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H. OF R.]

Bank of the United States.

[MARCH 4, 1834.

has a deep interest that the bank should maintain specie shall be restored or not, as one of very small importance, payments, and the Government an additional interest that comparatively. More important questions and conseit should keep the public funds safely, and transfer them quences are involved in the debate, if not in the decision free of expense wherever they may be wanted. The of the mere naked practical question. It is to be seen Government, therefore, has no power over the bank, but whether the constitution and the law shall be supreme, the salutary power of enforcing a compliance with the or whether we shall be governed by a great moneyed terms of its charter. Every thing is secured by law, and oligarchy; whether we shall have the constitution as our nothing left to arbitrary discretion. It is true that the Secretary of the Treasury, with the sanction of Congress, would have the power to prevent the bank from using its power unjustly and oppressively, and to punish any attempt on the part of the directors to bring the pecuniary influence of the institution to bear upon the politics of the country, by withdrawing the Government deposites from the offending branches. But this would not be lightly exercised by the treasury, as its exercise would necessarily be subject to be reviewed by Congress: it is, in its nature, a salutary corrective, creating no undue dependence on the part of the bank."

This seems to me to lay down as broad doctrine as that which is assumed by the Secretary in his report, in reference to some of his reasons.

fathers gave it to us, or whether it is to be laid prostrate on the "Procrustes bed" of this great corporation, and stretched here, or curtailed there; bent, twisted, and fashioned, as may suit its interests. Whether, in short, the Bank of the United States shall prove itself stronger than the constitution, stronger than the Government, and stronger than the people.

a

On motion, the House then adjourned.

TUESDAY, MArch 4.

BANK OF THE UNITED STATES.

It may be, sir, as it has been alleged, that the State of Virginia will be found sustaining the Legislature in the avowal of principles which I regard as directly in conflict with the constitution, and leading, in their tendencies, to the utter demolition of the only remaining constitutional barriers which defend the rights of the States from the overwhelming tide of federal encroachments. If so, so be it. But, I for one, Mr. Speaker, will oppose my feeThe opinion that the power to remove the deposites ble strength to this fatal and desolating tide to the last, might be employed as a means of checking the excesses, and when I sink under its force, I will continue to press and controlling the misconduct of the bank generally, the constitution of my country to my bosom, and my last seems to have been entertained by the committee of in- shout will be, in the language of the immortal Henry, vestigation raised in 1819, and various members of Con-" Give me liberty, or give me death." gress at that time, and apparently without being question- Mr. GHOLSON next obtained the floor, and signified ed by any one. A very strong opinion to that effect is to wish to speak on the subject, but as the hour was very be found in a speech of Mr. Sergeant, who then repre- late, he would defer his remarks. sented the city of Philadelphia, and was then the great champion of the bank on this floor. And there is a very remarkable thing to be noticed in relation to his argument. Then the proposition was that Congress should take strong measures against the bank, on account of its general mismanagement, and the misconduct, and perhaps fraud, of some of the directors. Mr. Sergeant conMr. POLK, from the Committee of Ways and Means, tended that the only authority that Congress had was to to which had been referred the letter of the Secretary of inquire whether the charter had been violated, and, if so, the Treasury, giving his reasons for withdrawing the pubto order a scire facias. That Congress had nothing to do lic deposites from the Bank of the United States; the with the control of the bank, except to that extent. And memorial of the Bank, and various other papers on the he said, "If we undertake to examine the general ad-same general subject, made a report: he moved that it ministration of the affairs of the bank, or to investigate be printed, and its consideration postponed to to-morthe conduct of particular directors, we are involved at row week. once in the danger of an interference with the Executive." And so Congress passed it by. Now the executive of ficer has undertaken to examine the general administration of the affairs of the bank, and employing the means vested in him by law, for correcting what he thought to be misconduct in the general administration of the affairs of the bank," and justifying himself for so doing, on the ground that the charter being a contract, Congress could not act on the subject until he reported the fact to them that he had removed the deposites, we immediately Mr. HARDIN remonstrated against the unnecessary hear the distinguished gentleman from Philadelphia, who consumption of time in reading a long report, and probis now the great champion of the bank on this floor, com- ably a counter report, both of which would be immediateplaining vehemently that he should make such an extrav-ly printed. agant construction of the law as excludes Congress from all right to act until he acts.

