Kitabı oku: «Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)», sayfa 43
Friday, January 5
Another member to wit, from Delaware, Nicholas Van Dyke, appeared, and took his seat in the House.
Claim of Elizabeth Hamilton
Mr. Johnson, from the Committee of Claims, made a report on the petition of Elizabeth Hamilton, referred on the 5th ultimo; which was read, and referred to a Committee of the Whole on Wednesday next. The report is as follows:
That it is stated by the petitioner, that her late husband, Alexander Hamilton, served as Lieutenant Colonel in the Army of the United States during the Revolutionary war; that, in common with other officers he was entitled to five years' full pay as commutation for half-pay during life; that her husband, being in Congress at the time the resolution passed making this provision in favor of the officers of the Revolution, in a letter to the Secretary of War he relinquished his claim to commutation; and the petitioner prays for the amount of said commutation. It does not appear, from any evidence from the Secretary of War or of the Treasury, that the late Colonel Hamilton ever did relinquish his right to half-pay or commutation, nor can the committee believe that it would be proper or generous that such relinquishment should be relied on as a bar to a just claim upon the United States for meritorious services against the representatives of such claimant. It appears, from a letter from the Secretary of the Treasury, that the late Colonel Hamilton received pay as an officer up to the end of February, 1782, and no later. And there is no evidence upon the Treasury books, or books of the War Office, whether at this or what period Colonel Hamilton resigned. The committee, however, have been furnished with a document, which induces the belief that Colonel Hamilton did not resign his commission until after the 28th day of October, 1783, which document is in these words: "In pursuance of an act of Congress of the 30th day of September, 1783, Lieutenant Colonel Hamilton is to take rank as Colonel by Brevet, in the Armies of the United States of America. Signed at Princeton, October 28, 1783, by Elias Boudinot, President," &c.
The committee are of opinion, that the resolution of Congress, upon a liberal construction, did not require actual service, and that the officer should be in the receipt of his pay to entitle him to commutation; but that he should have a commission, and be at all times liable to be called on to perform the duties of his station. The committee are confirmed in this opinion, when they recollect the situation of the United States and the Army in the year 1783, and in fact, from the capture of Cornwallis and his Army at Little York, in the State of Virginia, in the year 1781. But this claim is, like all other claims of this description, barred by the statute of limitation. The following resolution is offered:
Resolved, That the prayer of the petition ought not to be granted.
Monday, January 15
Two members, to wit: from New York, Gurdon S. Mumford, and from Kentucky, Matthew Lyon, appeared, and took their seats in the House.
Tuesday, January 16
Another member, to wit, from South Carolina, Richard Wynn, appeared, and took his seat in the House.
Wednesday, January 17
A new member, to wit, David S. Garland, returned to serve as a member of this House for the State of Virginia, in the place of Wilson Carey Nicholas, resigned, appeared, produced his credentials, was qualified, and took his seat.
Wednesday, January 31
Officers of the Revolution
Mr. Nelson, from the committee appointed on the twenty-fourth instant, made a report on the several petitions of the surviving officers of the late Revolutionary Army; which was read, and referred to a Committee of the Whole on Monday next. The report is as follows:
That, by a resolution of Congress of the 15th of May, 1778, all military officers who then were, or should thereafter be, in the service of the United States, and who should continue in service during the war, and not hold any office of profit under the United States, or any of them, should, after the conclusion of the war, be entitled to receive, annually, for the term of seven years, if they should live so long, one-half of the then pay of such officers: provided that no general officer of the cavalry, artillery or infantry, should be entitled to receive more than the one-half part of the pay of a colonel of such corps, respectively; and, provided that the said resolution should not extend to any officer in the service of the United States, unless he should have taken an oath of Allegiance, and should actually reside within some one of the United States.
That, by a resolution of Congress of the 11th of August, 1779, it was resolved that the half-pay provided by the aforesaid resolution of the 15th of May, 1778, should be extended to continue for life.
That, by a resolution of Congress of the 21st of October, 1780, it was provided that the officers who should continue in the service to the end of the war should be entitled to half-pay during life, to commence from the time of their reduction.
That, by a resolution of Congress of the 17th day of January, 1781, all officers in the hospital department, and medical staff, thereinafter mentioned, who should continue in service until the end of the war, or be reduced before that time as supernumeraries, should be entitled to receive during life, in lieu of half-pay, the following allowances, viz: The director of the hospital, equal to the half-pay of a lieutenant-colonel; chief physician and surgeons of the army and hospital, and hospital physicians and surgeons, purveyor, apothecary, and regimental surgeons, each equal to the half-pay of a captain.
