CLAIMS OF THE VIRGINIA REVOLUTIONARY OFFICERS.

SPEECH

OF

HON. J. S. MILLSON, OF VIRGINIA.

IN THE HOUSE OF REPRESENTATIVES, THURSDAY, SEPTEMBER 12, 1850,

In defence of the Claims of the Revolutionary Officers of Virginia.

The Report made by Mr. RICHARDSON, from the majority of the committee appointed on the 23d of April last to inquire whether Mr. Ewing, late Secretary of the Interior, had not reopened and paid certain accounts, and whether he had improperly paid interest on others, being under consideration,

Mr. MILLSON said:

Mr. SPEAKER: I regret very much to find myself at this late period of the session compelled to enter upon the discussion of a subject, possessing at any time but few attractions, and rendered the more uninteresting now, from the recent debates which have agitated not only this House but the whole country. But, sir, the report lately made by the select committee, and the remarks of some of the gentlemen who have come forward to sustain it, have imposed upon me a duty, which is not the less necessary to be discharged because it is unexpected and unwelcome.

where their connection with the parties and the supposed interests of their State might be presumed in some degree to influence their judgments, they had come to a general, and until recently I had supposed, an unanimous conclusion, that the payment of this claim was made without warrant of law. And, sir, they have always intended openly and freely to express this opinion. Why, then, were they driven to a position, seemingly so different-from that they desired to occupy? No one can pretend it has been our fault. The reason will be found in the course of the committee themselves. When, by a resolution of this House, they were directed to inquire and report as to the payment made to the heirs of Commodore Barron, we had no reason to suppose that they would make this inquiry a pretext or occasion for a general attack upon all the claims of the State of Virginia against the United States. Neither my colThe honorable chairman of the committee [Mr. Teagues nor myself had the slightest suspicion RICHARDSON] and the gentleman from Mississippi that this investigating committee were engaged in [Mr. BROWN] have thought proper to advert to the consideration of subjects which had never what they were pleased to call the singular posi- been referred to them-which did not legitimately tion of the Democratic Representatives of the State come within the sphere of their inquiries, and of Virginia. They have alluded to the course we upon which any report they might make would felt it our duty to pursue, in voting against the be unnecessary and gratuitous. My honorable motion to postpone the consideration of this refriend, the chairman of the committee, will do me port. They intimate that it was our purpose to the justice to acknowledge that no intimation was stifle the inquiries which the House had ordered, ever given us of their purposes. [Mr. RICHARDand that we were led to this course by a desire to SON here expressed assent.] It was not until the protect certain interests of Virginia, which had report was completed, and ready to be submitted been assailed or threatened by the report of the to the House, that any of the Representatives from committee. Sir, if there be just reason for this Virginia had the least suspicion that the commitimputation, the course of the Representatives from tee had been engaged in the examination of subVirginia would, indeed, be unworthy of that State.jects not embraced within the resolution of the It never was her desire to prevent a full discussion of all her claims against the United States, nor would she fail to rebuke such of her Representatives as should attempt to secure an undue advantage by any indirection or concealment. Virginia has never come before this Government as a mendicant she has never solicited the bounty of Congress. Nay, sir, so far from doing so, she has, up to this moment, steadily refused to receive from this Government her portion of the distribution fund, authorized by Congress to be distributed among the States, because she considers such an This, sir, was the language of the resolution as appropriation of the public revenues, corrupting adopted by the House. This was the subject and unconstitutional. It is not to be presumed, It is not to be presumed, referred to the committee for their investigation. then, that she has the disposition to bring forward And what have they done? Why, sir, they have any unfounded demands against the United States. undertaken to go into a general examination of The Representatives from Virginia have been the claims of the State of Virginia, growing out of extremely anxious to put themselves right before her liabilities for services rendered during the Congress, with reference to all claims that her citi-revolutionary war; claims which have been prezens might set up; and even in the present case, ferred by the State herself, and which have again

House, and which it was no part of their duty to consider. What was this resolution? It was as follows:

"Resolved, That a select committee of nine be appointed, and that they be instructed to inquire whether the Secretary of the Interior reopened and paid interest to the amount of thirty-one thousand dollars, on the pension granted to Commodore James Barron for services rendered in the Virginia navy during the revolutionary war, after the principal had been fully paid and discharged; and if said interest was paid, was it simple or compound; who was the agent or attorney for said claim; and the authority for such claim, if any."

