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1LITARY COURT OF INQUIRY.
Cinrespondienee of the lia/timore Patriot.
F«ki>ekick, (Md.) Jan. 11, 1837.
rWtem^*.Major Gen. A. Macomb, President.
Brig. Gen. Atkinson, ) Associates.
Brig. Gen. Brady, ^
Capt. S. Cooper, Judge Advocate.
Continuation of procceilinings in relation to
lie failure of the Seminole and Creek Cam-
igns, conducted by generals Gaines and Scott.
. Major General Gaines, attended by Ins staff,
’entered the room a few minutes after 11 o.
clock A. M. when the President said that the
Court were ready for business, and would pro.
coed with matters touching the campaign of
Gen. Gaines.
The Judge Advocate read “Order No. 65,
appointing the present Court and specifying its
duties; and “Order No. OS” directing the same
tribunal to inquire into the expediency of cer-
tain publications, and whether said, publications
were not a violation of the articles of war.
Gen. Gaines then addressed the Court as
follows:
•“Mr. President, and gentlemen of the Court
—My first object is to show the o-der given to
mo to command the western department made it
my duty, on hearing of the war in East Florida,
to collect together whatever force I could spee
dily, and with that force fly to the theatre of
the war to repel the invasion of the enemy and
to bent him; or to stand between him and the
bleeding frontier until the President of the U-
mted States should bo advised of the war, and
of mv measures, nnd then make whatever ar
rangements he might see fit lor affording pro
tection to that frontier. It was as c early my
duty to do this, as it was iny duty in July and
August, 1814, on (tearing of the disastrous bat-
tleof Niagara, and the wounds and disability of
my beloved commander, Gen. Brown, to ffy
from Sackctt’s harbor to the head of his divis
ion, nnd with it meet, and heat the British,*
commanded by the accomplished Lieut. Gen.
Drummond.”
General Macomb here suggested to Gen.
Gaines the propriety of withholding his remarks
until after tiie rending of the documentary evi
dence on the part of the United Slates, when
the court would be gratified to hear him.—
Gen. Gaines said ho did not wish to interfere
with thp course which the honorable court had
adopted in conducting their proceedings, but ho
deemed his remarks to be very appropriate at
the present moment, as he wished to show the
similarity of principle which governed him in
both cases, lie would, however, cheerfully
suspend the explanation until such a time as
the Court desired.
The Judge Advocate then read a letter fre.m
Gen. Gaines to the Adjutant General, dated at
New Orleans Jan. 15, 1836, reporting his ar
rival there,—the news of Dado’s massacre, and
recommending the transfer of the 1st and 6th
regiments infantry to Florida, with large sup
plies of ammunition.
Several “Orders,” being requisitions upon
the quarter master, ordnance and subsister.ee
departments were read.
“Special order No. 3,” directed to Lieut. A.
C. Myers, to repair to the arsenal tit Baton
Kongo for sundry ordnance stores for Florida.
“Special order No. 4,” dated at Mobile Jan.
27, 1836, appointed Capt. E. A. Hitchcock, of
1st infantry acting assistant inspector general.
[Gen. Gaines said that this order was issued af-
ter he had heard of Clinch’s battle, which de
termined him to proceed to Florida.]
Order No. 5, directing Col. Twiggs to receive
into service eight companies requested of the
governor of Louisiana, and with the United
States’ troops in the neighborhood, to prepare
for a movement toTamjm Ray toco operate with
Gen. Clinch.
Order No. 6, was a requisition upon the gov.
ernor of Louisiana for volunteers, accompanied
by a letter dated at New Orleans, Jan 15,
1836, explaining for what object, Arc.
In a letter dated at Pensacola Jail 25, 183G,
Gen. Gaines announces bis arrival to the Adjt.
General [or the purpose of soliciting the co-op.
oration of the naval forces with those on land
in Florida, and also suggests the propriety of
placing men and means at his command hitlier-
l/> allowed to officers of his grade and station in
limes of war, nnd ho would inflict exemplary
punishment on the too'much despised red and
black enemies in Florida, and also put into an
immediate state of defence the excellent forts
on that frontier which he said “were now i:j
the power of a few privates to take, sack and
blow up.’' [Gen. Gaines here observed that
at tho time this letter was written there was a
probability of a war with France.]
Gen. Gaines under date at New Orleans,
February 2d, 1S3G, wrote to Gen. Clinch, or
ofKccr<e<*mioandmg the troops assembling at or
nearST-orl King, in East Florida, advising that
ofRne.rof the proposed movement of the Louis
iana forces to Tampa Bay, with a view to the
co-operation of the troops assembling at or
near Fort King. Also advising said officer to
move with great caution, fortifying his camp
at night, and marching in open order during the
day so ns to be ready for action at a moment’s
warning. [General Gaines stated that he had
not at this time been advised of the appoint
ment of Gen. Scott to the command in Florida
«nd he therefore deemed it his duty to co-opcr-
«0e with Gen. Clinch.] Special order No. 7,
directed the United States’ officers to collect
their companies at certain posts.
In a second letter to Governor White, dated
on board the steam boat Watchman on Lake
Ponchartrain, I’cb. 4, 1836, Gen. Gaines re
fers to other companies who had tendered their
services, and recommended the acceptance of
them. [These companies subsequently arrived
nnd formed a portion of the centre wing of
Gen. Scott’s army.]
