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Mexico, and who served out the term of their engagement, or have been or may be honorably discharged-and first to the widows, second to the children, third to the parents, and fourth to the brothers and sisters of such who have been killed in battle, or who died in service, or who, having been honorably discharged, have since died, or may hereafter die, without receiving the three months' pay herein provided for-shall be entitled to receive three months' extra pay; Provided, That this provision of this fifth section shall only apply to those who have been in actual service during the

war.

[Approved, July 19, 1848.]

CHAPTER 108.-Approved, July 21, 1848.-Vol. 9, p. 249.

An Act amending the Act entitled "An Act granting half pay to widows or orphane, where their husbands and fathers have died of wounds received in the military service of the United States," in case of deceased officers and soldiers of the militia and volunteers, passed July fourth, eighteen hundred and thirty-six.

1. Provisions of the act of July 4, 1846, chap. 362, granting half pay to widows or orphans, &c., made applicable to all widows or orphans of officers, soldiers, &c., who were in the army 1 March, 1846, and during the present war with Mexico. 2. Widows and orphans herein provided for to receive the same rate of pensions as is provided for in the above act. Proviso. Proviso. 3. Pensions under this act to be granted under such rules, &c., as the Secretary of War may prescribe.

That the provisions of the first section of the act entitled "An act granting half pay to widows or orphans, where their husbands and fathers have died of wounds received in the military service of the United States, in certain cases, and for other purposes," approved July fourth, eighteen hundred and thirty-six, shall be applicable to all widows and orphans of officers, noncommissioned officers, musicians, and soldiers of the army of the United States, who were in the army of the United States on the first day of March, eighteen hundred and forty-six, or at any subsequent period during the present war between the United States and Mexico.

SEC. 2. That all widows and orphans of officers, non-commissioned officers, musicians, and privates, whether of the regular

1 To be settled, by Res. No. 9, 29 July, 1848, by pay department, but now by the second auditor of the treasury, by Resolution No. 9, 25 July, 1850.

The proviso in the 3d section was repealed by 2 March, 1849, chap. 83, as to adjutant-general's department, and the medical staff was increased by the 2d section thereof; and the ten additional paymasters seem to be retained by 2 March, 1849, chap. 80.

2 Chap. 362.

army or of volunteers, who have died since the first day of April, one thousand eight hundred and forty-six, or who may die1 during the war with Mexico, from wounds received or from disease contracted while in the line of duty, shall be entitled to the same rate of pension as is provided for in the first section of the before-mentioned act, under like limitations and restrictions: Provided, Said death has occurred, or may hereafter occur, while said officers, non-commissioned officers, musicians, or privates were in the service of the United States, and in the line of duty; or while returning to their usual place of residence in the United States, after having received a discharge upon a surgeon's certificate for disability incurred from wounds received or disease contracted while in the line of duty, or while on their march to join the army in Mexico: And provided, further, That this act shall not be applicable to the widows and orphans of such officers, non-commissioned officers, musicians, or privates, who have not served in Mexico, or at posts or stations on the borders of Mexico; except where such officers, noncommissioned officers, musicians, or privates have died while on their march to join the army in Mexico.

SEC. 3. That all pensions under this act shall be granted under such rules, regulations, restrictions, and limitations as the Secretary of War, with the approbation of the President of the United States, may prescribe.

[Approved, July 21, 1848.]

CHAPTER 120.-Approved, July 29, 1848.-Vol. 9, p. 265.

An Act for the relief of certain surviving widows of officers and soldiers of the revolu

tionary army.

1. Certain widows of revolutionary officers and soldiers, &c., to be entitled to a pension of equal amount to that their husbands would be entitled to if living. No widow now receiving a pension to be entitled to a further pension under this act. 2. No mortgage, sale, assignment, &c., of claims under this act to be valid. Rules of evidence.

That the widows of all officers, non-commissioned officers,

1 Or be discharged, or had remained till death, or have died from wounds or disease: 22 Feb. 1849, chap. 72, and Res. No. 20, 28 Sept. 1850.

2 Or, if the rolls show the disease, with surgeon-general's certificate, Res. No. 14, 3 March, 1849.

musicians, soldiers, mariners, or marines, and Indian spies, who shall have served in the Continental line, state troops, volunteers, militia, or in the naval service, in the revolutionary war with Great Britain, shall be entitled to a pension, during such widowhood, of equal amount per annum that their husbands would be entitled to, if living, under existing pension laws; to commence on the fourth day of March, eighteen hundred and forty-eight, and to be paid in the same manner that other pensions are paid to widows; but no widow now receiving a pension shall be entitled to receive a further pension under the provisions of this act; and no widow married after the first day of January, one thousand eight hundred, shall be entitled to receive a pension under this act.

SEC. 2. That any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest, in any way granted by this act, shall be utterly void and of no effect, nor shall the annuities or pension granted by this act be liable to attachment, levy, or seizure by any process of law or equity, but shall inure wholly to the personal benefit of the pensioner or annuitant entitled to the same. The same rules of evidence, regulations, and prescriptions shall apply and govern the commissioner of pensions and pension agents under this act as now2 prevail under existing pension laws which relate to widows of revolutionary officers and soldiers.

