H. OF R.] Removal of the Deposites. [FEB. 5, 1834. which the bank might be chargeable, one of the courts, The arbiter for Congress, or Congress, whether acting as in other cases of contract, was made the arbiter. Ap- by an agent or directly, could not dispense themselves peal might be made to this tribunal; might be made at the from the obligations of good faith. instance either of the President or Congress. This was That the engagements of the bank, relative to the op the proper guard in this respect-that recognised by the erations it was to conduct for the Treasury, were those genius of our institutions, which assigned courts and juries alone contemplated for the action of this power of withas the triers of questions of injury or right. Here was a drawing the deposites, was proved, then, by the reason case for exception, however. The bank, under direction of the reserve of the power in the hands of the Govern of the Secretary, was bound to transact essential opera- ment, which had relation only to this class of its engage. tions of the Treasury, and for this purpose had the custo-ments; and not only no proper application to, but was dy of the public money. If the bank were guilty of any positively improper in regard to any other class. It was failure in respect to these operations, it would not do to proved by the character of the agent to whom the power wait for judicial inquisition in matters of this sort. The was deputed, the fiscal officer of the Government, in public interest would not permit it. whom any other jurisdiction, in regard to the bank, would The operations of the Treasury, which the bank trans- be highly inappropriate. And, finally, it was proved by acted, must go on at every moment, and any irregularity the indication of another and better jurisdiction-a court be open to instant correction, or the public interest must of justice-for remedy, in case of other failures of its ensuffer. In contravention, then, of the common principle gagements. There might be cases, indeed, of irregular that a party was not to be judge in his own case, it was conduct of the bank, for which no remedy could be found necessary that the Government should reserve to itself, as either in the exercise of the authority granted to the Secregarded the fiscal conditions of the bank contract, the retary of the Treasury or that allotted to the courts. superintendence of their execution, and the application Several of the cases of misconduct, adduced by the of the promptest remedy for failure in the performances. Secretary in his report, fell under this description, as inThis had been done by the power reserved, as regarded terference in elections, &c. Was there no remedy, then,for the withdrawal of the public funds from the bank, which these? or what was it? The remedy was, by changes in was to be exerted, not only in the event of an opinion of the direction of the bank, which might be made annually, their insecurity, but from any cause affecting the regular- and by the refusal to recharter, or the modification on reity of the discharge of the duties which the bank had as-charter. If all misconduct of the bank were corrigible, sumed in relation to the Treasury. But did it follow, that as the Secretary supposed, through the exercise of the though the bank should be guilty of no irregularity as re. power over the deposites, where would be the occasion garded those duties, the advantage which was given as a for the jurisdiction assigned to the courts, or the reserve main consideration of that discharge might be withdrawn of the right of refusal of the recharter? In regard, then, to at pleasure? This would violate the first principles of all misconduct of the bank, other than that which related justice, and rules for the construction of contract. Though to its operations for the Treasury, he, (Mr. A.,) forbore the Government reserved to itself the decision as to what all discussion, as matter which, whether the allegations on constituted the breach of the duties in question, and the the subject were well or ill founded, did not belong to application of the remedy, it was not absolved, whilst it our jurisdiction in the present inquiry. That which did had made itself arbiter, from observance of the principles belong to us, gave no authority to confirm the act which and rules which bound other arbiters. It had the abstract the Secretary had performed on our part and behalf topower, but could not justly vacate any advantage it had wards the bank. stipulated to grant, unless for just, that was to say, suf- He came now to consider what he regarded in a more ficient cause--for cause such as would bind a court of jus- serious view than any other part of the discussion-the tice, in the same circumstances, to vacate. It was bound, amount and import of the authority set up in the Treasu indeed, to stricter observance of this rule than a common ry Department by the doctrines of the report. It was arbiter, as being the judge in its own case. It could not, more extraordinary than had ever been asserted for a sin then, justly vacate the privilege of having the public de-gle officer in a limited Government. He would (Mr. A. posites, which was valuable to the bank, and the princi-said) detach the several propositions in which this authorpal compensation, indeed, for the functions relative to ity was asserted from their dispersed places in the report, the Treasury, which it was required to perform, unless so as to bring them together in a single view. It had been breaches occurred on the part of the bank of the func-seen that the Secretary contended for an authority, arbitions correspondent to the grant of this