Southern recorder. (Milledgeville, Ga.) 1820-1872, May 28, 1822, Image 1

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Newspaper Page TextSOUTHERN RECORDER. VOL. III. MILLEJJ*GJ2ViLLE, TUESDAY, MAY 28, 1822. PUBLISHED WEEKLY, B V S’. GK.iYTL.1Yn (< K. M. ORME, On Hancock Street, opposite the Auction Store, i,T THREE DOLLARS, IN Al>1 ANCF., OR FOUR dollars at the expiration or the YEAR. ftj’ Advertisements conspicuously inserted at-tito customary rates Letters on business, in oil cases, must be fort paid. u\ MmumvYX. AN ACT •upplementarv to an act, entitled «i An Act tor im* riillrf <*( me purohuPPra ot public lands prior, to the first day of July, eighteen hundred and twenty." lie it enacted by the Senate and Home of Represe ntatives oj ilie United Slates of . line rim in Congress assembled, That all purchn* tiera, and eveiy legal holder of any certificate of die purchase of the public lands of the. United States, who were entitled to, hut vho have not availed themselves of any of paid by them respectively to the treasurer of the said state. Sec. 9. ,1nd be it further enacted, That the said fines shall he recovered by the said stale under such regulations, provisions,and restrictions, as shall bo prescribed by the legislature thereof. Sec. 4. Andie it further enacted, That the said state, provided it shall accept of the provisions of litis act, shall account to the United States for the sum of three thousand two hundred and thirty-eight dollars and forty-si* cents, if that amount of the said fines shall hi collected, it being the expen ses of three courts martial, held in the said stale, for the trial of the said delinquents, of which Colonel Thomas C. Miller, Colonel James Wood, and Colonel Thomas Moore, were respectively presidents, Washington, May 4, 1 Bili.—Aproved. AN ACT to perfect certain locations am) sales of public, lands in Missouri. He it enacted bp the Simile and House Representatives of the United States of mrrica in Congress assembled, That tile In cations heretofore m ule of warrants issued under the act of I Mil of February, one thousand eight hundred and fifteen entitled “An act for the relief of the inhabitants of the late county of New Madrid, in the Mis souri Territory, who sulTered hv earth quakes,” if made in pursuance of t fie provi sions nf that act, in Other respects, shall he IN SENATE OF THE U1B/TX.D STATES, [ Conti/I uei-j Tninmiar, ,'pril 28, 1842. Mr, ll'illiims, nt Tent i, from the Commit tee on Military Affairs, p whom was refer red the a roly nominations, and the two mes sages of the President on that subject, re ported as fallows: That they have carefully examined the reductions of die army, made in HUH and I St 5, for the pirpose of dis rovering if therr were precedents which would justify the course pursued in the reduction of 1341.— The result of tie examination is, tint the three acts of Cotgress are .substantially the same, but the pra-lice under them has been widely different. In 11104, Air. Jeffs non ex ecuted the law strbtly. In 1818, Mr. Madi son departed from the law, by retaining of ficers in a grade helm the rank they former ly In ld in the army—and, in 1821, nut. only was t)ie precedent ot IS 18 pursued, but prin ciples were introduced unknown tu our mi- xc of litary code. The provisions of the law of f . 1- tin- id !M ir« h, 10 :t, wore ilisreg irdixl iu inn the provisions of the art of Congress of 'the j perfected into grants, in like manner as if ' i c\i u niirlit linn. tlu»v liMf 1 ronf.irmcd to tin* sortion.il or _. co'nd of March, one thousand eight lion died and twenty one, entitled “ An Act for the relief of the purchasers, of public lands prior to the first day of July, eighteen hun dred and twenty,” be allowed, at any time on or before the thirtieth day of September, one thousand eight hundred and twenty- two, to surrender their certificates of pur chase, to accept, and. on filing sueli accept ances, shall be. entitled and subject to such ol the provisions of the aforesaid act, as apply to cases where complete payment may hi made of any tract of land prior to the thir tieth day of September next. Sec. 2. And be it further enacted,, That all purchasors, and every legal holder nf any Certificate of purchase of the public lands nf the United Stales, who may rmt have ac cepted any of the provisions of the aforesaid art of March the second, one thousand eight hundred and twenty-one, or who may n nt avail themselves of the provisions of the first section of this act, he permitted »t any time prior to the thirtieth day of Sep tember next, to file their acceptances, anil Surrender their certificates nf purchase, and shall be entitled to all the benefits and sub let