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EXECUTIVE USURPATION •
IN THE
Hemotwl of ittilitarj) ©fitters.
We place before our readers to-day, the pro-
ceedings in secret session of the Senate, in re-
lation to the removal of Messrs. White and
WetmoRE, chiefs of staff departments, on the
nomination of the Governor. These proceed-
ings include, it will be seen, the able and con-
clusive report of Mr. Foster, as the minority
of the committee on the militia, and the manly
and appropriate protest of Gen. Wetmore,
Which the majority refused a place on the exec-
utive journals. It will excite no surprise, that
partizan legislators, who could so far prostitute
their stations, as to register the edict of a party
executive under circumstances far better calcu-
lated to display their servility to the central
power than their devotion to the constitution,
Were unwilling to allow a clear and calm re-
monstance against the usurpation a place on
their journals, As the removal was without
notice, and without even the forms of trial, it
Was not to be expected that the Protest of the
accused—if accusation there were—would be
permitted to stand on the official records in juxta-
position with the act it condemned.
When the constitution required a statement of
grounds” as the justification or reason of re-
moval, it implied, unquestionably, something:
Inore than tlie caprice or partizan objection of
the Executive-—such as would demand an ar-
raignment before the senate or before a court
martial,—and such as, on conviction, in the lan-
guage of the Protest, would “ justify the sever-
est penalty which can be inflictedupon an officer.”
If removals embraced within this provision of,
the constitution, may be made upon any frivi-
tous or empty pretence of “ground” which a
Weak or profligate Executive may choose to as-
sign, they may be made without the assignment
of‘ any cause whatever. And we cannot but
commend the Governor’s appreciation of his
own utter destitution of all valid ground of re-
moval, when he recommended, as he did in the
first instance, the ejection of Messrs. Wetmore-
and White without the assignment of any cause
whatever.
For a full exposition of the idle and frivolous
grounds assigned in this instance, w^e refer to
Mr. Foster’s' report. It is entitled to an at-
tentive perusal by every citizen, and especially
by every man holding a military commission,
in the state. We shall add to it, in the course
of a few days, sketches of the speeches of
Messrs. Hunter, Paige and Strong, in the
secret session on this subject, which hold up to
the public judgment, and as we believe to the
public condemnation, the conduct of the Execu-
tive and his subservient auxiliaries in these acts
of usurpation, in strong but true lights. *
It is probably known, that these appointments,
(the Pay-Master and Quarter-Master Generals)
except in a state of actual war, are merely
honorary—and that the incumbents' derive no
emolument from them. The Executive there-
fore, for his readiness in this instance to tram-
ple upon tlie constitution, and upon all past mili- „
tary and legislative usage under it, cannot offer
even the poor reason that some hungry servitor
demanded the place as the means of subsistence,
The new appointments are bestowed undoubted-
ly as honorary rewards upon favorites—but
coming from such hands under such circum-
stances, they bring with them little of that quali-
ty beyond the word.IN SENATE,
SECRET EXECUTIVE SESSION.
Friday, Jamary 8, 1841.
A message from the Governor, delivered by his
Private Secretary, was received and read in the
Words following, to wit:
“ To the S^feate:
“ Gentlemen—I recommend that Campbell P. White
he removed from the office of Quarter-Master General
of the militia of . the state. I nominate Spencer S.
Benedict, of the city of Albany, to he Quarter-Master
General of the militia of the state. I recommend that
Prosper M. Wetmore be removed from the office of
Bay-Master General of the militia of the state. I no-
minate Day Otis Kellogg, of the city of Troy, to be
Pay-Master General of the militia of the state.
(Signed)	William H. Seward.’7
Which message was referred to the standing com-
mittee on the militia.
Saturday, January 16.
Mr. PAIGE moved the following resolution:
“ Resolved, That the standing-committee having in
charge the recommendation of the Governor for the
removal of Campbell P. White from the office of Quar-
ter-Master General, and of Prosper M. Wetmore from
the office of Pay-Master General, be discharged from
thS consideration of the same, and that it be referred
to the Governor, to the end that he communicate to
the Senate the grounds on which he recommended
such removals, as required by section 4 of article 4
of the constitution.”