privilege, and of trary, so far as the bank was concerned, to the exercise which it was designed as the compensation. But none of which, even without reason, the bank had no privilege such had occurred. That was now given up on all hands; of exception. The power asserted was no less, and more admitted by the Secretary in his report, as by every body dangerously arbitrary as regarded the public. It was, that else. The fact, in this respect, was, indeed, incontesta- the Secretary was authorized to remove the deposites for any cause affecting the public advantage or convenience Then (Mr. A. said) there was an end of the case. If which he might deem adequate. This assertion was re the only condition in which the exercise of the power of peated many times, and with great emphasis, in the reremoval of the deposites could be justified had not oc-port-"whenever the change would, in any degree, pro curred, by the admission of every one, friend or foe to mote the public interest." "The general interest and the bank, the bank could not be justly exposed to this in-convenience of the people must regulate his conduct." jury and wrong. The Government, being the judge in its "Without any reference to the manner in which the bank own cause, was only bound, Mr. A. repeated, to greater had conducted itself, it became necessary to decide whe strictness of construction and action in this respect. And ther the deposites ought to remain in the bank until the end this was the answer to the inquiry, whether, admitting the of its corporate life, or be removed at some earlier period. Secre ary to have been without sufficient justification for In forming my opinion on this subject, I could only ine his act, Congress, when the case was brought before it, quire which of those measures would most conduce to the was not let lose from the restraints which bound the Sec-public good." Now, this power of removing the de retary, and free to act as it saw occasion in the matter? posites for the "public good," involved, ble. as a part of it, The obligation on Congress was, it had been seen, of in the view of the Secretary, that of applying them to stricter character than on the Secretary; and this, whether uses unknown to the laws-the sustaining the operations he was to be regarded as the arbiter in place of Congress, of banking institutions, and giving a sound condition to Was not the doctrine which had been or the agent to act provisionally, and report to Congress. the currency. FEB. 5, 1834.] Removal of the Deposites. [H. OF R. exploded on all hands, and as regarded all the branches of with them; securities for faithful discharge of the duties the Government combined, of being at liberty to operate assumed to be framed. Were all these essential and comfor the "general welfare," in the form of a regular dis- plex arrangements proper incidents to the legislative powbursement of the public money, here revived, and asserted er, or to that of the Secretary of the Treasury? The in a form the most extravagant, and passing to extremes, transfer of the treasury had been made in the apparent which that doctrine repudiated? Did that doctrine ever presumption, indeed, that these arrangements belonged claim to operate without the forms of regular appropri- properly to the authority of the Secretary; for, although ation of the money to be employed, or for such ends as the the session of Congress was near at hand, that event had maintenance of the operations of banking institutions? But not been waited for, and the plan of transfer had been carsee farther the modes in which this extraordinary power ried into effect, with the arrangements unmatured even by was to conduce to its end and purpose. It was laid down as the Secretary. an undoubted position, ascertained by an authoritative ex- The Secretary had assumed, then, and greedily grasped, pression of the public opinion in the last election of the Pres- very high legislative authority in this respect. The most iden', that the Bank of the United States was not to be re- remarkable of his assumptions, however, related to the chartered. This was assumed, let it be remembered, in the claim to take control of the currency, and prevent its comface of a contrary declaration, rendered through the organ ing to an unsound condition on the termination of the bank. appropriated by the constitution for expressions of the pub- Next to the powers of Government which affected liberty, lic will on this class of subjects-the two Houses of Congress. this of controlling the character of the currency was the This organ had voted the recharter, and by no incon- most important in its relation to individual and general hapsiderable majorities. The denial of recharter being as- piness and prosperity. On the soundness and steadiness sumed, however, it was next assumed that provision ought of the currency depended the regularity and safety of all to be made immediately for the expiration of the charter. the exchanges, which constituted the business and prosThis assumption, too, was made in the face of legislative perity of society; which gave to the rich the avails of their declaration-a part of the bank charter appropriating two property- -to the poor, of their labor-which was their years after the expiration of the charter for this purpose. The two propositions assumed that the charter was to expire, and the provision for this event to be immediate; the inference next to be drawn was, that the removal of the deposites was to form the instrument of this provision, which was, of course, to be in the hands of the Secretary. So that here was a determination of the public will collected, not through