Page images

Mfr. JOHNSON. Has there been any lim Mr. LANE, of Indiana. He was in the ser W. II. TINKER AND J. P. M'ELROY. itation in the bills we have been passing con vice of the country until he was discharged. Mr. LANE, of Indiana. I move next to fining the pensions to the widowhood of the While he was on furlongh he was in the ser take

up the bill (S. No. 76) to grant pensions pensioners ?

vice. Mr. LANE, of Indiana. There is that lim

to Walter H. Tinker and John P. McElroy, of

Mr. FESSENDEN. He might have got itation in the bills generally; but it is not appli

Missouri. drunk while on furlough. cable to this case. The case is an exceedingly

The motion was agreed to. Mr. LANE, of Indiana. That may be true. meritorious one. This lady uursed through the These facts can never be explained further than

Mr. LANE, of Indiana. The Committee on whole war without compensation, and her the report goes. I think it a clear case for a

Pensions made an adverse report in the case, health was entirely broken down. She has pension. The committee were unanimous, and

because it is covered by the provisions of the letters from General Grant, General Sherman, I believe the committee of the House have also general law. I move that the bill be indefiGeneral Meade, and all the commanding offi agreed to report a bill

in this case.

nitely postponed. cers, recommending her as a most estimable Mr. VAN WINKLE. I believe that by law

The motion was agreed to. lady of the highest character. The report of where a soldier absent on sick leave or on fur

NICHOLAS HIDNER. physicians' is that she will probably not draw lough comes to his death his widow is entitled

Mr. LANE, of Indiana. I move to take up the pension six months. to a pension. This case differs from that. It

the bill (S. No. 446) for the relief of Nicholas The bill was reported to the Senate without was not a case of sick leave or furlough, but it amendment, ordered to a third reading, read

Hibner, late a private in the sixth regiment was a mere permission for a convalescent to

Missouri State militia. the third time, and passed. leave the hospital for a few hours. He did so

The motion was agreed to; and the bill was MRS. EMERANCE GOULER.

and did not return. Some eight or ten days considered as in Committee of the Whole. Mr. LANE, of Indiana. I move that the after his body was found floating in the Dela

It is to direct the Secretary of the Interior Senate now proceed to the consideration of the ware river. The pass and other papers in his

to place the name of Nicholas Hibner, of Caldbill (S. No. 260) granting a pension to Mrs.

possession fully identified him as the man.

an. well county, Missouri, and late a private in the Emerance Gouler.

There were no signs of violence on his body, The motion was agreed to; and the bill was and it may have been a case of accidental commanded by Colonel Catherwood, upon the

sixth regiment (cavalry) Missouri State militia, read the second time and considered as in Comdrowning.

list of pensioners at the rate of eight dollars mittee of the Whole. By its provisions the Sec

Mr. FESSENDEN. Does the Senator from

per month, to commence on the passage of this retary of the Interior will be directed to place Indiana insist on pushing the bill?

act, and to continue during his natural life. the name of Mrs. Emerance Gouler, widow of

Mr. LANE, of Indiana. I think it is right. The bill was reported to the Senate without Charles Gouler, late a private in company F,

I have no interest in pushing it; I do not amendment, ordered to a third reading, read ninth New Hampshire volunteers, on the pen

know any of the parties; but it struck the com the third time, and passed. sion-roll, at the rate of eight dollars per month, mittee as being a fair case. A soldier is in the

SARAH E. PICKELL. to commence from the passage of the bill and

service of the country until he is properly disto continue during her widowhood. charged. A sick leave or a furlough never

Mr. LANE, of Indiana. I move to take up Mr. JOHNSON. I ask for the reading of

discharges the soldier from the service. This House bill No. 458, granting a pension to Sarah the report in that case. man came to his death accidentally by drown

E. Pickell. The Secretary read the following report, ing. He was a sick soldier and may have

The motion was agreed to. which was made by Mr. Lane, of Indiana, on

fallen into the water accidentally. We cannot Mr. LANE, of Indiana. That bill was rethe luth instant:

tell how that was. At all events he was a sol- || ported adversely, and I move that it be indefiThe Committee on Pensions, to whom were referred

dier in the service of his country, and we think | nitely postponed. the petition and papers of Emerance Gouler, have his widow entitled to a pension. His sickness The motion was agreed to. bad the same under consideration, and report: was in the line of his duty; he had been in the It appears from the evidence in this case that

ADJOURNMENT TO MONDAY. Charles Gouler, the husband of the petitioner, was hospital several days. The manner of his

Mr. GRIMES. I move that when the Senate a private in company F, ninth regiment New Hamp- | drowning can never be proved any more than Bhire volunteers, and was admitted to Satterlee Uniit is now.

adjourn to-day, it be to meet on Monday next. ted States general bospital, Pennsylvania, on the 28th of May, 1681, suffering from fever. That on the

The bill was reported to the Senate, ordered

Mr. MORRILL. On that motion I desire to 8th of October following he received a pass from said to be engrossed for a third reading, and was

read a communication upon which I may base bospital to leare the premises for a few hours, and

a motion. I have had addressed to me a comread the third time. that no information was afterward received concerning him until November 29, 1864, when it was

Mr. FESSENDEN. I hope the Senate will

munication from certain persons who sign them. stated by soldiers that he had been drowned. Upon

selves an executive committee of the colored not the bill.

pass an investigation by a coroner over the body of a The bill was passed.

Union League in this city. I have been very soldier found in the Delaware river at Pine street

much troubled to know what to do with it, but wbart, Philadelphia, Pennsylvania, October 14, 1864,


the Senator's motion offers me an opportunity he was identified by the pass and other papers found on the body,

Mr. LANE, of Indiana. I move now to

to read it to the Senate, and then I propose to The committee are of opinion that this is á merito

base a motion upon it. It is: rious case, and that under the circumstances the

take up the bill (S. No. 252) granting a penpetitioner should receive a pension. They therefore sion to Mrs. Sarah E. Wilson.

