Western Sun & General Advertiser, Volume 23, Number 23, Vincennes, Knox County, 14 July 1832 — Page 2
other ray than by a resort to the slow j would have included nil tho ofiiror ofl Four general clashes of cases arc cm process of an tppcal to the Judicial ; tho !mr and Mnirofthc revol jtionarvairnw i braced in this law :
power of the country, lie contends that I allude to this suhject here, that the a charter being once granted to the Bank ' reasons of the difference in the constniehy Congress, to exercise certain powers, ;tim put by tlii' department upon the net
1 . The regular troops. '2. The Stale troops, militia, and volunteers. I). Persons employed in the naval
service.
the manner in which those powers shall jof 1M8, niul that whirl), it appears to be exercised is placed beyond legislative jmo, should Lc put upon tht set of the'preconlrol, that any attempt to investigate Lent session of Congress, entitled "An
Hairs have oecn ; at:t supplementary to iw ;icl tor tin; relief i As rolls of tin; regular troops in the re- L iolation of the I of certain surviving officers and soldiers volutionary war exist in this department, by i whose business :of the revtdulioD,1 iiiav be apparent. The all persons claiming the benefit of ihis.w.lu
I. Indian spies.
the manner in which its affairs have been
conducted, is not only a v rf ttm .1.1 1. .
v.. . inuiMuiiais wnose misincss -nt he revolution, mav Do annarent. ic all ncr
with the Hank may be brought under re- 1 benefit of the latter act is extended to low as officers, non-commissioned officers'.
icw, uuns aiso a violation ot the rights (each of the surviving ofiVeas, vc who , musicians, or privates, will, in the first
,yu 10 me oaniw ny us charter; and he 'shall have -served in the continental line ; instance, make application bv transmit-
plainly declares it as his opinion that the
courts only have the right to correct ex
lsiinp abuses, end that, of course, can j construction, limiting its operations. It only be in cases in which the partitu- . js, therefore ins opinion, that all tho offihrs of the cases can he laid before them. iccrs, u bother of the line or staff, of eveIt this doctrine be admitted to be cor-i rv description, are embraced in this prorcct, it needs no great degree of labour, viMon. think, to satisfy the mind of any rca-j Witli resncrt to the evidence which sonable man, that great caution, at least, Should be required of the applicants, there should be exercised, in granting a char. j;s R inam-fCst flifCirciice between tho ir-s.-ter. 10 anr Jtitut.on possessing such ; lar troops and the militia. Of the termer, weiRht of influence as the language of jthcrJ arc ro, in hh o- nyre or lcs its adrocates wou'd cad us to conclude ! (Vct .md whcro R nnme is is possessed by the Dank. 1 he language , fpnn(, U M otlier testimony is of the president of the Bank, in the cor- jor Lc irtd Vhen the name respondent alluded to. is of similar jnv jis not ll)US foun the presmm)(lon is that port, and leads to the same conclusion, j tSl0 a ,icant did render the service and is much the same as that which is L a .i i r . i j; n , j. t "! slated, and the defect must be supplied bv employed by all the stronrr advocates of 1 .i , rr. , r " . (Other testimony. The certificate of a the institution. . . , -,.. .r , ,
cemmissionen (diiei, u unc euu ue oo-
or fcfate troops, ftluuteers or militia, c. ;tinjj the iohowinj: declaration, which will
..:.!... !... !i 3. t.r. . l .i
wniHHii ,ui viiinso necessaruv, or ov oe muuu ocioio a couri ot rccorti oi mo
It is worthy of remark, and of especial consideration, that this doctrine is boldly advanced, and strenuously contended for at the very lime when an application is before Congress for a renewal of the charter of the Bank. Such is the immense and uncontrolled power which it is alleged is possessed by the
tained, is required. Hut if it cannot, then the corroborating statements of two credible witnesses must be produced. Not tint these witnesses should both certify from their personal knowledge to the actual service of the applicant, but that they should, by direct or indirect circumstantial evidence,, confirm the account
7i . i. t . i .: ... i i
jjauN, a iui; wciy nine vutjj an aryiicu ( . , , . ... ., ... .
