H. OF R.]

Wiscasset Collector.

[MARCH 29, 1832.

This

aware that the orders of the day would have been called the House of Representatives of the Congress of the Unit for before he could have asked a question of some one of ed States: "A B, humbly complaining, showeth," &c.; the gentlemen from Maine, having a bearing on the cha- and must conclude, "as in duty bound, your petitioner racter of the person who had sworn to and subscribed the will ever pray," &c. He considered it was as proper to statement that had been referred to the Judiciary Com- address a grand jury, empannelled by authority of a State, mittee. His only object in rising at that time was to pro- or of the United States, in that style, to bring before them pound that question, which he should now do before he an offender against the laws, as it was to address that resumed his seat. But, as he had obtained the floor, he House for a similar object by an humble petition. The would make a few remarks on the question before the gentleman from Maine [Mr. JARVIS] says the specification House. No one could regret the discussion which had is brought before the House at the tail end of a resolution. been sprung upon the House, wholly unexpected, more If this be an objection against the House proceeding to inthan himself. He regretted that the committee had thought vestigate the charges, does it not apply with equal weight proper to submit the motion to be discharged from the against sending it to the Secretary of the Treasury? The further consideration of the subject, and to refer it to the gentleman seeins to be struck with a sensation bordering Secretary of the Treasury for investigation. The papers on the horrible at this mode of bringing a subject before were referred to the committee without comment, and the House. There must be some cause for this; and he without any political cast having been given to them. He could only account for it from the fact that a resolution thought the gentleman from Maine [Mr. EVANS] had pur- the gentleman offered here some time since, was buried sued the most proper and correct course in referring so deep by the public documents heaped upon it by the them to the Committee on the Judiciary, without any re- gentleman from Kentucky, [Mr. DANIEL,] that it has not marks on their character, which necessarily would, if been seen or heard of since. The gentleman from North made, have provoked a discussion, and have, in some Carolina [Mr. SPEIGHT] says the charge is for subornation measure, incapacitated the House for a candid, impartial, of perjury, and, being sustained by one witness, is not and deliberate investigation of the charges contained in proven according to the well known rule in evidence, that the papers. This course clearly indicated to him that the perjury can only be proven by two witnesses, or by one gentleman had no particular political motives to serve in witness and strong corroborating circumstances. For withpresenting the papers, and that he was alone governed by out this accumulation of evidence, there is only oath against a desire to promote the cause of truth and justice. Such oath. This position seemed to be sustained by the rewas the course of proceeding when he first had a seat in marks of the gentleman from New York, [Mr. BEARDSthe House in the eighteenth Congress. The practice had LEY,] a member of the Committee on the Judiciary. If been different for several years past; and to almost every this be so, the objection goes to put down all investigaproposition in any way affecting an officer, a political cha- tion, either here or by the Secretary of the Treasury. racter and bearing had been given to it on the question The gentlemen are mistaken in a matter of fact. The of inquiry. The consequence had been, that the respect- charge is, an attempt to prevail on the inspector to comive parties had arranged themselves, and a state of feel- mit the crime of perjury, and not the actual commission of ing had existed that did not sustain