T ESTI [ ON I AIL S On the minds of the comparatively few who have seen the work on the Treasury Department, with the commendations at the end of the second volume, by two successive Presidents and Vice Presidents of the United States, justices of the Supreme Court, members of the Senate and of the House of Representatives, five successive Secretaries of the Treasury, heads of Bureaux in the Treasury, War, and Navy Departments, and the favorable report of the Joint Library Committee of the two Houses of Congress, &c., a considerable degree of confidence has been impressed, in advance, in behalf of the further efforts made and malking to extend the plan of that work to all the other Departments of the Government; therefore little or nothing more need be said to elicit their trust in this and other fruitions of it. But to those into whose hands this volume may casually fall, who have not seen the work on the Treasury, two or three of the testimonials in behalf of that work, and yet a few of the flattering incentives to the continued e.xertion of this laborious enterprise, may not be out of place here, to account, in some degree, for the kindness with which this volume on the Pension Laws, -c., has already been received, in the short space of time since it was issued from the press. The late Judge ~Woodbury, who had such ample experience in the legislative, executive, and judicial departments of the Government-twice a Senator of the United States, for many years Secretary of.the Navy, and for a longer time Secretary of the Treasury, and late a distinguished member of the Supreme Court of the United States, spoke of the work on the Treasury as follows: G"WsINI T'rox, February 21, 1848. IDEARn SIr: I have been much obliged by a copy of your Treatise on the Treasury Department, and much interested jn its contents. Without some such compilation, the records and decisions of the Department, and the divisions of business among its bureaux, are almost a sealed book. These matters, as exhibited in your work, will be useful to all the officers connected with the Department; and much more so to clairnents, and to legislators in Congress. I hope it may meet with the patronage and success it, deserves. "Respectfully, "LEVI WOODBURY." This letter is here selected on account of its brevity and force, as a fair illustration of the spirit of the rest, to which we will only add that of the late Attorney General of the United States on the uses of the same work: "WASHINGTON, January 8, 1851. "DzARA SIR: I think that upon a former occasion I stated to you the high estimate I put upon your work oin the Treasury Department.'" It gives me pleasure to repeat it, and to add, that subsequent and frequent use of the work whilst I was Attorney General served yet more to confirm my high opinion of it. In very many instances I found it of great service as a book of reference; and, in revenue cases, most invaluable. "When your entire plan shall be completed, I cannot doubt that the whole will commend itself to the favor of professional gentlemen, as well as to all who are, officially or otherwise, immediately interested in the practical administration of the Government; and then, I trust, your ability, labor, and sacrifices in its preparation will meet with the amplest reward. "' With much regard, your obedient servant, 6 Dr. R. M.t0o, Washingtonm REVERDY JOHNSOJN." TSTiS'IOiM 1NALS. The proposition for extending the plan of the work on the T'reasury, to the other Departments of the Government, met the sanction of the late President Taylor and his Cabinet, by the following endorsement upon it: "The facilities above requested will be afforded by the officers in our respective Departments. "JOHN M. CLAYTON, J. COLLTAMER, "T. EWING, REVERDY JO-INSON, "GEO. W. CRAWFORD, WM. BALLARD PRESTOIN. "Approved: Z. TAYLOR." The following are very partial evidences, amongst numerous other testimonials of eminent statesmen and jurists in behalf of the prosecution of the sequel to the orlk on the Treasury: "W.sraaI1G'ox, December 6, 1849. " DEA SIRn: I think favorably of the extension of your compilation to all the Departments of the Government. It will facilitate inquiries in these as it does now in the Treasury Department-and will prove likely to aid both those doing business in all of them, and the officers themselves. Respectfully, "LEVI WOODBURY. "R. MAYO, Esq."' WASesXs Txoo, December 10, 1849. "MA DanAx Sir: Your distinguished success in developing the principles and the practice of the Treasury Department has very naturally excited a desire to have a like exposition in respect to the other Departments of the Government. "I trust you wvill meet with sufficient encouragement, to induce you to persevere in this very useful enterprise-from which the country cannot but be largely benefitted.'"I am, very truly, your friend and obedient servant, C WILLLE P. MANGUIM. "Dr. MATo, Washington."' December 14, 1849. " I fully concur in the views above expressed by Senators Mangum, Cass, Mason, and Hunter, as to the great utility of the proposed work, for'the successful execution of which you are so well fitted. The volumes you have already published in regard to the Treasury, were compiled by you chiefly during the last four years, and proved to be eminently useful, not only to the Secretary of the Tieasury, the heads of Bureaux and clerks, but also to that great number of persons transacting business with the Departmlent. The similar work you now propose to prepare in regard to all the other Departments, is much wanted, and would be of very great public utility. "Dr. MAYO. R. J. WALKER. "7 To the above might be added the favorable expression, in the same regard, of more than sixty members of the Senate and House of Representatives, of the Supreme Court, and prominent citizens of Washington, of the bar, the bench, and present and former mayors of the city. But finding a pressing demand pervading the community, for the "Laws, Opinions, Decisions, Forms and Regulations, on Pensions and Bounty Lands," the senior editor was induced, temporarily, to suspend his labors in regard to the other Departments, to undertake the compilation now presented to the public. And in order to give this branch of his enterprise every possible dispatch, he requested the assistance of the young gentleman whose name is associated with his in the title and copyright. In the brief space of time which has transpired since this volume on the Pension and Bounty Land Laws has been before the public, the following commendatory letters have TE:STIMOINIALS. been received, even in the excited as well as busy times that afford to very few the leisure moment to look at a new publication: Letler from ithe President ofthe United Stales. "WASLsINGTON, Alsy 27, 1852. "My Dr;xr Sin: Accept my thanks for a copy of Itise Pension Laws from 1776 to 1852,' which you did me the honor to send me this morning. I have barely had time to glance at its contents, but knowing your habit of thorough investigation and accurate analysis, and perfect method of order and arrangement, I cannot doubt it will be a very useful work; and I hope it may prove as profitable to the author as I presume it will be beneficial to the public. "' i am, your obedient servant, "Dr. MxVro. MILLARD FI-LtLMORE." Letter from the Secretary of ihe fnterior. "6 WASINGETOGN, Jun1e 3, 1852. Srn: I beg you to accept my thanks for the volume of Pension Laws, &c., which you have been kind enough to send me. Such a work was very much needed, and, from the partial examination which I have been able to give it, as well as from your acknowledged industry, ability, and research, I have no doubt that it is admirably executed. Under that conviction, I have directed the purchase of a number of copies for the use of the Pension Office and its various agents. "' Very respectfully, your obedient servant, "'Dr. R. MAYO. ALEX. H. H. STUART."' Letter from the Commissioner of' Pensions. " PEEs S1xN 0 FFrIC., Jiune 4, 1852. "c DrEAR Sin: I am indebted to you for a copy of the'Army and Navy Pension Laws, and Bounty Land Laws,' in anticipation of the regular issue from the press, and I regret that mry constant engacements have, as yet, disabled me from more than a partial examination of its contents. " I am satisfied, however, that it will be a highly useful publication to many branches of the Government, as well as to the public at large, and to this office it will be invaluable. Wishing you every success in its circulation and patronage, I remain, very respectfully, your obedient servant. "Dr. Ronrnt 1A o. J. E. HEA.TH, Commissioner." Letter from tile Secretary of the Aravy. C -NAVY DEPARXTmrnT, Jurne 8, 1852. "' Sn: Your note of the.1st instant, accompanied by a copy of your compilation of the Pension Laws, with the decisions, rules and regulutions relative to the execution of these laws, has been received. So far as I have been able to examine the volume, and the copious index appended to it, I think it a valuable and complete work, which supplies a desideratum in the prosecution of claims and the administration of the pension system. I am, very respectfully, your obedient servant, "WILL. A. GRAHAM. "Dr. R. M'AYo, V7ashington, D. C." Leiter from ihe Attorney General. "' WASrINGTox, June 22, 1852. "Messrs. MAYO & MOULTON: 6' Accept my acknowledgments for the copy you have been pleased to present to me, of your lately published volume, entitled I" Pension Laws from 1776 to 1852." My opportunities have enabled me to make but a slight examination of it, but it has been sufficient to satisfy me that it will prove to be a very useful book; and I hope that it may produce for its authors an ample compensation for their care, labor, and ability, in its preparation. Very respectfully, yours, &c. 5 J. J, CRITTENDEN." TE$STI.IM[ONIALS. Letter from the Secretary of TWar. "WAsxINGeToN, June 23, 1852. "SIa: I have received the copy of the'Pension Laws,' &c., whichyou were kindenough to send me some days since. It has not, yet, been in my power to give it a very close examination, but, I have no doubt, it will prove a valuable aid to all persons having any business relating to pensions, as well as to the Government and its agents. "6 Very respectfully, your obedient servant, "C. M. CONRAD. "Dr. ROBERT MAYo, Washington." Letterfrom the Postmaster General. "'PosT OFFICE DEPA.iRTMENT, July 3, 1852. "Sin: Please accept my thanks for the volume of "I Pension Laws," &c. which you were kind enough to send me. I have not been able to examine it with care, butrin overlooking its contents, I am led to the conclusion that the work must be of great value to those having business to transact at the Pension Office. "With great respect, your most obedient servant, "N. K. HALL, "Dr. R. MAYO, WVashington, D. C. 2Postmaster Genteral." Letter Jrom the Chairman of the Committee on Pensions of the Senate. "SENATE CualrMEa, June 11, 1852. " D iaR SiRt: Your compilation of Army and Navy Pension Laws was much needed, not only by the Representatives in Congress, and all agents having any business to transact for pensioners and applicants for pensions, but even, I believe, by the inmates of the Pension Office; for such have been the number and variety of pension laws that often much time was consumed in searching, among many indexes and volumes, for those laws that were wanted to solve questions arising in the examination of pension cases. Your book will save this loss of time and much labor. I heartily thank you for the volume you sent me, and hope the enterprise and industry which produced it will be well rewarded. " t gives me pleasure to add that the members of the Committee on Pensions think highly of your book, and will join in recommending its purchase. " Respectfully, your obedient servant,,"GEO. W. JONES, "Chairman of the Committee on Pensions. "ROBT. MAYO, M. 1)., Washington, ID. C." Fromz.M11embers of the Washinglton Bar. " Dr. R. MAYo, and F. MeOULTTNa, Esq."'GErNTIEMEN: Accept my sincere thanks-for a copy of your valuable compendium of the Pension and Bounty Land Laws, which you have been so kind as to send me.'Such a compilation executed with the care and industry which characterize this work, and illustrated by the introduction and appendices, cannot but prove invaluable to the Executive and Legislative Departments, as furnishing them in a well arranged form with the information so essential to the correct discharge of a large amount of the business upon which they are called to act. To the professional man, the agent for claims, and claimants themselves, it is not less important. "Very respectfully, yours, &c. "cJEly 5, 1852. RICH'D. S. COXE." We entirely concur with Mr. Coxe in the estimate which he has put upon the work of Dr. Mayo and Mr. Moulton. J. M. CARLISLE, JOS. H. BRADLEY, WALTER LENOX, P. R. FENDALL, RICHARD WALLACH.L ARMY AND NAVY AND BOUMTY LA~D LAWS OF THE UNITED STATES, INCLUDING SUNDRY ESOLTTIONS F CONGRESLUTIONS FROM 1776 TO 1852: EXECUTED AT THE DEPARTMENT OF THE INTERIOR. WITH AN APPENDIX CONTAINING THE OPINIONS OF ATTORNEYS GENERAL OF THE UNITED STATES, WITH THE DECISIONS, RULES7 AND REGULATIONS, ADOPTED BY DIFFERENT SECRETARI]ES, RELATIVE T TO THE EXECUTION OF THOSE LAWS. COMPILED BY ROBERT MAYO, M. D., AND FERDINAND MOULTON, COUNSELLOR AT LAW. WASHIING T ON:o PRINTED BY JNO. T. TOWERS. 1852. Copyright secured according to law. INTRODUCTION. It is no less important to understand the general policy of legislation on pensions and land bounties, than it is necessary to be acquainted with the particular provisions of every law relating to those equitable and munificent institutions, in order to execute the latter with a due regard to the former; and to aid in maintaining a con-istency with that policy, in all instances of special legislation, for carrying the same into practice. Otherwise, contrarieties would be apt to occur, both in the legislation and in the execution of the laws, that might give rise to discontents among those intended to be benefited by that policy, and blur the beautiful design of the system itself. lNor is it scarcely practicable for the most astute to discover all the beautiful features of the system, or detect the blemishes that insinuate themselves, unobserved, into the laws, as well as the executive practice in executing their provisions. It is sanguinely believed that all difficulty in these two important respects might be obviated by a general survey of that policy, whilst inspecting and executing the specific provisions of each of those laws, where any dubious phraseology may occur. But neither can the spirit of this general policy, nor the details of special legislation, be duly appreciated, except by collating and bringing together all those enactments, with a classified analysis of them all, and a particular examination of the provisions of each. To obtain these necessary lights to consistent legislation and an accurate execution of the laws, every one who has turned his attention to the subject knows that scarcely the first step has yet been taken with any adequate approach to satisfaction. This desirable object struck the attention of the Hon. Lewis Cass, then Secretary of War, when he ordered a compilation of the pension laws in 1833, as then executed at the War Department. But a material deficiency existed in that compilation, owing to the fact that the navy pension and the bounty land laws were not embraced in it-the former being then executed at the Navy Department, and the latter in a separate Bureau of the War Department. These exceptions to the homogeneous character of the pension system were pointed out in that compilation as demanding correction; and they were corrected, at intervals, by legal provisions transferring those duties to the Pension Office. That the reader may judge how near an approach was then made, under all disadvantages, to exhibit the general policy of the government in this regard, the Introduction to that edition of the pension laws is here subjoined, with appropriate interlineations in brackets, as follows:"Besides the ordinary pay, clothing, and rations, prescribed by law as a compensation for naval and military services, on the principle of wanes or monthly stipend, the gratitude of Government has dictated the institution of other remunerations for the casualties of wounds, disabilities, and indigence, by way of pension: and in many instances it has superadded, as an encouragement for extra protraction of service, a continuance of pay or half pay, for limited periods, or for life: together with an inheritance of half pay for a term of years to the widows and orphans of those who are killed or die of wounds received in the service: which provisions are also viewed in the light of pensions. "Legislative provisions for pensions are sometimes made by promissory resolves, in anticipation of the contingencies on which they are based, by way of encouraging the enterprise of enlistments, continued service, and personal daring. It is remarkable, that in the next month (26th August, 1776) after the declaration of independence, the old Con. ]IV INTRODUCTION. gress passed resolutions promising pensions to soldiers and seamen who might be disabled in the war. Shortly after that date, on the 15th May, 1778, half pay was promised for seven years after the conclusion of the war, to all commissioned officers who should continue in the army to the end of the war; and on the 25th September of the same year, the benefits of the resolutions of the 26th August, 1776, were made to reach back to all cases of disability from the commencement of hostilities on the 19th April, 1775. Thus, at this early period of the first military operations in the work of independence, was the magnanimous, politic, just, and grateful system of pensions commenced by anticipation; and, lest any oversight might have occurred, took a retroaction upon the few months that had elapsed; and from that time to the present day, our national legislature has gone on, step by step, to complete the details of this system, to meet all the demands of justice, gratitude, and humanity, towards our revolutionary worthies who have rendered military and naval services, and come within the conditions of those laws.* And finally, on the 2d March, 1833, the administration of this system was raised to the dignity of an independent bureau, under the management of a "6 Commissioner of Pensions," instituted by the act of that date, making appropriations for the i" civil and diplomatic expenses of the Government for the year 1833," which says (sec. 1, page 36 of the pamphlet of laws) "a Commissioner of Pensions shall be appointed by the President and the Senate, who'shall receive a salary of two thousand five hundred dollars, which is hereby appropriated.'He shall execute, under the direction of the Secretary of War, such duties in relation to'the various pensiorn laws as may be prescribed by the President of the United States;'and he shall also have the privilege of franking,' &c. [The office of Commissioner of' Pensions has been contin ued ever since by biennial enactments until the last continuance, which provides that it shall continue until further legislation on the subject-thereby relieving the necessity of further continuance. See act, p. 215.] " At this stage of mature legislative enactments upon this subject, the Secretary of War has thought proper to charge an humble individual in the Pension Office, with the task of compiling this system of laws, together with the opinions of Attorneys General, and the Rules and Regulations adopted by Secretaries of War, relative to the execution of those laws; and to digest an analytical index of the whole for publication. In executing this charge, some latitude has been taken by the compiler, in introducing, in the order of its date, the pension law of the 15th May, 1828, which is executed at the Treasury Department. [The execution of official duties under this act was shortly afterwards trallsferred to the Pension Office.] It was founded on the resolution of the 21st October, 1780, which is an important pillar of this system of laws; and the recent act of the 7th June, 1832, is an enlargement or a supplement to the said act of 1828; whereby the three necessarily throw a reciprocal light on each other. He has also introduced in the Appendix Mr. Wirt's opinion, " whether it was the intention of Congress to incorporate negroes and people of color with the army," as applicable to their claims for pensions, though that opinion was called for in relation to their claims for " land bounty." [This opinion will now be found in the order of its date.] He has also recapitulated, in the Appendix, (marked B, C, and D,) an abstract of the Rules and Regulations established by law, for the purpose of exhibiting the legal regulations in a condensed formn, in juxtaposition with the opinions and regulations of the Executive, that it may be the more easily seen how they quadrate with, supply the defects of, and support, each other. Furthermore, much pains has been taken to supply such omissions as were discovered in the course of publication, by introducing them, partly in the Appendix, malked A, and partly in an Addenda. [The omissions here alluded to, have been incorporated, in the order of their dates, in this extended edition.] " To dignify the pension laws of our country, with a place in the nomenclature of systems, may seem ridiculous to those who view these laws in a detached sense, or in the order of their dates only. But he who will take a survey of the prominent enactments, connected with the minute details growing out of each, as they are developed, though they were commenced and progressed under the dictates of justice and gratitude, without any view to system building, will nevertheless discover and admire therein, that beautiful symmetry and order of parts, which constitute system in any branch of science or law, natural or civil. To exhibit the same in a perspicuous manner, is attempted in the subjoined Analytical Index; to which the subsequent Tabular Summary may be regarded as a key. The multiplicity of private acts for the relief of individuals included il this * It may be satisfactory to advert to two exceptions, which break the continuity an] comprehensivehess of this system, viz: the execution of the navy pension laws as a distinct system at the Navy Department since the revolution, and the act of the 15th May, 1828, executed at the Treasury Departmrent. [It is scarcely necessary to observe that the navy pension laws and the act of the 15th May, 1828, have been since transferred to the Pension Office.] INTRODUCTION. V compilation, are not embraced in the Analysis, because they are cases absolute, and do not form necessary links in the series. They will be found in the Index, at the end of the volume." When that edition of the pension laws was exhausted, a resolution of the House of Representatives, passed on the 9th of October, 1837, called on the Secretary of War for a compilation of the pension laws " now in force"-a proposition which, in all probability, originated in the Pension Office. However that may be, it fell far short of the design that the occasion seelmed to call for, and still farther short of what was desirable in its execution-performed by the then Commissioner of Pensions, as may be seen by his report of " the pension laws now in force," addressed to the Hon. Joel R. Poinsett, then Secretary of War, and shortly afterwards transmitted by him to the House of Representatives, on the 18th of January, 1S38. Several editions of that compilation were afterwards printed for the use of the House. A brief review of its general character, is here subjoined; but it will be difficult to comprehend all the particulars of this review, without a copy of that report, in hand, for reference during the perusal of it, viz: Review of the pension laws now in force, compiled by James L. Edwards, Commissioner of Pensions. On the 18th January, 1838, the honorable Joel R. Poinsett, then Secretary of War, reported to the House of Representatives a copy of this compilation, prepared by Mr. Edwards, as comprising the information called for by a resolution of the House, passed on the 9th October, 1837, pending the extra session convoked by Mr. Van Buren. On the next day, the 19th January, 1838, the document was read in the House, laid on the table and ordered to be printed, for the use of the members, without even a reference of it to a committee to examine its accuracy. With all its imperfections on its head, it has already gone through two large editions of about 10,000 copies for the use of members of Congress; the second edition being a mere reprint of the first, without even an attempt to correct the obvious typographical or clerical errors it contained. But it is in regard to matters of graver import, which characterize this production, that I propose here to make a few remarks; from a little attention to which, it cannot fail to be perceived that, while this compilation is pompously sent forth by official report to the House of Representatives, as an authentic volume of" the Pension Laws now in force," without the scrutiny of that body, it is replete with the most extraordinary specimens of editorial ignorance and presumption that are any where else to be met with-being no better than an arbitrary mutilation, confusion, and perversion of law, in a variety of ways; the chief examples of which are referred to under the following descriptive heads, viz: 1. OF CHAPTERS.-The first and most remarkable freak of the editor's presumption, is to make an arbitrary classification of the series of extracts from the laws, under the false title of so many chapters of laws, as if those extracts were whole and unbroken subjects; while, in fact, said classification corresponds with no division or classification existing in the statutes; nor is it pretended that such a classification exists any where, as to the fractional parts of any subject; and yet the editor has made no explanation or apology for taking such a freedom with the existing forms of law.-(See the work fr'om beginning to end.) 2. OF SECTIONS.-On the other hand, he has as arbitrarily effaced and abolished the designation of sections as adopted in legislation for the sake of general perspicuity and a convenient reference to the details of a law.-(See also the work from beginning to end.) 3. OF ARTIFICIAL SUBDIVISrONs.-He has arbitrarily separated or subdivided, into sundry chapters, certain extracts from one and the same law, though he will not allow any of them to retain their legitimate minor divisions into sections.-(See his chapters 9 and 10, which are extracts, in part,from the act of April 25, 1808; also see chapters 26 and 27, which are extracts fJom the act of PFebruaaiy 4, 1822; also see chapters 47, 48, and 49, which, all three, are extracts from the act of July 4, 1836.) 4. OF ARTIFICIAL COMBINATIONS. —On the other hand he has, in two remarkable instances, combined other extracts from different laws, not only in one and the same chapter, but has even murged them into,one continuous indiscriminate paragraph —(See his chapter 9, which is made up of parts of the acts of April 10, 1806, and April 25, IS08; the 6th section of the former being interpolated into the 3d section of the latter, without explanation or reference, and all merged in one paragraph. (Query: Is this an in VII IiNTRODUCTION. tentional fraud to perpetuate the class of pensioners therein described?-the said act having expired by limitation in 1834.) See also his chapter 10, entitled by him "rules of evidence relative to invalid pensioners," which is made up by materials from various sources. Whether the regulations there given have been established by the Secretary of War, by the President, or by the authority of the acts of April 10, 1806, and April 25, 1808, he does not say. But, with the other extracts and interpolations which he has mixed up with those he derives from these acts, he makes up his chapter 10, of " the pensions laws now in force," while the rules and regulations adopted by the executive department belong to another part of his work. Nevertheless, the act of the 10th April, 1806, though thus trespassed upon in chapters 9 and 10, is no where quoted or referred to by the editor as an act now in force. But though that act must have expired, in other respects, by limitation in 1832, may not its rules of evidence, relative to invalid pensioners, have been rendered durable with the act of April 25, 1808, which seems to have adopted them, by reference to them, for use in connexion with the execution of that act, without incorporating them in it. And is it this reference to them by that act, which is the editor's authority for embracing them (in a garbled form as they are in his chapter 10,) under a reference to the act of April 25, 1808, without referring to the act of 10th April, 1806; in which, only, are they to be found written out? If so, then he has been very economical-nay, parsimonious of intelligible explanations, and as profuse of bewilderment on the other hand, with arbitrary admixtures, modifications, and prunings of them, so that they are hardly to be recognised by the side of their originals. But this, however it may be a good ground for the continuance of those rules, cannot have been the editor's idea at the time he was dovetailing this 10th chapter, as the passage quoted from the act of the 25th April, 1808, is divided off from the garbled rules taken fiom the act of the 10th April, 1806, without quotation, first by an interpolation of the editor's dictation, and then by a quotation from the act of the 18th April, 1814. So that if he claims any merit for considering any part of this act of the 10th April, 1806, as being now in force, it must be an after-thought, or he should have referred to it when he introduced the 6th section of it into his chapter 9; and likewise have explained the use he made of its rules of evidence in chapter 10, &c., &c. 5. OF OMISSIONS. —His extracts are sometimes mutilated by omissions that impair their meaning. For example, in his chapter 1, a proviso is omitted at the end of it, which could not have become obsolete, or have been repealed, as it forms an essential part of the section which it qualifies or restricts, and is of the same purport with the provisos retained at the end of his chapter 3, and elsewhere. The extract which forms his chapter 2, is so brief that the clause identifying the act to which it alludes for like compensation in like cases of disability, is omitted. There are sundry omissions in his chapter 10, particularly in that part which relates to rules of evidence concerning invalid pensions, taken firom the act of the 10th April, 1806, which would be too tedious to particularize here. Also his practice of clipping and razeeing, embarrasses the phraseology at the beginning of each of his chaptors 30, 32, and 37, as well as many others. 6. OF INTERPOLATIONS.-0On the other hand, his extracts are also sometimes falsified by interpolations, or substitutions of expression, that distort and pervert their meaning. For example, he has substituted titles, lo all his chapters, for the original titles, as if they formed a part, or prefix, of the laws. In his chapter 1, he has substituted eight instead offive dollars per month, as the rate of compensation allowed to non-commissioned officers, musicians, and privates; and he has done the same thing in his chapter 2. If these substitutions of rates of pay to these grades of service, were intended to make them correspond with the subsequent increase of their pensions by the act of the 24th of April, 1816, why was not the monthly half pay of commissioned officers made to correspond with the like increase of their pension by the same act? and why did he not make the five dollars per month allowed to non-commissioned officers, musicians, and privates, in his immediately succeeding 3d and 6th chapters, also to correspond with the same increase of their pensions to eight dollars per month, according to the same act of 24th April, 1816? But, in fact, it is not competent for him or any other authority to make a preceeding law correspond with the provisions of a subsequent one; and the minutest alteration of the letter of the law is a Jraud. Were it desirable to note the increase of pensions that had subsequently taken place, it should have been uniformly done in the several acts, and in respect to all grades of pensions, in brackets, without altering the original. He has also macie his chapter 1-which is a mutilated extract from the act of the 30th April, 1790-provide for rangers and seafencibles, not mentioned in that law, and not known to the service until the war of 1812, with the Indians and Great Britain. In chapter 9, and chapter 10, (each of which, on account of their editorial enormities, claims a principal notice under nearly all the heads of these strictures) are INTRODU CTIOYN. VII exhibited instances of interpolation, most of which have already been mentioned, when speaking of the editor's artificial combinations of extracts from different laws in the same chapter. But, in regard to the mellange of chapter 10, the pains-taking artifice by which it is made up, must not be overlooked as respects a particular feature of it that I will now mention. After extracting nine and a quarter lines, (being sec. 4, of the act of April 25, 1808, authorizing certain descriptions of invalids to be placed on the pension list, at rates of compensation, and under regulations prescribed by the act April 10, 1806,) he goes on, in the same paragraph, to connect with said sec. 4, of 25th April, 1808, a garbled part of sec. 3, of act of 18th April, 1814, by the dovetailing intervention of two lines, of his own dictation, so artfully constructed as to make the garbled part of sec. 3, of the latter law, fit the sec. 4, of the former act, and, at the same time, to bring into action, immediately after that garbled section, the garbled rules and regulations relating to invalid pensioners, as he has partially derived them, at a hop,skip, and jump, from the act of the 10th April, 1806, which he never quoted as being among the laws now in force! Grant that all this may be very expressive of the mode of administering the Pension Office, and possibly correct, withall, as to the practical results, yet it is neither a faithful transcript of the pension laws, nor does it give a satisfactory evidence of the good faith of the presiding officer, much less a satisfactory assurance that the practice of the officer is correct, under such an arbitrary mellange of materials-of laws and regulations, if you please so to term them-which to say the least of it, is an outrage upon the letter and forms of law, that no one can justify or excuse, even if it be not based in pension frauds of the grossest character and amount. 7. OF REPEALED AND OBSOLETE LAwS.-It would not become that degree of modesty proper to all who are not profound judges of law, to say how extensively Mr. Edwards may rightfully have gone in introducing extracts from laws that are repealed or obsolete, and excluding others that are not so, while making up this spurious production, miscalled " the pension laws now in force." That he has done so, however, to some extent, there can be no doubt. Of this class, I may safely refer to those, which, from their express condition, involve vested rights, by partaking of the obligation of contracts, and therefore cannot be repealed, or become obsolete, until the ascertained death of all the persons entitled to the benefits of them, or the timely acceptance of commutation in such cases provided. Of this description, for example, I presume it will not be denied, are the resolutions of the 15th May, 1778, October 3, and 21, 1780, and March 22, 1783, neither of which is noticed by Mr. Edwards, while they are clearly of the nature of contracts of the government, tendered to, and accepted by, all who entered, and continued in the public service to the end of the war, upon the good faith of those resolutions, which entitled them to half pay during life, to commence from the tinme of their reduction. That such acts or resolves are properly viewed in the nature of contracts, we need refer to no other authority than that of the act of March 2, 1833, which Mr. Edwards ought to have become acquainted with from his own compilation. Such is the " vade-mecum" afforded by the late Commissioner of Pensions, to the two Houses of Congress, the chief executive officers and their subordinates, to claimants under those laws, and to all parties interested in the proper execution of the pension system. It will not be denied by any impartial or unprejudiced person, that there was too great a license left to the discretion of Mr. Edwards, to say what pension laws were in force at the date of his report; and that he made a great mistake in excluding many laws as not in force, which, partaking of the nature of contracts, must necessarily continue in force whilst there might be a claimant, widow, orphan, or legal representative living, who, if not yet satisfied, might be entitled to receive the benefits promised to them; also that he greatly abused his authority, by mutilating those laws he did select as now in force, and practicing other gross freedoms with them-all of which is too apparent for further remark. We now proceed to elucidate, in our own humble way, the general policy of the pension and bounty land system of the United States-a policy which is only derivable from a comprehensive survey of the whole subject. In the first place, then, it is proper to state, that this system is not confined or restricted to those who have been connected with the naval or military service of the United States, as might be inferred from the title of this compilation. The system, as it developed itself, soon took a much wider range, as will be presently seen. VIII INTRODUCTIOOlN The most striking and regular feature of the pension division of this system, which evolved itself at the beginning of the revolution, and which has maintained itself throughout our military conflicts, as the fundamental principle from which all the purposes of the liberal extension of the pension laws afterwards emanated, is to be found in the resolution of the 26th of August, 1776, providing pensions for officers of the army and navy, and for the soldiers, seamen, and marines, who may lose a limb, or be otherwise disabled in the line of their duty, adequate to their support; but not to exceed their half pay, in cases of complete disability; and proportionably less in cases of less than complete disability. Shortly after that resolution providing, pensions for invalids, another important feature of this system sprung forth in the resolution of the 16th ort September, 1776,. providing for grants of land in certain specified proportions, as a bounty to officers and soldiers who shall engage in the service and continue therein to the close of the war or until discharged by Congress, and to the representatives of such officers and: soldiers as shall be slain by the enemy. From these two resolutions, it is manifest that Congress sat out with the purpose of providing pensions to persons connected with the military and naval: service, as set forth in that of the 26th of August, and land bounties to persons connected with the military service, only, as set forth in the resolution of the 16th of September-a discrimination, by the bye, that must have arisen from an oversight of the moment, or fromn some, policy not intended to be perpetual. Nor could two resolutions, however comprehensive and satisfactory under the then existing infancy of our national legislation, be expected to complete the system they set in motion. Accordingly-, it was not long (less than' two years) before Congress introduced a new and very important feature in the pension branch of the system, by the resolution of the 15th of May, 1778, providing "'half pay for seven years after the conclusion of the war, to all officers who shall; continue in the army to the end of the war;" which half pay was viewed in the' light of a pension from the date of its enactment, and has been so considered and practically- regarded ever since, though not so called in the resolution. And in two years more, this very provision of half pay to officers continuing in the service, &c., was extended to the' widows and orphans of those, and also of other officers, "(who have died, or' shall hereafter die in: the service," as expressed in the resolution of the 24th of August, 1780. And again, in less than two months more, the provision for the former continuing in service during t:he war, was continued to them, for life, by the resolution of the 21st of October,. 1780. A grave question was raised and elaborately discussed some years ago, which, though of no practical utility-now, it will be quite; a curious-evidence of the uses to which legal learning may be applied to carry some questions of emergency against the obvious provisions of law, and the executive practice: under them. Inl that discussion, in which the President of the Bank of the United States and the Secretary of War were antagonists upon the question of the authority of the latter over the books, deposites, and: payments, of"' pension funds" by the Bank and' its branches,as the pension agents under its charter, (the same having been brought up in reference to the payments of the pensions provided for by the act of 7th June, 1832;,) the opinion of the Attorney General, the Hon. B. F. Butler, was resorted to by the' Secretary of War; and in, the fearful odds existing against the Bank, the learned Attorney General seems, in one respect, to have gone into a labor of supererogation, having all the strong points in his own hands against the Bank, to prove that the above cited resolution of the 21st October, 1780, formed no part of the pension system; and that all those subsequent enactments based upon it are to be excluded from all consideration as pension laws; specifying the act; of the 15th of May, 1828, and INISTRODUCTION. IX tie act of the 7th of June, 1832, then the subject of contention. If the establishment of that proposition had been essential to carry the point assumed against the Bank, it might have been more difficult to accomplish than it proved to be. For, to exclude these laws from the pension system, would be a virtual exclusion of the other two above cited resolutions of the 24th of August, 1780, and the 15th of May, 1778, and consequently to strike from the pension rolls all the officers, and the widows and orphans, therein provided for. And the same fate would attend all others not embraced in the class of invalid pensioners. That argument of the learned Attorney General, of the 3d of February, 1834, occupies more than ten closely printed octavo pages in the Opinions of Attorneys'General. So that, from its great length, and its inapplicability to any possible contingency hereafter-these laws having continued to be regarded by Congress and the Executive Departments in the class of pension laws, and that argument having served the.emergency under which it was written-it would be out of place in this collection, as contravening the settled practice of the Departments in executing those laws. It will not be amiss, however, to state here, and to make a remark thereon, as pertinlent to the main subject of this Introduction, that the chief reliance of the Attorney General -to show that these laws are not pension laws, is, that the pay, compensation, or half pay, conferred on the officers who had rendered the service described, and on their widows, &c., was not called a pension by those acts; and that the acts of the 7th June, 1832, and of the 15th May, 1828, were ordered to be executed at the Treasury Departlment. But these allegations respecting those laws, though true, will readily be perceived not in the least to impugn their classification as pension laws, and the pecuniary provisions they contain as pensions. The single fact that these laws were, very soon after their passage, ordered by Congress to be executed at the War Department, then having charge of the other military pension laws, goes far to invalidate that part of the Attorney General's argument. In the next place, the fact that other pension laws were then executed in another Department, and that all of them have been fiom time to time executed at different Departments, must totally set aside all plausibility assumed by this part of the argument, and also show that this or that particular Department in which these laws were executed, did not necessarily settle the question whether they were pension laws. But, in divesting these laws of the pension feature or denomination, as the learned Attorney General'endeavors to do, he plainly insinuates that they properly'belong to the pay department of the army; for he contends that they should follow their character of military pay, half pay, compensation, &c., as expressed in the acts themselves. Yet, this would be as far from sustaining the views of the Attorney General, because these provisions of half pay, &c., being pure gratuities, in consideration of eminent services, privations, hardships, and decline of life, in the public service, in the evil consequences of which their widows and orphans must more or less participate, could not fail to be characterised and associated under the general denomination of pensions, and be barred from any association whatever with the established military pay assigned to the great pay department of the army. Nay, any other disposition that could have been made of these gratuities, by the learned Attorney General, or by the authority of Congress, instead of assigning to them the denomination of pensions, would have despoiled them of that beautiful and prepossessing trait they rightfully derive from the benevolent and paternal charms of the pension system, which holds forth to every man that goes into the service of his country the implied paternal promise, that he and his shall not be forgotten in the extremities that may come upon them, even if they should escape personal wounds and disabilities which would entitle them to " invalid pensions"-but that disabilities of another character, springing upon them from other sources, mainly because the prime of their lives had been INT —-2 ~~~X 3E~~INTODU'OTIGN', so spent in their country's cause, that they were rendered less able to provide for themr selves at last-would yet entitle them and theirs to be cherished in the sympathizing red collections of their grateful country. Acc. rdingly, there has been amply awarded to them, these tokens of gratitude and sympathy for the privations incident to a military life, and the general disabilities consequent thereto, under the paternal denomination of " pension,"' in lieu of which any other general denomination would be viewed as odious: If these remarks be not satisfactory against the assumption of the learned Attorney General, that the act of the 7th June, 1832, is. not a pension law, all further doubt will be removed by referring to the resolution of the 2d of March, 1833, [1551 p. 177 of this compilation, passed less than one year after the act of June, 1832, which says "G that inr the execution of the said act of the June 7th, 1832, wherever it shall be made to appear that any applicant for a pension under said act, entered the army of the revolution previous to the 1 th of April, 1783,and continued in service until after that period," &c. It is not material here to form a conjecture how this resolution, passed during the incumbency of Mr. Attorney General Butler, characterizing the aforesaid act as a pension law, should have escaped the observance of his all-searching eye. Not to multiply evidence unnecessarily from the highest authority, we shall barely advert to the opinion of the immediate predecessor of Mr. Butler, Mr. Taney, now Chief Justice of the United States, in which he speaks of this act throughout as a pension law. He commences that opinion saying, " The act of June 7th, 1832, granting pensions for revolutionary services, is not confined to resident American citizens. The 1st section gives the, pension to I each of the surviving officers, non-commissioned officers, music cians, soldiers, and. Indian spies, who served in the continental line,' " &c. &c.-(Sca opinion, October 27, 1832, [351 Appendix.) But, to return from this important digression, the new feature before mentioned, of' munificent gratuities for eminent services and privations, having been introduced by the resolution of the 15th of May, 1778, and confirmed by the resolutions of the 24th of August and 21st of October, 1780, and varied only in certain cases by the commutation resolution of the 22d of March, 1783, by extending its principles, gave earnest of the subsequent enactments, down to the present time, establishing a class of auxiliary, or rather complemental pensions to supply the deficiency of the institution of invalid pensions, by making provision for the privations, hardships, and disabilities of a less definitive character, but necessarily incident to a military life, (and which might be rightfully considered as the counterpart of invalid pensions, if not emanations from them,) but in point of dignity and indispensable justice, secondary to them, though amplified and extended, in the end, to nearly the whole military and naval service, or their widows and orphan children. In like manner did the bounty land resolution of the 16th of September, 1776, passed in anticipation of this conmplement to invalid pensions, furnish an auxiliary, also, in its way, to the pension system, properly so called, by instituting land bounties; but in various proportions, and more restricted in regard to denominations and dignity of service-that is, restricted to officers exclusively, and to those of the army alone, or, rather, exclusive of the naval service-for bounty lands were amply provided for refugees and deserters from the enemy, to be noted hereafter. Having thus far established the three great foundations of the entire pension system, consisting of invalid pensions, gratuitous pensions, and land bounties, it only remained to carry out its fundamental principles according to the expanding and liberal policy of the Government, by bringing upon that great pension platform, all the objects deemed worthy of the country's bounty and support, in the different ways it had sketched out, in :XNTRODUCTfION. XI order to complete the details of the system. And though we shall find it, in the course of time, extended by that liberal policy to many parties not actually participating in physical disabilities, or privations, and hardships, in the military or naval service; yet, in every instance, these metes of justice., and tokens of gratitude, will be found very appropriately to range under either invalid pensions, gratuitous pensions, or land bounties. Such being the ascertained outlines of the system established at an early period during the revolution, it will now be comparatively easy to show on what classes or descriptions of persons Congress thought proper to confer each or either of those evidences of their justice and grateful regard: in other words, to show how the fundamental principles and policy of this system were afterwards extended so as to embrace all persons worthy of their provisions, besides those connected with the military and naval service proper; and how they maintained their consistency in that extension of the national policy, or became occasionally irregular in their details, as to particular laws or classes of acts, and the administration of them: for example, that immense class of laws making provision for Virginia military bounty lands, had circumstances peculiar to distinguish them from all other land bounties, and have always been executed separate from them, and chiefly at the General Land Office. FIRST.-OF INVALID PENSIoNs. It will be proper to consider invalid pensions under two heads; those granted to invalids of the revolution, and those granted to invalids since the revolution; on account of the difference of circumstances and regulations which bring the invalids of those different periods on the invalid pension rolls. It will be perceived that these two heads embrace not only the invalids of the regular military service, and the invalids of the naval service proper, but also the invalids of the marine, the privateer, seafencible, ranger, and volunteer service of the United States, as these respective auxiliary branches have been instituted and provided for from time to time, in connexion with the regular military and naval service, under the emergencies and the policy of the government demanding them. 1. Invalids of the Revolhtion.-Officers, commissioned and non-commissioned, of the army and navy, also musicians, soldiers, marines, seamen, and privateersmen, who lost a limb, or were otherwise disabled in the line of their duty, including militia and volunteers, as well as those who, after disability incurred, resigned their commissions and were discharged, or were taken captive by the enemy, and so remained, or on parole, to the end of the war, were entitled to pensions adequate to their support during life, or the continuance of their disability, not to exceed their half pay as officers, soldiers, marines, or seamen, for complete disability, and a less rate according to the diminished rate of disability-the period of the war being defined to be from the commencement of hostilities on the 19th of April, 1775, to the definitive treaty of peace on the 11th of April, 1783-all arrears of pensions due to said invalid pensioners at their death, being subject to be paid to their widows, orphans, or legal representatives-at which time they fall into the class of gratuitous pensions. The various resolutions and acts of Congress providing for these invalids, will be found appropriately referred to in the table of analysis at the conclusion of this Introduction. The mode adopted by Congress to find out and procure authentic lists of these invalids, was, to recommend to the State legislatures to provide fbr and pay such invalids in their respective States, on account of the United States, and transmit a report of the same, quarterly, to the Secretary of Congress or the Board of War, (see resolution [1] p. 1, articles 4, 5, 6, 7;) and subsequently, to require the judges of district and circuit courts, on their clerk of court making due publication, to entertain the proper proceedings to ascertain, and transmit authentic lists of such invalids to the Secretary of War for his inspec - XIIE INTROiDUCTION6 tion and comparison with the military rolls in his office, and report the said lists, witih his remarks and suggestions to Congress, that said invalids might be provided for, and be directed to be placed on the pension roll by the Secretary of War. —(See act of the 23d l1arch, 1792, [9,1 p. 22.) The act of 28th February, 1793, [12] p. 26, stating that the said pension act (of 1792) "is found by experience to be inadequate to prevent the admission of improper claims to invalid pensions, and not to contain a sufficient facility for the allowance of such as may be well founded," repealed the 2d, 3d, and 4th sections of the aforesaid act, and prescribed rules to be observed in the investigation of those claims, and repeated the injunctions on the court to transmit to the Secretary of War a list of those claiming, accompanied with the evidence therein directed. But the act of the 10th of April, 1806, [35,] p. 49, repealed these and all other acts, so far as they authorized persons to be placed on the pension rolls, for, and in consequence of wounds received in the revolutionary war, and prescribed other rules and regulations. for the government of the courts in preparing and transmiting the lists of claimants, with the evidence in their behalf, to the Secretary of War, to be reported to Congress, with his remarks. So that under these regulations and others subsequently adopted, the lists of claimants to revolutionary invalid pensions, as likewise claims for increase of pensions, as provided for by law, continued to be transmitted by the courts to the Secretary of War, until the act of the 3d of March, 1819, [93,] p. 124, sec. 4, authorized the Secretary of War thereafter, to place on the pension rolls, "without reporting said lists to Congress," all persons entitled to pensions in conformity with the provisions of the act of the 10th of April, 1806, and the 4th section of the act of the 25th of April, 1808. Nor is it unworthy of remark here, that under the proceedings in court, required by those laws, a principle was matured in ascertaining the degrees of disability, whereby, commencing with complete disability, they discriminated all grades of disability down to nothing, designating them accordingly, as seven-eighths of disability, half disability, one-eighth disability, and all intermediate grades, entitling such invalids to a full pension, seven-eights of a pension, one-half of a pension, one-eighth of a pension, &c., which would baffle the efforts of modern skill to ascertain such minute grades of disability-the surgeons making surveys of disability in latter days, being generally content with reporting, on an average, one-half, three-fourths, or complete disability, without going into the calculation of minute fractions of disability. For further light respecting revolutionary invalid pensions, we must see the analysis appended to this Introduction, and the several acts there referred to, and particularly to the acts concerning invalid pensions, directing the list of invalids they contain, to be placed on the pension rolls. These latter constitute a feature peculiar to the treatment of revolutionary invalid claims, there being no such process for ascertaining and verifying, in the courts, the claims of invalids disabled since the revolution, as will be seen under that head here next ensuing. 2. Invalids since the Revolution.-Whilst the interests of revolutionary invalids were receiving great attention, even down to the present time, invalids disabled since the revolution were also participating in the bountiful consideration of Congress, as early as the first act passed after the war, "for regulating the military establishment of the United States," of the 30th of.April, 1790, [2,] p. 15. By that act, ordering the enlistment of " able bodied men," it was provided that if any commissioned, or non-commissioned officer, musician, or private, shall be wounded or disabled, while in the line of his duty, he shall be placed on the list of invalids of the United States, at such rates of pay, under such rules and regulations as shall be directed by the PRESIDENT, for the time INTROD)UCTION. XIII being, not to exceed, for the highest disability, half the monthly pay at the time of the wound, for commissioned officers, and never to exceed five dollars a month for noncommissioned officers, musicians, and privates; and for inferior disability, sums proportioned to those for the highest disability.-(See the act itself of the 30th of April, 1790, [2,] p. 15.) The provisions and restrictions in relation to disabilities that might occur in the regiment of three years' men ordered to be enlisted into the service of the United States by this act, to be executed under regulations by the President, were continued from time to time, and applied to the claims of persons who might be disabled in other regiments of the regular army, the militia and volunteer corps called into the service of the United States by subsequent acts, until the passage of the act of the 25th of April, 1808, [38,] p. 56, as may be seen by the acts referred to in the table of analysis under this head. By this latter act, however, the claims of invalids of the regular army, militia, and volunteer corps, disabled in the service of the United States since the revolutionary war, were ordered to be thereafter placed on the pension roll at the rates, and under the new regulations prescribed by the act of the 10th of April, 1806, [35,1 p. 69, further providing for invalids disabled in the war of the revolution, whereby the claims of invalids disabled during the revolution, and since the revolution, became assimilated, and in every practical sense identified, except as to the periods of their disability during or since the revolution, whereby it was, nevertheless, easy to preserve these pension rolls distinct. From that time the provisions for invalids of this last mentioned act were continued and executed under the same regulations therein prescribed, until the passage of the act of the 3d of March, 1815, [56,] p. 100, (including the provisions for invalids in the corps of rangers and seafencibles, raised by the act of January 2, 1812, and the act of July 26, 1813,) with the exception of the invalids of the campaign of the Wabash, who were required by the act of the 10th of April, 1812, [47,] p. 83, to be placed on the pension roll at rates to be prescribed by the PRESIDENT, and under regulations to be adopted by the Secretary of War. But the aforesaid act of the 3d of March, 1815, adopted the same provisions for wounds and disabilities of officers and privates of the peace establishment of 1815, that were adopted for the peace establishment of 1802, under regulations at the discretion of the PRESIDENT. And again, the act of the 16th of April, 1816, [58,] p. 103, authorizes and directs that invalids disabled during the late war (of 1812 and 1815) be placed on the pension roll under rules of evidence to be prescribed by the PRESIDENT, provided they do not interfere with those prescribed by the act of the 2d of August, 1813, [51,] p. 93, which act, by the bye, had adopted the regulations of the aforesaid act of the 10th of April, 1806; and consequently those regulations were again brought into operation, virtually repealing those applied to claims of invalids of the peace establishments of 1802 and 1815. And we have seen under the preceding head that the act of the 3d of March, 1819, established new rules and regulations for ascertaining disabilities of invalids incurred during and since the revolution: so that if we had not now nearly exhausted this subject, we might well say that no further evidence can be necessary to show the instability of legislation in prescribing rules and regulations for the ascertainment and adjudication of invalid pension claims, and the rates of pensions to be awarded. But it may be satisfactory to know that there is very little variation ill the practice of either, inasmuch as, whenever these are left to the discretion of the President or of the heads of departments, the most approved legal provisions in like cases are adopted by them. It may be desirable to most readers, to find, in this connexion, a brief statement of the origin, the objects, and the management, of those important funds, viz: the " Marine XIV INTRODUCTION. Hospital Fund," the "' Navy Pension Fund," and the " Privateer Pension Fund," in order to appreciate their connexion in administering relief to mariners, and to facilitate a proper distinction between them-those funds having been liable to some confusion on several accounts, such as the similarity of their objects, and the identity of the high functionaries to whose charge they were severally entrusted, as "Commissioners of the Marine Hospital Fund" —"Commissioners of the Navy Pension Fund"-and "Commissioners of the Privateer Pension Fund;" in which last instance, however, the fund named is erroneously assumed even by law to have been so entrusted, and by law has been confounded with the Navy Pension Fund, as will be seen in the sequel. 1. Of the MIarine Hospital PFznd.-On the 16th July, 1798, "An act for the relief of sick and disabled seamen," was passed, whereof section 1 provides " that from the first of September thereafter, the master or owner of every rmerchant] ship or vessel of the United States, arriving from a a foreign port, shall render to the collector of the port at which such vessel may enter, a true account of the number of seamen employed on board such vessel since she was last entered at any port in the United States; and shall pay to the said collector, at the rate of twenty cents per month, for every seaman so employed; which sum he is hereby authorized to retain out of the wages of such seaman. And that from the first of September, aforesaid, no collector shall grant to any ship or vessel whose enrolment or license for carrying on the coasting trade has expired, a new enrolment or license, before the master of such ship or vessel shall first render a true account to the collector of the number of seamen, and the time they have severally been employed on board such ship or vessel, during the continuance of the license which has so expired, and pay to such collector twenty cents per month, for every month such seamen have been employed, which sum the master is authorized to retain out of the wages of such seamen. Out of this fund the President of the United States is authorized to provide for the temporary relief and maintenance of sick and disabled seamen, in the hospitals or other institutions then existing in the several ports of the United States. The President is also authorized to purchase or receive donations of ground or buildings, and when necessary, to cause buildings to be erected as hospitals, for the accommodation of sick and disabled seamen. And he is further authorized to appoint persons, to be called directors of the marine hospital (subsequently called navy hospitals) of the United States, in the different ports, whose duty it shall be to direct and govern such hospital," &c. The objects and resources of this fund were considerably enlarged as follows: On the 2d March, 1799, "An act in addition to'An act for the relief of sick and disabled seamen,'" provides " that the Secretary of the Navy shall be authorized to deduct, after the first day of September next, from the pay thereafter to become due, of the officers, seamen, and marines, of the navy of the United States, at the rate of twenty centsper month, for every said officer, seaman, and marine, and to pay the same quarter annually, to the Secretary of the Treasury, to be applied to the same purposes as the money collected by virtue of the abovementioned act is appropriated, (to be in like manner under the direction of the President of the United States.) And that the officers, seamen, and marines, of the navy of the United States, shall be entitled to receive the same benefits and advantages, as, by the act above mentioned, are provided for the relief of the sick and disabled seamen of the merchant vessels of the United States." The objects and resources of said fund were afterwards modified and extended by the act of the 26th February, 1811, "establishing navy hospitals," of which the 1st section provides, " that the money hereafter collected by virtue of the act entitled "An act in addition to'An act for the relief of sick and disabled seamen,'" shall be paid to the Secretary of the Navy, the Secretary of the Treasury, and the Secratary of War, for the INTRODUCTION. XV time being, who are hereby appointed a board of commissioners, by the name and style of' Commissioners of Navy Hospitals,' which, together with the sum of fifty thousand dollars hereby appropriated out of the unexpended balance of the' Marine Hospital Fund' to be paid to the commissioners aforesaid, shall constitute a' Fund for Navy Hospitals.'" And the 2d section says, "all filles imposed on navy officers, seamen, and marines, shall be paid to the Commissioners of Navy Hospitals." And the 3d section requires the said commissioners to provide or cause to be erected necessary buildings, &c., at suitable sites, and, " at one of the establishments, to provide a permanent ASYLUM for disabled and decrepid navy officers, seamen, and marines." And the 4th section requires the said commissioners to prepare and report to Congress the necessary rules and regulations for the government of this institution. And the 5th section provides, " that, when any officer, seaman, or marine, entitled to [and in receipt of] a pension, shall be admitted into a navy hospital, [or the asylum,] such pension, during his continuance therein, shall be paid to the Commissioners of the Navy Hospitals, and deducted from the account of such pensioner [by the pension agent at the agency where his pension is usually paid.]" 2. Of the Navy Pension Fund.-0On the 2d March, 1799, and 23d April, 1800, the acts of those dates (see [226] and [227] sequel) established the " navy pension fund." The said acts " for the government, or for the better government of the navy," provides as follows: "That every officer, seaman, or marine disabled in the service, shall be entitled to receive for his own life and the life of his wife, if married at the time of receiving the wound, one-half of his monthly pay, (sec. 8.) That all the money accruing, or which has accrued, from the sale of prizes, shall be a permanent fund for the payment of the half pay to officers and seamen who may be entitled to receive the same, and the surplus shall be applied to the making of further provisions for the comfort of disabled officers, seamen, and marines, and for such as may not be disabled, who may merit, by their bravery, or their long and faithful services, the gratitude of their country. And that the said fund shall be under the management and direction of the Secretary of the Navy, of War, and of the Treasury, for the time being," under the name and title of ~' Commissioners of the Navy Pension Fund," &c. But the act of the Sf6th March, 1804, in relation to the navy pension fund, directs that all moneys accrued or accruing thereafter, from the capture and sale of prizes, shall be paid to the Treasurer of the United States, instead of the Commissioners of the Navy Pension Fund; and the said commissioners are authorized and directed by that act to make such regulations as may be expedient for the admission of persons on the roll of navy pensioners, and for the payment of the same. Before the establishment of this fund, however, the act of 1st July, 1797, " providing a naval armament," had, in section 11, directed " that any officer, non-commissioned officer, marine, or seaman, belonging to the navy of the United States, who shall be wounded or disabled while in the line of his duty, shall be placed on the list of invalids of the United States, at such rates of pay, and under such regulations, as shall be directed by the President of the United States," &c. (See the act [225] page 229, sequel.) Said pensions, of course, until the establishment of this fund, were paid out of the Treasury. 3. Of the Privateer Pension Fund.-This fund was not established until the 26th June, 1812. The act of that date, entitled "An act concerning letters-of-marque, prizes, and prize goods, section 17th, says: " That Two PER CENTUVM on the nett amount (after deducting all charges and expenditures) of the prize money arising from captured vessels and cargoes, and on the nett amount of the salvage of vessels and cargoes recaptured by the private armed vessels of the United States (the whole of which had constituted the navy pension fund,) shall be secured and paid over to the collector, or other chief XVI INTRODUCTION. officer of the customs, at the port or place in the United States at which such captured or recaptured vessel may arrive. And the moneys arising therefrom shall be held, and hereby is pledged by the government of the United States, as a FUND for the support and maintenance of the widows and orphans of such persons as may be wounded and disabled on board the private armed vessels of the United,States, in any engagement with the enemy, to be assigned and distributed in such manner as shall hereafter by law be provided"-this being the first provision for privateer invalids. And by the act of the 13th February, 1813, " regulating pensions to persons on board of private armed ships'" the Two PER CENTUMv reserved in the hands of the collectors and consuls, under the aforementioned act, is required to be paid into the Treasury, and to constitute a fund for the purposes provided for by the 17th section of the aforesaid act of 1812. And the 2d section of this act of 1813, requires the Secretary of the NLavy to place on the pension list, under the like regulations and restrictions as are used in relation to the navy [query-navy pensioners?] of the United States, any officer, seaman, or marine, who, on board of any private armed vessel bearing a commission of letter-ofmarque, shall have been wounded or otherwise disabled in an engagement with the enemy, &c., &c., which pension shall be paid, by direction of the Secretary of the Navy, out of the fund above provided." And the 3d and 4th sections of this act requires "6 that the commanding officers of such vessels shall keep a journal of the name and rank of any officer, and the name of any seaman, who shall have been so wounded or disabled, describing the manner and extent of the same, so far as practicable; and that every collector shall transmit quarterly to the Secretary of the Navy a transcript of such journals as may have been reported to him of such wounds and disabilities, the better to enable the Secretary to decide on claims for privateer pensions." Now, although the privateerfund never was paid to, or put in charge of, the three Secretaries-the Secretary of the Navy, the Secretary of War, and the Secretary of the Treasury-as commissioners of different funds, but was required to be paid into the Treasury by this act, and the Secretary of the Navy alone was charged with the duty of receiving and adjudicating privateer pension claims, and was required to pay the same out of this fund, being an exception to the policy observed in the case of navy pensions; yet the act of July 10th, 1832, treats it as having been one of those funds from which it releases and discharges those Secretaries of all further trust and responsibility, whilst it transfers to, and constitutes, the Secretary of the Navy the sole trustee of all said funds. It says: " The Commissioners of the Navy Pension and Navy Hospital Funds are hereby directed to close their accounts as trustees of said funds, and to pay over the balance of cash in their hands, and to assign over and transfer all the certificates of stocks and other property belonging to the said funds and to the privateer pension fund, to the Treasurer of the United States [ to whom the latter had already been directed to be paid ] for the use of the Secretary of the Navy, for the payment of navy and privateer pensions, [ with which latter he was already charged,] and for expenditures on account of navy hospitals, et cetera; and as soon as said assignment and transfor shall be made, the said commissioners shall be, and they are hereby, released and discharged from all further trust connected with said funds, and the Secretary of the Navy be, and he is hereby, constituted the trustee of said funds; and as such it shall be his duty to receive applications for pensions, [ being already charged with the applications for privateer pensions,] and to grant the same according to the terms in such cases made and provided; and to direct and control the expenditures out of the navy hospital fund." Nor has it been less difficult, in the intricacies of legislation, at other times, to maintain !NTRODUIC( TION. XVII she proper distinction between the navy pension fund and the privateer pension fund. One more instance will suffice. The act of the 3d of March, 1817, " to amend and explain an act giving pensions to widows and orphans of persons slain in the public or private armed vessels of the United States; provided, (as also did the act so explained and amended,) that the money required to pay such pensions should be paid out of the navy pension fund, under the direction of the commissioners of fhat fund." Whereas, there should have been a distinction between the payments to widows and orphans of persons slain in the public vessels of the United States, and the payments required to be paid to the widows and orphans of persons slain in the private aimed vessels of the United States. Accordingly, at the next session of Congress " an act in addition to the above act" was passed on the 16th April, 1818, which made the proper distinction by providing, in the second section, " that the widow, and if no widow, the children of any officer, seaman, or marine, who shall have died in consequence of casualties which occurred in the line of his duty on board of a private armed vessel of the United States, shall be paid out of the privateer pension fund, and no other." It is well known, however, that the like misapprehensions have occurred in a great number of other instances, where explanatory acts in most of them have been resorted to. But, before passing to the next head of gratuitous pensions, it is proper here to note a fact, and to make a few remarks in illustration of the same, however irrelevant to,his review of the general policy of our pension system, that, in the administration of the laws granting pensions to invalids both of the military and naval service of the revolution, and since the revolution, there never has been an official form prescribed, technically called a " declaration," by which an invalid in either service might approach the proper department with his claim for a pension. For the waut of such a guide, the invalids in both branches of the service have suffered the greatest embarrassment how to proceed in presenting their claims to the consideration of the proper department. Whilst the different States, severally,-under the recommendation of Congress by the resolutions of the 26th August, 1776, and 7th June, 1785, to provide for the revolutionary invalids, both of the military and naval service, at the account and charge of the United States, according to the certificates of a commanding officer and surgeon of the regiment, ship, or company, in which they served, or from a physician or surgeon of a military hospital, or other good and sufficient testimony setting forth their disability, and that they were disabled in the service of the United States, and to report by their appointed agents complete lists of said invalids made out by those agents, in the first instance, to the Secretary of Congress or to the Board of VWar, under the resolution of 1776, and afterwards, under the resolution of 1785 to the office of the Secretary of War, to be laid before Congress; in which lists were required to be expressed the pay, the age, and the disability, of each individual, also the regiment, the corps, or ship, to which they belonged, and which requirements were subsequently executed (under the 1st section of the act of the 10th April, 1806, including invalids since the revolution, and repeated by the 4th section of the act of the 25th of April, 1808) by the judge of the district in which the invalid resides, according to the regulations prescribed by the former act, —did actually so provide the modes of approach and presentation of the claim of such invalids of the military and naval service during and since the revolution, through the the said prescribed channels, they, consequently, had no need for further concern in the matter, as their names would be placed on the pension rolls of course, at the stated rates of disability recited in said lists. But when those channels for communicating the matured claims of invalids for disability incurred during and since the revolution, passed away from, or rather were not INT-3 X~VII INTR3ODUUOTIONX, continued to be available to the invalids subsequently disabled in the campaign of thb', Wabash, and in the war of 1812, great embarrassments arose to the invalids of those conflicts, both military and naval, and have continued ever since for the want of a duly authenticated mode of preferring their claims being substituted for those which had been dropped, and virtually repealed or abolished by legislative enactments about this period.. For the act of the 10th of April, 1812, section 3, says that. "every officer, non-comrnissioned officer, and private,'of volunteers and militia, who served in: the said campaign, (of the Wabash,) and who have been disabled by known wounds received in said serb vice, shall be placed on the list of invalids of the United States, at such rate of pension as shall be directed by the President of the United States, upon satisfactory proof being' produced to the Secretary of War, agreeably to such rules as he may prescribe;" and' the acts of January 2 and 11, and of February 12, 1814, for raising " certain companies of rangers," "additional military force," and "to accept and organize certain volunteer corps," direct that " all officers, non-commissioned officers, musicians, and privates, who' shall be disabled in the line of their duty, shall be placed on the list of invalids of the United States, at such rate of pension, and under such regulations, as are or may be directed by law;" thereby dispensing with the former mode of presenting and maturing military invalid claims. But the establishment of the "6 navy pension fund;' consisting of moneys accruing to~ the share of the United States from the sale of prizes captured from, the enemy, placed under the direction and management of the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, by the acts of March 2, 1799, and April 23, 1800, " for the government of the navy of the United States," had produced a change, as to the navy invalids, in regard to the funds out of which they had previously been paid, though without disturbing the facilities they enjoyed in presenting and maturing their claims before the State authorities. The annual reports of those commissioners which have been accessible to us, afford no evidence of any change in the mode by which navy invalids who were thereafter to be paid out of this fund, were required to present their claims for adjudication, nor had they any authority as yet to make any. And as the duties of this board were of a purely fiscal character, chiefly confined to the receipt and management of the United States' share of prize money, the purchase and management of stoclt, and the payment of dues accruing thereon, including navy invalid pensions theretofore paid at the treasury, it is evident they had no concern with the manner in which these pension claims were adjudicated, but probably recognized the adjudication of those claims as transmitted by the several State authorities, along with those of the military invalids, to the War Department; whence the lists of navy invalids were probably handed over, with a requisition on the Board of Commissioners for payment of their pensions. And when that board was relieved of the management of this fund by the act of the 26th March, 1804, directing those proceeds to be paid into the treasury, to be disbursed by the Treasurer of the United States; and, in lieu of the management of said funds, the commissioners were clothed with the authority to administer the navy pension laws, and " were authorized and directed to make such regulations as might to them appear expedient, for the admission of persons on the roll of navy pensioners, and for the payment of their pensions "-this modification, or abridgement of their duties in one sense, and enlargement of them in another, should have resulted in the adoption of regulations thus called for in the premises,. to carry out the execution of those enlarged duties. But, whatever may have been done in this regard, has left no traces in the Department by which to refer to and ascertain the particulars, as guides thereafter. This, however, shall be a subject of further inquiry eINTRODUCTIOIN. XIX and research. But if the Secretary of the Navy, tacitly relying on the course that had been pursued by the Board of Commissioners, or upon the reports and requisitions from,the Secretary of War made on the authority of ce'rticates of disability by the naval surgeon, and the discharge from service made by the commanding officer on the facts:stated by the surgeon's certificate, then, all the embarrassing circumstances of this important chasm in the forms and regiu.lations necessary for initiating those claims before the avz;y De partnzent for adjudication, were still continued, to the great inconvenience of the claimants and those ministerial officers in the Department charged with this duty under the direction of the Secretary. Nor was there ever a Jorm of a declaration or *other regulations prescribed for the admission of privateer invalids on the pension roll by the Secretary of the Navy, although they never had the benefit of the State authorities to prepare and report their matured claims to the Secretary of Congress, the Board of War, or to the Secretary of War, with other revolutionary invalids; or, if they ever enjoyed that benefit, it was under the general class of " invalids of the navy," which is not at all feasible, as there was no legal provision for including them under that class, and the acts of 1812C and 1813, above cited, bear all the internal evidence of original acts on the subject. * This act concerning letters-of-marque, prizes, and prize goods, is here inserted entire, for the purpose of giving a more perfect conception of the uses, purposes, and regulations of private armed ships, as an auxiliary to the naval armament of the United States, so essential to supply the deficiencies of the navy upon emergencies, whilst it also serves the better to elucidate that branch of the pension system necessarily growing out of its operations, and paid by deducting TWO PER CENTUM as a privateer pension fuand out of the navy pension fund accruing from the sale of prizes, &c. The act, in addition thereto, of the 27th January, 1813, is omitted, but may be referred to in the Statutes at Large. With the same views as here expressed, the act " for the protection of the commerce of the United States against the Algerine cruizers" is also subjoined in fullbeing virtually a supplement to the system qf privateering, which is so essential, on emergencies, as an auxiliary to our naval establishment. CHAP. 430. An act concerning letters-of-marque, prizes, and prize goods. APPROVED, JUNE 26, 1812. SEC. 1. Be it enacted by the Senate and House of Representatives of the United Rtates of America in Congress assembled, That the President of the United States shall be, and he is hereby, authorized and empowered to revoke and annul, at pleasure, all letters-of-marque and reprisal which he shall or may at any time grant, pursuant to an act entitled " An act declaring war between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America and their territories. SEc. 2. And be it further enacted, That all persons applying for letters-of-marque and reprisal, pursuant to the act aforesaid, shall state in writing the name, and a suitable description of the tonnage and force of the vessel, and the name and place of residence of each owner concerned therein, and the intended number of the crew; which statemnent shall be signed by the person or persons making such application, and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State. SEc. 3. And be it further enacted, That before any commission of letters-of-marque and reprisal shall be issued as aforesaid, the owner or owners of the ship or vessel for which the same shall be requested, and the commander thereof, for the time being, shall give bond to the United States, with at least two responsible sureties, not interested in such vessel, in the penal sum of five thousand dollars; or if such vessel be provided with more than one hundred and fifty men, then in the penal sum of ten thousand dollars; with condition that the owners, officers, and crew, who shall be employed on board such commissioned vessel, shall and will observe the treaties and laws of the United States, and the instructions which shall be given them according to law for the regulation of :XX: INTROD UCTION. Again: when, upon the laxpse of one year after these duties were transferred from the Navy Department to the War Department, by the 2d and 4th sections of the act of the 4th March, 1840, but to be executed under the joint direction of the Secretary of War and the Secretary of the Navy, it seems to have occurred, for the first time, to the their Commissioner of Pensions, to consult the Secretary of the Navy (alone), in a communication of the 19th April, 1841, on the subject of the administration of the navy pension laws, in relation to a specific case of a claim for pension by a person who had been employed in the naval service, rated as a 1" boy;" and also in another communication of the their conduct; and will satify, all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel, during her commission, and to deliver up the same when revoked by the President tif the United States. Src. 4. ALAd he it furtheer enacted, That all captures and prizes of vessels and property shall be forfeited, and shall accrue to the owners, officers, and crews of the vessels by whom such captures and prizes shall be made; and, on due condemnation had, shall be distributed according to tiny written agreement which shall be made between them and if there be no such agreement, then one moiety to the owners, and the other moiety to the officers and crew, to be distributed between the officers and crew as nearly as may be, according the rule. prescribed for the distribution of prize money by the act. entitled " An act for the better government of the navy of the United States," passed the twenty-third day of April, one thousand eight hundred. SEC. 5. And be it further enacted, That all vessels, goods, and effects, the property of any citizen of the United States, or of persons resident within or under the protection of the United States, or of?ersons permanently resident within and under the protection of any foreign prince, government, or State in amity with the United States, which shall have been captured by the enemy, and which shall be recaptured by vessels commissioned as aforesaid, shall be restored to the lawful owners, upon payment by them, respectively, of a just and reasonable salvage, to be determined by the mutual agreement of the parties concerned, or by the decree of any court having competent jurisdiction, according to the nature of eachi case, agreeably to the provisons established by law. And such salvage shall be distributed among the owners, officers, and crews of the vessels commissioned as aforesaid, and making such recaptures, according to any written agreement which shall be between them; and in case of no such agreement, then in the same manner, and upon the same principles, heretofore provided in case of capture. SEC. 6. And be itfurther enzacted, That, before breaking bulk of any vessel which shall be captured as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such captured vessel, goods, or effects shall be brought into some port of the United States, or into some port of a nation in amity with the United States, and shall be proceeded against, before a competent tribunal, and, after condemnation and forfeiture thereof, shall belong to the owners and captors thereof,to be distributed as aforesaid. And it the case of all captured vessels, goods, and effects, which shall be brought within the jurisdiction of the United States, the district courts of the United States shall have exclusive original cognizance thereof, as in civil causes of admiralty and maritime jurisdiction; and the said courts, or the courts, being courts of the United States, into which such cases shall be removed, and in which they shall be finally decided, shall and may decree restitution, in whole or in part, when the capture shall have beeni made without just cause. And if mnade without probable cause, or otherwise unreasonably, may order and decree damages and costs to the party injured, and for which the owners and commanders of the vessels making such captures, and also the vessels, shall be liable. SEC. 7. And be it further enacted, That all prisoners found on board any captured vessels, or on board any recaptured vessels, shall be reported to the collector of the port in the United States in which they shall first arrive, and shall be delivered into the custody of the mairshal of the district, or some civil or military officer of the United States, or of any State in or near such port, who shall take charge of their safekeeping and support, at the expense of the United States. SEC. 8. And be it further enacted, That the President of the United States shall be, and he is hereby, authorized to establish and order suitable instructions for the better governing and directing the conduct of the vessels so commissioned, their officers and crews, copies of which shall be delivered by the collectors of the customs to the commanders, when they shall give bond as aforesaid. INTlRODUCTION. XXI 19th August, of the same year 1841, raising the question whether an invalid of the navy may receive a pension whilst in tAe service, it manifestly had not occurred to him, in either case, that any official form of declaration was necessary in order to bring the claim of an invalid before the office for adjudication. Nor yet did it occur to him on another occasion, more than twelve months thereafter, when, on the 22d November, 1842, he presented to the Secretary of the Navy two forms for his approval, one, for " a surgeon's certificate in an invalid case," and the other, for " a certificate of a commanding officer in an invalid case." Now it happens that these very forms, or their equivalents, SEC 9. Arid be it further enacted, That a bounty shall be paid by the United States of twenty dollars for each person on board any armed ship or vessel belonging to the enemy, at the commencement of the engagement, which shall be burnt, sunk, or destroyed by any vessel commissioned as aforesaid, which shall be of equal or inferior force, the same to be divided as in other cases of prize money. SEc. 10. And be it further enacted, That the commanding officer of every vessel having a commission, or letters-of-marque and reprisal, during the present hostilities between the United States and Great Britain, shall keep a regular journal, containing a true and exact account of his daily transactions and proceedings with such vessel and the crew thereof; and the ports and places he shall put into or cast anchor in, the time of his stay there, and the cause thereof; the prizes he shall take; the nature and probable value of such prizes; the times and places when and where taken; and how and in what manner he shall dispose of the same; the ships or vessels he shall fall in with; the times and places when and where he shall meet with them, and his observations and remarks thereon; also of whatever else shall occur to him or any of hts officers or mariners, or be discovered and found out by examination or conference with any mariners or passengers of or in any other ships and vessels, or by any other ways or means whatsoever, touching or concerning the fleets, vessels, and forces of the enemy, their posts and places of station and destination, strengh, numbers, intents, and designs. And such commanding officer shall, immediately on his arrival in any port of the United. States, or the Territories thereof, from or during the continuance of any voyage or cruise, produce his commission for such vessel, and deliver up such journal so kept as aforesaid, signed with his proper name and handwriting, to the collector or other chief officer of the customs, at or nearest to such port; the truth of which journal shall be verified by the oath of the commanding officers for the time being; and such collector, or other chief officer of the customs, shall, immediately on the arrival of such vessel, order the proper officer of the customs to go on board and take an account of the officers and men, the number and nature of the guns, and whatever else shall occur to him, on examination, material to be known; and no such vessel shall be permitted to sail out of port again, after such arrival, until such journal shall have been delivered up, and a certificate obtained, under the hand of such collector or other chief officer of the customs, that she is manned and armed according to her commission; and upon delivery of such certificate, any former certificate of a like nature, which shall have been obtained by the commander of such vessel, shall be delivered up. SEc. 11. And be it further enacted, That captains and commanders of vessels having letters-of-marque, in case of falling in with any of the vessels of war or revenue of the United States, shall produce to the commanding officers of such vessels their journals, commissions, and certificates as aforesaid; and the coinmanding officers of such ships of war or revenue shall make, respectively, a memorandum ill such journal of the day on which it was so produced to him, and shall subscribe his name to it; and in case such vessel, having letters-of-marque as aforesaid, shall put into any foreign port where there is an American consul, or other public agent of the United States, the commander shall produce his journal, commission, and certificate aforesaid, to such consul or-agent, who may go on board and number the officers and crew, and examine the guns, and if the same shall not correspond with the commission and certificate, respectively, such consul or agent shall forthwith communicate the same to the Secretary of Navy. SEC. 12. And be itfurther enacted, That the commanders of vessels having lettersof-marque and reprisal as aforesaid, neglecting to keep a journal as aforesaid, or wilfully making firaudulent entries therein, or obliterating any material transactions therein, where the interest of the United States is in any manner concerned, or refusing to produce such journal, commission, or certificate, pursuant to the preceding section of this act, then, and in such cases, the commissions or letters-of-marque and reprisal of such vessels shall be XXII INThEODIUCTION. had always constituted the requisite basis for a declaration on whichinvalid claims should be founded. But whether the facts those certificates represent were brought before the State authorities by a regular "declaraticn" of the invalid, or not, whilst they were authorized and required to prepare these claims, the lists of them having been made up and transmitted to the federal government by legal authority, obviated the necessity of going behind them to ascertain the forms upon which they were adjudicated. But, from the time that these channels of presenting these claims to the Department and to Congress fully made up, had actually ceased, with all the forms of their original presentation and liable to be revoked; and such commanders, respectively, shall forfeit, for every such offence, the sum of one thousand dollars; one moiety thereof to the use of the United sitates, and the other to the informer. SEC. 13. And be it further enacted, That the owners or commanders of vessels having letters-of-marque and reprisal as aforesaid, who shall violate any of the acts of Congress.for the collection of the revenue of the United States and for the prevention of smuggling, shall forfeit the commission, or letters-of-marque and reprisal, and they, and the vessels owned or commanded by thern, shall be liable to all the penalties and forfeitures attaching to merchant vessels in like cases. SEC. 14. And be it farther enacted, That so much of any act or acts as prohibits the importation of goods, wares, and merchandize, of the growth, produce, and manufacture, of the dominions, colonies, and dependencies, of the United Kingdom of Great Britain and Ireland, or of goods, wares, and merchandize, imported from the dominions, colonies, and dependencies, of the United Kingdom of Great Britain and Ireland, be, and the same is hereby, repealed, so far as the same may prohibit the importation or introduction into the United States, and their territories, of such goods, wares, and merchandize, as may be captured from the enemy and made good and lawful prize of war, either by vessels having letters-of marqne and reprisal, or by the vessels of war and revenue of the United States. And all such goods, wares, and merchandize, when imported or brought into the United States, or their territories, shall pay the same duties, to be secured and collected in the samre manner, and under the same regulations, as the like goods, wares, and merchandize, if imported in vessels of the United States from any foreign port or place, in the ordinary course of trade, are now, or may at the time be, liable to pay. SEC. 15. And be it further enacted, That all offences committed by any otticer or seaman on board any such vessel having letters-of-marque and reprisal, during the present hostilities against Great Britain, shall be tried and punished in such manner as the like offences are or may be tried and punished when committed by any person belonging to the public ships of war of the United States: Provided, always, That all offenders who shall be accused of such crimes as are cognizable by a court martial, shall be confined on board the vessel in which such offence is alleged to have been committed, until her arrival at some port in the United States, or their territories; or until she shall me t with one or more of the public armed vessels of the United States abroad, the officers whereof shall be sufficient to make a court martial for the trial of the accused; and upon application made, by the commander of such vessel, on board of which the offence is alleged to have been committed, to the Secretary of the Navy, or to the commander or senior officer of the ship or ships of war of the United States abroad as aforesaid, the Secretary of the iNavy, or such commander or officer, is hereby authorized to order a court martial of the officers of the navy of the United States, for the trial of the accused, who shall be tried by the said court. SEC. 1 6. And be it further enacted, That an act, entitled " An act laying an embargo on all the ships and vessels in the ports and harbors of the United States, for a limited time," passed the fourth day of April, one thousand eight hundred and twelve; and an act, entitled " An act to prohibit the exportation of specie, goods, wares, and merchandize, for a limited time," passed April fourteenth, one thousand eight hundred and twelve, so far as they relate to ships and vessels having commissions or letters-of-marque and reprisals, or sailing under the same, be, and they hereby are, respectively, repealed. SEC. 17. And be it further enacted, That two per centum on the nett amount (after deducting all charges and expenditures) of the prize money arising from captured vessels and cargoes, and on the nett amount of the salvage of vessels, and cargoes recaptured by the private armed vessels of the United States, shall be secured and paid over to the collector, or other chief officer of the customs, at the port or place in the United States at which such captured or recaptured vessels may arrive; or to the consul, or other public ]31NTRODUCTIOVN. XXIt adjudication by those authorities, thereby devolving those original duties on the Departs ments at Washington, it became necessary to prescribe those forms and regulationwhich, in all analagous cases, are deemed indispensable to introduce and sustain their pretensions to adjudication. To fill up these chasms, so far as they relate to the declarations for military, naval, and privateer invalids, the proper forms will be found in the SUPPLEMENT at the end of this volume, for the convenience of the parties concerned. It should not be hastily judged that these strictures are hypercritical; for there has been abundant experience, in the Pension Office, of the embarrassments that are entailed agent of the United States, residing at the port or place, not within the United States, at which such captured or recaptured vessels may arrive. And the moneys arising there-. from shall be held, and hereby is pledged by the government of the United States, as a fund for the support and maintenance of the widows and orphans of such persons as may be slain, and for the support and maintenance of such persons as may be wounded and disabled, on board of the private armed vessels of the United States, in any engagement with the enemy, to be assigned and distributed in such manner as shall hereafter by law be provided. CHAP. 771. An act for the protection of the commerce of the United States against the Algerine cruizers. APPROVED, MARCH 3, 1815. Whereas the Dey of Algiers, on the coast of Barbary, has commenced a predatory warfare against the United StatesSEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be lawful fully to equip, officer, man, and employ, such of the armed vessels of the United States as may be judged requisite by the President of the United States for protecting effectually the commerce and seamen thereof on the Atlantic ocean, the Mediterranean, and adjoining seas. SEC. 2. And be it further enacted, That it shall be lawful for the President of the United States to instruct the commanders of the respective public vessels aforesaid, to subdue, seize, and make prize of, all vessels, goods, and effects, of or belonging to the Dey of Algiers, or to his subjects, and to bring or send the same into port, to be proceeded against and distributed according to law; and, also, to cause to be done all such other acts of precaution or hostility, as the state of war will justify, and may, in his opinion, require. SEC. 3. And be it further enacted, That, on the application of the owners of private armed vessels of the United States, the President of the United States may grant them special commissions, in the form which he shall direct, under the seal of the United States; and such private armed vessels, when so commissioned, shall have the like authority for subduing, seizing, taking, and bringing into port, any Algerine vessel, goods, or effects, as the beforementioned public armed vessels may by law have; and shall therein be subject to the instructions which may be given by the President of the United States for the regulation of their conduct; and their commissions shall be revocable at his pleasure: Provided, That before any commission shall be granted as aforesaid, the owner or owners of the vessels for which the same may be requested, and the commander thereof for the time being, shall give bond to the United States, with at least two responsible sureties, not interested in such vessel, in the penal sum of seven thousand dollars, or, if such vessel be provided with more than one hundred and fifty men, in the penal sum of fourteen thousand dollars, with condition for observing the treaties and laws of the United States, and the instructions which may be given as aforesaid, and also for satisfying all damages and injuries which shall be done contrary to the tenor thereof, by such commissioned vessel, and for delivering up the commission when revoked by the President of the United States. SEC. 4. And be it farther enacted, That any Algerine vessel, goods, or effects, which may be so captured and brought into port, by any private armed vessel of the United States, duly commissioned as aforesaid, may be adjudged good prize, and thereupon shall accrue to the owners, and officers, and men, of the capturing vessel, and shall be distributed according to the agreement which shall have been made between them, or, in failure of such agreement, according to the discretion of the court having cognizance of the capture. XXIV INTRODI)UOTION. upon all parties, for want of these guides, and the more particularly so since the frequency of changes of the ministerial officers or clerks engaged in the discharge of those duties has left the new incumbents greatly at a loss for the first steps to be taken with the applications, (frequently by personal presentation and verbal statements, without certificate or other document of any sort,) by invalids, military, naval, marine, and privateer. Moreover, it would appear to us a work but half done, when the laws have authorized claims upon the government, if those who are charged with the administration of those laws omit to inform those so entitled, and promulgate the proper forms and regulations for realizing those claims. This neglect, heretofore so prevalent in the Pension Office, is the chief cause that has given rise to the hundreds, nay thousands of agents, otherwise unnecessary, to prosecute these claims, whereby the rightful claimants, on an average, sacrifice from twenty-five to fifty per cent of their just dues, to fill the pockets of those who might be better employed in adding to the common stock of national prosperity, in stead of consuming that which is already in store, because we do not make the equitable disposition of it without their superfluous offices.-(See the instructions and regulations of Secretaries Cass, Poinsett, Ewing, and Stuart, appendix, pp. 631-32.) SECOND.-OF GRATUITOUS PENSIONS. Although land bounties were, in fact, a conception of our military policy of nearly two years prior date to that of gratuitous pensions, it would be doing great violence to the rules of analogy to take up the review of our bounty land system on that account, before making a survey of gratuitous pensions, properly so called. Truly, they are both gratuitous, in contradistinction to the positive claims of invalids to an equitable remuneration or equivalent for the disabilities they incur in the public service-disqualifying them in different degrees for a livelihood thereafter. But gratuitous pensions (to widows and orphans at least) are more closely allied to invalid pensions, as emanating from them, simply by the transfer or continuance of the same amount of pay after the death of the invalid, though nominally for a limited time, to his widow or orphan children, than are those land bounties which seemed to have been established at first as a gratuity per se, and was not for a long time regarded even as a remote branch of the pension system, as it is now considered in its enlarged sense, since the execution of the bounty land laws was transferred to, and incorporated with that of the pension laws proper, in the same office. We shall, therefore, postpone the review of these laws as part of the pension system, until we have made a brief review of those relating to gratuitous pensions. Instead of the two heads, under which it has been deemed expedient, for brevity and perspicuity, to divide invalid pensions, respective of the mere periods of time, as during the revolution and since the revolution, in which the disabilities occurred, though not entirely irrespective of the distinction between military and naval disabilities, (including those of marines and privateers, militia and volunteers, or other State corps,) it is judged to be called for by various considerations equally conducive to perspicuity and brevity, to dispose of the enormous class of gratuitous pensions under other heads, according to the distinctive characteristics which other circumstances and contingencies arising out of the policy of the government, have imposed upon them, though still not irrespective of those other distinctions above cited, in the cases to which they may apply. The heads which seem to us as promising best to serve the purpose we have in view, of elucidating the policy of our pension system, are the three following: 1st. The gratuitous pes ions granted or tendered, by general provisions of law, to officers of the army, in the first instance, and afterwards extended to the naval service, 4c. INlT I)ODUCTIOlN. XXV Q2d. The gratuitous pensions granted by special or private acts, to individuals (or;1t7eir representatives) for eminent services, not embraced in the general provisions of Jaw, as the foregoing. 3d. lThe gratuitous pensions granted to the widows and orphans of invalids, and per-sons slain in battle, or who have died of disabilities incurred in the military or naval service. Although the class of gratuitous pensioners be vastly more numerous than the class of invalid pensioners, particularly those embraced under the third division just described, we do not find the same occasion to dilate upon the contingencies connected with the administration of their claims. We shall therefore do but little more than call attention to the principal acts providing for the beneficiaries of the natiori's gratuities, and advert briefly to the -policy of the government in extending its munificence so liberally in this way. 1. Of the gratuitous pensions tendered by general provisions of law, 4-c.-Gratuitous pensions were tendered, and promised to commissioned officers only, who would enter and continue in the army of the revolution to the end of the war; being an extra allowance of half pay for seven years after the war, as an additional inducement over and above the ordinary pay and emoluments of the army, for their continuance in the service throughout the anticipated streights of the revolution, a policy which it has not been found necessary to resort to in subsequent wars: —(see resolution of the 15th SMay, 1778, [ 2], -p. 3;) the same was afterwards extended to the same officers of the army for life:-(see resolution of the 21st October, 1780, [ 7,] p. 7;) also, certain gratuitous allowances as pensions were granted, for life, to officers of the hospital department and medical staff of the revolution: -(see resolution of the 17th January, 1781, [ 8,] p. 7;) and the same, respectively, for life, under the aforesaid resolutions, were changed to five years full pay,,called " coMUvTTATION," at the option of those who thought proper to accept it.-(See the resolution of the 22d 3March, 1783.) And again, the same half pay for life, or commutation full pay for five years, at the election of the parties, were affirmed, and extended to commissioned officers retiring as supernumeraries under former resolves.(See resolution of the 8th _March, 1785, [ 14,] p. 10.) And at an interval of more than:thirty years, gratuitous pensions were granted and extended, to all commissioned officers of the army and navy, and -to non-commissioned officers, musicians, soldiers, seamen, and marines, and also to officers of the hospital department and medical staff, of the revolutionary war, who were then living and in INDIGENT ClRCUMSTANCEs, that is, at the time of the passage of the act:-(see the act of the 18th L7tiarch, 1818, [ 65,] p. 119;) which said act was afterwards amended by the acts of the 1st May, 1820, and 1st March,1823, and subsequently modified by other acts and parts of acts providing for the same -class of indigent survivors of the revolution standing in need of the bounty of their country. And finally, all surviving officers of the army and navy, of the revolution, with the non-commissioned officers, musicians, soldiers, seamen, and marines, were granted full pay for life, by the act of the 7th June, 1832, [ 129,] p. 161; which act has been variously modified, and extended to widows, by subsequent acts, as will be presently noticed, with others, under the appropriate head of" gratuitous pensions to widows," &c. 2. Of gratuitous pensions granted by special acts to individuals for eminent services, Jc. —I is well known that it constituted a conspicuous part of the policy of the United States to bestow gratuitous pensions on eminent worthies of the revolution, foreigners and others, not actually forming part, in all instances, of the military or naval service proper; and yet, many of those who were in either service, or their heirs, received honorary pensions by private acts, independent of the general provisions of law applicaINT-4 XX'VI. INTIRODUCTIOlN. ble to those embraced under the foregoing division, but which did not extend beyond revolutionary services. Sorle special provisions, however, of this kind of gratuity, have been made in remuneration of distinguished exploits since the revolution. The illustrations of this part of the policy of our pension system, consisting chiefly of private acts, did not receive so much attention in the body of this compilation, as should have been bestowed on them.* *To supply the deficiency above alluded to, in some degree, and to aid the attempt at such general illustration here proposed, we subjoin the acts in behalf of Frederick William de Steuben; the sons of Warren and Mercer; (see [ 24,] p. 40, for that in behalf of the heirs of De Neuf-ille;) the daughters of Count De Grasse; and Milly, an Indian woman of the Creek nation, truly the second Pocahontas. The inquirer can pursue the illustrations of this policy in other instances, which are very rare, in the reward of modern prowess and patriotism. CHAP. 43. An act for finally adjusting and satisfying the claims of Frederick William de Steuben. APPROVED JUNE 4, 1790. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Conrress assembled, That in order to make full and adequate compensation to Frederick William de Steuben, for the sacrifices and eminent services made and rendered to the United States, during the late war, there be paid to the said Frederick William de Steuben, an annuity of two thousand five hundred dollars, during life, to commence ona the first day of January last; to be paid in quarterly payments, at the treasury of the United States; which said annuity shall be considered in full discharge of all claims and demands whatever of the said Fredericlt William de Steuben against the United States. CHAP. 173. An act providing an annual allowance for the education of Hugh Mercer. PrrRovED, tARCH 2, 1793. SEc, 1.. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the annual allowance to be made for the education of Hugh Mercer, son of the late General Mercer, pursuant to the resolution of the former congress, of the date of the eighth of April, one thousand seven hundred and' seventy-seven,5 shall be four hundred dollars, from the time for which he has been last paid, until his education shall be finished, or he shall arrive at the age of twenty-one years. And that the comptroller of the treasury be authorized to revise and settle the account of the said Hugh Mercer, for his pension to the present time; the balance of which, as also the annual allowances aforesaid, as they shall become due, shall be paid to his guardian, at the treasury. CHAP. 20. An act authorizing the payment of certain sums of money to the daughters of the late Count de Grasse. APPROVED, JANUARY 15, 1798. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in consideration of the important services rendered to the United States by the late Count de Grasse, there be paid, annually in quarter payments, during five years from the time of passing this act, out of any moneys in the treasury not otherwise appropriated, the sum of four hundred dollars to each of the four daughters of the said Count de Grasse, namely, Amelia de Grasse, Adelaide de Grasse, Melanie de Grasse, and Silvie de Grasse, if they shall, respectively, so long live. CHAP. 154. An act granting a pension to " Milly," an Indian woman of the Creek nation. APPROVED, JUNE 17, 1844. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Co.:gress assembled, That the Secretary of War be, and he is *In Congress, April 8, 1777: i2esolved, That the eldest son of General Warren, and the youngest son of General Mercer, be educated, from this time, at the expense of the United States. INTRODUCTION XXVIl 3. Of gratuitoLs pensions to widows and orphans of invalids, -c.-As we have just said in our first remarks under this article on gratuitous pensions, those that are granted to widows and orphans of persons slain in battle, or of invalids who have died of disability incurred in the line of duty, are most nearly allied to invalid pensions, as emanating from them, though not identical with them; and this remark applies with equal justice to the pensions of widows and orphans of officers of either the military or the naval service, although not so early extended to the latter as the former. Indeed, widows and orphans, being the natural and civil dependents of their husbands and fathers whilst living, might therefore be considered as justly entitled to the continuance, nay the inheritance, of the right, as a vested right, of pension, at the death of their said natural and civil protectors. But, inasmuch as they were not identical with the parties disabled, nor considered as the heirs or inheritors of the vested right of pension, and as it was deemed to require the action of Congress to recognize their right, and to prescribe at their option the amount of pension they might award them, such pensions could not be regarded in any other light than gratuities, as we have styled those of the other two foregoing divisions, which, although gratuitous, were based on equally equitable grounds. Accordingly, at a somewhat advanced period of the revolution, the same amount of half pay that had been promised but two years before, to commissioned officers who should continue in the army to the end of the war, was, for the like term of seven years, granted to the widows and orphans of those officers who had died, or might die, of wounds received in the service.-(See the resolution of August 24th, 1780, p. 6.) And to obviate all difficulty in securing the payment of said pensions to certain widows, the 1st section of the act of the 27th March, 1792, p. 24, made ample provision to insure its being done. The like provision of five years half pay was promised two years thereafter, to the widows and children of commissioned officers of the army who might die of wounds they might receive in the service that might ensue under the provisions of the act of the 5th March, 1792, (p. 22,) making more effectual provision for the protection of the frontier of the United States.-(See the act of the 7th June, 1794, p. 29.) And after this period the like half pay was, from time to time, gradually extended, for five years, to the widows and children of' miitia officers, (see act of 14th Mliarch, 1'798, p. 43;) and then to the widows and children of officers and soldiers of volue feers and militia, who died of wounds received in the campaign of the Wabash, (see act of 10th April, 1812, p. 83:) until at length the principle of equal right embraced the widows and orphans of officers and soldiers of the militia, rangers, seafensibles, and volunteers, as also the widows and orphans of non-commissioned officers, musicians, and privates of the regular army, who died or were killed in the late war of 1812.-(See the acts of the 2d August, 1813, p. 96; the 16th April, 1816, p. 103; and the 4th July, 1836, p. 319.) The particulars above alluded to, in all respects, and in regard to the widows and orphans of those who incurred like disability in the naval, marine, and privateer service of the Unihereby authorized and directed to pay to Milly, an Indian -7oman of the Creek nation, and a daughter of the prophet Francis, a pension at the rate of ninety-six dollars per annum, payable semi-annually during her natural life, as a:estimonial of the gratitude and bounty' of the United States for the humanity displayed by her in the war of one thousand eight hundred and seventeen, and one thousand eight hundred and eighteen, in saving the life of an American citizen, who was a prisoner in the hands of her people and about to be put to death by them; the said pension to commence and take effect from the fourth day of September, one thousand eight hundred and forty-three. SEC. 2. And be it further enacted, That the Secretary of War be, and he is hereby authorized and directed to procure, and transmit to the said Milly, a medal with appropriate devices impressed thereon, of the value of not exceeding twenty dollars, as an ado ditional testimonial of the gratitude of the United States; XXVIII INTRODYUCTIOiON ted States, may be more minutely referred to, by aid of the analytical tables appended to. this introduction, and the Alphabetical Index at the end of the volume. More need not be said here in relation to the subject of gratuitous pensions, except a passing remark contrasting the whole policy and equity of gratuitous pensions with that of invalid pensions,. which cannot fail to strike the attention of all reflecting minds, viz: that, whilst justice to those who have been disabled in the service of their country, so as to impair their capacity to provide for their support, only entitled them to be pensioned in proportion to their disability, from as low as one-eighth part of their half pay, and proportionably more, through every gradation of increase to seven-eighths of their half pay, even for complete disability, the gratuitous pensions allowed to those who have not incurred any disabity, is never less thean half-pay, but very often is full pay for alr ordinary life time, or a large sum in the lump. Lists of army and navy pay, which govern the rates of invalid pensions in the respective branches of the service, and the pensions of widows and orphans based upon them,. will be found inserted in the supplement, for the information of claimants. Gratuitous pensions, other than widows and orphanls', are governed by the sense of justice in enacting specific laws for the benefit and relief of the claimants. THIRD —O BOUNTY LANDS. Our bounty land system has been very irregular and immethodical in its provisions, and no less so in its administration. Whether we regard the variety of objects in view,. the different departments and offices in which its details have been administered, or the diversity of its legal provisions, and the unavoidable contrariety of executive regulations in carrying the same into execution, we cannot but admire the success with which its great purposes are accomplished, notwithstanding; and that, too, without interference with the "( donations" and "' reservations/' the " pre-emption rights" and the " public and private land sales" of our general land system at large. We cannot be expected togo into a survey of all these complications here, as it would involve a general survey of the whole land system of the United States, which has already been given in the work of the senior editor on the Treasury Department, (vol. 2, chap. 11, p. 192,) to which we must refer, and particularly to the matters embraced at pp. 195, 217, and 233, to the end. But to pass the subject over without some generalities approaching an imperfect outline, would hardly be excusable or consistent with the outline we have just been endeavoring to give of the pension systemt proper, to be more fully illustrated in the sequel of this introduction. As a matter of mere policy, the master stroke of our wise and patriotic fathers of the revolution, was the "land bounty:" and the entire foundation of it, in its commencement, seems to have been a purely political policy. We allude to the policy of holding out the reward of land bounties to the foreigners and disaffected in the ranks of the enemy in our revolutionary struggle to make joint cause with us;* though, through the *To illustrate the policy above adverted to, we subjoin the two leading measures of Congress awarding land bounties to foreigners, and Canadian refugees, though the whole subject was disposed of in the Department of State, before the General Land Office was established in the Treasury, in 1812, and, of course, before a bounty land bureau was established in the War Department in 1813, afterwards transferred to the Pension office, and, consequently, never reached this office in any form. Bounties to foreign deserters. IN CONGRESS-AUGUST 14, 1776. The committee appointed to devise a plan for encouraging the Hessians, and other foreigners, to quit the British service, brought in a report, which was taken into consideration; whereupon Congress came to the following resolution: INTRODUCTION. XXIX lapse of time, this policy seems rather to have been inclined to take on the livery of party emulation-which shall excel the other in doing most to distribute the public lands among its political friends, many of whom had been in no engagement in the interminable Indian outbreaks and petty disturbances, called wars, from the times of which the memory and the record evidence reacheth not to the contrary. Grant that this is all right and proper in itself, particularly as it will make all wars popular hereafter; yet it is difficult to agree that it was judicious to drop the policy with which we set out, as it may be at least plausibly surmised, that if it had been continued in waging our second war with England, and the recent war with Mexico, we should have greatly abridged the periods of those wars, and have incurred less bloodshed and expenditure in every particular, not to Whereas it has been the wise policy of these States to extend the protection of their laws to all those who should settle among them, of whatever nation or religion they might be, and to admit them to a participation of the benefits of civil and religious freedom, and the benevolence of this practice, as well as its salutary effects, have rendered it worthy of being continued in future times: And whereas his Britannic majesty, in order to destroy ourfireedom and happiness, has commenced against us a cruel and unprovoked war; and unable to engage Britons sufficient to execute his sanguinary measures, has applied for aid to foreign princes, who are in the habit of selling the blood of their people for money, and from them has procured and transported hither considerable numbers of foreigners. And it is conceived that such foreigners, if apprized of the practice of these States, would choose to accept of lands, liberty, safety, and a communion of good laws and mild government, in a country where many of their friends and relations are already happily settled, rather than continue exposed to the toils and dangers of a long and bloody war; waged against a people guilty of no other crime than that of refusing to exchange freedom for slavery; and that they will do this the more especially, when they reflect that after they have violated every christian and moral precept, by invading and attempting to destroy those who have never injured them or their country, their only reward, if they escape death and captivity, will be a return to the despotism of their prince, to be by him again sold to do the drudgery of some other enemy to the rights of mankind. And whereas the parliament of Great Britain have thought fit, by a late act, not only to invite our troops to desert our service, but to direct a compulsion of our people, taken at sea, to serve against their country: Resolved, therefore, That these States will receive all such foreigners who shall leave the armies of his Britannic majesty in America, and shall choose to become members of any of these States; and they shall be protected in the fiee exercise of their respective religions, and be invested with the rights, privileges, and immunities of natives, as established by the laws of these States; and moreover, that this Congress will provide for every such person, fifty acres of unappropriated lands, in some of these States, to be held by him and his heirs in absolute property. Resolved, That the foregoing resolution be committed to the committee who brought in the report, and that they be directed to have it translated into German, and to take proper measures to have it communicated to the foreign troops. The committee to whom the letter from Colonel Wilson was referred, brought in a report, which was taken into consideration; whereupon Congress came to the following resolutions: Congress proceeding to take into further conlsideration the expediency of inviting, from the service of his Britannic majesty, such foreigners as are engaged therein, and expecting that among the officers having command in the said foreign corps there may be many of of liberal minds, possessing just sentiments of the rights of human nature, and of the inestimable value of freedom, who may be prompted to renounce so dishonorable a service by the feelings of humanity, and a just indignation at the office to which they are devoted by an infamous contract between two arbitrary sovereigns, and at the insult offered them, by compelling them to wage war against an innocent people who never offended them, nor the nation to which they belong, but are only contending for their just rights; and willing to tender to them also, as they had before done to the soldiers of their corps, a participation of the blessings of peace, liberty, property, and mild government: Resolved, That this Congress will give to all such of the said foreign officers, as shall XXX INTRODIUCTION. say we could have bought out the Government of Mexico by distributing, prospectively, her own lands among her own oppressed and degraded soldiery. The general subject of land bounties may be sub-divided under the following heads, viz: 1. Bounty lands granted for revolutionary services, and other considerations connected with the revolutionary war. 2. Bounty lands granted to non-commissioned officers and soldiers for services in the war of 1812, in consideration of enlistments for five years, or during the war; including Canadian refugees, provided for after the war. 3. Bounty lands granted to non-commissioned officers, musicians, marines, ~c., who served in the M5rexican war. leave the armies of his Britannic majesty in America, and choose to become citizens of these States, unappropriated lands, in the following quantities and proportions, to them and their heirs in absolute dominion; to a colonel, 1,000 acres; to a lieutenant colonel, 800 acres; to a major, 600 acres; to a captain, 400 acres; to a lieutenant, 300 acres; to an ensign, 200 acres; to every non-commissioned, 100 acres; and to every other officer or person employed in the said foreign corps, and whose office or employment is not here specially named, in the like proportion to their rank or pay in the said corps; and moreover, that where any officers shall bring with them a number of the said foreign soldiers, this Congress, besides the lands before promised to the said officers and soldiers will give to such officers further rewards, proportioned to the numbers they shall bring over, and suited to the nature of their wants: provided, that such foreign officers or soldiers shall come over from the armies of his Britannic majesty, before these offers shall be recalled. Provision for refugees from Canada and Nova Scotia. IN CONGRESS-APRIL 23, 1783. On the report of a committee, consisting of Mr. Osgood, Mr. Wilson, Mr. Madison, Mr. Carroll, and Mr. Williamson, to whom was referred a memorial of Brigadier General Hazen, in behalf of himself, officers, and others, Canadian refugees: Resolved, That the memorialist be informed, that Congress retains a lively sense of the services the Canadian officers and men have rendered the United States, and that they are seriously disposed to reward them for their virtuous sufferings in the cause of liberty. That they be further informed, that whenever Congress can consistently make grants of land, they will reward, in this way, as far as may be consistent, the officers, men, and others, refugees from Canada. On the report of a committee, consisting of Mr. Ellery, Mr. Monroe, Mr. Read. Mr. Williamson, and Mr. Spaight, to whom was referred a petition of Jonathan Eddy, and other refugees of Nova Scotia. -Resolved, That Jonathan Eddy, and other refugees from Nova Scotia, on account of their attachment to the interest of the United States, be recommended to the humanity and particular attention of the several States in which they respectively reside; and that they be informed, that whenever Congress can consistently make grants of land, they will reward, in this way, as far as may be consistent, such refugees from Nova Scotia as may be disposed to live in the western country. CHAP. 43. An act for the relief of the refugees from the British provinces of Canada and Nova Scotia. APPROVED, APRIL 7, 1798. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, to satisfy the claims of certain persons claiming lands under the resolutions of Congress, of the twenty-third of April, one thousand seven hundred and eighty-three, and the thirteenth of April, one thousand seven hundred and eighty-five, as refugees from the British provinces of Canada and Nova Scotia, the Secretary of the Department of War be, and is hereby, authorized and directed, to give notice, in one or more of the public papers of each of the States of Vermont, Massachusetts, New York, New Hampshire, and Pennsylvania, to all persons hav INTRODUICTION, XXXI 4. Bounty lands granted for services in various Indian wars, from the year 1790, and for services in the war of 1812, and the war with lliexico, not provided for under the second and third foregoing heads. We shall be as brief as practicable, consistently with perspicuity and method, in giving a mere synoptical reference to the different acts, and the rate of bounties they grant to the different grades, and durations of service, under these several heads. 1. For revolutionary service, 4c.-By the resolution of 14th August, 1776, in retaliation of the invitation and compulsory measures of the British Government to induce our troops to desert our service, it was promised and promulgated, " that all foreigners who shall leave the service of his Britannic Majesty in America, and become members of any of these States, shall be protected in the free exercise of the rights, privileges, and immunities of the native citizens thereof; and "that this Congress will give to all ing claims under the said resolutions, to transmit to the War office, within two years after the passing of this act, a just and true account of their claims to the bounty of Congress. SEC. 2. And be it further enacted, That no other persons shall be entitled to the benefit of the provisions of the act than those of the following descriptions, or their widows and heirs, viz: first, those heads of families, and single persons, not members of any such families, who were residents in one of the provinces aforesaid, prior to the fourth day of July, one thousand seven hundred and seventy-six, and who abandoned their settlements, in consequence of having given aid to the united colonies or States, in the revolutionary war against Great Britain, or with intention to give such aid, and continued in the United States, or in their service, during the said war, and did not return to reside in the dominions of the king of Great Britain, prior to the twenty-fifth of November, one thousand seven hundred and eighty-thlree. Secondly, the widows and heirs of all such persons as were actually residents, as aforesaid, and died within the United States, or in their service, during the said war; -and, thirdly, all persons who were members of families at the time of their coming into the United States, and who, during the war, entered into their service. SEC. 3. And be it further enacted, That the proof of the several circumstances necessary to entitle the applicants to the benefits of this act, may be taken before a judge of the supreme, or district, court of the United States, or a judge of the supreme or superior court, or the first justice or first judge of the court of common pleas, or county court of any State. SEC. 4. And be it fur-ther enacted, That, at the expiration of fifteen months, 1from and after the passage of this act, and from time to time thereafter, it shall be the duty of the Secretary for the Department of War to lay such evidence of claims, as he may have received, before the Secretary and"Comptroller of the Treasury; and, with them, proeeed to examice the testimony, and give their judgment, what quantity of land ought to be allowed to the individual claimants, in proportion to the degree of their respective services, sacrifices, and sufferings, in consequence of their attachment to the cause of the United States; allowing, to those of the first class, a quantity not exceeding one thousand acres; and to the last class, a quantity not exceeding one hundred; making such intermediate classes as the resolutions aforesaid, and distributive justice, may, in their judgment, require; and make report thereof to Congress. And in case any such claimant shall have sustained such losses and sufferings, or performed such services for the United States, that he cannot justly be classed in any one general class, a separate report shall be made of his circumstances, together with the quantity of land that ought to be allowed him, having reference to the foregoing ratio: Provided, That in considering what compensation ought to be made by virtue of this act, all grants, except military grants, which may have been made by the United States, or individual States, shall be considered, as the just value thereof at the time the same were made, respectively, either in whole or in part, as the case may be, a satisfaction to those who may have received the same; Provided, also, That no claim under this law shall be assignable, until after report made to Congress, as aforesaid, and until the said lands be granted to the persons entitled to the benefit of this act. SEC. 5. Be it further enacted, That all claims, in virtue of said resolutions of Congress, which shall not be exhibited as aforesaid, within the time by this act limited, shall forever thereafter be barred. XXXII INTRODUCTION. such foreign officers and soldiers, as shall leave the armies of his Britannic Majesty in America, and become citizens of these States, unappropriated lands in the following quantities and proportions, viz:-(see note, p. xxvIII.) To a Colonel..................1,000 acres. To a Lieutenant............. 300 acres. To a Lieut. Colonel......... 850 " To an Ensign................. 200 " To a Major....... 6 " To a non-commis'd officer.. 100 " To a Captain................. 400 " And to all others in proportion, &c. And in pursuance of the resolutions if the 23d April, 1783, and the 7th April, 1798> lands were granted to Canadian and Nova Scotia refugees, distinguished into three classes, in the following proportions, viz:-(see note, p. xxx.) 1. To those of the first class, not exceeding 600 acres. 92. To those of the second class, according to prescribed rule. 3. To those of the third class, not exceeding 100 acres. Under the several resolutions referred to below, officers and soldiers of the United States who served to the end of the war, were entitled to land bounty; and of those who never received the bounty during their lives, their representatives are entitled according to the subjoined rates:-(see the resolutions of Sept. 16, 1776; Sept. 18, 1776; Aug. 12,1780; Sept. 22, 1780; and Oct. 3, 1780; pp. 281-82;) and for the forms of application, &c., (see pp. 601-2-3.) To a Major General.......-..1,100 acres. To a Captain................. 300 acres. To a Brigadier General..... 850 " To a Lieutenant............. 200 To a Colonel................. 500 " To an Ensign................ 150 " To a Lieut. Colonel......... 450 " To non-commis'ed officers.. 100 " To a Major............ 400 " To asoldier................... 100 " To the Director of the Medical Department.............................. 850 acres. To the Chief Physician and Purveyor.............................. 500 To Physicians, Surgeons, and Apothecaries......................... 450 To Regimental Surgeons, and assistants to Purveyor and Apothecary 400 To Hospital and Regimental Surgeons' mates......................... 300' 2. Far the war of 1812, five years service, or during the war, -c.-By the act of the 24th December, 1811, "' for completing the existing military establishment," and by the act of 11th January, 1812, " to raise an additional military force, (the period of each of which acts, though commencing previously to the war, mainly transpired during the war,) also, by the act of the 20th January, 1813, " supplementary" to the act of December, aforesaid, each of the non-commissioned officers, musicians, and privates, who enlisted for "five years," or "for during the war," and were " honorably discharged," and " the heirs of those who died or were killed whilst in the service," were promised land bounty of one hundred and sixty acres. By the sixth section of the act of the 6th February, 1812, "authorizing the acceptance of certain volunteer corps for twelve months," the heirs or representatives of such of said volunteers as died or were killed whilst in the service, were promised a bounty in land of one hunclted and sixty acres. But, strange to say, the " twelve months volunteers" who served out their engagements, and were discharged, were not entitled to bounty land, under the said act of the 6th of February, 1812, authorizing their enlistment. And still stranger to say, the act of the 8th April, 1812, authorizing enlistments of men for " eighteen months," provided a bounty of sixteen dollars in money, but no bounty in land. lVor did the act of the 29th January, 1813, "authorizing an additional force of IITTRODIUCTION. XXXIII twenty regiments to be enlisted for one year," provide a bounty of either money or land for the men who enlisted for the said term. The act of the 10th December, 1814, however, "for maklcng further provision for filling the ranks of the army," promised the double bounty of 320 acres to each of the non-commissioned officers, musicians, and privates, who should enlist and serve in conformity with the provisions of said act; that is to say, who " shall have obtained from the commanding officer a certificate that he had faithfully performed his duty, &c." (For this act see the Supplement, page 642.) By the act of the 5th March, 1816; for granting bounties in land and extra pay to certain Canadian volunteers, the said volunteers were entitled to land in the following proportions respectively, viz: To each Colonel......... 960 acres. To each Subaltern Officer.... 480 acres. To each Major............ 800 " To each Non-com'd. Officer, To each Captain............... 640 " Musician, and Private...... 320' Also, to the Medical and other Staff, the like proportions, according to their rank. But by the act of 3d March, 1817, amending the said act of 5th March, 1816, the bounties in land so promised, were reduced one-half: and the said amendatory act expired by its own limitation on the 3d March, 1818, and was never after revived.-(See the Supplement, pp. 644, 645, 646, for the aforesaid acts of Mlarch 5, 1816, llIarch 3, 1817, and Miarch 27, 1818.) And, in order to make it the more manifest how the provisions of the act of the 28th September, 1850, (presently to be noticed,) retrovert upon and supply the pretermissions of the aforesaid acts providing for the service of five years or during the war of 1812, it may well be assumed that, so far as the said act of 1850 provides for the commissioned officers, &c., who served in the said war during various periods less than five years, it is supplementary to those acts. 3. For service in the war with lIZexico, 4-c.-By the 9th section of the act of the 11th February, 1847, "raising for a limited time an additional military force," 160 acres of land, or in lieu thereof scrip of $ 100, bearing interest, was promised, under certain regulations and restrictions, to non-commissioned officers, musicians, and privates, who should enlist in the regular army, or in volunteer corps, to serve in the war with Mexico. And by sundry supplementary acts those provisions were variously modified and extended, viz: by the resolution of the 24th March, 1848, the act of the 27th May, 1848, the act of the 10th July, 1848, and the act of the 10th August, 1848-for the abstracts of which the Index of those items at page 701, might be consulted with advantage. And the act of the 28th September, 1850, so far as it makes provision for commissioned officers who served in the war with Mexico, may in like manner be considered supplementary to this act of the 11th February, 1847. Also the act of the 22d March, 1852, in authorising "assignments " of ALL military bounty land warrants, and admitting the time consumed in a soldier's travel to-and-fro to be taken into the computation of his term of service, may be regarded as supplementary to all previous acts whose provisions it enlarges. 4. For services in various Indian wars, since 1790; in the war of 1812; and in the war with l1exico, 4c.-The 1st section of the act of the 28th September, 1850, provides bounty lands for the commissioned officers, &c., who served in the war of 1812, and in the war with Mexico, not provided for in the previous acts, at the rates of 160 acres, 80 acres,or 40 acres, according to their respective periods of service, from one to nine months or over, computing the time that may have been spent in captivity of the enemy, as part of their term of service. It also provides in like manner the same rates of bounty for the similar grades of the army or volunteers who served for like periods in any Indian wars, since INT-5 XXXIV INTROD UCTIONo 1790. And the act of the 22d March, 1852, in authorizing " assignments"' of bounty lanc warrants issued under this as under all other acts, and admitting the time consumed in a soldier's travel to-and.fro to be taken into the computation of his term of service, may in like manner be regarded as supplementary to this act of the 28th September, 1850. it would be presently seen, as may well be anticipated now, from the sketch just given under this head, how perfectly homogeneous to one and the same division in the Pension Office, are all the matters appertaining to military bounty lands; but that exposition is deferred for a future occasion, should it be desirable. VIRGINIA MILITARY BOUNTY LANDS. It would not be doing full and entire justice to the subject of Bounty Lands granted for military services in general, if we did not also say something of the Virginia military bounty lands, which form so conspicuous a portion of federal legis'latioz, although not constituting any part of the duties of the bounty land division of the Pension Office-those claims, arising out of the promises of Virginia to the officers, &c., of her own State line and navy of the revolutionary war, being executed partly at the land office of Virginia, at Richmond, and partly at the'Generai Land Office, at Washington, totally disconnected with the pension office proper. Hence the military bounty land warrants issued at Richmond, and assumed for location by the United States on the Virginia reservations, according to the terms of her " deed of cession," formed an entirely different class of warrants from those arising out of the claims of her revolutionary officers, &c. of the continental establishment, which, in common with those of officers, &c. of other States on the continental establishment, constituted that immense class of revolutionary bounty land claims of officers, &c. of the continental establishment, already referred to in summary under class " 1. For revolutionary se}rvices, 4-c." A glance at the particular subject of the Virginia military bounty lands'here, also strikes Ius as important on more accounts than the mere rehearsal of its origin and execution as part of the bounty land system in a general point of view. It would seem important for the suggestion it may possibly lead to, of making some provision for the like equitable claims for the revolutionary services of the troops, &c. of other States, whose legislatures had it not in their power to make such reservations in behalf of their State lines and navy, as had the far-famed mother of States, through the favor of royal munificence in her unstinted land grants firom the Atlantic to the Pacific, extending four hundred miles on either coast, according to the original crown grants. Through the means of these original grants, Virginia had it in her power to make magnificent donations of her " vacant and unappropriated Western lands," with large reservations to redeem her promises to her own corps of the revolution, though her rightful tenure wasjeoparded by the war, and was only confirmed by the joint revolutionary struggle and expenditure of blood and treasure of all the States in making final conquest of it. Why,. then, should not the revolutionary corps of other State lines and navy, now that thore ofl Virginia are nearly satisfied out of her vast reservations, receive some evidence of the nation's justice, whereunto, although no claims were actually set up by reservations out of the fruits of royal grants scantily bestowed, their claims in equity are just as substantial, and might now be very opportunely considered, when new accessions of public domain afford such ample opportunity for the General Government to do them this act of justice in making them equal therein to Virginia? The order in which the several States consummated this great national object of ceding their respective territorial possessions beyond their respective limits, and the sameness of purpose for which it was done, may be seen stated in a consecutive and brief INTRODU CTIONI XXXV manner in the second volume of the work on the Treasury, by the senior editor of this compilation, at pages 796-97, and'98. It will be perceived that New York led the way in setting this magnanimous example to her sister States, by a deed of cession of her " vacant and unappropriated lands" on the 1st March, 1781, in pursuance of the invitation of Congress addressed to all the States on the 6th September, 1780, and just three years before Virginia consummated the tender she had indeed proposed to Congress two months in'dvance of New York, but which was not then carried into effect by mutual agreement; and yet it was twenty years before that patriotic object was consumnated by all the States having royal grants in their power to contribute to the federal domain. The history of these " deeds of cession," by all the States having such lands at will, throws great light on the gradual dewelopement and concentration of the State sovereignties, of which copious extracts from the original documents themselves, dispersed on the journals of Congress, may be found embodied in the first volume of Bioren & Duane's edition of the laws of the United States, edited by JOHN B. COLVIN, Esq.* From these it would appear, that Virginia alone, in her "C deed of cession," made reservations of land by which to fulfil her promises to the officers, &c. of her own State line and navy, the execution of which, according to the terms and conditions of the cession, *The following extracts from the preliminaries to the deeds of cession by the State of New York, and the State of Virginia, will afford an interesting and instructive contrast-the one being fervid in its sentiments, and conclusive in its results, whilst the other, from the vast arnountof domain ceded, and the reservations and conditions stipulated, have involved Congress in a course of almost interminable legislation, and the executive in official forms and proceeding of great complexity to execute those laws: Cession from the State of New York. JOJRNALS OF CONGRESS, MARCH 1, 1781. In pursuance of the act of the Legislature of the State of New York, read in Congress the 7th March, 1780, entitled " An act to facilitate the completion of the articles of confederation and perpetual union among the United States of America," and which is in the words following: " Whereas nothing under Divine Providence, can more effectually contribute to the tranquillity and safety of the United States of America, than a federal alliance, on such liberal principles as will give satisfaction to its respective members; and whereas the articles of confederation and perpetual union, recommended by the honorable Congress of the United States of America, have not proved acceptable to all the States, it having been conceived that a portion of the waste and uncultivated territory, within the limits or claims of certain States ought to be appropriated as a common fund for the expenses of the war: and the people of this State of New York, being, on all occasions, disposed to manifest their regard for their sister States, and their earnest desire to promote the general interest and security; and more especially to accelerate the federal alliance, by removing, as far as it depends upon them, the before-mentioned impediment to its final accomplishment: " Be it therefore enacted by the people of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful to and for the delegates of this State, in the honorable the Congress of the United States of America, or the major part of such of them as shall be assembled in Congress; and they, the said delegates, or the major part of them, so assembled, are hereby fully authorized and empowered, for and on behalf of this State, and by proper and authentic acts or instruments, to limit and restrict the boundaries of this State in the western parts thereof, by such line or lines, and in such manner and form as they shall judge to be expedient, either with respect to the jurisdiction, as well as the right or pre-emption of soil, or reserving the jurisdiction in part, or in the whole, over the lands which may be ceded or relinquished, with respect only to the right or preemption of the soil. "And be it further enacted by the duthority aforesaid, That the territory which may be ceded or relinquished, by virtue of this act, either with respect to the jurisdic XXXVI INTROD-UCTIONl has given occasion to an amount of legislation by Congress, that, if embodied, wouid iaiy' very little short of this volume in magnitude-a course of legislation still in progress, as may be seen by the act of the 20th February, 1850, entitled "An act further to extendc the time for locating Virginia military land warrants, and returning surveys thereon to the General Land Office." With this glance at the double bounty land system, which the revolutionary corps of Virginia have enjoyed, we may leave the subject to the further contemplation of those from whom it may, perhaps, be reasonably anticipated that something of a parallel nature may yet be extended to the survivors and legal representatives of the like revolutionary corps of the other States, to set them off, and make them equal therein to those of Virginia. tion as well as the right or pre-emption of soil, or the right or pre-emption of soil only, shall be and inure for the use and benefit of such of the United States as shall become members of the federal alliance of the said States, and for no other use or purpyse whatsoever. Cession from the State of Virginia. IN CONGRESS, MIARCH i, 1784. Whereas the General Assembly of Virginia, at their session, commencing on the 20th day of October, 1-783, passed an act to authorize their delegates in Congress, to convey to the United States in Congress assembled, all the right of that Comml-1ionwealth to the territory Northwestward of the river Ohio: and whereas the delegates of the said Commonwealth have presented to Congress the form df a deed proposed to be executed pursuant to the said act, in the words following: To all who shall see these presents, we, Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, the underwritten delegates for the Comamonwealth of Virginia, in the Congress of the United States of America, send greeting: Whereas the General Assembly of the Comml-onwealth of Virginia, at their sessions begun on the 20th day of October, 1783, passed an act entitled " An act to authorize the delegates of this State in Congress, to convey to the United States in Congress assembled, all the right of this Commonwealth to the territory Northwestward of' the river Ohio," in these words following, to in it-: " Whereas the Congress of the United States did, by their act of the sixth day of September, in the year one thousand seven hundred and eighty, recommend to the several States in the union, having claims to waste and unappropriated lands in the western country, a liberal cession to the United States, of a portion of their respective claims, for the common benefit of the union: and whereas this Commlonwealth did, on the second day of January, in the year one thousand seven hundred and eighty-one, yield to the Congress of the United States, for the benefit of said States, all right, title, and ciaim, which the said Commonwealth had to the territory Northwest of the river Ohio, subject to the conditions annexed to the said act of cessiotl. And whereas the United States in Congress assembled have, by their act of the thirteenth of Septelber last, stipulated the terms on which they agree to accept the cession of this State, should the legislature approve thereof, which terms, although they do not come fully up to the propositions of this Commonwealth, are conceived, on the whole, to approach so nearly to thein, as to induce this State to accept thereof, in full confidence, that Congress will, in justice to this State, for the liberal cession she hath made,earnestly press upon the other States claiming large tracts of waste and uncultivated territory, the propriety of' making cessions equally liberal for the common benefit and support of the union. " Be it enacted by the General Assembly, That it shall and may be lawful for the delegates of this State to the Congress of the United States, or such of them as shall be assembled in Congress, and the said delegates, or such of them so assembled, are hereby fully authorized and empowered, for and on behalf of' this State, by proper deeds or instrument in writing, under their hands and seals, to convey, transfer, assign, and make over, unto the United States in Congress assembled, for the benefit of the said States, all right, title, and claim, as well of soil as jurisdiction, which this Cornmonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying, and being, to the Northwest of the river Ohio, subject to the terms and conditions con INTRODIUCTION. XXXYVI TIE PUBLIC DEBT-" COMMIUTATION CERTIFICATES" AND OTHER SECURITIES. The firequent allusions, in the course of this compilation, to public securities, in satisfaction of pension claims, under the various denominations of "commutation certificates," issued by the saperintendent of finance, (see resolution 22d March, 1783;) "Treasury certificates," issued by the Register of the Treasury, (see act 11th August, 1790;)'" Loan Office certificates," issued by Commissioners of Loans in the several States; and other " certificates," (of public indebtedness,) issued by sundry commissioners for the adjustment' of army accounts in the several States, &c., &c., render it desirable to give a brief outline of the act of the 4th August, 1790,," making provision for the debt of the United States," commonly called the "Funding act," which it is hoped will conduce to an examiniation of the act itself, for the better comprehension of it. The preamble of said act is as follows: "Whereas, justice, and the support of public credit, require that provision should be made for fulfilling the engagements of the United States, in respect to their foreign debt, and for FUNDING their domestic debt, upon equitable and satisfactory terms." tained in the before recited act of Congress of the thirteenth day of September last; that is to say, upon condition that the territory so ceded shall be laid out and formed into States, containing a suitable extent of territory, not less than one hundred, nor more than one hundred and fifty miles square, or as near thereto as circumstances will admit; and that the States so formed shall be distinct republican States, and admitted members of the federal union, having the same rights of sovereignty, fireedom, and independence, as the other States. " That the necessary and reasonable expenses incurred by this State, in subduing any British posts, or in maintaining forts and garrisons within, and for the defence, or in acquiring any part of, the territory so ceded or relinquished, shall be fully reimbursed by the United States; and that one commissioner shall be appointed by Congress, one by this Commonwealth, and another by those two commissioners, who, or a majority of them, shall be authorized and empowered to adjust and liquidate the account of the necessary and reasonable expenses incurred by this State, which they shall judge to be comprised within the intent and rleaning of the act of Congress, of the tenth of October, one thousand seven hundred and eighty, respecting such expenses. That the French and' Canadian inhabitants, and other settlers of the Kaskasliies, St. Vincent's, and the neighboring villages, who have professed themselves citizens of Virginia, shall have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties. That a quantity not exceeding one hundred and fifty thousand acres of land, promised by this State, shall be allowed and granted to the then colonel, now general George Rogers Clarke, and to the officers and soldiers of his regiment, who marched with him when the post of Kaskaskies and St. Vincent's were reduced, and to the officers and soldiers that have been since incorporated into the said regiment, to be laid off in one tract, the length of which not to exceed double the breadth, in such place, on the Northwest side of the Ohio, as a majority of the officers shall choose, and to be afterwards divided among the said officers and soldiers in due proportion, according to the laws of Virginia. That in case the quantity of good land on the Southeast side of the Ohio, upon the waters of Cumberlandt river, and between the Green river and Tennessee river, which have been reserved by law for the Virginia troops, upon continental establishment, should, firom the North Carolina line bearing in further upon the Cumberland lands than was expected, prove insuflicient for their legal bounties, the deficiency should be made up to the said troops, in good lands, to be laid off between the rivers Scioto and Little Miami, on the Northwest side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, and not reserved for, or appropriated to, any of the beforementioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation or federal alliance of the said States, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use whatsoever: P'rovided, That the trust hereby reposed in the delegates of this State, shall not be executed unless three of them at least are present in Congress," &c. &c. XXXaVIII INT ROD UCTIONo The first section of the act then reserves out of the proceeds of the revenue from customs, &c., ~600,000 a'year for the support of Government, and appropriates the residue for the payment of interest on debts and loans. The act then proceeds thus: "And as new loans are, and will be necessary for the payment of the aforesaid arrears of interest, and the instalments of the principal of the said foreign debt, due and growing due, and may also be found expedient in effecting an entire alteration in the state of the same." Wherefore, the second section authorizes the President to cause $12,000,000 to be borrowed, part to pay arrears and instalments of the foreign debt; and to make other contracts relating to the FOREIGN DEBT. The act then proceeds in relation to the DolMEsTIC DEBT, thus: "And whereas it is desirable to adapt the nature of the provision to be made for the domestic debt to the present circumstances of the United States, as far as it shall be found practicable, consistently with good faith and the rights of' the creditors, which can only be done by a voluntary loan on their part." The third section then authorizes a loan to be proposed to the fill amount of the " domestic debt," by opening books for receiving subscriptions, by a Commissioner of Loans to be appointed in each of the States; and that the sums which shall be subscribed thereto, be payable in "certificates" issued for the said debt according to their specie value; which said certificates are designated and described as follows: Description of certificates r'eceivable for sums subscribed: " 1. The' certificates' issued by the Register of the Treasury. " 2. Those issued by the Conimissioners of Loans in the several States-including' certificates' given pursuant to the act of Congress of the 2d January, 1779, for bills of credit of the several emissions of the 20th May, 1777, and of the 11th April, 1778. "3. Those issued by the Commissioners for the adjustment of the accounts of the quartermaster, commissary, hospital, clothing, and marine departments. " 4. Those issued by the Commissioners for the adjustment of accounts in the respective States. "5. Those issued by the late and present paymaster general, or commissioner of army accounts. " 6. Those issued for the payment of interest, commonly called indents of interest. " 7. And the'bills of credit' issued by the authority of the United States in Congress assembled, at the rate'of 100 in the said bills for one dollar in specie." Alnd then the fourth section designates and describes the Two new " certificates" which the subscribers to the said loans shall be entitled to receive in lieu of the aforesaid certificates and bills of credit, viz: One of which to express the indebtedness of the United States to the holder, in-the sum of two-thirds of the amount subscribed, and to bear interest of six per cent., payable quarter yearly, &c.; the other " certificate " to express the indebtedness of the United States to the holder thereof in the sum of one-third the amount so subscribed and paid, and to bear interest of six per cent., payable quarter yearly, &c. But, for the cert ificates for payment of interest, called "indents of interest," which may be subscribed, the subscriber shall be entitled to a new "certificate " for the amount subscribed, bearing interest of three per cent., payable quarter yearly, &c. And the said act further provides, that, as it may happen that some of the creditors of the. United States may not think proper to become subscribers to the said loan, nothing in this act contained shall be construed to alter, abridge, or impair their rights, or the contracts upon which their respective claims are founded, &c. And the said act, in the thirteenth section, authorizes a loan to the amount of $21,500,000, by subscriptions to be received at the same times and places, by the Commissioners of Loans: And provides that the sums which shall be subscribed shall be payable in the principal and interest of " CERTIFICATES " or " NOTES " which were issued by the several States, before the 1st of January, 1790, as acknowledgements of debts by INTRIODUCTIONo XXXIX them owing, &c. And that said "certificates" or evidences of State debts to be subscribed shall not exceed the following proportions, viz: "In certificates of New Hampshire....................................... $300,000 " In those of Massachusetts............................................... 4,000,000 " In those of Rhode Island............................................ 00,000 "In those of Conecticut........................................ 1,600,000 "In those of New York.................................................... 1,200,000 "'In those of New Jersey............................... 800,000 " In those of Pennsylvania........... 2,200,000 "In those of Delaware.............. 200,000 "In those of' Maryland..... 800,000 " In those of Viaryla d.........,............................................. 3500,000 "In those of Virinia...... 3,500,000 "In those of North Carolina....................................2..........,400,000 " In those of South Carolina........................................ 4,000,000 "In those of Georgia...... 300,000" But it further provides that the certificates of said states, so receivable, must have been issued for no other considerations than compensations and expenditures for services or supplies towards the prosecution of the revolutionary war, or the defence of some part of the United States during said war. And it also provides, in like manner as aforesaid, for the issue of " CERTIFICATES," in lieu thereof, bearing six per cent., and three par cent., payable quarter yearly, &c. &c. Such was the beautiful fiscal device of the funding system which is substantially but another form of s "ccmmutation," by which the evidences of our " foreign debt," of our "; indebtedness to individuals," and of the "debts of the several States," were bought up at their estimated value in specie, and re-issued in Government securities bearing interest payable quarter yearly, with the privilege of their redemption within certain periodsas being probably more satisfactory to claimants than the former precarious state of their respective claims; and so it proved to be, with the double result of "' sustaining the public credit." It is to be regretted, however, that the original losers by the " bills of credit " issued by the authority of the Old Congress, at the rate of "100 in said bills for one dollar in specie," when our resources were low, have never received some atonement since we have been most prosperous. But it may not yet be too late to take the subject under favorable consideration in behalf of their legal representatives, since our national prosperity has made it difficult to devise the ways and means of expending our surplus of revenue, and our immeasureable accession of waste and unappropriated domain. MILITARY AND NAVY ROLLS. The following is an outline of the locations of all the military and navy rolls now in existence in the different executive offices at Washington, necessary to be consulted to ascertain the best evidence of service, in deciding on claims for bounty lands, in the absence of regular discharges. Of the early portions of those rolls in each branch of the service, great deficiencies exist in consequence of their destruction by the conflagration of the War Department in 1814, and of the Treasury Department in 1833. Where it occurs that there is no discharge given, or, that at some period after the service had ceased, a certificate in lieu of a discharge is given, the estimate of the duratiot of service must be established by the rolls; but where the rolls are destroyed, or do not give the facts, then the duration of service must be ascertained by evidence of living witnesses, &c., or some other credible evidence. See Decisions 9th and 13th September, 1850, page 532, No. 100 and 102, also Circular 20th March, 1851, item 8, page 589, No. 25-the liberal spirit of which is, to admit the best credible testimony that can be offered, in the absence of nolls qf which a great portion has been destroyed by fire, and of discharges which have been lost, destroyed, or never received. LXL INTRODUCTION. 1. Rolls in the Adjutant General's Office. 1. Rolls of all commissioned officers in the regular army-except those that were conll sumed in the conflagration of the War Department in 1814. 2. Rolls of all enlisted men in the regular army since the peace of 17th February, 1815. 3. Rolls of volunteers and militia for the Mexican war, from 24th April, 1846, to July 4th, 1848, (and partially in the Pension Office.)) 4. Rolls of all enlisted men of the ten additional regiments of the army, (embracing 3d dragoons, and 9th to 16th infantry): (and partially in the Pension Office.) 2. Rolls in the Second Auditor's Qfice. 1. Rolls of volunteers and militia engaged in the Seminole WTar, from the 20th November, 1817, to the 31st October, 1818. 2. Rolls of volunteers and militia engaged in the Black Hawk war, from the 26th April, 1832, to the 30th September, 1832. 3. Rolls of volunteers and militia engaged in the Florida war, from the 28th December, 1835, to the 14th August, 1842. 4. Rolls of volunteers and militia engaged in the Creek War, from the 5th May, 1836, to the 30th September, 1837. 5. Duplicates of all military rolls in the Adjutant General's Office are partially here, but should be complete in this (the 2d Auditor's) office-except those that were consumed in the conflagration of the War Department in 1814. 3. Rolls in the Third Auditor's Ofi ce. 1. Rolls of all enlisted men in the regular army prior to the peace of the 17th February, 1815-except those consumed in the conflagration of the Treasury in 1833. 2d. Rolls of all volunteeis and militia, prior to, and during the war of 1812, that is, to the peace of the 17th February, 1815-except those that were consumed in the conflagration of the Treasury in 1833. 3. Rolls and inspection returns (to a very limited amount) of volunteers and militia called out in the war of 1813, for the States of Vermont, New York, Pennsylvania, New Jersey, Delaware, North Carolina, and South Carolina, transferred to this (the 3d Auditor's) office, by the Adjutant General. 4. fRolls in the Pension QOfce. 1. Rolls of volunteers and militia engaged in the Mexican War, from the 24th April, 1846, to the 4th July, 1848, are partially in the Pension Office. 2. Rolls of all enlisted men of the ten additional regiments of the army, (say 3d dragoons, and the 9th to the 16th infantry,) raised by act 15th February, 1847, are partially in this office. 5. Rolls of the naval service in the Fourth Auditor's Office. 1. Rolls of seamen and flotilla men in all wars. 2. Rolls of marines in the land and naval service, in all wars. /MATTERS UNAVOIDABLY DEFERRED. On account of the great expense already incurred beyond the remuneration usually estimated for so small an edition of a book of this size, (already extending to 800 pages,) we are compelled to withhold from the press a very considerable portion of the matter we had contemplated to insert in this Introduction. Besides the omission of the analytical tables illustrating the various denominations of pensions and bounty lands, which have, X It not unfrequently occurs, that when the rolls in one office do not establish the service claimed, the said service may be established by the rolls in another office, according to the above references. INTRODUCTION. XLI;h- some respects.been much confounded, both in legislation and in the administration of tlhe laws, we have been unable to devote the still more enlarged space that would have been required for the commentaries which were also prepared for the introduction, and referred to by notes at pages 1, 41, 127, 153, 163, 185, 188, 229, 257, 278, 279, 281, 313, and 537. A further, an X perhaps a yet more potent reason, has been suggested, for deferring these commenltuiries: it is doubted whether editorial strictures, (as they might be considered,) on the inequalities of Legislative Provisionas, and the conflicting of Opinions, Decisions, and.L'egulations, in the administration of the laws, would he acceptable, however they nr:lhLt trlnd to simplify and shorten the modes of correcting them hereafter. These unavoidable omissions we exceedingly regret, although they constitute in many respects a gratuitous labor bestowed on greatly mistified subjects, which could hardly have been expected of us after so much elaboration that has been otherwise bestowed ont the work as now presented. We shall, nevertheless, very gladly insert them hereafter, should a second and larger edition be called for; and in that event, we will cheerfully transmit them tlhrough the proper channels, as a supplement without charge, to all persons holding a copy of this edition. And a speedy call for a second edition we cannot but sanguinely ar;)ticipate, from the high estimate in which it is held by the Commissioner of Pensions and others to whose inspection we have submitted it, independent of the universal interest in a subject that naturally dedicates itself to the military spirit of the country, which, inpersonated by the patriotic ardor of Washington, at once gave us a national existence and an impulsion in that career which has already wafted us to the shores of the Pacific, and, with two inconsiderable exceptions, made us an ocean-bound republic, at the fame time making us the centre of the civilized world, and the putative guardians of the remnants of barbarism on this continent, destined, through our fostering hands, to be reclaimed to civilization. Such have been the immediate sources from which the munificent bomubties in lands and pensions have flown, and will never cease to reward the patroctic "tegular" and "citizen soldier," his widow or his orphan, whilst the profession o: armas shall be needed in the vindication of our country's rights, or in the redress of her wrongs. VIRGINT& HALF PAY AND COMMUTATION CLAIMS. For reasons partly alluded to under the foregoing head, but more particularly because we considered tile merit of these claims to be finally adjudged upon principles of law and equity by the Departmrent, under the two advisory opinions of the Attorney General of the'United States, of the 27th of March, 1849, at page 663, in the cases of the administrator of Churchill Gibbs, and the representatives of John M. Gait; and presuming, moreover, that,,ender all aspects of the subject, the act of the 5th of July, 1832, being purely a special act for the relief of a particular class of claimants, the principles governing the administration or execution of the same were now settled as a finality, and did not call for a mehearsal of the other side of a question raised by previous misconceptions of a special act ratifying and and re-affirming rights already conceded, and repeatedly recognised in particular cases, we had omitted the insertion of the following opinions, appertaining to Vi':ginia half-pay and commutation claims. But on further reflection, and under the suggestion of the Commissioner of Pensions, made to us on finding the argument of Attorney General CLiFFORD omitted, we abandoned the responsibility of that and other omissions of the same purport, which we had considered as no longer applicable to or impedilg the admission of the like claims, and therefore give them a place INT-6 XLIX iNThRODUCO.o here, where they will be as readily accessible to all parties interested, as if they wer interspersed in the body of opinions in. the order of their dates. At the same time we take the liberty of presenting a summary of all the legal points touching these claims, several of which were not adverted to by the late Attorney Gene eral, in the cases of Gibbs and Galt; but all of which confirm his views in those cases, and are now applicable to all like cases. To this. sumnmary, we may premise that half pay for life was the substantive thing promised for military service during the revolutionary war, which would infuse its quality of equity and right of grant into any mode of' satisfying the same that mnightJ afterwards be substituted with the consent of the claimant; consequently, half pay necessarily carried with it the right of commutatiora for whatever period and for whatever amount Congress might estimate and determine such half pay for life to be worth. The resolution of the 21st October, 1780, which says, " the o:ficers who shall continue in the service to the end: of the war, shall also be entitled to. half pay. during life, to commence from the time of their reduction,' makes no discrimination between those rendering such service in any State line and those in the avowed Continental establishment of the regular army of the United States, (see page 7, No. 7:) and the act of the 4th August, 1790, "providing for the debt of the United States," makes them identical: (See an abstract of this law, page xxxvii of this Introduction.) The 3d section of that act authorizes a loan to be proposed for the fall amount of the "domestic debt," by opening books to receive subscriptions in the several States, &c. And the 13th section provides that the sums which shall be subscribed, shall be payable in the principal and interest of's CERTIFICATES" or "6 NOTES," which were issued by the several States, before'the 1st January, 1790, as acknowledgements of debts by TIEM.I owing, &c. —witk the proviso that the " CERTIFICATEs " of said States, so receivable, must have been issued. for no other considerations than compensations, and expenditures for services or suppplies. towards the prosecution of the war, or the defences of some part of the United States during said war;" and that in lieu of such State" cERTIFICATES " or " NOTES,"' loan office "CERTIFICATES" shall be issued to such subscribers, bearing interest at 6 per cent., or 3 per cent.,. as the case might be. Thus it is manifest that these creditors of the respective States, were considered and assumed, by this act, as creditors of the United Stoies. And to this purport the said act further provides, "that, as it may happen that some of the creditors of the United States may not think proper to become subscribers to the said loan, nothing in this act contained shall be construed to alter, abridge, or impair their rights, or the'contracts upon which the respective claims are founded." Now, as completely as the provisions of this act, taken either in connection with the resolution of October, 1780, or isolatedly, and in view alone of its own universal bearing on all claims for services in all the State lines, and. for expenditures by individuals or States, in prosecution of the war, yet it was considered by some (doubtless without adverting fully to those provisions) that Virginia, or the officers of her State line, had no claim on the United States for half pay for life,until the passage of the act of July 5, 1832 and this appears to have been the general sentiment, judging from the forbearance of claimants to present such claims until the passage of that act-which we,with all deference, would consider nothing more than the legislative ratification of a pre-existing right under the funding act of 1790: and it has been further contended that claims for commutation of half pay were not embraced by said act of July; whereas commutation is nothing more than the more eligible mode recognised by Congress, of discharging the substantive obligation of half pay for life, and not an extension of the assumed obligation of the United INTRODUCTION. XLIII states. Hence, notwithstanding the intimation set forth at the conclusion of one of the committee reports of the House of Representatives, to that effect, (see report of'Commitlee on Revolutionary Claims, 18th May, 1838,) claimants seem to have entertained different views in reg'ard to the provisions of that act, sustained, also,: perhaps, by a retrospect of the act of August, 1790, if'we judge from the frequent applications of claimants, shortly after the passage of lthe act of July, claiming commutation five yeais full pay in lieu of half pay for life, not only of the continental line and army proper of the United -States, but of different State lines, accordingly recognised and relieved by special acts of Congress, of which a great number of instances will'be found in this compilation, which.may be regarded as legislative constructions of that act. In evidence of this mode of recognizing the identity of commutation (five years full pay) with half'pay for life, we beg leave to refer to the act of the 2d March, 1833, page 178, No. 157, "for the relief of John Thomas., and:Peter Foster," which, in the 1st section, requires the accounting officers of the Treasury to settle the account of John Thomas,'and allow him "five -ears" full pay" as a captain of infantry of the Revolution in the Virginia line, with such interest thereon as would have been paid to him for the amount of said "commutation, if the same had by him been subscribed to the funded debt of the United States, under the act of 1790. And the 2d section of the act makes the same provision for Peter'oster, a lieutenant of infantry of the revolutionary army, of the Virginia line, and allow him five years' full pay, as such lieutenant, with such interest thereon as is directed in the ist section, &c. Nothwithstanding these. decisive evidences of the original and unchanged'views'of Congress in relation to the claims of States and- individuals in State lines, some of these claims encountered difficulties in the Department, and'were rejected, and then taken before Congress, as in the case of the legal representative of Churchill Gibbs, as long ago as the 30th December, 1837, and anterior thereto, in the case of the representatives of William Vawter. Congress uniformly sustained these claims; and, in that of Churchill Gibbs, after repeated action of committees of the House and the Senate, having referred the claim back to the Department where it had been rejected, stating in their reports that no fu2rther legislation was necessary on the subject-and having given a further interpretation of the previov.s legislation, by the 4th section of the act of the 3d March, 1835, (page 188, No. 171,) to continue the office of Commissioner of Pensions, which says, the duties heretofore required of and performed by the Secretary of the Treasury, under the provisions of the act of the 15th May,_1828, granting allowances to officers and soldieis of the revolutionary army, and in relation to Virginia claims for revolutionary services and the deft~iency of COMMnUTATION, be, and the same are hereby transferred to, and under the duties-of the Secretary of War,"' &c., reaffirmed those views. Yet the Department continued to act in pursuance of the views taken by the Secretary of the Treasury and opinions of Attorneys General anterior to this transfer and disposition of those "duties," showing how strong and imposing an air of veresimilitude can be imposed upon subjects of the most learned disquisition, but under erroneous inferences, for want of a few qualifying'and controlling data essential to give them their true aspect-until the two opinions of the 27th March, 1849, page 663, in which he refers to several of the aforementioned interpretations of Congress, and reversed the previous decisions against these claims. The last action of the Committee of the House on Revolutionary Claims, in the case of Gibbs, was a report of the 28th February, 1849, which concluded in these words: 1" Concurring in the several reports heretofore made in this case, two of which have been sanctioned by the vote of the Senate and the House of Representatives, it would be useless labor to provide other and. further legislation for payment of this petition. That the claim is just, is scarcely con XLIV INTRODUCTION., tested by the Attorney General, for he refers it to Congress for relief; and if it be usi, as the committee think it is, then it can be settled, and ought to be settlad and paid uni der the 3d section of the act of the 5th July, 1832," &c. To this review we surely need not add that it would have made a volume of itself to have included all similar disquisitions upon contested questions of right, because inapplicable to purposes of practical utility after the true aspects of the matters contested, have been attained by a final review of the whole ground, as in the whole class of cases of which those of the representatives of Gibbs, and of Galt, set forth in the opinions of' Mr. Attorney General Johnson, of the 27th March, 1849, page 663. Yet we now insert the following, predicated on less comprehensive views of the subject: Five years full pay was offered by Congress as an equivalent or substitute for half pay for life: and the acceptance of the substitute by an officer precluded the renewal o' his claim for half lpay, and conferred no claim to Virginia officers for crsismsutation. The judgments aeainst Vi ginia, ii behalf' of the officers of her State line, have been for commutation, and not for half pay —which judgments must have been rendered on the principle of comlpromise bLtween her and her officers, she niot having promised the cmmiteatiou or substitute of half pay-which supposes that Congress did not assume it, Therefore those of cers mast abide by tihe judgments, and not fall back upon their original claim for half pay, as, in like mannerL those who accepted the substitute offered by the United States, exonerated the United States from their obligation for half pray. So Shat, whatever may be the obligations of Virginia, Congress have only authorizedt the hal' pay, by the act of' 5tn July, 1832, where the officer had not elected to accept the substitute. ATTORNEY GENERAL'S OFFICE, la-rch 21,. 1833. SIR: Many pressing engagements in the Supreme Court, during its late term, have prevented me from replying sooner to your letter of the 19th of January last, in relation to the claim to half pay made by the representatives of William Vawters, and other officers of the Virginia line in the revolutionary war. By the resolve of Congress of March 22, 1783, the option was given to such officers as, should become entitled to half pay for life, under the resolution of 1780, to retain their title to their half pay, or to receive, in lieu of it, five years7 full pay, on the terms andc conditions mentioned in the resolve. The five years' full pay was offered as an equivalent for the half pay promised, and as a substitute for it. It might prove more or less valuable than the half pay, according to the duration of the officer's life. And it depended on the officers themselves to adhere to the original contract, or to accept the commutation proposed., as they might deem to be most for their advantage. In the act of July 5, 1832, Congress seem to have legislated on the principle that an officer who had once made his election to accept the substitute, was bound by it; and that the United States were under no obligation to give him his half pay, although it should eventually happen that the substitute accepted proved to be of less value. I understand from your statement that the greater number of the j.udgmlnents against the State of Virginia, in the suits instituted by the officers, have been rendered for the commutation proposed by Congress, and not for the half pay. As VTirginia had promised the half pay for life, but had never agreed to become liable for the substitute offered by the United States,, the judgments against her for the commutation must, I presume, have been matters of compromise between her and the officers. In a contested suit, the only judgment which could have been rendered in favor of the officer, must have been on the promise made by the State in her resolve of 1779; and that promise was for half pay,. and not for such commutation as Congress should propose to give ill lieu of it. The 3d section of the act of Congress of July 5, 1832, excepts from thebenefit of its provisions the claims which had been paid, " or prosecuted to judgment against the State of Virginia." The officers, therefore, who had taken jrudgment ior the commutation, are obliged to abide by the judgments they have obtained, and cannot claim tor have their accounts settled on the principles of the half pay cases decided in the Virginia courts. The only ground upon which they could have been excluded is the one above stated: that is to say, that they had made their election to accept the substitute, and were bound by it. There is no reason for supposing that Congress meant to discriminate between those who accepted the commutation without first obtaining judgments. The same principle obviously applies to both cases; and as the officers who have obtained judgments for the commutation are, by the plain terms of the law, embraced in tile exception, and excluded from the benefit of the provision contained in the 3d section, it seems to follow that the words " which had not been paid " must receive a construction equally extensive; and that those who have accepted the commutation without prosecuting their -laims to judgment are equally within the exception, and equally excluded from the ber:fit of the provisions contained in that section in favor of those who have not been paid, and have not INTRODUCTION. XLV prosecuted their claims to judgment against the State. In both classes of cases Congress appear to have acted on the principle that the party had made his election to take the substitute, and that the United States were thereby absolved from the performance of the original contract. In this view of the act of July 5, 1832, it is not material to inquire whether, according to the true construction of the resolve of Virginia of 1779, the commutation can be regarded as tantamount or not to the half pay promised. Whatever may be the obligations of Virginia, Congress have only authorized the half pay to be given where the officer had not indicated by some act of his own that he had elected to accept the substitute offered. These principles embrace the case of Lieutenant Vawters; and as the commutation has been received by his representatives, I think they are not, under the law of July 5, 1832, entitled now to demand the half pay. To the SECRETARY OF TlE TREASURY. R. B. TANEY. Executors or administrators are legal representatives in contemplation of the act of the 5th July, 1832, providingr ifor the payment of revolutionary claims of deceased officers of the State of Virginia, which they are entitled to receive without the assent of the heirs; but the Department may prescribe such regulations as are necessary to determine the authenticity of the claims presented. ATTORNEY GENERAL'S OFFICE, Mlarch 4, 1836. SIR: IIn your communication of the 18th ultimo, after referring to the various provisions of the act of Congress of the 5th of July, 1832, entitled "An act to provide for liquidating and paying certain claims of the State of Virginia," you propose for my opinion the two following questions, arising out of those provisions, viz: 1. Is an executor or administrator the legal representative in the contemplation of this act? 2. If he is, can the Executive, by regulation, require the assent of the heirs to the payment to him of the amount ascertained to be due? In answer to the first of these questions, I have the honor to state, that, in my opinion, the executots or administrators, (as the case may be,) duly constituted, are the legal repre sentatives contemplated by the act of Congress, of all deceased officers included itn the act. This construction is not only called for by the words used in the act of Congress, but is agreeable to the act of Assembly of Virginia, referred to therein, under which the judgments assumed by the United States were obtained; the suits in which those judgments were recovered having been prosecuted, in the case of deceased officers, as I learn fioom the Virginia reports and other authentic sources of information, in the names of their executors or administrators. The second question must, in my opinion, be answered in the negative. The act of Congress has not made the assent of the heirs, or next of kin, a condition precedent. In the exercise of a sound discretion, the Executive may, by regulation, prescribe such forms, and create such guards, as are necessary to determine the authenticity of the claims presented under the law, and to prevent frauds on the Treasury; but when the "' legal representatives" are once satisfactorily ascertained, they are entitled, under the positive provisions of the law, to the moneys directed to be paid to them. To the SECRETARY OF WAR. ~ B. F. BUTTLER. " Commutation for five years' full pay are not included in and provided for by the 3d section of the act of 1832. By that section, the Secretary of the Treasury is only required to adjust andl settle the claims of certain regimrents atnd corps for half pav for life whichi had not been prosecuted tojudgment against the State of Virginia, and for which the State is bound, on tihe irinciplles decided in the Suprerne Court of that State in other cases. The question, moreover, is regarded as andjudicated, and therefore not properly olen for e.xamin ati6on, except by Colgress." ATTORNEY GENERAL'S OFFICE, Apr1il 8, 1844. SIR: I had the honor, on the 18th day of January last, to receive, a communication fiom your predecessor in relation to a claim preferred by MIr. Green, the agent of the State of Virginia, against the United States, for the sum of 858,148 66 paid by that commonweallh to the representatives of George Walls and others, for commutation claims for revolutionary services, the answer to which has been delayed bymy necessary eligagements in the Supreme Court and other engrossing duties, which left me until -recently without the leisure required for the satisfactory examination of the subject to which it refers. The question.bmitted to me is, whether, under the 3d section of the act of Congress of the 5th July, 1832, the liability of the United States is for the " half pay for life to the persons therein named, or whether it extends to the commutation for five years' full pay, they having died within ten years after the close of the revolutionary war I" XLVI INTRODUCTION. The first section of the act of Congress referred to provided for refunding to the State of Virginia the sum of $139,543 66 for payments made by said State to the officers commanding in the Virginia line in the war of the revolution on account of half pay for life promised the officers aforesaid by that commonwealth. The 2d section directed to be paid to the State of Virginia $241,345, to be applied to the payment of five classes of judgments that had been recovered against said State, and were then unsatisfied. The 3d section, upon which the question under consideration arises, is in the following terms: "That the Secretary of the Treasury be, and he is hereby, directed and required to aduj st and'settle those claims' for half pay of the aforesaid regiments and corps which have not been paid or prosecuted to judgments against'the State of Virginia, and for which said State would be bound on the principles of the half pay cases already decided ill the Supreme' Court'of Appeals of sa'id State; which several sums of money herein directed to be settled or paid, shall be paid out of any mnoney in the treasury not otherwise appropriated by law." On the part of Virginia, it' is insisted that by the true interpretation of this section, the claims now preferred are embraced by the act of Congress, whilst, by the decision ot the late Secretary of War, it is affirmed that it extends only to half pay claims,'and not to cases of commutation for five years' full'pay. The question is not altogether free from difficulty; and if it were an open one, I should feel myself called on, in any opinion I might express, to give a very full and particular statement of the reasoning by which that opinion was controlled. But in view of the uniform action of the several Departments of the Government, founded upon an interpretation placed on the law by an eminent jurist then at the head of the Treasury Department, immediately after its passage, and fortified by the subsequent decisions of a Secretary of the Treasury, and an -Attorney General no less distinguished, I regard the matter as having passed into judgment; and the construction of the law to which the late Secretary of War has conforined his decision, so far as the executive departments of the'government are concerned, as fixed, and as properly subject to modifications or change by ihe power of Congress alone. I am of opinion, therefore, that the claim in question ought not to be paid without an act of Congress to authorize it. JNO. NELSON. Hon. WILLtIAM WILKIPNs, Secretary of War. "The claim made in behalf of Virginia by Thomas Green, Esq., agent of that State, is just, and falls within the provisioas,lf the 2d section of the act of 1832: and the balance of the appropriations made by that act would be applicable to the payment of it, we're it not that it has been carried to the surplus fund, from which it cannot be withdrawn except by act of Congress." ATTORNEY GENERAL'S OFFICE, April 8, i844. SIR: The Hon. James M. Porter, your predecessor in the Department of War, by letter dated the'6th of February last, submitted for my examination the accompanying application of Thomnas Green, Esq., agent of the State of Virginia, (which, with the papers transmitted,'numbered from 1 to 8, incltisive, is herewith returnied,) upon which he desired my opinion —lst, whether the claim thereby'presented is one for which the governmnent of the United States is liable, under the act of Congress of the 5th July, 1832? and, 2d, whether, if-such liability exists, it will not be necessary for Congress to make an appropriation before it can be paid, the unexpended balance appropriated by the second section of that act having been carried to the surplus fund? Upon the first question, I am clearly of opinion that the claim is just, and falls within the provisions of the 2d section of the act of 1832; that the exceptions taken to it by the Commissioner of Pensions cannot be sustained, and that the balance of $9,414 66 of the appropriations made by that act, if now within the control of the department, would be applicable to the payment of' the demand. But the difficulty suggested by the second question is, I think, insuperable. The balance above indicated was, under the circurmstances of the case, properly carried to the surplus fund, froin which it canll be withdrawn by the appropriating power of Congress alone. Hion. WVILLIAM WILKtINS, Secretary of War. JNO. NELSON. "All declarations for pensions made prior to the act of 30th of April, 1844, restricting widows to only such part of the five years' pension as lheir husbands did not receive, are friee from the influence of the restriction. From its passage to January 23, 1845, they were subject to the restriction; but subsequently to the latter date they were again fiee from it. Widows who prepared their declarations prior to 30th April, 1844, and filed them before 23d Jainary, 1845, fi;om whom any part was withheld on account of payment to their husbands, are entitled to the whole amount." ATTORNEY GENERAL'S OFFICE, M:ay 9, 1845. SIR: Your communication of the 11th ultimo was duly received, with the statement of the Commissioner of Pensions and accompanying papers. I have been prevented from giving the subject an earlier attention by the pressiure of -other'engagements. The INTRODUCTION, oXLVII question presented is so involved in its terms that I have had some difficulty in comprehending its precise purport. But I understand it to relate to the extent to which the act of 20th February, 1845, operates oni the applications of widows of revolutionary officers or soldiers for the benefit of the pension acts of 1836 and of 1838. At the date of the appropriation act of 30th April, 1844, it was the settled construction of' existing laws that widows entitled to the benefit of these pension laws should have five years' pension from the 4th day of March, 1836, notwithstanding their husbands may have enjoyed the benefit of the act of 1832 to a period later than the 4th March, 1836. The effect of this construction was to give the same amount of pension to the husband while living, and the widow, after his death,for so much time as he had survived beyond that date. The restriction of the act of April, 1844, arrested this practice, and deducted from the widow's pension so much as was paid to the husband after the 4th of March, 1836. The joint resolution of 23d January, 1845, suspended the operation of this restriction, and declared that its provisions should not affect a widow's claim, whose application for a pension, or arrear of pension, at the passage of that resolution, had been made and filed in the Pension Office, awaiting the decision of the Commissioner of Pensions thereon. The term "arrear of pension" must mean so much of pension as had been withheld for the period after the 4th March, 1836, in which the husband had been paid. The act of 20th February, 1845, supersedes the act of 30th April, 1844, and settles, definitively, that from its passage a pension shall not be granted to any widow for or during any part or portion of the time her husband may have received one, whose declaration therefor shall not have been made on or before the 30th day of April, 1844, and shall not have been received at the Pension Office on or before the 23d January, 1845. All declarations for pensions made prior to the restriction of 30th April, 1844, are free from the influence of that restriction. Up to its date, applicants had a right to five years' pension from 4th March, 1836; from its passage, they had no such right until 23d January, 1845, when its influence on their cases was suspended. The reservation in the act of 20th February, 1845, was therefore made in favor of all declarations which were prepared prior to the restrictive clause and filed in the Pension Office prior to the 23d January, 1845, and the intent was to secure to the widows all the benefits which they were entitled to prior to the 23d January, to the same extent as if the act of 30th April, 1844, had never passed, with'a single condition that they had prepared and filed their declarations within the periods mentioned in the act of 20th February, 1845. Without this, those widows whose cases were acted on before the 30th of' April, 1844, would be paid by one rule, and those whose applications were prepared, but not acted on, M ould be paid by another. The term pension includes the claim for the less amount, which had been withheld by reason of payment for part of the five years to the husband. And the act of 20th February must be construed to carry that intention into effct. If a widow had prepared her declaration for a pension prior to the 30th of April, 1844, and filed it before the 23d January, 1845, praying for a five years' pension, and any part had been withheld on account of payment to her husband, her' case is within the reservation of the act, and she is entitled to receive the full amount, as if the restriction had not been imposed. Hoil. WILLIAMi L. MARCY, Secretary of TFar. J. Y. MASON. " The representatives of a lieutenant in a Virginia State regiment, afterwards transferred to the continental establishmhent, who'in' his lifetime obtained a judgment against siid State for commutation of five years" fllt pay in lieu of half pay for life, and received pjayment thereof ia 1792, are not entitled, under existing laws, to be allowed a claim fbr further compensation for services rendered by their ancestor. This claim was considered and rejected by the epa)artmnest in 1833, on the ground that it had been tpaid. It is not provided for in the 3d section of the act of 1i32, and cannot be allowed except under special authority from Congress.', ATTORNEY GENERAL'S OFFICE, June 2, 1847. -Sia: After considerable delay-arising in part, however, at the instance of the agent of the claimants-I proceed to state my views upon the legal questions presented for my consideration in your letter of the 14th ultinto, enclosing the papers relating to the claim of the representatives of Churchill Gibbs. It appears by the report of the Commissioner of Pensions, that Churchill Gibbs was a Lieutenant in the First Virginia State Regiment, commanded by Col. George Gibson, and that he served in that capacity to the close of the revolutionary war. The papers also show, that the State of Virginia, by an act of her Assembly, passed in May, 1779, promised half pay to certain officers therein described, who should serve iuntil the end of the war, to commence from the determination of their command or service. It is proper to remark, that the documents transmitted, while they show that Lieut. Gibbs was in the service, also disclose the following important facts: The General Assembly of Virginia, in November, 1781, passed an act to adjust and 6regulate the pay and accounts of the officers and' soldiers of the Virginia Line on the XLVIII INTRODUCTIOXlI Continental establishment, and also of the officers, soldiers, sailors, andI marines, in the service of this State, and for other purposes," in which among other things, it is provided, ", and the Executive is hereby empowered and required to set on foot proper inqlliries to discriminate such officers, as by unworthy conduct, or by any means whatever, be thought unfit to be considered as entitled to half-pay." In pursuance of this authority, a board of officers was convened in February, L 782, and the result of their proceedings show that Lieutenant Gibbs was included in the list of discriminations for the following reasons: "Had the command of a guard at Richmond, which he quitted without leave, and went to Petersburg, where he was taken by the enemy." It further appears that, in 1831, the State of Virginia, by her Commissioner, presentled a memorial to Congress, setting forth certain claims of the State for payments made, and liabilities incurred, on account of the services of her citizens in the revolutionary war. In this memorial it is alleged, that "( Virginia has paid claims of revolutionary officers since the settlement of the United States, to the amount of' 139,543 66. Judgments have been rendered against the Commonwealth on these claims to the amount of $241,354. The claims now pending against the Commonwealth, inicladidg those reported by the board of officers, which are not yet prosecuted, are estimated at $300,600, which are supposed to rest on the same principle with others on which judgments have been rendered." It also contains a special statement with respect to the regiment in which Lieut. Gibbs served, from which I make the following extract: " The regiment commanded by Col. George Gibson, generally known as the First Virginia Regimenrt,mas transferred to the Continental service in October, 1777, in place of the Ninth Virginia Continental Regiment, which was captured at the battle of Ge.mantown. Gibson's regiment was actually in the service of the United States, when it was thus transferred by law, though it had been raised for the particular defense of the State. This regiment continued in the Continental service throughout the war. It has been recognised as a Continental regiment, both by Congress and the other Departments of the Government, and its surviving officers are now receiving pay firom the United States, under the provisions of the act of Congress of the 15th May, 1828. Payments have been made, by Virginia, to officers, and the representatives of officers belonging to this regiment, to the amount of about $42,000. Judgments have been rendered on similar claims against the Commonwealth to the amount of about $27,000; and those claims of the officers of this regiment, which are not yet prosecuted, but for which the State is liable, on the principles of these judgments, are estimated at $31,200." The name of Churchill Gibbs is included in the list of payments under judgment, made by Virginia, appended to the memorial under the signature of the Auditor of the Commonwealth, and forms a part of the gross sum of $139,543 66. The difficulty, therefore, that stands in the way of the right of his representatives to demand remuneration for the services of their ancestor, at the present time, even admit. ting the service to have been faithfully performed, arises from the fact, which is beyond dispute, that in his lifetitne, Lieutenant Gibbs had prosecuted his claim successfully against the State of Virginia, and recovered a judgment for commutation of five years' full puy, in lieu of half pay for life, and that the amount thus liquidated, includidg interest, was paid to him, and the judgment satisfied 7th May, 1792, more than forty years before the passage of the act of Congress of the 5th July, 1832, under which the claim is now preferred. No reasonable doubt can be entertained that the memorial of Virginia, and the facts therein set forth, induced Congress to pass the act of the 5t1h July, 1832. It is entitled, "'An act to provide for liquidating and paying certain claims of the State of Virginia," IV Stat. at Large, 563. The first section directs " that the proper accounting officers of the Treasurer do liquidate and pay the accounts of tile Commonwealth of Virginia against the United States, for payments to the officers commandir.;g in the Virginia line in the war of the Revolution, on account of' half pay for life, promised the officers aforesaid by that Commonwealth," and appropriates the exact sum which her Commissioner had claimed in his memorial under that head, including, it should be remembered, the amount of the judgment for commutation and interest on the same, allowed to the ancestor of the present claimants. The second section requires and directs the Secretary of the Treasury to pay the amount of certain judgments remaining unsatisfied, which had been rendered against the said State on account of the promise aforesaid, not exceeding in the whole the sum of $241,345. The claimants rely upon the third section, and insist that it authorizes the allowance and payment of their claim, deducting the amount which their ancestor roive'd frOm the State of Virginia, It provides," That the Secretary of the Treaaury INITRODIUCTIO1N. XLIX be, and he a,hereby, directed and required to adjust and settle those claims for half pay,of the officers of the albresaid regiments and corps which have not been paid or prosecuted to judgment against the State of Virginia, and for which said State would, be bound, on0 tl-e principles of the half pay cases already decided in the Supreme Court of Appeals of said State, which several sums of money herein directed to be settled or paid shall be paid out of any money in the Treasury not otherwise appropriated by law." On the 28th July, 1832, the Treasury Department adopted inter alia the following regulations for the settlement of claims under the third section: "The settlement to be confined to those cases of which a list has been furnished by the Auditor of the State of Virginia as contairini the names of those officers reported by the board of officers in 1782 and 1784, (including part of Col. Crockett's regiment,) whose claims for halftay have not been satisfied nor prosecuted in court, and of those cases in which judgments have been obtained against, but not paid by, the State of Virginia." In this con1nexion it is proper to remark, that in May, 1833, when this claimn was first presented for payment, dluring tlhe period that the settlement of these claims was devolved on the Treasury, it was rejected by the then Secretary, Mr. McLane, on the ground that it had been prosecuted to judgment by Lieut. Gibbs, and that the judgment, which was for commutation, had been paid with interest 7th May, 1792. That decision, it seens, was acquiesced in at the tilue: and does not appear to have been Imade the subject of controversy until the present year. A few years since a petition was presented to the House of Representatives on behalf of Mr. Gibbs, praying that he be paid commutation of five years' full pay firom the United States, because the regiatent to which he belonged was transferred it October, 1777, from the State line of Virginia into the Continental line of the army of the United States. The Committee on Revolutionary Claims, to whom the petition was c telred at the last session, could find no just cause to rallow the claim in the form in auhich it was presented, but say "there is no prohibition for justice to the petitioner in the third section of the act of 5th July, 1832," and added, in conclusion, " that whatever claim he may have, is to the remainder of his half-pay promised by'Virinia," a-d that there was no necessity for further legislation for his relief. After this report was made, the claim was again presented to the Department for payment, upon the original ground which had been overruled by Mr. McLane, and the same question is now presented for my opinion, whether it is enmbraced in the 3d section of the act of 1832. Concurring altogether in the conclusion of the Secretary of the Treasury, I am of opinion that the claim is not provided for in that section, and cannot be paid without further legislation. The act of 1832 may be regarded in some respects in the nature of a contract between the United States and the Com'nmonwealth of Virginia. The former assumed certain obligations, which, for the sake of greater precision and certainty in their fulfilment, were divided into three separate classes, altogether distinct and independent of each other. The first section provides fbr the repayment of the amount which had been paid by Virginia on account of the half pay claims of her citizens for services during the revolutionary war.'lhis class, let it be remembered, had been adjusted and paid by the State prior to the passage of the act of 1832. Ia adjusting these accounts, the accounting officers of the Treasury had no authority to investigate the merits of the original claims; they could only examine the vouchers and compute the amount which had been paid by Virginia, witlhout contracting any farther obligation whatever. The second section relates exclusively to outstanding judgments, constituting the second class of these claims assumed by the United States under that arrangement. It is not pretended that the present claimant.s can have any relief under any one of its provisions. The third section is limited to claims to be adjusted and settled by the Secretary of the Treasury, and such as had not been paid or prosecuted to judgment against the State of Virginia, -'nd for which said State would be bound on the principles of the half-pay cases already decided in tlhe Supreme Court of Appeals of said State. The nature of the obligation coltacted under this section varies essentially from the two former. Observe the diffiterence of language. The requirements here is to adjust and settle, evidently referring to a class of outstanding claims not already embraced in the previous sections. Viewing the law in the light of a contract, it will be perceived that the facts which it was agreed should reg ulate the performance of the stipulations in the two first sections had been fui!y ascertained by Virginia herself, and by her authorized tribunals. Consequently, it;as provided in the first place, that the actual payments made, when ascertained, should constitute the measure of the obligation assumed, and the covenant of prayment was made to apply to the accounts of the State, and not to the claim of the officers, for the reason, that the claims embraced in that section had been already adjusted and paid. INT-7 L'INTRODUOTION. Surely, then, it is imrmaterial whether any given claim was paid before or after judgE ment, if it had been adjusted before the passaae of the act of 1832, and if the amount so, paid was included in the list of settled accounts. It does not appear that the nature and extent of the obligation, or the rights of' the parties under the second section, have ever been drawn in question. Further comment, therefore,. on that provision is unnecessary.. Under the two first sections, by the express words of the act, the payments were stipulated to be made to the State, and not to the claimants, for reasons too obvious in both: cases to require any mention. It is therefore clear, in my judgment, that all claimswhich had been adjusted and paid by Virginia prior to the 5th July, 1832, were embraced in the first section of the act, and that the Department has no power to re-examine or re-adjust the amount thus found to be due and fully settled between the two Governments. Much stress is placed in the argument in, behalf of the claimants upon the following sentence of the third section: " And for which said State would be bound on the principles of the half pay cases already decided in the Supreme Court of Appeals of said State." It is insisted that this provision enlarges the obligation assumed, and authorizes the Secretary of the Treasury to re-open and re-adjust any case settled by the State,. where the amount paid to the claimant was less than the original claim. I cannot so; regard it. On the contrary, it seems to me that it was inserted for a very different purpose. It was intended to prescribe the rule of adjustment which Congress contracted to apply in the settlement of the unliquidated claims not embraced in the previous sections. In this sense it is an important part of the conmpact; for while it secures the application of just rules in the adjustment of outstanding claims, it operates to, guard the Treasury against imposition and fraud. This was desired by both parties, and to accomplish this purpose it was agreed that the Secretary of the Treasury should be governed by the rule which Virginia had prescribed to herself while the obligation rested upon her, and before it had been transferred to the United States. It is assumed in the argument, that in some few cases similar claims have been allowed by the Department. I have not the documents before me to examine the special circumstances under which such allowances have been made, nor do I deem it of much importance; for if such examples can be found, their influence is more than counterbalanced in this case by the official opinion of the Secretary of the Treasury, pronounced on the 17th May, 1833, rejecting the claim. It would be unsafe, in my opinion, to disturb that decision at this day, without the sanction of Congress. Questions litigated before the Department must be considered as closed at some time, and when shall that rule be applied, if not after a solemn decision and fourteen years' acquiescence in its justice and propriety. United States vs. Bank of llMetropolis, 16 Peters 400-1. There is only one point further in the argument which I feel called upon to consider at the present time. It is contended that the phrase "prosecuted to judgment" has reference solely to the judgments specifically enumerated and classified in the second section of the act. No doubt such is the general' application of the phrase. But in this special case it may not be unreasonable to regard it in the light in which it was evidently viewed by Mr. McLane, as furnising an additional obstacle to the right of the present claimants to recover, inasmuch as the list filed by the authority of the State upon which the action of Congress was had, shows that this claim was first prosecuted to judgment, and then paid, and finally included by the first section in the settlement between the two Governments with the adjusted accounts. It is true that the judgment was for commutation, but it is admitted that it was in, lieu of half-pay for life. It was based upon a half-pay claim, under the promise in the act of the Virginia Assembly. The party accepted the fruits of the judgment, and his representatives are presumed to be in the enjoyment of them at this time. The papers show that he received the sumr of $2,801 33. It is doubtless competent for Congress to grant relief, and to that tribunal it seems to me the claimants should apply. NATHAN CLIFFORD. Hon. WV. L. MARCY, Secretary of War. "Interest as well as the principal of the claim of the heirs of Thomas Ewal for commutation for military services may be allowed, as in the case of John M. Galt. (Opinion of 27th Martch, 1849, p. 663, [7.] Although interest as a general rule will not be paid upon claims against the government, there are instances in which the government, from considerations of policy, allows it." ATTORNEY GENERAL'S OFFICE, July 20, 1849. SIR: The point suggested in the case of the claim of the heirs of Thomas Ewal, upon which you have desired my opinion, I have considered. It is certainly true that, as a refusal or delay of a debtor sovereign to pay a debt is never to be presumed, interest as INTRODUCTION. Li a general rule is not to be exacted. But there are exceptions, and, in my opinion, this claim furnishes one. It. is now too late to inquire whether interest originally could have been claimed upon commutation of pay. The opinion I gave on the W7th of March last, in Galt's case, to which you refer, and under which you have acted, Ad see no reason to question. It is true, that, in the claim now before me, a judgment has not been obtained against Virginia for the amount demanded; but it is clear that she is liable for it, and that her courts will so decide. In that event, you concede that the United States will be compelled to indemnify Virginia if she pays, or to pay the claimants if they then shall present their claims to the United States. This being so-and I think it is beyond all doubt-I am of opinion that the interest should be paid as well as the principal, and at once. To compel the claimants to incur the expense of a suit against Virginia which can but result in one way, and to the delay consequent upon it, whilst it could not possibly inure to the benefit of the United States, would be to do great and unnecessary injustice. I repeat, therefore, that the interest as well as the principal of the claim, in my opinion, should be allowed. REVERDY JOHNSON. Hon. THOMAs EWING, Secretary of the Interior. "The representatives of Thomas Armstead, a captain who served in a Virginia regiment in the revolutionary war prior to 21st May, 1782, when the became a supernumerary to the 3d of April, 1783, and who died 1st September, 1849, to whom the Virginia legislature allowved $2,400 in 1826, as commutation without interest, and to whom Congress subsequently allowed half-pay from 3d September, 1783, to the period of his death, and afterwards allowed lhalf-pay from 21st May, 1782, to said 3d April, 1783, are not now entitled to Ihave the account reopened and restated, so as to allow interest on the said commutation." ATTORNEY GENERAL'S OFFICE, October 31, 1849. SIR: The questions submitted by you to this office in the case of the claim of the representatives of Thomas Armstead, a captain in the army of the Revolution, in the 1st Virginia State regiment, commanded by Colonel George Gibson, I have considered. As it is only on poitlts of law that the advice and opinion of the Attorney General can be properly requested by yourself, as the head of your department, I shall limit what I have to say to the legal questions presented; and in doing this, I must assume as true the facts stated by the Commissioner of Pensions. To devolve upon this office the duty of examining and deciding controverted facts, would make it impossible for the Attorney General to attend to his other duties as prescribed by the act of 1789. The facts, then, of the present case are these: General Armstead was a captain in the regiment referred to, but became a supernumerary at and before the termination of the war. In February, 1826, Virginia, by a special act of her legislature, allowed his representatives two thousand four hundred dollars as commutation without intetest; and on account of his having been a supernumerary officer, afterwards, in February, 1833, and under the act of Congress of the 5th July, 1833, half pay was allowed them by the United States from the 3d September, 1783, to ist September, 1809-the period of the captain's death-less the sum which had been paid as above by Virginia; and in October, 1845, a further allowance of like pay was made by the United States from the 21st May, 1782, when Armstead became a supernumerary, to the 3d of April, 1783-the commencement of the prior allowance. The claim now made is to have the entire account opened and restated, so as to give commutation with interest. Upon these facts you have submitted to me two questions of law. The first is, whether Virginia, having, by the act of 1826, acknowledged the right to commutation, that right is now open to be disputed by her, or by the United States standing in her place; and, secondly, whether, if it is open, the fact that Armstrong was a supernumerary defeats the right to interest on the commutation which Virginia did allow? Your second question being one entirely of fact, I pass it by for the reason heretofore assigned. First. Is Virginia or the United States estopped fiom denying the right to commutation itself? If Virginia is, it is because of her act of 1826 allowing it; but the reasons for that allowance do not appear. The legislature may have granted, and perhaps did grant it, without reference to the question of strict right. Indeed, the very necessity of legislative interference may have been because there was no antecedent right which could be enforced by the claimant. Such, I think, is the inference from the law, instead of its being an estoppel on the original prior question of title. The case of officers of that description, as is evident from the history of the times, was, in Virginia, considered a bad one. Without fault of theirs they ceased to be in actual service; and on that ground alone were not considered, in respect to compensation, on an equal footing with their more fortunate associates. This very hardship, in all probability, led to these special acts in their favor; but such acts are to be considered-as they clearly were at the LII INTRODUCTION. time-as acts of favor-as grants of bounty; or, in given instances, as compromises of rights in dispute between the United States and the offlcer or his representatives. They partake, therefore, in no particular of a right so admitted as to have the effect of an estoppel as to what they actually grant. To that extent they are exclusive, but no further. The original question of right, therefore, to cornmutation in the preseunt case, is not, iu my opinion, cancelled by the Virginia law of 1820. Second. Being a supernumerary, I am clear in the opinion that his estate is not entitled to the interest it now claims. The counsel for the claimant is mistaken, I thin to relinquish the bounty land to which such non-commissioned officer, musician, or private soldier, had he survived the war, would have been entitled; and, in lieu thereof, to receive half the monthly pay to x hich such deceased person was entitled at the time of his death, for and during the term of five years, to be computed from and after the seventeenth day of February, one thousand eight hundred and fifteen; the payment thereof to be made when and where other military pensions are or shall be paid; and where a warrant for the military bounty land aforesaid shall have been issued to or for the use of the child or children of any such deceased non-commissioned officer, musician, or private soldier, such child or children, or either of them, being under sixteen years of age, it shall be lawful for the guardian of such minor or minors, to surrender and deliver such warrant into the office for the Department of War, within one year from the passing of this act; of which surrender and delivery the Secretary of that Department shall give notice to the Secretary of the Treasury, who shall thereupon give the requisite orders for the payment of the half pay hereby provided for. SEC. 3. And be it farther enacted, That all soldiers who have been enlisted to serve for five years or during the war, and were above the age of forty-five, or under the age of eighteen years, who have faithfully served during the late war, and have been regularly discharged, and the representatives of such soldiers as shall have died whilst in the service of the United States, and all soldiers who have been enlisted, and have faithfully served during the late war, until they have been promoted to the rank of commissioned officers, who, if they had served during the war under their enlistment, and been regularly discharged, would have been entitled to a bounty in land, shall be entitled to one hundred and sixty or three hundred and- twenty acres of land, according to the term of enlistment; the warrants and patents to issue in the same manner as in the case of soldiers enlisted of proper age, and discharged under similar circumstances. SEc. 4. And be it further enacted, That, for the purpose of carrying the provisions of this act into effect, and other acts giving bounty lands to soldiers of the regular army, the President of the United States is hereby authorized to cause to be surveyed and laid off, in one or more surveys, two millions of acres, not otherwise appropriated, in addition to the appropriations of lands by the act of May the) sixth, one thousand eight hundred and twelve, for designating, surveying, and granting, military bounty lands according to the provisions of said act. SEC. 5. And be it further enacted, That no transfer of land, granted in virtue of this or any other law, giving bounties of land to the non-commissioned officers, musicians, and privates, enlisted during the late war, shall be valid, unless the contract or agreement therefor, or letter of attorney, giving power to sell or ~ Time extended: See act of 3d March, 1819-post. 14 106 MILITARY AND NAVY PENSION LAWS. convey, shall have been executed after the patents shall be issued and delivered to the persons entitled thereto. [59.] [Laws of the U. S., vol. 6, page 78.] CHAP. 68. An act to increase the pensions of invalids in certain cases; for the relief of invalids of the militia; and for the appointment of pension agents in those-States,where there is no commissioner of loans. 