Whereas the 16th of April will be the anniversary

of the abolition of slavery in the District of Columbia; report a bill for her reli

The motion was agreed to ; and the bill was and whereas we colored citizens of the District are Mr. JOHNSON. How came he to be read the second time, and considered as in desirous of commemorating the great triumph of free drowned? Committee of the Whole.

and Christian principles over the wicked power of

slavery and treason: Therefore, Mr. LANE, of Indiana. He was in hospital It provides for placing the name of Mrs. Resolved. That we celebrate the said day with and received a sick leave to go out a few hours Sarah E. Wilson, widow of William H. Wil appropriate ceremonies. into the city, and never was heard of any more

Resolved. That looking to Congress as the sincero son, late acting surgeon United States volun

defenders of free and Christian principles, and as our until he was found in the Delaware river and

teers, on the pension-roll, at the rate of seven true friends and protector in the trials and dangers identified by the passes on his person. Nobody teen dollars per month, to commence from

with which we are surrounded, we respectfully ask can tell how he came into the river.

that body to participate in the celebration of the the passage of the bill and to continue during

anniversary of our emancipation. Mr. GRIMES. What was the verdict of the her widowhood.

Resolved, That a copy of these resolutions be precoroner's jury?

Mr. GRIMES. I should like to hear the sented to both branches of Congress.

We leave it to your honorable body to decide in Mr. LANĖ, of Indiana. The verdict of the report in that case.

whnt way and manner the said day shall be celebrated. coroner's jury identified the body as that of The Secretary read the report made by Mr. Very respectfully,

J. L HICKMAN, the soldier who had left the hospital, and gave KIRKWOOD on the 6th instant, as follows:

Érecutive Committee of the Colored Union League. his name. He was identified by the passes on The Committee on Pensions, to whom was referred

The 16th of April coming on Monday, I his person.

the application of Sarah E. Wilson, have had the propose to amend the motion of the Senator Sír. JOHNSON. He was not drowned same under consideration, and ask leave to submit from Iowa, so that when the Senate adjourns because he was a soldier.

the following report:

William H. Wilson, the husband of the applicant, || to-day it adjourn to meet on Tuesday next. I Mr. LANE, of Indiana. He was not drowned was sergeant of company I, eighty-second regiment submit that amendment in order to test the because he was a soldier, but he had received his New York volunteers; that he was a practicing phy sense of the Senate on the communication

sician and surgeon of good standing in his profession; furlough from his commanding officer, in hosthat at the battle of Bull Run, July 21, 1861, he was

which I have felt it my duty to read to the Senpital, to go away for a few hours on sick leave.

detailed to act in his professional capacity on the ate. I simply bring the communication to the He was clearly in the service of the country;

field: that while so acting he was taken prisoner by consideration of the Sersate in this way with a

tho cnemy; that he remained in the hands of the for we have always regarded men on furlough enemy as a prisoner until the fall of that year, when

view to taking the sense of the Senate on the as continuing in the service. These are the ho was paroled and returned to his homo; that at subject. I do not wish to press it unnecesfacts of the case. The Senate can do with the the battle of Antietam, being still unexchanged, he sarily. bill just as they choose. reported to the proper authorities at Washington in

Several SENATORS. Do not press that. his professional capacity, and was sent to the battledir. FESSENDEN. This bill ought not to field to assist in caring for the wounded; that he dis Mr. MORRILL. Very well; I withdraw be passed, I think. charged that duty faithfully and well, and while in

my amendment. the discharge thereof contracted the disease whereof Mr. LANE, of Indiana. This is a pension he died March 22, 1863.

The PRESIDENT pro tempore. The amendto the widow ; we think the man was drowned The committee report the accompanying bill and ment being withdrawn the question is on the in the line of his duty. recommend its passage.

motion of the Senator from Iowa, .that when Mr. FESSENDEN. He might have com The bill was reported to the Senate without the Senate adjourn to-day it be to meet on mitted suicide, and in that way deprived the amendment, ordered to be engrossed for a third Monday next. Government willfully cf his services. reading, read the third time, and passed.

The notion was agreed to.


ANNIVERSARY OF THE ABOLITION OF SLAVERY. Richard D. Moore entered the service of the testimony of his commanding officer ought to

United States in 1862, and that he was dis be taken. He has not only that, but he has Mr. MORRILL. I now present to the Senate the communication which I have just read, charged on the 18th of August, 1863, on the the confirmation of the other surgeon of whom and I move that it be referred to the Commit certificate of an Army surgeon, for disability. I have spoken, and the testimony of his neigh

The certificate sets forth that Moore had disease bors and friends, and lastly, there is a letter tee on the District of Columbia. The motion was agreed to.

of the lungs, and that, in the surgeon's opinion, from a gentleman who conversed with the Sishe had that disease at the time he entered ters of Mercy, in charge of the hospital, who the service. Private Moore died at the Sisters

told him that that was the disease with which Mr. SPRAGUE. Mr. President, I ask the of Mercy hospital in Chicago, December 8, Me was afflicted and of which he died. consent of the Senate, and the indulgence of 1863, leaving no wife, but one minor child. Mr. FESSENDEN. My question did not go the honorable chairman of the Committee on Virginia K. V. Moore, aged about seven years to the matter of the disease. I asked whether the District of Columbia, to elicit an answer to

and five months. By the certificate of Lieu there were precedents for granting pensions to the following question: when is it his inten tenant Allison, commanding the company of children. tion to press upon the attention of the Senate the deceased, it is shown that at the time of Mr. VAN WINKLE. Yes, sir. the bill conferring the right to vote upon the

entering the service he was in good health, Mr. LANE. of Indiana. Under the pension colored men in the District of Columbia ? I but on or about the 30th of July, 1862, he was. law, pensions are continued to minor children believe, sir, that in this question there is a taken sick, while in the line of his duty, with under sixteen years of age. solution of the problem of reconstruction, if

chronic diarrhæa, and placed in hospital, and Mr. FESSENDEN. Is that the general favorably considered by the Senate. I am in he was discharged in 1863 on account of that | law? favor of voting, with no restrictions or reser

sickness for which he went to the hospital in Mr. LANE, of Indiana. It is. vations except the qualification of honest man Chicago. By the affidavit of the attending Mr. VAN WINKLE. Where there is no hood. Educational qualifications may draw to

physician of that hospital, it appears that he widow. the support of the question the weak and the

died of chronic diarrhoea contracted while in Mr. LANE, of Indiana. There is no widow timid. I am not, I hope, of that class. the service of the United States, and that he here; the proof shows that.

