Document Signed

Seven Years Half Pay for Widows and Children of Officers who Died in Service

Report on the right to seven years half pay, in response to a petition of the children of the late Lieutenant John Harris, the late Captain Robert Lewis, the late Doctor David Gould and also of Hannah Douglas the widow of the late William Douglas. Discusses each individual petition, requiring sufficient evidence of each that the deceased was in the service of the United States at the time of death.

1790

06

21

War Office

Published: American State Papers, House of Representatives, 1st Congress, 2nd Session, Claims: Vol. 1, 20-22.

Henry Knox

widow

orphan

children

Lieutenant John Harris

Captain Robert Lewis

Doctor David Gould

Hannah Douglas

Colonel William Douglas

Second Connecticut Regiment

Colonel Charles Webb

Legislature of Connecticut

surgeon

Hospital Department

Doctor William Rickman

senior surgeon

Thomas Bond, Jr

General Muhlenberg

hospital physicians and surgeons

invalids

President and Secretary of Congress

David Humphreys

House of Representatives

War Office

Connecticut

Virginia

Philadelphia

Morristown

New Haven

pension

pay

half pay

killed in action

seven years' half pay

application

resolve of Congress

invalid pensions

poverty

doubt

muster rolls

commission

petition

charges

vouchers

salaries

evidence

pay table

1790062100001

1

No 10
1 Cong 2 sess
[Apr] 10 [1790] at June 21 1790
Lt John Harris
Capt Robert Lewis
Dr David Gould
Hannah Douglas
Claims
Vol 1 Page 20 No 10
1st Congress
(page 178 Dec 10)
10
The Secretary of the United States for the Department of War, to whom were referred the petition of the children respectively of the late Lieutenant John Harris, the late Captain Robert Lewis, the late doctor David Gould, & also of Hannah Douglas, the widow of the late Colonel William Douglas,
Reports,
That if appears from the muster rolls that John Harris was a lieutenant in the 2nd Connecticut regiment, & that he was killed in a [illegible] with the enemy in the month of December 1777 & that there being no widow, the children of the said Lieutenant John Harris are justly entitled to seven years half pay of their late father, by the following resolve of Congress of the 24th of August 1780.
"The the resolution of the 15th day of May 1778 granting seven years half pay to the "officers of the army, who should continue in service to the end of the war, be extended to the widows of those officers who have died, or shall hereafter die in the service, to commence from the time of such officers' death, & continue for the term of seven years; or if there be no widow, or in case of her death, or inter-marriage, the said
10 2
half pay be given to the orphan children of the officers dying as aforesaid, if he should have left any, and that it be recommended to the legislature of the respected states, to which such officers belong to make provision for paying the same on account of the United States."
That it does not appear that any application has been previously made in this case either to the state of Connecticut or to the United States.
The Secretary of War conceived, that the resolve of Congress of the 2nd of November 1785, limiting the claims for military services, and the resolve of the 11th of June 1788, limiting the claims for invalid pensions ought not to be construed or comprehend cases of this nature. The interests of the orphan children are too often sacrificed to the negligence, or bad conduct of those who ought to assist them. But the petitioners, young & helpless, were at once, by the sudden death of their father, involved in obscurity & poverty, without a friend to guide them or protect them, & of course no person to apply in their behalf, for the benefit of the aforesaid resolve.
The Secretary of War, is therefore "humbly of opinion, that this is a case, in which justice, policy & humanity unite to dictate, that the original stipulations of Government should be faithfully performed, and to this [end, that
10 3
there should be a provision made for paying the children of the late lieutenant John Harris deceased, who was killed in the service of this his country, during the late war, the sum of one thousand one hundred and twenty dollars being the amount of the lieutenants half pay for seven years, agreeably to the resolve of Congress of the 24th day of August 1780.
That it appears from the evidence herewith submitted, marked No 1 to 7 inclusively, that Captain Robert Lewis, was an officer in the service of the United States, during the years 1775 & 1776, & that he was appointed in Colonel Charles Webbs regiment, on the establishment of 1777, & recruited soldiers for the service & that he died on the 22nd day of March 1777, without having had mustered having joined his new regiment.
The doubt which might might be suggested in this case is, whether the evidence produced is sufficient to supply the place of the muster rolls, as to the past of Captain Robert Lewis being in actual service at the time of his death, the regiment not having been mustered until an after period.
