The examiner. (Hartford, Conn.) 1881-188?, 1886-07-24
THE MAN OF HEART AND BRAINS.
BRAVE BEN. BUTLER ON THE
PENSION VETOES.
He Defines the Powers of Congress and
Ihe Duty of the President-Somelhin
that Old Soldiers should rend with
Interest

|
ted President instead of Grover Cleveland,
and would have been if those whose cause
he had ever championed We're led more by
their own good common sense, than the
sophistry of their enemies and the preiC-
| dice of party allegiance. The article will
| serve to show the great Analysing powers
of the candidate of the Peoples Party, to-
| gether with the good heart which prompts
| his every utterance:-
''It is the prerogative of Congress to exer-
| else discretion in regard to the expendi-
ture of the public revenue, and to deter
mine, within that discretion, the objects
for which it shall be expended. 1t is to
Congress, and not to the executive or judi
cial branches of the Government, that pc
| titions' are addressed for "a redress of griev-
ances.' Under the right of petition Con-
gress hears and determines the petition and
decides upon the redress. In such case
Congress acts in quasi-judicial manner.
| There is a hearing given to the petitioner,
testimony is taken, and decision made
upon the evidence in each case. The Pres
| ident is not party to such proceedings.
He cannot know the evidence adduced nor
the merits of the petitioners claim. The
bill for the relief of the petitioner is in the
| nature of a writ or warrant directed to the
proper executive officer, authorizing and
enioining him to pay the award which Con-
gress has adjudicated as the proper amount
of relief for the petitioner. Hence would
be understood as saying that veto in such
a case trenches upon the right of petition
and upon the powers of the legislature
| 1t IL a conclusive presumption that the
case vetoed is meritorious one, and that
Congress, in passing the bill, did not ex-
coed the legislative discretion vested in it
by the constitution"
But suppose the President does not con-
cur with Congress regarding case?
81 have also answered that supposition,"
said Gen. Butler ''He must presume
that Congress has sufficient evidence of the
merits of the case when the bill of relief
finally passed both Houses. He could not
officially, or even privately, know the char
acter or force of the evidence submtte d by
the petitioner"
But suppose still further that the Presi-
posed upon by a pension claimant, or at
least the President entertains that
opinion, must he nevertheless sign the
special pension act ?
81 will answer this question by referring
you to section 4, 720 of the Revised Statutes
of the United States, which relates to pen
sions allowed by special acts. This section
sufficiently provides for such case. 1t
says that the Commissioner of pensions
shall, upon satisfactory evidence that fraud
was perpetrated in obtaining such special act
suspend payment thereupon until the pro-
priety of repeating the same can be con-
sidered by Congress- You see this pro-
vision is in harmony with the public policy
that leaves the legislative branch Of the
! Government in exclusive control of the
redress of grievances under the sacred
right of petition. 1t is already provided
by law that no pension shall be paid on any
special act of Congress, if the Executive
branch of the Government has satisfactory
evidence that Congress has been d ceived
| n nj n lfpr w
deception on the merits would bea fraud. }
until Congress shall be furnished by the ex-
ecutive with such evidence aud have deci-
ded, after due consideration of it, whether
or not to repeal the special act.
Then it is the duty of the President to
approve any special act allowing a pension
"The President determines for himself
what his duty is.
If you were the President what would
you do, General, in such case?
| "Do you mean in a case in which | had
some evidence that appeared to me salts
factory that fraud was perpetuated in OBJ
tanning q special pension act ?''
Yes, General.
"Well, l think would not set up my
| own Judgment in advance in such a case.
would let Congress determine on the new
evidence, If it should prove to be new,
whether or not fraud had been perpetra-
ted in obtaining the special act. / would
my signature If l saw cause for not oppos-
ing it. If had any evidence of fraud,
would stop the pension under the provision
of section 4,720 of the Revised Statutes,
and submit that evidence to Congress. In
this way the right to the pensions would
be decided without requiring two-thirds
| vote, which would employ censure on
the Executive. l would avoid resort to
the great conservative. ve'o power in so
small matter"
You think that would be the more de-
corous course of Executive action
SIT is not a question of decorum. If it
were, there might possibly be a difference
of opinion in which each critic would
make up his own judgment. But it would
/ be the only course consistent with the true
| spirit of the Constitution, as it would avoid
anything like an encroachment by the Ex-
ecutive upon the legislative discretion"
| What is your opinion, General, as to the
number of fraudulent pensions allowed by
| Congress?
81 have no opinion that any fraudulent
pensions have been allowed by Congress.
1t has become fashionable in some quarters
to decry everything in the shape of a new
| allowance of pension or increase of pen
sion as fraud on the public Treasury.
When our soldiers were earning the right
to a pension during the late rebellion,
which their valor suppressed, the people
| who now voice this sentiment would have
been called copperheads and traitors-the
Mugwumps OF that day l need hardly
say that my opinions of pension matters
are not in harmony with the opinions of
that class of reformers who repudiate the
pledges which the loyal people of the Unit
| ed States made to their defenders ON the
battlefelds. A pension to every surviving
| soldier who needs it, pension to every
soldiers widow and orphan who needs it,
is, in my fixed judgment, a debt due by
this great and wealthy republic to its de-
| tenders, which cannot, without gross dis
honor, be repudiated either by thes Chief
Executive, or by Congress-, or by the peo-
pie, who are now employing what was pre-
served to them only by the sacrifice of so
many gallant lives At best pensions are
| poor sclace for the bereavment of so
many homes and the increasing physical
| disabilities of almost every surviving SOL
| dier.'
General, when you were in Congress up
on what principle did you act in voting on
| special pension bills?
81 acted upon what 1 deemed principle
of justice and liberality BETTING the Rep
| resentative in Congress. l knew that if a
soldier had served in the war, he had be-
fore entering the service been examined by
competent surgeon and been found a
sound man. / further knew that service
In ba fold xttoc c,,ffi ~ t<o