"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]
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.