While I am absorbed with the conviction had no other disease at the time of his death. Mr. FESSENDEN. Are they granted to that the bonded-warehouse system is detrimen The committee being of the opinion that he || the children of all who are killed or die of distal to the interests of the country, and while I

died from sickness contracted while in the line ease contracted in the service ? know that the delay in relieving the industry

of bis duty, recommend the passage of the bill Mr. LANE, of Indiana. Yes, sir; where of the country from the burden of taxation granting a pension to his daughter.

there is no widow, to minor children up to six. now embarrasses every trade and our many

Mr. FESSENDEN. Is there any precedent teen years of age. Then the pension stops. agricultural and manufacturing interests, I yet for such an allowance?

Mr. VAN WINKLE. The pension is divided am profoundly convinced that this subject is Mr. VAN WINKLE. I will explain the case

among them.

This man was a remarkably paramount in importance to all others. I in a moment. It comes to Congress on ac. intelligent man ; his letters show it; he was for therefore hope that the Senator from Maine count of what is undoubtedly a false or mis a time a war correspondent of the New York will without delay ask the attention of the Sen taken report made by a medical othcer of the Herald. His wife died before the war, and he ate to the House bill granting suffrage to the Army. My own impression, after a very atten seems from the time of her death to have been colored men of the District of Columbia. I tive examination of all the evidence in the case, leading a wandering life. shall be glad if he can at this time designate a is that it was a mistake on the part of that sur The bill was reported to the Senate without day when he will move the Senate to the con geon, who is since dead, calling this man's dis amendment, ordered to a third reading, read sideration of this important national question, ease consumption, or phthisis pulmonaris, as the third time, and passed, and that he and the Senate will support the he expressed it, and he said the man was so

LEWIS W. DIETRICII, House bill granting the right of suffrage to the disabled when he came into the Army. There

Mr. LANE, of Indiana. I move now to take colored citizens of the District without reserva is a mass of evidence to the contrary. His tion or restriction of any kind. commanding officer certifies that he was a well

up the bill (H. R. No. 444) granting pension

to Lewis W. Dietrich. When that question is brought before the man ; his neighbors certify that he was a well

The motion was agreed to; and the bill was Senate I shall take an opportunity to show that

There is a letter written by him while

considered as in Committee of the Whole. upon the granting of the privilege of voting to on the march to Vicksburg, which succeeded in the colored citizens in the southern States the taking of that place, enumerating the hard

It directs the Secretary of the Interior to depends the maintenance of the Union, the ships which the Army encountered in getting place the name of Lewis W. Dietrich, late a power of the country, and the permanence of there; and there were some most cruel hard

second lieutenant of company E, thirtieth regi

ment United States colored troops, on the pen. a republican form of government.

ships to which they were subjected. In that Mr. MORRILL. It will be remembered, letter he says that when he joined the Army

sion-list, and to pay him a pension at the rate perhaps, that the Committee on the District of his weight was one hundred and sixty-eight

of fifteen dollars per month. Columbia reported the bill to which allusion is pounds, which is a heavy weight, I should sup

Mr. LANE, of Indiana. Let the report in made some weeks ago, and at that time an at pose, for a man afflicted with consumption,

this case be read; I have forgotten the circum

stances. tempt was made to bring the measure before the and that it had by that time been reduced to one Senate, but there were several other measures hundred and forty-seven pounds. He acquitted

The Secretary read the report_made by the

House Committee on Invalid Pensions, by considered of such importance as to jastify, in himself most nobly at the siege of Vicksburg, the judgment of the Senate, their consideration as the testimony of his commanding officer

which it appeared that Lieutenant Dietrich, at that time, which necessarily excluded the shows; but at that time he was attacked with a

while on duty in the field in front of Petersconsideration of this bill. It has been my purdisease that is mentioned in the papers. Hecon

burg, and while in the act of cleaning his pistol,

on the 11th of October, 1864, was severely pose from that time to the present to embrace tinued there for some time, still suffering from

wounded in the hand by its accidental disthe first opportunity to present the subject anew

that disease, and was then removed to the to the Senate, and I will say to my honorable Mercy hospital, at Chicago, where he remained

charge, and that subsequently, from the nature friend from Rhode Island that at an early day until he died.' There are among the papers

of the wound, it became necessary to submit to I shall endeavor to call up the measure and

letters from himself
, written from that point, disability he was honorably discharged the

an amputation of his hand, and by reason of press it on the cousideration of the Senate. in which, although he does not speak directly

service. of his disease, he describes it, so that evidently

The committee, believing that the VIRGINIA K. V. MOORE.

wound of Lieutenant Dietrich was an incident it was not consumption, but the disease menMr. LANE, of In

of the service in which he was engaged, ana. I move now to take tioned in the report. The surgeon attending up for consideration the bill (H. R. No. 267)

regarded him as entitled to a pension. the patients in the hospital of the Sisters of granting a pension to Virginia K. V. Moore. Mercy makes a very distinct affidavit that the

The bill was reported to the Senate without The motion was agreed to; and the bill was man suffered while there, and died, finally, of

amendment, ordered to a third reading, read considered as in Committee of the Whole. that disease-chronic diarrhæa.

