I ill 
 
 7721 
 A535 
 T83 
 
QJnrnpU ICaui ^rlynnl ICibrary 
 
Cornell University Library 
 KF7721.A535T83 
 
 An analytical digest of the pension and 
 
 3 1924 020 607 341 
 
The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924020607341 
 
AN 
 
 ANALYTICAL DIGEST 
 
 OF THB 
 
 PENSION 
 
 BOUNTY LAND LAWS, 
 
 DECISIONS OF SECRETARIES AND OPINIONS 
 OF ATTORNEY-GENERALS THEREON, 
 
 FOKMS AND REGULATIONS PRESCRIBED BY THE PENSION OFFICE, 
 AND EXPLANATORY COMMENTS. 
 
 THE WHOLE SO ARRANGED 
 
 AS TO BE INTELLIGIBLE TO EVEEY CLAIMANT. 
 
 BY 
 
 F. F. C. TRIPLETT, 
 
 IiATE CHIEF CLERK OP THE PENSION OFFICE. 
 
 WASHINGTON, D. C. 
 1864. 
 
/<CbRNELL: 
 jUNIVEF^SITY 
 '^;xyBRARY ^^ 
 
 Kntered, according to Act of Congress, in tho year 1854, by 
 
 F. P. C. TRIPLET!, 
 
 in the Clerk's Office of the District Court of the United States in and for 
 the District of Columbia. 
 
 (ii) 
 
PREFACE. 
 
 The system of granting Pensions and Bounty Lands, in prescribed 
 cases, has become so thoroughly incorporated into our policy, that 
 even those who desire,, can never expect to see, its discontinuance. 
 Originating in 1776, every change in it down to the present time has 
 had for its object the embracing of more numerous classes, until there 
 is hardly a neighbourhood in the United States which does not con- 
 tain one or more persons directly interested in some of the gratuities 
 thus promised. 
 
 In most instances pensions have, at the commencement of each 
 war, been promised for disabilities or death incurred in its prosecution ; 
 though as to Revolutionary soldiers and their widows, pensions, with- 
 out regard to disabilities, were provided long after the rendition of 
 the service. Bounty Lands, at first offered only to the file of the 
 regular army for long terms of enlistment thereafter to be served out, 
 have, by subsequent enactments, been extended to almost all who 
 have borne arms in our foreign hostilities or Indian disturbances. 
 
 It was the inevitable result that a fabric thus reared, not upon any 
 preconceived plan, but in detached parts to suit temporary purposes, 
 should lack uniformity in its design and consistency in its details. 
 Of the claims under the various Bounty Land laws, some amount to 
 a fee simple, devisable and descendable to heirs general ; the descent 
 of some is restricted to specified heirs ; and some die with the claim- 
 ant. So contrariant are the rules governing the different classes of 
 pensions, that an attempt to enumerate them would almost amount 
 to a treatise on the subject. 
 
 In many instances, again, the intention of the legislature has been 
 defeated by the employment of inadequate or improper expressions 
 in the laws themselves, or by too narrow and rigid a construction on 
 the part of the department charged with their execution. Congress 
 has constantly interposed to remedy such inconveniences, until, fre- 
 quently, the amendments have totally changed the operation of the 
 original law. These amendments are, of course, in a compilation 
 chronologically arranged, separated at wide intervals from the acts 
 to which they refer, and are often tacked to laws upon a different 
 class of pensions, to appropriation bills, or in other places in which 
 an inexperienced person would never think of seeking them. 
 
 Hence has arisen that obscurity which has enveloped the Pension 
 and Bounty Land laws as in a fog, through which no one can grope 
 his way, unless at such labour and cost as few but professional agents 
 would be willing to bestow upon the subject. The evils which have 
 sprung from this state of things have been too universally felt to re- 
 quire that they should be dwelt upon ; yet it may not be useless to 
 glance at a few of the more prominent. 
 
 (iii) 
 
IV PREFACE. 
 
 It has facilTtated the perpetration of infiumerable frauds against 
 the government. Proceedings in claims of this character must, in 
 the nature of things, always be ex parte, and the only possible check 
 to interpose against the machinations of a dishonest agent, is to be 
 found in the conversance of the magistrate before whom the proof is 
 made, with the laws whose benefit the party is seeking. No judge, 
 because an occasional declaration is made before him, feels it his duty 
 to wade through the undigested map of laws, regulations, and deci- 
 sions relating to the whole system, and few justices of the peace, 
 (before whom evidence in such cases is usually taken,) have the skill, 
 if they had the leisure, to extract from the confused heap the princi- 
 ples which govern any particular class of claims. 
 
 While I was in office in the Pension bureau I prosecuted to convic- 
 tion a man in Vermont, who had defrauded the government under 
 these circumstances. He found in that section many widows of revo- 
 lutiori:iry soldiers, all of whom had married within the present cen- 
 tury, and some of them, as was notorious through the neighbourhood, 
 but a few years before. These it was hjs object to have put upon 
 the pension list. "Kie Act of the 29th July, 1848, under which their 
 claims were presented, offers a pension to certain widows whose mar- 
 riiifre happened before the 2d January, 1800 ; but the probate judge, 
 bf'l'or.^ -.vhom the papers were made out, supposed that the fact of the 
 iiiivn i.n;,'e. ;;nd not the date of it, was the gist of the claim. As there 
 could l:e no doubt of the fact, he paid no attention to the insertion 
 of the thnu, which the agent left blank, and afterwards filled up with 
 dates to suit his own purposes ; thus making it appear that marriages 
 which really took place in 1830 had occurred in 1799. Had the 
 judjre in this instance known the requisitions of the law, his own per- 
 sonal knowledge of the facts would have enabled him to arrest the 
 fiMuds at the outset, and thus to have saved to the government a 
 large amount of money. And I feel confident that those best ac- 
 quainted with the subject will sustain the assertion, that of all the 
 frauds committed in these matters, (so many of which the vigilance . 
 of the present Commissioner of Pensions has brought to light,) few, 
 would have been possible if the magistrate had been instructed in the 
 precise nature of the rights claimed. 
 
 Then, again. Congress has frequently failed to make the exact 
 provision it designed, from the unconversance of those who drafted 
 the bills with the decisions which had before been rendered upon laws 
 of a similar character. To give but one instance. The first act 
 passed for the benefit of Revolutionary widows, (that of 4th July, 
 1836,) provides, that "if any person &c. have died, leaving a widow." 
 Upon this the Attorney-General decided that all were excluded whose 
 husbands were living at the date of the passage of the act, and all 
 who had ever re-married after the death of the husbands for whose 
 services they claimed. Yet these phrases were repeated in most of 
 the subsequent enactments upon Pensions and Bounty Lands ; though 
 when the attention of Congress was called to the point it uniformly 
 vindicated its intention by removing these restrictions by express 
 
PREFACE. V 
 
 legislation ; which, however, as it did not reach those who have died 
 in the mean time, did not fully repair the evil. 
 
 But the claimants, they for whose benefit these laws were passed, 
 have been the chief suiferers from the want of an intelligible digest 
 of them, with the decisions and regulations regarding them. The 
 prosecution of these claims has grown into a regular profession, to 
 which many intelligent gentlemen have devoted themselves, not with- 
 out the expectation of a remuneration for their services. It is not 
 once in five hundred times that any one conceiving himself or herself 
 to have a demand against the government for a gratuity of this sort, 
 thinks of approaching it otherwise than through one of these. If the 
 agent be honest and trustworthy, he is satisfied with one-third or 
 one-half of the amount recovered ; if not, (as is sometimes the case,) 
 he keeps it all. Should the party determine to make his own appli- 
 cation, or to do it through an uninstructed friend, he is apt, after 
 considerable expense and loss of time, to find that he is prosecuting 
 a visionary claim ; or, if it be well-founded, that he has misconceived 
 its character, and every step he has taken has been in a wrong di- 
 rection. Thus it appears that while Congress has been apparently 
 legislating for the benefit of disabled soldiers and seamen, and the 
 widows and orphans of those who have fallen at their posts, the pro- 
 fits have accrued to persons never in the contemplation of that body. 
 If it were worth while to pass these laws, is it not equally necessary 
 to afford claimants the means of understanding them ? 
 
 That the obscm-ity so justly complained of in reference to them is 
 not inherent in the subject itself, but has arisen from the want of 
 system in the compilations heretofore made, I think the present work 
 will demonstrate, of which I now proceed to give the plan. 
 
 Instead of arranging the laws chronologically, as has heretofore 
 always been done, I have divided them into their genera, and each 
 of these I have subdivided into the various classes which compose it. 
 Under the act which originated each class I have introduced all the 
 acts amending it, all the decisions settling controverted principles 
 relating to it, and the form of declaration and regulations prescribed 
 by the Pension Office for carrying it into effect. Thus any one by 
 reading the leading act will find whether his case is embraced in it, 
 and in connection he will find the changes it has undergone, the con- 
 struction of the department, and the mode of procedure. 
 
 The whole system is divided into six parts, relating 
 
 I. To Revolutionary Pensions. 
 
 1. The Act of 1818, which constitutes the first class of this genus, 
 is never resorted to now, for reasons explained under that head, 
 
 2. The Act of 1828 gives to every officer and soldier of the conti- 
 nental line during the Revolution, no matter when he entered the 
 service, provided he continued therein to the end of the war, the full 
 pay per annum which he received in the service, never to exceed the 
 full pay of a captain, which under no circumstances could have been 
 more than $600. 
 
 3. The Act of 1832 gives to all the land troops, marines, and 
 
VI PREFACE. 
 
 naval forces who served as much as six months during the Revolution 
 — those who served less receiving nothing — a pension equal to half 
 the pay he was entitled to during that war for eacli month's service, 
 from six months up to twenty-four months, after hnving completed 
 which he is entitled to no more for additional service, so that his 
 pension can never exceed one year's pay, with the further proviso 
 that that pay shall not he higher than the pay of a captain, which 
 officer, in the artillery and cavalry, received $600 per annum. Hence 
 the first point under this act is, to establish the length of the service ; 
 the next, to fix the grade in which the service was rendered ; then 
 consult the Pay Table for the pay attached to that gradfe at the time 
 the party was in service ; multiply the number of months he served, 
 not exceeding twenty-four, by his pay; divide the sum by 2, and 
 that gives thepension. 
 
 These are all the acts relating to surviving officers and soldiers of 
 the Revolution. The following relate to their widows. 
 
 4. The Act of 4th July, 1836, provides for such widows as were 
 married before the last period of the service rendered by their hus- 
 bands. 
 
 5. The Act of 7th July, 1838, provides for such widows as were 
 married before the 1st January, 1794. 
 
 6. The Act of 2d February, 184S, provides for such widows as 
 were married before the last-mentioned date. 
 
 These acts refer to the Act of 7th June, 1832, as their basis, and 
 such widows only can claim under either of them whose husbands 
 would have been entitled under said last-mentioned act. 
 
 7. The Act of 29th July, 1848, provides for widows married before 
 the 2d day of January, 1800. But it is larger in its scope than the 
 last-mentioned three, since under it a widow will be entitled in any 
 case where the husband, if living, could have claimed under any ex- 
 isting pension law. Hence if the husband were a war's man, though 
 he did not serve a month, or if he were an invalid revolutionary pen- 
 sioner, though the amount of his service cannot be proved, she may 
 claim the same pension he was entitled to. 
 
 8. The Act of 3d February, 1853, admits all who are widows when 
 they apply, no matter when married. 
 
 II. Akmy Invalid Pensions. 
 
 These I have given under the following subdivisions : 
 
 1. Invalids of the Revolutionary war. Although the Act of 10th 
 April, 1806, is not now in force as an original act, yet as some pen- 
 sions are still drawn under it, and as it is referred to in subsequent 
 acts as a rule, it was deemed proper to retain it. 
 
 2. Pensions for service between the Revolution and the war of 1812. 
 
 3. From the war of 1812 to the Mexican war. 
 
 4. From the commencement of the Mexican war to the present time. 
 To ascertain the amount of pension to which any one above the 
 
 grade of a first lieutenant is entitled, you will consult the post Revo- 
 lutionary Pay Table at page 233, of a first lieutenant and inferior 
 grades, the rate of pension prescribed by the law given on page 95. 
 
PREFACE. Vll 
 
 III. Army and Militia Widows and Orphans. 
 
 Of these the laws passed from 1794 to 4th July, 1836, are admin- 
 istered at the office of the Third Auditor of the Treasury Department ; 
 those from 4th July, 1836, to the present time, by the Commissioner 
 of Pensions. This distinction has never been pointed out before, in 
 consequence of which omission applicants frequently refer their claims 
 to the wrong office, and are doubtless sometimes improperly informed 
 that they have no valid demand, because the clerk acting upon it is 
 ignorant of the existence of laws he is never called upon to execute. 
 To ascertain the rate of pension due under these laws, reference must 
 always be had to the Pay Table, at page 233. 
 
 IV. Navy Invalid Pensions, Pensions of Privateers and op 
 Marines of the Mexican War. 
 
 The Pay Table which governs the rate of pension under this and 
 the following title, will be found at page 235, except that the marines 
 of the Mexican war receive the same pension as corresponding ranks 
 in the army, given at pages 95 and 233. 
 
 V. Navy and Marine Widows' and Orphans' Pensions. 
 
 This is, undoubtedly, the most complicated and perplexed division 
 in the whole pension system ; but I trust that the arrangement I 
 have adopted will make it intelligible. The obscurity in which this 
 class of claims has been involved, has arisen from the fact that very 
 many of the acts on the subject not only continue pensions previously 
 granted, but at the same time originate and bring into existence a 
 new class. Such laws I have not only inserted under each head as 
 acts continuing the operation of the leading acts, but have again in- 
 troduced them as acts originating a new species of claims, so that it 
 will be easy to distinguish between those which simply authorize a 
 claimant to be put on the pension roll, those which merely allow her 
 to receive for a longer term a pension already granted her, and those 
 which may be used for the one purpose or the other, as occasion 
 demands. 
 
 VI. Bounty Land Laws, 
 
 Of which it is unnecessary to say more than is said under the pro- 
 per bead. 
 I have added 
 
 VII. Miscellaneous Rules, &c. 
 
 In the preparation of this work I have availed myself, not only of 
 the large experience I acquired while an examiner, and afterwards 
 Chief Clerk in the Pension Bureau, but of the facilities and the ad- 
 vice kindly afforded me by the Commissioner of Pensions, who has 
 long felt the want, both for his office and for the public, of something 
 of the kind, and whose appreciation of it may be found in the follow- 
 ing letter addressed by him to Hon. W. M. Churchwell, Chairman 
 of the Committee of Eevolutionary Pensions in the present House of 
 Representatives, published in the Daily Globe of the 5th August, 1854 : 
 
VUl PEEFACE. 
 
 Pension Office, July 12, 1854. 
 Sir :»— You have asked my opinion in regard to the compilation of 
 the Pension and Bounty Land laws, decisions of secretaries and opi- 
 nions of attorney-generals, now being made by F. F. C. Triplett, Esq., 
 of this city. I have examined several parts of this work, and have 
 had a general view of the whole, and I do not hesitate to say that 
 the compilation, when completed, will be of great merit and useful- 
 ness. It presents the various pension laws in such an aspect as to 
 give something of form and symmetry to our pension system, and 
 will make the administration of those laws more intelligible. It is, 
 in short, just such a work as the wants of the public demand, and 
 should be generally distributed. I think it deserves the patronage 
 of Congress. No member can serve his constituents better than to 
 place this work within their reach. This will enable them to under- 
 stand their rights, and to prosecute them without troubling their re- 
 presentative, as is now the general practice. It will also greatly 
 facilitate the transaction of business in this bureau, and make it more 
 uniform. I would commend this matter to your favourable consider- 
 ation, and remain your obedient servant, 
 
 L. P. WALDO. 
 
 POSTSCRIPT. 
 
 I omitted to insert in its proper place the act granting pensions to 
 the widows and minor children of those who perished in the San 
 Francisco ; and on the last night of the last session of Congrpss, after 
 this work had been in the hands of the stereotyper. Congress passed 
 some amendments to the acts of 1860, 1852, and 1853. These will 
 be found in an Appendix, in page 245 of this volume. 
 
NOTE. 
 
 The following decisions have been made under the 3d and 4th 
 Sections of the act relating to the army, printed in the Appendix 
 to this work. 
 
 Under Sec. 3. If the children have received the Land Warrant 
 to which their father's service entitled them, in consequence of an 
 existing second marriage on the part of her husband, she will have 
 no claim to another, though she may subsequently become a widow. 
 
 A woman successively married to several husbands, each of 
 whom rendered enough service to entitle him to a Land Warrant, 
 can claim a separate warrant for each such service. 
 
 Under Sec. 4. This section embraces all sailors — land forces 
 and mariners were before entitled — who served on shore in Califor- 
 nia during the existence of the Mexican war, giving to those who 
 served less than twelve months, forty acres ; to those who served 
 one year, one hundred and sixty acres. 
 
 As th^ words of this section comprise only such classes as were 
 provided for by the acts for " the enrollment of volunteers in the 
 Mexican war," and as these acts did not embrace commissioned 
 officers, it is doubtful whether such officers of the navy will be 
 admitted. 
 
TABLE OF CONTENTS. 
 
 PAKT I. 
 
 General Principles relating to all classes of Kevolu- 
 
 TioNARY Pensions page 5 
 
 Kevolittionary Pension Acts 13 
 
 1. For surviving officers and soldiers 13 
 
 Act op March 18, 1818, and Amendments 13 
 
 Act of May 15, 1828, and Amendments 16 
 
 Principles and Decisions under the Act of 1828 18 
 
 Act of June 7, 1832, and Amendments 19 
 
 Principles and Decisions under the Act of 1832 21 
 
 Form of Declaration and Regulations under the Act of 
 
 1832 23 
 
 General Principles relating to Pensions to Revolution- 
 ary Widows 29 
 
 2. Pension Acts for widows 32 
 
 Act July 4, 1836 _. 32 
 
 Principles and Decisions under Act of 1836 33 
 
 Declaration and Regulations under Act of 1836 34 
 
 Act of July 7, 1838, Continuations and Amendments... 37 
 
 Principles and Decisions 41 
 
 Declaration and Regulations 41 
 
 Act of February 2, 1848 42 
 
 Declaration and Regulations 42 
 
 Joint Resolution of July 1, 1848 43 
 
 Principles 43 
 
 Act of July 29, 1848 43 
 
 Declaration and Regulations 44 
 
 Act of February 3, 1853 44 
 
 Declaration and Regulations 44 
 
^ TABLE OF CONTENTS. 
 
 Continental Half-pay, to Officers page 45 
 
 Continental Commutation 45 
 
 Continental Half-pay, to Widows 45 
 
 Virginia Half-pay 47 
 
 Principles and Decisions "^ 
 
 Virginia Commutation 53 
 
 Organization of the Revolutionary Army •" 55 
 
 Revolutionary Militia 59 
 
 Military Acts relating to the several States 59 
 
 Revolutionary Pay Table 70 
 
 PART II. 
 
 Army Invalid Pensions 77 
 
 1. Invalids of the Revolutionary Army 77 
 
 2. For service between the Revolution and the War of 1812 81 
 
 3. From the War of 1812 to the Mexican War 87 
 
 4. From the Mexican War to the present time 92 
 
 5. To Cherokee Warriors 93 
 
 6. To Sea Fencibles 93 
 
 Principles and Decisions 94 
 
 Declaration and Regulations 102 
 
 PART III. 
 
 Akmy and Militia Widows' and Orphans' Pensions 107 
 
 1. Laws executed at the Third Auditor's Office 107 
 
 From 1794 to the War of 1812 107 
 
 From the War of 1812 to July 4, 1836 110 
 
 2. Laws executed at the Pension Office 114 
 
 From July 4, 1836, to the present time 114 
 
 Principles and Decisions 117 
 
 Declaration and Regulations 119 
 
 Commutation of Pension for Bounty Land 121 
 
 PART IV. 
 Navy Invalid Pensions 123 
 
 Of the Navy proper and Marines, 123 
 
 Of Privateers ^^26 
 
 Principles and Decisions _ ;i^28 
 
 Marines of the Mexican War 23g 
 
 Declaration and Regulations I39 
 
9 
 
 TABLE OF CONTENTS. 
 
 PART V. 
 
 Navy and Maeine Widows' and Orphans' Pensions page 141 
 
 Act of January 2, 1813, and continuations 141 
 
 Act of March 4, 1814, and continuations 145 
 
 Act of March 3, 1817, continuations and repeal 147 
 
 Act of March 3, 1837. continuation and repeal 148 
 
 Act of August 11, 1848 149 
 
 Navy and Marine Widows' Pension Acts 150 
 
 Act of June 28, 1832, and continuations 150 
 
 Act of June 31, 1834 151 
 
 Acts in Special Cases 152 
 
 1. Dartmoor Prisoners , 152 
 
 The Grampus 152 
 
 Principles and Decisions 153 
 
 Declaration 192 
 
 PART VI. 
 
 Bounty Land Laws 195 
 
 1. For officers and soldiers of the Revolution, who served 
 
 through the War 195 
 
 Declaration 197 
 
 2. For non-commissioned officers and soldiers of the war of 
 
 1812, who enlisted for 5 years, or during the War.... 198 
 
 Principles and Decisions 203 
 
 Declaration and Regulations 208 
 
 3. For non-commissioned officers and soldiers of the army, 
 
 and volunteers in the War with Mexico 209 
 
 4. For Marines and Ordnimce corps in the Mexican War.. 211 
 
 Principles and Decisions 212 
 
 Declaration and Regulations 220 
 
 5. For all officers and soldiers not included in the preced- 
 
 ing laws, who served in any war since 1790, and their 
 
 widows and minor children 223 
 
 Principles and Decisions 225 
 
 Declaration and Regulations 227 
 
 6. For militia and volunteer officers and soldiers who have 
 
 been paid for military services since the 18th June, 
 
 1812 231 
 
 Principles 231 
 
 General rules relating; to all Land Warrants 231 
 
■1 TABLE or CONTENTS. 
 
 PART VII. 
 
 Miscellaneous Rules, &c page 233 
 
 Pay Table of the Army 233 
 
 Pay Table of the Naty 234 
 
 Pay Table of Marines - 235 
 
 Application when a pension certificate is illegally withheld 235 
 
 Application when a pension certificate is lost : 236 
 
 Application for increase of pension 237 
 
 Application for transfer of payment of pension 238 
 
 Application at pension ofSce for payment of pension 238 
 
 Application for renewal of a lost land warrant 242 
 
 Assignment of land warrant 242 
 
 Assignment of location of land warrant 243 
 
DIGEST 
 
 PENSION AND BOUNTY LAND ACTS, &c. 
 
 PART I. 
 
 EEVOLUTIONAM PENSIONS. 
 
 GENERAL PRINCIPLES RELATING TO ALL CLASSES 
 OF REVOLUTIONARY PENSIONS. 
 
 No. L 
 Who may claim arrears of pension due to a deceased pensioner. 
 
 An act making provision for the payment of pensions to the widows or children of 
 pensioners, in certain cases, and for other purposes. 
 
 Sec. 2. And he it further enacted, That whenever any revolution- 
 ary 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. [Approved, March 2, 1839.] 
 
 An act making- provision for the payment of pensions to executors or administrators 
 of deceased pensioners in certain cases. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 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 children, to be by 
 him distributed among them in equal shares, and the same shall not 
 
 (5) 
 
6 REVOLUTIONARY PENSIONS. 
 
 be considered as a part of the assets of said estate, nor liable to be 
 applied to the payment of the debts of said estate, in any case what- 
 ever. 
 
 Sec. 2. And be it further enacted, That in case any pensioner 
 who is a widow, shall die, leaving children, the amount of pension due 
 at the time of her death shall be paid to the executor or administrator 
 for the benefit of her children, as directed in the foregoing section. 
 
 Sec. 3. And be it further enacted. That 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. [Approved, June 19, 1840.] 
 
 Where a pensioner died, leaving a widow, who also died without 
 demanding the pension due since the last semi-annual payment, her 
 executors or administrators are alone entitled. If he left no widow, 
 but several children, one of whom dies before the amount is paid, the 
 legal representatives of the deceased child are entitled to his share. 
 If he left neither widow nor child, his legal representatives are entitled. 
 
 [Opinion of Attorney-General, February 28, 1834.] 
 
 Where there is no child, payment cannot be made to the legal 
 representatives under the act of June 19, 1840. 
 
 [Secretary of War, April 21, 1845.] 
 
 The Act of June 19, 1840, applies to pensioners alone, and of pen- 
 sioners, to those only who should die after its passage. 
 
 [Secretary of the Interior, March 5, 1850.] 
 
 The second section of the Act of March 2, 1829, is repealed by 
 the Act of June 19, 1840, under which arrears of pension can only 
 be paid when the party dies " leaving children ;" if there be none, 
 the administrator has no claim. 
 
 [Opinion of Attorney-General, July 14, 1846.] 
 
 All question about the arrears of pension seems to be explicitly 
 disposed of by Congress, in the enactment to be found in the second 
 section of the Act of March 2, 1829. It is therein expressly declared 
 that, in case of the death of the widow, "the arrears of pension due 
 to the pensioner at the time of his death," shall be paid to his chil- 
 dren, and those arrears can only go into the hands of executors or 
 administrators in the cases where there are neither widows nor 
 
 children. [Secretary of War, July 18, 1844.] 
 
 A pensioner under the Act of June 7, 1832, was subsequently 
 admitted under that of July 5, 1832, and, according to the rule then 
 in existence, the pension ceased, and Avhat he had received as pension 
 was deducted frorn^ the half pay due him. After his death this rule 
 was reversed, it being- then decided that the same party might receive 
 both pension and half pay. His widow and his administrator each 
 claimed the pension that had been withheld under the erroneous rule 
 and it was decided that the case was controlled by the Act of March 
 2, 1829, under which the widow has the prior right. 
 
 [Secretary of War, in the case of Benjamin Field.] 
 
GENERAL PRINCIPLES. 
 
 No. 2. 
 
 Who may claim arrears of pension due a deceased revolutionary 
 officer or soldier, or widow, who had never been put on the pension 
 list. 
 
 While the fractions of a pension due between the last semi-annual 
 payment and the pensioner's death must, according to the Attorney- 
 General's opinion of February 28, 1834, be paid to the legal 
 representatives of the widow, if she survived him, yet arrears of pen- 
 sion, which had never been claimed or allowed in his lifetime, nor 
 claimed by the widow in hers, go to his children. 
 
 [Secretary of War, July 18, 1844.] 
 
 The Act of June 19, 1840, applies to pensioners alone, that is, to 
 those who had been actually in the receipt of a pension ; and of pen- 
 sioners, to those only who should die after its passage, not to those 
 who had died before. If the party have died before the date of that 
 act, or, if he had never received a pension, the arrears (if there be 
 no law directing their distribution), must go, under the common law, 
 
 to his or her representatives'. [Secretary of the Interior, March 5, 1850.] 
 
 One entitled to a pension dies, leaving three children, one of them 
 a married daughter ; this daughter dies, and then her husband, before 
 the pension is received ; the husband's administrator is entitled to the 
 married daughter's share. [Secretary of War, May 24, 1845.] 
 
 A claim was admitted two months after the death of the widow 
 preferring it, who left no child, nor had her husband left any but a 
 putative one; the amount was ordered to be paid to her administrator. 
 
 [Secretary of War, case of Ann Smith, N. Y.] 
 
 Arrears of pension cannot be paid over, where neither widow nor 
 
 children are in existence. [Secretary of the Interior, case of Benj. Wheeler.] 
 
 The Acts of 1828 and of 1832, are rather to be regarded as the 
 
 acknowledgment of a debt equitably due to the soldiers of the Eevo- 
 
 lution, than as conferring gratuitous pensions. 
 
 [Opinion of Attorney-General, February 3, 1834.] 
 
 There has heretofore been so little system in the administration of 
 the pension laws, that hardly anything in relation to them can be 
 regarded as definitively settled. The question, how far a pension 
 claim is to be considered as a vested right, transmissible to legal 
 representatives, has been decided in contrariant ways by successive 
 Secretaries ; the latest decision, and the one which now governs, being 
 that in the case of Benjamin Wheeler, in which the present Secretary 
 has ruled that this right descends no further than to the widow and 
 children. I have deemed it proper, however, to preserve all the 
 decisions on this and other mooted questions, without offering any 
 opinion of my own upon them. Others relating to this point will be 
 found under the various acts hereafter given. 
 
8 EEVOLUTIONAKT PENSIONS. 
 
 No 3, 
 The pension of a defaulter not to be withheld. 
 
 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. 
 
 Sec. 1. Be it enacted by the Senate and House of Representa- 
 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," ap- 
 proved the twenty-fifth of January, eighteen hundred and twenty- 
 eight, shall not be construed to authorize the pension of any pen- 
 sioner of the United States to be withheld. 
 
 [Approved, May 20, 1836.] 
 
 Since the passage of this act, money withheld under the act of 
 January 25, 1828, (which provides, " That no money hereafter 
 appropriated to any person, for his compensation, who is in arrears 
 to the United States, shall be paid him, until such person shall have 
 accounted for, and paid into the Treasury, all sums- for which he 
 shall be liable,") ought to be refunded to the pensioner. 
 
 [Opinion of Attorney-General, June 27, 1836.] 
 
 No. 4. 
 
 Oan an overpayment to a pensioner be retained out of his pension ? 
 
 Where a pensioner has been allowed more than his services entitled 
 him to, no portion of the money thus improperly paid him can be 
 retained on a readjustment of his pension. 
 
 [Opinion of Attorney-General, July 6, 1836.] 
 
 Except where the overpayment , has been obtained by fraud, the 
 allowance of a higher pension than the party's services entitled him 
 to, ought to be regarded as overpayment by mistake, constituting a 
 debt from the pensioner to the United States, and consequently, 
 under the equity of the Act of May 20, 1836, not to be retained 
 out of the pension properly due him. 
 
 [Secretary of War, March 13, 1837.] 
 Office of the ATTORNEY-GEtJEEAL, July 2, 1842. 
 
 SiK : In the matter of James Palmer's pension, considered as a 
 matter unprejudiced by previous decisions ii^ this oflSce 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 discovered evidence. I do not conceive there would 
 be, on general principles, any objections to setting off a demand of 
 the government agaijist a pensioner arising out of a separate cause. 
 (See Priddy vs. Rose, 3 Mer., 84, especially at p. 104.) But the 
 statute of 1836 (May 20) 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 collateral demand. It involves 
 merely an adjustment, on correct principles, of the very account on 
 
GENERAL PRINCIPLES. 9 
 
 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 teep what is enough to pay his whole claim, and yet 
 insist on having more ? 
 
 Thus stands the case between him, as creditor, and the govern- 
 ment, as debtor. But there is another view of the subject ; and that 
 is thh 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 : Pen- 
 sions are given to maintain decently a person entitled to public bounty 
 for past service, and have no reference whatever to any present rela- 
 tion 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 defalcations in disbursing officers, 
 and can, by no fair construction, be made to afi'ect 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, neminem alieno damno ditiorem 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. 
 
 H. S. LEGARE. 
 
 To THE Secretary of War. 
 
 Mr. Butler's opinion is still followed. 
 
 No. 5. 
 Special Acts. 
 One put on the pension list by a special act of Congress died be- 
 fore the passage of the Act ; his children are entitled. 
 
 [Opinion of Attorney-General, May 25, 1840.] 
 
 An Act of Congress places a person on the pension list at $80 
 per annum, "to be paid as other pensioners;" the pension com- 
 mences from the date of the Act. 
 
 [Secretary of War, case of George Rush, Va.] 
 
 No. 6. 
 Limitation. 
 The fourth section of the Act of March 3, 1845, making appro- 
 priations for the civil and diplomatic expenses of the Government, 
 (which provides " that no accounts which have been adjusted by the 
 accounting officers of the Treasury, shall be reopened without autho- 
 rity 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, feme covert or lunatic, and those within six years after 
 the removal of the disability : Provided, That this section shall not 
 apply to cases where special acts have passed or shall pass, for the 
 relief of individuals,") dpes not apply to an unallowed claim for a 
 pension. 
 
10 REVOLUTION' A !!Y PENSIONS. 
 
 If the pensioner, after being placed upon the pension list, shall 
 fail to apply for his semi-annual payments for six years, then his 
 claim is barred, and he must apply to Congress. The statute in such 
 cases begins to run from the time of his failing to apply for the 
 semi-annual payment, not from the date, of his certificate. 
 
 [Opinion of Attorney-General, April 23, 1845.] 
 
 Nor does this section apply to claims under the Act of July 5, 1832. 
 
 [Ibid.] 
 
 No. 7. 
 Effect of a legislative opinion on tlie validity of a claim. 
 
 ^ Attorneit-General's Office, March 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 Repre- 
 sentatives having done so again at the last session, after the executive 
 department had, more than once, maintained a different doctrine, 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 first of the two questions submitted, I 
 am very clear that, upon the ground included within the second 
 question, the claim should be liquidated. 
 
 REVERDY JOHNSON. 
 
 Hon. Thomas Ewing, Secretary of the Interior. 
 
 No. 8. 
 Within what time a case may he reopened after a Secretary's decision 
 
 on it. 
 A Secretary should not reopen a case which has been decided by 
 one of his«predecessors, unless in such time as a writ of error might 
 be had at common law, or a bill of review in equity ; that is, within 
 
 five years. [Secretary of the Interior, case of Mrs. Hodges.] 
 
 No. 9. 
 Inconsistent Offices. 
 
 Inconsistent offices, the duties of which could not be performed by 
 the same person at the same time, cannot be united in the allowance 
 
 of a pension. [Secretary of the Interior, case of Elisha Hubbard.] 
 
 No. 10. 
 
 Process where a certificate is illegally withheld from a pensioner. 
 Where a pensioner has pledged his certificate for a debt, the Se- 
 cretary should not issue a new one to him. But if satisfactory 
 
GENERAL PRINCIPLES. 11 
 
 evidence is adduced to show that it is in the hands of a third party, 
 and has been demanded and its delivery refused, payment should be 
 made without its production. 
 
 [Opinion of Attorney-Gencral, October 27, 1832.] 
 
 No. 11. 
 
 Evidence of service as a commissioned officer. 
 
 Service in a military grade which is usually held under a commis- 
 sion, even though the party never received one, or it did not date 
 back to the commencement of his service, entitles to the pension of 
 
 that grade. [Secretary of War, January 15, 1833.] 
 
 No. 12. 
 Proceeding where the claimant is insane, ^c. 
 
 On consultation with the Attorney-General, he is of opinion that, 
 in all cages 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 sufficient in those cases. 
 
 Let this be the rule. LEWIS CASS. 
 
 No. 13. 
 Desertion. 
 Desertion forfeits all rights to a pension. 
 
 [Secretary of War, June 27, 1843.] 
 
 Where a prisoner of war voluntarily went into civil employment 
 in the enemy's country, and remained there till the war was over, he 
 is to be regarded as a deserter, and consequently is precluded from 
 
 the benefit of the pension acts. [Secretary of War, August 31, 1840,] 
 
 No. 14. 
 
 May a declaration be made before a Justice of the Peace ? 
 
 When a Justice of the Peace is a member of a court of record, a 
 declaration made before him is sufBcient. 
 
 [Secretary of tlie Interior, July 10 and 13, 1849.] 
 
 A Justice of the Peace is a member of a court of record only while 
 
 the court is sitting. [Secretary of the Interior, case of Sarah Cox.] 
 
 The latter decision, which is the one now in force, overturns the 
 formei". 
 
 No. 15. 
 
 Rate of pension. 
 
 The rate of pension is to be based alone upon the pay allowed 
 
 by law. [Secretary of the Interior, April 4, 1849.] 
 
12 REVOLtTTIONARY PENSIONS. 
 
 No. 16. 
 Uvidence. 
 The fact that a party received Bounty Land from the State of 
 Georgia under its law granting land to those " who remained at home 
 and did their duty," &c., after the reduction of Savannah, is no evi- 
 dence of actual service. [Secretary of War, December 18, 1835.] 
 
 No. IT. 
 End of the Revolutionary war. , .v.c 
 
 The Revolutionary war ended in November, 1783. 
 
 [Secretary of War, case of Susanna Holbrook.] 
 
 On this subject, see the Organization of the Revolutionary Army 
 post. 
 
 No. 18. 
 WJiere administration on a pensioner s estate should he had. 
 
 Department of the Interior, September 12, 1849. 
 
 Sir : In the claim of the administrator of Mary Barbee, I am of 
 opinion that the letters of administration should be taken out at the 
 place of domicil of the deceased. 
 
 This is not only the course legally to be pursued, but is eminently 
 proper in the class of cases to which this belongs, as any other 
 would subject the department to liability to fraud and imposture. 
 Of course no imputation of this kind is expressed of the present case ; 
 but the rule is one, the observance of which should be enforced in all 
 cases. 
 
 In addition to the letter of administration taken out at the place 
 of the last domicil^ there must be strict proof that the person so 
 represented was the same whose husband performed this service or 
 drew the pension. If the place of her or his residence was changed 
 after he performed the service or died, being a pensioner, that must 
 also be proved, so as to leave no doubt of the personal identity. The 
 papers are herewith returned. T. EWING. 
 
 To the Commissioner of Pensions. 
 
 No. 19. 
 
 Pension Acts apply only to those living at their passage. 
 
 When any act or resolution passes, enlarging the operation of a 
 previous statute, it is held to apply only to officers, soldiers and 
 widows living at the date of its passage. For example : it was 
 decided that the A^t of July 4, 1836, did not embrace such widows 
 whose husbands were living at that date ; the resolution of July 7 
 1838, removed this restriction : if the husband was living July 4 
 1836, but died immediately after, and the widow died July 6, 1838 
 her children can claim nothing ; but if she died July 7, 1838 they 
 may claim, she having been otherwise entitled. 
 
EEyOLUTIONART PENSION ACTS. 13 
 
 REVOLUTIONARY PENSION ACTS. 
 
 FOR OFFICERS AND SOLDIERS OF THE REVOLUTION. 
 
 No. 1. 
 ACT OF MARCH 18, 1818. 
 
 An act to provide for certain persons engaged in the land and naval service of the 
 United States in the revolutionary war. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 of the United States of America in Congress assembled, That every 
 commissioned 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-com- 
 missioned 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 month 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 here- 
 tofore allowed him by the laws of the United States. 
 
 Sec. 2. And be it further 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 ser- 
 vice 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 the proceedings had thereon, to the Secretary for the 
 Department of War, whose duty it shall be, if satisfied the applicant 
 comes under the provisions of this act, to place such officer, musician, 
 
14 REVOLUTIONARY PENSIONS. 
 
 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 lay. 
 
 Sec. 3. And be it further enacted, That every pension, by virtue 
 of this act, shall commence on the day that the declaration under 
 oath or affirmation, prescribed in the foregoing section, 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 affirm falsely in the 
 premises, and be thereof convicted, shall suffer as for wilful and cor- 
 rupt perjury. [Approved, March 18, 1818.] 
 
 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 
 March 18, 1818. 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That no 
 person who 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 twenty, con- 
 tinue 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 ex- 
 cepted,) 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, 
 sale, 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 pro- 
 vide 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 ; 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 : ISTor 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 affirmation, certified by the clerk of the court 
 to which the said schedule was delivered, together with the opinion 
 
REVOLUTIONARY PENSION ACTS. 15 
 
 of the said court, also certified by their clerk, of the value of the 
 property contained in the said schedule : Provided, That, in every 
 case in which the pensioner may be insane, or incapable of taking an 
 oath, the court may receive the said schedule, without the aforesaid 
 oath or aiErmation, from the committee, or other person authorized 
 to take care of such person. 
 
 Sec. 2. And he itfurtJier enacted, That the original schedule and 
 oath or afiirmation shall be filed in the clerk's office of the court to 
 which the schedule and oath or affirmation aforesaid shall be exhi- 
 bited ; and any person who shall swear or affirm falsely in the pre- 
 mises, and be thereof convicted, shall sufi"er as for wilful and corrupt 
 perjury. 
 
 Sec. 3. And he 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 
 from the list of pensioners of the said act, the name of such person, 
 in case the said person 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 provi- 
 sions 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. [Approved, May 1, 1820.] 
 
 An act supplementary to the acts to provide for certain persons engaged in the land and 
 naval service of the United States in the revolutionary war. 
 
 Sec. 1. Be*it enacted hy the Senate and House of Representatives 
 of the United States of America in Congress assemhled, That the 
 Secretary of War be, and he is hereby authorized and required to 
 restore to the list of pensioners the name of any 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 March, one thousand eight hundred and eighteen, 
 if such person, so stricken from the list of pensioners, has heretofore 
 furnished, or hereafter shall furnish, evidence, in pursuance of the 
 provisions of said act, to satisfy the Secretary of War that he is in 
 such indigent circumstances as to be unable to support himself with- 
 out the assistance of his country, and that he has not disposed of, or 
 transferred, his property, or any portion thereof, with a view to ob- 
 tain a pension. 
 
 Sec. 2. And he 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 
 
16 REVOLUTIONAEY PENSIONS. 
 
 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 affirmation, and certificate, shall, by said judge or justice, 
 be produced in the court of which 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 contemplated 
 by the acts aforesaid. 
 
 Sec. 3. And 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 pen- 
 sions hereafter to be allowed, under the acts aforesaid, shall com- 
 mence from the time of completing the proof. 
 
 [Approved, Marcli 1, 1823.] 
 
 Although the act of 1818 and its supplemental acts are still in 
 legal existence, yet the act of June 7, 1832, being in all cases more 
 beneficial to those not yet placed on the pension list, no applications 
 are ever made under the former now, and it is deemed useless to 
 give any form or regulations relating to it. 
 
 No. 2. 
 ACT OF MAY 15, 1828. • 
 
 An act for the relief of certain surviving" officers and soldiers of the army of tlie 
 
 revolution. 
 
 Sec. 1. Be it enadted hy the Senate and Mouse 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 conti- 
 nental 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 March, one thousand eight hundred and 
 twenty-six, and to continue during his natural life : Provided, 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 
 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 officer is now entitled 
 shall cease after the passage of this act. 
 
EEVOLUTIONART PENSION ACTS. 17 
 
 Sec. 3. And he it further enacted, That every surviving non- 
 commissioned 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 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 transferable, 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. Ajid 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. [Approved, May 15, 1828. 
 
 [The resolution of October 21, 1T80, referred to in the first section 
 of this act, is in the following words : 
 
 Resolution — In Congress, October 2l, 1780. 
 
 Resolved, That the officers who shall continue in the service to the 
 end of the war, shall also be entitled to half pay during hfe, to com- 
 mence from the time of their reduction. 
 
 The resolution of May 15, 1778, referred to in the third section 
 of this act, is as follows : 
 
 That every non-commissioned military officer and soldier, who hath 
 enlisted, or shall enlist, into the service of these States, for and 
 during the war, and shall continue therein to the end thereof, shall 
 be entitled to receive the further reward of eighty dollars, at the 
 expiration of the war.] 
 
 Under the second section of this act, any money which the officer 
 had received as a pension was to be deducted from the amount to 
 which he now became entitled. Invalid pensioners were relieved from 
 this deduction by the following act : 
 
18 REVOLTTTIONARY PENSIONS. 
 
 An act to amend the act entitled "An act for the relief of certain surviving officers and 
 soldiers of the army of the revolution." 
 
 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 for the relief of certain 
 surviving oflScers and soldiers of the army of the revolution," ap- 
 proved 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. 
 
 [Approved, May 31, 1830.] 
 
 The preceding act relieved officers alone, an omission which was 
 supplied by the following : 
 
 An act to amend the act entitled " An act for the relief of certain surviving officers and 
 soldiers of the army of the revolution." 
 
 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," ap- 
 proved 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. 
 
 [Approved, July 14, 1832.] 
 
 PRINCIPLES AND DECISIONS UNDER THE ACT OF 1828. 
 No. 1. 
 
 This act includes only those who were embraced by the resolution 
 of October 21, ITSO. This resolution, as explained by the resolu- 
 tions of November 28, 1780, and January 17, 1781, extends to field 
 and line officers, major-generals, brigadier-generals, directors of the 
 hospital, chief physicians and surgeons of the army and hospital, 
 hospital physicians, surgeons, purveyors and apothecaries, and regi- 
 mental surgeons. All other staff-officers are excluded from it. 
 
 No. 2. 
 
 A surgeon, no matter what his actual pay may have been, cannot, 
 under this act, receive a greater pension than a captain of infantry — 
 $480 per annum. 
 
 No. 3. 
 
 The pension granted by the act has always been deemed a vested 
 right, payable, after the death of the party, first, to the widow; 
 next, to the children ; and, in default of these, to administrators or 
 executors. 
 
 No. 4. 
 
 The provisions of the act of May 31, 1830, (and, of course, of 
 
EETOLUTIOKAEY TEXSION ACTS. 19 
 
 July 14, 1832,) are altogether prospective, and do not authorize the 
 repayment of the invalid pension money ^vhich may already have 
 been deducted by the Department under the act of 1828. 
 
 [Opinion of the Attorney-General, June 10, 1830.] 
 
 FORM OF DECLARATION. 
 
 The form given under the act of June 7, 1832, may be used in 
 applications under this, changing, of course, the title of the act in 
 the declaration, and noting at the end whether the applicant ever 
 received, if an officer, his commutation ; if a non-commissioned officer 
 or private, his reward of eighty dollars. 
 
 No. 3. 
 ACT OF JUNE 7, 1832. 
 
 An act supplementary to the "Act for the relief of certain surviving officers and soldiers 
 
 of the revolution. 
 
 Sec. 1. Be it enacted hy 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 militia, at one or more terms, a period 
 of two years, during the war of the revolution, and who are not enti- 
 tled 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 full pay in the said line, according 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, but not less than six months, shall be autho- 
 rized to receive out of any unappropriated money in the treasury, 
 during his natural life, each according to his term of 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-one. 
 
 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 
 
20 EEVOLUTIONART PENSIONS. 
 
 at which the payments under this act shall commence, shall first be 
 deducted from such payment. 
 
 Sec. 3. And he it further enacted, That the pay allo-wed by this 
 act shall, under the direction of the Secretary of the Treasury, be 
 paid to the officer, non-commissioned officer, musician, or private enti- 
 tled 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 same 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 
 provisi-ons above mentioned ; and the pay which shall accrue there- 
 after, 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 semi-annual 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-commis- 
 sioned 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. 
 
 The second section of this act required the deduction of every 
 description of pension-money the party might have received, but the 
 following act excepted from this requirement invalid pensions : — 
 
 [Approved, June 7, 1832.] 
 
 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." 
 
 Sec. 1. Be it enacted by the Senate and Souse 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 revolu- 
 tion," 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. 
 
 [Approved, February 19, 1833.] 
 
REVOLUTIONARY PENSION ACTS. 21 
 
 PRINCIPLES AND DECISIONS UNDER THE ACT OF 1832. 
 
 No. 1. 
 
 Who may claim arrears under it. 
 
 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. 
 
 Sec. 2. And he it further 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 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 
 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. [Approved, July 4, 1836.] 
 
 If a soldier dies between March 4, 1831, and June 7, 1832, leaving 
 a widow, who also dies before June 7, 1832, the arrears go to his 
 
 children, not to hers. [Opinion of Attorney-General, April 13, 1847.] 
 
 No. 2. 
 Who are embraced hy it. 
 
 Its benefits are not confined to resident American citizens ; but are 
 extended to all who served in the revolutionary war the requisite 
 length of time, except foreign officers, that is, foreigners who held 
 commissions in the American service. 
 
 [Opinion of Attorney-General, October 27, 1832.] 
 
 A foreigner, commissioned and serving in the American army, is 
 entitled to a pension under this act. 
 
 [Secretary of War, case of P. S. Duponceau.] 
 
 This act does not embrace privateers. 
 
 [Opinion of Attorney-General, July 21, 1842.] 
 
 A pensioner under the act of 1828 may relinquish the 1)enefits of 
 that act and claim under this, if it be more beneficial to him. 
 
 [Opinion of Attorney-General, May 18, 1833.] 
 
 No. 3. 
 Pension regulated by length of service in each rank. 
 If an applicant served in two or more grades, his pension is not to 
 be computed for the whole time of his service according to the pay 
 received in the highest rank, unless that time amounted to two years. 
 What is lacking of that period shall be estimated by the pay he re- 
 ceived in the inferior grade. „ ,o«o 
 
 [Opinion of Attorney-General, October 27, 1632.] 
 
22 EEVOLUTIONART PENSIONS. 
 
 No. 4. 
 
 A pensioner cannot relinquish under the act of 1818 to claim under 
 the acts of June 7, 1832, and the 19th February, 1833. 
 
 Where an invalid pensioner of the revolution relinquished his in- 
 valid pension in order to obtain the benefit of the act of March 18, 
 1818, he cannot now, since the passage of the acts of June 7, 1882, 
 and of February 19, 1883, relinquish under the act of 1818, and 
 claim to be placed under the act of 1882, and at the same time to be 
 restored to the benefit of his invalid pension. By the terms " inva- 
 lid pensioners" and "invalid soldiers," Congress meant only those 
 who are now found on the invalid pension list, in which condition such 
 persons are not ; nor is there any provision for their being transferred 
 from the act of 1818 to the invalid roll. 
 
 [Opinion of Attorney-General, February .27, 1834.] 
 
 No. 5. 
 Imprisonment to be allowed as service. 
 
 Resolution in relation to the execution of an act supplementary to the act fer the relief 
 of certain surviving ofEcers and soldiers of the revolution.. 
 
 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, the time of imprisonment as 
 a prisoner of war shall be taken and computed as a part of the period 
 
 of service. [Approved, July 14, 1832.] 
 
 The time during which a party was on parole is also allowed. 
 
 No. 6. 
 Service in certain wars allowed to the definitive treaty of peace. 
 
 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." 
 
 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 Govern- 
 ment 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. [Approved, March a, 1833,] 
 
REVOLUTIONARY PENSION ACTS. 23 
 
 FORM OF DECLARATION AND REGULATIONS. 
 
 The following regulations have been adopted by the Secretary of 
 War, for carrying into effect the Act of Congress, passed June 7, 
 1832, entitled "An act supplementary to 'An act for the relief of 
 the surviving officers and soldiers of the Revolution.' " 
 
 This law has been construed to extend as well to the line as to 
 every branch of the Staff of the Army, and to include under the 
 terms " Continental Line," "State Troops," "Militia," and "Volun- 
 teers," all persons enlisted, draughted, or who volunteered, and who 
 were bound to military service. 
 
 Four general classes of cases are embraced in this law : 
 
 1. The Regular Troops. 
 
 2. The State Troops, Militia and Volunteers. 
 
 3. Persons employed in the Naval Service. 
 
 4. Indian Spies. 
 
 As rolls of the regular troops in the Revolutionary War exist in 
 this Department, all persons claiming the benefit of this law as officers, 
 non-commissioned officers, musicians, or privates, will, in the first in- 
 stance, make application by transmitting the following declaration, 
 which will be made before a Court of Record of the County where 
 such applicant resides. And every Court having by law a seal and 
 Clerk is considered a Court of Record; 
 
 DECLARATION. 
 
 In order to obtain the benefit of the Act of Congress of the 7th June, 1832. 
 
 State, Territory, or District of ) 
 
 County of ^ 
 
 On this day of personally appeared in open Court before the 
 
 Court of A. B. a resident of in the County of and 
 
 State, Territory, or District of aged years, who being first duly 
 
 sworn according to law, doth on his oath make the following declaration, in order to 
 obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. 
 
 That he enlisted in the Army of the United States in the year with 
 
 and served in the regiment of the line, under the following 
 
 officers : 
 
 [Here set forth the names and rank of the Field and Company Ofiicers ; the time he 
 left the service ; (and if he served under more than one term of enlistment, he must 
 specify the particular period, and rank and names of his ofiicers;) the town or county 
 and State, in which he resided when he entered the service ; the battles, if any, in which 
 he was engaged, and the country through which he marched.] 
 
 He hereby relinquishes every claim whatever to a pension or annuity, except the pre- 
 sent; and he declares that his name is not on the Pension Roll of any Agency in any 
 State, or (if any) only on that of the Agency in the State of 
 
 Sworn to and subscribed the day and year aforesaid. A. B. 
 
 [And then will follow the Certificate of the Court.] 
 
 And the said Court do hereby declare their opinion that the abovenamed applicant 
 was a revolutionary soldier, and that he served as he states. 
 
 I of the Court of '. do hereby certify, that the foregoing 
 
 contains the original proceedings of the said Court in the matter of the application of 
 for a pension. 
 
 In testimony whereof, I have hereunto set my hand and seal of office this 
 
 day of &c. 
 
 If, on examination of the proper record, the names of applicants, 
 making such declaration, cannot be found, they will receive detailed 
 
24 BEVOLUTIONARY PENSIONS. 
 
 instructions respecting the nature and form of the testimony they 
 must produce to secure their being placed on the Pension Roll. As 
 the presumption will, in such case, be against the applicants, m con- 
 sequence of the omission of their names in the muster-rolls, they will 
 be required to furpish^ as near as may be, the same evidence as has 
 heretofore been required by the regulations and practice adopted for 
 carrying into effect the act of Congress of March 18, 1818, and the 
 acts supplementary thereto ; with such relaxations as have been from 
 time to time sanctioned by the Department, on account of the rapid 
 decrease of the survivors of the Revolutionary Army, and the con- 
 sequent difficulty of procuring direct positive testimony in every case. 
 
 Whenever an officer or non-commissioned officer is now in the 
 receipt of a pension, he should make application^ if entitled to the 
 benefit of this act, by letter merely, setting forth his rank, and the 
 regiment, corps, or vessel, in which he served, and his present place 
 of residence. His pension certificate must accompany his letter. 
 
 In those cases where the applicants have once been on the Pension 
 Roll, under the act of March 18^ 1818, and have been dropped there- 
 from on accounj; of property, or from any other reason ; or where 
 application has been made under the act of May 15, 1828, and the 
 evidence of his service is in the Departments ; or having made appli- 
 cation and proof of service, and having been rejected, instead of the 
 above declaration, they will make a statement, setting forth, under 
 oath, their having been previously on the Pension Roll, and their 
 having been struck from the same, showing their rank, the regiment, 
 corps, or vessel, in which they served, their present place of residence, 
 and their place of residence when the first application was made, or 
 of their application under the act of May 16, 1828. 
 
 In* a case where a claimant may make personal application at this 
 Department, and can produce satisfactory proof of service, and of 
 hjs identity also, at the seat of government, he may -make his decla- 
 ration before a justice of the peace. 
 
 The case of the State Troops, yolunteers, and Militia, is different. 
 There are in the Department no rolls of the State Troops, except 
 those of Virginia. 
 
 Applicants who served in the State Troops of Virginia will be 
 required to produce the same proof as is prescribed for those who 
 served upon the Con(;inental Establishment. But, with respect to the 
 other State Troops and Militia, there is no record to advert to, and 
 no presumption to be rebutted. The nature of the case, therefore, 
 demands a different rule of proceeding. 
 
 Every applicant who claims a pe;nsion by virtue of service in the 
 State Troops, Volunteers, or Militia, except as is above provided, will 
 make and subscribe the following declaration : 
 
 DECT/ARATION. 
 In order to obtain the benefit of the Act of Congress, passed June 7, 1832. 
 
 State, Territory, or District of ) 
 
 Cttunty of ^ **• 
 
 •^^ *i3 day of personally appeared in open Court, before 
 
 the Court of now sitting, A. B., a resident of in the County of 
 
REVOLUTIONARY PENSION ACTS. 25 
 
 and State, Territory, or District of aged years, wlio being 
 
 first duly sworn according to law, doth on his oath, make the following declaration, in 
 order to obt£|jin the benefit of the act of Congress, passed June 7, 1832. 
 
 That he entered the service of the United States under the following named officers, 
 and served as herein stated : 
 
 [Here set forth the names and rank of the Field and Company officers ; the day (if 
 possible) and the month and year when the claimant entered the service, and the time 
 when he lefl the same ; (and, if under more than one engagement, he must specify the 
 particular periods, and the rank and names of his officers ;) the town, the county, or 
 State, in which he resided when he entered the service ; whether he was drafted, was a 
 volunteer or substitute ; the battles, if any, in which he was engaged ; the country 
 through which he marched; the continental regiments or companies with which he 
 served ; and the names of some of the regular officers whom he knew, together with 
 such further particulars as may be useful in the investigation of his claim ; and also, 
 if the facts be so, that he hag no documentary evidence, and that he knows of no person, 
 whose testimony he can procure, who can testify 1o his service.] 
 
 He hereby relinquishes every claim whatever to a pension or annuity, except the 
 present, and declares that his name is not on the Pension Roll of the Agency of any 
 State, or (if any) only on that of the Agency of the State of 
 
 Sworn to and subscribed the day and year aforesaid. C. D. 
 
 And then will be annexed the following certificate : 
 
 We, A. B., a clergjrman, residing in the and C. D., residing in (the 
 
 same,) hereby certify, that we are well acquainted with who has subscribed 
 
 and sworn to the above declaration : that we believe him to be years of age ; 
 
 that he is reputed and beUeved, in the neighborhood where he resides, to have been a 
 soldier of the Revolution, and that we concur in that opinion. 
 
 Sworn to and subscribed the day and year aforesaid. 
 
 And then will follow the certificate of the Court : 
 
 And the said Court do hereby declare their opinion after the investigation of the 
 matter, and afler putting the interrogatories prescribed by the War Department, that the 
 above named applicant was a Revolutionary Soldier, and served as he states. And the 
 
 Court further certifies, that it appears to them that A. B., who has signed 
 
 the preceding certificate, is a clergyman, resident in the and that C. D., 
 
 who has signed the same, is a resident in the and is a credible person, 
 
 and that their statement is entitled to credit. 
 
 I, clerk of the court of do hereby certify, that the fore- 
 going contains the original proceedings of the said court in the matter of the application 
 
 of for a pension. In testimony whereof, I have hereunto set my hand and 
 
 seal of office, this day of &c. 
 
 The form of the proceedings and of the certificates will be so 
 varied as to meet the case, when the declaration is made out of court, 
 before a judge, as heretofore provided for. 
 
 Every applicant will produce the best proof in his power. This is 
 the original discharge or commission ; but if neither of these can be 
 obtained, the party will so state under oath, and will then procure, 
 if possible, the testimony of at least one credible witness, stating, in 
 detail, his personal knowledge of the services of the applicant, and 
 such circumstances connected therewith as may have a tendency to 
 throw light upon the transaction. 
 