That, by a resolution of Congress of the 22d day of March, 1783, it was provided that such officers as were then in service, and should continue therein until the end of the war, should be entitled to receive the amount of five years' full pay in money, or securities on interest at six per centum per annum, as Congress should find most convenient, instead of the half-pay promised for life by the resolution of the 21st day of October, 1780; the said securities being such as should be given to the other creditors of the United States: provided it should be at the option of the lines of the respective States and not of officers individually in those lines, to accept or refuse the same; and provided, also, that their election should be signified to Congress, through the Commander-in-Chief, from the lines under his immediate command, within two months, and through the commanding officer of the Southern Army, from those under his command, within six months from the date of the resolution.
That the same commutation should extend to the corps not belonging to the lines of any particular State, and who were entitled to half-pay as aforesaid: the acceptance or refusal to be determined by the corps, and to be signified in the same manner, and within the same time, as above mentioned; that all officers belonging to the hospital department, who are entitled to half-pay by the resolution of the 17th of January, 1781, might collectively agree to accept or refuse the aforesaid commutation, signifying the same through the Commander-in-Chief, within six months; that such officers as had retired at different periods entitled to half-pay for life, might, collectively, in each State of which they are inhabitants, accept or refuse the same; their acceptance or refusal to be signified by agents authorized for that purpose, within six months; that with respect to such retiring officers, the commutation, if accepted by them, should be in lieu of whatever might be then due to them since the time of their retiring from service, as well as what might thereafter become due; and that as soon as their acceptance should be signified, the Superintendent of Finance should be, and he was thereby, authorized to take measures for the settlement of their accounts accordingly, and to issue to them certificates bearing interest at six per cent.; that all officers entitled to half-pay for life, not included in the preceding resolution, might, also, collectively, agree to accept or refuse the aforesaid commutation, signifying the same within six months from the passage of said resolution. The petitioners state, and the fact is of too general notoriety to be disputed, that although they confidently expected, at the time they were compelled from imperious necessity to accept the sum in gross in lieu of half-pay for life, that it would be paid to them in reality, and not by a fresh promise without any sufficient guarantee for its due performance, yet they were compelled to receive certificates, which, for want of any specific provision for the payment of them, or the interest accruing on them, were immediately depreciated to five for one, and, by degrees, to ten for one, in exchange for money. They therefore pray that half-pay for life, to commence from the time of the reduction of the Army, may be granted to them, according to the solemn stipulations entered into with them by Congress, by the resolutions before referred to; deducting therefrom the five years' full pay received by them in depreciated paper, by way of commutation.
It is well known to your committee, and to the whole nation, that the far greater part of the officers were compelled by hard necessity to dispose of their commutation certificates at prices infinitely below their nominal amount; that this did not proceed from want of patriotism, of which they had beforehand given proofs most unequivocal, or of want of confidence in their Government; but that, after having spent the vigor of their manhood in the service of their country, they returned to the walks of civil life, (many of them maimed, and scarcely able to halt along,) ignorant of what was passing or likely to pass in the councils of their country; the griping hand of poverty bore hard upon them; and, unacquainted as they necessarily were with civil affairs, they fell an easy prey to the wiles of the artful and insidious speculator, who was lying in wait to fatten upon their hard earnings. Under circumstances like these, it would have been strange indeed, if they had kept their certificates in their pockets. No, the thing was impracticable; go they must, for whatever they would bring, and be the consequences whatever they might.
Upon the whole, the committee are of opinion that the contract entered into by Congress with the officers of the late Revolutionary Army, for giving them half-pay for life, has not been substantially complied with by the Government. They, therefore, recommend the following resolution:
Resolved, That the prayer of the petitioners is reasonable, and ought to be granted.
Friday, February 9
Robert Fulton and Torpedoes
The following letter was laid before the House:
"Kalorama, February 9, 1810.
"Sir: Having published a pamphlet explaining my experience on the practice and effects of torpedoes, I beg leave to present you, and each member of the House of Representatives, one copy. Should the House consider this subject of sufficient interest to merit further explanation, I shall be happy to give a lecture at such time and place as may be most convenient, in which I will exhibit the various modes of attack with torpedoes and harpoon guns, as prepared for action, with such models and demonstrations as will lead to a clear understanding of the subject.
"I have the honor to be, &c.,
"ROBERT FULTON.
"Hon. Speaker House of Reps."
Leave was given to present the pamphlets mentioned in the above letter, as requested.
Navigation of the Mobile
The following Message was received from the President of the United States:
To the House of Representatives of the United States:
I transmit to the House a report of the Secretary of State, complying with their resolution of the 22d of January.
