JAN. 29, 1828.] Surviving Officers of the Revolution. [SENATE. contest. These officers viewed it in that light themselves, and wished to get rid of it; and in December, 1782, af. ter the preliminary articles of peace had been signed, voluntarily stated, in a petition to Congress, their belief of its odious character, and said in that petition, "We are willing to commute the half-pay pledged, for full pay for a certain number of years, or for a certain sum in gross, as shall be agreed to by the Committee sent with this ad-gress, stating the discontent of the officers of the Army, dress." (1) than to meet the very wishes of the officers, and gave them what they asked for, that the contract was not fulfilled, because the operations of the change had not proved as prosperous as some of them had wished. had Mr. President, our gratitude has been invoked on this occasion. The gentleman from Ohio, (Mr. H,) has read various letters written by Gen. Washington to Conthe hardships they endured, and concludes by saying, These are their own words, and their own Committee, they would have quit the Army, had not Congress prosent with that address, consisted of Major Gen. H. Knox, mised them the half pay: and asserts, it is to those officers Brig. Gen. Patterson, Col. Crane, Col. Maxwell, Brig. that we are indebted for our civil and religious liberty, Gen. J. Huntington, Col. Webb, Col. Huntington, Col. as well as for our independence as a nation, and the freeCortland, Col. Cummings, Maj. Scott, Wm. Eustis, Hos-dom of debate we now exercise in this Senate. Mr. S. pital Surgeon, Brig. Gen. Hazen. Officers of high said, it was by no means his wish to detract from the milstanding, selected and deputed from among themselves, itary merits of those officers; and much less would he with full powers to make the arrangement with Congress, have supposed they were actuated by the hope of pecuwhat commutation should be given for the half pay. niary reward, to continue in the Army, had not the genAnd among the members of Congress appointed on tleman himself affirmed, it was the promise of the half the Committee to make this arrangement with the Com- pay which kept them there. He was willing, himself, to mittee of officers, was Gen. Alexander Hamilton, who ascribe to them better motives for remaining in the gone through the whole war himself, knew the rela- Army, than the hope of pecuniary reward. He was wiltive claims of these officers, and whom he was one, and ling to believe it was patriotism that kept them in the who was as just as he was generous, and as generous as Army. All your gallant men prefer the thick of battle, he was brave; which was really surrendering almost the and seek death itself, as the highest reward of the brave. whole matter into their own hands to settle, and it was And can it be a motive to an American Senate, to pay settled to be equal to five years' full pay, and no more. those officers a second time, because they would have And when settled at that, it was not made compulsory by left the Army in the time of its greatest peril, but for the the resolution of Congress, but left optional to accept promise of half pay? the five years' full pay or hold on to the half pay for life. Mr. Presideni, it is an error that is gaining ground in (2) Nine States: New Hampshire, Massachusetts, Con- proportion as we recede from the period of the revolu necticut, Rhode Island, New York, New Jersey, Penn- tion, that the independence of this government was Svania, Delaware, Maryland, and Virginia, accepted it achieved solely by the regular army. It is an error that by lines; and not a murmur was heard for twenty-seven has been promoted by the very officers themselves, and years afterwards, when, for the first time, they brought to which gentlemen very naturally subscribe who wit. itp. And at the distance of forty-four years the Senate nessed no part of those times which tried men's souls. are told the commutation was unjust, arbitrarily settled That war was a war without a parallel. It was forced the discretion of Congress, and forced upon those of upon the people of this country when they had neither ficers without any alternative, to take that or nothing; money, arms, nor experience and not more than three and that they come now to ask justice and demand a ful-millions and a half of a population. In this situation they fiment of the compact. And gentlemen affirm that up. had to meet a brave and experienced enemy, with a veon principles of law and equity, it is a contract not yet teran army, and experienced and gallant officers at its fulfilled, and which in a court of justice the government head. The most determined doubted; but their ap would be bound to fulfil peared to be no alternative, and a general enthusiasm pervaded the whole community, with a few exceptions; and all who valued freedom were eager for battle, in de fence of their homes and their fire-sides, and death or liberty was the universal motto. It was this proud eminence assumed by the American people, that gave them liberty, independence and freedom of debate: not the sordid mercenary hopes of pecuniary reward. Mr. S said, he was not brought up at the foot of Gamaliel, but he understood the law of contracts better than that. To render a contract binding on both parties, nothing was necessary, but that the parties were capable to contract, were willing to contract, and actually did contract. And if capable and willing to do so, they could make, and could change that contract as often, and into as many