Western Sun & General Advertiser, Volume 23, Number 24, Vincennes, Knox County, 21 July 1832 — Page 2

tlon. They claimed the power, seems, merely to divest themselves of it. Wc expected that Mr. Wicklifle would have proposed the amendment which he suggested in his speech last year at Louisville, after the August election. lie had been hard pressed in his election by Mr. Thruston, whose vo tcrs polled with the Bank badges on their hats. Mr. Wicklifle, however, succeeded, thro professions of devotion to the President, and he then said, that when the Bank charter came up he would submit a proviso that the bank should NEVER BE A CANDIDATE FOR CONGRESS Mr. Wicklifle has, nevertheless, swallowed the Bank unconditionally, unless, perhaps, there should be some private understanding that he is himself hereafter to be the Bank's candidate fqr Con res. LE mil "FROM T 1 1 E SECR ET All Y OF WAK, &c. In relation to the execution of the "Act supplementary to the act tor the relief of certain surviving officers and soldiers of the revolution.'"

June 'J.", 1SP2. Laid on the table, und onlered that one thousand additional copies be printed for the use of the Senate. War Department, June 15, lS.'J'J. SIR: In answer to your letter of this date, I have the honor to observe, that the act of Congress of March 18, 1818. entitled "An act to provide for persons engaged in the land and naval service of the United States in the revolutionary var,v made provision for placing upon the pension roll all commissioned otlicers, noncommissioned officers, musicians, and private soldiers, and alt otlicers in the hospital and medical staff, who served in the war of the revolution. The construction given to this clause by this department was, mat tne specine, euumera. on oi -j .1 . 1 i -. . i liters oi me nospiuu miu muutiu muu, excluded from the benefit of the act all other officers of the staff not holding commission in the line of the army. Because, if the words "all commissioned oficers,,'' &.C. extend to the whole stall of the army, there was no necessity to insert a particular provision for any branch of the stall. Ami such a provision, when inserted, -would embrace only the particular class described. Officers of the line only, were, therefore, supposed to be included in the first description. It is, however, clear to me, that, had the law contained no particular enumerating clause, the general provision, "all commissioned officers,'1 would have included all the oificcrs of the line aud staff of the revolutionary army. I allude to this subject here, that the reasons of the difference in the construction put bv this department upon the act of 1818, and that which, it appears to me, should be put upon the act of the present session of Congress, entitled "An act supplementary to an act for the relief -of certain surviving oificcrs and soldiers of the revolution,"' may be apparent. The benefit of the latter act is extended to each of the surviving officers, Scc. who shall have served in the continental line o State troops, volunteers or militia, &C. without any clause necessarily, or byconstruction, limiting its operations. It is, therefore my opinion, that all the officers, whether of the line or staff, of everv description, are embraced in this provision. With respect to the evidence which should be required of the applicants, there is a manifest difference between the regular troops and the militia. Of the tormer, there are rolls in this office, more or less perfect, and where a person's name is lounu upon tuem, no other testimony is or should be required. When the name is not thus found, the presumption is, that the applicant din not render the service ?tated , and the detect must be supplied by other testimony. The certificate of a commissioner eluccr, if one can be obtained y 1 .7 ll'llll-ia 1U 11 11 VUllllV'l J i c von 1 1 1 t o?d. hut it it cannot. then the corroborating statements of two credible witnesses mut be produced. Not that these witnesses should both certify from their personal know ledge to the actual service of the applicant, but that they should, by direct or indirect circumstantial evidence, confirm the account gien by himself. These principles have regulated the department heretofore, and thev appear to me to be founded in reason and justice. When, however, the rolls are known to be imperfect, considerable jelaxation should be allowed: and. under these circumstances, and as the diiiicultv i procuring testimony gradually increases, the regulations have recently been relaxed, particularly w ith respect tothenanro .a ,..: I . l . v . iii' s . 1 " i t iiiint'ii i 1 in . v -i-... v. ..n' .