the dignity of the perjury, or subornation of perjury. The rule of evidence House, or promote the cause of justice. It had been sup- therefore referred to, does not apply in this case. posed that it was proper to convert the House into a poli- is, however, an offence, admitted to be so by all, and, to tical theatre, and give tone from thence to public senti- his mind, of a very aggravated character. ment. He had been gratified in the prospect there was The gentleman from Maine [Mr. JARVIS] said the paof a recurrence to the former mode of disposing of charges pers were not sent to his colleague, [Mr. EVANS,] but that against officers of the Government, and had extremely re- they were sent--(and here he paused to apologize for gretted that the gentleman from Maine [Mr. JARVIS] had mentioning the name of the Senator,) to the honorable thought proper to give to the question a political aspect. JOHN HOLMES, of the Senate. There can be no doubt, All of us profess to agree that the charges are of a very from the manner of adverting to this circumstance, and serious character, and that the officer implicated is highly pronouncing the name of that honorable Senator, that he culpable, if they be true. Our disagreement seems to be supposed the medium of communication was disreputable, as to the mode of proceeding best calculated to elicit the so much so as to cast an odium on the charge itself. truth of the charges. Some gentlemen wish a private What! send papers to a Senator, and that Senator the examination, or, as the gentleman from Kentucky [Mr. honorable John Holmes! It is quite proper that we should WICKLIFFE] very forcibly remarked, to send the charges inquire into this matter; for if it be so that the charge into the back chamber of the Secretary of the Treasury. comes to us polluted, we may, with propriety, dismiss it at He said, many objections had been raised against the once. And who is this honorable John Holmes, whose manner adopted, in bringing the charges before the name has been introduced here by way of derision? and House. The gentleman from Tennessee [Mr. POLK] had what services has he rendered to the country? He said he urged they were unaccompanied by any petitions. Peti- knew him as a public character, by common report, and tions were the usual mode by which private grievances through the medium of the newspapers, long before he were brought to the notice and consideration of the House; saw him, or expected ever to see him. He believed Mr. and they prayed for relief in some matter where the peti- Holmes was called into public life before the last war; tioners had an immediate and direct interest. That was and certainly during the war he was an active member of not the case then under consideration. The offence, if the Legislature of Massachusetts, and opposed the meaone had been committed, was of a public, not of a private sures of the State Government, and supported the admicharacter. It had been made to the House as the grand nistration of Mr. Madison. He said he read his speeches inquest of the nation, and, as such, it became a duty to at that time, and well recollected they were published in investigate it. He said it was his opinion, that if any mem-all the administration papers of the day, and were popular. ber knew of any corruption or malfeasance in office, he There was a fearful odds against him at that time, but he was bound to rise in his place, and make it known to the persevered until the State was revolutionized. It was not House; and when so communicated, the House was bound thought, then, by the republican party, that any commu to act, if this charge was within its cognizance, and wor-nication was contaminated by passing through his hands. thy of its notice. But it seemed to be the idea, he said, This same Mr. HOLMES defended General Jackson on this floor against the charges arraigning his conduct during the Seminole campaign. And if General Jackson is more indebted to one man than to another, on that occasion, that

