the events of early years are fresh and vivid. The them. That gentleman also contends that commuta scenes of the Revolution would be the sunny spots on was given to those only who rendered the service, which the memory of the aged veteran would love to was never intended by Congress to go to the heirs o linger. The gentleman forgets, too, that his objection gal representatives. When the lines of the conting applies with equal, if not greater, force to claims before army accepted five years' full pay in lieu of half pay a committee of Congress. Can evidence be manufactured life, the amount of each officer's commutation becar for the Treasury Department only? and have committees debt due to him, and, if unpaid during his life, like peculiar advantages in detecting imposition? other debt, was payable to his representative. If t Another and a most extraordinary objection of the had been originally any doubt on this question, Cong gentleman from New York is, that the act of 1828 is a has too often recognised the right of the representati new commutation act, intended to meet cases of commu- the deceased officer to receive the commutation, for tation not previously allowed and settled. That act a doubt now to exist. The allowance of interest is s gives to each surviving officer of the revolutionary army, uously objected to, and the gentleman from Ge in the continental line, who was entitled to half pay, proposes that it should be allowed only where del according to the resolve of October 21, 1780, full pay for life according to his rank in the line; provided, however, that no officer should receive more than the full pay of a captain in the line. The fact of having received commutation is taken as conclusive evidence that the officer was entitled to the benefit of the act of 1828. The allowance of full pay according to his rank was not Congress. Interest has been granted on commu for five years, but for life. The provision is for the surviving officers; nothing is allowed to the representatives of deceased officers who had not received the commutation to which they were entitled.

[Mr. VANDERPOEL explained. He had not said the act was in a literal sense a commutation act, but that, in its operation, it might be so considered.]

payment has been owing to the Government. Inter expressly promised by the resolution of March 22d, 1 and Congress, by fixing so short a period for the bition of these claims, has delayed their payment. committee could not refuse to allow interest, withou suming the power of revising the deliberate judgme

claims in numerous instances, and cases have occ where the principal sum has been allowed in one Congress, and interest thereon in a subsequent on reference of these claims to the Third Auditor has proposed. The committee entertained a just ser the merit of that valuable officer, and the propri such a reference was taken into consideration, but Mr. CRANE. How the act of 1828 can have any con- thought most advisable to submit the claims to the nexion with, much less operate to exclude, claims for of the Treasury Department, who could bring a commutation growing out of the resolves of Congress of knowledge and ability of his Department to their in 1780 and 1783, is beyond my comprehension. Again, it gation. The House is reminded of the resolution o is objected that this bill makes no provision for the pri- uary 26th, 1784, "that half pay cannot be allow vate soldier, and thus creates an invidious distinction in any officer, or class of officers, to whom it has not h favor of the officer. The objection is thrown out for fore been expressly promised;" and the committe effect, or arises out of misconception of the objects of charged with violating this rule by extending the the committee. By the resolve of 16th of September, 1776, years' half pay, given to the widow and orphans o one hundred acres of land were given to every non-com- cers dying in service, to the heirs general of suc missioned officer and soldier who should serve to the cers. This is a mistake. Reports, rejecting suc end of the war. A further gratuity of $80 is given, by struction, and confining the grant to the wido resolve of May 15, 1778, to each soldier enlisting for and children, are now on your table. during the war, and continuing to the end thereof. It One remark I was sorry to hear from the gent was not the business of the committee to inquire whether from Georgia, [Mr. GILMER,] that the Governm these grants to the soldier were liberal, and proportional 1780 and 1783, were forced to comply with the de to those made to the officers; nor was it thought neces- of the officers. I am sure that gentleman has too sary to provide a mode for settlement of the claims of liberality, too much sympathy with the patriotism o the non-commissioned officer and soldier; for such gallant men, to impute to them the design of tak claims are rare and infrequent. The soldier, on his dis- ungenerous advantage of the condition of their charge, received his certificate for his land and the $80, ment. Sir, they earned fairly and hardly every and was too often compelled, by his wants, to part with that was promised to them by Congress. The an them for the merest trifle to the greedy speculator.

history do not exhibit more devoted patriotism, me tience under long-continued privations and suff than was shown by the continental army. What Congress entertained of their services and their may be seen in a report made by Hamilton, Madiso Ellsworth, and adopted on the 24th April, 1783:

