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rate days. Why, Sir, do not men who know, tell us boldly for what cause the judiciary law of 1801 was repealed? Men of candor, and I trust, Sir, such men are in great numbers here, will all agree, that party overthrew that system. Why disguise it? Those unhappy days are past, and we are indeed now all "brothers of the same principle." What was not demolished in those inconsiderate times? The National Bank, the Army, the Navy, Fortifications— almost all that told the understanding, or the eye, that we are one— tumbled into ruins, in the shock of that tremendous political earthquake. Coming years brought better feelings and sounder reasonings; and men have profited of their experience, and re-edified all that was most valuable: The Bank, the Army, the Navy, the sys. tem of Fortifications; and we are again a nation. Our fortresses on the ocean and on the land, look out from many a hundred iron eye, ready with indignation to blaze annoyance and destruction against hostile approach. Why, Sir, do you not follow this enlightened experience in your Judiciary? The very Turk or Tartar, though he demolish the palace and temple of classical antiquity, yet will he draw from the ruins materials for his stable and his seraglio. He who does not profit by that of others, stands in the next rank of fatuity to him who is a fool in spite of his own experience.

Let us not be told, Sir, that the system of the Resolution will augment the judiciary expenses. What will be expended in one way, will be saved in another. A saving to the citizen is a saving to the nation. These Courts will perform, and finish the judiciary labor in every District, Circuit, and Department. It will bring justice home, " and that right early," to those who are now compelled to travel for it; to wait for it; and to lavish their subsistence on the means of acquiring it. It may diminish a productive employment for us who come here to legislate for our constituents; and to litigate for our clients: but I trust we are sufficiently patriotic not to feel any attachment to a system, because it may augment our emoluments, when we know it must diminish the productive capital of our country. Sir, the People now expend less on the judiciary than on foreign relations. You give more, by some scores of thousands of dollars, for courtesy to other nations, than you pay for justice to your own citi. zens. It would be dishonorable to the Republic to be wanting to its dignity abroad; but can it be honest to be wanting in justice to its own citizens at home.

The system of the Bill, Sir, cannot, it is agreed that it cannot endure for Circuits will become too numerous to add a new Judge to the Supreme Judicial Court for each Circuit. We are told in reply, that we should not legislate for posterity: "let posterity take care of itself." In what country, in what House, are we, Sir, told this? Did the Pilgrims, the Bradfords, the Williamses, the Penns, the Smiths, migrate to this country for themselves, and not for posterity? Look out upon our American world: not a government was instituted; not a forest felled; not a city founded; not a house built; not a tree planted; and not for posterity. Where, and what should we have been, but for those who cared for posterity? This House, Sir, the great model of art and taste; the pride and ornament of our country, and of the republican world; the magnificent forum of legislation; the hallowed temple of justice— this House, Sir, was it built for us, and for the present generation only? No, Sir, it was founded by that man whose name spreads the light of glory over our nation, and whose whole life was but one act for his country-for the world, and for posterity. "Let posterity take care of itself!" To a gentleman who could feel and utter such a sentiment, I would address the words of the bereaved Macduff: "he hath no children."

The system of the Resolution carries in itself the principle of durability. When new States shall be added to this Union, and form new Districts, their Judges will distribute justice, until enough for a new Circuit shall have been formed, and then this Circuit shall receive a new Judge. This may be repeated as often as a new Circuit may be formed; until Circuit after Circuit shall be extended to the utmost limits of our national domain. The Supreme Court will sit a supervising tribunal-regulating and correcting every inferior jurisdiction. When the multiplied calls for justice shall require, then it may be separated, like the highest English Courts, into a fiscal, a criminal, and a civil tribunal. Two Judges in each department, as they must of necessity be unanimous, will, almost of necessity, secure correct decisions.

