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


upon State sstahlishsn the end Of hs present war,
and the nor-commssionsd ofcsrs sodiers. and sailors
upon either OF said ssabisnme their heirs lega
Representatives. shall respectively be entitled 70 and re-
ceiye The proportions and quantities OF lands following
Every colonel 5000 acres
Every ieuleaant colonel $500
Every major I- 1000
EvsTy captain 1900
Every commissioned otcer who. having enlisted
for the shall have served 10 the end thereof 400
acres; and every soldier and sailor under like ciTeum-
. Every non commissioAed officer who having enlisted
for the OF three years, shall have served Out the
same or to the end OF the lrcsent war, 400 acres
" Every soldier and sailor under like circumstances,
90 acres.
Every officer of the navy the quantity OF land
officer OF equal rank in The army And where any
otcs soldier. sailor shall have fallen died in
vice. hs heirs aud legal sha be entitled
receive the quantity OF land would have been
due 70 such officer soldier or sailor respectively had ne
been living"
chap ~, A. after liking the land bounty OF MAJOR
general at $4,000 acres, and of bsadier general at
1000 acres eDacls that thrre shall be- moreover al
lowed 10 all the officers OF this State on continental and
State establishment. TO the legal representatives OF
such officers, according 10 their respective ranks, ad
dliona bounty in lands in the proportion OF one,hd OF
any iorner bounty heretofore granted them"
Section That the legal representative OF any officer
on continental or State establishment who may have
died in the service before The bcunly Of lands granted by
this any former law, shall be entitled to demand aud
receive the same in like manner as the officer himself
might have done when living, agreeable 10 his rank
The aci of May session, l7s2, Xxi Hen. State. p s4
ch. Al, sec o. enacs: THAT any officer or soldier who
hath been cashiered sni'cv-vdcJ and who hath
served the of ihee years successfully, shall have
absolute and unconditional title 10 bis respective ap
portionment of The land appropriated aforesaid And
for every year for which any officer soldier may have
continued, shall hereafter continue service beyond
the term Of six years, 10 be compusf om The time he
last went into service, be shall be eh,ied 10 sixth
part in addition 10 the quantity Of land apporiiOned to
his rank respectively"
ors. and marines Of this Stale" upon equality in all
respects with the officers and soldiers in the land service
in all matters within the purview OF the act.
The SPECIFIC question 10 supernumeray or consruc
tive service grows Of the language OF the Of May
session l770 connexion with the statute OF October
session, i7so and May session, 1854, allowing additional
quantities OF land
The act of l77s upon it's face, takes the distinction
between officers command therefore receiving full ray,
and officers not in command but supernumerary, because
The reduction OF the baaons and therefore receiving
only half pay until again called isto command
Officers became "supernumeray" because the ranks OF
the soldiers had been ihnned in battle, BY
the expiration OF the terms for which they had enlisted
by other causes; that there abundance
OF officers and scarcity OF soldiers, whereupon the bat
aions reduced, the officers deIanged, and the reg
The question as to suPernumsraiy or constructive
vice, il is called, whether relating to haf-pay or TO
land bounty, stands upon the condition pre-
scfbea. by The woros service until The end OF The
war" as.~5t-
Did the superpumerary officers serve. according 10 the
true and lawful meaning OF the act, until Tie end OF the
war!
The Cour, OF Appeals OF the State of Virginia have an.
swered this question IN the aft native,
Tue case oi the Commonwealth rs Liiy's admlnis,ra-
tors, Leigh 326.) came up TO the Court OF Appeals
from the decision OF The circuit col OF Henrco in favor
oi the right Of thu. .supennmerary ocer Lilly, by
peal on the part OF the Common wealth The case
esborsey argued oy counsel for both parties The Judges
gave their OPINIONS ep1ranm ct srutAn, and affirmed
the aecison ia favor OF the saernamsary othcers ghi
as having "served until the end oi the war"
he Optn O Carr a IN e. q
the statute, short extract from which will show the
foundation OF the armance OF the decision OF the circu
ordered by Jddge Carr and his associates OF the
appellate court
.'Wha, is a supenumerary He s just much an
officer any other bui his battalion corps bias be,
reduced disbanded arranged in some way 10
expense OF fuIl pay and subsistence discharges him
from actual service. This is reproach the officer,
and does not in the slightest degree affect his standing
lie supernumerary to-day because IT suited the pur-
poses, compelled by the necessities of the State
tomorrow she calls him 10 The camp and he Off
Ger in actual service and command"
This leading settled the doctrine virginia, by
her highest judicial authority, that officer who became
supernumerary, but who did not fesign, and
cashefed dismissed The service BY the sentence OF
court-mHral, IN service until the end OF the war;
according TO the true meaning OF the act OF Virginia OF
1873.
A supposton exists to the effect that the decision 10
Lly's had been overruled in subsequent caselha
Of 1atum's executors rs. the Commonwealth, tx Leigh,
So. That is an error.
n
became supernumefary before the OF 1879 Congress
made provision for continental officers BY bali pay for
lIfe ahd the ccmmuiaon OF that into full pay tor i've
years with interest But The engagement 0! Virginia
10 bali pay was, provided Cong do not make
tan,amouni provision Taium therefore, continental
officer, had, in the view of The court claim for half
pay upon Virginia
As 10 bounty land, however, the case is different To
ihat both continental and State lines entitled by
the laws OF Virginia The provision for that was not
coupled with the condition, AS in the promise OF hall
pay, "proyidea Congress do not make anlamount
make any tan,amount provision as TO land bounty Tor
continental otosrs Tor The Congress OF the revolution
had lands wherewith to satisfy such bounes Vir
glna promised 10 her officers.
That such is the meaning OF the decision in Taum's
case If not clear on The analysis OF the ITSELF would
become 30 on consideration of the fact that the
couft at The term, restrmed the decision IN Bys
case. the OF Marsons administrators the Com
monwsab Leigh. %. II ia not conceivable that the
Court Of Appeals in November should in Mar~tons case,
cay that the decision IN LIy's "bas been subse
quently acquiesced in, and must be considered
seed;" AID then. in the The calendar bat
ope--,bat OF Taium--ovefrule the same decision.
The cases OF Tatum and OF MasIon made consist
ent with one another and with Lhy's case By the
alterations previously suggested. that Tatun
tnenal officer, who became sulernnmerary In l77s, and
whose claim of half pay being provided for by Congress
had in the opinion OF the couf ceased TO attach 10 The
State OF Virginia.
These conclusions are confirmed by the Inspection OF
the cases of the Common wealth Peyon's admins
traitors Gratan, 2s3 and Slaugh,efs administrators rs
the Commonweai II Graan. 3sl; IN which last case
Ssnsrd j. expressly says that be thinks Ly's case was
Hcorrecily d.cdsd"
4 coscur in this opinion. The supernumsrsry officers
were not out Of commission not discharged Tnes beld
their relative ranks in the army they entitled TO pro
I'm csse OF vacancies, by death or o'hsf~',e,
aE t.~..1 1.x