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Chief physicians and surgeons of the army and hospitals, and hospital physicians and surgeons, purveyor, apothecary, and regimental surgeons, each equal to the half pay of a captain.

[9.]

[Journals of Congress, 1781, vol. 3, page 626.]

[Depreciation of pay allowed to officers of the flying camp returned from captivity.] RESOLUTION IN CONGRESS, MAY 26, 1781.

On the report of a committee, consisting of Mr. Varnum, Mr. Motte, Mr. Carroll, to whom was referred a letter of J. Howell, auditor of accounts in the main army:

Resolved, That the officers of the flying camp, lately returned from captivity, be allowed depreciation by their respective States, in the same manner as officers of the line in such States:

That in settling the accounts of officers returned from captivity, and who are entitled to the benefit of the resolutions of the 24th of November, 1778, and 22d May, 1779, the auditors allow the year's pay mentioned in said resolutions, in bills of the new emission, issued agreeably to the resolution of 18th March, 1780, and which shall be paid by the paymaster general:

That auditors of the army cannot take notice of breaches of parole till the same be ascertained by courts-martial, and that the pay of such officers will vary from that of other officers, according to the sentence, and not otherwise.

[10.]

[Laws of the U. S., vol. 1, page 687.]

[Pay and subsistence, and depreciation of pay, made good to certain officers, &c.]

RESOLUTION-IN CONGRESS, DECEMBER 31, 1781.

Resolved, That all officers of the line of the army, below the rank of brigadier general, who do not belong to the line of any particular State, or separate corps of the army, and are entitled by acts of Congress to pay and subsistence, shall have the same, with the depreciation of their pay, made good to the first day of January, 1782.

Resolved, That the Secretary of War be, and he is hereby, directed to make returns to Congress, on or before the 20th day of January, 1782, of the names and rank of all the officers necessary to be retained in service, that are included in the preceding resolution.

Resolved, That all officers included in the foregoing description, and whose names shall not be inserted in the returns directed to be made by the preceding resolution, shall be considered as re

tiring from service on the first day of January, 1782; provided, always, that nothing contained in these resolutions shall be construed so as to prevent or hinder any officer that shall retire as aforesaid from enjoying all the emoluments that he may, upon retiring, be entitled to by any former acts of Congress.

[ 11. ]

[Journals of Congress, 1782, vol. 4, page 18.]

[Five dollars per month allowed to sick and wounded of the army unfit for further duty.] RESOLUTION-IN CONGRESS, APRIL 23, 1782.

On a report from the Secretary at War, of the 23d of March, 1782,

Resolved, That all such sick and wounded soldiers of the armies of the United States, who shall in future be reported by the inspector general, or the inspector of a separate department, and approved by the commander-in-chief, or commanding officer of a separate department, as unfit for further duty, either in the field or in garrison, and who apply for a discharge in preference to being placed or continued in the corps of invalids, shall be discharged, and be entitled to receive as a pension five dollars per month, in lieu of all pay and emoluments.

Resolved, That it be, and hereby is, recommended to the several States to discharge such pensions annually, and draw on the superintendent of finance for the payment of the money they shall so advance.

[ 12.]

[Laws of the U. S., vol. 1, page 687.]

[Commutation for five years' full pay, in lieu of half pay for life, the latter being considered odious.]

1. Half pay viewed in an unfavorable_light: Commutation solicited. 2. Five years' full pay in lieu of half pay for life. 3. The same commutation to corps not belonging to lines of particular States. 4. Officers belonging to the hospital department, and such as have retired, &c., may accept or refuse.

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 regard

ed in an unfavorable 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 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 dissatisfaction from the minds of their fellow-citizens: and whereas Congress are desirous as well of gratifying the reasonable expectations of the officers 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 mose convenient, 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, individually, 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 commanderin-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 acceptance or refusal to be signified by agents authorized for that purpose, within six months from this period that with respect to such retiring officers, the commutation, if accepted by them, shall be in lieu of whatever may be now due to them since the time of their retiring from service, as well as of what might hereafter become due; and that so soon as their acceptance shall be signified, the superintendent 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.

