MARCH 4, 1834.] Revolutionary Claims. [H. OF R. by the people, as from their patriotic solicitude for the resolve of March, 1783. When I say this, sir, I speak, success of that great and momentous cause in which they sir, from book, and according to the law and the testihad so gallantly enlisted, solicited some other mode of mony." compensation that should better accord with popular feeling; and accordingly memorialized Congress to commute their half pay for life for full pay for a number of years. The following extract from their memorial indicates the convictions and the spirit that dictated it: In 1826, the attention of Congress was called to this subject, when some testimony was elicited from two of the Departments of the Executive branch of the Government, to which we should, at least at this late day, pay some respect. A resolution was then passed by this House, call"We regard the act of Congress, respecting half pay, ing upon the President of the United States to communias an honorable and just recompense for several years cate to this House all the information that might be in poshard service, in which the health and fortunes of the offi- session of the Government, relating to the resolves of the eers have been worn down and exhausted. We see, with revolutionary Congress of the 21st of October, 1780, allowchagrin, the odious point of view in which the citizens of ing to the officers of the revolutionary army, who should too many of the States endeavor to place the men entitled remain in service to the end of the war, half pay for life, to it. We hope, for the honor of human nature, that and the resolve of the 21st of March, 1783, offering to the there are none so hardened in the sin of ingratitude as to said officers five years' full pay, in lieu of such half pay deny the justice of the reward. We have reason to be- for life, should they accept the same; and also the manner lieve that the objection generally is against the mode in which said resolves were carried into effect. The Presonly. To prevent, therefore, any altercations and disident called upon the Secretary of State and the Secretinctions, which may tend to insure that harmony which tary of the Treasury for such information or evidence in we ardently desire may reign throughout the community, relation to the subject of this resolution as were within we are willing to commute the half pay pledged for full their respective departments. The Register of the Treaspay for a certain number of years, or for a sum, in gross, ury, whose attention was called to this resolution by the as shall be agreed to by the committee sent with this Secretary of the Treasury, then reported, "that, from address." an examination of the records containing the names of the officers who accepted commutation certificates, as evidence of five years' full pay, embraced in the resolves of Congress above mentioned, it appears that, with few exceptions, the whole of the retiring officers under the resolve of 1780, and those who served to the end of the war, under the resolve of 1783, did receive their commutation certificates. Mr. Hagner, the auditor, in whose department most of the records and evidences upon this subject that are left seem to be deposited, also reported on that occasion that there were no records in his office, by which It is for cases coming within these resolves, and more it can be ascertained that any of the officers of the revoparticularly the two last, that the bill upon your table is lutionary war, who, by the resolve of the 21st of October, designed to provide. The obligation created by the 1780, were entitled to half pay for life, and subsequently resolution of the 22d of March, 1783, commonly distin- by the resolve of the 21st of March, 1783, did not accept guished as the "commutation resolves," is certainly im- the commutation offered. "Indeed," said he, "it is beperative, one which no faithful guardian of the national lieved, that there were no instances of this kind, but that faith and honor would be unwilling to fulfil; but if the all the officers of that army, who served to the end of the national faith which was pledged by it has been re- war, and who were settled with, received the five years' deemed; if, from the best lights and evidences before full pay, instead of the half pay granted by the resolve of we are justified in the conclusion that all the ob- the 21st October, 1780. The Register of the Treasury jects of this resolve must have obtained the provision further tells us, in the same report, that agents were apsecured to them by it, it would not only be inexpedient, pointed for the several lines, who were charged with the but rash and extravagant in the extreme, to pass a bill responsibility of delivering certificates of commutation to founded on the assumption, that vast numbers did not the several officers. receive their commutation certificates, and upon this concession providing not only for surviving officers, but also for the numerous heirs and representatives of the dead. I shall now undertake to show: 66 It is then, sir, impossible to misunderstand the purport of this memorial, or the motives and causes that dictated it. In accordance with its prayers, Congress on the 22d of March, 1783, passed another resolve, providing That all officers who were entitled to half pay by the resolution of the 21st October, 1780, should be entitled, in lieu thereof, to five years' full pay; leaving it, however, to the option of the lines of the respective States, and not to the officers individually of those lines, to accept or refuse this commutation." Ist. That all the officers of the continental line, with very few exceptions, accepted of the commutation proposed by the resolution of March, 1783. 