Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1855-04-09


Pension oINcE--isPoSrASr TO Bousfr'LlSt
AstLlcAsrs.-ln reply 10 numerous inquities FROM
oil part, Of the UnIon in tesatl 10 the meaning q
,hswotds record evidence ssused In the bounl,
land act Of March 8. 1855, Commissioner Waldo
kss subnilted the following opiuiOni
PENSION oEFlcE, april ., 1855.
Sir You have desired me TO give you my opinion
as 10 The true meaning Of the words 'teeo1d evil
dence,, IS used III The third section Of the act en-
titled IAN ncl in addition 10 certain acts stauInG
bounty land 10. certain officers and Eoldiets WIZ
have been engaged In the military service Of The
United States, approved Aiatch3, 1855.
Records, strictly speaking, are tegls'eh Of ON
cial OF public Transactions made by Objects aPpot'
ed fot that purpose, and Of te Transactions Ol suc
officers as ate required by law 10 register Ihelt
own ntoctedinss. Transcripts from these registers
ntonttly authenticated, are tteoId evidence. Ne
pistets Of military setSce are Usually made W an
officer who has charge oil The muset'rol, Of ofdef'
" look OF the company, OF The pay roll q the fe'
stnent or cotps 10 which lie belongs. These rolls
Ste male contempofdneOusly With The Transaction
they are intended 10 prtpetIate, and aS hey ate
subject 10 The daily supervision Of those whose
services ere there narrated, they are fegstdeu as
roses,inr % bieh evidence ofyetity as any teeotd'
irhesl a,e Therefore, record evidence OF military
service. Transcripts from these rolls, certified W
public object with whom they ate legally depoS.'
tied, or swofa copies OF these rolls made Ny ctetli'
hls pel.ons, will be received as record evidence
OF militoty service under SAID aot.
hui there may be oihet record evidence Of mill
taty service; fof instance, the records Of rnsny
towns show that certain individuals served os The
quota for such towns in The revolutionary wat
The historical societies IN many VI The States con.
tain eyideaee oil The military Setvlce OF individuals
HhoSe names ATE not found on tue muster OF pJy
rolls Of any corps. Many wel.acetedlled hisloties
furnish evidence oil individual military service thai
canuot elsewhere he found. II is moi TO b. supPo'
sed that these and ohet like ptoOfs 0fsetviCe ole
10 b. listesa ded. II may he difficult 10 establish
any general rule upon this subject 10 which There
may mol be. many e1crt'ons. But as genefaI
rule will say that any entity respecting military
service made by person Ia the day and tune Ol
the anSaclion, Whose duty re4ited him 10 observe
and tesiset The iacl, will be regarded as record
evidence OF such service. The requisites ntces'
saty 10 make such entries admissible ate, FIST
Thai the entry srpeaf 10 have been made cOntem.
potaneousIy with luz act, and, second, that lllt
entry be:made by person whose duty, lequitsL
bin 10 note and register the Transaction. The
proper application Of this rule will enable per
son 10 establish clam by record evidence, OF ey'
idence quasi iecold, and will prevent The evil
srisIIis ftOtn The admission Of parole evidence Il
ptoye military sefyice--evils which have been
ftuhful soulee VI the numerous ftauds heretofore
committed upon this department, and oFnins
which Constess intended 10 provide by the into
duetion OF Ills PtoYislon into lhls act.
lFelnsia yours, &C.,
l., P. WALDO, Commissioner.
J. s. Edwards, ESQ.,, present.
Secretary MccIsllsud, Of the Departmental The
interior, hos sddtesssd letter to Mt Waldo, full
" approving lhe above opinion. This will give
The bounty 10 many who served in the was, whose
NAMES wete not regularly enrolled.