SENATE.] Executive Powers of Removal. [APRIL 28, 1830. ministers in the recess of the Senate, forty thousand dol-strike off some forty or fifty mail routes, and thus deprive lars have been drawn from the treasury against the law the people in the scattered settlements of the means of and the constitution, without any earthly benefit, and for information, or the machine must stop. This is another no other ostensible purpose but to reward partisans, far of the effects of this retrenching, reforming administration. less qualified than their predecessors. In the collecting Two or three examples will serve to illustrate this conof the revenue, that "searching operation," what have duct of this administration. Florida is a Territory, not ten you gained? Fifty additional officers in this single depart-years old. The President was its first Governor; and when he left the Government, it is to be presumed, the officers were satisfactory. At the last election, this Territory had no political influence whatever. It had no vote, nor could it command one any where else. Its preferences for one of the other candidates could, therefore, have no effect on the election. ment. Yet we find that removals here Sir, in the faithful execution of this duty, of collecting money and payment into the treasury to mect the exigencies of the Government, and discharge the national debt, the people have a deep interest. This duty requires not only perfect fidelity, but long experience. The complicated machinery of the system is not to be learnt in a day; have been made with the same relentless proscription as it requires years. Now, if you make a general change if it had been in its power to settle the contest. Remov here, even if you supply the place of those removed with als--Navy Agent and Storekeeper, at Pensacola; Surveythe best men, it is morally certain that, from their want or of live oak timber, and Agent for its preservation; of experience, nothing but a miracle can save you from Postmaster, at Pensacola, and Marshal, two Commanders losses. of Revenue Cutters; Law Agent; Indian Agent; United Take the case at New York, where more than one-third States' Attorney, Collector, and Marshal, at Key West; of your whole revenue is collected; all your principal and Surveyor of Fernandina; Postmaster, at St. Augustine; twenty-five of your subordinate officers displaced, and and Collector, at Appalachicola--sixteen! and four other about the same number have been added. Here, besides Executive appointments made since the fourth of March the chief officers, you find fifty new ones, all without ex- last, to supply vacancies created by his own removals! perience, to manage that vast concern, so important to the Now, what other motive could have induced all this, but interests of the country. Will any one say, in sober car-that of rewarding hungry expectants, who could not be nest, that all this was for the public good? Under the provided for any where else? arrangement and severe discipline of Mr. Thompson, eve- I will go now into an opposite extreme of the United ry thing was done with perfect system-scarcely an error States--into Maine. When we arrived here, at the comescaped-the Government was perfectly safe, and no one, mencement of this session, every United States' office, perbut he who wished for an opportunity to violate the laws, haps worth ten dollars, was in the hands of the friends of had the least disposition to complain. Now, why is the the administration, except two, those of the Marshal and whole system subverted? Why is this dangerous experi- the Collector of Passamaquoddy. These two have been ment attempted, when all was so well before? It is for no since "reformed." I will give you but one other case. reason under heaven but to reward the minions of the Of the thirty-seven District Attorneys, seventeen have present administration. been removed, and three were postponed by the Senate of the last Congress to the fourth of March; that is, rejected, and others appointed in their places, making twenty. Of the thirty-six Marshals, there have been fifteen removals, and, as I believe, several postponements; insomuch that there are not now, perhaps, three of each of these offices held by men who were either neutral or in favor of Mr. Adams's re-election. I will here make a single remark, which will clearly illustrate this policy. President Jackson has made more than twice the number of removals, of his own appointments, in one year, than Mr. Adams did in four, of all the officers of the Government. Sir, if your party had talents, and, as a general remark, I do not think they are overburthened, is it possible that a machine, so complicated as the Treasury Department, can be successfully managed with raw hands? Can mere "land lubbers" navigate the ship? I put this question to experienced statesmen, to Senators; and I ask them frankly, if, in all this, they can see any thing of public good? What has been gained, I ask, in removing one thousand connected with the Post Office Department? Mr. McLean was no partisan, and