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STATEMENT OF THE HONORABLE FLORENCE P. KAAN, A REPRESENTATIVE FROM
THE STATE OF CALIFORNIA Mrs. Kahn. Mr. Chairman and members of the committee, in my judgment, the principal question for the consideration of this committee in connection with the reimbursement of the State of California for moneys actually expended by it in aid of the Federal Government during the War between the States and which expenditures were made to pay volunteers urgently called for by the Secretary of War, is: Were such expenditures, made under abnormal conditions and under necessity, for the benefit of the United States, as shown by the official documents and reports embodied in Senate Report No. 320, proper? In every report submitted by committees of Congress on the subject, such expenditures have been declared proper; and the Senate on eight different occasions has passed bills providing for the reimbursement of the State. And this committee in the Seventieth Congress, after full hearing, reported favorably the reimbursement of the sister State, Nevada, for identical expenditures authorized by the legislature of that State upon the recommendation of the commanding general of the Pacific and same became a law on March 4, 1929. By the passage of the Nevada bill Congress declared such expenditures proper and valid.
In conclusion, I may add that a bill to reimburse the city of New York for Civil War expenses incurred by its Defense Society in addition to large sums already repaid the State of New York, passed the Senate at this session and the House War Claims Committee has favorably reported said bill (H. Rept. No. 1256, 73d Cong.). Also, a bill to reimburse the city of Baltimore for cost of defensive works erected during the Civil War, in addition to the sums heretofore reimbursed the State of Maryland, passed the Senate and was favorably reported to the House by the Committee on War Claims (H. Rept. No. 1416, 73d Cong.).
It is respectfully submitted that the reimbursement of the State of California, which up to the present has received no part of its Civil War expenditures as certified to Congress by the Comptroller General, is equally entitled to favorable consideration. STATEMENT OF HON. John F. DOCKWEILER, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF CALIFORNIA Mr. DockWEILER. In addition to the official reports of the Commanding General of the Pacific and other high Army officers in the record on the conspicuous and valuable services rendered by the California Volunteers, to the Federal Government during the national crisis in the 60's, and the wide area of territory outside of California in which they served, I desire to submit a part of a chapter in the well-known History of California, by Zoeth Skinner Eldredge, under the heading of “Civil War Times”, a reading of which will, in my opinion, clearly demonstrate that California responded to the urgent calls of the Federal Government in that crisis nobly and unstintingly:
HISTORY OF CALIFORNIA
CIVIL WAR TIMES
(By Zoeth Skinner Eldredge, vol. 4, p. 205) As soon as the first call for volunteers was received by pony express, enlistments began and California furnished all the men she was asked for during the war, and something more; for 1 company of 101 officers and men, afterward known as the “California Hundred”, and later 4 companies known as the “California Battalion”, went east and joined a Massachusetts regiment; and 8 companies for the First Washington Regiment were later recruited in San Francisco, and in the interior.
The response to the first call was perhaps not as prompt as in the States nearer the scenes of action, but a full regiment of infantry was ready for muster in August and September. They enlisted for 3 years, and at the expiration of that term reenlisted as veterans. When the second call was received in August, 4 regiments of infantry and 1 of cavalry were raised; under later calls 3 regi. ments of infantry, 7 companies of cavalry to complete the First Cavalry Regiment, a battalion of cavalry composed of 4 companies of native Californians
enlisted, besides 6 companies of mountaineers to serve against Indians in the northern counties, who were beginning to be more than usually troublesome.