-J.1TC' mUl,ia fcrvi:,C 'Ji'rthat of the agency in the Siate of

. ; ; un- uu ons4ii ins.' jinntiaiu this d.onrn ton to . .1 r.r ,... r n- , . U1"v Ul r?taie oi .evv 1 inn ,ir(. Tt,,,,,, Tfi ere ran. A 1 ineiciorc, aihv no ir.-sunnt ... ...... o.i.w.-i the applicant, to be io,t bv stron-er evi - !once than, under other ircarn-tancc-s r-iiiild tio rf'il 1 1 .-i"il mill tii.-... I... . . 1 . 1 w ... . - . s . . . , .Il.lv I,IS V( ) red the number of those veterans - redu - Utl Of l oe w uncus'. s i t uh ii ftnu-vs aiui t no.ri , . 1 sull'-rings. that to demand of th,M v t 1 tive proof unlcp lukuitly ct their ow n ftatcfnun. W OUiil o 1 1 be to deprive manv of Jh uno) th. bonebt ot the act. .Mv mipresv..n H (hat t?,e applicant .!iould prohue the best evidence in hi power. If lie has no living nor documentary ev i1 1 1 .I ti'.nce of his services, he -luuld transmit

as detailed a statement, under rein, as he can prepare, showing the; time, place, and j

mama rot his employment, the corps to he belonged, and such other cirwhicl

cumstanecs connected with the subject, ! must produce to secure their being placed as he may be able to recollect, and as will ; on the pension roll. As the presumption serve to guide an examining officer in his' will, in such cases, be against the appliinvcsligation of the justice of his claim. ' cants, in consequence of the omission of

To this should Le added the certificate, , under oath, of at least two respectable persons, whose characters can be esta-j blished at the department, stating the ge- ; neral impressions ot the neighbourhood ; where tbe applicant resides, or has rest-; ded, that he was engaged in the revolu-! tionary war. 1 imagine there are few or ; none i f the survivors whose claims to ! this character are not recognized in the

vicinity w here thev iive. This traditiona-1 the revolutionary armv, and the consery evidence, in the absence of other proof, quent difficulty of procuring direct posiwill corroborate the statement of the ho-! tive testimony in everv ease nest applicant, and check the attempts of! Whereveran officer or non-commission-thosc who are dishonest; and it appears -ed officer is now in the receipt of a pento me to be as far as it w ill be safe to go. sion, he should make application, if i nti These are my impressions, hastily I tied to the benefits of this act, Ly 1. 'Rewritten, in answer to your letter. I have ; merely, setting forth h;s rank, an I the rethe more confidence in theui, as they aiejgiment, corps or vessd, m which he serfortified by the opinion of Mr. Edwards, I ved, and Ins present place of residence. in w hose experience and judgment 1 place i li is pen-ion certificate must accompany great reliance. And I think the commit- his letter. tee will agree, that they pursue a just In those casGs where the applicants medium between a latitudinous construe- hae once been on the pension roll, under tion, which would throw the doors of the the act of March, ls, lSlH, and have Treasury open to all who are w illing to teen dropped therefrom on account of fabricate documents which would insure ! propel ty, or tin any other reason, or where them the benefit of this act, and such a j application has been made under the act rigid administration as would render nu-j of May 15th, 182S, and the evidence of gatory the beiiilicent provisions of the law. sen ice is iu the departments; or, hav ing

l nave the tionour k be, sir, Yerv respectfully, vourob1t serVt, LEWIS CASS, lion. Samuel A. Foot, Chairman of the Committee on Pensions in the Semite Department of WarJ Pension Office, June t7, 18.32. The. tbllovvitiT iwiih' t ion? b:ivr hpon .if i adontelj hy the Secretary of War for car- - j xo ffcQt u t f Congress passcd June 7, 183v, entitled "An act sup-

plementary to 'An act for the relict of personal application at tins department, the surviving officers and soldiers of the j and can produce satisfactory proof of revolution.'" j service, and of his identity also, at the This law has been construed to extend i seat of Government, he may make his as well to the line as to every branch of declaration before a justice of the peace, the staff of the army, and to include un- 2. The case of the State troops, volund.er the terms "continental line," "State tcxrs and militia, is dillerent. Tir-re arctroops," "militia," and "volunteers'" all! in the department of h State persons enlisted, drafted, er volunteered, j troops, except thos-.' of Y: li " ' ; aud no and w ho were bound to military service, ! rolls of tho ui.ti'ia. ejicet tos. of JNewbut not those who were occasionallv em-i Hampshire. ployed with the army upon civil con- Applicants, who served in the State tract?, such as clerks to commissaries troops of Virginia, and applicants, wh