certainly he had done nothing to throw the influence of his department into the hands of the late administration. What good motive could have in- In addition to these wonderful improvements, we find duced this universal proscription? Every post office, that some fifty or sixty editors of newspapers have, for whose emoluments are worth even less than ten dollars a their loyalty, been engaged to assist in this work of reform. year, if he has not huzzaed for the chieftain, is hunted Petty editors of country newspapers are made "Secord down as a ferocious wild beast; and every hole, every cor- Comptrollers" and "Fourth Auditors," and Amos Kenner, is searched for this small game. All this, I suppose, dall wields the trident of Neptune, and holds in his hands is "retrenchment;" and yet we learn that more officers the destinies of that navy which has triumphed in every must be provided, or this sapient chief of this new de- sea, and unfurled "the star spangled banner" in the face partment cannot make the machine work. Now, this is of every maritime nation on earth. Sir, in this aspect of not strange at all. The General Post Office is in utter our affairs, it is time to be a little serious, and to ponder confusion; every thing is in error, and "sixes and sevens:" well. The press was intended to be, and once in reality the assistants and clerks have been running against each was, the palladium of our liberties. It was the press of other, and have got into such confusion, that they do not know where to go or what to do, and very prudently conclude, therefore, to stand still and do nothing. defaulter, is removed, and the money is lost. The Collector at Key West, a son of the late Mr. Pinkney, a very faithful officer, was removed, and a Mr. Thruston was appointed in his place. It is ascertained that Mr. Pinkney collected the revenue But this is not all; they are asking for money. Mr. Mc-there with one permanent and one occasional Inspector. The new Col Lean had made the post office support itself; and it has lector, with less revenue to collect, is allowed four permanent Inspectors. hitherto produced a surplus. In one year, we find that Dean appointed in his place. Money was advanced him by the Se The Marshal at Key West, Mr. Wilson, was removed, and a Mr. there is likely to be a deficit of one hundred thousand dol-cretary of State, by what authority I do not know. He soon proved a lars. Now, how does this come to pass? This question is easily answered-it is removing the experienced and faithful, and placing in their stead those who cannot or will not fulfil their duties. It is reported, too, that contractors have been remunerated beyond their contracts. At any rate, we are reduced to this: we must add one hundred thousand dollars to the funds of this department, or Captain Harrison had a wife and seven children in this District, [Georgetown.] He was commander of a revenue cutter at Key West. When he repaired to that remote and unhealthy station, he left an orfamily, and he himself to live on his rations alone. He was removed der that his whole pay should be appropriated to the support of his without the slightest cause that is known or even imagined, and a Mr. Devezac was appointed in his place. Such were his confirmed habits was, in a few weeks, obliged to remove him. of intemperance, that President Jackson, from regard to decency, APRIL 28, 1830.] Executive Powers of Removal. [SENATE. the people. If the Government should have attempted names. How? Must I sacrifice the rights of my constito subsidize or usurp it, the cry would have been "hands tuents to a fastidious delicacy? Have I a right here to inoff, touch not, handle not," it is ours. Editors are our dulge in affectation? No, sir, in man or woman, but most watchmen, our sentinels on the outposts of liberty. When in man, and, most of all, in man who assumes to sustain these can be seduced or bribed, the citadel is gone. It the people against their oppressors, I, from my soul, loathe has been asked, is an editor to be excluded from office? I answer, yes, so long as he remains such, unless the people, whose servant he is, shall select him. If he would serve the Government, let him first abandon our service, but let him not desert, and acquire honors at our expense. Sir, it is my deliberate belief that there is now no way to restore the press to what it was, and what, in every free Government, it always should be, but by carrying the principle out. all affectation. It is the object of my scorn-my implacable disgust. What! is man the only thing in God's creation that must appear in disguise? All nature else is ruled by unerring laws, penned by an unerring hand--the brutes even obey their god, and follow their destiny. Inanimate creation, those orbs which shine and sparkle around us, all concur to fulfil their great Creator's purpose. And shall man, the creature of an hour-man, whose "breath is in his nostrils," who to-day is, and to-morrow slumbering in But, be this as it may, certain it is, that rewarding the his humble tomb, and mingling with his kindred