Mr. LEE moved to lay said resolution on the
table.
Mr. PRESIDENT put the question on agreeing
to said motion, and it was decided in the affirma-
tive. The yeas and nays being moved and se-
conded were as follows, to wit:
Affirmative—Messrs. Dickinson, Dixon, Hawkins,
Hopkins. Hull, Humphrey, Hunt, Lee, Livingston,
Maynard, Moseley, Nicholas, Peck, Platt, Root, Tay-
lor, Verplanck and Works—19.
Negative—Messrs. Clark, Denniston, Ely, Foster,
Hunter, Paige, Scott, Skinner and Strong—9.
And no further action Was had on said message.
Tuesday, April 13.
A message from his Excellency the Governor,
by his Private Secretary, was received and read,
in the words following, viz:
11 Executive Chamber, Albany, April 13th, 1841.
“To the Senate—I recommend that Campbell P.
White be removed from the office of Quarter-Master
General of the militia of the state, and that Prosper
M. Wetmore he removed from the office of Pay-Master
General of the militia of the state, for the cause that
it would he more convenient for the military service
that the incumbents of both those offices should reside
nearer the cajfitol of the state, and for the further
cause, that it is in conformity to military usage that
they should be appointed by the Commander-in-Chief,
with whom they are required to serve. I nominate
Spencer S. Benedict, of the city of Albany, to be Quar-
ter-Master General of the militia of the state, and Day
Otis Kellogg, of the city of Troy, to be Pay-Master
General of the militia oi the state.
(Signed)	William H. Seward.”
Which message was referred to the standing com-
mittee on the militia, consisting of Messrs. Lee,
Foster and Dickinson.
Monday, April 26.
Mr. STRONG oflered the following resolution:
“ Resolved, That Campbell P. White, Quarter-Mas-
ter General, and Prosper M. Wetmore, Pay-Maslef
General, in the militia of this state, be notified of the
causes stated by the Governor for their removal from
office.”
Mr. LEE moved that the said resolution be laid
on the table.
Mr. PRESIDENT put the question on agreeing
to said motion, and it was decided in the affirma-
tive. The yeas and nays being moved by Mr.
Strong were as follows:
Affirmative—Messrs. Dixon, Furman, Hopkins, Hull,
Lee, Livingston, Moseley, Nicholas, Feck, Platt, Sib-
ley, Taylor, Verplanck and Works—14.
Negative—Messrs. Denniston, Ely, Foster, Paige,
Skinner and Strong—6.
Then the doors were opened.
Friday, April 30.
Mr. LEE, chairman of the standing committee
on the militia, to which was referred the message
of the Governor of the 13th inst., for himself and
Mr. Dickinson, composing the majority of the
committee, made a verbal report thereon, con-
cluding with the following resolution;
“Resolved, That Campbell P. White be removed
from the office of Quarter-Master General of the state
militia, and that Prosper M. Wetmore be removed from
the office of Pay-Master General of the state militia,
in pursuance of the recommendation, and lor the
causes stated, by his excellency the Governor, in his
communication to the Senate.”
Mr. FOSTER, from said committee, dissented
from the report of the majority, and read, and
submitted to the Senate the following report, con-
taining his views of the subject referred to them:
To the Senate:—The undersigned, one of the
Standing Committee on the militia, to which was
referred the message of his Excellency the Gov-
ernor of the 13th instant, recommending “ that
“ Campbell P. White he removed from the of-
“ fice of Quarter Master General of the militia of
“ the state, and that Prosper M. Wetmore be
ec removed from the office of Pay Master General
“ of the militia of the state; for the cause that it
“ would be more convenient for the military ser-
“ vice that the incumbents of both those offices
“ should reside nearer the capitol of the state,
“ and for the further cause that it is in conformity
“ to military usage that they should he appointed
“by the commander-in-chief with whom they
“ are to serve:” Reports—That the committee
have had the same under consideration, but have
been unable to agree upon the subject therein re-
ferred; and the undersigned asks leave to pre-
sent to the senate his own views and opinion of
the case.
