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JAN. 24, 1828.]

Surviving Officers of the Revolution.

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page and clothing, that were furnished to the soldiers out deration. The promise was most solemnly and delibeof the public arsenals; and because the soldier often re-rately made: the consideration for it was ample, and most ceived besides liberal bounties, both at home and from honorably performed by the officers; and yet, on the part Congress. of Congress, its stipulations have, in my opinion, never, to this day, been equitably fulfilled. As to the binding effect of the compact on Congress, nobody can pretend to doubt. I shall, therefore, not waste a single moment in the discussion of that point. But I admit that the officers were first bound to perform the condition faithfully, of serving to the close of the war, however long or disas. trous. Did they do it? History and tradition must convince all that, through defeat as well as victory, they clung to our fortunes to the uttermost moment of the struggle. They were actuated by a spirit and intelligence, the surest guarantees of such fidelity. Most of them had investi gated, and well understood, the principles in dispute, and to defend them had flown to the field of battle, on the first alarm of war, with all the ardor of a Scottish gathering, at the summons of the fiery cross. And it is not poetry, that one of my own relatives, an officer long since no more, when the alarm was given at Lexington, left, for the tented field, the corpse of his father unburied: "One look he cast upon the bier,

Let it then be distinctly understood, that, notwithstanding this disparity against the officers, no such losses or depreciations form any part of the foundation for this bill. A moment's attention to the history of that period will show the true ground of the appropriation. After this imequal pressure had continued nearly three years after the officers had sustained their spirits during that trying period under such disadvantages, by the force of those principles that led them at first to join in the pledge to the cause, of "their lives, their fortunes, and their sacred honor," after their private resources had become nearly exhausted in supplying those wants their country was unable rather than unwilling to satisfy, there arose a state of things which led to certain proceedings by Congress, in relation to half pay.

The prospect had nearly vanished, that any honorable accommodation could be effected with the parent country. The contest seemed likely to become more severe, and to be protracted for many years; and it was obvious that many of the officers, thus impoverished and disheartened, must actually resign in order to provide themselves with decent clothing, and to maintain their families, and secure any subsistence for advanced life, or that they must receive some assurance of future indemnity, if they continued in service, and abandoned every thing else to sink or swim with the military destinies of their country. It was then that the resolve of May 15, 1778, granting half pay, for only seven years, to all who continued in service till the close of the war, was passed.

Dashed from his eye the gathering tear," and hastened to devote his own life to the salvation of his country. In the same duty-in performing their part of the compact, to serve faithfully to the close of the war, these petitioners endured the frosts of winter, often half sheltered, badly fed, badly clothed, and badly paid. God forbid that I should exaggerate. The naked truth is stronger than any coloring of fancy. We have the authority of their commander, that they were, at times, in such a condition as to be unable and ashamed to receive their This short period of half pay was dictated rather by the friends; but never, I believe, loth to face their enemies. wants of Congress to provide a longer one, than from an Their paths were sometimes marked by their blood-their impression that it was, in truth, sufficient, or in accord- courage and constancy tried by frequent alarms, by amance with any similar system in the armies of Europe. buscade, and the pitched battle, but they never falterHence, a committee, May 24th, 1779, reported a reso-ed: and when, towards the close of the war, neglect on lution, allowing half pay for life to the same class of officers, and justly grounded it on the great risks they were called to encounter, on their great sufferings and sacrifices of youth, ease, health, and fortune, in the cause of their country. But the want of resources in Congress induced them to postpone the subject, and, on the 17th of August, 1779, to urge upon the respective States the expediency of adopting such a resolution, and of pledging for its fulfilment their State resources. The power of the States wer those resources was much more effective than that of the confederation over the States But such were the general gloom and despondency of the times, that not a single State except Pennsylvania complied with the recommendation. The currency continued to depreciate more and more, daily the officers, in many instances, were utterly unable, by their whole pay, to procure decent apparel: treason had penetrated the camp in the person of Arnold: Charleston had been surrendered: Lincoln captured: Gates defeated at Camden: the South ern States overrun by Cornwallis: our soldiery had become discouraged: and the great military leader of the Revolution had become convinced, and had urged with his usual energy upon Congress, that the adoption of this resolution was almost the only possible method of retain ing the army together. Under such appalling circumstances, Congress passed, on the 24th of October, A. D. 1780, the resolution, which I will now take the liberty to

the part of Congress, as to their monthly wages, might have justified, under most circumstances, disquiet and distrust; and when, at Newburg, they were tempted with the insidious taunt, that if, relinquishing their arms, and retiring home with the promises made to them unfulfilled, they would "go, starve, and be forgotten;" yet they disbanded in peace, and expressed their "unshaken confidence in the justice of Congress."

