Page:U.S. Department of the Interior Annual Report 1873.djvu/80

760 The present neglected condition of pension claims of the heirs of Indians of the Cherokee and Greek nations, who served in the Union army during the war of 1861, seems to me so wholly irremediable under existent laws, as to warrant the consideration of some further legislation tor their relief The preparation of these claims almost exclusively by one attorney, was in such disregard of the laws and departmental regulations thereunder as to prompt investigation in the vicinage of the claimants, and said investigations, (the results of which are included in the report of Indian affairs committee, No. 96, second session forty-second Congress, and the report of the same committee, No. 98, third session forty-second Congress,) while they satisfied this office that the Indians themselves had not attempted fraud, induced the conclusion that the requirements relative to the execution of applications, and the character of evidence of marriage should be modified, and that the limitations as to time of filing, and the period for completion of the claims, not supported by record evidence as to cause of death, should be extended. Both these changes were made by provisions in the act of March 3, 1873.

The legal modifications to which reference is above made do not overcome the difficulties to which the Indian claimants are subjected by reason of their marriage customs, and the laxity of their regulations respecting records of births and deaths, as well as the loose manner in which the regimental and company records of the said soldiers were kept; and it seems hardly possible to alter the general pension law so as entirely to accomplish the removal of those obstacles. But I am of the opinion that the law might be so amended as to provide that where the records show enlistment, and there is proof of death during the term for which the soldier enlisted, from any cause incident to the service, further evidence, either record or parol, as to service and death, shall not be required; that some more specific and applicable requirement as to marriage might be established; and further, that evidence of the care and custody of minors, with such other proof as is available from the Indian records, shall he accepted as evidence of guardianship, with such distinction as may seem proper where the mothers have been the parties in charge.

The changes which have transpired in the Indian Territory since the origin of these claims, by reason of which the United States Government has virtually acquired a practical and political jurisdiction not heretofore had, seem to render the execution of these suggestions more feasible and desirable.

Believing that the general policy of the Government in providing for pensions to those who suffer by reason of service in the Army or Navy, and the progress which has thus far been made in liberalizing and in the execution of that policy, should be present, in a brief and comprehensive shape, to those who may desire any further changes thereof, and that a general review of the laws which have been enacted will best secure that presentation, the annexed has been prepared.

The resolutions of the Continental Congress, of August 26, 1776, and April 23, 1782, form the basis of the pension system of the United States.