When the first companies both of infantry and cavalry were enlisted it was expected that their principal duty would be to guard the line of the overland mail from the eastern boundary of the State to Fort Laramie-the mail by the southern route having been discontinued after the secession of Arkansas and Texas; but before they were ready to march it was learned that rebel forces were threatening New Mexico and Texas, probably with a view of ultimately seizing California, and they were sent to Los Angeles, and later marched to New Mexico by way of Fort Yuma and Tucson. This march was perhaps the longest and most trying made by any volunteer troops during the war. Their route led across the sandy wastes traversed by Anza in 1774 and later by Kearny with a few regulars and the Mormon battalion. There were no railroads, and all supplies as well as the sick had to be transported by wagons or pack trains. Water could be had only at irregular intervals, the wells and water holes being in some places from 20 to 90 miles apart. When mountains were crossed snow from a few inches to 3 and 4 feet deep was encountered, and men who had been suffering from the extreme heat of the desert were frequently nearly frozen. They were much annoyed by the Apaches, Yumas, and Navajos with whom they had several skirmishes, and against whom they were required to be constantly on guard. This expedition was commanded by Col. James H. Carleton, who had organized the first regiment, and who was promoted brigadier general soon after the command passed Fort Yuma.
The Fourth, Fifth, and Seventh Regiments were also sent southward, as was the Second Cavalry which fought a battle with Indians in Owens River Valley for which it was particularly commended. The Second Battalion of the First, Cavalry, enlisted in 1863, went forward to join the regiment as soon as possiüle after it was mustered.
These troops in the southern country rendered excellent service, both against Indians and Confederates, taking from the latter Forts Thorn, Fillmore, Bliss, Quitman, and Davis in Texas, as well as capturing several other points of importance. While they took part in none of the more important battles of the war, they did some as good fighting as was done on more memorable fields, displayed as much valor, and suffered losses more severe in proportion to their numbers. Some companies of the First Cavalry got as far east as Fort Dodge and Fort Larned in Kansas, up to which time they had marched over 4,800 miles, much of the distance through a most difficult country.
The Second Infantry, or a large part of it, was sent to Oregon, where it did good service against the Indians and white outlaws who were more troublesome to the emigrants and settlers than the Indians themselves. The eight companies furnished by California to the First Washington Regiment were also engaged in this service. Later some companies of the Second were returned to Humboldt and Trinity Counties where, with the Mountaineer Battalion, they were engaged in the Indian war until sent to Arizona.
It fell to the lot of the Third Regiment to guard the overland mail route, which it did effectively though somewhat grudgingly as its officers and men were particularly anxious to get service in one of the main armies east of the Mississippi. It marched to Salt Lake where its colonel, Patrick E. Connor, made his headquarters, fighting Indians when there was occasion, and the authorities for a chance to move his regiment to the east when there was not. The Indians had been making trouble on the emigrant route between the Bear and Humboldt Rivers for a number of years before the regiment arrived, and, early in January 1863, killed some miners in the Cache Valley northeast of the present city of Ogden. Colonel Connor resolved to punish them, and to do so so severely that their depredations would cease. Accordingly, although the weather was extremely cold, he set out on January 25 with a company of Infantry, 4 companies of the Second Cavalry, which were a part of his command, and 2 howitzers, and after a 4 days' march, during which 79 of his men were disabled by frozen feet or hands, arrived near the camp of the enemy. This was in a mountain ravine with steep rocky sides and not easily approached from any direction. In such places as it was most easily assailable the Indians had built barricades of rock or wood. The attack began at 6 o'clock in the morning by the Cavalry, the Infantry having been delayed at the crossing of Bear River until horses were sent back to assist them in fording its icy waters. Several soldiers were killed at the first fire, at which the Indians tauntingly defied them to come on and get more of their lead. The cavalrymen were compelled to endure their insults until the Infantry arrived, when a flanking movement was made, by which the savages were sub
jected to a fire against which they had no protection. But for 4 hours they fought with desperation and 224 warriors were found dead on the field when the battle was ended. Among them were 3 chiefs, one of whom had been shot while molding bullets, and, falling into the fire, had been burned to a crisp. Pocatello, the principal chief, with about 50 warriors escaped, and 160 squaws and children were left to be taken prisoners.
