happening to them in the line of their duty. This class of pensioners, always very
limited, falls into a very simple arrangement. Remarks upon them, as gratuities, may
be seen in the Introduction-where also the pensions to indigents and other survivors
of the revolution, and to widows and orphans, are considered as gratuities in contra-
distinction from invalid pensions.
II. OF INVALID PENSIONERS.-The manner of making legal provision for invalids of
the military and naval service during the revolution, appears to have been too much
blended to admit of any discrimination in the classification of them; for they all come
under the general denomination of invalids disabled during the revolutionary war, of
whom lists were furnished from time to time by the State authorities, under the request
of Congress. From those lists, however, and other official evidences, the pensioners of
the naval service formed a very small proportion to those of the military establishment.
But the provisions for invalids in either branch of the service since the revolution have
been somewhat more distinct, which has enabled us, accordingly, to arrange them
under two distinct divisions-thereby making three divisions of invalid pensioners-
one of invalids disabled during the revolution, military and naval combined, and two
of invalids disabled since the revolution, military and naval, arranged under separate
heads.
III. OF PENSIONS TO INDIGENTS AND OTHER SURVIVING SOLDIERS AND SEAMEN OF THE
REVOLUTION. We have also arranged the two anomalous classes of revolutionary pen-
sioners, provided for at comparatively recent dates, immediately after the third class of
"invalids." Of these, the first comprises the "indigents" of the army and navy of the
revolution, provided for by the act of the 18th March, 1818, at a small advance of pen-
sion over half pay, to continue for life or during their indigence; and the second com-
prises other surviving worthies of the revolution, provided for at full pay for life, under
the act of the 15th May, 1828, its supplement of the 7th June, 1832, and other supple-
mentary acts.
IV. OF PENSIONS TO WIDOWS OR LEGAL REPRESENTATIVES.-The same indiscriminative
ness observed in regard to the legislative provisions for revolutionary invalids in the
two branches of the service, applies, perhaps even to a greater degree, to those for the
widows and orphans of officers and others of the army and navy of the same period, if,
indeed, there was any made for the widows and orphans of the latter, at all, during
that period, of which there is no evidence extant, that has come under our observation;
and those made for the widows and orphans of the military officers, were not made for
them as representatives of invalids, or of officers slain, but of officers to whom seven
years' half pay was promised, if they continued in the army to the end of the war; but
who, having died during the war, could not execute their contract, and claim their
seven years' half pay. But of this provision for military officers who performed that con-
dition, and for the widows and orphans of those who were prevented by death from doing
so, there was no parallel provision for naval officers and their widows and orphans,
under like circumstances. Nay, the request of the resolution of the 24th August, 1780,
that the legislatures of the several States would make provision for paying their mili-
tary officers, and the widows and orphans of those military officers, strongly indicate
that naval officers, and the widows and orphans of naval officers, under like circum-
stances, were not provided for in like manner. Our arrangement, therefore, could only
dispose of the legal provisions for widows and orphans under the following heads, viz:
1. Of widows and orphans of military officers of the revolutionary war entitled to
แ seven years' half pay," and "half pay for life," or "commutation." 2. Widows and
orphans of military officers and soldiers since the revolution; together with those of
officers, (military and naval,) soldiers, seamen, and marines, of the revolution, who were
provided for by the acts concerning "indigents,” and other "survivors" of that war;
for the latter of whom the legal provisions being too much blended, in many instances
with those for widows and orphans of officers and others since the revolution, to admit
of a separate arrangement, have been permitted to go with them, but are distinguished
by asterisks, thus, [*] 3. Those provisions for widows and orphans of invalids, and
persons slain in the naval service and privateer service, since the revolution, have
received a distinct arrangement.
V. OF BOUNTY LANDS.-In relation to the legislative provisions for granting military
bounty lands, the like blending, as of those for invalids and for widows and orphans
already adverted to, have left us no alternative but to retain the continuous order of
time in which they were made, and in lieu of any change of that arrangement, to refer
to the classification of them given in the "Introduction," and the "policy of land
bounties generally," as there represented. And the contrast thus exhihited, shows the
practicability of discriminating between subjects having an essential difference of
character, notwithstanding the confusion occasioned by legislative commingling of
their parts, which, in another sense, are necessarily left to abide in that commingled State.
