The National tribune. [volume] (Washington, D.C.) 1877-1917, 1886-02-18

! phia. A new and improved edition of this adj
| mlrable digest of Grand Army law has Just
been gotten out, and THE NATIONAL TRIBUNE
Will send it to any address on receipt of 81.
WIDOWS OF SOLDIERS"
| Commissioner Black Shows that a Recent Circular
in Regard to their Claims is Misleading.
DEPARTMENT OF THE INTERIOR, Pension OFFICE,
| WASHINGTON u. c., Feb s. 1886.
| Hon. c. c. MATsoN. Chairman. Committee on In
| valid Pensions. House of Representatives.
SIR: have the honor to inclose herewith u cir
eular letter recently issued by
Claim Agents of this city soliciting employment
! In the prosecution of a claim which they say Is
| not IN the nature of a pension" and which they
say they have reason to believe is due from the
been killed in battle died of wounds" and to
state that the said Claim Agents refer to the benefits
conferred by Section 1856 Of the Revised Statutes,
| which reads as follows:
| - W hen any officer, non com nissiOned officer,
articer, or private of the militia volunteer corps,
dies IN the service of the United States, in re-
turning to his place of residence after being mus
tered out OF service, at any time in consequence
of wounds received in service and leaves q widow
or IL no widow child or children, under l6 years
OF age, such widow, or if no widow, such child or
children shall be entitled to receive half the
monthly pay to which the deceased was entitled at
the time of his DEATH during the term of five years
and in case of the death or intermarriage of
such widow. before the expiration of five years the
nalI-pay Tor the remainder of the time shall go to
ret;lry OF the Interior shall adopt such forms OF
evidence in applications under this Section the
PRESIDENT may prescribe"
The questions / have endeavored to determine
| are whether the benefit conferred by this section
Is pension, and if so, the classes of persons to
wnom II relates, and whether it is now in force.
To this end have examined with care our PEN
sion system established by the various enact
ments from the early days of the Government to
! the present time.
Among the early general laws granting I" haIf-pay
pensions to widows and orphans was the act fix
ing the " Military Peace Establishment" approved
March Is, 1902, Vol 2, page 1872 U. S. Statutes at
| Large which provided that if any commissioned
officer in the Military Peace Establishment of the
United States should, while in the service of the
United States, die by reason of any wound received
in the service, and should leave a widow, if no
widow, child O children under is years of age,
such widow or if no widow such child or children
should be entitled to and receive half the monthly
pdy" to which the decedent would have been enti
te1 at the time OF death, for and during the term
of five years.
On the 18th of April, 1905 Congress passed ali act
Vol page 49, q. 5. Statutes at Large, to raise for
limited time an additional military force extending
the same half monthly pay" benefits to the wild
ows and orphans of the officers raised pursuant to
said act that had been granted to the widows and
children of the officers of the Military Peace Estab
lishment.
On the 11th of January, 1872 Congress passed an
act TO raise an additional military force, Vol. page
OIL u ; Statutes at Large, granting the same half
monthly pay for five years to the widows of COM
missioned officers of the Military Establishment
of the United States who should die by reason of
any wound received in actual service.
On the 18th of january, 1913, Congress passed an
act additional to the act of Jan. H. 1872 Vol. 2,
page 79I, U. $. Statutes at Large extending the
same "half-mOnthly pay" for five years, to the
widows and children of commissioned officers who
should die while in the service of the United States
by reason of any tCoutnd received therein.
On the 10th of April 1912, Congress passed an act.