 If such surviving witness cannot be found, the applicant will so 
 state in his declaration, and he will also, whether he produce such 
 evidence or not, proceed to relate all the material facts which can be 
 useful in the investigation of his claim, and in the comparison of his 
 narrative with the events of the period of his alleged service, as they 
 are known at the Department. A very full account of the services 
 of each person will be indispensable to a favorable action upon his 
 
6. i 
 
 26 REVOLUTIONARY PEiSrSIOlfS. 
 
 case. The facts stated will afford one of the principal means of 
 corroborating the declaration of the applicant, if true, or of detecting 
 the imposition, if one be attempted; and unless, therefore, these are 
 amply and clearly set forth, no favorable decision can be expected. 
 All applicants will appear before some court of record in the county 
 in which they reside, and there subscribe and be sworn toone of the 
 declarations above provided, according to the nature of his case. 
 
 The court will propound the following interrogatories to all appli- 
 cants for a pension, on account of service in the Militia, State Troops, 
 or Volunteers : 
 
 1. Where and in what year were you born ?, 
 
 2. Have you any record of your age ; and, if so, where is it ? 
 
 3. Where were you living when called into service ; where have 
 you lived since the Revolutionary War ; and where do you now live ? 
 
 4. How were you called into service ; were you drafted, did you 
 volunteer, or were you a substitute ; and if a substitute, for whom ? 
 
 5. State the names of some of the Regular Officers who were with 
 the troops where you served ; such continental and militia regiments 
 as you can recollect, and the general circumstances of your service ? 
 
 f Did you ever receive a discharge from 
 To a Soldier. the service ; and if so, by whom was it given, 
 J and what has become of it ? 
 ' Did you ever receive a commission , and 
 To an Officer. if so, by whom was it signed, and what has 
 1^ become of it ? 
 
 7. State the names of persons to whom you are known in your 
 present neighborhood, and who can testify as to your character for 
 veracity, and their belief of your services as a soldier of the Revo- 
 lution. 
 
 The court will see that the answers to these questions are embodied 
 in the declaration, and they are requested to annex their opinions of 
 the truth of the statement of the applicant. 
 
 The applicant will further produce in court, if the same can be 
 done, in the opinion of the court, without too much expense and 
 inconvenience to him, two respectable persons — one of whom should 
 be the nearest clergyman, if one lives in the immediate vicinity of 
 such applicant — who can testify, from their acquaintance with him, 
 that they believe he is of the age he represents, and that he is reputed 
 and believed in the neighborhood to have been a revolutionary soldier, 
 and that they concur in that opinion. If one of these persons is a 
 clergyman, the court will so certify ; and they will also certify to the 
 character and standing of other persons giving such certificates. 
 
 The traditionary evidence of service is deemed very important, in 
 the absence of any direct proof, except the declaration of the party ; 
 and the courts are requested to be very particular in the inquiry 
 whether the belief is general, and whether any doubts have ever 
 existed upon the subject. To require from the applicants positive 
 proof of service from a contemporary survivor, would, after the lapse 
 of so many years, be to deprive many of them of the benefit of the 
 law; and, as no presumption is raised against the militia by the 
 
REVOLUTIONARY PENSION ACTS. 27 
 
 existence of rolls in the department, there is no good reason why this 
 requisition should be extended to them. On the other hand, to 
 receive the declaration of the parties, as a sufficient ground for 
 placing them upon the Pension Roll, without corroborating circum- 
 stances, -would be to open the Treasury to great frauds. A just 
 medium seems to present the best rule for carrying into effect the 
 objects of Congress. 
 
 If the two persons, whose certificates are required, cannot be pro- 
 duced in court, without too much inconvenience and expense to the 
 applicant, then the statement of the facts and opinions above men- 
 tioned will be made, under oath before some judge or justice of the 
 peace, and the certificate of the court to the situation and credibility 
 of the persons making the statement will be given. 
 
 Applicants unable to appear in court, by reason of bodily infirmity, 
 may make the declaration before required, and submit to the exami- 
 nation, before a judge or justice of a court of record of the proper 
 county, and the judge or justice will execute the duties which the 
 court is herein requested to perform, and will also certify that the 
 applicant cannot, from bodily infirmity, attend the court. 
 
 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 certifi- 
 cate of the Secretary of State or Territory, or of the proper clerk 
 of the court or county, under his seal of office, wiU be annexed, 
 stating that such person is a judge or justice of a court of record, or 
 a justice of the peace, and that the signature annexed is his genuine 
 signature. 
 
 3. Persons serving in the Marine forces. 
 
 4. Indian Spies. 
 
 Each of these two latter classes of cases will produce proof, as 
 nearly as may be, conformably to the preceding regulations, and 
 authenticated in a similar manner, with such variations as the differ- 
 ent nature of the service may require. 
 
 No payments can be made on account of the services of any person 
 who may have died before the taking effect of the act of June 7, 
 1832 ; and in case of death subsequent thereto, and before the decla- 
 ration herein required is made, the parties interested will transmit 
 such evidence as they can procure, taken and authenticated before a 
 court of record, showing the services of the deceased, the period of 
 his death, the opinion of the neighborhood respecting such services, 
 the title of the claimant, and the opinion of the court upon the whole 
 matter. 
 
 The declarant must appear in open court, unless prevented from 
 doing so by reason of bodily infirmity ; in which case the declarant 
 will follow the rule laid down for his guidance. 
 
 The declarant must take his declaration in the county where he 
 resides. If he should fail to do so, he must assign a sufficient reason 
 for not conforming to the rule. 
 
 The age of the claimant must invariably be mentioned. 
 
 The declarant must mention the period or periods of the war when 
 he served. 
 
28 REVOLUTIONARY PENSIONS. 
 
 Every continental officer or soldier must give the name of the 
 Colonel under -whom he served ; otherwise a satisfactory examination 
 of the claim cannot be had. Every claimant must state, with preci- 
 sion, the length of his service, and the different grades in which he 
 served, in language so definite as to enable the Department to deter- 
 mine to what amount of pension he is entitled. In a case where the 
 applicant cannot, by reason of the loss of memoi-y, state precisely 
 how long he served, he should amend his declaration by making an 
 affidavit in the following words : — 
 
 " Personally appeared :before me, the undersigned, a justice of the peace, &c., A. B., 
 who, being duly sworn, deposeth and saith that, by reason of did age, and the consequent 
 loss of memory, he cannot swear positively as to the precise length of his service, but 
 according to the best of his recollection, he served not less than the period mentioned 
 
 below, and in the following grades : For , years month's,and 
 
 days, I served as a For..... months and 
 
 days, served as a ; and for, such service I claim a 
 
 pension." 
 
 It is important, in all cases, to determine with precision the period 
 for which each applicant served, and the particular rank he held, as 
 the law directs the pension to be paid according to the grade of the 
 pensioner, and the length of his service. The use of the phrase about 
 three or four months, is too indefinite, and all such qualifying expres- 
 sions are objectionable. Some persons who apply for pensions merely 
 state that they served two years in the militia, &c., without specify- 
 ing the tours, the names of the officers, and other particulars respect- 
 ing their service. This form of a declaration is highly objectionable. 
 It must, in every case, be clearly shown under what officers the appli- 
 cant served ; the duration of each term of engagement ; the particular 
 place or places where the service was performed ; that the applicant 
 served with an embodied corps called into service by competent 
 authority ; that he was either in the field or in the garrison ; and for 
 the time during which the service was performed, he was not employed 
 in any civil pursuit. 
 
 The law makes the relinquishment- of all other pensions, except 
 invalid, indispensable. 
 
 The opinion of the court is always required. 
 
 The clerk must give his certificate in every case. 
 
 The clerk must affix his seal^ and if it has no 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. 
 
 Mode of authenticating 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 certifi- 
 cate 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. 
 
FOR EEVOLTITIONABT WIDOWS. 29 
 
 Proof of service. 
 
 In a case where the rolls of the service claimed are in existence, 
 and the name of the applicant is not found on the records of the 
 Department, he must prove his service by two credible witnesses, who 
 are required to set forth in their afiidavits the time of the claimant's 
 entering the service, and the time and manner of his leaving the 
 same, as well as the regiment, company, and line to which he 
 belonged. The magistrates who may administer the oaths must 
 certify % 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. 
 
 If the party who performed the service be dead, his widow, if he 
 left one, is entitled to the arrears. Her declaration varies from that 
 of the soldier only in describing herself as " the widow of A. B., who 
 entered the service of the United States under the following named 
 officers, &c." As the date of the marriage is not the gist of her 
 claim in such cases, this fact may be proved by common reputation. 
 
 If there be no widow, the children become entitled. In this case 
 the declaration may be made by all the children jointly, or by one 
 for the benefit of himself and the others, or by an administrator. 
 The exact day of the death of the ancestor on whose account the 
 claim is made must be proved by the oaths of two witnesses, whose 
 affidavits shall be set forth at length, and whose credibility shall be 
 certified to. In the same manner must be proved the names of all 
 the children of the deceased who are living at the time of the appli- 
 cation. It is preferred at the Pension Office that the application 
 should be made by an administrator, whose appointment as such must 
 be duly certified, together with a copy of hia official bond, the penalty 
 of which must be large enough to cover the amount of the pension to 
 be granted. 
 
 FOR EEVOLUTIONAEY WIDOWS. 
 
 GENERAL PRINCIPLES RELATING TO PENSIONS OP 
 REVOLUTIONARY WIDOWS. 
 
 No. 1. 
 Evide7ice of husband's service. 
 
 An act making appropriations for revolutionary and other pensions of the United 
 
 States, &c. 
 
 Sec. 2. And be it further enacted, That no widow entitled to a 
 pension under existing laws, and claiming a pension, whose husband 
 
30 EEYOLUTIONART PENSIONS. 
 
 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 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 case of the 
 deceased husband, the commissioner be satisfied that the pension was 
 properly granted. [Approved, May*7, 1846.] 
 
 This section was manifestly intended to facilitate the application 
 of widows for 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. 
 
 1. 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 evi- 
 dence 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 enjoyment 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 explanation by the applicant : the onus is on the 
 agents of the govenment to bring a case within the proviso. And to 
 the same effect is the provision of this section : " Nor shall any evi- 
 dence 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 v/idow. 
 
 I do not suppose that the clause can require more than an exami- 
 nation of the papers and records relating to the 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 mar- 
 riage between the applicant and the deceased in civil personal actions, 
 in a court of justice." The general rule is, " that in all civil per- 
 sonal actions except that for criminal conversation, general reputation 
 
FOE REVOLUTIONARY WIDOWS. 31 
 
 and cohabitation are sufficient evidence of marriage." (2 Starkie on 
 Evidence, part iv, page 939, and authorities cited; and 4 Burrows, 
 2057; 4 Johnson's N. Y. Rep., 52-3 — Fenton vs. Reed.) Under 
 this section, therefore, to establish 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 co- 
 habitation 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 incumbent on her to produce satisfac- 
 torj' 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 presump- 
 tive testimony, its date, as an incident, may be established by evi- 
 dence of the same character which in civil personal actions would 
 establish births, pedigrees, &C. [Opinion, Attorney-General, June 23, 1846.] 
 
 A joint resolution, roliitive to evidence in applications for pension. 
 
 Resolved, That in all cases where a pension may have been granted 
 to any officer or soldier of the revolution in his lifetime, the evidence 
 upon which such pension was granted shall be conclusive of the ser- 
 vice of such officer or soldier, in the application of any widow, or 
 woman w-ho may have been the wddow, of such officer or soldier, for 
 a pension ; and upon proof by her that she was married to any such 
 officer or soldier prior to January 1, 179-4, and that she is a widow, 
 she shall thereupon be placed upon the pension roll at the same rate 
 such officer or soldier received during his lifetime. 
 
 [Approved, July 1, 1848.] 
 No. 2. 
 
 Commencement of pension. 
 
 A woman married two revolutionary soldiers, the latter of whom 
 drew a pension under the act of June 7, 1832 ; she applies under the 
 act of July 4, 1836, on account of the services of her first husband ; 
 her pension shall commence'from IMarch 4, 1831, not being affected 
 by the fact that her second husband, for whose services she claims 
 nothino-, drew a pension during a portion of the time covered by hers. 
 
 *= ' [Secretary of War, July 24, 1834.] 
 
 No. 3. 
 Actual service required. 
 
 The law requires actual service on the part of the husband, for the 
 widow to found her claim to a pension upon, and consequently she 
 can claim nothing for the time he was a supernumerary. 
 
 [Secretary of tlie Interior, April 19, 1851.J 
 
32 EEVOLTJTIONARY PENSIONS. 
 
 A prisoner on parole is not in service in such a manner as to 
 authorize the allowance of a pension to his widow. 
 
 [Secretary of the Interior, case of Rebecca White.] 
 
 No. 4. 
 Pension claim a vested right. 
 
 A certificate of pension issued in the name of* widow after her 
 death ; she left no child, nor was any legitimate child of her husband 
 in existence ; the pension ordered to be paid to her administrator. 
 
 [Secretary of War, case of Ann Smith, N. Y.] 
 
 Although this decision is retained, and similar ones will be subse- 
 quently given, it must be remembered that the present rule confines 
 the distribution of arrears to children, holding that the claim lapses 
 to the government when there are none living. 
 
 No. 5. 
 Effect of a divorce. 
 
 A woman on her own application was divorced from her husband, 
 who subsequently became a pensioner; on his death, she applies as 
 his widow, on the ground that the divorce was technically illegal ; 
 held, that, even if it were competent for the Pension Ofiice to look 
 into such cases in order to ascertain the legality of the divorce, the 
 widow could not avail herself of the irregularities of her own appli- 
 cation. [Secretary of the Interior, case of Rachael Murry.] 
 
 No. i; 
 
 ACT OF JULY 4, 1836. 
 
 An act granting half pay to widows or orphans, where their husbands or fathers have 
 died of wounds received in the military service of the United States, in certain cases, 
 and for other purposes. 
 
 Sec. 3. And he 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 humdred 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 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 further enacted, That any pledge, mortgage 
 sale, assignment, or transfer of any right, claim, or interest in any 
 money or half pay granted by this act, shall be utterly void and of 
 no efi"ect ; each person acting for and in behalf of any one entitled 
 to money under this act, shall take and subscribe an oath, to be ad- 
 
FOR REVOLUTIONARY WIDOWS. 33 
 
 ministered 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 further 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. 
 
 [Approved, July 4, 1836.] 
 
 If the widow of a revolutionary soldier had married after his death, 
 this destroyed the condition of widowhood to him, and she could not 
 claim under this, though she were a widow at its passage, until the 
 following act : 
 
 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 ser- 
 vice of the United States, and for other purposes." 
 
 Sec. 1. -Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assejnbled, 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 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. [Approved, March 3, 1837.] 
 
 If the officer or soldier were living at the date of the passage of 
 this act, his widow cannot claim its benefits. 
 
 [Opinion, Attorney -General, April 13, 1837. 
 A resolution for the benefit of the widows of certain revolutionary officers and soldiers. 
 
 Resolved by the Senate and Souse of Representatives of the United 
 States of America in Congress assembled. That the benefits of the 
 third section of an act entited "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 who shall here- 
 after die, if said widow shall otherwise be entitled to the same. 
 
 [Approved, July 7, 1838.] 
 
 PRINCIPLES AND DECISIONS UNDER THE ACT OF 1836. 
 
 No. 1. 
 
 One not a widow at tne date of the act of June, 1832, 7nay claim when 
 
 she becomes a tvidow. 
 
 The third section of the act of July 4, 1836, embraces the widows 
 
 of officers and soldiers who were living at the date of the passage of 
 
 the act of June 7, 1832. [Opinion of Attorney-General, April 13, 1837.] ,, 
 
34 REVOLUTIONARY PENSIONS. 
 
 No. 2. 
 Ser pension claim a vested right. 
 
 " 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, espe- 
 cially 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. 
 
 I am of opinion that, 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 July 4, 1836, can only commence from the date of her husband's 
 death. This is evidently the general principle of the law; and by 
 this construction there will be no occasion to make deductions. 
 
 [Opinion of Attorney-General, April 13, 1837.] 
 
 The amount granted by this act vests in the widow; otherwise, 
 where -the money is undrawn, and the certificate even not issued at 
 her death, the pension would lapse into the Treasury. There being 
 no provision made by law for the disposition of arrears of pension, 
 the only authority for paying them over at all, even to children, 
 arises from the fact that the claim is a vested right. But the ordi- 
 nary line of distribution of a decedent's personal estate is broken, 
 and such direction given to the avails as would be most likely to 
 benefit those who were dependent on the pensioner, or of his blood. 
 Hence, where a widow has two sets of children, the arrears are to be 
 
 equally divided among them all. [Secretary of War, case of Knowlton.] 
 
 FORM OF DECLARATION AND REGULATIONS. 
 
 In order to carry into effect the act of Congress of July 4, 1836, 
 entitled "An act granting half pay to the widows or orphans, where 
 their husbands and fathers have died of wounds received in the mili- 
 tary service of the United States, in certain cases, and for other 
 purposes," the following rules have been prescribed by the President 
 of the United States, and adopted by the Secretary of War ; and 
 they are now published for the information of applicants under 
 that law. 
 
 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 com- 
 pany, and 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 
 
FOR REVOLUTIONARY WIDOWS. 35 
 
 court of record, setting forth, according to the best of her know- 
 ledge 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 county, and State, in 
 which he resided when he entered the service ; whether he was drafted, 
 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 no documentary evidence 
 in support of the claim. From the best sources of information evi- 
 dence must be derived as to the period of the death of the officer or 
 soldier. 
 
 2. The legality of the marriage, and the time when it took place, 
 must be clearly established. Record proof, as to the marriage, is 
 always required whenever it can be obtained. In a case where the 
 town, county, parish, 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 copy- 
 ing the 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 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 : 
 
 " I, A. B., 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. 
 
 "A. B., aerk of the , 
 
 {or rector, or pastor, as the case may le.) 
 
 "Sworn before me, C. D, Justice of the Peace." 
 
 And then will follow the certificate of the proper officer, under his 
 seal of office, as to the official character and signature of the magis- 
 trate 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. 
 
 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 re- 
 quired to be set forth in the claimant's declaration ; but she must 
 
36 REVOLUTIONART PENSIONS. 
 
 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 inves- 
 tigation of the claim of the widow. 
 
 5. Applicants unable to appear in court by reason of bodily infir- 
 mity, may make the declaration before a judge or justice 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 certifi- 
 cate 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 officCj 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, conformably to the preceding 
 regulations, and authenticated in a similar manner, with such varia- 
 tions as the different nature of the service may require. 
 
 DECLARATION 
 
 In order to obtain tJie benefit of the third section of the act of Congress 
 of the 4:th July, 1836. 
 
 State, Terkijory, or District } 
 
 of ] **• 
 
 On this day of , personally appeared 
 
 before the of the , A. B., a, resident of , 
 
 in the county of , and Sta.te, Territory, or District of , 
 
 aged years, who being first duly sworn accorfling 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 4, 1836 : That she is the widow of , 
 
 who was a [here insert 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 number four 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 ; 
 
 and that she has remained a widow ever since that period, — as will more fully appear 
 by reference to the proof hereto annexed. 
 
 Sworn to, and subscribed, on the day and year above written, before 
 
 If the widow had married a second time, in place of the last 
 paragraph, of the preceding declaration, the following should be 
 inserted : 
 
 She further declares that she was married to the said on the 
 
 day of ,17...; that her husband, the said ....0 , died on 
 
 the day of ; that she was afterward married to 
 
 who died on the day of ; and that she still remains a widow, as 
 
 will more fully appear by reference to the proof hereto annexed. 
 
FOR REVOLUTIONARY "WIDOWS. 3T 
 
 If the widow be dead, her children are entitled ; and with regard 
 to the manner of their application, the remarks foUqwing the form 
 of declaration and regulations under the aot of June 7, 1832, may 
 
 be consulted. 
 
 No. 2. 
 ACT OF JULY 7, 1838. 
 
 An act granting half pay and pensions to certain widows. 
 
 Sec. 1. Be it enacted by the Senate and Mouse of Representatives 
 of the United States of America in Congress assembled, That if any 
 person who served in the war of the revolution in the manner speci- 
 fied 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 ninety-four, 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 discon- 
 tinued. 
 
 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, under- 
 standing, 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 he it further 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. ' [Approved, July 7, 1838.] ^ 
 
 A woman cannot claim under this act if the husband for whose 
 services she claims was living on the 7th day of June, 1832. | 
 
 [Opinion of Attorney-General, May 31, 1842,] j 
 
 To repeal this disability the following act was passed : — 
 
38 EEVOLtTTIONART PENSIONS. 
 
 A resolution declarative of the pension act of July 7, eighteen hundred and thirty-eight. 
 Mesolved ly the Senate and House of Representatives of the 
 United States of America in Congress assembled, That the henefite 
 -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 of July, 
 eighteen hundred and thirty-eight, if otherwise entitled to the same. 
 
 [Approved, August 16, 1842.] 
 
 The marriage of the widow after the death of the husband for 
 whose services she claims, precludes her from the benefits of this act. 
 The act provides that if any person have died, leaving a widow. 
 Now, the second marriage destroys the relation of widowhood which 
 she had sustained to her first husband ; and when it is dissolved by 
 the death of the second husband, she is the widow of the latter, not 
 
 of the former. [Opinion of Attorney-General, September 18, 1838.] 
 
 Congress, in the following act, obviates this objection : 
 
 An act to amend the acts of July, eighteen hundred and thirty-six and eighteen hun- 
 dred and thirty-eight, allowing pensions to certain widows. 
 
 Sec. 1. Be it enacted ly 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. [Approved, August 23, 1842.] 
 
 Since the passage of the resolution of August 16, 1842, the pen- 
 sion of a widow under the act of July 7, 1838, commences from 
 March 4, 1836, although her husband may have drawn a pension 
 during a portion of the same time. 
 
 [Opinion, Attorney-General, September 2, 1842.] 
 
 This inconvenience was remedied by — 
 
 An act making appropriations for the payment of revolutionary and other pensioners 
 of the United States, for the fiscal year ending 30th June, 1845. 
 
 Provided, That no pension shall hereafter be granted to a widow 
 for the same time that her husband had received one. 
 
 [Approved, April 30, 1844.] 
 
 And this, again, was amended by the following joint resolution : — 
 
 A resolution explanatory of " An act making appropriations for the payment of revolu- 
 tionary and other pensions of the United States for the fiscal year ending the thirtieth 
 of June, one thousand eight hundred and forty-five." 
 
 Resolved by the Senate and House of Representatives of the United 
 States of America in Congress assembled. That the act entitled an 
 "An act making appropriations for the payment of revolutionary and 
 other pensions of the United States for the fiscal year ending on the 
 
FOE REVOLXJTIONAEY WIDOWS. 39 
 
 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. [Approved, January 23, 1845.] 
 
 Widow had been married before 1794 ; her husband died in 1839 ; 
 she died in 1845. She was not entitled under the act of July 7, 
 1838. The language of that act is, " if any person have died, leaving i, 
 a widow," &c. ; thus providing only for those who were widows at the 
 date of its passage. 
 
 The act of June 19, 1840,* does not bear upon the case. It 
 simply provides for the payment of arrearages of pension money 
 which shall have accrued at the death of a pensioner on a pension 
 already granted. 
 
 The act of August 23, 1842, merely secures the pension to a 
 widow who has married since the death of the husband for whose 
 service she claims, if she be a widow when she applies, though not 
 Tiia widow. 
 
 The joint resolution of July 1, 1848, was obviously intended, not 
 to declare the law, nor to grant a new class of pensions, but to esta- 
 blish a rule of evidence to be applied to pre-existing rights. It is 
 not, either in form or effect, declaratory. Its general language may 
 lead us to the supposition that the Legislature had an opinion as to 
 the then existing law which was clearly erroneous. But this opinion, 
 well enough implied from the language of the resolution, does not 
 affect the previously existing law, nor make that to be law which was 
 not law. Its incidental e'ffect may possibly be, to create, by implica- 
 tion, a new class of pensioners, never intended by Congress ; but if 
 it do, it must take its effect from its passage, and not prior thereto ; 
 and if any new rights are acquired under it, (which I am not pre- 
 pared to admit,) they vested in the beneficiaries on the day of its 
 passage, and not before. If it extend the benefit of the pension laws 
 to a new class of pensioners, it is to the living, not the dead. The 
 widow, having no rights in her lifetime, can transmit none to her 
 
 descendants. [Secretary of the Interior, case of Sarah White.] 
 
 This interpretation was corrected by the following — 
 
 Joint resolution explaining the acts of 7th July, 1838, 3d March, 1843, and 17th 
 
 June, 1844. 
 
 Resolved, &c.. That the benefits of the act of 7th July, 1838, 
 granting pensions for five years, of the act of 3d March, 1843, 
 granting pensions for one year, and of the act of 17th June, 1844, 
 enlarging the act of 3d March, 1843, for the term of four years, 
 to certain widows, shall not be withheld from any widow whose hus- 
 band died since the passage of either of said acts, if said widow shall 
 
 * This act is given under the head of General Principles relating to Revolutionary 
 Claims. 
 
40 EEYOLUTIONART PENSIONS. 
 
 be Otherwise entitled to the same : Provided, That no pension shall 
 be granted to a widow for the same time her husband received one. 
 
 [Approved, March 3, 1851.] 
 
 An act granting a pension to certain revolutionary soldiers. 
 
 8bc. 1. Be it enacted hy the Senate and Souse 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 oflScers and soldiers of the 
 revolution," and whose widow, in virtue of an act approved the 
 seventh day of July, eighteen hundred and thirtyreight, 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 six- 
 teenth 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 froin the fourth day of March, eighteen hundred 
 and forty-three, or during sueh portion of said term as said widow 
 shall survive, subject in all respects, however, to the rules, limi- 
 tations, and conditions, in and by said acts and resolutions made and 
 
 provided. [Approved, March 3, 1843.] 
 
 An act to continue the pension qf cerfain widows. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 of the United States of America in Congress assembled. That the 
 act granting pulsions 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 forty-four, 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 forty-three. 
 
 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. 
 
 [Approved, June 17, 1844.] 
 
FOR RE VOLUTION ART WIDOWS. 41 
 
 PRINCIPLES AND DECISIONS UNDER THE ACT OF JULY 7, 1838, &c. 
 
 No. 1. 
 Widows pensioned under the act of July 4, 1836, excluded from thi». 
 
 Widows pensioned under the act of July 4, 1836, are not -within 
 the equity of this act, and cannot claim its benefits. 
 
 [Opinion, Attorney-General, August 94, 1 838.] 
 
 No. 2. 
 Second marriage. 
 
 If the claimant had married a second husband, who was living 
 July 7, 1838, and he subsequently dies, she may, since the passage 
 of the act of August 23, 1842, claim under this act for the services 
 of her first husband. [Secretary of War, November 17, 1842.] 
 
 It will be perceived that under the act of July 7, 1838, the widow 
 was entitled to nothing if she had married after the death of the 
 husband for whose services she claims, unless she lived to August 23,- 
 1842 ; nor if the husband for whose services she claims lived after 
 June 7, 1832, unless she lived till August 16, 1842 ; nor if he sur- 
 vived the passage of the act of July 7, 1838, unless she lived till 
 March 3, 1851. 
 
 After the passage of the act of August 16, 1842, she was entitled 
 to a pension, commencing March 4, 1836, although her husband ' 
 might himself have drawn a pension after that date, until the passage 
 of the act of April 30, 1844 ; and, by the act of January 23, 1845, 
 even then, if her claim had been filed before said April 30. But 
 under the resolution of March 3, 1851, she cannot receive a pension 
 for any portion of the time her husband — that is, the husband for 
 whose service she claims — drew one, no matter when her claim was 
 filed. 
 
 This recapitulation has been deemed necessary to explain the efi"ect 
 of the many mutations this law has undergone. 
 
 The acts of 1843 and 1844 are simply continuations of that of 
 1838, granting no original pension whatever. No one is, conse- 
 quently, entitled under them or either of them who cannot claim 
 under the last-mentioned law. 
 
 FORM OF DECLARATION AND REGULATIONS. 
 
 The regulations given under the act of July 4, 1836, are equally ap- 
 plicable to this ; and the form of the declaration is the same, changing, 
 of course, the title of the act, the benefit of which is claimed, from 
 "July 4, 1836," to "July 7, 1838," and averring th^t the marriage 
 occurred, not before the last period of the service of the husband, 
 but before January 1, 1794. 
 
42 REVOLTmONARY PENSIONS. 
 
 No. 3. 
 ACT OF FEBRUARY 2, 1848. 
 
 An act makiiig further provisions for surviving vifidows of the soldiers of the revolution. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 of the United States of America in Congress assembled, That if any 
 person who served in the war of the revolution in the manner speci- 
 fied 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, from and after the fourth day of March, eighteen 
 hundred and forty-eight, 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, under the same rules, regulations, and restric- 
 tions 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 discon- 
 tinued. 
 
 Sec. 2. And be it further enacted, That such widows as have 
 been admitted by special acts of Congress to the benefit of the pen- 
 sion act approved the seventh day of July, one thousand eight hun- 
 dred and thirty-eight, or to the benefit of the act approved the seven- 
 teenth 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. [Approved, February 2, 1848.] 
 
 Widows whose husbands lived after June 7, 1832, are entitled un- 
 der this act. [Secretary of the Interior, June 6, 1850.] 
 
 FORM OF DECLARATION AND REGULATIONS. 
 
 These may be taken from those given under the act of July 4, 
 1836, with such alterations of title, &c., as are obvious. 
 
 Where, however, the widow lived till July 29, 1848, the applica- 
 tion is usually made under that act, as it is in some cases more 
 beneficial than this. 
 
 This act is therefore more frequently used as a continuation of the 
 acts of July 7, 1838, March 3, 1843, and June 17, 1844, than as an 
 original one. In such cases, the widow or her representative claims 
 the benefit of the three specified acts and of that of February 2, 1848. 
 
FOR EEVOLUTIONAET WIDO"W"S. 43 
 
 No. 4. 
 
 JOINT RESOLUTION OF JULY 1, 1848. 
 
 A joint resolution in relation to evidence in applications for pensions. 
 
 Resolved, &c., That in all cases where a pension may have been 
 granted to any ojSScer or soldier of the revolution, in his lifetime, the 
 evidence upon which such pension was granted shall be conclusive 
 of the service of such officer or soldier, in the application of any 
 ■widow, or woman who may have been the widow, of such officer or 
 soldier, for a pension ; and upon proof by her that she was married 
 to such officer or soldier prior to January the first, 1794, and that 
 she is a widow, she shall thereupon be placed upon the Pension Roll, 
 at the same rate that such officer or soldier received during his 
 
 lifetime. [Approved, July 1, 1848] 
 
 PRINCIPLES UNDER THE RESOLUTION OF JULY 1, 1848. 
 
 For some remarks on this resolution, see, ante, the Secretary's 
 decision in the case of Sarah White, under the act of July 7, 1838. 
 
 This resolution has so far been construed to be an original act as 
 to grant, from its date, the same pension to a widow which her hus- 
 band enjoyed, (she being already a pensioner under some of the 
 prior acts,) although that pension were greater than she was entitled 
 to under the act under which she originally claimed. Thus, under 
 the act of March 18, 1818, and May 1, 1820, the husband may have 
 dravm $96 per annum for a service of nine months as a private, 
 which under the act of June 7, 1832, would only have entitled him 
 to $30 per annum. The widows' acts heretofore given proffer to the 
 widow a pension equal to what the husband might have claimed under 
 the act of 1882, and consequently, for the same term on the part of 
 her husband, she, under the act of July 7, 1838, would only be 
 allowed the said sum of $30. But if her husband at his death was 
 drawing the $96, then she will be entitled to $30 a year up to July 
 1, 1848, and from that date during her life to $96. 
 
 No declaration is necessary in applying for this increase, a simple 
 suggestion of the facts, with evidence of the identity of the party ap- 
 plying for it, sufficing. 
 
 No 5. 
 ACT OF JULY 29, 1848. 
 
 An act for the relief of certain surviving widows of ofBcere and soldiers of the revolu- 
 
 tionary war. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representa- 
 tives 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 
 
44 EEyOLUTIONART PENSIONS. 
 
 continental line, State troops, volunteers, militia, or in the naval ser- 
 vice, in the revolutionary war with Great Britain, shall be entitled to 
 a pension during such widowhood, of ecjual amount per ainnum 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 pro- 
 visions of this act ; and no widow married after the first da,y of Janu- 
 ary, one thousand eight hundred, shall be entitled to receive a pension 
 under this act. 
 
 Sec. 2. And be it further enacted, That any pledge, mortg&ige, 
 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 attach- 
 ment, 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 widovs of revolutionary officers and 
 soldiers. 
 
 Sec. 3. And be it further enacted. That this act shall take effect 
 immediately. [Approved, July 29, J848.] 
 
 This act differs from the preceding ones, which give to the widow 
 the same benefits only that the husband, if living, could have claimed 
 under the act of June 7, 1832 (with the exception made by the reso- 
 lution of July 1, 1848), while this confers upon her all the rights he 
 could have had under any existing pension laws. 
 
 The regulations and form prescribed under the act of July 4, 1836, 
 may be used under this, mutatis mutandis. 
 
 No. 6. 
 ACT OF FEBRUARY 3, 1853. 
 
 An act to continue half pay to certain widows and orphans. 
 
 Sec. 2. And be it further enacted, That the widows of all officers, 
 non-commissioned officers, musicians, and privates, of the revolution- 
 ary army, who were married subsequent to January, Anno Domini 
 1800, shall be entitled to a pension in the same manner as those who 
 were married before that date. [Approved, February 3, 1853.] 
 
 DECISION UNDER THE ACT OF 1853. 
 Pensions under this act commence from the date of its passage. 
 
 [Secretary of the Interior, case of Mary Steele.] 
 FORM OF DECLARATION. 
 The regulations and form of declaration are the same with those 
 under the act of July 4, 1836, with the obvious change of the title 
 of the act applied for, and the date of marriage. 
 
HALF PAT AND COMMUTATION TO OFFICERS. 45 
 
 CONTINENTAL HALF PAY — TO OFFICERS. 
 
 Resolution — In Congress, May 15, 1778. 
 
 Resolved, unanimously, That all military officers commissioned by 
 Congress, who now are, or hereafter may be, in the service of the 
 United States, and shall continue therein during the war, and not 
 hold any office of profit under these States, or any of them, shall, 
 after the conclusion of the war, be entitled to receive annually, for 
 the term of seven years, if they live so long, one-half of the present 
 pay of such officer; provided, that no general officer of the cavalry, 
 artillery, or infantry, shall be entitled to receive more than the one- 
 half part of the pay of a colonel of such corps respectively ; and 
 provided that this resolution shall not extend to any officer in the 
 service of the United States, unless he shall have taken an oath of 
 allegiance to, and shall actually reside within some of the United 
 States. 
 
 Resolution — In Congress, October 21, 1780. 
 
 Resolved, That the officers who shall continue in the service to the 
 end of the war, shall also be entitled to half pay during life, to com- 
 mencfe from the time of their reduction. 
 
 Resolution — In Congress, January 17, 1781. 
 
 Resolved, That all officers in the hospital department and medical 
 staff, hereinafter mentioned, who shall continue in service to the end 
 of the war, or be reduced before that time, as supernumeraries, shall 
 be entitled to, and receive, during life, in lieu of half pay, the follow- 
 ing allowance, viz : — 
 
 The director of the hospital equal to the half pay of a lieutenant- 
 colonel. 
 
 Chief physicians and surgeons of the army and hospitals, and hos- 
 pital physicians and surgeons, purveyor, apothecary, and regimental 
 surgeons, each equal to the half pay of a captain. 
 
 CONTINENTAL COMMUTATION. 
 
 For the reasons set forth in the preamble to the following act, the 
 half pay promised by the resolution of October 21, 1780, was com- 
 muted into five years' full pay. 
 
 Resolution — In Congress, March 22, 1783. 
 
 On the report of a committee, consisting of Mr. Hamilton, Mr. 
 Dyer, and Mr. Bedford, to whom was referred a motion of Mr. Dyer, 
 together with the memorial of the officers of the army, and the 
 report of the committee thereon, Congress came to the following 
 resolutions : 
 
 1. Whereas, the officers of the several lines under the immediate 
 command of his excellency. General Washington, did, by their late 
 memorial, transmitted by their committee, represent to Congress that 
 the half pay granted by sundry resolutions, was regarded in an un- 
 favorable light by the citizens of some of these States, who would 
 prefer a compensation for a limited term of years, or by a sum in 
 
46 REVOLUTIONARY PENSIONS. 
 
 gross, to an establishment for life ; and did, on that account, solicit 
 a commutation of their half pay for an equivalent in one of the two 
 modes above mentioned, in order to remove all subject of dissatisfac- 
 tion from the minds of their fellow-citizens ; and whereas Congress 
 are desirous as well of gratifying the reasonable expectations of the 
 oiEcers of the army, as removing all objections which may exist, in 
 any part of the United States, to the principle of the half pay 
 establishment, for which the faith of the United States hath been 
 pledged; persuaded that those objections can only arise from the 
 nature of the compensation, not from any indisposition to compensate 
 those whose services, sacrifices and sufferings have so just a title to 
 the approbation and rewards of their country. 
 
 2. Therefore, resolved, That such officers as are now in service, 
 and shall continue therein to the end of the war, shall be entitled to 
 receive the amount of five years' full pay in money, or securities on 
 interest at six per ^ cent, per annum, as Congress shall find most con- 
 venient, instead of the half pay promised for life by the resolution of 
 the 21st day of October, 1780 ; the said securities to be such as shall be 
 given to other creditors of the United States : provided, it be at the 
 option of the lines of the respective States, and not of officers, indivi- 
 dually, in those lines, to accept or refuse the same ; and provided, also, 
 that their election shall be signified to Congress through the commander- 
 in-chief, from the lines under his immediate command, within two 
 months, and through the commanding officer of the southern army, 
 from those under his command, within six months, from the date of 
 this resolution : 
 
 3.. The same commutation shall extend to the corps not belonging 
 to the lines of particular States, and who are entitled to half pay for 
 life, as aforesaid ; the acceptance or refusal to be determined by 
 corps, and to be signified in the same manner, and within the same 
 time, as above mentioned : 
 
 4. That all officers belonging to the hospital department, who are 
 entitled to half pay by the resolution of the 17th day of January, 1781, 
 may, collectively, agree to accept or refuse the aforesaid commutation, 
 signifying the same through the commander-in-chief, within six 
 months from this time : that such officers as have retired at different 
 periods, entitled to half pay for life, may, collectively, in each State 
 of which they are inhabitants, accept or refuse the same ; their ac- 
 ceptance or refusal to be signified by agents authorized for that pur- 
 pose, within six months from this period : that with respect to such 
 retiring officers, the commutation, if accepted fcy them, shall be in 
 lieu of whatever may be now due to them sincft.the time of their re- 
 tiring from service, as well as of what might hereafter become due ; 
 and that so soon as their acceptance shall be signified, the superin- 
 tendent of finance be, and he is hereby, directed to take measures 
 for the settlement of their accounts accordingly, and to issue to them 
 certificates, bearing interest at six per cent. That all officers entitled 
 to half pay for life, not included in the preceding resolution, may 
 also, collectively, agree to accept or refuse the aforesaid commutation, 
 signifying the same within six months from this time. 
 
HALF PAT TO WIDOWS, &C. 47 
 
 Resolution — In Congress, March 8, 1785. 
 
 Resolved, That the officers who retired under the resolve of the 31st 
 of December, 1781, are equally entitled to the half pay or commuta- 
 tion, with those officers who retired under the resolves of the 3d and 
 21st October, 1780. 
 
 HALF PAY TO WIDOWS. 
 
 Resolution — In Congress, August 24, 1780. 
 
 Resolved, That the resolution of the 15th day of May, 1778, grant- 
 ing half pay for seven years to the officers of the army who should 
 continue in service to the end of the war, be extended to the widows 
 of those officers who have died, or shall hereafter die, in the service ; 
 to commence from the time of such officers' death, and continue for 
 the term of seven years ; or, if there be no widow, or in case of her 
 death or intermarriage, the said half pay be given to the orphan 
 children of the officer dying as aforesaid, if he shall have left any ; 
 and that it be recommended to the Legislatures of the respective 
 States to which such officers belong, to make provision for paying the 
 same, on account of the United States : 
 
 That the restricting clause in the resolution of May 15th, 1778, 
 granting half pay to the officers for seven years, expressed in these 
 words, viz : " and not hold any office of profit under these States, or 
 any of them," be, and is hereby, repealed. 
 
 Half pay and commutation do not in strictness fall properly under 
 the head of Pension, nor is there any law in existence providing for 
 their payment ; the only redress which one to whom they are due has, 
 being in an application to Congress. Yet for obvious reasons it was 
 deemed proper to include the resolutions relating to them in this 
 Digest. 
 
 YIRGINIA HALF PAY. 
 
 An act to provide for liquidating and paying certain claims of the State of Virginia. 
 
 Sec. 1. Be it enacted ly the Senate and House of Representatives 
 of the United States of America in Congress asseniiled, 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 
 
48 REVOLUTIONAEY PENSIONS. 
 
 and thirty-nine thousand five hundred and forty-three dollars and 
 sixty-six cents. 
 
 Sec. 2. And he 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 amoifnt 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 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 representa- 
 tives 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 regi- 
 ment commanded by the late Colonel George Gibson, the amount 
 of the judgments which they have obtained, and which are now un- 
 satisfiedi. 
 
 Second. To the officers, or their legal tepresentatives, of the regi- 
 ment 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 regi- 
 ments of Colonels Clark and Crockett, and Captain Eogers's troop 
 of cavalry, who were employed in the Illinois service, the amount of 
 the judgments which they have obtained, and which are now un- 
 satisfied. 
 
 Fourth. To the officers, or their legal representatives, serving in 
 the regiment of State artillery commanded by the late Colonel Mar- 
 shall, 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 un- 
 satisfied. 
 
 Sec. 3. And be it further enacted, That the Secretary of the Trea- 
 sury 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. 
 
 [Approved, July 5, 1832.] 
 
 The following are the acts of the Virginia Legislature giving the 
 half pay which is assumed by this act : — 
 
VIRGINIA HALF PAY. 49 
 
 An act concerning officers, soldiers, sailors and marines 
 All general officers of the army, being citizens of this Common- 
 wealth, and 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 defence of the United States; 
 and all chaplains, physicians, surgeons, and surgeons' mates, appointed 
 to the said battalions, or any of them, being citizens of this Com- 
 monwealth, and not being in the service of Georgia or of any other 
 State, provided Congress do not make some tantamount provision for 
 them, who shall serve henceforward, or from the time of their being 
 commissioned, until the end of the war ; and all such officers who 
 have or shall become 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 com- 
 mence from the determination ^of their command or service. 
 
 [May Session, 1779. 10 Henning's Statutes at large, page 25.] 
 An act putting the eastern frontier of this Commonwealth into a posture of defence. 
 
 And whereas experience has evinced the great utility of marines, 
 Be it enacted, That a body of three hundred men be recruited for 
 that purpose, to be commanded by five captains and fifteen lieutenants, 
 the said captains and subalterns to be appointed by the executive. 
 And he it further enacted, That the said captains, together with the 
 subalterns, and all other commissioned officers in the service of the 
 navy, the master, surgeon, and surgeon's mate, shall be entitled to 
 the same pay and rations, the same privileges and emoluments, and 
 rank in the same degree with officers of the like rank belonging to 
 regiments heretofore raised for the internal defence of this State. 
 [May Session, 1780. 10 Henning's Statutes at large, p. 298.] 
 
 An act to adjust and regulate the pay and accounts of the officers and soldiers of the 
 Virginia line or continental establishment, and also of the officers, soldiers, sailors, 
 and marines, in the service of the State, and for other purposes. 
 
 Sec. 10. And whereas, by the reduction of the battalions and 
 corps in the State service, a considerable number of officers have 
 become supernumerary ; Be it enacted. That a return of all the State 
 officers shall be made to the next Assembly, wherein the corps, the 
 rank of each officer, the date of his commission, the number of men 
 at first raised in each corps, number of men when reduced, and time 
 when reduced, shall be particularly specified by the executive ; and 
 the executive are hereby empowered and required to set on foot 
 proper enquiries to discriminate such officers as by unworthy conduct, 
 or by any means whatever, be thought unfit to be considered as enti- 
 tled to half pay. 
 
 Sec. 13. And he it further enacted. That the same indulgences 
 and advantages given to the State infantry, shall be and are hereby 
 given to the officers and soldiers of the State cavalry, and on the 
 same terms. 
 4 
 
50 EEYOLFTIONART PENSIONS. 
 
 Sec. 14. And be it further enacted, That the officers and seamen 
 of the navy, of this State, as they stand arranged by a late regula- 
 tion, shall be entitled to the same advantages as the officers belonging 
 to this State in the land service, agreeable to their respective ranks. 
 
 November Session, 1781. 10 Henning's Statutes at large, p. 467.J 
 PRINCIPLES AND DECISIONS UNDER THE ACT OF JULY 5, 1832. 
 
 No. 1. 
 A naval officer on parole to the close of the war entitled. 
 
 An officer of the Virginia State navy during the war of the revo- 
 lution, who was taken prisoner in April, 1781, and remained a pri- 
 soner of war on parole, unexchanged, till the close of the war, is 
 entitled to half pay for life. 
 
 [Markhara's Administrator vs. Commonwealth, 1 Leigh's Reports, p. 516.] 
 
 No. 2. 
 
 When half fay in such case commences. 
 
 The general exchange of prisoners took place in May, 1783, from 
 which time the half pay in such case must commence. C^''-] 
 
 No. 3. 
 
 Interest not allowed. 
 
 -Officers of the State navy, entitled to half pay for life, are not to 
 be allowed interest onit. [lb.] 
 
 No. 4. 
 
 Limitations. 
 
 The act of limitations does not apply to claims for half pay, nor 
 does the lapse of time (from 1783, when the claim accrued, to 1826, 
 when it was asserted), under the circumstances of the case, afford 
 presumption of payment, or of abandonment of the claim. [Ib-l 
 
 Claims under the act of July 5, 1832, are not affected by the 
 fourth section of the act of March, 1845, making appropriations for 
 the civil and diplomatic expenses of the government. 
 
 [Opinion of Attorney-General, April 22, 1845.] 
 
 No. 5. 
 
 Supernumeraries. 
 
 An officer of the State navy of Virginia, who became supernume- 
 rary before the close of the revolutionary war, and continued so to 
 the end thereof, is entitled to half pay. 
 
 [Commonwealth vs. Lilly's Administrator, 1 Leigh, p. 525.] 
 
 An officer of the Virginia line, or State establishment, during the 
 revolution, who became supernumerary after the passing of the act 
 of May, 1779, but before the end of the war, and so continued till 
 its close, is entitled to half pay for life. 
 
 [Commonwealth vs. Marston's Administrator, 9 Leigh, p. 36.] 
 
VIRGINIA HALF PAY. 51 
 
 Three judges against two decided that when a Virginia officer in 
 the Continental establishment became supernumerary before May, 
 1779, and did not again enter the service, he was not entitled to half 
 
 pay. [Tatem's Executor vs. Commonwealth, 9 Leigh, p. 56.] 
 
 If an officer in the State service became supernumerary before the 
 act of May, 1779, he was not entitled to the benefit of the provisions 
 
 of that act. [Marston's case, 9 Leigh, 36; and Tatem's case, same, 56.] 
 
 No. 6. 
 
 May be recovered against Virginia. 
 
 The act of July 5, 1832, authorizing the settlement of claims of 
 officers in the State service of Virginia, for half pay, at the Treasury 
 of the United States, is no reason for denying the settlement of such 
 claims at the Treasury of Virginia, or for her courts refusing the 
 adjudication of them. 
 
 [Commonwealth vs. Marston's Administrator, 9 Leigh, 36.] 
 
 No. 7. 
 
 Resignation must he proved. 
 
 It is shown that Marston was in service in 1782. It cannot be 
 presumed that at that late period he resigned his commission ; and if 
 the commonwealth relied upon that point, the burden of proof would 
 be on her. [^b.] 
 
 No. 8. 
 
 What bars the claim. 
 
 Officers who have accepted the commutation of five years' full pay 
 in lieu of half pay for life, are not entitled now to claim the latter 
 under the act of July 5, 1832. ♦ 
 
 [Opinion of Attorney-General, March 21, 1833.] 
 
 The representatives of an officer who, in his lifetime, obtained 
 judgment against Virginia for the commutation of five years' full 
 pay, and was paid, cannot claim under this act. 
 
 [Opinion of Attorney-General, June 2, 1847.] 
 
 The benefit of the act of July 5, 1832, cannot be claimed by one 
 who has obtained judgment against Virginia for half pay. 
 
 [Secretary of the Interior, case of Isaac Holmes.] 
 
 An officer who elected to receive commutation, cannot now apply 
 for half pay. [lb]- 
 
 No. 9. 
 Citizenship of Virginia — When required. 
 
 No general officer of the army, chaplain, physician, surgeon, or 
 surgeon's mate, who was not a citizen of Virginia, was entitled under 
 her half pay laws. Field officers, captains, and subalterns, who com- 
 manded in the Virginia continental or State lines, and all such offi- 
 cers who became supernumerary on the reduction of any of said 
 battalions, and who, if required, again entered the service m the 
 same, or a higher grade, and continued therein till the end of the war, 
 
52 REVOLUTIONARY PENSIONS. 
 
 ■were entitled, although they might not have been citizens of that 
 State. Nor was such citizenship necessary to entitle captains and 
 subalterns and all the commisaioned officers of the navy, or master 
 
 surgeons and surgeon's mates. o isocn 
 
 [Opinion of Attorney-General, February 9, 1836.] 
 
 No. 10. 
 
 To whom arrears are to he paid. 
 
 The moneys payable under the third section of the act of July 5, 
 
 1832, like those payable under the second section of the same act, 
 
 are to be paid to the legal representatives, who cannot be required to 
 
 show that there is either heir or creditor in existence. 
 
 [Opinion of Attorney-General, October 24, 1836.] 
 
 The assent of the heirs is not requisite to the payment of money 
 under this act to the legal representatives. 
 
 [Secretary of War, March 5, 1836.] 
 
 No. 11. 
 Decision of Virginia Court is binding. 
 A decision rendered by the Court of Appeals in Virginia, relating 
 
 to a half pay claim, is binding on the department. 
 
 •^ [Secretary ofWar, May 16, 1833.] 
 
 No. 12. 
 Salf pay dependent on actual rank. 
 
 The cases of Peter Moore and Samuel B. Green — appeals from 
 the decisions of Coh 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 recognized 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 prede- 
 cessors in office. By these decisions I am bound. I can discover 
 no new evidence to change, in any essential way, the characters 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 heutenancy, 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 inge- 
 nious argument of the Hon. Mr. Davis should prevail — that a military 
 commission descends upon the next in rank, hy operation of law, as 
 land descends upon the heir on the death of the ancestor. In this 
 way, the officer, instead of a commission, would have to carry about 
 him the statute law of Virginia and the rules of descent of military 
 
VIRGINIA COMMUTATION. 53 
 
 commissions. The actual possession of the commission is the one essen- 
 tial thing ; but the mere claim to it is a very different matter, and 
 cannot be overlooked in the administration of our pension laws. 
 
 [Secretary of War, July 6, 1844.] 
 
 No. 13. 
 
 Pension does not bar. 
 
 The reception of a pension under the act of 1828, or that of 1832, 
 does not preclude the party from the benefit of the act of July 5, 
 
 1832. [Secretary of War, June 15, 1844.] 
 
 No. 14. 
 
 Line and Staff Officers united. 
 
 One who was both ensign and paymaster became supernumerary 
 as paymaster, and continued to serve as ensign to the end of the war ; 
 he is entitled to half pay for life in both grades. 
 
 [Secretary of the Interior, May 14, 1850.] 
 
 An officer is entitled to half pay, not only for his rank in the line, 
 
 but in the staff also. [Secretary of the Interior, January 27, 1852.] 
 
 Half pay has not been allowed in Virginia for staff rank, when the 
 officer was not in actual service in that rank at the time he became 
 
 supernumerary. [Secretary of the Interior, case of Isaac Holmes.] 
 
 VIRGINIA COMMUTATION. 
 
 Whereas, doubts have arisen whether certain officers hereinafter 
 described have a right to the compensation of half pay ; for the 
 removal of such doubts, Be it enacted hy the General Assembly, That 
 the same compensation of half pay should be extended to those offi- 
 cers of the State line, who continued in actual service to the end of 
 the war, as was allowed to the officers of the continental line, and 
 also to those who become supernumerary, and being afterwards 
 required, did again enter into actual service, and continue therein to 
 the end of the war ; any act or acts to the contrary in any wise not- 
 tvithstandin c'. [Henning's Statutes, December 16, 1790.] 
 
 As the officers of the continental line had a provision of five years' 
 full pay made them in compensation for the half pay for life which 
 had been promised them by Congress, the courts of Virginia decided 
 that the officers of the State line might demand this commutation in 
 their own cases under the act ; and this is the basis of the Virginia 
 commutation. 
 
 The act of July 5, 1832, assumes the payment of half pay claims, 
 
 but not of commutation claims. 
 
 [Opinion of Attorney -General, April 8, 1844.] 
 
54 REVOLUTIONAEY PENSIONS. 
 
 An act to continue the Office of Commissioner of Pensions. 
 
 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 15th day of May, 1828, 
 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 trans- 
 ferred to, and made the duties of the Secretary of War, from and 
 after the first day of June next. [Approved, March 3, 1835.] 
 
 An act inaking appropriitions for the civil and diplomatic expenses of the government 
 for the year ending the 3d day of June, 1849, and for other purposes. 
 
 A portion of the first section of this act is in the following 
 words : — 
 
 For repayment to Virginia of money paid by that State, under 
 judgment of her courts against her, to revolutionary officers and sol- 
 diers, and their representatives, for half pay' and commutation of 
 half pay, a sum not exceeding $81,273'17 : Provided, however. That 
 the agent of said State shall first deposit authenticated copies of 
 the acts or judgments under which the money was paid by the State 
 
 of Virginia. [Approved, August 12, 1848.] 
 
 DECISIONS. 
 
 Under the Virginia act of 1790, commutation claims are provided 
 for. And since Mr. Taney's decision, of March 31, 1833, that they 
 were not embraced in the act of July 5, 1832, Congress has recog- 
 nized them by the acts of March 3, 1835, and of August 12, 1848, 
 and they should now be paid under the act of July 5, 1832, as inter- 
 preted by said acts. [Opinion of Attorney-General, March 27, 1849.] 
 
 Officers of the State navy are not entitled to commutation. 
 
 [Markham's Administrator vs. Commonwealth, 1 Leigh, p. 516.] 
 
 Officers in the State service, who continued in actual service till 
 the end of the war, were entitled, to demand commutation of five 
 years' full pay, with interest from the end of the war, in lieu of half 
 pay for life ; but officers who became supernumerary before the end 
 of the war, could only claim half pay for life, not the commutation. 
 
 [Commonwealth vs. Marston's Administrator, 9 Leigh, 56. ] 
 
 In 1850, a resolution of inquiry with regard to the payment pf 
 • certain commutation claims was introduced into the House of Repre-* 
 sentatives of the United States, and since this time the Department 
 of the Interior has refused to act upon them. 
 
 FORMS. 
 
 There is no specified form of declaration under the act of July 5, 
 1832. That under the act of 1832 may be taken as the model for 
 one under this, or the party may make his statement in his own 
 language, taking care accurately to describe the character of the 
 service, the regiment, &c. 
 
ORGANIZATION OF THE REVOLUTIONARY ARMT. 65 
 
 ORGANIZATION OF THE REVOLUTIONARY 
 
 ARMY. 
 
 Congress adopted the army raised in the Northern States after 
 the Lexington affair on the 19th of April, 1775, and elected George 
 Washington Commander-in-Chief. (June 15, 1775.) 
 
 He is authorized to keep such a force in Massachusetts as he may 
 deem necessary, not to exceed 22,000 men. (July 21, 1775.) 
 
 Ten companies of riflemen to be raised for one year. (June 14 
 1775.) "^ ^ 
 
 A body of forces, not to exceed 5000, to be kept in the New York 
 Department. (July 25, 1775.) 
 
 New Jersey to raise two battalions for one year. (October 9 
 1775.) '' ^ 
 
 Pennsylvania to raise one battalion for one year. ("October 12. 
 1775.) ^ 
 
 A company of matrosses to be raised for defence of Hudson's 
 river. (October 28, 1775.) 
 
 The new army before Boston to consist of 20,372 men, oiBcers 
 included. Officers now in service to be preferred, and the enlistment 
 to be to December 31, 1776. South Carolina to keep up three bat- 
 talions, and Georgia one, on continental pay. (November 4, 1775.) 
 The two battalions of North Carolina taken into continental pay 
 for one year from this date. (November 28, 1775.) 
 
 The regiment of artillery to consist of one colonel, two lieutenant- 
 colonels, two majors and twelve companies, with the several company 
 officers. (December 2, 1775.) 
 
 Pennsylvania to raise four more battalions, and Delaware one. 
 (December 9, 1775.) 
 
 Pennsylvania to raise one more. (January 3, 1776.) 
 A battalion of Canadians to be raised under Colonel James Living- 
 ston. (January 8, 1776.) 
 
 One thousand more Canadians t% be formed into one regiment of 
 four battalions. (January 2, 1776.) 
 
 Two battalions to be formed of the troops now in Canada ; one to 
 be raised in New Hampshire ; one in Connecticut ; and one in New 
 York. (January 8, 1776.) 
 
 Another battalion to be raised in New Jersey. (January 10, 
 1776.) 
 
 Another in North Carolina. (January 16, 1776.) 
 A regiment to be raised by Massachusetts ; one by New Hamp- 
 shire, and one by Connecticut ; and a regiment of artillery by Mas- 
 sachusetts, for Canada. These exclusive of the thirteen battalions 
 for the army at Boston. (January 29, 1776.) 
 
 Captain Nelson's independent company of riflemen received, and 
 ordered to Canada. (January 30, 1776.) 
 
 Another regiment had been raised by General Arnold in Canada. 
 (February 17, 1776.) 
 
56 EEVOLFTIONART PENSIONS. 
 
 New York, New Jersey, Pennsylvania, Delaware, and Maryland, 
 put into one military department ; Virginia, North Carolina, South 
 Carolina, and Georgia, into another. (February 26, 17T6.) 
 
 A company of artillery to be raised under Captain Arandel. Cap- 
 tain Woolverton's taken into continental pay. (March 19, 1776.) 
 
