PENSIONS, NAVY, (continued.) The right of a widow under the act of Congress to so much money per annum on the happening of a certain event is vested, and not defeated by her subsequent marriage only from the time of the marriage. (See opinion of 9th June, 1825.).. The result is that the applicant is entitled to a pension of ten years prior to the act of the 30th of June, 1834, and under it to a pension of five years, to commence on the day of the passage thereof... Widows of officers, seamen, or marines are not entitled to pensions under the act of The widows of navy agents are not entitled to pensions under the act of the 30th Under the act of 3d March, 1837, the daughter of a deceased sailing master, who Where the widow of an officer of the navy died before the passage of the act of 1837, her representatives can take nothing by the act, as no right to a pension vested in her.... Widows of officers, seamen, or marines, who remarried before the passage of the act of 3d March, 1837, are not entitled to pensions under that act, but their children are...... Page. 1013 1095 1095 1096 1096 1097 1098 ...... 1099 Grandchildren are not included in the law for the more equitable administration of the navy pension fund...... ..... 1100 But the children (the widow being dead) take in equal moieties from the death of the father until the death of one of them, or until they arrive at the age of twenty-one years. Where, as in this case, one of the children died before the other arrived at the age of twenty-one, the latter is entitled to the full pension from her death until that time... 1100 The act of the 3d March, 1837, for the more equitable administration of the navy pension fund, ought not to be so construed as to include cases where the death occurred anterior to the date of the law by which the fund was established........ 1129 The second section of the act of 3d March, 1837, for the more equitable administration of the navy pension fund, adopts the pay of the navy as it existed on the 1st day of January, 1835, as the standard for all cases coming within that section... 1159 A steward serving on board a ship of war is borne on the ship's books as one of the crew, and as such is amenable to martial law, and is therefore a seaman; and, under the proper circumstances, his widow is entitled to a pension..... Under the act of 1837 it is, but under the acts of 1813 and 1814 it is not, necessary to be made to appear that the death occurred in the naval service, provided it appear to have been occasioned by a wound received whilst in the service and line of duty.. ...... 1159 1182 1191 Upon a re-examination of the several acts giving pensions to the widows and children of officers having died of wounds received whilst in the line of their duty, it is decided that the death must have occurred whilst the officer was in service in order to entitle the widow and children to the bounty. Arrears of a pension due a navy pensioner at the time of his death must be paid over to his legal representatives. It does not revert to the navy pension fund..... 1256 The widow of a surgeon in the navy who was commissioned in 1811, resigned in 1824, re-appointed in 1827, and who died in the service in 1832, is entitled, in respect to the time which is to determine its amount, to a pension only under the last appointment... Commodore Porter, who is borne on the pension-roll at the rate of forty dollars per month, is entitled both to his pension and his regular pay as minister at Constantinople.. Where the husband of the applicant, Commodore David Porter, in his lifetime, applied for a pension for disability incurred in 1803, and the same was allowed by the proper department, at the rate of forty dollars per month, to take effect from the 24th day of January, 1825, when he retired from service in the navy; and then, in 1839, made an application for arrears from 1803, under the provisions of the act of 3d of March, 1837, and received a reply from the Secretary of the Navy, deciding that there was due him a pension, at the rate of twelve dollars and fifty cents per month, from 1803, when his disability was incurred, to the 24th of January, 1279 149 4 PENSIONS, NAVY, (continued.) 1825, but did not receive the same in his lifetime; and the widow applies for it after his death-HELD, that such allowance exists in the form of a debt due to the estate of Commodore Porter, and the legal representatives are entitled to receive it..... It is so much money in the hands of the government to the credit of Commodore Porter, which belongs, since his death, to his executor if he has left a will, or to his administrator if he has died intestate... Page. 1627 1627 1654 1654 The widow of the late Captain Elijah L. Weed, of the marine corps, holding the office of quartermaster, and entitled to sixty dollars per month, at the time of his death, is, in the opinion of the Attorney General, entitled to half-pay...... But, as a committee of the Senate have taken a different view of the law, and have made a report against her, a gratification of the claim is not recommended to be made until a legislative interpretation shall be given to the laws..... The second section of the act of the twenty-third of August, 1842, repeals the first section of the act of March 3, 1837, and no allowances can now be made under it.. 1680 It was continued in force temporarily by the act of August 16, 1841, in regard to certain cases; but was revoked by the act of 1842, leaving no remedy for those cases except in an application to Congress.. 