[SEC. 3. This act to take effect immediately.] [Approved, July 29, 1848.]

CHAPTER 168.-Approved, August 12, 1848.-Vol. 9, p. 303.

An Act concerning the pay department of the army.

That the paymaster-general be, and he is hereby, authorized to allow any of the paymasters of the army, who shall have been employed in the payment of volunteers, during the late war with Mexico, such a commission, not exceeding one-half of one per centum on all sums disbursed by them as aforesaid, as he shall deem a reasonable compensation for the risk and labor attending such service: Provided, That the said commission to any one paymaster shall not exceed $1000 per annum, from the commencement to the close of the war.3

17 June, 1832, chap. 126.

27 July, 1838, chap. 189; 23 August, 1842, chap. 191; 2 February, 1848, chap. 8. 3 See chap. 224, 14 July, 1834. This allowance was only during the Mexican war,

SEC. 2. That the said paymaster-general may, in his discretion, allow to any paymaster's clerk, in lieu of the pay now allowed by law, an annual salary of seven hundred dollars.1

[Approved, August 12, 1848.]

CHAPTER 173.-Approved, August 14, 1848.-Vol. 9, p. 304. An Act making appropriations for the support of the army, for the year ending the thirtieth of June, one thousand eight hundred and forty-nine.

SEC. 2. That the act entitled "An act to authorize an increase of the rank and file of the army of the United States," approved May 13, 1846, be, and the same is hereby, repealed: Provided, That the President of the United States may, by transfer from other regiments, increase the number of privates, of not more than five regiments, to such number as he may think discreet, not exceeding 100 privates to each of the companies of said five regiments.

SEC. 3. That any more commissioned [non-commissioned] officer, musician, or private in the regiment of mounted riflemen, who has been in service in Mexico, shall, on application, receive an honorable discharge from the service of the United States, and stand as if they had served out their respective terms: Provided, That any vacancy caused by such discharge shall be filled at the discretion of the President of the United States.

CHAPTER 180.-Approved, August 14, 1848.-Vol. 9, p. 332.

An Act in relation to military land warrants.

That any non-commissioned officer, musician, or private, or his widow or heirs, who shall receive and hold in his own right a land warrant, issued by the Government of the United States for military service, may locate the same in on legal subdivision, on any public land subject to private entry, taking said land at the price at which the same is subject to private entry, and reckoning the warrant at one dollar and twenty-five cents per acre for the number of acres therein contained, and paying the balance, if any, in money; but no claim shall exist on the government to pay for any balance on said warrant in money.

1 And one ration per day on duty, by sec. 5, chap. 110, 31 Aug. 1852; and that commuted at 75 cents per day.

2 Chap. 17.

RESOLUTION 2.-Approved, March 9, 1848.-Vol. 9, p. 333.

Joint Resolution expressive of the thanks of Congress to Major-General Winfield Scott, and the troops under his command, for their distinguished gallantry and good conduct in the campaign of eighteen hundred and forty-seven.

That the thanks of Congress be, and they are hereby, presented to Winfield Scott, major-general, commander-in-chief of the army in Mexico, and, through him, to the officers and men of the regular and volunteer corps under him, for their uniform gallantry and good conduct conspicuously displayed at the siege and capture of the city of Vera Cruz, and Castle of San Juan de Ulloa, March 29, 1847; and in the successive battles of Cerro Gordo, April 19 and 20; and the victories achieved in front of the city of Mexico, September 8, 11, 12, and 13, and the capture of the metropolis, September 14, 1847, in which the Mexican troops, greatly superior in numbers, and with every advantage of position, were in every conflict signally defeated by the American arms.

SEC. 2. That the President of the United States be, and he is hereby, requested to cause to be struck a gold medal, with devices emblematical of the series of brilliant victories achieved by the army, and presented to Major-General Winfield Scott, as a testimony of the high sense entertained by Congress of his valor, skill, and judicious conduct in the memorable campaign of 1847.

SEC. 3. That the President of the United States be requested to cause the foregoing resolutions to be communicated to Major-General Scott, in such terms as he may deem best calculated to give effect to the objects thereof.

RESOLUTION 4.-Approved, March 24, 1848.-Vol. 9, p. 334.

[In all applications for bounty land warrants, the honorable discharge of the applicant predicated on a surgeon's certificate to be deemed sufficient evidence.]

RESOLUTION 7.-Approved, May 9, 1848.-Vol. 9, p. 334.

Joint Resolution of thanks to Major-General Taylor.

That the thanks of Congress are due, and they are hereby tendered, to Major-General Zachary Taylor, and, through him, to the officers and soldiers of the regular army, and of the volunteers under his command, for their valor, skill, and good conduct conspicuously displayed on the 22d and 23d days of February last, in the battle of Buena Vista, in defeating a Mexican army of more than four times their number, consisting of chosen troops, under their favorite commander, General Santa Anna.

That the President of the United States be requested to cause to be struck a gold medal, with devices emblematical of this splendid achievement, and presented to Major-General Zachary Taylor, as a testimony of the high sense entertained by Congress of his judicious and distinguished conduct on that memorable occasion.

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