When the Legislature attempts to control the bank, the bank and its friends say it belongs to the Executive to look to this matter. When the Executive acts, then a usurpation of legislative power is charged. So true is it that

"The doctrine to day that is loyalty sound, May bring us a halter to-morrow.'

Mr. CLAY called for the reading of the report.

Mr. McDUFFIE objected.

The CHAIR decided that it was the right of a mem-
ber to have any paper read when first presented to the
House.
Mr. McDUFFIE moved that the reading be dispensed

with.

The CHAIR pronounced that motion out of order, as the reading was of right.

Mr. CLAY said that he wished the reading, because he meant to follow it by a motion for printing an extra number of copies of the report.

Mr. HARDIN said he would vote for the extra number without the reading.

The CHAIR stated the grounds on which he had decided that the reading was of right, when called for by a member of the House. He said that the member from Alabama (Mr. CLAY) had a right to have the report read before he could be required to vote, and that it was not

In conclusion, Mr. Speaker, I have only to say, look-in order to move to dispense with the reading, nor in ing to some of the great principles which have been the power of the majority of the House so to direct, if brought into debate in connexion with this subject, and persisted in by any member of the House. The rule the whole course of opinion now, and argument hereto- which declares that, when the reading of a paper is called fore expressed upon the various questions which have for, and the same is objected to, that the House shall dearisen, that I regard the inquiry, whether the deposites termine by a vote whether it is to be read or not, does

MARCH 4, 1834.]

Bank of the United States.

[H. of R.

not apply to the case of a paper first presented for the used its corporate power or money to control the press consideration and action of the House. That rule was to interfere in politics, or influence elections; and wheadopted, no doubt, in consequence of its having been ther it has had any agency, through its management or supposed that this right of a member to have a paper money, in producing the existing pressure; a select comread for information, extended to all papers which were mittee be appointed to inspect the books and examine on the table, or in the possession of the House, and on into the proceedings of the said Bank, who shall report which the House might have passed. To guard against whether the provisions of the charter have been violated the delay and inconvenience which would have arisen or not; and, also, what abuses, corruptions, or malfrom the exercise of such a right, the forty-second rule practices have existed in the management of said bank; was adopted. jand that the said committee be authorized to send for

Mr. McDUFFFIE asked whether it would be in order at this time to move an amendment to these resolutions. The CHAIR replied in the negative, as the question before the House was on the postponement.

Mr. McDUFFIE then requested Mr. POLK to withdraw his motion; but he declined.

That rule, however, is only applicable, in the opinion persons and papers, and to summon and examine witof the Chair, to papers upon the table, or in possession nesses, on oath, and to examine into the affairs of the of the House, and does not apply to papers first present- said bank and branches; and they are further authorized ed to the House, and on which its action is to be had. to visit the principal bank, or any of its branches, for When any paper is thus presented for the first time, in the purpose of inspecting the books, correspondence, the business and proceedings of the House, any member accounts, and other papers connected with its managehas a right to have it read through once at the table be- ment or business; and that the said committee be refore he can be compelled to give any opinion or vote in quired to report the result of such investigation, together relation to it; but, having been once read, it is, like every with the evidence they may take, at as early a day as other paper that belongs to the House, to be moved to practicable. be read, if again desired; and, if objection be made, the sense of the House is to be taken by the Chair. This is an important right to each individual member, one of the few that can be exercised by him against the opinion of the House, and which no majority can, as the law now is, deprive him of. It has been so regarded, and held sacred, by the individual who fills the Chair, and he has been sustained by the practice and decision of the House. In 1802 the question was first raised, in relation to a communication from the then Secretary of War: a motion having been made to dispense with the reading of it, was decided, by Mr. Speaker Macon, to be out of order, (no The question was put on the postponement and cardoubt for the reasons now stated, though that does not ried; and the report was ordered to be printed. appear,) and approved by a vote of more than four to one. Mr. BINNEY presented to the House a report from the A difference of opinion had probably arisen on the sub-minority of the Committee of Ways and Means on the ject, the Speaker said, in consequence of the rules as laid same subject, and moved that it receive the same destinadown in the Manual. The authority of Hatzel, which [tion with the last paper; which was agreed to. Mr. Jefferson referred to as justifying the rule, had been Mr. CLAY moved that 10,000 extra copies of both reentirely misapprehended. The practice of the House of ports be printed. Commons certainly, since the time of Mr. Onslow, was in accordance with the decision now made, and the right in question he had ever regarded as one highly important to each individual member of this House.