the third time, and passed. It directs the Secretary of the Interior to It seems, from all this testimony, that the place the name of Virginia K. V. Moore, Army surgeon, as I have already stated, must On motion of Mr. LANE, of Indiana, the daughter of Richard D. Moore, deceased, late || have been mistaken. Perhaps it resulted from bill (H. R. No. 443) granting a pension to Mrs. of company K, seventy-second regiment Illinois some confusion about the man. It is that point Elizabeth York, widow of Shubal York, late volunteers, on the list of invalid pensioners, and alone which prevented the Commissioner of surgeon in the fifty-fourth regiment Illinois pay to her, or her legally appointed guardian, Pensions from granting the pension in this infantry volunteers, was considered as in Comthe sum of eight dollars per month from De case ; and I believe there is in the papers a let mittee of the Whole. cember 3, 1863, the date of the death of Rich ter from the Commissioner of Pensions recom The bill provides for placing the name of ard D. Moore, until she shall have attained mending the case to the consideration of Con Elizabeth York, widow of Shubal York, late a the age of sixteen years. gress. They are very strict and very technical

surgeon in the fifty-fourth regiment Illinois Mr. FESSENDEN. I should like to know at the Pension Office, and we have had before volunteer infantry, on the pension-rolls, at the what the precedent is for that.

our committee numerous cases where pensions rate of twenty-five dollars per month, to comMr. LANE, of Indiana. Let the report be have been refused merely upon a technicality: mence from and after the passage of this act, read.

This is one such, or you may call it a case of and to continue during her widowhood. The Secretary read the report made by the conflict of evidence, if you please; but I think Mr. GRIMES. Let the report be read. Committee on Invalid Pensions of the House that in the absence of a certificate from the The Secretary read the report made by the of Representatives, by which it appeared that surgeon of the corps to which he belonged the il Committee on Invalid Pensions of the House



[ocr errors]


lie orer.

of Representatives, from which it appeared on a visit. I know of a case in my own State health failed until he was killed, and the simthat during Surgeon York's service, on the 28th where an officer, and a very meritorious one, ple question is, whether we shall put a stepof March, 1864, he was shot and killed at had leave of absence to go to New Orleans, and mother on the same footing that his real mother Charlestown, Coles county, Illinois, by disloyal on the way he was drowned ; the vessel was would have been put. His real mother would citizens of that vicinity, he being at the time blown up or burst her boilers or something of have been embraced, but the step-mother is not, on a journey from his home to rejoin his regi. that kind; and a pension was denied I suppose in the present law. ment, he being in no respect in fault, but his that must be the general rule, and for that rea Mr. SHERMAN. I do not want to reject death being caused by a wanton and unpro son this special bill is introduced.

one of these cases, but this is extending the voked attack upon him and other soldiers by Mr. LANE, of Indiana. Yes, sir.

principle very far, and the argument would rebel citizens in that locality.

Mr. FESSENDEN. If this is to be passed, apply just as strongly in case this woman had The bill was reported to the Senate without I suppose there will be a great many other been an aunt or even a person not connected amendment, ordered to a third reading, read cases of a similar description. I know that was by blood or marriage. We have never extended the third time, and passed.

a very severe case because the man left a family. pensions so far as this and I am disinclined to BETSEY NASH.

Mr. LANE, of Indiana. We have a bill which enter on this principle. On motion of Mr. LANE, of Indiana, the

the Senator from West Virginia will call up in Mr. FESSÊNDEN. I think the bill had bill (H. R. No. 445) for the relief of the legal | lough, so that we shall have no more special a few minutes to apply to all cases of a fur better be passed over and settled in a full Sen

ate. We can settle it better then than now, at representatives of Betsey Nash, was considered as in Committee of the Whole.

legislation on this subject, but a general law. any rate. The bill proposes to extend the provisions and all others of this description come under

Mr. FESSENDEN. Why not let this case Mr. LANE, of Indiana. I move that the

bill be laid aside for the present. It does introof the act of Congress, approved March 3, 1857, for the relief of Betsey Nash, to her that general law?

duce a new principle, no doubt. legal representatives, and the amount appropri

Mr. LANE, of Indiana. This bill has already The motion was agreed to. ated by that act is directed to be paid to them; 1 passed the House of Representatives and will

MRS. ANNA G. GASTON. but the sum paid by virtue of this act is not to

go into operation sooner. exceed the amount due Betsey Nash at the

The bill was reported to the Senate without

On motion of Mr. LANE, of Indiana, the time of her death. amendment, ordered to a third reading, read

bill (S. No. 261) for the relief of Mrs. Anna Mr. FESSENDEN. I understand that there the third time, and passed.

G. Gaston was read the second time, and con.

sidered as in Committee of the Whole. have been adverse reports in this case.


It directs the Secretary of the Interior to Mr. LANE, of Indiana. The bill comes from the House of Representatives; I do not

On motion of Mr. LANE, of Indiana, the place upon the pension-roll the name of Mrs. know that it has ever been in the Senate. Senate, as in Committee of the Whole, pro

Anna G. Gaston, of the city of Washington, Mr. FESSENDEN. I understand that it ceeded to consider the bill (H. R. No. 461)

widow of Albert G. Gaston, deceased, late & has been reported on adversely heretofore. granting a pension to Ann Sheehey.

lieutenant in the sixteenth regiment of Vir. Mr. GRISES. I do not see any reason why

By the bill the Secretary of the Interior is ginia volunteers, from the date of the discharge the pension should be extended to the legal directed to place the name of Ann Sheehey,

of her husband from the military service of the

United States on account of disability arising representatives. Jr. LANE, of Indiana. If there is any pensions, and pay or cause to be paid to her

from disease contracted in the service until the objection to the bill I am willing to let it lie the sum of eight dollars per month during her

date of his death, namely, from the 5th of May, widowhood; and the proper accounting officers

1863, to the 7th of February, 1865, and to cause Mr. FESSENDEN. I think it had better of the Treasury are directed to settle and adjust

to be paid to her a pension at the rate of seventhe accounts of John Sheehey, late a private in teen dollars per month for that term, without Jir. LANE, of Indiana. The committee

company D, twenty-eighth Massachusetts vol prejudice to the pension heretofore allowed her thought that the report made in the House of unteers, and pay to Ann Sheehey the amount

by the Commissioner of Pensions. Representatives was satisfactory. that may be found to have been due him on the

Mr. GRIMES. Let the report be read. Nr. VAN WINKLE. It does not appear 30 day of July, 1863, the date of his death.

