Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-06-17


loriv in the details OF the which | spoke Oh
whrrc these allowances had been made. shall
seq that these correctly published hereafter; ana
il will afford me great pleasure at any time, or I'd
any manner, TO repair any injustice winch you may
have suffered, in consequence of any act Of mime
Won seem 10 think that the fact of this allowance OF
breyet pay having been made by Congress instead OF
the Executive IN your case, will remove any impres-
sion which ma have been made TO yonr prejudice ~
;s probable that did not advert TO this the hurry OF
debate, as | was speaking only of the numerous IN
stances in which conceived that the spirit OF the act
of 1918 had been violated without discriminating be-
! tween Legislative and Executive violations. Yours IS
the only ca which recc ec where Congress has feN
itself bound by the force of Executive precedents, to
allow the brevet pay to officer not having actual
command according 10 his brevet rank. stated moro
than once in the recent debate that should not un
dertake to discriminate or 10 censure those who mao
claimed brevet pay under the principles established oy
The innovations on the law Of 1878; and urged, as
one of the evils resulting from these innovations and
abuses that all officers would naturally claim their
share of the benefits The report of the Committee on
Military Affairs, your application to Congress, and,
The opinons Of Messrs Cass and Butler 10 which you
refer show that your claim considered resting
on the precedens of previous allowances, and not on
The law oil 1915.
1t affords me pleasure, Sir, to you of my per-
sonal esteem, and OF the satisfaction with which, IN
common with our countrymen regard the high DIS
tincon 10 which you have justly attained officer
| You have only done me justice in supposing that my
object is not to perpetra'e private wrong in seeking
TO maintain the army and every other branch OF the
service according TO law.
Very respectfully, your obedient servant,
THOS. w. GILMER.
| Cen ROGER JosEs.
P S. | am wholly al loss TO perceive on what
grounds the Executive Disseminated between your ap
plcalion and the great number of others which were
allowed without the intervention OF Congress.
When the Republic fnd herself The mot pow
erful belligcent world law passed y 10, 1912,
officers Of the army shall Distinguish hmsecs
conduct rho shall hare Srrrei years
r,Gde The promised reward not confined OFF
GERS The The prize held up the officers &C.
staff and Of engineers as wei as TO those OF The artillery
desire Of distinction animated the som Of every soldier
whose home was the tented field ye, new IMPULSE the reward
ri rapid provided aud intended by
Congress for all officers who might any extraordinary
was equally "p"nni to the honor and The interest. of the
public that M officers Of the army slod brav, gallant
hav. reckoned marveonsy strange suppose
asave inducements and anemenis deeds Of chvay
provided for class Of commissioned officers and withheld from
the other-tat Those of the a and Of the general who
fought distinguished and Jreret in the field
should time Of peace he equally eligible 10, and equally
participate in, all he benefits of the promised recompnse
and confined he allowance If beye paw 10 Officers
duty and having command according 10 their brevrt rank
command the aud file of the army-e
organized bodies of require them command bril-
gade regiment battalion, the condi
ton o receiving according 10 hr revet rank would hr
exclude them atoeerlcran of injustice, should pre-
Congress could have intended in passing the law
Suppose, for example, assistant Adjuant General
distinguished battle a brevet that in the absence
Of superior the staff the Adjnant. Generally the
duties of the chief devolved the assistant would he
duty and command according his rank
although that command was composed altogether Of officers Of
his Department. This lis presumed would not he quesoned;
and shows that bravet commands and duties pertaining
neral staff officers which enttle Them the allowances
such bodies troops which the line usually
commando but that the command and duties performed
shall be- equal Importance 10 the higher rank by brevet for
a IRE W s h. my ne nnS % h e
md ni the
day And this practice has brcn fully sustained and settled W
any Thing ea he settled by me District Courts Of the United
decsnn would virtually concede monopoly of the contingent
officers and exclude other class, which may
been or gallant actions metoous conduct even in
4s5 referred tor ].
IMPORTANT DECISION IN BANKRuPrcY.-The opera
ton of the involuntary provisions of the Bankrupt law
have been illustrated by of much importance in
the District Court Of the u S. for Middle Tennessee,
Judge Nj. w. Brown presiding. We commend it to
the attention Of the commercial and trading communi.
ty especially ahordlng insight into the remedy
provided by this benefcent law for of partial
fraudulent assignments and conveyances made in fall
ing circumstances.
The facts of the case find them stated in the
Nashville Wing, are briefly these
Galbraith, Cromwell d Co., were partners in trade
GAINESVILLE in this State and under the firm of Gal
braih, Logan Il Coz ut New Orleans, La. In the
month of pril, they failed in business and became
insovent. About the time of the failure, Cromwell,
one Of the firm, and the active partner at GAINESVILLE,
made assignment of the partnership effects to
certain creditors, leaving unprovded for large
debt due 10 the Planters Bank, McKeage, and other
creditors The claims of the preferred creditors amount
upwards Of $4,000, and the claims left out of the
deed of trust TO 100000. Logan, ofthe firm, was
prvy and consented to the assignment made by Crom
; we'll. The other partners, Galbrath & Greenfield,
were at New Orleans, and knew nothing of it when
made and dissented to The transfer Of effects
as they heard oft.
The Court decided. That the preference given
by Cromwell in the deed Of assignment mnde for the
benefit of part the creditors, in violation of the
Bankrupt Law and account Of this preference, the
debtors being merchants it was fraud on the part OF
Cromwell and also on the part Of Logan who consent
ed to the transfer. 1t act of Bankruptcy on
their part, and brought them and their effects under
the operation of the Bankrupt Law on the petition Of
their creditors.
9. That the deed of transfer made by Cromwell be-
ing in violation of the Bankrupt Law utterly void.
3. That Galbraih and Greenfield, who had no know.
ledge of the deed at the time it was executed, and dis
scented from the transfer they heard of it,
not personally, affected by the act of Cromwell,
and that the act Of Bankruptcy on their
part 4. That Galbraith, Cromwell 81 Co., and the
partners composing the firm, being insoirent ana part
in trade, the whole Of the partners must be de.
cared BanArupts by of their insolvency, under
the 18th Section ofhe Act of Congress in relation to
Bankruptcies And decree entered accordingly.
This decision settles most important point in rela-
lion to mercantile partnerships viz: That if the part
ners become nsolseut they be declared bankrups
under the 18th section of the act Of Congress, on
count Of their insolvency alone.
The effect of the foregoing decision upon the partners
acquitted of fraud but declared bankrupts by Of
their insolvency, is the in Of involuntary
bankruptcy. The commissioner and assignee having
reported full and satisfactory surrender of all the eff
(eots, individual well Partnership under the
control of Alessrs Galbraih and Greenfield, they
entitled to final discharge and certificate upon their
own petition, unless other of denial than the
acts oeir partners should in the meantime transpre.
The GAINESVILLE partners occupy different position,
and only be discharged by the Of aori.
ty, in interest, of the non preferred creditors
[N Y. Express.
THE EXCHANGES.
"KrsrucSr B.Sx,-The banks in Louisville have voluntarily
resumed specie payen !adermng their specie
are presented. The Journal OF The 3Gtt says.