Half-Pay Due Widows and Orphans
Document 1791The Secretary for the Department of War to whom was referred the petition of Anne Roberts and of the orphan children of the late Major Andrew Leitch and of the late Captain William White reports that the half pay due widows and orphans had not been paid by United States due to lack of proper application. He advises that applications for half-pay should be made to states of residence.
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[Endorsement: [undecipherable] 15 — 4 long 2 dep — [undecipherable] 5. 1791 — Anna Roberts — Andrew Leitch — William White — No. Claims with pages 21 to 25 — [undecipherable]]
The Secretary for the Department of War to whom was referred the petitions of Ann Roberts and of the Orphan children of the late Major Andrew Leitch & of the late Captain William White.
Reports
That it appears upon examination that the late Owen Roberts, was a Colonel of the South Carolina continental regiment of Artillery, and that he was mortally wounded in the service of his country in the 20th day of June 1779.
That Andrew Leitch was a Major of the first Virginia continental regiment, & that he was killed in the service of his country, the 16th day of September 1776.
That William White was a captain in the Massachusetts lines, & that he was killed in the service of his Country in [undecipherable].
That conformably to the resolve of Congress of the 24th of August 1780, the widow of the late Colonel Owen Roberts was entitled to the half pay for seven years of a Colonel of Artillery,
That the orphan children of the late Major Andrew Leitch were entitled to the half pay of a Major for seven years
That the children of the late Captain William White, the widow having intermarried, were entitled to the half pay of a captain for seven years.
That conformably to the said resolve, the widow & children aforesaid, ought to have had the said half pay advanced to them on behalf of the United States, by the States to which the aforesaid Officers respectively belonged.
That it appeared from the returns and communication of the accounts of Virginia, the States of Virginia & Massachusetts, that the said half pay has not been advanced the orphans of the beforementioned deceased officers, Major Andrew Leitch & Captain William White. That the accounts of South Carolina for the sums advanced the widows & orphans of that State, have not yet been produced, but it is highly probable there will not be any charge for the object of the present petition. But it will be proper to take all due precautions on this subject, as hereinafter mentioned.
That it is most probable from the information received that the nonpayment of the said half pay has not been owing to any disinclination of the said States, but to the want of proper application.
On this statement the Secretary of War observes, that the only circumstance which is opposed to granting the prayers of the aforesaid petitions, would be a rigid construction of the resolutions of the late Congress limiting the time for producing claims against the United States.
While the Secretary of War is deeply impressed with the importance of a firm adherence generally to the Resolves of limitation, he is inclined to the opinion, that the claims of the afore-mentioned widow & orphans, cannot with justice, be considered as involved in the before-mentioned Resolves of Limitation.
The resolves of the 2nd of November 1785, and 23d July 1787, relate to persons having unliquidated demands for military services, and for claims in the several Staff departments, & in the marine. That they were to produce their claims to the Commissioners of the United States.
But the widows, or orphans claiming pensions were, by the arrangement of Congress to apply to the States to which the deceased Officers belonged. Had the widow or orphan children of any officer, who died in the service; and who belonged to any individual State applied to Congress in consequence of the aforesaid Resolved, they would have been referred to the said State, in the same manner as before the said Resolves were passed.
The resolve of the 11th of June 1788, relates solely to the claims of invalids, & cannot, in any manner, be construed to comprehend the case of the widows & orphans.
It is most probable, that Congress considered any resolve upon this sort of claims unnecessary, as it was supposed that the widows & orphans entitled to pensions by the acts of Congress, had received the same, annually, of the respective States.
But it has appeared that there were few existing, & probably but a few, well founded claims of this nature.
Applying these general ideas to the claims of the petitioners, the Secretary of War is of opinion that, the cause of justice & the dignity of the United States, require that the prayers of the before mentioned petitioners should be granted. And that therefore, it would be proper by law to direct & authorize the comptroller of the Treasury to adjust the account of the widow of the late Colonel Owen Roberts who was killed in the service of his country, for the amount of seven years half pay of a colonel of Artillery, upon the principles directed by the Act entitled 'An act for the relief of the persons therein mentioned or described,' passed the eleventh of August 1790, and that the Register of the Treasury issue his certificates for the amount accordingly. Provided it shall be first made to appear, that the State of South Carolina, has not paid the said widow the pension to which she is entitled by the Resolves of Congress.
That the Comptroller in like manner adjusts the account of the orphan children of the late Major Andrew Leitch, who was killed in the service of his country, for the amount of seven years half pay of a Major of Infantry, & that the Register of the Treasury issue his certificates accordingly.
That the said comptroller adjust in like manner the account of the children of the late Captain William White, who was killed in the service of his country, for the amount of seven years half pay of a captain, & that the Register of the Treasury issue his certificates accordingly.
All which is humbly submitted to the House of Reps.
War Office 14th February 1791
H Knox
Secretary of War
Type
Document Signed
Description
The Secretary for the Department of War to whom was referred the petition of Anne Roberts and of the orphan children of the late Major Andrew Leitch and of the late Captain William White reports that the half pay due widows and orphans had not been paid by United States due to lack of proper application. He advises that applications for half-pay should be made to states of residence.
Date
02/14/1791
Author
Sent from
War Office
Document number
1791021400001
Page start
1
Notable persons
Henry Knox
widow
Anne Roberts
orphan children
Major Andrew Leitch
Captain William White
Colonel Owen Roberts
Regiment of Artillery
First Virginia Continental Regiment
Massachusetts Line
widows
orphans
Register of the Treasury
Comptroller
Notable locations
War Office
Virginia
Massachusetts
South Carolina
Notable items
petitions
mortally wounded
in service
killed
half pay
resolve of Congress
returns
accounts of the states
nonpayment
want of proper application
unliquidated demands
certificate

