By Mr. Bruce.. By Mr. Kirkwood... By Mr. Kellogg By Mr. Withers 582, 583 588,589, 601, 688, 689, 690, 691, 692, 697, 719, 850, 851, 863, 864 .......598, 599, 600, 602, 603, 627, 628, 629, 630, 631, 633, 718, 802, 803, 804, 807, 833 859, 861, 862 COMMITTEE ON CLAIMS. By Mr. McMilian. By Mr. Mitchell.. By Mr. Cameron, of Wisconsin.. By Mr. Hoar By Mr. Cockrell. By Mr. Harris.... By Mr. Morgan 564, 695, 857, 858 .550, 551, 552, 558, 751, 755, 789, 818, 819, 820, 821, 822, 823, 836, 837, 838, 839, 840, 845, 848, 849, 853 COMMITTEE ON PATENTS. JOINT COMMITTEE TO CONSIDER THE EXPEDIENCY OF TRANSFERRING THE INDIAN By Mr. Saunders. 693 SELECT COMMITTEE TO INVESTIGATE AND REPORT THE BEST MEANS OF PREVENTING By Mr. Harris. 734 SELECT COMMITTEE ON THE LEVEES OF THE MISSISSIPPI RIVER. By Mr. Bruce. 760 SELECT COMMITTEE TO INVESTIGATE AND REPORT HOW OR IN WHAT MANNER A SECTION IN THE BILL (H. R. 5130; KNOWN AS THE SUNDRY CIVIL BILL, RELATING TO THE HOT SPRINGS OF ARKANSAS, PASSED AT THE LAST SESSION OF CONGRESS, By Mr. Teller (in 2 parts) (Part 1, Louisiana.) (Part 2, South Carolina and Mississippi.) 855 SELECT COMMITTEE TO INQUIRE INTO CERTAIN MATTERS TOUCHING THE LATE PRESI- DENTIAL ELECTION IN LOUISIANA. 3 3d Session. IN THE SENATE OF THE UNITED STATES. DECEMBER 10, 1878.-Ordered to be printed. No. 547. MR. COCKRELL, from the Committee on Military Affairs, submitted the following REPORT: [To accompany bill S. 833.] The Committee on Military Affairs to whom was referred a bill (S. 833) for the relief of James E. Macklin, lieutenant Eleventh Infantry, U. S. A., have had the same under consideration and submit the following report: This is a bill which, in fact, proposes to restore Lieutenant Macklin to his lineal rank and standing on the roster of second lieutenant in the army, held by him prior to his dismissal from the Army by sentence of a court-martial, duly approved by the President and carried into effect. This officer was dismissed the service upon conviction of drunkenness on duty, to date from November 20, 1876, but was reappointed a second lieutenant January 12, 1877, upon the ground that his sentence was too severe for the offense committed, considering the circumstances and his previous record. He now seeks to be placed back to rank as if he had not been dismissed or reappointed. The following are the reports of the Secretary of War and AdjutantGeneral Townsend in reference to this case, with accompanying documents, indorsed, &c., as transmitted to the House of Representatives: WAR DEPARTMENT, WASHINGTON CITY, February 13, 1878. The Secretary of War has the honor to transmit to the House of Representatives, for the Committee on Military Affairs, in response to the request of Hon. G. G. Dibrell, chairman of sub-committee, a report of the Adjutant-General in the case of James E. Macklin, late second lieutenant Eleventh United States Infantry. The SPEAKER of the House of Representatives. GEO. W. MCCRARY, [General Court-Martial Orders No. 166.] HEADQUARTERS OF THE ARMY, I-Before a general court-martial which convened at camp on Rosebud Creek, Montana Territory, August 6, 1876, pursuant to Special Field Orders No. 37, headquarters Department of Dakota, in the field, mouth of Rosebud Creek, Montana Territory, August 5, 1876, and of which Maj. James S. Brisbin, Second Cavalry, is president, was arraigned and tried Second Lieut. James E. Macklin, Twenty-second Infantry. CHARGE.-"Drunkenness on duty." Specification." In that he, Second Lieut. James E. Macklin, Twenty-second Infantry, having been duly detailed as officer of the guard, did, while acting in such capacity, become drunk. This at or near camp on Yellowstone, near Rosebud River, on or about the 4th day of August. 1876." To which charge and specification the accused, Second Lieut. James E. Macklin, Twenty-second Infantry, pleaded "Not guilty.” FINDING. The court, having maturely considered the evidence adduced, finds the accused, Second Lieut. James E. Macklin, Twenty-second Infantry, as follows: Of the specification, “Guilty.” Of the charge, "Guilty." SENTENCE. And the court does therefore sentence him, Second Lieut. James E. Macklin, Twenty-second Infantry, "To be dismissed the service of the United States." II.-In conformity with the 106th Article of War, the proceedings of the general court-martial in the foregoing case of Second Lieut. James E. Macklin, Twenty-second Infantry, have been transmitted to the Secretary of War, and by him submitted to the President, who approves the proceedings, findings, and sentence, and directs the sentence to be executed. III.-Second Lieut. James E. Macklin, Twenty-second Infantry, ceases to be an officer of the Army from the date of this order. By command of General Sherman: THOMAS M. VINCENT, [General Court-Martial Orders No. 4.] HEADQUARTERS OF THE ARMY, In the case of James E. Macklin, late second lieutenant Twenty-second Infantry, sentenced by a general court-martial "To be dismissed the service of the United States' (General Court-Martial Orders No. 166, Headquarters of the Army, Adjutant-General's Office, October 18, 1876), the Secretary of War directs that, in view of the circumstances of the case, the dismissal of Lieutenant Macklin shall take effect November 20, 1876, the date on which he received the order. By command of General Sherman: The Hon. the SECRETARY OF WAR: E. D. TOWNSEND, WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, Washington, February 8, 1878. SIR: I have the honor to return herewith letter of the 31st ultimo, from Hon. G. G. Dibrell, of the Committee on Military Affairs, House of Representatives, requesting information in connection with a bill (H. R. 1191) for the relief of James E. Macklin, lieutenant Eleventh Infantry, and to submit the following: James E. Macklin served as an officer of volunteers, from August 19, 1862, to June 30, 1865. He was appointed second lieutenant Thirty-first Infantry August 9, 1867; became unassigned May 15, 1869; was assigned to the Twenty-second Infantry July 14, 1862, and was dismissed October 18, 1876, having been found by a general courtmartial guilty of "drunkenness on duty," while officer of the guard. See General Court-Martial Orders No. 166, series of 1876, from this office. Copy herewith. The dismissal was amended to date November 20, 1876, by General Court-Martial Orders No. 4, series of 1877, from this office. Copy also herewith. The offense for which he was dismissed is the only one borne against his record. At the time of dismissal, Lieutenant Macklin stood second on the list of Second Lieutenants of the Twenty-second Infantry, and had he not been dismissed he would now be the senior second lieutenant of that regiment. He was re-appointed a second lieutenant in the Eleventh Infantry January 12, 1877. His reappointment was made on the ground that his sentence was a severe punishment for his offense, considering the circumstances and his previous record. He was appointed in the Eleventh Infantry for the reason that there was no vacancy in his former regiment, the twenty-second; the vacancy made by his dismissal having been filled. The object of the bill under consideration is to restore to him the lineal rank he lost by his dismissal, and it directs the Secretary of War to so restore him, i. e., to put him back in the Twenty-second Infantry in his "original position." This could only |