Under date of Jail. 22d, 183G, the adjutant
General writesto Gen. Gaines and requests hint
to return and remain at New Orleans until
further advised by the department; and makes
an extract from the secretary’s letter to Gun.
Scott in reference to departmental boundaries.
Gen. Gaines in reply to the preceding, dated
Pensacola Bay, Feb. 6,1836, acknowledges the
receipt of a letter, and says he cannot consist-
ly with his plan of co-operation with Gen.
Clinch, or Gen. Scott, or the commanding «<fi.
cer at Fort King, abandon the proposed expedi
tion or cooperation until its result is known,
or until the facts arc known at Washington, nnd
the president orders otherwise. He says he
made a voluntary pledge also to the governor
of Louisiana, that he would not require the
troops to go farther than he Irinself went, and
tlial he would stand by them as long ns they
stood by him in the contemplated movement.—
He also alludes to the extract from the socrc.
tary’s letter to Gen. Scott, touching the “imag
inary lino” about which said Gen. Gaines,
“ihe honorable secretary of war has been
pleased again nnd again to give himself so
much trouble—that is a matter which I per-
foctly understand—the long continued intrigues
und vindictive efforts of those who have writ
ten to mystify the subject, to the contrary not-
withstanding.”
Gen. Gaines observed to tlie court, “ibat lie
knew the force in Florida was weak, and hav.
tog given a pledge to co-operate with the troops
at Fort King, it might have induced the officer
to gave gone into the wilderness, und perhaps
have been cut up without hi# co-operation. I
was within two day’s march of what I deemed
to be the thealre of war. Had I abandoned
the command beforo Itw appearance of a supe
rior officer, the difficulty of brevet rank would
have disorganized the whole command, os
*Jn llii* service On. Gaines waa engagt-d in artion dur
ing a T.M-ge of menty-llime days, in w hich itx> enemy lust,
scrupling m thp be»t oiithoriir, near 1500officers and men.
The ll General himself, in his official report, arknmv-
ledgea his I<m«, in lhe prineipol battle, to tie 1K)5 officers and
»••«». Ilu los» in erven*! oilier conflict* out of the en-
raropnv nt, with tho«ie of the doily cannonade and boin-
hordmc.’jj within, wascrtimaicd a! 600men.
Lieut. Col. Foster would have exercised his
brevetcy, and Adjt. Gen. Smith had pledged
himself to serve under Col. Twiggs. I show,
ed to Col. Foster and several others, the skele
ton of a letter to Gen. Scott, supposing him to
be at Tampa Bay, or near there, but on the
contrary, he was not there nor had he been
heard of. He then stated to these gentlemen
that the difficulties which hud existed between
himself and Gen. Scott, must be overlooked in
the discharge of a public duty. As he did not
find Gen. Scon there, Ire went into the nation,
met and beat the enemy, and compelled him to
sue for peace—all of which 1 shali hereafter
prove.”
The
so freely expressed that wo deem it unne
cessary at present to do more than say
that such an ordinance, if enforced, will do
infinite good, and receive the approbation
of every friend of order and good govern
ment. It is to be hoped therefore that the
recommendation of the Mayor will be im
mediately acted upon, that we may be re
lieved of one,of the most prolific promoters
of quarrel and bloodshed.—Baltimore A-
mcrican Aik instant.
CONGRESS.
Adjutant General's letter dated at
Washington, 22d February, 1830, was read,
but Gen. Gaines said he did not receive it until
his campaign had terminated. Several orders,
being requisitions upon the departments, and a
letter to Capt. Webb, of United States’ Van-
dulia, were read.
On the 23d February, Gen. Gaines reported
to the Adjutant General his arrival at Fort King
—detailing his marches and operations, and en
closed Capt. (litckcock’s report of the massa
cre ground of Dade. The General here re
marked, that the bones of these poor fellows
had lain for 53 days unhurried, and yet he was
accused for precifdlancy in moving to avenge
the foul slaughter!
On the same day Ccu. Gaines repot ted
his arrival at Fort King to the command
ing officer at Fort Drane. Gen. G. observ
ed, that this letter was as much intended
for Gen. Scott as Gen. Clinch, but Gen.
Scott had not arrived even at this time with
in SO miles of his (Gaines’) department,
he contended that the rules of military law
did not authorize the transfer of the command
until the officer appointed bp the Jf ur Deprut-
ment hud un it ed at the scut of War. The
General here made an allusion to a ease
which happened in Portugal in the British
Army in 1S09, in which Sir Arthur Wel-
lcsly, Sir Henry Hardingc, and Sir Hugh
Dairy tuple were parties, which was simi
lar to the case of Gen. Scott and himself.
But with the exception that instead of re
fusing the command, Gen. Gaines signi
fied his readiness to t rnnsfer the command
at anytime, as his officers can testify, lie
said he would have co-operated with a
corporal if he had been sent by the Pre
sident of the United States, in terminating
the war.
General Gaines in a letter, dated at Fort
King, Fehuary 23 1S3G addressed to Gov
ernor White, of Louisiana, aft?r announ
cing his arrival, says:—“The inclosed
papers will apprise you of the co-operation
which I have reason to calculate on from the
forces under Generals Scott and Clinch.”
