Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-09-03
lpplieatIou. Tor siale Volunteer Aid.
49, OFFICE OF SECRETARY or STATE,
Madison. Wis, Aug. 1864.

There is very great misapprehension ex-
isting among the parents OF soldiers, IN ref
erence to the provisions of chapter III OF
the general laws of 1864, Familiarity known as
the Volunteer Aid Law. For the purpose OF
i correcting this misapprehensioD, submit
the following as the proper construction OF
the law
Section one provides extra pay OF five dol
lars per month for all enlisted or drafted non
commissioned officers, musicians and privates,
mustered into the service OF the United
States, who were actual, residents OF the
State of Wisconsin 90 the date of enlistment
or being drafted, and who enlisted in COM
pany or regiment organized in the State OF
Wisconsin. Section two defines what the
word "family" shall mean, and provides that
a widowed mother actually dependent upon
the soldier for support at the date OF his en-
listment or being dra fled shall be within the
meaning of the law, the family of soldier
having no wife or children, and if the sol
der has no wife or children or widowed moth
err, and has father infirm and INDECENT, ac-
tually and wholly disabled from supporting
himself, and wholly dependent upon the Ia
Dor of the soldier for support at the time OF
his enlistment or being drafted, he shall be
regarded as the family of the soldier, within
the meaning of the law.
In all cases, the party claiming must be at
the time the soldier enlists or is drafted, &c
t,sally dependent upon the soldier for support.
A father cannot be said to be actually de-
pendent upon the labor of a son, unless it is
shown that he does actually receive his sup
port from the son. And this rule applies in
| the case of a mother In order TO entitle
father to the extra pay provided by this law,
| it must be shown that he is physically dis
| abled, that he cannot earn enough to provide
| food and clothing for himself. He must be
entirely destitute of property from which
he derives an income, and without other
means of support than the labor of the son
| or sons on whose behalf he claims the extra
pay; and it must be shown that prior to the
| date of enlistment, and up to the date OF the
/ application, he actually received his support
from the son or sons on whose behalf he
| claims.
| In ordePto entitle the mother to extra pay,
| it must be shown that she was a widow at the
time the son enlisted or was drafted, and
that she continued to be a widow to the date
of the application. And to be a widow with
| in the meaning of the law, the mother must
| have been bereaved of her husband by death.
A woman divorced from her husband, is not
entitled. 1t must be shown that she actually
received the surplus earnings of her son pri-
or to his enlistment, and subsequently up to
the date of the application, and that the sur
plus earnings thus received were necessary
for her comfortable support.
1t is manifest that the legislature intended
to provide a fund which should be applied by
the family" of the soldier, and supply the
place of his earnings actually withdrawn by
the enlistment of the soldier This being the
intention of the legislature, it is clear that a
father or mother who did not receive his or
her support from the son prior to the time he
entered the service of the United States, is
not entitled to the extra pay provided by the
law. The disability and dependence must
exist at the time the soldier enters the SER
vice, to enttle the parent to extra pay. In
"A case where the parent derived support from
more than one son, and all the sons from
whom the support was derived are in the SER
vice of the United States, the best course is
to apply on behalf of all.
Children under the age of IA years, de-
pendent upon the father at the time he en-
listed or was drafted, (the mother having
died or deserted the children either before or
subsequently to the date of enlistment or
draft,) are entitled to extra pay, and the per-
son in whose charge the children may be, can
draw the money. But the children who at
the time the soldier enlisted or was drafted,
were supported by the town, or were being
supported by any other person than the
father, cannot be regarded as dependent up
on the father, and are therefore not entitled
to extra pay.
wife to be entitled to the extra pay pro-
vided by law, must show that she was mar
ried and living with her husband at the time
he enlisted or was drafted If married after
the soldier is in the service of the United
States, the wife is not entitled to extra pay.
1t is the plain duty of every person who
makes an affidavit to enable father or moth
er or other person to procure extra pay, to in
vestigate the case until he knows that the
claim is proper one.
If a person swears falsely in order to
enable any other person to procure extra pay,
it is perjury. Ii is the duty of the justice
who administers the oatns, to carefully ex-
plain the nature of the oath to each witness,
and to see that the witness fully understands |
what the effect of the affidavit is; and it is
the duty of the justice and chairman to be
satisfied from information, or of their own
knowledge, that the claim is within the pro-
visions of the law. If a justice or chairman
certify an unfounded or fraudulent claim, he
is liable to punishment under section eleven |
of the law.
This construction may in some cases ope-
rate harshly. If so, it is the fault of the law.
The rule have laid down is clearly in accord
ance with the plain provisions of the law.
A large proportion of the claims of fathers
have proved, upon investigation, to be I'M
founded, and in some instances positively
fraudulent Experience has convinced me
that the form of affidavit now in use for faith
ers, is greatly misunderstood, or that the
claimants and their witnesses are not very
particular as to the means they use if they
can obtain the money. In all new applica-
TONS therefore, the old form of affidavit
may be dispensed with, and proof be present
ed in such form as the applicant sees fit,
stating such facts in reference to the case as
will authorize the Secretary of State to
come to the conclusion that the case is one
within the provisions of the law and / sug-
gest the following facts as necessary to be
proved, viz: ax
LIST. The age of the applicant and his phys
ical condition.
I'd. The amount of property of all kinds
owned by the applicant describing it, and if
money at interest state how much, and if the
property yield an income, how much
3d. Did the son or sons actually furnish
anything for the support of the father prior
to and since his enlistment? And if yes,
whatl
4th. Has the father now, or had he at the
date of enlistment, any income or means of
support from any source, except what he re-
ceived from the son or sons upon whose be-
half he claims
5th. Can the applicant earn enough to fur
nish him with food and clothing And if
not, how much can he earn And any other
facts which will give full statement of the
fathers situation.
Ha h., o.