1680 The child of passed midshipman Bacon is not entitled to full five years' pension under 1703 1854 1854 The Attorney General reconsiders his opinion of the 24th ultimo, and advises that no officer can receive at the same time pay as an officer on duty and as a pensioner 1857 That officers who may be waiting orders, or on leave or furlough, can receive on account of their pensions only so much as, when added to their pay when on leave, &c., will amount to the pay of their grade when on duty...... The acts of Congress granting pensions to widows of officers, seamen, and marines, who have died whilst in the service, or from disease contracted or injuries received whilst in the line of their duty, do not include cases of widows of engineers in the navy appointed pursuant to the act of 1842.... 1857 1886 There being no law authorizing the allowance of pensions to such widows, it follows that there is none prescribing the rate at which they shall be paid................ .... 1886 Pensions to widows of officers, seamen, and marines, when allowable, commence from the date of the passage of the act (1834) in cases where the death of the husband occurred prior to that time, and from the death of the husband in all other cases.. .... 1886 The first section of the act of 11th August, 1848, renewing certain naval pensions, embraces all such widows and children as were receiving pensions under any of the laws of Congress passed prior to the 1st of August, 1841..... ..... 1966 .... The other class comprises all those widows and children who received pensions at any As Congress neglected to provide, in terms, for widows of second lieutenants of ma- It therefore rests in the sound discretion of the Secretary of the Navy to decide, ac- mence... 1966 1966 1966 1977 1977 If it has been the settled rule of the department that pensions shall commence at the time of completing the proofs, it will be very difficult now to depart from it...... 1977 The joint resolution of Congress, passed 10th August, 1848, placed the officers of the marine corps, who served with the army in the war with Mexico, on an equal footing with the officers of the army with whom they served.. 1988 1988 The phrase "other remuneration," employed in said resolution, must be understood to refer to pensions... It was the intention of Congress to remove any distinction in respect to pensions between men in the same relative position, who may have been disabled by the loss of their limbs whilst fighting side by side in the same service.... 1988 PENSIONS, NAVY, (continued.) Page. The rule of the Pension Office that an application for a pension cannot be entertained after the lapse of twenty-five years from the time when the disability was incurred, is unauthorized by law, and therefore invalid..... The power conferred upon the Secretary of the Navy to establish rules and regula- to.... 1990 1990 2028 It may be doubtful whether the provisions of the 2d section of the act of 4th 'February, 1822, though general, are not to be confined to cases of claims for revolutionary pensions. 2028 The claim of James Lewis, however, cannot be allowed.. 2028 power conferred upon the Secretary of the Navy to establish rules and regulations for the examination and adjudication of claims for admission upon the roll, does not authorize the enactment of a statute of limitations... PENSIONS, REVOLUTIONARY. The rule of the Pension Office that an application for a pension cannot be entertained 2140 The form prescribed in the 1st section of the act of 18th March, 1818, in relation to certain indigent persons who performed duty in the land and naval service of the United States during the revolutionary war, to verify the amount of property of the applicant, except the oath of the party and the certificate of the clerk, must be gone through with in open court of record.. It was the intention of Congress to make the amount of the schedule the test of the Pensions under the act of 15th May, 1820, do not commence until the testimony in The preliminary articles provided that there should be a peace when the terms of a The force of the act of the 31st May, 1830, seems to be directed against the 2d sec- 12140 230 230 366 458 458 711 711 811 836 If an applicant has served in different grades for a time sufficient to entitle him to a pension, it must be graduated by the respective terms of service in each grade..... 83€ The act of July 14, 1832, does nothing more than repeal the law of March 3, 1819, PENSIONS, REVOLUTIONARY, (continued.) Page. whereby the necessity of adducing proofs of continued disability is dispensed with; it does not restore to the pension roll any one who had been dropped from it 836 It is not obligatory on the Secretary of War to issue new pension certificates where the parties have pledged them for debt, and creditors refuse to deliver them without payment. The law does not require them in such cases to be renewed; nor ought the refusal of creditors to redeliver certificates to pensioners to prevent the payment of such pensions... The pension act of 1832 does not exclude those who have received pensions under other acts of Congress, where the provisions of this act are more favorable to their interests. .... A commissary is within the act of 1832, under the construction which it has receiv- By the terms "invalid pensioners" and "invalid soldiers," used in the amendatory Nor is there any legal provision which authorizes the transfer of their names from the rolls of pensioners, under the act of 1818, to the invalid pension roll on which they originally stood.. In cases of deceased pensioners leaving widows who have also deceased before demanding the amount, the representatives of the widows only can demand the balance due.... Where there are no widows, but several children, some of whom die before payment, the surviving children, as such, are only entitled to their distributive shares of the amounts due at the decedents' death; and the legal representatives of the deceased children must receive their shares... 