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ca, who shall be wounded or disabled as aforesaid, shall be entitled to his half pay or other allowance, unless he produce to the committee or officer appointed to receive the same, in the State where he resides or belongs, or to the assembly or legislative body of such State, a certificate from the commanding officer, who was in the same engagement in which he was so wounded, or, in case of his death, from some other officer of the same corps, and the surgeon that attended him, or a certificate from the commander of the ship of war, or armed vessel engaged in the action, in which any officer, marine, or seaman received his wound, and from the surgeon who attended him, of the name of the person so wounded, his office, rank, department, regiment, company, ship of war, or armed vessel, to which he belonged, his office or rank therein, the nature of his wound, and in what action or engagement he received it.
5. That it be recommended to the several assemblies or legislative bodies of the United States of America, to appoint some person or persons in their respective. States, who shall receive and examine all such certificates as may be presented to them, and register the same in a book, and also what support is adjudged by the assembly or legislative body of their State, to those whose case requires but a partial support, and also of the payment from time to time of every half pay and other allowance, and of the death of such disabled person, or ceasing of such allowance, and shall make a fair and regular report of the same quarterly to the Secretary of Congress or board of war, where a separate record shall be kept of the same.
6. That it be recommended to the assemblies or legislative bodies of the several States, to cause payment to be made of all such half pay or other allowances as shall be adjudged due to the persons aforenamed, on account of the United States.
7. Provided, that all such officers and soldiers that may be entitled to the aforesaid pension, and are found to be capable of doing guard or garrison duty, shall be formed into a corps of invalids, and subject to the said duty; and all officers, marines, and seamen of the navy who shall be entitled to the pension aforesaid, and shall be found capable of doing any duty on board the navy, or any department thereof, shall be liable to be so employed.
[2.] [Duane's edition of the Laws of the U. S., vol. 1. page 631-a note.] (lialf pay for seven years, after the conclusion of the war, to all military officers who
shall continue in the army to the end of the war.]
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 pot 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 one of the United States.
[3.] [Journals of Congress 1778, vol. 3, page 68.] [Relief is extended to officers and non-commissioned officers of the army and navy, and
to soldiers, seamen, and marines, who had, anterior to the resolve of the 26th of August, 1776, lost a limb, or been otherwise disabled, such as that granted by said resolution.]
1. All provisions and regulations contained in the resolve of the 26th of August, 1776, are extended to all persons who lost a limb, or were otherwise disabled, before snid 26th August, 1776, and subsequent to the 19th of April, 1775, when hostilities commenced.
2. And, to remove a doubt, whether certain persons claiming pensions under these resolutions were in the service of the United States, it is declared that all persons who have been or shall be drawn forth for the common defence, or have turned out, or shall turn out to oppose the enemy on a sudden emergency, shall be entitled to the pension allowed for like disabilities provided for by said resolution of 26th August, 1776; provided, that such of said persons being capable of doing guard or garrison duty, shall be subject thereto, with certain exceptions.
3. And such persons aforesaid, as, by various causes specified, may not be able to produce the certificates of evidence required, shall, upon showing to the governor, &c., of the State to which they belong, satisfactory proof that they were so disabled, and producing his certificate thereof, shall be entitled to receive the pension designated.
RESOLUTION IN CONGRESS, SEPTEMBER 25, 1778. The Board of War brought in a report, which was taken into consideration: Whereupon, Congress came to the following resolution :
1. Whereas, Congress, by a resolve passed on the 26th of August, 1776, made provision for commissioned and non-commissioned officers of the army and navy, as also for the private soldiers, marines, and seamen, who should thereafter lose a limb in any engagement, or be otherwise so disabled in the service of the United States of America, as to render them incapable afterwards of getting a livelihood; and, whereas, divers officers and others have lost limbs, or been otherwise disabled as aforesaid, before the said 26th of August, to whom the like relief ought equitably equally to be extended :
Resolved, That all provisions and regulations contained in the said resolve of August 26, 1776, shall extend to all persons who lost a limb or were otherwise disabled as aforesaid in the service of the United Colonies or States of America, before the said 26th August, and since the commencement of hostilities on the 19th of April, 1775.
