I
.r.:.e.';.
ii;
J.
tr
mAVSON & COL GAPSDEN,
.. wiiM ipBii. 25, 1822, . : .
tTiffams, of Tennessee, from th'e Com-
on Mirittoy Affairs,: to U;hom wre.
Se trmr nominations, and ' the two
Se of the President on that subject,
rtrfwSJIcrefullv exammed the re-
. t Anri 1
P".: t thft reduction of 1821.
piTf the examination is, that the three acts,
5 vmpres are subsrantiallr the same, ; but
IS&ndcr them ha, been widely fif,
fiit In l803,'.Mr. Jefferson execwted.the
SfSicfly. - In Wl VMi: Madison departed
the law, bv reigning' ofFceTs in a rade
Kherlnkheyforlerrjheldinthekr,
J5r" : and, in 1821, not only was the-prece-Snt
of 1815 pursued, but principle were
Wrodnced unknown to our military code.
' SS.tnmof the laW of 2d March: 1821,
ie re disregarded in many particulars. The j
coroniittee nave c wuuim. v -
tonsfet of Colonel Lindsay from the infantry
wfrsaEre. wmcn is micnucii iw juu v mc
.niw. subseouent to tne nrsi oi
10 lilt . . . , rr
Jane 1821, and have formed an opinion dif:
ferent from that entertained by the Presi
dent The transfer is attempted to be sup
ported on the exception allered to: exist m
Se 75th article of the rules and recusations
established for the government of the army,
which artielels in thrJbllowinff words : " The
trinsfct of officers will only be made by the
w--nnartTTMnt. in orders, on the routtial
XJt r .
to the prejudice of the rank of any officer
hnnf When otticers sre Transrerrcn ai
Ijcirpwn request, the order for change of
. jatkm win specitv tne tact." - n reitmng
to the 63d article," which is in the following
vcrds : " The functions of the engineers be
irg" confined to the most elevated branch of
militarv science, . they are not to; assume, nor
are they subject to be ordered on any duty
beyond. the .line of their immediate profes
aon, except by thespeeal order of the Pre
sident of me UnitedStates ;' but they, are to
receive every mark cf respect to which their I
rank in the army niav entitle them, respec
tirelv, and are liable to be transferred, at the
- discretion of the President, from one chrpi to
incther, regard being paid to uink.'! It will
4 be seen that this article relates exclusively to
the ensinetr cort. and consequently there is J
no legal authority for the transfer of Colonel ;
Lindsay, from the infantry to the artillery, j
The 75th articlt, referred : to by the Presi-j
dent, determines the principle, and in fact j
the rule, by which transfers can be lawfully i
made. The article provides, " that the trans- J
ferof officers will only be made by the "War!
Department, in orders, on toe application pt
the partes, except m ixtraorcunartf cases, ssee
63d article of war," kc. It is not pretended,
in this case, that the parties, applied for. a
transfer. But on the contrary, the transfer
pre great displeasure, because it took away
the rank and the right of promotion from all
the officers under Colonel Lindsay, in .the'
corps of, artillery, and, gave to the infantry,
officers a fictitious rant to which they were
. trot -entitled. , - - ' :-
, Independently of this view of the subject,
vhich the committee . consider conclusive,
there is another ground which places "'tMs
question-beyond the possibility of doub
During the last session of Congress, the book1
cf regulations was printed, and each fhember
wnusneawitn a-copy. By comparing tne
75th article, in this book witb.the same article
Sn the book lately printed for tlie use of the
army, it will be found that the exception re
lied upon by the President, is an interpola
ting and is not in !the original submitted to
Congress when that body was c I : : 1 otr last
session to enact these, regulations iritovlaw.
The President, howeveT, subnuty the Se
nate for confirmationbnlyvtlie names of the
ficers on the list accompanying J.h& mes
tage, i On examining this Jist, the name? of
Colonel Lindsay is not:to be found.; It is,
therefore, in the opinion; of.the committer not
competent for.4he Senate at this time, to
control this illegal transfer. . . : : '
The commitjee, on examining the hew re
gister f the army, find many irregularities,
and beg leave to refer to one in the Inspec
tor's De triment. The 6th section of the
act, passed the second of Jdarch, 1821, to re
wjee and fix the military peaccestablishment,
provides that there shall be- two insnectors
general, -with the rank, pay, and emoluments,
cf colonels of cavalry. The terms of the act
w reution to these two officers are precisely
..tne Same: but a Constnirtinn has Kpmi o-ivon
to the act very different asTegards these twa
. officers, f One -of them,- colonel Wool, is in
; 7:tfi l:ne ran. c This arrantrtment is
4. . . ' "Ifc UUIV.J , Al
V lcute(1 to produce great serisibihty among
, .ne officers of the army, arid to embarrass the
rerac(vmPanymffhe message of
we.irth of January, Colonel Towson is nd-
UUDatprf 4nl. cs . - f rf .
