Part 19
I return without approval House bill No. 6718, entitled "An act granting a pension to William H. Starr."
An application made by this claimant to the Pension Bureau is still pending there, and additional evidence has been called for, which the claim is awaiting before final decision.
I am of the opinion that the investigation there should be fully completed before special legislation is resorted to.
GROVER CLEVELAND.
EXECUTIVE MANSION, _June 23, 1886_.
_To the House of Representatives_:
I return without approval House bill No. 7109, entitled "An act granting a pension to Joseph Tuttle."
This man claims a pension as the dependent father of Charles Tuttle, who enlisted in 1861 and was killed in action May 31, 1862.
The claimant, being, as he says, poor, took his son Charles, at the age of 9 years, and placed him in charge of an uncle living in Ohio. An arrangement was afterwards made by which the boy should live with a stranger named Betts. Upon the death of this gentleman the lad was transferred to one Captain Hill, with whom he remained until his enlistment in 1861.
It is stated that during the time he remained with Mr. Hill he sent his father $5; but the fatherly care and interest of the claimant in his son is exhibited by his statement that though the son was killed in 1862 his father was not aware of it until the year 1864.
After the exhibition of heartlessness and abandonment on the part of a father which is a prominent feature in this case, I should be sorry to be a party to a scheme permitting him to profit by the death of his patriotic son. The claimant relinquished the care of his son, and should be held to have relinquished all claim to his assistance and the benefits so indecently claimed as the result of his death.
GROVER CLEVELAND.
EXECUTIVE MANSION, _June 23, 1886_.
_To the House of Representatives_:
I return herewith without approval House bill No. 5995, entitled "An act granting a pension to David T. Elderkin."
This claimant enlisted August 5, 1862. From his record it appears that he was dishonorably discharged the service, to date from June 11, 1863, with a loss of all pay, bounty, and allowances.
He filed a declaration for a pension in 1882, claiming that he was wounded in the head by a shell January 1, 1863, which cut his cheek close to his right ear, causing almost total deafness.
There is conflicting evidence as to the claimant's freedom from deafness prior to enlistment, and on a special examination it was shown that he was slightly hard of hearing before enlistment. Indeed the claimant himself stated to the special examiner and also to the board of surgeons that he had been somewhat deaf from childhood.
In 1882 an examining surgeon reports that he finds no scar or evidence of wound, but his hearing is very much impaired.
The claim was rejected in 1885 on the ground that deafness existed prior to enlistment, and also because of no ratable disability by reason of alleged wound in the cheek.
I think, considering the manner of the soldier's discharge and the facts developed, that the claimant should not be pensioned.
GROVER CLEVELAND.
EXECUTIVE MANSION, _June 29, 1886_.
_To the Senate_:
I hereby return Senate bill No. 1797, entitled "An act granting a pension to John S. Kirkpatrick."
This claimant appears to have enlisted December 10, 1861, and to have been discharged December 20, 1864. He is borne upon the rolls of his company as present up to June, 1862; in July and August, 1862, as on detached service as hospital attendant, and so reported February 28, 1863. In March and April, 1863, he is reported as present, and in May and June, 1863, as on detached service. There is nowhere in his service any record of disability.
He filed his application for a pension in 1880, in which he alleged that from hardship and exposure on a long march in New Mexico in the month of December, 1862, he contracted varicose veins in his legs.
As I understand the record given above, this claimant was on detached service from July, 1862, to February, 1863.
It will be observed that his claim is that he contracted his disability within that time, and in December, 1862. He appears also to have served for two years after the date of his alleged injury, and that he did not file his application for pension till about sixteen years afterwards.
His claim is still pending, undetermined, in the Pension Bureau, and if there is merit in it there is no doubt that he will be able to make it apparent.
GROVER CLEVELAND.
EXECUTIVE MANSION, _June 29, 1886_.
_To the Senate_:
I hereby return without approval Senate bill No. 1077, entitled "An act granting a pension to Newcomb Parker."
This claimant filed an application for a pension in the year 1880.
Before the passage of the bill herewith returned the Commissioner of Pensions, in ignorance of the action of Congress, allowed his claim under the general law. As this decision of the Pension Bureau entitles the beneficiary named to draw a pension from the date of filing his application, which, under the provisions of the special bill in his favor, would only accrue from the time of its passage, I am unwilling that one found worthy to be placed upon the pension rolls by the Bureau, to which he properly applied, should be an actual loser by reason of a special interposition of Congress in his behalf.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 2, 1886_.
_To the House of Representatives_:
I return without approval House bill No. 473, entitled "An act granting a pension to William Boone."
There is not the slightest room for doubt as to the facts involved in this case.