The report must therefore be read, if desired by the member from Alabama.

The House acquiesced in the decision of the Speaker, and the paper was read.

The reading of the report was then commenced, and had proceeded some time, when

Mr. WILDE inquired whether it would be in order to move a reference of the report to a Committee of the Whole on the state of the Union?

The CHAIR replied that the question of postponement had precedence.

Mr. HAWES moved, as an amendment, that there be 50,000; but it was negatived.

Mr. REED then moved 20,000; but this was also negatived.

Mr. HALL, of Maine, moved 15,000.

Mr. EWING, of Indiana, opposed the printing of so great a number of a report calculated, as this is, to extend the existing panic, by tending to create a wrong belief that no adequate substitute for the existing United States Bank can be created. He contended that the people Mr. CLAY, stating it to be his understanding that no would not, as they consulted their own and the general objection would be made to the printing of an extra num-good, place reliance upon a local currency that would ber of the report, withdrew his call for the reading; and eventually operate as a severe tax upon the industry of it was thereupon suspended; but, at the request of a the country. He thought that the committee should member, the resolutions with which the report closed have shown and recommended a suitable and proper subwere read, as follows: stitute for the general good, when it is determined the existing corporation bank shall cease. He would oppose the printing of so many thousands of a report that could not fail to extend the existing want of confidence, and consequently increase the existing embarrassment of the country. He would return it with instructions to the committee, or lay it upon the table.

1. Resolved, That the Bank of the United States ought not to be re-chartered.

2. Resolved, That the public deposites ought not to be restored to the Bank of the United States.

3. Resolved, That the State banks ought to be continued as the places of deposite of the public money, and that it is expedient for Congress to make further provision by law, prescribing the mode of selection, the securities to be taken, and the manner and terms on which they are to be employed.

4. Resolved, That, for the purpose of ascertaining, as far as practicable, the cause of the commercial embarrassment and distress complained of by numerous citizens of the United States, in sundry memorials which have been presented to Congress at the present session, and of inquiring whether the charter of the Bank of the United States has been violated; and, also, what corruptions and abuses have existed in its management; whether it has

[The SPEAKER here informed the member from Indiana that it was not in order to debate the merits of the question.]

The motion for printing 15,000 copies was agreed to. Mr. WILDE wished to move that an amendment be printed, which he desired to offer when the subject came up, (the same in substance as the second resolution of Mr. CLAY's motion in the Senate, viz: that the reasons of the Secretary of the Treasury for the removal of the public deposites are unsatisfactory and insufficient,) but the House, refused to suspend the rule in order to receive Mr. WILDE's motion.

H. OF R.]

Revolutionary Claims.