" An act for the relief of the officers and soldiers
who served in the campaign on the Wabash in
which the same provisions, to five years half
pay, Were made in behalf of the widows and or
phans of the officers and soldiers of the UottnteerS
and militia who served in said campaign:
ON the I'd OF August 1913, Congress passed an act,
Vol. s. page 49, L. 5. Statutes at Large entitled An
act TO provide for the widows and orphans of mill
tia slain, and for militia disabled in the service of
the United States" in which the same five years
helEpay provisions are made in behalf of the wild
ows and minor children of any commissioned Off
GERS of the militia or volunteers who shall, while
In the service of the United States. die by reason
of any wound received i'll actual service of the
United States"
on April 10, 1916 Congress passed an act Vol g.
page 2S5, L. ;. Statutes at Large, entitled An act
making further provisions for military service dur
ing the late war, and for other purposes, in which
the same five years half pay provisions are made
for the widows and minor children of the officers
and soldiers of the militia, including rangers sea-
fenclbes and voluntcers-under certain limitations
as to term of enli5tment-or of the commissioned
officers of the Regular Army, who shall have
died while in the service of the United States dur
ing the late war, or in returning to his place of
residence after being mustered out of service, or
who shall have died ut any time thereafter in con-
sequence of wounds received while iii the service"
act Vol. 8, page 459. u. s. Statutes at Large, en-
tied AN act to increase the pay of the militia while
i'll actual service and for other purposes" Section
2, of which act provided that the widows and or
phanS of the militia who had been called into the
service of the United States subsequent to the LIST
day of September 1917, or thereafter, might be
called into said service, in prosecuting the war
against the Seminole Indians, or who might have
died been killed or who thereafter might die or
be killed in such service, should be entitled to the
same half pay for five years, and pensions allowed
by the laws then in force, to the widows and or
phans of the militia who died or were killed in the
service of the United States during the war with
Great Britain.
On the 10th of March, 1886 Congress passed an
act, Vol 3, page Z, u. s. Statutes at Large granting
half the monthly pay" for five years to the widows
and orphans of officers and soldiers received into
the service of the United States to suppress Indian
depredations in Florida who should die in such
service, or Mt any time, by reason of wounds re-
ceived therein
months thereafter, Congress passed an act, Vol. 5,
page 7, U. 5 Statutes at Large, granting the same
half monthly pay for five years, to the widows |
and orphans of officers and soldiers who had died |
i'll the service subsequent to the Goth day of April
1873 thus extending thesame benefits to the widows
and minor children of the officers and soldiers of
the volunteers and militia, who had been might |
be in the service subsequent to April 20 1918, as |
We're extended to such officers and soldiers for
ices in the Seminole Indian of 1877.
On the 2st OF July, 1913, Vol. 9, page 2f9, L. s.
Statutes at Large. the half-monthly pay for five
years to widows and orphans provided for under |
the first section of the act of July 1885, was granted
to the widows and orphans OF officers and soldiers |
who died subsequent to the lSt OF April 1916, who
might die during the war with Mexico. from |
wounds received or disease contracted while in the .
line of duty.
The five years halfpay pensions granted to
widows and minor children under the various acts
mentioned, well all other similar acts have
been continued from time to time by acts of Con-
grcss for further periods of five years until June 8
1858. See act June 2S. 1852 Sec. 2, Vol. T. u. s.
Statutes mt Large, page 500 act July 81, 1SiS Vol O.
U. 3 Statutes at Large page 29, and act Feb 1858,
Vol TO- u. =. Statutes at Large, page Isl
The act of June g. 1855 Vol. H. u. s. Statutes Mt
Large, page 300 provided That all those surviving
widows and minor children who have been or may
be granted aud allowed five years half pay under
the provisions of any law laws of the United
States, be, and they hereby granted a contnu-
ance of such half pay, during the following terms
and limitations, viz. To such widows during life
and to such child or children where there is no
widow, whilst under the age of Is years TO COM
mence from the expiration OF the half pay provided
for by the first section of the entitled An act to
continue half pay TO certain widows and orphans
approved Feb. 3, 1853: Provided, however That in |
case of the marriage or death of any such widow, |
the half pay shall go to the child or children of the
deceased officer soldier, whilst under the age of
l6 years; and in like manner, the child children
of such deceased officer soldier when there 10
widow, shall be paid no longer than while there
are children n child under the age aforesaid:
And provided further That the half pay of such
widow and orphans shall be half the monthly pay
clans and privates of the infantry of the Regular
Army of the United States, aud no more and that
no greater shall be aliowe ed to any such widow
minor children than the half pay of lieutenant
Colonel And provided also. That this act shall not
be construed to apply to embrace the case of any