often seeking a pretext to disengage themselves from it. Punishment in this case will be unavailing; but when an officer's commission is made valuable to him, and he fears to lose it, you may then exact obedience from him. It is not, indeed, consistent with reason or justice, to expect that one set of men should make a sacrifice of property, domestic ease and happiness, encounter the rigors of the field, the perils and vicissitudes of war, to obtain those blessings which every citizen will enjoy, in common with them, without some adequate compensation. It must also be a comfortless reflection to any man, that after he may have contributed to securing the rights of his country, at the risk of his life and the ruin of his fortune, there would be no provision made to prevent himself and family from sinking into indigence and wretchedness. Besides adopting some method to make the provision for officers equal to their present exigencies, a due regard should be paid to futurity. Nothing, in my opinion, would serve more promptly to reanimate their languishing zeal, and interest them thoroughly in the service, than & HALF PAY ESTABLISHMENT. This would not only dispel the apprehension of personal distress, at the termination of the war, from having thrown themselves out of professions and employments, they might not have it in their power to resume; but would, in a great degree, relieve the painful anticipation of leaving their widows or orphans a burthen on the charity of their country, should it be their lot to fall in its service. I am earnest in recommending this measure, because I know it is the general wish and expectation; and that many officers, whom, upon every principle, we should wish to retain in the service, are only waiting to see whether something of the kind will, or will not, take place, to be determined in their resolutions, either of staying in or quitting it immediately; and I urge my sentiments with the greater freedom because I cannot, and shall not, receive the smallest benefit from the ESTABLISHMENT, and can have no other inducement for proposing it than a full conviction of its utility and propriety. I am sensible the expense will be a capital objection to it; but to this I oppose the necessity. The officers are now discontented with their situation. If some generous expedient is not embraced, to remove this discontent, so extensive a desertion of the service will ensue, and so much discouragement be cast upon those who remain, as must wound it in a very essential manner. Every thing that has this effect, has a tendency, at least, to protract the war; and, though dictated by a well intended frugality, will, I fear, in the end, prove erroneous economy.

Congress being fully convinced of the propriety and necessity of making some further provision for the army, were pleased to pass the following resolutions:

IN CONGRESS, MAY 15, 1778.

Resolved unanimously, That all military officers commissioned by Congress, who are now, or hereafter may be, in the service of the United States, and shall continue therein during the war, and not hold any office of profit under these States, or any of them, shall, after the conclusion of the war, be entitled to receive annually, for the term of seven years, if they live so long, one half of the present pay of such officers; provided, that no general officer of the cavalry, artillery, or infantry, shall be entitled to receive more than the one-half part of the pay of a colonel of such corps respectively; and provided, that this resolution shall not extend to any officer in the service of the United States, unless he shall have taken an oath of obligation to, and shall actually reside within, some one of the United States.

Resolved unanimously, That every non-commissioned military officer and soldier who hath enlisted or shall enlist into the service of these States for during the war, and shall continue therein to the end thereof, shall be entitled to receive a further reward of eighty dollars at the expiration of the war.

In addition to the foregoing resolutions, Congress was pleased to make the following resolve, calcuted to afford that relief to the unfortunate and distressed, which humanity and gratitude demanded:

IN CONGRESS, AUGUST 24, 1780.

Resolved, That the resolution of the 15th May, 1778, granting half pay for seven years to the officers of the army, who should continue in service to the end of the war, be extended to the widows of those officers who have died or shall hereafter die in the service; to commence from the time of such officer's death, and continue for the term of seven years; or if there be no widow, or in case of her death or intermarriage, the said half pay be given to the orphan children of the officer dying as aforesaid, if he

shall have left any. And that it be recommended to the legislatures of the respective States to which such officers belong, to make provision for paying the same on account of the United States.

That the restricting clause in the resolution of the 15th May, 1778, granting half pay to the officers for seven years, expressed in these words, viz: "and not to hold office of profit under these States, or any of them," be, and is hereby, repealed.

[These resolutions, for a short time, produced the desired effect; but the increasing distress of the army in the subsequent years, arising from the inability of the public to perform their engagements, caused such discontents and uneasiness that alarming consequences were feared. At the same time, the reform of the army, which was proposed to take place by the resolution of Congress of the 3d October, 1780, not a little irritated their minds, already soured by disappointment. Under these circumstances, the following part of a letter from the commander-in-chief was written to Congress.]

