The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-07

collected that at the last session of Congress an
act was passed by that body, extending the bene-
fits Of the pension system to the widows and chill
dren of those who had served the country In
military capacity. The following is copy Of the
act:-
c..,rr. CIR dei srs~si.s five years hsfssy
tam wtdsus and srrhens 81 e6ceTs, sisnsd
c6'cs, musicians and pripstes beth regulars snd vsin-
teers.
Representatives Of the United States Of America In
Congress assembled That the provisions Of the
section u the act entitled An cot amending the act
pbsns where their husbands and fathers have died
wounds received In the military service Of the United
States In Of deceased officers and soldiers of the
militia and voluntssrs" approved July 81 1913 shall
be 80 construed as to embrace ell widows orphans
OF onicsrs nor. commissioned officers musicians, and
prvates whether Of the regular army Of volunteers
who have received honorable dtsoharge or Who re.
manned to the date Of their death in the military
their to their place Of residence Of wounds
received or from disease contracted while in line Of
duty, subject to iuch rules regulations aud restric
oDs Is the Secretary Of War; the Sd section Of
act Is authorized to mpose.-Approved Feb n, lS49
One of our contemporaries having asserted, that
this act had Retrospective effect, that Its benefits
did not only extend to those who died IN conse.
quence OF the Mexican war, but also to those who
died in consequence of previous wars in which the
United States was engaged, the consequence Is
that great deal of trouble has been the result.
In order to settle the matter, we publish the fol-
lowing correspondence, which has recently taken
place between the counsellor of petitioner and
the Pension Department, on the subject.
10 WALL STREET, New YoRK, Sept 3, 1849
Hon. J. L. EDWARDS. Commissioner Of Pensions
SR-In reference to Mrs Anne Bogart's application
for pension have thank you for your kind promp-
ttnde, and beg to trouble you once more
The act of July 1885, to be In favor only Of
granting pensions to widows and orphans where their
the military service Of the United States
The act OF July a. lS4S extended the provisions Of
that act to the widows and orphans Of the regular
my, in the army March LIST, 1886, or at any
time since during the then present with the Next
cans EXTENDED to widows and orphans Of those who
April ], 1876, or who might die during that BY
reason of wounds or diseases contracted while in tho
line OF duty or while returning to their usual place Of
residence after discharge, Sc But the act did not
apply to tbofe who had not served in Mexico or ut
died while on the march to join the army in Mexico
The act Of February, ls49, eonstrues the provisions
received an honorab. discharge died either Of Wounds
or ditease contracted who remained in the service
&c &c. died since their return to their usual place Of
residence, OF wounds or disease contracted while in
My clients husband died long previous to the Me1i-
can war, and therefore her claim would come under
the Of February lSl0 II that act made no dislnc
ton between the Mexican aud its effects, the
other wars In which our country saseDgaged and fur
Their, II 10 distinction was made between those who
served in these wars and died during these Of
wounds diseases contracted, aud those who died Of
dsesse cont acted time Of peace Of wounds such
contracted disease and who had not served In the
can war, indeed, In whether the contracted
dies in line Of duty
The question Is Important because an opinion pre-
walls that the act u February 1872 Includes only tho
fuiersrs from the Mexican war; and another opinion
prevsls and Is very generally believed that extends
TO TIE sufferers from all our whether they died
uiiDg Any VI these In time Of peace II wounds
received or dseae contracted during such wars and
also o dsease contracted in time OF peace while In the
line Of duty.
My object IL, before proceeding any further to as
certain the official construction of the preceding para
graph Of this letter applied the statute Of Febru
AIRY, ls40. have this honor to be,
Your ODD servant
JAMES BASsErT, Counsellor ct Law.
To this letter the following reply was received,--
PESs,os OrrIcE. Sept. T. 1919.
siR-In answer to your letter Of the I'D instant, I
have to inform you that the act Of Feb 90 1884,
the law Of July IL ls4s aud relates sx.
clusyey To the widows and children OF those officers
and soldiers who served during the Mexican war.
am, very respectfully,
Your ebcdisnt servant
L. EDWARDS.
JAnrs BAssErr, Esq, Counsellor at Law, No. so Wall
street, New York.
This places the subject beyond dispute. II is
now certain that, according to Mr.. Edwards I'M
Outstanding of the law If not according to Its orgi-
nal intent, this extension Of the pension system is
confined exclusively to the widows and children
Of soldiers and officers who served during the
Mexican war.