dustpartisan editors of the successful chief with high offices, shall he alone put on airs, and "play his antic tricks beis effectually corrupting the press. After this example, fore high heaven?" No-no. Let him speak as he thinks, what reliance is hereafter to be placed upon newspapers? and act undisguised--all else is rank hypocrisy and deceit. Those rewarded are to sustain the Government, right or Then, let us speak out, and speak the truth. The venewrong. Those striving for a change must oppose it in rable Melville was the last of the "tea party"--the last of every thing, pervert its measures, and abuse its motives."the cocked hats." He was always a republican, from the All editors, whose hopes depend upon the success of their destruction of the tea to the present moment, without "the respective candidates, will forget, in their zeal, their duty shadow of turning." He has been proscribed. To be sure, to the people, and no dependance can be placed on what he is not poor--he has, by his economy and fidelity, acquir they publish. Editors are but men, no purer than others; ed a small pittance-has a little change in his pocket to and, then, is not this the necessary result? bear his expenses on the small remnant of the road he has The specimens of reform, not yet noticed, are many, to pass, and from which "no traveller returns," to pay his but will be passed over briefly. You proposed to raise the toll at that gate which is very soon to be for ever shut after salaries of your district judges about fifty per cent., and him. But Elbridge Gerry-he was a republican from the this bill has passed the Senate. The House increased the first to the last. He was one of those fearless patriots, who compensation of the marshals for taking the census thirty-took their lives in their hands, and signed your Declaration three per cent., and the Senate raised it to a hundred. of Independence. He was one of the framers of this conYou have a bill before you, reported by the Judiciary stitution, the basis on which we now stand. He had been Committee, to establish "a Law Department," in obedience successively minister to France, Governor of Massachuto the recommendation of the President in his message, setts, Vice President of the United States, and President with a salary for the Attorney General of six thousand dol- of the Senate, occupying the very chair which you, sir, fill lars, and an assistant, clerks, and messengers, in the bar- with so much talent. He died here, and is slumbering yongain. Additional officers are appointed to your revenue der. He was poor and pennyless, as every honest Revocutters to increase their emoluments, when they are only lutionary patriot necessarily was. He left a widow, three to perform the duties which belong to the custom house helpless daughters, and a son, his own "image and superofficers, notwithstanding you have increased their number at least fifty. All these things constitute "reform" and "retrenchment." Reform on, and retrench in this way, and very soon you will reform and retrench the people out of both their money and their liberty! scription" in every thing. The patriotic and kind hearted Monroe gave this son an office, to which he was every way qualified, upon the express and special condition that he should appropriate the avails to the support of his widowed mother and orphan sisters. The pledge was fulfilled On another occasion, in my defence of New England, I to the letter. He even denied himself the ordinary conrecurred to this proscription which I have here exposed, solations of domestic life, without which nine-tenths of a and remarked that this administration had glutted its ven- man's happiness is cut off. He was never a political pargeance on the purest patriots on earth; that neither age, tisan; but he is swept off with a relentless hand, and the condition, sect, or sex had escaped. For this I have rc venerable relict of that departed Revolutionary patriot, ceived a rebuke from the Senator from Louisiana, by which with her helpless daughters, is cast off, in the winter of it appears that this language is too plain and too strong for her days, upon the cold charity of a cold and uncharitable the delicate sensibility of this very sensitive administration. world. Need I go farther, to prove that every age, con Our friends have been swept off by hundreds, aye, thou-dition, sect, and sex had become the victim of this relentsands: we have not been permitted to know or even to ask less tyrant? Sir, let the Senator from Louisiana compare for the cause, and now we are to be denied the poor con- the expression with the facts, and answer the question himsolation of complaining. It appears that I spoke in a tone self, if every word I said is not justified? I take nothing that was not acceptable to that Senator. I regret exceed-back-it is all true-I have proved it all. ingly that the sound of my voice does not better harmo- I again repeat the inquiry-What have you gained? The nize with his refined taste. But he should recollect that | President, in his message, proposed