2d. That as to those who did not receive their commutation, the acts of Congress of 1828 and 1832 have already made ample provision for them. 3d. That, if the bill upon your table should become a law, some officers, and particularly a portion belonging to the Virginia line, will be twice, nay, thrice, paid for their revolutionary services. These official reports, sir, emanating as they do from sources which we cannot but respect-yes, sir, issuing from the very depositaries of the records of the revolution-speak a different language from that which is contained in the report of the committee that has reported the bill upon your table. The committee, in support of the idea that it is necessary to legislate upon the assumption that many officers did not accept of their commutation, tell us that the officers were dispersed at the end of the war; that many of them were at a great distance from the accounting offices, and many of them were ignorant of the commutation accepted by their brother officers." The best evidence which the nature of the case is susceptible of, (that which proceeds from the keepers of the public It will therefore be perceived, sir, that I differ toto records,) tells us that agents were appointed for the seveclo from the very intelligent committee that reported the ral lines, who were charged with the duty and responsibill under consideration. It is my purpose, sir, to express bility of delivering these certificates to the officers, and that dissent in that spirit of deference which is due to the that it is believed there are no instances where the very able and intelligent gentlemen who compose that officers did not accept of the commutation offered. I committee, and of respect for their labors, which we are fancy, sir, that the committee must have overlooked the now called upon to review. evidence contained in the response to the resolution of Congress of 1826, or they would not have hazarded the assertion that there are many instances in which the officers did not accept their commutation, and that, there 1st. I contend that it is very improbable that, at this late day, there remain any instances of officers who neglected or refused to accept of the commutation provided by the H. OF R.] Revolutionary Claims. [MARCH 4, 1834. fore, it is just and expedient to pass the general bill upon army of the revolution," and the act of Congress suppleyour table, which transfers from Congress to the Treasury mental thereto, passed in 1832, have, considering the Department the power of adjudicating upon these cases; great lapse of time, the uncertainty in which these claims and, in order to facilitate the operations of applicants there, are involved, and the various acts of limitation that have embodies a set of rules and presumptions that shall dis-been passed to bar them, made ample provision for them. pense with any thing like strict and reasonable testimony. The first section of that act provides that "each of the I certainly, sir, mean no disrespect to the committee, surviving officers of the army of the revolution in the conin questioning the soundness of their assertion or conjec-tinental line, who was entitled to half pay by the resolve ture, when they tell us that many of the officers were igno- of October 21, 1780, be authorized to receive the amount rant of the commutation which their brother officers had of his full pay in said line, according to his rank in the accepted for them. But it strikes me, sir, that this is in-line, to begin on the 3d day of March, 1826, and to condeed taxing those good and gallant men with more igno- tinue during his natural life." The very first section of rance than I had considered them justly chargeable with. this act shows, that it was for claims accruing under this They, at all events, knew that they were entitled to half. very resolve of October, 1780, that the act of 1828 was pay for life, under the resolve of the 21st October, 1780. designed to provide. The history of the act is still too The war had ended, and all would naturally be on the in- fresh in the recollection of gentlemen to justify any proquiry for the source whence they were to derive the pro-lixity of detail as to the causes that spoke it into being. mised remuneration for their long and faithful services. Suffice it to say, sir, that those venerable and gallant men, They would not-no, sir, it was not in the nature of things, who then petitioned you for justice, did not, to