to all the provisions of the aforesaid act of March the second, one thousand eight hundred and twenty-one, which relate, in any manner, to relinquishment and classifi cation, and to the extension of the time of payment hv instalments, and the proceeding ?n relation 'thereto, in the same manner as if such acceptances had been filed on or he- tf.rc tha thirtieth of September last. Sec. 8. And be it further enaded, That uli purchasers, and every legal holder of any certificate nf purchase or the public lands ol the United States, who may have filed their acceptances and surrendered tl cates of purchase, and accepted the provi sions of the aforesaid aet of March second, one thousand eight hundred nnd twenty- cine, which relate to payments to be made by instalments, bo permitted, notwithstand ing their acceptances heretofore filed, to make cumplrte payment on any tract ol and, on or before the thirtieth day of be|i- teuiher next, and shall he entitled to the dis count provided for by the fourth section of tho aforesaid act. Sec. 4. And be it further enacted, That it shall be the duty of the registers and re ceivers of the several land offices of the Lot ted States to perform the duties prescribed bv, or necessary to carry into complete cl- f<*ct the provisions of this act, according to the forms and instruct inns heretofore given bv the Treasury TJepai intent, to keep lull ar'd faithful accounts and records of all pro eei’dings under the same, in the manner prescribed by the eighth section of the afore- said act, to make report of the same to the Treasury Department within the term of three months from the thirtieth of Septem ber next, and shall receive, as compensation for like services, tile fees provided for by the Seventh and eighth sections of said act. Sec. 5. And be it further enacted, That every tract of laud which would have been forfeited from a failure, to file an acceptance a id to surrender the certificate of purchase u i or before the thirtieth of September, One thousand eight hundred and twenty- fine, lie, and the same is hereby, exempted from forfeiture and sale until the thirtieth flav of September next, and on longer. Washington, April 20, 1822—Approved AN ACT makine an appropriation to defray the *»xpcu*C3 of mission* to the independent nations on the American Continent. rtf it enacted In/ the Senate and House of 'representatives of the United Slates _ tn tried, in Congress assembled. That, ter such missions tn the independent nations no the American continent, ns the President, nf the United Status may deem proper, there be, and hereby is, appropriated, a sum nut exceeding one hundred thousand dollars, to be paid out ol'.any money in the Treasury, not otherwise appropriated. Washington, May V, 1822.—Approved. they had conformed tn the sectional or quarter sectional lines of the public surveys; and the sales of fractions of the public lands heretofore ereated, liy such locations, shall be as valid and binding on the United Slates as if surli fractions had been made by ri vers, or other natural ob-Uructions. Sec. 2 And he it further enacted. That hereafter the holders and locators of such warrants shall lie hound, iu locating them, to conform to the sectional or quarter section al lines of the public surveyors, as nearly as the respective quantities of the. warrants will admit ; and all such warrants shall he loca ted within one year after the passage of this aet, in default ivhereof the same shall be noil and void. Washington, April 2B, 1822.—Approved. AN ACT to repeal the act, entitled “ An Act to encourage Vaccination.” Be it enacted by the Senate and tlnuee of Representatives of the United States of . merica in Congress assembled, That the act passed the twenty-seventh day of February, one thousand eight hundred and thirteen, entitled “An Act to encourage vaccination," be. and tl)P same is hereby repealed. Washington, May 4, 1822.—Approved. AN ACT to alter the times of hold'ng the Dis- trict Court in the District of New-Jersey Hr it enacted bp the Senate and House of Representatives of the United Slates of A merica in Congress assembled, That the Dis trict Court for the district of N. Jersey shall hereafter be held at New Brunswick on tin 2d Tuesdays of March and September, and at Burlington o:i the third Tuesdays of May and November, in every year; any thing in mde'vcd 'tl'ieYr' certifi- i '"V act heretofor passed to the contrary not- ■ : withstanding. Washington, May 4, 1822.