WRITINGS OF SAM HOUSTON, 185~
158
not to follow precedent particularly. If there is anything that I have eve1: heard of in my life, for which I have always entertained a more ineffable contempt, it is precedent. If a man has done wrong, or the Government has established any wrong principle, that is to be a precedent-an excuse for following it afterwards. The very last thing that a sensible man would think of is prece- dent. It will do for judges to give unjust decisions upon, because a precedent can be found for anything in the world in the law books. But I am not very thoroughly read in the law. I once read la,v and practised, and I found that you could find a precedent for any absurdity; and I will not rely upon precedent now. But, sir, I can refer to a precedent. I refer to it from its respectability and the reason of it, but not because it is a precedent. It occurred as long as eight or nine years ago. I will remark that it was the case of the widow of Major Waddy Cobb. He had contracted a disease whilst an officer in station on the northern lakes. His health became very much impaired; he con- tinued to linger, under the influence of the disease, for a number of years, unfit for service. The original cause of the disease was traced to exposure, and his wife was pensioned. She received a half-pay pension. There is a precedent for this case-a very sensible one. I advocated it very humbly and feebly, I acknowl- edge, but it passed by an almost unanimous vote of this body. I recollect there was one negative vote. I am very sorry to say it is a matter of just complaint that these cases are not promptly considered here, and -I cannot permit this occasion to pass by without saying a single word with regard to one particular case. A petition was presented by me at the early part of the session, or rather by the Senator from New York, and I was privy to it, from the window of Colonel Larnard, of the Army, who was drowned at Puget Sound. He had passed over the sound with a command of men in a boat. On returning, a squall struck the boat and all were drowned. His widow peti- tioned for a pension. He was as much in discharge of official and public duty, and in obedience to the commands of the Gov- ernment, as if he had been shot down in the van of battle, and his widow is as well entitled to a pension, and yet no report has been made upon it, or if there has been a report it has been ad- verse to the claim. It is the equity and justice of it that we should look to. If a man yields to the slow advancement of disease, and falls a victim in the service of his country, his country is under
Powered by FlippingBook