The gentleman from Georgia [Mr. GILMER] alleges that it is impossible to ascertain who has received commutation. I believe no such difficulty exists, and that the Government has taken care that no one shall receive it twice, and that full lists of all who have received it may be found in the public offices. He accounts for "Another class of creditors is that illustrious a officers not bringing forward their claims to commutation triotic band of fellow-citizens, whose blood and because they were indebted to the Government; and he bravery have defended the liberties of their country alleges that, under this bill, the representatives of such have patiently borne, among other distresses, the debtors may obtain commutation. A clause, that such tion of their stipends, whilst the distresses of their commutation should not be paid to any debtor, or his rep- try disabled it from bestowing them; and who, ever resentatives, until the debt has been settled, might have ask for no more than such a portion of their dues been inserted in this bill from abundant caution; but enable them to retire from the field of victory and surely such clause is not necessary to authorize the Gov-into the bosom of peace and private citizenship, ernment to offset the debt due it against that due the offi- such effectual security for the residue of their cl cer or his representatives. their country is now unquestionably able to pro Again: the gentleman from Georgia objects that, under The report goes on to refer to the proceedings this bill, invalid pensioners may obtain commutation, con- camp of Newburg as "a fresh and lively insta trary to the resolve of June 7th, 1785. The bill gives their superiority to every species of seduction fr commutation to those only to whom it was promised by paths of honor and virtue.' On that memorable Congress. So far from promising commutation to invalid sion, the officers of the continental army did "gi

Jance

victorious over its enemies-victorious over itself;" vic-quired under such resolves-in other words, t torious over those feelings which the eloquent incendiary have judgment in his favor. Mr. A. said it strove to excite to an "appeal from the justice to the provision, altering and varying the principles fears of Government." Nor was this love of country of presumptive evidence, that he objected. confined to the officer; the lowest sentinel in the army tions, or presumptive evidence, ought to be s felt its influence. Let me refer you to one striking in-consideration; and when they were so strong stance. When the Pennsylvania line, goaded to madness duce conviction, they might be considered as by grievances unredressed, and especially by the attempt to full proof. It was a matter to be submit to prolong the period of enlistment beyond the terms of sound discretion of the tribunal appointed to the original contract, broke out into open revolt, though testimony, and to direct according to the i they killed and wounded their officers who attempted to would have upon the mind. quell the mutiny, though they pointed their bayonets at the bosom of their favorite commander, Wayne, and an officer of the continental line was in service One rule prescribed is, that, "it being estab compelled even that. lion-heart to recoil from their des- the 21st day of October, 1780, and until the ne peration, yet they still clung to their country, ungrateful ments of the army, provided for by the resoluti and faithless as they deemed her: they rejected all the date, were effected, he shall be presumed, u splendid lures of the British general, Sir Henry Clinton, pears he was then retained in service, to hav and delivered up his emissaries to the justice of Washing-duced by that arrangement, and therefore enti ton. While liberty and independence are cherished in half pay for life, or the commutation in lieu of this favored land, the claims of the continental army will second is, "that a continental officer, proved not be forgotten or slighted: an American Congress mained in service after the arrangements of will never avoid the performance of its solemn engage-under the same resolution, shall be presume ments with any one officer or soldier of that army, by served to the end of the war, or to have retire statutes of limitation, or by strict and rigid construction: to half pay for life, unless it appear that he d Mr. CRANE having concluded his remarks-service, or resigned, or was dismissed, or

Mr. POLK said he was in favor of the bill, but, re-abandoned an actual command in the service of t ferring to the importance and urgency of the appropriation bills, expressed his hope that the present bill would either be postponed or passed upon without delay.