 St. Aulaire to raise an independant company of rangers in Canada. 
 (March 21, 1776.) 
 
 North Carolina may raise one or two more battalioiis a't continental 
 expense. (March 26^ 1776.) 
 
 Lieutenant-Colonel Dugan to raise three hundred rangers. (March 
 28, 1776.) 
 
 The riflemen to be re-enlisted for two years. (April 15, 1776.) 
 
 The two Rhode Island battalions taken into continental pay. 
 (May 11, 1776.) 
 
 Five battalions now in Massachusetts, and three additional bat- 
 talions, taken into continental pay, (the three for the Eastern Depart- 
 ment.) One battalion more for New Hampshire. (May 14, 1776.) 
 
 Massachusetts and Connecticut to enlist their men for two years, 
 if possible. (May 15, 1776.) 
 
 Virginia to raise a battalion of riflemen. (May 18, 1776.) 
 
 One battalion of Germans to be raised. (May 25, 1776.) 
 
 One battalion of artillery, two of foot, and two of rifl^emen, now in 
 the service of South Carolina, taken into continental pay ftom the 
 time they were raided. (June 18, 1776.) 
 
 New York to raise a regiment for three years or during' the War. 
 June 21, 1776.) 
 
 A regiment of rifleiiien under Cblonel Stevenson to be raised for 
 three years. (June 27, 1776.) 
 
 The German battalion is to serve three years; (June 27, 1776.) 
 
 Colonel Dubois to raise a regiment to serve three years, to be 
 officered by those who have served in Canada. (June 26, 1776.) 
 
 Colonel S. Warner to raise a regiment on the same terms. (June 
 26, 1776.) 
 
 Georgia to raise one battalion of foot, one of rifles, and tWo com- 
 panies of artillery. (July 5, 17'P6.) 
 
 Wm. Kelsay's independent (New Jersey) company taken into con- 
 tinental pay. (July 6, 1776.) 
 
 One battalion for defence of western frontiers to be raised in 
 Pennsylvania. (July 15, 1776.) 
 
 John Doyle to raise a company of riflemen for three years. 
 (July 16, 1776.) ^ 
 
 Woelper's company to be added to the German battalion. (July 
 17, 17760 ^ ^ 
 
 The South Carolina battalion of rangers taken into continental 
 pay, and Georgia to raise a similar one. (July 24, 1776.) 
 
 Maryland to raise two battalions for the war. (August 17, 1776.) 
 
 Six coinpanies to be raised in Northumberland, and two in West- 
 moreland, Pennsylvania, for the war. (August 23, 1776.) 
 
 Eighty-eight battalions to be raised for the war. (September 16» 
 1776.) ^ ' * 
 
ORGANIZATION OF THE REVOLUTIONARY ARMT. 57 
 
 Whitecombe to raise two companies of artillery. (October 15, 
 
 Non-commissioned officers and soldiers may enlist either for the 
 war or for three years. (November 12, 1776.) 
 
 A regiment of artillery to be raised in Virginia. (November 26, 
 
 Ottendorf to raise one company of hunters and two of light infan- 
 try. (December 5, 1776.) 
 
 _ General Washington to raise and officer sixteen battalions, (in ad- 
 dition to the eighty-eight battalions already ordered by Congress,) 
 three thousand light-horse, three regiments of artillery, and a corps 
 of engineers. (December 27, 1776.) 
 
 An independent company to be raised in Lancaster for three years 
 or during the war. (January 18, 1777.) 
 
 One also at Kittaning. (January 22, 1776.) 
 
 Another artillery company to be raised in Georgia. (February 
 6,1777.) s K J 
 
 An independent company to be raised and stationed at Lewis- 
 town. (April 4, 1777.) 
 
 A corps of invalids to be formed. (June 20, 1777.) 
 
 Proctor's corps and Bull's State regiment transferred by Pennsyl- 
 vania to the United States. (Before July 19, 1777.) 
 
 The States, except Georgia, to fill up their regiments with militia, 
 which shall serve nine months. (February 26, 1778.) 
 
 General Washington may employ a body of Indians, not exceed- 
 ing four hundred. (March 4, 1778.) 
 
 Armand's independent corps taken into continental pay. (June 
 25, 1778.) 
 
 The infantry for the next campaign to consist of eighty battalions. 
 (March 9, 1779.) 
 
 The infantry for the next campaign to consist of 35,215 men. All 
 the men whose service does not expire before the last of next Sep- 
 tember, shall be counted as part of the quotas to be furnished by 
 their respective States. (February 9, 1780.) 
 
 Georgia to furnish one battalion of infantry and one regiment of 
 horse. (February 11, 1780.) 
 
 Such of the sixteen additional battalions raised by General Wash- 
 ington — under the resolution of December 27, 1776 — as have not 
 been annexed to the line of some particular State, and all the light 
 corps, horse and foot, and the German battalion, to be reduced ; the 
 non-commissioned officers and privates annexed to the troops of 
 their respective States ; and such of them as do not belong to any 
 particular State, to be annexed to such corps as the commander-in- 
 chief shall direct. The regular army, from and after the first of 
 January next, to consist of four regiments of cavalry or light dragoons ; 
 four of artillery ; forty-nine of infantry, exclusive of Hazen's ; and one 
 of artificers. The States to select from the line of the army a proper 
 number of officers to command their respective regiments. To fill 
 up their regiments with war's men, if possible, but if a sufficient 
 number cannot be '^^tnined before the first of December next, the 
 
58 REVOLUTIONARY PENSIONS. 
 
 deficiency to be supplied with men enlisted for one year, if not sooner 
 relieved by war's men. (October 3, 1780.) 
 
 Instead of four regiments of cavalry, there shall be four legionary 
 corps, each consisting of four troops of mounted and two of dis- 
 mounted dragoons. There shall be two partizan corps, each consist- 
 ing of three troops of mounted and three of dismounted dragoons. 
 All to be enlisted for the war. (October 21, 1780.) 
 
 The States -to supply the deficiencies of their troops, called for by 
 the foregoing resolutions, with men enlisted for the war, or for three 
 years, by the first of March next, calculating the deficiency upon the 
 men whose terms expire then. (December 10, 1781.) 
 
 A corps of thirty pioneers to be raised in the South for one year. 
 (March 26, 1782.) 
 
 The supernumerary junior lieutenants in each regiment to be 
 reduced (under resolve of October 21, 1780,) to ten, and to retire, 
 in the main army, by first of June next ; in the southern army, by 
 first of July, unless they accept stafi" appointments, when .they shall 
 receive no pay but that belonging to their rank in the line. (April 
 23, 1782.) 
 
 The non-commissioned officers and soldiers, including those prison- 
 ers with the enemy, belonging to the respective States, to be so 
 arranged as to form complete regiments ; the junior regiments, for 
 this purpose, being incorporated with the senior, and the excess to 
 be formed into complete companies. When the officers cannot agree 
 as to who shall retire, the juniors shall do so. The retiring officers 
 to retain their rank, and be called into service as deficiencies occur. 
 This arrangement to take efiect on the first of January next. (Au- 
 gust 7, 1782.) 
 
 The time of the war's men does not expire till the ratification of 
 the definitive treaty of peace ; but the commander-in-chief may grant 
 them furloughs or discharges, as he sees fit. (April 23, 1783.) 
 
 When the frontier posts shall be evacuated by the enemy, the 
 commander-in-chief to place in them as many of the three years' men 
 as he thinks proper. (May 12, 1783.) 
 
 Commander-in-chief to grant furloughs to the war's men and the 
 eighteen months' men in North Carolina, who shall be discharged 
 when the definitive treaty of peace shall be ratified. (May 26, 
 1783.) 
 
 All the troops' in Pennsylvania and south of it, except at Fort 
 Pitt, to be diseharged. (October 29, 1783.) 
 
 Definitive treaty of peace signed at Paris, September 3, 1783. 
 
 Ratified by Congress, January 14, 1784. 
 
 The quotas furnished by the various States, and the militia ordered 
 by Congress from them, with many particulars not thought necessary 
 to be included in this abstract, will be found by reference to the 
 synopsis of the military acts of the Continental Congress relating- to 
 them. 
 
REVOLUTIONARY MILITIA — MILITARY ACTS. 59 
 
 REVOLUTIONARY MILITIA. 
 
 The militia and State troops, during the Revolution, were under 
 the orders of the several States to which they belonged, and the 
 laws relating to them are to be found in the Acts of their respective 
 Legislatures. Sometimes, however, Congress called upon certain 
 States for militia, in addition to their continental contingents, and 
 these calls will be found in the synopsis relating to them. The 
 following are general requisitions, relating to more than one State : — 
 
 For the militia furnished in defence of Rhode Island by New 
 Hampshire, Massachusetts, Connecticut, and Rhode Island, see 
 J. C. (August 7, 1778.) _ _ ■ 
 
 Volunteer light-horse, not exceeding 500, to be raised in the States 
 from Virginia to Georgia, inclusive, to serve during the present cam- 
 paign. (August 7, 1780.) 
 
 The Maryland militia, sent by Maryland to General Washington, 
 shall not have less than thirty-six privates to the company. (Janu- 
 ary 21, 1777.) 
 
 Every militia company, consisting of not less than thirty-six nor 
 more than fifty privates, shall be entitled to no more than two com- 
 missioned ofiScers ; between fifty and sixty-eight, to three ; of sixty- 
 eight or more, to four. Every battalion of 500 or more privates, to 
 three field officers ; between 300 and 500, to a lieutenant-colonel and 
 a major ; between 150 and 300, to a lieutenant-colonel or major. 
 (March 21, 1777.) 
 
 MILITARY ACTS 
 
 RELATING TO THE SEVERAL STATES DURING THE 
 REVOLUTIONARY WAR. 
 
 CONNECTICUT. 
 
 To send a strong reinforcement to the garrisons of Ticonderoga 
 and Crown Point, (May 31, 1775.) Its troops now stationed at 
 Greenwich, Stamford, and adjacent parts, to march to New York, 
 (June 16, 1775.) All its forces, not employed at Ticonderoga and 
 Crown Point, to march to Boston, (June 19, 1775.) To complete its 
 quota before Boston, and to send thither the 1400 men lately voted 
 by its Legislature, (July 19, 1775.) To raise one battalion for Ca- 
 nada, (January 8, 1776.) Another battalion for Canada, (January 
 
60 REVOLUTIONARY PENSIONS. 
 
 29, 1776.) To hold its militia ready to march to New York, (March 
 15, 1776.) Such of its militia at New York as can be spared, to be 
 discharged, (April 11, 1776.) To furnish 1500 militia for Canada, 
 (June 1, 1776.) To furnish 5500 militia for the army at New York, 
 (June 3, 1776.) To send two regular battalions to Canada, and a 
 battalion of militia to Boston, (June 17, 1776.) To send all the 
 militia it can spare to New York, (July 16, 1776.) Its light horse 
 served the last campaign, (February 7, 1777.) To furnish eight 
 battalions for the War, or for three years, (Septiember 16, 1776.) To. 
 furnish militia to serve in the northern department till the last of 
 November, (August 5, 1777.) To furnish and keep in Rhode Island' 
 its quota for defence of that State, (January 13, 1778.) To furnish 
 eight battalions of regulars, and fill them up with militia engaged for 
 nine months, which shall rendezvous at Fishkill, (^February 26, 1778.) 
 General Gates may call out its militia for defence of the Hudson, 
 (April 15, 1778.) General Washington may call out its militia, 
 (July 11, 1778.) To furnish eight battalions for the next campaign, 
 (March 9, 1779.) To keep its quota in New Jersey, according to the 
 resolution of a committee appointed by New Hampshire, Connecticut, 
 and Massachusetts, which met at Springfield on the 30th July, 1777, 
 (May 7, 1779.) To furnish for the next campaign 3238 men, (Feb- 
 ruary 9, 1780.) To furnish five regiments of infantry and two of 
 cavalry for the war, by the 1st of January next, (October 3, 1780,) 
 To furnish militia for defence of Rhode Island, (July 7, 1781.) 
 
 DELAWARE. 
 
 To raise one battalion, (December 9, 1775.) Two companies to be 
 stationed at Lewistown, (April 3, 1776.) These two companies had 
 an engagement with the Roebuck, (before April 12, 1776.) Thirty- 
 five men to be stationed at False Cape, (May 2, 1776.) To furnish 
 600 militia for a flying camp, who shall serve to 1st December, (June 
 3, 1776.) Her flying ca'mp troops to march to Philadelphia, (July 4, 
 1776.) Delaware battalion ordered to New Jersey, (August 5, 1776.) 
 To furnish one battalion for the war, or three years, (September 16, 
 1776.) An independent company to be raised and stationed at Lewis- 
 town, (April 4, 1777.) To furnish one battalion and fill it up with 
 nine months' militia, who shall rendezvous at camp, (February 26, 
 1778.) M'Lane's company, late of Patton's battalion, to be incor- 
 porated with the Delaware battalion, (December 16, 1778.) To fur- 
 nish one battalion for next campaign, (March 9, 1779.) To furnish 
 405 men for the next campaign, (February 9, 1780.) To furnish, by 
 1st January next, one battalion of infantry for the war, (October 3, 
 1780.) To raise one battalion of infantry and one corps of horse 
 from its militia, to join the army, and serve three months, (May 31. 
 1781.) ' 
 
 GEORGIA. 
 
 To raise one battalion to serve to 31st December, 1776, (Novem- 
 ber 4, 1775.) To raise two additional battalions, (one of rifles,) on 
 the same terms with the rest of the army, and two companies of ar- 
 
MILITARY ACTS. 61 
 
 tillery, (July 5, 1776.) To raise a battalion of rangers, (July 24, 
 1776.) To assist South Carolina against the Cherokees, (July 30, 
 1776.) To furnish one battalion for the war, or three years, (Sep- 
 tember 16, 1776.) To raise another artillery company, (February 6, 
 1777.) Colonel White's battalion returning to Georgia, (October 8, 
 1777.) To aid South Carolina with its militia, which shall be kept 
 in the field five months, if necessary, (September 25, 1777.) To fur- 
 nish one battalion for the next campaign, (March 9, 1779.) The four 
 Georgia battalions to be re-formed, so as only to make two, (January 
 8, 1780.) The officers of the gallies and light dragoons to be re- 
 garded as supernumeraries under this re-formation, (Ibid.) To furnish 
 one battalion of infantry and one of horse for the next campaign, 
 (February 11, 1780.) General Gates may call out so many of its 
 militia as he deems necessary, (June 14, 1780.) To furnish, by 1st 
 January next, one regiment of infantry for the war, (October 3, 
 1780.) 
 
 MARYLAND. 
 
 To raise two companies of riflemen for one year, (June 13, 1775.) 
 Its militia ordered to Accomac and Northampton, (before March 26, 
 1776.) To furnish 3400 militia for the flying camp, who shall serve 
 to 1st December next, (June 3, 1776.) To raise two companies of 
 riflemen for Colonel Stevenson's regiment, who shall serve three years, 
 (June 27, 1776.) To raise four companies for the German battalion ; 
 her flying camp troops to march to Philadelphia, (July 4, 1776.) To 
 raise two battalions for the war, (August 17, 1776.) To furnish eight 
 battalions for the war, or three years, (September 16, 1776.) Its 
 militia to join General Washington, (January 21, 1777.) To send 
 artillery and militia to suppress the tories in Somerset and Worcester, 
 (February 1, 1777.) Colonel Buchanan to march to the same point, 
 (February 6, 1777.) Requested to lend its companies of artillery to 
 the continent, (October 20, 1777.) To raise militia to guard the 
 prisoners at Fort Frederick, (February 18, 1778.) To furnish eight 
 regiments, with the German battalion, and fill them up with nine 
 months' militia, to rendezvous at camp, (February 26, 1778.) General 
 Washington may call out so many of its militia, and for such time, 
 as he deems proper, (April 4, 1778.) Three hundred of the Eastern 
 Shore militia to march to Delaware, (April 23, 1778.) To furnish 
 eight battalions for the next campaign, (March 9, 1779.) To furnish 
 3238 men for the next campaign, (February 9, 1780.) To furnish, 
 by the 1st January next, five regiments of infantry, (October 3, 1780.) 
 To raise of its militia, two battalions of infantry and a corps of 
 cavalry to join the army, and serve three months, (May 31, 1781.) 
 
 MASSACHUSETTS. 
 
 To furnish forces to guard Ticonderoga, (May 18, 1775.) To 
 complete its quota before Boston, (June 19, 1775.) To raise a regi- 
 ment of foot and a regiment of artillery for Canada, (January 29, 
 1776.) Five battalians now raised taken into continental pay, (May 
 
62 REVOLUTIONARY PENSIONS. 
 
 14, 1776.) To furnish 3000 militia for Canada, (June 1, 1776.) 
 Two thousand militia for the army at New York, (June 3, 1776.) A 
 battalion of militia for Ehode Island, (September 3, 1776.) Fifteen 
 battalions for the war, or three years, (September 16, 1776.) To 
 furnish militia to the northern department, to serve to the last of 
 November, (August 5, 1777.) To furnish General Heath 1500 militia 
 to guard the convention prisoners, (Janualry 12, 1778.) To furnish 
 and keep up in Rhode Island its quota for defence of that State, 
 (January 13, 1778.) To furnish fifteen regiments, and fill them up 
 with nine months' militia, who shall rendezvous at Fishkill, (February 
 26, 177,8.) General Gates may call out its militia for defence of the 
 Hudson, (April 15, 1778.) General Washington may call out its 
 militia, (July 11, 1778.) To furnish fifteen battalions for next cam- 
 paign, (March 9, 1779.) To "keep up its quota in Rhode Island, 
 according to the resolution of a committee from New Hampshire, 
 Conn., and Massachusetts, which met at Springfield, 30th July, 1777, 
 (May 31, 1779.) To furnish 6070 men for the next campaign, (Feb- 
 ruary 9, 1780.) To furnish ten regiments of infantry and one of 
 artillery for the war, by 1st January next, (October 3, 1780.) To 
 complete, on continental establishment, the artillery company at 
 Mechias, to the number of sixty-five men, ^February 15, 1781.) To 
 furnish militia for defence of New Jersey, (July 7, 1781.) 
 
 NEW YORK. 
 
 Its militia to be trained and kept in readiness, and a number of 
 men embodied for the defence of the city, (May 26, 1775.) To send 
 all its troops to join General Schuyler immediately, (September 20, 
 1775.) To render Hudson's River defensible, and plant cannon at 
 Morris House, above Verplanck's Point, (October 7, 1775.) To 
 raise an artillery company for defence of Hudson's River, (October 
 28, 1775.) To furnish 200 militia of Duchess, Orange, and Ulster 
 counties, and a company of city artillery, for defence of the High- 
 lands, (November 8, 1775.) Captain John Hansan to command at 
 the Highlands till a successor is appointed, (November 9, 1775.) To 
 raise one battalion for Canada, (January 8, 1776.) Ulster and Orange 
 militia to be discharged, except those in the Fort, (January 9, 1776.) 
 To raise four battalions, (January 19, 1776.) To hold its militia 
 ready to march to New York, (March 15, 1776.)' Such of its militia 
 at New York as can be spared, to be discharged, (April 11, 1776.) 
 To furnish 760 militia for Canada, (June 1, 1776.) To furnish 3OO0 
 militia for the army at New York, (June 3, 1776.) To raise another 
 battalion for three years or the war, (June 21, 1776.) To furnish 
 four battalions for the war, (September 16, 1776.) To furnish militia 
 to the northern department, to serve to the last of November, (January 
 1, 1777.) To raise 400 militia to serve four months, (January 24, 
 1778.) To furnish five battalions, and fill them up with nine months' 
 militia, who shall rendezvous at Easton, Pa., (February 26, 1778.) 
 General Gates may call out its militia, (April 16, 1778.) General 
 Washington may call them out, (July 11, 1778.) To furnish five 
 
MILITARY ACTS. 63 
 
 battalions for the next campaign, (March 9, 1779.) To raise on 
 continental establishment 1000 men for defence of the western fron- 
 tier, (April 1, 1779.) To furnish 1620 men for the next campaign, 
 (February 9, 1780.) To furnish, by 1st January next, two regiments 
 of infantry and one of artillery, for the war, (October 3, 1780.) To 
 raise two regiments of militia to serve to 1st December next, (April 
 2, 1781.) Two regiments of infantry to serve three years, (Ibid.) 
 
 NEW JEESEY. 
 
 To raise two battalions for one year (October 9, 1775.) Six of its 
 companies to garrison the Fort on the Hudson (Nov. 10, 1775.) The 
 remainder to be put in barracks as near New York as possible 
 (December 8, 1775.) To raise another battalion (January 10, 1776.) 
 Col. Maxwell to march to Albany (January 8, 1776.) Col. Dayton to 
 New York (March 14, 1776.) To hold its militia ready to march to 
 New York (March 15, 1776.) Its militia at New York discharged 
 rApril 11, 1776.) To furnish 3300 militia for the army at New York 
 (June 3, 1776.) To raise three more battalions for the Flying Camp. 
 (July 20, 1776.) Its militia to join Gen. Mercer (August 6, 1776.) 
 To furnish four battalions for the war, or for three years (September 
 16, 1776.) Its militia to join General Washington (February 24, 
 1777.) To furnish militia to the Northern department, to serve to 
 the last of November (August 5, 1777.) To furnish four regiments 
 and fill them up with nine months' militia, who shall rendezvous at 
 camp (February 26, 1778.) Gen. Washington may call out so many 
 of its militia, and for such time, as he deems proper (April 4, 1778.) 
 To complete only three regiments under the resolution of 26th Feb- 
 ruary (April 17, 1778.) Gen. Washington may call out its militia 
 (July 11, 1778.) To furnish three battalions for the next campaign 
 (March 9, 1779.) To furnish 1620 men for the next campaign 
 (February 9, 1780.) 800 men to be raised at continental expense 
 for defence of the State, (April 4, 1780.) To furnish for the war by 
 1st January next, two regiments of infantry (October 3, 1780.) 
 
 NEW HAMPSHIRE. 
 
 To send its quota to Boston immediately (January 19, 1775.) To 
 complete its quota before Boston (July 19, 1775.) To raise one bat- 
 talion for Canada (May 14, 1776.) To furnish 750 militia for Canada 
 (June 1, 1776.) To send one regiment of militia to Massachusetts, 
 two to Connecticut, and one to augment the troops in the Northern 
 department (June 25, 1776.) To raise another regiment for Canada 
 (June 29, 1776.J To furnish three battalions for the war, or three years, 
 (Sept. 16, 1776.) To furnish militia to serve in the Northern depart- 
 ment to the last of November (August 5, 1777.) To furnish and 
 keep up in Rhode Island its quota for defence of that State (January 
 13, 1778.) To furnish three regiments, and fill them up with nine 
 months' militia, who shall rendezvous at Fishkill (February 26, 1778 .) 
 Gen. Gates may call out its militia for defence of the Hudson (April 
 15, 1778.) General Washington may call out its militia, (July 11, 
 
64 REYOLUTIONAEY PENSIONS. 
 
 1778.) To furnish three battalions for next campaign, (March 9, 
 1779.) To keep its quota in Rhode Island, according to the resolu- 
 tion of a committee from New Hampshire, Massachusetts, and Con- 
 necticut, which met at SpringSeld, 30th July, 1777, (May 7, im.) 
 To furnish 1215 men for the next campaign, (February 9, 1780.) 
 May employ at continental expense 250 men in guarding the frontiers 
 of the State, June 1, 1780.) To furnish for the war by 1st January 
 next, two regiments of infantry, (October 3, 1780.) To furnish men 
 for defence of New Jersey, (July 7, 1781.) 
 
 NORTH CAROLINA. 
 
 To embody its militia. May raise on continental pay a number 
 of men not exceeding 1000, (June 24, 1775.) Its two battalions to 
 be put on the continental establishment, and kept in pay one year 
 from this date, (November 28, 1775). To raise another battalion, 
 (January 16, 17(6.) One battalion raised in addition to the other 
 five, to be taken into continental pay,' (May 7, 1776.) May raise 
 one or two more battalions, (March 26, 1776.) To assist South 
 Carolina against the Cherokees, (January 30, 1786.) Its three inde- 
 pendent companies of rangers received into continental pay, (July 
 31, 1776.) Two battalions to march to New York under General 
 Moore, (September 3, 1776.) To furnish nine battalions for the war 
 or three years, (September, 16, 1776.) To raise 5000 militia at con- 
 tinental expense under General Moore, (November 16, 1776.) Gen- 
 erals Moore and Nash to join General Washington with its nine 
 battalions, (February 5, 1777.) Its artillery company taken into 
 continental pay, (July 19, 1777.) Captains Ashe, Medici and Phifer 
 to enlist light horse for three years, or the war, (August 9, 1777.) 
 To furnish nine battalions and fill them up with nine months' militia, 
 who shall rendezvous at Pittsylvania Court-House and Petersburg, 
 Va., (February 26, 1778.) The North Carolina battalion in camp 
 to be reduced to as many as they will make complete. The State to 
 fill up only four more battalions under the resolution of 26th Febru- 
 ary,^ in addition to those formed, (May 28, 1778.) ,To aid South 
 Carolina with 3000 men, including the continental troops and levies 
 now in the State ; the militia to be kept in service five months, if 
 necessary, (September 25, 1778.) To furnish 2000 men more, to be 
 marched to Charleston, (October 17, 1778.) Its light dragoons not 
 to be kept in continental pay after the 1st January next, (Decenaber 
 5, 1778.) To furnish six battalions for the next campaign, (March 
 9, 1779.) To raise as many regular battalions to serve One year, as 
 its circumstances permit, for the particular defence of the Southern 
 States, (March 29, 1779.) To furnish 3640 men for the next cam- 
 paign, (February 9, 1780.) General Gates may call out as many of 
 its militia as he thinks proper, (June 14, 1780.) To order 4000 men 
 to join the Southern army, (June 16, 1780.) To recruit, remount 
 and equip White's light dragoons, (June 19, 1780.) To furnish for 
 the war four regiments of infantry by 1st January next, (October 3, 
 1780.) The commander in the South to retain as many of its eigh- 
 
MILITARY ACTS. 65 
 
 teen months' men as he deems necessary, (November 4, 1782.) These 
 to be furloughed till the conclusion of the definitive treaty of peace, 
 and then discharged, (May 23, 1788.) 
 
 PENNSYLVANIA. 
 
 To raise six companies of riflemen for one year, to join the army 
 at Boston, (June 13, 1775.) To raise two more companies of rifle- 
 men, which, with the other six, shall form a battalion, (June 21, 
 1775.) Two companies of riflemen being raised in Lancaster instead 
 of one, both are received, (July 11, 1777.) To raise one battalion 
 for one year, (October 12, 1775.) Prisoners taken at Fort John's 
 and Fort Chambly, to be kept in Reading, Lancaster, and York, 
 (November 17, 1775.) In Carlisle also, (December 4, 1775.) To 
 raise four more battalions ; one company of each battalion to be rifle- 
 men, (December 9, 1775.) An additional battalion to be raised in 
 Cumberland county, (January 4, 1776.) One of its battalions des- 
 tined for Canada. Colonel Bull to march to Albany, (January 8, 
 1776.) Irvin, Shee, and Magaw, to take their battalions to New 
 York, (March 14, 1776.) To furnish 6000 militia for a Flying Camp, 
 to serve to 1st December, (June 3, 1776.) To send a battalion of 
 provincial riflemen to Delaware, (June 13, 1776.) To raise four 
 companies for the German battalion, (June 27, 1776. To send as 
 many troops as she can spare to Monmouth, N. J., (July 3, 1776.) 
 Her Flying Camp troops to be sent to Philadelphia, except those 
 from Bucks, Berks, and Northampton, which are to go to Brunswick, 
 (lb.) Its associated militia to march to Trenton, except from North- 
 ampton, which is to march to New Brunswick, and except from 
 Westmoreland, Bedford, and Northumberland, not ordered out at 
 all, (July 5, 1776.) To raise one battalion for defence of the Western 
 frontier ; seven companies of it in Westmoreland, and one in Bedford, 
 ^July 15, 1776.) To raise four more battalions for the Flying camp, 
 (July 20, 1776.) Six companies to be raised for defence of North- 
 umberland, and two for defence of the town of Westmoreland, to 
 serve during the war, (August 23, 1776.) To furnish twelve battal- 
 ions for the war, or three years, (September 16, 1776.) Some of its 
 militia in New Jersey discharged, (before September 25, 1776.) 
 Colonels McCoy and Cooke to join General Washington, (November 
 28, 1776.) The two companies raised in Westmoreland to join Gen. 
 Washington, (December 12, 1776.) Prisoners now in Baltimore to 
 be sent to Lancaster, (January 1, 1777.) To raise an independent 
 company for three years, or during the war, to guard the prisoners at 
 Lancaster, (January 18, 1777.) An independent company to be 
 stationed at Kittaning, (January 22, 1777.) Its militia and regulars 
 to join General Washington, (February 24, 1777.) Bull's State 
 regiment and Proctor's State artillery transferred to the continent, 
 (June 20, 1777.) To furnish militia to the Northern department, to 
 serve till the last of November, (August 5, 1777.) Two companies 
 to be raised to guard the stores at Carlisle, (October 6, 1777.) To 
 furnish ten regiments, and fill them up with nine months' militia, who 
 5 
 
66 REVOLUTION AEY PENSIONS. 
 
 sball rendezvous at camp, (February 26, 1778.) One company to be 
 raised for one year, for the defence of "Westmoreland, (March 16, 
 1778.) To station 200 militia in Easton, 100 at Bethlehem, and 200 
 at Reading, for defence of the military stores, until the board of war 
 or General Washington shall discharge them, (March 19, 1778.) 
 General Washington may call out as many of its militia, and for such 
 time, as he deems proper, (April 4, 1778.) Four companies to be 
 raised for one year, for defence of the Western frontier, which, with 
 twelve companies from Virginia, shall compose two battalions, (May 
 2, 1778.) The troops stationed at Carlisle dismissed, (June 2, 1778.) 
 One company to be raised for six months, for defence of Northum- 
 berland county, (June 8, 1778.) The two independent companies 
 raised under resolution of 23d August, 1776, to form one, being very 
 much reduced, (June 23, 1778.) To call out 300 militia, to serve in 
 Philadelphia, (September 3, 1778.) The companies of Captains Clug- 
 gage. Black, and McDonald, enlisted for defence of the Western 
 frontier, to be re-enlisted for one year from 15th December next, 
 (November 5, 1778.) Colonel Hartley's regiment, and the indepen- 
 dent companies commanded by Captains Doyle, Wilkie, Steel, and 
 Calkerwood, and the remains of Colonel Patton's regiment (except 
 Captain McLane's company), to be incorporated, and form the llth 
 Pennsylvania battalion, (December 16, 1778.) To raise five compa- 
 nies of rangers, to serve nine months, for defence of the Western 
 frontier, (February 25, 1779.) To furnish 11 battalions for the next 
 campaign, (March 9, 1779.) To furnish 4855 men for the next cam- 
 paign, (February 9, 1780.) To furnish six regiments of infantry, one 
 of artillery, one of cavalry, and one of artificers, for the war, by the 
 Ist January next, (October 3, 1780.) Convention prisoners to be 
 removed to Pennsylvania ; the British to Yorktown, the Germans to 
 Lancaster, (March 3, 1781.) To be removed to Massachusetts, (May 
 23, 1781.) To furnish of the militia for three months, four batta- 
 lions of infantry, one company of artillery, and a corps of horse, to 
 join General Washington, (May 30, 1781.) To fill up Moyfon's 
 corps with three years' men, three troops of militia cavalry, including 
 those called for on the 30th May, to serve in the South three months 
 after joining the army, (June 12, 1781.) To furnish 300 riflemen 
 for the present campaign, (July 2, 1781.) To order 150 men to Fort 
 Pitti (August 8, 1782.) insurrection of the Pennsylvania troops, 
 (June 21, 1783.) 
 
 RHODE ISLAND. 
 
 To send its quota to Boston immediately, (June 19, 1775.) To 
 complete its quota before Boston, and to send thither the 360 men 
 lately voted, (July 19, 1775.) Its two battalions taken into conti- 
 nental pay, (May 11, 1776.) One of its battalions to be sent to New 
 York, (September 3, 1676.) To furnish two battalions for the war, 
 or for three years, (September 16, 1776.) To furnish and keep up 
 its quota for self defence, (January 13, 1777.) To furnish one bat- 
 talion and fill it up with nine months' militia, who shall rendezvous 
 at Fishkill, (February 26, 1778.) General Washington may call out 
 
MILITARY ACTS. 67 
 
 its militia, (July 11, 1778.) To furnish, two battalions for the next 
 campaign, (March 9, 1779.) To raise 1500 men on continental 
 expense for one year, (May 4, 1779.) To furnish for the next cam- 
 paign 810 men, (February 9, 1780.) To furnish for the war one regi- 
 ment of infantry by 1st January next, (October 3, 1780.) To raise 
 militia for self defence, (July 7, 1781.) Had raised in February, 
 1779, a brigade for one year, (May 15, 1783.) 
 
 , SOUTH CAROLINA. 
 
 Three battalions to be raised and kept in South Carolina at conti- 
 nental expense, (November 4, 1775.) From their small number, its 
 inhabitants have to perform very onerous militia duty, (March 25, 
 1776.) To raise two more continental battalions, (lb.) Its batta- 
 lion of artillery, and two battalions of foot, taken into continental pay 
 from 4th November, and its two battalions of riflemen from 25th 
 March last, (June 18, 1776.) Its battalion of rangers taken into 
 continental pay, (July 24, 1776.) Cherokees had commenced hostili- 
 ties against it, (before July 30, 1776.) To furnish six battalions for 
 the war, or three years, (September 16, 1776.) To call out its militia 
 for self defence, and to be aided by Virginia, South Carolina, and 
 Georgia, (September 25, 1778.) To furnish six battalions for the 
 next campaign, (March 9, 1779.) To furnish for the next campaign 
 2430 men, exclusive of blacks, (February 9, 1780.) General Gates 
 may call out as many of its militia as he' thinks proper, (June 14, 
 1780.) To furnish for the war, by 1st January next, two regiments 
 of infantry, (October 3, 1780.) 
 
 VIRGINIA. 
 
 To raise two companies of riflemen for one year, (June 13, 1775.) 
 To raise six battalions, (December 28, 1775.) Captain Nelson's 
 independent company of riflemen to be sent to Canada, (January 30, 
 1776.) The pay of two of the battalions to commence from 1st of 
 November last, (February 13, 1776.) To raise a company of artil- 
 lery under Captain Arundel, (March 19, 1776.) Its three colonial 
 battalions received on continental establishment, (March 25, 1776.) 
 To raise a battalion of riflemen, (May 18, 1776.) To raise four com- 
 panies of riflemen for Stevenson's regiment, to serve three years, 
 (June 27, 1776.) Eighth battalion on continental pay from 13*h 
 June, (August 13, 1776.) To assist 'South Carolina against the 
 Cherokees, (July 30, 1776.) Three battalions ordered to New York, 
 Colonel Stephens' to be one of them, (September 3, 1776.) To fur- 
 nish fifteen battalions for the war, or for three years, (September 16, 
 1776.) The battalion on the Eastern Shore to march to Philadel- 
 phia, (November 23, 1776.) Its light-horse to join General Wash- 
 ington, (November 25, 1776.) To raise a regiment of artillery, to be 
 armed with muskets, (November 26, 1776.) The West Augusta 
 battalion and Colonel Moore's to join General Washington in New 
 Jersey. Forts Pitt and Randolph to be garrisoned with 100 men at 
 
68 REVOLUTIONARY PENSIONS. 
 
 continental expense, (January 8, 1777.) Prisoners to be sent to 
 Leesburgh, (January 13, 1777.) Its light-horse to be taken into 
 continental pay from 25th November, (January 14, 1777.) Muhlen- 
 burg's battalion ordered from South Carolina, (January 20, 1777.) 
 Captain Scott, of Fauquier county, with his volunteers, received for 
 three months, (February 17, 1777.) Second Virginia battalion to 
 march from Baltimore to Worcester, and then join General Wash- 
 ington, (February 7, 1777.) To furnish fifteen battalions, and fill 
 them up with nine months' militia, who shall rendezvous at Alexan- 
 dria and Shepherdstown, (February 26, 1778.) The portion of its 
 quota raised in Aceomac and Northampton, to continue there for the 
 protection of the public stores. (lb.) Harrison's artillery to join 
 General Washington, (September 12, 1778.) To raise twelve com- 
 panies for one year, for defence of the Western frontiers, which, with 
 four from Pennsylvania, shall form two regiments, (May 2, 1778.) 
 The infantry, voted by the assembly to reinforce the main army, not 
 needed, but those in the vicinity of the frontier, with a troop of 
 cavalry, to join General Mcintosh at Fort Pitt, (July 25, 1778.) To 
 aid South Carolina with 1000 men, including all the continental 
 troops now in the State, the militia to be kept five months, (Septem- 
 ber 25, 1778.) To furnish a guard for the convention prisoners at 
 Charlottesville, (October 16, 1778.) A battalion of 600 men to be 
 raised for one year, to guard said prisoners, (January 9, 1779.) To 
 furnish eleven battalions for the next campaign, (March 9, 1779.) 
 To raise for one year as many regular battalions as its circumstances 
 permit, for the particular defence of the Southern States, (March 29, 
 1779.) The governor had ordered a new raised battalion of infantry 
 and a troop of horse to guard the prisoners at Charlottesville, (De- 
 cember 10, 1779.) To furnish 6,070 men for the next campaign, 
 (February 9, 1780.) General Gates may call out as many of its 
 militia as he thinks proper, (June 14, 1780.) To order 5000 militia 
 to join the Southern army, (June 16, 1780.) To furnish for the war 
 by the 1st January next, eight regiments of infantry, one of artillery, 
 and two of cavalry, (October 3, 1780.) The convention prisoners to 
 be removed to the Nerth. Virginia to order 150 men to Fort Pitt, 
 (August 8, 1782.) 
 
REVOLTTTIONART PAT-TABLE. 69 
 
 REVOLUTIONAKY PAY-TABLE. 
 
 PAY. 
 
 No officer holding two appointments, in the revolutionary army, to 
 receive pay for more than one. (Journals of Congress, October 13, 
 1776.) 
 
 This relates to officers in the line, and was repealed by the act 
 reorganizing the army, in May, 1778. 
 
 Officers of troops enlisted for three years, or during the war, shall 
 receive pay from the time of their appointments by their respective 
 States, according to the resolution of September 16, 1776, which in- 
 creased the pay. (J. C, December 21, 1776.) 
 
 Brevet-rank confers no additional pay. (J. G., April 30, 1778.) 
 
 Officers of the navy, though not in actual service, shall still receive 
 their pay. (January 19, 1778.) 
 
 Officers or soldiers released on parole shall receive pay till their 
 return home. (Journals of Congress, May 15, 1777.) 
 
 Officers released on parole shall receive pay for the term the men 
 under them had engaged to serve. (January 19, 1778.) 
 
 Naval officers on parole entitled to the same. (March 20, 1778.) 
 
 Land officers on parole shall receive pay untill they are exchanged, 
 although the term for which their men enlisted may have expired. 
 (May 19, 1778.) 
 
 ATD-DE-CAMP. Pay, per month, $33. (June 16, 1775.) 
 To Commander-in-Chief, $40. (April 26, 1776.) 
 To Commander-in-Chief, to rank as Colonel ; to a Major-General, aa Major. 
 
 (June 5, 1776.) 
 Pay equal to those of officers of the same rank. (March 24, 1777.) 
 To be taken from captains or subalterns, and receive the pay of Major. 
 
 (June 28, 1782.) 
 
 ARTIFICERS. See December 2, 1775; February 11, and September 17, 1776; 
 February 4 and 11 ; March 4 and 29, 1778. 
 Q. M. Artificer, pay of Regimental Q. M. (NoTember 11, 1777.) 
 Flowers' Artillery Artificers, if enlisted for three years, or during the war, 
 
 pay, per month, $20. (February 11, 1778.) 
 Officers, pay of Artillery officers. (Same date.) 
 Commanding officer, pay of Lieutenant-Colonel. (Same date.) 
 Director, per month, $40. (March 29, 1781.) 
 Sub-Director, " $26|». 
 
 ARMORER (iVa™). Pay, per month, $15. (December 9, 1775.) 
 ^ " " " $9. (November 15, 1776.) 
 
 ADJUTANT-GENERAL. Pay, per month, $125. (June 16, 1775.) 
 Deputy A.-G. " '; f5a (July 29, 1775.) 
 
 Regimental. 
 
 " of Captain. (September 19, 1776.) 
 " per month, $40. (October 7, 1776.) 
 To be taken from the line, and, in addition to line pay, to 
 receive, in the Infantry, $13; Cavalry, $15; Artillery, 
 $16, per month. (May 27, 1778.) 
 Assistant to A.-G., pay of Colonel. (May 17, 1779.) 
 
70 REVOLUTIONARY PENSIONS. 
 
 BARRACK-MASTER. See January 9, and February 5, 1776. 
 General. Pay, per month, $75, (May 14, 1777.) 
 Department abolished. (January 20, 1780.) 
 
 BATTEAU-MEN. See February 5, March 8, and December 28, 1776. 
 
 BAKERS. Director, pay, per month, $50. (February 27, 1778.) 
 Sub-Director, " " $40. 
 Foreman, " " $30. " " 
 
 Baker, " " $24. " " 
 
 BRIGADE-MAJOR. Pay, per month, $33. (July 29, 1775.) 
 
 $50. (April 11, 1777.) 
 To be a Captain, and receive, in addition to line pay, $24. (May 27, 1778.) 
 
 BOMBARDIER. Pay, per month, $7. (July 29, 1775.) 
 
 $9. (May 27, 1778.) 
 
 BOATSWAIN. " " $15. (November 28, 1775.) 
 
 On vessels of 20 guns, $15; between 10 and 20, $13; under 10, $12. (No- 
 vember 15, 1776.) 
 
 BOATSWAIN'S MATE (1st). Pay, per month, $9J. (November 28, 1775.) 
 " " (2d). " ■" $8. " " 
 
 On vessels of 20 guns, $9J ; between 10 and 20, $9 ; under 10, $9. 
 
 CAPTAIN (hfaniry). Pay, per month, $20. (June 14, 1775.) 
 In marching regiments, $26f. (November 4, 1775.) 
 All Captains in the army, $40. (October 7, 1776.) 
 {Artillery). Pay, per month, $26|. (July 29, 1775.) 
 $50. (May 27, 1778.) 
 [Rangera). Pay of Major. (July 24, 1776.) 
 
 {Cavalry and Dragoons). Pay, per month, $50. (March 14, 1777.) 
 {Provosts, Engineers, Sappers, and Miners). Pay, per month, $50. (May 27, 
 
 1778.) 
 {Navy). Pay per month, $32. (November 28, 1775.) 
 
 On vessels of 20 guns, $S0 ; between 10 and 20, $48. (November 15, 
 1776.) 
 {Marines). Pay, per month, $26|. (November 28, 1775.) 
 " $30. (November 15, 1776.) 
 
 CHAPLAIN. Pay, per month, $20. (July 29, 1775.) 
 
 $33|. (July 5, 1776.) 
 
 $40. (April 11, 1777.) 
 {Brigade). Pay of a Colonel. (May 27, 1777.) 
 {Navy). " per month, $20. (November 28, 1775.) 
 
 {Dragoons). " " $50. (March 14, 1777.) 
 
 (Hospital). " " $60. (September 18, 1777.) 
 
 CARPENTER (Navy). Pay, per month, $15. (November 28, 1775.) 
 
 On vessels of 20 guns, $15 ; between 10 and 20, $13 : under 10, $12. CNo- 
 vember 15, 1776.) . ■» V 
 
 CARPENTER'S MATE. Pay, per month, $10|. (November 28, 1775.) 
 On vessels of 20 guns, $^^, under 20, $9. (November 15, 1776.) 
 
 CLERK (iVot)2^). Captain's, pay, per month, $15. (November 28, 1775.) 
 
 On vessels of 20 guns, $15 ; under 20, $12. (November 15, 1776.) 
 {^Issuing Store). (1st) | per day ; others, f per day. (May 24, 1776.> 
 (Surgeon- General's and Paymaster's). Per day, $2. (Aprils 1777), 
 
 Assistant rfo. to (^0., per day, $0.66|. (Same date.) ' 
 (Of Com'y of A. C. G.). Per month, $35. (June 16, 1777.) 
 " ®50- (August 7, 1777.) 
 
 (Of Ass't Com'y). Per month, $50. (May II, 1779,) 
 W Provosts). " $33J. (May 27, 1778.) 
 
 \'VOo">'y of ^i^ii'^'m Stores). Per month, $40. (February 11 1778 ^ 
 (Of Field-Commissary). Per month, $40. (February 18, 1779) 
 
REVOLtTTIONARY PAY-TABLE. 71 
 
 CLERK (contiHued). 
 
 (Of Clothier-General). Pay of Army Auditor's Clerk. (April 15, 1779.) 
 to/ the Scales). Pay, per month, $35. (May 11, 1779). 
 (Of Adfi-Gen'l). Pay of Captain. (May 17, 1779.) 
 
 COMMISSARY (General, of Stores and Provisions). Pay, per month, $80. (June 
 16, 1775.) 
 (Deputy do.) Pay, per month, $60. (July 29, 1775.) 
 
 i General, of Purchases). Pay, per day, $8. (June 16, 1777.) 
 Deputy do.) " " $5. " " 
 
 Assutant). " " $4. " " 
 
 lU Purchasing Commissaries allowed a commission instead of salary. (Mar«b 
 
 13, 1778.) 
 'A. 0. G. of P., at Head-Quarters). Pay, per day, $5, (April 14, 1778.) 
 'C. G. of P.) Pav, per annum, $4,000. (January 1, 1780.) 
 D. C. G. of P.) " per month, $125. (November 30, 1780.) 
 lA. 0. of P.) " " $75. 
 
 Superintendent of Live Slock). Pay, per month, $50. (November SO, 1780.) 
 Deputies employed by said Superintendents, pay, per month, $27. (June 
 16, 1777.) 
 (Of Musters). Pay, per month, $40. (June 16, 1775.) 
 " " of Colonel. (August 7, 1777.) 
 
 y>'y C. G. of do.) Pay, per month, $100. (August 7, 1777.) 
 *Dep'yG.ofdo.) " " $60. " " 
 
 * Of Artillery). " " $30. (July 29, 1775.) 
 
 *D. C. of do, in H. Department). Pay, per month, $33J. (March 14, 1777.) 
 'D. C- of Stores at N. Y.) " " $30. (October 9, 1776.) 
 
 'C.G.ofdo.) " " $100. (Febnjary 11, 1778.) 
 
 'D. O. G.ofdo.) " " $60. " " 
 
 (A. a of do,) " " $50. 
 
 (0. of Clothing). Pay of Major. (October 16, 1776.) 
 C. to Surgeon). " per day, $2. (April 8, 1777.) 
 
 C. G. of Prisoners). PayofColoneL (June 6, 1777.) 
 'D.C.ofdo.) " of Major. " " 
 'C. G. of Issues). Pay, per month, $150. (June 16, 1777.) 
 
 D. C. of do.) " " $75. 
 'AssistC.ofdo.) " " $40. 
 
 <i " " " $60. " " 
 
 (a G. of Sides). " " $80. (June 20, 1777.) 
 
 (A. C. G.ofdo.) " " $140. (July 23, 1779.) 
 
 (D. C. of Forage). " " $200. (May 11, 1779.) 
 
 (A. C. of do.) " « $140. " " 
 
 (D.C.ofdo.) '• " $40. (July 15, 1780.) 
 
 (Field Com'y). " " $90. (January 12, 1781.) 
 
 (Deputy do.) " " $70. " 
 
 (Inspector of Cattle). Pay, per day, $4. (January 17, 1780.) 
 See July 19, 1775 ; July 8, October 7, October 9, October 16, October-21, 
 
 December 27, 1776 ; April 4, June 16, July 2, October 4, 6, 11, 1777 ; 
 
 March 13, 1778; January 1 and 7, 1780. 
 
 CORPORAL (Infantry). Pay, per month, $7J. (June 14, 1775.) 
 (Artillery). " " m- P^ly ^9, 1775.) 
 
 *■ » " " $9. (May 27, 1778.) 
 
 (Marines). " " $7J. (November 28, 1775,) 
 
 (Cavalry and Dragoons). Pay, per month, $10. (March 14, 1777.) 
 (Engineers, Sappers, and Miners). Pay, per month, $9. (May 27, 1778.) 
 (Provosts). Pay, per month, $10. (May 27, 1778.) 
 
 CORNET. Pay, per month, $26|. (May 27, 1778.) 
 
 COXSWAIN. Pay, per month, $9. (December 9, 1775.) 
 
 COLONEL. Pay, per month, $50. (July 29, 1775.) 
 
 (Lieutenant do.) Pw, per month, $40. (July 29, 1776.) 
 ^ « << << " $60. (October 7, 1776.) 
 
72 BEYOLIJTIONART PENSIONS, 
 
 COOPER (N'aw). Pay, per month, $15. (November 28, 1775.) 
 ^ "^ << " $9. (November 15, 1776.) 
 
 COOK (Navy). Pay, per month, $12. (December 9, 1775.) ^_ 
 
 On vessels of 20 guns, $9 ; under 20, $8 J. (November 1 5, 1 / 76.) 
 
 CLOTHIER (General). Pay, per annum, $3,000. (April 6, 1779.) 
 (Assistant). Pay, per month, $50. (August 29, 1777.) 
 (Regimental). In addition to line pay, $30. (April 5, 1779.) ,„,„„, 
 
 See December 27, 1776; August 28, 1778; March 23, 1779; June 18, 1781, 
 
 CONDUCTOR (of Artillery). See February 5, and July 5, 1777. 
 
 « Pay, per month, $40. (February 18, 1779.) 
 
 (Assistant, of Military Stores). Lieutenant's pay. (July 5, 1776.) 
 (Of Military Stores). Pay, per month, $40. (February 11, 1778.) 
 ^ -^ « " i, ' .< " $45. (January 12, 1782.) 
 
 (Of Field Commissary) " " $45. " " 
 
 DRUMMER (Infantry). Pay, per month, $7|. (June 14, 1775.) 
 (Marines). Pay, per month, $7J. (November 28, 1775.) 
 (Oavalr^). " " $8^- (May 27, 1778.) 
 
 DRUM-MAJOR (Infantry). Pay, per month, $9. (May 27, 1778.) 
 (Cavalry). Pay, per month, $10f|. (May 27, 1778.) 
 
 EXECUTIONER (Provost's). Pay, per month, $10. (May 27, 1778.) 
 
 EXPRESS-RIDER. Pay, per month, $40. (May 27, 1778.) 
 
 ENGINEER (Cfhief). Pay, per month, $60. (June 16, 1775.) 
 (Assistant.) " " $20. 
 
 " " " $26f. (January 16, 1776.) 
 
 << " " $30. (May 18, 1776.) 
 
 Pay equal to the same rank in Artillery. (May 11, 1779.) 
 
 ENSIGN. Pay, per month, $10. (July 29, 1775.) 
 
 (In marching regiment). Pay, per month, $13J. (November 4, 1775.) 
 *■ y ^ ; ,/. r „ ^20." (October 7, 1776.) 
 
 FARRIER (Dragoons). Pay, per month, $10. (March 14, 1777.) 
 (Cavalry). Pay, per month, $10. (May 27, 1778.) 
 
 FIFER (Infantry). Pay, per month, $7|. (July 29, 1775.) 
 
 (Marines), " " $7^. (November 28, 1775.) 
 
 (Cavalry). " " $8|. (May 27, 1778.) 
 
 FIFE-MAJOR (Infantry). Pay, per month, $8J. (July 16, 1776.) 
 (Cavalry). Pay, per month, $10||. (May 27, 1778.) 
 
 FORAGE-MASTER. Pay, per month, $40. (May 14, 1777.) 
 
 $80. (May 11, 1779.) 
 In addition to line pay, $10. (July 15, 1780.) 
 
 GENERAL (Major). Pay, per month, $166. (June 16, 1775.) 
 (Brigadier). " " $125. " " 
 
 GUNNER. Pay, per month, $15. (November 28, 1775.) 
 
 On vessels of 20 guns, $15 ; between 10 and 20, $13 ; under 10, $12. (Novem- 
 ber 15, 1776.) 
 
 GUNNER'S MATE. Pay, per month, $10f. (November 28, 1775.) 
 
 On vessels of 20 guns, $9J ; between 10 and 20, $9 ; under 10, $9. (Novem- 
 ber 15, 1776.) 
 
 GUNNER (Quarter). Pay, per month, $8. (December 9, 1775.) 
 (Cavalry). " " $8f (May 27, 1778.) 
 
 HOSPITAL. Director-General and Chief Physician, pay, -per day, $4. (July 27, 
 1775.) 
 
EETOLUTIONART PAY-TABLE. 
 
 HOSPITAL (continued). 
 
 Surgeon, Pay, per day, $1J. (July 27, 1775.) 
 
 Apothecary, " " $il « >< 
 
 Surgeon's Mate, " " $0.66f. " " 
 
 Storekeeper, " per month, $4. " " 
 
 Nurse, " " $2. " " 
 
 Deputy Director-General, pay, per day, $5. (April 8, 1777.) 
 
 Assistant do. " " $4. (February 6, 1778). 
 
 Commissary, " " $4. n <i 
 
 Ward-Master, " " $1. << n 
 
 Assistant Purveyor, " per montji, $75. (September 30, 1780.) 
 
 Assistant Apothecary, " " ""' 
 
 Steward, 
 
 Ward-Master, 
 
 Surgeon's Mate, 
 
 Steward, 
 Ward-Master, 
 
 montji, $75. 
 
 
 $75. 
 
 
 $35. 
 
 
 $25. 
 
 
 $50. 
 
 
 $42. 
 
 
 $31. 
 
 
 $21. 
 
 (December 3, 1782.) 
 
 INSPECTOR (of more than one Brigade). In addition to line pay, $80. (May 5, 1771 
 (0/one Brigade). In addition to line pay, $20. (May 5, 1778.) 
 (OeneraV). Pay, per month, $250. (February 18, 1779.) 
 (Assistant). " " $30. (December 4, 1780.) 
 
 " In addition to line pay, $10. (January 10, 1782.) 
 
 (Of Cattle). Pay, per day, $4. (January, 17, 1780.) 
 
 JUDGE- ADVOCATE. Pay, per month, $20. (July 29, 1775.) 
 
 $60. (April 11, 1777.) 
 (Deputy). In addition to line pay, $15. " " 
 
 LIEUTENANT (Infantry). Pay, per mouth, $13J. (June 14, 1775.) 
 " " " $26|. (October 7, 1776.^ 
 
 (Artillery). Pay, per month, $26f. (July 29, 1775.) 
 " " $33|. (May 27, 1778.) 
 
 (Marines). " " $18. (November 4, 1775.) 
 
 (Purveyors). " of Captain. (July 24, 1776.) 
 (Cavalry and Dragoons). Pay, per month, $33J. (March 14, 1777.) 
 (]}favy). Pay, per month, $20. (November 4, 1775.) 
 
 On vessels of 20 guns, $34 ; between 10 and 20, $24 ; under 10, co' 
 manding, $30. (November 15, 1776.) 
 Provosts, Engineers, Sappers, and Miners, pay, per month, $33J. (May 5 
 1778.) 
 
 MATKOSS. Pay, per month, $6|. (July 29, 1775.) 
 
 $8|. (May 27, 1778.) 
 
 MAJOR. Pay, per month, $40. (July 29, 1775.) 
 
 (Rangers). Pay of Lieutenant-Colonel. (July 24, 1776.) 
 (Infantry). Pay, per month, $50. (October 7, 1776.) 
 
 MASTER (mvy). Pay, per month, $20. (November 28, 1775.) 
 
 On vessels of 20 guns, $30 ; under 20, $24. (November 15, 1776.) 
 
 MATE (Navy). Pay, per month, $15. (November 28, 1775.) 
 
 MASTER-AT-ARMS. On vessels of 20 guns, pay, per month, $10 ; under 20, S 
 (November 15, 1776.) 
 
 MUSTER-MASTER (General). Pay, per month, $40. (July 29, 1775.) 
 " " " $50. (April 4, 1777.) 
 
 Muster-Master, pay, per month, $35. (April 4, 1777.) 
 
 $45. (August 6, 1777). 
 Commissary of Musters, pay, per month, $40. (June 16, 1775.) 
 C. G. ofdo. " " ^$60. (April 4, 1777.) 
 
 Department abolished. (January 12, 1780.) 
 
74 REVOLUTIONARY PENSIONS. 
 
 VAY-MASTEU (General). Pay, per month, $100. (June 16, 1.775.) 
 (Deputi/ do.) " " ®50. " " 
 
 (Ass't to Defy do.) " " $26f. (January 9, 1776.) 
 
 (P. M. to Va. troops). " " $30. (February 15, 1776.) 
 
 [Do. in N. dep't.) " " $75. (January 30, 1777.) 
 
 (P. M. of Rangers). " " $26f. (July 24, 1776.) 
 
 [Of Dragoons). " ' $50. (March 14, 1777.) 
 
 (Regimental). " " $40. (March 29, 1777.) 
 
 In the Infantry, $20 ; Artillery and Cavalry, $25, in addition to line pay. 
 
 (May 27, 1778.) 
 All Regimental Paymasters; in addition to line pay, per month, $30. 
 (January 12, 1781.) 
 (Assistant to P.-M. 6. and D. P.-M. G.) Pay, per month, $60. (August 28, 
 1779.) 
 
 PILOT. Pay according to the usual rate. (December 9, 1775.) 
 
 PRIVATE (Infantry). Pay per month, $6J. (June 14, 1775.) 
 
 (Marines). " " $6*. (NoTember 28, 1775.) 
 
 (^Rangers). " " $12^. (July 24, 1776.) 
 
 \ Cavalry and Dragoons). Pay, per month, $8J. (March 14, 1777.) 
 
 {Artillery, Provosts, and Engineers). Pay, per month, $8J. (May 27, 1778). 
 
 PROVOST-MARTIAL. (See January 29, 1775.) 
 
 PURSER. Pay equal to that of Navy Surgeon. (November 13, 1778.) 
 
 QUARTER-MASTER [General). Pay, per month, $80. (June 16, 1775.) 
 [Deputy do. 
 [Do. in N. department) 
 [Deputy do.) 
 [Regimental). 
 (^Do.) 
 [Cavalry). 
 [Dragoons). 
 
