H. of R.]

The Judiciary Bill.—Revolutionary Pensioners.

day, as when it would be discussed in a Committee of the Whole.

Mr. TUCKER said, there were other subjects to be considered besides those embraced in the amendments. He said he would persevere in his motion to refer the subject to a Committee of the Whole.

Mr. POLK trusted that the House would support the motion of the gentleman from Massachusetts. He made a simir suggestion to Mr. TUCKER to that made by Mr. CAMBRELENG.

In reply to an inquiry made by Mr. CLARK, of Kentucky, the SPEAKER said, if the resolution was made the special order of the day for Tuesday next, it could not be discussed beyond the usual hour devoted for considering resolutions.

[MARCH 17, 1830.

Mr. CHILTON said, the adoption of the amendment would produce much uncertainty at the department, and Mr. BATES replied.

The question on the amendment proposed by Mr. BATES, was decided in the affirmative: yeas, 67—nays,

49.

Mr. SILL moved to amend the bill by adding to the first section of it the following words:

"And no applicant for a pension, under the provisions of this act, or of those acts of which it is declaratory, shall be required to show what his circumstances and condition in life were, or what property he was possessed of, at any time prior to the passage of this act."

The amendment having been read, Mr. SILL rose, and observed that he offered the amendment under a firm-conMr. IRWIN, of Pennsylvania, said, that, to prevent gen-viction that, without it, the bill would be ineffectual in tlemen from extending this discussion further, he would affording the relief for which it was intended. He would move to lay the resolution and amendments on the table. endeavor to state, in a few words, [he said] the reasons On this motion the yeas and nays were ordered, and which induced him to propose the amendment, and the obwere as follows: ycas, 89-nays, 70. ject it was intended to effcct. To explain his views, it would be necessary to take a short review of the pension laws, the intent and meaning of which this bill is intended to declare.

WEDNESDAY, MARCH 17, 1830.

THE JUDICIARY BILL.

The Judiciary bill was taken up in Committee.

rose.

REVOLUTIONARY PENSIONERS.

The first general act for the relief of the soldiers of the revolution, [said Mr. S.] was passed on the 18th day of Mr. DANIEL addressed the committee in support of March, 1818. This act, as well as that of 1820, is predihis amendment and in reply to the arguments of the gen-cated on the principles of services rendered by, and neces tlemen from Connecticut; [Mr. HUNTINGTON and Mr.sity existing in the circumstances of, the applicant; they are ELLSWORTH] but, before he concluded, the committee intended for the relief of those who rendered meritorious services in the war of the revolution, and became reduced to such circumstances as rendered the aid of their country necessary for their comfortable subsistence. The act of On the motion of Mr. BATES, the House then resolved 1818 made provision for all the survivors of the army of itself into a Committee of the Whole House on the state of the revolution, who had served for the period of nine the Union, Mr. WICKLIFFE in the chair, on the "bill de-months, and, in the words of the act, "stood in need of the claratory of the act to provide for persons engaged in the assistance of their country for support." This act was land and naval service of the United States in the revolu- continued in force until the first day of May, 1820, when tionary war." it was repealed, and its place supplied by the act of that date, under which applications for revolutionary pensions are now made.

Mr. CHILTON, in pursuance of the notice he gave when the bill was last before the House, offered a substitute for the whole bill. He said, if his substitute should It is possible that, under the operation of the first mentionfail, he would not oppose the bill, although he thought ed law, some cases of improper admissions on the pension volunteers were as much entitled to the benefits of the roll might have occurred, and that this might have had pension system, as those who enlisted. His amendment some effect in producing its repeal. But, from looking inembraced two principles; one to extend the benefits of to the reports of the proceedings of that day, I am confi the pension system to those who served in the State regi-dent that the principal causes of its repeal were the ments and to volunteers; the other to extend it to those amount of the pension roll and the exhausted state of the who served nine months, without regarding whether it public treasury. It was stated on that occasion that, at was under one enlistment, as is now required. that time, the revenue of the country was not sufficient to