No application for pension was ever made to the Pension Bureau by the beneficiary named in this bill. He enlisted in August, 1862; was in action November, 1862, and taken prisoner and at once paroled. During his parole, and at Aurora, in the State of Illinois, he took part in the celebration of the 4th day of July, 1863, and while so engaged was terribly injured by the discharge of a cannon. He is poor, and has a wife and a number of children.
These facts are derived from the report of the committee in Congress to whom the bill was referred, and from a letter written by the soldier since favorable action was had upon said bill by both Houses of Congress, which letter is now before me. In this letter he says: "I never thought of trying getting a pension until my old comrades urged me to do so."
This declaration does not in the least, I think, militate against the present application for pension, but it tends to show the ideas that have become quite prevalent concerning the facts necessary to be established in order to procure a pension by special act of Congress.
Let it be conceded that during the three months which elapsed between the soldier's enlistment and his capture and parole he was constantly in the field and bravely did his duty. The case presented is that of a brave soldier, not injured in any engagement with the enemy, but honorably captured, and by his parole placed in a condition which prevented for the time being his further active military service. He proceeded to his home or to his friends and took his place among noncombatants. Eight months afterwards he joined the citizens of the place of his sojourn and the citizens of every town and hamlet in the loyal States in the usual and creditable celebration of our national holiday. Among the casualties which unfortunately always result from such celebrations there occurred a premature discharge of a cannon, which the present claimant for pension was assisting other citizens to discharge and manage.
Whether any of those thus engaged with him were injured is not disclosed, but it is certain that the paroled soldier was very badly hurt.
I am utterly unable to discover any relation between this accident and the military service, or any reason why, if a pension is granted as proposed by this bill, there should not also be a pension granted to any of the companions of the claimant who chanced to be injured at the same time.
A disabled man and a wife and family in need are objects which appeal to the sympathy and charitable feelings of any decent man; but it seems to me that it by no means follows that those intrusted with the people's business and the expenditure of the people's money are justified in so executing the pension laws as that they shall furnish a means of relief in every case of distress or hardship.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 3, 1886_.
_To the Senate_:
I hereby return without approval Senate bill No. 365, entitled "An act for the relief of Martin L. Bundy."
By this bill it is proposed to allow in the settlement by the United States with Mr. Bundy, who was lately a paymaster in the Army, the sum of $719.47 for the forage of two horses to which he claims he was entitled while in the service, and which has never been drawn by him. The time during which it is alleged this forage was due is stated to be between July 17, 1862, and April 15, 1866.
This claimant was mustered out as paymaster on the last-mentioned date, and in 1872 a certificate was issued that, his accounts having been adjusted, they exhibited no indebtedness on his part to the United States.
Subsequently, however, and in or about the year 1879, it was discovered that by reason of a duplicate credit, which had been allowed him by mistake, he was actually indebted to the Government in the sum of $528.72.
After the fact had been made known to him the claim embodied in this bill was suggested to or invented by him, which, if allowed, will not only extinguish his indebtedness to the Government, but leave a balance due to him.
By the law and the Army Regulations the forage upon which this claim is based is or should be only allowed to those in the service who actually have and use horses in the performance of their duties.
And when thus entitled to forage it was necessary to draw it in kind or in the specific articles permitted every month, and if not thus drawn it could not afterwards be claimed. There seems to be no such thing as commutation of forage in such cases.
There is no suggestion that the claimant named in this bill had or used any horses while in the service. If he did and paid for their maintenance and at the time of the settlement of his accounts made no claim for reimbursement, he presents a case of incredible ignorance of his rights or a wonderful lack of that disposition to gain every possible advantage which is usually found among those who deal with the Government.
It is quite apparent that the claim is not valid, and the fact that it is made long after the discovery of his deficit leads to the suspicion that it is insisted on merely for the purpose of paying his debt.
Though in this particular case it would do but little more than to extinguish an indebtedness to the Government, the allowance of this claim would set a precedent which could hardly be ignored, and which, if followed, would furnish another means of attack upon the public Treasury quite as effective as many which are now in active operation.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 5, 1886_.
_To the House of Representatives_:
I herewith return without approval House bill No. 7018, entitled "An act granting a pension to Aretus F. Loomis."
The Commissioner of Pensions, before he became aware of the passage of this bill, directed favorable action upon the application of the claimant pending in the Pension Bureau. A certificate has been issued for the payment of a pension to him, dating from September 30, 1882.
In the interest of the claimant I therefore withhold my signature from the bill, as the pension granted by special act would only date from the time of its passage.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 5, 1886_.
_To the House of Representatives_:
I herewith return without approval House bill No. 1818, entitled "An act granting a pension to H.L. Kyler."
