Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-20


adhesion; aad ne trusts that your honorable body viii
give no reason to believe that tbs foul Gin can IL ty
imputed to YOU But is no, to your gratitude that
.os appeal made in behalf Of the heirs of r. vou-
.onary Ofieers These claims res, on higher grcund
hey only ask that tho solemn pledge, given more
ana ~ ., "a century ago, may a'ie"gh BE- redeemed
au' "a' tney may be no longer doc ned To feel ." the
sickness OF the heart that from hop. deferred
Ns not The purpose OF the writer, n, would II b.
lpeeneaoe, within the limits Of a Newspaper public.
Won, 70 enter At large on the discussion OF the
may session, l179, upon the construction Of which de-
peno' The claims OF the individuals in whose favor IN
judgments which have been spoken OF were rem.
oer,d IL will doubtless be discussed with mo-
aoniy than he can pretend to, when the sub.
Jset comes properly before YOU. Indeed. the o.
| and PecsIly that Of Judge Golfer, Ia TIE r.
cent cases OF Markham & Lilly, have tlaced the sr
eIam' In the humble apprehension Of tho writer, on
grounds that can never be shaken. begs leave
vite your d'pa sionate attention PRINCIPLES prouul
ssed in those cases. and he venturesto affi ~.
result oil that examination will be thorough acquies.
cencs In the correctness OF those d. cisioD and entire
convictisn ths those principles never be succ.ss-
iyinP'gned With what show Of popriety, therefore,
can ne legislature be called to reduce the whole
NOSE debts to the scale Of comnutation' The e.
processes his utter Inability discover on what princi-
pies Of public justice such step be taken though
ne mu ne permitted to say, that he feels grra, Gill;
dence in expressing his views the subject W hen he
hnls hem in conflict with the weighy authority of the
Auditor OF Public Account. His sag scous and pens
Wa'ing mind has doubtless suggested consideration TO
n'm In Justification Of such course, which have en-.
ureiy escaped the humber faculties Of the writer OF Thu
cohinunica'lon Does not that officer know that the
Communication Of i've years nIl.psy allowed in eu
OF ha-pay for lite. aud that IL was optional with IN.
onser to accept either the or the oiher' The pip
cipie OF Communication adopted by Congress and AZ
forwards by our State Legislature. in favor and a, j.
believed, at the earnest solicitation OF the oic ers err
ued to haifpay for life, the Communication being in moot
cases preferred; aud not, the writer conceye, for
the reason assigned by the Auditor, "hat tn. hatp,v
pensions were odious and anti republican" Whatever
may nave led to the adoption Of the Communication prin
cpie''he writer believes that has been contend
Cd that II was imperative the officers to receiy. II
IN lieu OF haltPay for lie, but on the contrary that
mas been universally conceded that the officer al b
ec"on 10 take that which he considered most
geous Ii must be admitted therefore, that if the
claimants are entitled to the bene Of the act of l770
they are entitled 10 hafpay for life, since the act OF
II9o' Allowing Communication with interest in lieu oil half
pay, can by violence of construction be so in,etpr.
cd as 10 take away or impair in any the
pre- ehung gh's acquired under the of l779 The
act OF ITO was intended to superadd rights to tbos. al
ready existing. The manifest and garing inns,;c.
therefore, OF reducing all these claims the scale OF
commandments too obvious TO require further linen
tary Ii may be perfectly true, indeed that recentlv ae
'oe termination Of the war, the officers entitled to half
commutation in lieu Of half.pay for f because the
Communication was certsin definite sum- while the half.
pay Tor lie would VI termn az The de sth of
tue parry VIII oh might happen at any moment But
deny the correctness of the thar IN. An
di'or seems to draw from thence. that the Common
wealth. has right, after wi hhclding from these eff
Gers the Jn. for than half century and al
ter most OF them had attained coed old nge and nlv
eunk unrewarded into he tomb TO cut of those vet
hVinR, and The heirs Of those who ae dead, with tn.
communication; Alright which, have she W the Sa.e
never Ola possess, in az much the Off were left
iree to exercise their election take eli her the com
mutation or half-pay.
