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very recently before the war, marriages were time of the enlistment, will draw the pension. | separated from their wives for more than two authorized under certain circumstances between I speak of it in reference to the regiments I || years-had, in fact, been driven away from colored persons. I think that throughout all || organized, and it holds good of the regiments | their homes. the rest of the southern States a ceremony of | organized in the District of Columbia and in M. LANE, of Indiana. That does not affect marriage between colored persons was never the free States, everywhere; the soldiers, the the question of cohabitation, unless they have legalized, although in most cases a ceremony
fled from their families and enlisted, leav: || adopted another wife since. Temporary abof some kind was performed. Generally a ing their families in servitude. I move to amend sence, for any time, however long, would not colored man read the service of some of the the amendment by striking out the words “next affect the question of cohabitation, it seems to churches, and the parties stood up and assented || preceding the enlistment of the man;" so as me, but the wife would still be the wife. Even to it as formally, perhaps, as they would have to read:
if the husband were away for five years, proof done if the person had been a legal officer. That the parties had habitually recognized each of cohabitation having been made, that relaMy own impression is that this proviso should other as man and wifo, and lived together as such for tion would be presumed to continue, unless remain as I have modified it. a definite period, not less than two years.
there was a divorce. Mr. GRIMES. I am not going to propose
Mr. JOHNSON. In many of these cases in Mr. GUTHRIE. AsIunderstand this amendany amendment; I wanted merely to call the || point, they not being conscious of any impro- ment it does not say which wife is to have the attention of the committee and of the Senate || priety or immorality in it, they had a good pension. Now, as a matter of fact, we who live to the points that occurred to me, and another many wives, and if the proof of marriage is in communities where there are many negroes one I will suggest. The amendment proposed made to depend upon the fact of cohabitation, know that very often they have two or three by the Committee on Pensions provides that if they should die there might be half a dozen wives, and we also know that a great many of the widow or heirs of a colored soldier who wives claiming pensions. It is more especially || them having wives have left home and taken had cohabited with his wife two years preced- true of those who were driven away from their | other wives afterwards. There is nothing in ing the enlistment shall be entitled to a pension. | homes, some of them one, two, or three years this amendment to designate, in such cases, We all know that these colored people were before the rebellion. I venture to say that in which wife shall have the pension. not enlisted until the lapse of two years after all such cases (if they contracted marriage in Mr. GRIMES. It seems to me that it will the commencement of the rebellion, and in that form) they contracted matrimony where || be well to put in some definite time, say the many instances not till after the lapse of three they went, and if the last marriage contracted || 4th of July, 1861, at the place where the Senyears. During those three years they had left in that way is to exclude the former great in- ator from Kansas proposes to strike out these their former masters, and had left their wives | justice might be done to the former wife. In words. The chairman of the Committee on with them in many instances, had come North some of the States they were permitted to Pensions says that in that case a great deal of or had come to the District of Columbia, run- marry, and I dare say in very many instances || trouble might be occasioned, because a good ning away and leaving behind them their fami- the wives that they left were wives that became many soldiers have married wives since then: lies, not cohabiting with their wives. Under such by a legal contract of marriage; that That may be true; but in all such cases there the law as it is proposed to be enacted, would | is, a contract made in pursuance of law. The can be record evidence of the marriage pronot the wives of those persons be excluded Supreme Court have decided that it is not duced. We are only intending, now, to cover from deriving a pension, and is it the design | necessary that there should be any ecclesias- the cases of parties who were not authorized of the committee to thus exclude them? tical ceremony about it; that all that is needed to be married and could not be married under
Mr. VAN WINKLE. I did not, when I is an agreement to marry followed by cohab- the laws of the States where they lived prior to replied to the gentleman before, advert to the itation. That is marriage. But that would the rebellion. If we provide here that proof fact that striking this proviso from my amend- not be the case where the laws prohibited their of cohabitation for two years prior to the 4th ment would in fact strike it out from the old marriage, as was the case in some of the l of July, 1861, shall be required, then it seems law. I began by remarking that if this was States.
to me we obviate the objection made by the stricken out the other should be stricken out. Mr. LANE, of Kansas. Could we not reach Senator from Maryland and the Senator from I have no objection to striking out the proviso || the object by fixing some date, say the 4th of Kentucky as to which wife we pay, if there he entirely.
July, 1861, and require proof of cohabitation more than one, and we avoid all the troubles Mr. GRIMES. I am not proposing any for two years previous to that? I am indebted which are involved in that suggestion. amendment; I am not familiar enough with to the Senator from Iowa for this suggestion. Mr. VAN WINKLE. Of course it will be the subject to undertake to do that. I am only | I think the pension should go to the wife who seen by every Senator that the subject itself is calling the attention of the Senator and his was such at the time the rebellion commenced. one of difficulty, and what seems to be necesassociates to these points, so that they may be Mr. POMEROY. I submit that the widows sary in the case is to establish some reasonable guarded against.
of those who have taken wives since the rebel- rule by which the Commissioner of Pensions Vr. VAN WINKLE. I will make no objec- || lion commenced have just as good claims as may be directed. It strikes me that the seetion to striking out that proviso. I will accept the widows of those who had wives before. lotion which I propose by way of amendment, it as an amendment to my amendment, if I am Mr. LANE, of Indiana. This matter was and the language of the amendment as I have at liberty to do so.
up at the last session of Congress, and was modified it, provides as good a rule as can be The PRESIDENT pro tempore. The Sen- | finally arranged by a committee of conference. established. "If you say “ previous to the rebelator can modify his amendment.