The Secretary read the following report, that there has been any adverse report.

The Secretary read the report of the House made by Mr. Van Winkle, from the CommitCommittee on Invalid Pensions, from which it

tee on Pensions, on the 11th of April: Mr. LANE, of Indiana. I move that the bill be postponed for the present. appears that Ann Sheehey is the step-mother

The Committee on Pensions, to whom was referred The motion was agreed to. of John Sheehey, late a private of company D,

the petition of Mrs Anna G. Gaston, of the city of

Washington, District of Columbia, widow of Albert twenty-eighth Massachusetts volunteers. Ann G. Gaston, late a lieutenant in the sixteenth regimarried the father of John in 1850, at which

ment of Virginia volunteers, respectfully report:

That the petitioner has been placed upon the penMr. LANE, of Indiana. I move to take up time John was but six years of age, when she sion-roll, and has drawn and is still drawing a penthe bill (H. R. Ņo. 25) for the relief of Thomas took charge of him and discharged all the sion of seventeen dollars per month since the 7th day Hurly. duties to him of a mother. In 1857 the father

of February, in the year 1865, but that her husband

was honorably discharged on the 5th day of May, The motion was agreed to; and the bill was of John died, leaving him entirely dependent 1803, for disability arising from severe disease conconsidered as in Committee of the Whole. on his step-mother for support. On the 22d tracted in the service and in the line of duty, and the The Secretary of the Interior is directed by l of November, 1861, he enlisted in the twenty

petitioner prays that she may be allowed a pension

at the above rate from the time of her husband's disthe bill to place the name of Thomas Hurly, || eighth Massachusetts volunteers, and about charge until his death. The tenth section of the late a private of company K, eighth Tennessee this time the step-mother and all the family supplementary pension act of 1864 provides, in subcavalry, upon the pension-rolls, at the rate of became dependent on the son. On July 3,

stance, that if'any person entitled to an invalid pen

sion under the act of 1862 shall die wbile his applicatwenty dollars per month, from and after the || 1863, he was killed while in the line of duty tion for such pension is pending, leaving a widow passage of this act, and to continue during his at the battle of Gettysburg, Pennsylvania,

entitled to receive a pension by reason of his service natural life.

leaving no relative in this country.

The com

and death, the pension to such widow shall com

mence from the date at which the decedent's invalid Mr. GRIMES. Let the report be read. mittee believe that the duties performed by pension would have commenced had he survived. The Secretary read the report of the House Ann Sheehey of a mother come within the rea It appears from the testimony filed with the peti

tion that the decedent, from the time of bis dischargo Committee on Invalid Pensions, by which it son of the law granting pensions to mothers

until his death, remained at his home in this city in appeared that Thomas Hurly while in the line || dependent upon sons killed in service, and a low and almost helpless state, but that he neverof his duty was taken prisoner by the enemy therefore recommend the passage of the bill.

theless initiated measures to obtain his pension by at Bull's Gap, East Tennessee, was paroled Mr. FESSENDEN. I ask if the committee

the employment of an agent to prepare the necessary

papers and bring them to him for his signature, and and sent to Camp Chase, Ohio, from which design to extend all these cases to the step as he was growing worse from day to day, manifested place a furlough of thirty days was granted mother. Has that been usual?

great solicitude and anxiety on the subject. The him to visit his home at Binghamton, New Mr. LANE, of Indiana. It has never been

papers were not prepared by the agent, and conse

quently no application for his pension was made by York. He was very weak and feeble from | done before; it is a departure from the rule; the decedent, starration and confinement at Danville prison. but the circumstances appeared so peculiar that

The committee, believing tbat this case is clearly

within the spirit, if not the letter, of the said tenth While on the Cleveland and Erie railroad we thought it an appropriate case.

section of the act of 1864, inasmuch as the decedeut's being unable to obtain a seat he felt faint and Mr. FESSENDEN. There are a great many preparations to make his application were in progFent upon the platform of the car to get some other peculiar circumstances.

ress at the time of his death, and he unable, from the fresh air, when feeling still faint and attempt Mr. LANE, of Indiana. She took this boy rapid progress of his discase, to give the matter his ing to sit down he fell from the platform and when he was six years old and raised and respectfully recommend the passage of the accoinpawas run over by the cars, in consequence of ported him until he got large enough to go into

nying bill. which accident his legs were amputated, March the Army. He went into the Army and was Mr. FESSENDEN. I think the Senator 7, 1865, and he was mustered out of service killed. Before his entering the Army her health from Indiana had better consent to lay that bill July 17, 1865. The committee deem his case failed entirely, and he supported her up to the | aside. It also establishes a new rule entirely. an eminently just one, and report a bill for his time he entered the service, He was killed in Mr. VAN WINKLE. During my connecrelief.

the service; and although she is a step-mother tion with the Pension Committee there have Mr. FESSENDEN. I shall not make any I do not see why the law should not be made | certainly been all the time cases where a party opposition to the bill; I do not wish to do so; to apply to her. She performed all the duties has been deprived of a pension simply by some but I have always understood that the rule was of a mother for some fifteen years in raising technicality, or because as in this case for some imperative not to grant pensions to soldiers or him. The papers show him to have been a reason he was not just in time. This man was officers who met with an accident while away ll good young man; he supported her when her in the service and contracted a disease from



lying on the ground and exposure, and lay an presented, then I should have nothing to say I never knew any such bill as this to pass, and invalid on his bed. During the interval that in favor of the claim.