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"Resolved, That the officers who shall continue in the service to the end of the war, shall also be entitled to half pay during life; to commence from the time of their reduction." (1 U. S. Laws, 688.)

This, with one or two subsequent resolutions, explaining and modifying its provisions as to particular persons, constitutes the great foundation of the bill under consiVOL. IV.-9

Washington himself declared, in substance, that, by means of this resolve, the officers were inspired to make renewed exertions; to feel a security for themselves and families, which enabled them to devote every faculty to the common cause; and that thus was an army kept toge. ther, which otherwise must have dissolved, and we probably have been compelled to pass again under the yoke of colonial servitude.

For all this fidelity to the performance of their part of the compact, the officers have been duly thanked by many Congresses, and applauded by the world. They have occupied a conspicuous niche in toasts, odes, and orations, and some of them have animated the canvas, and breathed in marble.

But has the promise to them of half pay ever been ei ther literally or substantially fulfilled? That, sir, is the important question. I answer not literally, by any pretence, from any quarter. No half pay, as such, has ever, for any length of time, been either paid or provided for one of the petitioners. Almost as little, sir, can there be a pretence that it has been substantially fulfilled. No kind of fulfilment has been attempted, except in the commutation act, passed March 22d, 1783.

That act grew out of objections, in some of the States, to the systein of half pay as a system, because not strictly republican in theory, and because every thing of a pension character had become odious by its abuse in some Go

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Surviving Officers of the Revolution.

vernments, in the maintenance of hirelings who had performed secret and disreputable services.

Some of the officers, being anxious to remove any formal objection, petitioned Congress for a commutation or change in the mode of indemnifying and rewarding them. No opposition had been made to the amount or value of the half pay, and, therefore, as appears in the commuta. tion act itself, the officers expected, if a change took place, a full equivalent" in value to the half pay for life. [Mr. W. here read the act from 1'U. States' Laws, 687.] But, instead of such an equivalent, Congress gave, by that act, what was far short of an equivalent, whether we regard tie particular ages at that time of these petitioners, or their average age with the other officers, or the period they have actually since lived: Congress gave only five years' full pay to the youngest in the line, and just as much to the eldest; treating the officer of 25 as not likely to live any longer than him of 70; and subjecting the former to take for his half pay, which he was entitled to for his whole life, of probably 35 years, the same small sum bestowed on him not likely to live over 10 or 14 years. If we look to the average age of all the officers at that time, the commutation was still inadequate. That age was probably not over 30: none have pretended to consider it over 35; and on all observations, in similar climates, and all calculations of annuity tables, such persons' lives would be likely to extend beyond 30 years; and thus their half pay for life be, on an average, worth the gross sum, in presenti, of at least seven 'years' full pay. Any gentleman can test the general accuracy of these results, by a reference to Price's Annuity Tables, and to Milne on Annuities. in England, Sweden, and France, it will be seen that a person of 30 years of age is ascertained to be likely to live 34 more and of 35 years of age, to live about 28 more. An annuity for 34 years is worth a fraction more than 14 times its annual amount, if paid in a gross sum in advance; and one for 28 years, only a fraction less than 14 times its annual amount. So that seven years' full pay is as near a fair commutation for the half pay for life, taking their average ages, as can well be calculated, or as is necessary for the present inquiry.

Again: If we advert to the real facts, as since develop ed, these petitioners, had the commutation act not passed, or not been at all binding, would now receive twenty two instead of five years' full pay, as they have survived, since the close of the war, over 44 years.