I believe there were three committees of con- lion," or previous to any date in the past, you Mr. VAN WINKLE. I strike out the ference before an agreement was arrived at, leave the interval between that date and the proviso.
and the words now in the statute were proposed enlistment of the soldier when he may have Mr. JOHNSON. How does it read as by Senator Foot, of Vermont, after the most gone off, and almost criminally abandoned, so modified?
careful consideration, as furnishing the best far as humanity is concerned, his wife and The Secretary read it, as follows:
rule which we could possibly agree upon, and children. I do not know that any cases of SEC. --. And be it further enacted, That the four- that was two years' cohabitation preceding the difficulty have arisen under this particular part teenth section of an act entitled "An act supplement
enlistment. I believe that rule embraces more of the existing law, as yet, but it there have, ary to an act entitled 'An act to grant pensions,' approved July 14, 1862," approved July 4, 1861, be,
meritorious cases than any other, and I think or if any such shall hereafter arise, and the rule and the same is hereby. repealed, and that the widows
it is the safest rule. If we say that proof shall works hard in any particular case, it will be and chillren of colored soldiers and sailors who have be required of two years' cohabitation before competent for Congress to give special relief. been or may be hereafter killed, or who have died or the rebellion commenced it will not provide may hcreatior die of wounds received in battle, or of
If those cases seem to be numerous, or suffidisease contracted in the military or naval service for many cases where colored soldiers, who || ciently numerous to justify it, no doubt then of the United States, and in the line of duty, shall be had no wives before the rebellion, married after some amendment will be introduced into the entitled to receive the pensions provided by law, without other evidence of marriage than proof, satis
the commencement of the rebellion. I think | pension laws, on the strength of the experifactory to the Commissioner of Pensions, that the
the words used by Senator Foot were best, ence thus gained, which will meet the cases. parties had habitually recognized cach other as man and they are the words of this amendment. The best reflection I am able to give the suband wife, and lived together as such for a definite Mr. JOHNSON. What is to become of the period, not less than two years next preceding the
ject is that the rule as it stands in the amendenlistmeut of the man; and the children born of any
wives of those who married after enlistment? ment I offer is the most reasonable we can marriage so proved shall be deemed and taken to be Mr. LANE, of Indiana. They are not pro adopt under the peculiar circumstances prethe children of the soldier or sailor party thereto. vided for here.
sented to us. Mr. LANE, of Kansas. I desire the atten- Mr. JOHNSON. Ought they not to be? Mr. DAVIS. I would suggest to the honor. tion of the chairman of the committee. That Mr. LANE, of Indiana. They are provided || able gentleman from West Virginia that probwill really not accomplish his object at all. It | for, I suppose, under the general provision | ably this language would answer: "that the is “ two years next preceding the enlistment.”' relative to those residing in States where mar- first living wife should have the benefit of the I am sure that a large proportion of the inen riages were legalized. If the man is living he of the colored regiments that I organized had gets the pension himself; but if he is dead, Mr. VAN WINKLE. I think it would been separated from their wives for two years his minor children and widow get the pension, || hardly be safe to admit the fact that there is before the enlistment. They had fled from upon proof of marriage, where they lived in a more than one wife in these cases. Missouri and Arkansas into Kansas, and there State in which marriage among colored people Mr. DAVIS. We know there are with ne. enlisted, leaving their wives in Missouri and was legalized.
groes. They sometimes have three or four at Arkansas. Now, I suggest that in the phrase Mr. LANE, of Kansas. I am confident the the same time, and they change them very "two years next preceding the enlistment of chairman of the committee would not express rapidly sometimes, too. I think that the woman the man' the words “ next preceding the en- that opinion with the knowledge that I have; who is the first wife of the negro is the proper listment" be stricken out, so that proof of two for I assure himn that two thirds of the mem- recipient of this bounty. He may change his years' cohabitation, without reference to the li bers of the regiments I organized had been wife half a dozen times, as many of them do;
still I think the first wife ought to receive the necessary under the act of 1864, that it shonld I think no difficulty will arise from the adoption pension, and I think the gentleman ought to remain as it is.
of the amendment as it is. adopt a rule to give it to the first wife.
Mr. HARRIS. What is the act of 1864? The PRESIDING OFFICER,(Mr. POMEROY Mr. LANE, of Indiana. Perhaps the wives Mr. HENDERSON. The provision to which in the Chair.) The question is on the amendchanged their husbands as often as husbands I allude is contained in the fourteenth section ment of the Senator from Kansas [Mr. LAVE] changed the wives. [Laughter.]
of the act of July 4, 1864, to be found on page to the amendment of the Senator from West Mr. DAVIS. That would not change the 401 of the Acts of 1863-64, in these words: Virginia, (Mr. VAN WINKLE.] rule in relation to the pension that is to be "That the widows and children of colored soldiers
The amendment to the amendment was given to the widows of deceased soldiers. who have been or who may be hereafter killed, or rejected. Mr. VAN WINKLE. I will say, in reply to
who have died or may hereafter die of wounds re- The PRESIDING OFFICER. The question
ceived in battle, or who have died or may hereafter the Senator from Kentucky, that if there are die of disease contracted in the military service of
is on the amendment of the Senator from West two women claiming to be the wife of the sol- the United States, and in the line of duty, shall be
Virginia. dier the matter will have to be adjudged of
entitled to receive the pensions now provided by law Mr. HENDERSON. I hope the Senator by the Commissioner of Pensions; and if any
without other proof of marriage than that the par-
who has charge of this bill will not object to questions or dilliculties arise in relation to this wife, and lived together as such for a definite period | include in this provision claims for bounty and matter the Commissioner of Pensions must next preceding the soldier's enlistment not less than
back pay. I move to amend the amendment two years, to be shown by the affidavits of credible settle them, if the law will permit him to settle witnesses."