Something is said about the abandonment oe IN 49,,
eAms LOT nearly forty years This strange
tvs true that these claim, not prose cu,ed for
considerable length of time bu, that there has ever
been an abandonmento Of them from a conviction thai
.hey were not well founded, utterly dew. And why
were they not secuted! Let the story of thes
claims furnish the twas because two sey rrs,
adJudica'ons OF the Court of Appeals deoying their
rght 10 which are concI,sivsiv
oy Judge Coal'er, in the Lilly's adln'f
" 'os commonwealth, 20 have been founded in a total
misconcePton Of the ground, on hch the claim, n
Tue p-uuoners resed-had extin ed the last
s6., ., nope mat Justice long deferred would
'eng'h prevail But, even were il legal would il be
mogndnsmous in the State of Virginia to reIv nm The
.Pse Oh tme to screen her from the payment OF debts
OF me highest possible dignity? An emphatic neg,,v
must De the response Of every man whoa bosom ia M.
seeed against the influence of every nolle and gsne
va 'esnng Oh our nature The act of mita IONS h wv
Ser' can oy no possib ty be made to amply TO this
case. That act, in the words OF dstipgnishea st.,..
an oil the esent day. "was intended to renair th
,;nSsS c'm1'itted by lime on the evidence OF human
n.s""c ~ Il submitted how far the principles OF the
~ Oh Limitations, as thus Defined apply in case in
% us oomI onweaith Is party and where ev dance
The c,;m. character exists to show not only that
e Sa."s OF inc supernu nrary officers of the Virgi
na oa'e Line have never been anidated but tha,
sneir payment has always been uniformly and ,tead
70 nave the benefit Of the rule null,tm feuDus orcr,
req, snreyit would b, "odious and an,i.republcan"
nov 20 make RECIPROCAL and allow il to be nile a.
wei against her, as in her favor.
'ne purpose, 1t Is presumed, of still farther ar
raging the Prejudices of your honorable BODY against
i. .ys es'n' the h.Fay promised by the act of TO
'eIins could not occur. very few observations will
pu' ,"is matter beyond dispute. Let il be borne in
uhu' 'hat the law allowing half-pay TO supernum.ra
Is was passed in May, l779, at most critical n rod
VI 'he war, whPE, as the Auditor well knows The &
u'neeso, 'ne state We're In most embarrassed and
usPo,ao,e condition The public Golfers were drain
ated he
Pensauon received by the officers in service was al
MOST nominal The only alternative Ief, the State in
hs e1osrassng condition OF affairs was eth. IN die
o'uu he army enhr ly, to promise those ofIice,s
whose egiments were reduced, an ample reward infn
'ure' as nducement To them to retain their comrn;s
S'obs ana nod ihemselves in Readiness to enfsr
service again, whenever the exigency of pubIic
a'SHs required H. This latter alternative wac embrac
| su 10 passing the law referred to- and II came, he
doubted, that the inducement thu, held on, no o
'ne arm OF the officer in the hour of ba,Ie Tb,, :;
nov picture OF the imagination but the angu,gs
ruin and sobsrness" The use of the ,.rm &c So.
"umeTdries, IL calculated to mi.lead IL ia al,oys,b.
mistake TO suppose, that these men stand betore von,
memorable body IN the light of ps,toners
your eounfy, without having rendered public s.rvice
| ne REDUCTION oil the regiments which tbev beIon1
60. uu not occur until 1880, and $751; MANY Of these
oHcers were in active command at the battle If Cs,o
des, IN August, 1880, and not few rendered on sa
wee az me siege OF York, in November 'SI rbsn
'ne war virtually closed. Besides the disbsnb;n. n
"e" regiments, was measure of dire neees stv a
measure, resulting from The exhausted con i,ion Of The
i'eisury' and the dlapdaion Of public credit II vs.,
mea'ure in which the officers themselves had no AZ,
nor part. 20 IVA" nv a''
But !, is said, that gross fraud. have besn nr,.,
| mi H. L..