of the gentleman from Tennessee, that we must be addressed by an humble petition. He said he supposed the style must be something of this kind: "To the honorable

MARCH 29, 1832.]

Wiscasset Collector.

[H. of R.

man is Mr. HOLMES, whose touch General Jackson's friend for removing the inspector; and it was that he was intem[Mr. JARVIS] now insinuates pollutes a paper. On the perate. The information he desired, he said, is this, and he admission of Missouri, Mr. HOLMES took part with the expected to derive it from some of the gentlemen from South, and devoted his best talents to bring about a com- Maine, whether the person who has made the complaint promise and the reconciliation of a question that agitated (Mr. McClintock,) has not been nominated by the present every section of the country. In doing so, he hazarded Governor for a justice of the quorum, and whether the much; but his constituents sustained him. Mr. HOLMES present council has not confirmed the nomination. If contributed largely towards the separating of Maine from such was the fact, he said he thought the vague rumor, Massachusetts, and in rescuing her from a colonial condi- and even the direct charge of the collector, implicated as tion, and placing her among the States, sovereign and in-that officer was, were not entitled to any controlling independent. He was a member of the convention that fluence in the subject under consideration. For, he said, formed the constitution, and his talents and experience he did not know but the Governor and Council were as were then duly appreciated.

moral as those generally elected to office in the New EngThere is one provision in the constitution that merits, land States, and he considered no higher compliment need and will receive, the gratitude of the yeomanry of the State. be paid to any men; and he was very sure, if they were, By a law in Massachusetts, enacted, Mr. W. said, as he that they would not appoint any man to office, who was in supposed, by the influence of wealthy landholders, wild the habits of intemperance. There are, said he, some ten, and uncultivated lands were taxed on their value, when fifteen, or twenty persons who have certified that Mr. compared to improved lands, in the proportion of two to McClintock is a man of truth and veracity, and that he has six.