anu to store-Keepers, ec. teamsters, uoai-, men, ccc. Four general classes of cases are embraced iu this law : 1. The regular troops. 2. The State troops, militia, and volunteers. 3. Persons employed in the naval service. 4. Indian snies. as ions ci me regular troops tn tne re- j volutionary war exist in this department, j all persons claiming the benefit of this j law as oificcrs, non-commiioncd officers, j musicians, or privates, w ill, in the first j instance, make application by transmit-! ting the following declaration, which will be made before a court of record of the ; All. 1.1. .? . county wnere sucn applicant rei'Hs And every court having by law a seal and clerk is considered a court of record. Declaration, in order to oi'tain the bene ft of the act of Congress of the 1th of State, Territory, or District of County of On this dav of appeared before the ss , personally Lj.0 01 ! , A B, a in the county of! rPlLent 0f

, and State, Territory, er , ted States under the following named otliDistriet of , aged j ccrs and s?rved as herein stated. years, who being first duly sworn, j ncrc set for;h ,p)0 nam-s and rank of according to law, doth, on his oath, make j tie f,cd and company officers: the dav the following declaration, in order to oh-' jf osible aud the" month and year

tain the heneht ot the provisioiynado hy ! the act of Congress passed June 7, lS.'iJ. j That he enlisted in the army of the Uni-J ted States in the year , with j , and served in the regi-i mnt of the line, under the j fol lowing named officers: ! llere set forth the names and rank of j the field and company officers; the time ; he lefi the service; (and if he served un".11 . . lai dcr more than one term of enlistment, he must specify the particular period, and rank and names of his officers the town J county, and fetate-in w inch he resided ; ed the service: the battles' w hen he enterc ,1 any, in which he was engaged, and the country tnrougn wmcu ue inarcueo.j : He hereby relinquishes every claim1 : whatever to a pension or an annuity, ex- . t . 1 7 . - .. . 1 r r!11 I II f nVMMl - . I llll I IL Ut III 1 V. 5 t till I II I , . . - .,. - name is mu 011 uie pviiMwu nm vi mn ; aencv in anv State, or (if anv.') only on agency 1:1 tne Mate ot o, and subscribed, the day and ;aid. A B. u w ill follow the certificate of tv,vern t ' vearatorcs; " . 1 .. . A. ' - - - - - uie court: ' A,,l iJ ,,ld ,nrt d., borobv declare! i xwir opinion th At the aboveiueutioncd ap- ! plicant was a revolutionary soldier, and; ' ... .....! It '!ltpj I I Sl - . ( I , tl.o !, nrut- .1 ti,..V ,:MT r.nl ..:... .1... "...Lrln-.i .ir.w o...l,.o . r tl.o wi.l , .i... ,,lf.tr (1r tt. ..,..;....?.... ,t r .. 11. r ;i iif.?iw..... ' 1 iii'.ii. lu tcti,r,onv whereof, I have hereunto set my hand a'nd nuil of'odlce this a.,. 1 t... ' ! If. on examination of t!ie proper record

