pensions are a provision, made by the general government, for the officers and privates of the army and navy disabled in the service of the country. they peril their lives for the protection of the public, and it has always been regarded as just that a support, proportioned to the extent of injury received, should be given to them, or to those dependent on them in case of their death. it is properly a continuance of pay in consideration of the services rendered. it does not often amount to a full support, and is graduated by the amount each received, according to rank.
a commissioner of pensions
was appointed and placed at the head of a bureau, at first in the war department, but afterward transferred to the care of the secretary of the interior. it is a pension office, in fact. this commissioner is appointed by the president and senate in the same manner as other important officers. it is his duty to carry into effect the pension laws. he is authorized to appoint pension agents in all the states and territories, who receive and distribute the money due to pensioners in their several districts, the agents receiving from the government a percentage for their services.
there has always been a large number on the list. at first they were the disabled soldiers and sailors of the revolutionary war; then of the war of 1812 with england, followed in 1846 by the mexican war. but all these were few compared with the number disabled in the civil war. the amount[340] appropriated by congress for the year 1873-4, for pensions was $30,480,000. the law carefully protects the pensions against frauds and forbids its attachment by any legal process whatever. the nation is grateful to its brave defenders.
the proper officials to whom all applications should be made, by letter or petition, in washington, are, by a soldier having his discharge, to the paymaster general; when the discharge paper is lost, to the second auditor of the treasury; when by those who represent a deceased person, to the second auditor of the treasury; when for commutation of rations, to the same officer; when for pensions, or any matter connected with pensions, to the commissioner of pensions.
instructions have been prepared for all applicants, by the commissioner of pensions for the purpose of preventing fraud or misunderstanding. they are, in substance:
instructions.
by the act of congress approved july 14th, 1862, and amendatory acts, pensions are granted as follows:
1. invalids, disabled in the military or naval service of the united states, in the line of duty.
2. widows of persons who have been killed or have died in the military or naval service of the united states.
3. children under sixteen, of the classes of persons on account of whose death widows are entitled; provided said widows have died, or have remarried.
4. mothers of all classes of persons on account of whose death widows are entitled, provided said mothers were dependent on the deceased for support and no minor child survived.
5. fathers, the same as mothers, in case of the death of the latter.
6. brothers and sisters, under sixteen, provided they were dependent for support upon the person on account of whose decease they claim.
the first section of the act of july 14th, 1862, showing the rates of pension to the several classes and grades, is as follows:
[341]
be it enacted by the senate and house of representatives of the united states of america, in congress assembled, that if any officer, non-commissioned officer, musician, or private of the army, including regulars, volunteers, militia, or any officer, warrant, or petty officer, musician, seaman, ordinary seaman, flotillaman, marine, clerk, landsman, pilot, or other person in the navy or marine corps, has been, since the fourth day of march, eighteen hundred and sixty-one, or shall hereafter be, disabled by reason of any wound received or disease contracted while in the service of the united states, and in the line of duty, he shall, upon making due proof of the fact according to such forms and regulations as are or may be provided by, or in pursuance of law, be placed upon the list of invalid pensions of the united states, and be entitled to receive, for the highest rate of disability, such pension as is hereinafter provided in such cases, and for an inferior disability an amount proportionate to the highest disability, to commence as hereinafter provided, and continue during the existence of such disability. the pension for a total disability for officers, non-commissioned officers, musicians and privates employed in the military service of the united states, whether regulars, volunteers, or militia, and in the marine corps, shall be as follows, viz.: lieutenant-colonel and all officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month; captain, twenty dollars per month; first lieutenant, seventeen dollars per month; second lieutenant, fifteen dollars per month; and non-commissioned officers, musicians and privates, eight dollars per month. the pension for total disability for officers, warrant or petty officers, and others employed in the naval service of the united states, shall be as follows, viz.: captain, commander, surgeon, paymaster, and chief engineer, respectively, ranking with commander by law, lieutenant commanding, and master commanding, thirty dollars per month; lieutenant, surgeon, paymaster, and chief engineer, respectively, ranking with lieutenant by law, and passed assistant surgeon, twenty-five dollars per month; professor of mathematics,[342] master, assistant surgeon, assistant paymaster, and chaplain, twenty dollars per month; first assistant engineer and pilots, fifteen dollars per month; passed midshipman, midshipman, captain’s, and paymaster’s clerk, second and third assistant engineers, master’s mate, and all warrant officers, ten dollars per month; all petty officers, and all other persons before named employed in the naval service, eight dollars per month; and all commissioned officers, of either service, shall receive such and only such pension as is herein provided for the rank in which they hold commissions.
act of july 4, 1864.
