Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-05-17
TILE. BARRON CASE.
The following is the opinion Of Mr. Lyons the At'o
for this claim which has excited some discussion we "
sh il as n mattcr of gcneral interest:

for this claim, which has excited some Giscussioh We F
lsh it as a matter of general interest:
Williams HOTEL, WAsISGroS ArGusT :, loi9.
Sir ! submitted the accompanying papers "nclina wv
cams of the representatives Of Commodore James bat"'
and Captain Richard Barron IL Communication ana in'',.
for The revolutionary services oi those officers 10 ai "
wards and as the counsel oi Commodore Barron repre-
senativcs and representing for the moment The co"iscl
the representatives. OF Captain Barron, asked Tor ne iop
rcquisiiion the several amounts After examining -!
evidence the commissioner allowed the claims there penn
no doubt Of any fact involved in the cases, The proc,
which necessary TO establish the llgh 10 fe'o'el,
mon further consideration, the same day, Inc cos
soner ol pensions reconsder,d his determination anu -
fused To- allow the claims upon the ground that Tue n"
Of Appeals of Virginia had determined in the case o M
ham Ieigs Reports, p. ol6 that naval officers Mei nv
entitled communications. See his note iiaihcu ~ ~
OF course make complaint oil The conms>!'ner ~, H.
Ii was not only his right, but his duty To
opinion which he had formed and expressed anu, in Il
o any question OF consistency, or price ~ pa ~
change his opinion and reject the clam II m IA" I'D
evidence or either of them, required hun ~ 90 ="
would NOT have the claims allowed if could II 'hey ~
not sustained both ~ the law and 'ne esiuen'u. Ill M
o,nun, claimed be not Justly and fairy Due "ouu nv
hnor nvsef and IN, gallant and distinguished ONCE
whom represent by asking the payment oi H. ut -
i ms right and duty client, To d" resec' app.
rom ,ho, decision YOU, the head 81 me at'c"
! ,,bo,n The adjustment ot such claims belongs.
In presenting the Ia yo shall mol discuss Tue ~.
enrr because, there doubt or difficulty as Ia inc acs
II vl suffice la saw that Commodore Barron was me com
~ the navy ot Virginia and served is such through
nui the whole o the revolution and ms representative
have received his s'a pay and land bounty Tor MS ser
).
same service also served until the end OF The war ana M
representatives have received the like compensation e'
The same Docs Upon these facts the question arises whe
thpr an officer of the who served nntl the emu III e
war i entitled his commutaon ri five years iui pay
and INTEREST," Does lie not stand upon an equa iooth
an officer ri the army, who performed no more service 'a
he did To me- confess il seems that 10 state the qies
lion resolve il, as can conceive oil no inoVe oF
conclusion dishonong 10 the intellect ana PATRIOTISM
the Governments both State and National a that would 0t
which convicted them unequal and unjust dscrlm
Il
branches the service and al such lime az mat al ou
revolution In this opinion cannot doubt that your supe
rior intelligence will concur with But as know you
habit ol investigating throughy every question which Is
submitted YOU and OF requiring reason a. well TACT
Tor every conclusion, beg your indulgence while present
briefly but in detail, the grounds Of my opinion.
l. By an passed on the - day oil May ny Hen
Stat at Large VOL TO- p. 25 concerning "ocers, soldiers
sailors and Marines Virginia offered halt pay Tor life 10 al
the officers physicians surgeons chapialns &C. VINO
until the end OF the war.
Doubts arose as 10 the meaning this act, whether il
embraced officers Of the State line we'll continental
officers IN very strange doub and by another act passed
an The 6th of December 100 That doubt removed by
an express provision that the compensation oi hal
paw should be given 10 officers Of the State line u was
niyen 10 the officers Of the continental line
Looking 10 The of l779 the doubt Is most remarka
bic A. that act expressly includes those ION the continental
establishments or serving the bataons raised for the I'M
mediate defence Of the State Tor The defence 0i The ntd
STATES II is hardly possible conceive OF definition 81
Stale troops more complete than this Still doubts did exist
as il appears by the preamble 10 the act at i9U ana tha
of l77o The together stand therefore one act and
tat the act Of 19 So that the act 81 1873 gave halt pay
IA nj, The officers State and continental who served until
the end of the war, OF became supernnmrraIy.