c j c pcimic in uac xouowing words;
. aecpnd regiment of artillery Kathan'Tov'
StlW t0.t colonel
. " , rcsnea Derore ne was an-
. Point fri v 11 ' - . , . . rr
. In ,x -f- "icr general. is us1
in Uit amnv arwl t,-i '.
both
v' ?rmy and naval .nomination v
sle f!rmer ftnk'of the officers, to en
-enat to determine-wh-tt,
state
enahw K-
1 -'SSI Wf d ccoidJnjr to the prin
C fC101 If. thii. description of
xX 1 ?' former rank in the army
T' evident that
tic nS!?0n !i "SfSt' because it is to
w Pdice of ail .the officers; under the
' ons ofthe army 1802J nd 185
v-Surpose of discovering if there were
ewhich. wonld justify the course
"tE? eduction of 1821.-The re-
anoliwlion of the parties, exrrft m extraordi- rubeinvmerary f fficers, non-commissioned ;of-j j that
I m.,M See 63d article cF Vvi or ficcrs, artificers, - musicians, and privates, I to j two
' .v-n Kp- transferred into a rcffiment ! i be discharge d fnm the serv ice of the United i Tin
- , ' . - -
f '.v ' J
CTatte. of a colonel, wo ranted this eentle-
i -jt .i ....
man wnusi ne was an umccr in tne artillery.
The President in his message does not rest
the.claims of Colonel Towsori to the com
mand of a regiment on the gT6und taken; in
the list of. nominations, but -further insists,
that the pay ilepartmem. berns' a partof the
military establishment,, withiathe meaning; of J
the act of 2d March, lol, h constituted one f
the corps oj tn6.army; na it was competent
for him, under the provisions of said act,jto
appoint Col. Towson to the command of one
of the regiments of 'artillery.; .Colonel Tow
son havinjr resierned the captaincy which he
formerly held in the army, and accepted the
office of paymasteT general. . .
- The message r does not furnish the rule
whereby he was .translated from the pay de
partment to the command of a .regiment, in
preference to his old rank of captain, or to a
majority, or to the rank of Jieutenant colonel. '
rrV - .'-.il I .ft- 1 J 1 I
i nf nicssagc nui unving mrinsiieu a ruie jOn j
this subject, the. committee were compelled j
to look into the law and former usage ; and
they come to' the conclusion that te pay-1
master general could not legally be transfer-1
red from thai. situation to the command of a!
company, battalion, or regiment, and that he
did not "constitute, one of the torp of the ur
my . tnat ne was a, salary omcer under bond
and security;- and the duties required of him
were those of the nuill. and not of the sword.
