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Washington Potomac Bridge.

[FEB. 27, 1834.

or pocketed. As to the pension bills named by the gen- had received, as chairman of the Committee on Roads tleman from New York, [Mr. CAMBRELENG,] he, (Mr. V.,) and Canals, on the 11th of February, a communication with the exception of the invalid pension laws, had never from the Secretary of the Treasury, expressing a desire voted for a pension bill. He was not, therefore, to be that, as early a decision as possible should be had on the charged with the draft they had made upon the treasury. subject of the contract. He referred to the opinions of And if he had, it did not account for the five millions several distinguished engineers, who had given it as their spent in 1833 beyond the estimates; for, by turning to opinion that the bridge could never be constructed, on them, it would be found that, in the estimates of seven- the plan proposed, for less than $4,000,000. He referred teen millions for the year, there was an item of four mil-to the expense of a bridge lately constructed over the lions for pensions. That gentleman further accounts for Thames, opposite London, which had cost four millions. this excess, by saying it was expended in the Indian war If the House was prepared to act upon the subject, why waging on the frontiers of Ohio. Mr. V. said he had send it to the Committee on the District of Columbia? never heard before that there had been an Indian war during the last year, either on the borders of Ohio or any where else. This was a new and important discovery by that gentleman. When up before, he had said he presumed the chairman of Ways and Means could tell us what had become of these five millions; it was now apparent that he did not know, as, in the attempt he had made, he had wholly failed to inform us. He repeated again, that he wanted to learn where this leak in the treasury is. The motion to recommit was then agreed to-yeas 106, nays 101.

And the House adjourned.

THURSDAY, FEBRUARY 27.

ROBERT B. CAMPBELL, a member elect from South Carolina, in the place of Mr. SINGLETON, deceased, appeared, was sworn, and took his seat.

The House resumed the unfinished business, being the consideration of Mr. MARDIS's motion concerning the future place of deposite of the public money; and Mr. CLOWNEY having spoken till the expiration of the morning hour, without concluding his remarks, on motion of Mr. MARSHALL, the House proceeded to the orders of the day,

WASHINGTON POTOMAC BRIDGE.

Mr. CHINN, chairman of the District Committee, said that, if he consulted his own inclination merely, he should not desire the reference of this subject to the Committee on the District of Columbia. It was not on account of any zeal in favor of the contract which had been entered into that he had made the motion. He was not prepared to say that the contract was a proper one, to give any opinion as to the cost, or even as to the propriety of building any bridge at all. It would be remembered that, when the subject had been first proposed, his opinion had been in direct hostility to it. He thought, at that time, that the estimate submitted was wholly insufficient, and that the House were deceived in supposing the bridge could be constructed for any such sum. But the ques tion, at present, was, whether the bill should be referred to the District Committee. He was not disposed to be from the trouble of investigating the subject. But there tenacious, but would, on the contrary, rather be excused were other matters very important to the interests of the District, which were so connected with this, that decision upon them must be suspended until this subject should first be settled. If the uniform course of business in that House was to have any influence upon the present deci sion, it was very certain that this entire subject, from its first inception, almost until the present moment, had been in the hands of the Committee on the District. All the previous plans and appropriations, in reference to this bridge, had come from that committee. Why was it now to be taken out of their hands? When the gentleman at the head of the Committee on Roads and Canals had made

Mr. MERCER, from the Committee on Roads and Canals, moved to suspend the rules of the House, in order to take up and refer the bill reported from that committee, authorizing the construction of a bridge over the Poto-his call upon the President for a copy of the contract, he mac river, and repealing all other acts on that subject. The motion prevailed: Ayes 101.

Mr. MERCER then stated that he had not risen to renew the debate which had occurred on the same motion when originally made, but merely that the bill might be referred.

The CHAIR then stated that two motions had been made, and were before the House, for the reference of this bill: one to refer it to a committee of the Whole House on the state of the Union; the other to refer it to the Committee on the District of Columbia. The question would first be taken on referring the bill to the Committee of the Whole.

had understood from that gentleman that his only object in making the call was to ascertain what was the sum contemplated to be applied to this work. He had not had the least idea that his colleague wished to draw the subject out of the jurisdiction of the Committee on the District. Mr. C. again declared that he was not in favor of the contract in its present form, but he thought it due, as well to the contractor as to the people of the District, that both should be heard before the committee.

