The Londonderry sifter. (South Londonderry, Vt.) 1883-19??, 1884-08-07
THE SOLDIERS OATH.
How it Should be Regarded in Pension
Cases.

Acting Secretary of the Interior Joslyn has
rendered decision of interest TO pensioners,
namely: That the evidence Of the applicant
may be received in certain contingencies as
competent proof. In the case which called
forth the decision, it appeared hat tho soldier
had received some injury to his right foot four
years previous to his enlistment. The injury,
however, was not OF a character to prevent the
performance Of hard manual labor, and he
passed the medical examination, was en-
listed, and received no treatment whatever
till December, 1862, when he claims
to have incurred the injury for which
the pension is sought. The acting secre-
tary says: "Tbe testimony as to the
injury prior TO the soldiers enlistment,
though general and in many respects con-
Trajectory, is relied upon to support the pre-
sumption of the soldiers soundness PRIOR to
enlistment This to my mind is a rule of con-
structon and an act Of injustice not to be sus-
tanned. The government subjected this soldier
to the crucible of medical examination, ac-
cepted his service of most laborious, hazard
Gus character, became the beneficiary of his
efforts, and every humane consideration de-
mands that in cases where there are doubts
arising from the character and weight of testi-
mony the soldier should have the benefit of it
as against the government for whose existence
he imperilled his life. In this case il must be
held that the soldiers SoundnesS prlof 10 en-
listment has been established Was, then, the
alleged disability incurred in the service and
while on duty. The record furnishes no EVIL
dence except the fact that the soldier in 1868
was sick at Halls farm. 1t does not indicate
the nature Of the sickness. In the absence of
record e, idence, the next best evidence attain
able must be supplied. Two witnesses
clearly established that the claimant
was injured in his leg or foot in 1862,
for which he was treated at III IFS ftrm,
and the claimant testifes in his own behalf
Through the wisdom OF modern legislation,
both national and state, the parties in interest
are permitted to testify in their own behalf
The one reservation of this beneficial rule
is the credibility OF the witnesses and the cor
roborrating circumstances in the case. lis
Justice and humanity are illustrated in this
case. Here soldier in the performance of
his dutg separated. from his command, sudden
ly surrounded by the enemy and iniuied, and
| yet, being among strangers, unable to produce
eve witnesses of the facts material to his
claim He is under the same obligation to tie |
| the truth, and he incurs the penalties for per-
| jury if he does not. What does he say That
he was in the service at the time alleged the
records verified; that he was injured at about
the time alleged; that he was treated by the
doctor, which is confirmed. The soldiers
character for truth and integrity is overwhelm-
ingIy established aso that of the
| other witnesses The combination of ci--
| cumstances coniirmatory of til other leaves
no doubt in the nv mind that the soldier
| injury was incurred in the service and in the
| line Of duty. and the rejection of his claims.
| therefore, are overruled.