In speaking of the war, he says,—produc
ed probably—most certainly by the folly
and imprudence, if not by the corruption
and intrigues of our own agents, and by
the radical defects of our late system of
policy towards the Indians.
Orders Nos 13, 14, 1-5, 10, 17, were
severally read; but unimportant.
On the2Sth and 29th February and the
3d of March, severally nt Cam-; Izard,
General Gaines wrote to General Clinch,
or Officer commanding at Fort King, to
recommend a co-operation, as lie had the
main body of the Indians near him, and re
questing provisions, &c. “Order No, IS,”
dated at Camp Izard, March S, directs
Colonel 'l’wijrgs to proceed to New Or
leans.
“General Order, No. 7,” details the op
erations of the army, the subjection of the
Seminoles, and transfers the command to
General Clinch, passing also the highest
encomiums upon the officers and men
composing it.
General Gaines then rose and continu
ed his remarks which lie began at the o-
pening ofthc court.
“Upon the occasion alluded to our great
and good President Madison approved my
conduct and the-Congress of I814 honor
ed me and my brave companions in arms,
with a unanimous vote of thanks.
I was ordered upon that occasion to
command the forces on the Niagara Penin
sula. I think I was not particularly ordered
to throw myself in the breach which the
enemy had previously made, or to attack
and beat the enemy. No such order was
necessary to an officer who had made him
self acquainted with his duly. It is
scarcely necessary for me to sny that 1
advert to that deeply interesting portion
of my public services to show—not that ii
I did in}' duty honestly and faithfully then
I oughtto be indulged in doing wrong ,
hut that I acted in ’accordance with tlis*,
highest principles of military law then, and
that the same principles governed me in
every measure connected with my bite
campaign in Florida. I had been order
ed to command the Western Department,
and I affirm that to command a depart
ment, is promptly on the first appearance
of an enemy to meet and beat him; and
thus to repel invasion and protect the fron
tier-people, for whose protection I have
long been honored with a high command
in the army. If this is not the great object
of the people of the United States in the
heavy burden they have imposed on them
selves in maintaining an army, I am in
deed ignorant of the object of the
creation ond continuance in service of an
army.
I am prepared to show that it was as
much my duty and right, on hearing of the
war in Florida, to fly to its rescue from
the grasp of the infuriated Seminoles as if
Mr. Secretary Casss had written me
as long an order as one of f hose upon veur
table.”
Immediately succeeding these remarks
the Judge Advocate then read the official
report of General Gaines, dated at Camp
Sabine, Louisiana, July 4, 1S36, ad
dressed to the Adjutant General, in reply to
a demand of the reasons which prompted
Gen. Gaines to go to Florida. This splen
did and masterly production of General
Gaines attracted the most intense interest
during its reading, but its great length pre
cludes my sending it 5-011 for the present at
least. This is the report which was publish
ed by a friend of General Gaines in New
Orleans, and caused the inquiry into its
publication.
The feeling here has preponderated in
favour of Gen. Gaines wonderful
ly. His statements, &c. are so very clear
and unanswerable, that the auditor with
one accord says—he’s right.
Among the acts of legislation recom
mended hy his Honor the Mayor, in his
communication published yesterday, we
were pleased to find the passage of an or
dinance imposingapenaltyon all who shall
be found carrying deadly weapons. Our
opinions on this bead have been already
LN SENATE,
January 19, 1S37.
A message was received irom the Presi
dent of the United States communicating,
in reply to a resolution of the lGth, a letter
addressed to the President of the United
States, from the President of Mexico, of
the -4th of July, King the whole of the in
formation in possession of the President
concerning the visit of Santa Anna.
The correspondence, consisting of a
letter from Santa Anna, dated July 4th,
! and the reply of the President dated Sep
tember 4th, w:ts then read. The letter
from Santa Anna, states that he has given
up the idea of keeping Texas in a state of
dependence on Mexico, hut that it will
requite the interposition of a strong and
disinterested power to induce Mexico to
acquiesce in this view. lie considers the
President of the United States, asoccupy-
itig precisely the position which he ought
to occupy, to be able to interfere in this
contest so ;is to bring it to a termination—
and Santa Anna expresses his determina
tion to co-operate with the President in
this matter. The re pi}' of the president
is cautious, civil, and friendly. He ex
presses doubts whether an}- act of Santa
Anna, while a prisoner, could he consider
ed as having any validity; but is willing
to do an}' tiling which he can, to produce
so desirable a result, consistently with his
duty, and the policy of the practice of the
U. States. After the correspondence laid
been read,
Mr Preston, said, the gentleman who
had offered the resolution to which this
was a reply, was not in his sent, and he
did not know what dispositon he desired
to make of this message. He wished how
ever, to make a remark before the subject
was disposed of. The circumstances of
Santa Anna had greatly changed since his
letter of the 1th of July. Since that time
he had been released from captivity, anil
had arrived in Washington City. He did
not know whether the President, or Santa
Anna was disposed to enter into negotia
tion. But there was now a resolution on
the table, on the subject of recognition
of Texas. He did not kn.c,\v what dispo
sition the senator from Mississippi intend
ed to ir>"ke ol this resolution, but in his
1 own opinion, the present message did not
at till change, the position in which the U-
uited States stood, in relation to Texas.—
Whenever that resolution should he taken
up, he would pledge himself to prove tint
the U. Stales ;ue bound to make a prompt
and full recognition of the independence
of Texas, independently of tmy agency
on the part of Santa Anna. I11 her own
right, than her own position, Texas has a
right to he recognized. The enquiry of
the resolution he should not consider in
volving any opposition to the views of the
President in bis message, which placed
the propriety of recognition in the result of
the invasion of Texas by General Bravo,
which was now abandoned.
