Imatges de pÓgina


[To accompany bill H. R. No. 429.]

APRIL 28, 1862.-Ordered to be printed.

Mr. Ely, from the Committee on Invalid Pensions, made the following



The Committee on Invalid Pensions, to whom was referred the petition

of Herman J. Ehle, report:

That having examined the proofs in the case, it appears that the petitioner, now aged sixty-five years, served as first lieutenant in the company of riflemen commanded by Captain William Jenkins, in the 138th regiment and 11th brigade of the militia of the State of New York, commanded by Lieutenant Colonel George H. Nellis, in the war with Great Britain, in 1812. He was ordered into the service of the United States and did join his company of riflemen on the 7th day of September, 1814, and marched with said company to Sackett's Harbor, and continued in actual service of the United States until the 29th of September, 1814; that while in camp, in the discharge of his duty, being exposed to the cold and wet, was, on or about the 20th of September, 1814, taken sick with dysentery and the piles so severely that his life was despaired of. That on or about the 29th of September, 1814, the surgeon of the regiment, Dr. Joshua Webster, ordered petitioner to be sent home, and he was accordingly discharged, sick and disabled, and sent home in a covered wagon. Petitioner was a well man previous to said sickness; that the said sickness was not the effect of any vicious conduct on his part, and arose solely from great exposure. Since that time his health has been constantly impaired; he is wholly incapable of performing manual labor, and is greatly afflicted with frequent attacks of the same disease. The petitioner has received a bounty land warrant from the department; that the reason he did not apply sooner was, that he did not know till recently of the act of Congress granting pensions to the militia, passed April 24, 1816. He petitions to receive the benefit of the act passed April 24, 1816, and to be placed on the pension rolls at the pay of a first lieutenant. His application to the Pension Office for a pension was rejected on the ground that the muster-roll of his company upon which his name is found furnishes no evidence of disability alleged to have been incurred whilst in the service."

These facts are substantiated by the petitioner's own affidavit, and the affidavit of George F. Dankle, a citizen of Montgomery county, New York, who testifies that he is sixty-six years old, and has known the petitioner for upwards of fifty years; that he belonged to the same regiment, and did military duty with him since 1809, and is knowing to all the facts set forth above. Also, by the affidavit of Pythagoras Wetwere, aged sixty, of the village of Canajoharie, New York, who was a private in the same regiment, on the said march to Sackett's Harbor, and corroborates the said statement. The fact of present disability, and the probability that it was incurred as alleged, is certified to by Joseph White, surgeon of the 1st regiment of rifles, New York, and Simon Snow, late surgeon of the 19th regiment, 6th brigade of cavalry, of New York. The respectability of the surgeons is certified to by David Spraker, of Canajoharie, and the certificate of the adjutant general of New York is attached, that each were surgeons, or had been, of the aforesaid regiments, New York militia.

Your committee concur in reporting the accompanying bill.

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[To accompany bill H. R. No. 430.]

APRIL 28, 1862.-Ordered to be printed.

Mr. Ely, from the Committee on Invalid Pensions, made the following


The Committee on Invalid Pensions, to whom was referred the petition of

Amanda Batts, Laura P. W. Young, and Betsey Murdock, children and heirs of Barbara Walker, report :

That they have examined the evidence in the case, from which it appears that Barbara Walker was the widow, now deceased, of Gideon Walker, who died in the service of the United States during the war of 1812; that the mother of said petitioners, the said Barbara Walker, was entitled to a half-pay pension by the laws of the United States, and made her application for said pension before Allen D. Scott, esq., surrogate of the county of Cattaraugus, in the State of New York, on or about the month of February, 1859, which was immediately forwarded to the department at Washington, and which remained on file until the 9th day of May, 1859, when a certificate was issued granting a pension to said Barbara Walker of eight dollars and fifty cents per month from the third day of February, 1853, to the 3d day of February, 1858. The following is a copy of said certificate:

Widow's claim.

DEPARTMENT OF THE INTERIOR. I certify that, in conformity with the first section of the act of February 3, 1853, Barbara Walker, widow of Gideon Walker, who was a quartermaster's sergeant in the 19th regiment of United States infantry, and died on the 16th day of December, 1814, is entitled to receive five years' half pay, at the rate of eight dollars and fifty cents per month, commencing on the 3d day of February, 1853, and terminating on the 3d day of February, 1858. Given at the Department of the Interior this 9th day of May, 1859.


Secretary of the Interior. Examined and countersigned.


Commissioner of Pensions.

On this certificate is also indorsed, in red ink, the following: Amount due on this certificate, per Pension office calculation, $510."

The evidence further shows that the said Barbara Walker, after making her application as above stated, died on the 7th day of March, 1859, leaving the said petitioners her only children and heirs; that they applied to the Pension office for the pension above mentioned in said certificate, as the heirs of their deceased mother, and were informed that the payment was refused. The Commissioner of Pensions refuses to pay the same, on the ground that the widow died before her application was granted. The petitioners allege that the pension was all due when the application was made; that the applicant had then complied with all the law required her to do, and the pension certificate was granted upon that application; that the pen. sion was due the applicant, and was in the nature of a vested right to the amount granted, which, on her death, is equitably due to her heirs.

These facts, about which there is no dispute, have induced your committee to come to the unanimous conclusion that the claim of the petitioners is equitable and just, and they have reported a bill instructing the Secretary of the Treasury to pay said sum, declared in said certificate to be due Barbara Walker, to her heirs, the said Amanda Batts, Laura P. W. Young, and Betsey Murdock.


[To accompany bill H. R. No. 431.]

APRIL 28, 1862.-Ordered to be printed.

Mr. Goodwin, from the Committee on Invalid Pensions, made the



The Committee on Invalid Pensions, to whom were referred the papers

in the daim of Zina Williams, of the State of New York, for an invalid pension, have had the same under consideration, and report:

That the same papers were referred to the Committee on Invalid Pensions at the 3d session of the 34th Congress, and the proofs were then examined, and at the 1st session of the 35th Congress reports were made thereon by each of said committees, sustaining the claim.(Reports No. 166 and No. 47.)

The committee do not discover any reason for questioning the correctness of the views entertained by the said committee, and are, therefore, of opinion that the claim is reasonable, and that a pension ought to be granted, and they accordingly adopt the same report and the same bill as reported by the committee of the 3d session of the 34th Congress.

The petitioner, Zina Williams, was called into the service in the war of 1812, so called, in September, 1814, from Montgomery county, New York, and marched to Sackett's Harbor, New York, where he was on duty without shelter, sleeping upon the ground; sickness prevailed in camp, and on the 1st of October, 1814, he was taken sick of the prevailing camp disease, and was sent to the hospital, where he was attended by two surgeons. His sickness settled into a fever ; his friends sent for him, and with difficulty carried him home on a bed; he was confined to his bed eighteen months; the fever concentrating in his left hip, causing great pain and contraction of the muscles, resulting in almost the entire loss of the use of the left leg; the disability continuing from that time to the present, and of a nature incurable ; that he is a farmer, a sober, temperate, prudent man, and is clear from any charge of imprudence or exposure as the cause of the continuation of his disability.”

The above facts are established by the testimony of two surgeons,

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