3d Session.

IN THE SENATE OF THE UNITED STATES.

No. 571.

JANUARY 14, 1879.-Ordered to be printed.

Mr. COCKRELL, from the Committee on Military Affairs, submitted the following

REPORT:

[To accompany bill H. R. 556.]

The Committee on Military Affairs, to whom was referred bill (H. R. 556) for the relief of James A. Hile, of Lewis County, Missouri, have duly considered the same, and submit the following report:

This bill directs the Secretary of War to issue to said Hile, late a private in Company F, Twenty-first Missouri Infantry, volunteer regiment, an honorable discharge from the service, and to so amend the record of this soldier as to show that he is no deserter, and to give him the pay and bounty due, deducting the time of his absence.

A similar bill passed the Forty-fourth Congress, and was sent to the President, and by him vetoed, as shown by the following executive doc

ument:

[House Ex. Doc. No. 149, 44th Congress, 1st session.]

Message from the President of the United States returning without his approval H. R. No. 83, being a bill for the relief of James A. Hile, and stating his reasons therefor.

MARCH 27, 1876.-Referred to the Committee on Military Affairs and ordered to be printed.

To the House of Representatives:

I have the honor to return herewith, without my approval, House bill No. 83, entitled "An act for the relief of James A. Hile, of Lewis County, Missouri," for the reasons set forth in the accompanying communication of the Secretary of War. EXECUTIVE MANSION,

U. S. GRANT.

March 27, 1876.

WAR DEPARTMENT, Washington City, March 25, 1876.

SIR: I have the honor to return act H. R. 83, with the following report from the Adjutant-General:

"It appears from the records of this office that James A. Hile, private Company F, Twenty-first Missouri Volunteers, enlisted July 15, 1861; deserted June 14, 1862; returned August 2, 1862; was restored to duty by Special Order No. 38, headquarters District of Columbia, Department of Tennessee, dated Columbus, Ky., February 26, 1863. He re-enlisted February 28, 1864, as a veteran volunteer; was tried by general court-martial for absence without leave from November 25, 1864, to December 13, 1864, and sentenced to forfeit all pay and allowances for time absent, by General Order No. 4. headquarters Second Division Sixteenth Army Corps, dated May 22, 1865.

"On the muster-out roll of company dated April 19, 1866, he is reported, Deserted March 1, 1866, at Bladen Springs, Ala.'

"This man, in his application to this office for discharge, stated under oath (affidavit dated July 27, 1870) that he left his command without leave and returned to his home February 28, 1866, having previously applied for a furlough, which was refused. "This man, according to his own statement under oath, did desert as reported, and, if this bill becomes a law, it will be an injustice to every soldier who served honorably with his command until his services were no longer required by the government, in

addition to falsifying the record, as the bill directs the record shall be made to show he is no deserter.

"This is only one of many similar cases."

The remarks of the Adjutant-General adverse to the passage of the bill are concurred in.

Very respectfully, your obedient servant,

The PRESIDENT.

ALPHONSO TAFT,
Secretary of War.

No further action was had in the Forty-fourth Congress. During the present Congress this bill passed the House and was duly referred to your committee.

The evidence submitted to your committee consists of the affidavits and certificates of David Danforth, late second lieutenant Company F, Twenty-first Missouri Infantry Regiment; James Walker, a private in same company; Charles Youst, captain of Company A, in same regiment; August Gloser, first lieutenant Company A, in same regiment; A. S. Potts, a citizen of Canton, Mo.; and D. Moore, late colonel of said regi

ment.

These affidavits and certificates in the order above named are as follows:

No. 1.

