The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-09-21

Tue tfutN IL, tiat III 1871, t1eTe WA 10 pre-
tsnce set up by the representative Of Conmo
dore Barron that he was entitled to anything
more than half pay for life. This was all tia
was claimed, and this was paid. The Commo
dpre had been dead thirty-six years, aud III,
Stale of Virginia paid off and discharged to Iii
administrator the only demand which his admin
strator pretended to rende. against the Govern
nent OF that State
The next point of inquiry is, how came tn,
United States responsible for the debts Of Vir
ginla in this regard
The acts of Virginia, passed in l779 and 1880
We're intended to promote the cause OF indepeud
cnce, and they no doubt had the effect OF con
tinuing in the service many valuable officers
whose private fortunes had been greatly re
duced, and Who but for the assurances thus
held out, would have been compelled tn LOOK
for the means of subsistence in their declining
years, elsewhere than III the army and navy OF
in impoverished colony. The act OF 1890 was
passed after the close Of the war, and it was not
therefore, intended to promote the cause OF the
war; 1t is perfectly clear, that the liabilities in
Cured by Virginia under her acts of 1873 and
1870, were war debts and properly chargeable
to the account of II national revolution. 1t is
equally as clear, that her Liabilities under the
act Of 1890, ere not incurred in promoting OF
ever credtable to her generosity and magni-
nimty the act may have been, the liabilities
could, il no proper sense, be charged TO the war
debt 1t was not called for by exigencies of the
public service 1t was il fact, an act of gener-
osity--a gratuity.
| by no means say that the United States
ought not to perform acts of generosity-ol
gratuitous service. She has performed many
such, and they stand to her credit. trust she
may perform many others. But did she in this
instance undertake to relieve Virginia from the
payment of the gratuty or the bounty promised
by her in her act Of 1890? She did not
In the year l832-6fty-tw years sitter the act
Of the Virginia Legislature granting half pay for
life, forty-tive years after the death Of Commo-
dore Barron, and nine years after Virginia had
paid to his administrator the half pay for, life
due him at his decease-the Congress of the
United States passed an act the third section OF
which is in these words:
"SEcT. 3. And be IL further enacted, That the
Secretary of the Treasury be, and he is hereby
directed and required to adjust and settle those
claims for half pay of the officers of the afore-
said regiments and corps, which have not been
paid or prosecuted to judgment against the
State of Virginia, and for which said State would
be bound on the principles of the half pay eases
already decided in the Supreme Court Of APP
peals Of said State which said sums of money
herein directed to be settled and paid, shall be
paid out OF any money in the Treasury net other
wise appropriated by law
Now, sir is there one word in this act which
can be construed or tortured iato remote in
timation that the United States meant to do any
thing more than to assume the ,car debt---the
half pay-as described by Virgil ia in the acts OF
l779-'80! There was a manifest proprety in
the United States assuming this liability. 1t
was incurred in the prosecution Of Il common
cause, and it was right and proper it should be
paid from a common treasury. But utterly
deuy that this Government ever did undertake
to pay communication, or anything more than the
half pay for life to officers of the Virginia navy;
and If she did, call upon the gentleman from
Ohio and the gentleman from Virginia to point
out the act.
| rest the case on these points:
1. Virginia undertook to pay her naval officers
who served to the close of the war half pay for
life She never did agree to give them COM
mutation, or any other pay in lieu OF this half
pay.
3 If Virginia had left it optional with naval
officers, as she did with army officers, to choose
between the communication or FIVE years full pay
and the half pay for life, then Barrons admins
traitor made his election in 1923, aud took the
half pay.
3. The United States, for sufficient reasons,
never did undertake to assume Vrginia's liabili.
ties for communication, but only for the half pay
due her army and naval officers.
L. Virginia paid Barrons administrator his
half pay in 1928. The United States assumed
tie debt; and when she had returned to Virginia
the Sa,ooS 81 paid by her to Barrou's adminis-
traitor, tile transaction was closed and the bust
ness settled.
We are next to inquire when and how this
matter came to be re-opened, and how it was
again closed.
July q, lS49, twentv-sx years after the pay
ment to Barron's administrators, and sixty-two
years after the death of the commodore, JAMES
Lyons, of Virginia, a distinguished lawyer, and
leading political friend of the ex-Secretary OF
the Interior, preferred a claim against the United
States for Communication, or five years full pay,
with interest, ia lien of the half pay received by
the administrator in 1923. This claim i0as
promptly rejected by The Commissioner Of PEN
sionS.
An appeal was taken by Mr.. Lyons, and the
case was reviewed by Mr.. Secretary Ewing. lie
had doubts Yes, sir, he hid doubts, and he re-
ferred the ease to Mr. Attorney General Johnson
for his legal opinion Mr. Johnson thought the
money ought TO be paid, and then Mr.. Ewing
thought so, too but for what reason they, or
either of them came, to such a conclusion, we
are left in profound ignorance. Neither has
ever deigned to give the slightest intimation of
the wonderful process Of reasoning by which
they managed to mulct the United States for
S32 900, and to throw this large amount into
the hands of their friend, Mr.. Lyons.
have said the Commissioner Of Pensions
promptly refused to pay this money, and so he
did He continued SO to refuse until he was
peremptory ordered by Mr. Secretary Ewing to
pay it. The order was given December 81,
.lS49, and seems to have been as novel in its
character as it wa peremptory IN its tone. The
Commissioners thus speaks of it in an official
paper now before us:
al accordingly certify, under an order from tie
said Secretary, that Communication OF five years full
pay is due, and interest thereon up to this date
The amount of accumulation is 4 ,25S 81 interest
is to be calculated at six per centum per annum on
this sum from the Odd of April, 1883, to the 18th
day of December, 1923 /; add the amount Of the IN
terest up to December 18th, 1923, to the commuta-
ton, and deduct from the total of those sums the