The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-16

sions so long this government lasts. 1t is principle
which never has been heretofore established, and prn
cipe which ought TO be established. | very much
question whether the statements of the honorable
tor IRON Mississippi would take this OF the gen
eral provision which would apply all Of officers
VINO should die natural death while the service oil
the United States IL is true that this individual
turned to this country and Immediately put upon
duty IN The war lst Well, sir. other, officers are
pat upon the war list in other points. They will die
as we all must die, and why should they not receive
pension. If one is given in this case would ask the
honorable senator how he would distinguish between
this and that of any officer who should be placed
upon duty immediately upon his return from Mexico in
the State of New York or elsewhere, and should there
contract disease which should destroy his lifei
| Mr.. DAVIS of Mississippi. | will answer the ques-
ton of the senator from Alabama. The point of dstnc-
ton is merely thsthat this officer upon his return from
Mexico. not having an opportunity to go home and put
his house In order contracted disease oil which he
died and may be considered. think very fairly that
he died while returning from the seat of to his
Mr. KING. The distinction which the senator makes
does not apply, as understand it, There are cases of
who ave not had an opportunity OF returning to their
families, or to put their house in order but who have
been placed upon duty in various parts of the United
States Ii you put upon that principle. it will embrace
numerous of officers who Immediately upon their re
turn were placed upon the list and transferred from
point to point wherever the military service required that
they should be employed If you adopt this principle.
you will give pension to the widow of any officer what
ever who previous TO his return to his home after the
|
| ask my honorable friend how he can distinguish be-
tween the case of such man. if he dies year, or
the year AFTER or three years hence where the officer has
not had an opportunity to return 10 his home and the
case before u.s. Sir, it is which will not bear in
vestigaion Ii Isl case which will sanction pension
upon The death OF every officer who went to Mexico
and upon his return was placed upon duty if he should
die before being released from duty though should be
natural death Some officers had no wives nor chill.
dren Suppose they are placed upon duty, and get
ried IN the mean time, and die shortly aer then will you
give them pension? say that this will throw great
difficulty in the way of our legislation.
acknowledge the gallant services and the useful ser
vices of this ofcer-that he discharged his duties ABLY
and faithfuly AMI if l consulted my feelings would
say, act with liberaty give his widow and children
of almost any country if we were to exercise lib
eray according to our feelings and without reference
to any established principles | see not how we can
OF the officer who has been transferred military duty
and who may die at any time. whether ii be yesterday
tomorrow, year hence
Mr. DAVIS Of Mississippi am afraid that my ex.
PLANTATION was very imperfect for the honorable
certainly argues from premises that never laid down.
denied that the officers whom he refers had been
at home: might almost go to the extent 10 say that the
soldier is at home wherever the his head
Yet SO far arranging for his family the of his
death is concerned, some fixed residence point OF
rest some permanent post. constitutes the home SOL
der la the cases, therefore, to which the refer
red the officers were in permanent post and there
FORE TO this extent, at home But this where the
officer never was at permanent resting place where
he was wandering, like Noah's dove, without point
literally returning from The war as much if he had
died al board Of the transport vessels NV
own construction would have included this. case.
should have considered him returning from the
war But SUCH was informed not the consruc-
ton of the Commissioner of Pensions He held that,
upon his return the United States, the law was salts
fled Il does strike me. however that this officer, be-
ing relieved from duynever reaching fixed point where
he could make provision for his family of his
comes clearly within the spirit of the law, if exactly
within its letter. and that the is such the
ator iron Alabama considers it. 1t is the fixed point
which is the home of the soldier so much so that is
even
Mr. Butler ! am really surprised at the remarks
of the senator. Does he say that this officer
died before he reached the United Siatesis ~ $40 0
Mr. DAVIS thought he should be considered in
law as having died on his way home, and under this
construction application would have been necessary
to Congress. The whole matter rests upon the simple
question whether this officer far prevented from
returning to his home to within the spirit of the
law which gives pension TO those dying of disease
contracted on their return to the United States.
Mr. CAMERON. | desire to know whether Col Dix
had been the United States for some time previous
to his death. II strikes that he here at Wash
Mr.. DAVIS He had been in Washington at different
times during the war and after the He came here
for funds and for orders He was constantly sent back
wards and for wards for this purpose having devoved
upon him the most ariuous duty of any paymaste The
whole merit OF the upon the fact that after the
Mexican war had terminated, he never had opporu-
nifty arrange his private affairs, and make arrange
ments for his family in case of his death.
Mr.. CAMERON. AS understand the case, the an.
of the senator has destroyed all claims for pension
in this II seems that Colonel Dix had been in the
country nearly year, backwards and forwards Ger
ainy he did not die returning to this country from the
He had left the seat of and returned here long
before. He had been in Washington, and had gone to
other places He went to Tennessee. or some other
State in the West, to pay off the volunteers who had
returned home time before. 1t had actually been
months as | understand after he had left the seat of
war, before his death
Mr. PEARCE This case, il seems to me, sir, does
not come within the provisions OF any general pension
law, or of any special law.
Mr. P then quoted from the pension laws in support of
the position that this bill neither within the letter
spirit OF any existing law after which he made few
remarks which were too ndsncy heard by the reporter
| TO be written out
| MIR. WALKER | should be as ready as any member
OF the Senate, have doubt to vote for this bill, if
to consult merely my feelings. But, sir, do
not propose to be guided by them, but to look this
question in Its bearings upon the legislation of the
try. Before the senator for New Jersey made his
marks, was rejecting and trying TO make up my mind
what kind OF case this was Now the laws appear TO
provide tensions for the widows OF those who have
died, who shall die in the service of the country,
IN the war with Mexico from wounds received or from
disease contracted in the war, while they are
returning home. Now there is single question to be
put in this case, and will put it. Was Colonel Dix,
when he took the disease of which he died. or when he
died, returning home from the war with Mexico was
he returning That is question. Was he returning
from the war in Mexico to his home And If he was,
did he die OF disease contracted during the war; or
while yet in the service of the country connected with
! that war! Well it occurs to me that neither question
can be answered in the affirmative. cannot conceive
that the within the spirit OF the law, or the
meaning of the law itself.
So far we have any reports OF the mater-and |