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Or, is it strange, that those who feel the legal justice of the claim, should address to those who do not feel it, considerations of a different character, but fit to have weight, and which they hope may have weight? Nothing is more plain and natural than the course which this application has taken. The applicants, themselves, have placed it on the ground of equity and law. They advert to the resolve of 1780, to the commutation of 1783, and to the mode of funding the certificates. They stand on their contract. This is perfectly natural. On that basis, they can wield the argument themselves. Of what is required by justice and equity, they may reason even in their own case. But when the application is placed on different grounds; when personal merit is to be urged, as the foundation of a just and economical bounty; when services are to be mentioned; privations recounted; pains enumerated; and wounds and scars counted; the discussion necessarily devolves to other hands. In all that we have seen from these officers in the various papers presented by them, it cannot but be obvious to every one, how little is said of personal merit, and how exclusively they confine themselves to what they think their rights under the contract.
I must confess, sir, that principles of equity, which appear to me as plain as the sun, are urged by the memorialists themselves with great caution, and much qualification. They advance their claim of right, without extravagance or overstraining; and they submit to it the unimpassioned sense of justice of the Senate.
For myself, I am free to say, that if it were a case between individual and individual, I think the officers would be entitled to relief in a court of equity. I may be mistaken, but such is my opinion. My reasons are, that I do not think they had a fair option, in regard to the commutation of half-pay. I do not think it was fairly in their power to accept or reject that offer. The condition they were in, and the situation of the country, compelled them to submit to whatever was proposed. In the next place it seems to me too evident to be denied, that the five years' full pay was never really and fully made to them. A formal compliance with the terms of the contract, not a real compliance, is at most all that was ever done. For these reasons, I think, in an individual case, law and equity would reform the settlement. The conscience of chancery would deal with this case as with other cases of hard bargains; of advantages obtained by means of inequality of situation; of acknowledged debts, compounded from necessity, or compromised without satisfaction. But, although such would be my views of this claim, as between man and man, I do not place my vote for this bill on that ground. I see the consequence of admitting the claim, on the foundation of strict right. I see at once, that, on that ground, the heirs of the dead would claim, as well as the living; and that other public creditors, as well as these holders of commutation certificates, would also have whereof to complain. I know it is altogether impossible to open the accounts of the revolution, and to think of doing justice to everybody. Much of suffering there necessarily was, that can never be paid for; much of loss that can never be repaired. I do not, therefore, for myself, rest my vote on grounds leading to any such consequences. I feel constrained to say, that we cannot do, and
ought not to think of doing, everything in regard to revolutionary debts, which might be strictly right, if the whole settlement were now to be gone over anew. The honorable member from New York [Mr. Van Buren,] has stated, what I think the true ground of the bill. I regard it as an act of discreet and careful bounty, drawn forth by meritorious services, and by personal necessities. I cannot argue, in this case, with the technicality of my profession; and because I do not feel able to allow the claim on the ground of mere right, I am not willing, for that reason, to nonsuit the petitioners, as not having made out their case. Suppose we admit, as I do, that on the ground of mere right, it would not be safe to allow it; or, suppose that to be admitted for which others contend, that there is in the case no strict right upon which, under any circumstances, the claim could stand; still, it does not follow that there is no reasonable and proper foundation for it, or that it ought not to be granted. If it be not founded on strict right, it is not to be regarded as being, for that reason alone, an undeserved gratuity, or the effusion of mere good will. If that which is granted be not always granted on the ground of absolute right, it does not follow that it is granted from merely an arbitrary preference, or capricious beneficence. In most cases of this sort, mixed considerations prevail, and ought to prevail Some consideration is due to the claim of right; much to that of merit and service; and more to that of personal necessity. If I knew that all the persons to be benefited by this bill were in circumstances of comfort and competency, I should not support it. But this I know to be otherwise. I cannot dwell with propriety, or delicacy, on this part of the case; but I feel its force, and I yield to it. A single instance of affluence, or a few cases where want does not tread close on those who are themselves treading close on the borders of the grave, does not affect the general propriety and necessity of the measure. I would not draw this reason for the bill into too much prominence. We all know it exists; and we may, I think, safely act upon it, without so discussing it as to wound, in old, but sensitive, and still throbbing bosoms, feelings which education inspired, the habits of military life cherished, and a just self-respect is still desirous to entertain. I confess I meet this claim, not only with a desire to do something in favor of these officers, but to do it in a manner indicative not only of decorum but of deep respect,-that respect which years, age, public service, patriotism, and broken fortune, command to spring up in every manly breast.