JAMES MADISON.
February 9, 1810.
Department State, Feb. 8, 1810.
The Secretary of State, to whom the President has been pleased to refer the resolution of the House of Representatives of the 22d of last month, has the honor to state that it appears from the records in this department, that in the years 1801 and 1802, the Executive had endeavored to obtain, for the citizens of the United States residing on the waters of Tombigbee and Alabama rivers, the free navigation of the Mobile river to its confluence with the ocean – first, by claiming this navigation as a natural right, sanctioned by the general principles of the law of nations applicable to rivers similarly situated; and, secondly, by endeavoring to purchase the country held by Spain on the Mobile.
These efforts were made before it was known that Spain had ceded Louisiana to France, and consequently before the purchase of that province by the United States. Since that purchase, the country held by Spain on the Mobile has been claimed as being included therein.
The Spanish Government, having objected to this claim in a manner which justified a belief that the question would not be soon decided, our Minister at Madrid was instructed again to claim the free navigation of the Mobile under the general principles of the law of nations, and to represent to His Catholic Majesty the propriety and necessity of giving orders to his officers not to interrupt the free communication with our Territories through the waters of the Mobile.
In addition to what has been done through this department, it appears that the Governor of the Orleans Territory, and other officers of the United States, have endeavored to induce the Spanish authorities on the Mobile to abstain from exacting duties on the passage of our merchandise or produce up or down that river. Notwithstanding, however, every thing which has been done, it is understood that these authorities have continued to exact (with some occasional relaxations) a duty of twelve per cent. "on all articles of the growth or manufacture of the United States, which are conveyed through said river to and from the city of New Orleans."
All which is respectfully submitted.
R. SMITH.
Monday, February 12
Torpedoes
Mr. Dawson. – On hearing the Journal read, I find that on last Friday a letter was received by the Speaker from Mr. Fulton. What merit is due to his invention I will not pretend to say; but I know Mr. Fulton to be a man of science and successful experiment; of which he has given proofs, both in Europe and this country. It seems to me that some attention ought to be paid to his communication. I therefore move you that his letter be referred to a select committee.
Mr. Dawson's motion was agreed to, and a committee appointed, consisting of Messrs. Dawson, Taylor and Bacon.
Wednesday, February 14
Torpedoes
Mr. Dawson made the following report:
The committee to whom was referred a letter from Robert Fulton to the Speaker of the House of Representatives, dated on the 9th instant, beg leave to report, in part, that at their request Mr. Fulton attended the committee on this morning, and explained to them his views of the uses and effects of torpedoes, on which the committee forbear to give an opinion, and offer the following resolution:
Resolved, That, when the House shall adjourn on Friday next, it will adjourn to meet on Monday; and that Mr. Fulton have the use of this Hall on Saturday, for the purpose of exhibiting the torpedoes and delivering a lecture on their practice and utility.
Mr. Rhea moved to recommit the report to the committee who reported it, with a view to obtaining a report on the merits of it. – Motion negatived.
Mr. Livermore called for a division of the resolution reported by the committee, so as to take a question separately on the words, "Resolved, That, when the House shall adjourn, it adjourn to meet on Monday."
The question on this part of the resolution was decided by yeas and nays – yeas 90, nays 29.
Mr. Livermore moved to postpone the further consideration of the subject indefinitely.
A desultory debate took place on these various questions. It was said that the Hall of the House of Representatives was exclusively appropriated to Legislative purposes, and that, at this time, to appropriate it to the purpose of experimental lectures, would afford a precedent which would be injurious; that such a measure, if admissible at all, should not be taken unless the House were convinced of the practicability of the system proposed to be illustrated, because it would hold out the idea that the House of Representatives had sanctioned it. It was also said that this system could quite as conveniently be illustrated in one of the other apartments of the Capitol, without spreading on the Journals a formal record allowing Mr. Fulton the use of this House. In reply, it was said, that this was an invention which promised to be of great public utility, and it was but reasonable, as the inventor was known to be a scientific man, that he should have an opportunity of demonstrating its efficacy, when he has offered his services for that purpose. If it succeeded, it might be a saving of many millions to the United States; and if it failed, the House would, by paying attention to it, have shown their disposition to encourage science. The argument against the report of the committee, that this Hall was exclusively devoted to legislation, it was said, would operate with equal force against permitting Divine service to be performed there on Sundays.
Before any question was taken on the latter clause of the report of the committee, the House adjourned.
