The National tribune., 1889-08-08
PENSIONS.

Rulings and Decisions by the Assistant Secretary Of
this Inferior aHd the Commissioner OF Pensions.
Assistant Secretary Bnssey has affirmed q
former rejection Of the pension claim Of John
C. Abbott, late Of Co. B. I'd ILL., Art Itappears
that the claim was rejected by the Pension Bu-
reau, after special examination, for failure Of
proof, and that, on appeal. that action was af-
frmed by the Department Nov. j, 1887. As
sistant Secretary Bussey says: " / have con-
sidered the evidence with view to seeing IL
there is error in law or mistake in fact IN.
DERIVING the decision Of my predecessor which
would justify me IN oTerTuling II. but j can find
none"
The Assistant Secretary has also denied the
motion for reconsideration of a former ad-
verse decision on the claim OF the mother of
John q. Stack. late Of 20. ID, 9th Nd. The
evidence submitted shows, TO the satisfaction
Of the Assistant Secretary, that Stack contract
ed chronic diaTThea while In the service, aud
that IL existed from time to time up 10 the dale
Of his death. which resulted, IL is shown, from
an overdose of laudanum taken 20 relieve him
from bis disease. The Assistant Secretary finds
that at no time had his disease assumed
deathlike severity, or that 1t had imperled his
life; that the taking Of the laudanum was not
under medical direction or treatment, but il
was an instance Of self.treatment, aud there
fore Of seGresponsbiiity for the consequences.
The Government, he says, Is In no sense liable
for the consequences Of the soldiers contribu-
tory negligence. The soldier had not applied
for pension.
Assistant Secretary Bnssey has rendered de-
cision In the case OF Thomas Flood, late Of Co.
A, l04th n. Y, the facts la which, so far as
known, are that the soldier claimed pension
In 1863 for disability which he alleges was
contracted Elm the Summer Of 1904" In Au-
gust OF that year he was taken prisoner. aud
ia the following October was sent 10 Salisbury
sUha hc iafn he bal. T..
1865. be returned 10 the Union lines and de-
ciared that be had just escaped from the enemy,
and that lac had been nearly four weeks on the
way. The claim Is made that the real aud only
motive OF the soldier ia entering the rebel arm
was TO further his chances of escaping 10 the
Union army. Ia the course Of his decision
Assistant Secretary Bussey says that the ques-
ton which the Department must ask itself in
q pension claim is whether IL is lawful. That
the general law fails TO do justice in some
cases, he says, is seen by the many special acts
passed by Congress, but IL It were undeniabiy
proved that this soldiers motive was TO return
10 his Union service. aud If the Department held
him morally blamelcss and regarded him as a
hero, yet IL could not allow him pension.
The statute f0Tbids il. Section 47I6 declares
that no person shall be pensioDed who in any
manner" voluntarily engaged in the rebellion.
This plain mandate, the Assistant Secretary
says, cannot be reasoned away by those charged
with its execution. The degree Of suffering
which would constitute the difference between
voluntary and an involuntary escape could
never be defined, and those cases In which a
good motive can be made clear. he says, may
we'll be left for special action in Congress on
their apparent merits. The motion to recon-
slider the former adverse decision is denied.
The Assistant Secretary also decided adversely
the somewhat similar case of the widow OF
John Herbst Tor Habel), late of Go. @, 147th
NY.