the appropriated organ for such purposes, but against the declaration of that organ! Derived from an election of the President! Had we ever heard of a mode of this kind of collecting public sentiment, on subjects appropriated to the legislative authority? Not in this country, indeed, but enough of it in others, whose calamities had made it familiar, in which this mode of appeal, not only beside and above the organized forms of the government, but against these, had been made the instrument, in discord and violence, to overwhelm the Governments. The first revolution, or what is called the rebellion, in England-the first revolution in France, not to mention other instances had inscribed this instructive lesson, in the pages of their history, in characters of blood. fund of property. If currency were artificially degraded, according to the degree of it, men were ruined through delusion. If artificially enhanced, they were ruined through pecuniary distress. There was no subject of public concern, too, in regard to which the interference of authority could be so little guided by adequate knowledge, and in regard to which, therefore, it was more likely to lead to mischievous results. This truth was now admitted every where. It had especial application, however, to our country. For our currency was composed, in a greater degree than had taken place in any other country, of credit as dis. tinguished from coin. The most essential purchases of the produce of our lands and labor, on which the prosperity of every man depends, were transacted by credit, and credit principally furnished by banking institutions, in their usual modes of discount of private notes and bills of exchange. These institutions formed a great and most complicated machine, the parts of which were intimately and indissolubly connected; as, besides taking the paper of each other to some extent, they dealt with the same persons. DeIt was the conclusion, however, to which this doctrine rangement in any one part of the mechanism necessarily was one of the conducting propositions, that chiefly chal- produced the same effect on other parts. Each member, lenges remark. If the non-renewal of the bank charter therefore, had to have its operations adapted in some dewere pronounced, and provision to be made for that result gree to, and determined by, those of the other members at once, through the medium of the removal of the depos- which were in relation with it. All banks measured their ites, this matter fell under the control of the Secretary of discounts and contractions of discount, to a great extent, the Treasury. All the authority and arrangements, not a by those of other banks. Of this great complicated malittle extensive and important, which the procedure re-chinery, the Bank of the United States had become the quired, belonged to him. And what were the authority and arrangements it did imply and require? The law incorporating the bank allowed the institution to proceed, without arrest of its operations, till the end of the charter; and then it was allowed two years more to wind them up. The first exercise of authority, in the present instance, was to decide that it must be made to commence the winding up of its operations two years earlier than the first period, the end of the charter. principal and controlling spring. It did not matter whether this state of things were desirable or not, as to the present inquiry; the fact was so. The Bank of the United States was the principal instrument by which the currency was kept uniform, and the exchanges of the country, the soul of its prosperity, in activity. A blow struck on this institution, therefore, by which it should be compelled suddenly and violently to contract the facilities it had been affording to the community, must be felt by every bank in the community, as they were all in relation with it, and This was the first assumption of legislative authority. It every interest in the community. The removal of the dewas by no means the most considerable. When the treas posites was such a blow struck on the Bank of the United ury established by law, in the bank and the branches, States, and had been felt by every bank, constraining all where there were branches, was broken up by the re- of them to increased caution in their grant of facilities, if moval of the public moneys, the establishment of another not to the contraction of those already granted; and through treasury, which in our extensive country must embrace this medium of contraction, or the fear of it, every interest many branches, was required. This was no simple affair, in the country had been affected, and that most injuriously, as regarded the arrangements or responsibilities. New as could not be denied. banking institutions had to be selected; their solvency and This, then, was the office which had been assumed by fitness had to be ascertained; contracts had to be made the Secretary of the Treasury, of regulating this im VOL. X.