various supplementary acts have been passed by the act of july 14, 1862, modifying in some particulars the provisions of previous legislation.
by the act of july 4, 1864, it is provided that biennial examinations will hereafter be made by one surgeon only, if he is regularly appointed, or holds a surgeon’s commission in the army. examinations by unappointed civil surgeons will not be accepted, unless it can be shown that an examination by a commissioned or duly appointed surgeon is impracticable.
increased pensions in certain cases.—a pension of twenty-five dollars per month is granted to those having lost both hands or both eyes in the military service of the united states, in the line of duty, and twenty dollars per month to those who, under the same conditions, shall have lost both feet, if such parties were entitled to a lower rate of pension under the act of 1862. this higher pension will date only from the 4th day of july, 1864, in case of pensioners already enrolled, or of applicants discharged prior to that date.
evidence of muster-in.—in accordance with the 11th section of the act of july 4, 1864, evidence of the muster-in of the soldier will not be required in any case, but there must be positive record evidence of service. evidence of muster-in in the case of commissioned officers is still required.
act of june 6, 1866.
the supplementary pension act, approved june six, eighteen[343] hundred and sixty-six, provides increased rates of pensions over those granted by the act of july fourteen, eighteen hundred and sixty-two, in the following cases, viz.:
1. twenty-five dollars per month to all those invalids entitled, under the act of july fourteen, eighteen hundred and sixty-two, to a lower rate of pension, on account of service rendered since march four, eighteen hundred and sixty-one, “who shall have lost the sight of both eyes, or who shall have lost both hands, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly helpless, or so nearly so as to require the constant personal aid and attendance of another person.”
2. twenty dollars per month to those invalids who, being entitled under like conditions to a lower rate of pension, “shall have lost both feet, or one hand and one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much so as to require constant personal aid and attention.”
3. fifteen dollars per month to those invalids who, under like conditions, “shall have lost one hand or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or a foot.”
in order to obtain the benefits of the foregoing provisions, pensioners already enrolled will file an application in accordance with form f, appended hereto. proof in addition to that on file with the previous application need not be forwarded, except as shall be specially required in each case, after the application is received. the applicant need only be examined by a pension surgeon when expressly required, on due notice from this office. applicants not already pensioned, who believe themselves entitled to the benefit of the foregoing provisions, will specifically set forth such claim in their declarations, carefully stating the nature of the disability on account of which such higher rate of pension is claimed. the declaration must be made before some officer of a court of record, or before a[344] pension notary designated by this office, as provided by the third section of the act of july four, eighteen hundred and sixty-four.
the above specified increased rates of pension will be allowed only to those disabled since the fourth day of march, eighteen hundred and sixty-one, and will date only from the sixth day of june, eighteen hundred and sixty-six.
teamsters, artificers, and other enlisted men,—not embraced in the terms of the act of july fourteen, eighteen hundred and sixty-two, or of acts supplementary thereto, are, by the tenth section of the act of june six, eighteen hundred and sixty-six, included in the administration of the pension laws, in the class of non-commissioned officers and privates.
minor children to be pensioned, in certain cases, instead of the widow.—the eleventh section provides that when any widow, entitled to a pension under previous acts, has abandoned the care of a child or children of her deceased husband, under sixteen years of age, “or is an unsuitable person, by reason of immoral conduct, to have the custody of the same,” the pension shall be paid to the duly authorized guardian of such child or children, while under the age of sixteen years, and not to the widow. the proper proof in such case, as provided by this section, is the certificate of the judge of any court having probate jurisdiction, “that satisfactory evidence has been produced before such court” to the effect above indicated. in presenting an application under this section, the guardians of the minor child or children will make a declaration in accordance with the appended form g.
pensions granted to dependent fathers and to dependent orphan brothers.—by the twelfth section the provisions of the act of july fourteen, eighteen hundred and sixty-two, are extended so as to include the dependent brother or brothers of a deceased officer, soldier or seaman, and the dependent father of such deceased persons, under like limitations as apply in the case of dependent sisters and mothers; but not more than one pension is granted on account of the same person, or to[345] more than one of said classes. the forms prescribed for the latter cases may be used, with obvious variations, in applications made by dependent fathers or on behalf of dependent brothers.
limitations as to number and date of pensions.—the thirteenth section declares that but one pension shall be granted to any person at the same time; and that when application is not made within three years after the death or discharge of the party on whose account a pension is claimed, such pension, if allowed, “shall commence from the date of filing the last paper in said case by the party prosecuting the same.” this limitation applies to all classes of pensions.