Mr. RENCHER, of North Carolina, said that he thought this subject belonged to the Committee on Roads and Canals. Were the reference now to be made for the first time, he should be indifferent whether it went to the Post Mr. MERCER explained at some length his reasons Office Committee, to the Committee on the District of for wishing that the bill should go to a Committee of the Columbia, or to that on Roads and Canals; but, since it Whole House. He desired to know whether it was the had gone to one of these committees, who had laboriously wish of the House that the contract which had been be- investigated the subject, and furnished to the House a bill gun, but not completed, for constructing this work of and report, it was now too late to object to the reference. stone, according to a plan which was professedly to cost A party who had lost his cause might as well object to the $1,350,000, but which would in reality cost from three to jurisdiction of a court after judgment was given. Besides, five millions, should be carried into effect. This was an the reference to the Committee on Roads and Canals inquiry equally important to the Committee of Ways and was in itself a proper one. The Committee on the DisMeans, as to the Committee on Roads and Canals. The trict were not entitled to draw to themselves all subjects contract bound the contractors to finish the work in two which happened to have their local habitation within the years: and if so large a sum as from three to five millions ten miles square, but only such whose nature was local. of dollars was to be drawn from the treasury in that time, Supposing a question were raised in reference to one of it was important that it should be understood. Mr. M. the post offices in the District, would it not go to the Post referred to other cases, where bills providing for works Office Committee? Must it go to the District Committee, of improvement of a local nature had been referred to a because the post office happened to be in the District? If Committee of the Whole on the state of the Union. He a question should be raised about some judicial proceed

FEB. 27, 1834.]

Washington Potomac Bridge.

[H. of R.

ing which had taken place in this District, would not its And, without derogating from the intelligence or perspiproper reference be to the Committee on the Judiciary? cacity of the Committee on Roads and Canals, it was cerAnd when the question, as at present, had reference to tainly possible that another committee, who had had the one link in the great chain of communication from north subject for years under their care, might chance to throw to south, why should that not go to the Committee on some ray of light upon it which had escaped the view of Roads and Canals? Were it in order to go into the merits that committee. Mr. F. here referred to the seventyof the bill at this time, it could be easily shown that the third rule of the House, and said, from that it appeared measure contained in the bill was a fit and proper one. that the jurisdiction of the other committee extended simMr. CHAMBERS observed that it was manifest, from ply to roads and canals. It was true a bridge might form the report and documents accompanying this bill, that the a part of a road; but to build a bridge and to make a road case was one which called for immediate action. The were distinct things. The subject might come within the House was now in possession of all the necessary informa- spirit of the rule, but certainly not within the letter. tion; and why should further delay be incurred by send- But it was within both the spirit and the letter of the rule ing the bill to the District Committee? For what were defining the duties of the District Committee. Without the standing committees of the House instituted? Was giving any opinion on the merits of the bill, he asked, as it not to collect and arrange facts, and to investigate those an act of justice, that it should be sent to the District details which were inconvenient to the House in its col- Committee for revision; nor would this involve any greater lective capacity? And, after one of the committees of delay than a reference of the subject to the Committee the House had done this, and submitted the result of of the Whole.

