Gazette of the United-States. — New-York [N.Y.], 1792-02-04 00:00:00, page 2

Resolved, That a committee be appointed to
. bring in a bill in conformity to the foregoing
resolution.
The objedt of the petition is to obtain an in
demnification from the United States against cer
tain engagements which were entered into by
her husband, the deceased major-general Natha
niel Greene, while commanding officer in the
fouiliern department ; and for the circuniftances
on which it is founded, refers to a representati
on of the 22d August, 1785, which was then made
by the laid General Greene to the United States
in Congress aUembled.
The petition is accompanied by a number of
vouchers, arranged in alphabetical order by the
Secretary of the Treasury in his report - from
all which he draws the following conclusion—
" That Itrong and extraordinary motives ot na
tional gratitude for the very lignal and impor
tant services rendered by Genera! Greene to his
country, serve to give a keener sting to the
regret, which ought ever to attend the necessity
of a ftricft adherence to claims of public policy,
in opposition to claims founded on ufeful a<fts of
zeal for the public service, if no means of pro
tecting from indigence and penury, the family
of that molt meritorious officer, shall, upon exa
mination. be found adinifHble."
Genera] Wajne rose to give his reasons for
fuppovting the petition.—
Mr. Chairman—lt may not be improper to
mention tlie motives that i ill pel me to vvifh a for
tunate issue, in favor of the claim now under con
iideration of this committee, which I mull alio
offer as an apology for the part I have taken, or
that I may eventually take in support of theclaiin.
Fronvniy firft interview with General Greene,
until the moment of his diflolution, we always
lived in the ftri<3efl habits of friendfhipand con
fidence—He was an officer with whom 1 had par
ticipated of almost every vicissitude of fortune
(in many a well tried field) from the frozen yva
ters of the north, to the bwrning sands of the
south—He was a man whose virtues and talents
I knew and revered—his noble foul would have
revolted at the Idea of iuipofiticui—he never
would have offered in a claim to Congress, but
upon the purest principles of honor and justice.
I was a witness to the pressing necessity that com
pelled him to become the surety, for which in
demnity is now claimed —he did what I would
liave done (as second in command) had he been
absent at th,at trying crisis.—The claim I know
tobejuft—and I am decidedly of opinion that
he was into that security from the situa
tion in he was placed by Congress, as
commander in chief of the southern department
—Under these impressions, I beg leave to submit
to the confederation of this committee the fuitof
resolutions now in my hand—and doubt not of
their concurrent support.—
O
ON motion of Gen. Wayne, the Houle went
into committee of the whole, Mr. W. Smith
in the chair ; the report of the Secretary of the
Treasury on the petition of Catharine Greene,
widow of the late major general Greene, being
under conlideratioti.
Refohed, as the opinion of this committee,
that the ellate of the late inajorr-gsneral Natlia
niel Greene ought to be indemnified for and on
account of the engagements entered into by that
General with certain persons in the state of South
Carolina, fpr the purpose of obtaining supplies
for the American army, in the year 1783, and
that ( be granted to the executors of the ef
rate of the late major-general Nathaniel Greene,
for that purpose.
Mr. Boudinot (aid, there was no greater friend
to the memory of general Greene than he was,
nor any person inos e anxious to have justice done
to his widow and family ; but he was apprehen
sive that the resolution proposed by the worthy
gentleman who had fit It brought forward this bu
ftnefs was not drawn up in such a maimer as to
insure it a paflage through both Houses of Con
grels. He wished therefore that it fliould be so
expressed as to prevent any tedious difcuflion,
and at the tame time do ample justice. The re
port of the Secretary of the Treasury puts the
fubje<ft on the belt footing. The motives which
led him to make the contract were, firft, the pub
lic good ; and perhaps secondly to serve his
HOUSE OF REPRESENTATIVES,
TUESDAY, January io> i 79 2 -
Petition oj Catharine Greene, Widow oj the late
General Greene.
