Congressional Serial Set (1586)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 Excerpt: ... States on the 28th of September, 1864; that one John Smith was mustered into the service as a substitute for said Lakin; that through the mismanagement of the Government officials he was retained in the service, performed the required duties until discharged by reason of bad health, &c, and he therefore claims $1,000, tbe amount, as he says, paid by him to said Smith as a substitute. From the papers it appears that petitioner was drafted into the service as stated. Also, that Smith was, on the 10th of October, 1864, mustered in as petitioner's substitute, and served until his death, April 30,1865. It also further appears that, under Special Orders No. 61, dated February 7,1865, Lakin was, on the 14th of that month, mustered out of the service. He was drafted for one year. This claim was submitted to the Adjutant-General United States Army, and rejected as not coming within the provisions of the acts of February 28,1867, or March 1, 1869, providing for the return of commutation money. And this is all the evidence; commenting upon which, we think this claim should be rejected upon several grounds: 1. There is no testimony aside from petitioner's statement--and that not very clear in its account--that he paid the substitute $1,000, or any other sum. 2. There is nothing whatever tending to support the statement that he was retained in the service by reason of the mismanagement of the Government officials. His detention may have resulted from his own want of diligence, the delay or want of attention to duty on the part of the substitute, or both. There is as much to support this latter hypothesis as that of the petitioner. Then, too, he had the benefit of the substitute's service from February 14 to April 30, 18C5. 3. There is no law or regulat...