their labor, was the question then to be started, whether Mr. FOOT said, if the question now pending was, as another committee would not have been a more appro- he understood it to be, a motion to commit a bill reported priate reference? If the subject were now to be originally by one of the standing committees of the House, either referred, the case would be different. But the Commit- to a Committee of the Whole House, or to another standtee on Roads and Canals had had the subject, examined ing committee, he was surprised at the course of the deit, reported upon it, and brought in a bill. And why bate. The merits of the bill could not be discussed on any further delay in a matter confessed to be urgent? It this motion of reference. The object of rules of proceedhad been but last week that a question, involving the con- ing in deliberative bodies was always supposed to be to struction of the laws of Congress, had been sent to the expedite business, not to retard it. The only object in reCommittee of Ways and Means, and, though some might ferring subjects to committees was, to prepare the business, think this reference not the most appropriate in the and lay it before the House for its action. The Commitworld, yet the House had got a report, and nobody thought tee on Roads and Canals have made a report, accompanied of recommitting the subject. In the present case, the by a bill. The usual course, and, indeed, the necessary House had originally appropriated $200,000 to construct course, was to refer the bill to a Committee of the Whole, a bridge; on the strength of which, one of the depart- as it involved an appropriation of money; but the Comments had entered upon a contract which might incur a mittee of the District of Columbia insists on having this bill debt of two, three, or four millions of dollars. Ought referred to them, because they claim it as belonging more not such a negotiation to be arrested before it was con- appropriately to that committee, and they refer to the summated? The Secretary of the Treasury appeared to rules to show that it originally belonged to them. Supbe under the apprehension, that, in consequence of an pose it be so; is it worth a contest? A bill is prepared; appropriation of $200,000, he had the power to bind a detailed report accompanies it; it is ready for the action Congress to pay ten times-twenty times that sum. It of the House; and of what importance is it from what was time for the House to interfere. The contract spoke committee it comes? The only object of pointing out the of $1,350,000, but the opinion of experienced engineers duties of the several committees in the rules, is, to indicate [Here the CHAIR reminded the gentleman that it was not at once the proper reference of memorials or other subin order to go into the merits of the subject.] Mr. C. jects, to prevent any confusion. He hoped, without fursaid that he should not do so; he only wished to urge ther debate, the bill would be referred to the Committee these facts as arguments for immediate action. of the Whole. If the Committee on the District, or any Mr. FILLMORE, of New York, adverted to the past member of the House, did not approve of the bill as rereference of this subject to the Committee on the Dis- ported, it would be in their power to move any amendtrict, and inferred either that the reference had been im- ment they pleased to the bill; and the Committee on the proper, or that the late jurisdiction of the subject to the District might then propose any other bill as a substitute Committee on Roads and Canals was so. He quoted the for this. He wished the question might be taken, and sixty-second rule of the House (which relates to the du- the bill referred to the Committee of the Whole, without ties of the District Committee) to show that this subject consuming any further time in this unprofitable discussion. was appropriate to them. It had, indeed, been argued Mr. STODDERT, of Maryland, was in favor of referthat the locality of a subject did not determine its nature, ring the bill to the District Committee. That commitand the gentleman had instanced the Post Office as an il- tee had memorials before them, a due consideration of lustration. But there was no analogy; for, though the which demanded an extensive survey of the interests of General Post Office was located in the District, its opera- the District, and called for a regular systematic appropritions extended throughout the Union. But it was not so ation, proportioned to their relative importance. But, with this bridge. It was, indeed, very true that a travel in addressing themselves to the duties before them, the ler who passed over it might have come from the North, committee had found the unsettled question, in reference and gone to the South, and, in that sense, might find the to this bridge, an obstacle in their way. Until that was bridge a link in the chain of his communication; but the settled, no systematic action could be adopted. It had same thing might be said, with equal truth, of Pennsyl- been the intention of the committee to make the same call vania Avenue; yet the improvement of the avenue had on the President which had been made by the chairman been referred to the Committee on the District. There of the Committee on Roads and Canals; and, when that seemed to be some unreasonable apprehension on the call had been made, the committee had waited for the part of the Committee on Roads and Canals, as if they reply, expecting, as a matter of course, that it would be thought that the other committee were likely to be more referred to them. But it was evident, from the face of profuse of the public money than themselves. Such an ap- the bill now reported, (especially from the second section prehension was wholly unfounded. Why should gentle of the bill,) that the gentleman had directly invaded the men be apprehensive of not getting the fullest information? jurisdiction of the District Committee. That section ap

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Washington Potomac Bridge.

[FEB. 27, 1834.

propriated money for the bridge. Now, the District Com-his consent to the appropriation of one million three hunmittee had before them a memorial praying for pecuniary dred and fifty thousand dollars. relief on the part of the District. The committee might Mr. WARDWELL thought it would be better to inhave thought it proper to report against the construction quire how this subject had come before the Committee of any bridge at this time, but they were now precluded on Roads and Canals. A resolution had been offered, he from doing so. If $1,350,000 was to be spent on this bridge, believed, by the chairman, calling on the President to lay the District Committee ought to have had at least the lo- before Congress information in relation to contracts for cation of it. They had before them a memorial from the building this bridge. The President had responded to city of Alexandria, praying for aid in the construction of the call, and had reported the different propositions their aqueduct. Now, it was possible that twenty or thirty which had been inade. The bid of one million three thousand dollars might be saved by combining the aque- hundred and fifty thousand dollars had been the lowest duct and the bridge; but this was prevented, and the com- of these. When that communication had come into the mittee were arrested in their plan of reporting bills for House, the same gentleman had moved its reference to the benefit of the District. Mr. S. was opposed to this his committee. Gentlemen all knew how these referpiecemeal legislation. This bridge formed one branch of ences were usually made; very much as matters of course, the general system of subjects referred to their action, and attracted little notice. He presumed the chairman and the present interference went to break in upon the of the District Committee had not then been in his place, chain which connected them. He was prepared to say, or had not noticed the occurrence. on behalf of the District Committee, that the subject would suffer no delay in their hands.