Mr. Walker made also a few observa
tions similar in their import, and read cer
tain interrogatories on the subject of the
feeling of Mexicans, which lie had submit
ted to agentlemanfrom Vera Cruz, and bis
replies, to show that the expedition against
Texas was abandoned.
Mr. Calhoun said he was disposed to
vote for the immediate recognition after
the information which had been received.
The message was then laid on the table
and ordered to be printed.
HOUSE OF REPRESENTATIVES.
January 1G, 1837.
Mr. Jones, of Ohio, presented the me
morial of the Managers ofthc Colonization
Society of Frcdricshurg, Ohio, praying
Congress to further their objects in the D is
trict ol Columbia,
Mr. Adams called for the reading of the
in, mortal; which was read accordingly.
Mr. Pinckney moved to lav the memorial
on the table, and asked for the yeas and
navs on that motion, which were ordered;
and were—leas 130, navs 49; [Mr. Wise
refusing to vote.] So the memorial was
laid on the table.
Petitions and memorials were further
presented hy Messrs. M‘Lcne Webster,
and Whittlesey, of Ohio.
Mr. E. Whittlesey said, iL having been the
sense of the House 1 hat petitions relating
to the abolition of slavery should not be
discussed today, lie begged to slate that
he had several such in bis possession, but
that I10 refrained from offering them, un
der the hope that, when he did offer them,
lie might be heard for a few moments, in
relation to the direction which he thought
should he given to them hy the House.
Petitions and memorials were further
presented by Mr Hamer, of Ohio; Messrs.
Forester, Carter, and Bunch, of Tennes-
SCO#
MEMORIAL FROM THE DISTRICT OF
COLUMBIA.
The Speaker presented a memorial
from Grand Jurors of the county of Wash
ington, in the District of Columbia, soli
citing that hereafter no petitions may be
recieved or entertained by congress from
societies or inhabitants of the non-slave
holding States, for the abolition ofslavery
in the District of Columbia.
Mr. Pinckney moved to lay the memo
rial on the table.
Mr. W ashington called for the reading;
and it was read accordingly.
Mr. Graham called for the yeas and
nays on the motion of Mr. Pinckney; but
the House refused to order them.
And the question was then taken, and
derided in the affirmative.
So the memorial was ordered to lie on
the table.
Mr.-Jenifer moved that the same be
printed.
The Speaker said the motion was not
now in order.
January IS, 1837.
ABOLITION.
The States being called for reso
lution,
Mr. Hawes, ofKy. offered a resolution
directing that every memorial and pa
per relating to the subject of slavery or the
abolition of slavery shall, as presented,
be laid on the table, without any further
proceeding thereon. To avoid all discus
sion on the subject he called for the previ
ous question on the resolutions.
Mr. Adams objected to the consideration
ofthe resolution-, and the yeas and nays
were ordered upon-the? question whether
the resolution shall now he considered.
The question was decided in the affirma
tive, yetis 11 -3, nays 57, so the house deter
mined to consider the resolution now.
Mr. Ilawes renewed his motion for the
previous question on the adoption of the
Resolution.
Mr. Pinckney, requested lhe gentleman
to withdraw his motion.
Mr. Hawes declined.
The House seconded the demand for
the previous question, 104 to 42.
Mr. Robertson moved a call of the
House, it appearing that 00 01 SO members
were absent; lost.
Mr. Evans demanded the yeas and nays
on the question, “shall the main question
he now put?” and they were ordered, and
were yeas 127, nays GG.
Mr. Grcnnell called for the yeas and
nays on the adoption of the resolution, and
they were ordered, and were yeas 121,
nays G7.
So the resolution was adopted.
PENSIONS.—"We have been politely
furnished by our vigilant representative,
the honorable JESSE F. CLEVELAND,
with the following documents for publi
cation. They relate to the claims ol
widows or orphans, whose husbands or
fathers have died in the military service,
or in consequence of wounds received .in
the military service of the United States.
WAR DEPARTMENT,
Pension Office, July 9, 1836.
In order to carry into effect the act of Con
gress of the 4th of July, 183G, entitled “An act
granting half pay to the widows or orphans,
where their husbands and fathers have died of
wounds received in the military service of the
_ United States, in certain cases, and for other
purposes,” the following ruins have been pre
scribed by the Piesidcnt of the United States,
and adopted by the Secretary of War; and they
are now published for the information of appli
cants under that law:
1. Applicants under the first section of the
act must produce the best proof the nature of
the case will allow, as to the service' of the de
ceased officer or soldier; the time when he died,
and the complaint of which he died, and the oU p.
posed cause o( his disease. It n:y ol be cleat IV
shown in what company a’.fi regiment, or corps,
he served, and the grade he held. Such proof
must b" rad, either from the records of the
War Department, the muster rolls, the testimony
of commissioned officers, or the affidavits of
persons of known respectability. From si r ilar
sources evidence must he derived, as to the
period and cause of the death of the officer or
so'dier.
