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the military pensions have some limit-some ury. Poverty would not do, if it was true; boundary-to their amount placed upon them. but here it is not true: the lady in question has They are limited at least to the amount of ar- a fine estate, and certainly has not applied for mies, and the number of wars. Our armies are this money. No petition of hers is here! No small, and our wars few and far between. We letter, even, that we have heard of! So far as have had but two with a civilized power in sixty we know, she is ignorant of the proceeding! years. Our navy, also, is limited; and compared Certain it is, she has not applied for this grant, to the mass of the population, the army and navy either on the score of poverty, or any thing else. must be always small. Confined to their proper Next, election expenses are mentioned; but subjects, and military and naval pensions have that would seem to be a burlesque upon the limits and boundaries which confine them within character of our republican institutions. Cersome bounds; and then the law is the same for tainly nc candidate for the presidency ought to all persons of the same rank. The military and electioneer for it-spend money for it-and if he naval pensioners are not provided for individu- did, the public Treasury ought not to indemnify ally, and therefore do not become a subject of him. Travelling expenses coming on to the seat favoritism, of party, or of faction. Not so with of government, are next mentioned; but these civil pensions. There is no limit upon them. could be but a trifle, even if the President elect They may apply to the family of every person came at his own expense. But we know to civilly employed—that is, to almost every body the contrary. We know that the contest is -and this without intermission of time; for for the honor of bringing him; that conveycivil services go on in peace and war, and the ances and entertainments are prepared; and claims for them will be eternal when once begun. that friends dispute for precedence in the race Then again civil pensions and grants of money of lifting and helping along, and ministering to are given individually, and not by classes, and every want of the man who is so soon to be the every case is governed by the feeling of the mo- dispenser of honor and fortune in the shape of ment, and the predominance of the party to office and contracts. Such a man cannot travel which the individual belonged. Every case is at his own expense. Finally, the fire in the the sport of party, of faction, of favoritism; and roof of the west wing of the North Bend manof feelings excited and got up for the occasion. sion has been mentioned; but Jackson had the Thus it is in England, and thus it will be here. whole Hermitage burnt to the ground when he The English civil pension list is dreadful, both was President, and would have scorned a gift for the amount paid, and the nature of the ser- from the public Treasury to rebuild it. Such vices rewarded; but it required centuries for are the reasons mentioned in debate, or elseEngland to ripen her system. Are we to begin where, for this grant. Their futility is apparent it in the first half century of our existence? on their face, and is proved by the unwillingness and begin it without rule or principle to go by ? of gentlemen to state them in a report, or a preEvery thing to be left to impulse and favor-by amble, or in the body of the bill itself. the politics of the individual, his party affinities, and the political complexion of the party in power.

Gentlemen refuse to commit themselves on the record; but they have reasons; and we have heard enough, here and elsewhere, to have a glimpse of what they are. First, poverty: as if that was any reason for voting a fortune to a family, even if it was true! If it was a reason, one half of the community might be packed upon the backs of the other. Most of our public men die poor; many of them use up their patrimonial inheritances in the public service; yet, until now, the reparation of ruined fortune has not been attempted out of the public Treas

CHAPTER LXXII.

ABUSE OF THE NAVAL PENSION SYSTEM: VAIN
ATTEMPT TO CORRECT IT.

THE annual bill for these pensions being on its
passage, an attempt was made to correct the
abuse introduced by the act of 1837. That act
had done four things:-1. It had carried back
the commencement of invalid naval pensions to
the time of receiving the inability, instead of
the time of completing the proof.
2. It ex-

under consideration, Mr. WILLIAMS offered an amendment, providing for the repeal of the act of 1837; and went at some length into the reasons in favor of the adoption of the amendment He said all admitted the injurious tendency of the act of 1837, by which the fund which had been provided by the bravery of our gallant of those who had been killed in battle, or had sailors for the relief of the widows and orphans died from wounds which had been received while in the line of their duty, had been utterly exhausted; and his amendment went to the repeal of that law."

