Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-03-02

determining the controversy AZ fan, II inpsired
me obligation oil contract and was therefore uncon
sinuona' and void -as legislative construction ola
ormerl law. should not be egarded because repus-
nant 10 more eon'emporaneous exposition Of the
contrsc and repugnantto the Language aud spirit of
the act which IL processes to explain.
There was something, Mr.. Faulkner thou eht in the
aet OF iI?o no very credabe to the General Assem-.
bly, of that day. II the supernum~rary officers were
not, IN their opnion, entitled the claim.
ed' their petitions could have been rejected. But why
deem II necessary then to alter the very terms Of The
conlrE 10 substitute other words for those made us
OF IN 7i9! TO change the language and character of the
eomp'cH ~ thought II the original draft Of the bill
had Dc. tax n from the fles and altered and erased
II could not have been more shameless departure
from honest legislation aud good faith
Mr.. Faulkner remarked, it only remained necessary
Tor him to advert TO form decision OF the Court
OF Appeals connected 18th these claims, and remove
certain errors which existed TO the proper extent Of
that decision.
tween the year l790-97 there were two decisions Of
the Court OF Appeals upo right Of the supernume.
rary ohcer' to the halt ras Tor hre-boh decisions adj.
verse TO their claims. And the case Of Chri,topht
koine ard OF ers,repprted IN Cai's Manuscript Cases
has been referred 10, 10 Sustain this assertion
MIR Faulkner believed. it might be shown that gen.
uemen had entirely mis- conceived hcs,;rit aud ex.
tent oil that decision; and the alluded m upon
Ia. examination, would he found only nat su.c.p-
uu'e OF consruc ion adverse TO the Claims, bu, de-
cidrdy favorable 10 them.
Tue decision reported in Calls M.pu.cri,t Ca,e,
wa upon the application OF he officers of ono Of tho
.es'o's raised 'o' tn. del nee OF this Commonwea h,
oyan act passed at the Spring session l7sl-and the
question was VIII Their the officers Of that legion wors
NOT enei TO the same compensation, which IL seems
TO be admitted allowed off Ger. of the boffai;on.
oil the Safe -Whether they should be placed upon Tire
same 'otng as TO The half pay with the regular mill.
tn'y establishment Of the Common esl,b: This was m.
question: ana The ouly question The trht of IN, Su.
pernuTerary Officers To alverted toanJ nm. H.
sion turned exclusively upon the particular conji,;on.
and spusoss embraced in the acts creating the corps
iho'e conditions have been before alluded tn under
the head OF the second class division of The
Tor haf pay
10 Illustrate the true character OF this decision for Il
had been The surce OF great and extensive error n.
would read IN exirAc, from tn. argument Of tho Attor
ney General and the opnion of the Courts
" brooke attorney General, cont.nd.J that from,
ne "oaTe V me iery, he engagements of those gen.
uetn-n were At the d,sro al of G. ,vernm.nt which,.
am dibe Iigh, OF disbandng them at pleas,re-for
ther pay VIII lie u or haf 10 be ,,urinr the ..rr
iStence Y The legion" OIL, which iunIi.t a ,o-
er 10 d bAnl whe ever the Gavernmen, tho'bt,rner"
n ON OF This Logon were rot eniile 10 tho
PROVISIONS oil e act OF l779 for that statute related to
the troops then tn service and such as rht be mfr,
acaTdS rG.Sea upoa general esta5iishneiI tcifhout
pdr'cndr sfpuGt'ons but here the services were to
be Temporary only and the nensati IN for hew i.
piserioeu IN terms the most precise Their employ.
ony," ,phi'si in service 70
Judge RCane concu ing with The Alto nav C.n.,.t
In me views just gwen, further remarks
indeed, the appeiees had bcen driven from their
posts and MT pefmhteito ito duty anu longer sous.
thing moro mshl he sad Tor them Biz there wa. M
combustion, II was an act OF voon in themselves.