PHILADELPHIA
CONGRESS.
friend Mr. Burnett, because he was his aid-du
canip, and he wished to put him in the way of
being established in business after the war ; but
Mr.Burnett was never in any other way connect
ed with general Greene, rhan as a young man
brought up in the family, whom he wished to pa
tronize. _
After a few other observations, Mr. Boudinot
moved to strikeout the preamble of the resoluti
on proposed by general Wayne, and to adopt
words nearly in substance as follows :
Resolved, That it is becoming the dignity of
Congress to make compenfatiton for the widow
and orphans of the late major-gen«ral Greene,
who so gloriously served his country ; and that
they be indemnified for the loss which his estate
is likely to fuitain by his having entered into
certain bonds for supplying the southern army
with rations and at a time when they
were threatening to disperse.
Mr.Findley obferved,that 011 the question as it is
now dated, the com mittee have a choice of three
alternatives ; the claim may be rejected, a pen
sion or gratuity may be granted to the amount,
or the claim of the petition may be granted as a
matter of right, upon the footing of its own me
rits by a special law, as all anthorifed claims
which Congress grant are given : claims for
which the Handing latys are competent, do not
come before us. lam in favor of the last alter
native. lam against rejecting the petition, be
cause as the facts are stated in the report of the
Sefcretary of the Treasury, general Greene put
ting himfelf in this situation of risk, was from
the 1110 ft public spirited motive : it was to sup
port the public interest at a most important crilis,
when the well being, if not the exiltence of the
southern army was at ltake, as well as the secu
rity of the inhabitants. If a commander in chief
of an army may be ruined in his private affairs,
by making an unauthorised exertion to save his
army or his country, the precedent may be dan
gerous ; it may teach commanders lelfons of pru
dence, which may have ruinous effects : it is
true, the neceflity of the cafe mult be such as will
juftify the unauthorised ineafur e ; from the re
port, this appears to have been the cafe in the
subject of the present debate. From the whole
state of fa<sts before us,genera!Greene appears not
to have had his own interest in view in this tranf
aiftion, if the proof of this only lay between
Banks and him. The eftabliihed character of
general Greene, not only as an officer, but as a
man of integrity and public spirit, certainly can
not fink when lain in the balance with thefecret
insinuation of an unprincipled speculator.—Such
has been jny s own opinion of general Green's cha
racter, that 1 would certainly require other
proofs than this before I would even indulge fuf
picicions : but it does not reft upon this ; we
have Banks's own testimony to the contrary, and
his partner, and we know it would have been
the interest of Banks and Co. to have made the
contrary appear ; nay we have such a cloud of
witnelfes, all concurring to the fame point, as
appears fufficient to remove doubts from ilie most
scrupulous mind. Unauthorised accounts are
admitted in settlements between the United
States and the individuals States, upon the prin
ciples of equity. 1 consider this as a cafe of the
fame nature, and will vote for ic agreeably to
this precedent. 1 consider granting the prayer
of the petition in this manner as an act of jus
tice, not only to his estate, but to the memory of
his character. But I object to granting the re
lief in the indirect way of a pension ; it is not
so lafe to the public, nor so honorable to the
heirs of general Greene. To the public It is
highly dangerous as a precedent ; it will operate
as an opening wedge to other claims without li
mitation. Few indeed can havean unauthorised
though just claim as commanders in chief of an
army reduced to such a dilemma as originated
the present quellion : but merit and distress are
not confined to commanders alone—they are to
be found in every rank of citizens. The strug
gles during the late revolution produced abun
dance of merit : we cannot look around in this
house, nor in any large collection of citizens,
but what our eye meets with those who have
claims of merit : we can scarcely be acquainted
in any neighborhood, but we must be acquainted
with such as have been reduced to diltrefs by
their meritorious exertions, either in the camp,
in the cabinet, or by granting supplies. How
many who have aided the public with their sub
stance, have been obliged to part with the evi
dences of their meritorious claims for a tempo
rary relief. Many of the aged, many widows
and orphans, to my knowledge, labor in penury,
and mourn in secret, on the account of such me
ritorious aids not being recompenced when it
ought ; though this was owing to the public
misfortune, yet the merit and fufferings were
not Ihe less. lam very sensible of the great
merit of general Greene ; ic is so well known
and so generally acknowledged on all hands, as
(to render it improper for me to enlarge thereon.
But superior as his merit was, if we grant a pen
sion or relief not founded on a just claim, merit
322
of a lower order must be also aduiitted—there is
no distinguishing the shades.
