l\..Jk

.A'. „_!>:'_ _S-

1 J

r r f ■f ..P-J-, I

f n. |. 7. -f.. '|. .J,, p.

v^v. :i.^ yt .' v>

•.■^. -^-JS ■ ■:'l:$.

t^ A,'^ ^'^^

^*i-' -^^ --^ -:-.fir -^^

^^. :i, -i ;| . ;^; ^j'

.■ -I :'^ ■^?. t v^-.'.

■ f^' -li^ :\^.. ' |t [t ■ •■(! . /

■■ /-r' -•■ ■ ..., .i.^ ".[t. # .:|^ .u- :r- '

p. V. -i:^- T^ i^- -^^^ ft' T " ''■ ' ''^' ^^ - -.. ,.. ■ :|^. '\4 i'i '-l-^ .^i^ -j-i a .■

•ft" ^T '"T- " ^''^ T*^ ^:& ...f^ 4<-' \"v* • •^^•■,-

^-/ ' "rv^ :|;./-' .Yc." 7v' h iM. "ri:' v^ :*.

'■ ' . «;■-■',. ••-■'.

r, ^ f^'. 'J/' 1^ ;;^ -v.. -.^

If.- '; 'k i^. f^ !*■ .1-^ >^- ;%' 'f-

* 6 0 " "

-1* '

*>> ■<& » Vifi^^^" ^<» /3i^ •'a*

<^. *'

K r'^^^.^^^S-. '^-^o'^

6"^^

^0-A

^. .^ /

4 O

^^..^'^

•^•' .

K^^ "' ^^^

°o

0* '^M^^^^ ^0\^ °^N^^B" '^^r>'^

v

° %,<^^ '*

"^^ ^o**- '<5>

'' , 0 « 0 - <6 ^is^ . , . -^ aV ^ ' • * «

^^^^

^c

^ «. >..fi«te^<" *#>

V" .vL*^'.

•f!

STATEMENT

OF THE

CLAIM

^^ ■.. i^ t ,'•■. ^

^/65

OF THK

R hode-Ifland Brigade,

COMPOSED OF THE THREE REGIMENTS COMMANDED BY

Cols. CRARY, TOPHAM, and ELLIOT,

FOR THE

DEPRECIATION OF THEIR PAY

FOR THEIR

Services in the Continental Army

DURING THE LATE

REVOLUTIONARY WAR WITH

GREAT-BRITAIN; FOR THE RECOVERY WHEREOF THE

MEMORIAL OF

Gen. William Barton,

AGENT FOR THE CLAIMANTS, IS NOW BEFORE CONGRESS.

PROVIDENCE (R.I.) - PRINTED BY DAVID HAWKINS, JUN.

No r EMBER — 1 806.

if^

A vj

«*

'^

1 HE troops raifcd by Rhode-Itland, commonly called the Rhode-Ifland Brigade, found their Claims upon the United Slates to Depreciation on their Pay, on the following fa6ls :

In December, 1776, a powerful forc€ of Britifli troops fuddenly pofTefTed themfelve« of the Ifland of Rhode-Ifland, and, upon the alarming emergency, committees, from the legiflatures of New-Hampfhire, Maifachufetts, Rhode-Ifland and Conne^icut, in the fame month, convened at Providence, to advife and agree upon fome plan of defem:^. Thofe committees in concert, upon the circtimftances of the occafion, refolved, that it was neceflary that 6000 men Should be raifed and employed againft the enemy ; and recom- mended to their refpeftive legiflatures the imme- diate enliftment of their quotas. In purfuance of this arrangement, the legiflature of Rhode-Ifland, the fame month, palTed an a£i for raifing and equipping two regiments of infantry, and one of artillery, as their quota of ihc number of men recommended by the committees, to be employed ** for the defence of the United States in genera^ and this (Rhode-Ifland) State in farticular.** Thefe propofed meafures of Rhode-Ifland being com- municated to Congrefs, they, on the 15th df February following, " Refolved, that confidering the iituation of the New-England States, Congrefs approve of the meafures adopted by the commit- tees from the four New-England States for the

