Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-01-18
S61I 0lh On

Making an aggregate of cs11oAs 90
Which il is probable, will be claimed Of the State
In reference to statement A, the following facts
will be remarkcd Is. That in several cosss the
administrators have executed bonds, in penalties
totally inadequate to cover the amount of Indictment
and i'll instances it does appear what secpri
ty was given Cd in some instances the claimants
are proved TO have died without leavipu children or
kindred, and In many cases, the testimony is silent
upon that subject Sd The evidence - aImost
without exception, ca pdrte, If it collected in
other States, and much, even if fully admitted To he
true insufficient to establish beyond dispute the
claimants identity. To many cases this last ,bssr
alton, is, of course entirely iuuppIcabe and p,,st
also be distinctly understood, that by agreement en-
tered on record between the counsel for the annel-
lees, md the attorney general either party is ut lib
ery at any time before final decision in the court of
appeals, To file additional Testimony by atidavi,s or
otnerWiSe' ana all Just exceptions may be made and
insisted upon by each, in regard to the effect of the
evidence now filed, or hereafter 10 be filed
1t is not, therefore, to be supposed that without
this agreement, by which the law of each case was
SUBMITTED ana the question of evidence reserved For
future arrangement, that the court would have rem
dercd Judgment, except i'll few clear cases.
The policy of adhering to strict and LEGAL nroof &c
manifested by the fact, which will also claim atten
ton, that rival claims have already sprung up to the
same officers rights, and il Is not improbabIs that
similar cases may again occur.
Ihe position '@hich occupy in relation to the
finances OF the State, and the obligation imposed ON
me to observe the progress and character of these
n
the subject, would excuse my making the respectfi,I
suggestions to the House of Delegates, which now
propose to do Independent of these considerations
however, am required bv The second resolution OF
the House, to communicate all The information which
possess in relation to these claims
IL Is well kuown that as far back as I792 several
ohcers OF the State line, carried their demands for
half pay before the highest judicial tribunal of tbe
State, which decided against their validity What
ever diversity of opinion existed with regard to that
ueCslon It was acquesced in by all; the law was set
iicu' ana Inc claims abandoned Matters thus quietly
rested Tor nearly thirty years unth winter Of 1920
when on The application of captain William Camn
bell OF the first State regiment the LensIatro nossed
an act granting him communication of five wears full
pay IN lieu of half pay for life. This case was
followed IN subsequent years down to 1920 by hume
ros special acts all of them adopting the DrincnIe
ol Co'hn'ntat'"n' ana expressly providing that the
same II accepted should be in lieu of half paw for
NE 4he Legislature in no one instance thai am
informed or after the year 1894 until the last SOS
sion, refused communication fapped for aud supported
ny satisfactory proof In the meantime the case of
Markham and Lilly were carried to tho court &c
appeals, and that court finally decided. nfier sona
iluctuatlon OF opinion that the claims for ba If nav
were valid and that the principles governing the de-
jlson Ia i'92' were consequently efsoneous. This
1ecslon produced corresponding excitement anonr |
he claimants. In lieu of the provision of io, vear
nil pay which all bad been content to receive The
more bountifu allowance of half nav for life wos
sagefIy pursued ana hence he number of claims
prosecuted IN the courts during the last wear IF the
lalf pay principle be sanctioned by the Ieo Stature
ana the decisions of Henrico superior court he af |
rmed by the court of appeals, the whole number of
cams including those yet to be prosecuted will
probably amount, herein before stated to the sun,
d So4l945, and the necessary provision for their
payment, VIII becone subject Of serious conSiders
.loh NOSE oihcers' moreover, who have already
received the communication of five years full nav viii
urge their applications to be placed upon an eonai
footing with their companions in arms Man IF
tuem VIII be entitled to receive double or treble tho
amount heretofore granted by the State and il is DIFF
cult to perceive upon what principle thew can no a
Guided while the rest, with no STRONGER claims arc en-
Literally provided for. Admitting these claims
tIie sum TO be provided by the State in
order TO eXtingush this revolutionary debt. will bn
greatly augmented. ' " o1
me important point OF enquiry is, therefore, what.
under all the circumstances of the case is il inst and
eXpedIent to do: have bestowed upon this ne,tior
The most deliberate attention and proceed I'D
strong sense of duty to submit my views to the Ins
ature. ~ 49,
In the first place, respectfully suggest, whether
ne state IS bound by any obligation to grant mora
than five years full pay in lieu of half nav f i;f5
The principle of Communication was orn;nalIy odontnJ
by Congress upon the representation of The dfront
,,d mes, Ihat the ha pay pensions odious
ana anti-repubcan The Legislature has uniformly
acted upon the same principle and if tho CteneraiI
Government should be called on to reimburse the e1
pendlture' 1t is doubtful whether moro than cornmu
tation, If any thing, be allowed 7 have n1aJo ,
calculation by which 1t appears that if ever, eT,o
claim be adjusted upon this principle (includnD those
where no heirs are in existence) the whole demand
upon tue state would not probably exceed 1929 orr
o. ana the interest for twenty years, alowinn that
time for the redemption of the debt would not exceed
S 347 90. (See document CT
z In tne second place, suggest whether Justice
ana expectancy do not require that the Legislative
b0unty be restricted to the officers themselves ifv
n.y. or II dead, 10 their immediate heirs This yy1s
'rigfoaily gratulty promised by the State os re
ward 'or personal services and it is TO nv mind clear
y dlstINguIshabe from recovered debt. Which
would be Sable in the course of d;stribnton f. ro
ors and 9th Ts' The officer who submitted to sac
ifces upon the faith of his country's pledge mns,
have regarded tbtt pledge as comfortable provision
or his widow and offspring, not for his collateral
kindred and creditors. If indeed it could be made tn
appear that he contracted debts upon the strenpb
'f the promised gratuity, the claims of creditors
you'd be placed upon a dSerent footing The
Legislature itself has acted upan this principle of
restriction. BY the act Of 1880, the widow and
,hhdren Oh an officer dying in the service were to
receive the half pay for the term of sevsn years and
more recently. in the cases of Roane Sayape. and
fined TO the heirs WI
3. In the third place, it is submitted with preot
reference, whether board Of commissioners ougbt
not TO be organized, for the purpose ofnyestipatng
ana ADJUSTING these claims. Such board pronerIv
constituted, would conduct their enouiries nnfTam
hu na g.