EXECUTIVE MANSION, _September 7, 1888_.
_To the House of Representatives_:
I return without approval House bill No. 4855, entitled "An act granting
a pension to Jacob Newhard."
The records show that this beneficiary was mustered into the service
August 20, 1862, as a lieutenant; that on the return for November, 1862,
he is reported as "absent without leave--left hospital at Louisville."
He was treated for hemorrhoids in the hospital at Nashville from
December 12 to December 23, 1862, when, having served a few days more
than four months, he tendered his resignation upon the ground of
disability and procured the following surgeon's certificate, upon which
his resignation was based:
Lieutenant Jacob Newhard having applied for a certificate upon which to
ground a resignation, I do hereby certify that I have carefully examined
this officer and find him suffering from hemorrhoids, * * * and in
consequence thereof is, in my opinion, unfit for duty. I further declare
my belief that he will not be fit for the duties of a soldier in any
future time, having already been afflicted twelve years, as he asserts.
On the 14th day of February, 1880, nearly eighteen years after his
resignation, the beneficiary filed his claim for pension based upon
hemorrhoids, the result of diarrhea and fever.
He denied upon this application that he was unsound prior to enlistment,
and filed evidence to support his denial. One of the witnesses, a
surgeon, who testified to incurrence of disability in the service,
on a special examination stated that he so testified, having satisfied
himself of the fact by personal interviews with the beneficiary.
I do not think in the circumstances surrounding this case that the
beneficiary should at this late day be permitted to impeach and set
aside the medical certificate procured by himself and containing his
own statements, upon which he secured exemption from further military
service.