tion is made to Conr-ress to renew the - . , , ' , . ... , f cr. i regulated the department heretofore, ami charter, to cue, for fifteen years more, ! 1 ' , , . the same immense and uncontrolled ; ,hc' to to b? in reason power. Let any man ask himself the an1 1i,sUce' V h,,;ve;'t5r' "I1 :. ;r : 'arc known to be imperfect, considerable question, ana answer n it he can, in a i , . ... , , manner satisfactory to his own mind, f T,axat,on shwu,d bc and, under such things be done in the Krcen tree, j hf U'cumstanccs, and as the diihculty whatwiil be done in the dry?- ;ot P""nns testimony gradually increas-
The subject is one which demands the " u '-'"!' -
rounty where such applicant reiles. And every court having by law a seal and clerk is considered a court of record.
Declaration, in oitlrr to obtain the ben eft of the art of Congress of the llh of June, InIVJ.
N , perbefore , now in the
State, Territory, or District of County of On thi day cf appeared before the ;he
SS.
most deliberate reflection, and the most
calm consideration. It should be placed immediately before the people, that they in?y be enabled to decide upon it for themselves, before the extensive power and influence which is now possessed by the Bank be renewed by a new charter. This has not yet been done. The men now in Congress have not been chosen vith a view to this question, except so far as the influence of the Bank has been exercised for tho purpose of securing the election of its friends, without re
gard to the opinions or v. islns of the people generally upon the subject
ture of the circumstances required to be shown. The case of militia service is, however, different. There are no rolls of the mili-
Itia in this department, except those of the
State of ,ew Hampshire. There can, therefore, arise no presumption against the applicant, to be met by stronger evi-
jocnee than, under other circumstances
would be required; and time basso reduced the number of those veterans, and of tho witnesses of their services and their sufferings, that to demand of them posi
tive proof independently of their own
There is, therefore, abundant reason for statements, would be to deprive many of tinctnnninoi ihp.UrUlrn of iu nnilnn i them of tho benefit of the act. jlv im-
until the popular will in regard to it may
be known, by placing the matter before the people for the expression of their sentiments upon the subject at the elec lions to be made. There is no immediate necessity for deciding the question at present, and reason 9nd justice loudly demand a little delay. If the views which are expressed by the advocates of the Bank are to bc regarded as correct, we should say dccixledly that the chartering of a ne Bank, 'which could perlorm all the useful pur-
prcssion is, that the applicant should produce the best ex idence in bis power, if he has no living nor documentary evidence of his services, he should transmit as detailed a statement, under oath, as he
Jean prepare, show ing the time, place, and
manner ot Ins employment, the corps to which he belonged, and such otlier circumstances connected with the suljct, as he may be able to recollect, and as will serve to guide an examining officer in his investigation of the justice of his claim.
To this should be added the certificate,
, personally
of
. A B, a
resident of jn the county of , and State, Territory, or District of "aed years, who being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed June 7, That he enlisted in the army of the United States in the year , with , and served in the regi
ment of the line, under the following named officers: Here set forth the names and rank of th field and company officers; the time
he left the service; (and if he. served under more than one term of enlistment, ho
must specify the particular period, and!
rank and names of his officers;) ihe town, county, and State in which he resided
will bc required to prv.nre the same proof as is trosoriboJ fur thse v.-ho served upon the continental establishment. But, wi'h rcspcrt to tire other State troop and militia, then; is no record to advert to, and no presumption to be rebutted. The nature of the case, thcreforo, demands a different rule of orcocJin7.
very applicant who claims a pension
virtue of service in the State troops,
provided, will make and subscribe the following declaration: Declaration in order to obtain the brprft of the act of Congress, passed Jimel,
St.itc, Territory, or District of County of On this day of sonally appeared in open court, the eo'irt of sitting, A B, a resident of
county of , and Slate, Territo
r , or district of aged years, who first being uuly sworn according to
law, doih,on his oath, mak the following
declaration, in order to obtain the benefit of tho act of Congress passed June 7.1so"i. That he entered the service of the United States under the following named officers, and served as herein stated. Here set forth the nam s and rank of the field and company officers; the day (if possible,) and the mouh and year when the claimant entered the service, and the time when he left the same; and.
