gave

[H. OF. R.

tures of the sister States, whose authority and ability to enable the memorialist to prosecute his inquiries cannot be doubted, any more than their readiness to listen to a recommendation so worthy of Congress. On the other hand, should the committee be of opinion that Mr. C.'s is a wild project, and that his petition ought to be rejected, let the House, if satisfied with their report, confirm it by their unanimous vote. Where then is the danger of referring the memorial to the consideration of a committee? But if the House reject the motion for a reference, and the ingenious memorialist be obliged to apply to foreign countries, whose learned societies have already applauded his theory, and should there meet with encouragement, and be enabled to establish its truth, may we not be in danger of incurring the censure of the liberal and enlightened world?

Mr. SENEY said, that there was a degree of attention due to all applications from men of genius, and as Mr. C's memorial comes supported by many respectable vouchers, it ought certainly to be referred to a committee; if Congress should not deem it proper to give him the aid he requires at present, perhaps it may be recommended to the next House to afford him encouragement.

plained by an hypothesis which has been called extravagant, as it supposed the earth a hollow shell, with a nucleus within, revolving freely, and carrying round it the four points which he supposed attracted the magnetic needle, and gave it its direction-no theory, except Mr. C.'s, has been offered to the world, which solves so many phenomena of the variation of the needle, and bids fair to be of real use. I assisted (by the invitation of one of the committee of the first Congress at New York, to whom Mr. C.'s memorial was referred) in the examination of his theory respecting the finding the longitude of any place whose latitude is known, and where the variation is known, and I put it to the test in this manner. I Cook's voyages to one of the committee, and desired him to tell me the latitude of any place and the variation found there, and I calculated what the longitude ought to be according to the theory, and constant- Mr. CLARK made some observations on the subly found it to be nearly that stated in the voyage.ject. He said that the variation of the needle was The committee compared Mr. C.'s calculations of already sufficiently understood by all land surthe longitude which they demanded of him, with veyors, otherwise they were not fit for their busithat given by Cooke, and found a wonderful agree-ness; and with regard to any discoveries by sea, ment; and I have since seen many of Mr. C.'s he had little hopes from them, after all the fruitcomparisons of this sort, which agree with obser- less attempts which have been made by the ablest vations so nearly, as to justify my assertion that navigators and philosophers of Europe. the theory shows the ingenuity of Mr. C.; and I will add, that although it may not be generally applied to finding the longitude, because of the smallness of variation in some places, and other circumstances, yet it may be used in many places, if the truth of the theory be once established; and whatever can contribute to the discovery of longitude at sea must be worthy of encouragement. But granting that the variation of the needle could not be applied to the discovery of the longitude at sea, yet an easy and certain method of finding the variation is a most desirable thing, and of great consequence to geography, navigation, and surveying; and if Mr. C.'s theory be true, not only the variation, but the alteration of that variation, will be found by an easy calculation at any place whose longitude and latitude are known, and for any Mr. MURRAY hoped the House would appoint a given time; and he puts the truth of his theory to committee. He was not in Congress when this the test, which few theorists have been willing to subject was before decided against. This was a do, of a single experiment-a voyage to Baffin's question on which he was incompetent to decide, Bay. The United States need not be ashamed to but he could feel sufficiently for the literary reencourage the memorialist; the British Parliament putation of the House, and the great interest of encouraged voyages to ascertain the truth of Hal- science, to believe, that to commit the matter to ley's theory; and, if I mistake not, when that was a committee would best comport with the dignity abandoned, it was supposed the poles of the earth of the subject. Something more than was then influenced the needle; the Parliament offered submitted to the wisdom of Congress, is now twenty thousand pounds to any one who would go brought forward; at least Mr. Churchman so alto the North pole, and at the expense of their Go- leges. Let those gentlemen who wish to have an vernment the attempt has been made. But Mr. C. opportunity of gratifying a laudable curiosity be only requires that a voyage be made within four- indulged. When a man of science comes here teen degrees of that pole; and all I have asked is, with supposed discoveries in the active sciences, that his memorial be referred to a committee to we owe it to the subject, to ourselves, and to huexamine his theory, his calculations, and vouchers, man nature, to give his propositions fair play and respecting the probability of its truth, and the rea- mature consideration. We cannot do this withsonableness of his petition. If the committee should out a reference to a committee. We ought to be think his theory worthy of the experiment, he pro- cautious how we hastily decide on the views and poses to establish its truth; and if this House experiments of philosophical applicants, and ought should not think Congress authorized to grant to take warning from the disgrace of other nations money for that purpose, they may recommend Mr. whom history has held up for their premature reC. and his theory to the patronage of the Legisla-jection of enterprises and schemes of science. Co

Mr. WILLIAMSON said, it was the very same petition which had been before Congress the last session, when there were only three or four members who appeared to support it.

Mr. PAGE said it was not out of order to reconsider the subject; and to condemn it rashly, without a proper investigation, would be to render Congress ridiculous in the eyes of the world.

