Report on the Petition of Absalom Baird
Document 1786Report on the petition of Absalom Baird by the Commissioner of Army Accounts
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[Report D. Bains.
August 25. 1786.
Copied.
Baldwins Arths Cont.]
The Commissioners appointed to settling the accounts of the late Army of the United States, to whom was referred the Petition of W. Baird, have leave to report requesting [strikethrough: the commutation] in lieu of half pay for life as allowing [undecipherable] in Baldwins late Corps of Artificers, beg leave to report;
That Doct. Baird founds his claims on the Resolution of January 17, 1781 granting generally the half pay to the Army Hospital department-men, and that of May 3d 1782 granting the same further salary to a Surgeon of Artificers.
That Congress resided on the 16th [undecipherable] last refer to your Commissioner a report made by a Committee, on the Petition of sundry Officers of the Corps of Artificers for half pay or commutation, which report your Commissioner was directed to [take?] order on — it is in the words following Viz: — The Committee Consisting of [undecipherable] to whom was referred
the memorials of Several officers of the late Corps of Artificers praying that in setting their accounts they be allowed the commutation of half pay as founded on justice or on the acts of Congress, beg leave to report — That the claims of those officers does not appear to be founded on the usage of nations nor in equity — They believe that half pay has been allowed to military officers partly from a regard to the hardships and personal dangers to which they was exposed, but chiefly from a consideration that by a long Continuance, in the military Line, they may have lost those habits by which they formerly had been enabled to provide for themselves or family — what reason does not apply so fully to the officers of Artificers —
"Your Committee are of Opinion that the sole Rule on this Occasion must be the acts of Congress respecting the officers in the Corps of Artificers, and they do not find any Resolution by which they are entitled to half pay or Commutation, on the Contrary they seem to be expressly Cut off. Each Claim —
"The original act of Congress of May 15, 1778, by which half pay was promised for seven years, Confine the same to military Officers, which certainly did not include the artificers, and your Committee are of Opinion that all subsequent acts which relate to half pay, the same denomination of officers, must be attended [undecipherable] in Cases where other Officers are expressly mentioned —
"Surely the act of October 2, 1780 promising half pay to officers who might be deranged, never Could be Construed as granting half pay to any Class of Officers who had no claim to half pay had they Continued in service to the end of the war —
"If any doubts could have arisen whether the artificers were intended to be included in the promise of half pay it must be fully removed by the act of the 16 November 1779 — it was then Resolved: — 'That it be recommended to the Several States, to allow the Corps of Artificers established by Congress the 12th Instant, all the benefits provided for officers and Soldiers in the line of their quotas of the Continental Battalions — except the half pay' — After this pointed and express exclusion of those Officers from the allowance of half pay —
"your Committee are of opinion that nothing but a subsequent promise equally pointed and express can give them a Title to the same — None such has been made. Wherefore they Submit the following Resolve: — That the officers of the late Corps
"Corps of Artificers in the service of the United States are not entitled to half pay or the Commutation for half pay."
Our Commissioner therefore supposes that the Surgeon among the other Officers of the Corps Artificers, is not entitled to the half pay or the commutation but is not warranted to grant the commutation to the officers memorialists unless by the direction of Congress.
Office of Army Audits
Aug. 25. 1786.
Type
Contemporary Copy of Letter
Description
Report on the petition of Absalom Baird by the Commissioner of Army Accounts
Date
08/25/1786
Author
Recipient
Sent from
Office of Army Accounts
Document number
1786082521401
Page start
1
Note
This document is signed "Office of Army Accounts" but in John Pierce's handwriting.
Notable persons
John Pierce
Doctor Absalom Baird
Congress
Commissioner of Army Accounts
army
hospital department
officers
corps of artificers
commissioner
continental battalion
office of army accounts
Notable locations
Office of Army Accounts
Virginia
Notable items
petition
accounts
commutation
report
resolution
half pay
memorials
hardship
personal danger
act of congress