Before examining the causes assigned for the
removal of those officers, it is perhaps proper to
premise that they reside in the city of New York—
that they have held, and have served under, their
present commissions for many years—are capable
and faithful officers, and gentlemen of high mor-
al character and standing—that no complaint has
been made that they have at any time failed in
the proper discharge of their military duties, or
that there is any thing in their manners or deport-meftt which Should render them or either of them
personally disagreeable to the commander-in-
Chief: And the Undersigned has been unable to
learn that any cause whatever is alleged for their
removal, except those stated in the said message
and above set forth.
Waiving, for the present, all constitutial objec-
tions to their removal; and assuming (for the sake
of the argument) that it rests solely in the discre-
tion of the Governor and Senate; the undersigned
would respectfully, but confidently maintain, that
the senate ought not to exercise the power of re-
moval for such causes as are assigned: that to do
so would establish a precedent, entirely new and
uncalled for by any reason of justice or conve-
nience—calculated to prevent high-minded and
honorable men from accepting commissions in
the militia—and would result in filling the offices
with those only who to become officers, would
consent to forfeit their self respect as men, and be-
come the partisans of whatever political party
might for the time being be in the ascendant in
the state.
The first cause assigned by his Excellency is,
“ That it would be more convenient for the military
service that the incumbents of both those offices should
reside nearer the Capitol of the state.”
It is true that the cause assigned involves the
question whether a chief of either of the staff
departments may reside in the city of New York:
but it would have been better if the practice here-
tofore prevailing is to be changed—that some li-
mits should be defined by his Excellency, within
which it is supposed such officers should reside;
bo as hereafter to prevent Governors and Se g tes
from appointing persons, who reside too far from
the Capitol;-and thus save the necessity of again
resorting to removals of long tried, faithful and
competent officers, in order to correct mistakes,
in location, made by the appointing power.
In order to ascertain the proper location of such
s^aff officers, it may be well to refer to the past
—to enquire into the organization of the staff de-
partments—and ascertain where the incumbents
have heretofore resided.
The chief of the staff departments are, the Ad-
jutant General, who is appointed by the Gover-
nor; the Commissary General, who is elected
by the legislature, and holds his office for three
years; and the Judge Advocate General, Quarter
Master General, Pay Master General and Surgeon
General, who are appointed by the Governor with
the consent of the senate; the first four of whom
have the rank of Brigadier General, and the oth-
er two, that of Colonel.
Campbell P. White was promoted to the office
of Quarter Master General about nine years since,
having for twelve years before that time held the
office of Pay Master General; and Prosper M.
Wetmore was appointed Pay Master General to j
till the vacancy caused by such promotion. They
then resided where they do now, and have done
so at all times since their appointment; and their
residence was knowA to the Governor and senate
when their appointments took place. The ap-
pointing power expected they would continue to
reside where they then lived; and any proceeding
now, to remove them because of their location,
is a reflection upon those who were the only con-
stitutional judges, of what was, or was not, a
convenient location.
Not only did the Governor and Senate who ap-
pointed Messrs. White and Wetmore, decide that
their location was a proper one, but we have the
3
fact, that as far back as We are able to trace tiit*
incumbents of those offices, which is for many
years; not a single Quarter Master General, Pay
Master General, or Surgeon General, has ever re*
sided elsewhere than in the city of New York.
It will also be found that for a considerable
portion of the time, the Adjutant General has re-
sided there—that the Commissary of the military
stores, the title of which officer was in the year
1818 changed to that of Commissary General, has
ever since the year 1789, with the exception of
about three years, been filled by persons residing'
in that city. The duties of the last named officer
require much more frequent communication with
the Executive than is necessary between the lat-
ter and the Quarter Master General, or Pay Mas-
ter General; and the Commissary General has,
since the adoption of the present constitution,
been elected every three years; and yet it appears
not to have even been discovered that it would be
more convenient that he should reside nearer to
the Capitol.