forms as they pleased. It required no lawyer to know this. It was every day's practice, with every man in the Government. But we have a fashion paying Government contracts as often as they are askfor. What was the contract? First, that the officers should remain in the army to the conclusion of the war, should be entitled to half pay for life. Who asked change it? The officers themselves. When it was changed, to whom was it submitted for acceptance? To the officers themselves. Who did accept it in the very in which Congress had placed it; to be paid in se rities, on interest of six per cent. per annum, instead of the half pay promised for life? (3) After they had it would be sporting with the rights of the Govemment, to say the contract had not been fulfilled on er part. If the Government has any rights, it has the Se rights of individuals, governed by the same rules, entitled to the same privileges. And it would be e to say, when the Government had done no more 1) See 4th vol. Journals Old Congress, page 207. (2) See 4th vol. Journal Old Congress, p. 108. 3) See 4th vol. Journal Old Congress, p. 166, But, said, Mr. S., it has nearly come to this, since time has thrown a veil over those scenes and achievements that ought to characterize that war, that we are taught to believe that, during that war, every thing was quiescent, and every body happy at home in the enjoyment of their families and fortunes, except the regular army; and that there was but little praise due to any but the officers. The arguments seem to go upon the ground, that this is the correct history of the revolutionary war. Gentlemen who entertain this opinion, know but little of that war, as it was carried on in the three Southern States, of North Carolina, South Carolina, and Georgia The Chairman [Mr. W.] has told us, these officers broke up their connexions in life, and left their families and their homes to serve their country. And so devoted was one of them, that he left his dead father unburied, to enter the Army. This, all will admit, was patriotic. But what does this weigh, when compared to the bloody scenes that spread horror and desolation throughout the two Carolinas and Georgia, during the years of 1779, 1780 and 1781; a good part of which time you had no regular Army there. Whilst the British Army were there SENATE.] Surviving Officers of the Revolution. [JAN. 29, 1828. ravaging the country wherever they went; not a horse Marion was a man of large fortune, and lived at his in the country upon which they could lay their hands, ease. He abandoned it all, made the morasses his dwel that they did not take, to repair the waste in their own ling place, and his rations were parched corn and potacavalry, or for the use of their baggage wagons. All toes, when he could get them. He may be justly called the cattle, hogs, sheep, flour, wheat, corn, and every the Leonidas of the South. He never was defeated, nor description of forage, fell a prey to their rapacity. And could the strongest threats, or the most flattering prowhat was not consumed, was wantonly burned and des-mises from the enemy, induce him for one moment to fortroyed. The tories, following in their train, burning sake the cause of his country. Sumpter and Marion could dwelling houses, out buildings, and fences, and laying have had any promotions they would have asked for in waste with fire and sword all that came in their way. the British army, if they would have accepted it. Or if Plundering the defenceless women and children of any they would have laid down their arms, even at the most little remains of provisions that the Army might have left, gloomy moment of that perilous time, they could have and stripping them of their wearing apparel, and the ve-been protected in their persons and fortunes by that army. ry bed clothes that covered them by night. Mothers and But they were inspired by other considerations, of a daughters who had seen better times, labored in the field higher character. They were inspired by a patriotism to procure a scanty subsistence: whilst the fathers and and love of country that never tired, and taught them to brothers were harassing the enemy, and fighting the bat- look upon pecuniary rewards as trash; not to be put in tles of their country. Not in the regular Army, but in competition with a soldier's honor nor with a patriot's love volunteer and self-created bodies; self trained, and mount- of liberty. Their troops, composed as they were entireed on their own horses, and armed with their own rifles,ly of volunteer militia, from the mass of citizens, were and other arms, such as they could procure; all at their equally inspired by the same motives. There never was own expense, without the aid, or even the knowledge of a regular army belonging to the government, from the the General Government. They annoyed the enemy by beginning to the end of the revolutionary war, that enhanging on their borders, killing their light troops, cut- dured such hardships, who fought more, or more ting off their foraging parties, shooting their sentries at successful battles, or rendered more essential service. their posts, and destroying and dispersing the tory par- These men never received a farthing from the general ties wheresoever they assembled. No friend of his coun- government, neither for their services nor their arms, try could remain at home in safety. Many who ventured which they furnished for themselves for the most part. there for a moment, were dragged from the bosoms of Nor has a single man