by inserting after the word "pension” in the them. If not, and there is no case for relief,
I have not found any complaint in regard to
eleventh line the words “bounty and back it will come, as we have daily cases coming this provision requiring proof of cohabitation here, for the special action of Congress. As
Mr. VAN WINKLE. I must object to the have suggested, a year or two's experience will for two years next preceding the time of en
introduction of those words, not because it is determine whether this law as it stands is listment, and we had a large number of negroes in the service from our State. The only com
not very proper that bounty and back pay proper. If not, the very experience got at
should be awarded on'the same proof as penthe Pension Office will enable us to introduce plaint I have heard in that State is that there
sions, but because it is introducing matter fora suitable amendment. I retain the impression is no act enabling bounty and back pay to be
eign to the subject of pensions. There are a that the provision as it stands in the old secdrawn upon the same terms. The Second Au
series of laws in reference to bounty and back tion and in the amendment is better suited to ditor here requires the best proof of marriage in
pay, and another series of laws in reference to the case than any that has been suggested. order to enable the payment of back pay and
pensions. Our laws are certainly confused Mr. EDMUNDS. I do not think the amendbounty, because he says, and perhaps cor
enough without voluntarily introducing any ment as it stands is exactly as it onght to be rectly, that the change of the law in regard to
more confusion into them. on account of the fact that it would require pensions allowing proof of cohabitation to be
Another reason for objecting to this amendproof of cohabitation down to the very period received without a certificate of marriage does
ment is the fact, to which I have already adof enlistment, and I think we, most of us, un
not authorize him to change it in regard to derstand the fact to be that many persons were bounty and back pay.
verted, that the Senator from Massachusetts,
who is not now present, did propose an amendseparated from their wives for a considerable
Mr. VAN WINKLE. Allow me to suggest ment to a military bill, where it was appropriperiod before they enlisted ; and at the same to the Senator that the Senate has already
ate and pertinent, in reference to this very time I am not entirely satisfied with the amend- passed a bill introduced by the Senator from
subject of bounties and back pay; and that ment to the amendment which is offered, for
Massachusetts (Mr. Wilson) on the subject || amendment was adopted by the Senate and the reason that in many cases it will allow proof of bounty and back pay, and that is what drew
sent to the House of Representatives. I have of marriage upon mere presumption when other my attention to the subject in relation to pen- already stated that it was that action which proof is attainable. If this amendment is not
I furnished to him the amendment
called my attention to the necessity of someagreed to, so that I can have an opportunity,
which I had drawn, at his request, and he said thing similar in reference to pensions. I I shall then propose to amend the original he would take it to the committee of the House.
stated, however, to that Senator an objection amendment by striking out the words in the I presume, therefore, the matter of bounty and I had to that amendment as it was passed. I thirteenth, fourteenth, fifteenth, and sixteenth back pay is under consideration in the other
did not see it until after it had been passed by lines, that the parties had habitually recog. House.
was not present at the moinent nized each other as man and wife, and lived Mr. HENDERSON. Knowing the difficulty of its passage. He requested me to give him together as such for a definite period, not less on this subject, at an early period of the ses- a copy of what I had prepared in relation to than two years next preceding the enlistment sion I offered a resolution instructing the Com- pensions, and said he would take it to the of the man,'' and insert in lieu of them the mittee on Military Affairs to inquire into it. I committee of the other House and have it words, “ which in civil actions would raise the should like to amend this provision so as to inserted there, in relation to bounties and back presumption of the marriage of white persons;" include claims for bounty and back pay, be- pay. As the matter has been brought to the so that the clause will read :
cause the same proof that is good in the one consideration of Congress, and will probably Shall be entitled to receive the pensions provided case ought to be good in the other.
be provided for, though in some slightly difbylaw without other evidence of marriage than proof, Mr. President, I will state that not as much ferent form, in a bill yet pending in the other satisfactory to the Commissioner of Pensions, which in civil actions would raise the presumption of the
difficulty can arise in this matter, according to House, I think we should not attempt to insert marriage of wbite persons.
my knowledge of the subject, as Senators seem it here. Of course the law as to white persons is per
to think. I know that it is sometimes the case Mr. HENDERSON. I am always averse to fectly well understood in civil actions ; that that negroes have a plurality of wives, or that interfering with bills of this character, coming length and degree of cohabitation which under they cohabit with a plurality, but I believe they from committees; but I regret very much that the circumstances satisfies a reasonable man regard, as white people do, some particular || the Senator from West Virginia makes objection that the relation really existed, whether the one as the wife. I do not see the difficulties
to this amendment, because it is nothing but proof comes down to the very point of time at to spring from this provision that Senators right that it should be adopted. It allows no which the inquiry is instituted, or whether it seem to fear. I have heard of no difficulty in back pay or bounty which is not already pro. shows the relation to have existed at some pre- all the adjudications of this question. I have
vided by law. The only change that it makes is vious period. There is a well-settled rule of heard of no contradictory claims. I have heard the change that I indicated a few moments ago. law in civil actions, which prevails in all the of po two women claiming to be the wife of the The pension is now allowed upon proof of States I believe, substantially alike; and it same negro, although we had a large number cohabitation, without a certificate of marriage; appears to me that such a provision would cover of negro soldiers from my State. I believe | but the Second Auditor refuses absolutely to all the cases and would not be open to any
the claims are very satisfactorily adjusted here; | allow back pay on the same testimony. For objection which occurs to me. If, therefore, and it is as well known in communities where
instance, a great many colored soldiers who the pending amendment to the amendment the negroes live which is the wife, and who has went from my State have fallen in the southern should not be agreed to, I should then offer | been regarded as the wife for the last six, eight, | States. The widow or children can get the pen. the one which I have named.
or ten years, as it is perhaps in the case of white sion; but no matter how much may have been Mr. HENDERSON. I hope no change will || people.