It is, then, sir, a mixed claim, of faith and public gratitude; of justice and honorable bounty; of merit and benevolence. It stands on the same foundation as that grant, which no one regrets, of which all are proud, made to the illustrious foreigner, who showed himself so early, and has proved himself so constantly, and zealously, a friend to our country.
But then, again, it is objected, that the militia have a claim upon us; that they fought at the side of the regular soldiers, and ought to share in the country's remembrance. It is known to be impossible, to carry the measure to such an extent as to embrace the militia; and it is plain, too, that the cases are different. The bill, as I have
already said, confines itself to those who served not occasionally, not temporarily, but permanently; who allowed themselves to be counted on as men who were to see the contest through, last as long as it might; and who have made the phrase, of "'listing during the war," a proverbial expression, signifying unalterable devotion to our cause, through good fortune and ill fortune, till it reaches its close. This is a plain distinction; and although, perhaps, I might wish to do more, I see good ground to stop here, for the present, if we must stop anywhere. The militia who fought at Concord, at Lexington, and at Bunker's Hill, have been alluded to, in the course of this debate, in terms of well-deserved praise. Be assured, sir, there could with difficulty be found a man, who drew his sword, or carried his musket, at Concord, at Lexington, or Bunker's Hill, who would wish you to reject this bill. They might ask you to do more; but never to refrain from doing this. Would to God they were assembled here, and had the fate of the bill in their own hands! Would to God, the question of its passage was to be put to them! They would affirm it, with a unity of acclamation that would rend the roof of the capitol.
I support the measure, then, Mr. President, because I think it a proper and judicious exercise of well-merited national bounty. I think, too, the general sentiment of my own constituents, and of the country, is in favor of it. I believe the member from North Carolina, himself, admitted, that an increasing desire, that something should be done for the revolutionary officers, manifested itself in the community. The bill will make no immediate or great draught on the treasury. It will not derange the finances. If I had supposed that the state of the treasury would have been urged against the passage of this bill, I should not have voted for the Delaware breakwater, because that might have been commenced next year; nor for the whole of the sums which have been granted for fortifications; for their advancement, with a little more or little less of rapidity, is not of the first necessity. But the present case is urgent. What we do, should be done quickly.
Mr. President, allow me to repeat, that neither the subject, nor the occasion, is an ordinary one. Our own fellow citizens do not so consider it; the world will not so regard it. A few deserving soldiers are before us, who served their country faithfully through a seven years' war. That war was a civil war. It was commenced on principle, and sustained by every sacrifice, on the great ground of civil liberty. They fought bravely, and bled freely. The cause succeeded, and the country triumphed. But the condition of things did not allow that country, sensible as it was to their services and merits, to do them the full justice which it desired. It could not entirely fulfil its engagements. The army was to be disbanded; but it was unpaid. It was to lay down its own power; but there was no government with adequate power to perform what had been promised to it. In this critical moment, what is its conduct? Does it disgrace its high character? Is temptation able to seduce it? Does it speak of righting itself? Does it undertake to redress its own wrongs, by its own sword? Does it lose its patriotism in its deep
sense of injury and injustice? Does military ambition cause its integrity to swerve? Far, far otherwise.
