Congressional Serial Set Volume 970 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 Excerpt: ...provided the claim be substantiated "in the manner described by an act entitled ' An act to provide for persons who were disabled by known wounds received in the revolutionary war, ' passed the 10th'April, 1806." This act was retrospective as to services rendered twenty or thirty years before; and, to avoid impositions, might well say, as it did, " that the pension should commence on the day when the claimant completed his testimony." But the latter act of 2d August, 1813, contains no such clause. The first act was a past gratuity bestowed; the latter was a proffered boon of the country to induce her citizens to her defence; and thenceforth was an absolute and binding contract to both parties, and which could not be departed from without the consent of the wounded officer or soldier. But the Pension Commissioner entertains the opinion that the 2d section of the act of the 15th May, 1820, withholds the pension, except from the time when the proof is completed. It says: " Sec. 2. The right any person now has, or may hereafter acquire, to receive a pension, be considered to commence at the time of completing his testimony, pursuant to the act hereby revived and continued in force." This retroactive law granting pensions, 10th April, 1806, having been limited to six years, had expired in 1812; and the object of this act of 1820, (May 15, ) as its title clearly declares, was to revive and continue it; and hence, by settled rule of construing statutes, the qualification of right set forth in the 2d section can have no relation, no application,"to any other than those pension cases of the revolutionary war which were the result of Congress' liberality, and not to the cases that arose under the act of 1813. Those arising under the a...