On this point the Secretary of War observes that the commission of Captain Lewis, dated the 1st day of January 1777, herewith submitted, must be considered as strong evidence, & but little inferior to the muster role as to the fact of his leaving been on the establishment of 1777. This evidence is supported & explained by the
10 4
certificate of Colonel Charles Webb, a man of respectable character, and by such affidavit, & collateral widowed [h]as convinced the Secretary of War that the late Captain Robert Lewis, was at the time of his death an officer in the service of the United States.
That it appears by the evidence that the Legislature of Connecticut have been petitioned on this subject, that the lower house granted the prayer of the petition, but that the upper house refused there concurrence.
The Secretary of War was so of opinion, that the children of the late Captain Robert Lewis are entitled to the benefits, printed and by the resolve of Congress on the 24th of August 1780, & that accordingly it would be proper to make provisions for paying to the said children, the sum of one thousand six hundred & eighty dollars, being the amount of a captain's half pay for seven years, agreeably to the said resolve.
That Doctor David Gould was appointed a surgeon in the hospital department of Virginia, on the 11th day of October 1779, and that it appears, he died on the 12th of July 1781, while on his way to Philadelphia to settle his account, agreeable to the resolve of Congress of the 6th of February 1781.
That the petitioner, son of the said Doctor David Gould, prays 1stly that he may have accrued certain sum charged by his late father, but for which, no regular vouchers can be found. 2ndly That the commutation of half pay for life
10 7
may be granted him to which his father would been entitled, had he lived & continued in service.
On these specified objects of the petitioner, the Secretary of War observed;
1st. That, in his opinion, the charges which are unsupported by vouchers, are not attached with and peculiar circumstances, as to require justly, an interference of the Legislature of the United States, but they ought to be adjusted in the usual mode at this treasury.
2ndly That the petitioners father having died previously to the end of the war, was not entitled by any stipulations of the public to half pay for life.
But the Secretary of War conceives, that if the fact be fully established that the late Doctor David Gould was in the service of the United States at the time of his death, that the petitioner would be entitled to the seven years half pay, stipulated by the resolve of the 24th of August 1780.
In support of this point the following evidence is herewith submitted; 1st. The appointment of the petitioner's father, a senior surgeon, on the 11th of October 1779, by Doctor Rickman, deputy Director general, he having authority to make such appointment, by the resolve of Congress of the 10th of May 1770.
2ndly The resolve of Congress of the 6th of February 1780, "That Thomas Bond Jr , Purveyor to the general hospital, be & he is hereby authorised & directed to settle the account for Salaries and
10 8
pay of the officers of the hospital department established in Virginia, under the direction of David Gould, which have accrued since the new arrangement of the medical department & that Doctor William HIckman, late deputy director settle & return the salaries due the officers of the said hospital, prior to that date, to the present purveyor."
3rdly The leave of absence obtained by Doctor Gould from Major General, The Marquis De La Fayette, dated the 20th of June 1781 for the purpose of repairing to Philadelphia in order to settle his accounts.
4thly The certificate of General Muhlenberg, that the petitioner's father was in service, the latter part of the year 1780, and in 1781.
5thly The evidence that the State of Virginia made up the depreciation of Doctor Gould's pay, to the 11th of July 1781 the day previously to which it is stated that he died
But the new arrangement of the hospital department, on the 30th of September 1780, and the election of the officers in consequence therefor, on the 7th of October following, may, in a degree, be considered as opposed to the before recited evidence, as the said arrangement & election specify the number & names of hospital physicians & surgeons to be employed, among whom the name of the petitioners father does not appear.
But notwithstanding the said arrangement & election of officers therein, it is decisively proved by the before recited evidence that Doctor David Gould was in service on the 20th day of June 1781 when he
10 7
obtained permission to repair to Philadelphia to settle his accounts.
The Secretary of War on duly weighing the circumstances of the evidence, is of opinion, that it would be just to consider the petitioner's father as in public service at the time of his death; and that in pursuance of this opinion, it would be proper to make provision for paying to such of the orphan children of the late Doctor David Gould, who died in service during the late war; as were living at the time of his death, or their legal representatives, the sum of one thousand six hundred and eighty dollars, being the amount of half pay of a captain for seven years, the same being the ratio established as the half pay of a surgeon by the resolves of congress of the 7th of January 1781.