I have heard of claims on the footing of merit
brought before Congress, supported by fach ar
guments as would induce aftrangerto think that
nearly all the merit of accomplishing the revo
lution was centered in the claimant. If merit
is to be rewarded by pensions, we fhallfoon have
claimants in abundance—ln the exercise of f u .
preme command difficulties often arise which
render exertions neceflary, for which general
rules cannot be provided ; these have beeirgene
rally treated as objetfts of indemnification. Ma
ny claims are now before ; they are va
rious in their nature, and no doubt a'number of
them will be admitted : but froin every view I
have taken of the claim before us, I think it as
strongly addrefles our justice and sympathy as
any of them.
Gen. Wayne thought it necessary to make
Pome obfer ' ; upon what had fallen from
the gentle i his right (Mr. I'oud ot)—J_ n
order to p' ' ufiuefs in a proper point of
view, he !• ■«£ r qiention certain cir
cumstances j cviou evacuation of'Charlef
ton. Some of the fir> chat idlergift Souih-Caro
lina obtained a flag from General Greene to meet
a deputation i . erchan; an.: otl •s, uler a
flag from t' e ■.:h lines— thofemer '~n! s were
anxious to re:* tit < a:mj, << . t pur
pole of difpofin tli stock in ti.... - ! wifli
ed for a r< 10 tranfaift that business;
this indulgence was readily granted, for it was
thought an object of consequence to retain sup
plies for the use of the country as well as for
the army ; and they were permitted to continue
in the place for the space of twelve Months after
the abandonment Ihould take effect. Alfurances
were also given them for the inviolable protec
tion of their persons and property for that pe
riod. Thus fancftioned they were probably in
duced to speculate upon such ftoresasthe Britifli
army could spare (for that army was redundantf
ly lupplied) whillt the Americans were experi
encing almost every polfible distress for want of
the common necellaries of life. About this time
hopes were entertained of the speedy appearance
of a superior water force from the French Weft-
Indies, to that of the Britilh ; and the operating
army under my command was advanced to the
quarter-house, in a pofliion to prevent the ene
my from embarking with impunity, and to pro
tect the town and its inhabitants from depreda
tion and insult ; this manoeuvre had the delired
efFe<fl—it created a jealousy in the Biitilh gene
ral for the fafety of his rear, and general Leslie
was in a manner compelled to come into a con
vention, more resembling a capitulatitn, than an
abandonment, for he was under the neceflity to
" agree not to commit any insult upon the in
habitants, or depredation on their property, or
damage to the city, at or after his embarkation.
The word after caused some demur, but it was
infilled upon and complied with, in consequence
of the orders LUad previoully received from ge
neral Greene—a measure which at once afforded
security to the inhabitants, and a flattering pros
pect of full supplies, as well for the citizens as
for the army.
The gentleman (Mr. Boudinot) fays—how are
we to diltinguith between the articles and neces
saries that were acflualiy made use ot by the ar
my, and of the other goods purclialed ot the Bri
tith merchants ?
This may be fully answered and explained, by
mentioning this facft—that those merchants took
advantage, of their situation, and would not clif
pofc of any article suitable for the army, unlets
their whols Jlock were purchased together, having but
twelve months to dispose of their goods and col
lect their debts—nor could the neceflary articles
be obtained at the point of the bayonet, as the
merchants were protected by a compact ma e
utider the faniftion of a flag. Nor would ihey
trull the contractor Bank;, with their propeity,
unless general Greene became his lecurity ; )
which act, in their opinion, the United States
would be bound in honor to fulfil a contia
made by their commanding officer ; nor did ge
neral Greene come into the nieafure until com
pelled by dire neceflity, to prevent a mutiny an
diflolution of the army, And fucli was -the ex
lianlted situation of the country in the vicinity
of Charleston, that the executive and the leg' l
lature found it expedient to fend a didance int<j
the country to obtain supplies for tliemfel* cs an
the refugee families who were returning to 1 "*
city after the evacuation —in fact we were un e
the neceflity of taking part of this very pi o\ i io"»
to prevent an instantaneous revolt.
But the gentleman ( Mr. Boudinot) fa Js t>
general Greene's private friendtbip t>r !Tia J
Burnett, who had been his aid-de-catnp, waS
peculiar inducement for his entering in' o 11 ,
security, and that major Burnett had mortgag
an itland to general Greene as a collateia e
"i'his indeed was an aeft of private frien i 'P
but it was a subsequent tranfadUon, and no *
connected with the former,, nor is it among