Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1900-01-25
ARE MARKED DEsERTERs.
Many Veterans of the Civil War Who
Did Their Duty But Have No
Discharges

According to Judge Advocate Gen
eral Lemly, of the navy, one of the most
striking examples of inequitable legis-
lation to be found upon the statute
books exists in the case of a certain
class of soldiers and sailors, veterans
of the civil war, against whom the
technical charge Of desertion appears
on record The circumstances which
have brought about these inequitable
conditions he stated as follows:
In the spring Of 1865 a considerable
period of time elapsed during which the
army and navy were not in active serv-
ice, the exigencies of the war being
over, while at the same time the steps
necessary to a formal disbandment of
the forces had not been taken. Men
who had left their homes willingly to
enter the army or navy, and who had
remained in the service faithfully dur
ing the activities of the war, under
standing that the period of public peril
had passed, and that the purposes of
their enlistment had been substantially
served, quietly returned to their homes
and resumed their places in civil life,
in very many cases without awaiting
the formality of discharge.
The manner in which the individual
members of these great well-trained
and efficient organizations, immediate
Iy and without confusion or disorder
of any kind, reentered the civil body
polite from which they had come and
took up again the pursuits of private
business, has elected the admiration of
students of American national po1ity.
But however admirable and desirable
from the point of view of the political
economist the speedy reentry into pro-
ductive industry of soldiers and sailors
no longer needed for active duty may
have been, in all cases where such re-
entry was made without awaiting the
arrival of formal papers of discharge,
it was, from military point Of view,
irregular; and the soldiers and sailors
who, when the war was over thus re-
turned to their homes were technically
guilty of the offense of desertion. In
later years, when seeking official en-
ployment, applying for admission to
military or naval organizations, or de-
string to obtain pension, such men,
conscious of their patriotic and honor
able service, have been astonished to
find that upon the records they are
rated as deserters.
By an act of congress approved Au-
gust IA, 1888, it was provid that where
men in such situation had served faith
fully in the navy for period of at least
six months during the war of the re-
bellion and until May 1, 1865, the mark
of desertion might, in certain described
meritorious cases, be removed. The
operation Of this act was limited to five
years, doubtless because it was sup
posed at the time of its enactment that
such period would be sufficient to afford
all applicants Hereunder an oppor-
tunity to present their requests for re-
lief. 1t happened, however, that many
of the men entitled to the benefits of
this remedial provision did not ascer-
tain their true status until after the
act itself had expired by Limitation, as
they did not seek to obtain pensions
until reduced to the necessity of so do
ing through advancing years or misfor-
tune.
But whatever the cause, the records
of this department show that a, very
large number of meritor claimants
who could have obtained relief under
this act, as falling within the class for
whose benefit it was obviously intend
ed, failed to make application in season;
and the technical charge of desertion
in their cases still debars them from
rights and privileges fairly earned by
honorable service in time of war. The
inequity of these conditions is en-
phasized by the fact that an act passed
for the benefit of the army, and similar
in terms to the act of August IA, 1888,
has been made operative without linn
itation as to the time when applica-
fions Hereunder must be filed.
1t is earnestly recommended that
congress be asked to take such action
as will revive and render operative
without limitation the beneficial pro-
visions of the act of August IA, 1885,
Washington Star.
Such Is Fame.