1. Persons of the ranks named, now on the pension roll, are to receive after the 24th of April, 1816, for the highest degree of disabilities, the sums mentioned: For less disabilities, proportionably less. 2. Persons hereafter placed on the military pension roll, to be put on at the rates specified in this act: Nothing herein to lessen a higher pension by special provision. 3. Officers and soldiers of the militia, whilst in service, to be placed on the pension roll as those of the regular army. 4. The Secretary of War required to appoint proper persons in the States and Territories, where there is no commissioner of loans, to perform the duties relating to pensions and pensioners. APPROVED, APRIL 24, 1816. SEC. 1. Be it enacted by the Senate and House of Representsa tives of the United States of America in Cong'ess assembled, That all persons of the rank hereinafter named, who are now on the military pension roll of the United States, shall, from and after the passage of this act, be entitled to, and receive, for disabilities of the highest degree, the following sums, in lieu of those to which they are now entitled, to wit: a first lieutenant, seventeen dollars; a second lieutenant, fifteen dollars; a third lieutenant, fourteen dollars; an ensign, thirteen dollars; and a non-commissioned officer, musician, orprivate, eight dollars per month: and for disabilities of a degree less than the highest, a sum proportionably less. SEC. 2. And be it further enacted, That all persons of the aforesaid ranks, who may hereafter be placed on the military pension roll of the United States, shall, according to their ranks and degrees of disabilities, be placed on at the aforesaid rates of pensions, in lieu of those heretofore established: Provided, That nothing herein contained shall be construed to lessen the pension of any person who, by special provision, is entitled to a higher pension than is herein provided. SEC. 3. And be it further enacted, That all laws and regulations, relating to the admission of the officers and soldiers of the regular army to be placed on the pension roll of the United States, shall, and they are hereby declared to, relate equally to the officers and soldiers of the militia, whilst in the service of the United States. SEC. 4. And be it further enacted, That the Secretary for the Department of War be, and he is hereby, authorized and required to appoint some fit and proper person in those States and Territories where there is no commissioner of loans, and also in the district of Maine, to perform the duties in those States and Terri MIITARY AND NAVY PENSION LAWS. 107 tories, and in said district, respectively, relating to pensions and pensioners, which are now required of said commissioners in their respective States. [60.] [Laws of the U. S., vol. 6, page 128.]CHAP. 144. An act foi' the relief of Elizabeth Hamilton. 1. Accounting officers of the treasury to allow the widow of A. Hamilton, deceased, five years' full pay, for the services of her husband as a lieutenant colonel, out of any moneys in the treasury. APPROVED, APRIL 29, 1816. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury be, and they are hereby, required to settle the account of' Elizabeth Hamilton, widow and representative of Alexander Hamilton, deceased, and to allow her five years' full pay for the services of her deceased husband, as a lieutenant colonel in the revolutionary war, which five years' full pay is the commutation of his half pay for life; to be paid out of' any moneys in the Treasury not otherwise appropriated. [61.] [Laws of the U. S., vol. 6, page 145.] CHAP. 167. An act concerning invalid pensioners. 1. The Secretary of War to place the persons named on the pension list at the rates and from the times specified. 2. The pensions of the persons named, already on the pension list, to be increased as specified: Nothing in this act'to be construed to allow pensioners any other pension than herein provided, or any higher rate than heretofore; for any time previous to the passage of the act mentioned. APPROVED, APRIL 30, 1816.'SEC. 1. 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 he is hereby, directed to place the following named persons on the pension list of invalid pensioners of the United States, who shall be entitled to, and receive, pensions according to the rates, and commencing at the times, herein mentioned, that is to say: John Huie, at the rate of twenty dollars per month, to commence on the twenty-seventh of December, eighteen hundred and fifteen. Erastus Desbrow, at the rate of six dollars per month, to commence on the eighteenth November, eighteen hundred and fifteen. John B. Williams, at the rate of six dollars per month, to commence on the twelfth of September, eighteen hundred and fifteen, 108 7'MILITARY AND NAVY PENSION LAWS. Ptolemy Sheldon, at the rate of eight dollars per month, to conmmence on the ninth of June, eighteen hundred and fifteen. Humphrey Webster, at the rate of seventeen dollars per month, to commence on the first of June, eighteen hundred and fifteen. Asa Glazier, at the rate of four dollars per month, to commence on the twenty-sixth of January, eighteen hundred and sixteen. Joseph Westcott, at the rate of six dollars and sixty-seven cents per month, to commence on the sixth of January, eighteen hundred and sixteen. Alston Fort, at the rate of eight dollars per month, to commence on the sixteenth of September, eighteen hundred and fourteen. Luther Gregory, at the rate of four dollars per month, to commence on the twenty-second of February, eighteen hundred and sixteen. Henry Parks, at the rate of eight dollars per month, to commence on the twenty-second of February, eighteen hundred and sixteen. Lemuel Hewlit, at the rate of four dollars per month, to commence on the twelfth of January, eighteen hundred and sixteen. Peter Mills, at the rate of eight dollars per month, to commence on the fifth January, eighteen hundred and thirteen. Bethuel Goodrich, junior, at the rate of four dollars per month, to commence on the eighteenth of November, eighteen hundred and fifteen. William Vineyard, at the rate of four dollars per month, to commence on the second of November, eighteen hundred and fifteen. Aaron Stewart, at the rate of' four dollars per month, to commence on the fourth of October, eighteen hundred and fifteen. Michael M'Dermott, at the rate of eight dollars per month, to commence on the twenty-fifth of March, eighteen hundred and fourteen. William Bowyer, at the rate of eight dollars per month, to commence on the tenth of October, eighteen hundred and fifteen. Samuel Jacaway, at the rate of four dollars per month, to commence on the ninth of January, eighteen hundred and fourteen. Joseph S. Vandriesen, at the rate of eight dollars per month, to commence on the fourth of March, eighteen hundred and thirteen. Jacob Kendelsperyer, at the rate of four dollars per month, to commence on the seventeenth of November, eighteen hundred and fourteen. Thomas Fugate, at the rate of eight dollars per month, to commence on the twenty-first of May, eighteen hundred and fourteen. Cornelius Williams, at the rate of four dollars per month, to commence on the eighteenth day of December, eighteen hundred and fifteen. John B. Fuller, at the rate of eight dollars per month, to commence on the twenty-eighth of November, eighteen hundred and fifteen. Michael Chapu, at the rate of four dollars per month, to commence on the fifth of February, eighteen hundred and sixteen. MILITARY AND NAVY PENSION LAWS. 109 Joseph Henderson, at the rate of eight dollars and fifty cents per month, to commence on the twenty-fourth of December, eighteen hundred and fourteen. John' Pidgeon, at the rate of four dollars per month, to commence on the eighth of February, eighteen hundred and fifteen. George Fitzsimmons, at the rate of four dollars per month, to commence on the first of June, eighteen hundred and fifteen. Jesse Beach, at the rate of twenty dollars per month, to commence on the third of January, eighteen hundred and sixteen. Daniel Stagg, at the rate of eight dollars per month, to commence on the twenty-sixth of February, eightee'n hundred and sixteen. Daniel Bailey, at the rate of four dollars per month, to commence on the eighteenth of December, eighteen hundred and fifteen. Calvin Barnes, at the rate of four dollars per month, to commence on the fourteenth of February, eighteen hundred and sixteen. Noble Morse, at the rate of eight dollars per month, to commence on the thirty-first of October, eighteen hundred and fifteen. David M'Cracken, junior, at the rate of eight dollars per month, to commence on the ninth of February, eighteen hundred and sixteen. John Patterson, at the rate of four dollars per month, to commence on the twenty-ninth of December, eighteen hundred and fifteen. Thomas Baldwin, at the rate of eight dollars per month, to commence on the sixth of June, eighteen hundred and fifteen. Zenas Hastings, at the rate of eight dollars per month, to commence on the twenty-ninth of November, eighteen hundred and fifteen. James Nowell, at the rate of eight dollars per month, to commence on the fifth of April, eighteen hundred and eleven. Charles Hagin, at the rate of eight dollars per month, to commence on the eighth of November, eighteen hundred and fifteen. Joseph Foster, at the rate of eight dollars per month, to commence on the tenth of' October, eighteen hundred and fifteen. Levie Frisbie, at the rate of eight dollars per month, to commence on the ninth of November, eighteen hundred and fifteen. Joseph Gillet, at the rate of seventeen dollars per month, to commence on the eighteenth of April, eighteen hundred and fifteen. Samuel Truby, at the rate of eight dollars per month, to commence on the ninth of September, eighteen hundred and fifteen. David Hawkins, at the rate of eight dollars per month, to commence on the seventeenth of November, eighteen hundred and fifteen. Philip Ulmer, at the rate of fifteen dollars per month, to commence on the twenty-second of January, eighteen hundred and sixteen. John Hamilton, at the rate of ten dollars per month, to commence on the fifth day of February, eighteen hundred and fifteeno 110 MIILITARY AND NAVY PENSION LAWS. Nathaniel Thompson, at the rate of four dollars per month, to commence on the sixteenth of June, eighteen hundred and fifteen. John Downs, at the rate of four dollars per month, to commence on the twenty-second of March, eighteen hundred and sixteen. John Fenton, at the rate of four dollars per month, to commence on the sixth of February, eighteen hundred and sixteen. William Collins, at the rate of four dollars per month, to commence on the eighteenth day of January, one thousand eight hundred and sixteen. James Allen, at the rate of four dollars per month, to commence on the third of May, one thousand eight hundred and fifteen. William Richardson, at the rate of' four dollars per month, to commence on the twelfth of April, one thousand eight hundred and fifteen. James Devourix, at the rate of eight dollars per month, to commence on the eighth of July, one thousand eight hundred and fifteen. James Guthrie, at the rate of four dollars per month, to commence on the twenty-seventh of September, one thousand eight hundred and fifteen. Nathaniel Clark, at the rate of six dollars per month, to commence on the twentieth of February, one thousand eight hundred and fifteen. John Haskell, at the rate of eight dollars per month, to commence on the eleventh of December, one thousand eight hundred and fifteen. James Nourse, at the rate of four dollars per month, to commence on the seventeenth of November, one thousand eight hundred and fifteen. John M'Nulty, at the rate of eight dollars per month, to commence on the twelfth of June, one thousand eight hundred and fifteen. Joseph Kerr, at the rate of four dollars per month, to commence on the twenty-third of October, one thousand eight hundred and fifteen. Stephen M. Conger, at the rate of four dollars per month, to commence on the seventeenth of October, one thousand eight hundred and fifteen. Socrates Swift, at the rate of eight dollars per month, to commence on the eighteenth of March, one thousand eight hundred and fifteen. Nathan Lockwood, at the rate of four dollars per month, to commence on the first of December, one thousand eight hundred and fifteen. Samuel Gurnee, at the rate of eight dollars per month, to commence on the sixth of March, one thousand eight hundred and sixteen. Emory Lowman, at the rate of eight dollars per month, to commence on the sixteenth of June, one thousand eight hundred and fifteen. MILITARY AND WiAVY PENSION LAWS. 111 John M'Millan, at the rate of fifteen dollars per month, to commence on the twenty-third of Augusts one thousand eight hundred and fifteen. Reuben-Goolsby, at the rate of four dollars per month, to commence on the first of April, one thousand eight hundred and sixteen. William Rhodes, at the rate of four dollars per month, to commence on the third of November, one' thousand eight hundred and fourteen. Daniel Ruminer, at the rate of six dollars per month, to commence on the fourth of July, one thousand eight hundred and fifteen. Beverly Williams, at the rate of twenty dollars per month, to commence on the twenty-fourth of- September, one thousand eight hundred and fifteen. James Shaw, at the rate of eight dollars per month, to commence on the fifth of September, one thousand eight hundred and fifteen. Edmund Borum, at the rate of eight dollars per month, to commence on the twenty-first of August, one thousand eight hundred and fifteen. Matthew Williams, at the rate of six dollars per month, to commence on the eleventh of July, one thousand eight hundred and fifteen. William L. Sypert, at the rate of four dollars per month, to commence on the twenty-fourth of August, one thousand eight hundred and fifteen. Samuel Scott, at the rate of eight dollars per month, to colmmence on the twenty-seventh of May, one thousund eight hundred and fifteen. David Hubbard, at the rate of four dollars per month, to commence on the seventeenth of June, one thousand eight hundred and fifteen. Hugh Hays, at the rate of four dollars per month, to commence on the fburtlh of July, one thousand eight hundred and fifteen. William Dennie, at the rate of six dollars per month, to commence on the sixteenth of September, one thousand eight hung dred and fifteen. John Bruce, at the rate of six dollars per month, to commence on the sixteenth of September, one thousand eight hundred and fifteen. George Sleeker, at the rate of six dollars per month, to commence on the twenty-third of Augast, one thousand eight hundred and fifteen. Robert C. Davis, at the rate of six dollars per month, to commenee on the fifteenth of September, one thousand eight hundred and fifteen. Bracket Davison, at the rate of six dollars per month, to commence on the seventeenth of December, one thousand eight hundred and fifteen. 112 3MILITARY AND NAVY PENSION LAWS, W. I. Shumate, at the rate of fourteen dollars per month, to commence on the twenty-seventh of' July, one thousand eight hundred and fifteen. Alexander M. Gray, at the rate of eight dollars per month, to commence on the twenty-seventh of July, one thousand eight hundred and fifteen. John Patterson, at the rate of four dollars per month, to commence on the eighteenth September, one thousand eight hundred and fifteen. Paul Bonnel, at the rate of four dollars per month, to commence on the twenty-ninth of January, one thousand eight hundred and sixteen. Daniel Hannah, at the rate of four dollars per month, to commence on the twenty-eighth of February, one thousand eight hundred and sixteen. Joshua Mercer, at the rate of four dollars per month, to commence on the twenty-seventh of March, one thousand eight hundred and sixteen. Samuel Schoonover, at the rate of eight dollars per month, to commence on the eighteenth of March, one thousand eight hundred and sixteen. Alston Cook, at the rate of eight dollars per month, to commence on the twenty-sixth of October, one thousand eight hundred and fourteen. John Chittim, at the rate of six dollars per month, to commence on the first of January, one thousand eight hundred and fifteen. Abraham Johnson, at the rate of five dollars and thirty-three cents and one-third of a cent per month, to commence on the eleventh of February, one thousand eight hundred and sixteen. Thomas Gadd, at the rate of four dollars per month, to commence on the eleventh of July, one thousand eight hundred and fourteen. William O'Neal, at the rate of four dollars per month, to commence on the fifteenth day of February, one thousand eight hundred and sixteen. Thomas Edmondson, at the rate of four dollars per month,, to commence on the twenty-seventh day of May, one thousand eight hundred and fifteen. Josiah B. Pachard, at the rate of eight dollars per month, to commence on the twenty-second day of January, one thousand eight hundred and sixteen. John Q. Talbotts, at the rate of four dollars per month, to commence the fifth day of April, one thousand eight hundred and fifteen. James Jackson, at the rate of four dollars per month, to commence on the twenty-first of August, one thousand eight hundred and fifteen. Jean Du Peron, at the rate of eight dollars per month, to commence on the twenty-eighth of December, one thousand eight hundred and fourteen. John Lamb, at the rate of eight dollars per month, to commence on the first of April, one thousand eight hundred and sixteen. vfiLITARY AND NAVY PENSION LAWS. 1 13 SEC. 2. And be it further enacted, That the pensions of the -llowing named persons, already placed on the pension list of the United States, be increased to the sums herein, respectively, annexed to their names; the said increase to commence at the times herein mentioned, and to be in lieu of the pensions they at present receive; that is to say: Nero Hawley, at the rate of eight dollars per month, to commence on the thirtieth of October, one thousand eight hundred and fifteen. Nathan Hawley, at the rate of eight dollars per month, to commence on the thirtieth of October, one thousand eight hundred and fifteen. James Porter, at the rate of four dollars per month, to commence on the twenty-second of January, one thousand eight hundred and sixteen. John Durell, at the rate of eight dollars per month, to commence on the twenty-ninth of June, one thousand eight hundred and fifteen. James White, at the rate of eight dollars per month, to comminence on the twenty-seventh of May, one thousand eight hundred and fifteen. David Scott, at the rate of twenty dollars per month, to commnence on the eighteenth of May, one thousand eight hundred and fourteen. Hugh Barnes, at the rate of twenty dollars per month, to commence on the fourth of March, one thousand eight hundred and sixteen. Edmund Stevenson, at the rate of eight dollars per month, to commence on the first of April, one thousand eight hundred and sixteen: Provided, That nothing in this act shall be so construed as to allow any pensioners any other pension than is herein provided; or any higher rate of pension than has heretofore been allowed to him, or to others similarly situated, for any time previous to the passage of an act, entitled "An act to increase pensions of invalids in certain cases, for the relief of invalids of the militia, and for the appointment of pension agents in those States where there are no commissioners of' loans."* [Laws of the U.S., vol. 6, page 216.] CHAP. 237. An act concerning invalid pensioners. t. The Secretary of War directed to place the persons named on the pension fist ef invalid pensioners, according to the rates mentioned. 2. The p4isions of the persons nlamed to be increased as specified. APPROVED, MARCH 3, 1817. SEc. 1. Be it enacted by the Senate and HRouse of Rejpresentafives of the United States of America in Congress assembled, That S see act of 24th April, 1816, No. [59.]-ante. 114 MILITARY AND NAVY PENSION LAWS the Secretary of War be, and he is hereby, directed to place the following named persons on the pension list of invalid pensioners of the United States, who shall be entitled to,. and receive, pensions according to the rates, and commencing at the times, hereinafter mentioned; that is to say: Johnson Cook, at the rate of four dollars per month, to commence on the twenty-seventh of November, one thousand eight hundred and sixteen. Joseph Wilkinson, at the of eight dollars per month, to com-n mence on the twenty-third of December, one thousand eight hung dred and sixteen. William Maxwell, at the rate of four dollars per month, to commence on the eighth of October, one thousand eight hundred and sixteen. Elihu Lester, at the rate of eight dollars per month, to commence on the fifth of November, one thousand eight hundred and sixteen. Daniel Collomy, at the rate of four dollars per month, to commence on the first of August, one thousand eight hundred and sixteen. Benjamin Haile, at the rate of four dollars per month, to commence on the fifth of December, one thousancld eight hundred and fifteen. John Haney, at the rate of four dollars per month, to commence on the fifteenth of' October, one thousand eight hundred and sixteen. Uriah Warren, at the rate of four dollars per month, to commence on the fifth of December, one thousand eight hundred and. sixteen. Jonathan D. Carrier, at the rate of four dollars per month, to commence on the twenty-eight of February, one thousand eight hundred and sixteen. John Myers, at the rate of five dollars thirty-three and a third cents per month, to commence on the fifteenth of November, one thousand eight hundred and sixteen. James Newberry, at the rate of four dollars per month, to comr mence on the nineteenth of April, one thousand eight hundred and sixteen. William Arnold, at the rate of four dollars per month, to comrmence on the twenty-third of October, one thousand eight hundred and sixteen. Ro. J. Lowry, at the rate of eight dollars and fifty cents per month, to commence on the eleventh of February, one thousancd eight hundred and sixteen. Jesse M'Annally, at the rate of eight dollars per month, to commence on the eighteenth of July, one thousand eight hundred and fourteen. Apheus Hill, at the rate of eight dollars per month, to come mence on the first of January, one thousand eight hundred and sixteen. MILITARY AND NAVY PENSION LAWS. 115 Leroy Jones, at the rate of five dollars and thirty-two cents per month, to commence on the fifth of November, one thousand eight hundred and sixteen. William Wilson, at the rate of four dollars per month, to com-.mence on the fifth of November, one thousand eight hundred and sixteen. John iM'Clure, at the rate of four dollars per month, to commence on the tenth of September, one thousand eight hundred and sixteen. Robert Warrel, at the rate of eight dollars per month, to commnence on the ninth of September, one thousand eight hundred and sixteen. William Carter, at the rate of five dollars thirty-three cents per month, to commence on the seventh of October, one thousand eight hundred and sixteen. William English, at the rate of eight dollars per month, to commence on the ninth of September, one thousand eight hundred and sixteen. Henry Doherty, at the rate of four dollars per month, to commence on the seventh of October, one thousand eight hundred and sixteen. George Hendrick, at the rate of four dollars per month, to commence on the seventh of October, one thousand eight hundred and sixteen. John Hinkson, at the rate of four dollars per month, to commence on the twentieth of September, one thousand eight hundred and sixteen. Jeptha Brown, at the rate of four dollars per month, to commence on the fourteenth of December, one thousaad eight hundred and sixteen. John Miller, at the rate of eight dollars per month, to commence on the second of January, one thousand eight hundred and seventeen. Aaron Stafford, at the rate of five dollars thirty-three cents per month, to commence on the eight of January, one thousand eight hundred and seventeen. Elias Ware, at the rate of four dollars per month, to commence on the sixteenth of January, one thousand eight hundred and seventeen. Daniel Moffett, at the rate of four dollars per month, to commnence on the twenty-fifth of August, one thousand eight hundred and fifteen. Frederick P. Stevenson, at the rate of eight dollars and:fifty cents per month, to commence on the sixth of January, one thousand eight hundred and seventeen. Sion Holly, at the rate of five dollars and thirty-three cents per month, to commence on the twenty-eight of February, one thousand eight hundred and sixteen. Robert Lyon, at the rate of four dollars per month, to commence on the eighth of November, one thousand eight hundred and f.ifteen. 116 3IILITARY AND NAVY PENSION LAWS, Henry Turner, at the rate of five dollars and thirty-three cents per month, to commence on thie seventh of December, one thousand eight hundred and sixteen. Mark Miller, at the rate of four dollars per month, to cornmmence on the sixteenth day of December, one thousand eight hundred and fifteen. George G. Gretten, at the rate of two dollars and'sixty-six cents per month, to commence on the first day of February, one thousand eight hundred and seventeen. Glover Baker, at the rate of two dollars per month, to commence on the twenty-ninth of October, one thousand eight hundred and sixteen. Nathan Crosby, at the rate of four dollars per month, to commence on the fourteenth of February, one thousand eight hundred and seventeen. James Heard, at the rate of eight dollars and fifty cents per month, to commence on the twentieth of February, one thousand eight hundred and seventeen. Joshua Penny, at the rate of six dollars per month, to commence on the twentieth day of February, one thousand eight hundred and seventeen. Enoch Barnum, at the rate of eight dollars per month, to commence on the first day of January, one thousand eight hundred and seventeen. Malyne Baker, at the rate of four dollars per month, to cornmence on the first day of January, one thbousand eight hundred and seventeen. Reuben Thacker, at the rate of four dollars per month, to commence on the first day of January, one thousand eight hundred and seventeen. SEc. 2. And be it further enacted, That the pensions of the following named persons, already placed on the pension list of the United States, be incressed to the sunms herein respectively annexed to their names; the said increase to commence at the times herein mentioned, and be in lieu of pensions they at present receive; that is to say: Naicholas Telsh, at the rate of twenty-five dollars per month, to commence on the thirteenth day of June, one thousand eight hundred and fifteen. George Shannon, at the rate of twelve dollars per month, commencing on the eleventh of September, one thousand eight hundred and sixteen. [63.] [Laws of the lU. S., vol. 6, page 235.] CHAP. 270. An act for the relief of the widow and children of Abrahamr Owen. 1. The benefits of the 2d see. of the act for the relief of the officers and soldiers who served in the campaign on the Wabash, extended to the widow and children of Abraham MILITARY AND NAVY PENSION LAWS. 117 Owen. 2. Allowance to be paid to the widow and children out of money in the treasury not appropriated. APPROVED, MARCH 3, 1817. ASEC. 1. Be it enacted by the Senrte and Hiouse of Representatives qof the Unite>d States of America in Cong-ress assembled, That the widow and children of Abraham Owen, late a volunteer aidde-camp of General William H. HEarrison, shall be entitled to all the benefits of the second section of an act of Congress, approved the tenth day of April, one thousand eight hundred and twelve, entitled "An act for the relief of the offcers and soldiers who served in the late campaign on the Wabash; " " and that they be allowed the same sum of money to which they would have been entitled had the rank of major been regularly assigned to the said Abraham Owen. SEc.. 2. And be it further enacted, That the said allowance be paid to the said Tidow and children, according to the provisions of the said act, out of any noney in the Treasury not otherwise appropriated. L 64.] [Laws of the U. S., vol. 6, page 241.] CHAP. 280. An act to amend an act, entitled "An act making farther provision for military services during the late war, and for other purposes." 1. Widows and children of soldiers of militia, volunteers, rangers, and'sea-fencibles, placed on an equality: Rate of annual allowance. 2. Provisions of the act fixing the military peace establishment, of 3d March, 1815, concerning additional pay, extended to wagon-masters, &c. 3. Further time to guardians for relinquishment of bounty lands. 4. Widows and children of non-commissioned officers of the rangers placed on equality with those of infantry. 5. Provisions of the 2d section of the act of 16th April, 1816, extended: Proviso; as to assent of other heirs. 6. Relinquishment of title to bounty land entitles children of regular soldiers to four dollars per month. APPROVED, MARCH 3, 1817. SEC. 1. Be it enacted by the Senate and House of Representatives of. the United States of America in Congress assembled, That the widows and children of soldiers of the militia, the volunteers, the rangers, and the sea-fencibles, who served during the late war, and for whom half pay for five years was provided, by an act passed on the sixteenth day of' April, one thousand eight hundred and sixteen, entitled "An act making further provision for military services during the late war, and for other purposes," t shall be placed on an equality as to their annual allowance, that is to say: Such widows, and in case of no widow, such children, as may be embraced in the before-recited act, shall be entitled to receive. (as the half pay to which they are entitled,) at the rate of forty-eight dollars per annum, and no more; and the widows * See act of that date, No. [ 47.] -ante. t See act of that date, No. [ 58.]-ante. 118 MILITARY AND NAVY PENSION LAWS. and children aforesaid, of the officers of the different corps afore-, said, shall be entitled to the half pay of the officers of" the infantry. SEc. 2. And be it further enacted, That the provisions contained in an act, entitled "An act fixing the military peace establishment of the United States," ~ passed on the third of March, one thousand eig'lht hundred and fifteen, granting to the commissioned officers of the regular army, who were deranged by said act, three months' pay in addition to the pay and emoluments to which they were entitled by law at the time of their discharge, shall equally extend to wagon-masters, forage-masters, barrack-masters, and other warrant officers of the staff of the regular army, who, were deranged by the before-recited act, except those provisionally retained by the President of the United States. SEC. 3. Aind be it further enacted, That the further time of two years shall be allowed to the guardians of the minor children of deceased soldiers to relinquish their claims to bounty lands for five years' half pay, according to the second section of the beforerecited act, to which this is a supplement, passed the sixteenth day of April, one thousand eight hundred and sixteen.t SEC. 4. And be it further enacted, That the widows and children of the non-commissioned officers of the rangers shall be placed on the same footing as to half pay, for five years, with the widows and children of the infantry. SEC. 5. And be it farther enacted, That the provisions of the second section of the act to which this is a supplement shall be, and the same are hereby, extended to all cases where either of the children therein mentioned shall have been under sixteen years of age at the time of the father's decease: Provided, The guardian of such minor children shall, in addition to the relinquishment by the said act required, file, in the office of the Department of War, evidence of the assent of all the other heirs, if any there be, of said deceased soldier, or of their guardians, to such relinquishment. SEC. 6. And be ii-further enacted, That in all cases where the child or children of a regular soldier, deceased, have the right, under the laws of the United States, to relinquish their bounty in land for five years' half pay, the said child or children shall be entitled to the same amount as is given by the act to the rido, vs of the militia soldiers who died in service during the late war, viz: four dollars per month. * See act of that date, No. [ 55.]-ante. t See act of March 3, 1819-post. MILITARY AND NAVY PENSION LAWS. 119 [65.] [Laws of the U. S., vol. 6, page 263.] fCHAP. 305. An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war.* 1. Officers and privates who served in the army or navy during the revolutionary war, entitled to pensions: Officers, twenty dollars per month; non-commissioned officere, &c., eight dollars per month: Claims to previous pensions to be relinquished. 2. A declaration under oath, and other evidence, necessary to the obtaining the benefit of this act: Testimony to be transmitted to the Secretary of Wa/Vr: Payment to be made as in case of other pensions. 3. Pensions to commence on the day of oath. 4. Sale, transfer, or mortgage of pension not valid: False swearing punishable as perjury. APPROVED, MARCH 18, 1818. SAc. 1. Be it enactled by the Senate and House of Representatives of the United States of America in Con coress assembled, That every comm;ssioned officer, non-commissioned officer, musician, and private soldier, and all officers in the hospital department and medical staff, who served in the war of the revolution until the end thereof, or for the term of nine months, or longer, at any period of the war, on the continental establishment; and every commissioned officer, non-commissioned officer, mariner, or marine, who served at the same time, and for a like term, in the naval service of the United States, who is yet a resident citizen of the United States, and who is, or hereafter by reason of his reduced circumstances in life, shall be in need of assistance from his country for support, and shall have substantiated his claim to a pension in the manner hereinafter directed, shall receive a pension from the United States: if an officer, of twenty dollars per mtonth during life; if a non-commissioned officer, musician, mariner, marine, or private soldier, of eight dollars per month during life: Provided, No person shall be entitled to the provisions of this act until he shall have relinquished his claim to every pension heretofore allowed him by the laws of the United States. Sec. 2. And be it fart/her enacted, That, to entitle any person to the provisions of this act, he shall make a declaration, under oath or affirmation, before the district judge of the United States of the district, or before any judge or court of record of the county, State, or Territory in which the applicant shall reside, setting forth, if he belonged to the army, the company, regiment, and line to which he belonged; the time he entered the service, and the time and manner of leaving the service; and, in case he belonged to the navy, a like declaration, setting forth the name of the vessel and particular service in which he was employed, and the time and manner of leaving the service, and shall offer such other evidence as may be in his power: and on its appearing, to the satisfaction of the said judge, that the applicant served in the revolutionary war as aforesaid, against the common enemy, he shall certify and transmit the testimony in the case, and * See additional act of 1st May, 1820' No. [75.J —post. 120 MILITARY AND NAVY PENSION LAWS.. the proceedings had thereon, to the Secretary for the Department of War, whose duty it shall be, if satisfied the applicant comes undter the provisions of this act, to place such officer, musician, mariner, marine, or soldier, on the pension list of the United: States, to be paid in the same manner as pensions to invalids who have been placed on the pension list are now paid, and under such restrictions and regulations, in all respects, as are prescribed by law. SEC. 3. And be it further enatcted, That every pension, by virtue of this act, shall commence on the day that the declaration under oath or affirmnation, prescribed in the foregoing seetion, shall be made. SEc. 4. And be it further enacted, That, from and after the passage of this act, no sale, transfer, or mortgage, of the whole, or any part, of the pension payable in pursuance of this act, shall be valid; and any person who shall swear or affim falsely in the premises, and be thereof convicted, shall suffer as foir wilfulb and corrupt perjury. [66.] [Laws of the U. S., vol. 6, page 338.] CHAP. 383. An act to increase the pay of the militia while in the actual service, and for other pursoses. 1. The pay of militia called into the service of the United States against the Seminole' Indians, to be the highest allowed by law during the late war. 2. Widows and orphans of militia called into service against the Seminole Indians entitled to half pay and pensions. APPROVED, APRIL 20, 1818. SeC. 1. Be it enacted by the Senate and House qf Representatives of the United States of America in Congress assembled, That the monthly pay of the militia which have been called into the ser-. vice of the United States since the first day of September, eighteen hundred and seventeen, or which hereafter rray be called into the said service, in prosecuting the war against the Seminole tribe of Indians, shall be the highest allowed by law to the militia in the service of the United States during the late war with Great Britain. SEC. 2. Be it further enacted, That the widows and orphans of the militia who hav', been called into service of the United States since the first day of September, eighteen hundred and seventeen, or who hereafter may be called into the said service, in prosecuting said war, and who may have died or been killed, or hereafter may die or be killed, in such service, shall be entitled to the same half pay, for five years, and pensions allowed by the laws now in force to the widows and orphans of the militia who died or were killed in the service of the United States during the late war with Great Britain. MILITARY AND NAVY PENSION LAWS. 121 [67.] [Laws of the U. S., vol. 6, page 363.] CHAP. 418. An act for the relief of Major General John Stark. 1. The Secretary of War to place Gen. John Stark on the pension list, at sixty dollars per month, from 16th August, 1817. 2. Pension payable at the treasury, or as other pensions. APPROVED, DECEMBER 28, 1818. SEC. 1. Be it enacted by the Senate and Hozuse of lepresentatives of the United States of America in Congress assembled, That the Secretary for the War Department be, and he is hereby, directed to place upon the list of invalid pensioners of the United States Major General John Stark, at the rate of sixty dollars a month, to commence on the sixteenth day of August, one thousand eight hundred and seventeen. SEC. 2. And be it further enacted, That the pension aforesaid shall be paid at the treasury of the United States, or in the same manner as invalid pensioners are paid who have heretofore been placed on the list of pensioners, at the option of said pensioner. [ 68.] [Laws of the U. S., vol. 6, page 397.] CHAP. 465. An act for the relief of Phebe Steuart. 1. The Secretary of War to place Phebe Stuart on the pension list. APPROVED, MARCH 3, 1819. SEc. 1. 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 he is hereby, directed to place on the pension list Phebe Stuart, widow of James Stuart, deceased, under the provisions of an act passed the sixteenth day of April, one thousand eight hundred and sixteen, making provision for the widows and orphans of the militia who had died in the service of the United States. [ 69.] [Laws of the U. S., vol. 6, page 401.] CHAP. 479. An act for the relief of Hannah Ring and others. 1. The Secretary of War authorized to place Jonathan Ring on the pension list: The receipt of Hannah Ring, his wife, sufficient. 2. John Frink to be also placed on the pension list: His son's receipt sufficient. 3. Abraham Edwards to be placed on the pension list: His son's receipt sufficient. 4. Thomas Lucas to be placed on the pension list: His wife's or guardian's receipt sufficient. APPROVED, MARCH 3, 1819. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 122 3ILITAIRY AND NAVY PENS ION LAWS. the act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war, passed the eighteenth day of March, eighteen hundred and eighteen, shall be construed to authorize the Secretary of W~ar to place on. the pension list Jonathan Ring, a soldier of the revolutionary war, now insane, of the date of the eleventh day of July, eig'hteen hundred and eighteen; and that the receipt of the said HTannah Ring, his -wife, during his insanity, shall be sufficient for the pension allowed by the said act. SaE. 2. Alnd be it filrther enacted, That the said act shall be also construed to authorize the Secretary of War to place on the pension list John Frink, a soldier in the revolutionary war, now insane, of the first day of May, eighteen hundred and eighteen; and that the receipt of Luther Frinlk, his son, shall be sufficient for the pension allowed by the said act. SEC. 3. And be it further enacted, That the said act shall be also construed to authorize the Secretary of War to place on the pension list Abraham Edwards, a mariner in the revolutionary war, now insane, of the date of the first of July, eighteen hundred and eighteen; and the receipt of Joseph Edwards, his son, shall [be] sufficient for the pension allowed by this act. SEC. 4. And be it further enacted, That the said act shall be also construed to authorize the Secretary of War to( place on the pension list Thomas Lucas, a soldier in the revolutionary war, now insane, of the date of the fourteenth of January, eighteen hundred and nineteen; and that the receipt of the wife of the said Thomas Lucas, or his guardian, shall be sufficient for the pension allowed by this act. [70.] [Laws of the U. S., vol. 6, page 414.1 CHAP. 491. An act regulating the payments to invalid pensioners. 1. In applications for payments of pensions, the affidavit of two credible surgeons stating the continuance and rate of disability to accompany the application gor payment falling due after the 4th March, 1820, and every two years thereafter: Affidavit not necessary in case of total disability: This act not to extend to invalids under the act of 18th March, 1818. APPROVED, MARCH 3, 1819. SEC. 1. Be it enacted by the Senate and House of Representatives tives of the United States of America in Congress assembled, That in all cases of application for the payment of pensions to invalids, under the several laws of Congress granting pensions to invalids, the affidavits of two surgeons or physicians, whose credibility, as such, shall be certified by the magistrate before whom the affidavit is made, stating the continuance of the disability for which the pension was originally granted, (describing it,) and the rate of such disability at the time of making the affidavit, shall accom MBLITARY AND NAVY PENSION LA WS. 123 pany the application of [for] the first payment which shall fall due after the fourth day of March next, and at the end of every two years thereafter; and if, in a case of a continued disability, it shall be stated at a rate below that for which the pension was originally granted, the applicant shall only be paid at the rate stated in the affdavit: Provided, That where the pension shall have been originially granted for a total disability, in consequence of the loss of a linb, or other cause, which cannot, either in whole or in part, be removed, the above affidavit shall not be necessary to entitle the applica-nt to payment: Anid provided, also, Tha(t this act shall not extend to the invalids of the revolution, who have been, or shall be, placed on the pension list, pursuant to an act of Congciress. entitled "An act to provide for certain persons engagecd in the land and naval service of the United States in the revolutionary war," approved the eighteenth day of March, onel thousand eight hundred and eight- [eighteen.] [71.] [Lawvs of the U. S., vol. 6, page 4220] CHAP. 501. An act to authorize the Secretary of War to appoint an additional agent for paying pensioners of the United States in the State of Tennessee. 1. The Secretary of War to appoint an additional agent to pay pensioners in East Tennessee. AIPPROvED, MARCH 3, 18i9. Sec. 1. Be it enacted by the Senate and House of Repesentatives of the Untired States of Amzerica in Congress assenzbled, That from and aRfter the passing of this act, the Secretary for the Department of War be, and he is hereby, authorized to appoint an agent, in addition to the one already appointed in the State of Tennessee, under the act of the twenty-fourth of April, one thousand eight hundred and sixteen,t for the purpose of paying pensioners of the United States, residing in East Tennessee; vwhose duties shall be, in all respects, similar to those appointed under the a-orementioned act. [72.] [Lcawzs of the U. S., vol. 6, page 426.] CHAP. 504. An act concerning the allowance of pensions upon a relinquilshment of bounty lands. 1. The 2d s'ection of the act of 16th April, 1816, continued in force until 3d March, 1822: The children, or one of them, must, to obtain the pension, be under sixteen: Pension to commence at date of relinquishment. APPROVED, MARCH 3, 1819. * So in the original: It should be eighteen. t See act of April 24, 1816, No. [ 59.]-ante. 124 MILITARY AND NAVY PENSION LAWS. SEC. 1. Be it enacted by the Senate and House of Representatitles of the United States of America in Congress assembled, That the second section of the act making further provision for military services during the late war, and for other purposes, approved April sixteenth, one thousand eight hundred and sixteen,* and so much of the act to amend the same, approved March third, one thousand eight hundred and seventeen,t as relates to the sumbject of that section, shall be continued in force for the term of three years from and after the passing of this act: Provided, nevertheless, That no pension shall be granted under the said acts, after the sixteenth day of April next, unless, at the time of relinquishing the bounty land, in the manner therein described, the children, for whose benefit the same may be granted, or one of them, shall be under sixteen years of age: And provided, also, That the pensions shall commence at the date of the relinquishments respectively. [73.] [Laws of the U. S., vol. 6, page 428.] CHAP. 509. An act concerning invalid pensions. 1. The Secretary of War to place the persons named on the pension list. 2. Pensions increased to the persons named. 3. Officers, soldiers, &c., who served in the revolutionary war, on availing themselves of the act of 18th March, 1818, not entitled to pensions under this or other future acts. 4. Persons entitled by the acts mentioned, may be placed on the pension list without report. APPROVED, MARCH 3, 1819. SEC. 1. 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 he is hereby, directed to place the following named persons on the pension list of invalid pensioners of the United States, who shall be entitled to and receive pensions, according to the rates, and commencing at the times, hereinafter mentioned; that is to say: Benijah Abro, at the rate of four dollars per month, to commence on the eleventh of October, one thousand eight hundred and seventeen. Robert Craighead, at the rate of four dollars per month, to commence on the thirty-first of January, one thousand eight hundred and eighteen. Solomon Van Ransallaer, at the rate of thirty dollars per month, to commence on the thirteenth day of October, in eighteen hundred and twelve, and the sum of two thousand five hundred and eighty dollars, the amount of pension to him at the rate of twenty dollars per month, commencing on the thirtieth of January, one thousand eight hundred and two, and ending on the * See act of April 16th, 1816, No. [58.I-ante. t See act of March 3d, 1817, No. E 64.]-ante. MILITARY AND NAVY PENSION LATVS. 125 thirteenth of October, one thousand eight hundred and twelve, in consequence of wounds received while serving as a captain of dragoons under General Wayne, in a battle with the Indians, on the twentieth of August, one thousand seven hundred and ninetyfour. Thomas Bailey, at the rate of eight dollars per month, to commence on. the ninth December, one thousand eight hundred and seventeen. Benjamin Pincin, at the rate of eight dollars per montih, to commrence on the seventeenth of March, one thousand eight hundred and eighteen. Caleb J. Whaley, at the rate of six dollars and fifty cents per month, to commence on the thirtieth of December, one thousand eight hundred and thirteen. William Earnest, whose father died of wounds received in battle during the late war, to be applied, under the direction of the Secre'ary for the Department of War, in the education of the said William, at the Connecticut asylum fir the education and instruction of the deaf and dumb persons, for a period not exceeding five years, at the rate of two hundred and fifty dollars per annum. John Low, at the rate of eight dollars per month, to commence on the twentieth day of January, one thousand eight hundred and seventeen. Jeremiah Burnham, at the rate of eight dollars per mnonth, to dommence on the twentieth day of January, one thousand eight hundred and seventeen. John Sargent, of Vermont, at the rate of four dollars per mouth, to commence on the sixth day of March, one thousand eight hundred and eighteen. Peter Francisco, of Virginia, at the rate of eight dollars a month, to comamence on the first day of January, one thousand eight hundred and nineteen. Sec. 2. And be itfuirther enacted, That the pensions of the following named persons, already placed on the pension list of the United States, be increased to the sums herein respectively annexed to their names; the said iincrease to commence at the time hereinafier mentioned, and be in lieu of pensions they at present receive; that is to say: Benjarnin Merrill, at the rate of eight dollars per month, to commence on the twenty~eighth of November, one thousanid eight hundred and seventeen. Timothy Mix, at the rate of eight dollars per month, to commence on the eighteenth of April, one thousand eight hundred and seventeen. William Lackin, at the rate of six dollars per month, to commence on the eighteenth of February, one thousand eight hundred and seventeen. Johmn,Wr-ight, 9at the rate of six dollars per month, to comimnence on the fourth of February, one thousand eight hundred and eighate3en 126 MrLITARY AND NAVY PENSION LAWS. Samuel Key Kendall, at the rate of twenty dollars per month, to commence on the tenth day of March, one thousand eight hundred and eighteen. James Campbell, at the rate of six dollars per month, to commence on the thirtieth of September, one thousand eight hundred and seventeen. Philip Krugh, at the rate of eight dollars per month, to commence on the -fifth of June, one thousand eight hundred and seventeen. George Pierson, at the rate of eight dollars per month, to commence on the tenth of September, one thousand eight hundred and sventeen. John Long, at the rate of eight dollars per month, to commence on the twenty-eighth of February, one thousand eight hundred and seventeen. Thomas i'Barney, at the rate of eight dollars per month, to commence on the twelfth of September, one thousand eight hundred and seventeen. William Simpson, at the rate of eight dollars per month, to commence on the fifth of September, one thousand eight hundred and seventeen. James C. Wingard, at the rate of eight dollars per month, to commence on the thirtieth of November, one thousand eight hundred and sixteen. William Arnold, at the rate of seven dollars and fifty cents per mnonth, to commence on the first day of April, one thousand eight hundred and eighteen. Joseph S. Van Driesen, at the rate of twenty dollars per month, to commence on the tenth day of January, one thousand eight hundred and eighteen. John Tilton, at the rate of thirteen dollars per month, to commence on the thirtieth day of January, one thousand eight hundred and eighteen. Joseph Westcott, at the rate of twenty dollars per month, to commence on the twentieth day of October, one thousand eight hundred and seventeen. Aaron Stafford, at the rate of ten dollars per month, to commence oin the twentieth day of February, one thousand eight hundred and eighteen. SE,. 3..And be it further enacted, That any pension granted by this act, or any act hereafter to be passed, to any officer, soldier, or marine who served in the revolutionary war, shall cease and be discontinued, in case the individual to whom the same may be granted hath availed himself, or shall hereafter avail himself, of the provisions of an act, passed the eighteenth day of MXarch, onle thousand eight hundred and eighteen, entitled " An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war.": See act of that date, No. [635.]-ante MILITARY AND NAVY PENSION LAWS. 127 Smc. 4. And be it further enacted, That all persons entitled to pensions, in conformity with the provision of the act, entitled "An act to provide for persons disabled by known wounds during the revolutionary war,'"* passed April eighteenth, eighteen hundred and six, and also, the fourth section of an act, entitled " An act concerning invalid pensioners,"t passed the twenty-fifth of April, one thousand eight hundred and eight, may be placed on the pension list by the Secretary of War, without reporting the same to Congress, [74.] [Laws of the U. S., vol. 6, page 481. CHAP. 561. An act making appropriations for the military service of the United Statesj for the year one thousand eight hundred and twenty.t APPROVED, MARCH 3, 1819. $Sxc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, respectively appropriated: For the annual allowance to the invalid pensioners of the United States, in addition to an unexpended balance of eightyfobur thousand nine hundred and eighty-two dollars twenty-nine cents, three hundred and forty-one thousand eight hundred and sixty-two dollars and seventy-one cents. For the annual allowance to the revolutionary pensioners, under the act of the eighteenth of March, one thousand eight hundred and eighteen, two millions seven hundred and sixty-six thousand four hundred and forty dollars. [75 ] [Laws of the U. S., vol. 6, page 490.]1 CHAP. 569. An act in addition to an act, entitled "An act to provide for certain persons engaged in the land and naval services of the United States in the revolutionary war," passed the eighteenth day of March, oie thousand eight hundred and eighteen. 1. No person to receive a pension after payment of that due on the 4th March, 1820, unless he exhibits a schedule of his whole estate and income, clothing and bedding ex* It was passed the 10th and not the 18th April: See No. [ 35.]-ante. T See act of that date, No. [ 45.]-ante. X Appropriations for the payment of pensioners, previous to this date, commencing with the acts of the 1st session of Congress in 1789, were made as items in the acts of general " appropriation for the support of government" for the current year, and continued to be so appropriated from year to year. At this date, th se appropriations were introduced into the acts " making appropriations for the military service of the United States" from year to year, until 1821, when they were made inll a separate bill, but enti 12 8 MTILITARtY AND NAVY PENSION LAWS. cepted: Oath- or affirmation to be taken and subscribed: Form of the oath: A certified copy of schedule and oath, and opinion of the court, to be delivered to the Secretary of War: In case of insanity or incapacity, the schedule may be received by the court without oath. 2. Original schedule to be filed in the office of the clerk of the court: Persons swearing falsely to suffer as for perjury. 3. The Secretary of War may strike from the pension list the names of persons who, in his opinion, are not in indigent circumstances: Persons who relinquished pensions to avail themselves of the act of 18th March, 1818, and stricken from the list under this section, may be restored to pensions relinquished. APPROVED, MAY 1, 1820. SEC. 1. Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That, no person Mwho now is, or hereafter may be, placed on the pension list of the United States, by virtue of the act, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war,"% passed on the eighteenth day of March, one thousand eight hundred and eighteen, shall, after the payment of that part of the pension which became due on the fourth day of March, one thousand eight hundred and txwenty, continue to receive the pension granted by the said act, until he shall have exhibited to some court of record, in the county, city, or borough, in which he resides, a schedule, subscribed by him, containing his whole estate and income, (his necessary clothing and bedding excepted,) and shall have (before the said court, or some one of the judges thereof) taken and subscribed, and produced to the said court, the following oath or affirmation, to wit: I, A. B. do solemnly swear, or affirm, (as the case may be,) that I was a resident citizen of the United States on the eighteenth day of March, one thousand eight hundred and eighteen, and that I have not, since that time, by gift, sa e, or in any manner whatever, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United in the revolutionary wvar," passed on the eighteenth day of March, one thousand eight hundred and eighteen; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income, other than what is contained in the schedule hereto annexed and by me subscribed: Nor until such person shall have delivered, or caused to be delivered, to the Secretary of War, a copy of the aforesaid schedule and oath or affilmation, certified by the clerk of the court to which the said schedule was delivered, tled "' a partial appropriation for the 7military service of the United States." The next year they resumed their connexion with the other appropriations "for the military service, which legislative ariangement was continued till 1826: and thereafter it became the settled policy, as those appropriations had become very large, to make them in separate bills, with items designating the different classes of pensions, as may be seen by the act of 29th January, 1827, (post,) and the subsequent acts making these appropriations. The great caution of Congress, however, in making specific appropriations for these ob; jects, has been most improvidently departed from, unawares, of course, in the case of the navy pension fund, which has led to great abuse in the drafts made upon it, unforseen by Congress-in relation to which some remarks will be found in the introduction. * See act of 18th March, 1818, No. [ 65. —-ante. MIrITARY AND NAVY PENSION LAWS. 129 together with the opinion of the said court, also certified by their Clerk, of the value of the property contained in the said schedule: Piovidedt, That, in every case in which tile pensioner may be insane, or incapable of taking an oath, the court may receive the said schedule, without the aforesaid oath or affirmation, from the committee, or other person authorized to take care of such person. SEC. 2. And be it further enacted, That the original schedule and oath or affirmation shall be filed in the clerk's office of the court to which the schedule and oath or affirmation aforesaid shall be exhibited; and any person who shall swear or affirm falsely in the premises, and be thereof convicted, shall suffer as for ilfi1ul and corrupt peijury. SEC. 3. And be it further enacted, That, on the receipt of the copy of the schedule and oath or affirmation aforesaid, it shall be the duty of the Secretary of the War Department to cause to be struck fiom the list of pensioners under the said act, the name of such person, in case the said persont shall not, in his opinion, be in such indigent circumstances as to be unable to support himself without the assistance of his country: Provided, That every person who shall have been placed on the pension list in consequence of disability from wounds received in the revolutionary war, and who shall have relinquished such pension in order to avail themselves of the benefit of the provisions of the act to which this is an amendment, who, by virtue of this section, may be stricken from the pension list, shall be forthwith restored to the pension so relinquished. [76.] [Laws of the U. S., vol. 6, page 525.] CHAP. 627. An act to revive and continue in force an act, entitled " An act to provide for persons who were disabled by known wounds received in the revolutionary war, and for other purposes." 1. The act of 10th April, 1806, revived and continued until 15th May, 1821: This act not to make void the 4th section of the act of 3d March, 1819. 2. The right to receive a pension to cemlnence at the time of completing the testimony. 3. Agents for paying pensions to give bond in not exceeding five thousand dollars. APPROVED, MAY 20, 1820. SEC. 1. Be it enacted by the Senate and sFouse of Representtatives of the United ltates of A merica in Congress assemrbled, That the act, entitled "An act to provide for persons who were disabled by known wounlrds received in the revolutionary war,"S' passed on the tenth of April, one thousand eight hundred and six, and limited, as in said act declared, to the term of six years, and afterwards revived and -continued in force by an act entitled "An [act] to revive and continue in force'An act to provide for i See act of that date, No. [ 35.1-ante. 16 130 MILITARY AND NAVY PENSION LAWS. persons who were disabled by known wounds received in the revolutionary war,' and for other purposes,"+ for and during the term of six years, as in the said act is declared, shall be, and the same is hereby, revived, and is continued in force for one year, and no longer, from the passing of this act: Provided, That this act shall not be construed to repeal or make void the fourth sec-, tion of an act entitled "An act concerning invalid pensions,"t passed the third of March, one thousand eight hundred and nineteen; but the said fourth section of the said last mentioned act shall be, and hereby is declared to be in full folrce and effect, any thing in the said act hereby revived and made perpetual to the contrary notwithstanding. SEC. 2. And be it further enacted, That the right any person now has, or may hereafter acquire, to receive a pension in virtue of any law of the United States, be considered to commence at the time of completing his testimony, pursuant to the act hereby revived and continued in force. SEC. 3. And be it further enacted, That the agents for the payment of invalid pensioners of the United States shall, in future, be required to give bond, with two or more sureties, to be approved by the Secretary fbr the Department of War, in a sum not exceeding five thousand dollars, fbr the faithful discharge of the duties confided to them respectively. [77.] [Laws of the U. S., vol. 7,t page 10.] CHAP. 6. An act to revive and continue in force an act entitled "An act to provide for persons who were disabled by known wounds received in the revolutionary war." 1. The act of 10th April, 1806, revived and continued until 4th February, 1828: Evidence taken in support of claims under the act of 15th May, 1820, to be received and acted upon by the Secretary of War: The 4th section of the act of 3d March, 1819,not to be construed as rpealed or void. 2. Pensios to commence at the time of completing testimony. 3. Pension agents to give bonds, with two or more sureties, in such penalty as the Secretary of War may dirvct. APPROVED, FEBRUARY 4, 1822. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Thatt the act entitled "An act to provide for persons who were disabled by known wounds received in the revolutionary war,"~ passed on the tenth day of April, one thousand eight hundred and six, and limited, as in said act declared, to the term of six years, and afterwards revived and continued in force for and during the term of six years, by an act entitled "An act to revive and con* See act of 25th April, 1812, No. [ 48.] t See act of that date, No. [ 73.] $ This volume is a continuation of the laws, from the 4th of March, 1821, to the 4th of March, 1827, inclusive, published by William A. Davis, of Washington. ~ See act of that date, No. [ 35.] MILITARY AND NAVY PENSION LAWS. 131 tinue in force'An act to provide for persons who were disabled by known wounds received in the revolutionary war,' and for other purposes,"* passed on the 25th day of April, in the year one thousand eight hundred and twelve, and afterwards revived and continued in force for the term of one year, by an act entitled "An act to revive and continue in force an act entitled'An act.'to provide for persons who were disabled by known wounds received in the revolutionary war,' "t passed on the fifteenth day of May, in the year one thousand eight hundred and twenty, shall be, and the said act is hereby, revived and continued in full force and effect, for and during the term of six years from and after the passing of this act, and from thence unto the end of the next session of Congress: Provided, That any evidence which has been taken to support any claim of any person disabled in the revolutionary war, under the authority of the act of the fifteenth of May, one thousand eight hundred and twenty, reviving and continuing in force for one year, " An act to provide for persons who were disabled by known wounds received in the revolutionary war," shall be received and acted upon by the Secretary of War, in the same manner as if said act was still in force and had not expired,: And provided, also, That this act, and any thing contained in the act hereby revived and continued in force, shall not be construed to repeal or make void the fourth section of an act entitled "An act concerning invalid pensions,"$ passed the third of March, one thousand eight hundred and nineteen; and the, said fourth section of the said last mentioned act shall be, and the same is hereby declared to be, and to continue to be, in full force and effect; any thing in the said act hereby revived and continued in force to the contrary notwithstanding. SEC. 2. And be it further enacted, That the right any person now has, or hereafter may acquire, to receive a pension in virtue of any law of the United States, shall be construed to commence at the time of completing his testimony pursuant to the act hereby revived and continued in force. SEc. 3. And be it further enacted, That the agents for the payment of pensions to invalid pensioners of the United States, shall, in future, be required to give bonds, with two or more sureties, to be approved by the Secretary of the Department of War, in such penalty as he shall direct, for the faithful discharge of the duties confided to them respectively. *' See act No. [ 48.] t See act No. [ 76.] I See act No. [ 73.] 132 MILITARY AND NAVY PEINSI N LAWSd [Laws of the U. S., vol. 7, page 637.] CHAP. 11. An act making appropriations for the military servic-e of the United Staett: for the year one thousand eight hundred and twenty-two, and towards the service of the year one thousand eight hundred and twenty-three, 1. Surns appropriated for the military service of the year 1822. 9. Pensions to invalidss commutation pensions1 and widows and orphans. 10. Revolutionary pensioners. APPROVED,. SA. CH 15, 1822. SEc. I Be it enacted bv the Senate and House of Representatives of the United States of America in Congress assembled, That the followings sumns be, and the same are herebye respectively apo priated for the military service of the United States for the year, one thousand eighlt hundred and twenty-two, to wit: ~' 9. For the pensions to the invalids, to the commutation pension ers, and to the widows and orphans, in addition to an unexpended balande of twenty-seven thousand eight hundred and ninety-one dollars and five cents, the sum of three hundred and seventeen thousand one hundred and eight dollars. 10. For pensions to the revolutionary pensioners of the United Staies, including a deficiency in the appropriation of last year of four hutidred and fifty-oie thousand eight hundred and thirtysix dol'lars and fifty-seven cents, and in addition to an unexpended bal;ance of one hundred and ninety-one thousand three hun. dred and forty-five dollars and thirty-six cen-ts, of the year one thousand eight hundred and twenty, the sum of one million six hundred and fortytwo thousand five hundred and ninet y-on1 dollars. ['Laws of t[he U. S., Pamphlet Edition of 182q.CHAP. 58. An act supplementary to the acts to provide for certain persons enlanged in the land and naval service of the United States in the revolutionary war. 1. Secretary o! War authorized to restore to the list such pensioners as have been or shall be sticken off' by the act of 1st May, 1820, upon certain conditions. 2. A jiudge may attend at the dwelling of such person as shall be unable to attend in cou't to make his schedule. 3. No pension to commen!.:e previous to the passing of this act, and other pensions only from the cofrnlp-t'icn of the proof. APPROVED, MARCH J, 1823, Sec. 1. Be it enacted by the Senate and THouzse qf Reaspresentaz tives of the Unirted Stales of Am7erica inz Congress assemblede,'Th. at the Secretary of War be, and he is hereby, audthorized and required to restore to the list of pensioners the name of any * See Parnphlet Edition of L,aws, for the year 1823 -tbis law not being included in Davis's Edition. M{ILITARY AIN'D NAVY PENSION LAWS. 133 person who may have been, or hereafter shall be stricken therefrom, in pursuance of the act of Congress, passed the first day of May, one thousand eight hundred and twenty, entitled ~' An act in addition to an act, entitled'An act to provide for certain persons engaged in. the land and naval service of the United States in the revolutionary war,'" passed the eighteenth day of MIarch, one thousand eight hundred and eighteen, if such person, so stricken from the list of' pensioners, has heretofore furnished, or hereafter shall firnish, evidence, in pursuance of the provisions of said act, to satisfy the Secretary of WTar that he is in such indigent circumstances as to'be unable to support himself without the assistan(;e of his country, and that he has not disposed of or transferred his property, or any portion thereof, with a view to obtain a pension. SEC. 2. And be it further enacted, That, when any person, coming within the provisions of the acts to which this is supplementary, shall, by reason of bodily infirmity, be unable to attend in court to make his schedule, and furnish the evidence by said acts required, it shall be lawful for any judge or justice of a court of record in the district, city, county, or borough, in which such person resides, to attend at his place of abode, and receive his schedule and oath or affirmation, and the said judge or justice shall certify that said applicant was, from bodily infirmity, unable to attend such court; which schedule and oath or affimation, and certificate, shall, by said judge or justice, be produced in the court of' hich he is judge; and the opinion of said court, of the value of the property contained in said schedule, shall be entered thereon, and certified by the clerk of' said court; and such schedule shall be valid for all the purposes contemnp lated by the acts aforesaid. Sc. 3. Anzd be it further enacted, That no pension hereafter to be allowed on claims, or schedules heretofore filed under the act or acts to which this act is a supplement, or under the provisions of this act, shall commence before the passage thereof'; and all other pensions hereafter to be allowed, under the acts aforesaid,,shall commence from the time of completing the proof. [80.] [Laew s of the U. S., vol. 7, page 132.] CHAP. 153. An act making appropriations for the military service of the United States, for the year one thousand eight hundred and twenty-three. 1. Appropriation for the military service for 1823. 9. Pensions to invalids. 10. RevoTationary pensioners. APPROVED, MARCH 3, 1823. SeC. 1. Be it enacted by the Senate and House of RepresentaZives f the United States of America in Congress assembled, That 34 MILITARY AND NAVY PENSION LAWS, the following sums be, and the same are hereby, respectively,. appropriated for the military service of the United States, for the year one thousand eight hundred and twenty-three, to wit: * * 9. For the pensions to the invalids, to the commutation pensioners, and to the widows and orphans, three hundred and thirtyfive thousand dollars. 10. For pensions to the revolutionary pensioners of the United States, one million five hundred and thirty-eight thousand eight hundred and fifteen dollars. [Laws of the U. S., vol. 7, page 219.] CHAP. 257. An act making appropriations for the military service of the United States, for the year one thousand eight hundred and twenty-four. 1. Appropriations for the military service for 1824. 14. Revolutionary pensioners. 15. Invalid pensioners. APPROVED, MARcN 3, 1824. SEC. 1. Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That the following sums be, and the same are hereby, respectively, appropriated for the military service of the United States, for the year one thousand eight hundred and twenty-four, to wit: * ~ * 14. For pensions to the revolutionary pensioners of the United States, one million two hundred and ninety-one thousand seven hundred and sixteen dollars and thirty-nine cents. 15. For the pensions to the invalids, to the commutation pensioners, and to the widows and orphans, three hundred and thirteen thousand one hundred and seventy-four dollars and fortys two cents. [82.] [Laws of the U. So, vol. 7, page 241.] CHAP. 284. An act for the relief of Noah Smith, of Maine. 1. Noah Smith, of Maine, to be placed on the pension list, and to receive eight dollars per month: To be paid to his wife during his life: Should his wife die previous to his death, to be paid to the legal representative. APPROVED, MAY 5, 1824. SEC. 1. 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 he is hereby, directed to place. MILITARY AND NAVY PENSION LAWS. 135 Noah Smith, an insane person, one of the revolutionary soldiers, on the pension list of the United States, at the rate of eight dollars per month, to commence on the fourth day of March, in the year one thousand eight hundred and twenty-three, which shall be paid as other pensions, by the agent for that purpose, in the State of Maine: Provided, ThCt th,- sFaid pension shall be paid to the Tife of the said Noah 12mith durirn' hei life, and that the said agent shall require evidence, at each ipay-ent, that the said Noah Smith is alive, and that the person applying for the pension is duly authorized by the wife of said Noah- m-itL to receive it, under such forms and regulations as the Secretary of War may direct; and should the wife of the said Noah Smith die previous to the death of said Noah Smith, upon proof of that fact, to the satisfaction of the Secretary of War, he is hereby directed to authorize the payment of said pension to be contlinued and paid to the legal representative of the said Noah Smith, and for his use, under such regulations as he may think proper. [83.1 [Laws of the U. S., vol. 7, page 256.] CHAP. 329. An act concerning invalid pensioners. 1. The persons named to be placed on the pension list: Andrew Gorril to receive eight dollars per month: James Wilson, four dollars per m)rnth: Parker, Rock, and Thomas, each four dollars per month. APPROVED, MAY 19, 1824. SEc. 1. Be it enacted by the Senate and House qf Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, directed to place the following named persons on the pension list of invalid pensioners of the United States, who shall be entitled to, and receive, pensions according to the rates, and commencing at the times, hereinafter mentioned; that is to say: Andrew Gorril, at the rate of eight dollars per month, to conmmence on the third day of December, one thousand eight hundred and twenty-one. James Wilson, at the rate of four dollars per month, to commence on the first day of January, one thousand eight hundred and twenty-three. William Parker, Rock, and Thomas, three Seneca Indians, residing at Buffalo, in the State of New York, at the rate of four dollars per month, each, to commence the first day of February, one thousand eight hundred and twenty-three. 136:MILITARY AND NAVY PENSION:;LAWS' [84.] [Laws of the U. S., vol. 7, page 268.] CHAP. 364. An act for the relief of Dean Weymouth and Zachariah Bunker. 1. The pension of Dean Weymouth increased to fifteen dollars per month. 2. Th' pension of Zachariah Bunker likewise increased to fifteen dollars per month. APPROVED, MAY 21, 1824. SEC. 1. Be it enacted by the Senate and House of? Representatives of the United States (of America in Congress a-ssembledc ThFat in consideration of the numerous and severe wounds which he received in the battle of Bridgewater, the pension of Dean Weymouth, already placed on the pension list of the United States,,shall be increased to the sum of fifteen dollars per month, to commence on the fourth day of March, one thousand eight hundred and twenty-four. SEc. 2. And be it farther enacted, That the pension of Zachariah Bunker, heretofore placed on the pension list, be increased to the sum of fifteen dollars per month, to commence on the fourth of March lasto [85.]1 [Laws of the U. S., vol. 7, page 337.] CHAP. 452. An act making appropriations for the military service of the United States, for the year one thousand eight hundred and twenty-five. 1. Appropriations for the military service for 1825. 16. Revolutionary pensions. 17. Half pay pensions to widows. APPROVED, FEBRUARY 11, 1825. SEC. 1. Be it enactedl by the Senate and House of Representatives of the LUbited States of America in Congress assemnbled, That the following sums be, and the same are hereby, respectively, apt proprliated for the mnilitary service of the United States, ifor the year one thousand eight hundred and twenty-five, to wit: ~ - 16. For the pensions to the revolutionary pensioners of the United States, one million two hundred and forty-eight thousand four hundred and fifty-two dollars and'twenty-six cents. 17. For the half pay pensions to widows and orphans, twenty thousand dollars. [ 86.] [Laws of the U. S., vol. 7, page 359.] CHAP. 480. An act granting pensions to James Barker and Zebulon Pike. 1. James Barker to be placed on the pension list at the rate of eight dollars per month. 2. Col. Z. Pike to be placed on the same list at twenty dollars per month. APPROVED, MARCH 3, 1825. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That giILITARY AND NAVY PENSION LA&WS. 137 the Secretary of War be, and he is hereby, directed to place James Barker on the list of revolutionary pensioners of the United States, at the, rate of eight dollars per month, commencing on the fourth day of December, one thousand( eight hundred and twentyfour; and that said Barker shall be entitled to receive said pension in the manner provided by law. SEC. 2. And be it further enacted, That the Secretary of War be, and he is her-eby, directed to place Colonel Zebul.onl Pike upon the pension list of revolutionay pensioners of the UTnited Strates, and cause to be paid to him at the rate of twenty dollars per month, commencingg on the day the said Zebulon Pike was stricken from the pension roll, up to the sixth of Novaember, eighteen flhundred and twenty-four, from which time his pension shall co - tinue. [87.] [Laws of the U. S., vol. 7, page 432.] CHAP. 563. An act making appropriations for the payment of the revolutionary and other pensioners of the United States. 1. Appropriations for the military service of the year 1826: Pensions to revolutionary pensioners of the United States, $1,352,790: Invalid and half pay pensioners, $ 67,500: Pensions to widows and orphans, $12,000. 2. To be paid fiom the treasury. APPROVED, JANUARY 18, 1826.* SECo 1. Be it enacted by the Senate anzd Iouse of Representativ.s of the United States of America in Congress assenmbledl, That the folloxwing sums be, and they are hereby respectively, appropriated towards the military service of the year one thousand eight hundred and twenty-six, and for the objects following, that is to say: For the pensions to the revolutionary pensioners of the United States, one million three hundred and fifty-two thousand seven hundred and ninety dollars. For the invalid and half pay pensioners, in addition to an unexpended balance of one hundred and fi:fty thousand dollars, sixty-seven thousand five hundred dollars. For pensions to the widows and orphans, twelve thousand doll ars. SEc. 2. And be it further enacted, That the said sums, respectively, shall be paid out of any money in the Treasury not otherwise appropriated. * See note, ante, p. p. 127, 128. 138 MILITARY AND NAVY PENSION LAWS. [ 8s.] [Laws of' the U. S., vol. 7, page 473.] CHAP. 613. An act for the relief of James Gibson, of Vincennes, Indiana, and James Kay, of Kentucky. 1. James Gibson to be placed on the list of invalid pensioners, at the rate of eight dollars per month, commencing September 4, 1825. 2. James Kay to be placed on the list of invalid pensioners, at the same rate as above, and commencing at the same time. APPROVED, MAY 16, 1806. SEC. 1. Be it enacted by the Senate and loutse of Rqpresentatires of the Ujsited States of America in Congress assembled, That the Secretary of War be, and he is hereby, directed to place James Gibson on the list of invalid pensioners, who served in Captain Begg's company of light dragoons, in the battle with the Indians at Tippecanoe, at the rate of eight dollars per month, commencing on the fourth of September, one thousand eight hundred and twenty-five. SEC. 2. And be it further enacted, That the Secretary of War be, and he is hereby, directed to place James Kay, of Kentucky, upon the list of invalid pensioners, who was wounded in the battle of Brandywine, during the revolutionary war, at the rate of eight dollars per month, to commence upon the fourth day of September, one thousand eight hundred and twenty-five. s89.] [Laws of the U. S., vol. 7, page 504.] CHAP. 672. An act to provide for paying certain pensioners at Pittsburg, in the State of Pennsylvania. 1. Secretary of War empowered to establish a pension agency in Pittsburg, Pennsylvania, for the payment of pensioners, residents in the counties of Monroe, Morgan, &c. 2. Secretary of the Treasury to make the necessary arrangements with the Bank of the U. States for paying them. ArPPROVED, MAY 20, 1826. SEC. 1. 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 he is hereby, authorized and empowered to establish a pension agency at Pittsburg, in the State of Pennsylvania, for the payment of pensioners of the United States, resident in the counties of Monroe, Morgan, Perry, Guernsey, Belmont, Jefferson, Harrison, Tuscarawas, Holmes, Wayne, Stark, Columbiana, Trumbull, Ashtabula, Geauga, Portage, Cuyahoga, Lorain, Medina, Huron, Sandusky, Seneca, and Richland, in the State of Ohio, and the counties of Alleghany, Armstrong, Butler, Beaver, Washington, Westmoreland, Indiana, and Jefferson, in the State of Pennsylvania. SEC. 2. And be it farther enacted, That the Secretary of the Treasury is authorized to make the necessary arrangements with MILITARY AND NAVY PENSION LAWS. 139 the Bank of the United States for paying the before mentioned pensioners, at the office of discount and deposite of said bank, at Pittsburg, as in other cases. [ 90.1 [Laws of the U S., vol. 7, page 518.] CHAP. 704. An act for the relief of Alfred Flournoy. 1. Alfred Flournoy, who is placed on the pension list, to enter within eighteen months after the passage of this act, two sections of land in the States of Mississippi and Alabama, in full discharge of his pension: Not to enter less than a quarter section, unless where it be a fraction, &c. 2. On making any entry,his pension certificate is to be returned to the Secretary of War: Pension to cease next quarter after such surrender. APPROVED, MAY 22, 1826. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Alfred Flournoy, of the State of Tennessee, lately a lieutenant in the army of the United States, and who, in consequence of the loss of a leg from a Spanish battery at Pensacola, has been placed on the pension list at fourteen dollars a month, be, and he is hereby, authorized and empowered, within eighteen months from the passing of this act, to enter in any office in the States of Mississippi or Alabama, two sections of land, in commutation of, and in full discharge of his pension: Provided, That no entry shall be made, but of land which may have been previously offered at public sale: And provided, He shall not enter a less quantity then a quarter section, unless where it may be a fraction; nor any lands which may have been heretofore relinquished, until after they may be again offered at public sale. SEC. 2. And be it.further enacted, That, on making any entry, in pursuance of the provisions of this act, with any register, the said Alfred Flournoy shall deposite his pension certificate, to be returned by said register to the Secretary of War; and thereupon his said pension shall cease and determine on the next quarter day after such surrender. [91.] [Laws of the U. S., vol. 7, page 5f33.] CHAP. 725. An act making appropriations for the payment of the revolutionary and other pensioners of the United States. 1. Sums respectively appropriated towards the payment of revolutionary pensioners: Pensions to revolutionary pensioners, $1,260,185: Invalid and half pay pensioners, $301,055: Widows and orphans, $12,000. 2. Sums appropriated to be paid from the Treasury. AtPROVED, JANUARY 29, 1827. SEC. 1. Be it enacted by the Senate and hIouse of IRepresentatives of the United States of America in Congress assembled, That A40 2,ILITARY AND NAVY PENSION LASWS. the following sums be, and they are hereby, respectively appropriated tow ards the military service of the year one tho-usaind eight hundred and twenfy-seven, and for the objects following; that is to say: For the pensions to the revolutionary pensioners of" the United States, one million two hundred and sixty thousand one huandred and eighty-five dollars. For the invalid and half pay pensioners, three hundred &frd one thousand and fifty-five dollars. For pensions to the widows and orphans, twelve thousand: dollars. SEc. 2. And be it ft/rther enacted, That the said sutms, respectively, shall be paid out of any money in the Treasury not otherwise appropriatedl. 92.] [ 9s.] [Laws of the U. S., vol. 7, page 594.] CHAP. 794. An act concerning invalid pensionels. 1. The Secretary of War directed to place the persons named on the pension list at the rates mentioned. 2. The Secretary of Wal directed to pay to the executors of James Campbell, and the widow of Wm. Nithercut, the amount of pension due them, at the time of their decease: George Siddle, eight dollarsper month: Alexander McN utt, eight dollars per month. 3. Thomas Pendexter, of Maine, to be placed ona the same list, at eight collars per month. APPROVED, MARCH 3, 1827. SEC. 1. Be it enacted by the Senate and H-ouse qf Representatives of the United States of America in Cong'ress assembled, That the Secretary of War be, and he is hereby, directed to place the following named persons on the pension list of invalid pensioners of the United States, who shall be entitled to and receive pensions according to the rates, and commencing at the times hlereinafter mentioned, to wit: Ebenezer IT,rd, at the rate of four dollars per month, to commence on the lu...teenth day of December, one thousand eight hundred and twenty five. isaac Carpenter, at the rate of four dollars per month, to commence on the fifteenth day of December, one thousand eight hundred and twenty-five. Simon Crygier, at the rate of eight dollars per month, to commence on the fifteenth day of December, one thousand eight hundred and twenty-five. Alexander Watts,.at the rate of eight dollars per month, to commence on the twentyfirst day of December, one thousand eight hundred and twenty-five. /Robert Dinsmore at the rate of four dollars per month, to comn:tince on td:e sixteenth day of January, one thousand eight hundred and twenty-six. 3fILITARt AND NAVY PElNSION LAWSd JoshuaWheeler, at the rate of six dollars per month, to comn mencee on the twenty-seventh day of January, one thousand eight hundred and twenty-four. Mark Ro Roberts, at the rate of five dollars per rnonth, to commence on the twenty-sixth day of January, one thousand eight hundred and twenty-six. Levi Hathaway, at the rate of six dollars per month, to comroence on the fourteenth day of December, one thousand eight hundred and twenty-five. Adamrn Cooper, at the rate of eight dollars per month, to comrmence on the twentieth day of December, one thousand eight hundred and twenty-five. John Y. Iall, at the rate of five dollars per rnonth, to commence on the first day of January, one thousand eight hun dred and twenty-six. Eleazer Scott, at the rate of six dollars per month, to commence on the ninth day of January, one thousand eight hundred and twenty-six. James De Witt, at the rate of eight dollars per month, to commence on the thirty-first day of Ml\arch, one thousand eight hundred and twventy-six. Thomas Jones, at the rate of five dollars per lmonth, to comrmence on the twen1y-seventh day of March, one thousand eight hundred and twenty-six. Patrick Mulligan, at the rate of five dollars per month, to commence on the twenty-seventh day of March, one thousand eight hundred and twenty-six. Lina T. Helm, at the rate of ten dollars per month, to commence on the thirtieth day of January, one thousand eight; h1undred and twenty-six.'Edmund W. Wood, at the rate of eight dollars per month, to commence on the third day of May, one thousand eight hundred and twenty-six. Vassal White, at the rate of eight dollars per month, to com-.mence on the first day of January, one thousand eight; hu.ndred and twenty-six, to be paid in the same manner as the invalid pensioners who have been placed on the invalid peirsion roll. are now paid. SEc. 2. And be it further enacted, That the Secrertary of War be authorized and directed to pay to the executors of' James Campbell, deceased, an invalid pensioner, the amount of penr-sion due the said James Campbell, at the time of his deepase, and also to the widow of William Nithercut, deceased, a pensioner, the amount of pension due the said WVillial Nlithercut, at the time of his decease. George Siddle, at the rate of eight dollars per moanth,1 to commence on the third day of Ivlarch, one thousa~nd eight hu-ndred'and twenty-seven, 142 MILITARY AND NAVY PENSION LAWS. Alexander McNutt, at the rate of eight dollars per month, to commence on the third day of March, one thousand eight hundred and twenty-seven. SEC. 3. And be itfurther enacted, That the Secretary of War be, and he is hereby, directed to place Thomas Pendexter, of Maine, on the list of invalid pensioners, who served in Captain Dunn's company of infantry in the late war with Great Britain, at the rate of eight dollars per month, commencing on the third day of March, one thousand eight hundred and twenty-seven. [93.] [Laws of the U. S., Pamphlet Edition for 1828.] CHAP. 4. An act making appropriations for the payment of revolutionary and other pensioners of the United States. 1. Sums appropriated for the year 1828: Pensions to revolutionary pensioners: Invalid and half pay pensioners. APPROVED, FEBRUARY 12, 1828. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, respectively, appropriated towards the military service of the year one thousand eight hundred and twenty-eight, and for the objects following, that is to say: For the pensions of the revolutionary pensioners of the United States, in addition to an unexpended balance of former appropriations of five hundred and sixty-four thousand dollars, two hundred and thirty-six thousand dollars. For the invalid and half pay pensioners, in addition to a balance of one hundred and forty-one thousand dollars of former appropriations, one hundred and sixty thousand and ninety-five dollars. L94.] [Laws of the U. S., Pamphlet Edition for 1828.] CHAP. 34. An act for the relief of John Shirkey. 1. Secretary of War to place John Shirkey on the pension list of military pensioners, at the rate of $5 33~ cts. per month, to commence the 19th February, 1827. APPROVED, APRIL 17, 1828. SEC. 1. Be it enacted by the Senate and House of Representatives of the UTnited States of America in Congress assembled, That the Secretary of War be, and he is hereby, directed to place John Shirkey on the pension list of military pensioners of the United States, who shall be entitled to, and shall receive, a pen MILITARY AND NAVY PENSION LAWS. 143 sion, at the rate of five dollars and thirty-three and one-third cents per month, to commence on the nineteenth day of February, one thousand eight hundred and twenty-seven. [Laws of the U. S., Pamphlet Edition for 1828.] CHAP. 37. An act for the relief of Richard Taylor. 1. Secretary of the Treasury to pay to Richard Taylor, of Kentucky, $2,551 58 cents for pension. APPROVED, APRIL 28, 1828. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby directed to pay to Richard Taylor, of Kentucky, out of any money in the Treasury not otherwise appropriated, the sum of' two thousand five hundred and fifty-one dollars and fifty-eight cents, for pension, being the difference between two dollars and a half per month, from the sixth of November, one thousand seven hundred and ninety-two, to the last day of December, one thousand eight hundred and four, and twenty dollars per month for the same time. [96.] [Laws of the U. S., Pamphlet Edition for 1828.] CHAP. 53. An act for the relief of certain surviving officers and soldiers of the army of the revolution. 1. Each of the surviving officers of the revolutionary army in the continental line who was entitled to half pay by resolve of October 21st, 1780, to receive pay according to his rank in the line. 2. When any of said ofHicers has received money of the United States sin-,e 3d March, 1826, sum received to be deducted. APPROVED, MAY 15, 1828. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each of the surviving officers of the army of the revolution, in the continental line, who was entitled to half pay by the resolve of October twenty-first, seventeen hundred and eighty, be authorized to receive, out of any money in the Treasury not otherwise appropriated, the amount of his full pay in said line, according to his rank in the line, to begin on the third of Marchl one thousand eight hundred and twenty-six, and to continue during his natural life: Prvvided, That under this act, no officer shall be entitled to receive a larger sum than the full pay of a captain in said line. SEC. 2. And be it further enacted, That whenever any of said officers has received money of the United States, as a pensioner, 144 MILITAIRY AND NAVY PENSION LAWSi since the third day of March, one thousand eight hundred and twenty-six, aforesaid, the sum so received shall be deducted from what said officer would otherwise be entitled to under the first section of this act and every pension to which said o ffcer is now entitled;shall cease after the passage of this act. [97.] [Laws of the U. S., Pafaphlet Edition for 1 $s8.] CHAP. 101. An act to revive and continue in force an act, entitled 1"An act to provide for persons who were disabled by known wounds received in the Revolutionary war." 1. Act of 10th April, 1806, continued in force for the term of six years: Evidence in support of any claimn under act of 15th May, 1820, to be acted upon by Lhe Secretary of War: Any thing contained in this act not to be construed to repeal or make void the 4th section of an act concerning invalid pensions of 3d March, 1819. 2. Right of any person to receive a pension, in virtue of any law of the United States, shall be construed, &c~ 3. Agents for the payment of pensions to invalid pensioners required to give bonds. APPROYED, MAY 24, 1828. SEC. 1. Be it enacted by the Senate and House of Rel7resentati ves of the United -7States of Anzerica in Cong'ress assembleri, That the act entitled "An act to provide for persons who were disabled by linown wArounds received in the revolutionary war,"5 passed on the tenth day of April, one thousand eight hundred and six, and limited, as in said act declarmed, to the term of six years, and afterwards revived and continuted in force for and during the term of six years, by an act en;iU led "An act to revive and continue in force' An act to provide for persons who were disabled by knoiwn wounds received in the revolutionary war, and for other purposes,' "' passed on the ft venty-fifth of April, in the year one thousand eight hundred a!ltd twelve, and afterwards revived and continned in force for thle terml of one year, by an act entitled "An act to revive and coltinue iin force an act ent-itled'An act to provide-, fbr persons wvho) wxerie disabled by known wounds received in the revolutionary v,::,;'" passed onl the fifteenth day of iay., in the year one thous;n d eight hulndred and twenty, and fi::, her revived and continuedI i fborce for the term of six years, by an act entitled " An act to revive and continue in force a.n act entitled Aixn act to provide flr persons who were disabled by kinown wounds received in th.' revolutionary wa8r, "9 passed on t!te fJou-rth day of February, in the year one thousand eight hundred -and twxenty -two, shall be, -,,tdi bhe said act; is hereby revived and continned in full force and etffc.t fori, and during the term of six years from atnd aflfer the passimic o" this act, and firom thence unto the end of the next session of Congiress: Provided That any evidence hvbich has been taken to support any claim of any person dlisabled in the revolutionary war, under the authority of tihe act of the * See act, No. [35.] t See act, No. [48.] t See act, No. [76.] ~ See act, No. [77.] MILITARY AND NAVY PENSION LAWS. 145 fifteenth of May, one thousand eight hundred and twenty, reviving and continuing in force for one year "An act to provide for persons who were disabled by known wounds received in the revolutionary war,"d shall be received and acted upon by the Secretary of War, in the same manner as if said act was still in force, and had not expired: And provided, also, That this act, and any thing contained in the act hereby revived and continued in force, shall not be construed to repeal or make void the fburth section of an act, entitled " An act concerning invalid pensions,"t passed the third of March, one thousand eight hundred and nineteen; and the said fourth section of the said last mentioned act shall be, and the same is hereby declared to be, and to continue to be in full force and effect; any thing in said act hereby revived and continued in force to the contrary notwithstanding. SEC. 2. And be it further enacted, That the right any person has, or hereafter may acquire, to receive a pension in virtue of any law of the United States, shall be construed to commence at the time of completing his testimony, pursuant to the act hereby revived and continued in force. SEC. 3. And be it further enacted, That the agents for the payment of pensions to invalid pensioners of the United States, shall in future be required to give bonds, with two or more sureties, to be approved by the Secretary of the Department of War, in such penalty as he shall direct, for the faithful discharge of the duties confided to them respectively. [98.] [Laws of the U. S., Pamphlet Edition for 1828.1 CHAP. 108. An act making appropriations for the payment of the revolutionary and other pensioners of the United States, for the first qurrter of the year one thousand eight hundred and twenty-nine. 1. Sums respectively appropriated: For pensions to revolutionary pensioners: For half pay pensions to widows: For invalid and half pay pensioners. 2. Sums appropriated to be paid from the treasury. APPROVED, MAY 24, 1828. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, respectively appropriated for the objects following, to wit: For the pensions to the revolutionary pensioners of the United States, two hundred thousand dollars. For half pay pensions to widows and orphans, three thousand dollars. For the invalid and half pay pensioners, seventy.five thousand dollars. * See act of that date, No. [ 76.1 —ante. t See act of that date, No. [ 73.]-aute. 17 146 MILITARY AND NAVY PENSION LAWS, SEC. 2. And be itfurthier enacted, That the sums herein approi priated shall be paid out of any money in the treasury not otherwise appropriated; but that no part ot the same shall be drawn from the treasury before the first of Januaary, one thousand eight hundred and twenty-nine. [99.] [Laws of the U. S., Pamphlet Edition for 1829.} CHAP. 28. An act making provision for the paymerna of pensions to the widow or children of pensioners, in certain cases, and for other purposes. 1. Entitles representatives of deceased invalid pensioner to arrears of pension. 2. Arrears due to deceased revolutionary pensioner, to be paid to his widow. 3. Testimony regarding wounds received in revolutionary war. APPROVED, MARCH 2, 1829. SEc. 1. Be it enacted by the Senate and IIottse of Representatives of the United States of Americac in Congress assembled, That in case of the death of any invalid pensioner, before the certificate of the continuance of his disability, required by the act entitled "An act regulating the payments to invalid pensioners,"' passed March third, one thousand eight hundred and nineteen,* was obtained, it shall be lawful for the Secretary of War, and he is hereby directed, to pay to the legal representatives of such deceased invalid, the arrears of pension due at the time of his death, at the rate at which it was fixed at his last examination: Provided, Such last examination was within two years from the time of his death. SEC. 2. And be it further enacted, That whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments, under this act, shall be made to the widow of the deceased pensioner, or to her attorney; or if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and if no child or children, then to the legal representatives of the deceased. SeC. 3. And be it further enacted, That in all cases of applications for pensions, for wounds received in the revolutionary war, the testimony to establish the facts may be authenticated in the same manner with those who apply for pensions for wounds received in the late war wvith Great Britain. * See act of that date, No. [ 70. —ante. MILITARY AND NAVY PENSION LAWS. 147 [100.] [Laws of the U. S., Pamphlet Edition for 1820.1 CHAP. 10. An act making appropriations for the payment of revolutionary and invalid pensioners. 1. Appropriations for revolutionary and invalid pensioners: Arrearages: Revolutionary pensioners: Invalid pensioners. APPROVED, FEBRUARY 3, 1830. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and same are hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, for paying the revolutionary and invalid pensioners, viz: For arrearages due to revolutionary pensioners, for the year one thousand eight hundred and twenty-nine, one hundred and one thousand seven hundred dollars. For paying the revolutionary pensioners, for the year one thousand eight hundred and thirty, nine hundred and sixty-six thousand four hundred and eighty dollars. For paying the invalid pensioners, for the year one thousand eight hundred and thirty, one hundred and ninety-one thousand four hundred and eighty-one dollars, in addition to a balance in the treasury of one hundred and seven thousand eight hundred and forty-nine dollars and ninety-six cents. C 101.] [Laws of the U. S., Pamphlet Editionfor 1830.] CHAP. 51. An act for the relief of Richard Taylor, of Kentucky. 1. Richard Taylor exempted from operation of act of January 25, 1828. APrROVED, MARCH 31, 1830. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congr'ess assembled, That nothing in the provisions of the act, entitled "An act to prevent defalcations on the part of disbursing agents of the government, and for other purposes," approved the twenty-fifth of January, one thousand eight hundred and twenty-eight, shall be so construed as to prevent the payment of the pension now due, or which may hereafter become due, and payable to Richard Taylor of Kentucky, an invalid pensioner; but the same shall be paid to him as though the said act had never passed. 148 3MILITARY AND NAVY PENSION LAWS. [102.] [Laws of the U. S., Pamphlet Editionfor 1830.] CHAP. 54. An act to increase the pension of Charles Larrabee. 1. Twenty-five dollars per month to be paid to Charles Larrabee. APPROVED, APRIL 2, 1830. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Charles Larrabee, an invalid pensioner, be, and he is hereby, entitled to receive twenty-five dollars per month, in lieu of the pension to which he is now entitled. [103.] [Laws of the U. S., vol. 8, page 280.1 CHAP. 281. An act for the relief of Captain Daniel McDuff. 1. Daniel McDuff allowed full pay as captain in revolutionary army. 2. Land warrant granted him. APPROVED, APRIL 2, 1830. SEC. 1. Be it enacted by the Senate and touse of Representatives of the United States of Amderica in Congress assembled, That the provisions of the act entitled "An act for the relief of certain surviving officers and soldiers of the army of the revolution," approved on the 15th May, one thousand eight hundred and twentyeight, be, and the same are hereby, extended to the said Daniel McDuff, as a captain in the continental line, in the same manner, and to the like effect, as if he had been placed on the pension list, as captain under said act. SEc. 2. And be it further enacted, That the said Daniel McDuff shall be entitled to demand and receive a warrant for the like quantity of land, for which warrants have been issued to other captains of the continental line, in the war of the revolution. [ 104.] [Laws of the U. S., Pamphlet Editionfor 1830.] CHAP. 97. An act for the relief of sundry revolutionary and other officers and soldiers, and for other purposes. 1. Secretary of War to place certain names on revolutionary pension list at $20 a month from January 1, 1828. 2. Certain names to be placed on invalid pension list: Amounts of pension: To commence January 1, 1828. 3. Certain names to be placed on revolutionary pension list at $8 a month, to commence January 1, 1828. 4. Certain allowances substituted to present pensi ns. 5. Certain names to be put on invalid pension list, at $8 a month. 6. Certain names to be put on invalid pension list: Amounts of pension: To commence January 1, 1828. 7. Pension of Wm. Little to be paid to his administratrix. 8. Rachel Turner to be put on half pay list, at $4 a month for five years. 9. Andrew Herrick to be put on revolutionary pension list at $8 a month. 10. T. 3MILITARY AND NAVY PENSION LAWS. 149 Scott to be put on invalid pension list at $8 a month. 11. $4 a month for five years, from January 1, 1828, to be paid to minor children oe C. Hurlbut. 12. J. Royal to be put on pension list at $8 a month from January 1, 1829. 13. Appropriation. 14. Arrears to be paid to widows. APPROVED, MAY 20, 1830. SEC. 1. 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 he is hereby, authorized and required to place the names of John L. Polleresky, a major, Samuel Snow, and David Meade Randolph, captains, Sylvanus Wood, Samuel Gerock, William Holgate, and Nathaniel Elliot, lieutenants, and George Wunder, an ensign, in the revolutionary war, on the list of revolutionary pensioners, and to pay them each at the rate of twenty dollars a month, commencing on the first day of January, one thousand eight hundred and twenty-eight. SEC. 2. And be it further enacted, That the Secretary of War be, and he is hereby, authorized and required to place the names of' Samuel Hoadly, late a major, Robert Kane, an adjutant in a corps of volunteers, Zachariah S. Conger, John Downer. Stephen Shea, and Michal Fishel, lieutenants, and Henry Starring, Jr., an ensign in the late war, on the list of invalid pensioners; and to pay them as follows, to wit: to Samuel Hoadly, twelve dollars a month, to Robert Kane, eight dollars a month, to Zachariah S. Conger, fourteen dollars a month, to John Downer, fifteen dollars a month, to Stephen Shea, twenty dollars a month, to Michael Fishel, seventeen dollars a month, and to Henry Starring, Jr., ten dollars a month, commencing on the first day of January, one thousand eight hundred and twenty-eight. SEC. 3. And be it farther enacted, That the Secretary of War be, and he is hereby, required to place the names of the following persons upon the list of revolutionary pensioners, viz: Samuel French, William Lawrence, Asa Wilkins, Stephen Fuller, Stephen Wilcox, Elijah Johnston, Samuel Sykes, Josiah Morse, Abiel Brown, John Lemmon, Andrew Bacon, Joseph Raynsford, Benjamin Mott, Joseph Boss, Levi Hutchins, John Perry, second, James Johnson, James Robinson, Chamberlain Hudson, Philemon Tiffany, Lemuel Pardee, Joseph Wilson, Isaac Smally, William Cole, Hartman Lower, John Reizer, Daniel Hinds, Joseph B. Jennison, HIenry Romer, David Carswell, Joseph Barlow, Hamblin Cole, John Powell, Christopher Cary, William Scott, of Connecticut, Joseph Chaplin, John Putney, John Stout, Philip Nagle, Frederick Stull, James Porter, Absalom Baker, Richard Nagle, Robert Ditcher, Ezekiel Knowles, Caleb Wiseman, Thomas Putney, Anselm Bailey, William Scott, of Smithfield, Bradford county, Pennsylvania, Micajah Mayfield, Tristam Dagget, Edward Currin, George Geller, Samuel Fox, Joseph Nielson, Eli Sugart, Timothy Benedict, Asa Quiry, Seth Higley, William Higginbotham, Lemuel Withington, William Harris, Amos Ingraham, Benjamin Jones, Thomas Salsbury, John Israel, Elias Porter, Frederick Sheckler, Reuben Ricker, Anthony Sluthour, Reuben Carter, Joseph Smith, 150 MILITARY AND NAVY PENSION LAWS. John Hudson, Nathaniel Fuller, Henry Doll, Amos Andrews, Valentine Stickell, Joel Riggings, William Vickroy, Joseph Randall, John McMurtry, James Long, William Rockwell, Stephen Bennet, Josiah Mott, Simon Fobes, Thomas Bloomfield, Obed Cushman, Nathan Lockwood, Dennis Jones, Robert Milton, James Needs, Christopher WVard, Eliakim Clap, William Pew, revolutionary soldiers, John MeClain, a sailor, and Christopher Sype, a musician, and restore to the same list the names of Archibald Jackson, 1Roger Merrill, David Colson, Samuel Payson, Zadock Morris, Jacob Cremer, James Davidson, George Lucas, Jacob Red, dington, Ebenezer Beeman, Charles Sterns, Zacheus Rich, Francis Newton, Joshua Spears, Zephaniah Ross, Leonard Corl, and Moses Weld, and to pay them each at the rate of eight dollars a, month, commencing on the first day of January, eighteen hundred and twenty-eight. SEc. 4. And be it further enacted, That the Secretary of War be, and he is hereby, authorized and required to pay, instead of their present pensions, to Humphrey Beckit, Levi tlathaway, and Jacob Zimmerman, revolutionary soldiers, the sum of eight dollars a month to the two former, four dollars to the latter, and eight dollars a month each to Minney Ryneason and George Doogan, soldiers of the late war, to commence respectively on the first day of January, eighteen hundred and twenty-eight. SEC. 5. And be it further enacted, That the Secretary of War be, and he is hereby, authorized and required to place the names of James McFarland, Henry Houser, James Ferrell, Esau Ritchey, George WV. Morrison, Robert Gumbleton, Robert Curry, William Ferguson, Levi M. Roberts, William M. Fowler, Ebenezer Lord, Joseph Booth, John Carlton, second, soldiers'of the late war, Tandehetse, a Seneca warrior of the late war, Thomas Flemming, Cornelius Huson, Stephen Twist, William Turney, James Riley, and Adrian Peters, on the list of invalid pensioners, and to pay them at the rate of eight dollars per month each, commencing respectively on the first day of January, eighteen hundred and twenty-eight. SEC. 6. And be it further enacted, That the Secretary of War be, and he is hereby, authorized and required to place the names of the following persons upon the invalid pension list, at the following rates, to wit: Silas Pease and Peter Shite at the rate of eight dollars per month each; Joshua Bill, Henry Barton, Rotert Mophet, James D. Richardson, and Daniel Depuy, a.t the rate of five dollars thirty-three and one-third cents each; Benjamin Gates, at the rate of six dollars; William Gamage, Isaac Plumer, Thomas Gilbert, Jonathan Edwards, Asa Pratt, Elisha Douglass, John Pearle, William Clark, Jonathan Hoyt, and Henry Johnson, an Indian warrior of the Six Nations, at the rate of four dollars a month each; commencing respectively on the first day of January, eighteen hundred and twenty-eight. SEC. 7. And be it further enacted, That the Secretary of War be, and he is hereby, directed to pay to Ann Little, adminstratrix MI-LITAREY AND NAVY PENSION LAWS. 151,of the estate of William Little, deceased, the amount of pension of said William Little, for one year nine months and twenty-nine days. SEc. 8. And be itfurther enacted, That the Secretary of War be, and he is hereby, required to place the name of Rachel Turner, widow of Peter Turner, a soldier of the late war, on the list of half pay pensioners, and pay to her at the rate of four dollars a month, for the term of five years, to commence on the first day of January, one thousand eight hundred and twenty-eight. SEC. 9. And be it further enacted, That the Secretary of Wtar be, and he is hereby, required to place the name of Andrew Herrick, a soldier of the Revolution, and now a lunatic, upon the list of revolutionary pensioners, and pay to such person or persons as may be appointed and properly authorized, for the time being, to take charge of his person and estate, at the rate of eight dollars per month, to commence on the first day of January, one thousand eight hundred and twenty-eight. SiEc. 10. And be it further enacted, That the Secretary of War be, and he is hereby, directed to place the name of Thomas Scott, alias Silas Knox, a soldier of the late. war, and now a lunatic, upon the list of invalid pensioners of the' United States, and to pay to such person or persons as may be appointed and properly authorized to take charge of the person and estate of said Thomas Scott, alias Knox, at the rate of eight dollars per month, to commence on the first day of January, one thousand eight hundred and twenty-eight; which said pension shall continue so long as the said Secretary shall be satisfied of the continuance of the disability aforesaid. SEc. 11. And be it further enacted, That the Secretary of War be' and he is hereby, directed to pay to the minor children of Collins Hurlbut, a soldier of the late war, their guardians, or such other person as may be lawfully authorized to receive the same for the use of the said children, the sum of four dollars per month, for the term of five years, to commence on the first day of January, one thousand eight hundred and twenty-eight. SEC. 12. And be it further enacted, That the Secretary of War be, and he is hereby, authorized and required to place upon the pension roll, the name of James Royal, of Tennessee, at the rate eight dollars per month, to be paid at the same time, and in the same manner, as pensions are usually paid, to commence on the first day of January, one thousand eight hundred and twenty-nine. SEC. 13. Aind be it further enacted, That the pensions aforesaid shall be paid out of any moneys in the treasury not otherwise appropriated, in the same manner that other pensions are now payable. SEC. 14. And be it further enacted, That in all cases of the death of any of the pensioners named in this act, leaving a widow, such widow shall be entitled to receive the arrears of pension due at the decease of her husband, under such rules and regulations as the Secretary of War may prescribe. 152 MILITARY AND NAVY P:ENSION LAWS. [105.] [Laws of the U. S., Pamphlet Edition for 1830.] CHAP. 128. An act for the relief of John H. Wendal, a captain in the revolutionary war. APPROVED, MAY 28, 1830. SEC. 1. 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 he is hereby, authorized and required to place the name of John H. Wendal upon the list of revolutionary pensioners, and to pay him at the rate of forty dollars a month during his natural life. [ 106.] [Laws of the U. S., Pamphlet Edition for 1830.] CHAP. 129. An act for the relief of the legal representatives of James Davenport,. deceased. APPROVED, MAY 28, 1830. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States qf America in Congress assembled, That the proper accounting officer of the Treasury Department be, and he is hereby, authorized and required to pay to the legal representatives of James Davenport, deceased, late an invalid pensioner of the United States, out of any money in the treasury not otherwise appropriated, the pension allowed to the same James Davenport, from the fourth of September, eighteen hundred and eighteen, when he received his last payment, until the time of his death. t 107.1 [Laws of the U. S., Pamphlet Edition for 1830.]; CHAP. 139. An act for the relief of General Simon Kenton. APPRoVED, MAY 28, 1828. SEC. 1. 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 he is hereby, authorized and required to place General Simon Kenton upon the list of revolutionary pensioners, and to pay him at the rate of twenty dollars a month, to commence on the first day of January, one thousand eight hundred and twenty-nine. SEC. 2. And be it further enacted, That the pension aforesaid shall be paid out of any moneys in the treasury, not otherwise appropriated, in the same manner that other pensions are now paid. MILITARY AND NAVY PENSION LAWS. 153 [108.] [Laws of the U. S., Pamphlet Edition for 1830.1 CHAP. 142. An act for the relief of Abraham Brownson. APPROVED, MAY 28, 1830. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the act entitled " An act for the relief of certain surviving officers and soldiers of the army of the revolution," approved fifteenth May, one thousand eight hundred and- twentyeight, be, and they are hereby declared to be, applicable to the case of Abraham Brownson, who enlisted in the regiment commanded by Colonel Seth Warner, in the revolutionary war; and that the Secretary of the Treasury be, and he is hereby, directed to extend the benefit of the said act to him, any thing contained in the same to the contrary notwithstanding. [ 109.] [Laws of the U. S., vol. 7, page 328.] CHAP. 352. An act for the relief of the heirs or legal representatives of Joseph Falconer, deceased. APPROVED, MAY 28, 1830. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury Department be authorized to audit and settle the claim of Joseph Falconer, an officer of the revolution, formerly of Philadelphia, deceased, on account of two several loan office certificates, issued April twenty-first, one thousand seven hundred and seventy-eight, to and in the name of John Cox; namely, one for the sum of one thousand dollars, and numbered thirty-five, and one for the sum of six hundred dollars, and numbered two thousand nine hundred and ninetyseven, and to ascertain the true specie value of the same, exclusive of interest:* which certificates are alleged to have been lost, and appear by the books of the treasury to be outstanding and unpaid; and that the amount so ascertained as aforesaid be paid to the heirs or legal representatives of the said Joseph Falconer, or either of them, duly authorized and empowered to receive the same, out of any money in the treasury not otherwise appropriated: Provided, That the person or persons receiving the amount aforesaid, shall first execute and deliver to the Comptroller of the Treasury, a bond of indemnity in double the amount of the sums to be paid, with sufficient security, as the said Comptroller shall direct and approve. * See the act of 28th June, 1834, (post,) in which this interest was allowed; and from which time became the settled policy of Congress to allow the interest on these certificates. For the nature and origin of these certificates, see the law itself, quoted in the introduction. 154 BILITARY AND NAVY PENSION LAWS. [ 110.] [Laws of the U. S., vol. 8, page 332.] CHAP. 361. An act for the relief of Stephen Olney. 1. Captain Stephen Olney allowed full pay as a captain in revolutionary army. APPROVED, AIAY 28, 1830. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Coangress assembled, That the benefits of the provisions of the act entitled "An act for the relief of' certain surviving officers and soldiers of the army of the revolution," passed May the fifteenth, one thousand eight hundred and twenty.eight, be extended to Stephen Olney, of Rhode Island, a captain in the army of the revolution, and that he be paid and accounted with in the same manner as if he had already, at any time heretofore, since the passage of said act, complied with all the requisitions of the fourth section thereof, to be paid out of any money in the treasury not otherwise appropriated. [111.] [Laws of the U. S., vol. 8, page 355.] CHAP. 400. An act for the relief of Abel Allen. APPROVED, MIAY 29, 1830. SEC. 1. Be it enacted by the,Senate and House of Representatives of the United States of America in Congress assembled, That the act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war, passed the eighteenth day of MVarch, eighteen hundred and eighteen, shall be construed to authorize the Secretary of War to place on the pension list Abel Allen, a soldier in the revolutionary war, now insane, of the date of the eighteenth of August, Anno Domini eighteen hundred and twenty-nine, and that the receipt of his guardian, for the time being, shall be sufficient for the pension allowed by the said act. [112.] [Laws of the U. S., Pamphlet Edition for 1830.1 CHAP. 182. An act granting pensions to Samuel H. Phillips, Cord Hazard, and John M'Creary, and to increase the pension of George W. Howard. APPROVED MAY 29, 1830. SEC. 1. 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 he is hereby, directed! to place the fol MILITARY AND NAVY PENSION LAWS. 155 lowing named persons on the list of invalid pensioners of the United States, who shall be entitled to and receive pensions, according to the rates and commencing at the times hereinafter mentioned, that is to say: Cord Hazard, at the rate of twenty dollars per month, to commence on the first day of January, one thousand eight hundred and twenty-nine. Samuel H. Phillips, at the rate of twenty dollars per month, to commence from the first day of January, one thousand eight hundred and thirty. John M'Creary, at the rate of eight dollars per month, to commence on the first day of January, one thousand eight hundred and twenty-nine. George W. Howard, who has been heretofore placed on the invalid pension list, to receive, hereafter, the sum of fburteen dollars per month, to commence on the first day of January, one thousand eight hundred and thirty. SEC. 2. And be it further enacted, That the pensions above granted shall be continued to the persons, respectively, during their respective lives; and that it shall not be necessary for them to produce an affidavit of continued disability. [113.] [Laws of the U. S., Pamphlet Edition for 1830.] CHAP. 229. An act to amend the act entitled " An act for the relief of certain surviving officers and soldiers of the army of the revolution." APPROVED, MAY 31, 1830. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Co;ngress assembled, That the second section of the act entitled "An act for the relief of certain surviving officers and soldiers of the army of the revolution," approved the fifteenth of May, one thousand eight hundred and twenty-eight, shall not be construed to embrace invalid pensioners, and that the pension of invalid soldiers shall not be deducted from the amount receivable by them under the said act. [114.] [Laws of the U. S., Pamphlet Editionfor 1830.] CHAP. 232. An act for the relief of Isaac Pinney. APPROVED, MAY 31, 1830. SEC. 1. 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 he hereby is, directed to restore the 156 MILITARY AND NAVY PENSION LAWS. name of Isaac Pinney to the roll of revolutionary pensioners, and to cause him to be paid at the rate of eight dollars per month, from and after the first day of January, one thousand eight hundred and twenty-eight. [115. 1 [Laws of the U. S., Pamphlet Edition for 1830.] No. 7. Resolution requiring annual reports to be made to Congress in relation to applications for pensions. Returns of applicants for pensions to be made to Congress. APPROVED, MAY 29, 1830. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the heads of department who may severally [be] charged with the administration of the pension laws of the United States of America, be, and they hereby are, respectively, directed and required, as soon as may be after the opening of each session of Congress, to present to the Senate and House of Representatives a several list of such persons, whether revolutionary, invalid, or otherwise, as shall have made application for a pension, or an increase of pension, and as, in their opinion, respectively, ought to be placed upon the pension roll, or otherwise provided for, and for doing which they have no sufficient power or authority, with the names and residence of such persons, the capacity in which they served, the degree or relief proposed, and a brief statement of the grounds thereof, to the end that Congress may consider the same. [116.] [Laws of the U. S., vol. 8, page 399.] CHAP. 466. An act for the relief of Aaron Fitzgerald. 1. Aaron Fitzgerald, pension increased. 2. Arrears to be paid him. APPROVED, JANUARY 13, 1831. SEc. 1. Be it enacted by the Senate and Htouse of Representatives of the United States of America in Congress assembled, That the Secretary of War be directed to place Aaron Fitzgerald on the pension list during life, at twelve dollars per month, instead of the pension which now receives. SEc. 2. And be it further enacted, That there be paid to the said Aaron Fitzgerald the sum of three hundred and sixty-one dollars and sixty-six cents, being the difference between six dollars per month actually allowed him as a pension, and eight dollars per month, which ought to have been allowed him from the twenty-first of February, one thousand eight hundred and fifteen, MILITARY AND NAVY PENSION LAWS. 157 to the eleventh of March, one thousand eight hundred and thirty, and that the said sum be paid to him out of any money in the Treasury not otherwise appropriated. [ 117.] [Laws of the U. S., Pamphlet Edition for 1831.] CHAP. 9. An act making appropriations for the payment of revolutionary and invalid pensioners. 1. Revolutionary pensions, $1,011,100: Invalid pensions, 276,720 in addition to $29,246 95: Widows and orphans, $5,000. APPROVED, JANUARY 27, 1831. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, for paying revolutionary and invalid pensioners, viz: For payment of revolutionary pensioners, for the year one thousand eighte hundred and thirty-one, one million eleven thousand one hundred dollars. For paying the invalid pensioners, in the year one thousand eight hundred and thirty-one, two hundred and seventy-six thousand seven hnndred and twenty dollars, in addition to an unexpended balance of appropriation for invalid pensioners of twentynine thousand two hundred and forty-six dollars ninety-five cents. For pensions to widows and orphans, five thousand dollars. [ 118.] [Laws of the U. S., Pamphlet Edition for 1831.] CHAP. 78. An act for the relief of Peter Cleer, of Maryland. APPROVED, MARCH 2, 1831. SEC. 1. Be it enacted by the Senate and House of Representa. tives qf the United States of America in Congress assembled, That the Secretary of War be authorized and directed to place the name of Peter Cleer on the roll of revolutionary pensions, and cause him to be paid at the rate of eight dollars per month, to commence on the nineteenth day of December, one thousand eight hundred and twenty-five. [119.] [Laws of the U. S., Pamphlet Edition for 1831.1 CHAP. 79. An act for the relief of Jonathan Crocker. APPROVED, MARCH 2, 1831. SEC. 1. Be it enacted by the Senate and Housce of Rep resenta! tives of the United States of America in Congress assembled, Thai 158 HMILITARY AND NAVY PENSION LAWS. the Secretary of War be, and he hereby is, directed to restore the name of Jonathan Crocker to the roll-of revolutionary pensioners, and to cause him to be paid at the rate of eight dollars per month, from and after the third day of March, one thousand eight hundred and twenty-nine. [ 120.] [Laws of the U. S., Pamphlet Edition for 1831.] CHAP. 81. An act for the relief of Hugh Barnes. APPROVED, MARCH 2, 1831. SEc. 1. 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 he hereby is, directed to cause to be paid to Hugh Barnes, an invalid pensioner of the United States, an arrearage of pension withheld from him, in consequence of a mistake made by the examining surgeon in September, one thousand eight hundred and twenty-one, being in addition to what he has received, at the rate of ten dollars per month, from the fourth day of September, one thousand eight hundred and twenty-one, to the twrenty-second day of September, one thousand eight hundred and twenty-four, when his pension of' twenty dollars per month was restored to him. [121.] [Laws of the U. S., Pamphlet Edition for 1831.] CHAP. 82. An act for the relief of Henry Becker. APPROVED, MARCH 2, 1831. SEC. 1. Be it enacted by the Senate and tHouse of Representati ves of the United States of America in Congress cassmbled. That the Secretary of War be authorized and directed to place Henry Becker on the list of invalid pensioners, at the rate of eight dollars per month, to commence on the first day of January, one thousand eight hundred and twenty-six. [122.] [Laws of the U. S., Pamphlet Edition for 1831.j CHAP. 88. An act for the relief of Samuel Nowell. APPROVED, MARCH 2, 1831. SEc. 1. Be it enacted by the Seniate and House of Representatives of the United States of Amnerica in Congress assembled, That the Secretary of Warm-cause to be paid to Samuel Nowell, of New Hampshire, a pension of eight dollars per month during his natural life, commencing on the fourth day of MIarch, one thousand eight hundred and thirty. MILITARY AND NlAVY PENSION LAWS. 159 [122.] [Laws of the U. S., Pamphlet Edition for 1831.} CHAP. 92. An act for the relief of James Belger. APPROVED, MARCH 2, 1831o SEC. 1. 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 he is hereby, authorized and re. quired to place the name of James Belger on the list of invalid pensioners, and to pay him at the rate of' four dollars per month, to commence on the first day of January, one thousand eight hundred and thirty-one. [123.] [Laws of the U. S., Pamptlet Edition for 1831.] CHAP. 93. An act to rectify the mistake in the name of William Tumey, an invalid pensioner. APPROVEI), MAARCH 2, 1831. SEc. l. Be it enacted by the Senate and House of Representa: tives of the United States of America in Congress assembled, That the name " William Turney" in the fifth section of the act, approved the twentieth of May, eighteen hundred and thirty, entitled "An act for the relief of sundry revolutionary and other officers and soldiers, and for other purposes," be changed to William Tumey, and that the said William Tumey, and no other, may have and enjoy all the relief and benefit granted by the said act to "J William Tlrney." [ 124.] [Laws of the U. S., vol. 8, page 431.] CHAP. 504. An act for the relief of Thomas Porter, of Indiana, APPROVED, MARCH 2, 1831. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States qf America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and required to place the name of Thomas Porter on the list of invalid pensioners, and to pay him at the rate of eight dollars per month, to commence on the first day of January, eighteen hundred and thirty-one. 160 MILITARY AND NAVY PENSION LAWSB [ 125.] [Laws of the U. S., vol. 8, page 432.] CHAP. 508. An act for the relief of the legal representatives of Daniel McIntire, deceased. APPROVED, MARCH 2, 1831. SEC. 1 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 directed to pay to the legal representatives of Daniel McIntire, late an invalid pensioner, deceased, the sum due said pensioner at his death. [126.] [Laws of the U. S., Pamphlet Edition for 1831.] CHAP. 120. An act granting a pension to Martin Miller. APPROVED, MARCH 3, 1831. SEC. 1. 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 authorized and directed to place the name of Martin Miller on the list of revolutionary pensioners, at the rate of eight dollars per month, to commence on the first day of January, one thousand eight hundred and twenty-eight. [ 127.] [Laws of the U. S., Pamphlet Edition for 1832.] CHAP. 20. An act granting a pension to Jared Cone. APPROVED, FEBRUAX Y 18, 1832. SEC. 1. Be it enacted by the Senate and House of Representaz tives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and required to place the name of Jared Cone upon the list of revolutionary pensioners, and to pay him at the rate of eight dollars per month, commencing on the first day of January, one thousand eight hundred and thirty. [128.] [Laws of the U. S., Pamphlet Edition for 1832.] CHAP. 26. An act making appropriations for the revolutionary and other pensioners of the United States, for the year one thousand eight hundred and thirty-two. APPROVED, FEBRUARY 24, 1832. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That MILITARY AND NAVY PENSION LAWS. 161 the following sums be appropriated for the pensioners of the United States, for the year one thousand eight hundred and thirtytwo: For the revolutionary pensioners, nine hundred and eighty. seven thousand five hundred and four dollars. For the invalid pensioners, in addition to the sum of one hundred and forty thousand five hundred and thirty-two dollars in the treasury, one hundred and sixty-five thousand and thirty-nine dollars. For pensions to widows and orphans, three thousand dollars. [ 129.] [Laws of the U. S., Pamphlet Edition for 1832.] CHAP. 126. An act* supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." 1. All who have served two years to receive full pay according to their rank, not to exceed captain's pay: All who have served not less than six months to receive an annuity proportioned to term of service. 2. No one already a peinsioner to receive benefits of this act until he relinquishes former pension. 3. Where to be paid: No foreign officer entitled-evidence of title: Pay not transferable. 4. Payments when to be made: In case of death, to widow or children. 5. Service in navy to entitle to benefits of this act. APPROVED, JUNE 7, 1832. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each of the surviving officers, non-commissioned officers, musicians, soldiers, and Indian spies, who shall have served in the continental line, or State troops, volunteers or milita, at one or more terms, a period of' two 3years, during the war of the revolution, and who are not entitled to any benefit under the act for the relief of certain surviving officers and soldiers of the revolution, passed the fifteenth day of May, eighteen hundred and twenty-eight, be authorized to receive, out of any money in the treasury not otherwise appropriated, the amount of his fiull pay in the said line, accordrig to his rank, but not exceeding in any case the pay of a captain in the said line; such pay to commence from the fourth day of March, one thousand eight hundred and thirty-one, and shall continue during his natural life; and that any such officer, non-commissioned officer, musician, or private, as aforesaid, who shall have served in the continental line, State troops, volunteers, or militia, a term or terms in the whole less than the above period, hut not less than six months, shall be authorized to receive out of any unappropriated money in the treasury, during his natural life, each according to his term of *This act of the 7th June, 1832, which has brought about 30,000 additional pensioners on the roll, has been transferred for execution from the Secretary of the Treasury to the Secretary of War, by "resolution" of 28th June, 1832, for which see page 172, post:. see also "resolution" of March 2, 1833, page 177, post. 18 162 MILITARY AND NAVY PENSION LAWS, service, an amount bearing such proportion to the annuity granted to the same rank for the service of two years, as his term of service did to the term aforesaid; to commence from the fourth day of March, one thousand eight hundred and thirty-two. SEC. 2. And be it further enacted, That no person, receiving any annuity or pension under any law of the United States providing for revolutionary officers and soldiers, shall be entitled to the benefits of this act, unless he shall first relinquish his further claim to such pension; and in all payments under this act, the amount which may have been received under any other act, as aforesaid, since the date at which the payments under this act shall commence, shall first be deducted from such payment. SEC 3. And be it further enacted, That the pay allowed by this act shall, under the direction of the Secretary of the Treasury, be paid to the officer, non-commissioned officer, musician, or private entitled thereto, or his or their authorized attorney, at such places and times as the Secretary of the Treasury may direct, and that no foreign officer shall be entitled to said pay, nor shall any officer, non-commissioned officer, musician, or private, receive the saine until he furnish the said Secretary satisfactory evidence that he is entitled to the same, in conformity to the provisions of this act: and the pay hereby allowed shall not be in any way transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer, non-commissioned officer, musician, or soldier entitled to the same. SEC. 4. And be it further enacted, That so much of the said pay as accrued before the approval of this act, shall be paid to the person entitled to the same as soon as may be, in the manner and,under the provisions above mentioned; and the pay which shall accrue thereafter, shall be paid semi-annually, in the manner above directed; and, in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semiannual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow, or if he leave no widow, to his children. SEC. 5. And be it further enacted, That the officers, non-commissioned officers, mariners, or marines, who served for a like term in the naval service, during the revolutionary war, shall be entitled to the benefits of this act, in the same manner as is provided for the officers and soldiers of the army of the revolution. IMSLITARY AND NAVY PE SION LAWS. 163 [ 130.1 [Laws of the U. S., Pamphlet Edition for 1832.]'CHAP. 131. An act to authorize the President to raise mounted volunteers for the de-:fence of the frontier. 4, Provision in case of disability: Corps subject to rules and articles of war. APPROVED, JUNE 15, 1832. SEc. 4. And be it further enacted, That the officers, non-commissioned officers, and privates, raised pursuant to this act, shall be entitled to the like compensation, in case of disability by wounds or otherwise, incurred in the service, as has heretofore been allowed to officers, non-commissioned officers, and privates in the military establishment of the United States; and shall be subject to the rules and articles of war, and such regulations as have been or shall be established according to law for the government of the army of the United States, as far as the same may be applicable to the said rangers within the intent and meaning of this act, for the protection and defence of the northwestern frontier of the United States. [131.] [Laws of the U. S., vol. 8, page 592.] CHAP. 718. An act for the relief of the heirs and legal representatives of Dr. Samuel J. Axson, deceased. 1. Samuel J. Axson, revolutionary officer, his heirs allowed his commutation. APPROVED, JUNE 15, 1832. SEC. 1. Be it enacted by the Senate and House qf Representafives of the United States of America in Congress assembled, That the proper accounting officers of the treasury be, and they are hereby, authorized and directed to pay out of any money in the treasury not otherwise appropriated, to the heirs and legal representatives of Dr. Samuel J. Axson, five years' full pay as a surgeon in the revolutionary war; which five years' full pay is the commutation of half pay for life," together with such interest thereon as vwould now be due if a certificate for such commutation had been issued at the close of the war, and subscribed under the principles of the funding act, and all dividends thereon were now remaining in the treasury unpaid. X It will be perceived by this act, and other private acts hereafter given, that the right to commutation established by the resolution of March 23d, 1783, No. [ 12.]-ante, continues, and will continue to be valid, whilst there is a just claim remaining unsatisfied. In this point of view, alone, it would have tended to embarrass those claims, were that resolution and these private acts omitted in this compilation, as obsolete; and like reasons have warned us not to make any omissions that a careful research could enable us to avoid. Nevertheless, this and other principles of legislative policy being sufficiently established, and the policy of multiplying the legislative provisions for pension claims in separate acts, instead of including the previsions in one general act for that purpose yearly, having been gradually substituted for the olden usage, we have concluded to discontinue the insertion of those private acts from 1835, when that change became confirmed. 164 MILITA1RY AND NAVY PENSION LAWkS [132.] [Laws of the U. S., Pamphlet Edition for 1832.1 CHAP. 170. An act for the relief of John H. Wendell, a captain in the revolutionary war. 1. Act of May 15, 1828, (No. [96.]-ante,) extended to John H. Wendell. APPROVED, JULY 4, 1832. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America tn Congress assembled, That the benefits of the provisions of the act entitled "An act for the relief of certain surviving officers and soldiers of the army of the revolution," passed May fifteenth, eighteen hundred and twentyeight, be extended to John H. Wendell, a captain in the army of the revolution; and that he be paid and accounted with in the same manner as if he had already complied with the requisitions of the fourth section thereof; to be paid out of any money in the treasury not otherwise appropriated: Provided, That, in paying and accounting with the said John H. Wendell, any sums of money paid to him under the act passed the twenty-seventh [twenty-eighth] day of May, eighteen hundred and thirty, entitled "An act for the relief of John H. Wendell, a captain in the revolutionary war," be first deducted; and any further payments under the said last mentioned act shall cease and be discontinued. [133.] [Laws of the U. S., vol. 8, page 653,] CHAP. 759. An act to provide for liquidating and paying certain claims of the State of Virginia. 1. Money refunded to Virginia for payments to her revolutionary officers. 2. Judgments against Virginia for half pay, to be paid by the United States: Designation of officers entitled to half pay. 3. Claims not prosecuted to judgment to be paid. APPROVED, JULY 5, 1832. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the treasury do liquidate and pay the accounts of the Commonwealth of Virginia against the United States, for payments to the officers commanding in the Virginia line in the war of the revolution, on account of the half pay for life promised the officers aforesaid by that Commonwealth, the sum of one hundred and thirty-nine thousand five hundred anld fi-rty-three dollars and sixty-six cents. SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, required and directed to pay to the State of Virginia the amount of the judgments which have been rendered against the said State, for and on account of the promise contained in an act passed by the General Assembly of MILITARY AND NAVY PENSION LAWVS. 165 the State of Virginia, in the month of May, Anno Domini one thousand seven hundred and seventy-nine, and in favor of the officers or representatives -of officers of the regiments and corps hereinafter recited, and not exceeding in the whole the sum of two hundred and forty-one thousand three hundred and forty-five dollars, to wit: First. To the officers, or their legal representatives, of the regiment commanded by the late Colonel George Gibson, the amount of' the judgments which they have obtained, and which are now unsatisfied. Second. To the officers, or their legal representatives, of the regiment denominated the second State regiment, commanded, at times, by Colonels Brent and Dabney, the amount of the judgments which they have obtained, and which are now unsatisfied. Third, To the officers, or their legal representatives, of the regiments of Colonels Clark and Crockett, and Captain Rogers's troop of cavalry, who were employed in the Illinois service, the amount of the judgments which they have obtained, and which are now unsatisfied. Fourth. To the officers, or their legal representatives, serving in the regiment of State artillery commanded by the late Colonel Marshall, and those serving in the State garrison regiment commanded by Colonel Muter, and serving in the State cavalry commanded by Major Nelson, the amount of the judgments which they have obtained, and which are now unsatisfied. Fifth. To the officers, or their legal representatives, who served in the navy of' Virginia during the late war of the revolution, the:amount of the judgments which they have obtained, and which are now unsatisfied. SEC. 3. AAnd be it further enacted, That the Secretary of the Treasury be, and he is hereby directed and required, to adjust and settle those claims for half pay of the officers of the aforesaid regiments and corps, which have not been paid or prosecuted to judgments against the State of Virginia, and for which said State would be bound on the principles of the half pay cases already decided in the Supreme Court of Appeals of said State; which several sums of money herein directed to be settled or paid shall be paid out of any money in the treasury not otherwise appropriated by law. [ 134.] [Laws of the U. S., Pamphlet Edition for 1832.] CHAP. 177. An act for the relief of Edward S. Meeder. a. Certain arrearages to be paid to Edward S. Meeder: Pension increased. APPROVED, JULY 9, 1832. SEC. 1. Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That 166 MILITARY AND' NAVY PENSION LAWS' the Secretary of War be authorized and directed to pay to Edward S. Meeder, an invalid pensioner of the United States, an arrearage, at the rate of six dollars per month, from the date of his discharge from the army to the seventh day of September, one thousand eight hundred and twenty, the time at which his pension has heretofore been allowed to commence; and that the pension of the said Edward S. Meeder be increased to the rate of eight dollars from and after the fourth day of September, one thousand eight hundred and thirty. 135.1 [Laws of the U. S., Pamphlet Edition for 1832.]' CHAP. 178. An act granting a pension to William Scott. APPROVED, JULY 9, 1832. SEC. 1. Be it enacted by the Senate and House of RIRepesentatires of the United States of America in Congress assembled, That, the Secretary of War be, and he hereby is, directed to place on the pension roll of the United Sates the name of William Scott, of the county of Knox, and State of Tennessee; and that there be allowed to said Scott the sum of eight dollars per month, during his natural life; to commence on the fourth day of De-, cember, in the year one thousand eight hundred and thirty. [ 136.1, [Laws of the U. S., Pamphlet Editiownfor I'832.] CH:AP. 179. An act for the relief of John Bryant and George W. Howard.S 1. John Bryant's pension to commence from the date of his discharge. 2. Allowance' to George W. Howard. APPROVED, JULY 9, 1832. SEc. 1. Be it enacted by the Senate and House of Representac tires of the United States of America in Congress assembled, That the pension allowed to John Bryant, in consequence of a severe, wound received in the battle of twenty-third December, one thousand eight hundred and fourteen, near New Orleans, shall commence from the time of his discharge from the service, and be paid out of any money in the treasury not otherwise appropriaated. SEC. 2. And be it further enacted, That the Secretary of War be, and he hereby is, directed to cause payment to be made to George W. Howard, an invalid pensioner of the United States, of the difference between the amount of pension at five dollars thirty-three and a third cents per month, which he has actually received at the several agencies where it has been paid, and the MILITARY AND NAVY PENSION LAWS. 167 amount to which he was entitled at eight dollars per month, from the time at which his pension for total disability commenced to the time at which he was last reported to be totally disabled by the examining physicians, under the "Act regulating the payments to invalid pensioners," approved the third of March, one thousand eight hundred and nineteen.* [ 137.] [Laws of the U. S., Pamphlet Edition for 1832.] CHAP. 233. An act for the relief of the invalid pensioners of the United States. APPROVED, JULY 14, 1832. SEC. 1. Be it enacted by the Senate and HIouse of Representatives of the United States of America in Congress assembled, That an act entitled " An act regulating the payments to invalid pensioners," approved the third day of March, one thousand eight hundred and nineteen,t be, and the same is hereby, repealed. [138.] [Laws of the U. S., Pamphlet Editionfor 1832.] CHAP. 234. An act to amend the act entitled " An act for the relief of certain surviving officers and soldiers of the army of the revolution." 1. Third section of act of 15th May, 1828, not to embrace invalid pensioners, &c. APPROVED, JULY 14, 1832. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress-assembled, That the third section of the act entitled " An act for the relief of certain surviving officers and soldiers of the army of the revolution," approved the fifteenth day of' May, one thousand eight hundred and twenty-eight, shall not be construed to embrace invalid pensioners; and that the pension of invalid soldiers shall not be deducted from the amount receivable by them under the said act. [139.] [Laws of the U. S., vol. 8, page 722.] CHAP. 850. An act for the relief of John J. Jacobs. 1. John J. Jacobs, revolutionary officer, commutation pay allowed him, with interest. APPROVED, JULY 14, 1832. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That * See act of that date, No. [ 70.] -ante. t See act of that date, No. [ 70.I-ante. 168 MILITARY AND NAVY PENSION LAWS. the Secretary of the Treasury be authorized and directed to pay to John J. Jacobs,'out of any money in the treasury not otherwise appropriated, the amount of his commutation for half pay as a lieutenant in the army of the United States, on the continental establishment, during the revolutionary war, with such interest thereon as that the principal and interest will amount to the sum to which the said John J. Jacobs would have been entitled if a final settlement certificate had been issued for his said commutation, and the same had by him been subscribed to the loan created for funding the debt of the United States, by the acts of one thousand seven hundred and ninety: Provided, That any sum found due by him to the United States be first deducted from the amount of said commutation. [ 140.] [Laws of the U. S., vol. 8, page 724.] CHAP. 855. An act for the relief of the heirs of Thomas Davenport. 1. Thomas Davenport, revolutionary officer, his heirs allowed commutation pay, with interest. APPROVED, JULY 14, 1832. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the treasury be, and they are hereby, required to settle and adjust the account of the heirs of Thomas Davenport, and allow to them five years' full pay forl his services as a captain in the revolutionary war, with such interest thereon as the party would have been entitled to if a final settlement certificate had been issued for the amount of his commutation, and the same had been subscribed to the loan created by the act of one thousand seven hundred and ninety, providing for the funding of the debt of the United States; which five years' full pay is the commutation of his half pay for life; to be paid out of any money in the Treasury not otherwise appropriated. [141.] [Laws of the U. S., vol. 8, page 735.] CHAP. 879. An act fot the relief of Sarah Easton and Dorothy Storer. 1. Colonel Harrison, revolutionary officer, his heirs paid interest on his commutation of half pay. APPROVED, JULY 14, 1832. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the treasury be, and they hereby are, directed, in adjusting and settling the account of Sarah 3ILITARY AND NAVY PENSION LAWS. 169 Easton and Dorothy Storer, for the commutation granted them as children and heirs-at-law of the late Colonel Robert Hanson -iarrison, to allow and pay to them such sum, as interest, as would have accrued on such commutation according to the regulations prescribed for funding and paying the domestic debt, had a certificate for such commutation been issued at the close of the war, and been in due time subscribed to said fund, and certificates of stock for the samne regularly issued therefor, and all dividends thereon were now remaining in the treasury unpaid, to be paid out of any money in the treasury not otherwise appropriated. [ 142.] [Lavws of the U. S., Pamphlet Edition for 1832.] CHAP. 260. An act for the relief of certain invalid and other pensioners therein named. 1. Certain names to be placed on invalid pension roll. 2. Name of James Miller to be reinscribed on said roll. 3. Name of John R. Rappleye to be reinscribed. 4. Name of' Robert Kane to be reinscribed. 5. Name of Jane Mary Lawrence to be reinscribed. 6. J. P. Preston to be allowed the amount which would have been due. 7. Russel Atwater to be placed on list of invalid pensioners. APPROVED, JULY 14, 1832. SEC. 1. 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 he is hereby, directed to place on the invalid pension roll of the United States, the names of the following persons; whereupon, they, and each of them, shall be entitled to receive the pensions severally set against their names, respectively, during life, that is to say: Zebulon Wade, at the rate of eight dollars per month, commencing on the first day of January, one thousand eight hundred and thirty-one. Samuel Espie, at the rate of ten dollars per month, in lieu of the pension he now receives, from and after the fourth day of July, one thousand eight hundred and thirty-two. Asa Hoyt, at the rate of four dollars per month, commencing on the fourth day of January, one thousand eight hundred and thirty. Benjamin Groun, at the rate of six dollars per month, commencing July twenty-ninth, one thousand eight hundred and twenty-nine. William GIllop, at the rate of six dollars per month, commencing December eleventh, one thousand eight hundred and twenty-six. Bartholomew Delapiere, at the rate of twenty dollars per month, commencing December eighteenth, one thousand eight hundred and twenty-six. Daniel Stoddart, at the rate of six dollars per month, commencing on the first day of January, one thousand eight hundred and thirty. l70 MILITARY AND NAVY PENSION LAWS. Edgar Freeman, at the rate of twenty dollars per month, commencing on the fourteenth day of November, one thousand eight hundred and twenty-eight. SEC. 2. And be it further enacted, That the Secretary of War be, and he hereby is, directed to reinscribe the name of John Miller on said pension roll, as on the third day of November, one thousand eight hundred and twelve, at the rate of eight dollars per month from that time to the third day of January, one thousand eight hundred and seventeen, when his name was inscribed thereon, and that the said John Miller be entitled to receive the same arrears of his pension. SEC. 3. And be it further enacted, That the Secretary of War reinscribe the name of John R. Rappleye on said roll, as on the fourth day of March, one thousand eight hundred and twenty-four, at the rate of eight dollars per month, until the third of February, one thousand eight hundred and twenty-nine; and that thereupon he be entitled to receive, as arrears of his pension, the sum of four dollars per month during that time. SEC. 4. And be it further enacted, That the Secretary of War reinscribe the name of Robert Kane on the said pension roll, as of the date of November first, one thousand eight hundred and twenty-eight, at the rate of seventeen dollars per month; and that, thereupon, he be entitled to receive, as arrears of his pension, the sum of nine dollars per month from that date up to the present time; and hereafter the said sum of seventeen dollars per month. SEC. 5. And be itfurther enacted, That the Secretary of War place on the roll aforesaid the name of Jane Mary Lawrence, the widow of Jonathan Lawrence, an ensign in the service of the United States in the late war, who died of wounds received in the said service, at the rate of seventeen dollars and fifty cents per month, for and during the term of five years from and after the first day of January, one thousnnd eight hundred and twentyeight: Provided, That said Jane Mary Lawrence shall so long live and remain unmarried; but in the event of her death or intermarriage then the remainder of said pension shall go to such child or children of the deceased as were under sixteen 3years of age at the time of his death, if any such there were. SEC. 6. And be it further enacted, That the Secretary of War be authorized, upon the application of J. P. Preston, a colonel in the late war, and upon his making proof of his right to be placed upon the invalid pension roll as an officer of the late war, to allow the said Preston the amount which would have been due him had he made his application at the time he received his twound.:SEC. 7. And be itf further enacted, That the Secretary of War cause to be placed on the list of invalid pensioners the name of Russel Atwater, of Saint Lawrence county, State of New York, and pay to him eight dollars per month from first January, one thousand eight hundred and thirty-two, during his life. MILITARY AND NAVY P~ENSION L2AWSV. 1 71 [143.] [Laws of the U. S., vol. 8, page 745.] No. 9. Resolution in relation to the execution of an act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution. APPROVED, JULY 14, 1832. Resolved by the Senate and House of Representatives qf the United States of America in Congress assembled, That, in the execution of the act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution, approved June seventh, one thousand eight hundred and thirty-two, the time of imprisonment as a prisoner of war shall be taken and computed as a part of the period of service. [144.] [Laws of the U. S., Pamphlet Edition for 1832.] CHAP. 287. An act for the relief of certain invalid pensioners. APPROVED, JULY 16, 1832. SEC. 1. Be it enacted by the Senate and HIouse of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, directed to place on the invalid pension roll of the United States the names of the following persons; whereupon they, and each of them, shall be entitled to receive the pensions severally set against their names respectively, during life; that is to say: Benjamin Calhoun, at the rate of four dollars per month, commencing on the first day of January, one thousand eight hundred and thirty-two. Peter Bradly, at the rate of six dollars per month, commencing on the first day of January, one thousand eight hundred and thirty-two. John P. Reed, at the rate of six dollars per month, commencing on the first day of January, one thousand eight hundred and thirty-two. Anthony Murrey, at the rate of six dollars per month, commencing on the first day of January, one thousand eight hundred and thirty-two. [ 145.] [Laws of the U. S., Pamphlet Edition far 1832.] CHAP. 288. An act for the relief of Grieve Drummond. 1. Amount of pension granted by act of 3d March, 1815, to be paid. APPROVED, JULY 16, 1832. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 17 2 MILITARY AND NAVY PENSION LAWS. there be paid to Grieve Drummond, out of any money in the treasury not otherwise appropriated, the amount of a pension granted to him by an act passed March third, one thousand eight hundred and fifteen; which has been withheld inl consequence of his omission to comply with the provisions of the act, passed March third, one thousand eight hundred and nineteen. [ 146.] [Laws of the U. S., Pamphlet Edition for 1832.] No. 4. Resolution transferring certain duties, relating to pensions, from the Treasury to the War Department. APPRoVED, JUNE 28, 1832. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That all the duties which devolve upon the Secretary of the Treasury by virtue of an act, approved the seventh of June, one thousand eight hundred and thirty-two,~ entitled " An act supplementary to the act for the relief of certain surviving officers and soldiers of the army of the revolution," be, and the same are hereby, transferred to the Secretary of War. [ 147.] [Lawzs of the U. $., Pamnphlet Edition for 1.833.] CHAP. 2. An act making appropriations for the revolutionary and other pensioners of the United States, for the year one thousand eight hundred and thirty-three. APPROVED, JANUARY 14, 1833. Src. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be appropriated to be paid out of any money in the treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and thirty-three. For the revolutionary pensioners, under the several acts prior to that of the seventh of June, one thousand eight hundred and thirty-two, six hundred and twenty-four thousand six hundred and eighty-five dollars, in addition to an unexpended balance of three hundred and six thousand five hundred and forty dollars. For the invalid pensions, in addition to the sum of two hundred and one thousand nine hundred and forty-two dollars in the treasury, ninety-eight thousand seven hundred and thirty-two dollars. For pensions to widows and orphan s, five thousand five hundred dollars. See act of that date, No. [129.]-ante. MILITARY AND NAVY PENSION LAWS. 173 [148.] [Laws of the U. S., Pamphlet Edition for 1833.] CHAP. 14. An act for the relief of William A. Tennille, of Georgia. APPROVED, JANUARY 30, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That William A. Tennille, of Georgia, be placed on the roll of invalid pensioners, and be paid at the rate of eight dollars per month, commencing on the first day of January, one thousand eight hundied and fourteen, [149.] [Laws of the U. S., Pamphlet Edition for 1833.] CHAP. 26. An act for the relief of James Brownlee. APPROVED, FEBRUARY 9, 1833. Snc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the treasury not otherwise appropriated, to James Brownlee, sole heir of Alexander Brownlee, an ensign in the army of the revolution, and slain in-the battle of Guilford, the seven years' half pay to which his widow was entitled by a resolve of Congress, passed August twentyfourth, one thousand seven hundred and eighty; together with such interest thereon as would now be due it' a certificate for the said seven years' half pay had been issued and subscribed under the principles of the funding act, and no payments made thereon. [150.] [Laws of the U. S., vol. 8, page 758.] CHAP. 914. An act for the relief of the administrator of the late Colonel John Thornton, deceased..1. John Thorntoii, revolutionary officer, commutation pay allowed his heirs, with interest. APPROVED, FEBRUARY. 9, 1833. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Conrgress assembled, That the proper accounting officers of the treasury do settle, adjust, and pay over to his administrator the account of the late Colonel John Thornton, deceased, for five, years' ftll pay, in commutation of the half pay for life, promised by the resolve of Congress to the officers of the continental line in. the -war of the revolution 174 MILITARY AND NAVY PENSION LAWSo together with such interest thereon as would now be due if a certificate for such commutation had been issued and subscribed under the principles of the funding act, and no payments made thereon; to be paid out of any money in the treasury not otherwise appropriated. And the said administrator shall pay to the widow of the said Thbrnton one-fourth part of the money payable under this act, and the remainder he shall pay over or distribute among the persons entitled thereto, according to the laws of the Commonwealth of Virginia. [151.] [Laws of the U. S., Pamphlet Edition for 1833.] CHAP. 30. An act to amend an act entitled "An act supplementary to an act for the relief of certain surviving officers and soldiers of the revolution." 1. Invalid pensioners not embraced in second section of former act. APPROVED, FEBRUARY 19, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second section of the act entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," approved the 7th day of June, one thousand eight hundred and thirty-two, shall not be construed to embrace invalid pensioners; and that the pensions of invalid soldiers shall not be deducted from the amount receivable by them under the said act. [ 152.] [Laws of the U. S., Pamphlet Edition for 1833.] CHAP. 45. An act for the relief of the widow of Joseph Knight. APPROVED, FEBRUARY 20, 1833. S Ec. 1. 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 he hereby is, directed to pay, out of any money in the treasury not otherwise appropriated, to the widow of Joseph Knight, late a soldier in Captain Benjamin Price's company, in the corps of artillery, the amount due to said Joseph at the time of his decease, by virtue of the certificate of John Gale, assistant surgeon of the corps of the United States artillery, now on file at the War Department. MILITARY AND NAVY PENSION LAWS. 17 5 [153.] [Laws of the U. S., vol. 8, page 774.] CHAP. 941. An act for the relief of the heirs of John Wilson, deceased. 1. John Wilson, revolutionary officer, his heirs allowed seven years' half pay, with interest. APPROVED, FEBRUARY 27, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he'is hereby, authorized and directed to pay, out of any money in the treasury not otherwise appropriated, to the heirs of John Wilson, deceased, a lieutenant in the army of' the revolution, and slain in the battle of the Eutaw Springs, the seven years' half pay allowed by the resolution of Congress, passed August the twenty-fourth, one thousand seven hundred and eighty, together with such interest thereon as would now be due if a certificate for said seven years' half pay had been issued and subscribed under the provisions of the funding act, and no payment made thereon. [154.] [Laws of the T. S., Pamphlet Edition for 1833.] CHAP. 108. An act for the relief of certain invalid pensioners, therein named. 1. The Secretary of War to place certain names on the invalid pension roll. APPROVED MARCH 2, 1833. SEC. 1. Be it enacted bl! the Senate and blouse of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, directed to place on the invalid pension roll of the United States, the names of the following persons; whereupon they, and each of them, shall be entitled to receive the pensions severally set against their names, respectively, during life, that is to say: Jesse Cunningham, at the rate of eight dollars per month, commencing on the first day of January, one thousand eight hundred and thirty-one. Abijah Fisk, at the rate of six dollars per month, to commence on the first day of January, one thousand eight hundred and twenty-five; Oliver EIerrick, at the rate of ten dollars per month, commend cing on the first day of January, one thousand eight hundred and twenty-two. Thomas Philips, at the rate of eight dollars per month, come mencing on the fourth day of September, one thousand eight hundred and twenty. Benjamin Dow, of the State of Maine, late a soldier in the'fourth regiment of infantry, at the rate of eight dollars per month 176 MILITARY AND NAVY~ PENSION LAWS. to commence on the first day of January, one thousand eight hundred and thirty. Heard Bracket, at the rate of eight dollars per month, come mnencing January first, one thousand eight hundred and thirty. Joseph Linn, at the rate of six dollars per month, commencing on the first day of January, one thousand eight hundred and thirty-two. Robert MeCausland, at the rate of four dollars per month, comm encing on the first day of January, one thousand eight hundred and twenty-one. George Field, at the rate of fobur dollars per month, commencing on the first day of January, one thousand eight hundred and twenty-nine. Miioses Cremeens, of Galia county, of Ohio, at the rate of six dollars per month, from January first, one thousand eight hundred and thirty-two. William Ledman, at the rate of six dollars per month, commencing on the twenty-sixth day of Miarch, one thousand eight hundred and thirty. John Taylor, as on the first day of January, one thousand eight hundred and sixteen, at the rate of eight dollars per month, up to the time when his name was inscribed on the invalid pension roll; to be paid to him as arrears of his pension. Roswell Hunt, at the rate of twenty dollars per month, commencing January first, one thousand eight hundred and thirty-one. Martin Smith, as of the twenty-fifth day of June, one thousand eight hundred and seventeen,, at the rate of six dollars per month, until his name was inscribed on the pension roll aforesaid, namely, the eleventh day of March, one thousand eight hundred and thirty; to be paid to him as arrears of his said pension. Henry Clicke, at the rate of four dollars per month, commencing January first, one thousand eight hundred and thirty-one. Asher Huntington, from the time when discharged from service, at the rate of four dollars per month, until his name was inscribed on the pension roll, in the year one thousand eight hundred and thirty-one; to be paid to him as arrears of his pension. William liicketts, of' Indiana, at the rate of' eight dollars per month, commencing the first of January, one thousand eight hundred and thirty-three. SEC. 2. And be ittfurther enacted, That the several sums necessary to carry into effect the provisions of this act, shall be paid out of any money in the treasury not otherwise appropriated. MILITARY AND NAVY PENSION LAWS. 177 [ 155.] [Laws of the U. S., Pamphlet Editionfor 1833.] No. 2. A Resolution in relation to the execution of the act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution." APPROVED, MARCH 2, 1833. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the execution of the act supplementary to the "Act for the relief of certain surviving officers and soldiers of the revolution," approved June seventh, one thousand eight hundred and thirty-two, wherever it shall be made to appear that any applicant for a pension under said act entered the army of the revolution, in pursuance of a contract with the Government made previous to the eleventh day of April, one thousand seven hundred and eighty-three, and continued in service until after that period, it shall be the duty of the Secretary of War to compute the period of any such applicant's service, from the time he then entered the army, and until the date of the definitive treaty of peace, and to allow him a pension accordingly. [ 156.] [Laws of the U. S., vol. 8, page 819.] CHAP. 965. An act for the more perfect defence of the frontiers. 1. Mounted rangers disbanded, and a regiment of dragoons raised: Its organization. 3. To serve on horse or foot, subject to rules and articles of war:: Provision for wounds and disabilities. 5. Appropriation. APPROVED, MARCH 2, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of the battalion of mounted rangers authorized by the act of the fifteenth of June, one thousand eight hundred and thirtytwo, there be established a regiment of dragoons, to be composed and organized as follows, &c. * * SEC. 3. And be it further enacted, That the said regiment of dragoons shall be liable to serve on horse or foot, as the President may direct; shall be subject to the rules and articles of war, be recruited in the same manner, and with the same limitations; that the officers, non-commissioned officers, musicians, farriers, and privates, shall be entitled to the same provisions for wounds and disabilities, the same provisions for widows and children, and the same allowances and benefits in every respect, as are allowed, the other troops constituting the present military peace establishment. SEC. 4. And be it further enacted, That the President of the United States be authorized to carry into effect this act, as soon 19 178 MILITARY AND NAVY PENSION LAWS, as he may deem it expedient, and to discharge the present battalion of mounted rangers, on their being relieved by the said regiment of dragoons. SEc. 5. And be it further enacted, That the sum required to carry into effect the provisions of this act is hereby appropriated, in addition to the appropriations for the military establishment for the year one thousand eight hundred and thirty-three. [ 157.] [Laws of the U. S., vol. 8, page 843.] CHAP. 988. An act for the relief of John Thomas and Peter Foster. 1. John Thomas, revolutionary officer, commutation pay allowed him with interest, 2. Peter Foster, revolutionary officer, commutation pay allowed him with interest. APPROVED MARCH 2, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives tf the United States of America in Congress assembled, That he proper accounting officers of the treasury do settle the account of John Thomas, and allow him five years' full pay as a captain of infantry of the revolutionary army, in the Virginia line, on continental establishment, with such interest thereon as would have been payable to the said John Thomas, if a certificate had been given him for the amount of said commutation, and the same had by him been subscribed to the funded debt of the United States, under the act of one thousand seven hundred and ninety. SEC. 2. And be it faurther enacted, That the same accounting officers do settle the account of Peter Foster, a lieutenant of infantry of the revolutionary army, of the Virginia line, and allow him five years' full pay as such lieutenant, with such interest thereon as is directed in the foregoing section to be allowed to John Thomas, and that the said several sums of money and interest be paid out of any money in treasury not otherwise appropriated. [158.] [Laws of the U. S., vol. 8, page 845.] CHAP. 994. An act for the relief of Eleanor Courts, widow of Richard Henly Courts. 1. Dr. Richard Henly Courts, revolutionary officer, money due to be paid to. his widow.. APPROVED, MARCH 2, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the treasury pay to Eleanor Courts, widow and legal representative of Richard Hlenly Courts, a surgeon's mate in the revolutionary army, out of any money in MILITARY AND NAVY PENSION LAWS. 179 the treasury not otherwise appropriated, the account of the said Richard Henly Courts, for twenty-two months' service and rations as such surgeon's mate, together with such interest thereon as would now be due if a certificate of the amount of said account had been issued, and the same had been subscribed to the loan created by the act of one thousand seven hundred and ninety, providing for the funding of the debt of the United States. [159.] [Laws of the U. S., vol. 8, page 847.] CHAP. 997. An act for the relief of the heirs of Colonel John Ely, deceased. 1. Col. John Ely, revolutionary officer, paid for medical services, with interest. ArrPPROVED, MARCH 2, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be allowed to the legal heirs of Colonel John Ely, deceased, who was a colonel in the Connecticut line of the army of the revolution, the sum of sixty dollars per month for his services, expenses, and travel in discharging the duties of a physician and surgeon to sick and wounded prisoners of the American army, dispersed on various parts of Long Island, from the ninth day of December, one thousand seven hundred and seventy-seven, to the tweinty-fifth day of December, one thousand seven hundred and eighty; and that the amount herein allowed be paid to said heirs, together with such interest thereon as would now be due had a certificate therefor been issued on the said twenty-fifth day of December, one thousand seven hundred and eighty, and said certificate been subscribed to the debt of the United States, and funded under the act of August the fourth, one thousand seven hundred and ninety, and all dividends thereon were now outstanding and unpaid; to be paid out of any money in the treasury not otherwise appropriated. [160.] LLaws of the U. S., vol. 8, page 849.] CHAP. 1000. An act for the relief of Thomas Triplet. 1. Thomas Triplet, revolutionary officer, five years' full pay allowed him, with interest. APPROVED, MARCH 2, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the treasury do settle the account of Thomas Triplet, (a captain of infantry in the revolu 180 3MILITARY AND NAVY PENSION LAWS. tionary army,) and allow him five years' full pay as such captain, with such interest as would have become due thereon had a certificate for the same been duly issued, and afterwards, in due time, subscribed to the funded debt of the United States; and that the same be paid out of any money in the treasury not otherwise appropriated. L161.] [Laws of the U. S., vol. 8, page 856.] CHAP. 1019. An act for the relief of Joseph Gaston, of South Carolina. APPROVED, MARCH 2, 1833. SEc. 1. 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 directed to place the name of Joseph Gaston, of Chester District, in the State of South Carolina, on the roll of invalid pensioners; and pay to him eight dollars per month during his natural life, commencing on the first of January, eighteen hundred and thirty-three. [162.] [Laws of the U. S., vol. 8, page 860.] CHAP. 1031. An act for the relief of James Gibbon, and Sarah Price, widow of William Price, and Philip Slaughter. 1. James Gibbon, revolutionary officer, five years' full pay allowed him, with interest, 2. William Price, revolutionary officer, interest on his commutation pay allowed his widow. 3. Philip Slaughter, interest on commutation allowed him. APPROVED, MARCH 2, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the treasury be, and they hereby are authorized and required to settle and adjust the account of James Gibbon, a captain of the army of the revolution, and allow to him five years' full pay, which five years' full pay is the commutation of his half pay for life, with such interest thereon as would have been payable to the said James Gibbon if a certificate had been given him for the amount of said commutation, and the same had by him been subscribed to the funded debt of the United States, under the act of one thousand seven hundred and ninety, to be paid out of any money in the treasury not otherwise appropriated. SEC. 2. And be it further enacted, That the proper accounting officers of the Treasury Department do also settle and adjust the account of William Price, late a lieutenant in the Virginia line XMILITARY AND NAVY PENSION LAWS. 181 in continental establishment, and pay to his widow, Sarah Price, whatever sum of money would have accrued and been payable to him as interest and dividends thereon, had he, the said Price, received a certificate for the amount of five years' full pay as a lieutenant of infantry, (according to the resolves of Congress of Starch, one thousand seven hundred and eighty-three,) and had subscribed the said certificate to the public debt, in conformity with the provisions of the acts of Congress of the fourth and fifth August, one thousand seven hundred and ninety, which sum of money so found to be due as interest or dividends, and no more, shall be paid out of any money in the treasury not otherwise appropriated. SEC. 3. And be it further enacted, That the Secretary of the Treasury be authorized and directed to pay to Philip Slaughter, out of any money in the treasury not otherwise appropriated, interest upon the commutation of half pay heretofore allowed him. [163.] [Laws of the U. S., vol. 9,page 16.~] CHAP. 15. An act making appropriations for the revolutionary and other pensioners of the United States, for the year one thousand eight hundred and thirty-four. APPROVED, FEBRUARY 27, 1834. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and thirty-four: For the revolutionary pensioners under the several acts prior to that of the seventh of June, one thousand eight hundred and thirty-two, in addition to an unexpended balance of one hundred and forty-four thousand six hundred and twenty-three dollars and twenty-one cents, the sum of nine hundred and one thousand six hundred and fifty-six dollars. For the invalid pensioners under the various laws, in addition to the unexpended balance of one thousand eight hundred and forty-nine dollars and seventy cents, the sum of three hundred and six thousand one hundred and twenty-five dollars. For pensions to widows and orphans, seven thousand five hundred dollars. *Vol. 9 is the continuation, ordered -by resolution of the House of Representatives, June 30, 1834, and printed by Langtree & O'Sullivan. 182 MILITARY AND NAVY PENSION LAWS. [164.] [Laws of the U. S., vol. 9, page 43.] CHAP. 66. An act for the relief of Lucy Loomis. APPROVED, JUNE 19, 1834. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be paid out of any money in the treasury not otherwise appropriated, to Lucy Loomis, widow of Jesse Loomis, late a lieutenant in the militia service of the United States, and who died before the expiration of his term of service, by occasion of sickness contracted in that service, but was, by permission and advice of his attending physician, removed to his family before his death, the full amount to which she would have been entitled had he died in camp and before the expiration of his term of service. [165.1 [Laws of the U. S., vol. 9, page 45.] CHAP. 70. An act granting pensions to certain persons therein named. 1. Pensions granted to JoseFh Webb, John Kincaid, John Moody, David A. Ames, Robert Milligan, Jeremiah Keyes, Nehemiah Ward, Abner Merrill, John Couch, Daniel Fuller, Benjamin Burlingame, and William Tozier. 2. Pensions granted to John Allen and Joseph Prescott. APPROVED, JUNE 25, 1834. SEc. 1. 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 he is hereby, directed to place on the invalid pension roll of the United States, the names of the following persons; whereupon they, and each of them, shall be entitled to receive the pensions severally set against their names, respectively, during life; that is to say: Joseph Webb, jr., at the rate of six dollars per month, commencing January first, one thousand eight hundred and thirty-two. John Kincaid, at the rate of six dollars per month, commencing January first, one thousand eight hundred and thirty-two. John Moody, at the rate of six dollars per month, commencing March fourth, one thousand eight hundred and thirty-two. David A. Ames, at the rate of four dollars per month, commencing on the first day of January, eighteen hundred and thirty. Robert Milligan, at four dollars a month, commencing January first, one thousand eight hundred and thirty-three. Jeremiah Keyes, at six dollars a month, commencing on the third of December, one thousand eight hundred and thirty-two. Nehemiah Ward, at four dollars a month, commencing January first, one thousand eight hundred and twenty-one. MILITARY AND NAVY PENSION LAWS. 183 Abner /IMerrill, at the rate of four dollars per month, commencing January first, one thousand eight hundred and thirty-two. John Couch, jr., an arrearage of pension at the rate of four dollars per month, from the nineteenth day of April, eighteen hundred and twenty-one, to the nineteenth day of December, eighteen hundred and twenty-eight. Daniel Fuller, at the rate of eight dollars per month, commencing on the first day of January, one thousand eight hundred and thirty-two. Benjamin Burlingame, at the rate of eight dollars per month, to commence on the twelfth day of December, one thousand eight hundred and thirty-one. William Tozier, at the rate of six dollars per month, comrn mencing on the fourth day of March, eighteen hundred and thirtyone. SEC. 2. And be it further enacted, That the Secretary of War be, and he hereby is, authorized and directed to place the name of John Allen, of the State of Maine, on the list of invalid pensioners, and to pay him a pension at the rate of four dollars a month, commencing on the first day of January, eighteen hundred and and twenty, and to continue during his natural life; and that he also cause the name of Joseph Prescott, of the State of Maine, to be placed on the invalid pension list, and that he pay him a pension at the rate of four dollars a month, commencing on the first day of January, eighteen hundred and eighteen, and to continue during his natural life. SEC. 3. And be it further enacted, That said sums be paid out of any money in the treasury not otherwise appropriated. t166.] [Laws of the U. S., vol. 9, page 93.] CHAP. 117. An act for the relief of Benjamin Jacobs, of Samuel Bayard, surviving executor of John Bay6rd, deceased, and of the executors of Joseph Falconer, dedeased. 1. Benjamin Jacobs paid loan office certificates, with interest. 2. John Bayard, loan office certificates paid, with interest. 3. Joseph Falconer paid interest on loan office certificates. APPROVED, JUNE 28, 1834. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury Department be, and they are hereby, authorized and directed to settle the account of Benjamin Jacobs for two loan office certificates, amounting to seven hundred dollars, issued from the loan office in Connecticut, in the name of the said Benjamin Jacobs, viz: number nine thousand five hundred and forty-one, dated twenty-first of May, seventeen hundred and seventy-nine, for two hundred dollars, and number 184 MILITARY AND NAVY PENSION LAWS.i six thousand one hundred and twenty-nine, dated April twentysixth, seventeen hundred and seventy-nine, for five hundred dollars, and to ascertain the true specie value thereof; which certificates are alleged to have been lost, and appear by the books of the treasury to be outstanding and unpaid; and that the amount so ascertained, with interest thereon, be paid to the said Benjamin Jacobs, out of any money in the treasury not otherwise appropriated, upon the said Benjamin Jacobs executing and delivering to the Comptroller of the Treasury a bond of indemnity, in double the amount of the sum to be paid, with sufficient security, to be approved by the said Comptroller. SEc. 2. And be it further enacted, That the proper accounting officers of the Treasury Department be, and they are hereby, authorized and directed to settle the claim of Samuel Bayard, surviving executor of John Bayard, deceased, for six certificates, issued on the twenty-second of February, seventeen hundred and seventy-seven, in the name of the said John Bayard, viz: number one hundred and fifty-one, one hundred and fifty-two, one hundred and fifty-five, one hundred and fifty-six, one hundred and fiftyseven, one hundred and fifty-eight, for three hundred dollars each, amounting to one thousand eight hundred dollars, and to ascertain the true specie value thereof; which certificates are alleged to have been lost, and appear by the books of the treasury to be still unsatisfied; and the amount so ascertained, with interest thereon from the first day of January, seventeen hundred and eighty-eight, to be paid to the said Samuel Bayard, surviving executor as aforesaid, out of any money in the treasury not otherwise appropriated, upon the execution and delivery of a bond of indemnity from the said Samuel Bayard to the Comptroller of the Treasury, in double the amount of the sum to be paid, with sufficient security, to be approved of by the said Comptroller. SEc. 3. And be it further enacted, That there be paid to the executors of Joseph Falconer, deceased, out of any money in the treasury not otherwise appropriated, interest upon two loan certificates-number thirty-five, for one thousand dollars, of the value of four hundred and fifty-four dollars and thirty-seven ninetieths, in specie, and number two thousand nine hundred and ninetyseven, for six hundred dollars, of the value of two hundred and seventy-two dollars and fifty-eight ninetieths, in specie, to be computed from the first day of January, seventeen hundred and eighty-eight, until the payment of the principal of those certificates, as directed by the act for the relief of the legal representatives of Joseph Falconer, approved twenty-eighth day of MIay, eighteen hundred and thirty. MIILITARY AND NAVY PENSION LAWS. 185 [167.] [Laws of the U. S., vol. 9, page 102.] CHAP. 127. An act granting pensions to certain persons therein named. 1. Pensions granted to Simon Deloach, Levi Strong, John O'Neil,Benjamin Goodrich, William Warren, George Lynch, Eli Mitchel, John S. Workman. 2. Benjamin Grover. APPROVED, JUNE 30, 1834. SEC. 1. 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 he is hereby, authorized and directed to pay, out of any money in the treasury not otherwise appropriated, to the following persons, the pensions herein granted to them respectively, commencing at the times set against their names severally, and to continue during their natural lives, to wit: Simon Deloach, at the rate of six dollars per month, commencing on the first day of January, eighteen hundred and thirty-two. Livi Strong, at the rate of six dollars per month, commencing on the fourth day of March, eighteen hundred and thirty-one. John O'Neil, at the rate of eight dollars per month, commencing on the first day of January, eighteen hundred and thirty-two. Benjamin Goodrich, at the rate of six dollars per month, commencing on the first day of January, eighteen hundred and thirtytwo. William Warren, at the rate of sixteen dollars per month, commencing on the twenty-second of January, one thousand eight hundred and thirty-three. George Lynch, at the rate of six dollars per month, to commence on the fourteenth day of November, one thousand eight hundred and thirty-one. Eli Mitchel, at the rate of eight dollars per month, commencing on the fourth day of March, one thousand eight hundred and thirty-four. John S. Workman, at the rate of eight dollars per month, commencing on the eleventh day of June, eighteen hundred and twenty-nine. SEC. 2. And be it further enacted, That the Secretary of War be, and he is hereby, authorized and directed to pay to Benjamin Grover, of Pownal, in the State of Vermont, the pension granted to Benjamin Groun, by an act passed the fourteenth day of July, eighteen hundred and thirty-two, the same pension having been intended for said Benjamin Grover, to commence at the same time as by said act is provided. * Up to this period, and since the act of the 20th June, 1830, the early and long established policy of embodying in a single act, yearly, the pensioners ordered on the pension roll, gradually abated, and finally gave place to that of passing a separate act for every pensioner, which multiplied these acts enormously, as will be seen by referring to the laws subsequent to this date. Having thus far sufficiently shown the adverse legislative practice, we shall here discontinue the enumeration of these private acts. —EDs. 186 3ILITARY AND NAVY PENSION LAWS. [168.] [Laws of the U. S., vol. 9, page 125.] CHAP. 154. An act granting pensions to certain persons therein named. 1. Pensions granted to Francis Jacobs, Bazlee Porter, William Hunt, and Alfred Baldwin. 2. Pension granted to Hugh Lusk. APPROVED, JUNE 30, 1834. SEC. 1. 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 he is hereby, authorized and directed to pay to the several persons herein named, a pension at the rate, and commencing at the time, set to each person's name, respectively, and to continue during his natural life: to Francis Jacobs, at the rate of eight dollars per month, commencing on the first day of January, eighteen hundred and thirty-two. Bazlee Porter, at the rate of eight dollars per month, commencing on the first day of January, eighteen hundred and thirtythree. William Hunt, at the rate of eight dollars per month, commencing on the first day of January, eighteen hundred and thirtytwo. Alfred Baldwin, at the rate of eight dollars per month, commencing on the first day of January, eighteen hundred and thirty. SEC. 2. And be it further enacted, That the name of Hugh Lusk be placed on the invalid pension roll, at the rate of six dollars per month, to commence on the first day of Mlarch, eighteen hundred and twenty-nine. [169.] [Laws of the U. S., vol. 9, page 127.1 CHAP. 159. An act granting pensions to several persons therein named. 1. Pensions granted to Manuel Cressy, Joseph Trimble, Levi Brown, Martin Parker, William Collins, Joseph Chamberlain, and Francis Ducoing. APPROVED, JUNE 30, 1834. SEC. 1. 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 he is hereby, directed to pay, out of any money in the treasury not otherwise appropriated, to the several persons hereinafter named, the amount of pension to each one respectively set, commencing at the times severally named, and to continue each one during his natural life, to wit: Manuel Cressy, at the rate of eight dollars per month, commencing on the first of January, eighteen hundred and thirty-one. Joseph Trimble, at the rate of eight dollars per month, commencing on the first of January, eighteen hundred and thirty-two. 3IILITAEtY AND NAVY PENSION LAWS. 187 Levi Brown, at the rate of eight dollars and sixty-six cents per month, commencing on the first of January, eighteen hundred and thirty-one. Martin Parker, at the rate of eight dollars per month, commencing January first, eighteen hundred and thirty. William Collins, at the rate of eight dollars per month, commencing January first, eighteen hundred and thirty-three. Joseph Chamberlain, at the rate of seventeen dollars per month, commencing on the first day of January, eighteen hundred and thirty-two. Francis Ducoing, at the rate of eight dollars per month, commencing on the first day of January, eighteen hundreed and thirty. [170. ] [Laws of the U. S., vol. 9, page 195.] CHAP. 282. An act making appropriations for the payment of revolutionary and other pensioners of the United States, for the year one thousand eight hundred and thirtyfive. APPROVED, JANUARY 27, 1835. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and thirty-five: For the revolutionary pensioners, under the several acts prior to that of the seventh of June, one thousand eight hundred and thirty-two, in addition to an unexpended balance of two hundred and seventy-three thousand and five dollars and fifty-three cents, the sum of four hundred and fifty-eight thousand nine hundred and ninety-nine dollars and forty-seven cents. For the invalid pensioners, under various laws, in addition to an unexpended balance of sixty-nine thousand seven hundred and twenty-five dollars, the sum of two hundred and forty-one thousand two hundred and nineteen dollars. For pensions to widows and orphans, in addition to an unexpended balance of three thousand five hundred and eighty-four dollars and forty-nine cents, the sum of two thousand five hundred dollars. 188 MILITARY AND NAVY PENSION LAWS. [171.] [Laws of the U. S., vol. 9, page 242.] CHAP. 323. An act to continue the office of Commissioner of Pensions. 1. Commissioner of Pensions continued for two years. 2. How appointed. 3. Salary and franking privilege. 4. Certain business relating to revolutionary claims transferred from Treasury to War Department. APPROVED, MARCH 3, 1835. F SEC.. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the office of Commissioner of Pensions shall be, and the same is hereby, continued for the term of two years, from and after the fourth day of March next, and no longer.* SEc. 2. And be it further enacted, That a Commissiener of Pensions shall be appointed by the President of the United States, by and Kwith the advice and consent of the Senate, and that he shall execute, under the direction of the Secretary of War, such duties in relation to the various pension laws as may be prescribed by the President. SEC. 3. And be it further enacted, That the said commissioner shall receive an annual salary of twenty-five hundred dollars, and he shall also have the privilege of franking. SEC. 4. And be it further enacted, That the duties heretofore required of, and performed by the Secretary of the Treasury, under the provisions of the act approved on the fifteenth of May, one thousand eight hundred and twenty-eight, t granting allowances to the officers and soldiers of the revolutionary army, and in relation to Virginia claims for revolutionary services and deficiency of commutation, be, and the same are hereby, transferred to, and made the duties of, the Secretary of War, from and after the first day of June next. [ 172.] [Laws of the U. S., vol. 9, page 303.] CHAP. 434. An act to provide for the payment of volunteers and militia corps in the service of the United States. 1. Volunteers and militia to have the same pay and allowances as regular troops. 4. Pensions for wounds or disabilities. 5. Five years' half pay to widows and children of those who die. 6. This act to apply to those only who have been regularly called out. APPROVED, MARCH 19, 1836, SEC. 1. Be it enacted by the Senate and House of Representatives of the Unzted States of America in Congress assembled, That the officers, non-commissioned officers, musicians, artificers, and * The office of Commissioner of Pensions was further continued by act of March 3, 1837, and biennially up to the present time. t See act of that date, No. [ 96.] -ante. MILITARY AND NAVY PENSION LAWS. 189 privates, of volunteer and militia corps, who have been in the service of the United States, at any time since the first of November, in the year of our Lord one thousand eight hundred and thirty-five, or may hereafter be in the service of the United States, shall be entitled to, and receive, the same monthly pay, rations, clothing, or money in lieu thereof, and forage, and be furnished with the same camp equipage, including knapsacks, as are, or may be, provided by law for the officers, musicians, artificers, and privates, of the infantry of the army of the United States. SEC. 4. And be it further enacted, That the volunters or militia who have been, or who may be, received into the service of the United States, to suppress Indian depredations in Florida, shall be entitled to all the benefits which are conferred on persons wounded or otherwise disabled in the service of the United States. SEC. 5. And be it further enacted, That when any officer, noncommissioned officer, artificer, or private of said militia or volunteer corps, who shall die in the service of the United States or returning to his place of residence after being mustered out of service, or at any time in consequence of' wounds received in service, and shall leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go to the child or children of said decedent: Provided always, That the Secretary of War shall adopt such forms of evidence, in applications under this act, as the President of the United States may prescribe. SEC. 6. And be it farther enacted, That the volunteers and militia, mentioned in the foregoing provisions of this act, called into service before its passage, and who are directed to be paid, shall embrace those only ordered into service by the commanding general, or Governors of States, and of the Territory of Florida, under authority from the War Department for repressing the hostilities of the Florida Indians. [173.] [Laws of the U. S., vol. 9, page 308.] CHAP. 442. An act making appropriations for the payment of the revolutionary and other pensioners of the United States, for the year one thousand eight hundred and thirty-six. AFPROVED, APRIL 14, 1836. SEc. 1. Be it enacted by the Senate and Hrouse of Representatives of the United States of America in Congress assembled, That 190 MILITARY AND NAVY PENSION LAWS. the following sums be, and the same are hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and thirty-six. For the revolutionary pensioners under the several acts, other than those of the fifteenth of May, one thousand eight hundred and twenty-eight, the seventh of June, one thousand eight hundred and thirty-two, and the fifth of July, one thousand eight hundred and thirty-two, in addition to an unexpended balance of three hundred and thirty-five thousand three hundred and ninetyfive dollars and seventy cents, the sum of three hundred and fortyseven thousand six hundred and twenty-nine dollars. For the invalid pensioners, under various laws, in addition to an unexpended balance of two hundred and one thousand seven hundred and twenty-one dollars and twenty-seven cents, one hundred and five thousand eight hundred and twenty-five dollars. For pensions to widows and orphans, payable through the office of the Third Auditor, in addition to the unexpended balance of two thousand one hundred and ninety-five dollars and twentytwo cents, two thousand dollars. [174.1 [Laws of the U. S., vol. 9, page 318.] CHAP. 446. An act to prescribe the mode of paying pensions heretofore granted by the United States. 1. Pensions not to be paid by the Bank of the United States: The Secretary of War to appoint agents: No compensation. APPROVED, APRIL 20, 1836. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all laws and parts of laws, authorizing or requiring the Bank of the United States, or its branches, to pay any pensions granted under the authority of the United States, shall be, and the same are hereby, repealed; and such payments shall be hereafter made, at such times and places, by such persons or corporations, and under such regulations, as the Secretary of War may direct; but no compensation or allowance shall be made to such persons or corporations for making such payments, without authority of law. [175.] [Laws of the U. S., vol. 9, page 341.] CHAP. 458. An act granting pensions, and arrearages of pensions, to certain persons therein named. 1. Pensions granted to Enoch Blaisdell, Jared Buckingham, Beverly Roy, Parsons Smith, Josiah H. Brown, Isaac Carter, James Calvin, and James B. Folsom. 2. Ar MILITARY AND NAVY PENSION LAWS. 191 rearage of pension authorized to be granted to Edward Nicholas. 3. Increase of pension granted to Origen Eaton. APPROVED, MAY 14, 1836. SEC. 1. Be it enacted by the Senate and tHouse of Representatires of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, required to pay to the several persons herein named, out of any money in the treasury not otherwise appropriated, pensions at the rate set to each person's name, respectively, commencing at the time herein named, and to continue to each one during his natural life, viz: To Enoch Blaisdell, of Dearborn county, Indiana, at the rate of seventeen dollars a month, commencing on the fourth day of March, eighteen hundred'and thirty-four. To Jared Buckingham, at the rate of five dollars and one-third of a dollar per month, commencing on the fourth day of March, eighteen hundred and thirty-two. To Beverly Roy, at the rate of seventeen dollars per month, to commence on the fourth day of March, eighteen hundred and thirty-four. To Parsons Smith, at the rate of four dollars per month, commencing on the fourth day of March, eighteen hundred and thirty-four. To Josiah H. Brown, at the rate of four dollars per month, commencing on the fourth day of March, eighteen hundred and thirty-four. To Isaac Carter, late a captain in the thirty-fourth regiment of infantry, at the rate of twenty dollars a month, commencing on the first day of January, eighteen hundred and thirty-four. To James Calvin, of Johnson county, Indiana, at the rate of six dollars a month, commencing on the first day of January, eighteen hundred and thirty-five. To James B. Folsom, at the rate of eight dollars per month, commencing on the twelfth day of June, eighteen hundred and thirty-three. SEC. 2. And be it further enacted, That the Secretary of War be, and he is hereby, authorized and required to pay to Edward Nicholas, now an invalid pensioner, out of any money in the treasury not otherwise appropriated, an arrearage of pension at the same rate per month now allowed to him, commencing at the time of his discharge from the army, upon the certificate of a surgeon of his disability, and continuing to the period when his name was placed on the roll of invalid pensioners. SEC. 3. And be it further enacted, That there be, and hereby is, granted to Origen Eaton, of Sullivan, in the county of Madison, and State of New-York, a pension at the rate of twenty-five dollars a month, in lieu of the pension now received by him commencing on the first day of January, eighteen hundred and thirty-four: 192 MILITARY AND NAVY PENSION LAWS. [ 176.] [Laws of the U. S., vol. 9, page 344.] CHAP. 467. An act explanatory of the act entitled "An act to prevent defalcations on the part of the disbursing agents of the Government, and for other purposes." PAPROVED, MAY 20, 1-836. SEc. 1. Be it enacted by the Senate and House of Representae tives of the United States of America in Congress assembled, That the act entitled "An act to prevent defalcations on the part of the disbursing agents of the Government, and for other purposes," approved the twenty-fifth of January, eighteen hundred and twenty-eight, shall not be construed to authorize the pension of any pensioner of the United States to be withheld. 177.] [Laws of the U. S., vol. 9, page 346.] CHAP. 470. An act authorizing the President of the United States to accept the service of volunteers, and to raise an additional regiment of dragoons or mounted riflemen. APPROVED, MAY 23, 1836. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he hereby is, authorized to accept volunteers who may offer their services either as infantry or cavalry, not exceeding ten thousand men, to serve six or twelve months after they shall have arrived at the place of rendezvous, unless sooner discharged; and the said volunteers shall furnish their own clothes, and, if cavalry, their own horses, and when mustered into service shall be armed and equipped at the expense of the United States. SEc. 2. And be itfurther enacted, That the said volunteers shall be liable to be called upon to do military duty only in cases of Indian hostilities, or to repel invasions, whenever the President shall judge proper, &c., &c. * X SEc. 5. And be itfurther enacted, That the volunteers who may be received into the service of the United States, by virtue of the provisions of this act, shall be entitled to all the benefits which may be conferred on persons wounded in the service of the United States. [178.] [Laws of the U. S., vol. 9, page 349.] CHAP. 475. An act to provide for the payment of certain pensioners in the State of Virginia and Ohio. APPROVED, JUNE 7, 1836. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a3ILITARY AND NAVY PENSION LAWS. 193 the Secretary of War be, and he is hereby, authorized and empowered to establish a pension agency at the city of Wheeling, in the State of Virginia, for the payment of pensioners of the United States resident in the counties of Brooke, Ohio, Marshal], Tyler, Wood, Lewis, Harrison, Randolph, Preston, and Monongalia, in Virginia; and Belmont, Jefferson, Guernsey, Harrison, and Monroe, in the State of Ohio: Provided, That the establishment of such agency can be made and continued without charge to the United States. SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and hereby is, authorized to make the necessary arrangement for the payment of said pensioners. SEC. 3. And be it further enacted, That this act shall take effect from and after the first day of August, eighteen hundred and thirty-six. [179.1 [Laws of the U. S., vol. 9, page 585.] CHAP. 771. An act making appropriations for the payment of the revolutionary and other pensioners of the United States, for the year one thousand eight hundred and thirty-seven. APPROVED, JANUARY 18, 1837. SEC. 1. Be it enacted by the Senate and House qf Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and thirty-seven: For the revolutionary pensioners, under the several acts, other than those of the fifteenth of May, one thousand eight hundred and twenty-eight, the seventh of June, one thousand eight hundred and thirty-two, and the fourth of July, one thousand eight hundred and thirty-six, seven hundred and twelve thousand five hundred and sixty dollars. For the invalid pensioners, under various laws, three hundred and twenty-five thousand three hundred and seventy-six dollars. For pensions to widows and orphans, under the act- of the fourth of July, one thousand eight hundred and thirty-six, five hundred and fifty-two thousand dollars. For pensions to widows and orphans, payable through the office of the Third Auditor, four thousand dollars. [so80.] [Laws of the U. S., vol. 9, page 656.] CHAP. 810. An act to continue the office of Commissioner of Pensions. APPROVED, MARCH 3, 1837. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congrness assembled, That the 20 194 MIILITARY AND NAVY PENSION LAWS. office of Commissioner of Pensions shall be, and the same is hereby, continued, until the fourth day of March, eighteen hundred and forty. SEC. 2. And be itfur'ther enacted, That a Commissioner of Pensions shall be appointed by the President of the United States, by and with the advice and consent of the Senate; and that he shall execute, under the direction of the Secretary of War, such duties in relation to the various pension laws as may be prescribed by the President. SEC. 3. And be it further enacted, That the said Commissioner shall receive an anual salary of three thousand dollars, and have the privilege of sending and receiving letters and packets by mail free of postage. ial.] [Laws of the U. S., vol. 9, page 723.] CHAP. 891. An act making appropriations for the payment of the revolutionary and other pensioners of the United States, for the year one thousand eight hundred and thirty-eight. 1. Appopriations for pensions: Revolutionary pensions: Invalid pensions: Widows and orphans pensions: Half pay pensions. APPROVED, MARCH 10, 1838. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, in addition to former appropriatioins, to be paid out of any money in the treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and thirty-eight: For the revolutionary pensioners, under the several acts other than those of the fifteenth of May, one thousand eght hundred and twenty-eight; the seventh of June, one thousand eight hundred and thirty-two; and the fourth of July, one thousand eight hundred and thirty-six, four hundred and twenty-six thousand seven hundred and seventy-two dollars. For the invalid pensioners, under various laws, one hundred and thirty-four thousand and seventy-five dollars and sixty-two cents. For pensions to widows and orphans, under the act of the fourth of July, one thousand eight hundred and thirty-six, one million four hundred and ninety-two thousand six hundred and eighty-five dollars. For half pay pensioners, payable through the office of the Third Auditor, five thousand dollars. MILITAlRY AND NAVY PENSION LAWS. 195 [182.] [Laws of the U. S., vol. 9, page 746.1 7CHAP. 915. An act directing the transfer of money remaining unclaimed by certain pensioners, and authorizing the payment of the same at the treasury of the United States, 1. Money unclaimed by pensioners to be transferred to the United States Treasury, and to be payable there. 2. Transfer-how to be made. APPROVED, APRIL 6, 1838. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all money which has been, or may hereafter be, transmitted to the agents for paying pensions, which may have remained, or may hereafter remain, in the hands of said agents, unclaimed by any pensioner or pensioners for the term of eight months after the same may have or may become due and payable, shall be transferred to the treasury of the United States; and that all pensions unclaimed, as aforesaid, shall be thereafter payable only at the treasury of the United States, and out of any money not otherwise appropriated. SEC. 2. And be it further enacted, That the transfer directed by the first section of this act shall be made by the draft of the Commissioner of Pensions upon the agents for paying pensions, and in favor of the Treasurer of the United States; and that the form of said draft shall be prescribed by the Secretary of WVar. [ 183. ] [Laws of the U.S., vol. 9, page 821.] CHiAP. 1018. An act to amend " An act authorizing the Secretary of War to establish a pension agency in the town of Decatur, in the State of Alabama, and to provide for the payment of certain pensioners in the said town of Decatur." APPROVED, JULY 5, 1838. SEC. 1. 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 he is hereby, authorized, if in his opinion necessary, to remove and establish said pension agency in the town of Huntsville, Alabama; and, in the event of said removal, the pensions described in said act shall be paid in Huntsville. [184.] [Laws of the U. S., vol. 9, parge 897.] CHAP. 1048. An act granting half pay and pensions to certain widows. 1. Five years' pension granted to widows of revolutionary officers and soldiers married after their term of service, and before first January, 1794. 2. No pledge, mortgage, &c., of the half pay or pension to be valid: Not liable to be seized or attached by any process 196 MIILITARY AND NAVY PENSIOlN LAWS. in law: Oath to be taken by an attorney before the delivery of the warrant. 3. yegunlations and forms. APPROVED, MY 7, 1838. SEc. 1. Be it enacted by the Senate and House of Representa. tives of the United States of America in Congress assembled, That if any person who served in the war of the revolution in the manner specified in the act passed the seventh of June, eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died, leaving a widow, whose marriage took place after the expiration of the last period of his service, and before the first day of January, seventeen hundred and ninetyfour, such widow shall be entitled to receive, for and during the term of five years from the fourth day of March, eighteen hundred and thirty-six, the annuity or pension which might have been allowed to her husband, in virtue of the said act, if living at the time it was passed: Provided, That in the event of the marriage of such widow, said annuity or pension shall be discontinued. SEC. 2. And be it further enacted, That no pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest, in any annuity, half pay, or pension, granted by this act, shall be valid, nor shall the half pay, annuity, or pension, granted by this act, or any former act of Congress, be liable to attachment, levy, or seizure, by any process, in law or equity, but shall enure wholly to the personal benefit of the pensioner or annuitant entitled to the same; and that before a warrant shall be delivered to any person acting for or in behalf of any one entitled to money under this act, such person shall take and subscribe an oath or affirmation, to be administered by the proper accounting officer, and put on file, that he has no interest in said money, by any pledge, mortgage, transfer, agreement, understanding, or arrangement, and that he does not know or believe that the same has been so disposed of to any other person. SEc. 3. And be itfurther enacted, That the Secretary of War shall adopt such regulations and forms of evidence, in relation to applications and payments under this act, as the President of the United. States may prescribe. [ 185.] [Laws of the U. S., vol. 9, page 937.1 CHAP. 1130. A resolution for the benefit of the widows of certain revolutionary okfii cers and soldiers. Half pay extended to widows of officers and soldiers who, died after passage of act of 4th July, 1836. APPROVED, J'ULY 7, 1838. Resolved by the Senate and House of Representative s of the United States of America in Congress assembled, That the benet MILITARY AND NAVY PENSION LAWS. 197 fits of the third section of an act entitled "An act granting half pay to widows or orphans where their husbands and fathers have died of wounds received in the military service of the United States in certain cases, and for other purposes," approved the fourth day of July, eighteen hundred and thirty-six, shall not be withheld from any widow whose husband has died since the passage of the said act, or wvho shall hereafter die, if said widow shall otherwise be entitled to the same. [ 186.] [Laws of the U. S., vol. 9, page 954.] GHAP. 1155. An act making appropriations for the payment of the revolutionary and other pensioners of the United States, for the year eighteen hundred and thirty-nine. APPROVED, FEBRUARY 13, 1839. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, in addition to former appropriations, to be paid out of any money in the treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and thirty-nine: For the revolutionary pensioners, under the several acts other than those of the fifteenth of May, one thousand eight hundred and twenty-eight; the seventh of June, one thousand eight hundred and thirty-two; and the fourth of July, one thousand eight hundred and thirty-six; three hundred and twenty-six thousand two hundred and fifty dollars. For the invalid pensioners, under various laws, three hundred thousand six hundred and eighty-five dollars and sixty-three cents. For pensions to widows and orphans under the act of the fourth of July, one thousand eight hundred and thirty-six, four hundred and ninety thousand and eighty-four dollars and fiftytwo cents. For five years' pensions to widows, per act seventh July, one thousand eight hundred and thirty-eight, one million three hundred and seventy-two thousand dollars. For half pay pensions, payable through the office of the Third Auditor, ten thousand dollars. L 187.] [Laws of the U. S., Pamphlet Edition for 1840.1 -CHAP. 2. An act making appropriations for the payment of the revolutionary and other pensioners of the United States, for the year eighteen hundred and forty. 1. Revolutionary pensioners: Pensions to widows and orphans: Five years' pensions to widows: Half pay pensioners: Arrearages. 2. Pension agents authorized to admia 198 MILITARY AND NAVY PENSION LAWS. ister all oaths required to be administered to pensioners, &c.: Their compensation to be, the same as is, by law, allowed to State officers. APPROVED, FEBRUARY 22, 1840. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, in addition to former appropriations, to be paid out of any money in the treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and forty For the revolutionary pensioners under the act of the eighteenth of March, one thousand eight hundred and eighteen, one hundred and twelve thousand one hundred and thirty-two dollars. For pensions to widows and orphans, under the act of the fourth of July, one thousand eight hundred and thirty-six, twenty-three thousand six hundred and seventy-six dollars. For five years' pensions to widows, under the act of the seventh July, one thousand eight hundred and thirty-eight, eight hundred and sixty-three thousand five hundred and forty dollars. For half pay pensioners, payable through the third Auditor's office, ten thousand dollars. For arrearages, payable through the third Auditor's office, fifteen hundred dollars. SEC. 2. And be it further enacted, That the several agents for paying pensions, now in office, or hereafter to be appointed, shall be, and they are hereby, authorized to administer all oaths required to be Administered to pensioners, attorneys of pensioners, or others, in the course of the preparation of papers for the payment of pensions under any of the laws of Congress; and that the said agents, for the administration of every oath and the proper certificate thereof, shall be, and are hereby, authorized to charge, and shall be entitled to receive, from the person to whorm the oath is adminstered, the same compensation which, by the law of the State in which the agent is located, is allowed to State officers for administering similar oaths and certifying the same. [ lss.] [Laws of the U. S., Pamphlet Edition for 1840.1] CHAP. 4. An act to continue the office of Commissioner of Pensions, and to transfer the pension business, heretofore transacted in the Navy Department, to that office. 1. The office of Commissioner of Pensions continued until 4th March, 1843. 2. A committee to be appointed: How, and his duties. 3. Salary: The franking privilege extended to him. 4. The pension business transacted in the Navy Department tranferred to the office of Commissioner of Pensions, etc. APPROVED, MARCH 4, 1840. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the office of Commissioner of Pensions shall be and the same is MILITARY AND NAVY PENSION LAWS. 199 hereby continued, until the fourth day of MIarch, eighteen hundred and forty-three. SEC. 2. And be it further enacted, That a Commissioner of Pensions shall be appointed by the President of the United States, by and with the advice and consent of the Senate; and that he shall execute, under the direction of the Secretary of War and the Secretary of the Navy, such duties in relation to the various pension laws as may be prescribed by the President. SEC. 3. And be it further enacted, That the said Commissioner shall receive an annual salary of two thousand five hundred dollars, and shall have the privilege of sending and receiving letters and packets by mail free of postage. SEC. 4. And be it further enacted, That the pension business heretofore transacted in the Navy Department, shall he transfered to the office of the Commissioner of Pensions, and that the clerk now employed in that business be also transferred to that office. [189. LLaws of the U. S., Pamphlet Edition for 1840.] CHAP. 17. An act making provision for the payment of pensions to executors or administrators of deceased pensioners in certain cases. I. In case of a pensioner leaving children but no widow. 2. In case of a pensioner who is a widow leaving children. 3. In case of any pensioner leaving children. APPROVED, JUNE 19, 1840. SEC. 1. Be it enacted by the Senate and House of Representatidves of the United States of America in Congress assembled, That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the chillren, to be by him distributed among them in equal shares, andthe same shall not be considered as a part of the assets of saidestate, nor liable to be applied to the payment of the debts of stid estate, in any case whatever. Sir. 2. And be it further enacted, That in case any pensioner wVho s a widow, shall die, leaving children, the amount of pension ~ue at the time of her death shall be paid to the executor or admifistrator for the benefit of her children, as directed in the foregdng section. SEC, 3. And be it further enacted, That in case of the death of an) pensioner, whether male or female, leaving children, the amourt of pension may be paid to any one or each of them, as they rray prefer, without the intervention of an administrator. 200 MILITARY AND NAVY PENSION LAWS. [ 190.] [Laws of the U. S., Pamphlet Edition for 1841.1 CHAP. 5. An act making appropriations for the payment of revolutionary and other pensioners of the United States, for the year eighteen hundred and forty-one, and for other purposes. 1. Revolutionary pensions: Invalid pensions: Pensions to widows and orphans: Five years' pension to widows: Half pay pensions: Arrearages. APPROVED, FEBRUARY 18, 1841. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, in addition to former appropriations, to be paid out of any money in the treasury not otherwise appropriated, for the pensioners of the United States, for the year one thousand eight hundred and fortyone: For the revolutionary pensioners under the act of the eighteenth of March, one thousand eight hundred and eighteen, three hundred and fourteen thousand dollars. For payment of invalid pensions, one hundred and seven thousand dollars. For pensions to widows and orphans under the act of the fourth of July, one thousand eight hundred and thirty-six, four hundred and forty-eight thousand two hundred and forty-one dollars. For five years' pensions to widows under act of the seventh of July, one thousand eight hundred and thirty-eight, one hundred and sixty-eight thousand three hundred and fourteen dollars. For half pay pensions, payable through the offices of the Second and Third Auditors, five thousand dollars. For arrearages, payable through the Second Auditor's office,six hundred dollars. For arrearages, payable through the Third Auditor's office, One thousand dollars. [191.] [Laws of the U. S., Pamphlet Edition for 1841.] CHAP. 16. An act making appropriations for the civil and diplomatic expensesof the government for the year eighteen hundred and forty-one. APPROVED, MARCH 3, 1841. SEC. 1. Be it enacted by the Senate and House of Repr6entatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropiated, to be paid out of any unappropriated money in the treasury, viz: 20. For compensation of clerks transferred from the office of the Secretary of War to the office of the Commissioner of Pasionsp MIILITARY AND NAVY PENSION LAWS. 201 two thousand seven hundred and ninety-three dollars and forty cents. 21. For compensation of one clerk transferred from the Navy Department, per act March four, eighteen hundred and forty, sixteen hundred dollars. [192. ] [Laws of the U. S., Pamphlet Edition for 1842.] CHAP. 4. An act making appropriations for pensions in the year one thousand eight hundred and foity-two. APPROVED, FEBRUARY 12, 1842. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, to Wit: For revolutionary pensions, under the act of the eighteenth of March, eighteen hundred and eighteen, in addition to a probable balance at the end of the year eighteen hundred and forty-one, of one hundred eighty-eight thousand seven hundred and ninetynine dollars, eighty-eight thousand two hundred and sixty-one dollars. For invalid pensions, under various acts, two hundred thousand two hundred and seventy-five dollars. For pensions to widows and orphans, per act of the fourth of July, eighteen hundred and thirty-six, in addition to a probable balance at the end of the year eighteen hundred and forty-one, of thirty-thousand dollars, two hundred forty.two thousand two hundred and forty dollars. For five years' pensions to widows, per act of seventh July, eighteen hundred and thirty-eight, two hundred thousand dollars. [ 193.] [Laws of the U. S., Pamphlet Edition for 1842.] CHAP. 24. An act to provide for the allowance of invalid pensions to certain Cherokee warriors, under the provisions of the fourteenth article of the treaty of eighteen hundred and thirty-five. 1. Certain Cherokee warriors to be allowed pensions at the same rate as officers and soldiers of the regular army. APPROVED, APRIL 14, 1842. SEC. 1. 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 he hereby is, required to place on the pension roll such warriors of the Cherokee nation as were engaged on the side of the United States in the late war with 202 MILITAIRY AND NAVY PENSION LAWS. Great Britain and the Southern Indians, and who were wounded in such service, at the same rates of pension as are allowed by law to the officers and soldiers of the regular army of the United States, under such rules and regulations as to the proof of disability as the Secretary of War shall prescribe; which pensions shall commence from the period of disability. [ 194.] [Laws of the U. S., Pamphlet Edition for 1842.] CHAP. 191. An act to amend the acts of July, eighteen hundred and thirty-six, and eighteen hundred and thirty-eight, allowing pensions to certain widows. 1. Marriage of a widow after the death of her husband to be no bar to her pension if a widow at the time of applying. APPROVED, AUGUST 23, 1842. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the marriage of the widow, after the death of her husband, for whose services she claims a pension under the act of the seventh of July, eighteen hundred and thirty-eight, shall be no bar to the claim of such widow to the benefit of that act, she being a widow at the time she makes application for a pension. [ 195.] [Laws of the U. S., Pamphlet Edition for 1842.] No. 8. A resolution declarative of the pension act of July seventh, eighteen hundred and thirty-eight. Benefits of the act not to be withheld from certain widows. APPROVED, AUGUST 16, 1842. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the benefits of the act, entitled "An act granting half pay and pensions to certain widows," approved the seventh day of July, eighteen hundred and thirty-eight, shall not be withheld from any widow whose husband died after the passage of the act of the seventh of June, eighteen hundred and thirty-two, and before the act of the seventh July, eighteen hundred and thirty-eight, if otherwise entitled to the same. [ 196.] [Laws of the U. S., Pamphlet Editionfor 1843.] CHAP. 4. An act to continue the office of Commissioner of Pensions. 1. Office continued until 4th March, 1846. 2. A Commissioner to be appointed: Granting bounty lands added to his duties. 3. Allowed a salary of $2,500, and the franking privilege. APPROVED, JANUARY 20, 1843. SEC. 1. Be it enacted by the Senate and House of Representa. tives of the United States of America in Congress assembled, That MILITARY AND NAVY PENSION LAWS. 203 the office of Commissioner of Pensions shall be, and the same is hereby, continued until the fourth of March, one thousand eight hundred and forty-six. SEC. 2. And be it further enacted, That a Commissioner of Pensions shall be appointed by the President of the United States, by and with the consent of the Senate, and that he shall execute, under the direction of the Secretary of War and the Secretary of the Navy, such duties in relation to the various pension laws as may be prescribed by the President; and also such duties in relation to the laws granting military bounty lands as may be assigned to him by the Secretary of War with the sanction of the President. SEC 3. And be it further enacted, That the said Commissioner shall receive an annual salary of two thousand five hundred dollars, and shall have the privilege of sending and receiving letters and packets by mail free of postage. [ 197.] [Laws of the U. S., Pamphlet Edition for 1843.1 CHAP. 27. An act making appropriations for pensions for the half calendar year beginning the first day of January and ending the thirtieth day of June, one thousand eight hundred and forty-three; and for the fiscal year beginning the first day of July, one thousand eight hundred and forty-three, and ending the thirtieth day of June, one thousand eight hundred and forty-four. i. Invalid pensions: Revolutionary pensions: Pensions to widows and orphans: Five years' pensions to widows: Arrearages and half pay pensions. APPROVED, FEBRUARY 14, 1S43. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of pensions for the half calendar year beginning on the first day of January and ending on the thirtieth day of June, one thousand eight hundred and forty-three; and for the fiscal year beginning on the first day of July, one thousand eight hundred and forty-three, and ending on the thirtieth day of June, one thousand eight hundred and forty-four: For invalid pensions for the said half calendar year, eighty-six thousand two hundred and forty dollars; and for the said fiscal year, one hundred and fifty-eight thousand four hundred dollars. For revolutionary pensions under the act of the eighteenth March, one thousand eight hundred and eighteen, for the said half calendar year, seventeen thousand six hundred dollars; and for the said fiscal year, one hundred and ninety-two thousand dollars. For pensions to widows and orphans, under the act of fourth of July, one thousand eight hundred and thirty-six, for the said 204 I[IiLITARY AND NAVY PENSION LAWS. half calendar year, four thousand five hundred dollars; and for the said fiscal year, two hundred and twenty-two thousand two hundred and fifty dollars. For five years' pensions to widows, under the act of seventh of July, one thousand eight hundred and thirty-eight, for the said half calendar year, ten thousand dollars; and for the said fiscal year, one hundred and twenty thousand dollars. For arrearages prior to July, one thousand eight hundred and fifteen, payable through the Third Auditor, for the said half calendar year, one thousand dollars; and for the said fiscal year, two thousand dollars. For arrearages and half pay pensions, through the Second Auditor, for the said fiscal year, five hundred dollars. For half pay pensions, payable through the Third Auditor, for the said fiscal year, three thousand dollars. [198.] [Laws of the U. S., Pamphlet Edition for 1843.] CHAP. 102. An act granting a pension to certain revolutionary soldiers. 