Staunton spectator. [volume] (Staunton, Va.) 182?-183?, 1832-09-07
LATE REVOLUTIONARY PEN
SION ACT.

neRtGry to the act tor the rettetot cerlatR
SURVIVING officers and soldiers Of the Hec-
oltttiOn.
WAR DEPARTMENT, June ID, 1882
SIR In answer to your letter OF this date,
have the honor TO observe that the act OF
Congress OF March 18th, 1918, entitled can
act to provide for persons engaged in the ma
vs service of the United States in the reyo-
lutionary war" made provision for placIpf
upon the pension roll all cOmmissionSStheI
GERS, non commissioned ollicers,sd in tho
and private soldiers, and el'construction
hospital and medical st 52.sg department was
war of the revoluttESTation of "oficers OF
gwen 10 tins cIs'nn medical STAFF excluded |
that INC spseefft fthe act all other officers OF
tne hoSIiot hclding commission in the line
lI9R army. Because if the words "all
Commissioned officers" &c. extend TO the
whole staff ofthe army, there was no necesS-
ity 10 insert particular provision for any
branch Of the staff. And such provision,
when inserted, would embrace only the par
ticular class described Officers of the line
only, were, therefore, supposed 10 be includ-
ed in the first description. 1t is, however,
clear to me, that had the law contained no
particular enumerating clause, the general
provision call commissioned officers" would
have included all the officers of the line and
staff of the revolutionary army.
allude to this subject here, that the rea-
sons of the difference in the construction put
bv this department upon the act OF 1918, and
that which, il appears TO me, should be put
upon the act Of the present session OF Con
rress. entitled An act supplementary TO an
act for the relief of certain surviving officers
and soldiers Of the revolution, may be appa-
rent. The benefit of the latter act is extend
ed TO each ofthe surviving officers, sc. who
shall have served in the continental line or
State troops, volunteers or militia, &c with
out any clause necessarily, or by construc-
ton. limiting its operations. tits, therefore,
n.y. opinion, that all the officers, whether OF
the line or st-Ir, ot GT cry deseriri'nn arc EN-
braoed in this provision
With respect TO the evidence which
should be retgeired OF the applicants, there it
q manifest dittere'~S between the regular
troops and the milltG Ofthe former, there
are rolls in this office, Nore or less ,,erfect
and where PERSONS hme is found upon
them. no oti~r testimony or should be re-
,i,;rsd " here the name, moi thus found
H. assumption is that the ahIicant did mo-
rar.gr the service stated, and Il, defect rnust
supplied by other testimony. The Ger.
Irtificate of commissioned officer, ono cor
tLoa'dained, is required. But if ncannot
;bIe Witnessed VIII grating statement oftw cred
.Tlo "iti.osses ma ha produced, not H.
.nese Witnesses snouiQ both certify, f.
IN Ia. .r.H..
services of the applicant, De tbav sbo,'TJ r. u
direct or indirect circumstance aviJeI;.,
confirm the account given bySl;raeoIf1
These principles have regulated tn T.,
ment heretofore, and they appear to niSt, ~ -
founded in reason and justice. When, ~
ever, the rolls are known 10 be imperfee
considerable relaxation should be allowed
and, under these circumstances, and as Il
difficulty of procuring testimony gradual
increases, the regulations have been relaxe
particularly with respect TO the nature of II
circumstances required to be shown
The case OF militia service, is, howeve
different. There are no rolls of the militiaS
this department, except those of the Stale
New Hampshire. There can, therefore, a
rise no presumption against the applicant,
be met by stronger evidence than under q
Their circumstances would be required an
time has so reduced the lumber of those We
teranJ, and of the witnesses of their service
and sutterings, that 10 demand them posi-
tive proof, Independently Of their own stale
ments, would be to deprive many of them O
the bene fit Of the act My impression is
That the applicant should produce the hes
evidence in his power. Ifhe has no Twin,
nor documentary evidence of his services h
should transmit as detailed a statement IN
der oath, as he can prepare, showing III,
lime, place and manner Of his employment
The corpse 10 which he belonged, end sucl
other circumstances connected with the sub
lect as he may be able TO recollect and as will
serve to guide an examining officer in his in.
yesiigation of the justice of his claim. Tt
this should be added the certificate, under
oath, of at least two respectable persons
whose characters can be established at the
department, stating the general impressions
OF The neighbOrhood where the applicant re-
sides, or has resided, that be was engaged in
The Revolutionary war imagine there are
lew or none Of the survivors whose charac-
ter are not recognized in the vicinity where
they live. This tradtionary evidence in tho
absence of other proof, will corrohsrate the
statement of the honest applicant, and check
the attempts OF those who are dishonest and
1t appears to me 10 be as far as il will be safe
TO 20 -
These are my impressions, hastily wiz
ten IN answer to your letter. IhaveAhe
more confidence IN them, as they are iortifi-
. ed by The opinion of Dir Edwards, inswhose
q experience ard judgment plaoekfeat re-
lance. And think tho committee will a.
Z gree that they pursue Just medium be-
tween iatItudinous construction. which
would throw the doors Of the treasury opan
TO all who are willing 10 labriCate documents
which would insure them the benefit OF this
act, and such n rigid administration os would
render nugaiory the beneficent provisions Of
the law
have the honor 10 be, Sir
Very respectfully, your OBJ sarvt