The consequence was, the taxes were principally been constable and deputy sheriff for some years. Some assessed on improved lands, while the rich speculators person has noted in pencil opposite to a part of the signawere benefited (by the improvements made by actual set-tures to these certificates, that this and that person is a tlers) in the increased value of their uncultivated and un-Jacksonman, or a good Jacksonman, and this has struck improved lands, which they retained until they command- the gentleman from Maine [Mr. JARVIS] as being improed their own estimated value. Mr. HOLMES thought this per, and his tender feelings are shocked by it, and he says system of taxation was manifestly unequal and unjust, and he would not have presented the papers on that account. ought to be guarded against in the constitution. He there- The person who sent the papers probably knew he would fore proposed an article which was adopted, by which not present them, and that is a good reason why they the laboring farmer and the wealthy landholder were were not sent to him. It is mortifying that it is made neplaced on a footing of equality. This was strenuously op-cessary, in recommending a person for office, that his poliposed by those who were interested in maintaining the tics should be known, in order to propitiate the appointing foriner unequal system of taxation; and when they found power, and not only so, but that those who sign the recom their opposition was unavailing against the talents of Mr. inendation should be vouched for as good Jacksonmen, HOLMES, and the justice of the proposed article, they left who have assiduously labored in the good cause. Such, the convention without signing the constitution. The however, is the fact; and it was known that unless the gentleman from Maine [Mr. JARVIS] will probably recol- certifiers were noted as being "good men and true," lect the transactions that took place at the convention. their recommendations would be deemed to be spurious Mr. W. said he did not know who sent the paper to Mr. and counterfeit, and entitled to no weight. As highly as HOLMES, nor what were the motives that influenced him he valued his right arm and his right eye, Mr. W. said he in giving them that direction. We had been told, how- would be willing to hazard both on the issue, that the ever, that the House was the appellate tribunal; and if gentleman from Maine [Mr. JARVIS] had not recommendthis were so, it is not unlikely that Mr. HOLMES'S Corre-ed any person for office within the last three years, whose spondent thought the Senate had primary and inquisitorial general politics were not known here, without it having jurisdiction. Whoever these papers came from, he had been stated that the applicant was a Jacksonman. no doubt if the gentleman from Maine [Mr. JARVIS] would Two things will be the result of a public investigation ask Mr. HOLMES, he would cheerfully and promptly take of these charges, if they shall be found to be true. The off the injunction of secrecy. The gentleman from Con- first is, the incumbent will be removed from office; and necticut [Mr. HUNTINGTON] must have satisfied every the second is, his expulsion will be held up in all future gentleman who heard him, that the Secretary of the time as a warning to all others alike evilly inclined. He Treasury had no power to remove the collector, but the said he did not vote for the impeachment of Judge Peck, contrary seemed to be assumed before that gentleman not because he did not believe the Judge had been too spoke, by all who advocated the motion to discharge the rigorous, but because he thought there was a want of evicommittee. The power of removal being in the Presidence to prove a corrupt or evil disposition; but he was dent, it is now suggested that he should make the investi- satisfied the impeachment would make judges more caugation. Is it meet and proper to impose this burden on tious hereafter: and he was of the opinion that one of the the Executive of the United States? Will he be willing to managers [Mr. BUCHANAN] was correct in remarking that discharge this duty for the House? Has he not other and a judge would not be guilty of a like oppression in half a more important duties to discharge? Something has been century to come. If the gentleman from New York [Mr. said about the witness, which has a tendency to invali- BEARDSLEY] be correct in asserting that every mail brings date his testimony. It was for the purpose of pro- similar complaints, (and he mentioned as many as thirty pounding a question in relation to him that induced me to on some days,) it is necessary that a public example should rise yesterday. The gentleman from Maine, who first be set, by a public trial and dismissal. If the investigation spoke, [Mr. ANDERSON,] told something like the story shall be made by the Secretary of the Treasury, the inof "this is the house that Jack built" about this witness. cumbent may be removed; but that will have no influence He had heard something said by some person who had by way of example. The charges have been made pubheard some other person say that the witness had been re-licly and openly; and it is due to the accused, if innocent, moved from office on account of his intemperance. There that his acquittal should be announced in the same way. was nothing very uncertain or definite about it; it was He said he was opposed then, as he ever had been, to not vouched by the gentleman, nor traced to a responsi- all and every species of fraud and speculation. A case ble source. The gentleman who last spoke, from Maine, had been tried in this District two or three years since, [Mr. JARVIS,] had been more explicit, and he had frankly and the person charged had extorted no sympathy from stated that the collector, the person complained against, him. He had regretted the trial was so long protracted, had lodged the reason with the Secretary of the Treasury and had anxiously waited the arrival of the mail that

