The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-07

Now, in regard the provision that the pension shall
be suspended during the period that the pensoner is in
The enjoyment OF The smouTnents OF sslared civil
ohce." Ths is the language of the amendment The
senator from Illinois seems suppose that that will
suke from The roll every pensioner throughout bis State
ana other sections OF The country who may happen 10 be
employed postmaster OF little village the receipts
o which Office amount 10 ess Than his pension, But the
amendment does no touch such case That is not a
" saiarled cyh Office" salary IS a stated annual com
pensaoD Tor services That is the meaning OF H. II Is
not hypercrtcal 10 make that distinction; IL is plain and
obvious postmaster receives bis pay 10 the way OF
commissioners ard II rs only regard 10 the posDastes
IN the cities where the commissions amount TO larger
sums ihas tie law allows postmaster TO receive and
where be therefore has fixed compensation that we
could sag II IS IN any sense saaried Office IL - very
obvious that when they receive commissions merely 10
small amounts, they not salaed civil officers and
therefore the amendment does not touch them. do moi
know, indeed, that II will touch any OF that numerous
class VI employees who rather be considered abofes
than salaed ofticers For officers under the United
States mug, be appointed either by the President with
the advice and The Senate under law
vesng the appointment IN the head OF department,
The language OF the constitution Is:
" Bo. The Congress may by law yes, he aPnoinme,g, Of
alone "a the cont's Of law, Or IN the heads Of agpaF
Any other Than those persons Who are appointed by
The President, by and with the advice and consea OF
the Senate by the courts heads OF departments in
virtue OF some law vesng the appointment IN them are
not otcers IN the OF the constitution, and there
lore not officers lathe OF The law suppose thai
The byGtmen in the service, and, indeed, that
all the class oil employees whose appointment is made
by the heads OF the bureaus and such other officers,
would not come within the principle OF this amend
meni. IL will not therefore, touch the classes OF en-
ployees with small compensation. u might touch per-
who receive 81 600 year and think, myself,
that who receives salary OF $1,000 year ought
not to be pensioned besides for disability 0a#e
Now, sir, this principle has been applied TO the navy
BY the navy pension bill of ls4l, which contains the
following seciion
sEc Ind be it frthrr enacted Thar no officer sea-
man, Varne entitled to pension fon the navy pension
ceive from he said tund Than is saticent 10 make
The Whole amount received from the abnvenamed sources
officer, seuman, marine may belong officer the
services IN wheh he may b. engaged dufing the
that officer hal receive pay the time both
pens,oner and vu oRcer IN The service !"
In The Construction Of this provision il might be doubt
ful perhaps, 10 whether a seaman marine could
have pension while in the service but the honorable
senator from North Carolina, Mr. BADGER,] when Sec
reaTy OF the Navy, gave The construction to The law
tha, tie could not have Lis decision here:
/" The OF sramen aud marines seems to present pc
eular dcuEies aud regret tile hard quences
hem oi tie decision have been compelled 10 form. They
cannot when In service receive more than their pay be-
there discrimination by law between their
penss ion when duty and wnen ployed Hence ii
SEQ as to follow that no seaman % marine, while IN ne
sece aud wing pay, cau receive any payment at all
on accoun; oil pension ..-...
Mt SHIELDS | will slate To the honorable senator
that that is the rule already existing 10 tn army
cannot draw pension and draw pay in The army at the
Mr. PEARCE Very wei that only siren gtbens the
Argument The amendment does not propose 10 make
any change in that regard proposes carry the prn-
cipe te further and apply TO persons occupying civ u
Offices The same rule which Is already applied 10 those IN
the military service. cannot Tor the life OF me,
what reason there is why any distinction should be al
tempted TO be eel up between the two, in favor OF the
civil employee II there is any reason for distinction,
should exempt the officer whe engaged in the mill
Isry naval service from It's operations because, pre-
sumo, they subject 10 hardshps while engaged
on doty military and naval service than those who
hold civil office.
These are the whole objects Of the amendment 1t does
propose Dcl any hardship any act OF degrada.
ton upon the pensioners II is 10 apply principle and
you do apply il, you would better abolish the pen.
son system or adopt some new principle II you leave
matters they are, you indirectly sanction the drawing
of pensions 10 which the parties not eated upon
principle OF indemnity.
MIR SHIELDS. | have nothing TO do with the inten-
ton oil the amendment irying 10 deal with the
ane ndrnent as il stands and il the honorable senator
from Mary and the honorable senator from Virginia
will give me their attention, | think can show them
clearly why IL is an improper amendment.
In the sl place, invalid soldier who has been dIs-
charged cannot obtain any pension unless he gets
uhcae IRON two surgeons 10 the nature and amount OF
the disability the time when the disability occurred the
place where il occurred and thai ii occurred the line OF
his duty. When that is certified he obtain bis pen.
sion Now, The amendment rs intended, honorable
tors say, TO relieve the pension system OF frauds want
to show every VINO will give me his airennon on
the subject, that will not operate the honorable
sors believe il will That is my objection II will dis
appoint the senators in lis operation, and will show you
sober shall have re examination OF his condition by
Two surgeons The two surgeons must be approved by
the Secretary oi the lnleuo Ia the FIRST place. then, the
SECRETARY OF the Interior approves OF the two surgeons
and The invalid pensioner, no matter where he lives in
State has to 20 lhose two surgeons who approved
BY the Secretary Of the Interior to have himself
med. The pensioneT receives eight dollars month
Now want the attention Of senator's 10 show the work
log OF this provision.
Mr. HUNTER. II the senator will allow me. | think
can explain that matter He is mistaken 10 sufposipe
that the provision requires that the Secretary OF the inte
ton Now, suppose there will be some departmental
regulation The sublect-perhaps, that the surgeons
shall be approved by the agent who pays the pension.
Mr SHIELDS Oh, 10 by the Secretary of The inte-
or The surgeons must be approved by the Secretary o
the Interior, tell the honorable sdalor, either before
Mr.. HUNTER They will be approved upon some
Iule % be established by him. suppose be establishes
the that the pension sgen, who pays the pensloneI
shall decide whether they sucent and whether the
exsn0aton made by them s sufficient that would com,
under the amendu uent l# #sH.s
Mr SHIELDS | am not proceeding on any supposi.
ton 10 what he may d. am taking the amendment
as IL now stancs
Mr. RUSK II the honotabe senator will allow me,
think can compromise the difficulty between the two
senator's, and save Tune.
Mr. SHIELDS | will continue a iev words further,
be approved BY the Secretary OF The lnlerort matters
whether beforehand or afterwards Their certificates
will be oi no avail nnless the Secretary of the Interior
approves them. What ihey 10 certiy ask honor
able turn the amendment and what II "a
They 10 certify on oa,h-mske ar sthdayt--of the
continuance oi The disability Whatever the disability
they certify ba, II slll continues. Still fur
her, they 70 describe ~ and they ate TO certify The
date Of the disability only wat 90 show tha nature Of
the amepdmrnt How can tso surgeons, now livin1