GROVER CLEVELAND.

EXECUTIVE MANSION, _May 24, 1886_.

_To the Senate of the United States_:

A bill which originated in the Senate, entitled "An act granting a

pension to Edward Ayers," and numbered 363, is herewith returned without

approval.

The person named in this bill enlisted October 3, 1861, in an Indiana

regiment and was mustered out of the service December 13, 1865. He

represents that he was injured in the hip at the battle of Days Gap,

April 30, 1863, and for this a pension is provided for him by the bill

under consideration. His application for pension has been rejected by

the Pension Bureau on the ground that it was proved on a special

examination of the case that the claimant was injured by a fall when a

boy, and that the injury complained of existed prior to his enlistment.

There is not a particle of proof or a fact stated either in the

committee's report or the records in the Pension Bureau, so far as they

are brought to my notice, tending to show that the claimant was in

hospital or under medical care a single day during the whole term of his

enlistment.

The report of the committee contains the following statement:

The record evidence proves that he was in this engagement, but there is

no proof from this source that he was wounded. By numerous comrades who

were present it is proven that he was hurt by the explosion of a shell

as claimed. It is also shown that he has been disabled ever since; and

the examining surgeon specifically describes the wound, and twice

verifies that he is permanently disabled. From the fact that a man was

exceedingly liable to injury under the circumstances in which he was

placed, and from the evidence of eyewitnesses, the committee are of

opinion that he was wounded as alleged.

A wound from a shell causing the person injured to be "disabled ever

since" usually results in hospital or medical treatment. Not only is

there no such claim made in this case, but, on the contrary, it appears

that the claimant served in his regiment two years and nearly eight

months after the alleged injury, and until he was mustered out.

It is represented to me by a report from the Pension Bureau that after

his alleged wound, and in May or June, 1863, the claimant deserted, and

in July of that year was arrested in the State of Indiana and returned

to duty without trial. If this report is correct, the party now seeking

a pension at the hands of the Government for disability incurred in the

service seems to have been capable of considerable physical exertion,

though not very creditable, within a few weeks after he claims to have

received the injury upon which his application is based.

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