Here, then, is the true object. It is to compel the department to return to what the committee regard as the proper construction of the law. The construction of the law. The gentleman from Illinois, and the gentleman from Indiana, virtually admitted this, when they declared, that unless Congress interfered, six millions of dollars might be taken from the Treasury to satisfy these Virginia claims. Now, sir, I will not pretend to say that the claims of the State of Virginia against the United States, for the revolutionary services of her citizens, have not been large. Standing here, as one of her Representatives, I shall not say any such thing. To be sure, they have been large. It should be the pride of her sons, though it may not be their boast, that these claims have been large. || Let me see the gentleman, who will seek to commend his State to the favorable regard of this House, by declaring that her claims for revolutionary services have been small. But, sir, though the claims of Virginia have indeed been large, I must, in all frankness, say to the gentleman from Illinois, and the gentleman from Indiana, that they compliment her much too extravagantly, when they suppose that six millions of dollars will be exhausted in satisfying her remaining demands.

Mr. RICHARDSON made an explanation, almost inaudible to the Reporter. He was understood to say that he had not pretended to give an accurate statement, as he had not made a close estimate.

Mr. BROWN, of Mississippi, (Mr. MILLSON yielding.) The gentleman from Virginia states that these are claims for services rendered to the country in the revolutionary war. Are not these Mr. MILLSON resumed. If the gentlemen claims founded upon an act of the Virginia Lehave not gone into a close calculation, they ought|gislature, passed in 1790, after the close of the to have done so, and not have indulged in loose conjectures. But let us see if we cannot at least make an approach to the true amount that will be required. The act of Congress of 5th July, 1832, under which all these claims arise, provides for the payment of the sums due to the officers of certain enumerated regiments or corps. They are only seven in all, besides the navy. It is easy, from

The

The regiment first mentioned in the act of 1832,duced the remaining posts, and planted the flag of is that commanded by Colonel Gibson. It was Virginia on the banks of the Mississippi. known as the first State regiment; but, was it em- inhabitants cheerfully took the oath of allegiance ployed in the exclusive defence and service of the to that Commonwealth, and submitted to her auState? No, sir. Though Virginia had her full thority. quota of continental troops in the field, this regiment was also placed at the disposal of General Washington. It was sent on for temporary service only; but when, at the bloody battle of Germantown, the ninth Virginia continental regiment, after having penetrated to the very centre of the village, was surrounded by the British forces, and such as survived made prisoners, the Assembly of Virginia immediately passed an act continuinglinois and the gentleman from Indiana might have Gibson's regiment in the continental service.

The regiment next mentioned in the act is the second State regiment. This, too, sir, was a long time employed in the continental service, though it had been raised for the particular defence of Virginia. It was sent on to Washington's army to take part in a single battle, but it was permitted to remain at the North two or three years, and it only returned when the terms of enlistment had expired.

Mr. DUNHAM was understood to say that there had been no objection to the payment of the claims of those officers who were referred to in the second section of the act. These had been settled long ago. It was only the claims presented under the third section that the committee repudiated. Mr. MILLSON. The third section relates only to the claims of these very officers. It provides for nobody but them.

Mr. DUNHAM. The gentleman is mistaken They were provided for by the second section.

Mr. MILLSON. It is the gentleman who is in error. The second section provides for a portion of them only, and the third section makes provision for adjusting and settling the remainder. The book before me contains the act of 1832. will send it to the gentleman, that he may read it. I am not sorry, Mr. Speaker, to perceive that the gentleman has fallen into this error, since it gives me reason to hope that but for his mistake, he would not have concurred in that part of the report of the committee which relates to the claims of Virginia.