-166 H. OF R.] Removal of the Deposites. [FEB. 5, 1834. portant action and influence, as far as control over the de- conflict of banking operations was calculated to produce. posites would go, (and this was a great way,) of the Bank In no respect, then, could the deposites of the public moof the United States, on the commercial interests of the neys in the State banks be equivalent to their continu community. Dismissing from view the enormity of an ance in the Bank of the United States; the supposition of officer, appointed for the mere administration of the affairs which, honestly entertained, had led, he was convinced, to of the treasury, assuming on himself such an office, let the this mistaken and mischievous operation of the Government, inquiry be into the wisdom he had displayed in the exercise This led to the consideration of the question of the res of the office. The public distress which had followed on his toration of the deposites, regarded as standing on a footing act-great, admitted, growing-the end of which no man distinct from that of the removal. Supposing the removal, could see-was the best and the sufficient answer on this as was said, a mistaken proceeding; would the restoration point. The occurrence of this distress was in no degree ac- retrieve, and would it not renew, the distress which was cidental, though the degree in which it actually had occur- experienced? Would not the distress always be the same, red could not have been foreseen, certainly. The removal of from compelling the Bank of the United States to wind up? the deposites was obliged to produce a great contraction of This view of the subject, by which many persons had been accommodation of the bank to the public, unless its direc- really misled, was founded on an inaccurate conception of tion was devoid of capacity for their office. The only the mode in which the distress had resulted. It excluded question that could arise would be as to the amount of this from a just consideration the influence which the suddencontraction. The declaration in the report, that the bank ness and temper of the removal, scarcely less than the ought to have gone to the Treasury, which had struck the evil itself, had exerted. Was it an element unimportant, blow at it, to consult on this subject, was like that other in estimating the effect of this operation, that it had been declaration of the same paper, that "it was bound to con- announced on the 18th of September, to commence thirsult the general good, rather than its private emolument, teen days afterwards? Was the consideration of less influif they should happen to come into conflict with one an- ence, that the operation was conceived to have been dicother." Such sentences of puerility were proper ear- tated in a temper towards the bank, which would force it marks of the just character of this paper. into a position such as if a blow had been dealt by an ene The charges made in the report against the bank, as re- my? The persons involved in deep engagements with the garded that part of its conduct connected with the expan- banks constituted, and to a great extent, by means desion and contraction of its accommodation, were incon-rived from these engagements, the immediate market of sistent. It was arraigned for the profusion of its accom- the country. If the Bank of the United States, influencmodation from December, 1832, to August, 1833, and ing, as its mode of operation did, very essentially, the opthen for the violent contraction of it. But, if the first of erations of all the other banks, were to expire at the terthese proceedings had been warranted, then the last was mination of the charter-a known period two years disnot only warranted, but required. Expansion, which had tant—opportunity would be afforded for preparation to been excessive, surely justified and demanded a corres meet these important engagements, without distress to the pondent corrective process of contraction of its accommo-parties, or consequent embarrassment to the commercial dations. The only blame could be for the degree to which operations which depended on them. this process had been carried, which had not been disproportionate. The Bank of the United States could have no motive, nor indeed had a motive, of interest, opposed to any prepara tion for its close by harsh operations on the dealers with it. Its winding up in a regular way would have been attended with no shock, and, though not without some, yet moderate distress. Alleviation would have been found, too, for this distress, in the constant and correspondent return of the payments into the bank on the market, in purchases, or other forms of loan. There would be no occasion, as now, to retain them. The State banks would not be restrained from accommodating freely, by the great obstruction, the fear of the operations of the United States Bank, which was the effectual bar on their liberality in this respect; augmented, of course, in force, whenever the Bank of the United States was put in a position which made its course of operation uncertain, as must be the case when The gross error of the Executive, on which its proceedings had been based, was the idea that the accommodation derivable from the deposites of the public moneys would be equivalent, in the State banks, to what the Bank of the United States could afford to make it. This was, indeed, a singular defect of just conception on the subject. The accommodation to be granted on deposites was not a fixed sum, nor in any fixed proportion to the amount of the deposites. It varied with a great variety of circumstances in the condition of the bank itself, of other banks, and of the commerce of the country. It was a general proposition, however, that could not be contested, that a bank of large capital, and a commanding position like that of the United States, could issue, in a much larger proportion, on a deposite fund, than banks of smaller capital and in-threatened with hostility of the Government. There would ferior position. soon be room, also, for more enlarged accommodation by The cause of this was obvious; they had much larger those banks, in the proportion in which the Bank of the resources to sustain the consequences of mistake and over- United States should withdraw its credits. So, too, would issue, if they should be betrayed into error in this