Election of President-Post Office Bill-Catharine Greene.

rial of Benjamin Lincoln, in behalf of himself, fore this House an accurate statement of all ascertained "That the Secretary of War be instructed to lay beCyrus Griffin, and David Humphreys, late Com-balances of pay, which appear by the books of the United missioners on the part of the United States for treating of peace with the Southern tribes of Indians, together with the report of the Secretary of War thereupon; and, after debate, an adjournment was called for and carried.

JANUARY, 1792.]

Petition of Catharine Greene.

[H. of R.

dered by General Greene to his country, must serve to Mr. Burnett, because he was his Aid-de-Camp, and give a keener sting to the regret, which ought ever to he wished to put him in the way of being estaattend the necessity of a strict adherence to claims of blished in business after the war; but Mr. Burnett public policy, in opposition to claims founded on useful was never in any other way connected with Geneacts of zeal for the public service, if no means of pro-ral Greene than as a young man brought up in the tecting from indigence and penury the family of that family, whom he wished to patronize. most meritorious officer shall, upon examination, be found admissible."

Mr. WAYNE rose and gave his reasons for supporting the petition, as follows:

Mr. Chairman: It may not be improper to mention the motives that impel me to wish a fortunate issue to the claim now under consideration of this Committee, which I must also offer as an apology for the part I have taken, or that I may eventually take, in support of the claim. From my first interview with General Greene until the moment of his dissolution, we always lived in the strictest habits of friendship and confidence. He was an officer with whom I had participated in almost every vicissitude of fortune, (in many a well-tried field,) from the frozen waters of the North to the burning sands of the South. He was a man whose virtues and talents I knew and revered; his noble soul would have revolted at the idea of imposition. He never would have offered in a claim to Congress, but upon the purest principles of honor and justice. I was a witness to the pressing necessity that compelled him to become the surety, for which indemnity is now claimed. He did what I would have done, (as second in command,) had he been absent at that trying crisis. The claim I know to be just, and I am decidedly of opinion that he was drawn into that security from the situation in which he was placed by Congress, as Commander-in-Chief of the Southern Department. Under these impressions, I beg leave to submit to the consideration of this Committee the resolutions now in my hand, and doubt not of their concurrent support.

After a few other observations, Mr. BOUDINOT moved to strike out the preamble of the resolution proposed by Mr. WAYNE, and to adopt words nearly in substance as follows:

gress to make compensation for the widow and orphans "Resolved, That it is becoming the dignity of Conof the late Major General Greene, who so gloriously served his country; and that they be indemnified for the loss which his estate is likely to sustain by his having entered into certain bonds for supplying the Southern army with rations and clothing, at a time when they were threatening to disperse."

Mr. FINDLEY observed, that on the question as it is now stated, the Committee have a choice of three alternatives; the claim may be rejected, a pension or gratuity may be granted to the amount, or the claim of the petition may be granted as a matter of right, upon the footing of its own merits by a special law, as all authorized claims which Congress grant are given. Claims for which the standing laws are competent, do not come before us. I am in favor of the last alternative. I am against rejecting the petition; because, as the facts are stated in the Report of the Secretary of the Treasury, General Greene putting himself in this situation of risk was from the most public-spirited motive: it was to support the public interest at a most important crisis, when the well-being, if not the existence of the Southern army was at stake, as well as the security of the inhabitants. If a Commander-in-Chief of an army may be ruined in his private affairs by making an unauthorized exertion to save his army or his country, the precedent may be dangerous; it may teach Commanders lessons of prudence, which may have ruinous effects. It is true, the necessity of the case must be such as will justify the unauthorized measure: from the Report, this appears to have been the case in the subject of the present debate. From the whole state of the facts before us, General Greene appears not to have had his own interest in view in this transaction, if the proof of blished character of General Greene, not only as this only lay between Banks and him. The estaan officer, but as a man of integrity and public Mr. BOUDINOT said, there was no greater friend spirit, certainly cannot sink when laid in the to the memory of General Greene than he was, balance with the secret insinuation of an unprinnor any person more anxious to have justice done cipled speculator. Such has been my own opinion to his widow and family; but he was apprehen- of General Greene's character, that I would cersive that the resolution proposed by the worthy tainly require other proofs than this before I would gentleman who had first brought forward this even indulge suspicions: but it does not rest upon subject was not drawn up in such a manner as this. We have Banks's own testimony to the conto insure it a passage through both Houses of trary, and his partner, and we know it would have Congress. He wished, therefore, that it should been the interest of Banks & Co. to have made be so expressed as to prevent any tedious discus- the contrary appear: nay, we have such a cloud sion, and at the same time do ample justice. The of witnesses, all concurring to the same point, as Report of the Secretary of the Treasury puts the appears sufficient to remove doubts from the most subject on the best footing. The motives which scrupulous mind. Unauthorized accounts are ad led him to make the contract were, first, the pub-mitted in settlements between the United States the good; and perhaps, secondly, to serve his friend, and the individual States, upon the principles of

"Resolved, as the opinion of this Committee, That the estate of the late Major General Nathaniel Greene ought to be indemnified for and on account of the engagements entered into by that General with certain persons in the State of South Carolina, for the purpose of obtaining supplies for the American Army, in the year 1783, and be granted to the Executors of the estate of the late Major General Nathaniel Greene, for that purpose.

that

"Resolved, That a committee be appointed to bring in a bill in conformity to the foregoing resolution."