1. Pensions to certain widows continued one year. 2. $380,000 appropriated therefor. APPROVED, MARCH 3, 1843. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the widow of any person who served in the war of the revolution in the manner set forth in the act approved the seventh day of June, eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," and whose widow, in virtue of an act approved the seventh day of July, eighteen hundred and thirty-eight, entitled "An act granting half pay and pensions to certain widows," and an act approved the twenty-third day of August, eighteen hundred and forty-two, amendatory thereof, and a resolution approved the sixteenth day of August, eighteen hundred and forty-two, entitled "A resolution declarative of the pension act of July seventh, eighteen hundred and thirty-eight," received, or is entitled to, an annuity or pension for the term of five years from the fourth of March, eighteen hundred and thirty-six, shall be entitled to receive the same annuity or pension which she received, or is entitled to receive, under said acts or said resolution, or either of them, for and during the future term of one year from the fourth day of March, eighteen hundred and fortythree, or during such portion of said term as said widow shall survive, subject in all respects, however, to the rules, limitations, and conditions, in and by said acts and resolutions made and provided. SEc. 2. And be it further enacted, That the sum of three hundred and eighty thousand dollars be, and the same is hereby, ap MILITARY AND NAVY PENSION LAWS. 205 propriated, out of any money in the treasury not otherwise appropriated, to pay the annuities or pensions in and by this act granted. [199.] [Laws of the U. S., Pamphlet Edition for 1844.] CHAP, 15. AN ACT making appropriations for the payment of revolutionary and other pensioners of the United States, for the fiscal year ending on the thirtieh of June, one thousand eight hundred and forty,-five. 1. Invalid pensions, $184,800: Pensions under act March 18, 1818, $196,000: Under act of July 7, 1838, and August 23, 1842, $400,000: Under act of July 4, 1836, $134,250: For deficiency in appropriations for previous year, under acts March 3, 1843, July 7, 1838, and August 23, 1842, $40,000: Secretary of War may transfer $220,000, out of the $400,000, appropriated for pensions under act of July 7, 1838, and August 23, 1842, to pay arrearages under said acts, and act of March 3, 1843: Half pay pensions to widows and orphans, $1,000: Arrearages prior to July, 1815, $2,000: No pension to widow for the time her husband received one: No person to receive invalid pension and pay at the same time, unless, &c. APPROVED, APRTL 30, 1844. SEC. 1. Be it enacted by the Senate and -House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated out of any money in the treasury not otherwise appropriated, for the pensioners of the United States for the fiscal year commencing on the first day of July, one thousand eight hundred and fortyfour, and ending on the thirtieth day of June, one thousand eight hundred and forty-five: For invalid pensions, one hundred and eighty-four thousand eight hundred dollars. For pensions under the act of eighteenth March, eighteen hundred and eighteen, one hundred and ninety-six thousand dollars. For pensions under the act of July seventh, eighteen hundred and thirty-eight, and the act supplementary thereto, passed the twenty-third of August, eighteen hundred and forty-two, four hundred thousand dollars. For pensions under the act of July the fourth, eighteen hundred and thirty-six, one hundred and thirty-four thousand two hundred and fifty dollars. For supplying a deficiency in former appropriations for the fiscal year ending June thirty, one thousand eight hundred and forty-four, for pensions under the act of March three, one thousand eight hundred and forty-three, and under the act of seventh of July, eighteen hundred and thirty-eight, and the act of twentythird of August, eighteen hundred and forty-two, forty thousand dollars: Provided, That the Secretary of War may direct the transfer of a part, not exceeding two hundred and twenty thousand dollars, of the sum. of four hundred thousand dollars, appropriated in this act for the payment of pensions under the act of seventh of July, eighteen hundred and thirty-eight, and the act of 2006 31IRITARY AND NAVY PEANSION LAWS. twenty-third August, eighteen hundred and forty-two, to the payment of arrearages under the said acts, and also under the act of third of March, eighteen hundred and forty-three. For half pay pensions to widows and orphans, payable through the Second and Third Auditor's offices, one thousand dollars. For arrearages of pensions prior to July, eighteen hundred and fifteen, payable through Third Auditor's office, two thousand dollars: Provided, That no pension shall be hereafter granted to a widow for the same time that her husband received one: And provided, also, That no person in the army, navy, or marine corps, shall be allowed to draw both a pension as an invalid and the pay of his rank or station in the service, unless the alleged disability for which the pension was granted be such as to have occasioned his employment in a lower grade, or in some civil branch of the service. [200.] [Laws of the U. S., Pamphlet Edition for 1844.] CHAP. 18. An act to authorize the transfer of the names of pensioners from the agencies in the State of Kentucky to the agency in Cincinnati, in the State of Ohio. 1. On application of any pensioners resident in Kentucky, their names to be transferred to agency in Cincinnati. APPROVED, MAY 23, 1844. Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury [Secretary of War] be, and he is hereby authorized to direct the names of any pensioners, resident in the State of Kentucky, to be transferred, on the application of such pensioners, from the agencies in the State of Kentucky, to the agency in Cincinnati, in the State of Ohio. [201.] [Laws of the U. S., Pamphlet Edition for 1844.] CHAP. 63. An act transferring the execution of a certain act from the Secretary of the Treasury to the Secretary of War. * 1. Act of May 23, 1844, to be executed by the Secretary of War. APPROVED JUNE 15, 1844. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled " An act to authorize the transfer of the names of pensioners from the agencies in the State of Kentucky, to the agency in Cincinnati, in the State of Ohio," and approved May twenty-third, eighteen hundred and forty-four, shall be executed by the Secretary of War, instead of the Secretary of the Treasury. X This act became necessary to correct the error of the act referred to. MILITAPRY AND NAVY PENSION LAWS. 207 [ 202.] [Laws of the U. S., Pamphlet Edition for 1844.] CHAP. 102. An act to continue the pension of certain widows. 1. Act of March 3, 1843, granting pensions to widows, extended for four years from March 4, 1844. 2. Widows entitled to benefit of act of July 7, 1838, to have the benefit of this act. APPROVED, JUNE 17, 1844. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act granting pensions to the widows of certain revolutionary soldiers, approved the third day of March, one thousand eight hundred and forty-three, be and the same is hereby revived and extended from and during the term of four years from and after the fourth day of March, one thousand eight hundred and fortyfour, to have the same effect as if said act had been a grant of pensions for five years instead of one year from and after the fourth day of March, one thousand eight hundred and fortythree. SEC. 2. And be it further enacted, That such widows as have been or shall be admitted by special acts of Congress to the benefit of the pension act approved the seventh day of July, one thousand eight hundred and thirty-eight, or to the benefit of the act hereby revived and extended, shall be entitled and shall be admitted to the benefit of this act; subject, however, to the rules, limitations, and conditions in and by said acts prescribed. [ 203.] [Laws of the U. S., Pamphlet Edition for 1845.] CHAP. 14. An act making apppropriations for the payment of revolutionary and other pensioners of the United States, for the year ending the thirtieth June, eighteen hundred and forty-six. 1. Revolutionary pensions: Invalid pensions: Pensions to widows and orphans: Arrearages. 2. Deficiencies for the year ending 30th June, 1845. APPROVED, FEBRUARY 20, 1845. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby appropriated out of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth June, eighteen hundred and forty-six: For revolutionary pensions under act of eighteenth March, eighteen hundred and eighteen, one hundred and eighty-six thousand two hundred dollars. For invalid pensions under various laws, one hundred and eighty-four thousand eight hundred dollars. 208 MILITARY AND NAVY PENSION LAWS. For pensions to widows and orphans under the act of fourth July, eighteen hundred and thirty-six, two hundred and twenty thousand five hundred dollars. For pension to widows under the act of seventh July, eighteen hundred and thirty-eight, and the supplementary act of twentythird August, eighteen hundred and forty-two, one hundred and eighty thousand dollars. For pensions to widows under the act of third March, eighteen hundred and forty-three, eighty thousand dollars. For pensions to widows under the act of seventeenth June, eighteen hundred and forty-four, one million and ninety-six thousand dollars —a part of which sum may be applied to the payment of pensions allowed under said act in the year ending on the thirtieth June, eighteen hundred and forty-five. For half' pay pensions to widows and orphans, payable through the Auditor's office, one thousand five hundred dollars. For arrearages provided for by acts of third March, eighteen hundred and seventeen, and second May, eighteen hundred and twenty, payable through the accounting officers, one thousand dollars. SEC. 2. And be it further enacted, That the following sums be, and the same are hereby appropriated, to supply deficiencies in the appropriations made for the payment of pensions (luring the fiscal year ending on the thirtieth June, eighteen hundred and forty-five, under the following heads, viz: For pensions under the act of July fourth, eighteen hundred and thirty-six, seventy-six thousand dollars. For widows pensions under acts of July seventh, eighteen hundred and thirty-eight, and August twenty-third, eighteen hundred and forty-two, two hundred thousand dollars. For widows pensions under the act of March third, eighteen hundred and forty-three, twenty-nine thousand dollars. [204.] [Laws of the U. S., Statutes at Large, vol. 9, page 3.] CHAP. 4. An act to continue the office of the Commissioner of Pensions, 1. Office of Commissioner of Pensions continued to March 4th, 1849. AIPROVED, JANUARY 14, 1846. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the authority given to continue the office of Commissioner of Pensions by the act of the twentieth of January, eighteen hundred and forty-three, entitled "An act to continue the office of Commissioner of Pensions," be extended to the fourth of March, eighteen hundred and forty-nine, and no longer. "TMLITARY AND NAVY PENSION LAWSY. 209 205.] [Laws of the U. S; Statutes at Large, vol. 9, page 5.] CHAP. 13. Aln act making appropriations for the payment of revolutionary and other pensions of the United States for the year ending the thirtieth June, one thousand eight hundred and forty-seven, and for other purposes. 1. Appropriation: Revolutionary pensions: Invalid pensions: Pensionsltowidows and orphans: Arrearages. 2. Evidence necessary to entitle a widow to a pension: Proviso, that the commissioner is satisfied. 3. Act of 1845, section 4, respecting the re-opening of settled accoults, and the limitation of claims on the;United States, not to apply to pensions. APPROVED, MAY 7, 1846. SEC. 1. Be it enacted by the Senate and House -of Representatives of the United States of America in Congress assembled, That the following sunms be and the same are hereby appropriated, out -of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of' June, one thousand eight hundred -and forty-seven: For revolutionary pensions under the act of eighteenth March, one thousand eight hundred and eighteen, one hundred and sixtysix thousand dollars. For invalid pensions under various acts, two hundred and twenty thousaniid dollars. For pensions to widows and orphans under the act of fourth July, one thousand eight hundred and thirty-six, three hundred and twenty-eight thousand five hundred dollars. For pensions to widows under the act of seventh July, one thousand eight hundred and thirty-eight, and the acts supplementary thereto) three hundred thousand dollars. F-or pensions to widows under the act of third March, one thousand eight hundred and forty-three, eighty thousand dollars. For pensions to widows under the act of seventeenth June, one thousand eight hundred and forty-four, six hundred thousand dollars. For half pay pensions to widows and orphans, payable through the Third Auditor's office, four thousand five hundred dollars. For arrearages prior to July second, one thousand eight hundred and fifteen, payable through the Third Auditor's office, one thousand tVwo hundred dollars. SEC. 2. And be it further enacted, That no widow entitled to a pension under existing laws, and claiming a pension, whose husband was drawing a pension at the time of his decease, shall be required, in any such case, to furnish any further evidence that said husband was entitled to a pension; nor shall any evidence, in any case, be required to entitle the widow to a pension, when the evidence is in the archives of the government, other than such ptroof as would be sufficient to establish the marriage between the applicant and the deceased pensioner in civil personal actions in a. court of justice-: Provided, That, upon a revision of the 21 210 MILITARY AND NAVY PENSION LAWS, testimony in the case of the deceased husband, the commissioner be satisfied that the pension was properly granted. SEC. 3. An'd be itfurther enacted, That the fourth section of an act entitled "An act making appropriations for the civil and diplomatic expenses of the government for the fiscal year ending the thirtieth day of June, A. D. eighteen hundred and forty-six, and for other purposes," shall not be so construed as to apply to applications for pensions. [206.] [Laws of the U. S., Statutes at Large; vol. 9, page 6.] CHAP. 14. An act to supply deficiencies in the appropriations for certain objects made for the service of the fiscal year ending the thirtieth of June, eighteen hundred and forty-six. APPROVED, MAY 8, 1846. SEC. 1. Be it enacted by the Senate and iHouse of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated to supply deficiencies in the appropriations for various objects made for the service of the fiscal year ending on the thirtieth of June, eighteen hundred and forty-six, namely: * 19. For payment of invalid pensions under various laws, seventy-four thousand dollars. 20. For payment of pensions under the act of July four, eighteen hundred and thirty-six, one hundred and two thousand dollars. 21. For payment of widows' pensions under act of July seven, eighteen hundred and thirty-eight, and the acts supplementary thereto, one hundred and three thousand eight hundred dollars. [207.] [Laws of the U. S., Statutes at Large, vol. 9, page 9.] CHAP. 16. An act providing for the prosecution of the existing war between the United States and the Republic of Mexico. 1. The President authorized to employ militia, naval, and military forces of the United States, and to call for and accept volunteers, not exceeding 50,000: Time volunteers are to serve: Ten millions of dollars appropriated. 7. Provision for volunteers wounded ia service. APPROVED, MAY 13, 1846. Whereas, by the act of the Republic of Mexico, a state of war exists between that government and the United States. SEc. 1. Be it enacted by the Senate and HTouse of Representatives of the United States of America in Congress assembled, That, for the purpose of enabling the government of the United States THILITARY AND WAVY PENSION LAWS. 211 -to prosecute said war to a speedy and successful termination, the President be, and he is hereby, authorized to employ the militia, naval, and military forces of the United States, and to call for and accept the services of any number of volunteers, not exceeding fifty thousand, who may offer their services, either as cavalry, artillery, infantry, or riflemen, to serve twelve months after they shall have arrived at the place of rendezvous, or to the end of the war, unless sooner -discharged, according to the time for which they shall have been mustered into service; and that the sum of ten millions of dollars, out of any money in the treasury, or to come into the treasury, not otherwise appropriated, be, and the same is hereby, appropriated for the purpose of carrying the provisions of this act into effect. @ * X * * SEc. 7. And be itfurther enacted, That the volunteers who may be received into the service of the United States by virtue of the provisions of this act, and who shall be wounded or otherwise disabled in the service, shall be entitled to all the benefit which may be conferred on persons wounded in the service of the United S tates. [Laws of the U. S., Statutes at Large, vol. 9, page 126.] CHAP. 13. An act making appropriations for the payment of revolutionary and other pensions of the United States, for the year ending the thirtieth June, one thousand eight hundred and forty-eight. 1. Appropriations: Revolutionary pensioners: Invalid pensioners: Pensions tv, widows and orphans-. Half pay pensions to widows and orphans: Arrearages. 2. Compensation to pension agents: Balance not to accumulate. APPROVED, FEBRUARY 20, 1847. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of June, one thousand eight hundred and forty-eight: For revolutionary pensions, under the act of the eighteenth of March, one thousand eight hundred and eighteen, sixty-seven thousand two hundred dollars. For invalid pensions, under various acts, one hundred and sixtysix thousand dollars. For pensions to widows and orphans, under the act of the fourth of July, one thousand eight hundred and thirty-six, two hundred and fifty-eight thousand dollars. For pensions to widows, under the act of the seventh of July, one thousand eight hundred and thirty-eight, and the acts supplemeentary thereto, two hundred and seventy thousand dollars. 212 MIifLITARY AND NAVY P.EN-SION LAWS, For pensions to widows, under the act of the third of March,, one thousand eight hundred and forty-three, fifty-six thousand dollars. For pensions to widows, under the act of the seventeenth of June, one thousand eight hundred and forty-four, four hundred and eighty thousand dollars. For half pay pensions to widows and orphans,payable. through the Third Auditor's office, five thousand five hundred dollars. For arrearages prior to July first, one thousand eight hundred and fifteen, payable through the Third Auditor's office, one thousand dollars. SEC. 2. And be it further enacted, That from and after the passage of this act, the Secretary of War is hereby authorized to make such compensation to agents for paying pensions as mayr be just and reasonable, to be paid out of the fund appropriated for the payment of revolutionary pensions, but in no case to exceed two per centum on moneys disbursed by them; the said compensation to be in full for all their services, and any contingent expenses that may arise in the discharge of their official duties, books, printing, and stationery excepted: Provided, That the amount of compensation allowed to any one pension agent shall not exceed one thousand dollars per annum: And, provided further, That the Secretary of War shall so regulate the remit-s tances made to pension agents as to prevent an undue accumulation of balances in their hands. [ 209. ] [Laws of the U. S., Statutes at Large, vol. 9, page 210.1 CHAP. 8.'An act making further provisions for surviving widows of the soldiers of the, revolution. 1. Provision for widows of revolutionary soldiers: Pension to cease on marriage. 2. This act extended to widows who are pensioners by special acts. ArPROVED, FEBRUARY 2, 1848. SEc. 1. Be it enacted by the Senate and House of Representas tives of the United States of America in Congress assembled, That if any person who served in the war of the revolution in the manner specified in the act passed the seventh day of June% eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died, or shall hereafter die, leaving a widow, whose marriage took place before the first day of January, one thousand seven hundred and ninety-four, such widow shall be entitled to receive, for and during her natural life, fromn and after the fourth day of March, eighteen hundred and fortyeight, the annuity or pension which might have been allowed to her husband, in virtue of said act, if living at the time it wva MILITARY AND NAVY PENSION LAWS. 2 13 passed, under the same rules, regulations, and restrictions as are prescribed in the act approved July seventh, eighteen hundred and thirty-eight, entitled "An act granting half pay and pensions to certain widows:" Provided, That in the event of the marriage of such widow, said annuity or pension shall be discontinuedo SEC. 2. And be it further enacted, That such widows as have been admitted by special acts of Congress to the benefit of the pension act approved the seventh day of July, one thousand eight hundred and thirty-eight, or to the benefit of the act approved the seventeenth of June, one thousand eight hundred and forty-four, shall be entitled, and shall be admitted to the benefit of this act; subject, however, to the rules, limitations, and restrictions in and by said'acts prescribed. [210.] [Lacws of the U. S., Statutes at Large, vol. 9, page 239.] ~CHAP. 71. An act making appropriations for the payment of revolutionary and other pensions of the United States for the year ending the thirtieth June, one thousand eight hundred and forty-nine. 1. Revolutionary pensions: Invalid pensions: For widows and orphans: For half pay pensions to widows and orphans: Arrearages. 2. Proviso in act of 7th May, 1846, re-.pealed. APPROVED, JUNE 26, 1848. SEC. 1. Be it enacted by the Senate and House of Repjresentatives of the United States of America zn Congress assembled, That the following be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of June, one thousand eight hundred and forty-nine: For revolutionary pensions, under the act of the eighteenth of March, one thousand eight hundred and eighteen, in addition to an unexpended balance remaining in the treasury of eighty-three thousand eight hundred and seventy-seven dollars and forty-three cents, fourteen thousand one hundred and twenty-two dollars and ffty-seven cents. For invalid pensions, under various acts, two hundred and sixty thousand dollars. For pensions to widows and orphans, under the act of the fourth of July, one thousand eight hundred and thirty-six, in addition to an unexpended balance remaining in the treasury of one hundred and fifty-one thousand one hundred and fifty-six dollars and thirty-six cents, thirty-two thousand eight hundred and fortythree dollars and sixty-four cents. For pensions to widows, under the act of the second February, eighteen hundred and forty-eight, in addition to the unexpended balance of two hundred and sixty-three thousand seven hundred 214 MILITARY AND NAVY PENSION LAWS. and twenty-nine dollars and eighty-seven cents remaining in the treasury of a former appropriation for the payment of pensions,, under the act of seventeenth June, eighteen hundred and fortyfour, one hundred and thirty-six thousand two hundred and seventy dollars and thirteen cents. For half pay pensions to widows and orphans, payable through the Third Auditor's office, in addition to an unexpended balance remaining in the treasury of eight thousand seven hundred and ninety dollars and four cents, nine thousand five hundred dollars. For arrearages prior to the first of July, one thousand eight hundred and fifteen, payable through the office of the Second and Third Auditors, in addition to an unexpended balance of three thousand two hundred and one dollars and forty-five cents, eight hundred dollars. SEC. 2. And be it further enacted, That the proviso to the second section of the act enittled "An act making appropriations for the payment of revolutionary and other pensions of the United States for the year ending the thirtieth June, one thousand eight hundred and forty-seven, and for other purposes," approved May seventh, eighteen hundiked and forty-six, be and the same is here.by repealed. [211.1 LLaws of the U.S., Statutes at Large, vol. 9, page 246.] CHAP. 99. An act to extend the provisions of existing pension laws to enlisted men of the ordnance corps of the United States army. 1. Provisions of certain pension laws extended to enlisted men of the ordnance corps and bounty lands granted to those of them who have served in Mexico. APPROVED,. JULY 10, 1848. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acts of Congress granting pensions to soldiers disabled by wounds or otherwise, while in the line of their duty in public service, shall be construed to apply to the enlisted men of the ordnance department who have been or may be disabled in the same manner as to non-commissioned officers, artificers, musicians, and privates of other corps of the army, subject to the limitation that in no such case shall the pension exceed the rate of eight dollars per month. SEc. 2. And be it further enacted, That those enlisted men of the ordnance department who have served or may serve in Mexico, during the war with that country, shall be entitled to, and shall receive, the same bounty in land as is or may be allowed by law to other regular troops in the service of the United States, and under like limitations and restrictions. MILITARY AND NAVY PENSION LAWS. 215 [212.] [Laws of the U. S., Statutes at Large, vol. 9, page 265.] CHAP. 120. An act for the relief of certain surviving widows of officers and soldiers of the revolutionary rrmy. 1. Certain widows of revolutionary officers and soldiers to be entitled to a pension of equal amount to that their husbands would be entitled to, if living: No widow now receiving a pension to be entitled to a further pension under this act. 2. No mortgage, sale, assignment, &c., of claims under this act to be valid: Rules of evidence. 3. This act to take effect immediately. APPROVED, JULY 29, 1848. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the widows of all officers, non-commissioned officers, musicians, soldiers, mariners, or marines, and Indian spies, who shall have served in the continental line, State troops, volunteers, militia, or in the naval service, in the revolutionary war with Great Britain, shall be entitled to a pension during such widowhood, of equal amount per annum that their husbands would have been entitled to, if living, under existing pension laws; to commence on the fourth day of March, eighteen hundred and forty-eight, and to be paid in the same manner that other pensions are paid to widows; but no widow now receiving a pension shall be entitled to receive a further pension under the provisions of this act; and no widow married after the first day of January, one thousand eight hundred, shall be entitled to receive a pension under this act. SEC. 2. And be it further enacted, That any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest, in any way granted by this act, shall be utterly void and of no effect, nor shall the annuities or pension granted by this act be liable to attachment, levy, or seizure by any process of law or equity, but shall enure wholly to the personal benefits of the pensioner or annuitant entitled to the same. The same rules of evidence, regulations, and prescriptions shall apply and govern the Commissioner of Pensions and pension agents under this act as now prevail under existing pension laws which relate to widows of revolutionary officers and soldiers. SEC. 3. And be it further enacted, That this act shall take effect immediately. l213.] [Laws of the U. S., Statutes at Large, vol. 9, page 341.] CHAP. 20. An act to continue the office of the Commissioner of Pensions. 1. Office of Commissioner of Pensions continued till further legislation: Salary. APPROVED, JANUARY 19, 1849. SEC. i. Be it enacted by the Senate and House of Representalives of the United States of America in Congress assembled, That 216 MILITARY AND NAVY. PENSION LAWS. the authority given to continue the office of Commissioner of Pensions by the act of the fourteenth of January, eighteen hundred and forty-six, entitled "An act to continue the office of Commissioner of Pensions," be extended until further legislation by Congress; and that said Commissioner shall receive the same rate of compensation which was paid to him during the year ending December thirty-first, eighteen hundred and forty-eight. L 214. ] [Lazws of the U. S., Statutes at Large, vol. 9, page 345.] CHAP. 53. An act making appropriations for the payment of revolutionary and other pensions of the United States for the year ending the thirtieth of June, pne thousand eight hundred and fifty. 1. Revolutionary pensions, $58,400: Invalid pensions, $272,000: For widows and orphans, $132,000: Half pay pensions to widows and orphans, $11,764 57: Arrearages, $ 1,000. 2. Deputies or clerks of agents for paying pensions may administer oaths. APPROVED, FEBRUARY 19, 1849. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated out of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of June, one thousand eight hundred and fifty: For revolutionary pensions, under the act of the eighteenth of March, one thousand eight hundred and eighteen, twenty-eight thousand four hundred dollars. For invalid pensions, under various acts, two hundred and seventy-two thousand dollars. For pensions to widows, under the act of the second of February, one thousand eight hundred and forty-eight, one hundred and thirty-two thousand dollars. For pensions to widows and orphans, under the act of the twenty-first of July, one thousand eight hundred and forty-eight, twenty-four thousand dollars. For half pay pensions to widows and orphans, under the act of the sixteenth of March, one thousand eight hundred and twelve, and the act of the sixteenth of April, one thousand eight hundred and sixteen, in addition to an unexpended balance remaining in the treasury of eleven thousand seven hundred and sixty-four dollars and fifty-seven cents, payable through the Third Auditor's office, ten thousand dollars. For arrearages prior to the first of July, one thousand eight hundred and fifteen, under the act of the first of May, one thousand eight hundred and twenty, in addition to an unexpended balance remaining in the treasury of two thousand nine hundred and fourteen dollars and eighty-nine cents, payable through the Third Auditor's office, one thousand dollars. MILITARY AND NAVY PENSION LAWS. 217 SEC. 2. And be it further enacted, That whenever any agent for paying pensions shall have a deputy or clerk, authorized by law, said deputy or clerk shall have like power to administer oaths or affirmations as said agent may have; and all oaths and affirmations taken before said clerk or deputy, shall be of like obligation, and subject to like penalties for false swearing or affirmation, as if taken before the pension agent himself. [215.] [Laws of the U. S., Statutes at Large, vol. 9, page 347.] CHAP. 62. An act granting five years' half pay to certain widows and orphans of officers, non-commissioned officers, musicians, and privates, both regulars and volunteers. 1. How the act of 20th July, 1848, amending the act granting half pay pensions to widows and orphans, is to be construed. APPROVED, FEBRUARY 22, 1849. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States 9f America in Congress assembled, That the provisions of the second section of the act entitled " An act amending the act entitled'An act granting half pay to widows or orphans, where their husbands and fathers have died of wounds received in the military service of the United States,' in cases of deceased officers and soldiers of the militia and volunteers," approved July twenty-first, eighteen hundred and forty-eight, shall be so construed as to embrace all widows and orphans of officers, non-commissioned officers, musicians, and privates, whether of the regular army or of volunteers, who have received an honorable discharge, or who remained to the date of their death in the military service of the United States, and who have died, since their return to their usual place of residence, of wounds received or from disease contracted wMhile in line of duty, subject to such rules, regulations, and restrictions, as the Secretary of War, by the third section of said act, is authorized to impose. [216.] [Laws of the U. S., Statutes at Large, vol. 9, page 418.] No. 14. Joint Resolution relative to evidence in applications for pensions by widows of deceased soldiers, under the act of July twenty-first, eighteen hundred and forty-eight. 1. What shall be considered satisfactory evidence in applications by certain widows or pensions. APPROVED, MARCE 3, 1849. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in all 218 MILITARY AND NAVY PENSION LAWS. applications for pensions by the widows of deceased soldiers, und der the act of July twenty-first, eighteen hundred and forty-eight, the returns on the rolls of the disease of which the soldier died, and the official opinion of the surgeon general founded thereon, that from the nature of the disease it was contracted while the soldier was in the line of his duty, shall be considered satisfactory evidence thereof, without the proof now required at the Pension Office; and that it shall be the duty of the Commissioner of Pensions, in all cases of application for pensions under said act, to apply to the proper officers for said evidence, without requiring the applicant to furnish the same. [217.1 [Laws of the U. S., Statutes at Large, vol. 9, page 395.] CHAP. 108. An act to establish the Home Department, and to provide for the Treasury Department an Assistant' Secretary of the Treasury, and a Commissioner of the Customs.* 1. New Executive Department created, to be called the {" Department of the Interior: " Secretary of the Interior-how to be appointed; his salary. 2. Secretary of the Inteterior to have supervision of the Patent Office. 3. And of the General Land Office. 4. And of the accounts of marshals, clerks, and officers of courts of the United States, &c. 5. And of the Commissioner of Indian Affairs, &c. 6. And of the Commissioner of Pensions, &c. 7. And of the taking and making returns of census, &c. 8. And of the lead and other mines of the United States. 9. And of the Commissioner of Public Buildings, &c.: Proviso. 10. And over the penitentiary of the District of Columbia. 11. Secretary to appoint a chief clerk; his salary: Certain clerks in the Treasury Department to be transferred to the office of Secretary of the Interior: Appointment of clerks. 12. Commissioner of Customs to be appointed; his salary: Clerks to be transferred from office of First Comptroller, and chief clerk to be appointed by Secretary of the Treasury. 13. Assistant Secretary of the Treasury to be appointed; his salary,powers, and duties: Clerk at $1700 per annum to be appointed. 14. Messengers and portion of the contingent fund to be transferred from First Comptroller's office and Treasury Department to office of Commissioner of Customs and Department of Interior. 15. The powers and duties devolved on the Secretary of the Treasury by the Independent Treasury act not to be impaired. APPROVED, MARCH 3, 1849. Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the passage of this act, there shall be created a new executive department of the government of the United States, to be called the Department or Interior; the head of which department shall be called the Secretary of the Interior, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and who shall hold his office by the same tenure, and receive the same salary, as the Secretaries of the other executive departments, and who shall perform all the duties assigned to him by this act. * This act is inserted entire on account of the new era it creates in many Departments, and in the Pension Office in particular. MILITARY AND NAVY PENSION LAWS. 219 SEC. 2. And be it furt/her enacted, That the Secretary of the Interior shall exercise and perform all the acts of supervision and appeal in regard to the office of Commissioner of Patents, now exercised by the Secretary of State; and the said Secretary of the Interior shall sign all requisitions for the advance or payment of money out of the treasury on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the First or Fifth Auditor or First Comptroller of the Treasury. SEC. 3. And be it further enacted, That the Secretary of the Interior shall perform all the duties in relation to the General Land Office, of supervision and appeal, now discharged by the Secretary of the Treasury; and the said Secretary of the Interior shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, approved or certified by the Commissioner of the General Land Office, subject to the same control now exercised by the First Comptroller of the Treasury. SEC. 4. And be it further enacted, That the supervisory power now exercised by the Secretary of the Treasury over the accounts of the marshals, clerks, and other officers of all the courts of the United States, shall be exercised by the Secretary of the Interior, who shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same control now exercised on like estimates or accounts by the First Auditor and First Comptroller of the Treasury. SEC. 5. And be itfurther enacted, That the Secretary of the Interior shall exercise the supervisory and appellate powers now exercised by the Secretary of the War Department, in relation to all the acts of the Commissioner of Indian Affairs; and shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the Second Auditor and Second Comptroller of the Treasury. SEC. 6. And be it further enacted, That the Secretary of the Interior shall exercise the supervisory and appellate powers now exercised by the Secretaries of the War and Navy Departments, in relation to all the acts of the Commissioner of Pensons; and shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the Third or Fourth Auditors and Second Comptroller of the Treasury. SEC. 7. And be it further enacted, That the Secretary of the Interior shall exercise all the supervisory and appellate powers now exercised by the Secretary of State, in relation to all acts of marshals and others in taking and returning the census of the United States; and shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised over 220 MILITARY AND NAVY PENSION LAWS. similar estimates and accounts by the Fifth Auditor and First Comptroller of the Treasury. SEC. 8. And be it further enacted, That the supervisory and appellate powers now exercised by the Secretary of the Treasury over the lead and other mines of the United States, and over the accounts of the agents thereof, shall be exercised by the Secretary of the Interior; who shall sign all requisitions for the ad~vance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the Second Auditor and Seeand Comptroller of the Treasury. SEC. 9. And be it further enacted, That the supervisory and appellate powers now exercised by the President of the United States over the Commissioner of Public Buildings, shall be exercised by the Secretary of the Interior; who shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the First Auditor and First Comptroller of the Treasury: Provided, That nothing in this section contained shall be construed to take from the presiding officers of the two Houses of Congress the power now possessed by them to make and enforce rules and regulations for the care, preservation, orderly keeping, and police of the Capitol, and its appurtenances. SEc. 10. And be it further enacted, That the Secretary of the Interior shall have and exercise a supervisory power and control over the Board of Inspectors and Warden of the Penitentiary of the District of Columbia; and shall sign all requisitions for the advance or payment of money out of the treasury on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the First Auditor and First Comptroller of the Treasury. SEC. 11. And be it further enacted, That the Secretary of the Interior is hereby authorized to appoint a chief clerk of his Department, who shall receive a salary of two thousand dollars per annum; and that the President of the United States, on the recommendation of the said Secretary of the Interior, may transfer from the Treasury Department proper, to the Department of the Interior, such clerks in the office of the Secretary of the Treasury as perform the duties over which the supervision and control are given by this act to the Secretary of the Interior; which said clerks shall be hereafter subject to the appointing and removing power of the Secretary of the Interior, as also the clerks in the several bureaus heretofore appointed or removable by the heads of departments, which bureaus are transferred by this act to the Department of the Interior. SEC. 12. And be it further enacted, That an officer shall be appointed by the President of the United States, by and with the advice and consent of the Senate, in the Department of the Treasury, as one of its bureaus, to be called the Commissioner of MILITARY AND NAVY PENSION LAWS. 221 Customs," who shall perform all the acts and exercise all the powers, now devolved by law on the First Comptroller of the Treasury, relating to the receipts from customs and( the accounts of collectors and other officers of the: customs, or connected therewith; who shall hold his office by the same tenure, and receive the same amount of salary, as the First Auditor of the: Treasury, and payable in the same manner. And the Secretary of the Treasury shall transfer from the office of the First Comptroller such clerks as may be necessary to the bureau of the Commissioner of Customs, for whom the said Secretary of the Treasury shall also appoint one chief clerk, at a salary of seventeen hundred dollars per annum. SEC. 13. And be it further enacted, That an officer shall be appointed in the Treasury Department by the Secretary of the Treasury, to be called the Assistant Secretary of the Treasury, whose salary shall be three thousand dollars per annum, payable in the same manner as that of the Secretary of the Treasury, who shall examine all letters, contracts, and warrants, prepared for the signature of the Secretary of the Treasury, and who shall perform all such other duties in the office of the Secretary of the Treasury, now performed by some of his clerks, as may be devolved on him by the Secretary of the Treasury; who shall also appoint a clerk at a salary of seventeen hundred dollars per annum, who shall perform such duties as a clerk in the Treasury Department, in aid of said Assistant Secretary, as may be assigned to him by the Secretary of the Treasury. SEC. 14. And be it further enacted, That the Secretary of the Treasury shall transfer from the office of the First Comptroller one of his messengers, to perform the same duties in the office of the Commissioner of Customs, as also such portion of the contingent fund of the office of the First Comptroller as may be required in that of the Commissioner of Customs, in consequence of the transfer of clerks from one office to another, or the transfer of a messenger from that office to another. And the Secretary of the Treasury shall transfer one of his messengers to the, office of the Secretary of the Interior, as also such portion of the contingent fund of the Secretary of the Treasury as may be required in the office of the Secretary of the Interior, in consequence of the transfer of clerks from one department to the other. SEC. 15. And be it further enacted, That nothing in this act contained shall be so construed as to affect or impair any of the powers conferred, or duties devolved, on the Secretary of the Treasury, in relation to the transfer, safe-keeping, or disbursement of public moneys, by the act of the act of the sixth of August, one thousand eight hundred and forty-six, entitled "An act to provide for the better organization of the treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenue," a~5 ~MILITARY AND NAVY PENSION LAWS. [218.] [Laws of the U. S., Statutes at Large, vol. 9, page 444.] CHAP. 40. An act making appropriations for the- payment of revolutionary and other pensions of the United States for the year ending the thirtieth of June, one thousand eight hundred and fifty-one. 1. Appropriations for pensions for 1850-'51: Revolutionary pensions: Invalid pensions: Pensions to widows and orphans: Pensions to widows, under the act of 7th July, 1838: Pensions to widows, under the act of 1843: Pensions to widows, under the acts of 1844, and 1848: Half pay pensions to widows and orphans, under the acts of 1802 and 1816, in addition to an unexpended balance. APPROVED, AUGUST 17, 1850. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of pensions, for the year ending the thirtieth of' June, one thousand eight hundred and fifty-one: For revolutionary pensions under the act of the eighteenth of March, one thousand eight hundred and eighteen, forty-seven thousand eight hundred and eighty-three dollars. For invalid pensions under various acts, three hundred thousand dollars. For pensions to widows and orphans, under the acts of the fourth of July, eighteen hundred and thirty-six, and twenty-first of July, eighteen hundred and forty-eight, three hundred and sixty thousand six hundred dollars. For pensions to widows under the act of the seventh of July, one thousand eight hundred and thirty-eight, sixty thousand dollars. For pensions to widows under the act of the third of March, one thousand eight hundred and forty-three, twenty thousand dollars. For pensions to widows under the acts of the seventeenth of June, one thousand eight hundred and fourty-four, second of February, one thousand eight hundred and forty-eight, and twentyninth of July, one thousand eight hundred and forty-eight, five hundred and eighty-four thousand dollars. For half pay pensions to widows and orphans, under the act of the sixteenth of March, one thousand eight hundred and twelve,* and the act of the sixteenth of April, one thousand eight hundred and sixteen, in addition to an unexpended balance remaining in the treasury of five thousand two hundred and seventy-nine dollars and fifty cents, payable through the Third Auditor's office, eighteen thousand four hundred and ten dollars. This should be March 16, 1802. MILITARY A1D3 NAVY PENSION LAWS. 223 [219.] [Laws of the U. S., Statutes at Large, vol. 9, page 564.] No. 20. Joint Resolution explanatory of certain acts therein mentioned. Provisions of second section of the "Act granting half pay to widows or orphans," &c., of July 21, 1848, extended. APPROVED, SEPTEMBER 28, 1850. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the second section of the act entitled "An act amending the act entitled'An act granting half pay to widows or orphans where their husbands and fathers have died of wounds received in the military service of the United States,"' approved July twenty-one, eighteen hundred and forty-eight, extended by the act of February twenty-two, eighteen hundred and forty-nine, shall be construed to embrace the widows and orphans of all persons designated therein, who died while in actual service in the late war with Mexico, or in going to and returning from the same; and also to the widows and orphans of all such persons as, having been honorably discharged, or having resigned, shall have died after the passage of said last mentioned act, or who may hereafter die, of wounds received or from disease contracted while in said service: Provided, That the army rolls showing the death of any of said persons in the army shall be sufficient evidence to establish that fact [220.] [Laws of the U. S., Statutes at Large, vol. 9, page 570.] CHAP. 12. An act to supply deficiencies in the appropriations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-one. APPROVED, FEBRUARY 27, 1851. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated to supply deficiencies in the appropriations for the service of the fiscal year ending the thirtieth of June, one thousand eight hundred and fifty-one, out of any moneys in the treasury not otherwise appropriated, namely: * * * 24. For invalid pensions, under various acts, one hundred and sixty-three thousand dollars. 25. For pensions to widows and orphans, under the acts of the fourth of July, eighteen hundred and thirty-six, and twenty-first July, eighteen hundred and forty-eight, seventy-four thousand eight hundred and twenty dollars. 26. For pensions to widows, under the act of seventh July, one thousanud eight hundred and thirty-eight, fifty-six thousand dollars. 27. For pensions to widows, under the act of the third of 224 MILITATRY AND NAVY PENSION LAWS. March, one thousand eight hundred and forty-three, twelve thousand dollars. 28. For pensions to widows, under the acts of the seventeenth of June, one thousand eight hundred and forty-four, second of February, one thousand eight hundred and forty-eight, and twenty-ninth of July, one thousand eight hundred and forty-eight, forty-four thousand dollars. [221.] [Laws of the U. S., Statutes at Large, vol. 9, page 574.] CHAP. 13. An act making appropriations for the payment of revolutionary and other pensions of the United States, for the year ending the thirtieth of June, one thousand eight hundred and fifty-two. APPROVED, FEBRUARY 27, 1851. SAEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of June, one thousand eight hundred and fifty-two: For revolutionary pensions, under the act of the eighteenth of March, one thousand eight hundred and eighteen, fifty-eight thou, sand dollars. For invalid pensions, under various acts, five hundred thousand five hundred dollars. For pensions for widows and orphans, under the acts of July the fourth, one thousand eight hundred and thirty-six, and July the twenty-first, eighteen hundred and forty-eight, six hundred and forty thousand seven hundred and sixty dollars, For pensions to widows, under the act of seventh July, eighteen hundred and thirty-eight, sixty thousand dollars. For pensions to widows, under the act of the third of March, eighteen hundred and forty-three, twenty thousand dollars. For pensions to widows, under the acts of the seventeenth June, eighteen hundred and forty-four, second of February, eighteen hundred and forty-eight, and twenty-ninth of July, eighteen hundred and forty-eight, eight hundred and sixty-two thousand six hundred and forty dollars. For half pay pensions to widows and orphans, provided for by the eleventh section of an act approved January the twentyninth, eighteen hundred and thirteen, and the first and second sections of an act approved the sixteenth of April, eighteen hundred and sixteen, in addition to a balance remaining in the treas, ury undrawn on the fifteenth of October, eighteen hundred and fifty, of twenty-seven thousand three hundred and fifty-six dollars and nine cents, ten thousand dollars. MILITARY AND NAVY PENSION LAWS 2s25 [ 222.] [ Laws of the U. S., Statutes at Large, vol. 9, page 595.];CEHAP. 55. An act to found a. Military Asylum for the relief and support of invalid and disabled soldiers of the army of the United States. 1. Who are to be members of the asylum. 4. Who entitled to the privileges of the asylum. 5. Dischargoe on recovery' Pensioners to be entitled to the privileges of the asylum, on transferring their pensions while availing themselves of it. 6. Soldiers convicted o! felony, or other disgraceful or infamous crime, excluded from said privileges. APpROVED, MARCH 3, 1851, SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, all soldiers of the army of the United States, and all soldiers who have been., or may hereafter be, of the army of the United States, whether regulars or volunteers, and who have contributed, or may hereafter contribute, according to section seven of this act, to the support of the military asylum hereby created, shall, under the restrictions and provisions which follow, be members of said asylum, with all the rights annexed thereto. " *' SE.c. 4. And be it further enacted, That the following - persons, members of the army asylum, according to section one, shall be entitled to the rights and benefits herein conferred, and no others, viz: Every soldier of the army of' the United States who shall have served, or may serve, honestly and faithfully, twenty years in the same, and every soldier, and every discharged soldier, whether regular or volunteer, who shall have suffered by reason of disease or wou-nds incurred in the service and the line of his duty, rendering him incapable of further military service, if such disability has not been occasioned by his own misconduct: Provided, That no deserter, mutineer, or habitual drunkard, shall be received without such evidence of subsequent service, good conduet, and reformation of character, as the commissioners shall deem sufficient to authorize his admission. SEC. 5. And be it further eanacted, That any soldier admitted into this institution, for disability as aforesaid, and who shall recover his health, so as' to fit him again for military service, (he being under fifty years of age,) shall be discharged: Provided, That any pensioner on account of wounds or disability incurred in the military service although he may not have contributed to the funds of the institution, shall be entitled to all the benefits herein provided, upon transferring his pension to: said asylum, for and during the period that he may voluntarily continue to receive such benefits. SEC. 6. And be it further enacted, That the provisions of the ioregoing sections shall not be extended to any soldier in the regular or volunteer service, who sihall have been convicted of felony, or other other isgraceful or infamous crimes of a civil nature, since he shall have been admitted into t he service of the United St(ates, 226 MILITARY AND NAVY PENSION LAWS, [ 223.1 [Laws of the U. S., Statutes at Large, vol. 9, page 647.j No. 6. Joint resolution' explaining the acts of seventh July, eighteen hundred anO thirty-eight, March third, eighteen hundred and forty-three, and Jane seventeenth, eighteen hundred and forty-four. The benefits of the acts of 1838, 1843, and 1844, granting pensions to widows, extended to those whose husbands died after the passage of those acts. APPROVED, IARCH 3, 1851. Resolved by the Senate and House of Representatives of the United States of America in Cong'ress assembled, That the benefits of the acts of July seventh, eighteen hundred and thirtyeight, granting pensions for five years; of the act of March hird, eighteen hundred and forty-three, granting pensions for one year; and of the act of June seventeenth, eighteen hundred and forty-four, extending the act of March third, eighteen hundred and forty-three, for the term of four years, to certain widows, shall not be withheld from any widow whose husband died since the passage of either of said acts, if said widow shall be otherwise entitled to the same: Provided, That no pension shall be granted to said widow for the same time her husband received one. [224.1 [Laws of the U. S., Statutes at Large, vol. 9, page 249.1 CHAP. 108. An act amending the act entitled " An act granting half pay to widows or ophans, where their husbands and fathers have died of wounds received in the military service of the United States," in case of deceased officers and soldiers of the militia and volunteers, passed July fourth, eighteen hundred and thirty-six. 1. Provisions of the act of July 4, 1836, granting half pay to widows or orphans, made applicable to all widows or orphans of officers, soldiers, &c., who were in the army 1st March, 1846, and during the present war with Mexico. 2. Widows and orphans herein provided for to receive the same rate of pensions as is provided for in the above act. 3. Pensions under this act to be granted under such rules as the Secretary of War may prescribe. APPROVED, JULY 21, 1848. Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the first section of the act entitled "An act granting half pay to widows or orphans, where their husbands and fathers have died of wounds received in the military service of the United States, in certain cases, and for other purposes," approved July, fourth, eighteen hundred and thirty-six, shall be applicable to all widows and orphans of officers, non-commissioned officers, musicians, and soldiers, of the army of the United States, who were in the army of the United States on the first day of' March, eighteen hundred and forty-six,. or at any subse MILITARY AND NAVY PENSION LAWS. 227 quent period during the present war between the United States and Mexico. SEC. 2. And be it further enacted, That all widows and orphans of officers, non-commissioned officers, musicians, and privates, whether of the regular army or of volunteers, who have died since the first day of April, one thousand eight hundred and forty-six, or who may die during the war with Mexico, from wounds received or from desease contracted while in the line of duty, shall be entitled to the same rate of pension as is provided for in the first section of the before mentioned act, under like limitations and restrictions: Provided, said death has occurred, or may hereafter occur, while said officers, non-commissioned officers, musicians, or privates, were in the service of the United States, and in the line of duty; or while returning to their usual place of residence in the United States, after having received a discharge upon a surgeon's certificate for disability incurred from wounds received, or disease contracted, while in the line of duty, or while on their march to join the army in Mexico: And provided further, That this act shall not be applicable to the widows and orphans of such officers, non-commissioned officers, musicians, or privates, who have not served in Mexico, or at posts or stations on the borders of Mexico, except where such officers, non-commissioned officers, musicians, or privates, have died while on their march to join the army in Mexico. SEC 3. And be it further enacted, That all pensions under this act shall be granted under such rules, regulations, restrictions, and limitations as the Secretary of War, with the approbation of the President of the United States, may prescribe.* * This act was overlooked in the order of its date; see page 215 for its proper place. The act of July 4, 1836, referred to above, will be found under the head of Seafencibles, Rangers, &c.-sequel. AVY PEN S ION LAWS-PROPER; TOGETHER WITH THE PENSION PROVISIONS FOR MARINES, PRIVATEERSMEN, REVENUE CUTTERS, &c.* [225.] [Laws of the U. S., vol. 3, page 5.] CHAP. 7. An an act providing a naval armament. 1. President authorized to cause three frigates to be manned and employed. 2. Commissioned officers to be employed on board the frigates. 3. Warrant officers to be appointed by the President. 4. Number and composition of the crews. 11. Wounded or disabled offcers and seamen to be placed on the list of invalids: Limitation of the compensation in case of wounds: Proportionate allowance for inferior disabilities. APPROVED, JULY 1, 1791. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That tle President of the United States be, and he is hereby, empowered, should he deem it expedient, to cause the frigates United States, Constitution, and Constellation, to be manned and employed. SEc. 2. And be it further enacted, That there shall be employed on board each of the ships of forty-four guns, one captain, four lieutenants, two lieutenants of marines, one chaplain, one surgeon, and two surgeon's mates; and in the ship of thirty-six guns, one captain, three lieutenants, one lieutenant of marines, one sugeon, and one surgeon's mate. SEC. 3. And be it further enacted, That there shall be employed, in each of the said ships, the following warrant officers, who shall be appointed by the President of the United States, to wit: one sailing master, one purser, one boatswain, one gunner, * Although it is entirely impracticable to make a complete separation of the legal provisions for military and navy pensions,without mutilating them, when they are too closely interwoven to admit of it; yet, so far as it could be done, that course has been adopted as conducing to the elucidation of their tendency to form distinct systems. And as marine and privateer pension provisions have an essential affinity and alliance with navy pensions, they are also here introduced in that connexion. [I:YIt has already been noted at page 1 of this compilation that the early pension provisions for the naval service and disabilities incurred therein, were made in inseparable connexion with those for the military Service, and so continued to be, to a considerable extent: in such cases, therefore, they have already been inserted in that con)exion, and need not be repeated under this division of navy pensionsi proper. Thty will, however, be found satisfactorily referred to in the index. 230 NAVY PENSION LAWS, &C. one sailmaker, one carpenter, and eight midshipmen; and the following petty officers, who shall be appointed by the captains of the ships, respectively, in which they are to be employed, viz: two master's mates, one captain's clerk, two boatswain's mates, one cockswain, one sailmaker's mate, two gunner's mates, one yeoman of the gunroom, nine quarter gunners, (and, for the two larger ships, two additional quarter gunners,) two carpenter's mates, one armorer, one steward, one cooper, one master at arms, and one cook. SEc. 4. And be it further enacted, That the crews of each of the ships of forty-four guns shall consist of one hundred and fifty seamen, one hundred and three midshipmen and ordinary seam en, three sergeants, three corporals, one drum, one fife, and fifty marines; and that the crew of the ship of thirty-six guns, shall consist of one hundred and thirty able seamen and midshipmen, ninety ordinary seamen, two sergeants, two corporals, one drum, one ife, and forty marines, over and above the officers herein before mentioned. * * * * * * * SEC. 11. And be it further enacted, That if any officer, noncommissioned officer, marine, or seaman, belonging to the navy of the United States, shall be wounded or disabled, while in the line of his duty in public service, he shall be placed on the list of the invalids of the United States, at such rate of pay, and under such regulations, as shall be directed by the President of the United States: Provided always, That the rate of compensation to be allowed for such wounds or disabilities, to a commissioned or warrant officer, shall never exceed, for the highest disability, half the monthly pay of such officer at the time of his being so disabled or wounded; and that the rate of compensation to non-commissioned officers, marines, and seamen, shall never exceed five dollars per month: And provided, also, That all inferior disabilities shall entitle the person so disabled to receive an allowance proprotionate to the highest disability. [226.1 [Laws of the U. S., vol. 3, page 241.] CHAP. 130. An act for the government of the navy of the United States. 1. Rules and regulations for the government of the navy: Duty of commanders, &c. 5. Captured national ships the property of the United States; other vessels, being superior, the property of the captors; vessels of inferior force to be equally divided. 6. Distribution of prize money and bounty: Any officer having more posts than one, to share according to the superior office only: Ships in sight to share equally; but not privateers: Commanders to transmit a true list of officers and men on board prizes: Rights and privileges of commanders-in-chief, commanders of squadrons, captains, &c., in relation to captures, defined: Captains sailing under special orders, act separately: Bounty on captures. 7. Rates of salvage. 8. Allowance of half pay to persons disabled in the line of duty. 9. Prize money belonging to the United States to be a fund to discharge the half pay: If the fund be more than sufficient, the surplus to be applied, &c. 10. The fund to be under the management of the Secretary of the Navy, Secretary of the Trea NAVY PENSION LAWS, &o. 231 r,-xl'y, and the Secretary of War: The Secretaries mentioned to invest the sums in stock: Statement to be laid before Congress. APPROVED, MARCH 2, 1799. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of Amnerica in Congress assembled, That the following rules and regulations be adopted and put in force, for the government of the navy of the United States: ARTICLE 1. The commanders of all ships and vessels, belonging to the United States, are strictly required to show, in themselves, a good example of honor and virtue to their officers and men; and to be very vigilant in inspecting the behavior of all such as are under them, and to discountenance and suppress all dissolute, immoral, and disorderly practices; and, also, such as are contrary to the rules of discipline and obedience, and to correct those who are guilty of the same, according to the usage of the sea service. * * * * X SEC. 5. And be itfurther enacted, That.11 captured national ships or vessels of war be the property of the United States; al other ships or vessels, being of superior force to the vessel making the capture, in men or in guns, shall be the sole property of the captors; and all ships or vessels of inferior force, shall be divided equally between the United States and the officers and men of the vessel making the capture. SEC. 6. And be itffurther enacted, That the produce of prizes -taken by the ships of the United States, and bounty for taking the ships of the enemy, be proportioned and distributed in the rnanner following, to wit: 1. To the captain, actually on board at the time of taking any prize, being -other than public or national vessel, or ship of war, three-twentieths -of that portion of the proceeds belonging to the captors. 2. If such captain or captains be under the immediate command of a commander-in-chief, or commander of a squadron having a captain on board, such commander-in-chief, or commander of a squadron, to have one of the said twentieth parts, and the captain taking the prize the other two-twentieth parts. 3. To the sea lieutenants and sailing master, two-twentieths. 4. To marine officers, the surgeon, purser, boatswain, gunner, carpenter, master's mate, and chaplain, two-twentieths. 5. To midshipmen, surgeon's mates, captain's clerk, clergyman, or schoolmaster, boatswain's mates, gunner's mates, carpenter's mates, ship's steward, sailmaker, master at arms, armorer, and cockswain, three-twentieths. 6. Gunner's yeoman, boatswain's yeoman, quartermasters, quarter gunners, cooper, sailmaker's mates, sergeant of marines, corporal of marines, drummer, and fifer, and extra petty officers, three-twentieths. 7. To seamen, ordinary seamen, marines, and boys, seven-.twentieths.:8. Any officer on board having more posts than one, is only 232 NAVY PENSION LAWS, &G. entitled to the share belonging to his superior office, according to the regulations aforesaid. 9. Whenever one or more- ships of the United St-ates are in sight, at the time of any one or more other ships as aforsaid are taking a prize or prizes, or being engaged with an enemy, and they shall all be so in sight when the enemy shall strike or sure render, they shall share equally, according to the number of guns and men on board of each ship so in sight; but no privateer or, armed ship, being ii sight of a national ship of war, at the taking of any prize, shall be entitled to any share in such prize or prizes. 10. Commanders of ships of war taking any prize, are to transmit, as soon as possible, to the naval department a true list of the officers and men actually on board at the taking of such prize, inserting therein the quality of every person's rating; and the department aforesaid is to examine the said list by the ship's muster book, to see their agreement, and is to grant certificates of the truth of such list transmitted, in order that the agents appointed by the captors make payment of the shares- agreeably to this act. 11. In order to define the rights and privileges of commanders-in-chief, commanders of squadrons, and captains, in relation to captures: no commander-in-chief; or commander of a squadron, shall be entitled to receive any share of prizes taking by the ships of war of the United States that are not put under his immediate command, nor of such prizes as may have been taken previous to such ship's being placed under his command, and until they have acted under his immediate orders; nor shall a commander-in-chief, or commander of a squadron, returning home from any station where he had the command, have any share in prizes taken by ships left on such station, after he has got out of the limits of his said command. 12. Captains, sailing especially under orders from the' Navy Department, are clearly to be understood as acting separately from any superior officer. 13. The bounty given by the United States on any national ship of war taken from the enemy and brought into port, shall be, for every cannon mounted, carrying a ball of twenty-four pounds or upwards, two hundred dollars; for every cannon, carrying a ball of eighteen pounds, one hundred and fifty dollars; for every cannon, carrying a ball of twelve pounds, one hundred dollars; and for every cannon carrying a ball of nine pounds, seventy-five dollars; for every smaller cannon, fifty dollars; and for every officer and man taken on board, forty dollars; which sums are to be divided agreeably to the foregoing articles. SEc. 7. And be it further enacted, That for the ships or goods belonging to the citizens of the United States, or to the citizens or sub.jects of any nation in amity with the United Stautes, if retaken friom the enemy within twenty-four hours, the cwners are to allowv one-eight part of the whole value for salvage; if after NAVY PENSION LAWS, &G. 233 twenty-four hours, and under forty-eight, one-fifth thereof; if above that, and under ninety-six hours, one-third part thereof; and above that, one-half; all of which is to be paid without any deduction whatsoever, agreeably to the articles herein before mention ed. I SEC. 8. And be it further enacted, That every officer, seaman, or marine, disabled in the line of his duty, shall be entitled to receive, for his own life and the life of his wife, if a married man at the time of receiving the wound, one-half his monthly pay. SEC. 9. And be it further enacted, That all the money accruing, or which has already accrued, from the sale of prizes, shall be and remain forever a fund for the payment of the half pay to the officers and seamen who may be entitled to receive the same; and if the said fund shall be insufficient for this purpose, the public faith is hereby pledged to make up the deficiency; but if it should be more than sufficient, the surplus shall be applied- as Congress may hereafter direct by law, to the making of further provision for the comfort of the disabled officers, seamen, and marines, and for such as may not be disabled, who may merit, by their bravery, or their long and faithful services, the gratitude of their country. SEC. 10. And be it further enacted, That the said fund shall be under the management and direction of the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, for the time being, who are hereby authorized to receive all such sums as the United States may be entitled to, from the sale of prizes, and to invest the same, and the interest arising therefrom, in such of the six per cent. or other stock of the United States, as a majority of them, from time to time, shall determine to be most advantageous; and it shall be the duty of the said commissioner to lay before Congress, every year, in the first week of their annual meeting, a minute and correct statement of their proceedings, in relation to the management of said fund. * * ~ L 227.] [Laws of the U. S., vol. 3, pag-e 351.1 CHAP. 187. An act for the better government of the navy of the United States. 1. Rules and regulations for the government of the navy after June 1st, 1800: Commanders to show a good example of virtue: Dissolute practices to be suppressed. * * 5. Proceeds of prizes of equal or superior force to be the sole property of the captors; if of inferior force, to be equally divided. 6. Distribution of prize money belonging to the officers and men. 7. Bounty for each person on board enemy's vessels sunk or destroyed by equal or inferior force. 8. Officers and seamen disabled entitled to pensions. 9. Money accruing to the Urnited States from the sale of prizes, to be a fund for the payment of pensions: If the fund should be more than sufficient, the surplus to be applied for the comfort of disabled officers and seamen. 10. The pension fund to be under the management of the Secretaries mentioned, who are empowered to receive and invest the 234 NAVY PENSION LAWS, &C. sums, &c.: Annual statement to be laid before Congress. 11. The act mentioned repealed. APPROVED, APRIL 23, 1800. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That fro'm and after the first day of June next, the following rules and regulations be adopted and put in force for the government of the navy of the United States: ART. 1. The commanders of all ships and vessels of war, belonging to the navy, are strictly enjoined and required to show, in themselves, a good example of virtue, honor, patriotism, and subordination; and be vigilant in inspecting the conduct of all such as are placed under their command; and to guard against, and suppress, all dissolute and immoral practices, and to correct all such as are guilty of them according to the usage of the sea service. * * * SEC. 5. And be it further enacted, That the proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prize, shall, when of equal or superior force to the vessel or vessels making the capture, be the sole property of the captors; and when of inferior force, shall be divided equally between the United States and the officers and men making the capture. SEC. 6. And be it further enacted, That the prize-money, belonging to the officers and men, shall be distributed in the following maner: 1. To the commanding officers of fleets, squadrons, or single ships, three-twentieths, of which the commanding officers of the fleet and squadron shall have one-twentieth, if the prize be taken by a ship or vessel acting under his command, and the commander of single ships, two-twentieths; but where the prize is taken by a ship acting independently of such superior officer, the three-twentieths shall belong to her commander. 2. To sea lieutenants, captains of marines, and sailing masters, two-twentieths; but where there is a captain, without a lieutenant of marines, these officers shall be entitled to twotwentieths and one-third of a twentieth; which third, in such case, shall be deducted from the share of the officers mentioned in article No. 3 of this section. 3. To chaplains, lieutenants of marines, surgeons, pursers, boatswains, gunners, carpenters, and master's mates, two-twentieths. 4. To midshipmen, surgeon's mates, captain's clerks, schoolmasters, boatswain's mates, gunner's mates, carpenter's mates, ship's stewards, sailmakers, masters-at-arms, armorers, cockswains, and coopers, three-twentieths and an half. 5. To gunner's yeomen, boatswain's yeomen, quartermasters, quartergunners, sailmaker's mates, sergeants and corporals of marines, drummers, fifers, and extra petty officers, two-twentieths and an half. NAVY PENSION LAWS, &C. 235 6. To seamen, ordinary seamen, marines, and all other persons doing duty on board, seven-twentieths. 7. Whenever one or more public ships or vessels are in sight at the time any one or more ships are taking a prize or prizes, they shall all share equally in the prize or prizes, according to the number of men and guns on board each ship in sight. No commander of a fleet or squadron shall be entitled to receive any share of prizes taken by vessels not under his immediate command; nor of such prizes as may have been taken by ships or vessels intended to be placed under his command, before they have acted under his immediate orders; nor shall a commander of a fleet or squadron, leaving the station where he had the command, have any share in the prizes taken by ships left on such station, after he had gone out of the limits of his said command. SEC. 7. And be it further enacted, That a bounty shall be paid by the United States, of twenty dollars, for each person on board any ship of an enemy at the commencement of an engagement, which shall be sunk or destroyed by any ship or vessel belonging to the United States of equal or inferior force, the same to be divided among the officers and crew in. the same manner as prize money, SEC. 8. And be it further enacted, That every officer, seaman, or marine, disabled in the line of his duty, shall be entitled to receive for life, or during his disability, a pension from the United States, according to the nature and degree of his disability, not exceeding one-half his monthly pay. SEc. 9. And be it further enacted, That all money accruing, or which has already accrued, to the United States from the sale of prizes, shall be and remain forever a fund for the payment of pensions and half pay, should the same be hereafter granted, to the officers and seamen who may be entitled to receive the same; and if the said fund shall be insufficient for the purpose, the public faith is hereby pledged to make up the deficiency; but if it should be more than sufficient, the surplus shall be applied to the making of further provision for the comfort of the disabled officers, seamen, and marines, and for such as, though not disabled, may merit by their bravery, or long and faithful services, the gratitude of their country. SEC. 10. And be it further enacted, That the said fund shall be under the management and direction of the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, for the time being, who are hereby authorized to receive any sums to which the United States may be entitled from the sale of prizes, and employ and invest the same, with the interest arising therefrom, in any manner which a majority of them may deem most advantageous. And it shall be the duty of the said commissioners to lay before Congress annually, in the first week of their session, a minute statement of their proceedings relative to the management of said fund. 236 LNAVrY PENSION LAWS, &C. SEc. II. And be it further enacted, That the act passed the second day of March, in the year one thousand seven hundred and ninety-nine, entitled "An act for the government of the navy of the United States," trom and after the first day of June next, shall be, and hereby is, repealed. [228. ] [Laws qf the U. S., vol. 3, page 492.] CHAP. 293. An act for the relief of the widows and orphans of certain persons who have died in the naval service of the United States. 1. The widows or children of the officers, seamen, and marines, lost in the ship Insurgent and brigantine Pickering, to receive four months' pay out of the treasury. APPROVED, APRIL 29, 1802. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the widows, if any such there be, and, in case there be no widow, the child or children of the officers, seamen, and- marines, who were in the service of the United States, and lost in the ship Insurgent and brigantine Pickering, shall be entitled to and receive, out of any money in the treasury not otherwise appropriated, a sum equal to four months' pay of their respective husbands or fathers, as aforesaid. [ 229. ] [Laws of the U. S., vol. 4, page 448.] CHAP. 425. An act declaring war between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America, and their territories. 1. War declared to exist between Great Britain and the United States: The President authorized to use the whole land and naval force to carry the declaration into effect, and to issue commissions to private armed vessels, &c. APPrrOVED, JUNE 18, 1812. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That war be, and the same is hereby, declared to exist between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America, and their territories; and that the President of the United States is hereby authorized to use the whole land and naval force of the United States to carry the same into effect, and to issue to private armed vessels of the United States commissions, or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects, of the government of the said United Kingdom of Great Britain and Ireland and the subjects thereof. NAVY PIEXSION LAWS'7 &CG 237 [Laws of the U. S., vol. 4, page 449.] CEHAP. 430. An act concerning letters of marque, prizes, and prize goods. 1. The President empowered to revoke letters of marque, which he may grant in purauance of the act mentioned. * * 17. Two per cent. on the nett amounn of prize money to be s-cured and paid over to the collector, or to the consul: The moneys arising from the two per cent. paid over, to be held as a fund for the support of widows and orphans of persons slain, and for the maintenance of persons who may be wounded. APPROVED, JUNE 26, 1812. SEa. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall be, and he is hereby, authorized and empowered to revoke and annul at pleasure all letters of marque and reprisal which he shall or may at any time grant, pursuant to an act entitled "An act declaring war between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America, and their territories." * X ~ X. SECT 17. And be it further enacted, That two per centum on the nett amount (after deducting all charges and expenditure) of the prize money arising from captured vessels and, cargoes, and on the nett amount of the salvage of vessels and cargoes recaptured by the private armed vessels of the United' States, shall be secured and paid over to the collector, or other chief officer of the customs, at the port or place in the United States at which such captured or recaptured vessel may arrive; or to the consul, or other public agent of the United States, residing at the port or place not within the United States, at which such captured or recaptured vessels may arrive. And the moneys arising therefrom shall be held, and hereby is pledged by the Government of the United States, as a fund for the support and maintenance of the widows and orphans of such persons as may be slain, and for the support and maintenance of such persons as may be wounded and disabled, on board the private armed vessels of the United States, in any engagement with the enemy, to be assigned and distributed in such manner as shall hereafter by law be provided.* [ 231.] [Laws of the U. S., vol. 4, page 486.] CHAP. 475. An act providing navy pensions in certain cases. 1. Widows or children of officers of the navy or marines killed, entitled to half the monthly pay of the deceased for five years: In case of the death or intermarriage of the widow, the half pay to go to the children: The half pay to cease on the death of the children: Money to be paid out of the navy pension fund. APPROVED, JANUARY 20, 1813. SEac. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That * The act of Jan. 27, 1813, in addition to this act, contains nothing relative to pensions. 238 NAVY PENSION LAWS, &C. if any officer of the navy or marines shall be killed or die, by reason of a wound received in the line of his duty, leaving a widow, or, if no widow, a child or children, under sixteen years of age, such widow, or, if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased. was entitled at the time of his death, which allowance shall continue for and during the term of five years; but in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay for the remainder shall go to the child or children of the said deceased officer: Provided. That such half pay shall cease on the death of such child or children; and the money required for this purpose shall be paid out of the navy pension fund, under the direction of the commissioners of that fund. [232. ] [Laws of the U. S., vol. 4, page 498.] CHAP. 487. An act regulating pensions to persons on board private armed ships. 1. The two per cent. reserved in the hands of the collectors and consuls, to be paid into the treasury. 2. The Secretary of the Navy required to place officers, seamen, &c., of private armed vessels, wounded, on the pension list; Rates of pension; The pensions to be paid out of the fund specified only. 3. Commanding officers to enter the names of wounded persons in their journals. 4. Collectors to transmit quarterly a transcript of the journals to the Secretary of the Navy. ArrROVED, FEBRUARY 13, 1813. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the two per centumn reserved in the hands of the collectors and consuls, by the act of June, eighteen hundred and twelve, entitled "An act concerning letters of marque, prizes, and prize goods," shall be paid to [into] the treasury, under the like regulations provided for other public money, and shall constitute a fund for the purposes provided for by the seventeenth section of the before mentioned act." SEc. 2. And be it further enacted, That the Secretary of the Navy be authorized and required to place on the pension list, under the like regulations and restrictions as are used in relation to the navy of the United States, any officer, seaman, or marine, who, on board of any private armed ship or vessel bearing a commission of letter of marque, shall -have been wounded, or otherwise disabled, in any engagement with the enemy; allowing to the captain a sum not exceeding twenty dollars per month; to lieutenants and sailing master, a sum not exceeding twelve dollars each per month; to marine officer, boatswain, gunner, carpenter, master's mate, and prize masters, a sum not exceeding ten dollars each per month; to all other officers, a sum not exceeding eight dollars each per month; for the highest rate of disability, and so in proportion; and to a seaman, or acting as a * See act of that date, No. [230.] -ante. NAVY PENSION LAWS) &C. 239 marine, the sum of six dollars per month, for the highest rate of disability, and so in proportion; which several pensions shall be paid, by direction of the Secretary of the Navy, out of the fund above provided, and from no other. SEC. 3. And be it further enacted, That the commanding officer of every vessel having a commission, or letters of marque and reprisal, shall enter in his journal the name and rank of any officer, and the name of any seaman, who, during his cruize, shall have been wounded or disabled as aforesaid, describing the manner and extent, as far as practicable, of such wound or disability. SEc. 4. And be it further enacted, That every collector shall transmit, quarterly, to the Secretary of the Navy, a transcript of such journals as may have been reported to him, so far as it gives a list of the officers and crew, and the description of wounds and disabilities, the better to enable the Secretary to decide on claims for pensions. [ 233. ] LLaws of the U. S., vol. 4, page 522.] CHAP. 516. An act rewarding the officers and crew of the frigate Constitution, and. the officers and crew of the Wasp. 1. $50,000 as prize money to be distributed to Capt. Hall, &c., for the capture and destruction of the British frigate Guerriere; $50,000 to Capt. Bainbridge, &c., for the capture and destruction of the Java; and $25,000 to Capt. Jones, &c., for the capture of the Frolic: $125,000 appropriated. APrPROVED, MacaH 3, 1813. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to have distributed, as prize money, to Captain Isaac Hull, of the frigate Constitution, his officers and crew, the sum of fifty thousand dollars, for the capture and destruction of the British frigate Guerriere; and the like sum, in like manner, to Captain William Bainbridge, his officers and crew, for the capture and destruction of the British frigate Java; and the sum of twentyfive thousand dollars, in like manner, to Captain Jacob Jones, of the sloop-of-war Wasp, his officers and crew, for the capture of the British sloop-of-war Frolic; and that the sum of one hundred and twenty-five thousand dollars, out of any money in the treasury not otherwise appropriated, be, and the same is hereby, appropriated for the purposes aforesaid. [ 234.] [Laws of the U. S., vol. 4, page 543.] CHAP. 538. An act to relinquish the claims of the United States to certain goods, wares, and merchandise, captured by private armed vessels. 1. All right and claim accrued to the United States, under the acts mentioned, to the property of British subjects, shipped since the declaration of war and captured by private 240 NAVY PENSION LAWS, &O. armed vessels, relinquished in all cases where they have been condemned for the benefit of the captors: Suits commenced- on behalf of the United States to be discontinued on payment of costs, &c: In all cases where goods libelled are not condemned for the benefit of the captors, the right of the United States to the forfeiture to remain unimpaired: Nothing herein to extend to any capture made in violation of' the additional instructions of the President. 2. No future decision made by the Secretary of the Treasury to affect the claims of captors. 3. All goods captured, and libelled, to pay the same duties as provided by the act concerning letters of marque. APPROVED, JULY 13, 1813. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all right and claim which may have accrued to the United States, under an act entitled "An act to prohibit the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes;" and an act end titled " An act concerning the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes;" and an act supplementary to the last mentioned act, to goods, wares, and merchandise, being the property of British subjects, and shipped from the ports of the United Kingdom of Great Britain and Ireland, since the declaration of war by the United States against that kingdom, which have been captured by private armed vessels of the United States,'on the high and open seas, and without the territorial limits and jurisdiction of the United States, and have been libelled and claimed, by or in behalf of the owners and other persons interested in the said private armed vessels, in some court of the United States having competent jurisdiction thereof, be, and the same are hereby, relinquished in all cases where such goods, wares, and merchandise, being the property of British subjects, and captured as aforesaid, shall have been, or shall be, condemned as prize of war, for the benefit of the captors, by the final judge ment of any court of the United States having jurisdiction as aforesaid; all suits, libels,'or prosecutions, instituted or commenced in behalf of the United States, for the recovery of any forfeiture or penalty, accrued by reason of an infraction of any of the three acts first above mentioned, affecting any goods, wares, or merchandise, the property of British subjects, and which have been captured as aforesaid, and libelled in behalf of the captors, shall be discontinued on payment of the costs accrued on such suits or libels, by or on behalf of the said owner or owners. But in all cases where goods, wares, and merchandise, thus libelled, shall not be condemned as aforesaid for the benefit of the captors, the right and claim of the United States to the forfeiture of such goods, wares, and merchandise, shall, notwithstanding the discontinuance of the suits and libels in behalf of the said States, remain unimpaired, and such forfeitures may, after a final decision against the captors, be recovered or remitted in conforRity with the provisions of the several laws now in force, in the same manner as if such suits or libels had not been discontinued: Provided, That nothing herein contained shall, extend to NAVY PENSION LAWS, &. 241 or embrace any capture made by such private armed vessels in violation of the additional instructions of the President of the United States, to the public and private armed vessels thereof, of the twenty-eight day of August, in the year one thousand eight hundred and twelve,' after the captor shall have been apprised thereof, or by any such private armed vessel which was in any port of the United States subsequent to the said proclamation, -and prior to such capture. SEC. 2. And be it further enacted, That no decision which may hereafter be made by the Secretary of the Treasury, under the act entitled "An act directing the Secretary of the Treasury to remit fines, forfeitures, and penalties in certain cases," shall be held as affecting the claim of any person or persons claiming as captors any goods, wares, or merchandise, the forfeiture of which to the United States shall have been remitted by such decision. SEC. 3. And be it further enacted, That all goods, wares, and merchandise, captured and libelled as aforesaid, shall pay the same duties, to be secured and collected in the same manner as is provided by the act " concerning letters of marque, prizes, and prize goods," wit-. respect to the like goods, wares, and merchanwise, wvWhen captured from the enemy, and made prize of war. T 235,i [Laws of the U. S., vol. 4, page 652. ] uCHAP. 608. An act giving pensions to the orphai's and widows of persons slain in the public or private armed vessels of the United States. 1. Officers, seamen, or marines, on board private armed vessels, dying or having died by reason of wounds, their widows or children to be placed on the pension list at half the monthly pension to which the rank of the deceased would have entitled him under the -act mentioned, for five years: In case of the death or intermarri:ge of the widow, the pension to go to the children:: The pensions hereby directed, to be paid out of the fund provided by the 17th section of the act mentioned. 2. Any seaman or marine of the navy dying, or any officer of the navy having died, by reason of wounds, their widows or children to receive half their monthly pay, for five years: If the widow dies or marries, the half pay to go to the children The money to be paid out of the navy pension fund. APPROVED, MARCH 4, 1814. SEC. 1. Be it enac ted by the Senate and tHouse of Representatives of the United States of America in Congress assembled, That ~Additional instructions to the public and private armed vessels of the United States. The public and private armed vessels of the United States are not to interrupt any vessels belonging to citizens of the United States, coming from British ports to the UJilited States, laden with British merchandise, in consequence of the alleged repeal of the British orders in council; but are, on the contrary, to give aid and assistance to the same; in order that such vessels and their cargoes may be dealt with on their arrival as may be decided by the competent authorities. By command of the President of the United States of America, JAMES MONROE, Secretary of State. WASHINGTON CITY, August.28, 1812. 242 NAVY P.ENSION LAWS, &OC if any officer, seaman, or marine, serving on board of any pri vate armed ship or vessel, bearing a commission of letter of marque, shall die, or shall have died since the eighteenth day of June, in the year of our Lord one thousand eight hundred and twelve, by reason of a wound received in the line of his duty,, leaving a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be placed on the pension list by the Secretary of the Navy, who shall allow to such widow, child or children, half the monthly pension to which the rank of the deceased would have entitled him, for the higest rate of disability, under " Alln act regulating pensions to persons on board private armed ships;" which allowance shall continue for the term of five years; but in case of the death or intermarriage of such widow before the expiration of the term of five years, the half pay, for the remainder of the term, shall go to the child or children of the deceased: Provided, That the half pay shall cease on the death of such child or children. And the several pensions hereby directed shall be paid, by direction of the Secretary of the Navy, out of the fund provided by the seventeenth section of an act entitled "An act concerning letters of marque, prizes, and prize goods," and from no other SEc. 2. And be it further enacted, That if any seamen or marine belonging to the navy of the United States shall die, or if any officer, seaman, or marine, belonging to the navy of the United States shall have died, since the eighteenth day of June, in the year of our Lord one thousand eight and twelve, by reason of a wound received in the line of his duty, leaving a widow, or, if no widow, a child or children, under sixteen years of age, such widow, or, if no widow, such child or children, shall be entitled to receive ~half the monthly pay to which the deceased was entitled at the time of his death, which allowance shall continue for the term of five years; but in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay, for the remainder of the term, shall go to the child or children of the deceased: Provided, That such half pay shall cease on the death of such child or children. And the money required for this purpose shall be paid out of the navy pension fund, under the direction of the commissioners of that fund. [ 236.] [Laws of the U. S., vol. 4, pagge 835.] CHAP. 770. An act authorizing the purchase of the vessels captured on lake Champlain., 1. The President authorized to purchase the British vessels captured on lake Champlain: The amount to be distributed as prize money. APPROVED, MARCH 3, 1815. SEc. 1. Be it enacted by the Senate and Houtse of Representate d States of America in Congress assembled, That NAVY PENSION LAWS, &C. 243 the President of the United States be, and he is hereby, authorized to cause to be purchased the British vessels which were captured on lake Champlain by the American squadron, on the eleventh day of September, in the year eighteen hundred and fourteen; and the amount of the valuation of such captured vessels, when duly made and returned to the Navy Department, shall be distributed as prize money among the captors or their heirs. [237.] [Laws of the U. S., vol. 6, page 27.] CHAP. 37. An act placing certain persons on the list of navy pensioners. 1. The Secretary of the Navy to place on the list of pensioners the persons wounded at Dartmoor prison, and the widows and children of those killed or who died of wounds received there. 2. This act to take effect from the 6th of April, 1815. APPROVED, APRIL 2, 1816. SEC. 1. Be it enacted by the Senate and House of Representa-,:ives of the United States oJ' America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized and required to place on the list of navy pensioners, those persons who wvere wounded at Dartmoor prison, in England, in the month of April, one thousand eight hundred and fifteen; also, the widows and children of such as were killed, or who died in consequence of wounds received there; and that, in the allowance of pensions to the persons aforesaid, the regulations established by law, in relation to the placing persons on the list of navy pensioners, b e observed. SEC. 3. And be it further enacted, That this act shall be construed to take effect from the sixth day of April, in the year one thousand eight hundred and fifteen. [ 238.] [Laws of the U. S., vol. 6, page 64.] CHAP. 56. An act in addition to an act, entitled "An act in relation to the navy pension fund." 1. Proceeds of sales of prizes captured by public armed ships, to be paid by the marshal into the registry of the court within thirty days, and the clerk imrnmediately to deposite the same in some bank to be designated by the judges of the court: When the prizes are condemned, the court is to direct -the share of the United-States to be carried to the credit of the Treasurer: The share of the captors to be paid over upoa the order of the court or judge. 2. Marshals and clerks to settle their accounts in prize cases within sixty days after final adjudication, unless the court assigns a different time: The courts in term, or judges in vacation, may summarily examine and allow the accounts; a copy of which is to be filed, and one sent to the Secretary of the Navy. 3. District attorneys to transmit to the Secretary of the Navy a statement of prizes captured, condemned, or restored. 4. The courts empowered to issue monitions to compel the marshals and clerks to obey the requisitions of this act: And may summarily hear and examine, and decree 244 NAVY PENSION LAWSd &O, according to justice and law: The marshal or clerk neglecting or refusing to obhev the req;isitions of this act forfeits five hundred dollars. 5. The accountant of the Navy Department allomwed three hundred dollars per annum for extra services in settling accounts of prize money of the navy pension fund. 6. Marstials to account for sales of prizes prior to this act within six months, or sooner if directed by the court: Clerks to present their accounts of fees and charges within six imonths, or sooner if required by the court: After accounts have been allowed they are to be filed, and copies sent to the Secretary of the Navy: If the marshal or clerk neglect or refuse they may be proceeded against. 7. In cases where the half monthly pay to officers, seamen, and marines, is not sufcient for their subsistence, it may be increased, but not to exceed full pay. AFPROVED, APRIL 16, 1816. SEc. 1. Be it enacted by the Senate and }House of Representatives of the Unsited States of America in Congress a.svsembled, Thatg in all cases of prizes captured by the public armed ships of the United States, which shall be sold under the order of the proper prize court, by interlocutory and final decree, it shall be the duty of the marshal of the United States making the sale to pay the proceeds thereof into the registry of the proper court, within thirty days after such sale shall be made and closed; and immediately upon the payment into the registry of the proceeds as aforesaid, it shall be the duty of the clerk of the court to deposite the same in some bank, to be designated by the judge or judges of the court, subject to the order and distribution of the court as in other cases; and when the said prizes shall have been duly condemned, it shall be the duty of the court to direct the share of such prizes belonging to the United States to be forthwith carried, in the account wvith such bank, to the credit of the Treas. urer of the United States, on account of the navy pension fund, and copies of the cetifieate of such deposite and credit shall be thereupon transmitted to the Treasurer of the United States and to the Secretary of the Navy, as soon as may be, by the clerk of such court; and the share of such prizes belonging to thie ca-ptors, deposited as aforesaid, shall be paid over to the parties entitled, or to their authorized agent or agents, upon the order of the proper court in term, or of the judge or judges of such court in vacation. SEC. 2. And be it farther enacted, That it shall be the duty of the miarshals of the several districts of the United Staltes, ar-d of the clerks of the respective courts of the United Stat-es, to statet and settle their respective accounts in all cases of prizes< captured as aforesaid, specifying therein all costs and charges t.axed, claimed, and paid, by them, and to submit the same to the I-'roi:er court having cognizance thereof, for examination and allowxRance, within sixty days after a final adjudication of such causes, unless a different time shall be assigned by such court; and thereupon such courts in term, or any judge thereof in vacation, may proceed summarily to hear, examine, and allow, the same accounts; and, after such allowance, one copy of the same accounts shall be filed. among tlhe records of the court, and another copy s2.ll1 be transmitted, by the clerk of the court, to the Secretary of the Navy, within thirty days after the allowance thereo. NAVY PENSION LAWS, &C. 245 SEc. 3. And be it further enacted, That it shall be the duty of the district attorneys of the respective districts of the United States, to transmit to the Secretary of the Navy a statement of all prizes captured as aforesaid, which shall be libelled, condemned, or restored, at each term of the district and circuit'courts, within their respective districts, as soon as may be after the conclusion of each term, and to accompany such list with a -schedule and invoice of the various articles composing the cargoes of such prizes. SEc. 4. And be it further enacted, That the respective courts of the United States, before whom a libel against any prizes captured as aforesaid shall be pending, or by whom a decree of' condemnation and distribution of such prizes shall have been awarded, shall have full power and authority, in the exercise of their admiralty and maratime jurisdiction, to issue a monition, and other proper process, to compel the marshal and clerk to perform and obey the requisitions of this act; and upon the complaint of the United States, or any person interested in the premises, summarily to hear and examine the same, and to make such award, order, and decree, therein, as to justice and law shall appertain. And if the Larshal or clerk shall wilfully refuse, or unreasonably neglect, to perform and obey any of the requisitions of this act, the party so refusing or neglecting shall further forfeit and pay to the United States the sum of five hundred dollars for every such refusal or neglect. SEC. 5. And be it further enacted, That there shall be allowed to the accountant of the Navy Department, for his extra services in collecting, stating, and settling the accounts of prize money belonging to the navy pension fund, the annual sum of three hundred dollars, to be paid quarter yearly, out of the navy pension fund. SEc. 6. And be itfurther enacted, That wherever sales of prizes captured as aforesaid, have been made before the passing of this act, and the proceeds thereof have not been paid into the registry of the proper court, or finally distributed under its order, it shall be the duty of the marshal who made the sale, within six calendar months from the passing of this act, or such shorter reasonable time as may be assigned by the court, or the judge or judges thereof, to pay into the registry of' the court the proceeds of such sale, with a written account of the costs and charges attending the same, and to submit the same account for examination and allowance to the court, or the judge or judges thereof; and in like manner it shall be the duty of' the respective clerks of the district courts, within six calendar months from the passing of this act, or such shorter reasonable time as may be assigned by the proper court, or the judue or judges ther!of, to present to such court, or the judge or judges thereof, for examination and allowanee, a particular account of their fees and charges, in all cases of prizes captured as aforesaid, where such account has not been already preselnted and allowed; and after such account shall be 246 NAVY PENSION LAWS, &C. examined and allowed, it shall be filed among the records of the' court, and a copy thereof, duly attested,. thall be transmitted by the clerk of the court to the Secretary of the Navy; and if any marshal or clerk shall neglect or refuse to perform the duties herein required, he may be proceeded against in the proper court, in the manner provided in the fourth section of this act. SEC. 7. And be it further enacted, That in cases where the allowance of the half monthly pay, which may now be granted by' law, toD officers, seamen, and marines, disabled in the service of the United States, shall, in the opinion of the Commissioners of the Navy Pension Fund, fiom the nature and extent of the disability, and the situation of the party disabled, be inadequate to his necessary subsistence, the said Commissioners shall be, andS hereby are, authorized, in their discretion, to increase such allowance, to any sum not exceeding'the full amount of the monthly pay to which the party so disabled was. by law enti'led in the said. service. [239.1 [Laws of the U. S., vol. 6, page 77.] CHAP. 65. An act respecting the late officers and crew of the sloop of'war Wasp. 1. Twelve months' wages to be paid to the representatives of the officers and crew o: and 50,000 dollars as prize money, for the capture of' the British vessels Reindeer and Avon. 2. Distribution of the wages and prize money. Shares not claimed to go to the navy pension fund: If only one child, the widow to have an equal share. 3. Secretary of the Navy to appoint a prize agent: Money not claimed under this, act within. two, years, to be a part of the navy pension fund. APPrROVED, APRIL 20, 1816. Whereas there is reason to apprehend that the sloop of war Wasp, an armed ship of the United States, and lately commanded by captain Johnson Blakely, is lost:SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,. That there be allowed and paid to the representatives of captain Johnson Blakely, and of each of the officers and crew aforesaid, as is hereinafter directed, twelve months' wages; and that there be, paid to the aforesaid representatives, and to the survivors of said. officers and crew, if such there be, the sum of fifty thousand dollars, to be distributed as prize money for the capture and destruction, by said sloop of war, of the British armed vessels Reindeer and Avon. SEC. 2. And be it further enacted, That the distribution of said wages and compensation shall be as follows, viz: one-third to the widow, and two third parts to the children of the deceased; and in case there be no child, the whole to the widow; and if there be no widow, then to the child or children; and if there be neither widow nor child, then to the parent or parents; and if' there be no parent, then to the brothers and sisters; and if there be neither brother nor sister, then such share or shares, not claime2d NAVY PENSION LAWS, &e. 247 as aforesaid, shall be and remain part of the navy pension fund; and the sums aforesaid shall be paid out of any moneys in the treasury not otherwise appropriated: Provided, That in all cases in which there shall be only one child, the widow shall have an equal share with the child. SEC. 3. And be it further enacted, That the Secretary of the Navy be, and he is hereby, authorized and required to appoint a prize agent, whose duty it shall be to disburse the moneys aforesaid, or to refund any balance thereof, under such rules and regulations as the said Secretary may prescribe; and that all moneys not claimed by virtue of this act, within two years from the day when said sums shall be put at the disposal of the said prize agent, shall be deemed and held a part of the navy pension fund. [ 240. 1 [Laws of the U. S., vol. 6, page 86.] CHAP. 79. An act rewarding the officers and crew of the Constitution, for the capture of the British sloop of war Levant. 1. $25,000 to be distributed to Capt. Stewart, his officers and crew, as prize money, fbr the capture of the Levant: $25,000 appropriated. APPROVED, APRIL 26, 1816. SEM. 1. Be it enacted by the Senate and House of Representazives of the United States of America in Congress assembled, That the President of the United States be, and he hereby is, authorized to have distributed, as prize money, to Captain Charles Stewart, late of the frigate Constitution, his officers and crew, the sum of twenty-five thousand dollars, for the capture of the British sloop of war Levant; and that the sum of twenty-five'thousand dollars, out of any money in the treasury not otherwise appropriated, be, and the same is hereby, appropriated for the purpose aforesaid. [241.] [Laws of the U. S., vol. 6, page 104.] CHAP. 10i6. An Act allowing pay to certain persons made prisoners with the revenue cutter " Surveyor9. i. The Secretary of the Treasury to settle the accounts for pay of the boatswain, gunner, cook, and 10 marines, captured in the revenue cutter Surveyor during the late war;.and to settle with S. Traverse, master of the cutter. APPROVED, A.PRIL 27, 1816. SEC. 1. Be it enacted by the Senate and House of Reopresentatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized to settle the accounts for pay of the boatswain, gunner, cook, and ten marines, captured on board the revenue cutter Surveyor, duTing the late war with Great Britain, up to the period of their 248 NAVY PENSION LA'WS, &C. release and return from captivity; and to pay the amount to them, or their legal representatives, out of any moneys in the treasury not otherwise appropriated: And the Secretary of the Treasury is hereby authorized to settle with Samuel Traverse, late master of the cutter Surveyor, and pay him up to the seventeenth day of May, one thousand eight hundred and fourteen. [ 242.] LLaws of the U. S., vol. 6, page 115.3 CHAP. 119. An act providing for the distribution of one hundred thousand dollam among the captors of the Algerine vessels captured and restored to the Dey of Algiers. 1. $100,000 to be paid out of the treasury and distributed as prize money among the captors of the Algerine vessels taken by the squadron under Commodore Decatur. APPROVED, APRIL 27, 1816. SEC. 1. Be it enacted by the Senate and House of Representatives of the Ulnited States of America in Congress assembled, That the sum of one hundred thousand dollars be, and the same is hereby, appropriated, to be paid out of any moneys in the treasury not otherwise appropriated, and distributed in the same proportions, and under the same regulations, as prize money is now by law directed to be distributed, among the captors of the Algerine vessels captured by the American squadron under the command of Commodore Decatur, and afterwards restored to the Dey of Algiers. L 243.3 [Laws of the U. S., vol. 6, page 118.1 CHAP. 124. An act for the relief of George T. Ross, Daniel T. Patterson, and the: officers and men lately under their command. 1. Not exceeding $50,000 of the forfeitures and penalties accrued to the United States by the condemnation and sale of vessels and cargoes taken near the island of Barrataria, on the 16th of September, 1814, relinquished in favor of the captors: The Secretary of the Treasury to pay the $50,000 out of money in the treasury; to be distributed among the land and naval forces employed, as the Secretaries of War and Navy may prescribe. APPROVED, APRIL 27, 1816. SEc. 1. Be it enacted by the Senate and tHouse of Representatives of the United States of America in Congress assembled, That -so much of the net proceeds of the forfeitures and penalties, not exceeding fifty thousand dollars, as has accrued to the United States by the condemnation and sale of the vessels and their cargoes, which were taken near the Island of Barrataria, oin the wrestern coast of Louisiana, on the sixteenth day of September, one thousand eight hundred and fourteen, by a land and naval NAVY PENSION LATWS, &C. 249 force under the command of Colonel George T. Ross and Captain Daniel T. Patterson, and which were condemned and sold by order of the district court of the United States for the Orleans district, for violation of laws of the United States, be, and the same are hereby, given up and relinquished in favor of the said George T. Ross and Daniel T. Patterson, and of their officers and men, for their zeal, activity, and courage, in capturing the same. And the Secretary of the Treasury is hereby authorized to pay to the said George T. Ross and Daniel T. Patterson the amount of the said net proceeds of the said sale, not exceeding fifty thousand dollars, out of any money in the treasury not otherwise appropriated, to be distributed among the land and naval forces employed in the capture of the said vessels, in such proportions, and under such regulations, as the Secretaries of War and Navy, with the approbation of the President, shall prescribe and determine. [244. ] [Laws of the U. S., vol. 6, page 128.1 CHAP. 145. An act authorizing payment for prisoners captured by private armed vessels. 1. The Secretary of the Treasury to pay the owners, officers, and crews, of private armed vessels, the bounty allowed for prisoners captured before the Treaty of peace took effect in the latitude of capture, out of moneys in the treasury. APPROVED, APAIL 29, 1816. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and required to settle and pay unto the owners, officers, and crew, of private armed vessels, the bounty allowed by law for prisoners captured and brought into port, and delivered to the agent of the United States, captured on board any British vessel after the exchange of the ratifications of the treaty of peace between the United States and Great Britain, but before the said treaty took effect in the latitude wherein the capture was made; and the Secretary ofi' the Treasury is hereby authorized to pay the afore-said claims out of any moneys in the treasury not otherwise appropriated. [245.] [Laws of the U. S., vol 6, page 173.1 CHAP. 192. An act granting a pension to Commodore Richard Taylor. 1. $300 per annum allowed Commodore Richard Taylor, from 3d September, 1816) for a disability from a wound received in a conflict with the enemy. APPRRovED, WARCH 1, 1817. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from 250 NAVY PENSION LAWS, &C. and after the third day of September, one thousand eight hundred and sixteen, a pension of three hundred dollars per annum be allowed to Commodore Richard Taylor, in consequence of a total disability arising from a wound received in a conflict with the enemy in the revolutionary war, while in the command of a flotilla in the waters of the Chesapeake, under a commission of captain in the navy from the State of Virginia; to be paid to him, the said Taylor, half yearly, out of any moneys in the treasury not otherwise appropriated by law. [ 246.] [Laws of the U. S., vol. 6, page 206.] CHAP. 228. An act for the relief of the widows and orphans of the officers, seamen, and marines, who were lost in the U. S. brig Epervier. 1. The widows, orphans, &c., of officers and men lost in the Epervier, to receive six months' pay additional: The amount to be paid out of money in the treasury. APPROVED, MARCH 3, 1817. SEC. 1. Be it enacted by the Senate and House of Representa. tives qf the United States of America in Congress assembled, That the widows, if any such-there be, and, in case there be no widow, the child or children; if there be no child, then to the parents or parent, and if there be' no parent, then to the brothers and sisters of the officers, seamen, and marines, who were in the service of the United States and lost in the brig Epervier, shall be entitled to, and receive, out of any money in the treasury not otherwise appropriated, a sum equal to six months' pay of their respective deceased relatives aforesaid, in addition to the pay due to the said deceased on the fourteenth day of July, one thousand eight hundred and fifteen, to which day the arrears of pay due the deceased shall be allowed and paid by the accounting officers of the Navy Department. [247.] [Laws of the U. S., vol 6, page 212.] CHAP. 233. An act to amend and explain an "Act giving pensions to the widows and orphans of persons slain in the public or private armed vessels ot the United States." * 1. Widows, and children under sixteen years of age, of officers, seamen, and marines, deceased or dying after the 18th June, 1812, while in the line of duty, entitled to half pay for five years: If the widow dies or marries, the half pay goes to the children: Money to be paid out of the navy pension fund. APPROVED, MARCH 3, 1817. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any officer, seaman, or marine, belonging to the Navy of the Se act of 4th March, 1814, No. [235.-ante... eSee act of 4th March, 1814, No. [235.]-ante. NAVY PENSION LAWS, &C. 251 United States, shall die, or shall have died, since the eighteenth day of June, in the year of our Lord one thousand eight hundred and twelve, in consequence of disease contracted, or of casualties or injuries received, while in the line of his duty, and which shall be satisfactorily proved to the commissioners of the navy pension fund, leaving a widow, or, if no widow, a child or children, under sixteen years of age, such widow, or, if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, which allowance shall continue for the term of five years; but in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay, for the remainder of the term, shall go to the child or children of the deceased: Provided, That such half pay shall cease on the death of such child or children. And the money required for this purpose shall be paid out of the navy pension fund, under the direction of the commissioners of that fund. [248.] [Laws of the U. S., vol. 6, page 291.] CHAP. 347. An act in addition to an "Act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States." 1. Persons put on the pension list in virtue of the 1st section of the act of 4th March 1814, to be allowed full monthly pension for the further term of five years: Pension to cease on death of the widow. 2. Widows and children of officers, seamen, &c., who have died firom accidents in the service since 18th June, 1812, to be placed on the pension list: The money to be paid out of the privateer fund. APPROVED, APRIL 16, 1818. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in every case where a person has been put on the pension list, or granted a certificate of pension, by virtue of the first section of an act passed the fourth (lay of March, in the year eighteen hundred and fourteen, entitled "An act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States," the Secretary of the Navy be, and he is hereby, authorized, at the expiration of the term of five years, for which any pension certificate shall have been granted as aforesaid, to allow the full monthly pension to which the rank of the deceased would have entitled him for the highest rate of disability, and that such pension shall continue to such person for the further term of five years: Provided, That such pension shall cease on the death of such widow, child, or children. SEC. 2. And be it further enacted, That if' any officer, seaman, or marine, shall have died since the eighteenth day of June, in the year eighteen hundred and twelve, in consequence of an accident or casualty, which occurred while in the line of his duty on board a private armed vessel, leaving a widow, or if no widow, '252 N2AVY PENSION LAWS, &C. a child or children under sixteen years of age, the Secretary of the Navy be, and he is hereby, authorized to place such widow, child, or children, on the pension list, and allow to such widow, child, or children, the same monthly pension as if the deceased had died by reason of wounds received in the line of his duty: Provided, That all moneys paid by virtue of this act shall be paid out of the privateer pension fund, and no other. [249.] [Laws of the U. S., vol. 6, page 366.] CHAP. 426. An act authorizing the distribution of a sum of money among the representatives of Commodore Edward Preble, and the officers and crew of the brig Syren. 1. $2,500 appropriated as prize money among the representatives of Commodore Preble, Captain Stewart, officers, and crew, of the Syren, their proportion of the appraised value of the brig Transfer, captured by the Syren. APPROVED, FEBRUARY 4, 1819. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of two thousand five hundred dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated; which sum shall be distributed by the Secretary of the Navy, as prize money, among the representatives of Commodore Edward Preble, deceased, and Captain Charles Ste-wart, the officers and crew of the brig of war Syren, or to the representatives of such as may be dead, on account of their proportion of the sum of five thousand dollars, the appraised value of the brig Transfer, captured by the said brig Syren, for a breach of the blockade of the port of Tripoli, in the year eighteen hundred and four, during the war carried on by the United States against that power; the said brig Transfer having been taken into the service of the United States by Commodore Edward Preble, commander of the blockading squadron, which brig was regularly condemned, as a good prize, by sentence of a court of admiralty. [ 250.] [Laws of the U. S., vol. 6, page 399.] CHAP. 470. An act extending the term of half pay pensions to the widows and children of certain officers, seamen, and marines, who died in the public service. 1. Five years' additional half pay to the widows and children of officers, seamen, and marines, killed in battle, or who died in service: To be paid as designated by law. APPROVED, MARCE 3, 1819. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, NAVY P ENSION LAWS, &C. 253 in all cases where provision has been made by law for five years" halt' pay to the widows and children of officers, seamen, and marines, who were killed in battle or died of wounds received in battie, or who died in the naval service of the United States, during the late war, the said provision shall be continued for the additional term of five years, to commence at the end of the first term of five years, in each case, respectively, making the provision equal to ten years' half pay; which shall be paid in the manner, and out of the fund, heretofore designated by law; and the said pensions shall also cease fobr the reasons mentioned in the said law. [ 251.] [Laws of the U. S., vol. 7, page 213,] CHAP. 245. An act further extending the term of half pay pensions to the widows and children of officers, seamen, and marines, who died in the public service. 1. The term of half pay pensions to the widows of officers, &c., who died in the publie service, extended for five years. 2. Act of 3d March, 1817, repealed: Nothing to prevent the payment of pensions already granted; nor to affect the rights of persons. APPROVED, JANUARY 22, 1824. SEC. 1. Be it enacted by the Senate and Iloase of Representatives of the United States of America in Congress assembled, That in all cases where provision has been made by law for five years' half pay to the widows and children of officers, seamen, and marines who were killed in battle, or who died in the naval service of the United States, during the late war; and, also, in all cases where provision has been made for extending the term for five years, in addition to the first term of five years, the said provision slhall e further extended for an additional term of five years, to commence at the end of the second term of five years, in each case, respectively, making the provision equal to fifteen years' half pay; which shall be paid out of the fund heretofore provided by law; and the said pensions shall cease, for the causes mentioned in the laws providing the same, respectively. SEC. 2. And be it further enacted, That, from and after the passing of this act, the act entitled "An act to amend and explain an act giving pensions to the orphans and widows of persons s!ai'. in the public or private armed vessels of the United States," passed March the third, one thousand eight hundred and seventeen, be, and the same is hereby, repealed: Provided, however, That nothing in this act contained shall be construed to prevent the payment of any pension already granted, until the full expiration of the period thereof; nor to affect or impair the rights of any person or persons which may have accrued during the ex;stence of the act hereby repealed, as aforesaid, - iS4 WNAVY PENSION LAWS, &CB [ 252.] [Laws of the U. S., vol. 7, page 321.] CHAP. 420. An act to revive and extend the term of certain pensions which have expired by limitatiion. 1, Pensions paid out of the privateer fund, and the terms for their payment, revived and extended. APPROVED, MAY 26, 1824. SEc. 1. Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That the pensions hertofore granted, and paid out of the privateer pension fund, to the widows and orphans of such officers, seamen, and marines, as were slain, or died in consequence of wounds or casualties received while in the line of their duty, on board the private armed ships of the United States, and the terms for the payment of which had expired by limitation, before the ninth day of April, in the year of our Lord one thousand eight hundred and twenty-four, be, and the same are hereby, revived and extended to such widows and orphans, with all the advantages, and in the same manner, as if' their respective terms had not expired; subject to the provisions, restrictions, and limitations, of an act, passed the ninth day of April, in the year of our Lord one thousand eight hundred and twenty-four, entitled "An act extending the term of pensions granted to persons disabled, and to the widows and orphans of those who have been slain, or who have died in consequence of wounds or casualties received while in the line of their duty, on board the private armed ships of the United States, during the late war." [253.1 [Laws of the U. S., vol. 8, page 72.] CHAP. 7-2. An act to provide for extending the term of certain pensions, chargeable on the navy and privateer pension fund. 1. Half pay to widows and orphans extended for another period of five years. 2. Pensions to widows of privateersmen continued for five years: Payable from privateer pension fund: During widowhood. APPROVED, MIAY 23, 1828. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where provision has been made by law for the five years' half pay to the widows and children of officers, seamen, and marines who were killed in battle, or who died in the naval service of the United States durinn the last war; and also in all cases where provision has been made for extending the term for five years in addition to any term of five years, the said provision shall be further extended for an additional term of five years, to commence at the end of the current or last expired term of five years IWAVY PE NSION LAWS, &C. 255 in each case, respectively; making the provision equal to, twenty years' half pay; which shall be paid out of the fund heretofore provided by law, and the said pensions shall cease for the causes mentioned in the laws providing the same, respectively. Sac. 2. And be it further enacted, That the pensions of all tridows, who now are, or who, at any time within one year last past, have been in the receipt thereof, under the provision of the following laws of tne United States, or either of them, to wit: An act passed March the fourth, one thousand eight hundred and fourteen, entitled "An act giving pensions to the orphans and widows of the persons slain in the public or private armed vessels of the United States," and an act passed April the sixteenth, one thousand eight hundred and eighteen, entitled "An act in addition to an act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States," so far as regards persons receiving pensions from the fund arising from captures and salvage, made by the private armed vessels of the United States, be and the same are hereby continued, under the restrictions and regulations in the said acts contained, for and during the additional term of five years, from and after the period of the expiration of the said pensions, respectively: Provided, however, That the said pensions shall be paid from the proceeds of the privateer pension fund alone, and without recourse to the United States, for any deficiency, should such occur, which may hereafter arise thereon: And provided farther, That no such pension shall be paid to any such widow after her intermarriage had, or to be had, after she shall have become such widow. [254.] [Laws of the U. S., vol, 8, page 274.] CHAP. 268. An act for the relief of Abigail Appleton, APPROVED, MARCeH 3, 1830. Snc. 1. Be it enacted by the Senate and House of Representar taves of the United States of America in Congress assembled, That the Secretary of the Navy be, and hereby is, authorized and required to place the name of Abigail Appleton, the widow of Daniel Appleton, upon the pension list, and to allow to her a pension, to commence from the third day of September, one thousand eight hundred and twenty-nine, pursuant to the provisions of the act entitled "An act in addition to an act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States," and the act to which the same is an addition, subject to the conditions and limitations therein contained~ 256 NAVY PENSION LAWS, &C. [255.1 [Laws of the U. S., vol. 8, page 274.] CHAP. 269. An act for the relief of Elizabeth Mays. APPROVED, MARCH 25, 1830. SEC. 1. Be it enacted by the Senate and IHouse of Representalives of the United States of America in Congress assembled, That a pension of one hundred and fourteen dollars per annum, for the term of five years from the third day of September, one thousand eight hundred and twenty-nine, be allowed and paid, in half yearly payments, out of the navy pension fund, to Elizabeth Mlays, the mother of Wilson Mays, late a carpenter's mate in the navy of' the United States: Provided,, however, That such pension shall be deemed to continue only during the life and widowhood of the said Elizabeth Mays. [ 256. ] [Laws of the U. S., vol. s, page 291.] CHAP. 306. An act for the relief of the widows and orphans of the officers, seamen, and marines, of the sloop of war Hornet. 1. Six months' pay allowed relatives of officers and men lost in the Hornet. APROVED, ARRIL 24, 1830. SEc. 1. Be it enacted by the Senate and House qf Representatives of the United States of America in Congress asseribled, That the widows, if any such there be, and, in case there be no widow, the child or children; and if there be no child, then the parent or parents; and if there be no parent, then the brothers and sisters of the officers, seamen, or marines, who were in service of the United States, and lost in the United States sloop of war Hornet, shall be entitled to, and receive out of any money in the treasury, not otherwise appropriated, a sum equal to six months' pay of their respective deceased relatives. aforesaid, in addition to the pay due to the said deceased, on the tenth day of September last, up to- which day the arrears of pay due the deceased shall be allowed and paid by the accounting officers of the Navy Department. [ 257. ] [Laws of the U. S., vol 8,page 324.] CHAP. 340. An act for the relief of John Edgar,of Illinois. kYPPFOYErP, MAy 26, 1830. SEc. 1. Be it enacted by the Senate and House of Represn tatives of the United States of America in Congress assembled, That the IAVY PENSION LAWS, &o. 257 "pro)pcr accounlling officer of the Tre.asury Department be, and he is hereby, authorized to pay to General John Edgar, heretofore an actinlg captain in the navy during the revolutionary war, the same sum, in gross, and the same pay during his life, which other captains have received,~ in virtue of the provisions of the act of Conglress, entitled "An act for the relief of' certain surviving officers and soldiers of the army of the revolution," approved fifteenth May,, one thousand eight hundred and twenty-eight. [258.] [Laws of thte U. S., vol. 8, pace 330.]:CHAP. 357. An act for the relief of Michael Lewis. APPROVED, TrAY 28, 1830. Sec. 1, Be it enacted by the Senate and House of Representatives of the United States of Anmerica in Congress assembled, That the Secretary of the Treasury be, and he hereby is, authorized and'direct;ed to pay to Michlael Lewis, or his legal representatives, out of any money in the treasury not otherwise appropriated, the sum of three hundred and eighty dollars, as a compensation in full for his services as pilot on board the United States' schooner Vixen, in the year one thousand eight hundred and thirteen, and subsequent detention as a prisoner of war. 259.] [Laws of the U. S., vol. 8, page 503.] CHAP. 583. An act for the relief of Joseph S. Cannon, APPROVED, MARCH 3, 1831. Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of Aimerica in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized and required to place the name of Joseph S. Cannon on the navy pension list, at the rate of ten dollars per month, payable from the first day of January, eighteen hundred and twenty-nine. { 260.] [Lavws of the U. S., vol. S, page 631.] CHAP. 737. An act further to extend the pensions heretofore granted to the widows cf persons killed, or who died in the naval service. 1. Pensions to widows of naval officers, &c. renewed for five years. 2. Widows of Ei. who died of wounds provided foir. -SPPROVED, JYNE 28, 1832. SEc. 1. Be it enacted by t/e Senate and House of Representatives of the United States -of America in Congress assembled, That in * It appeears, by the principle of ihis act, that the act 15tn iVIay, 1828, was a provision'for 1av officers as well as army office-s; which raises a question prisper to be conside'red ~a -act.i;e-er place.:24 258 NAVY PENSION LAWS, &C. all cases where provision has been made by law, for the five years' half pay to widows and children of officers, seamen, and marines, who were killed in battle, or who died in the naval service of the United States; and, also, in all cases where provision has been made for extending the term for five years, in addition to any term of five years, the said provision shall be, and is hereby, further extended for an additional term of five years, so far as respects widows only, to commence at the end of the current or last expired term of' five years in each case, respectively; which pension shall be paid out of the fund heretofore provided by law. And the pension herein continued shall cease for the causes mentioned in the laws granting the same, respectively. SEC. 2. And be it further enacted, That the provisions of this act shall be extended to the widows of' all those who may have died by reason of wounds received during'the war. [Laws of -he U. S., vol. 8, page 665.3 CHAP. 780. An act for the regulation of the Navy and Privateer Pension and Navy Hospital Fund. 1. Commissioners of navy pension fund, hospital fund, and privateer pension fund abolished: Secretary of Navy constituted trustee, and to discharge all duties. 2. Funds to be invested in United States Bank stock now held by the United States. 3. Accounts of the several funds, how to be kept: Reports to be made to Congress. 4. Clerk to be appointed; his salary. 5. Secretary of the Navy to possess all the powers of the commissioners. APPROVED, JuLY 10, 1832. Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioners of the navy pension and navy hospital funds be, and they are hereby, directed to close all their accounts as trustees of said funds, and to pay over the balance of cash in their hands, and to assign over and transfer all the certificates of stocks and other property belonging to said funds, and to the privateer pension fund, to the Treasurer of the United States, for the use of the Secretary of the Navy, for the payment of navy and privateer pensions, and for expenditures on account of navy hospitals, et cetera; and as soon as said assignment and transfer shall be made, the said commissioners shall be, and they are hereby, released and discharged from all further trust connected with said funds, and the Secretary of the Navy be, and he is hereby, constituted the trustee of said funds; and, as such, it shall be his duty to receive applications for pensions, and to grant the same according to the terms of the acts of Congress in such case made and provided, and to direct and control the expenditures out of the navy hospital fund. SEc. 2. And be it further enacted, That the balance of cash now on hand, and all moneys that may hereafter arise to said .NAVY PENSION LAWS, &C. 259 pension funds from stock redeemed, or from any other source, shall be immediately invested, under the direction of the Secretary of the Navy, in the bank stock of the Bank of the United States; and that the Secretary of the Treasury be, and hereby is, authorized to sell so much of the stock of the United States in said bank, at the par value thereof, as said navy pension funds will pay for; and to receive said navy pension funds in payment thereof; the said bank stock to be held in the name of the Treasurer of the United States for the purposes aforesaid. SEC. 3. And be it further enacted, That the Secretary of the Navy be, and he is hereby, authorized and required to cause the books to be opened, and regular accounts to be kept, showing the condition of the navy and privateer pension funds, the receipts and expenditures thereof, the names of the pensioners, and the dates and amount of their respective pensions, with a statement of the act or acts of Congress under which the same may be granted; and that he shall annually report to Congress an abstract, showing the condition of these funds in all these particulars, and the receipts and expenditures during the year; and cause a similar account of the receipts and expenditures of the navy hospital fund to be kept and reported{ to Congress, annually, in like manner, and at the same time, with the repori:s upon the pension funds. SEC. 4. And be it farther enacted, That the Secretary of the Navy shall be, and he is hereby, authorized to appoint a clerk who shall perform all the duties which shall be required of him in relation to said funds; and shall receive as a full compensation fobr his services, and in lieu of all commissions or other allowances, a salary of one thousand six hundred dollars, to be paid quarter yearly, out of the treasury of the United States. SEc. 5. And be it further enacted, That all the powers conferred, and duties imposed by laws now in force, on the commissioners of the navy and privateer pension and navy hospital funds be, and they are hereby, transferred to the Secretary of the Navy; and all acts, and parts of acts, contrary to the provisions of this act, be, and they are hereby, repealed. [262.] [Lawvs of the U. S., vol. 8, page 661.] CHAP. 773. An act to provide for paying certain arrearages for surveys made by naval, officers, and for other purposes. 3. Commander of navy yard at Washington to cease to act as navy agent: Permanent agent to be appointed; his duty. APPRovED, JULY 10, 1832. SEc. 3. And be itfurther enacted, That, from and after the passage of' this act, the commander of the navy yard at the city of 260 NAVY PENSION LA-WS, &C. Washington shall cease to act as navy agent; and that portigon of the act of the twenty-seventh of March, one thousand eight hundred and four, which made it his duty so to do, shall be, and the same is hereby, repealed, and a separate and permanent agent. shall be appointed as in other cases, in the same manner, entitled to the same compensation, and under the same responsibilities, and to be governed by the same laws and regulations which n'ow are, or may hereafter be, adopted for other navy agents; and it shall be his duty to act as agent not only for the navy yard in this city, but for the Navy Department, under the direction of the Secretary thereof, in the paymentl of such accounts and claims as the said Secretary may direct. [ 263.] [Laws of the U. S., vol. 8, page 722.] CHAP. 851. All act for the relief of William Nelson, administrator of the estate ol Andrew Nelson, deceased, and for other purposes. 1. Andrew Nelson's administrator paid prize money. 2. John Coleman's representatives paid prize money. 3. James Scrivener, seamen, paid transportation money. APPROVED, JULY 14, 1832. SEc. I. Be it enacted by the Senate and HIouse (f Representatives of the Undited States of America in Congress assembled, That there be paid to William Nelson, administrator of the estate of Andrew Nelson, deceased, out of any money in the treasury not otherwise appropriated, the sum of one hundred and twenty dollars and forty-two cents, being his proportion of prize money, as a seaman in the naval service of the Utlited States, under the command of Commodore McDonough, for the British squadron captured on Lake Champlain during the late war; the same not havinug been heretofore paid tunder the "Act to authorize the purchase of the vessels captured on Lake Camplain," approved the third of March, one thousand eight hundred and fifteen. SEc. 2. And be it further enacted, That the Secretary of the Navy pay to the legal representatives of John Coleman, deceased, the sum of one hundred and twenty dollars and florty-two cents, reported on the books of the Fourth Auditor of the treasury to the said John Coleman, for his share of prize money for the British vessels captured on Lake Erie during the late war, to be paid out of' any money in the treasury not oitherwise appropriated. SEC. 3. And be it further enacted, That the proper accounting officers of the treasury be, and they are hereby, authorized and directed to pay to James Scrivener, late a seaman in the United States navy, or his legal representatives, out of' any money not otherwise appropriated, the sum. of thirty-seven dollars and fifty cents, in. Luil of transportation money due him duAing *,ie late war, NAVY PENSION LAWS, &C. 261 [ 64. ] [Laws of the U. S., vol. 8, page 724.] CHAP. 856. An act for the relief of Thomas Holdup Stevens, and others. APPROVED, JULY 14, 1832. Sec. 1. Be it enacted by the Senate and House of Representatives of the Uniied States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to cause the sum ot two thousand dollars io be distributed, as prize money, to Captain Thomas Holdup Stevens, of the United States navy, and the other captors of a piratical feluca within the Colorados Reef, in the West Indies, in April, eiglhteen hundred and twenty-three, which vessel was taken in the service of the United States; and that the said sum be, and the same is hereby, appropriated, for the purpose aforesaid, out of rany moneys in the treasury not otherwise appropriated. [265.] [Laws of the U. S., vol. 8, page 854.] CHAP. 1013. An act for the relief of the mother of Fitz Henry Babbit, late a lieutenant in the navy of the United States. APPROVED, MARCH 2, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a pension of two hundred dollars per annum, for the term of five years, to commence on the twenty-ninth day of November, one thousand eight hundred and thirty, be allowed and paid semiannually, out of the navy pension fund, to Mary J. Babbit, the mother of Fitz Henrv Babbit, late a lieutenant in the navy of the United States: Provided, however, That in case of the death of Mary J. Babbit, before the expiration of said term of five years, the said pension shall cease from and after the time of such death. [ 266.] [Laws rf the U. S., vol. 8, page 856.] CHAP. 1020. An act for the relief of the widows and orphans of the officers and seamen who were lost in the United States schooner the Sylph. 1. Six months' pay granted to the relatives of officers and crew of the schooner Sylph. APPROVED, MARCH 2, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States qf America in Congress assembled,. That the widows, if any such there be, and in case there be no widow, the chilld or children, and if there be no child, then the parent or 262 NAVY PENSION LAWS, &C. parents, and, if there be no parent, then the brothers and sisters of the officers and seamen who were in the service of the United States, and lost in the schooner Sylph, shall be entitled to, and receive out of any money in the treasury not otherwise appropriated, a sum equal to six months' pay-of their respective deceased relatives aforesaid, in addition to the pay due to the said deceased on the fifteenlth day of August, one thousand eight hundred and thirty-one, to which day the arrears of pay dclue the deceased shall be alloxwed and paid by the accounting officers of the Navy Department. [267.1 [Laws of the U. S., vol. 9, page 25.1 CHAP. 39. An act for the relief of Thomas Ap C. Jones. 1. Arrears of pension allowed Captain Thomas Ap C. Jones, United States Navy. APPROVED, MAY 10, 1834. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized and directed to allow and pay to Thomas Ap C. Jones, oul; of the navy pension fund, as arrears of pension to which he is entitled on account of a permanent disability occasioned by a wound received by him in battle with the enemy during the last war with Great Britain,,he sunm of twenty dollars per month, from the eighteenth day of July, one thousand eight hundred and fifteen, to the fifteenth day of November, one thousand eight hundred and thirty-one, deducting therefrom any sum accruing between these dates, which may have been paid him on account of the pension allowed him by the commissioners of the navy pension fund, on the thirty-first day of July, one thousand eight hundred and twenty-eight. [268.] [Laws of the U. S., vol. 9, page 37.] CHAP. 52. An act for the relief of the legal representatives of Joseph Rowe, deceased. APPROVED, JUNE 18, 1834. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy pay to the legal representatives of Joseph Rowe, a boatswain's mate, deceased, the sum of one thousand four hundred and twenty-seven dollars and thirteen cents, for his share of prize money, arising from the capture of the British fleet on Lake Champlain, during the late war, and reported to be due to him on the books of the treasury; to be paid out of any money not otherwise appropriated. NAVY PENSION LAWS, &o. 263 [269. ] [Lawus of the U. S., vol. 9, page 38.] CHAP. 55. An act further to extend the term of certain pensions chargeable on the privateer pension fund. 1. Privateer pensions continued for five years: Payable out of privateer fund only: To cease to widows who marry again. APPRov.E:D, JUNE 19, 1834. SEC. 1. Be it enacted by the Senate and House of Representatives of the Uniled States of Anmerica in Cong-ress assembled, That the pensions of all widows who now are, or have been heretofore, in the receipt; thereof, under the provisions of the act entitled "An act giving pensions lo the orphans and widows of persons slain in the public or private armed vessels of the United States," passed the fourth day of March, one thousand eight hundred and fourteen, and the act entitled "An act in addition to an act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States," passed the sixleenth (lay of April, one thousand eight hundred and eighteen, or either of said acts, so far as regards persons receiving pensions from the fund arising from captures and salvage made by the private armed vessels of the United States, be, and the same are hereby continued, under the restrictions and regulations in the said acts contained, for and during the additional term of five years, from and after the period of the expiration of the said pensions, respectively: Provided, however, That the said pensions shall be paid from the proceeds of the privateer pension fund, and without recourse to the United States for any deficiency which may hereafter arise thereon, if any such there be: And provided,fjurther, That no such pension shall be paid to any widow after her intermarriage, had or to be had. [ 270.] [Laws of the U. S., vol. 9, page 80.] CHAP. 100. An act to enable the President to make an arrangement with the government of France in relation to certain French seamen killed or wounded at Toulon, and their families. 1. Pensions to be paid to certain French sailors, &c., who were accidentally wounded by United States frigate. APPROVED, JUNE 28, 1834. WTHEREAS certain French seamen were unfortunately killed, and others wounded, by firing a salute from the American frigate United States, in the harbor of Toulon, on the first day of May last; and whereas it is proper to manifest the sensibility with which the disastrous accident is viewed by the government of the United States, therefore — 264 NAVY PENSION LAWS, &GC SEC. 1. Be it enacted by the Senate and House of Representa-. tives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authors ized and empowered to enter into an arrangement with the government of France for the payment of an annual sum of twice the amount receivable by the navy pensioners of the same or a similar class to the wounded who survive, and to such relatives of those w}ho were unhappily killed as aforesaid, as the President may deem it expedient to include in this provision, which saidt sum shall be paid on the earliest day practicable after the proposed arrangement shall be concluded, and on the same day in each year thereafter during the respective lives of the persons to whom granted. SEC. 2. And be it further enacted, That a sum of money sufficient to enable the President to carry the aforesaid arrangement into effect be, and the same is hereby, appropriated, to be paid, out of any money in the treasury not otherwise appropriated. [271.] [Laws of the U. S., vol. 9, page 107.] CHAP. 134. An act concerning naval pensions, and the navy pension fund. 1. Navy pensions to widows extended for five years. 2. Cost of stock of Bank of Columbia to be reimbursed, with interest. APPROVED, JUNE 30, 18.34. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the provisions and benefits of the act of the twenty-eighth of June, one thousand eight hundred and thirty-two, entitled "An act further to extend the pension heretofore granted to the widows of persons killed, and who have died in the naval service," be continued for another term of five years to all those widows who have heretofore had the benefit of the same; and the same are hereby also extended to the widows of officers, seamen, and marines, who have died in the naval service since the first day of January, one thousand eight hundred and twenty-four, or who, may die in said service by reason of disease contracted, or of casualties by drowning or otherwise, or of injuries received while in the line of their duty; and the pensions of such widows shall commence from the passage of this act: Provided, That every pension hereby granted shall cease on the death or marriage of such widow. SEC. 2. And be it further enacted, That there be reimbursed to the navy pension fund, out of' any money in the treasury not otherwise appropriated, the cost of the stock of the Bank of Columbia, heretofore purchased by the commissioners of the said fund, and which now remains unredeemed by the said bank, together with interest thereon from the period at which said balnk NAVY PENSION LAWS7 &C. 265 ceased to pay interest, to the time of the reimbursement herein directed to be made; and at the period of said reimbursement, the said stock shall be transferred by the Secretary of the Navy to the treasury of the United States. [ 272. ] [Laws of the U. S., vol. 9, page 149.] CHAP. 177. An act for the relief of Hannah Stone. APPROVED JUNE 30, 1834. SEC.. Be it enacted by the Senate and House of Representalives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, directed to place Hannah Stone, widow of John Stone, late of Kennebunk, ill the State of Maine, on the list of naval pensions, in con-formity with the act of March C'our, one thousand eight hundred and fourteen,'"giving pensions to the orphans and widows of persons slain in the public or private armed vessels of'he United States;" and that the said Hannah Stone be allowed and paid the same pension to which she would have been entitled, had the said John Stone been wounded or slain while serving in the line of his duty on board a private a:rmed brig or vessel of the United States. [ 273.] [Laws of the U. S., vol. 9, page 168.] CHAP. 226. An act for the relief of John A. Webster, and for the legal representatives of John Coleman, deceased. APPROVED, JUNE 30, 1834. SEC. 1. Be it enacted by the Senate and House of Representatives of tie United Stases of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized and required to place the name of John A. Webster, late a sailing master in the navy of the United States, on the navy pension list, at the rate of twenty dollars per month, payable from the first day of January, eighteen hundred and thirty-three. SEC. 2. And be it fur'thele enacled, That the Secretary of the Navy pay to the legal representatives of John Coleman, deceased, the sum of one hundred and twenty dollars and forty-two cents, reported on the books of the Fourth Auditor of the Treasury to the said John Coleman, for his share of prize money for tne British vessels captured on Lake Champlain, during the late war; to be paid out of any money not otherwise appropriated. 266 NAVY PENSION LAWS, &C. [274.] [Laws of the U. S., vol. 9, page 186.] CHAP. 273. An act authorizing a sum of money to be distributed among the officers and crew of the late private armed brig General Armstrong. APPFOVED, JUNE 30, 1834. SEC. 1. Be it enacted by the Senate tand House of Representatives of the United States of' America in Congress assembled, That the surm of ten thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, as prize money, among the officers and crew of the late private armed brig General Armstrong, and the legal representatives of such as may be dead. [275.] rLaws of the U. S., vol. 9, page 513.] CHAP. 688. An act for the relief of the owners, officers, and crews of the private armed vessels Neptune and Fox. APPROVED, JULY 2, 1 836. SEC. 1. Be it enacted by the Senate and House of Representatives of the United Stcrtes of America in Congress assembled, That there be paid to the owners, officers, and crews of the private armed vessels Neptune and Fox, or their legal representatives, by the proper officers of the treasury, out of any money not otherwise appropriated, the sum of twenty-five dollars for each of sixty-nine prisoners captured by slid Neptune and Fox on the St. Lawrence river, on the nineteenth day of July, eighteen hundred and thirteen, and delivered to the authorized agent of the United at Sackett's Harbor. [276.] [Laws of the U. S., vol. 9, page 518.] CHAP. 700. An act for the relief of the legal representatives of Henry Richardson and Samuel Stout, and for the relief of Lieutenant John Rudd. 1. H. Richardson; wages and prize money to his heirs. 2. Lieutenant Rudd; prize money paid him: Samuel Stout; prize money paid his representatives. APPROVED, JULY 2, 1836. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asseniled, That the Secretary of the Navy be, and he is hereby, authorized to pay to the legal representatives of Henry Richardson, deceased, out of the navy pension fund, the sum of two huodred and thirty-three dollars and eighty cents, it being the amount due to the said representatives of Henry Richardson, deceased, a marine on board the United States sloop of war Wasp, under the act of Congress NAVY PENSION LAWS, &C. 267 of the sixth of April, eighteen hundred and sixteen, and passed to the navy pension fund in consequence of not being claimed. SEC. 2. And be it falrther enacted, That the following sums of money heretofore appropriated and carried to the surplus fund be, and tile same are hereby, directed to be paid out of any money in the treasury not otherwise appropriated, to wit: To Lieutenant John Rudd, for his proportion of prize money in virtue of the act entitled "An act for the relief of Thomas Holdup Stevens, and others," approved the fourteenth July, eighteen hundred and thirty-two, forty dollars. To the legal representatives of Samuel Stout, deceased, for his proportion of prize money, in virtue of the act entitled "An act providing for the distribution of one hundred thousand dollars among the captors of the Algerine vessels captured and restored to the Dey of Algiers," approved twenty-seventh April, eighteen hundred and sixteen, twenty dollars and eighty-five cents. [277.] [Laws of the U. S., vol. 9, page 644.] CHAP. 805. An act for the more equitable administration of the navy pension fund. 1. Navy pensions to widows and orphans to commence at the death of the husband. 2. Pensions to officers and men to commence from disability. 3. Acts repealed. ArrFOVED MARCH 3, 1837. Src. 1. Be it enacted by the Senate and House of Representatives of the Unaited'States of Amexrica in Congress assembled, That if any officer, seaman, or marine, have died, or may hereafter die, in the naval service, leaving a widowv, and, if no widow, a child or children, such widow, and if no widow, such child or children, shall be entitled to receive half' the monthly pay to which the deceased would have been entitled, under the acts regulating the pay of the navy, in force on the first day of January, one thousand eight hundred and thirty-five, to commence from the time of the death of such officer, seaman, or marine; but in case of the death or intermarriage of such widow, the half pay shall go to the child or children of deceased officer, seaman, or marine: Provided, That the- half pay granted to the child or children shall cease on their death, or on their attaining the age of twentyone years. SEC. 2. And be it further enacted, That the pensions which may have been granted, or which may hereafter be granted, to officers, seaman, and marines, in the naval service, disabled by wounds or injuries received while in the line of their duty, shall be considered to commence from the time of their being so disabled; and that the amount of pension to which the said officers, seamen, and marines, may be entitled, shall be regulated according to the pay of the navy, as it existed on the first day of January, one thousand eight hundred and thirty-five. 268 NAVY PENSION LAWS, &C. Sec. 3. And be it further enacted, That all acts, and parts of acts, which may be inconsistent with the provisions of this act, be, and the same are herleby repealed, so far as they may relate hereto. L 278.] [Laws of the U. S., vol. 9, page 668.] CHAP. 814. An act for the relief of Abigail Appleton. APPROVED, MARCH 3, 1837. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the pension heretofore granmed, by law, - to Abigail Appleton, the widow of Daniel Appleton, pursuant to the provisions ci the act entitled " An act in addition to act an giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States," and the act to which the same is an addition, subject to the conditions and limitations therein contained, be, and the same is hereby, renew-ed and continued for an additional term of five years, to commence irom the third day of September, one thousand eight hundred and thirty-four, subject to the conditions and limitations aforesaid. 279.] [Laws of the U. S., vol. 9, page 685.] CHAP. 837. An act authorizing the Secretary of the Navy to place the name of Doctor John P. Briggs on the navy pension list. APPROVED, MARCH 3, 1837. SEC. 1. Be it enacted by the Senate and House of Repr esentaltives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he hereby is, authorized and required to place upon the list of invalid pensioners of the navy pension fund, at the rate of twenty-five dollars per month, to be paid out of said fund, John P. Briggs, late an acting surgeon on of the ship Saratoga, who was wounded by a splinter in the action with the British fleet on Lake Champlain, on the eleventh of of September, eighteen hundred and fourteen; to commence on the first of October, eighteen hundred and thirty-two. [280.] [Laws of the U. S., vol. 9, page 689.] CHAP. 845. Resolution granting a pension to Susan Decatur, widow of the late Stephen Decatur. APPROVED, MARCH 3, 1837, Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Fhat AMrs. Susan NAVY PENSION LAWS7 &C. 269 JDeatiu-, wvidow of the late Commodore Stephen Decatur, be paid From the navy pension fund a pension for five years, commencing from the thirtieth June, eighteen hundred and thirty-four, in conformity with the provisions of' the act concerning naval pensions and the navy pension fund passed thirtieth June, eighteen hundred and thirty-four, and that she be allowed from said fund the arrearatres of the half pay of a post captain, from the death of Commodore Decatur to the thirtieth of June, eighteen hundred and thirty-four, together with the pension hereby allowed her; and that the arrearage of said pension be vested in the Secretary of the Treasury in trust for the use of said Susan Decatur: Provided, That the said pension shall cease on the death or marriage of said Susan Decatur. L281.] [Laws of the U. S., vol. 9, page 946.] CHIAP. 1142. An act to remunerate the captors of the privateer Lydia, APPROVED, FEBRUARY 6, 1839. SEC. 1. Be it enacted by the Senate and House of Representad live.s of the United States oqf' Anzerica in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the treasury not otherwise appropriated, to David Robinson, Ebenezer Robinson, James Riobinson, and John 1Robinson, or to their or either otf their heirs or assigns, the sum of one thousand dlollars, as a remuneration for the capture of the privateer Lydia, at Robinson's island, in the year eigh'feeu!lmndred and thirteen. 282.] [Laws of the U. s., vol 9, page 1043.] CHAP. 1247. An act for the relief of the widow of Thomas Iibey. APPROVED, MAaCII 3, 1839.'Sc. 1. Be it enacted by the Senate and House of i presenta~ iures of the U7nited States of America in Cong-ress assemi)ed That li~cerc be allowed and paid to the wiidowT of T:hoams Kibbev, de. ceased, late a private in the marine corps, and wvho died by reason of a disability received in the line of his du-y, ther sum to which he, would have been entitled as a full pensioner,f Ion'r the firstl day of April, eighteen hundred and thilty-four, to the first dlay )f April, eighteen hundred n-nd thirt- seven had been on the p usion list during that time.. 270 NAVY PENSION LAWS, &'C. [283.1 LLaws of the U. S., vol. 9, page 1059.] CHAP. 1293. An act granting a pension to the widow of John AMarch, deceased. APPROVED, MARCH 3, 1839. SEC. 1. Be it enacted by the Senate and House *f Representatives of the United States of America in Congress assembled, That there be paid out of the navy pension fund, to the widow of John March, deceased, an ordinary seaman of the United States ship Adams, who received an injury while in the line or his duty, a pension equal to half that to which he would have been entitled, provided the proof required by the regulations of the Navy Department had been produced; to commence on the twenty-second day of December, eighteen hundred and thirty-four, and to end on the (lay of his death. 284.] [Laws of the U. S., Pamphlet Ediiion for 1841.1 CHAP. 8. An act to provide for the payment of navy pensions. 1. $139.666 06 appropriated: Pensions under act 3d March, 1837, limited to close of next session of Congress: No widow or children of any naval officer, seaman, or marine, who may hereafter die, entitled. 2. No officer, seaman, or marine, shall receive pay at the same time both as a pensioner and an officer in service. APPR.OVED, AUGUST 16, 1841. SEc. 1. Be it enacted by the Senate and House of Representao tives of the United States of America in Congress assembled, That the sum of one hundred and thirty-nine thousand six hundred and sixty-six dollars and six cents is hereby appropriated, to be paid out of any money in the treasury not otherwise appropriated, for the payment of pensions and half pay chargeable on the navy pension fund: Provided, That all widows or children of all naval officers, seamen, or marines. now deceased, and entitled to receive or make proof of their pensions under the act of the third of March, eighteen hundred and thirty-seven, shall receive the same until the close of the next session of Congress; but no widow or children of any naval officer, seaman, or marine, who may hereafter die, shall be entitled to any pension by virtue only of any provision in the said act. SEC. 2. And be it further enacted, That no officer, seaman, or marine, entitled to a pension from the navy pension fund, who receives pay from the public treasury, shall receive more from the said fund than is sufficient to make the whole amount received from both the above-named sources equal to the pay fixed by law for the grade to which the officer, seaman, or marine may belong as an officer in the services in which he may be engaged during the year, so that no officer shall receive pay at the same time both as a pensioner and an officer in service. NAVY PIENSION LAWS, &C. 271 [ 285. ] LLaws of the U.S., Pamphlet Edition for 1842.] CHAP. 189. An act making an appropriation to supply a deficiency in the navy pension fund. 1. $84,951 appropriated to supply the deficiency in the navy pension fund. 2. Act of Mlarch 3, 1837, repealed: Pensions to be regulated according to the pay of the navy on the 1st of January, 1835. 3. Act of April 6, 1838, partially repealed, and the time for unclaimed money to remain in the hands of agents extended to fourteen months. APPROVED, AUGUST 23, 1842. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Co70gress assembled, That the sum of eighty-four thousand nine hundred and fifty-one dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to supply any deficiency which may exist in the navy pension fund, for the payment of the semi-annual navy pensions which will be due on the first day of July, eighteen hundred and forty-two. SEC. 2. And be it further enacted; That the act entitled "An act to provide for the more equitable administration of the navy pension fund," approved March third, eighteen hundred and thirtyseven be, and the same is hereby, repealed, fiom and after the first day of July, eighteen hundred and forty-two. And all pensions to officers and seamen in the naval service shall be regulated according to the pay of the navy as it existed on the first day of January, one thousand eight hundred and thirty-five. SEc. 3. And be if farther enacted, That so much of the act entitled "An act directing the transfer of money remaining unclaimed by certain pensioners, and authorizing the payment of the same at the treasury of the United States," approved April sixth, eighteen hundred and thirty-eight, as requires pensions that may have i~emained unclaimed in the. hands of pension agents for eight months to be returned to the treasury, be, and the same is hereby, repealed, and that the time within which such pensions shall be returned to the treasury be, and the same is hereby, extended to fourteen months; subject to all the other restrictions and provisions contained in the said act. [ 286. ] LLaws of the U. S., Pamphlet Edition for 1843.] CHAP. 76. An act making appropriations for the payment of navy pensions due on the first day of July, one thoiusand eight hundred and forty-three, and on the first day of January, one thousand eight hundred and forty-four. 1. Pay of invalids: Widows' pensions under act of June 30th, 1834: Claims of Widows and orphans under act of M arch 3d, 1837. APPROVED, MARCH 3, 1843. SEC. 1. Be it enacted by the Senate and House of Representa. tives of the United States of America in Congress assembled, That 2 )i XAVY PENSION LAWS, &C. athe following sums be, and the same are hereby, appropriated9 out or any money in the treasury not otherwise appropriated, fol the payment of the navy pensions which will become due on the first day of July one thousand eight hundred and forty-three. and on the first day of January, one thousand eight hundred and forty-four. To pay the invalids now on the rolls, (and those who may be added during the first half year of one thousand eight hundred and forty-three,) on the said first day of July, twenty thousand dollars; and. on the said first day of January, twenty thousand dollars. To pay Nwidows' pensions under act of June thirty, one thousand eight hundred and thirty-four, (including not only those wvho are now on the rolls, but those who may be added for the first half year of one thousand eight hundred and forty three,) on the said first day of July, three thousand dollars; and on the said first day of January, three thousand dollars. To pay the claims of widows and orphans, under the act of March third, one thousand eight hundred and thirty-seven, on the said first day of July, eight thousand dollars; and on the said first day of January, eight thousand dollars. [ 287.] [Laws of the U. S., Pamphlet Edition for 1844.] CHAP. 63. An act for the relief of the widows and orphans of the officers, seamen, and marines, of the United States schooner Grampus, and for other purposes. 1. Fixing time of pensions: March 20, 1843, to be considered the day the Grampus foundered, and May 1, 1839, as the day on which the Sea Gull was lost. 2. If there is no widow, but children under sixteen, they are to have the pension: In case of death or marriage of widow, pension to go to children Pension to cease on the death of the children J. S. Thacher's accounts to be settled) and to be credited with whatever may appear to be due by him. APPROVED) JUtNE 15) 1844, SEC. I1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of fixing the time at which shall commence the pensions, under the existing laws, of the widows of the officers, sea. men, and marines, who were lost in the United States schooner Grampus, as well as the time to which the pay of said officers, seamen, and marines, shall be allowed, the twentieth day of March, one thousand eight hundred and forty-three, shall be deemed and taken to be the day on which the said schooner Grampus foundered at sea; and that, for the like purposes, the first day of May, one thousand eight hundred and thirty-nine, shall be deemed and taken to be the day on which the- United States schooner Sea Gull was lost in like manner. SEc. 2. And be it further enacted, That if any of the said offcers, seamen, or marines, shall have left no widow, or having wiAVY PENSION LAWS, &C. 273 left a widow, she shall have died before the passage of this act, and there shall be living at the date of the passage of this act a child or children of said officers, seamen, or marines, under sixteen years of age, such child or children shall be entitled to the same pension to which the widow, had there been one as aforesaid, would have been entitled, for the like period of five years; but in case of the death or intermarriage of the widow before the expiration of the said term of five years, the said pension for the remainder of the said term shall go to the child or children of the said deceased officer, seaman, or marine: Provided, That such pension shall cease upon the death of such child or children. SEC. 3. And be it further enacted, That the proper accounting officers of the Treasury Department be, and they are hereby, authorized and directed to settle the accounts of James S. Thacher, late purser in the navy, who was lost in said schooner Grampus, with all his accounts and vouchers for expenditures and payments made by him, and with all the money, stores, and supplies, procured for the use of said vessel, and to allow him a credit for whatever sum appears to be due from him on the books of the department. [ 288.] [Laws of the U. S., Pamphlet Edition for 1844.] CHAP. 58. An act making appropriations for the payment of navy pensions for the year ending thirtieth June, eighteen hundred and forty-five. 1. Invalid pensions, $40,000: Widows' pensions, under act of June 30, 1834, $6,000: Widows and orphans pensions, under act of March 3, 1837, $16,000: Invalid pensions from the time they were stopped $18,000: Widows and orphans of persons lost in the Grampus and Sea Gull, $10,000. APPROVED, SUNE 15, 1844. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of navy pensions for the year ending the thirtieth June, eighteen hundred and forty-five: To pay invalid pensions, forty thousand dollars. To pay widows' pensions, under the act of thirtieth June, eighteen hundred and thirty-four, six thousand dollars, To pay widows' and orphans' pensions, under the act of third March, eighteen hundred and thirty-seven, sixteen thousand dollars. For payment of invalid pensioners, heretofore paid from the privateer pension fund, their several pensions to commence from the timne they were stopped in consequence of the exhaustion of said fund, eighteen thousand dollars. For payment of pensions to the widows and orphans of those persons who were lost in the United States schooner Sea Gull 25 274 NAVY PENSION LAWS, &0C and in the United States schooner Grampus, agreeably to the provisions of an act passed at the present session, entitled "An act for the relief of the wido ws and orphans of the officers, seamen, and marines, of the United States schooner Grampus, ten thousand dollars. [289.1 [Laws of the U. S., Pamphlet Edition for 1844.] CHAP. 161. An act for the relief of William McPherson. APPROVED, JUNE 17, 1844. SEc. 1. Be it enacted by the Senate and House of Representatives of the [United States of America in Congress assembled, That the Secretary of the Navy be directed to place the name of William: McPherson on the roll of invalid naval pensioners, and that there be paid to the said William McPherson a pension at the rate of eight dollars per month during his natural life, to commence on the first day of January, one thousand eight hundred and fortythree. [ 290. ] [Laws of the U. S., Pamphlet Edition for 1845.] CHAP. 37. An act making appropriations for the payment of navy pensions for the year ending thirtieth June, eighteen hundred and forty-six. APPROVED, MARCH 1, 1845. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of navy pensions for the year ending the thirtieth June, eighteen hundred and forty-six: To pay invalid pensions, forty thousand dollars. To pay the privateer pensions, three thousand dollars. To pay widows' pensions, twelve thousand dollars. To supply a deficiency in the appropriation for paying widowsr pensions under the act of June thirtieth, eighteen hundred and thirty-four, for the year ending thirtieth June, eighteen hundred and forty-five, six thousand dollars. [291.]1 [Laws of the U. S., Pamphlet Edition for 1845.] CHAP. 41. An act renewing certain naval pensions for the term of five years. 1. Pensions heretofore granted to widows continued: To cease on death or marriage. APPROVED, MARCH 3, 1845. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That NAVY PENSION LAWS, &C. 215 the pensions for the period of five years, which have been heretofore granted out of the naval pension fund, to the widows of officers, seamen, and marines, who have been killed or died by reason of' a wound received in the line of their duty, or who have died by occasion of disease contracted, or of a casualty by drowning or otherwise, or of injury received while in the line of their duty, and which pensions have ceased in consequence of the expiration of the period for which they were originally granted, or for which they were subseqently renewed, shall be continued for another period of five years, to such of the said widows as have remained unmarried; to commence from the day on which such pensions, respectively, terminated; and to be paid out of any money in the treasury not otherwise appropriated: Provided, That every pension hereby renewed shall cease on the death or intermarriage of the widow to whom the same is hereby granted. [ 292.] [Laws of the U. S., Statutes at Large, vol. 9, page 101.] CHAP. 177. An act making appropriations for the payment of navy pensions for the year ending thirtieth June, one thousand eight hundred and forty-seven. APPROVED, AUGUST 10, 1846. SEC. 1. Be it enacted by the Senate and House of Representa. Jives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of navy pensions for the year ending the thirtieth June, one thousand eight hundred and forty-seven: To pay invalid pensions, thirty-two thousand three hundred and thirty-five dollars and forty cents. To pay the pensions of widows of oflicers, seamen, and marines, twelve thousand dollars. [293.] LLaws of the (U S., Statutes at Large, vol. 9, page 174.] CHAP. 49. An act making appropriations for the payment of navy pensions for the year ending thirtieth June, eighteen hundred and forty-eight. 1. Appropriation: Invalid pensions: Pensions of widows. 2. Act of 1845, renewing certain naval pensions for five years, continued: Privateer pension fund. APPROVED, IARCH 3, 1847. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated for .276 NAVY PENSION LAWS, &C. the payment of navy pensions for the year ending thirtieth June, eighteen hundred and forty-eight: To pay invalid pensions, thirty-six thousand dollars. To pay the pensions of' widows of officers, seamen, and marines, sixteen thousand dollars. SEC. 2. Alud be it furtheir enacted, That the provisions of the act of eighteen hundred and forty-five, chapter forty-one, entitled "An act renewing certain naval pensions for the term of five years," be, and the same are hereby, extended to all pensions of similar kind which have expired since the passage of said act; and the pensions which were renewed by the said act for the term of five years, and which may expire before the next session of Congress, shall be, and hereby are, renewed and continued fbr another term of five years, to the persons entitled thereto, in the same manner, and subject to the same conditions as are in said act contained, and to commence from the time they may severally expire, and to be paid out of any money in the treasury not otherwise appropriated. For the payment of pensions under the privateer pension fund, as pledged by the government by act of Congress of June twentysixth, eighteen hundred and twelve, three thousand dollars. [294.] [Laws of the U. S., Statutes cat Large, vol. 9, page 282.] CHAP. 155. An act renewing certain naval pensions, and extending the benefits of existing laws, respecting naval pensions, to engineers, firemen, and coal-heavers in the navy, and to their widows. 1. Naval p lnsions of certain widows and orphans, renewed: Pensions to be paid so long as such widows continue as widows: In case of death or marriage of widows, pensions to be paid to their children until they arrive at sixteen years of age. 2. Pension laws extended to engineers, firemen, and coal-heavers, in the navy, and their widows and children: Rates of pension. 3. Amount of pension not to exceed the half pay of the deceased. APPROVED, AUGUST 11, 1848. SEC. i. Be it enacted by the Senate and House of Representatives of the United States of America i'n Congress assembled, That all those widows and such child or children as are now receiving a pension under any of the laws of Congress passed prior to the first of August, eighteen hundred and forty-one, (excepting the law passed the third of March, eighteen hundred and thirtly-seven,) and those] widows and children who have received pensions at any time within five years prior to the passage of this act, may and shall continue to receive the same amount as they have received under any special act, from the time such special act expirced: Pros-.ided, Such act ceased on or after the. first day of' September., eighteen hundred and forty-five, or may h -reafer terminate. And all such pensions as are now in force, and such as are now renewed by this act, shall be paid out of any money in NAVY PENSION LAWS, &C. 277 the treasury not otherwise a,ppropriated, so long as the said widows shall live as widows; and in case of the death, before or after the passage of this act, of the widows, to the orphan child or children of the deceased parties, until they respectively arrive at the age of sixteen years; and to the child or children of said widows in case of marriage by said widows, until said child or children shall respectively arrive at the age of sixteen years; and that the act approved thirtieth April, eighteen hundred acnd fc-irty-four, shall not be so construed as to exclude officers, seamen, or marines from their pensions when disabled for sea service: Provided, That the whole amount received by the pensioner, including pay for his service and pension, shall not exceed his lowvest duty pay. That the orphan child or children of the deceased parties shall have a pension in case the widow has died after drawing a five years' pension, to commence at the time when the widow dies, and to continue until the child or children shall respectively reach the age of sixteen years; and that any casuality by which an officer, seaman, or marine has lost or may lose his life while in the line of his duty, shall be considered sufficient to entitle the widow, child, or children to all the benefits of this act. SEc. 2. And be itfurther enacted, That engineers, firemen, and coal-heavers in the navy shall be entitled to pensions in the same manner as officers, seamen, and marines; and the widows of engineers, coal-heavers, and firemen in the same manner as the widows of officers, seamen, and marines: Provided, That the pension of a chief engineer shall be the same as that of a lieutenant in the navy; and a pension of the widow of a chief engineer the same as that of the widow of a lieutenant in the navy; the pension of a first assistant engineer the same as that of a lieutenant of marines; and the pension of the widow of a first assistant engineer the same as that of the widow of a lieutenant of marines; the pension of a second or third assistant engineer the same as that of a forward officer; and the pension of the widow of a second or third assistant engineer the same as that of the widow of a forward officer; the pension of a fireman or coal-heaver the same as that of a seaman; the pension of the widow of a fireman or coal-heaver the same as that of the widow of a seaman: And provided further, That an engineer, fireman, or coalheaver shall not be entitled to any pension by reason of a disability incurred prior to the thirty first of August, eighteen hundred and forty-two, nor shall the widow of an engineer, fireman, or coal-heaver be entitled to any pension by reason of the death of her husband, if his death was prior to the said deate. See. 3. And be it farther enacted, That the amount of pension in every case arising under this law [is] not to exceed the half pay of the deceased officer, seaman, or marine, as it existed in January, eighteen hundred and thirty-five, or such rate of pension as is allowed by this act. 278 NAVY PENSION LAWS, &e. [295.1 [Laws of the U. S., Statutes at Large, vol. 9, page 340.] No. 24. Joint Resolution concerning certain portions of the marine and ordnance corps.e 1. The officers, non-commissioned officers, &c., of the marine corps, and artificers andi laborers of the ordnance corps, who served in Mexico, placed, as to bounty land and other remuneration, on a footing with the regular army. 2. Non-commissioned officers of the marine corps to be entitled to bounty for re-enlistment. APPROVED, AUGUST 10, 1848. 1. Resolved by the Senate and House of Representatives of the United States of America in Congroess assembled, That the officers, non-commissioned officers, privates, and musicians, of the marine corps, who have served with the army in the war with Mexico, and also the artificers and laborers of the ordnance corps serving in said war, be placed, in all respects as to bounty land and other remuneration, in addition to ordinary pay, on a footing with the officers, non-commissioned officers, privates, and musicians of the army: Provided, That this remuneration shall be in lieu of prize money and all other extra allowances. SEc. 2. And be it further resolved, That the non-commissioned officers of the marine corps shall be entitled to the same bounty for re-enlistment as is now or may hereafter be received by the non-commissioned officers of the army. [296.] [Laws of the U. S., Statutes at Large, vol. 9, page 349.1 CHAP. 77. An act making appropriations for the payment of navy pensions for the year ending the thirtieth June, one thousand eight hundred and fifty. 1. Invalid pensions, $40,000: Widows and orphans, $50,000: Invalids wounded or, board private armed vessels, $3,000. APPROVED, MARCH 2, 1849,. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated,. out of any money in the treasury not otherwise appropriated, for the payment of navy pensions, for the year ending the thirtieth of June, one thousand eight hundred and fifty: To pay invalid pensions, forty thousand dollars. To pay the pensions of widows and orphans of officers, seamen, and marines, fifty thousand dollars. To pay the pensions of invalids who were wounded on board of private armed vessels during the last war with Great Britain, three thousand dollars. iAVY PENSION LAWS, &C. 279 [297. ] [Laws of the U. S., Statutes at Large, vol., 9, page 594.] CHAP. 23. An act making appropriations for the payment of navy pensions for the year ending the thirtieth of June, one thousand eight hundred and fifty-two. APPROVED, MARCH 3, 1851. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the pay of navy pensions, for the year ending thirtieth June, one thousand eight hundred and fifty-two: For invalid pensions, forty thousand dollars. [298. [Laws of the U. S., vol. 4, page 542.1 CHAP. 535. An act to reward the officers and crew of the sloop-of-war Hornet; and Lieutenant Elliot and his officers and companions. 1. The President authorized to cause to be distributed $25,000 as prize money to Capt..James Lawrence, his officers, and crew, of the Hornet, for the capture of the British brig Peacock: To Lieut. Elliot, his officers and companions, $12,00.0 for the capture of the Detroit: $37,000 appropriated. APPROVED, JULY 13, 1813. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to have distributed, as prize money, to Captain James Lavwrence, late of the sloop-of-war Hornet, his officers and crew, or their widows and children, the sum of twenty-five thousand dollars, for the capture and destruction of the British brig Peacock; and to Lieutenant Elliot, and his officers and companions, or their widows and children, the sum of twelve thousand dollars, for the capture and destruction of the British brig Detroit; and that the sum of thirty-seven thousand dollars be, and the same is hereby, appropriated to the purpose aforesaid, to be paid out of any money in the treasury not otherwise appropriated.* X This act was omitted in the order of its date, nor is it otherwise material to insert it here, except as a further illustration of the settled policy of the government to reward naval as well as military daring, by special provisions, when the general provisions of the public acts do not meet the case. See further remarks on this subject in the Introduction. OF TtIE UNITED STATES. [The following resolutions, from [1] to [5,] stipulating grants of land to certain officers and soldiers of the continental army, were enacted during the revolutionary war, according to their respective dates.*] [1.] To provide for the raising of eighty-eight battalions to serve for the war. RESOLUTION-IN CONGRESS, SEPTEMBER 16, 1776. Resolved, That, in addition to a money bounty of twenty dollars to each non-commissioned officer and private soldier, Congress make provision for granting lands, in the following proportions, to the officers and soldiers who shall engage in the service, and continue therein to the close of the war, or until discharged by Congress, and to the representatives of such officers and soldiers as shall be slain by the enemy. Such lands to be provided by the United States, and whatever expense shall be necessary to procure such land, the said expense shall be paid and borne by the [United] States, in the same proportion as the other expenses of the war, viz: to a colonel, five hundred acres; to a lieutenant colonel, four hundred and fifty acres; to a major, four hundred acres; to a captain, three hundred acres; to a lieutenant, two hundred acres; to an ensign, one hundred and fifty acres; each non-commissioned officer and soldier, one hundred acres. [2.] RESOLUTION-IN CONGRESS, SEPTEMBER 18, 1776. Resolved, That the bounty and grants of land offered by Congress, by a resolution of the 16th instant, as an encouragement to the officers and soldiers to engage to serve in the army of the United States during the war, shall extend to all who are, or shall * These bounty land resolutions, Nos. [ 1,] [ 2,] [ 3,] [ 4,] [ 5,] &c., are derived from the Journals of Congress, in like manner as those relating to military and naval pensions on the first pages of this compilation. For a few remarks on the general policy of our bounty land system, particularly in relation to bounty lands tendered to Nova Scotia exiles, and other foreigners uniting in our revolutionary struggle, we must refer to the Introduction. We may remark here, however, that those laws being quite voluminous, and obsolete, are not embraced in this collection, but are properly referred to in the Iqtroduction, 282 BOUNTY LAND LAWS. be, enlisted for that term; the bounty of ten dollars, which any of the soldiers have received from the continent on account of a former enlistment, to be reckoned in part payment of the twenty dollars offered by the said resolution: That no officer in the continental army be allowed to hold more than one commission, or to receive pay but in one capacity, at the same time. [3.] RESOLUTION-IN CONGRESS, AUGUST 12, 1780. Resolved, That the provision for granting lands, by the resolution of September sixteenth, one thousand seven hundred and seventy-six, be, and is hereby, extended to the general officers, in the following proportion: to a major general, one thousand one hundred acres; to a brigadier general, eight hundred and fifty acres. [4.] RESOLUTION-IN CONGRESS, SEPTEMBER 22, 1780. Congress resumed the consideration of the report of the committee on the Medical Department; and, on the consideration of the following, it was Resolved, That the several officers of the Medical Department, except the clerks and stewards, shall, at the end of the war, be entitled to a certain provision of land, in the proportion following, to wit: The director to have the same quantity as a brigadier general; chief physicians and purveyor the same as a colonel;. physicians and surgeons, and apothecary, the same as a lieutenant colonel; regimental surgeons and assistants to the purveyor and apothecary, the same as a major; hospital and regimental surgeons' mates, the same as a captain. [5.] RESOLUTION-IN CONGRESS, OCTOBER 3, 1780. And whereas, by the foregoing arrangement,* many deserving officers must become supernumerary, and it is proper that regard be had to them: Resolved, That from the time the reform of the army takes place, they be entitled to half pay for seven years, in specie or other current money equivalent, and also grants of land at the close of the war, agreeably to the resolution of the 16th of September, 1776. * For reducing and regulating the army. BOUNTY LAND LAWS. 283 [6.] [Laws of the U. S., vol. 1, page 563.] CHAP. 32. An ordinance for ascertaining the mode of disposing of lands in the western territory. Surveyors to be appointed, &c. * * * Army bounty lands to be drawn for: Secretary of War to transmit certificates: Regulations with respect to army bounty lands: Reservation of three -townships for refugees: Reservation for the use of Christian Indians: Saving of the rights of officers and soldiers entitled to lands on the northwest side of the Ohio river. IN CONGRESS, MAY 20, 1785. Be it ordained by the United States in Congress assembled, That the territory ceded by individual States to the United States, which has been purchased of the Indian inhabitants, shall be disposed of in the following manner: A surveyor from each State shall be appointed by Congress, or a committee of the States, who shall take an oath for the faithful discharge of his duty, before the geographer of the United States, who is hereby empowered and directed to administer the same; and the like oath shall be administered to each chain carrier, by the surveyor under whom he acts. * And whereas Congress, by their resolutions of September 16th and 18th, in the year 1776, and the 12th of August, 1780, stipulated grants of land to certain officers and soldiers of the late continental army, and by the resolution of the 22d September, 1780, stipulated grants of land to certain officers in the hospital department of the late continental army; for complying, therefore, with such engagements, be it ordained, that the Secretary of War, from the returns in his office, or such other sufficient evidence as the nature of the case may admit, determine who are the objects of the above resolutions and engagements, and the quantity of land to which such persons or their representatives are, respectively, entitled, and cause the townships or firactional parts of townships, herein before reserved for the use of the late continental army, to be drawn for in such manner as he shall deem expedient, to answer the purpose of an impartial distribution. Ile shall, from time to time, transmit certificates to the comissioners of the loan offices of the different States, to the lines of which the military claimants have respectively belonged, specifying the name and rank of the party, the terms of his engagement and time of his service, and the division, brigade, regiment, or company, to which he belonged, the quantity of land he is entitled to, and the township or fractional part of a township and range out of which his portion is to be taken. The commissioners of the loan offices shall execute deeds for such undivided proportions, in manner and form herein before mentioned, varying only in such a degree as to make the same conformable to the certificate from the Secretary of War. Where any military claimants of bounty in lands shall not have belonged to the line of any particular State, similar certifi 284 BOUNTY LAND LAWSo cates shall be sent to the board of treasury, who shall execute deeds to the parties for the same. The Secretary of War, from the proper returns, shall transmit to the board of treasury a certificate, specifying the name and rank of the several claimants of the hospital department of the late continental army, together with the quantity of land each claimant is entitled to, and the township or fractional' part of a township and range out of which his portion is to be taken; and thereupon the board of treasury shall proceed to execute deeds to such claimants. The board of treasury, and the commissioners of the loan offices in the States, shall, within eighteen months, return receipts to the Secretary of War, for all deeds which have been delivered, as also all the original deeds which remain in their hands for want of applicants, having been first recorded; which deeds, so returned, shall be preserved in the office, until the parties or their representatives require the same. And be it further ordained, That three townships adjacent to Lake Erie be reserved, to be hereafter disposed of by Congress, for the use of the officers, men, and others, refugees from Canada, and the refugees from Nova Scotia, who are or may be entitled to grants of land under resolutions of Congress now existing, or which may hereafter be made respecting them, and for such other purposes as Congress may hereafter direct. And be itfurther ordained, That the towns of Gnadenhutten, Schoenbrun, and Salem, on the Muskingum, and so much of the lands adjoining to the said towns, with the buildings and improvements thereon, shall be reserved for the sole use of the christain Indians who were formerly settled there, or the remains of that society, as may, in the judgment of the geographer, be sufficient for them to cultivate. Saving and reserving always, to all officers and soldiers entitled to lands on the northwest side of the Ohio, by donation or bounty from the commonwealth of Virginia, and to all persons claiming under them, all rights to which they are so entitled under the deed of cession executed by the delegates for the State of Virginia, on the 1st day of March, 1784, and the act of Congress accepting the same; and to the end that the said rights may be fully and effectually secured, according to the true intent and meaning of the said deed of cession and act aforesaid, be it ordained, that no part of the land included between the rivers called Little Miami, and Scioto, on the northwest side of the river Ohio, be sold, or in any manner alienated, until there shall first have been laid off and appropriated for the said officers and soldiers, and persons claiming under them, the lands they are entitled to, agreeably to the said deed of cession and act of Congress accepting the same. Done by the United States in Congress assembled, the twentieth day of May, in the year of our Lord one thou BOUNTY LAND LAWS. 285 isand seven hundred and eighty-fve, and of our sovereignty and independence the ninth. RICIHARD -1H. LEE, President. CIt^ AR lEs T.olsoN, $Secretary. RESOLUTION-IN COINGRESS, OCTOBER 292, 1787. On the report of' a committee, consisting of Mr. Carrington, Mr. Kingo, 1M r. Dane, Mr. Madison, and Mr. Cook, to whom was referred a letter of the Secretary of War, of the 26th of April last PResolved, That a million of acres of land, to be bounded east by the seventh range of townships, south by the land contracted for by Cutler and Sargent, and to extend north as far as the ranges of townships, and westward so far as to include the above quantity; also, a tract to bc bounded as follows, beginning at the mouth of the river Ohio, thence up the Mississippi to the river Au Vantse, thence up the same until it meets a west line from the mouth of' he Little\ W abash, thence easterly with the said Vwe(' line to the Great Wabash, thence down the same to the Ohio, and thence with the Ohio to the place of beginning, be reserved and set apart for the purpose of satisfying the military bounties due to the late army; and that no locations, other than for the said bounties, be permitted within the said tract, until they shall be fully satisfied. That the Secretary of War take measures for ascertaining the existing claims for such bounties, and that the geographer proceed to have the same surveyed under the direction of the Secretary of War, agreeably to the terms upon which they have been promised. [Laws of the U. S., vol. 4, page 34.] CHAP. 26. An act to authorize the Secretary of War to issue land warrants; and for other purposes, 1. Th; Secretary of War authorized to issue military land warrants: The warrants nmay be located in thie names of the holders at any time prior to the 1st of October, 1808, oni any of the fifty quarter townships reserved. 2. The surveyor general to ca.use so muclh of the fifty quarter townships to be surveyed as may be located according to law The whole exptense of surveying not to exceed three dollars for every mile. APPROVED, APRIL 15, 1806. SEc.. Be it enacted by the Senate and House of Representaivzes oq/ the Udited States of America?in Congress assembled, That the Secreta-y of War be authorized to issue military land wa-rrants to sueh persons as have or shall, before the first day of Mareh9 oe rthou';a wd eighat hundred and eight, produce to him satist-ac: ory evki dence of the validity of their claims; which warrants, with *This resolution was not carried into effect, 286 BOUNTY LAND LAWS, those heretofore issued, and not yet satisfied, shall and may be located in the names of the holders or proprietors thereof, at any time prior to the first day of October, one thousand eight hundred and eight, on any unlocated parts of the fifty quarter townships and the fractional quarter townships reserved by law for original holders of military land warrants. SEc. 2. And be it further enacted, That it shall be the duty of the surveyor general, under the direction of the Secretary of the Treasury, to cause to be surveyed so much of the fifty quarter townships and the fractional quarter townships aforesaid, as have been, or hereafter may be, located according to law, in confbrmity with the locations made on the plats of the said quarter townships: Provided, The whole expense of surveying the same shall not exceed three dollars for every mile actually surveyed. L9.] [Laws of the U. S., vol. 4, page 155.] CHAP. 141. An act extending the time for issuing and locating military land warrants~ 1. The S: cretary of War authorized to issue military land warrants to persons who have before the 1st of March, 1810, produced satisfactory evidence of their claims: The warrants may be located in the names of the holders prior to 1st of October, 1810. APPROVED, MARCH 21, 1808. SEc. 1. 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 authorized to issue military land warrants to such persons as have, or shall, before the first day of March, one thousand eight hundred and ten, produce to him satisfactory evidence of the validity of their claims; which war, rants, with those heretofore issued and not yet satisfied, shall and may be located in the names of the holders or proprietors thereof, prior to the first day of October, one thousand eight hundred and ten, on any unlocated parts of the fifty quarter townships and the fractional quarter townships reserved by law for original holders of military land warrants, [10.] [Laws of the U. S., vol. 4, page 243.] CHAP, 228. An act extending the time for issuing and locating military land warrants. 1. The Secretary of War authorized to issue military land warrants to such persons as, before the 1st of March, 1813, produce satisfactory evidence of the validity of their claims: The warrants may be located in the names of the holders or proprietors, prior to the 1st of October, 1813, on any unlocated parts of the fifty quarter townships. APPROVED, BECEMtBER 19, 1809. SFc. 1. Be it enacted by the Senate and House of Representa.lives of the United States of America in Congress assembled, That BOUNTY LAND LAWsF 287 the Secretary of War be authorized to issue military land warrants to such persons as have or shall, before the first day of March, one thousand eight hundred and thirteen, produce to him satisfactory evidence of the validity of their claims; which warrants, with those heretofore issued and not yet satisfied, shall and may be located in the names of the holders or proprietors thereof, prior to the first day of October, one thousand eight hundred and thirteen, on any unlocated parts of the fifty quarter townships and the fractional quarter townships reserved by law for original holders of military land -warrants. [ii.] [Laws of the U. S., vol. 4, page 365.] CHAP. 333. An act for completing the existing military establishment. 1. The military establishment to be immediately completed. 2. Sixteen dollars bounty to each effective, able-bodied man recruited or re-enlisted: Non-commissioned officers and soldiers discharged from service, and who have obtained from the commanding officer a certificate that they had faithfully performed duty, are to be allowed three months. pay in addition, and one hundred and sixty acres of land; which, in case they are killed or die in the service, are to go to their heirs: To be designated, surveyed, &c., at the public expense. APPROVED, DECEMBER'24, 1811. SEC. 1o Be it enacted by the Senate and House of Representatires of the United States of America in Conogress assembled, That the military establishment, as now authorized by law, be immediately completed. SEC. 2. And be it further enacted, That there be allowed and paid to each effective, able-bodied man, recruited or re-enlisted for that service, for the term of five years, unless sooner discharged, the sum of sixteen dollars; but the payment of onehalf of the said bounty shall be deferred until he shall be mustered and have joined the corps in which he is to serve; and whenever any non-commissioned officer or soldier shall be discharged from the service, who shall have obtained from the commanding officer of his company, battalion, or regiment, a certifi. cate that he had faithfully performed his duty whilst in service he shall, moreover, be allowed and paid, in addition to the aforesaid bounty, three months' pay, and one hundred and sixty acres of land; and the heirs and representatives of those non-commissioned officers or soldiers, who may be killed in action, or die in the service of the United States, shall, likewise, be paid and allowed the said additional bounty of three months' pay, and one hundred and sixty acres of land, to be designated, surveyed, and laid off, at the public expense, in such manner, and upon such terms and conditions as may be provided by law, 288 BOUNTY LAND LAWS, [12.] [Laws of the U. S., vol. 4, page 367.] CHAP. 337. An act to raise an additional military force. 1. Ten regiments of infantry, two of artillery, and one of light dragoons, to be imme-~ diately raised for five years. * * * 12. Sixteen dollars bounty to each recruit; the payment of eight dollars of the bounty deferred: When any non-commissioned officer or soldier is discharged, and has obtained a certificate from the commanding officer that he had performed his duty, he is to be allowed, in addition, three months' pay and one hundred and sixty acres of land; and, in case of his being killed or dying, the heirs and representatives are to receive the additional bounty; to be designated, surveyed, &c., at the public expense. AIROVED, JANUARY 10, 1812. SEC. 1. Be it enacted by the Senate and House of Representalives of the United States of America in Congress assembled, That there be immediately raised ten regiments of infantry, two regiments of artillery, and one regiment of light dragoons, to be enlisted for the term of five years, unless sooner discharged. * * SEC. 12. And be it further enacted, That there shall be allowed and paid to each effective able-bodied man,recruited as aforesaid, to serve for the term of five years, a bounty of sixteen dollars; but the payment of eight dollars of the said bounty shall be deferred until he shall be mustered, and have joined some military corps of the United States for service. And whenever any non-comnissioned officer, or soldier, shall be discharged from the service, wNho shall have obtained from the commanding officer of his company, battalion, or regiment, a certificate that he had faithfully performed- his duty whilst in service, he shall, moreover, be allowed and paid, in addition to the said bounty, three months' pay, and one hundred and sixty acres of land; and the heirs and representatives of those non-commissioned officers or soldiers who may be killed in action, or die in the service of the United States, shall likewise be paid and allowed the said additional bounty of three months' pay, and one hundred and sixty acres of land; to be designated, surveyed, and laid off, at the public expense, in such manner, and upon such terms and conditions, as may be provided by law.n [ 13.] [Laws of the U. S., vol. 4, page 425.] CHAP. 400. An act to provide for designating, surveying, and granting, the military bounty lands. 1. The President to cause to be surveyed not exceeding six millions of acres of public land: Two million in each of the Territories of Michigan, Illinois, and Louisiana, (Missouri:) The lands to be divided into townships, and subdivided: The lands surveyed, with the exception mentioned, to be set apart for satisfying the bounties of one hundred and sixty acres prolmised to non-commissioned officers and soldiers by the acts mentioned. 2. The Secretary of War to issue warrants for the mi!itary land bounties: The warrants gt For the pension sections 14 and 15 of this act, see No. [44.] ante, BOUNTY LAND LAWS. 289 to be issued in the names of the persons entitled, to be applied for within five years, and not assignable: Persons in whose favor warrants have issued, on delivering them at the'General Land Office, to be entitled to draw by lot one of the quarter sections in either of the Territories, and a patent to be granted without fee. 4. No claim for military land bounties-assignable until after a patent All sales, mortgages, contracts, &c., made prior to granting a patent, with intent to alienate any claim to military land bounties, deelared null and void. APPROVEaD, MAY 6, 1812 SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to cause to be surveyed a quantity of the public lands of the United States, fit for cultivation, not otherwise appropriated, and to which the Indian title is extinguished, not exceeding, in the whole, six millions of acres; two millions to be surveyed in the territory of Michigan, two millions in the Illinois territory, north of the Illinois river, and two millions in the territory of Louisiana, between the river St. Francis and the river Arkansas; the said lands to be divided into townships, and subdivided into sections and quarter sections, (each quarter section to contain, as near as possible, one hundred and sixty acres,) in the manner prescribed by law for surveying and subdividing the other public lands of the United States, the same price to be allowed for surveying as is fixed for surveying the other public lands in the same. territory. And the lands thus surveyed, with the exception of the salt springs and lead mines therein, and of the quantities of land adjacent thereto as may be reserved for the use of the same by the Presidellt of the United States, and the section number sixteen in every township, to be granted to the inhabitants of such township for the use of public schools, shall be set apart and reserved for the purpose of satisfying the bounties of one hundred and sixty acres, promised to the non-commissioned officers and soldiers of the United States, their heirs and legal representatives, by the act entitled "An act for completing the existing military establishment," approved the twenty-fourth day of December, one thousand eight hundred and eleven, and by the act entitled "An act to raise an additional military force," approved the eleventh day of January, one thousand eight hundred and twelve. SEC. 2. And be it further enacted, That the Secretary for the Department of War, for the time being, shall, from time to time, issue -warrants for the military land bounties to the persons entitled thereto by the two last mentioned acts, or either of them: Provided always, That such warrants shall, be issued only in the names of the persons thus entitled, and be, by them or their representatives, applied for within five years after the same persons shall have become entitled thereto; and the said warrants shall not be assignable or transferrable in any manner whatever. SEc. 3. And be it further enacted, That every person in whose favor such warrants shall have been issued, shall, on delivery the same at the office of the Secretary of the Treasury, or o 26 290 BOUNTY LAND LAWS. other officer as may at the time have, by law, the superintends ence of the General Land Office of the United States at the seat of government, be entitled to draw, by lot, in such manner as the officer at the head of the Land Office, under the direction of the President of the United States, may prescribe, one of the quarter sections surveyed by virtue of the first section of this act, in either of the said territories which the person in whose favor such warrant has issued may designate. And a patent shall thereupon be granted to such person, for such quarter section, without requiring any fee therefor. SEC. 4. And be it further enacted, That no claim for the military land bounties aforesaid shall be assignable or transferrable in any manner whatever, until after a patent shall have been granted in the manner aforesaid. All sales, mortgages, contracts, or agreements, of any nature whatever, made prior thereto, for the purpose or- with intent of alienating, pledging, or mortgaging any such claim, are hereby declared and shall be held null and void; nor shall any tract of land, granted as aforesaid, be liable to be taken in execution or sold on account of any such sale, mortgage, contract, or agreement, or on account of any debt contracted prior to the date of the patent, either by the person originally entitled to the land, or by his heirs or legal representatives, or by virtue of any process, or suit at law, or judgment of court, against a person entitled to receive his patent as aforesaid. [14.] [Laws of the U. S., vol. 4, page 57.] CHAP. 477. An act supplementary to the act entitled "An act for the more perfec organization of the army of the United States." 1. The President authorized to appoint one additional major to the first regiment of light dragoons. * * * 4. Twenty-four dollars to be advanced to each able bodied man enlisted after the 1st of February, 1813: Bounty of one hundred and sixty acres ol land. APPROVED, JANUARY 20, 1813. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized by and with the advice and consent of the Senate, to appoint one additional major to the first regiment of light dragoons, the regiment of light artillery, each regiment of infantry, and the rifle regiment, in the army of the United States, who shall receive the like pay, rations, forage, and other emoluments, as officers of the same grade and corps of the present military establishment. SEC. 4. And be it further enacted, That, in order to complete the present military establishment to the full number authorized by law, with the greatest possible dispatch, there shall be paid to each effective able-bodied man, who shall be duly enlisted into 3OUNTY LAND LAWS. 291 the service of the United States, after the first day of February next, to serve for the term of five years, or during the war, an advance of twenty-four dollars, on account of his pay, in addition to the existing bounty, one-half of such advance to be paid at the enlistment of the recruit, and the other half when he shall be mustered and have joined some military corps of the United States, for service; and a bounty of one hundred and sixty acres of land, as heretofere established by law. [15.] [Laws of the U. S., vol. 4,page 542.] CHAP. 535. An act further extending the time for issuing and locating military land warrants. 1. The Secretary of War authorized to issue military land warrants to persons who, before the 1st of March, 1816, produce evidence of the validity of their claims: The warrants may be located in the name of the holders prior to the 1st October, 1816: Patents to be granted as directed by former acts. APPROVED, JULY 5, 1813. SEC. 1. 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 authorized to issue military land warrants to such persons as have or shall, before the first day of March, one thousand eight hundred and sixteen, produce to him satisfactory evidence of' the validity of their claims; which warrants, with those heretofore issued and not yet satisfied, shall and may be located, in the name of the holders or proprietors thereof, prior to the first day of' October, one thousand eight hundred and sixteen, on any unlocated parts of the fifty quarter townships and the fractional quarter townships reserved by law for original holders of military land warrants. And patents shall be granted for the land located under this act in the same manner as is directed by fbrmer acts for granting military lands. [ 16.] [Laws of the U. S., vol. 6, page 59.] CHAP. 49. An act further extending the time for issuing and locating military land warrants, and for other purposes. 1. The-Secretary of War to issue military land warrants to persons who have, before the first of March, 1818, produced satisfactory evidence: The warrants may be located prior to the 1st of October, 1818, on unlocated parts of the fifty quarter townships reserved: Patents to be granted as directed by former acts. 2. At the expiration of the term limited, the Commissioner of the General Land Office is to transmit to the Surveyor General a list of all the lots remaining unlocated; the Surveyor General is to transmit to the registers at Chillicothe and Zanesville general plats of the lots which are to be offered fobr sale. APPROVED, APRIL 16, 1816. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the 2-92 BOUNTY LAND LAWS. Secretary of War be authorized to issue military land warrants to such persons as have or shall, before the first day of March, one thousand eight hundred and eighteen, produced to him satisfactory evidence of the validity of their claims; which warrants, with those heretofore issued, are not yet satisfied, shall and may be located, in the name of the holders or proprietors thereof, prior to the first day of October, one thousand eight hundred and eighteen, on any unlocated parts of the fifty quarter townships and the fractional quarter townships reserved by law for original holders of military land warrants. And patents shall be granted, for the land located under this act, in the same manner as is directed by former acts for granting military lands. SEC. 2. And be it further enacted, That, at the expiration of the term limited by this act, for the location of the military land warrants aforesaid, it shall be the duty of the Commissioner of the General Land Office to transmit to the Surveyor General a list of all the lots of land within the fifty quarter townships and fractional quarter townships which shall at that time remain unlocated; and the Surveyor General shall prepare and transmit to the registers of the land office at Chillicothe and Zanesville, respectively, general plats of the aforesaid unlocated lots; which lots shall, after the first day of M1arch, one thousand eight hundred and nineteen, be offered for sale at the land offices in the districts in which they are situated, in the same manner, on the same- terms and conditions, in every respect, as other public lands are offered at private sale, in the same districts, [17.] [Laws of the U. kS., ol. 6, page 63.] CHAP. 55. An act making further provisions for military services during the late war, and for other purposes. 3. Soldiers who enlisted to serve for five years or during the war, having faithfully served and been regularly discharged, or been promoted, entitled to 160 or 3920 acres, according to the term of enlistment: Warrants and patents to issue. 4. The President to cause two millions of acres additional to be surveyed and laid off for the purposes of this act. 5. No transfer of bounty land valid until after the issue and delivery of the patents to the persons entitled. APPROVED, APRIL 16, 1816. SEC. 3. And be it further enacted, That all soldiers who have been enlisted to serve for five years or during the war, and were above the age of forty-five, or under the age of eighteen years, who have faithfully served during the late war, and have been regularly discharged, and the representatives of such soldiers as shall have died whilst in the service of the United States, and all soldiers who have been enlisted and have faithfully served during the late war, until they have been promoted to the rank of commissioned officers, who, if they had served during the war under BOUNTY LAND LAWS. 293 their enlistment, and been regularly discharged, would have been entitled to a bounty in land, shall be entitled to one hundred and sixty or three hundred and twenty acres of land, according to the term of enlistment; the warrants and patents to issue in the same manner as in the-case of soldiers enlisted of proper age, and discharged under similar circumstances. SEc. 4. And be itfurther enacted, That, for the purpose of carrying the provisions of this act into effect, and other acts giving bounty lands to soldiers of the regular army, the President of the United States is hereby authorized to cause to be surveyed and laid off in one or more surveys, two millions of acres, not otherwise appropriated, in addition to the appropriations of lands by the act of May the sixth, one thousand eight hundred and twelve, for:,designating, surveying, anrid granting military bounty lands according to the provisions of said act. SEC. 5. And be it further enacted, That no transfer of land granted in virtue of this or any other law, giving bounties of land to the non-commissioned officers, musicians, and privates enlisted during the late war, shall be valid, unless the contract or agreement therefor, or letters of attorney, giving power to sell or convey, shall have been executed after the patents shall be issued and delivered to the persons entitled thereto. [18.l [Laws of the U. S., vol. 6, page 119.] CHAP. 127. An act providing for cases of lost military land warrants and discharges for faithful services. 1. Soldiers of the regular army having obtained warrants and lost them,upon satisfactory proof of the fact to the Secretary of War, are entitled to patents. S. When it appears, to the satisfaction of the Secretary of War, that certificates of faithful services, in cases of discharge from military service, have been omitted by neglect, misconstruction, or casualty, the omission is not to prevent the issuing of warrants and patents: Upon proof of the loss of a discharge and certificate, the Secretary of War is to furnish papers, if the measures be justified by the time of enlistment. APPROVED, APRIL 27, 1816. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any soldier of the regular army, having obtained a military land warrant, shall have lost, or shall hereafter lose, the same, or the said warrant shall have been or may be, by accident, destroyed, every such soldier shall, upon proof thereof, to the satisfaction of the Secretary of War, be entitled to a patent, in like manner as if the said warrant was produced. SEC. 2. And be it further enacted, That in all cases of discharges from the military service of the United States, of any soldier of the regular army, when it shall appear to the satisfaction of the Secretary of War that a certificate of faithful services 294 3BOvUNTY LAND LAWS. has been omitted by the neglect of the discharging officer, by misconstruction of the law, or by any other neglect or casualty, such omission shall not prevent the issuing of the warrant and patent as in other cases. And when it shall be proved as aforesaid that any soldier of the regular army has lost his discharge and certificate of faithful service, the Secretary of War shall cause such papers to be furnished such soldier of the regular army as will entitle him to his land warrant and patent: Provided, Such measure be justified by the time of his enlistment, the period of service, and the report of some officer of the corps to which he was attached. [19.] [Laws of the U. S., vol. 6, page 261.] CHAP. 302. An act supplementary to the act entitled "An act further extending the time for issuing and locating military land warrants, and for other purposes." 1. Time for issuing military land warrants extended to 1st of March, 1819: Time for locating unlocated warrants extended to 1st of October, 1819. APPROVED, MARCH 9, 1818. SEC. -1. Be it enacted by the Senate and -House of Representatives of the United States of America in Congress assembled, That the time limited by the act passed on the sixteenth day of April, one thousand eight hundred and sixteen, and to which this is a supplement, for issuing military land warrants, shall be extended to the first day of March, one thousand eight hundred and nineteen; and the time limited by the said act for the location of unlocated military land warrants shall be extended to the first day of October, one thousand eight hundred and nineteeno [ 20.] [Laws of the U. S., vol. 6, page 377.] CHAP. 452. An act allowing further time to complete the issuing and locating of military land warrants. 1. The authority granted to the Secretary of War by the acts of 6th May, 1812, and 10th December, 1814, to issue military bounty land warrants, continued until 4th March, 1824. 2. The time limited for issuing and locating military land warrants by act of 9th March, 1818, extended to 4th March and 1st October, 1821. APPROVED, FEBRUARY 24, 1819. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the authority granted to the Secretary for the Department of War, by the second section of the act to provide for designating, surveying, and granting, the military bounty lands, approved the BOUNTY LAND LAWS. 295 sixth day of May, one thousand eight hundred and twelve, and by the fourth section of the act making further provision for filling the ranks of the army of the United States, approved December tenth, one thousand eight hundred and fourteen, to issue warrants for the military land bounties to persons entitled thereto, shall be revived and continued in force for the term of five years, from and after the fourth day of March next. SEC. 2. And be it further enacted, That the time limited by the act supplementary to the act further extending the time for issuing and locating military land warrants, and for other purposes, approved March ninth, one thousand eight hundred and eighteen, for issuing military land warrants, shall be extended to the fourth day of March, one thousand eight hundred and twenty-one, and the time limited by the said act for the location of unlocated military land warrants, shall be extended to the first day of October thereafter. [21.] [Laws of the U. S., vol. 6, page 582.] CHAP. 700. An act to regulate the location of land warrants, and the issuing of-patents in certain cases. 1. Assignees of warrants issued to Canadian volunteers may locate them and receive patents in their own names: No location prior to an offer at public sale. APPROVED, MARCH 3, 1821. SEC. 1. Be it enacted by the Senate and [House of Representatives of the United States of America in Congress assembled, That the holders, by assignment, of warrants issued under the acts of Congress of the fifth of March, eighteen hundred and sixteen, the third of March, eighteen hundred and seventeen, to Canadian volunteers, may be, and hereby are, authorized to locate the said warrants, and to receive patents therefor in their own names, as had been the practice before the twenty-sixth of December, eighteen hundred and nineteen: Provided, however, That in no case shall lands be so located until after having been exposed to public sale, shall remain unsold. [22.] [Laws of the U. S., vol. 7, page 312.] CHAP. 407. An act to allow further time to complete the issuing and locating of itary land warrants. 1. The issuing of land warrants revived and continued in force for five years. APPROVED, MAY 26, 1824. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the 296 BOUNTY LAND LAWS. authority granted to the Secretary of the Department of War, by an act approved the twenty-fourth day of February, one thousand eight hundred and nineteen, to issue warrants for the military land bounties to persons entitled thereto, shall be revived and continued in force for the term of five years. [23.] [Laws of the U. S., vol. 7, page 425.] CHAP. 552. An act to extend the time of issuing and locating military land warrants to officers and soldiers of the revolutionary army. 1. The time limited by the act of 24th February, 1819, for issuing military land warrants, extended. APPRoVED, MARCH 3, 1825. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time limited by the second section of the act approved the twenty-fourth day of February, one thousand eight hundred and nineteen, for issuing military land warrants to the officers and soldiers of the revolutionary army, shall be extended till the fourth of March, one thousand eight hundred and twenty seven, and the time for locating the unlocated warrants shall be extended till the first day of October thereafter. L 24.] [Laws of the U. S., vol. 7, page 520.] CHAP. 708. An act authorizing certain soldiers in the late war to surrender the bounty lands drawn by them, and to locate others in lieu thereof. 1. Soldiers, or their heirs, to whom bounty lands have been patented, in Arkansas, unfit for cultivation, to receive in exchange a like quantity on any of the unappropriated lands in the military district in said Territory: Duty of the Register to give a certificate of the lands so located and entered: Duty of the Commissioner of the General Land Office: Before such certificate be granted, the applicant is to satisfy the Register that his interest in the land before patented to him has not been divested: Such surrender to be made on or before the 1st of January, 1830. APPROVED, MAY 22, 1826. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be lawful for any soldiers in the late war, or their heirs, to whom bounty lands have been patented, or may hereafter be patented, in the Territory of Arkansas,.and which land is unfit for cultivation, and who have removed, or shall hereafter remove, to the said territory, with a view to actual settlement on the lands by them drawn-in all such cases, where it shall be made to appear, in such manner as the Commissioner of the General Land Office shall direct, to the satisfaction of the register and receiver of the proper district, that the land patent BOUNTY LAND LAWS. 297 ed to them is unfit for cultivation, and on the surrender of the patent to them granted, accompanied with such a release of their interest as the Commissioner of the General Land Office shall prescribe, such soldier, or his heirs, may locate and enter with the register of the land office for the.proper district in- the Territory of Arkansas, according to the sectional and divisional lines, the like quantity-on any of the unappropriated public lands in the military district in said territory; and upon such entry and location being made, it shall be the duty of the register to issue to the person so locating a certificate specifying the quarter or half section of land so located and entered; and it shall be the duty of the Commissioner of the General Land Office, if he is satisfied such certificate was fairly obtained, to issue a patent for the lands so located, whenever the certificate aforesaid shall be presented to him for that purpose: Provided, That before such certificate of location shall be granted, the applicant shall satisfy the register and receiver that his interest in the land originally patented to him has not been divested, either by his own acts, or by the operation of law, for taxes or otherwise: And provided, also, That such surrender and relocation shall be made on or before the first day of January, eighteen hundred and thirty. But, if said interest shall have been divested in either mode above mentioned, no title shall be acquired to the land subsequently patented. [ 25.] [Laws of the U. S., vol. 7, page 560.] CHAP. 753. An act to extend the time of issuing and locating military land warrants to officers and soldiers of the revolutionary army. APPROVED,'IARCH 2, 1827. SEC. 1. Be it enacted by the Senate and House of Representatives of the Uinited States of America in Congress assembled, That the time limited by the second section of the act approved the twenty-fourth day of February, one thousand eight hundred and nineteen, for issuing military land warrants to the officers and soldiers of, the revolutionary army, shall be extended till the first dat of October thereafter. [ 26.] [Laws of the U. S., vol. 8,page 181.] CHAP. 175. An act to allow further time to complete the issuing and locating of military land warrants. APPROVED, FEBRUARY 5, 1829. