Southern planter., 1832-12-29


act TO provide for persons engaged in the land
and naval sevice of the United States in the
revolutionary war" made provision for pla-
eng upon the pension roll all commissioned
Ynon-cOnnisslOnedo officers, musicians. & pri-
Vaie soldlers,& officers in the hospital & med
zeal staff wlDseved int the waroftherevolution
The construction given to this clause by this
department vas, that the specific enumera-
ton Of "oiii'ers of the hospital and medical
staff" excluded from the benefit of the act
all other differs Of the staff not holding COM
mission intlH line of the army. Because, if
the words sui commissioned offcers.n &c.
extend 10 the whole staff of the army. there
was no necessity to insert particular proyis-
ION for any Tanch Of the staff And such
a provision, when inserted, would embrace
only the particular class described. Officers
OF the hne oily, were, therefore, supposed 10
be included u the first description. Ii is, how
ever, clear tome, that had the law contained
no partlculaIenumerating clause, the general
provision ''al commissioned officers" would
have included all the officers OF the line and
staff of the Evolutionary army.
allude toths subject here, that the rea-
sons of the difference in the construction pu,
by this department upon the act of 1918, and
that which, appears to me, should be put
upon the act Of the present session of Con-
gress, entitleC, "An act supplementary to am
act for the rdief of certain surviving officers
and soldiers o the revolution" may be nppn-
rent. The b'nefit of the latter act is extend
ed TO each of the surviving officers, &c. who
shall have sgved in the continental line or
State troops, volunteers or militia, &C., with
out any claus necessarily, or by construction,
limiting its Perations. Il is, therefore, nv
opinion, that Ill the officers, whether of the
line or staff, q every description, are embra-
ced in this pnvision.
With respect to the evidence which should
be required OF the applicants, there is a man
iiest differenc, between the regular troops and
the militia. Of the former, there are rolls I'M
this office, mTe or less perfect, and where a
PERSONS name is found upon them, no other
is q should be required. Where
the name is Tot thus found, the presumption
is that the APPLICANT did not render the service
stated, and the defect must be supplied bv
other testimony. The certificate Of COM
mlssloned OffBer, if one can be obtained, is
required Bht If II cannot, then the corrOb-
Grating statement Of two creditable witnesses
must be produced, not that these witnesses
should both certify, from their own personal
knowledge, to the actual service of the appli-
cant, but that they should, by direct or indi-
rect circumstancial evidence, confirm the ac-
count given Iy himself. These principles
have regulatedthe department heretofore, and
they appear tome to be founded in reason and
justice. When, however, the rolls, are known
to be imperfect, considerable relaxation should
be allowed; ahd, under these circumstances,
and as the difficulty of procuring testimony
gradually increases, the regulations have re-
Gently been rehxed, particularly with respect
TO the nature If the circumstances required
to be shown.
The case of militia service, is, however,
different. Thae are no rolls of the militia in
this department, except those of the State of
New Hampshire. There can, therefore, arise
no presumption against the applicant, to be
met by stronger evidence than under other
circumstances would be Required; and time
has so reduced the number of those veterans,
and of the witnesses of their services and suf-
ferings, that to demand of them positive proof
independently 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 pow
er. If he has no living nor documentary ev-
idence of his services, he should transmit as
detailed a statement, under oath, as he can
prepare, showing the time, place, and man
ner of his employment, the corps to which he
belonged, and such other circumstances con-
nected with the subject as he may be able to
recollect, and as will serve to guide an exam
ining officer in his investigation Of the justice
of his claim. To this should be added the
certificate, under oath, Of at least two res
pectabe persons, whose characters can be es-
tablished at the department, stating the gene
raj impressions of the neighborhood where
the applicant resides, or has resided, that he
was engaged in the revolutionary war. inn
agine there are few or none of the survivors
whose claims to this character are not recog.
nised in the vicinity where they live. Thi
radtionary evidence, in the absence Of othe
proof, will couoborate the statement of tho
honest applicant, and check the attempts o
those who are dishonest; and it appears to mi
to be as far as it will be safe to 60
These are my impressions, hastily written
in answer to your letter. have the NOR
confidence in them, as they are fortified b.
the opinion of Mr. Edwards, in whose eXpe
rience and Indictment | nlace great reliance