2. The legality of the marriage, the name
of the widow, with those of her children, who
may have been under sixteen years of age at
the time of the father’s decease, with the State
or Territory nnd county it) which she and they
reside, should he established. The legality of
the niariiagc may be ascertained by the certifi
cate ofthc clergyman who joined them in wed
lock, or the testimony of respectable persons
having knowledge of the fact. The ago and
number of children may be ascertained by lhe
deposition of the mother, accompanied by the
testimony of respectable poisons having knowl
edge of them, or by transcripts from the parish
legisters, duly authenticated. The widow, at
■ he time of allowing the half pay, or placing
heron the list fo. it, must show that she has not
again married; and must, moreover, repeat this
at the time of receiving each and every pay
ment thereof; because, iu case of her marrying
again, the hall’pay to her ceases, and tlie half
pay for the remainder of the time shall go to
the child or children of the deceudcnt. This
may be done by the affidavits of respectable
persons having know]- dge of the case.
3. In cases where there are children and no
widow, their guard an "ill of course act for
them, establish their claims as prescribed in the
foregoing regulations, and receive their stipends
for them.
4. Applicants under the second section of
the law will make a declaration before a court
of record, setting forth, according to the best of
her or their knowledge or belief, the names and
rank of the If Id and c. mpnny officers, the day
(if posslb'e,) and the month and year when the
claimant’s husband or father (as the case may
be) entered the service, and the time wl.cn he
left the same; and if tinder more than one en
gagement, the claimant must specify the parti
cular periods, and the rank and names of the
officers under whom the service was performed;
the town or county, and State, in which the
claimant's husband or lather resided when he
entered the service; whether he was dratted;
was a volunteer or substitute; the battles, if any,
in which ho was engaged; the country through
which lie marched, with such further particulars
as may be useful in the investigation of the
claim; and also, if the fact be so, that the
claimant has no documentary evidence in sup-
[tort of the claim.
5. The same description of proof as to the
relationship of the claimant to the deceased
officer or soldier will bo required, as the rule
under tin' first section points out.
G. Claimants under the third section of the
law must not only produce such proof ns the
foregoing regulations direct. i:i relation to
widows’ claims, but they must in all cases, as an
Indispensable requisite, show when they were
legally married to the deceased officeror soldier,
011 account of whose services the claim is pre
sented, and that the marriage look place before
the last term of service of the husband expired.
They must also prove that they were never
afterwards married.
7. In a case where the service of the de
ceased officer or soldier is clearly proved by
record or documentary evidence, or the affi
davit of a commissioned officer, showing the
grade and length of service of the deceased,
the particulars in relation to the service are not
required to be set forth in the clnjmant’s declara
tion, except so far as to show that the claimant
or claimants is, or are, the widow or children of
the deceased.
8. The claimant must, in every case where
there is no record or documentary proof of the
revolutionary service of the deceased officer or
soldier, produce the testimony of at least one
credible witness. Traditionary evidence will
be deemed useful in every such case.
9. Applicants unable to appear in court, by
reason of bodily infirmity, may make alio de
claration before required, before a judge or
justice of a court of record of the county in
which the applicant resides, nnd the judge or
justice "ill certify that the applicant cannot,
from bodily infirmity, attend the cTiurt.
10. Whenever any official act is required
to be done by a judge or justice of a court of
record, or by a justice of the peace, the certifi
cate of the Secretary of State or of the Territo
ry, or of the propel clerk of the court or coun
ty, under his seal of office, will be annexed,
staling that such a person is a judge or justice
of a court of record, or a justice of tho peace,
and that the signature annexed ig his genuine
signature.
11. The widows of those who served in the
navy, or as Indian spies, will produce proof, as
nearly us may be, conformably to tho preceding
regulations, and authenticated in a similar
manner, with such variations as the different
nature of tho seTvioe may require.
12. The f.u-ni prescribed for claimants un
der the third section of the'aet will bo observed
by every other description of claimants, so fai
ns the same may be applicable to their cases.—
The judge or justice who may administer an
oath, must, in every instance, cerlily to the
credibility of the affiant.
13? In every case in which the deceased
officer orsoldior was a pen -inner, the fact should
be so stated, and the deceased pensioner so
described as tojnnble tfic Department to refer
immediately to the evidence upon which ho was
pensioned, and thus to facilitate the investigation
of the claim of his widow or children.
JAMES L. EDWARDS,
Commissioner of Pensions.
DECLARATION,
In order to obtain the benefit of the third section
of the net of Congress of the 4ill July, 1836.
State, Territory, or District, }
of l **'
On this day of , personally
n;peared before the of the
A B, a resident of in the county of
and State, Territory, or District of
, aged years, who j^'ing first
duly sworn according to tho law, doth, on her
oath, make tho following declaration, in order
to obtain the benefit of the provision made by
the act of Congress, passed July 4, 183G: That
she is tho widow of , who was
a [here insert the rank the husband field hi the
army, navy, or militia, as the case may fie, and
specify the service performed, as directed in rule
number four of these regulations,]
She further declares that she "as married to
to the said , on the
day of , in tho year seventeen hun
dred and ; that her husband, the
aforesaid , died on the
day of ; and that she has remained
a widow ever since that period, as will more
fully appear by reference to the proof hereto
annexed.