Finally, we do not recommend an implicit reliance on the expounding of the laws by
the abstracts of this index, or on any other expounding of them, more than to aid the
reader in expounding for himself, and taking appeals, when he thinks he has not had
his right. Indeed, the expounding of the laws by the opinions and decisions, as shown
in Part II and Part III of this index, frequently calls for comparisons of the same with
the laws themselves, as pointed out in Part I, by turning from the items in the one to
the like items in the other-particularly as these expoundings may, nay do, sometimes
contravene the laws and traverse themselves-which may also be seen by turning from
one opinion and decision to another in the corresponding division, to which they
belong.
The arrangement of this index in several parts, requires that the examination of it for
any subject, should be made in each, commencing always with Part I,* (the law in the
case being the starting point,) to find the class of laws, in its alphabetical order, to
which the particular act the examiner is in quest of may belong. The class of laws
being found in Part I, say that on bounty lands, for example, it would be advisable to
turn immediately to the end of that class to find the abstract of the last act on that
subject, and then proceed backwards towards the beginning, inverting the chronologi-
cal order of the class, until the abstract of the particular act on the subject of inquiry
presents itself: and this will, nine times in ten, be nearer to the end than the beginning,
because the more recent legislation is generally most in demand, the earlier acts being
for the most part obsolete.
Proceeding in like manner with the examination of Part II, for the like class of opin-
ions, and finding "bounty lands," by turning to the end of the class, and inverting the
chronological order, as before, the examiner may find an opinion applicable to his case.
But it will presently be perceived by him, that opinions of Attorneys General are not
called for in relation to claims under every bounty land act. And the like discovery
will also be made in examining for opinions on claims under the various denominations
or classes of pensions.
The same remark will be found applicable to the like examination of Part III, for
decisions, regulations, and forms, &c., on claims for pensions and bounty lands, as very
few acts require special decisions, regulations, and forms for their execution-far the
greater portion of those acts being mere extensions, explanations, or modifications of prin-
cipal acts, and are executed, for the most part, under the same decisions, regulations, and
forms; and yet a greatly diminished number might suffice for all practical purposes.
* Except as to regulations, forms, and decisions, of which the two former will only be
found in Part III, under accounts, bounty lands, and forms; and the latter, also, in
Part III only, under the respective denominations of pensions, or bounty lands, to which
they may relate—the laws and opinions rarely taking any part in them.
The references in this index are made to the NUMBERS of the acts and resolutions,
instead of the PAGES, because, in many instances, there are several acts on a page, which
can be better distinguished by the numbers. The dates of the acts being also given in
each abstract, will assist in following the numbers to the proper page.
AGENTS AND AGENCIES FOR THE PAYMENT OF PENSIONS.
Agents, in districts where there are none, pensions to be paid at seat of govern-
ment-act 7th January, 1809......
required to give bond-act 25th April, 1812.....................
to be appointed where there are no commissioners of loans-act 24th April, 1816 59
additional, for East Tennessee-act 3d March, 1819......
required to give bond not over $500—act 15th May, 1820........
with two or more sureties-act 4th February, 1822.
agency for, established at Pittsburg-act 20th May, 1826........
agents for, required to give bond with two or more sureties-act 24th May, 1828 97
agency for paying navy pensions at Washington, formerly in the hands of com-
mander of the navy yard, transferred to a permanent navy agent appointed for
the performance of that, in addition to other duties of "navy agent" proper,
under direction of the Secretary of the Navy-act 28th June, 1832..
agents to be appointed in lieu of the Bank of the United States-act 20th April,
1836
agencies to be established in certain parts of Virginia and Ohio act 7th June,
1836
agency in Decatur, Alabama-act 5th July, 1838..
agents authorized to administer oaths to pensioners, attorneys, and others, and
receive the same fees as officers of the State in which they reside-act 22d Feb-
ruary, 1840....
their compensation to be fixed by the Secretary of War, not to exceed 2 per cent.
on their disbursements, nor to be over $2,000 a year, but to be in full for con-
tingent expenses-act 20th February, 1847....
remittances made to them to be kept within reasonable bounds-act 20th Feb-
ruary, 1847...........
having a deputy or clerk authorized by law, said clerk or deputy shall have like
power to administer oaths, &c.-act 19th February, 1849.....
