In reply I have the honor to state that I am fearful that the act is not sufficiently definite in terms to accomplish the end desired, namely, the mere transfer of the custody of said trust funds, enabling this Department to receive the interest from the custodian and apply it as heretofore without the intervention of Congress. The nature of the guardianship and control over the Indians exercised by me as Secretary and trustee is such as to require this Department to keep an account of the funds to their credit or held in trust for them, and to receive the interest on their trust funds promptly when due. I am fearful that this bill may not allow me to do so, and to guard against any danger of embarrassment in the transaction of this business I inclose a draft of a bill[112] which, if substituted for the one already passed, will, it is believed, obviate the difficulties which may arise if the present bill should become a law.
Very respectfully, your obedient servant,
Z. CHANDLER, Secretary.
[Footnote 112: Omitted.]
EXECUTIVE MANSION, March 27, 1876.
To the House of Representatives:
I have the honor to return herewith without my approval the bill (H.R. No. 83) entitled “An act for the relief of James A. Hile, of Lewis County, Mo.,” for the reasons set forth in the accompanying communication of the Secretary of War.
U.S. GRANT.
WAR DEPARTMENT, Washington City, March 25, 1876.
The PRESIDENT.
SIR: I have the honor to return act H.R. 83, with the following report from the Adjutant-General:
“It appears from the records of this office that James A. Hile, private Company F, Twenty-first Missouri Volunteers, enlisted July 15, 1861; deserted June 14, 1862; returned August 2, 1862; was restored to duty by special order No. 38, headquarters District of Columbus, Department of Tennessee, dated Columbus, Ky., February 26, 1863. He reenlisted February 28, 1864, as a veteran volunteer; was tried by general court-martial for absence without leave from November 25, 1864, to December 13, 1864, and sentenced to forfeit all pay and allowances for time absent by general order No. 48, headquarters Second Division, Sixteenth Army Corps, dated May 22, 1865.
“On the muster-out roll of company dated April 19, 1866, he is reported, ‘Deserted March 1, 1866, at Bladen Springs, Ala.’
“This man, in his application to this office for discharge, stated under oath (affidavit dated July 27, 1870) that he left his command without leave and returned to his home February 28, 1866, having previously applied for a furlough, which was refused.
“This man, according to his own statement under oath, did desert as reported, and if this bill becomes a law it will be an injustice to every soldier who served honorably with his command until his services were no longer required by the Government, in addition to falsifying the record, as the bill directs the record shall be made to show he is no deserter.