There is another class of staff officers whose re-
lations to the commander-in-chief are much more
intimate than those of the Quarter Master Gener-
al or Pay Master General:—his three Aids and
Military Secretary. They receive their appoint-
ment from the Governor alone* They compose
his military family—they are his staff; and each
Governor has a right to appoint his own; so that
their commissions expire with the office of the
commander who appoints them; and yet it has
been the practice of Executives to select at least
a portion of them from parts of the state, distant
from the Capitol: as in the case of Governor
Throop, one of whose Aids resided in Utica: of
Governor Marcy whose Aids resided in the cities
of New York, Utica and Troy: and of Governor
Seward, one of whose aids resides in the city of
New York, and one in Ogdensburgh, 220 miles
distant from the Capitol.
It would seem, therefore, that any inconveni-
ence to the military service, arising from the re-
sidence of staff officers in the city of IS ew-York,
must have entirely escaped the notice of all for-
mer Governors, and of both branches of the legis-
lature. That his Excellency the present Gover-
nor failed to discover it, until the commencement
of his second term; and even now, the inconveni-
ence appears to be so general and indefinite, that
the Senate are left to conjecture in what it con-
sists: and it is so unimportant too in its character,
even in the estimation of the Governor, that while
he deems it to be sufficient cause for removal in
this particular case, it is not considered an objec-
tion to his appointing his Aids from the same,
and more distant parts of the state.
If the convenience of a nearer residence to the
capitol were conceded, (which it is not) still the
j'inconvenience is manifestly too slight to require or
justify a correction?so arbitrary in its character as
that sought to be applied; and for the reason that
as yet there is no evidence before the Senate to
authorize a removal for the cause assigned, even
upon the most loose construction of the powers
of the Senate. The wrong, if any, is that of the
former Governors and Senates, who have made
appointments under the belief that persons from
all parts of the state were eligible: That no citi-
zen resided so far from the capitol but that lie
might lawfully receive any state office in their
gift; and who supposed it unnecessary to require
from a class of officers like those of Quarter-Mas-
ter General and Pay-master Genera! ( "•’ho receive4
no pay or emoluments except when in actual ser-
vice in time of war or insurrection) that they
should remove their residence, and break up their
business as the price of their appointment: and
although we are now favored with this new light
upon the subject, still the undersigned submits
that the punishment for that supposed wrong
should not be inflicted upon the incumbents—who
have discharged all their duties with promptitude
and ability, and have continued to reside where
they might well suppose their residence was de-
sired, or at least expected—until it is manifest
that they have been informed of the inconvenience
and an opportunity is afforded to them of provid-
ing a remedy for it by a change of residence. It
does not appear to the Senate that they have re-
ceived any notice that their nearer residence to
the capitol was desired, and for aught that is
shown, a mere intimation to them of the suppos-
ed inconvenience would save the necessity for
senatorial action against them.
It is believed that any inconvenience arising
from the location of the present Quarter-Mastei
General and Pay-Master General, is chiefly con-
fined to those officers. The principal duty which
they have been called upon to perform under his
Excellency the present Governor, was to attend
him when engaged in reviewing regiments or
brigades: and they have at all times promptly
performed the service, whenever they have
known that such was his pleasure. The incon-
venience, on the part of liis Excellency, must
have been in transmitting to them his orders: and
when we recur to the fact that it would be equal-
ly proper, at least, to have his Aids present; and
that one of them resides in the same city, and
another much farther off; it will be readily seen
that no delay, and very little extra trouble, will be
occasioned in giving them timely notice. It is
presumed, however, that the Senate will not re-
move them for any such inconvenience on their
part, upon the application of the Governor; for if
it shall become burthensome to them, they can at
any time relieve themselves by a voluntary resig-
nation.
The second and remaining cause assigned for
the removal is, “ that it is in conformity to military
usage that they should be appointed by the commander-
in-chief with whom they are to serve.”
The undersigned is unable to ascertain to what
<c military usage” his Excellency refers; but upon
an examination of the practice in this state, he
finds that the heads of all the staff departments,
with the exception of Adjutant General, have
continued in commission during several Guberna-
torial terms; and the same has also sometimes
happened in the case of that officer: And he re-
fers the Senate to the following instances:
In 1825, 1ST. F. Beck was appointed Adjutant
General, and he continued in the office until 1831,
during the executive terms of Governor Clinton,
acting Governor Pitcher, Governor Van Buren,
and until after the election of Governor Throop.
