| SENATE 52TH
CONGRESS, 1st Session IN THE SENATE OF THE UNITED STATES May 9, 1892 – Ordered to be printed. Mr Manderson, from the Committee on Military Affairs, submitted the following REPORT (To accompany S. 1568) The Committee on Military Affairs, to whom was
referred the
bill (S. 1568) entitled "A bill to remove the charge of desertion from
William H H Cook," have had the same under consideration and report it
back favorably, amended, and recommend its passage. The records of the War Department show that Cook
was enrolled as a private in Company G, Fifth New York Volunteer
Infantry, May 21, 1862, to serve three years, and was transferred to
the regimental band August 1, 1861, and served until he was reported
"missing in action at Gaines Mills," fought June 27, 1862, and was
retransferred to Company G July-August, 1862. He did not
rejoin this company, and on its muster-out roll May 14, 1863, he is
reported as "dropped by General Order 92 of the War Department."
The effect of this order was to treat Cook as a deserter.
The medical records show him left sick at Gaines Mills, June
27, 1862; in Stewart's mansion, general hospital, at Baltimore, Md.,
July 1, 1862, and as having deserted August 25, 1862. While a
deserter at large under said Order 92, he enlisted, December 25, 1862
as a private in Company H, Fourth Iowa Cavalry, and served faithfully
until August 8, 1865, being mustered out at Atlanta, Ga. Cook explains that he received a sunstroke at
Gaines Mills and because of such disability was removed to the
aforesaid hospital at Baltimore, and that while in a weak and sick
condition, and while in uniform, took a train for Brooklyn to see his
mother, with the intent to return to the hospital; that he continued
weak and sick, and being unable to perform military duty thought it
useless to return, and being ignorant neglected to forward a surgeon's
certificate as to his condition. That his head continued to
bother him because of the effects of the sun-stroke, and he was advised
to go West, which he did, remaining with an uncle and keeping out of
the sun. That his health improved, and he again enlisted,
December, 1863, in Company H, Fourth Iowa Cavalry, in which he served
as stated. That he never had intent to desert; that he was
disabled at Gaines Mills; that he was quite young and ignorant of
military requirements all seem to be established, and in view of his
subsequent enlistment and faithful service for nearly two years, your
committee think it is a case where Congress should grant him relief,
and accordingly report the bill amended so as to read as follows: A bill to
remove the charge of desertion from William H H Cook Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and is hereby, authorized and directed to remove the charge of desertion from William H H Cook, Into a private in Company G, Fifth New York Duryea Zouaves, absent without leave from August twenty-fifth, eighteen hundred and sixty-two, to May fourteenth, eighteen hundred and sixty-three, when his regiment was mustered out. He subsequently enlisted December twenty-fifth, eighteen hundred and sixty-three, in Company H, Fourth Iowa Cavalry, and was honorably mustered out August eighth, eighteen hundred and sixty-five, with his regiment." |