The most liberal construction of which this act appears susceptible, is, hat it renews the pension to the widows and children where the husband or father, first, was at any time killed in battle, second, at any time died of wounds received in battle, or, thirdly, at any time DURING THE LATE WAR died of disease contracted, or casualty or injury received in the line of duty. But a reference to the cases decided under this act, and those passed subsequently, and both similar and dependent on it, will, it is believed, show that this construction has at times been superseded by one either entirely more enlarged or somewhat more restraining. At present it is believed that the restraining clause, during the late war, is held to apply equally to the three members of the sentence in which it occurs-a safe construction in practice, and which the committee do not seek to disturb.

The act of January 22, 1824, vol. 7, p. 213, section 1st, extends these pensions, on like terms and limitations, for a further term of five years, making fifteen years' provision in all cases where the husband or father was killed in battle, or 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," and the act of May 23, 1828, laws 20th Congress 1st session, p. 65, in substantially the same words, extends the same pensions, on like terms, for the further term of five years, making a term of twenty years to all the pensions whose case comes within the provision of these extending acts.

The committee will not detain the House by any further comments on the variant and discordant constructions given at different times to these acts. They will sufficiently appear in the printed documents, and would probably be more apparent, if the cause for which a pension has been granted or renewed could be ascertained in every case, or if the causes and grounds of applications denied could be known.

The committee will now refer, with all practicable brevity, to a few anomalous cases of pensions to widows charged on this fund.

A pension for five years, on the usual limitations, was granted by the act of May 16, 1826, vol. 7, p. 475, to Peneloply Denny, the mother of James Denny, late a quartergunner in the navy, killed in battle, without leaving a widow or issue, and at the time of his death contributing by an allotment of part of his pay to the support of his poor aged and infirm mother, then a widow. A like pension for like cause was afterwards granted to Elizabeth Mays, by the act of March 25, 1830, laws 1st session 21st Congress, p. 40, to commence September 3, 1829. No pension of this description has been renewed; and, in the opinion of the committee, sound policy does not require that they should be extended.

The act of April 12, 1814, vol. 4. p. 680, directs that Mary Cheever, should, from that time, be paid out of the navy pension fund, during her life, twenty-five dollars, quarter-yearly, "as a gratuity from Congress, on account of the distinguished bravery and services of her two sons, John Cheever and Joseph Cheever, who were seamen on board the frigate Constitution, and who were slain at the capture of the British frigate Java."

That such devotion to the service of the country, as was exhibited in the life and death of these seamen, should be rewarded with that most durable of all monuments-a record in the statute books of a free people,. is natural and right; but it is to be regretted that Congress should divert this fund to the purpose of gratuities, even to the mother of such children, when they had at their disposal the general treasury.

The act of April 2, 1816, vol. 6, p. 27, requires to be placed on the pension rolls of the fund those persons who were wounded at Dartmoor prison, in England, in the month of April, 1815; also, the widows and children of such as were killed, or who died in consequence of wounds received there; and the act prescribes no limitation as to the amount or duration, except as it declares, "that, in the allowance of pensions to the persons aforesaid, the regulations established by law, in relation to the placing persons on the list of navy pensioners, be observed," and the act to take effect from April 6, 1815. The act of March 3, 1830, laws p. 39, grants a pension to Abigail Appleton, whose husband died with the small pox at Dartmoor. This case was supposed to fall within the equity of the act of April 2, 1810.

The committee will now advert to the acts for the management of the fiscal concerns of the fund.

The tenth section of the act of April 23, 1800, vol. 3, p. 361, enacts, "that the said [navy pension] 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, and the interest arising therefrom, in any manner which a majority of them may deem most advantageous: and it shall be the duty of the said commissioners to lay before Congress, annually, in the first week of their session, a minute statement of their proceedings relative to the management of said fund "

The act of March 26, 1804, vol. 3, p. 615, provides, that the money accruing to the fund shall be paid to and disbursed by the Treasurer of the United States; that the Comptroller of the Treasury should direct suits to recover moneys due the fund; that the commissioner should appoint a secretary, to perform all duties in relation to the fund, they should require of him to be paid out of the fund a salary of two hundred and fifty dollars a year; and that the commissioners of the fund make such regulations as should appear expedient, for the admission of persons on the roll of navy pensioners, and for the payment of the pensions. If more efficient means can be required to enable the commissioners of the fund to secure its interests, they will be found in the act of April 16, 1816, vol. 6, p. 64 to 66.