use the that they could remain inert or indifferent as to their pay, strong and dignified language of their memorial, "apafter the liberal promises contained in the resolve of 1780; proach the legislators of the nation as supplicants for a and while inquiring how, when, and where, they could favor, or for an unmerited gratuity. They did not ask re. obtain the half pay, which all knew had been promised to lief merely because they were poor and destitute; they them, the conclusion is irresistible, that they must at least preferred, what they sincerely believed to be a substanthen have been informed of the new pension substituted tial claim upon the justice rather than the gratitude of the for them by the commutation resolve of March, 1783. To nation. They applied for the compensation formerly believe otherwise, would be forgetting some of the most promised. They asked for the fulfilment of an express obvious principles of human nature, and motives of human engagement of the Government, made in a time of immiconduct; it would be forgetting that the ill-fated subjects nent danger, the conditions of which, as they alleged, had of want and necessity are ever on the alert for the means never yet been performed on its part, although the serof alleviating their distressing influences. They had, sir,vices for which the promise was made had been rendered the spur of necessity to stimulate them to all reasonable nearly half a century ago." inquiry into their rights and interests. Yes, the hard hand Now, sir, it was to such an appeal that the act of 1828 of poverty pressed heavily upon them. They were called was a response. It was not intended, sir, as a gratuity. upon to enter upon some new and civil pursuits in life, No, sir. The proud and high-spirited veterans whose pethat could secure bread to their families, and comfort to tition induced the passage of that act would not stoop to themselves in their old age. The incipient steps of the accept charity even from that nation which owed its exnew career upon which they were about to enter, called istence to their youthful valor and patriotism. No, sir. loudly for all their very scanty resources, whether in pos- They asked mere compensation for services, which were session or in expectancy; most of them had no resource or as beneficial and glorious in their results, as they were means for this second beginning of life, to which they faithful and arduous in the performance. The debt whose were now all doomed, but the remuneration which their payment they then solicited in terms so irresistibly touchcountry had promised them; and to suppose them, under ing, was founded upon the very resolves which form the circumstances so necessitous, ignorant of all the provisions basis of the bill upon your table. Should not, then, sir, which their country had made for them, would be a libel that act be regarded as a satisfaction of all claims founded upon that intelligence which was as much their boast as upon those resolutions, especially since the good and great their distinguished patriotism. Can we, sir, in view of all men who procured the passage of that act must remain these considerations, imagine that there are any instances content with its provisions, and will not, and cannot rewhere the officers neglected or omitted to receive their ceive the princely fortunes intended to be secured to the commutation certificates under the resolution of 1783, or objects of the bill upon your table? The discrimination that, at all events, there are so many instances of omission in favor of the intended beneficiaries of this bill is odious as to justify us in manufacturing this general mould in and unjust in the extreme to those to whom you dispensed which all these claims can now be run? If there are, as the comparatively trifling pittance extended by the act of the Register of the Treasury tells us, but very few, if any, 1828. exceptions, is it not much better and safer to apply the [Here Mr. VANDERPOEL gave way to a motion to ad strict and searching scrutiny of the committees of Con-journ; and, on motion of Mr. Clay, of Alabama, the House gress, and of the two Houses of Congress, to these "very adjourned; and, in consequence of the intervention of prifew" cases, than to pass the general bill upon your table, vate business, the bill was not again taken up till the 5th which, in its dispensation with reasonable testimony, and March, inst., when Mr. V. continued as follows:] in the indulgence of presumptions favorable to applicants, When I last week, sir, had the honor of addressing this is (with all possible deference to the committee do I say House, I had attempted to show, from the best lights and it,) liberal over-much? Is it not much wiser, sir, to re-testimony extant, that all those officers, who came within tain to ourselves the trouble and inconvenience of cutting the congressional resolves of the 21st of October, 1780, each garment according to the figure and dimensions of and the 22d of March, 1783, with very few exceptions, the particular individuals that may present themselves, had received their commutation