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 298 BOUNTY LAND LAWS. the act entitled " An act to allow further time to complete the issuing and locating of military land warrants," approved the twentysixth day of May, one thousand eight hundred and twenty-four, and, also, the operations of the act approved the twenty-fourth day of May, one thousand eight hundred and nineteen, which, by the said act of one thousand eight hundred and twenty-four, is revived, be, and the said acts are hereby, extended and continued in force for the term of five years from and after the twenty-sixth day of May next. [27.] [Laws of the U. S., vol 8,page 263.] CHAP. 261. An act to continue in force "An act authorizing certain soldiers in the late war to surrender the bounty lands drawn by them, and to locate others in lieu thereof," and for other purposes. 1. Military bounty lands unfit for cultivation may be exchanged. APPROVED, MARCH 23, 1830. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of' America in Congress assembled, That the act of the twenty-second of May, one thousand eight hundred and twenty-six, entitled "An act authorizing certain soldiers in the late war to surrender the bounty lands drawn by them, and to locate others in lieu thereof, be, and the same is hereby, continued in force for the term of five years. And the provisions of the above recited act shall be, and the same are hereby, extended to those having like claims in the States of Illinois and Missouri. [28.] [Laws of the U. S., vol. 8, page 624.] CHAP. 731 An act for the relief of Richard W. Steele, a soldier in the late war. APPROVED, JUNE 25, 1T32. SEC. 1. Be it enacted by the Senate and House of Repbresentatives of the United States of America in Congress assembled, That Richard W. Steele, a soldier in the late war, be, and he hereby is, authorized to enter, of any of the lands of the United States sub. ject to entry at this time, one quarter section of land, the same being due to him for and on account of a bounty for his services as a soldier in the late war against Great Britain; for which, when so entered, the register of the proper land office shall give him a certificate, upon the presentation of which to the Commissioner of the General Land Office a patent shall be issued in due form. .BOUNTY LAND LAWS. 299 [29.] [Laws of the U. S., vol. 8, page 677.] CHAP. 791. An act to extend the time of issuing military land warrants to officers and soldiers of the revolutionary army. 1. Extend time for issuing military land warrants. 2. Additional land or scrip granted for Virginia land warrants. 3.-Lost warrants. APPROVED, JULY- 13, 1832. SEC. 1. Be it enacted by the Senate and House of Representatives of the 8United States of America in Congress assembled, That the time allowed for issuing military land warrants to the officers and soldiers of the revolutionary army, shall be extended to the first day of January, eighteen hundred and thirty-five. SEC. 2. And be it further enacted, That the further quantity of three hundred thousand acres of land be, and the same is hereby, appropriated, in addition to the quantity heretofore appropriated by the act entitled "An act for the relief of certain officers and soldiers of the Virginia line and navy, and of the continental army during the revolutionary war," approved the thirtieth of May, eighteen hundred and thirty, which said appropriation shall be applied in the manner provided by the said act to the unsatisfied warrants which have been or may be issued as therein directed, to the officers and soldiers and others, as described in the first, fifth, and seventh sections of said act. SEC. 3. And be it further enacted, That the last paragraph of the first section of the said act, which authorizes the issuing of warrants upon an affidavit that the original was lost, and upon the production of an official copy thereof, shall be, and the same is hereby, repealed. L 30.] [Laws of the U. S., vol. 8, page 734.] CHAP. 878. An act for the relief of Elizabeth Scott, only surviving child and heir-atlaw of Captain William Blackwell, deceased. APPROVED, JULY 14, 1832. SEC. 1. Be it enacted by the Senate and House of Representatives qf the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized, directed, and required, to issue to Elizabeth Scott, a land warrant for three hundred acres of military bounty land, as and for the lands to which her father, Captain William Blackwell, was entitled on account of his military services in the war of the revolution; and that the same may be located on any vacant or unlocated lands heretofore appropriated by Congress for that purpose. 300 BOUNTY LAND LAWS. [31.] [Laws of the U. S., vol. 8, page 771.] CHAP. 933. An act for the relief of Sarah Carr, widow of Richard Carr, deceased. APPROVED, FEBRUARY 20, 1833. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper officers of the Department of War be, and they are hereby, directed to issue to, and perfect for, Sarah Carr, widow of Richard Carr, deceased, late a private soldier of the twentyfourth regiment of United States infantry,the warrant and patent to which the said Richard Carr was entitled for military bounty lands; there being no heir or heirs of the said Richard, living within the United States, to whom the same can issue. [32.] [Laws of the U. S., vol. 8, page 838.] CHAP. 983. An act granting an additional quantity of land for the location of revolutionary bounty land warrants. APPROVED, MARCH 2, 1833. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the further quantity of two hundred thousand acres of land be, and the same is hereby, appropriated, in addition to the quantity heretofore appropriated by the act entitled "An act ibr the relief of certain officers and soldiers of the Virginia line and navy, and of the continental army during the revolutionary war," approved the thirtieth May, one thousand eight hundred and thirty, and the act entitled "An act to extend the time of issuing military land warrants to officers and soldiers of the revolutionary war," approved the thirteenth July, one thousand eight hundred and thirty-two, which said appropriations shall be applied in the manner provided by the said acts to the unsatisfied warrants, whether original or duplicate, which have been or may be issued as therein directed to the officers and soldiers, and others, as described in said acts: Provided, That the said certificates of scrip shall be receivable in payment of any of the public lands liable to"sale at private entry. [ 33.] [Laws of the U. S., vol. 8, page 852.] CHAP. 1009. An act for the relief of James Range, a soldier of the revolution. APPROVED, MARCH 2, 1833. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That BOUNTY LAND LAWS. 301 it shall be the duty of the Secretary of the Treasury to issue to James Range, upon his surrendering to the Commissioner of the General Land Office a duplicate of a warrant for one hundred acres, number six thousand three hundred and fifty-four, (the original of which being lost,) issued to him upon the twenty-first of January, one thousand eight,hundred and twenty, by the State of Virginia, for one hundred acres of land, due said Range, in consideration of three years' service as a private in the continental line, land scrip at the rate of' one dollar and twenty-five cents per acre, in the same form as though the original of said warrant was surrendered; which scrip shall be received in payment for any lands subject to private entry in either of the States of Ohio, Indiana, or Illinois. [ 34.] [Laws of the U. S., vol. 9, page 42.] CHAP. 65. An act for the relief of the widow and children of George Ludlum, deceased, APPROVED, JUNE 19, 1834, SEC. 1. 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 he is hereby, authorized and directed to issue a warrant to the widow and children of George Ludlum, deceased, for the military bounty land of the said George, who, during the late war, elilisted as a private in the twentyninth United States infantry, for and during the war, and who continued in service until the;close thereof. [ 5. [Laws of the U. S., vol 9, page 89.] CHAP. 107. An act for the relief of William Weeden. APPROVED JUNE 28, 1834. SEc. 1. Be it enacted by the Senate and House of Representa-i tives of the United States of America in Congress assembled, That William Weeden be, and he is hereby, authorized to enter any other quarter section of unappropriated land within the Arkansas military district of bounty lands, instead of the northeast quarter of section twenty-two, of township five north, and range twelve west; for which a patent issued to said Weeden on the twenty-seventh day of November, one thousand eight hundred and twenty-one, but Ewas not received by him until said quarter section was sold for the taxes due thereon: Provided, That said Weeden shall first surrender said patent, and file his relinquishment of all claim to said quarter sectioni in the General Land Office. 302 BOUNTY LAND LAWS. [36.] [Laws of the U. S., vol. 9, page 89.] CHAP. 108. An act for the relief of Elijah Lincoln. APPROVED, JUNE 28, 1834. SEc. 1. 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 he is hereby, authorized and directed to issue to Elijah Lincoln a military land warrant for one hundred acres of land, for revolutionary services, in lieu of a warrant, number one thousand and ninety-two, alleged to have been issued to Elijah Lincoln in the year one thousand eight hundred, and to have been lost. [ 37.] [Laws of the U. S., vol. 9, page 195.] CHAP. 283. An act to allow further time to complete the issuing and locating of military land warrants during the late war. APPROVED, JANUARY 27, 1835. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act to allow further time to complete the issuing and locating of military land warrants," approved the twenty-sixth day of May, one thousand eight hundred and twentyfour, and, also, the operations of the act approved the twenthfourth day of February, one thousand eight hundred and nineteen, which by said act of one thousand eight hundred and twenty-four is revived, be, and the said acts are hereby, extended and continued in force for the term of five years from and after the twenty-sixth day of May last. [38.] CLaws of the U. S., vol. 9, page 949.] CHAP. 1148. An act for the relief of Sarah Angel, and the other heirs at law of Benjamin King, deceased. APPROVED, FEBRUARY 6, 1839, SEc. 1. 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 he hereby is, directed to cause to be issued to Sarah Angel, and the other heirs at law of Benjamin King, deceased, who was a corporal in the Rhode Island line during the revolutionary war, a duplicate of the warrant which was issued in their favor on the eighteenth of December, eigh B3OUNTY LAND LAWS. 303. teen hundred and nineteen, and numbered eight hundred and thirtyone, for one hundred acres of land; the original of which has been lost, and is hereby revoked. [39. ] [Laws of the U. S., vol. 9, page 971.] CHAP. 1186. An act authorizing a grant of bounty land to the heirs of Bennett Shurley. APPROVED, MARCH 2, 1839. SEC. 1. 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 he hereby is, authorized and required to issue to the heirs of Bennett Shurley, deceased, who was a private in the Maryland continental line of the army in the war of the revolution, a duplicate of land warrant number eleven thousand seven hundred and six, for one hundred acres, dated eleventh March, one thousand seven hundred and ninetyone. [40.] [Laws of the U. S., Pamphlet Editionfor 1840.] CHAP. 9. An act to revive an act authorizing certain soldiers in the late war to surrender the bounty lands drawn by them and to locate others in lieu thereof, and for other purposes. 1. Act of 22d May, 1826, revived and continued for five years; its provisions extended to Illinois and Missouri. APPROVED, MAY 27, 1840. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of the twenty-second of May, one thousand eight hundred and twenty-six, entitled " An act authorizing certain soldiers in the late war to surrender the bounty lands- drawn by them, and to locate others in lieu thereof," be, and the same is hereby, revived and continued in force for the term of five years; and the provisions of the above recited act shall be, and are hereby, extended to those having like claims in the States of Illinois and Missouri. 304 BOUN0TY LAND LAWS, [41.] [Laws of the U. S., Pamphlet Edition for 1842.] CHAP. 37. An act for the relief of Elizabeth Pearce and Mary M. Telfair, daughters and heirs of Israel Pearce. 1. Seven United States military land bounty warrants of one hundred acres each to be issued to them, jointly. APPROVED, JUNE 4, 1842. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of rWar is authorized, and he is hereby required, to issue to Elizabeth Pearce and Mary M. Telfair, jointly, seven United States military bounty land warrants, of one hundred acres each, which appear to be due to the following named individuals for their services as private soldiers in a Rhode Island regiment, in the war of the revolution, and their right to which they, each and all of them, assigned, in April, seventeen hundred and eighty-four, to Israel Pearce, father of the aforesaid Elizabeth Pearce and Mary M. Telfair, namely: Robert Allen, Marks Barrons, Cesar Finch, Ichabod Howard, Joseph Wheeler, Hugh MeDugal, and Jabez Remington, who each and all appear to be entitled to land bounty, Lut who assigned their right as aforesaid to Israel Pearce: Provided, The said Elizabeth Pearce and Mary M. Telfair shall, on the delivery to them of the land warrants aforesaid, execute and lodge with the Secretary of War their joint bond, with approved security, to indemnify the United States against the legal claim of all other persons to the said- warrants. [42.] [Laws of the U. S., Pamphlet Edition for 1844.] CHAP. 79. An act for the relief of Henry Newingham. 1. Secretary of War to issue a warrant to him for the bounty land of William Marshall, and Secretary of Treasury to issue scrip for it: Not to prejudice Marshall's heirs. APPROVED, JUNE 15, 1844. SEC. 1. 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 he hereby is, directed to issue to Henry Newingham, in the right of William Marshall, who was a private soldier in Armand's legion of the continental establishment in the revolutionary army, a warrant for the bounty land to which the said Marshall would be entitled as such soldier; and that the Secretary of the Treasury be directed to grant scrip for said warrant, in the manner and on the conditions heretofore prescribed for the grant of scrip for bounty land; the said Marshall having intermarried with the mother of said Newingham, and died without lineal heirs; and having in his lifetime been supported by BOUNTY LAND LAWS. 305 the said Newinghaml, and in consideration thereof, before his death, delivered to him his original certificate of discharge from the army, and declared his intention that the said Newingham should have the benefit of said bounty land: Provided, That nothing in this act shall be so construed as to prejudice the claim of any heirs, if any, of said Marshall. [43.] [Laws qf the U. S., Pamphlet Edition for 1844.] CHAP. 134. An act for the relief of thle heirs of Ebenezer Moore. 1. Bounty land warrants for one hundred and sixty acres to be issued to them, which may be located on lands subject to private entry. APPROVED, JUNE 17, 1844. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War cause to be issued to the heirs of Ebenezer Moore, of the State of New York, a Canadian volunteer, a iwarrant of one hundred and sixty acres of bounty land, under the act passed March fifth, one thousand eight hundred and sixteen, entitled "An act granting bounties in land and extra pay to certain Canadian volunteers," and the act passed March third, one thousand eight hundlled and seventeen, entitled "An act to amend the act entitled'An act granting bounties in land and extra pay to certain Canadian volunteers,' passed the fifth day of March, one thousand eight hundrled and sixteen;" which warrant may be located on any unappropriated land of the United States which is subject to private entry. [44.] LLaws qf the U. S., Pamphlet Edition for 1844.] CHAP. 164. An act for the relief of Mary M. Telfair. 1. Certain bounty land warrants to be given her. 2. Scrip to be paid her. APPROVED, JUNE 17, 1844. SEc.: 1.- Be it enacted by the Senate and House of Representa. tives of the' United States of America in Congress assembled, That Warrants for the bounty lands due to Tobias Briggs and Isaac Curtis, privates in the Rhode Island line, for revolutionary services, shall be made out by the proper officers, and delivered to Mrs. Mary M. Telf.il, the only heir and legal representative of Israel Pearce, deceased, who appears to have purchased the right to said bounty lands of tile said Briggs and Curtis: Provided, That before said wvarrants shall be delivered to said AMrs. Telfair, she shall execute her own bond to the United States, with good and suffi27 306 BOUNTY LAND LAWS. cient security, in such sum as the Secretary of War shall require, to indemnify the said United States against the claim of any other person or persons to said lands. SEC. 2. And be itfurther enacted, That the Secretary of the Treasury shall cause to be paid to said Mrs. Telfair any moneys which may be due to Scipio Brown, a private in the Rhode Island line of the revolutionary army, upon the certificate issued to him. for his revolutionary services, which certificate is alleged to have been purchased by, and assigned to said Israel Pearce, the father of said Mrs. Telfair: Provided, That before such payment shall be made, the said Mrs. Telfair shall execute her bond, Mwith good and sufficient security, to be approved by said Secretary of the Treasury in double the amount of the sum to be so paid to her, to indemnify the United States against the claim of said Scipio Brown, his executors, administrators or assigns, to the money due on said certificate. [45.] [Laws of the U. S., Stac;ues at Large, vol. 9, pasige 123.] CHAP. 8. An act to raise for a limited time an additional military for other purposes.' 1. Ten additional regiments to be raised. * * X 9. Non-commissioned officers, musicians, and privates, under certain circumstances, to receive a warrant for one hundred and sixty acres of land: Mode of proceeding in case of death of soldier: Every person entitled to receive a land warrant may receive scrip for $100, bearing 6 per cent. interest: Non-commissioned officers, &c., under certain circumstances, to receive a warrant for forty acres of land, or $25 in scrip. AItPOVED, FEBRUARY 11, 1847. SEC. 1. Be it enacted by the Senate and House of Rlepr-esentlatives of the United States of America in Congsress assembled, That in addition to the present military establishment of the United States there shall be raised and organized, under the direction of the President, for and during the war with Mexico, one regirnment of dragoons and nine regiments of infnatry, each to be composed. of the same number and rank of commissioned and non-commissioned officers, buglers, musicians, and privates, &c., as are provided for a regiment of dragoons and infantry, respectively, under existing laws, and shall receive the same pay, rations, and allowances according to their respective grades, and be subject to the same regulations, and to the rules and articles of war, &c. * SEC. 9. And be it further enacted, That each non-commissioned officer, musician, or private, enlisted or to be enlisted in the r-egular army, or regularly mustered in any volunteer company for a period of not less than twelve months, who has served or may serve during the present war with Mexico, and who shall recieve an honorable discharge, or who shall have been killed, or died of wounds received or sickness incurred in the course of such ser BOUNTY LAND LAWS. 307 vice, or who shall have been discharged before the expiration of his term of service in consequence of wounds received or sickness incurred in the course of such service, shall be entitled to receive a certificate or warrant from the War Department for the quantity of one hundred and sixty acres, and which may be located by the warrantee, or his heirs at law at any land office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands in such district then subject to private entry; and upon the return of such certificate or warrant, with evidence of the location thereof having been legally made, to the General Land Oflice, a patent shall be issued therefor. That in the event of the death of any such non-commissioned officer, musician, or private, during service, or after his discharge, and before the issuing of a certificate or warrant as aforesaid, the said certificate or warrant shall be issued in favor, and inure to the. benefit of. his fatmily or relatives, according to.' the following rules: first, to the widow and to his children; second, his father; third, his mother. And in the event of his children being minors, then the legally-constituted guardian of such minor children shall, in conjunction with such of the children, if any, as may be of full age, upon being duly authorized by the orphans' or other court having probate jurisdiction, have, power to sell and dispose of such certificate or warrant for the benefit of those interested. And all sales mortgages, powers, or other instruments of writing, going to affect the title or claim to any such bounty right, made or executed prior to the issue of such warrant or certificate, shall be null and void to all intents and purposes whatsoever, nor shall such claim to bounty right be in any wise affected by, or charged with, or subject to, the payment of any debt or claim incurred by the soldier prior to the issuing of such certificate or warrant: Provida-d, That no land warrant issued under the provisions of this act shall be laid upon any lands of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation: Provided, furlher, That every such non-comlmissioned officer, musician, and private, who may be entitled, under the provisions of this act, to receive a certificate or warrant for one hundred and sixty acres of land, shall be allowed the option to receive such certificate or warrant, or a treasury scrip for one hundred dollars; and such scrip, whenever it is preferred, shall be issued by the Secretary of the Treasury to such person or persons as would be authorized to receive such certificates or warrants for lands; said scrip to bear an interest of six per cent. per annum, payable semi-annually, redeemable at the pleasure of the government. And that each private, non-commissioned officer, and musician, who shall have been received into the service of the United States, since the commencement of the war with Mexico, for less than twelve months, and shall have served for such term or until honorably discharged, shall be entitled to recive a warrant for forty acres of land, 308 BOUNTY LAND LAWS. which may be subject to private entry, or towenty-five dollars in scrip, if preferred: and in the event of the death of such volunteer during his term of service, or after all honorable discharge, but before the passage of this act, then the warrant for such land or scrip, shall issue to the wife, child, or children, if there be any, and, if none, then to the father, and, if there be no father, then to the mother of such deceased volunteer: Provided, That nothing contained in this section shall be construed to give bounty land to such volunteers as were accepted into service, and discharged without being marched to the seat of war. [46.1 [Laws of the U. S., Statutes at Large, vol. 9, page 183.] CHAP. 59. An act to amend an act entitled "An act to raise for a limited time an additional military force, and for other purposes." 1. How scrip shall be issued under the 9th section of act of February 11th, 1847: Interest when payable: How certificates shall be signed and sealed. APPROVED, MIARCH 3, 1847. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That under the provisions of the ninth section of the act approved February eleventh, eighteon hundred and forty-seven, entitled "An act to raise for a limited time an additional military force, and for other purposes," it shall be the duty of the Secretary of the Treasuary to issue treasury scrip therein provided, on the certificate of the Secretary of War, showing the claimant entitled thereto, and not otherwise; and that the stock thus issued shall bear interest from the day of presenting to the Treasury Department such certificate of the Secretary of War in due form, and the interest thereon shall be payable on the first days of January and July in each year, and shall be transferable on the books of the Treasury Department kept in the register's office. Such certificates of stock shall be signed by the register of the treasury under the direction of the Secretary, who shall cause the seal of the department to be affixed thereto, and no other signature shall be required to said stock. [47.] [Lawts of the U. S., Statutes at Large, vol. 9, Ipage 562.] No. 11. A resolution relative to the payment of dividends or interest on war bounty scrip. Dividends or interest to be paid to the assignee and holder of war bounty scrip. APPROVED, AUGUST 10, 1850. Resolced by the Senate and House of Representatives of the United States of America in Congress assembled, That the Sec BOUNTY LAND LAWS. 309 retary of the Treasury be, and he is hereby, directed, in redeeming and discharging the obligations upon the government for war bounty scrip, which. are made assignable, to pay to the assignee and holder of such obligations, all dividends or interest which have been or shall be declared and set apart, and passed to the credit of the obligee upon the books of the treasury, subsequent to the date of the assignment, unless such dividends or interest has been paid to the obligee before the transfer of the scrip upon the books ill the office of the register of the treasury, or the presentation thereof for final payment. [48.] [Lawzs of the U. S., Statutes at Larg'e, vol. 9, pagre 563.] No. 16. A resolution to amend a resolution approved on the tenth of August, eighteen hundred and fifty, relative to the payment of dividends or interest on war bounty scrip. Secretary of the Treasury authorized to pay the dividend or interest due on war bounty scrip at the time of its redemption. APPROVED, SEPTEMBER 26, 1850. Resolved by the Senate and House of Representatives of the United States qof America in Coagress acssembled, That the Secretary of the Treasury be, and lie is hereby, directed, where the principal has been heretofore redeemed of any war bounty scrip, to pay the dividend, or dividends, or interest, due at the time of such redemption, to the person or persons who would be entitled to the same under the resolution to which this is an amendm ent, in case such scrip was hereafter presented for paytent or redemption, or tihat he pay the same to the assignee, attorney, or legal representative, as the case may be. [49.] [Lvaws of the U. S., Statutes at Large, vol. 9, page 520.] GHAP. 85. An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States. 1. Certain classes of persons in the military service of the United States during the war of 1812, the war with Mexico, or Indian wars, or their widows or minor children entitled to lands in proportion to certain periods of service. 2. The period during which any officer or soldier was a prisoner to the enemy to be added to his time of actual service. 3. Those entitled to land under this act to receive a certificate from the Department of the Interior for land which may be located at any land office of the United States: The widow of any officer, &c., killed in battle, to receive the benefit of this act. 4. All sales, mortgages, and letters of attorney, affecting any title to land warrants, if made before the issue ot said warrants, to be void. APPROVED, SEPTEMBER 28, 1850. SEC. J. Be it enacted by the Senate and House of Represenla-i&ves of the United States of America in Congropess assembled, That 310 BOUNTY LAND LAWS. each of the surviving, or the widow or minor children of deceased commissioned and non-commissioned officers, musicians, or privates, whether of regulars, volunteers, rangers, or militia, who performed military service in any regiment, company, or den ki.chment, in the service of the United States, in the war with Great Britain, declared by the United States on the eighteenth day of June, eighteen hundred and twelve, or in any of the Indian wars since seventeen hundred and ninety, and each of the commissioned officers who were engaged in the military service of the United States in the late war with Mexico, shall be ent titled to lands, as follows: Those who engaged to serve twelve 111onlhs or during the twar, and actually served nine months, shall receive one hundred and sixty acres, and those who engaged to serve six months, and actually served four months, shall receive eighty acres, and those who engaged to serve for any or an indefinite period, and actually served one month, shall receive forty acres: Provided, -That wherever any officer or soldier was honorably discharged in consequence of disability in the service, before the expiration of:his period of service, he shall receive the amount to, which he would have been entitled if he had served the full period for which he had engaged to serve: Provided, The person so having been in service shall not receive said land, or any part thereof; if it shall appear, by the muster rolls of his regiment or corps, that he deserted, or was dishonorably discharged from service, or if he has received, or is entitled to, any military land bounty under any act of Congress heretofore passed. SEC. 2. And be it further enacted, That the period during which any officer or soldier may have remained in captivity with the enemy shall be estimated and added to the period of his actual service, and the person so detained in captivity shall receive land under the provisions of this act in the same manner that he would be entitled in ease he had entered the service for the whole term made up by the addition of the time of his captivity, and had served during such time. SEC. 3. And be it ftarther enacted, That each commissioned and non-commissioned officer, musician, or private, for whom provision is made by the first section hereof; shall receive a certificate or warrant from the Department of the Interior for the quantity of land to which he may be entitled, and which may be located by the warrantee or his heirs-at-law, at any land office of the United States, in one body and in confobrmity to the legal subdivisions of the public lands, upon any of the public lands in such district then subject to private entry; and upon the return of such certificate or warrant, with evidence of the location thereof having'been legally made to the General Land Office, a patent shall be issued therefor. In the event of the death of any commissioned or noln-commissioned officer, musician, or private, prior or subsequent to the passage of this act, who shall have served as aforesaid, and who shall not have received bounty land for said services, a like certificate or warrant shall be issued in favor, BOUNTY LAND LAWS. 311 and enure to the benefit of his widow, who shall receive one hunt dred and sixty acres of land in case her husband was killed in battle, but not to her heirs: Provided, She is unmarried at the date of her application: Providedfur'ther, That no land warrant issued under the provisions of this act shall be laid upon any land of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation, except with the consent of such settler, to be satisfactorily proven to the proper land officer. SEC. 4. And be it further enacted, That all sales, mortgages, letters of attorney, or other instruments of writing, going to affect the title or claim to any warrant or certificate issued, or to be issued, or any land granted, or to be granted, under the provisions of this act, made or executed prior to the issue, shall be null and void to all intents and purposes whatsoever; nor shall such certificate or warrant, or the land obtained thereby, be in any wise affected by, or charged with, or subject to, the payment of any debt or claim incurred by such officer or soldier, prior to the issuing of the patent: Provided, That the benefits of this act shall not accrue to any person who is a member of the present Congress: Provided further, That it shall be the duty of the Commissioner of the General Land Office, under such regulations as may be prescribed by the Secretary of the Interior, to cause to be located, free of expense, any warrant which the holder may transmit to the General Land Office for that purpose in such State and land district as the said holder or warrantee may designate, and upon good farming land, so far as the same can be ascertained from the maps, plats, and field notes of the surveyor, or from any other information in the possession of the local office, and, upon the location being made as aforesaid, the Secretary shall cause a patent to be transmitted to such warrantee: And provided further, That no patent issued under this act shall be delivered upon any power of attorney or agreement dated before the passage of this act, and that all such powers of attorney or agreements be considered and treated as null and void. [50.] [Laws of the U. S., Slatutes at Large, vol. 9, page 598.] CHAP. 32. An act making appropriations for the civil and diplomatic expenses of Government for the year ending the thirtieth of June, eighteen hundred and fifty-two, and for other purposes. APPROvED, IArICH 3, 1851. Surveys of Public Lands.-For surveying the public lands, in addition to the unexpended balance of former appropriations, viz: For surveying the public lands, including incidental expenses, to be appropriated to the several districts according to the 312 BOUNTY LAND LAWS. exigencies of the public service, the part to be applied to the surveys required by the location and survey of private claims in Florida, to be disbursed at augmented rates, one hundred and fifteen thousand dollars: Provided, That no land bounty for military services granted by the act of' twenty-eighth of September, eighteen hundred and fifty, entitled "An act granting bounty land to certain officers and soldiers who have engaged in the military service of the United States," or by virtue of any other act of Congress heretofore passed, granting land bounties for military services, shall be satisfied out of any public land not heretofore brought into market, and now subject to entry at private sale under existing laws. BOUNTY LANDS AND PENSIONS TO SEAFENCIBLES, FLOTILLAMEN, RANGERS, &c.: [1.] [Laws of the U. S., vol. 4, page 366.1 CHAP. 334. An act authorizing the President of the United States to raise certain coupanies of rangers for the protection of the frontier of the United States. 1. The President authorized, in case of actual or threatened invasion of any State or Territory by any Indian tribe, to raise not exceeding six companies, to act on the frontier as rangers. 2. Organization of each company of rangers. 3. When the rangers arm and equip themselves, they are each to receive one dollar per day, eand seventy-five cents without a horse: Commissioned officers to receive the same pay as officers in the army. 4. Officers and privates raised pursuant to this act to be entitled to like compensation in cas:: of disability, as officers and privates in the military establishment: The provisions of the act fixing the military peace establishment, extended to persons within the intent of this act: This act to continue in force until the 2d of August, 1813. 5. The President may appoint all the officers proper in the recess of the Senate. APPROVED, JANUARY 2, 1812. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States, whenever he shall have satisfactory evidence of the actual or threatened invasion of any State or Territory of the United States, by any Indian tribe or tribes, be, and he is hereby, authorized to raise, either by the acceptance of volunteers or enlistment for one year, unless sooner discharged, as many companies as he may deem necessary, not exceeding six, who shall serve on foot, or be mounted, as the service in his opinion may require, shall act on the frontier as rangers, be X We have thrown together these acts here, not on account of any thing peculiar that is observable in their provisions, but rather to attract attention to certain anomalies in national defence, auxiliary to the naval and military service, whether on the seaboard, in the harbors, or on the fiontiers of the United States. With the same view, the act of July 4th, 1836, is also inserted under this head, on account of its provisions for the widows and orphans of rangers and seafencibles, although it provides generally for widows and orphans of officers and privates of the militia and volunteers, as expressed in the act. The laws providing pensions and land bounties for the marine corps, and for privateersmen in time of war, would also have been embraced in this class of anomalous auxiliaries to the regular naval and military defence of the country, except that the permanency of the one, and the ubiquity of the other, (exceeding the naval force itself in the revolutionary war, and not far short of it in the war of 1812,) seemed to entitle them both to the association that has been given them under the naval head. The rationale, however, of these technical distinctions in the nomenclature of the two branches of the national defence seem to deserve consideration in other quarters. 314 SEAFENCIBLES RANGERS, &C. armed, equipped, and organized, in such manner, and be under such regulations and restrictions, as the nature of the service, in his opinion, may make necessary. SEC. 2. And be it further enacted, That each of the said companies of rangers shall consist of one captain, one first, one second lieutenant, one ensign, four sergeants, four corporals, and sixty privates. SEC. 3. And be it further enacted, That when the said rangers arm and equip themselves, and provide their own horses, they shall be allowed, each, one dollar per day, and without a horse, seventy-five cents per day, as full compensation for their services, rations, or forage, as the case may be. The commissioned officers shall receive the same pay and rations as officers of the same grade in the army of the United States. SEC. 4. And be it further enacted, That the officers, non-commissioned officers, and privates, raised pursuant to this act, shall be entitled to the like compensation in case of disability, by wounds or otherwise, incurred in the service, as officers, noncommissioned officers, and privates, in the present military establishment, and, with them, shall be subject to the rules and articles of war, which have been established, or may hereafter by law be established; and the provisions of the act entitled "An act fixing the military peace establishment of the United States," so far as they may be applicable, shall be extended to all persons, matters, and things, within the intent and meaning of this act, in the same manner as if they were inserted at large in the same. This act shall take effect, and be in force, from and after the passage thereof, and continue in force for one year, and from thence to the end of the next session of Congress. SEC. 5. And be it further enacted, That, in the recess of the Senate, the President of the United States is hereby authorized to appoint all the officers proper to be appointed under this act; which appointments shall be submitted to the Senate, at their next session, for their advice and consent. [2.] [Laws of the U. S., vol. 4, page 541.] CHAP. 532. An act to amend the "Act in addition to the act entitled'ArP act to raise an additional military force, and for other purposes."' 1. Five of the regiments authorized by the act mentioned may be enlisted for the war. and be limited to the defence of the seaboard. 2. Each man recruited under this act allowed the same bounty as men enlisted for five years: Officers, privates, &c.,placed on the same footing as other regular troops. APPROVED, JULY 5, 1813. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress eassembled, That five of the regiments which were authorized to be raised by "An act SEAFENCIBLES7 RANGERS, &C. 315 in addition to the act entitled' An act to raise an additional military force, and for other purposes,' "~ passed the twenty-ninth day of January, one thousand eight hundred and thirteen, may, at the discretion of the President of the United States, be enlisted for and during the war, unless sooner discharged, and be limited, as to service, to the defence of the seaboard of the United States, or of such part thereof as the President may elect and determine. SEC.'2. And be it firt/her enacted, That each man recruited under the authority of this act, be allowed the same bounty, in money and land, as is allowed by law to men enlisted for five years, or for the war; and that the officers, non-commissioned officers, musicians, and privates, shall receive the same pay, clothing, subsistence, and forage, be entitled to the same benefits, be subject to the same rules and regulations, and be placed, in every respect, on the same footing as the other regular troops of the United States. [3.] [Lztvs of the U. S., vol. 4, page 579.] CHAP. 555. An act to authorize the raising of a corps of sea fencibleso 1. The President authorized to raise not more than ten companies of seafencibles for a term not exceeding one year, to serve on land or water. 2. Organization of a company of seafencibles. 3. Commissioned officers to receive the same pay as officers in the army; boatswains, gunners, men, &c., the samre pay as warrant officers and able seamen. 4. Officers, men, &c., entitled to the same compensation, in case of disability, as officers and seamen in the naval establishment; and to be subject to the rules and articles for the government of the army. 5. This act to continue in force until the 17th February, 1845. 6. The President may appoint the officers in the recess of the Senate. 7. Two hundred thousand dollars appropriated to carry this act into effect. APPROVED, JULY 26, 1813. Sec. 1. Be it enacted by the Senate and House of Representativ es of the ITniled States of America in Corngress assembled, That the President of the United States be, and he is hereby, authorized to raise, for such term as he may think proper, not exceeding one year, as many companies of seafencibles as he may deem necessary, not exceeding ten, who may be employed as well on land as on water, for the defence of the ports and harbors of the United States. SrEc. 2. And be it farther enacted, That each of the said companies of seafencibles shall consist of one captain, one first, one second, and one third lieutenant, one boatswain, six gunners, six quarter-gunners, and ninety men. * That additional act, above mentioned, contains no bounty land or pension provision; therefore no extract is made from it in this compilation. But the original act " to raise an additional military force" does contain a pension provision, which is quoted in its proper sequence of dates, No. [50.]-ante; and yet the 5th section of that act excludes the land and money bounty granted to the existing military establishment to which this provided an additional military foice-thereby creating, most obviously, an invidious distinction between them. 316 SEAFENCIBLES, RANGERS, &C. SEC. 3. And be it further enacted, That the commissioned officers shall receive the same pay and rations as officers of the same grade in the army of the United States; that the boatswain, gunners, quarter-gunners, and men, shall receive the same pay and rations as warrant officers of the same grade and able seamen receive in the service of the United State-s. SEC. 4. And be it further enacted, That the officers, warrant officers, boatswains, and men, raised pursuani: to this act, shall be entitled to the like compensation in ease of disability incurred by wounds, or otherwise, in the service of the United States, as offlicers, warrant officers, and seamen, in the present naval establishment, and shall be subject to the rules and articles which have been, or may hereafter be, established by law, for the government of the army of the United States. SEC. 5. And be it further enacted, That this act shall be and continue in force during the present war between the United States of America and their territories, and the United Kingdom of Great Britain and Ireland, and the dependencies thereof. Sec. 6. And be it fartlzh'c. enacted, That, in the recess of the Senate, the President ol the United States is hereby authorized to appoint all the officers,proper to be fappointed under this act, which appointments shall be submitted to the Senate at their next sessions, for their advice and consent. SEC. 7. And be it farther enacted, That Ilhe sumlz of tvwo hundred thousand dollars be, and the same is herleby, alpropriated to carry this act into effect, to be paid oui of any money in the treasury, not otherwise appropriated. [4.] [Leaws of die U. S., vol 4, pag-e GS6.1 CHAP. 647. An act authorizing the appointment of certain officers of the flotilla service. 1. The President and Senate authorized to appoint four captains and twelve lieutenants, to be employed in the flotilla service. 2. Pay and subsistence of the captains and lieutenants; who are to be governed by the rules provided for the navy. 3. The President may appoint any of the officers authorized, in the recess of the Senate. APPROVED, APRIL 16, 1514. SEC. 1. Be it enactced by the Senate an'id House of Ilepreseveacatives o e Ues off America in Cong ress assembled, That the President of the United Staltes be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint four captains and twvelve lieutenants, to be employed in the flotilla service of the United States, without rank in the navy, but with the same relative rank and authority in the flotilla service as officers of' the same grade are entitled to in the navy of the United States. SEC. 2. And be it furthe,' enacted, That the said captains shall receive the pay and subsistence of a captain in the navy SEAFENCIBLES, PANGERS, &C. 317 comlanding a ship of twenty, and under thirty-two guills, and the lieutenants the same pay and subsistence as officers of the same rank are entitled to in the navy of the United States, and shall be governed by the rules and regulations provided for the government of the navy. SEc. 3. And be it fiarther enacted, That it shall be lawful for the Presidat of the United States to appoint, in the recess of the Senate any of the officers authorized by this act, which appointnmets shall be submitted to the Senate at their next session. L5.] [Laws of the r. S., vol. 4, pcrae 813.] CHAP. 744. An act to repeal certain acts concerning the flotilla service, and for other purposes. 1. Anll act concerning barges, and an act authorizing the appointment of officers for the flotilla service, repealed. 2. Barges and other vessels of the flotilla to be sold or laid up, 3. Officers and privates discharged to receive four months' extra pay. 4. The President authorized to cause the armed vessels on the lakes to be sold or laid up. 5. An act authorizing the purchase or building of vessels, repealed: Vessels acquired under the act may be sold. 6. The President authorized to cause gunboats to be sold; Warrant officers and privates discharged, entitled to four months' extra pay. APPROVED, FEBRUARY 27, 1815. SEC. 1. Be it enacted by the Senate and House of Represenltat ves qf the United States of Amnerica in Congress assembled, That from and after the first day of April next, the act entitled "An act auv thorizing the President of the United States to cause to be built barges for the defence of the ports and harbors of the United States," passed the fifth day of July, in the year one thousand eight hundred and thirteen; and also an act entitled "An act authorizing the appointment of certain ofticers for the flotilla service," passed the sixteenth day of April, in the year one thousand eight hundred and fourteen, shall be repealed and cease to be in force. SEC. 2. And be itfuarther enacted, That the barges and other vessels composing the flotilla establishment, (they being first divested of their guns and military stores, which are to be carefully preserved,) shall be sold or laid up under the direction of the President of the United States, and the moneys arising therefrom paid into the treasury thereof. SEC. 3. And be it farthe? enacted, That all the commissioned and warrant officers, and all the privates Nwho shall be discharged in consequence of the repeal of the acts aforesaid, shall be entitled to receive four months' pay, over and above what may be due to them, respectively, at the time of their discharge. SEC. 4. And be it further enacted, That the President of the United States be, and he hereby is, authorized to cause all the armed vessels thereof' on the lakes, except such as he may deem necessary to enforce the proper execution of the revenue laws, to 318 SEAFENCIBLES, RANGERS, &Co be sold or laid up as he may judge most conducive to the public interest; such vessels being first divested of their arnmament, tackle, and furniture, which are to be carefully preserved. SEC. 5. And be it fuarther enacted, That the act entitled "An act authorizing the President of the United States to cause to be built, or purchased, the vessels therein mentioned," passed the fifteenth day of November, in the year one thousand eight hundred and fourteen, be, and the same is hereby, repealed; and the President of the United States is hereby authorized to cause to be sold such of the vessels acquired -under the said act as he may deem inexpedient to be retained in the public service; and to cause the money arising therefrom to be paid into the public treasury. SEC. 6. And be it further enacted, That the President o-' the United States be, and he is hereby, authorized to cause to be sold, they being first divested of their guns and military stores, which are to be carefully preserved, such and so many of the gunboats belonging to the United States as in his judgment may no longer be necessary to be retained for the public service; and such of the warrant officers and privates as may be discharged in consequence of such sale, shall be entitled to, receive four.months' pay, over and above what may be due to them at the timed of their discharge. L6.l [Laiws of the U. S., vol. 8, page 591.] CHAP. 717. An act to authorize the President to raise mounted volunteers for the defence of the frontier. 1. Mounted rangers raised for defence of fiontiers. 2. Organization. 3. To arm and equip themselves; their pay: Officers' pay and emoluments. 4. Pensions in case of disability: Subject to rules and articles of war. APPROVED, JUNE 15, 1832. Sec. 1. Be it enacted by the Senate and House oqf Representlcaaives of the United States of America in Cogigress assembled, That the President of the United States be, and he is hereby, authorized to raise, either by the acceptance of volunteers, or enlistment for one year, unless sooner discharged, six hundred mounted rangers, to be armed, equipped, mounted, and organized in such manner, and to be under such regulations and restrictions as the nature of the service may, in his opinion, make necessary. SEC. 2. And be itfurther enacted, That each of the said companies of rangers shall consist of' one captain, one first, one second, and one third lieutenant, five sergeants, five corporals, and one hundred privates, the whole to form a battalion, and be commanded by a major. SEC. 3. And be it farther enacted, That the said non-commissioned officers and privates shall arm and equip themselves, unless otherwise ordered by the President, and provide their own SEAFENCIBLES7 RANGERS, &C, 319 horses, and shall be allowed each one dollar per day as a full compensation for their services and the use of their arms and horlses, The commissioned officers shall receive the same pay and emoluments as officers of the same grade in the army of the United States; and the officers shall be allowed foragce f'or their hoerses, and be entitled to the same rations as those of the same grade in the army of the United States respectively. S~c. 4. AZnd be it f'arther enaclted, That the officers non-lommissioned officers, and privates, raised pursuant to this act, shall be entitled to the like compensation, in case of disability, by wounds, or otherwise, incur red in i-he selrvice, as has heretoiore been allowed to officers, noo-eommissioned officers, anI privates in the military establishment of the United States, and shall be subjected to the rules and articles of war, and such regulations as have been or shall be established according to law for the government of the army of the United States, as far as the same may be applicable to the said rancgers within the intent and meaniing of this act, for the protection and defence of the northwesternl frontier of the United States. x [7. 3 Lraws of the U. S., Satultes at Ltrtre, vol. 5, p.ge 127.] Cl-AP. 362. An act granting half pay to wildows or orphanls, where their hliisbands and fathers have died of wounds received in the military service of the United States in certain cases, and for other pUrposes. 1. Five years' half pay to widows and orphans of those wsho have died in the service, of the United States since 20th April, 1818. 2. Benefit of the act of 7th June, 1832, extended to widows or childr in under certain circumstances. 3. Extended to widows in other cases. 4. Transfers of any claim under this act declared void. 5. Secretary of War to adopt forms. APPROVED, JULY 4, 1836. SsE. 1. Be it enacted by the Senate and JHouse of Repiresentatives of the United States of America in Congress assembled, That when any officer, non-commissioned officer, musician or private oft the militia, including rangers, seafencibles, and volunteers, shall have died while in the service of the United States, since the twentieth day of April, eighteen hundred and eighteen, or who shall have died in consequence of a wound received whilst in the service, since the day aforesaid, and shall have left a widow, or, if no widow, a child or children under sixteen years of age, such -ridow, or it' no widow, such child or children, shall be, entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving6 such wound, for and during the term of five years; and in case of' the death or marriage of such widow before the expiration of said five years, the half' pay for the remainder of the time shall go to the said decedent: Provi'ded, That the half pay a:oresaid shall be half the monthly pay 82 0 SE AFENCIBLES, IRANGERS, &C. of the officers, non-commissioned officers, musicians and privates of the infantry of the regular army, and no more: Provided, also, That no greater sum shall be allowed to the widow or to the child or children of any officer, than the half pay of a. lieutenant col onel. SEC. 2. And be it faurt/her enacted, That if any officer, non-com.missioned officer, musician, soldier, Indian spy, mariner or marine, whose service during the revolutionary war was such as is specified in the act passed the seventh day of June, eighteen htlndred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died since the fourth day of' March, eighteen hundred and thirty-one, and before the date of' said act, the amount of pension which would have accrued from the fourth day of March, eighteen hundred and thirty-one, to the time of his death, and become payable to him by virtue of that act, if he had survived the passage thereof, shall be paid to his widow; and if he left no widow, to his children, in the manner prescribed in the act hereby amended. SEC. 3. Atnd be it further enacted, That if any person who served in the war of the revolution, in the manner specified in the act passed the seventh day of June, eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died, leaving a widow whose mnarriage took place before the expiration of the last period of his service, such widow shall be entitled to receive, during the time she may remain unmarried, the annuity or pension which might have been allowed to her husband, by virtue of the act aforesaid, if living at the time it was passed. SEC. 4. And be it furlher enacted, That any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in ally money or half pay granted by this act, shall be utterly void and of no effect; each person acting for and in behalf of any one entitled to money under this act-, shall take and subscribe an oath, to be administered by the proper accounting officers and retained by him and put on file, before a warrant shall be delivered to him, that he has no interest in said money by any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever. SEc. 5. And be it farther enacted, That the Secretary of War shall adopt such forms of evidence, in applications under this act, as the President of the United States shall prescribe. ADDENDA. [The following acts were omitted, but are referred to, in the.sequence of dates. The entire act [i] is here introduced not only on account of the pension clause, but to show the amphibious character of the marine corps service; and that marked [2] to show the management and disposition of the navy pension fund.] [1.] [Laws of the U, S., vol. 3, page 95.] CHAP. 89. An act for the establishing and organizing a marine corps. 1. A corps of marines to be raised and organized, in addition to the present military -establishment: The corps may be formed into companies. 2. Pay and subsistence: The marine corps being ordered to do duty on shore, the commandant of the corps may appoint the necessary staff officers. 3. Detachment of the corps to be in lieu of the quotas established for the frigates. 4. Officers, &c., of the corps to take an oath; be governed by established rules; be entitled to the same allowance in case of wounds, as granted by the act mentioned. 5. Exemption of non-commissionsd officers, &c., fiom arrest for debts or contracts. 6. The marine corps liable to do duty in forts and garrisons. ArPPnOVED, JUL'Y 11, 1798. SEC. 1. Be it enacted by the Seniate and Hlouse of Representatives of the United States of America in Congress assembled,'That in addition to the present military establishment, there shall be raised and organized a corps of marines, which shall consist of one major, four captains, sixteen first lieutenants, twelve second lieutenants forty-eight sergeants, forty-eight corporals, thirty-two drums and fifes, and seven hundred and twenty privates, including the marines who have been enlisted, or authorized to be raised, for the naval armament; and the said corps may be formed into as many companies, or detachments, as the President of the United States shall direct, with a proper distribution of the commissioned and non-commissioned officers and musicians to each company or detachment. SEc. 2. SAnd be it further enacted, That the pay and subsiso tence of the said officers, privates, and musicians shall be as follows, to wit: to a major, fifty dollars per month, and four rations per day; to a captain, forty dollars per month, and three rations per day; to a first lieutanent, thirty dollars per month, and three rations per day; to a second lieutenant, twenty-five dollars per month, and two rations per day; and to non-commissioned officers, privates, and musicians, conformably to the act entitled "-An act providing a naval armament," as shall be fixed by the President of the United States; and the President of the United States 28 322 ADDENDA. shall be, and is hereby, authorized to continue the enlistment of marines until the said corps shall be complete, and, of himself; to appoint the commissioned officers, whenever, in the recess of the Senate, an appointment shall be necessary. And the enlistments, which shall be made by virtue hereof, may be for the term of three years, subject to be discharged by the President of the United States, or be the ceasing or repeal of the laws providing for the naval armament. And if the marine corps, or any part of it, shall be ordered by the President to do duty on shore, and it shall become necessary to appoint an adjutant, paymaster, quartermaster, sergeant major, quartermaster sergeant, and drum and fife major, or any of them, the major or,ommandant of the corps is hereby authorized to appoint such staff officer or officers, from the line of subalterns, sergeants, and music, respectively, who shall be entitled, during the time they shall do such duty, to the same extra pay and emoluments which are allowed by law to officers acting in the same capacities in the infantry. SEC. 3. And be it further enacted, That detachments of the corps of marines hereby authorized shall be made in lieu of the respective quotas of marines which have been established or authorized for the frigates, and other armed vessels and galleys, which shall be employed in the service of the United States: and the President of the United States may detach and appoint such of the officers of this marine corps to act on board the frigates, and any of the armed vessels of the United States, respectively, as he shall, from time to time, judge necessary, any thing in the act "66 providing a naval armament" to the contrary hereof notwithstanding. SEC. 4. And be it further enacted, That the officers, non-commissioned officers, privates, and musicians, aforesaid, shall take the same oath, and shall be governed by the same rules and articles of war, as are prescribed for the military establishment of the United States, and by the rules for the regulation of the navy, heretofore, or which shall be established by law, according to the nature of the service in which they shall be employed, and shall be entitled to the same allowance, in case of wounds or disabilities, according to their respective ranks, as are granted by the act " to ascertain and fix the military establishment of the United States." SEc. 5. And be it further enacted, That the non-commissioned officers, musicians, seamen, and marines, who are or shall be enlisted into the service of the United States; and the non-commissioned officers and musicians, who are or shall be enlisted into the army of the United States, shall be, and they are hereby, exempted, during their term of service, from all personal arrests for any debt or contract. SEC. 6. And be itfurther enacted, That the marine corps, established by this act, shall, at any time, be liable to do duty in the forts and garrisons of the United States, on the seacoast, or any other duty on shore, as the President, at his discretion, shall direct. ADDENDA. 323 [Laws of the U. S., vol. 3, page 615.1 CHAP. 401. An act in relation to the navy pension fund. 1. Money accruing from the capture of prizes, not already paid, to be paid to the Treaaurer of the United States. 2. The Treasurer to receive the money and disburse it - A distinct quarterly account of moneys received and disbursed to be rendered by the Treasurer. 3. The accountant of the navy to receive and settle all accounts in relation to the navy pension fund. 4. The Comptroller authorized to direct suits for sums due to the United States for prizes. 5. The commissioners of the navy pension fund may appoint a secretary with a salary not exceeding two hundred and fifty dollars per annum. 6. The commissioners directed to make regulations for the admission of pensioners. APPROVED, MARCH 26, 1804. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the money accruing, or which has already accrued, to the United States, from the capture of prizes authorized by law, and which has not already been paid to the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, as commissioners of the navy pension fund, shall be paid to the Treasurer of the United States. SEC. 2. And be it further enacted, That it shall be the duty of the Treasurer of the United States to receive all the money so accruing, and to disburse the same, pursuant to warrants from the Secretary of the Navy; and a distinct quarterly account of the moneys thus received and disbursed shall be rendered by the said Treasurer to the accounting officers of the treasury, in the same manner as is provided for other public moneys received by him. SEC. 2. And be it further enacted, That it shall be the duty of the accoutant of the navy to receive and settle all accounts whatever, in relation to the navy pension fund, and report, from time to time, all such settlements as shall have been made by him, for the inspection and revision of the accounting officers of the treasury, in the same manner as in other cases of public accounts. SEC. 4. And be itfarther enacted, That the Comptroller of the Treasury shall be fully authorized and empowered to direct suits for the recovery of any sums now due, or which may hereafter be due, to the United States, for prizes as aforesaid, and to prosecute the same in the name of the United States, in the same manner as in other cases for the recovery of moneys due to the United States. SEC. 5. And be it further enacted, That the commissioners of the navy pension fund be, and they are hereby, authorized to appoint a secretary, who shall perform all such duties, in relation to the fund, as they shall require of him; and shall receive for his services a salary not exceeding two hundred and fifty dollars per annum, to be paid quarter-yearly, at the Treasury of the United States, and charged to the samei find. SEC. 6. 6. And be it further enacted, That the commissioners of the navy pension fund be, and they are hereby, authorized and directed to. make such regulations, as may to them appear expedient, for the admission of persons on the roll of,navy pensioners,, and for the payment of the pensions. 324 ADDENDA. [3.] [Laws of the U. S., vol. 4, page 631.] CHAP. 586. An act to amend and explain the act regulating pensions to persons on board of private armed ships. 1. The act regulating pensions to persons on board private armed ships, to be construed to authorize the Secretary of the Navy to place on the pension list any officer, seaman, or marine, belonging to ally private armed vessel, who has been wounded in the line of his duty. APPROVED, AUTGUST, 1813. SEC. 1. Be it enacted by the Senate and House of Representatives of the fUnited States of America in Conzgress assembled, That the act regulating pensions to persons on board private armed ships shall be so construed to authorize the Secretary of the Navy to place on the pension list, under the restrictions and regulations of the said act, any officer, seaman, or marine, belonging to any private armed ship or vessel of the United States, bearing a commission of letter of marque, who shall have been wounded, or otherwise disabled, in the line of their duty as officers, seamen, or marines, of such private armed ship or vessel. [4.] [Laws of the U. S., vol. 9, page 655.] CHAP. 809. An act explanatory of the act entitled "An act granting half pay to widows and orphans, where their husbands and fathers have died of wounds received in the military service of the United States, and for other purposes." 1. Widows who married after death of first husband entitled to pension. 2. Widows who married before 3d November, 1783, also entitled to pensions. APPROVED, MARCH 3, 1837. SEc. 1. Be it enacted by the Senate and House of Representatives of the eUnited States of America in Congress assembled, That the benefits of the third section of the act entitled "An act grant~ing half pay to widows and orphans where their husbands and fathers have died of wounds received in the military service of the United States, and for other purposes," approved the fourth day of July, eighteen hundred and thirty-six, shall not be withheld from any widow in consequence of her having married after the decease of the husband, for whose services she may claim to be allowed a pension or annuity under said act: Provided, That she was a widow -at the time it was passed. SEC. 2. And be itfurther enacted, That the widow of any person who continued in the service of the United States until the third day of November, seventeen hundred and eighty-three, and was married before that day, and while her husband was in such service, shall be entitled to the benefits of the third section of the aforesaid, act. !~~~~~~~~~~~~~~~~~~~~~~~~ t. I I D i I I I~~~-p eg-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I.1a APPEND IX. I. OPINIONS OF ATTORNEYS GENERAL ON PENSIONS AND LAND B3OUNTIES. II. DECISIONS OF SECRETARIES ON PENSIONS AND LAND BOU NTIE S III. REGULATIONS, FORMS, AND INSTRUCTIONS OF SECRETARIES ON PENSIONS AND LAND BOUNTIES. OPINIONS OF ATTORNEYS GENERAL OF THE UNITED STATES. IN RELATION TO PENSIONS*x AND LAND BOUNTIES. BOUNTY LAND.-A second warrant issued by inadvertence, and located after one had been issued for the same land, but not located, shall not exclude the right of the first warrantee to locate elsewhere. WASHINGTON, Mliarch 22, 1815. Question stated by the Secretary of WVar.- A military land warrant is issued, and a patent thereon duly obtained for the land, in ignorance that a former vTvarrant, in satisfaction of the same claim, had issued and was in existence, but never located. The first warrant is then presented at the Land Office. Can it be allowed location after the regular location and patent of the second warrant? Answer.-If the Government improvidently issue a second warrant for a claim on which it had granted a former one, I do not think that this circumstance alone should deprive the first warrantee of any of his rights. The neglect to locate is protected by the various acts of Congress which have passed from time to time, enlarging the period for the location of warrants for military bounty lands, even down to the act of July 5, 1813, which * Mr. Wirt's opinion, No. [7,] is the first on pension laws of which any record is preserved, the opinions of Attorneys General not having been preserved anterior to the appointment of Mr. Wirt, as will be seen by the following extract from vol. A. in the Attorney General's Office: ATTORNEY GENERAL'S OFFICE, 13th November, 1817. "Finding on my appointment, this day, no books, or documents, or papers of any kind, to inform me of what had been done by any one of my predecessors, since the establishment of the Federal Government, and feeling very strongly the inconvenience, both to the nation and myself, from this omission, I have determined to remedy it, so far as depends on myself, and to keep a regular record of every official opinion which I shall give while I hold this office, for the use of my successor. "To make the arrangement as perfect as I can, I have prevailed on the Heads of Departments to furnish me with copies of all the Documents on which I shall be consulted, and which will be found filed and numbered, to correspond with the numbers in the margin prefixed to each opinion. A copious index to this book is also given, with references, under various hl:ads, to each, for the greater facility of using the book." [Signed] WM. WIRT. [Other opinions obtained, however, from other sources, have been introduced.] 328$ 23APPENDIx IX gives until the Ist of October, 1816, for their locationo If, thefefore, the first warrantee, ill the case stated, stands in a predicament to be entitled to his location and patent on all other grounds, I am of opinion that the fact of the second warrant and patent havingf been issued should not exclude him. RICHARD RUSH, Attorney General. [2.] INVALIDS AND THEIR DISABILITY IN LINE OF DUTY.-I. The first clause of the 14th section of the act of Congress of March 16, 1802, in reference to invalid pensioners, considered. In what other way than by wounds must the disability have been incurred to entitle the applicant to the pension; various modes stated; as the act of God in a stroke of the sun; unavoidable casualties occurring in the line of duty. 2. Line of duty what: Every officer, in fiull commission, and not on furlough, considered in line of duty, although at the moment not employed: the same of a soldier who is kept in pay: some qualifications and exceptions. If loss of health is produced by careless, irregular, or vicious habits, or if'constitution is irnpaibed, or germ of disease is seated at the time of entering the service, then there is cause for extreme caution, or an entire exclusion from the pension: various illustrations. WASHINGTON, April 6, 1815. The Secretary of War having, in a letter of the 4th instant, desired my opinion on the true meaning of the first clause of the 14th section of the act of' Congress, passed on the 16th of March, 1802, for fixing the military peace-establishbment, I have the honor to submit the followilng: 1. The words of the clause are: "That, if any officer, noncommissioned officer, musician, or private, in the corps composing the peace-establishment, shall be disabled by wounds or otherwise while in the line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as may be directed by the President of the United States for the time being." The question made is, in what other way than by wounds must the disability have been incurred, to entitle the party to the pay provided? The words of the section are not quite so distinct as to remove all grounds for diversity of opinion; yet, unless some liberality in their interpretation be allowed, it is to be feared that the benignant intentions of the law might be in danger of being curtailed or frustrated. The expression "or otherwise" is placed in contradistinction to wounds. In its primary signification, it may be taken to import a disability brough on by the direct and apparent agency of accidents or inflictions from the hand of God or men, happening to the party while in the immediate and obvious discharge of his duty, but w,-hich could not, with technical propriety, be denominated wounds. Instances of this kind may readily be conceived;-as if an officer, exercising his men on a hot day, should receive a stroke of the sun; a musician, while obeying an-order to sound his bugle, should rupture a blood-vessel; or a soldier, while working upon fortifications, should dislocate a APPENDIX I. 329 limb: in such, and similar cases that may be imagined, it cannot be doubted but that the disability would be brought on in a mode to meet the alternative stated in the act. It will be to enlarge it but a little more, and, as is conceived, to uphold its genuine and humane spirit, as well as its legal sense, to say that the connexion between the inflicting- agent and consequent disability need not always be so direct and instantaneous. It will. be enough if it be derivative, and the disability be plainly, though remotely, the incident and result of the military profession. Such are the changes and uncertainties of the military life-such are oftentimes its trials, as well as its hazards-that the seeds of disease, which finally prostrate the constitution, may have been hidden as they were sown, and thus be in danger of not being recognised as first causes of disability in a meritorious claim put forth for the bounty of the act. It would not, I think, be going too far to say, that, in every case where an officer or private loses his health while in the service, to such a degree as to be disabled from performing his duty any more, he is contemplated, prima facie, as an object of this charitable relief from the Legislature. 2. I feel more doubtful in fixing, by any undeviating standard, what is meant by being in the line of his duty. Upon this point, I should presume, however, that every officer in full commission, and not on fulough, must be considered in the line of his duty, although, at the moment, no particular or active employment is devolved upon him. The same of a soldier who is kept in pay; for it is presupposed of both the one and the other that they are at all times prepared -for duty; and it is surely of indispensable obligation upon them to keep themselves detached from other pursuits, so as to be ready at a moment to answer any call emanating from those who may be authorized to command them. Perhaps a voluntary absence, too long continued, on the part of an oflicer from his station, might form an exception, so as to exclude the idea of his being in the line ol his duty during any accident or sickness palpably proceeding from causes while he was away. But the officer who, by reason of marches in damp or cold wveather, or who, from being in garrison exposed to marshy exhalations, finds, even at some interval, his constitution broken down by rheumatism, or enfeebled by the constant recurrence of fevers, is surely as just an object of this humane stipend at the hands of the Government, as he who may have had his arm shattered by a bullet. Such cases are again put only as examples. Others may also be supposed, in which the performance of military duty, in some of the various shapes it may be made to assume, has proved the original, though it may not be admitted as the proximate, cause of the disability superinduced. In the discretion which is vested in the President, a sufficient guard is established that an interpretation of the act, such as is indicated by the foregoing remarks, will not open the way to abuse. If the loss of health should have proceeded from careless or irregular habits in the party-much more if from vicious ones; 330 APPENDIX I. or if he brought to the service or ranks of his country a constitution already impaired, or rankling with the germ of maladies that afterwards do nothing more than ripen into activity;-these will form occasions for caution, or fromn an entire exclusion from the bounty, when the executive duty comes to be performed in the way Congress has pointed out. A claimant who was suspected not to stand in lights altogether meritorious or innocent, must expect that his application would meet a severe scrutiny and certain rejection at the discovery of any thing that could taint it with unfairness or imposition. But if the sound construction be not at least as broad as I have supposed, we shall be -t some loss to know what meaning the words "inferior disabilities," used in the concluding sentence of the 14th section, were intended to convey. It may, perhaps, be said, that to earn the bounty, the disability should have been incurred by accident or sickness peculiar to the employments of military men, and such as it may reasonably be supposed would have been avoided in other occupations. But it is conceived that this would prove a vague or deceptions rule of interpretation. With what safety, or with what certainty, could it be applied? The soldier asleep in garrison may suddenly, when he wakes, find his eyesight gone, without being sensible himself, or without its being imagined by others, that the predisposing and leading cause of his affliction was imbibed in ascending the Mississippi months before, whilst a hot and vertical sun was flashing its fires around him. Another may linger in a consumption; the consequence, perhaps, of a slight cold in the beginning, but of which the labors and hardships of his life may never have allowed him opportunity to get rid. And a third may lie bedridden under a palsy, which the change of habits and ailment after his enlistment may have been the chief though occult causes in producing. It would be easy to multiply indefinitely such illustrations, applicable alike to the condition of officers and men. I would remark, as giving strength to the principles which I suppose the Legislature to have had in mind in framing this section, that we find it recorded in the Digest of Justinian, that "he who has hired his services is to receive his reward for the whole time, if it has not been his fault that the service has not been performed." So, too, by the maritime law, it is well understood, that if sickness or disability overtake a seaman, which was not brought on by vicious or unjustifiable conduct, he is entitled to his full wages for the year. Nor does it make any difference whether it come on during the time he was on actual duty, or was merely accidental while he continued in the service. These principles have been sanctioned -by time; and it is hoped that it will not have been deemed out of place to advert to the analogies they hold up. RICHARD RUSH, Attorney General. APPENDIX I, 331 [3.] BOUNTY LAND —I. Every non-commissioned officer and soldier, enlisted since 10th December, 1814, entitled to 320 acres. 2. Minority does not create incapacity to take land bounty any more than bounty in money or pay. WASHINGTON, August 1, 1815. Are persons enlisted since the 10th of December, 1814, entitled to their land warrants for the additional bounty, in the same manner as those enlisted prior to that period? Are minors, regularly enlisted, entitled to their land warrants? Answer. 1. I think that every non-commissioned officer and soldier enlisted since the 10th of December, 1814, is entitled to a bounty of 320 acres of land, provided that he obtain, on his discharge from service, a certificate from the commanding officer of his company, battalion, or regiment, that he had faithfully perbformed his duty whilst in service. 2. I do not think that the fact of minority creates any incapacity to take the land bounty, any more than the bounty in money or pay. The contract of the Legislature must be fulfilled in this, as in all other respects. -The minor who brings himself within all the other requisites is, I think, entitled to his land warrant in like manner with persons of full age. RICHARD RUSH, Attorney General. [4.] BOUNTY LAND.-I. Construction of the acts of January 11, 1812, and of April 16. 1816, granting bounty land. 2. Under act of 1816, optional with the guardian to elect either the bounty land or half pay for minor's benefit. 3. Congress has no right to extinguish or modify a right already vested in heirs. WASHINGTON, June 17, 1816. The 12th section of the act of Congress of January 11, 1812, gives to soldiers enlisted for five years, or during the war, a bounty of 160 acres of land; and in case of their being killed, or dying in the service, the said bounty is to go to their heirs. The 2d section of the act of April 16, 1816, making further appropriation for military services during the war, provides, among other things, that it shall be lawful for the guardians of the children of such deceased soldier, where they are under sixteen years of age, to relinquish the bounty land aforesaid, and to receive, in lieu thereof, on behalf of the said children, one-half of the monthly pay to which the deceased person was entitled, for and during the term of five years. Question.-Is the bounty land mentioned in the said act of January 11, 1812, to be considered, by virtue of the death of the soldier, as so far vested in the heirs as not to be capable of being divested, for the purposes specified, by the subsequent act of April, 16, 1816? 332 APPEINDIX I. Answer.-I think not. The act of April 16, 1816, seems not so much designed to take away a, vested right, as to open the door to a new privilege in favor of the minor. Not considering that a compulsory acceptance is thrown upon the guardian, I imagine him hereby to have an option, which it is to be presumed he will exercise for the minor's benefit. Taking the act under an opposite view-that is, supposing the guardian not to have an option-I should doubt the authority of Congress to extinguish, in such a case, or even coercively to modify, a right already vested. RICHARD RUSH. [5.] POWER OF ATTORNEY.-Requisite authentication of, by a Mayor, or Justice of Peace, with public seal attached. JuLY 6, 1816. The within power of attorney is not authenticated in legal form. It should have been proved before the mayor, or other chief magistrate of Albany, with the seal of office annexed; or, if before a justice of the peace, his appointment as such should be certified by the proper authority, and under the public seal of the State. In the present state of the instrument, I think the Commissioner would well be justified in withholding the patent, especially when the more formal regulations since adopted are considered. RICHARD RUSH, Attorney General. [ 6.] PENSION TO MINoRs.-lMinor children under the act of 16th April, 1816, must have been under 16 years of age at the death of their father. WASHINGTON, December 24, 1816. Under the 2d section of the act of Congress of the 16th of April, 1816, entitled "An act making further provision for military services during the late war, and for other purposes," I am of opinion that the epoch of the death of the non-commissioned officer, musician, or private, of the regular army, marks the point'of time at which the child or children must have been under sixteen years of age, in order to invest the guardian with the right of commuting the bounty land for the half-pay proposed as its substitute. It may be scarcely necessary to add, that, at the period of the relinquishment, the legal rights of the guardian over the estate of the minor must be in full existence. RICHARD RUSH. APPENDIX I, 333 [7.] PENSION TO INDIGENTS. —-. Proof of indigence of claimants to be communicated by District Courts, or Courts of Record of the State or Territory, to aid the Secretary of War to bring the applicant within the benefit of the law. 2~. Amendment of the law recommended. WASHINGTON, March 26, 1818. 1. SIR: I think it must have been the intention of Congress that the whole proof, as well of the indigence as of the service, under the new pension law, should reach you through the district judge of the United States of the district, or judge or court of record of the county, State, or Territory, in which the applicant shall reside. There is, indeed, a peculiar fitness in its being so; because those tribunals, being on the spot of the applicant's residence, would have a facility as well as certainty of information, as to the fact of his indigence, which you cannot possess, and in regard to which you would unavoidably be subject to imposition. It is true, the language of the act is not very explicit on this subject. It would seem, on the contrary, that the functions of the district judge, &c., were confined to an inquiry into the service merely; but you will observe that the act, after directing the oath or affirmation of the applicant, provides that he shall " offer such other evidence as may be in his power." Other evidence as to what fact? It is susceptible of two constructions: First, that this other evidence is to relate solely to the same fact as to which the applicant has already sworn or affirmed- to wit, the fact of service. Second, that it is to relate to all the facts which are to bring the applicant within the benefit of the law. The first construction arises most naturally out of the context, but the last is the most reasonable and the most convenient; for I cannot conceive why the inquiry as to the indigence should be thrown exclusively on the Secretary of War, when the tribunals before mentioned have so much better opportunity, from their personal knowledge of the situation of the applicant, and of the character and credibility of his witnesses. to ascertain this facto. 2. I think you had better have the act amended before Congress rises; a very few words would do it. For example: Section 2, line 18: after the word "evidence," insert these words: "both as to his service and the indigence of his circumstances." Same section, line 22: after the word " enemy," add, " and that his circumstances are such as to entitle him to the benefit of this act." WM. WIRT. [ s.] BOUNTY LAND.-Under act of April 16, 1816, a soldier who has enlisted for five years or during the war, and serves tunder that enlistment until promoted to the rank of a commissioned officer, is entitled to his land bounty, although he resigns before close of war. RICHMOND, July 29, 18190 SIR: i received at this place the letter from Jeremiah N. Stero ling, on which you have requested my opinion. Mr. Sterling is 334 APPENDIX I, an applicant for land bounty, under the 3d section of the act of the 16th of April, 1816, entitled "An act making further provisions for military services during the late war, and for other purposes," He states that he enlisted as a soldier, and served during the late war, until he was promoted to the rank of a commissioned officer, which commission he resigned before the conclusion of the war. And the single question presented by his case is, whether that resignation cuts him off from the bounty provided by the section of the act in question; or, in other words, whether, to entitle him to the land bounty, he was not bound to have served under his commission until the end of the war? In considering the just construction of this section, it is observable that it provides for those classes of persons for whom no previous provision has been made, to wit. 1. All soldiers above the age of forty-five, or under the age of eighteen, who had been enlisted to serve for five years or during the war, and who had faithfully served during the war and had been regularly discharged. 2. The representatives of such soldiers as had died whilst in the service of the United States. 3. All soldiers who had been enlisted and had faithfully served during the war until they had been promoted to the rank of commissioned oficers, who, if they had served during the war under their enlistment and had been regularly discharged, would have been entitled to a bounty in land. Under this third provision, the only questions in relation to Mr. Sterling are1st. Was his enlistment as a soldier of that character, that if he had served under it during the whole war, and been regularly discharged, he could not have been entitled to the land bounty; i. e. was he enlisted for five years, or during the war? 2d. Did he serve under that enlistment until he was promoted to the rank of a commissioned officer? If the facts of the case answer both these questions in the affirmative, he is, in my opinion, clearly entitled to the bounty under this act. To require that he should have served under his commission till the end of the wai, in order to entitle him, is to require what the act of Congress does not require. If Congress intended the service so to continue, they have not said so. Their words are, "all soldiers who have been enlisted and have faithfully served during the late war, until they had been promoted to the rank of commissioned officers." The moment the soldier is so promoted, his right attaches, and he is from that moment placed exactly on the footing of the soldier who had served during the war, and until regularly discharged. Any other construction would render the words " until they have been promoted to the rank of commissioned officers" utterly senseless; whereas they are obviously used, and used for the express purpose of marking the very epoch and the event on which the right to the bounty was intended to attach. Ths policy of the law, I presume, was to promote emulation in the ranks, and to reward the successful competitor. [WM. WVIRT.] APPENDIX t. 335 [9.] BovUNTY LANDS.-i. Under act of 5th March, 1816, land warrants to Canadian vole unteers not assignable. 2. Warrant obtained by fraud to be cancelled, and in such a way as to incapacitate it from circulation without rendering it illegible, and to be returned to party presenting it; his redress to be obtained in courts of justice. OFFICE OF TIlE ATTORNEY GENERAL, Dec. 26, 1819. SIR The two questions submitted for my opinion are1 st. Are the warrants granted for military bounty land, granted to certain Canadian volunteers under the act of 5th lMarch, 18169 assignable or transferable? 2d. If, before a patent issues wxhich would be predicated on a warrant of this class, it is discovered that the warrant was fraudulently obtained, is the Secretary of War authorized to annul it? 1. The warrant has nothing of a negotiable character on its face. It does not state that the volunteer and his assigns, or that the volunteer or the holders of the warrant, is entitled to the lands. It certifies only that the volunteer himself is,entitled. Nor does the act under which these warrants issue make them assignable; nor does it give any authority to the Commissioner to issue a patent to the assignee or holder of the warrant. Taking the question, therefore, on this act alone, it might well be questioned whether the Commissioner could, properly issue a patent to the assignee of such a wvarrant. But, considering this act as a part of a system of legislation on the subject, and therefore to be construed in connexion with the acts of the 6th May, 1812, and the 16th April, 1816, (both of which expressly prohibit the assignment of military warrants for land bounty, and declare the transfer 6f them invalid;) considering, too, that these warrants to Canadian volunteers are as completely within the policy of these prohibitions as military lands of any other description;-I hold it the safer opinion, that they cannot pass by assignment or transfer. 2. A warrant obtained by fraud is of no value to the holder, and I cannot, therefore, conceive any injury which can result from cancelling it. On the contrary, the fraud being fixed, I consider it the duty of the Secretary, both towards the Government and towards society, to disable the warrant from being used as an instrument of further mischief. But, since the evidence which fixes the fraud must, friom the necessity of the case, be always ex parte in relation to the holder of the warrant, whose character as well as rights are staked on the correctness of the Secretary's decision, I submit as the better course to cancel the warrant in such a way as to incapacitate it for circulation, without rendering it illegible; noting on the warrant, in a few words, the cause of its cancellation, and then handing it back to the person who presented it, to seek any redress to which he may be entitled before the tribunals of his country. WM. WIRT. To the S.ECRETARY OF WARo 336 APPENDIS I. [ 10.] INVALID PENSIONs.-Cadets and Corps of Engineers entitled.-I. Under act of March 3, 1815, the Corpus of Engineers was expressly authorized to be retained on the peace establishment, and it was provided that they should be emitled to the benefits of the act of 16th March, 1802, for wounds and disabilities. 2. Corps of Engineers first organized under act of 1802, which further provided that said corps constitute military academy at West Potnt. 3. All cadets subsequently raised were, by act of 29th April, 1812, consolidated with and made part of the original Corps of Engineers, and, like them, subject to call of President, and to rules and articles of war. OFFICE OF TIiE ATTORNEY GENERAL, April 8, 1820. SIR: I avail myself of the earliest hour at which prior engagements would permit it, to give you my opinion on the question, "6 whether cadets, who are wounded in the line of their daty, are entitled to pensions?" 1. By the 1 st section of the act of the 3d of M~[arch, 1815," fixing the military peace, establishment of the United States," the corps of engineers was expressly authorized to be retained; and, by the 7th section of the same act, it was provided that the several corps authorized should be entitled to the same provision for wounds and disabilities, &c., as was authorized by the act of the 16th of March, 1802, entitled " An act fixing the military peace establishment of the United States.9' By the letter on which your question is endorsed, it appears that the inquiry relates to the cadets at West Point. If' these cadets, then, constitute a part of the corps of engineers retained on the peace establishment by the act just cited, they are, by its express enactment, entitled to the same provision for wounds and disabilities, as was authorized by the act of the 16th of MIarch, 1802. Do those cadets constitute a part of' that corps? 2. By the 26th section of the act of the 16th of March, 1802,just referred to, a separate and distinct corps of engineers was, for the first time, authorized to be raised; and it was to consist, among others, of ten cadets. 3. By the next section of the same act, it was provided that the corps of engineers, thus organized, should constitute the military academy at West Point. Thus, in its origin, these ten cadets did constitute a part of the corps of engineers. By the 3d section of the act of the 29th of April, 1812, "making provision for the corps of engineers," it was enacted that the cadets theretofore appointed in the service of the United States, as well as those who might in future be appointed, as thereinafter directed, might, at the pleasure of the President, be attached to the military academy at West Point, and be subject to the established regulations thereof. By the same section it was provided that, in order to qualify them to be thus attached, they should, among other things, have engaged to serve for five years, unless sooner discharged; and that they should be entitled to the pay and emoluments allowed by law to cadets in the corps of engineers. I have had the honor, on a former occasion,* to-express to you' Opinion of the 21st August, 1819, not relating to pensions. APPENDIX I. 3387 the opinion that the legal effect of this section of the act of 1812 was to consolidate with the original corps of engineers the cadets thus authorized to be added, so that they could no longer be distinguished, in any respect, from that corps; that, like them, they were subject to be called into actual service whensoever and wheresoever it pleased the President to call them; and that, like them, they were at all times subject to the rules and articles of war. Nor have I seen any reason to change this opinion; more especially since I understand it has been approved both by the President and yourself. The cadets, thus composing a part of the corps of engineers, are embraced by every provision affecting that corps in general terms; and, consequently, are embraced by the provision of the 7th section of the act of the 3d of March, 1815, before cited. That section, as we have seen, is, that the several corps authorized by that act (of which the corps of engineers was one) should be entitled to the same provision for wounds and disabilities, &c., as was authorized by the act of the 16th of March. 1802. The only remaining question is, whether the act thus referred to authorizes pensions for wounds and disabilities? It is proper to observe, that the reference thus made to the act of the 16th of March, 1802, is not made for the purpose of ascertaining who was entitled to the provision made for wounds and disabilities; for that was already ascertained, as we have seen, by the act of the 3d of March, 1815, itself. But the reference to the former law is made solely for the purpose of ascertaining what the provision was which was thetreby made for wounds and disabilities; and, on turning to the 14th section of the former law, we find it enacted "that if any officer, non-commissioned o'fficer, musician, or private, in the corps composing the peace establishment, shall be disabled by wounds, or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pay," &c. Thus (contrary, I confess, to my impression, on the first presentation of the question,) I find myself brought to the conclusion that the cadets attached to the military academy at West Point are entitled to the benefits of this provision for wbounds and disabilities received in the line of their duty. To the SECRETARY OF WAR. WM. WIRT. [11.] INDIGENTS AND COURTS.-l. Schedule of property to be presented in open court; and court must be court in session. 2. As to what are courts of record: Courts of special jurisdiction may be courts of record: All courts of the United States are courts of special, not of general judisdictlon. The following then, are courts of record: Such as are expressly made courts of record by the law of the State which creates them: Such as have been solemnly adjudged by the tribunals of the several States to be courts of record: Such as proceed according to the course of common law, with unlimited jurisdiction, as to amount, keeping a record of proceedings: Such as have power of fine and imprisonment. Court itself may note that it is a court of record, and this may be required by regulations. 3. Amount of schedule to be the test of the indigence of applicant. 29 338 APPENDIX L OFFICE OF THE ATTORNEY GENERAL, hSay 9, i820J SIR: I have now the honor to answer, in their order, the three questions submitted for my opinion yesterday, on the act of Conr gressof the 1st instant, supplementary to the act of the 18th MIjarch, 181, providing for certain persons who served in the land and naval service of the United States, in the revolutionary war. Ist. Whether the whole of the form prescribed in the 1st section, to verify the amount of property of the applicant, except the oath of the party and the certificate of the clerk, must not be done in open court? Aaswer. —That section requires the party to present in open court the schedule of all his property, subscribed by himrelE, and accompanied by the affidavit, the form of which is given by the section. This affidavit must be annexed to the schedule, and must either have been previously sworn to before some judge of the court, or must be sworn to in open court, when the schedules to which it is annexed shall be presented. The court, to which the schedule is thus presented, afflx a value to the property: all this is to be done in open court, and made matter of record; for by the term court, used in the section, is meant the court in session. I answer the first question, therefore in the affirmative. 2d. WX hether by " court of record," mentioned in the 1st section, is included courts of special jurisdiction-such, for example, as a court of ordinary, even when it is a court of record, as it has been decided to be in some of the States? Answer.-Courts of special jurisdiction may, nevertheless, be courts of record. All the courts of the United States are courts of special, not of general jurisdiction; yet they are courts of record. The phrase " court of record" is borrowed from the Engo lish lawv, and it is proper to look to that law for its maeaning. According to the English law, those only are courts of record which proceed according to the course of common law; which have jurisdiction in all actions, real, personal, and mixed, above the value of forty shillings; which have the power to fine and imprison; and which enroll or record their proceedings in perpetual testinriony thereof: According to that law, the rnere fact of keeping a registry of its proceedings is not enough to make a court a court of record. For the court of admiralty and the ecclesiastical courts do this: yet are they not courts of record, in England; because they do not proceed according to the course of the conmon lawr,' but according to the course of the civil and canon law. The "court of ordinary" mentioned in the question, is, 1 presume, the prerogative court of England, whose function. it is to grant probate of wills and letters of administration; this is one species of ecclesiastical courts, and, in England, is not a court of' record, for the reason just mentioned-that it proceeds by the civil and canon law, not by the common law. It is further to be remarked, that in England the erection of a new tribunal, wvith a power to fine and imprison, is, of itself, suffcient to constitute the new tribunel a court of recor'd. With APPENDIX T. 339 this view of the English law on the subject, it is proper to state that, in my opinion, all are courts of record, within the contemplation of the act of Congress: 1. Which are expressly made courts of record by the law of the State which creates them; 2. Which have been solemnly adjudged by the tribunals of the several States to be courts of record; 3. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping -a record of their proceedings; 4. Which have the power of fine and imprisonment. And courts which proceed'according to the course of the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings and possess a seal. The great multitude and variety of courts which exist in the different States, and the very loose and incorrect notions which are afloat as to what it is that constitutes that technical being, 66a court of' record," will render it difficult for you to apply these principles to every case that may be brought before you from every part of the Union. You have a right, however, to be satis-'fed-and, indeed, you are required by the law to be satisfied — that the court whose certificate is offered, is a court of record. This proof can be easily supplied by the minutes of the court, in every instance; it may, on the face of the proceedings, state itself to be a court of record; state why it is such; for example, " being a court of record, expressly so declared by the statute of the State which created it," or "expressly so adjudged by the tribunals of the State," or "having the power of fine and imprisonment9," &c. This may be required by the regulations which you will publish under the act; and it is, fobrtunately, a requisition with which a compliance is very easy. 3W. Whether the words of the 3d section, "in such indigent cireumstances as to be unable to support himself without the assistance of his country," do not comprehend those only who are incapable, without the aid of the Government, of supporting themselves, except by private or public charity? _Answer.-I think that it was the intention of Congress to make the amount of the schedule the test of the indigence of the applicant; anld that, consequently, the relief given by the former act is to be continued in every case in which the schedule shall exhibit proof of such indigence, that the income of the property is inadequate to the support of the applicant. I have the honor to be, sir, very respectluJiy, your obedient servant,; WM. WIRT. To the SECR.ETARY OF WYARR 340 APPENDIX I. [ 12.] LANDD BOUNTY.-The representatives of Jacob Meyers, under acts of 6th February, 1812, anid 29th January, 1813, entitled. OFFICE OF THE ATTORNEY GENERAL, June 21, 1820. SIR: I have collated with care all the acts of Congress which affect the case of Jacob Meyers, a volunteer who died in the service of the United States on the 3d March, 1813, and am of the opinion that his representatives are entitled to the bounty given by the act of the 6th of February, 1812, and reassured by the act of the 29th January, 1813-the right of the volunteer to this bounty becoming vested by his death on the 3d March, following; but that the act of the 16th of April, 1816, does not bear on his case; and that, consequently, they are not also entitled to the half-pay. In conformity with your suggestion, I give you the resuit merely of this examination, without the process of reasoning by which 1 havebeen conducted to it. I have the honor to be, sir, very respectfully, your obedient servant, WM. WIRT. To the SECRETARY OF WAR. [ 13.] PrTlZE MONEY.-HIeirs of Isaac Hardy, killed in the victory of Lake Erie, entitled to his proportion of the purchase of the captured fleet, as prize money. OFFICE OF THE ATTORNEY GENERAL, October 17, 1820. SIR: The following case has been stated from the Navy Department for my opinion. Isaac Hardy, a seaman in the navy of the United States, was killed in the victory of Lake Erie, in September, 1813. He left a wife, who has administered on his estate at Philadelphia, where the deceased resided in his lifetime; he left no heirs or other known kindred. or representative, except his wife. She has applied for his share of' the prize-money; and the question is, whether she be entitled. By the 48th article of the rules and regulations for the government of the navy of the United States, passed the 23d April, 1800, it is provided that "'the proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prize, when of equal or superior force to the vessel or vessels making the capture, be the sole property of the captors; and when of inferior force, shall be divided equally between the United States and the officers and men making the capture. The next article, in making the distribution of the prize-noney, assigns "to seamen, mariners, and all other persons doing duty on board, seven-twentieths." By the practical construction of this act at the Navy Department, I learn that persons doing duty on board, and killed in the action, come into the distribution, and have a fair claim for their proportion of the prize-money to their legal representatives or heirs. When, then, the fleet captured on Lake Erie was condemned APPENDIX I. 341 a prize of war, there was a vested right in the legal representatives or heirs of Isaac Hardy for his proportion of seven-twentieths of the prize-money; and it could not have been withheld from his administratrix, his legal representative. But, on the 18th April, 1814, Congress passed an act authorizing the President to purchase the captured fleet, at the price of $255,000; which sum it directed to be distributed as prize-money between the captors and their heirs. In my opinion, Congress intended nothing more by this act than to substitute the $255,000 in lieu of the proceeds of the sale of the prize-vessels, had they been sold under the decree of court, without the most distant intention of affecting in any manner the mode of distribution, either as to the quantum or the persons authorized to take; indeed they could not, if they had intended it, have produced such an effect, because that would have been to divest a vested right. Inasmuch, therefore, as Diana, the widow and administratrix of Isaac Hardy, would have been authorized to take his distributive share of the proceeds of sales, had the prizes been sold under a decree of court; so, in like manner, will she be authorized to take his distributive share of the proceeds of the sale to the President, which are merely substituted in the place of the former. Even in the character of heir, under the existing laws of Pennsylvania, she is the only person who is authorized to take. But my opinion is, that her receipt as administratrix will be a sufficient discharge for the prize-agent; though he may, from abundant caution, require her to superadd the description of " sole heir." WM. WIRT. To the SECRETARY OF THE NAVY. [14.] PENSION TO AIDS-DE-CAMP.-The act of 11th January, 1812, in fixing the rate of allowance for pensions, looks only to commissioned and non-conmmissioned officers, mueicians and privates; an aid-de-camp, therefore, cannot receive a pension according to his pay as aid-de-camp, but according to the commission he actually held. OFFICE OF THE ATTORNEY GENERAL, December 5, 1820. SIR: The 14th section of the act of Congress of the 11th January, 1812, "to raise an additional military force," appears to me to look only to commissioned and non-commissioned officers, musicians, and privates, in fixing the rate of allowance for pensions. There is no rate of pension there given to aids-de-camp, who, you inform me, are not commissioned as such, and therefore do not come within either of' the denominations given by the act. The case of Captain White, therefore, is a casus omissus, so far as his claim for a pension, graduated by his pay as aid-de-camp, goes. It would be an unwarrantable enlargement of the express terms of the act to extend it to such a case. It would be legislation, not construction; since it would be a substantive and distinct enactment providing for a new class of cases not contem 342 APPENDIX I, plated by the act. The spirit of the section can leave no doubt that, if the case had occurred to Congress, they would have provided for it by adapting the pension to the pay of the aid-decamp. Congress may, and most probably would, by a special law for the particular case, order a pension adjusted by the scale of the pay. But as the law now stands, I do not see that; you can, with propriety, do more than to allow a pension regulated by the pay belonging to his commission as captain. I have the honor to be, sir, very respectfully, your obedient servant, WM. WILRT. To the SECRETARY OF WAR. [15.] BOUNTY LAND.-Canadian volunteers may locate land warrants by attorney, and pao tent may issue in name of volunteer. ATTORNEY GENERAL'S OFFICE, December 29, 1820. SIR: In reference to the question propounded to me from your department on the 26th, I can see no reason why Caudadian volunteers should be excluded from the common privilege of acting by attorney in locating land warrants, nor why patents should not issue on such locations in the name of the volunteer. The opinion which I gave to the Secretary of War on the 26th December, 1819, related merely to the assignable quality of those warrants, and had nothing to do with the right of the volunteer to act by attorney in fact, properly constituted as such. The course you propose, therefore, is, in my opinion, perfectly proper. WM. WIRTo To the SECRETARY OF THEE TREASURYo [16.] NAVY INVALID PENSIONER. —-Act of iMarch 3, 1819, applies to all pensioners; navy pensioners not excepted. OFFICE OF THIE ATTORNEY GENERAL, fcanuCry 23, 1821. SIR: The act of Congress of the 3d March, 1819, entitled "An act regulating the payments to invalid pensioners," being universal in its language, applying to "all cases of application for the payment of pensions to invalids under the several lawTs of Congress granting pensions to invalids;" and the policy of the provision of the act also applying to all cases equally, I can discern no reason for excepting navy pensioners from its operation; and am, therefore, of opinion that they are not excepted. M.o the WRETAR OF TH VY To the SECRETARY OF THE NAVY. APPENDIX I. 343 [17.] PENSIONERS STRICKEN FROM THE ROLLS.-No authority in Secretary of War to restore to rolls pensioners who have been stricken off under acts of 1st May, 1820, and 18th May, 1818. OFFICE OF THE ATTORTNEY GENERAL, February 19, 821i. SIR: The act of the 1st of May, 1820, in addition to the pension law of the 1lth of March, 181S, makes it the duty of the Secretary of War to strike from the list of pensioners the name of every person who, according to the evidence of the schedule required by the act, ought not, in his opinion, to remain on it. I am asked whether he has any power to restore, on subsequent and different evidence the name of any person who may have been stricken off, on the evidence, of the schedule? To which I answer, that he has not; because the law, which is the only warrant of authority to him, gives him no such power. It it he desirable that he should possess it, Congress must confer it; or he cannot, with anD propriety, assume its exercise. To the SECRETARY OF WAR. V W. NAVY PENSION FUND.-I. As to the powvers and jurisdiction of commissioners of "( Navy Pension Fund. 2. Disability incurred in attempt to escape from captivity is service in line of dllty." OFFICE OF THE ATTORNEY GENERAL, April 17, 1821. SIR: The case stated by you, for my opinion, is as follows: " One of our seamen, captured by the Tripolitans in 1803, on board the frigate Philadelphia, after fifteen months' rigorous captivity, made an attempt, with five of his messmates, to recover liberty and rejoin the American squadron then outside the harbor of' Tripoli. The attempt proved abortive; he, and his cornpanions in his suffering, were retaken, brought back, and punished by bastinado in the most cruel manner, the effects of which were so severe as to render one of the party ever afterwards incapable of performing duty as a seamen. This disabled seamen now applies for a pension:"- and you request my opinionc " whether he be, under the circumstances of the case as stated, and by the act of Congress on the subject, entitled to relief from the navy pension fund?" The act of Congress of the 23d April, 1800, which creates this fund, provides, "that every seamen or marine, disbled ina the gibe of his ditty, shall be entitled to receive, foibr liie, or during his disability, a pension fi'om the United States, according to the natnre and degree of his disability, not exceeding one-half of his monthly pay." By the same act, the navy pension fund is constituted "forever a fund, for the payment of pensions and half pay, should the same be hereafter granted to the officers and seamen who may 344 APPENDIX I. be entitled to receive the same; and if the fund shall be insuffi cient for the purpose, the public faith is hereby pledged to make up the deficiency; but if it should be more than sufficient, the surplus shall be applied to the making of further provision for the confort of the disabled officers, seamen, and marines, andfor such as, though not disabled, may merit by their bravery, or long and faithfaul services, the gratitude of their country. The navy fund, thus devoted to these broad and liberal purposes, was, by the same act, placed " under the management and direction of' the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, for the time being;" who were thereby authorized to receive the moneys appropriated to that fund, "and to employ and invest the same, and the interest arising therefrom, in any manner which a majority of them may deem most advantageous." By a subsequent act (that of the 26th March, 1804) it was provided, "that the commissioners of the navy pension fund be, and are hereby, authorized and directed to make such regulations as may to them appear expedient, for the admission of persons on the roll of navy pensioners, and for the payment of the pensions." The authority thus given to the commissioners has not, so far as I can discover, been taken away or abridged by any subsequent act. The question, therefore, whether the seamen, in this case, be entitled to the pension which he asks, belongs exclusively to them. Subject to this paramount authority, I have no hesitation in expressing the opinion, that the case of the seaman now under consideration is not only within the spirit and reason of the act of the 23d April, 1800, but, by a fair and liberal construction, within its letter too. He was, I think, as much within the line of his duty when the disability occurred, as if' he had been disabled in the original capture of the Philadelphia, or in a recent attempt, immediately thereafter, to escape from captivity and return to his duty. A different construction would, I think, be too narrow; would be inconsistent with the policy, as well as the liberality of the provisions; and wholly incompatible with the more expanded purposes to which this fund is expressly devoted. I have the honor to be, sir, very respectfully, your obedident servant. To the SECRETARY OF THE NAVY. W'lM. WIRT. [19.1 NAVAL INVALIDS.-The mere certificate of navy surgeon not sufficient under the act of 3d March, 1819: Affidavit required. OFFICE OF TIlE ATTORNEY GENERAL, January 17, 1822. SIR: The act of Congress of the 3d March, 1819, "regulating the payments to invalid pensioners," requires " the acffidavits of two APPENDIX I. 345 surgeons or physicians, whose credibility as such shall be certified by the magistrate before whom the affidavit is made, stating the continuance of the disability," &c. I am of the opinion that it would be irregular in your department to accept the mere certificate even of a navy surgeon, in lieu of the affidavit so expressly required by the law; and although the circumstance of their being snrgeons in the navy might seem to dispense with the necessity of a certificate of their credibility, yet, as the law has also expressly required that, and as the surgeons will have to go before a magistrate to make their affidavit, there will be but little additional trouble in satisfying the requisition of the law in both particulars; which had therefore better be done. To the SECRETARY OF THE NAVY. WM. WIRT. [ 20.] COL. JOHNSON'S PENSIOr. —Invalid pensions, in all cases, to commence from the time of completing the testimony, according to act 15th May, 1820. ATTORNEY GENERAL'S OFFICE, UJT2J 2, 1822. SIR: On the subject of Colonel Johnson's pension, I cannot see how it can be withdrawn from the sweeping provision of the second section of the act of 15th May, 18'20, which directs that all pensions in virtue of any law of the United States shall be considered to commence at the time of completing the testimony. This provision is so direct, and so universal, that the ground on which your doubts are founded is not discerned; and I should be glad to confer with you on the subject before you act on this opinion. WM. WIRT. ATTORNEY GENERAL'S OFFICE, Jhly 19, 1822. SIR: I now understand that the doubt with regard to Colonel Richard M. Johnson's claim of pension relates to the time of its commencement. The second section of the act of 15th May, 1820, declares "that the right any person now has, or may hereafter acquire, to receive a pension in virtue of any law of the United States, be considered to commence at the time of completing his testimony, pursuant to the act hereby revived and continued in force." The affidavits which prove Colonel Johnson's title to a pension were taken before Job Stevenson, a justice of the peace of Scott county, in the State of Kentucky, on the 1st day of August, 1816; but it was not until the 5th of November, 1820, that the certificate of the clerk of Scott county that Job Stevenson was a magistrate, was obtained and annexed to those affidavits. The question is-When was this evidence complete: on the 1st of August, 1816, when the affidavits were taken; or on the 5th of November, 1820, when the certificate of' the clerk was added? In the short personal conference which we had on this subject, 346 APPENDIX Io the predisposition, which it is almost impossible to avoid feeling in favor of so meritorious a claim, led m.e to take the earlier date in favor of the claimant; but, on reflection, I must recede from this opinion, and abide by those old and plain rules with which we are all faimiliar, and from which it is always unsafe to depart. The word comrplete is a strong one; nothing is complete while any thing of form or substance is wanting. Testimony is never complete until it comes in such a shape that its admissabilty is unquestionable. If it be inadmissable in the form in which it is presented,-if it want any thing of authentication to render it admissable,- it is incomplete; and never is it complete until every objection to its reception is removed. Would Colonel Johnson's evidence have been received at the department, without the certificate of the clerk that Job Stevenson was a justice of the peace of Scott county? If it would not, it is not complete; and such I understand is the fact, according to the rules of evidence in these cases adopted by the department. I also understand that, according to these rules, this certificate of the clerk removed all objection to the testimony; hence, I am constrained to conclude that the testimony was not complete until this certificate was procured-to wit, 5th November, 1820. My regret, however, is diminished by the consideration that there can be no moral doubt that Congress would, on application, carry back the pensions to the time of the wsounds; which will be better for the petitioner than to assume the earliest date which these laws could, by any possible construction, permit. To the SECRETARY OF WAR, WM. WI.1T. L21.] THE REVOLUTIONARY WxAR.-The war of the revolution did not terminate until April, 1783, upon the ratification of the treaty of peace, which determines revolutionary pensions and prize questions thereon depending. OFFICE OF THE ATTORNEY GENERAL, February 12, 1825. SIR: By the act of the 18th March, 1818, it is declared that every commissioned officer, private, &c., who served in the war of the Revolution until the end thereof, or for the term of nine months or longer, at any period of the war, shall receive a pension during life. The question which you propound for my opinion is, when the war of the Revolution terminated within the contemplation of this act-" whether at the period of the actual cessation of hostilities in November, 1782, when the preliminaries of peace were agreed on; or whether at the period of the ratifisation of the treaty of peace, in April, 1783?" I apprehend that there must be an error in the statement of the first question: that is, in assuming the date of the prelimin.ary articles as the period of the actual cessation of hostilities. Those articles themselves, in their title, provide that the treaty, into which they are to be introduced, is not to take effect until APPENDIX I. 347 terms of peace shall he. agreed on between Great Britain and France, and his Britannic Majesty shall be ready to conclutde such treaty accordingly. The 7th provisional article stipulates "that there shall be a firm and perpetual peace between his 3Britannic Majesty and the States, and between the subjects of the one and the citizens of the other; wherefore all hostilities, both by sea and land, shall then immediately cease." When? When the terms of a peace shall be agreed on between Great Britain and France, and his Britannic Majesty shall be ready to conclude such treaty accordingly. On the 20th of January, 1783, the preliminary articles of peace between France and Great Britain were signed; by the 1st article of which it is provided, that as soon as the preliminaries are signed and ratified, sincere friendship shall be re-established between his Most Christian Majesty and his Britannic Mlajesty, their kingdoms, &c. The 2d article provides what prizes taken in what parts of the world, respectively, within given times after the exchange of ratifications, shall be restored. On the same day (20th January, 1783) an armistice declaring a cessation of hostilities between the United States and Great Britain, was sighed at Versailles. There had been no cessation thereof previously; and this instrument places the cessation onr the same footing as the preliminary articles between Great Britain and France: that is to say, provides that the United States shall be included in the stipulation between the two Crowns and Great Britain and Spain; and "that they shall enjoy the benefit of the cessation of hostilities at the same epoch and in the same manner." Again: the articles signed on the 30th November do not, upon their face, import present peace-they are provisional merely, preparatory to a peiece. These articles, too, were yet to be submitted to Congress for ratificaction; and they were not ratified until April, 1783. Upon the whole, I am of the opinion that war existed until the treaty of peace was ratified; or, in other words, that the war of the revolution did not terminate till April, 1783. I remain, sir, very respectfully, your obedient servant. To the SECRETARY OF WAR. WM5. WIRT. [22.1 NAVY AND PRIVATEER PENSIONS TO WIDOWS AND ORPHANS.-I. The widows and orphans of officers of the navy and of marines, also the widows and children of seamen and marines, who, between the 18th June, 1812, and 22d January, 1825, perished on board of a public armed vessel of the United States, or who were lost on board of prize vessels to which they had been transferred, or were drowned by the upsetting of a boat dispatched on duty fiom a public armed vessel, are entitled to pension according to the acts referred to, to be paid out of the navy pension fund. 2. The same opinion as to the claims of widows and orphans of officers and seamen, who, between the same periods, perished on board of private armed vessels of the United States, or who were lost on board of prize vessels to which thty had been transferred, or were drowned by the upsetting of a boat despatched on duty from. a private armed vessel, to be paid out of the privateer pension fund. 348 APPENDIX I. OFFICE OF THE ATTORNEY GENERAL, tMarch 31, 1825. SIR: The questions which you propound for my opinion on the subject of pensions are these: 1st. When a public or private armed vessel has foundered, or been lost at sea, since the 18th day of June, 1812, and previously to the passage of the act of the 22d January last, (as were the Wasp, Epervier, Lynx, and others,) are the widows and children of those who perished on board entitled to pensions? 2d. In the case of prize-vessels having foundered or been lost at sea, during the above period, having crews transferred from a public or private armed vessel, are the widows and children of those lost in the prize-vessels entitled to pensions? 3d. If a boat had been dispatched, within the above period, on any duty, from a public or private armed vessel, and had been upset, and those on board drowned, would the widows and children of those so lost be entitled to pensions? I will consider these questionsI. With regard to public armed vessels; II. With regard to private armed vessels. I. With regard to public armed vessels.-The act of the 20th January, 1813, "providing navy pensions in certain cases," enacts,; that if any officer of the navy or marines shall be killed or die, by reason of a wound received in the line of his duty, leaving a widow, or if no widow, a child or children, under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay, &c. I have given the punctuation of this act as it stands printed in the 4th volume of the Laws of the United States, page 486; according to which punctuation, the construction of the law would seem to be, that, if any officer of the navy or marines should, 1st, be killed by reason of a wound received in the line of his duty, or, 2d, die by reason of a wound received in the line of his duty, his widow and children should have the provision made by the act. According to this construction, the only difference between the two cases consists in the officer's being killed immediately, upon the spot, or dying some time afterwards, in consequence of the wound. But, in both cases, the death is to be produced by a wound;-by a wound received how? The act answers, in the line of his duty. Does this mean a wound in battle, and does it mean such wound only? The act does not say so, unless he can be considered in the line of his duty only while he is engaged in battle. But the line of his duty is much more extensive and diversified. It extends to all the operations of the ship, whether civil or military; and takes in the whole of her navigation during the entire cruise. The officer who is killed, or dies by reason of a wound received by the falling of a spar in a tempest, is as entirely within the description of being killed, or dying by reason of a wound received in the line of his duty, as the officer who is killed or dies by a wound in battle. But the punctuation is, in mny opinion, erroneous, and throws a false construction upon the APPENDIX L 349 act. It should, I think, be thus: " If any officer of the navy or marines shall be killed, or die by reason of a wound received, in the line of his duty,"' &c.-that is, if any officer shall, 1st, be killed in the line of his duty; or, 2d, die by reason of a wound received in the line of his duty —so as to embrace the case of all officers who are killed in the line of their duty, whether killed in battle or in storm, by wounds or drowning, or any other cause growing out of their duty, and inflicting death. Now, according to this construction, the widows and children of all officers who have perished by either of the causes set forth in the above three questions, would be entitled to the provisions prescribed by that act, because those questions do, one and all, put the case of persons killed in the line of their duty; unless it can be said, with truth, that a man who is drowned is not killed. If this act were to be considered in itself, and it were important, for the benefit of the widows and children of the officers of the navy, to insist upon this construction which I have indicated, I should have no hesitation in doing so; more especially when it is considered that the humane and liberal policy in which these acts originated justifies and demands a liberal interpretation of them. The next act upon the subject is that of the 4th March, 1814, " giving pensions to the widows and orphans of persons slain in the public and prirate armed vessels of the United States." The first section relates to private armed vessels, and embraces the case of officers, seamen, and marines, who shall die, or shall have died, since the 18th day of June, 1812. The second section, which alone relates to the navy, or public armed ships, is curiously constructed, and is in these words: "That if any seaman or marine belonging to the navy of the United States shzall die; or, if any offcer, seaman, or marine, shall have died since the 18th day of June, 1812, by reason o'f a wound received in the line of his duty, leaving a widow," Ac. So that this act makes no provision for the case of officers who should be slain thereafter: the whole provision for the fuiture being confined to the case of seamen and marines; while, with regard to the past, (back to the 18th day of June, 1812,) it provides for the case of officers, seamen, and marines, who had been slain in the public vessels of the United States, (according to the language of the title,) or who had died by reason of wounds received in the line of their duty. With regard to seamen and marines, this is the first act which provides for their widows and children; and the provision is clearly confined to the widows and children of such as had been, or should be, slain in the public armed vessels of the United States; or, according to the language of the enactment, such as had died, or should die, by reuson of wounds received in the line of their duty;-language too precisely fixed by usage to embrace the cases put in the questions, of persons who had been drowned. By this law, therefore, no provision is made for the widows and children of seamen or marines who had been, or should be, drowned in the line of their duty. With regard to officers, I do not consider this act as altering their con 350 APPENDIX T. dition under the act of the 20th January, 1813, except so far as it looks back before that act, up to the lSth June, 1812. For the act of the 20th January, 1813, was entirely prospective, and consequently made no provision for the case of officers whbo had been killed theretofore since the day of the declaration of war, (the 18th June, 1812.) This omission is supplied by the act of the 4th 1March, 1814, so far as relates to officers who had died in that interval of wounds received in the line of their duty, but does not embrace the case of those who had been drozoned in that interval. But after the 20th January, 1813, the act of that date took effect in behalf of the widows and children of officers who had either been killed in the line of their duty, or had died of Wounds received in the line of their duty. This act is not repealed by the act of the 4th March, 1814, either expressly or impliedly; fobr there is no express repeal, and no incompatibility between the provisions of the two acts-the act of the 4th lMarch, 1814, only repealing one of the provisions of the act of the 20th January, 1813, leaving the other cases provided for by that act untouched; and the act of the 4th March, 1814, dealing only with the past eases of officers, and m.aking no provision for afuture cases, but leaving the future to stand solely upon the, provisions of the act of the 20th January, 1813. But whatever doubt may have existed as to the construction of the antecedent acts, seems to have been removed by the act of the 3d March, 1817, passed for the express purpose of amending and explaining the act of the 4t1h JMarch, 1814, as its title declares; and produced, no doubt, by the case of the Epervier,-the recent knowledge of whose loss ha-d awvakened a strong feeling of sympathy in the community, as is evinced by the act of the same date, for the temporary relief of the Nwidows and children of those -who had been lost in that vessel. The eact now under consider ation provides that if any officer, seaman,1 or marine, belonging to the navy of the United States, shall dcle, or shall have died, since the l8tJ dfy of aune, 1812, in conseu-enRlce of disease contracted, or of casuclties or irjures received, while in the line (f his duty, and which shall be satisfactorily proved to the commissioners of the navy pension fund, leaving a widow, & c. The cases put in the three question.;s appear to me to be clearly.ni completely covered. by this law, so far as officers, seamen, or marin es, belonging to the navy of' the United States, are concerned; for those are all cases of persons who had died whiile in the line of their dati,/, and Nwho had died in, corsequence of casualty which had occurred while in the line of their dctly. If any doubt could fairly arise as to the intention of the Legislature in the use of language so broad and general as this, it rwould seen to be removed by subsequent laws, where a different phraseology is adopted to express the understanding- of Congress as to the effect of this latw, and to continue this e-feect. Thus the act of the 3d iacahre, 1819, is entitled "An act extend APPENDIX I 351 ing the terrm of half pensions to the widows and children of cerrain officers, seamen, and marines, who died in the public service." And the 1st section provides, that "'in all cases where provision has been made by law for five years' half pay to the widows and children of officers who were killed in battle, or died of wounds received in battle,or who had died in the naval service of the United States during thie late war, the said provisions shall be continued," &c. So, also, the act of the 22d January, 1824, is entitled "An act further extending the term of half pay pensions to the widows and children of' officers, seamen, and marines, who died in the pub7ic service." And the 1st section provides, " that in all cases where provision has been mrade by law for five years' half pay to the widows and children of officers, seamen, and, marines who were killed in battie, or who died in the naval service of the United tates clduring the late war," 4c. This general language-"6who died in the public service" and " who died in the naval service of the United States"-more especially when taken in connexion with the other classifications contained in the act of the 3d March, 1819, can have no application to any antecedent act, except the 3d March, 1817, and may well be considered as a legislative exposition of that act: in which light it seems to me to place beyond controversy death from any species of casualty occurring in the line of their duty; and thus to present an a-firmative answer to all three questions submitted for my opinion. These questions are confined to the period between the 16th June, 1812, and the 22d January, 1824, the date of the last mentioned act; which whole period is filled up by the operation of the act of 3d March, 1817': that act operating retrospectively as well as prospectively. And although it is repealed by the 2d section of the act of 22d January, 1824, yet there is a saving of all pension s granted, and all rights which had accrued under it. Let us now consider these questions. I.o With regard to private armed vessels. The act of the 26th June, 1812, "concerning letters of' marque and prize goods," sets apart (by the 17th section) two per cent. on the net amount of prize money made by privateers "as s a fund for the support and umaintenance of the widows and orphans of such persors as may be vonuded and disabled on board of the private armed vessels of the United States in any enragefneent wzth the cnemry, to be assignerd and distributed in such manner as shall hereafter by law be provided." The next act wNhich takes up the subject of such widows and children is that of the 4th iarebh, 1814, entitled " An act giving pensions to the widows and orphans of persons slain in the public and p;iivate armed vessels of the United States." The Ist section. of which act is confined to the cases of officers, se ametn, and marines, serving on board any private armed vessel 352' APPENDIX I. bearing a commission of letter of marque, who " shall die, or shall have died, since the 18th day of June, 1812, by reason of a wound received in the line of his duty;" terms too precise and narrow, as already remarked, to cover the cases presented in the questions under consideration. Then comes the act of the 3d March, 1817, which is entitled "An act to amend and explain an act giving pensions to the orphans and widows of persons in the public or private armed vessels of the United States;" but the provisions of which are confined to " the officers, seamen, ancd marines, belonging to the navy of the United States." Congress, apparently aware that this language did not, strictly speaking, reach the case of private armed vessels, passed another act, in the following session (16th April, 1818,) entitled "An act in addition to an act giving pensions to the orphans and widows of persons slain in the public and private armed vessels of the United States." By the 2d section of this law, it is enacted, "' that if any officer, seaman, or marine, shall have died since the 18th day of June, 1812, in consequence of an accident or casualty which occurred while in the line of his duty on board any private armed vessel, leaving a widow," &c. It is by this law that the several questions submitted to me are to be answered, so far as concerns private armed vessels. The case put by the first question is that of a private armed vessel foundered or lost at sea. And in this case it would seem to me that the officers, seamen, and marines who are lost in her, are clearly within every description of the act; for they are persons who have died in consequetnce of an accident or casualty which occurred while in the line of their duty on board a private armed vessel. The case put by the second question is that of a prize-vessel ordered in for adjudication, but foundered or lost on her voyage in, with the prize-crew on board of her; and The case put by the third question is that of a boat of a private armed vessel ordered on duty, but upset and lost, with the hands on board of her. There can be no doubt that, in both these cases, the officers, seamen, and marines on board have died in consequence of a casualty or accident which occurred while in the line of their duty; the only doubt which, I presume, can possibly occur in either of these cases, must arise from the expression of the law-" on board a.private armed vessel." But, to construe the law in the narrow way implied by this doubt, would be to sacrifice its spirit to a very narrow interpretation of its letter, and to give it an operation extremely partial and unjust to those who were equally the objects of legislative favor. According to this construction, if a mast should fall and kill one man on the deck of the privateer, and, by breaking over the gunwale of the vessel, kill two others in her boat alongside of her, the wife and children of the first would be within the benefit of the law; while those of the last APPENDIX I. 3 5 3'would not, though they were all equally in the line of their duty, and were killed by the same accident. It Cannot possibly have been the intention of the law to create a difference so flagrantly unjust and revolting. If it was the policy of the law tdo stimulate seamen to the fearless encounter of all the perils attendant on that line of life, the same reason existed as strongly to apply the stimulus to those in either of the predicaments described by the questions, as to those who should remain on the deck of the privateer; since, I presume, there can be no doubt that the crew sent home in charge of a prize-ship, and the men sent to do duty in all xweathers and all'situations, in the boats of the privateer, are as much exposed to casualties and accidents, whether of war or of the seas, as those who remain with the privateer. But the hypothetic opinion which I am opposing -is not warranted even by the language of the law, but is founded on a' misapprehension of it. That language is not 6if any officer, &c., shall have died on board anyprivate armed vessel," ~,c.; nor is it "if any officer, &c., shall have died in consequence of any casualty or accident which occurred while on board any privrate armed vessel," &c. Had this been the language, there would have been some color for supposing that the person must die on board the privateer, or in consequence of some accident happening to' him while he was personally on board of her, in,rder to entitle his wife and children to the provisions of the act. But the language is, " if any Officer, &c., shall have died in consequence of an accident or casualty which occurred while in the line of his duty on board a private armed' vessel;" so that.the board of a private armed vessel is referred to for the purpose of giving the measure of the line of his duty. Now, the duty of every man on board a private armed vessel is to obey the orders of his commanding officer; it is his duty on board of such vessel to follow out those orders to whatsoever distance they may carry him from such vessel; and to whatsoever distance he may be carried in the execution of such orders, he is still in the line of his dutty on board of the privateer-in the line of his duty as an offcer, seaman, or marine on board of such vessel; that is, attached to such vessel-belonging to such vessel; which is the whole meaning of the law. rhe British prize acts use the same form of expression:."Be it enacted by the King's most excellent Majesty, &c., that the flagofficers, commanders, and other officers, seamen, marines, and soldiers, on board every ship and vessel of war in his MIajesty's navy, shall have the sole interest and pro erty of and in all and every ship, vessel, goods, and merchandise which they have taken, 4c., or shall hereafter take, during the continuance of hostilities,' &c. Now, according to the strict literal construction of these words, none would have a right to participate in these prizes but those who were on board of the capturing vessel at the time of the capture. But what has been the judicial exposition of these acts? It has been decided that, not only those on board the capturing 30 354 APPENDIX iL vessel, but those on board another vessel of war, which was in sight at the commencement of the chase, though perhaps not so at the time of capture, are entitled to share in the prize; even vessels oait of sight have, in various cases, been admitted to such participation. So those who were not on board the capturing vessel, but were in her tenders and boats, at the time of the capture; and those also who were at a distance, escorting a former prize into port, are still permitted to share in all prizes made by such ship-of-war, as those on board the ship share in all prizes made by her boats, and made by prize-ships in transitu to the port of adjudication. Upon the whole, I have no difficulty in answering the three questions propounded to me in the affirmative, in relation both to the public and private armed vessels of the United States. I have the honor to remain, sir, very respectfully, your obedient servant, To the SECRETARY OF THIE NAvy. WM. WIRT. [23.] PRIVATEER PENsINs. —The widow of an officer, or seamen, &c., serving on board of a private armed vessel, who shall have died of wounds received inl the line of his duty, shall be entitled to a pension for the term of five years, at the rate of half the monthly pay to which the rank of the deceased entitled him to; and if such widow should not have claimed or received such pension for the term of the first five years, or for any numo ber of continuations of such periods of five years, she shall be entitled to receive the arrearages for each term of five years, only to cease at her death or intermarriage, but to enure to herself and husband after her intermarriage, or to her legal representatives after her death OFFICE OF THE ATTORNEY GENERAL, June 9, 1825. SIR: The case and question submitted for my opinion are the following: "During the late war a person lost his life on board a private armted vessel, wtile acting in the line of his duty, leaving a widow, and children under the age of sixteen years. By the acts of Congress on the subject of pensions, the widow was entitled to a monthly allowance from the privateer pension fund. She omitted, however, preferring any claim for several years; but now, having intermarried, she has applied for the pension on behalf of the children, some of whom are yet under the age of sixteen years, and also for the portion of pension to which she was entitled during her widowhood. "Q'uestion.- Is the applicant, having ceased to be the widowV legally entitled to receive a pension for the interval between the death of her former husband and her second marriage?" Answer.-The provision of the law is, "that if any officer, seaman, &e., serving on board of any private armed vessel, &e., shall have died by reason of a wound received in the line of his duty, leaving a widow, &c., such widow shall be placed on the pension list by the Secretary of the Navy, who shall allow to such widow half the monthly pension to which the rank of the de APPENDIX I. 355 -ceased would have entitled him, &c.; which allowance shall continue for the term of five years: but in case of the death or intermarriage of such widow before the expiration of the term of five years, the half pay for the remainder of the term shall go to the child or children of the deceased." Here is a certain right which the law says shall accrue to the widow on the happening of a certain event-that of her husband having died by reason of a wound received in the line of his duty on board of a private armed vessel. The law does not require either that an application should be made by her, or that anything else should be done in order to consumate her right. It is eonsumated by the mere fact of the death of her husband under the circumstances already mentioned. It is a vested right to so much money per annum, for five years, subject, however, to be discontinued and defeated by her death or marriage at any time within that term, but a vested and perfect right during the time that she continues to live the widow of her deceased husband; and not defeated by her subsequent intermarriage, except from the time at which such intermarriage takes place. Such I understand to have been the uniform practice under this act, ever since its adoption; and I confess that I see no reason for changing the practice. There would have been more doubt under the act of I3sth lipril, 1818, providing " that in every case where a person has been pTt on the pension list, or granted a certifcate of pension," under the former act, the Secretary of the Navy is authorized to allow the full montthlypension, instead of the half, for five years more, counting from the end of the former term; and under the act of the 9th April, 1824, providing "tfhat the pensions of all persons who noto are in the receipt thereof," under the provisions of the former laws, shall be continuedifor fivec years more, notwithstanding the explanation given to the latter act ry the act of the 26th TMay, of the same year. But I understand that if a widow, whose rights commenced under the act of 1814, now,for the first time, makes an application for her pension, under all the past acts, no difficulty' arises to her now receiving all that those acts give her, provided that she still remains the widow of the deceased. I understand, also, that even where she has since intermarried before she has made any application, or has died before she has made any application, the uniform practice of the department has been not to consider the application too late for all that was due at the time of her intermarriage or deatth; the department having, heretoibre, considered that as having- been done which ought to have been done. It is a liberal exposition of these acts, in advancement of the public policy on which they are founded, anti I see no sufficient cause to disturb it, by recommending a change. And, indeed, I cannot conceive with what consistency a widow can be perm itted now to draw a pension from the year 1812 to the present moment, provided theat she still remains the widow; but that half an hour hence, in Thich time the ceremony of her second marriage has been 35 6 APPENDIX Io performed, she forfeits all that right. The law annexes no such forfeiture to her second marriage; it only stops the pension from the tirme of her second marriage. If the objection be, that the pension is designed for her present support; and that the necessity for this support is supposed to exist only for the period during her widowhood; —the answer is, that it is only for the period during her widowhood that the demand is made; and inasmuch as the lawM supposes the necessity to subsist so long as the waidowhood subsists, and attaches no other effect to the second nars riage than to terminate that necessity, prospectively, from that period, it seems to me to pass the sphere of mere construction to give to this second marriage a retrospective effect, and to make' it extinguish, ex post facto, the past necessity. If the non-claim during the Nwidowhood is interpreted as admitting that, there was no necessity for the pension during those long past years which the pension was required to supply, and thus take her case out of the law too. But this necessity is assumed as one of the requisites for the application of the law. The right of pension does not at all depend on that necessity. It is given to the widows and children of officers and men, of rich and poor, without regard to their circumstances. It is in the nature of an absolute engagement or promise made to those officers and men, that if they fall in the service of their country, so much shall be paid to their wives and children, without inquiry into the fact whether they stand in need of it or not. Nor is there any condition annexed to the promise that the money shall be paid, if apo plied for in a gtiven time, or in a given state of things. It is bot~ tomed only on the single condition that the husband and father shall die in the service of his country; on the happening of which condition, the public engagement becomes a debt, which is as much property, and the property of the widow and children, as any bonds which the deceased may have left to them By his will. I am of opinion that the practice is right, and ought not to be disturbed; and have the honor to remain, very respectfully, your obedient servant, To the SECRETARY OF THE NAVY. WI. WIRT. [ 24. ] MILITARY PENSIONS. —Act of 2d March, 1821, has not repealed act of 1815: A virtual or implicative repeal is only permitted where there is some repugnance between the last act and the former. ATTOtRNPEY GENERAL'S OFFICE, iov. 17, 1S28. SI': In answer to your inquiry of the 13th instant, I have the honor to state, as my opinion, that the act of the 2d March, 1 821, to reduce and fix the military peace establishment of the United States, has not 1repealed or changed in any manner the claims for pensions given by the analogous act of 1 815 ald the acts to xwThich it refers. There is no positive repeal of these provisions in the APPENDIX I. 35l act of 1821; and a virtual or implicative repeal is only permitted where there is some repugnance between the last act and the former. None such exists in- this case. If, therefore, the words of the 1 lth'section of the act of 1821 were not broad enough to continue the claim to pensions, I should consider them as supported by the antecedent unrepealed laws: being satisfied that Congress had no intention, by the act of 1821, to alter the existing military system, farther than to reduce the establishment, and to make the positive changes which they have made by the act of 1821. I am of the opinion, therefore, that the 11th section of the act of 1821 must be liberally construm d, as recognizing all the objects more especially provided for by the 7th section of the act of 1815, and, among these objects, the claim to pensions. To the SECRETARY OF WARx. W/. WIRT. [25.] INCREASE OF MILITARY PENSION.-Increase of pension as arrear to make up a deficiency alleged of a former allowance, cannot be granted except by application to Congress. OFFICE OF THIE ATTORNEY GENERAL, December 17, 1829. SIA: Your communication on the subject of Thoumas Fitzgerald, a pensioner, is before be. You state, substantially, that Thomas Fitzgerald having been wounded after the passage of the act of the 29th January, 1813, which authorizes the allowance of pensions graduated according to the rate of disability, and having exhibited to the then Secretary of War a surgeon's certificate of his total disability, was, nevertheless, placed on the pension list in 1815, at half the allowance granted for a total disability; that the full allowance for such disability was accorded to him in 1821; and that he now claims from you the difference between the allowance for a total and partial disability from 1815 to 1821. In answer to your inquiries I have to state that, not having before me the evidence on which the Secretary of War acted in placing Thomas Fiizgerald on the pension list originally, I cannot form an opinion whether he was or w\ras not then entitled to the allowance provided for a total disability; but I deemrn it the less important to make. this inquiry, being of opinion that the error committed by your predecessor (if any error was in fact committed) can only be remedied by an application to Congress. JN. MACPH[ERSON BERRIEEN. To the SECRETARY OF WAR. [26.] ARREARS OF REVOLUTIONARY PENSIoNs.-Arrears due to a revolutionary pensioner on the pension roll are payable out of the general appropriation for "revolutionary pensioners." ATTORNEY GENERAL S OFFICE, June 2, 1830. SIR: I have, in conformity to the instructions of the President, examined the case of Joseph Shaw, and find that he was placed 358 APPENDIX I. on the revolutionary pension list on the 1 lth day of October, 1827; and that, by an act approved on the 28th May, 1830, you are directed to cause him to be paid at the rate of eight dollars per month, from the 10th April, 1818, to the day of the date on which his pension was allowed to commence, under the regulations of the Department of War; but that this act contains no special appropriation of money to meet its requisitions. The question which this state of facts presents is, whether this amount of arrearages is payable out of the general appropriation for revolutionary pensions for the current year? and I am of opinion that it is so payable. The sum appropriated is generally for " revolutionary pensioners," of which class Joseph Shaw is one. No transfer of appropriation is therefore required. It is true that this appropriation, having been made on an estimate in which the arrearages of Joseph Shaw were not included, may be inadequate to meet all the claims for which it was intended to provide; but, if, this should happen, it Iwill result from the omission of Congress to provide specially for the additional charge which they have thus imposed on this particular fund, and the deficiency must be supplied hereafter. In, the mean time, it is scarcely probable that such deficiency will occur before Congress will have time to provide for it. JN. MACPHERSON BERRIEN. To the SECRETARY OF WAR. [27.1 I NAVY AND PRIVATEER PENSIONS.-The opinion expressed, [22], ante, in favor of the pension claims of widows and orphans of officers of the navy and of officers of marines, and also of widows and orphans of seamen and marines, is modified by the following opinion, so as to embrace, 1st, widows and orphans of officers, seamen, and marines, who, since the 18th June, 1812, had been killed in battle:- 2d, widows and orphans of officers, seamen, and marines, who, since the same period, had died by reason of wounds received in the line of their duty: 3d, widows and orphans of officers, seamen, and marines, who, since the same period, had died in consequence of desease contracted, or of casualties or injuries received while in the line of their duty. OFFICE OF THE ATTORNEY GENERAL, September 6, 1830. SiR: I have received your letter of this date, and proceed to answer your inquiry. The act of 1813 provides'that a pension shall be allowed to the widow, and, if there be no widow, to the child or children (being under sixteen years of age) of any officer of the navy or marines, who shall be Atilled, or die by reason of a wound received in the line of his duty. This act, it will be observed, is confined to the widows and children of officers; and simply requires that the death, or wound from which death has ensued, shall have been received by such officer " in the line of his duty." The act of 1814 extends the provision prospectively to the widows and children of " seamen" and "marines;" and then, ineluding officers, provides retroactively for all deaths which may APPENDIX I. 359 have occurred since the 18th June, 1812, the date of the declaration of war against Great Britain; rusing the same words to describe the nature of the death which shall entitle to pensionthat is to say, that it shall have been occasioned by a wound received' in the' line of duty-as are used in the act of 1813; and, like that act, not requiring that the death shall occur prospectively, within any specified time. It is the purpose of the act of 1817, which is amendatory of the preceding act, to give to this provision a still greater extension; and, accordingly, in relation to the same class of persons, provides for deaths which shall occur, or shall have occurred since the 18th June, 1812, "in consequence of'desease contracted,' or of'casualties,' or'injuries received,' while in the line of duty."' The former acts provided only for cases of death in consequence of wounds; while this extends the provision to eases where death has ensued from "desease contracted," or " casualties or injuries received." In neither of the acts is there any prospective limitation of the time whena the death must occur to entitle the widow or children to the benefit of the pension. These three acts, it will have been seen, provide, permanently, for the allowance of a pension to the widow, or child or chidren under sixteen years of age, (if there be no widow,) of every officer, seamen, or marine, of the navy of the United States, who has died since the 18th June, 1812, or who shall die after the date of the acts, in consequence of wounds, deseases, casulaties, or injuries, received or incurred in the line of his duty; that is, as I understand it, who shall come, or who shall have come to his death, since the prescribed period, in whatever manner, and either presently or remotely, in the discharge of his duty. Prospectively, the provision is unlimited. Retrospectively, it is restrained to the 18th June, 1812. These are the several acts which relate to the original grant of pensions. Those which follow provide for the renewal of them. We are now prepared to examine the act of 1819, to which your inquiry relates, and concerning which you ask, in substance — Whether, to entitle a widow, or child, to the renewal of a pension under that act, it is necessary that the officer, seaman, or marine, through whom it is claimed, should have been wounded during the war, and should also have died during the war? The act under consideration provides, " that in all cases where provision has been made by law for five years' half pay to the widows and children of officers, seamen, and marines, who were killed in battle, or died of wounds received in battle, or who died in the naval service of the United States, during the late war, the said provision shall be continued," &c. If I were required to interpret this act strictly, with a view to narrow, as much as its terms would permit, the bounty which it provides;-if I were obliged (overlooking what I conceive to be the spirit and intention of the act, to found my answer on its 360 APPENDIX I. letter) and to construe that most strongly against the grantee,-I should perhaps be constrained to acquiesce in the opinion given by my predecessor to yours, on the 22d July, 1828, which is before you. But, after a very careful and anxious consideration of the subject, I cannot divest myself of the conviction that such was not the intention of Congress, and that the words of the act are fairly susceptible of a different interpretation. I do not propose to trouble you with an elaborate argument on this question, but will content myself with such an expositioni of my views as may suffice to render them intelligible. In framing the act of 181 9, Congress had it in view to provide for an extension of the bounty which had been therefore granted to the widows or children of certain persons who had " died in the public service." This intention is expressed in the title of the act, which, although it cannot be used to extend the provisions of the enactihg clauses, ought not to be wholly disregarded in searching for the intention of the law makers. The mode resorted to, to carry this intention into effect, was by an enactment which should, in terms, extend the provisions of the former pension laws. Congress, in the act of 1819, have not enacted substantively that the widows, &c., of officers, &c., who were killed in battle, or who died of wounds received in battle, or who died in the naval service of the United States during the late war, shall receive five years' additional pension. But, referring to the former laws, they have declared that, where provision has been made by law for persons of that description, their pensions shall be renewed. To give effect, then, to the act of 1819, it is obviously necessary that there should be some pre-existing laws which make such provision as it specifies. If one construction of its terms shall be found to correspond with pre-existing laws, and and another not to do so;-if, according to one interpretation, the provision to which it refers has in fact been made by law, while another supposes a reference, to which no answering provision can be found to have been made by law-the former is, without doubt, to be adopted, in order to give effect to the act. With this idea in view, let us proceed in our examination. The persons to whom this bounty had been granted before 1819 were the widows or children1st. Of officers, seamen, or marines, who, since the 18th June, 1812, had been killed in battle. 2d. Of the same classes, who, since the same period, had died by reason of a wound received in the line of their' duty. 3d. Of the same classes, who, since the same period, had died in consequence of diseases contracted, or of casualties or illjuries received, while in the line of their duty. These provisions had been made by the several acts of 1813, 1814, and 1817; and it is observable, that the widows or children of these several classes of persons were entitled to the pensions provided for by the acts above referred to, without regard to the APPENDIX I. 361 time when the death occurred, except that it must have happened after the 18th June, 1812. These were the only acts which Congress can be supposed to have had in contemplation in framing the act of 1819; and the pensions which they granted were so granted, without reference to the fact whether the death had occurred in war or in peace. No such distinction was recognized by pre-existing laws. No act had made provisionfor five years' half pay to the widows and children of officers, seamen, and marines, who had been killed during the war, or "who had died during the war, of wounds received in battle, or who had died in the naval service of the United States during the war. It was not possible, in reading those acts, to affix such limitations to either of them. It was true, indeed, that the widows or children of persons killed during the war, or dying during the war, of wounds received in battle, or who had died in the naval service of the United States, during the war, had been placed on the pension list, and were in the receipt of the five years' half pay; but this was under the more general provisions of these acts, which were equally applicable to them and to others to those who had died in war, as well as to those who had died in peace; and they were not so placed on the pension list because these events had occurred during the war, but because they had occurred after the 18th June, 1812. If, then, it had been the intention of Congress, in the act of 1819, to limit the renewal of pensions to cases where the death had occurred during the war, it seems to me that they would have done this by a distinct and substantive enactment to that effectnot by a reference to the provisions of former laws; and for the obvious reason, that no act containing such restrictive provisions as this construction ascribes to the act of 1819 was to be found. I think, moreover, that the words of the act of 1819 are fairly susceptible of a different interpretation from that which excludes all persons except those who died during the war. These words are " where provision has been made by law for the widows," &c., "of officers," &c., "who were killed in battle, or died of wounds received in battle," or " who died in the naval service of the United States during the late war." These latter words ("during the late war") are words of limitation-of restriction. Now, I think it may be well questioned whether their operation ought not to be confined to the last member of the sentence-whether it was intended that they should do any thing more than to qualify the grant to the third class of persons enumerated, namely, those who had died in the naval service of the United States. Then the classification would stand thus: To the widows or children - 1. Of those who had been killed in battle. 2. Of those who had died of wounds received in battle. 3. Of those who had died in the naval service of the United States during the late war. In support of this suggestion, I would remark —lst. That it 362 APPENDIX I. was obviously unnecessary to apply this restriction to the first class. The wound and the death were cotemporaneous in such cases. 2d. That no sufficient motive can be assigned for an intention, on the part of Congress, to apply it to the second. They meant to provide for the widows and children of those who died of wounds received in fighting the battles of their country; and whether the death was instantaneous, or occured after an interval, if it could be certainly traced to the wound, the motive in either case would be the same. 3d. We may readily understand why the restriction was applied to the third class. That class includes deaths from every other cause, except wounds received in battle. To excite the crew of a national ship to deeds of heroism in time of war, Congress might be willing to allow a pension to the widow, &c., of a seaman who fell from the mast-head and was killed; and yet not think proper to extend the same bounty, in a case of similar casualty, occurring in time of peace. It would, then, be useless to apply these restrictive words to the first class. It-would be improper to extend them to the second; but a very sufficient motive is found for their application to the third. It is fair to presume that Congress was actuated by a corresponding intention. But let us suppose these words of restriction applicable to each of the three classes of cases specified, and not exclusively to the last;-the inquiry is, do they relate to the time of the death, or to the time when the cause occurred which occasioned it? Apply the inquirry to the second class, to which your question more particularly refers-to those who died of wounds received in battle-and consider them as restricting the cases of' that class to which the renewal should extend. In this case, they must be read in immediate connexion with the words which they are suppossed to limit. Put these restrictive words, then, in juxtaposition with the descriptive words which relate to that class, and you will have the following collocation: "'Who died [of wounds received in battle] during the late war?" Here is a sentence which consists of three members: the first, " who died," relates to the death, the primary motive to the allowance of the pension: the second specifies the cause of that death, in the words "of wounds received in battle;" the third defines the time of their being received-" during the late war." It may, perhaps, be said that these last words relate to the time of the deacth, and not to that of receiving' the wound; because the term "battle" supposes a state of war, and that a wound received in battle must have been received during the war. If this be conceded, I think it may be satisfactorily answered that sufficient effect may be given to the words "in battle," without ascribing to them this forced operation. A man may have received a wound during the late war which occasioned his death, and yet have furnished no meritorious claim to his widow or children to the allowance of a pension. His wound may have been received in a mutiny, from the hand of an assassin, or in private combat. To exclude such APPENDIX I. 363 cases, the expression " in battle" is used; and the effect is to confine it to wounds received in fighting the enemies of his countryo It is still open, then, to us to inquire what is the fair interpretation of this sentence? Do the restrictive words apply to the first or last member of it? to persons who died during the last war1, or to those who died-no matter when-of wounds received in battle during the last war? In fair grammatical construction, the last member of the sentence is the immediate antecedent, and the operation of the restrictive words cannot go beyond it. Test this by an example. If the opinion of the physicians who were consulted was correct, the late Major General Brown ultimately fell a victim to the wounds which he received on the Niagara frontier. Admitting this to be true, may it not be said of General Brown that he "died of wounds received in battle during the late war? " and would any one understand the speaker to intend thereby to assert that he "died during the late war?" I think not; and yet these are the identical words of the act to which that construction has been given. If we look to the intention of Congress-to the motive which would probably influence them in granting the renewal of a pension-this construction is confirmed. What conceivable difference can it make in the justice of the claim to a pension, whether the officer, &c.,'dies at the instant of receiving his wound, or languishes until the end of the war, and then breathes his last? What conceivable difference is there between the two cases, as relates to the wants of his widow and children? It is the:heroism which impels him to the conflict which you would reward in the person of his widow or children; and they are equally objects of your bounty in either case.. I think, then, that the widow or children of an officer, seamen, or marine, who has died since the late war, of a wound received in battle during the war, is or are entitled to a renewal of his, her, or their pension, under the act of 1819; and I found this opinion upon the following considerations: 1. That, unless this interpretation be given to that act, there are no such pre-existing laws as those to which its provisions could be made to refer. 2. That this interpretation is sanctioned by the rules of grammatical~ construction applicable to the sentence on which the question arises; and that such a sentence would be similarly understood in common parlance. 3. The interpretation thus deduced from the reference of the act of 1819 to pre-existing laws, and from the grammatical construction and familiar use of the sentence, is confirmed by a consideration of the motives which may reasonably be presumed to have influenced Congress in passing the act. JN. MACPHERSON BERRIEN. To the SECR TARY OF THE NAVY. 364 APPENDIX I. [ 28.] ARREAR COMMUTATION OF FULL PAY.-The commutation of five years' full pay, granted to officers under resolution of 22d March, 1783, in lieu of half pay for life, did not imply interest to accrue on arrears of the same claimed by heirs in any case, nor can it be allowed unless so expressly provided by act of Congress for their relief. ATTORNEY GENERAL'S OFFICE, October 2, 1830. SIR: I have examined the case presented by the memorial and accompanying documents of Mrs. Sarah Easton and Alrs. Dorothy Storer, which you have referred to me. In forming my opinion on this subject, I am not permitted to enter into a consideration of the meritorious character or equitable extent of the claimr presented by the memorialists to Congress, nor to allow that opinion to be influenced by the view which I may entertain of the distinguished services of the ancestor through whom this claim is deduced. My duty is limited to the inquiry: "What is the extent of the appropriation made by the act of the 29th May, 1830, in favor of the memorialists?" If the terms of the act, or the interpretation which may be given to it, should fall short of the benevolent intentions of Congress in this behalf, they will have the power to correct any error which may result from defect in the law, or misapprehension in its construction. The act under consideration directs the accounting officers of the treasury to pay to the memorialists "five years' full pay, being the commutation for half pay for life, due to their father in his lifetime." This commutation became conditionally due to Colonel Harrison, under a resolution of Congress of the 22d March, 1783. The question presented to me is, whether the act for the relief of the memorialists, in addition to five years' full pay, appropriates to them, also, interest on that amount from the time when Colonel Harrison might have entitled himself to receive it. I am constrained to say that I think its terms, whatever may have been the intent of those who framed it, do not warrant this construction. The act appropriates to the memorialists simply "five years' full pay," and explains that- this appropriation is a commutation for half pay for life due to Colonel Harrison in his lifetime; but it appropriates nothing more than five years' full pay, whichi, and whlaih alone, it declares shall be a commutation for such haef pay for lfe. Whether it is an equitable commutation-whether it is as beneficial an exchange of pay as Colonel Harrison might in his lifetime have obtained under the resolution of 1783-are considerations which cannot influence the accounrtin officers of the treasury, whose authority is derived only from the act of 1830. I have read the opinion of one of my predecessors in a similar claim in behalf of the representatives of Alexander Hamilton, and a letter from the chairman of the committee by whom the bill under consideration was reported, but find myself unable to acquiesce in their Views of the subject. In the case of Mrs. Hamilton, which is substantially like the present, the Attorney General relies upon the presumed intention APPENDIX I. 3 6 5 of Congress to place her upon a footing of equal advantage, in all respects, with the officers entitled to commutation urider the resolution of 1783. In that case, I am unable to collect any such intention from the words of the act; as in this they appropriated five years' full pay, and nothing more; and declared that that (the five years' full pay) was the commutation of Colonel Hamilton's half pay for life. The chairman of the committee puts the present claim on the ground that the United States were indebted to Colonel Harrison, in his lifetime, in a sum equal to five years full pay; that if he had then claimed this commutation, he would have received a certificate bearing interest; and that the memorialists are consequently entitled, on receiving a payment in- money, to have interest on its amount. It is to -be observed, however, that Congress reserved to themselves, by the resolution of 1783, an option to pay either in money, or in securities bearing interest; and were consequently at liberty to exercise this option when the applications for the commutation were made. In this case, no application was made during the lifetime of the party entitled. As soon as it, is made by his representatives, Congress direct the payment of the fill amount in money. It seems, therefore, to fall within the ordinary cases of claims against the Government, which, however undoubted, are not payable until demandedand then without interest, unless the claimant shall have paid interest; in which case, indeed, interest becomes strictly a portion of the principal of his claim. I confine myself, however, to the words of the act, which expressly appropriates five years' fall pay, and does not expressly appropriate any thing more. Beyond this I do not think that the accounting officers of the treasury are authorized to go. JNl. MACPHERSON BERRIEN. To the PRESIDENT OF THE UNITED STATES. [29.] BOUNTY LAND. —A soldier's title to land bounty, under the act of Ilth January, 1812, is not impaired by his employing a substitute. AT'rTORNEY GENERAL'S OFFICE, Nov. 4, 1831. Sir, In reply to your inquiry of this morning, I have the honor to state that, in my opinion, a soldier, who during the late war was enlisted to serve for the term of five years, and was honorably discharged before the expiration of his term of' service, in consequence of his having provided a substitute, (who, however, afterwards deserted,) is entitled to one hundred and sixty acres of land frona the United States, under the act of Congress of January 11, 1812. The United States, in accepting the substitute, receives what they regard as an equivale-nt for the services of the soldier; and I do not think that he is responsible for the future 366 APPENDIX tL conduct of the person thus agreed to be accepted. As soon as he is discharged from service, and obtains the certifieate that he has faithfully performed his duty whilst in service, he becomes entitled to the land; and no subsequent contingency can destroy his right. To the SECRETARY OF WAR. R. B. TANEY. [ 30.] INVALID PENSIONER. —His pension is suspended, only, for omission to give proof of continuance of disability every two years: He cannot be stricken from the pension roll on that accounts ATTORNEY GENERAL'S OFFICE, Dec. 9, 1831. SIr,: An invalid pensioner, who had proved his title to a pension, and been placed on the pension list as such, has omitted, for more than two years, to produce the proof of two surgeons, as required by the act of March 3, 1819. The question is, can he be lawfully dropped from the pensionroll on account of this omission? And must he offer again the proofs of his title to a pension, as if it were an original application, before it can be paid to him? I think the act of March 3, 1819, does nothing more than suspend the payment until the proof of the surgeons is produced. In order, however, to entitle him to the pension for the whole of the time past, the proof must apply to his condition as an invalid at the expiration of every two years, and show that at those periods his disibility continued. But, upon offering such proof from two surgeons, in the manner prescribed by the act of Congress, he is entitled to the payment of his pension, without again producing the evidence which was necessary in the first instence to entitle him to the pension. But a long omission to apply for payment and offer the proof, unless properly accounted for, may furnish grounds for suspicion, and would certainly justify a more rigorous examination into the claims of the applicant. To the SECRETARY OF TAR. R. B. TANEY. [31.] PENSION CLAIM OF GENERAL McNEIL.-This and other similar claims of civil officers to be placed on the pension rolls, and at what rates of pension, depend on the " regulations" anid "rates" that may be prescribed by the President, according to the act of 16th March, 1802. ATTORNEY GENERAL'S OFFICE, 1M}ay 31, 1832. SIP: General McNeil's application for a pension is made under the act of July 11, 1812. This law directs that if any officer, non-commissioned officer, &c., shall be disabled while in the line of his duty, " he shall be, APPENDIX L 367 placed on the list of invalids of the United States, at such rate of penrsion and under such regulations as are or may be directed by law;" and then proceeds to limit the pension which may be allowed to the party. It does not fix the amount to which' he shall be entitled, but declares that it shall not exceed certain amounts mentioned in the law. As this act of Congress gives the party a right to a pension "' at such rate and under such regulations as are or may be directed by law," and does not prescribe the manner in which the rate is to be fixed, nor the particular' regulation under which he shall be entitled to be placed on the roll of pensions, we must look for some other act of Congress to guide us in this respect. And the only act of Congress then in force, to which this law can be supposed to refer, is the act of March 16, 1802. It is very clear that the act of 1812 cannot be construed to refer to the law of April 25, 1808, which placed invalids who had then been disabled, and who had received their wounds after the revolutionary war, on the same footing with the revolutionary pensioners. And I understand the uniform construction given to the act of 1812 has been, that it referred to the provisions of the act of 1802, to ascertain the rate of pensions, and the regulations by which the party was to become entitled to it. I think this construction is the true one and as no subsequent law has provided different regulations, or a different mode of fixing the amount of the pension, the provisions of the act of 1802 must, in these particulars, govern in all cases which arise under the act of 1812. The act of 1802 directs that the party shall be placed on the list of invalids " at such rate of pay and under such vregulations as may be directed by the President of the United States for the time being'." This law vests in the President the power to prescribe the "regulations" upon which a party may be placed on the pension lists, as well as the rate of pay to be allowed him, provided the amount does not exceed the rates limited by the act of Congress. It is to the regulatio~ns and rate of pay thus to be prescribed by the President, that the act of I812 refers as being then directed by law; and, consequently, it rests with the President to prescribe the regulations under w-\hich a person is to be admitted as a pensioner, and also the rate of pay in all cases which arise under the act of 1812, as well as in those under the act of 1802. As the President may prescribe the " regulations" under which a party shall be placed on the pension list, no one is legally entitied to be placed there in opposition to any regulation which he may think proper to make on the subject. The order of April 18, 1829, was an exercise of the power thus vested in the President; and since that regulation was made, and while it remains in force, no one who is in the receipt of pay or emolument as an officer of the-army can be placed on the pension list. The case of General McNeil, however, is not embraced in this order. But it does not follow that he has an absolute right to be placed on the pension roll; for it still remains with the President 3 68 APPENDIX I. to decide whether he will apply the same regulation to all civil officers, or to any of them, or to what description. Hle may apply it, if he thinks proper, to civil officers receiving a certain amount of income from their offices, and exempt orom its operation those whose allowances are less. And where his regulations do not exclude the party from the roll, he may fix the rate of pay as low as he thinks proper, taking care not to exceed the limits fixed by the act of Congress. The result of the principles above stated, when applied to the case of' General McNeil, is this: He has no absolute legal right to be placed on the pension list. It rests with the President to prescribe the regulations on this subject, which shall be applied to persons holding civil offices. If these regulations shall exclude General McNeil, he cannot be placed on the pension-list. It they do not exclude him, or if the President should see fit to make any regulations in relation to persons holding civil offices of profit, then General McNeil will be entitled to be placed on the pension roll. BRut, in that event, it will still be for the P'resident to determine upon the rate of pay to be allowed to him as a pensioner. To the SECRETARY OF WAR. R. B. TANEY. [32.] PRIVATEERS.-The language of the navy pension act of the 28th June, 1832, cannot be construed to apply to privateers. ATTORNEY GENERAL'S OFFICE, July 21, 1 832. SIR: The question I understand proposed to me in Captain Conner's case is, whether persons who served on board of privateers are embraced by the pension law of 1832? I think they are not included. The 5th section gives the pension to the officers, non-commissioned officers, mariners, and marines, who served "in the naval service" for the term mentioned in the act of Congress. The language used can apply to those only who were in the immediate service of the government and formed a part of the public naval force, and not to those who were engaged in private armed ships. To the SECRETARY OF WAR. R. B. TANEY. [33.] NA.vy PENSIONS.-Error committed in allowing a pension by official decision, or advisory opinion of Attorney General, does not render the recipient of the allowance a debtor to the government. ATTORNEY GENERAL'S OFFICE, October 24, 1832. SIR: It appears from the papers before me that John M. Gardner, who was a master commandant in the navy of the United States, died shortly after the close of the war, of a disease con. tracted during the war; and that his widow, Sophia Gardner, APPENDIX T. 369 was placed on the pension list by the commissioners of the navy pension fund, under the act of 1817. Under this law she was clearly entitled to the pension. Her certificate was afterwards renewed, and the pension continued to her under the acts of 1819 and 1824. The act of 1828, which continued the navy pensions for five years longer, gives pensions to the widows of persons who were killed in battle, or died in service, "during the last war;" and under this act it was decided by the commissioners of the navy fund that the case of Mrs. Gardner was not embraced by its provisions, and she was dropped from the roll. The language of the acts of 1819 and 1824, before mentioned, is the same in effect with that of 1828 in this respect, and gives the pension to those who were killed in battle, or died in service, " during the last war." And if the construction placed on the act of 1828 was the true one, then the pension of Mrs. Gardner ought not to lave been continued under the acts of 1819 and 1824. It is unnecessary in this case to decide whether the construction given to the act of 1828 was the true one or not. I find, on examination, that Mr. Wirt and Mr. Berrien differed in opinion on this point. But, assuming that the opinion given by Mr. Wirt is the correct interpretation of the law, and that the pension of Mrs. Gardner ought not to have been continued under the acts of 1819 and 1824, it does not follow that she is to be regarded as a debtor to the government for the amount received under these two acts. On the contrary, I think that, inasmuch as the tribunal to whom the construction of these laws was confided by the government decided that Mrs. Gardner was embraced by their provisions, and the pension was paid to her under that decision, she is entitled to hold the money. The interpretation then given by the competent authority having jurisdiction of the subject cannot now be revised or reversed by their successors in the same office, so as to affect the rights of those who have received pensions, although the construction then given should now be deemed erroneous. The case would be different if any mistake of fact had been committed, or the government imposed on by false testimony. The act of the last session of Congress in relation to these pensions, conforms in its language to the act of 1817; and Mrs. Gardner is entitled to a pension under this law. Being so entitled, she has, in my opinion, the right to receive her pension; and the money which was paid to her under the laws of 1819 and 1824 cannot be set-off against it. She is not debtor to the public for what she has before received under the decision of the tribunal established by the government to decide on her rights; and that sum cannot, therefore, be retained as a set-off against the money which, under the late law, is due to her from the public. R. B. TANEY. To the SECRETARY OF THE NAVY. 31 31O APPENDIX L [ 34.] BOUNTY LAND.-As real estate, a right to bounty land, may be devised to one heir-atlaw, and to the exlusion of another, by the legal construction of the will ol the testator, without being so expressed in direct terms. ATTORNEY GENERAL S OFFICE, Oct. 25, 1832. SiR: From the statement before tme, I think that Thilia Porter, as the heir and devisee of Lieutenant( John Thorp, deceased, is entitled to the bounty lands due to him. The case is this: John Thorp, at the time of his death, left issue two daughters, Elizabeth Serring andt Thilia Porter, whe were his heirs-at-lawT, The two grandsons mentioned iin his wvill were the children of his daughter, Mrs. Serring. The bounty land is not expressly devised to any one, nor is there any express general devise of the residue of his real estate. And if there had been nothing in the will to exclude 2Mrs. Serring from a share or the bounty lands, they would have decended equally to his two daughters, who were his heirs-at-law. But the testator directs that the divise of certain real and personal estate made to Mr. and Mrs. Serriing should go in full satisfaction of all right, title, interest, claim, and demnand, whatsoever, which they might or could in any way pretend to have or claim to all or any part of his r-eal or personal estate, except the. bequest of the one-half of the residue o' his personal estate, -which, by a preceding clause in his will, he had given to her. This strong language of exclusion from every thing but the property above mentioned appears to me to be, by necessary implication, a devise to Mrs. Porter, his only remaining heir-at-law, of the share of the residue of' his real estate, which, in the absence of this clause of exclusion, would have decended to Ml[rs. Serring. The bounty lands, not being devised to any one, would be left to descend to the heirs-at-law. And wvhen the testator gives to one of his heirs the one-half of the residue of his personal estate, and excludes her in express terms from any share of the residue of his estate, the portion of that heir in the residue of the real estate is, in my opinion, by necessary implication, given to his remaining heir. And Mrs. Porter is therelore entitled to these lands. This opinion is expressed under the belief that the will of Mr. Thorp is sufficiently attested to pass real estate, and that; his two daughters, Mrs. Serring and Mrs. Porter, were both living at the time of his death. The officer in charge of the Bounty Land Office will, of course, satisfy himself on these points belore he acts on this opinion. ITo the SECRETARY OF WAR. R. B. TANEYo [35.] RIEVOLUT10NARY PENSIONS.-I. Pensions under the act of 7th June, 1832, not confined to resident American citizens, but are extended to all surviving foreigners who served in the revolution, except" foreign officers." 2. The pension to every applicant to be estimated according to the different orades in which he may have semved a sufficient time to APPENDIX I. 3S1 entitle him to a pension. 3. The act of July 14, 1832, only repeals the act of March 3, 1819, and thereby dispenses with the proof of continued disability of those already on the pension roll, but does not restore alny who have been dropped from it for want of the proof. 4. The case of a pensioner having pledged his pension certificate for debt, does not require the renewal of the certificate, but he is entitled to payment of his pension without it, onl evidence of his identity, notwithstanding the illegal alienation and detention of' his certificate. ATTORNEY GENERAl'S OFFICE, October 27, lS32o,Sr,: I proceed to state my opinion upon the several questions you have proposed to me, on the construction of certain acts of Congress relating to pensions. 1. Thle act of June 7, 1832, granting pensions for revolutionary services, is not confined to resident America tn ci;izens. The 1st section gives the pension to "each of' the surviving officers, noncominLssionel officers, musicians, soldiers, aLnd Indian spies, who served in the continental line, or State troops, volunteers, or militia," -:for he periods of time mentioned in the law; and the only persons excepted from the general descriptlion given itn the Ist section ate the obreigon officers mentioned in the 3d section. The words 6fo/reign officers" were used il the proceedings of the old Congress to (lesignate the foreigners who held commissions in the Americtan army; and they must, I presume, be regarded as used in the, sanmte sense in the law before me. They are the only persons excepteed from the benefit of the lawx; atnd all other persons, whether residents or not residents of the United Slates who are embranced Iby the description contained in the 1st section, are entitled to avail themselves of its provisions. 2. If an applicant has served in different grades ior a time sufficient to entitle him to a pension, it must be graduated by the respective terms of service in each grade. His pension is to be according to his rank"-'4hat is, accordingo to the raink in which the service was rendered; not;: according to the rank he may have held at: the termination of the service: for it might happen that, in the latter, he had served only a few days. And the service lor NVwhich tile law intends to remun-erate him, is the service he performed during the prescribed period of time; and it measures the compeulsation by the rank in which the service was renderedl. 3. The act of July 14, 1832, does inothinzg more than repea.l the lawv of M'Iarch 3, 1819; and thereby dispenses with the necessity ofi addlucing the proofs of continued disability. It; does not restore to the pension roll any one who had been dropped from it-, but authorvizes the payment to those who were then on the list of pensioners. The latter would have been entitled to receive their pensions, upon adducing proof of disability only; without offering the other evidence, which Nwas necessary upon the original application fbr the pension. And the repealing law merely dispenses with the proof of' disability, and allows those who were at that time recognized as pensio-ners to receive payment without it; but it does not restore pensions to persons who, by forimer onission of the required proof; had lost the character of pensionerls, and were no longer acknowledged to be such by the competent authority. 372 APPENDIX I. 4. It is not obligatory on the Secretary of War to issue a new pension certificate, where the party has pledged it for a debt, and the creditor refuses to deliver it without payment. The law does not require the certificate, in such a case, to be renewed; and there are many obvious and weighty objections, which will readily occur to you, against renewals of the certificate in such cases. But, as the law intended to prevent the pensioner from selling or mortgaging his pension, it would defeat its obvious policy, if the creditor, by withholding the certificate, could deprive the party of his pension, and thereby compel him to appropriate a part of it to the payment of his debt. The act of the creditor, therefore, ought not to prevent the payment of the pension. And if satisfactory proof is offered that the certificate is in the hands of the creditor, or any other person, and that it has been demanded by the pensioner, and the delivery refused; and if sufficient evidence is also adduced of the identity of the applicant for the pension, I think he is entitled to payment without the production of the certificate. The analogies in law, in the instances of deeds, or other instruments, which are out of the reach of the party, and which it is not in his power to produce, justify the admission of such evidence in this case; and, in my opinion, it ought to be received and deemed sufficient to entitle him to payment. To the SECRETARY OF WAR. R. B. TANEY. [36.] NAVY INVALID PENSTONS.-The invalid may receive a pension whilst inll the public service, according to the degree of his disability which only renders him less able to provide for his subsistence; but a disability that would entitle him to a full pension would indicate the necessity of his resignation. ATTORNEY GENErAL'S OFFICE, Dec. 17, 1832, SiR: In the case of Captain Duncan, the question appears to me to turn on the meaning of the word "disabled," in the act of Congress of April 23, 1800. Does it mean that the officer, seaman, or marine must be disabled from performing the duties of his station, before he can receive a pension? Or does it mean any degree of personal disability which renders him less able to provide for his subsistence? I think the latter interpretation of the word "disabled" is most consonant to the spirit and object of the law. And indeed, it is the only one consistent with that provision in the statute which directs that the pension shall be graduated "'; according to the nature and degree of his disability," not exceeding one-half of his monthly pay. The act of 1804, March 26, gave to the commissioners of the navy pension fund the power to make such regulations as they might deem expedient for the admission of persons on the roll of navy pensioners. Under the law, the commissioners had the power to define what extent of injury would constitute a disability within the APPENDIX I. 3 7 3 meaning of the law, and to prescribe the rules by which the amount of pensions should be regulated in different decrees of disability. For example: a wound might have diminished the strength of a limb, without having in any degree impairedl the capacity of the officer to discharge the duties of his station, or subjected him to any additional expense in the performance of his duties. Or, while it left him fully competent to discharge the duties of his station, it might still subject him to additionlal expenses, by rendering the assistance of others necessary in performing those offices about his person, which, before the injury, he could perform for himself. Or the wound might be such as to disable him altogether from performing the duties of his station, and thereby compel him to leave the service. In the first of these cases, it would have rested with the commissioners to decide whether the party was entitled to any pension while he continued in service, inasmuch as the injury did not diminish his means of subsistence. In the second case, it would have rested with them to graduate his pension between the lowest and highest sum, having reference to the additional burdens to which his ordinary pay and emoluments were subject by reason of his wound, and having regard also to any other circumstances which the commissioners might deem it just to consider in determing on the amount to be allowed. And, in the third case, the highest amount would seem to be the sum contemplated by law. As Captain Duncan is still is service, and fully competent to discharge the duties of his station, his case comes within either the first or second classes above stated. And as all the powers and duties of the commissioners of the navy pension fund have, by the act of July 10, 1832, been devolved upon the Secretary of the Navy, I think it now rests exclusively with yourself to decide upon the principles above stated, and the facts which are in evidence before you, whether Captain Duncan is entitled to admission on the roll of navy pensioners; and if he is so entitled, for what amount of pension. I have not thought it necessary to refer in this opinion particularly to the provisions of the act of April 16, 1816, beeause it provides for a peculiar class of cases, differing altogether firom that of Captain Duncan. To the SECRETARY OF THIE NAVY. R. B. TANEY. [ 37. ] NAVY INVA,ID PENSIONS.-The same opinion, expressed in the preceding, [ 36, ] is repeated, with this addition.-That according to the powers given to the Board of Navy Commissioners by the act of 26th March, 1804, to fix the period at which a pension shalt commence, and the rate of pension to be allowed; the said board, or their substitute, the Secretary of the Navy, may, upon reconsideration of the case at the instance of the pensioner, order an increase of the pension, and that it commence at an earlier date, if convinced that injustice was done by the first decision. ATTORNEY GENERAL'S OFFICE, December 21, 1832. SiR: In the opinion which I had the honor to send you a few 374 APPIENDIX I. days ago, in the caase of CaptaiLn Duncan, I stated what appearx s to rne lo0 bhe the t'tle construt: tion of' lthe acts of Congl'ess c1onferring petnsions n of ficers, seamen, and marines, disabled in the line o-' their dluty. T'lle case of Captain Jones, to which you have now called my attention, (toes not, 1 thilk, give rise to any question of' law which is nor sub;stattially answ Tered in thlat opinion. But it; may be proper, itn -cAdlition to what I have there said, to explain mlore If'.lly the p[)incil)les which are more peculiarly applical)le to lthe case of' Ca- t'ain Jones. I uLiderstand Carptain Jones to object i:o the alIswance heretofore made him by the colrInissioners of the navy pension fulnd, on;\ groundls 1s Ist, that this pension ought to have commenced as early as 1815, insltead of 1825; 2d, lthat -it was, in the f'ist instanice, fixed at; a lowrer sun than he was entitled to. T'he power' given i;o iile commissioners by the act of' arcbh 26, 1804, to rmake sutch regulations a;s might to them lappear expedien for thle admission of pelso'ns on the roll of navy penisioners, aunthorized the commissioners to fix the period at whilch the pensions s.hould commence, and also ithe principles by which the. amlounti; xwvas to be graduated. Tihey might have declared that the pension should begin from the time of' the disability; or they mighlt have (letermine(d that it should commence at the date of the application and exhibition of prool., if they deemed the latter period more consonant to the sp)ir'it of the law. And in the abs.ence of any regulations on the subject, it was their province to exercise a sound discretion itl this respect, in every case as it came before.tJenm. The commissioners have, it seefms, flixed 1828 as tihe tihnle for the cornmencemene,; of the pensioon they allowed to Captainl Jones. It is immaterial whether, in deciding upon thlis point, thle commissiotners were governed by what they consideredI to be the regulatiotls or whether, in thIe absence of' an-y regulation, they exercised tI.he discretion -w'jilh wThich the law had clothed tl-nem. In either case, they were the competent authority to decide; and their decision is, I think, binding upon you, unless you are satislied by the evidence before you that it was given) under mistake of[ fact' and that. the date of the commelncement of the pen-sion would hbave been fixed othelrwise, bu.t for this mistake. For example: if you are satisfied by the proof that'he commnnissioners tool. 1828 as the period for tlhe commencement of' the pets;ion, undelr thle impression ithat; tlhe first application had been nmade at that time, when, in I'fact, it had beent made earlier; a.ndl had remained alitogether unacted on7 without any'fault of Captain Jones,-then it; is ill yvotl power to correctl the mistake, if, in your judgment, justice to Captain Jones requires it. But whether justice to him does or does not require it, is a question exclusively for your own discretior. In the absence, however, of suclh proof of mistake as you may think sufflicient, you cannot legally revise the decision heretofore given, either as respects the time of the APPENDIX I. 375 tommeemencetnenl; of the pension, or the sum allowed, so as to give your decision a retrospective operation. You may, indeed, at any tine examine into the claims of the p'arty; and if, friom the evidence ot increased disability, or new evidence of the extent of the disability, you believe he is entitled to a, higher pension than he is then reeeivinm', you may allow it, to the extent of the limits mentioned in the lawv. But the increase inD such a. case must be prOspective, and begin frorm the date of your decision. It cannot be retr oactive. Refertring you for the other principles involved in your decision t:o t;hle opinion I have heretobore expressed in the case of Captain Duncan, I hlave, c&c. To the ScE:CRETAPr oF TIE NAVY. P. B. TANEY [ 38.] NAVY PENSION TO wiDows.-The act of 28th June, 1832, extending pensions granted to widows and children under former acts, to widows only, is meant to exclude the childrlen, but not to change the policy of the forlner a.cts. AT'TORNEY GENErCAL'S OFFICE, Jan. 4, 1833. SR: I think M'irs. McCormick is entitled to her pension during the time she remained the widow of Lieutenant Leary. If the act June 28, 1832, stood alone, and was to be construed without referencee to any of the preceding tacts of Congress on the same subject, the expressions " so far as respects widows only," contained in thlis law, would leave it very doubful whether its benefits were no; to be confined to those vwho were widows at th:e time of its passage. But this act must be taken in counexion wTith the pi evious laws onl the same subject. And I find, by the opiniion of' the Attorney General of June 9, 1825, to which you have referred me, that,unider the acts of Congress passed before that utime, extending' the periods for which the pension was allowed, widowrs who }htad married before the passage of the law, or before the application for the pension. had been uniformly held to be elltitled lup to the time of their marriage. As this opinion of the Attorney General sanctioned the construction Which had been given by thle Government, the same practice has, I presume, since prevailed ii the execution of those laws, the samle interpretation being, given to them. The act of 1832 appears to have contemplated' nothing more than a further extension of the public bounty in favor of the widow, prolonging the period of the pension, uzpon the same principles and in t;he same cases in which it had been extended by the previous laws, so far as they were concerned, but refusing' to extend ii; in behalf of the children. And the words " so far as respects wxidows only," are not, I think, intended to change the policy of the former acts of Congress, so far as,concerns the xvidows, but to exclude the children, who, under the former laws, upon her marriage becanae entitled for the remainder of the time of extension. To the S CRETARY OF THE NAvY. R. B. TANEY. 376 APPENDIX I, [39.] REVOLUTIONARY PENSIONS OF 7TH JUTNE, 1832.-Those pensioners provided for by previous acts, (that of the 15th May, 1828, for instance,) are entitled to the benefits of the act of June 7, 1832, when the provisions are more favorable. Also an officer, (a commissary for instance,) who held no rank in the line, and was therefore not provided for by the act of the 15th May, 1828, is entitled to pension under the act of June 7, 1832. ATTORNEY GENERAL'S OFFICE, Mlay 18, 1833. SIR: In reply to your letter of the 16th instant, I have the honor to state that, by a literal construction of the first section of the act of 1832, every officer who was entitled to a pension under the act of May 15, 1828, would be excluded from a pension under the act of 1832; and if such a construction were adopted, an officer who had served to the end of the war as engign, and who, previously or during the time that he was ensign, filled the office of commissary, would be excluded from a pension under the last mentioned law. But, looking at the whole act, it appears that those who were on the pension list of 1828 were not excluded on the ground that their claims were less meritorious than those of others; but they were excluded because, being entitled under the act of 1828 to as much as they could receive under the act of 1832, it wras deemed useless to make the same provisions over again in their favor. The 3d section of the law shows that it was not designed to exclude any of those who had pensions under other acts of Congress where the provisions of the act of 1832 were more favorable to their interests. I understand that a commissary is within the act of 1832, under the construction it has received at the W7ar Department. If the commissary, therefore, had held no rank in the line, he would be entitled to his pension, because he was not provided for by the act of 1828. Did the law intend to draw a distinction between persons who had performed the same description of service, and to give to one what was refused to another for the like service? I think not: such a discrimination wvould have no foundation in justice. And it would, I think, be departing from the spirit and meaning of the law, to exclude one commissary from the act of 1832, because he had been an ensign; and give it to another, who had performed the same duty, but had held no rank in the line. The exclusive words in the 1st. section ought to be confined to cases in which the party claims in the same character in which he is entitled under the act of 1828, and for the same description of service. And as, in the case you state, the applicant was not entitled to a pension as commissary under the law of 1828, he is not excluded from a pension on account of services in that character under the act of 1832, and is entitled to the pension as commissary, upon relinquishing his claim as ensign. 11. B. TANEY. To the SECRETARY OF WAR. APPENDIX I. 3t7 [40.] BoUNTY LANDS.-The heirs-at-law of a widow who died intestate are not entitled to bounty land claims of her deceased husband, who also died intestate; but the heirs of the deceased husband are entitled. ATTORNEY GENERAL'S OFFICE, Sept. 5, 1833. SIR: In reply to your letter of to-day, I have the honor to state that it appears, from the papers before me, that Jacob Brice, of Maryland, who was entitled to the bounty land in question, died many years ago, intestate, leaving a widow and three children; that the children all died intestate and without issue, in the life of the widow; and she died about the year 1817, intestate, without leaving issue, she not having( married again. The present applicants for the land make claim to it as her heirs-at-law. Upon the facts as set forth in the papers before me, the present applicants do not show themselves entitled to the land. It descended, on the death of Jacob Brice, to his children, and vested by descent in the surviving child. The mother was not the heir of that child, unless there was no representative to be found in the paternal line. And there is no evidence to show that there were not brothers and sisters of Jacob Brice, or some one of kin to him in the paternal line, who was competent to take, upon the death of the surviving child. The claim of the present applicants cannot, therefore, be allowed. I am, sir, very respectfully, your obedient servant, To the SECRETARY OF WAR. R. B. TANEYo [41.] MILITARY INVALID PENSION.-Disability incurred from any cause by a person in the line of his military duty, if not occasioned by his own misconduct, is entitled to a pension. OFFICE OF THE ATTORNEY GENERAL, Dec. 20, 1833. SIR: I have carefully considered the question submitted to me in your letter of the 19th instant, in respect to the claims of Ebenezer Eaton for a pension under the invalid pension law. It appears that the claimant was disabled by wounds inflicted on him in May or June, 1813, (at which time he was a sergeant in the army of the United States,) under the following circumstances: he was attempting to pass the guard under the sanction of a written permit granted to him by his commanding officer, when he was assaulted without any provocation, as he alleges, by the officer of the guard in such manner as permanently to disable him. On this state of facts the question is proposed to me, whether the invalid pension laws, which allow pensions on account of disability occasioned by wounds or other injuries received while the applicant is " in the line of his duty in the public service," extend to such a case? There can be no doubt that the primary object of these laws 3 $78 APPENDIX I. was to provide for the support of persons disabled in battle, or by inljuries received whilst in the performance of some duty of material character; and a strict construction would perhaps exclude all cases of disability arising friom assaults committed on the party by persons belonging to the same service. The benevolent character of these provisions, and the motives which led to their enactlment, will, however, justify a more liberal construction; and I thinlk, therefore, that a disability occasioned by an assault like that complained of in the present case, may fairly be considered as coming within the terms of the law, provided the War Department shall be satisfied as to the tfllowing particulars: 1. That the wounds were given without sufficient justification. For if the assault was brought on the claimant by his owxn misconduct-, he cannot be said to have been disabled "while in the line of his duty." 2. That the permit was given to the claimant; and that! he was about passing the guard for some purpose growing out of or connected with the public service. For if the pass was given to him merely for the purpose of enabling him to attend'to his private affairs, and if, at the time he was injured, he wras going about his own private business, he can in no sense be considered as in "the public service." Whether the facts stated in the documents accompanying the application of Mr. Eaton are sufficient to bring his case within the principles above stated, is a matter upon which it is not my province to decide. To the SECRETARY OF WAR. B. F. BUTLER. [42.] REVOLUTIONARY PENSIONS OF 7TH JUNE, 183".-1. The legal representatives of a widow,twho died without demanding the arrear of pension due to her deceased husband, are entitled, exclusive of the orphan children.* 2. If no widow, the surviving children and the representatives of any deceased children, are entitled to the distributive share of such children, respectively. 3. If the deceased pensioner leave no widow or children, his legal representatives are entitled to the arrear. ATTORNEY GENERAL'S OFFICE, February 28, 1834. SIR: In the letter of the Commissioner of Pensions, enclosed to me in your conmmunication of the 31st ultimo, the following questions are proposed, as arising on the 4th section of the act of June 7, 1832, chapter 126, viz: 1st. In case the pensioner died, leaving a widow, who also died without demanding the amount: does the law exclude the childrenl, ald make it necessary to administer upon the estate estate of the deceased widcow; or are the children entitled to the balance due? 2d. If the pensioner died, leaving no widow, but several children, one of whom dies after the decease of the pensioner: are the heirs of the deceased child entitled to the amount which was * This is different from opinion [40] in regard to land bounty. APPENDIX Io 39 due said child; or is the whole amount payable to the children of the lpensioner? 3d. Inl case of the death of the pensioner, leaving neither widow duor child: is his legal represeitative entitled to the amount due.t The first sectioin of the act referred to, declares that the various persols embraced withitn it shall be entitled to receive out of the treasury the amounts granted to them respectively, during then''natoural lives; and, lalthough the paymetnts are only to be made semli-alnnually, yet I conceive that, without any express provisio'n in respect to the payment of friaetional amounts to the legal repriesentatives of the deceased parties, such representatives wouldc have been entitled to demand and receive the same. In my jldgment, the general rIlle applies to every case not specially provided for in the -fourth section: that is to say, to all cases except those where the decedent left a widow, or, there being no widow, leit cllildren him- surviving.. Bt;, in all cases -wherle the decedent }eft a, widow, or, leaving no widow, left children, I consider the,widow, or, if there was none, the children living at his death, as entitled to the proportionate amount. O(n applying these general rules to the questions above propounded, -the Ibloowving answers must be given Lo thelm: Ist. In1 tle case stated in the first question, the legal elpresentatives ol' t.he widow (lthat is to say, hel executors or administrators);.iae the only persons who can' demand the balance due. 2d. Where there is no widow, but several childr'en, one of wvhom dies befCore the amount is paid, the survivinlg children, as such, a re only entitled to their distributive shares of the balance due at the decedent;'s death; and the legal represeti;atives of the deceased child (that is to say, his executors or administrators) are entitled to receive his share. 3d. The third question t;nust be answered in the affi rmativeo To 1he SECRETARY (IF WAR. B.:F. BUTLER~ REVOLUTIONARY PENSIONS OF JUNE 7, 1S32.-The deficiency of two years' service as a captain, may not be made up by leolgth of service in inferior rank. ATTOrNEY GENITrAl'S OFFIOCE, Mialy 2, 14834. S;i: It lave tfhe honor io ackinowledg e the receipt of' your conmimnicationl of i1he 28th t]timo. The question presented for decisioni. on1 th[e act of' the 7th of' June, 1832, in the case of Thomas I-Huilb)ltl, (as sl.ated by t-he Comlmissioner of Penisions, is by no nmea-tls f'ee Liom dificulty. ThLe law, it is true, proceeds on the principle that thle party must have served two years as captain, or il a superior rank, in order to entitle himnself to the full pay of a captain; and the like term in a subordinate rank. to entitle himself to the full pay belonging to it. But there is nothing in its lanlguage which very plainly shows that the deficiency of rank 380 APPENDIX I. might not be made up by length of service, so as to give the party a captain's pay; nor does it strike me as very inequitable that this should be the case. I think, however, that it cannot be either necessary or proper to pursue this inquiry. The law, (to say the least of it,) is of doubtful interpretation; and in such cases the cotemporaneous and uniform practice which has obtained under it, is sufficient to settle its construction. The rule stated by the Commissioner of Pensions has not only been in constant use in the Pension Oiice ever since the enactment of the law, but it is for other reasons important to adhere to it. By referring to the reports and oti;her proceedings connected with the act of the 7th of June, 1831, it will be seen that the expenditure then contemplated was less than that already incurred. The Commisnioner of Pensions states that the introduction of the rule contended for on behalf of Mr. Hubbard would still further increase that expenditure. This consideration would not, in a reasonably clear case, possess much weight; but where the law is doubtful, and the opposite construction has the double advantage of early and constant usage, and of greater conformity to the expectations of the Legislature in its favor, I think it should prevail. My opinion, therefore, is, that there is no sufficient reason for changing the practice of the department; and that the mode of compensationr heretofore pursued by the Commissioner of Pensions should be continued. To the SECRETARY OF WAR. B. F. BUTLEL [44. 1 NAVY PENSION.-Although the act of 30th June, 1834, provides pensions for widlows of officers, seamen, &c., who have died in the naval service since the 1st of January, 1824, by reason of disease contracted, or of casualty by drowning, or other injuries received while in the line of their duty, the death of such officers, &c., from such causes, previous to January, 1824, cannot entitle their widows to pensions. ATTORNEY GENERAL'S OFFICE, October 17, 18364X SIR: I have the honor to acknowledge the receipt of your letter of yesterday, in relation to the case of Mrs. Anne Stevenson, who applies to be placed on the navy pension list. It appears, from the papers accompanying your communication, that the applicant is the widow of Sailingmaster William Stevenson, who died in service in 1813, but not in consequence of disease conttracted, or of injury 2received, while in the service; and the question arises, whether, under these circumstances. the laws respecting the navy pension fund, now in force, entitle her to be placed on the pension list. By the act of the 3d of March, 1817, (Laws of U. S., vol 6, p. 212,) pensions were granted for five years to the widows and children of any officer, seaman, or marine, who shall die, or0 shall have died since the 18th day of June, 1812, " in consequence of disease contracted, or of casualties or injuries received, while in APPENDIX I. 381 the line of his duty." It is obvious that Mrs. Stevenson was not entitled to the benefit of this act, because her husband did not die in consequence of disease contracted, or of casualties or injuries received " while in the line of his duty." By the acts of the 3d of March, 1819, (vol. 6, p. 399,) the 22d of June, 1824, (vol. 7, p. 213,) and the 28th of June, 1832, (pamphlet ed. p. 32,) some supplementary provisions have been made; the effect of which, so far as the present question is concerned, was simply to continue the act of' 1817, except that the second section of the act of 1832 extended to the widows of all those who may "have died by reason of wounds received during the war." This enlargement of the pension list did not, however, include the case of Mrs. Stevenson, because her husband did not die by reason of any -wound received during the war. The act of the 30th June, 1834, (pamphlet ed., p. 90,) continues the benefit of the act of 1832, for another term of five years, to those who had theretofore had the benefit thereof; and also extended the same "to the widows of officers, seamen, and marines, who have died in the naval service since the Ist day of January, 1824, or who may die in said service by reason of' disease contracted, or of casualties by drowning or otherwise, or of injuries received while in the line of their duty." This last provision fails also to reach the case of the present claimant; because her husband died before 1824, and not of an injury received while in the litle of his duty. I am, therefore, of the opinion that the department is not authorized to afford her any relief. To the SECRETARY OF THE NAVY. B. F. BUTLER. [45.] REVOLUTIONARY PENSiON —A surgeon belonging to the army of the revolution cannot receive a pension higher than that of a captain of infantry. ATTORNEY GENERAL'S OFFICE, December 19, 1834. SIR: In your communication of the 2d instant you propose to me the following question, which appears to have arisen in the case of Dr. Tunison, viz: Can a surgeon who belonged in the army of the revolution to a regiment of artillery, receive an allowance higher than that of a captain of infantry?" AfDter attentively perusing the argument of Mr. Ray, and the other documents submitted to me, and bestowing on them mature consideration, I reply to this question in the negative, and for the following reasons: 1. Although it might be proper to construe the prohibitions against exceeding in any case the full pay " of a captain in the line," contained in the acts of 1828 and 1832, as authorizing the allowance to officers of the line of the rank of captain and upwards, of the pay of a captain in the corps, whether of cavalry, artillery, or infantry, &c., to which such officers belonged; yet no such principle of interpretation can be applied to surgeons or 382 APPENDIX Io other staff officers, because they do not belong to any particular corps. In respect to them xwe are, therefore, necessarily obliged to select thle pay of' the captain of some particular class. 2. In makilng such selection I think it proper to take that class, whose pay was lowest. The error involved in such a, cons1truc tion, if it should really be erroneous, would not be injurious to the government, and could easily be repaired by Cmongress; whereas, if the other rule should be adopted, and should clhance to be erroneous, the mistake Nwould in most cases be irreparableo 3. The general allusion tlo the pay of a captainl in the line, when applied t1-o the case of staf' officers,.nust be understood as referring to captainls in that corps xlwhich constitutes the rnmain body of the military force. In out army this has h heetofore been, and still is, the infantry. 4. The construction given to th@e rights of surgeons under the resolves of the old (;ongress, as stated in the lettet of' the Secretary of' the Treasury,.is, ill my judgmlent, suffiicient of iltsel' and and without reference to any other reason, tlo decide the point. To the SECRETARY OF WAR. 3. F. BUTLER. [46.] NAVY PEssIOiNs.-The act of the 3d March, 1817, entitled the widow of an officer, seaman, or marine, to receive half the monthly pay that her deceased husband was entitled to at his deathll; and althougll the act of the 3d March, 1835, regulating the pay of the navy of the United States, actually increased their pay without any reference to its operation on pensions, yet the pensions mlst be estimated according to the rates of increased pay proper, exclusive of perquisites. OFFICE OF THE, ATTORNEY GENERAL, Ju1ly 20, 1835. SIR.: Pursuant to your directions, I have examined the various acts of Conlgress relating to navy pensionls, and. to the p)(ary of officers of the navy, for the lpurpose of answering the questlion which has arisen in the case of Mrs. Henley, widow of the late Commodore Henley; and shall now proceed to state my views thereon. The act of Miarch 3d, 1817, provides, that if any oflicer belonging to the navy of the United States shall die in consequence of disease contracted, or of casualties or injuries received, wvhile in the line of his dut;y, &c., leaving a widow, such -widow shall be entitled to receive "h'alf the monthly pty to vwhich th/e deceased was entitled (at the time of hirs dealh," to continue for the term of' five years, &c. This lawv must undoubtedly be regarded as furnishing the general rule by -which the rights of Mrs. Henley are to be settled; and although we are obliged to refer to other laws reg'ulating the pay of officers of the navy, yet, so long as such pay was made by the month, no difficulty could arise in its application. Even where the monthly pay may have been increased since 1817, the principle would be the same; the language of the act of' 1817 being such as to accomodate itself to the monthly pay, whatever it may APP1ENDIX i. 3883 have been, to which the deceased officer was entitled at the time of his death. Until the enactment of the late act "to regulate the pay of the navy of the United States," passed MIarch 3d, 1835, captains in the navy Nwere paid at the rate of one hundred dollars per month when commanding ships of thirty-two guns and upwards. Commodore Henley's case -would have been governed by this law, had it not been for lthe new provision inserted in the act of 1835, which virtually repeals all former laws on the subject, and adoptes the principle of antutal instead of mzonthlly pay; fixing that of captains in command of squadrolis on foreign stations at -four thousand dollars. To this annual pay Commtodore Henley, as I understand. was entitled at the time of his death; and it is therefore urged, in behalf of his widow, that she is entitled, under the act of 1817, to the one-half oC this sum per year, or the twelfth part: of it per month, as her pension. On the other hand, the Secretary of thie Navy is of opinion that the act of 1835 was passed without atny reference to pentsions, and has decidetd that, until Congress otherwise direct, pensions must be granted accordling to the'montlly pay to which the officer wvas entitled, by law, at the time when the act granting such pensions was passed. It is upon this decision, from which Mrs. Henley has appealed to the President, that my opinion is required. It, may be admitted as highly probable that the act of 1835 was framed without any special regard to the pension law, and that its effect was not considered by Congress; but; I cannot entirely subscribe to the opinion that. pensions are to be limited to one-half the monthly pay established by the former laws. I thinlk it very certain that Congress, in passing the act of 1835, intended to raise the pay propler to naval officers; and, so far as this wuas intended to he done, it appears to me it, ought to produce a corresponding increase of the pension. The mere fact that the pay, instead of being:fixed at a monthly sum, is to be paid quarterly or antnually, and that it is spoken of' as aztnutal pay, does not, in tmy judgment, prevent the application of the rule given by the law of' 1817, provided it be practicable to ascertain the precise amount; of pay proper given by the new law. The pension lasw of 1817 seems to have been framed Avith a view to meet the case of an increase in the monthly pay, as well as of differences in the amount to which the officer may be entitled, arising friom other circumstances; and therefore expressly provides that thle pension shall be, not "one-half of the monlthly pay given and established by the laws now in force," (which is the construction alopted by the Secretary of the Navy,) bt: "onlehall' the monthly pay to which the deceased wtas entilled at the time qf his death." We are, therefore, as it seems;o me, obliged to resort to the law of' 1835, by -which Comlmo('ore Henley's pay'was regulated and fixed at the time of his death; and are not at liberty to take the amount fixed by the former law, which, as already observed, is repealed by the act of last session. 