The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-09-07
to halfpay during life, to Commence from the time o.
their reduction ~

The Senator from New Hampshire in speech of
great ability on this floor in 1923, contended that the
orcers VINO coupled with the terms OF that resolu-
tion became entitled to hafpay the ground Of con
tract and IN that opinion that Senate was, | believe,
unanimous How are the dlstnguishable3
am aware that IL may be said that this act is an
engagement TO pay out the Navy pension fund, and
out OF that fluid only and that that fund has be.
come exhausted, the engagement OF the country Is
completely performed and these persons huve legal
or equitable claim its plighted faith or its gene
raj means But great difficulties encompass this pro-
position In my view this act must be construed To
contract 10 pay, in all events the stipulated provision
to the persons coming within its terms and if il be
true, rs perhaps II Is that il applies the Navy pension
fund TO the payment in the first instance yet this IL
auxiliary, cumulative, and as security only and when
that fails the public faith and the public treasure to
It's last dollar are pledged to the complete performance
OF the contract. Such is my Interpretation ofthe act
deduce u from Its terms, unenlightened or perhaps
unembaInssed, by any traditionary memories of ITS
origin or It's objects How can such an act be con.
srued to he grant out of the pension fund only DIS
terminable with that fund Does il say 50 At
| tend TO It's unequivocal language If any die in
the service, his widow shall have provision out
of any particular fund.- not Till such fund be haust
ed, but until her death marriage, generally and in
all events Indeed in the enactng part of the statute
| from the beginning TO the end there is no ausion
TO the pension fund at all In the title there is but
rule ID better settled, better reason than that
the title is part Of the act for the purposes of in
terpretaton rat ier that the title cannot control
the palpable and certain import of the enacting Ian
| guage.
Instead, therefore, of holding this grant Of pen
sons out the pension fund only, and which must
cease when that fails, the difficulty rather is to
how the act applies that fund at ALL in the first
instance, 10 the payment Of these pensions and why
the general Treasury not once resorted to-
But hen advert to the tItle with caution
and some hesitation we may TO the traditionaIy in
formation which possess concerning the origin and
objects of this act, and which may, still more
tiousIy consult to the practice of the Government
under it; and above all to the language Of the act of
April % 1870 creating the pension Navy Fund think
the whole explained, and the whole is interpreted.
The act grants pensions generally TO widows for life
to children until of age. 1t then appropnatcs this
Navy Pension Fund to the payment Of the pensions
thus granted; and it pledges the public faith 10 make
up the deficiency. Thus and thus only you
tisy the peiempoy and general language of the body
of the act, and yet explain the title and the contem
poraneous and subsequent construction by the Trea-
sury That this law does not mean To limit the PEN
sions which ii grants, contracts pay, upon the
| continuance of the pension fund is made certain,
think by the generality and strength of lis terms of
enactment. The difficulty, | remarked, is rather
TO make out the proposition that 1t approprates that
fund, even in the first instance. Perhaps the fra
ners of it supposed tina, by the direct force of
the 9th section of the act of April %, 1900,
literally interpreted, and aided out by analogy, ge
neral grant OF pensions, although to be enjoyed only
by widows and children Of officers and seatnen, might
their benefit that as SUCH by the force Of that act
such grant would appropriate the pension fund in
the first instance without the employment of any ex-
press words for the purpose, and then would pledge
the public faith To make up the deficiency. II may
thus have happened that the law under consideration
does not expressly appropriate that fund.- in the
first instance; and yet the Legislature have supposed
and intended that il should be SO first appropriated.
But, however this may be the peremptoIv and ge-
neral language of the body of the cannot be
| soneu npr railed IL have but
pose, and that Isl to the payment in all events
II the pension was to cease when particular fund
should cease, how easy, how inevitable was il 10 say
But the direct contrary Is lrrcsstiby implied or
rather directly expressed. concede to the Senator
from New Hampshire more than he can demand
when admit, for the argument do, that this act
Is to be construed precisely as IT. at the end OF the first
section, these words suhloned; " And the Ma
Wy Pension Fund is hereby appropriated to the pay
nent of tie said pensions" Suppose these words
added, and then that the pension fund is exhausted,
will any lawyer say that the grant or the contruc ex
pressed by the large and precise preceding language
is thereby determined Will he say that The subse-
quent appropriation of fund to secure the perform
ance OF the preceding explicit, general, and absolute
promise to pay, narrows lmpoverishes, and qualities
the promise Z No, sir. This appropriation of the
fund is ancillary auxiliary, in aid Of The promise,
curity for it; and you may as well say that when
the mortgagcd property perishes the debt becomes
tinct
have said, then, that this act makes contract
service after il passed, on which their widows and
children may stand before you here TO day, and by
" hch they may ward off the blow medtated by the
amendment Does it not also make contract with
the widows and children of those who had died be-
fore its passage In terms 1t gives them pension
they have accepted it by proving their claims; they
are inscribed your rolls of pensioners they hold
your certificates reciting their right and they are in
the actual enjoyment of the grant. There is here,
them the promise of nation, gratefully accepted and
resting the ample consideration of the services of
the deceased, and the exhibition OF the evidence by
the living. Let add, that the uniform and honora-
BILE course of this Government has been to regard cv
cry pensoner duly placed on your rolls as such under
an existing law as clothed with an indeieasble and
vested title. We have repealed pension laws before,
but we have never revoked n pension. The tempt
had been made, but it had failed. This amendment
is as new law and our practice, as 1t Is repug-
nant to our feelings and to our sentiments of justice.
But sir if this act does not make technical con-
tract or grant, in the case OF those who had
died before its passage perhaps II does not-it does
and better for these persos tor 1t engages your
honor to them Certainly you have assured them
that they shall have this provision. You said to
the husband and father in his lifetime, and you drew
or KEEP, him from his home on shore, by passing to
him the word Of the nation You said TO the widow
and the orphan child and you inscribed them on their
memorial rolls in fulfIment of that assurance. You
said so by the plain and express language OF this law
Dc YOU think that single officer or seaman, or the
wife and child of one, in your whole Navy, would
infer from such language that the provision mus pos
tvey and absolutely promised was to last no longer
than the Navy pension fund, which unfortunate IN
vestments prodgal leg station might swallow up IN
six months SIR, no lawyer would infer it; and much
less the unsuspcious simple minded children Of the
sea You have gwen your word then, for the pay
ment ofthese pensions be that your reason for paying
them If you have promised hastily, and to yourself
inurously ye, keep your promise and do so no more
Let me say, finally, that the amendment proposes
an exceedingly mpolitic act. The Senator proceeds
I,fp all n Cer
tain sum Of money by it, he argues and therefore it
is wise to do it, Sir, think in such case as this,
that Kindness JUSTICE honor honesty, are the best po
licy We shall lose more than shall gain by the