Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-28

were then in service; but on examinins elsu.e which
Immediately precedes IL, " Commanding or who has
command TO-" and q clause which succeeds IT, " no
shall serve or from the tim. their be-
ing commissioned until the end Of the war;" and from
the whole tenor aud spirit OF th above reced elton
oil the Aforesaid Act, they arc confirmed Ia the opinion
that was the intention Of the Act place the officer.
Of Tho Virginia Line on Continental establishment. aud
o'the virginia state Line .recisely the ground
End that they have given the only fair aud ie
construction 10 II. ,.
II your committee entertained ary doubt n. 10 the
oil the they hay. yiye 10 ,hi.
Act the history OF that period would entirely d.s.ipse
it, II furnishes the true ky TO that, which might o.
merwise lie Involved in some ambiguity. b.. s.,
IL was during the gloomy winter Of iii and i17s
when the heart OF the soutest patriot shaken Ivy
the most trying adver.y, when the officers were In
want OF clothing and destitute Of the Of
ing mem, having expended all their little patrimony
w eq"ppng themselves for, and supporting themselves
IN the service, aud when the scarcity aud Of
clothing and provisions Of every description. and the
depreciation OF the Government paper rendered their
compensation wholly inadequate 10 their support. aud
u'"arus OF two hundred of them were driven TO the
necessity Of rendering the resignation of their commits
SONS That the Commander Chief conceived the idea
promising the oiiieer' who should until the
end OF the war haltpay during lite, as an m nj
10 those who in the to remain in L. and 10
oilers to enter into it, He wrote to Congress. recon
mendng these views in the strongest terms, the only
means TO preserve and recruit the army After impor.
tnntte apppesls TO their wisdom and p,ro,i.,n Con.
sfe's IN IT'S determined to comply with hi. advice
ana adopted resolution promising TO all officers then
IN Cohinentai service and all who should enter into
The service) AMI serve until the end sfie war
Tor NE, AMI recommending 10 the State Government
the adoption OF similar measures
Virginia dad not long remain de ar the ape al bu,
WIN her usual patriotism she determined 10 comply with
e avice oil Congress, and in May, l71s pas ell the
Act before advertcd TO- And your oinni,tec believe
mat tie phraseoIogy Of this Act cons with The
circumstance which gave il birth, warrant them in
coming 70 the conclu Ion. that the half pay du. ing
me- was offered az an additional compensation, to in.
nuce those who were then in the service 10 continue
IN until the end Of the war, and others to euter the
.ervcc.
a. TO the srconl proposition relative to the claim. o.
me snpetnnmerary officers, your committee have
gwen II that reflection aud invest CATION its imports
char 'ctcr demands. The Act Of Nav l719 in
10 this class OF claims Is involved in much am guilty.
would seem to yonr committee that had Il bsen tho
IN eniion OF the Legislature Of May l779 10 exclude
all supernumeray officers from the hAif-pay eomp-n,a
ton, except such again entered into the service
served until the end Of the war; the clauses In the said
Act, " required so to d." and command or in
the conclusion OF tns sentence, entirely
ry, and that their insertion have been To-
prevent thi' Interpretation being given IT, They are
sust iine in this opinion, BY the which the
virginia Legislature Of November, 1871, appe AIRED 10
have given to that Act, by the ps.sag. OF an Act au
thorsng the Executive to on loot the en-
q'res Tor the purPo'e OF sscert.ning tho rank AMI
eohnani oil The supernuneray officers and the erod
when they became suprrnumerary by the reduction Of
their bi'taons and Tor the purpose of
such az were unworthy Of halt-pay. Your committee
Act, that the object Of the Legislature NAV have be
10 discriminate such supernum-rary officers "a by us
worthy conduct h,G forfeited their claim to halt. psv
during the war; but examining the edings and
report of the several boards OF off ers created bv IN.