—Approved. AN’ ACT making appropriations for the Public Buildings. Re it enacted bp the Senate and House of ny particulars. The commilU c h iv mined the argument in the in, issagr, which s intended to justify the transf.fr ol Colonel Lindsay from the infantry to the artillery, subsequent to the 1st of June, 1821, and have formed an opinion different from that entertained by the President. The transfer is attempted to be supported tin the excepti on alleged to exist in the 78lli article ol ill rules and regulations established for the go vernmeot of the army, whi rli article is in the following words:—“ The transfer of of ficers will only be made by t.he war depart ment, in orders, on the niii.1ii.il application of the parties, except in extraordinary cases. See 61d article of war. Nor sli ill an oilier he transferred into a regiment unite preju dice of tho rank of any officer thereof.— When officers are transferred at then own request, the order for change of station will specify the fact." Oi referring to the USd article, which is in the following words:— “ The functions of the engineers being gene rally confined to the most id ev.it, d branch of military science, they are not to assume nor ire they subject to lie ordered on any duty beyond the line of their immediate pro fession, except by the special order of tile President of the United States—but they are to receive every mark of respect to whirh their rank in the. army may entitle them, respectively, and are liable tn be frail* ferred, at the discretion of the President, from one corps to another, regard being paid to rank.” It will lie seen that this article, relates exclusively to the engineer corps, and consequently I here is no legal authority for tile transfer of (Jol. Lindsay, from the infan try to the artillery. Tur 78th article, refer red to by the President, dctf.riuinrs the principle, and in fact the rule, by which transfers can he. lawfully rondo. The article provides, “that the transfer r,f officers will ly he made by fi e war department, in or ders, on the application of the pa rties, except in extraordiilurp eases. See P9,f article ol war,” ike. It is not pretended, in this ca that the parties applied for a transfer. Hut on the contrary, the transfer gavel great dis pleasure, because it took away tin-* rank and the right of promotion from all the officers under Col. Lindsay in the corps of artillery, and gave to the infantry officers a fictitious rank to which they were not entitled. Independently of this view of the subject, which the committee consider conclusive, there is another ground which places this the provisions nf said act, to appoint Col. Towson to the command of one of the regi ments nf artillciy ; Col. Towson having re signed lhe captaincy which he formerly held in the army, and accepted the office of pay master general. The message dues nnt furnish the rule whereby he iv:ij translated from tin pay de partment to t.lui command ot a regiment, in preference to his old rank of captain, or to a majority, orto the rank ot Lieut. Lolonel. The message not having furnished a rule on this subject, the committee, were compelled to look into the law and former usage ; and they enmeto the conclusion, that the. pay master general could not legally be transfer ted from that station to thu command of a company, battalion, or regiment, and tliit he did nut constitute one of the reaps of tlic armp: that lie was a salary officer under bond ami security ; nnd the ditties required of him were those of the Quitl, .mil not nt the Sword. The 12th sect toil of the art Oi ■ina March, 1821. isiu the following words : “ Sec. 12. And be it further enacted, Thai “ the President of the United States cause to “ b ■ arranged the officers, non commissioned “officers, artificers, musicians, and privates, “of the several corps, now in the service ol “ the United States, in such manner as to “ form and complete out of the same tin “ force authorized by this net, and cause tie “ supernumerary officers, nun-coniinissinm d “ officers, artificers, musicians, and privates, “to lie discharged from tile service of the United States.” The queston arises, on th construction of this section, whether “ the pay department constituted one of the corps oj the army,” out nf which the 1’iesident was required to arrange and complete the. force retained bv said aet. The committee hold the negative of this proposition, and rely upon the law of the land and military usage to sustain them in this position. It is provided in the Bill section of tlies act of the 21th April, t a 16, that al! paymasters, commissaries, and storekeepers, shall hr subject to the rules and articles of war, in the same manner as commissioned officers : Provided, also, that all officers of tin* pay and commissary departments hi* submitted to the Senate for their confirmation, iti the same manner as tile officers ol t e triny. Here are but two points