This battle put an end to the massacres of emigrants and relieved the settlers from the annoying raids from which they had suffered from time to time for a number of years. Connor lost 14 men killed and 49 wounded, of whom 8 died within the succeeding 10 days. The command was highly complimented by the authorities in Washington and by General Wright, the commanding officer of the Department of the Pacific.
The 800 Californians who served in the First Washington Regiment did honorable service though of a less spectacular kind. These companies were scattered from Vancouver Barracks to Fort Colville in northern Washington, Walla Walla in its eastern part, and along the emigrant trail from the Columbia to the upper waters of Snake River in Oregon and Idaho.
The California Volunteers, exclusive of these companies which served in the East and in the Washington regiment, did some of the hardest marching of the war, says a Vermont soldier who served in the Army of the Potomac (Charles A. Woodruff, paper read before the Society of California Volunteers, Oct. 25, 1893), and much of it “through deep snows and intense cold, as well as burning sands and torrid heat, and range over an extent of territory destitute of railroads, destitute of supplies, much of it arid, barren, and unoccupied except by Indians, one-third greater than that of the 11 States in rebellion.” They garrisoned 162 stations and cantonments in California, Oregon, Idaho, Nevada, Utah, Wyoming, Arizona, New Mexico, Texas, Washington, Colorado, and Kansas; they constructed 11, and assisted in building 3 other permanent posts, some of which are occupied today. They had 77 killed by Indians, 35 drowned in the treacherous but widely separated streams they crossed; 21 were murdered, and 501 were killed or died of disease.
ACTS RELATING TO AND HAVING A BEARING ON
ON THE REIMBURSEMENT OF CALIFORNIA
Act of Congress approved June 17, 1850, section 8 of which provided:
"That whenever enlistments are made at or in the vicinity of the said military posts and remote and distant stations, a bounty equal in amount to the cost of transporting and subsisting a soldier from the principal recruiting depot in the harbor of New York to the place of such enlistment be allowed to each recruit so enlisted.” (9 Stat. 438.)
ACT OF 1861
CHAPTER XXL: An act to indemnify the States for expenses incurred by them in defense of the United
States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, directed, out of any money in the Treasury not otherwise appropriated, to pay to the governor of any State, or to his duly authorized agents, the costs, charges, and expenses properly incurred by such State for enrolling, subsisting, clothing, supplying, arming, equipping, paying, and transporting its troops employed in aiding to suppress the present insurrection against the United States, to be settled upon proper vouchers, to be filed and passed upon by the proper accounting officers of the Treasury. Approved, July 27, 1861. (12 Stat., p. 276.)
RESOLUTIONS OF 1862 No. 16: A resolution declaratory of the intent and meaning of a certain act therein named Whereas doubts have arisen as to the true intent and meaning of act numbered eighteen, entitled "An act to indemnify the States for expenses incurred by them in defense of the United States”, approved July 27, 1861: Be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the said act shall be construed to apply to expenses incurred as well after as before the date of the approval thereof.
Approved, March 8, 1862. (12 Stat., p. 615.)
“That if any State during the present rebellion shall make any appropriation to pay the volunteers of that State, the Secretary of War is hereby authorized to accept the same and cause it to be applied by the Paymaster General to the payments designated by the legislative act, make the appropriation in the same manner as if appropriated by act of Congress, and also to make any regulations that may be necessary for the disbursement and proper application of such funds to the specific purpose for which they may be appropriated by the several States." (12 Stat. 616.)