H. OF R.]

REVOLUTIONARY PENSIONS.

brought the news of its termination. The person was in-granting pensions in individual cases, that it would be incarcerated, and continues in confinement. If he had no- expedient to pass an additional general law extending the thing to urge against the President, except that he had provisions of the act of 1818, but that each case should be not exercised his pardoning power in the instance referred presented singly for the consideration of Congress, and to, he would exonerate him from all blame. He had seen, depend upon its own intrinsic merits. But I am averse to since he came here, a caricature representing the President an attempt to legislate specially on this subject. I believe as putting the third padlock on to the prison door, with a that adequate relief could not be attained in that mode. I visage distorted by a horrible grimace, while the prisoner have carefully noted the course which private claims take was supplicating him with uplifted hands, seen at the grat-in Congress; their number annually is rapidly accumulatings of his window: but the scene excited no pity in him, ing. I have witnessed the manner in which they have further than he regretted that a man of his high standing been shuffled off without discussion, and in many instances and character should in an evil hour have been permitted without even a report, for four years past. Not unfre to have committed the offence of which he was convicted. quently, favorable reports, which have been renewed for We all of us profess to abhor the offence set forth in many Congresses, have not been acted upon. And it truly the affidavit, and still we were differing about the mode may be said that those instances in which individuals have of investigating it. He said he thought the duty of the obtained justice, "have been few and far between." I House was plain; and he hoped, on a little reflection, the have somewhere seen it correctly remarked about the Judiciary Committee would withdraw the motion, and, if it course of legislation here, "that the right of petitioning did not, that the House would not sustain it. Congress virtually had become the right to have the petition rejected." The meaning of which, I suppose, is, not to have the same acted upon at all: and this certainly is The House then again went into Committee of the true as regards private claims. What are deemed the Whole, Mr. L. CONDICT in the chair, on the pension bill. higher and more important duties of general legislation, Mr. TRACY, of New York, said that, were he to consult will first receive the attention of Congress, and occupy his own unbiassed feelings, he should not occupy the time most of its time. But suppose there are ten thousand reof the committee in making any observations on the bill volutionary soldiers not provided for under the existing now before them. That the subject of revolutionary pen- laws, who individually were to present their claims to this sions annually, for many successive years, had been fully House. How long a time would it require to legislate discussed in Congress, and no new facts now could be upon them here? A committee could not scrutinize five elicited from past experience, nor any new reasons or ar- hundred of them at any one session; and how few of these, guments be urged in favor of the passage of the bill, ex-without producing great delay in other business, could be cept that justice had been too long delayed; and from the acted upon finally? Would this not operate as a denial of diminished number of those who were alive to receive a justice? And depending upon such tardy and precarious benefit from the provisions of said bill, the amount of ex- relief, must not a great majority of the soldiers of the penditure necessary to carry it into effect would be con- revolution go down to their graves without experiencing siderably less than heretofore. But, residing, as he did, in the justice of their country? But yet a stronger reason a section of the country which had been a central point to will render this kind of relief totally inadequate. I have which emigrants had largely resorted from the Northern conceded, for the sake of argument, that both branches of and Eastern portions of this Union, probably a greater Congress, in their special legislation, will be willing and number of the surviving soldiers of the revolution resided ready to recognise the claims of all meritorious soldiers in the district which he had the honor to represent on this proved before them, without reference to the particular floor, than in any other single congressional district in the line or corps to which they belonged, and in which they country, though their number, even there, was compara- performed their service, whether in the continental line, tively small; and for this reason he felt himself impelled, militia, or State troops and volunteers. But that liberal by a solemn duty due to them, to present their claims to principle would not be acted upon. Should this House the attention of Congress. I would further remark, Mr. adopt it, experience has taught us that the other branch Chairman, said Mr. T., that the inhabitants of my district of the Legislature would not adopt it, and sanction relief are not in their occupations manufacturers; they have no in cases not strictly embraced within the spirit of the now splendid project of national internal improvement in view, existing law. At the last session of Congress, this House though, as component members of the Union, they have passed a large number of individual bills for the elief of a general interest in the welfare of the country. But they revolutionary soldiers, most of which were reported unfa are influenced by feelings of gratitude and generosity, vorably upon by the committee of the other branch; and which induce very many of them to look forward with I predict that very few, if any, of those which have been great solicitude for the passage of the bill now before us. acted upon here, during the present session, will be favora It was correctly said the other day by the chairman of the bly entertained there; I mean if not strictly within the Committee on Revolutionary Pensions, [Mr. HUBBARD,] Spirit of the existing act. It is true that some few who that it was now too late to object to the existence of a have been stricken from the roll may be restored, and the pension system in this country. It has existed, and been strict proof of two witnesses may be dispensed with in recognised here for many years past; indeed, one of the other cases. But so long as we shall continue to legislate earliest laws of Congress was to provide for those who in under the act of 1818, none except those in indigence, the war of the revolution had been wounded, and disabled and who served on the continental establishment, can reby wounds received therein. No act of Congress has ever ceive pensions. Congress on every subject must regu been more popular and acceptable to the public than late their legislation by certain fixed principles: and the that of March, 1818, which first provided for other than rejection of the bill before us well might be deemed coninvalids. For the truth of this assertion, I would appeal clusive evidence of our disposition not to extend the pento public sentiment almost universally expressed in its sion laws. I trust, sir, that I have urged reasons to convince favor on so many occasions. Sir, it will not seriously be the committee that the passage of a general law alone can contended that the passage of the bill before us will in- furnish an adequate remedy. terfere with State rights and sovereignties or constitutional | According to the pension law now existing, only those law. It will involve no questions except those of justice, are provided for, who served in the war of the revolution gratitude, and policy; and, therefore, public sentiment on the continental establishment, who, in the opinion of ought to be our guide. It frequently has been contend- the Secretary of War, are in such needy circumstances ed here, by members professing not to be unfriendly to as to require the assistance of the country for their sup

[H. OF R.

