Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1852-09-04
From the Washington Union.
GENERAL SC0TT'S PETITION TO BE
PLACED ON THE PENSION LIST.

{ We have seen in various quarters statement
relative to Gen. SCOTS attempt to have his nam,
: placed upon the pension list in 1886, on tn,
ground of disability, while he was receiving iul
pay and allowances for doing duty as general
The statements we have seen conflict with eacl
other, and as mona Of them conform exactly with
the facts, we have inquired into the matter, fo
the purpose Of correcting whatever wrong i'm,
pressions may have gone abroad.
We learn that ddfiag the first session Of the
Gath Congress, Gen. Scott, being then an officer
in The army receiving the pay aud emouments
of his rank, presented petition to Congress
praying that he might be allowed pension, on
the ground thar he had been disabled in the pub,
Tic service. Had the petition been granted, Gen.
Scott would have received full pay for performing
his dGties, aud would have received, at the same
time, pension on the ground that he had been
disabled and could not perform them. We can
not lay COPY Of the petition itself before our
readers, because il was never printed, and the
original disappeared, or was puroned from the
| files Of the Clerks Office Of the House of Repre-
sentatives,so years ago. But it was referred to
& commitee,a and the report Of a committee upon
| tits on the file. That paper is so full and explicit,
that the loss Of the petition is Of but little conse
quence, II was made in the House of Repre-
taves on the 9th of Iune, 1886, by Hon. j. NJ.
| II. Beale, then and now member Of Congress
| from the State of Virginia. BY the argument of
the committee, the reader cannot fail 10 be sal
isfied as 10 the nature of the statement which the
! peti tion contained, and the ideas il presented
touching the principle on which the pension laws
are based. But, for fear that we will be charged
with presenting partial view of the matter, and
TO carry out our original purpose Of removing any
misapprehension which may exist we lay before
our readers a certified copy of the report. At
the time when this report was made Gen. Scott
was receiving high pay, and his effort 10 obtain
a pension from the treasury on the plea of disa~
billty, can only escape severe condemnation by
attributing TO him an utter and entire miscdn.
ceplion Of the purpose and intention Of the
pension laws. Officers and soldiers who receive
pensions because Of wounds and injuries inflicted
in the line of their duty, do not receive pay for
the duties they are unable TO perform and Off
GERS and soldiers who receive pay for performing
duty, cannot properly receive a pension on plea
of disability. The pension is granted in order to
afford them assistance on their discharge or y0l-
unlary return private life, untitled, by reason of
disability for success in The ordinary ayoca-
tions.
House of Representatives. Of The U. S.
August IL, 1852.
Report on The case Of Gen, Scot, June 0, 1886.
Read and laid on the Table.
Mr.. Beale, from the committee TO whom was
referred the resolution Of the House to inquire
into the expedency of placing General Winfield
Scott upon the list of invalid pensions, reports
That the fact OF the intlction of the wound at
the time and under the circumstances stated is
sufficiently proven. The committee have dili>
gently sought in the laws relating 10 pensions,
and in the practice of the government in The dis
pensation of its benefits, for the right the pre-
cedent that would authorize them in granting the
prayer of the petitioner. The committee are of
opinion that the object Of the legislature in the
passage of those laws was by pecunisry aid to
afford relief and comfort only 10 those officers and
soldiers of the army and navy who, while in the
service Of their country, were so unfortunate as
to receive wounds or suffer disabilities of that
character, which, upon their discharge or volun
tary return to private life, rendered them unable
to obtain a subsistence by their usual advocaN
tons.
The difficulty in this case Is, whether an officer
shall receive pay and pension for the same time.
1t has been attempted 10 give construction TO
those laws favorable to the applicants, in conse-
quence Of the phraseology Of some of them; as
in the act Of the 23d April 1900, il is said, "eve-
ry officer. seaman, and marine, disabled in the
line Of bis duty, shall be entitled 10 receive
pension" &C.. &C., by which il is contended that
all persons who. at the time Of application. and
who by the holding Of their commissions and by
The performance Of military duty are in the con-
temptation OF law entitled to pension, under the
circumstances of disability. The first objection
Of applying that part Of the act Of April s00 TO
This case is, that that law was intended for the
better government OF the navy OF the United
States, and does not extend TO the officers of the
army Of the United States. A second objection
,, that If this law did include the officers and
soldiers Of the army Of the United States who are
IN commission and in the performance Of duty,
By the same strict construction OF language u
,anno, also apply 10 those who tcere officers and
'odiers, but who, from wounds and disabilities,
rave retired from the service, and are now no
ohger such in contemplation OF law; which is
,oi pretended. and would be greatly erroneous,
nasmuch as il would be 10 direct contradiction
o the obvious motives Of the legislature and the
,ractica application Of the laws Of pension since
heir origin. In this case, " the first difficulty OF
eceivng pay and pension at the same time were
,otton over, a second would occur; which Is, that
n all applications for back pay as pension. the
circumstances of the applican, having remained
a the army, Of doing hi. duty. Of receiving bis =
ay; is tsken as a proof Of Itself that the dsa-
iliiy was no, Of that character which entitled
i'm 10 pension.
The committee regret the refusal that is i'm i
osed upon them, by sense Of duty, uPcn the
pplicaiion Of gallant officer, who. in 80 many Il
sriss. and for so considerable length Of time. =
as served with distinguished honor TO himself !,
nd with evident and acknowledged utility 10 his 1
'unty. nj