Gerrit V. Denniston was appointed Judge Ad-
vocate General in 1821, under the old constitu-
tion, and continued in office until 1836.—
William Bayard, jun., was appointed Quarter
Mastei* General from 1820 to 1832 when Camp-
bell P. White was appointed. Samuel L. Mitch-
ell was appointed Surgeon General in 1819, im-
mediately after that department was organized,
and continued in commission until 1832, when he
was succeeded by Richard Pennell, the present
incumbent. Prosper M. Wetmore has been Pay
Master General since 1832, when he succeeded
Campbell P. White. Alexander M. Muir was
Commissary General from 1821 to 1833, and was
succeeded by Henry Arcularius, who was re-elec-
ted in 1836, and in 1839, and when his term expir-
ed, was succeeded by Adoniram Chandler, the pre-
sent incumbent.
Since the adoption of the present constitution
there is not a single case within the knowledge
of the undersigned where a military officer has
been removed to make room for one to be ap-
pointed by the commander-in-ehief with whom
he was to serve. Indeed, not a single officer with
the exception of the Aids and military secretary
of the Governor has been changed, unless by
death, resignation, the decision of a court martial,
or upon some ground rendering him personally
unfit to hold his commission, or incompetent to
discharge the duties of his office: And yet it has
before happened that the staff officers have stood
in the same political relations towards the com-
mander-in-chi ef that are sustained by Messrs.
White and Wetmore towards his Excellency:
and where the personal acquaintance was no more
intimate than is the case in this instance.
The usage in this state not only fails to justify
the removals for the cause last assigned, but on
the contrary shows, that until now, the universal
opinion has been that a removal for such a cause
could not be justified.
Besides, the course pursued by his Excellency
the Governor, towards those officers forbids that
the Senate should now remove them for the cause
all edged; for he has acknowledged and treated
them as staff officers—has issued his orders to
them as such; and they have with him discharg-
ed their duties as staff officers in pursuance of the
orders so received; and affer having continued
those relations towards them for more than two
years, it is too late for the Senate to remove them
merely because he would prefer the appointment
of others in their stead-
There is no usage under the Federal Govern-
ment which will justify such removal; but on the
contrary, the chiefs of the staff departments have
continued without reappointment to hold their
offices during the administrations of several Pre-
sidents. As for instance, John E. Wool, was ap-
pointed Inspector General in the year 1816, dur-
ing the administration of Mr. Madison: Thomas
S. Jessup, was appointed Quarter Master General,
and George Gibson Commissary General of Sub-
sistence in the year 1818: Nathan Towson was
appointed Pay Master General in 1821; and Roger
Jones was appointed Adjutant G eneral many years
ago: all of whom still continue to hold their re-
spective offices under their original appointments:
Joseph Lovell was appointed Surgeon General
in 1818, and continued such until his death, when
he was succeeded by Thomas Lawson, the present
Surgeon General. And no case has been found
where a President has removed a staff officer ex-
cept for misconduct in his office.
But if such a case could be found, it would not
furnish a precedent for the removals now recom-
mended, for in the army of the United States, staff
officers have a rank in the line, and have commis-
sions as such: and if removed from stations in
the staff it is but a change of duty; for they re-
turn to the line and continue in commission, of
which they are never deprived unless they are
found incompetent or unworthy: or when it be-
comes necessary to reduce the number of officers
to correspond with a reduction of the rank andfile of which the army is composed. In short,
not a case can be found where an honorable and
competent officer has been deprived of his com-
mission in order to bestow his place upon a per-
son more congenial to the taste of the Command-
er in Chief—such a course would drive from the
army every honorable and independent spirit,
which could not brook gross insult, and would
fill their places with a class of men, famous only
for securing* the emoluments of office in time of
peace, and for skulking from their duty whenev-
er its performance was attended with personal
danger.