port; and these, by making out a schedule of their pro- By the act of May, 1820, the Secretary of War was diperty, &c. shall be entitled to receive peusions. The rected to strike from the list of pensioners the name of wording of the act of March, 1818, in describing the par- every person who should transmit a certified schedule of ticular classes of persons to be provided for, says, "every his property under oath, in case such person, "in his officer, non-commissioned officer, private, &c. who served opinion," "should not be in such indigent circumstances in the war of the revolution until the end thereof, or for the as to be unable to support himself without the assistance term of nine months or longer, at any period thereof, on the of his country." continental establishment, shall be entitled to a pension,' Before the passage of that act, the affidavit of the pe&c. I contend, Mr. Chairman, even if this law were to titioner, and the certificate of the judge before whom it be construed liberally and conformably to what I deem to was taken, were sufficient evidence of the indigence of have been the obvious intent of those who enacted the the applicant. But this act gave to the Secretary of War same, that it is unjust and partial in its operations, as pro- the exclusive power of legislation, by authorizing him to viding only for one class of soldiers, and leaving unpro- decide without restriction the amount of property which vided for others equally meritorious and deserving. But the applicant might possess, and yet be in such indigent the construction now given to the same by the executive circumstances in contemplation of the law. The power officers of this Government is so rigid as entirely to sub- of deciding this should have been exercised by Congress, vert justice, and defeat the objects contemplated by Con- who should have specified the amount of property, theregress. I do not mean by these remarks to assail the purity by rendering the law precise and definite, and submitting of motives of the different Secretaries of War, whose duty as little as possible to the discretion of the Secretary of War. it has been to give a construction to this act. But I do And no man whose property shall exceed the sum of contend that, by their rigid construction in very many in- three hundred dollars in value, after the payment of his stances, the contemplated remedy has been defeated. debts, at the War Office is considered to require the asFirst. The Secretary of War has decided that those who sistance of his country, thereby virtually establishing the entered the service for a period less than nine months, principle that none except the inmates of almshouses, or and continued therein without an additional enlistment for those supported by private charity, are entitled to pena period in the whole exceeding nine months, are not em- sions. It is true that the heads of the War Department braced within the provisions of the act. This construction have professed to be influenced in their decision, on this operates most severely upon many, who, after the expira- point, by the age and infirmities of the applicant and his tion of a short enlistment, at the earnest request of their wife, the number of his family, &c., though they have officers, were induced to remain in the army until their never exceeded the sum above specified, with a single places could be supplied by others. And it may be ob- exception. One Secretary did decide that, if the unserved that the term enlistment is not used in the act. incumbered property of the applicant in value did not Secondly. It has been determined at the War Office that exceed 960 dollars, an amount which, at an annual interest those who enlisted for a period less than nine months, and of ten per cent. would produce yearly the amount of a during the same were taken prisoners, and remained in pension, he was poor, in contemplation of the act. But captivity until the whole term exceeded nine months, are this liberal rule, which reflected honor on its projector, not provided for under the act, though this construction was repealed by his successor within a few weeks after it is most rigid, as these men suffered from perils unavoida- was adopted. But even these different constructions are bly incident to their original enlistment. Thirdly. Ac-sufficient to prove that the Secretary of War, in his concording to the rule of the office, where the enlistments struction of the act, is entrusted with too unlimited a are several, in the whole exceeding nine months, though power. each one is for less than that time, the application must be When a revolutionary soldier applies for a pension at rejected. It is true that repeated attempts have been the department, he is required, in his schedule of promade in Congress to pass declaratory acts to give a more perty exhibited, if any changes have been made in the liberal construction to the pension laws, but without suc- same, to insert an account of his property on the 18th cess, though all have admitted that the Secretary of War day of March, 1818, the date of the pension act, and not had given them a severe and unreasonable interpretation. owned by him at the time of the application--a descripBut yet stronger objections exist to the rules adopted at tion of the property, the names of the persons to whom the War Office on this subject. I now refer to those point- disposed of, the time of sale, an account of the money and ing out the kind of proof necessary to make out service description of property received in turn-if the property in the revolutionary army, when the name of the applicant has been sold on execution, the certificate of the sheriff is not to be found on the army roll. In addition to the oath must be produced-the affidavit of the creditor, stating of the applicant, according to the statute, setting forth the the consideration of the debt on which the judgment was name of the line, regiment, and company to which he be- rendered--the application of all moneys must be proved longed, the time of his entering and leaving the service," the by a disinterested witness, &c. It is unnecessary for me, testimony of two disinterested witnesses must be produced, Mr. Chairman, to go further into the particular details of in every material point corroborating the declaration of this rule; on the face of it, it must be apparent that it is the applicant. Yes, sir, after a lapse of fifty years, the a hard one. In fourteen years the pecuniary circumstantestimony of two positive witnesses is deemed absolutely ces of men must materially vary. He who was in afflunecessary; even where there have been different services, ence may have become poor. Thousands have passed each for more than nine months, and separately proved through his hands. Can he correctly give an account of by a single credible witness, the claim is uniformly reject- them, and much less be able to produce the testimony ed, although, in courts of law or equity, in almost every of a disinterested witness to prove the disposition made conceivable case, the proof of one credible witness is con- of the avails of his property? There is no statutory prosidered sufficient to establish any fact if uncontradicted. vision sanctioning this rule. The act of 1823 permits And this rule operates the more severely from the great certain persons whose names have been stricken off the length of time. Many of the muster rolls of the revolu- roll by the act of 1820, to account for their property tionary army have been destroyed entirely; others have at the time, as appeared from the schedule exhibited. been obliterated by time. How seldom can competent Sir, the different heads of the department seem to have evidence be produced in such cases? It is true, when the adopted the principle that it is fair to presume that every soldier has retained his original discha ge, that, with proof applicant for a pension is actuated by a fraudulent intent, of his identity, is accepted, but seldom can such testimo- instead of the more humane and liberal one, that all men ny be offered. are to be presumed honest until the contrary shall have

