August 1864
Application for State Volunteer Aid
Transcribed by : Tina Easley
There very great misapprehension exsisting among the parents of soldiers, in reference.
to the provisions , Of chapter 117 of
the general laws of 1864 , familiarly known as the Volunteer Aid Law.
For the purpose of correcting this misapprehension,
I submit the following as the proper construction of the law.
Section one provides extra pay of five dollars per month for all enlisted or drafted noncommissioned
officers , musicians and privates, mustered into the service of the United
States.,who were actual residents of the States at the date of enlistment
or being drafted,: and who enlisted in a company or regiment orginized in the States .
Section two defines what the word family ; shall mean , and provides that
a widowed mother actually dependent upon the soldier for support at the date of his enlistment
or being drafted, shall be within the meaning of the law , the family of a soldier
having no wife or children, and if the soldier has no wife or children or widowed mother
and has a father infirm and indigent ,actually and whollv disabled from supporting
himself ,and wholly dependent upon the labor of the soldier for support at the time of
his enlistment or being drafted, he shall be regarded as the family of the soldier, within
the meaning of the law.
In al l cases, the party claiming must be at the time the soldier enlists or is drafted,actually.
dependent upon the soldier for support. A father cannot be said to be actually dependent
upon the labor of a son, unless it shown that he does actually receive his support
from the son. And this rule applies to the case of a mother. In order to entitle
father to the extra pay provided by this law, it must be shown that he is physically disabled,
that he cannot earn enough to provide food and clothing for himself. Ho must
entirely destitute of property from which he derives an income, and without other
means of support than the labor of the son or sons on whose behalf he claims the extra
pay ; and it must be shown that prior to the date of enlistment, and up to the date of the
application, he actually received his support from the son or sons on whose behalf he claims.
In order to entitle the mother to extra pay, it must be shown that she was a widow at the
time the son enlisted or was drafted, and that she continued to be a widow to the date
of the application. And to be a widow within the meaning of the law , the mother must
have been bereaved of her husband by death. A woman divorced from her husband ,is not
entitled. It must be shown that she actually received the surplus earnings of her son prior
to his enlistment, and subsequently up the date of the application, and that the surplus
earnings thus received were necessary
for her comfortable support.
It is manifest that the legislature intended to provide a fund which should be applied by
the family of the soldier, and supply the place of his earnings actually withdrawn by
the enlistment of the soldier. This being the intention of the legislature, it is clear that
father or mother who did not receive his or her support from the son prior to the time he
entered the service of the United States , is not entitled to the extra pay provided by the
law. Tho disability and dependence must exist at the time tho soldier enters the service,
to entitle the parent to extra pay. In a case where the parent derived support from
more than one son, and all the -sons from whom the support was derived are in the service
of the United States,the best course is to apply on behalf of all.
Children under the age of 14 years, dependent upon the father at the time enlisted
or was drafted, (the mother having died or deserted the children either before or
subsequently to the date of enlistment or draft,)are entitled to extra pay, and the person
in whose charge the children may be, can draw tho money. But the children who at
the time the soldier enlisted or was drafted, were supported by the town ,or were being
supported by any other person than the father, cannot be regarded as dependent upon
the father, and are therefore not entitled to extra pay.
A wife to be entitled to the extra pay provided by law , must show that she
was married and living with her husband at the time
he enlisted or was drafted. If married after the soldier is in the service of the United
States, the wife is not entitled to extra pay.
It is the plain duty of every person who makes an affidavit to enable a father or mother
or other person to procure extra pay, to investigate the case until he knows that the
claim is a proper one.
If a person swears falsely in order to enable any other person to procure extra pay,
it is perjury. It is the duty of the justice who administers the oaths, to carefully explain
the nature of the oath to each witness, and to see that the witness fully understands
what the effect of the affidavit is ; and it is the duty of the justice aud chairman to be
satisfied from information, or of their own knowledge,that the claim is within the provisions
of the law. If a justice or chairman certify an, unfounded or fraudulent claim, he
is liable to punishment under section eleven law.
This construction may in some cases operate harshly. If so, it is the fault of the law.
The rule I have laid down is clearly in accordance with the plain provisions of the law.
A large proportion of the claims of fathers have proved, upon investigation, to be unfounded,
and in some instances positively fraudulent. Experience has convinced me that
the form of affidavit now in use for fathers , is
greatly misunderstood, or that the claimants and their witnesses are not very
particular as to the means they use if they can obtain the money. In all new applications,
therefore, the old form of affidavit may be dispensed with, and proof be presented
in such form as the applicant sees fit, stating such facts in reference to the case as
will authorize the Secretaryof State to come to the conclusion that the case is one
within the provisions of the law ; and I suggest tho following facts as necessary to be provided.
1st. The age of the applicant and his physical condition.
2nd. The amount of property of all kinds owned by the applicant, describing it, and if
money at interest ,state how much, and if the property yield an income , how much.
3rd. Did the son or sons actually furnish anything for the support of the father prior
to and what?
4th. Has the father now, or had he at the date of enlistment, any income or means of
support from any source, cxcept what he received
from the son or sons upon whose behalf
he claims?
5th. Can the applicant earn enough to furish him with food and clothing . And if
not, how much can he earn ? And any other facts which will give a full statement of the
father's situation.
These facts must be proved by at least three witnesses, and certified by a Justice of
the Peacc and Chairman of the Board , as hereto fore. This the law Imperatively requires,
and the evidence must show the condition of the father at the time of enlistment,
as well as at the time of application. Lot the answers to each question be such
as to give the Secretary of State a full and complete understanding of the case.
The facts necessary to be proved to entitle a mother to extra pay, are sufficiently indicated
in this circular, and need not therefore be repeated.
All classes of soldiers who were residents of this state at the time of enlistment, whether
enlisted or drafted,or whether in the old regitments or new ,organized within this state,
are entitled to extra pay, if they had families dependent upon them for support at the time
of enlistment.
In all letters of inquiry , the name of the soldier, with his company and regiment, must
be given.
LUCIAS FAIRCHILD.
Secretary of State.
Tina Easley
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