The Secretary of War, to whom were referred the petitions of the Widows, or Children, or the Representatives of the Children of the commissioned Officers herein after named, who were killed or who died while in the services of the United States, during the late war. Respectfully Reports That having investigated the claims severally, and the evidence accompanying the same, as well as the evidence afforded by the public offices, the result is herein submitted. First. That it appears Bernard Elliot deceased, was a Lieutenant Colonel of the South Carolina Regiment of Artillery on continental establishment, and that he died on the 25^th of October 1778, while in public service. That no compensation has been made for the seven years half pay, in such cases allowed by the United States, either to the widow who has since married, or to the only Son of the deceased, in whose behalf the petition is presented. Second. That it appears the late Samuel Wise deceased, was Major of the 3d South Carolina Regiment of Infantry on continental establishment and that he was killed while in public service at the times of Savannah, on the 9^th day of October 1779. That no compensation has been made for the seven years half pay. That the petition states, that Jane Ann Ball, the wife of the petitioner Joseph Ball, is the only child of the deceased Major Samuel Wise, and from the register of her baptism which is produced, I would appear that she was probably about the age of fourteen years at the time of her father's death, and that the petition further states, that the widow of the said deceased is dead. Third. That it appears that Benjamin Huger deceased, was Major of the 5^th South Carolina Regiment on continental establishment, and that he was killed in the services of the United States, while on duty before the lines of Charleston, on the 11^th day of May 1779, leaving a widow and three children. That his said Widow still remains such, and that she has not received any compensation for the seven years half pay, in such cases allowed by the United States. Fourth. That it appears John Bush deceased, was a Lieutenant in the 2^d South Carolina Regiment on continental establishment, and that he was killed in the service of the United States at the lines of Savannah, the 9^th day of October 1779. That the petition states, the deceased left three daughters, but it does not appear whether there was or is, a Widow. And it appears that no compensation has been made for the seven years half pay, in such cases allowed by the United States. Fifth. That it appears Charles Motte deceased, was a Major of the 2^d South Carolina Regiment on continental establishment, and that he was killed in the public service at the lines of Savannah, on the 9^th day of October 1779. That the petitioner states, that there are two minor children, and that the Widow of the deceased has since married. That it appears no compensation has been made for the seven years half pay, in such cases allowed by the United States. Sixth. That it appears that Richard Shubrick, was a Captain of the 2^d South Carolina Regiment on continental establishment, and that he died while in public service on the 8^th day of November 1777. That the petitioner states the Widow of the deceased to have since intermarried, and that the deceased left two Daughters who are now living. That it appears no compensation has been made for the seven years half pay, in such cases allowed by the United States. On due consideration, the Secretary of War is of opinion, that each and every case herein before recited, was fully comprehended in the provision for the seven years half pay, to the Widows or Orphans of deceased Officers, established by the Act of Congress of the 24^th of August 1780. But the lapse of time and other circumstances, since the decease of the said Officers, may possibly occasion some objections to the propriety of Congress complying with the prayer of the said petitions at this period. First, from the consideration, that this subject was recommended to the several States, who it is presumed would have made due provision for their own citizens. more especially, as the allowance was to be at the general expence of the United States. And Secondly, from the consideration, that claims of this nature may be construed as involved in the general resolves of Limitation, relatively to the services and supplies of the late war. But it may be observed with respect to the first objection. That it appears from unequivocal testimony, under the seal of the State of South Carolina, that the said State never in any instance, made provision for the Widows and Orphans of Officers, who were killed or who died in the service during the late war. The six before recited petitions are from the said State. How far the second objection is well founded. that is, Whether claims of this nature are involved in the limitation acts, is submitted to Congress. The Secretary of War, humbly offers it as his opinion, that the interest, dignity and justice of the United States, combine to oppose a rigid construction of the resolves of Limitation applying to the cases of Widows and Orphans, whose obscure and helpless situation prevented a proper application in due time. The reasons for this opinion are given at large, in a Report to the House of Representatives on the 14^th of February last, on the case of sundry Widows and Orphans — an extract of which is hereunto annexed. But if any doubts should be entertained upon this subject, the act of Congress passed the 11^th of August 1790, in favor of Frances Eleanor Lawrens, the orphan Daughter, of the late Colonel John Lawrens, who was killed while in the service of the United States, would seem to dissipate them. For the circumstances of that case differ in no essential particular, from the cases herein reported. If Congress therefore should please to grant the prayer of the before mentioned Widows and Children of the said Officers, who were killed, or who died while in the service of the United States, it might be proper to direct, that the Comptroller of the Treasury should adjust the claims for the seven years half pay, stipulated by the Resolve of Congress of the 24^th of August 1780, and the Register of the Treasury issue his Certificates accordingly, to the Widows or Orphan Children as the cases respectively may be of the late Lieutenant Colonel Bernard Elliot of the Artillery, Major Samuel Wise, Major Benjamin Huger, Lieutenant John Bush, Major Charles Motte, and Captain Richard Shubrick, deceased, all of whom were either killed or died while in the service of the United States. All which is humbly submitted to the Senate of the United States. H. Knox Secretary of War. War Department 23^d November 1791