H. OF R.]

Petition of Catharine Greene.

[JANUARY, 1792.

British lines. Those merchants were anxious to remain after the army, for the purpose of disposing of their stock in trade, and wished for a reasonable time to transact that business; this indulgence was readily granted, for it was thought an object of consequence to retain supplies for the use of the country as well as for the army: and they were permitted to continue in the place for the space of twelve months after the abandonment should take effect. Assurances were also given them for the inviolable protection of their persons and property for that period. Thus sanctioned, they were probably induced to speculate upon such stores as the British army could spare, (for that army was redundantly supplied,) whilst the Americans were experiencing almost every possible distress for want of the common necessaries of life. About this time, hopes were entertained of the speedy appearance of a superior marine force from the French West Indies, to that of the British; and the operating army under my command was advanced to the quarter-house, in a position to prevent the enemy from embarking with impunity, and to protect the town and its inhabitants from depredation and insult. This manœuvre had the desired effect: it created a jealousy in the British General for the safety of his rear, and General Leslie was, in a manner, compelled to come into a Convention, more resembling a capitulation than an abandonment, for he was under the necessity to "agree not to commit any insult upon the inhabitants, or depredation on their property, or damage to the city, at or after his embarkation." The word after caused some demur; but it was insisted upon and complied with, in consequence of the orders I had previously received from General Greene; a measure which at once afforded security to the inhabitants, and a flattering prospect of full supplies, as well for the citi

equity. I consider this as a case of the same na-
ture, and will vote for it agreeably to this prece-
dent. I consider granting the prayer of the peti-
tion in this manner, as an act of justice, not only
to his estate, but to the memory of his character.
But I object to granting the relief in the indirect
way of a pension; it is not so safe to the public,
nor so honorable to the heirs of General Greene.
To the public it is highly dangerous as a prece-
dent; it will operate as an opening wedge to other
claims without limitation. Few indeed can have
an unauthorized though just claim as Command-
ers-in-Chief of an army reduced to such a dilem-
ma as originated the present question: but merit
and distress are not confined to Commanders alone;
they are to be found in every rank of citizens. The
struggles during the late Revolution produced
abundance of merit: we cannot look around in
this House, nor in any large collection of citizens,
but our eye meets with those who have claims of
merit. We can scarcely be acquainted in any
neighborhood, but we must be acquainted with
such as have been reduced to distress by their
meritorious exertions, either in the camp, in the
cabinet, or by granting supplies. How many who
have aided the public with their substance, have
been obliged to part with the evidences of their
meritorious claims for a temporary relief. Many
of the aged, many widows and orphans, to my
knowledge, labor ín penury, and mourn in secret,
on the account of such meritorious aids not being
recompensed when they ought to have been; though
this was owing to the public misfortune, yet the
merit and sufferings were not the less. I am very
sensible of the great merit of General Greene; it is
so well known, and so generally acknowledged, on
all hands, as to render it improper for me to en-
large thereon. But, superior as his merit was, if
we grant a pension or relief not founded on a just
claim, merit of a lower order must be also admit-zens as for the army.
ted: there is no distinguishing the shades. I have
heard of claims on the footing of merit brought
before Congress, supported by such arguments as
would induce a stranger to think that nearly all
the merit of accomplishing the Revolution was
centered in the claimant. If merit is to be re-
warded by pensions, we shall soon have claimants
in abundance. In the exercise of supreme com-
mand, difficulties often arise which render exer-
tions necessary for which general rules cannot be
provided; these have been generally treated as
objects of indemnification. Many claims are now
before Congress; they are various in their nature,
and no doubt a number of them will be admitted:
but from every view I have taken of the claim
before us, I think the present as strongly addresses
our justice and sympathy as any of them.

Mr. WAYNE thought it necessary to make some observations upon what had fallen from the gentleman on his right, [Mr. BOUDINOT.] In order to place this subject in a proper point of view, he begged leave to mention certain circumstances previous to the evacuation of Charleston. Some of the first characters in South Carolina obtained a flag from General Greene, to meet a deputation of merchants and others under a flag from the

The gentleman [Mr. BOUDINOT] Says-How are we to distinguish between the articles and necessaries that were actually made use of by the army, and of the other goods purchased of the British merchants? This may be fully answered and explained by mentioning this fact: that those merchants took advantage of their situation, and would not dispose of any article suitable for the army unless their whole stock were purchased together; having but twelve months to dispose of their goods and collect their debts. Nor could the necessary articles be obtained at the point of the bayonet, as the merchants were protected by a compact made under the sanction of a flag. Nor would they trust the contractor Banks with their property, unless General Greene became his security; by which act, in their opinion, the United States would be bound in honor to fulfil a contract made by their Commanding Officer; nor did General Greene come into the measure until compelled by dire necessity, to prevent a mutiny and dissolution of the army. And such was the exhausted situation of the country in the vicinity of Charleston, that the Executive and the Legislature found it expedient to send a distance into the country to obtain supplies for themselves and the refugee