884 APPENDIX t, But I am by no means prepared to say that the widow is entitled to one-half the gross sum prescribed by the act of 1835. It is obvious, from the history of this law, and from its provisions, that Congress intended to include in the gross sum fixed by it, not only a certain amount of pay proper, (considerably increased beyond the monthly pay given by the formner law,) but also to embrace an allowance for all the rations but one, and for sundry other perquisites. And as the pension laws have never been so framed as to give any part of those rations and perquisites to the widow or children of the officer, but, on the contrary, are carefully limited to one-half of the pay proper, I think the pension to be allowed to Mrs. Henley ought to be confined to one-half of so much of the annual sum of four thousand dollars as may be found to be referrable to pay proper. The rations, (over one ration per day,) and the other perquisites, to which an officer in the situation of Commodore Henley at the time of his death would have been entitled under the laws in force on the 2d of March, 1835, must be deducted from the sum of four thousand dollars; and the one-half of the residue, after such deduction, will, in my opinion, be the proper annual pension to be allowed to Mrs. Henley. I have not in my possession the proper means of ascertaining the precise amount which this principle will give her; and, besides, the statement and liquidation of the sum to be deducted from the annual pay, and the calculation of the pension, more properly belonging to the Navy Department. B. F. BUTLER. To the PRESIDENT OF THE UNITED STATES. [47.] RaEvOLUTIONAnr PENSIONS.-1. Under the laws of the State of Virginia, officers in her land service, chaplains, surgeons, and surgeon's mates, if citizens of the State, are entitled to half pay. 2. Field-officers, captains, and subalterns, who commanded in the battalions of Virginia or the continental establishment, and those raised for the defence of the State, or of the United States; and all supernumeraries on the reduction of said battalions, who again entered the service; are entitled to half pay without reference to citizenship. 3. Captains together with the subalterns, and all other commissioned officers of the State navy, the master surgeon, and surgeon's mates, are entitled to half-pay without reference to citizenship. ATTORNEY GENERAL'S OFFICE, February 9, 1836. SIR: In your communication of the 8th of December last, you inquire whether, in my opinion, any officers in the land service, not citizens of Virginia, were entitled to half-pay under the laws of that State; and you also put to me tile like question in regard to the naval service. I have looked into the statutes of Virginia, for the purpose of replying to your question. The statute of May, 1779, ch. 6, (10 Hening's Stat. at Large, p. 25,) on which the first question arises, provides that " all general officers of the army, being citizens of this Commonwealth, and APPENDIX I. 385 all field-officers, captains, and subalterns commanding, or who shall command, in the battalions of this Commonwealth, on continental establishment, or serving in the battalions raised for the immediate defence of this State, or for the defence of the United States; and all chaplains, physicians, surgeons, and surgeon's mates, being citizens of this Commonwealth, and not being in the service of Georgia or any other State, (provided Congress do not make some tantamount provision for them,) who shall serve henceforward, or from the time they are commissioned until the end of the war; and all such officers who have or shall becomae supernumerary on the reduction of any of the said battalions, and shall again enter into the said service; if required so to do, in the same or any higher rank, and continue therein until the end of the war, shall be entitled to half-pay during life, to commence from the determination of their command or service." If it had been intended to annex the qualification of citizenship to each of the cases enumerated in this section, I think it would have been done by a single general clause, The circumstance that the Legislature, instead of adopting that course, have in two instances annexed the qualification to clauses providing for particular cases, indicates, to my mind, an impression on their part that there were good reasons for discriminating between the various classes, and that in some of them the qualification wasnot to be required. It also appears to me that in all doubtful cases arising under these acts, the intendment should be, that the lawmakers designed to provide for all the officers in the service of their State, whether citizens or not. As a general rule, and especially in recent cases, it is undoubtedly proper to decide all doubtful questions arising on laws appropriating public property in favor of the Treasury; because the error, if any there be, in such decision, can be corrected by the Legislature. But, in the present case, if too rigorous a rule of interpretation be adopted, the error it may produce must, from the nature of the subject, pass without correction. For these reasons, I am of opinion that the words expressing the qualification of citizenship ought not to be extended beyond the particular clauses to which they are joined. The application of this rule will produce the following results: 1. General officers of the army, and chaplains, physicians, surgeons, and surgeon's mates, to be entitled to the benefits of the law, must be citizens of the State of Virginia. 2. Field.officers, captains, and subalterns, who commanded in the battalions of Virginia on the continental establishment, or who served in the battalions raised for the immediate defence of the State, or of the United States; and all such officers who became supernumerary on the reduction of any of said battalions, and who again entered the service whenirequired, in the same or any higher rank and continued therein until the end of the war, were entitled to the benefits of the law, although they were not citizens of Virginia. The act of May, 1780, oh. 27, (190 Hening's Stat. at large, p. 32 3 8 6 APPENDIX I. 298,) by which the question as to the naval service is to be determined, is in the following words: "And be it further enacted, That the said captains, together with the subalterns, and all other commissioned officers of the navy, the master surgeon, and surgeon's mates, shall be, entitled to the same pay and rations, the same privileges and emoluments, and rank in the same degree with the officers of the like rank belonging to the regiments heretofore raised for-the internal defence of the State." The principles of interpretation above stated lead me still more satisfactorily, in regard to this branch of the service, to the conclusion that all the officers enumerated in the provision now quoted are entitled to half-pay, without reference to citizenshipo To the SECRETARY OF WAR. B. F. BUTLERL [48.] INVATID PENSIONS.-Althoughi invalid pensions have been required by some pension laws and opinions of attorneys general, and by partial usage of the -office based thereon, to commence from the completion of the evidence, some acts authorize them to commence from the date of disability, or fiom the titme the invalid's pay ceased; which latter principle this opinion declares ought to be adopted by Congress as the uniform principle of justice to all invalids disabled during and since the revolution. The quotations and references here show a remarkable inconsistency in the provisions of law, and an unsettled practice of the department, not without their parallel in other respects. ATTORNEY GENERAL'S OFFICE, iMarch 31, 1836. SIR: I have had the honor to receive your communication of the 2d instant, submitting for my opinion certain questions presented in a report from the Commissioner of Pensions, in relation to a pension claimed by General Ripley. It appears, from the document referred to me, that in September, 11829, General Ripley applied to your department for a pension, on account of disability arising from a severe wvound which he received while in the service, on the 17th of September, 1814; and that he claimed pay firom the time the wound was received. His claim for back pay was not admitted by the Secretary of ~War, on the ground that the second section of the act of the 15th of May, 1820, applied to the case, and limited the commencement of the pension to the time when the testimony was completed. In 1831 General Ripley again made application to the department; but a pension was not granted, because the surgeon's affidavit was defective, in not being sufficiently clear in stating the disability, and in not in having the necessary authentication. A letter containing the objections was addressed to the claimant on the 9th of March, 1831. In December last, application was again made, and the claim allowed, (there being then no objection to the evidence,) to commence on the 21st of November, 1835. The pension certificate was, however, returned by General Ripley, who again urged his claim for pay from the 17th of September, 1814, on several grounds, stated at length in an argument which is among the papers referred to me, and in which APPENDIX I. 387 he asks a decision lst, on the question, whether he is entitled, under the 14th section of the act; entitled "An act to raise an additional military force," passed January 1 1, 1812, to a pension from the 17th of September, 1814, the (lay on which he was wounded; and should the decision be adverse to his claim, he asks, 2d, for pay from the 30th of July, 1830, the date of the surgeon's affidavit, which was filed in 1831. In relation to these points, the Commissioner supposes four several questions to be involved, to which he xwishes the attention of the Attorney General to be directed, and which I shall therefore proceed to answer in their order. 1. "Whether the 2d section of the act of the 15th of May, 1820, entitled'An act to revive and continue in force an act to provide for persons who were disabled by known wounds received in the revolutionary walr, and for other purposes,' has been properly interpreted by this department, in extending it to other than revolutionary cases?" It appears from the records of this office, that the construction adopted and acted on by your department was officially given by the Attorney General, in his opinion on the case of Colonel Johnson, dated the 2d of July, 1822; and that it has been recognised and followed ever since that date, not only in your department, but by my predecessors in office. As a general rule, I adopt the decisions of the office on points officially presented, without attempting to review the grounds on which those decisions proceeded; this being the course usually pursued by courts of justice, and being, indeed, indispensable to des,)atch of business, and still more so to uniformity of judgment. For the- same reason, even where my attention is particularly called to a prior decision, and especially if it be one which was made by one of my predecessors, and which has been acquiesced in and followed for any length of time, I should yet feel myself bound, in ordinary cases, to adhere to it. In the present instance, I have felt it my duty, in compliance with the distinct inquiry of the Commissioner of Pensions, to look with some care into the decision referred to. As the result of this examination, I am constrained to say that I have strong doubts as to the accuracy of the construction heretofore given to the act of 1820-so strong, indeed, that if the question were an open one, I should think it the safer and more equitable course to confine the law exclusively to the revolutionary cases. Although I do not suppose that you will think it expedient, on the doubts now expressed; to reverse the practice which has hitherto obtained in your department; I yet think it due to General Ripley, whose claims may perhaps be urged in another place, to state some of' the prominent reasons which induce me to distrust'the accuracy and justice of the rule in question. The second section of the act of Mlay 15, 1820, is in the fobl lowing words: "And be it further enacted, That the right any person nowv 388 APPENDIX LJ has, or hereafter may acquire, to receive a pension in virtue of any law of the United States, shall be construed to commence at the time of completing his testimony, pursuant to the act hereby revived and continued in force." The first clause certainly favors the construction which has been given. " In virtue of any law of the United States," is a phrase of very extensive import; and if the section had ended with the word " testimony," there whould have been nothing to restrain the generality of that phrase, and no doubt could have existed as to its construction. But the section does not end with that word; it uses certain additional words, which form a very material part of the law, and to which it is our duty to' give full effect in construing the provision. We have no right to reject them, nor -to give them such a construction as to render them absurd or inoperative. They carry us directly to the act of 1806, named in the title, and revived by the 1st section. The testimony is to be completed "pursuant" to the act of 1806, named in the title, and revived in the body of the law. By referring to that act, it will be seen that it relates exclusively to persons who received known wounds in the revolutionary war;. and that the 2d section prescribes very minutely the rules and regulations to be observed in substantiating claims intended to! be preferred under it. The rules and regulations are, in their character, twofold: they determine thefact to be proved, as well as the mode or means of proof. The former is " decisive inability, the effect of a known wound or wounds received while in actual service during the revolutionary war;" the mode of proof is to be by affidavits of the commanding officers and surgeons, or others, and the examination, on oath, of the claimant. Strictly speaking, the testimony cannot be completed pursuant to the act of 1806, unless it conform to that act in respect to the fact required to be proved, as well as in respect to the mode of proof. In revolutionary cases, this would certainly be deemed the effect of the word " pursuant." In this sense, it would be impossible for a person disabled during the war of 1812, to complete his testimony pursuant to the act referred to; and if this be the proper construction of the word "pursuant," then it will necessarily restrain the generality of the phrase " any law," used in the former clause, and compel us to limit the whole section to cases which arose in the revolutionary war. In the brief opinion of my predecessor, these latter words are not made the subject of comment, nor do they appear to have attracted his attention. This is evident from the opinion itself, which is in the following words: "On the subject of Colonel Johnson's pension, I cannot see how it can be withdrawn - from the sweeping provision of the second section of the act of 15th May, 1820; which directs that all pensions in virtue of any law of the United States shall be considered to commence at the time of completing the testimony. This provision is so direct and so universal, APPENDIX I. 389 that the ground on which your doubts are founded is- not discovered; and I should be glad to confer with you on the subject, before you act on this opinion." Upon the construction which was thus given to the law, the word "pursuant," when applied to cases arising in the war of 1812, must be deemed to apply only to the mode of proof, and not to the fact to be'proved; thus giving to one and the same word, in the same law, two different interpretations. This is sometimes done by the courts, when the necessity or justice of the case calls for such an accommodation of the language used by the lawgiver. In the present instance, it seems to me that there is no adequate necessity for this unusual straining of the language; because, by construing the words " any law" to mean any law relative to revolutionary cases, the whole section is rendered consistent with itself. This construction is also not only strained, but, in my judgment, it makes the law palpably unjust. The act of January 11, 1812, declares that "if any officer, &c., shall be disabled by wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pension, and under such regulations as are, or may be, directed by law," &c. This act does not provide at what time the pension shall commence, except so far as such provision is included in the words "at such rate of pension," and "under such regulations as are, or may be, dirsected by law;" which words refer us (according to the opinion of the Attorney General in the case of General McNiel, dated Maay 31, 1832,) to the act of the 16th March, 1802-that being the only general law then in force applicable to the subject. The 14th section of the act of 1812 directs that the party disabled shall be placed on the list of invalids " at such rate of pay, and under such regulations, as may be directed by the President of the United *States for the time being." The President, therefore, had the power to prescribe, by regulation, the time when pensions for disabilities under the act of 1812 should commence. I cannot learn that any formal regulation on this point was ever made by the President until the 18th of April, 1829, when the President directed an order to be published, declaring that in future no person, while in the receipt of pay or emoluments as an officer of the army, should be placed on the pension list. The practice of the Pension Office had, however, from an early day, been governed by the same rule; which was expressly prescribed by the old Congress in the resolution of the 26th August, 1776, and in other resolutions of later date. This usage being kept up by the War Department, with the sanction of the President, before and at the enactment of the act of 1812, was, within the meaning of the law, a regulation directed by the President, and wals, in effect, incorporated in it. All persons entering the army under that act were therefore bound to know that, if disabled, they could not receive pensions as invalids so long as they retained -their places in the army, and received the pay and emoluments 3 9 0 APPENDIX I. thereof. But I am distinctly informed by the Commissioner of Pensions, that this was the only limitation imposed by the usage of the office, prior to the act of 15th May, 1820, on the payment of pensions for disabilities under the act of 1812; and that where the party left the army at the time he was disabled, the pension was considered as accruing from the date of the disability, no matter when the testimony was completed or produced. This being the case, all persons who entered the army under that law had good reason to expect that, if they should become disabled, they -would be allowed pensions according to the nature of their disabilities, to commence from the time when they should cease to receive the pay and emoluments of the service. The contract between them and the government was not precisely to that effect, because it was subject to the contingency that the President might prescribe other regulations which might linit still further the commencement of the pension. But, as this power has not been exercised, the case may be considered as standing precisely on the same ground as though it had not existed. Under these circumstances, it appears to me, that from the time when General Ripley was disabled by a wound received in the line of his duty, he had a just claim on the good faith of the nation to be placed on the pension list from the time when his pay and emoluments as an officer should cease. And accordinog to the usage of the office, and to the only regulation which has been made by the President, touching the time from which the pension is to commence, if he had made his application at any time before the enactment of the act of the 15th May, 1820, he wrould have been allowed his pension from the time when his pay ceased, which I understand was in 1S21. His right to such a pension vwas not, indeed, an absolute one; but it was founded on tle pledge contained in the act of 1812, and fortified by considerations of the most interesting and impressive character. The effect of' the construction given by my predecessor to the law of 1820 Nwas to take away this right; and, though it may he admitted that Congress had, the power to do this, yet I think there can be little difference of opinion as to the harshness and injustice of such an exercise of legislative authority. In regard to such revolutionary cases as might be presented under the act of 1820, there was no injustice in applying the rule given in the 2d section of that law, because all claims of that sort had been barred by lapse of time, even before the passage of the act of I806 -which act, as well as the act reviving it,had expired and because that act also contained an express provision that every pension under it should "commence on the day when the claimant shall have completed his testimony." This being the rule by which the pensions gratuitously proffered by the act of 1806 -were to be governed, there could be no objection to repeating the same rule in reference to such cases (though it was probably 1nnecessary to have done so) in the act of 1820. But such a rule, when applied to cases arising under the act of 1812, which con APPENDIX I. 391 tained nothing to warn parties of the necessity to make immediate applications, and -under which a different usage had obtained up to the 15th of May, 1820, was, in my opinion, positively unjust; because it defeated the expectations which persons entering the service under the law of 1812 had a right to cherish; made no discrimination between cases of supine neglect and those of forced delay; allowed nothing for difficulties occasioned by sickness, loss of papers, or other unavoidable accident; and, above all, operated retroactively on the rights of parties. It is a first principle in the interpretation of statutes, that, where the words are doubtful, such a construction is to be preferred as will be most consistent with the reason and justice of the case. This principle, I think, would have justified my predecessor in construing the 2d section of the act of the 15th May, 1820, as not extending to cases arising under the act of 1812; and, were I not restrained by the respect due to superior ability and learning, I would say that such a construction was demanded by that principle. The action of Congress subsequently to the law of 1820 is also calculated to strengthen the doubts above expressed. That; act revived the act of 1806 for one year only; but, by the act of the 4th of February, 1822, the act of 1806 was again revived for six years, and -until the then next session of Congress; and by the act of the 24th of May, 1828, it was once more revived and rendered permanent. Each of these last named reviving acts repeats, it hadc verba, the 2d section of the act of the 15th of May, 1820. The repeated re-enactment of this provision is altogether inconsistent with the idea of its being a general or permanent provision; and shows that, inl the judgment of the Legislature, it had expired with the expiration of the acts in which it was contained. Upon the whole, I entertain, for the reasons above assigned, such strong doubts as to the accuracy of the interpretation heretofore given to the law in question, and so decided an opinion as to the injustice of the law itself, if the construction given to it is the correct one, that I cannot but hope that Congress may even now interfere in these cases, and carry back the pensions to the time when the disabled party ceased to receive the pay and emoluments of the service. 2. "Whether, under the peculiar circumstances in which the applicant was placed, the law was applicable to his case?" The circumstances here referred to are the following: In May, 1820, a large balance stood to the debit of General Ripley, in the accounting offices, for arrears of money received by him for disbursement during the war of 1812. Suits were subsequently brought against him, to recover such balance; he resisted the recovery, on the ground that he was not indebted to the United States, but on the contrary, that the United States were justly indebted to him; and, after various proceedings in the controversy, it was finally disposed of by a verdict in favor of the defendant, 392 APPENDIX I. which closed the account at the Treasury; and, according to the certificate of the jury, still left General Ripley a creditor of the United States to a large amount. Under these circumstances, he contends that, if the law of 1820 applies to other than revolutionary cases, it ought not to affect him; because, as he alleges, he was at the time, and ever after, until the closing of his account by the verdict in his favor, disqualified by law from drawing his pension; and, being so disqualified, the limitation contained in that act did not, and could not, run against him, until it ceased to exist. The disqualification, on which this argument is founded, did not, so far as I can discern, exist until the 3d of March, 1823, when a provision was first introduced into the act " making appropriations for the military service of the United States for the year 1823," (which act included an appropriation for invalid pensioners,) prohibiting the payment of any money thereby appropriated to any person for his compensation " who is in arrears to the United States, until such person shall have accounted for, and paid into the Treasury, all sums for which he may be liable," &c. This prohibition was for several years incorporated in the general and other appropriation bills; and in 1828 was enacted as a permanent law, by the act "to prevent defalcations on the part of disbursing agents of the Government, and for other purposes," approved January 25, 1828. This inhibition, in my opinion, extends to the case of an invalid pensioner; and it must, therefore, be conceded that, from March, 1823, until the balance standing against General Ripley on the books of the Treasury was extinguished, he was disqualified to draw his pension, even had it been previously allowed to him. It is also true, as a general rule, that statutes of limitation do not run against persons disqualified by infancy, interdiction, or any other cause, to enforce their claims; all such cases being usually excepted from the statutory bar. But it does not appear to me either that the act of 1820 can with propriety be regarded as a limitation law; or, if such be its true character, that the case of General Ripley can be brought within the principle of the exceptions above stated. The statute does not attempt to prescribe the time within which the claim is to be preferred; nor did the disqualification under which General Ripley labored prevent him from making or establishing his claim. He might have preferred and established it; and, although no money could have been paid thereon until the balance standing against him was extinguished, yet, on the closing of his accounts, he would have been entitled to receive all that had accrued during the interval, and to be regularly paid thereafter. If, then, the 2d section of the act of 1820 applies to this case, I must be considered as answering the present question in the negative. 3. "Whether the rule which declares that the evidence is complete only when the papers are duly authenticated, and all objections to the claim cease, is conformable to the spirit of the law?" The accuracy of the rule being thus called into question, I think APPENDIX I. 393 it my duty to state my views on the subject, although the rule itself is in entire conformity to the second opinion of the Attorney General in the case of Colonel Johnson, dated the 19th of July, 1822, which opinion was the result of a very mature consideration; and although it has also been adopted in the President's regulation of the 18th of April, 1829. The first section of the act of the 15th of May, 1820, refers us to the act of the 10th of April, 1806 and whatever would complete the testimony under that act must certainly be sufficient. Now, the second section of the act of 1806 expressly prescribes the rules and regulations which are to be complied with in substantiating claims. They consist of certain proofs to be made by affidavits before the judge of the district, or one of the judges of the, Territory in which the claimant resides, or before some person specially authorized by commission from said judge; and after the proofs have been duly submitted to the proper judge or commissioner, he is to "certify, in writing, his opinion of the credibility of the witnesses whose affidavits he shall tale, in all those cases where it is said the proof shall be made by a credible witness or witnessees; and, also, that the examining physician or surgeon is reputable in his profession." The third section provides that the judge or commissioner shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates, and proceedings had thereon, " noting particularly the day on which the testimony was closed before him,"' to the Secretary of War, &c. And the fourth section of the same act of 1806 declares "that every pension, or increase thereof, by virtue of this act, shall commence on the day when the claimant shall have completed his testimony before the authority proper to take the same." Under the act of 1806, it is therefore manifest that the date of the last affidavit, or last oral examination on oath, before the judge or commissioner, was the true date from which the pension was to commence; and as this rule is referred to and adopted by the act of 1820, I do not see how any other formality, not required by the act "thereby revived and continued in force," can be made the test of the completing of the testimony "pursuant" to the act. If further evidence be necessary to authenticate the proceedings, the President, or the Secretary of War acting under his authority, may undoubtedly require it; and so far the President's regulation of the 18th of April, 1829, may be regarded as perfectly consistent with the act of 1820. But I am clearly of opinion that the rule referred to in the question I am considering, and the opinion on which it was originally fbunded, and the regulation by which it is now continued, so far as they postpone the commencement of the pension to any day later than that on which the testimony was closed before the officer taking it, is repugnant, not only to the spirit, but to the express words of the act of 1820. The remaining question proposed by the Commissioner is fully met and disposed of by the conclusion just expressed. To the SECRETARY OF WAR. B. F. BUTLERo 394 APPENDIX I. [49.] PRIVATEEr, PENSIONS.-Present opinion is relinquished and withdrawn in deference to previous opinion, and usage of the department, viz: 1. That a pension shall be allowed as a vested right, when one has lost his life while in the line of his duty on board a private armed vessel of the Unilted States. 2. That in case the d&ceased leave a widow, who intermarries or dies without having claimed her right to a pension, her second husband or legal representatives are entitled to the amount accruing from the death of her deceased husband till her second marriage. ATTORNEY GENERAL'S OFFICE, April 5, 1836. SIR: The claimant referred to in your letter of the 25th January last, (on whose case I expressed an opinion adversely to his claim, by my letter of the 9th of February,) having suggested to me that he had reason to believe that a different decision had been made by one of my predecessors, I withdrew my letter from your department, a few days since, for the purpose of re-examining the subject. Supposing, when I received your communication, that the question proposed to me was one which had never been considered in this office, nor affected by any usage in your department, I gave to it such a reply as the language of the navy pension laws seemed to me to require. I cannot say that my own impressions, as to the intent of Congress in the enactment of those laws, is changed by any subsequent reflection bestowed upon them; but, on a diligent examination of the records of the office, I have found an opinion which takes an entirely different view of the subject, and which appears also to be supported by the usage of your department-on which, indeed, it was very much founded. And as I am not only very willing to yield my own impressions, on a question of this nature, to such authority, but, indeed, think it due to consistency of administration and the rights. of' parties that I should do so, I beg leave to recall the decision heretofore given, and to apply to the case the principles thus established or confirmed by my predecessor. The case stated in your letter of the 26th January is as follows: "During the late war with England, an individual was killed on board of a private armed vessel of the United States, in an action with a British ship. His widow did not apply for a pension. She married again; but the second husband, during her life, did not prefer the claim. After her death, he demanded the pension from the date of the first husband's death to the time of the second marriage. The woman had no children." On this case you inquire, 1st, Whether a pension shall be paid? and, if so, 2d, Who is the proper person to receive it? The opinion of the Attorney General dated the 9th of June, 1825, and transmitted on that day to the Secretary of the Navy, settles the first of these questions in the affirmative. In that case, as in the present, a, person had lost his life during the late wvar, while in the line of his duty on board a private armed vessel. I-Ie left a widow and children under the age of sixteen. No application for a pension was preferred until 1825, APPENDIX I. 395 before which time the widow had intermarried. After her remarriage, she applied for a pension on behalf of her children, (some of whom were under sixteen,) and, also, for the portion of the pension between the death of her first husband and her second marriage. The Attorney General, in an elaborate opinion, in which he stated the provisions of the laws, and the practical construction which he understood they had received in the Navy Department, decided that the widow had a vested and pei:fect right to the pension during her widowhood, and that her right to receive it for that period -was not affected by her subsequent marriage. The precise point now presented was not, indeed, submitted for decision in that case; but the principal laid down by the Attorney General, and the reasoning of his opinion, are equally applicable to the present claim, as you will perceive on referring to the opinion, which, I take for granted, may be found on the files of your department. Indeed, he puts, by way of illustration, the very case involved in your question, and speaks of it as having been settled by the practice of the department. "I understand," says the opinion, "that even where the widow has intermarried before she has made any application, or has died before she has made any capplication, the uniform practice of the department has been, not to consider the application too late for all that was due at the time of her intermarriage or death, the department having heretofore considered that as having been done which ought to have been done." And he proceeds to express his approbation of the practice as conformable to the spirit and design of the.law. For a fullerl exposition of the grounds on which the opinion of my predecessor Was founded, I beg leave to refer you to the document itself. Your second question must be solved by applying to the present case the rules of law in regard to the right of the husband in the property of his wife, in force in the State where the parties resided tl; the time of his wife's death. By the law of England, the husband, if he survives his wife, is entitled to administer on her estate, and to recover all debts due to her at the time of-marriage, and all her other outstanding choses in action, for his own use, subject only to his liability for debts contracted by her whilst a femme sole, to the extent of the assets received by him. This is the general rule in the American States; though in M3aryland, and perhaps in some other States, the husband has been relieved fronom the necessity of taking out letters of administration. B. F. BUTLER. To the SECRETARY OF THE NAVY. 396 APPENDIX I. [ 50.] NAVY PENSIONS-The following opinion adopts that of Mr. Wirt, of the 9th June, 1825, in relation to widows of officers and seamen of the privateer service, and applies it, with scarcely a variation, to widows of officers, seamen, &c., of the navy; consequently, the abstract of the former, [23] p. 354 will equally apply to this. ATTORNEY GENERAL S OFFICE, April 5, 1836. SIR: In your letter of the 10th of February last, you state that on the 18th of May, 1815, Benjamin White, master-at-arms in the navy of the United States, died in consequence of a fall through the hatchway of the United States ship Ontario, leaving a widow, who now for the first time claims a pension. I infer from your letter, (though the facts are not distinctly stated,) that Mr. White was killed in the line of his duty, and also that Mrs. White has not been married since her husband's death. After referring me to various acts of Congress applicable to the subject, you request me to inform you " whether, in my opinion, the benefits of these laws ought to be now extended to Mrs. White; and if not, whether she is entitled to any pension; and if entitled, at what time the pension should commence, and for what period should it be allowed?" The acts of Congress in relation to navy pensions are so numerous and intricate, that I have found it a task of no little labor and difficulty to extract from them a satisfactory reply to your queries; especially as I find, on a careful examination of the records of this office, that many of their provisions have, from time to time, been referred to this office for construction, and that, on several of those occasions, the decision appears to have been founded rather on the usage of your department than on the language of the Legislature. To secure uniformity of judgment, and conform, as far as I can, to the practice which has heretofore obtained in analogous cases, I shall take up the case of Mrs. White at the date of her husband's death, and, by the aid of the decisions-made by my predecessors, endeavor to dispose of it in accordance with the principle of those decisions. On the 18th of May, 1815, the only laws applicable to the subject were the acts of the 13th of February, 1813, and the 4th of March, 1814. According to the construction given to the act of 1813 by the Attorney General, in his opinion of the 31st of March, 1825, it embraces every case of an officer killed in the line of his duty, whether killed in battle or by casualties; and the case of Benjamin White was therefore within it, provided he is to be considered as an ofcer-for the act does not extend to seamen. I am by no means certain that a master-at-arms is an officer of the navy, within the meaning of the act of the 20th January, 1813. In the acts of Congress then in force, he was called and treated as a petty officer, as contradistinguished from seaman. I am, therefore, inclined to think he was an officer within the act of 1813, and that his widow was, accordingly, entitled to the benefits of that APPENDIX to 397 law; but, as this is a question which belongs rather to the naval service than to this office, I shall not express a positive opinion thereon. If the act of February, 1813, did not embrace this case, then Mrs. White, at the time of her husband's death, was not entitled to any pension; because the act of the 4th of March, 1814, as expounded in the above-cited opinion, was confined to persons slain by wounds; and so far as officers are concerned, its provisions were entirely retrospective-covering those cases, and those only, in which officers had been slain in the line of their duty, between the 18th of July, 1812, and the date of the law. According to the construction thus given to these two acts, White, if an offcer, was embraced in the act of 1813, and not in that of 1814; but, if not an officer, he was not embraced in either; not in the act of 1813, because that act is confined to officers; and not in that of 1814, because that is confined to persons slain, and did not extend to deaths by casualties. But it is to be observed, that the act of the 4th of March, 1814, vas subsequently extended, by the amendatory act of the 3d of March, 1817, so as to include officers as well as seamen in all cases, and so also as to include deaths by disease and casualties; and that, under this amendatory act, Mrs. White would have been entitled to a pension, whether her husband be considered as an officer or a seaman. It is true that the amendatory act of 1817 was repealed by the act of the 22d of January, 1824, but with a saving of pensions already granted, and of all rights accrued under it. So much, then, may be considered as certain, viz: that Mrs. White, provided her husband be regarded as an officer, was entitled, under the act of 1813, at her husband's death; and if not an officer, then under the act of the 3d of March, 1817, from the date of that act, to the ordinary pension of five years' half-pay. Then comes the act of the 16th of April, 1818, in addition to the act of the 4th of March, 1814; but, as both sections of this law relate exclusively to persons who served in private armed ships, they have no bearing on the present case, and may be laid out of view. Next in order of time is the act of the 3d of March, 1819, extending the term of half-pay pensions previously granted by law to the widows and children of certain officers, seamen, and marines, who had been killed or died in the naval service, for an additional term of five years. But this act did not apply to Mrs. White's case, whether her right be regarded as commencing under the act of 1813, or under that of 1817; because it is expressly confined to the cases of persons killed or dying "during the late war;" and White was killed in May, 1815, after the termination of the war. The same remark must be made as to the act of the 22d of January, 1824, " further extending the term of halfpay pensions," &c.; the acts of the 9th of April, 1824, or the 26th of' May, 1824, (which are, moreover, confined to private armed 398 APPENDIX I. ships;) and the 1st section of the act of the 23d of May, 1828, "6 extending the term of certain pensions chargeable on the navy and privateer pension funds." But the act of the 28th of June, 1832, "further to extend the pensions heretofore granted to the widows of persons killed, or who have died, in the naval service," is not confined to cases which occurred during the war. It provides " that, in all cases where provision has been made by law for the five years' halfpay to widows and children of officers, seamen, and marines, who were killed in battle, or who died in the naval service of the United States; and, also, in all cases where provision has been made for extending the term of five years, in addition to any term of five years, the said provision shall be, and is hereby, further extended for an additional term of' five years, so far as respects widows only; to commence at the end of the current or last expired term of five years, in each case respectively." This latter act embraces the case of Mrs. White, and adds five years to the five years before allowed by act of 1813, if her husband was an officer; and by that of 1817, if he be regarded as a seaman merely: thus making the pension equal to ten years' half-pay. The last act to be referred to is that of the 30th of June, 1834, which provides, among other things, that all the provisions and benefits of the act of the 28th of June, 1832, " be continued for another term of five years, to all those widows who have heretofore had the benefit of the same." Having thus collected and examined the various statutes by which, as I suppose, the case must be determined, I proceed to inquire whether the benefit of these laws, or any of them, ought now to be extended to Mrs. White. I find this question substantially answered by the opinions of my predecessors. In an opinon dated the 9th of June, 1825, and transmitted under that date to the Secretary of the Navy, the Attorney General speaks of the rights acquired by the widowxr under the 1st section of the act of March 4, 1814. Here is a certain right which the law says shall accrue to the widow on the happening of a certain event-that of her husband having died by reason of a wound received in the line of his duty on board of a private armed vessel. The law does not require either that an application should be made by her, or that any thing else should be done in order to consummate her right. It is consummated by the mere fact of the death of her husband under the circumstances already mentioned. It is a vested right to so much money per annum, for five years -subject, however, to be discontinued and defeated by her death or marriage at any time within that term; but a vested and perfect right during the time that she continued to live the widow of the deceased husband, and not defeated by her subsequent intermarriage, except from the time at which such intermarriage takes place. Such I understand to have been the uniform practice under APPENDIX I. 399 this act, ever since its adoption; and I confess that I see no reason for changing the practice. Although the foregoing observations were made in reference to a case arising under the 1st section of the act of 1814, (which section relates to private armed ships,) the principle laid down by the Attorney General is equally applicable eto other cases. HFe also says that the right of pension does not depend on the necessities of the parties. "It is given to the widows and children of' officers and men, of rich and poor, without regard to their circumstances. It is in the nature of an absolute engagement or promise made to those officers and men, that if they fall in the service of their country, so much shall be paid to their wives and children, without inquiry into the fact whether they stand in need of it or not. Nor is there any condition annexed to the promise, that the money shall be, paid /f applied for in a given time, or in a giv;en state of things. It is bottomed only on the single condition that the husband and father shall die in the service of his country; on the happening of which condition, the public engagement becomes a, debt, which is as much property, and the property of the widow and children, as any bond which the deceased may have left to them by his will." lIe therefore affirmed the validity of the practice which had obtained, as then stated to him, in the Navy Department. II accordance with these views, I am therefore of opinion that Mirs.V White is now entitled to receive the pension for five years, secured to her by the act of 1813, or by the act of 1817, as you may decide in respect to the class to which her husband belonged-(in the first, the five years will have ended the 1Sth of lAay, 1820; in the latter, on the 3d of March, 1822;)-and also for the additional five years given by the act of' 1832. In an opinion (lated the 27th of October, 1832, and transmitted to the Secretary of the Navy, the Attorney General decided that the act of June 28, 1832, embraced in its provisions the widows of the different classes therein mentioned; "and that the pension of the widow, in each case, is to commence at the end of the current or. last expired term of five years." The five years added by this law will therefore have expired, in the one case, on the 18th of May, 1825; and,:in the other, on the 3d of March, 1827. In regoard to the law of June, 18344, my first impression was that it did not include Mrs. White's case; because it seemed to me, on a cursoryv examination of the act, that "she had not therefore had the benefit" of the act of the 28th of June, 1832. But, on further refllection, I am inclined to think that Congress, by those words, meant merely to require that the widow should be one zwho was embraced within the law of 1832, and therefore entitled to its benefiJts; and who, in that sense, might be said to have "had the benefit of the same;" and that they did not intend to make the actual receipt and enjoynment of' the pension prior to the 30th of RJne, 1834, a condition precedent to the operation of the act of that date. 1 am confirmed in this opinion by another point adopted 400 APPENDIX I. and decided by the Attorney General in the opinion of the 9th June, 1825, before referred to. He remarks, in reference to the language of the acts of the 16th of April, 1818, and the 9th of April, 1824, exending pensions previously granted, (the first of which extending acts is confined to cases "where a person has. been put on the pension-list or granted a certificate of pension," under the former law; and the other of which is confined to the "6pensions of persons who now are in, the receipt thereof,") that he understands, "If a widow, whose rights commenced under the act of 1814, now, for thefirst time, makes an application for her pension under all the past acts, no difficulty arises to her now receiving all that these acts give her, provided that she still remains the widow of the deceased. I understand, also, that even where she has since intermarried before she has made any application, or has died before she has made any application, the uniform practice of the department has been not to consider the application too late for all that was due at the time of her intermarriage or death; the department having heretofore considered that as having been done which ought to have been done. It is a liberal exposition of these acts, in advancement of the public policy on which they were founded; and I see no sufficient cause to: disturb it by recommending a change." The ]anguage of the act of 1834 is certainly not so strong as that used by either of the acts first referred to; and I have, therefore, the less hesitation in applying the principle of the above extract. This will add another term of five years, to commence from the passage of the act of 1834. The result, then, is, that according to the laws, usages, and decisions above stated, Mrs. White is entitled to a pension of ten years prior to the act of the 30th of June, 1834; and, under the latter act, to a pension of five, to commence from the day of the passage thereof. To the SECRETARY OF THE NAVY. B. F. BUTLER. [51.] PENSIONs WITHHELD.-The act of the 20th May, 1836, explanatory of the act of the 25th January, 1828, to prevent defalcations, &c., places pensioners on the same footinga as if the latter act had never passed; any pensions withheld on account of that act should be refunded. OFFICE OF THE ATTORNEY GENERAL, June 27, 1836. SIR: It appears from the communication of the Commissioner of Pensions, enclosed in your letter of the 25th instant, that doubts have arisen as to the meaning of the act of the 20th May, 1836, explanatory of the act entitled "An act to prevent defalcations on the part of the disbursing agents of the government, and for other purposes;" and that my opinion is, therefore, desired on the following questions: "Shall the amount heretofore withheld from a pensioner under the act of the 25th of January, 1828, be re A-PPENDIX I. 401 funded? And, if not, at what time shall the explanatory act take effect? In answer to these inquiries I have the honor to state that, in my opinion, the intention of Congress in enacting the explanatory lawr of the 20th of May, 1836, was to place the claims and rights of pensioners on precisely the same footing as if the act "*to prevent defalcations," &e., had never been passed; and, consequently, that all moneys due to pensioners, which have been, and yet are, withheld under the construction heretofore given to that law, and for that reason only, ought to be refunded to them. The explanatory law takes effect from its date; but its operation, in the respect above mentioned is, in some sense, retrospective. To the SECRETARY OF WAR. B. F. BUTLER. [52.] PENSION WITHHELD AND PENSION RESTORED. —A larger pension formerly paid, not contemplated to be deducted from, or to merge a smaller one subsequently granted. 2. The restoration of a pensioner by law affirms his right to the pension withheld, which should not be deducted from a pension subsequently granted, if not especially required by law. OFFICE OF THE ATTORNEY GENER.AL, July 6, 1836. S[R: I have examined the two cases stated by the Commissioner of Pensions in his letter of the 2d instant, enclosed to me by your note of yesterday, and have the honor to state that, in my opinion, no deductions ought to be made from the amounts payable under the laws referred to by the Commissioner. In the case of Daniel Trabue the pension allowed by the law for his relief is only twenty dollars per annum; and it is, therefore, manifest that Congress could not have intended that the sums heretofore paid him at the rate of $260 per annum, and amounting in the whole to $1,170, should be deducted. In the case of Daniel Cobb the law provides that he be restored to the roll of revolutionary pensioners, and that payment shall only commence " from the time he was last paid his said pension." This language shows, I think, that Congress intended to affirm the right of Cobb to the pension paid him by the department, and leaves no reason to suppose that they could have intended that previous payments should be deducted. To the SECRETARY OF WAR. B. F. BUTLER. [53.] ORPHANS' PEN.SItoNS.-If the widow had married before the passage of the act of 4th July, 1836, the orphans, in her stead, are entitled to the benefit of the act. OFFICE OF THIE ATTORNEY G:ENERAL, August 3, 1836. SIR: In answer to the question proposed in the communication of the acting Commissioner of Pensions, enclosed in your letter of 33 402 APPENDIX I. the 26th ultimo, I have the honor to inform you that, in my opint ion, where a soldier embraced in the 1st section of the act of the 4th of July, 1836, has died, leaving a widow and children, and the widow has married before the passage of the act, the chill dren, within the equity of the law, and by a liberal construction of its provisions, are entitled to its benefits. To the SECRETARY OF WAR. B. F. BUTLERo [54.] HALF PAY OF OFFICERS OF TEE VIRGINIA LINE AND NAVY.-I. In those cases of vested rights, by the gratuity of law, executors and administrators, if duly constituted, are entitled to collect the same as debts due to their testators or intestates, without proving that there are heirs or creditois, but subject to their liabilities to such creditors and heirs, if there be ally; and, if th. re be none, then subject to the other consequences of the local laws applicable to such cases. 2. Contests between executors and administrators, in such cases, would be determined by the superior authority from which either derived his appointment. ATTORNEY GENERAL'S OFFICE, October 24, 1836. SIR: In your letter of the 26th of August, you asked my opinion on several questions which had arisen upon a claim presented under the act of July 5th, 1832, in the case of Charles Fearer, submitted to you by the Commissioner of Pensions. 1. The first question is as follows: "Is the department bound to pay the money in this case, without there being exhibited due proof of the existence of an heir or a creditor, proved to be such according to the regulations of this department and the laws of Virginia?" In reply to this question, I have the honor to state that, in my opinion, the act of Congress confers no authority on the department to require, from a duly constituted executor or administrator, proof of the existence of an heir or creditor. The 3d section of the act of July 5th, 1832, is in the following words: "And be it further enacted, That the Secretary of the Treasury be, and he is hereby, directed and required to adjust and settle the claims for half pay of the aforesaid regiments and corps, which have not been paid or prosecuted to judgment against the State of Virginia, and for which said State would be bound on the principles of the half pay cases already decided in the supreme court of appeals of said State; which several sums of money herein directed to be settled or paid, shall be paid out of any money in the Treasury not otherwise appropriated by law." It is true that this section does not provide, like the second, that payment shall be made to the officers " or their legal representatives;" and the opinion given by me on the 4th of March last is not technically applicable. But the same principle must be applied, because no other provision is made; although it must have been perfectly well known to Congress that in many, and probably in most cases, the officers originally entitled were dead. The moneys payable under the 3d section, like those to be paid under the see APPENDIX I. 403 ond, are therefore to be paid to the officers, "or their legal representatives;" and those representatives, when the officer is dead, are his executors or administrators, as declared by me in the opinion before referred to. The principles on which their claims are to be adjusted, settled, and paid, are those on which the half' pay cases decided by the court of appeals of Virginia prior to the passage of the act had been so decided. This being a positive direction, we have no right to look out of those cases; and as the court of' appeals did not attempt to impose, as a condition to the plaintiff's right of recovery, when the suit was brought by an executor or administrator, the burden of showing that there was an heir or a creditor, the department has no such power. The law of Virginia referred to by the Commissioner was passed on the 14th of February, 1833, and had reierence only to those cases in which the amount of the claims had been paid by the United States to the State of Virginia. That State having received the money into the treasury, it could not be paid, except by virtue of an act of her Legislature; and that body had the power to impose any condition it pleased. But the court of appeals had no power to impose any other condition than such as:was required by the original law promising the half pay. So far as regarded that court, therefore, the rights of executors and administrators were, in this case, like their rights in other cases: if duly constituted, they are entitled to collect debts due to their testators or intestates, without proving that there are heirs or creditors, but subject to their liabilities to such creditors and heirs, if any there be; and if there be none, then subject to the other consequences, whatever they may be, of the general local law applicable to such cases. 2. The Commissioner inquires "if, in this case, the Government is bound to pay the money without an heir or creditor appearing, would the department, under the circumstances, be bound to pay the administrators, without satisfactory proof that the executors could not legally claim the same?" This question is proposed in consequence of the claimants in this case being administrators de bonis non with the will annexed. They have produced due proof to show that they were appointed such administrators by a court of competent jurisdiction; and it is, therefore, to be presumed by the department that all facts necessary to such a procedure were duly established before that court. I am accordingly of opinion that the department has no right to require any further proof. To the SECRETARY OF WAR. B. F. BUTLER. 404 APPENDIX L. [55.1 WIDows AND ORPHANS OF ARMPY OFFICERS, &c.-Pensions granted by the Ist section of the act of 4th July, 1836, are to commence from the death of the party serving, in all cases where the death has occured anterior to the date of the act; and the same section embraces widows and orphans whose husbands and fathers may thereafter die in eservice, ATTORNEY GENERAL'S OFFICE, OCt. 24, 1836. Sit: In answer to the questions proposed by the Commissioner of Pensions, on the 1st section of the act of the 4th of July, 1836, granting half pay to widows and orphans, I have the honor to reply as follows: 1. In my opinion, the pension granted by this section is to commence from the day when the bill was approved and became a, law, as to all cases in which the death of the party serving had occurred anterior to that day; and, in all subsequent cases, from the time of the death of such party. Pension laws, drawn in the form used in this law, have usually been regarded in this office as vesting in the widow or children (as the case may be) a legal right to a pension from the day of the death of the husband or parent; but, as this is a new law, it cannot have the effect to give such a right for any time anterior to its passage. 2. As already intimated, I think the 1st section embraces the cases of widows and orphans whose husbands and fathers may hereafter die in the service, as well as those who had died before the passage of the law. To the SECRETARY OF WAU. B. F. BUTLER. W [56.] WIDows AND ORPHfANS OF NAVXY OFFICERS, &C. —If an officer, seaman, or marine, (a purser being considered an officer in the navy,) has died before the passage of the act of the 3d March, 1837, and left a widow, who was living at the time the act was passed, she would be entitled to a. pension under that act, if she did not marry again before the passage of the act, as such marriage estops her coming within the benefit of the act; but if she did so marry, and the decedent left children (living at the date of the act) they would be entitled, from the death of the father, till 21 years of age. ATTORNEY GENERAL'S OFFICE, April 7, 1837. SIR: In answer to the questions arising in the case of the late widow and of the children of Purser Timberlake, referred to in your letter of the 27th ultimo, I have the honor to inform you that, after due consideration of the act of 3d of March, 1837, "for the more equitable administration of the navy pension fund," I am of opinion1. That to entitle a woman, as the widow of an officer, seaman, or marine, to the pension given by the law, she must have remained in a state of widowhood. The party serving must die leaving a widow; and it is "such widow" —that is, the widow left by the decedent, and the widow of the decedent-who is entitled. irs. Timberlake, having remarried, can therefore claim no benefit under the act. APPENDIX I. 405 2. That where the decedent has left a widow and children, and the former has married, before the passage of the act, the children, within the equity of the law, and by a liberal construction, of its provisions, are entitled to its benefits. I am accordingly of opinion that the children of Purser Timberlake are entitled to the half pay granted by the first section of the act, from the death of their father, to cease on their death, or on their attatinilt the aoe of twenty-one years. To the SECRETARY OF TIE NAVY. B. F. BUTLER. [57.] WVIDOWS AND ORPHANS OF NAVY OFFICERS, &c.-A navy agent is not'' all officer, seaman, or marine," in the sense of the act of 30th June, 1834, concerning "naval pensions and the navy pension fund;" therefore his widow is not entitled to a pension under that act. OFFICE OF THE ATTORNEY GENERAL, April 7, 1837. SIR: In answer to the question proposed to me in relation to the case of Mrs. Tutt, by your letter of the 2d of February last, T have the honor to inform you that, in my opinion, the widow of a navy agent is not entitled to a pension under the-act of the 30th of June; 1834, "concerning naval pensions and the navy pension fund." The law extends only to the " widows of officers, seamen, and marines, who have died in the naval service since the I st of January, 1824," &c. Navy agents are neither officers, seanen, nor marines; nor are they in the naval service, writhin the reaning of the law. The case mentioned by Mrs. Tutt, of a pension granted to the widow of sporter at the navy-yard at Portsmlouth, is explained by the -fact stated in. your letter, viz: that the individual referred to, though acting as a porter at" the time of hlis death, was yet entered and borne on the books as a seaman. It was this latter circumstance, and this only, which entitled his widow to a pension. To thel SECRETARY OF THE NAVY. B. F. BUTLER. [ 58.] WIDOWS AND ORPHANS OF NAvY OFFICERS, &c.-The last clause of the opinion, [56,] ante, given three days before the following, anticipated in the affirmative the answer here given in relation to the title of the children of the deceased, again propounded by the Navy Department. ATTORNEY GENERAL'S OFFICE, April 10, 1837. SIn: It appears from your letter of the 30th ultimo, that Miss Catharine A. Grennell, daughter of S. IH. Grennell; sailingmaster, was paid a pension under the act of the 3d of March, 1817, until she arrived at the age of sixteen years; that she is now more than twenty-one years of age; and claims five years' additional pension, so as to make the term of twenty-one years, supposed to be authorized by the act of 3d March, 1837, " for the more equitable administration of the navy pension fund." 406 APPENDIX IL On this claim you ask my opinion. The act of the 3d of [March, 1837, was passed for the purpose of securing a more uniform and equal distribution of the navy pension fund. It intros duces several new principles; and, among others, establishes as an equitable rule, that where a pension is granted to the children, it ought to continue until they attain the age of twenty-one years. As the act ismnot only prospective, but retrospective in its operation, I think it equitable in itself, and fully warranted by he liberal construction which should be given to such a law, to pay to those children, whose pensions expired under former laws at an earlier age than twenty-one, the half pay for the balance. I am accordingly of opinion that the claim of Miss Grennell is authorized by the late act. To the SECRETARY OF THE NAVY. B. F. BUTLER. [59.] WIDows AND ORPHANS OF NAVY OFFICERS, &C. —If an officer, seaman, or marine, has died before the passage of the act of the 3d March, 1837, and left a widow who has also died before the passage of said act, her representatives are estopped by her death from coming within the benefit of the act for the previous term of her widowhood-being co-ordinate with the disqualification of previous remarriage; but if the decedent left children (living at the date of the act,) they would be entitled from the death of their father till 21 years of age, according to opinion [56.] ATTORNEY GENERAL'S OFFiCE, April 11, 1831. SIR: In your letter of the 29th ultimo you state the followinog case: "The widow of Captain Alexander Murray, of the United States navy. survived him several years, and died his widow, without having received a pension on account of his death. The legal representative of Mrs. Murray now claims the pension for the period she remained a widow, under the act of 3d of March, 1837." On this claim you ask my opinion. In reply, I have the honor to inform you, that, as Mrs. Murray died before the passage of the act under which the claim is made, I am of opinion no right to any of the benefits granted by that law was vested in her, to be passed to her representative. In similar cases arising under the general pension law of the 4th of July, 1836, I had occasion to adopt this principle; and, though many considerations may well be urged in favor of extending the law so as to reach these cases, yet it is only to Congress that they can properly be addressed. To the SECRETARY OF THE NAVY. B. F. BUTLER. * [ 60]. [ Go.] WIDOws AND ORPHANS OF NAVY OFFICERS, &c.-See opinions [56,] [59,] for the prinples reiterated here. OFFICE OF THE ATTORNEY GENERAL, April 11, 1837. Sia: In reply to the questions proposed to me by your letter of APPENDIX I. 407 the 15th ult., in the case of the late widow and of the children of Alexander Fisher, I have the honor to state, that, in accordance with the opinion already expressed in the case of the widow and children of Purser Timberlake, the widow of Mr. Fisher having intermarried, is not, and the children are, entitled to the pension granted by the act of the 3(1 MIarch, 1837. To the SECRETARY OF THE NAVY. B. F. BUTLER. WIDOWS AND ORPHANS OF NAVY OFFICERS, &c.-See opinions [56,] [59,] for the principles reiterated here. ATTORNEY GENERAL'S OFFICE, April 11, 1837. SIa: In your letter of the 15th ultimo you state the following case for my opinion: "George Hodge, boatswain, died in the naval service in 1820, leaving a widow, who died in 1835, and children who are now more than 21 years old, but who had not arrived at that age at the time of his death. Miss Eliza Hodge, one of the children, now claims a pension under the law of 3d of }March, 1837." In accordance with the rules of interpretation which I have applied to this law in other cases, I am of opinion that the children of Mr. Hodge, who were under the age of 21 years at the time of his death, will be entitled to the pension provided by the act, from the time of his death until they arrived at the age of 21 years, provided the widow did not receive a pension for any part of that time. If she did, then the payment to them must commence from the time when her pension ceased. To the SECRETARY OF THE NAVY. B. F. BUTLER. [62.] WIDOWS AND ORPHANS OF NAVY OFFICERS, &c.-See opinions [56,] [59,] for the principles reiterated here. ATTORNEY GENERAL'S OFFICE, April 11, 1837. SIR: In answer to the question proposed in your letter of the 24th ult., I have the honor to inform you, that, as Captain Joseph Bainbridge left no widow, but left an only child, then under the age of twenty-one, who is yet living, though-now over that age, I am of opinion that such child is entitled to a pension, under the act of the 3d of March, 1837, from the death of her father to the time when she attained the age of twenty-one. This result is in accordance with the rules already settled by me in the interpretation of this law. To the SECRETARY OF THIE NAVY. B. F. BUTLERI 408 APPENDIX I. L 63.] NAVY PENSIONS.-A specific pension granted to an individual, counteracts the claim of the same individual to a pension under the general provisions of an act passed on the same day; unless an election is made by the claimant to take the one and relinquish the.other. ATTORNEY GENERAL'S OFFICE, Aprili 11, 1837. SIR: I have had the honor to receive your letter of the 15th ultimo, relative to the case of Mrs. Susan Decatur. It is assumed in your statement of the case, that MArs. Decatur would be entitled to the pension granted by the act of the 3d ultimo, "for the more equitable administration of the navy pension fund," were it not for the doubt created by the passage, on the same day, of the joint resolution for her special benefit. And, on these two laws, you inquire whether she is entitled under the resolution, or under the act, or under both? This case differs firom that of Mrs. Perry, referred to in the note of Mrs. Decatur, accompanying your letter, inasmuch as the law under which Mrs. Perry ultimately obtained her pension waTs in existence at the time of his death; at which time she was also entitled (although not then aware of the fact) to its benefits. I held, in her case, that the law granting her annutity (for such it was called) could not deprive her of a pension given by a pre-existing law; and that, as Congress were presumed to be acquainted with the laws in force, the legal int-elndment must be that the annuity was designed as an additional provision, and, consequently, that she was entitled to both. After maturely considering the history of the general and special provisions on which the present case depends, I am of opinion that but one pension can be allowed; but if the general provision includes the case of Mrs. Decatur, then I am of opinion she is entitled to take under that provision, or under the joint resolution, at her election. To the SECRETARY OF THE NAVY. B. F. BUTLER [64.] WIDows AND ORPHANS OF NAVY OFFICERS, &c.-See opinions [55,] [59,] for the principles reiterated here: But grandchildren are excluded. ATTORNEY GENERAL'S OFFICE, April 12, 1837. SIR: It appears from the papers enclosed in your letter of the 8th instant, that Commodore Samuel Barron died in the year 1810, leaving a widow and two children (a son and daughter) of tender age; that his widow died in 1818; that the son, Lieutenant Barron, of the navy, is yet living, and is now 28 years of age; that the daughter died in 1821, being then 23 years of age, leaving one child, (a daughter,) who is yet living, and now the wife of G. Wd. Camp; and that the son and granddaughter now claim a pension under the act of the 3d of March last, "for the more APPENDIX I. 409 equitable administration of the navy pension fund." On the validity of this claim you ask my opinion. In accordaunce with the decisions already made on this law, I am of opinion that the son of Commodore Barron will be entitled to one-half of the pension given by it from his father's death to the death of his sister; and to the whole pension from that time to the time when he arrived at the age of 21 years; provided (as I presume was the fact) no pension was received by his mother. On the other hand, it is evident that Mrs. Camp, the granddaughter, is not entitled by the terms of the law; because the pension, in the event of there being no widow, is confined to the children of the decedent; and, when received by them, is to cease on their death, or on their attaining the age of 21 years. Grandchildren are thus plainly excluded. According.to the opinion expressed by me in the case of the personal representatives of Mrs. Murray, the widow and daughter of Commodore Barron, having each died before the passage of the law, had no right which they could transmit to their personal representatives; and consequently Mrs. Camp's claim is, in this respect, also invalid. To the SECRETARY OF THE NAVY. B. F. BUTLER. [ 65.] MILITARY PENSIONS.-If a soldier dies after the 4th of March, 1831, and before the 7th June, 1832, and leaves a widow who dies before the 7th of June, 1832, the children of the widow, if not children of the deceased soldier, are not entitled to a pension, (but if children of the soldier, they are entitled.)* ATTORNEY GENERAL'S OFFICE, April 13, 1837. Sin: In the memorandum of the honorable Mr. Hubbard, en-. closed in your letter of the 24th ultimo, the following case is stated: "In case a soldier dies before the 7th of June, 1832, and after the 4th of March, 1831, and leaves a widow, and she dies also before the 7th of June, 1832, are his children entitled to the pension from March, 1831, to the day of his death; or does- the pension go to the children of the widow?" In answer to your request for my opinion on this subject, I have the honor to inform you that, in my opinion, the children of the soldier, and not the children of the widow, are entitled to the pension from the 4th of March, 1831, to the time of his death. To the SECRETARY OF WAR. B. F. BUTiLER. [66.] WIDOW'S AND ORPHANS OF MILITATY OFFICERS, &C.-1. Under the 3d section of the act of the 4th July, 1836, the widows and orphans of officers and soldiers, who had died of wounds received in the military service, or may, after the passage of the said act, die in consequence of such wounds, are entitled to the pension provided by that * A number of other opinions reiterating these principles, expressed from [56] to [64] are omited as superfluous labor imposed on the Attorney General, by repeated inquiries f the department. 410 APPENDIX I. act. 2. The same is extended to the widows of officers who were living when the act of 7th June, 1832, was passed. 3. The children of a widow who was living on the 4th July, 1836, and was entitled to the benefit of the 3d section of the act of that date, can draw the amount due up to the date of her death, although she failed to apply. 4. In all cases where the husband was in the receipt of a pension under any of the revolutionary pension acts, until the time of his death, the pension of the widow, under the act of the 4th July, 1836, can only commence from the date of her husband's death. 5. The agent for paying pensions is not the accounting officer meant by the 4th section of the act of July 4, 1836, which evidently refers to some officer of the Treasury Department-the section having been evidently passed under an entire misapprehension of the mode in which the business is transacted. OFFICE OF THE ATTORNEY GENERAL, April 13, 1837. SIR: I proceed to state my opinion on the several questions arising on the act of the 4th of July, 1836, "granting half pay to widows or orphans where their husbands and fathers have died of wounds received in the military service of the United States, in certain cases, and for other purposes," submitted in the communication of the Commissioner of Pensions, referred to me by your letter of the 24th ultimo. " 1. Whether the 3d section provides for the widows of officers and soldiers who have died since the 4th of July last?" In my opinion, it does not. The words used in the 3d section, "'if any person who, &e., have (lied," in their grammatical sense, do not extendt to future cases, and it must be presumed that Congress intended to use them appropriately; especially when it is perceived that in the first section the second future "shall have died" is used —evidently with intent to embrace not only past cases, but those which might afterwards occur. "2. Whether it extends to the Widows of officers who wVere living at the time when the act of June 7th, 1832, passed?" With some hesitation, I think it most agreeably to the general spirit of this law to answer this question in the affirmative. The main enacting part of the section is broad enough to embrace all persons who served in the manner specified, who died before the passing of the act; and though the concluding words " if living at the time it [the law of 1832] was passed" are calculated to excite doubts as to the real intent of Congress, yet they are not, perhaps, sufficiently strong to limit the comprehensive language of the former part of the provision. " 3. Can the children of a widow, who was living on the 4th of July last, and was entitled to the benefits of the 3d section of the act, now draw the amount due up to the day of her death, although she failed to apply?" According to several opinions heretofore given in this office, especially in navy pension cases, the right of the widow under the act is to be regarded as a vested interest accruing on the passage of the law, and not defeated by the omission to apply for it; and it goes, as such, on her death, to her personal representative: there being no special provision in the law giving it a different direction. 4. 1 am of opinion that, in all cases where the husband was in the receipt of a pension under any of the revolutionary pension APPENDIX I. 411 acts, until the time of his death, the pension of the widow, under the act of the 4th of July, 1836, can only commence from the date of her husband's death. TEiis is evidently the general principle of the law; and by this construction there will be no occasion to make deductions, nor will any of the difficulties arise which have been suggested by the Commissioner. 5. I think the agent for paying pensions is not the " accounting officer" intended by the 4th section of the act, which evidently refers to some officer of the Treasury Department. But the section was evidently passed under an entire misapprehension of the mode inll which the business is transacted. No "warrant" is issued, nor indeed can one be issued, to the attorney of the pen, sioner. The only " warrant" employed in the transaction, as I understand, is the general one for such sum as is deemed necessary to be placed in the hands of the pension agent; the pensioners, after receiving their certificates, are inscribed on the pension roll, and, being so inscribed, on proof of the life and identity, are paid personally, or through their attorneys, without any special warrant or other treasury order. The section, in its present form, is therefore wholly nugatory; but the Secretary of War is empowered to prescribe regulations, and the one stated by the Commissioner effects the object which Congress had in view. It does not seem to me to require any alteration. 6. The construction given to the 3d section, in respect to widows who have married since the death of the husband performing the service, as stated by the Commissioner, was, in my judgment, the correct one; but, by the explanatory act of the 3d ultimo, the benefits of the provisions are extended to such persons. To the SECRETARY OF W~AR. B. F. BUTLER. [67.] NAVY INVALID PENSIONS.-Pensions granted to invalids before the passage of the act of the 3d March, 1837, according to the rates of disability, are required by the 2d section of that act to commence from the date of their disability, but are not entitled to be increased under that section. ATTORNEY GENERAL'S OFFICE, Nov. 10, 1837. SIR: I have examined the correspondence between the department and Commodore Jones, relative to his claim to arrears of pension under the act of the 3d of March, 1837, "for the more equitable administration of the navy pension fund;" and have the honor to state that, in my opinion, the 2d section of' that act plainly adopts the pay of the navy as it existed on the 1st day of January, 1835, as the standard for all cases coming within th at section; and that I do not see any legal warrant for a differe nt construction. There is certainly much difficulty in perceiving any equitable ground for increasing the pension, as to past cases, beyond one half of the pay to which the party was from time to tirne entitled; but Congress had the power to do it, and the words employed seem to me to be imperative. To the SECRETARY OF THE NAVY. B. F. BUTLER. 412 APPENDIX I. [ 68.] NAVY PENSIONS TO WIDOWS.-The widow of any person borne on the ship's books as one of the crew, and is amenable to martial law, being therefore a seaman, is entitled to a pension. ATTORNEY GENERAL'S OFFICE, fO'V0. S1, 9 827. SiR: In reply to your letter of the 3d instant, in relation to the claim of Mrs. Proctor, I have the honor to inform you, that if (as I understand is the fact) the steward serving on board a ship-ofwar is borne on the ship's books as one of the crew, and is amenable to martial law, I think he must be regarded as a sea, man, within the pension laws, so as to entitle his widow to a pension. In the particulars stated, such a case is entirely distinguishable fi~om that of the hospital steward to which you refer. To the SECRETARY OF THE NAVY..F. BUTLER. [ 69.] NAVY INVALTD PENSIONS.-A pension granted to an invalid before the passage of the act of 3d March, 1837, for less than complete disability, must prove the existence of a greater disability before his pension can be increased under the 2d section of that act. This completes opinion [67] in the case of Commodore Jones. ATTORNEY GENERAL'S OFFICE, VNoV. 21, 1837. SiR: On a reconsideration of my opinion in the case of Commodore Jones, pursuant to the request contained in your letter of the 18th instant, I perceive that it does not determine the question whether his case, as stated in your letter to him, and in your last communication to me, cones within the 2d section of the act of Mlarch 3, 1837, as expounded in my opinion. That question I shall now endeavor to solve. Had Commodore Jones never received a pension for the injury sustained by him, he would now be entitled, (according to the principle settled in my former opinion,) on proving the degree of his disability, to the proper proportion of the pay of a lieutenant, as it existed on the 1st of January, 1835; and although he has been in the receipt of a pension under a certificate granted by the commissioners for the management of the pension fund, and under the special act of Congress approved on the 10th of lMay, 1834, I do not think he is thereby prevented from claiming the like benefit of the act of 1837. But, as it appears from your statement that neither the pension certificate granted to him on the 1st of July, 1828, nor the act of Congress of the 10th of MIay, 1834, is, in words, haaf pay; and that neither of them declares his disability to be a total one, so as necessarily to entitle him to half pay; and as you do not consider these acts as proving that. the disability was total, I cannot say that he is entitled, on the mere production of the certificate, to have his pension regulated according to the pay of a lieutenant as it existed on the 1st of January, 1835. The claim to be paid his arrears at the rate of APPENDIX 1. 413 twenty-five dollars per month, being half the pay of a lieutenant on the 1st of January, 1835, depends, as I understand the case, on the question whether the disability was total or not; and if the disability has not already been proved to be of that character, such proof must now be made, precisely as if no pension had been paid, before the party can now be entitled to arrears at that rate. To the SECRETARY OF TEA NAVY. B. F BUTLER. [ 70.] NAVY PENSIONS TO WIDOwVs.-By acts of July 20, 1813, and March 4, 1814, though not by that of 3d March, 1837, the widow of a person who has died of wounds received in the line of his duty in the service, though the death should have occurred after he had left the service, is entitled to a pension. ATTORNEY GENERAL'S OFFICE, April 6, 1838. SiR: In reply to the question arising in the case of Peter Gordonll, and proposed by your letter of the 6th of February, 1838, I have the honor to state that, in my opinion, the first section of the act of the 3d of March, 1837, is confined to cases where the death occurred whilst the person was in the naval service. But, under the navy pension act of January 20, 1813, and the second section of the like act of the 4th of March, 1814, it does not appear to me that the death need occur in the naval service, provided it be proved to have been occasioned by a wound received whilst in the service and in the line of his duty. To the SECRETRY OF THE NAVY. B. F. BUTLER. [71.] WIDOWs' PENSIONS.-The act of July 7, 1838, was intended to provide pensions for widows who were not embraced in the 3d section of the act of July 4, 1836, or other prior laws. ATTORNEY GENERAL'S OFFICE, August 24, 1838. SIR: In answer to the question arising in the case of Miary lNeale, as stated in the communication of the Commissioner of Pensionsj referred to me by your letter of the 14th instant, I have the honor to state that, in my opinion, those widows who have obtained and are now receiving pensions under the third section of the act of the 4th of July, 1836, are not within the equity or design of the recent act of July 7, 1838. We must look at this last act as a part of' the general system of the revolutionary pensions; and, so regarding it, there can be no room to doubt that the intent of Congress was to provide for a class of widows not embraced in the prior laws, and not to give to widows already on the pension list an additional pension. It is true there is no section or clause expressly excluding such persons from the benefit of the law; but I think they are excluded by its obvious intent. I adopt this conclusion with the less hesitation, because, 414 APPENDIX I. should I have mistaken the real design of Congress in this respect, my error may readily be corrected by a supplementary law. To the SECRETARY OF WAR. B. F. BUTLER. [72.] NAVY INVALID PENsIoNs. —Invalids disabled previous to the passage of the act of 23d April, 1800, which established the navy pension fund, are not entitled to its benefits. ATTORNEY GENERAL'S OFFICE, September 3, 1838. SIR: You state in you letter of the 31st of August last, that Commodore David Porter claims a pension for wounds received in the line of his duty in the naval service, prior to the 23d of April, 1800, (the date of the law which established the navy pension fund;) and nmy opinion is requested, whether your department has authority to grant pensions for deaths or disabilities which occurred before the pension fund was established. My opinion is, that no such authority exists. Upon an examination of' the act of 23d April, 1800, no expression is found indicating an intention on the part of' Congress that the fund then provided should be subject to cases which had occurred before that time. The 2d section of the act of the 3d of 3March, 1837, it is believed, cannot be so construed as to embrace a class of persons not included in former laws. The only object of that section is to make the pensions more ample in behalf' of those entitled under pre-existing laws. To the SECRETARY OF THE NAVY. FELIX GRUNDY. [73.] VIRGINIA REVOLUTTIO0ARY PENSIONS.-The views of the Secretary of the Treasury, in relation to Virginia revolutionary pension claims under the act of' July 5, 1832, [133] ante, p. 164, are concurred in by the Attorney General: but neither the opinion, nor the note of the Commissioner of Pensions referred to him by the acting Secretary of War, state the question at issue. ATTORNEY GENERAL'S OFFICE, September 10, 1838. SIR: In answer to your inquiry contained * in the letter of Mr. Edwards, Commissioner of Pensions, of the 3d instant, I would *Note.-The following letter shows the ground of the above opinion: WAR DEPARTMENT, PENSION OFFICE, September 3, 1838. SIR: I respectfully submit the case of the heirs of William Vawters, deceased, who claim the benefits of the act of July 5, 1832, entitled " An act to provide for liquidating and paying certain claims of the State of Virginia," in order that the opinion of the Attorney General may be obtained on the subject. The question is, whether this department should adhere to the decision of the Treasury Department, as contained in the letter of the honorable Louis McLane, of the 10th of December, 1832; or be governed by the principles contained in the report of the Committee on Revolutionary Claims of the House of Representatives, of the 26th of January, 1835. Both these papers will be found in document No. 121, H. R., 2d session 25th Congress, a copy of which is herewith enclosed. I have the honor to be, very respectfully, your obedient servant, J. L. EDWARDS. Major S. CooPER, Acting Secretary of War. APPENDIX I. 415 say, that upon an examination of the opinion given by Mr. MeLane on the 10th of December, 1832, I see no reason why it should not be adhered to. It contains, in my judgment, the true interpretation of the existing laws on the subject; and a departure from it by your department would be unauthorized by law. The report of the committee of the House of Representatives of January 26, 1832, may be a proper basis for the action of Congress, but can by no means warrant your department in doing that which it is alone competent for Congress to do. To the SECRETARY OF WAR. FELIX GRUNDY. [74.] WT[DOWS' REVOLUTIONARY PENSIONS.-Widows, whose husbands served in the revolutionary war, having married again before the passage of the act of the 7th July, 1838, are excluded from its benefits, upon the same principle that the pensions of those widows who marry after the passage of the act are discontinued on the event of their second marriage. ATTORNEY GENERAL'S OFFICE, September 18, 1838. SIR: In your letter of the 17th instant, you propose the following question for my opinion: "Is a widow,'whose husband served six mnonths during the revolutionary war, and who was married to him prior to the year 1794, excluded from the provisions of the act of the 7th of July, 1838, in consequence of having married after the death of her husband, on account of whose service she claims?" The 1st section of the act of the 7th of July, 1838, is as follows "Be it enacted by the Senate and House (f Representatives of the LUnited States of America in Congress assembled, That if any person who served in the war of the revolution, in the manner specified in the act passed the seventh day of June, eighteen hundred and thirty-two, entitled'An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution,' have died, leaving a widow, whose marriage took place after the expiration of the last period of his service, and before the first day of January, seventeen hundred and ninetyfour, such widow shall be entitled to receive, for and during the term of'five years from the fourth day of March, eighteen hundred and thirty-six, the annuity or pension which might have been allowed to her husband in virtue of said act, if living at the time it was passed: Provided, That, in the event of thle marriage of such widow, said annuity or pension shall be discontinued." It is upon this section, and no other provision of law, that the class of claims embraced in your question is to be allowed or rejected. It cannot be believed that Congress intended to, and did, provide for a discontinuance of a pension already granted, upon the event of the widow's second marriage, and still that such marriage should not prevent the allowance of the pension in the 416 APPENDIX I. first instance, when the second marriage took place before the pension was granted. I am, therefore, of opinion that the Commissioner of Pensions decided correctly in rejecting this class of claims. To the SECRETARY OF WAR. FELIX GRUNDY. 75.] PENSIONS TO PAYMASTERS' WIDows.-A paymaster being a cornmmissioned officer in the military service, his widow is entitled to a pension under the provision of the 15th section of the act of 16th March, 1832. ATTORNEY GENERAL'S OFFICE, AllarCh 22, 1839. SIR: By yours of the 15th instant, my opinion is aslked whether the widows and children of paymasters of the army are entitled to the benefit of the 15th section of the act of the 16th of March, 1832, fixing the military peace establishment of the United States? It was decided by my immediate predecessor, in an opinion given on the 16th of March, 1836, that the 15th section of the act referred to was still in force. Adopting that opinion (which accords with my own) as correct, the only inquiry is, Does it embrace paymasters? The language is, "That if any commissioned officer in the military peace establishment of the United States shall, while in the service of the United States, die by reason of any wound received in actual service of the United States, and leave a widow," &c. Paymasters are nominated by the President, and confirmed by the Senate, and then commissioned by the President. They are then commissioned officers; they belong to the military branch of the public service, and are at all times subject to the orders of the War Department. It therefore seems to me that they are clearly within the terms and meaning of the 15th section of the act of' the 16th March, 1832; and, of course, my opinion is, that the widow and children are entitled to the benefit of the provisions of said section. To the SECRETARY OF WAR. FELIX GRUNDY. [76.]3 WInows' NAVY PENSONs.-The arrear of pension granted to officers, seamen, and marines, by the act of 3d March, 1837, though the decedent had received no part of it, must be paid to his widow or his legal representatives. ATTORNEY GENERAL'S OFFICE, March 23, 1839. SIRm I have the honor to acknowledge the receipt of yours of the 9th ultimo, in which you state that Hamlet Moore, a navy pensioner, died on the 19th of October, 1838; that, under the act of C(ingress of the 3d of Mlarch, 1837, for the more equitable administration of the navy pension fund, he was entitled to arrears APPENDIX I. 411 of pension from the date of his injury received in the naval service. And my opinion is asked, whether his arrears of pension, not being received by him in his lifetime, shall revert to the navy pension fund, or be paid to his legal representatives? The second section of the act referred to declares "that the pensions which may have been granted to officers, seamen, and marines in the naval service, disabled by wounds or injuries received while in the line of their duty, shall be considered to commence from the time of their being so disabled," &c. So soon as this law passed, the pensioner became entitled, in my opinion, to his arrearages of pension, as fully as he was to the pension itself; and although he died without having received what was due to him, still the money does not belong to the navy pension fund, but must be paid over to his legal representatives. To the SECRETARY OF THE NAVY. FELIX GRUNDY. L 77.] NAVY WIDOWs' PENSIONS. —The widow of a deceased officer temporarily employed in a higher grade, without commission in that grade, though with a reasonable expectation, amounting even to moral certainty, of receiving promotion to such grade, is only entitled to a pension from the time of his death at the grade of his actual commission. ATTORNEY GENERAL'S OFFICE, April 27, 1839. SIR: I have had the honor to receive your communication of tEe 25th instant, relative to the claim of Mrs. Coxe, as widow of J. S. Coxe, who died in the naval service of the United States. Mrs. Coxe now claims the same pension to which she would have been entitled had her husband been actually appointed a lieutenant before his death, on the ground that he had been acting as lieutenant, and in that capacity had rendered very meritorious services; and on the ground, also, that he had been nominated by the President to the Senate for promotion to a lieutenancy; and which nomination would undoubtedly have been confirmed, had he not died before tbhe action of the Senate could be had thereon. The question for my opinion is, whether she is to receive a pension on account of her deceased husband as a midshipman or lieutenant? My opinion is, that his acting as lieutenant, and his being nominated by the President for promotion, could not change his rank until the confirmation of the Senate. This confirmation was prevented by his death. He died a midshipman, and his widow must receive a pension accordingly. To the SECRETARY OF THE NAVY. FELIX GRUNDY. 34 .418 APPEINDIX 1. [78.1 NAVY WIDOWS' PENSIONS.-The widow of a deceased officer of the navy, who had previously enjoyed a like commission, but by its resignation had become a private citizen, in the interval, cannot claim a pension at the rate of the-pay he might have enjoyed under a continuous commission, but only at the rate computable from the commission he held at his death. ATTORNEY GENERAL'S OFFICE, June 1, 1839. SIR: I have had the honor to receive your communication of yesterday, relative to the pension which should be allowed to the widow of Doctor James Page, late a surgeon in the navy of the United States. It appears that he was commissioned as a surgeon in the navy in 181 11; that he resigned in 1824; was reappointed in 1827; and died in the naval service in 1832. His widow now claims a pension as having been the wife of a surgeon of more than twenty years standing in the navy. My opinion is, that she is not -entitled to a pension upon the principle set up by her. The two commissions, and the service under them, cannot be united for the purpose of justifying a claim for the amount claimed by the petitioner.'When he resigned his first commission, he became a private citizen; and had he died before his second appointment, his widow would have been entitled to no pension whatever; and it is only by virtue of his second commission that she is entiled to a pension at all; and, in my judgment, the law will not warrant the taking into view his services under the first commission, in computing the time which is to determine the amount of the pension of his widowxv.. Therefore, it seems to me she is entitled to a pension as the widow of a surgeon who was commissioned in 1827 and died in 1832. To the SECRETARY OF THE NAVY. FELIX GRUNDY. [79.] REVOLUTIONARY PENSIONS OF THE ACT OF 7T9 JUNE, 1832, modified, restricted, and extended.-The provisions of the act of the 7th June, 1832, allowing pensions to cero tain officers, soldiers, seamen and marines, of the revolution, and, in the event of their death, to their widows or children, are modified and restricted by the 3d section of the act of July 4, 1836,so as to bar the widows from the time of their subsequent marriage but said' bar imposed by said act of July 4, 1836, is annulled by the act of 3d March, 1837, if said claimants were again widows at the time of the passage of said act of July 4, 1836: and the said act of July 4, 1836, is again modified by the joint resolution of the 7th July, 1838, by declaring that the benefits of the 3d section of said act of July 4, 1836,shall not be withheld from any of such widows whose second husband, whether revolutionary or not, has died since the passage of said act of July 4, 1836, or may hereafter die, in her lifetime-consequently embracing and providing for the widows of' revolutionary officers, soldiers9 seamen, and marines, who married a second time, no matter whom, whenever they shall again become widows. ATTORNEY GENERAL'S OFFICE, Octobe'r 2, 1839. SIR: In answer to yours of the 26th ultimo, I will remark, that I have examined the different acts of Congress in relation to the pensions provided by law for the widows of the officers and sol APPENDIX I. 419 diers of the Revolution; and the following construction of them seems to be most consonant with the principles of law, and the intention of Congress in passing therm. The 3d section of the act of 1836 is as follows: "That any person who served in the war of the Revolution, in the manner specified in the act passed the 7th day of June, 1832, entitled'An act supplementary to the act for the relief of certain surviving officers and soldiers of the Revolution,' have died, leaving a widow whose marriage took place before the expiration of the last period of his service, such widow shall be entitled to receive, during the time she may remain unmarried, the annuity or pension which might have been allowed to her husband, by virtue of the act aforesaid, if living at the time it was passed." This act gave the pension of the revolutionary officer or soldier to the widow; but her second marriage barred the claim, it being the intention of Congress only to provide for her while she remained the widow of the officer or soldier. On the 3d of March, 1837, Congress made the following provision: " That the benefits of the third section of the act entitled'An act granting half pay to widows and orphans where their husbands and fathers have died of wounds received in the military service of the United States, and for other purposes,' approved the 4th day of July, 1836, shall not be withheld from any widow, in consequence of her having married after the decease of the husband for whose services she may claim to be allowed a pension or annuity under said act: Provided, That she was a widowl: at the time it was passed." This annuls the disability to claim produced by the second marriage, which existed under the former law; still, to entitle the claimant to the benefit of its provision, she must have been a widow on the 4th of July, 1836. On the 7th July, 1838, the following joint resolution, which had passed both Houses of Congress, was approved by the President of the United States: "6Resolved by the Senate and Hiouse of Representatives of the United States in Congress assembled, That the benefits of the third section of an act entitled'An act grantingf half pay to widows or orphans, where their husbands and fathers have died of wounds received in the military service of the United States, in certain cases, and for other purposes,' approved the 4th day of July, 1836, shall not be withheld from any widow whose husband has died since the passage of the said act, or who shall hereafter die, if said widow shall otherwise be entitled to the same." In placing a construction upon this resolution, and deciding upon the class of individuals to be embraced by it, reference should be had to the law as it stood when this resolution was adopted. The wife of the officer or soldier was provided for by the act of 1836, if he had died before the passage of the law, and she remained a widow at the passage of the act. Also, by the act of 1837, those widows were provided for who 420 APPENDIX I. had married again, provided the second husband had died before the passage of the act. The resolution was then passed, which repeals or annuls all former restrictions as to the time of the death of the husband; and the only doubt which can be raised is, whether the death of the husband referred to in the resolution is to be confined to revolutionary officers or soldiers, or any other husband to whom the widow of the officer or soldier may have been married after the decease of the former husband, who was an officer or soldier of the Revolution? As the act of 1837 had removed the objection to the second marriage, and allowed the pension to the widow, although she had married again, provided she was a widow on the 4th of July, 1836; and as the resolution removes the impediments as to the time of the death of the husband,-I think a just construction of the resolution, when taken in connexion with the former acts, will embrace the widows of revolutionary officers and soldiers who married the second time, whenever they shall again become widows. To the SECRETARY OF WAR. FELIX GRUNDY. [80o.] PENSION AGENTS' CONTINGENT EXPENSES.-The contingent expensesof pension agents, in performing their official duties, should be paid; as the prohibitions of the act of April the 20th, 1836, could only have been meant to stop the two per cent. commissions which had been previously allowed them for paying lensions, but not to impose an insuperable impediment to the performance of their duty. ATTORNEY GENERAL'S OFFICE, October 12, 1839. SIR: I have had the honor to acknowledge the receipt of yours of the 9th instant, enclosing a letter from the Commissioner of Pensions, stating two cases upon which my opinion is asked. 1. Robert King, pension agent at Knoxville, Tennessee, charges for stationery, printing blanks, &c., for the use of the agency, the sum of $333 75, from June, 1834, to May, 1838, inclusive; in support of which, he has produced the necessary vouchers. 2. B. M. Lowe, pension agent at Huntsville, Alabama, charges for the transportation of $9,000 in specie from Pontotoc, in Mis-:sissippi, to Huntsville, Alabama, the sum $75; and $37, the aliount of discount on a Treasury warrant on Pontotoc for $3,137. These accounts (except the last item in Mr. Lowe's account, which requires some explanation) the Commissioner of Pensions, in his letter, Says are no doubt correct; and, according to the former practice in such cases, would be paid. The question arising upon these facts, and presented for my opinion, is, whether the act of Congress approved the 20th of April, 1836, entitled "An act to prescribe the mode of paying pensions heretofbre granted by the United States," forbids the payment of these claims? APPENDIX I. 421 The act upon which this question arises is in the following words: "That all laws and parts of' laws authorizing or requiring the Bank of the United States or its branches to pay any pensions granted under the authority of the United States, shall be, and the same are hereby, repealed; and such payments shall be hereafter made at such times and places, by such persons or corporations, and under such regulations, as the Secretary of War may direct; but no compensation or allowance shall be made to such persons or corporations for making such payment, without authority of law." In order to determine the proper construction of this act, it will be necessary to recur to those circumstances in which it had its origin. It appears that, prior to the establishment of the Bank of the JUnited States in 1817, the pensioners were paid by the commissioners of loans, who received two per centum on all sums disbursed by them. After the establishment of the Bank of the United States, the pensioners were paid, without charge to the United States, by that bank and its branches, except in places where no branches had been established; and in those places the agents were allowed two per centum on all sums disbursed; and their accounts were paid for contingent expenses, such as stationery, printing, transportation of specie, &c. Such was the usage warranted by law, when Congress passed the act of April 20, 1836. This act dispenses with the agency of the Bank of the United States, and provides "that the Secretary of War shall thereafter make the payments by such persons or corporations, and under such regulations, as he may direct; but no compensation or allowance shall be made to such persons or corporations for making such payments, without authority of law." It should! be here remarked, that the commissioners of loans had received two per centum on the sums paid out by them to pensioners prior to the year 1817; and all other agents after that time, except the United States Bank and its branches, received the same compensation. And, in addition, their accounts for stationery, printing, &c., were paid. These terms, "no compensation or allowance," may well be satisfied by making them operate upon the two per centum. which had been previously allowed to the pension agents. To make this provision extend to a prohibition of the reimbursement of moneys actually expended for the use of the Government, would be, as it seems to me, doing violence to the language employed in the act, and by construction enlarging its prohibitions, so as to do injustice to individuals engaged in the discharge of a meritorious public service. It is not to be believed that Congress intended that such should be the effect of any act passed by that body; on the contrary, a fair construction of that act, deduced from its history and its language, is, that no compensation or allowance shall be made for the personal services of a pension agent. But the payment of necessary contingent expenses is not prohibited. 422 APPENDIX I. It will be perceived that I have not taken into view the last; item of Mr. Lowe's account, because the Commissioner of Pensions expressed the opinion that some explanation relative to that item ought to be given by Mr. Lowe. Agreeably to the foregoing opinion, the account of Mr. King should be paid, and also the first (of $75) in the account of Mr. Lowe. To the SECRETARY OF WAR. FELIX GRUNDY. [81.] REVOLUTIONARY INVALID PENSIONS-If the widow of a revolutionary pensioner is die rected by law to be placed on the pension roll, at the same rate that her husband received before the passage of said law, or order; and it turns out that she had died before the passage of such law in her behalf; but leaving children, then the children are entitled to the arrear, under the provision of the act of 2d March, 1829; and the share of an absent child or (hildren shall be reserved for them, but if no children, then the arrear to go to the legal representatives of the deceased pensioner. ATTORNEY GENERAL'S OFFICE, May 25, 1840. SIR: I had the honor to receive your letter of the 21st instant, requesting my opinion relative to the construction of the act of 3d of March, 1839, granting a pension to Mary Updegraff. That act provides "that the Secretary of War be directed to place the name of Mary Updegraff, widow of Isaac Updegrafi, deceased, and late a pensioner of the United States, on the roll of revolutionary pensioners; and pay the same amount of pension per annum which her said husband received in his lifetime; the same to commence and take effect at and from the first of March, eighteen hundred and thirty-one; to be paid out of any money in the treasury not otherwise appropriated." From the documents submitted by the Commissioner of Pensions, it appears that Mary Updegraff died on or about the 17th of February, 1839, leaving the following named children, who now reside in Pennsylvania, viz: Elizabeth Alexander, Lucretia Beatty, Abrahaml Updegraff, and Peter Updegraff. The deceased had another son, John UpdegratT, who left home twenty-eight years ago, and has not since been heard from. In reply to your first inquiry-whether " it was the intention of the law to give the pension to the legal representatives, or to the children of the deceased, in- case she should not live to apply for the amount provided by the act,"'-I have to say, that I consider the language of the law imperative in directing the name of Mary Updegraff to be placed " on the roll of revolutionary pensions," and also in directing the payment of the arrears of pension from the first of March, 1831, to the time of her death. The person to whom the payment is to be made not being designated, we must be guided by the legislative regulations relative to the payment of revolutionary pensioners. The second section of the act of 2d of March, 1829, which embraces such of those regulations as are applicable to the present case, provides, that " whenever APPENDIX I. 423 any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments under this act shall be made to the widow of the deceased pensioner, or to her attorney; or, if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and if no child or children, then to the legal representatives of the deceased." In accordance, therefore, with these priovisions, I am of opinion that the payment should be made to the children of Mary Updegraff. In reply to your second inquiry, whether "the four children known to be living are to receive all that is due; or whether a fifth part is to be reserved, in case application should be made by John Updegra$f or his legal representatives, if he is dead; I have to say that, in my opinion, the share in question should be reserved. Although the lapse of time is sufficient to raise strong probability of the death of John Updegraff, yet the subject is one of which the decision properly belongs to the judicial tribunals of the State of Pennsylvania. It the proper court of probate shall be satisfied of the fact, after the usual mode of proceeding in such cases, and shall see fit to grant letters of administration, the department would be then justified in regarding him as dead, but not otherwise. To the SECRETARY OF WAR. H. D. GILPIN. [82.]' PENS[ON TO MINISTERs.-Commodore Porter, who is borne on the pension-roll at the rate of forty dollars per month, is entitled both to his pension and his regular pay as minister at Constantinople." OFFICE OF THE ATTORNEY GENERAL, ~/Jay 26, 1842.* SIR: The following question, submitted to you by the Second Comptroller, has been considered by me: " Captain David Porter, minister at Constantinople, is borne on the navy pension-roll at the rate of $40 per month. I have respectfullyto inquire whether he is entitled to his pension under the law of August 16, 1841, c. 68, while he is in the receipt of his pay as minister?" I am of opinion that the case of the minister at Constantinople does not * For the. abstracts prefixed to each of the opinions of Attorneys General from this date, we are indebted to the recent edition of these opinions, where we find the plan pursued not very different from that we had adopted for the opinions preceding that date, compiled from the first edition, which had no abstract of their general import prefixed to them. And although they do vary, in some respects, from the method we had thought most eligible to apply to those preceding that date, the difference is not so material as to induce us to make any exception to them. However, from such an exhibit of the shades of difference between the two modes of making those abstracts, some utility may be derived to the public; whilst we are confident no substatial discrepancies will be found, to justify any exception being made. For a further remark on the plan we had previously adopted, see the introduction: For example, we would rather not have headed this "Pension to Ministers," because the principle applies to all civil officers. In deference, however, to the esteemed editor of these continuations of opinions, we quote his abstracts, 424 APPENDIX I. fall within the second section of' the act of August 16, 1841, which seems confined to persons in the naval service. To the SECRETARY OF THE NAVY. 1. S. LEGARE. [83. ] "PENSIONS -TO WIDOWS OF OFFICERS UNDER THE ACT OF 1838.-The widows of officers who were dead at the passage of the act of 1832, but who, if alive, would have received pensions under it, are not entitled to the benefit of the act of 1838." "Mr. Butler's opinion on the same subject commented on —its correctness doubted." OrFFICE OF THE ATTORNEY GENERAL, M1Cay 31, 1842. SIR: I have had the honor to receive and to consider your observations of the 30th instant, on the construction heretofore put upon the words of the act of July 7, 1838, in relation to pensions to be paid to the widows of officers who have died, and who, but they were dead at the time of the passing of the act of 1832, would have received their pension under this latter act. Considering it as res integra, I should say that the case of a widow whose husband actually received his annuity under that act, is not within the provisions of the statute of 1838. Besides that, the words do not embrace the case; and, besides the difficulty-insuperable, it appears to mec-in the way of a widow drawing pay from the 4th March, 1836, when her husband happens to have survived that epoch, the 4th section of the act of 1832 provides expressly for the case of an officer dying "during the period intervening between the semi annual payments directed to be made." The provision is, "that the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person, shall be paid to his widow." The act of 1832, therefore, contemplates the case of a husband entitled under it, and gives the widow all he would have received, and no more. The act of 1836 took up a case not within that of 1832. It provides for a certain description of wife who was totally excluded from all benefit under that act by the death of her husband. The act of 1838 goes a little further. It extends to another description of wives; but it still contemplates them as having been so situated as not to profit by the act of 1832, and it gives to them what their husbands, if alive, would have taken. I do not see how language can be plainer. But Mr. Butler's opinion having settled the practice under the act of 1836, it is, perhaps, too late to change your practice in regard to it. The act of 1838 differs from the last mentioned statute in the important feature above referred to. The widow is to begin to draw her pension from March, 1836. Now, if her husband were then alive, it is clear she could not be entitled to an additional allowance in her own right. I hold that to be fatal to the application of Mr. Butler's reasoning to the last act. With respect to this act, therefore, you are free to take the course you shall judge fittest. APPENDIX I. 425 I should have rejoiced to be able to adopt a construction favorable to the claims of the widows of these brave men. But the law which gives, disposes; and I am bound to interpret it as I find it. To the SECRETARY OF WAR. H. S. LEGARE. [84.] "PENSION TO A CHEROKEE CHIEF.-The pension of Pigeon, the Cherokee chief, to be paid to his personal representatives." OFFICE OF THE ATTORNEY GENERAL, June 23, 1842. SIR: In the matter, of the pension of Pigeon, the Cherokee chief, I am of opinion his administrator is entitled to receive the amount to which he would have been entitled had he survived the passing of the act. The act is to be read with the treaty, of which it is the fruit and fulfilment; and both relate back to the period of disibility. The treaty was a contract with Pigeon during his life, or with his tribe, for his benefit; and the benefits, as well as the responsibilities growing out of it, descended, as of course, to his personal representatives.' The words of the law must be construed by reference to this contract; and there can be no doubt that Pigeon's administrators are protected by the latter. Therefore, I think they ought to be paid the pension due him from the time of his disability until his death. To the SECRETARY OF WAR. H. $S. LEGARE. [85.1 "AADJUSTaMENT OF OVERPAYMENTS OF PENSIONSs.-If a person entitled to a pension from the government be overpaid by mistake, or by the application of some wrong principle of computation, and yet have a further claim against the government, the claim may set off against the said overpayment. "Mr. Butler's opinion reviewed and commented on." OFFICE OF THE ATTORNEY GENERAL, J;ly 2, 1842. SIR: In the matter of James Palmer's pension, considered as a matter unprejudiced by previous decisions in thisoffice or in yours, I should be of opinion that the deduction ought to be made. In all cases of; mistake of fact, there is a condictio indebiti even in favor of an individual, much more of a government, which is, on strict principles, not estopped even by a judgment of a court in case of subsequently discoyered evidence. I do not conceive there would be, on general principles, any objections to setting off a demand of the government against: a pensioner arising out of a separate cause. (See Priddy vs. Rose, 3 Mer.,-84, especially at p. 104.). But the statute of 1836 (20th May) has, as far as it goes, certainly altered the law in this respect. The case here, however, is not a defalcation in a disbursing officer, or even a col 426 APPENDIX I. lateral demand. It involves merely an adjustment, on correct principles, of the very account on which the claim of the pensioner arises. If he have been paid already by anticipation, what equity' is there in the present demand? How can he keep what is enough to pay his whole claim, and yet insist on having more? Thus stands the case between him, as creditor, and the government, as debtor. But there is another view of the subject; and that is the one taken by the authors of the above cited law of 1836, and by Mr. Butler, when acting as Secretary of War. It is this: Pensions are given to maintain decently a person entitled to public bounty for past service, and have no reference whatever to any present relation between government and the beneficiaries. This is plausible; and the act of 1836 certainly gives it countenance. But I cannot accede to the general principle. I have cited authority to show that pensions at common law are liable to set-off. Beyond the scope of the exception in the act of 1836, the common law is still unchanged. But that statute only applies to decfalcations in disbursing officers, and can, by no fair construction, be made to affect a settlement in such an account. Suppose the pensioner to have invested, and still to possess, the overplus paid him; can he conscientiously keep it? The maxim is universal, nemirnem alieno damno ditiorum esse oportet. Still, if Mr. Butler's opinion has been acted on, and has grown into settled practice, I would not advise you to disturb it now. To the SECRETARY OF WAR. H. S. LEGARE. [86.] " PENSIONS'1O WIDows UNDER ACT OF 1838.-In consequence of the Executive construction given to the laws of 1838, Congress has declared, by resolution, that it embraces the cases of widows whose husbands were alive in 1832. " Widows take for five years, beginning in 1836, and are to be paid, according to the letter of the law, from that time." ATTORNEY GENERAL'S OFFICE, September 2, 1842. SIR: In the matter of widows' pensions under the act of 1838, it appears that one of your predecessors and one of mine settled the law to be, that in all cases under the acts of 1836 and 1838, the widow began to take only upon the husband's death. In a former opinion on the meaning of the law of 1838, I thought the inconvenience of a double pension, a pension to the husband till 1838 and a pension to the wife from 1836, so glaring an objection to the construction that widows in that category should take at all, that I gave it as my opinion that they did not come within the act of 1838. In consequence of that Executive construction, Congress has declared the law to mean that, non obstante, that apparent inconvenience, the law of 1838 does embrace the case of widows whose husbands were alive in 1832. Strictly interpreted, this means only that the widows in question take something; it does not APPENDIX I. 427 settle how much they take, or when they begin to take under the act of 1838. That has been settled, and, do doubt, very sensibly settled, by your predecessor, according-to principles laid down by mine, and no doubt according to the general principles of our republican policy, adverse to pensions at best, and particularly adverse to double pensions. But the joint resolution is general; it is passed in a full view of the objection. It orders the law of 1838 to be carried into effect without reserve; and the words of that law are express: the widow shall take for five years, beginning in 1836. Ita lex scripta est. I do not see any better reason to limit the claim by implication than to reject it altogether; but to reject it is impossible in the face of the resolution. If my opinion is to govern you, and the practice of your department to be changed, you will pay, according to the letter of the law, from 1836. To the SECRETARY OF WAR. H. S. LEGARE. " BALANCES OF PENSIONS DUE AT DEATH OF PENSIONERS'-TO WHOM PAYABLE.-Where the husband of the applicant, Commodore David Porter, in his liftime, applied for a pension for disability incurred in 1803, and the same was allowed by the proper department, at the rate of forty dollars per month, to take effect from the 24th day of January, 1825, when he retired from service in the navy; and then, in 1839, made an application for arrears from 1803, under the provisions of the act of 3d of March, 1837, and received a reply from the Secretary of the Navy, deciding that there was due him a pension, at the rate of twelve dollars and fifty cents per month, from 1803, when his disability was incurred, to the 24th of January, 1825, but did not receive the same in his lifetime; and the widow applies for it after his death-HELD, that such allowance exists in the form of a debt due Commodore Porter, and the legal representatives are entitled to receive it. " It is so much money in the hands of the government to the credit of Commodore Porter, which belongs, since his death, to his executor, if he has left a will, or to his administrator if he has died intestate." OFFICE OF THE ATTORNEY GENERAL, Autgust 28, 1843. SIR: The application of Mrs. Evelina Porter, referred to this office for my opinion by your communication of the 1 5th instant, is based upon the following facts: Commodore David Porter, her husband, in 1838, made application for a pension for a disablility incurred in 1803, which was allowed by the proper department, at the rate of forty dollars per month, to take effect from the 24th day of January, 1825, when he retired from service in the navy of the United States. In February, 1839, he made a second application, claiming his arrears of pension from 1803, under the provisions of the act of the 3d of March, 1837. Mr. Paulding, then the Secretary of the Navy, by his letter to the commodore, under date of the twelfth of February, 1839, is shown to have entertained this demand; and to have decided, that there was due to him, under the act of 1837, a pension at the rate of twelve dollars and fifty cents per month from 1803, when his disability was incurred, to the 24th of January, 1825, when his allowance, upon the application of 1838, commenced. The sum thus aseer 428 APPENDIX I. tained to be due was not paid to the commodore during his lifetime, and Mrs. Porter now claims it, as properly payable to her for the benefit of herself and daughters; and the question propounded for my opinion is, "whether, under the circumstances above stated, Mrs. Porter is entitled to said arrears of pension from 1803 to 1825?" The acts of Congress more especially affecting this case, are those of 1800, ch. 33, sec. 8, and 1837, ch. 406, sec. 2. Their provisions seem to Ine to be clear and unambiguous, and, having been acted on in reference to this particular case by the competent authority, undoubtedly embrace the present claim. The decision of Mir. Secretary Paulding, upon the application of Commodore Porter, is in the nature of a judgment rendered by a tribunal of competentjurisdiction, which settled the rights of the claimant, and put him upon the footing of an acknowledged creditor, to an ascertained amount, of the government. As such creditor he might at any time during his life have demanded payment, which would not and could not rightfully have been refused him. The fact of his forbearance of that demand does not, I think, extinguish this debt; but it remains due, and can be discharged only by payment to his legal representatives. I have said legal representatives, because Mrs. Porter, qua his widow, has no claim on this fund. In the view I have taken of this case, the sum due is in the precise predicament of any other money to which the commodore at the period of his death was entitled. It is so much money in the hands of the government to his credit, which belongs, since his death, to his executor, if he has left a will, or to his administrator, if he has died intestate. With the disposition of the fund the government has nothing to do; that is a matter within the control of the local tribunals charged with the settlement of his estate; the whole extent of the duty and responsibility of the government being to pay over the amount in its keeping to those who represent the deceased, to whom it belonged. In expressing this opinion of the validity of this claim, I by no means design to disturb any usage that has obtained in the Pension Office, which, independently of the respectable authority under whose sanction it has been established, is entitled to the highest consideration, because it is usage: it being of the first importance in the administration of the government, as far as it operates upon the pecuniary rights of the citizen, that its rule of action should be uniform. I intend only to say that this case, under its particular circumstances, is covered by the express provisions of the law, and is fortified by the clearest equity. The papers are returned. JOHN NELSON. To the SECRETARY OF THE NAVY. APPENDIX L, 429 [ss.] I PENSION TO WIDOWS OF OFFICERS, &C., IN THE MARINE CORPS.-The widow of the late Captain Elijah L. Weed, of the marine corps, holding the office of quartermaster, and entitled to sixty dollars per month, at the time of his death, is, in the opinion of the Attorney General, entitled to half-pay. " But, as a committee of the Senate have taken a different view of the law, and have made a report against her, a gratification of the claim is not recommended to be made until a legislative interpretation shall he given to the laws." ATTORNEY GENERAL'S OFFICE, November 10, 1843. SIR: The case of Mrs. Julia Weed, which, by your communication of the 8th instant, was referred for my consideration, has been carefully examined. The claimant is the widow of the late Captain Elijah L. Weed, of the marine corps, who died in the naval service on the 5th of March, 1838. At the time of his death he was quartermaster of the corps, and held the lineal rank of captain: and the question submitted to me is, "what is the rate of pension to which Mrs. Weed is entitled?" To determine this, it is necessary, in the first place, to ascertain the nature of the appointment held by Captain Weed at the time of his death. He was a quartermaster under the provisions of the act of the 30th of June, 1834, the first section of which enacts that the marine corps shall thereafter consist of one! colonel commandant, one lieutenant colonel, four majors, thirteen captains, twenty first lieutenants, twenty second lieutenants, one adjutant and inspector, one paymaster, one quartermaster, one assistant quartermaster, one sergeant major, &e. The 6th section of said act provides that the staff of said corps shall be taken from the captains or subalterns of the corps; and the 7th section requires that the appointment of officers, authorized by that act, shall be submitted to the Senate for their advice and consent. It is quite clear, therefore, that Captain Weed, assuming him to have been regularly appointed, was at the time of his death not a captain, discharging the duties of a quartermaster merely, but a quartermaster, nominated, confirmed, and commissioned as such. The next inquiry is, what was the monthly compensation of a quartermaster in the marine corps on the Ist day of January, 1835, the period designated by the act of the 3d of MIarch, 1837, as fixing the amount of the pensions to be allowed under its provisions? The act of the 30th June, 1834, already referred to by its 5th section, declares "that the officers of the marine corps shall be entitled to and receive the same pay, emoluments, and allowances, as are now or may hereafter be allowed to officers of similar grades in the infantry of the army, except the adjutant and inspector." The act of the 2d March, 1821, section 5, provides, in reference to the same grade of infantry of the army, "that there shall be two quartermasters, with the rank, pay, and emoluments, of majors of cavalry." The 2d section of the act of the 12th of April, 1808, prescribes that the pay of majors of cavalry shall be sixty dollars per month. Quartermaster Weed was, therefore, unquestionably entitled, 480 APPENDDX I. as the law stood on the 1st day of January, 1835, as well as at the period of his death, to compensation at the rate of sixty dollars per month. How was he entitled to it? As a captain discharging the duties. of a quartermaster, and receiving the increased allowance for extra services? By no means; but as quartermaster, irrespective of his lineal grade, regularly appointed and commissioned. It was not necessary, under the act of 1834, that the deceased should have held the rank of captain inll the line, to render him eligible as quartermaster. The President was equally competent to appoint a subaltern to that station; and, if so appointed, such subaltern would have been alike entitled, as quartermaster, to sixty dollars per month, which could not have been the case had it been the purpose of the law to promise an extra compensation for the service, and not to provide a remuneration for the office. And this design is rendered strikingly apparent by the 7th section of the act of 1821, already quoted; which, whilst it declares that quartermasters shall receive the pay and emoluments of majors of cavalry, provides for ten assistant quartermasters, who " shall, in addition to their pay in the line, receive a sum not less than ten dollars, nor more than twenty dollars, per month, to be regulated by the Secretary of'War." Having thus ascertained the extent of compensation to which quartermaster Weed, under the act of 1835, was entitled, and that he was so' entitled not as captain, with an extra allowance for extra services, but in virtue of his appointment and commission as quartermaster, I will advert to the provisions of the act of the third of March, 1837, by which the claim of Mrs Weed is to be graduated. The 1st section of that act declares, "that if any officer, seaman, or marine, have died, or may hereafter die in. the naval service, leaving a widow, and if no widow a child or children, such widow, and if no widow such child or children, shall be entitled to receive half the monthly pay to which the deceased would have been entitled under the acts regulating the pay of the navy, in force on the first day of January, one thousand eight hundrled and thirty-five, to commence from the time of the death of such offieer, seaman, or marine." I confess that I cannot detect the slightest ambiguity in these terms. They are plain, clear, and definite. They give to the widow, &c., one half the monthly pay to which the deceased would have been entitled had he lived and continued to discharge the dutiies of his office. Now who can doubt, if quartermaster Weed had lived, and continued to discharge the duties incident to his appointment, that he would have been entitled to receive a compensation at the rate, for pay, of' sixty dollars per month? And if this be so, the unequivocal language of the law would seem to settle the question under consideration. I am prepared, therefore, to say, that but for the action of a former Secretary of the Navy and of the Senate of the United States upon this claim, I should be undoubtingly of opinion that Mrs. Weed was entitled to her pension APPENDIX Io 431 at the rate of thirty dollars per month. But this question is not res integra. It has been settled by a former Secretary of the Navy, and his decision has received the sanction of the Senate upon the deliberate report of one of its oawn.committees. Under these circumnstances I cannot. recommend the gratification of the claim by the Executive. It is a case proper for legislative interpretation, and one in which, in the view I have taken of the various laws applying to it, I do not think Congress would hesitate to interfere. The papers accompanying your communication are herewith returned. To the SECRETARY OF WAR. JNO. NELSON. [89.] "' PENSIONS.-The second section of the act of the twenty-third of August, 1842, repeals the first section of the act of NMarch 3, 1837, and no allowanlces cal now be made under it. " It was continued in force temporarily by the act of August 16, 1841, in regard to cero tain cases; but was revoked by the act of 1842, leaving no remedy for those cases except in an application to Congress." ATTORNEY GENERAL'S OFFICE, April 15, 1844. SIR The communllication of the Commissioner of Pensions, under date of the 12th, transmitted with yours of the 13th instant, has been considered, and I am of opinion that the second section ofthe act of August 23, 1842, operates a total repeal of the first section of the act of August 23, 1842, operates a total repeal of the first section of the act of MIarch 3, 1837, and that the case recently presented to the Commissioner of Pensions cannot therefore be entertained by him. The effect of the act of August 16, 1841, was temporarily to continue in force the act of March 3, 18379 in regard to a class of claims to which that now before the Commissioner clearly belonged, but which not having been preferred within the period limited by that act, and the whole power conferred on the Commissioner of Pensions by the original act having been revoked by the repealing law, can now be allowed by Congress alone. The case is an equitable one, for which, upon a proper application to the legislative branch of the government, provision would doubtless be made. To the SECRETARY OF THE NAVY. JNO. NELSON. [90o.] PENSIONS TO CHILDREN or DECEASED PASSED MmseIDPMEN.-The child of passed midshipman Bacon is not entitled to fill five years' pension under the acts of 30th June, 1834, and 15th June, 1844, but only to the reniainder of the five years' pension not received by the widow during her lifetime." ATTORNEY GENERAL'S OFFICE, Tanuary 4, 1845. SIa: In reply to the question addressed to me in your communnication of the 26th of December last, I have the honor to state that, construing the act of the 15th of June, 1844, in connexion 432 APPENDIX I. with that of the 30th of June, 1834, I am of opinion that the infant child of the late passed midshipman Frederick A. Bacon is entitled, under the second section of the first-mentioned act, only, to the remainder of the five years' pension not received by the widow during her lifetime, and not to a full five years' pension. To the SECRETARY OF THE NAVY, JNO. NELSON. [91.1' PENSIONS GRANTED TO WIDOWS, &C., BY ACT OF MARCH 3, 1845.-The pensions granted to widows, &c., by the act of the 3d March, 1845, commence from the period of their cessation under the former acts of 1834, 1837, and 1841, respectively." ATTORNEY GENERAL'S OFFICE9, Iarch 19, 1845. SIR: In your communication of the 14th instant, you request my opinion on a question submitted to you by the Commissioner of Pensions in relation to the proper construction of the naval pension act of 3d March, 1845. The Commissioner states the question to be: " Whether the pensions granted by this act shall commence when the last five years' pensions ended, or when the last pensions, under the act of 1837, were paid to the pensioners respectively." The act of 3d March, 1845, embraces only the cases of those widows whose husbands have died under circumstances to entitle them to pensions under the provisions of the pension act of 30th June, 1634. Pensions granted by that act terminated in 1839. By the act of 1837, a provision was made for pensions to widows of officers, seamen, and marines, who had died in the naval service, without specifying the mode of the death. Its terms were more comprehensive, and embraced many cases which were not within the provisions of the act of 1834; while those entitled under the act of 1834 were clearly entitled under the act of 1837; and many thus entitled applied and received the benefits of this act. The question submitted depends on the inquiry whether the act of 1837 may be regarded as a renewal of the pensions previously granted. If it be not so construed, a widow whose pension expired in 1839, granted under the act of 1834, may have received, under the act of 1837, her pension, by reason of the death of' her husband, from the 30th June, 1839, to 31 st August, 1842; and by the act of the 3d March, 1845, receive the same pension for the same cause, during the same time; thus receiving a double pension for the same period of time. This cannot be presumed to have been the intention of Congress; nor will such a construction give effect to the proviso to the act under consideration. I am, therefore, of opinion that the act of 1837 was a renewal of the pensions previously granted for five years, within the meaning of the act of 3d March, 1845; and that widows' pensions, under this act, shall commence from the period at which they ceased, whether under the act of 1834, or that of 1837, or the act of the 16th August, 1841. To the SECRETARY OF THE NAVY. J. Y. MASON. APPNDIXn 1. 433 [92.1 PENStONS GRANTED TO WIDOWS, &C., BY THE ACT OF MIARCH 3, 1845.-The act of UI~arch 3, 1845, extends a pension for five years to those widows who received pensions under former acts in consequence of the death of their husbands having been occasioned by wounds received, or by accident, or by disease contracted, whilst acting in the line of their duty as officers, seamen, or marines. -" The act of 1837 was a renewal of pensions previously granted to widows entitled'n1der the act of 1834, within the meaning of the act of March 3, 1845. "The fact of their being placed on the pension roll by virtue of the more comprehen*sive terms of the act of 1837, does not affect their rights under the act of March 3, 1845. " The terms of the act are fully satisfied by extending its provisions to cases which wele within the act of 1834, although the pensions were granted for an indefinite period; and this, whether the pensions were granted by the Commissioner of Pensions under the act of 1834 or that of 1837, provided the pensions granted were authorized by the act of 1834."' ATTORNEY GENERAL'S OFFICE, April 14, 1845. Sma: I have considered the general question presented in your letter of the 10th instant, as to the effect of the act of March 3, 1845, renewing certain naval. pensions for the term of five years, and its application to the particular case of Mrs. Ann J. Ross, widow of Lieutenant Ross of thei marine corps, who was killed in battle with the Serinole Indians in the month of December, I836, the facts of whose case are set forth in the letter addressed by the Commissioner of Pensions to the Secretary of the Navy on the 3d instant. In the letter which I had the honor to address to you on the 19th ultimo, I expressed the opinion that the act of 1837 was a renewal of the pensions previously granted to widows entitled under the act of 1834 within the meaning of the act of March 3, 1845. By the death of her husband in battle, Mrs. Ross was entitled under the act of 1834. The fact of her being placed on the pension roll by virtue of the more comprehensive terms of the act of 1837, does not affect her rights under the act of March 3, 1845. - The purpose of Congress was manifestly to extend a pension for five years to those widows who had previously received pensions in consequence of the death of their husbands, (being oflicers, seamen, and marines,) who had been killed in battle, or who had died by reason of a wound received in the line of their duty, or who had died from disease contracted, or of a casualty by drowning or otherwise, or of injury received, while in the line of their duty. This intention would be defeated in cases of the most meritorious character, if the words employed be construed to embrace only such cases of pension as were granted for five years. The terms of the act are fully satisfied by eYxtending its provisions to cases which were within the act of 1834, although the pensions were granted for an indefinite period; and I am of opinion that this may be done whether the pensions were granted by the Commissioner of Pensions under the act of 1834, or under that of 1837, provided the pension granted would have been authorized by the act of 1834. Mrs. Ross is, therefore, entitled to the benefit of the act of March 3, 1845,. subject to its restriction. To the SECRETARY OF THE NAVY. J. Y. MASON. 434 APPENDIX I, [93.] " PENSIONS-1OW AFFECTED BY ACT OF MARCH 3, 1845.-Thd fourth section of the act of 3d of March, 1845, providing that accounts adjusted by the accounting officers of the treasury shall not be re-opened without authority of law, and that no account shall be acted upon at the treasury unless presented within six years from the date of the claim, does not affect applications under a general law for pensions. "Pensions are gratuities, and are not claims or accounts,:within the meaning of the statute; yet when these are once placed on the pension roll,they become claims to semiannual payments, which, if not asserted-within six years, cannot be audited without the authority of Congress. "The act does not affect claims for half-pay to officers of the Virginia State line,, provided for by the act of the 5th of July, 1832." ATTORNEY GENERAL S OFFICE, April 22, 1845. SIR: Your letter of the 15th of March, with the accompanying communication from the Commissioner of Pensions, has received a most careful examination. The questions presented are of.great importance to the community, and in the daily business of the Treasury Department. The fourth section of the act of the- 3d of March, 1845, making appropriations for the civil and diplomatic expenses of government, directs "that from and after the passage of this act, no accounts which have been adjusted by the accounting officers of the treasury shall be re -opened without authority of law; nor shall the accounting officers of the treasury act upon any account which shall not be presented within six years from the date when the claim first existed, unless the person having the claim was an infant, lunatic, or ferne covert, and then within six years after disability; provided, that this section shall not apply to cases where special acts have passed, or shall pass, for the relief of individuals." This is a section of an appropriation act, and constitutes a qualified act of limitation, suspending proceedings at the treasury without taking away the right of individual claimants, who may appeal to Congress in all cases where redress is denied them by the inhibition thus imposed on the accounting officers. It repeals no law, and does not operate in any case either in re-opening adjusted accounts, or in taking up for audit, accounts of more than six years' standing, if the claim be founded on a special act of Congress passed for the relief of individuals. The Commissioner of Pensions asks if its provisions apply to several descriptions of claims which he details, and which may be, included in two classes: 1st, to pensions under the various circumstances stated; 2d, to claims for half-pay under the act of July 5, 1832, entitled "An act to provide for liquidating and paying certain claims of the State of Virginia." 1st. Does the fourth section apply to pensions? If the pension has been granted by a special act for the relief of individuals, the law does not apply. If' the pension applied for is under a general la,- then it does not appear to me that the section under consideration affects the application. A pension is a gratuity, and is not a claim or account, within the meaning of the statute; but, if once placed on the pension roll, and thus acquiring a legal claim to a semi-annual payment of a certain sum of money, the pen APPENDIX I. 435 sioner shall fail to assert this claim for six years, he cannot have his account audited without the authority of Congress. The computation of time is to commence from the failure to demand the payment when due, and not from the date of the pension certificate. 2d. The act of the fifth of July, 1832, for the liquidation and payment of certain claims of the State of Virginia, in its first section directs the payment to that Commonwealth of her accounts for half-pay paid to the officers of the State line for services in the war of the Revolution; the second provides for the payment of judgments recovered against the State by officers thus entitled —which judgments had not been paid by the State; and the third directs the sfettlement and payment of the half-pay claims of the officers who were entitled on the principles settled by the supremrhe court of appeals of Virginia, Iwho had been paid their claii s, or prosecuted them to judgment. Before the passage of this act, the officers of the Virginia State line and navy had no claim on the treasury of the United States for the fulfilment of an engagement entered into with them by the State itself. It was a part of the revolutionary debt, and by this act the United States assumed the liability, and made provision for this class of officers by agreeing at once to reflund to the State the payments which she had made to pay to her the unsatisfied judgments recovered, and in a separate section provides for the settlement and payment of the half-pay claims of those who had not recovered judgment or been paid. Does the fourth section of the appropriation act apply to these claims? They are clearly within its operation, unless the proviso protects them. It declares that this section shall not apply to cases where special acts have passed, or shall pass, for the relief of individuals. The inquiry, therefore, is limited. Is the act of 1832 a special act for the relief of individuals?: "M' unicipal laws are public and general, or private and special. Public acts relate to the public at large; private acts to certain individuals, or to particular classes of men. Statutes which con. cern all the clergy are general laws, but those which concern. bishops only are special. In a general act there may be a private clause. A general or public act regards the whole community;. special or private acts relate only to particular persons or to private concerns?' These are the legal definitions given by Dwarris in his Treatise on Statutes. Applying them to the case under consideration, the conclusion seems to me unavoidable'. The State of Virginia made a promise of half-pay for life to a class of officers engaged in her service in the war of the Revolution. To some of these she made payment; others recovered judgment against her; and those individuals of the class who had received no payment and recovered-no judgment were provided for in the 3d section of the act of 1832. This section afforded relief to particular persons, and did not regard either the whole community or the whole of the class to which they belonged, and, according to the established rules of construction, is a special statute, whichk 436 APPENDIX I. passed for the relief of individuals who, without it, had no clai:t on the Government of the United States. After a most careful examination, I am decidedly of opinion that claims founded on the act of' -5th July, 1832, are protected by the proviso from the operation of the 4th section, which forms the subject of' inquiry, and are affected by its inhibitions. To the SECRETARY OF WAR.u J.Y. MASON. [94.] "ARREARS OF WIDOWS' PENSIONS-TO WHOM PAYABLE.-There is no authority for making payment of the arrears of pensions due widows of revolutionary officers at their death, who have left no children, to executors or administrators. " Even where widows have died leaving children, the arrears cannot be received by executors and administrators as assets for the payment of the decedents' debts." ATTORNEY GENERAL S OFFICE, July 14, 1846. SIR: The papers which accompanied your letter of the 17th January ultimo, show that Mrs. Paulina Legrand, as wido-w of Captain Edmund Read, of Major Nelson's corps of Virginia State cavalry, was a pensioner by reason of the services of' her said deceased husband in the war of the Revolution. Her pension was paid to March, 1844, and she died on the 5th February, 1845, leaving no child or descendant. You refer for my opinion the question, whether the arrear of pension, unpaid at the time of her death, can be paid to her administrator? He contends that he is so entilled, by the 2d section of the act of MIarch 3d, 1829. The Commissioner of Pensions, under the direction of the Secretary of War, has disallowed the claim, under the provisions of the act of June 19, 1840. In the edition of the laws recently published by Little and Brown, the act of March 2d, 1829, is noted as obsolete. The ist section of the act of 1840 provides for the case of male pensioners; the 2d, for females. The acts giving pensions to widows of revolutionary officers and soldiers have been enacted since 1829; and this fact clearly shows that Congress did not, when passing the act of 1840, consider that there was any law providing for the disposition of arrears of female pensions. The act of 1829 is superseded by the act of 1840. The former clearly related to the pension laws in force at the date of its passage. The more enlarged and comprehensive system of pensions introduced by laws subsequently passed, founded in gratuitous bounty to the persons who were its beneficiaries, led to the act of 1840. By the provisions of these laws, care is taken to prevent the arrears of pensions, in any ease, becoming assets for the payment of debts, or for distribution according to any rule of descent or inheritance, except that which is prescribed by Congress-a power which belongs to the States, and is not conferred by the constitution in regard to any vested right or chose in action. But the pension being a bounty conferred by Congress, the authority ex APPENDIX I. 437 its to withdraw it, or to prescribe the conditions on which it is to be paid, and the person or persons who are to receive it. In making the payment, the Executive must look to the law for authority. There is no such authority to make payment to the administrator, where the pensioner died leaving no children. The 2d section of the act of June 19, 1840, authorizes payment to the executor or administrator only where the pensioner died "leaving children;" and then the payment is not made to him as assets, to be disposed of according to his official duty as to the effects of his decedent; but the law declares, "the same shall not be considered as a part of the assets of the estate, nor liable to be applied to the payment of the debts of said estate in any case whatever;" and the payment of such arrears under 1st and 2d sections is declared to be for the sole and exclusive use of the children of the deceased pensioner. Now, if there be no such persons for whose exclusive use the administrator or executor is authorized to receive, and payment is made to him as such, how would he be held to dispose of them? Such arrears are not assets, subject to debts or distribution, according to the local laws; and there are no persons in beirg entitled to demand payment by the act of Congress. I am clearly of opinion that the administrator or executor of Mrs. Legrand is not entitled to receive the arrears of her pension which were unpaid at her death. To the SECRETARY OF WAR. J. Y. MASON. [95.] "PROOF REQUISITE TO PENSIONS TO WIDOWS UNDER ACT OF 1846.-The 2d section of the act of May 7, 1846, was intended to facilitate applications of widows to pensions founded on their marital relations, by operating on the proof required. " To establish their claims it is sufficient for widows to prove that their husbands were entitled to pensions, and that they are the widows of such pensioners. "The fact that the husbands were upon the roll and drew pensions, is presumptive evidence that they were entitled to them; yet, if they were not, that fact may be proved. "The onus, however, is upon the government to show that they were not entitled. "General reputation and cohabitation are, in general, sufficient evidence of mariage; but as this is only presumptive, it may be rebutted by countervailing testimony. "The law should be construed liberally and favorably towards applicants." ATTORNEY GENERAL'S OFFICE, June 23, 1846. SIR: I have considered the questions presented in the communication of the Commissioner of Pensions of the 19th May ult., which, on the 23d of that month, you referred to me for my opinion. The 2d section of the act making appropriations for the payment of revolutionary and other pensions of the United States for the year ending the 30th of June, 1847, approved May 7, 1846, is as follows: " And be it further enacted, That no widow entitled to a pension under existing laws, and claiming a pension, whose husband was drawing a pension at the time of his decease, shall be required in such case to furnish any further evidence that said. 438 APPENDIX I. husband was entitled to a pension; nor shall any evidence, in any case, be required to entitle the widow to a pension, when the evidence is in the archives of the government, other than such proof as would be sufficient to establish the marriage between the applicant and the deceased pensioner in civil personal actions in a court of justice: Provided, That, upon a revision of the testimony in the ease of the deceased husband, the Commissioner be satisfied that the pension was properly granted." The section was manifestly intended to facilitate the application of widows to pensions, founded on their marital relation to deceased pensioners. To establish, on her part, such a claim, the applicant must prove, first, that her husband was entitled to a pension; and second, that she is his widow, within the terms of the laws granting widows pensions. The section under consideration operates on the proof to be required in both points. L. The widow of a husband who was drawing a pension at the time of his decease is not to be required to furnish any further evidence that her said husband was entitled to such pension. This is the enactment in the body of the section, and prescribes the general rule. The proviso applies exclusively to this member of the section, and restrains its operation. It provides " that, upon a revision of the testimony in the case of the deceased husband, the Commissioner shall be satisfied that the pension was properly granted." Without this proviso, the enjoymeent of a pension by the husband at the time of his death would have been conclusive on that point in the widow's case. The proviso makes it but presumptive evidence, liable to be rebutted; but it is sufficient evidence to establish the fact, unless it is rebutted by the Commissioner of Pensions, on grounds which ought to be stated for explaination by the applicant: the onus is on the agents of the government to bring a case within the proviso. And to the same effect is the provision of this section: " Nor shall any evidence be required to entitle the widow to a pension, when the evidence is in the archives of the government, other than such proof," &c. This makes it the duty of the government officers to search the archives, and to ascertain if there be evidence in them to establish the claim of the widow. I do not suppose that the clause can require more than an examination of the papers and records relating to tlhe services of the deceased husband, and the evidences of his title to a pension. But the duty of making the examination, to find support for the widow's claim, shows the spirit in which the law was enacted. 2. To establish the relation of widow to the deceased. a marriage must be proved; and this section of the law prescribes the proof required to be that " which would be sufficient to establish the marriage between the applicant and the deceased in civil personal actions in a court of justice." The general rule is, "that in all civil personal actions except that'for criminal conversation, general reputation and cohabitation are sufficient evidence of marriage." (2 Starkie on Evidence, part iv, page 939, and au APYPEiENDIX I. 439 thorities cited; and 4 Burrows, 2057; 4 Johnson's N. Y. Rep., 52-'3-Fenton vs. Reed.) Under this section, therefore, to estab. lish the relation of widow, proof of a marriage in fact cannot be required-that is, by witnesses present at the ceremony, or by official records: general reputation and cohabitation are sufficient, prima facie. But as this is presumptive evidence, it may be rebutted by countervailing testimony. In terms, the operation of the section does not extend beyond these two points. Where it is necessary, to establish the claim of the widow, to prove the date of the marriage, it is incumbents on her to produce satisfactory proof to the Commissioner; but the proof ought to be considered in the spirit in which this law has been passed, of liberality to the applicant. But still the evidence must be satisfactory. And as the marriage may, by virtue of this section, be established by presumptive testimony, its date, as an incident, may be established by evidence of the same character which in civil personal actions would establish births, pedigree, &c. To the SECRETARY OF WAR. J MASON. r96.] C' POWER OF THE PRESIDENT RESPECTING PENSION CASES.-The President is required teo see that the laws are faithfully executed, but is not obliged to execute them himself. "The law has designated the officer to decide upon applications for pensions, and has provided for no appeal to the President: wherefore, he will not undertake to revise the decisions of the Commissioner." ATTORNEY GENERAL S OFFICE, Aug ust 4, 1846. Sia: On the 26th June ultimo, you referred to me, "for a report," the papers in the case of an appeal to the President fromn a decision of the Commissioner of Pensions, which had been approved by the Secretary of War, denying to the distributees of Mrs. Esther Johnson, widow of Colonel Jonas Johnson, deceased, an increase of pension. From the papers, which arevoluminous, it appears that Mrs. Jobnson made application, in November, 1839, for a pension, under the act of July 4, 1836. It was decided at the Pension Office that the proofs exhibited established four months and eighteen days' service on the part of her husband in the war of the revolution. On rappeal, this decision was affirmed by Mr. Poinsett, Secretary of War. Additional proofs were filed, and, on the 16th August, 1843, a report was made on their effect from the Pension Office to the Secretary of War, Mr. Porter, who deaided that they established full six months' service; and Mrs. Johnson accordingly received her certificate of pension. She is since dead, and her distributees have filed additional testimony, and asked for an increase of the rate of pension allowed to Mrs. Johnson, on the ground of a greater term of service on the part of her deceased husband than six months. In January, 1846, the Commissioner disallowed the claim; and on appeal, the Secretary of War decided that the additional evidence "did not vary the 440 APPENDIX [e aspect of the case, nor add to its strength, being only of the same indefinite character, as to the fact of further service, or the character thereof, as that upon which Mr. Porter decided." From this decision an appeal has been taken to the President. The object of this appeal is stated by the agent of the distributees to be, "to have their case referred to and examined by the Attorney General of the United States, for his decision and report, whether the pension laws have been duly administered in this case;" and that the President will "order such other and further relief in the premises as the justice and merits of the case may demand." It is, therefore, an appeal to the President to have a pension allowed by his order, which the Commissioner, under the direction of the Secretary of War, has disallowed. A preliminary inquiry arises, as to the extent of the President's power in this respect. It is the constitutional duty of the President to take care that the laws be faithfully executed. But the constitution assigns to Congress the power of designating the du-. ties of particular subordinate officers; and the President is to take care that they execute their duties faithfully and honestly. He has the power of removal, but not the power of correcting, by his own official act, the errors of judgment of incompetent or unfaithful subordinates. The extent of the President's duty and power, under the injune? tion to see the laws duly executed, has been fully examined and stated by several of my predecessors in this office; and, without encumbering this communication with quotations, I respectfully refer you to the opinions of Mr. Wirt, of October 20, 1823, and July 27, 1824, and the opinion of Mr. Taney of April 5, 1832. Considering the high constitutional duties of the President, which occupy his whole time, it requires no argument to showx that he could not acquit himself, by their adequate performance, if he were to undertake to review the decisions of subordinates on the weight or effect of evidence in cases appropriately belonging to them. Nor is it within the scope of the duties of this office to review and revise the decisions of co-ordinate departments of the government on questions of fact. If, in the consideration of this question, the Secretary had doubted on any question of' law, he would have sought and obtained the opinion of the Attorney General. But there does not appear to be, in this case, any disputed question of law. It is not denied that, under the act of 4th July, 1836, Mairs. Johnson was entitled to receive the annuity or pension which might have been allowed to her husband by virtue of the act of June 7, 1832, if he had been living at the time it was passed; that her husband, if living, would have been entitled by this act to a pension, on proof that he served in the continental line, State troops, or militia, a term or terms in the whole not less than six months; or that the amount of the pension depended on the proof of the length of time during which he served. The decision from which the appeal is proposed is made on the effect of the testimony, and with an express concession of APPENDIX I. 441 the construction of Mrs. Johnson's legal rights. The error complained of is one of fact, and is, that the Commissioner has not given to the evidence the effect of establishing a length of service which, in the opinion of the distributees, it ought, properly considered, to have. Can the President revise this decision, and give to the testimony an effect greater than that accorded to it at the Pension Office, and, by his official act, declare that a pension is to be given for a longer term of service than is allowed by the subordinate officers charged by law with the consideration and determination of such cases? I think not. The act of June 7, 1832, provided for its execution by the Secretary of the Treasury. On the 28th of the same month, by a joint resolution of Congress, all the duties which devolved on the Treasury Department were transferred to the Secretary of War. The Commissioner of Pensions is by law charged with the performance of this duty, under the direction of the Secretary of War. By one of the prescribed rules and regulations for the government of his subordinates in executing this act, each applicant is required "to state the names and rank of the field and company officers, the battles in whicn he was engaged, and the country through which he marched." These specifications were intended to enable the Commissioner, by comparing them, as stated, with the rolls and documentary proofs in his office, to detect misrepresentations, to correct errors, and to guard against frauds. How difficult, if not impossible, would it be for the President or Attorney General to undertake to make such comparison, or to detect any error which might in this respect arise in the Pension Office i The case under consideration affords a very strong illustration of the wisdom of this rule. The testimony of many of the witnesses was disregarded, because their statements in reference to Colonel Johnson's services were inconsistent with the sworn declarations in their own applications for pensions. I am clearly of opinion that the President ought not to entertain appeals in such cases. The view of the case now presented does not leave the applicants without remedy. They can apply for relief to Congress, whose power cannot be doubted. If, however, you differ with me in my views of your constitutional duty and power, I will examine the proofs in the papers, and those referred to in the Commissioner's report as having influenced his judgment, and will give you the result with as little delay as practicable. To the PRESIDENT. J. Y. MASON. "PENSIONS TO WIDOwS tNDER ACT OF 1845.-The act of 3d March, 1845, authorizes the renewal of pensions to such widows of officers, seamen, and marines only as had enjoyed a five years' pension under previous laws, and which had ceased in consequence of the expiration of the period for which the same had been granted or renewed. 442 APPENDIX I. " Widows who had not been such for five years, or who had not exhausted their five years' pension under former laws, are not provided for. "The applicants in this case not having been widows for the period of five years, and not having exhausted their pensions under former laws, are therefore not entitled to the benefit of the act of 3d March, 1845, but are left to the generosity and justice of Congress in the premises." ATTORNEY GENERAL'S OFFICE, January 23, 1847. SIR: I had the honor to receive your letter of the 2d ult., requesting my opinion on the claims of Elizabeth E. Chandler and Catharine L. Armistead, for a renewal of their pensions, under the act of 3d March, 1845. By that it is provided " that the pensions for the period of five years, which have been heretofore granted out of the naval pension fund to the widows of officers, seamen, and marines, who have. been killed, or died by reason Qf a wound received in the line of their duty, or who have died by reason of disease contracted, or of a casualty by drowning or otherwise, or of injury received while in the line of their duty, and which pensions have ceased in consequence of the expiration of the period for which they were originally granted, or for which they were subsequently renewed, shall be continued for another period of five years to such of said widows as may have remained unmarried, to coti:mence from the day on which such pensions respectively terminated." According to the statement contained in your letter, the husband of Mrs. Chandler died in July, 1841, of a disease contracted while he was in the performance of his duty. She was, therefore, entitled to a pension either under the law of 1834 or that of 1837; the language of both acts including her case. She received a pension under the latter, commencing from the date of her husband's death, and continuing until August, 1842-a period of one year and a month, when the law of 1837 was repealed. It was subsequently decided by the department that in all cases where a widow who wEtas equally entitled under the law of 1834 had received her pension under the act of 1837 for a less period than five years, and by the repeal of' that law had been cut short of her five years' pension, might still be pensioned for the remainder of the term under the law of 1834. Under this decision Mrs. Chandler's pension for the residue of her term was renewed on the 1 1th day of March, 1845, to take effect from August, 1842, and expired in July, 1846. The case of Mrs. Armistead is similar in all respects necessary to be considered in the decision of the question submitted. Her husband died on the 14th day of April, 1841; and on the 17th day of July following she was allowed a pension under the act of 1837, after the repeal of that law; being within the class of widows entitled to a five years' pension under the act of 1834. A pension certificate was issued in her favor under that law on the 16th day of May, 1845. Her pension commenced from the 14th of April, 1841; but the amount previously paid.her under the act of 1837 was directed to be deducted. Her five years expired on the 14th of April, 1846. Upon this statement of facts the questionsubmitted by you for my consideration is whether Mrs. Chandler APPENDIX 1. 44'3 and Mrs. Armistead may now have properly the benefit of the act of the 3d of March, 1845, as widows whose pensions had expired at the time the act passed; or whether they are concluded, by the renewal of their pensions and the receipt of the same, under the act of 1834, subsequent to the passage of the law of 1845. It is very clear that the act of the Commissioner of Pensions, in renewing' their certificates, cannot change the law, or in any respect impair their rights, if any they have, to claim the bounty of the government under that act. And it is not less clear that the receipt of the periodical payments, secured by the certificates, is equally ineffieacious to any such result. The true construction of the act took date from its passage, uninfluenced by any extraneous circumstances or subsequent event. Its meaning must be gathered from itUs language, in connexion with the: general system of legislation upon the same subject matter. While, therefore, I am of opinion, after a careful examination- of the act in question, that the cases of Mers. Chandler and Mrs. Armistead do not come within its provisions, it is proper to remark that my opinion is not based in any respect upon the ground assumed in the inquiry submitted, that these parties are estopped or concluded by any act or event subsequent to the passage of the act under which they now claim. That doctrine cannot be sustained; nor is it necessary to invoke it in this case. Neither of the cases submitted is provided for in the terms of the law relied upon in their behalf. The act, you will observe, is confined to cases where widows havse already enjoyed a five years' pension under previous laws, and which hlid ceased in consequence of the expiration of the period for which it had been granted or renewed. When the law of 18S45 went into operation, neither Mrs. Chandler nor Mrs. Armisted had been a widow for the period of five years. The husband of the fcrmer died in July, 1841, and that of the latter on the 14th of April previous. Both, therefore, were then entitled'to an unexpired portion of their first five years under the act of 1834. Neither had exhausted their five years' pension under a law then in full force. It is true they were not in the actual receipt of the money; they had not obtained their certificates, as no decision had been made by the proper departnment. The answer to this is readily given. The act under con.sideration is not based upon the action of the department, hut upon the previous statutes in pari materia, especially upon the law of 1834. They were entitled by an existing law; and if entitled, then their pensions had not ceased within the language or spirit of the act of 1845. Their first five years had not expired. The act gives another term of five years to those only whose primary right, whether by original grant or renewal, had ceased in consequence of the expiration of the period for which they were originally granted or renewed. The continuation is extended to those pensions only which have been theretofore granted for the period of five years, to commence from the day on which such pensions respectively terminated. The language is too plain, it seems to 444 APPENDIX I. me, to admit of a doubt, that Congress intended to include such cases only as had actually expired at the date of the law. No other construction can be given short of downright legislation. The terms of the act apply so explicitly to past cases, that it cannot be made to include such as have expired since its passage. No provision being made for future cases, they must be left to the justice of Congress, where I have no doubt an appeal might well be made in behalf of all similar claimants. To the SECRETARY OF THE NAVY. NATHAN CLIFFORD.,[98. ] "PENSTIONS TO OFFICERS OF THE NAVY.-A lieutenant otherwise entitled to a pension, is not entitled to receive it whilst on duty and in receipt of his pay as an officer of the navy. "Nor can he receive it when not on duty, whilst in receipt of the pay allowed to his grade." ATTORNEY GENERAL S OFFICE, illay 24, 1847. SIR: The questions submitted from the Navy Department in the case of Lieutenant Brownell, are in substance as folloNws 1st. Whether he is legally entitled to a pension while on duty, and in receipt of his pay as an officer of the navy? 2. Whether, under the restrictions hereinafter recited, he can receive a pension when not on duty, but receiving the pay allowed to his grade while unemployed? The act of the 18th February, 1847, granting his pension, contains the following restrictions: that "the payment of said pension be subject to the provisions of the second section of an act passed 16th August, 1841, entitled'An act for the payment of navy pensions."' The second section of the act of 1841, above referred to, recites the conditions upon which the payment of the pensions in certain cases is made to depend, as follows:."that no officer, seaman, or marine, entitled to a pension from the navy pension fund, who receives pay from the public treasury, shall receive more from the said fund than is sufficient to make the whole amount received from both the above named sources equal to the pay fixed by law for the grade to which the officer, seaman, or marine may belong as an officer in the services in which he may be engaged during the year, so that no officer shall receive pay, at the same time, both as a pensioner and an officer in service." It is very clear, in my judgment, that Lieutenant Brownell's case must be governed, and the payments to him regulated, by the rule prescribed in that section. It is expressly referred to, and recognised, in the act granting the pension. The intention of Congress is too clearly manifested to leave any room for doubt. Language more explicit or comprehensive could not well be employed. It is presumed that the reference to this office grew out of the suggestion in the letter of the Commissioner of Pensions, that the second section of APPENDIX I. 445 the act of the 16th of August, 1841, was virtually repealed by the proviso of the act of the 30th April, 1844, which declares, " that no person in the army, navy, or marine corps, shall be allowed to draw both a pension as an invalid and the pay of his rank or station in the service, unless the alleged disability for which the pension,was granted, be such as to have occasioned his employment in a lower, or some civil branch of the service." It is a mistake to suppose that the law of 1841 is entirely inoperative; and equally so, that it has been superceded in its application to this case. It often happens in legislation, when there is no repealing clause, that several provisions of law upon the same subject will be found to exist at the same time, as cumulative rules or remedies in no respect inconsistent, and frequently authorizing a wide disparity in the mode of proceeding. Courts have long manifested a disinclination to favor implied repeals, and never suffer the doctrine to prevail beyond the necessary implication, except in cases where there has been a general revision, or the laws upon a particulai subject have been embodied, and reduced to a system. The principal, when correctly understood and properly applied, is never extended beyond the inference necessarily arising from some positive inconsistency in the substance of the law. When any two provisions are repugnant, undoubtedly the former is displaced, and must be overruled to the extent of the in-, consistency, but no further. These views are sustained by the highest judicial authority. (Wood vs. United States, 16 Pet., 362, 363; Dwarris, 675; 1 Kent's Corn., 466, note.) A slight examination will be sufficient to enable any one to perceive that there is no inconsistency in the two provisions under consideration, in their application to this case. If Congress had adopted the law of 1844 instead of the law of 1841, the effect would have been the same-to withhold the pension from the applicant for and during the period he shall have received his pay as an officer in the service. I am therefore of opinion that Lieutenant Brownell is not by law to receive his pension while on duty, and in the receipt of his pay as an officer of the navy. The answer to the second question must also be in the negative. In contemplation of this act he is an officer in the service while in receipt of the pay allowed to his grade, whether on duty or waiting orders. NATHAN CLIFFORD. To the SECRETARY Or THE NAVY. [99.] "PENSIONS TO OFFICERS RECEIVING REGULAR rAY.-The Attorney General reconsiders his opinion,if the 24th ultirno, and advises that no officer can receive at the same time pay as an officer on duty and as a pensioner. " That officers who may be waiting orders, or on leave or furlough, can receive on ac. count of their pensions only so much as, when added to their pay when on leave, &c., will amounut to the pay of their grade when on duty." 446i APPENDIX to ATTORNEY GENERAL'S OFFICE, June 2, 184?. SiR: I have had the honor to receive your communication of the 1st instant, transmitting House document No. 95, containing the opinion given by Mr. Badger while he was Secretary of the Navy, and directing my attention to the rule of construction which he placed upon the act of the 16th of August, 1841. It must be conceded that the opinion of that officer is opposed to the views expressed by me in my answer of the 24th ultimo to the second inquiry in the case of Lieutenant Brownell. Notwithstanding, if the question were now presented to me in the aspect of the first communication from the department, as one of new impression, dependent upon the language of the original act, and entirely disembarrassed of any legislative interpretation, I would feel constrained to adhere to the rule which I there laid down, that every officer holding a commission in the navy, whether "onduty" or "waiting orders," while in the receipt of the regular compensation allowed by law to his grade, is in the service of the United States, within the true intent and meaning of the limi& tation contained in the second section of that act. It must, however, be admitted that the section is inartificially drawn, and not free from ambiguity. On the contrary, it is manifest that the phrase under consideration presented, in the outset, a question of construction involving considerable difficulty and doubt. Every such question may be decided by the department, without the aid of advice. It now appears that Mr. Badger gave his views upon the point within four days after the passage of the law, alnd that his opinion was published in the National Intelligencer, October 7, 1841, and subsequently by the order of the House of Representatives. The rule thus established, it seems, has received the sanction of the department to the present time. In the meanwhile, the substance of this. provision has been re-enacted by Congress in the act of the 30th of April, 1844, preserving the identical expression, without any alteration to affect the present question, and is again re-affilmed in the special case of Mr. Browvvellh No one, therefore, can fail to perceive that the opinion of Mr. Badger is entitled to very great weight, even beyond the intrinsic merit of the reasoning upon which it is based. The following is an extract from that opinion: "The phrase'in service' seems to have been used instead of, and as equivalent to,'on duty,' for, in any other sense, the whole section becomes unmeaning, as every officer, while he continues to belong to the navy, is in the service, though he may not be on duty. Giving this sense to the phrase, I am of opinion — "First, that no officer can receive at the same time pay as an officer on duty and as a pensioner; and, "Secondly, that officers who may be'waiting orders,' or'on leave,' or'furlough,' can receive only so much on account of their pensions as, added to their pay wvhen so'on leave,' &e., will amount to the pay of their grade when'on duty." That opinion was given on the 20th of August, 1841, and has APPENDIX J. 447 constituted one of the general regulations of the Pension Office ever since. The intention of Congress should govern the case. It therefore becomes important to ascertain in what sense the language "in service" was employed or recognised in the subsequent acts. The act granting the pension was passed February 18, 1847. It contains no language to overrule the long established practice of the department, while it expressly adopts and recognises the law upon which it is founded. Whatever doubt, therefore, may exist in my mind as to the soundness of the rule at the time of its promulgation, if it had been originally established by a judicial determination, I should hold that Congress had ratified the interpretation by subsequently re-enactng the phrase upon which it had been made. No rule of construction is better established or more -frequently applied. It is thus stated in Bacon's Abridgment: "Words and phrases, the meaning of which in a statute has been ascertained, when used in a subsequent statute are to be understood in the same sense." Few exceptions exist to this rule when the words are applied to the same subject-matter. (7 Bacon, stat. I, 451.) I deem it unnecessary to refer to other authorities which might be cited in support to the position. It will not do, however, to admit that the decision of an executive department can have the same force and effect as a judicial determination. But where there has been an uninterrupted usage of several years, as in this case, founded upon an official opinion, and coupled with a strong implication of legislative sanction, it might be usafe to overrule the practice without the sanction of Congress. Under all the circumstances, as they are now disclosed, I see no occasion to recommend any change in the practice of the department. It is better to follow the rule established by Mr. Badger, unless Congress shall see fit to interfere. JOfHN APPLETON, Esq., NATHAN CLIFFORD, Acting Secretary of the Navy. [.C100.] "PENSIONS OF WIDOWS OF NAVY OFFICERS AND SEAAMEN.-The acts of Congress granting pensions to widows of officers, seamen, and marines, who have died whilst in the service, or from disease contracted or injuries received whilst in the line of' their duty, do not include cases of widows of engineers in the navy appointed pursuant to the act of 1842. "There being no law authorizing the allowance of pensions to such widows, it follows that there is none prescribing the rate at which they shall be paid. "Pensions to widows of officers, seamen, and marines, when allowable, commence from the date of the passage of the act (1834) in cases where the death of tile husband occurred prior to that time, and frorn the death of the husband in all other cases." ATTORNEY GENERAL'S OFFICE, October 14, 1847. SIR: I have examined the papers in the case of Mrs. Sarah Ileberd, and submit the following opinion foi your consideration: T.he applicant in this case claims a pension under the act of 448 APPENDIX,. June, 1834, to commence from the date of the act. She is the widow of Andrew Hebrerd, late a chief engineer, who died on the 4th of August, 1847. The law authorizing the employment and regulating the pay of engineers was passed on the 31st August, 1842. The first section of the act provides " that the Secretary of the Navy shall appoint the requisite number of engineers and assistant engineers, not exceeding one chief engineer, two assistant, two second assistant, and three third assistant engineers, for each steam ship-of-war for the naval service of the United States'" By the fourth section the Secretary is directed to appoint " a skillful and scientific engineer-in-chief, who shall receive for his services the sum of three thousand dollars per annum, and shall perform such duties as the Secretary of the Navy shall require of him touching that branch of the service." The seventh section of the naval appropriation act approved March 3, 1845, provides "that, in lieu of the mode heretofore provided by law, the engineer-in-chief and chief engineers of the navy shall be appointed by the President, by and with the advice and consent of' the Senate." It is.worthy of special notice, in the outset, that the act to regulate the appointment and pay of engineers, while it prescribes the necessary rules for the distribution of prize-money, is entirely silent in relation to the allowance of pensions. The same remark applies to firemen and coal-heavers anthorized to be enlisted by the second section of the same act. The closing sentence of the fifth section, in my opinion, has no reference whatever to pensions. It relates exclusively to the laws, rules, and regulations for the government of the naval service, to which engineers are made subject. The questions submitted are: 1st. Is an engineer's widow entitled to a pension? 2d. If so, at what rate per month shall she be paid? The first question depends upon the construction to be given to the act of the 30th June, 1834, and the previous laws upon the same subject. The first section of the act of 1834 provides " that all the provisions and benefits of the act of the twenty-eighth of June, one thousand eight hundred and thirty-two, entitled'An act further to extend the pension heretofore granted to the widows of persons killed or who-died in the naval service,' be continued for another term of five years to all those widows who have heretofore had the benefit of the same; and the same are hereby extended to the widows of officers, seamen, and marines who have died in the naval service since the first day of January, one thousand eight hundred and twenty-four, or who may die in said service by reason of disease contracted, or of casualties by drowning or otherwise, or of injuries received while in the line of their duty; and the pensions of such widows shall commence from the passage of this act." The effect of that provision was, first, to continue all the pro. visions and benefits of the act of 1832 for another term of five APPENDIX I. 449 years to all those widows who have heretofore had the benefit of the same; secondly, to extend those provisions and benefits to the widows of officers, seamen, and marines who have died in the naval service since the 1st day of January, 1824; and, thirdly, to extend the same provisions and benefits to the widows of officers, seamen, and marines who may die in the naval service by reason of disease contracted, or of casualties by drowning or otherwise, or of injuries received while in the line of their duty. It is insisted that, by a liberal interpretation of the act, Mrs. Heberd's case may be included in the third class. To effect this object, it is contended that the act should be regarded as prospective in a double aspect; that it applies to offices subsequently created in the naval service, as well as to subsequent appointmerts to offices previously authorized by law. No doubt the pension, being annexed to the office, inures as fully to the widows of officers subsequently appointed as to those whose husbands were in the service at the date of the act. It embraces not only the widows of those officers, seamen, and marines, who have died in the naval service since the first day of January, 1824; but the widows of those who may die in said service, under the circumstances therein mentioned. It is clear, therefore, that it includes subsequent appointments to offices then recognised by law. Whether it can be extended to other employments to offices then recognised by law. Whether it can be extended to other employments in the naval service, unknown to the law at the passage of the act, must depend in a great degree upon the nature and character of the previous acts, whose provisions and benefits were continued and extended by the act under consideration. The language of the act of 1834 is peculiar, and should be kept distinctly in view. Whatever may be its effect, it is reasonable to presume that it was based upon the offices in the navy as they existed at that time. It must be admitted that it does not, in terms, purport to include those not in existence. The legislation of Congress, in relation to pensions, does not favor that conclusion. It has not been the habit of Congress to legislate upon this subject in advance. The pension acts, which are very numerous, have generally been limited in their operation to short periods, and carefully restricted to cases of urgent demand. The truth of this remark is strikingly exemplified by the act of 1832, to which I now invite your attention. The first section provides that in all cases where provision has been made by law for five years' half-pay to widows and children of officers, seamen, and marines, whowere killed in battle, or who died in the naval service of the United States, and in all cases where provision has been made for extending the term of five years, in addition to any term of five years, the said provision shall be, and is hereby, extended for an, additional term of five years, so far as respects widows only, to commence at the end of the current or last expired term of five years in each case, respectively. All will admit, I presume, that the provisions of these two acts must be considered toget.her,, in 36 450 APPENDIX I. order to collect the true meaning of the act of 1834. tI; wiil be perceived that pensions under the law of 1832 were strictly lirnit,ed to cases where provision had been previously made, or the term extended, for the five years' half-pay of widows. The act of 1834, in adopting that act as its basis, adopts the same limitations which clearly restrict its operation to the offices in existence at the time of its passage. No one will pretend that any provision was ever made for the widows of engineers prior to that time. The phrase "in all cases where provision has been made" is twice repeated in the law of 1832, and cannot be regarded. as insignificant or without meaning; and unless it be so, it is impossible, it seems to me, to maintain the construction assumed by the clairnant. The prospective words in the act of 1834 are fulily satisfied without extending their application to offices subsequently created. The words " may die" unquestionably refer to time to come; but they have reference in this case to the death' of the husband, and not to the office which he filled. In other -words, widows whose husbands may die after the passage of the a.ct of 1834 are entitled to a pension, whether the husband wxas appointed before or after that time, provided he filled an office in the navy which was in existence at the date of the act In otIher cases, pensions cannot be allowed, unless they are autherized by the act creating the office. The contrary rule would lroduce this absurdity —that, whenever a new ofrce is created in the navy, silence on the part of Congress would be equivalent to the granting of a pension. INo office could be created wihboul this result, unless Congress saw fit to negative the in:'rence by express enactment. In my judgment, no such interpretation of the act of 1834 should ever receive the sanction of the department. These views will be much strengthened by reference to the second section of the act of the 24th August, 1842, which provides that all pensions to officers and seamen in the naval.service shall be regulated according to the pay of the navy as it existed on the first day of January, one thousand eight huiindred and thirty-five. At that time, there was no corps of engineers attached to the navy; and of course the pension in this case, if one were allowed, could not be adjusted in accordance with. the requirements of that act. There being no other law upon the subject, the department is left Tithout any guide. It cannot be admitted that Congress has authorized a pension without presenting some mode to ascertain the amount. The rule contended for by the claimant (half the present pay) might be a very good one, if it ad. anyj legal sanction u hut, u;ifcrl-natily for t1he o ilm t. it reposes upon no authority of law. The conclusion, it seems to me, is irresistible, that'no pension can be allowed, there being no Jlaw prescribing at what rate such pensions shall be paid Pbrobably, at the suggestion of' the department, Congress will -as1 once correct the omission. The argument for the claimant suggests the case of passed midshipmen as furnishing a precedent in favor of this claim. APPENDIX L. 451 Not so. It appears from the Naval Register that the grade of passed midshipmen was recognised as early as the year 1820. No doubt it was instituted in pursuance of the authority reposed in the President to fix the pay of petty officers, midshipmen, seaMen, ordinary seamen, and marines. This authority was first conferred by the seventh section of the act to provide a naval armamrent, approved on the 27th of March, 1794, and was embraced by subsequent provisions, till the passage of the pay law of 1835. On the 25th of June, 1827, the following general order was approved by the President: "Passed midshipmen will receive warrants as such, will take rank of all other midshipmen, and will receive the pay of twenty-five dollars per month and two rations per day." This regulation, certainly made in pursuance of law, so far as regards pay, remained unchanged on the first day of' January, 1835, and continues to this time as the rule of the department in relation to the allowance of pensions to the widows of passed midshipmen under the act of 1834. Their pensions are paid at the rate of twelve dollars and fifty cents per month. After a careful investigation, I am of the opinion that none of the cases cited in the argument will justify the present claim. Assistant surgeons, mentioned in existing laws, are the same as surgeons' mates in the previous acts. The same remark applies to commanders and masters, whose titles were changed by the act of the 3d March, 1837. It is very clear that this act furnishes no ground of argument in favor of the present claim. It provides that " such change of title shall not affect the rank, pay,.or privileges of any master commandant or sailing-master now in the service." I am of opinion, therefore, that the existing laws do not authorize the allowance of a pension to the widow of an engineer in the navy. Such being my opinion, it follows, of course, in my view of the case, that there is no law prescribing at what rate such pensions shall be paid. Id answer to the further inquiry of the commissioner, I have to remark that the practice of the department in relation to the commencement of pensions is unquestionably correct. Where the death of the husband occurred prior to the passage of the act of 1834, the pension should commence from the date of the act. In all other cases, it should commence from the time of the husband's death. Otherwise a widow might be entitled to receive a pension retroactively during the whole period her husband was in office. In some other cases, probably, as in this case, if allowed from the date of the act, the pension would commence from a period before the husband entered the service; and when a few more years have elapsed, the rule, if followed, would allow a pension to a widow to commence before her hasband was born. The rule adopted by the department should be adhered to. To the SECRETARY OF WAR. NATHAN CLIFFORD. 452 APPENDIX I. [101.] "CONCERNING BOUNTY LANDS AND TREASURY SCRIP TO SOLDIERs.-Discharged soldierf who have once elected to take treasury scrip instead of bounty lands, and have obtained the requisite certiicate from the Commissioner- of Pensions, cannot afterwards be permitted to surrender such scrip and obtain a warrant for lands instead. "The act of 11th February, 1847, gives to the soldier but one election; and when that is made known, it becomes the duty of the department to conform to it by issuing the evidence of the claim, which completes the proceeding." ATTORNEY GENERAL'S. OFFICE, October 30, 1847. SIR: The papers in the case of David Stutsman, which you referred to me on the 23d instant, present but a single question, which is: Can a discharged soldier, who is entitled either to a certificate for bounty land or treasury scrip under the act of the 11th February, 1847, after he has made his election of the one, and it has been issued to him, surrender the same, and take the other? I think not, under the circumstances of this case. It appears that the scrip was regularly issued to Stutsman on the 25th September, 1847, in pursuance of an application in writing previously made and signed by the party and subscribing witness. The evidence that he has exercised the "option" secured to him by the second proviso in the ninth section of the act aforesaid, is full and uncontradicted. This being so, and the Commissioner of Pensions having certified that there was no error in the issuance of the scrip, the law is fully executed, and Stutsman must abide by his own decision in the premises. By that proviso the party has but one election; and when that is made known, it becomes the duty of the department to conform to it by issuing the proper evidence of the claim, which completes the proceedings. NATHAN CLIFFORD. To the SECRETARY OF THE TREASURY. [102.] "LOCATION OF BOUNTY LANDS.-The act of 11th February, 1847, granting bounty lands to non-commissioned officers and soldiers serving in the war with Mexico, does not authorize locations of land warrants upon lands the price of which is fixed at two dollars per acre, by the act of 3d March, 1846. " The provision allowing bounty lands to the soldiers was intended to operate on the public lands which are subject to sale at the minimum price." ATTORNEY GENERAL'S OFFICE, January 18, 1848. SIR: I have had the honor to receive the letter of the Hon. Mr. Cathcart, addressed to the Commissioner of the General Land Office, relating to the construction of the 9th section of the act of Congress of the 11th February, 1847, making provision for bounty land in favor of the non-commissioned officers and soldiers serving in the present war with Mexico. By this letter it appears that the Commissioner had decided that the locations under the act could not be made upon lands where the minimum price is greater than one dollar and twenty-five cents per acre. It further appears that a number of soldiers from Indiana, living APPENDIX I. 453 on the Miami lands in that State, find themselves precluded by that decision from locating their warrants upon their improvements, while others who resided upon other portions of the public domain are allowed that privilege. Mr. Cathcart, therefore, requests a revision of so much -of the instructions of the Commissioner as prohibits those soldiers who are entitled to bounty land from locating the same as pre-emptioners upon the Miami lands in Indiana. Upon these facts you refer to me the following question: "I have deciled, as stated in my last annual report, that the soldier himself may purchase the lands to which the general law gave him a pre-emption with his warrant; and assuming this construction, the question is respectfully referred to the Attorney General for his opinion, whether this principle would embrace the lands fixed at two dollars an acre by the act of the 3d March, 1846?' Having examined this question, I have come to the conclusion that it must be answered in the negative. The provision allowing bounty land to the soldiers was intended, in my opinion, to operate on the public lands subject to sale at the minimum price, and not on lands the price of which, under special enactments, had been fixed by Congress at a higher rate. No doubt it was the intention of Congress to distribute justice equally amaong this class of meritorious public servants, which could not be done if the views of Mr. Cathcart were adopted. By the general preemption law of 1841, (5 Stats. at Large, 456,) the Miami reservations were expressly exempted from pre-emption rights. The exceptions in that act are, " the lands acquired by either of the two last treaties with the Miami tribe of Indians, in the State of Indiana, or which may be acquired of the Wyandot tribe of Indians, in the State of Ohio, or other Indian reservation to which the title has been or may be extinguished by the United States at any time during the operation of this act." The general law in regard to pre-emption rights is wholly unaffected by the provisions contained in the act of the 3d of' March, 1846. The rights allowed by the latter act depend entirely upon a compliance with the conditions upon which they are conferred. No pre-emption rights can be acquired in these lands under the general law upon that subject, nor under the act of the 3d of March, 1846, at any price less than two dollars per acre. These lands having been withdrawn from the operation of the general law conferring pre-emption rights, I am clearly of opinion that the principle of your decision does not embrace them. The rights secured by the act of the 11 Ith of February, 1847, should be limited to the general class of the public lands which are open to all who are entitled to the bounty provided for in the ninth section. NATHAN CLIFFORD. To the SECRETARY OF THE TREASURY. 454 APPENDIX O [ 03.] "BOUNTY LANDS TO SOLDTES.;-Scldiers who enlisted during the war with Mexico for twelve months, but who, without having been wounded or sick, were honorably diselharged by General Taylor, are not entitled to bounty lands under the act of 11th February, 1847.7 ATTORNEY GENERAL'S OFFICE, March 17, 1 848. SIR~ I have considered the question presented in your communication of the 14th Decermber last, and now proceed to state my views upon the point, in compliance with your request. The single question to which you require a response is, whsthetr a volunteer soldier who was honorably discharged beibre "ine 63xpiration of the time or which he had engaged, and befere the whole company was discharged, is entitled to the land bounty provided in the ninth section of the act to raise, for a limited time, an additional military force, approved 11th Februarl.l 18470 The solution of the- question depends upon the:construction to be given to the provisions of that law allowing the bounty. Thle case presented as an example, and the one upon' which my opinion is requested, is that of James Coleman, who, it appears, enlisted for twielve months as a voluntieer, in June, 1846, and was dischcarged in October of the same year. The certificate of honorablen discharge was granted to him under the special order of Major General Taylor, No. 156, bearing date 15th October, 1846, and is in the following' words: " 4th. James Coleman, late sergeant -'major of the 0d regiment Indiana volunteers, is hereby honorably discharged from the service." In the absence of any explanation to the contrary, and of all means of ascertaining the true case of the discharge, I think it is no more than a reasonable inference to conclude that it was granted at the request and for the benefit of the party receiving~ it. It must be presumed, I think, from the statement of the case, that the claimant -voluntarily withdrew from the service before the expiration of the twelve months for which he had enlisted; wvhether to enrgage in sorme other branch of it, under a new contract, or to return to his home, does not appear. It does appear, however, that he surrendered the contract under which he wzas engaged before the expiration of twelve months, and therefore cannot be entitled to the bounty wirhich is attached to that length of service. The case does not show that he was discharged in consequence of wounds received or sickness incurred in the course of such service, nor is it pretended that such was the fact. The bounty under the first clause of the section is based upon a prescribed term of service, and cannot be allowed, under existing laws, for any period less than the on1e mentioned, i the act. The claimaan t rnus show tha t he e.l s aed, and was regularlly 2pses tret i nto the servie and t;h lie e tud he i evice for twelve montihs,9 and received aln h1onorable di1schaoue, beft1re hit Ciaim caon be admiled une der'that clause. The srt'vice in lhis c ase kIe ing' been for a period le ss than twelvrme mrn 1ths, th claim is clearly excluded friom tlhis part of' the section. The dischargie n hav ing. bee given on account of wounds received or sickness APPENDIX Io 455 incurred in the course of such service, it will not be pretended hat tle case is embraced in either of the clauses applicable to thabt class of cases. It is clear, therefore, to mny mind, that no construction would include this case, short of holding that the rihtt to 1anld boanty is based entirely upon the certificate of honoreabe, discharge, and th at the right is perfected whenever the disceltarge is grarted, no matter how short the period of service. This cannot be admitecd, unless it appear to have been gra-nted omT e some of the special causes mentioned in the acdt If it be hoetil c1; the requirement of the law is answered by any period f service less than twelve months, then one day is sitctent, as the period o tw-elve mronths is the only one named in the act applicable to this class of cases. In my judgment, such was not the tit't'lioin if Conllgress; and I think it would be unsafe so I;to conCelde, 1;Withou t an amendatory act to that effect.,I' it had been the intenliw,. of Conogress to allow the bounty in other cases than those enumlnerated, xwhere a dischaPrge was granted before the expiration of the term of service, it is presumed the law would have so declared; and until that declaration is mnade by Congress, I think the benefits of the act must be confined within the limaits already sug'gested. To the SECRETART oF WAR. NATHAN CLIFFOTRD. [ 104. ] " PENsios OF 5,WIDOWS, &c., oF OFFICERS AND MARINEs.-The first section of the act of 11th Augucyst, 184S, renewing certain naval pensions, embraces all such widows and children as were receiving pensions under any of the laws of Congress passed prior to the 1st of August, 1841. "The other class comprises all those widows and children who received pensions at any time within five years prior to the passage of the act. "The word "special" occurring in said act is construed to mean "particular," and not " private," as it is used in that sense. "As Congress neglected to provide, in terms, for widows of second lieutenants of mnarines in the second section of said act, it may be inferred that it intended to refer, in the provision, to lieutenants without any other designation." ATTCORNEY GENERAL'S OFFICE, September 6, 1848. Sirn I think the first section of the act renewing certain naval pensions, &c., passed August 11, 1848, is not to be regarded as embracing only those widows and children to whom pensions had been granted, in single instances, by private acts. Such a restricted conh;truction l is obviously opposed to the intention of CongessO. T'he description of the first class is in these vw,,ords, viz all those vTidows and such child or children as are now receiving a peni, on up er aniy of the laws of Congress pas ed prior to the l t of Au gusi, l I 831 9 Tb Lords are, "s any of the laws," not "privatce,czIs' a-'s Vi "o-uld have been, if such only were intended. The exception -h'ich follows shows the same intention, because the except-ed law passeda on the 3d March, 1.8337, was one of the b'road est anid msst general pen.sion laws which had been enacted; and 456 APPENDIX I. there was no room for the exception, unless it was included in the general description of the persons entitled to the renewal. This is quite decisive of what was in the mind of the legislature. The description of the other class entitled to the renewal is equally general-" those widows and children who have received pensions at any time within five years prior to the passage of this act." All these persons are, by the express words, within the purview of the act, and are declared to be entitled to a. renewal. But then comes the supposed restriction, which by a violent construction would throw out the greater part-almost all who had before been included by a precise and definite description: they " may and shall continue to receive the same amount as they have recived under any special act from the time such special act expired." The word "special" here does not mean "private," but particular. I think the word is used in that sense. It comports with the general tenor and language of the whole section. The other sense of which the word in another connexion would be susceptible, would, if applied to it here, overturn and controll all the other language used in the direct description of the persons intended, explicit and unequivocal as it is, contrary to the apparent intention of Congress. As to the question under the 2d section, there might be more room for doubt. In enacting that " the pension of a first assistant engineer" shall be "the same as that of a lieutenant of marines, and the pension of the widow of a first assistant engineer the same as that of the widow of a lieutenant of marines." Congress seems to have lost sight of the fact that there was a second lieutenant of marines, and might therefore be supposed to have referred to the first lieutenant only. But, in common parlance, "the lieutenant," without further designation, whether of marines or of infantry would universally be understood to mean the senior lieutenant and not the second lieutenant; and this familiar and reasonable rulethe meaning of language in common use, which is always a most sure guide to the true legislative intent-may be applied in this instance, where the law seems to have been enacted without a minute or particular attention to the previously existing law. To the SECRETARY OF THE NAVY. ISAAC TOUCEY. [105.] " SISTERS OF THE HALF-BLOOD ENTITLED TO BOUNTY LANDS.-Surviving sisters of the half-blood of deceased soldiers, who, at their demise, were entitled to bounty lands from the government, are equally entitled with the brothers and sisters of the whole-blood to receive such bounty, or the money in its stead. "The act makes no distinction between relatives of the whole-blood and those of the half-blood." ATTORNEY GENERAL'S OFFICE, September 7, 1848. SIR: The explanatory act of May 27, 1848, enacts " that the term'relatives,' as used in the ninth section of the act entitled APPENDIX I. 457'An act to raise, for a limited time, an additional military force, and for other purposes,' approved 1 1th February, 1847, shall be considered as extending to the brothers and sisters of those persons whose services, under that act, may have entitled them to the land therein provided. The order or priority of right, however, shall remain as declared in that act; and those failing, the right shall accrue, fourthly, to the brother or sister, or in equal proportions to the brothers and sisters of the deceased, as the case may be. Thomas J. Luxen, entitled to bounty land, died, leaving a brother of the whole-blood and a sister of the half-blood, they being children of the same mother. The question is, whether the children of the same mother, but not of the same father, are brothers and sisters within the meaning of this act of Congress? There is no question here of the descent of ancestral estate. The land or the money in its stead, is not given to the " heir," which might have created greater doubt; but it is given to the brothers and sisters; and if the half sister was the sister of the deceased, she is within the description of the persons entitled to take. It cannot be said that she is not a sister; and as the act makes no distinction between the whole-blood and half-blood, she cannot be excluded upon any ground contained in the law itself, and from the nature of the case, the policy of no one or more States can apply here; and there is no general principle of law or policy that can be permitted to vary or control the construction of this section of the act, but the plain import of the words must prevail. I think, therefore, that the sister of the half-blood is entitled to a share. To the SECRETARY OF WAR. ISAAC TOUCEY. [106.1 "' PENSIONS OF DISABLED OFFICERS, SEAMEN A.ND MARINES.-The act of July 10, 1832, transferred to the Secretary of the Navy all the powers theretofore possessed by the commissioners of the navy pension fund to make regulations for the admission of persons upon the roll of navy pensioners, and for the payment of such pensions. " It therefore rests in the sound discretion of the Secretary of the Navy to decide, according to the regulations in force, when the pension of an applicant shall commence. " If it has been the settled rule of the department that pensions shall commence at the time of completing the proofs, it will be very difficult now to depart from it." ATTORNEY GENERAL'S OFFICE, September 27, 1848. SIR: The 8th section of the act of April 23, 1800, entitles every officer, seaman, or marine, disabled in the line of his duty, to receive for life, or during his disability, a pension from the United States, according to the nature and degree of his disability, not exceeding one-half of his monthly pay. By the act of March 26, 1804, the commissioners of the navy pension fiund were authorized and directed to make such regulations as might to them appear expedient for the admission of persons on the roll of navy pensioners, and for the payment of pensions; and by the act of July 10, 1832, all the powers and duties of the commissioners were transferred to the Secretary of the Navy. 458 APPENDIX I. An opinion was given on the 21st of December, 1832, by the present Chief Justice of the United States, as Attorney Gen.eral, that the power conferred upon the commissioners byithe anct of 1804, authorized them "'to fix the period at which the pensions should commeonce, and also the principles by which the'anomount was to be graduated;" that "they might have d carred'chat the pension should begin fiom the time of the di'sat.iitv or they cim'ht have determined that it should commence, at the date of Lhe Capplication and the exhibition of proof if' they deemed the latter periold more consonant to the spirit-of the law;" and 6 hat in h:.he absence of' any regulation on the subject, it was their prejrc e to exercise a sound discretion in this respect in every case as it cat me before them." This opinion, in which I fully concur, ftrnish1es an answver to the inquiry when the pension of James Cochran shall ccrnmen e. It rests with the SecretaJry of the Navy to ldecde acc-erdig to the regulations now- in force; or if there be no regulation, then to exercise a sound discretion-not an arbitrary discretion, but according to the settled course of the department. The Secretary has undoubtedly the power to correct any erroneous course heretofore pursued by a new regulation, or by settino a noew pineee dent to. be the guide in future, or to introduce a more perfect rule, or a class of exceptions, for sufficient reasons, to any general rule. This would be but the legitimate exercise of the power to make such regulations as might to him appear expedient for the admission of persons on the roll of navy pensioners, -but it would be directly repugnant to the character of the power conferred, to suppose that a pow-er to make rules was a power to dispense wilth them altog'ether, and to substitute in their place caprice or arbitrary discretion. Arid if it has been the settled rule of the department to (wdedcle that the pension shall comrmence at the time of completing the proofs, in conformity with the rules prescribed by Congress in the case of those pensioners who u ere disabled by known wounds received in the revolutionary war, it would certainly be very di ff cult for the Secretary, in the exercise of a sound discretion, at this late day to depart fromn it. To the SECRETARY OF TIHE NAVY. ISAAC TOUCEY. L 107.] "PAYMASTERS MAY R-ECEIVE PAY AND PENSIONs.-An officer who, having lost a limb in the war of 1812, was mustered out of the service upon a captain's pension, and afterwards appointed battalion paymaster, may be regarded as having been appointed to the civil branch of the service within the meaning of the act of 30th Aprii, 1844, and entitied to receive both his pension and his pay. "The phrase "civil branch of the service," employed in the act of 1844, commented on' and explained." ATTORNEY GCENERAL'S OFFICE, N3ovember F9, I848E SiTR!have the honor to Ieply to the inqLlutiry, which yon have APPENDIX I. 459 submitted to me at the request of the Second Comptroller, whether David S. Townsend, a paymaster in the army and an i-nval-d pensinrf', is entitled both to his pay and his pension undeor a just construction of the act of April 30, 1844? Li t;l[e war of 1812 Major Townsend lost a leg in battle. Shoorty aftier he was mustered out of the service upon a captain's pencs-on-. He was, at the time, caprtain of the ninth reir'ent of ineantlry, major y brevet, and held the app;ointme-'; o' vs -a n-at adjthnt ge-nelral in the army. OnI the 2,9h of. A- 13l 3,e was a cptolined ba;ttalion paymaster; and is now a payuasteor lunder the ac't of Iarch 2, 1821. The act of April 30, 1844, (5 Stats. at Large, 658,) provides "that no person in the army, navy, or marine corps, shall be allowed to draw botl a pen sion as an invalid, and tabn py of his rank or station in the service, unless the alleged disf-obliity for which the pension vas granted be such as,to hav-er occasionedG his employment in a lower grade, or in some civil branch ot the service." It cannot, I think, be said, xrithin the true meanling of this law, that the disabil'ity of Major Townsend has occasioned his employrent in a lower crade. If he had been pnut upon his brevet rank at the time when he left, the service, he is not in a lower grade, as he is entliled to the rank and pay of a major. Before the act of Coneagess conferring or establishin-g that ranlk, he bad, under the army regulations, that assimilated rank. And if, at the time, his disablity did not occasion his employment in a lower grade, it would hardly be admissible to depart from the actual- fact,.and t o enter the field of conjecture or speculation, as to any grade which he mig'ht have reached but for that disability. His title to receive his pension, in addition to his pay, must, therefore, depend upon the question whether his employment is in "Gsome civil branch of the service." The service here spoken of is not "civil service" of the government, in its general sense. It is restricted to the military and naval service. The proviso applies only to a "6 person ill the army, navy, or marine corps." His pay, referred to, is "the pay of his rank or station in the service." When, therefore, the exception is introduced of "his employment " ~ in some civil branch of the service," it necessarily imports the same service. What, then, is the civil branch of the military service? If there be any such branch as that expressly alluded to, and excepted by Congress, it must comprehend an oeffice, the duties of which are, in their character, altogether civil. Such i's the ofice of paymnaster,- whose employment is to pay money and keep aceounts -,whise duty is to deal with pecuniary matters, and'whose qun'alfeat ions are not necessarily military, but. civl ontly Such a const:;'ruci1o1n by every rule of law, must be npt upon this act, as- to v oive sne meanin-g to t hese words, and to carry the intendtion of Congoress into elffet. And when it is conside red cthat the D;enilion, l tlis class of cases, is given. for a dis mbilty 7i3curm red in1 the service of tih country, and had been a.lready granite 460 APPENDIX I. to the pensioner before the act was passed, it would be necessary that a clear intent to take it away should appear before that res ult can be arrived at by those who are charged with the execution of the law. I think, therefore, on this ground, that Major Townsend's pension must be continued to him. To the SECRETARY OF WAR. ISA AC TOUCEY. [ los.] " PENSIONS OF SERGEANTS IN THE MARINE CORPs. —The joint resolution of Congress, passed 10th August, 1848, placed the officers of the marine corps, who served with the army in the war with Mexico, on an equal footing with the officers of the army with whom they served. " The phrase' other remuneration,' employed in said resolution, must be understood to refer to pensions. "It was the intention of Congress to remove any distinction in respect to pensions between men in the same relative position,who have been disabled by the loss of their limbs whilst fighting side by side in the same service." ATTORNEY GENERAL S OFFICE, Nov. 21, 1848. SIR: I have the honor to reply to your letter of the 10th instant, requesting my opinion in the case of James Orr, a sergeant in the marine corps, who was severely wounded at the storming of C'hapultepec, in September, 1847. The question is, whether he is entitled to a pension as a sergeant of marines, under the act of 23d April, 1800, or as a sergeant in the army, under the act of the 20th of April, 1816. In the former case, his pension would be six dollars and fifty cents per month; in the latter, eight dollars per month. The whole question turns upon the construction of the joint resolution of August 10, 1848, which places those of the marine corps who served with the army in the war with Mexico, "in all respects, as to bounty land and other remuneration in addition to ordinary pay, on a footing with the officers, non-commissioned officers, privates, and musicians of the army." What is comprehended within the words " other remuneration?" It does not mean ordinary pay, because it is in addition to ordinary pay. It does not mean clothing or rations, for they were the same in both branches of the service. It does not mean "bounty land," for that is expressly named, and then these words are added, meaning remuneration other than bounty land, but, according to the legal rule of construction, of a like nature with it. Bounty land is not strictly remuneration, like pay or emoluments, but a benefit secured by law for the advancement of the service. A pension to a soldier disabled by wounds in battle is a similar benefit, secured by law for a like object; and it is looked to by the soldier, when he engages, as being, in a more broad and general sense, a part of the remuneration which his country promises to secure to him for his services in her cause. The act of 1816 declares that non-commissioned officers shall APPENDIX I. 461 be "entitled" to receive, for disabilities of the highest degree, "6 eight dollars per month"-that is, very clearly, as a remuneration for such disabilities. This would seem to have been the comprehensive meaning attached to the words "other remuneration," when Congress made use of them. If they have not this meaning, then they have no meaning at all; for there is no other subject-m atter to which they can apply, and they must be expunged, as having been used by the Legislature without an object. Besides all this, it was the general intention of Congress to place these classes in all respects upon the same footing; and there is neither reason nor justice, after such a Legislative declaration, in making an invidious distinction between two men in the same relative position, who have been disabled, by the loss of their limbs, fighting side by side in the same service. Such was not the intention of Congress. To the SECRETARY OF THE NAVY. ISAAC TOUCEY. [109.] " PAYMENT OF ARREARS OF PENSIONS TO ADMINISTRATORs. —Where the arrears of a pension due at the decease of the widow of a revolutionary officer were paid to the administrator appointed in one county of the State of Indiana, and an administrator subsequently appointed in another county preferred a claim for the same amount-DECIDED, that the Secretary of War who made the payment executed all the power conferred by Congress in respect to it. " This decision refers to the case of the United States vs. The Bank of the'Metropolis (15 Peters 400) for the doctrine applicable to the power of the Executive officers to review and revise the action of their predecessors." ATTORNEY GENERAL'S OFFICE, January 15, 1849. SIR: In the case of the children of Sarah Easton, deceased, who was entitled to a pension as the widow of a revolutionary officer, a question arises in lirine, which, I think, disposes of the subject, so far as the executive departments have any power to act upon it. It appears that her grandson, W. H. English, in the year 1845, took out letters of administration on her estate in Clark county, in the State of Indiana, presented them at the department, and the amount due to her, exceeding the sum of $2,000, was thereupon paid over to him as her administrator. Afterwards, in the year 1848, Mr. J. P. Cooper took out letters of administration on her estate in Jefferson county, in the same State, and now claims payment of the money to him as her true administrator.. The question presented involves the validity of the first letters of administration. This precise question was before the Secretary of War in 1845, and was then decided by him; and the money appropriated' by Congress for the payment of this claim was in pursuance of that decision, drawn from the treasury and disbursed for that object. The power was conferred on him by Congress to consider and to decide that question; and his decision, thus made in the performance of his official duty, has been executed by the payment of the money. 462 APPENDIX I. It is a sufficient answer to this application, that no money can be drawn from the treasury but in pursuance of appropriations made by law, and that there is now no money in the treasury thus appropriated for the payment of this claim. The appropriation is exhausted, and requires the renewed action of Congress. In the case of the United States vs. The Bank of the Metropolis, (15 Peters, 400,) the court was requested to say "that if the credits given by Mr. Barry were for extra allowances which the said Postmaster General was not legally authorized to allow, then it was the duty of the present Postmaster General to disallow souch items of credit." But the Supreme Court sustained the refusal to give that instruction, and held that the power of the saccessor vas no greater than that of his predecessor, and " did not extend to the recall of credits or allowances made by IMr. Barry, if he acted within the scope of official authority given by law to the head of a department;" and that the "right in an incumbent of reviewing a predecessor's decisions extends to mistakes in matters of fact arising from errors in calculation, and to cases of rejected claims in which material testimony is afterwards discovered anid produced." The present case does not fall within either of the exceptions, and the former decision was made by. the present incumbent; but the power granted was legitimately exercised, the act done, and the treasury exhausted; and if the authority remained to be executed over again as often as new letters of administration might appear, still there would be nothing in the treasury for it to act upon. To the SECRETARY OF WAR. ISAAC TOUJCEYo [ 110.] PENSIONS TO DISABLED OFFICERS, SrAMEN, AND MARINES.-The rule of the Pension Office that an application for a pension cannot be entertained after the lapse of twentyfive years from the time when the disability was incurred, is unauthorized by law, and therefore invalid. " The power conferred upon the Secretary of the Navy to establish rules and regulations for the examination and adjudication of claims for admission upon the roll, does not authorize the enactment of a statute of limitations." ATTORNEY GENERAL'S OFFICE, February 16, 1849. SIR: I have the honor to reply to your letter requesting my opinion "6 whether the rule of the Pension Office, that an application for a pension cannot be entertained after the lapse of twentyfive years from the time when the disability was incurred, is authorized by the act of the 26th March, 1804, empowering the commissioners of the navy pension fund to make such regulations as might to them appear.expedient for the admission of persons on the roll of navy pensioners." This is a power to establish rules and regulations to be observed in the examination and adjudication of the legal claims of a class of persons to be admitted on the roll of navy pensioners; APPENDIX To 463 and does not extend to the enactment of a statute of limitations, or of any rule which would preclude any examination, and of course any adjudication. Such a rule would be in derogaltion of the act of ConglTess, not in execution of it. This being clearly the character of the rule of the Pension Ofice referred to, I am of opinion it is invalid. To the SECRETARY OF THE NAVY. ISAAC TOUCEY. [111.1 C"P1ENSIONS OF DISABLED OFFICERS, SEA.MEN, AND 1AKrINES-The commissioners of the navy pension fund were authorized and directed to make such rules and regulations as should appear to them expedient for tile admission of persons on the roll of navy pensioners, and for the payment of such pensions; and they having provided that pensions are to commence fiom the time of co:pleting the proofs, and the samne having been continued since their powers were transferred and devolved upon the Secretary of tile Navy, the practica should be adhered to. " It may be doubtful whether the provisions of the 2d section of the act of 4th February, 1822, thoudh general, are not to be confined to cases of claimes for revolutionary pensions. " The claim of James Lewis, however, cannot be allowed." ATTORNEY GENERAL'S OFFICE,.t, ilY 14, 1849. Srit: I have thought of' the question you have submitted to this office in the case of the pension claim of James Levwis. It is whetherc the pi-ovisions of the 2d section of the act of 4th February, 182,K though general, are not to be confined to cases of claimais ftr revolu:iionary pinsions. I atm by n-o means certain that such is not its truie construetion; and if the claim in this instance depended on that point alone9, I should hesitate to decide against it. There are objections to it, however, upon other grounds, "which, in my opinion, are insuperable. Between the act of 1800 and that of 1806, Congress passed the act of 26th March, 1804, (2 Statutes at Large, 293,) entitled "An. act in relation to the navy pension fiund."'T'he 6th section of that law provides " that the commissioners of the navy pension fund be, and they are hereby, authorized and directed to makre such regulations as may to them appear expedient for the admission of' persons on the roll of navy pensioners, and for the paynent of the pensions." A case similar to the present has been hefore this ofice, and the then Attorney General, (Taney,) in deciding- it, was of opinion that this section of' the act of 1804 gave the comm-issioners the power to fix, by regulation, the period at wvhich the pensions should commence, and the principle by v-hi'L t o.t lit within. the limit of the act fC 13, was to be graduated. Under the act of 1804, the practice, I understand, was to date the pension from the completion of the proof, and not the beginning of the disability; thus making the rule upon the subject of' all pensions the same, by regulation under the provissitns of the act of 1804, and by law under the very terms of the act of 10th April, 1806; that is to say, dating them fi'om the proof of title, and not from the happening of the disability. In 464 APPENDIX I. the subsequent case of James Cochrane, my immediate predecessor, Mr. Toucey, concurred fully in the view taken by Mr. Taney, and said that it rested with the Secretary of the Navy to decide according to the regulations now in force; or, if no regulations are, then to exercise a sound discretion-not an arbitrary one, but a discretion according to the settled course of the department. He also says: "If it has been the settled rule of the department to decide that the pension shall commence at the time of completing the proofs, in conformity with the rule prescribed by Congress in the case of those pensioners who were disabled by known wounds received in the revolutionary war, it would certainly be very difficult for the Secretary, in the exercise of a sound discretion, at this late day to dissent from it. I think both of these opinions are sound; and, although it may be doubtful whether the section you refer to in the act of 1822, though general in its terms, does apply to other than revolutionary pensions, I think the claim in the present case cannot be allowed. It is ever unsafe to unsettle a fixed and established practice in matters of this kind. It might subject the government to unlimited demands, and at a period when the means of detecting the injustice are lost. REVERDY JOHNSON. To the SECRETARY OF THE INTERIOR. -[12.] "CrAIM FOR BOUNTY LANDS'UNDER ACT OF 1847.