Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-09

,ne OF the Legious, raised under the act OF March,
l7sl.
MIR. CALI the Reporter, also shews tia, thi. Cour,
Tell into the same mistake; for he says, that the Ap
,elees were officers in Col Da6ney'S Legio raised
under the act Of ISL.
The arguments Of both Bench and Bar, shew that
hey we're clearly under this impression.
Brooke, the Attorney General insisted that from the
nature J the Lery. these Officers were at the disposal
Of The Government, aud could be retained dbanded
at pieature; their pay was during the erisence II the
Leg.ons only. However great their merits they
not 10 be compared with those Of tho rec uar armies
grea! part OF their time to be spent at h1n's and
were not entitled 10 the provisions Of the act OF l779
Tor that act relates to troops general establishment
without particular stpuld iion.-B-sides, their compeu
slion is prescribed in precise cords aud only while in
seruiceNo fair construction, he says place such
limited service, on level with the general srpices or
reudrds IF The veteraas-The lie 1t contends that III
they could De brought within tho act they did
to the end o the war, sc.
On the side Of the Officers, il was insisted on that
the discharge was no, absolute, but in tho nature of
Through, they being liable to be called az ain into SER
wee, according TO the original organization Of the
Legion; which, from its commencement, was subject
pUttdt duties Ii was never necessary, that al should
oe cdea at once into service; but the detail wa. in pro-
portion TO the erigency Of the occasion, &c.-They
then argue on the point, tchen the toar ended, SC
within the meaning Of the act Of l779-My object at
present. is merely to extract so much of the Report
as to shew, that these parties were treated considered
and their cases adjudSed upon as though thew belong
ed to of the Legons raised under The act Of March
oi; and think, so far, the description of them Oh
oo,h sides, brings them precisely within the terms of
hat act The argument of the Attorney General, ha,
no bearing on the permanent regular STATE Line if
such an ono existed, except iHpilsdly To admit
such corps would fail within the act of l779
them:
Judge Roane says-To put men, whose dute. were
occasional only. and who often not empioved for
me pu9hc at aH upon the footing with the pete.
ran, whose services were constant continually exposed
Of o,l,l k.y.
lated every principle OF propriety He then contrast,
he services OF on' with thofe Of the other; for the
one; he says, EXPIRE" remuneration, during life, il,
made; Tor the other, no such provision i. made and
'hey claim It by equitable construction only.
But what equity have they! BY the terms Of their
organization, they were subject to less duty, Sc.
Darlington (Judge) concutred.
Judge Lyons first objects TO the contract if il i.
70 oe so considered, for want Of muuality; the off
Ger not having stipulated to serve, and not beiny
bound TO do 30.
services tchen performed, aud not before
lhird mat there was not actual service during the
war, anu mat man, 10 entte himself to eratuify
must shew sUict Performance, Sc.
confess that when compared thi. case with the act
oi March ISL and considered, as then did, the claim
ANS as ocers belonging TO one of those Legions was
a. 10 hnd that any doubt could have existed a,
70 'he pFopriey OF that decision applicable to such
Sorps'- The return of the state Legion under Colon.
Oaohey' as made out and returned by him. wa. before
'hat Iour but the return OF the I, Id officers of the
ia
oil the documents discovered Gas by accIen) since m
case was hrs argued in this court-That return con-
arepor OF The officers Of the various corp, for stat,
dGenee except the Navy and Crocke,,s Re-
VIZ: the 1t and ID State Regiments the Arii.rv and
harrison corps, tina State Cavalry and IN. IIiinoi.
Toops-and Dabney's Legion was composed Of the ram
nahts Of these except the asO remaining after the cap.
lure oil York. found that these corps had been
many oil them at an early day. and especially The fra,
ana second Regiments which were raised under The or
finance OF Convention Of July. 1775. That one Of them,
", mu P.ey u ranS''had marched to the North, as ear
" i, 10 supply our quota in the Continental line
u"'N could DE recruited, & had retained In I77g with
no o" mira OF me original force-and that another of
Ee ms .lnk inc Artillery, OF which Chr Roane was
Capanmet the enemy under Gates at Cam len. and r..
Fed afterwards so much cut up as that tbers was moi
more man one Captains command which fell 10 him
~ nha wna' was my surprise, when came TO compare
Dabneys list OF his Legion with that returned he ,ha
held officers to find, that instead of his Legion b;n
'ne OF the Legions raised under the act of i7si ,heS
we're The very ueteran officers spoken of by the Auor
ley General and Judge Roane as afon. CANINE yi,hi
he meaning OF the act OF 1879.
Inc oncers oil course were not present at the argu.
III 'hs court so as TO correct the which their
counsel as wen as the Attorney General and Court
Ell INTO, IN this respec and which error has remained
unknown TO them, and uncorrccted until have had An
opportunity III consequence OF recovery Of these pa
,ers, now TO correct it,. ~
Whatever the formal decision of This .. .o,,
" record may be, therefore, il is impossible. 10 read ,b
rgumeDt, both OF the Attorney General and JuJg.
toane without applying them iavourably to the case of
VIC o'hee'o W "e'eSW~ state Hne.-They could not
rave argued as 'hey did, had they known that the appel
ees were Ueterdn officers. IT.
have been thus minute in the statement of this case
because Is not In print; and because not ONLY wish
lake from It's weight against me- all that OIL yht moi
Weigh against me, but 10 tran-fer TO the onoo.ie
Gale whatever oil 1t belongs to that side of the cues
ion. $3.50 49,
But TO proceed, as briefly as possible, to the con,ide
aon oil the act OF l779.Supposs Congress had nevsr
AIKEN upon them the pay OF the Continental line and
hey' e. the supernumerares OF that line wera now
ooKng 10 us or their haifpay under the act of 1870
Gould we say nay to them?
Could we have amended the act, duy,no The ,,or an
IS 10 make II mean, that the supernumerary Off ,er ne
er called on to re-enter The service should NOT n. en-
ueu 10 hd'-Pay' no one will pretend TO deny hut tina,
uch an act oil the Legislature at that time would have
sbanded the Army.-Why! Because no officer knew
'neh ne would become supernumerary; and il was the
u understanding OF all parties, that, however this
nay happen, II shall not prejudice you, if YOU hold
ouseH ready, and ENTER, many did when caIsd
n-CongresS though have since az eeJ 10 rade.m
ms .Pedge, and TO pay the supernumerary of the
inaiing under this act of l779, and to which ,bsv
you'd nave been entitled, as all admit had Con-
ress permitted II TO remain entirely ON ,hi, act
'ut me words IN this, and all Tie other act.
'here he TWO lines are provided for in the same
aw, are precisely the same, as to each in all mnor.
ant pdrucIaTs-And, In the section now under cons
eratIon, are precisely the same.They must of course
ave the same Interpretation TO both-Hsd any di.
Elimination or difference been attenpted bv lac dr.
ne me 'odr, dissolution OF the State line and tot,
esfuction 10 our cause would have been ia. resun
Tut II there was then doubt about IT, that was the ,s
explain it:-On the contrary, the right WAS ih.n in
he cieares and most explicit terms admitted bv avery
ranch oil the koVernmeBt--
Committees, with Patrick Henry a, tb.;r hal ..
apys l,,liI - ~.