wherein the three classes of offi 'ers, above enumerated, are likened onto officers of the army. But | these apparent assimilations are not confin- , ed alone to these public -'g' nt". Ollii ers of | marines, when on shore, are subject to the appointment of a purser to command one of our ships of the line, to the exclusion of the long list of gallant officers, u ho have, by their valor, acquired so much renown lor the country. In the 8tll see. of the 1st art. nT the con stitution of the United Slates, it is provided that ("nngress shall have power “to mak* rules for the government and regulation of the land and naval forces.” In virtue ol this power, Congress have directed, both in tin laud and naval service, that promotion shall he according to seniority. This prin ciple has heretofore been held sacred. The army arid navy were created for national purposes. Bv adhering to the principle of promotion, which is coeval vv th their cxis lencc, they will retain their national charac ter. Tlte individuals who compose these irms nf national defence, have liglita sei ur- d by law ; and when these lights an: vio- •ited it is their privilege to appeal to the tri liuuals of the country lor redress, (as many i 111 efts have done, on this occasion to the ’Annate,) as a part of the Executive council >f the nation. A departure from this prim pie would have the most fatal eflect. It mild verify tile adage, that one campaign i Washington was worth two upon the lines. A system of favoritism in promotion would supply the place of law and regula tion. The army and navy, instead of re- aining their national character, would be come the creatures of lhe Executive. Men nf honor, whose rights had been violated, would he driven from the service, to id those only retained who would patiently submit to any indignity. An army and navy composed of such materials, in times less virtuous than the present, would he dan gerous instruments in the hands of tiros* who would have the power to wield them.— The committee believe that both law and policy unite in resisting every attempt to introduce such docilities in our service. The great object of the act of the 2d of M arch, 1821, was to reduce and not to increase the military force of the country. - But, with the view ofimproving the urgnni zatiott of the artillery, tlte battalions were converted into regiments, and four colonel cies vverccreati d But it is denied that the office of adjutant general was created hv that act, as will he hereafter shown. The question Again r< curs, vv In Hot these four of lice-, were tu he filled by officers then in se: " supernumerary" nflicri'S to be discharged from'the-ci vil e of the U States. By Ho i.itlt section of the act, it is provided “ that tin ie shall he allowed and paid to each commis- sined officer, discharged from the service of the United State, in pursuance of this act, three months’ pay, in addition to tin pay, and emoluments to which he may he entitled by law, at t e time of his discharge.” The word •‘supernumerary” signifies above a slat ed number. The object of fire act was re duction. &. w lien t ;p new standard was com plete, lay arranging from among the mail ri al* on hand, the residue, nr “supernumerary” officers, Were to he discharged, vv it li tlncn months gratuitous pay. To di-chaipe in officer legally, lihd pay him three months additional pay, he must have been •• in ser- t’lVe,” in the former army, and no place for him ,n the minced at my. He would then, ■and then only, he * a supernumerary” licence ding to the provisions of tin act, and tin n ly could he he discharged in pursuance of the ad. Tile committee regret to say, that several officers of great merit, w ho would not suffer bv a comparison with those re tained, have been discharged w it li gratuitous pay. on the alleged ground that they w, re “supernumeraries,” or, that theie w as no place provided for lliern under the law, when, in truth and in fact, to the plarrs provided for them by law, others, not con* templated by the act, were appointed — The message assumes the ground, that t 'nn- gress could “ not tinder the constitution, tie strain the free selection of the Pn-sidi it, from the whole body of his fi How citizens, to appoint to these places.” The constitu tion of the United States, provides, that “ Congress shall have power to make rub s for the government and regulation of toe land ami naval forces. Under this artieli of the constitution, it is competent for ('i n- gress to make such rules and n-golati s for the government of the army and navy, as they may think will promote I lie set- vice. This power has been exercised I'mra the foundation of our government, in c'a- tinn to the