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3d Session.

No. 279.

IN THE SENATE OF THE UNITED STATES.

JANUARY 9, 1871.-Ordered to be printed.

Mr. PRATT, from the Committee on Pensions, submitted the following

REPORT.

The Committee on Pensions, to whom was referred the petition of Mary A. Simpson, praying to be allowed a pension, submit the following report:

The petition and evidence show the existence of the following state of facts:

The petitioner is sixty years of age, and has a husband aged sixty-six years, who is one-half disabled for performing manual labor by reason of an injury which occurred twenty years since. She is the mother of Oliver E. Simpson, who was a corporal in Company I, of the First regiment of infantry, Massachusetts volunteers, who was wounded at the battle of Bull Run on the 18th of July, 1861, and died next day of his wounds. Oliver was married in May, 1861, to Paulina Burrell. No issue sprung from the marriage. The young widow, on her application, was placed upon the pension-roll, and continued to receive a pension at the rate of $8 per month from the death of her husband until her subsequent remarriage to one Gerald, on the 30th day of January, 1866, when it ceased. During the period of her marriage Paulina made her home with the parents of her husband. For six years previous to his death Oliver had contributed to his parents' support by keeping down the interest of a mortgage upon the homestead, and by supplying them in part with groceries and provisions.

The widow shows that the only property of the parents is a small house in Cohasset, in the county of Norfolk, in the State of Massachusetts, in which they lived, but derived no income, burdened as above stated by a mortgage, on which accrues $60 of interest yearly. There is no evidence as to the value of the house. The petitioner has an invalid daughter dependent on her parents for support.

The prayer of the petitioner is that the pension which was suspended by Paulina's second marriage may be renewed to the mother, and continued during her life.

The petitioner concedes by this application that her case does not fall within any of the rules allowing pensions.

In the opinion of the committee the law should not be extended in this direction. The son was under no legal obligation to support his parents at the time of his death. In marrying he had pledged his support to another. His first duty was to his wife. The Government had given its pledge, in case he fell in the line of duty, to care for her. It was in the course of redeeming that pledge when she chose to renounce its bounty.

The committee can see no equity in the claim made by the mother on this state of facts, and recommend that the prayer of the petitioner be not granted.

3d Session.

No. 280.

IN THE SENATE OF THE UNITED STATES.

JANUARY 9, 1871.-Ordered to be printed.

MR. PRATT, from the Committee on Pensions, submitted the following

REPORT.

The Committee on Pensions, to whom was referred the petition of Sarah Duncan, praying to be allowed a pension, submit the following report:

The petition shows that Sarah Duncan is the widow of William Duncan, late of Anderson County, in the State of Tennessee, who was murdered by rebel soldiers on the 6th day of May, 1862, on account of his loyal aid to the Government in recruiting men to enlist in the Army of the United States. It is alleged that at his own expense and upon his own responsibility he was instrumental in recruiting between four and five hundred men. It was upon his return from the State of Kentucky, after he had piloted a company of recruits to the Union lines, that he was fired upon and killed near his own house by rebel soldiers, because of his zeal and activity in the cause of his country. The petitioner is poor and has a large family.

The evidence outside of the petition shows that Duncan, at the outbreak of the rebellion, employed his time and means in recruiting for the Federal army, and fell probably because of that service. He was not an enlisted soldier.

It is admitted that the law does not reach this case, and Congress is asked to pass a special act for the relief of Duncan's widow.

Certainly this is a remarkable case, appealing strongly to the sympathy of Congress, if we accept all the facts stated in the petition as true. But the evidence supports the petition only as to the fact that Duncan employed his time and means as above stated, without showing the number of men recruited, and that he lost his life in this patriotic service. It does not touch the widow's circumstances as to the extent of her family or means of livelihood.

It is doubtless true that there are many like examples of patriotic devotion throughout the States lately in rebellion, presenting as strong claims on the Government for taking care of the widows and orphans, as this one. In the opinion of the committee relief should be extended, if at all, only by a general law available to all. It would be going beyond any example in our past legislation to provide for casualties of this description. Mr. Duncan was not a soldier. His services were voluntary. He did not die of wounds or disability incurred in any engagement with the enemy. He died because of a particular form of manifestation of his patriotism. He chose to assume the responsibility of this service, without placing himself in a military organization regulated by law, which invited his coöperation, and promised relief to him and to those dependent upon him, in case of casualty. The committee therefore feel constrained to recommend that the prayer of the petition be not granted.

IN THE SENATE OF THE UNITED STATES.

JANUARY 9, 1871.-Ordered to be printed.

Mr. PRATT, from the Committee on Pensions, submitted the following

REPORT.

The Committee on Pensions, to whom was referred the petition of Mrs. Ann G. Barker, praying to be allowed arrears of pension, submit the following report:

The petition shows that Mrs. Barker is the widow of Captain Thomas Barker, First Regiment United States Infantry, who died on the 14th of November, 1839, at Tampa Bay, of disease contracted while in the discharge of duty in the swamps of Florida. It is alleged that Captain Barker entered the military service at an early age, and served without intermission until the period of his death, leaving a widow and children wholly unprovided for.

It is admitted that since the passage of the act of Congress of February 3, 1853, the petitioner, as his widow, has been in the receipt of a pension of $25 per month.

Her only son, Lieutenant Thomas Barker, Twenty-third United States Infantry, who contributed materially to her support, died on the 17th day of January, 1869, and she is left in old age without any other means of support than her pension.

She prays to be placed on the footing of widows of officers of similar rank who fell in the Mexican and civil wars. In other words, her prayer is that she be paid a pension from the date of her husband's death to February 3, 1853.

Under the act of 1853, Mrs. Barker was entitled to only $20 per month. The act of June 3, 1858, increased the pension to $25 per month, and related back to February 3, 1853, so as to allow widows the difference of $5 per month.

The petition recites several private acts of Congress where widows have been allowed arrears of pension to commence from the date of their husbands' deaths.

The destitution, age, and infirmities of this estimable lady are strongly pressed by one well acquainted with her life and many virtues; yet the committee feel unwilling to make her case a precedent. There are thousands in the world, widowed like her, without any annuity to relieve them from want. There are thousands of the surviving soldiers of the war of 1812, old, infirm, and destitute, without any pension. It is impossible for the Government of the United States to extend relief to all meritorious cases. Nearly or quite thirty millions dollars are now paid annually to those on the pension rolls.

The committee, therefore, ask to be discharged from the further consideration of this petition.

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