Congress, as if conscious that the pressure of the times had driven them to propose a substitute for the half pay for life, not in any view, sufficient or equivalent, as regarded the younger officers, who alone now survive and ask for redress, provided in the commutation act, not that rach officer might accept or reject it at pleasure, but that it should take effect, if accepted within certain periods not exceeding six months, by majorities in the several lines of the army. The most influential officers in any fine are of course the elder and superior ones. To these, as a general rule, five years' full pay was a fair equivalent; and by their exertions the commutation was accepted by majorities in most of the lines, and no provision ever afterwards made for such officers as were either absent or present, and dissenting

No evidence can now be found, however, of any accept ance, even by majorities, in any of the lines, till after the ex. piration of the six months prescribed. But a report of the Secretary of War, dated Oct. 31, 1783, (8 Journals of Congress, 478,) enumerates certain lines and individuals, that had then signified their acceptance. It would be difficult, as might be expected, to find among the indivi duals named one who still survives. Those, then the youngest and now surviving, must have felt deeply the nequality proposed; and if most of them had not been absent on furlough, by a resolve of Congress, after peace

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was expected, probably even majorities in the lines would never have been obtained. The certificates were made out for all, without application, and left with the agents no other provision was made for those entitled to half pay and it remained with the younger officers to receive those certificates or nothing.

But it is most manifest that Congress had no legal right to take away from a single officer his vested half pay for life, without giving him a full equivalent; or, to say the least, what the officer should freely and distinctly assent to, as a full equivalent. It would be contrary to the ele mentary principles of legislation and jurisprudence; and a majority of the lines could no more bind the minority on this subject of private rights of property, than they could bind Congress or the States on questions of politics This point need not be argued to men, who, like those around me, have watched the discussions and decisions in this country the last quarter of a century. But no such individual assent was asked here: it was indeed declared to be useless for any minority of individuals to dissent the commutation not having been in any view a full-equi valent, individual assent cannot fairly be presumed. The subsequent taking of the certificates was merely taking all that was provided, and all they could get, without any pretence that they took it as a full and fair equivalent. And hence it follows that, on the lowest computation, two years' more full pay are necessary to make any thing like a substantial fulfilment of the compact on the part of Congress. In truth, 20 years more would be less than the petitioners could rightfully claim now, if the commutation act had never passed; or if the position was clearly esta blished that the commutation act, as to them, was, unde the circumstances, entirely null and void. To say tha such a transaction, resorted to under the pressure of the times, and finding no apology except in the security and necessities of that pressure, should not be relieved agains when the pressure is over, and our means have becom ample, is to make a mockery of justice, and to profan every principle of good faith.

But consider a little farther the history of those pro ceedings, on the supposition that the five years' full pay was an ample equivalent to all. Was it either paid or se cured to them in such manner as to become any thing like a substantial fulfilment of the promise? Though the act allowed Congress to give the officers money or secu rities, and though, these last might be in the form pre scribed for other creditors, yet the act contemplated giv ing them money or money's worth, else it doubly violated the former engagement to give them half pay for life The very nature of half pay, or of any commutation fo it, implies that it should be actually paid, or so secured a to raise the money whenever it becomes due. They wer here intended as means for immediate maintenance o business to those who, by peace, would be thrown out their accustomed employment and support. This is to plain for further illustration; and, in conformity with thes views, Congress forthwith effected a loan in Europe, an paid in money all the foreign officers entitled to the com mutation. But how were the petitioners treated? The did not obtain a dollar in money, and even their certif cates were not delivered till six or nine months after the right to half pay accrued ; and when received, so far from being secured by pledges or requisitions rendering ther valuable as money, the officers could not obtain for ther in the market over one-fifth of their nominal amoun The receipts given for these certificates truly omitted state that they were in full payment of either the commu tation or the half pay. By such means, these petitioner to supply the then existing wants of themselves and fami lies, which was the legitimate object of both the half pa and its commutation, in fact realized only one instead five years' full pay, or only two years half pay instead half pay for life.

JAN. 24, 1828.)

Surviving Officers of the Revolution.