ni my and navy. Congress have fixed the rule in promotionsnndappointmenls. Every promotion is a new appointment, and is submitted to the Senate for confirmation. In the several reductions of the army and nav y, Congress have fixed the rules of re duction: and no Executive, heretofore, has denied this power in Congress, vice, or by citizens, or try no -eunihnttarit I luted to execute such rules as were presi rih- j stall'officers. The Piestdent insists that lie • d. had the right to fill those offices from the The President “ approved” and signed the j lattee description “I persons. The commit - j act of the 2d Mar ill, 1821, and, ul if at time, id “ rules and articles of war ;” and judges, j , r( . thl .' ; „ tl , e ,,f ,|i.v reign ministers, and most other owe. rs tin- j j fi , |()|1 , ,|„ „f n„. der the fedetal government, are submitted to | ^ (| . t , h n;: j ,, vvt .,-,. ,.| I V eii region nt the Senate for confirmation. T»» l>ii cuis^e»j, J ^ s^r V :re, to wit : mic of nth-men, one m therefore, with the officers of the army, j oiilriance,’ onv of light artillery, and tight of as to come within the obvious meaning nt inlrt||lrv | ?v !(ct , eleven r, ginn-nts the above recited 12th section ol tile act of j| lo « it : four of arlillei y . ami the Bd March, 1821, the paymaster R' *', ,, sf .\tn nfmlantiy 15\ the tliiui section ol hould be clothed, by Hvv, vv itti o In t ■>" ■ nhe act, tin corps of i vgineers wa ret oued more Important military properties Hi ,„ the • ' \\ |,,. tl j, j s m ,n mher. ,1 two above m-nl But the I lent, | ilrl . ;K ,. Hie unde I IIV Representatives of the Linited States of Amt- j «iueetion beyond the possibility of doubt — rica in Congress assembled, That fur con- - - tinuing the work on thu Centre Building of the Capitol, and other improvements on the President’s House, the following sums of money he, and hereby are., appropriated : For continuing the work on the Centre Building, the sum of one hundred and twen ty thousand dollars. For constructing a culvert to the. Presi dent’s House, painting, and necessary re pairs of the same, the sum of three thou sand three hundred dollars. For improving the grounds around the Capitol, twelve hundred and fifty dollars. Kte. 2. Anil be it further enacted, That the said several sums of money he paid out of any moneys in the Treasury not otherwise appropriated : I'rovidtd, however, That no money appropriated by this act shall he paid to any person for his compensation or perquisites, who is in arrears to the United States, until such person shall have account ed for, and paid into the Treasury, ail sums for which he may he liable. Washington, Slay t, 1822—Approved. During tlie last session of Congress, the hook of regulations were printed, and each member furnished with a copy. By rum- paring the 78th article in Ibis hook, 'with tho same, article in lit" hook lately printed for the use nf the army, it will he found that the exception relied upon by the President, is an interpolation, and is not, in the original, soli mitted to Congress when that body was cal led On last session to enact these regulations into law. The President, however, submits to the Senate for confirmation only the names of the officers on the li“t accompany ing tho message On examining this list, the name of Col. Lindsay is not to In in his message, insists, that the pay thqiarl- inmit is a part of the military est dilish cot. This is admitted. Military establishment is a comprehensive term, and includes every one subject to martial law. By recurring, however, to the tweluh section of the act before cited, the Win its “ military establish ment” are not lo he lound. Tho terms us ed are, “ the several corps now in serviei out of which he tvas to “ arrange” the force retained by the act. Admiltinu the Payouts ter General to he a staff officer, his duties are of a liv'd character, anil may he classed with the Commissary of Purchases, the Sur geon General, chaplains, storekeepers, wag on mastis's, sutlers, See. These officers have neither rank nor command in the army. They have no prescribed unilorm ; nor do they wear either sword or epaulettes. Their du ties are peaceful. They are non combatant-. In civilized warfare, if taken prisoners, they would bu liberated like other citizens ; it. i the laws and usages of service distinctly mark their civil character. Army corps signifies a holly of forces; not. civil, hut warlike, forces ; such as have prescribed uni- "1S MSI, f orn|g . ([)( | epaulettes, wear swords, or earn '! found. I ,c art, I' RESOLUTION providing for tho security in the transmission or letters, kc. in the public mails. Resolved by the Senate and House of Re presentatives of tlie United States of Ameri ca in Congress assembled, That, it shall he the duty of the Postmaster General to in troduce, as soon ns conveniently may he, on one nr more of the most exposed routes, llichard Imlay's plan of copper rases, se cured in Iron chests, with inside locks and sliding bars, in such n way as tn test its cf- ficaev in preventing robberies of the mail: I’rovided, The extra expense for each mail carriage shall not exceed ono hundred and fifty dollars. „ 3 PHILIP P. BARBOUR, Speaker of the House nf Representatives. JOHN GAlLLAUD, President of the Senate, pro-tempnre. Washington, April 28, 1822.