The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-17

we've oa OF service and did The end OF the
waf All such as applied ca 10 belieyed) aeknowl-
edsra 20 DC entitled and received their certcaies Ger
tAia y 70 thai such refusal would have been
fzntes and IA violation of the public faith and Of he
gene" principles applicable TO contracts, as before
planned.
Menoyer, The Congress OF lhs United States, by the
set of ON Jaly. 1882. Qv Stats Large by Little *
bro~n,p oo+. ch l73, sec. 81 in assuming pay the
haii-@y claims OF the ocsrs of the regiments aud corps
hef-h mentioned against the Stale OF Virginia expressly
xdopiea The principles then s'aready decided in The
psns court OF appeals OF said State, which decisions
Were ne Cases OF MARKHAM. officer in captivity. and
o. LIy; supernumeTary officer, decided in the year
1851 Leigh, 3o aud 526, heretofore cited The super
nnmsafy service. whether the claim be for half pay
Tor isra pfesen;s the same identical question OF law
NJ Oh opnion, therefore, that the persons called
tue phfase OF Virginia supernumeTary officers, in the
resolves OF the Continental Congress deIanged officers
were hot Out oi be SERVICE although without command;
and "a counting the period OF with reference ad
duonxt BOUNTY land, to be treated in service not
VIII 1ssnx their government failed 10 provide iroopa
tpr n Ven - command that .e supernameray oicsrs Of
OF Virginia entitled 10 the full quantity of land promised
by her to officers who served to The end OF the that
all warrants issued by that Commonwealth, accordingly,
have been s-ue4 n pursuance OF the laws of said Com
mon wealth !; and that all such warrants provided they
are IN The other particulars requisite, conomable TO The
exgenees OF The &C, OF Congress, entitled to be
changed io the proper equivalent in land scrip OF the
United States
propose TO defer TO another communication the con.
the land warrants OF The State o Virginia
C CUSHING.
Hon r. McCLEILASD, Secretary OF the Interior
ArroRHxY GENERALS OTyrcE,
January 9, 1854.
Sa: Referring 10 my communication Of the 7th inst
land warrants Of the State Of Virginia for in The
war OF the revolution. grantabl. by the United States
under an act OF August 3isl 1852, il remains for
M, ho. xf fbo ~
presents the question Of ''deah, dead service"
il has been called.
This question grows out Of the tenor OF Inc act of vr.
gina OF May session, i7s2. which provides
THAT any officer soldier Who hath been cash.
tered or superseded, and who hath served the OF
three years successvey, shall have sbsoiu,e and
conditional title 10 his respective appoftonment OF the
land appropriated aforesaid and for every year which
every ocer soldier may have continued, shall here
after continue IL service beyond the term OF years
10 be computed from the time be last went into service,
he shall be entitled 10 one-sxln part in addition the
qaanty OF land appor,ioned to his rank respectively"
(xi Hening, 81
Upon this ACT the doubt is, whether the legal repre-
sentalives OF officers, soldiers. sailors who slain
IN battle or died IN the service, during the war OF the
Revolution are en'itledso this last additional bounty in
land for service over six years.
That The legal representatives OF officers who fell in
battle, otherwise died the service during The
are entitled TO The original bounty land fixed by the
act OF October session, l77o and TO the first addition
thereto fixed hy the of October session. 1850 at
third more, TOO plan for doubt, 90 the OF the
officer, soile or sailor shalt have fallen died in the
service. DIS heirs or legal representatives shall he entitled
10 and receive The same quantity oi land would have
been dse 10 such officer. soldier sailor respectively
had he been hsng"tx Henng lol and the 3lh section
OF iss Fet, which says; " fne legal representatives, OF
any oeer on continental or State establishments, who
may Nave died IN the before the bUu6iy OF lands
granted by ,hal any former laws shall be entitled
demand and receive the&sme ike manner nf Ger
hnsei might have oone when living, agreeable to bis
rank."--(x Henng, 375.)
The question TO The last additional boun n,y enacted
at The May session OF l7e2 aro-e apparent from the
Legislature not repeating IN thai what beiort
enacted and in orcenamey the placing Of the legal rep
resenatves oil officers. soldiers. saots aud marines
who fell in battle died in service during ths war, upon
an equal foong as TO land bounty with tnose who
living st the end OF the
There is occasion discuss here the relations OF
obligation BY contract, upon condition possible At the
time I is contracted, performed in part and then pre-
vented interrupted by The act Of the public
of God That 10 unnecessary here beoausa OF the
pcii provisions OF the acts oil l779 and 1880 which
pfessy enact perfect equality Of right TO the land
bounty, between The living and the representatives OF
the dead The adeath service enters lis into
the r,ier and spirit OF these two statutes and the mani
fest intention oi the Legislature is therein expressed
The earliest indication oil such purpose the part
OF the legislature is to be found in previous OF The
May session, 177a, in which, the of OBJ
tanning The land bounty promised by the Commonwealth,
certificates we're required to the living "ihat he hath
served the Time required by law" and the dead that
be shath been slain died in service * Henng, p
ISL That is say, the ac, that where bounty
land has been promised the decease Of the officer SOL
die IN service does not STOP the running of the time,
which is constitute OF the elements OF the right 10
The bounty land.
Indeed the two acis OF The May session f779, ch vi
promising bounty land Tor service the end OF the war;
and CHI xiii, last above cited which implicitly recognised
the "deaih service" Hening. 20 and 3o took effect.
as the law then was from the first day OF the session.
a0d The several provisions under review simu-
taneous 10 operative commencement.
This intention OF cQnaIy of land bounty between the
living and the representatives OF those KILLED dying n
service in far regards the OF the October ses
sion, 1872 and the October session. $780, s we have al
ready seen, manifested in language adequate express
and effect that intention throughout, and 10 comprehend
all additions
II say TO comprehend all additions
Let the language OF the act OF the October sesson
1879 be reconsdered and analyzed.
After fixing the respective quantities and proportions
which the officers, soldiers and sailors shall have for
services TO the end oil the war, the ac, proceeds:
"And when any officer, soldier, or sailor shall have
fallen or died IN service his heirs legal
shall be entitled TO receive the same quantity OF land "A
would have been due TO such officer soldier or sailor re-
spec'vey, had he been living
This enactment from beginning to end, speaks OF what
shall be done at the close OF The war
The expressions "would have been due" and chad
he been living" have reference to future period The
laies 70 events which s subsequent day shall be found
10 have happened. The words "shsll have fallen or
died m service OF the conditional future which rep
rescn's future action incident winch will he fully
accomplished at or bfore the snc aied date of another
future action or incident Individually they aude 10 the
war shall thea be found TO have happened during the
war.
The statute says: "As would have been due TO
such othcer, soldier sailor, had he been living which
musl mean bad he been living Al The end OF the Ii
have no other rational meaning
ms Ufn a.. .x t...A - =.