Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1855-04-19

In reply to numerous inquiries from all parts
of the Union in regard to the meaning OF the
words "record evidence" as used in the bounty
land act of March 3, 1855, Commissioner Wal
do has submitted the following opinion
Pension OFFICE, April 2, 1855.
Sir You have desired me to give my opin-
ion as to the true meaning of the "record evi
dence," as used in the third section Of the act
entitled San act in addition to certain acts
grantirg bounty-and to certain officers and SOL
diers who have been engaged in the military SER
vice of the United States,' approved March 3,
1855.
Records, strictly sceaking, are registers of Of
fetal OF public transactions made by officers ap-
pointed for that purpose, and Of the transactions
1T such officers as are required by law to regis
;er their own proceedings. transcripts of these
registers, properly authenticated are record ev-
idence. Registers of military service are usual
ly made by IN officer who has charge of the mus
ter roll, or orderly book of the company,or pay
roll of tt e regiment or corps to which he be-
longs. These rolls are made contempOraneously
petuate, and as they are subject to the daily SUI
pervision of those whose services are there mar
rated, and they are regarded as possessing as
high evidence OF verify as any record These
are therefore, record evidence of military service.
transcripts from these rolls, certified by pub
lie officer, with whom they are legally deposited,
or sworn copies of these rolls, made by credi-
BILE persons will be received as record evidence
Of military service under said act.
But there may be other rts,rd evidence of
military service; for instance, the records of
many towns show that certain individuals serv-
ed as the quota for such towns in the revolution
airy war. The historical societies in many of
the States contain evidence Of the military ser
vice of individuals whose names are not found
on the muster or pay-rolis Of any corps. Many
wel-accredited histories furnish evidence of in
dividual military service that cannot be found
elsewhere found. 1t is not to be supposed that
these and other like proofs of service are to be
disrgarded. 1t may be difficult to establish any
general rule upon this subject to which there
may not be many exceptions But, as general
rule, will say that any entry respecting militia
ry service made by person in the day and time
of the OF the transaction whose duty required
him to observe and rcsster the fact, will be re-
garded as record evidence of such service.
The requisite necessary to make such entries
admissible are, first, that the entry appear to
have been made contcmporaneously with the
the act and, second, that the entry be made by
person whose duty required him to note and
register the transaction. The proper applica-
ton of this rule will enable person to estab-
fish Il claim by record evidence, or evidence quasi
record, and will prevent the evils arising from
parole evidence to prove military service-evils
which have been fruitful source of numerous
frauds heretofore committed upon this depart
ment, and against which Congress intended to
provide by the introduction of this provision
into this act.
remain yours, &C.,
L. P. WALDO, Commissioner