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Report To The U.S. Sanitary Commission. On A System For The Economical Relief Of Disabled Soldiers, And On Certain Proposed Amendments To Our Present Pension Laws

Creator: John Ordronauz (author)
Date: 1864
Publisher: Sanford, Harroun & Co., New York
Source: Available at selected libraries

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467  

In entering the Sedentary Corps, and while he remains in it, the invalid should relinquish his pension, for there is neither reason nor justice in his drawing support from two government sources simultaneously. The theory of pensions is, that a man, by reason of his services to the State, has lost the ability to support himself, consequently the State, in return for this act of sacrifice, and in a true spirit of equity, grants him a life-annuity. But, so long as he can earn his living just as well after the service rendered as before, it is clear that the State owes him no support. He has, practically, lost nothing, and can not justly ask for a pension. When, therefore, an invalid enters the Sedentary Corps, and draws pay and rations as such, he furnishes thereby the best refutation of his disability to earn his own living. He becomes at once self-supporting by the act of the State itself which gave him this opportunity, and consequently he should have no right to claim a share of its pension fund.

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On leaving the corps, at the expiration of his term of service, or on being discharged from it for disability, he should be allowed to resume his pension, precisely as before. If too old to work, he could then enter an asylum, or receive a place under Government, requiring only light and passive duties, or, if a married man, return to his family. It might be a good plan to use the sedentary corps exclusively in the localities where it was recruited. Thus, the forts about New York might be garrisoned by the sedentary corps recruited in that vicinity; and so with Boston, Philadelphia, etc. In this way, many invalids knowing that they would not be far removed from their families, would be induced to enter the corps, and the Government would thus save a large amount in pensions, while at the same time securing useful soldiers. In other words, instead of paying both pensioners and soldiers, it could maintain both classes under one payment.

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REPORT ON CERTAIN PROPOSED AMENDMENTS TO OUR PRESENT PENSION LAWS

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"And he commanded to give to all that kept the city, pensions and wages." -- 1 Esdras iv. 56.

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PENSIONS.

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The idea symbolized by a pension is that of a reward given to the citizen by the state, in return for valuable services rendered, and serious injuries incurred in her behalf. If we start with the assumption that the state has a right to the services of all her citizens, and that it is, consequently, their duty to answer her calls whenever made (although involving loss of health or life), we shall be easily led to the conclusion that no right to a reward of any kind primarily exists. Whatever is incumbent upon us as a duty, especially to a superior, creates no obligation of reward on his part. We render to him what is justly his due, and in that sense are simply discharging an indebtedness which, created at birth, follows us throughout life. Nemopossit exuere patriam; and in that sense, though chiefly applied to cases of naturalization, by parity of reason it may be construed to mean that no one can cast himself loose from the duties which he owes his country. The duty to sacrifice all in her behalf, whenever the occasion demands it, being an obligation paramount on every citizen, he can claim no relief for the injuries received in her service, on any principle of abstract justice. In this view of the case, which we believe will be conceded to be the true one, the right to a pension is not a natural, but an institutional and positive one.

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Nevertheless, it is found that the interests of the state are best subserved by modifying certain abstract rights, and imparting to them a color of equity suited to the exigencies of actual life. Thus, although the state has an abstract right to the services of the citizen, it is right that she should, in return therefor, reward him for losses sustained, on the principle that it is not her interest to make paupers of her citizens, but, on the contrary, to elevate them to the ability of independence and self-support. This being so recognized the world over, there has grown up an increasing estimate of the value of personal services rendered to the state, particularly in the field, and a corresponding disposition to affix to such services a legal reward, which shall continue not only through life, but even descend to the children of the recipient during their minority.

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The origin of pensions may be considered as coeval with that of civilized society. From the earliest times it was regarded as a sacred duty on the part of the state, towards its defenders, to reward them with gratuities of money or gifts of land, or to support them at public cost in return for the services they had rendered. During even the crepuscular period of Grecian history, and before the time of Theseus, as Thucydides (7) informs us, every city or state of Attica possessed a Prytaneum, where citizens, in return for meritorious personal services to the state, were honored with the privilege of taking their meals at the public cost. And the custom of thus pensioning distinguished citizens was then considered so ancient, as to be referred back to the mythical days of Codrus.


(7) Thucydides, ii. 15.

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