respect. there be for the establishment of other State banks to fill The State banks, favored by the transfer of the deposites, the chasm of the United States Bank; a relief which, not might even find themselves unable to extend their accom- only the want of room, but the uncertainty and peril of modations at all, in consequence of this aid, if a great the times to set up in, would preclude, till the chasm had bank, like that of the United States, was under a large and occurred. All these were causes why the winding up of rapid process of withdrawing its accommodations. Why? the Bank of the United States, in a regular way, without The issues of those favored banks, as fast as they went any forced operation, would have been attended by no out, would be absorbed by the great bank, in the pay- such condition of distress as we were now witnesses to. ments it would be receiving; to meet which, indeed, this The same alleviating causes would operate, though to new accommodation would be chiefly wanted, and these somewhat a diminished extent, if the forcible operation issues be immediately returned on their parent banks. which had been brought to bear on the Bank, by the reThe State banks, not favored, would be equally withheld, moval of the public moneys from it, were arrested now by from the same cause, from the increase of accommodation, their deposite there in future. The Bank of the United and probably be compelled to contract it. Even the States must, in that event, enlarge its accommodations. amount of private deposites, and of any accommodation The other banks would be relieved from restraint, in rewhich, in ordinary times, might be granted on them, would gard to accommodation. Time would be afforded for suffer reduction, from the confusion and alarm which this every interest to meet the event of the expiration of the 2645 FEB. 6, 1834.] Extension of the Pension Laws. [H. OF R charter. When the event came, the reabsorptions of the in former times, carry confidence to patriots contending United States Bank would be immediately returned for for their principles. Virginia bade the associates who relief, in purchases, new loans, or aid in the establishment were willing to do battle with her in this cause, in the lanof new banks. guage of the great Henry, to "rally to her white plume." There were the strongest reasons, then, for the restoration of the future deposites to the bank; and what were the considerations opposed? Two: the fear of the recharter of the bank, and jealousy of the triumph it might seem to obtain in a conflict with the Executive! How was the recharter to come? By the distress growing out of its operations, which would demonstrate the necessity for it? Then withdraw the motive, or the pretext for the operations which were the source of distress; and the operations Mr. PEYTON was successful against half a dozen commust be corrected, from the absence of occasion for them, or the fear of odium, and the danger of the recharter ob petitors in obtaining the floor, and spoke for some time viated. If continuance of suffering from a position of the in reply, especially to the speech of Mr. McDUFFIE at bank, the necessity of which was ascribed to the removal the commencement of the debate. Before he drew his of the deposites, were to be added to the indignation which remarks to a conclusion, he gave way for a motion to admany indulged at the supposed wrong done to the bank, journ; which, though resisted by Mr. CRAMER, who and undue assumption of power by the Executive, how demanded the yeas and nays, (which the House refused to order,) succeeded, and the House adjourned about could the recharter of the bank be prevented? It was three o'clock. this manifest result of persistence in the policy of the Executive which furnished one of the strongest arguments to arrest it, by reversal, and restoring the deposites in future! (for that only was proposed) to the custody which the law had established for them. THURSDAY, FEBRUARY 6. Mr. CHILTON's resolution on the extension of the Pen But the leading consideration for adopting this proceed-sion law, coming up again as the unfinished business of ing was, that it was due to the faith which the Government the morning owed to its contract with the bank; was due to the law Mr. CHAMBERS rose and said: The resolution now which had been perverted; and, above all, was due to the before the House, with the proposed amendment, has adjustment established by the constitution between the elicited so much discussion, and received so much attenIttion, that its adoption or rejection will probably express legislative and executive powers of the Government. was to restore the equipoise of these powers that the the deliberate opinion of the members on its merits. deposites ought to be restored. The Secretary had as- lieving that both principle and policy are involved in this sumed, on the basis of a declaration of the public will, fur-question, of no ordinary interest, I ask the indulgence of nished by an election of the President, that the bank was the House whilst I submit the reasons which shall influnot to be rechartered, but to expire; that provision was to ence my vote. Be be made for that event through his Treasury power; and At any other time than this, when Congress and the that this power involved incidents which not only compre-nation are engrossed with the absorbing question of the hended large legislative authority, but some of these trans- currency and public distress, the question involved in this cending the limits of the proper legislative authority. resolution, and the legislation to which it might lead-of These were the ills which