certificates, before the than to adopt this general pattern, which contains such wonderful qualities of contraction and expansion as to be capable of fitting rather too many customers to consist with the safety of your treasury? Again, sir: If there be any instances in which the officers of the revolution did not accept their commutation certificates, then, sir, I contend that the act of 1828, for the relief of certain surviving officers and soldiers "of the funding act of 1790, or before the various acts of limitation which I shall hereafter mention, had expired; and that, as to those exceptions, the acts of Congress of 1828 and of 1832, have already made ample provision for them; and if, sir, it be true, as will be contended, that those acts do not embrace all those provided for by this bill, and there shall continue a disposition here to favor these claims, enshrouded as they are in the mists and uncertainties of more MARCH 4, 1834.] Revolutionary Claims. [H. OF R. was "a host of living witnesses" to detect them, if they were impostors-but princely fortunes, sir. than half a century, it is then safer, far safer, sir, to legislate in particular cases than to hold out to imposters the conspicuous and tempting lure which the passage of the bill upon In answer to the position I have urged, that the act of your table would occasion. Yes, sir, if, as has been alleged, 1828 ought to be regarded as a satisfaction of the claims these individual applications are becoming burdensome, intended to be covered by the bill under discussion, it if they are engrossing too much of the precious time of will doubtless be said that this act proposes only to inthis House, and of the committees of this House, even clude those men who did not receive their commutation then, sir, we had "better bear the ills we have, than fly certificates; and that the act of 1828 was designed to proto others" that we know too much of; for we have too vide for the very men who received their commutation much sad experience of the frauds and peculations that certificates, and that those who may receive the benefits seem to be inseparable from every general pension, or, if of this act will also be entitled to participate in the beneyou please, compensation system, not to feel an almost fits of the act of 1828. Yes, sir, that they will be entitled invincible repugnance to the extension of them. Under to receive from five to forty thousand dollars under this every such system, there must be fixed rules of evidence, bill, and also the benefits of the act of 1828! I grant, which, and which only, the applicant is required to com- sir, that the Secretary of the Treasury has decided that ply with, in order to secure success to his application. The the evidence of having received a commutation certificate, department which is called upon to adjudicate upon claims under the resolve of 1783, at once entitles the applicant of the character contemplated by this bill, must necessa- to the benefits of the act of 1828, because that fact proves rily issue a code of general rules and requirements; it that he comes within the resolves of October, 1780, spemust nessarily say to the world, "prove this or that, and cified in the first section of the act of 1828; but this by you shall be one of the beneficiaries of this statute;" and no means proves that Congress did not design this act of all experience teaches us, sir, that no matter how rigid 1828 as a full satisfaction of all claims founded on these and exorbitant may be these exactions of testimony, there resolves, whether the claimants had received their comare few applicants, indeed, who have not the ability to mutation certificates or not. The first section of the bring their cases within the scope of these general rules. act provides "that each surviving officer who was entiThey apply to some scribe or agent who professes to be tled to half pay under the resolve of October, 1780," an adept at making out papers of this description. He shall be entitled to full pay for life, to commence in March, knows the quantum of proof that is necessary to insure 1826. It does not provide "that each surviving officer success; to procure it is his vocation, sir." In many who has received his commutation certificate, &c. shall cases, the evidence he secures is, to be sure, fair and sub- so receive his half pay for life. This act, be it rememstantial, and answers the spirit of the law; but there are bered, was an answer to a petition, not for bounty, but not wanting instances, sir, in which the applicant or his for payment of a strict debt-a debt, too, as I shall unagent draws up, in the form of an affidavit, the dreams of dertake to show, vastly more clear and indisputable than some good and worthy octogenarian, who is just groping those that are embraced by the bill under consideration. through the dim twilight of second childhood, and across If Congress had intended merely to provide for those who whose broken and clouded memory occasionally flit the had received their certificates of commutation, and who had names of Washington, and