be
dishonorably discharged and confined at hard labor for twelve months.
This sentence was approved by the reviewing authority, and I assume the
convicted soldier served his term of imprisonment, since the statement
contained in the report of the House committee to whom this bill was
referred that he was dishonorably discharged in 1865 can be accounted
for in no other way.
It seems to me that the provisions of this bill amount to a legislative
reversal of the judgment of a regularly constituted court and a
legislative pardon of the offense of which this soldier was convicted.
If this doubtful authority is to be exercised by Congress, it should be
done in such a manner as not to restore a man properly convicted and
sentenced as a deserter, without even the allegation of injustice,
to the rights of pay, allowance, and pension belonging to those who
faithfully and honorably served in the military service of their
country according to the terms of their enlistment.
GROVER CLEVELAND.
EXECUTIVE MANSION, _February 20, 1895_.
_To the Senate_:
I return herewith without approval Senate bill No. 1526, entitled "An
act for the relief of Henry Halteman."
This bill directs the Secretary of War "to grant an honorable discharge
from the United States service to Henry Halteman, late of Company F,
Second United States Artillery."
It is conceded that this soldier enlisted in the Regular Army on the
18th day of December, 1860, for the term of five years and that he
deserted on the 18th day of August, 1865. The only excuse or palliation
offered for his offense is found in the statement that his desertion
was provoked by his company's being ordered to California so near the
termination of his enlistment that his term would have expired before
or soon after his company could have reached California, and "that his
return would have been both tedious and somewhat perilous, if not
expensive."
The fact must not be overlooked that this soldier enlisted in the
Regular Army and that his term had no relation to the duration of the
war or the immediate need of the Government for troops at the time of
his desertion. The morale and discipline of the Regular Army are
therefore directly involved in the proposed legislation.
The soldier's name remained on the records of the War Department as
a deserter at large for twenty-three years, and until the year 1888.
In August of that year application was made to the Department for the
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