-A soldier who enlisted into the army in 1846, for the term of five years, and served until April, 1849, when, in consequence of the reduction of the army after the termination of the war with Mexico, he was honorably discharged, against his own wishes, is entitled to the bounty land provided by the 9th section of the act of 4th February, 1847. " The 9th section of that act embraces those of the regular army enlisted for twelve months or for a longer period; volunteers regularly musteled into a volunteer company, who served duriug the war, and have been honorably discharged; those killed, or who died of wounds received or by scickness incurred in the course of their service; and those who were discharged betore the expiration of their term of service, in consequence of wounds received or sickness incurred in the course of their service." ATTORNEY GENERAL'S OFFICE, July 27, 1849. SIR: The claim of John Hasson, late a sergeant in the general recruiting service, to the benefit of the bounty land provided by the 9th section of the act of the 4th February, 1847, (Session acts, p, 14,) submitted by you to this office, I have carefully considered. It rests altogether upon what is the proper construction of that section. The facts are these: The claimant was enlisted on the 29th January, 1846, and on the 14th April, 1849, honorably discharged. The discharge was made against his wish, and in consequence of the reduction of the army after the termination of the Mexican war. The term of his enlistment was five years. The Pension Office thinks the claim unfounded, and has so decided. Its interpretation of the section is, that it embraces only those who served out their full term, or were prevented in consequence of wounds, disabilities, or death. APPENDIX I. 465 I construe it differently. In my opinion, it embraces three classes: Ist. Those of the regular army enlisted for twelve months or for a longer period; volunteers regularly mustered into a volunteer company, " who have served, or may serve, during" the wtar with Miaexico, and are then, at the end of the war, honorably discharged. 2d. Those killed, or dying of wounds received or sickness incurred, "in the course of such service." 3d. Those who are discharged before the expiration of their'term of service, "in consequence of wounds received or sickness incurred in the course of such setrvice." The first class need only to serve dulrin the war, and to be honorably discharged at its termination, to entitle them to bounty. It is not necessary to show service in the army for the whole period of the enlistment. The second: death from wounds or sickness received or incurred during service in the war, and not during the term of enlistment, when that extends beyond the close of the war. Third: those who, by reason of wounds or sickness occurring in the war, are discharge before the close of the war. The view taken by the Pension Office is, that the express provision for this latter class shows that the terms "' and who shall receive an honorable discharge," applicable to the first class, were not meant to embrace any other such discharge than one granted after the full period of enlistment had been served out. This construction evidently renders it necessary to add to that part of the Section these words: " at the expiration of his term of service." The terms actually used neither imply nor justify such an addition. They are, in themselves, perfectly clear. A noncommissioned officer, &c., enlisted in the regular army, or such a volunteer as is described mustering in a volunteer company, and serving during the war, not during the period of enlistment, and then honorably discharged, is. to receive the bounty. The words necessary to be superadded by the construction in question manifestly changes the entire sence of the language used: nor is such an interpretation called for by the object of the provision. That evidently was to hold out an incentive to faithful and gallant service derinr the war. It did not look to service during a state of peace. The increased peril of a war service, and the increased occasion it furnished for skill and daring, gave rise to the bounty. This being so, it would seem strange that the soldier who so servried during the very exigency, and that ceasing, was honorably discharged, should not be entitled to the very benefit designed to meet it. The express provision for the third class, upon which the other view rests, is susceptible, I think, of a meaning perfectly consistent with the one I give to the provision for the first class. It is this: That it includes those who are discharged before the end of the swar, and the termination of the enlistment, in consequence of wounds or sickness happening during the war. Ina my opinion, the words " in course of such service," applying 37 466 APPIeNDIX 1. to the second and third classes, are equivalent with the words applicable to the first class, "who has served, or may serve, during the present war." The service meant is not a service commennsurate with the term of enlistment, but with the continuance of the war, wholly irrespective of the term of enlistment. The words relied upon by the Pension Office for its decision, in my opinion, therefore, mean this: A discharge during the war, prior to the expiration of enlistment, in consequence of wounds or sickness occuring during the war. So far from qualifying, by limiting, the antecedent provision for the first class, they embrace another which would not have been otherwise provided for. Under the first, an honorable discharge at the end of the war is required. Under this, a discharge during the war, and before its end, in consequence of wounds, &c., is sufficient. But there is another ground in my judgment sufficient to sustain the claim. The objection is not that the claimant did not serve during the war, and was not afterwards honorable discharged, but that he did not serve out his term of enlistment. The enlistmnent being on the 29th of January, 1846, was, under the law as it then stood, for a term of five years. But the act of the 13th of IMay, 1846, (Session acts, p. 16,) authorized the President to increase the army by increasing each company to one hundred privates, and the enlistments to be made for the purpose are to "be for the term of five years and no longer, unless sooner disbanded by the President." The increase was to be made when the President thought "the exigencies of the public service" required it, and he was to reduce it when such exigencies ceased. Under this power, when the war ended, the reduction was made; and in making it, as he clearly had the right to do, he caused to be discharged some of those who were enlisted before M[ay, 1846, as'well as some who were afterwards enlisted. The claimant was among the former. The power to reduce was thought to be (and I think properly) independent of the character of the enlistment. The effect clearly was, to place those enlisted prior to the act of 1846 and those enlisted under that act upon the same footing as those enlisted after, as far as a discharge before the expiration of the termn of enlistment was concerned. The consequence of this clearly was, to make the enlistment of both classes to be for five years, "unless sooner disbanded by the President." The latter qualification was, by the act of 1846, made as much a part of the antecedent enlistments as of those it authorized. This being the case, it is, in my opinion, perfectly clear that the present claimant, having been discharged under the reduction provided for by that act, and such discharge having been an honorable one, is entitled to the benefit of the act of 1847, even conceding the view of the Pension Office to be right, that the terms " and who shall receive an honorable discharge," found in the first part of the 9th section of the act, mean only a discharge at the end of the enlisted term, if he was so discharged. His term of service after the act of 1846 was five years, unless APPENDIX I. 467 s'ooner disbanded by the President. If so disbanded, that was the expiration of his term of enlistment. But, in addition to all this, unless the words of the law admitted of no other meaning, would it be just to Congress to give them that interpretation? The nation was then at war, and the purpose was, because of the war, to encourage enlistments and good conduct in the army. This is done by the incentive of the promised bounty. The soldier is told: enlist, serve during the war, and be honorably discharged, and the bounty is yours. The pledge of the public faith is apparently complete. Now, if the construction of the Pension Office is the sound one, is it not clear that this pledge is but a false and deceitful instead of a fair one? Service, says the office, during the entire term of enlistment, is necessary, unless a prior discharge is caused by wounds or sickness. Before the term expires, then, (which may well happen, and in the present instance did happen,) Congress may direct or authorize the disbanding the army. Is it possible, in that event, the soldier having fully complied up to his discharge with his part of the engagement, and been prevented against his will and by the act of' the government from complying throughout, that he is not to be entitled to demand compliance on the part of the government? Every principle of justice and fair dealing is on the side of such a demand, and it cannot be that Congress designed to deny it. Upon the whole, then, I am of opinion that the claim of Hasson should be allowed. REVERDY JOHNSON.. To the SECRETARY OF THE INTERIOR. [113.] C' MARINE CORPS SERVING IN THE WAR WITH MEXICO ENTITLED TO B0UNTY LAND.The entire portion of the marine corps, whether they served on ship-board.or land, on the Mexican coast or in the interior, in the Mexican war, are to be considered, within the true meaning of the resolution of the 10th of August, 1848, as having'served with the army in the war with Mexico,' and are entithld to the bounty land and other remuneration which that resolution provides. " But in awarding it to such of the corps as may have received prize-money, such money should be carried, in the account, to the credit of the government; or, when not received, should be released." ATTORNEY GENERAL'S OFFICE, September 17, 1849. SIR: I have considered the question submitted by you to this office, as to what is the proper construction of the joint resolution of the 10th of August, 1848, (S'ess$ion acts, p. 225,) making certain provision for the officers, &c., of the marine corps "who have served with the army in the war with Mexico." Two battalions of the corps, under the seperate commands of Lteutenant Colonel Watson and Major Harris, were, as you inform me, "detached from the navy, and transferred pro ternpore to the army," to serve with it, under Major General Scott's command, in the war. That these are entitled to the benefit of' 468 APPENDIX I. the resolution, is considered by you, and properly, " as clear and indisputable;" but the doubt is, whether any other part of the corps is entitled? Upon this point, my opinion is decisive. With all proper deference to the judgment of my predecessor in the department, who, as I understand, gave the resolution that limited construction upon which as yet it has been executed, my opinion is that such construction is neither consistent with its spirit nor language. The interpretation I give to it is, that all the officers, non-commissioned officers, privates, and musicians of the corps who belonged to the vessels of the United States despatched to the Mexican coast, to -aid in subduing the cities and ports of the enemy, and conquering the country, and who were there for the purpose, are equally embraced by the resolution with the particular detachm ents under Lieutenant Colonel ~Watson and Maijor iHarris. All that is necessary to bring any portion of the corps within the scope of the provision is, that they should have "served with the army in the war with Mexico." Whether such service was on the land, or on the water, if it was rendered in connexion or association with the army, and to effect a common end-victory over, and conquest of, the enemy-it was serving "with the army in the war," The resolution prescribes no particular theatre of service. It is couched in general terms. Neither land nor ocean is, in any way, in words referred to. It is service generally, anywhere, and in any mode, during the war, in union with the army, that is intended to be provided for. Looking, therefore, only to the language of the resolution, as far as I have referred to it, I am clear that the limited view heretofore taken is erroneouso But if we consider the nature of the war, and the terms of the proviso to the resolution, the error is, I think, yet more apparant. First. The nature of the war. It had been one of invasion. The reduction of towns and cities upon the coast, and penetrating, possessing, and conquering the interior of the enemy's country, had been part of the struggle. Mere naval conflicts had not, from the very character of the contest, occurred, nor could have been anticipated. That part of the public force-the naval marine-had been put in requisition principally to assist in the objects of the invasion. Its operations were, in all cases, auxiliary to the operations of the army; in other words, the service it rendered was service " with the army in the war." It did nothing upon its own peculiar element. No part of its action had been entirely independent of the army. All the aid it had afforded was in connexion with the army, and the better to enable the army to make the invasion effectual. This, as far as the particular corps referred to in the resolution are concerned, was accomplished by special detachments-such as Lieutenant Colonel Watson's and Major Harris's; by service on land on the part of others-sometimes for a longer, sometimes for a shorter period; and by all on board the vessels of the United States; APPENDIX I. 469 liable at all times to be sent ashore, and always serving (though on board, for the reasons heretofore suggested) in aid of, and with the army in the war. The very character of the war, then, in my opinion, demonstates that the whole of the corps engaged in it, whether on the coast or on the land, "served with the army in the wtar." But if this is not already obvious, the proviso to the resolution makes it so. That says that "this remuneration (that given by the resolution) shall be in lieu of prize-money and all other extra, allowances." Whence the necessity of this qualification, if the construction I am resisting is a sound one-that Watson's and Harris's commands alone wvere included in the resolution? Their particular service having been altogether on the land, and under the actual command of Major General Scott-t;hey forming, in fact, no part of the naval marine during the war-could not have had title to prize-money. That could only have been earned by such portion of the corps as, during the war, were on board, ott belonged to, the capturing vessels of the United States. It would, therefore, have been not only idle, but absurd, to have substituted, as to them, the compensation given by the resolution for that of prize-money. They had no title to the latter; and, from the very nature of their service during the war, could not have acquired a title. But the resolution assumes that there may be prize-money due the corps, for whomn it provides, by stipulating that what it does so provide shall be in lieu of such prize-money. Congress, therefore, intended, by the body of the resolution, to embrace all the corps serving "with the army in the war," whether such service was had on ship-board or on land; and, in order to place all upon an equal footing, provided that what it gave, in addition to ordinary pay, as " bounty land and other remuneration," should be in lieu of prize-money when any part of the corps had earned that. The object was to place all on the same level-to give no advantage to one part over any other part of the corps serving with the army in the war; and as they designed to emubrace the whole portion of the corps so serving-those whose service on board ship might have given right to prize-money, as well as those who, serving on land, could not have acquired it-they inserted the proviso. It is impossible, 1 think, to doubt that the only conceivable reason for the proviso is, that the resolution embraced service by the corps on ship-board, as well as on land. I answer your inquiry, then, by saying that, in my opinion, the entire portion of the marine corps, whether serving on land or on board ship on the Mexican coast, in the Mexican war, are to be considered within the true nmeaning of the resolution of the 10th of August, 1848, as having "served with the army in the war with Mexico," and entitled to the "bounty land and other remuneration" it provides. But in awarding it to such of the corps as may have received prize-money, such money should, in the account, be carried to the 470 APPENDIX I. credit of the government; or, when not received, should be released. To the SECRETARY OF THE NAVY. REVERDY JOHNSON, [114.J " CLAIM OF THE WIDOW AND- CHILDREN OF GENERAL TEARNY. -TIle relatives of a deceased officer or soldier are not entitled, under the act of 19th July, 1848, to receive three months' extra pay on account of services of the ancestor, unless the ancestor was thus entitled at his demise. "Such claims are predicated on the idea that they are his statutory representatives, and as such they can only take that which the decedent himself could have taken had he survived. " And as those who did not engage for the war,for five years, or for any other specific period, and who were never honorably discharged, were not themselves entitled, their representatives have no valid claim." ATTORNEY GENERAL'S OFFICE, Nov. 2, 1849. SIR: Are the widows, children, &c., of officers of the army who were engaged in the military service of the United States in the war with Mexico, and who, being retained in the army, have since died in the service, or may hereafter so die, entitled to three months' extra pay provided in certain cases by the fifth section of the act of 19th July, 1848? (Session acts. p. 74.) The question you have submitted to me in the case of the widow of the late General Kearny, I have duly considered. If such claims are well founded, they are so by virtue of the act referred to, and not otherwise; there being no other law upon the subject. Are they embraced by that act? I think not. The section referred to (the other sections are fbr different objects) is not as well drawn as it might have been, but its meaning is nevertheless, I think, quite clear- as to one point; and, if so, it is decisive against such claims. It is this: that the widows, children, parents, brothers, and sisters, who were in succession to be entitled to the extra pay on the contingency of the officer's death subsequent to the date of the act, are only the widows, &c., of such officers who were themselves before death entitled to the pay. In other words, the provision for their representatives assumes that the title to the pay was vested in the ancestor before and at the time of his death. He, the ancestor, (the officer,) is, if living, to receive it; it is his right. He was the personal object of the nation's bounty; to him it is to be paid, if he demands it. And it is only contingently upon his dying after the act, without demanding and being paid it, or, in the language of the section, upon his death "without receiving the three months' pay herein provided for," that the particular representatives mentioned in the act are to be allowed it. To decide, therefore, in what instances the allowance is to be made to them, we must- ascertain in each case whether the deceased officer was hims'elf entitled to it before and at his death; for, if not, they are not. Their claim is through him, as his APPENDIX I. 471 statutory representatives. They get it because it was his; and, being his, has by death descended under the act to them. Who, then, are the officers entitled? This depends upon the first part of the section read in connexion (as it must be) with the grant of the pay in the- words irnmmediately preceding the proviso to the section and with the proviso. So read, the provision is: "That the officers, &c., engaged in the military service of the United States in the war with Mexico, and who served out the term of their engagement, or have been or may be honorably discharged, shall be entitled to receive three months' extra pay, provided, &c., that they have- been in actual service during the war." It is to the officer himself, therefore, that the pay is given; and it is only given to him if the term of his engagement has been served out or he has been or may be honorably discharged; or, under part of the section, to his- representatives, where he was killed ia battle or died in service, or, being honorably discharged, died before the act, or, being so discharged before the act, dies after the act. Besides the officers, the non-commissioned officers, musicians, and privates tWere also embraced. But to the title of each class, service to the end of their engagement or honorable discharge was made necessary to vest it in them. It was the right of Congress to make these the conditions of their grant; and they have done so. The Executive must see that they are performed in each case before he pays the allowance. Service, then, to the end of his engagement, or honorable discharge out of it, must exist on the part of the officer to make his title to the pay good. Did either exist in the instance included in the question before me? I think not. The officers there referred to had not entered into the service of the United States for any definite time. Theirs was not an engagement for five years, or for any other specific period, or for the war. They held their commissions generally and permanently, without reference to time. So, again, as regards them, it cannot be maintained that death in the after service of the country is to be esteemed an honorable discharge. The condition of discharge evidently was designed a discharge fromn the service of the officer himself in his lifetime. It was such a discharge as was to give him the right to the pay. To say this of a discharge by death would be absurd. The fact that would then give the right would, as far as the officer is concerned, render it useless. What makes, in my opinion, this view more obvious is, that the section which provides for representatives assumes, except in cases of antecedent death, the right of the officer to the pay and his power to have received it in his lifbtime. They, the representatives, are to be allowed it only when the ancestor has died, or may hereafter die, " without receiving the three months' pay herein provided for." It is, therefore, as to such an officer, as 472 APPENDIX I. statutory legal successors to the deceased, who, entitled to the pay in his lifetime, fails to receive it, that it is to be paid to them, To the validity of their title it is necessary to establish an antecedent vested title in their ancestor; and this, as I think, cannot be done in the case of an officer retained in the service after the war, and afterwards dying in the service. I aim of opinion, therefore, that the claims referred to cannot be allowed. REVERDY J-OHNSON. To the SECRETARY oF WAR. "RIGHTS TO BOUNTY LAN~D WARRANTS NOT DEVSABLE. —Soldiers entitled to bounty lands under the act of 11th February, 1847, but who have not received warrants therefor,. cannot dispose of their rights to such land or scrip by will. "The statute expressly directs, in cases of the the death of soldiers before their warrants shall have issued, that they shall be issued in favor of, and einure to, the benefit of their families or relations, according to certain rules of priority; and further provides that the land shall not be in any wise affected or charged with, or subjected to, the payment of any debt or claim incurred by such soldiers prior to the issuing of such certificates or warrants." ATTORN/EY GENERAL'S OFFICE, June 28, 1850. SIR: The question you have submitted to this office, upon the 9th section of the act of the 1 1th February, 1847, (Session Laws, p. 125,) has been considered. It is, whether the soldier to whom bounty is promised by this section can dispose of it by last will, wrhen he dies before the certificate or warrant issues to him? I think not, The construction of the Pension Office has, I understand, been uniformly in accordance with this view; and, in my opinion, that construction is the proper one. Neither the words of the law, nor its object, admit of any other. In the contingency of the death, which the question assumes, the direction of the law is positive that the " certificate or warrant shall be issued in favor and enure to the benefit of his (the soldier's)-family or relations," according to certain prescribed rules of priority. The supplementary act of' the 27th of May, 1848, (Session Laws, p. 232,) changes these, but not so as to affect this question. It also directs that "all sales, mortgages, powers, or otherl instruments of writing, made or executed prior to the issue of such warrant or certificate, shall be null and void to all intents and purposes whatsoever," and that the land shall not, in the hands of the family, "be in any wise affected by or charged with, or subject to, the payment of any debt or claim incurred by the soldier prior to the issuing of such certificate or warrant." The clear design was to secure the bounty to the family of the deceased in all cases where that event should occur antecedent to the actual grant to him of the title. The whole was but bounty. It was for Congress to give it at once and absolutely to the sol APPENDIX I. 473 dier, or qualifiedly, or conditionally. They have manifestly designed to vest the entire bounty in the family in all cases of death before, by being actually granted to the ancestor, it becomes thereby absolutely vested in him. With this view, they not only, in such a contingency, provide that the certificate and warrant shall " be issued in favor and enure to the benefit" of the family or relatives, but that it shall not in any way be responsible in their hands for "any debt or claim" of the ancestor, previously incurred, or be affected by any kind of contract or conveyance which he may have made. The terms in which this last provision is made are sufficiently comprehensive to embrace a devise, as well as a disposition to take efect in the lifetime, and, of course, exclude the bounty from its operation. I am clear, therefore, in the opinion that the construction of the Pension Office is the correct and the only one of which the section is susceptible. REVERDY JOHENSONo To the SECRETARY OF THE INTERIOR. [116.] " PENSIONS TO WIDOWS OF REVOLUTIONARY SOLDIERS.-The representatives of a widow of a revolutionary soldier, who received a pension under the act of 7th July, 1838, from the period of her husband's death to her own, have no claim for further payment on the pretence that her pension should have commenced at an earlier date. "The pension having been a personal bounty to the widow herself, and the decision fixing the time for its commencement having been acquiesced in by her, it cannot now be contested by her representatives. " All that passes to them on the death of a widow receiving a pension is the money which shall have actually accrued to her, and remains unpaid, for a pension allowed." OFFICS OF THE ATTORNEY GENERAL, Zugust 28, 1850. SIR: In your letter of the 21st instant, you are pleased to propose for my advice the following question: "Are the representao tives of a widow who died prior to the passage of the joint resolution of August 16, 1842, entitled to the benefit of the act of July 7, 1838?99 It would be difficult to answer the question in the general and abstract form in which it is put. But you inform me that it grows out of the case of Polly Knight, and refer me to the report of the Commissioner of Pensions and other papers connected with her case. From that report I have been enabled to learn the matter of controversy, and the particular point to lwhich your general question was intended to apply. It appears that Dr. John Knight was a pensioner for revolutionary services under the act of the 15th of AMay, 1828; that his pension was paid up to the 12th of March, 1838, when he died; that his widow, Polly Knight, under the act of July 7, 1838, applied for and obtained a pension in April, 1839, commencing at the time of his death, according to the practice of the Pension Office as it existed at the time; that pension was fully paid up to 4.4 APP ENDIX I. the time of her death, which happened before the passage of the resolution of the 16th of August, 1842, and before the expiration of the five years for which it was granted, computing from the death of her husband, on the 12th of March, 1838. These are the only facts necessary to a decision of the case, according to the views I have taken of it. Upon the above state of facts, the representatives of Mrs. Knight, since her death, contend that she was entitled to a pension under the act of 1838; that it ought to have been allowed to her from the 4th of March, 1836, and not from the death of her husband, on the 12th of March, 1838; and that they are now entitled to receive the amount of pension that would have accrued to her from the 4th of March, 1836, to the 12th of March, 1838. The single question is, whether this is a legal and valid claim? My opinion is, that it is not, and that the claim ought to be disallowed. Had Mrs. Knight been entitled to a pension to commence from the 4th March, 1836, yet having, during her life, acquiesced in the decision of the proper officer giving it a different commencement, her representatives have no right, as it seems to me, to contest that matter after her death. The pension was intended as a personal bounty to her, and not as a gratuity to her representatives. All that passed to them on her death was a right to have the money which had accrued under her pension as it had been actually allowed, and which remained unpaid at the time of her death., To the SECRETARY OFTHE INTERIOR. J. J. CRITTENDENo DECISIONS OF SECRETARIES [N RELATION TO PENSIONS AND LAND BOUNTIES. Applicant for a pension not entitled thereto, unless he has been mustered in the United States service. WAR DEPARTMENT, October 4, 1821.* SIR: Your letter, enclosing the papers of Thomas Pendexter, has been received. It appears, from the documents in this case, that the applicant, while a recruit and at the rendezvous, was taken sick, and was sent to, a house which was occupied as an hospital, where the surgeon administered some medicine which was so violent in its operation as to cause an abdominal hernia. Pendexter not having joined his regiment previous to his being attacked by the sickness, his claim cannot be allowed; no one being entitled to a pension, under the laws providing for invalids, who has not been mustered into the service of the United States, and joined regiment or corps. The papers of Mr. Pendexter have been, agreeably to the regulations of the Department, placed on the files of the Pension Office with other rejected cases. H01on. JOHN HOLMES. Alfred, Maine. J. C. CALHOUN. [2.] Pensions shall commence at the completion of the testimony. WAR DEPARTMENT, PENSION OFFICE, December 11, 1822. SIR: In answer to the inquiry as to what has been the practice in cases of invalid pensioners placed on the list by special acts of Congress, as to the time of commencing the pensions, 1 have to state that the pension has been made to commence (so far as I have been able to ascertain by a reference to the files) at the date of the last deposition made in support of the claim. The 4th section of the act of the 10th of April, 1806, requires the pension to commence on the day when the claimant shall have completed his testimony before the authority proper to take the same. * It would seem that the records of the War Department furnish no decisions in relation to pensions anterior to this date. 476 APPENDIX II. The 2d section of the act of the 4th February last declares that the pension shall commence at the time of completing the testimony pursuant to the act thereby revived. Hon. J. C. CALHOUN, Sec. of War. J. L. EDWARDS. [Indorsement.] WAR OFFICE, December 11, 1822. In pension applications hereafter, the rule adopted by Congress, within alluded to, will be adhered to. J. C. CALHTOUN. Proof of identity required in cases where the pension has not been claimed for one year or more. WAR DEPARTMENT, June 19, 1824. No payment will in future be made to any pensioner, either in person or by attorney, who has not applied for his pension for one year or more, without the production of evidence of his identity; the proof will consist of the certificate of a magistrate in the county in whichi the pensioner resides, setting forth either that he knows the applicant to be the identical pensioner named in the original pension certificate, which he must exhibit to the magistrate, or that it has been satisfactorily proven before him that he is such pensioner; the signature of the magistrate to be certified under the seal of the court of the county. JAMES L. EDWARDS, Esq. J. C. CALHOUN. [4.] To obtain a pension, disability must have occurred in the line of duty. SURGEON GENERAL S OFFICE, July 15, 1824. SIR: In reply to your inquiry relative to the persons considered to be entitled to pensions, I am directed by the- Secretary of War to state, that the law is understood to embrace only those who have been injured in the service of the United States, while actually employed in duties peculiar to them as soldiers; or from exposure to inclemencies of the weather at the posts, or stations at which they may have been put on duty; or, while on the march to such stations. Such complaints or injuries, therefore, as are merely the effect of time, or of peculiarity of constitution, or are produced by accidents to which they would have been equally liable in their ordinary occupations in civil life; or which have occurred by their own fault, cannot of course entitle to a pension from the United States. JOS. LOVELL, Surgeon General, DR. T. G. MOWER, Surgeon U. S. Army. APPINDIX I. 4m7 W'hen the rolls do not show the disability of an applicant, pension not to be granted without explanation. WAR DEPARTMENT, January 10, 1825. SIR: The memorial and papers in support of the claim of Laban Brown to a pension, which were referred to this department by the Committee on Pensions, have been examined. The rule in the investigation of such cases is, not to grant a pension for disability alleged to have been incurred during or since the late war, unless the testimony adduced by the applicant be corroborated by the rolls in this or the Treasury Department, except only in cases where sufficient reasons are given for the want of such corroborated evidence. In this case, there is no return made of the claimant's disability, nor is there any reason assigned for the omission of such return. Under this rule, the claim cannot be allowed. As it is deemed important, it cannot be dispensed with. The documents are herewith returned. J. C. CALHOUN. Hon. PETaER LITTLE, Ci. Cornm. Pen. 4 Rev. Claims, H. R. [6.] Debts of claimants to be taken into the estimate of their indigence. WAR OFFICE, ifcay 13, 18 26. The rule heretofore observed in deciding on revolutionary claims, which directs that no debts due from claimants, except judgment debts, are to be taken into consideration, is herteby rescinded.* In future, the amount of debts of every description, due friom the claimant, when proved to be bona.fide debts, will be deducted from the amount of the schedule, and the balance then remaining in the claimant's possession, free of incumbrance, vwill determine the claimant's right to the pension, on account of indigence. To J. L. EDWARDS, Esq. JAMES BARBOUR. [7.] Yearly interest of property, if less than the amount of pension, not to interfere, DEPARTMENT OF WAR, October 15, 1828. The rule t of the department in regard to revolutionary soldiers is understood to be, not to withhold a pension on the ground of property, unless the yearly value of the property possessed by the claimant, shall exceed the amount of the pension. * The rescinded rule, heretofore observed, was never reduced to writing, and therefore cannot be formally introduced here; but its substance is sufficiently stated in the rescinding rule. t The rule referred to, was hitherto only verbal; but the above recognition of it has upplied the deficiency thereafter. 478 APPENDIX Il By the application of the same principle to oficers, (our laws having throughout recognized a distinction between the living and expenses of an officer and private soldier,) it would seem that property should be no bar to the claim of an officer, when its yearly value does not exceed the amount of his pension. To J. L. EDrWARDS, Esq., P. B. PORTER. [s. ] Total disability defined to be that (however trivial) which cannot be wholly or in part removed. DEPARTMENT OF WAR, October 23, 1828. SiR: In answer to your inquiry of this morning, I unhesitatingly give it as my opinion that the words " total disability," as used in the proviso of the act, entitled " An act regulating the payments to invalid pensioners," passed March 3, 1819, were intended as descriptive only of the nature or character, and not of the extent of those disabilities-the biennial repetition of the proof of which is declared to be unnecessary. The object of the enacting clause of -this law, which contains but one section, is to oblige pensioners to exhibit proofs of the state of their respective disabilities at given periods, with a view to graduate the amount of the pension by the extent of the disability for the time being. The object and spirit of the proviso is to save those pensioners who are placed on the list in consequence of disabilities which are in their nature permanent and unchangeable, the trouble and expense of a useless repetition of proof; and they equally embrace cases (technically speaking) of partial and total disability. The word " total', therefore, as here used in connexion with " disability," should not be taken in its technical sense, as indicating that extent of disability which entitles to a full pension; but in its ordinary sense, and conveying the same meaning as if the: word perfect, a complete, a permanent, (for each of which it is often used as a substitute,) had been employed. The proviso indeed explains itself by adding to the words " total disability," the following exemplification of its meaning, viz: "in consequence of the loss of a limb, or other causes which cannot, either in whole or in part be removed." If a soldier loses an arm or a leg, he presents a case of total disability, which entitles him to a full pension, and he need not repeat his proof because the record shows that the disability is such as cannot in the nature of things be removed. But if a man lose only two fingers or two toes, it is a case of partial disability, and he receives only a part pension. It would however be equally idle and absurd to require him in this case to prove every two years that his fingers or toes have not grown out again, as it would, in the other, to oblige him to show that his arm or leg has not been restored. P, B. PORTER. JAMEs L. EDWARDs, Esq., Pension Office, [9.] Provision for wounds and disabilities not repealed. DEPARTMENT OF WAR, November 18, 1828. SSiR The Attorney General, to whom the question has been referred, has given his opinion,, in which this Department fully concurs, that the act of the 2d of March, 1821, "to reduce and fix the military peace establishment" does not repeal or vary the pre-existing laws on the subject of pensions; and that the same provision "for wounds and disabilities," which existed under the act of March 3, 1815, are still in force, under the analogous act of March 2, 1821. P. B. PORTER. MR. JAMEs L. EDWARDS, Pension Office. [ 0. ] Rules to correct inequalities in estimating the indigence of applicants for pensions. DEPARTMENT OF WAR, December 26, 1828. SIR: The present practice of your office, in regard to the amount of property which under the law of May 1, 1820, shall disqualify a person firom receiving a pension, is deemed to be unequal in its operation on different classes of applicants: to correct which inequality, the following rules will hereafter be observed. The object of the pension law is to provide for the absolute wants of the poor but meritorious soldier, of the revolution: and the highest rate of pension is supposed to be the smallest sum that will affobrd a comfortable support to an individual~ In accordance with this principle, the following rule has been adopted by the Department, and is hereby continued, viz: 1st. When the whole property of the applicant consists in a yearly or fixed income, (such as an annuity for life, bequest, rent, or charge upon lands, or any other incorporeal right,) which is not convertable into capital, he shall not be deprived of a pension, unless such yearly income exceed the full yearly pension of a soldier. In addition to which the following rules, corresponding in principle, are hereby established. 2d. When the applicant's property consists in money, stock, houses, lands, or such other property as he can, at pleasure, convert into money or capital, it shall not deprive him of the right of pension, unless its yearly proceeds, estimating them at ten per cent. on its total value, shall be equal to the amount of a full pension. 3d. When the applicant's property is mixed and consists of both species, he shall not lose his pension, unless their aggregate See opinion of Mr. Wirt, No. [24.] p. 356, ante, 480 APPENDIX IIT income, estimating by the preceding rules, shall amount to a XI1 yearly pension. As the pension laws of 1818 and 1820, are not predicated on any pre-existing engagement of the government, but were intended as a gratuitous provision for the support of aged individuals, for the time being, the two last regulations will not be considered as retrospective in their operation. To obtain the benefits arising from the foregoing regulations, in every case where a claim has been rejected under the former regulations, a new declaration is now deemed essentially necessary, in order to show what is the present state of the claimant's property' and to prove his indentity. MR. J. L. EDWARDS. P. B. PORTER. [11.] Rules [13] ante, based on the destitution of the applicant. DEPARTMENT OF WAR, Februaryl 2, 1829. SIR: The regulations of the 26th of December last, in regard to the effect of property on the right of pension, were intended to rescind and supercede all pre-existing regulations on that subject; and were based upon the following simple principles, viz: It being the declared object of the law to make provision for such revolutionary officers and soldiers and such only, as had performed certain services, and were destitute of the meanns of supporting themselves, and the sum of eight dollars a month, or 96 dollars a year, having been assumed as the smallest amount that would afford a comfortable support to an individual; it follows of course that where the applicant's property is not sufficient (estimating by the rule laid down in the regulations,)to produce that income, he is entitled to the benefit of the law; but if his property exceed that amount, he is not deemed to fall within its provisions. The distinction formerly recognised between an officer and a private, in regard to the amount of property which should operate as a disqualification, is of course done away-the more liberal provision of the late regulations rendering its continuance unnecessary. JAMEs L. EDWARDS, Esa. P. B. PORTER. [12.] Officers in receipt of pay in the army, not to be placed on the pension list. WAR DEPARTMENT, April 8, 1829. The President of the United States directs that, in future, no person while in the receipt of pay or emoluments as an officer of the army, shall be placed on the pension list, APPENDIX IT. 481 The rule of the 11th of December, 1822, is rescinded. Hereafter the evidence in no invalid case, where the laws direct the President to prescribe regulations, shall be considered complete, until it shall have been duly authenticated; and no surgeon's affidavit or certificate shall be deemed evidence of disability sufficient to justify the issue of a pension certificate, unless the same shall have been received at this department within one month from the date thereof: By order of the President U. States. J. L. EDWARDS, Esq. JNO. H. EATON. [ 13.] Pension to commence from the date of the examination of the claim in the office. The evidence in support of pension claims is not deemed to be complete until decided on by the War Department. In future, therefore, the pension in all cases is to commence at the time when the decisions is had on the claim, unless there has been a delay in the examination of the department; in which case, the pension is to commence at the time when the documents in support of the claim are received. Affidavits or certificates in relation to invalid claims, whether original or for increase of pensions, may be received as evidence, if deposited in the department within three months from the date thereof. Under the act of March 2, 1829, the widow or children of a deceased pensioner, as the case may be, must prove that they are such, before a court of record, and get a certificate of the fact from the clerk of the court, under his seal of office, before the arrears can be paid, according to said act. Approved, December 22, 1829. J. H. EATON. [ 14.] Indigence occasioned by alleged debts to children must be clearly shown. WAR DEPARTMENT, January 19, 1830. SIR: In cases of alleged indigence and revolutionary pensions, sought for in your office, let this rule prevail, which will save any future references to me. In cases where the indigence has been occasioned by claims derived from children, let it clearly appear that the debts arose for fair and proper consideration. If for services rendered, that must be made apparent by written contract. J. L. EDWARDS, Esq. J. H. EATON. 38 482 APPENDIX HI. [ 15.1 The case of" Furgerson for a pension," shows that official delays jeopard the claims of applicants. WARI DEPARTM:ENT, April 27, 1830. In 1825~ it was determined that this was not a case of disability which came within the provisions of the acts extending invalid pensions. Subsequently it was decided differently by the Attorney General, and in 1827 the applicant was apprised of' that decision, and instructed to complete his proof by procuring the certificate of two surgeons to the disability. In 1825 the proof was- complete-Doctors Lovell and Pitcher having certified that the disability was one-half. In 1827,t when the opinion of' the Attorney General was had, Furgerson could not have been admitted under the surgeons' certificate then on file, because two years had elapsed, within which time by the regulations, even had his name been placed on the roll, it could not have continued without a re-examination and further certificate. Thus, without offering the proof required, the matter rested until the 19th instant, when Dr. Pitcher again, though alone, certifies to the continued disability. Still the case is not brought within the regulation, the certificate of another surgeon being wanted; yet, for the reason that this case has been so protracted, I think the certificate of this single surgeon may be placed in connexion with that of Dr. Lovell given in 1824, so as to induce to the conclusion that the proof was completed on the 19th of April, 1830. From that period let him be enrolled. J. L. EDWARDS, Esq. J. H. EATON. [16.] Claims for increase of pension to be presented periodically through the agents for paying pensions. APRIL 11, 1831. No claim to an increase of pension will be examined, except at those periods when the biennial examinations take place. The usual evidence will then be prepared, and presented to the pension agent where payment is made. He will forward the surgeons' affidavit, pension certificate, &c., to the War Department, with a statement by him that he knows the surgons to be reputable in their profession, or believes, on the information of others, that they are so. J., H. EATON. * This was a verbal decision on the case, of which there are no documents; but that defect is supplied by the above recognition. t This also was a verbal decision on the case, of which there are no documents; but that defect is supplied by the above recognition. APPENDIX II. 483 [17.] Total disability reduced to half disability, and finally eoparded by official impediment. WAR DEPRATMENT, MIay 11, 1831. Elijah Layton, an invalid pensioner, was paid last to the 4th of March, 1819. lHe was then paid for total disability. Since that time he has received nothing-having never made application. He now applies for his arrearage of pension from March, 1819, to this time. His present certificate shows only half disability. By the act of the 3d of March, 1819, it is provided that thereafter the certificate of two respectable surgeons, properly certified, should be necessary to authorize the payment of invalid pensions; and that the same should be repeated every two years. Mr. Layton has failed to comply with this act, and, of course, is excluded from the benefit of the pension heretofore allowed. He must now make out a case de novo, with certain evidence as to his identity. J. H. EATON. P. S. This rule is to be general. [18s.] Rule [14,] ante, rescinded. WAR DEPARTMENT, October 21, 1831. SIR: So much of the regulation made by the Secretary of War, in his letter to you of January 19, 1830, as requires that a written contract shall be produced in all claims for services made by children against their father, will hereafter be rescinded. J. L. EDWARDS, Esq. LEWIS CASS. [19.1 Rule [16,] ante, rescinded. WAR DEPARTMENT, November 17, 1831. The rule of April 11, 1831, which directs that no application for an increase of pension shall be made except at the biennial examination, is hereby rescinded. All applications for increasewill, however, be made as heretofore, through the pension agents, in order that the agents may certify as to the character of the surgeons, except in cases only where the surgeons are known to this department, or where the examinations are made by surgeons of the army. LEWTI$ CASS. 484 APPENDIX If. [20.] The administration of the pension laws must proceed on general principles& * WAR DEPARTMENT, January 20, 1832. This department, in the administration of the pension laws, as well as in all other cases, must proceed upon gener.al principles, applicable to all who present their claims for considerattion, and calculated to secure the just rights of individuals, as well as of the government. Numerous cases have been presented, where, since the passage of the pension laws, property has been conveyed to members of the applicant's family, or sold, and the proceeds approtpriated to the payment of debts, said to be due to them. Such cases are primaJ fcie objectionable. They came forward under suspicious circumstances. And to prevent that abuse, to which they might otherwise lead, the transaction should be fully explained, and, as far as possible, by persons not connected with the parties. In this case, the statement of the father and son is, that the latter labored for the former from 1816 till 1824, when, upon the sale of the property, he was paid 8480. This is not satisfactory to me. It appears highly improbable that the young man should work eight years without any pay or security, or evidence of debt. - And I also require other testimony to show the amount and value of this labor, and the relative situation and circumstances of these persons, during this time. J. L. EDWARDS, Esq. L. CASS. [21.] Rule [13,] ante, rescinded-proof complete at the date of last certificate. WTAR DrEPARTMENT, Jeanlcary 30, 1832. The rule of the 14th of January, 1830, (December 22, 1829, [13,1 ante,) which declares that the testimony in support of' a pension claim is not considered complete until a decision is made on the case by the proper officer of the Department, except in cases where delay occurs imputable to the Department, is hereby rescinded; and the rule is revived, which declares that the evidence is perfect when no objection whatever exists to the admission of the claim. In future, therefore, the pension will commence at the date of the last certificate which authenticates the paperso Pensions granted to officers or soldiers of the present peace establishment will commence at the date of the last certificate of the officer whose duty it is to certify, and if, in any case, an affidavit should be necessary, then the rule above mentioned is tlo be observed. The acts respecting invalids of the revolution are so explicit as to render any rule unnecessary. The rule of November, 1830, respecting agents, is also rescinded. L. CASS. * This rescinded rule does not appear on the record. APPENDIX II. 485 [22.] Probate courts in Vermont are courts of record. D.PARTMENT OF WAR, November 2, 1832. SIR: On consultation with the Attorney General, I have dec;ded that the probate courts of Vermont are courts of record, within the meaning of the regulations prescribed by this Department, for carrying into effect the act of June 7th, 1832, grailting revolutionary pensions, and those courts will be recognised as such in the adninistration of that law. J. L. EDWARDS, Esq. LEW. CASS. [23.] The practice of the offce, or general legal provision, do not govern or render inoperative the provisions of special acts.'A DE PART'iiENT, PENSION OFFICE, an ll"ry 3, X1333. SIP: Th 7e act of 14th July, 1832, chapter 260, section %, dikects the Secret'Lary of WVar to place the name of J. P. Prestoan on the invalid pension roll as an oficer of the late war, and to allow him " the amount t1 which would have been due him had he made his appliceation at the time he received his wound." In November, 1813, when Colonel Preston was wounded, the practice of this Department was not to allow a pension toany officer while in the service. IIf Colonel Preston had therefore at that time applied, he could not have obtained a pension agreeably to the then existing rule, unless he had first resigned his commission, in which case the pension wrould have commenced at the time of his resignation. -Upon the principle adopted by the Department, Colonel Preston's pension was allowed from the time when his pay as an ofrcer ce:ased. The Colonel remained in the service till the army was disbanded, on the 15th June, 1815, from which period his stipend has been paid. The letter of the Hon. J. Y. Mason on the subject is herewith returned. Hon. LEwis CAss. J. L. EDWARDS. DEPPARTMENT OF WAR, January 3, 1833. In the case of Colonel Preston, presented by AMr. Mason, I am of opinion that the pension allowed by the act of Congress of July 14th, 1832, should commence from the day Colonel Preston received his wound, and in this opinion the Attorney General coincides. From the phraseology of the law, it is evident to me that Congress considered the day of the disability as the proper period for the commencement of the pension. He is allowed "the same amount which would have been due to him had he made his application at the time he received his wound." If the practice of the office, which did not allow the granting of a pension *Answer to the above. 486 APPENDIX II. to another while in the service, could control the above provision, the period fixed by the legislature would be inoperative and useless. That practice was not required by the original pension law. It was a matter of executive regulation, and might at any time have been dispensed with by executive authority. If Congress had intended it should have been adhered to in this case, the provision would- naturally have been-Colonel Preston should receive his pension from the period when he quit the army. The reference to an earlier period must have some meaning, and the only rational construction I can put upon the clause [is] that Colonel Preston's pension should commence when his disability commenced: the object of the act being clearly to dispense with the application, and to fix, itself, the time from which the pension should be drawn. It may be added that subsequently to this time, instances occurred in which pensions were granted to officers of the army while they continued in service. LEW. CASS. [24.] Officer disabled in line of duty in a highei grade than his commission, is entitled to pension according to the higher grade, though not commissioned. WAR DEPARTMENT, PENSION OFFICE, January i5, 1833. SIR: I have the honor to report the question made by the representatives of Peter S. Schuyler, agreeably to your instructions. The accompanying paper, marked A, presents the question and the facts which enter into its merits; B is the extract of the minutes of the Provincial Congress relied upon by the representative; and C a copy of the proposed answer of the department. The Hon. L. CAss, Secretary of War. J. L. EDWARDS. The within question has been referred to the Attorney General.* HIe is of opinion that service in a military office, even although the commission may not be issued, or may not date back to the commencement of the service, entitles the person to a pension for such service. See the rule be so applied in this case. L. CASS. [25.] Evidence of a commission necessary in certain cases. WAR DEPARTMENT, February 21, 1833. Claims are frequently presented, under the act of 7th of June, 1832, of persons who allege that they acted as officers without receiving commissions. Such applications should be received with caution, and examined with special reference to the peculiar circumstances of each case. A commission is not in every case indispensably necessary to invest a person with rank or X This is endorsed as an aniswer to the above. APPENDIX II. 487 command, or to entitle him to the emoluments of the office which he fills; but some act or instrument of writing tantamount to a commission, or promise of a commission, is deemed essential. It must in all cases be clearly shown that the person who claims as an officer, and never held a commission as such, was prevented from receiving one in consequence of peculiar circumstances over which he had no control. The mere asseveration of a person as to his having performed the duty incumbent on an officer of a certain grade, does not entitle him to the pension due to an officer of that grade. LEWIS CASS. [26.] Member of Congress may certify as to the character of a surgeon. WAR DEPARTMENT, Novenber 29, 1833. The rule of November 17, 1831, is hereby so amended as to allow the certificat.e of a member of Congress, as to the character of a surgeon or physician, to be received in a case where the pensioner cannot conveniently obtain the certificate of the agent for paying pensions. LEWIS CASS. [27 Testimony of two witnesses as to disability required, in cases where commanding officers are dead. WAR DEPARTMENT, June 17, 1834. The rule of December 23, 1817, which requires the testimony of a commissioned officer to show the origin and nature of the corporeal disability of an applicant for a pension, may be dispensed with in a case where it is clearly shown that such evidence cannot be obtained, and where other satisfactory proof of disability can be obtained. In suchi a case, the following rules of evidence will be adhered to. 1. The applicant must make a declaration setting forth all the material facts in the case, and the surgeon must testify as the rule of December 23, 1817, directs. 2. He must prove, by persons of known respectability, that the officers mentioned by the claimant in his deposition are dead, or removed to such a distance as to render it impracticable to obtain their affidavits. The person or persons who may give such evidence must state particularly all the knowledge they may possess in relation to the death or removal of' such officers. 3. In such a case as that mentioned in rule No. 2, the applicant must produce the testimony of at least two credible witnesses, whose good character must be vouched for by some one known to this department. The witnesses must give a minute 488 APPENDIX II. narrative of all the facts in relation to the matter, and it must be shown conclusively, by their testimony, that the disability of the claimant is to be ascribed solely to injury sustained while the claimant was in the discharge of military duty in the service of the United States. The witnesses must show how they acquired a knowledge of the facts set forth, and state in what capacity or grade they served. The affidavits must be authenticated in the same manner prescribed by the rule of December 23, 1817. LEWIS CASS. A person discharged as a minor not deprived of his right to a pension. FEBRUARY 10, 1836. If a person enlists in the service, and, while there, is disabled, and entitled under existing laws to a pension, and subsequently discharged before the expiration of his term, as a minor, I think lie does not lose his claim to a pension. LEWIS CASS. [29.] Declaration may be made by a relative of a claimant in case of insanity. On consultation with the Attorney General, he is of opinion that, in all cases of insanity or of mental infirmity destroying the faculties, the statement of the nearest relatives of a person claiming a pension may be received under oath, recapitulating his own account of his services as given prior to such incapacity; and that if such statement would have been sufficient to warrant the pension, if made by the party himself, it shall be deemed suffcient in those cases. Let this be the rule. LEWIS7 CASS. [30.] Executors or administrators are the legal representatives in claims on account of service in the Virginia State line. WAR DEPATMENT, IMarch 5, 1836. SIR: In consequence of the opinion given by the Attorney General, in his communication to this department of yesterday, that the executors or administrators (as the case may be) are the legal representatives contemplated by the act of Congress of the 5th July, 1832, of all deceased officers included in the act, the rule which requires that the assent of the heirs be had to the payment of the money to the administrator or attorney at law, or in fact, is hereby rescinded. To the COMMISSIONER OF PENSIONS. LEWIS CASS. APPENDIX II. 489 [31.] Overpayments considered as a debt in certain cases. WAR DEPARTMENT, PENSION OFFICE, February 20, 1837. SIR: In relation to the case of Richard Vernon, referred to in the enclosed letter from the honorable A. P. Maury, I have the honor to make the following report: Captain Vernon's pension of 8420 for two years' alleged service was granted at a time when the department possessed but an imperfect knowledge of the service of the troops with whom he served, and principally upon his own statement as to the du-. ration of each tour of service, though he had abundant proof of his having several times been called on to perform militia duty. So soon as it was ascertained that his service fell short of one full year,'the pension was reduced to 8189, the amount due for eight months as lieutenant, and four months and four days as capt-ain. In conformity with the practice of this department, the amount overpaid has been directed to be stopped from ifu ture payments. Mr. iMaury appeals from the decision of this o nce in this case, on the ground that the retention of the pension until the government shall have been reimbursed is illegal. The question on this point is submitted to your consideration. J. L. L. EDWARDS. Hon. B. F. BUTLER, Secretary of War ad interim. Exceplt where the overpayment has been made by fraud, I think it most agreeable to the spirit of the pension laws to treat the overpayment in the light of money paid and received by mistake, and constituting a debt from the pensioner to the United States whcl is no bar to to the payment of the pension, according to the equity of the act of 20th May, 1836. iMrarch 13, 1837. B. F. BUTLER. [32.] Pension of a husband not to be deducted in certain cases. WAR DEPARTMENT, PENSION OFFICE, fatly 24, 1837. SIR: I have the honor to state the following case for your decision: Catharine Oakley, formerly Catharine See, was married to William Douglass in 1778, and at different periods, before and after the marriage, he served nine months, for which service she is entitled to a pension under the 3d section of the act of July 4th, 1836. But, after the death of Douglass, she married on the 1st of March, 1832, a pensioner named William Oakley, who died on the 2d November, 1835. As by the decision of the department, in conformity with the opinion of the Attorney General, the widow of a person who was a revolutionary pensioner, and who died 490 APPENDIX II. after the 4th March, 1831, cannot be allowed to draw from an earlier period than the day of his death, it would seem to establish the principle that the widow who may become a pensioner cannot draw pay for any period during which her husband received a stipend. If Douglass, who died in 1832, had drawn a pension up to the year in which he died, there would be no question as to the propriety of deducting the amount which he might have received. Such a deduction would be in strict conformity with the practice of the office. But a doubt arises in this case, whether the amount paid to Oakley can be deducted; because, although, as his wife, she derived some small benefit from his pension on account of his revolutionary service, yet, as that service could not, under the act of' July 4th, 1836, be availing to her, it does not appear to accord strictly with principles of justice that she should not reap all the advantages which the services of the first husband gave her. The pension of 1836 was intended as a reward for the sufferings of those women who had husbands in the service during the revolutionary struggle; and it would seem to be an infringement of their rights not to allow them the full amount to which their husbands would have been entitled under the act of June 7, 1832. I submit, therefore, the following question: Can the pension paid to William Oakley, during the time he was husband to Catharine Oakley, be deducted from the amount due to her, under the act of July 4, 1836, on account of the revolutionary services of William Douglass, to whom she was married during said service? J. L. EDWARDS. Hon. JOEL R. POINSETT, Secretary of War. The pension paid Oakley during the period he was husband of Catharine, widow of Douglass, ought not to be deducted from the pension due her on account of the services of her former husband. J. R. POINSETT. [33.] Decision of supreme court of appeals of Virginia binding on Department of War, under act of 5th of July, 1832. WAR OFFICE, August 16, 1832. The case of Doctor John Applewhaite, deceased, having been decided by the superior court of Henrico in favor of the claimant, on the principles of the half pay cases already decided in the supreme court of appeals of the State of Virginia, the decision is, in my opinion, binding upon the department, and there is a legal obligation under the 5th clause of the last section of the act of the 5th July, 1832, to pay the money due the heirs of the deceased Dr. Applewhaite. J. R. POINSETT. APPENDIX IT. 491 [34.] Certificate of United States judge as to the character of a surgeon. WAR DEPARTMENT, December 4, 1838. The rule of November 17, 1831, is- hereby so amended as to allow the certificate of a judge of any of the United States courts, as to the character of a surgeon or physician, to be received in a case where the pensioner cannot conveniently obtain the certificate of the agent for paying pensioners. J. R. POINSETT. [35.] Children of soldiers, or of their widows, may draw what was due to their parents when they died, although not claimed, or the proof might not have been perfected, at their death. TREASURY DEPARTMENT, MI'arch 29, 1839. SiR: Yours of the 27th and 28th instant, relating to a requisition for "unclaimed pensions" issued in favor of Jesse Gove, Vermont, is received, and I will delay issuing the warrant until I hear again from you. In respect to the other point, I had always supposed that the granting a pension was a personal matter, and when the claimant died, the claim did not descend to his heirs or representatives; or if the certificate issued incautiously to a claimant after his death, that it was void. Any other view I supposed would lead thousands to apply for pensions for their fathers and grandfathers who may have died after the law passed, and with claims to the pensions, but who never perfected their title, and obtained the certificate while living. If the certificate issued while the claimant was living, then, of course, I supposed the heirs could receive any arrearages, and only then. If there has been an opinion of the Attorney General the other way, or any express legislation, then, of course, no doubt could be sustained in the case; but, otherwise, I would thank you to lay this letter before the Secretary of War. JAMES L. EDWARDS, Esq. LEVI WOODBURY. TREASURY DEPARTMENT, April 4, 1839 SiR: Yours of yesterday is received, noting an endorsement upon a communication from this department of the 29th ultimo, by the honorable the Secretary of War, with regard to "unclaimed pensions." The pension laws in the Navy Department are, in several respects, different from those in the War Department. In the navy they often were for wounds received, or were sums given for a limited term of years to maintain children of persons deceased in the service; and, generally, I suspect, required no application and oath by the party claiming the pension to his poverty, service, 4c. 492 APPENDIX II. But in the cases of persons in the War Department, under the act of March, 1818, if not under other acts, the oath of the party claiming was expressly required by regulation, if not by such laws; and I do not see how it could be displensed with, whenl required by either, and especially if by law. Nor do I see how a pension could descend to the heirs, if the fund was a gratuity, as in the present case, merely to maintain the claimant Th-ile alive, and he or she did not choose to apply for it, or did not apply and succeed in season. But if the case in the fNavy Department is, on examination of the facts, supposed by the Secretary of War to be sirmilar in all respects to the present one, I shall be happy to acquiesce. Otherwise, it would seem to me expedient to take the opinion of the Attorney General in this description of pensions. J. L. EDWAxDS, Esq. LEVI WOODBURY. WAR DEPARTMENT, PENSION OFFICE, April 5, 1839. Sirn: I have the honor to acknowledge the receipt of your letter of yesterday. The endorsement of the Secretary of W1,Tar, to which you alltude, was not made on your letter, but on a communication made by me on the subject, a copy of which I now enclose, firom which you will perceive that the practice in this office of granting to the widow or children of an officer or soldier the amount due to the deceased, although he failed to apply for it, originated in a written rule which emanated immediately from the Secretary of War in 1832. The principle appears to have been sanctioned by Congress, as it was promulgated in the regulations under the act of June 7, 1832, and ten thousand of' those regulations were printed by order of Congress. So long ago as in July, 1828, it was the practice of the Treasury Department, under the act of May 15, 1828, to pay the amount due, although the officer or soldier might not have applied. The Attorney General, however, does not appear to have been consulted on the subject. The laws in relation to pensions granted in this office embraces every variety of descriptions that the navy pension laws provide for. The only pensions in which the widow or children are allowed any part of the pension after the officer or soldier's death, unless lie made application and first established his claim, are those under the acts of May 15, 1828, June 7, 1832, July 4, 1836, and July 7, 1838. The acts in relation to invalids allow the pension from the time when the claimant completes his proof. The act of March 18, 1818, makes it indispensably necessary that the claimant should make a declaration before a court of record, and not only prove his service, but his indigence also. Those pensions also commence at the time when the, officer or soldier completes his proof. I have laid a copy of your last letter before the Secretary of War, with a copy of this communication. Hlon. L. WOODBURY. J L. EDWARDS. AVPPENDI It. 493 TREASURY DEPARTMENT, April 17, 1839. SIR: Yours in reference to the claim of Mrs. Green for arrearages, or "unclaimed pensions," is received. Before issuing a warrant for so large a sum, I would be obliged to know if the Secretary of War has re-examined the law upon which the pension in this case was granted, and is, on reflection, sa'tisfied that it is a case where the ancestor of the heir, though entitled, did not receive a certificate while living. JAMEs L. E DWARDS, Esq. LEVI WOODBURY. Upon the above letter, the Secretary of War made the following endorsement: I find, on examining into the subject, that both the invariable practice of this department under my predecessors, and the united opinions of Mr. Attorney General Wirt and Mlr. Attorney General Butler, warrant the construction put upon the law by the Commissioner of Pensions. J. R. POINSETT. L36.] Pensions to widows under act of July 7, 1838, to begin when the husband's pension terminated in certain cases. WAR DEPARTMENT, Pension Office, April 1, 1839. SIR: At the instance of A. Ward, Esq., of Sing Sing, New York, I enclose herewith three letters touching the case of Abigail Delamater. This is a case in which Mr. W\ard appeals from the decision of this office. The grounds of his appeal vill be seen in his letter of the 25th ultimo. Under the law of July 4th, 1836, the pension is directed to commence on the 4th of March, 1831, and in all cases it does commence on that day, provided the husband was not a pensioner at that time; but if he was a pensioner after the 4th of March, 1831, the practice is to commence the pension on the day when he died, because it is believed that it was not the intention of Congress to permit the widow to receive a pension for any part of the time during which the husband was a pensioner. The Attorney General, in his opinion on this subject, dated the 13th of April, 1837, says that "in all cases where the husband was in the receipt of a pension [after the 4th 5March, 1831,] under any of the revolutionary pension laws, until the time of his death, the pension of the widow, under the act of July 4th, 1836, can only commence from the date of her husband's death. This is evidently the general principle of the law." Now, the principle I understand to be the same in both laws, fronm the close analogy which exists between the two classes of cases.'Mrs. Delamater's husband, Isaac, was a pensioner under the act of June 7th, 1832, and died on the 9th of July, 1837. Up to the day of his death the pension was paid, ~494 APP:ENDIX II. and her pension commenced when his terminated. This is the rule under the act of 1836, supported by the opinion of the Attorney General; and the same rule has obtained under the act of 1838. If the decision be erroneous, the Secretary of War, or the Attorney General, will reverse it. Hon. J. R. POINSETT. J. L. EDWARDS. This letter was endorsed by the Secretary of War in the following words: This opinion and decision of the Commissioner of Pensions are fully concurred in by me, and are so clearly right, and so entirely in conformity with the opinion of the late Attorney General, that it is not deemed necessary to consult Mr. Grundy on the subject. J. R. POINSETT. [37.] Children of the widow, and not an executor, entitled to the amount due her. WAR DEPARTMENT, January 25, 1840. The widow of K —- Knowles, an officer of the revolutionary army, had children by him, who survived him, and some or all of them are still living. After his death, she intermarried with Foot, and had issue by him. who are now in being. She applied in 1839 for a pension, under the 3d section of the act of July 4, 1836, in right of the services of Knowles, she having again become a widow before the passage of' the above law, which brought her within the provision of the act of 3d March, 1837. Mrs. Foot died a few days before the certificate of pension was issued to her, leaving a will by which she bequeathed the pension, and appointed her son, James Foot, executor. The inquiry is, 1st. Does the pension go to her legatee, and is her executor entitled to receive it as her legal representative, for distribution according to the will? If not, 2d. Are the children of Knowles entitled to receive it in exclusion of those of her second husband, or is it legally payable to the children of both marriages, as the personal representatives of their mother? I am of opinion that it does not belong to the executor, as the legal representative of Mrs. F. Pensions are donations, made in consideration of meritorious services, and as such may be accompanied by such limitations as it is the pleasure of the donor to impose. The whole system shows that the object of Congress was to provide the means of subsistence and comfort to the individual who rendered the service, or to those who are near to him; and hence they provided that it should not be assigned, pledged, or made subject to debts. The second section of the act of 2d March, 1829, expressly provides for the payment of any arrears which may be due to a revolutionary pensioner, at his death, to his widow, or, if she be dead, to his children; and the same provision, in substance, is made by the fourth section of the act of 7th June, 1832. So, in the first and second sections of the APPENDIX II. 495 law of 4th July, 1836, (under the third of which the pension in question was granted,) by which pensions may be granted to the widows and children of officers and soldiers, the same principle is incorporated. The ordinary line of distribution of' decedents' personal estates is broken, and such direction given to the avails of the gift as would be most likely to benefit those who were'dependant on the pensioner, or were of his blood. This is a lead. ing feature in the system, and, taken in connexion with the absolute freedom of the pension from all power of transfer or liability for debt, seems to show conclusively that the executor can have no right to receive payment of the fund; for, to give it that direction, would be a virtual transfer of the pension, and appropriate it to Mrs. Foot's debts; or, if not necessary for that purpose, give the whole of it, by her will, to a person alien from Knowles, "the husband for whose services" (in the words of the law of 1837) she obtained the pension. In direct support of this view is the opinion of Mr. Attorney General Butler, of 24th October, 1836. The second question is more difficult. The provisions of the several acts of Congress in relation to pensions, regarded as a whole, indicate very plainly the intention of Congress that the children of the pensioner should enjoy, after his widow, whatever money was due and undrawn at his death, or at the death of the widow, when he left one. It is true, the first section of the act of 4th July, 1836, contains the only provision, in verbis, for payment of fractional sums due at the death of the widow to the children of the pensioner; but the fourth section of the act of 7th June, 1832, directs payment of fractional sums due at his death to his widow; or, if there be none, to his children; and a similar provision will be found in the act of 2d March, 1829, and the second section of the act of 4th July, 1836. These provisions have always been construed liberally. For instance, by the law of July, 1836, (section 1,) a pension for five years is given to the widows of officers and soldiers; or, if there be no widow, to his child or children under sixteen years of age; and, if the widow die or marry during the five years, over to the child, &c. The Attorney General, on 3d August, 1836, decided that if the widow married before the passage of the law, the child or children might come in and receive the pension, the case being within the equity of the statute. The particular case in hand is under the third section of the law of 1836, which grants pensions to widows of revolutionary officers and soldiers, whose marriage took place during the last period of his service, during the time she may remain unmarried; that is, during her life, if she so long continues single. There is no provision for any arrears due at her death. In accordance with what I believe to have been the intention, I would, if I could, say that I thought the money due on the pension certificate should go to Knowles's children, in exclusion of those of Foot. Knowles was the meritorious cause of the bounty to his widow, who claims, as the law of 1837 expresses it, for his ser 496 ~APPENDIX It. vices. But it is a gift to her. If there was no widow, under this particular section of the law, differing from other provisions, there could be no grant to the children of Knowles. It is to her alone the pension is given. It must be vested in her; otherwise, the money being undrawn, and the certificate even not issued while she lived, it would have lapsed into the treasury of the United. States. To this point the opinion of the Attorney General of 13th April, 1887, is, express, that it vested in her on the passage of the law, and was not, for that reason, defeated by her omission to apply for it, and "goes, on her death, to her personal representatives." Those personal representatives are her children by IKnowles and by Foot. The executor is not entitled to receive the pension as the legal representative of the widow, for distribution, according to the will; nor does it belong to him in any manner. It m ust go to her children by Knowles and by Foot, as her personal representatives, J. R. POINSETT. L38.] The failure to return to duty after captivity viewed as desertion. PENSION OFFICE, August 31, 1840. SIR: I have the honor to ask your opinion upon the following case: In April, 1776, Michael MaJahoney, a native of Ireland, then residing in Frederick county, Maryland, enlisted into the 7th regiment of the Mar'land line, and was taken prisoner on 22d August, 1776, in the battle on Staten Island. After a detention of several months (he estimates it at nine months) in the " sugar house" and "6 prison ship," he left the depot of prisoners, " by choice, to go to Cape Breton to work the coal mines there, with fburteen others. After reaching Cape Breton they were not permitted to leave the island till the close of the war. There was no military stationed there. I-He received no pay or wages for getting coal, &c. Provisions were regularly served out to the prisoners," &c. After the war, he continued to reside in Nova Scotia to the present time. As he voluntarily exchanged the situation of a prisoner of war for that of an employee in the civil service of the enemy, he cannot claim for captivity during such employment. But the question which I have the honor to submit is, whether it be not such an abandonment of his enlistment as to draw after it, like desertion, the forfeiture of all claims founded upon the merits of a previous service. The claimant is awaiting your decision upon this point, and it would confer a great favor upon him to have the earliest attention of the department. Hon. JOEL R. POINSETT. J. L. EDWARDS. The claimant having abandoned the service of the United States during the war, and not having fulfilled his engagement, is not entitled to a pension. J. R. POINSETT. APPENDIX II. 497 [ 39.] Pensions unclaimed for fourteen months payable at the Treasury Department. PENSION OFFICE, August 30, 1842. The act of the 6th April, 1838, which required that all pensions remaining unclaimed for eight months should be paid at the Treasury Department, has-been repealed by the 3d section of the act of the 23d August, 1842, which is in the following words: "SEC. 3. And be it further enacted, That so much of an act entitled'An act directing the transfer of money remaining unclaimed by certain pensioners, and authorizing the payment of the same at the Treasury of the United States,' approved April sixth, eighteen hundred and thirty-eight, as requires pensions that may have remained unclaimed in the hands of pension agents for eight months to be returned to the treasury, be, and the same is hereby, repealed, and that the time within which such pensions shall be returned to the treasury, be, and the same is hereby, extended to fourteen months; subject to all the other restrictions and provisions contained in the said act." For carrying into effect the provisions of the law above quoted, no new forms have been prescribed. The agents have been directed to pay all pensions except those unclaimed for fourteen months after they become due and payable. Pensions unclaimed for that length of time are payable at the treasury; and vouchers drawn up according to the usual forms, and sent to the Third Auditor,. will be attended to. If the pension be paid to an attorney, it is necessary that such attorney make oath as required by law, and in the form prescribed by the. circular fromr the Second Comptroller's office of June 30, 1833, that the power to receive the pension was not given him by reason of any sale, transfer, or mortgage. As no pension can be paid at the treasury under the act of August 23, 1842, unless the money has remained in the hands of a pension agent unclaimed for fourteen months after it became due and payable, whenever application shall be made to the accounting officers of the treasury for the payment of a pension, a part only of which has been due and payable for that term of time will be admitted and paid at the treasury, and the balance will be payable by the pension agent until that shall have remained unclaimed from such agent for the term of fourteen months after it became payable. J. L. EDWARDS. [ 40.] Second marriage no bar to a claim under the act of July 7, 1838, if the claimant be a widow at the time of her application. PENSION OFFICE, November 14, 1842. SiR: I have the honor to enclose herewith the declaration of Mary Button, who claims a pension under the act of 7th July, 39 498 APPENDIX II. 1838, and the act supplementary thereto of 23d August last, for the services of her first husband, Jonathan Hale, with a letter from Jesse Charlton, Esq., appealing from the decision of this office. Her claim was rejected on the ground that she was not a widow at the date of the passage of the act of 7th July, 1838. The act of 7th July, 1838, it is admitted, required that a claimant should be, at the date of its passage, the widow of the officer or soldier who rendered the service. The act of 23d August last, as originally reported, consisted of two sections, viz: 1. Declaring that the marriage of the widow after the death of her husband, for whose services she claims, shall be no bar to the claim of such widow, "she being a widow at the tinmge she makes application for a pension." 2d. Declaring that the widows of such officers and soldiers as have died since the passage of the acts of 4th July, 1836, and 7th July, 1838, and the widows of such as shall hereafter die, shall be entitled to pensions under those acts, respectively, they being otherwise entitled thereto, and widows at the time application for a pension is made. Itis apparent from the first section, which constitutes the new law, that its object was to place those widows of revolutionary men who had married a second time upon the same and no better footing, under the act of 7th July, 1838, than those who were originally embraced by its provisions, viz: widows of the soldiers who rendered the service. If the construction contended for be given to the clause, the benefit of the act of 7th July, 1838, would be e - tended to those who, claiming for the services of their first husbands, became the widows of the second subsequently to the passage of the act, and withheld from those who, having married revolutionary soldiers, became the widows of such soldiers subsequently to the passage of the act. If the words "6 she being a widow at the time she makes application for a pension" had not been introduced, the section would have accorded the pension which the military merit ot -the first husband might claim under the act of the 7th June, 1832, to the feme covert of a second marriage: and if this pension were allowed as claimed, it would be computed for five years from 4th March, 1836, to 4th March, J1841, during four years and six months of which she was not a widow. This construction of the act of 23d August last is not only borne out by its phraseology, and the provisions of the original act, but the second section, which provided, in totidm verbis, for such cases as the present, and was stricken out by the Senate. Hon. JOHN C. SPENCER. J. L. EDWARDS. NOVEMBER 17, 1842. I must differ from the Commissioner of Pensions in his construction of the act of August 23, 1842. - The act of 1838 provided for those who were widows at the time of its passage; that is, it excluded those who were married at that time. Now, the act of 1842 declares that the marriage of a widow (at any time) APPENDIX II. 499 after the death of the soldier, shall not be a bar to her claim for a pension. It, therefore, in terms, repeals the provision of the act of 1838, referred to. I do not perceive how this construction will "withhold from those who, having married revolutionary soldiers, became the widows of such soldiers subsequently to the passage of the act;" on the contrary, the construction I give embraces them, and it is the only one that will include them. I cannot doubt the meaning of the sections. The second clause, as reported, embraced a particular class, who were already provided for by the first section, and it was needless. I think the claimant is entitled to her pension. J. C. SPENCER. [41.1 Benefits of the joint resolution of August 16, 1842, extended to those widows only who were then living. PENSION OFFICE, February 4,1843. SIR: In1 obedience to your orders, I have to submit the following report upon the appeal of Mr. Colton, in the cases of Elizabeth Wilcox, Betty Lacy, and Susannah Osborne. The above widows were allowed pensions under the act of 7th July, 1838, and as their husbands bad drawn pensions to a date subsequently to the 4th of March, 1836, their pensions commenced the day the pensions of their respective husbands terminated. By the joint resolution of the 16th of August, a full five years' pension is accorded, under the act of 7th July, 1838, to all widows of revolutionary soldiers whose marriage took place before 1794, without regard to the pensions which their husbands may have received. The above widows died before the extension of the act by that resolution, and the claims of their children to the arrears due under that extension have been rejected, upon the ground that the claims were fully adjusted under existing laws in their lifetime; and that, having died before the extension of the act, no right was vested, by that resolution, in deceased widows, which the children may assert and enjoy. From that decision Mr. Colton makes his appeal. Mr. Colton is mistalken in supposing that the widows of revolutionary men, who died subsequently to the passage of the act of the 7th July, 1838, have been allowed pensions before the passage of the joint resolution of the 16th of August last. In the case of Abigail Tracy, deceased, the amount was allowed by the mistake of the clerk who examined the claim. In his anxiety to despatch a great deal of business, he overlooked the date of the widow's death. Hon. JOHN C. SPENCER. J. L. EDWARDS. I concur in the construction given by the Commissioner of Pensions to the joint resolution of 16th August, 1842. That re 500 APPENDIX II. solution, although negative in its terms, is affirmative in its oped ration, and removed an impediment which prevented widows, then living, from receiving pensions in cases where their husbands had died after 1832, and it could apply only to those then living: the pensions to widows being always intended for their own personal benefit. FEBRUARY 6, 1843. J. C. SPENCER. [42?] Surgeons, under act of 7th June, 1832, entitled to the highest rate of pension, according to length of service. PENSION OFFICE, March 15, 1843o SiR: The application of Mercy Richardson, to be allowed a pension of six hundred dollars per annum, under the act of 4th July, 1836, for the service of her late husband, as surgeon, has been examined and disallowed. The rate of pension to which surgeons are entitled under the act of 7th June, 1832, presented a question of some difficulty, and was at one time established at six hundred dollars per annum; but at a subsequent time it )w-as decided by the Attorney General that the proper allowance was four hundred and eighty dollars per annum. To that decision the practice of this office has uniformly adhered; and, upon a late appeal, it has again received the sanction of the Secretary of this department. ALEXANDER RAY, Esq. J. L. EDWARDS. WAR DEPARTMENT, November 14, 1843. Although the opinion of the Attorney General, referred to by the Commissioner of Pensions, had reference only to the cases of surgeons, it applied as well to others involving the same principles, such as those of Major Popham, Mr. Duponceau, and others, both of the staff and line, and of the staff only; and as in those cases the principle of that opinion has been departed from, and pensions have been granted according to the pay in the staff, those of surgeons should be placed upon the same footing. The increase of pension asked for in this case is therefore granted. J. M. PORTER. L 43.] Desertion forfeits all right to a pension. PENSION OFFICE, June 27, 1843. SIR: On the 1st of March last an act was passed granting to Mary Williams a pension equal to what her husband, Jacob Williams, would have been entitled for his revolutionary services, had he been living on the 7th June, 1832. It appears, from an examination of the muster rolls, that her husband deserted the APPENDIX II. 501 service in 1782, and never returned to the army. By that act he forfeited all claim to bounty land, pay, pension, and every gratui:y whatever. If, therefore, he had been living on the 7th June, 18329 he would not have received any pension. The question is respectfully submitted, whether I shall issue a; certificate of pension for your signature or not. It appears to me that the law cannot be executed, consistently with the uniform practice, under the revolutionary pension laws. Hon. JAMES M. PORTER. J. L. EDWARDS. WAR DEPARTMENT, June 27, 1843. Concurring in the views taken by the Commissioner of Pensions:, I do not think she can be placed on the pension roll. J. M. M. PORTER. 1 44.] A widow may receive a pension for the service of two husbands, but is not entitled to two pensions for the same time. PENSION OFFICE, November 25, 1843. Six: In the case of Catharine Hartshorn, deceased, referred to in the enclosed letter, I have the honor to inform you that she was pensioned under the act of July 7, 1838, and was not, therefore, entitled to a Pension under the act of July 4, 1836. The Attorney General's opinion is, that no one can receive the benefit of both those laws. I would respectfully refer you to his opinion, which will be foUnd on pages 1206 and 1207, published in excutive document No. 123, House of Representatives, 26th Congress, 2d session. lion. JAMES M. PORTER. J. L. EDWARDS. WAR DEPARTMENT, December 13, 1843. As determined by the Attorney General, two pensions at the same time cannot be allowed to the same individual; but if the services of Mrs. Hartshorn's first husband (Norris) are such as entitled her to a pension under the act of 1836, had she first applied under that act, it should be allowed-the amount she has received under the act of 1838, being considered as so much on account of the pension under the act of1836, and to be deducted in paying that pension. J. M. PORTER. [45.] Surgeons entitled to only infantry captain's pay, under act of 15th May, 1828. PENSION OFFICE, February 13, 1844. SIR: I herewith return the paper from Mr. Green, which was referred to this office. The letter from the Secretary of the Treasury to the War De-, 502 APPENDIX IT. partment, in relation to the pensions of surgeons under the act of 1828, (a copy of which is enclosed,) will show why they were paid at no higher rate than four hundred and eighty dollars per annum by the Treasury Department. The act of 1828 embraces the cases of those officers only who were promised half pay under the resolution of Congress of the 21st of October, 1780; and it furthermore declares that no officer shall b;e entitled to receive a larger sum than the full pay of a captain in the line. No staff officer, except a surgeon, for staff service merely, was ever entitled to half pay or commutation, and no officer but a surgeon, for staff service, was ever entitled tI pension under the law of 1828. The army commissioner, at the close of the war, adjusted the claims of the officers of the medical staff; and allowed them the same amount of' commutation that was allowed to captainslof infantry. The act of 1828 gave to each surviving officer who had received commutation the same rate per month at which he was paid his commutation. If some officers are allowed a higher pension, under the act of 1832, than they are entitled to under the law of 1828, it does not follow that surgeons can draw as much nnder one law as under the other. Under the law of 1828, a lieutenant, for his services as adjutant and lieutenant, receives only lieutenant's pay-three hundred and twenty dollars per annum; but under the law of 1832, if he served two years as adjutant, he receives four hundred and eighty dollars per annum. The difference between the two acts is, that the act of 1828 allows for services in the line only, whereas the act of 1832 allows for staff service where the claimant performs such service. The War Department, in fixing upon some rate of compensation, in settling the commutation claims of surgeons, rated them as captains of infantry. As such they were paid; and if the acts of the old Congress, which are referred to in the act of 1828, are to be considered any guide in settling claims under the law of 1828, then they cannot be paid more than what an infantry captain receives. Hon. JAMES M. PORTER. J. L. EDWARDS. WAR DEPARTMENT, February 17, 1844. The decision of the claims of the act of 1828 having been made long since, it will not be right to disturb them. The decision of the Commissioner of Pensions in Dr. Watrous's case is confirmed, and will govern analogous cases. J. M. PORTER. TREASURY DEPARTMENT, October 22, 1834.* SIR: In answer to the inquiry contained in Mr. Edwards's letter of the 17th instant, I have the honor to inform you that, by the X This letter, so far, shows the rule of action when the act of the 15th May, 1826, was executed at the Treasury Department. APPENDIX II. 503 resolves of the old Congress, surgeons were promised "the half pay of a captain," and that in the settlement made with them under those resolves, at the close of the war, their half pay was reckoned at the half pay of a captain of infantry, and the certificates which were issued to them, under the resolves granting commutation in lieu of half pay, were for five years' full pay as captains of infantry. In determining the amount to be allowed to surgeons claiming the benefits of the act of the 15th of May, 1828, the Department was guided by the construction which was found to have been practically given, and they were accordingly allowed the full pay of captains of infantry. Hon. LEwis CAss. LEVI WOODBURY. L46.] Rules relative to the act of 30th April, 1844. PENSION OFFICE, May 1, 1844. SIR: I have the honor to enclose herewith a copy of the act of April 30th, 1844, making appropriations for the payment of pensiolls, &c., and respectfully ask your opinion and direction on the following points: The law of July the 7th, 1838, and the amendatory act of August 23d, 1842, gave the widow a pension from the 4th of March, 1836, to the 4th of March, 1841, notwithstanding the husband might, at the same period, have drawn a pension; but the act of April, 1844, prohibits the widow from drawing a pension for the same period during which her husband received his pension. The following questions arise: 1. If the husband was a pensioner, and died at any time between the 4th March, 1836, and the 4th March, 1841, is not the widow entitled to that portion of the five years' pension which accrued between the day of his death, when his pension ceased, and the 4th of March, 1841? 2. If the husband died at any time between the 4th of'March, 1841, and the 3d of March, 1843, is the widow entitled to the benefit of the law of March 3, 1843, which allows one year's pension to all those widows who were entitled to the benefits of the acts of July 7, 1838, and August 23, 1842? 3. Does not the act of April, 1844, operate on all claims filed in the office prior to the passage of the act, as well as to all subsequent cases? J. L. EDWARDS. Hon. WILLIAM WILKINS, Secretary of War. The three questions numbered 1, 2, and 3, within presented to me, I answer in the affirmative. WM. WILKINS. 5-04 APP:iNDIX II. [47.] Rank of an officer dependant on his commission, and half pay dependant on his rankL - WAR DEPARTMENT, JUe 159 15, 1844., The cases of Peter Moore and Samuel B. Green-appeals from the decisions of Col. Edwards, Commissioner of Pensions. The decisions of those two cases turn upon the same documents. Both officers belonged to Col. Crockett's Virginia regiment during the war of the Revolution. Peter Moore has been recognised as having been a lieutenant, but it is alleged he was a captain. Samuel B. Green is acknowledged to have been an ensign, but it is concluded he was a lieutenant. Against those claims there have been decisions made by my predecessors in office. By these decisions I am bound. I can discover no rew evidence to change, in any essential way, thecharacters of the two cases. I have no doubt, after an inspection of the two reports-the one by Col. Crockett, and the other by the "board of officers"-that Mr. Moore was entitled to be promoted to a captaincy, and Mr. Green to a lieutenancy, but they never were promoted. The amount of "half pay" depends on the rank of the officer, and that rank depends on the commission. I confess it would be otherwise, if the very ingenious argument of the Hon. Mr. Davis should prevail-that a military commission descends upon the next in rank, by operation of law, as land descends upon the heir on the death of the ancestor. In this way, the office r, instead of a commission, would have to carry about him the statute law of Virginia and the rules of descent of military commissions. The actual possession of the commission is the one essential thing; but the mere claim to it is a very different matter, and cannot be overlooked in the administration of our pension laws. The documentary paper, the report of "a board of officers," without date, and filed (without date, too,) by "Winm. H. Cabell, executor of Col. Read," I am willing to consider as au hentic. It is no evidence of the promotion having been made, or that commissions had issued, or that Moore and Green ever performed the duties belonging to the rank they now claim. It affords evidence to the contrary; because it expressly declares the object of the board to have been to " examine into the claims of the officers," &c. It recommends that " the regiment should be continued full to that number by promotion of the officers." It in fact recommends the promotion then to be made, which should have been made before. But there is no evidence that they were then made; for this report, so far from being considered as final, and as making the promotions, is marked or endorsed " In council, April 4th, 1782, referred to the commissioner of war." There this particular piece of documentary evidence ends, and the date of the reference, too, is after the disbanding of Crockett's regiment. There is no evidence that the recommendation of the board of officers APPENDIX II. 505 was ever carried out. The justice intended to be rendered to those officers they never obtained. Instead of a confirmation of the report, and' the issuing- of the commissions, the matter was "referred to the commissioner of war." Now, let us examine the other document, the "list of officers of the regiment, as they now (then) stand on 22d December, 1781." This list is arranged in columns, and carries out the promotions of the officers. Upon this paper Peter Moore is marked in'76, and commences as a private, and is carried out as supernumary ensign; and Samuel B. Green is also carried out in the last column as a supernumary ensign. It cannot be argued that this return of Colonel Crockett does not undertake to give promotions of the officers named upon it; for, in many cases, it gives the promotions regularly marked in the columns. For instance, Colonel Crockett himself is marked " a private" in 1774, and his regular promotions carried out, and in the proper column he is stated to be a " lieutenant colonel." So of George Walls, William Cherry, Benjamin Kenley, John Kerney, &c. This last person commences as a private, and his promotions are carried out to a captaincy. Now, had Moore and Green been actually promoted, their advancement in rank would, like the others, have been carried out in the columns of this list. Further. At the foot of this list there is a memorandum, dated on "June 17, 1782," signed by Colonel Crockett, which says "the above mentioned subaltern officers were all entitled to promotion, agreeably to an arrangement lodged in the war office at Richmond." This " arrangement" must be the report of the " board of officers," to which I have alluded, which did not make the promotions, but merely stated "the claims to promotions,' which were referred to the war office. This "arrangement," or report of the board of officers, is without date; but I presume it must have been made at some time between the "2d September, 1781," the last date mentioned on it, and the 17th of June, 1782, the date of Colonel Crockett's memorandum at the- foot of his return. It appears upon the face of Colonel Crockett's list of officers of his regiment, that the State of Virginia, like all other States, pursued the uniform practice of issuing commissions to her officers; and, of course, whatever may have been the?right or admitted claim of the officer to higher promotion, in the absence of the commission, we are to presume that the admitted claim was never satisfied, and the rank never bestowed. The early laws of Virginia, referred to by the friends of the claimants, do not dispense with the commission. They merely declare who shall be entitled to promotion-how vacancies shall be filled; that there shall be regular advancement, &c., &c. The rule of promotion cannot stand in the place of the actual promotions, &c. There might be very many reasons and obstacles in the way of carrying 506 APPENDIX II. out and executing the rule, and granting the commission and increased rank. The State of Virginia appears to have taken the claims of her two citizens to promotion as the actual promotion itself, and adjusted the half pay upon equitable and liberal considerations. By such considerations, I regret to be obliged to say, we cannot be governed. In the adjustment of the claim, we are compelled to be guided by the actual commissioned rank of the officer, and not by the consideration that he was "entitled" to a rank which his State never bestowed upon him. I am bound by the previous decisions of the department, which must stand in affirmance of the judgment of the Pension bureau. WM. WILKINS. [48.] Act of June 17, 1844, a continuation of act of 3d March, 1843. WAR OFFICE, June 20, 1844. AMy construction of the act of Congress of June 17, 1844, entitled "An act to continue the pensions of certain widows," is such, that, in , above named, depose and say, that I hold the office of in the county, town, and State aforesaid, and that the above is a true extract from the records of said,with the exception above named, as certified by me. C'* C'#, Clerk of the Sworn before me, C*I D**, J. P." And then will follow the certificate of the proper officer, under his seal of office, as to the official character and signature of the magistrate who may administer the oath. Where no record proof exists, other than the family record, the original record must be produced and sworn to by the person in whose possession it has been kept. (c) 3. In a case where the service of the deceased officer or soldier is clearly proved by record or documentary evidence, or the affidavit of a commissioned officer, showing the grade and length of service of the deceased, the particulars in relation to the service are not required to be set forth in the claimant's declaration; but she must swear, in positive terms, that she is the widow of the person whose service is thus proved. And no claim whatever can be sustained without positive proof of service. 4. In every case in which the deceased officer or soldier was a pensioner, the fact should be so stated, and the deceased pensioner so described as to enable the Department to refer imm-nediately to the evidence upon which he was pensioned, and thus facilitate the investigation of the claim of the widow. 5. Applicants unable to appear in court, by reason of bodily infirmity, may make the declaration before required before a judge (c) The family record must be sent to the Pension Office, if there be no other record, accompanied by the oath of the person in whose possession it has been kept. The person who may swear to the genuineness of the record should give the name of the person in whose handwriting the record was made. APPENDIX III. 56 or justice (d) of a court of record in the county in which the applicant cannot, from bodily infirmity, attend the court. 6. Whenever any official act is required to be done by a judge or justice of a court of record, or by a justice of the peace, the certificate of the Secretary of the State or Territory, or of the proper officer or clerk of the court or county, under his seal of office, will he annexed, stating that such a person is a judge, or a justice of the peace, and that the signature annexed is his genuine signature. 7. The widows of those who served in the navy, or as Indian spies, will produce proof, as nearly as may be, conformably to the preceding regulations, and authenticated in a similar manner, with such variations as the different nature of the service may require. J. L. EDWARDS. DECLARATION.-In order to obtain the benefit of the act of Congress of 7th July, 1838, entitled "An act granting half pay and pensions to certain widows."* STATE, [TERRITORY, OR DISTRICT] OF County of' ss. On this day of personally appeared before the of the A** B**, a resident of in the county of, aged years, who, being first duly sworn according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 7, 1838, entitled "An act granting half pay and pensions to certain widows:" That she is the widow of,who was a [Here mark the rank the husband held in the army, navy, or militia, as the case' may be, and specify the service performed, as directed in rule numbered 1 of these regulations.] She further declares that she was married to the said on the day of,in the year seventeen hundred and; that her husband, the aforesaid, died on the day of; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety-four, viz., at the time above stated. [Signed.] A** B***. Sworn to and subscribed on the day and year above written, before me, CG" D***, J. P. [14.1 Regulations and forms to continue the pensions of certain widows of revolutionary soldiers under the act of 17th June, 1844. PENSION OFFTICE, June 25, 1844. In order to carry into effect the act of June 27, 1844, (p. 207, ante,) those persons who have been pensioned under the law of March 3, 1843, (p. 204, ante,) will not be required to send a new declaration to this office. They will merely apply to the agent (d) A declaration before a justice of the peace cannot be admitted as evidence. * [It will be perceived that the corroborating evidence usually annexed to the declara,. tions and other forms, heretofore, together with the instructions on the " mode of authenticating papers," were not annexed to the above declaration by the late Commissioner of Pensions; but they are sufficiently described and enumerated in the instructions and regulations prefixed to it, from 1 to 7, and in like forms preceding it, to be easily supplied and annexed to the declarations that may be presented by applicants under the act of July 7, 1838. The same remarks will apply to other forms of widows' declarations in the sequel.-Editors.] 570 APPENDIX III. for paying pensions at the place where they have heretofore been paid, and comply with the instructions from the office of the Second Comptroller, a copy of which is subjoined.* Many persons, however, will be entitled to pensions under the act of June 17, 1844, who have not been, or cannot be, pensioned under the acts of July 7, 1838, and March 3, 1843, by reason of the proviso in the act of April 30, 1844, entitled "e An act making appropriations for the payment of revolutionary and other pensioners of the United States, for the fiscal year ending on the 30th June, one thousand eight hundred and forty-five," which declares "that no pension shall hereafter be granted to a widow for the same time that her husband received one." In all cases in which the husband was a pensioner, the widdw's pension will commence on the day of his death, unless he died before the 4th of March, 1836, or between the 4th of March, 1841, and 4th of March, 1843. If he died between the two last dates, the widow's pension will begin on the 4th of March, 1843; and if he died previous to March 4, 1836, the widow will be entitled to the whole of the pension allowed, under the acts of 1838, 1843, and 1844, as if the act of April, 1844, had not passed. No person can be pensioned under either of the aforementioned acts, who has not produced such proof as the regulations point out for claimants under the law of July 7, 1838; and every applicant will be careful in her declaration to set forth the particular law under which she claims. J. L. EDWARDS. SECOND COMPTROLLER'S OFFICE, June 25, 1844. SIR: As the "Act to continue the pensions of certain widows," passed the 17th June instant, revives and extends the act granting pensions to the widows of certain revolutionary soldiers, approved the 3d day of March, 1843, it does not appear to me that any thing further is necessary to entitle a widow who was inscribed on the pension list under the act of 1843, to a continu* [The instructions and forms above, appended by Commissioner Edwards, as prescribed by the Second Comptroller, were ex-official, or beyond the authority of the Comptroller, and derived their authority and force solely from their adoption by the Commissioner, and the tacit acquiescence of the Secretary of War; inasmuch as the legal authority of the Comptroller only applies to instructions and forms of disbursing officers in keeping and stating their accounts for settlement at the Treasury, which include pension agents' accounts, but not their initiatives, in the form of applications for pensions, or the continuance of pensions. This is the first, and a solitary instance of the kind. Those instructions and forms prescribed by the Comptroller, which will be found in the sequel, relate exclusively to his legitimate sphere of accounting, and prescribing the regulations and forms thereof, with the approbation of the Secretary of the the Treasury. And even, beyond this, it may be well questioned whether the Commissioner did not, or would not, go too far in delegating the power to the pension agents to continue persons on the pension rolls under new or subsequent laws, in lieu of requiring a presentation of their memorial to the Pension Office, praying the continuation of their pension under the authority of the act specified, and, upon granting a new certificate of such continuance, notifying the pension agent of the same, as is practised in the APPEMDIX m. 5M1 ance of pension by virtue of the act of June 17, 1844, except to produce proof of identity. Under former laws, the proof has consisted of the oath of the pensioner, that she is the identical person named in the original certificate in her possession, a copy of which certificate was required to be set out in the oath. Under the law of June, 1844, the pensioner should be required to make oath that she is the identical person who drew a pension under the act of March, 1843, but she cannot set out a copy of the certificate granted under the latter act, as the certificates were required to be surrendered upon the last payment of the pension which became due under that act. I have prepared a form, a copy of which is herewith transmitted, which, when filled up and properly executed, will, in my judgment, be a sufficient voucher on which the- pension agent may pay such pensioners as are on the rolls of their respective agencies, under the act of March 3, 1843. As widows, who were never placed on the pension list prior to the act of June, 1844, whose claims have subsequently been admitted, will be furnished with pension certificates from the War Department, they will be required to set out a copy of their certificates, in the oath of identity, agreeably to the old forms. ALBION K. PARRIS, J. L. EDWARDS, Esq. Comptroller. [Widow's application and oath of identity to continue her pension under the act of 17th June, 1844.] STATE OF, COUNTY-SS. Be it known, That before me,, in and for the county aforesaid, personally appeared and made oath in due form of law, that she is the identical person who drew a pension under the act of the 3d of March, 1843, on account of the revolutionary service of her husband, the late [here give the name of the husband] at the rate of $ per annum; that she now makes this affidavit for the purpose of drawing a pension under the act of Congress passed on the 17th of June, 1844, entitled " An act to continue the pensions of certain widows;" that she has not intermarried, but continues to be a widow; that she now resides in, in the county of, and State of, and has resided there for the space of years past; and that previous thereto she resided in [Signed.] A** B***. Sworn and subscribed this day of,184 In presence of. C* D**, J. P. I certify that the above-named affiant is personally known to me, and that she is the same individual who drew a pension as stated by her in the foregoing affidavit. C*o De*e, J. P. office, on the like subject of the continuance of pensions to widows, (sequel,) which seems sufficiently decisive of the question. This authority, however, delegated to the pension agents, seems to have superceded the like forms of proceeding at the Pension Office in relation to the continuance of the pensions of the widows of soldiers and military officers, the absence of which gave as much vain effort in quest of them, until, by casualty, we fell in with this loose sheet, from which the above are copied, which explained and supplied the chasm, as well as it might, though the whole subject was entirely overlooked in the late Commissioner's very defective edition of the instructions and forms of the office in relation to this subject. —Editors.[ 572 APPENDIX III. [Power of attorney to receive her pension.] Know all men by these presents, That I,, of, in the county of and State of, a revolutionary pensioner of the United States, do hereby constitute and appoint, of, in the county of and State of, my true and lawful attorney, for me, in my name, to receive from the agent of the United States for paying pensions in, my pension from the day of,18, to the day of, 18 Witness my hand and seal, this day of, 18 [Signed.] A** B**. Sealed and delivered in presence of CG D*", J. P. [Acknowledgment of the power of attorney.] STATE OF, COUNTY —S. Be ft known, That on the day of,18, before the subscriber, a in and for said county, personally appeared, above named, and acknowledged the foregoing power of attorney to be her act and deed. In testimony whereof I have hereunto set my hand, the day and year last above mentioned. C*-* D"**, J. P. [Oath of disinterestedness of attorney.] STATE OF, COUNTY —8. Be it known, That on the day of,18, before me, a, in and for said county, duly authorized by the laws of said State to administer oaths, personally appeared, the attorney named in the foregoing power of attorney, and made oath that he had no interest whatever in the money he is authorized to receive, by virtue of the foregoing power of attorney, either by any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever. [Signed.], Attorney. Sworn and subscribed the day and year last above mentioned. C** D13%, J. P. [15.] Instructions and form of declaration to obtain the benefit of the act of Congress of 2d February, 1848, entitled " An act making further provision for surviving widows of soldiers of the revolution." PENSION OFFICE, lMarch 9, 1848. In order to carry into effect the act of Congress renewing the pensions of widows under the act of February 2, 1848, the applicant who may claim a pension must make a declaration, under oath, before some magistrate in the county where she resides, which declaration must be duly authenticated. The official character and signature of the magistrate must be certified by the proper officer under his seal of office, and the magistrate must certify that the declarant is personally known to him. It will be perceived that the act of the 2d February, 1848, provides as well for widows of officers and soldiers of the revolution who may hereafter die, as for those who have already died. Many widows, therefore, will be entitled to the provisions of the act of 1848, who have not drawn, or been entitled to, any pension under any former law. They will vary their declarations to con AtPPhN tIX In form to the cirsumstances of their cases. If their husbands have been pensioned, they will state the fact, with such particulars in relation to his residence, and anmount of pension, as the following form directs. If neither the applicant nor her husband has been pensioned, she will be required to make such proofs as the regulations require under the act of the 7th July, 1838. J. L. EDWARDS. Widows declaration under act of 2d February, 1848, STATE, TERRITORY, OR DISTRICT] OF County of, On this day of personally appeared before the of the At* B *s% a resident of, in the county of, aged years, who, being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 2d February, 1848, granting pensions to widows of persons who served during the revolutionary war. That she-is the widow of, who was a [Here insert the rank the husbantd held in the army, navy, or militia, as the case may be, and the regiment, corps, or vessel, in which he served, and the annual amount of the pension which she received under the act of 17th Jfzne, 1844.] She further declares that, she is still a widow. [Signed.] Are B3-** Sworn to and subscribed on the day and year above written, before me, Col. D**", J, P, [16.] Instruetions and form of declaration for the use of widows in order to obtain the benefits of the act of the 21st of July, 1848. PENSION OFFICE, August 21, 1848. The following regulations have been adopted by the Secretary of War, with the approbation of the President of the United States, for carrying into effect the provisions of the act of the 21st July1 1848, entitled "An act amending the act entitled'An act granting half pay to the widotws or orphans, where their husbands and fathers have died of wounds received in the military service of the United States,' in cases of deceased officers and soldiers of the militia and volunteers, passed July fourth, eighteen hundred and thirty-six." 1. All applicants are required to show, either by the official certificate or testimony of a commissioned officer, or the muster or pay rolls, or some record evidence from the Adjutant General's Office, that the deceased officer or soldier, on account of whose service the pension is claimed, died of wounds received, or from disease contracted while in the line of his duty, and that he served either in Mexico, or at some post or station on the borders of Mexico. If he did not die in the service, it must be shown that he died while on his return to his usual place of residence in the United States, after having received a discharge upon a surgeon's certificate of disability incurred from wounds received or disease contracted while in the line of duty, or while on his march to join 574 APPENDIX Mtb the army in Mexico, or at some post or station on the borders of Mexico. 2. The legality of the marriage, the name of the widow, with those of her children, who may have been under sixteen years of age at the time of the father's decease, with the State or Territory, and county in which she and they reside, should be established. The legality of the marriage may be ascertained by the certificate of the clergyman who joined them in wedlock, or the testimony of respectable persons having knowledge of the fact. The age and number of the children may be ascertained by the deposition of the mother, accompanied by the testimony of respectable persons having knowledge of them, or by transcripts from the parish register, duly authenticated. The widow, at the time of allowing the half pay, or placing her on the list for it, must show that she has not again married; and must, moreover, repeat this at the time of receiving each and every payment thereof; because, in case of her marrying again, the half pay to her ceases, and the half pay for the remainder of the time shall go to the child or children of the deceased widow. This may be done by the affidavits of respectable persons having knowledge of the case. 3. In cases where there are children, and no widow, their guardian will of course act for them, and establish their claims, as prescribed in the foregoing regulations, and receive their stipends for them. 4. The credibility of the witness must in every case be certified by the magistrate who may administer the oath; and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. 5. In every case the applicant, if a widow, must make a declaration according to the form annexed, If there be no widow, and the claim is made on behalf of' orphan children, there must be a guardian appointed to act for them, and he must make a declaration, varying the form to suit the case. J. L. EDWARDS. Widows' declaration under the act of the 21st of July, 1848. STATE [TERRtTORY, OR DISTRICT] OF County of On this day of, personally appeared before the of the A** B***, a resident of in the county, and State [Territory, or District] of aged years, who, being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by the law of the United States, passed on the 21st of July, 1848: That she is the widow of, who was a in the regiment of United States; that she was married to the said on the day of, in the year eighteen hundred and; that her husband, the aforesaid, died on the day of, at, in in consequence of, and that she has remained a widow ever since that period, as will more fully appear by reference to the proofs hereto annexed. [Signed.] A** B**56 Sworn to and subscribed on the day and year above written, before me,'CB X**, J. P. APPENDIX M. 575 [17.1 Instructions and form of declaration for the use of widows in order to obtain the benefit of the act of the 29th of July, 1848. PENSION OFFICE, August 31, 1'848. The following rules of evidence will be observed under the law of the United States of the 29th July, 1848, entitled "An act for the relief of certain surviving widows of officers and soldiers of the revolutionary army. 1. Applicants must produce the best proof the nature of the case will allow, as to the service of the deceased officer or soldier, And the time when he died. It must be clearly shown in what troop or company, and the regiment or corps, he served, and the grade he held. Proof as to service must be had, either from the records of the War Department, the muster rolls, the testimony of commissioned officers, or the affidavits of persons of known respectability. Every applicant will make a declaration according to the subjoined form, before a court (a) of record, setting forth, according to the best of her knowledge or belief, the name and rank of the person on account of whose service the claim is presented; the day, month, and year, (if possible,) when he entered the service, and the time when he left the same; and, if under more than one engagement, the claimant must specify the particular periods, and the rank and name of the officers under whom the service was performed; the town or company, and State, in which he resided when he entered the service; whether he was degraded, was a volunteer, or a substitute; the battles, if any, in which he was engaged; the country through which he marched, with such further particulars as may be useful in the investigation of the claim, and also, if the fact be so, that the claimant has documentary evidence in support of the claim. From the best sources information must be derived as to the period of the death (b) of the officer or soldier. 2. The legality of the marriage, and the time when it took place, must be clearly established; and must also be shown that the widow was never afterwards married. Record proof, as to the marriage, is always required whenever it can be obtained. In a case where the. town, county, parish, church, or family records afford no proof as to the period when the marriage took place, the fact must be established by the testimony of one or more respectable persons, whose credibility must be certified\ by the officer who may administer the oath. And, in order to prevent any mistake or improper use that may be made of the affidavit of an officer who may have the custody of records, from which he may make transcripts of the record in relation to a marriage, the officer who may give his affidavit will, instead of copying the (a) The declaration of the widow who claims, must be made, in all cases, in open court, unless she is prevented by bodily infirmity from appearing before the court. (b) It must, in all cases, be shown in what year the husband died. The testimony on this point must be positive, and the language be free from all ambiguity. 570 APPeNDIX It. figures contained in the record, certify "that it is a true copy of the record, with the exception of the date, which is expressed on the record in fair and legible figures, as follows:' (Here copy the day, month, and year, in letters and figures, in exact conformity with the original. Then let him add the following words:) "4 I, A*+ B~-**, above named, depose and say that I hold the of. flee of in the county, town, and State aforesaid, and that the above is a true extract- from the records of said with the exception above named, as certified by me. A** B*-*, Clerk of the Sworn before me, C+* Das, J. P." And then will follow the certificate of the proper officer, under his seal of office, as to the official character and signature of the magistrate who may administer the oath. Where no record proof exists other than the family record, the original record must be produced and sworn to by the person in whose possession it has been kept. (c) 3-. In a case where the service of the deceased officer or soldier is clearly proved by record, or documentary evidence, or the aflidavit of a commissioned officer, showing the grade and length of service of the deceased, the particulars in relation to the service are not required to be set forth in the claimant's declaration; but she must swear, in positive terms, that she is the widow of the person whose service is thus proved. And no claim whatever can be sustained without positive proof of service. 4. In every case in which the deceased officer or soldier was a pensioner, the fact should be so stated, and the deceased pensioner so described as to enable the Department to refer immediately to the evidence upon which he was pensioned, and thus facilitate the investigation of the claim of the widow. 5. Applicants unable to appear in court, by reason of bodily infirmity, may make the declaration before required, before a judge or justice (d) of a court of record of the county in which the applicant resides, and the judge or justice will certify that the applicant cannot, from bodily infirmity, attend the court. 6. Whenever any official act is required to be done by a judge or justice of a court -of record, or by a justice of the peace, the certificate of the Secretary of State or of the Territory, or of the proper officer or clerk of the court or county, under his seal of office, will be annexed, stating that such a person is a judge or a justice of a court of record, or a justice of the peace, and that the signature annexed is his genuine signature. 7. The widows of those who served in the navy, or as Indian spies, will produce proof, as nearly as may be, conformable to the (c) The family record must be sent to the Pension Officej if there be no other record, accompanied by the oath of the person in whose possession it has been kept. The person who may swear to the genuineness of the record should give the name of the person in whose handwriting it was made. (d) A declaration made before a justice of the peace cannot be admitted as evidence, APPENDI3X 1l..577 preceding regulations, and authenticated in a similar manner, with such variations as the different nature of the service may require. J. L. EDWARDS.* Widows'. declaration under-the - act of the' 29th July, 1848. STATE (TERTaTORY, OR DISTRICT] OF County'of, On this day of, personally appeared before the of the A B, a residentof, in; the county-of, aged years, who being duly sworn, according to law,, doth, on her oath, make the following declaration, in order to obtain the benefit of the provisions made by the act of Congress, passed 29th July, 1848: That she is the widow of, who was a [Here insert the rank'the iusbaed held in the army) navy, or militia, as the case may be, and specify the service performed, as directed in rule numbered 1 of these regulations.] She further declares that she was married to the said on the day of in the year seventeen hundred'and; that her husband, the aforesaid died on -the day of; that she was not married to him prior to his leaving the service; but'the marriage took place previous to the second of January, eighteen hundred, vizb at the time above stated. She further swears that she is now a widow, and that she.has never before made any application for a pension, [Signed.]: A** B**'. Sworn to and subscribed on the day and year above written, before me, C** D* * J. P. 1118.3; REGULATIONS RESPECTING-NAVY PENSIONS.'~he widow of a pensioner rated as a i' boy" may receive a pension in certain cases. NAVY DEPARTMENT, April 29, 1841.t SIR: It canl admit of no doubt that a pensioner. rated as a ~' boy" is entitled to a pension, if he be wounded or disabled during service in -the line-of- his duty. This seems: decisive- of the question submitted in your letter of the 19th instant; for if: he be neither " officer, seaman, nor ma-: aine," he cannot have a pension, himself; and: if, he be either, then, by the express declaration of the first section of the act of 1837, his widow, upon his death (in the service) becomes entitled: to a pension. No reason -can be conceived, no rule of interpre-. tation can be found, by which the; term officers, seaman, and marines, shall in the one case include a mariner rated as - a " boy," and-exclude him in the other. I have, therefore, no hesitation in: giving an affirmative answer to your inquiry. GEO. E. BADGER, J. L. EDWARDS, Esq. Secretary of the Navy. X [The late commissioner states in a note to the Appendix of his compilation of 1849, that' no new forms are necessary under the act of February 22, 1849."-Eds.] [t We have not been able to procure evidence of the existence of any regulations for the execution'of the navy pension laws by Secretaries of the Navy anterior to 1841. Those above given, from 1841 to 1844, inclusive, are derived from -former imperfect editions of the pension laws of 1849; as likewise- are most of the preceding decisions and regulations of Appendix II and Appendix III, with such elucidations of description.and arrangement as seemed to be called for at our hands. —Eds.) 44 578,APPENDIX III [19.1 Regulations under second section of the act of August 16, 1841. NAVY DEPARTMENT, August 20, 1841e SIR: Your letter of the 19th instant has been received. The second section of the act of Congress, to which you have called my attention, is very obscurely worded, and I am by no means sure that I have been able to collect its true meaning. The phrase "in service,"' seems to have been used instead of, and equivalent to, "' on duty," for, in any other sense, the whole section becomes unmeaning, as every officer, while he continues to belong to the navy, is in the service, though he may not be on duty. Giving this sense to the phrase, I am of opinionFirst. That no officer can receive at the same time pay as an officer on duty and as a pensioner; and, Secondly. That officers who may be "waiting orders," on 6 leave," or " furlough," can receive only so much on account of their pensions as, added to their pay when so "on leave," &c., will amount to the pay of their grade when " on duty." Where, by the act of Congress of 1835, regulating the pay of the navy, officers are entitled to a higher rate of compensation, when employed in a certain specified manner, than when engaged in other duty, the rate of compensation of the latter is that which is referred to in this act, and is not to be exceeded by the aggregate of the pension and the pay while "waiting orders," For instance, a commander is entitled, when attached to vessels for sea service, to $2,500 per annum, and on other duty to $2,100. 1 am of opinion that such commander, when off duty, cannot receive more, including the pension, than $2,100 per annum, and so of every other grade. The case of seamen and marines seem to present peculiar difficulties, and I regret the hard consequences to them of the decision I have been compelled to form. They cannot, when in service, receive more than their pay, because there is no discrimination by law between their compensation when on duty, and when unemployed. Hence it seems to follow that no seaman or marine, while in service and receiving pay, can receive any payment at all on account of a pension. I am of opinion that all pensioners are entitled to be paid up to the passage of the law; that is to say, up to the 16th instant, just as they would have been paid had the act never been passed. J. L. EDWARDS, Esq. GEO. E. BADGER. [20.] Respecting repeal of the act of March 3, 1837. NAVY DEPARTMENT, September 2, 1842. SIRa I respectfully submit the following as my views of the APPENDIX I. 579 laws referred to in your letter of the 29th August, and in answer to the questions therein propounded: 1. I am of opinion that " the widows who have been placed on the pension roll, under the act of March 3d, 1837," are to continue to the end of the late session of Congress. 2. I am of opinion that those widows who have applied for their pension under the act of 1837, and who are "entitled to receive or make proof" of the same, are entitled to receive them up to the end of the late session of Congress. 3. I am of opinion that widows who have not actually applied, but who are entitled to " receive and make proof" of their claims, under the act of 3d MIarch, 1837, are entitled to receive the same up to the end of the late session of Congress, notwithstanding the act of August 23, 1842. It is to be remarked that the act of August, 1841, applies only to those, who were then widows, and not to such as became widows between that time and the 23d August, 1842. A. P. UPSHUR. J.- L. EDWARDS, Esq. [21.] Forms adopted for invalid cases. NAVY DEIPARTMENT, November 24, 1842. SIR: I have received your letter of the 22d instant, submitting for approval two forms, to be hereafter used in applications for invalid pensions. The forms are approved, and will be adopted. J. L. EDWARDS, Esq. A. P. UPSHUR.. [Surgeon'scertificate in an invalid case.] (Date.)> It is hereby certified that in the United States ship of war, commanded by, is rendered incapable of performing the the duty of a, by reason of wounds or other injuries inflicted while he was actually in the service aforesaid, and in the line of his duty, viz: By satisfactory evidence, and accurate examination, it appears that on the day of, in the year, being engaged*,.and he is thereby not only incapacitated for duty aforesaid, but, in the opinion of the undersigned, ist disabled from obtaining his subsistence from manual: labor. -, Surgeon. -- -, Assistant Surgeon. X Here state, particularly, the duty in which the applicant for a pension was engaged;. the harbor, navy yard, river, bay, or ocean, where the ship was, and the time when the injury was received; and give a particular description of the wound,.injury, or disease,, and specify in what manner it has affected the applicant so as to produce disability in the degree stated. t The blank in the last line but one is to be filled up with the proportioned" degree" of disability; for example: " three-fourths," "one-half," "one-third," &c.,or "totally,"' as the case may be. 580 APPENDIX III. [Certificate of the commanding officer in an invalid case.] UNITED STATES SHIP, 184 I certify that, who was a on board of this ship, while under my command, and while engaged in his duty as a, was, in consequence of the following circumstances, so injured as to be prevented from any'further performance of his duty as a, and I therefore deem it proper that he should be discharged from the naval selvice of the United States. He was accordingly discharged on the day of, in the year 184 While he was * - — fi Commander U. St. [22.] A law repealed before a claim is perfected, abrogates the claim. NAVY DEPARTMENT, October 2, 1844. SIR: Your letter of the 5th June was duly received, but, from some cause, has been overlooked. The opinion of the Attorney General, of April 15, 1844, to which you allude, settles the question that the act of 1837 was repealed by the act of 1842. The claim of Price's children was presented, but not perfected, before the repeal took effect. This may strengthen the application to Congress, but the Commissioner of Pensions cannot act, because the law, under which these children would have been entitled to a pension, is repealed. J. L. EDWARDS, Esq. J. Y. MASON. [23.] Act of 2d March, 1799, not in force. PENSION OFFICE, October 31, 1844o. SIR: The Hon. F. O. J. Smith, of Maine, who is now in this city, has requested me to lay before you the case of Mrs. Clough, who claims a pension under the act of the 2d of March, 1799. That act was repealed on the 1st of June, 1800. No widow ap* Here state, particularly, all the facts as to the origin of the applicant's disability; the duty in which he was engaged; the particular. circumstances which led to the injury; the harbor, navy yard, river, bay, or ocean, where the ship was, and the time when the injury was received. t [It was entirely unnecessary to call upon the Secretary of the Navy to give his approval to these forms. They are but a partial repetition of forms of reports required, by naval regulations, and made, at stated times, from the earliest periods of the service; and which were, at length, for the convenience of conveying to the Pension Office, in a body, for its information on the matters of " death,' "ordinary disability," and "- disability for a.pensi!,n,, onwhich widows' pensions, or invalid pensions, might afterwards be based, that the Secretary of the Navy-has more.recently required these reports to be made. in a separate and distinct torm, as, may be. seen by his" ORDER " of the 13th of October, 1851, No. [26] p. 584, sequel. The thing that is most remarkable, however, in this connexion, is, that it did not at the same time occur to the late Commissioner of Pensions to propose a form of a " declaration for invalids," to aid and facilitate their applications for a pension. Such a form has never yet been adopted for the use of invalids in either branch of the service; in consequence of which omission they have to rely on the collateral evidence of their disability, as' afforded by those reports, and other testimony; and sometimes elaborate an unseemly form of "declaration" for themselves, in order to initiate and present their claims before the office as well as they can. —Editors.1 APPENDIIX III. 581 pears ever to have been pensioned under the act of 1799; and my opinion is that they are not provided for by the act. I inclose Mr. Smith's letter, and respectfully ask a return of it when you shall have decided on the case. Hon. J. Y. MASON. J. L. EDWARDS. Upon the facts stated, I cannot perceive that Mrs. Clough's claim is valid. The provision of a pension, in certain contingencies, constituted no contract with the seamen. It was gratuity, which Congress had the right to withdraw by repeal of the law granting it. Mr. Clough having received the injury after the repealing law went into effect, there is not legal authority to grant a pension under the act of 1799. J. Y. MASON. [24.] PENSION OFFICE, January 27, 1845. Claimants under the joint resolution of the 23d January, 1845, will make a declaration, setting forth the facts in their case, according to the subjoined form. The declaration may be made before any magistrate authorized to administer oaths. The official character and signature of the magistrate must be certified by the proper officer, under his seal of office. [J. L. E.] WVIDOWS' DECLARATION.-In order to obtain the benefits of the resolution of Congress of the 23d January, 1845, for revolutionary an'd other pensions. Whereas the act of the 30th of April, 1844, prohibited me from drawing a pension for the same period:during which my-husband was a pensioner, I now make the following statement under oath, to obtain the'benefits of the resolution above mentioned. I am the widow of, who was a in the war of the revolution;; -1 have drawn a pension at the rate of dollars per annum from the of 18, and'now ask for the amount -due me from the day of i8, to the day of when my former pension commenced. [Signed.] A** B***. Sworn to and subscribed before me, an this day of in the. year at C** D***, J. P. I certify, that the declarant is personally known to mne, and that she is the same indi. vidual she represents herself to be in the foregoing affidavit. oC** D**, J. P. I, clerk of the,do hereby certify that, who has signed the foregoing, is ajustice of the peace for the county of in the State:of; and that the above is his signature. In testimony whereof, I have hereunto subscribed by name and affixed my seal of office, this day of, at,in' the State of [ L. S.] C** C**' Clerk. 582 APPENDIX III. [25.] FORMS OF WIDOWS' APPLICATIONS FOR RENEWAL OF PENSIONS, UNDER VARIOUS LAws. Form of application of a widow in order to- RENEW her pension under the act of the 30th June, 1834. To THE COMMISSIONER OF PENSIONS: The memorial of the undersigned, the widow of the late, who was a in the navy of the United States, respectfully shows: That her husband, the aforesaid, entered the service of the United States in the year; that, while in the said service, and holding the rank above mentioned, he departed this life, at*, on the day of, in the year; that the undersigned was married to the said on the day of, in the year; and in proof thereof, she exhibits the following evidence: [Here describe' the proof, whether the clergyman's certificate, a family record, town or county clerk's certificate, or the affidavit of a respectable witness.She therefore claims the benefits of the act of Congress of the 30th June, 1844, granting pensions to the widows of officers, seamen, and marines, who have died in the service aforesaid; and she requests that her name may be inscribed on the roll of pensioners under that law, who are paid at, in the State of [Signed] A"* B**s. Sworn and subscribed to, before me,,on this day of in the year. Cw Da'", J. P. Form of application of a widow in order to RENEW her pension under the act of the 3d March, 1837. To THE COMMISSIONER OF PENSIONS: The memorial of the undersigned, the widow of the late, who was a in the navy of the United States, respectfully shows: That her husband, the aforesaid, entered the service of the United States in the year; that, while in the said service, and holding the rank above mentioned, he departed this life at*, on the day of, in the year; that the undersigned was married to the said on the day of, in the year; and in proof thereof, she refers to papers on file in the Pension Office upon which she obtained a pension for five years. She therefore claims the benefits of the second section of the act of Congress of the 3d of March, 1847, entitled "An act making appropriations for the payment of navy pensions for the year ending thirtieth June, eighteen hundred and forty-eight," granting pensions to the widows of officers, seamen, and marines, who have died in the service aforesaid; and she requests that her name may be inscribed on the roll of pensioners under that law, who are paid at, in the State of [Signed.] A** B***. Sworn and subscribed to, before me,, on this day of in the year. C** De, J. P. Application of a widow in order to RENEW her pension under act of March 3, 1845. To THE COMMISSIONER OF PENSIONS: The memorial of the undersigned, the widow of the late, who was a in the navy of the United States, respectfully shows: That her husband, the aforesaid, entered the service of the United States in the year, that, while in said service, and holding the rank above * If at a navy yard, the fact must stated, and the name of the navy yard; if on board of a vessel of war, the name of the vessel must be given. hID= The official character and signature of the magistrate who may administer the oath must be certified by the proper officer, under his seal of office. J'- In no case can the claim be allowed, unless it can be clearly shown by the certificate of a navy surgeon that the husband died of a disease contracted, or of some casualty, by drowning, or otherwise, or of an injury received, while he was in the line of his duty. The surgeon must make a particular statement of all the facts in the case, describe the disorder or injury, and state also upon what particular duty the husband was engaged when the disability arose which resulted in his death. APPENDIX III. 5 83 nmentioned, he departed this life, at*, on the day of in the year; that the undersigned was married to the said on the day of, in the year; and in proof thereof, she refers to papers on file in the Pension Office, upon which she obtained a pension for five years. She therefore claims the benefits of the act of Congress of the 3d of March, 1845, granting pensions to the widows of officers, seamen, and marines, who have died in the service aforesaid; and she requests that her name may be inscribed on the roil of pensioners under that law, who are paid at, in the State of [Signed] A** B'* Sworn and subscribed to, before me, on this day of, in the year C** D*, J. P. Application of a widow who, for the first time, claims a pension under the act of l11th August, 1848. TO THE COMMISSIONER OF PENSIONS: The memorial of the undersigned, the widow of the late, who was a in the navy of the United States, respectfully shows: That her husband, the aforesaid, entered the service of the United States in the year; that, while in the said service, and holding the rank above mentioned, he departed this life at * on the day of in the year; that the undersigned was married to the said on the day of, in the year; and in proof thereof she exhibits the following evidence: [Here describe the proof, whether the clergyman's certificate, a family record, town or county clerk's certificate, or the affidavit of a respectable witness.] She therefore claims the benefits of the act of Congress of the 11th of August, 1848, granting pensions to the widows of officers, seamen, and marines, who have died in the service aforesaid; and she requests that her name may be inscribed on the roll of pensioners under the law, who are paid at, in the State of [Signed.] A** B**"*. Sworn and subscribed to, before me,, on this day of, in the year C* * D**,J.P. Application of a widow in order to RENEW her pension under act of 11th August, 1848.'TO THE COMMISSIONER OF PENSIONS: The memorial of the undersigned, the widow of the late, who was a in the navy of the United States, respectfully shows: That her husband, the aforesaid, entered the service of the United States in the year; that, while iii the said service, and holding the rank above mentioned, he departed this life, at X, on the day of in the year; that the undersigned was married to the said on the day of, in the year, and in proof thereof, she refers to papers on file in the Pension office, upon which she obtained a pension for five years. She therefore claims the benefits of the act of Congress of the 11th August, 1848, granting pensions to the widows of officers, seamen, and marines, who have died in the service aforesaid; and she requests that her name may be inscribed on the roll of pensioners under that law, who are paid at, in the State of [Signed.] AZ' B'"'* Sworn to, and subscribed before me, on this day of in the year C** D''%5, J. P. ~ If at a navy yard, the fact must be stated, and the name of the navy yard; if on board of a vessel of war, the name of the vessel must be given. [v- The official character and signature of the magistrate who may administer the oath must be certified by the proper officer, under his seal of office. 11 In no case can the claim be allowed, unless it can be clearly shown by the certificate of a navy surgeon, that the husband died of a disease contracted, or of some casualty, by drowning or otherwise, or of an injury received, while he was in the line of his duty. The surgeon must make a particular statement of all the facts in the case, describe the disorder or injury, and state also upon what particular duty the husband was engaged when the disability arose which resulted in his death. 584 -APPENDIX III. L26.] PENSION'OFFCE, October 13, 185 1a The following order and forms, prescribed:by the honorable Secretary of the Navy, will serve as guides for this office in all applications for navy pensions to which they apply. J. E. HEATH, Commissioner of Pensions. General Order. NAVY DEPARTMENT, February -17, 1851. In all cases of death or disability in the naval service of the United States, whether from wounds, injuries, casualties or disease, it shall be the duty of the senior medical officer of the ship, station or hospital, to record such death or disability, the facts thereto relating, and whether or not it originated in the line of his duty. In all cases of death, a certificate shall issue, in which a copy of the surgeon's record and a statement of service shall be given. In all cases of disability of a permanent character, which shall have originated in the line of duty, a -certificate for pension shall issue in which, together with a copy of the surgeon's record and statement of service,:the degree of disability shall be set forth. In all cases of discharge from service by reason of unfitness forthe performance of duty from temporary disability, a certificate of ordinary disability shall issue, in which a copy of the surgeon's record and a statement of service shall appear. Such certificates are to be signed by the senior surgeon, countersigned by the purser, and approved by the commanding officer of the ship, station, or hospital where such death, disability or discharge may occurand must be forwarded in duplicate by the commanding officer to the Navy Department. WILLIAM A. GRAHAM, Secretary of:the lNavy. Certificate of-death. I hereby certify, that [name of the deceased,] who was a in the United States navy, while attached to (a.) and holding the rank above mentioned, departed this life at (b.) on the day of in the year and that he died of (c.), as set forth in the record of his case, of which the following is a copy, to wit: Ne* S**, Surgeon. The above named, deceased, was born at, in the State of; about years of age;.feet inches high complexion; eyes; hair; and entered the United States naval service, at, on:the day of, in the year N** P***, Purser. Approved., Commanding U. S; (a.) If at a navy yard, ship, or hospital, insert name and:place. (b.) The same. (c.) Wound, casualty, or disease,:as the case may -be APPENDIaX IIe. 585 Certificate of ordinary disability. I hereby certify, that [name of invalid,] a in the United States navy, attached to (d.) and holding the rank above mentioned rendered unfit for the performance of his duty by reason of (e.), as set forth in the record of his case, of which the following is a copy:; and therefore, in the opinion of the undersigned, the interests of the service require that he should be discharged. S** -:N**, Surgeon. The above named [name of invalid,], was born at in the State of, is years of age; feet inches high; complexion; eyes; hair. He entered the United States naval service at, on the day of, 18; and discharged (f.) P** Nu**, Purser. Approved:, Commanding U. S. Discharged fiom the United' States naval service, on the day of, 18 F** A***, 4th Auditor. Certificate for -pension. I hereby certify, that [name of invalid,] a in the United: States navy, while attached to (g.) and holding therank above mentioned, was disabled by (h.), in the United States naval service, and in the line of his duty, as set forth in the record of his case, of whichl the following is a copy, to wit:. He is thereby not only incapacitated for duty as aforesaid, but, in the opinion of the undersigned, is (i.) disabled from obtaining his subsistence by manual labor. S** N***, Surgeon. The above named [name of invalid,], was born at in the State of, is years of age; feet inches'high; complexion; eyes; hair. He entered the the United States naval service at on the day of, i8; and discharged'(j.) Pa* N *'-*, Purser. Approved:, Commanding U. S. Finally discharged from the United States naval service, on the day of 18. -F*5 A*'*, 4th Auditor..27.1 [Order made by request of the Pension Office for medical survey of disability where no report" For A TENSION " has been made by a naval surgeon.] NAVY DEPARTMENT, Bureau of Surgery, ---, 18-. GENTLEMEN: Be pleased:to hold a careful survey, in'the case of affected with, and report, in duplicate, your opinion of:his condition; the amount of disability involved; and -whether or not, the:disease with which'he is now affected, originated in-the line of duty. Respectfully, &c. C. hief of Bureau.'(d.) If at a navy yard, ship', or hospital, insert name and place. (e.) Wound, casualty, or disease. (f.) Insert whether final, or to hospital or ship, for passage home, in which cases the discharge must be furnished by the Fourth Auditor. (g.) If at a navy yard, ship, or hospital, insert the name and place. (h.) Insert by wound received, casualty occurring, or disease contracted. (i.) Insert degree, whether total, three-fourths, one-half, &c. (j.) Insert whether to hospital, to ship,'for passage home, or finally; if for passage home or hospital, the date of final discharge must be furnished by the Auditor. 586 APPENDIX III. [28.] FORMS OF " PENSION CERTIFICATES," AND OF 1" NOTICES " TO PENSION AGENTS TO PAY. [ Notice to pension agent in behalf of a navy invalid placed on the rolls.] PENSION OFFICE,, 18. SIR: You are hereby informed that, who was a in the navy of the United States, has been placed on the list of invalid navy pensioners, under the act of April 23, 1800, at the rate of dollars and cents per month, to commence on the day of,18; and that the pension is payable at, Esq. Commissioner of Pensions. [ Certificate of a navy invalid pension.] [Name of the invalid] having been disabled in the service of the United States, whilst acting in the line of his duty, is entitled to receive at the navy pension agency, per month, payable half yearly, on the first day of July and first day of January, during his life, or the continuance of such disability, to commence the day of, one thousand eight hundred and. The same will be paid to the said in person, or on his legal power of attorney; but no payment will be made, either personally or on a power of attorney, unless the said shall produce or send to the the certificate of a justice of the peace of the county or place wherein he resides, that he the said appeared before the said justice, in the month next preceding that in which the payment is to be made, and also the certificate of a reputable surgeon, that his disability still continued. Given under my hand and the seal of the Department of the Interior, this day of one thousand eight hundred and Examined and countersigned. Secretary of the Interior. Commissioner of Pensions. Registered, ------- -------, Clerk. [ Notice to pension agent in behalf of a navy pension of a widow placed on the rolls.] PENSION OFFICE, ---------—, 18 SIR: You are hereby informed that, widow of, who was a in the navy of the United States, has been placed on the list of widows' navy pensions, under the act of of, 18, at the rate of dollars and cents per month; to commence on the day of, 18 and to continue five years, unless she should marry or die before the expiration of five years; and in either case the pension will cease on the day of such marriage or death. The pension is payable at the agency in ___ _ ---— i, Esq. Commissioner of Pensions. [ Certificate of a widow's navy pension.] [Name of the deceased husband ] died on the day of,and having lost his life while in the service of the United States, [name of the widow,] his widow, is entitled to receive at the dollars per month, payable half yearly, on the first day of July and first day of January, to commence on day of one thousand eight hundred and, to continue during widowhood; she producing a certificate that she is the widow of said, which certificate shall be signed by one of the principal magistrates of the town or place where said widow resides. And in case of death or intermarriage, the pension shall be paid to the child or children of said widow until they respectively arrive at the age of sixteen years. Given under my hand and the seal of the Department of the Interior, this day of, one thousand eight hundred and Examined and countersigned. Secretary of the Interior. Commissioner of Pensions. Registered, -, Clerk. APPENDIX HIr. 587 [ Notice to pension agent in behalf of a navy pension of an orphan placed on the rolls.] PENSION OFFICE, ------, 18 SIR: YOU are hereby informed that, child, of, who was a in the United States navy, ha, under the act of, been placed on the list of orphans' navy pensions, at the rate of dollars and cents per month, to commence on the day of,eighteen hundred and,and continue until shall, respectively, have attained the age of sixteen years. Payable at the navy pension agency to guardian..... —-- ----— ~-, Esq. Commissioner of Pensions. [Certificate of an orphan's navy pension.] [Name of a deceased father,] who was a in the United States navy, died on the day of, eighteen hundred and, and having lost his life while in the service of the United States, his child entitled under the act of to receive dollars and cents per month, in half yearly instalments, on the first day of July and first day of January, to commence on the day of, eighteen hundred and, when and continue until the said child shall have attained the age of sixteen years. Payable at the navy pension agency to guardian. Given under my hand and the seal of the Department of the Interior, this day of, eighteen hundred and fiftyExamined and countersigned. Secretary of the Interior. Commissioner of Pensions. Registered, - -, Clerk. [ 29.] [CIRCULAR TO PENSION AGENTS.-Instructions and forms prescribed by the Second Comptroller to be observed by pension agents for keeping and stating their accounts for settlement at the Treasury.*] TREASURY DEPARTMENT, Second Comptroller's Office, June 10, 1833. SIR: The following instructions and forms for keeping and stating accounts for settlement at the Treasury, are prescribed to pension agents agreeably to the provision of the 9th section of "' An act to provide for the prompt settlement of public accounts," approved March 3, 1817. Recent acts of Congress, on the subject of revolutionary and other pensioners, rendered necessary a revision of the instructions and forms heretofore issued from this office on the subject; in doing which, care has been taken to bring together the detached forms and intructions which have been prescribed at different times, as occasion required, arranged in the proper order, altered to conform to existing laws, and so modified as to simplify the vouchers, as far as a proper regard to the safety of the Treasury and the interest of the pensioners will admit. They are intended to supersede all former instructions issued ~ [The instructions and forms annexed to, and made part of, the above circular, were modified and extended by the Comptroller, on the 1st of September, 1846, as here given, the foregoing letter of Comptroller Thornton being then adopted and prefixed to their amended instructions.-Eds.] 588 -PPENDIX III. on the same subject, and are now oflicially communicatedfor your guide on the subject'matter of them, after the 1st day of September, 1833. A prospective' operation is given to these instructions, in order to afford -the agents an opportunity to circulate the information and forms among all the-pensioners prior Ato theltime of their taking effect. After the 1st day of September, 1833, all vouchers must be made out to conform substantially to these instructions, or they will be rejected at;the Treasury. J. iR. TIIORNTON, Second Comptroller. To the agent for paying United States' pensions,at Instructions, &c. The following order will be- observed in the several documents composing the voucher, viz: I. When application is made for the payment of a pension,:the first thing that seems necessary is, that the identity of the person, in whose behalf the pension is claimed, should be established. This must be done agreeably to the prescribed form, marked A; and for widows pensioned by the War Department, agreeably to form marked E. II. Under the provisions of the acts of 6th April, 1838, and 23d August, 1842, where a pension has remained unclaimed by any pensioner, for the:term of. fourteen months after -the same became due and payable, it cannot be paid by the pension agent,:but application therefor must -be made to the Treasury of the United States through the Third Auditor, if the pension certificate issued from the War Department, and through the Fourth Auditor, if it issued from the Navy Department. The usual vouchers will suffice, with the exception that additional proof of the indentity of the pensioner will be required, according to form marked B. Each pension agent, immediately on the expiration of fourteen months subsequent to each semi-annual payment, will certify to'the office of the Second'Comptroller a -correct list, containing the name, rank, rate of pension, amount due, and time of last payment of each pensioner remaining unpaid on the roll of his agency, whose pension has been due and payable for the term of fourteen months prior to the date of such certificate. When, however, a new pensioner is placed on the roll, or an old pension is renewed, the fourteen months commences, running from the semi-annual payment next after the date of his, or her, pension certificate, and not from the commeneement or renewal of the pension. III. When an attorney shall make application for a pension, be the rank of:the pensioner what it may, he must deposite with you a power of attorney -in his favor, duly -acknoWledged, and dated on or subsequent to the day on Which'the pension claimed became due, and within ninety days of the time of his applying for payment, and also his, own affidavit that said power was not given him by reason of any sale, transfer, or mortgage of said pension; and the execution of the power must be in the presence of at least one witness, other than the magistrate before whom it is acknowledged. These papers must be made out in strict conformity to the subjoined form, marked C. IV. In all cases of payments upon a power of attorney, the justice of the peace or magistrate before whom it is executed, must have lodged with the agent the certificate of the clerk of some court of record, under seal of tile court, that he is legally authorized to act as such; and also a paper bearing his proper signature, certified to be such by the clerk of some court of record. V. It is advisable, and is so recommended, that pension agents procure and place in.a book the signatures and seals of clerks of the lifferent courts within their agency, who may be authorized to certify as to the powers, the better to detect, by comparison of the signatures and seals, impositions that may be attempted. VI. Under. the provisions of the acts of 2d March, 1829, and: 29th June, 1840, in case of the death of any pensioner, the arrears of pension due to him at the time;of his death must be paid — 1st. "To the widow of the deceased pensioner, or; to his attorney," proving herself to be such before a court of record. 2d. If there be: no widow, then the executor:or administrator on the estate of such pensioner, for the sole and exclusive bene. fit of the children,, to be by him distributed:among them in equal shares; and: the law of 1849 declares that the arrears of pension "6 shall not be considered a part of the assets of said estate, norliable to be applied to the payment of the debts of said estate in any case whatever." - 3d. In case of the death of any pensioner who is a widow leaving children, the amount of pension due at the time of her death must be paid to the executor or administrator for the benefit of her children, as directed in the foregoing paragraph-. 4th. In case of the death of any pensioner, whether male or female, leaving children, the amount:of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator. I' one of the children is selected to receive t;he..amount due, he, or she, must produce a-power of attorney from. the others for. that purpose, duly authenticated. The oath of identity for the widow, or child, of a deceased pensioner, must be according to form F; and, when they appoint an attorney, the power: of attorney must be- according, to form: marked G. 5th. If there be no widow, child, or children, then the amount due such pensioner at the time of his death must be paid to the legal representatives of the decedent. 6th. When an executor or administrator shall apply for the pension due to a deceased person, he must deposite with you a 590 A.PPENDIX IT. certificate of the clerk of the court, judge of probate, register of wills, ordinary or surrogate, (as the case may be,) stating that he is duly authorized to act in that capacity on the estate of the deceased pensioner, and, if a male, that it has been proved to his satisfaction that there is no widow of the said pensioner living. VII. In all cases of payments being made of moneys due a deceased pensioner, the original pension certificate must be surrendered, as evidence of the identity of the person to whom the pension claimed was due, or other substantial evidence of such identity must be produced in case such certificate cannot be obtained for surrendry; and that due search and inquiry have been made for the said certificate, and that it cannot be found. The date of said pensioner's death must be proved before a court of record. VIII. A certificate of the facts proved must be obtained from the clerk of the court. It is not necessary for the clerk to give the evidence in detail, but only to state the facts that have been proved, and certify, under his seal of office, that the testimony adduced was satisfactory to the court, according to form marked H; and in case a pension certificate is illegally withheld from a pensioner, he (or she, as the case may be,) must produce evidence of identity and the facts, agreeably to the form marked I. IX. When a pensioner is placed under guardianship, the guardian applying for a pension must, in addition to the evidence of the pensioner's identity, deposite with you a certificate from the proper authority, that he is, at that time, acting in that capacity; and also satisfactory evidence that his ward was living at the date the pension claimed became due. The identity of the pensioner in such cases must be established under the form herewith, marked D. X. For all payments made by you duplicate receipts must be taken, (agreeably to the subjoined form, marked K,) one of which you will forward, with your quarterly accounts, to the Third Auditor of the Treasury for pensions under the War Department, and to the Fourth Auditor fobr pensions under the Navy Department;i and in all cases where a pensioner or attorney makes a mark, from inability to write his name, there must be a witness thereto, otherwise such receipt, or voucher, will not be admitted at the Treasury.* " By the second section of " An act making appropriations for the payment of the revolutionary and other pensioners of the United States," approved February 22d, 1840, pension agents are authorized to administer all oaths required to be administered to pensioners, attorneys of pensioners, or others, in the course of the preparation of papers for the payment of pensions under any of the laws of Congress; and to charge and receive the same compensation therefor as the laws of the State in which the agent is located allow to magistrates for similar services. APPENDIX rs. 591 A. STATE OF, county, S Be it known, that before me,, a, in and for the oounty aforesaid, duly authorized by law to administer oaths, personally appeared and made oath in due form of law, that he is the identical person named in an original certificate in his possession, of which (I certify) the following is a true copy:* [Here insert a copy of his certificate of pension.] that he now resides in, and has resided there for the space of years past; and that previous thereto he resided in; and that he has not been employed, or paid, in the army, navy, or marine service of the United States from the day of to [Signed.] Ac* Bee. Sworn and subscribed this day of, 18, before me. C.* D**, J. P. B. STATE OF c county, Ss: 18 I,,a magistrate in the county above named, do hereby certify that I have the most satisfactory evidence,+ viz: that, who has this day appeared before me to take the oath of identity, is the identical person named in the pension certificate, which he has exhibited before me, numbered, and bearing date at the War Office, the day of 18; and signed by, Secretary of War. Given under my hand at, on the day and year above written. C** D*"", J. P. STATE OF county, 88s I,, clerk of the court, of the county and State aforesaid, do hereby certify that is a justice of the peace, in and for said county, duly commissioned and qualified; that his commission was dated on the day of,18, and will expire on the day of,18, and that his signature above written is genuine. Given under my hand and the seal of said county, this day of, 18 [L. s.] C**" C*', Clerk. C. Know all men by these presents, That I,, of, (a) pensioner of the United States, do hereby constitute and appoint my true and lawful attorney, fobr me, in my name, to receive from the agent of the United States for paying pensions in, State of, my pension from the day of,18, to the day of,18 Witness my hand and seal, this day of,18 [Signed.] A * Bi* Sealed and delivered in presence of [L. s.] Cow D'**, J. P. X Where the pension has been increased since the certificate has been given, the magistrate will note the fact. In case of a revolutionary pensioner, the part of the above form which requires the pensioner to depose that " he has not been employed, or paid," &c., is not required. The law of April 30, 1844, forbids the payment of an invalid pension to any person while in either of the military services, " unless the disability, for which the pension was granted, be such as to have occasioned his employment in a lower grade." t Here state what the evidence is; whether personal knowledge, or the affidavits of respectable persons, giving their names. Where the pensioner is personally known to the agent, and he will certify to his identity, the above form (B) may be dispensed with. (a) In this blank insert the word invalid, or revolutionary, as the case may be. 592. APP ENDIX II.L STATE OP, COUNTY —-. Be it known, That on the day of, 18, before the subscriber), in and for said county, duly authorized by law to administer oaths, personally appeared above named, and acknowledged the foregoing power of attorney to be his act and deed. In testimony whereof I havehereunto set my hand, the day and year last above mentioned. C**oJ D*e*, J. P, STrATE:OR, COUNTY-SS. Be it known, That on the day of, 18, before me, a, in and.: for said. county, duly authorized by law to administer oaths) personally -appeared,the attorney named in the foregoing power of attorney, and made oath that he had: no interest whatever in the money he is authorized to receive, by virtue of the foregoing power of attorney, either by any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever. Sworn and subscribed the day and year last above mentioned, before me, Co* D*'e, J. P. D. STATE OP, COUNTY —Ss, Be it known, That. before me, a- in and for said county), duly authorized by law to administer oaths, personally appeared: guardian of and made oath in due form of law! that the said is still living, and is the identical person named in the original certificatellin his possession, of which (I certify) the. following. is a true copy: [Here insert a copy of his certificate of pension.] that he now resides in, and has resided there for the space of years past, and that previous thereto he resided in ----. ---—.., Guardianb Sworn and subscribed this day of, 18, before me. C** ]D*", J. P. E. Form of an affidavit to be made by a widow placed on the pension rolls of the War Department, STATE, [OR TERRITORY,] OF S County of Be it known, That before me, a a duly authorized by law to administer oaths, in and for the county aforesaid, personally appeared and made oath in due.form of law, that she is the identical person named in an original certificate in her possession, of which (I certify) the. following is a true copy; [Here insert a copy of her certificate of pension.] that she has not intermarried, but continues the widow of the abovementioned; and that she now resides in, and has resided there for the space of years past; and that previous thereto she resided in of the truth of which statements I am fully satisfied. [Signed.] A** B***. Sworn to and subscribed this day of, 18, before me, C** D***, J. P. [ In cases where a widow was placed on the pension roll under the act of March 3dj 1843, and had surrendered her certificate, on the expiration of her pension, previously. to the renewal of widows' pensions by the act of June 17, 1844, the following form may: be substituted for the above. But as widows who were never placed on the pension X The above form of oath is necessary for the attorneys of widows pensioned under the laws of July 4, 1836, and July 7, 1838, and subsequent laws continuing their provisions. For other pensions, the old form of attorney's oath is. sufficient;' but as the above form is valid in all cases, to prevent mistakes, its general adoption is-advised. APPENDIX IE. M593 list prior to the act of June, 1844, whose claims have subsequently been admitted, will be furnished with pension certificates from the War Department, they will be required to nsert a copy of their certificates in the oath of identity, agreeably to the foregoing form.] STATE OF, COUNTY-88. Be it known, That before me, a in and for the county aforesaid, duly authorized by law to administer oaths, personally appeared, and made oath, in due form of law, that she is the identical person who drew a pension under the act of 3d March, 1843, on account of the revolutionary service of her husband, the late,at the rate of $ per annum; that she now makes this affidavit for the purpose of drawing a pension under the act of Congress passed on the 17th of June, 1844, entitled " An act to continue the pension of certain widows," that she has not intermarried, but continues to be a widow-; that she now resides in in. the county of, and State of, and has resided there for the space of years past; and that previous thereto she resided in [Signed.] A** B***. Sworn to and subscribed this day of,18, before me. Cw' D***, J. P. I certify that the abovenamed affiant is personally known to me, and that she is the -same individual who drew a pension as stated by her in the foregoing affidavit. C* D**, SJ. p. F. Oath of identity for the -widow or child of a deceased pensioner.* STATE OF, CO UNTY-8s. Be it known, That before me,, a in and for the county aforesaid, duly authorized by law to administer oaths, personally appeared and made oath, in due form of law, that she is the widow (or son, or daughter, as the case may be,) of, the identical person who was a pensioner, and is now dead, and to whom a certificate of pension was issued, which is herewith -surrendered. That the deceased pensioner resided in [Signed.] A** Ba**. Sworn to and subscribed this day of, 18, before me, Ca* Dee-, J. P. G. Power of attorney for the widow or child of a deceased pensioner. Know all men by these presents, That I,, of in the county of, State of, widow, (or child, as the case may be,) of, who was a pensioner of the United States, do hereby constitute and appoint my true and lawful attorney, for me, and in my name, to receive from the agent of the United States for paying pensions in State of, the balance of said pension from the day of 18, to the day of, 18, being the day of his death. Witness my hand and seal this day of,18 [Signed] A** B'*k. Sealed and delivered in presence of [ n. s. C* D, J. P. H. Certificate of the court as to the death of the pensioner. STATE OF, COUNTY —s. I), clerk of the court of,. holden at, in and for, do hereby certify that satisfactory evidence has been exhibited to said court that was a pensioner of the United States at the rate of dollars per; was resident of the county of, in the State of;' The oath of identity for the executor or administrator of a deceased pensioner may be in the foregoing form-substituting "executor," (or 1" administrator," as the case may be,) for "widow," &c. 45 o594 APPENDI)X iti,and died in the, in the State of' n tie; year, on the day of; that he left a widow [or no widow] (or children, as the case may be) whose name is (or are, as the case may be.) In testimony whereof, I have hereunto set my hand and affixed my seal of office, at, this day of, in the year of our Lord 18 [L.. s.] C** C*, Clerk of the I. Evidence in cases where pension certificates are illegally withheld. STATE OF, COUNTe-SS. Be it known, That before me,, a in and for the county aforesaid, duly authorized by law to administer oaths, personally appeared and made oath, in due form of law, that he (or she, as the case may be,) is the identical named in the original pension certificate now illegally withheld by [Here state the facts respecting the detention of the pension certificate.] that he (or she) is entitled to a pension of dollars per month; that he (or she) now resides in, and has resided there for the space of years past; and that previous thereto, he (or she) resided in [ Signed.] A** B **. Sworn and subscribed this day of, 18 C** D;*, J. P. STATE OF, COUNTY-ss. Conformably to the regulations of the War Department of the 27th of October, 1832, 1 a magistrate in the county above named, do hereby certify that I have the most satisfactory evidence, viz:* that, who this day appeared before me to take the oath of identity, is the identical pensioner he (or she) declares himself (or herself) to be in the annexed affidavit; and I am also satis~ fled that the statement made by him (or her) in relation to the pension certificate is true, Given under my hand at, the day and year above written. C'" D*X*, J. P. I,, clerk of the court of county, certify that is a magistrate as above, and that the foregoing certificate, purporting to be his, is genuine. In testimony whereof, I have hereunto affixed my seal of office, and subscribed mny name, this day of, in the year [L. S.] C** Ca**, Clerk of the Cbourt of County. K. Received of, agent for paying pensions, dollars cents, being for month's pension due to fi'om the day of, 18,to the day of,18,for which I have signed duplicate receipts. [Signedl A- B *. [0.] r[CRCULAR TO PENSION AGENTS.-Instructions and forms to be observed by pension agents in paying navy and privateer pensions.]t PE:NSION OFFICE, f-tay, 1840. The agents for paying navy pensions are directed to observe the following rules: * Here state what the evidence is; whether personal knowledge, or the affidavits of respectable persons-giving their names. If the pension agent act as a magistrate in the case, the certificate of the clerk of the court is not required. t [These illstrctions and forms, as the preceding, should, by law, emanate fiom the Second Comptroller. They are, nevertheless, equivalent to the foregoing, and have the advantage of being more brief. We presume the agent for paying pensions may take his choice. —Eds.] APPFtNDIIX MIt. 595 Ist. The identity of the pensioner must be proved by the exhibition of his certificate, and by his oath and signature, before a justice of the peace, or other officer duly qualified to administer oaths, in accordance with the subjoined form, marked A. 2d. If application be made by, or on behalf of a widow, proof of her identity, that she is still living, and has not intermarried, must be furnished according the form herewith, marked B. 3d. Payments to a guardian will be made on evidence that the child or children are living, and that they are not over sixteen years of age; and a certificate from the proper authority that he is, at the timne, acting in that capacity, agreeably to the annexed form, marked C. 4th. All pensions unclaimed for two years and upwards will, previous to the payment, be referred by the agent, with all the documents, to the Fourth Auditor of the Treasury for investigation; and, if found correct by the accounting officers, they will be returned to the agent for payment. 5th. No payments of pensions will be made for a less period than six months, either by the agents or the Fourth Auditor, except in the first payments becoming due to pensioners, or where they shall die, or the pension expires, previous to the time for the regular semi-annual payments. J. L. EDWARDS. A. STATE OF county, 3 85 Be it known, that before me, a, in and for the county aforesaid, personally appeared, a pensioner, and made oath in due form of law that he is the identical named in an original certificate of pension, bearing date at the Navy Department, on the day of, and signed by Secretary of the Navy; which certificate he exhibited to me, and by which it appears that he is entitled to a pension of dollars per month. [Signed.] A** Base. Sworn ind subscribed this day of 18, before me, C** D*'*,s J. P. B. STATE OF county, ss Be it known, that before me, a in and for the county aforesaid, personally appeared widow of, and made oath in due form of law, that she is the identical named in an original certificate of pension, bearing date at the Navy Department, on the day of, and signed by Secretary of the Navy; which certificate she exhibited to me, and by which it appears that she is entitled to a pension of dollars per month, and that she has not intermarried, but continues the widow of the above mentioned [ESigned.] Amo B*". Sworn to and subscribed this day of 18, before me, C ** D*, J. P. C. STATE OF eounty, ss: Be it known, that before me, a in-and for the county aforesaid, personally appeared guardian of orphan child of -and made oath in due form of law, that he is the guardian named in the accompanying certificate of guardianship; that his said' wards are the'children of referred 596 APPiENDIX III. to in an original certificate of pension, bearing date at the Navy Department, on the day of, and signed by, Secretary of the Navy; by which it appears they are entitled to a pension of dollars per month, and that said children are still living, and not over sixteen years of age. [Signed] A" B'5. Sworn and subscribed this day of 18, before me, C** De**, J. Pa PENSIONS TO CHEROKEE WARRIORS. [Rules of evidence for the information of certain Cherokee warriors.] Regulations established by the Secretary of War for carrying into effect the act of Congress passed the 14th April, 1842, entitled " An act to provide for the allowance of invalid pensions to certain Cherokee warriors, under the provisions of the 14th article of the treaty of eighteen hundred and thirty-five." WAR DEPARTMENT, April 26, 1842. In substantiating claims under this law, the following evidence will be required: the applicant must make a declaration,: under oath, before some officer of the United States, or of the Cherokee nation, duly qualified to administer oaths, stating how, when, and where he was wounded, and where he at present resides. He must also produce the testimony of at least two persons of known respectability, stating their knowledge of the claimant, giving his name, residence, and age, according to the best of their knowledge and belief; the reputation he has borne in the neighborhood where he resides; and they must be particular in stating the fact whether, during the whole time they have been acquainted with him, he has been considered as one of the Cherokee warriors who was wounded while in the United States' service during the late war with Great Britain. The affidavits must be duly authenticated. The applicant, on obtaining such proof, must present himself to some officer of the medical staff of the army, who will carefully examine him, and give such a certificate respecting his disability as the facts will justify him in giving. The applicant's wound must be particularly described, and the degree of disability arising from the wound must be clearly stated. The examining surgeon is also required to be particular in stating any fact within his knowledge that may have the tendency to throw light on the claim, whether or not it may relate to the claimant's disability. The annexed form, prescribed for granting certificates to persons disabled while in the line` of their duty in the United States' service, must be followed by the examining surgeons. No claim will be allowed unless the claimant's name appears on the muster rolls. a [The form of a' declaration" for "invalid pension," in the case of Cherokee warriors, has also been omitted, as of those for invalid pensions in the regular army and the naval service, already adverted to.-Eds.] APPENDIX III. 597 The pensions which may be granted will be paid only to the pensioner in person, by or under the direction of some officer of the United States, upon satisfactory evidence of the identity of the applicant. In no case will the powers of attorney be recognised. J. C. SPENCER, To the COMMISSIONER OF PENSIONS. Secretary of War. Surgeon's certificate in the case of a Cherokee invalid. Having been requested by, one of the Cherokee tribe, who is now an inhabitant of, to examine him with a view of giving him such a certifi-.cate as may aid him in procuring a pension from the United States, under the act of the 14th of April, 1842, I hereby certify that I am fully satisfied, from the affidavits of and, two persons in whose statements I repose entire confidence, that the aforesaid, an applicant for a pension, did actually serve in the regiment of the Cherokee Indians who were engaged on the side of the UJnited States during the late war with Great Britain; that he was under the command of Captain, and that while in said service, and engaged in battle at or near, he was wounded by a [here particularly describe the wound, and say in what way he is affected by it,] and that in consequence of the injury received by said wound he is [here state the degree of disability-whether one-fourth oncthird, one-half, three-fourths, or total-as the case may be,] disabled from-obtaining his *subsistenee by manual labor.... — — I, Surgeon U. SA. armny. Dated at, this day of, 18 [32.]:[Decision in relation to pension claims of certain widows. This decision was omitted in the sequence of its date.] PENSION OFFICE, June 4, 1842. In conformity with the opinion of the Attorney General [of May 31, ultimo,l the Secretary of War has decided that a pension cannot be granted to a widow under the act of 1838, whosse husband was living at the time of the passage of the act of 1832, and particularly if he received an annuity under that act. J. L. EDWARDS. [33.] ([The two following forms may be taken as samples of that numerous class of penslon certificates RENEWED from various causes.] Invalid pension certificate renewed in lieu of a lost certificate. I certify, That, in conformity with the invalid pension law of the United States,,late a of the was, on the'day of inscribed on the pension list, roll ol the agency, at,the rate of per month; and that his name is now on the roll of the agency, at the per month, commencing on the day of, one thousand eight hundred and thirtyThis certificate is issued in lieu of one dated on the day of Given at the Department of the Interior, this day of,one thousand eight hundred and Examined and countersigned. Secretary of the Interior. Commissioner of Pensions. 598 APPENDIX IIH. Widow's pension certificate renewed. I certify that, in conformity with the act of February 2d, 1848, widow of, who was a in the revolutionary war,. is inscribed on the pension list at the rate of dollars and cents per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case, the pension is not payable after the time of such marriage. Given at the Department of the Interior this day of, one thousand eight hundred and Examined and countersigned. Secretary of the Interior; Commissioner of Pensions. [34.j Periodical statement or list of pensioners sent to pension agents. PENSION OFFICE, --—, I8. SiR: Be pleased to inscribe on your roll under the act mentioned, under the proper columns, the following names, and pay the pensions as directed opposite their names. Respectfully, [ J. L. E.l To -- -, Esq., Pension Agent. Names. Rank. Act. Annual Commencemn't Continuation amount. of pension. of pension. [35.l OF BOUNTY LANDS. [Regulations, decisions, and explanations for the information of applicants for bounty' land under various acts.] DEPARTMENT OF INTERRIOR, Pension Office, alurch 20, 1851. New questions having been presented in the execution of the bounty land act of September 28, 1850, and some of the rules and regulations heretofore prescribed either misinterpreted or disregarded, the following instructions, approved by the Secretary of the Interior, are issued for the benefit of all persons interested. 1. The act of February 11, 1847, having restricted land bounty for service in the Mexican war to the non-commissioned officers, musicians, and privates of the regular army, the claims of commissioned officers in that service are for the first time recognized by the act of 28th September, 1850. It was not the intention of that act to bestow bounty land on the whole army of the United States wherever located, but only on those whose service was connected with, or had a direct reference to, that war; nor can the act be properly construed to embrace the officers and employees APPENDIX III. 599 attached to the War Depnrtment in Washington, their service not being of that kind which was contemplated. It is not necessary that officers should have been actually within the limits of Mexico, or on the borders thereof, provided they were actually engaged in the war, and directly connected with its operations. 2. In the war of 1812, troops were frequently called out by State authority, and not immediately mustered in the service of the United States. If the Federal Government paid such troops from the time of their enrollment, and before they were actually mustered in the service of the United States, that payment is equivalent to a recognition of their service from the date of the enrollment. The time for which,they were paid by the United States furnishes a convenient and practical standard for estimating the period of service. 3. The conflicts with the Creek Indians, which commenced about 5th May, 1836, and ended 30th September, 1837, are considered as embraced by the act of 1850; large bodies of' troops having been mustered in the United States service, and several engagements having occurred, attended by the loss of many lives in battle, within that period. The disturbances on the southwestern frontier in 1836; in the Cherokee country in 1836 and 1837; and the New York disturbances in 1838 and 1839, are not considered as embraced by the provisions of the act of September, 1850. 4. It has been settled that Indians who have been regularly mustered into the service of the United States, and formed a component part of the line of the army, were entitled to the benefit of the, act. In the case of the Cherokees, who have an organized government and a judicial system in operation, the affidavit in support of an application for land bounty must be made before one of their judges, whose official character shall be certified by their principal chief. The Creels having no judicial officer, the United States aogent in that nation is authorized to administer the necessary oaths. 5. It has been heretofore stated that "teamsters and artificers were not entitled to land bounty;" but this is not to be so understood, if' such teamsters or artificers belonged to the line of the army, and were regularly detailed for that particular kind of service. 6. Surgeons employed by a commanding officer at a stipulated rate of compensation, but not commissioned or belonging to the line of the army, are not entitled to land bounty. 7. It has been decided by the Department that the substitute performing the military service, and not the employer, is entitled to the land bounty; but when the engagement is partly performed by both, each is entitled to his share, according to the period of service. 8. Where the declaration of the claimant on oath, supported by a regular and authentic discharge, is in conflict with the military rolls, the former, as a general rule, will be preferred. And 600 APPENDIX III. where the rolls are altogether silent as to the claimant, the positive testimony of officers and soldiers with whom he served, and whose names are found on the rolls, will be received as evidence. 9. The act of September, 1850, exclude all persons who have received, or are entitled to receive, land bounty under any act of Congress heretofore passed. In all applications hereafter presented, (reasonable time being allowed for these instructions to circulate,) it will be required that the claimant shall state in his declaration that he has not received, nor is entitled to receive, such bounty. 10. The Department has decided that widows are entitled to the land bounty of deceased soldiers, if they were widows at the passage of the act of September 28, 1850. This is the law in its general application. But the widow of an officer or soldier killed in battle is entitled to themaximum allowance of one hundred and sixty acres, without reference to the period of her husband's service. And, although a married woman at the passage of the act, ~f unmarried at the date of her application, her claim is valid. 11. The death of an officer or soldier may be proved by satisfactory evidence, and if such officer or soldier should die after the declaration filed at the Pension Office, but before the issuing of the warrant, it shall be competent for the widow, or if there be no widow, for the minor children to apply for the said warrant and receive the same, on filing the necessary proofs of title. Considerable anxiety prevails in some quarters in regard to the execution of this law, and much impatience is manifestedl as to whether applications forwarded have been received, and when the warrants are likely to be issued. A few explanations will probably suffice. Up to the time when the present Commissioner' entered upon the discharge of his duties, (the 1st of December, 1850,) between thirty and forty thousand applications were received, but, as the force employed had been engaged upon other branches of the business, no special acknowledgment had been made to claimants. Early in December a printed circular was prepared and despatched by every mail, acknowledging the receipt of claims; but as it was impossible, for obvious reasons, that this circular could be forwarded to previous applicants, it was necessarily confined to the future. Hundreds, without a knowledge of these facts, have been surprised that their own applications were neglected, when others, subsequently forwarded, have been acknowledged by mail. If those who sent their claims prior to the 13th of December will wait patiently, they will in due time be advised, either in the form of a warrant or by letter, assigning the reason of suspension or rejection. Up to this period, the office, with all its force faithfully applied, has only been able to issue between seven and eight thousand warrants on declarations received in October and early in November. Some time, therefore, must elapse before the numerous claims which arrived in November and early in APPENDIX III. 601 December can be finally acted on, or of which the claimants can be informed by the usual printed acknowledgment. Up to the present time, about one hundred thousand applications have been received, and every day's mail brings an increase, varying from five hundred to a thousand. The office is now issuing between a thousand and twelve hundred warrants a week; but more than eighteen months must elapse before the claims now on hand can be disposed of, or matured into the form of warrants. The number of applications having increased so far beyond what was anticipated, in order to supply the public demand, additional force was asked of Congress near the close of the late session, and the request would doubtless have been granted had it been made at an earlier period. If granted hereafter, the work will, of course, be accelerated, and the time for its completion shortened. Singular misconceptions exist as to the time necessary to execute the law. The rule of the Department is, that each claim shall be acted on in turn, or in the order in which it is received; and this rule has been rigidly and impartially enforced. It would be tedious and unnecessary to describe the process by which the claims are conducted from their first reception and acknowledgment to the final issuing of the warrants. In order to guard against error and imposition, they are carefully registered and classified, and subjected to separate examination in different hands, no advantages in any respect being gained by a hurried and ill-digested method of proceeding. With all these precautions errors will unavoidably occur, but means will also be employed to render them harmless. All persons interested in the law, or desiring information in regard to it, are requested to address their communications directly to this office, to which they are referred if sent to any of the Departments. J. E. HEATH, Commissioner of Pensions. [ o.l [36.1 BOUNTY LAND FOR SERVICE IN THE REVOLUTIONARY WAR. [Regulations for the officers and soldiers of the revolutionary war who acquired a right to land from the United States, but have not received it.] PENSION OFFICE, August 10, 1850. By an act of Congress of the 16th September, 1776, it is provided, that the officers and soldiers of the army on the continental establishment, who engaged for, and continued to serve, during the war, or until discharged by Congress, shall receive land in proportion to their rank. N. B. Those who engaged for three years, or for any other period than during the war, are not entitled to land from the United States. 602 APPENDIX: III. The following declaration must be filled up and sworn to by the claimant: [J. L. E.] [Declaration and power of attorney of a revolutionary officer or soldier for bounty land.] STATE OF, County of s,. I,, aged years, do upon oath testify and declare, that I entered the service of the United States on the day of,in the year 17, for the term of, and that I served in the company commanded by, in the regiment No., commanded by, of the line, and was honorably discharged on, in the year 17, from the regiment commanded by. I further declare, that I have never received a warrant for the bounty land promised to me on the part of the United States, nor have I ever assigned or transferred my claim in any manner whatsoever: therefore, Know all men by these presents, That I, aforesaid, do hereby constitute and appoint to be my true and lawful attorney, for me and in my name to demand and receive from the Secretary of War of the United States, a warrant for the quantity of land due to me as aforesaid; and my said attorney is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him for the special purposes above expressed. [Signed.] A** B**. Attest B** A***. [Affidavit of witness.] I,, aged years, do upon oath declare, that I have been long acquainted with, who has subscribed the above declaration in my presence, and well know that he is the identical person he therein represents himself to be; and further, I do believe that he did perform the military service therein stated. Attest, B** A***. [Certificate of justice of the peace.] Before me, personally appeared the above named subscriber to the foregoing declaration, and in my presence, acknowledged the power of attorney thereto subjoined, to be his free act and deed; and, likewise, personally appeared who hath subscribed the above certificate of identity, both to me well known to be men of respectability and truth, and made solemn oath to the truth of the depositions by them respectively subscribed, this day of 18 C** D' *, J. P. [Certificate of clerk of court.] In testimony that the above written was a magistrate authorized to administer oaths, and take acknowledgments, &c., in the State of at the above date, and that his name there subscribed appears to' me to be his usual signature, I have hereunto affixed the county seal, and subscribed my name and quality, at this day of, 18 [ L. s.] C** C.**, Clerk. [Regulations for the heirs or representatives of officers and soldiers of the revolutionary Army who were slain by the enemy, or who have died since the war, and have not received land from the United States.] [WITHOUT DATE.] By an act of Congress of the 16th September, 1776, it is provided that the officers and soldiers who engaged for, and continued to serve during the war, or until discharged by Congress, and the heirs [" the representatives"] of such officers and soldiers as shall be slain by the enemy, shall receive land in proportion to their rank. N. B. Those who engaged for three years, or for any other pe APPENDIX III. 603 riod than during the war, or who died of sickness, fatigue, or casualty, are not entitled to land from the United States. The following declaration must be filled up and signed by the proper authorities: [J. L. E.] [Declaration and power of attorney of an heir of a revolutionary officer or soldier for bounty land.] STATE OF County of I,,heir at law of, do, upon oath, testify and declare, to the best of my knowledge and belief, that did enter the service in 17, for the term of,and served as a in the regiment No. under the command of Colonel, of the line; and that he continued in the service aforesaid until I further declare that I have never received a warrant for the bounty land promised to on the part of the United States; nor do I believe that he ever received it, or transferred his claim to it in any manner whatsoever: therefore, Know all men by these presents, That I, aforesaid, do hereby constitute and appoint to be my true and lawful attorney, for me and in my name to demand and receive from the Secretary of War of the United States, a warrant for the quantity of land due to me as aforesaid; and my said attorney is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him, for the special purposes above expressed. [Signed.] A** B **. Attest Be* A**'. [Certificate of justice of the peace.] Personally appeared the abovenamed, subscriber to the foregoing declaration, and made oath to the same, and in my presence acknowledged the power of attorney thereto subjoined to be free act and deed, for the purposes therein mentioned. Attest, C * D***, J. P. [Certificate of clerk of court.] In testimony that the above written was a magistrate authorized to administer oaths, and take acknowledgments, &c., in the State of at the above date, and that his name there subscribed appears to me to be his usual signature, I have hereunto affixed the county seal, and subscribed my name and quality, at this day of 18 [CL. s.]- Co* CV* Clerk of Court. [Form in proof of heirship applicable to the States of Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Ohio, Kentucky, Tennessee, Alabama, and other western States.] STATE OF At a court held for county, 18, satisfactory evidence was adduced in court to prove that [Filled up according to the facts.] and heir-at-law in fee to late a in the regiment [of the Continental or State line.] I,, Clerk of the county court, do certify, that the above evidence is taken from the records in my office. In testimony whereof I have hereunto affixed my official seal, this day of 18 [ L. S.] C** C'**, Clerk of Court~ 604 APPENDIX III. Form of heirship applicable to the States of Maine, Massachusetts, New Hampshire, Rhode Island, Connecticut, Vermont, New York, New Jersey, South Carolina, Georgia. STATE OF r County of ss. OFFICE 18 I certify that satisfactory evidence was adduced to me, to prove that [Filled up according to the facts.] the and heir-at-law in fee to who was a in the regiment of [the Continental or State line.] Given under my hand and seal of office, this day of 18 [L,. s.] C C.', Judge, 4c. Revolution Bounty Land Warrant-transmitted to claimant or warrantee direct, without notification of issue from the Pension Office, and without instructions from the General Land Office as to location, &c. No. Pursuant to an act of Congress, entitled, "An act to extend the time for issuing military land warrants to the officers and soldiers of the revolution," approved January 27th, 1835, and an act of Congress entitled "An act to provide for satisfying claims for bounty land for military services in the late war with Great Britain, and for other purposes," approved July 27th, 1842, and an act of Congress entitled "An act giving further time for satisfying claims for bounty lands, and for other purposes," approved June 26th, 1848, [Filled up with the name of the warrantee and the facts of each case.] entitled to acres of land, to be LOCATED as is provided for warrants under the first section of the aforementioned act, approved July 27th, 1842, and this warrant shall not be assignable to any person whatever. Given at the Department of the Interior, this day of, one thousand eight hundred and.- - Registered and countersigned: Secretary of the Interior. Commissioner of Pensions. [37.] BOUNTY LAND FOR FIVE YEARS SERVICE IN THE WAR OF 1812, OR DURING THE WAR. E Regulations and instructions for the use of applicants for bounty land for military service in war of 1812, and for identifying claimants in lieu of their lost discharges.] PENSION OFFICE, August 10, 1850. The existing laws providing land bounty to the soldiers of the war of 1812 are applicable to those men only who enlisted in the regular army for "five years," or for " during the war," and were "honorably discharged," or died whilst in service. A surviving soldier of the war of 1812, on his application for bounty land, is required to produce his original discharge, and his oath, duly authenticated, shoiwing that he is the individual mentioned in the discharge; but if the discharge is lost, he must identify himself by his affidavit, according to the printed form for that purpose, headed " Form for lost discharges." The heirs of a deceased soldier of the war of 1812, in their application for bounty land, are required to state -rs explicitly as practicable when and where the soldier enlis*td, the name or APPENDIX III. 605 number of' the regiment to which he belonged, the name of his captain, or the names of some of the other officers under whom he served; for this latter purpose no forms are prescribed. The facts, however, must be set forth under oath, and the affidavits must be duly authenticated. The magistrates who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer under his seal of office. Heirship must be established by proof taken before a court of record, according to the laws of the State in which the heirs reside. The fbrms will direct the clerks of the courts how to draw up the certificates, to which must be attached their official seals. [J. L. E.] "Form for lost discharges." STATE OF ty, county, ss' I,, do declare that I was a in the company commanded by of the regiment of; that I was enlisted at by, on the day of, one thousand eight hundred and, for the term of, and served faithfully until the, one thousand eight hundred and when I was honorably discharged at by, on account of,and was last paid by, paymaster; and my discharge, which duly testified all these particulars, was lost by [State by what means.] [Signed.] A*e B~**. Sworn and subscribed to, before me, this day of, one thousand eight hundred and C*0 C0'g, Clerk, 4c. N. B. The official attestation of the Secretary of State, or the county clerk, or other proper officer, to the quality and signature of the magistrates before whom the depositions were taken, will be required; excepting, however, when the depositions shall have been made before a notary public; his official attestation in such case is deemed sufficient; but the certificate of a notary, to the quality and signature of another magistrate is illadmissable. [Notification to warrantee of the issue of his warrant, and the certificate of right to locate it, both of which, certificate and warrant, are sent to the General Land Office, whence they are sent to the warrantee with instructions for location, which being done, all are returned to the General Land Office for patenting.] PENsIoN OFFICE, June,1851. You are hereby notified that military land warrant No. for acres, issued on the day of, 185, in favor of who was a, and that the certificate of the right to locate said warrant has been sent to the General Land Office, from whence it will be sent to you, accompanied by the necessary instructions in regard to location. To. Commissioner of Pensions. [Instructions from the General Land Office to be observed in locating the warrant for 1812.] GENERAL LAND OFFICE, -. -~ —, 18 e The first section of the act of Congress approved July 27, 1842, authorizes that the accompanying certificate from the Department 606 APPENDI i lit of the Interior, be located in the name of the warrantee, (the same not being assignable,) on any quarter section of public land subject to private entry at any of the land offices of the United States. Special care must be taken that the location shall not interfere with a tract of land to which the right of pre-emption has attached, or is about to atta-ch, in virtue of the provisions of the act of Congress, approved September 4th, 1841, entitled " An act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights." Inasmuch as settlers claiming such right of pre-emption are required by the afbresaid act " within thirty days next after the date of such settlement, to file with the register of the proper district a written statement describing the land settled upon, and declaring the intention of such person to claim the same under the provisions of the act," it inevitably results that, until the lapse of such term of thirty days from the date of the attempted location thereof, (except in cases where such evidence may be filed in advance of such legal period,) it cannot be determined whether or not such location be clear of interference with a settler's claim. The register of the land office at which the location is desired to be made will, therefore, note on this document (in ink) the date when the same is received at his office, and indicate thereon (inpencil) the tract of land desired to be located, and make a corresponding annotation (in pencil) on the tract book and township map, and so soon as it shall have been determined that the desired location can be admitted, the register will make the appropriate entry permanently (in ink) on the tract book and map, and endorse his certificate of location on this paper, to be forwarded to this office for the purpose of having a patent issued thereon. -, Commissioner of the General Land Office. [Certificate of right to locate warrant for war of 1812, to be returned by the register and receiver to the General Land Office, with the warrant as appended, after location, to be accompanied with their certificates of location, as under the act of 1847, sequel.] DEPARTMENT OF THE INTERIOR. Office of the Commissioner of Pensions. It is hereby certified, that the land warrant No. [28,000, for 160 acres] has been issued in the name of [A. W-., who was a private in the company commanded by Captain Jones, of the forty-ninth regiment of United States infantry,] [under date of June 26, 1850,] and will be deposited in the General Land Office, at the seat of Government; and that, pursuant to the provisions of the act of Congress, approved on the 27th day of July, 1842, entitled " An act to provide for satisfying claims for bounty lands for military services in the late war with Great Britain, and for other purposes," this certificate of right to LOCATE said warrant on any quarter section of land subject to private entry, will be received at any of the land offices of the United States, under the regulations and restrictions set forth in the accompanying statement of the Commissioner of the General Land Office. After the location of this certificate, it is to be surrendered to the General Land Office, whence the patent will issue. Given under my hand at the Pension Office, this [twenty-sixth] day of [June, 1851.] To [Mr. A. W., Baltimore, l1d.] Commissioner of Pensions. APPENDIX III, 607 Warrants for war of 1812-Single bounty. o0. 28,000. 160 acres. Pursuant to an act of Congress entitled " An act to allow further time to complete the issuing and locating of military land warrants during the late war," approved January 27th, 1835, and an act of Congress entitled " An act to provide for satisfying claims for bounty land for military services in the late war with Great Britain, and for other purposes," approved July 27th, 1842, and an act of Congress entitled " An act giving further time for satisfying claims for bounty lands, and for other purposes;' approved June 26th, 1848, [Filled up according to the facts in each case.] late a in the company commanded by of the regiment United States entitled to one hundred and sixty acres of land, to be located as is provided for under the first section of the aforementioned act, approved July 27th, 1842, and this warrant shall not be assignable to any person whatever. Given at the Department of the Interior, this day of,one thousand eight hundred and Registered and countersigned, Secretary of the Interior. Commissioner of Pensions. [ 38.] BOUNTY LAND -UNDER ACT OF 1 1T FEBRtlARY, 1847. [Instructions and forms to be observed by persons applying to the Pension Office for bounty land under the act of February 11th, 1847, for service in the Mexican war, or for money in lieu of land, under the act of March 3d, 1827.] PENSION OFFICE, Miarch 4, 1847. In order to carry into effect the provisions of the ninth section of the act of 11th February, 1847, the Secretary of War has directed that the following regulations shall be observed: It will be observed, on reading the ninth section of the law which accompanies these regulations, that there are six classes of persons provided for, viz: 1. Those non-commissioned officers, musicians, and privates of the regular army who have served, or may serve, in Mexico during the present war with that country, and who have served out the full period of their enlistment, and have been honorably discharged, or who may have been, or may be, honorably discharged before the expiration of the period of their enlistment, in consequence of wounds received, or sickness incurred, in the course of such service. 2. The representatives of such persons as are mentioned in the preceding paragraph, who may die in the service, or after being discharged, and before the issuing of a certificate or warrant. 3. Non-commissioned officers, musicians, and privates, who have been mustered, or may be mustered, for twelve months, in any volunteer company, who have served, or may serve, until the end of the war with Mexico, and have been, or may be, honorably discharged by reason of the expiration of their enlist ment, or in consequence of disability from wounds received, or sickness incurred, in said service. 608 APPENDIX IIIo 4. The representatives, as designated by the act, of such volunteers as shall have died, or may die, in the service, or after having been honorably discharged, and before the issuing of a warrant or certificate. 5. Volunteers received into the service since the commencement of the Mexican war, for less than twelve months, who shall have marched to the seat of war, and shall have served until honorably discharged. 6. The representatives, as designated in the act, of volunteers received into the service for less than three months, and who may have died in the service, or- after having been honorably discharged, and before the passage of this act. In order to substantiate a claim for land or scrip, under the provisions of the foregoing section of the act, the persons described in the first class of these regulations will send to, or deposit with, the Commissioner of Pensions, Washington city, evidence of enlistment, service, and honorable discharge, as required by law. The best evidence on these points is held to be the original discharge of the applicant, which must, in all cases, be produced if in existence, accompanied by the applicant's affidavit, (vide form marked A,) setting forth that he is the identical person mentioned in the discharge; and in case of the loss or destruction of the discharge, the applicant will make oath to the fact, and produce the affidavit of some creditable witness in corroboration of his statement. The claimant must set forth the regiment and company to which he belonged; the time of entering the service; the time, place, and manner of his leaving the same; and he must show, by the testimony of a commissioned officer, that he was honorably discharged. In case the claimant should desire scrip instead of land, he must make his request in writing, according to the form marked B, accompanying these regulations. The rules in the paragraphs immediately preceding, are applicable to volunteers mentioned in classes Nos. 3 and 5. The representatives of deceased soldiers and others, as mentioned in classes 2, 4, and 6, must produce evidence of the enlistment, service, and death of the original claimant. If the soldier was discharged, the discharge must be produced, if in existence. If not, the same proof will be required as in other cases of lost discharges; and if he died in the service, the certificate of his captain or other officer who commanded the company to which he belonged, must be produced. The persons w-ho may claim must produce evidence of their relationship to the deceased, and show the degree of consanguinity they bore to him. This proof must be drawn in conformity with the form marked C, and may be taken before any court having probate jurisdiction, or any officer authorized by law to administer oaths for general purposes. In case the father claims, he must show that no wife or child of the deceased is living; and APPENDIX III. 609 in case the mother claims, she must show that neither the wife, child, nor father of the deceased is living. J. L. EDWARDS. NOTES.-1. It is proper to state, for the information of claimants under the 9th section of the act of February 11, 1847, that, in every instance in which a volunteer soldier was discharged on a surgeon's certificate, that paper must be sent to the Pension Office, with the claimant's affidavit, unless it has been otherwise disposed of. If lost, he should state the fact under oath.'2. The official character and signature of the magistrate who may administer an oath must be certified by the proper officer, under his seal of office. The certificate must accompany every case, and attached to the paper on which the affidavit is written. No affidavit taken before a notary public can be admitted as evidence, except in the States of New Hampshire, Connecticut, Virginia, South Carolina, Wisconsin, and Indiana, in which States laws have passed giving such officers power to administer oaths for general purposes. 3. The relinquishment of the right to bounty land must be signed by the claimant, if, he wishes to receive scrip in lieu of land, and the relinquishment must be witnessed by some one who writes a legible hand. 4. Volunteers in some cases have been discharged from the service without, ever having received a certificate to that effect from the officer who discharged them. Such cases have occurred where an entire regiment has been mustered out of service. In such a case the claimant must make the oath of identity required by the regulations, and add to the statement of his service the following words: " I never received any discharge. The regiment to which I belonged was mustered out of the service." 5. No assignment of land or scrip can be made until after a land warrant has been issued from the Pension Office, or a certificate of scrip, as the case may be. 6. As there were some six months' volunteers, who did not march to the seat of war, it is indispensably necessary that every soldier who was so engaged should produce the certificate of the commanding officer of the regiment or company to which he belonged, showing that he was at the seat of war. The post to Ahich the soldier marched should be mentioned. A. STATE OF, COUNTY —S. On this day of, in the year one thousand eight hundred and, personally appeared before me, the undersigned, a justice of the peace for the county and above mentioned,, who,. being duly sworn according to law, declares that he is the identical who was a in the company commanded by Captain,in the regiment, commanded by; that he enlisted on the day of, for the term of, and was discharged. at on the day of, by reason of [Signed.] A** B***. Sworn to and subscribed before me, the day and year above written, C*" D***, J. P. [-LThe discharge of a soldier, if he has one, must in every case accompany the above affidavit. B. [Residence and date.] SIR: I request that my claim to bounty land, under the ninth section of the act of the 11th February, 1847, entitled "An act to raise for a limited time an additional military force, and for other purposes," may be examined; and if I am eltitled to land, I wish to relinquish, and do hereby relinquish, my right thereto, and in lieu thereof to receive a Treasury scrip for one hundred dollars, (or twenty-five dollars, as the case may be.), [Signed.] A** B***. In presence of, G** D***, J. P.. To the COMMISSIONER OF PENSIONS. 46 610 APPENDIX Illo C. It is hereby certified that satisfactory proof has been exhibited before the",for the county of, in the State of, by the affidavits of and, who are persons entitled to credit, that and are the only survivingt children of who was a in the United States service. In testimony whereof, I have set my hand and seal of office this day of,in the year of [L. s.j Cc** C**, of the court. Instructions and forms [supplementary to the foregoing] to be observed by persons applying to the Pension Office for bounty land, under the acts of February 11, 1847, and May 27, 1845, or for money in lieu of land under the act of March 3, 1849. PENSION OFFICE, October, 1849. Every person applying for bounty land, or money in lieu thereof, must send his discharge to the Pension Office, if he ever received one, and has it in his power to send it. If his discharge has been lost or destroyed, he must swear to the fact of its loss or destruction. If discharged on surgeon's certificate of disability, that certificate must be sent with the discharge, unless it has been otherwise disposed of; in which case, it must be shown how it has been disposed of. Volunteers in some cases have been discharged from the service without ever having received a certificate to that effect from the officer who discharged them. Su-ch cases have occurred where an entire regiment has been mustered out of the service. In such a case, the claimant must make the oath of identity required by the regulations, and add to the statement as to his service the following words: "I never received any discharge. The regiment to which I belonged- was mustered out of the service." In case the claimant should desire money instead of land, he must make his request in writing, according to the following form, and he must sign it, and the same must be witnessed by some one who writes a legible hand. JAMES L. EDWARDS. * The evidence may be taken before any officer authorized by law to administer an oath for general purposes. t If there be no children, and the father claims, the facts must be stated, and the form will be varied to suit the case; and if there be neither child nor father living, and the widow claims, the form will be so changed as to show the facts in the case. lD Under the act of May 27, 1848, brothers and sisters may claim, provided the soldier left neither father, mother, widow, nor child. The foregoing form will be varied to suit the case. If a father claims, he must prove by two credible and disinterested witnesses that he is the father, and that the soldier, his son, left neither widow nor child. If a mother claims, she must show that the soldier left neither father, widow, nor child. If a brother claims, he must prove that the soldier left neither father, mother, widow, child, nor sister, and that he is the only surviving brother. The evidence will be varied to suit the case, if more than one brother applies, or sisters and brothers, or a sister or sisters only. In every case it must be clearly shown that the persons who apply are the only heirs under the acts of February 11, 1847, and May 27, 1848. APPENDIX IIT 611 [Request for money.] [Residence, date, 1849.] SIR' I request that my claim to bounty land, under the ninth section of the act of the I Ith of February, 1847, entitled " An act to raise for a limited time an additional military force, and for other purposes," may be examined; and if I am entitled to land, I wish to relinquish, and do hereby relinquish, my right thereto, and in lieu thereof, to receive one hundred dollars, (or twenty-five dollars, as the case may be.) [Signed.] A* B ". In presence of, C** Da*, J. P. To the COiamNSSIONEER OV PENSIONS. No copy of a discharge, or any other paper, can be admitted as evidence, unless the original be on file in some public office; in which case a duly certified copy from the office where the original is on file must be produced. Every applicant for bounty land or scrip* must swear to a declaration, before an officer duly authorized to administer oaths for general purposes, according to the following form: [J. L. E.] Certificate of identity STATE oF rs county, On this day of, in the year one thousand eight hundred and, personally appeared before me, the undersigned, a justice of the peace for the county and above mentioned,, who, being duly sworn according to law, declares that he is the identical who was a in the company commanded by Captain, in the regiment, commanded by; that he enlisted on the day of for the term of, and was discharged at on the day of, by reason of [Signed] A" B**. Sworn to and subscribed before me, the day and year above written. C** D**, J. P. *The following description of persons are not entitled to land, or money in lieu thereof; 1. Those who are discharged for disability not incurred while in the service. 