The 12th section of the act of 2d March, 1821,
is in the following words : " Sec. 12. Aridbe
it fiuiher enacted, That the President of the
United States cause to be arranged the5 offi
cers, noncommissioned officers,"artficerst mu
sicians, and privates, of the several corps now
in.the service, of the U. States, .In such man
ner as to form and complete out of the same
ihp ftir aiitlvnriRf : hv thi act. anT rtrtKt th
States." The : question nilses. on the con-
. struction ot' ths section whether the p4iy tfe-
paaiment constituted one of the corps of the ar
i iV out of which the President was rcouired i
j to arrange and complete the force retained
tive of this proposition, and rely upon the
aw of the land and miiitary usage, to sustain
thcSn' in this position. - r' . , I
It is provided in the 6th section of the act
of the 24th April, 1816, that all paymasters,
commissaries, and store-keepers shall be sub
ject to the. rules and articles of. war, in the
same manners commissioned, officers . Prpvi
detl, also, that all officers of the pay and com
missary departments be submitted .jto tlie Se
i.ate for their confirmation, in the same man
ner as the officers of the army. 1 I
Here are but two points wherein the thfee,;
classes of officers, above enumerated, are1 li-
kened unto officers of the ann&T But these '
apparent assimilations are not confined alone
to these public jagents. Officers of'marniesii
for confirmation. To be claSsedt therefore
with, the officers of jhe army, so as;to pnie
within the obvious meaning of the' above Re
cited 12th section of the act of 2d Marehi
1821, the pay master general should be cloth
ed,' by, law. with other and more important
military properties than the two above men
tioned. Hut the President, in hfs message,
insists." that the pay department is a part of
the military establishment;; This is admitted,
Military establishment isi a comprehensive
term, and includes every one subject to mar
tial law. J-Uv recurring, however, to the 12th
section;of tlie act before cited, the words
milUitaiy establishment are not to ibe
found. .The-, terms used are, "the several
corps now in service," put of which the Pre
trident was to . arrangeK the force retained
by 'the act. " Admitting the paymaster gene
ral to be! a. staff .officer, his duties "are of i
civil 'character, rand mav be classed with the
commissary of purchases, tlie surgeon gene
ral, chaplains, storekeepers, wagon masters,
sutlers. Sue. . These officers have neither rank
nor command in the army. The v have i no
prescribed uniform ; hbr iqo they wear either
swords or epaulettesTheh duties are peace
ful. .They are non-combatants. ; In civilized
warfare, if taken- prisoners, they would be
liberated" like; other dtiiens i and the laws
and usages of "service distinctly mark jtheir
civd charactex. Army corps signifies a body
or. rorces ? not civu, oui wariiKe iorces ; sucn
as have? prescribed uniforms and epaulettes,
wear swords, or carry arms, such as muskets
and bayonets, with which they me et and com
batde enemy in the field. Major generals,
brigadier ' generals, adjutant and inspector
generals, - ana tne : liKev properly speaking,
constitute the staff pf the hny-;-tjThey have
command and ' assimiluiedraJc''fin the army.
They are nien at arms, and weaJ' prescribed
umfcrms, Words, and epaulettes, and the laws
and ' usages of i service distinctly marktheir
warlike and mihtary character. ' The 'argu
ment in the message, that the President had
tlie wholeTange uf the mm'tanrestablishnient
out of which he could, at pleasure; select the
commanders of regiments, if it . prove' an'y
thing, protes too much; , It has already beep
shewp that this is a comprehensive .term-and
iti includes ribt oaly. paymasters,' surgeons,,
cliaplams, 'storekeepers.sutlers.'&c: but. also.
all retainers of the army who kre subject ' toi
maruai law. vAccoramgiotue usages of ser
yice,Hhe Preaideht could, with the same mi
litary propriety, arrange, anv one of theae ci-
viTchracters to the command of. regiments,'
as ne-couia uansier voione -Towson :trom
the pay 'to the mUrtary department.-,
, ' In the sixth rparagraph of the -third article
of the army regulations it is provided, t that
" NQofficer.l'oC the staff, ?not , having--liheal
rapky or. rajnk assimilated thereto shall com
manct anv'officer whateverhaving such Tank,
but,pn the other hand,;' the former shall he
suburdinate to thfe latter, under the following
restrictions ; 1st,-the cornxhjssary, general' of
4
1w hen on shore, are subiect to the rules and : rain recurs, whether these four offices were ; I been!
reticles of war;', and . iudire s rclm mmis- 1-! to be filJe'J bv oficers then i Hi Xervice. or' by i i government, in
j ters, and most other officers under the fede- j citizens, br by non-cornbannt staff officers. 1 1 Congress have
I ml wivernment. nr nhmrttVl fA,VK Miat U-TK PjTnt insicta flint h hifl thr r'trht i 1 alrboihtmenis
ter general, & the appthecary'general, to gen
eral officers only,' &c.: Here a cleardistinc
tion is taken between officers of the army
having rank, and stafTpfficers having no rank i
the latter, to wit, purchasing, tomroissanes,
the surgeon, papnasier,' and apothecary ge
nerals, are prohibited from commanding e ven
a second lieutenants 4 ..." ' . ;
. The tTOSition taken by the Committee," in
behalf of the army, is applicable . to the navy
also. -The duties of a purser in the navy are
analogous to the duties of a paymaster in the
army. . Th6 ' principle. r which would justify
the appointment of a paymaster tQ tpmmand
a reBimeni, woum auuiunzc nc appuimmeni
of a purser to v Cpmmand one of our ships of
the line, to the exclusion of the long list of
gallant officers wno have, by their valor,' ac
quired so much renown for the cotmtry.