I think I could with safety appeal to the Presielapsed from his being honorably discharged Mr. GRIMES. I am not speaking now in dent of the body, who was chairman of that from the service as disabled and the time of his regard to this case particularly ; but if we are committee, to say that no such bill ever did death, he was very sick indeed, scarcely able to to be governed by those humane motives to pass founded on such a principle. help himself. During that time, however, he which ihe Senator from West Virginia alludes,

Mr. VAN WINKLE. I mean to say that endeavored to have an application made to the I want to have the principle apply to other they propose bills where the party does not Pension Office. He employed an agent to pre cases as well as this particular one, and I want bring himself quite within the law, so that the pare his papers, but that agent it seems moved the Senator, as a member of the Committee on Commissioner can grant a pension. away, or for some reason could not be found. Pensions, to allow other soldiers or the widows Mr. GRIMES. Of course I agree with the He was greatly solicitous about it, and sent his of other soldiers to recover their pensions be Senator from West Virginia that if we adhered wife and others to find the agent. They could tween the time that they may claim that they | strictly to the law there would be no necessity not learn where he went except that he had attempted to secure their pensions and the time for the Committee on Pensions; but then there gone to the State of Connecticut, they did not they actually did secure them. We give to this are certain rules by which that committee has know to what particular place. The party was woman three or four hundred dollars, as I been governed, and one of those rules is that doing all he could to have his application understand it, by this bill; that is a mere baga- || pensions shall not be allowed between the time entered at the Pension Office, and perhaps if telle; but we settle a principle that we must be when the party makes application for a pension he had lived three days longer the application governed by in the future, contrary to the pre and the time when it shall be granted. might have been filed there, and then the widow cedent that has hitherto existed and by which Mr. VAN WINKLE. This bill is founded would have been entitled to the pension for the we have been governed before. I do not under on a law precisely contrary to what the Senator whole time. The case is very clear. The stand that the Senator from West Virginia con now states. The law provides that if the appliCommissioner of Pensions has allowed the troverts that fact; but simply upon the ground cation is made at a certain time, the pension widow a pension dating from his death, and that this deceased soldier made an attempt to shall relate back to the time of the disability, the law as quoted in the report is express that secure his pension but was unsuccessful, we

This bill is to give the benefit of that provision where the application is pending at the time are to make the allowance. Is the Senator to this widow, of the death the pension relates back to the prepared to say that whenever a case shall be

Mr. GRIMES. I am quite well satisfied time of the disability. If, as we consider, this presented here where the widow claims that that this bill establishes too important a prinis a debt which we owe to these soldiers, we her deceased husband has attempted to secure ciple for us to pass it now in so thin a Senate, ought not to take advantage of what could not a pension and has failed in being able to do it, a principle that, as I understand it, will involve have been their negligence under the circum she shall be allowed, as in this instance? Here the taking of millions of dollars out of the stances.

is a man from my State; he applies; he has | Treasury. I desire that the bill be laid over Mr. FESSENDEN. How much time does not got the requisite testimony; he has just as until we can examine it more fully. it cover? meritorious a case as this; a man who has suf

Mr. LANE, of Indiana. You will bear me Mr. GRIMES. I understand the Senator fered and bled in the service; he employs an

witness, Mr. President, that the rule of the to lay down the rule that this is justice to all. agent; the agent is not competent to transact Pension Committee, and in both Houses of Then why not change your law and make it so? the business; he sends on his papers, and the

Congress, has been variable. Sometimes the Why say that this particular woman shall be papers are found to be defective; whose fault pension under special law is made to revert entitled to a pension for these two years that is it? Does not that present just as much merit back to the time of disability, and sometimes elapsed before the application was actually as this case? While they are making that only to the passage of the act. We have, dur. perfected, when you do not make the same effort to secure a pension, but are refused, the ing this session, in our committees, resolved allowance to soldiers who happen to be remote man dies. If we settle this rule for this case to make the pensions always commence from from this place, and who have greater disadvan. | in the way that it is proposed by the Commit the passage of the act, and not go back. But tages in securing pensions than these people? tee on Pensions to settle it, would not that per under the present law, where a pension is

Mr. VAN WINKLE. The Senator does son from my State be entitled to a pension applied for in the Pension Office, and it is not understand the case. This widow applied | between the time that the man made the abor? | granted, it relates back to the filing of the for a pension and received it from the date of tive attempt to secure the pension and the time application. This is a very peculiar case. The her husband's death. If he had made the || his widow actually did secure it? Certainly, man was sick, unable to attend to his business, application during his lifetime, the law would | according to the principle contended for here. | utterly prostrate, dying; and in that condition have made her pension commence from the Mr. VAN WINKLE. The cases are not

he sent his wife to employ an agent to file his date of his disability. If the agent had done similar. In this case a particular application is

claim for a pension." He had his neighbors his duty he might have filed the papers in ten made for which the proofs must be perfected

running to try to get up his papers, he lying days. They are perfectly clear, so that the or no pension will be allowed. The widow prostrate, sick all the time, worrying about pension was at once granted by the Commis- | subsequently makes application, the proofs are his papers; and before he could get the papers sioner upon them. The proof of marriage perfected, and the pension allowed, showing presented by the agent, he died. and everything else is complete. that this man most certainly would have got

The Commissioner of Pensions, in a letter Mr. GRIMES. I have no doubt there are his pension if his application had been made

to the committee, recommends this as an espeten thousand cases, and more too, in the Uni and he had survived until it was disposed of at

cially meritorious case, coming within the spirit ted States, where there is more or less time, the Pension Office. The Senator is also mis

but not the letter of the law. He was unable one year or two or three years, between the taken in supposing that I put this upon humane

to make his application from disease and sickperiod when the person who rendered the ser grounds. There are such cases that come

The case the gentleman from Iowa puts vice dies and the time when the widow or sur before us occasionally, and I am happy to know

might be a little different; the neglect might viving heirs make their application. As I that they have been responded to when they

have been voluntary; there might have been understand it, we settle, in this instance, if we come distinctly on that ground. But I men

no good reason for it; but I am free to say pass this bill, a rule by which we are to be tioned the sickness of the man as showing his

that when the delay is explained satisfactorily governed in the future, that in such cases as inability to do more than he did do; that while to my mind, as the delay in this case, I shall, that we shall pay pension between the time at he was taking steps to have his application

without the slightest hesitation, vote for the which the parties might have applied and the made, and was prevented giving it his personal | pension. time at which they did actually apply and || supervision, he died, and simply because he

