Part 77

Mrs. Hamilton's Claim.

The House resolved itself into a Committee of the Whole on the report of the Committee of Claims on the petition of Elizabeth Hamilton, widow of Alexander Hamilton, praying for the compensation due to her deceased husband.

The resolution reported by the Committee of Claims is as follows:

"Resolved, That the prayer of the petitioner ought not to be granted."

The report was supported by Messrs. MONTGOMERY, VARNUM, HELMS, and BACON, on the ground that the late General Hamilton had no claim on the Government under the resolutions of the old Congress; because he was, on the 25th of November, 1782, a delegate in Congress, and, by the 6th article of the Confederation, incapable of holding, at the same time, a military commission. He was in that Congress, a member (if not the chairman) of the committee which reported the resolutions under which his heirs are now said to be entitled to compensation. Had no statute of limitations ever been passed, therefore, it was said that General Hamilton or his heirs had no claim on the Government; because in accepting a seat in Congress, he had virtually resigned his commission before the close of the war. The case might be a hard one; but there were hundreds of cases at least equally so, and cases too in which the sufferers had not, as General Hamilton had, subsequently enjoyed lucrative employments by the favor of his country. It was said that Congress ought to be just before they were generous. Before they granted a claim of this doubtful character, influenced by the character or standing of the individual, they should relieve the impoverished old soldiers who daily begged of them for a pittance of bread, whose claims were equally just and whose necessities were much more pressing.

Mr. BOYD spoke in favor of the report of the committee. Either the statute of limitations was just or it was unjust. If unjust, it ought to be repealed; if just, Congress ought to be careful how they made exceptions in favor of particular claims.

Messrs. JOHNSON, GHOLSON, DAWSON, SHEFFEY GOLD, KEY, PITKIN and GARDENIER, oppose the report of the committee. It was said that General Hamilton's having received a brevet commission at the close of the war was evidence of his having been considered in service until the end of the war; for unless he had, such a commission could not have been issued to him. But a short time before the peace, he was seen at the head of his regiment gallantly storming a redoubt at the siege of York, and contributed not a little to the capture of Cornwallis and his army. By accepting a seat in Congress he did not resign his commission, but held himself liable to be called into service at any time, if necessary. But if he had, from the best of motives, accepted a seat in Congress, and thereby resigned his commission, it was said that his heirs ought not, therefore, to be deprived of the compensation equitably due to him. Congress had extended the hand of relief to the daughters of Count de Grasse, who had no shadow of a legal claim; but their father had assisted by sea, as General Hamilton did on the land, at the capture of Cornwallis; they were in this country in distress, and Congress had relieved them. Should the same relief be denied to the representatives of a citizen who had served during the war, and whose legal claim, if barred at all, (except by the statute of limitations,) was only barred by his zeal in the service of his country, which prompted him to accept a seat in Congress? The statute of limitations, it was said, was never intended to bar Congress from discharging a just claim, but merely to prevent the accounting officers of the Treasury from allowing all the old, and perhaps fraudulent claims which might have been pressed upon them. Every gentleman who spoke, dwelt upon the obduracy of heart and injustice, as it was termed, which could refuse to the claim of the war-worn soldier, the compensation due to him for his assistance in achieving the liberties of his country.

Before the question was taken on the report, the committee rose, reported progress, and obtained leave to sit again.

And the House adjourned to Monday.

MONDAY, February 19.

Bank of the United States.

Mr. MONTGOMERY, from the committee appointed, on the twenty-ninth ultimo, on the memorial of the Stockholders of the Bank of the United States, made a report thereon; which was read, and referred to a Committee of the Whole to-morrow. The report is as follows:

That in proceeding to the consideration of the said petition, your committee instructed their chairman to address a letter to the Secretary of the Treasury, requesting him to furnish such information or observations as he might think proper, in relation to the subject-matter thereof, as connected with the financial and commercial interests of the United States. In reply to which, the Secretary, by his letter to the chairman, referred your committee to his former report on the said subject, made to the Senate of the United States, in obedience to the order of that House.

Your committee have been attended by agents of the petitioners, who, in addition to the matters contained in the petition, have suggested to your committee that the object of the petitioners was to obtain the renewal of the charter in its present form; that, for this renewal, the bank is willing to make compensation, either by loans at a rate of interest, or by a sum of money to be agreed upon, or by an increase of the capital stock, by a number of shares to be taken and subscribed for by the United States, to an amount adequate to the compensation to be agreed upon for such renewal.

These agents also suggested that they were fully authorized and empowered to offer and conclude the terms specifically connected with these propositions.

