American Union Lodge No. 1 - Onondaga and Oswego Masonic ...

1. The half-pay promised by resolution of August, 1780, would, if due at all, have gone to the widow, (who is admitted to have long
survived her husband,) subject to be divested by her marriage; and the evidence does not show that she was married before 1790.
The whole seven years' half-pay must then have vested in her; and the petitioners allege no privity between them and her. They do
not allege that they are her children. Her executors or children only can claim under the act of June 19, 1840.
2. It is barred by limitation, and resolutions of the continental Congress, of November 2, 1785, and July 23, 1787, as construed by
the act of March 23, 1792, sec. 1, (1 Stat., 243 ;) and by the act of February 12, 1793, (I Stat. 301.)
3. There is no evidence that the ancestor of these petitioners was one of those "commissioned by Congress," to which class only
the promises of the resolutions applied. The evidence goes to show that he was in a militia regiment, raised by the State of
Connecticut, for one year.
4. The resolution of August, 1780, requested the several States to make provision for paying the half-pay to the widows and orphans
entitled, and to charge the same to the United States. Connecticut, to which State Jewett belonged, made many payments under
this resolution.—(See Am. State Papers, Claims, pp. 70, 72, cited for petitioner.) If that State, as alleged, failed to pay in this case, it
affords, without explanation, a strong presumption against the claim.
II. The petitioner also claims bounty land under the resolution of September 16, 1776.
1. That resolution was prospective only in its operation, and the officer died before its passage.
2. It applied only to those who were on continental establishment, and it is not shown that this officer was in continental service.
3. It applied only to officers who should engage, or had engaged, for the war ; and this officer was engaged for one year only —(See
resolutions cited by petitioner, and regulations of Pension Office, Form 36, Mayo and Moulton's Pension Laws, p. 601.)
4. The Department of the Interior has authority under the act of February 8, 1854, (10 Stat., 267,) to adjust revolutionary bounty land
claims, and the claim should he presented there before being prosecuted before this court. It was not the object of the act
constituting this court, to assign it any portion of the ordinary duties of the executive departments.
III. The evidence offered is in great part inadmissible under the rules of this court.
JOHN D. MCPHERSON,
Deputy Solicitor Court of Claims.
JOSHUA R. JEWETT vs. THE UNITED STATES.
Judge BLACKFORD delivered the opinion of the Court.
The claimant presents his petition as one of the two surviving children and heirs of Captain Joseph Jewett, deceased. The petition
states that said Joseph Jewett was commissioned by Congress a captain in the army of the revolution in the year 1775; that he
died in the service on or about the 31st of August, 1776, leaving a widow and several children; that the widow is dead, and the
children, with the exception of the claimant and one brother, are dead also.
There are two claims set out in the petition, which are both founded on the services of said Joseph Jewett as a captain in the army
of the revolution.
The first of these claims is for bounty land; and the second, for seven years' half-pay of a captain in the army.
In support of the claim for bounty land, the claimant refers to the following resolutions of the old Congress:
"Resolved, That eighty-eight battalions be enlisted as soon as possible, to serve during the present war, and that each State furnish
their respective quotas in the following proportions, viz:" &c.; "that Congress make provision for granting lands in the following
proportions: To the officers and soldiers who shall so engage in the service and continue therein to the close of the war, or until
discharged by Congress, and to the representatives of such officers and soldiers as shall be slain by the enemy," &c.—(Resolution
of September 16, 1776, 1 Jour, old Cong., 476.)
"Resolved, That the bounty and grants of land offered by Congress by a resolution of the 16th instant, as an encouragement to the
officers and soldiers to engage to serve in the army of the United States during the war, shall extend to all who are or shall be
enlisted for that term."—(Resolution of September 18, 1776, 1 Jour, supra, 479.)
To obtain the bounty land now sued for, the first thing to be proved was, that said Joseph Jewett was a captain, on continental
establishment, in the revolutionary army, and that he was engaged to serve during the war.
The evidence on this subject consists of some ex parte affidavits taken by the claimant in Connecticut in 1849, the claimant's own
affidavit made in 1850, and two certified copies of entries in books in the comptroller's office at Hartford, Conn. The above
mentioned evidence was introduced by the claimant.
Rep. C. C. 123 2
It may he considered, though no commission is shown, that said Joseph Jewett was a captain in actual service at the time of his
death. The evidence above referred to, as relates to his office, is as follows:
The claimant's affidavit states that his father, Joseph Jewett, late of the town of Lyme, county of New London, State of Connecticut,
was a captain in the army of the revolution; that he marched with his company to Roxbury, at the time of the Lexington alarm, as
would appear from records and affidavits accompanying this application; that he was again commissioned as a captain of the 8th
company of the 8th regiment, and marched to Boston to join the American forces at. that place, and again joined the army as a
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