States." The facts of such service are circ which may well be flung into the case as pr evidence, but ought not to be established as After some conversation as to the order of business, which, unless explained away, must be cons Mr. ALLEN, of Vermont, obtained the floor. conclusive. Mr. A. said he was opposed to the bill; and, lest the themselves, who might be put upon their corpor If none were to apply but the motives which had brought him to that conclusion should no great danger would be apprehended; but be misunderstood, he begged leave to trespass upon the bill is understood to embrace the heirs of the patience of the House, whilst he assigned some of the officer, his administrator and their assigns, who reasons which had influenced him to oppose its passage. stitute nine-tenths of the applicants, it is easy t He was in favor of a liberal provision for the support that great impositions and frauds might be pract of the surviving officers and private soldiers of the Revo- the treasury. The representative of the offic lution. In their behalf he would go as far as any other establish the fact of service from the 21st day of member upon this floor. The successive laws that have 1780, to the 1st of January following, or prove been passed for their benefit he had been gratified with, for any period, it matters not how short, subsequ and desired to see them still further extended, embracing 1st of January, 1781, and he would make out the widow of the revolutionary patriot, and would most The rule is positive. He shall be presumed cheerfully support such a provision. He had regretted served to the end of the war. It cannot be the provisions of the statute of 1820, restricting the priv- that the Government can hunt up testimony to ileges of the law of 1818. presumption of service, after a lapse of fifty yea The bill upon your table, said Mr. A., embracing pro- is an admitted fact that the archives of the Gov visions, in their character, of a very different descri ion, from conflagrations and other accidents, do no I feel myself called upon to oppose it. It contains princi- security against frauds and impositions that ples which I consider it dangerous to adopt, and cases practised under this lax rule of testimony. U which we are not called upon by any resolution or sub-prescribed effect to be given to such testimony, sisting contract to provide for. nal appointed to try the question might be whol

The bill prescribes a mode of proof, which, as varying isfied as to the fact of service to the end of the from settled and salutary principles of evidence, ought yet be compelled to render judgment in favo not to be introduced into a public statute law. If there claimant. Applications might be made by some are cases of the sort intended to be provided for in this his assign, of an officer who had never interposed bill, demanding relief, which could not be maintained by or suggested a right to half pay or commutation: the established rules of evidence, they had better be de- the simple fact of service for the least period cided here. Each particular application would depend unaccompanied by any corroborating circumstan upon its own merits. Mr. A. said he wholly disapproved Secretary, against his own opinion, would be co the enactment of any new principles of evidence fitted to allow the claim. up for particular cases.

Mr. A. said the third rule of presumptions he The bill professes to make provision for the payment little subscribe to as those already considered. of those persons who were entitled to the commutation that a continental officer, who died during the of five years' full pay in lieu of half pay for life, and of within three months after he is proved to have b seven years' half pay to the widows and orphans of those his command, shall be presumed to have died in officers who died in the service during the revolutionary vice, unless the contrary appears. This inclu war, and who have not already received their certificates. whole period of the war, and embraces not me In aid of this object, it prescribes and gives effect to the claim of the surviving widow for seven years' half cstablishment of certain given facts, falling short of proof her heir, representative, and assigns. He conside of the requirements by the resolutions of Congress, un- also too dangerous a rule of evidence to be emb der which the claim is made, by which the applicants a public statute. If once admitted, how can you shall be presumed to have rendered all the services re- your assent to the extending a similar law t VOL. X.--254

the best information he could obtain, Mr. A. said he c not come to the conclusion that an officer might come forward and signify his acceptance of the comm tion, and demand it, together with an arrear of fifty y interest. If, in equity, he was entitled to any thin would be for the sum simply, with interest only from time he should establish his claim. Further, he did desire to apply a strict rule of evidence to applica made by the surviving officers. He was willing to ex a liberal course towards them; but in regard to the and representatives, when so large a sum would be d from the treasury, if this bill should pass, with its ent provisions, as he believed there would be, he not support the measure, unless he found himself b to do it under the contract of the Government.

