91st PA: Samuel Wilson 2nd

Samuel Wilson 2nd

Before the war

He was born in 1821/22. [sources: date: 3 (39 in 1861), 12 (39 in 1861)]

When he enlisted, he was living in Philadelphia, Pennsylvania. [source: 12]

During the war

He enlisted and was mustered into service, at Philadelphia, Pennsylvania, on 29 October 1861 (or 16 September 1861 or 15 August 1861). He was mustered in as a private, in company B. [sources: 1 (29 Oct 61), 3 (29 Oct 61), 4 (16 Sep 61), 8 (15 Aug 61), 10 (D + B), 11 (co.B, 29 Oct 61), 12 (co.B, 29 Oct 61)]

He was transferred to company D. [source: 10 (implicit)]

While in Philadelphia, he refused to run after a soldier who ran away from Corporal Patterson (probably James/Samuel Patterson, since Thomas Patterson was in company B), who then cut him in the head with a saber. [source: 4]

He was treated at various times in the regimental hospital for intmittent fever and debility between 13 May and 11 August 1862. He was present with his company until 6 August 1862. [source: 4]

On 21 August 1862, he was transferred to a hospital in Alexandria, Virginia, with chronic bronchitis. In July 1862, he fell down stairs while on duty in Alexandria, Virginia. He fell while on a detail looking for contraband goods in the engine-house on the corner of Fairfax and Queen Streets, in Alexandria, Virginia. This fall injured his left hip. He was off duty beginning 25 July 1862. [source: 4]

On 1 September 1862, he was transferred to Portsmouth Grove Hospital, Rhode Island. [source: 4]

He was discharged at Providence, Rhode Island, on 8 December 1863 or on 8 December 1862 on surgeon's certificate of disability, because of ascites and chronic nephritis. He was a private, in company D. [sources: 1, 2 (medical board), 3, 4 (8 Dec 1862), 8 (8 Dec 62), 10]

He seems to have been dropped as a deserter on 3 July 1864. [source: 13]

After the war

On 20 October 1879, he applied for a pension, based on two saber cuts in his head. On 21 March 1883, he applied again for a pension, based on an injury to his left hip. [sources: 4, 5]

A medical exam did find that his hip was injured, and he could not bear the weight of his body on his left leg. Further, the special examiner recommended allowing the claim based on his hip injury, but apparently not the claim based on the saber cuts, since they resulted only in slight disability. However, the Pension Office rejected his application, because he could not prove that he injured his hip in the line of duty. [source: 4]

In May 1890, the Senate Committee on Pensions recommended approving a bill granting him a pension. The act granting him the pension was approved on 24 June 1890. [sources: 4, 6]

In 1890, he was living in St George, Knox County, Maine. He had a stiff hip joint, and couldn't put on his own shoes or stockings. [source: 8]

On 15 November 1890, he applied for an increase of pension to $24 per month. [source: 7]

On 9 May 1894, he had a medical examination. On 17 September 1894, his application for pension increase was approved, retroactive to 9 May 1894. [source: 7]

In 1894, Susan Wilson, guardian of the children of John N Hawks alias James Clark (D), contacted him for help with her pension application on their behalf. He was living in Martinsville, Knox County, Maine. He apparently did not provide her with an affidavit (perhaps because he was unable to confirm that Hawks and Clark were the same person). [source: 9]

The Pension Bureau certified a fee of $2 for his attorneys, although his contract with them specified a fee of $10. His contract antedated the law approved 3 March 1891, limiting fees for increase of pension to $2. It was therefore valid. However, the Pension Bureau certified a fee of only $2. [source: 7]

He died on 10 June 1899, at Saint George, Maine. [source: 5]

On 23 November 1899, his attorneys appealed the Pension Bureau's certification of a fee of $2. On 31 January 1900, the Department of the Interior overturned the Pension Bureau's decision regarding his attorneys' fees, and certified a fee of $10. [source: 7]

Sources

1 Bates, Samuel Penniman. History of Pennsylvania volunteers, 1861-5. Harrisburg: B. Singerly, state printer, 1869-71. 5 volumes. 'Ninety-first regiment', volume 3, pages 186-233. (In the roster) (Sam'l Wilson 2nd)

2 company D, register of men discharged, entry 2 (Samuel Wilson)

3 Civil War Veterans' Card File, available at the Pennsylvania State Archives, searched 10 August 2004 (Samuel Wilson 2nd)

4 Senate report 1163, 27 May 1890, Serial Set 2709, 51st Congress 1st session, session volume 7 (Samuel Wilson)

5 pension index, by regiment, 91st PA Infantry, company D (Samuel Wilson)