Mr. BATES said that this bill was simply declaratory. meet the ordinary expenses of the Government, by an It is intended to extend and to give full effect to the pro-annual amount of more than three millions of dollars. visions of the law of 1818, to give the law a more liberal This act is founded on the same principles as that of 1818, construction than that adopted by the War Department. but appears to have been intended to restrict the opera He proposed to amend the original bill, by inserting in the tion of those principles, and limit the description of perfirst section of it the following words: sons who shall be admitted to receive its benefits. It di"If the whole amount of his property, exclusive of the rects that the payment of all pensions granted by the act house, building, and curtilage, by him occupied and improv- of 1818 shall be suspended, and that, before any further ed, his household furniture, wearing apparel, the tools of his payments are made, the applicant shall comply with all trade, and farming utensils, shall not exceed the sum of the requirements of the act of 1820. By the terms of that one thousand dollars, all debts from him justly due and law, the applicant is required to appear before some owing being therefrom first deducted." court of record, and exhibit an inventory of all his pro

Mr. WILDE said, that while he was in favor of extend-perty, together with the circumstances and situation of ing the bounties of Government to those who served their himself and of each member of his family. A valuation of country during the revolutionary war, he thought the his property, founded on the testimony of disinterested proposition of the gentleman from Massachusetts, if it persons, who have a knowledge of it, must be made by could succeed at all, would meet with more favor from the judges of the court. The applicant is also required to the House if offered in a distinct and separate form. He declare, under oath, that he has not, since the act of 1818, inquired whether the militia regiments were included in conveyed away, or disposed of, any part of his property, the provisions of the bill. with the intention of bringing himself under the provi He sions of that law. These proceedings are all filed of rethe cord in the court where the application is made, and a this, copy of them forwarded to the Secretary of War for his decision on the claim; and if, on examination, he shall be

Mr. BATES replied that the were not included. offered a resolution on the 8th of January last, for purpose of ascertaining the sense of the House in particular, but no notice had since been taken of it.

MARCH 17, 1830.]

Revolutionary Pensioners.

[H. of R.

of opinion that the applicant is "in such indigent circum- period of ten or twelve years. And all this, too, must be stances as to be unable to support himself without the as-verified, not only by his own oath, but by the testimony of sistance of his country," he shall be entitled to receive a every individual with whom he may have had any pecupension. niary transactions during the whole period of time.

It must, I think, be admitted, that, at the time these regulations were adopted, a compliance with them would, in many cases, be a matter of extreme difficulty. The ap. plicant was then required to show all the changes and mutations in his property from the eighteenth day of March, 1818, to the first day of May, 1820, a period of more than two years. But it is manifest that, by the lapse of time, the difficulty of a compliance is constantly increasing. It might be possible to trace out and establish, by testimony, all those circumstances during a period of two years, when it might be wholly impracticable after the lapse of ten or twelve years.