ACT OF CONGRESS OF 1882 CHAP. 241.-An act to authorize the Secretary of the Treasury to examine and report to Congress the amount of all claims of the States of Texas, Colorado, Oregon, Nebraska, California, Kansas, and Nevada, and the Territories of Washington and Idaho, for money expended and indebtedness assumed by said States and Territories in repelling invasion and suppressing Indian hostilities, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby authorized and directed, with the aid and assistance of the Secretary of War, to cause to be examined and investigated all the claims of the States of Texas, Colorado, Oregon, Nebraska, California, Kansas, and Nevada, and the Territories of Washington and Idaho, against the United States of America for moneys alleged to have been expended, and for indebtedness alleged to have been assumed
by said States and Territories in organizing, arming, equipping, supplying, clothing, subsisting, transporting, and paying the volunteer and military forces of said States and Territories called into active
service by the proper authorities thereof, between the fifteenth day of April, in the year eighteen hundred and sixty-one, and the date of this act, to repel invasion and Indian hostilities in said States and Territories and upon their borders, including all proper expenses necessarily incurred by said States and Territories on account of said forces having been so called into active service as aforesaid, and also all proper claims paid or assumed by said States and Territories for horses and equipments actually lost by said forces while in the line of duty in active service (excepting and excluding therefrom any claim said State of Oregon may have for money expended and indebtedness assumed or incurred in suppressing Modoc Indian hostilities during the Modoc Indian war, and in defending that State from invasion by said Indians during the years 1872 and 1873 which were submitted to and passed upon, by either approval or rejection, by Inspector General James E. Hardie, United States Army). Said amounts for and on behalf of said State of Texas shall be confined to claims arising since the 20th day of October 1865, and shall include the necessary expenses of defense against Mexican raids or invasions as well as those for defense against Indian hostilities, and for and on behalf of said Territories of Idaho and Washington for said claims arising in the years 1877 and 1878.
Sec. 2. That no higher rate shall be allowed for the services of said forces, and for supplies, transportation, and other proper expenses than was allowed and paid by the United States for similar services in the same grade and for the same time in the United States Army serving in said States and Territories, and for similar supplies, transportation, and other proper expenses during the same time furnished the United States Army in the same country; and no allowance shall be made for services of such forces except for the time during which they were engaged in active service in the field; and no allowance shall be made for the services of any person in more than one capacity at the same time, or for any expenditures for which the Secretary of War shall decide there was no necessity at the time and under all the circumstances.
Sec. 3. That to enable said officers to make the examination and investigation herein authorized the governors of the said States and Territories, respectively, or their duly authorized agents, shall file with the Secretary of he Treasury abstracts and statements of all such claims by said States and Territories, showing the amounts of such expenditures and indebtedness and the purposes for which they were made, and accompanied with proper vouchers and evidence.
Sec. 4. That the Secretary of the Treasury shall, at the earliest practicable time, report to Congress for final action the results of such examination and investigation, and the amount or amounts found to have been properly expended for the purposes aforesaid: Provided, That whenever the examination of the accounts of any State or Territory heretofore mentioned shall have been completed the same shall be separately reported to Congress, without reference to the final examination of the accounts of any other State or Territory.
Sec. 5. That any military services performed and expenditures on account thereof incurred during the Territorial organization of Nevada, and paid for or assumed by either said Territory or said State of Nevada, shall be also included and examined and reported to Congress in the same manner as like services and expenditures shall be examined and reported for the State of Nevada. Approved, June 27, 1882. (22 Stat. 111.)
ACT OF AUGUST 4, 1886 An act for the benefit of the States of Texas, Colorado, Oregon, Nebraska, California, Kansas, and Nevada, and the Territories of Washington and Idaho, and Nevada when a Territory..
Section 1 provides that certified copies of papers may be received in place of lost originals in considering claims of the above-named States and Territories.
SEC. 2. The Secretary of War is hereby authorized to detail three Army officers to assist him in examining and reporting upon the claims of the States and Territory named in the act of June 27, 1882, and such officers before entering upon said duties shall take and subscribe an oath that they will carefully examine said claims, and that they will, to the best of their ability, make a just and impartial statement thereof as required by said act (24 Stat. 217).
RESOLUTION OF 1889 Resolved, That the Secretary of War through the Board of War Claims Examiners appointed under section 2 of the act of Congress, entitled “An act for