« PreviousContinue »
H. of R.]
[March 17, 1830. day, as when it would be discussed in a Committee of the Mr. CHILTON said, the adoption of the amendment Whole.
would produce much uncertainty at the department, and Mr. TUCKER said, there were other subjects to be con- Mr. BATES replied. sidered besides those embraced in the amendments. He The question on the amendment proposed by Mr. said he would persevere in his motion to refer the subject BATES, was decided in the afirmative: yeas, 67 —nays, to a Committee of the Whole.
49. Mr. POLK trusted that the House would support the Mr. SILL moved to amend the bill by adding to the motion of the gentleman from Massachusetts. He made a first section of it the following words: similer suggestion to Mr. . TUCKER to that made by Mr. “And no applicant for a pension, under the provisions CAMBRELENG.
of this act, or of those acts of which it is declaratory, In reply to an inquiry male by Mr. CLARK, of Ken- shall be required to show what his circumstances and contucky, the SPEAKER said, if the resolution was made the dition in life were, or what property he was possessed of, special order of the day for Tuesday next, it could not be at any time prior to the passage of this act.” discussed beyond the usual hour devoted for considering The amendment having been read, Mr. SILL rose, and resolutions.
observed that he offered the amendment under a firmcon. Mr. 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 ycus and nays were ordered, and which induced him to propose the amendment, and the obwere as follows: yeas, 89—nays, 70.
ject it was intended to effect. To explain his vicws, it would be necessary to take a short review of the pension
laws, the intent and meaning of which this bill is intendWEDNESDAY, Mancu 17, 1830.
cd to declare. THE JUDICIARY BILL.
The first general act for the relief of the soldiers of the The Judiciary bill was taken up in Committee. revolution, (said Mr. S.] was passed on the 18th day of
M. DANIEL addressed the committee in support of March, 1818. This act, as well as that of 1820, is predihis amendment sand in reply to the arguments of the gen- cated on the principles of services rendered by, and neces. tlemen from Connecticuti (Mr. HƯNTIxotox and Mr. sity existing in ihe circumstances of the applicant; they are Ellsworth) but, before he concluded, the comınittee intended for the relief of those who rendered meritorious
services in the war of the revolution, and became reduced REVOLUTIONARY PENSIONERS.
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 Mr. CHILTON, in pursuance of the notice he gave date, under which applications for revolutionary pensions when the bill was last before the House, offered a substi- are now made. tute for the whole bill. Ile 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 confithe 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 scrved 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 dolkars. 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. Hle proposed to amend the original bill, by inserting in the tion of those principles, and limit the description of per. first section of it the following words:
sons who shall be admitted to receive its bencfits. It di“If the whole amount of bis 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, wcaring apparel, the tools ofhis 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 liis proMr. WILDE said, that while he was in favor of extenri-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 Massachusetis, if it persons, who have a knowledge of it, must be made by could succeed at all, would meet with more favor from ibe 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 himseif under the proviMr. BATES replive that the were not included. He'sions of that law. These proceedings are all filed of reclerod a resolution on the Eth of January lasi, in the , cd in the court wicze the application is 112'x', anul a purpose of ascertaining the sense of the llonse in this copy of them forwarded to the Secretary of War for his particular, but no notice had since been taken of it. decision on the claim; and if, on examination, he shall be
March 17, 1830.]
[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. Different constructions, as it respects the circumstances It must, I think, be admitted, that, at the time these re. and condition in life of the applicant, have been put upon gulations were adopted, a compliance with them would, this law. By the first construction that was adopted, the in many cases, be a matter of extreme difficulty. The apamount of property that an applicant was allowed to retain plicant was then required to show all the changes and muand receive, a pension was limited to three hundred dol. tations in his property from the eighteenth day of March, lars; during a short period, the sum was enlarged to one 1818, to the first day of May, 1820, a period of more than thousand dollars; but, before any beneficial effect was pro- two years. But it is manifest that, by the lapse of time, duced, this construction was abandoned, and the princi- the difficulty of a compliance is constantly increasing. It ple again adopted that the possession of property to the might be possible to trace out and establish, by testimony, amount of more than three hundred dollars, however un- all those circumstances during a period of two years, productive that might be, was suslicient to exclude an ap- when it might be wholly impracticable after the lapse of plicant from the benefits of the law. The bill now under ten or twelve years. consideration provides a remedy for this evil; it allows the Ilow 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 sing 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 scrvices 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 åctu- 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. Ile 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 meney, 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, existing laws, although I think the laws ought to be more mutations, and dispositions of this property, and of every liberal and extensive in their provisions. But I do think part and portion of it, from that period until the time of his it unmeasurable and hard to require of an aged veteran of application. If he has paid away any money, he must show the revolution that which, in many cases, is not only imto whom it was paid, and for what consideration. If he practicable for him, but would be for almost any other inhas paid any debts, he must show the origin of those dividual in society. It must be obvious that the provisions debis, and for what they were contracted. In fine, he of this bill, without the proposed amendment, would not must make out a particular and detailed account of all his remedy this evil. It would enlarge the number and depecuniary transactions from the time of the passage of the scription of those who would be entitled to admission on law to the date of his application, which may amount to a the pension roll, and so far its effects would be highly be