Different constructions, as it respects the circumstances and condition in life of the applicant, have been put upon this law. By the first construction that was adopted, the amount of property that an applicant was allowed to retain and receive, a pension was limited to three hundred dollars; during a short period, the sum was enlarged to one thousand dollars; but, before any beneficial effect was produced, this construction was abandoned, and the principle again adopted that the possession of property to the amount of more than three hundred dollars, however unproductive that might be, was sufficient to exclude an applicant from the benefits of the law. The bill now under consideration provides a remedy for this evil; it allows the How great and entire a change in the circumstances of applicant to retain property to the amount of one thou- individuals, does the period of ten or twelve years often sand dollars, exclusive of his household furniture and farm-witness. What numbers, during that period of time, are ing utensils. This, in my opinion, is a reasonable con- reduced from a state of competence to that of absolute struction of the law. It never could have been the inten- penury and want; and yet how small a portion of that tion of the law to require an applicant to become a pauper number could, if required, give such a statement of their before he could receive its benefits. But the regulations circumstances as is required of the applicant for a penadopted by the War Department, in the application of sion! How few could render such an account of every this law, are such as to operate in many cases with ex- pecuniary transaction as is required of the aged and infirm treme hardship, and exclude many meritorious claimants, soldier, and be able to support every transaction by the for whose benefit the law was intended. testimony of witnesses! The artful and designing man, One would suppose that the provisions of this law, even who divests himself of his property with a view to such if no additional requirement had been made by the War an event, might make his arrangements so as to effect his Department, were sufficiently guarded and severe; and, purpose, while, to the honest and undesigning, it would had nothing more than what appears to have been contem-be attended with much more difficulty. And thus does it. plated in the law been required, a compliance with those often happen. The soldier of the revolution possesses an terms, although humiliatory to the pride of a soldier, honest and manly pride, which revolts at the idea of askmight not have been impracticable. But the regulations ing, in the character of a mendicant, that to which he beadopted in the application of the law are such that a com-lieves himself to be entitled as a matter of right. It is pliance with them is, in many cases, not only difficult, but with him an act of the last necessity. He relies upon his wholly impossible. The admission or rejection of an ap- own resources, and depends upon his own exertions, till plicant frequently depends, not on his services, not on his the increasing infirmities of age, or some unexpected capoverty, which are the only considerations contemplated lamity, reduce him to a state of utter helplessness and by the law, but on the adventitious circumstances of his want. Compelled at length, by hard necessity, he apability to comply with the regulations of the department. plies for the relief the pension laws afford. In answer to These regulations appear to be predicated on the pre-his application, he receives a copy of the regulations of sumption that every application is fraudulent. And in or- the War Department, and is informed that a compliance der to rebut that presumption, the applicant is required with them is an indispensable prerequisite to his obtainto do that which cannot reasonably be supposed to be with- ing a pension. He examines the regulations: he has kept in his power. He may prove that he performed the most no account of his transactions with a view to such an event: meritorious services in the war of the revolution; that he those with whom he may have had pecuniary transactions served year after year in the most severe campaigns, and are, many of them, beyond his reach: he finds it impossiendured all the hardships and privations which were inci-ble to comply with what is required, and perhaps, after dent to the service. He may prove that himself, with a repeated and unsuccessful attempts, abandons his applihelpless and dependant family, are reduced to a state of cation in despair, and resigns himself to all the miseries of the most extreme poverty and wretchedness, and that they want, or avails himself of such relief as the hand of chariare actually dependant on the charity of others for the ty may afford. These statements are not made from rea means of their subsistence. He may show that he is actu-soning or conjecture. They are the result of actual obally the tenant of an alms-house. One would suppose that, servation. The sphere of my observation is not very exunder the most severe construction of the law, this ought tensive, but I have actually known many instances similar to be sufficient to entitle him to receive the bounty of his to those I have attempted to describe. Now my object, country. But, it is not so. He may make full proof of by this amendment, is to obviate the hardships which this those facts, and yet his claim be rejected; for by the regu- strict construction occasions. I am sensible that caution lations to which he is required to conform, he must also may be necessary to guard against attempts at imposition; show the property, whether in money, lands, chattels, or and I have no objection to any degree of strictness in the claims, that he was possessed of on the eighteenth day of inquiry into the circumstances and situation of an appliMarch, 1818, the time when the first pension law was cant; at least, it may be proper in the execution of the passed. He must then trace out and exhibit all the changes, mutations, and dispositions of this property, and of every part and portion of it, from that period until the time of his application. If he has paid away any money, he must show to whom it was paid, and for what consideration. If he has paid any debts, he must show the origin of those debts, and for what they were contracted. In fine, he must make out a particular and detailed account of all his pecuniary transactions from the time of the passage of the law to the date of his application, which may amount to a

VOL. VI.-79

existing laws, although I think the laws ought to be more liberal and extensive in their provisions. But I do think it unmeasurable and hard to require of an aged veteran of the revolution that which, in many cases, is not only impracticable for him, but would be for almost any other individual in society. It must be obvious that the provisions of this bill, without the proposed amendment, would not remedy this evil. It would enlarge the number and description of those who would be entitled to admission on the pension roll, and so far its effects would be highly be

H. of R.]

Distribution of Public Lands.—Retrenchment.—Revolutionary Pensioners.

[MARCH 18, 1830.

neficial; but still every applicant would be subject to the which shall be determined by adding to the whole numsame rules as are now established, and to all the inconve- ber of free persons, including those bound to service for niences which are thus occasioned. This amendment is a term of years, and including Indians not taxed, three intended to remove these evils. fifths of all other persons.

The bill was twice read, and committed.

RETRENCHMENT.