certain important meaour conditions are very different. He was brought up sures for the consideration of Congress. One was a modiat the feet of Gamaliel,” received his education in the first fication of the Judiciary, dividing the courts into two equal city, and has since been improving it in the most polite and parts, each to hold the sessions alternately, so that the maaccomplished city in the Union. I am from the woods jority of one-half might settle the constitutional law, and the yonder, “a plain, blunt man, who speaks right on," and, perhaps, tell you only what you yourselves already know. I have no city airs, nor city management. I have no fashionable modulation of voice; no "attitude, nor stare, nor start, theatric practised, practised at the glass." But, sir, as to the substance. Is it not true that the Executive has glutted its vengeance upon the purest patriots on earth; that neither age, condition, sect, or sex has escaped' I shall speak plain-call things by their right majority of the other half might, at the next session, unsettle it. It is some consolation, that no lawyer in either House has had the courage, so far, to hazard his own reputation, as even to propose an inquiry into the expediency of adopting such an absurdity. Another (the conceit probably of the arch-Secretary of State) was to dispense with the United States' Bank, and to substitute another, based upon the public revenues. The officers, I presume to be the creatures of the Execu SENATE.] for ever. THURSDAY, APRIL 29, 1830. tive, and the management and facilities to suit his purpose, and conform to his will. A President, with unlimited discretion in removals and appointments, the army, navy, post office, the press, and this bank, at his control, has on- On motion of Mr. FOOT, the bill from the House of ly to will it, and he is the tyrant. It is done, it is finished, Representatives "declaratory of the several acts to proand the liberties of the people are gone. Thank vide for certain persons engaged in the land and naval Heaven, that scheme has got its quietus. service of the United States in the Revolutionary war," Another "reform" was, to establish a law department, was resumed, with the amendment of the Pension Comthe Attorney General its chief, with an assistant, and all mittee. the other paraphernalia. This is knocked down. The Indians were to be removed from the limits of the States. This is uncertain. A free trade with the West Indies, and other British provinces, was promised. This has ended, as every rational man believed it would, in smoke. Mr. FOOT explained at large the object of the bill as it has been proposed to be amended by the Committee. Mr.HAYNE said, this was a bill similar in its character to that which was brought forward during the last session of Congress, and which was then known by the significant appellation of the Mammoth Pension bill. Under the speThen, what is the sum and substance of all you have cious pretext of paying a debt of national gratitude to the done, but to remove good men from office, and put bad soldiers of the Revolution, it was calculated to empty the ones in their stead? Give us a solitary instance where treasury, by squandering away the public treasure among there has been a single improvement in favor of the in-a class of persons, many of whom, [said Mr. H.] I do terests and liberties of the people, one principle in which verily believe, never served in the Revolution at all, and your own party shall all agree, and I consent you take it others only for such short periods as hardly to entitle them for your text. to praise. I will yield, sir, to no gentleman here, in a It was my Sir, I might go on, and perhaps repeat cases to the Se-deep and abiding sense of gratitude for Revolutionary sernate even as flagrant as these; but I have exhausted my-vices. Brought up among Revolutionary men, I imbibed self, and, no doubt, the patience of the Senate. I have in my infancy, and have cherished through life, a proomitted many things which I intended to say. found reverence and affection for the whole race-feelobject to open the eyes of the people, that they might seeings which will descend with me to the grave. their danger. This is a crisis in our affairs; it is a state But, sir, when the attempt is made to thrust into the of things unparalleled in our history. Look at the conse- company of the war-worn veterans of the Revolution, a quences. The distresses of the proscribed are compara-"mighty host," many of whom, probably, never even saw tively a small matter. The public interest is put in jeo- an enemy; when a door is to be opened wide enough to adpardy by displacing experience and fidelity, and substitut- mit mere sunshine and holiday soldiers, the hangers on of ing mere partisans, without regard to qualifications. But the camp, men of straw, substitutes, who never enlisted if these were all, I should not despond. The principles until after the preliminaries of peace were signed; when, inculcated are most alarming; the right of the sovereign after having omitted to pay