among them, however hacked or their families, and butchered at their own doors. Others cut to pieces, ever been placed upon your pension roll. who were taken in arms, were treated as rebels, and hung upon the limbs of trees, on the road sides. These scenes became so familiar, that the spilling of human blood lost the most of its horrors. Many of the first citizens of South Carolina were seiz ed, incarcerated in prison ships, and sent to St. Augus tine, and other unwholesome climes, to subdue their pa triotism; many of whom perished. Col. Laurens, the While this undiciplined warfare was carried on by the elder, was sent to England and imprisoned in the Tower, community at large by a spirit of patriotism unrivalled, to subdue his own patriotism, and strike terror in others. General Sumpter, with no other authority than a com- These tortures were endured by men who lived in the mission from the Governor of the State, for the legislative lap of ease and fortune, all of which was abandoned to body was dispersed by the enemy, drew to his standard a the reckless ravages of the enemy, rather than they respectable number of volunteer militia, who displayed would abandon the cause of that independence in which as much bravery, and fought to as much purpose, as any they had embarked. Was there any officer in the con continental troops belonging to the regular army. They tinental army who suffered such hardships, and made distinguished themselves, and were victorious in almost such sacrifices for the cause of freedom? Who is there, every battle they fought. Their leader was as gallant a that would not rather rush upon the spear of his enemy, soldier as ever drew a sword, with all the qualities of a and hazard his life in battle, than be confined in the hold cool circumspect general. His successful operations were of a prison ship, in an unwholesome clime? At the same more confined to the middle and southern parts of the State. time these scenes of horror and discomfort were going General Marion, who acted under a similar commission, on in South Carolina, Georgia and North Carolina were only from the Governor, confined himself more to the also engaged in those of a similar character, except that eastern part of the State.-Whose partisan corps were the British army remained principally in South Carolina. entirely volunteers, also. Mr. S., said that he might be The three States were destitute for a long time of even more accurate as related to his operations, he would read the semblance of a regular army. It was the gallantry it from Ramsay's history of the United States. Speaking and patriotism of the farmers of North Carolina, who quit of the promotion and successes of General Sumpter, he their ploughs and embodied under Col. Caswell, a milisays: "About the same time Marion was promoted to the tia officer, that totally defeated and dispersed a large bo"same rank, who in the northeastern extremity of the dy of Scots tories, that had collected to the royal stand"State, prosecuted a similar plan. Unfurnished with ard, on Cape Fear River, in 1775, and gave a shock to "the means of defence, he was obliged to take posses. the formidable tory party in that quarter, from which it "sion of the saws of the saw-mills, and to convert them in-never recovered. This was effected by their own means, to horseman's swords. So much was he distressed for "ammunition, that he has engaged, when he had not "three rounds to each man of his party. Various schemes "were tried to detach the inhabitants from co operating "with him. Major Wemys burned scores of houses on These achievements were followed up by the battle of "Pedee, Linch's Creek, and Black River, belonging King's Mountain, in the autumn of 1780, under Col. "to such as were supposed to do duty with Marion, or Campbell, of Virginia, Col. Cleveland, and Col. Shelby, "to be subservient to his views. Having no houses to and others of North Carolina, Col. Lacey, Col. Hill, and "shelter them, the camps of their country became their others of South Carolina, who assembled the volunteer "homes. For many months, Marion and his party were militia of their neighborhoods, to stay the high-handed "obliged to sleep in the open air, and to shelter them- career of the enemy; and the historian says, "They had "selves in deep swamps. From these retreats, they sal-"so little of the mechanism of a regular army, that the "lied out, whenever an opportunity of harassing the en- "Colonels, by common consent, commanded each day "emy, or of serving their country, presented itself." alternately. The hardships these volunteers under without the aid of a continental officer or soldier; or so much as a sabre furnished by the general government. For which they never received, nor did they even ask, a farthing. 