-Approved, JAMES MONROE. XN VCT vesting In the stale of Pennsylvania ‘the right of the United States to all lines as sessed for the non-performance of mditcv du ty during the late war with Great Britnin lie it enacted bp the Senate and House of Representatives of the United States oj Amen- *r iu Congress assembled. I hat nil tight xvlie'll the United States have to the hoes assessed upon the citizens of the stab of Pennsylvania, for the non-performance of militia doty during the late war with Great Britain, shall he, and the same hereby is, vested in the said state. Sec ® Anil be it farther enacted. That al! moneys'in the hands (if those who now lire, or heretofore have been, marshals Of deputy marshals, which may have been collected from the fines aforesaid, after deducting1 n expense of assessing and collecting, shall he FROM THE NF.W YORK COMMKKCIAF, ADVERTlSY-ll. GUINEA GRASS. We have been favored by Captain Jasper Graham, with a small parcel nfllie seed of the Guinea Grass, which haslatrly been iutnidoc rd into some of the West India Islands, from the western coast of Africa. This grass is said to be remarkably sweet, and fine for cattle, and tlie yield is prodigiously great.— It is supposed that three crops will lie. pro duced in this climate m a season, without rutting tlm grass until it is th.ee or four led high. In Jamaica, one acre frequently yields twenty tons nf hay in a year. The seed in our possession will he disposed nf in small quantities, to such of our agricultural friends in thu country as may call for it at thia of fice*. It is, therefore, in the opinion of tho rotn j mittee, not competent for the Senate, at this time, to control this illegal transfer. The committee, on examining I'lte new re gister of tlte army find many irragularities, and beg leave to refer to one in the Inspec tor’s Department. The Olh section oT the act, passed the 2d of March, 1821. to roduc. and fix the military peace establishment, provides that there shall be two inspectors general, with the rank, pay, and emoluments, of colonels of cavalry. The terms of (he art in relation to these two officers are precisely the same ; hut a construction has been given to the act very different as regards these twn officers. One of them. Col. Wool, is in service, without, and the other, Col. Archer, with lineal rank. This arrangement is cal culated to produce great sensibility among the officers of the army, and to embarrass the service. On the list accompanying tlie message of the 17th of January, Col. Tnwsnn is nomi nated to the Senate in the following words : “ Second regiment artillery, Nathan Tow- son, late captain light artillery, to he Colo nel first June, 1821.” This nomination shows, what is the fact, that Colonel Toiv- eon, some years ego, was a captain iu the light artillery, which office lie resigned be fore he. xvas appointed paymaster general — II isusual both in tho army and naval nomi nations to slate the firmer lank of the offi cers, to enable the Senate to determine whe ther their promotions are regular and ac cording tn the principles of seniority. If this description of Col. Totvson’s forme rank in the army was given with this view it is evident that the promotion is irregular, because it is to the prejudice of all tlie offi cers, under the grade of a colonel, who rank ed this gentleman w hIM he was an officer in the artillery. The President in his mes sage does not rest the claims qf Col. Tow son tn tne command of a regiment oh the ground taken in the list of nominations, hut further insists, that the pay department, be ing a part of the military establishment, within the meaning of the art of 2d March. IR2I. “ constituted one of the corps of the nr- ;ey,”and it was competent tor him, under arms, such as muskets, nnd bayonets, with which they meet and cotnlial the enemy in the field. Major generals, brigadier gene rals, adjutant and inspector generals, and the like, properly speaking, constitute the staff of the army. They have command Ik “assimilated rank” in the army. They are men at arms and wear prcscilied