The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-27
reported to the Senate without amendment and ordered TO
be engrossed for the third reading.

MIR MASON That matter having been disposed of.
desire TO ask like indulgence OF the Senate upon the
part oil widow lady, the widow OF the late MAJOR Lo-
max OF the army. move therefore, that the PRIOR or
des be postponed and the Senate proceed TO the con-
sideraion OF Senate bill No 200
The question being then taken, the motion agreed
to- and the Senate then proceeded IN committee OF
the whole 10 consider Senate bill No. 20o-being "A
bill for the relief OF Elizabeth V. Lomax !" which was
read
Mr. UNDERWOOD. That is the bill that objected
to some time ago and rise 10 state TO the Senate that
have found, upon examination OF the report and The
accompanying papers, that The proof IN this case was mol
completed until the year 1850 and yet the pension is
made TO 90 back ten years, 10 lSi2, allowing some
three four thousand dollars OF back pension, which
think is not right AS have said objected to this case
time ago, account Of its retroactive character
The bill allows pension from 1912. while the proof ac-
cordng to the report, was not complete unni lsoohus
allowing some three four thousand dollars Of back
pension, which | think Is altogether wrong AT all
events il is very questionable and think should
be further examined before we are called upon to pass It
III this officer died oil disease contracted during his ser
Mr. MASON. What does the gentleman mean by say
ing that the proof was not complete before 1850! Why
sir there was application for pension. as under
stand the report. until 1850.
Mr.. UNDERWOOD. SO | understand and as the
proof in these cases cannot be complete until application
be made the proof this could not have been COM
pele until the year 1850, when this application was
made. understand that where the right is not estab
lshed by proof presented according to the doctrine o.
the departments, they only allow pension from the
time the right established That IS The law, and that
is what we have been acting upon here. And yet, in
disregard OF that law, this bill proposes to elroact so
TO allow pension for some ten years back. OBJ
lected TO the bill when II was up before, upon that &C
count understand that the whole matter is one OF
very doubtful character. But if the gentleman from
Virginia [Mr MAsoNl will consent to have The bill 50
amended to have it operate but from the time when
the proof OF the right was made complete, which was on
the 22d of May 1850 as see from the papers and the
report, will not go into any further investigation OF
the right of this matter.
Mr. MASON. This lady, Mrs Lomax, is personal
State of Virginia. where she has resided since the death
OF her husband She is of that class of citizens
who refuse TO appeal to the bounty OF the government
long as they can support themselves by their own labor
Although her husband died in 1912, she did then APP
ply to the government for relief but opened school and
gave lessons in music, and occupied her whole time in
maintaining her children, that she might not be obliged
TO appeal the bounty Of this government. She says in
the conclusion OF her petition, what her friends know 10
be true that in applying for this measure OF relief which
she asks from your wisdom and OF Justice, she
earnestly deplores the necessity that compels her to
make tins appeal to the government" Now, if she is
entitled to at this time, she must have been entitled TO
1t in 1912. And submit, that when we have this
ample OF one who kept aloof from the government as
long she able provide for her children by her
own efforts, she should not be denied the that
important 10 her. suppose that was for that
that the committee reported this bill retroactive in
lis operation.
The ground of the claim is this Major Lomax was an
officer of the army who as is stated IN the petition and
is confirmed by the testimony offered passed through
his entire from 1907 TO s42 without having
asked Tor a furough, or been brought before court
martial. He went into the Florida war, as is proved,
man oil robust health and came out with constitution
shattered that he died in consequence of The diseases
he there contracted This is proved BY the certificate
that accompanies the report
Mr. BORLAND. reported this from the Com.
miiee on Pensions. The senator from Virginia Mr.
MAsoSl has stated the ground upon which the committee
acted, They considered IL very meTorIous In
deed Major Lomax was proved by testimony which
cannot be controversial 10 have been disabled by his
vices, and have died of disease contracted by his ex
IN ha ftslI in The viz pfh his nfry
wall take this occasion 10 call the attention OF the Sen
ate TO fact think is time that il should be made
seems TO be the apprehension in the minds OF great
many senators that shall bankrupt the government If
go granting these pensions; that we shall infct
injury upon the government-break down the govern
ment--wh laws granting back pensions But when we
look into the facts, we lind that although the expend
lures OF the government are increasing with railroad
speed. yet The pension list is decreasing instead OF
cteasng Il is not so grea, now as at The commencement
OF the Mexican war. II has been decreasing IRON the
time OF General Jackson's administration, and ~ now
less than IL was previous TO the commencement OF the
Mexican war, and is diminishing every year. mention
this fact 10 relieve the minds OF senators who have the
apprehension that this is great and crying evil, in
creasng burden TO the government, aud 10 show them
that II Is burden that is continually lessening We can
take OF all the orphans and widows OF soldiers, and
the disabled soldiers themselves, without any danger OF
adding to the burdens OF the government We can do
great deal than we have heretofore done, without
adding particle to the burdens upon the government
Mr.. UNDERWOOD ! said, if the gentleman would
ing 10 say about The bill. said, though, that thought
II was doubtful case and my friend from Arkansas
reads lecture the subject OF my former opposition
TO pension bills, because suggested the other day that
we were in fair way of putting one half of the COM
muhy the shoulders OF The other half for support.
DO mol want to discuss this subject have discussed
this and almost all other questions uselessly that
tired OF them; but want evers body 10 stand upon the
footing, Mr. President. We have by our action
tune and again said that pensions should not be allowed
until the claim against the government fairly estab
lsbed by proof. When this bull up objected TO IL
on that ground. IL has been the rule upon all other PEN
sion bills since that tme and we TO make Mrs
Lomax exception With what grace we appear
before the country in doing How senators stand
when they establish rule and apply il in all in
which the objection has been raised and yet make this
an exception The people OF this country stand upon
toe same footing before the law and insist that you
treat the widows Of officers Just you the widows
OF soderstbat you treat the humble and low jus, you
treat the famous and exalted. Have 1 done more than
that IN asking the Senate TO make the amendment that
pension in this should the 23d OF MAY
1850, when the proof completed No. sir; and l.
not that reasonabe' II you intend TO egsae for every
body alike II II you intend to leglslae the ground
OF making favores and exceptions, perhaps i is not.
have not the pleasure of knowing Mrs Bomax, like my
friend from Virginia. and OF cannot be supposed
on any spirit OF sympathy growing out OF thai
acqnainanceship, which no doubt has been highly
pleasing TO the senator All ask is that shall egis.
late for every ody alike.
There is another feature in this bill II proposes to
grant this lady pension for life Here is law before
me which provides that the widows OF soldiers and officers
dying IN the service shall get five years pension and
II the widow happens marry in that five years, the
children shall get pension under sixteen years of age
but here, independent OF Observation-Disclosures; OF any
fUI ~ Mrs IDm ne 10 10