836 855 855 886 886 886 887 887 887 In cases of the death of pensioners leaving neither widows nor children, the legal representatives are entitled to the amounts due..... The accuracy of the construction given by Mr. Wirt to the act of the 15th May, 1820, to revive and continue in force an act to provide for persons who were disabled by known wounds received in the revolutionary war, and for other purposes, is doubted.. 1004 Under the peculiar circumstances in which the applicant was placed, the law was not applicable to his case.. 1004 The regulation restricting the commencement of pensions to the time when the paper shall be authenticated, is repugnant to the act of 1820.... 1004 A pension to a widow is a vested right, ceasing upon her marriage as to further claim upon the government, but remaining valid for arrears.. 1011 The rights of the surviving husband in and to those arrears, depend upon the laws of the State where the parties resided at the time of the wife's demise.... The children of soldiers embraced in the first section of the act of the 4th of July, 1836, who have died, leaving widows and children, and the widow having married again before the passage of the act-HELD, that the children are entitled to the benefits within the equity of the law..... 1011 The children of widows pensioned under the third section of the act of July 4, 1836, 1063 1066 1066 1011 1067 The act embraces the cases of widows and orphans whose husbands and fathers 1101 1101 It does extend to widows of officers who were living at the time when the act of 1101 PENSIONS, REVOLUTIONARY, (continued.) Page. The right of a widow to a pension under the act is a vested interest that is not defeated by her neglect to apply for it; and it goes to her personal representatives at her death, there being no special provision giving it a different direction. ........ 1101 Where the husband received a pension at his death, the pension of the widow under the act of the 4th of July, 1836, commences only from that date... The agent for paying pensions is not the accounting officer intended by the 4th section of the act... ..... 1101 Widows who were on the pension roll and receiving pensions under the 3d section of the act of the 4th of July, 1836, are not entitled to pensions under the act of July 7, 1838.... 1101 1210 1284 Widows of revolutionary soldiers whose first marriage took place after the expiration of the last period of their service, and before January 1, 1794, who re-married anterior to the passage of the act of July 7, 1838, are not entitled to pensions. 1217 The act of March 3, 1837, and the joint resolution of July 7, 1838, have so far modified the act of 1836, that widows of revolutionary soldiers, who, having re-married, are again widows, irrespective of the date of the death of the second husband, or whether the second husband were a revolutionary soldier or not, are entitled to half-pay; provided said widows are otherwise entitled to the same...... Where an act of Congress directed the Secretary of War to place the name of a widow of a revolutionary soldier, who was a pensioner, upon the roll of pensions, at the same rate which her husband received, to commence at a date antecedent to the passage of the act; and it is discovered that she actually died before the passage of the act, leaving children surviving-DECIDED, that the payment be made to the children, according to the provisions of the act of the 2d March, 1829... The shares of any absent children should be reserved until the right of the others to take as survivors shall have been established.. .... 1327 1327 The widows of officers who were dead at the passage of the act of 1832, but who, if alive, would have received pensions under it, are not entitled to the benefit of the act of 1838... 1499 Mr. Butler's opinion on the same subject commented on-its correctness doubted... 1499 In consequence of the Executive constructions given to the laws of 1838, Congress has declared, by resolution, that it embraces the cases of widows whose husbands were alive in 1832...... Widows take for five years, beginning in 1836, and are to be paid, according to the letter of the law, from that time.. The pensions granted to widows, &c., by the act of 3d March, 1845, commence from The act of March 3, 1845, extends a pension for five years to those widows who re- 1528 1528 1707 1709 1709 1709 1709 All declarations for pensions made prior to the act of 30th of April, 1844, restricting widows to only such part of the five years' pensions as their husbands did not receive, are free from the influence of the restriction...... From its passage to January 23, 1845, they were subject to the restriction; but subsequently to the latter date they were again free from it.. 1719 1719 Widows who prepared their declarations prior to 30th April, 1844, and filed them before 23d January, 1845, from whom any part was withheld on account of payment to their husbands, are entitled to the whole amount.. 1719 The 2d section of the act of May 7, 1846, was intended to facilitate applications of widows to pensions founded on their marital relations, by operating on the proof required... 1798 To establish their claims it is sufficient for widows to prove that their husbands were 1798 |