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.