particular cases? Such are at hand. Under the statute of $32, an applicant to obtain a pension must prove a service of two years: he establishes the fact that he was in the service, but the length of time he does not make out. Why, if you mean to dispense equal justice by your laws to all, will you not prescribe for him a rule of evidence that he shall be presumed to have served the two years? In his case it is as fair and as equitable as in those to be provided for in this bill. Facts like these may be received and duly examined, but should not, of themselves, be imperatively binding. This bill, he contended, made them so. Mr. A. further remarked, that the bill provided for payment of interest from the termination of the war down to the present time, to be computed agreeably to a rule prescribed for the funding of revolutionary claims under the statute of 1790, commonly called the funding act. Have you, sir, examined into the amount of mone He was opposed to that feature of the bill. Interest had would probably be needed? He had looked into not usually been allowed on claims against the Govern- of the special acts that had been passed in favor of ment, nor were these entitled to any special advantage.vidual applicants for commutation and seven years Admitting the fact that those who would be embraced in pay, upon the principles of this bill. He had exa this bill accepted the offer of commutation in lieu of half a few special acts of 1832, all of the same tenor, pay, which was a matter not quite certain, as he should to the proper accounting officer of the Treasury aut attempt to show, they would not be entitled to an arrear of interest. They should have made their application for their commutation pay: they would then have been entitled to receive their money or certificates. In neither case would there have been any allowance of interest previous to a demand and proof furnished establishing the right. The applicant would be entitled to payment from the time he had established his claim; and, accordingly, the resolution offering commutation provided that, if not paid in money, certificates should be issued, bearing an interest making them equal to money. This was all that he found in any of the resolves of the old Congress relating to interest. It was evidently intended by the terms of the resolution of '83, offering the five years' full pay in lieu of half pay for life, that it should be called for within a reasonable period of time; for the same act provided that their election should be signified to Congress through the commander-in-chief, from the lines under his immediate command, within two months, and through the commanding officer of the Southern army, from those under his command, within six months from the date of the resolution. Why should these short periods be given, unless it be for the purpose of affording to Congress the earliest opportunity for closing those demands in the way pointed out by the resolution? The Government was not bound by this resolution, unless certain requisites were complied with on the other side. Their election, if made, was to be notified to Congress, in order to bind them, through the commander-in-chief and commander of the Southern army, within two and six months. Was it so done? In a report to Congress upon the subject of the claims of the officers of the Revolution, made in 1828 by a select committee of the House, it is stated that, "in examining this part of the subject, your committee do not find any signification to Congress of any acceptance, other than a notice on the journals" of a report made by the Secretary of War, on the 31st of October, 1783, and long after the officers had dispersed, that certain lines, from New Hampshire to Virginia, inclusive, had agreed to accept.

to settle, adjust, and pay for five years' full pay, in co tation of the half pay for life, together with such in thereon as would now be due if a certificate for such mutation had been issued and subscribed under the ciples of the funding debt; and by an examination accounts of expenditures in the Treasury Departme had found charged, for the payment of twelve of claims, the sum of ninety-five thousand dollars. It be impossible to make any correct estimate of the ber of applicants who would come in under the presumptive provisions of this bill. It had been by some gentlemen that these would not probably two hundred or two hundred and fifty in numbe remembered, in 1818, when the pension law year was made, to have read the remarks of some man of that Congress, who was supposed to k much as any other upon the subject, that there we then living more than about five thousand who ha ed in the revolutionary army. That law passed, took the benefit of it, and time passed on with its upon human life until the law of '32; and yet, und last law, some thirty thousand have established their and are enjoying its benefits. Considering the pr of this bill, that it may include all officers who v service on the 21st of October, 1780, and continu January, 1781; all who, for any portion of tim found in the army subsequent to that period, and at any time during the war, died while with their co or within three months after it, with liberty to su parol testimony and deficiency in the rolls or ret the army, will it be an extravagant conjecture to s if this bill become a law, it may draw from thet some ten or fifteen millions of dollars?

Sir, I have cast my eyes over a statement furni Congress in 1826, by the Register of the Trea which he has made a calculation upon the oper these commutation claims, and find, by following and bringing the interest down to this time, the tation of a major general would be $40,000, a b general $30,000, a colonel $18,000, lieutenant more than $14,000, a major nearly $13,000, $9,662, lieutenant $6,441, an ensign $4,831. One further fact in relation to those special to the representatives of the deceased. Now, Mr er, I apprehend you will agree with me, that be treasury should be unlocked for this extensive de it, the contract of the Government should be strictly, to be a good, legal, subsisting contract.