the debt of gratitude really to do all this, "of his own mere motion," which is so ob- due to the honest veterans who toiled through all the sequiously yielded; the unlimited, illimitable discretion so hardships and dangers of the great contest, you now prounquestionable; these are the " signs of the times" which pose to give the rewards earned by their blood, with so induce the most gloomy forebodings. If this discretion profuse a hand as to enable all who ever approached the were only surrendered to a discreet man, we might be camp to share them; I must be permitted to say, that neisafe for the present, though we should look out for the ther my sense of justice, nor my devotion to Revolutionfuture. But, strange as it may seem, it is yielded to the ary men, will suffer me to lend my aid to the consummalast man to whom it ought to have been confided--one tion of the injustice. Sir, I know that deep as have been who has always gone to the utmost bounds of the constitu- the wounds inflicted by the chilling neglect experienced by tion, and, in the opinions of very many, has often trans-many of these gallant officers of the army who fought gressed them. It is the time, above all others, when we your battles throughout the war of the Revolution; keenly should have kept a jealous eye upon the exercise of Ex- as they have felt the injustice which delayed, until a reecutive power; and yet this very period is selected to sur-cent period, to satisfy their just demands, founded upon render every thing. There seems a mysterious apathy, a contract, none of these things, nor all combined, have insleepy carelessness, a lethargy, a paralysis, in the public flicted so deep a wound upon their feelings, as the admismind. A dark and dead silence reigns in your Executive sion, to all the honors and rewards of the Revolution, of Your chief sits in sullen mysterious reserve, en-persons who shared few of the hardships, and none of the trenched behind "his high responsibility," issuing his perils, of the war. He who toiled through the heat of the fierce decrees, and immolating his victims with cold-day has found the evening feast spread out for those whom blooded indifference, and we dare not ask him why? We, he knew not in the camp, or on the field of battle, and the Senate of the United States, are so fallen, that we whom he never saw till he found them at the festive board cannot summon the firmness to whisper this single mono- provided by the gratitude of the country. syllable in his royal cars. Is this a reality, or is it a dream? Sir, I am informed, from the highest authority, that, If what we now witness had been presented to my mind when the pension bill of 1818 was before Congress, proin the fantastic visions of the night, the dream would have|viding for the "nine months men," a gallant veteran of awakened me, and I should have started from my pillow the Revolution, then a member of the other House, was halls. with horror, Sir, I have done. I make no apology for detaining you thus. I have, so far as my feeble talents would permit, performed a duty which I owed to myself, my country, and my God. so indignant at its provisions, that he declared he considered the soldiers who had served throughout the war as dishonored by a law recognising, as equals, the class of persons who would come in under that bill; and such, I have reason to believe, was the general sense of all such men throughout the country. Note. It is proper to remark, that, in this contrast of the removals in this and the other administrations, I have con- It has been my pride and pleasure, on all proper occafined myself to civil officers. When the speech was made sions, to manifest my gratitude for the heroes of the Revoin the Senate, it so stated, but is here inadvertently omitted. lution, not merely by professions, but by the most uneMr. GRUNDY then moved, without comment, to post-quivocal acts. Here and elsewhere, my efforts have not pone indefinitely the further consideration of the resolu- been wanting to manifest the sentiments by which I am tions; which motion was decided in the affirmative, 24 to 21. | animated. But, in refusing to support such a bill as this, APRIL 29, 1830.] Pension Laws. [SENATE. I am conscious I am only doing that of which the veterans and "who, by reason of reduced circumstances, shall of the Revolution themselves, if they were here present, would cordially approve. In doing justice to the country, I am also doing justice to them. stand in need of assistance from their country for support." [See act of 18th March, 1818.] Here, it will be seen that the principle which limits pensions to disabilities incurred In the further examination of this subject, I propose in the service is abandoned, and length of service and po[said Mr. H.] to take a brief review of the pension system verty are made the conditions on which pensions are herein this country, and to point out the new, extravagant, and after to depend. The history of that bill, as I have heard alarming provisions which it is proposed, by this act, to it from the