Abridgment of the Debates of Congress, from 1789 to 1856.

438 ABRIDGMENT OF THE H. OF 1R.] Revolutionary Claims. [FEBRUARY, 1834. then have been left to doubt, nothing to pre- been reduced by that arrangement, and therefore sumption. But this is not all. From 1794, entitled to half-pay for life, or the commutation in down to this hour, there had been the same lieu of it." opportunity to obtain equitable rights, by appli- The onus probandi was shifted; the burden cation to Congress, that exists at present. of proof was not left where it was intended it With these facts before us, said Mr. P., if should rest-with the claimant, but it was the natural presumption be not that all just thrown upon Government. He presumed it claims have been satisfied, according to the was not expected that the Government would provisions of the resolution of 1783, he con- send agents abroad to obtain negative evidence fessed that the conclusions at which he had from living witnesses. How, then, was it to arrived were singularly erroneous. The House be shown, in the present imperfect state of the had nothing to do with the question of the records, that an officer was not reduced, and value of the certificates; they were, without did voluntarily leave the service? The effect doubt, nearly valueless in the hands of a large of such instructions would virtually be to give portion of the original holders. This subject commutation to all who were in service on the was most satisfactorily discussed in the able 21st of October, 1780, and until the new arrangeand elaborate reports made to both Houses at ment was effected, instead of to those only who the first session of the twenty-first Congress, were actually reduced, as was originally conwhen the act was passed providing for the templated. He called the attention of the officers who were entitled to half-pay by the House to the second presumption: resolve of 1780, and for the non-commissioned " 2d. A continental officer, proved to have reofficers and soldiers who enlisted for, and served mained in service after the arrangement of the army to, the close of the war. The views taken in under said resolution of October, 1780, shall be these reports were interesting and instructive presumed to have served to the end of the war, or upon this subject. But he was considering what to have retired entitled to half-pay for life, unless was the natural presumption as to commutation it appear that he died in the service, or resigned, rights still existing; and, if his views were in or was dismissed, or voluntarily abandoned all any tolerable degree correct, it was diametri- actual command in the service of the UIited cally opposed to the legal presumption to be States." established by the passage of this bill. This, also, manifestly made new provision; Sir, continued Mr. P., we are told that the granting commutation to those who were in evidence of records is exceedingly imperfect, service after the new arrangement in 1780, and I assure the House that such is the fact to instead of to those who actually served to the a much greater extent than I had supposed, close of the war; for, in the state of record before applying to the department for informa- evidence, as declared by the committee, how tion. The muster-rolls had been almost entirely was it possible for the Government to prove, destroyed by fire, and all the records, from in very many instances, that the claimant, or various casualties, were broken; but this defi- the ancestor of the present claimant, "died ciency of record evidence was, in his estimation, in the service, or resigned, or was dismissed, or much more the misfortune of the Government voluntarily abandoned a command in the service than of the claimants, who came here after the of the United States? " There was no possible lapse of fifty years. But pass your presumptions, means of doing it. Mr. P. would pursue the sir, said he, and you will have little occasion subject no further. If there was no fallacy in for evidence. It is said that the rules which these premises, and the conclusions were legitiare to be regarded'as fixed principles by the mate, they were sufficient for his purpose. The department, provided this bill pass, are the House would not think of passing the bill in same which the committee have adopted in the its present shape. He ought not longer to ask investigation of claims coming before them. the attention of gentlemen, for which he was If so, and they accorded with the sentiments already under great obligation. Such were of the House, he confessed it was a matter of some of the objections to the bill that had very little consequence whether they were occurred to Mr. P., and thus much he thought applied here or elsewhere; and he was happy it his duty to say. For the committee making that the bill had been reported, that the opin- the report he entertained the highest respect; ion of the House might be deliberately and and he believed that he was no less disposed understandingly expressed upon the propriety than they were to grant, to the uttermost farof their adoption. Sir, said Mr. P., will not thing, all that was due to revolutionary officers their operation be that of a new law upon the or their heirs. But, said Mr. P., pass this subject of commutation? Look at the first bill, and you will do great injustice to the presumption of the bill; it has the advantage country; you will make a most exhausting of being plain; there is no ambiguity about it. draft upon your treasury, to answer, it may be, "It being established that an officer of the conti- some equitable claims that may as well be liquinental line was in service as such on the 21st of dated without it and you will, it is morally October, 1780, and until the new arrangement of certain, be compelled, under it, to acknowledge the army provided for by the resolution of that a vast number which have no foundation in date was effected, he shall be presumed, unless it justice- no foundation anywhere, except in appear that he was then retained in service, to have lost records and violent presumptions.

Pages

About this Item

Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 438
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

Technical Details

Collection: Making of America Books
Link to this Item: https://name.umdl.umich.edu/ahj4053.0012.001
Link to this scan: https://quod.lib.umich.edu/m/moa/ahj4053.0012.001/440

Rights and Permissions

These pages may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Please go to http://www.umdl.umich.edu/ for more information.

IIIF

Manifest: https://quod.lib.umich.edu/cgi/t/text/api/manifest/moa:ahj4053.0012.001

Cite this Item

Full citation: "Abridgment of the Debates of Congress, from 1789 to 1856." In the digital collection Making of America Books. https://name.umdl.umich.edu/ahj4053.0012.001. University of Michigan Library Digital Collections. Accessed June 8, 2025.

Abridgment of the Debates of Congress, from 1789 to 1856.

Annotations Tools

Actions

About this Item

Technical Details

Rights and Permissions

Related Links

IIIF

Cite this Item