BANCROFT 
 LIBRARY 
 
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 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
35iH CONGRESS, \ SENATE. C REP. COM. 
 
 2d Session. \ I No. 362. 
 
 BANCROFT S%7^ 
 
 LIBRARY 
 
 IN THE SENATE OF THE UNITED STATES. 
 
 JANUARY 29, 1859. Ordered to be printed. 
 
 Mr. DAVIS made the following 
 
 REPORT. 
 
 [To accompany joint resolution S. 64.] 
 N 
 
 TJie Committee on Military Affairs and the Militia, to whom was refer 
 red Senate resolution No. 64, having had the same under consideration, 
 ^\ report : 
 
 o 
 
 dThis resolution extends the provisions of the 5th section of the act 
 of July 19, 1848, to the 3d regiment of Missouri volunteers, called 
 out by the President in 1846 for twelve months, and discharged be 
 fore the expiration of their term of enlistment. 
 
 The effect of this resolution would be to give three months' extra 
 
 ay to this regiment, which was enrolled at St. Louis, Missouri, on the 
 
 i 14th of August, and discharged at Fort Leavenworth on the 1st of 
 
 > October of the same year, (1846,) receiving their pay and bounty land 
 
 in consideration of their services. 
 
 The section of the act now proposed to be amended granted three 
 
 months' extra pay to all the officers, &c., engaged in the military 
 
 ^ service of the United States in the war with Mexico, provided it 
 
 ^ should "only apply to those who have been in actual service 'during 
 
 the war." It must be obvious that Congress, in passing this act, 
 
 intended to provide only for troops returning to their homes from the 
 
 seat of war, worn down by its fatigues and unable at once to procure 
 
 other employment. The act itself only extended its benefits to those 
 
 in the service in the war, and it is not to be presumed that the proviso, 
 
 which is generally understood to limit the section, should embrace a 
 
 greater number of persons than the act to which it is appended. 
 
 The Missouri volunteers did not enlist with any expectation (cer 
 tainly without any promise) of receiving this extra pay, and the law 
 was passed after they had been discharged, and after every contract 
 between them and the government had long since been at an end. 
 
 At the date of the act it was known that many companies of vol 
 unteers had been received during the Mexican war and discharged 
 without performing any active service without being in the war, 
 and for the sole purpose of excluding such from the benefits of this 
 
2 THREE MONTHS EXTRA PAY. 
 
 act the proviso was adopted. Nor does it seem reasonable or just 
 that men who performed no other service than that stated above 
 should receive the same extra allowance as those AV!IO faced the 
 enemy in the enemy's country and suffered all the dangers and priva 
 tions incident to battle field. 
 
 The committee report the bill back to the Senate, with the recom 
 mendation that it do not pass.