The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-20
CONGRESSIONAL.
REVOLUTIONARY AIMs.-coNTINUATIoN OF
THE DEBATE
Il snsArn, JANUARY l5, 1867.

The Senate as in committee Of the whole resumed the
consideration of the bill (H. r. No lb4) TO provide for
the final settlement of the claims Of the officers OF the
uonary army, and of the widows and orphan children
of those who died in the SERVICE the pending question
ing the motion of Mr. PUoH strike out the fourth and
fifth sections which are AS follows:
"SEo. L. And be further enacted, That the benefit os
the resolution of the twenty fourth Of August seventeen hI
dred and eighty shall be extended to the widows and
children Of all officers who died in the service at any period
during the of the revolution whether such officers be-
onged to the continental line or to volunteer corps call
into under the authority OF State but no
ment shall be- this except the widows
and orphan children OF such deceased officers.
shall be entitled to the benefit Of the
eenth of January seventeen hundred and and
receive the pay hospital physicians and surgeons
Mr.. FOSTER. Mr. President AS member of the Com
mittee Revolutionary Claims gave my assent to the
report OF the committee the subject now under consid
Grafton also gave my assent to the bill reported b the
committee. Tho bill before the Senate it will be
borne in mind is not the bill reported by your committee
but bill sent to from the other house 1t is however
similar in its general features and principles to the bill OF
the committee, and indeed, differs from it in only one inn
portan particular The bill before the Senate coming
from the other house. does permit the benefit Of It's
visions TO extend beyond grandchildren Of the deceased
revolutionary officers The bill reported by the committee
permitted the benefits granted by to nure to descend
of deceased officers without reference to the nearnes
OF relationship Besides that the differences between the
House bill and the Senate too small to merit any par
tcuar consideration For my part, should prefer
the bill reported by the committee of the Senate think
it just that the benefits Of the bill should nure to the
descendants of the deceased officer generally without limit
rather than they should be limited not to extend be-
yend grandchildren. STILL sir inasmuch the Senate has
thought proper to amend this measure and make it
like the Senate bill in that particular the question: Of
course, is upon the passage of this bill as it is.
The bill, Mr.. President, need not say to the Senate
has encountered very violent opposition The honorable
senator from Georgia Mr Tooap the honorable senator
from Ohio Mr.. PUGH the honorable senator from Mch
gan, Mr. STUART the honorable senator from Alabama
have all addressed the Senate at considerable
length in opposition to it attacking vigorously both in
its principles and in its details AS member of the
mittec which reported bill similar to this that it
may be regarded as The same, it may not, trust be
considered obtrusive if for short time occupy the
attention of the Senate in giving my views upon the
bill now under consideration have additional
son for addressing the Senate on the subject i
from State the State of Connecticut, which need
say to the Senaefor il is fact familiar all who
quainted with thehstoy of that periodwhich bore
spcuous part in revolutionary struggle No State in
confederacy did in proportion to its and
1t of the smallest States in the
ederacysmalest but two not favored in its climate
soil pr0ductiOnsand yet that State maintained,
during the whole revolutionary struggle very large
in the field and indeed, may say of my State that she
stretched forth powerful hand in aid OF American inde
pendence During the Of that bloody struggle
the State of Connecticut maintained year by year. according
to the official returns the following number Of in the
year l775 4407 in l776, l3227 in l777 $685. in 17Ts
4OI0; in IRE 3544 in 1880 1850; in i7sI 392l; in
1884, l,732 No State in the conederacy maintained
large force that with the single exceptions of the
State of Massachusetts and the State of Virginia Under
these circumstances as representative of Connect
cut feel that need not apologize for occupying brsf
portion OF the time of the Senate in the consideration OF
The principal points which rest my support of this
bill may be stated very briefly The old continental Con-
gress then the of the country made honest
contract with certain class of the officers of the
ton 1t B needless to add that that contract if made
ought to be performed Another substituted
for the original one but the substituted contract
under such circumstances not to abrogae the original
contract but to leave in full force and the original
tract therefore, notwithstanding the substituted one ought
still to be performed Waving that and granng for the
AJAX titufAd
took the place of the original one the substituted
has not been performed according to the intent and
ing of the parties to it. and therefore the original
is revived and ought to be performed The bill before the
Senate recognises these just principles and they are in
my Judgment, eminently just.
Now sir was there contract made between the govern
ment of the country and the class of officers then in the
army of the revolution? do not understand this to be
denied. do not understand that it is denied that the
resolution of the continental Congress of the 2lst October
$780, constituted fair and honest contract between the
government on the part and the officers OF the
who should make themselves parties to it the other
That resolution was
"RssoIued That the officers who shall continue in service
to the end of the shall be entitled haEpay during m
to commence from the time Of their reduction"
There is the contract the government side and
all the officers of the army who should remain in the SER
vice during the war are the parties on the other side The
only mode in which this contract is claimed have been
performed by the substitution of another contract for it.
The substituted contract is the resolution of March, 1885,
and tho claim s that the contract of October 81 l7s
abrogated by the contract of March 22 l7s3 by virtue
which the officers OF the army their part accepted FIVE
years full pay communication of the original contract
which gave them halfpay during their lives; and of
course the question arises under what circum-
stances was this contract Originally agreement for half
pay during fe) changed to provision for five years full
pay2 say that examination of the circumstances
rounding that transaction will show that there has been
fair and proper substitution of contract for another
by the parties to the first contract The original contract
being honest and fair one is to be performed agree
that the substitution of another contract for it would be
fair mode of performing it provided the contract thus sub
stituted be fair and honest one fairly and honestly
| tered into by the parties to the first
What were the circumstances of the government the
one part and the revolutionary officers the other
Were they such that it can be fairly said the second
honorable senator from New Hampshire Mr. BELL exam
ined this matter briefly it is true but ably yesterday,
that need spend but very little time upon it. II to
that single glance at facts which all agree in
regard to the passage of the resolution Of March, l783
will convince any candid mind that IL substitute
of the resolution Of March, 1884, shows satisfactorily to
mind that ii ought not TO be considered having
been substituted for the contract of October 1890 beg
leave to call the attention of the Senate portion of the
preamble to that resolution which reads thus
Whereas the officers of the several lines under the
by memorial transmitted by their committee
to Congress that the hapay granted by
outions regarded unfavorabe light by the citizens
some Of the States, who would prefer compensation for
ment for life and did that solicit Communication of
their half for equivalent in the modes
above mentioned in order to all subject of dssas
faction from the minds Of their fellowctzens, &c, &C.
1t claimed that the original contract changed for
this at the instance of the officers of the army they asked
for it they petitioned for it, and it is said ought
not to insist that the substituted really If
performed. the