Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1832-08-23

Letter from tie Secfct0fg ~ Udt d.. IN feR4tiGn
10 the erec@fion ri he Ad supplementary 10
The act for The reiicf y eeriain surtiriAg a0iecyS
and sOidierSef He Reroiatton.
WAR DlrtRTMESr June IS, 1892
SiR In answer 10 your letter of this date have
the honor 10 observe, that the aet Of Congress Of
March 18th, 1918, entitled An act to pioyHie Tor
persons engaged IN the land and naval selvico Of
the United States IN the revolutionary war" made
provision for placing upon the pension roll all
commissioned officers, non-conimssioned on.rars
musicians and private soldiers, and all officers ia
the hospital and medical staff, who served IL the
war OF thet3yoluiion. The construction given To
this cause by tins department was that the specific
enumeration Of officers Of the hospital and med.
cal staff excluded from the benefit OF the act al o.
iher officers Of the staff not holding comnis5oi,ln
the line Of the army Because if the words all
commissioned officers ~. extend IN tle whole
staff ofthc army, there was 40 necessity to insert
particular provision for any branch of the siuG
And such provision, when inserted would Gun
brace only the particular class described O.Heers
Of the line only, were, therefore snppo3cd TO be IN.
cluded IN the first description. IL is, however clear
to me, that had the law contained no particular eni-
meratng clause, tie general provision all com.
mssioned officers would have included all the
officers Of the line and staff Of the revolutionary
army.
aIludc to this subject here, that the reasons of
the difference in the construction put by tins dc
partinent upon the act ofiSls, and that which, il
appears to me, should be put upon the act Of the
present session OF Congress, entitled An act sun.
Elementary TO ai act for the relief of certain =uryl-
wing officers and soldiers of the revolution NAV
be apparent The benefit Of the latter act is extern
ded to each of the surviving officers, &c VINO snail
have served III the continental line or State troops
volunteers or Ii htia DC. without any clause neces-
sarily orby construction, limiting It's operations
II Is, therefore, my oplnlou that nil the officers
whether otthe line OF staff. Of every descrip on,
arc embraced IN this provision.
With respect 10 the evidence which should be re-
qured the applicants, there is manifest differ
ence between the regular troops and the militia
OF the former there are rolls in this Office more OF
less perfect and where persons name is found
upon them, no othc, testimony is OF should be re-
CURED Where the name IS not thus found the
presumption Is that the applicant did not render the
service stated, and the defect must be supplied by
other testimony. The certificate Of Il commission
ed officer, II one can be obtained, is required But
if 1t cannot, then the corroborailng statement of
two credible witnesses must be produced not that
these Witnesses should both certify, from their own
personal knowledge, TO the actual service OF the an.
pllcan but that they Should by direct or Indirect
circumstantIai evidence confirm the account given
by himself. These principles have regulated the
department heretofore, and they appear to me to be
founded in reason and justice When, however,
the rolls are knownto be imperfect, considerable
relaxation should be allowed aod under these cir
cumstances, and as the difficulty of procuring testi-
mony gradually increases, the regulations hayebecn
relaxed, particularly with respect To the nature o.
the circumstances required to he shown.
The case OF militia SERVICE is, however differ
cnt. There are no rolls Of the militia IN this de-
partment, except those of the State CT New Ilamp.
shire. There can. therefore, arise DO presunp
ton against the applicant to be met 10y stronger ev
idence than under other circumstances would be re-
quircd and time has so reduced the number of those
veterans, and ofthe witnesses of their services and
sufcrnss, that to demand OF them positive proof
independently of their own statements would be to
deprive many Of them ofthe benefit ofthc act My
impression is that the applicant should produce the
best evidence IN his power. II he has 10 living
nor documentary evidence ufhis services, he should
transmit detailed statement, under oath, as he
can prepare, showing the tine, place and manner
Of MS employment the corps 10 which lac belonged
and such other circumstances connected with the
subject as '.e may be able to recollect, and as will
serve TO guide an examining officer in his investi-
gatici. Of the Justice Of his claim. ToG..g Should