APPROPRIATIONS FOR MILITARY PENSIONS.
appropriations for the various denominations of pensions (military) previous to
14th April, 1820, were made in very irregular and various forms, which need
not be specified here; and the annual appropriations from 1820 to 1852 can
easily be referred to by turning to the pages in which they will be found for
the corresponding year desired to be consulted, without giving a list of them
in this place, respecting which see the note on this-act 14th April, 1820....... 74
APPROPRIATIONS FOR NAVY PENSIONS, &c.
appropriations for the payment of navy pensioners, invalids, and others, to sup-
ply the deficiency of the navy pension fund, (which had been set apart as an
indefinite appropriation and had been exhausted,) commenced by appropria-
ting $139,666 06 "for the payment of pensions chargeable on the navy pension
fund"-act 16th August, 1841...
again, to supply a deficiency in the navy pension fund, $84,000, for the semi-
annual payments on 1st July, 1842-act 23d August, 1842.....
again, for the payment of navy pensions due for the fiscal year of 1843-44-act
3d March, 1843...........
for the payment of navy pensions for the fiscal year of 1844-45-act 15th June,
for the payment of navy pensions for the fiscal year of 1845-46-act 1st March,
for the payment of navy pensions for the fiscal year of 1846-47-act 10th Au-
gust, 1846......
for the payment of navy pensions for the fiscal year of 1847-48—act 3d March
APPROPRIATIONS FOR NAVY PENSIONS, &c.-Continued.
for the payment of privateer pensions under the privateer fund, as pledged by
Congress on the 26th June, 1812-act 3d March, 1847.....
for the payment of navy pensions for the fiscal year of 1849-50-act 2d March,
1849
for the payment of navy pensions for the fiscal year of 1850–51—act 17th Au-
gust, 1850, $43,000......
for the payment of navy pensions for the fiscal year of 1851-52-act 3d March,
balance of, for pensions unclaimed and remaining in the hands of agents during
eight months, to be transferred to the Treasury, by draft of the Commissioner
of Pensions upon the agents for paying pensions, the form of which draft to
be prescribed by the Secretury of War, and all such unclaimed pensions to be
thereafter payable on application at the Treasury out of any money not other-
wise appropriated-act 6th April, 1838......
The aforesaid provision in relation to the transfer of unclaimed pensions after
remaining in the hands of agents during eight months, is extended to four-
teen months, under the same forms, restrictions, and provisions contained in
the said act-act 23d August, 1842.........
Arrears of pensions due before the 5th of March, 1789, shall be paid in such man-
ner as Congress may hereafter provide for paying the arrears of pensions, (see
act of the same date following.) And the pensions due, or to become due,
from the 5th March, 1789, shall be paid according to such laws as have been
made, or shall be made relative to invalid pensions, (see the next act of this
date) act 11th August, 1790.....
of pensions due to officers and others disabled in the service of the United
States, (during or since the Revolution,) not having been heretofore provided
for, all such officers, &c., now on the books of the Secretary of War, to whom
pensions are due, or for whom provision has not been made by any State, and
to the widows and orphans or legal representatives of such officers, shall be
assumed by Treasury "Certificates," in sums equal to the annual payments
due to each, to be issued by the Register of the Treasury, and to be liquidated
as the Secretary of the Treasury shall direct-act 11th August, 1790............. 5
'of invalid pensions due to a deceased pensioner, to be paid to his widow, or
orphans, or legal representative-act 2d March, 1829.......
of invalid pensions are to be paid to the widows of certain pensioners mention-
ed-act 20th May, 1849........
of revolutionary pensions under this act, to go to the widows and orphans of the
deceased-act 7th June, 1832..........
of pensions due to deceased pensioners not considered as assets, but to be paid
to the widow, or to the administrator or executor, for the benefit of the chil-
dren, or to each of them, pro rata, without the intervention of an administra-
tor or executor-act 19th June, 1840.......................................................
ARREARAGES.