I have observed that the regulations to which I have al- SEC. 3. And be it further enacted, That the numbers luded, appear to be founded on the presumption that aforesaid shall be determined by the enumeration made in every application for a pension was fraudulent; and against pursuance of the constitution; and also by an enumeration whom, I would ask, is this presumption made? Against to be taken in the year 1835, and in every subsequent term the soldier of the revolution; against the followers of of ten years, in the States of Ohio, Louisiana, Indiana, MisWashington--the men who fought the battles of our inde-sissippi, Illinois, Alabama, and Missouri, and in such new pendence: they are made against the men to whom, under States as shall be formed out of the Territories of the UnitDivine Providence, we are indebted not only for every thing ed States. dear and valuable in our civil institutions, but for our very existence as a nation. They are made against the men Mr. MARTIN then presented the project of the minowho, in the darkest period of our revolutionary struggle,rity of the committee. The bill which he offered was conmaintained the most unshaken fidelity to their country and sidered by that minority as the best which could be adoptits liberties. Men whom no threats could intimidate to ed, if any was to be adopted; but, at the same time, they desert, no bribes could induce to betray their country. entered their protest against the proposition altogether. And are these men, who devoted the prime and vigor of their days to the service of their country, when, in the decline of life, borne down with hardships and with age, they Mr. McDUFFIE moved the following resolution: Resolved, That the Committee on Retrenchment be income forward to ask the small pittance allowed them, to be presumed to be guilty of an imposition on the Govern-structed to report a bill, providing that whenever the first session of Congress shall continue for a longer period than ment, and required to do away that presumption by means which are entirely impracticable, or stand convicted of one hundred and twenty days, the pay of the members the charge, and turned away without relief? Why, if eve-shall be reduced to two dollars per day from and after the termination of the said one hundred and twenty days; ry surviving soldier of the revolution, whether rich cr poor, should, for the few remaining years of his existence, tinue for a longer period than ninety days, the pay of the and that whenever the second session of Congress shall conreceive a pension from this Government, it would be but a small part of the debt that is due them. And shall so members shall be reduced to two dollars per day from much strictness, so much rigor, be exercised towards those and after the termination of said ninety days. After moving the resolution, Mr. MCDUFFIE proposed who, oppressed by poverty and want, ask for that relief which is intended for them? Is it worthy a great and pow-to modify it so as to make it an inquiry into the expedien erful nation to be so sparing of its ample means in reliev-cy, &c. Mr. WICKLIFFE adverted to a bill under the considering the wants of those to whose services and sufferings it ation of the Committee on Retrenchment in relation to

is so much indebted?

It

I trust it will not be so considered. I hope that the this subject, on which a difference of opinion had existed, amendment may prevail, and that the bill may pass. which prevented it from being reported. He, therefore, will do much towards affording relief to those who devot-wished that the gentleman would not modify the resolu ed their best days to the service of their country, and are tion, but that he would leave it in the shape of an instruc now lingering out a life of poverty and want. It will cheer tion, so that the sense of the House might be distinctly asand comfort the few remaining days of many an aged vete- certained on the subject. He stated that no retrenchment ran of the revolution. Let us pass the bill, and let us do more efficient in its character could be introduced than it quickly. Whatever is proposed to be done for their rethat proposed by the resolution. lief, ought to be done without further delay. Small is the number that now remain as objects of the gratitude and justice of their country; and death, the great leveller of all, is constantly making that number less.

The question on Mr. CHILTON'S substitute was decided in the negative.

The committee then rose, and reported the bill as amended to the House.

THURSDAY, MARCH 18, 1830.

DISTRIBUTION OF PUBLIC LANDS.

Mr. McDUFFIE thanked the gentleman for the information he had given him, withdrew his proposition to modify, and moved that the consideration of the resolution be postponed till Monday. Agreed to.

REVOLUTIONARY PENSIONERS.

The House then took up the report of the committee on the bill declaratory of the act to provide for persons engaged in the land and naval service during the revolu tionary war, which was reported with amendments.

[The following is the bill as it was reported from the Committee of the Whole House.]

