The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-08-20

Pension List
We have seen in various quarters statements relative 10
General Seotts attempt 10 have his placed ON the
pension list in 1885, on the ground of disability while
he was receiving full pay and allowances for doing duty
as general The statements we have seen conflict with
each other; and as oil them conform exactly with
The iaets, we have inquired into the matter for the
purpose OF correcting whatever wrong impressions may
have gone abroad
We learn that during the first session OF the Twenty
fourth Congress. General Scott being then an officer in
the army receiving the pay and emolumens of his rank
presented petition to Congress praying that he might be
allowed pension, The ground that he had been disabled
Z" The public service Had the petition been granted Gen
eral Scott would have received full pay for perform
ing has duties, and would have received, at the same
time, pension, on the ground that he had been
disabled and could moi perform them. We cannot
lay copy OF the petition itself before our readers,
because il was printed. and the original disap
peared, or was puolned from the files OF the Clerks
office OF the House Of Representatives, years ago. But
was referred TO committee, and the report of the
committee upon it is file. That paper is SO full
and explicit, that the loss OF the petition is OF but little
consequence. 1t was made the House of Representa-
lives on the 9th OF June, 1886, by Hon. j. M H. Beale
then and now member OF Congress from the State OF
Virginia. By the argument OF the committee, the reader
cannot fail TO be satisfied to the nature of the state
ments which the petition contained and the ideas it pre-
scented touching the principle which the pension laws
are based But, for fear that will be charged with
presenting partial view OF the matter, and 10 carry out
original purpose of removing any misapprehension
which may exist, we lay before readers certified
copy OF the report. AT the time when this report
made General Scott receiving high pay, and his effort
to obtain pension from the treasury, the plea of dis
ability can only escape severe condemnation by attribu
ting 10 him an utter and entire misconcepon of the pur
pose and intention of the pension laws Officers and SOL
ders who receive pensions because of wounds and nu
res inflicted in The line of their duty do not receive pay
for the duties they unable TO perform; and officers
and soldiers who receive pay for performing duty cannot
properly receive pension the plea of disability. The
pension granted in order to afford them assistance their
discharge voluntary return to private life, unified by
reason Of disability for the ordinary avocatons
HOUSE REPRESENTATIVES OF THE UNITED STATES.
August ii, 1852
Report the of General Vinfsd Scott, June 8. 1886
Tread and laid on the table ]
Mr. Beale from the committee to whom referred the
resolution the House inquire into the pedency of
placing General Winfield Scott upon the list OF invalid PEN
That the fact of the innicton OF the wound the
and under the circumstances stated is sufficiently proven
The committee have diligently sought in the laws relating
to PENSIONS and in the practice Of the government in the
dspensaon Of its benefits, for the right the precedent
that would authorize them in granting the prayer OF the
tioner The commitee OF opinion that the object Of
the in the passage of those laws was by pecu
MARY aid afford relief and comfort only TO those officers
and soldiers OF the army and navy who, while in the
vice OF their county, were SO unfortunate as TO receive
wounds suffer disabilities of that character, which, upon
their discharge voluntary return to private lie, rendered
them unable to obtain subsistence by their usual ayoca
tons,
The difficulty in this is whether officer shall
ceive and pension for the same time has been
tempted give construction those laws iavorab
the applicants in consequence OF the phraseoogy OF OF
oesr seaman and maIne disabled in The line Of
shall be entitled 10 receive pension &c, &c, by which
is nded that all persons who a, OF applca
,on and by the holding OF their commissions and by
the performance Of military duty in the contemplation Of
law entitled to pension under the oil disability
The first objection of applying that of the act OF April
1900 this is that that law intended for the bet
not extend 10 the officers Of the army Of the United States.
Is that If this law did include the OH
in commission and in the performance Of duty by the
strict construction OF language cannot also apply those
who officers and soldiers bat who from wounds and
disabilities have retired from the service, and now
longer such 10 contemplation OF law; which not pfetend
be in direct contradiction TO the obvious motives OF the
legislature and the practical application OF the laws OF
sion since helf origin IN tns case, II ,he nrsa alncny
over, second would occur which is that in all applca
picant having aimed in the army of doing his duty
receiving his pay taken proof of sei that the dis
ability was not OF that character which entitled him to
pension.
The committee regret the refusal that is imposed upon
them, by sense of duty, upon the application OF gallant
officer who in many perls, and Tor considerable
length OF tme has distinguished honor him
sell, and with evident and acknowledged utility to his
county.
Resoips5 unanimously, That the petition has sub
stantiated his claim TO pension.
The above is copy Of the original file in the
49, P. BARRY HAYES,