Your committee, not feeling themselves authorized to enter into such terms, and judging that the extent of those propositions would better apply to the details of a bill, than to the adoption of a principle to be first settled by the House, have, therefore forborne to inquire into the extent of the propositions, and, without expressing an approbation or rejection of these offers, or giving an opinion as to the plan and reasoning of the Secretary of the Treasury, your committee in order that the opinion of the House on this great national question may be declared previous to entering into the details connected with the subject, recommend the following resolution:

Resolved, That it is proper to make provision for continuing the establishment of the Bank of the United States, with offices of discount and deposit, under the regulations necessary for the beneficial administration of the national finances, during such time, and on such conditions, as may be defined by law.

WEDNESDAY, Feb. 28.

Amey Dardin.

Mr. GHOLSON, from the committee appointed on the seventh of December last, on the petition of Amey Dardin, made a report thereon; which was read, and referred to a Committee of the whole House on Friday next.

The report is as follows:

That the petitioner claims compensation for a stud-horse, known by the name of Romulus, taken from her husband, David Dardin, in the year 1781, for the use of the army of the United States. It appears that the said horse was impressed from David Dardin for the public service by Lieutenant Rudder, a Continental officer, on the 26th of February, in the year aforesaid, and was then valued at the sum of £750 specie. The horse was taken to the army in North Carolina, then commanded by General Greene, who, upon hearing of the valuation, ordered the said horse to be valued again, which valuation was still higher than the first; whereupon General Greene ordered the horse to be returned to his former owner, who called upon three persons to ascertain the damages sustained by the use of his horse, and they estimated the damages at £100. The said Dardin then received the horse as his property, and continued to use him as such until the 18th July, 1781, when another Continental officer again took the horse and gave a receipt for him, wherein the sum of £750 is mentioned as having been before stated as the appraised value. This procedure attracted the attention of the Executive of Virginia, and in December, 1782, Benjamin Harrison, then Governor, made a representation to General Greene respecting this subject; but the horse being by this time in the State of Georgia, and applied to the public service, was continued therein, finally disposed of, and never thereafter returned to the said owner. It also appears that this claim of Dardin was referred to the Virginia Assembly in 1782 by the court of Mecklenburg county; and, in a former report it is stated, and believed to be true, that Dardin accordingly petitioned the Legislature of that State; but his claim being considered as coming more properly against the Union than against any particular State, he did not succeed. He, or the present petitioner, was then advised that redress might be obtained against the officers who took the horse, and a suit was instituted in the High Court of Chancery of Virginia for that purpose, which suit was depending therein until the month of June 1793, when it appears to have been abandoned and was dismissed. With the exception of the fact which the committee have extracted from a former report in this case, that this claim was once presented to and rejected by the Virginia Legislature, (which is deemed a circumstance of no particular importance,) all the foregoing statement is supported by written documents, which appear to be genuine and authentic.

On the merits of this claim, your committee consider it almost superfluous to comment. The facts are conclusive in its favor, and no obstacle to its discharge can be conceived, except the lapse of time on this subject. The committee beg leave to state, that on the 23d July, 1787, Congress passed a resolution providing that all persons having unliquidated claims against the United States shall exhibit a particular abstract thereof to the Comptroller of the Treasury of the United States within one year. This was the first limitation that was adopted in respect to any class of claims, except those for personal services, which had been barred by the resolution of 2d November, 1785. The committee are of opinion that this claim was not included in the resolution of 23d July, 1787, because that resolution mentions only unliquidated claims; and the present claim was always liquidated and certain. The certificate granted by the Continental officer states the appraisement of the horse, made pursuant to the usage of the army, at the specific sum of £750 specie.

The next limitation to claims against the United States, and which it is believed by the committee embraces the claim of the petitioner, is contained in the act of the 12th February, 1793, which took effect on the 1st of May, 1794. On the 28th of February, 1794, the petitioner, instead of presenting her claim to the Treasury, according to the requisition of the statute of the 12th of February, 1793, presented it to Congress, who took cognizance of it, and ordered it to lie on their table. Her petition, and the only documents on which she could have succeeded at the Treasury, were retained in the possession of the House of Representatives until, and for some time after, the statute of limitations began to operate. Your committee have no hesitation in hazarding the opinion that in a case like this, between A and B, before an intelligent and upright, and equitable judge, the claim would be most undoubtedly sanctioned, as not coming within the spirit, although it may fall within the strict letter of the act of limitation.

Placing, however, this question out of view, the committee are still of opinion that the claim of the petitioner ought to be allowed. They believe that when a claim, founded in a fair consideration, and supported by indisputable evidence, is presented for payment, a proper self-respect on the part of the Government, as well as justice to the claimant, requires its discharge. They therefore submit the following resolution:

Resolved, That the prayer of the petitioner ought to be granted.

FRIDAY, March 2.

Mrs. Hamilton's Claim.