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If this was a substantial fulfilment of the promise to rity; and where the debt itself was, as in the present them, I think it would be difficult to define what would case, the price of blood lavished for the creditor, the have been a defective, delusive, and unsubstantial fulfil- wages of those sufferings and toils, which secured our ment. But it has been suggested, that the petitioners present liberties, and fill the brightest page of glory in might all have retained their certificates till afterwards our country's history. The great military leader of the fanded, and in that event have escaped loss. Can gen- Revolution has given his sanction to this measure, in the demen, however, forget that the very design of half pay strongest terms, when, calling to mind the lion hearts, and was to furnish daily food and raiment, and not a fund to eagle eyes, that had surrounded and sustained him in all be deposited in bank for posterity and that, though the his arduous trials, and reflecting that they, not soldiers by use of a portion of it, if all had been pal at once, might profession, nor adventurers, but citizens, with tender ties have been postponed to a future period, yet their neces of kindred and friendship, and with cheering prospects in sities utterly forbade most of them from not resorting, civil life, had abandoned all to follow him, and to sink or farthwith, to a single year's pay, which was the entire swim with the sacred cause in which he had enlisted, he value of the whole certificate? It is another part of the invoked towards them the justice of his country, and exdistressing history of this case, that if, on the contrary, pressed the fullest confidence, that “a country rescued by every officer had retained his certificate till funded, his their arms will never leave unpaid the debt of gratitude loss on it would have been very near one-third of its It is not to be forgotten, that a measure like this would amount. But on this point I shall not dwell, as its parti- remove a stain from our history. Its moral influence on culars are more recent and familiar. It will suffice to re- our population, in future wars, for wars we must expect, call to your minds, that the provisior-made for the pay- again and again; its consonance with those religious as ment of these certificates in A. D. 1790, was not by mo-well as moral principles of perfect justice, which, in a ney, nor virtually to their full amount, but by opening a Republic, are the anchor and salvation of all that is valuloan, payable in those certificates, and a scrip of stock able its freedom, I trust, from political prejudice and given for them on these terms: one third of the principal party feeling-all strengthen the other reasons for its was to draw no interest whatever for ten years; and all speedy adoption. the interest then due was to draw thereafter only three per cent. Without going into any calculations of the value of different kinds of stock, under different circum stances, it is obvious that such a payment or security was not worth so much, by nearly a third, as the money would have been worth, or as scrip would have been worth for the whole then due on six per cent. interest.

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Nor have the imputations against it, as a local measure, been at all well founded. What is right or just in regard to contracts, is right without regard to the residence of individuals, whether in the East, the West, or the South. But, dependent of that consideration, these venerable worthies, though once much more numerous at the North than elsewhere, have since followed the enterprises of their children, and pushed their own broken fortunes to every section of the Union. It is impossible to obtain perfect accuracy as to their numbers and residence. But by correspondence and verbal inquiries, it is ascertained that 4 or 5 survive in New Hampshire, from 30 to 35 in Massachusetts and Maine, 5 or 6 in Rhode Island, 5 in Vermont, 16 in Connecticut, 20 in New York, 12 in New Jersey, 18 in Pennsylvania, 3 in Delaware, 12 in Maryland, 33 to 38 in Virginia and Kentucky, 10 to 12 in Ohio, 12 or 15 in the Carolinas, and 5 or 6 in Georgia. As, by the annuity tables, something like 250 ought now to be alive, the computations have been made on a medium of 230 between the number ascertained and the conjectural number.

It is true that this loan was in form voluntary; but it is equally true that, as no other provision was made for pay. ment, no alternative remained but to accept the terms. Hence, if the officer sold his.certificate from necessity, heobtained only one-fifth of the amount therein promised; if he retained it, he obtained only about two-things of that amount. What renders this circumstance still more striking, we rselves have in this way saved, and reduced our national debt below what it would have been, many millions of dollars-from 13 to 15, I believe-and yet, now in our prosperity, hesitate to restore what was taken in part from these very men, and, when not from them, taken from others on account of their speculations on these very men, and their associates in arms. It was at the time of the funding thought just, and attempted by some of our ablest statesmen to provide some retribution to the original holders of certificates for the losses that had been sustained on them-to provide in some way a partial restoration. But the inherent difficulty of the subject, and All the foreign officers, whose claims rested on the: the low state of our resources, prevented us from com- same resolve, were, as I have before stated, promptly pleting any such arrangement, though we were not pre-paid in specie; and their illustrious leader, Lafayette, by reated from saving to the Government, out of those very certificates, and similar ones, ten times the amount now proposed for these petitioners.

The question, then, is of a general, public nature, and presents the single point, whether, in the late language of an eloquent statesman of New York, these veterans stall any longer remain "living monuments of the neglect of their country."