In view of the facts to which the Senate has
been referred, is it not manifest that convenience
does not call for the changes desired? That no
usage—either in this state, or in any other to
which a republican should look for his examples
—will sanction such proceeding: and that the
principles of natural justice—a proper sense of
what is due to officers who have, in all respects,
acted up to the responsibilities of their station—
the necessity of giving stability and character to
the militia of the state, and preventing those
jealousies and heart-burnings—(and it may be
added,) that abject dependence upon the appoint-
ing and removing power which would sap the
foundations of oiu* militia system,—-imperiously
forbid that we should countenance a removal for
the causes set forth.
There are still higher and more important rea-
sons why the Senate should not remove these of-
licers; and the first is, that it would contravene
the plain import of the constitution.
The former constitution of this State declared
<ithat all military officers be appointed during plea-
sure; [section 24 of the former constitution.] And
under that constitution, it occasionally, though
very seldom, happened, that removals of militia
officers took place on slight and insufficient
ground:	And when the present constitution was
framed, the convention applied what they sup-
posed to be a thorough remedy by engrafting in-
to it the following provision: “The commissioned
“ officers of the militia, shall be commissioned
“by the Governor: and no commissioned officer
“ shall be removed f rom office, unless by the Senate
<( on the recommendation of the Governor, stating
“ the grounds on -which. such removal is recommended,
<c or by the decision of a court-martial pursuant to
<!t law. The present officers of the militia shall
(i hold their commission subject to removal as
“before provided.” [Constitution, Articled, sec-
tion 4.]
It would seem from the language of the consti-
tution that its framers intended to prevent all
abuse of discretion in the removal of militia of-
ficers, by taking away that discretion; and to give
to the then officers, and all succeeding ones, all
the independence and permanency consistent with
that subordination and propriety of conduct ne-
cessary to ensure the best interest of the militia
and of the people at large; and that they never could
have intended to permit the removal of officers
once duly commissioned, except for causes, which
rendered them incompetent to the performance of
their duties or unworthy of their station: still less
that removals were to be permitted for political
considerations; for then a man's fitness or unfit-
ness would not depend upon his own qualifica-
tions, but upon the political views of another:
so that during one executive teim, the incumbent
might be a “marvelous proper” officer, and the
next utterly incompetent for the station; and
again the third term, every way well qualified;
and he might be put in and turned out, from time
to time, upon constitutional grounds, and yet during
all the time, his own conduct and personal quali-
fications remain unchanged.
The construction which the undersigned con-
tends for, will be strengthened by the fact that in
reference to the civil offices in the state, except a
very few of the highest judicial character, that
instrument provided that their commissions should
expire at short and stated periods, or left their du-
ration to be fixed by statutory enactment; while
in reference to militia officers,who receive no sa-
lary, they left no discretion to the legislature in
prescribing the term, but in effect declared it to
be during competency and good behavior.
Neither did the constitution mean to permit the
rights of an officer, or the duration of his office,
in any degree to depend upon whether he pleas-
ed the fancy of his superior, or to countenance the
idea that it would be improper lor a commander
and any portion of his staff to be of opposing po-
litical creed; or in any way to favor a division of
the militia, or its officers, into political squads.—
If he was a discredit to the corps to which he be-
longed, it intended to provide for his removal,
and if not, to sustain him against all assaults.
But we are not left to the language of the con-
stitution, alone,—though that appeal's to be amply
sufficient to sustain the incumbents—for the com-
mittee on the appointing power, consisting of
Messrs. Van Buren, Birdseye, Buel, Collins,
Child, Edmonds and Rhinelander, who reported
the section of the constitution, just read; stated
also through their chairman, Mr. Van Buren, that
they thought moreover, that there was some-
thing, peculiarly improper in subjecting the
commissions of militia officers in any degree, to
the fluctuations of party, and they had
therefore recommended, that they should not be
removed except by a court martial, or by the se-
nate, on the recommendation of the governor,
and even then that the governor should state the
reasons for requesting the removals”—[N. York
State Convention page 300.] This, let it be re-
membered, w^as stated by the chairman for the
committee, and as its opinion, and there was not
one dissenting voice against it; and so unanimous
did the whole convention appear to be in the same
opinion, that the section underwent no further
discussion, and passed unanimously.