So much, sir, for two of these regiments. Two others are mentioned in this act, about which I must say a word. They were commanded by Colonel George Rogers Clarke, and by Colonel Crockett. They were both employed in what is described in the act as the Illinois service: that is, in asserting and defending the title of Virginia to that vast region called the Northwestern Territory. Colonel George Rogers Clarke was a remarkable man. In native military genius, he was surpassed by few. This "Hannibal of the West, as he was aptly called, was selected to command the expedition designed for the conquest of the Illinois country. That territory was claimed by Virginia as being within her rightful limits. Several British posts, however, had been established there, and it was to reduce these posts, and confirm her possession of the country, that Clarke was sent out. He descended the Ohio with a small but gallant force, and leaving his boats marched towards Kaskaskias. He entered the town at dead of night, and surprised the fort before the enemy were aware of his approach. By a series of bold and rapid movements he successively re

It was thus, sir, that Virginia vindicated, by arms, arms, her title to that territory which she had always claimed as her own. What did she do next? She immediately organized the whole country on the western side of the Ohio, as a distinct county, called the county of Illinois; and but for the liberality which she afterwards displayed in yielding up the whole of this vast domain, the gentleman from II

been my colleagues on this floor; and instead of assailing the rights and interests of Virginia, they would be now exerting their acknowledged abilities in aiding me to defend them.

It may not be uninteresting, Mr. Speaker, to contrast the views that were then entertained by Virginia, with those which are now fashionable, upon a subject not unlike that which has lately been so much discussed. She acknowledged the obligation and felt the propriety of providing laws for the government of the conquered inhabitants who had submitted to her jurisdiction; but it does not seem to have occurred to her that their own laws would remain in force, except through her permission. The modern theory which makes the rights of the conqueror yield to the laws of the conquered, had probably not then been discovered. Virginia, at least, seems to have thought that these inhabitants could only retain their laws through an express grant from her; and her Legislature provided that the civil officers shall exercise their several jurisdictions and conduct themselves agreeable to the laws which the present settlers are now accustomed to.

it

But what, sir, did Virginia do with this magnificent domain-an empire in itself? She gave it to the United States. And what is more, she dedaway, sir. It was hers by every title, but she gave icated it to "free-soil." She did not receive ten millions of dollars for the grant. No, sir, she yieldservices, revile her institutions, and even threaten ed it freely, willingly, to those who disparage her her safety; and she has received for it not even the acknowledgment that the gift was hers to bestow, I have heard gentlemen on this floor, again and again deny that Virginia ever had title to this ter ritory. It were vain to argue the point now, but 1 subject, American legislators have sometimes been may be permitted to express regret, that upon this less just or less learned than British historians have been. I know that in the Continental Congress the delegates from some of the States ventured to impugn her exclusive title to this territory; but they were answered by an indignant Remonstrance. the sense Virginia had of the wrong meditated toI will quote a passage from it, not merely to show in which we have ourselves been actors within a wards her, but because of its application to events few days past:

"Should Congress assume a jurisdiction and arrogate to themselves a right of adjudication not only unwarranted by, but expressly contrary to, the fundamental principles of the Confederation, susperseding or controlling the internal policy, civil regulations,and municipal laws of this or any other State, it would be a violation of public faith, introduce a most danterritory or subvert the sovereignty of any one or more of the gerous precedent which might hereafter be urged to deprive of United States, and establish in Congress a power which, in

process of time, must degenerate into an intolerable despotism."

How prophetic is this language! How does it rebuke the pretensions which have been lately set up, as to the power of this Government to determine the territorial rights of the State of Texas! I would, Mr. Speaker, that President Fillmore, before he sent us that most remarkable message, which has lately been the subject of discussion here, could have had his attention called to this remonstrance of the State of Virginia, made some seventy years ago.

Congress, however, acknowledged the title of Virginia to this territory by recognizing her right to impose conditions upon the cession, and by accepting it subject to these conditions. The United States have always held this territory under the grant from Virginia, and when the present Constitution was adopted, the compact between that State and the United States was declared to be as valid as under the Confederation.