6 An act granting a pension to Samuel Wilson, Statutes at Large volume 26 page 1200 (Samuel Wilson)

7 Decisions of the Department of the Interior in appealed pension and bounty-land claims 10 (1900) 412-413 (Samuel Wilson)

8 1890 US census, veterans' schedule, Maine, Knox County, St George, supervisor's district 2, enumeration district 207, page 2 (Samuel Wilson)

9 Navy pension certificate file, National Archives and Records Administration, record group 15, microfilm series M1469, certificate 13952, John N Hawks [see especially page 23] (Samuel Wilson)

10 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Samuel Wilson no 2)

11 Bates, Samuel Penniman. History of Pennsylvania volunteers, 1861-5. Harrisburg: B. Singerly, state printer, 1869-71. 5 volumes. 'Ninety-first regiment', volume 3, pages 186-233. (In the roster) (Samuel Wilson)

12 Civil War Veterans' Card File, available at the Pennsylvania State Archives, searched 29 June 2004 (Samuel Wilson)

13 consolidated morning report, 91st PA, 3 July 1864 (Private Wilson)

Sources checked unsuccessfully

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Samuel Wilson 2nd in the 91st PA database

Senate report 1163

[Senate report 1163, 27 May 1890, Serial Set 2709, 51st Congress 1st session, session volume 7]

SENATE.
51st Congress, 1st Session.
REPORT No. 1163

IN THE SENATE OF THE UNITED STATES
MAY 27, 1890.--Ordered to be printed.

Mr. BLAIR, from the Committee on Pensions, submitted the following
REPORT:
[To accompany H.R. 1564.]

The Committee on Pensions, to whom was referred the bill (H. R. 1564) granting a pension to Samuel Wilson, have examined the same and report:

The report of the House committee hereto appended is adopted and the passage of the bill recommended.


HOUSE REPORT.

The Committee on Invalid Pensions, to whom was referred the bill (H. R. 1564) granting a pension to Samuel Wilson, submit the following report:

Mr. Samuel Wilson is shown by the records of the War Department to have enlisted in Company D, Ninety-first Pennsylvania Volunteers, on September 16, 1861; to have been present with his command to August 6, 1862; that he was treated in regimental hospital at various times between May 13 and August 11, 1862, for intermittent fever and debility; that he entered hospital at Alexandria, Va., August 21, 1862, with chronic bronchitis, transferred to Portsmouth Grove Hospital September 1, 1862, and discharged from said hospital December 8, 1862, on a surgeon's certificate of disability by reason of "ascites and chronic nephritis. Was on guard at Alexandria, Va., guard-house, second division, and fell down stairs in July 1862, from which time he dates his complaint. Disability, one-half. Off duty since July 25, 1862."

He filed a claim in the Pension Office October 29, 1879, based upon two saber cuts on his head, causing pain and dizziness; one of these cuts inflicted by Corporal Patterson, of his regiment, while at Philadelphia, Pa., because Mr. Wilson would not run after a soldier who had run away from the corporal; the other cut received while in a charge at Fair Oaks, Va.

On March 21, 1883, he filed another claim on account of injury of left hip received while on a detail to look for contraband goods in the engine-house, corner Fairfax and Queen streets, Alexandria, Va., by falling down in the dark, and that this occurred some four weeks before being sent to the Portsmouth Grove Hospital from the field hospital, at Alexandria, thereby fully corroborating the record which showed him transferred to Portsmouth Grove Hospital as early as September 1, 1862.

The claim was specially examined by the Pension Office in 1888. Mr. Wilson, having declared his inability to show incurrence of the hip injury, in line of duty, by any members of his company and being informed by the Pension Office that the men, with the exception of two who were with him on that detail, are dead.

The testimony of Mr. Wilson's wife, his daughter, and that of eleven neighbors and employers was taken by a special examiner of the Pension Office showing that since the fall of 1864 (and the wife dates her testimony back to date of discharge) Mr. Wilson has been a sufferer from lameness and affection of left hip, and greatly disabled thereby, and Mrs. Wilson also testified to the existence of the two saber cuts.

The evidence obtained also shows that about 1862 Mr. Wilson fractured a rib, but that same in no wise affected or aggravated the injury to the left hip.

[page 2]

A medical examination of soldier found a cicatrix to the right of the median line of the right parietal and injury to left hip, unable to sustain weight of body on left leg, but finds no sign of injury to ribs.

The claim was rejected in the Pension Office on the ground of no record of the saber cuts or evidence showing incurrence in service, and that on account of injury of hip on the ground of failure to show line of duty and the alleged detail on which the injury was received.

This was the action of the Pension Office notwithstanding the record heretofore referred to and the recommendation of the special examiner to admit the claim for injury to hip, the disability from alleged saber cuts being slight.

