REGULARS, SINCE REVOLUTION-REGULATIONS AND FORMS. For REGULATIONS and FORMS relating to POWERS OF ATTORNEY in pension cases, see Chapter XVI. "F." Form of Surgeon's Affidavit. If the claimant for a pension has not been examined, and the degree of his disability certified, by an army surgeon, he must produce the affidavit of two surgeons reputable in their profession, and certified as such by the magistrate before whom their statement is sworn to, in accordance with the following form: ing the duty of a soldier, by reason of wounds [or other injuries] inflicted while he was actually in the service aforesaid, and in the line of his duty, viz: the By satisfactory evidence and accurate examination, it appears that on - day of -9 in the year ——, being engaged in the State (District or Territory) of at or near he received, a place called (or contracted)1. and he is hereby not only incapacitated for military duty, but, in the opinion of the undersigned, is 2 obtaining his subsistence from manual labor. disabled from Surgeon. day of A. D. 18-; are known to me as sur Sworn to and subscribed before me, this and I hereby certify that the said and geons in actual practice, reputable in their profession, and that I have no interest, direct or indirect, in the prosecution of this claim. (Magistrate's Signature.) The REGULATIONS and FORMS prepared by the Commissioner for invalid cases, arising under the act of July 14, 1 Here give a particular description of the wound, injury or disease, and specify in what manner it has affected the applicant so as to produce disability in the degree stated. 2 The blank in the last line is to be filled up with the proportional "degree" of disability; for example: "three fourths," ," "one half," "one third," etc., or "totally," as the case may be. REGULARS, SINCE REVOLUTION-REGULATIONS AND FORMS. Claimants may, 1862, are substantially the same as those provided in cases of a like character under former acts. therefore, obtain aid in the preparation of their papers by referring to the forms herein before given. SPECIAL INSTRUCTIONS. In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate. Interlineations or erasures in papers prepared for filing in pension cases, should be noted in the certificate of the magistrate, before signing, in order to show that they were not made after the execution of the papers. All the "discharge papers" received by the soldier when discharged, should be sent with his declaration. The additional testimony that will be required to establish the claim, depends on the character of these papers. The officer's certificate required by the rules of the Pension Office, may be given by any commissioned officer under whom the applicant served. In case the applicant lives within thirty miles of a surgeon of the regular army, his certificate of disability must be obtained; but if he does not, then the affidavit of two respectable surgeons will be sufficient. VOLUNTEERS AND MILITIA, SINCE REVOLUTION. CHAPTER IV. INVALID PENSIONS. SECTION I. VOLUNTEERS AND MILITIA, SINCE THE WAR OF THE REVOLUTION. By acts of September 29, 1789,1 and April 30, 1790,2 the President was authorized to call into service, from time to time, such portion of the militia of the States as he might deem necessary to protect the people of the frontiers against the hostile incursions of Indians; and "an act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers," approved March 3, 1791, 3 authorized the President to call out the militia, in case of exigency, to defend the frontiers, and, SEC. 10. And be it further enacted, That the commissioned and non-commissioned officers, privates and musicians of the militia, or such corps of levies, shall, during the time of their service, be subject to the rules and articles of war; and they shall be entitled to the same pay, rations and forage, and, in case of wounds or disability in the line of their duty, to the same compensation as the troops of the United States. The benefits of the act of April 10, 1806, granting pensions to invalids of the revolution, were, by act of April 25, 1808, extended to all persons who served after 1 U. S. Statutes at Large, vol. i, 95. 2 Ibid, vol. i, 121. 3 Ibid, vol. i, 222. 4 Ibid, vol. ii, 496. VOLUNTEERS AND MILITIA, SINCE REVOLUTION. the revolution, and before the passage of the last-named act, as follows: SEC. 4. And be it further enacted, That any officer, non-commissioned officer, musician or private, who has been wounded or disabled since the revolutionary war, while in the line of his duty, in the actual service of the United States, whether he belong to the military establishment or the militia, or any volunteer corps called into service under the authority of the United States, may be placed on the pension list of the United States, under such rate of compensation, and under such regulations, as are prescribed by the act entitled "an act to provide for perons who were disabled by known wounds received in the revolutionary war," passed April the tenth, one thousand eight hundred and six. SEC. 5. And be it further enacted, That the pensioners becoming such in virtue of this act, shall be paid in the same manner as pensioners are paid, who have heretofore been placed on the pension list of the United States, under such restrictions and regulations, in all respects, as are perscribed by the laws of the United States in such cases provided. 1 The President was empowered, by an act approved, January 2, 1812, whenever satisfactorily advised of an actual or threatened invasion of any State or Territory, by any Indian tribe or tribes, to raise, by enlistment, or the acceptance of volunteers, for one year, six companies of rangers. These were provided for, in cases of disability, as follows: 3 1 U. S. Statutes at Large, vol. ii, 670. 2 This was extended, by act of July 24, 1813, for an additional year, and until the close of the next session of Congress thereafter. U. S. Statutes at Large, vol. iii, 39. 3 An act passed July 1, 1812 (U. S. Statutes at Large, vol. ii, 776), authorized the raising of an additional company, under the same provisions, conditions and restrictions contained in the act of January, 1812; and an act approved February 25, 1813 (U. S. Statutes at Large, vol. ii, 804), added ten more companies, upon same terms. The companies last mentioned were intended for use upon the frontier, to prevent the incursions of the Indian allies of the British, and were authorized for one year; but the VOLUNTEERS AND MILITIA, SINCE REVOLUTION. SEC. 4. And be it further enacted, That the officers, non-commissioned officers and priyates, raised pursuant to this act, shall be entitled to the like compensation in case of disability by wounds and otherwise, incurred in the service, as officers, non-commissioned officers and privates in the present military establishment, and with them shall be subject to the rules and articles of war, which have been established, or may hereafter by law be established; and the provisions of the act entitled "an act fixing the military peace establishment of the United States," so far as they may be applicable, shall be extended to all persons, matters and things within the intent and meaning of this act, in the same manner as if they were inserted at large in the same. An act approved February 6, 1812, entitled "an act authorizing the President of the United States to accept and organize certain volunteer military corps," passed in view of pending difficulties with Great Britain, empowered the President of the United States to accept volunteers, either artillery, cavalry or infantry, to the number of fifty thousand, subject to call at any time within two years after their acceptance, and to serve twelve months from the time of arriving at the place of rendezvous. Section five of this act is as follows: SEC. 5. And be it further enacted, That if any officer, non-commissioned officer, musician or private shall be disabled by wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalid pensioners of the United States, at such rate of pension and under such regulations as are or may be directed by law: Provided, always, That the compensation to be allowed for such wounds or disabilities to a commissioned officer shall not exceed, for the highest rate of disability, half the monthly pay of such officer at the time of his being wounded or disabled; and that no officer shall receive more than the half-pay of a lieutenant-colonel; and that the rate of pension to non-commissioned term of service was extended an additional year by act of February 24, 1814 (U. S. Statutes at Large, vol. iii, 98). 1 U. S. Statutes at Large, vol. ii, 676. |