evidence of marriage of colored applicants.—the fourteenth section provides that habitual recognition of the marriage relation between colored parties—that is, in the absence of the usually required proof—when shown by “proof satisfactory to the commissioner of pensions,” shall be accepted as evidence of marriage, and the children of such parties shall be regarded as if born in lawful wedlock. when the usual proof of marriage can be furnished, it will be required as heretofore. when only evidence of cohabitation and mutual recognition can be adduced, as provided in this section, the testimony of two credible and disinterested witnesses will be required, who must state how long they have been personally acquainted with the parties, and for how long a period the latter are known to have recognized each other as man and wife. if such acquaintance is deemed to be of too recent date to warrant the acceptance of this testimony, or if there is reason to doubt, in any instance, that the marriage relation existed in good faith, more specific instructions will be issued, adapted to the circumstances of the particular case.
act of july 25, 1866.
provost marshals, enrolling officers, and others entitled to the benefits of the pension laws.—the first section of the act of july twenty-five, eighteen hundred and sixty-six, extends[346] the benefits conferred by the pension laws to provost marshals, deputy provost marshals, and enrolling officers disabled in the line of their official duty as such, and to the widows or dependents of such officers in like manner.
declarations will be made in accordance with the instructions issued under the pension act of july fourteen, eighteen hundred and sixty-two, and supplementary acts. the grade of such officers, for the purpose of determining the rates of pensions under this section, is fixed as follows: provost marshals will rank as captains; their deputies as first lieutenants; and enrolling officers as second lieutenants.
increased pensions to widows, and orphan children under sixteen years of age.—the second section of this act allows to those who are or shall be pensioned as widows of soldiers or sailors, two dollars per month additional pension for each child (under sixteen years of age) of the deceased soldier or sailor by the widow thus pensioned.
on the death or remarriage of such widow, or on the denial of a pension to her, in accordance with the provisions of section eleven of the act of june six, eighteen hundred and sixty-six, the same amount to which she would otherwise be entitled, under this and previous provisions, is allowed to the minor children. the number and names of the children, with their ages, must be proved by the affidavits of two credible and disinterested witnesses. the provisions of this section only include the children of the widow, and not those of her deceased husband by a previous marriage. the widows of minor children of officers are not entitled to this increase. declarations for an increase under this section, if for the widow, will be made in accordance with form h, appended hereto; and if for minor children, according to form i. the pension certificate must be sent with all applications filed subsequently to september four, eighteen hundred and sixty-six.
increase of pensions under acts prior to july 4, 1862.—all pensioners under acts approved prior to july fourteen,[347] eighteen hundred and sixty-two, are, by the third section of the present act, granted the same rights as those pensioned under acts approved at or since that date, so far as said acts may be applicable, with the exception of soldiers of the revolution or their widows. this section applies only to pensioners who were such at the date of the approval of this act.
declaration of claimants under this section will be made in accordance with the forms previously issued under act of july fourteen, eighteen hundred and sixty-two, and subsequent pension acts, with the necessary modifications, and the pension certificates will be returned.
invalid pensions of claimants dying while their applications are pending, the evidence being completed.—the fourth section of this act is construed in connection with the tenth section of the act of july four, eighteen hundred and sixty-four, and the sixth section of the act of june six, eighteen hundred and sixty-six, to which it is supplementary. if an applicant for invalid pension dies while his claim is pending, the evidence having been completed, the pension, under the provisions of this section and of those sections of previous acts above referred to, is disposed of as follows:
1. if he left a widow, or minor child, or children under sixteen years of age, or other dependent relatives, and died of wounds received or of disease contracted in the service or in the line of duty, no invalid pension certificate will issue, but such widow or dependent relatives will receive a pension, in their own right, taking precedence in the order prescribed by law in other cases.
2. if the claimant left a widow or dependent relatives, but did not die of wounds received, or disease contracted in the service and in the line of duty, so that neither widow nor dependent relatives would be entitled to a pension on his account, then the certificate will be issued in his name, and the pension paid to the widow or to the dependent relatives, as the case may be, in the same order in which they would have been pensioned, if entitled, as set forth in the preceding paragraph.