Thursday, February 15
Torpedoes
A motion was made by Mr. Burwell, that the unfinished business of yesterday do lie on the table; and the question being taken thereon, it was determined in the negative.
The House then resumed the consideration of the said unfinished business, and the question recurring on the motion to postpone indefinitely the further consideration of the second member of the resolution, Mr. Speaker decided that the said motion to postpone indefinitely was, at the time the same was under consideration, out of order.
A motion was then made by Mr. Ross, to amend the said resolution by striking out the words, delivering a lecture on, for the purpose of inserting the word explaining. And the question being taken thereon, it was resolved in the affirmative.
The question was then taken upon concurring in the second and last member of the said resolution, and determined in the negative – yeas 55, nays 61.
On motion of Mr. Troup, the question was then stated on concurring in the first and second members of the said resolution; when Mr. Speaker decided that, a question being divided, one part affirmed and the other rejected, a question cannot be put upon the whole of the resolution as originally proposed. From which decision of the chair, an appeal was made to the House by Mr. Troup, and being seconded, the question was taken, "Is the decision of the Chair correct?" and resolved in the affirmative – yeas 78, nays 21.
Friday, February 16
Mrs. Hamilton's Claim
The House resolved itself into a Committee of the Whole on the report of the Committee of Claims on the petition of Elizabeth Hamilton, widow of Alexander Hamilton, praying for the compensation due to her deceased husband.
[This report is one of the class of those favorable to the prayers of the petitioners on grounds of equity, but declaring, because they are barred by the statute of limitations, that they, therefore, ought not to be granted.]
The resolution reported by the Committee of Claims is as follows:
"Resolved, That the prayer of the petitioner ought not to be granted."
The report was supported by Messrs. Montgomery, Varnum, Helms, and Bacon, on the ground that the late General Hamilton had no claim on the Government under the resolutions of the old Congress; because he was, on the 25th of November, 1782, a delegate in Congress, and, by the 6th article of the Confederation, incapable of holding, at the same time, a military commission. He was in that Congress, a member (if not the chairman) of the committee which reported the resolutions under which his heirs are now said to be entitled to compensation. Had no statute of limitations ever been passed, therefore, it was said that General Hamilton or his heirs had no claim on the Government; because in accepting a seat in Congress, he had virtually resigned his commission before the close of the war. The case might be a hard one; but there were hundreds of cases at least equally so, and cases too in which the sufferers had not, as General Hamilton had, subsequently enjoyed lucrative employments by the favor of his country. It was said that Congress ought to be just before they were generous. Before they granted a claim of this doubtful character, influenced by the character or standing of the individual, they should relieve the impoverished old soldiers who daily begged of them for a pittance of bread, whose claims were equally just and whose necessities were much more pressing.
Mr. Boyd spoke in favor of the report of the committee. Either the statute of limitations was just or it was unjust. If unjust, it ought to be repealed; if just, Congress ought to be careful how they made exceptions in favor of particular claims.
Messrs. Johnson, Gholson, Dawson, Sheffey Gold, Key, Pitkin and Gardenier, oppose the report of the committee. It was said that General Hamilton's having received a brevet commission at the close of the war was evidence of his having been considered in service until the end of the war; for unless he had, such a commission could not have been issued to him. But a short time before the peace, he was seen at the head of his regiment gallantly storming a redoubt at the siege of York, and contributed not a little to the capture of Cornwallis and his army. By accepting a seat in Congress he did not resign his commission, but held himself liable to be called into service at any time, if necessary. But if he had, from the best of motives, accepted a seat in Congress, and thereby resigned his commission, it was said that his heirs ought not, therefore, to be deprived of the compensation equitably due to him. Congress had extended the hand of relief to the daughters of Count de Grasse, who had no shadow of a legal claim; but their father had assisted by sea, as General Hamilton did on the land, at the capture of Cornwallis; they were in this country in distress, and Congress had relieved them. Should the same relief be denied to the representatives of a citizen who had served during the war, and whose legal claim, if barred at all, (except by the statute of limitations,) was only barred by his zeal in the service of his country, which prompted him to accept a seat in Congress? The statute of limitations, it was said, was never intended to bar Congress from discharging a just claim, but merely to prevent the accounting officers of the Treasury from allowing all the old, and perhaps fraudulent claims which might have been pressed upon them. Every gentleman who spoke, dwelt upon the obduracy of heart and injustice, as it was termed, which could refuse to the claim of the war-worn soldier, the compensation due to him for his assistance in achieving the liberties of his country.
Before the question was taken on the report, the committee rose, reported progress, and obtained leave to sit again.
And the House adjourned to Monday.
