The National tribune., 1905-11-30


! PENSION DECISIONS.
Marriage-AIississipp
Miscegenation.
i Claimant (colored) and soldier
(whfte) commenced to cOhabit under
the semblance OF marriage In 1868 OF
1854. In Mississippi, where they resided
about year, afterward removing tc
Louisiana, where the soldier died iT
| 1895. A ceremonial marriage was at.
tempted in Louisiana Immediately prior
to soldiers death, but a common-law
marriage from the inception Of their
relations is. alleged.
Held: Cd Miscegenation, prior to the
adoption OF the Constitution OF 1863
was prohibited in Mississippi, as it is
now. (Code, 1892, sec. 1853; Code
1880, sec. 1147) But notwithstanding
this prohibition, blacks and whites who
were cohabiting matrimonially at the
time of the adoption of the Constitu-
ton of 1869 were within the operation
of Chapter XII. article % Of said Con
stitutfon. Claimant and soldier. how
ever. were not domiciled in Mississippi
a. the time of the adoption Of said Con
stitution.
| CD Miscegenation is, and has been
prohibited in the State Of Louisiana
ception that the Revised Statutes OF
1870 provides for the legitimation OF
such marriage If the parties within two
years make declaration before a notary
accepting the benefit of the act. There
| being no evidence showing compliance
with this statute, claimant and soldier
| could not have become lawfully mar
ried in Louisiana, where the right to
| pension accrued. And by article 81 OF
the acts Of 1894 marriages between
| blacks and whites were absolutely pro-
hibited. &C. c., art. s4) "a. 1913
'O5.
Jurisdiction - Payment Of Pension -
Guardians-Imbecile- Of July g.
1ss2-LegaI Observation-Disclosures.
The word may in the clause "but
the payment to persons laboring under
legal disabilities may be made to the
| guardians of such persons in the man
ner herein prescribed" contained In the
act of July 8, 1870 has the force OF
SHALL" Said act confers no discretion
on the Commissioner of Pensions to pay
| pensions hereunder to other than the
legally appointed guardians Of said per-
| sons.
| Legal disabilities" within the mean
| ing of said act, are those imposed by
the laws of the several States; and the
right of each State to fix the domestic
status of it's citizens is unquestioned
| When, therefore, it is properly evil
denced that pensioner is under legal
| disability, imposed by the laws Of the
State Of his domicile, it Is the legal dis
ability mentioned in said act, and the
fact Of his incapacity will not be re-
viewed by this Department.
Such legal disability continues until
such time as it is removed by court
| having jurisdiction Of the cause and
over his person. IS. 10-13-'05.
service-District Of Columbia National
The claimant, who was q member OF
| the District Of Columbia National
Guard, was not in the military service
of the United States, and therefore has
no title to pension by reason of dis
| said organization. Sc. 10-23-'05.
Desertion - Discharge - Honorable Dis
charge-Bounty-Join Resolution Of
July I, 10O2-Service-Act Of June n,
1890. sq,afagr
Claimant deserted from his first en-
listment in the United States Army Gum
der which enlistment he would have
been entitled to 500 bounty, and sub
scQuently enlisted In the United States
Navy. He received, by reason Of his
| said last enlistment, from the town OF
Perrysburg, n. Y, $425, and from Cat
therefore received by reason OF his said
| last enlistment bounty or gratuity other
| than from the United States in excess
of that to which he would have been
| entitled II he had continued to serve
faithfully until honorably discharged
4 4 - IL
| entered into by him, which places him
outside the class of soldiers and sailors
benefited by the joint resolution Of July
| /. 1902, and he is not pensionable up-
der the act Of June q, 1890. 81. 10
1906.
Honorable Discharge - Discharge-War
With Mexico-Regular Army-Ser-
| vice.
| Those Of the Regular Army or Navy
who served in the Mexican war are, for
pensionable purposes, considered as
honorably discharged from said service
when said war was over or when they
were ordered or mustered out Of said
service. Being in the regular estab-
lfshment, their engagement was to
serve wherever they were ordered for
duty; and their engagement to serve
in said war was terminated when they
were taken away from said service by
proper authority.
! Soldier enlisted in the Regular Army
| in 1845, and was discharged In 1850
Said discharge was not an honorable
one. But his service in Mexico during
| the war with that country was honor
able, SO far as the record shows. and II
covered a period Of at least 60 days
He consequently was "honorably dis
charged from that part Of his service
for reasonable purposes. 38. 1870.
'05.
Service-Capt. Murphy's Co. A, LIST Regi-
ment, Mercer's Brigade, New Jersey
National Guards-State Service-MiIi.
| tia.
Capt. Murphy's Co. A, 1st Regiment
New Jersey National Guards, organized
I'm November, 1860, was called into SER
vice April 16. 1861, by order of the Gov.
ernor of said State, for special duty in
guarding the State Arsenal 1t was
never mustered into the Federal ser.
vice. and it formed no part of said
States quota of troops furnished under
lar