Lafayette, and Greene, and sustained a loss from their depreciation, the language of the Burgoyne, and Cornwallis; but whose revolutionary rem- act of 1828 would have been more limited and guarded. iniscences beyond this are but as "the fleeting visions of I am well aware, sir, it will be contended that the mean early dream." The vagaries of the good old man can morialists who procured the passage of the bill of 1828, always find abundant vouchers, in the shape of certificates based their claims for relief upon other grounds; that they and affidavits to his credibility. Yes, sir; the village par- proceeded chiefly on the principle that, though they did son certifies to his perfect integrity; his next door neigh-accept their commutation under the resolves of 1783, t bor seconds it; the neighboring justice follows suit; the that they were paid in certificates that were almost worthCounty court, which is to lend its seal and final certificate, less, and that the act of 1828 was merely passed to inis by this time convinced that all is right, and freely ren- demnify them for such loss by depreciation. ders the necessary authentication; and on comes a most That this, sir, was not the sole end and purpose of the imposing volume of papers, gotten up, secundem artem, act of 1828, is evident from the fact that some officers who and potent enough to satisfy the conscience of the Secre- retained their certificates till they were funded, did not tary here, though he were the veriest sceptic that ever suffer much, if any, depreciation. When the act of 1828 doubted or quibbled! This, sir, is no caricature. No, was passed, it was found impossible to satisfy the just sir, it is cold reality, as too many instances have already claims of all by the adoption of different standards of demonstrated. Why, then, extend these general sys- bounty. Some had suffered, because they had been paid ters, when they serve as the sure incentives to innume-in certificates that were almost as worthless as the rags rable frauds? Do not suppose, from these remarks, that out of which the paper upon which they were written was I am opposed to the various pension laws, in favor of the manufactured; others, who had retained them till they soldiers of the revolution, which now adorn your statute were funded in 1790, did not sustain much loss. This book. No, sir; I regard them as but the just evidences number, to be sure, was very inconsiderable, as the offiof a nation's gratitude to its earliest benefactors; and 1 cers were poor, and were obliged to sell them before that would not, therefore, wage war against those just and time, in order to procure some little means to enable them liberal provisions which a grateful country has made for to enter upon some new pursuits in life that might secure the soldiers of the revolution-provisions which serve to comfort to themselves and to their families. Perhaps a render calm and comfortable the close of a career whose few, (a very few, indeed, as I have urged,) did not reearly effulgence was bright enough to chase away the ceive their commutation certificates; yet no discriminadark clouds of despotism that lowered over that country, tion is made between those who retained and those who whose gratitude and bounty are now the support and so sold their certificates; all, all, are equally entitled to the lace of their old age. It must be borne in mind, sir, that benefits of the act of 1828; and that act should, therefore, the bill under consideration makes no provision for the sir, be regarded as a second compromise or commutation soldier. No, sir, it is partial in its operations, and gives act, whose operations are as just and equal as was practimerely to those officers who neglected to prefer their cable, considering the insuperable difficulty of adopting claims when the evidences for and against them were fresh any uniform rule at this late day for settling the accounts and accessible; and gives to them, sir, not the moderate of the revolution, that will not be somewhat unequal in amounts which those received who applied when there lits operations. H. OF R.] Revolutionary Claims. [MARCH 4, 1834 Let me ask, sir, what did those realize who actually Government is not suable, that individuals cannot enforce received their commutation certificates, and sold them? their claims against it through the medium of the judicial Those, I mean, who applied for them before this eleventh tribunals of the country. The argument, sir, has no force hour, and before the witnesses that could disprove their on this occasion, when we recur to the fact that these reright to them, if impostors, had descended to the tomb? peated acts, by which the limitation statutes were exWhy, sir, so comparatively worthless were they before tended, were so many notices and invitations to these ofthe funding act of 1790, that a captain, who, for his five ficers to come forward and exhibit their claims. It was years' full pay was entitled to $2,400, actually received saying to them, "Now is the accepted time." "Come now, only $480. This vast difference, produced, as it was, not and