due to that soldier as back pay, they cannot be made in the provisions of this amendment. It was at first required by the Second Audi- get it unless evidence of marriage is furnished It is precisely the law of July 4, 1864. It tor that record evidence of the marriage should that cannot be furnished, namely, a certificate makes no change in that law on this subject, be filed; that is, that a certificate should be of marriage; because there was no law authorand I have heard no complaint in our State, filed. It is well known that in the slave States |izing such certificates in our State in those where we had a large number of negro troops, no such certificate was ever authorized in regard
Hence it is that the back pay is lost to in regard to that law. If the change suggested to colored persons. It was only authorized in the widow and children where the colored solby the Senator from Vermont be made, in all the case of white persong. The distinctive dier has fallen in battle. So it is with the bounty. probability a different construction will begiven word "white" ran through all our laws. That If you put in this amendment the words“bounty to the provision by the Second Auditor from evidence of the marriage could not be furnished, and back pay,” they will not be paid, unless in that which he has given to the present law of but my impression is that there is no incon: cases where they are due under the law. This 1861, and much confusion would inevitably | venience from the rule now provided. I desire amendment will not allow the soldier's wife or result from the change. I have heard no com- to vindicate the negroes from the charge of heirs to draw bounty or back pay unless in cases pluint whatever in our State in regard to the practical Mormonism brought against them, where it is allowed by law, and where the widow law, and I should regret very much to see a for I do not believe the evil exists to one half or children cannot draw it now for the simple change made. I think it is much better, now of the extent implied by the argument of the reason that they cannot produce the evidence that we have become accustomed to the proof Senator from Kentucky and other Senators. of marriage that the Second Auditor requires, This has produced a great deal of complaint. almost entirely. Now that matter is under con- I have therefore adopted, I believe, with a I have been written to again and again this sideration by another committee.
very slight variation, if any—I do not know of winter by these colored people and their agents that here, and they may perhaps to-day pass it any-in the first part of this amendment the in my State, and I called the matter to the in the other House, and then we shall have provisions of the former laws, making them attention of the Military Committee some time two rules on the ubject. I think it is better not apply to all pensions, and I have added a ago by a resolution requesting them to report a to introduce these words here, because they | clause at the close to meet precisely such a bill upon that subject. I really do not know are under consideration in a bill that has case as was brought to the notice of the comwhether it has been done, and I regret very | passed this body and gone to the other House, mittee, that of a seizure under attachment or much that the Senator from West Virginia | and which, if they amend it, must come back trustee process of money that was in transitu objects to this amendment. He says himself here, and if that amendment of the Senator from a pension agent to the pensioner. I trust that the provision is perfectly proper and just, from Massachusetts prevails, it is for the very there will be no objection to this amendment. and should be passed, and he objects to it sim- purpose for which the gentleman wishes to Mr. JOHNSON. Is that provision found ply because to put it on this bill will produce || introduce this amendment. I think the House || in the general pension laws ? confusion in the law. He says that this is will certainly strike out what I thought were Mr. VAN WINKLE. It is found in two strictly a pension bill, and that if we put on it | objectionable words in that provision as it | laws, one, I think, regulating the pensions a provision in regard to back pay and bounty passed here. I will say that proof was required || of the war of 1812, and one regulating the it will produce confusion.
that something in the nature of a marriage pensions of the Mexican war; both have lanIt ought to be remembered that before the ceremony had taken place. I suggested to the guage prohibiting “any pledge, mortgage, sale, Second Auditor go all these claims for pension, Senator from Massachusetts that that was a assignment, or transfer of any right, claim, or back pay, and bounty; and this is the proper thing which took place, when it did occur, in interest in any way granted by this act." place exactly for the amendment, because by the presence of very few persons, and it might That is in both, and consequently there is this bill his attention will be called to the point | be very difficult of proof in that way; but as no such law, as everybody supposed there was, in regard to pensions, and when he finds that these persons had become scattered and were referring to pensions granted since 1861. the law on the subject of pensions requires him living together, the fact was a matter of public Mr. JOHNSON. Does this amendment emto take the same evidence in regard to bounty | notoriety and could be easily proved.
brace all pensions? and back pay he will at once do so. This is I would not be captious, and if it was merely Mr. VAN WINKLE. Yes, sir. the proper place, and it produces no confusion on account of the first objection I made, that Mr. JOHNSON. It is not confined to pento insert it here. The Second Auditor is fa- this amendment makes the bill incongruous, sions under this act. miliar with the administration of these laws, I should not insist on the objection. But I Mr. VAN WINKLE. It embraces all penand when he comes to find this amendment think the gentleman's object can be accom- sions, and is so intended. he of course will apply it to claims for bounty plished in another way, and we may as well The amendment was agreed to. and back pay in the same way as to pensions. be relieved from it on this pension bill.
Mr. VAN WINKLE. I have another amendThere is a crying evil on this subject. The The amendment to the amendment was
ment to offer to that of the committee, to come widows and children of these soldiers are en- agreed to.
in as a new section after section three: titled to bounty and back pay just as much as Mr. EDMUNDS. A little while
sug. And be it further enacted, That no claim agent or they are to pensions, and they ought to have | gested that I should offer a particular amend- other person shall hereafter charge or receive more them. It is nothing but just to the families ment which was named. On eonsultation with
than fifty cents for preparing the papers necessary of colored soldiers that they should be enabled
to enable a pensioner to receive a semi-annual paythe members of the Pension Committee, I am
ment of his pension; nor shall any pension agent to receive the bounty and back pay due as well disposed not to offer the amendment which I charge or receive more than twenty-five cents for as the pension.
spoke of; but I do propose to amend the amend- administering an oath to a pensioner, under a penI hope the Senator will withdraw his objec- ment of the Senator from West Virginia in the
alty of five dollars in each case, tion to my proposition, I think it can produce | eighth and ninth lines by striking out the words
This matter has been brought to the notice no confusion. I know his very great care about " in battle." That part of the section now
of the committee by a pension agent in one of laws. He does not like to mingle inappropri- confines the right to pensions to the widows
the largest eastern cities. He states that per ate and unfit things together. I know how and children of those who have died or who sons are charging for the service of filling a particular he is in regard to the language of may hereafter die of wounds received in battle very short blank and administering an oath his bills. I know how careful he is; but I or of disease contracted, &c. The term “bat
from one to two dollars. I believe that most cannot perceive that any confusion is likely to tle,” in my opinion, is not broad enough to of the States in taxing affidavits have remitted arise, and inasmuch as this provision has been
cover many cases of death and of injury which the costs in cases where the affidavits are for carefully prepared by him, and the amendment are really received in the military service; and the purpose of obtaining pensions. It is cerI propose can very easily and simply be inserted if the words be stricken out, then it will author- | tainly wrong that persons should be allowed to so as to insure perfect and entire justice to the ize pensions wherever they met their death in charge these exorbitant prices. negroes in his State and in mine and in other the line of their duty in the service of the Uni
The amendment was agreed to. border States where so many of them served, ted States.
