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

bounly lands to the Representatives of deceased person.
lie addition oil SIKH part Tor service beyond years
- ordered by the act OF 7S2 objection has been fxsed
on these wotds-"and hath served The term OF three
years successively;" and these words-"have coaauex
or shall hsfesfte continue in service beyond The term oil
10 service"
Be it noted that this ninth section OF the act OF i7s2
xxi Henng, s4 provides for officers and for soldiers
also An officer who entered the service held commits
slon which lasted long the war; and hertfos he
continued IN service during the war, unless he de-
pved OF his commission by being cashieed or dismissed
the service by sentence Of MARTIAL unless he
resigned whereby his commission supe rseded or an
nusd soldiers on the contrary enlisted for term OF
years. and tor service OF three years entitled
100 acres and sone after being out of service re-en
listed or and during the aud thus between the end
Oh one Term OF enlistment and the OF an
oiher there might be solution OF The continuity OF
vice Ihe statute. therefore. embracing the OF off,
GERS and soldiers, makes use OF expressions. Of
which applicable 10 officers and not to privaes and
officers. = t'-
The expressions not cashiersd or superseded are
nen 10 the case OF officers, but that OF soldiers
Ihe expressions successively" and computed from the
time he last went into service are pertinent 10 the case
OF soldiers, but moi to that of officers
This ninth section must therefore be construed readen-
do sgua ssngus by applying expressions pertinent TO
ofces 10 helr claims, and expressions pertinent 10 SOL
dieIs 10 theirs, without mixing confounding them
and in this manner the true the slante will be
ascefiained and its purposes accomplished
Its legal meaning, think, y:
Any officer who hath not been cashiered or superse-
ded and who hath served the term OF three years, any
soldier who hath served the OF three years
vey, shall have absolute and unconditional title TO
hls respective appotonment of the land appropriated
aforesaid And Tor every year for which any officer
have continued, shall hereafter continue in service
beyond six years. and for every year for which any SOL
dlsr may have continued or may hereafter connue in
service beyond Blk years 10 be computed FROM time
he sodler) last went into scrvice he (he ofcer sol
der shall be entitled to sixth part addition the
quantity OF land apporoned 10 his rank respectively
In this way, il seems TO me, regard the add-
honal SIXTH due BY the act OF 752 officers. soldiers
sailors, and marines actually living al the end OF the
Them as 10 those who have fallen, died in the
vice. during the war, the act OF 1779 comes n, and di
rects that their heirs or legal representatives shall be
emitted to the same quantity OF land would have been
due 10 such ofhcer, soldier sailor respectively had he
been living" al the end of The war As to such dece-
dents, the additional quantity OF land OF onesixh for
every year over the term OF six years be adjusted by
computation from the time when such deceased entered
he service, except IN the case OF soldier, sailor
r,ne who had twice enlisted with dissolution Of SER
vice. oE break, intervening between the end OF his
service under bis hrs enlistment and the beginning OF
bis after service uader the second enlistment; and 10
such case the computation is 10 be IRON the Time he last
went into service"
The several statutes OF the legislature OF Virginia upon
The same subect-tha OF bounly land the officers
and soldiers ine revolutionary wafsre. of course to
be taken tos-her and construed act, ia orie 10
ascertain Tue legal Iniesi ot the law gver. alt is
our duty sts Chie justice Parsons 10 consider other
statutes na ~ pori naier,a, whether repeated or I'M
A.
2i) fo statutes" says Chef Justice Psker, mol
70 20 asen according 10 their very werJs Dat the pro-
visions may be extended bey ond, restrained within the
words, according 10 The and meaning OF the lees
atute apparent from the whole OF the statute from
ohs statutes enacted before aes the question:
The general sysem OF legislation may be tsker vsw
10 and the Construction OF any one statute relating the
same subject" (hoiorook Holbrook Pick, 2lS,
2>< For IL is 10 be assumed that series of statutes
siinS 10 one subject was Intended 10 be consistent and
Harmonious in It's several parts and provisions Dyar
ris on Statutes, p. oo9)
think the true meaning and manifest intention, spirit,
and policy Of TIE Commonwealth OF Virginia. in The
whole ys,etn oi laws on The subject, make
distinction IN the pay and emoumeb,s of her troops n
Tue revolutionary war, whether continental or State
service and especially as to land bounty, to place the
representatives. OF iose who fell in battle, ded in
vice during the wa, upon equality with those officers
soldiers, sailors and marines, respectively who survived
the war.
The reasonabeness and justice of 40 providing for the
families OF those who slain in battle, or other wise
died IN service, assuredy ess than OF giving
bouoty IN land TO those who survived enjoy sl the
blessings oil peace and the Incidental advantages result
ing IRON the glorious termination oil the aud the
adjustment OF the Independence OF the United States.
Some statutes, are told in the law books, be
construed literally; and certainly deserve
such construction than such allow 10 the families oil
those who gave up their lives to the defence OF their
country the same bounty as TO their companions-in
arms, who. fortunate than they outlved the perls
and exposures OF the
am no, aware that this question has been judcially
settled by the tribunals OF the State of Virginia II has,
OF course, been determined by the executive authorities
OF Virginia, because they have issued The warrants in
question. Their action IL entitled TO onsderaon; but
whether il constitutes legal doctrine not and is
no, obligatory on the United States, point which
seems unnecessary for discuss having arrived
a, conclusion satisfactory my mind upon gem
tra principles OF reasoning and of statutory consfac
ton.
am oil opinion, a, any rate, that by the statutes OF Vr
the legal representatives the heirs or the devsees
OF any one OF her officers or prvaes, who fell died in
service during the revolutionary war, entitled The
same quantity OF bounty land would have been due to
him hal he been living and served the end OF the war
with the qualifications herein before stated that the au
hortes OF the State Of Virginia acted rghuy in grant
ing proper warrants these preme and that such oi
said warrants remain unsatsed, assuming them 10 be
lawful IN other respects. are entitled 10 be ex-
changed for land scrip of the United States.
an. very respectfully, your obedient servant,
. e. CUSHING.
Hon. r McCLrLLAsD,
Secretary OF the Interior