66 JAN. 29, 1828.] Surviving Officers of the Revolution. [SENATE. "went were very great. They subsisted for weeks to rendered to the enemy, without the fire of a gun, the city "gether without tasting bread or salt, or spirituous li- of Charleston, both the continental and militia army, with quors, and slept in the woods without blankets. The all the munitions of war, and upwards of 400 pieces of ar"running stream quenched their thirst. At night the tillery; and put the enemy in the strong hold of the South"earth afforded them a bed, and the heavens, or the ern States, from whence they could, and did play in eve"limbs of trees were their covering. Ears of corn, or ry direction, to the great embarrassment of the Southern "pompions thrown into the fire, with occasional supplies Section. "of beef or venison, killed in the woods, were the Col. Buford, with a regiment of continental infantry, "chief articles of their provisions." and some horsemen, was sent to the relief of South Caro Under all those disadvantages, these volunteer officers lina. They were assailed by Col. Tarleton, and after the and citizens, without a moment's training, met a veteran first fire, laid down their arms and sued for quarters, officer of great experience, and as brave a partisan off-which was denied them; and they were literally cut to cer as any in the British army, on ground chosen for the pieces. And a great portion of those who were not slain occasion by himself; and with a very small loss on their on the field, had their hands or arms cut off, or their part, killed and wounded 225, among them Col. Fergu- heads and bodies hacked to pieces. son, their commander; and took 800 prisoners, with all their arms, ammunition, and baggage. The annals of the whole revolutionary war do not afford a more brilliant achievement, or one effected with more cool and deliberate bravery, by any portion of the regular army. It were these resistances and these successes that gave the first check to the British arms. It destroyed their hopes of submission; and proved that freemen, without training and without discipline, were too brave to be conquered. Those men and officers did not fight your battles for money. They never cost your government a single cent. They furnished their own rifles, with which they principally fought. They furnished their own clothes, and their own horses; and their slender and humble rations they picked up where they could find them; and, like the other citizens who fought our battles, without the aid of government, if any were wounded or disabled, the government has positively refused to place them on the Pension Roll, but has left them to beg their bread, or starve, if they could find no other relief. And yet we are confidently told by gentlemen, in this debate, that we owe our independence as a nation, and the freedom of debate which we enjoy in this Senate, exclusively to the officers of the revolutionary army. Gentlemen who assert this fact, have never known by what means the revolutionary war was carried on in the Carolinas and Georgia; otherwise, they must have forgotten it. If they had not, they could not say that freemen, whose blood had streamed in torrents in the prosecution of that war; whose valor in battle had been unrivalled; who had sacrificed their fortunes, and abandoned their families and their homes, and every private comfort, for its support, owed their independence, and freedom in debate in this Senate, to the prowess of any other arm but their own. Mr. S. remarked that it had been affirmed that the regular army had defended the Southern States. Some portions of the regular army had been there, it was true, but had rendered no sort of service, whatever, until the arrival of General Green, in 1781. When the British navy made an attack on Fort Moultrie, on the 28th of June, 1776, before the declaration of Independence, with a view of reducing Charleston, General Lee, a continental officer, next in command to General Washington himself, instead of defending the fort, as he ought to have done, declared it impossible, and ordered the fort to be surrendered; when Col. Moultrie, of the militia, refused to obey the order; but said, he would continue the defence of the place, and would take the responsibility of a failure upon himself. Your Continental General retired to a place of safety, and Col. Moultrie, with the gallantry of a veteran, sustained the attack, for ten hours in succession, against ten British ships, two of which were fifty gun ships. The siege terminated in the loss of one of the enemy's ships, and a total repulse of the whole fleet. This was the first essay of a Continental officer in the South. The next was General Lincoln, an experienced continental officer, who, on the 12th day of May, 1780, surVOL. IV.-13 General Gates, another experienced continental officer, was sent to South Carolina with a few more than 900 regular troops. To these were added 3,000 militia from the neighboring States. With these 4,000 men, he met the British army, near Camden, in South Carolina, and a battle ensued. No sooner did the enemy display their columns and commence a heavy fire, than General Gates fled. Nor did he stop until he reached Hillsborough, a distance of 150 miles, and then but for a short time. The continental soldiers under Baron de Kalb, and some of the militia, under their own officers, fought with distinguished gallantry. But they were overpow ered by numbers, and were all either killed, wounded, or taken prisoners. But not a vestige of the regular army remained for active operations. And with them were taken all the artillery and 200 baggage wagons. The State was again left to the alternative, either to submit as rebels, and seek protection from the enemy, or fight their own battles, without the least hope of assis tance from the General Government. They preferred the latter, which they carried on with an enthusiasm that was never surpassed and but rarely equalled. This state of things continued until General Green went on the next year; and even then, much was done by the militia. At the Cowpens, the British had 1100 men, and the Americans not more than 800: two-thirds of them were militia, who were under the command of Col. Pickens. They formed the first line a few hundred