Mr. FESSENDEN. I think the Senator secure the pension. died a few days sooner his widow is to lose

had better let this go over if he has other bills, Mr. VAN WINKLE. There is a law that the compensation that the law intended for

because the Senate is


thin in certain cases an application must be made her, as I think. If every case was to be decided, Mr. LANE, of Indiana. I move that this within three years, or otherwise the pension when it comes here, strictly according to law,

bill be laid aside for the present. commences only from the time the proof is there would be nothing that I know of for the

The motion was agreed to. completed. That is intended, of course, as

Pension Committee to do. All, or pretty much MARINE HOSPITALS AND REVENUE CUTTERS. a safeguard to induce people to come forward | all, the cases that come before us are excep. Mr. CHANDLER. I submit the following at the proper time. But here the party endeav tional cases, and we have to examine the testi

report from a committee of conference, and ored to make his application. He was a poor mony, and generally speaking, where we believe ask that it may be acted upon now: sick man, lying on his bed, utterly helpless. there has been no laches, no neglect, no mis. The committee of conference on the disagreeing He brought his

case so near completion that a conduct, nothing wrong on the part of the votes of the two Houses on the amendments to the day or two might have completed it, or it might || applicant, but there is only a technical diffi

bill (H. R. No. 184) to authorize the sale of marine have been done if this agent had returned to

hospitals and of revenue cutters having met, after culty or something of this kind, where the time full and free conference have agreed to recommend, the city before his death. If, as I said before, has expired a little too soon, the committee and do recommend, to their respective Houses as we consider that this is at all a debt which we have been in the habit of reporting and both


That the Senate recede from their first, second, and owe to these men--and I considerit so to what Houses of passing such bills. I think this third amendments. ever extent the law gives it to them-I do not addresses itself not to the humanity, but to the That the House of Representatives recede from think we ought to take advantage of a little sense of justice of the Senate.

their disagreement to the fourth amendment to the lapse of time in this way, when the party him

Mr. GRIMES. I think the Senator is mis

Senate and agree to the same with an amendment,

as follows: self was not and could not have been in fault. taken in saying that the Senate has been in Strike out all after the word "provided,” in line If it had been a case of voluntary delay; if he the habit of passing such bills. I served for

twelve of said bill, down to the word "where," in

line seventeen, and insert the following: had made no effort to have his application some years on the Committe on Pensions, and "That the hospitals at Cleveland, Ohio, and Port




land, Maine, shall not be sold or leased, nor shall | pension which has been, or may hereafter be child or children, or is an unsuitable person by any hospital be sold or leased." 2. CHANDLER,

granted, shall be void and of no effect; and reason of immoral conduct to have the custody JOHN SHERMAN, any person acting as attorney to receive and of the same, then no pension shall be allowed Managers on the part of the Senate. receipt for money for and in behalf of any per to such widow until the minor child or children


son entitled to a pension shall, before receive || shall have become sixteen years of age, any J. M. HUMPHREY, ing the money, take and subscribe an oath, to previous enactment to the contrary notwith

Managers on the part of the House. be filed with the pension agent, and by him to standing; and the minor child or children shall The report was concurred in.

be transmitted, with the vouchers now required be pensioned in the same manner as if no OBITUARY ADDRESSES ON SENATOR FOOT.

by law, to the proper accounting officer of the widow had survived the officer, soldier, or sea

Treasury, that he has no interest in the money man, and such pension may be paid to the Mr. POLAND submitted the following reso by any pledge, mortgage, sale, assignment, or regularly authorized guardian of such minor lution; which was referred to the Committee transfer, and that he does not know or believe or minors. on Printing : that the same has been so disposed of to any

The Committee on Pensions reported the bill Resolped, That there be published, in pamphlet person; and any person who shall falsely take with various amendments. The first amendform, for the use of the Senate, six thousand copies of the addresses made by members of the Senate and

this oath shall be guilty of perjury, and on con ment of the committee was in section one, line members of the House of Representatives upon the viction, shall be liable to the pains and penal- || twelve, after the word “persons,' to strike out beznion of the announcement of the death of Hon. ties of perjury.

the word “now;'' and in line twelve, after the Solomon Foot, and that Rev. Dr. Sunderland be re The third section provides that any person word “who,' to insert " while in the military quested to furnish a copy of the

sermon delivered by him at the funeral of Senator Foot, to be published

who shall present or cause to be presented at or naval service and in the line of duty.”' with said addresses.

any pension agency any power of attorney or Mr. VAN WINKLE, The word "now" is

other paper required as a voucher in drawing | proposed to be stricken out as superfluous; at Mr. POLAND. I offer the following reso

a pension, which paper shall bear a date sub any rate, if laws are hereafter passed including lution, and ask for its present consideration:

sequently to that on which it was actually || another class of persons in the pension laws, Resolved. That the Secretary of the Interior be

signed or executed, shall be deemed guilty of we should have to reenact all these provisions requested to inform the Senate whether he has any high misdemeanor, and shall, on conviction with reference to them. The amendment in information that the rinderpest or cattle plague, thereof, be punished by a fine not exceeding | line twelve, to insert the words " while in the which bas been so destructive on the eastern contineat, bas appeared in any part of the United States,

$500, or by imprisonment for a term not ex military or naval service, and in the line of and whether in his judgment any further measures ceeding three years, or by both, at the discre- || duty,'' is a mere transposition of words, which can be adopted to prevent the introduction or spread tion of the court before whom the conviction depends upon the next amendment in the fifof such disease in this country, and if he has information what remedies and wbat course of treatment shall be had.

teenth and sixteenth lines, striking out the same are advisable.

