SPECIAL ORDERS, WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, Washington, November 21st, 1865. 1. Leave of absence is hereby granted to the following officers: Captain P. J. Turnley, U. S. Army, until December 31st, 1865. 2. The resignation of Captain P. T. Turnley, U. S. Ariny, has been accepted by the President, to take effect December 31st 1865, on condition that he receive no final payments until he shall have satisfied the Pay Department that he is not indebted to the United States. By order of the Secretary of War: E. D. TOWNSEND, Assistant Adjutant-General. V. At the time the claimant tendered his resignation as set forth in Finding IV, ho was suffering from a prostrating dysentery and carbuncles, whereby he had become much debilitated in body and mentally depressed. He was extremely nervous and irritable, and anxious to be relieved from a service from which he was consciou:ly unfit. For this relief he had made several urgent requests to his official superiors in the Department of Missouri, but had received no reply. VI. Under said acceptance of claimant's resignation, as captain and assistant quartermaster, U. S. Army, claimant has been held by the military authorities and the accounting officers to have had his relations to the Army, both active and retired, wholly served, and claimant has been denied all rights, pay, and salary incident to his rank as a captain U. S. Army retired." To the claimant's applications for restoration, made in 1878 and 1880, the following answers were returned: WAR DEPARTMENT, Washington City, November 5th, 1878. SIR: Referring to your letter dated the 4th ultimo, enclosing the petition of Parmenus T. Turnley, late captain and assistant quartermaster, United States Army, retired, for his restoration to the retired list, I have the honor to inform you that, after careful examination of the case, it is not believed that the Executive can afford the relief asked without a special act of Congress. I return herewith the papers enclosed in your letter. Very respectfully, your obedient servant, W. M. JONES, Esq., GEO. W. MCCRARY, Attorney at Law, Des Moines, Iowa. WAR DEPARTMENT, Washington City, May 11, 1880. SIR: I am in receipt, by your reference under date of the 30th ultimo, of letter of the 10th ultimo from the honorable Thomas Drummond, judge of the circuit court of the United States for the northern district of Illinois, urging the restoration to the Army of Colonel P. T. Turnley, late captain United States Army, retired, and, in reply, have the honor to state that the Executive is powerless to comply with your wishes in this matter. The power to restore Colonel Turnley to the Army is possessed by Congress only. Very respectfully, your obedient servant, ALEX. RAMSEY, Hon. DAVID DAVIS, U. S. Senate. VII.-Stipulation of counsel. It is hereby stipulated and agreed that in the above cause the following facts may be admitted as evidence for plaintiff, to wit: That the proper official designation of a captain in the Quartermaster Department, U. S. Army, in all communications between his military superiors and himself, is "captain and assistant quartermaster, U. S. Army," and that the same of a captain on the retired list of the Army is "captain, U. S. Army, retired." It is further admitted that the pay per annum of a mounted captain, U. S. Army, retired, after twenty years' service, is $2,100. H. J. MAY, Assistant Attorney. W. J. MOBERLY, Attorney for Plaintiff, CONCLUSION OF LAW. Upon the foregoing findings of facts the court decides as conclusion of law that the claimant is not entitled to recover. OPINION. Scofield, J., delivered the opinion of the court: This case was originally referred to the court by the Committee on Military Affairs of the House of Representatives, under the provisions of the act of March 3, 1883 (22 Stat., 485), known as the Bowman act. But the claimant subsequently filed a petition under the general jurisdiction of the court to recover pay as a retired officer of the Army, at the rate of $2,100 a year, from December 31, 1865, to the time of filing his petition, or so much thereof as the court, under the statute of limitations, might be authorized to consider. The claimant was an officer of the regular Army of the United States, on the active list, from July 1, 1842, to September 17, 186:3, at which time, having the rank of captain and assistant quartermaster, he was placed upon the retired list. February 6, 1865, he reported to the Quartermaster-General that "his health and strength were entirely restored, and that he was ready to resume his active duties if the public service required it." On the 22d of March following he was ordered to proceed to Denver, Colo., and relieve Captain Gorton, and on May 25, 1865, he reported his arrival at that place. September 26, 1865, he tendered his resignation in the Army, which, November 20, 1865, was accepted by the President, to fake effect December 31, 1865. Thereupon his name was dropped from the Army Register, and he received no pay after that date. He now contends that his resignation related only to active service and not to his position on