Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-07-27
rHPORTANT TO THE OFFICERS AND
SOLDIERS OF THE REVOLUTION.
10 rmu EDir"Es OF THE VINO.

SOLDIERS or THE REVOLUTION.
10 rmg EDIroGs WnrG.
7 request YOU to print ono hundred copies OF the
Letters OF the Honorable Lewis Case, Secretary oil
War in relation TO the execution OF tho Ac' sup
Elementary to the Act for tho relief of certain
Sold crs of the Revolution dated June 18TH. 1857,
and to caution the poor officers and soldiers who
may no entitled To- tho benefit OF the Pension ACT
of jane 7h, 1882 not TO give more than D per cent:
to settle their claims at Washington. expect II
MONDAY will ohecrfully 90 their business while
there. have requested to have the above letter,
and the instructions of the Pe"sion Oihce u, June
9th 1882. printed in pamphlet. and also published
in the Wing, for the information OF the poor sol.
dicrs and officers.
July 2sd. "' WILLIAM DuvAL.
Letter from the Secretary Of War, &c. in relation
tn the execution Of the Act supplementary to the
act for the relief Of certain su:u,ping officers and
soldiers Of the reroiution."
WAR DEPARTMENT., June Is, 1892.
SIR: In answer to your letter of this date, have
the honor 10 observe, that the act of Congress OF
March Is, 1918, entitled AN act to provide Tor
persons engaged in the land and naval service OF
tho United States in the revolutionary war;" made
provision 10 placing upon the pension roll all COM
missioncd officers, nome commissioned officers, mu
scians, and private soldiers, and all officers in the
hospital and medical staff, who served in the war
of the revolution. The construction given to this
clause by this department was, that tho specific
enumeration of " officers of the hosttal and mo-
deal s;af" excluded from the benefit of the act all
other officers of the staff not holding commission
IN the line of the army. Because, if the words
=" all commissioned officers" &c, extend to the
whole staff of the army, there necessity to
insert particular provision for any branch of the
staff. And such provision, when inserted, would
embrace only the particular class described. OFF,
GERS of the line only, were, therefore, supposed TO
be included in the first description. u.s. however,
In m hat hrAt ba pf,ino A
cnlir enumeratmg clause, the general provision,
"a!l commissioned officers" would have included
all the officers of the line and staff of tho rcvolu-
tionary army.
ahide TO this subject here, that the reasons Of
The difference in the construction put by this de.
pertinent upon tho act Of 1918, and that which, 1t
appears tn me, should be put upon the act of the
present session of Congress- entitled " An act sup
plementary TO act for tie relief of certain
ing officers and soldiers of the revolution may be
apparent. The benefit of the latter act is extend
cd to each "f the surviving officers, &C., who sha III
have served in the continental line State troops,
volunteers or militia, &c, without any clause me-
cessurily or by construction, limiting its operations
1t is, therefore. my opinion, that all the officers,
whe thcr of the line staff, of every description,
are embraced in this provision
With respect tn the evidence which should be re-
quired of the applicants, there is manifest differ.
cnce between the regular troops and tho militia.
Of the former, there rolls in this Office moro
or less perfect, and where Persons name is found
upon tHcHI, no Oincr testimony Is or snOutu 20 re-
CURED. Where the name is not thus found, the
presumption is, that the applicant did not render
the service st ated, and the defect nust be supplied
by otner testimony. The certificate of commits
sioncd officer, it can he obtained, is required.
But if it cannot, then the corroborating statement
OF two credible witnesses must be produced. Not
that these witnesses should both certify from their
personal knowledge tn the actual service the ofappli
cant but that they should, by direct or indirect
circums,antal evidence, confirm the acc unit given
by himself. These principles have regulated the
department heretofore, and they appear to me to
he founded IN reason and Justice. When, however,
the rolls known 10 he inpcr feet, considerable
rHlaX.l ION should be allowed and, under these
crca ances. and the difficulty of procuring
testimony gradually increases. the regulations Ina We
recently been ,eiaxed, particularly with respect to
the nature of the circumstances required to be
shown.
The case of militia service is however, different
There rolls of the militia in this department
except those of the State of New Hampshire
There can, therefore, arise presumption against
The applicant, 10 be met by stronger evidence than
under other circumstances would be required and
time has So reduced The plumber of those veterans,
and OF he witnesses of their services and suffer-
lngs, that to dcTund OF them positive proof indie
pendcnty of their own statements, would be to
deprive many of them of the benefit of the act.
My impression is, that the applicant should produce
the best evidence in his power If he has no living
nor documentary evidence of his services he should
transmit as detailed statement, under OATH as he
can prepare, showing the time, place. and manner
OF lns employment, the cops TO which he belonge
and such other circumstances connected with the
subject, as he may be able to recnllect and as will
serve to guide examining officer in his investi
cation Of the justice of his claim. To this should
be added the certificate under OATH of least two
respectable persons, whose characters can be es
tablshed at the department, stating the general i'm
pressioDs of the neighborhood, where the applica
resides, or has resided that lie engaged in the
revolutionary war. i imagine there are few OF
meme of the survivors whose claims to this charac
ter are not recognized in the vicinity where they
live. This tradiiionary evidence, in The absence N
honest applicant, and check the attempts of those
who are dishonest; and it appears 10 me to be as
far rs it will be &c 10 go.
These are my impressions, hastily written in
answer 10 your letter. | haze the tnore confidence
in them, as they are fortified by the opinion of Mr.
Edwards, i'll whose experience aud Judgment I
place great reliance. And think the committee
wa agree, that they pursue just medium between
niI'ItUdinOus construction, which would throw the
doors the Treasury open to all who arc willing
TO iabrIcate documents which would insure them
Inc benefit OF this act and such rigid administra.
t"n as would render nugatory tho beneGccnt pro-
visions Of the law.
have The honor to be- sir,
Very respectfully, your obcdicnt servant
LEWIS CASS.
Hon Samuel. a. FooT,
Charma" II he Committee on pensions in the Senate.