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.
« 上一頁繼續 » |