Thus, Sir, you may legislate, not for twenty years only, but, by Divine aid, for twenty centuries. Your judicial edifice will be extended, with your extending country; and will subserve the wants, and satisfy the requirements of these increasing States, and the multiplying millions of this great nation; until the American Eagle

shall, with one wing, winnow the breezes of the Atlantic, and with the other, hover over the quiet waters of the Pacific; until the colossal power of the republic, standing on the lofty mountains of this continent, shall, with one hand, extend the olive branch to the peaceful nations of the earth, and with the other, wave the sword of justice over the satisfied and tranquil citizens of these widely extended regions.

I have thus, Sir, according to the limited measure of my ability, made an effort to sustain the Resolution, moved by the honorable gentleman from Virginia; and I should be in some sort satisfied with that effort, could I have brought to his aid any portion of that efficiency, which, on a great and former occasion, was brought to the aid of an illustrious citizen of that State, by a son of RhodeIsland.




IN explanation and support of the Amendatory Bills for relief of the Survivors of the Revolutionary Army, Mr. Burges addressed the Committee of the Whole House, on the 4th of January, 1827, in the following


MR. CHAIRMAN-Although many things have already been said concerning the subject now before the Committee of the Whole House, yet, because, since that time, it was referred to the Committee on Military Pensions, and now comes up on their Report, some explanation of that Report may, at this time, be expected. I stand before you, Sir, for the purpose of attempting to make that explanation. Every thing connected with the Revolutionary War is interesting to the People of this country; but nothing is so deeply interesting as the venerable survivors of that Army which conducted that war, in the camp and in the field. It is not from any powers at my command, of placing before you the concernments of these men, but from their moral qualities, and the peculiar relations existing between them and our country, that I now hope for your candor, your patience, and attention; and, notwithstanding their cause may be hopeless, in the hands of such an advocate, yet must it, I am persuaded, be perfectly secure, before such a tribunal.


It will be recollected that this subject came into this Congress at its first session, in consequence of the President's Message, and of a petition from the survivors of those officers of the Revolutionary Army, who continued in service until the close of the War. petition was referred to a Select Committee, and so much of the President's message as related to this subject, to the Committee on Military Pensions. In the course of debate on the Bills respectively reported by these Committees, a recommitment, with instructions, was moved-and they were both, with instructions, recommitted: the result of that recommitment is the Report of the Committee on

Military Pensions, made in pursuance of those instructions, and stating "the number of those who served in the Revolutionary War for whom provision ought to be made by law, the amount necessary to make such provision, and the manner in which it should be made." This Report is now before this Committee, and a complete explana. tion renders it necessary to divide those for whom, according to this Report, provision ought to be made by law, into two classes. The first comprehends all the survivors of those officers who continued in service till the close of the war, supposed to be four hundred, together with the surviving widows of such of those officers as have died since that time, supposed to be three hundred and forty-seven.

The amount necessary to make provision for this class, is, in this Report, stated at one million. The manner in which this provision ought to be made, is therein proposed and detailed, giving to such officers eight hundred thousand dollars, to be distributed to them according to their rank and pay while in service, in a stock bearing a yearly interest of five per cent. payable quarterly, and redeemable at the pleasure of the nation. The amount of two hundred thousand dollars, provided for the widows of this class, is applied to their relief, by paying to each of them out of it, one hundred dollars a year, in quarterly payments. This fund is to be annually charged with these payments, and the balance annually credited with interest, at five per cent. It is calculated that this fund, so managed, will make provision for these venerable matrons during the remain. der of their lives. The balance, if any then remain, will fall to the Treasury of the United States.

The second class comprehends all the survivors of those who, in the Revolutionary war, were engaged in the land or naval service of the United States during the continued term of nine months or upwards, being regular troops, either of, or not of the line, and not being pensioners of the United States, or of any one of them. It also comprehends all the surviving widows of such as served in manner as aforesaid, and who were also not on any roll of pensioners.

The number of men of this class, for whom provision ought to be made by law, is stated by the Report, and stated on the authority of facts drawn from the Department of War. The number of the Army now alive, (not including the officers of the first class,) is not more than eighteen thousand five hundred; of these, five hundred

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