The claimant is shown to be an object of charity, and in the opinion of your committee entitled to relief asked for. The bill is therefore returned with the recommendation that it do pass.

Act granting a pension

[Statutes at Large volume 26 page 1200]

CHAP. 553.--An act granting a pension to Samuel Wilson.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and hereby is, authorized and directed to place on the pension-roll, subject to the provisions of the pension laws, the name of Samuel Wilson, late a private in Company D, Ninety-first Pennsylvania Volunteers.

Approved, June 24, 1890.

Pension attorney fee

[Decisions of the Department of the Interior in appealed pension and bounty-land claims 10 (1900) 412-413]
SAMUEL WILSON (CLAIMANT).
J. B. CRALLE & CO. (ATTORNEYS).

An attorney, when entitled to a certain sum as a fee, and his title thereto is conceded by the Bureau at the time when a less sum in lieu thereof is certified to him, does not forfeit his right to the remainder of the fee through his failure to enter a protest to said action of the Bureau in not certifying to him the proper amount.

First Assistant Secretary Thomas Ryan to the Commissioner of Pensions, January 31, 1900.

J. B. Cralle & Co., of Washington, D.C., November 23, 1899, entered an appeal from the action of the Bureau in the matter of fee in the issue of September 17, 1894, in the above-entitled claim for increase of pension under the general law of Samuel Wilson, who served in Company D, Ninety-first Pennsylvania Volunteer Infantry.

The claimant was in receipt of pension under the general law at the rate of $16 per month on account of injury to left hip when, on November 15, 1890, in his behalf the appellants filed a claim for straight increase of pension. The claim was allowed, and on September 17, 1894, certificate issued to allow the rate of $24 per month on account of injury of left hip, from May 9, 1894, date of holding medical examination. On said issue the appellants were certified a fee of $2. They contend that as their contract with the claimant for fee was entered into prior to [page 413] March 3, 1891 (on which date an act was approved prohibiting the allowance of a fee in excess of $2 in claims for straight increase of pension), they should be allowed a fee of $10.

The Bureau concedes the contention of the appellants, but submit that inasmuch as they have acquiesced in the action of the Bureau for over five years, they have forfeited their title to the remainder of the fee. In support of this proposition is cited the decision of the Department in the case of John Henry Judd (33 Fee P.L. Bk., 203), under date of May 15, 1899, where it is held that:

When an attorney acquiesces in the action of the Bureau in the matter of fee on issue to allow pension for a period of more than one year from the date he is notified thereof, he thereby forfeits all title to the fee.

The rule contemplates conditions which may arise in any case similar to those arising in the case in which it was laid down.

In the case of Judd, the issue was as to the appellants' title to any fee on the issue in question. Title to the fee had been determined by the Bureau in favor of another attorney, and appellant notified of its decision in this particular. It was held that, inasmuch as he had acquiesced in the adverse decision of the Bureau for so long a period, he had forfeited his title to the fee, if he ever had one.

Now, in the case under consideration the decision of the Bureau in the matter of fee on the issue of September 17, 1894, was not adverse to the appellant, but was in his favor. He relied upon the Bureau to certify the proper fee. There was no adverse decision of the Bureau for him to acquiesce in. It was for his interest to call the attenion of the Bureau to its error, but his neglect does not constitute any forfeiture.

In the case of Daniel Covey (7 P.D., 453) the Department held that an attorney's rights to fee in a claim for increase of pension are derived from the law in force at the time the contract between him and the claimant was entered into. At the time the contract between the claimant and the appellant was entered into the law provided that a fee of $10 may be certified in a claim for increase under the general law. Subsequently, by act approved March 3, 1891, the rate of fee was reduced to $2 per month, but this act could not affect their existing contracts [sic] for fee. Therefore, the proper fee should be certified the appellant. According, the action of the Bureau is reversed.

1890 census, veterans schedule

[1890 US census, veterans' schedule, Maine, Knox County, St George, supervisor's district 2, enumeration district 207, page 2]
[line] 18
[house] 433
[family] 450
[name] Samuel Wilson
[rank] Private
[company] D
[unit] 91st Penn Vol Inf
[enlistment date] 15 Aug 1861
[discharge date] 8 Dec 1862
[length of service] 1 year, 6 months, 0 days
[post office address] Martinsville ME
[disability incurred] Stiff hip joint cant [sic] put on shoe or stocking
[remarks] Discharge from hospital

index to compiled service records

[index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania]
[transcribed 7 May 2015, from Fold3]


Wilson, Samuel No. 2.
Co. D B, 91 Pennsylvania Inf.
Pvt. | Pvt.
See also [blank]

GENERAL INDEX CARD.

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