Mr. CHINN here explained. He had been fully aware of the reference, but had expressly understood Mr. WILLIAMS, of North Carolina, said he had never from his colleague [Mr. MERCER] that he only wanted known a motion thus to refer a bill, reported by one the communication to get at the sum mentioned in it. committee, to another of co-ordinate jurisdiction. The Mr. MERCER made some reply, which was inaudible committee had acted, considered, reported, and brought to the reporter.

in a bill. Was any objection made to the report? Was Mr. WARDWELL resumed: The committee had, any fault found with the policy of the measure? He had however, taken upon themselves to report a bill. He heard none. If any such objections existed, let them be thought the President's communication ought to have brought forward, and openly discussed in the Committee gone to the District Committee; but as it had not gone of the Whole. He could consider it as none other than there, and as the other committee had reported a bill disrespectful to the Committee on Roads and Canals to which they were not called upon to report, he thought make such a proposition. He charged no such design on the whole subject should still go there. Within the Disthe gentleman, [Mr. CHINN,] but such was undoubtedly trict, Congress had exclusive control; and improvements the effect. The subject was manifestly appropriate to within those limits ought to go to that committee pecuthe Committee on Roads and Canals. If it were proposed liarly charged with the interests and welfare of the peoto make a bridge in Arkansas, or in Michigan, would any ple of the District, and before which they were in the gentleman propose to refer the subject to the Committee habit of appearing, presenting their grievances, and staon the District of Columbia? Surely not. He was una- ting their wants.

ble to see why building a bridge in the District of Colum- Mr. STEWART said, it was not very material to him bia more belonged to this committee than to the other. to which committee the subject went; but, inasmuch as It was building a bridge in both cases, and the reference one committee had already reported, he thought it would would be as proper in one case as in the other. be best to refer the bill to a Committee of the Whole.

Mr. MCKENNAN disclaimed any intentional disrespect Then the members of the District Committee could state to the Committee on Roads and Canals, and particularly all their objections, and could propose any amendments to the chairman of that committee. He was induced to they might think desirable. But he had risen principalmake this disclaimer, because he had learned that some ly for the purpose of stating a fact. The House were remarks which had fallen from him when this subject already informed that the President had issued propo was up on a former occasion had been understood as sals for the bridge, and that offers had consequently evincing some such feeling. It had not been his inten- been made. One proposition had been adopted, but had tion to charge that committee with occasioning any wilful subsequently been given up. Then another proposal delay on this subject. [Mr. McK. here quoted the rules, had been made by a Mr. Dibble, and accepted. and argued the question of jurisdiction.] In reply to the This gentleman had called on the Secretary to get the gentleman from North Carolina, [Mr. RENCHER,] who had instrument executed. The Secretary had told him that urged, by way of illustration, that subjects of a judicial he could not sign the contract then, but that Mr. D. nature within the District went not to the District Commit- might go on and make preparations and provide materials. tee, but to the Committee on the Judiciary, he would The contractor had accordingly done so, and had the take the liberty of reminding that gentleman, that, in a last evening informed Mr. S. that he had disbursed one very marked case, the practice had been otherwise. The hundred and twenty thousand dollars in the purchase of subject of a code of laws for the District had again and materials, and was still going on. It was, therefore, very again been referred to the District Committee. important that the House should decide without delay, In reply to another gentleman from North Carolina, and either sustain the contract or rescind it. A reference [Mr. WILLIAMS,] he must refer to the seventieth rule of to the District Committee must produce delay. The man, the House; from which it would appear that the Commit- in the mean while, would go on to spend more and more tee on the Territories were excluded from the jurisdic- money, and then the House would be called upon to intion of such subjects as constructing bridges and making demnify him.

roads. This whole subject had originated in the Com- Mr. McDUFFIE said that, if this were a mere point -mittee on the District. To them had gone the subject of of jurisdiction, or a point of honor, between two of the Macadamizing the Avenue, and cleaning out the channel committees of the House, he should deem it very immaof the Potomac, without any counter claim from the Com-terial which way it was decided. But it had occurred to mittee on Roads and Canals. The same observation him, from the commencement of this debate, when he obwould apply to the road from Georgetown to the chain served the zeal with which the contest was carried on, bridge. As to the sum proposed to be appropriated, he that there must be more in it than met the eye; and he might not, perhaps, differ very much from those who re- now discovered, to his infinite alarm, that the President ported the bill; certain it was that he should never give of the United States, on the faith of an appropriation by

FEB. 27, 1834.]