Sworn to, and subscribed, on the day and
year above written, before
AN ACT
Granting half pay to widows or orphans, where
their husbands and fathers have died of
wounds received in the military service of the
United States, in certain cases, andj'e.r other
purposes.
Be. it ena ted by the Senate and House of
Representatives of the United Stales of America
in Congress assembled, That when afiy officer,
non commissioned officer, musician or private of
the militia, including rangers, sea foucibics, and
volunteers, shall have died while in the service
ol the United States, since lhe twentieth of
A jiit 1, eighteen hundred and eighteen, or who
shall have died in consequence of a wound re
ceived whilst in the service, since the day afore
said, and shall have left a widow, or, if no
widow, a child or children under sixteen years
of age, such widow, or if no widow, such child
or children, shall be entitled to receive half the
monthly pay to which the deceased was entitled
at the time of his death or receiving such wound,
tor and during the term of five years; and in
case ol the death or marriage of sai l widow
before the expiration of said five years, tho half
pay lor the remainder of the time shall go to
the [children ol the] said decedent: Provided,
1 hat the half pay aforesaid shall be half the
monthly pay ol the officers, non-commissioned
officers, musicians and privates of the infantry
of the regular army, and no more: Provided
also, That no greater sum shall bo allowed to
tbc widow, or the child or children of any offi
cer, than the half pay ofa lieutenant colonel.
S;;c. 2. And be it further enacted. That if
any officer, non commissioned officer, musician,
soldier, Indian spy, mariner or marine, whose
service during the revolutionary war was such
as is specified in the act passed the seventh day
of Juue, eighteen hundred and thirty-two, en
titled “An act supplementary to the act fi>r the
relief of certain surviving officers and soldiers
of the revolution” have died since the fourth
day of March, eighteen hundred and thirty one,
and before the date of said act, the amount of
pension which would have accrued from the
fourth day of March, eighteen hundred and
thirty-one, to the time of his death, and become
payable to him by virtue of that act, if lie had
survived the passage thereof, shall be paid to
his widow; and if lie left no widow, to his child-
ten, in the manner prescribed in the act hereby
amended.
Site:. 3. And be it further enacted, That if
any person who served in the war ofthc revolu
tion, iu the manner specified iu the act passed
the seventh day of June, eighteen hundred and
thirty-two, entitled -‘An act supplementary to
the act for the. relief of certain surviving officers
and soldiers ofthc revolution,” have died leaving
a widow whose marriage took place before the
expiration of the last period of his service, such
widow shall be entitled to receive, during the
time she may remain unmarried, tho annuity or
pension which might have been allowed to her
husband, by virtue of the act aforesaid, if
living at the time it was passed.
Seu 4. And be it further enacted, That
any pledge, mortgage, sale, assignment, or
transfer of anv tight, claim, or interest in any
money or half pay granted by tins act, shall be
utterly void and of no effect; each person acting
for an! in behalf of any one, entitled to money
under this act, shall lake nnd subscribe an oath,
to be administered by the proper accounting
officer, and retained bv him and put on file, be-
fi):e a warrant shall he delivered to him, that
lie has no interest in said money by any pledge,
mortgage, sale, assignment, or transfer, and
that he dues not know or believe that the same
has been so disposed of to any person whatever.
Sec. 5. And be it further enacted, That the
Secretary of War shall adopt such forms of
evidence, in applications under this act, as the
President of the United States shall prescribe.
Approved, July 4, 183G.
A CURTAIN LECTURE.
(From the Philadelphia Gazette—a Whig paper)
“Mr. Wise, we perceive, litis comment
ed liis long and flatulent tails in Congress.
No one consumes more of the people’s time
and money to less purpose, titan this gen
tleman. The cacocthcs loqucndi is forever
upon him, and he will prate you by the
hour, with no sense of the infliction. We
learn lie considers himself a successful im
itator of John Randolph. He stands alone
in this opinion. Ho of Roanoke was terse,
vigorous and classical in his language, and
uttered few phrases which did not tell.—
Mr. Wise, on the contrary, is an adept on
ly inempty declamation,in the scsquipcdaUa
verba. We care not how much orators of
this sort are bepraised by partizans—we
have independence enough to withhold
from them our suffrages. There is too
much gabbling in Washington on the floor
of Congress; and the reason is, that every
other legislator, proud of a vast extent of
flimsy verbiage, is inflicting himself upon
his fellow delegates, and sending ad cap-
tandum sentences into the gallery. Tn our
humble opinion the salary ofthc Speaker
of the House of representatives ought to be
higher than that of the President; for he is
obliged to endure like a target all the fires
of contending disputants, without the pos
sibility of escape. Mr. Wise is the head
and front of these wranglers; and being ac
customed to speak our mind freely,
1
“•'Fist lie 5tar-sp:m*»le-J banner,oh, Ion
“O’erchelaiiil of thefreo timlthe home
of thebrave.”
• FEDERIL IN
ION.
aiII.IiEDGEYII*I.E, JAN.