uniforms, swords, and epaulettes, and the laws and usages of service distinctly mark their war like and military character The argument in the message that the President had the whole range of the military establishment, out of which he could, al pleasure, s, |, et the commanders of regiments, if it prove any tiling, proves too much. It has already been shown that this is a ■ nmp'eliensive term, and it inculdes not only paymasters, surgeons, chaplains, Storekeepers, sutlers, Ike. but, also, all retainers of the army who are subject to martial law. According to the usages of service, the President could, with the same military propriety, arrange any one of those civil rhararteis to the com mand of regiments, as he could transfer Co lonel Towson from the pay to tin military department. to the sixth paragraph of the third arti cle of the army regulations, it is provided, that " No officer of the staff, not having li- “ neal rank or rank assimilated thereto, shall “ command any officer whatever having “such rank, but, on the other hand, the fur “ iner shall be subordinate to the latter, tm- “ der the following restrictions: 1st, the “ Commissar)' General ofpurchases.the Snr- “ geon General, the Paymaster General, and “the Apothecary Gen. to gen. officers only,’’ !zc. Here a clear distinction is taken be tween officers of the army having rank, aod stuff officers having no rank : the. latter, to wit, purchasing commissaries, the Surgeon, paymaster, and Apothecary Generals, are prohibited from commanding even a second lieutenant. The position taken by the commiltee, in behalf of the army, is applicable to the navy also. The duties of a purser in the navy re eleven regiments, and the same number were retained by the act, it is a for presump tion that all the colonels, lieutenant robin, is. and majors, were intended tn In retained — This presumption is strengthened, when it is distinctly recollected that tins iXjinsition was given of the act, by the cuinniittec who reported it, when the hill was discussed n the Senate. By recurring to the llt'i see tinn of the act, this queston tests no longer on presumption, hut is made manifest by positive law. The I nil section is in the following word-: “That the officers, non commissioned officers, arnficers, musicians, and privates, retained hv this act. except those specially prov ided for, shall have tin same rank, pay,and emoluments, as are pro vided in like cases by existing laws ; and that the force authorized and continued in service tinder this act, shall lie subject to the rules and articles of war.” The 12th section of the act before referred to, directs that " the President cause to be arranged I 1 e nl- ficers, &ic. of lhe several corps now in ser vice, in such manner as to form and complete out of tiu- same, the force” authorized liy tin act. The word arrange signifies “ In put in proper order for any purpose.” The purpose was to reduce the army to the stan dard pointed nut by the preceding sections of the aet. and to put in proper order the officers, tkc. " retained” by said act. Tin committee believe they can.ml lie mistaken in this conclusion; and that thetcrni arrange does not mean, to acute, and pul nut ot or der, as it has been interpreted in the late re duction ol the army. 'I he wolds of I In net in relation to the four regiments of artillery are lhe same ; but, a construction bus been given to it widely different. It has been | made lo mean “ lo put in order,” as regards the 1st and .id, and to “ create and pul out of order,” as relates to the 2d and 4th regi ments. Colonel Potter, who lakes rani, from the 13th March, 1812, 13 “■arranged' to the 1st regiment of artillery, and l oluncl Aruiislend, who takes rank from the null November, 1818, is “ arranged” tn the 3d But Colonels Towson arid Fenwick are “ appointed” to the 2d end -llh regiments taking rank from the lsf if J’une, 1821.— The President’s message of the I2tii of A- prtl, 1822, when treating of the ri gitncnl nf light Artillery, formerly cammanded by Co lonel Porter, says, “ that regiment was re duced, and all its parts re-organized in ano ther form, and with other duties; being in corporated into the four new regiments, the commander vms manifestly displaced and incapable of taking the command of either of the new regiments, or any station in them, until lie should he authorized lo do so by a new appointment.” The committee dissent from this proposition, and contend that the interpretation first given by the President, to the I2th section of the act, so far as re lates to this officer, was the correct construc tion, Sc that he was authorized to " arrange'' Cob Porter to the command of either ol tin regiments of artillery, as