This report itself is not to be found; but certain it is that no signification was made to Congress, either by the commander-in-chief, or the commanding officer of the Southern army, or within the times prescribed in the of-state: that four were granted to the survivors fer; neither was there any resolve of Congress specifying such assent, declaring their option, whether to pay in money the amount offered, or to give security for the same on interest. And in another part of the report, the committee say that, "on a careful examination of this matter, your committee have been forced to the conclusion that the offer was not so complied with.” From

Permit me to turn your attention to the sever tions of Congress; examine them and determi

Commutation Pension Bill.

[H. of R.

was intended to be granted-what the extent of them. I ance of such disability, the one-half of his monthly pay am aware that it is considered by the learned commit- The language of this resolution is as strong, the reasons tee who reported this bill, for whose opinions I will pay greater, and the promise as direct, in this case, as in those the greatest respect, that the right of the heir is indis-under the resolutions of '78, and '80; and yet it has, I putable; yet as I entertain some doubts upon this point, believe, never been contended that the invalid transmitwith great diffidence I hazard the question whether, if ted any legal claim to his heir, if he made none himself. the half pay or commutation is not claimed by the officer Both I consider as personal favors, optional with the indiduring his life, it shall make a part of his estate and de-vidual, to be claimed by him, or not, according to his scend to the heir? If the half pay was intended to be for pleasure. The Government have so treated it in subsethe personal support and comfort of the individual, and quent statutes. In that of '28, each surviving officer, ento be considered as abandoned if not claimed by him, titled to half pay, is authorized to receive his full pay dushould the commutation be considered as standing upon ring life, beginning in 1826. Does this statute create a debt a different basis? Further: Was there such a compliance which may be claimed by the heir, provided the ancestor with the terms of the resolve of '83, on the part of the make no application for it? This is not contended for. officers, as to entitle them to the benefit of it? Was any election signified to Congress, agreeably to the tenor of under the resolution of 1780, seven years' annual half pay The highly benevolent purpose of giving to the widow, the resolution? The report of the committee in 1828, of her husband, commencing at his death, and to be conwhich I have alluded to, shows that none of those requi-tinued only during her widowhood, strikes me so forcisites were complied with. That committee say that, on bly to be a donation for her personal support, that I am a careful examination of this matter, they have been not prepared to admit that, whilst she was satisfied to forced to the conclusion that the offer was not so com- abandon it, the heir might, after the lapse of half a cenplied with. It would seem that no vested right was cre- tury, claim it as a debt against the Government, with fifty ated against the Government by that resolve; and although years' interest. The spirit of the resolution is against it. the Government, by acts of 1785, '87, and '92, opened Its object is, to my mind, clearly indicated, and I am comthe door for them to come in, and receive, individually, pelled to oppose this feature of the bill. their certificates, yet this created no obligation beyond the condition of those acts.

But it is alleged that the resolves of the 15th of August, 1778, and 24th of August and 21st of October, 1780, create such an estate as would pass to the heir, although never claimed by the ancestor.

Mr. A. said he had now passed through with such sugshould be taken. He would repeat, that it was not to gestions as he felt called upon to make before the vote the claims of the survivors that he made objections, but to the application of those who, on account of their own ury their splendid fortunes than were the descendants Let me turn your atten- services, were no more entitled to draw from the treasof any other portion of the worthy patriots of those days. All exerted themselves during that eventful struggle, as well he who remained at home as the officer and private soldier who underwent the hardships of a campaign. None obtained fortunes, in a pecuniary point of view; but, by their united exertions, aided by a kind Providence, was of infinitely more importance, the blessings of the procured for themselves and their posterity that which most free and liberal form of government upon earth.

tion to those resolutions, for the purpose of getting at their definition and extent. The first is, that "all military officers, commissioned by Congress, who now are, or hereafter may be, in the service of the United States, and shall continue therein during the war, shall, after the conclusion of the war, be entitled to receive annually, for the term of seven years, if they so long live, one-half the present pay of such officers."

The second extends the provisions of the first to the widows of those officers who have died, or shall hereafter die, in the service, to commence from the time of such officers' death, and continue for the term of seven years; or, if there be no widow, or in case of her death or intermarriage, the said half pay to be given to the orphan children of the officer dying as aforesaid, if he shall have left any.

