WIDOWS AND ORPHANS-REVOLUTIONARY WAR.

sand eight hundred and fifty-three, entitled "an act to continue halfpay to certain widows and orphans," shall not be so construed as to deprive any widow from (sic) the benefits therein granted for the services of her husband, though she may have married again: Provided, however, That the applicant is a widow at the time of making the elaim: Provided, such party shall not receive a pension during coverture.

This provision was subsequently (act of February 28, 1855'), extended to the widows of naval officers, marines, and seamen, as follows:

SEC. 3. And be it further enacted, That the widows of the officers, non-commissioned officers, marines or mariners who served in the navy of the United States during the revolutionary war, and who were married since the first day of January, eighteen hundred, shall be entitled to pensions in the same manner, and to the same extent, as the widows of the officers and soldiers of the army of the revolution, under the second section of the act of February third, eighteen hundred and fifty-three.

By an act of April 2, 1862, the children and other descendants of persons who served in the revolution are precluded from claiming a pension or increase of pension by reason of such services, where the soldier or his widow died without establishing a claim to a pension. This act is as follows:

AN ACT to prohibit the allowance or payment of Pensions to the Children of Officers and Soldiers of the Revolution.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act no claim for a pension or for an increase of pension, shall be allowed in favor of the children or other descendants of any person who served in the war of the revolution, or of the widow of such person, when such person or his widow died without having established a claim to a pension.

1 U. S. Statutes at Large, vol. x, 615.

WIDOWS AND ORPHANS-REVOLUTIONARY WAR.

GENERAL OBSERVATIONS.

The act of July 3, 1836, may be said to lie at the foundation of all acts of Congress granting pensions to the widows and orphans of revolutionary officers, soldiers, marines and seamen, as it is to this act that all subsequent legislation upon the subject relates.

This act, in its turn, has retrospective relation to the act of June 7, 1832, granting pensions to survivors of the revolution.

A widow can claim a pension under the act of July 4, 1836, only when her husband, were he still living, would be entitled to such pension; and it is the amount to which he would be entitled, if living, which governs the rate of pension to her. This act limits its benefits to such widows as were married before the expiration of the husband's last term of service; but by act of March 3, 1837, this was extended to widows married before November 3, 1783, and to such as had married the second time, and were again widows, at the passage of the act. This was still further extended by the joint resolution of July 7, 1838, which allowed those widows whose husbands had died since the passage of the act of July 4, 1836, or who might afterwards die, to claim the benefits of that act.

An act, passed on the same day on which the resolution was adopted, gave to those widows who were married after the expiration of the husband's last term of service, and before January 1, 1794, the same pension, for five years, from March 4, 1836, which the husbands, if living, might claim under the act of June 7, 1832.

This allowance of half-pay was extended five years from March 4, 1843, by acts of March 3, 1843, and June 17, 1844. A joint resolution of March 3, 1851, extended the benefits of the last-named acts, and of the act of June

WIDOWS AND ORPHANS-REVOLUTIONARY WAR.

7, 1838, to widows whose husbands died after the passage of said acts, but not to include any portion of time for which the husband received a pension. The acts of 1843and 1844, just referred to grant no original pension. They merely continue the payment of pensions already granted.

An act of August 23, 1842, provides that the second marriage of a widow shall not bar her right to a pension under the act of July 7, 1838, if she be a widow at the time she makes application for a pension.

By joint resolution of August 16, 1842, it was ordered that the benefits of the act of July 7, 1838, should not be withheld from a widow whose husband died after June 7, 1832, and before July 7, 1838. This was, however, restricted by act of April 30, 1844, which provided that no pension should be granted to a widow for the same time her husband received one.

The act of February 2, 1848, gave for life, to such widows as were married before January 1, 1794, the pensions which their husbands, if living at the time of the application, might claim under the act of June 7, 1832, to commence on the 4th day of March, 1848.

The act of July 29, 1848, granted pensions during widowhood to the widows of all persons who served in the army or navy during the revolution, whether as officers, musicians, soldiers, mariners, marines, or Indian spies, in the continental line, State troops, volunteers or militia, at the same rates which their husbands, if living, might claim under existing laws; but no widow, then receiving a pension, nor any widow married after January 1, 1800, could claim such pension.

The restriction as to time of marriage was removed by act of February 3, 1852; as to a second marriage by act of August 5, 1854, and by act of February 28, 1855, the

WIDOWS AND ORPHANS-REVOLUTIONARY WAR.

benefits of the act of February 3, 1853, were extended to the widows of those who served in the navy of the United States during the war of the revolution.

To sum up these laws, the result will be found to be, that the widows of all commissioned and non-commissioned officers, musicians, soldiers, and Indian spies of the army, whether belonging to the continental line, State troops, volunteers or militia; and the officers, seamen and marines of the navy, during the revolution, who served at least six months, are entitled to the same pensions, during widowhood, which their husbands might claim under any existing laws, if living. And this claim may be made by a widow, although married a second time, provided she be a widow at the time of making the application.

The act of July 29, 1848, may be considered as most favorable to widows, as this may, in some cases, yield them a greater pension than any other law. It can in no case yield a less pension, as the applicant has the entire range of laws granting pensions to those who served in the revolution, from which to select one under which her husband, if living, might claim his pension.

Under the act of April 2, 1862, no further claim for a pension or increase of a pension can be presented by the children or other descendants of revolutionary worthies, when the claim to such pension was not established by the soldier or his widow, before their death. This virtually cuts off all claims on the part of children of such persons; as there remains but the bare possibility that amounts may be due heirs upon pension claims established by their ancestors before death, which have remained unsettled. For the manner of applying for the payment of such sums claimants are referred to the title " ARREARS OF PENSIONS."

WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS.

SECTION II.

REGULATIONS AND FORMS FOR OBTAINING PENSIONS FOR WIDOWS OF PERSONS WHO SERVED IN THE WAR OF THE REVOLUTION.

ACT OF JULY 4, 1836.

PENSION OFFICE, July 9, 1836.

In order to carry into effect the act of Congress of the 4th of July, 1836, entitled "an act granting half-pay to the widows or or phans, where their husbands and fathers have died of wounds received in the military service of the United States, in certain cases and for other purposes," the following rules have been prescribed by the President of the United States, and adopted by the Secretary of War; and they are now published for the information of applicants under that law:

1. Applicants under the first section of the act must produce the . best proof the nature of the case will allow as to the service of the deceased officer or soldier, the time when he died, and the complaint of which he died, and the supposed cause of his disease. It must be clearly shown in what company and regiment, or corps, he served, and the grade he held.' Such proof must be had, either from the records of the War Department, the muster rolls, the testimony of commissioned officers, or the affidavits of persons of known respectability. From similar sources evidence must be derived as to the period and cause of the death of the officer or soldier.

2

2. The legality of the marriage, name of the widow, with those of her children who may have been under sixteen years of age at the time of the father's decease, with the State or Territory and county in which she and they reside, should be established. The legality of the marriage may be ascertained by the certificate of the clergyman who joined then in wedlock,3 or the testimony of respectable persons having knowledge of the fact. The age and number of children may be ascertained by the deposition of the mother, accompanied by the testimony of respectable persons having knowledge of them, or by transcripts from the parish registers duly authen

1 The act of May 7, 1846, page 135, dispenses with this proof where the husband was a pensioner at the time of his death.

2 This is no longer necessary.

3 This certificate must be proved by the testimony of witnesses who knew the handwriting of the clergyman, or saw him sign the certificate. It must also appear by proof that the clergyman was such, and was authorized to solemnize marriages.