Certificate of David Danforth, second lieutenant Company F, Twenty-first Missouri Volunteers, STATE OF MISSOURI, County of Lewis, 88:

Personally appeared before me, Ben. Kell, a notary public in and for Lewis County, David Danforth, late a lieutenant of Company F, Twenty-first Regiment of Missouri Volunteers, who upon his oath states that he was well acquainted with James A. Hile, a private of his Company F, and Twenty-first Missouri Volunteers; that he enlisted in Missouri at Canton, Lewis County, in the year 1861, and that he belonged to said company during the whole war. Said regiment was mustered out of the service at Fort Morgan, Alabama, in the spring of 1866; that he was twice reported absent without leave, but upon trial by courts-martial his absence was ascertained had occurred by accident, but he was restored to duty with loss of pay during absence; that the said Hile re-enlisted as a veteran, and was a dutiful, brave soldier, and that he was in all the battles of which his regiment participated, and that while at Mobile, Ala., he became afflicted with a severe pain in the head while doing guard duty at military prison, which resulted in the loss of sight of right eye, and the left eye sore and badly damaged, to the effect that he was not fit for duty, and he made application for furlough, but at that time no furloughs were being granted, and he left, as he stated, to procure medical aid, and he could get no relief, and soon after he became totally blind, and has remained so ever since; and that he should have had a furlough all his officers agree; and further, he should have been discharged honorably from the service. It was well known in his regiment the object of his going, and that although his record upon the rolls of his company show him a deserter, that it was his misfortune and not his fault, and that all who know him sympathize with him, and that he is wholly dependent upon charity, and that he has no income or means of support. All of which is respectfully submitted.

DAVID DANFORTH.

Subscribed and sworn to before me, a notary public duly commissioned, March 16, 1875, term expiring March 6, 1879.

In witness whereof I have set my hand and seal this April 2, 1877.

Certificate.

BEN. KELL.
Notary Public

OFFICE OF THE CLERK OF THE COUNTY COURT.

STATE OF MISSOURI, County of Lewis, 88:

I hereby certify that Ben. Kell, before whom the foregoing affidavit was made, and who has thereunto subscribed his name, was at the time of so doing a notary publi in and for the county aforesaid, duly commissioned and sworn, and that his signature thereto is genuine.

In testimony whereof, I have hereunto set my hand and affixed the seal of my office, as clerk of the county court for the county aforesaid, this 24th day of April, 1877. [SEAL.] W. G. WATSON, Clerk,

No. 2.

Certificate of James Walker, private Company F, Twenty-first Missouri Volunteers.

STATE OF MISSOURI,

County of Lewis, 88:

Personally appeared before me, Ben. Kell, a notary public in and for Lewis County, James Walker, late a private of Company F, Twenty-first Regiment of Missouri Volunteers, who, upon his oath, states that he was well acquainted with James A. Hile, a private of Company F, Twenty-first Missouri Volunteers: that he enlisted in Missouri, at Canton, Lewis County, in the year 1861, and that he belonged to said company during the whole war. Said regiment was mustered out of the service at Fort Morgau, Ala., in the spring of 1865; that he was twice reported absent without leave, but upon trial by courts-martial his absence was ascertained had occurred by accident, but he was restored to duty with loss of pay during absence; that the said Hile was absent from about June 14, 1862; returned Angust 2, 1862. I well remember the time; was sick all the time that he was absent with the small-pox; was restored to duty by special order; that he was absent from about November 25, 1834, to December 13, 1864; that the said Hile was no deserter this time. I well remember the time; we had crossed the State of Missouri to Kansas and back to Saint Louis on a forced march; we were all footsore and tired; there were orders for the corps to go to Nashville, Tenn., and as he started he with others made inquiry as to the time the boats would leave, and it was understood that it would be three hours before they would leave Saint Lonis; he was up in the city about one and a half hours, when he came back to the river and found that he was left, with at least fifty others of his regiment; that his gun and all his things were on the boat; that he caine on as fast as he could there can't be any doubt, as he came up with his command at Nashville, Tenn., as much as five or six days before the battle in December, 1854, at Nashville, Tenn.; that he had a hard time of getting to his command, as he had to go through the enemy's country as much as 100 miles; the country was full of guerrillas, and it was considered a very dangerous trip; that the said Hile re-enlisted as a veteran, and was a dutiful, brave soldier, and that he was in all the battles of which his regiment participated; and that while at Mobile, Ala., he became afflicted with a severe pain in the head while doing guard duty at military prison, which resulted in the loss of sight of right eye, and the left eye sore and bady damaged to the effect that he wasn't fit for duty, and he made application for furlough, but at that time no furloughs were being granted, and he left us; all his company, officers included, knew of his going home, and there wasn't any objections much to his going home, as he stated, to procure medical aid, and he could get no relief, and soon after he became totally blind, and has remained so ever since, and that he should have had a furlongh all his officers agree; and further, he should have been discharged honorably from the service. It was well known in his regiment the object of his going, and that although his record upon the rolls of his company show him a deserter, that it was his misfortune and not his fault, and that all who know him sympathize with him, and that he is wholly dependent upon charity, and that he has no income or means of support.