[348]
3. if the claimant left no widow or dependent relatives, the certificate will issue in his name, and the pension will be drawn by his executor or administrator.
certain accrued rights reserved under repealed enactments.—the fifth section reserves all rights that may have accrued under the fifth section of the pension act of july four, eighteen hundred and sixty-four, and the third section of the pension act of march three, eighteen hundred and sixty-five, though repealed by the first section of the act of june six, eighteen hundred sixty-six.
widows remarrying while their claims are pending,—are entitled, under the sixth section, if their claims are otherwise valid, to receive pensions to the date of remarriage, if the deceased officer, soldier or sailor, on whose account they claim, left no legitimate child under sixteen years of age.
joseph h. barrett,
commissioner of pensions.
pension office, august 4, 1866.
act of july 27, 1868.
section 1.—dependent relatives.—in this section precedence is given to the dependent relatives hereinafter mentioned, in the following order, to wit: first, mothers; secondly, fathers; thirdly, orphan brothers and sisters under sixteen, who shall be pensioned jointly; and the persons enumerated shall each be entitled in their order, after the death of the one preceding.
sect. 2.—invalids disabled subsequent to passage of this act.—this section specifies as to pensions by reason of disabilities incurred subsequent to the passage of this act, and enumerates the circumstances under which said disabilities must have been contracted.
sect. 3.—unclaimed pensions.—this section provides that pensions remaining unclaimed for fourteen months after the same have become due, shall be adjusted at the pension agency instead of at the office of the third auditor; and[349] the failure of any pensioner to claim his or her pension for three years, shall be deemed presumptive evidence that the same has legally terminated. on a new application, with evidence satisfactorily accounting for such failure, the pensioner may be restored to the rolls.
sect. 4.—increase of pensions of widows and of children by a former wife.—this section gives an increase of two dollars per month for each minor child of a deceased soldier, to commence from the death of their father, and continue until they severally attain the age of sixteen years; and provides that the children of a former marriage shall be “entitled to receive two dollars per month, to commence from the death of their father, and continue until they severally attain the age of sixteen years, to be paid to the guardian of such child or children for their use and benefit; provided, however, that in all such cases such widow is charged with the care, custody, and maintenance of such child or children, the said sum of two dollars per month for each of said children shall be paid to her for and during the time she is or may have been so charged with the care, custody, and maintenance of such child or children, subject to the same conditions, provisions and limitations as if they were her own children by her said deceased husband.”
sect. 5.—widows and minors not debarred, etc.—by this section no widow or guardian to whom an increase of pension has been or may hereafter be granted on account of minor children, shall be deprived thereof by reason of their being maintained or educated at the expense of the state or of the public.
sect. 6.—extension of limitation.—this section provides that all pensions applied for within five years after the right thereto shall have accrued, and which have been or may be granted under the act of july 14, 1862, or acts supplementary thereto, shall commence from the discharge or death of the person on whose account the pension has been or shall be granted; and in cases of insane persons and minors, who were without guardians or other proper legal representatives previous to said limitation, applications may be filed in their[350] behalf after its expiration. this section applies solely to cases in which the title to pension has accrued subsequent to march 4, 1861.
sect. 7.—arrears.—in which notification of title to arrears of pension, under the foregoing section is provided for; and also that no claim agent or other person shall be entitled to compensation for services in making application for such arrears.
sect. 8.—widow’s pension to children, etc.—in which the requirement of the certificate of the court that satisfactory evidence has been adduced of the abandonment of the care of the minor child or children of a deceased soldier by his widow, or of her unsuitableness to have custody of them is dispensed with. the furnishing of satisfactory evidence thereof to the commissioner shall be sufficient to cause the suspension of said widow’s pension.
sect. 9.—pending claim may be completed by heirs.—in which if any person entitled to a pension has died since march 4, 1861, his heirs or legal representatives shall be entitled to receive the accrued pension; provided no widow or minor child survives the applicant.
sect. 10.—remarriage.—this section provides for pension to the widow or dependent mother, from the death of soldier to the date of claimant’s remarriage, (provided no children under sixteen survive.)
sect. 11.—extension of time.—this section provides for the continuance in force of the act of july 4, 1864, from the 4th july, 1867, for five years.
sect. 12.—loss of an eye.—this section allows twenty-five dollars as a pension for total loss of sight from wounds received or disease contracted in the service, though the pensioner may have had only one eye when entering the service.
sect. 13.—pension by reason of right accrued since revolution.—by this section all persons pensioned by reason of services rendered since the war of the revolution, and prior to march 4, 1861, are placed on the same footing with those pensioned[351] under acts passed since that time; and grants eight dollars per month to the widows of revolutionary soldiers and sailors now pensioned at less than that amount.
sect. 14.—limbs to officers.—by this section captains in the army and lieutenants in the navy, and those of less rank, who have lost a leg or an arm in such service, shall be entitled to receive an artificial limb upon the same terms as privates in the army.
sect. 15.—special acts.—by this section all pensions granted by special acts shall be subject to be varied in amount, according to the provisions and limitations of the pension laws.
sect. 16.—repealing clause.—by this section all acts and parts of acts inconsistent with the foregoing provisions of this act be and the same are hereby repealed.