the retired list, and that its acceptance left him still a "captain in the U. S. Army, retired," entitled to retired pay. As this contention is based upon the form of resignation and acceptance, they are here inserted entire: General L. THOMAS, CHIEF QUARTERMASTER'S OFFICE, DISTRICT OF THE PLAIN Denver, C. T., September 26th, 1865. Adjt. Gen. U. S. Army, Washington City, D. C.: I have the honor to tender, hereby and by these presents, my resignation from the Army of the United States, to take effect "immediate and unconditional." Respectfully, P. T. TURNLEY, Captain and Asst. Qr. Master, U. S. Army, Graduate of 1846. ADJUTANT-GENERAL'S OFFICE, Captain P. T. TURNLEY, U. S. Army, Denver City, Colorado Territory: SIR: Your resignation has been accepted by the President of the United States, to take effect the thirty-first day of December, 1865, on condition that you receive no final payments until you shall have satisfied the Pay Department that you are not indebted to the United States. I am, sir, very respectfully, your obedient servant, S. F. CHALFIN, It is admitted that the proper designation of this officer while on the active list or while performing active duties was "captain and assistant quartermaster U, S. Army," and when on the retired list and not on active duty was "captain U. S. Army, retired." It will be seen that the claimant signs his resignation as "captain and assistant quartermaster, U. S. Army, graduate of 1846," and the notice of the President's acceptance is addressed to him as "captain, U. S. Army." We do not think that the title which the claimant appended to his name in signing his resignation operated as a limitation upon the clear and unambiguous words of the resignation itself. "" Resignation from the Army of the United States, immediate and unconditional," could mean nothing less than an entire severance of his army connection. The claimant himself seems to have so understood it at the time, for in a few days after he wrote General Upton, his superior officer, that he had tendered his "resignation from U. S. Army," and requested leave of absence. October 24, 1865, in a communication to General Pope, inclosing his resignation, he calls it "my resignation from the Army of the United States," and asks for leave of absence. His request for leave and his resignation passed through the same channels on their way to Washington and the leave was finally granted and the resignation accepted on the same day. In sending forward this resignation and request for leave General Upton makes this indorsement: 66 Captain Turnley informs me that he intended to resign when in Utah in 1860, but the war soon after breaking out, he was induced to delay till such time as he could retire without prejudice to the service. For important private reasons, which Capt. Turnley has made known to me, I respectfully recommend that his resignation be accepted and that leave of absence be granted him till his accounts are settled." General Dodge, through whose hands the resignation and request for leave passed, indorsed on the recommendation: "For reasons stated to me in person by Captain Turnley, I approve his resignation." General Meigs forwarded his resignation and request for leave with the following recommendation: 66 Captain Turnley has written to me in regard to the condition of his father's estate in east Tennessee, where his father was lately threatened with death; an aged man, and I presume that he is now so desirous of leaving the service that it would be better to let him go. His knowledge of affairs on the plains was useful to the Depart ment and his integrity inspired its confidence. "I recommend that his resignation be accepted, to date from the 31st of December next, and that he have a leave of absence until that time to enable him to settle his accounts." In all this correspondence there is no intimation that the claimant understood that he was simply resigning from active service. Leave of absence was sufficient for that purpose. It is hardly possible that an officer of his education and experience in the Army could have understood that the language of his resignation, so many times repeated, meant anything less than a total severance from the Army. Certainly, he must have so understood the President's acceptance, for pay ceased at that date; it does not appear, however, that he then expressed surprise or made any protest. The first notice of discontent appearing in the record is his application for restoration made about thirteen years afterward. It is further said that the claimant, at the date of his resignation, was not in his right mind, and that the paper is therefore void. It is true that he was much out of health, debilitated and depressed in mind and body, but it appears that he was at tending to his official duties. He had his family with him, and was surrounded by military friends both above and below him in rank. The idea of severing his connection with the Army was not new. He had it in contemplation just before the rebellion. He actually did resign in 1862, but his resignation was not then accepted. He was granted leave of absence