[Transcript of a letter from General Washington to the President of Congress, dated near Passaic Falls, October 11, 1780.]

From said transcript the following is an extract:

"That there are the most conclusive reasons for reducing the number of the regiments, no person acquainted with the situation of our affairs and the state of the army will deny. A want of officers, independent of other considerations, were sufficient to compel us. But, that the temper of the army, produced by its sufferings, requires great caution in any reforms that are attempted, is a position no less evident than the former. In services the best established, where the hands of government are strengthened by the strongest interests of the army to submission, the reducing its regiments and dismissing great part of its officers, is always a measure of delicacy and difficulty. In ours, where the officers are held by the feeblest ties, and are mouldering away by daily resignations, it is peculiarly so. The last reduction occasioned many to quit the service, besides those who were reformed, and left durable seeds of discontent among those who remained.

The general topic of declamation was, that it was as hard as dishonorable for men who had made every sacrifice to the service, to be turned out of it at the pleasure of those in power, without an adequate compensation. In the maturity to which their uneasinesses have now arisen, from a continuance in misery, they will be still more impatient under an attempt of a similar nature. How far these dispositions may be reasonable, I pretend not to decide; but in the extremity to which we are arrived, policy forbids us to add new irritations. Too many of the officers wish to get rid of their commissions, but they are not willing to be forced to it. It is not the intention of these remarks to discourage a reform, but show the necessity to guard against the ill effects, by an ample provision both for the officers who stay and for those who are reduced. This should be the basis of the plan, and without it, I apprehend the most mischievous consequences. This would obviate many scruples that will otherwise be found prejudicial in the extreme. I am convinced Congress are not a little straitened in the means of a present provision so ample as to give satisfaction; but this proves the expediency of a future one, and brings me to that which I have so frequently recommended as the most economical, the most politic, and the most effectual that could be devised-A HALF PAY FOR LIFE. Supported by the prospect of a permanent dependence, the officers would be tied to the service, and would submit to many momentary privations and to inconveniences which the situation of public affairs make unavoidable. This is exemplified in the Pennsylvania, who, being upon this establishment, are so much interested in the service that, in the course of many months, there has been only one resignation in that line," [the Pennsylvania line.]

We can make no further extracts from this very eloquent and impressive appeal, but it cannot be supposed that the sequel of the letter abates in interest or forceful argument and illustrations. At the end of the letter the publishers on the part of the legislature of Massachusetts add as follows:

Soon after the reception of the foregoing letter, Congress were pleased to pass the following resolutions:

IN CONGRESS, OCTOBER 21ST, 1780.

Resolved, That the commander-in-chief and the commanding officer in the Southern department, direct the officers of each State to meet and agree upon the officers of the regiments to be raised by their respective States, from those who incline to continue

in the service, and, when it cannot be done by agreement, to be determined by seniority; and make return of those who are to remain; which is to be transmitted to Congress, together with the names of the officers reduced, who are to be allowed HALF PAY

FOR LIFE.

Resolved, That the officers who shall continue in the service to the end of the war, shall be entitled to HALF PAY DURING LIFE, to commence from the time of their reduction.

The publishers add:-"These resolutions of Congress gave that satisfaction to the army, which their wants and sufferings demanded, and the United States have since had no cause but to rejoice that their well-timed generosity has produced the most happy effects," &c. &c. They then introduce the following resolutions, viz:

IN CONGRESS, JANUARY 25, 1783.

The grand committee, consisting of a member from each State, report that they have considered the contents of a memorial presented by the army, and find that they comprehend five different articles :

1st. Present pay. 2d. A settlement of accounts of the arrearages of pay and security for what is due. 3d. A commutation of the half pay allowed by different resolutions of Congress for an equivalent in gross. 4th. A settlement of the accounts of deficiencies of clothing and compensation.

Whereupon, resolved, as to the first, That the Superintendent of Finance be directed, conformable to the measures already taken for that purpose, as soon as the state of public finance will permit, to make such payment, and in such manner, as he shall think proper, till the further order of Congress.