 $60. (April 11, 1777.) 
 
 $20. (May 13, 1779.) 
 
 $18J. (July 29, 1775.) 
 
 $27|. (October 7, 1776.) 
 
 $16|. (March 14, 1777.) 
 $50. 
 
 [Regimental). In the Infantry, pay, per month, $13 ; Cavalry, $15 ; Artillery, 
 
 $16; in addition to line pay. (May 27, 1778.) 
 (Navy). Pay, per month, $9, (December 9, 1775.) 
 
 On vessels of 20 guns, $9 ; under 20, $8|^. (November 15, 1776.) 
 (Assistant Q.-M.) Pay of Captain. (June 5, 1776.) 
 
 " " per month, $40. (May 14, 1777.) 
 
 $140. (May 13, 1779.) 
 [Brigade). In addition to line pay, $15. (November 24, 1778.) 
 
 $20. (July 15, 1780.) 
 {Assistant in Q.-M. depH.) Pay, per month, $30. (October 23, 1782.) 
 
 RIDING-MASTER [Dragoons). Pay, per month, $33J. (March 14, 1777.) 
 [Cavalry). Pay, per month, $33J. (May 27, 1778.) 
 
 SAIL-MAKER. Pay, per month, $12. (December 9, 1775.) 
 " $10. (November 15, 1776.) 
 
 SAIL-MAKER'S MATE. Pay, per month, $8J. (November 15, 1776.) 
 
 SADDLER [Dragoons). Pay, per month, $10. (March 14, 1777.) 
 [Cavalry). Pay, per mouth, $10. (May 27, 1778.) 
 
 SAPPERS AND MINERS. Same pay as Engineers. (May 27, 1778.) 
 
 SECRETARY [to the General). Pay, per month, $66. (June 16, 1775.) 
 [To a Major-General). " " $33. " " 
 
 SERGEANT [Infantry). Pay, per month, $8. (June 14, 1775.) 
 
 (Infantry and Engineers). Pay, per month, $10. (May 27, 1778.) 
 
REVOLUTIONARY PAT-TABLE. 75 
 
 SERGEANT {continued). 
 
 (ATtillery). Pay, per month, $8J. (July 27, 1775.) 
 
 $10^f. (May 27, 1778.) 
 (Marines). " " $8. " " 
 
 [Cavalry). " " $15. (March 14, 1777.) 
 
 SERGEANT-MAJOR (Cavalry). Pay, per month, $9. (July 16, 1776.) 
 (Artillery). Pay, per month, $11|^. (May 27, 1778.) 
 (Infantry). " " $10. " " 
 
 QUARTER-MASTER SERGEANT (Infantry). Pay, per m-onth, $10. (May 27, 
 1778.) 
 (Artilleiij). Pay, per month, $llf J. (May 27, 1778.) 
 (Cavalry, Enyinetrs, and Provosts). Pay, per month, $15. (May 27, 1778.) 
 
 DRILL-SERGEANT (Drayoom). Pay, per month, $15. (March 14, 1777.) 
 
 STEWARD (Navy). Pay, per month, $13J. (November 28, 1775. 
 
 $10. (November 15, 1776. 
 (To Slirgeon-Gensral). Pay, per day, $1. (April 8, 1777.) 
 
 SEAMAN. Pay, per month, $6|. (November 28, 1775. 
 $8. (December 13, 1775. 
 
 STORE-KEEPER (to Hospital). Pay, per day, $1 (January 27, 1775.) 
 See January 9, February 5, and May 24, 1776. 
 
 SURGEON (Navy). Pay, per month, $21J. (November 28, 1775.) 
 
 On vessels of 20 guns, $25; under 20, $21J. (November 15, 1776.) 
 Pay equal to that of Lieutenant of the same vessel. (July 16, 1777.) 
 (Army). Pay, per month, $25. (December 8, 1775.) 
 (Regimental). Pay, per month, $33J. (June 5, 1776.) 
 
 " per day, $2. (April 8, 1777.) 
 (Infantry and Cavalry). Pay, per month, $60. (May 27, 1778.) 
 (Artillery). Pay, per month, $75. (May 27, 1778.) 
 (Dragoons). " " $60. (March 14, 1777.) 
 
 In Hospital). Pay, per day, $lf. (July 17, 1776.) 
 (General). " " $5. (April 8, 1777.) 
 
 (Senior). " " $4. " " 
 
 (Second). " " $2. " 
 
 (Commissary to) " " $2. " " 
 
 (Clerk, who is Pay-Master). Pay, per day, $2. (April 8, 1777.) 
 (Assistant Cleric). " " $0.66f. " 
 
 SURGEON'S MATE (Navy). Pay, per month, $13J. (November 28, 1775.) 
 On vessels of 20 guns, $15 ; under 20, $13J. (November 15, 1776.) 
 
 (Regimental). Pay, per day, $1J. (April 8, 1777.) 
 
 (Infantry and Cavalry). Pay, per month, $40. (May 27, 1778.) 
 
 (Artillery). " " $50. 
 
 (Infantry and Cavalry). " " $45. (September 30, 1780.) 
 
 " " " " $40. (March 19, 1782.) 
 
 (Dragoons). " " $40. (March 14, 1777.) 
 
 (In Hospital). Pay, per day, $1. (July 17, 1776.) 
 
 " " per month, $50. (September 30, 1780.) 
 
 SUPERINTENDENT (of Army). (See February 5, 1776.) 
 
 (Of Live Stock). Pay, per month, $50. (November 30, 1780.) 
 (Dejmties employed by same). Pay, per month, $27. (June 16, 1777.) 
 
 TRUMPETER. Pay, per month, $7^. (June 14, 1776.) 
 
 (Cavalry and Dragoons). Pay, per month, $10. (March 14, 1777.) 
 (Provosts). Pay, per month, $10. (May 27, 1778.) 
 
 TRUMPET-MAJOR (Dragoons). Pay, per month, $11. (March 14, 1777.) 
 (Cavalry). Pay, per month, $11. (May 27, 1778.) 
 
76 
 
 REVOLUTIONARY PENSIONS. 
 
 WAGON-MASTER (General). Pay, per month, $75. (May 11, 1777.) 
 
 (Deputy do.) 
 (W.-M.) 
 
 $50. 
 
 $40. " " 
 
 $80. (May 11, 1779.) 
 
 $45. (July 15, 1780.) 
 
 Ass't D. W.-M. a.) 
 Ass't W.-M.) 
 See July 29, 1775; March 16, April 23, 1779; January 14, 1780. 
 
 WAGON-CONDUCTOR. Paj, per month, $40. (May 11, 1777.) 
 
 $35. (July 15, 1780j. 
 If taken from the line, additional pay, $12. " " 
 
 Pay, per month, $20. (October 23, 1782.) 
 
 YEOMAN. Pay, per month, $9. (December 9, 1775.) 
 
 (Of Powder-Room). On vessels of 20 guns, $9i; under 20, $9. (November 
 15, 1776.) 
 
 ■ The references in this Table are made to the Journals of the Continental 
 Congress. 
 
 As it is intended solely for the computation of pensions, none of which can exceed 
 for each month's service the half of fifty dollars, whenever any officer always received 
 that sum, or, having at first received less, was afterwards raised to that amount and 
 never subsequently placed below it, I have not attempted, in such case, to trace the 
 mutations of the salary he received. 
 
PAET II, 
 
 AEMY INVALID PENSIONS, 
 
 It is to be observed that the act of June 16, 1840, togcth 
 with the decisions relating to the distribution of fractions of pensi 
 due a deceased pensioner, given under the head of General Principl 
 relating to Revolutionary Pensioners, is equally applicable to all t 
 classes of pensioners hereafter to be treated of. 
 
 No. 1. 
 INVALIDS OF THE REVOLUTIONARY WAR. 
 
 On the 26th of August, 1776, Congress promised to the office 
 and soldiers of the army and navy who might be disabled in the s( 
 vice a pension to continue during the continuance of their disabilit 
 
 On the 7th of June, 1785, it was recommended that the sevei 
 States should make provision for the army, militia, and navy invali 
 resident in them, to be reimbursed by Congress. 
 
 After the adoption of the present Constitution, Congress pasS' 
 several acts for the relief of these invalids, all which were repeal 
 by the following one : — 
 
 An act to provide for persons who were disabled by known wounds received in 1 
 
 revolutionary war. 
 
 Sec. 1. Be it enacted hy the Senate and Souse of Representativ 
 of the United States of America in Congress assembled, That ai 
 commissioned or non-commissioned officer, musician, soldier, marin 
 or seaman, disabled in the actual service of the United States, whi 
 in the line of his duty, by known wounds received during the revol 
 tionary war, and who did not desert the service ; or who, in cons 
 quence of disability as aforesaid, resigned his commission or took 
 discharge ; of who, after incurring disability as aforesaid, was take 
 captive by the enemy, and remained either in captivity or on parol 
 until the close of said reYolutionary war ; or who, in consequence ( 
 
 m) 
 
78 ARMY INYALID PENSIONS. 
 
 known wounds received as aforesaid, has, at any period since, become 
 and continued disabled in such manner as to render him unable to 
 procure a subsistence by manual labor; whether such ofncer, musi- 
 cian, soldier, marine, or seaman, served as a volunteer, in any proper 
 service against the common enemy, or belonged to a detachment of 
 the militia, which served against the common enemy, or to the regular 
 forces of the United States, or of any particular State, he shall, upon 
 substantiating his claim, in the manner hereinafter described, be 
 placed on the pension list of the United States, during life, or the 
 continuance of such disability, and be entitled, under the regulations 
 hereinafter mentioned, to receive such sum as shall be found just and 
 proper, by the testimony adduced. 
 
 Sec. 2. And he it further enacted. That, in substantiating such 
 claim, the following rules and regulations shall be complied with, that 
 is to say : All evidence shall be taken on oath or affirmation, before 
 the judge of the district, or one of the judges of the territory in 
 which such claimant resides, or before some person specially autho- 
 rized by commission from said judge. 
 
 Decisive disability, the effect of a known wound or wounds, received 
 while in the actual service and line of duty against the common 
 enemy, during the revolutionary war, must be proved by the affidavit 
 of the commanding officer of the regiment, corps, company, ship, ves- 
 sel, or craft, in which such claimant served ; or of two credible wit- 
 nesses to the same effect, setting forth the time when, and place 
 where, such wound or wounds were received, and particularly de- 
 scribing the same. 
 
 The nature of such disability, and in what degree it prevents the 
 claimant from obtaining his subsistence, must be proved by the affi- 
 davit of some reputable physician or surgeon, stating his opinion, 
 either from his own knowledge nnd acquaintance with the claimant, 
 or from an examination of such claimant on oath or affirmation ; 
 which, when necessary for that purpose, shall be administered to said 
 claimant by said judge or commissioner. And the said physician or 
 surgeon, in his affidavit, shall particularly describe the wound or 
 wounds from whence the disability appears to be derived. 
 
 Every claimant must prove, by at least one credible witness, that 
 he continued in service during the whole time for which he was de- 
 tached, or for which he engaged, unless he was discharged, or left 
 the service in consequence of some derangement of the army, or, in 
 consequence of his disability, resigned his commission ; or was, after 
 his disability, in captivity or on parole, until the close of the revolu- 
 tionary war. And in the same manner must prove his mode of life 
 and employment since he left the service, and the place or places 
 where he has since resided, and his place of residence at the time of 
 taking such testimony. 
 
 Every claimant shall, by his affidavit, give satisfactory reasons 
 why he did not make application for a pension before, and that he 
 is not on the pension list of any State ; and the judge or commis- 
 sioner shall certify, in writing, his opinion of the credibility of the 
 witnesses whose affidavits he shall take, in all those cases where by 
 
LNYALIDS OF THE EEVOLTJTIONAEY WAR. / 
 
 this act, it is said the proof shall be made by a credible witness 
 witnesses ; and, also, that the examining physician or surgeon 
 reputable in his profession. 
 
 _ Sec. 3. And be it further enacted, That the said judge of t 
 district, or person by him commissioned as aforesaid, shall transn 
 a list of such claims, accompanied by the evidence, affidavits, certi 
 cates, and proceedings had thereon in pursuance of this act, notii 
 particularly the day on which the testimony was closed before hi: 
 to the Secretary for the Department of War, that the same may 
 compared with muster rolls, or other documents in his office ; and t 
 said Secretary shall make a statement of all such cases, which, i 
 gether with all the testimony, he shall, from time to time, transn 
 to Congress, with such remarks as he may think proper, that Cc 
 gross may be enabled to place such claimants on the pension list 
 shall be found entitled to the privilege. And it shall be the duty 
 the judge, or commissioner aforesaid, to permit each claimant to ta 
 a transcript of the evidence and proceedings had respecting 1 
 claim, if he shall desire it, and to certify the same to be correct. 
 
 Sec. 4. And be itfuriher enacted. That every pension, or increa 
 thereof, by virtue of this act, shall commence on the day when t 
 claimant shall have completed his testimony before the authori 
 proper to take the same. 
 
 Sec. 5. And be it further enacted. That an increase of pensi 
 may be allowed to persons already placed upon the pension list 
 the United States, for disabilities caused by known wounds receiv' 
 during the revolutionary war, in all cases where justice shall requi 
 the same : Provided, That the increase, when added to the pensi( 
 formerly received, shall in no case exceed a full pension. 
 
 Every invalid making application for this purpose, shall be e 
 amined by two reputable physicians or surgeons, to be authorizi 
 by commission from the judge of the district where such inval 
 resides ; who shall report, in writing, on- oath or affirmation, the 
 opinion of the nature of the applicant's disability, and in what degr 
 it prevents him from obtaining a subsistence by manual labor ; whi( 
 report shall be transmitted, by said physicians or surgeons, to tl 
 Secretary for the Department of War, who shall compare the san 
 with the documents in his office, and shall make a statement of e 
 such cases, which, together with the original report, he shall, fro 
 time to time, transmit to Congress, with such remarks as he may thir 
 proper, that they may be enabled to do justice to such pensioners. 
 
 Sec. 6. And be it further enacted. That a full pension given I 
 this act to a commissioned officer, shall be one-half of the month] 
 pay, legally allowed, at the time of incurring said disability, to h 
 grade in the forces raised by the United States ; and the proportion 
 less than a full pension, shall be the correspondent proportions o 
 said li.ilf pay; and a full pension to a non-commissioned office: 
 musician, soldier, marine, or seaman, shall be five dollars a montl 
 and the proportions, less than a full pension, shall be the like propo: 
 tions of five dollars a month ; but no pension of a commissione 
 officer shall be calculated at a higher rate than the half pay of 
 lieutenant-colonel. 
 
80 ARMY INVALID PENSIONS. 
 
 Sec. 7. And be it further enacted, That the pensions, or increase 
 thereof, which may be allowed by this act, shall be paid in the same 
 manner as pensions to invalids who have been heretofore placed on 
 the pension list are now paid, and under such restrictions and regu- 
 lations, in all respects, as are prescribed by law. 
 
 Sec. 8. And he 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 to any non-commissioned officer, musician, 
 soldier, marine, or seaman, before the same becomes due, shall be 
 valid. And every person claiming such pension, or any part thereof, 
 under power of attorney or substitution, shall, before the same is 
 paid, make oath or affirmation, before some magistrate, legally au- 
 thorized to take the same ; a copy of which, attested by said magis- 
 trate, shall be lodged with the person who pays said pension, that 
 such power or substitution is not given by reason of any transfer of 
 such pension, or part thereof. And any person who shall swear or 
 affirm falsely in the premises, and be thereof convicted, shall suffer 
 as for wilful and corrupt perjury. 
 
 Sec. 9. And he it further enacted, That all laws of the United 
 States heretofore passed, so far as they authorize persons to be placed 
 on the pension list of the United States, for, and in consequence of, 
 disabilities derived from known wounds received in the revolutionary 
 war, shall be, and they are hereby, repealed : Provided, That nothing 
 in this repealing clause shall injure, or in any wiy affect, those per- 
 sons already upon the pension list of the United States ; and that 
 the Secretary for the Department of War shall proceed upon the 
 testimony which has been transmitted to him by any claimant, before 
 the passage of this act, in the same manner as though this act had 
 never passed. 
 
 Sec. 10. And he it further enacted. That this act, so far as it 
 authorizes the admission of persons upon the pension list of the 
 United States, shall remain in force for and during the space of six 
 years from the passage thereof, and no longer : Provided, That this 
 limitation shall not affect or impair the right of any invalid who may 
 have completed his testimony, in the manner described by this act, 
 before this limitation commences its operation, but which has not been 
 transmitted to the Secretary for the Department of War. 
 
 [Approved, April 10, 1806.] 
 
 This act was revived and kept in force by the acts of Aprir25, 
 1812, May 15, 1820, February 4, 1822, and May 24, 1828, which 
 latter continued it for six years from its date, and until the end of 
 the next session of Congress, since which time no new statute has 
 been passed on the subject. Those, however, who were already on 
 the pension list, have been continued under the provisions of these 
 acts. 
 
BETWEEN REYOLUTIONARY WAR AND WAR OF 1812. 81 
 
 No. 2, 
 
 INVALID PENSIONS FOR SERVICE BETWEEN THE RE 
 VOLUTIONARYWAR AND THE WAR OF 1812. 
 
 After the treaty of peace made with Great Britain, the Indian; 
 continued their hostilities on the frontiers for some time. A treaty 
 was made with the Creeks on the 7th of August, 1790, 
 
 On the 30th September, 1790, General Harmer left Fort Wash 
 ington to attack the Indian towns on the Scioto. This war with th 
 North-western tribes continued until the 3d of August, 1795, whei 
 peace was made with them. 
 
 » An act for regulating the Military Establishment <}f the United States. 
 
 Sec. 11. And be it further enacted, That if any commissionei 
 officer, non-commissioned officer, private, or musician, aforesaid 
 shall be wounded or disabled, while in the line of his duty in publi 
 service, he shall be placed on the list of the invalids of the Unit^ 
 States, at such rate of pay and under such regulations as shall b 
 directed by the President of the United States, for the time being 
 Provided, always, That the rate of compensation for such wound 
 or disabilities shall never exceed, for the highest disability, half th 
 monthly pay received by any commissioned officer at the time o 
 being so wounded or disabled ; and that the rate of compensation t 
 non-commissioned officers, privates, and musicians, shall never excee 
 five dollars per month : And provided, also, That all inferior diss 
 bilities shall entitle the person so disabled to receive only a sum i 
 proportion to the highest disability. [Approved, April 30, 1790.] 
 
 An act for making ftirther and more effectual provision for the protection of the froi 
 tiers of the United States. 
 
 Sec. 11. And he it further enacted. That all the commissione 
 and non-commissioned officers, privates, and musicians, of the sai 
 three regiments, shall take the same oaths, shall be governed by th 
 same rules and regulations, and, in cases of disabilities, shall receiv 
 the same compensations as are described in the beforementioned ad 
 entitled "An act for regulating the military establishments of th 
 United States." [Approved, March 5, 1792.] 
 
 An act for continuing and regulating the military establishment of the United State 
 and for repealing sundry acts heretofore passed on that subject. 
 
 Sec. 13. And he it further enacted, That if any officer, non-com 
 missioned officer, private, or musician, aforesaid, shall be wounded o 
 disabled, while in the line of his duty, in public service, he shall b 
 placed on the list of invalids of the United States, at such rate o: 
 pay, and under such regulations, as shall be directed by the Presiden 
 of the United States for the, time being : Provided, always, Tha 
 the rate of compensation to be allowed for such wounds or disabilities 
 to a commissioned officer, shall never exceed, for the highest disability 
 half the monthly pay of such officer, at the time of his being so dis 
 6 
 
82 ARMY INVALID PENSIONS. 
 
 abled or wounded ; and that the rate of compensation to non-com- 
 missioned officers, privates, and musicians, shall never exceed five 
 dollars per month: And provided, also, That all inferior disabilities 
 shall entitle the person so disabled to receive an allowance propor- 
 tionate to the highest disability. , [Approved, March 3, 179&.] 
 
 An act for the relief of certain officers and soldiers, who have been wounded or dis- 
 abled in the actual service of (he United States. 
 
 Sec. 1. Be it enacted hy the Senate and House of Bepresentatives 
 of the United States of America in Congress assembled-. That every 
 commissioned [and] non-commissioned officer, private, or musician, 
 who has been wounded or disabled, while in the line of his duty, in 
 actual service, called out by authority of any law of the' United 
 States, while he belonged to the militia ; or any volunteer not belong- 
 ing to the militia, who has been wounded or disabled, while in the 
 line of his duty, in actual service as aforesaid, shall be placed on the 
 list of 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 for the time being : Provided, The rate of compensation for 
 such wounds and disabilities shall never exceed, for the highest dis- 
 abilities, half the monthly pay received by any commissioned officer, 
 at the time of being so wounded or disabled ; and that the rate of 
 compensation to non-commissioned officers, privates, and musicians, 
 shall never exceed five dollars per month ; and that all inferior dis- 
 abilities shall entitle the person so disabled to receive only a sum in 
 proportion to the highest disability : AMd provided^ That these pro- 
 visions shall not be construed to extend to any person wounded or 
 disabled before the fourth of March, one thousand seven hundred 
 and eighty-nine, nor to any person wounded or disabled since that 
 time, who has made application for a pension, under any existing 
 law of the United States, and has been denied, or admitted, on the 
 pension list: And provided, That all applications herein shall be 
 made within one year after the end of the present session of Con- 
 gress. [Approved, March 23, 1796.] 
 
 An act to ascertain and fix the military establishment of the United States. 
 
 Sec. 19. And he it further enacted, That if any officer, non-com- 
 missioned officer, private, or musician, aforesaid, 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 Pre- 
 sident of the United States for the time being: Provided always 
 That the rate of compensation to be allowed for such wounds or dis- 
 abilities, to a commissioned 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, privates, and musicians, shall never exceed 
 five dollars per month : And provided also. That all inferior disabili- 
 ties shall entitle the person so disabled to receive an allowance pro- 
 portionate to the highest disability. (Approved, May 30, 1796.] 
 
BETWEEN REVOLUTIONARY WAR AND WAR OF 181? 83 
 An act authorizing the President of the United States to raise provisional army. 
 
 Sec. 2. And be it further enacted, That the President be, and 
 he is hereby, authorized to organize, with a suitable number of 
 major-generals, and conformably to the military establishment of the 
 United States, the said troops into corps of artillei-y, cavalry, and 
 infantry, as the exigencies of the service may require, in the recess 
 of the Senate, alone, to appoint the commissioned officers. The 
 appointment of the field officers to be submitted to the advice and 
 consent of the Senate at their next subsequent meeting. The com- 
 missioned and non-commissioned officers, musicians, and privates, 
 raised in pursuance of this act, shall be subject to the rules and arti- 
 cles of war, and regulations for the government of the army, and be 
 entitled to the same pay, clothing, rations, forage, and all other 
 emoluments, bounty excepted ; and, in case of wounds or disability, 
 received in service, to the same compensation as the troops of the 
 United States are by law entitled. [Approved, May 28, 1798.] 
 
 An act giving eventual autliority to tlie President of the United Slates to augment 
 
 the army. 
 
 Sec. 3. And be it further enacted, That the officers, non-commis- 
 sioned officers, and privates, of the troops which may be organized 
 and raised pursuant to this act, shall be entitled to the like pay, 
 clothing, rations, forage, and other emoluments, and to the like com- 
 pensation in case of disability by wounds, or otherwise, incurred in 
 the service, as the officers, non-commissioned officers, and privates, 
 of other troops of correspondent denominations, composing the army 
 of the United States ; and, with them, shall be subject to the rules 
 and articles of war, and to all other regulations for the discipline and 
 government of the army. Provided, That no officer, except captains 
 and subalterns who may be employed in the recruiting service, shall 
 be entitled to any pay or other emolument until he shall be callec 
 
 into actual service. [Approved, March 2, 1799.] 
 
 The two preceding acts were passed during the disturbance witl: 
 France, which, however, was ended soon after the latter enactment. 
 
 An act fixing the military peace establishment of the United States. 
 
 Sec. 14. And be it further enacted, That if any officer, non-com 
 missioned officer, musician, or private, in the corps composing th( 
 peace establishment, shall be disabled by wounds or otherwise, whih 
 in the line of his duty, in public service, he shall be placed on th( 
 list of invalids of the United States, at such rate of pay, and undei 
 such regulations, as may be directed by the President of the Unitec 
 States, for the time being : Provided always. That the compensatior 
 to be allowed for such wounds or disabilities, to a commissionec 
 officer, shall not exceed, for the highest rate of disability, half th( 
 monthly pay of such officer at the time of his being disabled o: 
 wounded ; and that no officer shall receive more than the half paj 
 of a lieutenant-colonel ; and that the rate of compensation to non- 
 
84 ARMY INVALID PENSIONS. 
 
 commissioned officers, musicians, and privates, shall not exceed five 
 dollars per month : And provided, also, That all inferior disabilities 
 shall entitle the person so disabled to receive an allowance propor- 
 tionate to the highest disability. [Approved, March 16. 1802.] 
 
 An act to raise for a limited time an additional military force. 
 
 Sec. 5. Be it further enacted, That the officers, cadets, non-com- 
 missioned officer's, musicians, artificers, and privates, raised pursuant 
 to this act, shall be entitled to the like compensation, in case of dis- 
 ability by wounds, and otherwise, incurred in the service, as the 
 officers, cadets, non-commissioned officers, musicians, artificers, and 
 
 privates, in the present military establishment. 
 
 [Approved, April 12, 1808.] 
 
 An act concerning invalid pensioners. 
 
 Sec. 4. And be it further enacted. That any officer, non-commis- 
 sioned officer, musician, or private, who has been wounded or disabled 
 since the revolutionary war, while in the line of his duty, in the 
 actual service of the United States, whether he belong to the military 
 establishment or the militia, or any volunteer corps, called into ser- 
 vice, under the authority of the United States, may be placed on the 
 pension list of the United States, at such rate of compensation, and 
 under such regulations, as are prescribed by the act entitled "An 
 act to provide for persons who were disabled by known wounds 
 received in the revolutionary war," passed April the tenth, one 
 thousand eight hundred and six. 
 
 Sec. 5. And de it further enacted, That the pensioners, becoming 
 such in virtue of this act, shall be paid in the same manner as invalid 
 pensioners are paid who have heretofore been placed on the pension 
 list of the United States, under such restrictions and regulations, in 
 all respects, as are prescribed by the laws t>f the United States in 
 
 such cases provided. [Approved, April 25, 1808.] 
 
 An act authorizing the President of the United States to raise certain companies of 
 rangers for the protection of the frontier of the United States. 
 
 Sec. 1. Be it enacted by the Senate and Mouse 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 Terri- 
 tory 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 com- 
 panies 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 armed, equipped, and ol-gan- 
 ized, 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 com- 
 
BETWEEN REVOLUTIONARY WAR AND WAR OF 1812. 85 
 
 panics of rangers shall consist of one captain, one first, one second 
 lieutenant, one ensign, four sergeants, four corporals, and sixty 
 privates. 
 
 Sec. 3. And he if 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 fuU 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-commis- 
 sioned officers, and privates, raised pursuant to this act, shall be 
 entitled to the like compensation in case of disability, by wounds and 
 otherwise, incurred in the service, as officers, non-commissioned 
 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 esta- 
 blishment of the United States," so far as they may be applicable, 
 shall be extended to all persons, matters, and things, within the in- 
 tent 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 i<yr 
 one year, and from thence to the end of the next session, of Congress. 
 
 [Approved, January 9, 1812.] 
 An act tp raise an additional military force. 
 
 Sec. 14. And be it further enacted, That if any officer, non-com- 
 missioned officer, musician, or private, shall be disabled by wounds, 
 OF 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: Provided, always. That the compensation to be allowed for 
 such wounds or disabilities, to a commissioned officer, shall not exceed, 
 for the highest rate of disability, half the monthly pay of such officer, 
 at the time of his being disabled or wounded ; and that no officer 
 shall receive more than the half pay of a lieutenant colonel ; and 
 that the rate of compensation to non-commissioned officers, musicians, 
 and privates, shall not exceed five dollars per month : And provided, 
 also. That all inferior disabilities shall entitle the person so disabled 
 to receive an allowance proportionate to the highest disability. 
 
 [Approved, January 11, 1812.] 
 
 An act authorizing the President of the United States to accept and organize certain 
 volunteer military corps. 
 
 Sec. 5. And be it further enacted. That if any officer, non-com- 
 missioned officer, musician, or private, 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 invalid pensioners of the United States, at 
 such rate of pension, and under such regulations, as are, or may be, 
 directed by law: Provided, always. That the compensation to be 
 
86 ARMY INVALID PENSIONS. 
 
 allowed for such wounds or disabilities to a commissioned officer shall 
 not exceed, for the highest rate of disability, half the monthly pay 
 of such' officer, at the time of his being wounded or disabled ; and 
 that no officer shall receive more than the half pay of a lieutenant 
 colonel : And that the rate of pension to non-commissioned officers, 
 musicians, and privates, shall not exceed five dollars per month: 
 And 'provided, also, That all inferior disabilities shall entitle the 
 person so disabled to receive an allowance proportionate to the 
 
 highest disability. [Approved, Februarys, 1812.] 
 
 An act in addition to the act entitled "An act to raise an additional military force," . 
 passed January 11, 1812, ^ 
 
 Sec. 1. Be it enacted by the Senate and Home of Representatives 
 of the United States of America in Congress assembted, That the 
 President of the United States be, and he hereby is, empowered 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 notwith- 
 standing. 
 
 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 allow- 
 ances (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. 
 
 [Approved, April 8, 1812.] 
 
 An act for therelief of the officers and soldiers who served in the late campaign, on the 
 
 Wabash. 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United. States of America in Congress assembled, That the 
 officers, according to the rank assigned them by Governor Harrison, 
 and which they held on the seventh day of November, one thousand 
 eight hundred and eleven, the non-commissioned officers, and soldiers, 
 of the volunteers and militia, and the legal representatives of those 
 who were killed, or died of their wounds, composing the army that 
 served in the late campaign on the Wabash against the hostile 
 Indians, shall receive the same compensation which is allowed by law 
 to the militia of the United States, when called into the actual service 
 of the United/^tates. 
 
 Sec. 3.- And be it further enacted. That every officer, according 
 to the rank which he held as aforesaid, non-commissioned officer, and 
 private, of the volunteers and militia, who served in the said cam- 
 paign, and who have been, disabled by known wounds received in said 
 service, shall be placed on the list of invalids of the United States, 
 
FROM WAR OF 1812 TO MEXICAN WAR. • 87 
 
 at such rate of pension as shall be directed by the President of the 
 United States, upon satisfactory proof of such wound and disability 
 being produced to the Secretary of War, agreeably to such rule as 
 he may prescribe: Provided, That the rate of compensation for such 
 wounds and disabilities shall never, for the highest disability, exceed 
 half the monthly pay of such officer, at the time of being so wounded 
 or disabled, and that the rate of compensation to a non-commissioned 
 officer and private shall never exceed five dollars per month ; and all 
 inferior disabilities shall entitle the person so disabled to receive a 
 sum in proportion to the highest disability ; but no pension of a com- 
 missioned officer shall be calculated at a higher rate than the half 
 pay of a lieutenant-colonel. [Approved, April 10, 1812.] 
 
 No. 3. 
 
 INVALID PENSIONS PROM THE WAR OP 1812 TO 
 
 THE MEXICAN WAR. 
 
 An act in addition to the act entitled "An act to raise an additional military force, and 
 
 ibr other purposes." 
 
 Sec. 10. And he it further enacted, That if any officer, non-com- 
 missioned officer, musician, or private, 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 : 
 Provided, always, That the compensation to be allowed for such 
 wounds or disabilities, to a commissioned officer, shall not exceed, for 
 the highest rate of disability, half the monthly pay of such officer, at 
 the time of his being disabled or wounded ; and that no officer shall 
 receive more than the half pay of a lieutenant-colonel ; and that the 
 rate of compensation to non-commissioned officers, musicians, and 
 privates, shall not exceed five dollars per month : And provided, also, 
 That all inferior disabilities shall entitle the person so disabled to 
 receive an allowance proportionate to the highest disability. 
 
 [Approved, January 29, 1813.] 
 
 An act to amend the "Act in addition to the act entitled 'An act to raise an additional 
 military force, and for other purposes.' " 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled. That five 
 of the regiments which were authorized to be raised by "An act in 
 addition to the act entitled 'An act to raise an additional military 
 force, and for other purposes,' " passed the twenty-nintKday of Janu- 
 ary, one thousand eight hundred and thirteen, may, arfhe 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 
 3S the President may elect and determine. 
 
88 ARMY INVALID PENSIONS. 
 
 Sec. 2. And be it further 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 
 pHvates, shall receive the same pay, clothing, subsistence, and forage, 
 bfe entitled to the same benefits, be subject to the same rules and 
 regulations, and be plaijed, in every respect, on the same footing as 
 the other regular troops of the United States. 
 
 [Approved, July 5, 1813.J 
 
 An act to provide for the widowa and oi^phaiiS of militia slain, and for militia disabled, 
 in the service of the United States. 
 
 Sec, 2. And be it further enacted, That if any officer, non-com- 
 missioned officer, musician, or private, of the militia, or of any volun- 
 teer corps, shall be disabled by known wounds received in the actual 
 service of the United States, while in the line of his duty, he shall, 
 upon substantiating his claim, in the manner described by an act, 
 entitled "An act to provide for persons who were disabled by known 
 wounds received in the revolutionary war," passed the tenth day of , 
 April, one thousand eight hundred and six, be placed on the list of 
 invalids of the United States, at such rate of pension, and under such 
 regulations, as are provided by the said act, or as may hereafter be 
 provided by law: Provided, always, That the compensation to be 
 allowed for such wounds or disabilities, to a commissioned officer, 
 shall not exceed, for the highest rate of disability, half tlie monthly 
 pay of such officer, at the time of his being Wounded or, disabled, and 
 that no officer shall receive more than the half pay of a lieutenant- 
 colonet; and that the rate of compensation to non-commissioned offi- 
 cers,, musicians, and privates^ shall not exceed five dollars per month : 
 And provided, also. That all inferior disabilities shall entitle the 
 persons so disabled to receive an allowance proportionate to the 
 highest disability. ^ , 
 
 . Sec. 3. And be it further enacted, That ike provisions of this act 
 shall te construed to have effect from and after the eighteenth day 
 of June, one thousand eight hundred and twelve. 
 
 [Approved, August 2, I8I3.] 
 
 An act authorizing the President of the United States to cause certain regiments therein 
 mentioned to be enlisted for five years, or during the war. 
 
 Sec. 2. And be it further enacted, That each man enlisted under 
 the authority of this act, shall be allowed the same bounty, in money 
 and land, as is now by law allowed to men enlisted for five years or 
 during the war; and tha;t the officers, non-commissioned officers, 
 musicians, and privates, shall receive the same pay, clothing, sub- 
 sistence 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 foo^g, as the other regular troops of the United States. 
 
 [Approved, January 28, 1814:] 
 
 Ah act to authorize the President to receive into service certain volunteer corps. 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That the 
 
FROM WAR OF 1812 TO MEXICAN WAR. { 
 
 President of the United States be, and he is hereby, authorized 
 receive into the service of the United States such proportion of t 
 volunteers, authorized by the act of sixth February, one thousai 
 eight hundred and twelve, and the act supplementary thereto, of i 
 sixth July, one thousand eight hundred and twelve, and accept 
 under the authority of said acts, as, in his judgment, the public st 
 vice may require : Provided, That the volunteers so received shi 
 engage to serve for five years, or during the war, unless sooner d 
 charged. 
 
 Sec. 2. And be it further enacted, That the volunteers which shi 
 be taken into service under the authority of the preceding sectio 
 shall be entitled to the same bounty, pay, rations, clothing, forag 
 and emoluments of every kind, and to the same benefits and alio 
 ances, as the regular troops of the United States. 
 
 Sec. 3. And be it further enacted, That the officers of corps < 
 volunteers which shall be taken into service, shall rank, according 
 grade and the dates of their commissions or appointments, with oth 
 
 officers of the army. [Approved, February 24, 1814/ 
 
 An act authorizing the President of the United States to cause certnin regiments then 
 mentioned to be enlisted for five years, or during the vpar. 
 
 Sec. 2. And be it further enacted. That each man enlisted und 
 the authority of this act, shall be allowed the same bounty, in mon 
 and land, as is now by law allowed 'to men enlisted for five years 
 during the war; and that the officers, non-commissioned office] 
 musicians, and privates, shall receive the same pay, clothing, su 
 sistence and forage, be entitled to the same benefits, be subject 
 the same rules and regulations, and be placed in every respect on t' 
 same footing, as the other regular troops 'Bf the United States. 
 
 [Approved, January 28, 1814.] 
 
 An act fixing the military peace eltablishment of the United States. 
 
 Sec. 7. And be it further enacted, That the several corps auth 
 rized by this act shall be subject to the rules and articles of war, 1 
 recruited in the same manner, and with the same limitations ; ai 
 that officers, non-cqpimissioned officers, musicians, and privates, sht 
 be entitled to the same provision for wounds and disabilities, the san 
 provision for widows and children, and the same benefits and alio' 
 ances in every respect, not inconsistent with the provisions of tl 
 act, as are authorized by the act of sixteenth March, one thousai 
 eight hundred and two, entitled "An act fixing the military pea 
 establishment of the United States," and the act of the twelfth Apr 
 one thousand eight hundred and eight, entitled "An act to raise, f 
 a limited time, an additional military force ;" and that the bounty 
 the recruit, and compensation to the recruiting officer, shall be tl 
 same as are allowed by the aforesaid act of the twelfth of April, oi 
 thousand eight hundred and eight. [Approved, March 3j 1815.] 
 
90 ARMY INYALID PENSIONS. 
 
 An act making further provision for military services during the late war, and for other 
 
 purposes. , • 
 
 Sec. 1. Be it enacted hy the Senate and Rouse of Representatives 
 of the' United States of America in Congress assembled, That, when 
 any officer or private soldier of the militia, including rangers, sea 
 fencibles, and volunteers, or any non-commissioned officer, musician, 
 or private, enlisted for either of the terms of one year or eighteen 
 months, or any commissioned officer of the regular army, shall have 
 died while in the service of the United States, during the late war, 
 or in returning to his place of residence, after being mustered out 
 of service, or who shall have died at any time thereafter, in conse- 
 quence of wounds received whilst in the service, and shall have left 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 death or intermarriage of such widow before 
 the expiration of said 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 : Provided, also, That the officers and private soldiers 
 of the militia, as aforesaid, who have been disabled by wounds or 
 otherwise, while in the service of the United States, in discharge of 
 their duty during the late war, ?hall be placed on the list of pen- 
 sioners in the same manner as the officers and soldiers of the regular 
 army, under such forms of evidence as the President of the United 
 States may prescribe: Provided, also. That the provisions of this 
 act shall not extend to any person embraced in the provision of the 
 act, entitled "An act to provide for the widows and orphans of 
 militia slain, and for militia disabled, in the service of the United 
 States," passed the second day of August, one thousand eight hun- 
 dred and thirteen. [Approved, April 16, 1816.] 
 
 An act to authorize .the President to raise mounted volunteers for the defence of the 
 
 frontier. • 
 
 Sec. 4. And be it further enacted, That the officers, non-com- 
 missioned 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 allpwed to 
 officers, non-commissioned officers, and privates in the military estab- 
 lishment of the United States ; and shall be subject to the rules and 
 articles of war, and such regulations as have been or shall be estab- 
 lished 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 north-western frontier of the United States. 
 
 [Approved, June 15, 1832.] 
 
FROM WAR or 1812 TO MEXICAN WAR. 91 
 
 An act for the more .perfect defence of the frontiers. 
 
 Sec. 1. Be it enacted hy 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 thirty-two, 
 there be established a regiment of dragoons, to be composed and or- 
 ganized as follows, &c. ****** 
 
 Sec. 3. And be it further enacted, That the said regiment of dra- 
 goons 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 ofiScers, 
 non-commissioned oflScers, 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 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. 
 
 [Approved, Marcli 2, 1833.] 
 
 An act to provide for the payment of volvmteers and militia corps in the service of the 
 
 United States. 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That the 
 officers, non-commissioned officers, musicians, artificers, and 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 equip- 
 age, 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 volunteers 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 other- 
 wise disabled in the service of the United States. 
 
 Sec. 6. And be it further enacted. That the volunteers and militia, 
 mentioned in the foregoing provisions of thjs 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 Go- 
 vernors of States, and of the Territory of Florida, under authority 
 from the War Department for repressing the hostilities of the Florida 
 Indians. [Approved, March 19, 1836.] 
 
92 AEMT INYALID PENSIONS 
 
 An act authorizing the President of the United States to accept the service of volun- 
 teers, and to raise an additional regiment of- dragoons or mounted riflemen. 
 
 Sec. 1. Be it enacted hy the Senate and Souse of Representatives 
 of'tTie United States of America in Congress assembled, That, the 
 President of the United Sta^tes 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 he armed and equipped at the expense of the United 
 States^ 
 
 Sec. 2. And he it further- enacted, That the said volunteers S'hall 
 be liable to be called upon to do military du*y only in cases of Indian 
 hostilities, or to repel invasions, whenever the President shall judge, 
 proper, &G., &c. * * * * 
 
 Sec. 5. And he it further 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. 
 
 [Approved, May 23,. 1836.] 
 
 No. 4. 
 
 INVALID PENSIONS FROM THE COMMENCEMENT OF 
 THE MEXICAN WAR TO THE PRESENT TIME, 
 
 An act providing for the prosecution of the existing war hetween the United States and 
 the Republic of Mexico. 
 
 WhereaSj 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 hy the Senate and House of Representatives. 
 o/ the United States of Am£rica in Congress assembled, That, for 
 the purpose of enabling the government of the United States to pro- 
 secute said war to a spee4y 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 volunters, not exceeding fifty thousand, 
 who may offer their services, either as cavalry, artiUery, 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 dis- 
 charged, according to the time for which they shall have been mus- 
 tered 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 other- 
 wise appropriated, be, and the same is hereby, appropriated for the 
 purpose of carrying the provisions of this act into effect. * * * 
 
TO CHEROKEE WARRIORS AND SEA FENCIBLES. 93 
 
 Sec. 7. And be it further 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 
 m the service, shall be entitled to all the benefitwhich may be con- 
 ferred on persons wounded in the service of the United States. 
 
 [Approved, May 13, 1846.] 
 
 An act to extend the provisions of existing pension laws to enlisted men of the ordnance 
 corps of the United States army. 
 
 Sec. 1. Be it enacted by the Senate and Some 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. [Approved, July 10, 1848.] 
 
 No. 5. 
 PENSIONS TO CHEROKEE WARRIORS. 
 
 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. 
 
 Sec. 1. Be it enacted by the Senate and Souse 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 Great Britain and 
 the South-ern 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 regu- 
 lations as to the proof of disability as the Secretary of War shall 
 prescribe ; which pensions shall commence from the period of disability, 
 
 [Approved, April 14, 1842.] 
 
 No. 6. 
 
 PENSIONS TO SEA FENCIBLES. 
 
 An act to authorize the raising of a corps of sea fencibles. 
 
 Sec. 1. Be it enacted by the Senate and House of Representa- 
 tives of the United States of America in Congress assembled, That 
 
94 ARMY INTALID PENSIONS. 
 
 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 sea fencibles 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. 
 
 Sec. 2. And be it further enacted, That each of the said compa- 
 nies of sea fencibles shall consist of one captain,, one first, one second, 
 and one third lieutenant, one boatswain, six gunners, six quarter- 
 gunners, and ninety men. 
 
 Sec. 3. Andbe it further enacted. That the commissioned officers 
 shall receive the same pay and rations as oflScers 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 States. 
 
 Sec. 4. And be it further enacted, That the officers, warrant 
 officers, boatswains, and men, raised pursuant to this act, shall be 
 entitled to the like compensation' in case of disability incurred by 
 wounds, or otherv/ise, in the service of the United States, as officers, 
 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 con- 
 tinue 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 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. 
 
 Sec. 7. And be it further enacted, That the sum of two hundred 
 thousand dollars be, and the same is hereby, appropriated to carry 
 this act into effect, to be paid out of any money in the treasury, not 
 otherwise appropriated. [Approved, July 26, 1813.] 
 
 PRINCIPLES AND DECISIONS RELATING TO ARMY INVALID PENSIONS. 
 
 Nol. 
 
 Character of the injury which entitles. 
 
 Under the first clause of the 14th section of the act of March 16, 
 1802, the words, " or otherwise," import not only a disability brought 
 on by the direct and apparent agency of accidents or inflictions from 
 the hand of God or man, happening to a party in the immediate and 
 obvious line of his duty, such as a sun-stroke, &c. ; but if it be deri- 
 vative, and plainly, though remotely, the incident and result of the 
 military profession, it will entitle him to a pension. But if the loss 
 of health proceeded from imprudence ; much more if from vicious 
 
PRINCIPLES AND DECISIONS. 95 
 
 habits ; or if his constitution were impaired when he entered the 
 service, he should be excluded from this charity. 
 
 [Opinion of Attorney-General, April 6, 1815.] 
 _ Every officer in full commission, and not on furlough, must be con- 
 sidered as in the line of his duty, although at the moment no par- 
 ticular and active duty tffay be devolved on him. Perhaps the 
 voluntary absence of an officer from his post, too long continued, 
 might form an exception to this rule. [lb.] 
 
 "Where the disability is incurred while the party is absent from his 
 camp or station, on business connected with the public service, it 
 entitles him to a pension ; but he would not be "fentitled if he was 
 absent attending to his own private affairs. 
 
 [Opinion of Attorney-General, December 20, 1833.] 
 
 A recruit disabled after he was enlisted, but before he was mus- 
 tered into service and bad joined his regiment, is not entitled to 
 
 pension. [Secretary of War, October 4, 1821.] 
 
 Pensions are allowed only for injuries received while the applicant 
 was actually employed in the duties peculiar to him as a soldier. If 
 he was equally liable to the same injury in private life, or if it 
 resulted from his own fault, he is not entitled. 
 
 [Secretary of War, July 15, 1824.] 
 
 A soldier is always in the line of his duty when he is not under 
 arrest, in confinement, on furlough, or absent without leave. 
 
 [Secretary of War, April 10, 1849.] 
 
 A soldier discharged on account of a disease under which he was 
 laboring when he enlisted, is not entitled to a pension. 
 
 , [Secretary of the Interior, June 2, 1849.] 
 
 No. 2. 
 Rate of pension. 
 
 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 vphere there is 
 no commissioner of loans. 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of America, in Congress 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 lieu- 
 tenant, fifteen dollars ; a third lieutenant, fourteen dollars ; an 
 ensign, thirteen dollars ; and a non-commissioned officer, musician, 
 or private, 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 afore- 
 said ranks, who may hereafter be placed on the military pension roll 
 of the United States, shull, according to their ranks and degrees of 
 disabilities, be placed on at the aforesaid rates of pensions, in lieu of 
 
96 ARMY INVALID PENSIONS. 
 
 those heretofore established : Provided, That nothing herein con- 
 tained shall be construed to lessen the pension of any person who, 
 by special provision, is entitled to a higher pension than is herein 
 provided. [Approved, April 24, 1816.] 
 
 The provision? of the several ;pension acts, restricting the highest 
 rate of pension to a sum not, exceeding the half pay of a Ueuteuant- 
 colonel, still apply to all officers not enumerated in the above act. 
 
 No. 3. 
 Militia pensiom. 
 
 Sec. 3. And be it further enacted, That . alllaws and regulations, 
 relating to the admission of the officers and soldiers of the regular 
 army to be plaeed on the.pension roll of the United States, shall, and 
 they are hereby declared to, relate equaiUy.to the officers and soldiers 
 of the militia, -whikt in the service of the United States. 
 
 This is a section of the foregoing act. 
 
 The militia of the several Stateis are allowed pensions only under 
 the act of April 24, 1816. This act does not embrace the armed 
 
 police of a State. [Secretary of the Interior, case of Jpsiah Harding.] 
 
 No. 4. 
 
 Cadets entitled.- 
 
 Sir: I-avail myself of the earliest hour at which prior engage- 
 ments would permit it, to give you my opinion on the question, 
 " Whether cadets, who are wounded in the line of their duty, are 
 entitled to pensions ? " 
 
 1. By the 1st section of the act of the 3d of Maj.'eh, 1815, " fixing 
 the military peace establishment of the United States," the corps of 
 engineers yfa,B expressly authorised to be retained; and, by the 7th 
 section of the same act, it was provided, that the several corps autho- 
 rized should be entitled to the same provision for wounds and disa- 
 bilities, &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." 
 
 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 enact- 
 ment, entitled to .the same provision for wounds and disabilities, as 
 was authorized by the act of the 16th of March, 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 3rd section of 
 
PRINCIPLES AND DECISIONS, 97 
 
 the act of the 29th of April, 1812, "making provision for the corps 
 ot engineers, it was enacted that the cadets theretofore appointed 
 in the service of the United States, as well as those who might ih 
 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. 
 
 _ Thus (contrary, I confess, to my impression, on the first presenta- 
 tion 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 wounds and disabilities received in 
 the line of their duty. [Opinion of Attorney-General, April 8, 1890.] 
 
 No. 6. 
 
 Line rank governs the pension. 
 
 Under the 14th section of the act of February 11, 1812, an aid- 
 de-camp can receive pension only according to his rank in the line. 
 
 [Opinion of Attorney-General, December 5, 1820.] 
 
 Brevet rank does not re'gulate the pension of an officer, but his 
 
 actual rank in the line. [Secretary of the Interior, case of Major Reynolds.] 
 
 No. 6. 
 Commencement of the pension. 
 
 Invalid pensions in all cases must commence from the time of com- 
 pleting the proof; and that cannot be regarded as complete while any- 
 thing of substance or of form is wanting. 
 
 [Opinion of Attorney-General, July 2 and 19, 1822.] 
 
 The testimony is complete when it is closed before the judicial 
 officers before whom it is taken. 
 
 [Opinion of Attorney-General, March 31, 1836.] 
 
 The evidence in no pension case can be considered as complete 
 until it is duly authenticated. [Rule. April 18, 1829.] 
 
 A soldier wounded in the line of his duty in April, 1830, applied 
 for an invalid pension in June, 1830, but did not complete his proof 
 till 1843 ; he was allowed a pension commencing in April, 1830, the 
 date of the injury. 
 
 [Secretary of War, case of Conrad France, February, 1843.] 
 
 An act to revive and continue in force an act entitled "An act to provide for persons 
 disabled by known wounds received in the revolutionary war." 
 
 Sec. 2. And he 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. 
 
 When an invalid pensioner is obliged to permit the limb, on account 
 7 
 
98 AKMT INVALID PENSIONS. 
 
 of whose injury he is pensioned, to be amputated, whereby he beffomes 
 entitled to an increased pension, that increase shall take effect from 
 the date of the amputation, and not from the time he finishes the 
 proof of such amputation. [Secretary of War, August 28, 1845.], 
 
 No. r.- 
 
 What bars a pension. 
 
 On the 18th April, 1829, the President ordered that no one, while 
 receiving pay as an army officer, should be placed on the invalid 
 pension roll. 
 
 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, fee, 
 shall be disabled while in the line of his duty, "Ae 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 ;" 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 be 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 Con- 
 gress 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 in-- 
 valids who had then been disabled, and who had received their wounds 
 after the revolutionary war, on the same footing with the revolutiotiary 
 pensioners. And I understand the uniform construction given to the 
 act of 1812 has been, that it referred to the provisions of the sict 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 regula- 
 tions, 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 regulations 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 "regula- 
 tions" 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 regula- 
 tions and rate of pay thus to be prescribed by the President, that the 
 act of 1812 refers as being then directed by law ; and, consequently, 
 it rests with the President to prescribe the regulations under which 
 
DECISIONS AND PRINCIPLES. 99 
 
 a person is to be admitted as a pensioner, and also the rate of pay 
 m 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 entitled 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 aa 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 to 
 decide whether he will apply the same regulation to all civil officers, 
 or to any of them, or to what description. He may apply it, if he 
 thinks proper, to civil officers receiving a certain amount of income 
 from their offices, and exempt frotn its operation those whose allow- 
 ances 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 tBe 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. If they do not 
 exclude him, or if the President should see fit to make any regula- 
 tions in relation to persons holding civil offices of profit, then General 
 McNeil will be entitled to be placed on the pension roll. But, in 
 that event, it will still be for the President to determine upon the 
 rate of pay to be allowed to him as a pensioner. 
 
 [Opinion of Attorney-General, May 31, 1832.] 
 
 The above decision' excludes from the benefits of the Invalid pen- 
 sion laws all who hold a civil appointment. 
 
 [Secretary of War, case of Thomas Randal), Florida, October 19, 1839.] 
 
 The decision of the Attorney-General in the case of General 
 McNeil merely declares that the President may exclude from the 
 benefits of the Invalid pension laws all who hold a civil employment ; 
 but as he has never exercised this discretion, General McNeil has a 
 clear right to their enjoyment, and is admitted. 
 
 [Secretary of War, June 11, 1841.] 
 
 An act making appropnations for the payment of revolutionary and other pensions, for 
 the fiscal year ending 30th June, 1845. 
 
 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 
 
100 • ARMY INVALID PENSIONS. 
 
 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. [Approved, April 30, 1844.] " 
 
 No. 8. 
 
 A law is not impliedly repealed hy another on the same subject, not 
 inconsistent with itself. 
 
 In answer to your inquiry of the 18th instant, I have the honor 
 to state,' as my opinion,* that the act of March 2,, 1821, to reduce 
 and fix the military peace establishment of the United States, has 
 not repealed or changed in any manner the claims for pensions given 
 by the analogous act of 1815 and the acts to which it refers. There 
 is no positive repeal of these provisions in the 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 eleventh 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 niilitai'y system, farthei* 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 
 eleventh section of the act of 1821 must be liberally construed, as 
 recognizing all the objects more especially provided for by the seventh 
 section of the act of 1815, and, among these objects, the cla,im to 
 
 pensions. [Opinion of Attorney-General, November 17, 1898.] 
 
 The act of March 2, 1821, continues to officers and soldiers the 
 same rank, pay, and emoluments provided by existing laws, but as 
 it has no express pension clause, it has not been inserted. 
 
 The act of March 2, 1821, " to reduce and fix the peace establish- 
 ment," does not repeal or vaty the pre-exisring laws on the subject 
 of pensions, and the same provisions for wounds and disabilities made 
 by the act of March 3, 1815, are in force under it. 
 
 [Secretary of War, November 18, 1826.] 
 
 No. 9. 
 
 ^Erroneous allowance by one Secretary not to he corrected by 
 
 another. 
 
 You state, substantially, that Thomas Fitzgerald having been 
 wounded after the passage of the act of January 29, 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 
 
DECISIONS AND PEINCIPLES. 101 
 
 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 be- 
 fore me the evidence on which the Secretary of War acted in placing 
 Thomas Fitzgerald on the pension list originally, I cannot form an 
 opinion whether he was or was not then entitled to the allowance 
 provided^ for a total disability ; but I deem 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. 
 
 [Opinion of Attorney-General, December 17, 1829.] 
 
 I confess myself unable to extract any principle from the above 
 decision, unless it rested upon the lapse of time since the erroneous 
 allowance. 
 
 No. 10. 
 
 The repeal of a law under which a pensioner was dro-pped, does not 
 restore him to the rolls. 
 
 The act of July 14, 1832, does nothing more than repeal the law 
 of March 3, 1819, and thereby dispenses with the necessity of ad- 
 ducing the proof of continued disability. It does not restore to the 
 pension roll any one who had been dropped from it, but autfiorizes 
 the payment to those who were then on the list of pensioners. The 
 latter would have been entitled to receive their pensions, upon ad- 
 ducing proof of disability only ; without offering the other evidence, 
 which was necessary upon the original application for the pension. 
 And the repealing law merely dispenses with the proof of disability, 
 and allows those who were at that time recognized as pensioners to 
 receive payment without it ; but it does not restore pensions to per- 
 sons who, by former omission of the required proof, had lost the 
 character of pensioners, and were no longer acknowledged to be such 
 by the competent authority. 
 
 The act of July 14, 1832, repeals the act of March 3, 1819, which 
 required that in all cases of applications by invalid pensioners for the 
 pensions already granted them, they should, at the end of every two 
 years, produce the affidavits of two surgeons as to their continued 
 disability, and its degree. 
 
 Ko. 11. 
 
 Evidence. 
 
 If the rolls of the service in which the applicant's name is found, 
 do not show the injury, the absence of such remark must be satisfac- 
 torily accounted for before the pension can be granted. 
 
 [Secretary of War, January 10, 1825.] 
 
 No surgeon's affidavit or certificate shall be deemed evidence suffi- 
 
102 ARMY INVALID PENSIONS. 
 
 cient to justify the allowance of a pension, unless it shall have been 
 received at the Department -within one month from the date thereof. 
 ^ [Rule, April 18, 1829.] 
 
 The certificate of Members of Congress as to the character of a 
 
 physician or surgeon, may be received. 
 
 [Secretary of War, November 29, 1833.] 
 
 An United States' Judge may certify the same. 
 
 [Rule, December 4, 1838.] 
 
 No. 12. 
 
 Minors. 
 
 One disabled in the service does not lose his right to a pension, 
 although he may subsequently have been discharged from it because 
 of his being a minor. [Secretary of War, February 10, 1836.] 
 
 No. 13. 
 
 Arrears of pension a vested right. 
 
 The Invalid pension acts, promising a pension for future service, 
 amount to a contract on the part of the Government, and vest an 
 absolute right in the party whenever the disability shall occur. If, 
 therefore, he has completed his proof, and thus become entitled, but 
 dies before the certificate issues, his representatives may claim the 
 
 arrears. [Secretary of the Interior, case of Abigail McKindley.] 
 
 No. 14. 
 
 Special Act. 
 
 An invalid pensioner was dropped from the pension roll, but re- 
 stored by a special act of Congress ; this act simply amounted to a 
 legislartive declaration that he was entitled ; and whenever any subse- 
 quent general law increases the pension to which persons of his rank 
 were entitled, his pension is thereby increased. 
 
 [Secretary of War, case of Peter W. Short.] 
 
 FORM OF DECLARATION AND REGULATIONS. 
 
 The form of declaration, proofs, &c., are the same for all claimants 
 of invalid pension, no matter at what period they may have been 
 wounded. 
 