A pension was granted to the person named in this bill, dating from September, 1864, for neuralgia and disease of the eyes.
He was mustered into the service, to serve one hundred days, May 14, 1864, and mustered out September 8, 1864.
In 1880 information reached the Pension Bureau that the pensioner was treated for neuralgia and disease of the eyes at various times between the years 1859 and 1864, and this fact appearing to the satisfaction of the Bureau upon the examination which followed, the pensioner's name was dropped from the roll.
Afterwards another thorough examination of the case was made, when the pensioner was permitted to confront the witnesses against him and produce evidence in his own behalf.
It is claimed that a Dr. Saunders, who testified to treating the pensioner before his enlistment, was exceedingly unfriendly; but he was corroborated by his son and by entries on his books. Another physician, apparently disinterested, also testified to his treatment of the pensioner in 1860 for difficulties with his eyes and ears. The pensioner himself admitted that he had trouble with one of his eyes in 1860, but that he entirely recovered. Six other witnesses testified to the existence of disease of the pensioner's eyes before enlistment.
Though twelve neighbors of the pensioner testified that he was free from neuralgia and disease of the eyes before enlistment, I am of the opinion that the evidence against the pension was quite satisfactory, and that it should not be restored, as the bill before me proposes.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 5, 1886_.
_To the House of Representatives_:
I return herewith without approval House bill No. 3640, entitled "An act granting a pension to James T. Irwin."
This claimant enlisted in February, 1864, and was mustered out June 10, 1865. He is reported as absent sick from August 20, 1864, until mustered out. He seems to have been treated for remittent fever, chronic diarrhea, general debility, and palpitation of the heart.
In 1876 he filed a declaration for pension, alleging that at Petersburg, July 1, 1864, he contracted fever and inflammation of the eyes.
He filed an affidavit in January, 1877, in which he states that his diseased eyes resulted from diseased nerves, caused by a wound received June 18, 1864, at Petersburg, and from a consequent abscess on the back of the neck.
In an affidavit filed in July, 1878, he states that in June, 1864, in front of Petersburg, he had his gun smashed in front of his face and his eyes injured, and afterwards he had an abscess on the back of his neck, typhoid fever, and disease of the left lung.
His claim founded upon these various allegations of injury was rejected in February, 1879.
In September, 1884, a declaration was filed for a pension, alleging disease of the heart contracted at Petersburg June 16, 1864.
The claimant was examined once in 1882 and twice in 1884 by United States examining surgeons and boards, and it is stated that these examinations failed to reveal any disease or disability except disease of the eyes and an irritable heart, the result of indigestion.
An oculist who made an examination in 1884 reported that the unnatural condition of claimant's eyes was congenital and in no manner the result of injury or disease.
Upon a consideration of the very short time that the claimant was in actual service, the different claims he has made touching his alleged disability, and the positive results of medical examinations, I am satisfied this pension should not be allowed.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 5, 1886_.
_To the House of Representatives_:
I return herewith without my approval House bill No. 5306, entitled "An act granting a pension to Roxana V. Rowley."
The beneficiary named in this bill is the widow of Franklin Rowley, who enlisted February 8, 1865, was promoted to first lieutenant March 13, 1865, and was discharged May 22, 1865, having tendered his resignation, as it is stated, on account of incompetency. His tender of resignation was indorsed by the commanding officer of his regiment as follows: "This man is wholly unfit for an officer."
It will be seen that he was in the service a little more than three months.
In 1880, fifteen years after his discharge, he applied for a pension, alleging that he contracted disease of the liver while in the service.
Upon an examination of the claim his attending physician before enlistment stated that as early as 1854 the claimant was afflicted with dyspepsia and functional disease of the liver; that he regarded him as incurable, so far as being restored to sound health was concerned, and that if he had been at home at the time when he enlisted he would have advised against it.
The testimony of this physician as to the claimant's condition after his discharge is referred to in the report of the Committee of the House to whom this bill was referred, and I do not understand that he is at all impeached. He certainly is better informed than any other person regarding the condition of the man who was his patient.
The soldier died in 1881, sixteen years after his discharge, and his widow filed her claim for pension in 1882, alleging that the death of her husband was caused by a disease of the liver contracted in the service.
Her claim was rejected in 1883 upon the ground that the disease of which her husband died existed prior to his enlistment.
I can not avoid the conclusion, upon all the facts presented, that his death was not chargeable to any incident of his brief military service.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 5, 1886_.
_To the House of Representatives_:
I herewith return without approval House bill No. 5021, entitled "An act granting a pension to Mrs. Margaret A. Jacoby."
