REPORT

of the Select Committee, to whom was referred, on the 10th instant, the Memorial of the Officers of the Revolutionary Army, accompanying a Bill for their relief.

DECEMBER 20, 1819.

Read, and, with the Bill, committed to a Committee of the whole House to-morrow.

The Committee, to whom was referred the Memorial of the Surviving Officers of the Army of the Revolution, praying for an equitable adjustment of their claim of half pay for life, have agreed to submit the following

REPORT:

The memorialists represent, that, by the resolve of the 21st of October, 1780, Congress stipulated that half pay for life should be allowed to the officers of the revolutionary army, who should continue in service till the end of the war: That they did continue in service till the end of the war, and therefore became entitled to the benefit of the contract thus entered into with them by their country: That this contract has not been fulfilled, and they are now entitled to ask its fulfilment.

They further represent, that the commutation offered and received under the resolve of the 22d of March, 1783, ought not to be considered as cancelling the obligation of the government, or impairing the claims of the officers; because, it was itself an acknowledgment by the government, of its incapacity at that time to fulfil the contract; because, it was offered, not to individuals, but to lines and corps, for their acceptance, which gave an undue influence to officers of age and rank; who were likely to be gainers by the arrangement, and did not afford a full opportunity to the younger officers, of inferior grade, who were chiefly interested in retaining the half-pay for life, and excluded altogether from a voice in the decision, many meritorious officers, whose lines had been broken up by the casualties of war; because, also, it was offered to men, whose necessities obliged them to accept what they could obtain for the immediate supply of their wants; and, finally, because the commutation was not, as it ought to

have been, and was intended to be, an equivalent for the half-pay for life.

Referring to a report made to the House in the month of February; 1810, a copy of which accompanies the present report, and contains, at length, the several resolves of Congress, and the principal facts and arguments having relation to the claim, the Committee proceed respectfully to submit their views of the nature of the case, and of the obligations on the part of the government thence arising.

It is not necessary to remind the House, either of the merit or the value, of the services rendered by the memorialists to their country. History has already consecrated the one, and the other is sufficiently attested, in a manner that must appeal to the best feelings of every citizen of the United States, by the rapid growth and eminently happy condition of that country, for which they devoted the most valuable portion of their lives; for which they took up their swords, and for which, too, with no less patriotism, they laid them down, when her liberty and independence had been effectually secured. If, in behalf of this interesting remnant of the officers of the revolution, of all that remains to us to cherish, of the gallant and illustrious band who have done so much for us, an appeal were made to the national sense of gratitude, we presume respectfully to say, that it could scarcely be resisted. It would then be recollected, that these survivors are precisely the men who have made the greatest sacrifices for their country, as, from the time that has since elapsed, it will be seen, that most of them must have spent in her service that very portion of life, when, according to the order of nature, the habits are formed, and the acquirements made, which in a great measure determine its future fortune and character: And that, while they were thus generously preparing for the nation an abundant harvest of political and social happiness, they gave up the only opportunity for themselves, of becoming qualified for any occupation, which in time of peace could assure to them the means even of a comfortable subsistence. If accidental good fortune, or distinguished capacity, or the good feelings of their fellow citizens displayed in selecting them for public offices of profit, have placed some of them above the reach of want, it is nevertheless believed that there are many, who have little to console them in the decline of life, but the recollection of the share they have contributed in laying the foundation of their country's independence. To all such, how welcome and how gladdening would be the substantial manifestation of that country's gratitude! A provision for their few remaining years would alleviate the sufferings of age; and the veteran of the revolution would feel continually, and be quickened and animated by the feeling, that the time he had devoted to the public service, was not, to himself, altogether waste and unprofitable; that his exertions and his sufferings were not wholly overlooked; but, by a natural and honorable return, that country, whose infancy he had aided by his sword to guard, now, in the day of her strength and her prosperity, extended her hand, to soothe and to support the weakness of his declining years.