 FORM OF AN APPLICATION FOR AN INVALID PENSION. 
 State of 
 
 County of J'"'' 
 
 On this day of , A.D. one thousand eight hundred and 
 
 personally appeared before me, a Justice of the Peace, (or other officer authorized to ad- 
 minister oaths for general purposes,) within and for the County and State a&resaid, 
 
FORM OF DECLARATION AND REGULATIONS. lOS 
 
 «ged years, a resident of in the State of , who, being 
 
 duly sworn according to law, declares that be is the identical , who 
 
 enlisted in the service of the United States as a , in the company commanded 
 
 by •• in the war with Great Britain, declared by the United States on 
 
 the 18th of June, 1812, (if any other war, describe what war,) and was honorably dis. 
 
 charged on the day of , in the yeaT ; that, while in the 
 
 service, and in the line of his duty, he received the following wound, {or other disabiltiy, 
 as the case may be,) [Acre give a particular and minute account of the wound or other injury, 
 and state how, when, and where it occurred : where the applicant has resided since leaving 
 the service, and what lias been his occupation.] 
 
 (Signature of the claimant.) 
 
 la support of the averments of the applicant in the above declara- 
 tion, and in accordance with the rules and regulations, the folloiving 
 order should be observed in presenting the testimony : — 
 
 1. In all applications for pensions, renewals of pensions, and for 
 bounty land, the signature of the applicant must be attested, and his 
 or her personal identity established by the affidavits of two witnesses, 
 whose residences must be given, and whose credibility must be sus- 
 tained by the certificate of the court or magistrate before whom the 
 application is verified. 
 
 PROOF OF IDENTITY. 
 
 State of -..* } 
 
 County of ^ 
 
 Personally appeared and , residents of the 
 
 (county, city, or town,) persons -whom I certify to be respectable, and entitled to credit, 
 
 and who, being by me duly sworn, say that they were present, and saw 
 
 sign his name (or make his mark) to the foregoing declaration : and they further swear, 
 that they have every reason to believe, from the a,ppearance of the applicant and their 
 acquaintance with him, that he is the identical person he represents himself to be, and 
 that they (deponents,) do reside in the (county, city, or town) aforesaid. 
 
 (Signatures of witnesses.) 
 
 Sworn to, and subscribed before me, this day of 
 
 (Signature of justice or other officer.) 
 
 2. The soldier's discharge and the surgeon's certificate on which 
 it was founded, in cases where he was discharged for disability, must 
 be produced, or a satisfactory reason assigned for their non- 
 production. 
 
 3. The following evidence will be required in all militia cases, and 
 cases of the regular army, where the discharge and surgeon's certifi- 
 cate have been lost or destroyed, or where none have been given 
 sufficient to authorize the Secretary of War to grant pensions, viz. : 
 
 In cases where the regular discharge and the surgeon's certificate 
 for disability cannot be had, the applicant for a pension, whether he 
 has been a soldier* of the regular army, or a militia man, in the ser- 
 vice of the United States, during the late war with Great Britain 
 or since that period, must produce the sworn certificate of his 
 Captain, or other officer under whom he served, stating distinctly 
 the time and place of his having been wounded, or otherwise dis- 
 
 * These rules of evidence are applicable to claimants of every grade. 
 
104 ARMT INVALID PENSIONS. 
 
 abled ; and that the same wounds or disabilities arose while in the 
 service of the United States, and in the line of his duty; with the 
 a,ffidavit of one or more surgeons* or physicians, whether of the army 
 or citizens, accurately describing the wound, and stating the degree 
 of disability to which the soldier may be entitled under it. These 
 documents to be sworn to before a judge of the United States court, 
 or some judge or justice of the peace ; and if a State judge or justice 
 of the peace, then under the seal of the clerk of the county in which 
 such judge or justice may reside ; and the name of the paymaster 
 who last paid the soldier, as belonging to the service of the United 
 States, to be in every instance furnished by the applicant, lin order 
 to a due examination of the muster rolls. 
 
 4. The rule which requires the testimony of a commissioned officer 
 to show the origin and nature of the corporal disability of an appli- 
 cant for a pension, may be dispensed with in a case where it is clearly 
 shown that such evidence cannot be obtained, and where other satis- 
 factory proof of disability can be obtained. In suebaease, the fol- 
 lowing rules of evidence will be adhered to : — 
 
 First. The applicant must make a declaration setting forth all the 
 material facts, and the surgeons must testify as the rule of December 
 23, 1817, directs. ' . 
 
 Second. 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 impraetieable to obtain 
 their affidavits. T'he person or persons who may give such eridenee 
 must state particularly all the knowledge they may possess in relation 
 to the death or removal of such officersi 
 
 Third. In such a case as that mentioned in the second rule, the 
 applicant must produce the testimony of least two credible witnesses, 
 whose good character must be vouched for by some one known to this 
 Department. The witnesses must give a minute narrative of all the 
 facts in relation to this matter, and it must be shown conclusively, 
 by their testimony, that the disability bf the claimant is to be ascribed 
 solely to injury sustained while the claimant was in discharge of mili- 
 tary duty in the service of the United States. The witnesses must 
 show how they acquired a knowledge of the facts as set forth, and 
 state in what capacity or grade they served. 
 
 The affidavits must be authenticated in the same manner prescribed 
 by th:e preceding rule. 
 
 5. The surgeons must give, in their certificate, a particular descrip- 
 tion of the wound, injury, or disease, and specify how, and in what 
 manner, his present condition and disability are connected therewith. 
 The degree of disability must also be stated. 
 
 SURSEDNS' AFFIDAVIT. 
 
 It is hereby certified, That , a in the company of , 
 
 Jntbe regiment of the United States , is rendered incapable 
 
 • The applicant, if within thirty miles of an army surgeon, must obtain his certificate. 
 
FORMS AND REGULATIONS.. 105 
 
 of performing the duty of a soldier, 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 satisfiictory evidence and accurate examination, it appears that on the 
 
 ,y_? ' '" "i« year being engaged ,at or near a place 
 
 ?"'f? -^ "1 the district or territory of , he received , 
 
 in his and he is thereby not only incapacitated for military duty, but, 
 
 m tbe opinion of the undersigned, is + disabled from obtaining his sub- 
 sistence trora manual labor. 
 
 (Signatures of the surgeons.) 
 
 6. The habits of the applicant, and his occupation, since he left 
 the service, must be shown by at least two credible witnesses. 
 
 7. All evidence must be verified by oath, before a judge of the 
 United States court, or some judge or justice of the peace, or other 
 officer of a State having authority to administer oaths for general 
 purposes ; and, if verified before an officer of any State, his official 
 character must be duly authenticated ; and such officer must, in all 
 cases, certify that he is not interested in the prosecution of the 
 claim. 
 
 _ 8. No certificate of facts found by any court will be deemed suffi- 
 cient in any case, unless the facts are certified to be within the per- 
 sonal knowledge of the judge who shall sign the certificate ; or the 
 names and places of residence of the witnesses by whom the facts are 
 established be given; or the affidavits, properly authenticated, be 
 appended to the certificate. 
 
 The application for pension by a Cherokee warrior, under the act 
 of April 14, 1842, will conform in all respects to the foregoing regu- 
 lations, except in the particulars in which they are varied by the 
 following regulations : — 
 
 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 testi- 
 mony of at least two persons of known respectability, stating their 
 knowledge of the claimant, giving his name, residence, and age, 
 
 * Here 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 N. B. — 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. 
 
 Sy The magistrate who may administer the oath to the surgeons, must certify that 
 they are respectable in their profession, and the official character and signature of the 
 magistrate must be certified by the proper officer, under his seal of office. 
 
 Dj" Mode of Authenticating 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 paper authenticated, the certificate must be 
 attached thereto by a piece of tape or small ribbon, the ends of which must pass under 
 the seal of office of the certifying officer, so as to prevent any paper from being impro- 
 perly attached to the certificate. 
 
106 ARMY INVALID PENSIONS. 
 
 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' ser- 
 vice 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 re- 
 quired 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. 
 
 No claim will be allowed unless the claimant's name appears on the 
 muster rolls. 
 
 The pensions which may be granted will be paid only to the pen- 
 sioner in person, by or under the direction of some officer of the 
 United States, upon satisfactory evidence of the identity of the appli- 
 cant. In no case will the powers of attorney be recognized. 
 
PART III. 
 
 PENSIONS FOE ARMY AND MILITIA WIDOWS 
 AND OEPHANS. 
 
 No. I. 
 
 LAWS EXECUTED AT THE OFFICE OF THE THIRD 
 AUDITOR OF THE TREASURY DEPARTMENT. 
 
 No. 1. 
 FEOM 1794 TO THE WAR OF 1812. 
 
 An act in addition to tlie "Act for making further and more effectual provision for the 
 protection of the frontiers of the United States." 
 
 Sec. 1. Be it enacted hy the Senate and Souse of Representatives 
 of the United States of America in Congress assembled, That if any 
 commissioned officer in the tropps of the United States shall, while 
 in the service of the United States, die, by reason of wounds received 
 in actual service of the United States, and shall leave a widow, or if 
 no widow, shall leave a child or children, under age, [of 16 years,] 
 such widow, or if no widow, such child or children, shall be entitled 
 to, and receive, the half of the monthly pay to which the deceased 
 was entitled at t"he 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 the said term of five years, the half pay, for 
 the remainder of the term, shall go to the child or children of such 
 deceased officer, while under the age of sixteen years ; and, in like 
 manner, the allowance to the child or children of such deceased, 
 where there is no widow, shall be paid no longer than while there is 
 a child or children under the age aforesaid. Provided, That no 
 greater sum shall be allowed, in any case, to the widow, or to the 
 child or children, of any officer, than the full pay of a lieutenant- 
 colonel. [Approved, June 7, 1794.] 
 
 (107) 
 
108 PENSIONS FOE WIDOWS AND ORPHANS. 
 
 An act to provide for the widows and orphans of certain deceased officers. 
 
 Sec. 1. Be it enacted by the Senate and House of Bepresentatives 
 of the United States of America in Congress assembled, That the 
 provisions for widows and orphans of commissioned oflScers of troops 
 of the United States, contained in the first section of the law passed 
 on the seventh day of June, one thousand seven hundred and ninety- 
 four, entitled "An act in addition to the act making further and more 
 effectual provision for the protection of the frontiers of the United 
 States j" be, and the sanie are hereby, extended to the widows and 
 orphan children of the commissioned officers of. the troops of, the 
 United States, and of the militia, who have died by reason of wounds 
 received since the fourth day of March, one thousand seven hundred 
 and eighty-nine, in the actual service of the United States : Provided, 
 application shall be made within two years after the end of the pre- 
 sent session of Congress. [Approved, March 14, 1798.] 
 
 An act fixing the military peace cstabKshment of the United States. 
 
 Sec. 15. And be it further enacted, 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, 
 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 
 and 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. But 
 in the case of the death or intermarriage of such widow, before the 
 expiration of the said term of five years, the half pay, for the re- 
 mainder of the time, shall go to the child or children of such deceased 
 officer : Provided always, That such half pay shall cease on the de- 
 cease of such child or children. [Approved, March 16, 1802.] 
 
 An a:ct to raise for a limited time an additional military force. 
 
 Part of Sec. 5. — And that the provisions of the act, entitled "An 
 act fixing the military peace establishment of the United States," 
 relative to the widow, child, or children, of any commissioned officer 
 who shall die, while in the service of the United States, by reason 
 of any wound received in actual service of the United States, shall 
 be in force, and applied 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. [Approved, April 12, 1808.] 
 
 ihe act here referred to is that of March 16, 18G2, before given. 
 
 An aet authorizing the President of the United States to raise certain companies of 
 rangers, for the protection of tlie frontier of the United States. 
 
 Sec. 4. And be it further enacted. That the officers, non-commis- 
 sioned officers, and privates, raised pursuant to this act, shall be 
 entitled to the like compensation in case of disability, by wounds and 
 otherwise, incurred in the service, as officers, non-commissioned 
 officers, and privates, in the present military establishment, and with 
 
FROM 1794 TO THE WAR OF 1812. 109 
 
 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 
 estabhshment of the United States," so far as they may be applica- 
 ble, 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 eifect, and be in 
 force, from and after the passage thereof, and continue in force for 
 one year, and from thence to the end pf the next session of Congress. 
 
 [Approved, January 2, 1812.] 
 An act to raise an additional military force, and for other purposes. 
 
 Sec. 15. And be it further enacted, That if any commissioned officer 
 in the military establishment Qf the United States shall, while in the 
 service of the United State*, die by reason of any wound received 
 in the actual service of the United States, and 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 and 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. 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 
 time shall go to the child or children of such deceased officer : Pro- 
 vided, always. That such half pay shall cease on the decease of such 
 
 child or children. , ' [Approved, January 11, 1812,] 
 
 An act for the relief of the officers and soldiers who served in the late campaign on the 
 
 Wabash. 
 
 Sec. 2. And be it further enacted, That the officers, according to 
 the rank which they held as aforesaid, the non-commissioned officers, 
 and soldiers, of the volunteers or militia, who served in the said cam- 
 paign, and who were killed, or died of wounds received in said service, 
 leaving a widow, or if no "widow, shall have left a child or children, 
 under the age of sixteen, such widow, or if no widow, such child or 
 children, shall be entitled to, and receive, the half of the monthly 
 pay to which the deceased was entitled at the time of his death, or 
 receiving the wound of which he died, for and during the term of 
 five years ; and 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 such de- 
 ceased officer or soldier, whilst under the age of sixteen years; and 
 in like manner the allowance to the child or children of such deceased, 
 where there is no widow, shall be paid no longer than while there is 
 a child or children under the age aforesaid : Provided, That no 
 greater sum shall be allowed in any case to the widow, or to the child 
 or children, of any officer, than the half pay of a lieutenant-colonel. 
 
 [Approved, April 10, 1812.] 
 
110 PENSIONS FOR WIDOWS AND ORPHANS. 
 
 No. 2. 
 FROM THE WAR OF 1812 TO JULY 4, 1836. 
 
 An act in addition to the act entitled " An act to raise an additional military force, and 
 for-other purposes," passed January 11, 1812. 
 
 Sec. 11. And he it further enacted, That if any commissioned 
 officer 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, 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 and 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 ; 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 time shall go to the child or chil- 
 dren of such deceased officer : Provided, always, That such half pay 
 shall cease on the decease of such child or children. 
 
 [Approved, January 29, 1813.] 
 
 An act to provide for the widows and orphans of militia slain, and for militia disabled, 
 in the service of the United States. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 of the United States of America in Qongrehs^ assembled, That if 
 any commissioned officer of the militia, or of any volunteer corps, 
 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, 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 ; but in case of the death or intermarriage of such widow, be- 
 fore the expiration of tlie said term of five years, the half pay, for 
 the remainder of the time, shall go to the child or children of such 
 deceased officer : Provided, always. That such half pay shall cease 
 on the death of such child or children. 
 
 Sec. 3. And be it further enacted, That the provisions of this act 
 shall be construed to have effect from and after the eighteenth day 
 of June, one thousand eight hundred and twelve. 
 
 [Approved, August 2, 1813.] 
 
 An act fixing- the military peace establishment of the United States. 
 
 Sec. 7. And be it further enacte.d, That the several corps, autho- 
 rized by this act shall be subject to the rules and articles of war, be 
 recruited in the same manner, and with the same limitations; and 
 that officers, non-commissioned officers, musicians, and privates, shall 
 be entitled to the same provision for wounds and disabilities, the same 
 provision for widows and children, and the same benefits and allow- 
 ances in every respect, not inconsistent with the provisions of this 
 
FROM THE WAR OF 1812 TO JULY 4, 1836. Ill 
 
 act as are authorized by the act of sixteenth March, one thousand 
 eight hundred and two, entitled "An act fixing the military peace 
 establishment of the United States,"* and the act of the twelfth 
 April, one thousand eight hundred and eight, entitled "An act to 
 raise, for a limited time, an additional military force ;"t and that the 
 bounty to the recruit, and compensation to the recruiting officer, 
 shall be the same as are allowed by the aforesaid act of the twelfth 
 of April, one thousand eight hundred and eight. 
 
 [Approved, March 3, 1815.] 
 
 An act making further provisions for military services during the late war, and for 
 
 other purposes. 
 
 Sec. 1. Be it enacted by the Senate and House of Eepresentatwes 
 of the United States of America in Congress assembled, That, when 
 any officer or private soldier of the militia, including rangers, sea 
 fencibles, and volunteers, or any non-commissioned officer, musician, 
 or private, enlisted for either of the terms of one year or eighteen 
 months, or any commissioned officer of the regular army, shall have 
 died while in the service of the United States, during the late war, 
 or in returning to his place 'of residence, after being mustered out 
 of service, or who shall have died at any time thereafter, in conse- 
 quence of wounds received whilst in the service, and shall have left 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 death or intermarriage of such widow before 
 the expiration of said 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:* ***=:= Provided, also, Thz.\, ihe 
 provisions of this act shall not extend to any person embraced in the 
 provision of the act, entitled "An act to provide for the widows and 
 orphans of militia slain, and for militia disabled, in the service of 
 the United States," passed the second day of August, one thousand 
 eight hundred and thirteen, ^ , [Approved, April 16, 1816.] 
 
 ' ' : -c '^'^ — - / / / y'*-*^.— JT-i"'- 
 
 An act to amend an act, entitled "An act making- farther provision for military services 
 during the late war, and for other purposes." 
 
 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," shall be placed on an equality 
 
 * Act of 16th March, 1802. t Act of 12th April, 1808. 
 
112 PENSIONS FOR WIDOWS AND ORPHANS. 
 
 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 and children aforesaid, of the officers of the 
 different corps aforesaid, shall be entitled to the half pay of the 
 officers of the infantry. 
 
 Sec. 4. And he 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 fiye years, with the widows and 
 children of the infantry. [Approved; March 3, 1817.] , 
 
 An act to increase the pay of the militia while in actual service, and f(5r other 
 
 purposes. 
 
 Sec. 2. Be it further enacted, That the widows and orphans of the 
 militia who have 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 
 MUed, 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. 
 
 [Approved, April 20, 1818.] 
 
 An act for the more perfect defence of the frontiers. 
 
 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 thirty-two, 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 pri- 
 vates, shall be entitled to the same provisions for wounds and disa- 
 bilities, 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. 
 
 I Approved, March 2, 1833.] 
 
 An act to provide for the payment of volunteers arid militia corps in the service of the 
 
 United States. 
 
 Sec. 1. Be it enacted by the Senate and Souse of Mepreseniatives 
 of the United States of j^merica in Congress assembled. That the 
 officers, non-commisaioned officers, musicians, artificers, and privates, 
 of volunteer and militia corps, who have been in the service of the 
 
FROM THE WAR OF 1812 TO JULY 4, 1836. 113 
 
 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 here- 
 after 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 b& 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. 5. And he it further enacted, That when any officer, non- 
 commissioned 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 evi- 
 dence, in applications under this act, as the President of the United 
 States may prescribe. 
 
 Sec. 6. And be it further 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 generals or 
 governors of States, and of the Territory of Florida, under authority 
 from the War Department, for repressing the hostilities of the 
 Florida Indians. [Approved, March 19, 1836.] 
 
 The Third Auditor has never prescribed any form of application, 
 nor issued any regulations, to direct applicants under the acts before 
 given. Each one may therefore employ his own language, taking 
 care to state succinctly all the facts in the case, or he may take as 
 his guide the forms given under the acts executed by the Commis- 
 sioner of Pensions. 
 
114 PENSIONS FOR WIDOWS AND ORPHANS. 
 
 No. II. 
 
 LAWS EXECUTED AT THE PENSION OFFICE. 
 
 No. 2. 
 EROM JULY 4, 1836, TO THE PRESENT TIME. 
 
 An act granting half pay to widows or orphans, where their hushands and fathers h ave 
 died of wounds received in the military service of the United States in certain cases, 
 and for other purposes. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 of the United States of America in Congress assembled, That 'when 
 any officer, non-commiSsioned officer, musician, or private, of the 
 militia, including rangers, sea fencibles, and volunteers, shall have 
 died while in thfe 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 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 or receiving 
 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 : Provided, That the half pay aforesaid shall be half the 
 monthly pay 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 aiuy officer, than the half pay of a lieutenant- 
 colonel. 
 
 "Sec. 4. And he it further enacted. That any pledge, mortgage, 
 sale, assignment, or transfer of any right, claim, or interest, in any 
 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, on oath, to be admin- 
 istered by the proper accounting officer, and returned by him and 
 put on file, before a warrant shall be dejivered to him, that he has 
 no interest in said money by any pledge, faiortgage, sale, assignment, 
 or transfer, and that he does not know or believe that the same 
 has been so disposed of to any person whatever, 
 
 [Approved, July 4, 1836.] 
 
 An act amending the act entitled "An act granting lialf pay to widows or orphans, where 
 their husbands and fathers have died of wounds received in the military service of the 
 United States," in cas? of deceased officers and soldiers of the militia and volunteers, 
 passed July 4th, eighteen hundred and thirty-six. 
 
 Sec. 1. Be it enacted ly the Senate and House of Representatives 
 of the United States of America in Congress assembled, That the 
 
FROM JULY 4, 1836, TO THE PRESENT TIME. 115 
 
 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 4th, 
 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 subsequent 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 firsfr 
 day of April, one thousand eight hundred and forty-six, or who may 
 die during the war with Mexico, from wounds received or from 
 disease 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 : Pro- 
 vided, said death has occurred, or may hereafter occur, while said 
 officers, noh-com-uissioned officers, musicians, or privates, were in the 
 service of the United States, and in the line of duty ; or while return- 
 ing 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, musi-^ 
 cians, 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 
 United States, may prescribe. [Approved, July 21, 1848.] 
 
 An act granting five years' half pay to certain widows and orphans of officers, non- 
 commissioned officers, musicians, and privates, both regulars and volunteers. 
 
 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 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-commissionedi 
 officers, musicians, and privates, whether of the regular army or of 
 volunteers, who have received an honorable discharge, or who 
 
116 PENSIONS FOR WIDOWS AND ORPHANS. 
 
 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 
 while in line of duty, subject to such rules, regulations, and restric- 
 tions as the Secretary of War, by the third section of said act, is 
 authorized to impose. [Approved, February 22, 1849.] 
 
 Joint resolution explanatory of certain acts therein mentioned. 
 
 Resolved hy 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 thp 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 h?iving 
 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 suffi- 
 cient evidence to establish that fact. [Approved, September 28„ 1850.] 
 
 An act to continue half pay to certain widows and orphans. 
 
 Be it enacted ly the Senate and House of Representatives of the 
 United States of America in Congress assembled, That all widows 
 and orphans who were granted and allowed five years' half pay by 
 the provisions of the act approved the twenty-first day of July, one 
 thousand eight hundred and forty-eight, entitled "An act amending 
 the act granting half pay to widows or orphans, when their husbands 
 or 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 the fourth, one thousand eight hundred 
 and thirty-six," or an act approved the twenty-second day of Feb- 
 ruary, one thousand eight hundred and forty-nine, entitled "An act 
 granting five years' half pay to certain widows and orphans of officers, 
 non-commissioned officers, musicians, and privates, both regulars and 
 volunteers," be, and they are hereby granted a continuance of said 
 half pay, under like limitations and restrictions for a furthe^r period 
 of five years, to commence at the expiration of the half pay provided 
 for by the aforesaid acts : Provided, however, That in case of the 
 death or marriage of such widow before the expiration of said term 
 of five years, the half pay for the remainder of the term shall go to 
 the child or children of the deceased officer or soldier, whilst under 
 
PRINCIPLES AND DECISIONS. 117 
 
 the age of sixteen years; and in like manner the child or c'lildren 
 of such deceased, where there is no widow, shall he paid no longer 
 than while there is a child or children under the age aforesaid : And 
 provided, further, That no greater sum shall he allowed in any case 
 to the widow or the child or children of any officer than the half pay 
 of a lieutenant-colonel : And provided, further, That the act ap- 
 proved the twenty-second of February, one thousand eight hundred 
 and forty-nine, granting five years' half pay to certain widows and 
 orphans of officers, non-commissioned officers, musicians, and privates, 
 both regulars and volunteers, he so extended and continued as to 
 embrace the widows and minor heirs of the officers, non-commissioned 
 officers, musicians, and privates, of the regulars, militia, and volun- 
 teers, of the war of 1812, and of the various Indian wars since 1790. 
 
 [Approved, February 3, 1853.] 
 
 PRINCIPLES AND DECISIONS RELATING TO ARMY WIDOWS' PEN- 
 
 SIGNS. 
 
 No. 1. 
 
 Widow remarried before the act passes, the children are entitled. 
 
 Sir : In answer to the question proposed in the communication of 
 the acting Commissioner of Pensions, enclosed in your letter of the 
 26th ultimo, I have the honor to inform you that, in my opinion, 
 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 children, within the 
 equity of the law, and by a liberal construction of its provisions, are 
 
 entitled to its benefits. [Opinion of Attorney-General, August 3, 1836.] 
 
 No. 2. 
 Commencement of Pension. 
 
 Sir : In answer to the question 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 : 
 
 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. [Opinion ofAttorney-Gencral, October 24, 1836.] 
 
118 PENSIONS FOB WIDOWS AND ORPHANS, 
 
 No. 3. 
 
 Act of 4:th July, 1836, i» prospective. 
 
 As already intimated, I think the 1st section embraces the caaea 
 of widows and orphans whose husbands and fa,thers may hereafter 
 -die in the service, as well as those who had died before the passage 
 of the law. 
 
 No. 4. 
 Paymasters' widows and children entitled. 
 
 Sir : By yours of the 15th instant, my opinion is asked 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 ser-vice 
 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 militarry 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 IBthi 
 March, 1832 ; and, of course, my opinion is, that the widow and 
 children are entitled to the benefit of the provisions of said section. 
 
 [Opinion of AUorney.Geaeral, March 22, 1839.] 
 
 No. 5. 
 Death caused by intemperance. 
 
 If the soldier's death is caused by intemperance, his widow is not 
 entitled under the act of July 21, 1848. 
 
 [Secretary of the Interior, October 10, 1850.] 
 
 No. 6. 
 Proof. 
 
 Jdnt Eesolution relative to evidence in applications for pensions by widows of deceased 
 soldiers, under the act of July twenty-first, eighteen hundred and forty-eight 
 
 Resolved ly the Senate and Eouse of Representatives of the United 
 States of America in Congress assembled, That in all applications for 
 pensions by the widows of deceased soldiers, under the act of July 
 
DECLARATION AND REGULATIONS. 119 
 
 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 therepn, tliat 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 thp proof 
 now required at the Pension Office ; and that it shall be the. duty of 
 the Commissioner of Pensions, in all cases of applicatipti for; pen- 
 sions under said act, to apply to the proper officers for said evidence, 
 without requiring the applicant to furnish- the sanje. 
 
 Where it is shown that the husband died in the service, the prcr 
 sumption, in the absence of proof to the contrary, is, that he die4 
 of a disease contracted in the line of his 3uty. 
 
 [Secretary of the Intqrior, case of Rpsh EJliott] 
 
 No. 7. 
 
 JBeing killed iy Indians, in a time of peace does not entitle the widow. 
 
 Where a soldier was killed in a time of peace by & band of ma- 
 rauding Indians, the widow is not entitled undet the act of February 
 
 3 1853. [Secretary of the Interior, case of Sirah R.Darley.i 
 
 FORM OF DECLARATION AND REGULATIONS. 
 
 The following regulations and form of application may be used by 
 claimants under any of the foregoing acts, changing the title of the 
 act to that under which the claim is asserted ; 
 
 1. Applicants must produce the best proof thie nature of the case 
 will allow, as to the service of the deceased officer or soldier, the time 
 when he died, and the complaint of which he died, and the supposed 
 cause of his disease. It must be clearly shown in what company and 
 regiment, or corps, he served, and the grade he held. Such proof 
 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. From similar sources evidence 
 must be derived as to the period and cause of the death of the officer 
 or soldier, 
 
 2. The legality of the Aarriage, 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 aftd county 
 in which she and they reside, shpuld 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 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 registers, 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, re- 
 peat this at the time of receiving each and every payment thereof; 
 because in case of her marrying again, the half pay to her ceases, 
 
120 PENSIONS FOR WIDOWS AND ORPHANS. 
 
 and the half pay for the remainder of the time shall go to the_ child 
 or children of the decedent. 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. 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, except so far 
 as to show that the claimant or claimants is, or are, the widow or 
 children of the deceased. 
 
 5. Applicants unable to appear in court by reason of bodily infir- 
 mity, may make their declarations before required, before a judge, 
 or justice of a court of record of the county in which they reside ; 
 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 cer- 
 tificate of the Secretary of State, 6r of the Territory, or of the 
 proper clerk of the court, or county, under his seal of office, will be 
 annexed, stating that such a person is a judge, or justice of a court 
 of record, or a justice of the peace, and that the signature annexed 
 is his genuine signature. 
 
 7. The judge, or justice, who may administer an oath, must, in 
 every instance, certify to the credibility of the affiant. 
 
 DECLARATION 
 
 In order to obtain the benefit of the third section of the Act of Congress of the 4th 
 
 July, 1836. 
 
 State, Territory, or District 
 
 0/ 
 
 On this day of , personally appeared before tho of the 
 
 , , A. B. a resident of , in tl^ County of .., 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 act of Congress, passed July 4, 1836 : 
 
 That she is the widow of , who was a [here insert the rank the husband 
 
 held in the army, navy, or militia, as the case may be, and specify the service performed, 
 as directed in rude number four 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 ; and that she has 
 
 remained a widow ever since that period, as will more fully appear by reference to the 
 proof hereto annexed. 
 
 Sworn to, and subscribed, on the day and year above written, before 
 
 Under the 1st section of the act of February 3, 1853, an exten- 
 sion of pension is granted to the widows therein described. The 
 following form will be observed by one applying for this, con- 
 tinuance : — 
 
COMMUTATION OF PENSION FOR BOUNTY LAND. 121 
 
 DECLARATION 
 
 In order to obtain the renewal of the half pay provided for in the 1st section of the act 
 
 of February 3, 1853. 
 
 State, Territory, or District 
 
 of 
 
 On this day of ...., personally appeared before the , A. B., a re- 
 sident of , in the county of , a^ed 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 the 3d February, 1853, 
 granting the renewal of half pay to certain widows and orphans ; that she is the widow 
 of , who was a [here insert the rank the husband held, the company and regi- 
 ment in which he served, and the monthly amount of the half pay which she received 
 under the 1st section of the act of 4th July, 1836, or 21st July, 1848.] She fiarther de- 
 clares that she is still a widow. 
 
 {Declarant's signature.) 
 
 Sworn to and subscribed on the day and year above written, before me — 
 
 C. D., J. P. 
 
 COMMUTATION OF PENSION FOR BOUNTY 
 
 LAND. 
 
 An act making further provision for military services during the war, and for other 
 
 purposes. 
 
 Sec. 2. And he it further enacted, That -ffhen any non-commis- 
 sioned officer, musician, or private soldier, of the regular army of the 
 United States, shall have heen killed in hattle, or have died of wounds 
 or disease, while in the service of the United States, during the late 
 war, and have left a child or children, under sixteen years of age, it 
 shall be lawful for the guardian of such child or children, within one 
 year from the passage of this act, 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 which 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 Febru- 
 ary, 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 surren- 
 der and deliver such warrant into the office for the Department of 
 
122 PENSIONS FOR WIDOWS AND ORPHANS. 
 
 War, within one year from the passage of this act ; of which surren- 
 deiiand delivery the Secretary of that Department shall give notice 
 to the Secretary of the Treasury, who shall thereupon give the requi- 
 site orders for the payment of the half pay hereby provided for. 
 
 [Approved, April 16, 1816.] 
 
 This act was continued two years by the act of March 3, 1817, and 
 again for three years, by that of March 3, 1819, since which tinje it 
 has never beea revived. 
 
PART lY. 
 
 MYY INVALID PENSIONS. 
 
 No. 1. 
 OF THE NAVY PROPER AND MARINES. 
 
 An act providing a naval armament. 
 
 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 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 lieu- 
 tenants, 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 surgeon, 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, 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 cap- 
 tain'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 gun- 
 ners), 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 seamen, three ser- 
 geants, three corporals, one drum, one fife, and fifty marines ; and 
 
 (123) 
 
124 NAVY INVAllD PENSIONS. 
 
 that the crew of the ship of thirty-six guns, shall consist of one hun- 
 dred and thirty able seamen and midshipmen, ninety ordinary seamen, 
 two sergeants, two corporals, one drum, one fife, and forty marines, 
 over and above the officers herein before mentioned. 
 
 Sec. 11. And be it further enacted, That if any officer, non-com- 
 missioned 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 commi^oned 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 proportionate to the highest disability. 
 
 [Approved, July 1, 1791.] 
 An act for Hie government of the navy of the United States. 
 
 Sec. 8. And he 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. 
 
 SiiC .9. And he 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 he 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. [Approved, Ma:rch 2, 1799.] 
 
 This act was repealed by the following one, which is the basis of 
 the present naval pension system of the United States : — 
 
OF THE NAVY PROPER AND MARINES. 125 
 
 An act for the better government of the navy of the United States. 
 
 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 pen- 
 sions 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 Con- 
 gress annually, in the first week of their session, a minute statement 
 of their proceedings relative to the management of said fund. 
 
 [Approved, April 23, 1800.] 
 An act in relation to the navy pension fund. 
 
 Sec. 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 pay- 
 ment of the pensions. [Approved, March 26, 1804.] 
 
 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. 
 
 Sec. 2. And be it further 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 engi- 
 neers, 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 
 
126 NAVY INVALID PENSIONS. 
 
 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 coal- 
 heaver 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 hus- 
 band, if his death was prior to the said date. 
 
 Sec. 3. And he it further 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 ajlowed 
 
 by this act. [Approved, August 11, 1848.] 
 
 An act for the establishing and organizing a marine corps. 
 
 Sec. 4. And he it further enacted. That the officers, non-commis- 
 sioned 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 whi<;h 
 shall be established by law, according to the nature of the service in 
 which they shalUbe employed, and shall be entitled to the same allow- 
 ance, 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." [Approved, July 11, 1798.J 
 
 No. 2. 
 OF PRIVATEERS. 
 
 An act concerning letters of marque, prizes, and prize-goods. . 
 
 Sec. 17. And he 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 
 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 per- 
 sons as may be wounded and disabled, on board the private armed 
 
OF PRIVATEERS. 127 
 
 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. [Approved, June 26, 1812.] 
 
 An act regulating pensions to persons on board private armed ships. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 of the United States of America in Congress assembled, That the 
 two per centum 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 beforementioned 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-ofiBcer, 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 marine, the sum of six dollars per month, for the 
 highest rate of disability, and so in proportion : which several pen- 
 sions shall be paid, by direction of the Secretary of the Navy, out 
 of the fund above provided, and from no other. 
 
 [Approved, February 13, 1813.] 
 
 An act to amend and explain the act regulating pensions to persons on board of 
 private armed ships. 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That the 
 act regulating pensions to persons on board private armed ships shall 
 be so construed as 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. [Approved, August 2, 1813.] 
 
 The Privateer-Fund having been long since exhausted, pensioners 
 of this class have ceased to have any demand upon the Government 
 for a gratuity, which has sometimes been continued to them under 
 the annual appropriation acts, and sometimes refused. The present 
 appropriation for that purpose expires June 30, 1854, and nothing 
 has yet been done by Congress to renew it. 
 
128 NAVY INVALID PENSIONS. 
 
 PRINCIPLES AND DECISIONS CONCERNING ARMY INVALID PENSIONS. 
 
 No. 1. 
 
 Powers of the Secretary. 
 
 The Navy Fund was, by the acts of April 23, 1800, and March 
 26, 1804, placed under the management of the Navy Board, with 
 large discretionary powers as to the vesting of money and the admis- 
 sion of persons on the pension rolls. This authority has not been 
 taken away or abriged by any subsequent act. 
 
 [Opinion of Attoftiey-General, April 27, 1821,] 
 
 As all the powers and duties of the Commissioner of the Navy 
 Pension Fund have been devolved upon the Secretary of the Navy, 
 [now of the Interior,] it rests with him to establish the circumstances 
 under which one shall be admitted as a pensioner. 
 
 [Opinion of Attorney-General, December 17, 1832.] 
 
 The power given to the Commissioners by the act of March 26, 
 1804, to make such regulations as might to them appear expedient 
 for the admission of persons on the roll of Navy pensioners, authorized 
 the Commissioners to fix the period at which the pension should com- 
 mence, and also the principles by which the amount was to be gradu- 
 ated. They might have declared that the pension should begin from 
 the time of the disability ; or they might have determined that it 
 should commence at the date of the application and exhibition of 
 proof, if they deemed the latter period more consonant to the spirit 
 of the law. And in the absence of any regulations on the subject, it 
 was their province to exercise a sound discretion in this respect, in 
 every case as it came before them. 
 
 The Commissioners have, it seems, fixed 1828 as the time for the 
 commencement of the pension they allowed to Captain Jones. It is 
 immaterial whether, in deciding upon this point, the Commissioners 
 were governed by what they considered to be the regulations ; or 
 whether, in the absence of any regulation, they exercised the discre- 
 tion with which the law had clothed them. In either case, they were 
 the competent a,uthority to decide ; and their decision is, I think, 
 binding upon you, unless you are satisfied, by the evidence before 
 you, that it was given under mistake of fact ; and that the date of 
 the commencement of the pension would have been fixed otherwise, 
 but for this mistake. For example : if you are satisfied by the proof 
 that the Commissioners took 1828 as the period for the commence- 
 ment of the pension, under the impression that the first application 
 had been made at that time, when, in fact, it had been made earlier ; 
 and had remained altogether unacted on without any fault of Captain 
 Jones, — then it is in your power to correct 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 discretion. In the absence, however, of such proof of mistake 
 as you may think suflScient, you cannot legally revise the decision 
 
PRINCIPLES AND DECISIONS. 129 
 
 heretofore given, either as respects the time of the commencement of 
 the pension, or the sum allowed, so as to give your decision a retro- 
 spective operation. You may, indeed, at any time examine into the 
 claims of the party ; and if, from the evidence of increased disability, 
 or new evidence of the extent of the disability, you believe he is en- 
 titled to a higher pension than he is then receiving, you may allow 
 it, to the extent of the limits mentioned in the law. But the increase 
 in such a case must be prospective, and begin from the date of your 
 decision. It cannot be retroactive. 
 
 An opinion was given on the 21st of December, 1832, by the pre- 
 sent Chief Justice of the United States, as Attorney-General, that 
 the power conferred upon the Commissioners by the act of 1804, 
 authorized them "to fix the period at which the pension should com- 
 mence, and also the principles by which the amount was to be gra- 
 duated;" that "they might have declared that the pension should 
 begin from the time of the disability, or they might have determined 
 that it should commence at the date of the application and exhibition 
 of proof, if they deemed the latter period more consonant to the 
 spirit of the law;" and "that in the absence of any regulations on 
 the subject, it was their province to exercise a sound discretion in 
 this respect in every case as it came before them." 
 
 This opinion, in which I fully concur, furnishes an answer to the 
 inquiry when the pension of James Cochran shall commence. 
 
 It rests with the Secretary of the Navy to decide according to the 
 regulations now in force ; or if there be no regulation, then to exer- 
 cise a sound- discretion — not an arbitrary discretion, but according 
 to the settled course of the Department. The Secretary has un- 
 doubtedly the power to correct any erroneous course heretofore pur- 
 sued by a new regulation, or by setting a new precedent to be the 
 guide in future, or to introduce a more perfect rule, or a class of 
 exceptions, for sufiicient 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 power to make 
 rules was a power to dispense with them altogether, and to substitute 
 in their place caprice or arbitrary discretion. 
 
 And 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 rules 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 difiicult for the 
 Secretary, in the exercise of a sound discretion, at this late day to 
 depart from it. 
 
 The act of March 26, 1804, gives 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 rolls of Navy 
 pensioners ; and does not extend to the enactment of a statute of 
 limitations, or of any rule which would preclude any examination, 
 9 
 
130 NAVY INVALID PENSIONS. 
 
 and, of course, any adjudication. Such a rule would be in derogation 
 of the act of Congress, and not an execution of it. 
 
 [Opinion of Attorney-General, Februalfy 16, 1849.] 
 
 No. 2. 
 
 Line of duty. 
 
 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 companions in suffering, were 
 s 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 seaman. 
 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 April 23, 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 pur- 
 poses to which this fund is expressly devoted. 
 
 [Opinion of Attorney-General, April 17, 1821.] 
 
 No. 3. 
 
 Procrf. 
 
 The act of Congress of March 3, 1819, "regulating the payments 
 to invalid pensioners," requires ^Hhe affidavits of two surgeons or 
 physicians, whose credibility as such shall be certified by the magis- 
 trate 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 surgeons 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. [Opinion of Attorney-General, January 17, 1822.] 
 
 No. 4. 
 
 Commencement of pension. 
 
 There is no authority for granting pensions for deaths or disabili- 
 ties which occurred before the Pension Fund was established by the 
 
DECISIONS AND PRINCIPLES. 131 
 
 act of April 23, 1800. The second section of the act of March 3, 
 1837, does not embrace a class of persons not included in former 
 
 laws. [Opinion of Attorney-General, September 3, 1838.1 
 
 An act for the more equitable administration of the Navy Pension Fund. 
 
 Sec. 2. And be it further enacted, That the pensions which may 
 have been granted, or which may hereafter be 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. 
 
 [Approved, March 3, 1837.] 
 An act making an appropriation to supply a deficiency in the Navy Pension Fund. 
 
 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 thirty- 
 seven, be, and the same is hereby, repealed, from and after the 
 first day of July, eighteen hundred and forty-two. 
 
 [Approved, August 23, 1842.] 
 
 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 provisions of the act of 1804, and 
 by law under the very terms of the act of April 10, 1806 ; that is 
 to say, dating them from the proof of title, and not from the happen- 
 ing of the disability. In 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 arbi- 
 trary one, but a discretion according to the settled course of the De- 
 partment. 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 
 wouixds 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. 
 
 [Opinion of Attorney-General, July 14,1849.] 
 
132 NAVY INVALID PENSIONS. 
 
 No. 5 
 Eolding a naval or civil office, how far it bars pension. 
 
 An act to provide for the payment of navy pensions. 
 
 Sec. 2. And he 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 morefrom 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. {Approved, August 16, 1841.] 
 
 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, 1845. 
 
 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 hia 
 employment in a lower grade, or in some civil branch of the service. 
 
 [Approved, April 30, 1844.] 
 
 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 respectfully to inquire whether he is 
 entitled to his pension under the law of August 16, 1841, c. 8, 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 fall within the second sec- 
 tion of the act of Aiigust 16, 1841, which seems confined to persons 
 
 in the naval service. [Opinion of Attorney-General, May 26, 1842.] 
 
 The questions submitted from the Navy Department in the case 
 of Lieutenant Brownell, are in substance as follows : — 
 
 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 
 Ms 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 
 August 16, 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 pensions in certain cases 
 
DECISIONS AND PRINCIPLES. 133 
 
 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 service 
 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 Brown- 
 ell's case must be governed, and the payments to him regulated, by 
 the rule prescribed in that section. It is expressly referred to, and 
 recognized, in the act granting the pension. The intention of Con- 
 gress is too clearly manifested to leave any room for doubt. It is 
 presumed that the reference to this officer grew out of the suggestion 
 in the letter of the Commissioner of Pensions, that the second section 
 of the act of the 16th of August, 1841, was virtually repealed by the 
 proviso of the act of 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 inopera- 
 tive ; and equally so, that it has been superseded in its application 
 to this case. It often happens in legislation, when there is no repeal- 
 ing 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 disincli- 
 nation 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 particular subject 
 have been embodied, and reduced to a system. The principle, 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 inconsistency, but no further. These views are sus- 
 tained by the highest judicial authority. (Wood vs. United States, 
 16 Pet., 862, 363 ; Dwarris, 675 ; 1 Kent's Com., 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 dui-ing 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 
 
134 NAYY INVALID PENSIONS. 
 
 the service while in receipt of the pay allowed to his grade, whether 
 on duty or waiting orders. [Opinion of Attorney-GeBeral. May 24, 1847.] 
 
 This opinion is reversed by the following one, so far as officers on 
 leave, &c., are concerned : — 
 
 " 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 receivp only so much on account of their 
 pensions as, added to their pay when so 'on leave,' &c., will amaijnt 
 to the pay of their grade when ' on duty.' " 
 
 That opinion was given on the 20th of August, 1841, and has 
 constituted one of the general regulations of the. Pension Office ever 
 since. The intention of Congress should goVern the case. It there- 
 fore 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 depart- 
 ment, 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- 
 enucting the phrase upon which it had been made. No rule of con- 
 struction 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 ar€ to be understood in the same sense." Few exceptions 
 exist to this rule when the words are applied to the same subjectr 
 matter. (7 Bacon, stat. I, 451.) 
 
 I deem it unnecessary to refer to other authorities which might be 
 cited in support of 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 wl^ere 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 unsafe 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 Con- 
 gress shall see fit to interfere. [Opinion of Attorniey-General, June 2, 1847.] 
 
 The question is, whether a paymaster can also draw an invalid 
 pension since the act of April 30, 1844. His title to receive his 
 
DECISIONS AND PRINCIPLES. IS'5 
 
 pensicm, in addition to hia pay, must, therefore, depend upon the 
 question -whether his employment is in "some civil branch of the 
 service." The service here spoken of is not " eivil service" of the 
 government, in its general sense. It is restricted to the military and 
 naval service. The proviso applies only to a " person in 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 ser- 
 vice," 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 com- 
 prehend an office, the duties of which axe, in their character, altoge- 
 ther civil. Such is the office of paymaster, whose employment is to 
 pay money and keep accounts — -whose duty is to deal -with pecuniary 
 matters, and whose qualifications are not necessarily military, but 
 «vil only. Such a construction, by every rule of law, must be put 
 upon this act, as to give some meaning to these words, and to carry 
 the intention of Congress into effect. And when it is considered 
 that the pension, in this class of cases, is given for a disability in- 
 curred in the service of the country, and had been already granted 
 to the pensioner before the act was passed, it would be necessary 
 that a clear intent to take it away should appear before that result 
 can be arrived at by those who are charged with the execution of the 
 law. [Opinion of Attorney-General, November 1, 1848. J 
 
 An act renewing certain naval pensions, and extending the benefits of existing pension 
 laws, respecting naval pensions, to engineers, firemen, and coal.heavers, in the na.V7, 
 and to their widows. 
 
 [Part of Sec, 1.] That the act aproved April 30, 1844, 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 lowest duty-pay. 
 
 [Approved, August 11, 1848.J 
 
 No. 6. 
 Arrears, to whom payable. 
 
 By a decision of Secretary Paulding, Commodore Porter, in Feb- 
 ruary, 1839, was allowed arrears of pension from 1803 to 1825, 
 which, however, he never drew. After his death his widow claimed 
 them. The decision of Mr. Secretary Paulding, upon the application 
 of Commodore Porter, is in the nature of a judgment rendered by a 
 tribunal of competent Jurisdiction, 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 
 
136 NAVT INVALID PENSIONS. 
 
 debt ; but it remains due, and can be discharged only by payment ta 
 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 govern- 
 ment 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. 
 
 [Opinion of Attorney-General, August 28, 1843.] 
 
 Sir : I have the honor to acknowledge the receipt of yours of the 
 9th ultimo, in which you sta,te that Hamlet Moore, a navy pensioner, 
 died on the 19th of October, 1838 ; that, under the act of Congress 
 of the 3d of March, 1837, for the more equitable administration of 
 the navy pension fund, he was entitled to arrears 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 pen- 
 sions 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 pen- 
 sion 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. 
 
 [Opinion of Attorney-General, March 23, 1839.] 
 
 The construction of the act of March 3, 1837, upon which this 
 decision was founded, has since been reversed but it leaves the prin- 
 ciple in force so far as arrears are concerned. 
 
 No. 7. 
 Pay of Quartermaster of the marines. 
 
 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-lieute- 
 nants, twenty second-lieutenants, one adjutant and inspector, one 
 
DECISIONS AND PRINCIPLES. 137 
 
 paymaster, one quartermaster, one assistant-quartermaster, one ser- 
 geant-major, &c. 
 
 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 he submitted to the Senate for their advice and con- 
 sent. It is quite clear, therefore, that C;iptain 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, vrhat was the monthly compensation of a quar- 
 termaster in the marine corps on the 1st day of January, 1835, the 
 period designated by the act of the 3d of March, 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, de- 
 clares " 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, as 
 the law stood on tie 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 in the line, to render him eligible as quar- 
 termaster. The President was equally competent to appoint a subal- 
 tern 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 pro- 
 vide 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." 
 
13-8 NAYT INVALID PENSIONS. 
 
 No. 3. 
 
 MARINES OF THE MEXICAN WAR 
 
 Joint resolution concerning certain portions of the marine and ordnance corps. 
 
 1. Resolved hy the Senate and Rouse of Representatives of the 
 United States of America in Congress assembled, That the officers, 
 non-eommissioned 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 remunera- 
 tion, 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 allowance. [Approifed, August 10, 1848.] 
 
 DECISIONS. 
 
 SiK : I have the honor to reply to your letter of th.e 10th instant, 
 requesting my opinion in the ease of James Orr, a sergeant in the 
 marine corps, "who was severely wounded at the storming of Chapul- 
 tepec, 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 ais a sergeant in the army, under the act of the 26th 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 reso- 
 lution 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-commissianed 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 nanied, and then these words are added, mean- 
 ing 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 ia 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 be 
 "entitled" to receive^ for disabilities of the highest degree, " eight 
 dollars per month " — that is, very clearly, as a remuneration for such 
 
APPLICATION FOR INCREASE OF PENSION. 139 
 
 disabilities. This would seem to have been the comprehensive mean- 
 ing 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-matter 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. 
 
 [Opinion of Attorney-General, Noveniber 21, ]848.] 
 
 FORM OF APPLICATION. 
 To the Commissioner of Pensions: 
 
 The memorial of the undersigned who was a in the 
 
 United States naval service, respectfully showeth : — 
 
 That your memorialist was born at in the State of ; 
 
 is years of age, feet inches high ; complex- 
 ion, eyes, hair. 
 
 That he entered the United States naval service at , on 
 
 and while attached to (a) and holding the rank of he was 
 
 disabled by (i) 
 
 That the same was incurred by him, in the performance of his duty ; and having 
 thereby been disqualified for the naval service, and disabled from obtaining his subsist- 
 ence by manual labor, he refers to the evidence filed (c) , and claims the 
 
 benefit of the laws granting navy pension , and that his pension may be 
 
 made payable at the navy pension agency, (d) 
 
 In the presence of < 
 
 Sworn and subscribed to, before me , on this ,.. 
 
 The memorial should be accompanied by the certificate of tbe 
 magistrate, or the affidavit of credible witnesses, showing the identity 
 of memorialist. 
 
 The official character of the magistrate must in every instance be 
 certified by the clerk of the county under his seal of office. 
 
 APPLICATION FOR INCREASE OF NAVY INVALID PENSION. 
 County of )^ 
 
 On this day of 18..., before me, , a 
 
 , personally appeared, , a resident of , who 
 
 being duly sworn, declareth that he is the same person in whose favor a certificate of 
 pension was issued on the day of 18..., under the signa- 
 ture and seal of the Secretary of the Interior, at the rate of dollars 
 
 cents per month, from the day ,18..., and which pen- 
 sion has been paid him to the day of , 18..., inclusive, at the 
 
 Navy Pension Agency. 
 
 That the disability for which the said pension was allowed was caused by 
 
 (a) State whether on board ship or in hospital, and at what place or station. 
 (6) State whether by wounds, injuries received, casualties incurred, or disease con- 
 tracted. 
 
 (c) Herewith, or already on file. 
 
 (d) Insert location of agency. 
 
140 NAVY INVALID PENSIONS. 
 
 in the line of his duty, while attached to the United States , and holding the 
 
 rank of , in the year 18..., and was graduated for disability 
 
 from manual labor; but that ^uoh disability having since increased, the said 
 
 , for the purpose of obtaining a corresponding increase of his pension, 
 
 requests that a Board of Survey may be ordered in his case, to be held at the United 
 
 States Naval Station at 
 
 Sworn and subscribed to before me, the day and year aforesaid, 
 
 The oath to be taken before a duly qualified magistrate, whose 
 ofiBcial character and signature must be certified by the proper officer, 
 under his seal of office. The County Clerk, Secretary of State, or 
 some other officer, must certify, under his seal of office, that the 
 officer who administered the oath is a Justice of the Peace, Judge, 
 Mayor, Alderman, or Notary Public, as the case may be, and that 
 the signature purporting to be his is genuine. 
 
 The oath must be supported by the testimony of some respectable 
 person, as to the pensioner's identity. He must swear that the 
 person who has taken the above oath, is the pepson described in the 
 affidavit. The magistrate must certify that the witness is a person 
 of veracity ; and the affidavit must also be authenticated in the 
 manner above directed. 
 
 In every case where the Clerk of the Court, or other certifying 
 officer, has no public seal of office, the certificate of a member of 
 Congress, proving the official character and signature pf the certify- 
 ing officer, should be sent with the papers. 
 
 Mode of authenticating papers. 
 
 In every instance where, the certificate of the certifying officer who 
 authenticates the papers is not written on the same sheet which con- 
 tains the affidavit, or other paper authenticated, the certificate must 
 be attached thereto by a piece of tape or small 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. 
 
PART y. 
 
 NAYY AND MARINE WIDOWS' AND ORPHANS' 
 
 PENSION. 
 
 No. 1. 
 ACT OF JANUARY 20, 1813, AND CONTINUATION. 
 
 An act providing navy pensions in certain cases. 
 
 Sec. 1. Be it enacted by the Senate and House of Mepresentatives 
 of the United States of America, in Congress assembled, 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 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 direc- 
 tion of the commissioners of that fund. [Approved, January 20, 1813.] 
 
 An act extending the term of half pay pensions to the widows and children of certain 
 ofBeers, seamen, and marine.s, who died in the public service. 
 
 Sec. 1. Be it enacted by the Senate and House of Mepresentatives 
 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 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 for the additional term of five years, to 
 commence at the end of the first term of five years, in each case, 
 
 (141) 
 
142 NAVY AND MARINE PENSIONS FOR WIDOWS, &C. 
 
 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 for the 
 reasons mentione'l in the said law. [Approved, March 3, 1819.] 
 
 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. 
 
 Sec. 1. Be it enacted iy 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 five years' half 
 pay to the widows and children of officers, seamen, and marines who 
 were killed in baittle, and 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 shall be further 
 extended for an additional terni 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 pen- 
 sions shall cease, for the causes mentioned in the laws providing the 
 
 same, respectively. [Approved, January 22, 1824.] 
 
 An act to provide for extending the term of certain pensions, chargeable on the Navy 
 and Privateer Pension Fund. 
 
 Sec. 1. Be it enacted hy the Senate and House of Mepresentatives 
 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 during 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 cur- 
 rent or last expired term of five years 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 pen- 
 sions shall cease for the causes mentioned in the laws providing the 
 same, respectively. [Approved, May 23, 1828.] 
 
 These acts are continued, so far as regards widows only, by the 
 following : — 
 
 An act further to extend the pensions heretofore granted to the widows of persons killed 
 or who died in the naval service. 
 
 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 widows and children of officers, seamen, and marines, 
 who were killed in battle, or who died in the naval service of the 
 
ACT OF JANUARY 20, 1813, AND CONTINUATIONS. 143 
 
 United States ; and, also, in all cases where provision has heen 
 made for extending the term for five j'ears, in addition to any tetm 
 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 ; whiah 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. [Approved, June 28, 1832.] 
 
 An act concerning naval pensions, and the Navy Pension Fund. 
 
 Sec. 1. Be it enacted by the Senate and Rouse of Mepresentatives 
 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 an- 
 other 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 ofiicers, seamen, and marines, who have died in the 
 naval service since the first day of January, one thousand eight hun- 
 dred 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 mar- 
 riage of such widow. [Approved, June 30, 1834.] 
 
 An act renewing certain naval pensions for tlie terra of five years. 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That the 
 pensions for the period of five years, which have been heretofore 
 granted out of the Naval Pension Fund, to the widows of ofiicers, 
 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 occa- 
 sion of disease contracted, or of a casualty by drowning or otherwise, 
 or of injury received while in the line of their duty, and which pen- 
 sions have ceased in consequence of the expiration of the period for 
 which they were originally granted, or for which they were subse- 
 quently 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 appropri- 
 ated : Provided, Tha-t every pension hereby renewed shall cease on 
 the death or intermarriage of the widow to whom the same is hereby 
 
 granted. [Approved, March 3, 1845.] 
 
144 NAYY AND MARINE PENSIONS FOR WIDOWS, ETC. 
 
 An act making appropriations for the payment of navy pensions lor the year ending 
 thirtieth June, eighteen hundred and forty-eight. 
 
 Sec. 2. And be it further enacted, That the provisions of the 
 act of 1845, chapter 41, 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 
 for another term of five years, to the persons entitled thereto, in the 
 same manner, and subject to the same conditions, as are in the said 
 act contained, and to commence from the time they may severally ex- 
 pire, and to be paid out of any money in the Treasury not other- 
 wise appropriated. [Approved, March 3, 1847-1 
 
 The following act again admits orphans as well as widows : — 
 
 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. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 of the United States of America in Congress assembled, That all 
 those widows and such child or children, as are now receiving a pen- 
 sion 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 thirty-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 expired : Provided, Such act ceased 
 on or after the first day of September, eighteen hundred and forty- 
 five, or may hereafter 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 the Treasury not otherwise appropriated, 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. * * * T}iat the 
 orphan child or children of the deceased parties shall have a pension 
 in case the widow has died after receiving 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. 
 * * * * [Approved, August 11, 1848.] 
 
ACT OF MARCH 4, 1814, AND CONTINUATIONS. 145 
 
 No. 2. 
 
 ACT OF MARCH 4, 1814, AND CONTINUATIONS. 
 
 An act giving- pensions to the orphans and wiaoMcs of persons slain in the public or 
 private armed Vessels of the United States; 
 
 Sec. 2. And be it further enacted, That if any seaman 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 hundred and twelve, by reason of a wound re- 
 ceived 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. " [Approved, Maioh 4, 1814. ] 
 
 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." 
 
 Sec. 1. Be it enacted by the Senate and Mouse 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, Dy virtue of the first section of an act passed 
 the fourth day of March, in the year eighteen hundred and fourteen, 
 entitled "An act giving pensions to the orphans and widows of per- 
 sons 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 pen- 
 sion 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. 
 
 [Approved, April 16, 1818.] 
 