In the 8th sec. of tlie 1st 'art. of the. -consti
tution of the Umted States, it .is provided,
that Congress shall have ppwer to make
ite )
of
the land and naval forces." In virtue of this B
Eower, Congress hve directed, both in tliefi shall Je allowed and paid ,to each coromissi
ind naval service, that promotion shall be"' oned officer, discharged from the servicejbf
accowine to seniority. a ms': principle Has
hpwtnfnr hWn held sacred' , -'The arm v and
navy were created for national purposes. j
! which is coe with their, existence, they
rnr QfinMrno1 m inp nnnnnie nirnnimnr nn.:
" o - y--r-.-j -r- r;-- v.
will mtairi thfir natinnii rnfirarTfr. I n in- i -i
S dividuals who compose these arms of nation-i
! .a defence, have, rights secured by law, and
wnen xnese ngnis axe vioiaiea, lusxiieirpn-'j (
vileere to appeal to the tribunals of the coun-f
try for redress, (as many officers have done.N
j on this -occasion to the Senate) as a' part of ;
j the Executive council of the nation. I A de- i
parture from this principle would have the
most fatal effect. It would verify the adage,
one campaign to Washington jwas worth
upon the lines. A system of. yoritism
promotion would supply the; place of law
I and regulation. . "-'The armv arid navvinstead
of retaining their national character, would
become the creatures of the Executive. Men
of honor, whose ri p-hts had ' been violated.
I would be driven frojn the serrJce,' ' and those :
any indignity. An army and navy composed j
i of such; materials, in times less virtudus than
; the present, would be dangerous mstriments
i in the hands of those, who would have the ;
j power !tp wield them. The committee be-
lieve that both law and policy unite in re--
: sisting every attempt to introduce sucii doc
trines in' our scn ice.
The great object of the ; act of the 2d of
March, 1821, was. f.o reduce and not to increase
the military force of the country, But with
tlie view of : improving: the organization of
the artillery, the battalions were converted, !
into regiments, and'feur colonelcies were I
. create Ik Rut it is denied that the office of
'adjutant general was created by that act, as
will be; hereafter shown. The question a-,
to fill those offibes from the latter description
ot? persons, i ne comnmiee noia tne nega
tive of that proposition. I Ucrfore the passage
of thefact-if the d of March, 1821, there
were ' eleven regiments in. servicej to wit :
bne of riflemen, one of ordnahce, one of light
artillery, and eight of infantry; By said act,
eleven regiments were retained -to wit ; fpuf
of artillery'and seven of infantry; By the
third section of the !Lc, the ft 'rps of 'Engineers
was retained as then orgvrized. When it - is
remembered that before the passage of the
act there were eleven regiments, and the same
ntanber were rbtained by the act, it is a fair
presumption that athe colonels,; lieutenant
colonels, and majors, were intended to be
retameu. 1 ms presumption is strenguienea
wlien jit is distinctly recollected, that this ex
position was given of the act, by the com-
mitteejj who reported it, f. hen the f bill was
discussed in the Senate. -Dy recurring totthe
11th section of the act, this question resJs no
longer on presumptioiv but is made manifest
by positive law. The 11th section is in' the
following words : That the Officers, nori
comm ssioned "officers, artificers musicians,
anu pnvaies, retain eu oy ims vex, excepv uiusc
specially provided ior,!ball have the same
rank, pay, and emoluments, as are provided
in like cases by existiria: laws ; and that the
force authorized.an(l continued in service un
der this act, shall be subject to the rules arid
articles of war."' The 12th section of the
act before referred to directs that the Pre-
Biueni cause to ve urrangea ,ine omcers oic. o?
the several corps now in service, in such man
ner-as to form and complete-out of the same, the
force authorized by the act, ' The wdtd'ar-
any purpose." ; Tlie purpose"' was to: reduce
uie army 10 xne sianaara ponixea-oui oy nie
preceding sections of the act, 7 and to put in
proper order the officers ;:&c. : retained" thy
said. act.- .The committee believe they -can
not oe mistaken in this conclusion j and that
the term arrange does not meah. to create.
and put out'of erder, as it his been interpret
eu-m i me iaxe reaucuon oi ine army, " me
words of the act in relation to the four rerf
ments of arpuery are the same ; .but; a con?