2. And whereas doubts may arise in some cases, whether certain persons maimed or disabled and claiming pensions, were at the time in the service of the said colonies or States : for removing the same,
Resolved, That every commissioned and non-commissioned offcer and private man who, since the commencement of hostilities, as aforesaid, has been, or hereafter shall be, drawn forth for the common defence, (and not for the service of any particular State) or who has turned out, or shall hereafter turn out, voluntarily to oppose the enemies of the said United Colonies or States, upon any sudden attack or invasion, or upon any enterprise carried on under their authority, and in such service has lost or shall lose a limb, or has been or shall be otherwise disabled as aforesaid, shall be entitled to the pension allowed in said resolve of August 26th, 1776; provided, that any such commissioned or non-commissioned officer or private man, being found capable of doing guard or garrison duty, shall be subject thereto, and serve in the corps of invalids when required, or on refusing so to do, shall be struck off the list of pensioners; unless the person so refusing have a family, or be otherwise peculiarly circumstanced, and the Governor or President and Council of the State he belongs to, or in which he resides, are of opinion an exception should be made in his favor, and an exemption granted him from such service, a certificate of which opinion he shall produce, previous to his receiving his pension.
3. And whereas it may happen that many persons, maimed or. disabled as aforesaid, by reason of their falling into the hands of the enemy, the deaths of their officers and surgeons, or other accidents, may not have it in their power to procure the certificates required by the aforementioned resolve, to entitle them to their pensions,
Resolved, That in such cases applications be made to the Governor or President and Council of the State to which any person maimed or disabled as aforesaid belongs, or in which he resides, anil upon shewing to him or them satisfactory proof that he was maimed or disabled in the manner before mentioned, and producing his or their certificate thereof, he shall be entitled to and receive a pension in like manner as if he produced the certificate required by the said resolve.
[4.] [Laws of the U. S., vol. 1, page 689—a note.] [One year's additional pay granted to supernumerary officers omitted in the new ar
rangement] RESOLUTION—IN CONGRESS, NOVEMBER 24, 1778. Whereas, from the alteration of the establishment, and other causes, many valuable officers have been, and may be, omitted in the new arrangement, as being supernumerary, who, from their conduct and services, are entitled to the honorable notice of Congress, and to a suitable provision until they can return to civil life with advantage,
Resolved, therefore, That Congress gratefully acknowledge the faithful services of such officers, and that all supernumerary officers be entitled to one year's pay of their commissions, respectively, to be computed from the time such officers had leave of absence from the commander-in-chief on this account. And Congress do earnestly recommend to the several States, to which such officers belong, to make such further provision for them as their respective circumstances and merits may entitle them to.
RESOLUTION—IN CONGRESS, MAY 22, 1779. Resolved, That all continental officers who are or may be exchanged, and not continued in the service, be, after such exchange, considered as supernumerary officers, and entitled to the pay pro vided by a resolution of Congress of the 24th of November last.
[ 6.7 [Laws of the U. S., vol. 1, page 631.] [Half pay for seven years granted to officers, &c., extended to widows and orphans of
those officers, &c.]
RESOLUTION—IN CONGRESS, August 24, 1780. Resolved, That the resolution of the 15th day of May, 1778, granting 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.
RESOLUTION—IN CONGRESS, OCTOBER 3, 1780. And whereas, by the 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 current money equivalent, and also grants of land at the close of the war, agreeably to the resolution of the 16th of September, 1776.7
[7.] [Laws of the U. S., vol. 1, page 688—a note.] [Half pay for life granted to officers continuing in service to the end of the war.]
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 commence 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 following allowance, viz:
The director of the hospital equal to the half pay of a lieutenant colonel.
# For reducing and regulating the army.