-the names of applicants, making such doduration cannot be found, they will re-1

jccivc detailed instructions respecting the nature and form of the testimony "thov their names in the muter rolls, they will be required to furnish, as near as mav be, the same evidence as ha been heretofore required by the regulations and practice adopted lor carrying into edoct the act ol Congress ot .Marc h 18, 1?1N, and thcae.s supplementary thereto; w ith such rcla.xa-j tions as have been, from time to time, sanctioned by the department, on account I id the rapid decrease of the survivors of! made application and proof of service, and having been rejected, instead of the above declaration, they will make a statement, setting forth, under oath, their having been previously on the pension roll, and their having been struck from the same, shewing their rank, the regiment, corps, or ves-el in which they served, their present place of residence, and their place of residence when the first application was made, or of their application under the act of 15th May, S;2. Iu a case where a claimant may imd.e served jn ,Jie n,iii,ia of Now lbit.Hhire. will be required to produce the same proof as is prescribed for those who served upon the continental establishment. But. with respect to the other State tr ps and militia, there is no record toad.crt to, and no presumption to be rebutted. The nature of the case, therefore, demands a diiTcrent Title of proceeding. Evetv applicant who claims a putision .11 I i.v virtue of service in the State troops, volunteers, or militia, except as is above provided, w iil make and subscribe the following declaration: IhchtnUion, in order to obtain the lenefit of the act of Congees, pasted. June 7, 1S3"2. State. Territory, or District of .) County of ss. On this day of , per sonally appeared in open court, before the court of , nowsitting, A 13, a resident of in the county of rv, or District of and State, Territo- , aged years. who first being duly sworn according to law. doth, on his oath, make the follow iiv declaration, m order to obtain the beneht 0f the act of Congress passed June 7,lSo2. Tjint he entered the service of the Uni- ' when the claimant entered the service, aud tle tjmc u jien 10 jeft tjie same. "an(? if under more than one engagement, he must specify the particular periods, and tnc ranfc and names of his officers; the tmvnj country, or State in which he resided, when he entered the service; whe,iier b0 was drafted, was a volunteer, or a substitute; the battles, if anv, in which tlf ,v:i nnmrrPfb tbn muntrv" thro1 uhb-h he marched jthe continental' regiments or I romnanies with which he served: and the rS c t i,r nv whom hc Uncw , together w ith such further n:ir?- ,.,,., ns tnv ,lP ..c.., iu t):n :I1V1. tigatbm of his claim; and, also, if the (acts bc so tjjat lv jKt no documentary evidence, and that he knows of no persnn uj1(JS0 testimony hc can procure, who r.n t 1. ...-......,.. I ;vu ,uu ,.j ; -vv . . . . 0 nercbv relinquishes everv claim 1 hatovrr n ,.i,. or nnnuitv .vt llie present ail(1 declares that his'na.ne the prcsent? dml declares that his name is nol on the p0nsioa ro Qf the agency of anv S..lt! or r,f anv1 onlv oll of ; a2encv of the State of ' Sworn to, and subscribed, the day and year aforesaid. C 1). auu men win ne anae.xeu uie louovv ing 41.1 '.! II

certiticate : j anv direct proof except the declaration of j We. A B, a clergyman, residing in the i th; party. Aad tic? courts are requested! , and v. 1), residing ! to be very particular m the inquiry who-' in the same, hereby certify, that wejther the belief is general, and whether! are well acquainted with , ! anv doubt have vrr existed up.u the', who has subscribed and sworn to tie? ! sal ject. To require from the applicant :

above declaration ; that we believe him to be ears of age ; that he is reputed I and believed, in the neighUif ho,d u hero J lesivle.. to have leen a soldier of the

revolution, and that we edncur iu that) opinion. !