instead and subsequently placed on the retired list. In his communication to the President, July 24, 1865, a little over two months before the final resignation, he complained of his comparatively low rank in his corps, and requested promotion to the rank he would have held if he had not been retired, and adds: "If this can not be done, then I have the honor to request that your excellency will consider this communication a tender of my resignation, and that your excellency will accept the same unconditionally and immediately." At that time he was in good health, but wished to resign unless he could be promoted. He was then only forty-three years of age and, although on the retired list, he was liable, whenever his health would permit, to be ordered to active service. He might well have considered that at his time of life, if entirely severed from the Army, he might find occupation more remunerative than Army pay, in which he would be reasonably sure of good health. While in the service the claimant appears to have been an excellent officer; but in passing upon his legal status the court can not consider his personal merits. The petition will be dismissed. Filed April 1, 1889. A true copy. Test, this 8th day of December, A. D. 1890. [SEAL.] BY THE COURT. 51ST CONGRESS, HOUSE OF REPRESENTATIVES. 2d Session. . DOJ No. MARY O. WILLIAMS vs. THE UNITED STATES. Letter from the assistant clerk of the Court of Claims transmitting a copy of the petition and order dismissing the case for want of jurisdiction in the case of Mary O. Williams against the United States. DECEMBER 9, 1890.-Referred to the Committee on War Claims. COURT OF CLAIMS, CLERK'S OFFICE, Washington, December 8, 1890. SIR: Pursuant to the order of the court I transmit herewith a certified copy of the petition and order dismissing same for want of jurisdiction in the aforesaid cause, which case was referred to this court by the Committee on War Claims, House of Representatives, under the act of March 3, 1883. I am, very respectfully, yours, etc., Hon. THOS. B. REED, JOHN RANDOLPH, Assistant Clerk Court of Claims. Speaker of the House of Representatives. [Court of Claims, December term, 1885. No. 651. Congressional case. Mary O. Williams vs. The United States.] ' PETITION-FILED SEPTEMBER 10, 1886.-J. R. To the honorable the Court of Claims of the United States: Your petitioner, Mary O. Williams, respectfully represents that she is a citizen of the United States, residing in Shelby County, State of Tennessee, where she resided during the late war of the rebellion; that at different times during said period the United States forces, by proper authority, took from your petitioner quartermaster stores of the value of $850, and appropriated the same to the use of the United States Army, as follows: 1 fine mare... 1 fine horse 2 mules...... $200 250 400 Your petitioner states that she was the absolute and bona fide owner of said property. Your petitioner further states that her claim for compensation for said stores was presented to the Quartermaster-General, under the act of Congress approved July 4, 1864, in the name of Robert Williams, and was by said officer disallowed about June, 1881, on the ground that the Quartermaster-General was not convinced of the loyalty of the claimant. Your petitioner, knowing said decision to be unjust, petitioned the Congress of the United States for relief, and on or about the 30th day of July, 1886, said petition was by the Committee on War Claims of the House of Representatives referred to the honorable Court of Claims, under section 1 of an act of Congress approved March 3, 1883, entitled "An act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the Government." Your petitioner further states that her said claim has not been assigned or transferred, and she is the sole owner thereof; that it is correct and just; that she did not give any aid or comfort to the late rebellion, but was throughout that war loyal to the Government of the United States. Wherefore your petitioner prays that when the facts shall have been ascertained as to her loyalty and the justice of her claim the same may be reported to the House of Representatives of the United States or to the said Committee on War Claims, as provided in said act of March 3, 1883. GILBERT MOYERS, Att'y for Claimant. MARY O. WILLIAMS. Personally appeared before me Mary O. Williams, who, being duly sworn, says that the statements contained in the foregoing petition are true to the best of her knowledge, information, and belief. Subscribed and sworn to before me this 31st day of August, A. D. 1886. Notary Public. MARY O. WILLIAMS 08. THE UNITED STATES. IN THE COURT OF CLAIMS. No. 651. Congressional case. At a Court of Claims held in the city of Washington on the 17th day of December, 1888, the following order in the aforesaid cause was made, to wit: In this case the claim never having been presented to the Southern Claims Commission, nor to the Quartermaster or Commissary Departments, it is ordered that the petition be dismissed for want of jurisdiction. BY THE COURT. JOHN RANDOLPH, Assistant Clerk, Court of Claims. |