lips of those who were actors in the political introduce into that system. scenes of that day, is not a little curious. All agreed that The people of the United States, even before the Re- the operation of the bill was to be confined to those who volution, had imbibed a deep-rooted and settled opposition had, during the Revolution, given up their private purto the system of pensions. suits, and devoted themselves exclusively to military ser In the country from which they had emigrated, they vice. No one imagined, for a moment, that any person found it operating as a system of favoritism, by which who had rendered casual services merely; men who had those in authority made provision, at the public expense, only shared, in common with all the other citizens of the for their friends and followers. In Great Britain, pen-country, the dangers and sacrifices of the times, were to sions have long been used as the ready means of providing be the objects of public bounty. The original proposifor the "favored few," at the expense of the many. This tion, therefore, was to confine the provisions of the bill system affords the most convenient means of appropria-to those who had served in the regular army, either duting the industry and capital of the laboring classes, for ring the war, or for a term of three years, and who stood the support of those drones in society, the "fruges nati in need of assistance from their country for support. consumere," who occupy so large a space in all refined, But, sir, in the progress of that bill, it was discovered civilized, and christian countries. Our ancestors had that, in a certain quarter of the Union, a number of solseen, and severely felt, the effects of such a system, which diers had been enlisted for a term of only nine months, necessarily converts the great mass of the people into the and, to cover their case, "three years" was stricken out, "hewers of wood and drawers of water" for the privi- and "nine months" inserted. Sir, no one foresaw the leged orders of society. When our Revolution commenc-consequences of that measure. It was supposed that even ed, therefore, a deep, settled, and salutary prejudice this provision would include only a few hundred men. against pensions almost universally prevailed. On the The whole charge upon the treasury was estimated at one recommendation of General Washington, however, Con-hundred and sixty thousand dollars. And, seduced by gress had found it necessary to provide that the officers this expectation, and by the popular cry of "Justice to of the regular army, who should continue to serve to the the old soldiers," Congress were persuaded to pass a end of the war, should be entitled "to half pay for life." bill which they were assured could not make any very So strong, however, was the prejudice against pensions, considerable addition to the pension list, which would be that the officers entitled "to half pay for life," found it lessened from year to year, and would soon cease to exist. necessary so far to yield to public opinion as to accept of And what, sir, was the result? What a lesson does it read a "commutation," in lieu thereof, of five years' full pay, to legislators! How forcibly does it admonish us to a debt which was not finally discharged, according to the weigh well the provisions of this bill, before we undertrue spirit of the contract, until about two years ago. take to enlarge or extend the pension law of 1818. I have applied to the Pension Office for information on this subject, and hold in my hand the official report of the officer at the head of that department. In giving the result, I shall not aim at minute accuracy. In 1806, provision was made by law for pensions to all persons disabled in the military service of the United States during the Revolution; and, in 1808, the United States assumed the payment of all the pensions granted by the States for disabilities incurred in the Revolution. The number of applicants for pensions, under the act And, from that time to 1818, the principle was settled, of 1818, considerably exceeded thirty thousand! a numthat all persons disabled in the course of military service ber greater than that of General Washington's army, at should be provided for at the public expense, and the any period of the war; exceeding the whole number of United States took upon themselves the payment of pensions soldiers that could be supposed to be alive in 1818. Notto such persons, "whether they served in the land or sea ser- withstanding the "rigid rules" laid down by the Departvice of the forces of the United States, or any particular State, ment of War, it was found impossible to exclude the apin the regular corps, or the militia, or as volunteers." Here, plicants. Upwards of eighteen thousand were admitted then, was the American pension system established on a and placed on the pension roll, one-third of whom, at fast and sure foundation. The principle assumed was not least, (as it afterwards appeared) had no claim to be there. merely gratitude for services rendered; for that principle