"Mr. MANGUM hoped the amendment would not be adopted-that the system would be allowed to remain as it was until the next session. It was a subject of great complexity, and if this amendment passed it would be equivalent to the repeal of all the naval pension acts."

"Mr. WILLIAMS understood the senator from North Carolina as saying, that if they passed this amendment, and thus repealed the act of 1837, they repeal all acts which grant a pension for disability."

tended the pensions for death to all cases of death, whether incurred in the line of duty or not. 3. It extended the widows' pensions for life, when five years had been the law both in the army and the navy. 4. It pensioned children until twenty-one years of age, thereby adopting the English pension system. The effects of these changes were to absorb and bankrupt the navy pension fund—a meritorious fund created out of the government share of prize money, relinquished for that purpose; and to throw the pensions, the previous as well as the future, upon the public treasury-where it was never intended they were to be. This act, so novel in its character-so plundering in its effects-and introducing such fatal principles into the naval pension system, and which it has been found so difficult to get rid of-was one of the deplorable instances of midnight legislation, on the last night of the session; when, in the absence of many, the haste of all, the sleepiness of some, and a pervading inattention, an enterprising member can get almost any thing passed through-and especially as an amend"Mr. WILLIAMS said the senator was entirely ment. It was at a time like this that this pen-mistaken; and read the law of 1813, which was sion act was passed, the night of March 3d, 1837-its false and deceptive title (“An act for the more equitable administration of the Navy Pension Fund) being probably as much of it as was heard by the few members who heard any thing about it; and the word "equitable," so untruly and deceptiously inserted, probably the only part of it which lodged on their minds. And in that way was passed an act which instantly pillaged a sacred fund of one million two hundred thousand dollars-which has

thrown the naval pensioners upon the Treasury, instead of the old navy pension fund, for their support-which introduced the English pension system-which was so hard to repeal; and which has still all its burdens on our finances, and some of its principles in our laws. It is instructive to learn the history of such legislation, and to see its power (a power inherent in the very nature of an abuse, and the greater in proportion to the greatness of the abuse) to resist correction: and with this view the brief debate on an ineffectual attempt in the Senate to repeal the act of this session is here given-Mr. Reuel Williams, of Maine, having the honor to commence the movement.

"Mr. MANGUM had said, if they repealed the law of '37, they would cut off every widow and orphan now on the pension list, and leave none tled to pensions under the act of 1800." except the seamen, officers, and marines, enti

still in full force, and could not be affected by the repeal of the law of 1837. The law of 1813 all who are killed in battle, or who die from gives a pension to the widows and orphans of wounds received in battle; and also gives pensions to those who are disabled while in the line of their duty. This law was now in force. The additional provisions of the law of 1837, were to carry back the pensions to the time when the disability was incurred, and to extend it to the widows and children of those who died, no matter from what cause, while they were in the naval service. Thus, if an officer or seaman died from intoxication, or even committed sui cide, his widow received a pension for life, and his children received pensions until they were twenty-one years of age.

66

wound which did not disable them, they conAgain if officers or seamen received a tinued in the service, receiving their full pay for years. When they thought proper they retired from the service, and applied for a pension for disability, which, by the law of 1837, they were authorized to have carried back to the time the disability was incurred, though they had, during the whole series of years subsequent to receiving the disability, and prior to the applica tion for a pension, been receiving their full pay as officers or seamen. It was to prevent the continuance of such abuses, that the amendment was offered."

"Mr. WALKER must vote against this amend ment, repealing the act of 1837, because an "The naval pension appropriation bill being amendment which had been offered by him,

and adopted, provided for certain pensions under this very act, and which ought, in justice, to be given.'

"Mr. WILLIAMS thought differently, as the specific provision in the amendment of the senator from Mississippi, would except the cases included in it from the operation of the repealing clause."

"Mr. EVANS opposed the amendment, on the ground that it cut off all the amendments adopted, and brought back again the law of 1800."