if under more than one engagement, be must specify the particular periods, and the rank and names of his officers; the town, country, or State in which he resided, when he entered the service; whether he was drafted, was a voluner. or a substitute; the battles, if any, in which he was engaged; the country thro1 whi'-h he marched; the continental regiments or companies with which he served; and the names of some of the regular cUkcis
' w hom he knew, together with such further
Thi court will propound th frlhswin-intorrfv-atufles to nil appli-nnN for a per. sion en account of service in the miiiii.i. State Sir..,;,?, or volunteers. eccpf the militia of ,Ww Hampshire atid the S;attroops of Virginia. 1. Where, atid in v.Int year y.crc you born ? Have you any record of your age; and if so, where U it?
3 Vt'here were yoi li ing whrn rnllod into service; where hae voti lived since the revolutionary war, and wh -rc do you
! now live?
1. How were you called in'o service were you drafted, did you volunteer. owere von a substitute? And if a substitute, for whom ? 5. State the names of some r f the re
gular officers who were wrh ffie trop
when he entered the service; the battles,! uirticillarsi :ls j,c usefu in llie inves
poses for which it was created, would be i under oath, of at least two respectable
far preferable to renewing the charter of persons, whose characters can be estaIhe old one, which would enable it, by jblished at the department, stating the gethe accumulation of power end inCu-1 nornl impressions of the neighbourhood ence, in addition to w hat its fiiends now j w here the applicant resides, or has resiallcgf that it possesses, to put all law ' ded, that be was engaged in the revoluond authority at defiance: and to control tionary war. 1 imagine there are few or
the elections and overrule the government cgreeably to its own will. At all events, the bill should not, and wc hope "will not pass into a law at the present f ession of Congress.
LETTER FROM THE SECRETARY OF WAR, &o. In relation to the execution of the 4Aot
supplementary to the act for the relief of 'tne
certain surviving oiucers auu soldiers ot the revolution.'"
none of the survivors whose claims to this character are not recognized in the vicinity w here, they live. This traditionary evidence, in the absence cf other proof, will corroborate the statement of the honest applicant, and cheek the attempts of those who are dishonest; and it appears to ine to bc as far as it w ill be safe to go. These arc my impressions, hastily
written, in answer to your letter. I have
if any, in which he was engaged, and the
country through which he inarched. He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the pension roll of any agency in any State, or (if any,) ,nly on that of the agency in the State of Sworn to, and subscribed, the day and year aforesaid. A B. And then will follow the certificate of the court : And the said court do hereby declare their opinion that the abovemenf ioned applicant was a revolutionary soldier, ana served as he states. I, of the court of , do hereby certify that the foregoing contains the original proceedings of the said court in the mutter of the application of for a pension. In testimony whereof, I have; hereunto set my hand and seal of office, this dav of &c.
If, on examination of the proper record, the names of applicants, making such declaration cannot be found, they will receive detailed instructions respecting the nature and form of the testimony thev must produce to secure their being placed on the pension roll. As th presumption w ill, in such cases, be against the appli
cants, in consequence of the omission of
their names in the muster rolls, they will be required to furnish, as near as may be, the same evidence as has been heretofore required by the regulations and practice adopted for carrying into effect the act of
Congress of March 18, ISIS, and theacls supplementary thereto; with such relaxa
tions r,s have been, from time to time, sanctioned by the department, on account of the rapid decrease of the survivors of the revolutionary army, and the consequent difficulty of procuring direct positive testimony in every case Wherever an officer or non-commissioned officer is now in the receipt of a pension, he should make application, if enti
tied to the benefits of this act, by letter
ligation of bis claim; ami, also, if th
facts be so, that he has no documentary evidence, and that ho knows of no person, whose testimony he can procure, who can testify fo his service. He hereby relinquishes every claim whatever to a pension or annuity except the present, .Mid declares that his iibinu is
not on the pension roll of the agency of j
any State, or if any, only on that cf the agency of ihe S:-Ue of Sworn to, and subscribed, the day and year aforesaid. C i). And then will be annexed the follow ing certificate : We, A B, a clergyman, residing in the , arid C I), residing in the same, hereby certify, tiiat we arc well acquainted with , who has subscribed and sworn to the above declaration: that vu believe him to bo, years of age; that he is reputed arid believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion. Sworn, and subscribed, the day and year aforesaid. And then will follow the certificate of the court : And tho said court do hereby declare their opinion, after the investigation of the matter, and afier putting the interrogatories p -escribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states. And tho court further certifies, that it appears to them that A B, who
1 has signed the preceding certificate, is a it - i . i
clergyman, icsiuent in trie , and is a credible person, and that their statement is entitled to credit.
