HOUSE OF REPRESENTATIVES, Feb, iu, i864Ordered
to be printed.
REPORT
OP
(WITH ON DECEASED SOLDIERS' CLAIMS.
The committee, to whom was referred the resolution in regard to
the delay in the payment of deceased soldiers' claims, direct me to
report that they have had the same under consideration, have sought
informaion from the various sources whence it could be obtained, and
have come to the following conclusions:
1. That from the large amount of business accumulated in the
Second Auditors Office, where these claims are settled, it will be for
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the.public good that a new and separate office be created, and charged
exclusively with the settlement of this diss of claims,
2. That the delays to which this class of claims have hitherto been
subjected, have been caused by want of evidence of the time of enlist-
raent or enrollment of the soldier, the date of his last payment and of
his death. The pay-rolls of a large number of companies, battalions
and regiments have not been returned to the Adjutant General's
office, by the officers in command. Many of these rolls have, by the
casualties of war, been- lost, and cannot be supplied without great
dilay. We, therefore, suggest that some mode of authenticating the
facts necessary to audit these claims should be adopted, that no further
delay from this cause may attend the settlement of this large and
meritorious class of claimants mostly composed of the widows and
orphans of the gallant dead. To effect this, we believe suitable agents
may be selected who shall visit the armies and obtain, by affidavit, the
facts necessary to a settlement of those claims, from officers and sol-
diers who can verify the facts required; to ascertain the same from
the records of hospitals or. any other source, the time of the death of
the soldier, and whatever else may be wanting in the adjustment of
these claims.
3. The committee further report, that the number of claims of this
class which had been filed in the Second Auditor's office up to the 31st
December last, is foity-two thousand four hundred and thirty-three,
and that the number daily coming in is rapidly on the increase. The
number settled up to the same time is eleven thousand six hundred
and fifty-one—leaving as unsettled on that day thirty thousand seven
hundred and eighty-two. A considerable number of those settled are
still in the office, owing to a want of information, as to where the
certificates should be sent. The rapid increase in the number of these
claims, and the large number yet to be received, if we are to expect
applications to be made commensurate with the number of soldiers
who have died, will require, not only a large clerical force in this
department, but intelligent, devoted and untiring industry in the
higher officers, charged with the direction of this department.
4. We recommend that the law be so amended as to include the
brothers and sisters of deceased soldiers, where there is neither wife,
children, father or mother.
5. We feel that we cannot too strongly urge on Congress the neces-
sity of prompt action in passing such legislation as may be necessary
to facilitate the speedy settlement of these claims. There can be no
claims of such dignity against the Government. They rest on the
highest patriotism and the noblest devotion to the country. More.
This pittance is all that the Government can give to the widows and
orphans, to the brave men who have contributed so much to establish
and maintain the liberty we now enjoy.
W. W. CLARK, Chairman.
February 2, 1864.
[House Bill ]
HOUSE OF REPRESENTATIVES, Feb. 10, 1864.—Read first
and second times, postponed, placed on the Calendar, ordered to be
printed, and made special order for Saturday morning next.
[By Mr. Clark, from Committee on Deceased Soldiers' Claims.]
A. BILL
To be entitled " An Act to facilitate the settlement of claims of
deceased officers and soldiers.
1 Section 1. The Congress of the Confederate States of America do
2 enact, That there shall be appointed by the President, by and
5 with the advice and consent of the Senate, an additional officer
4 for the Treasury Department, to be called the fourth Auditor of
o the Treasury, who shall be charged with the auditing of the claims
6 of deceased officers and soldiers in accordance with the laws relat-
7 ing thereto, and who shall receive for his services a salary of
8 dollars per annum; and the clerical force in said office shalPcon-
9 sist of one chief clerk, with a salary of dollars per annum;
10 and a register with a salary of dollars per annum; and one
11 superintendent of division for each State, with a salary of
12 dollars per annum each; and such other clerical force as may be
13 deemed necessary by the Secretary of the Treasury to expedite
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the business of this Bureau, and with such salaries as are now
allowed to similar clerkships in the other Auditor's offices.
Sec. 2. Be it fwither enacted, That the office of the fourth
Auditor shall be divided into separate divisions of claims for
each State, with a superintendent for each division: Provided,
That the claims for the States of Arkansas, Missouri, Kentucky,
Maryland and Tennessee, shall be included in the division for
Tennessee, and shall be under the charge of the superintendent
for that State, and that each of said superintendents shall be a
citizen of the State represented by his division, and shall be
selected with strict reference to his experience and qualifications
> in his department.