[MARCH 4, 1834.

tions which it recognises, and which it proposes to dis REVOLUTIONARY CLAIMS. charge. It proceeds upon the principle, that we owe The House then resumed the unfinished business of the officers of the revolution who are embraced in its Friday last, viz: "a bill to provide for the settlement of provisions, a debt which, at this late day, we are under a certain revolutionary claims," when moral obligation to pay, augmented too by the interest of Mr. VANDERPOEL, of New York, resumed his re-half a century. The research and reflection which I have marks in opposition to the bill, as given entire below. bestowed upon the subject have satisfied my mind, sir, Mr. Speaker: I have examined the details, reflected that the debts proposed to be cancelled are of too equivoupon the principle, and have endeavored to ascertain cal a character, at this late day, to justify our exposure to what will be the certain consequences of the passage of the enormous frauds, impositions, and peculations, to the bill upon your table; and after bestowing upon it that which the bill upon your table will most assuredly lead. attention which is alike due to the amount it would draw The foundation of the claims for which the bill profrom your treasury, and to those good and gallant men poses to provide, rests in several resolves of the revolufor whom it purports to provide, I feel it an incumbent tionary Congress, which the committee who reported duty most strenuously to oppose its passage. Let no one this bill tell us have created obligations that have not infer, sir, from the course I am about to take, that I am yet been fully discharged. In order to understand all the insensible to the claims of the gallant and veteran officers points involved in the discussion upon which I propose to of the revolution. No, sir, I would freely award to them enter, it becomes indispensably necessary to recur to the not only the justice, but the bounty of my country: but resolves or promises which are said to have created the in the discharge of the important duties that here devolve indebtedness which the bill proposes to provide for. upon us, we should remember that there is a point On the 15th day of May, 1778, Congress, by a resolve beyond which liberality degenerates into prodigality, and that will be found in the journals of the continental Conceases to be a virtue. In the halls of legislation, sir, the gress, provided that all the officers of the continental general impulses of our nature should always have the line, who should remain in service to the end of the war, checks and balances which sober judgment and reason should receive seven years' half pay, after the conclusion impose. The purse of the nation is confided to our care, of the war. On the 3d day of October, 1780, the army and if, on the one hand, a niggardly and parsimonious was reformed, by which many officers then in active serspirit is unworthy of the generous and high-minded peo-vice were rendered supernumerary, and in order to prople whom we have the honor to represent, so, on the vide for these, another resolve was then passed, that these other, a system of waste and extravagance, resulting from supernumeraries should be entitled to half pay for seven even the kindest feelings of our nature, would indicate a years from the time of such reform. The officers who betrayal of our high trust. Our constituents have given remained in service, it seems, were not yet satisfied with us the power to dispense justice to all who have just the provision that Congress had made for them. They claims upon the country; but I cannot find, sir, in the knew not how long the war would be protracted; they power of attorney under which we act, an authority to had abandoned their civil pursuits already for a long vote away the treasure of the people in indiscriminate period, and entertaining, as they did, the natural sentilargesses and enormous bounties, or by any imprudent ment, that it was a duty which they owed to themselves act of legislation to provoke upon the treasury the vast and to those who depended upon them, either to return frauds and peculations which the passage of the bill to their civil avocations by which they could obtain a upon your table would, in my estimation, most inevitably competency for themselves and their families before the vigor of youth had passed away, or to procure from the Should the bill upon your table become a law, (said National Legislature some promise upon which they could Mr. V.,) a million, or more probably two millions of dol- rely, as an indemnity for the services which they renlars, would be drawn from your treasury under its pro- dered, and the chances of gain which they consented to visions. This, to be sure, (said Mr. V.,) should not pre- forego, they pressed Congress for further promises of vent its passage, provided the subjects of it have a just or remuneration; and, accordingly, Congress, on the 21st of equitable claim upon the nation; but it should, at all October, 1780, passed another resolve, that the officers events, inculcate a spirit of caution, and provoke to it the who should continue in service to the end of the war strictest scrutiny of gentlemen; and, above all, it should should be entitled to half pay for life, and in the same guard against that precipitancy in its passage through the resolve were included officers who were rendered superHouse with which it was here rushed through the Com-numerary by certain reforms and new arrangements of mittee of the Whole. Its total escape of criticism and the army, or rather those who were not in active sercomment in its passage through its first ordeal, is not at vice, but who were in readiness to perform it whenever all surprising, when we consider how totally subordinate their country called upon them. The promise thus has been every other subject, in point of interest, to that made to the officers by the resolve of the 21st October, great question which has so unremittingly engaged the at- 1780, soon became very unpopular and odious. It very tention of the House during this session. The bank, and naturally awakened a fear and jealousy that it contained the matters connected with the bank, have constituted the germe of an aristocracy, of sinecures and placemen, to a mammoth interest, which seems to have swallowed up all be thus early fastened upon the republic for life, and solicitude about other, though important concerns; and it soon proved repugnant to that anti-monarchical spirit would not be wonderful, if, amid all the cries of panic which gave birth to, and which had thus far sustained and and distress which have been so unceasingly rung through prospered the great cause of the revolution. The offiour ears, our accustomed vigilance in relation to other cers themselves very soon became aware that the spirit subjects and other interests, had somewhat relaxed. It of the people did not justify the very liberal provision, is only upon this principle, sir, that I can account for the for life, which Congress had thus, in the plentitude of its passage of a bill through the committee so important in liberality, made for them; that it was calculated not only amount, and, as a general bill, so novel in principle as the to bring down the popular odium of the country upon one upon your table, without at all breaking that silence their heads, but to abate the general enthusiasm for the which seems to be so rare in this Hall. It is not, how-great cause of the revolution, which had hitherto, amid ever, too late to arrest it, if obnoxious to the objections all reverses and difficulties, animated the breasts of the which it shall now be my task to expose.

