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

pTlcc--sOno
OF them had become so on that occasion, and many OF
them as late as February 1898 after their troops had
beeR enlisted from them, before stated, when the
last reduction OF the Legion took placcThese latter
claimed having served to the end OF the war; as did
Others who remained with DJbney uut the procaina-
ton of pcacc.i may be proper here 10 remark that
when the last reduction was made by Colonel Dabney
IN 1855, 0nc ttS pew arrangement was made kuowisl
10 the Executive the council advised the Governor TO
write 10 Colonel Dabncy directing that the stpe,nu-
mer",y egee,s retire on haJ-pay; and this much
relied on by those who thus discharged, under
special order OF the Executive saying to them that they
were To have hafp0H.
The Auditor, the applications above mentioned
however refused TO issue the warrants and sppeal,
were taken to the District Court al Richmond. That
court adjourned the questions arising to the General
Court Tor that opinion;-Hhch decided; that I'M
der the ACT OF i199 the officers both OF the eontiaen
%" ana SAFE iine We're entitled TO hapay un.ess they
failed to serve TO the end OF tie war, being supernu
mefary, refused again 10 enter into the service on
command TO that etft CT and that the troops being dis.
banded in February i7S3 and the preliminary articles
OF peace being signed before that Iimc the officer.
ought 10 be considered to have to the end of the
war. Judgments were accordingly entered up in the
District Court Tor the appellants; and appeals were Ia
Ken on behalf OF the Coinmonwe alth, 10 this court
The opinion pronounced in this Court in May 1872,
was 10 ,his (conhnng the opinion 10 the off,
GERS OF the STATE e) that such of tho officers, and
Ysuch ~ them as actually served to the end of the war;
unless restrained by being prisoners psrol other
wise, and such ol them who becoming pernumerary,
again actually entered into service and continued there
He, 10 commence from the determination of their COM
nand or service, when the same was duly sgnited to
them by the Governor, and their Regime ts disbanded
IN pursuance thereof, which 1t appears, was the
1911 aud 22d April, 1888.
Ihs decision being contrary TO that Of the General
Court, not only as to the claim of the supernumerary
but as 10 what i. TO be intended by the terms end OF
He cdT being contrary ia these respects to the under
standing OF the contract by the officers both of the Con-
uheh'ai ana State ne'; TO the understanding OF Con.
ge's when they took upon then the discharge of those
U a..
lII9, asto the Continental lima, and our State line Who
had occasionally supplied our quota in the Conne ns
me, believing that no such inseniOu, dsParaginx
dls'ncH0n between the State and Continental Lines,
was ever contemplated by the act itself or by any sub.
seqieht act doing Of the government but that the 70.
verse was clearly manifested, both by the State Govern.
men and Congress in all their acts and resolutions d
Ius He icar, and Tor some time after its examinations;
mat decision, say, could not be expected 10 be- nor
was IL satisfactory There was attached TO each case
reservation, that the deci'ion should prejudice the
party, III any future claim, on fuller proof
Under this reservation number of officers belon qng
10 paoney Legion, being the Corps consolidated at
YORK as Aforesaid, and who had been deranged and be-
supernumerary under the last of that
Corps, 10 Feb l7S3 again applied for warrant. Their
application as again rejected, s. they appealed to Clan
eei,"r "ythe--He decided, Gas will be seen in hi, VOL
oil Reports 62) ia The way that the General Court
did IN The Cases above mentioned.
An appeal was taken from this decision 10 this court
wheh thr.e Judges, one oil whom came into the court
after the former decision reversed the decree of the
ground OF evidence whereon found distinction be
tween the cases; and 3D. the ground that the former
DECISION had correctly decided that the end of the tcar
within The meaning of the act of of I779 was the pro
camaiion On this point they saw that the bouutv OF
ha-pay give by Il of 1879 to tie officers oil the
the SKATE Line in the said act described was an extra
fetcGrd on bounty for their services to the end of the
'cdr il they should serve long, Sc. This case wa.
argued entirely on the ground that these parties had
served 10 he end OF the war, which ground alone
lhey put their case. Judge Wythe had also put it ON
lTl ba
M NJ TO prove that supernumcraes were entitled TO
ha-pay under the act Of 49, which strongly marks The
ability e that Judge.
The decision OF he General Court AZ to supernume
rae' being thus fortified by the able argument of Chan
celor Wylhe, the officers, may well be supposed
were s'Ii lar from being satisfied with The result Their
next course was TO present petitions individuality TO In.
LeesaIute II was long though before they mustered
resolution 10 10 thi' hniliy however, many of them
prevailed IN that way, and succeeded with that BODY
ana amongst them every one of the claimants in this
case, Except Quares, who doas not appear ever AM
Phe') ana many oil the other applicants the first Gaze
nave also succeeded, some of whom were supernuine
Fary az early as 1884, and some became on the first
consolidation oil the troops under Col Dabney after the
capture OF York; besides others no were not pares in
either OF these controversies Thus every species of
supernumerary has been recognised, as having lust
cIaim TO hatphy by successive Legislatures: which
Is an evidence that these decisions of h, court were
not satisfactory TO that body, the country and are
suIhe'tht al least, 10 remove any weight which NAV
have been given TO the act OF 1900 as Lsgi,,tive
lnieTpre taion OF the act of l779
nave further resons also for inducing me to believe
mat we are al liberty 10 reconsider those decisions
we nave now compilation OF our laws, and of the
journals and Resolutions of the Legislature which
10 me army In many respects operated as Iaws: and
whIch give us ready reference TO all the lights which
can hence be thrown on this subject, and without whicb
confess, would have been IN great darkness, "a IN
points which aborsus investigation ha, cleared up
my satisfaction. Besides this, many important docu.
nens, lost or mslaid at The time those cases were he
lore ms court, have been discovered; some of them b.
tween me hFs and second arguments OF tbi, case and
some OF Them even since the last argument Indeed
nave been orciby struck with the circumstances and
aanner under which these documents have from Tim.
10 unei As were by accident, been brought TO
hey are all submitted 10 us as though they had be be.
lore the court below and thus made part of The re-
cord before us. think those documents would proba
have had an important bearing on the question b,d
they been before this court formerly They have GER
IainIy, explained things TO me, without which would
nave been entirely IN the dark, will presently be
seen Ohe OF them, the arrangement or list of Navv
Ohces, and which has been discovered since te lac,
argument consider OF very great sequence in thi.
particular case as the former part OF this opinion will
shew. r '
we have been also favored by Mr.. Call with hi.
Report OF the arguments of counsel and two
d. the Judges IN the last case. We there see ON what
grounds INA case was put by The counsel on both Sides
,hu "hd consultations weighed with the court; and
bhk IL manifest from this report, that the case wa,
IN an important matter, and which had
great weight WIN at least one of the Judges who deli
'ersd dn opinion. III was an error into which my,.I
was nearly iillina, and from which ESCAPED by tbs
'id OF one OF the documents which has lately bsso dis,
covered This by tho way, is strong proof TO mi.
amongst others which have occurred since have b,,n
III 'hs Court OF the importance 20 tho public of Calf,
Reports calling for their public alton 90 q,