"That in all cases, in which application has been or Mr. HUNT, from the committee appointed on the 19th shall be made to the Secretary of War, by any person, to January last" to inquire into the expediency of appropri-be placed on the pension list of the United States, under ating the nett proceeds of the sales of the public lands" the several acts to provide for certain persons engaged among the several States and Territories for the purpose in the land and naval service of the United States in the of education, in proportion to the representation of each revolutionary war," and the granting of such application in the House of Representatives," made a report, accom-shall depend upon the circumstances and condition in panied by the following bill: life," as is provided in and by the same acts, of him who Be it enacted, &c. That, from and after the first day of so applies, the applicant shall be deemed and taken to be July, 1831, the nett proceeds of all sales of public lands, unable to support himself without the assistance of his paid into the Treasury of the United States, shall be, and country, if the whole amount of his property, exclusive hereby are, appropriated to the use of the several States of the house, building, and curtilage, by him occupied within this Union, and the Territories of the United States, and improved, his household furniture, wearing apparel, for the purpose of education. the tools of his trade, and farming utensils, shall not exSEC. 2. And be it further enacted, That, the said nett ceed the sum of one thousand dollars, all debts from him proceeds shall, on the first day of July, annually, thereaf justly due and owing being therefrom first deducted. ter, be apportioned among and paid to the several States And no applicant for a pension under the provisions of and Territories, according to their respective numbers, this act, or of those acts of which it is declaratory, shall

MARCH 18, 1830.]

Revolutionary Pensioners.

H. of R

be required to show what his circumstances and condition while another is left, one is poor while the other is not in life were, or what property he was possessed of, at any rich; one receives the bounty of his country, and from the time prior to the passage of this act. other that bounty is withheld: and why is this difference? "SEC. 2. And be it further enacted, That, whenever the why this invidious, this mortifying distinction? Merely, granting of said application shall depend upon the term sir, because one by his own prudence has been able to of service, as is provided in and by the first section of the save a few hundred dollars for the comfortable support of first act of the several acts aforesaid, such applicant shall himself and his family: merely, sir, because one by his be deemed and taken to have served "for the term of nine own industry has been able to keep himself from the list months, or longer," as the case may be, within the mean- of town paupers: merely, sir, because he has not been ing and intent of the said last mentioned act; if his con- the object of public and private charity; while the other tinuous service in the war of the revolution, on the con- has, by a course of misfortune, or by a want of ordinary tinental establishment, was nine months, or longer, not-prudence, experienced the embarrassments and privations withstanding his enlistment may have been for a shorter of poverty. And yet it has happened, that, in extending term than nine months, and notwithstanding he may, at any the bounty provided by the pension laws to those embractime, and during any portion of his said term, have been ed within the last description, you have made their situataken and detained in captivity. tion, in point of property, far more desirable than the "SEC. 3. And be it further enacted, That the regular situation of those who are excluded from a pension by the troops of the several States of the United States, the en-practical application of the same laws. listing and raising whereof was recommended or approv ed by the old Congress, shall be deemed and taken, within the meaning and intent of the acts aforesaid, to have been on the continental establishment; but nothing herein contained shall be so construed as to include in said class of State troops the militia of the several States."

Such is the partial, unjust, and invidious operation of the present pension system.

I shall most cheerfully give my aid and my support to the bill and to the amendments recommended by the Committee of the Whole, for the reason that they are calcu lated to extend the benefits of the pension system; and Mr. CRAIG, of Virginia, moved to amend the amend-that, if they shall be adopted, the cases of many meritoment made to the bill in the Committee of the Whole, yes-rious soldiers will be embraced within their provisions. terday, by striking out the following words: "the house, When a few more years shall have passed away, all those building, and curtilage, by him occupied and improved," who are now, or who may, by the most liberal provisions so that the bill would provide for persons worth one thou-of your laws, hereafter be placed on your pension list, will sand dollars, "exclusive of their household furniture, &c." be numbered with the congregation of the dead; and then Mr. C. said he offered the amendment under the convic-there will exist no necessity to make the annual approtion that it was not the intention of gentlemen to pension priations for the fulfilment of the existing pension acts, those whose circumstances were comfortable, and who were able to support themselves.

On this motion a long debate took place, in which Mr. BURGES, Mr. BATES, Mr. WICKLIFFE, Mr. CARSON, Mr. HUBBARD, Mr. CLARK, Mr. P. P. BARBOUR, Mr. POLK, Mr. BARRINGER, Mr. EVERETT, of Massachusetts, and Mr. McDUFFIE, took part.