The proposed amendment of Mr. Williams was then put to the vote—and negatived-only nineteen senators voting for it. The yeas and

nays were:

YEAS-Messrs. Allen, Benton, Calhoun, Clay of Alabama, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Sevier, Smith of Connecticut, Sturgeon, Tappan, Williams, Woodbury, Wright, Young-19.

NAYS-Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Simmons, Smith of Indiana, Southard, Tallmadge, Walker, White, Woodbridge-28.

pension at the same time. This amendment being rejected, and some minor ones adopted, the question came up upon one offered by Mr. Walker-providing that all widows or children of naval officers, seamen, or marines, now deceased, and entitled to pensions under the act of 1837, should receive the same until otherwise directed by law; and excluding all cases from future deaths. Mr. Calhoun proposed to amend this amendment by striking out the substantive part of Mr. Walker's amendment, and after providing for those now on the pension-roll under the act of 1837, confining all future pensioners to the acts of April 23d, 1800-January 24th, 1813-and the second section of the act of the

3d of March, 1814. In support of his motion Mr. Calhoun spoke briefly, and pointedly, and unanswerably; but not quite enough so to save his proposed amendment. It was lost by one vote, and that the vote of the president pro tempore, Mr. Southard. The substance of Mr. Calhoun's brief speech is thus preserved in the register of the Congress debates:

"Mr. CALHOUN said that, among the several objections to this, there was one to which he The amendment not only kept alive the act of did hope the Senate would apply the correction. 1837, as to the pensioners now on the list, under that act, but also kept it alive for all future it should be hereafter repealed, if it ever should applications which might be made under it, until be. To this he strongly objected.

It is remarkable that in this vote upon a palpable and enormous abuse in the navy, there was not a whig vote among the democracy for correcting it, nor a democratic vote, except one, among the negatives. A difference about a navy on the point of how much, and of what "There was one point on which all were kind—had always been a point of difference be- agreed, that the act in question was not only tween the two great political parties of the inexpedient, but something much worse-that it committed something like a fraud upon the Union, which, under whatsoever names, are alpension fund. It is well known to the Senate ways the same each preserving its identity in that that fund was the result of prize money principles and policy: but here the two parties pledged to the use of meritorious officers and divided upon an abuse which no one could de- sailors who might be disabled in the service of their country. The whole of this fund, amountny, or defend. The excuse was to put it off to ing to nearly a million and a half of dollars, was another time, which is the successful way of swept away by this iniquitous act, that passed perpetuating abuses, as there are always in on the third of March-the very last day of the every public assembly, as in every mass of indi-session-introduced and carried through by noviduals, many worthy men whose easy temper-responsible. He ventured nothing in asserting, body knows who, and for which nobody seems aments delight in temporizations; and who are always willing to put off, temporarily, the repeal of a bad law, or even to adopt temporarily, the enactment of a doubtful one. Mr. Williams' proposed amendment was not one of repeal only, but of enactment also. It repealed the act of 1837, and revived that of 1832, and corrected some injurious principles interjected into the naval pension code-especially the ante-dating of pensions, and the abuse of drawing pay and

that if such an act was now under discussion for the first time, it would not receive a single vote with the present knowledge which the Senate has of the subject, but, on the contrary, would be cast from it with universal scorn and

indignation. He went further: it would now be repealed with like unanimity, were it not that many persons had been placed upon the which was felt by many to be a sort of a pledge list under the act, which was still in force, to pay them until the act was formally repealed. But why should we go further? Why should

we keep it alive to let in those who are not yet put upon the list? But one answer could be given, and that one stated by the two senators from Massachusetts, that the act partook of the nature of a contract between the government and the officers, sailors and marines, comprehended within its provisions. There might be some semblance of reason for the few cases which have occurred since the passage of the act; but not the slightest as far as it relates to that more numerous class which occurred before its passage. And yet the amendment keeps the act open for the latter as well as the former. As strong as this objection is to the amendment as it stands, there are others not less so.

