Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-28

compensation fs'tioss officers who held no cemmanJ
to those who endured the tolls, privations and
dangers Of the camp End the field, throughout the
struggle.
Though the .upernumernry officers were deprived of
their command by the Act Of the Cove rnment and
were subject to be again ordered into yet they
actually continued snpernunerary oficcrs during the
war; snJ did in fact render no farther service the poll.
cy ani justice OF allowing them tn. emolums nj.
with these who continue in service. would he very
que sonable Did The Act of l779 contr mplate that
'upetnumeraie' should again enter the service and
contnu- to serve I'LL the end OF the war! II II did not
very g'aring Summation is made between super.
numrraries provided for by the Act Of l779 and 1890
The latter requires expressly that they should 81 ain
enter the service and continue the end Of the war
and so far operates legislative construction Of the
Act OF 1873. The Court OF Appeals have super added
Judicial construction TO the same eifec'. Your
committee would deem IL act Of spereroga alton to
attempt to sustain by s'gument. Of their own the de.
cison OF 20 distinguished judicial tribunal a. the
Court oil Appeals in 1892; tribunal the most cofnpe.
tent In all respects to understand and determine the va
."ity OF these claims Equivocal as the language o.
the Act Of l7s9 certainly is, your committee would
regard II unsafe after the lapse OF nearly forty years.
WIN The lights which are afforded them this subject
70 u'urb the law as has been se,ted and acqesc-d
IN No appeal made from this decision Of the Su-
P.eme Cont oil the Commonwealth to the justice or
perAy oil the Legislature, at The time Of the decision
re.eed TO- i;seens only TO have be discovered BY
tne heirs and assgnees Of the supernume officers
tnat an injustice done those Off .ers Of which
'"ey were themselves unconscious. Until within few
years pat these claims behalf of supsrnume rarv
ohcer-, when disalswed by the Au!itor wers pr,se.
caed before Courts Of Justice About the wear 1920
Ana al almost every session OF the Legislature since
some one or more OF these claims have en-
by petition. Having been presented snylv ,bev w.rs
frequently allowed; whether mere praiui,ies or az
"eos Tor which the faith of the Common we a,tb wa.
peuged. ysur committee un adysed IL .eern. IA
an early period after the r luton those off .srs
whose claims 70 hAit-p,y were pw-d consented {,
eommn'aon Of 1--WE years full pay. in lieu of
'ner nan pay ior iie The rule of allowing the com.
mutation instead Of half pay, seems to have prevailed
without any general legislative provision but in can
'ornty rs supposed with the regulation of Congress
wn.cn aNowen me Continental officers accept com
lie. " "'''P"y TOT
IL the claims Of the officers Of the revolution are sus-
posed to rest on the basis of contract with the Com.
nonwe alih. your committee would remark. that the
Legislature Il not the proper tribunal Tor their adj
JUSTIN mt.
The courts Of IN, Common we sl,h have b.en AWAY,
open 10 those Who had any claim upon her iisce and
there IL no Involvement which your COMMITTEES per.
ceive Tor these claimants TO prefer an audience before
the Legislature, but the hone expectation that the
decision Of the judiciary may b. nv The
raj Assembly. IL those decisions be incorrect thew
will be reversed by the proper judicial iribus all il thew
are correc hey ought not 10 be reversed by Legi.a.
uon. mere Is enc question necessarily involved in the
construction OF the Acts under which tn, half nav |.
claimed, viz tDhen the ended? Thi. was in f.c,
the only question which seems 10 have been deemed
worthy ef considers ion by the courts who bsv.
upon these claims. IL WI. commended by Chancellor
Wythe, who controvered the opinion of the Court Of
Appeals. that those officers should be reg ,red a.
10 the end OF The war who served until the 30th day
oil November, lIS2 when provisional articles Of peare
were signed at ParS The Court Of Appea ais determn.
eu tna the war did not close until the officers were dis
banded on the 22d OF April 1888. by the proclam alton
OF tho Governor, announcing that the preimina of
peace had been signed on the 20lh January, 1888.
me dehni've treaty oiPeace was not concluded un.
I'll the Sd September, 1888. The Court Of Appeal.
seem thus TO have adopted period between the tr.t
s'gDng OF provisional articles which commenced the
negotiations. aad the final alton of treaty. W bicb
.one"ueu me peace. The court could not have been
nnuenced by technical considerations or by shirt of
berali'y toward the officers, when they adopted thi.
conclusion. -
As no truce or armistice had been agreed uron the
United States and Great Britain WIRE certainly to all
ez al in,ens and purposes, at rrar after I776 until
treaty OF peace was concluded.
This was done in September. l7s3. TIL. rignr with
which the war had been prose was absted nv The
Intelligence that atesty Tor psace wa. in hut
the war might have been considered as not
antn thAttreay was ratified. Your comni tse there
lore, do not consider that any Injustice Ina, been done
10 the officers by the rule established by the Court q
Appeals that the terminated on the 22I ot Ami;
1883 The British posts in the United States were not
ter the 3D. Of September, 1888
Your committee have arted the petitions f,r con-
mutation OF hail pay, referred to them as asserting e
gal demands upon the Com aItb: a, r.o,rin, ,bs
payment OF debt As such they are no, at Ib.rly to
consrue them upon any Other principles than those of
strict justice. Whenever the soldier Of the revolution
'""' "'oSo "c e'aHuue OF Hoeratty oil his country.
your committee feel conf Mt that his claim. 10 i'm no,
be d'regarde! by the legislature. yrgini. ba. eync
ed so'ciiu!e ia behalf her off ers and soldiers If
the revolution, and avshed her bounty with
on those who contributed to the achievement of Am.
rican independence which rsbukes the suspci,n tb,,
she can ever be unmindful OF oye atoms of
uhe which she has ever been proud to acknow IeJge
But 1t the ju tce not thu generoiy of the Com.
mon wealth which sinvolved in the enquiry referred TO
our committees; therefore
hes0I0ed as the opinion of this CoinD,iffsr Tia,
those officers OF the Virginia State Lin. who continual
in the service OF this State until the 22I dsy of A,ri
1888 are entitled to half pay for life. tn. commu
talon OF hive wears full pay, in lieu thereof
Rcsoired That those officers of the Safe Line ,vbo 81,
any time during the revolution, became supernunerarv
aud again entered the service of ihi. State being
CURED so TO do. and continued ihrrein until In. 22J ay
OF April, 1888, are entitled ohafpay for Iife or TO be
communion OF i've year" full pay, in lieu thereof.
SUBSTITUTE
PTopo'edf to The Report of me Committee on Repoiu
f0narU Claims
49, (Suhmtcd by Mr. Anderson of BotetourO
The Committee on Revolutionary Claims 10 whom
were referred various pr iions and ions con-
81 the Vgnis State Line in the war of tho reyoution
hSve had the satDe under consideration and bey
TO submit the following port
In May, l719, an Act 81 the Virginia I,gisI,ture
provided. that all commissioned officers comm niny
or who shall command in the bstaiisns of this Con,
onweaith, on Continental establishment, or serving
m The baslisns raised for the immediate de of
his State for the defence Of the Unite Sfa,e and
all chaplain physicians surgeons and surgeons mates
appointed 10 the said bAsiions or any of them being
crtlens OF this Conmonw ealtb, and not being in the
service oil Georgia or Of any her State Con
gress DO net make some sntsmount provision for the
who shall hencefo srd or from the tim. If IN 4
hf faa nrt.snt nr.N. IL