Mr. VAN WINKLE. I have another amendI think this is the proper place, and I hope he Mr. VAN WINKLE. I accept that amendwill withdraw his objection.
ment, and I believe it is the last. It is a new ment. The language which the gentleman pro- || section, to come in as section'ten: duce any confusion, because all these claims poses to correct is the language of the original
And be it further enacted, That section four of an go to the same officer, the Second Auditor.
section, but the whole series of pension laws act entitled "An act to grant pensions," approved They are adjudicated and audited by him, and are as his amendment would make it. I there- July 14, 1862, is hereby so amended that the provisthey cannot be paid except upon his certificate. fore accept the amendment.
ions thereof shall apply to and include the orphan Mr. VAN WINKLE. I am reluctant to
brother or brothers, as well as sister or sisters, under
The PRESIDING OFFICER. The modifi- sixteen years of age, of a deceased officer or other make objection to a matter of this kind, which cation will be made. The question is now on
person named in section one of the above entitled really would not hurt the bill that I have the amendment as amended.
act, who were dependent upon him for support, in
whole or in part, subject to the same limitations and charge of, except so far as it is introducing a The amendment, as amended, was agreed to. restrictions. matter foreign to it. The objection may seem captions; but that is not my purpose. I think
Mr. VAN WINKLE. I offer, on behalf of This amendment came to us from the House the gentleman is mistaken in saying there is
the Committee on Pensions, another amend. committee, who had intended to insert it in the
ment to the bill, to be inserted as a new secno provision now on the subject, because I
bill originally, but accidentally omitted to do tion after section three :
The section of the act of 1862 to which it recollect distinctly that during the first session I was here, in 1863-64, an amendment was
And be it further enacted, That every pledge, mort- refers provides that where a soldier dying has offered by the Senator from Massachusetts,
gage, sale, assignment, or transfer of any right, claim, left or may leave an orphan sister or sisters
or interest in any way granted or arising by or under [Mr. Wilson, and it appeared to me not to the laws of the United States relating to pensions,
under sixteen years of age, the pension shall meet the case. I then went to him in his seat and shall be void and of no effect; and no sum of money
go to such sister or sisters. It is palpable that due or to become due to any pensioner under the suggested to him the fact that something in the
many may have left an orphan brother or laws aforesaid shall be liable to attachment, levy, brothers under that age, who are as equally nature of a marriage took place between these or seizure by or under any legal or equitable process people, and he modified his amendment, and
whatever, whether the same remains with the Pen- helpless as the sisters. It seems only fair that
sion Office, or any officer or agent thereof, or is in the section should be extended to those infant presume it passed, although I cannot find it
course of transmission to the pensioner entitled here on the moment. thereto, but shall inure wholly to the benefit of such
brothers, as well as to infant sisters. Mr. HENDERSON. It did not. It never pensioner.
The amendment was agreed to. passed.
I will state to the Senate that this matter The bill was reported to the Senate as Mr. VAN WINKLE. He again offered at was brought to the attention of the committee amended, and the amendments were this session an amendment to a military bill | by a letter from a gentleman holding a high
curred in. intended to over it. He introduced into it position in one of the eastern cities who stated
It was ordered that the amendments be ensome provisions which I thought would tend to
that money on its way to a pensioner had been | grossed and the bill read the third time. The prevent his object being accomplished, and I attached in transitu, and the municipal court
bill was read the third time and passed. took to him this language of Senator Foot in of that city had upheld it. I was under the
Mr. LANE, of Indiana. I move, now, to the amendment of the pension bill of last year, impression that the laws forbade that; and I
take up the bill (S. No. 239) for the classificaand also a paper I had drawn up for a modifi- looked over the whole series of laws, and I
tion and graduation of invalid pensions. cation of it in reference to pensions. He had found two clauses which resembled the first
The motion was agreed to. one provision in his amendment, I know, that part of this amendment, but both of them re- Mr. LANE, of Indiana. I move the inI thought would tend to defeat his object Il ferred to the pensions granted by those acts. definite postponement of this bill, the same
It cannot pro
subject matter having been disposed of in the lieutenant in the sixteenth regiment of Vir- whether his experience and observation satisfy bill we have just passed.
ginia volunteers, from the date of the discharge him that the fever and ague is in the habit of The motion was agreed to.
of her husland from the military service of the producing such results as are mentioned in this MESSAGE FROM THE HOUSE.
United States, on account of disability arising | report.
from disease contracted in the service, until Mr. LANE, of Indiana. This is a report A message from the House of Representa
the date of his death, namely, from the 5th day from the House of Representatives. The facts tives, by Mr. McPherson, its Clerk, announced
of May, 1863, to the 7th day of February, 1865, are all reported to us. The evidence of his that the House of Representatives had passed, and to cause to be paid to Mrs. Gaston a pen- captain is that this sore upon the hand which without amendment, the following bills: sion at the rate of seventeen dollars per month caused the total disability of the hand was
A bill (S. No. 132) to prevent and punish | for that time, without prejudice to the pension || caused by the fever and ague. The reason kidnaping; and
heretofore allowed her by the Commissioner | why the surgeon did not testify is because he A bill (S. No. 316) to establish a post route of Pensions.
is dead, and the assistant surgeon was not with from West Alburg, Vermont, to Champlain, in
The bill was reported to the Senate without || the regiment at the time; but his captain swears the State of New York, and for other pur- amendment, ordered to be engrossed for a third that the sore was the result of fever and ague poses.
reading, was read the third time, and passed. and that the hand was totally disabled. I do The message further announced that the
not know what particular quality of the disease House of Representatives had passed a bill
it is that makes the sore break out on the hand; (H. R. No. 596) to authorize the use of the
Mr. LANE, of Indiana. I move to proceed but I have heard of fever sores. We took the metric system of weights and measures, in to the consideration of the House bill No. 463, report of the committee of the House, and supwhich it requested the concurrence of the for the relief of James Foster.
posed that that was sufficient to authorize the Senate.
