Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-26
VIRGI.VIA LEGISLATURE.
REVOLUTIONARY CLAIMS.
Speech Of Mr.. 1ndtrSOn OF BOtetOurt, an the House of

When the question was atout to be propounded OF
the adoption OF Mr. Anderson's resolutions, as a subst
tue 10 The resolutions reported by the committee OIL
Revolutionary Claims
Mr.. ANDERSON rose and said, before the vote wa:
taken, he would ask division of the question, tina
the vote might be taken separately each resolution
The prOprcty OF this would be by advert
ing TO the resolutions. he first embraces the officers
OF the Virginia State Line, who continued in active
vice, or at any time became supernumerary and again
tered ii and continued in il until the surrender OF Lord
CORVALLIS, or final termination of hoses in Virginia
The second excludes from the cmoluments of half pay
all supenumerary officers, who any time during the
war, refused to enter actual service again. And the
third embraces all officers oil the Va State Line who
became snpcrnumerary subsequent the passage of the
act o l119, and did not refuse actual service
gain. His object in asking for division of the ques-
on was TO ascertain the OF the House in relation
TO that class of officers embraced by the first resolution
in the event of their being a majority opposed to the
third resolution. AS the fate of the substitute depended
upon the fate OF these resou ions, before he took his
seat he would ask the indulgence of the House, VIII LIST
he stated his objections TO the report of the commit.
tee, and his preference for The substitute. He
was well aware OF the great dstaste for long speeches
prevailing here at all times but especially at this
late hours and this should admonsh him TO be as concise
as possible He could gentlemen that in his pre-
sent state OF feelings, (beng much indsposed) he felt
as much averse to make speech, any of them did TO
near one, but situated he was, he felt his imper
Gus dutyand he hoped, that the importance of the sub
Ject the nature of the application, and character of the
applicants, would be sufficient apology.
report and then assign his for preferring the
substitute.
The report recognized the claims half pay for life
o. only such officers othe Virginia State Line,
in command or actual service the 22d of April, 1888
But, sir the reasoning by which the report is brought
to this conclusion is equally Objectionable to
the conclusion itself. The whole argument rests upon
the position that the act of l779 not contract be-
tween the government and her officers; that it embrace
ed only the officers of the Virginia State Line then i'm
command and was offered to them gratuty or boun
ty Mr. A. said, he presumed that only could be cons-
dered gratuy which given for services already
rendered and paid for free from any condition be per-
formed: consequently if the half pay promised by the
act oil lI19 only applied TO officers OF the Virginia State
Line then in service, and offered gratuity or
bounty, il must have been for services previously per-
formed for which they had received the ordinary pay
Hence the conclusion that those officers, who served
until the 22d OF April, 1888, alone entitled to half paw
does not correspond with the premises from which it is
drawn, but Is directly at with them But, Mr.. A.
continued this position is reutcd the report ITSELF
IL contends that only such officers continued in
al service until April 3D. 1888, entitled half paw
Hence, the continuation in service is the consideration
Tor which the half pay should he given conseque ntly
is contract TO all intens and purposes, entered into
between the government and her officers by which the
one promised to pay the others half pay for life, if they
would continue in her service until the end of the war.
I'is iustration he hoped, would satisfy gentlemen
that the position that the half pay offered as boun-
~ or gratuity, is incorrect and untenable.
He thought il equally easy TO refute the argument
that the act OF 1919, did not embrace the officers the
Virginia State Line, who commits and enter
ed service subsequent TO its passages but he would post
pone it until he came to examine the substitute. In
support OF the argument against the claims of supernu-
merary officers, the report calls TO IFS aid several legs
ave and Judicial decisions In the first place, refers
TO the act oil and contends that the board of officers
organized in 1882 by the Executive under authority of
this act was required to discriminate what supernum
ry officers of the State Line, had forfeited their claim
the ordinary half pay of supernumeraries during the
war" Mr.. 4. sad there such halfpay authorised
by law. He called upon the friends TO the report TO
produce the act of the Virginia Legislature previous
December, ISL which promised half pay 10 supernu
merary officers during the war half pay of any other
kind except that promised by the act of l779 Ii there
any such act he had seen it, and would he obg-
ed to gentlemen if they would refer him to it, But,
sir, If there is such act it is necessary that gentle
men should prove that the act of 1151 refers to it, 1t is
evident that the boards of officers who sat under the
authority o this act, 60 whose reports he would here
after call The attention of the House) understood it as
referring 10 The ha pay promised by the act OF l779
Or hey would not have included in the list of Ulcers
entitled to hall pay those who then i'm command
as well as the supernumerare because they
titled to full pay long they continued in command
This they did in their report After discriminating
few officers who had forfeited their claim TO half paw
they furnish st of about 2 officers entitled TO half
pay-thriy OF whom were then in command. Mr. A
continued, II gentlemen not vet saii fed that the
coemporaneous construction Of The ar of ISL CORES
pended with his Interpretation off he would call their
attention 10 The reports OF two boards of officers called
by the Executive in December, 1885 and in 1884, by
authority Of this act. The one called at the re.
quest OF Col Crockett TO enquire into The claim of the
officers OF his regiment 10 half pay and discriminate
such az had forfeited their claims 10 il; and the other
10 enquire into the claims of the officers of the NAVY
10 haf pay, and 10 discriminate such as had forfeited
their claims to IT, Agreeable TO the provisions Of the act
oil ISL Both OF these boards and made re pors on
The subjects referred TO them by the Executive This
was some time after the termination Of the war, by the
ratification of The deiniiye articles Of peace on the 81
of September l7SS; and therefore, prov cu5vely
that the Executive and boards of officers organized by
IL under the act Of $751; did understand the object
OF that act, il represented by the report Of the
miuee, to ascertain such of the supernumerary off
GERS entitled 10 "the ordinary half raw dur-
ing the war;" because the had then terminated,
bu, 10 ascertain such entitled 10 half paw for
life, agreeable 10 the act of 1870. This he believed 10
he the true construction of The act Of 1881 as he would
be able 10 prove 10 the satisfaction Of every unbiased
mind when I've came 10 examine the act itself more
particularly. The act OF 1890 is also referred 10 by the
committee as legislative authority in support Of their
construction Of the acts ofl779 and 1881 This act pro-
vides that all officers of the Virginia Sste Line who
served until the end OF the war, and such only Of the
supernumerary officers as again entered the service
and served until the end of the war, entitled TO
half pay during lie. The preamble 10 This act sEews
that it, Obi explain the act OF May, 1879; and
perhaps another act which passed the same session.
auhorising four additional regiments 10 be raised for
tie defence Of this Stste and 10 declare what officers
were entitled 10 half pay during life; in consequence
Of doubts having arisen in relation TO their claims
These doubts ha been created by the contrarety Of
opinion with regard to the claims Of The supernumera
ry officers and OF the officers Of Col. CrocketPs regi
ment, which was the only raised of the four au.
thosed to be raised by the act Of l770 before alluded
this cass Of officers is evident from the report Of the
BOARD of ofhcers in Tgecember. 11S3 who saw. that