which seem to be so peculiarly obnoxious to the gentleman of Kentucky, [Mr. WICKLIFFE.] That gentleman says he is opposed to the bill and the amendments, for the reason that they will tend to swell the pension list; for this reason, and for this reason alone, they meet with my entire approbation, and shall receive my most hearty support. I perfectly accord with the remarks which have [The following were the remarks of Mr. HUBBARD.] fallen from the gentleman from North Carolina, [Mr. CARMr. HUBBARD, of New Hampshire, said, it was not sox.] To the whole of that faithful band of patriots, who his purpose, at this time, to go into a very full considera-performed the requisite term of service, in the war of the tion of this subject; but he would detain the House for a revolution, I would extend the benefits of the pens on few moments, while he stated the reasons which would in-laws--I would do that as a matter of justice-could I have duce him to vote against the amendment proposed by the my will, I would not stop short; and, at all times, I shall feel gentleman from Virginia, [Mr. CHAIG] and support the disposed to give my best aid in the support of every meabill and amendments adopted in the Committee of the Whole. I have [said Mr. II.] ever been opposed to the contracted policy of the present pension system: I have ever been at war with what I have supposed to be the principle upon which that system is founded. The existing pension laws have been based on individual poverty and indigence, and not on actual services rendered, and on actual sacrifices made, in the cause of our country, during the period of our revolution.

sure which shall have for its object the extending the benefits of the pension system; which shall in effect place the greatest number of our revolutionary soldiers on the pension list. It would be but an act of justice to include every individual who has performed the requisite term of service. It would be but an honest discharge of our obligations to this meritorious class of our citizens.

The gentleman from Kentucky [Mr. WICKLIFFE] has further stated, that, if the amendment of the committee In passing these laws, the Government have gone upon should be adopted by the House, it would of consequence the principle that they were bestowing a gratuity, rather greatly increase the amount of the appropriations for this than discharging an obligation; and viewing these laws in object. It might be so; but that consideration should not this light, I never could give them my entire approbation. deter us, if the measure is right; it cannot deter me from It has been my uniform and firm belief that the services doing this act, which I deem but an act of perfect justice. and the sacrifices of those who fought the battles of our The number of revolutionary pensioners falls short of country during our revolutionary struggle, laid a just twelve thousand, and the number of invalid pensioners foundation for a claim on the country; and that the provi-falls short of four thousand; and whether the number sions of our pension laws should be equally extended to would or would not be increased, by passing the bill with all such, as a liquidation of their claim. It was the service the amendments now under consideration, I will not step of the faithful soldier that entitles him to a pension; and, to inquire; for I cannot but consider this as a debt due to whether rich or poor, he was equally the object of his this faithful band of patriots, founded on services performcountry's justice. ed, and on sacrifices made, for this country during the war

The present laws are of a most invidious character; and of our revolution; and it is alike due to all, no matter the practical operations of them are most unjust. There what may be his condition or circumstances in life. These are those in my own State, who were engaged in the same being my views, and under the influence of these consiservice during most of the war; who fought side by side derations, I cannot favor the amendment of the gent'eman under the operation of your pension laws: one is taken from Virginia; but shall most freely lend my aid to the

most liberal extent and to the most liberal application of the pension system, until every faithful soldier of the revolution shall participate in the justice of the country; and if I cannot succeed, at this time, in accomplishing the extent of my wishes, I will do whatever my hands shall find to do, in furtherance of the object.

[MARCH 18, 1830.

Mr. WICKLIFFE offered the following amendment, to be added to the first amendment of the Committee of the Whole: “Provided also, that the provisions of the bill of 1818 shall be construed to extend to the officers and soldiers who served under General George Rogers Clarke in his The first pension act was passed in 1818, and it offered expedition against the posts at St. Vincents and Kaskasencouragement to the remnant of that band of patriots kias, and the officers and soldiers who served nine months who braved the storm of our revolution, to ask and to re-at any one time in the State or continental service during ceive aid from their common country; and under this act the war of the revolution, in the quarter or wagonmasmany did ask, and many received; but in a short period ter's department, though they were not of the line of the an additional act was passed, which suspended the pay-army."