 An act extending the terrei of half pay pensions to the widows and children of certain 
 ofEcersi seamen, and marines, who died in the public service. 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That in all 
 10 
 
146 NAVY AND MAEINE PENSIONS FOE WIDOWS, ETC. 
 
 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 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 desig- 
 nated by law ; and the said pensions shall also cease for the reasons 
 mentioned in the said law. [Approved, March 3, 1819.] 
 
 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. 
 
 Sec. 1. Be it enacted hy the Senate and Souse of Raprfisenta- 
 tives 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 shall be further ex- 
 tended 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. [Approved, January 22, 1824.] 
 
 An act to provide for extending the term of certains pensions, chargeable on the Navy 
 arid Privateer Pension Fund. 
 
 Sec. 1. Be it enacted ly the Senate and House, of Bepresentatives 
 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 during the last war ; and also in all cases where pro- 
 vision has been made for extending the term for five years in addi- 
 tion to any term of five years, the said provision shall be further ex- 
 tended for an additional term of five years, to commence at the end 
 of the current or last expired term of five years in each case respec- 
 tively ; making the provision equal to twenty years' half pay ; which 
 shall be paid out of the fund heretofore provided by law, and, the 
 said fiensions shall cease for the causes mentioned in the laws pro- 
 viding the same, respectively. [Approved, May 23, 1828.] 
 
 These acts were continued, so far only as widows are concerned, 
 by the acts of June 28, 1832 ; June 30, 1834 ; March 3, 1845 ; 
 March 3, 1847 ; and by the act of August 11, 1848, both to widows 
 and orphans — for all which acts see the preceding title. 
 
ACT OF MARCH 3, 1817, AND CONTINUATIONS. 147 
 
 No 3. 
 
 ACT OF MARCH 3, 1817, AND CONTINUATIONS. 
 
 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 of the United Slates." 
 
 Sec. 1. Be it enacted hy the Senate and Souse of Representatives 
 of tJie United States of America in Congress assembled, That if any 
 ofEcer, seaman, or marine, belonging to the Navy of the 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 re- 
 ceived, 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. 
 
 [Approved, March 3, 1817. 
 
 An act extending the terra of half pay pensions to the widows and children of certain 
 oiBcers, seamen, and marines, who died' in the public service. 
 
 Sec. 1. Be it enacted by the Senate and Souse 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 died of wounds received in battle, or who 
 died in the naval service of the United States, during the late war, 
 the sa,id 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 bylaw; and the said pensions shall also cease for the 
 reasons mentioned in the said law. [Approved, March 3, 1819.] 
 
 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. 
 
 Sec. 2. And be it further enacted, That, from and after the pass- 
 ing of this act, the act entitled "An act to amend and explain an act 
 giving pensions to the orphans and widows of persons slain in the 
 public or private armed vessels of the United States," passed March 
 
148 NAYY AND MARINE PENSIONS FOR WIDOWS, ETC. 
 
 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 pen- 
 sion 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 existence of the act hereby repealed, 
 
 as aforesaid. [Approved, January 22, 1824.] 
 
 Although the acts of March 3, 1817, and March 3, 1819, are re- 
 pealed by the act of January 22, 1824, yet any rights which accrued 
 under them are saved, and it may be that parties are now in existence 
 who have a right to their benefits. 
 
 No, 4. 
 ACT OF MARCH 3, 1837, AND CONTINUATIONS. ' 
 
 An act for the more equitable administration of the navy pension fiind. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 of the United Stqtes of America in Congress assembled, That if any 
 officer, seaman, or marine, have died, or may hereafter die, in the 
 nayal 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 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 twenty-one years. [Approved, March 3, 1837.] 
 
 An act to provide for the payment of navy pensions. 
 
 Sec. 1. * * * * * Provided, That all widows or children of all 
 naval officers, seamen, or marines, now deceased, and entitled to re- 
 ceive 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. [Approved, August 16, 1841.] 
 
 An act mailing an nppropriation to supply a deficiency in the navy pension fund. 
 
 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 thirty-seven, be, 
 and the same is hereby, repealed, from and after the first day of 
 July, eighteen hundred and forty-two. [Approved, August 23, 1848.] 
 
ACT OF AUGUST 11, 1848. 149 
 
 No. 5. 
 ACT OF AUGUST 11, 1848. 
 
 An act renewing certain naval pensions, and extending the benefits of existing lawa, 
 respecting naval pensions, to engineers, firemen, and coal-heavers in the navy, and to 
 their widows. 
 
 Sec. 1. Be it enacted hy the Senate and House of Bepresentativ'es 
 of the United States of America in Congress assemlled. That all 
 tbose widows and such child or children as are now receiving a pen- 
 sion 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 thirty-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 expired : Provided, Such act ceased 
 on or after the first day of September, eighteen hundred and forty- 
 five, or may hereafter 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 the treasury not otherwise appropriated, 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 deceasied parties, until they respectively arrive kt 
 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 ap- 
 proved thirtieth April, eighteen hundred and forty-four, shall not be 
 so construed as to exclude officers, seatoen, 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 lowest 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 t-each the age of sixteen years ; and that 
 any casualty by which an officer, seaman, or marine, has lost or may 
 lose his life Vrhile 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 he it further 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 engi- 
 neers, coal-heavei"S, 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 peri- 
 
150 NAVY AND MARINE WIDOWS* PENSION ACTS. 
 
 sion 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 foirward officer ; the pension of a fire- 
 man 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 coal- 
 heaver, 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 date. 
 
 Sec. 3. And be it further 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. [Approved, August 11, 1848.] 
 
 NAVY AND MAEINE WIDOWS' PENSION ACTS. 
 
 No. 1. 
 ACT OF JUNE 28, 1832, AND CONTINUATIONS. 
 
 An act further to extend the pensions heretofore granted to the widows of persons 
 killed, or who died in the naval service. 
 
 Sec. 1. Be it enacted hy the Senate and Mouse 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 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 ex- 
 tending 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 com- 
 mence 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, re- 
 spectively. 
 
ACT OF JUNE 30, 1834. 15i 
 
 Sec. 2. And he 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. [Approved, June 28, 1832.] 
 
 An act concerning naval peflsions, and the navy pension fund. 
 
 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. [Approved, June 30, 1834.] 
 
 This act is further continued by the acts of March 3, 1845 ; March 
 3, 1847 ; and August 11, 1848 ; which have been heretofore given, 
 under the act of January 20, 1813. 
 
 No. 2. 
 ACT OF JUNE 30, 1834. 
 
 An act concerning naval pensions, and the navy pension fund. 
 
 Sec. 1. Be it enacted by the Senate and Souse 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 hun-dred 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 hun- 
 dred 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 mar- 
 riage of such widow. [Approved, June 30, 1834.] 
 
 The provisions of this act were further continued by the acts of 
 March 3, 1845 ; March 3, 1847 ; and August 11, 1848, heretofore 
 given, by which latter act orphans are again included. 
 
jL52 NAVT AND MAKINE WIDOWS' PENSION ACTS. 
 
 ACTS IN SPECIAL CASES. 
 
 l!fo. 1. 
 
 DARTMOOR PRISONERS. 
 
 .An act .placing certain persons on the list of navy .pensioners. 
 
 .Sec. 1. Be it enaeUdhy the Senate and Mouse of Bepresmtatives 
 sf the United States of America in Congress assembled, That_ the 
 Seereteiry of the Navy be, and he is hereby, authorized and required 
 to place on the list of navy pensioners, those persons who were 
 wounded at Dartmoor prison, in England, in the month of April, one 
 thousftnd eight hundroi and fifteen; also, the widows and children 
 of *ueh as were killed, or who died in consequence of wounds received 
 there ; and that, in the allowance of pensions to the persons afore- 
 said, the regulations established hj law, in relation te the placing 
 persons on the list of navy pensioners, be observed. 
 
 Sec. 3. And be it further enacted, That this act shall be con- 
 strued to take effect from the sixth day of April, in the year one 
 thousand eight hundred and fifteen. [Approved, April 9, 1816.] 
 
 No. 2. 
 THE <5RAMPIJS. 
 
 An act for the relief of the widows and orphans of the officers, seamen, and marines, of 
 thp United States' schooner £>rampus, and for other purposes. 
 
 Sec. 1. Be it enacted by the Senate and House of Jiejoresentativea 
 (f 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 ■v^idows of the officers, seamen, 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 hun- 
 dred 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 officers, 
 seamen, or marines, shall have left no widow, or having 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 intermar- 
 riage 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 
 
PRINCIPLES AND DECISIONS. 153 
 
 ^ild 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 he it further enacted, That the proper accounting 
 officers of the Treasury Department be, and they are hereby, autho- 
 rized 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. 
 
 [Approved, June 15, 1844.] 
 
 PRINCIPLES AND DECISIONS. 
 
 No. 1. 
 
 Over-payments, when to he retained. 
 
 Assuming 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, inas- 
 much as the tribunal to whom the construction of these laws was con- 
 fided 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 comp*etent 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 com- 
 mitted, 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 J 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 govern- 
 ment 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. 
 
 [Opinion of Altoriiey-Greneral, October 24, 1839.] 
 
 The act for the relief of the widows and orphans of the officers, 
 seamen, and marines of the sloop-of-war Hornet, fixes the 10th day 
 of September last as the day up to which their arrears of pay should 
 be calculated. Any moneys advanced for pay supposed to have 
 accrued after that period, were advanced by mistake, and may be 
 recovered. The same act gives to the widows, children, parents, &c., 
 a sum equal to six months' pay of their respective deceased relatives. 
 
154 NAVT AND MARINE -WIDOWS' PENSION ACTS. 
 
 Where over-pay has been advanced to the same parties entitled to 
 this bounty, they are both debtors and creditors to the United States. 
 In such cases, the right of retainer, by deducting the amount 
 advanced, would seem to be allowable. But when the money was 
 advanced to a person other than the one entitled under the provisions 
 of the act to the bounty which it allows, such deduction cannot be 
 permitted. Even against the right of retainer in the first place,. it 
 may be urged that Congress has provided expressly for the exercise 
 of this right in certain cases, not including that under consideration ; 
 but it seems to me that these provisions may be considered as direc- 
 tory, and for the enforcement of a principle of retainer which exists 
 
 independently of them. [Opinion of Attorney-General, June 4, 1830.] 
 
 No. 2. 
 Pension claim is a vested right. 
 
 The case and question submitted for my opinion are the following : 
 " During the late war a person lost his life on board a private armed 
 vessel, while acting in the line of his duty, leaving a widow, and chil- 
 dren under the age of sixteen years. By the acts of Congress on 
 the subject of pensions, the widow was entitled to a monthly allow- 
 ance from the privateer pension fund. She omitted, however, pre- 
 ferring 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. 
 
 " Question. — Is the applicant, having ceased to be the widow, 
 legally entitled to receive a pension for the interval between the death 
 of her former husband and her second marriage ?" 
 
 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 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 continues to live 
 the widow of her deceased husband ; and not defeated by her subse- 
 quent intermarriage, except from the time at which such intermar- 
 riage takes place. [Opinion of Attorney-General, June 9, 1825.] 
 
 A woman after her marriage, or rather her husband in her right, 
 may receive that portion of the pension which grew due during her 
 widowhood ; but all the laws discontinue the pension on her marriage. 
 
 [Opinion of Attorney-General, July 22, 1828.] 
 
PRINCIPLES AND DECISIONS. 155 
 
 Althougli the observations made by the Attorney-General in his 
 opinion of June 9, 1825 Isupra], 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 to other cases. 
 
 He 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 circum- 
 stances. 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 factVhether they stand in need of it or not. Nor 
 is there any condition annexed to the promise, that the money shall 
 be paid^ if applied for in a given time, or in a given 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." 
 
 [Opinion of Attorney-General, April 5, 1836.] 
 
 No. 3. 
 Children, how long entitled, 
 
 The uniform practice, I understand, has been to discontinue the 
 pension after the child had reached the age of sixteen ; and although 
 the laws do not expressly declare that it shall be so, yet the manifest 
 policy and reason of the provision, and the uniformity of the limit of 
 sixteen years in every act, would seem to justify the construction 
 which has thus practically been put upon the laws, as giving the 
 sense of Congress. [I''-] 
 
 No. 4. 
 Half Mood. 
 
 The civil law of the Roman empire admitted the half blood to an 
 equal participation in the inheritance with the whole blood, prior to 
 the novel ordinance of Justinian, which allowed them to inherit 
 only on failure of whole blood. The half blood is entirely excluded 
 by the law of England ; but this is the result of an extremely artifi- 
 cial rule of evidence. 
 
 This English rule of evidence is inapplicable to the condition of 
 things in the United States, and the principle which flows from it 
 has, consequently, been disregarded. As, however, the regulation 
 of descent belong to the different States, the legislation on this subject 
 is various and conflicting. The tendency of legislation in the differ- 
 ent States has been, to restore the half blood to the rights from which 
 they were excluded by the civil law and by the law of England. 
 
156 NATT AND MARINE WIDOWS' PENSION ACTS. 
 
 The fund to be distributed is a bounty of the government, awarded 
 for faithful service, and for the sacrifice of life in the discharge of 
 pdblic duty. The colMeral relatives of the half blood are, in iny 
 Opinion, entitled to participate equally with those of th« whole blood. 
 
 [Opinion of Attorney-General, November 19, 1830.] 
 
 No. 5. 
 ^ate of pension. 
 
 The law takes the half pay of the dece^sfed ofBcer> seaman, or 
 marine, as the measure of his pension, so that twenty years' pension 
 cannot exceed twenty years' half pay. 
 
 [(pinion of Attorney :Geher'al, July 32, 1828.] 
 
 The act of March 3d, 1817, prOvidesi, that if any officer belonging 
 to the navy of the United States shall die in consequence of disease 
 contracted, or of casualties or injuries received, while in the line of 
 his duty, &c., leaving a widow, such widow shall be entitled to receive 
 " half the monthly pay to which the deceased was entitled at the time 
 of his death," to continue for the term of five years, &e. 
 
 This law 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 regulating 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 sinde 1817, the principle would be the 
 same ; the language of the act of 1817 being such as to accommodate 
 itself to the monthly pay, whatever it may have been, to which the 
 deceased officer Was entitled at the time of his death. 
 
 Until the enactment of the late act " to rfegulate the pay of the 
 navy of the United States," passed March 3d, 1835, captains in the 
 navy were 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 the new provision inserted in the act of 1835, which virtually 
 repeals all former laws on the subject, and adopts the principle of 
 towMaZ instead of monthly pay; fixing that of captains in command 
 of squadrons on foreign Stations at four thousand dollars. To this 
 annual pay Commodore Henley, as I understand, was entitled at th6 
 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 of this 
 sum per year, or the twelfth part of it per month, as her pension. 
 On the other hand, the Secretary of the JNaVy is of opinion that the 
 act of 1835 was passed without any reference to pensions, and haS 
 decided that, until Congress otherwise direct, pensions mast be granted 
 according to the mohihiy pay to which the officer Was entitled, hf 
 law, at the time When the act grafting such pehsions was passed. It 
 is upon this decision, from which Mrs. Henley has appealed to the 
 Presidept, that my opinion is required. 
 
PRINCIPLES AND DECISIONS. 157 
 
 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 think it very certain that 
 Congress, in passing the act of 1835, intended to raise the pay proper 
 to naval oflBcers ; and, so far as this was intended to be 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 annually, and that it is 
 spoken of as annual pay, does not, in my judgment, prevent the 
 application of the rule given by the law of 1817, provided it be prac- 
 ticable to ascertain the precise amount of pay proper given by the 
 new law. The pension law of .1817 seems to have been framed with 
 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 from other circumstances ; and therefore expressly provides 
 that the pension shall be, not " one-half of the monthly pay given 
 and established by the laws now in force" (which is the construction 
 adopted by the Secretary of the Navy), but " one-half the monthly 
 pay to which the deceased was entitled at the time of his death." 
 We are, therefore, as it seems to me, obliged to resort to the law of 
 1835, by which Commodore 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. 
 
 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 ob- 
 vious, from the history of this law, and from its, provisions, that Con- 
 gress intended to include in the gross sum fixed by it, not only a cer- 
 tain amount of pay proper, (considerably increased beyond the 
 monthly pay given by the former law,) but also to embrace an allow- 
 ance 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 thou- 
 sand 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 second 
 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. 
 
 Henlev [Opinion of Attorney-General, July 20, 1835.] 
 
 The act of 1835 allows one ration per day, besides the annual pay ; 
 but all the rations allowed by previous acts are merged in the gross 
 sum given for annual pay, and should therefore be deducted, together 
 
158 NAVY AND MARINE "WIDOWS' PENSION ACTS. 
 
 with the other perquisities so merged, in order to ascertain what was 
 really intended to be allowed for pay proper. 
 
 [Opinion of Attorney-General, August 17, 1835.] 
 
 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 the 
 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 pen- 
 sion accordingly. [Opinion of Attorney-General, April 27, 1839.] 
 
 The monthly pay on the 1st January, 1835, governs the rate of 
 pension, and not the increased annual pay given by the act of 
 
 March 3, 1835. [Secretary of the Interior, case of Sarah Mersereau.] 
 
 This decision, made by the present Secretary, overturns the one 
 made by the Attorney-General, on the 20th July, 1835, given above. 
 
 No. 6. 
 Arrears, to whom payable. 
 
 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 mar- 
 riage. The woman had no children." 
 
 On this case you inq-uire — 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. 
 
 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 
 at 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 
 
PRINCIPLES AND DECISIONS. 159 
 
 American States ; though in Maryland, and perhaps in some other 
 States, the husband has been relieved from the necessity of taking 
 out letters of administration. 
 
 [Opinion of Attorney-Genera!, April 5, 1835.] 
 
 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 ^^siich ividow" — that is, the widow left by the decedent, and 
 the widow of the decedent — who is entitled. Mrs. Timberlake, 
 having remarried, can therefore claim no benefit under the act. 
 
 "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 attaining the ago of twenty-one years. 
 
 [Opinion of Attorney-General, April 7, 1837.] 
 
 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 fourth 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. 
 
 [Opinion of Attorney-General, April 11, 1837.] 
 
 I have the honor to inform you, that if (as I understand is the 
 fact) the steward serving on board a ship-of-war 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 seaman, within the pension laws, so as to en- 
 title his widow to a pension. In the particulars stated, such a case 
 is entirely distinguishable from that of the hospital steward to which 
 
 VOU refer [Opinion of Attorney-GencrEil, November 18, 1837.] 
 
 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 pen- 
 sion 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. 
 
 [Opinion of Attorney-General, March 23, 1839.] 
 
 No. 7. 
 Special acts. 
 
 It is very possible that the Congress which passed the_ act of 
 March 2, 1821, (a special act in Mrs. Perry's favor,) may, in point 
 of fact, have been ignorant of the act of March 3, 1817, and of the 
 rights of Mrs. Perry under it. But the legal presumption is directly 
 
160 NAVY AND MARINE WIDOWS* PENSION ACTS. 
 
 the reverse ; and as there is. nothing in the act of 1821 to exclude 
 Mrs. Perry from the benefits of the former law, or to limit her in 
 the enjoyment of the rights vested in her thereby, I do not see upon 
 ■what principle it can now be done. I am accordingly of opinion 
 that the act of 1821 is to be regarded as a grant to her and her 
 family, over and above her pension under the act of 1817. 
 
 [Opinion of Attorney-Generalj November 3, 1836.] 
 
 It is assumed, in your statement of the case, that Mrs. Decatur 
 would be entitled to the pension granted by the act of the third ulti- 
 mo, "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 from that of Mrs. Perry, referred to in the note 
 of Mrs. Decatur, accompanying your letter^ inasmuch as the law un- 
 der which Mrs. Perry ultimately obtained her pension was in exist- 
 ence at the time of his death ; at which time she was also entitled 
 (although not aware of the fact) to its benefits. I held, in her case, 
 that the law granting her annuity (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 intendment must be that the annuity was designed as an addi- 
 tional 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. 
 
 [Opinion of Attorney-General, April 11, 1837.] 
 
 One entitled to a pension, both under a general law and a special 
 act, must elect between them, and, having made the election, is 
 
 bound by it. [Secretary of the Interior, case of Mary A. Tliompson.] 
 
 No. 8. 
 Twenty years' service. 
 
 Doctor Page was commissioned as a surgeon in the navy in 1811; 
 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 sur- 
 geon 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 entitled to a pen- 
 
PRINCIPLES AND DECISIONS. 161 
 
 sion at all ; and, in my judgment, the law will not warrant the taking 
 mto view his services under the first commission, in computing the 
 time which is to determine the amount of the pension of his widow. 
 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. 
 
 [Opinion of Attorney-General, June 1, 1839.] 
 
 No. 9. 
 
 Suicide. 
 
 Suicide in a fit of insanity, superinduced by disease contracted in 
 the line of his duty, entitles the widow to a pension. 
 
 [Secretary of the Interior, case of R. G. Cooper.] 
 
 No. 10. 
 Construction of Acts. 
 
 Acts of January 20, 1813; March 4, 1814; March 3, 1817; May 23, 1828; and 
 
 June 28, 1832. 
 
 Considering the force of the word ^'■officer" in the act of January 
 20, 1813, and of the word '■'■'belonging" in the second section of the 
 act of March 4, 1814, I am of opinion that, in the true construction 
 of the acts in question, the death must take place while the party is 
 in service. If he dies after his discharge, it is not " an officer of the 
 navy or marines," nor "an officer, seaman, or marine, belonging to 
 the navy of the United States," who is killed or dies; but a person 
 who has been such officer, seaman, or marine. The idea that the 
 death must have occurred in the service, was evidently entertained 
 by Congress, when they passed the continuing acts ot May 23, 1828, 
 and June 28, 1832, which may be regarded as a legislative construc- 
 tion of the acts of 1813 and 1814 ; and when, in addition to this, we 
 have the express provision of the act of March 3, 1817, confining the 
 death to the period of service, I am now satisfied, (though I confess 
 I see no great justice in such restriction,) that these acts were in- 
 tended to be confined in the same way. 
 
 [Opinion of Attorney-General, July 1, 1838.] 
 
 Acts of January 20, 1813; March 4, 1814; March 3, 1817; March 3, 1819; and 
 January 22, 1824. 
 
 With regard to public armed vessels. — The act of January 20, 
 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 nr children, shall be entitled to receive 
 half the monthly pay," cS' i have given the punctuation of this act 
 as it stands printed in tlic fourth 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 ma- 
 ll 
 
162 NAVY AKD MARINE WIDOWS' PENSION ACTS, 
 
 rines 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 
 bis 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 fhe line of Ms 
 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 punctua- 
 tion is, in my opinion, erroneous, and throws a false construction 
 upon the 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 bat- 
 tle or in storm, by wounds or drowning, or any other cause growing 
 out of their duty, and inflicting death. Now, according to this con- 
 struction, 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 in- 
 dicated, 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 March 4, 1814, 
 " giving pensions to the widows and orphans of persons slain in the 
 public. and private 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 shall die ; or, if any officer, seaman, or 
 marine, shall have died since the 18th day of June, 1812, by reason 
 of a wound received in the. line of his duty, leaving a widow," ka. 
 So that this act makes no provision for the case of officers who should 
 
PRINCIPLES AND DECISIONS. 163 
 
 he slain thereafter: the whole provision /or tU future 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 reason 
 of wounds received in the line of their duty ; — language too pre- 
 cisely 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 and 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 condition under 
 the act of January 20, 1813, except so far as it looks back before 
 that act, up to June 18, 1812. For the act of January 20, 1813, 
 was entirely prospective, and consequently made no provision for the 
 case of officers who had been killed theretofore since the day of the 
 declaration of war, (June 18, 1812.) This omission is supplied by 
 the act of March 4, 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 thc/Case of those who had been drowned in that interval. 
 But after January 20, 1813, the act of that date took eifect 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 March 4, 1814, 
 either expressly or impliedly ; for there is no express repeal, and no 
 incompatibility between the provisions of the two acts — the act of 
 March 4, 1814, only repealing one of the provisions of the act of 
 January 20, 1813, leaving the other cases provided for by that act 
 untouched ; and the act of March 4, 1814, dealing only with the 
 past cases of officers, and making no provision for future cases, but 
 leaving the future to stand solely upon the provisions of the act of 
 January 20, 1813. But whatever doubt may have existed as to the 
 construction of the antecedent acts, seems to have been removed by 
 the act of March 3, 1817, passed for the express purpose of amend- 
 ing and explaining the act of March 4, 1814, as its title declares ; 
 and produced, no doubt, by the case of the Epervier, — the recent 
 knowledge of whose loss had awakened a strong feeling of sympathy 
 in the community, as is evinced by the act of the same date, for the 
 temporary relief of the widows and children of those who had been 
 lost in that vessel. 
 
 The act now under consideration provides that if any officer, sea- 
 man, or marine, belonging to the navy of the United States, shall 
 die, or shall have died, since the 18th day of June, 1812, in conse- 
 quence of disease contracted, or of casualties or injuries received, 
 while in tlie line of his duty, and which shall be satisfactorily proved 
 
164 NAVY AND MARINE WIDOWS' PENSION ACTS. 
 
 to the Commissioners of the Navy Pension Fund, leaving a widow, &c. 
 The cases put in the three questions appear to me to be clearly 
 and completely covered by this law, so far as officers, seamen, or 
 marines, belonging to the navy of the United States, are concerned ; 
 for those are all cases of persons who had died while in the line of 
 their duty, and who had died in consequence of casualty which had 
 occurred while in the line of their duty. 
 
 If any doubt could fairly arise as to the intention of the Legisla- 
 ture in the use of language so broad and general as this, it would 
 seem to be removed by subsequent laws, where a different phraseology 
 is adopted to express the understanding of Congress as to the effect 
 of this law, and to continue this effect. 
 
 Thus, the act of March 3, 1819, is entitled "An act extending the 
 term of half pensions to the widows and children of certain officers, 
 seamen, and marines, who died in the public service." And the first 
 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 the 
 late war, the said provisions shall be continued," &c. 
 
 So, also, the act of January 22, 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 public service." 
 
 And the first 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, seamen, and marines, who were killed in battle, 
 or ivho died in the naval service of the United States during the late 
 war," &c. 
 
 This general language — "ipAo died in the public service" and 
 "w)Ao died in the naval service of the United States " — more espe- 
 cially when taken in connexion with the other classification contained 
 in the act of March 3, 1819, can have no application to any antece- 
 dent act, except that of March 3, 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 occur- 
 ring in the line of their duty ; and thus to present an affirmative 
 answer to all three questions submitted for my opinion. 
 
 These questions are confined to the period between the 18th 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 prospec- 
 tively. And although it is repealed by the 2d section of the a#t of 
 22d January, 1824, yet there is a saving of all pensions granted, and 
 all rights which had accrued under it. 
 
 [Opinion Attorney-General, March 31, 1835.] 
 
 Acts of January 20, 1813; March 4, 1814; March 3, 1817; March 3, 1819 ; January 
 22, 18S4; and May 23, 1828. 
 
 The act of January 20, 1813, is the first which makes provision 
 for the widows and children of officers, seamen, or marines ; and it 
 provides for the widows and children of officers of the navy or ma- 
 
PRINCIPLES AND DECISIONS. 165 
 
 nnes who shall he hilled or die hy reason of wounds received in the 
 line of their duty. This law, though passed during the war, takes 
 no notice of the fact. It is not limited to the war. It does not look 
 back to the beginning of the war. It is solely prospective, and it is 
 permanent ; but it is limited to the widows and children of officers. 
 
 The act of March 4, 1814, in its 2d section, cures the omissions 
 of the act of 1813, and extends the benefit of the pension fund to 
 the widows and children of seamen and marines who shall die, and 
 to those of any officer, seaman, or marine, who shall have died since 
 the 18th June, 1812, by reason of any wound received in the line 
 of his duty. The objects of the law were manifestly to place the 
 widows of seamen and marines, prospectively, on the same ground 
 on which the act of 1813 had placed the officers alone ; and its fur- 
 ther object was to give the whole body all the retrospective benefits 
 of the same provision, back to June 18, 1812, the day of the date 
 of the declaration of the late war. The law is thus retrospective to 
 June 18, 1812 ; but, prospectively, it is permanent. It is not, there- 
 fore, limited to those who shall be killed or die of wounds during the 
 war. It takes no notice of the war, further than to carry back the 
 provisions to June 18, 1812 ; the reason of which date we are to 
 learn from another law, which shows us that the war was declared on 
 that day. 
 
 The laws of 1813 and 1814, then, making properly one law, and 
 
 presenting a system of pensions commencing June 18, 1812, are 
 
 prospective and permanent from that day. But it is proper to ob- 
 
 ■ serve, distinctly, on this law of 1813-'14, (considering them, as they 
 
 ought to be considered, as one law,) — 
 
 1. That it is not confined to cases of persons killed in battle, or 
 dying of wounds received in battle, but that its provisions extend to 
 the representatives of all who shall die, or shall have died, by reason 
 of a wound received in the line of their duty. Thus, a death in- 
 flicted by the falling of a mast in a storm would bring the case as 
 clearly within the laws as a death inflicted by battle. 
 
 2. That it is not confined to persons killed or dying of wounds 
 during the late war, or during any future war. The 18th of June, 
 1812, is referred to, only for the purpose of fixing the commencement 
 of the act. But that point given, the law applies equally to all per- 
 sons killed or dying of wounds received in the line of their duty, 
 whether in peace or in war, through all futurity, so long as the act 
 shall be suffered to stand as a permanent one. 
 
 The practical construction given by the commissioners of the navy 
 fund to these laws was, I believe, that which their language most 
 obviously imports, to wit : that the pensions were confined to the 
 widows and children of those who had been killed, or who had died 
 of wounds received in the Une of their duty. 
 
 But Congress seems to . ive thought that there were other persons 
 equally entitled to the benefit of that fund ; and hence the law of 
 March 3, 1817. 
 
 This law accordingly extends the benefit of that fund to the widows 
 and children of officers, seamen, and marines, who shall die, or who 
 
166 NAVY AND MARINE WIDOWS PENSION ACTS. 
 
 shall have died since June 18, 1812, in consequence of diseases coti- 
 trOeted, or of casualties or injuries received while in the line of theit 
 duty. This law, like that of March 4, 1814, looks tack to the be- 
 ginning of the war : and like that, too, it looks forward, not to the 
 end of the war, but permanently. 
 
 We have now two classes of pensioners, placed predisely oft the 
 same footing : 
 
 1. The representatives of those who have been killed, or who have 
 died of wounds received in the line of their duty, tinder the act of 
 1813-'14. 
 
 2. The representatives of those who had died in consequence of 
 disease contracted, or of casualties or injuries received in the line of 
 their duty., hy the act of 1817. 
 
 Both classes standing upon the satne date — June 18, 1812; both" 
 classes standing on the same permanent provisions ; both classes 
 standing on the same rate of pensions — ^to wit, the half pay for 
 five years. 
 
 Nfext in order came the act of March 3, 1819, which demands pair- 
 ticular attention ; for, on the correct construction of this act depends, 
 I think, the answer to the question we are considering. 
 
 The words of the act are these : " That in all cases where provi- 
 sion 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 navcCl 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." 
 
 The question is, whether it was the intentron of this law to con- 
 tinue the benefit of the pension fund to both the elasses above men- 
 tioned, or to the class only who had been provided for by the law of 
 1813-'14? 
 
 To me, it is very apparent that it was to continue as to both. For 
 if the intention was to limit it to those who were hilled in battle, or 
 had died of wounds received in battle, (the class provided for by the 
 acts of 1818-'14,) why are the words added, " or who died in the 
 naval service of the United States?" These emphatic words become 
 senseless, unless they are understood as pointing to a class distinct 
 from that which had been previously mentioned ; and there was no 
 other class to which they could possibly point, but that created by 
 the law of 1817. To be sure, the description is not so expanded as 
 it is in the act of 1817, by the addition of the wor^s, "of disease 
 contracted, or of casualties or injuries received, while in the line of 
 their duty." Nor was this at all necessary to manifest the intention 
 of Congress ; because the first description, of " those who had been 
 killed in battle, or had died in consequence of wounds received in 
 battle," clearly contemplated the class provided for by the act of 
 1818-'14. The turning to another and distinct class, who had also 
 been provided for — to wit, those who had neither been killed in battle, 
 nor had died in consequence of wounds received in battle, hut who 
 
PRINCIPLES AND BECISIONS. liS^ 
 
 had nevertheless died in the naval service of the United States, indi- 
 cated necessarily the «lass which had heen provided for by the act 
 of 1817 ; there being no other elass which had been provided for. 
 
 With regard to the words, during the late war, they prove nothihg, 
 ■with reference to the first point, either way; for the opei^ation o'f the 
 law of 1813-'14 was not more limited to the late wair than the act 
 of 1817. In this respect, as has been shown, the laws were exactly 
 upon the same footing, having precisely the same commencement — 
 June 18, 1812 ; and the same duration^ being bdth of them perma- 
 nent. These words, therefore, are jast as ineffectaal to 8h6\V the 
 intention of Congress to he limited to the one law as the other. As 
 a descriptive circumstance of an existing law, they are just as appli- 
 cable to the one law as to the other. In truth, they are not applica- 
 ble to either as a descriptive circumstance of an existing law ; for 
 neither law had linrited the benefit of its provisions to the representa- 
 tives of those who bad either heen killed or had died during the 
 late war. 
 
 The argument which woiM rest upon tliese Words to show that the 
 act of 1819 meant to continue only the provision which had been 
 made for the benefit of those who had been killed or had died of 
 wounds received during the late war, must show that there was suck 
 a provision, to which ahne these words could apply. But we have 
 seen that there was no such provision; but, on the contrary, the 
 provision alluded to extended not only over the war, but over the 
 peace which followed it, and over all futurity, till it should be re- 
 pealed. And as to the act erf 18i3-'14 covering the period of the 
 war, so also does the act of 1817^ 
 
 In short, I cannot surmount the circumstance of a second class 
 being distinctly introduced in the act of 181^., after the class covered 
 by the act of 1813-'14 had been already provided for. The words 
 which introduce that second class are presented too emphaticaHy, and 
 are too important in themselves, to be rejected as surplusage. It is 
 against one of the best established rules of construction of statutes 
 to consider as inoperative words which are manifestly intended to 
 have an operation, and which have a sensible subject on which they 
 can operate. The rule is, ttat every word shall take effect if it can ; 
 and here these words take effect. There was a elass of persons on 
 whom they could operate — a class for which Congress had a,lready 
 shown so much regard as to place them on the same footing with the 
 first class under the act of 1813-14. Not only was ihere a cl^s on 
 whom these words could operate, but it was the only class in whose 
 favor they could operate ; the first class having been already covered 
 by the previous part of the section, and there remaining no other 
 class to which these words could have any possible application, but 
 the class described in the act of 1817. I find myself eonstrained, 
 therefore, to concur in the opinion which I see expressed m the 
 margin of the act of March '3, 1817, as printed in the 6th volume 
 of the Laws of the United States, that the act " was extended b|y 
 the act of 1819," But I do not think that the act of 1819 gives the 
 additional five years to the whole either of the first or second class. 
 
168 NAVY AND MARINE WIDOWS' PENSION ACTS. 
 
 With regard to the first class : the act of 1813-14, according tO" 
 my construction of it, provides 'for all who had been killed or died of 
 ■wounds received in the, line of their duty, whether in battle or not in 
 battle — whether in peace or war. 
 
 But the act of 1819, in its operation on this class, gives the addi- 
 tional five years to those only who had been killed in battle, or had 
 died of wounds received in battle ; and that, too, during the war. 
 
 So in regard to the second class created by the act of 1817 : thait 
 act provided for all who had died or should die of disease contracted, 
 or casualties or injuries received while in the line of their duty, from 
 June 18, 1812, through all futurity, till this act should be repealed. 
 
 But the act of 1819, in its operation on this class, gives the addi- 
 tional five years to those only who had died in the naval service 
 during the late war. 
 
 Thus, while it continues partially the provisions which had been 
 made for both classes, this act of 1819 places limits on both, and 
 confines the additional five years to portions only of each general 
 class, in the manner which has been stated. 
 
 My reading of the act of 1819 is, that it gives the additional five 
 years — 
 
 ft 1. To the widows and children of such of the officers, seamen, and 
 marines, provided for by the act of 1813-'14, as had been killed in 
 battle, or had died of wounds received in battle, during the late war. 
 
 2. To the widows and children of such of the officers, seamen, and 
 marines, provided for by the act of 1817, as had died in the naval 
 service during the late war, in consequence of disease contracted, or 
 of casualties or injuries received, while in the line of their duty. 
 
 Thus the broad construction which the acts of 1813-'14 and 1817 
 present upon their faces, and which they must have received, and 
 still must receive (except so far as repealed) on an original applica- 
 tion for a- pension under them, becomes narrowed by the operation 
 of the act of 1819, so far as the additional five years is concerned, 
 and no farther. 
 
 Such is my construction of the act of 1819. 
 
 The next act in order is that of January 22, 1824. This act is 
 composed of two sections. The first is this : 
 
 Be it enacted, &c.. 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 Mlled 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 of 
 five years, in addition to the first term of five years, the said provi- 
 sion shall be further extended for an additional term of five years, to 
 commence at the end of the second term of five years, in each case, 
 retrospectively, making the provision equal to fifteen years' half pay." 
 
 It IS observable that the same recognition of the two classes of 
 pensioners on which I have already remarked, under the act of 1819, 
 IS here still kept up, and five years of additional pension is added to 
 both. 
 
 It is further observable that the first class is here again, in the first 
 
PRINCIPLES AND DECISIONS. 169 
 
 instance, narrowed. According to the act of 1819, a person dying 
 after the late war, of a wound received in battle during the war, 
 would tjave clearly presented a case within the act. Is 'it so under 
 the act of 1824 ? 
 
 The words of the act of 1819 are, "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 words, "during 
 the late war," I understand as applicable to both classes; and they 
 are to be used as belonging equally to both classes. 
 
 Then the first class, as described by the act of 1819, is this : 
 " Those who were killed in battle, or died of wounds received in 
 battle, during. the late war." "While, under the act of 1824, the first 
 class is described thus : " Those who were killed in battle during the 
 late war," omitting those who died after the war, of wounds received 
 in battle during the war. 
 
 Whether this omission was designed or not — whether it could have 
 been supplied by construction — or what would have been the eSect 
 of this description, had it stood alone — it is needless to inquire ; 
 because the acf of 1824, after thus describing the classes, cures all 
 omissions by adding, "And also in all cases where provision has been 
 made for extending the term of five years, in addition to the term of 
 five years." This is an adoption of all who have been provided for 
 by the act of 1819 ; and five years additional were now given by the 
 act of 1824, to all who were embraced by the act of 1819. So that, 
 if I am right in my construction of the act of 1819, that portion of 
 the second class who died in the naval service during the late war, 
 in consequence of disease contracted, or casualties or injuries received, 
 while in the line of their duty, are again provided for by the act of 
 1824, and another five years is given them. 
 
 Such is my construction of the first section of the act of 1824. 
 
 The second section of that act repeals the act of March 3, 1817. 
 What is the effect of this repeal ? Simply to destroy its original 
 character as a prospective permanent law, from the day of the repeal. 
 Up to the day of its repeal, it was an existing law, and in its charac- 
 ter permanent. Up to that time it covered all deaths from the 
 causes it enumerates, from June 18, 1812. The rights which it gave 
 through that whole period were vested rights ; and were not divested, 
 nor proposed to be divested, by the repeal of the law. 
 
 I hold, therefore, that in all cases where officers, seamen, or 
 marines, have died in the naval service of the United States, between 
 June 18, 1812, and June 22, 1824, in consequence of disease con- 
 tracted, or disabilities or injuries received in the line of their duty, 
 the widow and children of such deceased are entitled to the five years' 
 pension given by the act of March 3, 1817. From January 22, 1824 
 (the date of the repeal), no death from these causes could give the 
 widow ind children any such right. But this was the whole eff'ect 
 of the repeal ; it left the rights already vested under the act of 1817, 
 in full force ; and it does not profess to repeal the act of 18l9, which 
 had already taken up and provided for a portion of these pensioners 
 (the representatives of those who have died in the naval service during 
 
170 NAVY AND MARINE WIDO-WS' PENSION ACTS. 
 
 *fe late war) ; nor to impugn tke first section of this act ■(1824), 
 which had already continued the provisions of the act of 1819. So 
 that, if 1 am right in tny constr'uction of the act of 1819, that it 
 covered this portion of these pensioners ; and of the first section of 
 the act of 1824, that it contStiued this cover — the repeal of the aot 
 of 1817 leaves them untouched; because their new rights for the 
 additional five years did not depend on that act (1817) at all, Isut 
 solely on the acts of 1819 and 1824. 
 
 We come now, lastly, to the act in (question ^ — that of May 2S, 
 1828 ; the first section of whicli is word lor word with the first section 
 of the act of 1^24, mutatis mutandis. So that my construction of 
 tie first section of the act of 1824 is my constraction of tte first 
 section of the act of 1828. And the soundness of the -whole opinioa 
 depends on the construction of tlie act of 1S19, which I consider the 
 hinge of the controversy. 
 
 The 'first section of the act of 1828 4oes hot extend all j>rovisio'ns 
 given by the law of 1814, but ■S'ach part of them only as, undef the 
 operation of tha;t act, had been assigned or belonged to the widoiSr 
 and children of those ofiicers, searmeta, and marines, who had been 
 killed in battle, or who had died of *ou»ds received in battle during 
 the late war. 
 
 And so far, and so far only, as the awt of 1817 operated to give 
 pensions to the widows and children of officers, seamen, and marines, 
 who died in the naval service chcrinff the late war, in conse^ztinee of 
 disease contracted, and casualties and injuries received in the iin& 
 of their duty, these provisions have *been regulai-ly and Buccessiveiy 
 continued by the acts of 1819, 1824, aiad 1828 -; and are, conse- 
 quently, so far embraced by the first section of the last mentioned 
 
 act. [Opinion of Attomey--Geijepal, July 22, 1828.!] 
 
 Acts of 1813, 1814, 1817, 1819. 
 
 The act of 1813 provides that a pension shall be allowed to the 
 widow, and, if there be nowidow,tothe child or children (being under 
 sixteen years of age) of any twicer of the navy or marines, who shall 
 be killed, or die by reason of a wound received in tJee line of his 
 duty. This act, it will be oljserved, is confined to tJhe -widows and 
 children of officers ; a;nd simply requires tliat t-he death, or -wound 
 from which death Las ensued, shall have been received by such officer 
 " in the line of his duty." 
 
 The act of 1814 extends the provision -prospectively "to the -frido-ws 
 and children of "seamen" and "marines;" and then, including 
 officers, provides retroactively 'iov all deaths which may have oecuTred 
 since the 18f A June, 1812, 'the date of tihe declaration of war against 
 Great Britain ; using the same words to describe the nature of the 
 death which shall entitle to pension — that 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 
 
PRINGIPLES JL-NJ) decisions. 171 
 
 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 'disease contracted,' or of 'casualties,' or 
 ^injuries received,' -while in the line of duty." The former acts pro- 
 vided only for cases of death in consequence of wounds ; while this 
 extends the provision to cases where death has ensued from " disease 
 contracted," or '> casualties or injuries received." In neither of the 
 acts is there any prospective limitation of the time when 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 children 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, diseases, casualties, 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 ivar ? 
 
 The act under consideration provides, " that in all cases where 
 provision has beea 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 pro- 
 vides ; — if I were obliged (overlooking what I conceive to be the 
 spirit and intention of the act, to found my answer on its letter), and 
 to construe that most strongly against the grantee, — I should per- 
 haps be constrained to acquiesce in the opinion given by my prede- 
 cessor to yours, on the 22d July, 1828, which is before you. But, 
 after a very carefuT 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 exposition of my views as may suffice to render them 
 intelligihle. 
 
172 NAVY AND MARINE WIDOWS' PENSION ACTS. 
 
 In framing the act of 1819, 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 enacting 
 clauses, ought not to be wholly disregarded in searching for the in- 
 tention 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 corre- 
 spond with pre-existing laws, 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 an- 
 swering 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 children — 
 
 1st. 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 dufy. 
 
 3d. Of the same classes, who, since the same period, had died in 
 consequence of diseases contracted, or of casualties or injuries re- 
 ceived, 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 provide^ for 
 by the acts above referred to, without regard to the 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 181il; 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 dis- 
 tinction was recognised by pre-existing laws. No act had made pro- 
 vision for 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 
 
PRINCIPLES AND DECISIONS. 173 
 
 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 l%th 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 effect — not 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 hy law for the widows," &c., "of 
 officers," &c., '■'■who were hilled 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 anything more than to qualify the grant to the third class of per- 
 sons 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 vi'ho 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 — 1st. That it 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 instanta- 
 neous, or occurred after an interval, if it c6uld bo 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- 
 
174 NAVY AND MARINE WIDOWS' PENSION ACTS. 
 
 head and was killed; and yet not think proper to extend the saipe 
 bounty, in a case of similar casualty, occurring in time of peace. It 
 wouldj 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 inquiry 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 supposed 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: .t^e first, "who diedj" 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 cf their being received 
 — "during the late war." It may, perhaps, be said that these last 
 words relate to the time of the death, 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 allow- 
 ance 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 
 cases, the expression "in battle" is used ; and the efiect is to confine 
 it to wounds received in fighting the enemies of hi^ country. Jx is 
 still open, then, to us to inquire what is the fair interpretation of this 
 sentence ? Do the restrictive words apply to the fii'st or last member 
 of it ? to persons who died during the last war, 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 
 
PRINCIPLES AND DECISIONS. 175 
 
 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 probahly 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 loidow and children ? It is. the heroism which impels him to the 
 conflict which you would reward in the person of his widow or chil- 
 dren ; and theij are equally objects of your bounty in either case. 
 
 I think, then, that the widow or children of an officer, seaman, 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 gramma- 
 tical construction applicable to the sentence on which the question 
 arises ; and that such a sentence would be similai'ly 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. 
 
 [Opinion of Attorney-General, September 6, 1830.'] 
 
 Acts of 1813, 1814, 1817, 1819, 1824, 1828, 1832, and 1834. 
 
 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 hatch- 
 way'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 Mi;^. 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 diffi- 
 culty to extract from them a satisfactory reply to your queries; 
 
176 NAVY AND 5IAEI.VE WIDOWS" PENSION ACTS. 
 
 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 these 
 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 February 13, 1813, and of March 4, 1814. 
 
 According to the construction given to the act of 1813 by the 
 Attorney-Q-eneral, in his opinion of March 31, 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 officer — 
 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 January 20, 1813. In the acts of Congress then in 
 force, he was called and treated as a petty officer, as contradistifi- 
 guished from seamen. 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 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 hnsband'.s death, was not entitled to any 
 pension ; because the act of March 4, 1814, as expounded in the 
 above-cited opinion, was confined to persons sZam by wounds ; and 
 so far as officers are concerned, its provisions were entirely retro- 
 spective — covering those (Jases, and those only, in which officers had 
 been slain in the line of their duty, between July 18, 1812, and the 
 date of the law. 
 
 According to the construction thus given to these two acts, White, 
 if an officer, 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 March 4, 1814, was sub- 
 sequently extended,, by the amendatory act of March 3, 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 amen- 
 datory 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 January 22, 
 1824, but with a saving of pensions already granted, and of all rights 
 accrued under it. 
 
PRINCIPLES AND DECISIONS. 177 
 
 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 March 3, 1817, from the date of that act, to the 
 ordinary pension of five years' half pay. 
 
 Then comes the act of April 16, 1818, in addition to the act of 
 March 4, 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 March 3, 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, /or 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 January 22, 1824, " further extending the 
 term of half-pay pensions," &c. ; the acts of April 9, 1824, or of 
 May 26, 1824, (which are, moreover, confined to private armed 
 ships ;) and the first section of the act of May 23, 1828, " extending 
 the term of certain pensions chargeable on the Navy and Privateer 
 Pension Funds." 
 
 By the act of June 28, 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' 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 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 
 merejy : thus making the pension equal to ten years' half pay. 
 
 The last act to be referred to is that of June 30, 1834, which pro- 
 vides, among other things, that all the provisions and benefits of the 
 act of June 28, 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 
 12 
 
178 KAVT AND MARINE WIDQ-WS' PENSION ACTS. 
 
 predecessoFS. In an opinion dated June 9, 1825, and ^;ransmitted 
 under that date to the Secretary of the Navy, the Attorney- General 
 speaks of the rights acquired by the widow under the first 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 
 litie of his duty on board of a private armed vessel. The law does 
 not require either that an application shall 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 discon- 
 tinued and defeated by her death or rnarriage 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 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 first section of the 
 act of 1814, (which section relates to private armed ships,) the prin- 
 ciple laid down by the Attorney-General is equally applicable to 
 other cases. 
 
 He 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 ofScers and men, of rich and poor, without regard to thei? circum- 
 stances. It is in the nature of an absolute engagement or promise 
 made to those oiScers 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 stood in need of it or not. Nor 
 is there any condition annexed to the promise, that the monfiy shall 
 be paid if applied for in a given time, or in a given 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." 
 
 He therefore affirmed the validity of the practice which had ob- 
 tained, as then stated- to him, in the Navy Department. 
 
 In accordance with these views, I am therefore of opinion that 
 Mrs. 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 May .18, 1820 ; in the latter, 
 March 3, 1822 ;) — and also for the additional five years given by 
 the act of 1832. 
 
 In an opinion dated October 27, 1882, 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 differ- 
 
PRINCIPLES AND DECISIONS. 179 
 
 ent 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 Jive years." The five years added by this law will therefore 
 have expired, in the one case, May 18, 1825 ; and, in the other, 
 March 3, 1827. J ^ > , 
 
 In regard to the law of June, 1834, my first impression was that 
 it did not include Mrs. White's case ; because it seemed to me, on a 
 cursory examination of the act, that "she had not therefore had the 
 benefit" of the act of June 28, 1832. But, on further reflection, I 
 am inclined to think that Congress, by those words, meant merely to 
 require that the widow should be one who was embraced within the 
 law of 1832, and therefore entitled to its benefits ; 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 enjoyment of 
 the pension prior to June 30, 1834, a condition precedent to the 
 operation of the act of that date. I am confirmed in this opinion by 
 another point adopted and decided by the Attorney-General in the 
 opinion of June 9, 1825, before referred to. He remarks, in refer- 
 ence to the language of the acts of April 16, 1818, and April 9, 
 1824, extending pensions previously, granted, (the first of which ex- 
 tending 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 "pensions of persons 
 teho now are in the receipt thereof") that he understands, "If a 
 widow, whose rights commence under the act of 1814, now, for the 
 first time, makes an application for her pension under all the past 
 acts, no diiEculty arises as 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 con- 
 sidered 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 language of the act of 1834 is certainly not so strong as that 
 used by either of the acts 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 deci- 
 sions above stated, Mrs. White is entitled to a pension of ten years 
 prior to the act of June 30, 1834 ; and, under the latter act, to a 
 pension oifive, to commence from the day of the passage thereof. 
 
 [Opinion of Attorney-General, April 5, 1836.] 
 
180 NAYT AND MARINE WIDOWS' PENSION ACTS. 
 
 Act of June 28, 1832. 
 
 I think Mrs. McCormick is entitled to her pension during the time 
 she remained the widow of Lieutenant Leary. 
 
 If the act of June 28, 1832, stood alone, and was to be construed 
 without reference to any of the preceding acts of Congress on the 
 same subject, the expressions "so far as respects widows only," con- 
 tained in this law, would leave it very doubtful whether its benefits 
 were not to be confined to those who were widows at the time of its 
 passage. But this act must be taken in connexion with the previous 
 laws on the same subject. And T find, by the opinion of the Attorney- 
 General of June 9, 1825, to which you have referred me, that, under 
 the acts of Congress passed before that time, extending the periods 
 for which the pension was allowed, widows who had married before 
 the passage of the law, or before the application for the pension, had 
 been uniformly held to be entitled up to the time of their marriage. 
 As this opinion of the Attorney-General sanctioned the construction 
 which had been given by the Government, the same practice has, I 
 presume, since prevailed in the execution of those laws, the same 
 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, 
 upon the same principles and in the same cases in which it had been 
 extended by the previous laws, so far as they were concerned, but 
 refusing to extend it in behalf of the children. And the words 
 " so far as respects widows only," are not, I think, intended to change 
 the policy of the former acts of Congress, so far as concerns the 
 widows, but to exclude the children, who, under the former laws, 
 upon her marriage became entitled for the remainder of the time of 
 extension. 
 
 Acts of 1817, 1819, 1824, 1832, 1834. 
 
 It appears, from- the papers accompanying your communication, 
 that the applicant is the widow of sailingmaster William Stevenson, 
 who died in service in 1818, hut not in consequence of disease con- 
 tracted, or of injury received, 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 the U. S., vol. 6, 
 p. 2l2), pensions were granted for five years to the widows and chil- 
 dren of any ofiicer, seaman, or marine, who shall die, or shall have 
 died since the 18th day of June, 1812, " in consequence of disease 
 contracted, or of casualties or injuries received, while in 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 conse- 
 quence of disease contracted, or of casualties or injuries received 
 '■'■while in the line of his duty." By the acts of the 8d 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 pro- 
 
PRINCIPLES AND DECISIONS. 181 
 
 visions 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, how- 
 ever, 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 
 ot 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 1st day of January, 1824, or who may die in 
 said service by reason of disease contracted, or of casualties by drown- 
 ing 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 
 Vfhile in the line of his duty. I am, therefore, of the opinion that 
 the department is not authorized to afford her any relief. 
 
 [Opinion of Attorney-General, October 17, 1834.] 
 Act of June 15, 1844. {Vide acts in special cases.) 
 
 Under the second section of this act, construed in connexion with 
 that of June 30, 1834, when a widow dies after having received a 
 portion of the pension, the children are entitled only to the remainder 
 
 of the five years. [Opinion of Attomey.General, January 4, 1845.] 
 
 Act of 1834. 
 
 I have examined the papers in the case of Mrs. Sarah Heberd, and 
 submit the following opinion for your consideration : — 
 
 The applicant in this case claims a pension under the act of June, 
 1834, to commence from the date of the act. She is the widow of 
 Andrew Heberd, 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 exceed- 
 ing 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 skilful 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 
 
182 NAYY AND MARINE WIDOWS' PENSION ACTS. 
 
 the appointment and pay of engineers, while it prescribes the neces- 
 sary 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 authorized 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 exclu- 
 sively to the laws, rules, and regulations for the government of the 
 naval service, to which engineers are made subject. 
 
 The questions submitted are : Ist. Is an engineer's widow enti- 
 tled 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 1884 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 com- 
 mence from the passage of this act." 
 
 The efiect of that provision was, first, to continue all the provisions 
 and benefits of the act of 1832 for another term of five 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 mai/ 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 efiect 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 appointments 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, sea- 
 men, 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. 
 
PRINCIPLES AND DECISIONS. 183 
 
 therefore, that it includes subsequent appointtnents to offices then 
 recognised by law. Whether it can be extended to other employ- 
 ments 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 thie previous acts, whose provisions and bene- 
 fits were continued and extended by the act under consideration. 
 The language of the act of 1834 is peculiar, and should be kept dis- 
 tinctly in view. Whatever may be its effect, it is reasonable to pre- 
 sume 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 bf 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 oases 
 of urgent demand. The truth of this remark is strikingly exemplified 
 by the act of 1832, to which I now invite y-our 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, sea- 
 men, and marines, who were 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. Ail will admits I pre- 
 sume, that the provisions of these two acts must be considered to- 
 gether, in order to collect the true meaning of the act of 1834. It 
 will be perceived that pensions under the law of 1832 were strictly 
 limited 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 widow^f 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 claimant. The 
 prospective words in the act of 1834 are fully satisfied without ex- 
 tending 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 act of 1834 are entitled to a pension, 
 whether the husband was appointed before or after that time, pro- 
 vided he filled an office in the navy which was in existence at the 
 date of the act. In other cases, pensions cannot be allowed, unless 
 
184 NAYT AND MARINE WIDOWS* PENSION ACTS. 
 
 they are authorized by the act creating the office. The contrary 
 rule would produce this absurdity — that, whenever a new office is 
 created in the navy, silence on the part of Congress would be equiva- 
 lent to the granting of a pension. No office could be created without 
 this result, unless Congress saw fit to negative the inference by ex- 
 press enactment? In my judgment, fto 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 August 24, 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 hundred 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 without any guide. It cannot bie 
 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 had 
 any legal sanction ; but, unfortunately for the argument, it reposes 
 upon no authority of law. The conclusion, it seems to me, is irre- 
 sistible, that no pension can be allowed, there being no law prescrib- 
 ing at what rate such pension shall be paid. Probably, at the sug- 
 gestion of the Department, Congress will at once correct the 
 omission. 
 
 The argument for the claimant suggests the case of passed mid- 
 shipmen as furnishing a precedent in favor of this claim. Not so. 
 It appears from the Naval Register that the grade of passed midship- 
 men 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 sec- 
 tion of the act to provide a naval armament, approved March 27, 
 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 Depart- 
 ment 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 
 
PRINCIPLES AND DECISIONS. 185 
 
 were changed by the act of March 3, 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 pension shall be 
 paid. 
 
 In answer to the further inquiry of the Commissioner, I have to 
 remark that the practice of the Department in relation to the com- 
 mencement 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 retro- 
 actively 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 husband was born. The rule adopted by the Department 
 
 should be adhered to. [Opinion of Attomey-General, October 14, 1847.] 
 
 Acts of 1813, 1814, and 1837. 
 
 In reply to the question arising in the case of Peter Gordon, and 
 proposed by your letter of February 6, 1838, I have the honor to 
 state that, in my opinion, the first section of the act of March 3, 
 1837, is confined to cases where the death occurred whilst the person 
 was in the naval service. But, under the navy pension act of Janu- 
 ary 20, 1813, and the second section of the like act of March 4, 
 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. 
 
 [Opinion of Attorney-General, April 6, 1838.] 
 
 Act of 1837. 
 
 The act of March 3, 1837,. was passed for the purpose of securing 
 a more uniform and equal distribution of the Navy Pension Fund. 
 It introduces 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 is not only prospective, but retrospective, in its operation, 
 I think it equitable in itself, and fully warranted by the liberal con- 
 struction which should be given to such a law, to pay to those chil- 
 dren, whose pensions expired under former laws at an earlier age 
 
186 NAVY AND MARINE tflDOWS' PENSION ACTS. 
 
 than twenty-one, the half pay for the balance. Tarn accordingly of 
 opinion that the claim of Miss Grennell is authorized by the late act'. 
 
