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

enacted TO explain the act Of l779 But vaivpy IN.
expo.iio. OF the act oil $780, and surprising that Capt
liy's claim stands on as high ground as that of the
.upernumerary officers OF the State iue in the case of
he Com. Roane sc, il must on the authority of
that case, and on principle. have the fate No Off
Ger oil the State lice or Navy held their commits
to serve during the wal; there was no binding obya-
ton on them to continue in service during the war;
they Were, at all tmes, at liberty to resign tbeir
commissions, except when under special orders TO per-
form some duty nor there. in the nature OF things
any Obligation on the par, OF the governments keep
them IN service longer than the exgencies of war
qped; il had right to disband them al will nor did
the act OF l779 put them the footing of officers of the
State Line, III continental service. They were COM
miss'onsd oy Congress, and when supernumerary, liza.
bic 10 DC called INTO service at any moment. without
the power OF refusal, when called though they also
might resign, when not under special orders perfor
some duty The oher, then, OF the OF l779 the
Supernunerary Officers OF the State Line, who when
called into service should not refuse TO return and who
should then continue in service the end OF the war
was OF an entirely different character from the offer by
Congress- oil haipay Tor life, to the officers of the Con
hnentai Line, who should remain in service to the end
oil the war--or coming into service after the resolution
OF lISo, should remain in service to the same period
On the one hand from the moment the Officers of IN.
State troops put of actual service by the
duc'on oil their corps, with the right refuse to come
INTO service again when called, they were completely
d'oanded and were as II they had never been in SER
vice. as TO any obligation them for fture service
On the other band, the officers OF the Continental Line
were never dshanded: though Supernumerary for
want oil command, they wee virtually in service and
so continued until the end of the war. The Court,
therefore, in the alluded TO- was not bound TO CON
sder how Congress had treated its officers in regard TO
hall payihe act Of 49, and the succeeding acts
Ms guides to the conclusion TO which il camp i'm these
tiourd no obligation on the part OF the Government
but mere otfer depending on state Of things which
never had occurred in the before it, The Chan.
ceior, whose decree it reversed, gave different and
Imposing construction to the act of l779 He dis.
REGARDED the distinction between those Supernumerary
Ohcer' who came again into service and served to the
emu OF the war; and those who never returned to
vice; he was by the words servce and COM
mand, in the aot-By referring the word service -
to Officers OF The aft, who commanded in that
Character though they do service; and the word "com
mand, TO ofhcers who do command, and do service al
90, reddendo stngud singulis he would have perceiv
ell that the act oi l779 required acu, service to the
end OF the to- euti,e officer half.pay for life,
and did not include those officers who, being Supernu
merary and out OF service, and who had refused
return, not having been required This Court con,r
ed the act OF 1873, according the obligations of the
parties, al the time it passednot the supposed obliya
tons for a glorious peace and independence. The
Government when it could not recruit to fill up
the ranks, under MODIFICATION retain the Super
numerary omcers on pay and ra,ions: il had right to
disband them, and il did in effect when by the act Of
iHS they had right TO refuse TO again enter the
vice: these words again enter into service &c. imply
di'handmen; Tor, when an officer ha, right refuse
10 do duty by the license of the Government, he il.
dsbanded. /, would have ben esteemed patriotic
IN the officer, 10 remain at home retain his rank ex
empt from militia duty,-and, though never again in
service, to Claim compensation like that given the
|
vice, aud con nued 10 the end of the war; or who had
remained in service from the date of their commissions
10 The same perlod-those words, if required, shall
| again enter into service, imposed 10 binding OBJ
'igaton on either pariy-they contained the ma
ture OF the condition which half-pay was TO
be giyen-they -impute no fault either party
who might not act Under them, the Governor was
not bound 10 require the Of officers when il
had not men,-nor the Officer bound 10 com.
ply, u required again TO enter into service
ms Court gave this cons,ruc ton the act more
ago. nirh hash
the officers and their il now TO be
disturbed, presume shall hear no more of the rule
stare decis Ii considered the claim OF the officers in the
case before with great precision, bound TO do
so by lis Judicial duty-was il founded on contract or A
mere promise OF bounty for future service depending
on the requirement of the governmen mt selR-In either
aspect, as there binding DBL alton on the office
10 the government, he held prove exac
ance OF The condition prescribed by the acts under
which he caimed virtual performance was not enough
ih such case, however strong was the claim on the
gratitude o. the county which was fully admitted and
though in that case the claimants were in service TO
the Gig ming OF the preliminary articles of peace that was
not PROOF oil exact performance the condition pre crbed
oy The act oil lII9-t was not in contemplation of law
service TO The end OF the war; they had retired from
service before the proclamation of peace by the Governor
oil the State The government which the public force
belongs has the sole right respects decide when
the ends and begins: thoug the exclamation
Of peace did not make The peace it revived The obligations
oil peace put an end 10 the obg aons of ar in this re-
spect Though did not make Ill put an end TO the
war and thereby fixed the term OF service of 1873 and
l790, to enti lie the claimants half pay for lie
am right in the opinion, that Cap. Lilly did not serve
TO the end OF the though his claim is placed on as
high ground as that OF the supernumerary officers of
the State line, 1t must be rejected and the judi of
the Superior Court of Henrico recorded