claimed redress and repression an expenditure, probably, of millions of dollars—would for the future at our hands, by the only effectual mode-have been considered no ordinary question; and though undoing the act which had brought them on us, and blot- it be now comparatively of minor interest, yet it is of such interest as to deserve the grave consideration of this ting out the precedent it would constitute, if not effaced. Another consideration was, least of all, to be forgotten, House. The discussion has been chiefly confined to the in connexion with this part of the subject, which went advocates of the original resolution. From honorable memfurther than any other, in his (Mr. A.'s) mind, to bers of several of the western States we have had eloquent deepen the color of the Executive proceeding, and had, encomiums on the valor, services, and merits of the surindeed, been the mainspring of the lively excitement to vivors of those who participated in the Indian wars from which he acknowledged himself to have been awakened 1783 to 1795. Eulogies have also been pronounced in in relation to it. It was, that the proceeding had been commemoration of those who are no longer with the liv adopted with the manifest purpose of eluding the appro-ing, and whose names are said to be associated with priate action of the Legislature on the subject. Not only hills, streams, and battle grounds, that are monuments to the time of adoption, but the haste and immaturity of the their patriotism and valor. These panegyrics on the arrangements admitted to be necessary, put this beyond living and the dead, who perilled their lives and property question. With this speaking characteristic to mark the in wars with a savage foe, are calculated to arouse the sct, the barrier had been levelled which fenced the public sympathies and enlist the feelings of the members. purse from the custody of the Executive; and the call was one, I presume, has heard them with indifference; and now addressed to us, the deputed guardians of the law, many a member has no doubt felt his pride of American and sworn conservators of the constitution-to do what? character raised by the description we have had of some to raise up, to restore, to stabilitate this barrier? No! to of the heroes of those frontier wars, whose names are ratify the destruction of it! and it was said that this would but little known to fame, or in the general history of the be done. It might; and still there was no occasion for de-country. spondency. The spirit of the country, with which remedy would be found, was beginning to be aroused. No Whilst I listened with satisfaction to the description of some of those frontier campaigns, as given to the House It had slept, but was not dead. It would arise, like the by the gentleman from Kentucky, [Mr. HARDIN,] I relion provoked in his lair, or like the strong man after the gretted his reproachful allusions to Generals Harmar and locks of his vigor had grown out, and the pillars of power St. Clair. As their reputation has since been vindicated which stood around would be subverted. He was proud on this floor by others, I will only remark, that it is to be able to say, that the most decisive indication of this enough for me to know, at this distant day, that, with all arousing feeling of the country had spoken in the voice of their misfortunes, those generals possessed and retained his own State-that voice which he hoped would in all, as the confidence of Washington, than whom no one was H. OF R.] Extension of the Pension Laws. [FEB. 6, 1834. better qualified to judge of their courage, ability, and the Government to bestow its moneys as rewards, on unfidelity. known numbers of its citizens, for services, the measure Far be it from me to detract from the reputation of or extent of which is equally unknown to the members of those who were distinguished in those wars. I am dis- this House. Do gentlemen who advocate the original posed to honor the brave, whenever their bravery is on resolution state any authority or principle for this legisthe side of the law: and on this occasion I will presume lation that is received and maintained as the rule and that those wars were of savage origin, and that the blood policy of the Government? I do not ask or expect to that was shed by my countrymen was authorized by the be referred to any specific power or provision in the conlaws, and was in defence of their soil, or in the chastise-stitution in reference to this object. But to what class ment of a savage foe, who had slaughtered or taken cap- of powers does it belong? My friend and colleague [Mr. tive their families. DENNY] alleges that it may belong to the power to declare With the best feelings towards my fellow-citizens, ac- war and raise armies, and that, in the exercise of this tors in those wars, I consider myself, as a representative power, Congress may, to obtain officers and soldiers, of others, constrained by duty and responsibility to op- incite them by a promise of pensions. Certainly, Mr. pose the resolution of the gentleman from Kentucky, Speaker, it is competent to Congress to propose such [Mr. CHILTON.] It is not by legislation that the individ-terms and offers to those who enter their army or service; ual feeling and sympathy of the representative is to be but, when that is done, it is stipulation; and, when acindulged and gratified, unless those feelings are on the cepted, a contract, which determines the right of the side of right and duty. As representatives, we are as citizen, and the obligation of his Government. sembled to legislate for the people: as guardians of the The officer or soldier who has received