justice will be done to you." And when we recur to by the fault of the officers, but by the embarrassment of the very important fact that the last act of limitation gave the Government, presents now as fair and imposing a claim them grace till 1795, embracing a period of five years after upon our justice as do the claims for which this bill is de- the funding act was passed, and after the credit of the signed to provide; claims which have slumbered for more country was restored, a period within which every comthan half a century have been barred by repeated acts of mutation certificate was worth the full amount which its limitation; claims which, perhaps, never had any exist- face purported to represent, and within which it is most ence in the performance of the adequate term of service, and which now, when the tongues that could contradict them are palsied in death, and the records that could falsify them are consumed by the flames, are raked from the tomb by the too lavish and liberal spirit which now seems to prevail. natural to suppose that all would have applied who were honestly entitled to them; a determination now, sir, at this late day, to repose ourselves upon these various acts of limitation, would not, in the least degree, savour of hardship or injustice. But, sir, the justice and expedi ency, if not the absolute necessity, of interposing this The claim of those who suffered from the depreciation defence against these stale claims, is indicated by other of their certificates, to an equally favorable consideration cogent considerations. The revolutionary records that with those whom you propose to make rich by the bill would enable us to detect frauds and impositions under upon your table, is much strengthened when we consid- the proposed bill, have been thrice exposed to fire; most, er how totally the Government failed in the performance or at least many of the muster-rolls of the revolution, of its stipulations with them. Those who accepted of have been consumed by these repeated conflagrations. I their commutation under the resolves of 1783, were to be have examined the records in the Treasury Department, paid immediately "in money or securities at six per cent. and have ascertained that these casualties have rendered per annum." They did not even receive their certifi- the proofs of settlement with the officers so imperfect cates till 1784. Requisitions, under the Government of that they do not now furnish sufficient evidence to show the confederation, were made upon the States, but they us satisfactorily who were, or who were not, settled with were too poor to comply, and Congress had no means of as commutation officers, and who did, or did not, receive enforcing a compliance. The certificates were not funded their certificates; and hence, to repel the presumption till 1790, and the pinching wants of a vast majority of the that the applicant did receive his certificate at the time officers would not permit them to retain them for six long when he ought to have applied for it, it is not enough to years. They sold them, therefore, for a mere song. Their say to us now, "Go to the records, sir, and there you will country promised them bread, sir, but they received only not find my name." If those records could, sir, like the Compare, then, sir, their claims upon your jus- Phoenix, be made to rise from their ashes, to which the tice, so clearly and indubitably made out, with the dark, flames have reduced them, the answer to this strong prestale, and dubious claims proposed to be provided for by sumption of settlement, flowing from the lapse of time, the bill now under consideration. The first, sir, most would be more satisfactory. unequivocally and satisfactorily established; the second, resting only for their support upon the fallible recollection of aged and imbecile witnesses, and barred, too, by repeated acts of limitation. a stone. It should be borne in mind, sir, that the bill upon your table proposes to provide, not only for the surviving offi cers who did not receive their commutation certificates, but also for the heirs and representatives of the dead. It may not be amiss here, sir, to inquire what are these This provision in favor of heirs will expose you still more acts of limitation to which I have so frequently alluded. to imposition. Most of the applications under the pre In November, 1785, and in July, 1787, limitation resolves posed act would proceed from the representatives of the were passed, which included all revolutionary claims dead. They, sir, can apply without exposing themselves founded upon the resolves of 1780 and 1783, and required to the imputation of fraudulent motives. They have, that they should be presented within a short period. On perhaps, heard their gallant ancestor tell of his gallant the 27th day of March, 1792, from a laudable spirit of in-services in the revolution; they may have heard him say dulgence and liberality to the claimants, an act was passed that he thought his services ought to have secured him suspending these resolves for two years; on the 12th day his commutation, though