[13.]

[Laws of the U. S., vol. 1, page 690—a note.]

[Half pay forbidden except to those officers to whom it is heretofore promised.] RESOLUTION-IN CONGRESS, JANUARY 26, 1784.

On the report of a committee, consisting of Mr. Williamson, Mr. Tilton, and Mr. Monroe, to whom were referred a memorial of Joseph Ward, and a petition of R. Forthingham,

Resolved, That half pay cannot be allowed to any officer, or to any class or denomination of officers, to whom it has not heretofore been expressly promised.

[14.]

[Laws of the U. S., vol. 1, page 690.]

[Certain officers entitled to half pay or commutation.]

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 commutation, with those officers who retired under the resolves of the 3d and 21st October, 1780.

[15.]

[Laws of the U. S., vol. 1, page 690.]

[Recommendation of Congress to the States to provide for invalids of the army and navy, resident in the States respectively.]

1. List to be made out. 2. Certificate necessary. 3. Pensions to disabled officers equal to half pay, and rateable allowance to non-commissioned officers and privates. 4. Each State to appoint persons to examine claimants. 5. Each State authorized to pay. 6. Any State may form invalid corps. 7. Quarterly returns of invalid corps. 8. Invalids to take an oath. 9. Magistrates to send affidavits.

RESOLUTION-IN CONGRESS, JUNE 7, 1785.

Resolved, That it be, and it is hereby, recommended to the several States, to make provision for officers, soldiers, or seamen, who have been disabled in the service of the United States, in the following manner:

1. A complete list shall be made out, by such person or persons as each State shall direct, of all the officers, soldiers, or seamen, resident in their respective States, who have served in the army or navy of the United States, or in the militia, in the service of the United States, and have been disabled in such service, so as to be incapable of military duty, or of obtaining a livelihood by labor. In this list shall be expressed the pay, age, and disability of each invalid; also the regiment, corps, or ship, to which he belonged; and a copy of the same shall be transmitted to the office of the Secretary of War, within one year after each State shall pass a law for this purpose; and a like descriptive list of the invalids resident in the respective States shall, from year to year, be annually transmitted to the office of the Secretary of War.

2. No officer, soldier, or seaman, shall be considered as an invalid, or entitled to pay, unless he can produce a certificate from the commanding officer or surgeon, of the regiment, ship, corps, or company, in which he served, or from a physician or surgeon of a military hospital, or other good and sufficient testimony, setting forth his disability, and that he was disabled while in the service of the United States.

3. That all commissioned officers within the aforesaid description, disabled in the service of the United States, so as to be wholly incapable of military duty, or of obtaining a livelihood, be allowed a yearly pension, equal to half their pay respectively: and all commissioned officers as aforesaid, who shall not have been disabled in so great a degree, be allowed a yearly pension, which shall correspond with the degree of their disability, compared with that of an officer wholly disabled: that all non-commissioned officers and privates within the aforesaid description, disabled in the service of the United States, so as to be wholly incapable of military or garrison duty, or of obtaining a livelihood by labor, be allowed a sum not exceeding five dollars per month, and all non-commissioned officers and privates as aforesaid, who shall not have been disabled in so great a degree, be allowed such a sum as shall correspond with the degree of their disability, compared with that of a non-commissioned officer or private wholly disabled.

4. That each State appoint one or more persons, of suitable abilities, to examine all claimants, and to report whether the person producing a certificate, setting forth that he is an invalid, be such in fact, and if such, to what pay he is entitled: and thereupon the persons appointed to make such inquiry shall give to the invalid a certificate, specifying to what pay he is entitled, and transmit a copy to the person who may be appointed by the State to receive and record the same.

5. That each State be authorized to pay to the commissioned officers, non-commissioned officers, and privates, the sum or sums

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