 [Opinion of Attorney-General, April 10, 1837.] 
 
 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 at- 
 tained the age of twenty-one. This result is in accordance with the 
 rules already settkd by me in the interpretation of this law. 
 
 [Opinion oif Attorney-General, April 11, 1837.] 
 
 It appears from the papers enclosed in your letter of the 8th in- 
 stant, 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 ; tbat 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. W. Camp ; and 
 that the son and granddaughter now claim a pension under the act 
 of the 3d of March last, " for the more equitable administration of 
 the navy pension fund." On the validity of this claim you ask my 
 opinion. 
 
 In accordance 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 peilsion 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 band, 
 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 be- 
 ing 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. Accord- 
 ing to the opinion expressed by me in the case of the personal repre- 
 sentatives 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 con- 
 sequently Mrs. Camp's claim is, in this respect, also invalid. 
 
 [Opinion of Attorney-General, April 12, 1837.] 
 
 The communication 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 of the act 
 of August 23, 1842, operates a total repeal of the first section of the 
 act of March 3, 1837, and that the case recently presented to the 
 Commissioner of Pensions cannot therefore be entertained by him. 
 
PRINCIPLES AND DECISIONS. 187 
 
 The effect of the act of August 16, 1841, was temporarily to con- 
 tinue m force the act of March 3, 1837, in regard to a class of 
 claims to which that now hefore 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, nrovision would doubtless be made. 
 
 [Opinion of AttornBy-General, April 15, 1844.] 
 
 This decision was reversed by Secretary Ewing, on the ground that 
 the pension acts confer vested rights, and that consequently all re- 
 peals of them are prospective, but do not extinguish any claim which 
 may have arisen while they were in existence. 
 
 The present Secretary has, however, reinstated the rule established 
 by the Attorney-General. 
 
 Act of 1845. 
 
 In your communication of the 14thinstant, 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: "Whe- 
 ther 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 hus- 
 bands have died under circumstances to entitle them to pensions under 
 the provisions of the pension act of 30th June, 1834. Pensions 
 granted by that act terminated in 1839. By the act of 1837, a pro- 
 vision was made for pensions to widows of officers, seamen, and ma- 
 rines, 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 pen- 
 sions 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 31st 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 pen- 
 sion 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 pre- 
 
188 NATY AND MARINE WIDOWS' PENSION ACTS. 
 
 viously granted for five years, withia the meaning of the act of 3d 
 March, 1845 ; and that widows' pensions, under this act, shall com- 
 mence 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. 
 
 [Opinion of Attorney-General, March 19, 1845.] 
 
 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, re- 
 viewing certain naval pensions for the term of five years, and its 
 application to the particular case of Mrs. Ann J. Ross, widow of 
 Lieutenant Eoss of the marine corps, who was killed in battle with 
 the Seminole Indians in the month of December, 1836, 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 1884. 
 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 ofiBcers, 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 casu- 
 alty 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 extending 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. [Opinion of Attorney-General, April 14, 1845.] 
 
 I had the honor to receive your letter of the 2d ult., requesting 
 my opinion on the claims of Elizabeth B. Chandler and Catharine L. 
 Armistead, for a renewal of their pensions, under the act of March 
 3, 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 of 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 
 
PRINCIPLES AND DECISIONS. 189 
 
 in the line of their duty, and which pensions have ceased in conse- 
 quence of the expiration of the period for which they were originally 
 granted, or for which they were subsequently renewed, shall be con- 
 tinued for another period of five years to such of said widows as may 
 have remained unmarried, to commence from the day on which such 
 pensions respectively terminated." According to the statement con- 
 tained in your letter, the husband of Mrs. Chandler died in July, 
 1841, of a olsease 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 was equally entitled under the law of 1834 had 
 received her pension under the act of 1887 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 11th 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 neces- 
 sary 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 question submitted by you for my conside- 
 ration is whether Mrs. Chandler 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 inefficacious to any such result. The true construction of the 
 act took date from its passage, uninfluenced by any extraneous cir- 
 cumstances or subsequent event. Its meaning must be gathered from 
 its 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 Mrs. 
 Chandler and Mrs. Armistead do not come within its provisions, it is 
 
190 NAVY AND MARINE "WIDOWS' PENSION ACTS. 
 
 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 have already enjoyed a five years' pension under 
 previous laws, and which had ceased in consequence of the expiration 
 of the period for which it had been granted or renewed. 
 
 When the law of 1845 went into operation, neither Mrs. Chandler 
 nor Mrs. Armistead had been a widow for the period of five years. 
 The husband of the former 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 department. The answer to this is readily 
 given. The act under consideration is not based upon the action of 
 the department, but upon the previous statutes in pari materia, espe- 
 cially 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 conse- 
 quence 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 ter- 
 minated. The language is too plain, it seems to me, to admit of a 
 doubt, that Congress intended to include such cases only as had actu- 
 ally 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. 
 
 [Opinion of Attorney-General, January 23, 1847.] 
 Act of 1848. 
 
 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 construction is 
 obviously opposed to the intention of Congress. The description of 
 the first class is in these words, viz : " all those widows and such 
 child or children as are now receiving a pension under any of the 
 
PRINCIPLES AND DECISIONS. 191 
 
 laws of Congress passed prior to the 1st of August, 1841." The 
 words are, " any of the laws." not ''private laivs," as it would have 
 been, it such only were intended. The exception which follows shows 
 the^same intention, becftuse the excepted law passed on the 3d March, 
 18oi was one of the broadest and most general pension laws which 
 had been enacted ; and 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 pur- 
 view 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 received 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, o\'erturn and control 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 engi- 
 neer " 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 lieuten- 
 ant only. But, in common parlance, "the lieutenant," without 
 further designation, whether of marines or of infantry, would uni- 
 versally be understood to mean the senior lieutenant and not the 
 second lieutenant; and this familiar and reasonable rule- — the mean- 
 ing 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. 
 
 [Opinion of Aftorney-General, Sopternber 6, 1843.] 
 
 A widow was pensioned under the act of March 3, 1837, which 
 was repealed by another in August, 1842, when her pension expired. 
 On the 16th May, 1846, she was pensioned under the act of June 30, 
 1834, deducting what she had received under that of 1837. Her five 
 years expired on the 14th April, 1846. She applied for the benefits 
 of the acts of March 3, 1845, and March 3, 1847. The Pension 
 Office rejected the application on the ground that, under the 3d March, 
 
192 NAVY AND MARINE WIDOWS* PENSION ACTS. 
 
 1845, no one could claim whose pension expired after its passage. 
 On appeal, it was decided that as the last mentioned act was in exis- 
 tence when she was placed under the act of 1834, she should be 
 allowed the benefit of the act of 1845 ; her pension to commence on 
 the 1st September, 1842, and to be renewed under the 11th August, 
 
 ■j^g^g^ [Secretary of the Interior, case of Catharine L. Armistead.] 
 
 FORM OF APPLICATION FOR WIDOW'S NAVY PENSION. 
 
 To the Commissioner of Pensions : 
 
 The memorial of the undersigned , the widow of 
 
 , who was a in the Naval service of the United States, 
 
 respectfully showeth : 
 
 That the said entered the service in the year , 
 
 and died therein, while holding the ranlc above mentioned, on the (a) 
 
 by reason of (6) in the line of duty. 
 
 That the undersigned was married to the said » o^ 
 
 the day of , in the year , and that the 
 
 following is a correct statement of the name... and age... of the child... of such parties 
 now living: (c) 
 
 That your memorialist remain... unmarried, and widow of the said i 
 
 to the , and referring to the evidence filed (d) , 
 
 claims the benefit of the laws granting Navy pensions to the widows of Officers, Sea- 
 men, and Marines, who have died in the Naval service, and requests that her name may 
 be inscribed on the roll of pensioners, payable at the Navy Pension Agency, (e) 
 
 Sworn and subscribed before me on this day of ■ 
 
 the year 
 
 Pension Office, May 23, 1853. 
 
 Sir : — For your information, I enclose a form of application for 
 widow's Navy pension, together with a printed sheet exhibiting the 
 description of evidence furnished to this office under the General 
 Order of the 17th February, 1851, in every case of disability or 
 death in the Naval service. 
 
 In all claims for widow's pension, or renewal thereof, it must be 
 shown by evidence, accompanying the application, or already on file, 
 that the husband lost his life while in the Naval service, by reason 
 
 (a) state date, and whether on board ship or in hospital, and at what place or station. 
 (6) State whether by wounds, injuries received, casualties incurred, or disease con- 
 tracted. 
 
 (c) Insert names and ages of children. 
 
 The memorial should be accompanied by the certificate of the magistrate and 
 the affidavit of credible witnesses, showing the identity and widowhood of 
 memorialist. 
 The official character of the magistrate must in every instance be certified by 
 
 the clerk of the county under his seal of office. 
 Herewith, or already on file in the Pension Office. 
 Insert location of Agency. 
 
FORM OF APPLICATION. 193 
 
 of wounds or injuries received, casualty incurred, or disease contracted 
 in the line of duty. In cases of date subsequent to that of the Gen- 
 eral Order, such evidence may generally he found here ; but if of prior 
 date, must, if practicable, be furnished by the certificates of medical 
 or otiier commissioned officers of the Navy, cognizant of the facts. 
 If, after using due diligence, such certificates cannot be obtained, the 
 applicant can then present such other testimony as would be taken in 
 a court of justice. 
 
 The usual legal proof of marriage must be produced, accompanied 
 by a statement of the names and ages of all children of the par-ties, 
 whether the fruit of their own or of former marriage. This last is to 
 be desired, not only as a security to the Government, but as facili- 
 tating any future claim on the part of the children. 
 
 The widowhood and identity of the applicant should be stated in 
 the memorial, and certified by the officiating magistrate, or established 
 by the affidavit of credible witnesses ; and all evidence (excepting the 
 official certificates of Naval officers) must be given by affidavit before 
 a magistrate, whose official character shall be certified by the clerk 
 of the county (in which he acts) under his seal of office. 
 
 Applications for Orphans' Navy Pension may be made in the fol- 
 lowing cases : — 
 
 1. Death of mother before the father. 
 
 2. Death of mother since the father, but without having received 
 the benefit of the pension laws. 
 
 3. Death or intermarriage of their mother since having received 
 such benefit. 
 
 In the 1st and 2d cases, the same testimony would be required as 
 in widows' applications, together with legal proof of the names and 
 ages of the children. 
 
 In the 3d case, the latter only. 
 
 Orphans' applications can be made by the legally appointed guar- 
 dian, in any form embracing a statement of facts. Claims for 
 arrearages of pension may be paid to the orphans themselves, if 
 adults, or to an administrator, for the sole and exclusive use and 
 benefit of the children of the deceased parties. 
 
 FORM OF APPLICATION OF A WIDOW IN ORDER TO RENEW HER 
 PENSION, UNDER THE ACT OF 
 
 To the Ccrmmissioner of Pensions : 
 
 The memorial of the undersigned, the widow of the late •••"••••, ' 
 
 ^ho ^^s 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 m the said service, and- 
 
 13 
 
194 NAVT AND MARINE WIDOWS' PENSION ACTS, 
 
 holding the rank above mentioned, he departed this life, at (a) ,,, on tlu; 
 
 day of , in the year ; that the undersigned waa 
 
 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 , granting pensions to the 
 
 widovi^s 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 
 
 Sworn to and subscribed before me, on this day of , fn 
 
 the year 
 
 [The certificate of official character and signature of the magistrate who may admi- 
 nister the oath to be here subjoined.] 
 
 (o) 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 mi»t be given. 
 
PART VI 
 
 BOUNTY LAND LAWS. 
 
 No. 1. 
 
 IN BEHALF OP OFFICERS AND SOLDIERS OF THE 
 REVOLUTION WHO ENGAGED FOR THE WAR. 
 
 To provide for the raising of eighty-eight battalions to serve for the volt. 
 
 Resolved, That, in addition to a money bounty of twenty dollars 
 to each non-commissioned oiEcer 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 States, in the same propor- 
 tion 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. 
 
 [Resolution — In Congress, September 16, 1776.] 
 
 Resolved, That the bounty and grants of land ofi"ered by Congress, 
 by a resolution of the l^th 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 be, en- 
 listed 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 
 ofi'ered 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. 
 
 [Resolution — In Congress, September 18, 1776.] 
 
 (195) 
 
196 BOUNTY LAND LAWS. 
 
 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 follow- 
 ing proportion : to a major-general, one thousand one hundred acres ; 
 to a brigadier-general, eight hundred and fifty acres. 
 
 [Resolution — In Congress, August 19, 1780.] 
 
 Congress resumed the consideration of the report of the committee 
 on the Medical Department; and, on the consideration of the follow- 
 ing, 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; regi- 
 mental surgeons and assistants to the purveyor and apothecary, the 
 sarfle as a major ; hospital and regimental surgeons' mate, the same 
 
 as a captain. [Resolution — In Congress, September 22, 1780.] 
 
 \ On the 3d October, 1780, Congress reorganized the army, the 
 
 effect of which was to throw many of the officers out of service. 
 They therefore, at the same time, adopted the following 
 
 RESOLUTION. 
 
 And wbereas, by tbe 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 cur- 
 rent money equivalent, and also grants of land at the close of the 
 • war, agreeably to the resolution of the 16th of September, 1776. 
 The government organised under our present Constitution has 
 made provision for redeeming the promises of the Continental Con- 
 gress in this regard, and the officers and soldiers, (or, in the event 
 of their death, their heirs,) who have not yet received the Bounty 
 Land thus promised them, can still obtain it. 
 
 REGULATIONS FOR THE OFFICERS AND SOLDIERS OF THE REVOLU- 
 TIONARY WAR WHO ACQUIRED A RIGHT TO LAND FROM THE UNITED 
 STATES, BUT HAVE NOT RECEIVED IT. • 
 
 By an act of Congress, of the 16th September, 1776, it is pro- 
 vided, that the officers and soldiers who engaged for, and continued 
 to serve, during the war, or until discharged by Congress, shall re- 
 ceive 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. 
 
 The following declaration must be filled up and sworn to by the 
 claimant : 
 
IN BEHALF OF THOSE ENLISTED FOE THE WAR. 197 
 
 State of i 
 
 Cmntyof ^**- 
 
 I. , aged years, do upon oath testify and declare, that, I entered 
 
 the service of the tFnited Slates on the day of , in the year 17..., for 
 
 the term of years, 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 consti- 
 tute 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 
 Amder him for the special purposes above expressed. 
 
 Attest, 
 
 I, , aged years, do upon oath, declare that I have been long 
 
 acquainted with , who has subscribed the above declaration in my pre- 
 sence, and well knowithat he is the identical person he therein represents himself to 
 be; and fiirther, I do believe, that he did perform the military service therein stated. 
 Attest, 
 
 Before me, , personally appeared the above named , sub- 
 
 scriter 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 ap- 
 peared , who bath 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... 
 
 , Justice of the Peace, 
 
 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... * 
 
 , Clerk, &c. 
 
 Should the party apply directly, he will omit the power of at- 
 torney. 
 
 A Revolutionary Bounty Land claim descends to heirs general, 
 and will be applied for after the following form : 
 
 REGULATIONS FOR THE HEIRS 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. 
 
 By an act of Congress of the 16th September, 1776, it is provided 
 that the ofScers and soldiers of the army upon the continental 
 establishment, who engaged for, and continued to serve, during the 
 war, or until discharged by Congress, and the heirs of such officers 
 and soldiers as shall be slain by the enemy, shall receive land in pro- 
 portion to their rank. 
 
 N. B,— Those who engaged for three years, or for any other period 
 than during the war, or who died of sickness, fatigue, or casualty, 
 are not entitled to land from the United States. 
 
198 BOUNTY LAND LAWS. 
 
 The following declaration (and enclosed blank form of heirship) 
 must be filled up and signed by the proper authorities. 
 
 State of 
 
 County of 
 
 I, , heir at law of , do, upon oath, testify and declare, to 
 
 the best of m)' 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 : 
 
 Know all men by these presents, That I, aforesaid, do hereby consti- 
 tute and appoint to be my true and lawful attorney, for roe, and in my 
 
 name, to demand and receive from the Commissioner of Pensions, a warrant for the 
 quantity of land due to me as aforesaid ; and my said attorney is hereby fully autho- 
 rized and empowered to constitute and appoint one or more substitutes or attorneys 
 under him, for the special purposes above expressed. 
 
 Attest, 
 
 Personally appeared the above named , 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, ^Justice of the Peace. 
 
 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... 
 
 .J , Clerk, &c. 
 
 Should the heirs not apply through an attorney, of course the 
 power in the above form will be omitted. 
 
 No. 2. 
 
 ■J » 
 
 FOR NON-COMMISSIONED OEFICERS AND SOL- 
 DIERS OF THE WAR OF 1812, ENLISTED FOR 
 FIVE YEARS OR THE WAR. 
 
 An act for completing the existing military establishment. 
 
 Sec. 2. And he it further enacted, That there be allowed and paid 
 to each effective and able-bodied man, recruited or re-enlisted for that 
 service, for the term of five years, unless sooner discharged, the sum 
 of sixteen dollars; and * * * * -whenever any non-commissioned 
 ofiicer or soldier shall be discharged from the 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, he shall, moreover, be allowed and paid, in addition 
 
NON-COMMISSIONED OFFICERS, &C.— WAR OF 1812. 199 
 
 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 
 m the service of the United States, shall, likewise, be paid and al- 
 lowed 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. 
 
 [Approved, December 24, 1811.] 
 - An act to raise an additional military force. 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 of the United States of America in Congress assembled, That there 
 be immediately^ raised ten regiments of infantry, two regiments of ar- 
 tillery, and one regiment of light dragoons, to be enlisted for the 
 term of five years, unless sooner discharged. 
 
 Sec. 12. And he it further enacted. That * * * * whenever any 
 noa-commissioned officer, or soldier, shall be discharged from the ser- 
 vice, 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, he shall moreover be allowed 
 and paid * * * 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 * * * one hundred and sixty acres 
 of land ; to be designated, surveyed, and laid oif, at public expense, 
 in such manner, and upon such terms and conditions, as may be pre- 
 scribed by law. [Approved, January 10, 1812.] 
 
 An act authorizing the President of the United States to accept and organize certain 
 volunteer military corps. 
 
 The first section authorizes the President to accept of any company 
 or companies of volunteers, either of artillery, cavalry, or infantry, 
 who may associate and offer themselves for the service, not exceeding 
 50,000 men. 
 
 The second section prescribes that any company, battalion, regi- 
 ment, brigade or division, thus offering itself for the service, shall be 
 liable to be called upon to do duty at any time the President may 
 deem it necessary, within two years after the offer, 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. 
 
 Sec. 6. And he it further enacted, That the heirs and representa- 
 tives 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 de- 
 signated, surveyed, and laid off at the public expense, in such man- 
 ner, and upon such terms and conditions as may be provided by law. 
 
 [Approved, February 6, 1812.] 
 
 An act in addition to the act entitled "An act to raise an additional military force," 
 
 and for other purposes. 
 
 Sec. 18. And he it further enacted, That the act, entitled "An 
 act authorizing the President of the United States to accept and or- 
 
200 BGUNTT LAND LAWS. 
 
 ganize certain volunteer military corps," and the act, entitled "An 
 act supplementary to the act, entitleti 'An act aut&frrizing the Presi- 
 dent of the United States to aecept and organize) certain rolunteer 
 military corps/ " be, and the same are hereby repealedj from and 
 after the first day of Februaiy next : Frotfidedf That nothing herein 
 contained shall be so construed as to deprive the officers and men 
 who may have entered the service as volunteers, under the said acts, 
 of any rights, immunities, or privileges therein secured, or the United 
 States of the services of stich volunteers, agreeably to the provisions 
 of said acts. [Approved, January 29, 1813.] 
 
 Sec. 1. Be it enacted hy the Senate and HouM of Mepresen- 
 tatiDes of the United States of America in Congress asgenMedf That 
 there be immediately raised ten regiments of infantry ^wo regiments 
 of artillery, and one regiment of light dragoons^ to be enlisted for the 
 term of five years, unless sooner discharged, * * * * 
 
 Sec. 12, And he 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 mfistered, and have joined some military corps of the United 
 States for service. 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 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 ofi", at the public expense, in 
 such manner, and upon such terms and conditions, as may be provided 
 
 by law. [Approved, January 11, 1813.] 
 
 An act to provide for designating, surveying, and granting, the military bounty lands. 
 
 SeO. 4. And he it further enacted, That no claim for the military 
 land bounties aforesaid shall be assignable or transferable 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 declal-ed 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 accotmt 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 viftile of any process, or suit at law, or 
 judgment of court, against a person entitled to receive his patent as 
 
 aforesaid. [Approved, May 6, 1819.] 
 
NON-COMMISSIONED OFFICERS, &C. — ^WAR OF 1812. 201 
 
 An act supplementary to the act entitled "An act for the more perfect organization 
 of the army of the United States." 
 
 Sec. 1. Be it enacted hy the Senate and House of Representatives 
 ^ 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 addi- 
 tional 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, Tvho stall 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 he 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 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 heretofore established by law. 
 
 [Approved, January 20, 1813.] 
 
 An act to amend the "Act in addition to the act entitled 'An act to raise an additional 
 military force, and for other purposes.' " 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That five 
 of the regiments which were authorized to be raised by "An act 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 dis- 
 cretion of the President of the United States, be enlisted for and 
 during the war, unless sooner dischurged, and be Kmited, 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 further 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. 
 
 "[Approved, July 5, 1813.] 
 
 *Thi3 act provides for raising a number of regiments, not to exceed tvrenty, to serve 
 one year, and to receive all the emoluments of the then existing military establishment — 
 the land and bounty excepted. 
 
202 BOUNTi' LAND LAWS. 
 
 An act to auttorizo the President to receive into service certain volunteer corps. 
 
 Skc. 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 furtlter 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 benefits and allow- 
 ances, 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. [Approved, February 24, 1814.] 
 
 An act making further provision for filling the ranks of the army of the United States. 
 
 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 bindings, upon all 
 persons under the age of twenty-one years, as well as upon persons 
 of full age ; such recruiting officer having cornplied with all the requi- 
 sitions 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 ofi", 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 notwithstanding. 
 
 Sec. 5. And be it further enacted. That any person subject to 
 militia duty, who shall, according to law, furnish a recruit for the 
 
PRINCIPLES AND I'KCISIONS. 203 
 
 army of the United States at his own expense, during the war, shall 
 thereafter be exempt from militia duty during the war ; and every 
 recruit thus furnished shall be delivered to some recruiting officer 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 hrs 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 furnish- 
 ing 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. 
 
 [Approved, December 10, 1814.] 
 
 An act making further provision for military services during the late war, and for other 
 
 purposes. 
 
 Sec. 3. And he 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 faith- 
 fully 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 en- 
 listed 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 dis- 
 charged, would have been entitled to a bounty in land, shall be en- 
 titled to one hundred and sixty or three hundred and twenty acres 
 of land, according to the term of enlistment ; the warrants and pa- 
 tents to issue in the same manner as in the case of soldiers enlisted 
 of proper age, and discharged under similar circumstances. 
 
 [Approved, April 16, 1816.] 
 
 PRINCIPLES AND DECISIONS RELATING TO BOUNTY LANDS FOR THE 
 
 WAR OF 1812. 
 
 No. 1. 
 
 Who entitled. 
 
 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 performed his duty whilst in ser- 
 
 yj(.g_ [Opinion of Attorney-General, August 1, 1815.] 
 
 Mr. Sterling is an applicant for land bounty, under the 3d section 
 of the act of the 16th of April, 1816, entitled "An act making fur- 
 ther provisions for military services during the late war, and for other 
 
204 BOUNTY LAND LAWS. 
 
 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 w&'r. 
 And the single question presented by his. case is, whether thst re- 
 signation 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 Ms eommissien 
 until the end of the war ? 
 
 In considering the just construction of tbia 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 unfer 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 re- 
 gularly 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 commis- 
 sioned officers, who, if they had served during the war under their 
 enlistment and had been regularly discharged, would have been en- 
 titled to a bounty in land. Under this third provision, the only 
 questions in relation to Mr. Sterling are^ 
 
 1st. Was his enhstment as & soldier of that character, that if he 
 had served under it during the whole war, and been regularly dis- 
 charged, 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 f 
 
 If the facts of the case answer both these questions in the affirma- 
 tive, 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 war, 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, a;nd until regularly discharged. 
 Any other construction would render the words " until they had 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. The policy of the law, I presume, 
 was to promote emulation in the ranks, and to reward the successful 
 
 competitor. [OpinioB of Attorney-General, July 29, 1819.] 
 
 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 
 
PRINCIPLES AND DECISIONS. 205 
 
 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 from 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 
 equivalent for the services of the soldier ; and I do not think that 
 he is responsible for the future conduct of the person thus agreed to 
 be accepted. As soon as he is discharged from service, and obtains 
 the certificate that he has faithfully performed his duty whilst in ser- 
 vice, he becomes entitled to the land ; and no subsequent contingency 
 
 can destroy his right. [Opinion of Attomey.General, November 4, 1831.] 
 
 No. 2. 
 
 Fraud. 
 
 A warrant obtained by fraud is of no value_ to the holder, and I 
 cannot, therefore, conceive any injury which can result from can- 
 celling 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, 
 from 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. 
 
 [Opinion of Attorney-General, December 26, 1819.] 
 
 The former warrant and patent were issued to an impostor, who 
 personated the proper claimant. 
 
 An imposition practised on the department ought not to prejudice 
 an innocent person, who in no way contributed to the wrong done to 
 the public; and I think the son and heir is entitled to a v^arrant for 
 his bounty lands, notwithstanding a warrant and patent have been 
 heretofore fraudulently obtained by another person for the same 
 
 lands. [Opinion of Attorney -General, March 19, 1832.] 
 
 No. 3. 
 Bounty land descends and is devisable as real estate. 
 
 From the statement before me, 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 and Thilia Porter, who were his 
 
206 BOUNTY LAND LAWS. 
 
 heirs-at-law. The two grandsons mentioned in his will 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 Mrs. Serring from a 
 share of the bounty lands, they would have descended equally to his 
 two daughters, who were his heirs-at-law. 
 
 But the testator directs that the devise of certain real and personal 
 estate made to Mr. and Mrs. Serring should go in full satisfaction of 
 all right, title, interest, claim, and demand, whatsoever, which they 
 might or could in any way pretend to have or claim to all or any 
 part of his real or personal estate, except the bequest of the one- 
 half of the residue of his personal estate, which, by a preceding 
 clause in his will, he had given to her. 
 
 This strong language of exclusion from everything but the pro- 
 perty aboveraentioned 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 hisTeal estate, which, in the absence of this clause 
 of exclusion, would have descended to Mrs. Serring. The bounty 
 .lands, not being devised to any one, would be left to descend to the 
 heirs-at-law. And when 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 therefore entitled to these lands. 
 
 This opinion is expressed under the belief that the will of Mr. 
 Thorp is sufBciently 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 before he acts on this 
 
 opinion. [Opinion of Attorney-General, October 25, 1832.] 
 
 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. [Opinion of Attorney-General, September 5, 1833.] 
 
PRINCIPLES AND DECISIONS. 207 
 
 No. 4. 
 Lost or omitted discharge. 
 
 An act providing for cases of lost military land warrants and discharges for faithful 
 
 services. 
 
 Sec. 2. And he 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 Secre- 
 tary of War that a certificate of faithful services 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 pre- 
 vent 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 paper 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 en- 
 listment, the period of service, and the report of some officer of the 
 
 corps to which he was attached. [Approved, April 27, 1816.] 
 
 No. 5. 
 
 Free negroes entitled. 
 
 Had I been called on, d 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 Major 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 re- 
 cruits than that they shall be " eff"ective able-bodied men" — [act 24th 
 December, 1811, "for completing the existing military establish- 
 ment," and act 11th January, 1812, "to raise an additional military 
 force,"] or " free, efi'ective able-bodied men," [act 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 recognise 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 without some further and more explicit 
 
208 BOUNTY LAND LAWS. 
 
 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. 
 
 [Opinion of Attorney-General, March 27, 1828.] 
 
 DEC3LARATI0N AND REGULATIONS. 
 
 There is no prescribed form of declaration, and th* applicamt may 
 model his after the -one given under the Revolutionary act, or may 
 govern himself by the following regulations : 
 
 . 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 
 armj for "five years," or for "during the war," and were "honor- 
 ably 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, 
 showing that he is the individual mentioned in the discharge ; but 
 if the discharge is lost, he must identify himself by his affidavit ac- 
 cording 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 appli- 
 cation for bounty land, are required to state as explicitly as practi- 
 eable when and where the soldier enlisted, the name or- number of 
 the regiment to winch he belonged, the name of liis captain, -or tlie 
 names of some ef the other -officers under wliom he served ; for -this 
 latter pur-pose no forms are prescribed. The faets, however, must 
 be set forth under oath, and the affidavits must be duly ^authenticated. 
 The magistrates who may administer the oaths must eertify 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 p-roof taken before a court of re- 
 cord according to the laws of the State in which the heirs reside. 
 The forms will direct the clerk of the courts how to draw up their 
 certificates, to which must be attached their official seals. 
 
 „ , / FORM FOR LOST DISCHARGES. 
 
 Vounty, 
 
 I, , do declare that I was late 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 dis- 
 charged at , by , on account of , and was last 
 
 paid by , Paymaster; and my discharge, which duly testified all these 
 
 particulars, was lost by , 
 
 Sworn and subscribcM before me., this ., day of , one thousand eight 
 
 hundred and ,. 
 
 N. B. The official attestation of the Secretary of the State, or the County Clert, or 
 -.other proper officer, to the quality and signature of the Magistrate before whom the de- 
 positions were taken will be required ; excepting, ho-weyer, when the depositions shall 
 have been made before a Notary Public; hisi^ial attestation in such case is deemed 
 sufficient ; but the certificate of a Notary, to the quality and signature of another 
 Magistrate, is inadmissible. 
 
BOUNTY LAND SCRIP — MEXICAN -WAR. 209 
 
 No. 3. 
 BOUNTY LAND OR SCRIP 
 
 FOR NON-COMMISSIONED OFFICERS AND SOLDIERS OF THE REGULAR 
 
 ARMY AND VOLUNTEERS IN THE WAR WITH MEXICO. 
 An act to raise for a limited time an additional military force, and for other purposes. 
 
 Sec. 1. Be it enacted ly the Senate and House of Representatives 
 of the United States of America in Congress assembled, That in 
 addition to the present military establishment of the United States, 
 there shall be raised and organized, under the direction of the Presi- 
 dent, for and during the war with Mexico, one regiment of dragoons 
 and nine regiments of infantry, 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 regular 
 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 receive an honorable 
 discharge, or who shall have been killed, or died of wounds received 
 or sickness incurred in the course of such service, or who shall have 
 been discharged before the expiration of his term of service in conse- 
 quence 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 Office, 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 afte^ 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 family 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. 
 14 
 
210 BOUNTY LAND LAWS. 
 
 And all sales, mortgages, powers, or other instruments of writing, 
 going to aflfect .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 whatso|ver, 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 : Provided, That no land 
 warrant issued under the provisions of this act sha,ll 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 cultiva- 
 tion : Provided^ further, That every such non-commissioned 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-commis- 
 sioned 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 receive a 
 warrant for forty acres of land, which may be subject to private 
 entry, or twenty-five dollars in scrip, if preferred ; and in the event 
 of the death of such volunteer during his term of service, or after an 
 honorable discharge, but before the passage of this act, then the 
 warrant for such land or scrip, shall issue to the wife, child, or chil- 
 dren, 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 : Pro- 
 vided, 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. 
 
 [Approved, February 11, 1847.] 
 An act making land warrants assignable, and for other purposes. 
 
 Sec. 4. And he it further enacted, * * * * That the last 
 proviso of the ninth section of the act of eleventh of February, 
 eighteen hundred and forty-seven, be and the same is hereby repealed. 
 
 [Approved, March 22, 1852.J 
 
 Joint resolution relative to tlie evidence v/bich shall be considered satisfactory in appli- 
 cations for bounty land. 
 
 Be it resolved hy the Senate and House of Hepresentatives of the 
 United States of America in Congress assembled, That in all cases 
 of application for bounty land warrants under the act approved Feb- 
 ruary 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 satisfactory 
 
BOUNTY LAND FOR MARINES, &C. 211 
 
 evidence to the Commissioner of Pensions that the disability was 
 incurred in the course of service. [Approved, March 24, 1848.] 
 
 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. 
 
 Sec. 1. Be it enacted hy 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 11th February, eighteen hundred and forty- 
 seven, 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. 
 
 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 ofiBcers 
 who have been, or may be, promoted to the grade of commissioned 
 officers during their service in Mexico, and who shall have subse- 
 quently fulfilled the condition of their engagements : Provided, Such 
 promotion shall have been made subsequent to the original organiza- 
 tion of the company, corps, or regiment to which such privates and 
 non-commissioned officers may have belonged. 
 
 [Approved, May 27, 1848.] 
 
 No. 4. 
 
 BOUNTY LAND FOE MARINES AND ORDNANCE 
 CORPS, IN THE MEXICAN WAR. 
 
 Joint resolution concerning certain portions of the marine and ordnance corps. 
 
 1. Resolved by the Senate and House of Representatives of the 
 United States of America in Congress 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 remunera- 
 tion', 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. [Approved, August 10, 1848.] 
 
212 BOUNTY LAND LAWS. 
 
 PRINCIPLES AND DECISIONS RELATING TO BOUNTY LAND FOR 
 SERVICE IN jMEXICO. 
 
 No. 1. 
 
 An election between land and scrip is final. 
 
 The papers in the case of David Stutsman, which you referred to 
 me on tiie 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 pre- 
 viously 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 deci- 
 sion 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. 
 
 [Opinion of Attorney-General, October 30, 1847.] 
 
 No. 2. 
 Who is entitled, and what bars. 
 
 A volunteer was honorably discharged by special order of General 
 Taylor. 
 
 In the absence of any explanation to the contrary, it is no more 
 than a reasonable inference that the discharge was granted at the 
 request and for the benefit of the party receiving it. The claimant 
 must show that he enlisted, and was regularly mustered into the 
 service, and that he continued in the service for twelve months, and 
 received an honorable discharge, or else that he was discharged on 
 account of wounds received or sickness incurred in the course of his 
 service, before he can claim under the act of 1847. 
 
 [Opinion of Attorney-General, March 17, 1848.] 
 
 The explanatory act of May 27, 1848, enacts "that the term 
 ' relatives,' as used in the ninth section of tke ^ct entitled 'An act to 
 raise, for a limited time, an additional military force, and for other 
 purposes,' approved 11th 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 sistens 
 
PRINCIPLES AND DECISIONS. 213 
 
 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, there- 
 fore, that the sister of the half-blood is entitled to a share. 
 
 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 oflSce, 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. 
 
 I construe it differently. In my opinion, it embraces three classes: 
 
 1st. Those of the regular army enlisted for twelve months or for 
 a longer period ; volunteers regularly mustered into a volunteer com- 
 pany, " who have served, or may serve, during " the war with 3fexico, 
 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 oi 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 service." 
 
 The first class need only to serve during the war, and to be hono- 
 rably 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 terni of enlist- 
 ment, when that extends beyond the close of the war. Third : those 
 who, by reason of wounds or sickness occurring in the war, are dis- 
 charged before the close of the war. 
 
214 BOUNTT LAND LAWS. 
 
 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 non-commissioned 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 enlistmeut, and then honorably discharged, is to 
 receive the bounty. The words necessary to be superadded by the 
 construction in question manifestly changes the entire sense 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 during 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 served during the very exigency, and that ceasing, was hono- 
 rably 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 mear^ing perfectly con- 
 sistent 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 
 war, and the termination of the enlistment, in consequence of wounds 
 or sickness happening during the war. 
 
 In my opinion, the words "in course of such service," applying 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 commensurate with the 
 term of enlistment, but -with the continuance of the war, wholly irre- 
 spective 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 occurring 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 bf w^ounds, &c., is sufficient. 
 
 But there is another ground in ray judgment sufficient to sustain 
 the claim. The objection is not that the claimant did not serve during 
 the war, and was not afterwards honorably discharged, but that he 
 did not serve out his term of enlistment. The enlistment 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 May, 1846, {Session 
 acts, p. 16,) authorized the President to increase the army by in- 
 creasing each company to one hundred privates, and the enlistments 
 
PRINCIPLES AND DECISIONS. 215 
 
 to he 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 
 pubhc service" required it, and he was to reduce it when such exigen- 
 cies 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 May, 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 enhsted 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 term of enlistment 
 was concerned. The consequence of this clearly was, to make the 
 enlistment of both classes to be for five years, " unless sooner dis- 
 banded 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, per- 
 fectly 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 ser- 
 vice after the act of 1846 was five years, unless sooner 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 dis- 
 charge is caused by wounds or sickness. Before the term expires, 
 then, (which may well happen, and in the present instance did hap- 
 pen,) 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 Con- 
 gress designed to deny it. Upon the whole, then, I am of opinion 
 that the claim of Hasson should be allowed. 
 
 [Opinion of Attorney-General, July 27, 1849.] 
 
216 BOUNTY LAND LAWS. 
 
 A soldier discharged in consequence of a disease he was laboring 
 under when he enlisted, is not entitled to land bounty. 
 
 [Secretary of the laterior, June 2, 1849.] 
 
 A volunteer not mustered into service with his company, but re- 
 gularly mustered out with it, is entitled. 
 
 [Secretary of the Interior, November 12, 1849.] 
 
 It appears that the act of March 16, 1802, gives a pension to the 
 soldier " who shall be disabled by wounds, or otherwise, while in the 
 line of his duty in public service." The act of February 11, 1847, 
 giving bounty land to soldiers, does not follow the language of the 
 above act. It gives the bounty land to soldiers who, having served 
 to the end of the war, shall receive an honorable discharge, or who 
 may be discharged in consequence of wounds received " in the course 
 of such service, or to the heirs of such as shall have been killed, or 
 died of wounds received, or sickness incurred in the course of such 
 service," omitting the restrictive words "in the line of his duty." 
 
 This change of phraseology cannot be presumed to be accidental. 
 It was doubtless intended to save all inquiry as to the manner in 
 which wounds were received, diseases contracted, or 'death occasioned, 
 provided it was in the course of the service — that is, while the sol- 
 dier was in the service and subject to duty. This construction is the 
 more reasonable as it is for the enlistment and service, and not for 
 the wounds, disease, or death that the bounty is given. The soldier 
 undertopk on his part to serve to the end of the war, if he were able 
 to do so, and the Government undertook to give him the bounty land 
 if he so served, and if he became unable to serve by reason of wounds 
 received, disease incuried, or if he shall be killed in the course of his 
 service. This soldier had served through the war ; he had earned 
 his land, was waiting for his discharge when he was killed in an affray. 
 His death rendered his discharge impossible, and it is a substitute for 
 it. His heirs, on full proof, are entitled to the bounty land. 
 
 [Secretary of the Interior; February 28, 1850.] 
 
 The claimant was discharged at Monterey by General Taylor, but 
 no cause for his being discharged is assigned in his certificate of dis- 
 charge, The rolls show that he was " discharged by order of General 
 Taylor." 
 
 He has made an affidavit in which he states 'that he was discharged 
 in consequence of sickness incurred in the service. It appears to 
 me that inasmuch as there is no record proof of the fact, he should 
 prove it by other testimony than his own affidavit. He has been 
 advised by the Pension Office, that if he would prove by a commis- 
 sioned officer that he was discharged in consequence of disease con- 
 tracted in the service, his claim would be allowed. He swears that 
 he has made diligent search for his commissioned officers, and is un- 
 able to ascertain the residences of either of them. 
 
 I am^ therefore of the opinion that the evidence now on file should 
 be held insufficient to establish the claitn, but that he should be in- 
 
PRINCIPLES AND DECISIONS. 217 
 
 formed that the facts necessary to make out the case may be proved 
 by credible persons, though not commissioned officers. 
 
 [Secretary of the Interior, March 9, 1850.] 
 
 I have examined the papers in the case of Charles Krohne, who 
 was a private in the 1st regiment U. S. dragoons. 
 
 It appears that said Krohne was enlisted on the 30th November, 
 1844, for five years, and was honorably discharged the 9th May, 
 1847, by reason of having received a commission as 2d lieutenant in 
 Captain Korponay's company mounted volunteers, from the Governor 
 of Mississippi. 
 
 The records of the Adjutant-General's office show that Krohne 
 was mustered into service a« 2d lieutenant, 21st May, 1847, and 
 mustered out of service 13th October, 1848. 
 
 The 9th section of the act of February 11, 1847, says " that each 
 non-commissioned officer, musician, or private enlisted, or to be en- 
 listed in the regular 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 re- 
 ceive an honorable discharge, shall be entitled to receive a certificate 
 or warrant from the War Department for the quantity of 160 acres." 
 The applicant comes within the letter of the law. He enlisted for 
 more than 12 months ; he served to the end of the war, and was 
 honorably discharged ; and I do not think he is excluded by the 
 spirit and meaning of the act. He rendered as effectual service to 
 the last as if he had remained in the ranks ; and that good conduct 
 and efficiency which induced promotion ought not to deprive the en- 
 listed soldier of his bounty. The papers are herewith returned. 
 
 [Secretary of the Interior, March 28, 1850.] 
 
 I herewith return the papers in the case of James Thompson, pri- 
 vate in the company of Captain Gillespie, 1st regiment of Texas 
 mounted volunteers, and I am of the opinion that his land bounty 
 should be allowed, as sickness, and his being in the hospital in Ca- 
 margo, was the reason why he was not mustered into the service with 
 the other members of his company. 
 
 [Secretary of the Interior, July 1, 1850.] 
 
 Volunteers under the act of May 18, 1846, who were mustered 
 into service and went wherever their services were required, whether 
 to Mexico, Florida, or elsewhere, are entitled under the act of 1847. 
 
 [Secretary of War, December 22, 1847.] 
 
 A soldier furloughed to act as a wagoner, and continuing so to act 
 until his discharge, is entitled. [Secretary of War, June 29, 1847.] 
 
 A soldier who left Mexico with his company, but was discharged 
 on reaching New Orleans a few days before the expiration of his 
 time, is entitled. [Secretary of War, April 24, 1848.] 
 
 A rejected recruit has no claim to bounty land. 
 
 [Secretary of War, January 6, 1849.] 
 
218 BOUNTY LAND LAWS. 
 
 A soldier discharged before his terra expires, in order that he may 
 
 re-enlist, is entitled. [Secretary of War, July 24, 1847.] 
 
 A company raised for twelve months, stationed in Iowa, but dis- 
 charged before the expiration of the period for which it was enlisted, 
 on the recommendation of a general officer, is entitled. 
 
 [Secretary of War, February 7, 1849.] 
 
 A party discharged on account of syphilis, is entitled under the 
 act of 1847, as explained by that- of the 24th March, 1848. 
 
 [Secretary of War, April 3, 1848.] 
 
 Volunteers mustered in for 12 months, but discharged before that 
 period had elapsed, are entitled. [Secretary o" "'.,>; May 13, 1847] 
 
 A soldier served to the end of the Mexican war, and was then dis- 
 charged at the request of his friends ; though his term of enlistment 
 had not expired, he received his bounty land. 
 
 [Secretary of the Interior, case of S. Reese.] 
 
 It is not necessary for the heirs to show that the death occurred 
 from wounds received or sickness incurred in the line of duty, to 
 entitle them under this act. 
 
 [Secretary of the Interior, case of J. F. Talbert.] 
 
 Clerks employed in the Quartermaster's Department in Mexico are 
 not entitled, unless they were regularly mustered into service. 
 
 [Secretary of the Interior, case of A. C. Wakcman.] 
 
 One enlisted after the 30th May, 1848, which was the close of the 
 Mexican war, is not entitled. 
 
 [Secretary of the Interior, case of R. E. Kelly.] 
 
 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, [Session 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 separate commands of 
 Lieutenant-Colonel Watson and Major Harris, were, as you inform 
 me, " detached from the navy, and transferred pro tempore to the 
 army," to serve with it, under Major-General Scott's command, in 
 the war. That these are entitled to the benefit of 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 con- 
 sistent with its spirit nor language. The interpretation I give to it 
 is, that all the officers, non-commissioned officers, privates, and musi- 
 cians of the corps who belonged to the vessels of the United States 
 despatched to the Mexican coast, to aid in subduing the cities and 
 
PRINCIPLES AND DECISIONS. 219 
 
 ports of the enemy, and conquering the country, and who were there 
 for the purpose, are equally embraced by the resolution with the 
 particular detachments under Lieutenant-Colonel Watson and Major 
 Harris. 
 
 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 efiFect a common end — victory over, and con- 
 quest of, the enemy — it w8,s 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 
 
 nrovided for. [Opinion of Attorney-General, September 17, 1849.] 
 
 A soldier died entitled to bounty land, leaving a mother, who did 
 not receive it during her life'; her heirs are entitled. 
 
 [Secretary of War, March 24, 1848.] 
 
 The soldier who first enlisted, and not any substitute he may em- 
 ploy to serve out his term, is entitled. 
 
 ^ ■ [Secretary of War, November 3, 1848.] 
 
 No. 3. 
 
 Devise. 
 
 Right to bounty^and is not devisable under this act. 
 
 [Opinion of Attorney-General, June 28, 1850.] 
 
 No. 4. 
 
 Fraud. 
 
 The person legally entitled is not to lose his warrant because an- 
 other has fraudulently obtained one upon the same service. 
 
 [Secretary of the Interior, May 16, 1849, and March IG, 1850.] 
 
 No. 5. 
 
 Evidence of the term of enlistment. 
 
 The rolls show that a soldier enlisted for five years, he is dis- 
 charged, on writ of habeas corpus, by a civil court, on the ground 
 that he enlisted only for the war; the rolls must govern, and the 
 soldier loses his land warrant. [Secretary of War, November 13, 1848.] 
 
 Where the rolls show an enlistment for five years, but the soldier 
 
 is discharged on A«Seas corpws on the ground that he enlisted only 
 
 for the war, the judicial opinion is to govern, unless fraud be shown, 
 
 and the party is entitled to his land. 
 
 ^ •' [Secretary of the Interior, August 18, 1849.] 
 
220 BOUNTY LAND LAWS. 
 
 No. 6. 
 Meissue of an assigned land warrant. 
 
 In reply to the inquiry contained in your letter of the 21st instant, 
 I have the honor to state that the instructions from this department, 
 dated the 25th ultimo, " are intended to apply to cases where the 
 certificates, after heing assigned, have been lost in their transmission 
 by mail from one pfece to another." 
 
 The duplicate certificate would, as a matter of course, issue to the 
 party to whom the original was issued, and be delivered to the per- 
 son claiming to be the assignee, after he had in the usual manner 
 before court established the execution of the last assignment. 
 
 [Secretary of the Interior, March 23, 1850.] 
 
 I am of the opinion that if you are fully satisfied of the loss of 
 the certificates in the mail, you may issue duplicates and deliver to 
 the person entitled to the possession of the originals. As to the 
 assignments transferring the property, you can take no notice of 
 them, no matter what the proof may be. The transfer of the title 
 where the assignment is lost is a matter to be settled in a court of 
 justice, and a decree in chancery may be obtained either before or 
 after the issuing of the duplicate certificates, which will settle the 
 
 title between the parties. [Secretary of the Interior.] 
 
 No. 7. 
 Commencement of the Mexican war. 
 The war with Mexico commenced on the 24th April, 1846. 
 
 [Secretary of the Interior, June 10, 1850.] 
 
 No. 8. 
 
 A warrant for each service. 
 
 If a soldier performed two or more tours of duty, during the 
 Mexican war, he shall receive a warrant for each service. 
 
 [Secretary of War, July 21, 1847.] 
 
 FORM OF APPLICATION AND REGULATIONS 
 
 Stateof 
 
 County of 
 
 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 , abovementioned, ....,,.,, 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 
 
 Sworn to and subscribed before me, the day and year above written. 
 
PRINCIPLES AND DECISIONS. 221 
 
 The discharge of the soldier, if he has one, must always accompany 
 his declaration. 
 
 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. 
 
 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 be 
 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 Caro- 
 lina, Wisconsin, and Indiana, in which States laws have passed giving 
 such officers power to administer oaths for general purposes. 
 
 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. 
 
 Volunteers in some cases have been discharged from the service 
 without ever having received a certificate to that eifect from the officer 
 who discharged them. Such 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." 
 
 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. 
 
 As there wer-e 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. 
 
 For the purpose of preventing the numerous frauds that are daily 
 attempted upon this office, the following rules, having been approved 
 by the Secretary of the Interior, will be strictly enforced : 
 
 In all applications for pensions, renewals of pensions, and for 
 bounty land, the signature of the applicant must be attested, and his 
 or her personal identity established by the affid:ivits of two witnesses, 
 whose residences must be given, and whose credibility must be sus- 
 tained by the certificate of the court or magistrate before whom the 
 application is verified. 
 
 No certificate of facts found by any court will be deemed sufficient 
 in any case, unless the facts are certified to be within the personal 
 knowledge of the Judge who shall sign the certificate ; or the names 
 
222 BOUNTY LAND LAWS. 
 
 and places of residence of the witnesses by whom tli,; fi^t.-^ ■i"'" 
 established be given ; or their affidavits, properly authenticated, be 
 appended to the certificate. 
 
 INSTRUCTIONS AND FORMS 
 
 To be observed by persons applying to the Pension OfBce for Bounty Land, under the 
 acts of February 11, 1847, and May 27, 1848, or for money in lieu of land under the 
 act of March 3, 1849. 
 
 Every person applying for bounty land, or money in lieu thereof, 
 must send his discharge to the Pension Office, if he over recciveii one, 
 and has it in his power to send it. If his discharge has been lost (ir 
 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. Such cases have occurred where an entire 
 regiment has been HQustered 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 : 
 
 Sir : I request that my claim to bounty land, under the 9th section 
 of the act of the 11th of February, 1847, entitled "An act to raise 
 for a limited time an additional military force, and for other pur- 
 poses," 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.] 
 
 I am, respectfully, your obedient servant, 
 
 To THE Commissioner of Pensions, 
 Washington City. 
 
 No copy of a discharge, or any other pape;r, 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 declara- 
 tion, before an officer duly a,uthorized to administer oaths for general 
 purposes, according to the following form : 
 
FOR EXCEPTED OFFICERS AND SOLDIERS, &C. 223 
 
 State of 
 
 County of 
 
 *^" "''^ 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 abovementioned , who being duly sworn accord- 
 ing to law, declares tliat he is the identical who was a in the 
 
 company commanded by Captain , in the regiment com- 
 
 manded by ; that he enlisted on the day of , for the 
 
 *erm of , and was discharged at , on the day of , 
 
 by reason of 
 
 Sworn to and subscribed before me, the day and year above written. 
 
 The following description of persons are not entitled to land or 
 money in lieu thereof : 1. Those who are discharged on account of 
 disability not incurred while in the service. 2. Those who deserted. 
 3. Those who were not honorably discharged. 4. Those who were 
 discharged at their own request. 5. Rejected recruits, or persons 
 who were not fit for service when they enlisted. 
 
 No. 5. 
 BOUNTY LANDS 
 
 FOR ALL OFFICERS AND SOLDIERS NOT INCLUDED IN THE PRE- 
 CEDING LAWS, WEO SERVED IN ANT WAR SINCE 1790, AND 
 THE "WIDOWS AND MINOR CHILDREN OF THE DECEASED. 
 
 An act granting bounty land to certain officers and soldiers who have been engaged in 
 the military service of the United States. 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives 
 of the United States of Ainerica in Congress asseonhled, That each 
 of the surviving, or the widow or minor children of deceased commis- 
 sioned and non-commissioned officers, musicians, or privates, whether 
 of regulars, volunteers, rangers, or militia, who performed military 
 service in any regiment, company, or detachment, 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 entitled to lands, as follows : Those who engaged to serve 
 twelve months or during the war, 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 dis-« 
 charged in consequence of disability in the service, before the expira- 
 tion of Jjis period of service, he shall receive the amount to which he 
 would nave been entitled if he had served the full period for which 
 
224 BOITNTY LANDS. 
 
 he had engaged to serve : Provided, The person so having heen 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 h-e has received, or 
 is entitled to, any military land bounty under any a(jt of Congress 
 h^etofore passed. 
 
 Sec. 2. And he 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 pro- 
 visions of this act in the same manner that he would be entitled in 
 case he had enter€d 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 he it further 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 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 tlie General Land 
 Office, a patent shall be issued therefor. In the event of the death 
 of any commissioned or non-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, and 
 enure to the benefit of his widow, who shall receive one hundred 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 applica- 
 tion : Provided further, That no land warrant issued under the pro- 
 visions 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 he it fwther enacted. That all sales, mortgages, let- 
 ters of attorney, or other instruments of writing, going to aflect tlie 
 title or cla,im 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 war- 
 rant, 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 
 
DECISIONS UNDER THE ACT OF SEPTEMBER 28, 1850. .225 
 
 cause to be located, free of expense, any warrant -whicli 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. [Approved, September 28, 1850.] 
 
 An act making land warrants assignable, and for other purposes 
 
 Sec. 5. And he 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 miles from 
 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 28th of September, 1850, there shall be 
 allowed one day for every twenty miles from 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 com- 
 pany, battalion, or regiment was discharged, to the place where it 
 was organized, and from whence it marched, to enter the service. 
 
 [Approved, March 22, 1852.] 
 DECISIONS UNDER THE ACT OF SEPTEMBER 28, 1850. 
 
 No. 1. 
 
 Marines entitled. 
 
 I have to inform you that 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, they are entitled to the 
 benefit of the aforesaid act. [Secretary of the Interior, October 12, 1850.] 
 
 No. 2. 
 
 One person can receive only one warrant. 
 
 It has also been decided, that although not expressly provided by the 
 terms of the law, yet its tenor throughout contemplates that the same 
 person shall not receive more than one warrant, although he may 
 have performed service which, if rendered by several individuals, 
 would entitle each to a warrant. 
 
 [Secretary of the Interior, October 12, 1850,] 
 15 
 
226 BOUNTT LANDS. 
 
 If a soldier served longer than is sufficient to entitle him to forty 
 acres, he may agglomerate all the time of his several services, and 
 receive a land warrant for the aggregate. 
 
 N"o. 3. 
 
 What widows entitled. 
 
 The second marriage of the widow deprives her of the benefit of 
 
 the act, unless she was a widow at the time of the passage of the law, 
 
 and of her application for the land bounty. 
 
 [Secretary of the Interior, Oetdber 26, 1850.] 
 
 The present Secretary of the Interior has decided that if the widow 
 of the soldier remarried after his death, she can claim nothing for his 
 services, though a widow when applying. 
 
 No. 4. 
 
 Who not entitled. 
 
 Troops called out by a proclamation of the President of the United 
 States, but not mustered into service, are not entitled. 
 
 [Secretary of the Interior, February 3, 1851.} 
 
 The Winnebago disturbances in 1827, did not amount to sucb a 
 state of war as to authorize bounty land to the soldiers engaged in 
 
 their suppression. [Secretary of the Interior, May 23, 1863.] 
 
 Widows of soldiers who themselves received bounty land for ser- 
 vices in the war of 1812 are not entitled. 
 
 [Case of Maiy Ballard, decided November 10, 1853.] 
 
 No. 5. 
 
 Warrant issued after the soldier's death. 
 
 A warrant which issues after the death of the soldier in whose 
 name it is granted, should be cancelled. If he left a widow, a new 
 one will issue to her ; if no widow, then to his minor children ; if 
 neither widow nor minor child, the warrant lapses to the government. 
 
 [Secretary of the Interior, December 27, 1851.] 
 
 No. 6.' 
 
 Evidence of Desertion. 
 
 If a soldier be returned on the rolls as a deserter, this charge can- 
 not be obviated by parole proof. 
 
 [Secretary of the Interior, case of Adam Carver, June 23, 1853.] 
 
 If the charge be unfounded, the party should satisfy the War 
 Department of that fact, and the rolls being corrected there, the 
 Pension Office will grant the bounty land. 
 
 No. 7. 
 
 Captivity. 
 
 The time a soldier was in captivity will be computed as part of his 
 service, but not that while he was on parole. 
 
 [Secretary of the Interior, case of R. E. Kelly, March 16, 1852.] 
 
DECLARATION AKD REGULATIONS. 227 
 
 No. 8. 
 Minors. 
 
 No child can claim as a minor under this act unless such as con- 
 tinues to be a minor at the date of the warrant. 
 
 [Secretary of the Interior, May 30,1853.] 
 
 No. 9. 
 
 Substitutes. 
 The substitute, and not the employer, is entitled. 
 
 [Secretary of the Interior.] 
 
 FORM OF DECLARATION AND REGULATIONS. 
 
 In every application for the benefit of this act, whether made by 
 the surviving officer or soldier himself, or by his widow or minor child 
 or children, a declaration, under oath, must be made as nearly ac- 
 cording to the following forms as the nature. of the case will admit. 
 
 In such declaration the signature of the applicant must be attested, 
 and his or her personal identity established by the affidavits of two 
 witnesses, whose residences must be given, and whose credibility must 
 be sustained by the certificate of the magistrate before whom the 
 application is verified. 
 
 No certificate of facts will be deemed sufficient in any case, unless 
 the facts are certified to be within the personal knowledge of the 
 magistrate or other officer who shall sign the certificate ; or the names 
 and places of residence of the witnesses by whom the facts are estab- 
 lished be given, and their affidavits, properly authenticated, be ap- 
 pended to the certificate. 
 
 The official character and signature of the magistrate who may 
 administer the oath must be certified by the clerk of the proper court 
 of record of his county, under the seal of the court, and a certificate 
 to that efiiect 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 certifi- 
 cate 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. 
 
 As the act of 1850 grants bounty land to " each of the surviving, 
 or the widow or minor children of deceased commissioned and non- 
 commissioned officers, musicians, and privates," those applying for 
 this bounty upon services rendered in any other capacity must fur- 
 nish satisfactory proof that they were regularly detailed from the 
 line for that particular purpose ; and members of the marine corps 
 must have served with the army in the field, in the several wars re- 
 ferred to in the act of 1850, as a portion of the army, in order to 
 give them the benefits of the act. 
 
228 BOUNTY LANDS. 
 
 When the name of a person on whose service a claim is asserted is 
 not found on the rolls of the company designated, or of some other 
 company of the same regiment or corps, the testimony of persons 
 who were in a situation to know the facts about which they testify 
 will be received to prove the service ; but in no case will any testi- 
 mony be allowed to vary or discredit the length of service shown by 
 the rolls. 
 
