7 [ 1 ] 



■or the order, for had my suspicions been justified and the facts garnered 

 against nie, sustained by any just evidence, 1 was the rather prepared to 

 teniler my conuaission than elicit a more general exposure by fruitless ex- 

 postulation or remonstrance. The military and official injury however re- 

 •nuiins in full force against me, so long as the order in question remains un- 

 rescinded. 1 was in command of the post of Jefferson barracks by virtue 

 lof my senior line rank, under the iy2d Article of War, which directly in- 

 vests me with that right, unless the Presitlent should specially direct other- 

 'tt'ise according to the nature of the case. 



Is it mere imagination for me to suppose that the words '' according to 

 •the nature of the case" mean nothing? that thereby circumstances are not 

 alluded to, which varying in their character, may sometimes attach to a cas(! 

 making it necessary for the Executive interposition but witliout which his 

 right to do would be incomplete. 



Can it be supposed for one moment that this clause was intended to give 

 •unconditional power to the President to degrade an officer without causer 

 and without consideration? It will not lie so contended by any one. The 

 converse of the proposition is then equally true and clear, that if the cir- 

 cumstances should not l)eof a character to warrant his intei'position he could 

 not do so legally : without this construction of the article the power would 

 •run at once into the full })0wer to strike an officer fiom the rolls without, 

 cause and without responsibility. Whatever may however, be the con- 

 struction placed upon it, even if it should be deemed to convey the unlim- 

 ited power to strike from the rolls of the army, my argument remains un- 

 impaired. The President cannot justly strike an officer from the army rolls 

 from mere caprice. I deny not the power but the right, no one will con- 

 tend that he could do this act without cause and justify himself to himself 

 •or his country. The act in my case is but one degree short of striking 

 from the rolls. The ditierence is, in the one cfise the Commission is actu- 

 ally taken away; and in the other the Commission is retained, but the 

 sting is left to rankle in the feelings of the officer degraded. The arrow 

 is with(h'awn in the latter case but the poison remains. Will it not be seen 

 that all officers of the army, and every one who might know and contem- 

 plate the case, will at once ask, "what was the nature of the case".' 

 What caused this strong remedy .' What has this ofl^cer done to warrant 

 this high and ultimate power of interposition by the President given to him 

 to meet extraoi^dinary events arising in the public service and must l)e aj)- 

 plied only "according to the nature of the case.' If then it is admitted 

 that he could not, and I am sure he would not do this act wantonly and ca- 

 priciously, will the President suffer me to remain under the stigma which 

 unavoidably attaches from an oi'der that implies so much? 



It it should be argued, that the President would derive a general justifi- 

 cation for the act in the huuhible motive of rewarding a gallant and meri- 

 torious officer for services in the field, I should reply, that whilst the bre- 

 vet was introduced and applied for the high purposes of distinction to those 

 who might deserve them, the law never intended, that by their application 

 they should equally degrade those who were not fortunate enough to get 

 them. I respect brevets greatly, and am willing to do them just honor 

 whenever and wherever I find thcui; Iiut I cannot conceive that whilst I 

 award to a deserving officer the high merits which this disfinclion in)plies, 

 I must acknowledge at the same moment, that I am in an equal degree hu- 

 ndliated and depressed. The law did not intend it so. The. practice has 