defence of the State of Rbode-Ifland." Upon this, the State of Rhode-Ifland proceeded to enlift and equip the three regiments, who ferved fifteen months, being the term of their enliftment. In Deceniber, 1777, the legiflature of Rhode-Ifland pafled an aft for the re-enliftment of thofe regi- ments for twelve months more ; and on the 13th of January following, Congrefs thereupon " Re- folved, That it be earneftly recommended to the States of New-Hampfhire, Maflachufetts-Bay^ Rhode-Ifland and Conne6licut, immediately to furnifli and keep up conftantly in the Srate of, Rhode-Ifland and Providence Plantations, for the defence of the faid State, their feveral quotas of troops, as adjufted by a refolution of a committee. from faid States, and the State of New-York, which met at Springfield the 30th July laft." And on the next day they " Refolved, That Ebenezer Hancock, Efq. Deputy Paymafter- General oftheEaftern Diftrift, be direfted forth- with to appoint an Afliftant Paymafter, conftantly to attend and pay the army ftationed at or neai^ Providence for the defence of the State of Rhode- Ifland and Providence Plantations, applying to Congrefs from time to time for the neceflary fup- plies of money for the fame. And the command- ing officer in laid State be fully empowered to dravF on the faid Afliftant Paymafter for the necefl'ary fapplies for the army aforefaid." And on the 13th of 06lober of the fame year, Congrefs refolved at follows : ^« The State of Rhode-Iflatid having agreeably to the recommendation of the convert* tion at Springfield, and the fubfequent approbation of Congrefs, ordered a Brigade to be rai fed for twelve months from the i6ib of March laft, and

5

alTigned 'the bffifecrs tlie fdmfe pay as ilibfe in thfe O^ntinental fervice, did on the 31ft dfMaylaft pafsan order that ihe Agent Clothier Ihould fup. p]y therti with clbthihg. Refolded, that Gori- grefs do Approve of faid tranfaftion, and the ad- vance made in confequence tlli?re6f." In Februa- ry, 1779, the General Aflettibly of Rhode-Ifland paffedan aB for the re-ehliftnriertt of ihofe regi* ments to ferve another year; and Gongrefs on the 9th of April following,' '' Refolved^ that Gon- grefs approve tlie raifing of a Brigade of i^66 men by the State of Rhbde-Ifland and Pfdvideilcfe Plantations, for tbe common defence of that and the United States, fdr the fpaceof ohi^y^ar, to he en- titled to Cohtintntal pdy^ clothing md fiihfjldn€ty^r\i^^ a bounty not exceeding 150 dollai-s for everjr nbn cortimiffioned officer and foldi^n upon condi- tion^ that Ho further or OtheY wagts he allowed to the faid men by the faid State than is paid to thi other Continental troops'*

The trbdps, upon the faith and credit of th^ above a6ts and affurahc^s, faithfully ferVed tb^ teveral terms bf their enliftrtlent, amounting in Ih^ whole to three yedrs and three months; and during a greater pan of that period, their flipu- lated monthly Wages were paid in a rstpidly de- preciating atid ahtidft wbHhlefs paper ciii-reticy. Such was the deficiency df their coiiipCnfatiorr, that nothing but their jlttachrriieht to the eaufe in which they were employed, thfeir zeal for tbe fervice of their coiintry, iHd their confideriee in its future jtiftice and liberality, could pofribly have induced them fo often to have repeated thdr chliftment. They had reafoti to ckp^B, fuch coropenfatibn ^s theiif (ibtintry fiibiild dllbW their

6

fellow-foldiers of the Continental army; but their cxpeftations have hitherto been difappointed.

It is a faft, that the United States have granted all the officers and foldiers who enlifted immedi- ately into their fervice, excepting the three regi- ments in queilion, full compenfation for the de- preciation of their pay. It is a fa6l, that the States have granted the fame compenfation to all their quotas of troops in the Continental line, and even in many inftances to their militia. But it is a faQ, that ihofe three Rhode-Ifland regiment* have never received any allowance for the depre- ciation of their pay.

