The National tribune., 1904-07-21

Address MILO B. STE
800 18th
States, in which case the time of his alb
sence shall be excluded in completing the
period of limitation: Provided. That said
limitation shall not begin until the end of
the term for which said person was mus
tered into the service"
Under the above enactment it is the
practice Of the War Department to issue
to the soldier, upon q proper application
being filed. what is termed "deserter's
release" This release is not regarded as
a discharge, but simply protects the SOL
der from arrest for desertion.
DRAFTED MEN AND SUBSTITUTES.
In the administration of the act of
1889, as above, for the removal of charges
of desertion drafted men and substitutes
are regarded as equally within the law as
though they had volunteered or entered
the regular service.
CIVILIAN EMPLOYEES.
or COmmissary Departments, who volun-
tarily quits the service, is in no sense a
''deserter," nor subject to any of the pen
altIes attaching to desertion.
DIsLoYALTY.
DIsLoYAL PENSIONERS.
The act Of February 4, 1862, provided
as follows:
That the Secretary of the Interior be,
and he is hereby, authorized and directed
to strike from the pension rolls the
names OF all such persons as have or may
hereafter take up arms against the Gov
ernment of the United States, or who
have LII any manner encouraged the rebels
or manifested a sympathy with their
cause"
Certain pensioners dropped under this
law can be restored under the act OF
sions.'0
DISLoYAL CLAIMANTS.
The act of July ii, 1867, provides as
follows:
That no moneys shall be paid to the
widow, or children, or any heirs OF any
deceased solder on account of bounty
back pay, OF pension, who have in any
way been engaged in or who have aided OF
abetted the existing rebellion in the
United States; but the right of such dis
loyal widow, or children, heir or heirs OF
such soldier, shall be vested in the loya
heir or heirs Of the deceased, if any there
be-
The joint resolution Of March 2. 1867
provides as follows:
That until otherwise ordered it shall
be unlawful for any officer of tile United
States Government to pay any account,
claim, or demand against said Govern
ment, which accrued or existed prior to
the 18th day of April, A. d., 1861, in
favor of any person who promoted, encour-
aged, or in any manner sustained the late
rebellion; or i'll favor of any person who
during said rebellion was not known to
be opposed thereto, and distinctly in ia
yor OF its suppression; and no pardon
heretofore granted, or hereafter to be
granted, shall authorize the payment of
such account, claim, or demand, until this
resolution is modified or repealed: Pro
vided, That this resolution shall not be
construed to prohibit the payment of
claims founded upon contracts made by
any of the Departments, where such
claims were assigned or contracted to be
assigned prior to April /, 1861, to cred
itors of said contractors, loyal citizens Of
loyal States, in payment of debts in
Cured prior to March ], 1861
The act of March ), 1878. as embodied
in section 4716, Revised Statutes, pro-
vides as follows:
Sec. 4116. No money on account of
pension shall be paid to any person, or
to the widow, children, or heirs of any de-
ceased person, who in any manner volun-
tarily engaged in, or aided or abetted, the
late rebellion against the authority of the
United States"
The act Of April IS, 1900, provides:
THAT Section 4716 of the Revised Stat
utes be, and the same is hereby, repealed
SO far as the same may be applicable TO
the claims to pension of dependent pa
rents of soldiers, sailors, and marines who
served in the army or navy of the United
States during the war with SPAIN
This removes the bar TO eX-Confeder'
ates, and the wives or widows of such
obtaining pension on account of sons dy
ing from disability incurred in service IL
the Spanish war.
EX-CoNFEDERATES ENLISTED IN U. s.
SERVICE.
The act of March 3, 1877. as amended
by the act of August /, 1892, provides a.
follows:
THAT the law prohibiting the payment
of any money on account OF pensions tt
any person, or to the widow, children. oil
heirs of any deceased person. who, in any
manner, engaged in or aided or allotted the
late rebellion against the authority of the
United States, shall not be construed tt
apply to such persons as afterward volun
tarily enlisted in either the navy or army
of the United States, and who, while II
such service, incurred disability from 9
wound or injury received or disease con
tracted in the line of duty" As to pen
sion title under act of June y. 1880, see
Joint resolution Of July l, 1907
PRISONERS ENLISTED IN CONFEDERATE
SERVICE.
Union prisoners-of-w war who enlisted into
the Confederate service. even for the pur
pose of escaping to the Union lines, are in
general regarded as having voluntaril,
aided and abetted the rebellion, and as moi
entitled to pension under any law. Though
the soldier subsequently rejoined his com
mand and was honorably discharged, it il
as rule practically impossible, as the
holdings now are, to furnish such evidence
as would be regarded as sufficient to rebu
and overcome the presumption of disloy
atty attaching to the enlistment into the