The National tribune., 1907-02-14
PENSIONS TO HMExICAN WAR VET
-s ERANs.

| PENSIONS TO OHMExICAy WAR VET
b 3 ERANs.
Upon examination of the act Of Feb.
6, 1907, otherwise ei,e McCumber bill. at
the Pension Butsau. an unexpected snas
was discovered, Section AIS of the
Revised Statutes reads:
'No money on account of pension
shall be paid to any person, or TO the
widow, children Or heirs of any de-
ceased person, who in any manner vol
unfairly engaged IN or aided or abetted
the late rebellion against the authority
Of the United States"
This is still In force. tho its existence
has not been generally understood, as
there have been several apparently re-
pealing acts which, however, did not
affect it in the generality of its applica-
ton. For example, the act Of Jan. 90,
1887, granting pensions to anyone who
had served 60 days in the Mexican War
in the Army or Navy. who had arrived
at.thc age of 81. or who is or might
become subject 10 any disability or de-
pendency equivalent TO some Cause pre-
scribed or recognized by the pension
la'Ys of the United States" expressly
exempted from the benefits of the act
"anyone who had incurred such dis
ahi'ity while in any manner vouo tarily
engaged in or aiding or abetting the
late rebellion against the authority of
the United States'
The joint resolution of July ]. 1902,
constituting the act of June 27, 1890,
exempted from its provisions those who
had served in the 1st. I'd, Sd, 4th. 9TH
and 6th regiments, United States Volun-
Confederate army or navy and who
emil in said regiments while con-
fined as prisoners of war under Il stipu-
lation that they were not TO be PEN
sionable under the laws of the United
States. 1t also excludes those who after
enlisted in the military or naval SER
vice of the United States after the 1st
day of January, 1865"
The act of April IS. 1900 specifically
exempts from the action of Section 471s
the dependent parents of soldiers. sail
or Navy of the United States during the
War with Spain.'' 'f
The act of March II. 1898. prescrib-
ed:
''That Section $3.50 of the Revised
Statutes of the United States be, and
the same is hereby, so far and no fur
ther. modified and repealed as to dis
pense with proof of loyalty during the
late war of the rebellion as a prerequi-
site in any application for bounty land
where the proof otherwise shows that
the applicant is entitled thereto"
1t would seem to. common-sense peo-
pie that the Rynvisions Of the act of
Feb. 6 were SO specific and mandatory
as to repeal Section 4716, since it says
without any qualifications or exceptions
that any person Who served 80 days
or more in thef military or naval SER
vice of the United States during the
late civil war 6t 60 days in the War
with Mexico and who has been honor
ably discharged therefrom and who had
reached the age ofh62 years or over"
shall be entitled to a pension. 1t would
appear that this provision needed mo-
further amplifiGation or Interpretation
to confer the Benefits of the act upon
everybody who fulfilled it's requirements
by service in the Mexican War, no mat
ter what he had done prior or subse-
quent. But, as Horace Greeley used to
say, This being common sense is prob
ably not law" and the courts have held
that no act of Congress can be repealed
by any implication. 1t must be done by
express declaration. Therefore, the only
remedy is to have Congress pass anoth-
er act constituting the act of Feb. s, or
amending it or repeating entirely Sec
ton 4716. 1t is proposed to do this by
rider upon the appropriation bill, so
that the Mexican War beneficiaries un-
der it who served in the Confederate
army will not be long deferred in re-
ceiving the benefits of the law.