On the 6th day of July, 1875, he was again appointed to the Army as second lieutenant in the artillery, against which a remonstrance was made by certain officers in the Army.

In August, 1877, Second Lieutenant Wells was charged with being “drunk on duty, in violation of the thirty-eighth article of war.”

He was also charged with “conduct to the prejudice of good order and military discipline.”

The first specification under the latter charge alleged that the accused did “engage in an affray with First Lieutenant E. Van A. Andruss, First Artillery.”  The second specification under said charge alleged that the accused addressed his superior officer in a defiant and disrespectful manner and neglected and hesitated to promptly obey the order of said superior officer.

All these offenses were alleged to have been committed at Reading, Pa., on the 2d day of August, 1877.

Soon after these charges were preferred a court-martial was convened for the trial of the accused thereon.  He pleaded not guilty to the charges and specifications, but was convicted of them all and sentenced “to be dismissed the service of the United States.”

On the 6th day of October the proceedings, findings, and sentence of the court-martial were approved by the President, who ordered the sentence to be executed; and on the 13th day of October, 1877, in pursuance thereof, Lieutenant Eugene Wells was dismissed from the service.

Since that time repeated efforts have been made to vacate this judgment and restore the dismissed officer to the service.  While a number of committees in Congress have made reports favorable to such action, at least two committees have recommended a denial of legislative relief.  Both of these reports were made on behalf of House Committees on Military Affairs by distinguished soldiers, who, after patient examination and with an inclination to be not only just but generous to a fellow-soldier, were constrained to recommend a refusal of the application for restoration.  One of these reports was made to the Forty-seventh and the other to the Forty-ninth Congress.

I am impressed with the belief that legislation of the kind proposed is of extremely doubtful expediency in any save very exceptional cases, and I am thoroughly convinced by the facts now before me that the discipline and efficiency of our Army, as well as justice to its meritorious members, do not permit my approval on any ground of the bill herewith returned.

GROVER CLEVELAND.

EXECUTIVE MANSION, August 11, 1894.

To the Senate: 

I hereby return without my approval Senate bill No. 1438, entitled
“An act for the relief of Louis A. Yorke.”

In the year 1886 the beneficiary named in this bill was a passed assistant paymaster in the Navy.  In December of that year he appeared before a naval examining board convened pursuant to law for the purpose of passing upon his fitness to be promoted to the grade of paymaster.