Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-02

W.
II the ground OF my decision 1 am, therefore, rcluc
family driven to the examination OF the second question
- say reiuctantiy-ior believe there few men,
less disposed than myself TO disturb the decisions of
this Court, made by the enlightened Judges who have
gone before Diseases, however. do sometimes arise
In which respect for their decisions must yield %
more imPerious duty. IL is under strong feeling of
this duty and dee of the responsibility of e
step mat proceed 10 the discussion of this question
lie woris oil the act of f779, this etIect Gan
General officers of the hrmy and All Field Officers
Captains AMI Subanern. commanding or who hall com
naiu IN me Da,'aions oil this Commonwealth on con-
unenta establishment serving in the I,ttaIoos rois
ed for the immediate defence the State or for The de-
fence OF the United States; and all capains nh yscian
surgeons, and surgeons mates, appointed 10 The s.;
bataiions &c. who shall hence ward or from
the time of their being commissioned TO the end Of tbe
war; and all such officers, who have or shall become
supenumerary on the reduction of of the atta
os anu shall again enter into the said service, II requr
CD SO TO do in the any higher rank and continue
'hercn unui the end Of the shall he entitled to half
pay uufng iie It's clear me, that il was not the
erect or intention OF the of 1890 to repeal this act of
.S ana this was properly admitted by the Attorney
Senerai-(whose zeal and ability in the discharge of
ms uuues deserve all praise IL is by this act then
mat the claim OF the supcrnunerary must stand or fall
b-tore we come TO strict anaiy sis of the wo,te If
s 'aw' let US advert Tor moment 10 the situation OF
'he country at its passage in the fourth wear
OF the revolutionary war-a gloomy period s,rorplv
marked with danger difficulty, aud depre s.ion-Yirei
gin,a without money, except a paper currency. Cst
fastening TO its dissolution. had raise an, keep on FOO
troops for Continental service snd State defence-be,
Armies and Navy had been in the service
|
wreiched indeed. What was The State 10 do, She had
but one resource TO draw largely on the future,o
promise liberallyto hold cut ailuring prospects. The
numerous expedents she resorted TO for that
may be seen by all who viii turn the laws of that
day To retain in the servcs exserience officers was
most important object; nor was il found eusv IN a.
this, afer the si fire of enthusiasm had been cooled
by three years suerngwhile their nj nav was
almost nothing and the ability Of the State make good
Its promises was problem, only be solved by the
event OF the struggle. Hence, we find various laws
adding inducements as the difficulty increased
promising additional boun,ies. and lands and ha-pay
for 'ffe and other advantages. To this cl,s. the Nv
before u' belongs IL promises half pay for Hie let us
enquire to whom and on what term! Fret to officer.
IN service, who shall 10 the end of The war
he law had stopped here, there could have been no
donbt All officers found in service at the close of the
war world have been clearly entitled. But there wa.
another class for whom the Assembly felt il 10 be ju.,
and thomght II important to provide cal such officers
who have or shall become supernumerary" &c Wba,
snpcrnninerary? He just much an off a.
any othcr-but his battalion pa has he reduced
or iii handed SO arranged in some way "a IN leave
him, Tor the present, commando and the Stat. 70 SAVE
the eSpence OF full pay and sub tence, him
from actual service This is 10 the officer
md does not in the slightest degree affect . s,aniny
he IL srpsIuimerary TO day, becsu,e il sui ted the
pnrpoes, or was compelled by the necessities Of tn
State tomorrow she calls him TO the camp and he j.
IN officer in actual service. At the passage of ,his
Act the history and The laws of the period tel H., ,hc re
were great number Of supernumerares- .ma, mfr;
or to none-men to whom II S at. was as deenIv in
dcbcd for past service; and whose future services she
deemed as important to rcain those of the officers
nf
pernnerdries, in contradstinction TO officers in or,oy
service, the law meant to provide call such Officers who
have, or shall become supernumerary the reduction
OF any OF the said battalions and shall aoain enter
the said service, u requreds so TO do in The same or
amy higher rank and continue therein until the end of
the war, shall be entitled TO halfp pay during life" &c
Now, ask how does this sentence strike the plaip
common sense OF every man. And we must NOT forget
that was to the common of the Country this law
was addressed; and that important object of il was
hold out inducements to those in the service TO continue
there, and TO others to enter into it. Did the Assemble
mean TO say TO the supernume raries, have mt Won
out OF actual service TO suit conyenience-w sin
hold YOU bound to return the moment we cali vo,, o.,
il should choose TO call you into service agon and
you continue in to the end of the war Won Shall have
the half pay; but II we do not recall YOU vou sbaIr
have nothing? Would this have been iusi; wo,ld II ha
had the effect intended, to induce the
TO hold their commissions! or can the words tortured
into such meaning III il had not been intended N
provide for supernumerarics. again called into ser
rice, why mention them at all by that name, Wber
they the service again, thew cease N no s,,
merariestbey officers in service and if scryna a.
the end of the war; they come directly within the frs
cause'ofthe law wh CT says. tat all officers 1wbo shall
continue to the end of the war; shall he n
halfpay. But let us look again at the law can Ocers
who supenumerary, and shall again enter The
service If required so to do" Whatdo these words oil
required TO do, mean? Are they surpussagc, &c mot
they must operate condition. limiting the efcct 81
the preceding wordsfor example strike out the orl
'f required to do" and the sentence is call super
numeraries who shall again the service &c shall
be entitled to half pay" Making the entry into ser
vice. an absolute unqualified requisite the claim
haif-payinsert the Words s. ii is call supernumeraie.
who shall again enter theservicc If regured so to d.
&c. shall have half-pay-Makng requistion a prelim.
nary-a condition precedent, that without which, the
failure to re-enter the service, should present no OBJ
Jocon TO the claim of haifpay. Isno this the plain
nacularas well slegalmcanng' the conjunction
", always import condition. The pain meaning of the
sn'ence, then, Ito my understanding s this: Super.
numeraies ~ never again called into service, en-
titled to half-pay TO commence from the determination
OF their commaDd-bu', if again called they forte il
their claim, unless they again into the service
anu continue therein 10 the end of The War. And YVES
not Just in the Legislature, place Supernumcrary
Ohcers on this fooiine To hold TO them this in
ducement TO retain their Commissions To say to them
you have served us faithfully until put you ac
tuai service for no fault of yours but for
ence. This, however, shall do you no injury: We
don Know how soon may want your services again;
we therefore, retain the power Of recalling you into
our setVice--if we d, you will then stand The
ground OF all other oflicersSo that, either Super.
nuinersries, not again called on Officers serving
to the end OF the War; you shall have right claim
ha-pay' ought we to put such construction on
this law, would give thu State right after all ac
iua ho'tiity was over. TO reduce her armies
ment or company, discharge the great Of her of
hcers as supernumerary, and then rcpe their claim 10
hali'pay, by telling them, You surernunl eraries
never called again into service; and, therefore, not
within the law? To me il seems tina, 10 suppose the
Legislature meant, under the cover Of the words used
to conceal such power would he 10 lshonor them by
charge OF premectated deception I beg to be dis.
unctly undersood-I mean to express simply what 7
/ a. a. T.. - ~