from
many States, all praying Congress, by
proper bills to be enacted therefor, to
settle, adjust and pay their State claims
for moneys by them appropriated, ad-
Uanced, expended, and contemplated
to be reimbursed them under said Act
Of July 27, 1861, and wherein said
moneys were expended at the request
Of the United States to aid them in
maintaining THE common defense
during the War Of the Rebellion.
In order to secure results so prayed
for, numerous bills for the relief of sun
dry States have been introduced in
Congress, some of which seek to pay
certain of said claims by direct appro-
priation of money; some proposing TO
refer certain thereof to the Court Of
Claims in separate bills; some to omnf-
bus them in general bill, as in II. r.
S733 and H. r. 1862; some to send them
to said court under the Bowman Act;
some to be sent there under the Tucker
Act; some 70 be sent there under resolu-
tions of reference by either Honse of
Congress, while still others seek to vest
additional Jurisdiction in the Treasury
Department, but only in special cases,
by special bills, and so on ad inf1nitum.
The causes complained of which sug
gest and demand remedial legislation
oe this character are all due to and
emanate from one and the same source,
to wit, an alleged erroneous or incorrect
ruling and construction by the Treas
ury Department Of the intent and
meaning by Congress as rectted in its
said Act Of July q, 1861.
I respectfully submit that Congress,
by means of explanatory legislation,
is quite as competent to now declare
the intent and meaning Of it's own Act
of July q, 1861, as are the account
! ing officers Of the Treasury Depart
ment. After some consideration Of the
many controversies alleged to have
arisen between the United States and
the several States in the Treasury
| Department in the administration OF
said Act Of July Z, 1861, I believe that
/ a legislative solvent can be found ade-
quate not only to remove all past and
prevent all future contentious in all
/ these premises, but one whereby, at the
same time, to retain in the Treasury De-
partment a jurisdiction which said Act
/ of July 81, 1861, originally vested in
| that department of the Government;
4 and in which, till now, 1t has ever
remained, and in which are now OF
| record nearly all the original vouchers
| official papers and valuable archives
copies of State Acts, resolutions and
laws, placed there several years age
| by the several States, parties to the
Legislative contract created between
them and the United States by said
| e o. - LII aR1