VOL. VIII.-144

H. OF R.]

Revolutionary Pensions.

[MARCH 29, 1832.

been proven. I trust I have convinced the committee, the country, they rapidly depreciated in value, and the that, from the severe construction given to the existing necessities of the holders obliged them to pass them off pension laws, great injustice has been done to those who to speculators at one-sixth of their nominal value. come within the spirit of those laws. I shall now attempt | It is true that, after the organization of the present Goto show why the bill before us, which correctly is entitled vernment, these certificates were funded at a loss of "An act in addition to the act approved March eigh- about twenty per cent., but their long delayed payment teenth, one thousand eight hundred and eighteen," should had obliged the officers and soldiers who originally held become a law.

them to pass them away for a mere trifle. But this pitThe most important features of the bill now before the tance, small as it was, was much greater than the value of committee are-First. It grants pensions to all who served the currency which was received before 1780, while those in the war of the revolution, that is, to those who served who performed services other than military, or furnished nine months in the whole, a full pension, according to the supplies, received final settlement notes. It forcibly strikes provisions of the act of 1818; to those who served to the me, Mr. Chairman, that these facts most clearly prove that amount of six months, a pro rata pension; and to all who the soldiers of the revolution were most inadequately served in the aggregate two years, the amount of their compensated for their services, and that we still owe them full pay, provided the same should not exceed that of a a debt. What good cause can then be assigned why all captain in the line, including as well State troops, mili- who served in the war of the revolution should not retia, and volunteers, as those on the continental establish-ceive the benefit of the pension system-I mean all who ment, thereby abolishing a most odious distinction. Se- served a reasonable period? Many of the State troops condly. The oath of the applicant, stating the particulars served more than three years. The famous Rhode Island of his enlistment and service, made before the judge of brigade, which was raised in 1776, after the British invadthe district court of the State or Territory in which the ed and took possession of the island of the same name, applicant may reside, or the judge of any court of record served three years and a quarter. These troops were in the county in which he may reside, together with such raised for the defence of that State, and for other purother evidence as may be in his power to produce to the poses. Their services were accepted by Congress, who satisfaction of the judge, when duly certified by said judge commissioned their field officers. In many instances State to the Secretary of War, shall be received by said Secre- troops were called to fill the ranks of the continental tary as conclusive proof of the facts set forth in the de- army. They were fed and clothed by Congress. They claration of the applicant, and his name thereupon shall fought the same battles, incurred the same perils, sufferbe inserted on the pension roll. Thirdly. Poverty is not ed the same hardships, and received the same inadequate considered as a prerequisite to obtaining a pension. Per- compensation. Sir, who fought more bravely than the mit me here to remark, Mr. Chairman, that I consider the gallant corps commanded by Willet? or those led by the appeal of the soldiers of the revolution to Congress for heroic Marion, Sumpter, Shelby, and Clark? I would aprelief, as addressed to their justice, and not merely to peal to the history of the times for an account of their their liberality or munificence. It is founded on services services. Can it be justice to exclude from relief the faithfully performed, and inadequately requited by the small remnant of these bands? And why should relief be country, which, at the time, and long afterwards, was