Although the three regiments were three times originally engaged by the State of Rhode-IIland, they were every time engaged for the Continental fervice, and Congrefs every time recognized and acknowledged them as Continental troops, order- ing them to be paid, clothed and fubfided as fuch ; and did aftually clothe, fubfift, and pay them their ftipulated bounty and monthly wages, in like manner with the troops of the line. They were to all intents and purpofes Continental troops, though not thofe termed of the line ; and from the peculiar circumftance of their not being of the line, have proceeded all the difficulties that have unfortunately contributed to retard the juftice due to their claims; and this circumftance has efFeftually fruftrated every attempt to procure a proper adjuAment according to the feveral afts of limitations paffed by Congrefs, though all poffi- ble attention and exertions have been employed to that end.

The a£l of Congrefs of April lo, 1780, declares it to be " the determination of Congrefs, that all

the troops ferving in the Continental army fliould be placed upon an equal fooling." And accord- ing to the aft of Congrefs of March 17, 1785, calling upon all perfons having unliquidated claims againft the United States, and requiring them to prefent the fame, within twelve months, to fome Commiffioner in the State appointed to fettle accounts againd the United States, the pre- fent claimants accounts were in Oftober, 1785, prefented to Mr. Edrvard Chinn^ the Commiffioner for Rhode-Ifland. But Mr. Chinn rejefted the claims, as he confidered himfelf not authorized by any aft of Congrefs to liquidate them, the troops not having ferved three years, nor during the war, under one enlillment, and were therefore not of the line, though they had ferved three years and three months under three feveral cn- liftments. The fame circumdances and reafons precluded the claimants from any benefit of the fubfequent afts of Congrefs, of November, 1785, and July, 1787, limiung the times for prefenting fuch claims. By the aft of Congrefs of Auguft, 1790, appointinsj Commiffioners to fettle the accounts of the United States with the States in- dividually, it is enafted, " that it fhall be the duty of the faid Commiffiioners to receive and examine all claims which (hall be exhibited to them before the firft day of July, 1791; and to determine on all fuch as fhall have accrued for the general ot particular defence, during the war, and on the evidence thereof, according to the principles of general equity (although fuch claims may not be fanBioned by the refolves of Congrefs^ or fupported by regular vouchers) fo as to provide for the final fettlemenl of accounts between the

8

United Spates and the States individually. But no evidence of a claim heretofore admitted by a C'>mmi{Iioner of the United States, for ^ny State or Diftritl, fhall he fubjeft to fuch examination, ^qr ih^\\ the claim of any citizen be admitted as ^ charge ag^infl: the Uni^e^l Stales, in the account of any StatC', unlefs the fame was allowed by fuch State before the 24th day of Sjeptember, 178^.** After the pafling of this a6t, the Commiffioners on the part of the State of Rhode- Ifland prefented this claim, in the, States account with the United $tqtes^ to the Commiffioners on the part of ihe Uruied States : But the claim was reje8ed on the ground that the State of Rhode-Ifland had npt paid it, or aiTumed to pay it, previous to the 24th of Sep- tember, 1788; the Cpmmiffiofiers deeniiog th« charge to have remained on the footing of an individual claim, and their powers extending by ih^ ad of Congrefs only to the accpc^nts of the Staie. Thus has every attempt to obtain a fet^le- nient of the claim proved unfuccefsfu,l. No Commiflioners hav^ ever been aHthorized to re.- ceive it, and Congrefs have nevei: palled any aft prefcribing any mocle of prefenting i;, or allowing jany means for its adjuflmept. . .

The juflice and equity of this claim upon the Uiiited States have never been difputed. , The formalites of exhibiting^ it only have been quef- tioned; and thofe difficulties have" been utterly beyond the power of the clainiants to prevent o^ obviate. There is no doubt, that both ^he State of Rhode-IOand and the United States h^ye pledged ibemfelyes for the p.avme\it of thof(? troops, and are liable for the faiiofftQ-ipR of tbe pr^fent ckiin ; ihie ^isae pf R.hod^-Iflap^? «is th^

original contraBing party, and the United States, as having affumed the contra6l by exprefs Hipula- Uon. In either cafe, according to the principles adopted for the final fettlement of the accounts between the United states and the States individu- ally, the payment fhould ultimately come from the United States. As this claim, upon the fame principles, could not have been included in ihofe accountF, it ftill remains an original, individual claim, independent of any fettlement of accounts hitherto efFe6led by Co-ngrefs ; and as Congrefs have never provided any mode of fettlement, no aft of Congrefs of courfe can have barred this claim.