2. Those volunteers who did not march to the seat of war. 3. Those who deserted. 4. Those who were not honorably discharged. 5. Those who were discharged at their own request. 6. Rejected recruits, or persons who were not fit for service when they enlisted. CLAIMs BY HEIRS OR REPRESENTATIVES.-The representatives of deceased soldiers, who may apply for land or money, must state in what regiment and company the deceased served, and when and where he died. If he died after he left the service, the soldier's discharge must be sent to the Pension Office, if in the power of the claimant to do so. If lost or destroyed, the fact must be established by an affidavit. If the deceased left a widow and children, or child, they are jointly entitled to land; if a widow and no child, or a child or children and no widow, or the child or children, as the case may be, will be entitled to the land warrant. If he left neither wife nor child, the father, if living, will be entitled. If he left neither widow, child, nor father, the mother, if living, will be entitled. If he left neither wife, child, father, or mother, the brothers and sisters, whether of the whole or half blood, will be jointly entitled, or the sole brother or sister, if there be but one. If he left neither widow nor child, father nor mother, brother nor sister, then no person is entitled to land, as his representative. In all cases of an application by the widow, or widow and children, the widow must make a declaration under oath, stating her name before her marriage to the deceased, the time and place of her marriage, and by whom she was married to the deceased, with the time and place of the husband's death, according to the best information she has on the subject. 612 APPENDIX III Form of widow's declaration.s STATE OF c of makes oath and says that she is the widow of, decevsed, who was -a in company, of the regiment during the late war with Mexico;that the said died at, on or about the day of, A. D. 184, as she verily believes. She further states that she was married to the said, in on the day of, in the year eighteen hundred and,by one, a, and that her name before her said marriage was, and that there are -, children of the said now living, whose names are as follows: [Here state the names; or, if there are no children, state that the deceased left no child or children,] who are the only surviving children of the said deceased. [Signedj A** B's'**. Sworn to and subscribed before me, on this day of 18 CIA D*'*, J. P. *This declaration of the widow must be accompanied by satisfactory proof of the marriage, and of all other facts necessary to establish the claim. If married in any State or county where any public records of marriages are kept, the marriage should be proved by a duly certified copy of the record, or by the testimony of credible witn.sses who were present at the marriage; and where such testimony exists, and is not produced, satisfactory reasons must be stated, under oath, why it is not produced; and in all cases where record evidence or the testimony of witnesses who were present at the marriage could be procured and is not, the claim will be rejected, unless other testimony of a very full and satisfactory character is produced. If it is shown, by affidavit, that no record evidence or testimony of eye-witnesses can be procured, the claiman't may then produce the best other evidence in her power, such as the testimony of witnesses who were acquainted with her and her husband during his lifetime, knew them to live together as manl and wife, and that'they were reputed so to be, and that the fact of their having been married was never called in question by their acquaintances. [Lv In no case, however, will the mere statement of the witnesses, that the claimant is the widow of the deceased, be taken as evidence of the marriage; but the witnesses must state the facts and circumstances from which they derive their knowledge or opinion that she is the widow of the deceased. A certificate from the clergyman or magistrate who solemnized the marriage is not competent evidence, unless, the genuineness of the certificate be proved, and the person who gave it be shown to have been authorized to solemnize marriages. If the claim be filed on behalf of a child or children, father, mother, brother, or sister, or brothers and sisters, the above form should be varied according to the facts of the case; and in every case the facts necessary to establish the claim must be proved by two witnesses, certified by the magistrate, before whom the testimony is taken, to be credible witnesses, and who must also swear that they are disinterested. In case of a claim by a child, or children, it must be proved that the deceased left no widow, and no other child save those named in the application. In case of a claim by the father, it must be proved that no widow or child of the deceased is living. In case of a claim by the mother, it must be proved that there is no widow, child, or father living. In case of a claim by a brother or sister, or brothers and sisters, it must be proved that there are neither widow, child, father, or mother of the deceased living, nor any other brother or sister save those named in the application. All affidavits must be subscribed by the witnesses, and certified by the justice of the peace or other officer before whom the testimony is taken. The officer must also certify that the witnesses are credible persons. [[I The official character and signature of the magistrate who may administer the oath must be certified by the proper officer, under, his seal of office. Such a certificate must accompany every case. The clerk of the court, prothonotary, or other,officer, who may certify, must affix his official seal if he has one, and if it has no APPENDIX III. 6 13 Notice, to claimant or agent, of certificate or warrant for bounty land. PENSION OFFICEJ —,, -- SIR: You are hereby notified that your claim under the 9th section of the act of February 11th, 1847, allowing bounty land or scrip, at the option of the claimant, has been allowed, and the Commissioner of the General Land Office has been duly notified thereof. He will give you further information on the subject in due time. To M lr. -. Commissioner of Pensions. Rules to be observed in the location of land warrants for military service in the war with Mexico, provided by the act of February, 11, 1847, and the explanatory act of May 27, 1848. GENERAL LAND OFFICE, October, 1847. 1. Special care must be taken not to interfere with a tract of lalnd to which there may be a right of pre-emption, or upon which there shall be an rani actual settlement and cultivation, whether the occupant be entitled to the right of pre-emption or not. 2. Soldiers may locate their warrants on lands to which they may be entitled to a pre-emption in their own right; whether such lands have been offered at public sale or not; but the assignees device or inscription by which it can be distinguished from any other seal, -or if he has no public seal of office, the certificate of a member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate. No affidavit taken before a notary public can be admitted as evidence, except in New Hampshire, Connecticut, Virgi;nia, South Carolina, Wisconsin, and Indiana, in which States laws have passed giving such officers p'ower to administer oaths for general purposes. In some cases a claimant may, for reasons best known to himself, wish to change the direction he has first given in relation to the transmission of his land or money certificate. In such cases the claimant must swear that he belonged to a particular regiment and company, and was discharged; and he must also produce the atlidavit of some respectable person as to his identity. Applicants for land, for pension, and for monthly pay, must be made entirely distinct from each other. The affidavits or other papers must be written on separate sheets, andl put under separate envelopes. Original claims must be kept entirely separate from all other papers. A departure;from this rule will greatly retard the investigation of the claims. In writing to the Pension Office, each particular case or subject requires a separate letter. Lists of names accompanying claims are an exception to this rule. Every one who sends claims should write a letter containing the claimants' names, and let it accompany the papers. The christian name of the soldier must in all cases be written in full. A deviation from this rule cannot be sanctioned. It is important that the land warrant should contain the name of the soldier in full. As there were some six months' volunteers who did not march to the seat of war, it is indispensably necessary that every soldier who was so engaged should produce the certificate of the commanding officer of the regiment or company to which he belonged, showing that he was at the seat of war. The post to which the soldier marched should be mentioned. No assignment of land, or money in lieu of land, can be made until after a land warrant has been issued fiom the Pension Office, or a certificate for the money, as the case may be. 614 APPENDIX III. of such warrants can only locate them on lands subject to " private entry," at the minimum price of $1 25 per acre. 3. The soldier, his widow, or heirs, holding a warrant in his, her, or their own right, may locate the same on any legal subdivision of public land, subject to "private entry," where the minimrum price exceeds $1 25 per acre, by reckoning the warrant at $ ] 25 per acre, for the number of acres therein specified, and paying the excess in money.-See act of Congress of August 14, 1848. 4. Any legal subdivision may be located by a warrant either in the. same or different sections and townships, provided the several tracts " are contirZuous, or separated only by a line, and make a compact form in one body.,' 5. The affidavit required of the locator of a warrant, showing that the land is vacant, may be made either by himself, or by any disinterested credible witness, to the satisfaction of the register and receiver of the local land office. To prevent interference with the rights of persons entitled to the right -of pre-emption, or claiming by settlement and cultivation only, the party applying to locate the warrant, will be required to file an affidavit, substantially in the following form: I,-,,being desirous of locating the, in township No. -, in the district of lands subject to sale at, with the within warrant No. -, do solemnly swear (or affirm) that from my own knowledge of the fact, after actual inspection of th. said tract of land, on or about the --- day of --, there was not, at that time, an actual settlement and cultivation upon any part of said land, nor was there any person or persons residing upon it; and I do verily believe that there is no actual settlement and cultivation, or any person or persons residing upon any part of said land at this time. A** B***. Subscribed and sworn to before me, this day of -18-. C* Dar, J. P. The register of the land office at which the location is desired to be made will thereupon note on this document (in ink) the date when the same is received at his office, and indicate thereon (in pencil) the tract of land desired to be located, and make a corresponding annotation (in pencil) on the tract book and township map, and so soon as it shall have been determined that the desired location can be admitted, the register will make the appropriate entry permanently (in ink) on the tract book and map. The register will also examine the assignments (if any) and see that they have been made substantially in accordance with the following form, to wit: For value received I, (or we) —-, do hereby sell and assign unto ----- all my (or our) right and title to the within certificate or warrant, No. —--—, foracres of land. Witness my hand this - - day of ------ 18 [Signed.] An* B***. Acknowledged before me, this --- day of,18. CC* D***, J. P. I also certify that the date of this my certificate to the foregoing assignment, was filled up by me on the day on which the same was acknowledged before me in my othicial capacity as aforesaid. Attest: E. F., Notary Public, or J. P. If the assignment be acknowledged before any person not using APPENDIX III. 615 a seal, it must be accompaniad by a certificate, under seal from the proper officer, as to the official character of the person before whom the assignment may have been acknowledged. Should the assignment be made by an attorney for the warrantee, the power of attorney under which he acts must accompany the assignment; and, to avoid suspicion, the assignment should in all cases, when practicable, be made on the back of the warrant. Justices of the peace and notaries public are specially requested, in certifying to the acknowledgments of soldiers, either to powers of attorney, or assignments of warrants, to fill up the dates on the days on which such instruments are executed; as such blanks left by them to be filled up after the emanation of the warrant, is improper on the part of such officer, and in fraud of the act of Congress upon that subject; as a matter of precaution, I also suggest, that whenever the soldier is unknown to the justice or notary, proof, or oath of identity, should in all cases be required. J. BUTTERFIELD, Commissioner of the General Land Office. Certificate required by the General Land Office of the warrantee on his application at a land office to locate his warrant, with the register and receiver's certificate of location. LAND WARRANT CERTIFICATE, NO. [1.] REGISTER AND RECEIVER'S NO. [30.] I, [James Johnson,] being desirous of locating the [northeast] quarter of section No. [thirty-one] in township No. [twelve north,] of range No. [twelve west,] in the district of lands subject to sale at the land office at [Edwardsville, Illinois,] with the attached military land warrant certificate, No. [1,] issued under the provisions of the ninth section of the act of Con gress, approved February 11th, 1847, do solemnly [swear] that from my own knowledge of the fact, after actual inspection of the.aid tract of land, on or about the [first] day of [September,] A. D. [1850,] there was not at that time an actual settlement and cultivation upon any part of said land, nor was there any person or persons residing upon it; and I do verily believe that there is no actual settlement and cultivation, or any person or persons residing upon any part of said land at this time. [JAMES JOHNSON.] Subscribed and sworn to before me, this [15th day of September, A. D. 1850.] [A. NORTICROSS,] Register of Land Office. I request my patent to be sent to [Whitehall, Greene county, Illinois. JAMES JOHNSON.] Location of military bounty land warrant No. 1, in pursuance of application with the above affidavit of the warrantee. LAND WARRANT, NO. 1. REGISTER AND RECEIVER'S NO. 30. LAND OFFICE, ERWARDSVILLE, ILLINOIS, September 15, 1850. We hereby certify, that the attached military bounty land warrant, No. 1, was on this day received at this office, from James Johnson, of Greene county, State of Illinois. A. NORTHCROSS, Register. JAMES RICHARDS, Receiver. I, James Johnson, of Greene county, State of Illinois, hereby locate the northeast quarter of section No. thirty-one, in township No. twelve north, of range No. twelve west, in the district of lands subject to sale at the land office at Edwardsville, Illinois, containing one hundred and sixty acres, in satisfaction of the attached warrant numbered 1, Witness my hand this fifteenth day of September, A. D. 1850. Attest: JAMES - JOHNSON, A. NORTHCROSS, Register. JAMES RICHARDS, Receiver. 616 APPENDIX Ill. LAND OFFICE, EDWARDSVILLE, ILLINOIS, September 15, 1850. We hereby certify, that the above location is correct, being in accordance with law and instructions. A. NORTHCROSS, Register. JAMES RICHARDS, ]Receiver. Land warrant No. 1, as above located. DEPARTMENT OF THE INTERIOR, Office of the Commissioner of Pensions. It is- hereby certified, that the land warrant No. 1-160 acres, has been issued in the name of James Johnson, late a private in Captain Thomas Montgomery's company of the second regiment of Illinois volunteers, under date of June 30th, 1850, and will be deposited in the General Land Office, at the Seat of Government; and that pursuant to the provisions of the subjoined 9th section of the act of Congress, approved on the 1 1th day of February, 1847, entitled " An act to raise for a limited time an addltional military force, and for other purposes," this certificate of right to locate said warrant on any quarter of land subject to private entry, will be received at any of the land offices of the United States, under the regulations and restrictions set forth in the accompanying statement of the Commissioner of the General Land Office. After the location of this certificate, it is to be surrendered to the General Land Office, whence the patent will issue. Given under my hand, at the Pension Office, this 30th day of June, 1850. To Mr.. Commissioner of Pensions. Notice, to claimant or agent, of certificate issued for money instead of land. PENSION OFFICE,, 18-. SIR: You are hereby notified that your claim under the 9th section of the act of February 11, 1847, allowing bounty land, or money in lieu thereof, under the act of the 3d March, 1849, at the option of the claimant, has been allowed, and the Secretary of the Treasury has been duly notified thereof. For any further information on the subject you will apply to him. _-_ To Mr. -. Commissioner of Pensions. Certificate of mon y in lieu of land. No. Pursuant to the 9th section of the act of Congress passed on the 1 1th February, 1847, entitled " An act to raise for a limited time an additional military force, and for other purposes," (Here insert the nane of the party in whose favor the certificate issues.) late a, in the company commanded by Captain of the regiment of is entitled to acres of land but as the claimant prefers money in lieu of land, this certificate for dollars is issued to the end that the Secretary of the Treasury may satisfy the claim,in conformity with the provisions of said act of the 3d of March, 1849. Given at the Department of the Interior, this day of one thousand eight-hundred and Secretary of the Interior. Examined and countersigned: Commissioner of Pensions. Form inclosing the certificate to the Secretary of the Treasury. PENSION OFFICE, -, 1-. SIR: I enclose herewith certificate' for $ in lieu of lanid in the following case: (Insert the name or names.) P A, of (vame the place,) is the agent who sent to this office the papers in support of the claim., -_ —To the SECRETARY OF THE TREASURY. Commissioner of Pensions. APPENDIX III. 61 7 [If, upon examination, the applications for bounty land under the act of 11th February, 1847, proves defective, the parties are notified of the same, as follows, before the above recited forms call be consummated.] PENSION OFFICE, 18-. SIR: The papers in support of the claim of - to bounty land, under the act of 11th February, 1847, have been examined and filed. These papers are defective, and further proof is wanted. The Department requires satisfactory answers to the inquiries contained in this sheet, which must be sworn to, by persons who are acquainted with the facts, before a magistrate duly qualified to administer oaths. The official character and signature of the magistrate must be certified by the proper officer, under his seal of' office; and the magistrate, who may administer the oaths, must certify that the witnesses are persons in whose statements entire confidence may be reposed. The question must be written at length, and the answer must follow each question in the order in which it is propounded. LJ L. E.] DEPARTMENT OF THE INTERIOR, September 5, 1849. Sir: In view of the many frauds attempted to be practised upon the Pension Office, by persons claiming the benefit of the act of 11th February, 1847, 1 have to recommend the adoption, by you, of a rule, in addition' to those already adopted, requiring that the witnesses should answer the following questions: Were you acquainted with A B? Where, when, and how long did you know him? In what town, county, State, or country? What was his age, his complexion, and the color of his hair and eyes? What was his trade or occupation? With whom was he living? Did you know his palrents, or either of them? Where did they reside? In whose house? And in what town, county, and State, or country? Are his parents living or dead? If dead, when and where did they die? How do you know of their death? Had he brothers or sisters? "How -many, -and what were their names? Are they living or dead? And if dead, when and where did they die, and how do you know of their death? Was he married or single? If married, when, where, and by whom? What was the name of his wife before marriage? Is she living or dead? Where:did he live when he enlisted or volunteered? Where has she been living since? Was he of foreign or native birth? If a foreigner, when, and from what place, did he emigrate? Who came with him? At what port did he land? 618 APPENDIX III. It is not expected that any one witness should be able to answer all these questions; but enough should appear upon theface of the affidavit to show that the witness is really acquainted with the circumstances and family of the deceased, and to render it imnprobable that the witness is prevaricating. Answers to these or similar questions should be required in all cases where the identity of the claimant is to be established. T. EWING1, Secretary. COMMa ISIONER OF PENSIONS. Request to Adjutant General's Office for verification of service by the rolls. PENSION OFFICE, -, 18-. SIR: I have the honor to enclose you the papers of the undermentioned claimants under the act of 11th February, 1847, setting forth their respective services, and to request that you will be good enough to state, upon the papers, in each case, when and for what term claimant enlisted; when, where, and how discharged-and if discharged for disability before the expiration of enlistment, to certify any evidence your rolls afford, that the disability arose "firom wounrids received or sickness incurred in the course of the service." Commissioner of Pensions. NFA3MES. NAIES. Further notice to claimants, &c., of defective papers. PENSION OFFICE,,18-. SIR: The evidence in support of the claims for bounty land, under the act of February 11, 1847, of the persons mentioned below, is defective. By comparing the papers, in each case, with the note contained in the number set opposite to the claimant's name, the objections will be discovered, and the necessary directions for supplying the deficiencies in the proof will be found. You will, when the evidence required shall have been prepared for transmission to this office, write on the back of the papers, in each'case, the number of the note, and say that the defects are supplied, and refer to the new proof presented, thus: "Papers of A B, which were defective, returned. See note No. —. Evidence now supplied: see paper marked with the claimant's name, and the words'Additional Proof,' thereto annexed.".-. - Commissioner of Pensions. NAMES. NO. WAXES. N NO. [39.] BOUNTY LAND UNDER TEE ACT OF SEPTEMBER 28, 1850. Instructions and forms to be-observed by persons applying to the Pension Office for bounty land, under the act of September 28th, 1850, entitled " An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States." PENSION OFFICE, October, 1850. In every application for the benefit of the act aforesaid, whether made by the surviving officer or soldier himself or by his widow APPENDIX III. 619 or minor child or children, a declaration, under oathl must be made as nearly according to the following forms as the nature of the case wvill admit. Such declaration, and all affidavits, must be sworn to before some justice of the peace or other officer authorized to administer oaths for general purposes, who must certify the same. The official character and signature of the magistrate who may administer the oath, must he certified by the clerk of the proper court of record of his county, under the seal of the court. Such certificate must accompany every case. In every instance where the certificate of the certifying officer who authenticates the paper, is not written on the same sheet of paper which contains the affidavit or other papers authenticated, the certifica'-e must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the official seal, so as to prevent any paper from being improperly attached to the certificate. The third section, in express terms, only provides for the location of a warrant under the law. Thus the right to locate not being given to an assignee, the Department may well say that no assignments made prior to location wvill be recognized. The fourth section declares all sales, &c., going to affect the title to any land granted, or to be granted, "prior to the issue," shall be null and void, and expressly declares " that the land located shall not be charged with or subject to any debt or claim "incurred prior to the issuing of the patent." It thus appears clear that it was the intention of Congress that the claim of the soldier or his heirs should continue free from every lind of incumbrance until after the issue of the patent, and thus relieve the Department from all the evils growing out of conflicting claims under alleged assignments. The object of the law is to confer the right to the land itself on the warrantee or his heirs. After that purpose is effected, it is of course competent for the grantee to dispose of it as he may think proper. [Form of a declaration to be made by the surviving officer or soldier for bounty land, under the act of 28th September, 1850.] STATE OF County of On this day of, in the year one thousand eight hundred and, personally appeared before me, a justice of the peace, (or other officer authorized to administer oaths for general purposes,) within the county and State aforesaid,, aged years, a resident of in the State of, who, being duly sworn according to law, declares that he is the identical who was a in the company* commanded by Captain in the regiment of commanded by in the war with Great Britain declared by the United States on the 18th day of June, 1812, (or other war embraced in said act, describing what war:) that he enlisted (or volunteered, or was drafted) at, on or about * If the claimant was a regimental or staff officer, the declaration must be varied according to the facts of the case. 620 APPENDIX III. the day of, in the year, for the term of,and was honorably discharged at on the day of, in the year, as will appear by his original certificate of discharge herewith presented,* or by the muster rolls of said company. He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the " act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States," passed September 28th, 1850. [Signed..] -A B*.1 Sworn to and subscribed, before me, the day and year above written. And I hereby certify that I believe the said to be the identical man who served as aforesaid, and that he is of the age above stated. C** D *, J. P. [Form of a declaration to be made by the widow of a deceased officer or soldier for bounty land under the act of 28th September, 1850.] STATE OF county, ss: On this day of, in the year one thousand eight hundred and, personally appeared before me, a justice of the peace, (or other officer authorized to administer oathsfor general purposes,) within and for the county and State aforesaid,, aged years, a resident of, in the State of, who, being sworn according to law, declares that she is the widow of, deceased, who was a in the company commanded by Captain in the regiment of commanded by in the war with Great Britain declared by the United States on the 18th day of June, 1812, (or other war, as the case may be:) that her said husband enlisted (or volunteered or was drafted) at on or about the day of, in the year, for the term of and continued in actual service in said war for the term of, and was honorably discharged at on the day of in the year, as will appear by his original certificate of discharge herewith presentedt She further states that she was married to the said in on the day of, in the year, by one,a, and that her name before her said marriage was that her said husband died at, on the day of, in the year, and that she is still a widow. She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the " act passed September 28th, 1850." [Signed] A" B*'. Sworn to and subscribed, before me, the day and year above written. CO* D**', J. P. * If the discharge has been lost or destroyed, the words in italics will be omitted, and the facts in relation to the loss of the discharge stated in lieu thereof. If the claimant never received a written discharge, or if discharged in consequence of disability, or if he was in captivity with the enemy, he must vary his declaration so as to set forth the facts of the case. f The notes to the preceding declaration are also applicable to this. In some cases it will, perhaps, be impossible for the widow to state the facts in relation to her husband's services with the particularity as to dates, &c., indicated by the above form. In such case she must set forth the facts with as much accuracy as possible. It will be indispensable for her to state the company and regiment in which he served. If her husband was killed in battle, that fact must be set forth in the declaration. This declaration must'be accompanied by satisfactory proof of the marriage, and of the husband's death. If there is any public record of the marriage, a duly certified copy of such record should be forwarded if possible. If there is no public record of the marriage, but a private or family record, such family record, or a certified copy of the same, should be forwarded, with the affidavit of some disinterested person, proving the genuineness of the original, and that the copy certified is a true and correct copy of it. If no public or private record of the marriage exists, or can be procured, that APPENDIX IIl.!21 Application by Minor Children. If any officer or soldier, who would be entitled to bounty land under said act if living, has died leaving no widow who still survives him, but leaving a child or children under the age of majority at the time of the passage of said act, such minor child or children are entitled to the same quantity of land that the father would be entitled to if living. In such case the guardian of such minor child or children must make a declarations as nearly corresponding with the foregoing forms as the nature of the case will admit. He must state the time of the father's death; the fact that no widow survives him; and must state the name or names, and age or ages of his surviving minor child or children. This declaration must be accompanied by satisfactory proof of the f ther's death, that no widow survives him, the ages of the minor children, and' his own appointment, by competent authority, as guardian. If there is any family record showing the ages of the children, it, or a certified copy of the same, should be forwarded, with the affidavit of some disinterested person, proving the genuineness of the original, and that the copy certified is a true and correct copy of it. Course of action on claims. [On the reception of claims for bounty land under the act of 28th September, 1850, (at an average of 500 a day at the commencement,) they are acknowledged by a printed letter addressed to the claimant, or agent, by whom they may have been transmitted, as follows. They are then numberecd, date of reception noted, indorsed and registered, and then compared with the rolls, at convenience, and filed away. When they are taken up for examination, if any defect in the evidence be discovered, the case in question is suspended, and the claimant or agent is apprised of it by one of the subjoined notices, as it may suit the case in point; or, if there be any defe'..t mt re peculiar, a special letter is written in explanation of the difficulty opposing further action until the additional evidence called for be transmitted. When tle claims are allowed, they are sent to the warrant clerks, who, as soon as the warrants are made out, send them to to the office of the Secretary of the Interior, to be " stamped;" they are then returned to the Commissioner of Pensions to be signed by him. Then the warrants return to the hands of' the warrant clerks again, who, without any other notification, transmit them by mail to the claimant or agent in the case; and the office transmits, daily, to the Commissioner of the General Land Office, " abstracts of these issues," of fifty on a sheet.-(See form appended.) When the claimant or agent receives his warrant, he transmits it to the register and receiver of a local land office for location. This being done, the register and receiver transmit to the General Land Office, as vouchers, the warrant for patenting, with their certificate of its reception and location, as per form of warrant and certificates hereto appended. A copy of the circular instlluctions from the Commissioner of the General Land Office to registers and receivers for their government in the location of military bounty land, with four forms relating thereto, are also added as a suitable conclusion to these details.-Editors.] PENSION OFFrCE, - —, 185-. SIR: The claim of (A B, presented by), for bounty land, under the act of September 28, 1850, has been received, and will be attended to as soon as practicable, of which you will be duly informed. It 1s therefore respectfully requested that every applicant will wait a reasonable time before making application to know what has been done in relation to his or her claim. JAMLES E. HEATH, [To claimant or agent.] Commissioner. fact should be set forth in the declaration; and in such case, other evidence, such as the testimony of persons who knew the parties in the life-time of the husband, and knew them to live together as husband and wife, and to be so reputed, will be admissible. [Iy In no case, however, will the mere statement of witnesses that the claimlant is the widow of the deceased be taken as evidence of the marriage; but the witnesses must state the facts and circumstances firom which they derive their knowledge or opinion that she is the widow of the deceased. A certificate from the clergyman or magistrate, who solemnized the marriage, is not competent evidence, unless the genuineness of the certificate be proved, and the person who gave it be shown to have been authorized to solemnize the marriage. * [ It would, as we apprehend, have been more satiafactory to have prescribed the form for a guardian, as well as for the soldier and the widow.-Eds.] 622 APPENDIX II1. [Claim suspended because the rolls are silent as to the service claimed, and this circular is sent to the claimant or agent for other evidence.] (No. 1.) PENSION OFFICE, 185-. SIR: The application of for land bounty under act of 28th September, 1850, has been examined and suspended. In that application it is stated that he served The Auditor reports that his name is not found on the rolls, and it is therefore necessary, in the absence of an authentic discharge, that his service be established by the positive testimony of at least two officers or soldiers with whom he served, and whose names may be found on the rolls, or who have obtained warrants for like service. In the latter case the number and amount of each warrant must be given. J. E. HEATH, Commissioner. [Claim suspended, and this circular sent to the claimant or agent for other evidence, because the service claimed is short by the rolls. (NO. 2.) PENSION OFFICE, -, 185-. SIR: The application of for bounty land under act of 28th September, 1850, filed by you,has been examined and suspended. He claims service in Captain company of sufficient to entitle him to acres, The Auditor reports that the rolls show that he served, a period that would only entitle him to acres. Before a warrant for a greater amount can issue, it is necessary, in the absence of an authentic discharge, that his service be established by the positive testimony of at least two officers or soldiers with whom he served, and whose names may be fbund on the rolls, or who have obtained warrants for like service. In the latter case the number and amount of each warrant must be given. J. E. HEATH, Commissioner. [Widow's claim suspended, and this circular sent to claimant or agent, on account of defective evidence.] (NO. 3.) PENSION OFFICE, -, 185-. SIR: The application of widow of for land bounty under the act of 28th September, 1850, has been examined and suspended. Before it can be allowed, a copy of the public or private record of her marriage, must be adduced, with a certificate of its correctness, and of the genuineness of the original. If there is no such record of this event, she must furnish an affidavit to that effect, and adduce the positive testimony of persons certified to be credible and disinterested, fully proving it. If the marriage is proved by the person who solemnized it, his authority to act in the premises must be produced. Parol testimony of the marriage of the parties will not be considered till the absence of record proof of the fact is accounted for. In all cases where the testimony is taken before a magistrate, his official character must be certified by the clerk of the proper court, under seal. J. E. HEATH, Commissioner. [Claim suspended, and this circular sent-to claimant or agent, because his discharge does not accompany his declaration, and its absence not accounted for.] (No. 4.) PENSION OFFICE, -, 185-. SIR: The regulations of this office require, that in every case of application for land bounty, under the act of September 28, 1850, the original certificate of discharge be presented and filed with the claimant's declaration. If lost or destroyed, or if the claimant never received a written discharge, or if discharged in consequence of disability, or if he was in captivity with the enemy, the facts must be stated, verified, and authenticated, as in the case of the declaration. The discharge of not having been received, nor its absence satisfactorily accounted for in his declaration, filed by, a further examination of his claim is necessarily suspended until the regulations referred to above are complied with. J. E. HEATH, Commissioner. APPENDIX III. 623 [Claim suspended, and this circular sent to claimant or agent, for other evidence of service, there being no rolls.] (No. 5.) PENSION OFFICE, --, 185-. SIR: The application of claiming land bounty under the act of 28th September, 1850, for service in Captain company of has been duly examined. Of that company no rolls can be found on file, and it is therefore necessary, in the absence of an authentic discharge, that his service be established by the positive testimony of at least two officers or soldiers who were in the same service, and whose names may be found on the rolls of some other company for the same period, or who have received land warrants under the act aforesaid. In the latter case the number and amount of each warrant must be stated. J. E. HEATH, Commissioner. [Bounty Land Warrant under the act of 28th September, 1850.] UNITED STATES OF AMERICA. 40. DEPARTMENT OF THE INTERIOR. 40. Office of the Comnissioner of Pensions. It is hereby certified that, under the act of September 28th, 1850, entitled" An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States," David Trickry, private in Captain Horton's company, Lieutenant Colonel Smith's regiment, New York militia, war 1812, is entitled to locate forty acres at any land office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands subject to entry at private sale. Given under my hand, and the seal of the Department, this 29th day of March, 1851. No. 3738. J. E. HEATH, Commzssioner. NOTE.-You can locate this certificate at any of the land offices, or it will be located for you by the General Land Office on the return of it, with your request to that effect endorsed thereon, specifying the State and land district in which you wish the location made. If you locate it, fill up and sign the following application: To the Register of the land office at --, 18 Locate this certificate in the N. E. of S. W. quarter of section 25, in township 86, of range 3 E., ot 5 P. M. DAVID TRICKRY. Attest, - - -, Register, Witness, PETER BALL. [Certificate of the reception and location of a warrant for bounty land.].M3ilitary Bounty Land Act of 28th September, 1850. LAND WARRANT No. 3738. REGISTER AND RECEIVER'S No. 133. LAND OFFICE, DUBUQUE, June 16, 1850. We hereby certify that the attached military bounty land warrant, No. 3738, was on this day received at this office, from David Trickry, of Orange county, State of New York. TH. McKNIGHT, Register. M. MOBLEY, Receiver. I, David Trickry, of Orange county, State of New York, hereby apply to locate, and do locate, the northeast quarter of southwest quarter of section No. 25, in township No. 86 north, of range No. 3 east, in the district of lands subject to sale at the land office at Dubuque, containing 40 acres, in satisfaction of the attached warrant numbered 3738, issued under the act of 28th September, 1850. Witness my hand this 16th day of June, A. D. 1850. DAVID TRICKRY, Attest: By WM. T. WYNKOOP, Attorney.'TH. McKNIGHT, Register. M. MOBLEY, Receiver. LAND OFFICE, DUBUQUE, June 16, 1850. We hereby certify, that the above location is correct, being in accordance with law and instructions. M. MOBLEY, Receiver. TH. McKNIGHT, Register. 624 APPENDIX III. PENSION OFFICE, —, 185-. Abstract of - warrants issued under the act entitled "An act granting bounty lands, &c., approved 28th September, 1850. No. Date. Name of Warrantee. Grade. Captain's Name. Service. War. J. E. HEATH, Commissioner of Pensions. To J. BUTTERFIELD, Commissioner of the General Land Office.,[Circular to Registers and Receivers for their government in locating Military Bounty Land, under the act of September 28, 1850.] GENERAL LAND OFFICE, iMarch 31, 1851. GENTLEMEN: By an act of 28th September, 1850, granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States, the warrantees, or their heirs at law, are authorized to locate the land to which they are entitled, at any land office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands in such district subject to private entry on the 3d of March, 1851. It is also provided, that no land warrant issued under the provisions of this act shall be laid upon any land of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation, except with the consent of such settler, to be satisfactorily proven to the proper land officer. Further, it is made the duty of the Commrtissioner of this office, under such regulations as may be prescribed by the Secretary of the Interior, to cause to be located, free of expense, any warrant which the holder may transmit to this office for that purpose, in such State and lan(" district as the holder or warrantee may designate, and upon good farming land, so far as the same can be ascertained from the maps, plats, and field notes of the surveyor, or from any other information in the possession of the local office. Under this.law the warrantees or their heirs-at-law can locate the quantity to which they are entitled, in conformity to the legal subdivisions, including forty acre tracts, on any land which was subject to entry at private sale on the 3d of March, 1851. They cannot take tracts cornering on each other, nor can they be permitted to select a series of small fractions on a water course, Indian boundary, &c., as the law requires that the location shall be in one body-that is, in a compact form. When application is made to locate these warrants by the warrantee, the applicant should make oath that he is the person specified in the warrant before the location is permitted. When such application is made by an attorney of a warrantee, the power of attorney, duly authenticated, must be filed with the application; and when by guardian of the minors, who are warrantees, the letters of guardianship, authenticated by the proper court, must in like manner be filed. APPENDIX III. 625 When the warrantee has died after the issuing of the warrant,. and before it is located, proof of that fact must be adduced; and if he died intestate, proofs of heirship should be required, which proof must consist of the certificate of a court having probate jurisdiction, issued under the seal of said court, stating the time of the death of the warrantee, and the name of each and every of his heirs at law, designating which of said heirs are minors or femme coverts. Where a will is left, a duly certified copy of it, with letters of probate, must be presented, and in either case full authority should be given by the heirs or devisees, if adults, or by their guardians, if minors, to the proposed location. The same rules will be observed by persons making application to this or your office by letter for locations. In order that the liberal views of Congress in passing this law may be carried out, and every expense to the warrantees be avoided in obtaining the benefit granted by the gratitude of their country for faithful and patriotic service, and at the same time to secure to the hardy and enterprising settlers on the public lands the fruits of their industry and privations, the Secretary of the Interior has directed: That all settlers on public lands, subject to entry at private'sale, be requested by public notice to come forward and file their declaratory statements, within thirty days after making their settlements and improvements, as required by the pre-emption act of the 4th September, 1841, so as to secure their pre-emption rights, and prevent interference by the location of these warrantsAnd that all warrants may be located upon the land applied for when subject to private entry without an affidavit as to whether said land is improved, and after having been so located said warrants shall remain in the hands of the land officers at least forty days — If at the end of that time there is no interference by those locations with pre-emption claims the warrants should be returned to this office for patenting — You will therefore endorse on each warrant the date when, and the tracts on which application is made to locate it, and make a similar note on the plat and in your tract-book in pencilIf there is no interference within the time above mentioned you will make those notes in ink, but if there is, you will make a new location of the warrant as-hereafter directed. When warrantees apply to locate the improvements of others they must produce the written assent of the owners of such improvements, and evidence satisfactory to you that such owner is the party thus assenting. Warrantees can locate their own improvements, and where such warrantees are entitled to pre-emption they can locate their warrants on their own pre-emption rights, after proving up their pre-emptions to the satisfaction of the land officers where the 47 626 APPENDIX: III land has been proclaimed and offered at public sale, prior to the 3d March, 1851. In such cases where the minimum price is more than $1 25 per acre, the warrantee can pay up in cash the difference between the cost of the land and the amount covered by the warrant, estimating the warrant at 81 25 per acre. When the tracts applied for contain more than the quantity expressed in the warrant the warrantee can pay for the excess at the minimum price under the instructions heretofore issued in relation to Mexican warrants in such cases. When the tract or tracts applied for, contain a less number of acres thali is specified in the warrant, they must be taken in full satisfaction of the warrant. At the end of each month you will prepare an abstract of all locations which have remained on hand as above directed, according to the accompanying form, and transmit it with the warrants and accompanying papers to this office. In all cases where application is made to this office to locate these warrants they will be transmitted to you, and you will locate them on good farming land as shown by the descriptive notes, and in every thing conform to the foregoing instructions. Herewith you will receive the form of a notice, which you will cause to be published once a week for six weeks, in two of the newspapers of most extensive circulation in your district. Each of these papers will be allowed $ for this publication for the period mentioned. When the service is completed they should send their accounts therefor to this office, with the first and last numbers of the paper containing the publication, and they will be paid by an order on the nearest disbursing agent of the Government. By a clause in the 1st section of the act making appropriations for the support of the Government for the fiscal year ending 30th June, 1852, approved 3d March, 1851, it is enacted, that no warrant for bounty land issued under the act of 28th September, 1850, or by virtue of any other act of Congress, shall be located on any land which had not theretofore been brought into market, and then subject to private entry, so that no land can be located under the Bounty Land Law of 28th September, 1850, or any other law granting bounty land, except that which had been proclaimed and offered for sale prior to the 3d of March, 1851. J. BUTTERFIELD, Commissioner. Register and Receiver at.. Military Bounty Land-Pre-emption Rights. GENERAL LAND OFFICE, March 31, 1851. In order that the liberal views of Congress, in passing the act of 28th September, 1850, granting bounty land to certain officers and soldiers who have been engaged in the military service of APPIENDIX III. 627 the United States, may be carried out, and every expense to the warrantees be avoided as far as possible in obtaining the benefits granted by the gratitude of their country for faithful and patriotic services, and at the same time to secure to the hardy and enterprising settlers on the public lands the fruits of their industry and privations, the Secretary of the Interior has directed: That public notice be given to all settlers on public lands subject to private entry to come forward and file their declaratory statements within thirty days after making their settlements and improvements as required by the pre-emption act of 4th September, 1841, so as to secure their pre-emption rights, and prevent interference by the location of these warrants. And that all warrants may be located upon the land applied for if subject to private entry on the 3d March, 1851, without an affidavit as to whether said land is improved or not; and after having been so- located, said warrants shall remain in the hands of the land officers at least forty days. If at the end of that time there is no interference by those locations with pre-emption claims, or otherwise, the warrants will be returned to this office for patenting; but if there is such interference a new location Will be mnade. Warrantees can locate their warrants on their own pre-emption rights where the land was proclaimed and offered at public sale prior to 3d March, 1851, and where the minimum price of the land is more than one dollar and twenty-five cents per acre, can pay in cash the difference between the cost of the land and the amount covered by the warrant, estimating the warrant at $1 25 per acre. No pre-emption rights attach to the alternate sections reserved to the United States along the routes of railroads or canals. Where application is made to this office by the warrantee to locate the warrant, the applicant should designate the land district, section of country, or particular tract on which he wishes the location made, and where the tract is specified it would be well to designate several others in the order in which they are desired, that in case the tract first selected shall have been taken, the warrant can be located upon the first of the others which may be vacant, without further delay. In these cases the affidavit of' the applicant, taken before an officer competent to administer oaths, that he is the identical person mentioned in the warrant, must accompany the application. The same rules must be complied with where application by letter is made to the district land officers. Where such application is made by the attorney, guardian, executor, &e., the evidence duly certified of their authority to act must also accompany the application. By a clause in 1st section of the act making appropriations for the support of the Government for the fiscal year ending 30th June, 1852, approved 3d March, 1851, it is enacted that no: warrant for bounty land issued under the act of 28th September, 1850,, or by virtue of any other act of Congress, shall be located on any 628 APPENDIX Ti. land which had not theretofore beer brought into market and then subject to private entry, so that no land can be located under the Bounty Land Law of 28th September, 1850, or any other law granting bounty land, except that which had been proclaimed and offered for sale prior to the 3d of March, 1851. J. BUTTERFIELD, Commissioner. GENERAL LAND OFFICE, April 4, 1851. Numerous applications having been made to this office for information in relation to the manner in which land warrants under the act of 28th of September, 1850, should be located, the following answers thereto have been prepared, to wit: There are three modes by which these locations may be made: 1st. By the Warrantee in person; 2d. By the Warrantee through the agency of this office; 3d. By an Agent or Attorney. If the first or second mode is adopted, the application must be made in writing, specifying the tract, land district, or section of country in which the location is desired, and be accompanied by an affidavit according to the following form, ATo. 1. Where the third mode is adopted, a power of attorney must be produced, executed by the warrantee in the presence of a witness, according to the following form, No. 2, which power of attorney must be acknowledged, or proved as the case may be, before some officer authorized to take the acknowledgment of deeds, according to form NVo. 3 or 4. In all cases the patents will be transmitted to the land office where the location is made, unless special directions to the contrary be given. J. BUTTERFIELD, Commissioner. FoRM No. 1. STATE OF County of Before me (a justice of the peace, or other officer authorized to take afidavits) personally appeared (here insert the name of the warrrntee) who, being duly sworn, deposes and says, that he is the identical (here insert the name of the warrantee) to whom warrant No., for acres under the act of September, 1850, was issued on the day of, 185, and who now applies to locate the same. (Affiant's signature.) Sworn to, and subscribed before me, this day of 185 (Officer's signature.) FORM No. 2. STATE OF County of Know all men by these presents, that I, (here insert the name of the warrantee) of the county of, and State of, do hereby constitute and appoint, of, my true and lawful attorney, for me, and in my name, to locate land warrant No., for acres of land, which issued under the act of September, 1850. [ Power of substitution may be inserted, if desired.] (Warrantee's signature.) Signed in presence of, - -, J. P. APPENDI: II. 629 FORM No. 3. STATE OF County of On this day of, in the year, personally appeared (here insert the name of the warrantee,) and acknowledged the within power of attorney to be his act and deed, and I certify that I well know the said (here insert the name of the warrantee,) and that he is the same person who is described in the within power, and who executed the same. (Officers signature.) FoRm No. 4. STATE OF } County of I hereby certify, that on this day of, in the year personally came before me (here insert the name of the witness) and (here insert the name of the warrantee;) and the said (here insert the name of the witness,) being well known to me, was duly sworn by me, and on his oath declared and said, that he well knew the said (here insert the name of the warrantee,) and that he was the same person described in, and who executed, the within power of attorney, and his testimony was to me satisfactory evidence of the fact, and the said (here insert the name of the warrantee,) thereupon acknowledged the said power to be his act and deed. (Officer's signature.) [Caveat required to be presented to the General Land Office by a warrantee, under the act of 28th September, 1850, in the case of a lost warrant which had been sent him by mail: and is equally applicable to any other official evidence of title to bounty land under any other act, lost in any manner.] PENSION OFFICE, Macy 28, 1851. In all applications for the reissue of land bounty warrants granted under the act of September 28th, 1850, in lieu of the originals which may have been lost or destroyed, the following regulations, approved by the Department of the Interior, will be observed: When a warrant has failed to reach the hands of the party entitled to receive it, and to whom it was sent, or has been lost after being received, the party should at once enter a caveat in the General Land Office, to prevent the issuing of a patent to a fraudulent claimant, and should give public notice of the facts in the case at least once a week for six successive weeks in some newspaper of general circulation at or nearest the place to which the warrant was directed, or where the loss occurred. In such publication the intention shall also be expressed to apply to the Commissioner of Pensions for a duplicate of such warrant, which, of course, should be minutely described, in order to guard against the improper use of the one first issued. The identity of the applicant must be satisfactorily established, and the facts upon which the application for the reissue is based must be fully and clearly set forth under oath, the warrantee stating in his affidavit (if such be the fact) that he has never himself located, nor empowered any person to locate for him, the warrant in question. In cases where the claim for a duplicate is founded upon the non-reception of the original, the agent, if there be one, is required to unite with the warrantee in the application for renewal. 630 APPENDIX III. It is requisite that the credibility of each and every a fiant be duly certified by the magistrate administering the oath, and that his official character and signature be verified by the proper offix cer under his seal of office. J. E. HEATH, Commissioner of Pensions~ [40.] CIRCULARS. THESE CIRCULARS CONTAIN GENERAL REGULATIONS AND INST'GUCTIONS FOR THE INFORMATION OF CLAIMANTS AND AGENTS FOR PENSIONS AND BOUN'TY LANDS. Numerous attempted frauds call for new arrangements of the books and papers of the office. 2. Care required in preparing claims, and observing a proper distinction between those for pensions and bounty lands, and in designating the different branches of the service, and the different wars in which the service was rendered. PENSION> OFFICrE, Decemnber, 1848. SIR In consequence of the numerous attempts to defraud this Department by forged papers, it has been found to be indispensably necessa y, in order to guard against these nefarious efforts, to make an entire new arrangement of the land books and papers of this ofice. To complete this arrangement, several weeks will be consumed; and during this period we shall not be able to issue land warrants, except in a very few cases. As soon as practicable, we shall resume the examination of land claims, and the claimants may rest assured that their cases will be attended to as soon as the nature of the business will permit. In every case where an inquiry is made relative to claims sent here by mail, or deposited by persons at the Seat of Government, particular care should be taken to describe the case, The name of the individual who claims must be given; and if a widow, the name of her husband also; the service the officer or soldier performed, whether in the army, navy, or militia, and whether for pension or land; whether during the revolutionary war, the war of 1812, or the Mexican war. If in neither of those wars, the particular period when the service was performed must be mentioned. The name of the person who sent the papers to the Pension Office; the time when they were sent, and from what particular post office, must also be given. Papers in support of claims to land must invariably be drawn up separately from all other claims. The neglect of claimants and their agents to observe this rule has been productive of great inconvenience and loss of time to the parties interested, as well as to the office. This rule applies with equal force to papers in support of pension claims. J. L. EDWARDS; APPENDIX III. 631 The vast amount of correspondence renders it impracticable to answer it in detail, instead of which, general answers are adopted, and the patience of claimants invoked. 2. Claims are taken up in the order of presentation, and the results made known; and if not satisfactory in certain cases, further proceedings may be obtained. 3. Printed regulations and instructions under various laws granting pensions and bounty lands may be obtained on application. PENSION OFFICE, October, 1849. SiR: The great and extraordinary exertions which have been made to answer with promptitude all the very numerous letters received here, have been found ineffectual. To reply particularly to every inquiry made to this office would consume the time of more clerks than are now employed in the business; and then the examination of claims, would be entirely suspended. No good could possibly result to any of the claimants. Claims are taken up according to the order in which they are received at this Department; and all claimants may rest assured that their papers will be acted on at as early a day as the great and increasing press of business will pernmit. This circular has been drawn up with a view of quieting the minds of applicants, and in order to satisfy them that we are making every effort in our power to adjust their claims. Our great object has ever been to discharge, our duty with the utmost promptitude and fidelity. If in any instance inquiry be made concerning a claim, and it does not appear that the papers have been received here, the claimant is apprized of the fact by having a copy of this letter sent to him or his agent, with the claimant's name written in the margin. When an applicant is not satisfied with the decision in his case, and no answer is sent to his request for a reconsideration, he is to understand that the Department adheres to its decision. No information in regard to military service can in any case be given until the claimant has proceeded according to the mode pointed out by the regulations, which are always sent whenevefe a wish to that effect is expressed by an applicant. In every case where the claim has been rejected, the papers will remain on our files, and cannot be withdrawn. If the applicant wishes to renew his claim, he must have new papers prepared. The printed regulations under the various laws granting pensions and bounty lands are very minute, and contain information on every point connected with the establishment of claims under those laws. They are sent to all who make application for them, and are frequently sent, instead of writing long letters, to persons who seek information here. J. L. EDWARDS, Commissioner of Pensions. Regulations for dispatch of business, prescribed in 1833, affirmed and extended il 1839, and re-affirmed in 1850-requiring claims to be taken up in the order of their presentation, and declaring the presence of agents to urge action on claims to be an impediment, besides subjecting claimants to a useless expense. 2. Any papers referred to in elucidation of a claim must be described in writing, and be made a part of the 632 APPEINDX ITI. claimant's declaration. 3. Papers and book not to be examined by claimants or agents without written application, specifying the objects of the search, and to be complied with at the discretion of the office. 4. No claim shall be examined in the presence of agents or persons depositing the same, or of the parties interested; and all explanations must be in writing, as no papers can be deemed complete unless they can be clearly understood without verbal explanation. DEPARTMENT OF THE INTERIOR, April 9, 1850. SIR: I have examined the following rules for the dispatch of business in the Pension Office, am satisfied with them, and direct that they be observed. T. EWING. J. L. EDWARDS, Esq. WAR DEPARTMENT, May 7, 1839. SIR: It is my earnest desire that the business of your office should be conducted with the utmost dispatch and regularity; and I wish that the rule, which declares the presence of an agent for the claimant at your office unnecessary, should not only be strictly adhered to, but that all such persons who may present themselves at your office, with a view of urging immediate attention to their cases, may be informed of the rule, and furnished with a copy of this letter. I direct, also, that the following rules may be observed: ist. Should a claimant, or an agent for a claimant, or any one already pensioned, desire that a reference should be made to the papers of any other claimant or pensioner in your office, with a view of elucidating his or her claim, the papers referred to must be designated in writing, and under oath, and form a part of the claimant's declaration. 2d. No agent will be permitted to examine books or papers in the Pension Office in any case whatever, without first making a written application to the Commissioner of Pensions for that purpose, stating fully the object for which he wishes to make such examination, and what particular facts he expects to obtain. The Commissioner will then determine whether the request can be complied with. 3d. To prevent the examining clerks from being interrupted in the discharge of their duties, no person acting on behalf of claimants or pensioners will be allowed to hold any conversation with such clerks in relation to claims presented by them, and no examination of papers deposited by agents or pensioners shall be made in the presence of persons who deposite the same, or who have any interest in the claim or claims presented. 4th. All explanations in relation to evidence must be in writing; and the evidence in no case can be deemed complete unless it can be-clearly understood without a verbal explanation. J. R. POINSETT. To the COMMISSIONER OF PENSIONSo APPENDIX I, 6 33 v[E The rule alluded to in the first paragraph of the foregoing letter is contained in a letter from the Secretary of War of September 4, 1833, of which the following is a copy: DEPARTMENT OF WAR, September 4, 1833. SIR: In the future examination of the pension cases, they will be taken up in the order of presentation, nor will any preference be shown to cases which are urged by agents attending at the seat of Government for that purpose. I consider the attention of such agents useless in itself, and subjecting the applicants to unnecessary expense. LEW. CASS. J. L. EDWARDS, Esq. The subject of the first and second circulars are repeated and more fully treated as to the vast amount of correspondence, and the summary disposition of it: information sought, in some respects not to be communicated; in other respects to be complied with: care must be observed, in preparing claims, to make them in separate documents, for pensions or bounty lands, and clearly designate the service claimed: and inquiries respecting claims transmitted must be made in writing. 2. Various decisions detailed in relation to bounty lands under the act of September 28th, 1850; and the proper course to be pursued in preparing and presenting those claims, pointed out, and recapitulated, according to established forms, &c. PENSION OFFICE, January, 1851. SIR: In reply to your inquiry, I send this, circular to you. If you will read it carefully, you will find that it contains not only an answer to your letter, but other matter which may be of importance to you in the transaction of business with this office. It has been found wholly impracticable to prepare written answers to the numerous letters addressed to this office within a few months past. This paper has therefore been drawn up with great care to facilitate the business of the office, and to relieve from anxiety the many persons who desire information relative to pensions and bounty lands. All claims are taken up in the order in which they are received here. Reports, in writing, are made to the persons who transmit or present the papers. But as claimants are often uneasy, if their claims are not immediately attended to, it very frequently happens that in a short time after the papers are sent to the Department, letters are sent to urge immediate attention. This course, so far from-expediting an investigation, retard sit, because it increases the labors of those who are employed here, and, in numerous instances, occasions mistakes, and consequently dissatisfaction to the parties concerned. It is, therefore, respectfully requested that every applicant will wait a reasonable time before making application to know what has been done in relation to his or her claim. But should any reason exist for supposing that unnecessary delay has taken place, or that the papers have been lost or destroyed, and the claimant, or the attorney employed, should deem it proper to ask information, this letter will be sent with a brief answer written on the margin. 634 APPENDIX Io The rutles of this Department forbid my giving such information respeet.ing military service as is frequently sought. If, in any case9. h-oweve'r, information is asked as to the service of a particuiar indi vidual, for the purpose of substantiating a claim not to be piresented to the executive offices at the seat of Government, and the regiment, company, and line to which the claimant belonged, be clearly set forth, as well as the rank which he held, the necessary proof will be furnished, if within the reach of the Department, and not incompatible with the regulations. In some cases, applicants for pensions before transmitting their papers. ask for oinonmation in order to assist them in preparing their,claims. Ian such cases information is generally withheld, for very obvious reasons. But there may be a few cases in which information may be afforded to claimants before they make an effort to perfect their claims. Some persons may be so situated that they may find it impracticable to procure the testimony of any living witness, and may resort to the Department for information. If-such per-sons should seek information, they must make a declaration urndele oath, and so describe the service performed, as to enable the Department to effect the necessary search of' the rolls, books, or records of this office, when all proper aid will be afforded them in bringing their claims to a due investigation, and they will be informned whether or not the office contains such proof as will ten.d to establish their claims; but the answer conveying such informiation wSill not specify the service which the rolls may contain. Supposi.tio'ns, cases are very often stated to this office, and informatio. a.sked as to the construction of certain acts, when no benefit whatever can be derived to any one from answers to such inquiries. To put a stop to such unnecessary correspondence, it is sufficient to say, that it is out of our power to bestow time in answering inaquiries of this nature. But where an individual has a claim of a doubtful character, and first wishes information for his guidance, before subjecting himself to the expense of taking evidence, if the individual be named, and all the facts connected with the case be clearly set forth, the party will be informed as to the course most advisable to pursue. If we think that the case is provided for, we send forms and rules of evidence. If the case is not provided for, we send this letter with an answer to that effect on the margin. Much solicitude is often manifested by pensioners when they remove from:. the limits of one agency to those of another, and apply to have a change in the place of payment. On their making proper application, according to the prescribed rules, steps are taken to make the necessary arrangements for a transfer. It cannot, however, be immediately effected, because we have to wait, in most cases, till we can hear from distant agents, from whom information is derived as to the time to which the pensioner was last paid. In every case where an inquiry is made relative to claims APPENDIX m. 635 sent heree by mail, or deposited by persons at the seat of Government, particular care should be-taken to describe the case. The name of the individual who claims must be given; and, if a widow, the name of her husband also; the service the officer or solb dier performed-whether in the army, navy, or militia, and whether for pension or land-whether during the revolutionary war, the war of 1812, or the Mexican war, as also the regiment and company to which the officer or soldier belonged. This is indispensably necessary in all cases, in order to enable us to lay our hands on particular cases inquired for. If in neither of those wars, the particular period when the service was performed must be mentioned. The name of the person who sent the papers to the Pension Office, the time when they were sent, and fiom what particular post office, must also be given. Papers in support of claims to land must invariably be drawn up separately from all other claims, and each set of papers must be complete in itself. The neglect of claimants and their agents to observe this rule has been productive of great inconv~enience and loss of time to the parties interested, as well as to the office. This rule applies with equal force to papers in support of pension claims. Persons frequently transmit papers to this office without any letter showing by whom they are sent. All such papers will hereafter be placed on our files, and there remain until the necessary inquiries be made by the parties concerned. This rule is found to be necessary to prevent frauds aswell as mistakes. All correspo dents are requested to be particular in wrRiting their names legibly, and to give the name of the post office or post town to Thich they wish answers to be addressed. In ansiwer to various inquiries relative to the Bounty Land Act of September 28, 1850, I have to inform you: 1. That where the service has been rendered by a substitute, he is the person entitled to the benefit of the law, and not his employer. 2. That the widow of a soldier who has rendered the service required by the law, is entitled to bounty land, provided she was a widow at the passage of the law, although she may have been married several times; or although her marriage to the officer or soldier may have taken place after he left the service; but if not a widow wvhen the law passed, the benefit of the act inures to the minor children of the deceased soldier. 3. That no person who has received, or is entitled to bounty land under a prior law, is entitled to the benefit of the act of 28th September, 1850. 4. That no soldier is entitled to more than one warrant under this act, although he may have served several terms; but where a soldier has served several terms, lie will receive a warrant for the greatest quantity of land to which the several terms consolidated, will entitle him. 5. In all cases where any portion of the marine corps in the several wars referred to, in the act of the 28th September, 1850, were embodied with the army in the field, and performed service as a portion of the line of the army, the marines .636 APPENDIX M. who so served, if they served the time required by law, and were honorably discharged, are entitled to land. No seaman, nor any other person belonging to the navy proper, is entitled to land. And no teamster or artificer is entitled to land. Persons who were engaged in the removal of the Cherokees from Georgia, in 1836, or in removing Indians at any time, are not entitled to land. Every one who has any claim for land under the act of September 28, 1850, must first make a declaration before any examination of rolls can be made. The printed forms will direct every claimant how to proceed. The applicant must make the affidavit according to the best of his or her recollection or belief. Clerks cannot prepare from the rolls, any certificates of service before the declaration is filed; nor can answers be given to letters merely asking for information as to service. In no case can a muster roll be sent from the Department. If the soldier's discharge is lost, or if he had none, the fact must be stated under oath., No one is considered in service unless he left his home under a requisition of the Government, and served in field or garrison. When an oath is administered by a notary public no certificate from the clerk of a court, as to his official character and signature, is necessary, provided he will affix the notarial seal, and that seal has a device or inscription, which will distinguish it from any other seal. If a soldier who was in the service at any time between 1790 and 1812, and has no discharge, he must prove his service by credible witnesses, when he applies for land. All inquiries as to the location of a land warrant, must be addressed to the Commissioner of the General Land Office, Washington City. This office has no control over a warrant after it has been issued according to law. If the warrantee then dies, it must be disposed of according to the laws of the State in which the warrantee resided. This Department does not appoint any one to act as an agent or attorney, either in preparing or presenting papers in support of claims against the Government. JAMES E. HEATH, Commissioner of Pensions. A power of attorney, legally executed, is essential to authorize an agent to request an inspection of a claim assumed to be placed under his charge. 2. And the granting of such request, or the furnishing an abstract of the papers, will be at the discretion of the Commissioner. 3. Only two re-examinations of claims that have been adjudicated, can be permitted, without the production of additional evidence. 4. Cases finally adjudicated, cannot be re-opened, except on proof of error, and the production of additional evidence. 5. Appeals are admissible within six months. 6. And no application for a re-hearing will be entertained after the lapse of two years. PENSION OFFICE, April 18, 1851. The following rules and regulations, approved by the Secretary APPENDIX ltI. 637 of the interior, will be observed in the settlement of pension claims against the Government: 1. An agent or attorney asking to examine papers filed in any pension claim, or for the reconsideration of a claim heretofore adjudicated, must produce a power of attorney giving him the necessary authority to act as agent of the claim, which power of attorney must be acknowledged before a justice of the peace or other person qualified to take acknowledgments or administer oaths, and must be certified under a recognised official seal. The party moreover executing such power must have taken an oath that he or she is directly interested as one of the claimants, and a certificate to that effect must accompany the power. 2. On the presentation of such authority, the Commissioner will, in his discretion, furnish an abstract of the proofs appearing in the papers filed, or permit a personal inspection of such papers. 3. Upon the presentation of the power, as required in the first rule, if it appear that the original party performing the alleged service, or his widow, is the applicant for the reconsideration of a claim heretofore adjudicated, such claim may be re-examined as a matter of right, but there shall not be more than two re-examinations without the production of further material evidence. 4. In other cases than those of the person performing service, or his widow, as prescribed in the 3d rule next preceding, no pension case which has been finally adjudicated shall be reopened, unless on the production of satisfactory proof that the adjudication was erroneous, accompanied by an affidavit of the party applying therefor, showing that such proof has been discovered since the adjudication was made. 5. Appeals may be taken from the decisions of the Commissioner of Pensions within six months from the time the decision is made and communicated to the party or his agent. 6. No application for a rehearing will be entertained after the expiration of two years from the final adjudication of a claim and notice thereof to the applicant or his agent. After that time the party will be left to seek redress by an appeal to Congress. J. E. HEATH, Commissioner of Pensions. Appeals from the Commissioner of Pensions to the Secretary of the Interior, must be made in writing, stating the grounds of appeal-whether on error of construction of law, or of evidence; and on those grounds only will the appeal be entertained. DEPARTMENT OF THE INTERIOR, February 6, 1852. Whereas, serious difficulties and delays have arisen in the transaction of the business of the Pension Office, from the multiplicity of indiscriminate and vague appeals from its decisions, without stating the particular grounds of dissent from such decisions: Therefore, in order to facilitate the business of the office, and ensure a speedy determination of all cases therein, it has been deemed proper to adopt the following regulation: 6:38 APPENDIX HiL Any person desiring to take an appeal from a decision of the Pension Office, shall address the application to the Secretary of the Interior, and will be required to state the precise grounds on which the appeal is based whether the errors alleged be in the construction of the law, or in that of the evidence; and if in regard to the evidence, the portion relied on must be specially cited. The Commissioner in his report, and the Secretary in his decision, will notice only the grounds so stated, or the points so made. ALEX. H. Ho, STUART, Secretary. O~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:~al.I~~~~~~~ II~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ V- - I~~A I "Some few acts on Pensions and Bounty Lands, and Opinions of Attorneys General, having been overlooked in the first instance, mn consequence of defective indexing of the laws and opinions, and other unavoidable circumstances, are now, after the most careful revision, inserted in the following Supplement; and the subjects of them will be found appropriately referred to in the Alphabetical Index at the end of the volume.] SUPPLEME NT OF LAWS, OPINIONS, AND FORMS, &c. PENSION AND BOUNTY LAND LAWS. [Laws of the U. S., vol. 4, page 405.]'CHAP. 376. An act in addition-to the act entitled " An act to raise an additional military force' passed January the eleventh, one thousand eight hundred and twelve. 1. The President of the United States empowered to cause to be enlisted, for the term -of eighteen months, unless, &c., such part of the light dragoons, artillery,.&c., authorized by the act mentioned-: Proviso; the whole number to be enlisted for eighteen months not to exceed fifteen thousand, ~&c. 2. The non-commissioned officers, privates, &c. to'be entitled to the bounlty of sixteen dollars, &c. except the bounty in land, &c. -APPROVED, APRIL 8, 1812. S EC. 1. Be it:enacted by the Senate and House of Representa-,ives of the United States of America in Congress assembled, That the President of the United States be, and he hereby is, empow-ered to cause to be enlisted, for the term of eighteen months, unless sooner discharged, such part of the light dragoons, artillery, and infantry, authorized by the act entitled "An act to raise an additional military force," as he may deem expedient: Provided,'The whole number, so to be enlisted for eighteen months, shall not exceed fifteen thousand, anything in the said recited act to the contrary notwithstanding. SEC. 2. And be it further enacted, That the non-commissioned officers, musicians, and privates, so to be enlisted, shall be entitled to the bounty of sixteen dollars, and the same pay, clothing, and rations, the same provisions for wounds or disabilities, and to;all other allowances, (the bounty in land excepted,) provided by the said before recited act, for the non-commissioned officers, musicians, and privates, who may be raised under the same, and -shall be held to perform the same duties, and be subject to the:same rules and regulations. [2.] LLaws of the U. S., vol. 4, page 647.] CHAP. 604. An act to authorize the President to receive into service certain volunteer corps. 1. The President authorized to receive into service such proportion of the volunteers authorized and accepted, &c. as may be required, &c.: Proviso; the volunteers received, to engage to serve five years, or, &c. 2. The volunteers, to be taken into service, enti. 48 642 SUPPLEMENT, tied to the same bounty, pay, &c. as the regular troops. 3. The officers of voTunteer corps to rank according to grade, with other officers, &c. APPROVED, FEBRUARY 24, 1814, SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to receive into the service of the United States such proportion of the volunteers, authorized by the act of sixth February, one thousand eight hundred and twelve, and the act supplementary thereto, of the sixth July, one thousand eight hundred and twelve, and accepted under the authority of said acts, as, in his judgment, the public service may require: Provided, That the volunteers so received shall engage to serve for five years, or during the war, unless sooner discharged. SEc, 2. And be it further enacted, That the volunteers which shall be taken into service under the authority of the preceding section, shall be entitled to the same bounty, pay, rations, clothing, forage, and emoluments of every kind, and to the same henefits and allowances, as the regular troops of the United States. SEC. 3. And be it further enacted, That the officers of corps of volunteers which shall be taken into service, shall rank, according to grade and the dates of their commissions or appointments, with other officers of the army. L 3.1 [Laws of the U. S., vol. 4, page 690. CHAP. 653. An act granting pensions to the officers and seamen serving on board the revenue cutters in certain cases. Officers and seamen of the revenue cutters, wounded or disabled whilst cooperating with the navy, &c. entitled to be placed on the navy pension list, &c. APPROVED, APRIL 18, 1814. SEC. 1. Be it enacted by the Senate and House of,Representatives of the United States of America in Congress assembled, That the officers and seamen of the revenue cutters of the United States shall be entitled to be placed on the navy pension list, at the same rate of pension, and under the same regulations and restrictions, as are now provided by law for the officers and seamen of the navy. [4.1 LLaws of the U. S., Statutes at Large, vol. 3, page 146.] CHAP. 10. An act making further provision for filling the ranks of the army of the United States. 1. Recruits authorized, of able,bodied men between the ages of eighteen and fifty. 4. baand bounty changed to 320 acres, to be given to recruits upon their discharge. 5. SUPPLEMENT. 643 Persons furnishing recruits for the war shall be exempt from military duty, and such re-:eruits shall be entitled to the bounty in land. APPROVED, DECEMBER 10, 1814. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passing of this act, each and every commissioned officer who shall be employed in the recruiting service shall be, and he hereby is, authorized to enlist into the army of the United States, any free effective able-bodied man, between the ages of eighteen and fifty years; which enlistment shall be absolute and binding upon all persons under the age of twentyone years, as well as upon persons of full age, such recruiting officer having complied with all the requisitions of the laws regulating the recruiting service. * * SEc. 4. And be it further enacted. That in lieu of the bounty of one hundred and sixty acres of land, now allowed by law, there shall be allowed to each non-commissioned officer and soldier hereafter enlisted, when discharged from service, who shall have obtained from the commanding officer of his company, battalion, or regiment, a certificate that he had faithfully performed his duty whilst in service, three hundred and twenty acres of land, to be surveyed, laid off, and granted under the same regulations, and in every respect in the same manner now prescribed by law; and the widow and children, and if there be no widow nor child, the parents of every non-commissioned officer and soldier, enlisted according to law, who may be; killed or die in the service of the United States, shall be entitled to receive the three hundred and twenty acres of land as aforesaid; but the same shall not pass to collateral relations, any law heretofore passed to the contrary not withstanding. SEC. 5. And be it further enacted, That any person subject to militia duty, who shall, according to law, furnish a recruit for the army of the United States at his own expense, during the wvar, shall thereafter be exempt from militia duty during the war; and every recruit thus furnished shall be delivered to some recruiting fficer of the United States, who shall immediately grant his receipt for such recruit, to the person furnishing him, and shall forthwith report the same to the Department of' War,, and shall specify in the report the name of such person, and his place of residence, as well as the name and description of the recruit; whereupon it shall be the duty of the Secretary for the Department of War to grant to the person furnishing such recruit a certificate of exemption from militia duty during the war, upon calls made upon authority of the United States, which certificate shall be good and available to all intents and purposes for that object; and every recruit thus furnished shall be entitled to the bounty land, in the same manner, and upon the same conditions as the other recruits in the army of the United; States.. 644 STUPPLEMINEiN [5.] [Laws of the U. S., vol. 6, page 19.]CHAP. 25. An act granting bounties in land aid extra pay to certain Candad ffa2 volunteers. 1. Citizens of the United States anterior to the war of 1812, residing in Canada at its' commencement, and having joined the armies of the United States during its continuance, entitled to bounty land: Quantity to each person: Clairas may be located in quarter sections, on unappropriated lands in the Indiana Territory, which have been surveyed,, except salt springs, &c.: Manner of location, &e. as the President shall prescribe. 2. Secretary of War, according to rules ot evidence to be prescribed by the President, to issue warrants for the land. 3. Three months' additional pay to Canadi;an volunteers? according to rank. APrROVED, MARCH 5, 181'6. Sec. 1. Be it enacted by the Senate and House of Representas tives of the United States of America in Congress assembled, That all such persons as had been citizens of the United States anterior to the late war, and were, at its commencement,. inhabitants of the province of Canada, and who, during the said war, joined the armies of the United States as volunteers, and were slain~, died in service, or continued therein till honorably discharged, shall be entitled to the following quantities of land, respectively,, to wit: Each colonel, nine hundred and sixty acres;. each major, to eight hundred acres - each captain, six hundred and forty acres? each subaltern officer, to four hundred and eighty acres;: each non-commissioned officer, musician, or private, to three hundred, and twenty acres; and the bounties aforesaid shall extend to the.medical and other staff, who shall rank according to their pay, And it shall be lawful for the said persons to locate their claims, in quarter sections, upon any of the unappropriated lands of the United States, within the Indiana Territory, which shall have been surveyed prior to such location, with the exception of salt springs and lead mines therein, and of the quantities of land ad. jacent thereto which may be reserved for the use of the same by the President of the United States, and the section number sixf teen, in:every township, to be granted to the inhabitants of such townshiip for the use of public schools; which locations shall be subject to such regulations, as to priority of choice and the manner of 0location, as the President of the United States shall prescribe. SEC. 2. And be it firtlher enacted, That the Secretary for the Department of W.ar_, for the time being, shall, from time to time, under such rules and regulations, as to evidence, as the President of the United States shall prescribe, issue to every person comling within the description aforesaid, a warrant for such quantity of land as he may.be,entitled to by virtue of the aforesaid provision; and in case of the death of such person, then such warrant shall be issued to his widow, or if no widow, to his child or children. SEC. 3. And be it further enacted, That the Treasurer of the,United States be, and he is hereby, authorized and required, to SUPPLEMENT. 645 pay to each of the persons aforesaid, three months' additional pay, according to the rank they respectively held in the army of the United States during the late war. [6.] [Laws of the United States, vol. 6, page 240.] CHAP. 279. An act to amend the act entitled "An act granting bounties in land and extra pay to certain Canadian volunteers,' passed the fifth of March, one thousand eight hundred and sixteen. i. Six months' service and name on the muster roll a condition of bounty: Proviso; where it shall appear the term of service had not been performed in consequence of wounds, &c. 2. Warrants to be located on lands offered at public sale. 3. Rates of bounty to grades specified. 4. Contrary provisions of former act repealed. 5. This and former act in force for a year. AFP'ROVED, MARCH 3, 1817. SEC. 1. Be it enacted by the Senate and House of Representatives of the lUnited States of America in Congress assembled, That from and alter the passing of this act, no bounty in land shall be given to any Canadian volunteer, except where it shall appear that the full term of six months' service shall have been performed in some corps in the United States service, and whose name shall appear upon the muster-rolls of such corps: Provided, That where it shall appear that the said term of service had not been performed by reason of wounds received in battle, or other disabilities, occasioned by the performance of his duty while in such corps, such claimant shall be considered as having perfbrmed the full term of service for which he had engaged. SEC. 2. And be it further enacted, That all warrants issued in pursuance of the act entitled "An act graIting bounties in land and extra pay to certain Canadian volunteers," and which have not been located, and those which shall be issued in pursuance of this act, shall be located on such lands as have been offered at public sale according to law, and no other. SEC. 3. And be it further enacted, That, instead of the bounty given in the act hereby amended, the following rates shall be given: For a colonel, four hundred and eighty acres; for a major, four hundred and eighty acres; for a captain, three hundred and twenty acres; for a subaltern, three hundred and twenty acres; to a non-commissioned officer, musician, or private, one hundred and sixty acres; and to the medical and other staff, in proportion to their pay. SEC. 4. And be it further enacted, That all such parts of the act hereby amended, as shall be inconsistent with, or contravene, the provisions of this act, are hereby repealed. SEC. 5. And be it further enacted, That this act, together with the act hereby amended, shall continue and be in force for the term of one year, and no longer. 646 SUPPLEMENT. [7.] [Laws of the U. S., vol. 6, page 265.] CHAP. 309. An act extending the time for obtaining military land warrants inll certain cases. The second section of the act referred to not to apply to the heirs, &c. of persons killed, &c.: The heirs, &c. of such persons may make application until the first of May,. one thousand eight hnndred and twenty. APPRovED, MARCH 27, 1818. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provision of the second section of the act entitled "An act to provide for designating, surveying, and granting the military bounty lands," passed on the sixth day of May, one thousand eight hundred and twelve, which limits the time within which persons entitled to military bounty lands shall make their application for a land warrant, to five years from and after such person shall become entitled thereto, shall not be construed to apply to, affect, or bar any application for a military land warrant, which may be made by the heirs and representatives of a deceased person, who was entitled thereto by services performed in the late war, or application by the heirs and representatives of any non-commissioned officer or soldier killed in action, or who died in the actual service of the United States, and entitled by existing laws to a bounty in lands; but the heirs and representatives of such persons shall be allowed to make their applications therefor at any time before the first day of May, one thousand eight hundred and twenty; any act to the contrary notwithstanding. [Laws of the U. S., vol. 7, page 232.] CHAP. 264. An act extending the term of pensions, granted to persons disabled, and to the widows and orphans of those who have been slain, or who have died, in consequence of wounds or casualtie sreceived while in the line of their duty, on board the private armed ships of the United States, during the late war. Acts of fourth March, one thousand eight hundred and fourteen, and sixteenth April, eighteen hundred and eighteen, extended for the term of five years: Proviso; from the proceeds of the privateer pension fund: Proviso; no pension to widow after marriage, nor child after sixteen. APPROVED, APRIL 9, 1824. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the pensions of all persons, who now are in the receipt thereof, under the provisions of the following laws of the United States, or either of them, to wit: an act passed March fourth, one thousand eight hundred and fourteen, entitled "An act giving pensions to the orphans and widows of persons slain in the public or SUPPLEMENT. 64:7 private armed vessels of the United States," and an act passed April sixteenth, one thousand eight hundred and eighteen, enti-; tled "An act in addition to an act giving pensions to the orphans; and widows of persons slain in the public or private armed vessels of the United States," so far as regards persons receiving pensions from the fund arising from captures and salvage made by the private armed vessels of the United States, be, and the same are hereby, continued, under the restrictions and regulations in the said acts contained, for and during the additional term of five years, from and after the period of the expiration of the said pensions, respectively: Provided, however, That the said pensions shall alone be paid from the proceeds of the privateer pension fund, so called, and without recourse to the United States for any deficiency, (should such occur,) which may hereafter arise thereon: And provided further, That no pension shall be paid to any such widow after her intermarriage, nor to any orphan children of such officer, seamen, or marines, after they shall have attained the age of sixteen years. [9.] [Laws of the U.., vol. 8, page 48.] CHAP. 53. An act for the relief of certain surviving officers and soldiers of the army of the revolution. 3. Certain non-comm'ssioned officer3 and privates to receive full pay. 4. Payments to be made under the direction of the Secretary of the Treasury: Foreign officers exeluded: Pay not liable to legal process. 5. Payments to be made semi-annually. APPROVED, MAY 15, 1828.* SEc. 3. And be it further enacted, That every surviving noncommissioned officer, musician, or private, in said army, who enlisted therein for and during the war, and continued in service until its termination, and thereby became entitled to receive a reward of eighty dollars, under a resolve of Congress, passed May fifteenth, seventeen hundred and seventy-eight, shall be entitled to receive his full monthly pay in said service, out of any money in the treasury not otherwise appropriated; to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided, That no non-commissioned officer, musician, or private, in said army, who is now on the pension list of the United States, shall be entitled to the benefits of this act. SEC. 4. And be it further enacted, That the pay allowed by this act shall, under the direction of the Secretary of the Treasury, be paid to the officer or soldier entitled thereto, or to their' authorized attorney, at such places and days as said Secretary may direct; and that no foreign officer shall be entitled to said *These sections, 3, 4, and 5, are continuations of the sections I and 2 of the same act, [96.1-ante. 648 SUPPLEMENT. pay, nor shall any officer or soldier receive the same, until he furnish to said Secretary satisfactory evidence that he is entitled to~ the same in conformity to the provisions of this act; and pay allowed by this act shall not, in any way, be transferrable or liable, to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer or soldier entitled to the same by this act. SEc. 5. And be it further enacted, That so much of said pay as accrued by the provisions of this act before the third day of March, eighteen hundred and twenty-eight, shall be paid to the officers and soldiers entitled to the same, as soon as may be, in the manner and under the provisions before mentioned; and the pay which shall accrue after said day shall be paid semi-annually, in like manner, and under the same provisions. [Laws of the U. S., vol. 9, page 822.1 CHAP. 1021. An act to increase the present military establishment of the United' States, and for other purposes. 1. Increase of army-one company to be added to each, of the regiments of artillery, &c. 29. Three months' extra pay given in lieu of the bounty now provided by law for re-enlistment: One hundred and sixty acres of land granted for tell consecutive years' service. APPROVED, JULY 5, 1838. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be added to each of the four regiments of artillery one company, to be organized in the same manner as authorized by existing laws, with the exceptions hereafter mentioned, &c. SEC. 29. And be it further enacted, That in lieu of the bounty now provided by law for re-enlistment, every able-bodied noncommissioned officer, musician, or private soldier, who may reenlist into his company or regiment within two months before, or one month after the expiration of his term of service, shall receive three months' extra pay; and also any non-commissioned officer or soldier who shall have served ten consecutive years, and shall obtain from the commanding officer of his company, battalion, or regiment, a certificate that he had faithfully performed his duty whilst in service, shall be allowed one hundred and sixty acres of land, to be designated, surveyed, and laid off at the public expense, in such manner and upon such conditions as may be provided by law, which land shall be patented to the soldier or his heirs, and be not assignable until patented. SUPPLEMENT. 649 [11.] [Laws of the U. S., vol. 9, page 905.] CHAP. 1053. An act supplementary to an act entitled "An act to increase the present military establishment of the United States, and for other purposes," approved July fifth, eighteen hundred and thirty-eight. Bounty to soldiers repealed. APPROVED, JULY 7, 1838. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act to which this is a supplement shall be, and the same is hereby explained, limited, and modified, as follows: Eighth. That so much of said act as allows one hundred and sixty acres of land to soldiers who shall have served ten consecutive years be, and the same is hereby, repealed. 12.] [Laws of the U. S., pamphlet edition, page 56.] CHAP. 69. An act to provide for satisfying claims for bounty lands for military services in the late war with Great Britain, and for other purposes. 1. Persons to whom bounty land warrants were issued, which now remain unsatisfied, may enter land, &c.: Proviso; warrants to be located within five years. 2. Acts of twenty-seventh January, eighteen hindred and thirty-five,continued for five years: Cases not finally disposed of, within that time, forever barred: Proviso; warrants to be located how: Further proviso; certificates of location not assignable. APPROVED, JULY 27, 1842. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of warrants for bounty lands for military service in the war of eighteen hundred and twelve with Great Britain, which remain unsatisfied at the date of this act, it shall be lawful for the person in whose name such warrant shall have issued, his heirs or legal representatives, to enter at the proper land office in any of the States or Territories in which the same may lie, the quantity of the public lands subject to private entry to which said person shall be entitled in virtue of such warrant in quarter sections: Provided, Such warrants shall be located within five years from the date of this act. SEC. 2. And be it further enacted, That the terms prescribed for the issuing warrants by the Secretary of the Department of War, under the act entitled "An act to allow further time to complete the issuing and locating of military land warrants during the late war," and under the act entitled "An act to extend the time of issuing military land warrants to the officers and soldiers of the revolutionary army, both of which acts were approved January twenty-seventh, eighteen hundred and thirty-five, be, and the 650 SUPPLEMENT. same are hereby, respectively, renewed and continued in force for the term of five years from and after the date ol this act; and all cases which shall not, within the time aforesaid, be finally disposed of, shall be thereafter forever barred from the benefits of all claim to bounty land for services performed within the spirit and meaning of said acts: Provided, That warrants issued under the provisions of this section may be located as is provided for warrants under the first section of this lict: And provided further, That the certificate of location obtained under the provisions of' this act shall not be assignable, but the patent shall in all cases issue in the name of the person originally entitled to the bounty land, or to his heirs or legal representatives. [13.] [Laws of the U. S., pamphlet edition, page 131.] [No. 7.] Joint resolution relating to patents for bounty lands. Mode of issuing patents to the heirs of persons entitled to bounty lands. APPROVED, MARCH 3, 1843. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where an officer or soldier of the revolutionary war, or a soldier of the last war, was entitled to bounty land, has died before obtaining a patent for the land, and where application is made by a part only of the heirs of such deceased officer or soldier for such bounty land, it shall be the duty of the proper officers of the War Department to issue the warrant or patent in the name of the heirs of such deceased officer or soldier, without specifying each; and the patent so issued in the name of the heirs, generally, shall inure to the benefit of the whole, in such portions as they are severally entitled to by the laws of' descent in the State or Territory where the officer or soldier belonged at the time of his death. [ 14.] [Laws of the U. S., pamphlet edition, page 115.] [No. 1.] A resolution explanatory of " An act making appropriations for the payment of revolutionary and other pensions of the United States for the fiscal year ending the thirtieth of June, one thousand eight hundred and forty-five. Claims pending at the passage of this resolution not affected by the pension appropriation act. APPROVED, JANUARY 23, 1845. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act making appropriations for the payment of revolutionary and other pensions of the United States for the fiscal year SUPPLEMENT. 651t ending on the thirtieth of June, one thousand eight hundred and forty-five," shall not be so construed as in any way to affect the claims of those widows whose application for a pension, or an arrear of pension, at the passage of this resolution, shall have been made and filed in the Pension Office, awaiting the decision of the Commissioner of Pensions thereon. 15.] [Laws of the U. S., Statutes at Large, vol. 9, p. 334.] [No. 4.1 Joint resolution relative to the evidence which shall be considered satisfactory in applications for bounty land. In applications for bounty land warrants, the honorable discharge of the applicant, predicated on a surgeon's certificate, to be deemed sufficient evidence. AIPROVED, MARCH 24, 1848. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of application for bounty land warrants under the act approved February eleventh, eighteen hundred and forty-seven, the honorable discharge of the applicant, showing the same was predicated on a surgeon's certificate of disability, shall be considered as satisfactorv evidence to the Commissioner of Pensions that the disability was incurred in the course of service. [ 16.] [Laws of the U. S., Statutes at Large, vol. 9, page 231.] CHAP. 44. An act to require the holders of military land warrants to compensate the land officers of the United States for services in relation to the location of those warrants. Fee for services by registers and receivers to holders of military land warrants: Provided, that no fee be charged when the same is located for the benefit of the soldier. APPROVED, MAY 17, 1848. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the services which may be rendered after the passage of this act by the registers and receivers of the several land offices of the United States in carrying out the provisions of the ninth section of the act of eleventh February, one thousand eight hundred and forty-seven, entitled "An act to raise, for a limited time, an additional military force, and for other purposes," they shall each be entitled to require from the holders of warrants issued under that act, for one hundred and sixty acres, the sum of fifty cents for each; and from the holders of warrants, issued under the same law, for forty acres, the sum of twenty-five cents for each, as full compensation for those services: Provided, That in all cases 652 SUPPLEMENT. where the warrant is located by, and for the use of, the volunteer or soldier to whom such warrant may have issued, for services rendered under the act aforesaid, no compensation shall be charged, either by the register or receiver, for making such location. [ 17. [Laws of the U. S., Statutes at Large, vol. 9, page 232.] CHAP. 49. An act explanatory of the act entitled "An act to raise, for a limited time, an additional military force, and for other purposes," approved eleventh February, eighteen hundred and forty seven. 1. Who shall be considered as " relatives," as used in the act of eleventh February, eighteen hundred and forty seven, ch. 8, to raise for a limited time an additional military force, &c. 2. Benefits of said act shall not be forfeited by privates who have been promoted: Provided such promotion has been made subsequent to the organization of the company, &c. APPROVED, MAY 27, 1848. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term "relatives," as used in the ninth section of the act entitled "An act to raise, for a limited time, an additional military force, and for other purposes," approved eleventh February, eighteen hundred and forty-seven, shall be considered as extending to the brothers aid sisters of those persons whose services, under that act, may have entitled them to the land therein provided; the order or priority of right, however, shall remain as declared in that act; and those failing, the right shall accrue, fourthly, to the brother or sister, or in equal proportions to the brothers and sisters of the deceased, as the case may be. SEC. 2. And be it further enacted, That the benefits of the said act of eleventh February, eighteen hundred and forty-seven, shall not be construed as forfeited by the privates and non-commissioned officers who have been, or may be, promoted to the grade of commissioned officers during their service in Mexico, and who shall have subsequently fulfilled the condition of their engagements: Provided, Such promotion shall have been made subsequent to the original organization of the company, corps, or regiment to which such privates and non-commissioned officers may have belonged. L 18.] [Laws of the U. S., Statutes at Large, vol. 9, page 239.] CHAP. 71. An act making appropriations for the payment of revolutionary and other pensions of the United States for the year ending the thirtieth June, one thousand eight hundred and forty-nine. 1. Revolutionary pensions: Invalid pensions: For widows and orphans: For half tSPpt.EMENTt 653 pay penslons to widows and orphans: Arrearages. 2. Proviso in act of seventh May, eighteen hundred and forty-six, ch. 13, repealed. APPROVED, JtNE 26, 1848. Svc. 1, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of June, one thousand eight hundred and forty-nine, For revolutionary pensions, under the act of the eighteenth of March, one thousand eight hundred and eighteen, in addition to an unexpended balance remaining in the treasury of eighty-three thousand eight hundred and seventy-sever dollars and forty-three cents, fourteen thousand one hundred and and twenty-two dollars and fifty-seven cents. For invalid pensions, under various acts, two hundred and sixty thousand dollars. For pensions to widows and orphans, under the act of the fourth of July, one thousand eight hundred and thirty-six, in addition to an unexpended balance remaining in the treasury of one hundred and fifty-one thousand one hundred and fifty-six dollars and thirty. six cents, thirty-two thousand eight hundred and forty-three dollars and sixty-four cents. For pensions to widows, under the act of the second Pebruary, eighteen hundred and forty-eight, in addition to the unexpended balance of two hundred and sixty-three thousand seven hundred and twenty-nine dollars and eighty-seven cents remaining in the treasury of a former appropriation for the payment of pensions, under the act of seventeenth June, eighteen hundred and forty, four, one hundred and thirty-six thousand two hundred and seventy dollars and thirteen cents. For half-pay pensions to widows and orphans, payable through the Third Auditor's office, in addition to an unexpended balance remaining in the treasury of eight thousand seven hundred and ninety dollars and four cents, nine thousand five hundred dollars, For arrearages prior to the first of July, one thousand eight hundred and fifteen, payable through the offices of the Second and Third Auditors, in addition to an unexpended balance of three thousand two hundred and one dollars and forty-five cents, eight hundred dollars. Sec. 2. And be it further enacted, That the proviso to the second section of the act entitled "An act making appropriations for the payment of revolutionary and other pensions of the United States for the year ending the thirtieth June, one thousand eight hundred and forty-seven, and for other purposes," approved May seventh, eighteen hundred and forty-six, be, and the same is hereby, repealed. 654 SUTPPLEMEPNT. [19.] [Laws of the U. S., Statutes at Large, vol. 9, page 240.] CHAP. 74. An act giving further time for satisfying claims for bounty lands, and for other purposes. Time for satisfying claims for bounty lands extended. APPROVED, JUNE 26, 1848. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congrsess assembled, That the act of the second session of the twenty-ninth [twenty-seventh] Congress, chapter sixty-nine, entitled'An act to provide for satisfying claims for bounty lands for military services in the late war with Great Britain, and for other purposes," approved July twenty-seven, eighteen hundred and forty-two, and also the two acts approved January twenty-seventh, eighteen hundred and thirty-five, therein and thereby revived, shall be, and the same are hereby, revived and continued in force for five years, to be computed from and after the passage of this act. [ 20o.1 [Laws of the U. S., Statutes at Large, vol. 9, page 251.] CHAP. 111. An act to revive an act authorizing certain soldiers in the late war [with Great Britain] to surrender the bounty lands drawn by them, and to locate others in lieu thereof. Certain soldiers in the late war with Great Britain may surrender the bounty lands drawn by them in Arkansas, and receive other lands in lieu thereof: Proviso; lim:itation of time. APPROVED, JULY 25, 1848. SEC. 1. Be it enacted by the Senate and House of Representac tives of the United States of America in Congress assembled, That it shall and may be lawful foir any soldier in the late war with Great Britain, to whom bounty land has been allotted and patented in the State of Arkansas, which was and is unfit for cultivation, to surrender said patent, and to receive in lieu thereof the same quantity of any of the public land subject to private entry as he may select: Provided, That before receiving such new land, it shall be proved, to the satisfaction of the Commissioner of the General Land Office, that the land so allotted and patented to said soldier is unfit for cultivation, and that said soldier has never disposed of his interest in said land by any sale of his own, and that the same had not been taken or disposed of for his debts due to any individual, and that he shall release all his interest in the same to the United States, in such way as said Commissioner shall prescribe; and such surrender and location shall be made within five years from the passing of this act. SJPVtPLEMENT. 655 [21.] [Laws of U, S., Statutes at Large, vol. 9, page 275.] CHAP. 147. An act for the relief of those pre-emption claimants upon the Miami lands in Indiana, who, by their services in the Mexican war, are entitled to bounty land. Pre-emption claimants upon the Miami lands in Indiana entitled to bounty lands may apply their warrants in payment: Provided the Government shall not be required to pay the excess, &c. APPROVED, AUGtJST 7, 1848. SEC. 1. Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That those persons who are entitled to bounty land warrants for one hundred and sixty acres, in virtue of their own services during the present war with Mexico, and who may likewise be entitled to the right of pre-emption upon the Miami lands in Indiana, under the act of the third of August, eighteen hundred and forty-six, shall have the privilege of applying their warrants in payment or part payment for the tract to which they may establish their right of pre-emption; said warrant to be estimated, when received as aforesaid, at the sum of one dollar and twenty-five cents for each acre therein contained: Provided, That in no case shall the government be required to refund any excess of the estimated amount of said warrants, over and above the price of the tract claimed to be entered; and should the tract claimed to be entered as aforesaid exceed, at the rate fixed by law, the said sum, then and in such case the balance of the purchase money of said tract shall be paid in cash. L 22.] [Laws cf the U. S., Statutes at Large, vol. 9, page 332.1 CHAP. 180. An act in relation to military land warrants. Location of certain military land warrants authorized. APPROVED, AUGUST 14, 1848. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any non-commissioned officer, musician, or private, or his Wvidow or heirs, who shall receive and hold in his own right a land warrant, issued by the Government of the United States for military service, may locate the same in on legal subdivision, on any publie land subject to private entry, taking said land at the price at which the same is subject to private entry, and reckoning the warrant at one dollar and twenty-five cents per acre for the number of acres therein contained, and paying the balance, if any, in money; but no claim shall exist on the government to pay for any balance on said warrant in money, [21.] [Laws of the United States, vol. 9, page 196.] CHAP. 284. An act to extend the time of issuing military land warrants to the offcers and soldiers of the revolutionary army, APPrROVED, JANUARY 27, 1835Be it enacted by the Senate and House of Representatives of the United States of Amer'ica in Congress assembled, That the time allowed for issuing military land warrants to the officers and soldiers of the revolutionary army shall be extended to the first day,of January, eighteen hundred and forty. OPINIONS OF ATTORNEYS GEJNERALb [1.] Free negroes enlisted in the public service entitled to bounty land and pensions, ATTORNEY GENERAL'S OFFICE, March 27, 1823. SIR: Had I been called on, a priori, to give a construction to the several acts of Congress which are the subject of Mr. Cutting's letters of the 21st May, 1821, and 30th January, 1823, of Maj. Charles J. Nourse's of the 20th January, 1823, and Mr. J, W. Murray's of' 22d December, 1822, I should have had no hesitation in expressing the opinion that it was not the intention of Congress to incorporate negroes and people of color with the army any more than with the militia of the United States. But the acts of Congress under which this body of people of color are understood to have been raised during the late war uses no other terms of description as to the recruits than that they shall be "effective able-bodied men"-[act 24th December, 1811 "for completing the existing military establishment," and act 11th January, 1812, "to raise an additional military force,"] or "free, effective able-bodied men," Lact December 10, 1814, "making further provision for filling the ranks of the army of the United States."] As either of these descriptions was satisfied by the persons of color, in question; as the recruiting officers, who were quoad hoc the agents of the United States, recruited these persons on a contract for the pay and bounty stipulated by law; as the officers of government recognize them as a part of the army, by their regular returns of this corps, who received, till the close of the war, the same pay and rations with other troops, were subject to the same military law, and performed the same military services, it seems to me that a practical construction has been given to the law in this particular, from which it is not in the power of the Government justly to depart. I think, therefore, that they ought to receive the promised land bounty.* But with*The same conclusion is equally good in the analogous claims to pensions, but has not been practically so considered. See the subjoined copy of the late Commissioner's letter to Mr. Morehead, of Kentucky. —EDs, SUPPLEMENT. 657 out some further and more explicit declaration of the purpose of Congress, I would not recommend a repetition of such contracts, on any future occasion, on laws worded like those under consideration-by which I mean not merely the three laws which I have cited, but the whole military system of the United States, militia included. The papers are returned. The Hon. JOHN C. CALHOUN. WM. WIRT. [2.] 1. The practice (by construction of the act of 31st May, 1830) of deducting invalid pension received since 3d March, 1826, condemned. 2. The act of the 21st May, 1830, does not extend the benefits of the act of the 15th May, 1828, to invalids on the pension list, who are excluded by the 3d section of that act. ATTORNEY GENERAL'S OFFICE, June 10, 1830. SIR: I have received your communication of yesterday's date, in which you inform me that, under the act entitled "An act for the relief of certain surviving officers and soldiers of the army of the revolution," it has been the practice of your department to deduct the amount of any and every pension that an officer had received since the 3d March, 1826, from the pay that he was otherwise entitled to receive under the first section of the act. And this act having been amended by an act for that purpose, approved on the 31st May last, you ask my opinion whether the last mentioned act will authorize the repayment of the Invalid Pension which may have been so deducted under the act first referred to. You desire me moreover to state whether, in my opinion, the act of' 31st May, 1830, extends the benefits of the act of the 15th May, 1828, to soldiers who, being on the invalid pension list, were excluded by the 3d section of that act? In answer to your first inquiry, I, have to state that the provisions of the act of the 31st May, 1830, are altogether prospective. It declares that the act of the 13th May, 1828, " shall not be construed to embrace invalid pensioners " —that " the pension of invalid soldiers shall not be deducted from the amount receivable by them under the said act." These enactments operate in futuro. They prescribe a rule which is to be applied to cases which may occur after their date; but do not relate to the past, or give any authority to reopen accounts which may have been theretofore settled. They require the Department to abstain from making such deductments hereafter, but do not authorize the payment of such as have been made heretofore. In reply to your second inquiry, I have to remark that the force of the act of the 31st May, 1830, seems to be directed against the PENSION OFFICE, January 31, 1849. SIR: With reference to the application presented by you, on behalf of Harry Moran, a colored man, 1 have the honor to state that there is no law -under which his claim can be allowed. Hon C. S. MOREHEAD, HO, Of Reps. J, L. EDWARDS. 49 658 SUPPLEMENT, second section of the act of the 15th May,, 1828, which is confi-r, ed to the " urviving officers of the arnmy of the retvolution in the continental line entitled to halt- pay," &c. &c., and does not extend to the non-commissioned officeris, musicians, or privates of that army. The first mentioned act, that of the 31st May, 1830, does indeed contain a provision in relation to the pension of " invalid soldiers"-but when the nature of that provision is considered, it will be seen to relate only to the persons provided for in the second section of the act of the 15thb M4ay, 1828; that is,. officers of the army of the revolution entitled to half pay, for none others had pensions which were liable to be deducted from the amount receivable under that act. If it had been intended to extend the benefit of the act of 15th 1May, 1828, to soldiers who, being on the invalid pension list, were therefore excluded by the 3d section of that act, it would have been enacted that the proviso of that section shall not be construed to extend to invalid soldiers, whetler non-commissioned officers, musicians, or privates, who may be on the pension list; but such invalid soldiers shall, notwithsta~nding, be entitled to the benefits of the said act. J. MACPHEERSON BERRIEN. To the SECRETARY OF THE TREASURY. [3.] Regulations for the admission of applicants for pensions on the pension rolls must be complied with. ATTORNEY GENERAL'S OFFICE,.Jtly 21, 1832. SIR: The President has referred to me the application of Major William Gamble, and directed me to send my opinion to the War Department. The decision at the Pension Office appears to me to be correcto -He cannot be placed on the pension list under the act of 18329 without producing the proof requited by the reggulati0on of' the W/ar Department of June 27, 183'2. W`Iihen this shall be done, I'Major bG amble may thein obtain the pension given by the late law, upon relinquishing the one he now enjoys. To THE SECRETARY OF WAR. i_. B. TANEY. [4.] Powers of attorney, or assignments of land warrants and scrip, as of contracts, discussed in their various bearings, and conclusions modified according to facts and circumstances; but may be stopped to satisfy public debt of claimants. ATTORNEY GENERAI'S OFFICE, A1)pr1 23, 1836. SIR: In your letter of the 30th ultimo, after alluding to the cir5The above opinion, though addressed to the Secretary of the Treasury, has a bearing on the proper execution of invalid pension laws afteri'a,Crds under the direction of' the Secretary of War; now of the Secretary of the Interior.-[EDsS.] SUPPLEMENT. 659 c,.umstances which led to the general employment of attorneys in fact, by persons having claims under the act-of the 30th May,!830, for the relief of certain offcers arnd soldiers of the Virginia line and navy, and of the conti.n6ntal arny, during the revolutionary war; and informing me that where, the character of the attorney is unexceptionable, it has been the invariable practice to deliver to himn the scrip, when prepared, that he might settle his agency with his principal, leaving it to other tribunals to scrutinize, when necessary, the merits of disputed contracts, you state the following case: " Recently, a case is presented where a first attorney, having established the services of a captain, and proved the identity of his heirs, obtained for them a land warrant, and filed it in the proper office; after which, those heirs executed another power of attorney, and the substitute of that attorney has demanded the scrip prepared in the case, denying the correctness of the practice that has prevailed, and appealing from the decision of the Commissioner of the General Land Office as erroneous." With a view of disposing of this case, and of deciding as to the accuracy of the practice objected to, you request my opinion on the following point: "Whether a contract with heirs, by which an attorney undertakes to establish their right to the bounty of the Gosvernment, for a specified portion of what he may get, vests such an interest in the attorney that his authority cannot be abrogated without cause, and as ought to be recognized and enforced here?" The first section of the act of the 30th May, 1830, treats the land warrants previously granted as assignable; but the proviso to the fourth section enacts "that all certificates or scrip to be:ssued in virtue of any warrant hereafter to be granted, shall be issued to the party originally entitled thereto, or his heir or heirs, devisee or devisees, as the case may be." It appears, fron the papers in the case on which your question arises, that the land warrants which are now the subject of dispute were all granted to the heirs of Captain Joseph Mitchell, after the 30th of May, 1830.:Your question musit, therefore, be decided by this law: by its provisions, if they meet the point in controversy; by its spirit, if- it be not expressly provided fIr. So much, at least, is certain: the scrip to be issued in this case must be made out in the na-nmes of the heirs or devisees of Captain Mitchell, the party originally entitied. They are also the persons to whom, or to whose order, it is primafacie to be delivered. But, although it is plain that land warrants granted after the 30th of May, 1830, cannot be assigned in such manner as to pass the legal title to the assignee, and to authorize the making out of the scrip in his name, yet I am of opinion that third persons may, by purchase and by other means, acquire an equitable interest in such warrants, and in the scrip to be issued thereon; in other words, there may-be a valid equitable assignment of an interest in the subject. The case put in your question is one of this nature. I perceive no legal objection to a contract with heirs, by which 660 SUPPLEMENT. an attorney undertakes to establish their right to the bounty of the Government, for a specified portion of what may be recovered, provided it be fairly made. Agencies of this sort grow out of the'very nature and circumstances of these cases; and when fairly made and faithfully executed, they are, no doubt, highly beneficial to the parties intended to be provided for by the act of Congress~ In every such instance, the attorney or agent must be regarded as having a vested equitable interest in the land warrants, and in the scrip to be issued thereon, which cannot be abrogated by the party'with whom he has contracted, and which the appropriate courts of equity will, no doubt, protect and enforce. To a certain extent, equitable interests of this nature may and ought to be recognized and protected in your department. Where the existence and extent of such interests are not disputed by the party originally entitled, the scrip, though made out in the name of such party, may be delivered to the equitable as-, signee. Where the party originally entitled is not before the department, except as represented by persons claiming by equitable assignments from him, I think the department may look into their respective claims, not with a view of adjudicating thereon, (for it has no judicial power in the premises,) but for the purpose of ascertaining whether the claims, or either of them, are of such presumptive validity and fairness as to make it discreet and just to deliver the scrip, or any part thereof, to either or both the contending parties. Your question, however, looks to an entirely different case: it supposes a contest between the equitable assignee and the party originally entitled, his heirs and devisees; and when you ask whether the interest of the former ought to be recognized and enforced here, I understand you as inquiring whether so much of the scrip as may be required to satisfy that interest ought to be delivered to him, notwithstanding the objections of the other party. This question will be satisfactorily answered by a proper regard to the meaning and effect of the word issued in the provisions above quoted. What, then, are we to understand by that word, as used in the statute? Does it merely mean that the certificates or scrip shall be made out orfilled up in the name of the party originally entitled? and if it be so made out and filled up, may it yet be delivered, without his consent, and notwithstanding his remonstrances, to a party claiming under a contract some interest therein? or does it also require its actual delivery to the party originally entitled? The word itself is of equivocal import. In common parlance, and in its legal use, it sometimes means the making out and sending forth of a writ, order, address, or other document, without including the idea of the delivery thereof to any person in particular. At other times, as when we say that a writ was issued to the sheriff, or an order issued by the commanding officer to one of his inferiors, we usually mean, not only that the writ or order was sent forth, but that it actually reached the party to whom it was SUPPLEMENT. 661. directed. The word itself being thus ambiguous, we must recur to the design and spirit of the provision; or, as the old common lawyers technically expressed it, we must look at the old law, the mischief, and the remedy, and give the word such an interpretation as will most effectually suppress the mischief and advance the remedy. By the old law, as recognised in the first section, these land -warrants were assignable; and when an assignment had been made, the certificates or scrip were accordingly to be made out in the name of the assignee, and, as matter of course, were also to be delivered to him. The mischief of this state of things was, that the party originally entitled was sometimes induced to execute an assignment of his interest, upon an inadequate consideration, or perhaps without any consideration whatever. The remedy proposed by Congress was to render the title of the party originally entitled inalienable as between the Government and himself, so that the legal title should, at all times, remain in him; leaving all persons who might, under contracts with him or otherwise, have equitable claims thereon, to look to his own honor and good faith, or to the aid of the courts, for the satisfaction of those claims. It is obvious that if' the scrip be delivered to a person claiming as an assignee, or otherwise in hostility to the party originally entitled, the latter will, in some respects, be subjected to the very mischief which the proviso was intended to suppress. The restricted interpretation of the word issued is therefore to be avoided; and, for the like reason, we must give to that word the most comprehensive definition of which it is susceptible. In other words, the scrip, if delivered at all, must be delivered to the party originally entitled, his is heirs, devisees, or other agent, as contradistinguished from all persons claiming an interest, as assignee or otherwise, by contract with such party. Whenever, therefore, the party originally entitled, or his representatives, and an attorney or other persons claiming an interest by contract in the warrants, and in the scrip to be issued thereon, are both before the department, and each demands the scrip, I am of opinion that, if it be issued from the department, it must, according to the true spirit and meaning of the act of Congress, be delivered to the former. But I think, also, that in all cases where the department sees that the just claims of other persons will be liable to be defeated by such delivery of the scrip, it may lawfully suspend the actual delivery until the claimant can have time to apply to a court of equity for an injunction. If he make out such a case as to procure an injunction, it will be proper in itself, and conformable to the usages of the department in analogous cases, to retain the scrip until the rights of the parties can be judicially determined, and then to deliver it to such person as the court may direct. I find, among the papers before me, some allusion to my opin 662 SUPPLEMEI NT. ion in the case of Triplett. It is proper to observe, in respect to, that opinion, that my attention wals not called to the effect of the proviso above considered; nor was any doubt suggested in the case as stated to me, in respect to the power and duty of the department to take notice of the interest of Triplett, under the contract with Rice. It was assumed by the deparltment, that, had not Triplett been indebted to the Government, the scrip for his share must have been delivered to him. and the question referred to me was, whether it could be retained for the Government, debt. I held that this could be done, and, on the principles of this opinion, I should still come to the same result. If the proviso applied to the case, still it was obvious that Triplett had an equitable interest in the scrip; anld thoat was enough to justify the United States in withbald ing the share to which he was equitably entitled, until his debt to them should be fully satisfied. To the Hon. LEVI WOODBURY, B. F. BUT LER. Secretary of the Treasury. [5.1 Doubtfhl claims deemed to be proper subjects for reference to Congress in which the views of the Auditor of the Treasury are confirmed. ATTORNEY GENERAL'S OFFICE,.Jhne 18, 1836. SIR: Pursuant to the request contained in your letter of the 21st ultimo, in which you ask my opinionl on the legality of the course pursued by the Auditor in the case of the heirs of Doctor Kennedy, I have the honor to state, that I have examined the report of the Auditor, and the settlement made by him, and have not discovered any violation of the lawv therein. The act of the 25th May, 1832, "for the relief of the heirs of Doctor Samuel Kennedy," required the accounting officers of the Treasury " to settle and adjust the accounts of the heirs of Doctor.Sanmuel Kennedy, and allow to -hem seven years' half pay for their father's services as surgeon in the revolutionary war, who died in the service on the twenty-eighth day of June, one thousand seven hunand seventy-eight, to be paid out of any money in the Treasury not otherwise appropria1ed." The Secretary of the Treasury, on an appeal to him in June, 1832, reversed the decision of the Auditor, and decided that, according to the true construction of this law, the half pay should -be estimated according to the pay Doctor Kennedy was entitled to receive at the time of his death. in accordance with this rule- (which was much more liberal to the heirs than the one proposed by the Auditor,) the latter subsequently stated the accounts and adjusted the balance, which was fully paid, to the amount of $5,110. It now appears, from the memorial transmitted to me with the other documents in the case, that, in addition to the seven years' half pay already received, the heirs claim an allowance for the actual services of Doctor Kennedy, for the whole period of his ser sUPPLEMENTr 663 Vices, (about two years and a. half,) accordinlg to certain rates of pay stat.ed in the nmemorial, and amounting in the whole to 93,120, and also interest thereon at six per cent. from the 28th June, 1778, to the present time. In relation to the additional claims, the Auditor observes, in his report, that the accounting officers 6" are not competent to make, with propriety, any father allowance, except such as Congress may see fit specially to authorize and direct." I cannot find any sufficient ground for overruling this opinion; and as it is peculiarly fit to refer all doubtful cases of this nature to the legislative authority, my conclusion is, that the decision of the Auditor ought not to be disturbed. To the SECRETARY OF THE TREASURY. B F. BUTLERt [6.] Congress having resolved that the claim of the representatives of Churchill Gibbs was provided for by the act of July 5, 1832, and the House of Representatives having again resolved to that effect, after the executive department had decided otherwise, it is now the duty of the executive department to liquidate it. ATTORNEY GENERAL'S OFEICE, M6arch 27, 1849. SIR: In the case of the representatives of Churchill Gibbs, re-ferred to this office, I am of opinion that, both Houses of Congress having, on the 12th of January, 1848, resolved that the claim was provided for by the act of July 5,1832, and the House of Representatives having done so again at the last session, after the executive department had, more than once, maintained a different cloctrine, I am of opinion that a proper deference to the legislature demands that their construction should be adopted. That a claim should be rejected by the Executive because Congress had not, in its opinion, provided for it, and the claimant be referred to the latter for relief, and, going there, be referred back to the Executive by Congress, because, in their opinion, they had provided for it by the existing laws, and that it should still be disallowed, would, in my opinion, be a reproach upon the justice of the government, which it is not only in the power, but the duty, of the Executive to prevent. Without deciding, therefore, upon the frst of the two questions submitted, I am very clear that, upon the ground included within the second question, the claim should be liquidated. REVER1DY JOHNSON. Hon. THOMAS EWING, Secretary of the Interior. [7.] The acts of Congress of 3d March, 1835, and 12th August, 1848, are legislative interpretations of the act of 5th July, 1832, and the expressions of opinions that it was the purpose of the third section of the act of 1832 to provide for Virginia commutation'claims for half pay, as well as for those for half pay. Those legislative interpretations and opinions are binding on the Executive, and require the allowance of the present claim. ATTORNEY GENERAL'S OFFICE, IJarch 27, 1849. SIR: If the question presented by the case of the reprcsent;a 664 SUPPLEMENT. tive of John M. Gait, which you have referred to this office, were a new one, and depended alone on the third section of the act of the 5th July, 1832, I should entertain little or no doubt upon it. I should have construed that section as embracing all claims of a like character with those included within the first and second sections, not prosecuted to judgment and paid, or prosecuted to judgment. These consisted, amongst others, of claims for commutation as well as half pay. It would seem to be singular that Congress should provide for claims sued to judgment, and not intend, although apparently meaning to do so, to cover all such claims as Virginia was responsible for, and could be sued for and made to pay, and should, by the imperfection of the terms adopted, fail to include all. But the question, as far as that act alone is concerned, is not, according to the practice of this office. to be considered an open oneo My predecessors entertained a different view of the act, and have more than once so decided. But, although this is the rule of the office, yet when Congress have afterward expressed an opinion in conflict with that of the office, it has been considered as in the nature of a legislative interpretation, which becoming courtesy to the legislative department of the government requires the Executive to observe. In this case I think there is such an interpretation. The doubt under the act of 1832 was, whether commutation claims were provided for by its third section. When the opinion of Attorney General Taney was given, he does not seem to have had his attention brought to the law of Virginia of' the 16th December, 1790, (13 Henning, 13i,) under which, as I think, her courts decided that the officers referred to in that law were entitled to commutation. The judgments against her for such claims were not, I think, given by way of compromise, but of right, arising under this act of 1790. This opinion, also, was prior to the act of Congress of 3d March, 1835, (it was given 21st IM\arch, 1833,) which evidently contemplates commutation claims, and was of course prior to the act of 12th August, 1848, making appropriations for the civil and diplomatic expenses of the Government, by which eighty-one thousand two hundred and seventy-three dollars and seventeen cents were appropriated "for repayment to Virginia of money plaid by that State, under judgments of her courts against her, to revolutionary officers and soldiers and their representatives, for half pay and commutation of hall pay," &c. These two acts, in my judgment, are to be considered legislative interpretations of the act of 5th July, 1832, and as the expression of an opinion by Congress, with whom the propriety of paying the claims altogether rests, that it was the purpose of the third section of the act of 1832 to provide for commutation of half-pay as well as half-pay. I think this should be, and is, binding on the Executive; and, of course, that the claim in the particular case should be allotwed. Hon. THOMAs EWING, REVERDY JO!HNSON. Secretary of the Interior. SUPPLEMENTo 665 [8.] Although the acts prescribing the duties of Attorneys General do not declare the effect of their advice,* it has been the practice of the departments to heed it. It has been found greatly advantageous, if not absolutely necessary, to have uniformity of action upon analogous questions and cases; and that result is more likely to be attained under the guidance of a single department constituted for the purpose, than by a disregard of its opinions and advice. Acts of Congress granting relief in special cases, and referring claims to the Second Auditor, confer upon him a jurisdiction exclusive of any other department; and where one Auditor settles such accounts, his successors are bound by his decisions. ATTORNEY GENERAL'S OFFICE, /May 8, 1849. SIR: In the matter of the claim of the representatives of George Fisher, made under the act for their relief of the 12th of April, 1848, the two questions you have submitted to this office I have duly considered. They are these: First, is the opinion of a former Attorney General upon the decision of the late Second Auditor obligatory upon the present incumbent? and, secondly, ought interest to have been allowed under the act of Congress referred to? First, the duties of the Attorney General are prescribed by the judiciary act of 1789, and are, "to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments." The act does not declare what effect shall be given to such advice and opinion, but it is believed that the practice of the government has invariably been to follow it. This has been done from the great advantage and almost absolute necessity of having uniform rules of decision in all questions of' law in analogous cases-a result much more certain under the guidance and decision of a single department, constituted for the very purpose of advising upon all questions, and with supposed special qualifications for such a duty. In my opinion this practice should be considered as law. * By the following it appears Mr. Butler concurred with Mr. Johnson that the opinions of Attorneys General are advisory only; and adds, that they are to be declined when sought at the instance of a claimant in a case that has been decided by the Department having jurisdiction; and this authority of the Auditor's is pronounced conclusive by several preceding opinions: FEBRUARY 12, 1836. SIR: On the receipt of your letter of the 25th of November last, I gave to the case of George VW. Walker, therein stated, a cursory examination; but being much occupied at the time by more pressing calls, and being, moreover, strongly inclined to concur in the views taken by the officers of your department, and confirmed by yourself, and thinking it possible that a more attentive consideration might lead to a different result, I suspended the case for that purpose. Having now resumed the investigation of the subject, and referring more particularly than I had before done to its actual posture, I find myself constrained respectfiully to decline giving an official opinion upon it, inasmuch as it appears to have been decided and definitively disposed of by the department on the 12th of November last, after very full consideration, upon grounds then and still believed by it to be indisputable, and to be referred to me solely in compliance with the request of the claimant. I cannot undertake to give an efficial opinion on the question proposed to me, without assuming that this office possesses a revisory jurisdiction not conferred upon it by law. To the SECRETARY OF TEE TREASURY. B. F. BUTLER. 66 SUPPLEMENT. By reference to the act giving relief in this case, it will be.seet that the whole subject of the claim is submitred to the exclusive judgment of the Second Auditor. No other department has any jurisdiction over it. His judgment was made absolute. By the last report of that officer he did allow interest, and the interest, with the principal then allowed, has been paid the claimants. This, in my judgment, decides the question as to the title to interest under the act. The Auditor thought-whether correctly or not, is (and I express no opinion upon it) not submitted to methat such was the meaning of the law. His successor, under another rule perfectly well settled, has no right to disregard the decision. He is bound to esteem it a correct one. (The Undited States vs. Bank of the Metropolis, 15 Pet., 377.) Hon. WM. M. MEREDITH, REVERDY JOHNSON. Secretary of the Treasury. DECISIONS OF THE DEPARTMENT. [1.1 This grants the period of five years, as established by courts of equity, at the expiration of which no appeal can be taken against the adjudication of any claim in the Pension Office: occasion by an appeal to the Secretary of the Interior after the lapse of eighteen years, by the heirs of Thomas Murray, deceased; from the review of which, by the Secretary, the following is an extract, showing by the documents on file that the deceased was not a quartermaster, as alleged by the heirs or their agent, and could not at any time have established the claim set up. DEPARTMENT OF TIE INTERIOR, I arch 11, 1852. Upon an examination of the case of Thomas Murray, 1 find that on 2d August, 1833, he was pensioned at the rate of two hundred and fifty-five dollars and eighty-twxo cents, which he received regularly up to the time of his death, which occurred on the 11th June, 1836. During this time there was, no complaint that the allowance was not made in conformity with law, or that the applicant was not pensioned according to his true military rank. In May, 1851, an application is submitted on behalf of the representatives of the deceased pensioner for an increase of the amount of pension, claiming the difference between what he received and what he was entitled to according to his rank of quartermaster. The proper time to make this question was in 1833, when the pension was allowed. If injustice was done, Mr. Murray, who was then living, must have known it, and he should have sought redress by an appeal. The whole case was presented, and if the decision of the Pension Office was wrong, the means of redress were afforded by an appeal. No appeal, however, was taken, and the pensioner acquiesced in the action of the Commissioner of Pensions. After the lapse of eigtheen years the descendants of the pensioner, in substance, ask for an appeal from the decis SUPPLEMENT. 667 ion in which their ancestor, who was personally ignorant of the justice or injustice of it, acquiesced without a complaint. It is true the application is not in form ah appeal from that decision, but'it is in substance, and the disguise of making the application in the form of' a petition for an increase, and appealing from the refusal to grant it, is too thin to conceal its true character. In all courts of law and equity there are limitations, varying in diftferent States (but in none, I believe, exceeding five years) to the right of appeal from a judgment. By analogy I think this limitation should be adopted in the Pension Office, and in no instance should a case be reviewed after five years, unless upon the discovery of new evidence not accessible to the party by due diligence at an earlier day. Acting on this rule I should unhesitatingly affirm the decision of the Commissioner of Pensions. But it it were a new case, presented for the first time, I should feel constrained to reject it. It is alleged that the pensioner was a quartermaster. If so, where is the evidence of it? Such appointments were not made verbally. There was some written authority from the superior officer. None such is exhibited. On the contrary, all the documentary evidence in relation to his appointment shows that he was appointed keeper of a depending post. The, nature of that appointment appears from the extract of the letter from Major Clairborne, ilnl which he says "to lir. Win. IfcCrenze, Deputy Quarternaster, your making NewV London a depending post on account of the artificers and public works that are carried on there, has my approbation. As to the agent you have appointed to influence it," he has no knowledge. It was rather as a superintendent of artificers than as a nmilitary officer, and his pay was not as a military officer at so much per month, but as a civil employee at $2 per day. The evidence is fully reviewed in the report from the Pension Office, and I do not deem it necessary to do more than say that I entirely concur in the conclusions of the Commissioner. In all cases hereafter, where there has been a final adjudication of more than five years standing, I would advise the Commissioner not to disturb it, unless upon the most clear and satisfactory proof of the discovery of new evidence which would justify a court of equity in granting a bill of' review. It is better that there should be some cases of hardship to individuals than that litigation should be interminable and the time of the officers of the Government wasted in the re-examination of adjudicated cases. ALEX. H. H. STUART, Secretary. 668 SUPPLEMENT. 2.] Arrears of pensions due to revolutionary [or any ot1ier] pensioners, [not claims that never have been pensioned,] may be paid to widows or orphans, or their guardians for their benefit, but not to administrators or executors of the deceased pensioner-such ar-'ears not being assets. l DEPARTMENT OF THE INTERIOR, March 17th, 1852. SIR: Upon an examination of the question presented in your report of the 17th October last, in relation to the payment of arrears of pension to " personal representatives" in the cases of Maddox Fisher and John Phillips, I have to inform you that I entirely concur in the views expressed by you in your report, and that therefore your decision in those cases is affirmed, of which you will please advise Mr. V. Ellis, the attorney for the claimants. ALEXANDER H. HE. STUART, JAMES E. HEATH, Esq., Secretary. Commissioner of Pensions. [Copy of the report affirmed by the above. The references in brackets will be found in this volume.] PENSION OFFICE, October 17, 1851. SIR: After some unavoidable delay, I have the honor to return herewith Mr. Ellis's letter of appeal in the cases of Maddox Fisher, deceased, and of John Phillips, deceased-not deeming it necessary to send over the cases themselves, since the applicant correctly states that a point of law alone is involved in them. In both arrears are due, and in both an administrator is the claimant, there being neither widow nor children in existence. The act of 2d March, 1829, [p. 146, No. 99,] provided that arrears of pension due to any revolutionary pensioner at the time of hlis death should be first paid to his widow; if no widow, to his children; and if neither widow nor children, then to the legal representatives. This enactment seems to have been rendered necessary by the omission in the acts of 1818 and 1828 to provide for the distribution of such arrears. The act of June, 1832, which introduces a totally new system of pensions, prescribes also a new rule upon the subject. Arrears under it are made payable to the widow, and if there be no widow, to the children. Had this act merely provided for the payment of a debt already existing, Congress would have no power to interfere with the State laws prescribing the distribution of personal assets; but as pension is the mere creature of that body, it undoubtedly had the right to affix to it any descendible quality it judged expedient, and no authority can be found for admitting to its benefits any class of persons not expressly named. The naming of one set of heirs is an exclusion of all not named. Under this act, therefore, an administrator could never have been recognised by this office as a claimant, until the act of June 19th, 1840, permitted it to be paid to him " for the sole use and benefit of the children, to be distributed among them in equal shares, SUPPLEMENT. 669 and never to be regarded as assets." If there be no children, the purpose for which the administrator is allowed to claim the arrears can never be answered; and the reason ceasing, the law ceases also. Were any other construction adopted, it would involve the absurdity of constituting the administrator the heir of his intestates, to the exclusion of collaterals-for there is no one in existence to whom the law requires the money to be paid by him, and it never can be employed as assets in liquidating the debts of the decedents. This view of the subject is in accordance with that expressed by Attorney General Mason in the case of Paulina Le Grand, [July 14, 1846, p. 436, No. 94;] and though there are some precedents of an opposite character, the opinion of Mr. Mason is sustained by Messrs. Poinsett and Woodbury, Secretaries of War and of the Treasury, [p. 491, No. 35,] and by others of acknowledged ability on pension laws. See also the opinion of Secretary Marcy in the case of Elizabeth Cragie, [p. 510, No. 53.] I am informed that this decision was at first dissented from, but afterwards concurred in by Secretary Ewing.* J. E. HEATH, Commissioner. Hon. A. H. H. STUART, Secretary of the Interior. FORMS OF DECLARATIONS FOR INVALID PENSIONS. In compliance with the promise made at page xxIII of the introduction, we insert here, for the use of claimants and agents, three forms of declarations, for military, naval, and privateer pensions, which have been drawn according to the most appropriate analogies, and will, whether embracing every possible particular or not, be found to be better than no guide at all, in the presentation of such claims. It will readily be conceived that, although these three Declarations, in their blank form, are almost identical with each other, it is the filling up of; those blanks which constitute their appropriateness to the particular service they are intended to apply. For the want of a similar "order" in the War Department to that derived from the Navy Department, inserted at page 584, [No. 26,] ante, concentrating, in the form of three certificates, the purport of the following extracts from the " Army Regulations," we could do no better than to give those extracts in full, to subserve the same general purpose here for which that "order" Mr. Ewing's opinion, on a similar occasion, seems somewhat to vary this question of the right of the legal representative or administrator, by looking to the common law for a 1" personal representative" as the claimant entitled. [See p. 519, No. 77, of this work.] But the " personal representative" at common law, (not being the widow or child of the deceased pensioner,) might be liable to the objection that " a pension is not assets," and therefore cannot be claimed by him.-Eas. 7 0 SUPPLEMENT. of the Navy Department was introduced in its place, as above referred to. Extracts from the "Army Regulations of 1847." [The following extracts show where the official evidences of "death," "ordinary disabilities," and " disabilities for pensions," in the military service, may be found.] "Deceased officers." 203. Whenever an officer dies or is killed at any military fort or station, or in the vicinity of the same, it will be the duty of the commanding officer to report the fact to the Adjutant General, with the date, and any other information proper to be communicated. If an officer die at a distance from a military post, any officer having intelligence of the same, will, in like manner, communicate it, specifying the day of his decease. " Deceased soldiers." 206. * X + When a soldier dies at a post or station absent from his company, it will be the duty of his immediate commander to * * forward to the commanding officer of the company to which the soldier belongs, a report of his death, specifying the date, place, and cause, &c." "Field returns-Deaths, &c., in battle." 959. Reports relative to battles, or an affair in which loss may be sustained, will always be accompanied by a separate return of the killed, wounded, and missing, in which the name, rank, and regiment of each officer and soldier will be specified, with such remarks and explanations as may be requisite for the records of the Department of War, or be necessary to establish the just claims of any individual who may have been wounded, or of the heirs and representatives of any killed in action, taking care to specify the nature of the wound, the time and place of its occurrence, the company, regiment, or corps, and the name of the captain, colonel, or other commanding officer. "Certificate of ordinaly disability." 223. Whenever a non-commissioned officer or soldier shall be incapable of performing his duties in consequence of wounds, disease, or infirmity, and recommended to be discharged, the senior surgeon of the hospital, regiment, or post, shall furnish his captain with a certificate of disability, pursuant to form 16 of the Medical Regulations, for his approval or remark; which certificate of disability, with the descriptive certificate properly filled up and signed by the captain, will be forwarded by the commanding officer of the post, (with such remarks as he may deem requisite,) to the Adjutant General, for final decision at headquarters. 224. If the recommendation for the discharge of the invalid be approved, the authority therefor will be endorsed on the "' certificate of disability," whieh will be sent back to be completed and signed by the commanding officer, who will return the same to the Adjutant General's office.'; Certificate for pension." h25. When a non-commissioned officer or soldier shall be recommended to be discharged in consequence of wounds or other injuries received while actually in the service of the United States, and in the line of his duty, and which disable him fi-om obtaining his subsistence, his commanding officer shall certify the time, place, and manner of receiving such wound or disability; if wcounded in, action, state the fact, and name the part wounded; if otherwise injured and disabled, describe the circumstances, the manner of receiving the injury, and the kind of duty int which the soldier was engaged at the time. And the senior surgeon of the hospital, regiment, or post, upon obtaining sufficient evidence of the facts, shall furnish duplicate certificates for pension, agreeably to form 17, Medical Regulations; which duplicate certificates and descriptive certificate annexed thereto, properly filled up and signed by the captain, shall be transmitted by the commanding officer of the regiment or'post, with such remarks as he may deem requisite, to the Adjutant General, one of which shall be retained for the files of his office, and the other be sent to the Pension office. 226. The requisite authority for the discharge of an invalid soldier on application,for a pension, is the same as in the case of ordinary disability.-(See 224.) SUPPLEMMENTo 671. LI.] [Declaration of an applicant for a military invalid pension.] STATE [TERRITORY, OR DISTRICT] OF -'? County [Parish, or City] of On this day of, one thousand eight hundred and fifty. personally appeared before me, (a.), a justice of the peace within the county and State aforesaid, (b.), a resident of (c.), in the State of (d.), aged (e.) years, who being first sworn according to law, doth on his oath make the following declaration: That he is the identical (f.) who was a (g.) in the military service of the United States; that he (h.) on the (i.) day of (i.),in the year of (i.) at (i.), in the State of (i), in the [Here the applicant must describe the branch of the military service in which he was engagerd, whether in the regular army of the United States, or Stale corps of any denomination in the service of the United States; also rhe rank or capacity in which he served, the name of the captain of the company, the colonel of the regiment, or other higher officer, under whom he served; and also the battle, engagement, or other occupation in the line of his duty in which he incurred or contracted his disability, setting forth in concise terms the nature aid continuance of the disease, or the location, nature, and continuance of the injury.] And he further states that he was honorably discharged, as may be seen by the discharge herewith, [or explain its absence,] on account of said disability, upon the surgeon's "certificate for a pension,"* and recommending a discharge as may be found reported by the commanding officer approving the same, on file inl the Adjutant General's Office at Washington; for the existing degree and continuance of which disability he requests a medical survey. He makes this declaration for the purpose of being placed on the invalid pension roll of the United States, and of obtaining the pension to which he may be entitled under the act of (j.), granting pensions to persons disabled in the military service of the United States. [Signed.] A** B**3*. I certify that the foregoing declaration was sworn to before me, this day of,18 Ca D*m*, J. P. STATE OF ) County of' ss I,, clerk of the court of, in and for the said county, do hereby certify that [C** D***], Isq, whose name appears to the foregoing certificate, was, at the time of signing the same, an acting justice of the peace, (or other officer,) within and for the said county, duly commissioned and qualified according to law, and that, as such, full faith and credit are due to his official acts. In testimony whereof I have hereunto set my hand, and affixed the seal of our said court, at, this day of 185 [L. S. C] *C C***, Clerk of (a.) Here insert the name of the magistrate (or other person) authorized to administer oaths. (b.) Here insert the name of the applicant in full. (c. d.) Here insert the name of the place, and the State, of his residence. (e.) Here insert his age, as nearly as may be. (f.) Here repeat the name of the applicant. (g.) Here stale the ranlk, or capacity in which he served. (h. i.) Here state his enlistment, or other mode of entering the military service, the time and place as nearly as may be. (j.) Here insert the title and date of the act under which the applicant claims a pension. X If the claimant was discharged on the surgeon's " certificate of ordinary disability" not then deemed sufficient to justify a surgeon's " certificate for a pension," and nevertheless the disability has continued or increased, he must so state the facts in the declaration, and modify that paragraph accordingly, and request that a " medical survey" or examination of the disability may be ordered, to ascertain and report the degree of existing disability, which will govern the rate of pension he may be entitled to. See these three forms at page 585, ante, observed in the naval service, which are here referred to merely for the information of the claimant or agent, as identical with those observed under like circumstances in the military service. 672 SUPPLEMENT, [2.] [Declaration of an applicant for a naval invalid pension.] STATE [TERRITORY, OR DISTRICT] OF County [Parish, or City] of On this day of, one thousand eight hundred and fifty personally appeared before me (a.), a justice of the peace within the county and State aforesaid (b.), a resident of (c.), in the State of (d.), aged (e.) years, who being first sworn according to law, doth on his oath make the following declaration: That he is the identical (f.) who was a (g.) in the naval service of the United States; that he (h.), on the (i.) day of (i.),in the year of (i.) at (i.), in the State of (i.), in the rHere the applicant must describe the branch of the naval service in which le was engaged, whether at a navy yard, or on board a ship, naming the same; also the rank or capacity in which he served, the nr me of the commanding officer under whon l he served, andl the engagement, or odher occupation, in the line of his duty, in which he incurred or contracted his disability-setting forth in concise terms the nature and continuance of the disease, or the location, nature, and continuance of the injury.] And he further states, that he was honorably discharged, as may be seen by the discharge herewith, [or explain its absence,] on account of said disability, upon the surgeon's " certificate for a pension,"* and recommending a discharge, as may be found reported by the commanding officer, approving the same, on file in the Navy Department at Washington; for the existing degree and continuance of which disability he requests a medical survey may be ordered. He makes this declaration for the purpose of being placed on the medical invalid pension roll of the United States, and of obtaining the pension to which he may be entitled, under the act of (j.), granting pensions to persons disabled in the naval service of' the United States. [Signed.] A** Ba *. I certify that the foregoing declaration was sworn to before me, this day of 185. C D % TJ. 2P. STATE OF County of SS. I,, clerk of the court of, in and for the said county, do hereby certify, that [Cw* Do**,] Esq., whose name appears to the foregoing certificate, was, at the time of signing the same, an acting justice of the peace, [or other officer,] within and,for the said county, duly commissioned and qualified, according to law, and that as such, full faith and credit are due to his official acts. In testimony whereof I have hereunto set my hand, and affixed the seal of our said court, at, on this day of, 185 [L. S.] C Ca***, Clerk of (a.) Here insert the name of the magistrate (or other person) authorized to administer oaths. (b.) Here insert the name of the applicant in full. (c. d.) Here insert the name of the place, and the State, of his residence. (e.) Here insert his age, as nearly as may be. (f.) Here repeat the name of the applicant. (g.) Here state the rank or capacity in which he served. (h. i.) Here state his enlistment, or other mode of entering the naval service, the time and place as nearly as may be. (j.) Here insert the date and title of the act under which the applicant claims a pension. *If the claimant was discharged on the surgeon's "certificate of ordinary disability," not then deemed sufficient to justify a surgeon's " certificate for a pension," and nevertheless the disability has continued or increased, he must so state the facts in the declaration, and modify that paragraph accordingly, and request that a n"medical survey," or examination of the disability may be ordered, to ascertain and leport the degree of existing disability, which will govern the rate of pension he may be entitled to. See these three formns at page 585, ante, which are here referred to for the infbrmation of the claimant or agent. SUPPLEM ENT. 673 [Declaration of an applicant for a privateer invalid pension.] SThTr] TERRITORY, OR DISTRICT] OF -County,[Parish, or Cityl of On this day of, one thousand eight hundred and fifty.personally appeared before me (a.), a justice of the peace within the county and State aforesaid (b), a resident of (c.), in the State of (d.), aged (e.) years, who being first sworn according to law, doth on his oath make the following declaration-: That he is the identical (f.) who was a (g.) in the privateer service of the United States: that he, (h.) on the (t.) day of (i.),in the year of (i.) -at (i.), in the State of (i.),in the [HIere the applicant rnust state the name and class of the private armed ship, drily commissioned, on board,of whichi hi served; also the rank or capacity in which he served, the name of the officer in command, and'the engaemnentl, or other occupation, in the line of his duty, in whlicr he incurred or contracted his ilisability-settin tforth in concise terms the nature and continuance of' the disease, or the location, nature, and continuance of thle injury; and make due reference to the " transcr7ipt'" from the " journai" of the commandtfng officer, commnic6atedl to the,ecret;ary of the Navy, iin pursuarce of the requirements of the 3d and 4th sections of' the act of the 13th February, 1813.,1 IHe makes this declaration for the purpose of being placed on the privateer pension roll'of the United States, and of obtaining the pension to which he may be entitled, under the act of (j.) gtranting pensions to persons disabled in the privateer service.of the United States. [Signed] A" B*-*. I certify that the.foregoing declaration was sworn to., before me, this- day of,185. Ce D*";'*- J. P. STATE OR'County of s. I,, clerk of the court'of, in and for said county, do hereby,certifs that [Ca* D.*.*] Esq., whose name appears to the foregoing certificate, was, at the time of signing the same, an active justice of the peace, [or other officeri,] within and for the said county, duly commissioned and qualified, -according to law, and that as such full faith and credit are due to his official acts. In testimony whereof I have hereunto set my hand and affixed the seal of our said court at on this day of 185 C C***, Clerk of -. (a.) Here insert the name of the miagistrate (or other person) authorized to admintis'ter oaths. (b.) Here insert the na me of the applicant in full.'(c. d.) Here insert the name of the place, and the State, of his residence. (e.) Here insert his age, as nearly as may be. (f.) Here repeat the name of the applicant. (g.) IHere state the rank, or capacity in which he served. (h. i.) H{ere state his enlistment, or other mode of entering the privateer service, the time and place as nearly as may be. (j.) Here insert the date and title of the act under which he claims a pension. [DZ When widows or orphans, or the guardians of the latter, claim pensions in conse= quence of the death of the husband or father disabled or killed in the military, naval, matine, or privateer service, a reference to the proper reports, on file in the War or Navy Department, would greatly facilitate the action on their claims. g[[ We would further remark here, in continuation of our remarks at pages 17-20, of the Introduction, that if the pension branch of the War Department, after the battle of the Waba-sh, or when the State authorities were no longer required to authenticate and transmit invalid claims to the Department, had adopted the form of oath prescribed by Congress to be taken and subscribed by claimants before a magistrate or justice of the peace, (to be seen in article -8, of the resolution of June 7, 1785S, page 11, ante,) as the basis for substantiating their claims, it would in a great degree have anticipated and provided against the embarrassments occasioned by the entire omission of the customary guide of a " declaration' in presenting invalid claims thereafter. An; ARMY AND NA~YY PAY AT DIFFERE'NT PERIODS Those divisions of our pension system which grant pensions according to the rates of the monthly pay which the soldier, the seaman, the marine, or the privateer, might be entitled to receive ~at the time the service in question was rendered, necessarily call for a knowledge of such rates of pay which the parties were entitled to receive in those respective branches of service at the time of said service, for which they or their legal representatives claim a pension. In some instances Congress overrules, or makes exceptions to, those fixed rates of pay established at different periods in the different branches of the military and naval service, It is to afford every facility of making estimates of pensions in those different branches, as well by claimants and agents as by the Pension Office itself for every fraction of a month, down to a single day, that the following " TABLES OF PAY " are here introduced, from the most authentic sources. But the exceptions above alluded to, should always be kept in view, as varying the rates of pension in such cases. Those of the regular army throw themselves under three periods, viz: 1. During the revolution, to the end of the war in 1783, 2. During the war of 1812, to the end of that war in 1815. 38 During the period subsequent to that war, coming down to 1852.:The schedules of pay for the two first periods are taken from the report of Nathaniel Fry, esq., of the Pay Department, as found in the "Americanl State papers." The third schedule of pay is taken from the Army Register of 1852. It will be found by comparing the tables of those periods, that the pay did not vary so much as to make a material difference in the rates of pension which those of the military service, or their widows, orphans, or legal representatives, might be entitled -to receive under the contingencies accruing. To exhihit the comparison of these rates in one general table, was found to be imprace ticable, because the denominations of officers for those periods did not sufficiently correspond to accomplish that desirable oLject. The rates of monthly pay in the naval service are, from the nature of the subject, in some degree parallel with those of the army, but more brief as to periods of time, throwing themselves into two periods only: 1. The first period, for the want of materials to make an estimate of the variations of navy pay from the beginning to the year 1813, is here unavoidably assumed to be represented by the rates of that year, taken fi omm the authentic pay table of the "accountant of the Navy Department," for the year 1813. 2. The rates of the second period, also gradually varying from 1813 to 1835, are taken firom the pay table of the " Navy Register," for the latter year 1835; which register had been'printed (annually) by order of the Secretary of the Navy, in compliance with a resolution of the Senate of August 2, 1813;" so that this series of registers show whatever variations took place in ARMY PAY. 675 the rates of navy pay anterior to 1835. The table of that period here given is a schedule of the half pay instead of the fuill-pay; so arranged, for the use of the pension office in estimating pen. sions, probably very soon after the passage of the act of the 3d March, 1837, fixing the half-pay of 1835, as the basis of navy pensions to be allowed thereafter. It only remains to explaia why Congress, in 1837, fell back upon the rates of pay in force on the 1st January, 1835, for which see note at page 682. (American State Papers, Military Affairs, vol. 1,pp. 792-93.) PAYMASTER GENERAL'S OFFICE, October 24, 1818. SIR: Conformably to your letter of the 6th instant, I have the honor to transmit you statements showing the monthly pay and emoluments of the troops of the United States. 1st. At the close of the Revolutionary war in the year 1 783; and 2d. At the close of the late war with England, in the year 1815. The first I have elicited exclusively fiom the thirteen volumes of journals of the old Congress, from the 5th September, 1774, forward; and as the subject is involved in some considerable obscurity, from the firequent repeals and reorganizations which took place respecting the armry, sometimes partial and sometimes total, I cannot be answerable that it is perfectly correct; it is the best, however, that the materials afford, the time allowed, and my other duties have permitted me to make, and I hope may not prove unacceptable. To Hon. J. C. CALiuoUe, Sec. NPar. NATHANIEL FRY, Jun. Ch. Cl'k. The following are the schedules of MONTHLY PAY (emoluments and allowances omitted) of the Army at the close of the Revolutionary war, in the year 1783; and of the Army, at the close of the late war with Great Britain, in the year 1815; and of the Army, as at present organized, according to the Army Register of 1S52: 1. Pay of the Army at the close of the war, in 1783. [1. The pay thus marked (*) in schedules 1 and 2, is an addition to such officers pay in the line, from which they are required lo be taken in each instance. 2. (t) No ardjttant to the corps of engineers, and no payaymaster to the corps of artillery or regiment of dragoons: In their respective corps, &c., they receive $10 in addition to their pay as suzbalterns. 2. (W) Officers of the ransgers whoe mousnted, receive the same pay, &c., as dragoon officers; when nott neZited, the same pay as infantry officers. The blanks in the pay columns show that there are are no such officers in those corps, in the last, section of table 2, page 677.J Ranll or Grade. Pay per month. Rank or Grade. Pay per month. Major general.......................... $166 Assis't inspector for separate army... $10* Aid-de-camp........................... 50 Paymaster general, ($t4,000, curBrigader general of cavalry......... 156~ rency of the day.)................ 150 Brigader general. 125 Dep. paymaster gen'l., and asst. dep. Aid-de-camp.................. 50 paymaster gen'l, 8-10 per cent. on Brig. maj. ofcav'ry, artil'ry, or inf'ry 50 the money they disburse. Brigade quartermaster................. 15 Dep. paym'tergen. for Sou h'n army 75 Brigade chaplain........................ 50 Dep. paymaster gen'l for maita army 75 Quartermaster general................. 1663 Assistant paymaster general.......... 70 Dep. qr. m'r gen. with South'n army 125 Director of,;hospital....... 102 Do. do. do. do. main army.... 75 Deputy director of hospital and phyAssistants, each..........................30 sician.............................. 100 Comm'ry of forage fonr main army... 60 Surgeon.................................. Do. do, for South'n army 60 Apothecary and purveyor............. 92' ago master..........60 Deputy apothecary and purveyor.... 59 Dep. wagon master for South'n army 50 Mates, each. 42! Wagon conductor....................... -20 Stewards, each................... 31 Director of artificers................... 40 Ward masters, each. 21 Sub-director of artificers.............. 26 Commissary general of mitlitary Adjutant general.............. 125 stores, $1,000 per annum. Deputy adjutant general.............. 75 Assistants, or superintenclants, to be Assistant adjutant general............ 50 taken from officers of the armyAss. deputy adjutant general........ 50 lno additional pay. Clerk to adjutant general............ 40 Field commisFary of military stores.. 550 Inspector general........... 300 Dep. field commis'y of military stores 40 His Secretary............................ 50 Conductor or clerk.................... 30 Inspector for separate army......... 30* Commis's of prisoners for army, each 75 676 ARMY PAY. Rank or Grade. Pay per month. Rank or Grade. P-ay per molritth' Assistant commissaries of prisoners Colonel of cavalry............ i........ $934, for army, each.. $,40 Lieutenant colonel........... 75 Commiss'y of marine prisoners, alias Major. 60 dep. with seperate army, $1,200 Captain................................. 50 per annum. Lieutenant............................... 33} Geographer to the main army....... 60 Cornet................................... 26-} Geographer to Southern department 60 Riding master (not commissioned).. 33Assistant geographer................... 30 Paymaster of battalion.......... 25? Chain-bearer............. 15 Adjutant of battalion................... Judge advocate......................... 75 Quartermaster of battalion............ Dep. judge advocate fior Southern ar- Surgeon of battalion.. 60 my (taken from offic's of' the line) 60 Surgeon's mate.......................... 40 Pep. judge advocate, (in same army Quartermaster sergeant............... 15 with judge advocate,) in addition Sergeant........................... 15 to pay in the line...:.............. 15* Trumpet major.......................... 11t Clothier general, $5,000 per annum. Trumpeter............................. 10 Deputies-(compensation fixed by Saddler.............................. 10 clothier general.) Farrier.......................... 10 Surveyor of ordinance.................. 40 Corporal........................ 10 Inspector of rations, &c., for South- Dragoon................... 8 ern army.............................. 1662 Colonel of infantry.................... 75 Inspector of do. &ec., for main army 166% Lieutenant colonel.................... 60 Captain of engineers................... 50 Major........... 50 Lieutenant...........33 Captain............. 40 Sergeant............................... 10 Captain lieutenant..................... 26s Corporal..9 lieutenant........................ 26Private................... 8% Ensign............................... 20 Colonel of artillery.........100 Paymaster and clothier................ 30 Lieutentant colonel........ 75 Adjutant.................... 13 Major..................................... 62 Quartermaster........................ 13* Captain.................................. 50 Surgeon.................................. 59 Captain lieutenant...................... 33% Surgeon's mate......................... 40 First lieutenant......................... 33% Sergeant major.......................... 10 Second lieutenant... 33% Quartermaster sergeant............... 10 Paymaster and clothier................ 30* Sergeant............. 10 Adjutant.................................. 16 Drum major 9 Quartermaster......................... 16 Fife major............................ 9 Surgeon............. 59 Drummer................................. 7Surgeon's mate.......................... 42 Fifer.. 7 Sergeant major.... 11 Corporal............................... 7 Quartermaster sergeant.... 11%1 Private.................................... 6% Fife major................................ 10% Captain ofprovosts................... 50 Drum major...... 10% Lieutenant 33% Serume antr............................... 10 Clieutek..................................... ~~~~~~~~~33~ Sergeant.10 Clerk.. 33} Bombardier.... 9 Quartermaster sergeant.............. 15 Corporal............................ 9 Sergeants............................... 15 Gunner-............ 828 Trumpeters............................. 10 Drummer..................... 8 Corporals................................ 10 Fifer................................ 8 Executioners........................... 10 Matross.............................. 8% Provosts or privates................ 8 2. Pay of the Army at the close of the war, in 1815. Major general.........., $200 Adjutant general.. $9...........0...... Sec. to general commanding army.. 24* i Inspector general......... 75 Aid-de-camp to major general....... 24* Assistant inspector general............ 60 Brigadier general............. 104 Topographical engineer............. 60 Aid to brigadier general............... 20* Assistant topographical engineer.... 40 Brigade major........... 24* Paymaster general................. 166% Brigade chaplain.......................50 Deputy paymaster general............ 50 Judge advocate 50 Assistant deputy paymaster general. 30* Adjutant and inspector general..... 104 I District paymaster................ 50 ARiY PAY.67'Iank or Grade. Pay per month. Rank or Grade. Pay per month. Assistant district paymaster......... $40 Third lieutenant of ordnance........ $30 Quartermaster general................. 104 Master armorer of ordnance......... 30 Quartermaster General................. 75 Master carriage-maker ofordnance. 30 Deputy quartermaster general........ 60 Master blacksmith of ordnance...... 30 Assistant deputy quartermaster gen'l 40 Armorer of ordnance..... 16 Principal wagon master..........4.. 0 Carriage maker of ordnance.......... 16 Wagon master.......................... 30 Blacksmith of ordnance............... 16 Assistant forage master............... 30 Artificer of ordnance................... 13 Conductor of artillery.................. 334 Laborer of ordnance........... 9 Principal barrack master............ 40 Physician and surgeon general...... 208~ Deputy barrack master....... 30 Apothecary general..................... 150 Commissary general of purchases... 250 Assistant apothecary.,.................. 45 Deputy commissary of purchases, 24 Hospital surgton............ 75 per cent. on disbursements. Hospital surgeon's mate............ 40 Super. general of military supplies 250 Steward of hospital................ 20 Special commiss'y of milit'y supplies:60 Ward master of hospital.... 16 Asst. commiss'y of military supplies 60 Garrison surgeon........... 45 Superintendant of artificers.......... 45 Garrison surgeon's mate............... 30 Assistant superintendant of artificers 30 Professor of natural & experimental Master workman of artificers......... 30 philosophy.....60......... 6 Under woikman of artificers......... 16 Asst. professor of do. do.............. 4 Colonel of ordnance....... 90 Professor of mathematics............. 50 Lieutenant colonel of ordnance....., 75 Asst. professor of mathematics...... 40 Major of ordnance...................... 60 Professor of the art of engineering... 50 Captain of ordnance.................. 50 Asst. professor do. do... 40 First lieutenant of ordnance.......... 334 Teacher of the French language.... 40 Second lieutenant of nrdnance....... 334 Teacher of drawing................... 40 Rank or Grade ofofficers of all military Corps of Lit'ht Corpsof Light ]tf' andI anigers] Sea fencorps. Engin's /[nf'try. Artill'y. Drag's. iifleen, cibles. ooinnel.. $75 90 $90 $90 075 Lieutenant colonel................. 60 75 75 75 60 Mad~jor,,....,........................50 60 60 60 50 Adjutant and paymaster, each. lot, 10 I 0lot lot 10t. Quartermaster.... 10 10 0 10. Surgeon..... 60... 60 60 sulgeon's mate,,.....................,.,,,,,45.....45 45 Sergeant 1major... 12........... 12 12 Quartermaster sergeant.............. P 1 2 12 12 12 Principal musiciaa........ 11 11 I1 Captain./.,.,.,........ 40 50 50 50 40 50. 40 First lieutenant..................... 30 334 33 33 30 33 30 Second lierienant.. 25 334 334 334 25 331 25 Do. and conductor of artillery........ 33. Third do. do. do.......... 30 30 30 23 30 23 Cornet...........................2...26 2...... Ensign...................................... 20 26......... Riding master.....6.................................. Master of the sword..... 26............... Cadet of military academy........... 1.......... Sergeant............................... 11 1i1 11 11' ".................. Corporal..10 itt 10 10 10 Ma~~~~usicianl,.,. 9 9 9 9 9......... Corporate................................. 18 I 1........ Musiinne f d.;........1.........l...,.....l...~ ~., m ~ Private.................. 8 8 88 Boatswain of sea fensibles...... 20 Gunner of do....... 20 Quarter gunner of do................ 18 Men of do. do........ 12 Driver of artillery... 8................... Artificer.................. 13.......... 13. 13 13 Farrier...................... 13 13 Blacksmith.,.....................................1 13......... 678 ARMIY PAY. 3. Pay of the Army, according to the pay table of 1852. Rank or Grade. - Pay per month. Rank or Grade. Pay per monthl Major general........................... $200 Col. of engin'rs, topographical eng. Aid-de-camp, in addition to pay, &c. ordn'ce, drag'ns, or m'ted riflemen $90 of lieutenant........................ 24 Lt. col. of do. do. do. do. do. 75 Brigadier geneal.................... 104 Major of do. do. do. do. do. 60 Aid-de-camp to brigadier general, in Captain of do. do. do. do. do. 50 addition to pay, &c. of lieutenant 20 Lt., 1st & 2d, do. do, do. do. 33-. Adjutant general........................ 90 Adj. of drag. in addition to pay, &c. Asst. adj. gen'l, with rank of It. col. 75 of lieutenant..10 Asst. adj. gen'l, with rank of major.. 60 Regimental qr. master of drag., in Asst. adj. gen'l, with rank of captain 50 addition to pay, &c., of lieut...... 10 Quartermaster general................. 104 Serg. maj. of drag. or m't'd riflemen 17 Inspector general................ 90 Q'rmaster serg. of drag. do. 17 Assistant quartermastergeneral...... 90 Chief bugler of do. do. 17 Deputy quartermastergeneral........ 75 First sergeant of do. do. 16 Quartermaster.60 Sergeant of' do. do. 13 Assistant quartermaster............... 50 Corporal of do. do. 10 Paymaster general,,$,500 per ann. Bugler of do. do. 9 Deputy paymaster general............ 75 Far. & blacks'h of do. do. 11 Paymaster.60 Private of do. do. 8 Commissary general of subsistence.. 90 Master armorer, master carriage maAsst. commiss'y gen'l of subsistence 75 ker, master blacksmith, of ordn'ce 30 Commissary of subsistence with rank Armorer of ordnance.................. 16 of major............................... 60 Blacksmith of do.................. 16 Commissary of subslstence,with rank Carriage maker of do.................. 16 of captain.............................. 50 Artificer of do. 13 Asst. commissary of subsistance, in Laborer of do.................. 9 addition to pay, &c., of lieutenant 20 Hospital steward, at a post of more Surgeon general, $2,500 per annum. than four companies, pay of ordSurgteon of 10 y'rs. serv. in that grade 60 nance sergeant,........ 18 Surgeon, less than 10 years' service 60 Hospital steward, pay of first. serg't 16 Asst. surgeon of 10 years' service... 50 Matron................................ 6 Asst. surgeon of 5 years' service.... 50 ARTILLERY AND INFANTRY. Asst. surgeon, less than 5 years' Colonel................................ 75 service........................ 333 Lieutenant colonel.60 Prof. of natural and experimental Major.............................. 50 philosophy............................ 75 Adj., in addition to pay, &c. of lieut. 10 Asst prof. of do. do.............. 50 Regimental quartermaster, in addiProfessor of mathematics and com- tion to pay, &c., of lieutenant.... 10 mander of corps of cadets, each... 60 Captain................................ 40 Assistant professor of mathematics. 50 First lieutenant.......................... 30 Professor of engineering............. 60 Second lieuteant....................... 25 Ast. prof. of engineering and instruc- Cadet................................ 24 tor of practical engineering, each. 50 Sergeant major.......................... 17 Professor of chemistry, mineralogy, Quartermaster sergeant............... 17 and geology........................ 60 Principal musician of infantry........ 17 Asst. prof. of chemistry, mineralogy, First sergeant.......................... 16 and geology, and asst. prof. of Ord. serg., in addition to pay, ofserg. 5 ethics, each.......................... 50 Sergeant................................. 12 Chaplain and professot Of ethics..... 60 Corporal.............................. 9 Teacher of French language......... 50 Artificer of artillery............... 11 Teacher of drawing................... 50 Musician................................ 8 Master of the sword.462 Private......................... 7 Military storekeeper, clothing dep't, SAPPERS, MINERS AND PONTONIERS. $1,250 per annu. Segeant........ 30 Storekeeper of ordnance at arsenals Corporal................................ 16 of construction, $1,250 per ann. Musician............................. 8 Storekeeper of ordn'ce, $800 per an. Private, of the 1st class.......,..... 13 Chaplain not to exceed.. 40 Private, of the 2d class............... 9 NAVY PAY. 69 The following are schedules of the IMONTHLY PAY, (omitting rations and allowances,) in the Navy, during two periods, viz: 1st-to the year 1813; 2d-to the year 1835; which latter are made permanent; showing, also, the pay allowed to the several grades of officers of the Marine Corps, and engineers, expressed as half-pay, for the convenience of estimating pensions. 1. Pay of the offcers, -c., of the Navy, for the period ending in 1813. Rank or Grade. Pay per month. Rank or Grade. Pay per month. Captain of a vessel of 32 guns and Midshipmen.............................. $19 upwvards...$,............,.......... g 100 Master's mate........ 20 Captain of a vessel of 20 and under Captain's clerk.......................... 25 32 guns................................ 75 Boatswain's mate..................... 19 Master commandant.......... 60 Cockswain.............................. 18 Lieutenant........................ 40 Yeomen of the gun room............. 18 Lieutenant commanding.............. 50 Quarter Gunner........................ 18 Chaplain...-................ 40 Quartermaster..... 18 Surgeon......................... 50 Carpenter's mate.. 19 Surgeons mate................. 30 Armorer................................ 18 Master................................... 4 Cr40 Steward.18 Purser....,.,..,,................,...... 40 Cooper.18 Boatswain l................................20 Master-at-arms........................ 18 Gunner. ~~~~~C......................... 20 Cook..................................... 18 Sail-maker........................... 20 Seaman............... 12 Carpenter.......................... 20 Ordinary seaman.....10...... 10 2o Half-pay per month of officers, (c., of the Navy, for the period ending with 1835. Navy. Monthly pay. Navy. Monthly pay. Captain.................. $50 Stewards (all kinds).9 Commander, or Captain of main, or fore top, or foreMaster commandant, and.......... 30 castle 7 Lieut. commanding, Captain's clerk........................ 12 Lieutenant....................... 25 Purser's clerk.......................... 12~ Sailing master or master...... 20 Ship's corporal.......................... 7 Passed midhipman................... 12- 1 Seamen................................. 6 Midshlipmlan............................. 9L Ordinary seaman......5............... 5 Surgeon, $35 or 30-27~, or 25, ac- Landsman............................... 4 cording to length of service. Boy................. 3 Passed asst. surgeon, $22~, or $17, MARINE coaRPs. according to length of service. Colonel........... Assistant surgeon...................... 15 Lieut. Colonel......30.............. 30'uiser..................................... 20 Major.................... 25 Chaplain............... 20 2Captain..20'ilot..................................... 20 Lieutenant (1st and 2d)............... 15 Master's mate.......................... 10 Orderly sergeant........................ 8 ounlner................................... 10 Sergeant 6 Gurnner's mate.. 9 Corporal................................. 4 Boatswain........................ 10 Private.................................... 3 Boatswaih's mate....................... 9~ Musician............................. 4 Carpenter................................ 10;ENGINEERS. Carpenter's mate............. 9~ iEngineer-in-chief...................... Sailm iker............................... 10 Chief engineer.................. 25 Sailmaker's mate -..... 9~ 1st assistant engineer.................. 15 Master-at-arms......................... 9 2d do. do..... 10 Armorer................................. 9 3dc do. do................... 10 Cook................ 9 Firemen, (1st and 2d class)........... 6 Cockswain..................... 9 Coal Heavers. 6 680 NAVY PAY. Pay Table of the offcers!c., of Mhe Navy, under the act of 2d ll arch, 1835, frowe Navy Register of 1852. ~GR~ADE. ~ On leave 0 Navy Yards Sea service. Of the Fleet. ~~~~GRA~DE. waiting or or other duty. ders. CAPTAINS — Seniorcaptain.....13,500 00[ 4,500 001$4,500 00............ Captains of squadrons..-................,,4,000 00......... Other captains. 2,500 00 3,500 00 3,500 00........... COMMA DES............................1,800 00 2,100 00 2,500 00.......... LIEUTENANTS commanding.... 1,800 00............. Other lieutenants............... 1,200 00 1,500 00 1,500 00-....6... SURGEONS-lst five years after date of commission... 1,000 00 1;250 00 1,333 33 11,500 00 2d five years after date of com~~mission...1,200 00 1,500 00 1,600 00 1,800 00 3d five years after date of commission.......... 1,400 00 1,750 00 1,866 66 2,100 00 4th five years after date of comm1issit-(..on.... 1,600 00 2,000 00 2,133 33 2,400 00 twenty years and upwards.... 1,800 00 2,250 00 2,400 00 2,700 00 PASSED ASsiSTANT SURGEONS................ 850 00 1,150 00 1,200 00.,AtSISTANr SUITOONS.....,,1..4 650 00 950 00 950 00........... PURsERS-of ships of the line....3,500 00. - of frigates or razees.... 3,000 00............. of sloops or steamers of 1st clas......................... 2,000 00. of brigs, schooners, and steamers, less than 1st class...15....... 1,500 001 of.aval station, California.................. 3,000 00... ofnavy yards and receiving ships at Boston, New York, and Norfolk, and navy yard at Pensacola...........................2,500 00.... of navy yards at Portsimoutnh, Phila. and Washington....... 2,000 00.............. of naval stations within the U. S., and at other places......... 1,500 00... 1st five years after date of corn. 1,000 00............. 2d five years after date of com. 1,200 00.... 3d five years after date of comrn. 1,400 00.,.... 4th five years after date of com. 1,600 00.... twenty years and upwards... 1,800 00............ CHKA~PLAINS~~....~..~.. 800 00 1,200 00 1,200 00. PROFESSORS OF MATHEMATICS.............. 800 00( 1,500 00 1,500 0(........... PAssED MlIDSHITIEN........................... 600 00 750 09 750 00.. M tIDSnIPMEN.trea................ te300 00 350 00 400 00........... MAsTERS —in ships of the line....1............,100 00....... other masters.....,... 750 00 1,000 00 1,000 00............. MASTER'S MATES, (warranted.)............... 300 00 450 00 450 00........... BoATSWAINs-of ships of the line............................... 800 00........... of navy yards at Boston, N Y., Norfolk, & Pensacola...... 800 001.......................... on other duty..........700 00 700. for 1st ten years service...... 500 00............ after 1st ten years service.. 600 00......................... GUNNERS, CARPENTERS, same as boatswains..................... SAILIA]IERS, CHIEF ENGINEERS —lst five years............. 1,200 00 1,500 00 1,500 00........ after five years........... 1,400 00 2,000 00 2,000 00............ FIRST ASSISTANT ENGINEERS.................. 850 00 1,000 00 1,000 00............ SECOND ASSISTANT ENGINEERS.......... 600 00 800 00 800 00. THIRnD ASSISTANT ENGINERRS............... 400 00 600 00 600 00. NATVY PAY. 681 Grade Pay per ann'm. Grade. Pay per month. Navy agents, commis. not to exceed..$2,000 Mates —gunner's...................... $19 Temporary navy agents.carpenter's..................... 19 Naval storelkeepers.........................sailmaer's. 15 Officers of navy, on for'gn stations 1,500 armoers................ 15 Engineer-in-Chief........... 3,000 Master-at-arms................... 19 Naval constructors.................... 2,300 Ship's corporals................. 15 Agents for inspection, &c. of hemp.. 1,000 Coxswains..................... 18 preserv. of live oak timb. 1,000 Quartermasters.......................... 18 Secretaries to commanders of squad- Quarter gunners........................ 15 ronlls, when commanding in chief. 1,000 Captains of forecastle.................. 18 Do. do. not commanding in chief.. 900 tops........................ 15 Clerks of yards, or of corn. of yards 900 afterguard.15 second to command's of yards 750 hold.............. 15 to commanders of squadrons. 500 Coopers................................. 15 to captains of fleets and corn- Painters........................... 15 manders of vessels........... 500 Stewards-ship's.24 or assts. to pursers in ships of officer's................. 1S the line........................ 700 surgeon's.................. 18 in frigates and navy yards, at Cooks-ship's.......................... 18 Boston, N. Y., and Norf'k 500 officer's.................... 15 Pay per month. Masters of the band.................... 18 Yeomen-in ships of the line........ 40 Musicians-first class................ 12 frigates.......-...... 35 second class............. 10 sloops.................., 25 Seamen.................... 12 smaller vessels.............. 18 Ordinary seamen........................ 10 Armorers-in ships of the line...... 25 Landsmen............................... 9 firigates................... 20 Boys................................ 6 to 8 sloops....... 15 Firemen-first class................... 30 Mates —Master's, (not warranted).. 25 second class................. 20 boatswain's.................... 19 Coal heavers.......................... 15 Table showing the pay allowed to the several grades or qfficers of the iiarine Corps. Grade. Pay per month. Grade. Pay per month. COLONEL COMMANDANT................. 75 CAPTAINLIEUT. COLONEL- Commanding a guard in receiving At sea or on leave................. 60 ship or squadron-of 20 years' Commanding........................ 60 service.............................. 40 MAJoRs- FIRsT LIEUTENANTSAt sea or on leave................... 50 At sea or on leave-of 20 years' Commanding....................... 50 service....>................... 30 STAFF CAPTAINS — At sea or on leave-of 15 years' Adjutant and inspector............ 60 service............................ 30 Pay and q:artermasters, each..... 60 At sea or on leave-of 10 years' STAFF LIEUTENANTS- service..., 30 Assistant quartermaster............ 50 Oa shore duty-of 20 yrs. service 30 CAPTAINS- On shore duty-of 15 yrs. service 30 At sea or on leave —of 30 years' On shore duty-of 10 yrs. service 30 service............................ 40 Commanding guard in receiving At sea or on leave-of 25 years' ship or squadron-of 15 years' service.......................... 40 service....30.................. 30 At sea or on leave —of 20 years' Commanding guard in receiving service....................... 40 ship or squadron-of 15 years' On shore duty-of 30 yrs. service 40 service.............................. 30 On shore duty-of 25 yrs. service 40 Commanding guard in receiving On shore duty-of 20 yrs. service 40 ship or squadron-of 10 years' Commanding a guard in receiving service.......................... 30 ship or squadron-of 30 years' SECOND LIEUTENANTSservice.......................... 40 At sea or on leave-of 10 years' Commanding a guard in receiving service.2...................... 25 ship or squadron-of 25 years' At sea or on leave-of 5 years' service....,...,.......,,,,.. 40 service.. 25 682 NAVY PAY. Grade. Pay per month. Grade. Pay per month. SECOND LIEUTENANTS- Commanding guard in receiving At sea or on leave-of less than ship or squadron-of 10 years' 5 years' service.25 service.................... $25 service............. $25 On shore duty-of 10 years ser- Commanding guard in receiving vice................................. 25 ship or squadron-of 5 years' On shore duty-of 5 years ser- service.............................. 25 vice............................... 25 Commanding guard in receiving On shore duty-of less than five ship or squadron-of less than years' service...................... 25 5 years' service................... 25 NOTrE.-On the 3d March, 1835, Congress passed "an act to regulate the pay of the navy," by which the emoluments, rations, and allowances of all kinds were consolidated into one gross aggregate or annual salary. But as the pension laws previous to 1835, had uniformly fixed the rates of pensions by the rates of pay in either branch of the service, it became necessary to guard against the possible construction of this law so as to authorize the making the new rates of pay a new basis for the rates of navy pensions, which would have given new pensioners an average in nearly to 20 times the amount from the day of its passage that they would have been entitled to the day before. We have added the tables of pay fixed by that act, to make the contrast more striking. BOUNTY LAND ACT OF MARCH 22, 1852. From a wish to place everything connected. with bounty lands or pensions, in the possession of claimants, agents, and others interested, we avail ourselves of the opportunity, at the last moment., to append this act, with the forms and instructions relating to its execution, issued partly from the General Land Office, and partly from the Pension Office. AN ACT making Land Warrants assignable, and for other purposes. 1. All warrants issued, or to be issued, under any law, for military bounty land, declared to be assignable, under regulations of the General Land Office, and may be used in payments for lands sold. 2. Assignees or holders to pay to registers and receivers the same pay for locating said warrants, to which they are entitled for locating public lands when sold. 3. Registers and receivers entitled to receive from the Treasury like fees for like locations already performed, with certain exceptions and qualifications. 4. Militia, volunteers, or State troops, who have been called into service, and have been paid by the United States, since the twenty-eighth June, eighteen hundred and twelve, entitled to the benefits of the act of the twenty-eighth September, eighteen hundred and fifty, upon proof of length of service therein required: The last proviso of the ninth section of act of eleventh February, eighteen hundred and forty-seven, repealed; provided, that no person having already received bounty land shall be entitled to additional bounty land by authority of this act. 5. Time consumed, at twenty miles a day, in marching to the place where mustered into service, or from the place of discharge, to be computed in the estimate of tern of service that determines the quantity of land to which the claimant shall be entitled. APPROVED, MARCH 22, 1852. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all warrants for military bounty land, which have been or may hereafter be issued under any law of the United States, and all valid locations of the same, which have been or may hereafter be made, are hereby declared to be assignable, by deed or instrument of writing, made and executed after the taking effect of this act according to such form, and pursuant to such regulations as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the warrant or location:: Provided, That any person entitled to pre-emption right to any land, shall be entitled to use any such land warrant, in payment of the same, at the rate of $1 25 per acre, for the quantity of land therein/ specified: Provided, That the warrants which have been or may hereafter be issued in pursuance of said laws, or of this act, may be located, according to the legal: subdivisions of the public lands, in one body, upon any lands of the United Stfates, subject: to private entry at the: time of such l'ocation, at the minimum price:' Provided:ftrther, That 684 BOUNTY LAND ACT. when said warrants shall be located on lands wrich are subject to entry at a greater minimum than $1 25 per acre, the locator of said warrants shall pay to the United States in cash the difference between the value of such warrants at ti 025 per acre, and the tract of land located on. SEC. 2. And be ifelfurther enacted, That the registers and receivers of the land offices shall hereafter be severally authorized to charge and receive for their services in locating all military bounty land warrants, issued since the 11th day of February, 1847, the same compensation or per centage to which they are entitled by law for sales of the public lands for cash, at the rate of $1 25 per acre, the said compensation to be hereafter paid by the assignees or holders of such warrants. SEC. 3. And be it further enacted, That registers and receivers, whether in or out of office, at the passage of this act, or their legal representatives in case of death, shall be entitled to receive from the Treasury of the United States, for services heretofore performed in locating military bounty land warrants, the same rate of corpensation provided in the preceding section for services hereafter to be performed, after deducting the amount already received by such officers under the act entitled "An act to require the holders of military land warrants to compensate the land officers of the United States for services in relation to the location of those warrants," approved MIay 17, 1848: Provided, That no register or receiver shall receive any compensation out of the treasury for past services who has charged and received illegal fees for the location of such warrants: And provided further, That no register or receiver shall receive for his services during any year a greater compensation than the maximum now allowed by law. SEC. 4. Anrd be it further enacted, That in all cases Cwhere the militia or volunteers or State troops of any State or Territory were called into military service, and whose services have been paid by the United States subsequent to the eighteenth of June, eighteen hundred and twelve, the officers and soldiers of- such militia, volunteers, or troops, shall be entitled to all the benefits of the act entitled " An act granting bounty land to certain officers and soldiers vwho have been engaged in the military service of the United States," approved September twrenty-eighth, eighteen hundred and fifty, and shall receive lands for their services according to the provisions of said act, upon proof of length of service as therein required; and that the last proviso of the ninth section of the act of eleventh of February, eighteen hundred and forty-seven, be and the s-ame is hereby repealed:'* Provided, That nothing herein contained shall authorize bounty land to those who have heretofore received or become entitled to the same. SEC. 5. And be it further enacted, That where any company, battalion, or regiment, in an organized form, marched more than twenty miles to the place where they were mustered into the service of the United States, or were discharged more than twenty IBOUNTY LAND ACT. 6 8 5 miles fromn the place where such company, battalion, or regiment was organized; in all such cases, in computing the length of service of the officers and soldiers of any such company, battalion, or regiment, with a view to determine the quantity of land any officer or soldier is entitled to under said act, approved 2Sth of September, 1850, there shall be allowed one day for every twenty miles frotm the place where the company, battalion, or regiment was organized, to the place where the same was mustered into the service of the United States; and also one day for every twenty miles from the place where such company, battalion, or regiment was discharged, to the place where it. was organized, and from whence it marched, to enter the service. FORMS AND REGUSILATIONS FOR THE ASSIGNMENT 1OF LAND WARRANTS AND LOCATIONS. / GENERAL LAND OFFICE, _M/arch 23, 1852. By the first section of the act of Congress entitled " An act making land warrants assignable, and for other purposes," ape proved March 22, 1852, it is provided: "That all warrants for military bounty land which have been, or may hereafter be issued, under any law of the United States, and all valid locations of the same9, which hlave been, or may hereafter be made, are hereby declared to be assignable, by deed or instrument of' writing, made and executed after the taking effect of this act, according to such fo'm, and pursuant to such regulations as may be prescribed by the Commissioner of the General Land Oflice, so as to vest the assignee with all the rights of the original owners of the warrLant or location." In accordance with the provisions of this section, the following forms are prescribed for the assignment of the warrants and locations referred to, to wit: [1.1 [Formn for the assignment of the warrant.l For value received, I, A. B., to whom the within warrant No. was issued, do hereby sell and assign unto C. D., of and to his heirs a:nd assigns forever, the said warran;t, and authorize him to locate the same, and receive a patent therefor, Witness my lhand and seal, this day of,185 Attest: E. F. A. B. [SEAL ] G. H. [Form of acknowledgcment where the vender is known to the officer taking the acknowledgment.] STATE OF County of On this day of, in the year, personally appeared [here insert the nan-e of the wtaorraztee] to me well known, and acknowiedged the foregoing as~ signment to be his act and deed; and I certify that the said [here insert the name of the warranteel is the identical person to who.n the within warrant issued, and who executed the foregoing assignment thereof. (Officer's signature.) 686 BOUNTY- LAND ACT. [Form of acknowledgment where the vender is not known to the officer, and his identity has to be proved.] STATE OF County of On this day of, in the year, personally came before me [here insert the name of the warrantee] and [here insert the name and residence of a witness,] and the said [here insert the name of the witness] being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said, that he well knows the said ]here insert the name of the warrantee,] and that he is the same person to whom the within warrant issued, and who executed the foregoing assignment, and his testimony being satisfactory evidence to me of that fact, the said [here insert the namne of the warrantee] thereupon acknowledged the said assignment to be his act and deed, (Ogicerjs signature.) [2.1 [Form for the assignment of the location.] For value received, I, A. B., to whom the within certificate of location was issued, do hereby sell and assign unto C. D., and to his heirs and assigns forever, the said certificate of location, and the warrant and land therein described, and authorize him to receive the patent therefor. Witness my hand and seal, this day of 185 Attest: E. F. A. B. [SEAL.] G. H. [Form of acknowledgment where the vendor is personally known to the officer taking the same.] STATE OF S County of On this day of, in the year, personally appeared [here insert the name of the person to whom the certificate of location issued] to me well known, and acknowledged the foregoing assignnment to be his act and deed; and I certify, that the said [here insert the name of the person to'whom the certificate of location issued] is the identical person to whom the within certificate of location issued, and who executed the foregoing assignment thereof. [Officer's signature.] [Form of acknowledgment where the vender is not personally known to the officer, and where his identity has to be proved.] STATE OF County of SS On this day of, in the year, personally came before me [here insert the name of the person to whom the certificate of location issted,] and [here insert the name and residence of a witness,] and the said [here insert the name of the witness] being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said that he well knows the said [here insert the name of the person to whom the certificate of location issued,] and that he is the same person to whom the within certificate of location issued, and who executed the foregoing assignment; and his testimony being satisfactory evidence to me of that fact, the said [here insert the name of the person to whom the certificate of location issued] thereupon acknowledged the said assignment to be his act and deed. (Officer's signature.) Assignment No. 1 and acknowledgment must be endorsed upon. the wrarrant, and No. 2 and acknowledgment upon the certificate of location; and must be attested by t7wo witnesses, acknowledged before a register or receiver of a land office, a judge of a court of record, a justice of the peace, or a commissioner of deeds resident in the State from which he derives his appointment; and in every instance where the acknowledgment is made before any officer :BOUNTY LAND AcT, 6A8 other than the register or receiver of a land office, it rnust be accompanied by a certificate, under sea] of the proper authority, of the official character of the person before whom the acknowledgment was made, and also of the genuineness of his signature. All assignments of bounty land warrants issued under the act of September 28, 1850, made before the date of this act, are invalid and void. The same section provides, "That any person entitled to preemption right to any land, shall be entitled to use any such land ararrant in payment of' the same, at the rate of $1 25 per acre for the quantity of land therein specified." By this provision, all persons. entitled to pre-emption, whether on offered or unoffered lands, can use a military bounty land warrant in payment for the tract pre-empted, reckoning the said war. rant at $1 25 per acre for the quantity therein specified, whether the land so claimed is at the usual or enhanced minimum. Should the area of' the tract claimed exceed the amount called for in the warrant, the pre-emptor will have to pay for the excess in cash, but if it should fall short, he is not entitled to a refunding of the excess. It is further provided by the same section, " that the warrants which have been, or may hereafter be, issued in pursuance of said laws or of this act, may be located according to the legal subdivisions of the public lands, in one body, upon any lands of the United States subject to private entry at the time of such location, at the minimum price: Provided, further, That when said warrants shall be located on lands which are subject to entry at a greater minimum than $1 25 per acre, the locator of said ward rant shall pay to the United States, in cash, the difference between the value of such warrants at $1 25 per acre, and the tract of land located on." By these provisions, where the lands are subject to private entry at $1 25 per acre, the holder of an eighty-acre warrant can take any two forty acre lots, forming a compact body of eighty acres; and the holder of a warrant for one hundred and sixty acres, can take two eighty-acre, or four forty-acre tracts, forming a compact body of one hundred and sixty acres.'Where the minimum price of the lands, subject to private entry, proposed to be located, is more than $1 25 per acre, the holder of the warrant can locate, in accordance with the instructions contained in the foregoing paragraph, the quantity specified in the warrant, by paying the difference in cash. This act does not authorize the holder of an eighty-acre war. rant to locate therewith a forty-acre tract of land at $2 50 per acre in full satisfaction thereof, but he must locate, by legal subh divisions, the compact body of eighty acres, as near as may be, and pay the difference in cash. So also of one hundred and sixty acre warrants, except in pre-emption cases, as hereinbefore stated. Each warrant is to be distinctly and separately located, so that itfollows that no body of land can be located by an assignee of 688 35OUNTY'LAND ACT. various wTarrantees, -with a number of warrants; nor can a preemptor in any case use more than one warrant in the location of the land pre-empted by him, and the excess, if any, must be paid for by him in cash. The second section of this act providess "that the registers and receivers of the land offices shall hereafter be severally authors ized to charge and receive for their services in locating all military bounty land warrants, issued since the 11th day of February, 1847, the same compensation or per centage to which they are entitled by law for sales of the public lands for cash, at the rate of $1 25 per acre, the said compensation to be hereafter paid by the assignees or holders of such warrants. The third section of this act provides,'"that registers and receivers, whether in or out of office at the passage of this act, or their legal representatives in case of death, shall be entitled to receive from the Treasury of the United States, for services heretofore performed in locating military bounty land warrants, the same rate of compensation provided in the preceding section for services hereafter to be performed, after deducting the amount already received by such officers under the act entitled'An act to require the holders of military land warrants to compensate the land officers of the United States for services in relation to the location of those warrants,' approved May 17, 1848 Provided, That no register or receiver shall receive any compensation out of the Treasury for past services who has charged and received illegal iees for the location of such warrants: A2nd provided f.ur ther, that no register or receiver shall receive for his services dluring any year a greater compensation than the maximum now allowed by law." Where parties may desire to avail themselves of the privilege of having their warrants located through this office, as p>rovided for by the act of 28th September, 1850, they must take the necessary steps to pay to the register and receiver the fees to which they are entitled. The same course must be observed by persons remote from the district land offices in malting applications by letter to those officers. Without the payment of those fees the warrants cannot be located. By the terms of this law the fees are as foliows: For a 40 acre warrant, fifty cents each to register and receiver-total... l1 00 For an 80 " one dollar E'.. 6.... 2 00 For a 160 " two dollars " 6. 6C... 4 00 J. BUTTERFIELD, Commissioner" P.- S. Numerous applications having been made for authority to sell warrants and locations under Powers of Attorney, the fo[l lowing forms are prescribed for that purpose, which, however, must invariably be endorsed on the warrant, or they will not be recoonised. 3OUTi'TYg LYAND ALCT G9 L 1.i [Form of a power of Attorney.] nIows sall men by these presents, that I, [here insert the name of earrantee] of the eounty of and State of, do hereby constitute and appoint of nmy true and lawful attorney, for me, and'in my name, to sell and convey the within land warrant No. for acres of wand, which issued under the act of Septemlnber, 1850, Signed in presence of Z S $( - r[arrantee's Sigszature.) The acknojwledgm ent of this power of attorney must be taken:and certified in the same manner as the acknowledgments of the -sales of the warrant or certificate of location herein before pre-:scribed, and mnust also be endorsed on the warrant. J. BUTTERFIELD, Conrmisionei2. PrNsMoN OFFiCE,.arch 2t7, 1852. The subjoined form of a declaration, to be, observed by all persons applying to 1the Pension 0 ffie for bouni ty land, under the act of the 22d March, 1852,9 entitled "6An act to make bounty land warrants assig'nable, and for other purposes," is published!n coanexion with the act itself. This formn is only so far variant from th;at prescribed un der the act of 28th Septlember hr, i350 as to adapt it to the recent act of Marcch 22d. The declratinc mnust. be sworn to before some justice of the peace or othier oceer authoriszed to administer oaths for general purposes, who must certify the same. The official character iand signature of thle nmagistrate who may -adrnninister the oa. th must be certified by the clerk of the proper'conrut of record of his county, under the seal of the court.. Such certficarte must accozpass.a every case. It will be perceived, that in the 4-th section of the a-ct of 22d Marchb no provision is lmade for widows or minor' children, but only for the party vwiTho rendered the snervice.'he service contemplated by the act is that rendered under a,-call by the authorities of aly State to repel apprehended hostilities froml any foreigi government or indian tribe, and w\hos ser-vices have been paid for by the United States subsequent to the 18th June, 1812. It should be specially noted that no -one whose service was recog-:nised by any previous act can claim under this, except where his mileage has not been allowed in the computation' of his service. Hence, if the soldier hns rendered such service as would entitle him to iorty acres, or any-other amount, under a previous law, he reannot claim an increased quantity for o'ther services first recognised by this act. If the applicant desires to avail himself of the fifth section of ~the act, he must, in his declaratlo,.setate the plac.te at vwhich he.5.I 690 BOUNTY LAND ACTo was enrolled with his company, the distance thence to the point at which he was mustered into service, the place at which he was discharged, and the distance thence to the place of his orighial enrolment. It must also be clearly shown, by the testimony of persons certified to be credible, that his statements in these respects are true, and the witnesses should specify the manner in which they obtained their information. J. IE. HEATH, Commissioner of Pensions~ [Form of a declaration to be made by the surviving officer or soldier. STATE OF County of ss. On this day of, A. D. one thousand eight hundred and, per-~ sonally appeared before me, a justice of the peace, [or other officer authorized to admini.ter oaths for general purposes,] within and for said county and State aforesaid, aged years, a resident of, in the State of, who being duly sworn, according to law, declares that he is the identical who was a in the company* commanded by captain, in the regiment of, commanded by in the war with Great Britain, declared by the United States on the 18th day of June, 1812, [or other wars embraced in the act, declaring what war;] that he enlisted [or volunteered, or was drafted] at, about the day of, A. D. for the term of, and was honorably discharged at, on the day of,A. D., as will appear by his original certificate of discharge herewith presented.t In addition to the actual service above described, he claims for miles from at which he was enlisted, to, where he was mustered into service, and for mriles from, at which he was discharged, to, the said place of his enrolmenL He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the "act granting bounty land to certain officers and soldiers who have been engaged in the military service of the Usfted States," passed 22d March, 1852, and that he is not entitled to, nor has received, bounty land under any other act of Congress. [Sig8nature of the claimant.] Sworn to and subscribed before me the clay and year above written. And I hereby certify, that I believe the said to be the identical man who served as aforesaid, and that he is of the age above stated. [Signature of the magistrate or other!ficer.] [ 24.] [Laws o the U. S., vol. 4, page 374.] CHAP. 344. An act authorizing the President of the United States to accept and organize certain volunteer military corps. APPROVED, FEBRUARY 6, 1812. SEc. 1. Be it enacted by the S'enate and JHouse of Representatives of the United States of America in Congress assembled, That If the claimant was a regimental or staff officer, the declaration must vary according to the facts of the case. -tIf the discharge has been lost or destroyed, the words in italics will be omitted, and the facts in relation to the loss of the discharge stated in lieu thereof. If the claimant never received a written discharge, or if discharged in consequence of disability, or if he was in captivity with the enemy,- he must vary his declaration so as to set forth the facts of the case. BOUNTY LAND ACT. 691 the President of the United States be, and he is hereby, authorized to accept of any company or companies of volunteers, either of artillery, cavalry, or infan-try, who may associate and offer themselves for the service, not exceeding fifty thousand men. - * SEc. 2. And be itfitrther enacted, That any company, battalion, regiment, brigade, or division, thus offering itself for the service, shall be liable to be called upon to do military duty at any time the President of the United States shall judge proper, within two years after he shall have accepted the same; and shall be bound to continue in service for the term of twelve months after they shall have arrived at the place of rendezvous, unless sooner discharged. e * * SEC. 6. And be it further enacted, That the heirs and representatives of any non-commissioned officer or soldier, who may be killed in action, or die in the actual service of the United States, shall be entitled to receive one hundred and sixty acres of land; to be designated, surveyed, and laid off, at the public expense, in such manner, and upon such terms and conditions, as may be provided by law.'* v [25.] [Laws of the U. S., Statutes at Lardge, vol. 9., page 444-] CHAP. 39. An act making appropriations for the payment of navy pensions for the year ending the thirtieth of.June, one thousand eight hundred and fifty-one. APPROVED, AUGUST 17, 1850. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the pay of navy pensions for the year ending the thirtieth of June, one thousand eight hundred and fifty-one: To psy invalid pensions, forty thousand dollars. To pay the pensions of invalids who were wounded on board of private armed vessels during the last swar with G-reat Britain, three thousand dollars. The Index being the first thing looked at in a work of this character, we deemed it proper here, in order to enable all to consult this with the greatest profit, to give some elucidation of its arrangement, that it may attract the readiest attention, and thereby economize the time of the inquirer, as well as save him from the fruitless search he might occasionally be subjected to without such aid. Instead, then, of the simple alphabetical arrangement of' catch words and broken phrases, that convey little or no meaning more than to enable the reader to find the subject with which such words are connected in the text of the volume, with the execution of which we had at first intended to rest content, we have, upon further reflection, concluded to give such abstracts of the various subjects as we judged would be more useful to the reader, in preparing himself to make a more satisfactory examination of the details they refer to. To carry out this object with as great efficacy as practicable, we have, with no inconsiderable labor, cast the whole, as nearly as may be, into a chronological, analytical, and alphabetical, arrangement, with the view of combining every benefit that could promise to result to the reader, from the review of such a synopsis. In the first place it must be remarked, that, taken together, the legislative enactments, as referred to under the heads of pensions to "' invalids" disabled during and since the revolution, to izdigents, and to survivors of the revolution, and their widows and orphans respectively, and also under the head of bounty lands of various periods and de. nominations, together with the supplementary acts relating to these subjects in the first part of this volume, constitute the principal and paramount matters of the work, whilst all the other items, as contained in the "6Appendix," are mere accessories to them, and may be regarded as incidents, only, connected with, and carrying out the execution of the laws providing for pensions and bounty lands. Hence, conforming to this fundamental order of principal and accessory, or primary and secondary subjects, we should present an Index of two parts —l st, an Index of the laws, or the subjects provided for in the said laws; and 2d, an Index of administrative measures, with their details of advisory opinions, decisions, instructions, and forms: and this division we have made accordingly. To the subjects however, both of PART I. and PART IT. of this Index, we have given an alphabetical arrangement, as nearly as practicable, consistently with their arrangement in classes, and according to the chronological order of their legislative enactment, or their administrative expounding and execution. Passing by the miscellaneous items, which are referred to in the simple alphabetical order, we have combined the chronological and alphabetical arrangement of the principal subjects, in classes, according to their respective denominations, as follows, viz: I. 0 E HALF PAY PLEaNsIOgs. —The "lhalfpay" for life, or its "Ccommutation" tofsill pay for seven years, to certain officers of the revolution, and extended to their widows and orphans under certain circumstances, constitute a very different kind and class of pensions from those of invalids, or of widows and orphans as heirs and representatives of deceased invalid pensionersa, or of persons killed, or who died of wounds or casualties 694 INDEX. happening to them in the line of their duty. This class of pensioners, always very limited, fall into a very simple arrangement. Remarks upon them, as gratuities, may be seen in the Introduction —where also the pensions to indigents and other survivors of the revolution, and to widows and orphans, are considered as gratuities in contradistinction from invalid pensions. II. Or INvALIDn PEsrolNEras. —The manner of making legal provision for invalids of the militarxy and naval service during the revolution, appears to have been too much blended to admit of any discrimination in the classification of them; for they all come under the general denomination of invalids disabled during the revolutionary war, of whom lists were furnished from time to time, by the State authorities, under the request of Congress. From those lists, however, and other official evidences, the pensioners of the naval service formed a very small proportion to those of the military establishment. But the provisions for invalids in either branch of the service since the revolution, have been somewhat more distinct, which has enabled us, accordingly, to arrange them under two distinct divisions —thereby making three divisions of invalid pensioners —onze of invalids disabled during the revolution, military and naval combined; and two of invalids disabled since the revolution, military and naval, arranged under separate heads. 111. Or PENsIONS TO INDIGENTS, AND OTHER suaVIVING SOLDIERns AN D SEAMENr OF TAE I REVOLrUTIOX. —We have also arranged the two anomalous classes of revolutionary pensioners, provided for at comparatively recent dates, immediately after the third class of "'invalids." Of these, the first comprises the "Iindigects" of the aimy and navy of the revolution, provided for by the act of the 18th March, 1818, at a small advance of pension over half pay, to continue for life or during their indigence; and the second comprises other surviving worthies of the revolution, provided for at fullpay for life, under the act of the 15th May, 1828, its supplement of the 7th June, 1832, and other supplementary acts. IV. OF PENSIONS TO WIDows, on LEGAL REPRESENxTATIVEs. —The same indiscriminativeness observed in regard to the legislative provisions for revolutionary invalids in the two branches of the service, applies, perhaps even to a greater degree, to those for the widows and orphans of officers and others of the army and navy of the same period, if, indeed, there was any made for the widows and orphans of the latter, at all, during that period, of which there is no evidence extant that has come under our observation; and those made for the widows and orphans of the military officers, were not made for them as representatives of invalids, or of officers slain, but of officers to whom seven years' half pay was promised, if they continued in the army to the end of the war; but who, having died during the war, could not execute their contract, and claim their seven years' half-pay. But of this provision for military officers who performed that condition, and for the widows and orphans of those who were prevented by death from doing so, there most probably was a parallel provision for naval officers, and their widows and orphans under like circumstances, (or ought yet to be,) though the fact does not appear. Nay, the request of the resolution of the 24th August, 1780, that the legislatures of the several States would make provision for paying the widows and orphans of those military officers, strongly indicate that the widows and orphans of naval officers, under like circumstances, were provided for in like manner. Our arrangement, therefobre, could only dispose of the legal provisions for widows and orphans under the following heads, viz: 1. Of widows and orphans of military officers of the revolutionary war entitled to "' seven years' half pay" or " commutation." 2. Widows and orphans of military officers and soldiers since the revolution; together with those of ofiS INDEX. 695 cers, (military and naval,) soldiers, seamen, and marines, of the revolution, who were provided for by the acts concerning "indigents," and other "survivors " of that war; for the latter of whom the legal provisions being too much blended, in many instances, with those for widows and orphans of officers and others since the revolution, to admit of a separate arrangement, have been permitted to go with them, but are distinguished by asterisks, thus [*.] 3. Those provisions for widows and orphans of invalids, and persons slain in the naval service, and privateer service, since the revolution, have received a distinct arrangement. V. Or BOUNTY LANDS. —In relation to the legislative provisions for granting military bounty lands, the like blending, as of those for invalids and for widows and orphans already adverted to, have left us no alternative but to retain the continuous order of time in which they were made, and, in lieu of any change of that arrangement, to refer to the classification of them given in the "Introduction" pages 28, 29, 30, and the "policy of land bounties generally," as there represented. And the contrast thus exhibited, shows the practicability of discriminating between subjects having an essential difference of character, notwithstanding the confusion occasioned by legislative commingling of their parts, which, in another sense, are necessarily left to abide in that commingled State. Finally, we do not recommend an implicit reliance on the expounding of the laws by the abstracts of this index, or on any other expounding of them, more than to aid the reader in expounding for himself, and taking appeals, when he thinks he has not had his right. Indeed, the expounding of the laws by the opinions and decisions, as shown in Part II, of this index, frequently calls for comparisons of the same with the laws themselves, as pointed out in Part I, by turning from. the items in the one to the like items in the other —particularly as these expoundings may, nay do, sometimes contravene the laws, and traverse themselves —which may also be seen by turning front one opinion and decision to another. PART i. A. ACCOUNTS. Page. No. Instructions for the prompt settlement of, as they relate to the keeping and stating the accounts of pension agents, in conformity to the Act of 3d March, 1817; for which see the I" Circular Instructions" of the Second Comptroller of the Treasury................................87 29 AGENTS AND AGENCIES FOR THE PAYMENT OF PENSIONS. Agents, in districts where there are none, pensions to be paid at seat of Government-Act 7th January, 1809.................... 65 39 required to give bond-Act 25th April, 1812................ 84 48 to be appointed where there are no commissioners of loans-Act 24th April, 18i6................................... 106 59 additional, for East Tennessee —Act 3d March, 1819.......... 123 71 required to give bond not over $500-Act 15th May, 1820.... 129 76 with two or more sureties-Act 4th February, 1822... 130 77 Agency for, established at Pittsburg-Act 20th May, 1826........ 138 89 Agents for, required to give bond with two or more sureties-Act 24th May, 1828..................................... 144 97 Agency for paying navy pensions at Washington, formerly in the hands of commander of the Navy Yard, transferred to a permanent navy 696 INDEmX, AGENTS AND AGENCIES (Continued.) Fage. iN. cagent appointed for the performance of that, in addition to other duties of II navy agent" proper, under direction of the Secretary of the NavyAct 28th June, 1832........................... 259 262; Agents to be appointed, in lien of the Bank of the United States-Act 20th April, 1836................................ 190 174 Agencies to be established in certain parts cf Virginia and Ohio-Act 7th June, 1836.......... 192 178 Agency in Decatur, Alabama-Act 5th-July, 1838................... 195 18 Agents, authorized to administer oaths to pensioners, attorneys, and others, and receive the same fees as officers of the State in which they reside-Act 22d February, 1840.........................97.18. their compensation to be fixed by the Secretary of War, not to exceed 2 per cent. on their disbutsemenis, nor to ha over $2,000 a year, but to be in full for contingent expenses —Act 20th February, 1847................................. 211 20 remittances made to them, to be hept within reasonable bounds -Act 20th February, 1847..................... 211 208 having a deputy or clerk authorized by law, said clerk or deputy shall have like power to administer oaths, &c.-Act 19th February, 1849................................. 216 214 APPROPRIATIONS FOR3 MILITARY PENSIONS. Appropriations, for the various denominations of pensions (militaryj) pre-, vious to 14th April, 1820, were made in very irregular and various forms, which need not be specified here and the annual appropriations from 1820 to 1852, can easily be referred to by turning to the pages in which they will be found for the corresponding year desired to be consulted, without giving a list of them in this place, respecting which see the note on this-Act 14th April, 1820, misdated 2d March, 1819....... 127 7r APPROPRIATIONS FOR NAVY PENSIOINS, &c. Appropriations, for the payment of navy pensioners, invalids and others, to supply the deficiency of the navy pension fund (which had been set apart as an indefinite appropriation and had been exhausted,) commenced by appropriating $139,666 06 "' for the payment of pensions chargeable on the navy pension fund"-Act 16th August,. 1841.. 270 284: again, to supply a deficiency in the navy pension fund, ~84,)000, for the semi-annual payments on 1st July, 1842-Act 23d August, 1842.................... 271 285 again, for the payment of navy pensions due for the fiscal year of 1843-'44-Act.3d March, 1843.. 271 283. for the payment of navy pensions for the fiseal year of 1S44-'45-Act 15th June, 1844.......... I, 273 288 for the payment of navy pensions for the fiscal year of 1845-'46-Act 1st March, 1845.................. 274 290 for the payment of navy pensions for the fiscal year of 1846-'47 —Act l1th August, 1846....... 275 29$ -for the payment of navy pensions for the fiscal year of 1847-248-Act 3d March, 1847.................. 275 293 for the payment of privateer pensions under the privateer fund as pledged by Congress on the 26th June, 1812Act 3d March, 1847.................... 275 298 for the paymenIt of navy pensions for the fiscal year of 1849-'50-Act 2d March, 1849................... 78 296 for the payment of navy pensions for the fiscal year of 1850-'51-Act 17th August, 1850, $43,000....... 691 25 -for the payment of navy pensions for the fiscal year of 1851-'52 —Act 3d March, 1851............ 279 29? balance of, for pensions unclaimed and remaining in the hands of agents during eight months, to be transferred INIDEX 697 APPROPRIATI ONS (Conzlinued.) Pae. No. to the Treasury, by draft of the Commissioner of Pensions upon the agents for paying pensions, the form of which draft to be prescribed by the Secretary of War, and all such unclaimed pensions to be thereafter payable on application at the Treasury out of any money not otherwise appropriated-Act 6th April, 1838.......o 195 182 The aforesaid provision in relation to the transfer of unclaimed pensions after remaining in the hands of agents during eight months, is extended to fourteen months, under the same forms, restrictions, and provisions contained in the said act-Act 23d August, 1842....... 271 285 ARREARS. Arrears of pensions due before the 5th of March, 1789, shall be paid ill such manner as Congress may hereafter provide for paying the arrears of pensions, (see act of the same date following.) And the pensions due, or to become due, from the 5th March, 1789, shall be paid according to such laws as have been made, or shcall be made relative to invalid pensions, (see the next act of this date).-Act 11th August, 1790:..................... 17 4of pensions due to officers and others disabled in the service of the United States, (duzring or since the Revolution,) not having been heretofore provided for, all such officers, &c., now on the books of the Secretary of War, to whom pensions are due, or for whom provision has not been Inade by any State, and to the widows and orphans or legal representatives of such officers, shall be assumed by Treasury "' Certificates " in sums equal to the annual payments due to each, to be issued by the Register of the Treasury, and to be liquidated as the Secretary of the Treasury shall direct-Act 11th August, 1790.............. 19 5 of invalid pensions due to a deceased pensioner, to be paid to his widow, or orphans, or legal representative-Act 2d March, 1829 146 99 of invalid pensions are to be paid to the widows of certain pensioners mentioned-Act 20th May, 184.9.................. 148 104 of revolutionary pensions under this act, to go to the widows and orphans of the deceased-Act 7th June, 1832.............. 161 129 of pensions due to- deceased pensioners not considered as assets, but to be paid to the widow, or to the administrator or executor, for the benefit of the children, or to each of thempro rata, without the intervention of an administrator or executor-Act 19th June, 1840..................... 199 189 ARREARAR GES. Arrearages of various pensions, (military, naval, marine, &c.,) having remrasined unclaimed during eight months, (subsequently extended to fourteen months, and then returned to the Treasury, to be paid through the Second and Third Auditors' Otffces, as the case may be, on appropriations made to meet their future demand-Act 18th February, 1841............. 200 190 payable through the Second and Third Auditor's Offlices, as the case may be-Act 14th February, 1843...... 203 197 payable tihrough the Third Auditor's Office, with restrictionsAct 30th April, 18448...... e........e 205 109 payable through the Accounting Officers-Act 20th Feb., 1845 207 203 payable through the Third Auditor's Office-Act 7th May, 1846 209 205 payable through the Third Auditor's Office-Act 20th February, 1847.............. 211 208 payable through the Second and Third Auditors' Offices-Act 26th June, 1848..213........... 21 210 payable through the Third Auditor's Office-Act 19th February, 1849.......2....................... 216 214 ARTIFICERIS AND LABORERS. In the Ordnance Corps allowed pensions and bounty lands on the same footing as officers, &c., in the regular army —Act 10t4i August, 1848., 278 295 6'98 INDEX. ASYLUM. Pa.e No. Military, founded: Invalid pensioners entitled to the privileges of, on surrendering their certificates of pension for the time being-Act 3d March, 1851....22........................ 5 222 ATTORNEYS. For receiving pensions, &c., to make oath of disterestedness-Act 22d February, 1840.................................. 197 187 B. BOATSWAINS AND BOATSWVAINS MATES. See " Invalids" of the Navy, (including boatswains and seamen provided for under various acts.) BOUNTY LANDS. rThe legislative provisions for grantihng " military bounty lands," are here referred to in the chlonological order of their enactment. waiving all attempt at any classification of them in this place, having given our views fully on that subject in the Introdntelion.J Bounty Land, Congress promised to make provision for granting bounty lands, in certain proportions, to officers and soldiers who should engage in the revolutionary service, and continue to the end of the war, or until discharged, to enure to the representatives of such as might be slainResolution 16th September, 1776. 281 1 said land bounty is extended to all who snall enlist for said term —Resolution 18th September, 1776........... 281 2 said land bounty is extended to general officers in certain proportions-Resolution 12th August, 1780........ 282 3 said land bounty is extended to officers of the medical departament in certain proportions-Resolution 29th September, 1780...... 282 4 said land bounty is extended to supernumerary officers (on the reduction of the army) agreeably to the resolution of the 16th September, 1776-Resolution 3d October, 1780............................. 282 5 said land bounty to be drawn for and located in territory ceded by the several States and purchased from Indian tribes, with certain reservations, and under certain regulations-Ordinance of Congress 2oth May, 1785.. 283 6 tone million of acres, with certain boundaries, are set apart and exclusively reserved to satisfy said bounties-Resolution 22d October, 1787......................... S25 7 the Secretary of War is authorized to issue military bounty land warrants, under certain regulations-Act 1lth April, 1806............. 285 8 the time allowed for issuing said military land warrants, and for locating the same on lands reserved, is extended to times specified —Act 21st March, 1808........... 286 9 the time allowed for the same is further extended to times specified-Act 19th December, 1809.............. 286 10 each non-commissioned officer or soldier discharged from service, with certificate from commanding officer, to be allowed one hundred and sixty acres of land-Act for completing the existing military establishment, 24th December, 1811. 287 11 the same provision is repeated by —Act to raise an additional military force, 11th January, 1812........... 288 12 the heirs and representatives of non commissioned officers or soldiers who shall have enlisted under the provisions of this act, (" to accept and organize certain volunteer companies,) and shall have been killed, or die, in the service, shall be entitled to one hundred and sixty acres of land, to be designated, &c., as may be BOUNTY LANDS (Continued.) Pae. Nod provided by law-Act 6th February, 1812, section 6. See statutes at large........................ is denied or inhibited to dragoons, artillery, and infantry (not exceedinlg 15,000 men) enlisted for eighteen months-Act 8th April, 1812................. 641 1 the Secretary of War is authorized to issue the warrants for military land bounties promised by certain acts above mentioned, to be applied for within five years, and to be located on lands set apart in certain Territories, (Michigan, Illinois, and Louisiana,) of 2, 009, 000 acres in each, under certain regulations-Act 6th May, 1812 288 13 the time allowed in the aforesaid act of May 6th, for Ynaking applications for said bounty lands, is extended to 1 st May, 1820, in behalf of heirs and representatives of deceased persons entitled thereto-Act 27th Mar. 1818. 646 7 each effective "ablerbodied man" enlisted in different military corps, to servefive years after the 1st February, 1813, allowed one hundred and sixty acres-Act 20th January, 1813................................ 290 14 the time allowed for issuing and locating military land warrants on lands reserved, is further extended to time specified-Act 5th July, 1813.................... 291 15 is allowed to corps of infantry raised for the protection of the seaboard, on the same footing with other regular troops enlisted for five years, or during the war of 1812 Act 5th July, 1813.................. 314 2 men enlisted (trnder this act) for five years, or during the war, entitled to the same quantity of land (one hILndred and sixty acres) as the regular troops of the United States-Act 28th January, 1814.............. 97 53 volunteers authorized by act of 6th February, 1812, who shall engage for five years, or during the war, entitled to the same quantity of land (one hundred and sixty acres) as the regular troops-Act 24th February, 1814 641 2 able-bodied men, between eighteen and fifty years of age, recruited for filling the ranks of the army, allowed three hundred and twenty acres, instead of one hundred and sixty acres-Act 10th December, 1814............. 642 4 granted to Canadian volunteers, who were citizens of the United States, (see Canadian volunteers)-Act 5th March, 1816.............. 644 5 said act amended, (see Canadian volunteers)-Act 3d March, 1817.................................. 645 6 to which the children of officers and soldiers of the regu-. lar army in the war of 1812, are entitled to under formner acts, may be relinquished in one year, for half pay for the term of five years-Act 16th April, 1816..... 103 58 to soldiers over forty-five and under eighteen, who enlisted for five years or during the war, one hundred and sixty, or three hundred and twenty acres, according to term of service-Act " making further provisions for military services during the Revolutionary war," 16th April, 1816.......................... 103 58 the time allowed for issuing and locating military land warrants on land reserved, is further extended to time specified; at the expiration of which time, measures to be taken to offer unlocated lots for public sale-Act "C extending the time for issuing and locating military land warrants," &c., 16th April, 1816'...... 291 16 *There are so many bounty land and pension laws of this date, 16th April, 1816, that it seems necessary in this index, to distinguish them by their titles. 700 INDEIX. BOUNTY LANDS (Continued.) Page. No. warrants lost, may, on satisfactory evidence of the fact, be located and patented, notwithstanding-Act 27th April, 1816................................ 293 18 certificates of soldiers' discharge and faithful service, lost, neglected, or misconstrued, &c., such deficiency not to prevent the issuing of warrants, or patents, on proof of the fact-Act 27th April, 1816................ 293 18 time allowed for guardians of minor children to relinquish their claims to bounty land for fire- years half-pay, is further extended —Act 3d March, 1817............ 117 64 the relinquishment of said land title, to entitle said children to four dollars per month, for five years-Act 3d March, 1817...................... 117 64 the time allowed for said relinquishment is further extended, and the pension to commence from date of relinquishment-Act 3d March, 1819.............. 123 72 the time allowed by act 16th April, 1816, for issuing and locating military land warrants, is further extended to time specified-Act 9th March, 1818.............. 294 19 the authority by acts 6th May, 1812, and 10th December, 1814, to issue military bounty land warrants, is continued; also the time allowed for issuing and locating the same, is extended-Act 24th February, 1819... 294 20 the time allowed by the aforesaid act, for issuing and locating said warrants, is extended for five years-Act 26th May, 1824............................... 295 22 the time allowed by the 2d section of the act 24th February, 1819, for issuing and locating said warrants for oficers of the revolutionary army, is extended to specified time-Act 3d March, 1825................... 296 23 certain soldiers, or their Feirs, to whom bounty lands have been patented in Arkansas, unfit for cultivation, are authorized to receive in exchange, the like quantities, to be located in any military district in said TerritoryAct 22d May, 1826............................ 296 24 the time allowed by act 24th February, 1819, for issuing military land warrants to officers and soldiers of the revolutionary war, is extended to time specified-Act 2d March, 1827.......,.. a.................... 297 25 the time allowed by acts of 26th May, 1824, and 24th May, 1819, is extended, and the provisions of those acts re enforced, for five years-Act 5th February, 1829 297 26 Lhe time allowed by the act 22d May, 1826, for exchanging bounty lands drawn in Arkansas unfit for cultivation, is extended for five years, to include those in like circumstances in Illinois and Missouri-Act 22d March, 1830...........e.. 298 27 the time allowed for issuing military land warrants to officers and soldiers of the revolutionary army, is extended to 1st January, 1835-Act 13th July, 1832........ 299 29 the time allowed for the aforesaid purpose, is further extended for the same purpose, to the Ist January, 1840Act 27th January, 1835...6............. 656 2t the time allowed for issuing and locating military land warrants for services during the late war of 1812, is extended also to the 1st January, 1840-Act 27th January, 1835............. 302 37 under this act, entitled "An act to increase the present military establishment," re-enlistments were encouraged by the promise of 160 acres of land for ten consecutive years service —Act 5th July, 1838.............. 648 1. INDeX. 701 lOUh0UTTY LANDS (Continued.) rage. No. this act, supplementary to the foregoing, two days after its passage, repealed the said provision-Act 7th July, 1838........................... 649 1 it warrants issued, and which remain unsatisfied, may be entered by the persons to whom issued, or by their heirs or legal representatives, in any State or Territory designated, in five years from the date of this act-Act 27th July, 1842...... 649 12 two acts of the 27th July, 1835, to complete the issuing and locating military bounty land warrants for services during the war of 1812, and the war of the Revolution, are renewed and continued in force for five years, when all such outstanding claims will be ever after barredAct 27th July, 1842........................649 12 laws, the duties in execution of the bounty land.laws are transferred to the office of the Commissioner of Pensions-Act 20th January, 1843........... 2..02. 196 in all cases where soldiers of the revolutionary war, or of the late war, who were entitled to bounty lands, have died before obtaining a patent, the patent shall issue to the heirs generally, undercertain restrictionsAct 3d March, 1843............... 650 13 of one hundred and sixty acres, or scrip of $1.00 bearing interest, allowed under certain regulations and restrictions, to non-commissioned officers, musicians, and privates enlisted in the regular army or volunteer corps, to serve in the war with Mexico-Act 1lth February, ~~~~1847...306 45 in all applications for bounty land under the aforesaid act of 11th February, 1847, an honorable discharge (before the expiration of the claimant's term of service) predicated on a surgeon's certificate of disability, shall be satisfactory evidence that the disability was incurred in the course of service, and terminated his tour-Resolution 24th March, 1848............651 those men of the ordnance corps serving in the Mexican war, are entitled to the same bounty in land as others serving in other regular corps-Act 10th July, 1848.. 214 211 granted to officers of the marine corps, and to artificers and laborers of the ordnance corps, who served in the Mexican war, on the same footing with officers and others of the regular army-Act 10th August, 1848.. 278 295 warrants, fees to registers and receivers for locatingSee fees.............................. 651 16 brothers and sisters of those persons whose services, under the act of 11th February, 1847, entitle them to bounty land, to be taken in the fourth order of relationship, the others failing, and be entitled to the land in equal proportions5 nor shall the benefits of said act be forifited by privates being promoted-Act 27th May, 1848,............................ 652 17 the time allowed for satisfying certain claims for bounty ]ard, is extended for five years, by reviving and continuing in force the act of July 27, 1842, and two acts of January 27, 1835-Act 26th June, 1848........ 654 19 the act of 22d March, 1830, extending that of 22d May, 1826, authorizing certain soldiers in the war of 1812 to surrender the bounty land drawn by them, and locate others, is revived and continued in force for five years, with certain restrictions-Act 25th July, t,~toq........... 654 20 o02 INDEX. BOUNTY LANDS (Continued.) Page. No. pre-emptioners on the Miami lands in Indiana, who may be entitled to bounty land warrants for one hundred and sixty acres, may apply their warrants in payment or part payment for the tracts to which they may establish their right of pre-emption-Act 7th August, 1848 655 21 military land warrants held by any non-commissioned officer, musician, or private, or his heirs, may be located on lands subject to private entry, at the price for private entry, of $1 25 per acre —Act 14th Aug. 1848 655 22 certain classes of persons- in the military service of the United States during the late war of 1812, or during the war with Mexico, or in Indian wars since 1790, or their widows or minor children, are allowed bounty lands in proportion to periods of service, to be awarded to them under certain regulations-Act 28th September, 1850... 309 49 no land bounty for military service granted by the aforesaid act of 28th September, 1850, or by virtue of any other act heretofore passed, shall be satisfied out of any public land not heretofore brought into market, and now subject to private sale under existing laws —Act 3d March, 1851............................... 311 50 CANADIAN VOLUNTEERS. Who were citizens of the United States residing in Canada at the commencement of the war of 1812, having joined the armies of the United States, allowed bounty lands at certain rates, under certain rules and regulations-Act 5th March, 1816...................................... 644 5 the aforesaid act amended, with conditions for granting the lands, and the warrants to be located on lands that have been offered for sale-Act 3d March, 1817................... 645 6 assignees of warrants issued to Canadian volunteers may locate them, and receive the patents in their own name, but no location to be made on lands that have not been offered to public sale-Act 3d March, 1821....................... 295 21 CERTIFICATES. To be issued by the Register of the Treasury, to officers and soldiers on the books of the War Department as invalid pensioners; also to widows and orphans of such, for amounts respectively due, to be liquidated by the Secretary of the Treasury, as he may direct-Act 11th August, 1790 19 5 CHEROKEE WARRIORS. In the service of the United States in the war of 1812, allowed pensions, &c., on the same footing as officers and soldiers of the regular armyAct 14th April, 1842.................. 201.............. 193 CLAIMS. Claims of all descriptions (pension, and others) for military services, presented after time specified, barred-Resolution 2d Nov., 1785.. 13 16 not presented within one year, tarred-Resolution 23d July, 1787 14 19 barred by resolutions of 2d November, 1785, and 23d July, 1787, so far as construed to embrace the pension claims of widows and orphans, are relieved and continued open for two years-Act 23d March, 1792. 22.,............................... 9 COAL-HEAVERS. Disabled in the naval service since the 31st August, 1842, and their widows and orphans allowed pensions-Act l Ith August, 1848...2..... 76 2 94 * This is the substance of a proviso found ensconsed in what is familiarlv called the omnibus bill " making appropriations for the civil anti diplomatic explenses of the Government for the fiscal year ending the 30th June, 1852, and for other pulposes'" as a rider on tile appropriation flbr the sn-veys of public lands.' It is not probable that it ias struck tihe attention of many, tliough a very potent little Iproviso; for, under the restriction it imposes, the evast amount of warrants which hwave been and must continue to be issued under the act of September, 18]O, can never be localed, for want of a sufficient quantity of the public domain which has already been offered at public sale.-EDITOR.s. INDe. No, COMMISSIONER OF PENSIONS. Page. No. Office of, continued, with the privilege of franking —Act 3d March, 1835.................................... 188 171 duties heretofore performed by Secretaries of the Treasury, under acts of 15th May, 1828, 2d March, 1833, and 5th July, 1833, also Virginia "claims" for revolutionary services, and deficiency "commutations," are transferred to Comnmissioner of Pensions-Act 3d March, 1837................. 188 171 office and duties to continue for two years-Act 3d March, 1837 193 180 required to transfer unclaimed pension appropriation to treasury-See "appropriations." office and duties to continue for two years, and the duties in relation to navy pensions, with the clerk engaged on the same at $1,600 a year, are transferred to this office from the Navy Department-Act 4th March, 1840................. 198 188 office and duties continued for two years, with the further duties in relation to bounty lands (except those executed at the General Land Office,) are transferred to this office from another bureau in the War Department-Act 20th January, 1843............................. 202 196 office and duties extended for two years, and no longer-Act 14th January, 1846................................. 208 204 office and duties continued (indefinitely) until further legislation thereon-Act 19th January, 1849..................... 215 213 office and duties transferred to the new Department of Interior —Act 3d March, 1849....... 218 217 COMMUTATION. For "five years' full pay" in lieu of "half-pay for life," allowed to ceitain officers at their option-Resolution 22d March, 1783.................................. 9 12 others, termed "retired officers," entitled tothe sameResolution 8th March, 1785....................... 10 14 may be returned in other securities of the like amount, by invalids-Resolution 14th September, 1786.......... 13 17 disabled officers, soldiers, and seamen, not having received'commutation,' may be placed on the pension list, and receive pensions during life, or continuance of disability -Act 23d March, 1792................... 22 9 officers having received cominmutation, required to return the same before they can receive a pension, except where a portion only has been stipulated for-Act 21st February, 1795,............................... 31 8 of half pay which may have been received by South Carolina pensioners, must be returned or deducted, on being placed on the invalid pension list of the United StatesAct 3d March, 1804............. 47 32 with interest, (in frequent instances, as in this,) allowed to heirs and legal representatives-Act 15th June, 1832. 163 131 D. DARTMOOR PRISON, ENGLAND. American sailors wounded there, to be placed on the navy pension listAct 2d April, 1816......................................... 243 237 DEFALCATIONS. The act of the 25th January, 1828, to prevent defalcations on the part of disbursing agents of the government, not to be construed to authorize any pension to be withheld-Act 20th May, 1836................ 192 176 DEPRECIATION OF PAY. Though this be not a pension provision, it is an auxiliary, and t-lerefore the action of Congress at different times referred to in this resolution, directing the "Auditor of Accounts" to settle the accounts of certaiun DEPRECIATION OF PAY (Continued.) ae N, officers (returned from captivity) with reference to depreciation, to be paid by the Paymaster General, and that such officers "be allowed depreciation by their respective States, in the same manner as officers of the line in such States,"' should be considered-Resolution 26th May, 1781'7 9 Commissioner of.PArmy Accounts to settle such depreciation-Act 11th August, 1790............. 17 4. DRAGOONS. The additional regiment of dragoons or mounted riflemen authorized by this act, disabled in the service, entitled to all the benefits of others disabled inthe service of the United States —Act 23d May, 1836.... 1. 92 177 E,`IhNGINEE R,o Disabled in the naval service since the 31st August, i84~, or their widows and children, allowed pensions in like manner as others disabled in said service-Act 11th August, 1848................. 176 291 IF, FEES. For services in locating bounty lands by registers and receivers, shall conform to fixed rates to holders of land warrants, except that there shall be no charge when located for the soldier-Act 17th May, 1848.... 651 16 For the said free locations for the soldier to be paid from the treasury, and future fees to be paid by the parties making the locations-Act 22d March, 1852.................. 683 o FIREMEN. Disabled in the naval service the 31st August, 1842, allowed pen-ions as others disabled in said service-Act 11th August, 1848........... 276 291 FLOTILLA SERVICE. Men engaged-in said service, entitled to the same rank and authority as others in like position in the navy [but no provision made for pensions] -Act 16th April, 1814............................. 316 4. The acts authorizing this service repealed, the officers and privates discharged, and the vessels ordered to be sold-Act 27th February, 1815 317 5 FRENCH SIEAMEN Accidentally killed or wounded by a United States frigate at Toulon, and their families, allowed pensions-Act 28th June, 1834........ 263 270 FRONTI[RS). OF 1THE UNITED STATES. Invalids in the different regiments raised for their protection, allowed the same pensions as those of the regular army-Act 5th March, 1792... 22 88 FULL PAY. Allowed to surviving officers who served in the revolutionary war (fir particulars see this item after the details respecting I invalids," and'indigents,' sequel) — Act 15th May, 1828................... 143 96 FUNDS FOR NAVY HOSPITALS, PENSIONS, AND OTHER PURPOSES, The Navy Hospital Fund was established by the act of the 16th July, 1798, under direction of the President of the United States, for the relief of sick and disabled seamen; and by the act of the 26th February, 181 1, said fund was placed under the direction of the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, as commissioners of said fund —See the Introduction, pp. 14, 15. The Navy Pension Fund —The money accruing from the capture of prizes, to the share of the United States, to constitute a fund for pensions an(] other objects, placed under the management of three commissioners, the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War-Act 2d March, 1799.................... 230 226 The like disposition of the Navy Pension Fund is repeated, and the aforesaid act is repealed-Act 29th April, 1800...........3...... 23 227 The liko disposition of the Navy Pension Fund is again repeated, with modifications-Act 21st March, 1801,....,,........,.,,. 323 INDEX. 705 FUNDS FOR NAVAL HOSPITALS, &c. (Continued.) Page. No. The Privateer Pension Fund.-Two per cent. of prize money to constitute a fund for the support and maintenance of the widows and orphans of persons slain on board of -private armed vessels-Act 26th June, 1812................. 237 230 The officers, seamen, &c., disabled on board of private armed vessels, to be placed on the list of privateer pensioners, at specific rates of pension —Act 13th February, 1812..........................238 232 The Board of Commissioners of the " Hospital Fund," the " Navy Pension Fund," and the "' Privateer Pension Fund," (which last fund, by the way, was never by law placed in charge of these commissioners, but of the Secretary of the Navy alone —See the Introduction, p. 16,) is abolished, and the said funds otherwise regulated, and placed at the sole charge of the Secretary of the Navy-Act 16th July, 1832.. 258 261 Cost of stock of the Bank of Columbia purchased by said c:)mmissioners of the Navy Pension Fund, reimbursed to that fund —Act 30th June, 1834 264 271 Deficiency of said fund further supplied-Act 23d August, 1842...... 271 285 Fundine Act, the principles of, to govern in issuing certificates for commutation and other pension claims —Act 15th June, 1832......... 163 131 H. Half pay for 7 years, with the right of "commutation' for 5 years' full pay, being a giatuity beyond the fixed monthly pay for the army, is Atri,;tly of the nature of pension, t hough unlike pensions to'invalids or iadigents, being awarledl to cotimissioned officers only, for great duration of service in the revolution, who continued in the army to the end of the war; and to the widows and orphans of those who died during the war, and could not falfil their engagement. For which latter, see widows and orphans. HALF-PAY. Half-pay for seven years after the conclusion of the Revolutionary war was promised to officers continuing in the army, or the military service, to the end of the war-Res. 15th May, 1778.. 3 2 the same. for seven years, extended to the widows and orphans of said officers — Resolution 24th August, 1780........ 6 6 the samne, for seven years, as to officers of the hospital department, changed to certain rates of compensation during life — Resolution'17th January, 1781...................7..... 8 the same was "' commuted" to five years' full pay, at the option of the officers, (lor which see " commutation ") —Resolution 22?d March, 8:3..................................9 the same, for seven years, rescinded, except to those officers to whtom heretofore promised —Resolutirmn 26th January, 1 84. 1.0 18 the samne,'half pay for seven years," with right of "commutation" of full pay, was extended to the widows and orphans of thosu- officers who died during the revolution, and could not fulfil their engagements (see "widows and orphans;" also see "commutation" — Act 11th August, 1790....... 19 5 Iwas allo)wed at different times to the widows and orphans of invatlits disalled, and persons killed or died of casualties in the line of their duty in the different departments of the military anti,iaalel service since the revolution, and continued for five years from tine to time from the period of the revolution to the present, (ftr the details of which see " widows arid orphans.") was also allowed, occasionally, to the widows and orphans of officers, soltiers, seamen, marines, and other pensioners, or persons entitled to pensions for various cons derations other than diisalility or death by wounds and casualties in the service, (for the details of which see " widows and orphans.") pension claims of widows anol orphans were occasionally atljudicated ant Ipaid at the Second and Third Auditor's Offices, from 1836 to 1840. inclusive, as, likewise, arrearages of pensiorls of all descriitions not claimed during a lirmitedf time — first of eight months and afterwards of f,,urteeia months, (for the details of which see "6 widows and orphans.") 52~ too INDEX, INDIGE NTS. Page. ag.o Indigents of the Army and Navy, who served in the Revolutionary war, provided for, (see particulars after the details respecting "In — valids")-Act 18th March, 1818....................... 119 65 the provisions of the aforesaid act amended, (see the same, after c"Invalids") —Act 1st May, 1820....................... 127 75 persons stricken off the pension list under the last mentioned act restored, and regulations modified, (see the same, after " Invalids") —Act 1st March, 1823........................ 132 79 INSANE. Soldiers and seamen of the Revolutionary war, several cases of, to be placed on the pension list —Act 3d March, 1819......... 121 69 INTERIOR, OR HOME DEPARTMENT. The establishment of, and duties of the Secretary of —Act 3d March, 1849 218 217 1. Invalid Pensioners, both Military and 1Naval, disabled in the Revolutionary War. [Officers, commissioned and non-commissioned, of the army and navy, musicians, soltliers, marines, and seamen, disabledl in the service, including militia and volunteers, as well as those who, after disability incurred, resigned their commissions, tolok diselrarges, or were taken captive by.the enemny, andi so remained, or on parole, to t.he end of the war, (except those receiving convlLzmutatiovl, and those who deseried the service,) shall be entitled to pensions during life, or the continuance of their disability-all arrears of pensions due to invalids at their death to be paid to their widlows, orphrlans, or legal representatives.] INVALIDS, MILITA RY AND NAVAL. Congress recommends to State Legislatures to provide for invalids of the military and naval service, within their jurisdiction, and to appoint persons to examine testimony and report lists of invalids at the charge of the United States —Resolution 20th August, 1776................. 1 1 Commissioned and non-commissioned officers of the army and navy, also soldiers, seamen, and marines, who may lose a limb, or be otherwise disabled in the line of their duty, to receive a pension adequate to thtir support, not to exceed their half pay as officers, soldiers, or seamen — Resolution 26th August, 1776.......... 1 Relief is extended to officers and non-commissioned officers of the army any navy, and to soldiers, seamen, and marines, who had, anterior to the resolve of the 26th August, 17i6, lost a limb, or been otherwise disabled, such as that granted by said resolution —Resolution 25th September, 177............................................... 4 3,,Five dollars per month allowed to sick and wounded of the army unfit for further duty, to be provided for by the States at the charge of the United States —Resolution 23d April, 1782:....................... 8 11 Congress recommended to the States to provide for invalids of the army and navy, resident in the States respectively. List to be made out. Certificate necessary. Pensions to disabled officers equal to half pay, and rateable allowance to non-commissioned officers and privates. Each tState to appoint persons to examine claimants. Each State authorized to pay. Any State may form invalid corps. Quarterly returns of invalid corps. Inivalids to take an oath. Magistrates to send affidavits- Resolution 7th June, 1785.... i....... 1 15 Each State shall have credit with the United States for invalid pensions — Resolutirin 11th June, 1788............................. 14 20 The invalid pensioners of the several States provided for under the aforesaid resolutions, are assunimed as pensioners of the United States, aniid to be continued from the lIth March, 1789, for one year, to be paid under regula! iotns to be prescribed by the President —Act 29th 8eptember, 1789........................................................... 15 The aforesaid pensioners of the several States are continued for oie year, and to be paid under regulations to be prescribed by the President — Act 16th July, 1790.................................... 17 3 The same, as aforesaid, are continued for a further term of onle year, and undter the same regulations — Act 3dl March, 1791................ 21 6 The sane, as aforesaid, are continued for a like term of one year —Act 8th May, 1792.........................................e - 26 1l INDEX. 707 INVALIDS, MILITARY AND NAVAL (Continued.) Page. No. For the discharge of arrears of pensions due to officers and soldiers di'sabled in the Revolution, and now on the books in the office of the Secretary of the Department of War,- or to be so placed in conformity to law, such pensioners shall receive from the Register of the Treasury'" a certlficate,"' to be settled under direction of the Secretary of the Treasury, for the amount of pension due, or to become due, to the 4th March, 1789, from which time the United States have assumed the payment of the pensions certified by the several States; and in case of death of any person so entitled, the "certificate " shall pass to his heirs or legal representatives; and the widows or orphans of officers, &c., killed whileiin the service, who are now on the books of the War Department as entitled to a pension, and for whom provision has not been made, shall receive a " certificatle " therefor in like manner as the officers, &c., who were wounded or disabled as aforesaid —Act 11th August, 1790, 1.............9 5 The pensions to invalids disabled during the Revolutionary war are confirmed for life or during disability, to be allowed and paid under specific r-egulations of evidence prescribed by this act, with ins/trictions to circuit judges to transmit lists of claimants to be laid before Congress — Act 23d March, 1.792.....9........................ 22 The aforesaid act of March 23, 1792, is repealed, and substituted as to regulations of evidence and instructions to DISTRICT JunGES to transmit lists of claimants to be laid before Congress —Act 28th February, 1793................2......................... 26 12 List of claimants transmitted by district judges pursuant to the above act of 28th February, 1793, directed to be put on the pension roll at fixed rates of pension-Act 7th June, 1794.......................... 30 16 List of claimants transmitted by circuit judges under act of 23d March, 1792, with defective testimony, returned to district judges for publication and completion of testinmony-Resolution 9th June, 1794....... 31 17 Pensions under act of 28th February, 179:3, ordered to commence from the completion of testimony —Act 21st February, 1795............. 31 18 List of c laimants transmitted by district judges under act of 28th February, 1793, with defective testimony, returned to those judges —Resolution 18th April, 1796,.................... 34 21 List of claimants transmitted by district judges under act of 28th February, 1793, ordered to be put on the pension roll at fixed rates —Act 20th April, 1796....................... 34 22 List of claimants transmitted, as above, ordered to be put on the pension roll at fixed rates —Act 2d February, 1798............ 41 26 New rules and regulations for substantiating army and revolutionary pension claitms, and repealing those of the act of 28th February, 1793, but the same rates of pension observed —Act 3d March, 1803......... 45 31 South Carolina invalid pensioners provided for under resolves of the old Congress, assumed as pensioners of the United States —Act 3d March, 1804..e. as v,.h.................................................. 3 Pensions, as above, (3d March, 1803,) extended to those who, afer disability in the service, resigned and took discharges, or were taken prisoners, and so remained, or on parole, to the end of the war —Act 3d M arch, 181)5........................................ 48 33 Act of 10th April, 1806, repeals all former laws conferring pensions on invalids of the Revolution, military and naval, and makes new provisions, rules, and regulations, for those pensions, and increase of the same, to cornlmencefonom the comrpletion of the testimony, with instruc* To un(lerstand the full meaning and intent of these " certificates," it wvould be necessary to peruse with care thie entire act of the 11th of AnLust, 1790, (passed onily seven days previous to, tie above,) " making provision tr) the elit of the United States," the preamble of which is as fbllows; "Wlherlas, justice and the supporl of public credit require that provision should be made for ffilillint the enngagements of tihe United States in respect to their foeigrn debt, and for frslrdinsg their dosmestic debt upon equitable and satisfactory termls."'IThe act thern oes on at considerable length, in tweity-two sections, with explanatory preambles to the provisions for each class of such debts or obligations due anti assumed. for a. statement of which see the " Introduction' and tle original1 act itself. 708 INDEX. INVALIDS, MILITARY AND NAVAL (Continued.) Page. No, tions to district judges to transmit list of claimants to be reported to Congress. This act, first limited to six years, has continued in force ever since, by revivals from tinme to time; and the last revival (24th May, 1828, page 144.) continues it until the 24th May, 1834 — Act 10th April, 1806....................................... 49 35 List of claimants transmitted by district judges pursuant to the above act of 10th April, 1806, ordered to be put on the pension roll at specific rates — Act 3d March, 1807-.......5..................5..... 53 36 List of claimants transmitted as above, and all other pensioners (sec. 3) remaining on the rolls of any of the States, ordered to be placed on the pension roll of the United States —Act 25th April, 1808............ 58 38 List of claimants transmitted as above, are put on the roll —Act 3d March, 1809................. 65 40 List of claimants transmitted as above, are put on the roll —Act 27th April, 1810..................... 72 41 List of claimants transmitted as above, are put on the roll —Act 3d March, 1811....................... 78 42 List of claimants transmitted as above, are put on the roll —Act 5th July, 1812................................................. 85 49 List of claimants transmitted as above, are put on the roll —Act 2d August, 1813........................................ 93 51 List of claimants transmitted as above, and put on the roll, and a new rule estatblished (sec. 3) for authenticating depositions —Act 18th April, 1814............................ 97 54 List of claimants transmitted as above, and put on the roll —Act 3d March, 1815.. 100 56 New and increased rates of pensions established from that time, to all invalids (revolutionary, or since the Revolution) now on the roll, or may hereafter be placed on the roll —Act 24th April, 1816.......... 106 59 List of claimants transmitted as before, and put on the roll —Act 30th April, 1816........................................ 107 61 List of claimants transmitted as above, and put on the roll —Act 3d March, 1817.............................................. 113 62 List of claimnants transmitted as above, and put on the roll, but future (reports of such lists to Congress, by the Secretary of War, dispensed with, (sec. 4,) he being authorized to put them on the roll without such report —Act 3d March, 1819......................... 124 73 The act of' the. 3d March, 1819, (chap. 491,) establishes new rcles and forms for ascertaining disabilities in all cases of application for pensions for invalids, (revolutionary, or since the Revolution,) withholding the benefits thereof from those revolutionary pensioners who shall avail themselves of the benefits of the act of the 18th March, 1818, on account of indigence; which rules and forms are to be complied with periodically —Act 3d March, 1819............................. 122 70 Pensions, or arrears of pensions, accruing under the last above mentioned act of 3d March, 18 19, are directed, in case of death of such pensioners, to be paid to their widows, children, or legal representatives —Act 2d March, 1829,' sec. 1.- 146 99 * This act o/ 2d M.arch, 1829, sec 3, says, that in all applications for pensions for wounds received in the Revolutiunalr.s var, the testimony may be authenticated in the same manner as in applications for wounds received in tie late war (of 1812) with Great Britain; while the different acts conferring s)ensions for wounds in tlie jate war (of 1812) require that the lairns be substantiatedi by tlhe rnles of the act ot 10th April, 1806. On tlie oil er hand, the act of 16th A sril, 1816, making furtlher provisions for mililary services during the late war (tof iSe) requires certain alplications for riensions to be substantiated by'rules to be prescribed by the Pre-itlinit, but not to interfere with those pensions etilr'aced in tile act of' 2d August, 1813; while the act of Arl!,ll Ittt hrs the claimants, it embraces, to tihe rules and regulat.ions of the same act, of 10th April, 1806, to uhulrtaitiate their claims. INDEX.'709 INVALIDS, MILITARY AND NAVAL (Continued.) Page. No. 2. Military Invalid Pensioners, disabled since the Revolution. [Officers, commissioned and non-commissioned, privates and musicians of the army, including militia, rangets, sea-fencibles, and volunteers, disabled in the service of' the United States sitce the Revol[utionary war, are entitled to pensions (during life, or the continuance of their disability, under the various acts hereinafter described; the details of which will be seen in the acts referred to.J The first act after the war for regulating the military establishment of the United States, (passed on the 30th April, 1790, ordering the enlistment of " able-bodied men,") provides and promises (sec. 11) that if any commissioned or non-commissioned officer, musician, or private, shall be wounded or disabled while in the line of his duty, he shall be placed on the list of invalids of the United States, at such rates of pay, and under such regulations, as shall be directed by the PnesrEDErN for the time being, not to exceed for the highest disability half the monthly pay at the time of the wound, for commissioned officers, and never to exceed five dollars a month for non-commissioned officers, privates, and musicians; and for inferior disabilities, sums proportioned to those for the highest disability —Act 30th April, 1790............ 15 2 The aforesaid provisions for pensions, under the same regulations, (by the President,) promised to certain regiments to be raised-Act 5th Mamch, 1792, sec. 11.............................................. 22 8 Aforesaid provisions for invalid pensions, under the same regulations (by the President) continued, with the military establishment-Act 3d March, 1795.............................................. 32 19 Aforesaid provisions for invalid pensions, under the same regulations (by the President) are extended to militia called out, and to volunteers — Act 23d March, 1796................ 33 20 Aforesaid provisions for invalid pensions, under the same regulations (by the President) extended to the military establishment as ascertained and fixed —Act 30th May, 1796.................................. 40 23 Aforesaid provisions for invalid pensions, under the same regulations (by the President) extended to the provisional army authorized —Act 28th May, 1798................................................. 43 28 Aforesaid provisions for invalid pensions, under the same regulations (by the President) extended to the augmentation of the army authorized — Act 2d March, 1799.44.................. 44 29 Aforesaid provisions for invalid pensions, under the same regulations (by the President) extended to the military peace establishment as fixed -- Act 16th March, 1802........................................ 44 30 Aforesaid provisions for invalid pensions, under the same regulations (by the President' extended to the additional military force, including cadets, ordered —Act 12th April, 1808........... 57 37 Act of the 25th April, 1808, authorizes officers, non-commissioned officers, musicians, and privates, of the regular army, militia and volunteer corps, who have been disabled since the revolution, to be placed on the pension roll, at the rates, and under the reezulblions, prescribed by the act of the 10th April, 1806 for invalids disabled during the revolution — Act 25th April, 1808...................................... 58 38 Provisions for invalid pensions, under rules and regulations that are, or may be, established by law, extended to companies of rangers authorized-Act 2d January, 1812...................81 43 Provisions for invalid pensions, under rules and regulations that are, or may be, established by law, extended to the additional military force, including cadets, authorized-Act 11th January, 1812............. 81 44 Provisions for invalid pensions, under rules and regulations that are, or mav be, established by law, extended to certain volunteer corps authorized-Act 6th February, 1812.............. 82 45 All invalids who were disabled in the campaign on the Wabash, directed to be placed on the pension roll, at rates to be prescribed by the President, and under rules of evidence to be dictated by the Secretary of War-Act 10th April, 1812..................-................ 83 47 710 INDEX. INVALIDS, MILITARY AND NAVAL (Continued.) Page. Xo Provisions for invalid pensions,- under rules and regulations that are, or may be, established by law, extended to the additional military force authorized-Act 29th January, 1813............................. 92 50 Invalids of the corps of infantry raised as an additional military force for the defence of the seaboard by the act of January 29th, 1813, being I"placed on the same footing as the regular troops," are allowed pensions and other benefits in like manner-Act 5th July, 1813........ 314 2 Invalids of the corps of sea-fensibles, authorized by this act, to serve on land or water, are allowed pensions, in some respects as officers, &c., disabled in the naval service, and in other respects as those disabled in the military service-Act 26th July, 18 13........................ 315 3 Act of the 2d August, i 813, grants pensions, under the rules and regulations of the act of 10th April, 1806, to the militia and volunteers who may be disabled in the service thereafter-Act 2d August, 1813...... 95 52 Act of the 28th January, 1814, grants pensions to certain regiments authorized for five years by said act, under the rules and regulations of those disabled in the regular army-Act 28th January, 1814........ 97 53 Act of 3d March, 1815, directs the pension provisions, with the regulations from the President, for the peace establishment of the 16th March, 180(2, to be adopted for the peace establishment of 1815,* as fixed by said act —Act 3d March, 1815........................... 99 55 Act of the 16th April, 18 16, directs the officers and soldiers of the militia, including rangers, sea fencibles, and volunteers, disabled during the late war, to be placed on the pension roll in the same manner as those of the regular army, under rules of evidence to be prescribed by the President, with a provision that these shall not interfere with those of the 2d August, 1813-Act 16th April, 1816........................ 103 58 All invalids (revolutionary, or since the Revolution, military or naval) now on the pension roll of the United States, or may hereafter be placed on the roll, to receive in lieu of what they are now entitled to, certain increased rates, as follows: 1st lieutenants, $17; 2d lieutenants, $15; engineers, $13; non-commissioned officers, musicians, and privates, $8; the same being applicable to officers and soldiers of the militia and volunteers in the service of the United States, as well as the regular army; but the said rates not to diminish the pension of any person now entitled to a higher rate by special provision of law —Act 2ith April, 1816............................06................ 1 59 Act of the 3d March, 1819, establishes rules and forms for ascertaining disabilities in all cases of application for pensions to invalids, (revolittionary or since the revolhution,) withholding the benefits thereof from those revolutionary pensioners who shall avail themselves of the benefits of the act of 18th March, 1818, on account of indigence; which rtules anJ forms are to be complied with every two years —Act 3d March, 1819........................ 122 70 Pensions, or arrears of pensions, accruing under the forms of the above mentioned act of 3d March, 1819, directed in case of death of such pensioners to be paid to their widows, children, or legal representatives —Act 2d March, 1829, sec. 1.................... 146 99 Act of the 1 5th June, 1832, directs that officers, commissioned and noncommissioned, and privates, of the mounted volunteers, organized for the defence of the frontiers, who may be disabled in the service, be allowed the like pensions as are granted to the military establishment of the United States —Act 15th June, 1832..................... 163 130 Invalids of the regiment of dragoons, raised for defence of the frontier (in place of mounted rangers disbanded) to be placed on the pension rollAct 2d March, 1833....................... 177 156 Invalids of volunteers and militia, disabled in the service to suppress Indian hostilities in Florida, are allowed the same rates of pension as conferred on invalids of the regular army —Act 19th March, 1836.... 188 172 *The same provisions are applicable to the invalids of the peace establishment of the act of -2d March, 1821, which act made no provision, nor altered any preuious provision for pensions. —See XJi% Wirt's opinion, 17th sJovember, 1826, p. 356. INDEX. 711 MNVALIDS, MILITARY AND NAVAL (Continuted.) Page. No. Invalids of the corps of Cherokee warriors disabled in the service of the United States in the war of 1812, are allowed the same rates of pension as are conferred on invalids of the regular army-Act 14th April, 1842........................ 201 193 Invalids of volunteer corps, disabled in prosecuting the war with Mexico, are allowed the same rates of pension as are conferred on invalids of the regular army-Act 13th May, 1846............................ 210 207 Invalids of the ordnance corps, including artificers and laborers of said corps, disabled in prosecuting the Mexican war, are allowed pensions on the same footing as officers and others of the regular army-Act 10th August, 1848...... 278 295 Invalid pensioners, disabled in the military service (navy invalid pensioners not mentioned in the act) are entitled to the privileges of the Military Asylum at Philadelphia, on surrendering their certificates of pension for the time-Act 3d March, 1851....................... 225 222 3. _Wavy Invalid Pensioners, disabled since the Revolutioln. Invalids of the naval armament as authorized by this act-officers, seamen, and marines, disabled in the line of their duty-to be placed on the list of invalids of the United States, at rates proportioned to their disability-Act 1st July, 1797................................. 229 225 Ynvalids of the marine corps, officers and privates, are allowed the same pensions, according to rank, as officers and privates of the military establishment-Act 11th July, 1798............................. 321 1 Invalids of the naval armament, officers, seamen, and marines, disabled in the line of their duty, to receive half pay for life for total disability, and in like proportion for inferior disability, to be discharged by prize money accruing to the United States, constituted a fund for that purpose, under the management of the Secretaries of the Navy, the Treasury, and the War Departments-Act 2d March, 1799............... 330 226 Invalids of the naval service are to be allowed pensions under the regulations to be prescribed by the aforesaid Commissioners of the Navy Pension fund-Act 26th March, 1804...... 323 2 Invalids of private armed ships, officers and seamen, to be placed on the privateer pension roll at fixed rates of pension, to be paid out of the privateer pension fund established by act of June 18th, 1812, under direction of the Secretary of the Navy, and repeated by-Act 26th ianuary, 1812............................................. 237 230 Invalids of private armed ships, to be pensioned and paid, as above-Act 13th February, 1813.............................. 238 232 The same, under the aforesaid act regulating pensions to officers, &c. disabled on board private armed ships, explained so as to authorize the Secretary of the Navy to place all such invalids on the pension rollAct 2d August, 1813..................................... 324 3 Invalids of the revenue cutter service, disabled whilst co-operating with the navy, are to receive pensions as those disabled in the naval serviceAct 18th April, 1814................................... 642 3 Invalids disabled at Dartmoor prison, in England, to beplaced on the roll of navy invalid pensioners-Act 2d April, 1816................. 243 237 Pensions to invalids of the navy to be regulated according to the pay of the navy in force, as existing on the Ist January, 1835, and to commence from the date of disability —Act 3d March, 1837............ 267 277'The same restrictions of the rates of pensions to invalids of the navy, to the rates of pay of 1835, are repeated-Act 23d August, 1842..... 271 285 Engineers, coal heavers, and firemen, disabled in the naval service, (since the 31st August, 1842,) to be allowed pensions in the same manner as officers, seamen, and marines, at specified rates-Act 11th Aug., 1848 276 294 Invalids of the marine corps, disabled in the war with Mexico, to be placed on the same footing with the regular army-Resolution 10th August, 1848............................... 278 295 112 INDEX. INVALIDS, MILITARY AND NAVAL (Continued.) Page. N. 4. indigents of the Army and Navy, who served in the Revolutionary W1ar, a trifle over half pay. By the act of the 18th March, 1818, all commissioned and non-commissioned officers, musicians, private soldiers, and seamen; and all officers in the hospital department and medical staff, who served in the revolutionary war, and who are, or may become, reduced in circumstances, so as to need the assistance of their country, shall receive a pension, at fixed rates, somewhat increased over half pay, under regulations prescribed by the said act-Act 18th March, 1818................... 119 65 The aforesaid provisions and regulations of the 18th March, 1818, are amended-Act 1st May, 1820................................. 127 75 The Secretary of War is authorized and required to restore to the pension roll any persons who have been placed thereon, under the act of 18th March, 1818, and stricken therefrom in pursuance of the act of 1st May, 1820, if such person shall satisfy the Secretary of War that they are unable to support themselves without the assistance of their country-Act Ist March, 1823............................... 133 79 5. The Surviving Officers [soldiers and seamen] who served in the Revolutionary War to receive full pay. By the act of the 15th May, 1828, the surviving officers of the army of the revolution, of the continental line, who were entitled to half pay by the resolve of the 21st October, 1780, shall receive full pay from the 3d March, 1826, during-the residue of their lives-Act 15th May, 1828... 143 96 The provisions of section 2, of the aforesaid act, so restricted as not to apply to invalids-Act 31st May, 1830......................... 155 113 The same restrictions repeated-Act 14th July, 1832................ 167 138 The act of the 7tlh June, 1832, supplementary to the aforesaid act of 15th May, 1828, provides that the surviving officers, non-commissioned officers, musicians, soldiers, Indian spies, of the continental line, State troops, volunteers, or militia, who served two years in the revolution, and not entitled to any benefit under the act of 15th May, 1828, shall receive the amount of their full pay in said line; and for a term less than two years, and not less than six months, a sum proportionate to full pay-Act 7th June, 1832................................. 161 129 The provisions of section 2, of the said act of 7th June, 1832, so restricted as not to apply to invalids-Act 19th February, 1833........ 174 151 In executing the said act of 7th June, 1832, the period or conclusion of the war shall be estimated at the definitive treaty of peace-Resolution 2d March, 1833.....17......................... 177 155 L. LABORERS AND ARTIFICERS OF THE ORDNANCE CORPS, Engaged in the Mexican war, allowed land bounties and pensions, on the same footing with oflicers, &c., of the regular army-Act 10th Auaust, 1848.............................................. 278 295 LAND BOUNTIES. See "Bounty Lands." LEGAL REP1RESENTATIVES. Legal representatives (after the widows and orphans, as specified in most other cases) are, allowed the pensions to which their principals were entitled, who were killed or died in the campaign of the Wabash —Act 10th April, 1812........................................ 83 47 Legal representatives (after heirs) entitled to receive the unliquidated "commutation" due to deceased officers of the revolution in certain cases-Act 15th June, 1832........1....................... 163 131 INDEX. 713 LETTERS OF MARQUE. Page. No. The act making declaration of war against Great Britain authorized the President to issue "letters of marque" and general reprisal-Act 18th June, 1812...... 236 229 The President is empowered to revoke "letters of marque" which he may grant in pursuance of the aforesaid act; and two per cent. of the prize money arising from captures and salvage by private armed vessels, to be held as a "' privateer fund " for the maintenance of persons disabled on board of private armed vessels, and of the widows and orphans of those who may be slain-Act 26th June, 1812............ 237 230 M. MATES. See "invalids" of the navy (including seamen, boatswains, and mates, provided for under various acts.) MARINE CORPS. Officers, non-commissioned officers, musicians, and privates of, engaged in the war with Mexico, allowed bounty land-Act 10th August, 1848 278 295 Under this original act to raise and organize the marine corps, the same pensions were granted for wounds and disabilities as are granted, according to rank, by the act to ascertain and fix the military peace establishment of 3d March, 1795-Act 11th July, 1798............. 321 1 MILITARY OFFICERS. Supernumeraries of the revolution, to be provided for by the several States, at the charge of the United States-Resolution 24th November, 1778. 5 4 Exchanved, considered as supernumeraries, (see "officers")-Resolution 22d May, 1790............................................ 6 5 MILITIA CORPS. Invalids of, disabled in the'Seminole war, to receive the highest rate of pension allowed to those of the regular army in the war of 1812-Act 20th April, 1818........................................... 120 66 N. NAVY INVALIDS. (For references to this in detail, see "Invalids.") NAVY OFFICERS. Seamen or marines disabled in the revolutionary war, to be provided forResolution 26th August, 1776.............................. 1 Officers, seamen, or marines, shall not receive both pay and pension at the same time-Act 16th August, 1841.......................... 270 284 -NAVY PENSION FUND. (See "Funds.") The proceeds of sales of prizes captured by public armed vessels, to be paid by the marshal of the district to the registry of the court, and the share of the United States to be carried to the credit of the treasurer, and that of the captors to be paid over by the order of the court, with other details of the duties of marshals and courts in the premises-Act 16th April, 1816.. 243 238 0. OATHS. To be taken by invalids on presenting claims for pensions before State authorities; article 8-Resolution 7th June, 1785... 12 15 Of allegiance to be taken by officers, &c.-Act 30th April, 1790...... 15 2 OFFICERS. Supernumeraries of the revolution to be provided for by the several States, at the charge of the United States-Resolution 24th November, 1778. 5 4 Continental, exchanged, entitled to one year's pay-Resolution 22d May, 1790.. 6 5 Of the hospital department, director, physicians, and surgeons, entitled to certain rates of half pay for life-Resolution 17th January, 1781. 7 8 14 I7NDEX. OFFICERS (Continued.) Page. No. Indebtedness of officers subject to be deducted from the allowance of pension, they being required to deposite a certificate that no balance is due from them, before receipt of their pension-Resolution 12th July, 1787 13 18 Officers, non-commissioned officers, and others, engaged in the land and noval service of the United States in the revolutionary war, who are in indigent circumstances, entitled to pensions at certain increased rates, and under certain regulations, for life-Act 28th March, 1818....... 119 65 Officers, seamen, and marines, shall not receive both pay and pension at the same time-Act 16th August, 1841...................... 270 284 Said officers and others are required to produce a "schedule of their property, as evidence of their inability to support themselves-Act 1st May, 1820......'..................... 127 75 Those stricken off the pension list under the provisions of the said act of 1st May, 1820, to be restored, on satisfactory evidence of their indigence, prescribing additional regulations and facilities for taking evidence-Act 1st March, 1823..........13....2 79 Surviving officers and soldiers of the revolutionary army of the continental line entitled to half-pay, under resolution of 21st October, 1780, shall receive full pay in said line, from 3d March, 1826, for life-Act 15th May, 1828........................................... 143 96 Officers and soldiers, and Indian spies, of the continental line of the revolution, also State troops, volunteers, or militia, surviving, who served certain periods, to receive full pay, according to rank, not to exceed the pay of a captain-Act 7th June, 1832....................... 161 129 Of the Virginia revolutionary line, promised half pay by Virginia and paid, said half-pay refunded; and judgments against Virginia for half pay, to be paid by the United States; and claims of like kind not prosecuted to judgment, to be paid-Act 5th July, 1832............... 164 133 And soldiers, &c., of the revolutionary war, now living, who may have been prisoners of war, to be allowed, in estimating their pension under the act of 7th June, 1832, for the time of their imprisonment-Act 14th July, 1832............................ 171 143 Now living, who entered and continued in the army to the close of the war, their pensions to be computed accordingly-Act 2d March, 1833 177 155 ORDNANCE CORPS. Enlisted men of, disabled in the line of duty, entitled to pension in the same manner as non-commissioned officers and privates of other corps of the army, not to exceed $8 a month-Act 10th July, 1848.... 214 211 P. PAY OF PENSIONS. And auxiliaries thereto, (for which see "half pay," "full pay," "depreciation of pay." PENSIONS. Each of the heads of the several departments having charge of the administration of pension laws, required to make yearly report to Congress of appropriations of pensions which they have not sufficient authority to grant, that Congress may consider the same-Act 29th May, 1830. 156 11 Pensions due in any of the States where there is no pension agent, to be paid at the seat of government-Act 7th January, 1809............ 65 39 Pension duties, transfers of, (for which see " transfers," "' Commissioner of Pensiols.") Pensions not to be paid by the Bank of the United States; the Secretary of Wkar to appoint agents-Act 20th September, 1836........... 190 174 Pensions, military, (for which see "officers," "military invalid pensions.") Pensions, naval, (for which see " officers," "navy invalid pensions.") Pensions to invalids, (for which see " invalid pensions.") Pensions to marines, (for which see "marine corps," "'navy invalid pensions.") INDEX. 715 PENSIONS (Continued.) rage. No. Pensions to privateersmen, (for which see'"privateering," "prize money," "navy invalid pensions." Pensions unclaimed, &c., (for which see "arrears of pensions," " arrearages of pensions." Pensioners of South Carolina to be placed on the pension list of the United States, and their commutation of half pay to be returned or deducted-Act 3d March, 1804............................. 47 32 PRE-E M PT[IONERS. Who may have right to bounty lands, their rights, warrantees, and preemptions reco nciled-Act 27th January, 1835...655 21 PRI VATEERING. Authorized by the act making declaration of war against Great BritainAct 18th June, 1812. (See "Letters-of-marque."............... 236 229 PRIVATE ARMED VESSELS. Additional instructions to, by the President, issued by the Secretary of State, referred to-Act 13th July, 1813.......................... 239 234 Claims of the United States to goods captured by, relinquished-Act 13th July, 1813................................... 239 234 Owners, officers, and crew of, rewarded for captures made by themr-Act 29th April, 1816.................................. 249 241 PRIVATEER PENSION FUND. Two per cent. of prize money to constitute a fund fox the support of widows and orphans of persons slain on board of private armed vessels -Act 26th June, 1812..................................... 257 230 Further regulations, and use of, for payment of pensions to invalids disabled on board of private armed vessels-Act 13th February, 181 3. 238 232 PRIZE MONEY. Distribution and other disposition of, also that portion of, accruing, or which has accrued to the share of the United States, to constitute a fund called the " navy pension fund," for the payment of navy pensioners, and any deficiency to be made up, (for which see "Funds")-Act March 2, 1799.......................................... 230 226 Vessels captured on Lake Champlain to be purchased, and the amount of valuation distributed as prize money-Act 3d March, 1815... 242 236 PROMOT'ION. Of private soldiers, no bar to their allowance of bounty land-Act 27th May, 1848...................................... 652 17 R. RANGERS. Raised for the protection of the frontiers against incursions of Indian tribes, officers and privates disabled in the service allowed the same rates of pension, according to rank, as those of the regular military establishment-Act 2d January, 1812............. 313.1 Otherwise called mounted volunteers, raised for the defence of the northwestern frontier against Indian incursions, allowed the same pension in cases of disability incurred in the service, as those of like grade in the regular army-Act 15th June, 1832...................... 318 6 REVENUE CUTTERS. Officers and seamen of, wounded or disabled whilst co-operating with the navy, to be placed on the navy pension list, at the same rates of pension as officers and seamen of the navy-Act 18th April, 1814.......... 642 3 REVENUE CUTTER SURVEYOR. Officers and crew of, taken prisoners, provided for-Act 27th April, 1816 247 241 S. SCRIP. In lieu of bounty land, how to be issued under the 9th section of the act of 11th February, 1847-Act 3d March, 1847.................... 308 46 16- INDEX. SCRIP (Continued.) Page. No. Dividends or interest on said bounty land scrip, how paid-Resolution 10th August. 1850............................................ 308 47 The aforesaid resolution relative to the payment of dividends or interest on bounty land scrip, amended-Resolution 25th September, 1850... 309 48 SEA-FENCIBLES. Disabled in the sea or land service, allowed the same rates of pensions as officers, &c., in the naval or military service, respectively, in which they may be disabled-Act 26th July, 1813...................... 315 3 SEAMEN. See 6" Invalids " of the navy, (including seamen provided for under various acts. ) SEMINOLE WAR. The pay and pensions of militia engaged in, to be the highest allowed to militia engaged in the war of 18 12 with England-Act 20th April, 1818 120 66 SOUTH CAROLINA PENSIONERS'. Assumed as pensioners of the United States, with regulations for paying arrears due them-Act 3d March, 1804................... 47 32 T. TRANSFERS OF BALANCES OF APPROPRIATIONS. For the payment of pensions iemaining for eight months unclaimed, in the hands of agents, to be made to the Treasury by draft of the Commissioner of Pensions on the agent-Act 6th April, 1838......... 195 182 The interval extended to fourteen months-Act 23d August, 1842. (See'" appropriations, balances of.")................................ 271 285 TRANSFER OF DUTIES. To the Pension Office, (for which see " Commissioner of Pensions.") TRANSFER OF. NAMES OF PENSIONERS. From one pension agency to another, for payment of their pensions, authorized-Act 23d May, 1844.......................... 206 200 V. VIRGINIA BOUNTY LAND AND SCRIP CLAIMS.Bounty lands, additional quantity of 300,000 acres to that appropriated by the act of the 30th May, 1830,t granted for the relief of officers and soldiers of the Virginia line and navy, who served in the revolutionary war-Act 13th July, 1832............................ 299 - 29 Additional 200,000 acres to the quantity of 550,000 appropriated by the acts of 30th May, 1830, and 13th July, 1832, is now granted for the same objects; and the certificates of scrip authorized to be issued in lieu of warrants for any portion of said lands, be receivable in payment for any public lands liable to sale at private entry-Act 2d March, 1833.. 300 32 VIRGINIA REVOLUTIONARY PENSIONERS. And pension claimants of half pay for life —Appropriation made to refund the former, and judgments against Virginia for other amounts provided for; also other claims not yet prosecuted to judgment ordered to be paid, on the principles of the like cases decided by the Supreme Court of Virginia-Act 5th July, 1832..... 164 133 The principle for the hundredth time recognised, that revolutionary officers of the Virginia line, on continental establishment, are entitled to * The few acts on these subjects to which we have occasionally given insertion, though out of place in this compilation, except the last above quoted, serve to show something of the vast amount of legislation (as well as of lands and money) that has been devoted to those claims, arising out of the munificent provisions of Virginia, having an empire of vacant, lands to give away, in order to effect a great national object. t The act of the 30th May, 1838, -section 5. set apart 200,000 acres, and section 6, an additional 50,000 acres. The 1st section of this act authorized the officers and soldiers, sailors and marines, who were in the service of Virginia in her own State establishment, to szurrender to the Secretary of the Treasury (who then executed lhe laws for the payment of those claims) such of their warrants for military land bornty as remained unsatisfied, and to r'eceive certificates of scrip for the same, &c. The latest act on this subject is that of 20th July, 1850, " further to extend the time for locating Virginia military land warrants, anti returning surveys thereon to the General Land Office." ivDEX 71 ViRGIN[A REVOLUTIONRAY PENSIONERS (Continued.) Page. No receive from the United States their "commutation" of five years' half pay with interest, in the same manner as if a " certificate " had been given them for the amount of such commutation, and the same had been subscritbed by them to the funded debt of the United States, under the act of the 24th August, 179v —Act 2d March, 1833....... 178 157 The duties heretofore performed by the Secretary of the Treasury in execution of Virginia claims of pension, and deficiency of' commutation, for revolutionary services, are transferred to the War Department, that is, to the Pension Office-Act 3d March, 1835............. 188 171 W. WIDOWS AND ORPHANS' PENSIONS —IN THREE DIVISIONS. 1. Of widows and orphanls of officers, 4-c., of the military establishment, who died in servtce during the revolution. The widows and orphans of certain officers of the army of the revolution, who were entitled to holJ'pay for seven years had they continued in the service to the end of the war, but who have died, or may die, in the service b,efore the end of the war, shall be entitled to the half pay of their deceased husbands or fathers, for the said term of seven years, to be computed from the death of the deceased; and the several States are requested to pay the same on account of the United States-Resolution.24th August, 1780....................... 6 6 The said claims of widows and orphans for seven years half pay pensions, (being construed to be erlmbaced w th all other cltiins presented offer the 1t o(f Auguf, 1786,) barred after 1st August, 1786-Rosolution 2d November, 1785.......................13........ 1 16 The said claims of widows and orphans, (construed to be embracAl with all other claims,) if not presentedl within eight mnonths after the date of this resolution, will be barred-Resolution 23d July. 1787.......... 14 19 The sail claims of widows and orphans, so far as construed to be enmbraced by the said resolutions of 2d November, 1 785, and 23d July, 1787, are relieved, antd may be presented any time during two years from- the clate of this act-Act 23d Mlarch, 1792.. 22 9 The said claims of certain widows and orphans are again relieved, and the Cmomptroller of the Treasury is required to adjust the claims of indiviiluals mentioned-Act 27th March, 1792...................... 10 Pensions due to officers and soldiers who were killed or died in the war of the revolution, shall be paid to the widows or or[phans of such officers or soldiers, by a "certificate " to tbe issued by the Register of the T'reasury, in like manner and on the samre principles as certificates are tby act, directed to be given to officers, &c. — Act 11th August, 1790.... 19 5 2. Of w;idows aud orpbalrs if cfficers, 4c., of the army, militia, zvoinhftecrs, and othfr rorp.s, since the re, ol/tion; togelher with those (f rvolblt;ionarry officers, 4-c.. of fhe niltiir.1 and m,Io.vlil S.ruice prii,;dedbfor by the acts ot/lie l/8th March, lst 18 f/e 25th Mail, 1316,. tie 7/h June, 1832, antd their supplemens, which latter ore designated hbq usterisks, thus ('). WIDO Ws AND OPHIIANS. Of' any commnissionele officer in the troops of the JUnited States, who shall die ot wounds received in the service, shadl He allowed half the monthly pay the( mleceased was elmtitled to at the time ol his death, for the term of fevt years-Act 7th June, 1794...................... 29 15 The sall provisions ot the said act of June 7, 1794, are extendled to the wii vms and orphans ol (commlllmissioned officers of the aulmy anil nrilfa who have died of wmundi received in service silce the 4th March, 1;89 -Act 14th March, 17!.................................. 43 2 The widlows aud orphqans of any cormmissioned officers in the military peace establishmelt fixed tly this act, wlho shall dlie of wounds receivm d p718 INDEX. WIDOWS AND ORPHANS (Continued.) age. N. in the service, shall be allowed a pension of half the pay to which the deceased was entitled, for the term of live years —Act fixing the military peace establishment, 16th March, 1802...................... 44 3 The same provisions of the said act of 16th March, 1802, are promised to widows and orphans of commissioned officers of the additional force authorized by this act-Act 12th April, 18t18.................. 57 37 The same provisions of the said act of 16th March, 1802, are promised to widows and orphans of certain companies of rangers authorized by this act-Act 2d January, 1812... 81 43 The widows and orphans of commissioned officers of the additional military force authorized by this act, who shall die of wounds received in the service, shall be allowed a pension of half the pay to which the deceased was entitled, for the term offive years-Act 1 lth January, 1812 81 44 Half-pay foir five years is granted to the widows and orphans of the officers and soldiers of the volunteers and militia who died of wounds received in the campaign on the Wabash-Act 10th April, 1812...... 83 47 Half pay for five years is promised to the widows and orphans of commissioned officers of the additional regiments of infantry authorised by this act, who shall die of wounds received in the service-Act 29th January, 1813............................................ 92 50 Half-pay for five years is allowed to the widows and orphans of commissioned officers of the militia or volunteer corps, who have died or may die of wounds received in the service-Act 2d August, 1813......... 95 52 Half-pay for five years, as per peace establishment of 1802, is promised to the widows and orphans of those commissioned officers in the military peace establishment fixed by this act, who may die of wounds receaved in the service-Act 3t March, 1815...................... 99 55 Half-pay for five years (bounty land being relinquished in the cases specified) is exte ded to the widows and orphans of officers and soldiers of the militia, rangers, sea-fencibles, and volunteers; also of the non-commissioned olfficers, musicians, and privates, enlisted for one year or eighteen months, and of commissioned officers of the regular army, who died or were killed in the late war of 1812 —Act 16th April, 1816............................103 58 The widows and orphans of soldiers of the militia, the volunteers, the rangers, and the sea fencibles, who served during the late war of 1812, for whom hall pay for five years was provided by the said act of the 16th April, 1816, are made equal, at 548 per annum to each, and to be entitled to the same rate of pension, at $4 a month, on relinquishment of title to bounty land, and the widows and orphans of the officers of the said corps to be entitled to the half pay of officers of infantryAct 3d March, 1817.... 117 64 The half-pay for five years at the highest rate allowed the militia in the war of 1812, is allowed to the widows and orphans of the militia called into service after the 1st September, 1817, in prosecuting the Seminole war, andt who died in said service-Act 20th April, 1818.......... 120 66 Pensions allowed to certain widows and orphans at the rate of v4 a month, on relinquishing their title to bounty land under the act of 16th April, 1816, are further restricted-Act 3d March, 1819................ 123 72 Widows or orphans, or legal represettatives of revolutionary pensioners who have died leaving arrears of pension due, are entitled to receive the same, (see Arrears)-Act 2d March, 1829...................... 146 99 Widows and orphans of certain revolutionary arid other pensioners mentined, will be entitled to receive any arrears of pension that may be due on their demise, of those pensions (for other cases see Arrears)Act 2iith Mlay, lt30........................................ 148 104 Widows or orphans of revolutionary pensioners (military and naval) under this act (of June 7, 1832) and the act to which it is supplementary, are entitli:d to receive any arrears of pension that may accrue between the last paymtnt and the death of such pensioners-Act 7th June, 1832..................................................... 161 129 INDEX,.719 WIDOWS AND ORPHANS (Continued.) Page. No. Half pay for five years to widows and orphans of all those who die of wounds received in the war of 1812, heretofore provided for by law, is extended for a further term of five years, to the widows alone-Act 28th June, 1832, sec. 2t-.................................... 257 260 Widows and children of mounted rangers or dragoons raised by this act, including officers, non-commissioned officers, musicians, farriers, and privates, disabled in service, shall be entitled to the same benefits in every respect as those of other troops constituting the present peace es tablishment —Act 2d March, 1833... 177 156 Widows and children of officers, non-commissioned officers, and privates, of militia and volunteer corps, who have died or may die, in the service or whilst returning home, of wounds received in service, in suppressing Indian hostilities in Florida, allowed half pay for five years, being at the same rates of pay as of the regular army —Act 19th May, 1836. 188 172 Widows and children of officers, non commissioned officers, musicians, and privates, of militia, including rangers, seafencibles and volroteers, who have died in the service since the 20th of April, 1818, or in consequence of wounds received in the service, since the day aforesaid, are allowed half pay during the term of Jfie years-Act 4th July, 1836.. 319 7 Widows and orphans of officers and soldiers, and Indian spies, [also of seamren and marinzes] who served in the 1" revolutionary war," as specified in the act of June 7th, 1832, and have died between the 4th March, 1831, and the 7th June, 18.2, shall be allowed the amount of pension, at the rate of full pay of their deceased husband or father, from the 4th March, 1831, to the date of said father or husband's deathAct 4th July, 1836................................... 319 7 W 7idows of officers who served in the war of the revolution in the manner specified in the act of June 7, 1832, whose marriage took place before the expiration of the last period of such officers' service, shall be entitled to receive the pension he might have received by virtue of said act, if living at the time it was passed-Act 4th July, 1836............. 319 7 The pensions granted to widows under the act of July 4th, 1836, shall not be withheld from any such widows for having married since the death of their husbands for whose services they claim, if they were widows at the passage of said act-Act 3d Mlrch, 1837............. 324 4' Widows of revolutionary officers and soldiers, married before the Ist January, 1794, allowed the half pay of their deceased husbands, forfivee years, under regulations by the Secretary of War —Act 7th June, 1838 195 184 e The pension to which any officer or soldier of the revolution would have been entitled under the 3d section of' the act of July 4th, 1836, who has died since the passage of that act, or shall hereafter die, shall not be withheld from his widow because he was livion at the time the said act was passed (although the said section says of those officers and soldiers "who have died, leaving a widow," &c.) —Act 7th June, 1838.. 195 184 * The pension under the act of July 7th, 1838, shall not be withheld from any widow whose husband died between the 7th June, 1832, and the 7th July, 1838, if otherwise entitled to it-Resolution 16th Aug. 184.2 202 195 M* Iarriage of a widow after the death of her husband for whose services she may claim a pension under the act of' July 7th, 1838, shall be no bar to her claim, if she be a widow at the time of her application-Act 23d August, 1842................... 202 194 * Widows ol certain revolutionary'officers and soldiers who were entitled to pensions under the act of June 7th, 18:32, and whose said widows are entitled to pensions under the acts of July 7th, 1838, August 23d, 1842, and the resolution of August 16th, 1842, shall have the same continued for one year —Act 3d1 March, 1843................... 204 198 " No pensions shall be granted to widows "htereafler," for the samle time that their husbands had received pensions-Act 30th April, 1844... 205 199 t This law also applies to navry pensioners-see section I of said act. $:fio INDEX, WIDOWS AND ORPHANS (Continued.) age. No,' The widows of certain revolutionary officers and soldiers whose pensions were extended for one year by the act of March 3, 184:3, are allowed a further extension of the same forfour years-Act 17th June, 1844,. 207 202 " Claims of widows for revolutionary and other pensions pending at the passage of this resolution, not to be affected by the appropriation act of the 20th February, 184.5, for pensions of various denominations-Resolution 23d January, 1845........... 661 14 * Widows entitled to pensions under existing laws, and claiming pensions, whose husbands were drawing pensions at the time of their decease, shall not be required to furnish further evidence, nor evidence in any case where the evidence exists in the archives of the Government, except sufficient to establish their marriage, provided the pension had been properly granted to the deceased husband-Act 7th May, 1846. 209 205 a The widows of revolutionary officers and soldiers specified in the act of June 7, 1832, who are entitled to receive pensions during life, and such widows as have been pensioned by certain acts, shall, nevertheless, be dropped from the pension rolls in the event of their marriageAct 2d February, 1848...................................... 212 209 The proviso of the aforesaid act having in question previous allowance of pensions by the officer, to the deceased husbands of certain widows, is repealed —Act 26th June, 1848...................... 213 210 Widows and orphans of officers and soldiers who were in the army on the tst March, 1846, and during the Mexican war, are entitled to pensions under the provisions of the act of July 4, 1836, and at the same rates as those provided for in that act, and under such regulations as may be prescribed by the Secretary of War —Act 21st July, 1848.... 226 224 a Widows of revolutionary officers and soldiers, mariners, marines, and Indian spies, who shall have seived in the continental line, State troops, volunteers, militia, or in the naval service, in the revolutionary war, are entitled to pension during their widowhood, equal to what their husbands would have been entitled to under existing laws, if they have not married since the 1st of January, 1800-Act 29th July, 1848.... 215 212 The provisions of the 2d section of the act of July 21, 1848, are to be construed as granting pensions to those widows and orphans whose husbands or fathers, whether of the regular army or volunteers, received honorable discharges, or died whilst in the service, or since their return therefrom, of wounds received or disease contracted in the line of duty in said service —Act 22dt February, 1849............... 217 215 In all cases of application for pensions under the act of July 21, 1848, by widows of deceased soldiers, the returns on the rolls of the disease of which the soldier died, and the official opinion of the Surgeon General found thereon, that it was contracted whilst the soldier was in the line of his duty, shall be considered satisfactory evidence thereof, without the proof now required at the Pension Office, and that it shall be the duty of the Commissioner of Pensions in all cases of application for pensions under said act, to apply to the proper officer for said evidence, without requiring the applicant to furnish the samet —Act 3d March, I849.. o..................... 217 216 3. Of wildows and orphans of offietrs, &ci, of the,maval establishmenlt, onrines, privateers, sea fefncibles, kc., *who have died of disubililies incurred in the aervice since the revolution. Widows and orphans of officers and others slain on board of private armed vessels, to ble provided for out of the privateer pension filndl-Act 26th June, 1812........................... 237 230 Widows and orphans of officers of the navy and maRines, killed in the line of their duty, entitled to receive half the mlrithly pay of the deceased husband or father, ftrf/ive years-Act 20th January, 1813... 237 231 t This rule, by parity of reasoning: should apply to the cases of widows of officers, &c., of the nav4a service also. See this sub iect fully explained at ip) 66t9, 670. INDEX.'721 WIDOWS AND ORPHANS (Continued.) Page. Not Widows and.orphans of persons slain in the public or private armed vesn sels, allowed pensions for five years, the former to be paid out of the Navy pension fund, and the latter out of the privateer pension fundAct 4th March, 1814........................................ 241 235 Widows and orphans of persons slain at Dartmore prison, England, allowed pensions at the rates of navy pensioners-Act 2dl April, 1816.. 243 237 ~Widows and orphans of officers, seamen, and marines slain in putblic armed vessels of the United States, allowed pensions for five years, to be paid out of the navy pension fund-Act 3d March, 1817......... 3.504 247 Widows and orphans of officers, seamen, and marines, slain in public and private armed vessels of the United States, allowed pensions, " to be paid out of the privateer pension fund" [meaning as to the former, out of the " Navy pension fund"]-Act 16th April, 188............. 51 48 The pensions of widows and orphans of officers, seamen, and marines, killed or died in service, are. extended for five years-Act 3d March, 1819........................... 0 252 250 The same, extended for a further term office years-Act 22d Jan., 1824 253 251 The pensions granted to the widows and orphans of persons slain in private armed vessels, by the acts of the 4th March, 1814, and the 16th April, 1818, are continued for an additional term of five years, respectively, from the period of their expiration, to be paid out of the privateer pension fund-Act 9th April, 1824................... 646 8 The pensions of widows and orphans of officers, seamen, and marines, [qutery? as to marines,] slain or died' in the lines of their duty in private armed vessels, which had expired before the 9th April, 1824, are reviied and extended for five years, to be paid out of the privateer pension fund-Act 26th May, 1824.................2.......... 254 252 The expired pensions of widows and orphans of officeis, seamen, and marines, slain or died in the naval service during the war of 1812, are extended for a further term of five years; and in all other cases where widows and orphans' pensions extended for five years have expired, or shall expire, they shall be renewed, respectively, for five years, making. the provision equal to twenty years' half pay; and the pensions heretofore granted under certain acts, to widows and orphans of persons slain inpub/ic and private armed vessels, are also extended for five years, from the expiration of these terms respectively, to be paid out of the navy pension fund, or the privateer pension fund, as the case may be — Act 23d May, 1828.............254 253 The expired pensions in all, cases as- above, are renewed for a further term of fice years to the widows only-Act 28th June 1832......... 257 260 The expired pensions of xwidows and orphans of persons slain in private armed vessels [this is a repetition as to' widows, see the last clause inr the act of 23d May, 1828, and the continuation of 28th June, 1832',] are extended from the expiration of their terms respectively, for a further term of five years-Act 19th June, 1834..................... 263 269 The expired pensions in all cases provided for or extended by the act of 28th June, 1832, are extended to widows for another term offive years — Act 30th June, 1834................................ 264 271 Widows and orphans of officers, seamen, and marines, who have died or may hereafter die in the naval service, are allowed pensions of half the monthly pay of such deceased, at the rates of the pay of the navy as it existed on the 1st January, 18:35 —.Act 3d March, 1837.......... 267 277 The pensions to which widows and orphans are entitled under the act 3d' March, 1837, (aforesaid,) to cease, and none others to be hereafter allowed by virtue of said act —Act 16th August, 1841.............. 270 284 The expired pensions heretofore granted and to be paid to widows and orphans out of the navy pension fund, are renewed for a further termr of fie years, to be paid out of the treasury —Act 3d March 1845.... 274 291 The pensions to widows and orphans which have expired since the passage of the said act 3d March, 1845, are renewed for another term of five years —Act 3d March, 1847................................O 275 293 5 1A WIDOWS AND ORPHANS (Contintued.)' Pei 06. The expired pensions heretofore granted to widows and orphans under any (f the laws of Congress passed prior to the 1st August, 1841, (with one exception,) and those of widows and orphans who have receive~d pensions at any time within five years, under any special act, prior to the passage of this act, shall be continued for another term of five years, with certain conditions, to be paid from the treasury —Act 1 1th August, 18418.........."..................... 276 29f4 Widows and orphans of engineers, coal-heavers, and firemen, disabled in the naval service since the 31st August, 1842, allowed pensions in the same manner as those of officers, seamen, and marines —Act 11th August, 1 848...............d.... 276 29I4 PART IIL [OPINIONS OF ATTORNEYS GEN RAL.] A. ACTS PROSPECTIVE. Do not affect what has been done, or is due to be done, under a former act, unless so declared; nor shalt a subsequent act extend the provisions of a former act to cases not embraced in it, unless expressly so requiredOpinion 10th June, 1830.. 0...... 657 ACTS, REPEAL OF. (See "Laws.") ACCOUNTS OF PENSIONERS. Not to be re-opened, even to refund a deduction that has been brongfully made from their pension by decision of the office-Opinion 10th June, 1830...... 657? AIDS-DE-CAMPR Entitled to pension-Opinion December 5th, 1820............. 341. AGENTSl' FOR PAYING PENSIONS. The contingent expenses of pension agents, in performing their official duties, should be paid; as the prohibitions of the act of April 20th, 1836, could only have been meant to stop the two per cent. commissions which had been previously allowed them for paying pensions, but not to impose an insuperable impediment to the performance of their duty-Opinion October 12th, 1839...................... 420 80 APPEAL TO THE PRESIDENT. On an adverse decision against a claim for an increase of pension, an appeal being made to the President by the claimant, the case was referred to the Attorney General, who gave opinion to this effect; "The Piesident is required to see that the laws are faithfully executed, but is not obliged to execute them himself. The law has designated the officer to decide upon applications for pensions, and has provided for no appeal to the President: wherefore he will not undertake to revise the decisions of the Commissioner"' -Opinion August 4th, 1846...... 439 9 APPLICATI()NS FOR PENSIONS. The regulations for the admission of applicants on the pension rolls must be complied'with-Opinion July 21, 1832...................... 658 3 ARRE ARS. Of privateer pensions [as also others] continued to widows, &c., at periods of five years, but remaining unclaimed by them for any portion of such periods, are Ieclaimable by them, until death or intermarriage-Opinlion 9th June, 1825....................................... 354 23 * The very numerous acts blending together the provisions for the widows and crphans of revolutionary officers, &c,, of tite military and rnaval service, (growing out of the acts of the 15th Mlay, 18'28, and the 7th Juiie, 183',) and which have been referred to under the preceding head, are not repeated uncder this head, but may b3 consulted with perhaps greater advantage where they are, slhowing their double connexion, as designaied by asterisks tlhus (*); exceplt only the act of thie ll-th August, 1848, the notice of which is here repeated on account of the universality of its provisionsi which are entitled to all notoriety, INDEX. 1723 Pag~. No. ARRZEARS (Continued) Pae. No. Of pension claimed to make up alleged deficiency of former allowance, cannot be granted by the office, except by applicationto CongressOpinion December 17, 1829....... 357 25 Of revolutionary pensions actually due, are payable out of the "general appropriation for revolutionary pensions"-Opinion 2d June, 1830... 357 26 Of "commutation" cannot be allowed interest, except by application to Congress [but the frequent allowance of it by Congress has established it as a principle with that body]-Opinion 2d October, 1830..... 364 28 Of pension as a vested right, goes to the widow at the death of her husband who leaves arrear due; but if she intermarries without having claimed her right to the arrear, her second husband, or legal representatives, are entitled to the arrear and the amount which accrued till her second marriage-Opinon 5th April, 1830..................... 394 49 Of revolutionary pension due to a deceased pensioner under the act of 7th June, 1832, and not demanded by his widow, goes, at her death, to her legal representative; if no widow, the surviving children, &c.; if no children, the legal representative of the deceased-Opinion 28th February, 1834............................................. 378 42 Of navy pension due to the pensioner at his death, by previous decision of the office, assumes the form of a debt to the deceased, and his widow or legal representatives are entitled to receive it-Opinion 28th August, 1 ~843........................................... 427 87 Of widows pensions. There is no authority for making payment of the arrears of pensions due to widows at their death, to her executors or administrators, if such widows have left no children, in whose right only could such arrears be received, and not as assets for the payment of debts —Opinion 14th July, 1846.. 436 94 Of widows pensions, paid to administrators. Where the arrears of a pension due at the decease of the widow of a revolutionary officer were paid to the'administrator appointed in one county of the State of Indiana, and an administrator subsequently appointed in another county preferred a claim for the same amount —nDicIED, that the Secretary of War who made the payment executed all the power conferred by Congress in respect to it. This decision refers to the case of the United 8tates vs. The Bank of the Metropolis (15 Peters 400) for the doctrine applicable to the power of the Executive officers to review and revise the action of their predecessors-Opinion 15th January, 1849..... 461 109 ASSIGNMENTS. Of land warrants and scrip, (see "Attorney," powers of.) ATTORNEY. Powers of, require authentication by a mayor, or other magistrate or justice of the peace-Opinion 6th July, 1816...................... 332 5 Powers of attorney for, or assignments of, Virginia military bounty land warrants, as of contracts, discussed in their various bearings, and conclusions modified according to facts and circumstances; but may be stopped to satisfy public debt of claimants-Opinion 23d April, 1836.. 658 4 ATTORNEYS GENERAL. Opinions of, advisory only, (for which see "Opinions of Attorneys General")............................................... 6 ~ 8 B. BOUNTY LANDS. A second warrant for, issued by inadvertence, and located after one had been issued for the same land, but not located, shall not exclude the right of the warrantee to locate elsewhere-Opinion 22d March, 1815 327 1 Every non-commisrsioned officer and soldier, enlisted since 10th December, 1814, entitled to 320 acres. Minority does not create incapacity to take land bounty any more than bounty in money or pay-Opinion Ist August, 181,5i.............................331 3 BOUNTY LANDS (Continzued.) - age.'god Construction of the acts of January 11, 1812, and of April 16, 1816, granting bounty land. Under act of 1816, optional with the guardian to elect either the bounty land or half pay for minor's benefit. Congress has no right to extinguish or modify a right already vested in heirs-Opinion 17th June, 1816............ 331 4 Minors must be under sixteen years of age at the death of their father, to entitle their guardian to commute their title to bounty land for half pay pension as itssubstitute-Opinion 24th December, 1816.......... 332 6 Promotion relieves a soldier of his obligation to serve out the term of his enlistment for five years or during the war of 1812, in order to entitle him to bounty land-Opinion 29th July, 1819................... 333 8 Right of Canadian volunteers to warrant for, not assignable, (see "Canadian Volunteers")-Opinion 26th December, 1819................ 335 9 Right of legal representatives to bounty land, under act of 6th February, 18 12-Opinion 21st June, 1820.............................. 340 12 A soldier's title to, who employs a substitute who deserts, remains uninpaired, to the soldier [or rather reverts to the soldier in consequence of the desertion of his substitute]-Opinion 4th November, 1831....... 365 29 Right to, as real estate, may be devised by testator to one heir-at-law, to the exclusion of another-Opinion 25th October, 1832. 370 34 Heirs at-law of a widow who died intestate, are not entitled to the bounty land claims of her husband who also died intestate * butthe heirs of the deceased husband are entitled-ODinion 5th September, 1e33....... 377 40 Under the act of 1l th February, 1847, the discharged soldier may mlake his election to take a warrant for land, or treasury scrip, (for which see "' Scrip")-Opinion 30th October, 1847................... 45. 2 10X Location of. The act of 11th February, 1847, granting bounty land to non commissioned officers and soldiers serving in the war with Mexico, does not authorize locations of land warrants upon lands the price of which is fixed at two dollars per acre, by the act of 3d March, 1846. The provision allowing bounty lands to the soldiers was intended to operate on the public lands which are subject to sale at the minimum price-Opinion 18th January, 1848..452 102 Soldiers who enlisted during the war with Mexico for twelve months, but who, without having been wounded or sick, were honorably discharged, are entitled to bounty lands under the act of 11th February, 1847-Opinion 17th March, 848............... 4454 103 To half sisters. "Surviving sisters of the half-blood of deceased soldiers, who, at their demise, were entitled to bounty lands, are equally entitled with the brothers and sisters of the whole-btlood to receive such bounty, or the money in its stead. The act makes no distinction between relatives of the whole blood and those of the half blood"-Opinion 7th September, 1848. 456 105 Claims under act of 1847. "A soldier who enlisted into the army in 1846, for the term of five years, and served until April, 1849, when, in consequence of the reduction of the army after the termination of the war with Mexico, he was honorably discharged, against his own wishes, is entitled to the bounty land provided by the 9th section of the act of 4th February, 1847. The 9th section of that act embraces those of the regular army enlisted for twelve months or for a longer period; volunteers regularly mustered into a volunteer c; mrpany, who served during the war, and have been honorably discharged; those killed, or who died of wounds received or by sickness incurred in the course of their service; and those who were discharged before the expiration of their term of service, in consequence of wounds received or sickness incurred in the course of their service"-Opinion 27Lh July, 1849....... 464 112 Claims of marine corps.'" The entire portion of the marine corps, whether they served on ship-board or land, on the Mexican coast or in the interior, in the Mexican war, are to be considered, within the true meaning of the resolution of the 10th of August, 1848, as having'served with the army in the war with Mexico,' and are entitled to the bounty land INDEX. 725 BOUNTY LANDS (Continued.) Page. No. and other remuneration which that resolution provides. But in awarding it to such of the corps as may have received prize money, such money should be carried, in the account, to the credit of the government or, when not received, should be released" —Opinion 17th September, 1849...................... 467 113 Right to warrants for. " Soldiers entitled to bounty lands under the act of 11th February, 1847, but who have not received warrants therefor, cannot dispose of their rights to such land or scrip by will. The statute expressly directs, in cases of the death of soldiers before their warrants shall have issued, that they shall be issued in favor of, and enure to, the benefit of their families or relations, according to certain rules of priority; and further provides that the land shall not be in any wise affected or charged with, or subjected to, the payment of any debt or claim incurred by such soldiers prior to the issuing of such certificates or warrants`' -Opinion 28th June, 1850...................... 472 115 Co UANADIAN VOLUNTEERS. Their right to bounty land warrants not assignable —Opinion 26th December, 1819......................................... 335 9 May locate their bounty land warrants by attorney, but, the warrants must issue in their own names-Opinion 29th December, 1820........... 342 15 Civil officers, right of, to be placed on the pension list under act of 1 1th July, 1812, depends on the regulations by the President under the authority of the act of 16th March, 1802-Opinion 31st May, 1832.... 366 31 Certificate of pension, though illegally pledged for debt (see pension certificate)-Opinion 27th October, 1832.......................... 370 35 Cherokee Chief, the pension of Pigeon, the Cherokee Chief, to be paid to his personal representatives —Opinion 23d June, 1842........... 425 84 CLAIMS. Doubtful claims deemed to be proper subjects for reference to Congressin which the views of the Auditor of the Treasury are confirmed —Opinion 18th June, 1836............ 662 5 Claims favorably decided by Congress, the previous decisions of the executive department to the contrary notwithstanding, should be complied with —Opinion 27th March, 1849...................... 663 6 COMMUTATION. Interest on arrears of, cannot be allowed, except by application to Congress (see "Arrears") —Opinion 2d October, 1830................ 264 28 Courts of Record, what so considered —Opinion 9th May, 1820...... 337 11 D. DEDUCTION OF INVALID PENSIOlNS. Received by revolutionary invalids since the 3d March, 1826, as has been the practice of the Pension Office, from the pension the claimants were otherwise entitled to receive under the 1st section of the act of the 15th May, 1828, for the relief of certain surviving officers and soldiers of the revolution, granting full pay for life, is improper; the act of the 31st May, 1830, extends the benefits of the act of the 15th May, 1828, to invalids on the pension list who were excluded by the 2d section of that act —Opinion 10th June, 1830........................... 657 2 DUTry. In the line of, military or naval (for which see "Line of Duty ")Page 328, No. 2, and................ 343 18 DUTY OF THE PRESIDENT. Not to execute the laws hirnself, but to see them executed by others — Opinion 4th August, 1846.......................... 439 96 726 INDEx. E. EXECUTION OF THE LAWS. Page. NoIn a case of an "application for an increase of pension," an appeal against an adverse decision of the Commissioner of Pensions was taken before the President, and referred to the Attorney General, who gave an opinion discriminating between the duty of seeing the laws executed, and that of executing the laws (for which see c" appeal to the President ")-Opinion 4th August, 1846...................... 4e39 92 FRAUDS. A warrant for bounty land obtained by fraud, how to be cancelled-Opinion 26th December, 1819................................. 335 9 FREE NEGROES. Enlisted in the public service as "C able bodied men," under different acts, entitled to bounty land pensions-Opinion 27th March, 1823,...... 656 INCREASE OF PENSION. To make up alleged deficiency of former allowance, cannot be granted by the department without the sanction of Congress —Opinion 17th December, 1829-............................................. 257 25 Increase of pension, application for, see " appeal" to the President against adverse decision of that office-Opinion 4th August, 1846.......... 439 96 INDIGENTS OF THE REVOLUTION.. Proof of the indigence of claimants of pensions, to be communicated by district couits or courts of record of the State or Territory, to the Secretary of War, to bring the applicant within the benefit of the act of the 18th instant-Opinion 26th March, 1818.................... 333? INDIGENT PENSIONERS. _May be stricken from the pension list if the Secretary of War thinks their schedule adequate to their support; but he cannot restore them on other evidence than a schedule of their property —Opinion 19th February, 1821 0 0..................... 343 1!: INTEREST ON COMMUTATION.Not admissible, except by order of Congress (see "1 Arrear of Commutation") — Opinion 2d October, 1830.................... 364 28 INVALIDS, MILITARY. Military invalids disabled in the line of their duty by loss of limb, by disease, or by casualties of any kind, as a stroke of the sun, according to act of the 14th March, 1802, fixing the military peace establishment (see " Line of Duty ") —Opinion 6th April, 1815................. 328'2 Military invalid pensions to commence from the time of completing the evidence of disability —Opinion 2d July, 1822.................... 345 20 Military invalid pensions under the peace establishment of 1815, are not affected by the analogous act of 1821 —Opinion 17th November, 1828 256 24 Military pensions, increase of, to make up former deficient allowance, cannot be granted except by application to Congress (see " Arrear" and "' Increase'') —Opinion 17th December, 1829.................... 357 25 Military invalid pension cannot be granted to a civil officer under the act of 11th July, 1812, except by regulation of the President under the authority of the peace establishment act of 16th March, 1802 —Opinion 31st May, 1832............................ 366 31 Military invalids disabled in the line of their duty (see " Line of Duty ") and not by their own misconduct, are entitled to pensions —Opinion 20th December, 1833........................................ 377- 41 INVALIDS, MILITARY AND NAVAL REVOLUTIONARY PENSIONS. Deductions of, from certain other revolutionary pensions under acts supplementary to the act of the 18th March, 1818, are improper (for which see "Revolutionary Pensions," also see "Deduction of Invalid Pensions") —Opinion 10th June, 1830.............. t........ 657 S INDEX.'727 INVALIDS, MILITARY AND NAVAL PENSIONERS. Pae. No. Are subject to have their pensions suspended, from omission to give proof of the continuance of their disability every two years, but cannot be stricken from the pension rolls on that account —Opinion 9th December, 1831...'. 366 30 ber, 183 l............................................. ". 366 30 INVALIDS, NAVAL, MARINE, AND PRIVATEER. The act of the 23d April, 1800, says "every seaman or marine disabled in the line of his duty, shall receive a pension in proportion to his disability, not to exceed his half pay, which extends to disability incurred in attempts to escape from imprisonment, that being in their line of duty, to be paid out of the navy pension fund," established by the aforesaid act of 23d April, 1800* —Opinion 17th April, 1821........... 343 18 The affidavit of two surgeons required in evidence of the disability of navy invalids, to entitle them to pension —Opinion 17th January, 1822 344 19 Disabled in the line of their duty, " which extends to all the operations of their ships, whether military or civil," are entitled to a pension — Opinion 21st March, 1825.................. 347 22 Invalids of private armed ships, or privateers' men, not embraced under the navy pension act of the 28th June, 1832 —Opinion 21st July, 1832 368 32 Invalids of the navy may receive pensions for inferior disability whilst they remain in the service; but for the highest rate of disability it would be incompatible with their inability to render public service, to remain and receive full pay and full pension at the same time —Opinion 17th December, 132. 372 36 cember,. 3.2............................... 372 The same opinion of 17th December, 1832, is repeated —Opinion 21st December, 1832................... 37 iNavy invalid pensions may, on recommendation, be ordered to commence at an earlier date than when first allowed —Opinion 21st December, 1832...... 373 37 Navy invalid pensions granted before the passage of the act of the 3d March, 1827, according to the rates of disability, are required by the 2d section of that act to commence from the date of their disability, but are not entitled to be increased under that section —Opinion 10th November, 1837............................. 611 67 Navy invalid pensions granted to an invalid before the passage of the act of 3d March, 1837, for less than complete disability, must prove the existence of a greater disability before his pension can be increased under the 2d section of that act. [This completes Opinion 67 in the case of Commodore Jones] — Opinion 21st November, 1837............. 412 69 Invalids of the navy disabled previous to the passage of the act of 23d April, 1800, which established the navy pension fund, are not entitled to its benefits-Opinion 3d September, 838...................... 414 72 Invalid Navy Pensioner. Pension is granted or continued to him after becoming a civil officer, and paid out of the navy pension fund —Opinion 26th May, 1842....................................... 423 82 Invalid navy pensions authorized to commence under the 2d section of the act of 3d March, 1837, cannot now be allowed under that section, the act having been repealed by act 23d August, 1842 —Opinion 15th April, 1844...431 89 Invalids of the Navy. A lieutenant otherwise entitled to a pension, is not entitled to receive it whilst on duty and in receipt of his pay as an officer of the navy. " Nor can he receive it when not on duty, whilst in receipt of the pay allowed to his grade "-Opinion 24th May, 1847... 444 98 Invalids of the Navy receiving regular pay. The Attorney General reconsiders hi, opinion of the 24th ultinso, and advises that no officer can receive at the san-e time pay as an officer on duty and as a pensioner. That officers who may be waiting orders, or on leave or furlough, can receive on account of their pensions only so much as, when added to their pay when on leave, &c., will amount to the pay of their grade when on duty-Opinion 2d June, 1847.................... 445 99 * This is a mistake; the fund was established by the act of 2d March, 1799. See 6 Funds," p. 704, and elsewhere.- EDrTORaS. 72:8ts~ - INDEX. INVALIDS, NAVAL, MARINE, &c. (Continued.) Page. No Invalids of the Navy, and Marines. The act of July 10, 1832, t'ansferred to the Secretary of the Navy all the powers theretofore possessed by the commissioners of the navy pension fund to make regulations for the admission of persons upon the roll of navy pensioners, and for the payment of such pensions. CIt therefore rests in the sound discretion of the Secretary of the Nay to decide, according to the regulations in force, when the pension of an applicant shall commence. If it has been' the settled rule of the department that pensions shall commence at the time of completing the proofs, it will be very difficult now to depart from it"-Opinion 27th September, 1848........................ 457 10S Invalids of the Marine Corps. The joint resolution of Congress, passed 10th August, 1848, placed the officers of the marine corps, who served with the army in the war with Mexico, on an equal footing with the officers of the army with whom they served. " The phrase' other remuneration,' employed in said resolution, must be understood to refer to pensions. It was the intention of Congress to remove any distinction in respect to pensions between men in the same relative position, who have been disabled by the loss of their limbs whilst fighting side by side in the same service"-Opinion 21st November, 1848........ 461 108 Invalids of the Marines. The rule of the Pension Office that an application for a pension cannot be entertained after the lapse of twenty-five years from the time when the disability was incurred, is unauthorized by law, and therefore invalid. "The power conferred upon the Secretary of the Navy to establish rules and regulations for the examination and adjudication of claims for admission upon the roll, does not authorize the enactment of a statute of limitations "-()pinion 16th February, 1849....................................................... 462 If10 Invalid navy pensions to commence from completing the proof of disability. The commissioners of the navy pension fund were authorized and directed to make such rules and regulations as should appear to them expedient for the admission of persons on the roll of navy pensioners, and for the payment of such pensions; and they having, provided that pensions are to commence from the time of completing the proofs, and the same having been continued since their powers were transferred and devolved upon the Secretary of the Navy, the practice should be adhered to. 6" It may be doubtful whether the provisions of the 2d section of the act of 4th February, 1822, though general, are not to be confined to cases of claims for revolutionary pensions"-Opinion 14th July, 1849........................................... 463 lXi LAWS, REPEAL OF. A virtual or implicative repeal of a law is only permitted where there is a repugnance between the later act and the antecedent act, in which case the former is thereby virtually repealed, (see " Repeal"'-Opinion 17th November, 1828.............................. 356 24 LEGAL REPRESENTATIVES. Of a widow, entitled to the arrears of a pension due to her husband at his death, if she dies intestate and without claiming those arrears; if no widow, the surviving children are entitled, as also the representatives of any deceased children, respectively: And if the deceased pensioner leave neither widow nor children, then his legal representatives are entitied to the arrears, (see'Arrears" for like cases)-Opinion 28th February, 1834...................,..... 378 4 LINE OF DUTY. In the military service. The first clause of the 14th section of the act of Congress of March 16, 1802, in reference. to invalid pensioners, considered. In what other way than by wounds must the disability have been incurred to entitle the applicant to the pension; various modes stated; -a the act of God in a stroke of the sung; unavoidable casualties occur. INDEXo -72 LINE OF DUTY (Continued.) Page. No, ring in the line of duty. Every officer, in full commission, and not on furlough, considered in line of duty, although at the moment not employed; the same of a soldier who is kept in pay; some qualifications and exceptions. If loss of health is produced by careless, irregular, or vicious habits, or if the constitution is impaired, or germ of disease is seated at the time of entering the service, then there is cause for extreme caution, or an entire exclusion from the pension; various illustrations-Opinion 6th April, 1815.............................. 328 MARINE INVALIDS. See "Invalids, Naval, Privateer, Marine," &c. MILITARY INVALIDS. (See "Ihvalids Military,) disabled in the line of their duty (see "Line of Duty") and not by their own misconduct, are entitled to pensionOpinion 20th December, 1833. 377 41 MILITARY PAYMASTER. May receive both pay and pension. "An officer who, having lost a limb in the war of 1812, was mustered out of the service upon a captain's pension, and afterwards appointed battalion paymaster, may be regarded as having been appointed to the civil branch of the service within the meaning of the act of 30th April, 1844, and entitled to receive both his pension and his pay. The phrase'civil branch of the service,' employed in the act of 1844, commented on and explained"-Opinion 1st November, 1848................................... 458 107 MINORS. Must be under 16 years of age at the death of their father, to entitle them to bounty land or pension as his representatives-Opinion 24th December, 1816................. 332 6 N. NAVY INVALIDS. See "Invalids, Naval, Marine, Privateer," &c. NAVY PENSION FUND. The powers and jurisdiction of the commissioners~ of that fund do not exceed the period when that fund was established, viz: the passage of the act 2d March, 1800-Opinion 17th April, 1821............... 343 18 Persons disabled previous to the passage of the act of the 23d April, 1800,:"establishing the Navy Pension Fund," are not entitled to its benefitst-Opinion 3d September, 1838............................ 414 72 NAVY AND PRIVATEER PENSIONS. To widows and orphans of officers and seamen who died in the line of their duty under various circumstances: their title thereto under sundry acts, (see " Widows and Orphans")-Opinion 31st March, 1825.... 347 22 OPINIONS OF ATTORNEYS GENERAL. Advisory only. Although the acts prescribing the duties of Attorneys General do not declare the effect of their-advice, it has been the practice of the departments to heed it. It has been found greatly advantageous, if not absolutely necessary, to have uniformity of action upon analogous questions and cases; and that result is more likely to be attained under the guidance of a single department constituted for the purpose, than by a disregard of its opinions and advice. Acts of Congress granting relief in special cases, and referring claims to the Second Auditor, confer upon him a jurisdiction exclusive of any other department; and when an Auditor settles such accounts, his successors are bound by his decisions-Opinion 8th May, 1849........................ 665 8 lThe same commissioners were entrusted with this fund when first establisbed by the act of 2d March, 1799, and with the same powers.-E)rroRs. t Here is a repetition of tile error just noticed, after an interval of 17 years, when, by an unaccountable in. advertence, it first fastened on the wary mind of Mr. Wirt; and probably the consequence has been, that none of those claimants have ever received any tihing from that fund (or from the trealsury p)ledged fo any deficiency) anterior to 1800 —which was but a short period, certainly; buet those who have been cut off by this oversight, have a hard case of it, even if their legal representatives should yet be indemnified.-EDITORS. 730 INDEX. P. PAYMASTER OF THE ARMY. Page. No, May receive pay and pension at the same time, (see "Military Paymaster") —Opinion 1st November, 1848................... 458 107 PENSIONS. Erroneously allowed by official decision, or advisement of Attorneys General, do not make the recipients debtors to the government-Opinion 24th October, 1P32........................................ 368 33 Pension certificate, though illegally pledged for debt, does require renewal, in order to continue the payment of the pension to the pensionerOpinion 27th October, 1832................................... 370 35 Pensions withheld. The act of the 20th May, 1836, explanatory of the act of' the 25th January, 1828, to prevent defalcations by disbursing agents, places pensioners on the same footing as if the latter act had never passed; any pensions withheld on account of that act should be refunded-Opinion 27th June, 1836....................... 400 51 Pension withheld and pension restored. A larger pension former!y paid, not contemplated to be deducted from, or to merge a smaller one subsequently granted. The restoration of a pensioner by law allirms his right to the pension withheld, which should not be deducted from a pension subsequently granted, if not especially required by law-Opinion 6th July, 1836........................ 40i1 52 Adjustment of overpayments of pensions. If a person entitled to a pension from the government be overpaid by mistake, or by the application of some wrong principle of computation, and yet have a further claim against the government, the claim may set off against the said overpayment. Mr. Butler's opinion reviewed and commented on-Opinion 2d July, 1842.............................................. 425 I5 Pension limitation rule. The rule of the Pension Office, that an application for a pension cannot be entertained after the lapse of 25 years from the time a disability was incurred, is unauthorized by law, and therefore invalid-Opinion 16th February, 1849...................... 462 110 PRIVATEER PENSIONS. See'"Invalids, Naval, Marine, Privateer," &c. R. REGULATIONS. For the admission of applicants for pensions on the pension rolls must be complied with-Opinion 21st July, 1832.. 658 3 REPEAL. Of pension laws, virtual or implicative, is only permitted when there is a repugnance between a former and a subsequent act; in which case the latter virtually repeals the former-Opinion 17th November, 1828... 356 24 REVOLUTION ARY WAR. Terminated on the ratification of the treaty of peace of April, 1783, (and not on the signing thereof on the 20th February, 1783,) which determines revolutionary pensions and prize money depending thereonOpinion 12th February, 1825. 346 21 REVOLUTIONARY PENSIONS, MILITARY AND NAVAL. The practice (by construction of the act of 31st May, 1830) of deducting invalid pensions received since 3d March, 1826, condemned. The act of the 3 Lst May, 1830, extends the benefit of the act of the 15th May, 1828, to invalids on the list, who were excluded by the 2d section of that act-Opinion 10th June, 1830................................ 657 2 Provided under acts previous to that of June 7,.1832, are entitled to the benefits of the latter act when the latter is more favorable than the former acts; and those not entitled under previous acts, may claim under the act of 7th June, 18:32-Opinion 18th Mlay, 1833.............. 376 39 The deficiency of two year's service as captain, may not be made up by length of service in inferior rank, to entitle the applicant to the pension of a captain under act of 7th June, 1832-Opinion 2d May, 1834.... 379 43 INDEX. 731 REVOLUTIONARY PENSIONS, MILITARY. Page. No. A surgeon who belonged to the army of the revolution, cannot receive a pension higher than that of a captain of infantry, under the ants of 15th May, 1828, and 7th June, 1832-Opinion 19th December, 1831.... 381 45 S. SCRIP. As substitute for Virginia military bounty land warrants, assignment of, (for which see "Assignments" or "IAttorney, power of")........ 658 4 As a substitute for bounty land warrants, under the act of 1 Ith Februlary, 1847. Discharged soldiers who have once elected to take treasury scrip instead of bounty lands, and have obtained the requisite certificate from the Commissioner of Pensions, cannot afterwards be permitted to surrender such scrip and obtain a warrant for lands instead. "The act of 11th February, 1847, gives to the soldier but one election; and when that is made known, it becomes the duty of the department to conform to it by issuing the evidence of the claim, which completes the proceeding"'-Opinion 30th October, 1847..................... 452 101 The right to, as a substitute for bounty land warrants under the act of 11th February, 1847, cannot be devised by will; but the right enures. to the families or relatives of the deceased, according to certain rules of seniority; and the same restrictions apply to the right to bounty land warrants-Opinion 28th June, 1850............................ 472 115 SEAMEN. Any person borne on the ship's books as one of the crew, and is subject to martial law, is therefore a seaman, and entitled to the benefits of the pensions laws-Opinion 18th November, 1837................ 412 68 SUBSTITUTE. In the military service, desertion of, leaves the right to bounty land with the soldier who employed him (see "'Bounty Land, a soldier's title to ")-Opinion 4th November, 1831........................... 365 29 T. TREASURY SCRIP. As a substitute for military bounty land (for which see'Scrip" and "Bounty Land.") V. VESTED RIGHTS. To bounty land cannot be impaired by Congress-Opinion 17th June, 1815..331 4 VIRGINIA REVOLUTIONARY INVALID PENSIONS. Although invalid pensions have been required by some pension laws and opinions of Attorneys General, and by partial usage of the office based thereon, to commence from the completion of the evidence, some acts authorize them to commence from the date of disability, or from the time the invalid's pay ceased; which latter principle this opinion declares ought to be adopted by Congress as the uniform principle of justice to all invalids disabled during and since the revolution. The quotations and references here show a remarkable inconsi.5tencq in the provisio7s of law, and an unsettled practice of the departrzent, not without their parallel in other respects-Opinion 31st March, 1836.. 385.48 * The "' act making a!)propriations for the civil anrd diplomatic expenses of the Govermtnent for the year ending the 30th June, I851)," approved the 3d March, 1849, made an appropriation of $300,000 for the redemption of the " Treasury scrip " theretofore issued for the satisfaction of the bounties in land promised to the non-commissioned officers, musicians, and privates, by the 9th section of the act of' the tIth February, 1847, and for the satisfaction of such bounties, as those to whom they are due may elect to receive in money instead of lan(d. And the said act further requires the Secretary of the Treasury to give public notice that the principal and interest of the scrip issued prior to the Ist July, 1849, will be paid on that day; and the Secretary is fiurther directed not to issue any more scrip, but to pay the said bounties in money, when the persons entitled to bounty land shall elect to receive msoney in lieu of land. —EsIToRs. 732 INDEX. VIRGINIA LINE AND NAVY. Pae. No. Half pay of officers of the. In those cases of vested rights, by the gratuity of law, executors and administrators, if duly constituted, are entitled to collect the same as debts due to their testators or intestates, without proving that there are heirs or creditors, but subject to their liabilities to such creditors and heirs, if there be any; and, if there be none, then subject to the other consequences of the local laws applicable to such cases. Contests between executors and administrators, in such cases, would be determined by the superior authority from which either derived his appointment-Opinion 24th October, 1836............... 402 54 VIRGINIA MILITARY BOUNTY LAND AND SCRIP. Assignments of, (for which see " Attorney, Powers of")............. 658 4 VIRGINIA REVOLUTIO NARY PENSIONS. The views of the Secretary of the Treasury, in relation to Virginia revolutionary pension claims under the act of July 5, 1832, [133] ante, p. 164, are concurred in by the Attorney General; (but neither the opinion, nor the note of the Commissioner of Pensions referred to him by the acting Secretary of War, state the question at issue)-Opinion 10th eptember, 1838............................................... 41 73 VIRGINIA LINE AND NAVY PENSIONS. How affected by act of Milarch 3, 1845. "The fourth section of the act of 3d of March, 1845, providing that accounts adjusted by the accounting officers of the treasury shall not be re-opened without authority of law, and that no account shall be acted upon at the treasury unless presented within six years from the date of the claim, does not affect applications under a general law for pensions. Pensions are gratuities, and are not claims or accounts, within the meaning of the statute; yet when these are once placed on the pension roll, they become claims to semi-annual payments, which, if not asserted within six years, cannot be audited without the authority of Congress. The act does not affect claims for half pay to officers of the Virginia State line, provided for by the act of the 5th of July, 1832"-Opinion 22d April, 1845........ 434 93 The acts of Congress of 3d March, 1835, and 12th August, 1848, are legislative interpretations of the act of 5th July, 1832; and it was the purpose of the third section of the act of 1832 to provide for Virginia commutation claims for full pay, as well as for those for half pay for life. Those legislative interpretations and opinions are binding on the Executive, and require the allowance of the present claim-Opinion 27th March, 1849.......................................... 663 7 W. WARRANTS FOR BOUNTY LAND. A second warrant issued by inadvertence, and located after one had been issued for the same land, but not located, shall not exclude the right of the first warrantee to locate elsewhere-Opinion 22d March, 1815.... 327 1 Obtained by fraud, to be cancelled in such a manner as to incapacitate it for circulation, without rendering it illegible, and to be returned to the party presenting; his redress being in the courts of justice-Opinion 26th December, 1819.............. 335 9 WIDOWS' AND ORPHANS' PENSIONS, AND PENSION CLAIMS. By far the greater proportion of II"orpInos" sought from Attorneys General in relation to the pensions and pension claimls of widows and orphans, appertain to those connected with the naval service; the few appertaining to the military service alone, or which apply, in common, to those connected with either the military or naval service, are marked with asterisks thus [ * ] The widows and orphans of officers of the navy and of marines, also the widows and children of seamen and marines, who, between the 18th June, 1812, and 22d January, 1825,perished on board of a public armed vessel of the lUnited States, or who were lost on board of prize vessels to which they had been transferred, or were drowned by the up WIDOWS' AND ORPHANS' PENSIONS (Continued.) Pge. No. setting of a boat dispatched on duty from a public armed vessel, are entitled to pension according to the acts referred to, to be paid out of the navy pension fund. The same opinion as to the claims of widows and orphans of officers and seamen, who, between the same periods, perished on board of private armed vessels of the United States, or who were lost on board of prize vessels to which they had been transferred, or were drowned by the upsetting of a boat dispatched on duty flom a private armed vessel, to be paid out of the privateer pension fundOpinion 31st March, 1825......................... 347 2% The widow of an officer or seaman, &c., serving on board of a private armed vessel, who shall have died of wounds received in the line of' his duty, shall be entitled to a pension for the term of five years, at the rate of half the monthly pay which the rank of the deceased entitled him to; and if such widow should not have claimed or received such pension for the term of the first five years, or for any number of continuations of such periods of five years, she shall be entitled to receive the arrearages for each term of five years, only to cease at her death or intermarriage, but to enure to herself and husband after her intermarriage, or to her legal representatives after her death-Opinion 9th June, 1825.. 354 23 The opinion expressed, [22], ante, in favor of the pension claims of widows and orphans of officers of the navy and of officers of marines, and also of widows and orphans of seamen and marines, is modified by the following opinion, so as to embrace, 1st, widows and orphans of officers, seamen, and marines, who, since the 18th June, 1812, had been killed in battle: 2d, widows and orphans of officers, seamen, and marines, who, since the same period, had died by reason of wounds received in the line of their duty: 3d, widows and orphans of officers, seamen, and marines, who, since the same period, had died in consequence of di.eca.,e contracted, or of ca.3ealties or injuries received while in the line of their duty —Opinion 6th Septenmber, 1830............ 358 27 The act of' 28th June, 1832, extending pensions granted to widows and children under former acts5 to widows only, is meant to exclude the children, but not to change the policy of the former acts-Opinion 4th January, 1833..........., 4.3.7........................ 33 Revolutionary pensions under act of 7th June, 1832. The legal representatives of a widow who died without demanding the arrear of pension due to her deceased husband, are entitled, exclusive of the orphan children. If no widow, the surviving children and the representatives of any deceased children, are entitled to the distributive share of such children, respectively. If the deceased pensioner leave no widow or children, his legal representatives are entitled to the arrear-Opinion 28th February, 1834.............................. 378 42 Although the act of 30th June, 1834, provides pensions for widows of officers, seamen, &c., who have diedI in the naval service since the 1st of January, 1824, by reason of disease contracted, or of casualty by drowning, or otlier irrjuries received while in the line of their duty: the death of such officers, &c., from such causes, previous to January, 1824, cannot entitle their widows to pensions —Opinionr 17th October, 1834... 380 44 The act of the 3d March, 1817, entitled the widow of an officer, seaman, or marine, to receive half' the monthly pay that her deceased husband was entitled to at his death; and although the act of the 3d March, 1835, regulating- the pay of the navy of the UJnited dtates, actually increased their pay without any reference to its operation on pensions, yet the pensiqns must be estimated according to the rates of pay p oper, exclusive of perquisites-Opinion 20th July, 1835............... 382 46;Present opinion is relinquished and withdrawn in deference to previous opinion, and usage of the department, viz: T'hat a pension shall be allowed as a vested riglht, when one has lost his life while in the line of his duty on board a private armed vessel of the United States. That in case the deceased leave a widow, who intermarries or dies without hav (34 INDIXo'WIDOWS' AND ORPHANS' PENSIONS (Continued.) Page. ao ing claimed her right to a pension, her second husband or legal representatives are entitled to the amount accruing from the death of her deceased husband till her second marriage —Opinion 5th April, 1836..v.. e.......... 394 49 The following opinion adopts that of Mr. Wirt, of.the 9th June, 1825, in relation to widows of officers and seamen of the privateer service, and applies it, with scarcely a variation, to widows of officers, seamen, &c., of the navy; consequently, the abstract of the former, [23] p. 354, will equally apply to this-Opinion 5th April, 1836................... 396 50 If the widow otherwise entitled under the 1st section of the act of 4th July, 1836, married before the passage of the said act, the orphans, in her stead, are entitled to the benefit of the act-Opinion 3d August, 1836 401 53 X Pensions granted by the 1st section of the. act of 4th July, 1836, to widows and orphans of military officers, &c., are to commence from the death of the party serving, in all cases where the death has occurred anterior to the date of the act; and the same section embraces widows and orphans whose husbands and fathers may thereafter die in, the service —Opinion 24th October, 1836.......................4..... 404 55 If an officer, seaman, or marine, (a purser being considered an officer in the navy,) has died before the passage of the act of the 3d March, 1837, and left a widow, who was living at the time the act was passed, she would be entitled to a pension under that act, if she didnotmarry again before the passage of the act, as such marriage estops her coming within the benefit of the act; but if she did so marry, and the decedent left children (living at the date of the act) they would be entitled, from the death of the father, till 21 years of age-Opinion 7th April, 1837.................................. 404 56 A navy agent is not "aan officer, seatnan, or marine," in the sense of the act of 30th June, 1834, concerning " naval pensions and the navy pension fund:" therefore his widow is not entitled to a pension under that act-Opinion 7th April, 1837................... 405 57 The last clause of the opinion, [56] ante, given three days before the following, anticipated in the affirmative the answer here given in relation to the title of the children of the deceased, again propounded by the Navy Department-Opinion 10th April, 1837.................... 405 58 If an officer, seaman, or marine, has died before the passage of the act of the 3d March, 1837, and left a widow who has also died before the passage of said act, her representatives are estopped by her death from coming within the benefit of the act for the previous term of her widowhood-being co-ordinate with the disqualification of previous remarriage; but if the decedent left children (living at the date of the act,) they would be entitled from the death of their father, till 21 years of' age, according to opinion [56] —Opinion 11th April, 1837.............. 406 59 See opinions [56,] [59,] for the principles reiterated here —Opinion 11th April, 1837................................. 406 60 See opinions [56,1 [59,] for the principles reiterated here-Opinion 11th April, 1837..................................... 407 61 See opinions [56,] [59,] for the principles reiterated here-Opinion 11th April, 1837.......................... 407 62 A specific pension granted to an individual, (case of Mrs. Decatur,) counteracts the claim of the same individual to a pension under the general provisions of an act passed on the same day, unless an election is made by the claimant to take the one andrelinquish the other-Opinion 1 lth April, 1837......................................... 408 63 See opinions [56,] [.59,j for the principles reiterated here. But grandchildren are excluded —Opinion 12th April, 1837.....4............ 408 64 * If a soldier dies after the 4th of March, 183 1, and before the 7th June, 1832, and leaves a widow who dies before the 7th June, 1832, the children of the widow, if not children of the deceased soldier, are not entitled to a pension, (but if children of the soldier, they are enlitled)Opinion 13th April, 1837.,........................... 409 65 WIDOWS' AND ORPHANS' PENSIONS (Continued.) Paea NEod * Under the 3d section of the act of the 4th July, 1836, the widows and orphans of officers and soldiers who had died of wounds received in the military service, or may, after the passage of the said act, die in consequence of such wounds, are entitled to the pension provided by that act. The same is extended to the widows of officers who were living when the act of 7th June, 1832, was passed. The children of a widow who was living on the 4th July, 1836, and was entitled to the benefit of the 3d section of the act of that date, can draw the amount due up to the date of her death, although she failed to apply. In all cases where the husband was in receipt of a pension under any of the revolutionary pension acts, until the time of his death, the pension of the widow, under the act of the 4th July, 1836, can only commence from the date-of her husband's death —Opinion 13th April, 1837..... 409 66 The widow of any person borne on the ship's books as one of the crew, and is amenable to martial law, being therefore a seaman, is entitled to a pension —Opinion 18th November, 1837...................... 412 68 By the acts of July 20, 1813, and March 4, 1814, but not by that of 3d March, 1837, the widow of a person who has died of wounds received in the line of his duty in the service, though the death should have occurred after he had left the service, is entitled to a pensionOpinion 6th April, 1838................... 413 70 The act of July 7, 1838, was intended to provide pensions for widows who were not embraced in the 3d section of the act of July 4, 1836, or other prior laws-Opinion 24th August, 1838.................... 413 71 * Widows whose husbands served in the revolutionary war, having married again before the passage of the act of the 7th July, 18:38, are excluded from its benefits, upon the same principle that the pensions of those widows who marry after the passage of the act are discontinued on the event of their second marriage —Opinion 18th September, 1838 415 74 * A paymaster being a commissioned officer in the military service, his widow is entitled to a pension under the provision of the 15th section of the act of 16th March,'1832, (see 6G Paymaster"-Opinion 22d March, 1839................................. 416 75 The arrear of pension granted to officers, seamen, and marines, by the act of 3d March, 1837, though the decedent had received no part of it, must be paid to his widow or his legal representatives —Opinioh 23d March, 1839.......................................... 416 77 The widow of a deceased officer temporarily employed in a higher grade, without commission in that grade, though with a reasonable expectation, amounting even to moral certainty, of receiving promotion to such grade, is only entitled to a pension from the time of his death at the grade of his actual comnission-Opinion 27th April, 1839.......... 417 77 The widow of a deceased officer of the navy, who had previovsly enjoyed a like commission, but by its resignation had become a private citizen, in the interval, cannot claim a pension at the rate of the pay he might have enjoyed ulnder a continuous commission, but only at the rate computable from the commission he held at his death-Opinion 1st June, 1839............................................... 418 78 a Revolutionary pensions of the act of 7th June, 1832, 2odi/ied, restrieled, and exttnded-....................... 418 97 * If the widow of a revolutionary pensioner is directed by law (the act of 3dMarch, 1839) to be placed on the pension roll at the same rate that her husband received before the passage of said law or order, and it turns out that she died before the passage of such law in her behalf, but leaving children, then the children are entitled to the arrear, under the provision of the act of 2d March, 1829; and the share of an absent child or children shall be reserved for them, but if no children, then the arrear to go to the legal representatives of the deceased pensioner —Opinion 25th May, 1840............................................... 422 81 " The widows of officers who were dead at the passage of the act of 7th June, 1832, but who, if alive, would have received pensions under it, T76 INDEX, WIDOWS' AND ORPHANS' PENSIONS (Continued,) Page. No. are not entitled to the benefit of the act of 7th July, 1838. cc Mr. Butler's opinion on the same subject commented on-its correctness doubted "-Opinion 31st May, 1842...................... 424 83 Tn consequence of the Executive construction given to the laws of 17th July, 1838, (as above,) Congress has declared by resolution, that it embraces the cases of widows whose husbands were alive in 1832. " Widows take ior five years, beginning in 1836,, and are to be paid, according to the letter of the law, fronm: that time "-Opinion 3d September, 1842.............................................. 426 86 Widows or legal representatives of navy invalids, are entitled to the pensions previously allowed by the department to such invalids before their death, but received in their life time, such allowance having thus assumed the form of a debt due to the deceased-Opinion 28th August, 1843.................................ee. 427 87 Widows of quartermasters of the marine corps, are, in the opinion of the Attorney General, entitled to pension; but, under an adverse report of a committee of the Senate, he recommends non-action of the oflice until a legislative interpretation shall be given to the laws-Opinion 10th November, 1843.. e e............ 429 88 The second section of the act of the 23d of August, 1842, repeals the Ist section of the act of March 3, 1837, making certain provisions for widows and orphans, and no allowances can now be made under it. It was continued in force temporarily by the act of August 16,1.84 1, in regard to certain cases i but was revoked by the act of 1842, leaving no remedy for those cases except in an application to Congress-Opinion 15th April, 1844. 431 89 The child of a passed midshipman is entitled under the acts of 30th June, 1834, and 15th June, 1844, only to the remainder of the five years' penision not received by the widow during her lifetime-Opinion 4th January, 1845...............................e............. 431 90 The pension extended to widows, &c., by the act of the 3d March, 1845, commence from the period of their cessation under' the former acts of 1834, 1837, and 1841, respectively —Opinion 19th March, 1845.... 432 91 The act of March 3, 1845, extends a pension for five years to those widows who received pensions under former acts in consequence of the death of their husbands having been occasioned by wounds received, or by accident, or by disease contracted, whilst acting in the line of their duty as offic:rs, seamen, or marines. The act of 1837 was a renewal of pensions previously granted to widows entitled under the act of 1834, within the meaning of the act of March 3, 1845. The fact of' their being.placed on the pension roll by virtue of the more comprehensive terms of the act of 1837, does not affect their rights under the act of March 3, 1845. The terms of the act are fully satisfied by extending its provisions to cases which were within the act of 1834, although the pensions were granted for. an indefinite period; and this, whether the pensions were granted by the Commissioner of Pensions under the act of 1834 or that of 1837, provided the pensions granted were authorized by the act of 1834-Opinion 14th April, 1845............... 433 92 There is no authority for making payment of the arrears of pensions due widows of revolutionary officers at their death, who have left no children, to executors or (administrators. Even where widows have died leaving children, the arrears cannot be received by executors and admininistrators as assets for the payment of the decedents' debts-Opinion 14thl July, 1846...................................... 436 94 " The 2d section of the act of May 7, 1846, was intended to facilitate applications of widows to pensions founded on theii marital. relations, by operating on the proof required. To establish their claims it-is sufficient for widows to prove that their husbands were entitled to pensions, and that they are the widows of such pensioners. The fact that the husbands were upon the roll and drew pensions, is presumptive evidence that they were'entitled to them; yet, if they were not, that fact may be WIDOWS AND ORPHANS (Continued.) Page. No. proved. The onus, however, is upon the government to show that they were not entitled. General reputation and cohabitation are, in general, sufficient evidence of marriage; but as this is only presumptive, it may be rebutted by countervailing testimony. The law should be construed liberally and favorably towards applicants"-Opinion 23d June, 1846................................................ 437 95 The act of 3d March, 1845, authorizes the renewal of pensions to such widows of officers, seamen, and marines, only as had enjoyed a five years' pension under previous laws, and which had ceased in consequence of the expiration of the period for which the same had been granted or renewed. Widows who had not been such for five years, or who had not exhausted their five years' pension under former laws, are not provided for. The applicants in this case not having been widows for the period of five years, and not having exhausted their pensions under former laws, are therefore not entitled to the benefit of the act of 3d March, 1845, but are left to the generosity and justice of Congress in the premises-Opinion 23d January, 1847................. 441 97 The acts of Congress granting pensions to widows of officers, seamen, and marines, who have died whilst in the service, or from disease contracted or injuries received whilst in the line of their duty, do not include cases of widows of engineers in the navy appointed pursuant to the act of 1842. There being no law authorizing the allowance of pensions to such widows, it follows that there is none prescribing the rate at which they shall be paid. Pensions to widows of officers, seamen, and marines, when allowable, commence from the date of the passage of the act (1834) in cases where the death of the husband occurred prior to that date, and from the death of the husband in all other cases-Opinion 14th October, 1847............................ 447 100 The 1st section of the act of I 1th August, 1848, renewing certain naval pensions, embraces all such widows and children as were receiving pensions under any of the laws of Congress passed prior to the Ist of August, 1841. The other class comprises all those widows and children who received pensions at any time within five years prior to the passage of the act. The word " special " occurring in said act is construed to mean "particular," and not "I private," as it is used in that sense. As Congress neglected to provide, in terms, for widows of second lieutenants'of marines in the second section of said act, it may be inferred that it intended to refer, in the provision, to lieutenants without any other designation-Opinion 6th Steptember, 1848................. 455. 104 The relatives of a deceased officer or soldier are not entitled, under the act of 19th July, 1848, to receive three months' extra pay on account of services of the ancestor, unless the ancestor was thus entitled at his demise. such claims are predicated on the idea that they are his statutory representatives, and as such they can only take that which the decedent himself could have taken had he survived. And as those who did not engage for the war, for five years, or for any other specific period, and who were never honorably discharged, were not themselves entitled, their representatives have no valid claim —Opinion 2d -November, 1849 114........................ 40 114 The representatives of a widow of a revolutionary soldier, who received a pension under the act of 7th July, 1838, from the period of her husband's death to her own, have no claim for further payment on the pretence that her pension should have commenced at an earlier date.. The pension having been a personal bounty to the widow herself,, and the decision fixing the time for its commencement having been acquiesced in by her, it cannot now be contested by her representatives. All that passes to them on the death of a widow receiving a pension is the money which shall have actually accrued to her, and remains unpaid, for a pension allowed-Opinion 28th August, 1850.......... 4-74 116. 54 738 INDEX, PART IIHI. [OFFICIAL DECISIONS, REGULATIONS, AND FORMS.J A. ACCOUNTS OF AGENTS FOR PAYING PENSIONS. Page. Nco CIRCULAR I.sTrrUCTIOas prescribed by the Second Comptroller of the Treasury, to be observed by agents for the payment of pensions in keeping and stating their accounts for settlement at the Treasury, with Formns to be observed before and preliminary to the payment of pensions-Adopted l(0th June, 1833............................. 587 29 Form A. Pensioner's affidavit of his identity, with copy of his certificate of pension........................ 591 B. Magistrate's affidavit of identity of the pensioner, if unknown to the pension agent............................... 591 C. Power of attorney to receive a pension, with oath of his disinterestedness.................... 591 D. Guardian's affidavit of the identity of his ward, with copy of pension certificate of ward.......................... 592 E. Widow's affidavit of her identity, with copy of certificate of pension.............................. 592 F. Oath of identity for a widow, child, executor, or administrator of a deceased pensioner............................. 593 G. Power of attorney given by a widow or child of a deceased pensioner, to receive their pension.................... 593 H. Certificate of the court as to the death of the pensioner...... 593 I. Evidence to be given in cases where pension certificates are illegally withheld from the pensioner.............. 594 K. Form of duplicate receipt for the payment of a pension...... 594 CIRcuLAR INS'rRUCTION1S and Fortms to be observed by pension agents in paying navy and privateer pensions-*-Adopted May, 1840.. 594 30 Form A. Pensioner's affidavit of his identity................. 595 B. tx idow's affidavit of her identity........................ 595 C. Guardian's affidavit in behalf of his ward................ 595 A periodical statement or list of pensioners sent to pension agents 595 34: ACTS REVIVING PENSIONS. The interval between the expiration of an act granting pensions, and an act reviving the same, is not available to pension claims that were not vested (luring the first term of the revived act: such claims must be considered under the act revived-Adopted 29th October, 1851...... 544 125 ADMINbI-TRAT[ON, LET'ITERS OF. Rules to be observed in taking out letters of administration, in order to guard the Pension Office from being subject to fraud and imposture — Regulation t12th September, 1849................... 515 68 AGEN'I'N OR CLAIMANTS. May examine files and records connected with their claims, under the superinrtendence of the chief clerk-Adopted 11th November, 1851..... 546 128 APPEAL CASES. The action of the Secretary of the Interior on pension claims, &c., is only by appeal from the original decisions below, which belong to the C(ommissioner of Pensions-Adopted 26th September, 1851............. 543 123 No appeal can be made to the Secretary after the lapse of five years from the adjudication below, except under discovery of palpable wrong doneDecision 11th March, 1852.................... 666 1 APPLICATIONS. For pensions or bounty lands, cannot be withdrawn, but certified copies may be had in their stead-Decision 1st November, 1851.......... 545 126 * This ciluv;lar is bolth delective and superfluous, as the l3receding one covers the whole gaoudl. al(t applies to both clases oft agents. and was int use nearly 20 years before it. No form for tile agents' quarterly accounts of payn ents is prescribed. —EDITToRs. INDEX. 739 ARREARS OF PENSIONS. Page, No Regulations respecting the payment of arrears of pensions to the children of deceased pensioners —Adopted 9th November, 1823.3............ 556 4 Children of soldiers or of their widows, are entitled to receive the amount (arrears) their parent was entitled to at his or her death, although it had not been claimed, or the proof had not been perfected before their death —Adopted 29th March, 1839.................. 491 35 The payment of arrears of pensions due a deceased pensioner, authorized by the act of 19th June, 1840, can be made to an executor or administrator, only for the benefit of the children —Adopted 21st April, 1845. 510 53 Arrear, or rather the 2right of a pension never claimed in the life time of the soldier entitled to it, goes to the personal representatives in common law —Adopted f5th March, 1850..................... 519 77 tInder the provisions of the act of July 5, 1832, the legal representatives of officers of the Virginia State line of the revolution are entitled to receive the arrears of the:r half pay for life —Adopted 25th April, 1850 525 89 The representatives of a widow who bad died before the passage of the joint resolution of' the 16th August, 1846, cannot claim, as arrearages, the pension ttiat she might have been entitled to, had she been living at the passaege of the resolution, which was esselntial to give her a vested right under the resolution: nor could the arrearalges thel, have been availatle to them, says the Attorney General, "the pension being intended as a personal bounty to the widow, and not a gratuity to her representatives;" from which, however, the Secretary of the Interior is constrained to dissent, on account of repeated decisions and long established practice to the contrary —Adopted 15th November, 1850...... 537 111 The descent of arrears of pensions, under the acts of March 3, 1817, and June 19, 1840, is confined to the children of the deceased widow, which includes illegitimate children as well as legitimate —Adopted 1st December, 185.................t......................... 546 12'9 According to a decision by the Supreme Court of Appeals of Virginia, sarlctiotied by the 3d section of the act of Congress of July 5th, 1832, as valid against the United States, any officer in the Virginia State line of the revolution is entitled, for life, not only to half pay as an officer, but to the hali' of the pay he may have been legally entilled to by reason of any additional duty performed, or position occupied; and any arrear thereof to go to his legal representative —Adopted 27th January, 1.852o-.......... w. D..D 6 547 131 Arrears due to revolutionary pensioners may be paid to their widows or orphans, or to guardians for their benefit, but not to executors or administrators of deceased pensioners —Decision 17th March, 1852..... 568 2 ASSIGNM EN 1'. Of bounty land warrants, regulations and forms of, under act of the 22d March, 1852,* (page 683,) issued by the General Land Office 23d M arch, 1852............................................... 685 123 BANK NOTES, PAYMENTS IN. Instructions to agents respecting payments in bank notes —Adopted 10th June, 1836............................ e 566 12 BOUNTIY LANDS;-R:u LaTo ONs ANF FORnMS RELATIrNG TO. Regulations for the information of applicants for bounty lands under various acts —Adopted 20th March, 185t........................ 598 35 Regulations and forms for the information and use of officers and soldiers of the revolutionary war, who acquired a right to land from the United States, but have not received it; also their heirs and legal representatives —Adopted 10th August, 1850......................... 601 36 Form of declaration and power of attorney of a revolutionary officer or soldier for bounty land..................... 602 * The reference to this act was omitted in the index to bounty land laws, that portion of the index having beten prepa.red before the act was mpassed. This reference will supply that omission. 740 IINDEX. BOUNTY LANDS (Continued.) Page& IS, Form of declaration and power of attorney of an heir of a revolutionary officer or soldier for bounty land....................... 603 Form of evidence of heirship applicable to the States of Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Ohio, Kentucky, Tennessee, Alabama, and other Western States..................... 603 Form of evidence of heirship applicable to the States of Maine, Massachusetts, New Hampshire, Rhode Island, Connecticut, Vermont, New York, New Jersey, South Carolina, and Georgia............. 604 Form of revolutionary bounty land warrant................. 604 Regulations, instructions, and forms for five years' military service in the WAR WITH ENGLAND of 1812 —Adopted 10th August, 1850....... 604 (Form of declaration for bounty land for service in the war of 1812 — none given.) Form for identifying claimants in lieu of their lost discharges........ 605 Form for notification to warrantee of the issue of his warrant for bounty land.................................... 605 Rules by the General Land Office for locating the warrants for bounty land, for the war of 1812.................................... 605 Form of certificate of right to locate the same...................... 606 Form of the warrant of bounty land for said war................ 607 Regulations, instructions, and forms, for the use of applicants for bounty land, under the act of February 11, 1847, for services in the MEXICAiN WAR, or for money in lieu of land —Adopted 4th March, 1847.... 607 38 Form A: Affidavit of claimant of bounty land under act of 11th February, 1847, to accompany soldier's discharge. [This affidavit, with the accompanying discharge, serves the same purpose as the " declaration" adopted, with or without the discharge, under the act of 28th September, 1850, sequel.]............................. 609 Form B: Request for money in lieu of land........................ 609 Form C: Evidence, in cases of diseased soldiers, to be produced by his heirs or legal representatives.............................. 610 Regulations, instructions, arnd forms, by the Pension Office, (supplementary to the foregoing,) to be observed by persons applying to the Pension Office for bounty land, under the acts of February 11, I847, and the explanatory act of May 27, 1848, or for money in lieu of land under the act of March 3, 1819. —Adopted October, 1849............ 610 38: Form of a request for money in lieu of land....................... 611 Form of affidavit of identity of the soldier (as a "declaration") for bounty land or scrip under said act............................. 611 Form of "Ideclarationl "of a widow, for bounty land or scrip, under said act 612 Form of notice to claimant or agent, of certificate or warrant for bounty land, under saiJl act.......................... 613 Rules by the General Land Office for locating the warrants for bounty land for the Mexican war, under the act of PIth February, 1847, and the explanatory act of May 27, 1848......................613 28 Form of certificate required by the General Land Office, of the warrantee, on his application at a local land office to locate his warrant.......... 615 Form of certificate of location of such warrant...................... 615 Form of such warrant for bounty land under said act................. 616 Form of " certificate for money," instead of land................... 616 Form enclosing such certificate to the Secretary of the Treasury for payment................................................... 616 Form of notice to claimant or agent of the issue and transmission of such certificate to the Secretary of the Treasury....................... 616 Forms of notices and instructions to claimants and agents, respecting defective papers in application for bounty land under said act of 11th February, 1847...6..................... 617 Regulations, instructions, and forms for the use of applicants for bounty lands under the act of the 28th September, 1850, granting lands to certain officers and soldiers who have been engaged in the military service of the United States since 1790 —Adopted October, 1850... 618 39 INDEX..41 T'OUNTY LANDS (Contirnued.) Pae. No. Form of c" declaration " to be made by the surviving officers or soldiers, for bounty land under said act................................. 619 Form of " declaration " to be made by the widows of deceased officers or soldiers, for bounty land under said act..........6.............. 620 Notice of application to be made by guardians in behalf of minors, under said act..................................... 621 Course of official action on said bounty land claims.................. 621 Form of warrant for bounty land under said act...623......... 623 Form of certificate of reception and location of such warrant at a local land office, under direction of the General Land Office................. 623 Circular regulations by the General Land Office, for the government of registers and receivers in locating bounty lands under said act, with forms for locating the same, 1, 2, 3, 4, pp. 625, 629 —Adopted 31st March, 1851........................................ 624 39 Caveat required to be presented to the General Land Office by a warrantee, in the case of a lost warrant which had been sent him by mail, &c. 629 B1OUNTY LANDS —CLAIMS FOR, AND LocATioN or WARRAN rs. Warrants for bounty lands fraudulently obtained, do not invalidate the rightful claims —Decision 16th March, 1849..................... 510 55 Certificates for money in lieu of bounty land, addressed to accounting officers of the Treasury, in behalf of widows and children, must be accompanied with evidence that the children are minors, and have or have not guardians legally appointed-Decision 10th September, 1849..... 514 67 The General Land Office disclaims any responsibility for the issue of duplicate certificates of warrants for bounty lands that may be issued by the Pension Office-Decision 13th September, 1849............... 515 69 If a soldier's discharge mentions the term of his service, it shall be conclusive of his title to bounty land, though he may not have been mustered into service with the rest of his company —Decision 12th November, 1849................................................. 516 71 A certificate for the location of bounty land having been lost in transmission through the mail or otherwise, will justify the issuing a duplicate, after reasonable notice and caveat through the public papers —Decision 25th February, 1850........................................ 517 74 Death of a soldier after having fulfilled his engagement in the Mexican war, but before receiving his discharge, shall not invalidate his claim to bounty land —Decision 28th February, 1850.............. 518 76 A soldier discharged from service in the Mexican war, on account of sickness before the expiration of his term of enlistment, but without stating the cause of his discharge, may prove the cause by credible witnesses — Decision 9th March, 1850... 519 78 A warrant for bounty land fraudulently obtained, or issued by mistake to a wrong person, does not invalidate the claim of the soldier entitled, his widow, or his heirs-Decision 16th March, 1850.................. 521 80 A duplicate certificate for bounty land in lieu of one that has been lost, should be issued in favor of the party to whom the original was issued, and may be delivered to an accredited assignee-Decision 23d March, 1850............... 522 81 Extreme caution required not to issue nor deliver bounty land warrants to wrong parties; but when so done, caveats should be resorted to by the office, and the parties interested-Decision 26th March, 1850........ 52 82 A private soldier who enlisted for a term of years, but was honorably discharged before the expiration of his term, by reason of promotion as a commissioned officer, and continued in service as such, is not excluded from the bounty of his enlistment by the spirit of the law-Decision 28th March, 1850......... 523 83 Duplicate certificates of location for bounty land required to be issued with due caution in lieu of certificates lost or miscarried in the mail-Decision 29th March, 1850....................................... 523 84 Evidence by infants under nine or eleven years old, of a definite term of.service, is not to be relied upon as accurate —Decision 8th April, 1850 524 86 742 INDEX, BOUNTY LANDS (Continued.) Page. The authority to issue duplicate certificates for location of bounty lands in lieu of lost certificates, does not apply to a lost transfer or assignment of title, with which the Department has nothing to do-Decision 16th April, 1850............................................... 524 87 Sickness or other unavoidable cause preventing a soldier from being mustered into service after enlistment, shall not invalidate his claim to bounty land-Decision 1st July, 1850.......................... 528 94 The mother of a soldier, though he be an illegitimate son, may inherit his right to bounty land, but his putative father cannot-Decision 5th July, 1850................................................ 528 96 Officers and others of the marine corps, applying for bounty land under the act of the 10th August, 1848, having made affidavit in their declaration that they relinquish all claim to prize money and other extra allowances, in pursuance of the proviso of said act, are entitled to receive the bounty, u[eless the Commissioner of Pensions can rebut their statement by official evidence from the records of the proper executive departments. The injustice of the previous rule or practice of the office in throwing the burden of proof on the claimants or their agents in Washington, is strongly reproved, rescinded, and countermanded. If the office doubt the affidavit, it must show from the records the ground of doubt. Even if the claimant has received prize money or other allowance, he may claim the bounty upon making restitution of the same on his election to take the bounty-Decision July 8, 1850.. 529 9'7 Officers or privates dismissed from the service for alleged offence by a superior officer, without trial or sentence of a court martial, and remanded to service by the President, are entitled to the land bounty on their fulfilment of the President's order to complete their engagement: Nor shall the failure of an official communication of the order to either such officer or private be construed against his readiness to fulfil his engagement, had he an opportunity to do so; but, in default of which, he shall be entitled to the land bounty in the same manner as if he had fulfilled his engagements, which had been interrupted by a superior officer, without the fo)rm of a trial.-Decision August 8, 1850..,...... 531 78 The statutes of a State govern the inheritance of land bounty. 1Inder the statutes of Indiana, half sisters may inheiit the right of their brother-Decision August 22, 1850....................... 531 99f Any portion of the marine corps who served in any of the wars referred to in the act of 28th September, 1850, are entitled to land bounty under that act-Decision 12th October, 1850..................... 535 105 By a construction of the bounty land laws, it is decided that no one person shall receive more than one warrant, though he may have performed several tours of service which would entitle several individuals, each, to a warrant-Decision October 12, 1850.................. 535 105: The widow of a soldier, if a widow at the passage of the act of 28th September, 1850, and a widow at the time of her application, may be entitled to the land bounty under that act. The widow being married or dead, minor children are entitled-Decision October 26, 1850.... 536 108 The acts of the 11th January, 1812, and the 11th February, 1847, are of the nature of contracts, whilst that of the 28th September, 1850, is a gratuity to the person who performed military duty, or to the widow or minor children-Decision October 29, 1850................ 536 109 In the case of an imbecile widow of a soldier, where no guardian has been appointed, the facts required to establish her claim for bounty land may be shown by deposition of one or more credible witnesses-Decision December 7, 1850.................................. 538 113l Different terms of service by the same individual are to be consolidated, and only one warrant issued for the aggregate. See like decision [105] p. 535-Decision January 22, 1851........................... 538 115; Troops called out by the President cannot claim land bounty, (nor pension,.) unless they were mustered into the service of the United StatesDecision February 3, 1851....5......... 539 116; INDEX. 743 BOUNTY LANDS (Continued.) Page. No. Non commissioned officers and soldiers engaged in the war with the Creeks, called Creek disturbances, from the 5th May to the 30th Sep. tember, 1836, are entitled to bounty land under the act of the 2Wth September, 1850 —Decision 26th February, 1851.................. 539 117 The location of the bounty land, under the act of 28th September, 1850, must be on land that has been actually offered at public sale before the 3d March, 1851 —Dec ision March 17, 1851....................... 540 118 Land bounty is not granted by provision of any law, to volunteers engaged in iremoving Indians from North Carolina in 1838 or 1839 —Decision 19th March, 1851.................................... 540 119 Military land warrants cannot be located on pre-emption lands, nor on lands actually settled and cultivated, without the consent of the preemptioner and the settler, satisfactorily proven — Decision 19th March, 1851.............................................. 540 119 Bounty land warrants cannot be located in Oregon under the restrictive prov,'so of the act of the 3d March, 1851 —Decision May 2, 1851.... 542 121 Bounty land warrants regularly issued by the Department, however fraudulently obtained, are valid against the Government when they have passed into the hands of innocent purchasers without notice of the fraud which has been practised —Decision November 10, 1851... 545 127 A bounty land warrant, issued after the death of the soldier, must be cancelled, and the widow or minor children entitled to make a new application; but, if there be none, the grant lapses to the country —Decision December 27, 1851.................................... 547 130 A soldier on furlough is considered to be "in the service," and his title to bounty land shall not be diminished by deducting the term of his furlough —Decision 27th January, 1852........................... 548 132 Regulations and form of assignments of warrants, issued by the General Land Office, under the act of the 22d March, 1852............... 686 1,2,3 Regulations and form of "declaration " for bounty lands, under the act of the 22d March, 1852, (page 683,) issued by the Pension Office — Adopted 27th March, 1852................................... 689 BUSINESS, OFFICIAL. "Anxiety to dispatch a great deal of business" a source of official error and cost to the Government, (and nowhere more so than in the Pension Office)-Decision 4th February, 1843... 499 41 To lighten the labors of the Department of the Interior and of the Pension Office, letters addressed to the department, on business with that office, will be referred direct to the Commissioner of Pensions, who will acknowledge the receipt of all letters by blank forms properly filled up —Decision October 31, 1850....................... 536 110 C. CAPTfIVITY. The failure of a soldier to return to his duty after being irelieved from captivity viewed as desertion-Decision 31st August, 1840............ 496 38 A soldier on parole of the enemy is still in captivity-Decision 15th October, 1850..............................,.... 535 105 CAVEAT. Extreme caution required not to issue nor deliver bounty land warrants to wrong persons; but when so done, caveats must be resorted to by the office and the parties interested-Decision 26th March, 1850.... 522 82 Required to be presented to the General Land Office by a warrantee, in case of a lost warrant which had been transmitted to him by mailDecision 28th May, 1851.................................... 629 39 CERTIFICATES. To accounting officers of the Treasury for money in lieu of bounty land in behalf of widows and children, must be accompanied with evidence that the children are minors, and have or have not guardians legally appointed-Decision 10th September, 1849............... 514 67 744 INDEX. CERTIFICATES (Continued.) Page. No. The General Land Office disclaims any responsibility for the issue of dulplicate "certificates of warrants" for bounty lands that may be issued by the Pension Office-Decision 13th September, 1849............ 515 69 CHILDREN. Of a widow are entitled to amount of pension due to her at her death, under provision of the act of the 3d March, 1837-Decision 25th July, 1840 494 37 The pension to the survivor of several children entitled to it, should suffer no diminution or reduction on account of the death of any of them — Decision 2d October, 1851................................... 543 124 The descent of arrears of widows' pensions is, under the acts of 3d Mar. 1817, and 19th June, 1840, confined to the children of the deceased widow, which includes illegitimate children as well as legitimateDecision 1st December, 1851......................... 546 129 CLAIMS. To pension not presented by an invalid or a widow, or proof not perfected during their life time, may be claimed by the children, respectivelyDecision 29th December, 1839..................... 491 35 Law repealed before a claim is perfected abrogates the claim-Decision 2d October, 1814................................. 580 22 The non compliance with a rule of office not made public shall not defeat a rightful claim-Decision 11th June, 1849............. 511 57 All claims must be taken up in the order of their presentation-Decision 10th August, 1849.... 513 63 Adjudication and decision of, confirmed by appeal, to be considered as finally settled-Decision 25th August, 1849..................... 514 66 Adjudicated by the office cannot be reopened, except upon new and important evidence adduced, which was not attainable before decisionDecision 17th April, 1850................................. 525 88 Of absent persons in parts unknown, or unheard of for seven years, may be considered extinct, as the claimant is presumed by common law to be dead-Decision 7th May, 1850..5...................... 26 90 The action of the Secretary of the Interior on pension claims, is only by appeal from the original decisions below, (see Appeal)-Decision 26th September, 1851................................... 543 123 The interval between the expiration of an act granting pensions, and an act reviving the same, is not available to pension claims that were not vested during the first term of the revived act. Such claims must be considered under the act revived —Decision 29th October, 1851...... 544 125 COMMUTATION. Claims on which judgment has not been recovered in Virginia (see Virginia commutation claims) are suspended to await the action contemplated by Congress-Decision 13th June, 1850.................... 527 93 COURTS OF PROBATE. Of Vermont, are courts of record-Decision 2d November, 1832..3..... 485 22 D. DEDUCTION FROM A PENSION. On account of overpayment, to be made from subsequent payments, overpayments being considered as a debt-Decision 20th February, 1837 489 31 Of a deceased husband, claimed by his widow, to be made or not, according to circumstances-Decision 24th July, 1837.......... 489 32 The pension to the survivor or survivors of several children entitled to it, should suffer no deduction on account of the death of any of themDecision 2d October, 1851....................... 543 124 The term of a soldier's furlough shall not be deducted, in considering his bounty land claims-Decision 27th January, 1852................. 548 132 DESERTION. The failure of a soldier to return to his duty after being released from captivity viewed as desertion-Decision 31st August, 1840............ 496 38 Forfeits all claim to pension-Decision 27th June, 1843...,,........... 500 43 INDEX. 745 DISABILITY. Page No. Total, reduced to half disability, a case of; but through neglect, and official impediment, required renewal of evidence —therefore finally allowed by indulgence —Decision 11th May, 1831....................... 483 17 Incurred in the line of duty, (see "Line of Duty.") DISCHARGE. If a soldier's discharge mentions the term of his service, it shall be conclusive of his title to bounty land, (see " Bounty Land,") though he may not have been mustered into service with the rest of his company-Decision 12th November, 1849.................................. 516 71 DUTY. In the military and naval service, (see " Line of Duty.") E. ENLISTMENT. An enlistment under chronic disease is fraudulent, and invalidates a claim to bounty land-Decision 2d June, 1849........................ 511 56 Judicial decision respecting the term of, is entitled to more weight than the military rolls-Decision 18th August, 1849.................. 513 64 EVID1ENCE. By infants under nine or eleven years old, of definite terms of military service, not to be relied upon as accurate-Decision 8th April, 1850.. 524 86 EXECUTORS OR ADMINISTRATORS. Are legal representatives in claims on account of the Virginia State line of the revolution-Decision 5th March, 1836... 488 30 F. FILES AND RECORDS. The files and records in one public office necessary to establish or adjudicate claims before another public office, may be examined, and copied, to do justice to the claimants —Decision 12th October, 18149......... 515 70 May be examined by claimants and agents, in connexion with their ciaims-Decision 11 th November, 1851.......................... 546 128 FORMS, OFFICIAL. Forms connected with accounts of agents for paying pensions, (for which see "Accounts," ante.) Forms connected with claims and grants of bounty lands, (for which see " Bounty Lands," ante.) Form of a "declaration" by an applicant for a military invalid pension, (remarks, p. 669)..671 1 (remarks, p. 669),,.................................... 671 1 Form of a " declaration " by an applicant for a naval invalid pension, (remarks, p. 669)............................................. 672 2 Form of a " declaration " by an applicant for a privateer invalid pension, (remarks, p. 669)..673 3 Form of " affidavit" to be made by a surgeon in a case of application for an "increase of invalid pension ".........................564 9 Form of surgeon's certificate of disability in a navy invalid case-Adopted 24th November, 1842........ 579 24 Form of commanding officer's certificate of discharge of a navy invalid, for disability-Adopted 24th November, 1842.................... 580 25 Forms (to the same purport as the foregoing) for " certificate of death," " certificate of ordinary disability, " and' certificate for pension," issued 17th February, 1851, by the Navy Department-Adopted 13th October, 18511............................ 84 26 Form of order made by the Bureau of Surgery at the request of the Pension Office, for a medical survey, where no report of disability has been made by a navy surgeon................................ 585 27 7 46 INDEX. FORMS, OFFICIAL (Continued.) Page. No. Form of a "declaration" by regular troops of the revolution, in order to obtain the benefit of the act of Congress of June 7, 1832*.......... 554 1 Form of a "declaration " by State troops and militia, in order to obtain the benefit of the act of Congress of June 7, 1832.................555 2 Form of a " declaration " by a widow, in order to obtain the benefit of the third section of the act of Congress of the 4th July, 1836.......... 561 1 Form of a "declaration " by a widow, ill order to obtain the benefit of the third section of the act of 4th July, 1836, and of the first section of the act of 3d March, 1837............................. 562 2 Form of a I" declatation" by a widow, in order to obtain the benefit of the act of the 7th July, i838.................................. 569 13 Form of a " declaration " by a widow, in order to obtain the benefit of the resolution of Congress of the 23d January, 1845, for revolutionary and other pensions...................................... 581 Form of a "declaration" by a widow, in order to obtain the benefit of the act of the 2d February, 1848............................... 573 15 Form of a " declaration " by a widow, in order to obtain the benefit of the act of the 2 Lst July, 1848.................................... 574 16 Form of a " declaration " by a widow, in order to obtain the benefit of the act of the 29th July, 1848................... 577 17 Form of a " declaration" by a widow in order to obtain the benefit of the act of the 11th August, 1848................... 583 25 Form of "application" by a widow, with oath of identity, in order to RENEW her pension under the act of the 30th June, 1834.......... 582 25 Form of " application " by a widow in order to ItNEW her pension under the act of the 3d March, 1837.............................. 582 Form of "application " by a widow in order to RlENEW her pension under the act of the 17th June, 1844.............................. 571 14 Form of "application " by a widow in order to aRsENw her pension under the act of 3d March, 1845........................... 582 Form of " application" by a widow in order to 1tElNsEw her pension under the act of 11th August, 1848............................. 583 Form of a "' certificate of a navy invalid pension.".................. 586 28 Form of a "notice" to a pension agent in behalf of a navy invalid placed on the navy pension roll..................................... 586 28 Form of a "certificate of a widow's navy pension................. 586 28 Form of a "notice" to a pension agent in behalf of a widow placed on the navy pension roll........................................ 586 28 Form of a "certificate of an orphan's navy pension.". 587 28 Form of a "notice " to a pension agent in behalf of an orphan placed on the navy pension roll, (or privateer pension roll, or military pension roll,t as the case may be, in each instance as above enumerated,).... 587 28 Form of'" application" for the renewal of a lost " certificate of pension." 565 10 Form of "application" for a transfer of pensioner's name to another agency for payment....................................... 566 11 Form of " affidavit" to be made by a pensioner when a "certificate of pension " is illegally withheld................................. 563 8 FRAUDS. A bounty land warrant fraudulently obtained, does not impair the rightful claimant, (see " Warrant," "Bounty Land ")-Decision 16th May, 1849................................................ 510 55 Enlistment by a soldier under chronic disease is a fraud (see " Enlistment ")-Decision 2d June, 1849............................ 511 56 * No blankl Form of the " declaration " required of applicants for the benefit of the act of the 18th March, 1818, stating " that from their redluced circumstances they need the assistance of their country," properly attested, &c., according to the regulations of the War Departmcnt of the 25th ilarelh, 1 p18, pafne 550, coulrt be procured for insertion in this compilation; but the omission will be considered as sufficiently supplied by this reterence to it -EDITORS. t Thlere are forms of " certificates of pensions," for every denomination of pensions, and also forms of' notices to the pension agents of such pensioners beingr placed on the approporiate pension roll0s," but the blanks could not be obtainerl in every instance for insertion in this com pilation, tilough tile omissions are of no moment, as they can easily be supposed from the exanmples given in the text.-ED-IToRS. INDEXo 747 FRAUDS (Continued.) Page. No. Bounty land warrants regularly issued by the department, however fraudulently obtained, are valid against the Government when they have passed into the hands of innocent purchasers without notice of the fraud which has been practised-Decision 10th November, 1851.......... 545 127 FURLOUGHI A soldier on furlough is considered "in the service," and his bounty land shall not tbe diminished by deducting the term of his furloughDecision 27th January, 1852... 548 132 G. GUA RDIANS. To minors claiming bounty lands should be appointed in the State and county where the children reside-Decision 15th October, 1850...... 535 107 I. IDENTITY. Of any pensioner whose pension has not been claimed for a year or more, mustbe proved in order to continue payment —Decision 19th June, 1824 476 3 INCREASE OF INVALID PENSIONS. Claims for increase of invalid pensions to be presented only on biennial examiinations, and through agents for paying pensions —Decision 11th April, 1831................................ 482 16 The aforesaid rule of the 1 1th April, 1831, is rescinded as to biennial periods of examination-Decision 17th November, 1831............. 483 19 Increase of pension, on account of increased disability, to commence from the date of increased disability —Decision 28th August, 1845........ 509 52 Regulations for the use of applicants for an increase of pension, with form of surgeon's affidavit of disability-Decision, (without date)......... 563 9 INDIANS. Non-commissioned officers and soldiers enaged in the war with the Creeks, from the 5th May to the 30th September, 1836, are entitled to bounty land under the act of the 28th September, 1850-Decision 26th February, 1851........................................ 539 117 Bounty land is not granted by provision of any law to volunteers engfged in rermoving Indians from North Carolina in 1838 or 1839Decision 19th Nlarch, 1851................................... 540 119 INDIGE, TrS. The commissions of officers, and the discharges of the regular soldiers of the army of the revolution, applying for pensions under the act of March 18, 1818, must in every instance (if in existence) be furnished to the War Department; and the signatures of the respective judges certifying in these cases must be attested by the seal of the court where such judges preside; and the person applying for a pension must make "declaration" under oath, before the judge, (see "forms,") that, from his reduced circurnstances, he needs the assistance of his country for support- -Regulations 25th March, 1818.............. 550 2 Debts of claimants, as indigents, are to ble taken into the estimate of their schedule-Regulation 13th May, 1828.......................... 477 6 If yearly interest of property be less than the amount of pension it shall not abate the pension-Decision 15th October, 1828............... 477 7 Inequality in estimating the indigence of claimants to be corrected-Regulation 26th December, 1828................................ 479 10 The aforesaid regulation of the 26th December, 1828, explained-Regulation 2d February, 1829..................................... 480 11 Indigence occasioned by debts to children must be clearly shown-Regulation 12th January, 1831).................................... 481 14 The aforesaid regulation of the 12th January, 1830, rescinded-R-egulation 21st October, 1831................. 483 18 The conveyance of property, by indigent claimants of pension, to members of their family, suspicions-Decision 20th January, 1832..... 484 20 748 INDEX. INSANE PERSONS. Page, No. Declaration may be made by a relative of a claimant, in case of insanityDecision (without date)............................. 488 29 In the case of an imbecile widow of a soldier, where no guardian has been appointed, the facts required to establish her claim for bounty land may be shown by deposition of one or more credible witnesses-Decision 7th December, 1850................................... 538 113 INTEMPERANCE. Death of a soldier arising from intemperance, which is a violation of military law, is not a case of death occurring in the line of duty —Decision October 10, 1850...................................... 534 104 INTEREST. Interest upon interest cannot be allowed in the settlement of claims before the Pension Office-Decision 7th January, 1850............. 516 72 A debtor for money erroneously paid him or her by the United States, (as a pension, for example,) is properly chargeable with interest on the same, to be calculated and deducted out of subsequent payments accruing to the debtor; to be computed as is directed by Chancellor Taylor, 4 Henning and Mumford's Reports, p. 431 —Decision 29th October, 1851............................................. 544 125 INTERVAL. The interval between the expiration of an act granting pensions, and an act reviving the same, is not available to pension claims that were not vested during the first term of the revived act: such claims must be considered under the act revived.................................. 544 125 INVALID PENSIONS, MILITARY. Regulations established by the Secretary of War, for substantiating claims to pensions on account of wounds or other injuries received during the late war with Great Britain-Regulation 23d December, 1817... 549 1 In all invalid cases of the regular army or militia, where the discharge and the surgeon's certificate of disability cannot be produced, the applicant must produce the sworn certificate of his captain or other officer under whom he served, stating the time and place his disabiliLy occurred, and that it was whilst in the line of his duty, together with the affidavit of one or more surgeons or physicians, describing the nature and degree of the disability; which documents must be sworn to before a judge of a court, or justice of the peace, under their official seal, (see "IForms.") And he is also required to give the name of the paymaster who last paid him, as belonging to the service of the United States, in otder to a due examination of the muster rolls-Regulation 23d December, 1817.... 549 1 Applicants for invalid pensions must have been mustered in the United States service-Decision 4th October, 1821...................... 475 1 Pensions shall commence at the completion of the testimony-Decision 11th December, 1822....................................... 475 2 Disability must have occurred in the line of duty, to entitle an invalid to a pension —Decision 15th July, 1824...................... 476 4 When the muster rolls do not show the disability of the applicant, pension shall not be granted without explanation-Decision 10th Jan., 1825 477 5 Total disability, however trivial, is defined to be that which cannot be wholly or in part removed-Decision 23d October, 1828............ 478 8 Provisions for wounds and disabilities under the act of 3d March, 1835, not repealed by act of 2d March, 1821- Decision 18th November, 1828 479 9 Officers in receipt of pay in the army, not to be placed on the pension list-Decision 18th April, 1829....................... 480 12 Pension to commence from the date of the examination of the claim in the office —Decision 22d December, 1829.......................... 481 13 A case in point shows that official delays jeopard the claims of applicants; the case is stated and admitted informally, in consideration of great delays-Decision 27th April, 1830........................ 482 15 Decision or rule of 22d December, 1829, aforesaid, rescinded; and proof to be considered complete at the date of the last certificate —Decision 30th January, 1832................ 484 21 INVALID PENSIONS, MILITARY (Continued.) Page. Ne. Officer disabled in the line of his duty in a higher grade of service than his commission, is entitled to the pension of such higher grade, though not commissioned in that rank-Decision 15th January, 18:33.......... 486 24 The respectability of a surgeon or physician giving certificate of disability, to be vouched for by the agent for paying pensions, or by a member of Congress-Regulation 29th November, 1833..................... 487 20 Testimony of two witnesses as to the origin and nature of disability, is necessary in cases where the commanding officer's testimony cannot be obtained-Decision 17th June, 1834........................... 487 27 A minor, as a soldier, disabled in the line of his duty, is entitled to a pension, though a minor-Decision 10th February, 1836.............. 488 28 The respectability of a surgeon or physician giving certificate of disability, may be certified by a judge of any court of the United States —Regulation 4th December, 1838............................ 490 34 A soldier is always in the line of his duty, except under arrest, on furlough, or absent without leave —Decision 10th April, 1849......... 510 54 Disability of a soldier, incurred in the line of his duty in removing Indians, entities him to a pension —Decision 2d July, 1850........... 528 95 Death of a soldier from intemperance is not a case of death in the line of his duty, but in a violation of military law —Decision 10th Oct., 1850 534 104 J. JUSTICE OF THE PEACE. The official act of a justice of the peace in Virginia is as valid as that of a member of a court of record —Decision 13th July, 1849............ 511 59 LABORERS. Mechanics, and others, employed, but not enlisted or enrolled, are not component parts of the army, therefore not entitled to pension —Decision 18th July, 1849.......................... 512 60 LAW. Special relief acts in behalf of individuals, are not affected by the general practice of the Pension Office, nor by general legal provisions-Decision 3d January, 1833...................................... 485 23 The repeal of a law before a claim under it is prepared abrogates the claim -Decision 2d October, 1844....................... 580 22 The construction of law shall not pervert the specific, clear, and well-defined terms of a law, even to cover a case of equity-Decision 24th August, 1819................................................ 513 65 LINE OF DUTY. A soldier is always in the line of his duty, except under arrest, on furlough, or absent without leave-Decision 10th April, 1849......... 510 64 Death by drowning may occur in the line of duty in the naval serviceDecision 19th February, 1850................... 516 73 Testimony by a private person of a wound received in the service, (which is a phrase frequently used as convertible with the phrase in the line ef duty,) may suffice if no official evidence can be obtained-Decision 27th February, 1850............................... 518 75 LIMITATION. Of claims, (for which see "Claims.") M. MARINE CORPS. Any applicants of the marine corps engaged in the war with Mexico, are entitled to bounty land under the joint resolution of the 10th August, 1848, (p. 278,) upon making affidavit in their declaration that they re t50 MARINE CORPS (Continued.) Page,. linquish all claim to prize money and other extra allowances; and even if the claimant has received prize money or other allowance, he may claim thep, land bounty, upon making restitution of the same, on his making election to take the bounty —Decision 8th July, 180........ 529 97 Any portion of the marine corps who served in any of the wars referred to in the act of the 28th September, 1850. are entitled to bounty land under that act —Decision 12th October, 1 850................535 105 Tabular statement of the monthly pay of the marine corps, the guide for estimating the rates of pension..................5...... 581 MARRIAGE, EVIDENCE OF. Parties living together through a series of years as man and wife, and their having children in the time, proved to be acknowledged and treated as legitimate, with the direct atfilavit of the surviving party, may suffice to establhsh Ihe marriage, and supersede the necessity of surren.dering the family record for that purpose, held dear as a family vocueher. The fact of service claimed to have been rendlered by a deceased husband, sustained by a variety of collateral evidence that could not have existed except in connexion with such service, should dispense with the requirement to prove the service in the usual direct manner, when that has become impossible —Decision 13th September, 1850.......... 532 102 MECHANICS. Laborers, and others, not entitled to bounty land, (for which see " Laborers ")-Decision 18th July, 1849...................... 512 60 N. NAVY PAY. Tabular schedule of the monthly pay of the navy from 1813 to 1835, and continued to the present time, as the guide for extending the rates of navy pensions........ 679 NAVY PENS1ONS. Regulations respecting navy pensions. The widow of a pensioner who is rated as a' boy," may receive a pension in certain cases-Decision 29th April, 1.841.......5..77...... -............ 577 18 NAVY PENSION CLAIMAN I'S. The phrases "in service,"' "on duty," "waiting orders," "on furlough,"'C on leave," discussed in reference to the 3d section of the 16th August, 1841, providing for the payment of navy pensions-Decision 20th August, 1841............. 578 19 0. OFFICERS. Disabled in the line of duty in a higher grale than his commission, is entitled to a pens;on according to the higher grade, though not commissioned- Decision 15th January, t833...................... 486 24 OPINION OF ATTORNEY GENERAL. Advisory onlyt not appellate-Decision 28th June, 1849........... 511 58 ORPHANS. Payment of arrears of pensions due to a deceased pensioner, can be made to an executor or administrator, under the act of the I 9th June, 1810, only for the benefit of orphans-Decision 21st April, 1845...... 510 53 OVERPAYMENT OF A PENSION. Deduction to be made of an overpayment of a pension, it being considered as a debt, (see "Deduction ") -Decision 20th February, 837...... 489 31 A debtor bfor money erroneously paid him or her lby the IJUnited States, as a pension, fbr example, is properly chargeable with interest on the same, to be calculated and deducted out of subsequent payments accruing to the debtor; to be computed as is directed by Chancellor'Taylor, 4 Henning and Mumford's Reports, p. 431-Decision 29th October, 1851I................... 544l 12I5rl mDEX, 751 P. PAPERS FILED. Page, No, With applications for pensions or bounty lands, cannot be withdrawn, but certified copies may be had in their stead —Decision 1st September, 1851~~~.5~~. 5~~~~~~~~~ ~~~~~~~0~ 45 125 Claimants or agents may examine files and records connected with their claims, under the immediate superintendence of the chief clerk —Decision Ilth November, 1851..,................... 546 128 PAROLPE. (See " ('aptivity ") PAY )F THE ARMY AND NAVY. Tabular schedules are given of' army and navy pay, at fixed periods of time, to the present, as the best guides for calculating the rates of pensions, except when those rates are varied by special acts............ 674 PENSION FOLLOWS RANK. With or without commission. An officer disabled in the line of his duty in a higher grade than his commission, is entitled to the pension of the higher rank, though not commissioned-Decision 15th January, 1833 486 24 PEN`IO.()N. Deduction from, (see " Deduction.") The pension to the survivor of several children entitled to it, should suffer no deduction on account of the deceased children-Decision 2d October, 185!.......................... 543 124 PENSIONS UNCIAIMED. Remniining in the hands of pension agents for fourteen months, are payalble at the TIreasury, whither they are transferred by draft of the Commissiotner of Pensions on the pension agent-Decision 30th August, 4................................................. 497 39 The right of a pension (under act of 19th June, 1840) never claimed in the life timp of him or her entitled to it, or if claimed, and the proof not perfected in the life time of the claimant, goes to his or her personal representatives in common law-Decision 5th March, t180.... 519 77 R, RANK, Pension follows, (see "' Pension follows Rank.") The rank of officers in the Virginia State line depends on their commission4 and the amount of their half pay depends on their rank, without regard to promotion in expectancy —Decision 15th June, 1844...... 504 47 RECOIDe AND FILES. (See "~Files.") RELIEF AUT8. In belhalf of individuals, are not affected by the practice of the office, or by general provisions of law-Decision 3d January, 1833.......... 485 23 REPEAL,OF LAWS, EFFECT tOF. The repeal of a law before the perfe'ting of claims for pensions proviJed for by it, abrogates the claims-Dccision 31st October, 1844....... 580 23 REVOLUIJTI'NARY PENSIONS. (Ace "Invalids," "Indigents,' Survivors of the Revolutionary War,"'' tX idows" of, &c ) RULES AND RdGULAT'IoNS. (For which see the several subjects in detail under their proper heads respectively.) Non compliance with a rule of office not made public, shall not defeat the righlt ol a claimant-Decision 11th June 1849.,,,,................. 511 57 S. BECO)ND MARRiAGE. 1No bar to a widow's claim for pension under the act of 7th July, 1838, if she le a widow at the time of her application-Decision 14th No-,ember, 1842.......,.................. 497 40 752 INDEX. SURGEONS. Pagee. N. Under the act of the 7th June, 1832, are entitled to the highest rate of pension, according to the length of service-Decision 15th March, 1843 500 42 Under the act of the 15th May, 1828, surgeons are entitled to pension at the rate of infantry captain's pay only, or the same rate per month as he had received commutation-Decision 17th February, 1844....... 502 45 SURVIVORS OF THE REVOLUTIONARY WAR. The claims to pension under the act of 7th June, 1832, by surviving officers and soldiers of the revolution, are classified for office convenience, and rules of evidence prescribed in relation to them, with forms of "declaration" to be observed in presenting the claims in their respective classes-Adopted 27th June, 1832.......... 550 3 U' UNCLAIMED PENSIONS. (For which see "Pensions Unclaimed." V. VIRGINIA STATE LINE, Rules of evidence adopted by the Treasury Department on the 28th July, 1832, relative to half pay due to revolutionary officers of the Virginia State line-Adopted 2d June, 1835............... 557 6 Executors or administrators are legal representatives, in claims on account of the troops of the Virginia State line in the revolutionary war-Decision 5th March, 1836.............................. 488 30 The decision of Supreme Court of Appeals of Virginia binding on Department of War, under act of 5th July, 18:32-Decision 16th Aug., 1838 490 33 The rank of officers in the Virginia State line depended on their commission, and the amount of their half pay depended on their rank, without regard to promotion in expectancy-Decision 15th June, 1844...... 504 47 Legal representatives of officers of the said State line are entitled to the full amount of pension due their testators under the act of the 5th July, 18:32, without deduction on account of pension said officers or their widows or children may have received under the act of the 15th May, 1828, the practice of the office to the contrary notwithstanding-Decision 6th July, 1844......................................... 507 50 Under the act of the 5th July, 1832, the same individual may receive half pay for life as ensign in the Virginia State line, and half pay for life as a supernumerary paymaster in the same State line-decision 14th March, 1850.................................................... 521 79 Under the provisions of the act of 5th July, 1832, the legal representatives of officers of the said State line are entitled to receive the arrears of their "half pay for life" —Decision 25th April, 1850............ 525 89 VIRGINIA COMMUTATION CLAIMS. On which judgment has not been recovered in Virginia, are suspended, to await the action contemplated by Congress —Decision 13th June, 1850................................................... 527 93 It is morally certain from historical facts, that the Virginia militia served two years, at intervals, in the war of the revolution; claims affected by that fact will be governed accordingly —Decision 9th September, 1860 532 101 Commutation claims of officers of the Virginia State line and navy are suspended to await the action of the 32d Congress: it no further action by Congress, then for further consideration of this department. Secretary of Interior has no control over unexpended balance of commutation fund appropriated for judgments against Virginia —Decision 4th October, 1850................................................. 533 103 According to a decision by the Supreme Court of Appeals of Virginia, sanctioned by the 3d section of the act of Congress of July 5th, 1832, as valid against the United States, any officer in the Virginia State line of the revolution is entitled, for life, not only to half pay as an officer, INDEX. 7 5 3 VIRGINIA COMMUTATION CLAIMS (Continued.) Page. No. but to the half of the pay he may have been legally entitled to by reason of any additional duty performed, or position occupied; and any arrear thereof to go to his legal representative —Decision 27th Jan., 1852... 547 130 WAR WITH MEXICO. The war with Mexico commenced on the 24th April, 1846, the date of General Arista's letter to General Taylor, making that declaration, corloborated by other facts, and confirmed by the act of Congress of 13th May, 1846 —Decision 10th June, 1850......................... 527 92 WARRANTS FOR BOUNTY LANDS. A warrant fraudulently obtained or issued to a wrong person, does not invalidate the rightful claim of the soldier, his widow, or his heirs-Decision 16th March, 1850.................................... 521 80 Location of warrants cannot be made on pre-emption lands, nor on lands actually settled and cultivated, without the consent of the pre-emptioner satisfactorily proved-Decision 19th March, 185 t............... 540 119 Erasures and re-writing noted as having occurred before signing a warrant, or even a patent, do not violate the instrument. A warrant issued after the death of the soldier must be cancelled, and the widow or minor children entitled to make a new application; but if there be none, the grant lapses to the country-Decision 27th December, 1851.................................... 547 130 WIDOWS' PENSIONS. Rules of evidence established by the President, in widows' and orphans' claims, under the act of July 4, 1836, with forms annexed-Adopted 9th July, 1836......................................... 559 7 Rules of evidence prescribed by the President, for granting widows' pensions under act of 7th July, 1838-Adopted 17th July, 1838........ 567 13 tUnder the act of July 7, 1838, widows' pensions begin where the husband's pension terminated, in certain cases-Decision 1st April, 1839. 493 36 The widow of a pensioner rated as a'6 boy," (in the naval service,) may receive a pension in certain cases-Decision 29th April, 1841....... 577 18 The claims of certain widows to pensions, and the continuance of others on the pension rolls, under the act of the 3d March, 1837, explained and limited according to the repealing act of the 23d August, 1842Decision 2d September, 1842.................... 578 20 Second marriage no bar to a widow's claim for a pension under act of July 7, 1838, if she be a widow at the time of her application-Decision 14th November, 1842..................................... 497 40 Benefit of the joint resolution of the 16th August, 1842, extends to those widows only who were then living-Decision 4th February, 1843.... 499 41 A widow may receive a pension for the service of two husbands; but, is not entitled to both at the same time-Decision 25th November, 184-2. 501 44 The act of the 30th April, 1844, making appropriations for pensions, applies to all widows' claims filed in the Pension Office before the passage of the act, and to all subsequent cases. Previous to the passage of that act widows were entitled, under the acts of July 7, 1838, and 23d August, 1842, to receive a pension from the 4th March, 1836, to the 4th March, 1841, (i. e. for five years,) notwithstanding the husband may, at the same period, have drawn a pension — Decision 1st May, 1844.......................................... 503 46 The act of the 17th June, 1844, in behalf of certain widows, gives benefits of law to their children upon contingencies of their mother's death — Decision 20th June, 1844................................. 506 48 Rules of evidence prescribed in order to carry into effect the act of 17th June, 1844, to continue pensions to certain widows-Issued 25th June, 1844 4............................................. 506 49 The pension due to the widow of a revolutionary officer at her death, as arrears to her husband, but never claimed by her, cannot, in any case, 154 INDE3SX. WIDOWS' PENSIONS (Continued.) Page. No. go to the executor or administrator, but to the children, the erroneous practice of the office to the contrary notwithstanding —1)ecision 18th July, 1844................................................ 507 51 Regulations and form of declaration for the use of widows claiming pension under the joint resolution of the 23d January, 1845, explanatory of the act of the 30th April, 1844, which made appropriations for the payment of revolutionary and other pensioners, but restrained widows from receiving pensions at the same time their husband's received one —Issued 27th January, 1845....................... 581 24 Instructions and form of declaration to obtain the benefit of the act of Congress of 2d February, 1848, entitled 6 An act making further provision for surviving widows of soldiers of the revolution" —Issued 9th March, 1848.................................... 572 15 Instructions and form of declaration for the use of widows in order to obtain the benefits of the act of the 21st July, 1848-Issued 21st August, 1848.. 7...1....6............... 573 16 Instructions and form of declaration for the use of widows in order to obtain the benefit of the act of the 29th July, 1848 —Issued:3lst August, 1848......................... 575 17 Want of record of marriage, or inability to obtain it, may be supplied by parole evidence or affidavit of marriage, in support of a widow's claim for pension-Decision 1st August, 184:9................... 512 61 A certificate of marriage by a respectable resident, where there is nTo conflicting testimony, is sufficient to establish the marriage.. Decision I st Augusl, 1849........................ 512 62 The amount of pension claimed by the widow of a revolutionary soldier, should be settled by the provisions of law, rather than the recollections of the parties —Decision 4th April, 1850............ 524 85 VWidows of surviving officers anti soldiers of the revolution, who were married before 1794, and were living on the 7th June, 1832, are entitled to the benefits of the act of February 2, 1848 —Decision 6th June, 1850 526 91 If the certificate of a commissioned officer cannot be obtained to prove that a widow's husband died of disease contracted in the line of' his duty, the testimony of other credible witnesses may be admitted —Decision 9th September, 1850........................ 532 100 Parties living together through a series of years as man and wife, and their having children in the time, proved to be acknowledged and treated as legitimate, with the direct affidavit of the surviving party, may suffice to establish the marriage, and supersede the necessity of surrendering the family record for that purpose, held dear as a family voucher. The fact of service claimed to have been rendered by a deceased husband, sustained by a variety of collateral evidence that could not have existed except in connexion with such service, should dispense with the requirement to prove the service in the usual direct manner, when that has become impossible —Decision 13th September, 1850............ 532 102 The pension arrears to which a widow might have been entitled under the act of 16th August, 1846, had she been living, &c., (for.which see "Arrears ") —Decision 15th November, 1850................... 537 111 After the explanations prefixed to this Index were in type, we concluded to modify the arrangement by separating the Index of Opinions of Attorneys General from the Index of Decisions and( Forms, that lthe Laws, Opinions, and Decisions, may be consulted separately. It now staadwtlistributed, ia three parts, thus: Page. Part L. Index of the Laws on Pension and Bounty Lands................. 695 Part I1. Index of Opinions of Attorneys General on Pensions and Bounty LJands 722 Part XIl. Index of Decisions, Regulations and Forms, in the execution of the Pension and Bounty Land Laws...738