It had faithfully served and saved the country; and to that country it now referred, with unhesitating confidence, its claim and its complaints. It laid down its arms with alacrity; it mingled itself with the mass of the community; and it waited till, in better times, and under a new government, its services might be rewarded, and the promises made to it fulfilled. Sir, this example is worth more, far more, to the cause of civil liberty, than this bill will cost us. We can hardly recur to it too often, or dwell on it too much, for the honor of our country, and of its defenders. Allow me to say again, that meritorious service in civil war is worthy of peculiar consideration; not only because there is, in such war, usually less power to restrain irregularities, but because, also, they expose all prominent actors in them, to different kinds of danger. It is rebellion, as well as war. Those who engage in it must look not only to the dangers of the field, but to confiscation also, and attainder, and ignominious death. With no efficient and settled government, either to sustain or to control them, and with every sort of danger before them, it is great merit to have conducted with fidelity to the country, under every discouragement on the one hand, and with unconquerable bravery towards the common enemy on the other. So, sir, the officers and soldiers of the revolutionary army did conduct.
I would not, and do not underrate the services or the sufferings of others. I know well, that in the revolutionary contest, all made sacrifices, and all endured sufferings; as well those who paid for service, as those who performed it. I know, that, in the records of all the little municipalities of New England, abundant proof exists, of the zeal with which the cause was espoused, and the sacrifices with which it was cheerfully maintained. I have often there read, with absolute astonishment, the taxes, the contributions, the heavy subscriptions, often provided for by disposing of the absolute necessaries of life; by which enlistments were procured, and food and clothing furnished. It would be, sir, to these same municipalities, to these same little patriotic councils of revolutionary times, that I should now look, with most assured confidence, for a hearty support of what this bill proposes. There, the scale of revolutionary merit stands high. There are still those living, who speak of the 19th of April, and the 17th of June, without thinking it necessary to add the year. These men, one and all, would rejoice to find that those who stood by the country bravely, through the doubtful and perilous struggle which conducted it to independence and glory, had not been forgotten in the decline and close of life.
The objects, then, sir, of the proposed bounty, are most worthy and deserving objects. The services which they rendered, were in the highest degree eful and important. The country to which they rendered them, is great and prosperous. They have lived to see it glorious; let them not live to see it unkind. For me, I can give them but my vote, and my prayers; and I give them both with my whole heart.
IN THE SENATE OF THE UNITED STATES, ON THE RESOLUTION OF MR. FOOTE RESPECTING THE SALE, &c. OF PUBLIC LANDS. JAN. 1830.
The resolution was introduced on the 29th of December, 1829, as follows :-
"Resolved, That the Committee on Public Lands be instructed to inquire and report the quantity of public lands remaining unsold within each State and Territory. And whether it be expedient to limit, for a certain period, the sales of the public lands to such lands only as have heretofore been offered for sale, and are now subject to entry at the minimum price. And, also, whether the office of Surveyor General, and some of the land offices, may not be abolished without detriment to the public interest; or whether it be expedient to adopt measures to hasten the sales and extend more rapidly the surveys of the public lands."
On the 18th of January, Mr. Benton of Missouri addressed the Senate; and on the 19th, Mr. Hayne, of South Carolina, proceeded in the debate, and spoke at considerable length. After he had concluded Mr. Webster rose to reply, but gave way, on motion of Mr. Benton for an adjournment.
On the 20th, Mr. Webster took the floor, and spoke as follows:
NOTHING has been farther from my intention than to take any part in the discussion of this resolution. It proposes only an inquiry on a subject of much importance, and one in regard to which it might strike the mind of the mover, and of other gentlemen, that inquiry and investigation would be useful. Although I am one of those who do not perceive any particular utility in instituting the inquiry, I have, nevertheless, not seen that harm would be likely to result from adopting the resolution. Indeed, it gives no new powers and hardly imposes any new duty, on the committee. All that the resolution proposes should be done, the committee is quite competent, without the resolution, to do by virtue of its ordinary powers. But, sir, although I have felt quite indifferent about the passing of the resolution, yet opinions were expressed yesterday on the general subject of the public lands, and on some other subjects, by the gentleman from South Carolina, so widely different from my own, that I am not willing to let the occasion pass without some reply. If I deemed the resolution as originally proposed hardly necessary, still less do I think it either necessary or expedient to adopt it, since a second branch has been added to it to day. By this second branch, the committee is to be instructed to inquire whether it be expedient to adopt measures to hasten the sales, and extend more rapidly the surveys of the public lands.