The claims of upwards of twelve thousand of the applimust have embraced civil as well as military pensions, and cants were found, even at the first examination, to be enis broad enough to admit all the abuses that have grown tirely groundless, and were accordingly rejected. The up under the pension system even of Great Britain. Our money required to pay the pensions was found to be, not principle was, that pensions should be granted for disa- one hundred and sixty thousand dollars, as had been estibilities incurred in military service--a measure deemed ne- mated, but between two and three millions. The very cessary to hold out those inducements to gallantry and first year, Congress had to appropriate for pensions, under deeds of daring which have been found necessary in all the act of 1818, one million eight hundred and forty-seven other countries, and which we have, perhaps, no right to suppose can be safely dispensed with in ours. Here, then, we find, that, up to the year 1818, the principle of our pension system was disability, a wise and safe principle, limited in its extent, and almost incapable of abuse. thousand nine hundred dollars; and the next year, two million seven hundred and sixty-six thousand four hundred and forty dollars, which, with the appropriations for invalid pensions, made the whole amount appropriated in that year for pensions, three million one hundred and eight thousand three hundred and three dollars. And no one In 1818, however, the Representatives of the people, in can tell to what extent these appropriations would have Congress assembled, seem to have been seized with a sud-been carried, if Congress had not interposed to correct den fit of gratitude for Revolutionary services; an act the evil. The whole country had become alarmed. No was accordingly passed, which provided for pensioning one doubted that an immense number of persons were reall who served in the army of the Revolution for the ceiving pensions, who had no claim to them whatever. term of nine months, or longer, at any period of the war," Men who had never served at all, or for very short pe riods; men who had given away their property to their children, or conveyed it in trust for their own benefit; in short, every one who was old enough to have served in the Revolution, found little difficulty (notwithstanding the rigid rules of the War Department, of which we now hear so much complaint) in getting themselves placed upon the pension list. [APRIL 29, 1830. tended to change the pension system, but merely to correct some misconstructions of those acts on the part of the officers of the War Department. If, sir, I shall be able to show that there have been no such "misconstructions," and that there exists no necessity whatever for any "declaratory act," will I not have a right to expect that gentlemen who now support this bill To rescue the country from this enormous evil, the act will at once abandon it? I know, sir, the expectation of 1st May, 1820, was passed, which, without changing the would be vain; for the truth cannot be disguised, that it is terms and conditions on which pensions were to be grant- the real object of this bill greatly to enlarge and extend ed, (still requiring service "for a term of nine months,' "the pension system, by the introduction of new, and, as I and indigent circumstances,") yet provided guards against believe, most alarming provisions. This is no declaratory frauds, by requiring every applicant to submit "a sche-act. The acts of 1818 and 1820 provide that pensions dule of his property," and to take the necessary "oaths," shall be granted to persons who served in the regular ar&c. Sir, under the provisions of this act, intended only my of the revolution, on two conditions: 1st, That they to prevent frauds, upwards of six thousand persons were should have served for a “term of nine months or longer, stricken from the pension roll. Two thousand three hun- at any period of the war;" 2d, That, by reason of reduced dred and eighty-nine never even presented a schedule, or circumstances, they shall be in need of assistance from made an application under this act; and the Treasury was their country for support." Now, sir, what are the "misthus relieved from a charge of a million of dollars per an- constructions" which make a declaratory act now necesIt is alleged, num. sary. Now, sir, with the experience afforded by this case, one would really suppose that the very last thing that any First, That "the term of nine months service" has been statesman would propose would be still further to enlarge required by the Secretary of War to be a "continuous and extend the provisions of the act of 1818, again to un-service;" and it is proposed to provide that an applicant lock the Treasury, which was wisely closed by the act of for a pension "shall be deemed to have served for the 1820, and subject it to a charge similar in character, and term of nine months, if he shall have served nine months probably much greater in amount, than was imposed by under one or several enlistments, whether