Arrearages of various pensions, (military, naval, marine, &c.) having remained
unclaimed during eight months, (subsequently extended to fourteen months,
and then returned to the Treasury, to be paid through the Second and Third
Auditors' Offices, as the case may be, on appropriations made to meet their
future demand act 18th February, 1841...
payable through the Second and Third Auditors' Offices, as the case may be—act
14th February, 1843...
payable through the Third Auditor's Office, with restrictions-act 30th April,
payable through the Accounting Officers-act 20th February, 1845.
payable through the Third Auditor's Office-act 7th May, 1846..
payable through the Third Auditor's Office-act 20th February, 1847.............. 208
payable through the Second and Third Auditors' Offices-act 26th June, 1848... 210
payable through the Third Auditor's Office-act 19th February, 1849............ 214
ARTIFICERS AND LABORERS.
In the Ordnance Corps allowed pensions and bounty lands on the same footing
as officers, &c., in the regular army-act 10th August, 1848..................................
Military, founded: Invalid pensioners entitled to the privileges of, on surrender-
ing their certificates of pension for the time being-act 3d March, 1851......... 222
For receiving pensions, &c., to make oath of disinterestedness-act 22d Februa-
ry, 1840.......
BOATSWAINS AND BOATSWAINS' MATES.
See "Invalids" of the Navy, (including boatswains and seamen, provided for
under various acts.)
BOUNTY LANDS-from page 299 to 341.
[The legislative provisions for granting "military bounty lands," are here referred to in the chro
nological order of their enactment, waiving all attempt at any classification of them in this place,
having given our views fully on that subject in the Introduction.]
Bounty Land, Congress promised to make provision for granting bounty lands,
in certain proportions, to officers and soldiers who should engage in the revo
lutionary service, and continue to the end of the war, or until discharged, to
enure to the representatives of such as might be slain-resolution 16th Sep-
tember, 1776, page 299.
said land bounty is extended to all who shall enlist for said term-resolution
18th September, 1776, page 299....
said land bounty is extended to general officers in certain proportions-resolu-
tion 12th August, 1780, page 300.....
said land bounty is extended to officers of the medical department in certain
proportions-resolution 29th September, 1780, page 300...
said land bounty is extended to supernumerary officers (on the reduction of the
army) agreeably to the resolution of the 16th September, 1776-resolution 3d
October, 1780, page 300.........
said land bounty to be drawn for and located in territory ceded by the several
States and purchased from Indian tribes, with certain reservations, and under
certain regulations-ordinance of Congress 20th May, 1785, page 301...........
one million of acres, with certain boundaries, are set apart and exclusively re-
served to satisfy said bounties-resolution 22d October, 1787, page 303.........
the Secretary of War is authorized to issue military bounty land warrants, un-
der certain regulations-act 15th April, 1806, page 303.........
the time allowed for issuing said military land warrants, and for locating the
same on lands reserved, is extended to times specified-act 21st March, 1808,
page 304.......
the time allowed for the same is further extended to times specified-act 19th
December, 1809, page 305....
each non-commissioned officer or soldier discharged from service, with certifi-
cate from commanding officer, to be allowed one hundred and sixty acres of
land-act for completing the existing military establishment, 24th December,
1811, page 305........
the same provision is repeated by-act to raise an additional military force, 11th
January, 1812, page 306...
the heirs and representatives of non-commissioned officers or soldiers who shall
have enlisted under the provisions of this act, (to accept and organize certain
volunteer companies,) and shall have been killed, or die, in the service, shall be
entitled to one hundred and sixty acres of land, to be designated, &c., as may
be provided by law-act 6th February, 1812, section 6. See statutes at large,
page 307...
124
is denied or inhibited to dragoons, artillery, and infantry, (not exceeding 15,000
men,) enlisted for eighteen months-act 8th April, 1812, page 88.
the Secretary of War is authorized to issue the warrants for military land boun-
ties promised by certain acts above mentioned, to be applied for within five
years, and to be located on lands set apart in certain Territories, (Michigan,
Illinois, and Louisiana,) of 2,000,000 acres in each, under certain regula-
tions-act 6th May, 1812, page 307........
the time allowed in the aforesaid act of May 6th, for making applications for
said bounty lands, is extended to 1st May, 1820, in behalf of heirs and repre-
sentatives of deceased persons entitled thereto-act 27th March, 1818, page
each effective "able bodied man," enlisted in different military corps, to serve
five years after the 1st February, 1813, allowed one hundred and sixty acres
act 20th January, 1813, page 309.
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