he knew that, technically and of February, 1793, was passed the last act of limitation, strictly, he was not entitled to it. He is gathered to his extending the time for presenting these claims for the fathers. Those who come after him hear of your acts of term of two years more. I put it, then, to gentlemen, bounty and liberality. They hear of your giving fifteen should not these various acts of limitation receive respect thousand dollars to one, and twenty thousand to another; at our hands, especially when we consider the antiquity the temptation to apply to you becomes too strong to be of these claims, and their very doubtful character? As resisted. If you pass this bill, they will come in bordes, between individuals, statutes of limitation are no longer sir, to your Treasury Department, with the mere scintilla considered odious; no, sir, the interposition of the statute of evidence which the bill proposes to recognise as suffiis no longer considered the rogue's plea. These acts are cient: success will increase their efforts; opulence is at now regarded as salutary shields to supply that loss of once showered upon them; when their ancestor, had he evidence which time ever works. The wisdom of nod-survived, could not, peradventure, with his own oath, ern courts has rescued them from the cdium with which have brought his case within the resolve of March, 1783, prejudice and misconception had once invested them. Only and would not have jeoparded his fair and hard-earned six years are necessary to raise the presumption of pay- fame by venturing an application. Out of his own mouth ment as between individuals. How much more necessary could we have condemned him. It is well, sir, that we these limitation acts as a shield in favor of Government, should here be reminded that the most eloquent and effi vastly more exposed, as it necessarily must be, to imposi- cient advocates of the bill of 1828, as to those who had tion than are individuals. It will perhaps be said, that been paid in worthless certificates, conceded that although MARCH 4, 1834.] Revolutionary Claims. [H. of R. the losses they sustained by reason of the fault and em- cases within the provisions of the act of 1828. In 1829 I barrassment of the Government were morally and con- find none of these private acts providing for individual scientiously debts against us, yet that it was dangerous, cases. All seemed then to acquiesce in the act of 1828. nay, wholly inadmissible, to recognise this principle of In 1830 we are removed two years from the act of 1828, strict indebtedness after these repeated acts of limitation, and in this year Congress passed several acts, bringing and after this great lapse of time, because it would tend particular individuals within the act of 1828. This was to open the accounts of the revolution in favor of the perhaps well enough; but further than this, Congress heirs of the dead as well as the living. Such a principle ought not to have gone. Towards the close of this seswas, in their estimation, too dangerous to be sanctioned; sion, however, Congress seemed to have become more and though those good and high-minded men, whose me- liberal, and passed three or four bills granting to particumorial induced the passage of the act of 1828, solicited lar individuals the five years' commutation pay, but withnot the bounty, but the mere justice of the Government, out interest. It had not yet nerve enough to go the length yet Congress, from an apprehension of the consequences now proposed; but in 1831 it began to give, with fifty of the very principle which this bill contains, the principle years' interest, making an interest amount compared to of opening the accounts of the revolution in favor of the which the mere five years' pay is but a trifle. The prinbeirs of the dead as well as the living, did not seem dispos- ciple of liberality seems to have acquired strength as it ed to recognise this principle of strict debt. progressed. Yes, sir, like fabled fame, acquirit vires Mr. Webster, who was one of the ablest and most eundo. Yes, Congress, in 1832, it seems, did not hesitate ardent advocates of the bill of 1828, in a speech, inferior to pass a number of private laws, giving to a number of in force and ability to none of the many able efforts of officers and their heirs, who had at best, as I have atthat very distinguished gentleman, used the following tempted to show, but doubtful claims, more than ten Language: times as much as was ever realized by those distinguished "For myself, I am free to say, that if it were a case and gallant men who applied for their due before their between individual and individual, I think the officers claims became stale, and who, in 1828, petitioned you in would be entitled to relief in a court of equity. The strains so touching. conscience of chancery would deal with this case as with It will now be said, sir, that it is too late to object to other cases of hard bargains; of advantages obtained by the principle contained in the private acts to which I have means of inequality of situation, of acknowledged debts