Sworn, and subscril'cd, the day and ; ycar aforesaid. And then will follow the certificate of the court: And the said court do hereby declare their opinion, after trie investigation ot jthe matter, and afier putting the inter gatories pjecribed bv the War Dep; uiterro- j ment, that the above named applicant was ! a revolutionary soldier, and served as he j Utates. And the court further certifies, j that it appears to tuem that A B, v, ho j has signed the preceding certificate is aj clergyman, resident in the .and is a credible person, and that their statemeat is entitled to credit. clerk of the court of , do hereby certifv that the, foregoing contains the original proceed-1 ings ot the a 1 court in the matter cf the application r,f f'or a pension, j Iu testiiiiony whereof, I i:a e hereunto j s?:t my hand and seal of office, this ! day of vv.c. 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 court, before a judge, as hereafter provided for. Every applicant will produce the best proof in his power. This is the original discharge or commission: but if neither of thes-e can be obtained, the party will so state under oatk, and w ill then procure, if possible, the testimony of at least one credible witness, stating, in detail, his personal know ledge of the services of the applicant, and such circumstances connected therewith as mav have a tendency to throw light upon the transaction. It sucn surviving wifnej-s cannct he found, the applicant will so state in his declaration, and he will also, whether he produce such evidence or not, proceed to relate all the material facts which can be useful iii the investigation of his claim, and iu the comparison of his narraiive with the events of the period of his alleged service, as they are known at the department. A very full account of the mtv iocs of each person w ill be indispensable to a favorable action upon his case. The facts statu! will afford one of the principal means of corroborating the declaration of the applicn.., if true, or of detecting the imposition, if one be attempted; and unless, therefore, these aix r.mplv and clearly set forth, no favorable decision can be expected. All applicants will appear before some court of record in the county in which thev reside, aud there subscribe and be sworn to, one of the declarations above provided, according to the nature of his rase. The court will propound the follow ing interrogatories to all applicants tor a pen j "ioil Cil ai-c-,jnt of service in the militia. tafe troops, or volunteers, except the mi litia of New Hampshire and the State troops of Virginia. 1. Where, and in what year were you born ? 2. Have you anv record of your age; and if so, where is h ? i Where were you living when called into service; where have you lived since the revolutionary war, and whure do ou now live? 1. How were 3011 called into service; were you drafted, did ton volunteer, or were you a substitute ? And if a substitute, for whom? ! 5. State the names of some of the regular oificcrs w ho were with the troops where you served ; such continental and militia regiments as von can recollect, and the general circumstances of your service. f 10 a noliiirr. Urn you ever re ceive a discharge from the service; and, if so, by whom was it 0. I given, and what has become ! of it? Jo an Of.iccr. Din you ever receive a nn.'iinii -m ; and, if so, by whom wis it signed, and what become of it ? 7. State the names of persons to w hom you are known in your present neighborhood, and w ho can testify as to your character for veracity, and their belief of your services as a soldier of the revolution. The court will see that the answers to these questions are embodied in the declaration, and thev are requested to annex their opinions of the truth of the state,ncnt of he applicant, The applicant will further produce in court, it the same can be done, in P"on ct he art, without ten, much expense and inconvenience to him, two j resectable perns-one of wom should j ,,ia,t"1 l,lls1"""1' " " 1 1 ' 1,1 j the iediate vicinity of such applicant. uno c:m stitv, trom tlicir acquaintance "nil null, llim nil. I iv.ir.ii. ir- i.-jviviiv. - 1 .1... 1... .1 t HTt no ri r r. wiOHw -irifi urn it' 1 r'Ti"i nr, ,,v- '-i""- 'U"" ' afiU Relieved in the neighborli.MKl to have i fi'-Ct. a revolutionary soldier, and that they i a revolutionary soiuer. anu mat mcy ; concur in that opinion. It one ot those persons is a clergyman, tne court will oj certity, and they will ao certity to the I cnaracter ana Manuing 01 omer pcrsoris 1 . l- i.i giving ne h rort 1 t!f:i !: - l ne irauiuoivirv evicence 01 service i a j . I 1 ..-. I . j ueemeu very unporiaui 111 uie ai.sout e 01; positive proof of scr. i' o fr::n a co!icrn - ! porary survivor, wouh!. after s many I year" b to ih pi i e manv (d them from 'the b-m-f.t of the Jiv. And as no pro

mil it 1.1 . T epartmnnt. there i no good ieason why this requiMI Hon should Le extended to them. On ths j other hand, to receive the declaration rf j the parties, as a sufficient ground for p!iIcing them upon the pension roll, wit out i corroborating drcumstancos. would be to open the treasury to great frauds. A