For instead OF Insisting, that ihc l.g,n wa. in SER
n
tn II their commands ought he taken from t,-.
hey "a on IN hrst rumour OF peace volun arily won't
home"
The Hypothetical case stated by Judge Roan.. wa,
pcrrcy scrp'ive OF that class OF officers embraced
IL hi. sm niinen'. Those " no b-can. sun.rnum.r.
~ under 'he act oil N vemher, Isl, emphacal-
" driven from their posts" and not permi;led 10 do
duty Isnscr" Retirement wa. with them no act of
volItion'-ior falling to d-te niue who should re iro
ana who rem"r ia comm md on principles accom-
notation anu mutual cOarenience,-the REDUCTION
took place according TO seniority They could not in.
sls'as heir legions were in serUice they had right
to occupy IN iii sailons Tor their ba.taons vera
ducei--ind their soldiers dsbandeI.
ihls decision then, which had been so much mis-.
quoted anu misunderstood which hal been 80 FREE
qucn'lv adveGted TO "a concu i've az Anst the claim
which had been referred 10 by the Committee in their
report and mids promnen, mt gainst the me-.
nt'oners-Ae believed he had successfully shown was
not a: all adverse 10 their views, but rather strength
ened and corroborated all The erences which ho had
drawn from the act.
MIR Faulkner remark KID, he could no, conclude with
out bringing to the atir OF the House. in spport o
The views which he had taken, the authority of an EN-.
inc Mt and distinguished jurist Of this Shte-a mama
In:''y veneraled within these wails-and one whose
olnions derives weight no. only from the vigor and
clearness OF his capacIty-but from the unsuird pu.
r',y an txceiiencS OF his primo pes-He meant the
lat Chancellor Wytbe.
1t know Ivy his reported opinons tb, n. 49, =.
decided favorable 10 the claims OF the supernumrr.
ry o'hcrrs. In commenting upon the Act Of i779
which he treated in the nature of compact between
The Cornmonw. alth ard he officers he proceed. in
his GRANT and peculiar style TO re mark:
Ihe paties eh,ering into the compact NAV re ason.
ably b. supposed 10 have treated nd conc Jude i'm some
such form a. this
g CommonweG III. We agree 20 allow off ers who
VIII 'erve u7 III our army until tie end If the war.
hii pay du:ing your iivrs 10 commence from ia. A..
termination Of your service.
OBicefs We are willing 70 serve Tor tie stipeud
you oisr hu you may deprive us, of US of it,
by dsOdnding your my, part OF it, before the end
Of tn. war $50
" Commonwealth II we dsband our army. or mar,
oil 1t, before the end OF the war. will allow to YOU
VINO ucreDy become supcrnumerary, half pay during
your yes TO commence from the determination of your
respective commands; but upon this coalition which no
doubt you VIII think Just, that you shall enter again IL
we require You TO enter again into service and
continue therein until The end of the war; i'm which last
case your half pay shall commence from the deterni.
nation, not oil your command, but of your service
" CJtceTs. 10 all TINS we agree; and accordingly We
enter into your service.
whether ihs act Of 1870, OIL gu. no: to be expouD.
ded, as such Acts would have been expouoded i, "a.
Erred to the candid and judcious [See JYyfse's
Rcporfs1
MIR. Faulkner in ronclusion remarked that having
now presented such facts The consd. alton of tbs
ilou'e, as hc dsemei u. cessary TO iIlus,rats tho
claims OF the snpernunerary officers, he would leave
those facts to their own operation upon the intelligence
o. That bJdy. lie woHld atemp m address TO their
icetng'-nD argument 10 th~ir under>iandioy.--
ihry had The idc's before them, and were caps-
bic oil approaching their force. lie lsu well
is-lred, indeed. there was no individual in ,h,t
nan who ID rot leei every dsro.ilion 10 deal
JuSty and ihlIy with that remnant Of Revolutionary
wor MOS, whose services in hour OF need, bad a.
chIeYed the Liberties al America Gam.