It is not, however, upon grounds like these, that the memorialists rest their application. They claim upon the footing of right, maintaining, your committee respectfully submit, with great force, that what they ask for, is due to them by contract. In the examination of this claim, it appears to the committee, that, towards men whose merits are so unquestionable, the government ought to be guided by principles of liberal justice, having regard to all the circumstances, giving them all their due weight, and, even where there might be some doubt upon the application of the rules that govern between man and man, to incline in favor of the memorialists. With this explanation, the committee beg leave to state that they consider the resolve of the 21st October, 1780, as a contract between the government and the offcers, voluntarily and freely entered into, at a time when both parties were at liberty in regard to the subject of it; and stipulating, as the consideration on the part of the officers, their future services until the end of the war, whatever might be its duration. It is not to be questioned that the stipulated service was rendered, nor that it was eminently useful. But it deserves to be remembered, in connection with all which subsequently occurred, that, after the officer had rendered the service, he had no further reliance but upon the faith and ability of the government. This was his condition, when the resolve of the 22d March, 1783, was adopted. The preliminaries of peace had been signed, the army was about to be disbanded, and he to be thrown into society, there to seek his livelihood by civil pursuits, for which the tenor of his preceding life was calculated only to disqualify him. Had he, under the pressure of circumstances so urgent, and growing out of his previous services, assented to the commutation, his country could scarcely deem it a voluntary assent, but rather a submission to an uncontrolable and instant necessity, which admitted of no deliberation or delay. But, there is another reason why this assent ought not to be considered as binding. The contract of 1780, was with the individual officers, and it is not strictly reconcileable with justice, that it should be varied, rescinded, or released, as to any one of them, without his own individual consent. The commutation, except as to certain retired officers, was offered, not to the individuals, but to lines and corps, thereby subjecting the individual, as to his own particular rights, to the decision of others, and, with respect to the younger and inferior oflicers, exposing them to be governed by the overruling influence of superior rank and years, to which they were habitually accustomed to submit.

The committee are aware, that it may be urged, (and between individuals it might be decisively urged) that the subsequent acceptance of the commutation certificate, of itself amounted to an assent. If the officer had been left free to make his choice, and having made it, the government had given him what he freely consented to receive, the argument would not have been without some force. But, he was not so free. The resolve of Congress, an act of the government and a law, left him no choice except to abide by the decision of the lines and corps of

the army, or wait, whatever might be his wants, 'till a more fortunate period should enable him to approach that body, not with a power to enforce his right, but only to sue for it in the language of solicitation. It may be remarked, though somewhat out of order, that this is substantially the course which these memorialists are now pursuing. They have waited 'till their country is able to do them justice, and they now petition for their right, offering to relinquish all they have received.

But, it is also true, and furnishes an additional answer to the objection, that the government was not able to comply with the terms of the resolve of 1783. It could not pay in money, and it did not pay in what was equivalent to money. The commutation certificate was then, and for some time after, worth not more than one eighth, perhaps even less, of its nominal value. When, at the distance of eight years afterwards, the funding system was established, it is notorious, that, generally speaking, the certificates no longer remained in the hands of the officers. The restoration of the public credit came too late for men whose necessities were so imperious: and thus, the half pay for life, which had been solemnly stipulated, and most meritoriously earned, dwindled in the hands of the officers, without any fault of theirs, to scarcely more than half pay for a single year.

Under this view of the case, it seems to your committee just and reasonable, and becoming the faith of the nation, to execute the contract originally made, upon the terms proposed by the memorialists: that is to say, of deducting from the arrears of the half pay, computed from the cessation of hostilities to the present time, the full nominal amount of the commutation certificate, and paying to the surviving officers the balance; and henceforward, during the remainder of their lives, paying to them the half pay stipulated by the resolve of 1780. For the arrears, the memorialists are willing to receive stock, bearing an interest.

In order to define and limit, with as much precision as possible, the extent of the demand which will thus be created upon the Treasury, your committee have thought it right to assume, as a basis, the number of surviving officers, and the aggregate of claim, which are stated by the memorialists themselves; and they recommend, respectfully, that any provision which may be made, be limited accordingly, so as not to exceed that sum.

In conformity with these suggestions, the committee herewith report a bill.

Report of a Committee of the House of Representatives, February, 1810.

The committee to whom was referred the petitions of sundry surviving officers of the late revolutionary army, in behalf of themselves and others,

REPORT:

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 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 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 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 of March, 1785, 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 cent. per annum, as Congress should find most convenient, instead of the half pay promised for life by the resolution of the 21st 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; pro