The National tribune. [volume] (Washington, D.C.) 1877-1917, 1894-03-15
TALKING OF PENSIONS.
Consideration and Passage of the Pen
sion Appropriation Bill in the
HOuSe-The Bland Bill in the
Senate.
TUESDAY, MARCH 6.

TUESDAY. MARCH 6.
The Senate debated the Bland seigniorage
bill. and disposed of routine business, and con-
cluded with an Executive session.
The House went into Committee of the
Whole for the further consideration of the
pension appropriation bill, an agreement haV-
ing been reached by unanimous consent to close
general debate at o'clock tomorrow.
Gen. Sickels IN. Y, d. took the floor and
had read an extract from Mr.. Cleveiands letter
of acceptance of the Presidential nomination
saving that the debt due the defenders of the
Union should be ungrudgingly discharged.
Upon that pledge to the soldiers said Gen.
Sickles, the Democratic party stood ana won
political victory. The Secretary OF the Interior
should exercise a watchtul and patient super
vision of that Bureau. and the President OF the
limited States should see to it that there was
a fulfment of the patriotic and wise senti-
ments enuuciated in his letter of acceptance.
To the Commissioner of Pensions, be said,
was committed vast responsibility and
GREAT TRUST.
He must of necessity. confde much of his
duty to subordinate officers They may not
always have the judicial faculty; they may
not always be active and vigilant in the ex-
animation OF claims
Congress has a right TO expect from the Com
missioner and his superior officer. the Secre-
fary of the interior, and especially from the
President wise and liberal administration of
the principles enunciated in the Presidents
letter of acceptance.
But he could not, Gen. Sickles said, agree
with the Commissioner of Pensions in respect
to his Interpretation of the law of 1893 In his
letter to Congress, in answer TO the resolution
of inquiry, the Commissioner had said IN sub
stance:
Tie statement in the preamble 20 the resolution
declaring pension to be a vested right is inaecu-
rate inapt, and inappropriate In the use OF those
two words.
That is not a decorons way to treat an act of
Congress. in a communication TO a superior Off
GER and before it was sent to this House in
answer to a resolution of inquiry. The Secre-
tary Of the Interior should have returned it TO
the Pension Bureau with an admOnitiou to treat
this House and its legislation with due respect.
fApplause on the Republican side.
Those two words, vested right, are not in
accurate, inapt, nor inappropriate. The Com
missioner is as unfortunate in his law as he is
in his manners. Applause He bad only to
90 TO a law dictionary to find ont what is right
and what is a vested right; and for his infor-
nation / will read from Bouvier's Law Die
tionary: right is defined to be well founded
claim. And while am in the law line will read
q little more. If man demands his property,
which is withheld from him, the right that sup
ports his demand is perfect one. Now, when
a pensioner demands that his pension be paid
TO him. which the law of the land says he is
entitled to, and which has been withheld from
him without authority of law, that right is
perfect right.
Rights are absolute aud qualified. 4 man
has the absolute right TO recover property which
belongs TO him. Therefore, pensioner
HAS AN ABSOLUTE RIGHT
to demand the payment Of the pension the law
of the land has given to him.
Now, what is a vested right2 That is de-
fined with equal clearness. To vest is to give to
you fixed right; an estate is vested in posses
sion when there exists right of present enjoy
nent.
The pensioner has a right to the present
enjoyment of his pension vested in him by the
law of the land. Therefore, it is a vested right;
and the use of those words was apt appropriate,
and correct [applausel. the law of the Pension
Office to the contrary notwithstanding.
Laughter and applause. Sowe have not only
bad manners, but bad law from that Bureau.
Renewed laughter and applause
The Chairman of the Committee on Invalid
Pensions of this House, with the sanction of
his committee, brought in the amendment to
the urgent deficiency bill passed Dec. 81, 1893.
There was occasion for it, sir. An army of12,000
men had been denied their pensions, without
authority of Law, by a subordinate official; and
so far as know, without Interference from his
superior officer.
try against the action of Commissioner LOchren
in
sUsPESDING PENSIONS
were manifestly just, in the judgment of Con-
gress. To stop the pensions Of an army Of men,
without hearing, WAS wrong. twas cruel to
hold q threat of impoverishment over every
soldier and every widow on the pension roll.
Mr.. Chairman, ] can give the committee
abundant reasons drawn from the compilation
e sha larrc v..lI bR,f ha
Bureau, for the act OF December, 1892 They
print them for other people TO read; they ought
&c read them themselves. Laughter and ap-
plause These laws declare that upon certain
state Of facts being shown the applicant "shall
be entitled TO receive so many dollars a
month from the Government.
The whole pension system, as embodied in
this volume, rests upon the solid ground of
the right and title in the pensioner to the
amosnt awarded to him by law. "Shall be
entitled" is the language of the law in more
than dozen statutes. The most precious rights
OF the citizen are vested in him by statute
The right Of suffrage is enjoyed by statute. The
right Of inheritance is enjoyed by statute.
These are vested rights. The civil rights of
men, in this country and everywhere, rest
upon statute. You would awaken very seri-
Gus response from the American people if you
told them these were not vested rights. But
there Is more In this compilation. 1t is good
reading for the Pension Bureau, if they would
look through il.
Let me invite attention TO the solemn decla-
ration OF the act Of June q, 1879:
But in no shall pension be withdrawn or
reduced except upon notice to the pensioner and
hearing upon sworn testimony.
Coming to the act Of 1890. under which so
much OF this mischief has been done, read
from section &:
Any person who shall wrongfully withhold from
q pensioBer or a claimant the whole amy part of
any pension claim allowed due such pen
sioneT or claimant under this act shall be deemed
guilty Of msdemeanoT punishable by fine or i'm
prisonmeHt, or both.
The Commissioner Of Pensions has with
held many thousands OF pensions during the past
year; that they were wrongfully withheld is
proved by the fact that most of them have been
restored; most OF them bad been granted under
this act; the act Of withholding these pensions
is declared by law TO be a misdemeanor, no