The bill was passed by a bare quorum, 28 affirmatives out of 52. The negatives were 16: so that 18 senators—being a greater number than voted against the bill—were either absent, or avoided the vote. The absentees were considered mostly of that class who were willing to see the bill pass, but not able to vote for it themselves. The yeas and nays were:
Yeas—Messrs. Barrow, Bates, Bayard, Berrien, Buchanan, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Huntington, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Rives, Simmons, Smith of Indiana, Southard, Tallmadge, Walker, White, Woodbridge.
Nays—Messrs. Allen, Benton, Calhoun, Clay of Alabama, Fulton, King, Linn, McRoberts, Nicholson, Sevier, Smith of Connecticut, Surgeon, Tappan, Williams, Woodbury, Wright, Young.
It was strenuously opposed by the stanch members of the democratic party, and elaborately resisted in a speech from the writer of this View—of which an extract is given in the next chapter.
[CHAPTER LXXI.]
MRS. HARRISON'S BILL: SPEECH OF MR. BENTON EXTRACTS.
Mr. Benton said he was opposed to this bill—opposed to it on high constitutional grounds, and upon grounds of high national policy—and could not suffer it to be carried through the Senate without making the resistance to it which ought to be made against a new, dangerous, and unconstitutional measure.
It was a bill to make a grant of money—twenty-five thousand dollars—out of the common Treasury to the widow of a gentleman who had died in a civil office, that of President of the United States; and was the commencement of that system of civil pensions, and support for families, which, in the language of Mr. Jefferson, has divided England, and other European countries into two classes—the tax payers and the tax consumers—and which sends the laboring man supperless to bed.
It is a new case—the first of the kind upon our statute book—and should have been accompanied by a report from a committee, or preceded by a preamble to the bill, or interjected with a declaration, showing the reason for which this grant is made. It is a new case, and should have carried its justification along with it. But nothing of this is done. There is no report from a committee—from the two committees in fact—which sat upon the case. There is no preamble to it, setting forth the reason for the grant. There is no declaration in the body of the bill, showing the reason why this money is voted to this lady. It is simply a bill granting to Mrs. Harrison, widow of William H. Harrison, late President of the United States, the sum of $25,000. Now, all this is wrong, and contrary to parliamentary practice. Reason tells us there should be a report from a committee in such a case. In fact, we have reports every day in every case, no matter how inconsiderable, which even pays a small sum of money to an individual. It is our daily practice, and yet two committees have shrunk from that practice in this new and important case. They would not make a report, though urged to do it. I speak advisedly, for I was of the committee, and know what was done. No report could be obtained; and why? because it was difficult, if not impossible, for any committee to agree upon a reason which would satisfy the constitution, and satisfy public policy, for making this grant. Gentlemen could agree to give the money—they could agree to vote—but they could not agree upon the reason which was to be left upon the record as a justification for the gift and the vote. Being no report, the necessity became apparent for a preamble; but we have none of that. And, worse than all, in the absence of report and preamble, the bill itself is silent on the motive of the grant. It does not contain the usual clause in money bills to individuals, stating, in a few words, for what reason the grant or payment is made. All this is wrong; and I point it out now, both as an argument against the bill, and as a reason for having it recommitted, and returned with a report, or a preamble, or a declaratory clause.
We were told at the last session that a new set of books were to be opened—that the new administration would close up the old books, and open new ones; and truly we find it to be the case. New books of all kinds are opened, as foreign to the constitution and policy of the country, as they are to the former practice of the government, and to the late professions of these new patriots. Many new books are opened, some by executive and some by legislative authority; and among them is this portentous volume of civil pensions, and national recompenses, for the support of families. Military pensions we have always had, and they are founded upon a principle which the mind can understand, the tongue can tell, the constitution can recognize, and public policy can approve. They are founded upon the principle of personal danger and suffering in the cause of the country—upon the loss of life or limb in war. This is reasonable. The man who goes forth, in his country's cause, to be shot at for seven dollars a month, or for forty dollars a month, or even for one or two hundred, and gets his head or his limbs knocked off, is in a very different case from him who serves the same country at a desk or a table, with a quill or a book in his hand, who may quit his place when he sees the enemy coming; and has no occasion to die except in his tranquil and peaceful bed. The case of the two classes is wholly different, and thus far the laws of our country have recognized and maintained the difference. Military pensions have been granted from the foundation of the government—civil pensions, never; and now, for the first time, the attempt is to be made to grant them. A grant of money is to be made to the widow of a gentleman who has not been in the army for near thirty years—who has since that time, been much employed in civil service, and has lately died in a civil office. A pension, or a grant of a gross sum of money, under such circumstances, is a new proceeding under our government, and which finds no warrant in the constitution, and is utterly condemned by high considerations of public policy.