whose side these petitioners faced equal toils and dangers, has been since loaded with both money and applause. Even the Tories, who deserted the American cause, and On this state of facts, then, I hold these conclusions. adhered to one so much less holy and pure, have been That what is honest, and moral, and honorable, between fully and faithfully rewarded by England and it now redebtor and creditor in private life, is so in public-life. mains with the Senate to decide, not whether the sum That a creditor of the public should be treated with at proposed shall be bestowed in mere charity, however est equal, if not greater kindness, than the creditor of charity may bless both him that gives and him that takes; an lividual. That when the embarrassments of a debtor nor in mere gratitude, however sensible the petitioners may ve rise to a mode of payment altogether inadequate to be to the influence of either; but whether, let these consi what is justly due, and this kind of payment is forced derationsoperate as they may, the officers should be reon the creditor by the necessities of either party, the munerated for their losses, on those broad principles of stor ought, when relieved from his embarrassments or eternal justice which are the cement of society, and which, ecessities, to make ample restitution. That it is the dic. without a wound to their delicacy and honest pride, will, of every moral and honorable feeling to supply the in that event, prove the solace and staff of their declining iciency; and especially should the debtor do this years. where the inadequacy was more than four-fifths of the I shall detain the Senate no longer, except to offer a few whole debt; where the debtor, by a part of the arrange-remarks on the computations, on which the sum $1,100,000 ent, saved millions to contribute to his present prospe- is proposed as the proper one for filling the blank. Va

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Surviving Officers of the Revolution.

rious estimates, on various hypotheses, are annexed to the report in this case; and others will doubtless occur to different gentlemen. But if any just one amounts to about the sum proposed, no captious objection will, I trust, be offered on account of any trifling difference. It is impossible, in such cases, to attain perfect accuracy; but the estimates are correct enough, probably, for the present purpose.

The Committee have proposed a sum in gross, rather than a half pay or annuity, because more appropriate to the circumstances of the case, and because more acceptable, for the reasons that originally gave rise to the commutation.

On the ground that these officers were, in 1783, justly entitled to two years' more full pay, as a fair equivalent for half pay during life; and there being 230 of them of the rank supposed in the report, their monthly pay would be about $30 each. This, for two years, would be $720 each; or $165,600 due to these petitioners at the close of the war, over and above what they then received ertificates for. The interest on that, for 44 years, would be $437,184, which, added to the principal, make $602,7 34. If to that be added what they lost on their certific: tes by depreciation, which, at four-fifths, was $331,200, nd the sum, without any interest on the depreciat in, amounts to $933,984, or, with interest, to more than a million and a half; or, if the depreciation be considered seven-eighths, as it really was, the sum would be till larger. On the other hand, if nothing be allowed for le preciation on the certificates, but one-third be conside ed as lost in funding, that one-third, in A. D. 1791, wc ild be about $204,240, and interest since would swe it to $645,434, which, added to the two years' pay not received, and interest on that pay, makes the whole $1,248,218.

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Another view of the case, which seems to me the r ost technical, and which steers clear of any difficulty al out the loss either by depreciation or funding, will lead to about the same result as to the amount. It is this. the ground that seven years' full pay was the smallest um which, in A. D. 1783, could be deemed a fair equiva ent for the half pay for life, then the petitioners got ce tificates for only five-sevenths of their half pay; or, in o her words, five sevenths of their half pay was extinguished and paid. The other two-sevenths, then, has annually accrued since, and will continue to accrue while the petitioners survive. This two-sevenths being $51 42 per year to each officer, or $11,826 to these officers, would amount at this time to $520,344; and the interest accruing on it during only 35 years, would make it exceed the $1,100,000 proposed. The amount is fairly reached by this view of the case, without a single cent for either depreciation or loss in funding, and thus does not indirectly touch a single fact or principle upon which a similar allowance could be made to any body besides these officers. Gallant, and meritorious, and suffering, as were the soldiers, and none could be more so; worthy and affectionate as may have been the surviving widows; and distinguished as may have been many of the officers' heirs for filial and generous devotion to smooth their declining years; they all stand on their own cases and me its. None of them have been referred to the Committee who reported this bill; and they can all be provided for other wise this session, or hereafter if thought proper. Let the present appropriation be tried first on its own grounds, and then by subsequent amendments of this bill, or by new bills, let an appropriation for other classes of persons be also tried on its own grounds. All I ask and entreat is, that if, either in strict law or in justice, whether grounded upon the original defective commutation, the depreciation of the certificates, or the loss in funding, any miem. ber is convinced that the sum proposed to these officers is a fair one, that he will first consider the case of the

[JAN. 24, 1828.

officers, and support this motion. If any think a different suni more proper, I hope they will propose that sum in due time, and thus let the sense of the Senate be fully expressed upon one case at a time, and upon the only case now duly before us. In this manner only can any thing ever be accomplished.