Sec. 3. Be it further enacted, That the claims filed from any
State shall be settled in the division for such State, in accordance
with the laws and rules heretofore controlling in the office of the
second Auditor, and in accordance with such orders and regula-
tions as may be hereafter issued and approved by the Secretary
of War: Provided, That the fourth Auditor shall have discre-
tionary power, equitably, to determine and amend immaterial
omissions or points of evidence, when satisfied of the justice
thereof, so as to avoid the suspension of claims for trivial causes :
Provided farther, That the claims, when so settled, shall not be
subjected to reference or the revision of any other officer of the
Government whatever.
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Sec. 4. JBe further enacted, That the Fourth Auditor and
the Superintendent of the Division for each State shall have free
access to the rolls, records, books, &c., in any of the Depart-
ments for the use of said Division; and it shall be the duty of
the Quartermaster General to file the pay rolls received in his
office in the office of the fourth Auditor, to be used in the divi*
sions for the States to which the troops so paid belonged, as soon
after the reception thereof as the business of his office will
permit; and the superintendents of said divisions shall classify
the same according to the companies, battalions, regiments, &c.,
from said State, and keep the same separately for such compa-
nies, battalions, &e., in order for convenient access thereto.
Sec. 5. Be it further enacted, That the fourth Auditor shall
immediately cause each State division to be provided with a book
of record, showing the name, rank, company and regiment of
every officer or soldier who has died or been killed in the service
of the Confederate States from each State, and also showing the
date, cause and place of death, and his last payment, and by
whom, with payment for bounty and other allowances, and exhi-
biting a final statement of amount due from or to the Confederate
States for all pay, clothing, bounty, allowances, or receipts, on
account of such deceased soldier; and to enable the fourth
Auditor to perfect said books of record speedily, it is hereby
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made the especial duty of all officers of Government whatsoever
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13 to respond instantly and fully, as far as their reeords will per-
14 mit, to any calls for such information from the fourth Auditor;
15 and, for said purpose, the fourth Auditor is hereby further
16 authorized to send an agent for each State to the troops in the
17 field from said State, and to whom transportation for this purpose
18 shall be granted, to obtain from the various commanders final
19 statements of deceased soldiers, and said lists, when so obtained,
20 shall be taken and used as evidence in the settlement of claims:
21 Provided, That where such cannot be or have not been ascer-
22 tained, the fourth Auditor shall have and exercise the equitable
23 discretionary power named in the third section of this act, the
24 intent and meaning of which is to facilitate the settlement of the
25 claims of deceased soldiers without delay.
1 Sec. 6. Be it further enacted, That where any State shall,
2 by legislative enactment, cause the appointment of a special
3 agent to adjust and settle the claims of its deceased soldiers,
4 such agent shall have free access to investigate said claims at all
5 times, shall be empowered to take and certify testimony as a
6 judicial officer, and in case of immaterial omissions in forms of
7 application, date of death, or other incorrect description, where
8 the substance and justice of the claim and the identity of
9 the deceased and claimant are ascertained to the satisfaction of
10 the superintendent of the State division, may in conjunction
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necessary points by mutual certificate to the Auditor, who may
allow the same as sufficient evidence.
Sec. 7. Be it further enacted, That in. case when there is
neither widow, child, or children, father, and mother, the arrears
of pay, &c., due to any deceased officer or soldier may be paid to
to the brothers and sisters equally upon such proof as is now
required of said widow, child, or children, he., by existing laws.
Sec. 8. Be it further enacted, That the certificates issued on
soldier's claims shall be paid by any paymaster, or quartermaster,
or the Treasurer of the Confederate States on presentation and
in preference to any other accounts; that they shall be made
payable alone to the ascertained representative or his executor
or administrator, and not to attorneys or other parties. But
may be assigned by the claimant in writing thereon to any other
individual.
Sec. 9. Be it further enacted, That the appointments, other
than those at present employed in the settlement of these claims,
shall be from persons not liable to conscription, and that said
auditor and his clerks shall hereafter he entirely exempt from
military duty, except such as may be required in the preserva-
fcion and defence of the public property in their chargb.
Sec. 10. Be it further enacted, That in case of doubt arising
in the interpretation of this act, the Fourth Auditor shall t>®
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3 authorized to obtain the opinion of the Attorney General, through
4 the Secretary of the Treasury.
1 Sec. II. Be it further enacted, That when claims are filed in
2 the office of the Fourth Auditor it shall be his duty to acknowl-
3 edge the receipt thereof forthwith., and, if they are found to be
4 materially defective in preparation or evidence, he must cause
0 them to be returned forthwith to the claimants with special
6 instructions for amendment.
1 Sec. 12. Be it further enacted, lhat when it is proven that
2 any officer or soldier was wounded and fell into the hands of the
3 enemy and nothing has been heard from such wounded officer or
4 soldier for six months, this fact shall he deemed sufficient to
5 presume death at the time when wounded ; and the claim shall
f> he audited and paid as if the death had been returned by the
7 proper Officer.
1 ♦ Sec 13. Be it further enacted. That all existing laws conflict-
2 ing with this act arc hereby repealed.