Resolved, With respect to the second article, so far as relates to the settlement of accounts, That the several States be called upon to complete, without delay, the settle ments with their respective lines of the army, up to the 1st day of August, 1780, and that the superintendent of finances be directed to take such measures as shall appear to him most proper for effecting the settlement from that period.

As to what relates to the providing security for what shall be found due on such settlement:

Resolved, That the troops of the United States, in common with all creditors of the same, have an undoubted right to expect such security; and that Congress will make every effort in their power to obtain from the respective States, substantial funds, adequate to the object of funding the whole debt of the United States; and will enter upon an immediate and full consideration of the nature of such funds, and the most likely mode of obtaining them.

Ordered, That the remainder of the report be referred, &c. &c.

The other papers contained in this valuable publication ordered by Massachusetts,

are:

1. The report of the committee of the army, to Major General Knox, with whom they had been directed to correspond, on the subjects of their petition to Congress, dated at Philadelphia, 8th February, 1783.

2. The resolution of the 18th March, 1783, making a call on the superintendent of finance for an account of payments made to the army, and what steps have been taken towards settling the army accounts, &c.

3. The resolution of the 22d March, 1783, granting commutation of five years' full pay, in lieu of half pay for life.—(See resolution, No. [12] page 9.)

4. The resolution of the 26th May, 1783, (on receipt of intelligence of the treaty of peace,) authorizing the commander-in-chief to grant furlough to officers and men.

5. The address of the 5th June, 1783, to the commander-in-chief, in the name and behalf of the general officers of the army, on the promulgation of the aforesaid resolution: By W. Heath, major general, President.

6. General Washington's reply thereto, of the 6th June, 1783.

7. The enclosure of the two preceding papers to Congress, by the commander-inchief.

8. The circular address of General Washington, dated at Newburgh, June 11th, 1783, announcing that the great object for which he had the honor to hold an appointment in the service of his country being accomplished, he was preparing to resign it into the

hands of Congress, and to return to that domestic retirement which it is well known he left with the greatest reluctance.

From the foregoing extracts, taken in connection with all the half pay and commutation resolutions, from that of the 15th May, 1778, (promising half pay for seven years after the conclusion of the war, to all military officers who shall continue in the service to the end of the war,) and the subsequent resolutions, Nos. 4, 6, 6, 7, 8, 12, 13, 14, and especially the three last, 12, 13, 14, it is unquestionable that half pay was not regarded as a pension, by Congress, at the time those resolutions were passed. Also, by casting an eye over the pension provisions for invalids by the resolution of the 26th August, 1776, No. 1, page 1, and the rest of that class, Nos. 3, 11, 15, 17, 18, 20, they will confirm the truth of the assertion that the former class of resolutions providing half pay and commutation, were entirely distinct in their character and object, from the latter class providing pensions for invalids-being the only subjects of pensions then recognized by Congress. That the former were confined in their object, to services rendered up to the close of the war, and ceased with it; while the latter provided for disabilities incurred in the line of duty, during the war, and for all time thereafter, based on a principle inherent and enduring with the casualties of war, as shown by continuous legislation on the subject after the war of the revolution, can no longer admit of a shadow of a doubt. Moreover, for the manifest purpose of preventing the half pay establishment (to meet the peculiar exigencies then existing) from becoming the subject of loose legislation thereafter, the resolution of the 26th January, 1784, (No. 13, p. 11,) in answer to petitions and memorials, foreclosed the subject by declaring that half pay cannot be allowed to any officer, or class of officers, to whom it has not been heretofore expressly promised. The commutation allowed by the resolution of March 22d, 1783, (No. 12, page 9,) passed in compliance with the memorial of officers of the army upon receiving intelligence of the treaty of peace, may be further regarded as indicative of the finality that might be expected upon petitions and memorials to vary and extend the provisions of half pay by further legislation, as we see was afterward actually done by the said declaratory resolution of January, 1784. Thirty and forty years thereafter, nevertheless, this pay extraordinary-for it was nothing neither more nor less-was new modelled and metamorphosed into revolutionary pensions, instead of revolutionary pay extraordinary-hard as it was for General Washington to persuade Congress to enter upon so necessary an expedient, when nothing else presented to his mind the cheering promise to save the country.

MATTERS DEFERRED IN THE FIRST EDITION.