The amount of the sum now proposed cannot be objected to on the grounds that doubtless caused the losses and sufferings which we are now seeking to redress. The country, during the Revolution, and at its close, would hardly have been unwilling to bestow twice the amount, had its resources permitted. But now, such have been our rapid advances in wealth and greatness, by means of the rights and liberties the valor of these men contributed so largely to secure, that the very public land they defended, if not won, yields every year to our treasury more than the whole appropriation. One-twentieth of our present annual revenue exceeds it. A fraction of the cost of the public buildings; the expense of two or three ships of the line; one-tenth of what has been saved to our national debt in the funding system; a tax of ten cents per he id on our population, only a single twelvemonth; either of them would remove all this reproach.

But, whatever might be the cost, I would say, in all practicable cases, be just, and fear not. Let no illiberal or evasive feeling blast the hopes of these venerable pa triots. Much longer delay will do this as effectually as a hard hearted refusal; since the remains of them are almost da ly going down to the city of silence. Either drive them then at once from your doors, with taunts, and in despair, or sanction the claim. So far as regards my sin. gle self, before I would another year endure the stigma of either injustice or ingratitude to men like these, I would vote to stop every species of splendid missions; I would cease to talk of Alleghany canals; I would let the capitol crumble to atoms for want of appropriations; and introduce retrenchment from the palace to the humblest doorkeeper.

It has formerly been said, that if these officers are relicred, so must be those of the late war. But, deserving as were these last, the cause in which they fought required much inferior sacrifices; they were not contending under the stigma of traitors, liable to the halter; they were I be raly and promptly paid: and whatever small depreciation may have existed in the treasury notes taken for their monthly pay, it was infinitely less than the losses sustain. ed by these petitioners on their monthly pay, and for which they neither ask nor expect relief.

One other consideration, and I will at this time trouble the Senate no longer. The long lapse of time since the claim originated has been objected formerly to its success. But what honest individual shelters himself under a statute of limitation, if conscious that his promise has not been substantially fulfilled? Under such circumstances, it is no defence, either in the court of conscience, or in a court of honor; and Congress have often shown their liberality in waiving it, where expressly provided to bar an application.

Here no express bar has ever been provided. Before their first application, the officers waited till A. D. 1810, when old age and infirmity rendered them more needy, and when many years of prosperity had rendered their country more able. However numerous, and technical, and evasive, may have been the objections since interposed, let it not be forgotten, that, in performing their portion of the compact, however neglected as to food or wages, they never were heard to plead excuses or evasions, however appalling the danger, whether roused by a midnight alarm, or invited to join a forlorn hope.

Like others, too, it may be imputed to them in deroga tion, that they were "military chieftains." But if, as such for a time, they did, like others, nobly help "to fill the measure of their country's glory," so, like others of that

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Surviving Officers of the Revolution.

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class, they have often distinguished themselves in forums, | longer period than the five years. Besides, a great porcabinets, and halls of legislation.

Whatever "honor and gratitude" they have yet received, is deeply engraven on their hearts; but they now also need-and they ask, only because they need-the additional rewards of substantial justice.

It remains, Sir, for us, whose rights they defended and saved, to say whether they shall longer ask that justice

in vain.

tion of the younger officers had gone home on furlough, when the question was decided in the lines; peace was daily expected, and they had been permitted by a vote of Congress, to visit their families, so that they were not present when the vote was taken. In relation to the other question asked by the gentleman, as to why the widows of the deceased officers were not provided for by the bill, he observed, that they were not considered the proper objects either of the charity or justice of the old Congress; but only their husbands. The half pay and commutation were personal, and for personal services. Neither were the widows the legal heirs of their husbands, and entitled on that ground; though if they were, it would be utterly impossible, such was the number of heirs, the claims of creditors of the deceased, and the length of time and difficulty of evidence on this subject, to provide for them. But he, for one, and he could speak also for his colleagues in the committee, was not disposed to be less charitable or gallant to the widows, than the gentleman from Maine. He would be perfectly willing to give to the widows of the surviving officers an annuity for the short period of life yet remaining to them. This, as they did not probably exceed 100, and the annuity should not be over one third half pay, would not amount to much, not probably to more than sixty thousand dollars in a gross sum, as Mr. C. was adverse to any exclusive provision like the they could not be expected to live more than ten years present. He thought the soldiers equally entitled to re- longer. The sum provided for in the bill would be sufward with the officers; and was of opinion that the for- ficient to cover their claim, as a deduction was to be mer fared much harder than the latter. He was there-made for all that had been paid to officers under the pen. fore against giving the officers in preference to the soldiers who fought by their side.

