The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-28
TWENTY-NINTH CONGRESS,
FIRST SESSION.
The Senate did not sit to day.
HOUSE OF REPRESENTATIVES,.
SATURDAY, February %, 1876

OF South Carolina, been dispensed with,) was APP
proved.
The SPEAKER said the first business in order
would be the call of the committees for reports.
PERSONAL ExPLASATioNs.
Mr.. SIMS, Of South Carolina, asked leave 10
make personal explanations and leave being grant
cd, MIR. s. sent to the clerk table the National To-
telgeneer Of the 25th inst, and called for the read
ing OF the following paragraphs;
"a number Of bills had been called and objected TO-
and were, under the rule passed over without con-
slderation; when
THE bill granting pension to orris Crosby was
called and read, also the report of the COM
mttee setting forth the facts in the case, which
substantially as follows:
"That upon the commencement Of the war be-
tween Great Britain and the United States in 1872
he was in Upper Canada; that he was called upon
10 take up arms against his country, which he re-
fused TO do; that on the morning of the 7th June,
1878, he was arrested by sergeants guard, and
carried by them to Dover, and thence to Byerson's
creek, where portion ofthe British forces and their
heet lay that he then put in IRONS and suffered
very harsh treatment that the night Of the 18th
July he was put on board the British feet, with the
avowed intention Of compelling him to fight in the
action that was hourly expected; that on the 10Th
September, just before the battle commenced, he
ordered to cheer with the Others this he refused
to do, whereupon the first lieutenant threatened to
shoot him, and when the battle commenced the first
Lieutenant told him he should fght or he would shoot
him. he still refused, and went below, when the
lieutenant several times sent for him, and ordered
him TO come on deck and fight or be shot; that he
utterly refused TO hight, upon which the lieutenant
drew pistol and shot him in the night breast the
shot passing into the lungs; that he fell, and was
nearly sufocated with his blood; that the wound
thus inflicted occasioned a disability which has in
creased upon him with age, until he finds himself
utterly disqualified to obtain living by labor. The
petition is verified by the oath Of the petitioner,
and the facts stated therein are substantially
proven by other disinterested witnesses. Up
on this state Of facts, he applied at the War
Department for pension, but the Commissioner of
Pensions declined granting a pension, upon the
ground that the pension laws now in force did not
authorize him to grant pension in any case ex-
eept when the disability was secasioned 10 the peti-
toner while he was technically in the service Of the
United States, but stating at the timo that his
case was meritoriops one, and that Congress
would not fail to grant relief Now in this case il is
TO be remarked (says the committee who reported
the billy that man may effectually serve his
country by refusing under the penalty Of DEATH to
fight against 1t when on board, prisoner, hos
tile vessel, actually engaged If he were technically
serving in the ranks OF his couRtrymen; and al
though he certainly does come within the letter
Of the law, yet, in the Judgment Of every one, he
must very clearly come within its equity.
"The Incorporating patriotism Of Mr.. Crosby
IL proven, not only Dy tne act winch Oc-
casioned the disability, but by his character and
conduct both before and after that event. and s most
strongly eyinced by his joining the American army
whilst yet suffering from the effects Of his wound
and continuing in the service until the close of the
war. The committee observe that America rewards
those whose patriotic devotion subjects them 10 in
Jury from the brutality Of bastard foe and there
fore report bill for his relief, and recommend its
passage.
"Ater the report in Mr.. Crosby's case had
been read, the words Il object were indistincty
heard.
"Mr WENTWORTH rose and said he could scarce
ly conceive that any member would object to this
bill; when
"Mr A. l.. SINS rose and said, Il object
"Mr WENTWORTH then said that if the objection
TO this bill was persisted in he should feel himself
justified in Directing to every other bill the caien-
dsr, let their merits he what they might, and it
would not be worth while to consume the time of
the committee in calling them over"
Mr.. s. proceeded to say: From indications yes
terday, as well as from the extracts just read from
the lntellgencer, il seemed to be supposed that my
objection to the passing Of the bill granting pen.
sion to Orrs Crosby proceeded from personal or
captious considerations. Such supposton is very
far from the fact. My objection looked to general
and important considerations. | regarded the bill
as involving most important principles, and there
fore, that it ought not to be passed without proper
The report Of the committee, accompanying the
bill, states "That upon the commencement Of the
war between Great Britain and the United States in
1919, he (Oris Crosby was in Upper Canada; that
he was called upon 10 take up arms against his
country, which he refused to do; that on the MORN
ing of the 7th of June, 1919, he was arrested By
sergeants guard, and carried by them to Dover,
&C." This report gives no explanation why the
petitioner was in Upper Canada at the commence
ment of the, war; nor why he continued to reside in
the territory Of Great Britain twelve months after
the declaration of war. Was he there as perma-
nent settler; and did ne continue there voluntarily
after the war These facts should DO most clearly
explained If such were the facts of the case, then
tho principles of the law of nations founded on con-
sid eratoRs Of public policy, would ihterposc objec
tons upon us to the granting of his pension, no
matter what was his treatment.
A declaration Of war, makes war not only boz
tween the governments, but also between the ndi-
vdual citizens and subjects Of tho respective belli
gerents Upon this principle all intercourse and
tracts between the citizens and subjects respectively
arc illegal and void IT, them the petitioner remained
in Canada voluntarily, after the declaration
Of war, he was violating his duty to his
country, by holding intercourse with her enc
mics; and whatever injuries he may have received
were the result of his own wreng He should have
returned home if he claimed to be an American cit-
zen, promptly, after the declaration of war Such
would certainly have been his conduct, if his resi-
dcnce abroad, in Canada, had been temporary, for
the purpose of trade, and with the amino REVEREND
Such was not his course.
If he was in Canada as permanent settler, hav-
ing changed his allegiance and abandoned his coun-
try land his continued residence there after the war
raises this presumption he surely is
entitled to no protection from our government The
principle and practice of our government recognise
the doctrine Of repatriation. We have rejected the
doctrine Of allegiance, when natural, being perpetual
He might have been British subject though a ma
tive of the United States. ia citizen will abandon
his country and violate his dutes the government is
under no obligation to protect him; and if not under
the protection Of the government, he cannot under
any circumstances bring the government under an
implied duty to pension him.
The House win remember that during the late
in Canada, those American citizens
who, in violation Of their duties of neutrality, or as
citizens of friendly power, imprudently passed
into Canada, and took part with the patriots were
abandoned to their fate. They had violated their
duty; and Mr. Van Buren,, speaking for his govern
ment, excupated il from blame by disclaiming the
acts of such citizens and leaving them to the unds-
puted dominion Of Great Britain. Some Of them,
believe, were executed Some certainly were trans