continuous or that law, and to open a wide door to all the evils, aye, and not. much greater evils than were experienced by the counAnd it is alleged, try under the operation of that act. Secondly, That, in examining the "circumstances” of I will put it to the chairman of the committee who reported applicants for pensions, no fixed amount of property has this bill: Is he satisfied of the wisdom and justice of the act of been considered as conclusive of" indigent circumstances," 1818? The gentleman says, "it ought never to have been but the character, habits, place of residence, family, &c. passed." Well, sir, while the gentleman acknowledges that &c. have all been taken into account; and it is now proposed that act was impolitic and unjust, and "ought never to have by the bill from the House of Representatives, to provide that been passed," how can he advocate this bill, which enlarges a man "shall be deemed and taken to be unable to support and extends every objectionable feature of the former law? Sir, if we have already taken a rash and unadvised step in this business, it is better for us to go back, or at least to stop where we are; but assuredly we ought not to advance and press forward in error, regardless of consequences. himself without the assistance of his country, if the whole amount of his property, exclusive of household furniture, &c. shall not exceed the sum of one thousand dollars, all debts from him justly due and owing being first deducted." By way of guarding against frauds, it is added, "that the I come now to the examination of the character of the applicant shall not be required to show what his circumproposed measure. We have before us two bills: the stances or condition in life were, or what property he was first has already passed the House of Representatives; the possessed of at any time prior to the passage of this act;” second is proposed as an amendment, by the Committee of the plain interpretation of which is, that, if any man, bePensions of the Senate." They both purport to be acts fore this act receives the sanction of the President, shall merely declaratory of the acts of 1818 and 1820, and they give away his estate to his children, he shall, notwithstandare supported on the avowed ground that they are not in- ing, have his pension. Now, in what respect has the act of 1818 been "misThe bill from the House of Representatives proposed, construed?" How far are the bills before us "declara1st. That the applicant for a pension shall be deemed and taken tory?" It is alleged that service for a "term of nine to be unable to support himself without the assistance of his country, if the whole amount of his property, exclusive of his household furni- months" does not imply nine months continuously. But I ture, wearing apparel, the tools of his trade, and farming utensils, apprehend they can only relate to continuous service unshall not exceed the sum of one thousand dollars, all debts from him der one enlistment. A term is a technical phrase, and, justly due and owing being therefrom first deducted," &c. 2diy, "That, whenever the granting of such application shall when applied to judicial or military service, always relates depend upon the term of service, such applicant shall be deemed and to an unbroken period of time. The term of a court, we taken to have served for the term of me months or longer, if his all know, has this signification; and, in military language, continuous service was nine months or longer, notwithstanding his enlistment may have been for a shotter time than nine months, and the term of service" relates to the period of a soldier's notwithstanding he may, during any portion of his said term, have continuous service under one enlistment. That it was so been taken and detained in captivity." 3dly. That the regular troops of the several States, &c. shall be deemed and taken to have been on the continental establishment, but nothing herein contained shall be construed to include in said class of Sate troops the militia of the several State ." The amendments proposed by the committee of the Senate embraced, in substance, the following provisions: 1st. "That the applicant shall be deemed and taken to be unable to support himself without the assistance of his country, if the value of his property contained in the schedule now required by law shall not exered the sum of one thousand dollars," 28. “That, whenever the granting of such application shall depend upon the term of service, &c. such person shall be deemed to have served for the term of nine months or longer,' if he shall have served Hine months or longer in the continental establishment, at any period during the war, whether contmuons or not," &c. 3d. That the State troops shall be entitled to pensions, as propos. ed in the bill from the House of Representati:es." used in the law, is obvious. The truth is, this provision So far, therefore, as this bill relates to "the term of service," it is not "declaratory" of the old law, but substitutes a new, and, as I think, a dangerous rule, for that |