Washington Potomac Bridge.

[H. OF R.

that House of two hundred thousand dollars, had gone| The CHAIR here interposed, and pronounced Mr. MERon and pledged the faith of this nation for one million CER not to be in order. This was going into the merits of three hundred and fifty thousand dollars. Now, if the the subject. design of gentlemen was to ratify this sporting with the public faith, that House was called upon, by every sacred consideration, to protest against any such purpose; and not to lend it even the momentary sanction that might seem to be implied, in referring the present bill to the Committee on the District.

Mr. WAYNE said that if the facts were as the gentleman from South Carolina supposed them to be, the House might have been indebted to him for his remarks. But the gentleman had collected his information from statements made here, which he no doubt believed to be correct, but which were not so, in point of fact. At the last session, when the appropriation for this work had been made, a communication had been received from the President that he had adopted the plan of making the upper works of the bridge of wood. But before he invited contracts for the work, he submitted the plan to Congress for the necessary appropriations. It was true that, in the meanwhile, difficulties had occurred, and another plan had been submitted for constructing the whole bridge of stone. This latter had been adopted, but the Secretary of the Treasury had informed them that no change had been made beyond the letter of the law of the last session. With a view to show that the President had not determined that more money should be expended than the law allowed, he would ask the attention of the House to a report made by the Secretary of the Treasury to the President.

[Mr. W. here read from the report.]

Mr. MERCER contended that it was strictly in order to state these facts, in hopes to make the House sensible of the necessity of prompt action; and this was a fair argument for referring the bill to a Committee of the Whole, without first sending it, as proposed, to the Committee on the District of Columbia.

The CHAIR said in that view it was admissible.

Mr. MERCER resumed. His colleague [Mr. CHINN] had said that he understood Mr. M's. only motive in wishing the President's communication referred to the Committee on Roads and Canals to have been that he might learn the amount the bridge was to cost. Now, he put it to his colleague, if, after having discovered the real state of things, that committee was not in duty bound to take immediate measures to put a stop to such a procedure? A gentleman from New York [Mr. WARD WELL] had intimated that the committee had no right to report the bill they had reported.

Mr. WARDWELL explained. He had only said that, when the subject was referred to the Committee on Roads and Canals, they had not been called upon to report a bill. Mr. MERCER: Very true; but the gentleman ought to know that every standing committee of this House has a right to report on any subject referred to them, “by bill or otherwise." How else than by a bill could the House interfere to limit this expenditure? If the House will go on to sanction this, I am done. I am functus officio, and will gladly return to the station of a private member. It will be useless to labor in my present station, because this From this, it appeared that the contract had not been one source of expenditure will ingulf all the resources signed, but the plan had been examined and the esti- that ought to be distributed on the various works of inmates approved. He was glad that the whole subject ternal improvement. As to the object of erecting a bridge, had been brought before the House for revision; and, as I am perfectly friendly to it. If the District Committee the whole of the requisite information was now before have any thing to object to the measure as proposed in them, and as it was important that they should act speed- the bill, let their objections be brought forward, heard, ily, he hoped the subject would be permitted to remain and considered. where it was. Mr. M. concluded by vindicating himself for having Mr. STEWART said he had made no imputation on voted for the original appropriation for this bridge. When any body, and had cast no blame in any quarter. Mr. WAYNE replied, that he had not accused the tleman of doing so.

he had done so, he had no knowledge that the work would gen-cost more than the $200,000 appropriated. The President said he had examined the plan for a bridge of wood and a bridge of iron, and that $60,000 was too little. Mr. M. had thought $200,000 quite sufficient. The present bridge had been built for $99,000, and the bill appropriated $130,000.