And now, Mr. Speaker, let me ask, what is it that Virginia has demanded of the United States? She has asked, after cheerfully giving up this vast domain, what the other States of this Union, without surrendering anything, have already received: simply the payment of her revolutionary debt. There is not a single State that has not received what Virginia has demanded. She has already paid her share of the revolutionary debt of Massachusetts and Pennsylvania, and the rest, and she expects them to pay their share of hers. Congress, in 1790, assumed the payment of the debts incurred by the individual States, "for the general or particular defence during the war;" and under the provisions of this law all the other States have already received what they expended. Yet Virginia is made the subject of attack, as if she had asked some great favor of this Government-as if she had sought to be placed upon a better and different footing from the other States-as if she had ever done more than demand that they should do to her what she has already done to them.

the slave States, who not only paid their own share, but $6,300,000 to the North. New England alone received $3,924,911, rather more than two dollars a head for every man, woman, and child in her limits. During the same four years she paid in taxes to the Federal Treasury, according to our tables, one dollar and seventy-two cents per head, so that she actually received more in pensions than she paid in taxes.

Mr. MILLSON resumed. These statements presented by my colleague are indeed interesting, and they appeal strongly to the sense of justice of the House.

And now, Mr. Speaker, let me inquire, what was the debt that Virginia incurred to her revolutionary officers? And I invite the particular attention of the gentleman from Mississippi, [Mr. BROWN,] that he may see I am quite willing to go into the discussion of the point indicated by him a little while ago. The debt due by Virginia to these officers was half pay for life, which was in certain cases to be compensated by ten years' half pay advanced. By acts of her Legislature, passed during the continuance of the war, she promised half pay for life to those officers of her State line who would serve to the end of the war; and in 1790, she provided a "compensation" of this half pay for life, by giving them a gross sum equal to half pay for ten years.

Several of these officers instituted suits against the State for the recovery of this sum, and judg~ ments were rendered in their favor. This was done prior to 1796. In other cases the amounts were paid without suit, the liability of the State having already been the subject of adjudication, and the Legislature not caring to subject the claimants to the necessity of a resort to the courts. These sums were paid by Virginia; they amounted in all to about $139,000. In the year 1830 judgments were also obtained by other of these offcers, or their heirs, against the State of Virginia, in her own supreme court of appeals. These judgments amounted to upwards of $241,000. They were rendered in a class of cases, in which it was not supposed, before that time, that the State was liable, and they were ably and zealously resisted by her attorney general. Sir, Virginia never made any application to the United States until these last judgments were rendered against her. Then, and not till then, when these heavy liabili ties were pressing upon her-liabilities incurred rather more in the general defence, than in her own particular defence, during the revolutionary war-did she come to Congress, and ask that what she had already paid should be refunded to her, and what she was then liable to pay should be discharged by the United States. Her memorial 33,708,273 was presented by Mr. Gilmer, who was appointed. a commissioner for that purpose; and in that very 52,438,123 memorial it is distinctly shown, that nearly all the 7,336,367 payments made by Virginia before the year 1796, 45,101,756 and which she asked to have refunded, were payments in what are familiarly called commutation

Mr. MEADE (with the consent of Mr. MILLSON) here read the following extract from the Executive Documents of 1837-'38, showing the several amounts expended by the States in the revolutionary struggle, and the amounts refunded to them by the General Government, saying that his object was to show that Virginia had not yet received the same proportion of repayments which had been made to the other States:

The seven free States contributed to the expenses of the war...

And had received in pensions, in 1838.

Balance in their favor..

The six slave States contributed...

And had received, in 1838.

Balance in their favor.........

Virginia contributed.

And received in pensions up to 1830..
Massachusetts contributed..

And received in the same time..

South Carolina contributed..

.$61,971,170
28,262,897

cases.

19,085,982 1,969,534 And here, sir, I must notice a remark made on 17,964,613 4,058,031 yesterday by the gentleman from Indiana, [Mr. 11,523,299 DUNHAM,] in which he did gross, though I cannot And received in the same time 431,141 but suppose, unintentional injustice to Virginia. New York contributed.. 7,179,983 He said that Virginia had steadily refused to admit And received in the same time.. 7,850,054 these demands until she ascertained that this GovThe results are equally remarkable, if we have regard to ernment would agree to them. In this, sir, the gen the whole number of pensions, revolutionary and others. The expenses, under this head, for the four years ending in tleman is entirely mistaken. Many of these claims 1837, were $8,010,051 in the free States, and $2,588,101 in were established against her, as I have shown,