In the execution of the duties enjoined on the commissioners by the last clause of the tenth section of the act of April 23, 1800, they have made an annual report, which has not usually been received until January or February. The defects in this report were pointed out in the report of the Committee on Naval Affairs to the House of Representatives, of March 2, 1829; Reports of the House, No. 104.

In the reports made since that time, these defects have been supplied in all new cases, and as far as practicable in all old ones; and the reports will, in a few years, serve to show the progress of the fund, its losses and gains, and the operation of the several acts granting pensions chargeable thereon. One defect in the report, not then pointed out, should be supplied, by stating what vessel had been captured, and by what vessel, and when the prize was taken from the sale of which the prize money paid in shall have arisen.

By a reference to the annual report for 1829, dated February, 13, 1830, 1st session 21st Congress, Document No. 63, page 49, the losses of the fund may be stated:

1. In commissions and brokerage, mostly paid to clerks in the Navy Depart

ment,

2. Miscellaneous charges for blanks, printing, &c,

3. In Columbia bank stock, considered as a loss to the fund,

(vide page 40) to

4. Brokerage paid in 1830, vide annual report January 27, 1831, House Document No. 75,

$4,944 78 552 17

99,502 60

194 52

In some cases of the purchases of stock, where brokerage has been paid, as in the last item, a saving to the fund has been made by the discount; but the moneys of the fund are hazarded, and its income rendered uncertain, by these repeated investments. The loss in the Columbia bank stock, too, is a strong admonition against any stockjobbing in the fund. To save these commissions, and avoid these losses, as well as render the income of the fund regular and certain, and make its fiscal concerns of management easy and simple in detail, the committee, in their bill, authorize the disposal of the stocks of the fund, and limit investments in stocks, for the payment of which the public faith of the United States, or of some State, is pledged, and in none other. Several of the States, in aid of their internal improvements, have erected stocks, bearing interest, redeemable after many years; and it is to be presumed that loans of this kind will be made every year by some of the States. The provisions of the present bill, it is expected, will enable the commissioners to invest the moneys of the fund in some of these stocks, by purchase or loan, on good terms, and, once done, the management of the fiscal concerns of the fund will be made easy and safe.

The present state of the fund is so, clearly exhibited in the annual report of January 27, 1831, House Document No. 75, that the committee will refer to it without repeating its details. It is proper, however, to remark, that a careful consideration of the subject obliges the committee to say, that, in their opinion, the revival of the act of March 3, 1817, would create a charge upon the fund considerably beyond its income. Vide their report, 2d session 20th Congress, March 2, 1829, House Representatives, No. 103.

On principles of public policy, the committee are of opinion that the pensions should extend to all the cases of the death of the husband or father, caused by injuries peculiar to the military marine; but they do not think that a pension should be promised in cases where the death of the husband or father occurs from a cause, common, natural, and usually incident to persons in the civil marine or merchant service. To illustrate this distinction, the committee would remark, that, as ships in the naval service are better built, rigged, manned, and navigated, than in the merchant service, the persons on board are less exposed to loss of life from the sinking of the ship, or other nautical injuries, than those in the civil marine. The same re

mark will apply to the superior health and medical attendance in the navy; and in such and the like cases no pension should be granted. But, if the death is caused by injuries, military or warlike in their nature, as hy a fall or other injury sustained in, and by reason of, an engagement; or if the death should be from drowning, where the vessel or boat is sunk by reason of injuries received in any engagement, the pension appears proper. The committee have sought to establish this rule by their bill; and, in principle, policy, or equal justice, if they go beyond this limit, the act of 1817 should be revived, and the widows should be placed on the pension list of all who die of diseases contracted, or casualty or injury received in the Zine of duty, or in its practical effect the United States should ensure against every death of persons in the naval service by a pension to his widow and children.

The pensions to widows have been limited to five years, and during widowhood. By the first of these limitations the pension is made uncertain; and, if withheld, the widow is supported when younger and most able to provide for herself, and left unprovided for when time has enfeebled her, and buried the friends on which she might once have depended. By the second of these limitations marriages are injuriously discouraged. The committee propose to remedy these evils, by granting the pension to the widow for life, as a feme sole, notwithstanding any marriage. Perhaps, too, this is the best provision for the children while young, as it will put it into the power of the mother, always their best friend, to aid and support them, notwithstanding her future marriage.

