Journals of the Continental Congress Friday, September 25, 1778

Whereas Congress, by a resolve passed on the 26th of August, 1776, made provision for commissioned and non-commissioned officers of the army and navy, as also for private soldiers, marines, and seamen, who should thereafter lose a limb in any engagement, or be otherwise so disabled in the service of the United States of America, as to render them incapable afterwards of getting a livelihood; and, whereas, divers officers, and others, have lost limbs, or been otherwise disabled as aforesaid, before the said 26th of August, to whom the like relief ought equitably to be extended:

Resolved, That all provisions and regulations contained in the said resolve of the 26th of August, 1776, shall extend to all persons who lost a limb or were otherwise disabled as aforesaid in the service of the United Colonies or States of America, before the said 26th of August, and since the commencement of hostilities on the 19th of April, 1775.

And whereas doubts may arise in some cases, whether certain persons maimed or disabled and claiming pensions, were at the tune in the service of the said colonies or states: for removing the same,

Resolved, That every commissioned and non-commissioned officer and private man who, since the commencement of hostilities, as aforesaid, has been, or hereafter shall be, drawn forth for the common defence, (and not for the service of any particular State,) or who has turned out, or shall hereafter turn out, voluntarily to oppose the enemies of the said United Colonies or States, upon anysudden attack or evasion, or upon any enterprize carried on under their authority, and in such service has lost or shall lose a limb, or has been or shall be otherwise disabled as aforesaid, shall be entitled to the pension allowed in the said resolve of the 26th of August, 1776; provided, that any such commissioned or non-commissioned officer or private man, being found capable of doing guard or garrison duty, shall be subject thereto, and serve in the corps of invalids when required, or on refusing so to do, shall be struck off the list of pensioners; unless the person so refusing have a family, or be otherwise peculiarly circumstanced, and the governor or president and council of the State he belongs to, or in which he resides, are of opinion an exception should be made in his favour, and an exemption granted him from such service, a certificate of which opinion he shall produce, previous to his receiving his pension.

And whereas it may happen, that many persons, maimed or disabled as aforesaid, by reason of their falling into the hands of the enemy, the deaths of their officers and surgeons, or other accidents, may not have it in their power to procure the certificates required by the aforementioned resolve, to entitle them to their pensions,

Resolved, That in such cases application be made to the governor or president and council of the State to which any person maimed or disabled as aforesaid belongs, or or in which he resides, and upon shewing to him or them satisfactory proof, that he was maimed or disabled in the manner before mentioned, and producing his or their certificate thereof, he shall be entitled to and receive a pension in like manner as if he produced the certificates required by the said resolve.

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