Executive under thi. Act, who sat in February and
April, 1852, aud 10 December, 1888, they find that
INHERENT construction given 10 IL by them These
boards OF officers, and the Executive who sanctioned
their acts. appear TO have sced under the ,sou
hat the ohJect OF the act Of November 1881 wa, 10
ascertain what officers Of tn. Virginia State Lin. yv.r
IL ppla m
iI19: because they do not conhne their examina,ion
TO the supsrnumeary officers, hut reported hst q, all
sueh oiheers Of the Virginia State Line they thou sh
entitled to hafpay, including all the officers who had
oeen rendered supernumerary by the reductio, of
their baiaiion-, and all the officers OF the Virginia
Sale Line then in command, with the exception OF
lew whom they discriminate having forfeited their
clam to haii-pays by unworthy conduct. The TO ,rJ
April, lIS2 al certies that the officer. of C,oct
eus Regiment at that time in actual service in Ken.
,tacky, are entitled to- ha-pay. Your committee .r.
therefore OF the opinion. that the several ards Of OIL
hcers organized by the Executive under the Act of
November ISL by including in the lie, Of officers
ied 10 ifpayy those who then in command az
well az hose who supernumerary con,der.d the
Act OF November. l7sT intended to carry into effect
more fully the provisions Of the Act of May f77o in
relation 10 the bafpay Of officers during life: and ta,
The Executive concrcd with the several of Of
hcers In their construction OF the Act of N ,yeub
i'oi, by raiifying thsir Acts If there can be any
DOUBT as to the Of this conclusion of m.
committee. 1t can be easily removed by references 10
an act oil the Execu i've, in December 1888 after the
raihcation OF the deniive articles of peace b~tw
th's country and Grea, Britain; when the que 81 OF
Colonel Crockett, thu Executive ordered board Of Of
hcers to meet .nder the Act OF November 1881. for
e purpose oil discriminating such Of the off of liz
regiment as were entitled to half pay during Ife and
such as had forfeited that claim.
fouf Cs'hiIn'iee are aware, that thu clio
gwen 10 the Act oil November 1881, BY the Executive
anil the several boards OF officers created under
hc', may he incorrect, but they think is
"ifh 10 great weight, more especially il does 10,
couh ct with the literal la expectation Of the Act itself
they therefore believe, that the lit o. officer, entitled
10 hd-pay IA reported by thu board of officers of Feb
'u.ry and Api, 1882, |, prnd face evidence of tn
rsht OF such officers to haI-pay. Your co nitee are
strengthened IN this conclusion, by the cons ration
.hS e report OF the board Of officers, Organized IN.
der the Act OF November ISL il tes inony in ravour
OF hose claims inrni'h ID by the Government itself and
he very best which the nature OF IN. case will adj mi;
more especially since all the docuneDt, and p,.xr.
connected with the War Department OF Virginia wrr
eher destroyed by the enemy during the eyoIution.
w.t. or 'ak'n by an agent of this Govcrn,p. nj 10
The Capitol OF the National Government for the MIR
pose Oh I,cWthhg The settlement. Of the claims Of Vir
E" aghhs that Government, aud burnt in the ofics
OF the War Department in 1SI4 where they had bean
deposited; thereby depivng the officer. of the r-yo,u
uonary war OF The only documentary testimony ia "A.
your OF heir claims, exccp the sport of the board n
oihcers furnished by the Government.
our committee are aware, that the Legi,laiure nv
an ACT passsed in $780, excluded all
oihGe's LON ha'i-pay compensation during lie ercep,
sucn as again entered into service being required 60
10 do aud served to the eDi of the war; but tb.v do
not think that that Act should have aov of,,.nc.
ON the decision OF this question: if il violated aov ,ro
VISION o. the Act OF 1873, because in that case II oud
operate IN 'hs nature Oh IN ex.pJ,t iacto law and Ia
violation OF the Constitution.
ns'so true, That the Court Of Appeals have decii.