By the provision of the laws already cited, the public faith is pledged to make the fund equal to the payment of the half pay pensions to invalids; and the committee, in the bill now submitted, provide that invalid pensions may be paid out of the principal moneys of the fund, if the income should be different. They do this, as well to preserve the public faith, as because they suppose that Congress will reimburse the fund all its losses, including those which may arise from these payments of its principal moneys.

The pensions to widows and children, heretofore granted by law, are equal to the half pay of the deceased. In the present bill, the committee intend to grade the pensions so as to afford persons in every condition of life a moderate share of relief; which will, in a very small degree, enhance the pittance to the lowest, and, though reduced, leave to the higher a respectable pension.

These pensions are reduced in amount, among other, for these reasons: because,

1. A pension for life is much more valuable than a pension for years, and especially when the limitation of widowhood is removed.

2. The pensions to which the claimants may now have a vested right are not intended to be reduced unless the income of the fund should prove insufficient; and the committee fear that the income of the fund may not be sufficient to pay the pensions, which, after the passage of the contemplated act, will be chargeable upon it, if they either adopt a higher grade of pension, or extend it to other classes.

3. If the income of the fund shall be so invested as to secure a permanent income beyond the pensions now made chargeable on it, Congress may increase these rates of pension so as to grade them in amount more in accordance with the real wants of the widows and children, and especially with reference to these female orphans.

Many difficulties appear to have arisen in giving a construction to the repealing section of the act of January 22, 1824. To avoid these difficulties, the committee do not intend to affect the vested rights of any claimant to a pension; nor do they intend that any pension to a widow, child, or children, shall hereafter be granted for any cause which shall accrue, arise, or happen, after the passage of the bill now reported. Heavy arrearages of pensions have heretofore been claimed and paid; but, in the case of pensions granted under the bill now reported, the committee design they should commeuce in the case of children from the death of the father or mother, which shall last happen, and in the case of a widow, from the death of the husband, in no case more than six months before her completion of the proofs on which the pension is granted.

2d Session.

JOSEPH BOGY.

FEBRUARY 18, 1831.

Mr. McINTIRE, from the Committee of Claims, made the following

REPORT:

The Committee of Claims, to whom was referred the petition of Joseph Bogy, report:

That the petitioner asks to be paid for 1,065 complete rations, furnished by him to a recruiting party of the United States' troops, at St. Genevieve, State of Missouri, in 1819, under the orders of Captain S. Gant and Lieutenant John J. H. Lewis. He states that he handed the original requisitions, receipts, and papers, to Charles S. Hemstead, Esq. to be collected of the contractor; but they were again returned to him; and subsequently he gave them to the Hon. John Scott, representative in Congress from the State of Missouri, for the purpose of getting his pay at Washington, and has not seen them since, and believes they are lost. The petitioner has made oath to the truth of his statement. He is corroborated by the affidavit of Mr. Hemstead, as to his possession of such papers, though he does not recollect particularly the contents of them.

Mr. Scott, in a certificate dated December 5, 1830, states, that, by a memorandum of his, he thinks he left the papers with the Third Auditor of the Treasury. This certificate, as far as it is evidence, corroborates the statement of the petitioner, that the papers were put into possession of Mr. Scott, and have not been returned. It appears satisfactorily to the committee that the papers were never presented to the Third Auditor, as no trace or record of them can be found in his office. The papers, then, are believed to be lost to the petitioner.

By an answer from the Adjutant General, to inquiries put by the committee, it appears Captain Gant was at that time on the recruiting service, as was also Lieutenant Lewis, and no doubt at St. Genevieve. Captain Gant died soon after, and Lieutenant Lewis resigned about that time; his letter of resignation being dated at St. Genevieve.

Inquiries were also made of the Third Auditor, to ascertain if the contractors' accounts show any issue of rations to a recruiting party at St. Genevieve, and, if they would not do so, if such issue had been made. His answer is received, and made part of this report; as also the answer of the Adjutant General. By the answer of the Third Auditor it is made quite certain that the rations furnished the recruiting party at St. Genevieve have not been paid for; and the facts disclosed by his answer, and those from the Adjutant General, corroborate, in a good degree, the amount of rations furnished.

There is satisfactory evidence of the respectability of the petitioner, and that his veracity is unquestionable.

The committee is of opinion that the petitioner is entitled to relief, and report a bill for that purpose.