Page:United States Reports, Volume 2.djvu/214

 { 208 Cases ruled and adjudged in the 1793. might have been purchafed at the romirmuement gf t/ve war, in- ‘ » yy`; tending thereby a further gratilication; which at lirll view may , appear paradoxical. Afterwards, by an acl of Alfembly, a ` complete fuit of uniform (the particulars of which are fpecilied in the 8th feélion) was allowed to be given annually to each ollicer gratis, during the war. Let it be all`umed, for illullration, that a complete l`uit of uniform, at the original coll on the gth of Dzcemérr, 1778, would amount to {240, Continental mo- · ney; the oflicer for this was to pay a fourth part, or {Ge. The depreciation of the Continental money having been lince lixed by law to have been on that da lix for one, the fpecie price to be paid by the oflicer wouldlzeé ro. On the tgth of March, 1779, the fame fpecie price at e commencement of _ the war being allowed, for acomplete fuit of uniform, to wit, L` 40, the oliicer was to pay that fum in Continental money, which, according to the fame fcalc lixed by law, would amount only to £ 3 6 8, the depreciation then being twelve for one. As to this point, therefore, ‘I think, if the plaintilf is to be de- bited at all, it can be only for this lall fum, or in that propor- tion. With refpeé]: to thefecond quellion, it appears to me to be in- volved in obfcurity and doubt; but in fuch a cafe I lhall con- ceive it lcfs injurious to err (if I do err) in favour of the indi- vidual than of the Commonwealth; becaufe the error againll the individual may be very dillrelling; whereas if againlt the Com- monwealth, it will hardly be felt; and I know I mult contribute my proportion of the money awarded. It feems to be unneceiiiary to cite the feveral refolves of Cen-` grgji, allowing half pay to the ollicers of the army of the United Stain, or of the All`embly of Peiirwlvnnia on the fame fubjcc'}, refpeéling the troops of the State, as the principal ground on which our prefcnt dccilion mull: {land is the a& of Allembly, in-. titled, •‘ An a& for the more elfcftual fupply and honorable re- “ ward of the 1’mn/jlvanin troops, in the fervice of the United “ $tat••:ofA:nerica," palfed the ill: of Mar¢·b, t780. In the 1 gth feélion it isenacted; “ That the olliccrs, 8cc. of the navy of this “ llate, who were in fervice on the I gth Ma1·cl·, 1 779, and lhall “ continue therein till the end of the prefent war, or rill lmrwm- •¢ biy di’i·/mrged, lhall be entitled to the allowances and benelits •¤ herein before granted to the military oHicers, &c. refpeéiive- ¤¢ ly, of the Pemwlnnniu troops, as to half pay and clothing, “ and to the like fupply and dillribution of the articles above •* enumerated, fubjeél to the lame limitations and conditions; “ the half pay of the ollicers of the nmvy to commence at the •¤ expiration of the prelent war, or xbm- d%·bn1gr." And the . refolve of the Allembly, of the 25th ol`1lLn·vb, 1784, is in thcle » W¤Ids, “ Refolved, that as one of the deligns in granting half ` " PW

