Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-01-15

been rendered, amount W $50 80 900 90
Pending claims. -ared es,imrtsh - ro 600 90
And elaine 49,
Making an aggregate cf SS4i,9tS 90
Which il is probable will be- claimed OF the State
In reference to statement A, the following facts
will be remarked Is That in several cases, the
administrators have executed bonds in penalties
totally mad, uuatc to tho emoun of Judgment,
and in some IT does appear what securi
~ was given Cd in some instances, the claimants
arc proved To have died whou, leaving children
kindred, and in many cusrs, the Testimony IL silent
upon that subject. Sd The evidence s, almost
without exception, er pG,te, some of IL collected IN
other States. AID much, if fully admitted To be
true, insufficient to establish beyond dispute the
claimants identity. TO many cases. this last nbser
walton. is. of course entirely inappcobe, and 1t must
also be distinctly understood, that by agreement
tered record between the counsel for the appel
lees End rho attorney general, either party is at lib
erty at any time before final decision in the court OF
appeals to file additional testimony by othdavts, or
otherwise, and all JUS, exceptions may be made and
insisted upon By each, in regard to the effect of the
evidence now fled. or hereafter to be filed.
1t is not, therefore, to be supposed, that without
this agreement, by which the law of each was
submitted, and the question of evidence reserved FOR
future arrangement. that the court would have rcn.
dercd Judgment, except in few clear cases.
The policy of adherpg To strict and legal proof, IS
manifested by the fact. which will also claim otten-
lion, that rival claims have already sprung To tho
Same officers rights, and it Is not improbable that
similar cases may again occur.
! The position which | occupy in relation 10 the
finances of the State, and the obligation imposed on
me to observe the progress and character of these
revolutionary claims added TO the real gnitude of
suggestions to the House of Delegates which now
propose To do Independent Of these considerations
however, am required by The second resolution of
the House. to communicate all tho nfirm6 ton which
possess i'll relation TO these claims.
II is well known. that far back 1902, several
officers Of the State line, carried their demands for
half pay before tho highest judicial tribunal of rho
State which decided against their validity What
Sitp Tod ,,it, hat
decision it acquicsced in by al; the law set
tied and the caims abandoned. Matters thus quietly
rested for nearly thirty years until the winter of 1870,
when the application of captain William Camp
bell of he first State regiment the Legislature assed
! an act granting him communication of five vcars full
nav. in lieu of half pay for lifr This was
followed in subsequent y, ars dawn To 1879, BY
special acts all of them adopting the principle
of commit ton, and expressly providing, that the
same, IF accepted should be in lieu of half pay for
life The Legislature in instance, that an
informed OF. after the year 1924, until the last
sion, refused commu' alton applied for and supported
by satisfactory proof In the meantime, the cases
Markham and Lilly, were carried to the court of
appeals, and that court finally decided, aie
fuctuaton of opinion, that the claims for half paw
valid, and that the principles governing the de
cison IN 1872, were consequently erroneous. This
decision produced corresponding excitement among
the claimants. In lieu Of the provision of FIVE years
foil pay. which all had been content 70 receive the
more bountiful allowance of half pay for life was
eagerly pursued, and hence The number of claims
prosecuted in he during the last year If the
half pay principle be sanctioned BY the LEGISLATURE
and the decisions Of Henrco superior court. be af.
! frmed by the court of appeals the whole number Of
claims, including those yet to be prosecuted. will
probably amount beren before stated. to the sum
Of S54l ,9i5 and the necessary provision for their
payment will become subject of serious considera
ton. TlaSe officers, moreover, who have already
received the communication of Eve years full pay. will
urge their applications TO be placed upon equal
footing with their companions in arms. Many Of
them will be entitled 10 receive double treble the
amount heretofore granted by the State, and il is diff
cult To perceive upon what principle they be tx
Guided while the with stronger claims are so
literally provided for. Admitting these claims
therefore, the sum to ba provided by the State in
order TO ex'ngush this revolutionary debt, will be
greatly augmru'ed.
Tho important point OF enquiry is, therefore, what
under all the circumstances of the case, just and
expedient to do? have bestowed upon this question
the most deliberate attention, and proceed under a
strong sense of duty to submit my views to the Lcgis-
latuTe.
l. In the FIRST place respectfully suggest whether
the State is bound by any obligation, TO grant more
than five years full pay, in lieu Of half pny for if'
The principle Of Communication originally adopted
by Congress upon the representation Of the different
State lines, that the half pay pensions were odious
and nnti-republcan. The Legislature has uniformly
acted upon the same principle, and If the General
Government should be called on To reimburse the ex-
penditure, it is doubtful whether more than commu-
tation, If any thing, be allowed ] have made
calculation. by which 1t appears that If even every
claim be adjusted upon his principle, Including hose
where heirs in cxstencc) the whole demand
upon the State would not probably exceed s22s.23c
49, and the interest for twenty years, allowing that
time for the redemption Of the debt would not exceed
S120347 SO. (See document G
2. In the second place, I suggest. whether Justice
and expediency, do not require that the legislative
bounty be restricted to the officers themselves if y.
ing, or II dead, TO their immediate heirs. This vas
originally gratuity promised by the State as re-
ward for personal services and it is TO my mind elear-
~ dIstIDHnIshnbe from recovered debt. which
would be liable in the Of distribution TO cred-
tors and others The officer who submitted to sac
rGces upon the faith Of his country's pledge must
have regarded that pledge q comfortable provision
for bis widow and offspring, not for his collateral
kindred and creditors IF indeed it could be mad TO
appear that he contracted debts upon tho strength
Of the promised gratuity, the claims Of creditors
would bo placed upon different footing The
Legislature itself has acted upon this principle OF
restriction BY the act Of l7G0 the widow and
children Of m officer dying in the service were to
receive the half pay for The term Of years and
more recently. in the cases Of Ronne, Savage. and