The motion was agreed to; and the Senate, || reporting of this bill. The matter was investi
as in Committee of the Whole, proceeded to gated before our committee, and it was thought Mr. LANE, of Indiana. I move to take consider the bill. The Secretary of the Interior very probable that the whole injury resulted up House bill No. 216.
is directed by the bill to place the name of from that fever. The motion was agreed to; and the bill (H. James Foster, late of the United States ship Mr. VAN WINKLE. I will say to the SenR. No. 216) for the relief of Cordelia Murray || Germantown, on the pension-roll, and pay him ator from Iowa that I have been hearing of was considered as in Committee of the Whole. the sum of six dollars per month.
ague sores all my life, although I never lived It provides for the payment to Cordelia Murray,
Mr. LANE, of Indiana. I move the indef- much in an ague country. We do not have any widow of George W. Murray, of the pension inite postponement of that bill on account of in West Virginia, but before I moved there they granted to George W. Murray, by an act of an adverse report. We thought the case was used to have the ague in that country, and
ague Congress approved December 20, 1864, entitled not sufficiently proved.
sores were a very common result of that dis“An act for the relief of George W. Mur
The motion was agreed to.
Mr. TRUMBULL. I beg to inquire of the
JOIN GORDON. Mr. VAN WINKLE. This bill was before
Senator whether it grew out of his services in the Senate on the last day that the Committee
Mr. LANE, of Indiana. I move to take up the Army: on Pensions had for such business, and it was the bill (H. R. No. 464) for the relief of John
Mr. VÅN WINKLE. The intermittent fever, then suggested that the language was a little Gordon.
the fever and ague, occurred while he was in obscure. I have examined the original act,
The motion was agreed to ; and the Senate, the Army and in the service. This was a conand I find that it does not disclose what the
as in Committee of the Whole, proceeded to sequence of that disease. The committee were pension shall be except by description. I move
consider the bill. By its provisions the Secre- well satisfied of that fact from an examination now to amend this bill by inserting after the
tary of the Interior will be directed to place of the particular evidence supplied. word “ Murray," in the fifth line, the words
Mr. GRIMES. Who supplied this evidence? "a pension equal in amount to."
ninth United States infantry, upon the pension- | Some surgeon, as I understand, in the State of The amendment was agreed to.
rolls at the rate of eight dollars per month, to Maine. The bill was reported to the Senate as continue during his natural life.
Mr. VAN WINKLE. It is furnished by his amended; the amendment was concurred in.
Mr. GRIMES. Let us hear the report. captain; and I believe the rules of the Pension The amendment was ordered to be engrossed
where the and the bill to be read a third time. The bill was read the third time and passed.
of Representatives, from which it that
appears or any other circumstances, the certificate of the John Gordon enlisted at Saco, Maine, on the commanding officer is the next best proof.
21st of March, 1817, under Captain Woodman, Mr. GRIMES. I have lived for thirty years On motion of Mr. LANE, of Indiana, the and was placed in company G, Captain Lyman right on the bank of the Mississippi river, and bill (H. R. No. 265) granting a pension to John Bissell, ninth United States infantry, in which we have ague there, and I have had a good Hoffman, of Madison county, in the State of he continued to serve until his return from deal of observation of that disease, and I conNew York, was considered as in Committee Mexico. He was discharged at Newport, fess I never heard of such a case as this before. of the Whole. It provides for placing the name Rhode Island, in the summer of 1848. While I never heard of such a fever sore as the one of John Hoffman, of Madison county, New
in the service and in the line of duty, in the mentioned here. I have heard of fever sores York, on the pension-roll, at the rate of eight fall of 1847, at the city of Mexico, he com- breaking out on the lips in little blotches, and dollars per month, to continue during his nat
menced to have attacks of fever and ague, I have heard of white fever swellings, but I ural life.
which continued, and in the spring following a have never heard of such a disease as this The bill was reported to the Senate, ordered fever and ague sore broke out on his left hand. I appearing from the ague and exposure in the to a third reading, read the third time, and
This continued until after his discharge, the Army. I move that the bill be indefinitely passed.
summer following, and unfitted him for mili- postponed. BETSEY NASII.
tary duty. After his discharge the sore healed Mr. LANE, of Indiana. I hope the Senator
up but left the end of the finger contracted, from Iowa will modify his motion so as to let On motion of Mr. LANE, of Indiana, the Senate, as in Committee of the Whole, resumed
bent, and stiffened, one of the fingers being it go over until to-morrow.
bent flat to the hand. His hand is in conse- Mr. GRIMES. Very well; or recommit it. the consideration of the bill (H. R. No. 445) for the relief of the legal representatives of
quence useless, and he is unable to gain a live- Mr. LANE, of Indiana. I move, then, that lihood by manual labor. Application was
this bill be recommitted to the Committee on Betsey Nash. It proposes to extend the pro
made at the Pension Bureau for a pension, | Pensions. visions of the act of Congress approved March
but was rejected by the Commissioner of Pen- The PRESIDING OFFICER, (Mr. POMEROY 3, 1857, for the relief of Betsey Nash, to her
sions because he says it is not sufficiently in the chair.). The Senator from Iowa withlegal representatives, and to provide for pay
proven that the fever and ague sore was in draws his motion, and the Senator from Indiana ing the amount appropriated by that act to
consequence of the intermittent fever. This moves that the bill be recommitted to the Comthem; but the sum paid is not to exceed the
evidence cannot be obtained on account of the mittee on Pensions. amount due Betsey Nash at the time of her
death of the regimental surgeon who attended The motion was agreed to. death.
him. Captain Lyman Bissell has testified that The bill was reported to the Senate, ordered
ADJOURNMENT TO MONDAY. his sore was so caused. The assistant surgeon to a third reading, read the third time, and of the regiment was not with the regiment and
On motion of Mr. HENDERSON, it was passed. could know nothing concerning the case. The
Ordered. That when the Senate adjourn it be to
meet on Monday next. committee deem this case a just one, and thereMr. VAN WINKLE. I move now to take fore report a bill for his relief.