All of which is respectfully submitted.

Subscribed and sworn to before me this May 4, 1877. [SEAL.]

JAMES WALKER.

BEN. KELL,
Notary Public.

Duly commissioned March 16, 1875; term expires March 6, 1879.

No. 3.

Affidavit of Charles Youst, in the Hile case.

STATE OF MISSOURI, County of Lewis, 88:

Personally appeared before me Charles Youst, a citizen of this county and State, and with whom I am personally acquainted, and who, upon his oath, states as follows: I was captain of Company A, Twenty-first Regiment Missouri Volunteers, in the late war of the rebellion. I served in that company and regiment from June, 1861, until 1866. I was acquainted with James A. Hile of Company F, Twenty-first Regiment. Through all these years he was a private of that company and regiment. On or about November 25, 1864, Private James A. Hile was left, by accident, in Saint Louis, with others, and joined his regiment December 13, 1864, being absent about eighteen days; he was marked absent without leave; was tried by general court-martial for absence

without leave, and sentenced to forfeit all pay and allowance for time absent. In this instance Hile used every exertion to join his regiment at the earliest moment, as he went on foot from the mouth of the Cumberland River to Nashville, through the enemy's country. I fully believe Hile contracted disease which caused him to become totally blind in the service and line of duty, and would most respectfully request that he be restored and receive the pension due as others in his present situation. I have no interest directly or indirectly in his claim. CHARLES YUST,

Late Captain Company A, Twenty-first Regiment Missouri Infantry Volunteers. Sworn to and subscribed before me this 6th day of December, A. D. 1877; and I further certify that I have no interest in the above case or claim of James A. Hile, and that my commission as notary public will expire December 19, 1882. [SEAL.] J. W. BARRETT,

No. 4.

Notary Public.

Affidavit of August Gloeser, in the Hile case.

STATE OF MISSOURI,
County of Lewis, 88:

Personally appeared before me August Gloeser, a citizen of this county and State, and with whom I am personally acquainted, and who, upon his oath, states as follows: I was first lieutenant of Company A, Twenty-first Regiment Missouri Volunteers, in the late war of the rebellion; I was acquainted with James A. Hile, of Company F, Twenty-first Regiment. On or about June 14, 1862, he was absent until August 2 1862; his absence was on account of sickness from small-pox, and was returned to duty by special order. I was well acquainted with James A. Hile's father, mother, and three of his brothers; I knew them well for about twenty-five years. Í never knew any of his family ever complaining of their eyes being in any way whatever impaired. I can safely say I believe that Mr. Hile's eyes became blind by exposure while in the Army. I recollect in March, 1866, that the said Hile came home nearly blind. The said Hile first enlisted in the home guards, when our homes were in danger; and at that time never expected pay.

AUGUST GLOESER.

Sworn to and subscribed before me this 7th day of December, A. D. 1877. And I further certify that I have no interest in the claim of James A. Hile, nor in the prose cution of the same, and that my commission as notary public bears date December 19, 1876, and will expire December 19, A. D. 1882. [SEAL.]

J. W. BARRETT, Notary Public. Certificate of official character as notary public on file in department at Washington, D. C. J. W. BARRETT.

No. 5.

Certificate of A. S. Potts, of Canton, Mo.