yards in advance, and received the first fire; then fell back, as they were ordered to do, and immediately ral. lied and joined the regulars in charging the enemy with fixed bayonets, which threw them into complete confusion, and five hundred of the British army laid down their arms to the militia. When General Green took command of the Southern Army, it consisted of only 2,000 men; more than half of whom were militia (1). The battles he fought at Guilford and Eutaw, were said to have been the two best fought battles of the Revolution; and more than half his army, at each place, were militia. He was a man of superior skill, and of distinguished bravery; and did honor to the cause in which he was engaged. But the bravest Generals could not fight without an army, and his regular soldiers were but about 1,000; and these were kept as a reserve. His militia were always placed in the front of the battle; many of whom were killed. And that was the last the General Government knew of them. It neither gave them pay, honor, nor provided for their suffering families. The war in South Carolina was so protracted, and raged with such violence, that, in addition to the volunteer services of almost every man in it, that State, instead of paying one-thirteenth part, which would have been more than its proportion, paid more than one-fifth part of the whole expense of the revolutionary war. (2) Whilst the great State of New York paid but$1,200,000, South Carolina paid $4,000,000, (3) although ranked (1) Ramsay, U. S. 2. vol. page 400. (3) Ibid. 195 SENATE.] Surviving Officers of the Revolution. [JAN. 29, 1828. among the small States. The State of Maryland paid but gold or silver. The Congress issued $241,552,780; to secure the currency of this money, on the 11th of Janua$800,000. Notwithstanding, it is urged that we owe our liberty and independence to a very small regular army, ry, 1776, Congress passed a law in the following words. "That if any person shall hereafter be so lost to all virf om whose efficiency the Southern States received but little assistance, when compared with their own unceas-, "tue and regard for his country, as to refuse to receive ing efforts. This claim of the petitioning officers is plac-" said bills in payment, or obstruct and discourage the "currency or circulation thereof, and shall be duly coned on another ground, as extraordinary as it is novel. Which is, that the certificates given in commutation for "victed thereof, such person shall be deemed, published, and treated as an enemy of his country, and prethe half pay, had been purchased from them by specula The answer to that "cluded from all trade or intercourse with the inhabi tors, for a very small consideration. argument is plainly this :-If the government were bound"tants of these colonies. (1.) to protect its citizens from the grasp of speculation, it would have more than a Herculean labor to perform. Where could such a requisition end? The government had fulfilled its engagements, and it belonged to those who were interested to guard against imposition. 46 On the 14th January, 1777, the Congress passed anoth er law to support and enforce this currency, in these words: "Whereas the continental money ought to be sup "ported, at the full value expressed in the respective "bills, by the inhabitants of these States, for whose ben"efit they were issued, and who stand bound to redeem "the same,"&c. And thus it goes on to make it as penal as the English language could express it. Another and a louder complaint against the government is uttered: that in establishing the funding system, Congress had done injustice by deferring a portion of the But upon a fair calculation the interest for ten years. And four Under these very penal laws, and from their devotion interest will average more than five per cent. to their country, the citizens received this money, per cent. is considered a very high per cent. when securIt is $241,552,780, for the support of that war; and when the ed upon the faith of the government, as this was. far beyond any per centage produced by your best agri-war ceased, the money ceased to circulate, and fell dead culturists. Moreover, these claims were placed precise ly on the ground of the claims of every other citizen. And who were they that settled the principles upon which the public debt was funded? General Hamilton, and many other revolutionary officers were among the most prominent members of that Congress. And General Washington was the President of the United States, who, by virtue of his constitutional powers, could have And can we for a moment suppose negatived the law. he would not have done so, had he seen any thing like in justice contained in it? We do not believe he ever slumbered over the rights of those officers whom he had commanded, and whom he respected. in the hands of the last holders. Not a single cent of that The truth is, that the officers of your revolutionary army, had been more liberally provided for than any other class of men, in this or any other country. In adIt has been said by the gentlemen who advocate this dition to their pay during their time of actual service, they were promised half-pay for life, after they should retire claim, you are unable to pay your militia, and unable to from the army, which was commuted for five years' full redeem your continental money. Is this the justice, said pay-which was a mighty stretch for a government at Mr. S. of which you boast? This one-sided justice; is the dawn of its struggle for freedom-and were