Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-26


(viz) that it intended to embrace class of Off
GERS, not provided Tor by any previous act.-Presum
ing that the act OF 49, only embraced the officers
the virginia State Line, at that time i'm command, al
the oihcers OF that line, who subsequently com
nissoued, and served until the end of the war, being
unprovlded for, intended to be embraced by This
act.-lhe Committee cannot be eiiectually dri-
ven from this position than by providing that there
was no such class OF officers those, for whom the
say this act was intended TO provde-The Board OF
l1S2, returned the names of thirty officers, then in
| cOmmand.-a all OF whom, who served until the 22d OF
April l1S3, were commissioned before the act OF May,
1872 appears from the certificates record in the
Land Office, by which the military land warrants
Issued and from the petition of the officers in the
OF Roam and others. except Bush and Crump, the dates
OF whose commissions he had not been able ascer-
tain.-AthouCh the Report of the Board OF Officers.
in April 1882, does not furnish conclusive evidence of
tho'e who served until April, 1888 -yet ii is concu-
sive that only thirty officers were in command at tina
time, an: consequently more than thirty could
have Could have continued in command until the April
following, unless they again entered into actual
vice. which IL very improbable, there being enemy
TO encounter that year.-Cn the contrary appears
from the source he had already adverted to- that a
large number of the thirty officers had become super
numerary, previous TO the 22 of April, 1885, and tina
all hose who were in command at that time,
commissioned previous TO the passage OF the Of
lI19, with the two exceptions named, consequent
there Is no such class OF officers the Committee
suppose the act OF 1890 intended provide
But, they endeaveur TO sustain their construction
these several acts, by the Interpretation given the
by the Court OF Appeals in the OF Roam aud others.
In this case, that Court have acted strict
y IN conformity with the act OF $780, except h.t they
go little further, and fix the period Tor the termina-
ton Of the war, on the 22d Of April, 1888. They
strue this act Gas the Committee have done as in
tended oembrace class OF officers, embraced by
previous acts; which class OF officers never did exist.
Hence, the argument of the Court as well as that Of
the Committee, had fallen TO the ground, having been
incautiously built upon sandy foundation.-Mr. a
said that he had much respect for the opinion of
the Court OF Appeals any man; and it with
much reluctance, with great difSence, he a. time
differed with that Court, dared to up his opinions
IN opposition 10 iherbut the present occasion, he
was encouraged by the consideration that the opinion
OF that Court was sustained by bare majority, in d
rect opposition to the opinion of the General Court and
OF Chancellor Nyhe whose authority alone had great
weight with hm.-He would not pretend to saw that
the opinion OF The Court OF Appeal, with regard the
termination OF the war, not the legal construc-
non oil the act OF 1873, when taken in general sense;
but he dId think, that II rigid and unjust
strucion OF that act, when applied this State and
the State line. He believed, that this act had refe.
renee only to this State, far it related TO the Vr
gnla State line, and that il contemplated the actual ter
mna,ion OF the war in Virginia alone.-He had given
The claims OF the supernnerary officers candid ard
deliberate investigation, and he could come TO other
conclusion, thar that they entitled to half pay
BY the act OF 1879, he sustaned in this opinion,
by all thu Legislative authority the subject except
the act OF 1890 and the decision Of the Court of APP
peas, 10 which he had already adverted.- This deci-
sion, subsequent Legislatures have viewed very
rigid and unjust that they have allowed the claims OF
all The supernumerary officers rejected by it, who have
petioned for them.And since the year 1920, scarce
~ year has passed by, that more or less of the
claims OF the supernumerary officers, have not been
allowed by the Legisature.-Having thus reviewed
the Report OF the Committee and pointed out his OBJ
lection TO 1t, Mr. A. said, he would now proceed TO
anime the substitute, and give his reasons for prefer
ring i-He said, this question must he de determined hy
the construction given 10 the act of May, I779-This
act was the great pivot upon which this question
turn.-He would therefore, call the attention of the
q erai of
supernumerary officers; and conclude wi IA 1etini-
ton OF what he conceived TO be the termination of the
war, in the contemplation of this actin examining
s provi'lons he would conhne his remarks TO the Vir
GINA State line, the continental line had already
been provided for.-Mr. A. CATER reading from tenth
Hening, that partot the act which had reference TO
the subJectO proceeded the House will thus perceive
that the words "Commanding, or who shall command
or serving in the Bdtalions raised for the immediate
defence II this State, the defence of the United
States, apply equally 10 the officers of the Virginia
line continental establishment, and of the state line
because the words 'or the immediate defence of the
state must have referred TO the officers of the state
ne, aud ('ior the defence of the United Staies TO
the continental line; lsequently, or who shall
cor serving" which would make it read 'or serving
or who shall in the Bittalions raised Tor the inn
mediate defence OF this state" &cThis nterpretl-
ton supported by the general tenor of this act
meeting on all occasions the "conmand and service"
which he would explain when he came to speak of SUI
pernumeraries. But il is placed beyond ali doubt by
ehumeratng the different grades of officers both OF the
state line & continental line entitled to half pay, con
cludes the sentence, who shall hence I'd or
from the time of their being commissioned until the end
oihe war This proves beyond all doubt that this act
Is prospective in its operation that its obj place
the state line and continental line upon precisely the
same Ground, end that it embraces those officers who
were subsequently, commissioned, "a well as those
then in communicable A. said, if this be true il is
contract TO all intens and purposes entered into be.
tween the Government aud her officers by which tn e
one promised The others, If they would comply with
The provisions of it, she would give them half pay for
ne This promise, sir held those who were
then in the service as an inducemen to ntnue i'm H.
and 10 others to enter the service and continue in
the end OF TIE This inteTpreta supported
by the history of hat period. which il the true key
This subject During the winter OF I77S, the COmman-
der in Chief made frequent and warm appeals 20 Con
gfess TO take under its serious consideration the con-
dition OF The Army and make permanent and compe.
tent provision for it-He recommended the promise
OF halt pay for life TO those officers who should con-
tnue in the service until the end of the war; as the
only means OF preserving and recruiting the Army.
Congress sent committee TO hs encafnpment at
valley Forge, for tie purpose Of examining into the
ate of the Army. The committee represent il in
Their report as being in most depOrable state: The
soldiers half naked and the officers in RAG: The Hos
supplies provisions of eveiy kind so scarce and dear
and the paper currency so much deprecated as 10
render them unatainabe, and The effect Of these COM
pcaed evils so pefncious drive to the spirited
and merllorous officers from the service Many Of
whom being no longer able TO support themselves in
the planest manner reduced TO the painful me-
cessty OF rcsigniig and retiring from the Army
They recommend TO Congress compliance with the
advice OF the commander in chief the only means
IL