too refused to the militia and volunteers of the revolution? poor to make compensation according to contract. Let They were clothed and armed, not by Congress as regu us turn our attention to the situation of the country during lar troops, but by themselves. They received no bounher revolutionary struggle. She was almost entirely des- ties. It is true that they mostly were used for defensive titute of pecuniary resources, and sustained only by the purposes. They formed your flying camps; your minute patriotism and energy of her citizens. Never before was men. Their time and attention were occupied almost exa struggle maintained at such fearful odds, and with means clusively by incursions and alarms. Many of them served a so disproportioned. Hard money was almost unknown. portion of every year during the struggle. I would diIt is true that the officers and soldiers received nominal rect the attention of the committee to the memorial of the pay, but in substance little or nothing. The regular pay officers and soldiers of the volunteers and militia of New of the latter was $6 66 2-3 a month. Until 1780 this was Jersey, referring to the time when that State was the thea paid in depreciated paper money, of no established value. tre of war, and General Washington was flying before the It is not necessary, for my purpose, particularly to detail British army with less than three thousand men. In that the ruinous effects resulting from the continental money memorial is to be found a glowing, but I presume not a tʊo system so called. It originated from the exigency of the highly colored picture of the sufferings, privations, and times, and was not discontinued until more than two hun-sacrifices of the militia and volunteers of our country, dred millions had been issued. But suffice it to say, the Volunteers and militia gave the first impulse to our revosoldiers who enlisted for a term were compelled to receive lutionary struggle-they first spilt their blood at Lexing their pay in this currency, without reference to its depre- ton and Bunker's Hill. They captured Ticonderoga, and ciation. At one time, it fell to forty for one, to use the performed a series of gallant exploits in Canada, which language of that day; that is, to one-fortieth part of its reflected lustre on the American arms! Your militia and nominal value. The soldier who had served under an en-volunteers acted a conspicuous and glorious part at Benlistment of nine months, or a year, when discharged, was nington, Saratoga, Trenton, Princeton, Germantown, paid off in continental money, and not unfrequently the Monmouth, Brandywine, Eutaw springs, Guilford, Camwhole amount of his pay was insufficient to defray his ex- den, King's mountain, and indeed as auxiliaries in almost penses from the army to his home. I recollect, many years every important action during the war. There is a class since, somewhere reading one of General Washington's of revolutionary soldiers unprovided for by the present official letters, I believe directed to Congress, in which he law. I refer to those who enlisted to go to Canada in stated that the full value of the pay received by a field the fall of 1775. There is one whose case I will particu officer was not sufficient to furnish his horses with oats. larly mention. This man fought valiantly in the battle of After 1780, when this money had been called in, and ceas- Bunker's Hill. He afterwards enlisted in Captain Deared to be of even nominal value as a currency, the officers born's company, Arnold's regiment, and was one of that and men, in lieu of hard money, justly their due, were devoted band of patriots who penetrated through the wilcompelled to receive final settlement notes payable to the derness by the way of the Kennebeck river, to attack Quefirst holder, or bearer, drawing an annual interest of six bec. Sir, I have heard the old soldier relate his sufferings on per cent., but not paid. The Government had not the that memorable occasion. Their journey by day was across ability to redeem these; and, from the unsettled state of broad and rapid rivers, and through deep morasses and a