H. of R.) Distribution of Public Lands.—Retrenchment. - Revolutionary Pensioners. (Marca 18, 1830. neficial; but still every applicant would be subject to the whieh 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. 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 whoin, I would ask, is this presumption made? Against to be taken in the year 1835, and in every subsequent tem the soldier of the revolution; against the followers of of ten years, in the States of Ohio, Louisiana, Indiana, Mis Washington--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 ve. The bill was twice read, and committed. ry 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 adopt. its 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 incluce to betray their country. entered their protest against the proposition altogether. And are these men, who devoted the prime and vigor of
RETRENCHMENT. their day3 to the service of their country, when, in the declinc of life, borne down with hardships and with age, they
Mr. McDUFFIE moved the following resolution: come forward to ask the small pittance allowed them, to
Resolved, that the Committee on Retrenchment be inbe presumed to be guilty of an imposition on the Govern- session of Congress shall continue for a longer period than
structed to report a bill, providing that whenever the first 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 ry surviving soldier of the revolution, whether rich or
the termination of the said one hundred and twenty dars; poor, should, for the few remaining years of his existence, and that whenever the second session of Congress shall conreceive a pension from this Government, it would be bui tinue for a longer period than ninety days, the pay of the a small part of the debt that is due them. And shall so members shall be reduced to two dollars per day from niuch strictness, so much rigor, be exercised towards those and after the termination of said ninety days. who, oppressed by poverty and want, ask for that relief
After moving the resolution, Mr. M&DUFFIE proposed which is intended for them? Is it worthy a great and pow.
to inodify 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. ing the wants of those to whose services and sufferings it
Mr. WICKLIFFE adverted to a bill under the consideris so much indebted?
ation cf the Committee on Retrenchment in relation to 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 resolued their best days to the service of their country, and
tion, but that he would leave it in the shape of an instrucnow lingering out a life of poverty and want. It will cheer tion, so that the sense of the House migiit be distinctly asand comfort the few remaining days of many an aged vete certained on the subject. Ile 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 re
that proposed by the resolution. lief, ought to be done without further delay. Small is the
Mr. McDUFFIE thanked the gentleman for the informa. number that now remain as objects of the gratitude and tion he had given him, withdrew his proposition to modi. justice of their country; and death, the great leveller offy, and moved that the consideration of the resolution be all, is constantly making that number less.
postponed till Monday. Agreed to. The question on Mr. CHILTON'S substitute was de
REVOLUTIONARY PENSIONERS. cided in the negative.
The House then took up the report of the committee The committee then rose, and reported the bill as amend on the bill declaratory of the act to provide for persons ed to the House.
engaged in the land and naval service during the revolu
tionary war, which was reported with amendments. THURSDAY, March 18, 1830.
[The following is the bill as it was reported from the DISTRIBUTION OF PUBLIC LANDS.
Committee of the Whole House.]
“That in all cases, in which application has been or Mr. HUNT, from the committee appointed on the 19th sha!l 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 aniount 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 housebold furniture, wearing apparel, for the purpose of education.
the tools of his trade, and farming utensils, shall not ex: Suc. 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, arnally, thereaf justly due and owing being there from 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
MARCI 18, 1830.]
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 withbeld: 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 Such is the partial, unjust, and invidious operation of the ed by the oll Congress, shall be deemed and taken, with present pension system. in the meaning and intent of the acts aforesaid, to have I shall most cheerfully give my aid and my support to been on the continental establishment; but nothing herein the bill and to the amendments recommended by the Comcontained shall be so construed as to include in said class mittee of the Whole, for the reason that they are calcuof State troops the militia of the several States.” 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 amendnient 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 wliose circumstances were comfortable, and who which seem to be so peculiarly obnoxious to the gentlewere able to support themselves.
man of Kentucky, (Mr. WICKLIFFE.] That gentleman On this motion a long debate took place, in which Mr. says he is opposed to the bill and the amendments, for BURGES, Mr. BATES, Mr. WICKLIFFE, Mr. CAR- the reason that they will tend to swell the persion list; SON, Mr. HUBBARD, Mr. CLARK, Mr. P. P. BAR- for this reason, and for this reason alone, they meet with BOUR, Mr. POLK, Mr. BARRINGER, Mr. EVERETT, my entire approbation, and shall receive my most hearty of Massachusetts, and Mr. McDUFFIE, tcok part. support. I perfectly accord with the remarks which have
[The following were the remarks of Mr. HUB BARD.] fallen from the gentleman from North Carolina, (Mr. Can
Mr. 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. Charaj and support the disposed to give my best aid in the support of every meabill and amendments adopæd in the Commitiee of the sure which shall lave for its object the extending the beWhole. I have said Mr. II.] ever been opposed to the nefits of the pension system; which shall in cffect place contracted policy of the present pension system: I have the greatest number of our revolutionary soldiers on the ever been at war with what I have supposed to be the pension list. It would be but an act of justice to include principle upon wliich that system is founded. The exist. every individual who has performed the requisite term of ing pension laws have been based on individual poverty service. It would be but an honest discharge of our oband incligence, and not on actual services rendered, and ligations to this meritorious class of our citizens. on actual sacrifices made, in the cause of our country, The gentleman from Kentucky (Mr. WICKLIFFE) has during the period of our revolution.