STATE OF MISSOURI,
County of Lewis, 88:

Personally appeared before me, J. W. Barrett, a notary public in and for Lewis County, Andrew S. Potts, who upon his oath states that he is and was well acquainted with James A. Hile, a private of Company F, Twenty-first Regiment of Missouri Volunteers that he enlisted in the year 1861, at Canton, Lewis County, Missouri. I have known James A. Hile ever since he was a child, and I knew his father and mother and three sisters and three brothers for the last thirty years, and I never knew one of the family to be afflicted with sore eyes. I was well acquainted with the Twenty-first Regiment of Missouri Volunteers, as it was organized in Canton, Mo., in 1861, and I knew most all the officers and at least one-half of the privates, and I have taken the greatest of pains to find out from both officers and enlisted men the facts in the case of James A. Hile being absent from his command, and after eleven years' inquiries from at least twenty officers and as many as sixty enlisted men of his regiment, I haven't found one out of the whole number that does not say that he was a brave and good soldier, and that he should have had an honorable discharge for disability at Mobile, Ala., in the year 1866, as it was well known in his regiment at that time that

one eye was blind and the other eye was badly damaged, to the extent that he was not fit for duty; and at that time he received a letter from home stating that his mother was dead and his father was not expected to live, and requesting him to come home; that he showed the letter to his officers and others of his company. I am and have been informed by officers and others of the regiment, besides his statement, that he did show the letter to his officers and comrades, and then he made application for furlough, but at that time no furloughs were being granted, and he left, as he stated, to see his father and get medical aid. I well remember the time when he came home. I met him as he came off a steamboat at Canton, Mo., and he was almost blind, so much so that I noticed him feeling his way off the boat; and I asked him if he had a furlongh and he said he did not; that they would not give him one, as there were so many of the boys that claimed that their time was out and the war was over, and that a good many had gone home and left the regiment; that he thought that was the reason they would not give any more furloughs; that he had done duty rather than go to the hospital; that he was fearful of losing both eyes if he staid there; that he had come home to see his father and get medical aid for himself, and that he intended to go back to his regiment in ten days; that his officers knew and connived at his coming home, and the reasons why he came home; that they made no objections to his coming home; that in a short time after he came home the regiment was mustered out of the service; and soon after James A. Hile became entirely blind and has remained so ever since. General D. Moore, who was the colonel of the Twenty-first Missouri Volunteers, has told me several times that if he could have had a regiment like James A. Hile he could have went through the rebel army at any place.

All of which is respectfully submitted.

A. S. POTTS.

Sworn to and subscribed before me this 1st day of October, A. D. 1877; and I further certify that said A. S. Potts is a credible witness, and that I have no interest in the elaim of Jas. A. Hile.

Witness my hand and official seal.

[SEAL.]

No. 6.

J. W. BARRETT,

Notary Public.

Statement of D. Moore, late colonel Twenty-first Regiment Missouri Volunteers.

To all whom it may concern:

CANTON, MO., October 1, 1877.

I have the honor to state that I am and have been for seventeen years acquainted with James A. Hile; he was a private of Company F, Twenty-first Regiment Missouri Volunteers. He enlisted at Canton, Mo., in the year 1861 and remained with his regiment until 1866. Hile was a dutiful soldier and obedient to orders. He was twice absent without leave, and, as I fully believe, by accident, and was restored to duty by order of a court-martial with loss of pay while absent. During the last year of the war he was suffering from sore eyes and was not in a condition to do duty only through great pain, and from which affliction he became totally blind. About two months before his regiment was mustered out Private Hile absented himself, as he alleged, and as I believe, to seek relief for his eyes, but he became totally blind and remains so now. I am well acquainted with his officers who have testified in his case and whose affidavits I have exainined with care. I know them to be persons of truth and veracity. In view of all the facts, from my own knowledge and from the statements of his officers under oath which I have examined, I fully believe Hile should have had an honorable discharge, as he participated in all the battles of his regiment and was a brave and gallant soldier; but at the time of his misfortune no furloughs were granted, and I feel that his record of desertion is a great hardship. All of which is respectfully submitted.

D. MOORE,

Late Colonel Twenty-first Regiment Missouri Volunteers.

Your committee have set out the evidence in full to explain the record, as reported by the Adjutant-General in the veto message of the President. The evidence does not conflict with the record, but fully explains the seemingly damaging nature of certain parts of it.

The record and the evidence agree that James A. Hile was enlisted as a volunteer on July 15, 1861, for three years or during the war, and was honorably discharged and re-enlisted as a veteran volunteer February 27, 1864. His certificate of discharge by reason of re-enlistment as a veteran volunteer is as follows, to wit: