56th Congress, 2d Session . HOUSE OF REPRESENTATIVES. REPORT No. 2981.

SECOND LIEUT. HENRY OSSIAN FLIPPER.

March 1, 1901.—Laid on the table and ordered to be printed. Mr. Parker, from the Committee on Military Affairs, submitted the following ADVERSE REPORT. [To accompany H.R. 3598.]

The Committee on Military Affairs, to whom was referred the bill (H.R. 3598) to enable the President to restore Second Lieut. Henry Ossian Flipper to duty, rank, and status in United States Army, having given the same full consideration, report said bill back to the House with the recommendation that it do not pass, but do lie upon the table.

This is a bill to set aside a dismissal order of June 17, 1882, after court-martial, and restore to duty, rank, etc., as if he had remained in service.

Most careful consideration has been given this case to be sure that the dismissal was not caused by prejudice and fully justified by the facts. The record of the court-martial occupies many hundred pages. It fully proves the charges of which he was found guilty.

In 1881 he was acting commissary of subsistence at Fort Davis, Tex., under Colonel now General Shafter and in possession of public moneys to quite an amount.

About March 12, 1881 he was ordered to deposit these funds in some bank at San Antonio and did not do so.

In his petition for restoration he states this himself, as follows:

At this same interview the commanding officer suggested depositing the funds in some bank in San Antonio, Tex., and when called for to draw my personal check for them (R., Part I, 150 and 151). This I did not do, because I expected to be relieved at any moment, and the longer it was delayed made me more certain it would quickly be done.

Weekly accounts were rendered by him of commissary funds, and about July 2 he exhibited as part of the funds a false check on the San Antonio National Bank to his own order, dated May 20, 1881, for $1,440.43; so General Shafter swears. Lieutenant Flipper denies it, but gives no satisfactory explanation of drawing such check or showing it to Colonel Shafter.

July 8 he was ordered to forward the funds to the chief commissary 0002 2of subsistence at San Antonio. He says he did not do so because he found himself short $200 or $300 for uncollected bills, and had to borrow the money for inspection. Thereupon, in weekly written statements of July 9, 16, and 23, he returned a false item, as follows:

In transit to chief commissary subsistence, San Antonio, Tex., $3,791.77.

His petition admits this, as follows:

At the inspection of July 8, 1881, I was ordered by Colonel Shafter to forward my funds to the chief commissary of subsistence at San Antonio, Tex. I did not do so because my funds were not complete by the $200 or $300 I had borrowed for that occasion. I did, however, submit to him the weekly statements dated July 9, 1881, the subject-matter of the second specification of the second charge with the statement therein: “In transit to chf. c.s., Dept. Texas, San Antonio, Texas, $3,791.77.”

I had hoped, on July 9, to collect the bills due and forward the money before the next weekly statement of July 16. Failing to do this, I made the statement of that date, and for the same reason that of July 23. These statements are the subject-matter of the third and fourth specifications of the second charge.

He says he kept the funds in a trunk at his quarters, although there was a commissary safe in the post.

August 10 he told his commanding officer that he had sent the funds. This was false and he admits it.

On August 10, 1881 (R. Ex. 10), the crisis came and when questioned by Colonel Shafter I made the statement to him that I had sent the funds to the chief commissary of subsistence at San Antonio, Tex., Maj. M.P. Small, which is the subject-matter of the first specification of the second charge.

About August 13 it had been ascertained that the chief commissary had not received the money. Lieutenant Flipper was arrested, his quarters were searched, and after deducting checks, etc., his shortage was ascertained at $2,074.26. He says he had discovered the shortage about August 10, and supposed it was robbery, but said nothing of it. He then went to town, claimed to have borrowed the money, and made the amount good.

The court acquitted him of embezzlement, but found him guilty of fraud in these statements, which are admittedly untrue. The department commander disapproved the finding of not guilty of embezzlement and approved that of guilty of fraud.

At Washington the findings and sentence were approved, and President Arthur ordered his dismissal from the Army after reviewing the testimony.

Lieutenant Flipper waited eighteen years, and at last, at the Fifty-fifth Congress, second session, introduced a bill to restore him to the Army.

These facts are all from his own brief. His case is one of admitted falsehood, and the conviction was of fraud. His own oath alone denies the latter. The suggestion of robbery is the common refuge of embezzlers.

Under these circumstances we see no reason for a special bill to restore him to the Army by an exception to general law. No new facts are alleged. No new evidence is offered.

Public policy demands the utmost care that legislation should not interfere with the army discipline that demands honor and truth in all its officers an honor and truth that were admittedly absent in this case.

It is to be noted that among Lieutenant Flipper's papers was found 0003 3a list of assets drafted to show his accounts, in which the fraudulent check above referred to was included as cash.

We add from his brief a statement of the court martial record. It is not necessary to deal with the many other circumstances showing fraud that were developed in the evidence of General Shafter and others at the court-martial.

APPENDIX. STATEMENT OF THE RECORD FROM LIEUTENANT FLIPPER's PETITION.

This case was heard at Fort Davis, Tex., beginning September 17, 1881, and terminating December 8, 1881, before a general court-martial, convened by Special Orders, No. 10S, Headquarters Department of Taxes, San Antonio, Tex., September 3, 1881, by Brig. Gen. C.C. Augur, and composed of eleven members. By the same order Capt. J.W. Clous, Twenty-fourth Infantry, was appointed judge-advocate of the court (R., Part 1, p. 1).

Ten members of the court so detailed met at Fort Davis, Tex, September 17, 1881. one member having been excused by Special Orders, No. 112, dated September 10, 1881 (R., Part 1, 2).

At the second day's session, September 19, 1881, the court of ten members, as it then stood, was accepted without challenge, and they and the judge-advocate were then duly sworn as required by law. A request was then made for a continuance, which was granted, till November 1, 1881 (R., Part 1, 4, 5, and Ex. 1), to which date the court then adjourned.

On October 18, 1881, General Augur, in Special Orders, No. 131, detailed; two additional members for the court (R., Part 1, 9). One of these being unable to attend, another member was detailed in his stead by Special Orders, No. 133, dated October 22, 1881 (R., Part 1, 15).

Of the three additional officers detailed only one appeared, and be being thereupon challenged, was excused from sitting as a member of the court (R., Part 1, 15, and Ex. 1), and the trial proceeded November 1, 1881, by the court of ten members as accepted September 19, 1881.

The trial was held upon the following charges and specifications:

Charge I. - Embezzlement in violation of the sixtieth article of war.

Specification. —In this: That second Lieut. 11.0 Flipper, Tenth Calvary, did embezzle, knowingly and willfully misappropriate and misapply, public money of the United States, furnished and intended for the military service thereof, to wit: $3,791.77, more or less, which money came into his possession and was intrusted to him in the capacity of acting commissary of subsistence at the post of Fort Davis, Tex.

This at Fort Davis, Tex., between the 8th day of July, 1881, and the 13th day of August, 1881.

Charge II. -Conduct unbecoming an officer and a gentleman.

Specification 1.—In this: That Second Lieut. H. Q, Flipper, Tenth United States Cavalry, having been directed, at or near Fort Davis, Tex., on or about the 8th day of July, 1881, by his commanding officer Col. William R. Shafter, First United States Infantry, commanding the post of Fort Davis, Tex., to transmit certain funds, for which he, Lieutenant Flipper, was accountable as acting commissary of subsistence to the chief commissary of subsistence of the Department of Texas, and on being asked at or near Fort Davis, Tex., on or about August 10, 1881, by Colonel Shafter, if he had transmitted the said funds, part of which were in checks, did then, in substance and tenor, assure him, Colonel Shafter, that he had transmitted said funds, that he had endorsed the checks, making them payable to the order of said chief commissary of subsistence of the department, and sent the amount by mail: that he had taken the letter to the post-office himself, he, Lieutenant Flipper, well knowing the same to be false, in that the said funds had not been so transmitted and the check had not been so endorsed.

Specification 2.—In this: That Second Lieut H. Q. Flipper, Tenth United States Cavalry, being on duty as acting commissary of subsistence at the post of Fort Davis, Tex., did submit for the approval of the post commander, Col. William R. Shafter, 0004 4First United States Infantry, his (Lieutenant Flipper's) “weekly statement of public funds,” in words and figures to wit: Subsistence Department, United States Army, Fort Davis, Tex., July 9, 1881.

Sir: I have the honor to report my balance of subsistence funds on deposit and in hand at the close of the week ending Saturday, July 9, 1881, as follows: Deposited with assistant treasurer of the United States at _____ Deposited with the United States designated depository at _____ Deposited with _____ National Bank at _____ . Deposited In transit to chief commissary of subsistence, San Antonio, Tex., since July 9, 1881 $3,791.77 In my personal possession, in office safe 150.77 _________ Total amount 3,941.94

Very respectfully, your obedient servant, Henry O. Flipper,

Second Lieutenant, Tenth Regiment of Cavalry, A.C.S.

The Chief Commissary Of Subsistence, Headquarters Department of Texas, San Antonio, Tex.

Which statement was false and known by him, Lieut. H. O. Flipper, Tenth Cavalry, to be false, in that the funds reported by him as in transit and amounting to $3,791.77, were not so in transit, but had been retained by him or applied to his own use or benefit.

This at Fort Davis, Tex., on or about the 9th day of July, 1881.

