The regiment and company to which this soldier belonged, except such members as reenlisted as veterans, were mustered out of the service October 17, 1864.

Jacob Eckert did not reenlist and was not mustered out with his comrades for the reason that he was then under arrest on a charge of desertion.  In November, 1864, he was tried by a general court-martial and convicted of having deserted on the 1st of September, 1864, and again on the 2d day of September, 1864, and upon such conviction he was sentenced to forfeit all pay due him from September 1, the date of his first desertion, until the expiration of his term of service, to be dishonorably discharged and confined at hard labor for twelve months.

This sentence was approved by the reviewing authority, and I assume the convicted soldier served his term of imprisonment, since the statement contained in the report of the House committee to whom this bill was referred that he was dishonorably discharged in 1865 can be accounted for in no other way.

It seems to me that the provisions of this bill amount to a legislative reversal of the judgment of a regularly constituted court and a legislative pardon of the offense of which this soldier was convicted.  If this doubtful authority is to be exercised by Congress, it should be done in such a manner as not to restore a man properly convicted and sentenced as a deserter, without even the allegation of injustice, to the rights of pay, allowance, and pension belonging to those who faithfully and honorably served in the military service of their country according to the terms of their enlistment.

GROVER CLEVELAND.

EXECUTIVE MANSION, February 20, 1895.

To the Senate: 

I return herewith without approval Senate bill No. 1526, entitled “An act for the relief of Henry Halteman.”

This bill directs the Secretary of War “to grant an honorable discharge from the United States service to Henry Halteman, late of Company F, Second United States Artillery.”

It is conceded that this soldier enlisted in the Regular Army on the 18th day of December, 1860, for the term of five years and that he deserted on the 18th day of August, 1865.  The only excuse or palliation offered for his offense is found in the statement that his desertion was provoked by his company’s being ordered to California so near the termination of his enlistment that his term would have expired before or soon after his company could have reached California, and “that his return would have been both tedious and somewhat perilous, if not expensive.”

The fact must not be overlooked that this soldier enlisted in the Regular Army and that his term had no relation to the duration of the war or the immediate need of the Government for troops at the time of his desertion.  The morale and discipline of the Regular Army are therefore directly involved in the proposed legislation.