Revolutionary War Pension and Bounty Land Warrant Application File R. 1065, William Barron, Navy.

Page 1

SERVICE
Navy.

Barron, William

Died on the voyage to France in 1778

NUMBER
R. 1065.

Page 2

Miss Ann M. Barron -
Daughter of Lieutenant
William Barron dec'd: of U. S. Navy

Rejected - 

F. A. Dickerns for Miss Barron. *
case sent to the atto. Genl. 9 June 1837
*child of Lieutenant Wm Barron, who died in 1778--

D.25 June 9 Regs

Page 3

Washington
8 June 1837

Dr Sir,
Miss Ann M Barron has sent me a power of attorney authorizing & requesting me to prepare & present her claim for a pension under the act of Congress of the 3d March last. Having understood that you had some doubts whether such claims as Miss Barrons were embraced by the Act I take the liberty of writing a statement of the facts, and asking your decision upon such a case. The evidence is all on file in the public offices & copies of it shall be made & presented if required.

Page 4

The facts of the case are as follows. viz -
Miss Barron is the daughter and only heir of William Barron who was the first Lieutenant of the United States frigate Boston at the time she conveyed the late president John Adams to France as Minister plenipotentiary, with the treaty of alliance between this country and France, in 1778. On the voyage he was wounded and died. 
The Act of Congress provides "that if any officer, seaman or marine have died, or may hereafter die, in the naval service, leaving a widow, and, if no widow, a child or children, such widow, and if now widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased would have been entitled,

Page 5

"under the acts regulating the pay of the Navy, in force on 1st day of January 1835. "to commence from the time of the death of such officer, seaman or Marine." It will be observed that this act provided for the widow or if now widow the child or children of any officer who has died in the naval service of the United States.
It does not say that the officer shall have died after a certain year, but says "any officer" "have died" "in the Naval service" thereby extending it back to the commencement of the Naval service of the United States.
I have the honour to be
very respectfully
[signed] Francis A Dickins.

The Hon M Dickerson
Secy of the Navy.

Page 6

No. 1065
ACT OF MARCH 3, 1855. [date crossed out]
Received                 ,   187  .

Ann M Barron
Daughter of
William Barron
Lieutenant
U S Navy
Rev.

Page 7

The Hon. M Dickerson
Secy of the Navy

Frs A Dickens for Miss A. M. Barron
ansd. 27. Sept. 1837.

Page 8

Washington.
23d Sept 1837.
Sir,
Some time since I presented the claim of Miss Ann M Barron for a pension and you rejected it because you considered that the act of Congress did not authorize the payment of a pension to the widow or children of an officer who died or was killed in the naval service of the United States before the passage of the law creating the Navy pension fund.

Page 9

On examining your report to Congress at their last session I find that the construction given to the pension law, by your predecessors, was otherwise and that pensions have been granted extending back farther than the year 1800. I hope you are not going to act contrary to the decision of your predecessors, or construe the law less liberally, [illegible] that it is for the benefit of the widows and children of those to whom the country is as much indebted, particularly when that decision has been in force for a great many years and there is nothing in the new law, of itself to alter or repeal it. The very fact

Page 10

that such has been the decision and was in force when the act of the 3d March 1837, was passed, and the act containing nothing to the contrary, is sufficient to authorize it, and indeed make it law. Congress passing a law to extend and enlarge another law cannot, when Congress knows the construction that had been given to the original law, make that construction less liberal unless such construction be expressly limited or attend by some express words in the new law. on the contrary the new law authorizes and [illegible] the

Page 11

construction given it is in fast Congress saying. we are satisfied with the law and construction as they now exist except in such parts as we attest by theses express words. But what are the words of the new law: they are "If any officer, seaman or marine have died or may hereafter die in the naval service." without saying since what time or limiting the law in any respect in regard to time.  It therefore extends the operation of the law back to the commencement of the naval service of the United States. That this was the intention

Page 12

is evident because Congress were aware when they passed this law that the constructions which had been given to the former law extended it back further than the year 1800. 
I have the honour to be
very respectfully
[signed] Francis A. Dickins.

The Hon. M. Dickerson
Secy of the Navy.