The third resolution extends the half pay for seven years, in the first resolution, to half pay for life.

had succeeded, as I had hoped to do, in obtaining the floor Mr. TURRILL then rose and said: Mr. Speaker, if I at an earlier day, it was my purpose to have examined somewhat minutely the several resolutions and statutes which have been passed by Congress, in relation to the army, together with the reasons which led to their pascommutation of pay by the officers of our revolutionary I ask the question, do these resolutions create a debt that these meritorious men possess both legal and equisage, and from such examination to have demonstrated against the Government in behalf of the heir, provided table claims against the United States, and that rigid justhe ancestor interpose no demand? They fix the com- tice requires that these claims should be referred to some mencement and termination of the claim, and the several competent office for settlement. But, Mr. Speaker, this periods of time when it should be paid. It is not, in the whole subject has been so fully and so ably discussed by character of wages, stipulated to be paid for services pre- the honorable gentleman from Ohio, [Mr. CRANE,] Who vious to entering into the employment of the Government; has to-day addressed the House in favor of the bill, that I nor does it stipulate for the payment of a given sum for know I should be trespassing too far upon the patience of a corresponding amount of service. Although the service the House, were I to occupy the time by entering upon of two might be alike, one might receive one year's an examination of this subject; I do not, therefore, wages, and the other forty, and, if not claimed by the an-rise now for the purpose of entering into a full discestors, the heirs would be paid in the same proportion. cussion of the merits of this bill, or with a view of an. Would it not with greater propriety be said that it was a swering the various objections which have been, or which gratuity, a pension, allowed in addition to their stipulated may yet be, urged against it, but merely to state, in as compensation, to continue during life on condition they brief a manner as possible, some of the most prominent shall demand it? In order further to test the probable in- reasons which induced me to agree to the bill in the comtention of the Legislature in passing these resolutions, mittee, and which will now govern my vote on the queslet us compare their phraseology with that of '76, in relation before the House; in doing which I will detain the tion to the half pay granted to invalids, upon the construc- House for but a very short time. It is matter of history, tion of which I apprehend there is no difference of opin- sir, that, during the war of the Revolution, this country ion. This enacts that every officer or soldier who should was suffering under great pecuniary embarrassment. The lose a limb in any engagement, or be so disabled in the Government could not procure the necessary means to service as to render him incapable afterwards of getting clothe and feed the army, much less to pay the officers a livelihood, shall receive during his life, or the continu- and soldiers. As the war proceeded, the difficulties in

4055

H. or R.]

GALES & SEATON'S REGISTER

Commutation Pension Bill.

405

[MAY 13, 18

creased, the country became more and more embarrassed, who were entitled, richly entitled, to half pay for li and so great and so threatening were our dangers that the voluntarily submitted the whole subject to the wisdom stoutest hearts began to tremble for the result; the friends Congress. They had entered the service of their co of liberty were engaged in a glorious, but a most unequal try to conduct her to freedom, to independence; struggle. The pecuniary means which were indispensa- they could not consent to receive any thing for th ble to a successful prosecution of their great undertaking services, sacrifices, and sufferings," which was not f could not be obtained. At this crisis, Congress resorted ly granted by their fellow-citizens. Mr. Speaker, s to the only expedient in its power to maintain the cause we perform this contract? Shall we pay what we h of the country, and keep its army in the field. Full com- thus solemnly promised to pay? Shall we discharg pensation was promised to those who should stand by their debt the creation of which secured to us our free country to the end of that eventful contest, and provision tutions? Or, will this rich, this powerful nation shiel was also made for the widows of those who should die in self behind the statute of limitations? Why were the service. The resolution passed in May, 1778, se- these demands paid when they became due, and w cures to "all military officers commissioned by Congress," many of the meritorious officers were suffering for who continued in the service of the United States "du- of the money? The reason is obvious. At the clo ring the war," seven years' half pay. In August, 1780, the war this nation was not in a situation to pay a si Congress declared "that the resolution of May 15th, 1778, dollar; and I am not aware that it has at any time granting half pay for seven years to the officers of the that period offered to pay these demands. army who should continue in the service to the end of the And will it be seriously urged by gentlemen on war, be extended to the widows of those officers who flo, that we ought not to perform this contract, have died, or shall hereafter die, in the service. In Oc- in the hour of our necessity, because those entitl tober, 1780, Congress declared, by resolution, "that the commutation have been kept out of the use of thei officers who shall continue in the service to the end of ney until the amount has become large? I trust no the war shall also be entitled to half pay during life, to I am aware, sir, that certificates were tendered t commence from the time of the reduction." Here, then, officers. But did those certificates, in the slighte Mr. Speaker, was an express agreement, on the part of gree, increase the liability of Government? No the United States, to give to those officers who should They were only additional evidences of prior inde serve to the end of the war, half pay for life. And this mess. Many of the officers did not think it an obj solemn national pledge was given at the urgent request be at the trouble and expense of obtaining them. of General Washington, whose powerful and patriotic natural they should entertain such feelings, for a mind was deeply impressed with the necessity as well as time the credit of the Government was at such justice of the measure. It was soon discovered, how-ebb as to preclude all rational hope of obtaining ever, that this arrangement, though manifestly just and for them. In the language of my honorable coll expedient, awoke associations and prejudices among the [Mr. VANDERPOEL,] who addressed the House in people, which rendered it very unpopular in many of the sition to the bill, these certificates were scarcely States, insomuch that the officers of the Revolution, al- the rags from which the paper was made." Those though they had faithfully performed their part of the con- obtained them were compelled to sell them for tract, and were justly entitled to half pay for life, (for the song."