"It introduces new and extraordinary principles into our pension list. It gives pensions for life-yes, beyond-to children for twentyone years, as well as the widows of the deceased officer, sailor or marine, who may die while in service. It makes no distinction between the death of the gallant and brave in battle, or him who may die quietly in his hammock or his bed on shore, or even him who commits suicide. Nor does it even distinguish between those who have served a long or a short time. The widows and children of all, however short the service, even for a single day, whatever might be the cause of death, are entitled, under this fraudulent act, to receive pensions, the widow for life, and the children for twenty-one years. To let in this undeserving class, to this unmeasured liberality of public bounty, this act is to be kept alive for an indefinite length of time -till the Congress may hereafter choose to repeal it.

"The object of my amendment, said Mr. C., is to correct this monstrous abuse; and, for this purpose, he proposed so to modify the amendment of the senator from Mississippi, as to exclude all who are not now on the pension roll from receiving pensions under the act of 1837, and also to prevent any one from being put on the navy pension roll hereafter under any act, except those of April 23, 1800, January 20, 1813, and the second section of the act of 30th March, 1814. These acts limit the pensions to the case of officers, sailors and marines, being disabled in the line of their duty, and limit the pensions to their widows and children to five years, even in those meritorious cases. Mr. C. then sent his amendment to the chair. It proposed to strike out all after the word 'now, and insert, the pension roll, under the act of 1837, shall receive their pension till otherwise decided by law, but no one shall hereafter be put on the navy pension roll, under the said act, or any other act, except that of April 23, 1800, and the act of January 24, 1813, and the second section of the act of 3d March, 1814.' The question was then taken on the amendment by a count, and the Chair announced the amendment was lost-ayes 20, noes 21. Mr. Calhoun inquired if the Chair

had voted. The Chair said he had voted with the majority. Mr. Buchanan then said he would offer an amendment which he had attempted to get an opportunity of offering in committee. It was to strike out the words until otherwise directed by law,' and insert the words 'until the close of the next session of Congress,' so as to limit the operations of the bill to that period. The amendment was adopted, and the amendments to the bill were ordered to be engrossed, and the bill ordered to a third reading."

Mr. Pierce having been long a member of the Pension Committee had seen the abuses to which our pension laws gave rise, and spoke decidedly against their abuse-and especially in the naval branch of the service. He said:

"There were cases of officers receiving pay for full disability, when in command of line-ofbattle ships. The law of 1837 gave pay to officers from the time of their disability. He had been long enough connected with the Pension Committee to understand something of it. He had now in his drawer more than fifty letters from officers of the army, neither begging nor imploring, but demanding to be placed on the same footing with the navy in regard to pensions. He thought, on his conscience, that the pension system of this country was the worst on the face of the earth, and that they could never have either an army or a navy until there were reforms of more things than pensions. He pointed to the military academy, appointments to which rested on the influence that could be brought to bear by both Houses of Congress. He had looked on that scientific institution, from which no army would ever have a commander while West Point was in the ascendency; and he would tell why. The principles on which Frederick the Great and Napoleon acted were those to make soldiers-where merit was, reward always followed, but had they not witnessed cases of men of character, courage, and capacity, asking, from day to day, in vain for the humble rank of third lieutenant in your army, who would be glad to have such appointments? I know (said Mr. P.) a man who, at the battle of the Withlacoochie, had be performed the same service under Napoleon, would have received a baton. But in ours what did he get? Three times did that gallant fellow, with his arm broken and hanging at his side, charge the Indians, and drive them from their hammocks, where they were intrenched. The poor sergeant staid in the service until his time expired, and that was all he got for his gallantry and disinterestedness. Such instances of neglect would upset any service, destroy all emulation, and check all proper pride and ambition in subordinates. If ever they were to have a good army or navy, they must promote merit

in both branches of service, as every truly great general had done, and every wise government ought to do."

