107
WRITINGS OF SAM HOUSTON, 1855
question necessarily involved in this bill. The question is, whether Congress will grant to this officer the pay to which he would have been entitled if he had been continued in active serv- ice during the time for which he was suspended by the decision of the court-martial. The President saw proper to restore him to his command after the suspension had operated for some time. The question now is, whether, during that time which elapsed between the sentence of the court and the remission by the Presi- dent of the residue of the punishment, the Congress of the United States think proper to allow him his pay? I believe he is en- titled to it. Sir, I am not afraid of setting a precedent in this case. If a precedent had existed, I suppose the pay would have been granted as a matter of course. I think legislation is independent of all precedents. They are intended to regulate judicial decisions where some great principle is involved. The action of Congress, which is called for in this case, is merely remedial. It is an appeal to Congress to interpose where the present laws are not com- mensurate to the exigency of the case presented to our consid- eration. I grant there is no precedent for this, but I do not need a precedent for doing justice. I do not think that this would form a precedent for any subsequent case, because it is not prob- able that there will ever be a case with precisely the same facts and circumstances. This is an appeal to the judgment of the Congress of the United States, whether this should be done upon principle. I think it is but an act of justice that this pay should be accorded to the officer-not because he was peculiarly merito- rious, though I grant that he was, and performed faithful service. I have known him personally for more than thirty years, as an active, efficient, and gallant gentleman in the service. But, in- dependent of that, if I had never known the individual, and this case were presented to me for my action, as it stands, discon- nected from all other considerations, I should vote to allow him his pay and emoluments from the date of the suspension up to the time of his pardon. I think he is entitled to this amount. He was prejudiced to that extent by the action of the court- martial. We have not heard a solitary word to show that he was charged with any misconduct or impropriety, or anything, more than slight omissions; and, perhaps, without a full hearing upon them the sentence of the court-martial was predicated. The Executive, in his consideration of the case, and with a full view of the circumstances, rendered reparation so far as it was
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