VIEWS OF MR. SUMNER AND MR. SEWARD.

The undersigned, a minority of the Committee on Pensions, cannot concur

with the majority of the Committee in reporting a bill for the relief

of the widow of the late James Batchelder. They also dissent from the

report accompanying the bill, which, however, is understood not to

proceed from a majority of the Committee.

In granting pensions, or bounties of a kindred nature, it has been the

habit of the Committee to require evidence of all essential facts and

circumstances,--not, indeed, according to the rigorous forms of a court

of law, but with substantial fulness and authenticity. Applications for

pensions are constantly rejected for defect of testimony. But this

reasonable practice, which is a necessary safeguard against abuse, has

been disregarded in the present case. No evidence of any kind--not

a shred or particle--was produced. The majority of the Committee

undertook to act at once, on loose and general report, gathered from

the public press at a moment of excitement. In this report they have

obviously proceeded with more haste than discretion. Such a course

cannot be in conformity with approved precedents. In itself it will be

a bad precedent for the future.

But this proceeding seems more obnoxious to comment, when it is known

that it appears, from the very sources on which the Committee relied,

that the facts in question are all at this moment the subject of

judicial inquiry, _still pending_, in the courts at Boston. Several

citizens have been indicted for participation in the transaction to

which reference is made, and in which Batchelder is said to have

been killed. Their trials have not yet taken place, but are near at

hand. Under these peculiar circumstances, the indiscreet haste of the

Committee, thus acting in advance of authentic evidence, and _lite

pendente_, is enhanced by possible detriment to the grave interests

of justice, which all will admit should not be exposed to partisan

influence from abroad. The report accompanying the bill, without any

aid from human testimony, undertakes to pronounce dogmatically on facts

which will be in issue on these trials. Anticipating the court, and

literally without a hearing, it gives judgment on absent persons, as

well as on distant events.

On grounds irrespective of the merits of the case, the undersigned

object to any action upon it on the present evidence, and in the

existing state of things. They object for two reasons: _first_,

that such action would become a bad precedent, opening the way to a

disregard of evidence in the distribution of pensions and bounties;

and, _secondly_, that it would be an interference--offensive, though

indirect--with the administration of justice, in matters _still

pending_, and involving the fortunes of several citizens. These reasons

are ample.

But on other grounds, of a different character, and vital to the merits

of the case, the undersigned must dissent from the majority of the

Committee.

Regarding the Act of Congress usually known as the Fugitive Slave Act

as unconstitutional, while it is justly condemned by the moral sense

of the communities where it is sought to be enforced, the undersigned

are not disposed to recognize any services rendered in its enforcement

as meritorious in character. Especially are they unwilling to depart

beyond the clear line of precedent, in voting bounties on account of

such services. This of itself is sufficient reason for opposition to

the proposed bill.

But admitting for the moment the asserted constitutionality of the

Fugitive Slave Act, and its conformity with just principles of duty,

and admitting further, that efforts for its enforcement are to be

placed in the same scale with efforts to enforce other Acts of

Congress, of acknowledged constitutionality, and clear conformity with

just principles of duty, then the undersigned beg leave to submit,

that, according to the practice of our country, such efforts have not

been considered as entitled to the ordinary reward of pensions or

kindred bounties.

The pensions and kindred bounties of our country have been founded

exclusively on _military_ and _naval_ services. In England, _civil_

services, whether on the bench, in diplomacy, or in the departments

of State, are subjects of pension; but it is otherwise here. With us

there are no general laws to this end; nor are there special laws of

such clear meaning and character as to become precedents, sanctioning

pensions or bounties for civil service. A report of this Committee,

made by its Chairman at this very session of Congress, states the rule

and practice of Congress. Here is the whole report.

"IN THE SENATE OF THE UNITED STATES.

"APRIL 11, 1854.--Ordered to be printed.

"Mr. JONES, of Iowa, made the following report.

"_The Committee on Pensions, to whom was referred the petition of

Rebecca Bright, beg leave to report_:--

"That the petitioner is the widow of Jacob Bright, an armorer,

who was killed at the navy-yard in this city by the bursting of a

shell. _He being an employee of the Government, and in no sense to

be regarded as in its 'military or naval service,' the Committee

can find no reason, founded in law or justice, for pensioning

his widow._ Her case is precisely that of the widow of a laborer

or mechanic employed by the day or month upon any public work.

They therefore recommend that the prayer of the petitioner be

rejected."[131]

[131] Reports of the Committees of the Senate, 33d Cong. 1st Sess.,

No. 199.

And yet, in the very teeth of this recommendation, made by themselves

at this very session, the Committee now propose to bestow a bounty upon

such services. If the Committee were right in their former report, they

cannot be right now.

The report accompanying the bill shows that three of the Committee have

felt that their recommendation needed the support of precedents, and

they have ransacked the records for them. Two only are produced.

The first is an Act of Congress, bearing date June 7, 1794, which

provides "that the sum of two thousand dollars be allowed to the widow

of Robert Forsyth, late marshal of the district of Georgia, for the use

of herself and the children of the said Robert Forsyth." On search in

the office of the Secretary of the Senate, where this bill originated,

and also at the Treasury, where the money was paid, no papers have been

found showing the occasion of this grant; nor has anybody undertaken to

state any. This precedent, then, can be of little value in establishing

an important rule in the dispensation of national bounties.

The only other precedent adduced by the Committee is an Act bearing

date May 8, 1820, providing "that the Postmaster-General be, and he

hereby is, authorized and directed to pay to the widow of John Heaps,

late of the city of Baltimore,--who, while employed as a carrier of the

mail of the United States, and having the said mail in his custody,

was beset by ruffians and murdered,--out of the money belonging to the

United States, arising from the postage of letters and packets, five

hundred dollars in ten equal semiannual payments." On this precedent

Congress will surely hesitate to establish a rule which will open a new

drain upon the country.

The general laws do not award pensions or bounties for services in

enforcing the revenue laws of the country; and it is not known that any

special acts have ever been passed rewarding such services, though

they have often been rendered at imminent danger to life, as well from

shipwreck as from the violence of smugglers. The proposed bill will

be an apt precedent for bounty in this large class of cases; and it

may properly be opposed by all who are not ready for a new batch of

claimants.

The undersigned venture to make a single comment further on the

report accompanying the bill. This report, not content with assigning

reasons for its proposed bounty, proceeds to take cognizance of the

conduct of the people of Massachusetts, the citizens, the soldiers,

the marshal and his deputies, the mayor and police of Boston, in the

recent transaction, and assumes to hold the scales of judgment. In

this respect it evinces an indiscreet haste, similar to that already

displayed in acting on the present proposition, without authentic

evidence, and during the pendency of judicial investigations. It

appears from the public journals, out of which all our information

on this matter is derived, that the conduct of several public

functionaries, on this occasion, in Massachusetts, has been seriously

drawn in question. The marshal of the district is openly charged with

making the arrest of the alleged fugitive under the fraudulent pretence

that he was a criminal,--a scandalous device, which no honest man can

regard without reprobation. The mayor of Boston is also openly charged

with violation of the primal principles of free institutions and of

the law of the land, in surrendering the city for the time being into

the possession of a military force, and thus establishing there that

supremacy of arms under which all law is silent. But on these things

the undersigned express no opinion. They desire only to withhold all

assent from the blindfold ratification which the report accompanying

the bill volunteers, without reason or occasion, to the conduct of

public functionaries, as well as of others, who, according to some

evidence, may have acted very badly.

CHARLES SUMNER.

WILLIAM H. SEWARD.

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