The fourth section repeals section one of an words. It may be passed by, therefore, until There being no objection, the Senate pro

act entitled "An act supplementary to the sev. the next amendment is considered. ceeded to consider the resolution.

eralacts relating to pensions,'' approved March I will state to the Senate that the sections Mr. GRIMES. It seems to me that should || 3, 1865.

of acts proposed to be repealed are those which be addressed to the chief of the Bureau of

The fifth section provides that if any person grant to a man who has lost both feet a pension Agriculture.

entitled to an invalid pension has died since of twenty dollars a month; where he has lost Mr. POLAND. I understand that the Bu March 4, 1861, or shall hereafter die while an both hands or both eyes, twenty-five dollars a reau of Agriculture is a part of the Department application for such pension is pending, and month; and where he has lost one hand and of the Interior.

after the proof has been completed, leaving no one foot, twenty dollars a month. The proMr. GRIMES. No, sir; it is a perfectly widow and no minor child under sixteen years visions in relation to those disabilities are inindependent Department.

of age, his heirs or legal representatives shall corporated in this bill in perhaps a better form. Nr. POLAND. The resolution in the first

be entitled to receive the accrued pension to The committee of the Senate has gone further, place was directed to that Department; but I which the applicant would have been entitled and placed in the same classes other disabilisupposed it was more appropriate to have it

had the certificate been issued before his death. ties which are equal to the disabilities named. directed to the Department of the Interior. I

The sixth section provides that in all cases I ask the Secretary to read the next amendwill modify the resolution so as to direct it to

when a commission shall have been regularly ment with reference to the words that are the Commissioner of the Department of Agri

issued to any person in the military or naval || transposed. culture.

service who shall have died or been disabled The Secretary read the amendment, in secThe PRESIDENT pro tempore. The reso

while in the line of duty, after the date of the tion onc, line fifteen, to strike out the words lution will be so modified, if there be no objec

commission, and before being mustered, such " in the military or naval service, and in the tion.

officer or other person entitled to a pension for line of duty,': and to insert " or otherwise so Mr. POLAND. I understand that some in such death or disability by existing laws shall permanently and totally disabled as to render formation on this subject is in the possession receive a pension corresponding to his rank, as them utterly helpless, or so nearly so as to of the Department which ought to go before

determined by such commission, the same as require the constant personal aid and attendthe country:

if he had been mustered ; but this section is ance of another." The resolution, as modified, was adopted.

not to apply to any officer who shall have will Mr. VAN WINKLE. Various petitions have fully neglected or refused to be so mustered. been presented to Congress asking that partic

According to the seventh section, officers ular provision might be made for those who The joint resolution from the House of Rep- || absent on sick leave, and enlisted men absent lost one hand or one arm. This brought the resentatives (H. R. No. 46) for the relief of on sick furlough, are to be regarded in the ad subject to the consideration of the committee, Martha McCook, was read twice by its title, and ministration of the pension laws in the same and they came to the conclusion that there referred to the Committee on Pensions.

manner as if they were in the field or hospital. were disabilities which were equal to even the AMENDMENT OF PENSION LAWS.

The eighth section provides that the period severest of those now mentioned in the present On motion of Mr. VAN WINKLE, the Sen

of service of all persons entitled to the benefits law as it now stands, which ought to be inate, as in Committee of the Whole, proceeded

of the pension laws, or on account of whose cluded. For instance, a case was related to to consider the bill (II. R. No. 363) supple- || sion, shall be construed to extend to the time

death any person may become entitled to a pen us by a member of the commitee who sits on mentary to the several acts relating to pensions.

the opposite side of the Chamber of a soldier The first section of this bill proposed to re

of disbanding the organization to which such now in hospital at Louisville. He was shot peal section five of an act entitled "An act suppersons belonged, or until their actual dis

through the throat, or somewhere in that region, charge for other cause than the expiration of and is unable to swallow anything but liquids, plementary to an act entitled 'An act to grant the service of such organization.

and is also unable to feed himself. We thought pensions,' approved July 14, 1862," approved

The ninth section declares that enlisted that was a case, as presented to us, certainly July 4, 1864, and section three of an act entitled -- An act supplementary to the several acts

men employed as teamsters, wagoners, artifi: equal to the loss of both hands or both legs. relating to pensions," approved March 3, 1865,

cers, hospital stewards, farriers, saddlers, and The provisions of this section, including the

all other enlisted men, however employed in amendments of the Senate committee, are and to substitute the following in lieu thereof:

the service of the Army or Navy, not specific offered in lieu of propositions that have been That from and after the passage of this act all per2009 now by law entitled to a less pension than here

ally mentioned in the first section of an act made to increase the rate of pensions generinafter specified. who shall have lost the sight of both entitled “An act to grant pensions," approved || ally. The committees of both Houses, and I eses, or who shall have lost both hands, or been per July 14, 1862, shall be regarded, in the admin believe with the approbation of the Cominismanently and totally disabled in the same, in the mitary or paval servico and in the line of duty, shall

istration of the pension laws, as non-commis. sioner of Pensions and the Secretary of the be entitled to a pension of twenty-five dollars per sioned officers or privates.

Interior, have thought that this was the best month; and all persons who, under like circum The tenth section provides that if any officer, way to do justice to all. I ask the attention of stabees, shall have lost both feet, or one hand and ole foot, or been totally and permanently disabled

soldier, or seaman shall have died of wounds the Senate to this subject. They will perceive in the same, shall be entitled to a pension of twenty received or of disease contracted in the line of that we come to a second class of disabilities dllars per month; and all persons who, under like duty in the military or naval service of the Uni who receive a lower rate of pension, and that circumstances, shall have lost one hand or one foot, or been totally and permanently disabled in the same,

ted States, leaving a widow and a child or chil. there are included in that class those whose eball be entiiled to a pension of fifteen dollars per

dren under the age of sixteen years, and it shall disability goes to a certain extent; and so of month.

be duly certified under seal, by any court har a third class. By our rules I presume we are The second section of the bill declares that | ing probate jurisdiction, that satisfactory evi- || required to take up each amendment as it any pledge, mortgage, sale, assignment, or dence has been produced before such court stands. I propose, therefore, to take the vote iransfer of any right, claim, or interest in any

that the widow has abandoned the care of such on the amendment just read, which, as the 33TH Cong. Ist Sess. —No. 122.


« PreviousContinue »