lie did “ arrange' him to the first, without a re appointment or nomination to tha Senate, and that Coin nel Porter was in the legal discharge of bi- nfiLial duties, under the commission which hehad,|ongbcfore the reduction of’heRitny are analogous to the duties of a paymustc r j 'i’i.c 12lh section oi the act authorized tin in the army. Tho principle which would : President, after arra ging the officers, kc justify the appointment of a paymaster to o it of the b rmer. so as to complete, out ol command a regiment, would autheiize the the same, tho retained army, to yaujc the no declaration of an opinion that tlie as unconstitutional, and Iht-rehy <- • oind its constitiuiiinality. Having - u - t ot to this law, the committei Im ve lie is. s t. ..|| as all others, hoot d by it. The committee vv ill not dispute the legal p, vv er ol’tlie President to dlsrlnvrgi an officer 1'i.nz the t on! or naval service; hut, in such c > < s, the officer disc!)*' god Would not le ei titn d :<> three ill" tils’ additional pay, w hit h Inn been paid to all the t Dicers who have he , ot. out of service in the late reduction. Thee® is, tin ia fore, no pietooce for saving, e- I, is been urged, that tin Ibc-ident cxereist v! pis c v i -1 It nt i< il i :i I power 1 m discharging sivrial ollii eis. lie says hiniself, he acted * in. pursuance” of the law. In the 2d section of tlie 2d article, of the constitution of tin U. States, it is provided “ Tlmt the Ptcsiduit sliail have power, by and with the advice and consent of the Senate, to appoint all of ficers nf the United States whose appoint ments are not therein otherwise prov ided for, and vv Inch shall tie established liy f.w.”— By the construction heretofore given to thij ifvide, the Senate had the stum puiv i , .,tl the same range of discretion to withhold their " advice” and “ consent,” that the Pro- sident had to nominate : and the Senate would almse the trust cm filled to them, if they were to ratify noirii .atinns, when ei ther policy or law required their rejection.— In the message accompanying the “ re-no minations” of Colonels Tow non and Gads den, it is urged, that “ if an officer may lie reduced and arranged from one corps to a- notlirr by an entire change of grade, requir ing a new commission and a nomination to the Senate, there is no reason why an ollii'i r may not he advanced in like manner ;” and the example of 1813 is relied upon in sup port of this position. It is true that, in the reduction ol I 815,1 he law was departed fri nt iu the instance ol retaining an officer iu ;r grade below the rank he had In fin r held in the army. A great proportion of the nffi- i'i rs iu 1818, w ere retained on I l.is principle.; and " lien their names vv ere submitted tn the Senate, a Considerable time after the h dicti on had been made, that body, with nun It hesitation, lent a reluctant assent to the ar rangement, without supposing that this do* parti to would he set up as a justification for win it lie*- still inon dangerous to the riglitE unit i buirarter of the army. The print iplc nITazrenig having have been recognized iu 1818, tlte Senate, limit r the authority of that proci dent, in the reduction of I 821, have ra tified the nominations o Generals Mari,mb and Atkinson, and Major Dallaha, officers who were razeed The Senate having, Ly tin ir decision in the reduction of 1821. gone as far as the precedent? ol 1318 would justi fy, the committee think it proper to panto and seriously to refhet, before they give their assent to the doctrines advanced in the. message, whereby the President would be sustain, d in advancing second lieutenants to the head of our regiments, and midshipmen tvi the command of mil ships nf the line, to the exclusion of enlom is aril naval com manders who are in service under the law. It is correctly stated in lhe message lh.it tlie 8tii section of the act of 1818, cootnins the words “ corps of troops,” and the 12tlt section of the net of 1821, uses the term “ corps," out of which the force iGained was to lie constituted. It is conceded that omission bad an object. But it was not iri- '••I'ded that that omission should give to the President a w ider range, or place his disci " don above the provisions of lhe law, hut was designed alone to improve the phraseology of the section, hy omitting a supoifluou > word, without affecting the obvious meaning, of that section. If it were necessarv furtl e to prove that the pay d> pin ttnenl does no, constitute one of the ‘‘ corps” of the am. out of which the army retained was to ! composed, the committee would refer to ti-

Georgia Historic Newspapers

Southern recorder. (Milledgeville, Ga.) 1820-1872, May 28, 1822, Image 1