Buruvuuu 1148 oeen given to n .wiaeiy umer-
ent. nas been made to mean. to put jn
orderf! as regards the first and third,', and to
cveate and put out of order," as relates to the
2d and 4th reriments.- Colonel Porter,'.who
takes rank from the 42th3Iarch ,1812,t is
arranged' to the first regiment of artillery,
and Colonel Armistead, who takeS,rank frbai
tne m NovembevlSIB, is " arranged?', to
the 3d.-- ButColohels Towson and Fenwick
are V appointed? to the 2d and 4tb ginients,
utiuiig ranit irom 1st of vne, aqa. k, "e
President message," -ot the 12th of April;
1822L wKen treatincf of the remenEof light
artillery, formerly commanded by ' Colonel
Porter, says that the regiment was rediicr J
I ed arid all its parts re-organized in anothert
JUHJU JUKI WIUI VUIV AUV1C9, UCJUK WVUfUW
men
itet icio tne, sew reuzienis. tat 9
ture
mander was manifestly displaced ,and irijiapa-
ble of v taking the corrjmand .ot eithe,rqfrthe
riew.tegiments, hr any station in: them, urttil
he shptUd-be'ayth'pri2e:to:;d so by a hejpr
appointment."- j The committee dissent Trooa
this pripdsition, and intend that -the inteiv
pretation first ven. bjthe President, to the
15th (section of the act, so far as relates .to
this oiticeriWaa Jhecorrect construction-, and
that he was authorised let " crran-ef Colonel
Porter to the Command of either of the regi-N
meriti of artillery, as lte did, atrahe'p him
to th4 first, without a 1e-appointroent or no
mination tn the Seriate, arid that C6L Porter
was in the," legal discharge of his . official du-'
ue ttntier tne commission wnica . ne. naai
12th Section of the act authorized: thetPresi-
dent,after arranging the. officers &c. , out of
the former, so as to complete, Out oi the
sameJ -the retained army, to cause the " su
I pernutnerary officers" to he discharged from
I the service of the United-States. By the lthf
section 'f the act. it is provided " that thete
'xne unnea Mates, mpureuccmee .oi,uuaci
'three morithiriv. in addition tp-the pay and
' emblument&no,, which h(b may be entitled by
'f,w
law. hl viic . uuii . .u uia uumuhcm
... I. l V.VL
' ductin, and when, the pnew; . Standard was
L complete, by arranging from among the ; ma-
,"iu, ic icauc ..(chwiq-
xryi officers, were to be discharged, with
three! montlis' gratuitous payj Toaischarge
an omcer legauy, ana pay mm inrce,monuis
i additional pay, he must ; have been m ser
. Wc?"j in the former army, and no place for
him in the reduced army. He would thfen,
and tjien only, be a mptvnumerafy" acoord
; ing to the provisions oi the act, and then on-'-;
ly could b e discharged in pursuance of te
I act. (The cornmittee regret to say, tliat seve
ral officers of great rnerir, who would not sufc
: fer bf a comparison with ihos who haVe beeri
, regained, nave oeen Oiscnargaa witn graxuit-
ous pay,-, on :-the allegd; ground :thattMyj
no place provided for yiem
under, the laWi
whenl in truth and in fact, to the places pro
vided far hem by law, others, not contemp-
iated bv the act. 'Were appointed: The mes-
sage
assumes tne grounti tnat ongressd
Coulc-
not.1irid.er the Constitution,,;'iestrain
the free selection., of the President, from the
whbTe body of his feUowcitizens, to appoint
to thjse places." 'llie constitution of the
United States; provides, ;hat f Congress shall
have bower to mke rides for the govern
ment ana regulation ot tne lana anu navai
forctn.'A 'Under this article -j of the; constitui
tion," it is competent for Congress to make
such rules 'and regulations j for tlie govern
ment of the army andnaVy, as they may think n
will promote he service. This power has M
exercised. from the ioundation ot our
relation ltd the army & navy;
fixed the rulis "in prwnotions & Vt
pointhient, and is siipmitted to the Senate f or
confirmation. In the several reductions ot
the army arid;navy, .ongress have fixed the. UfrndelTotwsoh and)Bom(m a appointed VJf
nifM of rediictidri : ' and tabkecutive: "h'ere- f l'wMf 'of artitternl- -, !" f ' -iL;'; "?'; .5. l: I :
tofore, has denied this pawer in Congress,' or
hesitated to execute suh rules as were pre
scribed; -. X V T -j . ', --v -'I