In the preparation of this work, some observations were made and some reflections occurred which, for reasons stated, were then deferred, but may be acceptable now, to those who desire to look a little beyond the mere fact that such is the law on pensions or bounty lands-such the opinion of the law officer of the government respecting its obscurities such the decision of the department under like circumstances, and such the regulations and forms by which the law is administered.

1. In the first place, it will be perceived that the laws on pensions and bounty lands have been extracted from different editions of the statutes, which it may be proper to explain. A great portion of the work had been compiled by the senior editor, from the various detached pamphlet and other partial editions of the laws published at irregular intervals, but making up the series of nine volumes by authority of Congress from time to time, previously to the substitution of the standard edition of Little and Brown, from which the continuations in this compilation have been derived. As all the previous publications of the laws were equally authentic with that of Little and Brown, and as the greater part of this compilation had already been made with the greatest care, under the direction of the Secretary of War in 1833, preserving the

chapter and date of each act, and making reference to the original volumes and pages in the heading of each law so derived, thereby affording three modes of detection of any error that might occur in their compilation-it was deemed more safe to rely upon their accuracy so far, rather than take the hazards of doing it over again from Little and Brown's edition; in which determination we have been fully justified by the subsequent discovery that the latter edition is but little, if any more, reliable, perhaps less so than those which preceded it; and further, that the examination of different editions afforded the means of detecting any occasional errors or inaccuracies in either which might have been overlooked from an implicit reliance on one alone. And this has resulted in the discovery that none of them are entirely reliable: for in some of these editions there have been discovered in the single department of the pension laws, omissions of several important laws: and in others of them, numerous errors of dates, &c., of equally important acts referred to: all of which have been herein noted and corrected where they occurred.

But even these are small matters in comparison with the evils that afflict the entire code of laws, as are pointed out in part by the late Solicitor of the Treasury, the Hon. R. H. Gillet, in his luminous and valuable report of the 24th February, 1849, communicated to the Senate by the Secretary of the Treasury, the Hon. R. J. Walker, (Senate Document, 30th Congress, 2d session, Executive, No. 36,) "showing the operations of the Solicitor's office since its organization," &c., from which we make the following extracts, being a portion of the incidental remarks and suggestions accompanying the said report. The aptitude of this seeming digression to illustrate the foregoing facts, as well as the difficulties often experienced in the administration of the pension laws, which have given such frequent occasions to consult the Attorney General, must render the apology they afford, both useful and acceptable here, for the cumulative labor and research thus continually thrown upon the law officer, as well as other officers, of the Government. The portions we have omitted of that report might be regarded by some readers as of equal value and applicability with those quoted. The author of the report says:

"The undersigned, whilst in the discharge of the various duties devolving upon him as one of the principal law officers of the Government, having had his attention particularly directed to the subject of the imperfections of the present statute law of the United States, deems it his duty respectfully to call the attention of Congress to the great necessity of an immediate and thorough revision thereof.

"The rule is well settled in all judicial tribunals that every person is bound to know the law. This rule is inflexible, whether life, liberty, or property is involved. He is bound to know all the nice and subtle distinctions of the common law, as well as the rules that are most obvious and plain. He is also required to conform his actions to the statutes, whether plain, or complicated and doubtful. It is no defence that they were unknown or misinterpreted. The establishment of and adherence to these rigid but necessary requirements by governments impose upon them the corresponding duty of rendering their laws as plain as human agency can make them, and of placing them within the reach of all who are to be governed and controlled by their provisions. Laws which cannot he understood without great learning and ability do not command respect or ready obedience. Those which are not founded in the obvious principles of justice are not easily enforced, but fall into disrepute. The Government itself, when it attempts to enforce them, becomes the subject of reproach, and its authority is not respected. Jurors, if not judges, often conform to public opinion, and defeat their execution whenever practicable. This results, not from an intention to violate duty, but from a desire to do justice in spite of what is deemed an unjust law. Jurors seek to correct what they deem improper legislation; and this they will continue to do so long as public opinion will sustain them. Such results must be occasionally expected, until the law is made to conform to principles which are conceded to be clearly just. These remarks are particularly applicable to the laws of the federal Government. The people of each State participate more in making State laws regulating and controlling their rights, duties, and privileges, than in those enacted by Congress. Their State laws are found in every town, and in almost every school district, and are administered by their local magistracy and town authorities. The people hear them daily discussed and