31, 1837.
we cannot butlament that lie has begun
bis speaking campaign again. Let any
one remember how the busines of Congress
was crowded in its last setting into two or
three closing days of the session, and hur
ried through without form or order, and
how much was entirely neglected, and we
shall be coincided with in our condemna
tion of the long speeches, uselessly made
from which such unfortunate results en-
RESIST THE DANGEROUS IN
TRUDER.—In compliance with an inti
mation given in our last number, we pro
ceed to bestow a brief notice on the to
pics which have been employed in sustain
ing the late transfer of the Insurance
Bank of Columbus. It is said, that this
purchase has been made, not by a cor
poration, but by citizens of the United
Suites. This assertion is advanced by a
writer, who avoids responsibility, bv
concealing his proper name, while he un
dertakes to enlighten, or to mislead the
public, under the intangible designation
of “A Citizen.” Jt is not reasonable to
give credence to the assertion of art irre
sponsible author, until he shall exhibit the
proof's of its truth. The assertion is op
posed to the current rumor of the country;
it is rendered improbable by all the cir
cumstances which have been disclosed.—
We do not expect a candid statement
from the parties to the transaction. We
doubt not that they will endeavor to dis
arm opposition, by assuming for the pre
sent, such appearances, as they shall be
lieve to be least objectionable. But who
can be gulled by the statement, that Nich
olas Biddle, president of a bank with an
immense capital, in Philadelphia, is en
deavoring to enlarge his fortune by the
purchase of bank stock in Columbus?—
Can he find no mode of investing his
funds'nearer home, more open to his per
sonal inspection, and more subject to the
control of his own judgment? The sup
position is absurd; and we venture to af
firm, that it cannot be credited even by
those who employ it iu argument. And
if this stock has in reality been purchas
ed by Nicholas Biddle an l others, why
has it been entered in the ntjme of Jaudon,
cashier of the United .States’ Bank?—
Why docs not the name of Mr. Biddle ap
pear on the books of the Insurance Bank?
It he is, in fact, the lawful owner of pro
perly in Ge;(Bpa, why does he hold it in
the name of another man? Why any
disguise? And why does lie select, as
his trustee, the cashier of the United
States’ Bank?—a man who does not re
side in Georgia, who is absorbed by die
arduous duties ofa laborious office in
Philadelphia, and who cannot watch over
this property? And why was the late
cashier of the branch of the United
States’ B;iuk in Savannah employed to
leave his residence in that city, and to
go to Columbus, to arrange the business
of lhe Insurance Bank, and to reorganize
it after the purchase? No, this purchase
cannot be an individual speculation of
Nicholas Biddle; and we doubt not that it
is a part of the general system of the
United States’ Bank to make a lodgment
at die South, from which it may employ
i[s vast funds to control the exchanges,
and by an artful expansion and contrac
tion of its issues to regulate the prices of
southern property, and enable the owners
and favorites of the monster bank to spec
ulate in the alternations of abundance and
scarcity in the currency which it shall
produce; and ultimately to govern the
country.
But the same writer, in order to prove
that the purchase was not made by the
United States’ Bank, asks, “When or
where have they attempted to use the
corporate seal of either die old or the pre
sent United States’ Bank, within the
State of Georgia?” Will this writer ven
ture to affirm, does he know, that the cor
porate seal of the United States’ Bank,
chartered by Pennsylvania, was not used
in creating Jaudon trustee for the purcha
ser? or in clothing Hunter with power to
regulate the Insurance Bank? If “A Ci
tizen” is a party to this transacting, and
has a personal knowledge of the facts, in
stead of asking questions under a ficti
tious signature, let him give a history of
the transaction; under his proper name;
and the public will then know, what de
gree of credit to attach to his statements.
Those who attempt to aid this enor
mous monied corporation in making a
lodgment in Georgia, censure us for treat
ing it as the old United States’ Bank whose
charter we know to have expired. And
what is die difference? The one, it is
true, received its charter from the con
gress of the United States; the other, from
the legislature of Pennsylvania. Except
the United States, they have the same
stockholders. They have the same offi
cers, and the same capital. And is this
immense capital a lesss efficient, and
powerful, and dangerous instrument now
than formerly? Did the stockholders (ma
ny of them English aristocrats) expire
with their old charter? Have they risen
again, under the new charter, with new
characters, and with altered feelings and
interests? Or has the charter from Penn
sylvania made Nicholos Biddle himselfa
different man? No, they are not different;
in every essential feature thev are the
same. Confined within the limits of
Pennsylvania, this corporation is Samp
son with his hair shorn. Let the people
of the South beware how they permit his
hair to grow!
