The National tribune., 1901-11-28
PENSION DECISIONS.
Important Opinions Handed Down
by Assistant Secretary OF Inte-
ri0r.
rii0r

DisIoya1ty-Duress- 4716
r. SIN the pension claim under tn.
act of June u, 1870, of John w. Paype
| the ciitimant lived in Arkansas at the out
break sf the war of the rebellion, was o.
! Onion sentiments, and until early in 1S6;
avoided entering the Confederate servic,
! 10y hiding in the mountains. 1t then be
came so warm for Union mea that claim
ant and others concluded to and did en-
4 roll in a company being formed for the
| Confederate service, with the intention oi
! deserving and joining the Union army al
the first opportunity. This intention was
daily executed, and claimant subsequently
enlisted in an Arkansas Union regiment
and was honOfably discharged therefroIn
Ills claim under the act of 1890 was re
jected on the ground of voluntary serv
ice in Confederate States army, shown by
special examination" On appeal the De
partment decision (Ass't Secretary Camp
bell Sept. u, 190D is:
In some respects the case under con-
sideration is peculiar. In the first place
there is no record in the War Department
Of claimants service in the Confederate
army. The presumption as to voluntary
service arises solely from his own state
ments and that of the witnesses found on
special examination. Founded thus upon
statements, the whole of said statements
must be considered under the rules of the
law OF evidence. While it is true that all
the statements agree as to the service in
Capt Loves company, there is no evil
dence at all that this company ever be
came a part OF any regiment of the Con
federate army except the following entry
from the records of the War Department.
THE name of John w Payne has
not been found on the roll of Capt. james
II. Loves company 90, 7th Ark. Cav,
Confederate States army, for Noysnber
and December, 1868 (only roll of company
on file}. Roll shows that the company
was recruited in Seayey County, Ark,
between December, 1862, and August,
1863
The undisputed evidence is that the
claimant was with Loves company not
to exceed six weeks, and that he was en-
listed in the Union army before Loves
company was recruited. as shown by the
records
''The second peculiar feature of this
case is that the first conscript act of the
Confederacy was passed in April, 1862,
and that the claimant was subject to con
scTiption at the time he enlisted in Love S
company. His statement, and that of his
comrades and associates, that he enlisted
as a result of coercion, has much moving
force. Then, again, take their statements
as to his loyalty in connection with the
fact that he was with the company only
n short time until he deserted and at once
entered the Union service, we have signif-
cant facts upon which to found the pre-
sumption that whatever service he had
with Capt. Love was unwilling.
The evidence shows that at the time
claimant enlisted in. Loves company the
nearest Federal troops were 40 miles dis
taut. and that the territory intervening
was under Confederate control.
Section 4716 OF the ReTised Statutes
ig as follows.
:" Ne money on account of pension shall
be paid to any person, or the widow, chill
dren, or heirs of any deceased person,
who in any manner voluntarily engaged
in or aided or abetted the late rebellion
against the authority Of the United
States l
'eIn this case there is nothing in the
evidence to show that the soldier ever
was in actual military service of the Con-
federate army. His statement and that
of his witnesses is to the effect that he
went with Capt Love, but the evidence
and record show that he deserted there
from before the company reached its regi-
ment.
''The evidence is undisputed that the
soldier was q Union man in seestiment;
that he had been reared in loyal at
mosphere; that for many months he hid
in the woods to avoid disloyal service,
and, finally, when he did join company.
he left it very soon and Immediately joined
the Union forces.
These circumstances are sufficient to
rebut the presumption that his enlistment
in Capt. Loves company was voluntary.
The other facts in the case, as shown by
undisputed evidence, bolster and support
this presumption TO the extent of remov-
ing any doubt as TO the soldiers loyalty
to the Union forces during the war of the
rebellion.
"The action of The Bureau in rejecting