from the Gornational treasury, we hold it in trust for the necessary ernment all that it stipulated to give and allow him for and reasonable expenses of the Government, under the his service, has no just claim on that Government, or any constitution and laws. If claims in this House are to de-cause to complain. pend on the feelings that may be excited, and not on I am well aware that some of those Indian wars were justice or right, what security is there against an extrava- recognised by the Government, and prosecuted under its gance and prodigality which, whilst it wastes the public orders. If so, the officer and soldier received the retreasure, will corrupt our citizens? muneration that was provided by law, and with that reThis hall is not the place for the exercise of generos-muneration they must be content. To what purpose is ity. However exalted the feeling may be, the represent-it that Government should provide terms of enlistment ative is not entitled to its reputation who is exercising and service, if the parties so engaging can call on the his generosity by legislating away the money of the na. Government, after the expiration of the service, for a new tion. No, sir; we have, and must maintain, another measure of remuneration, in the form of bounties and standard to measure rights and duties here than gener. pensions? osity. Parties, having claims on this Government of limited powers, must be satisfied with justice. The claims of individuals on the Government for services ought to arise out of some contract, engagement, or stipulation. If the individual gets what the Government contracted to give him, or a reasonable compensation for services rendered for and at the instance of Government, for which no express stipulation had been made, he has no cause to complain. When he has become disabled in the service of Government, by the accidents and perils of war, he may then be a fair object of pension from his country. If those in the service of Government are provided for on these principles, we then have some rule on the subject; but if Congress disregards such rule, and gives way to the undefined action of generosity and bounty, it will not be long before there will be a host of pensioned favorites, which will be followed by an empty treasury. It will be classes that at first may present themselves; but then individuals, availing themselves of some popular feeling of the day, or other favorable circumstances, will present their claims, and address themselves to the feelings and sympathies of this House. But again, sir, I ask, what are the precedents of the exercise of a like power by Congress? Though precedent in legislation, under a constitutional Government, is a species of authority not of a very high character; yet, is there any precedent of legislation by Congress carried so far as the pretensions of this resolution? There have been some instances of legislation in this House, under the influence of feeling. The donation made by Congress, in charity to the inhabitants of the city of Caraccas, of $50,000, was an instance of legislation under such influence, not to be forgotten. This, bowever, has been too much reprobated to be referred to as a precedent to guide and direct Congress; but may be used as a beacon to warn us of the danger of legislation under the influence of excited feelings. But we are referred to the precedents that are in the acts of Congress, providing pensions for the officers and soldiers of the revolutionary army. The situation of this class of our fellow-citizens was peculiar; their services were under circumstances that had not occurred before or since, and which cannot well arise again. The officers and soldiers of our revoluWith such opinions, I cannot approve of sending to a tionary war fought for principle. They performed the committee a claim so undefined and uncertain as that most arduous duties, and endured the severest sufferings, embraced by this resolution. It is proposed to extend for the right of self-government; not for themselves alone, the pension system, by this resolution, to those engaged but that every American citizen should have the right to in the Indian wars from 1783 to 1795. Who are those choose the representative who legislated over his perpersons? They have not asked either justice or bounty sonal liberty or rights of property. The revolutionary from the Government. Were they under the orders of officer and soldier encountered the greatest privations in Government? and, if so, has the Government withheld the service of a Government but half-organized, and what it stipulated to give? Are their names on the ar- bankrupt both in resources and credit. This army was chives of the General or State Governments? Is their period of service evidenced by any roll or document? or is it dependant on memory or tradition? exposed to the most inclement weather of winter campaigns, but half-clothed and badly fed, often without shoes to their feet, and without the means of procuring, Where is the authority or principle on which it is pro- either from the Government or by their own credit, the posed to bestow the public money on such claimants? necessary articles of clothing and subsistence. They -no, I cannot call them claimants, for they have preferred were paid by the Government in a depreciated paper curno claims. Are they creditors of the Government? No. rency, of no more value than the rags that covered them. There is no evidence or allegation of indebtedness by the The immense debt of the Government, and the want of Government to them. It is to be a spontaneous offer of resources that it could command, disabled it, after the |