Mr. MARTIN then moved to amend the bill by insert ing, at the end of the amendment of the committee to the first section of the bill, the following words:

ment of every pensioner until he should make and forward The question on Mr. WICKLIFFE's proposition was de to the department a schedule of his property, which should cided in the negative. furnish the evidence that he was in such indigent circumstances as not to be able to support himself without the aid of public or of private charity; and only in such event, according to the construction which had been given to the "And all such as were engaged in service under the act of 1818, could he be restored to the list. Under the command of Francis Marion, Thomas Sumter, and Anact of 1820, many, very many faithful and meritorious sol-drew Pickens, of South Carolina, whether during their diers were dropped from the list. And although subse-command as colonels or brigadier generals." quent explanations would have warranted the department He subsequently modified his proposition, by adding to in reinstating many of the applicants, yet such was also the it the following words, at the instance of Mr. WAYNE: construction given by authority to the act of 1820, that "And all such as were in service for the time stated in those who had been dropped could not be reinstated, this act, under Colonels John Twigg, Elijah Claude, and which suggested the absolute necessity of the act of 1823; James Jackson, in the State of Georgia." and under this last statute such rules and regulations have| been established at the department, as in effect to exclude almost every applicant who is not numbered on the list of town or country paupers.

Sir, it has become indispensably necessary that some explanatory law should be enacted; and believing, as I do, that the bill with the amendments, recommended by the Committee of the Whole, will do more justice than has as yet been rendered, I shall give them my support.

The amendment to the amendment was agreed to. Mr. CLARK, of Kentucky, inquired of the Chair whether it would be in order to move to strike out the sum of one thousand dollars, and insert sixteen hundred instead of it.

The SPEAKER said it would not be in order to make a motion in the House to insert a higher sum than that which had been agreed to in the committee.

Mr. McDUFFIE then moved to amend the amendment just made, by adding to it the following proviso:

Mr. CHILTON moved an adjournment, which was refused.

The amendment proposed by Mr. MARTIN, as modified, was rejected.

The question being stated on the amendment offered yesterday in committee, by Mr. SILL, and agreed to,

Mr. HOWARD suggested that it was in conflict with the provisions of the act of 1820, prescribing the oath to be taken by persons claiming pensions.

To obviate this difficulty, verbal modifications were proposed by Mr. DAVIS, of Massachusetts, and Mr. BURGES.

Mr. P. P. BARBOUR submitted the following-to strike out the third section of the bill, and to insert these words:

"Provided, that the oath prescribed by the act of 1820, entitled 'An act in addition to an act entitled an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war, passed the eighteenth day of March, one thousand eight "Provided also, that all applicants who shall be worth hundred and eighteen,' shall be so far varied as to apply less than two hundred dollars shall receive the full amount to the date of the passage of this act, instead of the time of the pensions herein provided; and that, for every hun-in said act specified.”

dred dollars more than three hundred which any applicant Mr. SILL offered the following proviso, which he shall be worth, six dollars shall be deducted from the an-thought would meet the views of the gentleman: nual amount of the pension to which such applicant shall be entitled."

At the suggestion of Mr. CRAIG, of Virginia, Mr. MCDUFFIE modified his proposition, by changing the sum to three hundred dollars.

"But nothing in this act shall be so construed as to dispense with the oath required by the act of 1820." Mr. P. P. BARBOUR, approving of this proviso, withdrew the amendment he offered; and

The question on thus amending the amendment was

The amendment to the amendment was then agreed to. The amendments of the committee having been gone through,

Mr. BUCHANAN said, he would oppose this amend-decided in the affirmative. ment, for the obvious reason that it would tend to produce fraud and perjury, since it held out an encouragement, to every applicant for a pension, to reduce his property as low as three hundred dollars. It would give him six dollars per every hundred he reduced the value of his property.

Mr. McDUFFIE said, he was astonished that a gentleman of so much sagacity as Mr. B. did not discover that] the same objection lay against the bill itself.

Mr. BUCHANAN replied, the only difference was, that the temptation to commit perjury was, according to his [Mr. McD.'s] proposition, sevenfold greater.

Mr. ELLSWORTH apposed the amendment. It was [he said] too much refined for any practical purposes. Mr. BURGES also opposed it.

Mr. CHILTON then moved to amend the whole bill as amended, by striking out all after the enacting clause, and inserting the following as a substitute:

"That the provisions of the pension laws of the United States, which are now in force, shall be, and the same are hereby, so extended as to embrace, upon the same princi ples, and under the same rules and regulations as to testimony, such troops as fought in the State lines, or belonged to the volunteer corps, having served at one or more pe riods, for the term of nine months, and to the draughted militia of the several States."

Mr. CARSON moved an adjournment, which was re

The question was then put, and taken by yeas and nays,fused. and decided in the negative--124 to 56.

Mr. CHILTON then proceeded to explain his amend