further stated, that, if the amendment of the committee In passing these laws, the Government have gone upon should be adopted by the Ilonse, 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 seem 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 stop 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, lie 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 lerations, 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
H. of R.]
[MARCH 18, 1850.
most liberal extent and to the most liberal application of Mr. WICKLIFFE offered the following amendment, the pension system, until every faithful soldier of the re- to be added to the first amendment of the Committee of volution shall participate in the justice of the country; and the Whole: if I cannot succeed, at this time, in accomplishing the ex “Provided also, that the provisions of the bill of 1818 tent of my wishes, I will do whatever my hands shall find shall be construed to extend to the officers and soldiers to do, in furtherance of the object.
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 Kaskas. encouragement 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; hut 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. ment of every pensioner until he should make and forward The question on Mr. WICKLIFFE's proposition was de to the departinent a schedule of his property, which should cided in the negative. furnish the evidence that he was in such indigent circum Mr. MARTIN then moved to amend the bill by insertstances as not to be able to support himself without the ing, at the end of the amendment of the committee to the aid of public or of private charity; and only in such event, first section of the bill, the following words: 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 cxplanations 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. Warnt: 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 Mr. CHILTON moved an adjournment, which was rebeen established at the department, as in effect to exclude fused. almost every applicant who is not numbered on the list of The amendment proposed by Mr. Mantin, as modified, town or country paupers.
was rejected. Sir, it has become indispensably necessary that some The uestion being stated on the amendment offered explanatory law should be enacted; and believing, as I do, yesterday in committee, by Mr. Sul, and agreed to, that the bill with the amendments, recommended by the Mr. HOWARD suggested that it was in conflict with Committee of the Whole, will do more justice than has as the provisions of the act of 1820, prescribing the oath to yet been rendered, I shall give them my support. be taken by persons claiming pensions.
The amendment to the amendment was agreed to. To obviate this difficulty, verbal modifications were pro
Mr. CLARK, of Kentucky, inquired of the Chair posed by Mr. DAVIS, of Massachusetts, and Mr. BURGES. whether it would be in order to move to strike out the Mr. P. P. BARBOUR submitted the following-to sum of one thousand dollars, and insert sixteen hundred strike out the third section of the bill, and to insert these instead of it.
words: The SPEAKER said it would not be in order to make a “Provided, that the oath prescribed by the act of 1820, motion in the House to insert a higher sum than that which entitled · An act in addition to an act entitled an act to had been agreed to in the committee.
provide for certain persons engaged in the land and naval Mr. McDUFFIE then moved to amend the amendment service of the United States in the revolutionary war, just made, by adding to it the following proviso: 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 “But nothing in this act shall be so construed as to disbe entitled."
pense with the oath required by the act of 1820." At the suggestion of Mr. CRAIG, of Virginia, Mr. Mr. P. P. BARBOUR, approving of this proviso, withMcDUFFIE modified his proposition, by changing the sum crew the amendment he offered; and to three hundred dollars.
The question on thus amending the amendment was Mr. BUCHANAN said, he would oppose this amend- decided in the affirmative. ment, for the obvious reason that it would tend to produce The amendment to the amendment was then agreed to. fraud and perjury, since it held out an encouragement, The amendments of the committee having been gone to every applicant for a pension, to reduce his property through, as low as three hundred dollars. It would give him six Mr. CHILTON then moved to amend the whole bill as dollars per every hundred he reduced the value of his amended, by striking out all after the enacting clause, and property.
inserting the following as a substitute: Mr. McDUFFIE said, he was astonished that a gentle. “ That the provisions of the pension laws of the United man of so much sagacity as Mr. B. did not discover that States, which are now in force, shall be, and the same are the same objection lay against the bill itself.
hereby, so extended as to embrace, upon the same princi. Mr. BUCHANAN replied, the only difference was, that ples, and under the same rules and regulations as to testithe temptation to commit perjury was, according to his inony, such troops as fought in the State lines, or belonged (Mr. McD.'s] proposition, sevenfold greater.
to the volunteer corps, having served at one or more pe. Mr. ELLSWORTII apposed the amendment. It was riods, for the term of nine months, and to the draughted [he said, too much refined for any practical purposes.
militia of the several States." Mr. BURGES also opposed it.
Mr. CARSON mored an adjournment, which was reThe 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 gmerd.