SPENCER KELLOGG.' up Senate bill No. 261.
The bill was reported to the Senate without On motion of Mr. LANE, of Indiana, the The motion was agreed to; and the Senate amendment.
Senate, as in Committee of the whole, proresumed the consideration of the bill (S. No. Mr. GRIMES. Am I right that this disabil- ceeded to consider the bill (H. R. No. 260) 261) for the relief of Mrs. Anna G. Gaston. It | ity occurred in the Mexican war?
granting a pension to Spencer Kellogg. The is a direction to the Secretary of the Interior Mr. LANE. of Indiana. Yes, sir.
Secretary of the Interior will be directed by to place upon the pension-roll the name of
Mr. GRIMES. The Senator from Indiana this bill to place the name of Spencer Kellogg, Mrs. Anna G. Gaston, of the city of Washing. is from a fever and ague country and has lived of Oswego county, New York, on the roll of ton, widow of Albert G. Gaston, deceased, late there a long time; and I should like to know invalid pensions, and to pay or cause to be paid
Committee on Invalid Pensions of the house geon cannot be procured
, owing to this death
ANNA G. GASTON.
to his legally appointed guardian the sum of of eight dollars per month, to continue during of Representatives. The petitioner, who is the twenty dollars per month, until Spencer Kel- his natural life.
widow of George W. Willey, corporal in com. logg shall have attained the age of sixteen The bill was reported to the Senate without pany F, seventh regiment New Hampshire volyears. The act is to take effect on the 6th day || amendment, ordered to be engrossed for a third unteers, alleges in her petition that her late of September, 1865.
reading, read the third time, and passed. husband was under the command of Colonel Mr. GRIMES. Let us hear the report read.
Abbott in the late war to suppress the southern
On motion of Mr. VAN WINKLE, the Sen.
rebellion; that he enlisted at Dover, New Hamp. of Representatives. It appears that Spencer | ate, as in Committee of the whole, proceeded shire, on or about the 29th of November, 1861,
and served faithfully as a soldier in that com. to consider the bill (H. R. No. 345) for the Kellogg, the father of Spencer Kellogg, the ward of Orville C. Brown, was fourth master
relief of Christina Elder. It proposes to direct pany until his death on the 18th of April, 1865. of the United States gunboat Oswego, and was the Commissioner of Pensions to pay to Chris
It is further alleged that he was a reënlisted captured by the enemy while in the discharge tina Elder, of the city of New York, the pen.
veteran, and enlisted in the field at Fernandina, sion to which Jessie Elder was entitled at the
Florida, on the 20th of February, 1864. The of his duty on or about August 15, 1862, and executed in the city of Richmond, Virginia, on time of her death, as the mother of Lieutenant | lough to those who reënlisted. Willey was
Government gave as a gratuity thirty days' furColonel Alexander B. Elder, tenth regiment the 25th of September, 1863, by the rebels, New York volunteers, under the provisions of
taken sick with congestion of the lungs before charged with being a spy. The muster and
the termination of his furlough, and died at pay rolls of the gunboat were lost. Congress
the act of Congress approved July 14, 1862.
Dover, New Hampshire, on the 18th of April, by a joint resolution approved June 30, 1864,
1865. The committee find the facts fully susdirected the name of Mary Kellogg, widow of
amend the bill by striking out all after the
tained by the proof, and report a bill for the Spencer Kellogg and mother of the ward of
relief of the petitioner. Orville C. Brown, to be placed upon the pen. That the Secretary of the Interior is hereby directed
The bill was reported to the Senate without to pay to Christina Elder, of the city of New York, sion-roll with the pension incident to the rank the arrears of pension to which Jessie Elder, mother amendment, ordered to a third reading, read of her late husband. She died on the 6th of of the said Christina Elder and of Alexander B. Elder, the tņird time, and passed.
late lieutenant colonel of the tenth regiment of New September, 1865, leaving a son, the only child York volunteers, would have been entitled had the
MRS. REBECCA IRWIN. of Spencer Kellogg, to wit, Spencer Kellogg, certificate of W.T. Otto, acting Secretary of the Intethe ward of Orville C. Brown, now about three rior, countersigned by Joseph H. Barrett, Commis
On motion of Mr. VAN WINKLE, the bill sioner of Pensions, and bearing date on the 25th day years of age. The committee, believing the
(S. No. 291) granting a pension to Mrs. Rebecca of November, in the year 1865, in favor of the said relief asked for by the petitioner just and right, Jessie Elder been granted in her life-time.
Irwin, was read a second time and considered
as in Committee of the Whole. It proposes to report a bill for his relief.
The amendment was agreed to. The bill was reported to the Senate without
direct the Secretary of the Interior to place the
Mr. CONNESS. Is there a report in that amendment, ordered to a third reading, read
pame of Mrs. Rebecca Irwin, widow of Archi
If there is, I should like to have it the third time, and passed.
bald Irwin, late a private in battery C, first read.
Rhode Island light artillery, on the pensionANNA E. WARD.