I , clerk of the court of
, do hereby certify that tho foregoing contains the original prrceedings of the said court in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this
whcr; you crved : such ronli; ental an-
militia regiments as you can lerollcc. and the general circumstances of vour ter? ice.
(To a ZcbVcr. Did von ever re
ceive a discharge from the service; and, if so. by whom was it
0. j given, and what has become.
of it 7 To en C freer. Did voir ever receivc a commi.-io. ; and, if jc. by whom w is it signed, and wha: become of it?
7. State the m:mes f persons t v Iio'h vo;r are known in your or r: ;!: rhood, and who can to.'ifv as ' yo.ir ' h i meter for veracity, and their lo'ief f your services as a soldier of the sci.ition. The court w ill see that tb h.kv. m t these questions are embodied in 'he declaration, and thev Hie requ' t o to ?m:o.v their opinions f '.he t.uoi cf the statement of the applicant. The applicant wid fr.rd-er pr-oucr in court, if the saino can be done, in tho opinion of th; coMrt, without fj nr h !i expense and iuconvMiicnoo to him. tv respectable pcr-'ons one of wh- m boo M to tie: nearest elirgvmnn, if one lives i;i the immediate vicinity of such ;ppliant, who can testify, from hcir ncq i.-.inTr re wish him, that ihvy beliio lie is of th age be represents, .-'nd that h i- ropuw d and believed i ri the. m-ig'oborb.oo'! to have been a revolutionary soldier. and t;:-;t they concur in that opinion. If ore of these persons is a olergv niao, :c court will so certify, and they wiil also cerfifv to llij character and standing cf other persons giving such certificates. The traditionary evidence of service is deemed very imp. -rant in thr- rl serine of any direct proof except '.be d vlar iticn of the partv. And th' cour's fire rcuw?-!od
T r i rtnn
, i i ''7 i i . 'tco aree. that they pursue a just J.-aul on the tab e, and ordered that one r i JT i V . , i, .' ""icdiuin between a latitialinous construc-
uiuu.iiiu ioiomonni copies no print-
. , . . . . ri " i nierciv , seiuug iorwi ins raiiK, iiun iiiu retortified ly the omnion ot Mr. Edwards. v i - i .
!. . . 1 , . : . , 1 giment, corps or vessel, in wnicn ne ser- ; ru v. hose experience and lud'j-ment I place e i i u- i r - i ... 1 4 , .,.,-, 1 ved, and his present place of residence. irionl rf linoI A I nommif 7 '
i: i v n i i v. iiauv v . 1 1 1 1 1 1 1 tv uir: i.u 11 1 1 1 1 tt .
sion certineate must accompany
cd for the use of the Senate.
Wat. Dr.rARTMrxT,? June lo. IS.TJ. SIR- In answer to your letter of this
j tion, which would throw the doors of the
AivuMoy ujiun in an w no are wining 10 fabricate documents which would insure them the benefit of this act, and such a rigid administration as would render nu-
pen
his letter
In those cases where the applicants
day of
Jco.
The form of the proceedings, and of
the certificates, will be so varied as to meet the case, when the declaration is
made out of :ourt, before a judge, as'
hereafter provided for.
