process of erection, in which service, in conjunction with daily drill, the said force continued till the 13th day of January, 1863, on which day there was a reorganization of the said force and muster into service. Affiant further says that large numbers of the men recruited for said regiment deserted at various times previous to muster of said regiment, because of the non-payment and muster of said men and the uncertain policy as to the recruitment of colored troops; that because of these desertions a consolidation was necessary and was made, whereby this affiant was mustered into the service as first lieutenant. Affiant further says that, for the whole of the aforesaid period, the men recruited by affiant were paid for their service, fed and clothed and armed by the Government, and that affiant, with his men, were all that time in severe service, or active in camp or field; that affiant has never been paid for his said service, and that he is now entitled to be mustered for such pay and allowances. Affiant further says that said service was rendered under authority of Hon. James H. Lane, recruiting commissioner; that he held a commission therefor, signed by him; that the same was lost with other company books and papers on the retreat of General Steel's command from Camden, Arkansas, on or about the 1st day of May, 1864, said books and papers being lost or destroyed through no fault of affiant. Affiant further says he also held a commission from Captain H. C. Seaman, recruiting under authority of Hon. James H. Lane." A claim for these services was presented to the War Department. The result is contained in the following letters: WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, SIR: The claim of Elkanah Huddleston, late first lieutenant Seventy-ninth United States colored troops, for compensation for services said to have been rendered under a recruiting appointment, as second lieutenant in said regiment, prior to his muster into service, having been referred by the Second Auditor of the Treasury to this Department, I am directed to inform you that, in order to an adjustment of said claim, it must be shown that the service, for which pay is claimed, was rendered under an appointment given by competent authority. Captain H. C. Seaman, Fifth Kausas cavalry, from whom the applicant claims to have received a recruiting commission, as second lieutenant, was not authorized by competent authority to make appointments, and appointments made by him cannot be recognized. The papers in the case of Lieutenant Huddleston are returned herewith. C. W. FOSTER, Assistant Adjutant General Volunteers. WAR DEPARTMENT, ÁDJUTANT GENERAL'S OFFICE, SIR: Referring to your letter of the 8th ultimo, submitting certain evidence with a view to the muster of Elkanah Huddleston, as a recruiting lieutenant for the First Kansas colored volunteers, I have to state that the authority under which the service was performed is not such as to warrant this office in mustering the officer for the pay claimed. A claim for reimbursement for money expended will be considered when filed by the claimant, or his duly authorized attorney, with proper vouchers, supported by the receipts of the persons to whom the money was paid. Very respectfully, H. SPAULDING, Esq., THOMAS M. VINCENT, Attorney, room 11, Intelligencer Building, Washington, D. C. There is a hardship in denying to a gallant soldier remuneration for valuable services performed in apparent good faith; but it will not do well to allow persons, however loyal and patriotic, to enter the service irregularly and without competent authority. Such a course would not only involve confusion and disorder in the field, but it would lead to frands and forgeries on the Treasury. Regretting that such considerations of public policy may, in this individual instance, operate harshly, the committee are nevertheless constrained to report adversely on the said petition, and they therefore ask to be discharged from the further consideration thereof. CONGRESS IN THE SENATE OF THE UNITED STATES. JANUARY 31, 1871.—Ordered to be printed. Mr. SPRAGUE made the following REPORT: [To accompany bill H. R. No. 2718.] The bill is for the relief of the widow of a soldier, giving ten months captain's pay and allowances, deducting therefrom the pay of a private. The claimant's husband stood on the roll of the Seventh Tennessee` volunteers as a private. She drew a private's pension. Subsequently her name was placed on the pension rolls to draw a captain's pension. See special act approved July 18, 1868. This act was passed because her husband was designated as a captain by the person authorized to raise the regiment, and because, when he was released from captivity, he received a captain's exchange. The regiment was never raised, therefore never organized. The favorable report of the House committee, and the favorable action of the House, was, to some extent, predicated on the supposition that claimant was still drawing a private's pension. Under the circumstances, the Committee on Claims cannot recommend favorable action on the House bill, and recommend it be indefinitely postponed. |