The Secretary read the following report, sub- roll, at the rate of eight dollars per month, to On motion of Mr. LANE, of Indiana, the mitted by Mr. VAN WINKLE, from the Commit
continue during her widowhood. Senate, as in Committee of the Whole, pro- tee on Pensions, on the 25th of April:
The bill was reported to the Senate without ceeded to consider the bill (H, R. No. 459) for The Committee on Pensions, to whom was referred amendment, ordered to be engrossed for a third the relief of Anna E. Ward. It provides for
House bill No. 315, entitlcd "An act for the relief of
reading, read the third time, and passed. placing the name of Anna E. Ward, of the city
That the said Christina Elder is the sister of Alexof Washington, District of Columbia, widow of
RETURN OF A BILL. ander B. Elder, deceased, lato licutenant colonel of the late Joseph D. Ward, second Kentucky vol. the tenth regiment of New York volunteers, and the Mr. MORRILL. With the permission of the
daughter of Jessie Elder, also deceased, in whose unteers, on the list of pensioners, and for pay. favor, as the mother of the said Alexander B. Elder,
Senator from West Virginia, I should like to ing to her the sum of eight dollars per month a certificate was granted by the then acting Secretary offer a resolution requesting the return of a bill, during her widowhood, and in the event of her of the Interior to the effect that, under the provisions which was passed under a misapprehension,
of the pension act of 1862, she was entitled to receive marriage or death, then to the minor children pay at the rate of thirty dollars per month, commen
from the House of Representatives. It will of Joseph D. Ward, subject to the limitations cing on tho 31st day of October, 1861, and continuing
take no time. and restrictions of the pensions laws. during her widowhood. The said certificate bears date
Resolved, That the Secretary be directed to request on tho 25th day of November, 1865; but it appears The Committee on Pensions reported the bill that the said Jessie Elder died on the 31st day of Oc
the House of Representatives to return to the Senato
the bill of the Senato No. 305, to amend an act entiwith an amendment, to insert in the cighth line tober, in the same year, twenty-five days previous, after the words “ eight dollars per month” the in consequence of which no part of ihe pension
tled "An act concerning notaries public for the Distherein mentioned could be legally, or ever was, paid
triot of Columbia," approved April 8, 1864. words “ to commence from and after the pas
to the said Jessie Elder or her representatives. The report in that case was for the indefisage of this act, and to continue.''
It further appears that, from the time of the death The amendment was agreed to. of the said Alexander B. Elder until that of the said
nite postponement of the bill, but by some Jessie Elder, which occurred in her cighticth year,
mistake or other it has been passed. Mr. GRIMES. Let the report be read. her daughter, the said Christina Elder, by the labor The resolution was considered, by unanimous
The Secretary read the report made by the of her hands, supported and provided for her infirm Committee on Invalid Pensions in the House and helpless mother, at an expense quite equal to
consent, and agreed to. what the latter would have been entitled to receive of Representatives. It appears that Joseph
MRS. JOANNA WINANS. by virtue of the said certificate had it been granted D. Ward, late a surgeon in company H, sec. in her life-time.
On motion of Mr. VAN WINKLE, the Senond Kentucky volunteers, was, on the 22d of
Under these circumstances the committee recommend that the arrears of pension which would have
ate, as in Committee of the Whole, proceeded February, 1847, at the battle of Buena Vista, been payable to the said Jessie Elder had the said to consider the bill (H. R. No. 493) granting in Mexico, and, while in the discharge of his certificate been granted twenty-five days earlier be
a pension to Mrs. Joanna Winans. Its purduties, received three grape or canister shot
paid to the said Christina Elder, and for this pur
pose herewith report an amendment of the bill re- pose is to require the Secretary of the Interior wounds, one in his breast, another fracturing ferred to them as above, and recommend that the to place the name of Mrs. Joanna Winans, the bones of his right arm so as to render am- same be adopted, and the bill so amended passed.
mother of George W. Winans, late an acting putation necessary, and a third ball injured his The bill was reported to the Senate as assistant paymaster in the United States Navy, left arm so seriously as to deprive him almost amended, and the amendment was concurred on the roll of naval pensioners, at the rate of entirely of its use; that by reason of these in and ordered to be engrossed, and the bill twenty dollars per month, to continue during wounds he was totally disabled; and, on the to be read a third time. It was read the third her widowhood. 4th of February, 1865, died, leaving the peti- || time and passed.
The Committee on Pensions reported the tioner, a widow with two children, girls, one
MARTHA J. WILLEY.
bill with an amendment, in line eight, after the eleven and the other three years of age, and
On motion of Mr. VAN WINKLE, the Sen
word "widowhood," to insert, "the said penthe aged and invalid mother of her deceased husband dependent upon her for support. The ate, as in Committee of the Whole, proceeded
sion to be paid out of the naval pension fund." to consider the bill (H. R. No. 494) for the
The amendment was agreed to. committee deem the case a just one, and there. relief of Martha J. Willey. It proposes to Mr. GRIMES. I ask for the reading of the fore report a bill for her relief. The bill was reported to the Senate as
direct the Secretary of the Interior to place | report in this case.
the name of Martha J. Willey, widow of George The Secretary read the report of the Com. amended, and the amendment was concurred W. Willey, late a corporal in company F, sev
mittee on Invalid Pensions in the House of in and ordered to be engrossed, and the bill to be read a third time. It was read the third time and passed.
the pension-rolls, at the rate of eight dollars Winans, the son of the petitioner, was an act
per month, the pension to commence on the ing assistant paymaster in the United States CORNELIUS CROWLEY,
18th of April, 1865, and to continue during || Navy. On the 23d of May, 1864, he received On motion of Mr. LANE, of Indiana, the her widowhood; and in the event of her mar- a leave of absence for one week from Fleet Capbill (s. No. 275) for the relief of Cornelius | riage or death, then to the minor children of tain A. K. Pennock. At Mound City, on the Crowley, was read a second time and consid- George W. Willey, subject to the limitations day of the expiration of his leave of absence, ered as in Committee of the Whole. It pro- and restrictions of the pension laws.
and when going on board the steamer Black poses to direct the Secretary of the Interior to Mr. GRIMES. Let us hear the report in | Hawk, and before he had formally reported, he place the name of Cornelius Crowley, late a that case read.
was accidentally drowned. The proof is very private in company F, third regiment United The Secretary read the report made by the conclusive that the petitioner was at the time States infantry, on the pension-roll, at the rate Committee on Invalid Pensions of the House of the death of her son, and still is, a widow