The New York herald., 1846-03-04
TwENTY-NINTH CONGRESS-.
House OF Representatives.


TWENTY-NINTH CONGRESS-.
House OF Representatives.
WARRINGTON, Feb %. ls46.
PERSONAL ExPLASATIoS-AS AMERICAN PATRIOT.
As the Journal read.
Mr. SrMMs, of South Carolina, to personal ex.
Panaon; he asked the Clerk to read the folio
from the Intelligence, Of this morning. viz
"Tne bill granting pension to Orris Crosby was
called for and read, AZ also the report Of tho
committee. setting forth the facts Of the case.
Ailsr haa ossn read the words object were in
Mr. WEHrwoarH said he could scarcely sonosivs
ID at any one would object to this bill, when
"Nr sIAMs. Of South Carolina. SAID, Il object,
MT WErrwearG SAID that il objection this bill was
persisted IN he should feel himself justified in becting
to every bill the calendar let their merits be what
they might; and it would not be worth while to con-
sams the time Of the committee in calling them up"
In order to clear understanding of what follows il
Is necessary to state the grounds which Commit
tee on Invalid Pensions m1de report favorable to the
petition OF Mr.. Crosby,
The petitioner staes that upon the Of
the war between Great Britain and the United States in
1912 he in Upper Canada that he was called upon
to ake up arms his country which he to
do that on the morning OF dthe 7th June 1913 he was
arrested by asergeanps guard and carried by them to
Dover and thence to Byersons creek where portion
OF the British forces and their fleet lay was then
put in irons aud suffered very harsh teament that on
the night OF the 18th July he put the Br
tish hest with the avowed intention OF compelling him
to d. mt the action that hourly expectsd that on
ne loh OF just before the battle
be was ordered TO cheer with o,hers this he
to do whereupon the m lieutenant ened to shoot
told him he should fight he would shoot him. he still
refused and went below when the lieutenant seve raj
deck and fight be shot; thar he ute .ly re.
fused to hght upon which the lieutenant drew ps.
!o and sho. him in the right breast the passing
INTO the lungs; that he fell and nearly sufocated
with his own blood. that the wound thus indict.
ed disability which has upon him
with age until he fnds 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 disnterested witnesses
Upon this state OF facts tho petitioner applied at the
War Department for pension but the Commssioner Of
that the pension laws in force did not him
to grant pension in any case except when the dsab
ty was occasoned to the petitioner willis, he was tech
nicaly In the service Of the United States but stating
at tho same time that his meritorious one
and that Congress would not fail to grant relief Now
in this case Il is TO be remarked. That man NAV q:
efectuay serve his country by refusing under Pc
naty Of DEATH TO fight against it, when on board as
prisoner hostile vessel actually engaged as II he
were technically serving in the ranks Of his counry.
men and although he certainly does not come within
the letter OF the law yet in the Judgment every one
he must very clearly come within It's equity.
The uncompr omisng patriotism Of the petitioner he
which occasoned the disability bu, by his charac
and conduct both after that event and ia
whilst yet suffering from the effects of his wound and
continuing in the service until the close of the war
America rewards those whose patriotic devotion subjects
committee, upon the whole, deemed it proper to report
bill for his reliei, and recommended its passage.
Mr.. SIMMs said he would abuse the patience of tho
House. but purposed briefly to make an explanation in
this matter II might appear from what was said yes
terday, as well as from the report Of the National
Lteiigenesr that his objection regarded as per
sonal and captious That was not the nature Of his
objection. II was founded this consideration =
The report in the Lntsiigencsr was unaccompanied
by aay explanation showing why he had objected
70 this apparently hard case His reason for OBJ
lscting was, that he believed the circumstances Of
this case involved stupendcus consequences and il a
sci an example oavs Of The prncps. Of
law and the safe practice of government The re-
port was defective in this particular did state
yuh fho itionar yrna in
nent Of the war; in 1912, until September 1913, and
under British jurisdiction 1t did not appear that he was
tary consent He there in Of these two ways:
he had ogone beyond the Jurisdiction Of the United
and, consequence placed himself the limits
OF our country or ior temporary purpose to avoid
International law was, that when two nations 20 to
war, not only hostility and be-
tween two countries but between the citizens the
citizen was in belligarent territory and If he still
claimed citizenship il was his duty to return his own
country IL he threw himself the Jurisdiction Of
his country heis guilty in OF treason hold
ing intercourse with the enemy. On this principle MIR
Van Buren justified himself when some OF our people
participated IN the disputes inaCanada They had gone
beyond our limits and voluntarily taken part in the
turbancss of neghboring foreign territory 1t was well
known what was the re,ui some of them were trans
ported TO Botany Bay because they had placed them
selves the reach and protection of the American
government. Now, If the doctrine contended for be
admitted will have assumed the doctrine Of perpet
usl allegiance, and reversed the doctrine that
may chsnge his allegiance II was only necessary for
him to repeat tha', pension be granted the facts
stated, the principle that man may change his alle
gian would be reversed and we would. 10 effect 70
back to the British doctrine Of perpetual ellie no
matter under what circumstances might desire TO
change his citizenship For this reason he said, the
bill, overshadou log this principle ought pass by
wanout objection until proper inquiry could be made
and detail o. circumstances ootaned to enable the
MIR WErrwoRrH. hen rose to personal expla nation.
lcries OF hear him In relation to this matter
Ms wiling as the gentleman from S3uth Carolina
the circumstances snould be investigated this claim
could not De ,ho sn TO be founded IN justice and ms
torious case then he would 70 reject il But what
were the fcts This forciniy plsc ,d board
British vessel Of war, after previously undergoing
harsh treatment and because he refused to cheer with
the others the British officer threatened shoot him.
and because he refused fght against own country
sing into the lungs, riss Of saer Yes. sho. p;m pa
because he refused to nght against his country
and bleeding he enlisted in Ss 's service o Ss
country Years ago. Crosby was too proud to ask for
pension but nov because he was poor he was compel
cd TO ask hat was justly due f there should be
war wi England about Oregon, this woui fight.
10 this cold and cowardy age rather than
most to light for IT. Tue old soldiers should be for
gotten.
The explanations here terminated.
The conmsseses were then called for rsports large
number were presented among them we're the follow.
ing:
wARrnousrse SYSTEM
Mr.. stxpsoS from the committee commerce. report
cd bill providing for warehousing in ports; which
and referred COMMITTEES of the whole on
tne state OF the Union.
KALH
MT u r. kI-o, from the committee on revolutionary
cms reported b for the relief OF the grandc hildren
DeIon Ds hsio, deceased which read twice and
70 the committee Of the whole state of the
-. sAirHsoSfAv BEauEsT
MT OwEs, from the select Committee on tho rub;ect
msSs S report accompanied BY resolution that il be
10 April next He said that eight years since the mone
INTO the treasury and that nothing had yet
to the day when the should be cons;dsrd h,
they had ayreed on the time stated not con-
met with other business u the House should put il off
to some other period, they would not object hn, a. ~
money had been received, il should be sppl,ed 70 ,h
philanthropic purpose designed by its generous donor
The resolution was adopted.
And the House resolved itself into committee Of the
whole, and took up the
PRIVATE cALErDAR-AS SOLDIER.
The bill for the relief Of the heirs Of Col William
atan,, ~ltk-