Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-26
VOL. XXVI. NO. 103.

In me spring Of l1I9 Virginia took up the subject.
ana passed the act which is the subject OF alton
but SIR Is necessary 20 go beyond the limits of this
commonwealth TO ind the history of this act and
the causes which gave rise to i II the history of that
perioi can De relied upon, general etharey and dis
taste Tor the service pevaded not oy this state buf
| the whole continent Corruption, with all It's damning
ont OF the deprecated oths
paper currency,had crept into every branch of the mil
ltary department. swarm Of shavers taking s1van-
tage OF the decreased state OF the public finance like
Vnitures. preyed upon the very vals of the Govern.
ment And TO that universal burst Of patriotism which
liunined the dawn OF the RevcuiCn, the mort selfish
desire OF personal aggrandzement had succeeded-
Hence, the Army had nearly vanished, and of the
ooasted egons OF the state line hut little more remained
man the empty name. In this of things land al
this very junctue) formidable British force (under the
command oil General Matthewsy appeared in the Che.-
apeake, and threatened the state with immediate inva-
sion Can we, them doubt that the act of ITO which
passed under all these Circumstance was i'm tended for
any other purpose than that which its face imports TO
influence the officers then in service 10 remain and
others TO enter it, and continue the end of the war
Mr. a. said, having established the fact that this act is
prospective IN It's operasn,an contract bewee the
Government and her Officers, he would proceed TO en-
anime its provisions, the conditions be performed
by the officers TO emile them 20 half nav during life
hey were in the first place required TO until The
end OF the Bat least the officers might he unwil-
ling TO accept these terms the ground that il would
be placing them too much in the power of the Govern
ment who could at any time previous 10 the trmina.
ton OF the war, ahs6ive herself from all legal oblsaou
to comply with tteconrect, by dismi.sing or render
ing The officers supernumerary second provision il
stated in favor OF sUpcrnumerary officers To this pro-
vision OF the act he would beg leave 10 ca the ,,en-
ton OF the House. The Committee have taken the
ground that it embraces those supernumerary officers
only, who again entered actual service and served
Hntil the end OF the but he believed il embraced
all included by the thi resolution he had submitted
viz those supenumeraIies who did not at anv time re-
fuse to enter actual service, again but faithfully per-
formed all the services required by the Cover unent
All agree that this provision intended for class
of officers not embraced by the stprovion and that
they were snpernumeraries, but there difference
nj npiDI nypfh Il IN ,Isrr
Had II been the object oil the act require of the SUI
10 enter actual service again, the only
conditions of receiving half pay for lfe the words il
required TO do and 60 command or" would have
been superHuous, because the omission of those words
would remove all ambiguity, and leave that construc
ton OF 1t alone. Hence, he must conclude that this
could not have been its object, hut that they were in
serted for the purpose OF preventing that 7proation
Mr.. A. said, he confirmed in this opinion from the
following considerations In the frt place, ihe obec-
ton which the ohcers would naturally feel, accept
the terms OF the first provision, the ground that they
would be placed too much the mercy of the goyr'nt
should not be, in the least removed by the second pro-
vision, the committees Interpretation of be true be-
cause the government could still avoid the PAYMENT Of
half pay for lie by rendering the officers supernumers@
ry, and not again calling them into active service And
in the second place supernumerary officers, as long as
they hold their commissions, subject 10 The order.
of the government and considered in the service
enceth term command is frequently used in this act
contradngushed TO that of s'service & the yboIe
paragraph embracing the supernumerary and o,her Of
hcers concludes in these words, shall be entitled to-
han pay during lite, to commence from the determine
ton OF their command or service. THE term COM
mand, evidently applied TO Ulcers embraced bv he
first provision who continued in command mill the end
OF the war. And the term "ervice applied to the SUI
pernumerarY officers embraced by the second
who should be entitled to half pay during lie from the
termination OF their service the war because tbsv
were considerable service as long as they held their
commissions which was 10 The termination OF the war
Mr. A. said he supported in this opinion by the co.
emporantos construction given to this provision of
the act under considerations. Immediately after the
surrender OF Lord CORVALLIS in the fall of 1881 a
large number OF the state line became supernumera-
ry by the government dshandonng their troops
Apprehenye that it might prejudice their claims TO half
pay, in the following December, they petitioned the
Legislature to take the subject under its considers
ton, and decide what emouments they were entitled
to by law. (Iere Mr.. Anderson read the me-
mortal OF the supernumeraIy oficers) ard proceeded:
They represent their claims in that modest yet firm
and manly style, which peculiarly characterizcs the
soldier and man OF worth.--A0er decaeIy adverting
to the services they had rendered; the private sacrif
ces they had made the personal privations thew had
suffered, and declaring that they still considered them
selves in the service OF the gOvernmen and should hold
themselves ready TO march at moments warning thew
concluded by respectfully asking the Legislature, when
their ore important business would permit TO take the
subject OF their claims under their consideration The
men oral referred TO a Committee, of which Mr.
Patrick Henry chairman, who reported number
OF resolutions, the first of which declares that all Tho
supernumeTary officers who did refuse TO enter &C.
tive service again, but performed all the services re-
CURED oil them by the government, entitled TO half
pay during life The committee were then ordered 10
bring in Bill which being reported was passed into a
law, Ohe tenth section OF which Mr. A. read; which
required Of the Executive TO obtain full return of all
the officers OF the line the date of their commits
sono, the corps, the rank of each officer the number
Of men at FIRST raised in each corps the number of men
when reduced, and TO set foot proper enquiries To-
discriminate such officers, as lad 10y any means forfeit
ed their claim TO bali pay) Mr.. A. said under the
last provision OF this section the Executive Organized
board Of officers, who sat. in February and April,
1882 and made out list of all the officers of the state
line, (ncludng both the supernumerares and hose in
| command) All of whom they report are entitled 10
half pay, except few whom they discriminate az hay
ing forfeited their cldinito it, They also make full
return OF all the corps in conformity with the act
Thus the Legislature OF December, ISL IA majority
oil whom were, in all probability, members of the Lee
gsatwe Of May, l7790 decided that the supernumera-
ry officers who did not refuse enter active servcs
agan were entitled TO half pay for ie and the Exc.
cutive and the several boards % officers organized un-
der the act OF 1881 ccncurrcd with them in their de.
cIsion The House of Delegates OF 1855 passed bill
recognizing the principle. The General Court
has repeatedly decided in the same way and so has
Chancellor Wythe, whose decision is supported by an
argument which he considered unsnswersbe Mr.
A. said the only authority which the Committee could
call to their aid, the act of 1890 and the dscsion
of the Court Of Appeals in 1902 TO which he had all
ready adyerted He said, he thought the act of 1890
violation OF the spirit OF the act OF lT70 and there
ore operated er post faclO in violation of the constu-
lion II no was correct in this opinion the acf OF
1870 was perfect nullity. But sir, he would ask,
was It authority Of equal weight with the cons;ruc.
lion gwen TO tat act by the Legislature Of i7SR with
regard to The decision Of the Court Of Appeals already
NA