promis. this to characterize the justice of your country, pay your Each favorites a second time, and permit yourselves to slumber ed and received large tracts of valuable lands. officer, from a Major General down to an Ensign, had over the rights of all others, because you cannot spare his lands, and that placed upon the most fertile spots. In the money to pay them, from your thousand projects' addition to this, the southern States gave their officers This would be justice with a vengeance. large tracts of the finest lands in the world. Virginia South gave largely and liberally in lands to her officers. North Carolina gave to each Carolina did the same. Brigadier general, 12,000 acres; to a Colonel, 7,200; to a Captain, 3,500; and to General Green, that State gave 25,000 acres, that were said, at one time, to be worth $500,000. To that meritorious officer, Georgia gave $22,500 in money, and South Carolina gave him $ 45,000 in money. These were free-will offerings, after the war ended, which those States were prompted to make, to exalted merit, tor distinguished services; and surely they would redeem the Carolinas and Georgia from the crying sin of ingratitude. But, said Mr. S., there was another, and a very different view to be taken of this subject, which would prove, beyond a doubt, how much further the government had gone to promote the interest of the military men, over The revolu that of every other class of your citizens. tionary war continued seven years. The supplies for the armies, during the first five years of that war, were furnished by the citizens, exclusively for paper money; then called Continental Money, and States' Money. The continental money was issued by authority of Congress, and bore on its face a pledge that it would be redeemed with Mr. WOODBURY referred to Milne on annuities, to shew to what number of years full pay the officers were entitled to; because he had in his former remarks been When the officers asked for a commu. misunderstood. tation, it was not for five years, but for such an one as would be equivalent to the half pay for life. According to all the best authorities, they were entitled to the average of fourteen years' half pay, or seven years' full pay. Thus the senior officers, whose chance of life was smaller than that of the juniors, received their full equivalent by the commutation; which was far from being the case in regard to the juniors. Mr. CHAMBERS said, he should be wanting in his du ty to the memory of the dead, as well as to the fair fame of the living, should he remain silent, after the remarks was at the moof the honorable gentleman from South Carolina, [Mr. SMITH.] He regretted that his colleague ment absent from his chair, for to him all these scenes Mr. C. had no other knowledge but were familiar, having himself been an actor in the battles of the revolution. from written and oral history-But sir, said Mr. C. limited as my information is, I must be permitted to tell the gen (1) Journal Old Congress, Sept. 1 Vol. 234. p. JAN. 29, 1828.] Surviving Officers of the Revolution. [SENATE. tleman from South Carolina, he has not correctly given us the events of the southern campaign no man is less disposed than myself to lessen the just reputation of the militia officers who acquired glory in that campaign, but as a Marylander, I cannot permit the well earned laurels of her brave sons who fought and bled by her side to be tarnished. The gentleman was most unfortunate in his position that the militia alone fought those battles, and still more in his reference to the names of the Cowpens, Eutaw, and Camden, to prove that the officers of the continental army did not perform effective service. Sir, Maryland has lately had to mourn over the bier of her departed Howard. He has gone down to the grave full of years, of honor, and esteem. His gallant conduct as a solence. dier, was not more estimable than his excellent, amiable, and modest virtues as a citizen. To him was due, as it has been accorded, a large share of the glories which were won in two of those battles: at the Cowpens, his courage and his skill have secured the admiration of his country, for himself, and the brave companies of the Ma ryland line which he commanded; at Eutaw, he fought and his blood there mingled with that of the patriots, who fell by his side, and I now with surprise find he is omitted in the history of their exploits. I need not ask the honorable gentleman to go far, to find other proofs, that regular officers acquired glory in the South. I point him to one of the monuments of that age, which time has spared-one who now asks your justice-and tell him there is another whom Maryland is proud to call her son, who fought, was wounded, and made prisoner, at Camden. (General REED, who was in the lobby.] I will not offend him by sounding his praises in his presence, but I should be treacherous to him, to his departed friend, to others of their worthy compatriots, and to my State, if I did not correct the error of the honorable gentleman. Mr. SMITH, of S. Carolina, did not mean to detract from the merit of the regular army. If Major Howard's ervices were so valuable-and he knew they were soshy was not some provision made for his heirs? He was not insensible to the services of the regulars; but he contended in favor of the militia. He repeated that the regular troops retreated and fled at Camden; and he believes they did not stop until they arrived at PhiladelFaia. He had not said that there was no regular army at the South; but that