lie President "ahhrpyed" and kigned
the act of the 2d March, .1821. andcr
thai imci made no declaration of an ppi
riion that the law Us hnenstitutionult
and thereby sanctioned itsj constitutionali
ty. Having given. his assent to this law;
the committee believe he is, as well as all
ot ers, bourid by iti ' ffhis, committee will
not dispute the legal power of the Presi
dent io discharge an officer from the land
or navai service , pu hi uuu,ta3c,,ijic
officer discharged wotild net be entitled
to thiee months.; additional pay, wfiich
has been paid to all thefficers who have
beerilput ot ef service in the late reduc
tiorf. There is, thCrefofej ho pretence for
saying, as has been urgrd that the Presi
dent exercised his coustifikmnal power in
discharging ?'severat ipmcrs.- JJesays
himselt hie acted inffiimi&e" the
law. hln the secon4 secttott of the "second
Xrtic c of the constitution; ot the United
Staters, it is provided. " That the Presi-
dentjshall nave power, py anp. wuu tne
advice and consent of khe Senate, to afi
floini all officers of ,the -1? witose ap
pointments are not thereiii othhvise pro
vided for and which ihalt be Established
by liWr ! By the' construction (heretofore
given1 tdrihfe '(itti:
same1 Iower, and the same rane f disf
Cretion to vithhold i thei radtnc&and
con&ent that the Pi stdeht had to noj
mmatey -and theJSebquld iabthe
trust conhded to tnem, li tney. were io ra-
tifynoramations, when either policy or
hyvyTuiredheir
sae accomoiinvinc
jof: Cohels Towson and Gads1den;t it is
urgeufpai V n.aa umcr my wutf
antt nrranerea irom one corps vwauumci
by; ah entire change of freemring
new torn mission and :& numinatirti to thS
Senatei f thereTis 'ikvrp&ffybjf. an .oflicer
mav kidt oe ccfvazcitt tike inapner ;
and the example 61 1815; rie
sunnort of this Dositiohi; Ittis , tf ueCthaW
to iheredutUon oY l8i5theaawasfeT
an ufidcer n the graded below5 the rankle
Iiu?jbef6i5e:iield
proponion -off the rofficersin 48 15, - were
fifrumil rm tni ntntifrl: . iLnti .ltn their
nan es were 'submitted to' ttic Senate, 0
considerable liini? after (tie Reduction bad
bte-n made, that body,4 with much hesita-
Vwh; lent a reluctaiif; assent to the arranges
t, W Itoout su p posing xnay in is ucuar- r -rTT TK-rT-w V 7 IT " , rrj " , '1 1 I . j ;,
another stillmore dnKmisio'the-HhraVr.;
rarifi d tner norainat ions of Gens. Macomb'
aim n.Liiiuii, hiiu jviajor,, jLfauoa, oracera
.iThe;,Senate' haying
hy tbeidecision itt:t,h.e redaction of. 1821; Tfirj .
gone; as farvaa i the precedents' of vll5 t
wwifd justify the cprnmittee tlimk it pm- X
f fore tbry giVetheirjissenV
i advanced in. the1 messaee: -V&herehv ' ihi
werio. yaue anu senousiv torener.r: hf.
) Preidet pu!cl be sustained; in advancing
i avouuu ituicuftui lu ujc acau oi jour re.
gi men t$;and midshjnlrneft to th e com mand
ipf bur shijps of thelineto; the "exclusion
ot colonels . ana naval commanders who
are in service under the law.t t . , .;-
It is correctly-stained iaiheTOeMae.'that:
the fifth Section of the act of 1815,:ontaini
the words r corps ftr0pfitn and the 12th
intended that that biiiissioh fthriiihl VivSa
section of the ActVof 121 uses the? terni I
; Vcpris out of whicli thefbrce retaineol
omission had ahs objfttf sBiit it wasnAfe " -K-
we r resiuenc w iaer range, for place his , f -
discrtiun aSoy the yismn of the la wj y
uui. wd ucMgucu; aionejco improve ; top, , v '
phraseology otiiC section, boraitting '
superfluous word, without affeejing the ob- " 'v
vious meanme of that section-. 'If it ww ; C7i
necessary further torbve that- the bav 'i
department does nbt constituierorie'ofithe
14 corla" uf the armyi bqt of which the ar- v'-'V--myt
retained ' wz :to he . tbmposedthei; ! ; ,r
cohit?iHeW;Tefer?:to;the cbmm'rs- hef
ibn isuedto jiVilirerit; late paymaS-f ' "
ter, and signed by :i'Mif. Jeffersoiv and
also, to the tact, .that this.' officer ha here ' 'zr
tofore been placed oil the civil list fin th ' - V
differentappropriatiori bills. -rnvese; cir
cutmtances also dibtiuctly inark hisl civil i
character." ' U?. . ,
If the committee; should be 'iWkVn jriVji--?
