Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-05-27

f. f. WOODBRIDGE,
J. ID. HATCH, Committee.
ELISHA WHITE,
ALEXANDER RIDDLE,
May IL, 1858.
United States vs. Pittsburgh Volunteers
and their Agents.
The prosecution, on complaint by U. S. At
torney Stoughton, against Messrs. Wallace of
Orange County, Boswell of Orleans and Bick-
ford of this County, after hearing, before the
US. Commissioner, at Bellows Falls, resulted
in requiring the defendants to recognize for APP
pearance, at the Circuit Court, now in session.
1t seems that after the passage of the Act of
Congress, OF March 3, 1855, giving Bounty
Lands to those who volunteered at the invasion
of Plattsburgh, in September, 1874, the de-
PENDANTS acted to some extent as agents, for the
claimants, by drawing the declarations of the
volunteers or widows of volunteers and taking
the q6fdauits, of witnesses, and transmitting the
same, to the Pension Office, at Washington
under the rules and regulations of that Depart
ment.
The Section of the Act of Congress, of
March, 1855, relating to this subject, reads as
follows
"SEc. g. And be it further enacted, that
the benefit of this act, (giving bounty land)
shall be applied to, and embrace those who
served as volunteers at the invasion of Platts-
burgh in September, 1874; also at the battle
of Kings Mountain in the Revolutionary war,
and the battle of Nickojack against the confed-
Grated savages of the South"
The construction given to this act, and it
would seem the fair one was that all who vol
unteered and started in some military organiza-
ton for the scene of the invasion, were entitled
to its bounty, whether they actually reached
there, or were stopped en- route, by the news
that the British had retreated.
Such was the construction given by Senator
Foot, to whom great credit is due for procuring
its passage and by whom this section was draft
ed.
Extract from the published letter of Senator
Foot:
May II, 1857.
and which brings within it's provisions and
entities to its benefits all those who actually
started from home for the scene of action and
} who were placed under some military organ
ization.
If they were en- route, or on their way for
Pittsburgh, whether they reached that place
or not, they come within the provisions of the
Act, and are entitled to Bounty Land
Thus, in good faith, theSolunteers throughout
the State embodied, as we are informed, in about
III Companies, in all made and transmitted their
declarations, and proofs of services.
Those from Western Vermont, who were in
season to be at the battle, and those who were
en- route when it ended, also those from Eastern
Vermont, who started after the battle, and were
en- route when they received the news of the
battle, all made applications.
At the time these applications were made
(lS56) the precise date Of the service was by no
one regarded as material-that is, the day OF
. volunteering or starting, whether on the It'll,
9th, 10th. 18th, or 18th of September. But
did they volunteer in good faith on the occasion
The time being mmaterial was always stated in
the declarations thus: "on or about" the -
day of September" and the blank filled with
; some day in September.
In course of time the Commissioner of Pen
sions decided to cut off all those who started for
, the scene of action as volunteers, when it hap
r pened that they did not start before the day Of
battle.
This decision rendered the time material, and
t of course, such claims for Bounty Land as fell
, under the rule were suspended.
But the u. s Government go farther, and
i, now claim that all those declarations made be.
fore the rule had made the day material, are tc
: be deemed false and perjured, in not stating the
+ true day, and that this is equally perjury, al
though the parties so declaring did not kno,,
!. that the day was material, thus duplicating
thousands of innocent claimants and agents ii
!, constructive crime, by the retrospective effect o
n decision of the Pension Office
y Although we are no lawyer, we must say thu
mind recoils in horror, at such a doctrine, anC
= we shall wait with deep interest, to hear it an
nounced as la,c, by the Judges of the Circui
Court
: In the meantime it is due to the defendants t,
+ say that they are well and avorably known a
: citizens of undoubted responsibility.
As to the construction given this Act by Com
missioner Whiting of tho Pension Office, W
have no hesitation in saying that it is Maroon
J ilhberal, andunjust, and we trust these most un
i fortunate prosecutions will arouse enough o
it interest," in the proper quarter, to have his de
l. cision overruled. 10 say that volunteer VIII
: started from Montpelier on Sunday morning
n and went as far as Willston, when he got new
l. of the battle and its result, is entitled. and
volunteer who started from Topsham on Sunda
eroning, and went to Williston, and got new
y of the battle and its result, is not entitled,
absurd
The one was " volunteer at tho invasion y {
a Plattsburgh, as much as the other, within tn
Act