it was ineffectual. He had not said that General Lincoln had no regular troops; but that they laid down their arms, and delivered up the City of Charleston; and if the militia had done the same, it would have afforded another argument to their prejudice, and in favor of the regulars. He had said that General Green had but a small regular force at Eutaw and Guilford Court house; and he had said, and now repeated it, that his men were chiefly militia, were posted in front, and bore the heat of the battle. As to the Cowpens, if there vas a regular army there, it was a very small one; and the victory had always been attributed mainly to the good conduct of the militia. But, if he was mistaken in this, he would ask, if he was not right in his statement, that the whole country was ravaged, at the time when Congross would not send an army to the South. Again, said The legal question I take to be this-whether suppos Mr. S., I would ask, where was your regulars at King's ing the commutation not to be equal to the half pay for Mount; and whether that achievement by the southern life, the United States are under an obligation to make militia, did not give a turn to affairs, when General Wash- good the difference; an obligation either legal or equitangton was flying before the British armies? Immediate-ble; for as to Government, there is no difference bely upon the decision of that battle, Cornwallis marched tween the legal obligation and the equitable; both have his army to the South. I know, said Mr. S., many a man the same common foundation in justice; their difference who fought in that battle who is now poor and pennyless.is only a difference of forms; and these forms belong to Sir, the conduct of the southern militia was beyond my courts, not to governments. Pase. Had they waited until a regular army came to eir assistance, the Southern States would have settled down as a British Province. And not only did their acts do much towards our independence-their example gave pirit and confidence to the people. These were his ideas of the question. He thought these officers came here with no better claim, than any other class of individuals who made sacrifices, and rendered services, during the Revolution. There were thousands of individuals de. prived of all they possessed, by the depreciation on the continental money. There were fathers and sons killed at their very doors-and of these we hear not a word. But here at this late day is a band of patriots, who come forward and declare that Congress entered into a coinpact with them, which has never been fulfilled. I say, said Mr. S. that these officers have no better claim than those other classes to whom I have alluded. He knew no reason why they should be relieved in preferHe knew of no plundering speculations in which others had not suffered as well as they. The history of those times, of the sufferings and privations of the southern people, had never been correctly written. While it was impossible to make up all the losses which had fal len, as the fate of war, upon the people of the whole country-he was against making a distinction favorable to one class in preference to another. Mr. CHAMBERS said the honorable gentleman from South Carolina must pardon him for another remark. The honorable gentleman has said that the written histo. ries of the events alluded to by him, are not accurate; his emendations are to go to the world, and will no doubt receive, as they are entitled to claim, great respect. A regard for the character of some of those concerned, and a wish to put their claims fairly before the public, induces me to correct an error, into which the gentleman has certainly been betrayed. He alleges that at Cambden, the American troops ran away at the first fire; on what authority the gentleman has ventured this assertion, 1 know not; but this I do know, from an honorable man now living, and fully entitled to faith and credit, and who was an officer in the Maryland line, engaged in that battle, that there was a close, and warm engagement for fif ty-four minutes. 'Tis true my informant did not say how many rounds were fired, but Sir, if the battle continued fifty-four minutes, and but one fire was exchanged, the extraordinary character of that fact, could not well have escaped the very marked attention of military men, and have given celebrity to the battle of Camden, for at least one circumstance that has not been usually associated with its history. Mr. ROBBINS rose, and spoke to the following effect: In speaking to this subject, I shall speak only to the legal obligation, if any, of the United States, in this case. For though I do not agree with the honorable gentleman from North Carolina, (my friend, if he will permit me to call him so,) that appeals in this case to the gratitude and magnanimity of the nation, imply the absence of legal obligation, or the apprehension of that absence; I do agree that this question is not to be determined.on those appeals, nor to be influenced by them, any further than as they are sustained by that obligation. I am the more anxious now to speak to that point, as it has been more particularly challenged by the learned and able gentleman from South Carolina, who has just taken his seat. I begin this inquiry by saying, that the act of 1780, providing half pay for life for the officers of the revolu. tionary army, who should serve to the close of the revolutionary war, became a contract with those officers who did serve to the close of that war. The proposition made 1 |