alluded; that, inasmuch as we have legislated in favor of compounded from necessity or compounded without sat-individuals, our motto must now be "onward;" and that, isfaction; but, although such would be my view of this to save ourselves the trouble of legislating for individual claim as between man and man, I do not place my vote for cases, we must erect one general manufactory, in which this bill on that ground. I see the consequence of admit-all these claims may be fabricated. ting the claim on the ground of strict right. I see at once, that on that ground the heirs of the dead would claim as well as the living. I know it is altogether impossible to open the accounts of the revolution, and to think of doing justice to every body. Much of suffering there necessarily was, that can never be paid for. The honorable member from New York (Mr. Van Buren) has stated what I think the true ground of the bill. I regard it as an act of discreet and careful bounty, drawn forth by meritorious services and by personal necessities." Now, it would seem that the committee that reported the bill upon your table apprehended no danger from a recognition of the principle of strict debt, payable with half a century's interest; payable, too, not only to survivors, but to the heirs and representatives of the dead; a pnciple which a few years ago was deemed to be so dangerous by the warmest friends and most enlightened and eloquent advocates of the interests of the officers of It is in order here, sir, to remind the House that the the revolution. We should also recollect, sir, that the bounty of Congress, by way of general provision, did not provision-in this bill in favor of the heirs of deceased offi- stop with the act of 1828. In 1832 it passed an act, supeers, is novel as a general principle in our legislation. plemental to the act of 1828, which was literally a species None of your general laws, designed to reward or com- of omnium gatherum, broad and sweeping enough to pick pensate revolutionary services, contain such a provision. up all the gleanings that had been left behind by the They seem to have all proceeded mainly, if not solely, former acts of Congress. By it, provision was made for from a solicitude to strew with comfort and abundance all who had served over six months, either in the contithe last days of those who yet linger among us. The bill mental or State lines. And here we had, then, first, invaupon your table, sir, would seem to be grounded in a lid pension laws; secondly, the act of 1818, by which all ach more enlarged benevolence; for it embodies the indigent officers and soldiers of the revolution were pronovel general principle of dispensing its blessings to the vided for; thirdly, the act of 1828, providing for all those fortunate descendants of those who did not apply for this who were embraced in the resolve of the 21st of October, boon in their lifetime, because they, in all probability, well 1780; and, fourthly, the all-sweeping and liberal act of knew that they were not entitled to it. 1832. In these, it was supposed, were to be found ample But we will doubtless be told, sir, that Congress has, monuments of a nation's gratitude to its veteran benefacin various instances, recognised the principle of this bill; tors. Yes, it was thought that the proverbial ingratitude that within the last two or three years it has passed several of republics was here most triumphantly refuted; that a private bills granting this commutation, with fifty years' pension and revolutionary compensation expenditure of interest, to particular individuals. But, sir, it becomes over three millions per year was an ample redemption of material to inquire when and how this practice originated. the faith of the nation, even to those who had rescued Sir, it originated in the inability of a particular class of offi- it by their arms from impending ruin;" that the doors of cers, for lack of that amount of evidence which was your treasury were so widely thrown open to that little required by the Secretary of the Treasury, to bring their remnant of gallant spirits, as not only to let in all who VOL. X.--181 I deny the soundness of this reasoning. Sir, if a dangerous principle has been recognised in particular cases, such cases cannot operate as binding and authoritative precedents in favor of the proposed extension of this principle. It is much better that we recede than go further. We have not yet "stept in so far," as to be obliged to yield to the desperate sentiment, "that to return is more difficult than to go o'er;" and if, sir, we cannot recede without violating the national faith; if we cannot blot from our statute book the private acts I have referred to, then, sir, we are admonished by every consideration of consistency, of equal justice to all the objects of our justice and bounty, and, above all, of aversion to a system of ruinous prodigality, at least to stand where we are. Your treasury, sir, is not plethoric. It needs not for its health and comfort the merciless and exhausting process of depletion which the bill upon your table proposes. 66 |