Specification 3.—In this: That Second Lieut. H. O. Flipper, Tenth United States Cavalry, being on duty as acting commissary of subsistence at the post of Fort Davis, Tex., did submit, for the approval of the post commander, Col. William R. Shafter, First United States Infantry, his, Lieutenant Flipper's, “weekly statement of public funds” in words and figures, to wit: Subsistence Department, United States Army, Fort Davis, Tex., July 16, 1881. Sir: I have the honor to report my balance of subsistence funds on deposit and in hand at the close of the week ending Saturday, July 16, 1881, as follows: Deposited with assistant treasurer of the United States at _____ Deposited with the United States designated depository at _____ Deposited with _____ National Bank at _____ . Deposited In transit to chief commissary of subsistence, Department of Texas . $3,791.77 In my personal possession, in office safe 289.34 _________ Total amount 4,081.11

Very respectfully, your obedient servant, Henry O Flipper, Second Lieutenant, Tenth Regiment of Cavalry, A.C.S.

The Chief Commissary of Subsistence, Headquarters Department of Texas, San Antonio, Tex. Which statement was false, and known by him, Lieut. H. O. Flipper, Tenth Cavalry to be false, in that the funds reported by him as in transit and amounting to $3,791.77, were not so in transit, but had been retained by him or applied to his own use or benefit.

This at Fort Davis, Tex., on or about the 16th day of July, 1881.

Specification 4.—In this: That Second Lieut. H. O. Flipper, Tenth United States Cavalry, being on duty as acting commissary of subsistence at the post of Fort Davis, Tex., did submit, for the approval of the post commander, Col. William R. Shafter, First United States Infantry, his, Lieutenant Flipper's weekly statement of public funds” in words and figures to wit:

0005 5

Subsistence Department, United States Army, Fort Davis, Tex., July 23, 1881. Sir: I have the honor to report my balance of subsistence funds on deposit and in hand at the close of the week ending Saturday, July 23, 1881, as follows: Deposited with the assistant treasurer of the United States at___ Deposited with the United States designated depository at ____ Deposited with the _____ National Bank at _____ . Deposited In transit to chief commissary of subsistence, Department of Texas, San Antonio, Tex . $3,791.77 In my personal possession, in office safe 479.30 Very respectfully, your obedient servant, HENRY O. FLIPPER, Second Lieutenant, Tenth Regiment of Cavalry, A.C.S.

The Chief Commissary of Subsistence, Headquarters Department of Texas, San Antonio, Tex. Which statement was false and known by him, Lieut. H.O. Flipper, Tenth Cavalry, to be false, in that the funds reported by him as in transit, and amounting to $3,791.77, were not so in transit, but had been retained by him or applied to his own use or benefit.

This at Fort Davis, Tex., on or about the 23d day of July, 1881.

Specification 5.—In this: That Second Lieut. H.O. Flipper, Tenth United States Cavalry, being acting commissary of subsistence at the post of Fort Davis, Tex., and in such capacity being required to make a weekly exhibit of the funds in his possession pertaining to the Government to his post commander, did exhibit to his commanding officer, Col. William R. Shafter, First United States Infantry, commanding post of Fort Davis, Tex., as part of the aforesaid funds, a check, in words and figures as follows: No. 9 San Antonio, Tex., May 20, 1881. SAN ANTONIO NATIONAL BANK. [Designated depository of the United States.] Pay to Lieut. Henry O. Flipper, A.C.S., or order, fourteen hundred and forty and 43-100 dollars. Henry O. Flipper, $1,440.43. Second Lieutenant, Tenth Cavalry.

Which check was fraudulent and intended to deceive the said commanding officer, as he, Lieutenant Flipper, neither had nor ever had had personal funds in said bank and had no authority to draw said check.

This at Fort Davis, Tex., on or about the 2d day of July, 1881.

To all of these charges and specifications I made a plea of “not guilty.”(R., Part 1, 37-38.)

The court found me “not guilty” of the first charge and its specification, and “guilty” of the second charge and its specifications, and sentenced me “to be dismissed from the service of the United States.” (R., Part V., 209.)

On January 2, 1882, Brig. Gen. C.C. Augur, commanding the Department of Texas, disapproved the finding of “not guilty” as to the second charge and its specifications, and forwarded the proceedings for the action of the President, under the one hundred and sixth article of war. (R., Part V, 210.)

“The proceedings, findings, and sentence of the general court-martial in the foregoing case of Second Lieut. Henry O. Flipper, Tenth Cavalry, having been approved by the proper reviewing authority” in Washington, who is the Judge-Advocate General of the Army (Rev. Stat., sec. 1199), the disapproval of the finding of “not guilty” as to the first charge and its specification by the department commander was thereby set aside, and the finding of “not guilty,” as made by the court, was approved. (General Court-Martial Orders, No. 39, June 17, 1882, Sec. 11.)

On June 14, 1882, the President, Chester A. Arthur, approved the sentence of dismissal. (R., Part V, 210.)

On June 30, 1882, I ceased to be an officer of the Army, by virtue of General Court-Martial Orders, No. 39, Headquarters of the Army, Adjutant-General's Office, Washington, June 17, 1882.