Al thc Nav session oi the Legislature IN The year l-U
series o resolutions reported by committee, one OF
which recommends the reduction Of The navy and Is IN h'
f,lnwiup words, Ia Wit Resolved, That all commissioned
officers the surgeon and surgeons mate IN the ser
vice Of the navy be- entitled 10 hall during lie under The
limitations and restrictions az are contained III The aGl con
corning officers, soldiers sailors ana marines he aci
| hrrn Ia
qgenc these resolutions act was passed al The same
session FOR purpose OF earring these resolutions into ei
fc and after providing or reduction 81 the navy ana
The enlistment sailors and marines which il declares IN he
ot great importance, and alter providing bounty :" Sv
r The sailors and that they shall hay" all the privileges and
cmoumcnts granted by the act o 10y II provides ol The
organization o the marine corps and then provides that
the captains together with hc sunalterns, and all otr
ma GcerS in fte serric. nj the Narq the
suruenn and surgeons mate shall BE- entitled IL tie same
nav ana ratjonS the privileges and cnounenS AMI
rank in the same degree with officers 81 The like rank be-
nain. regiments heretofore raised or The internal de-
fence vi the STATE ~ Hen. Stat al Large, page rs
Tim. appears Virginia first hall pay Tor lite Ia
the officers SO, of The line. State and continental second
i. IL. o,,rcd reform of her navy 10 make ell
Gent and thirdly she placed lho naval officers upon tho
.yne footing rank pay and cnonmens, with the ct
icels al the line according the ii ls9. The act at
1850 was carried into effect hy the reduction oi The navy, n
,npeats y the report the navy board of which Con"-
Ir Baron the President Doe No. and also by the
act 81 November ISL ~ Jennings Statutes NJ Large,
nauc No. J. the ith section ri whrh provides, that the
officers and scilnen Of the navy o this state they
stand arranged hy late regulation shall he entitled 10 The
lme aIrancees the officers belonging L. This State in the
nd service their respective ranks Conino-
o Barron vas only III thu officers retained by that
regulation tor service the end III the but he was the
president tho board who made the arrangement ani con
rined A. commander chief ~ the navy. Now u would
.csn Ia me that if il possible 10 have doubted before,
whether the officers o tin army and navy stood upon The
same a na in All respects according rank. such could
nr be entertained the passage Of mis- act ot ISL That
act entirely removed IL for the legislature not connina H.
iii 10 the pay declares that ne naval officers shall
he entitled 10 the adraagts TINT L. 10 oH the advan-
lagos which the Officers in the lind service we're entitled
l. not the pdy whether Tall ar halt pay IN advantage And
i not communication advantage Was u not given eA-
prr, IL upon ground that il advantageous than
hall And that the express ground upon which II
was asked by the officers If them il be- an advantage 70
which The officer ii the land service l. entitled how can II
he denied To The naval officer in The face Of this act con-
lss cannot perceive cannot understand how any adrn-
tagc any gain profit privilege pcrquisite or emolumenf
which the officer in the land service was entitled To- can be
denied officer the naval service" md Tins conclusion
i more clear and irresistible when rococct the rcsou
lions OF the navy before cited from which this act
ultimately proceeded
eusate the protection OF her navy and by The act oi
Nav l1S2 III Hen. Stat. l 50 declared ''tnat tie
navy officers sailors and marines ~ TINS State shi IN al!
s,ctS have the c'S, DC allowed 10 lie Of
ccrs and soldiers in the land service; and again. III Oc-
tnbc .Sa IL Hen Stat Large l6l II was by another
.t nroylcd that all officers, and marines (and)
their representatives. shall lie entitled the bounty
in land and other cnonons the officers and soldiers
Of the Virginia line continental establishment. SUR
Ia
ina placed her lnd and naval forces upon the foot
l,s IA lar as il IN her power 10 do She provides
ls That all officers soldiers surgeons &c, who To
the end OF the war become upcrnumerary shall receive
hall pay.
> She cyponnds this by another shortly after declaring
that the state well continental troops, entitled Ia
the benefit al it.
3D. She declared that the officers OF he navy should hay
all the adranages belonging 10 the officers in The land &C.
vice. 80,
lh She declared thai officers Of the navy should have
~
nf the land service; and.
5h She declared that the officers of the navy should have
the same bounty in land and other emoiaments the Of
cers and soldiers offe riia line continental establish
nenk
II these laws do place the army and navy upon the
same footing az Virginia could do it, what language
would have that fleet, Whatever debt them she incurred
10 her land forces or defence and patton from the
power Of yrnni she incurred the officers Of the navy
and her gallant and Whatever debt for that cause she
incurred them, The government o the L. States assumed
and bound pay That th- l. 10 the half pay
md all cmonents, except Communication. IS perfect
IL clear has been adudgcd 10 be, by ali The courts SUI
irene and others Of Virginia b. Congress- Tin the acts oi
1882 and lSi5) and the departments Washington; and halt
pay has been allowed. and paid every naval as well as
land officer who served until the end nj the or became
surcnuncrarv and tine Barrons have received hal! pay
bn il i said that although the extent Indicated il Is
not true as Communication of hall payand il il main
tanned that while every officer in The land service who served
until the end Of the war; the lowest snbatcrn Is en