Mr. STEWART said that the gentleman from Georgia seemed to doubt the fact that he had stated. The statement he had laid before the House, he had himself received from Mr. Dibble's own mouth but the evening before. Mr. WAYNE said it was all true, but the expendi ture had been within the amount of the appropriation.

Mr. MERCER said he owed it as an act of justice to the gentleman from Pennsylvania, [Mr. STEWART,] to read to the House what the gentleman from Georgia [Mr. WAYNE] had not had time to see, inasmuch as he had just cut the leaves of the document.

Mr. WAYNE: 1 knew it all ten days ago. Mr. MERCER continued. The House would remember that the present Secretary of the Treasury was not in office when the appropriation had been made. In this document, Secretary Taney reported to the President what he had done, and went on to state as follows:

"The plan proposed by Mr. Dibble was deemed by you [the President of the United States] preferable to the one before adopted, and the proposed changes approved. And, as no doubt was entertained of your right to sanction the modification proposed in the original plan, and to accept a bid more favorable to the United States than any before made, you informed Mr. Dibble that his plan would be adopted, and his offer accepted, upon his entering into the proper covenants, and giving security for their perform ance to the satisfaction of this Department; and that, in the mean time, he might begin to make his preparations for the commencement of the work."

VOL. X-177

The CHAIR here again checked Mr. M., as going into

the merits.

Mr. CHINN said there was no subject on which he was not prepared to yield to the more extensive knowledge, the longer experience, and the greater economy of his colleague, [Mr. MERCER,] but one, and that was expenditure on any object whatever. One obligation he was not afraid to assume, and that was, that, on any subject submitted in common to them both, his own appropriation would be less than his colleague's. He was no more in favor of delay than the gentleman from Pennsylvania, [Mr. STEWART.] What had the Secretary done? Had he anticipated the action of that House by signing the contract referred to? No such thing. He had refused to sign it, and had expressly notified the contractor to go no farther in his expenditures. If, then, Mr. Dibble went on spending more money, he would do so in his own wrong. Delay would not increase the expense one dollar; for the Secretary had done all he could do to prevent it.

The question was now taken on referring the bill to the Committee of the Whole on the state of the Union, and carried: Yeas 103, nays not counted.

REVOLUTIONARY CLAIMS.

The House proceeded to the consideration of the fol

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Revolutionary Claims.

[FEB. 27, 1834,

lowing bill, reported on the 30th January, by the Com- gentlemen to pause before they proceeded to provide, by mittee on Revolutionary Claims: presumption, for satisfying claims of any character, from any quarter.

A BILL to provide for the settlement of certain revolutionary claims.

Mr. P. said he was not insensible of the advantages with Be it enacted, &c. That it shall be lawful for all persons having which the bill now under consideration came before the claims to the commutation of five years' full pay, in lieu of half- House. It came, as he understood, with the unanimous pay for life, promised to certain officers of the revolutionary army, approbation of a committee entitled to the most entire or to the seven years' half-pay promised to the widows and children of continental officers dying in the service during the revo-respect; and it related to services, the very mention of lutionary war, to present their claims aforesaid, with the evidence which moved our pride and our gratitude. They were thereof, at any time before the first day of July, eighteen hundred services beyond all praise, and above all price. He spoke and thirty-nine, to the Secretary of the Treasury, who is hereby of the revolutionary services generally. But while warm authorized and required to receive and examine said claims, and, and glowing with the glorious recollections which a recurupon the proofs furnished by the claimants, and such other rence to that period never fails to awaken; while we cherevidences relating to the subject as the public records may exhibit,ish with affection and reverence the memory of the brave to allow or reject them.

Sec. 2. And be it further enacted, That the said claims shall be adjudged and determined upon principles of equity and justice; that the Secretary of the Treasury may prescribe the form of authenticating the evidence to be adduced in their support; and that, in deciding upon them, the following shall be regarded as fixed principles:

1st. It being established that an officer of the continental line was in service as such on the twenty-first of October, seventeen hundred and eighty, and until the new arrangement of the army provided for by the resolution of that date was effected, he shall be presumed, unless it appear that he was then retained in service, to have been reduced by that arrangement, and therefore entitled to half-pay for life, or the commutation in lieu of it.

2d. A continental officer proved to have remained in service after the arrangement of the army under said resolution of October, seventeen hundred and eighty, shall be presumed to have served to the end of the war, or to have retired entitled to half-pay for life, unless it appear that he died in the service, or resigned, or was dismissed, or voluntarily abandoned an actual command in the

service of the United States.

