Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1860-01-27
Senator Smart.

Senate of Virginia, on the 18th inst. !, on tn
Bill providing means to defray the expens
incurred by the Executive for the defenc,
of the State. We have always desired Il
treat Mr Stuart with the courtesy due tt
an honorable political opponent, and it was
ouly under the pressure of what we consid
cred solemn duty as public journalist
that We indited the severe criticism on hi!
remarks, as reported, in the Senate. We
therefore publish his letter willingly anc
entire, that any wrong which our commen
on what he terms ga very imperfect report
of some remarks which he submitted in the
Senate" may have done him, may be re.
paired by his own full explanation
We cannot. however, appreciate the "as.
constituent" of Mr. Stuart, at our criticism
of those remarks, as they appeared We
still think it Just one in fact, after care
ful re- perusal of his remarks. as reported,
We can see no other deduction to be drawn
from a fair construction ofhi language than
that set forth in the editorial of our last is
sue. Although Mr.. Stuart's explanation
divests his remarks Of the obnoxious fea-
lures to which we took exceptions, still it
does not remove our objections to his resist
ance of the House bill, and advocacy of the
Senate's amendment, the effect Of which
would have been, if adopted to produce great
and unnecessary delay in the payment of the
just dues of volunteers, if not most OF
whom, were very poor men, who as Mr..
August stated. (and no doubt with know
ledge of the fact. had, in some instances,
been compelled already, to shave off their
claims at ruinous sacrifices.
We cannot conceive how the spirit oil
the Constitution would be violated by the
appointment of Commission to audit and
to pay the expenses incurred in the military
operations connected with the Harper's Fer
ry affair. Our law is sufficiently definite
in fixing the compensation for military SER
'ice, and Que would suppose that such a
Commission as the bill proposed was inf
nitely better qualified than legislative body
to decide justly on every individual case,
both Of privates and officers. Mr.. Stuart s
plan. then, of having a Commission to au-
dit the claims, and report to the Legisla-
ture before an appropriation would be made
for their payment would not only have e.
ventilated in the delay of at least two years,
(for the report could not have been made to
the present session of the legislature but
would have violated the Constitution, by
converting the Legislature into a judicial
forum, and subjectiug the claims of the pa
triot soldier to the whims and caprice of po-
litical jugglery The bill, as it finally pass
ed, by the strenuous exerton of Mr.. Stu
art, while it properly provides for the pay
ment, by the order of the Commissioners, of
the rank and file and the inferior off GERS, is,
in our opinion, highly and Constitutionally
Objectionable in its proviso that no account
claimed by or due to any general field, Or
staff officer, or any Railroad Company, shall
be paid by the Commissioners, but when
audited, shall be reported to the General
Assembly. How dare the General Assem-
bly, usurp the Judicial power ofthe Govern
ment, and sit in Judgment on the lawful
claims of cur citizens ? Do they fatter
themselves that the fewness of their victims
will secure them impunity-that when the
honest and patriotic soldiers are paid their
dues, they will stand calmly by.and see their
leaders stripped of their rights by factious u
surpers? They will find that they have great
ly mistaken the Citizen Soldiery of Va, and
that the cause of their officers, though few in
number, will be espoused as zealously as their
own Mr.. Stuart talks prettily about the
representatives Of the people being the ap-
propriate guardians of the public treasure,
as if the question was not of paying debts
lawfully due for service rendered, but Of
granting boon-not of adjudicating a le-
gal claim, but Of making gratuity. We
deny that the constitution of forum by
which just claims are TO be adjudicated, is a
"delegaton Of the appropriate functions Of
the Legislature" On the contrary, in con.
shutting themselves such a forum. they vi
olate the Constitution, But Mr. Stuar,
says cit was represented to be the purpose
Of some Of the officers to charge not only
their regular pay, but to claim constructiu.
Allowances for horses which they did moi
have, and for servants who were not in ser.
vice" He concluded THAT such charge:
were unjust, and hence wished to retain the
supervisory power" &c. Now the frs
question arising, is-if he had reason t.
fear unjust demands from the officers, VIII,
include the poor soldiers IN the unreasona
bic delay? Why punish them for the sin,
Of the officers? But the next question is
why make the apprehension of injustice OF
the part Of the officers pretext for usurpa
t;on II thew iptendad IA ,noka aush elo;.a