Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-03-22

unteers were who had effected an earlier crossing
OF the lake. The winds he could not control lie
Joined the volunteers In the woods az soon as pos
sible and on the afternoon OF the 18th was
placed In the line Of battle and on the morning Of
the l2th moved into Plattsburgh with the other
united states forces Was not this In the engage
ment that extended six or seven miles from Platts
Durgh on the land, with the Saranac river between
the opposing armies and with naval engagement
on the lake at the same time2 The appellant be.
reeves that such has been the construction OF two
laws OF congress, recognizing the service OF these
volunteers, that all who crossed the lake during
september 18th were In the engagement or battle
Sucr rulings were never questioned until the
knlghtly deeds OF the fathers were partly forgot
ten or crowded from the minds OF the children by
the events OF the great Rebellion.
Inc clause, without regard TO the length Of
service rendered now contained in section 2, 421
oil the Revised Statutes, was not in the original
act OF March 3, 1855. The ninth section OF the
act OF March 2, 1855, Is as follows That the
benefits OF this act shall be applied to and embrace
those who served az volunteers at the invasion Of
fiatts0nrgh In September, 1914" This section Is
silent M TO the period OF service required to receive
the benefits therein mentioned. But the ninth
section must however be construed In connection
with the third section Of the act which provides,
Wdt IN no case shall any such certificate or tCdr-
rant DC issued for any serUice less than fourteen
ddvs, except where the person shall actually have
been engaged in battle and unless the party claim.
ing such certificate or warrant shall establish his
or her right thereto by record evidence OF said
service" These sections being parts OF the same
act must be construed together aud when so con
strued they do not authorize the finding OF the sec
rotary Of the interior, THAT the act Of March 3,
1880 gave bounty land TO those who served at the
invasion OF Pattsburgh without regard to the pc
Rod OF the service the fact whether they were
we're not in actual battle" The ninth section only
placed the volunteer on an equal with a regular
To entitle person to bounty land under the act Of
March B. 1855, whether he served rs a volunteer
or regular, there must be service for the period
OF fourteen days or actual battle service. There
fore soldier rightfully entitled TO land warrant
under the act OF March 3, 1850, IL entitled to q
pension under the act Of March ., 1878.
II was evidently the intention OF Congress &c
embrace in the benefits Of the act Of March o. 1873
all who were rghtfully entitled to land warrant,
under the act Of March 3, 1855 See the debates
on this bill in the Congressional Record.
The clause, Tor in any engagement" was at.
tached to the act OF March . 1878, with the view Of
including the Plattsburgh volunteers. During the
debate on this bill in the senate, February 10,
1878 Senator Edmunds said: 81 happened t.
know that there were good many OF the people
of the state OF Vermont who went for a week to
the battle Of Plattsburgh and assisted in repelling
the British and who were disabled there and
who served as valiantly IA anybody could, and II
we are to give pensions to the survivors of the
war OF 1912 who served fourteen days, even II
they never smelt gunpowder at all, do not know
why we should not give them to those patriotic
cltlNenH WHO volunteered In u great emergency
and actually fought through two OF three days
battle" 81 move to amend the
clause proposed to be stricken out by striking out
the word and and inserting or, so as to in
cude those who actually fought in any battle
whether they were in the service fourteen DAYS
or not" This amendment was agreed to and the
bill as amended passed and became a law.
The surviving Vermont volunteers, believing
they were entitled to the benefits of this act mad,
application for pension. Some OF them have beer
annn nd m m a,.i
afford to forget the services OF any OF those brav,
men at that early day, more than 1t can the serv
ices of the men who fought much in the SAINT
| manner at Lexington and Concord in 1775 They
were mostly farmers and pioneers of the fores
more accustomed to hunting wild animals thar
fighting men, and while they secured themselves
as they could behind trees and other protecting
objects, they were careful to take aim at individ
uals Of the enemy and their aim never missed
This mode Of warfare which the well disciplined
regulars Of the enemy denounced as murder
struck even the flower of the British veterans
fresh from victories under Wellington, with ter
ror that made them anxious to steal away, unde
| the cover Of darkness, to Canada. These mel
entitled to some credit, II only the lake II
full view OF the enemy, in winning the victorie
| at Plattsburgh that filled the whole country
with astonishment and delight"
ITO act well for the government is noble, ant
even TO speak well of 1t is not without merit
But to deal justly with the hum blest claimant
that no right which the law gives TO any individ
ual be lost, is an honor that tends to make
| strong and happy nation. Disbursements from
| the treasury made under wise legislation lik
vapors that rise from the earth and descend II
fertilizing showers to bless and beautfy the land
To deal grudgingly or harshly in adjusting tn
| legal rights OF the intrepid soldiers who, like tn
| X imans, protected with their arms their liber
ties, their country and their homes" is contrar,
to the spirit of the pension laws, and is unworth,
| the name American. Respectfully submitted,
t. j. DEAvIrr, Attorney for Harriet NJ. Owen
NoTE.-General Samuel Strong. the commander Of III
Vermont volunteers at Patburh reported the governo
OF Vermont the 10th of September the number then
the ground well armed TO be 800 September llth,
O'Clock he reported the number TO be $50 This las
report must have included Captain ubbards and the eig
other companies that crossed the lake together the l
September.
Secretary schurz denied widow OF captain OF one
these volunteer companies land warrant when the non
commissioned officers and prvate and their widows had
ceived bounty land for the service The gve
that the rule OF evidence In such I'd beef
changed for several years See application of Mary brown
widow OF Matthias \ JONES' for bounty land, No. 1888 59
| June rs, 1879, volume g. 3S1.