Tha

war was then virtually at an end,) with characteristic dis- To the claims of a portion of the Virginia troops interestedness drew up a memorial, and sent it to Con- of time cannot be an objection with any one. gress, requesting them to remove all objections, by grant-resisted the claims of those officers-suits were inst ing a compensation for a limited period, or a compensa- and a decision was had against the claimants. That d tion in gross. In consequence of this memorial, Congress operated as an effectual bar to all the class of cas passed the resolution of 1783, “granting to the officers 1830, when, upon full argument, that decision wa of the army five years' full pay, instead of the half pay ruled, and the halls of justice were again thrown promised for life." The preamble to the resolution, Mr. Sir, for the last twenty years, Congress has been Speaker, contains, in a succinct form, the views of the offi- commutation under these resolutions; and it is too la cers, as well as of Congress, 'upon that application; and as it I apprehend, to interpose the statute of limitations is short, I beg the indulgence of the House while I read it. righteous claims unrighteously denied. The act "Whereas the officers of the several lines under the does not, as has already been clearly shown by immediate command of his excellency General Washing-orable gentleman from Pennsylvania, [Mr. MUHLES ton did, by their late memorial, transmitted by their in any way affect the claims for commutation; i committee, represent to Congress that the half pay grant- those claims precisely as they were. They still ed by sundry resolutions was regarded in an unfavorable all their justice, and in all their sacred obligation. light by the citizens of some of these States, who would If, then, sir, these claims are to be paid, to w prefer a compensation for a limited term of years, or by a bunal, I ask, shall they be referred for settlement sum in gross, to an establishment for life, and did on that we send them to a responsible officer, every w account solicit a commutation of their half pay for an petent, from long experience in investigations equivalent in one of the two modes above mentioned, inilar character-an officer who will have in his po order to remove all subjects of dissatisfaction from the all the documentary evidence extant, to show w minds of their fellow-citizens: in the service, how long each officer continue

"And whereas Congress is desirous as well of gratify- service, and what officers have been paid, either ing the reasonable expectations of the officers of the army State of Virginia or by the United States? Or as of removing all objections which may exist in any part continue to legislate in detail upon each individ of the United States to the principle of the half-pay estab- This is the main question presented to the Hous lishment for which the faith of the United States hath been bill on your table. Let it be remembered that pledged; persuaded that those objections can only arise ceedings in these cases are, in their nature, stri from the nature of the compensation, not from any indis- cial. There is no legislative discretion whate position to compensate those whose services, sacrifices, exercised. Every thing depends upon the p and sufferings have so just a title to the approbation and that be sufficient to bring a claim within the res rewards of their country: it must be allowed, as a matter of course. It c resisted or denied without partiality and oppres

"Therefore, Resolved," &c.

Thus, Mr. Speaker, these brave, these generous men, is there any place for the exercise of discretion &