occasion.

In order to understand the provisions of the bill, it becomes necessary to advert to the origin of the obliga

people. The officers, therefore, who came within the resolve of the 21st October, 1780, as well from a natural regard to the estimation in which they desired to be held

MARCH 4, 1834.]

Revolutionary Claims.

[H. of R.

When I say this, sir, I speak, to the law and the testi

by the people, as from their patriotic solicitude for the resolve of March, 1783.
success of that great and momentous cause in which they sir, from book, and according
had so gallantly enlisted, solicited some other mode of mony."
compensation that should better accord with popular feel-
ing; 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 cers 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, we are willing to commute the half pay pledged for full pay for a certain number of years, or for a sum, in gross, as shall be agreed to by the committee sent with this address."

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."

relation to the subject of this resolution as were within their respective departments. The Register of the Treasury, whose attention was called to this resolution by the Secretary of the Treasury, then reported, "that, from 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 ex ceptions, 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 us, 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:

1st. 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.

It will therefore be perceived, sir, that I differ toto cælo from the very intelligent committee that reported the bill under consideration. It is my purpose, sir, to express that dissent in that spirit of deference which is due to the very able and intelligent gentlemen who compose that committee, and of respect for their labors, which we are now called upon to review.

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

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 records,) tells us that agents were appointed for the several lines, who were charged with the duty and responsibility of delivering these certificates to the officers, and that it is believed there are no instances where the officers did not accept of the commutation offered. I fancy, sir, that the committee must have overlooked the 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

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 reobtain 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 which all these claims can now be run? If there are, as the Register of the Treasury tells us, but very few, if any, exceptions, is it not much better and safer to apply the strict and searching scrutiny of the committees of Congress, and of the two Houses of Congress, to these "very few" cases, than to pass the general bill upon your table, which, in its dispensation with reasonable testimony, and 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 funding act of 1790, or before the various acts of limitawonderful qualities of contraction and expansion as to be tion which I shall hereafter mention, had expired; and capable of fitting rather too many customers to consist that, as to those exceptions, the acts of Congress of 1828 with the safety of your treasury? 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

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

and unjust in the extreme to those to whom you dispensed the comparatively trifling pittance extended by the act of 1828.

[Here Mr. VANDERPOEL gave way to a motion to adjourn; and, on motion of Mr. Clay, of Alabama, the House adjourned; and, in consequence of the intervention of private business, the bill was not again taken up till the 5th March, inst., when Mr. V. continued as follows:]

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