Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-18
.e.r rights. and 1. no, i,nprob,bl. that similar ca

Of the State, and the oblg imposed ON me
observe the progress and character Of these revolution
airy claims added to the real magnitude Of the subject
would excuse my making the respectful suggc sons to
the House OF Delegates, which propose to do
independent OF these considerations, however, am re-
qured by the second resolution Of the House, to COM
muncaie all the information which possess In reia
| ton to these claims.
II Il well koown that as far back 1872, several
officers or the State line carried their demands 10,
hsf.pay before the bunaI Of III State,
which decided against their validity. Whatever d.
verty OF oriaion existed with regard L. that decison
Il arquiesced In by all; the law settled and
| the claims abandoned Matters thus quietly rested
r nearly 80 yesrs. until the winter Of 1920. when
he application Of Captain William Campbell Of The Il st
State regiment the Legislature passed act granting
him Communication Of vo years full pay, 10 lieu Of half
pay for lite This case was followed in subss quen'
years down 70 1929 by numerous special acts all Of
them adop ing the principle Of communications, express.
providing, that the same, il accepted shoud be In
lieu Of half pay for lie. The Legislature. in no one
instance that am Informed OF, after the year 1894,
until the last session, refused commu alton IL applied
Tor AID uppo ted by satisfactory proof In The me an-
time, tho cases Of Markhsm aud Lilly. were carried
10 the court OF appeals, and that court 6nay decided
alter some huctuaton OF opinion, that tho claims for
half pay valid, and that the principles governing
The decision Of 1892, were consequently erroneous
This decision produced corresponding excite me ut
smong the claimants In lieu Of the provision OF FIVE
ysars full pay, which all had been content to receive
the bouniiful allow Of half pay for life wa.
eagerly pursued, and hence the number OF claims pro-
secuted 10 the courts during the last year. II the
bali pay principle be sanctioned by the Legislature
and The decisions Of Heurico superior court be affirm
ed by the court OF appeals the whole number OF claims
including those yet to be prosecuted, will probably
amount, herein before state, to the OF $54l CAS-
and the necessary provision for their payment will be-
come subject Of serious consideration. Those Of
hcer', moreover who have already received the COM
mutation Of five years full pay. will urge their sppcs
tim. 10 BE- placed upon an equal footing with their
panions 10 arms. Many OF them will be entitled to
receive double or treble the heretofore granted
by the State, and IL is difficult to perceive upon wha
principle they can be excluded, while the rest, with
m afr thsraf tl.I
mit'ng these claims, therefore, tn to be provided
by the State in order to extnguish this revolutionary
debt, will be greatly augmented.
The important pon, of enquiry 10, therefore, what
under all the circumstances OF the case, 10 just and
expe dent TO do! have bestowed upon this QUE si n
tho most deliberate attention, and proceed, under
strong sense Of duty to snbnit my 10 the L.
lature.
1. In the first place, respectfully suggest whether
the Sa'e Is bound by any oblig alton, 10 grant more
han hve Years full pay. In lieu Of hall pay for life.
The principle OF communication was originally adopted
ny Congress- upon the representation OF the different
State ne, hat the half pay pensions ere cdous aud
ant-repubcan. The Legislature has uniformly &C ed
upon he same principle, End If the General Govern
ment SHE uld he caleb to remur the expenditure
u Is doubtful whether more than Communication, IL sny
thing, BE- allowed. L have made calculation, b. |
which IL appears that IL even every claim be adjusted
upon this principle, Including these where no heirs
are in exiseBce) the whole demand upon the State |
would probably exceed 1925, 233 SO, and the inter-
est Tor twenty years, allowing that time for the re-
dsmPion Of the debt. would not exceed $l20,347 S.
(See Document C.)
2. In the secopd place, suggest, whether Justice
and expedeocy do not requ re that the Legislative
bounty he restricted to the officer. themselves il y-
ing, or II dead. TO their immediate heirs. This was
originally gratui,y, promised by the State as te-
ward Tor personal services, and IL is to my mind Gle
dstnguishable from recovered debt which would be
liable In the course OF distribution creditors
others. The officer who submitted TO i6ces upon |
tbs faith Of bis couDtrys pledge, must have regarded
that Hedge as comfortable provi.ion for his widow
and of.Pag, no, for his collateral kindred aud credit
III. DIR ID. rCul1 bf ma de IN hal
contracted debts upsn the strength Of the ronised
xrs,uity the claims OF creditors would be placed upon
did rent footing. The Legislature itself has acted
upos this principle OF restriction BY the act Of $780,
the widow and children oil officer dying in the
vice. were to receive the half pay for the of
years and more recently, in the of Roane Sa
wage, and others the grant OF eommuiaton was ex-
pfe-siy confined 10 the heirs.
g. la the third place, IL is submitted with great de-
ference, whether board OF commissioners ought not 10
be organized, for the purpose of investigating and adj
ustng these claims. Such board, properly eonsttu.
ed, would conduct their enquiries untrammelled by the
forms oil Judicial proceeding An administrator, insoi-
vent or whose securities might be nsolvent and whose
right OF recovery could not be questioned by court of
law, would find no favor. The proper distribution OF
the fund would be amply secured and the parties TO be
benefited would not be left to the unavaiiing remey
of proceeding against those who received inadequate
security.
4. Ii is also submitted, whether in the state Of the
public finances, and under the circumstances of de-
mand oil such great magnitude, upon the treasury after
an abandonment OF near forty years, it is both right
to interfere with the other obligations of the State or
occasion an increase in the public taxes A plan NAV
easily be devised, by which the interest can be maid
and from hve to ten per cent of the principal exn-
guished annually without creating stock which would
be subject to speculation, without producing the
slightest Inconvenience to the treasury. The public
faith would be redeemed, and even il necessary the
present rate OF taxation BIO diminished. The whole a.
mount OF the debt reduced to the scale of Communication
would be 1929 233 30, upon which sum the annual in
terest OF live per cent. would amount TO SlI 46I &C.
and il FIVE per cent Of the principal be extnguished
double that sum about 1922 923 81 would be reouir-
ed for the first year-s less for the second and thus
would IT be gradually diminished, until the whole
would be redeemed
g. 1t is also submitted, whether il be not perfectIv
just and proper TO prohibit by legislative enactment the
assignment oil these claims, except by the last will and
testament 1.-The party parties beDecially interested
all inenis and purposes the claims in the nature
oil annual sPends pensions, and subject TO all the re
guaiions which distinguish those public gratuities-
ongress, oy valous similar provisions, has protected
It's bounes for revolutionary services from the grasp
OF the speculator and the State by its pension law has
pursued the same course of policy.
am aware, that to the fore going scheme for satisfy
ing these Revolutionary Claims, some objections NAV
probably be urged. Ii may be commended that if the
Court OF Appeals should affirm the judgments for half
pay The obligation Of the ate pay them will neces-
sariy follow. To this reply, in the first place that
the judgment OF court against the Commonwea tb in
order TO have effect be sanctioned by Legislative
appropriation So guarded is the law with respect TO
the disbursement OF public money, that the Auditor
prohibited from issuing his even upon the Joint
resolution OF the two Houses of Assembly and surely
when this restriction the Legislature itself consid
cred, II would be extraordinary, If judicial appropra
tons were uncomfortable and unlimited In the second
place, it pay be Observed that although the judgment
OF NAV be rendered according In Tho forn,s of