sumption i raided ngalnt the mi the existence of rolls iu the depn

irt-'mst medium s-orms to nresent the br:-t

rule for carrying into effect the objects f Congress. It the two persons whoe certificate is requited, cannot be produced in court, without to' much incon cnirnre and expense to the applicant, then the statement of the facts and opinions r.bo t mentioned will be made under oath before some judge or justice of the peer, and the certilicate of the court to the situation an credibil ility of the persons Ular.n.g un statement w ill be given. Applicants unable to appr in cent by reason of bodily infirmity, may make th declaration before reouired. ami su. t to the examination, leioie a jui'ge or j tice of a court of record of the pr i'T v will countv: and the mure or i 7 t . execute the duties which th'urt is herein requested to pcrf'-rm, and wi'l i-!so certify that the applicant cannot, l:i :a bodily infirmity, attend the court. Whenever any tlfici al act l? require! to be done by a judge or jut;.-e of ;. court of record, or by a j istice cf ll.o peace, the certificate of the Secretary vC State, er Territory, or of the prper clerk of the couit or county, 'mdor his seal f office, will be annexed, stating that such person is a t.iuge or t jsticc l a court t' ! .veord. or a insiice of the neace. and that thj signature annexed is his genuine signature. V,. Person? serving in the marine Htccs. 4. Indian spies. Kach of these two latter classes of ca ses vi,f prod'ioe proof, as neatly as ni'iv ne, confurmabiy to t!so preteding regulations, and authenticated i i a similar tr.::nuer, with so h variations as the dnu-rent nature of the service m ;y require. No payments can be mailt on account of the services of any person who may have died befoie the taking c llVrt of the act of June 7, and m case of d.Tith subsequent thereto, and bef.re the decla ration herein required is made, di e parties interested will transmit stab evidence 4 they can procure, taken and authenticated before a court of record, tdmvin" ihe services of the deceased, the period of his death, the opinion of the neighbourhood respecting such sei vices, the trio rf the claimant, and the opinion of the court upon tiie whole matter. $100 HEWiAX RAXAWAY from the subscriber, on Thursday the 2t'h of April last, vo negro men, named BEN and REUIiKN. BEX is about 10 years of ae, !-hort and heav- made, of a yellow comidc.xion, " feet 9 or 10 inches high, plavs on the violin, with both his ears off close to his heJ'd, which he lost for robbing a boat ru the Ohio river. No doubt but he has changed his clothing since he left homrt. REUBEN is a heavy, well built fellow, about the same height, and what mnv be called a black negro, about '') vrars of j age, has a down look w hen spoken t". ona of his fingers next to the little finger is on" to th first joint, which hand not recollected, and walks lame occasionally by a pain in the hip. 1 will give 50 dollars for either of them, or 25 each, if caught in 0 miles of mv residence, or secured in anv jail so that I get them, or all reronable charges if brought homo and deliveicd to mp, living in the Slate of Kentucky, and countv of Eivingston, near the head of' Hurricar: Island. Ohio river, JAMES FOkD. Julv 11, 1S.T2. 2:1 Sw A LE persons having unsettled arXvL counts with Samuel Smith, are requested to call and eh sr? the saroe immediately hy note or otherwise, and all persons owing the late firm of Jamk" S Samit.l Smith, are requested to pay up, or they may catch " .M July 13, 1S12. 23FAiSEIrr UP Y Joseph Bruce, liv ing in Wallace $ Town-hip, Daviess county, Indiana. STEESv " red I speckled head, for tres;a.-iog, marked I w ith two splits and two holes in the right ea I ' , : T . ,,:: ... d , . dom-' Urnre ,ne, ("narles E. Wells, a Justice of the Peace f ;r said county, this il'M dav of June, 1 J. 1'his is a true copy from my E-'ray t-, . sI,iTtTt... IOOi. V.Il.lwl.t, r WEEES, J. P. J.dy 1 1, ls:. tr :v ! HS CO-PAXlTNSirlSHI? CO-PAIlTKBiiSlir? y i:iu:TOFOlH; existing under th firni lf ()VEATT "PICAKD, i lhis a lv -i(jU C(, u. lullUux CitVilllm AiI thl0 Viho have untt,l ;iP....l: i ...... i . t . w. -au iirm are rt n.iesuu 10 r:. : in 1 T - ()vim ,t :.r ndl-Ktmon t... ; y , 1 . etle the same M (iVi' Vi'T PK' MID VivM-rv T- Irr.ri) K'l" ' S'XO'PIOS. "T HEKEBY lorwim -nil povn tpvu trading for a note of h-i..i, gi.en bv 1 uv to John M:tk-r, f.r f;'.i. i ;u I Mix", ; l'dl, said n .tc b.-iny t:r...rd m -stU o"b ' U.wv d. IIENT.T ! ' :"0 - ' J V:.