The partisans of the United States’
Bank draw an unjust inference from the
admission, that the stockholders of tho
Insurance Bank had a right to sell. It is
not true, that the right of one person to
sell any piece of property, and of another
to purchase it, are always correlative and
equal. If I am the owner of a lot of
land, and have good title, 1 have a right
to sell; but an alien has not a right to p Ur
chase real estate, and could iiotacn u i‘ re *
valid title from me. My right to sell, and
the alien’s right to purchase are no*t Cor .
relative and equal. In like manner t!ie
owners of the Insurance Bank had
right to sell their stock; but the United
States’ Bank had no right to purchas .
because, having no legal existence j r j
Georgia, it is incapable of performing atlv
corporate act within this state; and witlJL
out such corporate act, it cannot purchase
or hold property. If it shall he alled^,)
that iu the purchase and possession ,,f
this stock, the United States’ Bank 1^.
forms no corporate act within this state
but is wholly represented by Jaudon
its trustee, this will be a mere subter
luge. Can it be believed, tliat the la\ Vj
will recognize the agent or trustee, when
they do not acknowledge the principal 5
Shall the state suffer its policy to be de
feated hy a subtil sophism? Plain com
mon sense declares, that there can be no
trustee or representative of that which
has no legal existence. As. well might an
alien attempt to evade the law, by hold
ing real estate in the name of a trustee
It is maintained by an advocate of the
United .States’ Bank, that this purchase
will result in the exchange of an unsound
for a sound currency. Admit this to be
true, and the sordid argument is a persua
sive to us to sell our birthright lor a mess
of pottage. In ordei to save paltry sums
in making payments out ofthc state, shall
we resign our independence to a mam
moth corporation, which will have the
power, and may not want, the inclination
to destroy our prosperity, and to speculate
on our ruin?
But these friends of the foreign corno-
ration unjustly represent the currency
of the state to he unsound. We doubt
whether it has ever been more sound
We have at present more gold and silver
in circulation than at any former period.
We have understood from those who aro
well acquainted with them that tho
present condition of our state banks is
remarkably safe and prosperous. It i*
unjust to cast imputations on their credit,
iu order to exalt the foreign corpora
tion. And we do not believe, that a
currency regulated and controlled bv
thc e ailed States’ Bank would advance
the prosperity of the country. To con
stitute a good currency, it is not sufti-
cent that the bills in circulation maintain
their credit every where, and are worth,
in gold snd silver, the sums which thev
represent. It is also important, that the
quantity in circulation should not he sub
ject to such changes, as materially to va
ry the price of property, hy its redun
dance at one time, and its scarcity at an
other. This uniformity of quantity, so
essential to a healthful circulation, it
would be lolly to expect in a currency
regulated by the United Slates’ Bank.—
The magnitude of its capital enables it to
control this matter; the process by wliiwli
it operates is easy and certain; and rea
son and experience prove, that it will
pursue the course which its interest shall
dictate. It becomes very liberal in it*
discounts; and avoiding settlements waft,
other banks whose paper it receives, ii
encourages them to a course of equal! li
berality. Men find it easy to obtain large
sums on credit, and they perceive not
the snare that is laid for them. Thev am
tempted out of the paths of prudent
speculation, and rashly run 1 itito the ex
cesses and hazards of overtrading. Mo
ney is plenty, property bears its highest
price, and the country ap] tears, to lx- luxu
riating in boundless prosperity. But it
is a deceitful sunshine; and a storm, un
seen, is gathering its fury. The prosperi
ty of the community rests on a Jictitiou*
b tsis; it has been reared on bank-credit.
When the managers see that their victim
is suitably prepared, a concealed opera
tion commences, and thousands are ruin
ed, who had not seen their danger, aiul
who know not its cruise. The United
States’Bank refuses all applications fiw
money, and requires large payments from
its debtors. It at the same time exact*
prompt settlements from the banks w hose
paper it has obtained, and constantly
drains their specie in redemption of t’ucir
notes. These become alarmed at th«
pressure which threatens to crush them;
and are constrained, in their turn, to re
fuse all application#for money, and tore-
quire large payments from their debtor*.
Individuals, pressed by the banks, are in
their turn constrained to press their debt
ors. Those creditors, whose situation
would permit them, to wait, apprehending
that their debtors will be swept away in.
the general ruin, refuse to grant lurthcr
indulgence; and those capitalists who
have money to lend, hoard it, not know
ing whom they can safely trust. The
country has suffered no visible calamity?
but it is threatened with universal ruin.
It is panic-struck. Payments can be
made only bv the sale of property; nnd
there is so little money in circulation,
that the price of property suddenly fall’
to its lowest ebb. Honest men are una
ble to pay their debts by the stile of prince
ly estates, and thousands arc reduced
from gilded prosperity to helpless pover
ty. Ah! what a harvest now bursts on the
rich capitalist, who has hoarded his mo
ney ! Ah! how do the managers and
voritr s of the great bank now fatten
the ruin of their neighbors! Ho' v
they plunder the wrecks of their unfort°-
nate fellow-citizens! They can obtain,
from this mammoth corporation, money
in abundance to purchase property that
must be sold at a fourth of its value-
Who that remembers the pani£ the dis
tress, the wide spread ruin of 1S34, would
again confide lhe regulation of tbc cur
rency to the United Stats’ Bank?
But for the present we must break on
from this copious subject.
EXTRA SESSION of tbc United
States’ Senate. Tho president has noti
fied the senators to convene on the 4th 0
March next, for the purpose of holding at'
executive session.
CHARLESTON AND CINCINNAT-
TI RAIL-ROAD.—To aid in the accom
plishment of this great work, the legisla
ture of Soutli Carolina has chartered a
bank with the enormous capital of tweb®
millions of dollars, to be established 10
Charleston. North Carolina lias consent
ed to the establishment of a branch of t ns
bank on her territory, under a promts®