The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-22
ttIsd equally with Mrs Lynch to share in these rights


Pensions inquire into the expectancy and Justice oil
our amending the act for the relief OF Mrs Charlotte
Lynch 10 provide for Tho payment OF moiey of the
sum granted her 10 the children Of her deceased
brother similar resolution as understood, had been
agreed TO be reported BY the Committee on Pensions
the House OF Representatives,; and il was with view
Of expedng The passage Of that bill Joint resolution
that felt IL 10 be my duty Introduce resolution as an
OF Justice the descendants OF the deceased brother
oil Mis-. Lynch, and 10 call the attention of the Com
mee on Pensions TO H.
Now, it is said by the honorable senator MIR HALEl
who reported upon this resolution. IN the gsaton upon
this subject is finished and that therefore, there Dug bit
TO be end to the claims OF these heirs Now it is not
in the power OF Congress, until the money be
ally paid from the treasury, TO do Justice 10 all who shall
appear 10 be equally entitled to i'll agree that il this
grant made act OF bounty merely TO Mrs.
Charlotte Lynch the other representatives OF Lieut. Col
EbeneZer Gray would have no claim TO it, But If il was
made act OF justice, and not as OF bounty,
then say the legal representatives OF Lieut.. Col Gray
are wronged, and injustice has been done them
unless they permitted 10 come in and participate IN
these vested rights II is in the power OF Congress,
if they would do justice to all these representatives, 10
discriminate in favor OF one TO the rejection OF the equal
claims OF another But although We have passed act,
III has been passed by Congress without the interest
OF others being made known by the report OF the
mittee or by the memorial OF the petitioner upon which
that report was made, until the msney has been actu
ally paid out by the officers OF the government, ii II
within the power OF Congress to correct H. In my judg-
ment it would be aci of gross injustice 10 these heirs
Congress did not correct il when II in their pow
er Ii was not based, however, at all by the committee
upon the footing OF an act OF bounty and generosity
NO lneIlls The part OF lhe recipient OF
this grant those OF the other representatives of
Lieutenant Colonel Gray mentioned by the com
mlttee no reasons were assigned BY The commtee
why there should be discrimination made between those
who have descended equally from the merlorious
cestor in whose favor these claims passed Why
then, throw this apple OF dscord in the midst OF thai
family to separate The different branches OF il from each
other, must necessarily be the case il there is feel.
ing in their bosoms that act of injustice has been done
TO one branch OF the family upon the petition OF the
beers of another branch, when the fact of their equal
claim not made known in the petition TO Congre
and not made known In the report OF the committee upon
which Congress acted hope tina, the motion will be
reconsdered by which the bill was laid on the table
will say, before sit down. that far as have per-
sonally any sympathy for any OF these parties my SYM
pathies have been enlisted in favor OF the grantee under
this act She alone OF them ALL personally known 10
me- The Others are entire strangers and did not know
even OF their existence until letter addressed
alter the passage OF this act.
Mr. BERRIEN The feeling that is called for upon
this occasion Is not Tor either branch of the family OF
Lieutenant Colonel Gray. The feeling which this
sion lnvokes Is feeling OF respect Tor the laws OF the
land-o obedehce TO the authority OF the government
Sir, this the most extraordinary proposal in my ndg
ment that was ever presented TO an American Congress-
any leg sative assembly Now, what is this
The child OF widowed parent appeared before The Con
gress OF the United States twelve months ago, ask
ing compensation for the services of her grandfather IN
| bahalt VI that widowed parent Now, this clam was
pending here during that length Of time, repeatedly
discussed and noticed in the public papers, made the
subject OF comment and though passed here without DIS
cussion, yet amply earnestly, and terveny discussed
the House OF Representatives. Since the House of Rep
resentatives absolutely adjourned upon this ques,onor
rather the decision upon was waived for the purpose
OIL enabling them TO adIourn-he subject was taken up
and resumed al this session in the Heuse, where it
largely discussed the whole OF the presented
before the Committee on Pensions and the fact that this
lady was the only surviving child OF the revolutionary
othceI was stated TO that committee and also the fact
that there surviving grandchildren. And now, al
ter by the assduous efforts OF the ndv dua presenting
this petition during ibis long period OF ne favorable
decision has been obtained these claimants, under the
pfelence OF being ignorant OF proceeding that was
known throughout The country, bruited 10 the public
Iom all the papers, and made the subject Of remark
eyerywhere--under the pretence OF being ignorant OF
this transaction altogether, when has been completed,
when II has become law of the land, these persons
come to us and say, Give portion OF that which
have had no agency IN acquiring. Why, if this matter
stood upon that ground alone the feeling OF the Amer-
Can Senate would repe the application. But It stands
| upon much higher ground
What is The proposition that has been made The
claim OF Charlotte Lynch has, by act OF Congress,
and the signature OF the President of the United States
become The law OF the land. The money which has
been given TO her by that law is much her private
property any other portion OF the little property which
sue possesses Now what are you asked TO do, viola
ton oil that law, IN violation OF the rights OF that IN
dvlduai Why, to put your hand upon that money, and
stay The execution OF that which is the law OF the
land and TO distribute that which is the private property
oil Charlotte Lynch among these other claimants. Now,
upon what ground was this bill passed Was itupOn
the report OF the Committee on Pensions No, sr;
| II Congress could be poled upon tins subject ! ap.
prehend that ~ out OF loo would answer that they
have acted upon their convictions and opinions and
report OF any committee. lney considered
themselves as giving bounty, and not as comply ing
with vested right That would be the of every
Bun is perfectly Indifferent upon what considera
ton the grant made Ii is perfected by the action
OF both houses OF Congress- IL is signed by the President
OF the United States and has become law of the land.
Is no then, the private property OF the grantee and
you take away private property for other than public
use, and then upon just compensation!
But, again, as 10 this report OF the committee: The
committee say that the legal representative OF Lieutenant
Colonel Ebenezer Gray had a vested right 10 indemnify
NOW,
legal representative in the strict parliamentary OF
the erm-n The language OF the pension law Accord
ing 10 presidents uniformity established by Congress, who
Is the legal representative Can the honorable senator
IRON Connecticut Mr. baldwin, put his hand upon
single instance IN which Congress- in grant OF in
demnty pension of tins kind, has gone beyond the
children OF a deceased and menonous public oficer'
Mr. BALDWIN. The committee report that the vested
right descended 10 the legal representative
Mr.. BERRlEN. Exactly | heard the honorable
a,or read that with great emphasis before, and graft
he'd that he has had opportunity of doing ii again
tLangherl But with regard TO the inquiry OF who in
the language OF the pension law, the legal
tve say that the uniform OF the precedents in
Congress has always been 10 limit these
like this. TO the immediate issue OF the deceased
officer You can lind instance of their going beg ond
the child to provide for the grandchildren.
In my judgment, the Congress Of the United States,
and especially the Senate OF the United States, To
itself to assert s proper and constitutional authority
upon this subject Here is bill which has become law
OF the land and upon the signature of that bill by the
President and it's peseoment at the Treasury Department,
the head ct that department bound pay that
money. The hesitation to pay this upon any out door
rs violation OF the which is due 10
the authority and the law and trust the Senate OF the