the correctness of the virwa before bre-f : '
sentedr and they ; feel; cohfideht theard
uui, uicic w l uocuuienramong tne pro-1
ceedings of the board of general officers 7
whichi independeut tf all oilier iacts arfd
arguments, proves, jricontestibly, that tho 'j
con&trucuon out tbv the ':'uiAtU:toAn' W
The board of general officer, ifvKivHMa!': V :
. - - 1 . , . j--. .
. ; JACOB:BBOWN, Presklehtj; 7
,- t-
It is thus seen that the Board nf crenprof
officers, , who wiut;e called in to aid in the
execution of theUw to reduce thearmy6c
to "arrange! each officer to his ; proper
places commenced that 'work by recomV
mending the President to flui out four of
the eleven colonel then injs'ervict. iThe
board did not pretend that, these officers
were tufiernumerarteitV-. hi that il.wamr
iue act is tne correct oner anil thai, the i ;. -1 I :
piuyvvuuiB u vit yvavu, oi general om l ! I
ccrscharged withahe (rectinf tl) M
aitnyi, were tidtTiulateUtter, by nbo ' f;tA
tli;n of itLV Xtie dofcrimerit Wn thi tnt -' i "' 1 '' '
tnat voumets .. naaUrfcm9dL -IfinaZJ -l-'f . V M!
, .Smit toutdnotireiMn,. 1 fc?t
pectJitUyt to commend, thMW&erGene:Z .).?
rt-. renerausnat ventral barker h -nhhtf
totheMeafymaer
necessary to discharge themi as such; It '
isi therefore, raahil'est they siibstituleoV -theirQw'n3audlpleasdt'-for-
the rule t
pt escribed la w :It is inJbrb)f;bfore 'V v -I-the
comtnitteethaU the oriinalpeiv . '
Containing this reconiiuendation. ' waA de -
i posited jnnAdjutaar General's office 'X
u -aicccHiug, uu, aiterwaras: at ino "
reocsf Genei-iil Brbwh, itjwfs deliverV " i C
ed td ten'ho'jm'.mtdiauly IdektruyedTiU7-'
fl'.:
- ;y -.- ' . . ' .. - 1 "4"v. -i "
An act to repeal the'actientiiled n aci r ; i
WW encourageahatiori.'?. v .-; -'
JSe tt enacted by tkeSenai'tdnd'kauaiy
of 'Americd in Congre&i akicmbliul. -Tnat ' ' :
the act .jessed the Jweikyfrenttk''day "bf vVv.,
and thirteeuvemitled SAri act to encoti -l ..'.
nereoy repeaieo - . s
Ari, act baiter, the times of holdinfc thfi
? DistHci Court in the Tfit rlt At'
J.Pe ' it enacted bv the Sena e and'HatAAt fr ,
tfutjimeritatkie
Tuesdav
ahdjpteraber, ahid at Burlington on iWf'',;,i5:'v:
SdfTuesdays 'pfMay ahdoyemberg ia-
j.mcricu in pngre8,a88emoiea, .1 oa;.:,.
the, Dis'trjCjvcrtitb
JeraUthercafter-be at New i'
Bruruwick iin the 2d Toesdav J of.March. v ;
ef ery year ranymg-icf anyact, hereto , , f
lore , passed to tne contrary notwitnatand- i r ft '
-pproyexlVlaX822i ':,v.C. tU J'i
f BJ3E.X5oard tor Internal imriroreirienU for ;
11? this -StAte, - will wee. ag-reeably to 'ad ';V ';
lourapient, atitie,!ExetifeOnce'ui:'Ja:v
leigh, on ; jonday the-17ta of June next : of-'
1-j irrhich i H ineMfctis Concerned will tAt e notlf M. , 1 ; ,t f :
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