Mr. CHANDLER observed, that no man could have a higher respect than himself for the worthies of the Revolution; and if the soldiers, as well as the officers, were included in the provisions of the bill, he should probably vote for it. But he wished to make some inquiries. In the first place, it appeared, that these officers had been paid by the commutation, which they accepted, and by which they received five years' full pay. The Chairman of the Committee, however, says, that they did not accept these conditions, because it was decided upon by a vote, in which those opposed to it had no opportunity of refusing it. But I would inquire, whether the chairman has any means of ascertaining who voted for, and who against it. For, certainly, if an officer did vote for it, he ought to abide by his vote. And if he voted against it, and yet accepted it, he was equally bound to be content

with it.

He would ask another question. He wanted to know why, if the officers now surviving had an equitable clain upon the Government, the widows and children of those who have died since the Revolution, had not an equal claim? And why, said Mr. C., if justice is to be done, should it not be general in its application? He did not believe justice required this bill; impartial justice, at any rate, would not be done by it. He knew the danger there was in saying any thing against Revolutionary claims. But he wished to be just before he was generous. He had seen enough of this kind of partial legislation, and desired that an end might be put to it. If this was to be the beginning, he wished to know where they should end? If the whole subject must be acted upon, he wanted to take up the whole at once, when he should vote accordingly.

sion act. With respect to that class of soldiers who were entitled to $80 bounty at the close of the war, he would be perfectly willing to include their claim, and the sum in the bill would be sufficient also for that purpose. But he had protested, in his argument, against any construction being given to pay those officers on any other ground than that of contract-about the half pay: they did not make any claim on account of depreciation of the certificates they received for their monthly wages: and hence, faithful and brave, and commendable, as were the soldiers, they could not claim to be included in the bill for depreciation in their monthly wages.

It had just been supposed that if this bill passed, a most enormous sum of money would be paid to each of those But such was not the fact. It had been ascerofficers. tained, that there were at least about two hundred off. cers now living; and taking two hundred and thirty as the basis on which to make an estimate, there would be only about $4,300 paid to each individual-whereas, if the commutation act had not passed, they would justly be entitled to more than three times that sum.

Mr. WOODBURY, in answer to the inquiries made by the gentleman from Maine, [Mr. CHANDLER] in relation to the votes of the officers for receiving the commutation, begged leave to repeat, a little more in detail, the curious Mr. BRANCH said, that he had listened with great piece of history that existed as to the acceptance of the pleasure to the able exposition of the Chairman of the commutation act. It required the lines of the Army, at Committee, [Mr. WOODBURY.] His feelings were warmthe farthest, to give their acceptance within six months ly enlisted in behalf of those Revolutionary worthies from the time of its passage. There was no evidence for he too felt grateful for their services and privations in that it was accepted by any one individual, or line, until the cause of their country. He had labored to be conafter the expiration of six months from that time: and vinced of the propriety of voting this appropriation for the only evidence of any acceptance, at any time, by any the few surviving officers, to the exclusion of the private Jine, was a report from the then Secretary of War, show-soldiers; but his mind was still in doubt. It was fair to ing that some of the lines, and not all of them, had accepted. [Mr. W. here read the Secretary's report, show. ing which of the lines had accepted, together with some select corps and individnals.] He intended to mention, when he was up before, that the older officers, who indi vidually accepted, received the full equivalent, as to the amount of the certificates; because they could not expect to live long, and five years was a fair and liberal commutation for their half pay. But with the subordinate The Chairman had set out by addressing the justice of and younger officers, the case was different; they could Congress, and basing the claim on the strict letter of the fairly calculate on living longer than the others, and by compact, which he boldly asserted could not be resisted. every estimate made by annuitants on the probable du- He concluded by making a pathetic appeal to the liberalration of life, they were entitled to a commutation for aity and patriotism of gentlemen. He, [Mr. B.] was fully

presume, from the laborious investigation of the gentle. man who had just addressed the Senate, in his usual for. cible manner, that all that could be said in their behalf, was contained in the argument just delivered.

If doubts exist when one side only has been heard, are we not justified in asking for further time for reflection and examination? For that purpose he had now risen. He presumed many Senators felt like himself.

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