Every applicant will produce the best
ifrM"- tto 'umidriint I rov triune -C tln Ion-
elate. I have the honor to obsorvo, that the - , tllrt iwwl,..L un c-
?ct of Congress of Iarci) IS, ISIS, enti
tied "An act to provide for persons enga-j god in the land and naval service of the !
v nun oui 1? hi list 1 1 - ui u 111 iiki r sar. il f 'u n , . . , . 1 tu, cjulirman 0f the Committee on Pensions
iiiiun; 'uijimuii nil jM.n.iii L'piMl lilt JCI1ion roll all rornmissioned otlicers, noncommissioned otficers, musicians, and priyatc soldiers, and all officers in the hospital and medical staff, who served in the war of tho revolution. The construction
Very respectfully, vourob't servt, LEWIS CASS. Hon. S.oirr:!. A. Foor,
in the Semite
1 . 1 .1 :..n 1 ' ri
nae once teen on me pension rou, unoer, (K)f n his er Tis i9 t)e oriin;
the act ot march, J, 11, and have , disIt.h.irp0 or commission: but if neither been dropped therefrom on account ,f these can be obtained, the partv will
property, or lorans oiner reason, or w nero ; so t , nnder oath, and w ill thon nroenro.
1 -7
application has been made under the act
of May 15th, lS'S, and the evidence of
service is in the department?; or, having , p(rsonal hu Jede made application and proot ot servu.e. , ,p.,lieanf, and su
.given to this clause by this department was. that the specific enumeration cf "of
ficers of the hospital and
excluded from tho
medical stafiV
benefit of the act al
if possible, tho testimony of at feast one credible witness, stating, in detail, his
e of the serv ices of the
irh rin-uriKfnn.'e-j rnn.
and having been rejected instead f the j nocle-l the rewith as mav have a tendency
above declaration, they will make a state- tothrmv illht u on the 'trans lation, merit, -ott.ug forth, under oath, nW hnv- ,f Sllrvivin,r uitM, capnot ,,e mg been previously on the pension roll, f(,(ind, th-appli-ant'wi!l so state in his and their having been struck from the j ilrc)aratiotN nntj lu. w iM ajso u hether j,e same, shewing their rank, the re jiment, ! nrMi11PO u.h PVidenee or iMt. nn.ree.f t
eiiriKi ir v in v lili'li thi" eri'-il ! . i- .
, v. v.. ... ... ... reiatc all m;itcriai iacts wuicti can he tlie.r present place of residence, and their uscfu, in tho illvcstLratiou of his claim, place ot residence w hen the hrst apPl.ca-inn,, in Um, Curnp:iri.ua of his narrative tion was made, or of their application un-j wi.h th(. CVCiltK 0f l!l0 perj0d f(f h:s allsder the act ot loth May, 1n1. , sprviri, ns tiK. nrf, LIll)Wn -t the Hm.
. ? -! ... ,
in ;t case wnere a ciainiani n;i mane
other cfiicers of the stall not h.ddin- comTUtss'on in the line of the army, lhv inse
1 n.'iH mnnt A vrrv t:ill nffui'nl nf th.
peisonal application at this department, ' 'r rnr:. , .. ;,, 1 :.
.....1 .. 1 . t . 1" ' .
uilll Cilll IiriMIUte MlllMvll. l"l V l'Ilt'1
Dr.r vRTrir.xT of War. Pension Oftce, June 'J7, 12.
The following regulations have been adopted by the Seorttary of War tor carrying into effect the act of Congress passed June 7, ISri-J, entitled "An act supplementary to 'An act for the relief of the suniving officers and soldiers of the revolution.''
if tho Words "all COmmisvio-nrd .lleerv " ; This law ba5 I.Pen onrtreed to extend
vVc. C.Xtend tO the whole Staff ef the, ,,. !nC v.oll to the lino t-, hr:,.,eh f
there was 110 necessity to insvt a parficiilar provision for airy branch of the staff And 3i:ch a prois;on. when insetted iNould j'bnicc only the particubir clas descriU d. t Mi cas of the lire only, u ,v therefore, sopited to be included in the .1.. 1. t 1
...iu,, on. 11 is. nowover, eicir to phued with the armv upon
, A uiiiuiiKvu mi 1 am- iract- such as clerks to
cuiar numerating clause, the general and to store -keener . vVe. teamster, boat-Untoi of Virginia, and applicants, w ho ' the declarations above provided, ac m rd
x. j " ' "1 viJLiuiiiuiivu uiutcrsj ( men, Okie.