In delivering this opinion the Secretary of War, is aware, that there are two circumstances which may be stated as objections to the adoption thereof. The first of which may arise from a construction of the resolve of Congress of the 10th of May 1778 originally stipulating the seven years half pay, which seems to confine the service of military officers. But as the subsequent resolves of Congress intended the half pay for seven years, to half pay for life, & as the resolve of the 7th of January 1781 expressly embraces & defines the Officers of the hospital department, it may be fairly inferred to have been the full intention of Congress, that the said officers should have been placed on an equal footing with the officers of the army, in
10 8
respect to those distinct rewards which were held on as inducements to continue in service; & accordingly the same sort of provision appears justly to have been made, in several instances by the states, for the widows & orphans of the officers of the hospital department, as for widows & orphans of the military officers.
Another objection to the adoption of the opinion [after?] contained in this report may arise from the construction of the resolves of Congress of the 2nd of November 1785, & of the 11th of June 1781, limiting claims for military services & for persons as invalids.
But the minority of the petitioner, at the time of his father's death & the omission of those entrusted with his father's estate, may be mentioned as reasons why a proper application has been delayed until the present opinion.
It however appeared, that the petitioners in the year 1786, as soon as he comes to the age of manhood, endeavoured to avail himself of the sums due to his late father, & for that purpose, made application to the commissioner for settling the accounts of the hospital department, & to the commissioner of Army accounts, But for want of sufficient information, he failed in directing his enquiry to the proper object.
That by the evidence herein after specified, it would appear that the late William Douglass was appointed on the 11th day of October 1776, a Colonel in the continental army, in the arrangement of 1777, agreeably to the resolves of Congress of the 16th of September 1776.
10 9
That it appears, the said Colonel Douglass died in the month of May 1777, without having been mustered.
That the following evidence is produced in order to supply the deficiency of the muster rolls.
1st His commission, signed by the President & Secretary of Congress & issued at New Haven, the 11th of October 1776.
2ndly A letter from the Commander in Chief, dated Morristown, the 12th of March 1777.
3rdly A certificate from David Humphreys, who was a captain in Colonel Douglass' regiment in 1777.
4thly A certificate from the pay table of Connecticut, stating that an allowance has been made by the said State, of the pay of the said Colonel William Douglass, from the 1st day of January to the 27th day of March 1777.
That in the opinion of the Secretary of War, the said evidence proved, that the petitioner's husband was a Colonel in the service of the United States at the time of his death, and that therefore, it would be proper to make provision for paying to Hannah Douglass, the widow of the late Colonel William Douglass, who died in the service of the United States, during the late war, the sum of three thousand one hundred & fifty dollars, being the amount of a Colonel's half pay for seven years, agreeably to the resolve of Congress of the 24th day of August 1780.
That is appears, by the papers which accompany the petition, that application was made to the Legislature of Connecticut, on the subject in the year 1786, & that the lower house granted
10 10 all 10
the prayer of the petitioner, but that the upper house refused its concurrence.
That it also appears by the said papers, that in the year 1787, a petition was preferred to Congress on the same case, & a report made thereon, but on which there was no decision.
That it appears to be the opinion delivered in said report, that the resolved of Congress of August 24th 1780, being founded on the resolve of the 15th of May 1778, confers no right to the widows or orphans of any officers, who were not in service on, or after the said 15th day of May 1778.
But the Secretary of War conceives, that the true intent & meaning of the said resolve of August 24th 1780 was to extend the seven years half pay to the widows & orphans of all continental officers who had died, or should thereafter die in the service & that the reference to the resolve of the 10th of May 1778, was principally, if not entirely, to establish the ratio of the widows & orphans pensions.
And this construction appears to have governed the conduct of the States respectively, in complying with the aforesaid resolve of Congress of the 24th of August 1778, as will more fully appear by the list accompanying this report.
All which is humbly submitted to the House of Representative.
War Office June 21st 1790
H. Knox
Secretary of War