A pension has been allowed on account of the disability of the claimant's husband, dating from his discharge in 1864.
The beneficiary named in this bill applied for pension in 1885, alleging that she married the soldier in 1864; that he incurred deafness and chronic diarrhea while in the service, from the combined effect of which he partially lost his mind; that on the 7th day of September, 1875, he disappeared, and that after diligent search and inquiry she is unable to learn anything of him since that time.
His disability from army service should be conceded and his death at some time and in some manner may well be presumed; but the fact that he died from any cause related to his disability or his service in the Army has no presumption and not a single particle of proof to rest upon.
With proper diligence something should be discovered to throw a little light upon this subject.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 5, 1886_.
_To the House of Representatives_:
I return without approval House bill No. 3304, entitled "An act to restore the name of Abner Morehead to the pension roll."
The person mentioned in this bill was pensioned in November, 1867, upon the claim made by him that in 1863, from hardship and exposure incident to camp life and field duty, he contracted a fever which settled in his eyes, almost wholly destroying his sight. Afterwards his pension was increased to $15 a month, dating from December, 1867, and arrears at the rate of $8 a month from February, 1864. In 1876 the case was put in the hands of a special agent of the Pension Bureau for examination, and upon his report, showing that the claimant's disease of the eyes existed prior to enlistment, his name was dropped from the rolls.
An application for restoration was made in 1879, and a thorough examination was made by a special examiner in 1885, who reported that the testimony taken conclusively established the fact that the claimant had disease of the eyes prior to the time of enlistment, the result of a disorder which he specifically mentions, and that he was treated for the same more than a year subsequently to 1860. He adds:
There is no merit whatever in this case, and it is evident that he obtained a large sum as pension to which, he must have known he was not entitled.
The results of these examinations, instituted for the express purpose of developing the facts, and with nothing apparent to impeach them, should, I think, control as against the statements of neighbors and comrades based upon mere general observation, and not necessarily covering the period which is important to the controversy.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 5, 1886_.
_To the House of Representatives_:
I herewith return without approval House bill No. 4782, entitled "An act granting a pension to Elizabeth McKay."
The beneficiary named is the widow of Rowley S. McKay, who in 1862 seems to have been employed as pilot on the ram _Switzerland_. He seems to have been upon the rolls of two other vessels of the United States, the _Covington_ and _General Price_, but was discharged by Admiral Porter in June, 1864, with loss of all pay and emoluments.
He filed an application for pension in 1870, alleging that while on duty as pilot and in action with the rebel ram _Arkansas_ his hearing became affected by heavy firing. He also claimed that in February, 1863, while on the vessel _Queen of the West_, she grounded, and to escape capture he got off and floated down the river on a cotton bale, and, being in the water about three hours, the exposure caused a disease of the urinary organs; and that a few days after, while coming up the river on a transport, the boat was fired into and several balls passed through his left thigh. It seems that this claim was not definitely passed upon, but it is stated that the records failed to show that McKay was in the service of the United States at the time he alleged the contraction of disease of the urinary organs and was wounded in the thigh.
The beneficiary named in this bill never made application for pension to the Pension Bureau, but it appears that she bases her claims to consideration by Congress upon the allegation that in 1862, while her husband was acting as pilot of the ram or gunboat _Switzerland_, he contracted chronic diarrhea, from which he never recovered, and that he died from the effects of said disease in May, 1874.
It will be observed that among the various causes which the soldier or sailor himself alleged as the grounds of his application for pension chronic diarrhea is not mentioned.
There does not appear to be any medical testimony to support the claim thus made by the widow, and the cause of death is not definitely stated.
Taking all together, it has the appearance of a case, by no means rare, where chronic diarrhea or rheumatism are appealed to as a basis for a pension claim in the absence of something more substantial and definite.
The fact that the claim of the beneficiary has never been presented to the Pension Bureau influences in some degree my action in withholding my approval of this bill.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 5, 1886_.
_To the House of Representatives_:
I return herewith without approval House bill No. 3623, entitled "An act granting a pension to William H. Nevil."
This bill directs that the name of the claimant be placed upon the pension roll "subject to the provisions and limitations of the pension laws."
This very thing was done on the 22d day of June, 1865, and the claimant is in the receipt at the present time of the full amount of pension allowed by our pension laws as administered by the Pension Bureau.
I suppose the intention of the bill was to increase this pension, but it is not framed in such a way as to accomplish that object or to benefit the claimant in any way whatever.
GROVER CLEVELAND.
EXECUTIVE MANSION, _July 5, 1886_.
_To the House of Representatives_:
I herewith return without approval House bill No. 1505, entitled "An act granting a pension to William Dermody."