to be very particular in iiup:irv wi.etlior the belief is general, and whether any doubts h:,vc ever exisio:l rpon rln subject. To requiix? from the applior.nv positive prof of service from a cor, temporary survivor, would, after so many years, be to deprive many of ther.i from the benefit of the law. And as no presumption is raised agamst tho mili-ia bv the existence of rolls in the department, fhere is no good reason whv this requisition should be extended tothern. On thy other hand, to receive tho declaration of the parties, as a sufficient ground fr placing them ujKn the pension roll, without corroborating circumstances, would be to open the Treasury to great fraudr. A just medium seems to present the best rule for carrying into effect the objects of Congress. If the two persons whore certificate is required, cannot be prbiccd in court, without too much inconvenience and expense to the applicant, then the statement of the facts and opinions abovoniontir.nd will be made under oath before some judge or justice of the peace, and the certificate of the court to the situation and credibility of the persons making the statement will be given. Applicants unat.de to apperr in court bv reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a judge or justice of a court of record ot' ihe prop : county; and the judge or justice will execute the duties which the court is here
in requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the court. Whenever any official act is rcTutred 1 to le done by a judge or justice of a. court of record, or by a justico of the peace, tho certificate of the Secretary of StVe, or Territory, or of the proper clerk of the court or county, under bis seal of office, w ill be annexed, stating that such person is a j-;dge or justice of a court o' record, or a justice, of the peace, and that the signature annexed is his genuine signature. 3. Persons serving in the marine force. 4. Indian spies. Each of thesa two latter elates of ci ses will produce proof, as nearly as m iv be, conformably to th j precediNg regulations, and authenticated in a similar manner, with such ariatieiis as ihe did! rent nature of the service may require.
AO pavrnents can 00 mane on account.
able to 3 favorable acticn upon his ease. 'of the service of any person who unv
son ice, and ot his :aemii .110 ai tnc;Th.. fR..s stdtej wil arjra olv. cf the 1 have died before tha taking eff-ct -f th
en 01 vjovernment, ne ma mai;e rus ; f,,ir;M.,i mMn f rr.rn.i.nrStm.r ili .!-. nt T.,m7 ls:f. -m i ..w. ..r t.
the stair of the armv. and to include un- j declaration before a justice, of the peace. r.irlIjou 0f the applicant, if tnu, or of I subsequent theret-Cend U f r i the d.vla
iler the terms "continental limy1 ''S'ate
2. The cas of tlic State troops, volun
triKW "militin, and "volunti41 all :t,0,s ;ui1 militia, is different. there are
...... 1 ' ... ti.. .1 ......... . . . .... ,
toars. evceiu rhexe of V
. 1
detecting the imposition, if one bo at-1 ration herein required i made, lie o.irn-s
11 t . . t
person enlisted, dralied, or volunteered, ; 1,1 "oparimtni no rn.l3 01 me aiate v aiu c!o:irj v M:l rlj , r;Uorabie' thev can procure, taken
and who were bound to military service.
llljt lit lK."Cf U l.ll U'IM'.l 1 kl't t . I !
civil cou-
sncn as clerks 10 coiniuissaries
irguua
ami
tempted; and untess. therefire, those are , interested will transmit such ci id.vice :s
lid UUillMJi 1M -
" decision ran leev'Ctod- All :i!e)!i.':io's 1 le ! fit-fore a co in .f .vim! li tv. i,i r r'..
...Ho .r ,1 .1:.:, ..v..-...t ti.... .. ..c v ... 1 ' ' . i ... - , -r
....... 1 1 fi 1.-1 in iiiiiiiiiiii.i r t.iiLiiii-i-:iii ii 1 a . - i .i
o occasioiuKiv ei:i-1 ; -? r- : wi a ocar neiore ome courl ol recorii i services 01 11.' ct:ceas . t!e r -n.i t
Hampshire. in the countv m which thev reside, and I his death, tho c-piaion of the iwi-hh.u--
& 1 1 1 . 1 .- . it ii 11 1
ippii'-aut, who servcu in the btate there sui.scnoe ami i.e sworn to, one 01 1 hovi rcp'oiuig mh.u service?.
tin' e!:iim:ifO 'iMit ll,iiniim .-T .. ,
j served 111 tho militKi ot Aew Hampshire, ing to tho nature of I n cas;.
t:b-
ot
r
; u:to:
l tl
1 : w
n-ittek