In the House of Representatives an instructire debate took place, chiefly between Mr. Adams, and Mr. Francis Thomas, of Maryland, in which the origin and course of the act was somewhat traced-enough to find out that it was passed in the Senate upon the faith of a committee, without any discussion in the body; and in the House by the previous question, cutting off all debate; and so quietly and rapidly as to escape the knowledge of the most vigilant members the knowledge of Mr. Adams himself, proverbially diligent. In the course of his remarks he (Mr. Adams) said:

"Upwards of $1,200,000 in the year 1837, constituting that fund, had been accumulating for a number of years. What had become of it, if the fund was exhausted? It was wasted-it was gone. And what was it gone for? Gentlemen would tell the House that it had gone to pay those pensioners not provided for by the 8th

and 9th sections of the act which had been read -the act of 1800; but to provide for the payment of others, their wives and children; and their cousins, uncles and aunts, for aught he knew-provided for by the act of 1837. It was gone. Now, he wished gentlemen who were so much attached to the economies of the present administration, to make a little comparison between the condition of the fund now and its condition in 1837, when the sum of $1,200,000 had accumulated from the interest of which all the pensions designated in the act of 1800 were to have been paid. In the space of three little years, this fund of $1,200,000 (carrying an interest of $70,000) was totally gone-absorbed-not a dollar of it left. Yes: there were some State stocks, to be sure; about $18,000 or less; but they were unsaleable; and it was because they were unsaleable that this appropriation, in part, was wanted. How came this act of 1837 to have passed Congress? Because he saw, from the ground taken by the chairman of the committee on naval affairs, that it was Congress that had been guilty of this waste of the public money; the President had nothing to do with it-the administration had nothing to do with it. How, he asked, was this law of 1837 passed? Would the Chairman of the Committee on Naval Affairs tell the House how it had been passed; by whom it had been brought in and supported; and in what manner it had been carried through both Houses of Congress? If he would, we should then hear whether it came from whigs; or from economists, retrenchers,

and reformers."

the Committee on Naval Affairs, in answer to Mr. Adams's inquiry, as to who were the authors of this act of 1837, stated that

"It had been reported to the Senate by the honorable Mr. Robinson, of Illinois, and sent to the Committee on Naval Affairs, of which Mr. Southard was a member, and he had reported the bill to the Senate, by whom it had been passed without a division. The Senate bill coming into the House, had been referred to the Committee on Naval Affairs, in the House. Mr. T. read the names of this committee, among which that of Mr. Wise was one. The bill had been ordered to its third reading without a division, and passed by the House without amendment."

"Mr. Wise explained, stating that, though his name appeared on the naval committee, he was not responsible for the bill. He was at that time but nominally one of the committee-his attention was directed elsewhere-he had other fish to fry-and could no longer attend to the business of that committee [of which he had previously been an active member], being appointed on another, which occupied his time and thoughts."

Mr. Adams, while condemning the act of 1837, would not now refuse to pay the pensioners out of the Treasury. He continued:

"When the act of 1837 was before Congress, then was the time to have inquired whether these persons were fairly entitled to such a pension-whether Congress was bound to provide for widows and children, and for relatives in the seventh degree (for aught he knew). But that was not now the inquiry. He thought that, by looking at the journals, gentlemen would see that the bill was passed through under the previous question, or something of that kind. He was in the House, but he could not say how it passed. He was not conscious of it; and the discussion must have been put down in the way in which such things were usually done in this House-by clapping the previous question upon it. No questions were asked; and that was the way in which the bill passed. He did not think he could tell the whole story; but he thought it very probable that there were those in this House who could tell if they would, and who could tell what private interests were provided for in it. behind the curtain to know these things, but he He had not been able to look quite far enough knew that the bill was passed in a way quite common since the reign of reform commenced in squandering away the public treasure. That he affirmed, and the Chairman of the Committee on Naval Affairs would not, he thought, undertake to contradict it. So much for that."

Mr. Adams showed that a further loss had

Mr. Francis Thomas, now the Chairman of | been sustained under this pension act of 1837,

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