Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-04-18
Pension Office--Tmpcrtnnt 10 Bounty Land
Claimants.

pcnsiou Office-ympcrtn nf 10 Bounty Land
Claimants.
In reply to numerous inquiries from all
parts of the Union in regard to the meaning
Of the words ssrecord evidence rs used in
the bounty land act Of March 8, 1855, Com
missioner Waldo has submitted the following
opinion:
Pension Crr;cg, April 2, 1885.
Sir: You have desired me to give you my opinion
as 10 the true ug OF the wotds record evidence
ms used in the third section Of the act entitled An
act in addition to certain acs granting bounty land
to eel tain officers and soldiers Who Luu been engaged
in the military service Ut the Uuited S,ates approv
cd March the Sd, 1855.
Records strictly p aking, are registers Of ,foial
public tiansact.ons made by officers appointed for
that pu,puse AMI Ut the transactions OF such Ulcers
cured by law to register then own proceed
.ngs. Transcripts from these registers, properly au-
ihenti record evidence. Registers Of militia
ry service usually made by officer vino has charge
Of the muster roll, orderly book OF or
the roll of the regiment or corps to when nc W
longs. These rolls made contcnporaieous!y with
The transaction they intended 10 pcrpetuae, AID
d, they are subject to the daily SUPERVISION OF those
whose services there harraet they are regarded
MS possessing high evidence Of verify as any re-
cord those arc. therefore, rec ~ ldence 81 mil
ary ser ,ice Transcripts from these rolls certified
10y public officer with whom they are legally depos-
tied, copies Of these made by credible per
sons Ill be received record evidence Of military
service under said act.
| But there may be other record evidence Of militia
ry service for instance, the records Of many FOWLS
show that certain individuals served the quota fl
UGH townS n til, revolutionary war. Tie his teal
societies many of the States contain evidence of tue
military service of individuals whose names are not
found on the lay-rolls of any corps Many we'll ac-
clcded histories furnish evidence of individual mill
tary service that cannot DC elsewhere found. 1t i
not 10 supposed that these and other ike proofs Ut
service are to be disregarded. 1t may be diff nt t.
establish any general rule viii say that any entry
re- pecting military service made by person in the
day and time Of the transaction whose duty required
him to observe and register the fact will be regarded
as record evidence Of such service. The rc9uisaton
necessary max. such entries admissible are, first,
that the entry appear to have been made cotemper-
aneousy with the act; and, second, that the entry
be made by person whose duty required him to note
and register he TRANSACTION. The proper application
of this raio will enable person to establish claim
by record evidence evidence quasi reccId AMI will
prevel the evils arising from the admiss Of parole
evidel &c TO prove military servicc-ev which have
been fruitful source of the numerous frauds here
toiore committed upon this department. and against
which Congress intended to provide by the introduc
| ton Of tins provision into this act.
| remain yours, dc.,
LIP WALDO, Ccm'r
! j. 5. IDwARDS, esq, present.
/ Will Ue seen from tl6 )AiuWIiB teLlcF lInt
the above opinion has been fully approved by
Secretary McClelland:
/ DEPARTMENT OF THE INTERIo-.
Washington, April 1855.
SIR have given a careful consideration t. your
opinion Of the meaning It the words record evidence
! as used in the late bounty land act of March I'd
1855 expressed in your letter to j. ) Edwards, Esq
IN enclosed to me for my approval in your note Of
/ the I'd inst.
The construction you have given is, IN my opinion
as full ard accurate as the subj ct will admit while
at the time it is just and liberal to those who
| claim the benefit Of the act.
! | am, very respcctfGliv, Jour obesicnt servant.
| X. McCLELLAND, Secretary.
! Hon. L p. waldo,
Commissioner Of Pensions.