Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-07-27

tcert except the mllItia oil New hampshire ana |
the State troops of Virginia:
1. Where, and in what year wore you bornl
?. Have you any record of your age; and if SO,
where is III
3. Where woro you living when called into SER
vice; where have you lived since the revolutionary
war, and where do you now live?
4. How were you called into service; you
drafted did you volunteer, or woro you substituted
| And II n substitute, tor whom'
D. State tho names ofsomo 81 the regular officers
who were with the troops where you served; such
continental and militia regiments us you can
recolcct, and the general circumstances of your
service.
! TO soldier.--Did you receive dis
| charge from the service; and, if SO, by
! whom was il given, and what has become
6. ofit'
To an oEieer.--Did you over receive COM
mission; and, if 70, by whom was it sign
! ed, and what has become of it?
| q. State the names OF persons to whom you
known in your present neighborhood, and who can
testify TO your character for veracty and their
belief of your services az soldier of the revolu-
I ton.
The court will that the answers to these ques.
tons embodied in the declaration, and they are
requested to annex their opinions of the truth Of
the statement of the applicant.
! The applicant will further produce in court, if
the same can DO done, III the opinion of court,
without too much expense Il Inconvenience TO him.
two respectable persons-onc of whom, should be
the nearest clergyman, if one lives in tho immcdi
ate vicinity of such applicant, who can testify, from
their acquaintance with him. that they believe he
s of the age he represents, and that he is reputed
| and belived in the neighborhoodt to have been
evolutionary soldier, and that they concur in that
opinion. If one of these persons is clergyman,
the court will certify, and they will also certify
to the character and standing OF other persons
giving such certificates
The tradtiouary evidence of service is deemed
very important in the absence of any direct proof
except the declaration of the party. And the
courts requested to be very particular in the in
quiry whether the belief is general, and whether
any doubts have existed upon tho subject. To
require from the applicants positive proof of service
from contemporary survivor, would, after tho
lapse of many years, be to deprive many of them
of the benefit of tho law. And no presumption
is raised against the militia by the existence of
rolls in the department, there is no good reason
why this requisition should be extended to them.
On the other hand, to receive the declaration of
the parties, sufficient ground for placing them
upon the persion roll, without corroborating cir
cumstsnce.' would be 10 open the Treasury to
great frauds Just medium seems to present the
best rule for carrying into effect tho objects of
Congress.
Ii the two persons whose certificate is required
cannot be produced in court without too much in
convenience and expense to the applicant, then the
statement of the facts and opinions aboveme ntion
ed VIII be made under oath before some Judge or
justice othe peace, and the certificate of the court
to the situation and credbility of tho persons max
ing the statement will be given.
Applicants unable to appear in court by reason
OF bodily intrmity, may make the declaration before
required. and submit 10 tho examination. before a
Judge or Justice of of record of tho proper
county; and the Judge or Justice will execute the
duties which the court is herein requested 10 per-
form, and will also certify that the applicant can
not, from bodily iniirmity, attend the court.
whenever any official act is required to be done
by judge or justice of court of record, or by
justice of the peace, the certificate of the Secretary
/ OF State or Territory, of the proper clerk of
the court or county, under his seal of office, will
DC annexed, stating that such person is Judge or
justice of court of record, a Justice of the
peace and that the signature annexed is his genu-
! inc signaturc.
8. Persons serving in the marine forces
a. Indian spies.
| Each of these two latter classes of cases will
produce proof, as nearly may be, conformably
to the preceding regulations, aud authenticated in
| n similar manner, with such variations as the diff
terent nature of the service may require.
No payments can be made account of the
services OF any person who may have died before
the taking effect of the. act of June T. 1882; and
IN case OF death subsequent thereto, and bufors
the declaration herein required is made he pa rites
interested will transmit such evidence they can
procure, taken and authonti atcd before a court
of record. showing the services of the deceased
the period of his death, the opinion of the neigh.
borhood respecting such services, the title of the
claimant, and the opinion of tho court upon the
whole matter.
An act supplementary 10 The "Act for the relief of
certain SURVIVING officers and soldiers of the Re
polutioR."
DC ~ enacted by the Senate and House of Repre-
sentatiues of the United States of america in Con-
gress assembled, That each of the surviving off,
GERS, non.commissoncd officers, musicians. SOL
diers, and Indian spies, who shall have served in
the continental line, State troops, volunteers
or militia, Mt one or moro terms, period of two
years, during the war of the revolution, and who
arc not entitled to any benefit under the act for
the relief of certain surviving officers and soldiers
of the revolution, passed the fifteenth day of MAY
eighteen hundred and twenty eight, be authorized
TO receive, out OF any money in tho Treasury not
otherwise appropriated, the amount Of his full pay
In the said iino according to his rank, but not ex
cccdng IN any case, the pay of captain in the
sald line; such pay to commence from the fourth
day of March, thousand eight hundred and
thirty one, and shall continue during his natural
tife and that any such Don-commssioned officer,
! musican private, aforesaid. who shall have
served in the continental line State troops, volun
tcers militia. term terms in the whole less
than the above period, but no: less than six months
shall be authorized to receive out of any unappro
Priated money in the Treasury, during his natural
lite, each, according to bis term of service, an a
mount bearing such proportion to the annuity
! granted 10 the same rank for the service of two
years, his term of service did TO tho term afore
said; to commence from the fourth day of March
one thousand eight hundred and thirty one.
SEC, 2. dnd be it further enacted, That no per-
son Receiving any annuity pension under any
Jaw OF the United States provdn. for revelation
airy officers and soldiers, shall be entitled to the
oehehS OF this act, unless he shall first relinquish
MS iuflhei claim to such pension, and in all pay
nents under this act, the amount which NAV
have been received under any other act ms afore
said, since tho date at which the payments under
this act shall commence, shall first DO deducted
from such payment.
SEC. 3. And be ii further enacted, That the nav
allowed by this act shall, under tho direction OF
the Secretary of the Treasury, be paid to the Off
Ger, non commissioned officer. musician or mr.;