As thofe troops were not of the Stoies quota in the Continental line, but were enlilled into the immediate fervice of the United States alone^ their claims, as well for wages as for depreciation, were, and llill are, immediately upon the United States. As they were not State troops, nor of the State's quota in the Continental line, their fervices or claims could not with propriety be included in the State's account with the United States: And it is immaterial to the interefts of the United States, whether the payment is made immediately to the individual claimants or through the medi- um of the State of Rhode-Ifland, as it would have been if the State could have properly affumed it.

The claimants confider the faith and credit of the United States to be pledged in their favour > firfl, by the aft of Congrefs of the 9th April, 1779, declaring the troops " to be entitled to Conii- nental pay^ clothing and fubfiftence ;'* and again,, by the aft of Congrefs of April 10th, 1780? de- claring it to be " the determination of Congrel^,

lO

that all the troops ferving in the Continental army ihould be placcvd upon an equal footing." Thofe three regiments did ferve in the " Continental army," under '' Continental pay, clothing and rubfiftence ;" but they have not yet been " placed upon an equal footing" with the reft of the " Continental army." If by any conftru6lion of the feveral ftatutes of limitation the prefent claims < fliould be fuppofed to be barred, the claimants Hill confider their claims to be entitled, as well by the juftice and equity of their cafe as by the aforementioned affurances of Congrefs, to a re- vival.— The afts of limitation were unqueftiona- bly prudent and proper, and in general they effe6ied their necefTary purpofe; but the prefent claims, as has been before fbewn, were never fub- jeQ to the provifions of thofe a6ls, according to their tenor and import, whatever might have been the intentions of Congrefs when palling them.

If the a6ls of limitation fhall be deemed to have barred thefe claims, no negligence or fault can be attached to the condu6l of the claimants ; and the honour and juftice of Congrefs will never, through any inadvertencies of government, either of the United States or of Rhode-Ifland, deprive an individual of his right. To revive the force of thefe claims would have no confequences other than juftice to the prefent claimants. It could open no door to the adniiflion of any fet of fimilar claims; for no fimilar claims are known to exift. No claimants of a fimilar defcription, who are yet unfatisfied, are named on the journals of Con- grefs. Such a revival would be countenanced by precedents in abundance where Congrefs have relieved individual foldiero, of the Continental

it

army, who bad been excluded by the general regulations of compenfation. Numerous in- ftances may be feen on the penfion lift, where fubfequent admiflions have been made.

On ihefe fafls, and necefTary inferences, the officers and foldiers of the Rhode-Ifland Brigade place their confidence in a favourable refult to their claims. Patriot foldiers, for faithful, pain- ful and perilous fervices, claim the wages their country has promifed them. They are not a wanton, infolent foldieiy, wrefting from an opr prelTed and exhaufted country an imperious exa6tion, or the means of perpetuating a military defpotifm. They are republican citizens, folicit- ing of a profperous and wealthy nation the promifed wages for thofe fervices that infured that nation's independence and happinefs. — Amongft thofe claimants is feen the aged, the wounded and mutilated foldier, claiming a rightful due that has been twenty-five years detained from him: The indigent widow, claiming the humble pittance for which the life of him, who if he had lived would have been her fupporr, was facrificed : The poor orphan, wailing the allowance of a trivial fum, purchafed at the expence of a father's life, and which was all the inheritance his father fould bequeath him.

H 33 89 ^

1

^^0^

V ..^'•. ^-

o_ *

4 o

* ^<b^>.

9 ^^.. •

f,-- ^^' % 'WW,' /' \ -J

. i^^ 1^ .1' J' .'

	■,ii2^m£/t #r^^.:' ^' jiu;?^j«
B^^H'H
	1 H H H
	J^HH ■!■ IHH
	1 H H B
H H H
H^^mn ^^^^^^m HH^^H^
^b-^ H H 1
■ ■ ■
^^^H ^^^1 ^^^1
i I^^^I^I^B- ^^^I^^^^^B H^^^BH^HB

'f 'A^

j,:

i<^ _ j^v ^.■. 4^. '

.■ ^ t-t

1* J.; i;

I