The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-20


of that act he viii see how this debt provided for
presume he is familiar with H. and do not propose TO
teach him nythng either oaw or fact this case orn any
other Those sections Of that act think WIZ satisfy
any candid mind that In fact these certificates issued to
revolutionary officers in 1888 scaled about 80 per
cent II certainly appears that the amount OF the cer-
Gates not paid but less amount The rate OF scaling
according to the best calculation make, is 80
cents the dollar believe 81 cents on the dollar is
fully much as the government finally paid on these GER
tifcates
The result then, Mr. President to which come in
sdeng these resolutions is that the original resou-
ton snpsormed is agreed except by the performance
Of the second cannot be considered as even D
the second because the second not entered into under
such circumstances TO make bindings and II 1t were
IL has not been performed by the government as TO ao
rogats the original resolution and that therefore, STANDS
yet in full force
The bin before the Senate charges in principle the officer
with the amount of his commutatonto illustrate p ope
ration $2400 taking that the average due 10 tne
officer II credits him the amount of his hapay or lie
provided his death occurred previous to the 80 OF March,
1885, for at that time another law TOOK eject Inc con-
ttee therefore, thought that this bill ought not TO provide
for the hapay of the officer who lived beyond that Pc
Rod because he then otherwise provided for by law
The pension of 1928 took effect from the Sd of March,
1926 That act and the act OF 1892 gave TO the revou
tiouary officers and soldiers both of the militia and line
full pay for life limiting the amount of pay to that Of
captain of the line giving officer amount above that
The principle OF the bill is charge the officer with the
amount of his communication, and then allow him his half
pay during life up to the Sd Of March, 1926 The ques
ton h that principle be vndicated ON the facts before
the Senate the present timer submit with great con-
fdence that that principle be vndicaedthat II is
Just principle 1t is only too rigorous as against the ON
GER and too liberal to the government 1t ought not in
my Judgment to charge the officer with anything more
than the cash value of the communication at the time
when the advanced to the officer at the close
of the war; reckoning it at oneghth which its mar
ket value perhaps at that time Charging the officer with
that eighth and then allowing him his halfpay for
@ Up t. Of Of
ter But the bill in its principle charges the officer with
the nominal amount of the Communication, although the Off
Ger did not receive it.
To show that this is principle which can be indicated
appeal to the of Dr. Baird which has been passed
by this very Congress- having been reported upon by the
Court of Caimsthe OF Thomas H. Baird against the
United States which the Court of Claims orig
inaly reported upon by the court bill submitted BY
that court for his relief at the last session was passed by
both houses OF Congress The principle Of that bill GER
tay vndicates the principle OF the measure now before
the Senate vindcates II most efectuay for the case
of Dr. Baird BY no means so strong as the cases provided
for under this bill in my judgment Dr. Baird was
regimenal surgeon of regiment OF arthcersnot officers
and soldiers proper in the An important point made
in the was whether regiment of arfcers was really
within the provisions of the resolutions Of 1880 and
ard the Court of Claims of opinion appears by their
epor tie judgment being given by the honorable chief JUS
tie Of that court and very able opinion that that class of
men ho served ia heamy within the meaning those
resolutions of Congress- and Dr. Baird therefore, en
tied IS officer Of the army He was OF the officers
duced in I78 His representatives subsequently received
his computation aud received it in full for they received
il under an OF Congress at subsequent time and re-
ceived good mons money at two shilngs sixpence
dollar Tor dollar STILL the Court OF Claims first and Con-
gress have allowed to the representatives of
Dr. Baird and justly, in my opinion bis hapay for life
which was due the Court Of Claims find to have been
$l0OT4 a. and they allowed and Congress also allowed
interest that from the 27th OF October 1902 TO
tbs st OF June 1856 deducting herefrom the sum Of
g. paid under the act of June 49, 1885, making an
amount paid TO the representatives OF Dr. Baird OF more
than thirty thousand dollars Any gentleman VINO WI
Baird which opinion has certainly had the sanction OF the
Senate well of the other house. for the bill reported
by the court is law of the land will find an ample vim
dicaton Of the principle this BILL needs to be vnd
cared by precedent and by the authority of Congress,
for il is full certainly to that extent
think Mr. President that other presidents this sub
ject OF authority and ought to be so esteemed by
us, though they not binding upon u.s. allnde to the
action oil ormer committees Of Congress- at various times
from the year 1870 when the first report was made on this
subject down to the present time.
1t will appear examination, that Congress- in the
year 1910 had report from committee in The House Of
Representatives in which the whole ground gone
fully and the rights OF these officers and the obligations OF
the government 10 them, examined deliberately and
the resut arrived at was that the government still in.
debted to the officers their representatives
This was to the revolutionary period than we
are and the opinion of then living this subject is
entitled to weight than the opinion OF men OF the
present day. for they were familiar with revolutionary
history and with the circumstances attending
the passage of the resolutions Of 1850 and 1888
The next report made in 1918 by committee Of the
House of Representatives who made another full exai
nation of the arbiec to similar result and report
ed a resolution favorable to the claim.
In 1910 the subject Ggain examined by committee
of the House of Representatives Ct the head Of which was
Mr. Sergeant of Pennsylvania 1t special commit
tee and it made very full report, and reported bill
Again report made in the Senate the Sd OF jan
uary 1885, favorable the claim. in the House Of Rep
resenatves in the yearon the 26h OF Februarya
favorable report made Another favorable report
made April 1882 by Mr. Walker of Wisconsin, from
the Committee Revolutionary Claims after having made
full examination Of the subject recognising the validity
Of these claims the government And in 1854 the hon
orate senator from South Carolina, Mr. EVANS then and
now At the head of the COMMITTEE. Revolutionary Claims
made favorable report and reported bill substantially
like the before the Senate and that bill was passed by
this body.
repeat sir these precedents appear to be ent
tied consideration There is not it will be noticed
single report from 6rs to last, unavorable to these
claims All that it be urged that Congress has done
adversely these claims s that it has not paid them No
vote has ever haen taken denying their validity the
contrary when Congress has been brought to vote the
subject that has believe been in response to the
voice Of the conntryof humanity, of justice of right
favorable to these claims
Sir the bill has been attacked violently In its details
think they can defended The frat section provides that
the officers OF the army who entitled to haay under
certain resolutions OF Congress shall be entitled to receive
the Sans although such officer may have received, in lieu
thsre, Ae of full pay for five years upder
the rsolu d Congress of the 22d Of March, 1888 The
secosd provides that 1t shall be the duty of the
proper atng officer, when applied to for that purpose
by who by this act entitled to receive his
or her guardaa ascertain what Ia due TO such officer
from tho time he became entitled to hapay until his death
that occurred before the Sd of March, 1926 but If he
died after that time then up to the Sd OF March, 1925.
The third section provides that shall be the duty of the
Secretary of the Treasury when the amonpt due to any Of
6ccr has been asceraned to pay the same after deducng
tho