 When no rolls of a company in which service is alleged to have 
 been rendered are found in the files of the proper department, satis- 
 factory proof of payment for such service by the United Stages will 
 be required ; and in that case the positive testimony of at least two 
 witnesses who have received bounty land for the same service, or who 
 were in a position to know the facts about which they testify, will be 
 required to establish the service of the claimant. 
 
 Where a party dies hefore the issue of his land warrant under the 
 act of 28th September, 1850, the right to it dies with him, unless 
 there be a widow, or children who are minors at the time of the issue 
 of the land warrant. If he left a widow, the application may be 
 renewed in her name ; or if none, then in the names of such minor 
 children. If there be neither widow nor minor children, no right 
 vests in any one. 
 
 If the claimant die after the issue of the warrant, the title thereto 
 vests in the heirs in the same manner as real estate, and can be as- 
 signed only by those who could convey a tract of land descended 
 from the ancestor. 
 
 Where the service has been rendered by a substitute, he is the 
 person entitled to the benefit of the law, and not his employer ; and 
 where his name does not appear on the rolls as such, an affidavit to 
 that effect of the person who employed him should be furnished. 
 
 FORM OF A DECLARATION TO BE MADE BY THE SURVIVING OFFICER 
 
 OR SOLDIER. 
 
 State OF , \^^ 
 
 County of , ^ 
 
 On this day of , A. D. 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 and for 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 iden- 
 tical who was a in the company(o) 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 the 
 
 day of A. D , 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 , A. D (b) 
 
 (o) If the claimant was a regimental or staff ofKoer, the declaration must be varied 
 according to the facts of the case. 
 
 (6) If the claimant was discharged in consequence of disability incurred by the ser- 
 vice, or if he was in captivity with the enemy, he hiust vary his declaration so as to set 
 forth the facts of the case. 
 
FORM OF DECLARATION BY A WIDOW. 229 
 
 .♦'"V-^t^i.''"" *° ^^^ service above described, he claims for miles, from 
 
 at Which he was enrolled, to , where he was mustered into service, and for 
 
 miies, trom .. at which he was discharged, to the said place of his enrolment. 
 
 „ "\™* f-^,' J ^ '*''^''°" ^°' "'^ purpose of obtaining the bounty land to which he 
 may ne entiUed under the "act granting bounty land to certain officers and soldiers 
 lS«l"'^w engaged in the military service of the United States," passed September 28th, 
 loou. Me also declares that he has not received a warrant for bounty land under this 
 or any other act of Congress, nor made any other application therefor, 
 
 {Signature of the claimant.) 
 
 State of i 
 
 City {or toum) of Jgg. 
 
 County of ^ 
 
 Personally came and , residents of the (county, 
 
 city, or town,) persons whom I certify to be respectable and entitled to credit, and who, 
 
 being duly sworn, say, that they were present and saw make his mark 
 
 (or sign his name) to the foregoing declaration ; and they further swear that they have 
 every reason to believe, from the appearance of the applicant, that he is the identical 
 person he represents himself to be ; and that they, deponents, do reside in the (county, 
 city or town) aforesaid. 
 
 {Signature of loitnestes;) 
 
 Sworn to and subscribed before me this day of 
 
 (Signature of Justice, or other officer.) 
 
 FORM OF A DECLARATION TO BE MADE BY THE WIDOW OF A 
 DECEASED OFFICER OR SOLDIER. 
 
 State OF , ^ 
 
 County of , ^ 
 
 On this day of , A. D. one thousand eight hundred and , 
 
 personally appeared before me, a Justice of Ihe Peace, (or other officer authorized to ad- 
 minister oaths for general purposes,) within and for the county and State aforesaid, 
 
 , aged years, a resident of , in the State of , 
 
 who, being duly 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 , A. D , 
 
 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 
 
 A.D (o) 
 
 (a) 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 hus- 
 band's services with the particularity as to dates, &c., indicated by the above form. In 
 such ease 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 be a public record of the marriage, a duly certified copy 
 of it should be forwarded, if possible. If there be none but a private or family record, 
 such family record, or a certified copy of the same, should be forwarded, with the affi. 
 davit of some disinterested persons proving the genuineness of the original and the 
 correctness of the copy. If no public or private record of the marriage exist, or can 
 be procured, that 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 lifetime of the 
 
230 BOUNTY LANDS. 
 
 She makes this declaration for the purpose of obtaining the boanty land to which she 
 may be entitled under thrf "act passed September 28, 1850." 
 
 (^Claimant's signature.) 
 
 Sworn to and subscribed before me the day and year above written, 
 
 (Officer's signature.) 
 
 APPLICATION BY MINOR CHILDREN. 
 
 If any oflScer or soldier who would have heen entitled to hounty 
 land under this act be dead, leaving no widow who still survives him, 
 but a child or children under the age of majority, at the time of the 
 issuing of the warrant, such minor child or children are entitled to 
 the same quantity of land that the father would have been en- 
 titled to. 
 
 In such case, the guardian, or next friend of such minor child or 
 children, must make a declaration 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 the name or names, and exact age or ages, of his surviving minor 
 child or children. 
 
 This declaration must be accompanied by satisfactory proof of the 
 father's death, that no widow survives him, and of the ages of the 
 minor children. If there be any family record showing the ages of 
 the children, that or a certified copy of it should be forwarded, with 
 the afiSdavit of some disinterested person, proving the genuineness 
 of the original, and that the copy certified is a true and correct 
 one. 
 
 husband, and knew them to live together as husband and wife, and to be so reputed — 
 will be admissible. 
 
 ICr In no case, however, will the mere statement of witnesses that the claimant is the 
 icidote 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. 
 
 She further states that she was married to the said in , 
 
 on the day of , A. D , by one , a , 
 
 and that her name before her said marriage was , ; that her said husband 
 
 died at , on the day of , A. D , and that she is 
 
 still his widow, (a) 
 
 (a) A widow forfeits her title by a subsequent marriage (except those widows whose 
 husbands were killed in battle ;) and in such case it descends to the minor child or 
 children, if any. 
 
GENERAL EULES. 231 
 
 No. 6. 
 BOUNTY LANDS 
 
 FOE ALL MILITIA OR VOLUNTEER OFFICERS AND SOLDIERS WHO 
 HAVE BEEN PAID FOR MILITARY SERVICES SINCE THE 18tH 
 JUNE, 1812. 
 
 An act making land warrants assignable, and for other purposes. 
 
 Sec. 4. And he it further enacted, That in all cases where 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 hun- 
 dred 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 who have 
 been engaged in the military service of the United States," approved 
 September twenty-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 same is hereby repealed: 
 Provided, That nothing herein contained shall authorize bounty land 
 to those who have heretofore received or become entitled to the 
 
 same. [Approved, Marcii 22, 1852.] 
 
 The benefits of the act of September 28, 1850, were confined to 
 those who had served in the field during some war declared or recog- 
 nised by Congress. This act, it will be perceived, extends to all 
 militia, volunteers, and State troops who, since the declaration of the 
 last war with Great Britain, had been paid by the United States for 
 military services, whether at the seat of hostilities or not, and whether 
 during a time of acknowledged war or not. With this exception, all 
 the remarks relative to the act of 1850 apply to this. 
 
 The form of declaration is the same with that under the act of 1850, 
 except in the recitation of the act, which of course is named as that 
 of March 22, 1852. 
 
 GENERAL RULES RELATING TO ALL LAND WARRANTS. 
 
 A warrant obtained by fraud will always be cancelled by the 
 Department, unless in the hands of an innocent purchaser. In the 
 latter event, the Secretary of the Interior, on the 10th November, 
 1851, decided that the government was responsible. 
 
 The fact that a party has fraudulently obtained a land warrant for 
 a particular service, does not preclude the party really entitled. 
 
 Land warrants, at first expressly made incapable of transfer, were 
 all made assignable by the following act : — 
 
232 BOUNTY LANDS. 
 
 An act making land warrants assignable, and fi>r other purposes. 
 
 Be it enacted hy 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 pursu- 
 ant 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 thenein 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 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 
 warrants 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. [Approved, March 22, 1853.] 
 
PART YII. 
 
 PAY TABLES, MISCELLANEOUS RULES» &C. 
 
 ARMY PAY. 
 
 PAY OF THE ARMY, ACCORDING TO THE PAY TABLE OF 1852. 
 
 Bank or Grade. Pay per montli. 
 
 Itlajor general $200 
 
 Aid-de-camp, in addition to pay, 
 
 &c., of lieutenant „ 24 
 
 Brigadier general 104 
 
 Aid-de-camp to brigadier general, 
 in addition to pay, &c., of lieu- 
 tenant 20 
 
 Adjutant general 90 
 
 Assistant adjutant general, 'with 
 
 rank of It. colonel..'. 75 
 
 Assistant adjutant general, with 
 
 rank of major 60 
 
 Assistant adjutant general, with 
 
 rank of captain 50 
 
 Quartermaster general 104 
 
 Inspector general.\ 90 
 
 Assistant quartermaster general... 90 
 
 Deputy quartermaster general 75 
 
 Quartermaster 60 
 
 Assistant quartermaster 60 
 
 Paymaster general, $2,500 per ann. 
 
 Deputy paymaster general 75 
 
 Paymaster 60 
 
 Commissary general of subsistence 90 
 Assistant commissary general of 
 
 subsistence 75 
 
 Commissary of subsistence, with 
 
 rank of major 60 
 
 Commissary of subsistence, with 
 
 rank of captain •••. 50 
 
 Assistant commissary of subsist- 
 
 ance, in addition to pay, &c,, of 
 
 lieutenant 20 
 
 Surgeon general, $2,500 perann. 
 Surgeon of ten years' service in that 
 
 grade 60 
 
 Surgeon, less than ten years' ser- 
 vice 60 
 
 Rank or Grade. Pay per month. 
 Assistant surgeon of ten years' ser- 
 vice $ 50 
 
 50 
 33J 
 
 60 
 50 
 60 
 
 50 
 
 Assistant surgeon of five years' 
 service 
 
 Assistant surgeon, less than five 
 years' service 
 
 Prof, of natural and experimental 
 philosophy 75 
 
 Assistant prof, of natural and ex- 
 perimental philosophy 50 
 
 Professor of mathematics and com- 
 mander of corps of cadets, each 
 
 Assistant professor of mathematics 
 
 Professor of engineering 
 
 Assistant professor of engineering 
 and instructor of practical engi- 
 neering, each 
 
 Professor of chemistry, mineralogy, 
 and geology 60 
 
 Assistant professor of chemistry, 
 mineralogy, and geology,, and 
 assistant professor of ethics, each 50 
 
 Chaplain and professor of ethics... 60 
 
 Teacher of French language 50 
 
 Teacher of drawing 50 
 
 Master of the sword 46; 
 
 Military storekeeper, clothing de- 
 partment, $1,250 per annum... 
 
 Storekeeper of ordnance at arsenals 
 of construction, $1,250 per ann. 
 
 Storekeeper of ordnance, $800 per 
 annum. 
 
 Chaplain not to exceed 40 
 
 Colonel of engineers, topographical 
 engineers, ordnance, dragoons, or 
 mounted riflemen 
 
 Lt. col. of do. do. do. do. do. 
 
 Major of do. do. do. do. do. 
 (233> 
 
 90 
 75 
 60 
 
234 
 
 PAT TABLES. 
 
 Rank or Grade. Faj per month. 
 
 Captain of engineers, topographical 
 engineers, ordnance, dragoons, 
 
 or mounted riflemen $ 50 
 
 Lt. 1st & 2d do. do. do. do. 33^ 
 Adjutant of dragoons, in addition 
 
 to pay, &c., of lieutenant 10 
 
 Begimental quartermaster of dra- 
 goons, in addition to pay, &c., of 
 
 lieutenant 10 
 
 Serg. maj. of drag, or m't'd riflemen 17 
 
 Q'rmaster serg. of drag. do 17 
 
 Chief bugler of do. do 17 
 
 First sergeant of do. do 16 
 
 Sergeant of do. do 13 
 
 Corporal of do. do 10 
 
 Bugler of do. do 9 
 
 Far. & blacksm'h of do. do 11 
 
 Private of do. do 8 
 
 Master armorer, master carriage 
 maker, master blacksmith, of 
 
 ordnance 30 
 
 Armorer of ordnance 16 
 
 Blacksmith of do 16 
 
 Carriage maker of do 16 
 
 Artificer of do 13 
 
 Laborer of do 9 
 
 Hpspital stewardj'at a post of more 
 than four companies, pay of ord- 
 nance sergeant 18 
 
 Hospital steward, pay of 1st serg't. 16 
 
 Matron 6 
 
 AKTIILEKT AND INPANTBT. 
 
 Rank or Grade. Fay per month. 
 
 Colonel 75 
 
 Lieutenant-colonel 60 
 
 Major 50 
 
 Adjutant, in addition to pay, &c. of 
 
 lieutenant , 10 
 
 Kegimental quartermaster, in addi- 
 tion to pay, &c., of lieutenant ... 10 
 
 Captain..... 40 
 
 First lieutenant 30 
 
 Second lieutenant 25 
 
 Cadet 24 
 
 Sergeant-major 17 
 
 Quartermaster-sergeant ,, 17 
 
 Principal musician of infantry 17 
 
 First sergeant 16 
 
 Ord. serg., in addition to pay, of 
 
 sergeant 5 
 
 Sergeant 12 
 
 Corporal 9 
 
 Artificer of artillery 11 
 
 Musician 8 
 
 Private 7 
 
 SAPPEBS, MINEKS AND P0NT0N1EE3. 
 
 Sergeant 30 
 
 Corporal 16 
 
 Musician , 8 
 
 Private, of the 1 St class 13 
 
 Private, of the 2d class 9 
 
 NAVY PAY, 
 
 AS IT EXISTED ON THE IST JANUAEY, 1835. 
 
 Pay per month. 
 $100 
 
 75 
 
 Rank or Grade. 
 
 Captains 
 
 Do. of vessels above 20 and un- 1 
 
 der 32 guns. J 
 
 Masters Commandant 60 
 
 Lieutenants Commanding 60 
 
 Lieutenants 50 
 
 Surgeons — 
 
 Under 5 years — onshore 50 
 
 at sea 60 
 
 Over 5 years — onshore 55 
 
 at sea 65 
 
 Over 10 years — on shore 60 
 
 at sea 70 
 
 Over 20 years — on shore 70 
 
 at sea 80 
 
 Surgeons of the Fleet — 
 
 Under 5 years 60 
 
 Over 5 years 65 
 
 10 years 70 
 
 20 years 80 
 
 Assistant Surgeons — 
 
 Under 5 years — onshore 30 
 
 Over 2 years — at sea 35 
 
 ...... 5 years — on shore 35 
 
 at sea 40 
 
 Ten years — on shore 40 
 
 Rank or Grade. Pay per month. 
 
 Assistant surgeons at sea 45 
 
 Pursers 40 
 
 Chaplains 40 
 
 Passed Midshipmen..^ 25 
 
 Midshipmen 19 
 
 Sailing Masters 40 
 
 Boatswains 20 
 
 Gunners 20 
 
 Carpenters , 20 
 
 Sail-makers ; 20 
 
 School-masters 25 
 
 Captains' Clerks 25 
 
 Masters' Mates 
 Boatswains' Mates . 
 Carpenters' Mates 
 
 Coxswains 
 
 Quarter-Gunners .,., 
 
 Master-at-Arms 
 
 Armorers 
 
 Stewards 
 
 Coopers 
 
 Cooks 
 
 Seaman 
 
 Ordinary Seaman ... 
 Landsman 
 
 20 
 9 
 9 
 8 
 
 Boys 6 to 8 
 
MISCELLANEOUS RULES, ETC. 
 
 235 
 
 The rate of pension of Engineers, Firemen, &c., is fixed by the 
 act of August 11, 1848. 
 
 MARINE PAY. 
 
 Rank or Grade. Pay per month. 
 
 Colonel-Commandant $ 75 
 
 Lieutenant-Colonel 
 
 At sea or on leave 60 
 
 Commanding 60 
 
 Majors ^_ 
 
 At sea or on leave 50 
 
 Commanding 50 
 
 Staff Captains — 
 
 Adjutant and inspector 60 
 
 Pay and quartermasters, each ... CO 
 
 Staff Lieutenants — 
 
 Assistant quartermaster 50 
 
 Captains — • 
 
 At sea or on leave — of 30 years' 
 
 service 40 
 
 At sea or on leave — of 25 years' 
 
 service 40 
 
 At sea or on leave — of 20 years' 
 
 service 40 
 
 On shore duty — of 30 years' ser- 
 vice 40 
 
 On shore duty — of 25 years' ser- 
 vice 40 
 
 On shore duty — of 20 years' ser- 
 vice 40 
 
 Commanding a guard in receiving 
 ship or squadron — of 30 years' 
 
 service 40 
 
 Commanding a guard in receiving 
 ship or squadron — of 25 years' 
 
 service 40 
 
 Commanding a guard in receiving 
 
 Rank or Grade. Pay per month. 
 
 ship or squadron — of 20 years' 
 
 service 40 
 
 First Lieutenants — 
 
 At sea or on leave — of 20 years' 
 
 service 30 
 
 At sea or on leave — of 15 years' 
 
 service 30 
 
 At sea or on leave — of 10 years' 
 
 service 30 
 
 On shore duty — of 20 years' ser- 
 vice 80 
 
 On shore duty — of 15 ys. service 30 
 On shore duty — of 10 ys. service 30 
 Commanding guard in receiving 
 ship or squadron — of 20 years' 
 
 service 30 
 
 Commanding guard in receiving 
 ship or squadron — of 15 years' 
 
 service 30 
 
 Commanding guard in receiving 
 ship or squadron — of 10 years' 
 
 service 30 
 
 Second Lieutenants — 
 
 At sea or on leave — of 10 years' 
 
 service 25 
 
 At sea or on leave — of 5 years' 
 
 service 25 
 
 Orderly Sergeant 16 
 
 Sergeant 13 
 
 Corporal 9 
 
 Musician 8 
 
 Private 7 
 
 APPLICATION WHERE A PENSION CERTIFICATE IS ILLEGALLY 
 
 WITHHELD. 
 
 The pensioner must state, in its place in the affidavit here ap- 
 pended, the H mount of pension to which he is now entitled, which, in 
 some cases, varies from that in the original certificate ; and he must 
 sign and make oath to the affidavit. 
 
 The oath may be administered by any officer properly qualified to 
 take an affidavit. 
 
 Such officer will state, in the place indicated in his certificate here 
 appended, the evidence of identity of the affiant or pensioner ; whe- 
 ther personal knowledge, or the affidavits of respectable persons — 
 giving their names. 
 
236 PAY TABLES, 
 
 AFFIDAVIT OF THE PENSIONER. 
 
 State OP , } 
 
 CouTtty of , S 
 
 Be it known, that before me , u. Justice of tiie Peace in and for the 
 
 county aforesaid, personally appeared , and made oath, in due form of law, 
 
 that he is the identical named in an original pension certificate now ille- 
 gally withheld by , [Here state the facts respecting the detention of the pension 
 
 certificate.'] that he is entitled to a pension of dollars per month on account 
 
 of the wounds and disabilities received, or of services rendered to the United States 
 
 during the war; that he served in Captain 's company of 
 
 , in the regiment; that he now resides in , 
 
 and has resided there for the space of years past;, and that, previous 
 
 thereto, he resided in 
 
 [Signed] A B 
 
 Sworn and subscribed this „ day of , 18... . 
 
 [^Certificate of the officer who administers the oath.] 
 
 State of , ) 
 
 County of , ^ 
 
 Conformably to the regulations of the War Department of the 27th of October, 1832, 
 
 I, , a magistrate in the county above named, do hereby certify that I have 
 
 the most satisfactory evidence, viz.: , [Here state the evidence of identity, 
 
 ichether personal knowledge, or the affidavit of respectable persons,] that ., who 
 
 this day appeared before me to take the oath of identity, is the identical pensioner he 
 declares himself to be in the annexed affidavit ; and I am also satisfied that the state- 
 ment made by him in relation to the pension certificate is true. 
 
 Given under my hand at , the day and year above written. 
 
 C D J. P. 
 
 [ Certificate and seal of the Clerk of the Court.] 
 
 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 my 
 name, this day of , in the year 
 
 [l. s.] C C , 
 
 Clerk of the Court of county. 
 
 APPLICATION WHERE A PENSION CERTIFICATE IS LOST. 
 
 The oath of the pensioner must be taken before a duly qualified 
 magistrate, whose official character and signature must be properly 
 authenticated. 
 
 The pensioner's oath must be supported by another person as to 
 identity, who must swear that he well knows him to be the same per- 
 son described in the affidavit. 
 
 The magistrate must certify that the deponent is a person of vera- 
 city. And his official character must be authenticated by the certi- 
 ficate of the proper officer, under his seal of office, setting forth that 
 the officer before whom the affidavit may be made is a justice of the 
 peace, judge, or notary public, (as the case may be.) 
 
 In every case where the clerk of the court or other certifying officer 
 has no public seal of office, the certificate of a member of Congress, 
 proving the official character and signature of the certifying officer, 
 should be sent with the papers. 
 
MISCELLANEOUS RULES, ETC. 237 
 
 When^ a person acting as an agent or attorney for a pensioner loses 
 the certificate, the affidavit of that person is also required, whicli 
 must be authenticated as above. 
 
 No attention will be given to applications from persons who act as 
 agents, unless they are known at the War Department, or are vouched 
 for as respectable persons by some one who is known to the Depart- 
 ment. 
 
 FORM OF APPLICATION FOR A NEW CERTIFICATE OF PENSION. 
 
 County if , ss. 
 
 On this day of , 18..., before me, the subscriber, a Justice of 
 
 the Peace for the said county of , personally appeared , who, 
 
 on his oath, declares that he is the same person who formerly belonged to the company 
 
 commanded by Captain , in the regiment commanded by Colonel 
 
 I in the service of the United States; that his name was placed on the pension 
 
 roll of the State of ; that he received a certificate of that fact under the 
 
 signature and seal of the Secretary of War, which certificate, on or about the day 
 
 of , 18..., a< »r near he 
 
 [Signed] A B 
 
 Sworn and subscribed to before me, the day and year aforesaid. 
 
 C D , J. P. 
 
 [Here should be /innexed the testimony of some respectable person to identify tire pen. 
 
 sionerJ] 
 
 [Here the magistrate must certify that the deponent is a person of veracity,] 
 
 [And here the Clerk of Court, Secretary of State, or other officer, must certify, under his 
 
 seal of office, the official character of him, who administered the oaths,] 
 
 APPLICATION FOR INCREASE OF AN INVALID PENSION. 
 
 No application for an increase of an invalid pension will be exa- 
 mined, unless the proof be first presented to the pension agent where 
 the payment is made. He will forward the "surgeons' affidavit," 
 the " pension certificate," &c., to the War Department. [Now to 
 the Department of the Interior.] 
 
 If the applicant was pensioned on account of a wound received 
 previous to the late war, he should be examined by two surgeons, 
 under a commission issued by a judge of one of the United States 
 courts, in order to obtain an increase of his pension. 
 
 The magistrate who may administer the oath to the surgeons must 
 certify that they are respectable in their profession, or believes, on 
 the information of others, that they are so. 
 
 And the official character and signature of the magistrate must be 
 certified by a proper officer under his seal of office. 
 
 If the claimant be within thirty miles of an army surgeon, he must 
 obtain his testimony. 
 
 The oath may be made before any officer duly authorized to admi- 
 nister oaths. 
 
 SURGEONS' AFFIDAVIT FOR AN INCREASE OF INVALID PENSION. 
 
 It is hereby certified that , formerly a of Captain 's 
 
 company, in the regiment of ; who it appears by the accompanying 
 
 , was placed on the pension roll at the rate of dollars per month, on 
 
 account, as he states, of having received a while in the line of his duty, and 
 
 in the said service, on or about the „.,,., day of ....,.«... , in the year , at 
 
238 PAY TABLES, 
 
 a place called , in the State [or Territory] of , ia not only 
 
 BtiU disabled in consequence of the said injury, but, in my opinion, is entitled to 
 
 more than he already receives as a pensioner, being disabled to a degree amounting to 
 of 0- total disability E F. , ) gurgems. 
 
 Sworn to and subscribed before me, C D , J. P. 
 
 [Here should follow the certificate of the magistrate, thai the surgeons are respectable in 
 their profession.] 
 
 [And here the Clerk of Court, Secretary of State, or other officer, should certify, under his 
 seal 0/ office, the official character (f the magistrate who administered the oath.] 
 
 APPLICATION FOR TRANSFER OF PAYMENT OF PENSION. 
 
 The oath of the applicant must be taken before a duly qualified 
 magistrate, whose official character and signature must be certified 
 by the proper officer, under his seal of office. The county clerk, 
 Secretary of State, or some other officer, will certify under his seal 
 of office, that the officer who administered the oath is a justice of the 
 peace, judge, mayor, alderman, or notary public, (as the case may 
 be,) and that the signature purporting to be his is genuine. 
 
 The oath must be supported by the testimony of some respectable 
 person, as to the pensioner's identity. He must swear that the per- 
 son who has taken the oath is the person described in the affidavit. 
 The magistrate must certify that the witness is a person of veracity, 
 and the affidavit must also be authenticated in the manner above 
 directed. 
 
 In every case where the clerk of the court, or other certifying 
 officer, has no public seal of office, the certificate of a member of 
 Congress, proving the official character and signature of the certify- 
 ing officer, should be sent with the papers. 
 
 FORM OF APPLICATION FOR A TRANSFER OF PENSION. 
 
 County of , ss. 
 
 On this day of 18..., before me, the subscriber, n Justice of the 
 
 Peace for the said county of , personally appeared , who, on his 
 
 oath, declares that he is the same person who formerly belonged to the company com- 
 manded byCaptain , in the regiment commanded by Colonel , 
 
 in the service of the United States ; that his name was placed on the pension roll of the 
 
 State of , from whence he has lately removed; that he now resides in the 
 
 State [District or Territory] of , where he intends to remain, and wishes his 
 
 pension to be there payable in future. The following are his reasons for removing from 
 
 to : [Signed] A B 
 
 Sworn and subscribed to before me, the day and year aforesaid. 
 
 C D J. P. 
 
 [Here should be annexed a certificate, to identify the pensioner, by some respectable person.] 
 [Here the magistrate must certify that the vjitness is a person of veracity,] 
 [And here the Clerk of Court, Secretary of State, or other officer, must certify, under his 
 seal of office, the official character of him who administered the oaths.] 
 
 A. 
 
 APPLICATION WHERE THE PENSION IS TO BE DRAWN BY AN 
 
 ATTORNEY. 
 
 State or )^ 
 
 County of , { 
 
 Be it known, that before me, , a , in and for the county 
 
 aforesaid, duly authorized by law to administer oaths, personally appeared , 
 
MISCELLANEOUS RULES, ETC. 239 
 
 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 : (a) 
 
 [Here insert a copy of his certificate oj 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] ' A B 
 
 Sworn and subscribed this day of , 18..., before me. 
 
 C D J. P. 
 
 :::. !■ 
 
 B. 
 
 State of 
 
 County of 
 
 18.... 
 
 I, •••••, a magistrate in the county above named, do hereby certify that 1 
 
 have the most satisfactory evidence, (6) viz: , that 
 
 who has this day appeared before me to take the oath of identity, is the identical per 
 son 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 , I 
 
 County of ,5 
 
 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... 
 
 [I..S.] C C ,Chr]c. 
 
 Know all men by these presents. That I, , of , (c) 
 
 pensioner of the United States, do hereby constitute and appoint my true 
 
 and lawful attorney, for 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 B 
 
 Sealed and delivered in presence of 
 
 [L.S.] C D ,J.P. 
 
 (a) 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." 
 
 (6) Here state what the evidence is ; whether personal knowledge, or the aflSdavits of 
 respectable persons, giving their names. 
 
 Where the pensioner is personally known to the agent, and he will certify to his iden- 
 tity, the above form (B) may be dispensed with. 
 
 (c) In this blank insert the word invalid, or revolutionary, as the case may be. 
 
240 PAY TABLES, 
 
 ite. 
 
 State OF , 
 
 County of 
 
 Be it known, That on the day of , 18..., before the Bubscriber, a 
 
 in and for said county, duly authorized by law to administer oaths, person- 
 ally appeared , above named, and acknowledged the foregoing power of 
 
 attorney to be his act and deed. In testimony whereof I have hereunto set my hand, 
 the day and year last above mentioned. 
 
 C D J. P. 
 
 State OF , > 
 
 County of , \ 
 
 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, 
 
 C D ,J.P. 
 
 D. 
 
 APPLICATION BY THE PENSIONER'S GUARDIAN. 
 
 State OF , i 
 
 County of , \ ' 
 
 Be it known, That before me, , a in and for said county, 
 
 duly authorized bylaw 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 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 
 
 , Guardian. 
 
 Sworn and subscribed this day of , 18..., before me. 
 
 C D ,J.P. 
 
 If the application is made by the pensioner himself, the same form 
 will be observed as in applications by an attorney, omitting form C. 
 and the oath of the attorney. 
 
 E. 
 
 APPLICATION BY A WIDOW. 
 
 State, [or Territory] of , > 
 
 County (f , ^*''' 
 
 Be it known, That before me , a , duly authorized bylaw 
 
 to administ^ 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 abovemetitioncd 
 
 ; 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 
 
 Swornto and subscribed this day of , 18..., before me. 
 
 C D.'.....,J.P. 
 
MISCELLANEOUS RULES, ETC. 241 
 
 F. 
 
 APPLICATION BY THE WIDOW OR CHILD OF A DECEASED PEN- 
 SIONER FOR ARREARS. 
 
 State OP 1 
 
 County of ^««- 
 
 Be it known, That before me ,a in and for the county 
 
 atoresaid, duly authorized by law to administer oaths, personally appeared 
 
 and made oath, m 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 here- 
 with surrendered. 
 
 That the deceased pensioner resided in 
 
 [Signed] A B 
 
 Sworn to and subscribed this day of , 18..., before me. 
 
 C D.. '...., 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 
 
 Sealed and delivered in presence of 
 
 [l. 8.] C D J. P. 
 
 H. 
 
 CERTIFICATE OF THE COURT AS TO THE DEATH OF THE PENSIONER 
 
 State OF , ( 
 
 County cf , \ 
 
 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 Stales at the rate of 
 
 dollars per ; was resident of the county of , in the State of 
 
 , and died in the , in the State of , in the 
 
 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 
 
 If the application be by an executor or administrator, insert their 
 description where "widow" or "child" occurs. 
 
 The above are for the payment of money on pension certificates, 
 and are to be presented to the pension agent at the agency where 
 the certificate is payable. 
 16 
 
242 PAT TABLES, 
 
 APPLICATION FOR RENEWAL OF A LOST LAND WARRANT. 
 
 The following instructions apply as well to Land Warrants under 
 any other act, which the claimant has lost, as to those under 1850 : 
 
 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 circula- 
 tion 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, wluch, 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 stfeiting 
 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. 
 
 It is requisite that the credibility of each and every affiant be duly 
 certified by the magistrate administering the oath, and that his official 
 character and signature be verified by the proper officer under. his 
 seal of office. 
 
 FORM OF ASSIGNMENT OF LAND WARRANTS. 
 
 General Land Office, March 23, 1852. 
 
 By the first section of the act of Congress, entitled "An act 
 making land warrants assignable, and for other purposes," approved 
 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 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 efiiect of this act, according to such form, and pur- 
 suant 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." 
 
 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 : 
 
MISCELLAJ^EOTTS RULES, ETC. 24S 
 
 1. 
 FORM FOR THE ASSIGNMENT OF THE WARRANT. 
 For value received I, A. B., to whom the within warrant No was i«M6d, 
 
 !,„ I T*^ *'''^° ™'° ^- °-' <><■ .^"d to his heirs and a«ign^ 
 
 therefor """''•''nt, and authorize him to locate the same, and receive a patent 
 
 Witness my hand and seal, this dav of IR 
 
 Attest: E. P. ■' , lo... . 
 
 ^ w A. B. [SBAL.J 
 
 FORM OF ACKNOWLEDGMENT WHERE THE VENDER IS KNOWN TO 
 THE OFFICER TAKING THE ACKNOWLEDGMENT. 
 
 State OP '., ; 
 
 County cf , ^ **■ 
 
 On (.his day of , in the year , personaliy appeared 
 
 [Here insert the name of the warrantee] to me well known, and acknowledged the forego, 
 ing assignment to be his act and deed 5 and I certify that the said [Here insert the name 
 of the warrantee] is the identical person to whom the within warrant issued, and who 
 executed the foregoiifg assignment thereof 
 
 (Officer's signature.) 
 
 FORM OF ACKNOWLEDGMENT WHERE THE VENDER IS NOT KNOWN 
 TO THE OFFICER, AND HIS IDENTITY HAS TO BE PROVED. 
 
 State OF i 
 
 County of 5'** 
 
 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 wit- 
 ness,] 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 name of the warrantee] thereupon acknowledged the said assignment to 
 be his act and deed. [Officer's signature.) 
 
 2. 
 
 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 certifi- 
 cate of location, and the warrant and land therein described, and authorize him to re. 
 ceive the patent therefor. 
 
 Witness my hand and seal, this day of ,18.... 
 
 Attest: E. F. A. B. Tseai.] 
 
 G. H. 
 
 FORM OF ACKNOWLEDGMENT WHERE THE VENDER IS PERSONALLY 
 KNOWN TO THE OFFICER TAKING THE SAME. 
 
 ■State OF ^^ 
 
 County of 
 
 On this day of , in the year personally appeared [Here 
 
 insert the name cf the person to wham the certijicate of location issued] to me well known, 
 and acknowledged the foregoing assignment to be his act and deed j 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.) 
 
244 PAY TABLES, ETC. 
 
 FORM OF ACKNOWLEDGMENT WHERE THE VENDER IS NOT PERSON- 
 ALLY KNOWN TO THE OFFICER, AND WHERE 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 person to whom the certificate of location issued,] and [Here 
 insert the name and residence rf a untness,] and the said [Here insert the name of the wit- 
 ness] 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 per- 
 son 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 tf the person to whom the certificate of location issued,] thereupon 
 acknowledged the said assignment to be his act and deed. 
 
 (^Officer's signature.) 
 
APPENDIX. 
 
 Since this work went to press, Congress has passed the following 
 acts, enlarging and amending the acts therein described. 
 
 An act to repeal the first proviso of the fourth section of the act entitled " An act grant- 
 ing- bounty land to certain officers and soldiers who have been engaged in the mili- 
 tary service of the United States," approved September twenty-eighth, one thousand 
 eight hundred and fifty. 
 
 Be it enacted ly the Senate and Souse of Representatives of the 
 United States of America in Congress assembled, That the first pro- 
 viso of the fourth section of the act entitled. " An act granting bounty 
 land to certain officers and soldiers who have been engaged in the 
 military service of the United States," approved September 28th, 
 1850, be and the same is hereby repealed. [Approved, August 4, 1854.J 
 
 The effect of this act is simply to admit members of the Congress 
 of 1850 to the benefit of the bounty land act referred to. 
 
 An act making appropriations for the support of the army, for the year ending the thir- 
 { tieth of June, one thousand eight hundred and fifty-five. 
 
 Sec. 3. And he it further enacted. That the act approved Septem- 
 ber twenty-eight, one thousand eight hundred and fifty, entitled "An 
 act granting bounty land to certain officers and soldiers who have 
 been engaged in the military service of the United States," the act 
 approved March twenty-second, one thousand eight hundred and fifty- 
 two, entitled " An act to make bounty land warrants assignable, and 
 for other purposes," and the act approved February third, one thou- 
 sand eight hundred and fifty-three, entitled " An act to continue half- 
 pay to certain widows and orphans," shall not be so construed as to 
 deprive any widow from the benefits therein granted for the services of 
 her husband, though she may have married again ; Provided, however, 
 that the applicant is a widow at the time of making the claim : Pro- 
 vided, such party shall not receive pension during coverture. 
 
 [This section removes the disability which, it will be found under 
 the appropriate heads, heretofore attached to widows who have re- 
 married after the death of the husbands for whose services they claim.] 
 
 Sec. 4. And he it further enacted. That the Secretary of War be 
 and he is hereby authorized and directed to receive, and cause to be 
 placed on the files of his department, such additional muster-rolls of 
 the battalion of volunteers commanded by Lieut. Col. J. C. Fremont, 
 
 245 
 
246 APPENDIX. 
 
 in California, duly authenticated by the proper officers, aa have not 
 heretofore been received and filed, and to cause such corrections of 
 the muster-rolls to be made in regard to the periods of enlistment 
 and terms of service, and the omission of names of members of said 
 battalion, as upon satisfactory proof he may deem right and proper, 
 and as far as possible to correspond with the pay-rolls of Major P. B. 
 Reading, paymaster of said battalion, irith respect to the period of 
 service ; so that all who served in the military service of the United 
 States in California during the late war with Mexico, whether under 
 the command of naval or military officers, may be entitled to all the 
 benefits of the acts of Congress providing for the enrolment of volun- 
 teers in the Mexican war : Provided, that no payment shall be made 
 in consequence of this section beyoijd the sum heretofore appropriated. 
 
 [AppfOT^d, August 5, 1854.) 
 
 [The object of this section appears to be merely to jgrjant pensions 
 and bpnnty lan<^ to J'r^paont's meii under t^ same cpnditions under 
 which they have heretofore been grafted to volunteers in the Mexican 
 war.] 
 
 An act fgr the relief of the United States troops who werp si^exer^ by the r^c^nt ^laSkOr 
 ter to the steamship San fVaneisoo. 
 
 Sbo. 2. And he it further enacted, * * * That the widows and 
 minor children of those officers, non-commissioned officers, and pri- 
 vates, who perished by this disaster, or who died from disease in cpii^ 
 sequence thereof, shall bp allowed pensions in the same manner in all 
 respects as if the said officers, non-commissioned officers and privates 
 had been killed in battle. [Ajjp»o?gd. March 2?, J8S4,] 
 
INDEX. 
 
 Relating to Revolutionary Pensions. 
 
 ACTS. Mareh 2, 1829 page 5 
 
 June 19, 1840 5 
 
 May 20, 1836 8 
 
 March 18, 1818 13 
 
 May 1, 1820 14 
 
 March 1, 1823 15 
 
 May 15, 1828 16 
 
 May 31, 1830 18 
 
 July 14, 1832 18 
 
 June 7, 1832 19 
 
 Februaryl9, 1833 20 
 
 March 2, 1833 22 
 
 July 14, 1832 22 
 
 May T, 1846 30 
 
 July 4, 1836 32 
 
 March 3, 1837 33 
 
 July 7, 1838 37 
 
 August 16, 1842 ; 38 
 
 August 23, 1842 38 
 
 April 30, 1844 38 
 
 January 23, 1845 38 
 
 March 3, 1843 40 
 
 June 17, 1844 40 
 
 February 2, 1848 42 
 
 July 29, 1848 43 
 
 February 3, 1853 44 
 
 July 5, 1832 47 
 
 Relating to Army and Militia Invalids. 
 
 April 10, 1806 77 
 
 April 30, 1790 81 
 
 MarchS, 1792 81 
 
 March 3, 1795 81 
 
 March 23, 1796 82 
 
 247 
 
248 INDEX. 
 
 Eblating to Army and Militia Invalids. 
 
 ACTS. May 30, 1796 page 82 
 
 May 28, 1798 83 
 
 « March 2, 1799 83 
 
 " March 16, 1802 83 
 
 April 12, 1808 84 
 
 April 25, 1808 84 
 
 " January 2, 1812... 84 
 
 " January 11, 1812 85 
 
 " February 6, 1812 85 
 
 April 8, 1812 86 
 
 " April 10, 1812 86 
 
 " January 29, 1813 87 
 
 " July 5, 1818 87 
 
 " August 2, 1813 88 
 
 " February 24, 1813 89 
 
 " January 28, 1814 89 
 
 " March 3, 1815 89 
 
 « April 16, 1816 90 
 
 " June 15, 1832 90 
 
 March 2, 1833 91 
 
 " March 19, 1836 91 
 
 " May 23, 1836 92 
 
 « May 13, 1846 92 
 
 " July 10, 1848 ; 93 
 
 " April 14, 1842 93 
 
 July 26, 1813 93 
 
 (( 
 
 Eelating to Army and Militia Widows and Orphans. 
 
 « June 7,1794 107 
 
 March 14, 1798 108 
 
 » March 16, 1802 108 
 
 '' April 12, 1808 108 
 
 » January 2, 1812 i 108 
 
 " January 11, 1812 109 
 
 " April 10, 1812 109 
 
 " January 29, 1813 110 
 
 " August 2, 1813 110 
 
 " March 3, 1815 110 
 
 ' April 16, 1816 Ill 
 
 " March 3, 1817 Ill 
 
 " April 20, 1818 112 
 
 " March 2, 1833 112 
 
 " March 19, 1836 112 
 
 " July 4, 1836 114 
 
 " July 21,. 1848 114 
 
 " February 22,1849 115 
 
 " February 3, 1853 -. 116 
 
(( 
 
 « 
 
 INDEX. 249 
 
 Relating to Commutation op Land for Pension. 
 
 ACTS. April 16, 1816 page 122 
 
 Relating to Navy and Marine Invalids. 
 
 " July 1, 1791 123 
 
 " March 2, 1799 124 
 
 " April 23, 1800 124 
 
 " March 26, 1804 125 
 
 " August 11, 1848. '.v..'.'.'.'."."! 125 
 
 " July 11, 1798 ;■.;;;; 126 
 
 " June 26, 1812 126 
 
 February 13, 1813 127 
 
 August 2, 1813 127 
 
 Relating to Navy and Marine Widows and Orphans. 
 
 January 20, 1813 141 
 
 " March 4, 1814 145 
 
 March 3, 1817 147 
 
 " January 22, 1824 •. 147 
 
 " March 3, 1837 148 
 
 " August 11, 1848 149 
 
 " June 28, 1832 150 
 
 « June 30, 1834 151 
 
 " April 2, 1816 152 
 
 " June 15, 1844 152 
 
 Relating to Bounty Lands. 
 
 " December 24, 1811 199 
 
 " January 10, 1812 199 
 
 " February 6, 1812 199 
 
 " January 29, 1813 199 
 
 " January 11, 1812 200 
 
 " January 20, 1813 201 
 
 " July 5, 1813 201 
 
 " February 24, 1814 202 
 
 " December 10, 1814 202 
 
 " April 16, 1816 203 
 
 « April 27, 1816 207 
 
 " February 11, 1847 209 
 
 " March 22, 1852 210 
 
 « May 27, 1848 211 
 
 " August 10, 1848 211 
 
 « September 28, 1850 223 
 
 " March 22, 1852 225 
 
 Act, Special, Construction of 9, 159 
 
 " Pension, to whom it applies 12 
 
 Administration, On a pensioner's estate, where to be had 12 
 
250 INDEX. 
 
 Adjutant-General. See Pay Table. 
 Aid. See Pay Table. 
 Apothecary. See Pay Table. 
 Armorer. See Pay Table. 
 Artificer. See Pay Table. 
 
 Abmt, (Revolutionary,) Organization of .....page 55 
 
 " Disbandment 68 
 
 " Pay of. See Pay Table. 
 
 " Pension of. See Regulars, MUitia, 
 
 Volunteers, Rangers, Ordnance. 
 
 Arrears, Of Revolutionary pension, to whom payable.. 5 
 
 " Under Act of June 7th, 1832, to whom payable 21 
 
 " Of Half-pay, to whom payable 52 
 
 " Of army invalid pension , 102 
 
 " Of navy " 135 
 
 " Of navy and marine widows' pension ,.., . .154-158 
 
 Barrack Master. See Pay Table. 
 Baker. See Pay Table. 
 Boatswain. See Pay Table. 
 Bombardier. See Pay Table. 
 
 Bounty Land. See 'Regulars, Volunteers, Militia, Marines. 
 " Who entitled to, under Acts of December 24, 
 
 1811, to December 10, 1814 203 
 
 " Descends, and is devisable under these acts... 205 
 
 " Who entitled to under Act of 1847 212 
 
 " What bars under that act 212 
 
 " Not devisable under it 219 
 
 " How many warrants the same person may 
 
 receive 220 
 
 " How many warrants the same person may re- 
 
 ceive under Acts of 1850 and 1852.......... 225 
 
 Bounty Land Warrant. See Warrant. 
 
 Brigade Major. See Pay Table. 
 
 Brigadier General. See Pay Table. 
 
 Captivity, Time spent in, counted as service under Act of 1832 82 
 
 " Same rule under Act of 1850 226 
 
 Captain. See Pay Table. 
 Carpenter. See Pay Table. 
 
 Cadets, Entitled to pension , 96 
 
 Certificate. See Pension Certificate. 
 Chaplain. See Pay Table. 
 
 Cherokees, Invalid pensions to , 98 
 
 Clerk. See Pay Table. 
 Clothier. See Pay Table. 
 Continentals. See Regulars. 
 
 Commutation (Continental) 45 
 
 (Virginia) 58 
 
 Bears half-pay 51 
 
 U. S. does not now pay 54 
 
 Connecticut, Her quotas of troops in the Revolutionary War.. 59 
 
 ii 
 
 li 
 
INDEX. 251 
 
 Corporal. See Pay Table. 
 
 Cornet. See Pay Table, 
 
 Coxswain, See Pay Table. 
 
 Colonel. See Pay Table. 
 
 Cooper. See Pay Table. 
 
 Cook, See Pay Table. 
 
 Conductor. See Pay Table. 
 
 Commissary. See Pay Table. 
 
 Construction, Of Navy and Marine Widows' and Orphans' 
 
 Pension Acts page Wl 
 
 Declaration, For pension, not good if made before a justice of 
 
 the peace 11 
 
 " For revolutionary pension under Act of 1828... 19 
 
 " " " " 1832... 23 
 
 " " " " 1836... 84 
 
 " " " " 1838... 41 
 
 " " " February 2, 1848... 42 
 
 " " " July 29, 1848... 44 
 
 " . " " February 3, 1853... 44 
 
 " For invalid army pension 102 
 
 " By army widow or orphan 119 
 
 " For invalid navy pension 139 
 
 " For increase of navy pension 139 
 
 " By navy widow or orphan....,., 192 
 
 " By same for renewal 193 
 
 " For bounty land for revolutionary services 197 
 
 " For same by heirs 198 
 
 " " war of 1812 208 
 
 " When discharge is lost 208 
 
 " Under Act of 1847 220 
 
 " " 1850 229 
 
 " By minor under same , 230 
 
 " Under Act of 1852 232 
 
 " Where pension certificate is illegally withheld, . . . 235 
 
 " Where it is lost 236 
 
 " For increase of army invalid pension 237 
 
 " For transfer of payment 238 
 
 " For payment to an attorney 238 
 
 " " to a guardian 240 
 
 " " to the pensioner 240 
 
 " " to a widow 240 
 
 " For arrears due a widow or child 240 
 
 Delaware, Her quotas of troops in the Revolutionary War.... 60 
 
 Desertion, Forfeits all right to a pension 11 
 
 " What amounts to , 11 
 
 Director, To General Hospital. See Pay Table. 
 
 Discharge, Lost or omitted, how supplied 207 
 
 Divorce, Binds the party applying for it 32 
 
 Drummer. See Pay Table. 
 
 Election, Between land and scrip, final 212 
 
 Engineer. See Pay Table. 
 
252 INDEX. 
 
 Ensign. See Pay Table. 
 
 Evidence, In application by revolutionary widows page 30 
 
 " " " army widows, &c 118 
 
 " " " navy widows, &c 130 
 
 " " " for bounty land under Act of 1847.. 219 
 
 " " " " « " 1850.. 226 
 
 Executioner. See Pay Table. 
 Express Rider. See Pay Table. 
 Farrier. See Pay Table. 
 FiFER. See Pay Table. 
 Forage Master. See Pay Table. 
 
 Foreign Officers, Whether entitled under Act of 1832 21 
 
 Fraud, Vitiates a warrant obtained by it 203 
 
 " Does not deprive the party entitled 219 
 
 General. See Pay Table. 
 
 Georgia, Her quotas of troops in the Revolution 60 
 
 Gunner. See Pay Table. 
 
 Half-Pat (Continental) 45 
 
 " (Virginia) : 47 
 
 " When the latter commences to a paroled officer 50 
 
 " Barred by acceptance of commutation 51 
 
 " (Virginia,) When citizenship of Virginia is requisite 
 
 to entitle to 51 
 
 " Dependent on actual rank 52 
 
 " Not barred by pension due for both line and staff 
 
 service 53 
 
 Half-Blood, Shares pension with the whole blood 156 
 
 Hospital. See Pay Table. 
 
 Insanity, Proceedings where the claimant labors under 11 
 
 Invalid Pension, Does not bar from Act of 1828 18 
 
 " Nor from Act of 1832 20 
 
 " (Army) What injury entitles to 94 
 
 " Rate of. 95 
 
 *' In militia cases 96 
 
 " Governed by rank in the line 97 
 
 " When it commences 97 
 
 " What bars it 98 
 
 " (Navy) What injury entitles to 130 
 
 " When it commences 130 
 
 " What bars it 132 
 
 Identity, Proof of by applicant for invalid pension 103 
 
 Interest, Not allowed on half-pay 50 
 
 Inspector. See Pay Table. 
 Judge Advocate. See Pay Table. 
 Land. See Bounty Land. 
 Land Warrant. See Warrant. 
 
 Law, Not repealed by implication, unless the latter law is in- 
 consistent 100 
 
 " Repeal of one under which a pensioner was dropped, does 
 
 not restore him 101 
 
INDEX. 253 
 
 Limitation, None to pension claim: page 10 
 
 " Nor to half-pay 50 
 
 Lieutenant-Colonel. See Pay TaUe. 
 Lieutenant. See Pay Table. 
 
 Location, Assignment of 243 
 
 Major. See Pay Table. 
 
 Maryland, Her quotas of troops during the Revolutionary "War 61 
 
 Marines, All who served six months in the Revolution entitled 
 
 to pension 20 
 
 " Invalid pensions to 123-126 
 
 " Of the Mexican war, rate of pension to 138 
 
 " Of the Mexican war, entitled to bounty land 211 
 
 " Entitled under Act of 1850 225 
 
 Massachusetts, Her quota of troops during the Revolutionary 
 
 War 61 
 
 Master-at-Arms. See Pay Table 
 Master. See Pay Table. 
 Mate. See Pay Table. 
 Matross. See Pay Table. 
 
 Mexican War, Commencement of 220 
 
 Militia, Who served six months in the Revolution, entitled to 
 
 pension 19 
 
 " Continental, called out by Congress 59 
 
 " Invalid pensions to, for services from 1790 to June 
 
 18, 1812 .' 82-84, 86 
 
 " From 1812 to Mexican War 88-90, 91 
 
 " Officers and soldiers of the, entitled to bounty land,. 223— 231 
 Minor, Entitled to invalid pension, though discharged for mi- 
 nority 102 
 
 " When entitled under Act of 1850 22T 
 
 " Declaration by, under that act 230 
 
 Navy, All who served six months in, during the Revolution, 
 
 entitled to pension 20 
 
 " Invalid pensions 123 
 
 " Rate of pension to navy widows, &c 156 
 
 Negroes, Free, entitled to bounty land... ._ 207 
 
 New York, Her quotas of troops during the Revolution 62 
 
 New Jersey, Her quotas of troops during the Revolution 63 
 
 New Hampshire, Her quotas of troops during the Revolution. 63 
 North Carolina, Her quotas of troops during the Revolution. 64 
 Offices, Inconsistent, not to be united in granting pensions.... 10 
 
 Officer, Entitled though never commissioned 11 
 
 Organization, Of the Revolutionary Army 55 
 
 Ordnance, Invalid pension to 93 
 
 " Of the Mexican war, bounty land 211 
 
 Orphans, (Army) Pensions to • 107 
 
 " Entitled if widow re-marries before the passage of 
 
 the act under which the claim is made 117 
 
 " (Navy) pensions to 141 
 
 " How long entitled 155 
 
254 INDEX. 
 
 OrpAans, Suicide of thefather.. Mge l6l 
 
 Over-Payment, Not to be retained in Rerolutionary pensions.. 8 
 
 " When to be retained from navy widows 153 
 
 Pat Table, (Revolutionary) 69 
 
 " (Post Revolutionary) Army 233 
 
 " Navy 234 
 
 " Marines - 285 
 
 Pat MaStEb. See Pay Table. 
 
 " His widow and orphans entitled to pension 117 
 
 PiROtB, Time spent on, counted as service under Act of 1832. 22 
 
 " Not under Act of 1850 , 226 
 
 " Naval ofiBcer on, entitled to half-pay 50 
 
 Paupers-. See Regularsi 
 
 Pension Certificate. See Declaration. 
 
 " Process when illegally withheld 10, 235 
 
 Pension. See Regulars, Volunteers, Militia, Rangers, Ma- 
 rines, Navy, Widows, Orphans, Invalid Pension. 
 
 Of a defaulter, not to be withheld 8 
 
 Governed by- legal pay 11 
 
 A vested right under 1828 l8 
 
 Governed by length of service in different grades. ... 21 
 
 Whether a vested right under 1882 34 
 
 To army widowj &c., when it commences 117 
 
 Barred if husband's death caused by intemperance... 118 
 
 Pensioner, Under 1818 cannot claim under 1832 and 1833.... 22 
 
 Peace, After the Revolution ; when signed 58 
 
 " When ratified 59 
 
 Pennsylvania, Her quotas of troops during the Revolution 65 
 
 Pilot. See Pay Tahle. 
 
 Pbivatbbrs, Not embraced by Act of 1832 21 
 
 " Invalid pensions to 121 
 
 Private. See Pay Table. 
 Purser. See Pay Table. 
 Quarter Master. See Pay Table. 
 Quarter Master Sbr«eant. See Pay Table. 
 
 Quarter Master of Marines, His rate of pension 1-36 
 
 Rang-ers, Invalid pensions to in 1812 ....84-90 
 
 " " " 1832 91 
 
 " Serving since 1790, entitled to bounty land 223 
 
 Review, Of a secretary's decision, within What time to be had. 10 
 " Of erroneous allowance cannot be made by another 
 
 secretary.. 100 
 
 Revolutionary War, End of 12, 58, 59 
 
 Resolution, Relating to Revolutionary pensions 33 
 
 " 39 
 
 " " 43 
 
 Relating to bounty lands 195 
 
 196 
 
 210 
 
INDEX. 255 
 
 Regulars, "Who served in the Continental army nine months^ 
 
 if paupers, entitled to a pension page 13 
 
 Who served to the end of the war of the Revolution, 
 
 to a pension 16 
 
 Who served six months during the Revolution, enti- 
 tled to a pension 19 
 
 " Invalid pension to, from 1794 to 1812 81 
 
 Serving through the Revolution on Continental es- 
 
 blishment, entitled to bounty land 195 
 
 " Enlisted for five years or the war, during the war 
 
 of 1812, entitled to bounty land 198 
 
 " Of the Mexican war, entitled to bounty land 209 
 
 " Serving since 1790, entitled 223 
 
 " Since 1812 231 
 
 Resignation, Of an officer must be proved by the government. 51 
 
 Rhode Island, Her quotas of troops during the Revolution.... 66 
 
 Riding-Mastee. See Pay Table. 
 
 Sail-Maker. See Pay Table. 
 
 Saddler. See Pay Table. 
 
 Sapper and Miner. See Pay Table. 
 
 Secretary. See Pay Table. 
 
 Sergeant. See Pay Table. 
 
 Steward. See Pay Table. 
 
 Seaman. See Pay Table. 
 
 Service, (Revolutionary,) When to be counted to the treaty of 
 
 peace 22 
 
 " Must be actual to entitle the widow 81 
 
 " Twenty years', in the navy, how computed 160 
 
 Sea Fencibles, Invalid pensions to, in the war of 1812 90-93 
 
 Store-Keeper. See Pay Table. 
 
 South Carolina, Her quotas of troops in the Revolution 67 
 
 Substitute, Not entitled to bounty land under Acts 1811, &c.. 204 
 
 Entitled under September 28, 1850 227 
 
 Surgeon, Highest rate of pension under Act of 1828 28 
 
 Pay. See Pay Table. 
 Superintendent. See Pay Table. 
 
 Suicide, When it does not bar pension to widow or orphan 161 
 
 Trumpeter. See Pay Table. 
 Virginia. See Half-pay, OommutaHon. 
 
 " Is responsible for half-pay, notwithstanding the Act 
 
 of July 5, 1832 51 
 
 " Where citizenship of is requisite to entitle to half- 
 pay • 51 
 
 " Decision of her courts binding in half-pay cases.... 52 
 
 " Her quotas of troops during the Revolution 67 
 
 Volunteers, Who served six months during the Revolution, 
 
 entitled to pension 19 
 
 Invalid pensions to 82, 84, 85, 86, 88, 90, 91, 92 
 
 " In war of 1812, entitled to bounty land 199 
 
 « In Mexican war, " " " 209 
 
256 INDEX. 
 
 PAGE 
 
 "Volunteers, For service since 1790, entitled to bounty land... 223 
 
 War's Men, (Revolutionary,) Entitled to pension 16 
 
 " " " Bounty land 195 
 
 " (War of 1812) " " 198 
 
 Wagon-Master. See Pay Table. 
 Wagon Conductor. See Fay Table. 
 
 Warrant, Re-issue of assigned 220 
 
 " Issued after soldier's death under 1850, to be can- 
 celled 226 
 
 " General rules relating to 227 
 
 " Application, when lost 241 
 
 " Assignment of 243 
 
 " See Fraud. 
 
 Widow, Commencement of pension to in special case 31 
 
 " (Revolutionary) Married before her husband's last ser- 
 vice, entitled to a pension '. 32 
 
 May claim, though married a second time 33 
 
 May claim, though not a widow on July 4, 1836 33 
 
 Married before January 1, 1794, entitled to a pension. 37 
 
 May claim, though her husband lived after June 7, 1832 38 
 
 May claim, though re-married 38 
 
 May claim, though not a widow July 7, 1838 39 
 
 Pension under July 4, 1836, not entitled under July 7, 
 
 1838 41 
 
 Married before January 2, 1800, entitled to a pension. 43 
 
 Married since January, 1800, " " " 44 
 
 Half-pay to 47 
 
 (Army) Pension to 107 
 
 (Navy) " 141 
 
 Rate of pension 156 
 
 When entitled by suicide of her husband 161 
 
 When entitled to bounty land under Act of 1850....... 226 
 
 Yeoman. See Pay Table. 
 
 THE END.