3d. A continental officer who died during the war, and within three months after he is proved to have been with his command, shall be presumed to have died in the service, unless the contrary

appears.

men of that day, now no more; while we would grant, most cheerfully grant, to their heirs all that is justly due; and while we do extend to those who still survive our grateful thanks, and our treasure also, he trusted we should not, in the full impulse of generous feeling, disregard what was due from the gentlemen composing this House as the descendants of such men.

What, then, sir, (said Mr. P.,) are the objects to be answered by the bill, and what are its provisions? The general object is plainly and briefly stated in the introduc tion of the committee's report. They say:

"Finding many petitions before them asking the com. mutation of five years' full pay, promised by the resolution of Congress of the 22d of March, 1783, to certain officers of the revolutionary army, they have been induced, by several considerations, to present to the House a bill; the object of which is, to remove these and some other similar claims from the action of the committee and of Congress, and have them settled at the Treasury Department."

Mr. P. would not be disposed at any time, much less was he disposed now, when so much was said as to the 4th. An officer of the line shall not be considered as forfeiting tendency of power, and of patronage, and of responsibility or resigning the half-pay or commutation belonging to his rank to the Executive, to cast from us any duties which have from the fact of being transferred to the staff or commissary de-been performed, or any responsibilities which have hitherto rested here, unless the reasons for such transfer shall appear obvious and conclusive.

partment.

5th. Any omission in the rolls or returns of the revolutionary army may be supplied by satisfactory proof.

Sec. 3. And be it further enacted, That in every case where commutation or seven years' half-pay shall be allowed, such interest shall also be allowed thereon as would have accrued and been payable if certificates had regularly issued and been subscribed under the act of August, seventeen hundred and ninety; that all sums allowed under this act shall be certified by the signature of the Secretary of the Treasury, and shall be paid out of any money in the treasury not otherwise appropriated by law.

It was more than fifty years since the passage of the resolution referred to by the committee as the foundation of commutation claims. The subject of making suitable provision for the officers of the army of the Revolution was one of the deepest and most intense interest, not only to the officers themselves, but to the country generally, from 1778 down to the passage of the commutation resolve of 1783. Mr. P. apprehended that individuals, having subMr. PIERCE, of New Hampshire, thanked the House stantial claims against the Government, did not often for having kindly deferred, on the suggestion of his indis- remain long in ignorance of the fact; and he was curious position, the consideration of the bill which had just been to know how it happened that these claims had slumbered read; and he felt under particular obligations for the gene- during the whole of this period. Considering the frerous courtesy manifested on that occasion by the gentle; quency and earnestness with which the subject was urged man from Virginia, a friend of the bill, [Mr. MASON,] upon upon Congress by the Father of his Country, and the anxhis right. He had expressed, the other day, when moving iety with which it was regarded by the officers themselves, the postponement of the bill, his conviction that it had it was not to be presumed that any were so listless as to been passed to a third reading without having received all remain in the dark with regard to their own rights. In the consideration due to its importance. That conviction his judgment, it was reasonable to suppose that the numhad been strengthened by further examination and subse- ber of legal and just claims would, by this time, have been quent reflection. Nothing, however, but a sense of what so far diminished, as to leave little for the action of Conlie conceived to be his duty as an humble member of thatgress or of any department. body, could have induced him to arrest its progress then, Since, however, that which might naturally have been or now to ask, for a few moments, the indulgence of the expected to occur seemed not to have obtained in this House. He should be brief in his remarks, having nothing particular instance, he knew not that he should have to say for political effect, or for home consumption; but, raised any particular objections to sending the claims to with the opinions he entertained of the bill, he should do the Treasury Department, provided they were to go there injustice to himself did he permit it to pass sub silentio, relying upon their merits, and depending for their allowfeeble and unavailing as his voice might prove. He had ance upon evidence ordinarily required of revolutionary hoped that its importance, and the new order of things to services, and not upon presumptions. If the bill did not be had under it, would have called up some gentlemen embrace the rules that are to be regarded as fixed prinwhose experience and whose reputation might have insured ciples, and to which he trusted he should be able to satisfy general attention. He had waited to the last moment, and the House there were strong, if not insurmountable obwaited in vain; and now, upon its passage, he called upon jections, it would still be exceptionable. He understood