It would be useless to spend further time in il-
lustrating and proving, what the constitution and
the report of the committee to the convention
have made so palpable—that it was intended to
make the militia and its officers as independent of
the appointing power as possible—to take from
the executive of the state, the mighty influence
for good or evil, consequent upon the appoint-
ment of all the militia officers, and for that pur-
pose provided for the election of the great mass
of them by their subordinates—and also to pre-
vent any thing like a political interference with
them after they should have been commissioned.
The objects sought to be accomplished by the
removals and appointments recommended, are
two fold: To displace the present incumbents
who are politically opposed to the Governor, and
to fill their places with the persons nominated,
both of whom are active political friends of lr'3
excellency; and also to locate the staff officers in,
and near Albany.
As a question of expediency, alone, the. under-
i signed has failed to discover any good reason forrilling the places of those officers with political
friends of the Governor; as he believes that the
chief Executive officers of this state have always
had, at least as much political influence as is con-
sistent with the best interests of the people; and
that the more political power is distributed, the
more pure will be the administration of public
affairs. And if it is understood that none but po-
litical partizans of the Governer and Senate shall
he permitted to remain in the staff departments;
and that they are also to be concentrated at or
near Albany; we may well apprehend that our
militia system will become a political instrument
in the hands of the executive.
If the Governor and Senate can remove the of-
ficers in question, without any misconduct on
their part: they may set at nought the provisions
of the constitution: disregard the will of those
in whose hands the election of militia officers is
placed, and practice a surveilancc over all, of
every rank, despotic in its character, and alarm-
ing in its consequences: by means of which, the
whole force of the officers of the militia may be
made subservient to the political purposes of the
Governor and Senate. It is true, that the Gov-
ernor and Senate have the appointment of but a
small portion of the oflicers of the militia; but
they have the same power of removing every of-
ficer, from Major General down to Ensign—of
whom there are about twelve thousand—that they
have in the cases now before us. And that pow-
er of removal may he exercised until all who
are too independent to submit to political dicta-
tion are proscribed and deprived of their com-
missions. And if such causes as are stated in the
message are sufficient to justify removal, it will
• require but little ingenuity to find others, equally
plausible, whenever an officer becomes political-
ly obnoxious to the removing power. If it is
now important that the general staff should all be
of the same political creed with the Governor, it
would seem equally clear, that the same unity
of sentiment and action should require that all,
from the highest to the lowest, should sustain
the same political relations. To make the rule
consistent, Major Generals, Brigadiers, and Col-
onels should appoint no staff officers under them
but those who are of the same political faith with
themselves; and if the staff, or commander,
shouLd happen to change their politics, either of
which is highly probable, removals should take
place to remedy the evil; and if, in any event,
they happen to differ with the Governor and Sen-
ate, they should b©'removed; for it would be a
paramount obligation that they should agree with
the Commander-in-chief.
So too, to carry the new political theory into
full practice, the privates of each company should
elect none but those of their own political faith
for their oflicers; the officers of each regiment
should choose their field officers from their polifi -
cal friends, and the field oflicers of each brigade
their Brigadier in the same way: And what a
beautiful commentary, would political military
elections furnish upon the doctrine, that there
should be unity of political sentiment between
those who are to perform military duty together!
Or rather, what a direful illustration of the mad-
ness and folly of making the term of a militia of-
ficer to depend, in any degree, upon his political
views.
The doctrine strikes at the root of the whole
system. It introduces discord, where all should
be harmony, and would render our militia a curse
to us instead of a safe-guard in time of danger.
The undersigned is not aware of a single in-
stance in which a Major General, Brigadier, or
Colonel, has selected his staff with reference to
their political opinions. There may be such in-
stances, but they must be rare; and would furnish
very little evidence of the proper appreciation of
the high and patriotic purposes for which our mi-
litia system is established. Are patriotism, cour-
age, and all those other qualities of the head and
heart which constitute the good and valiant sol-
dier, confined to any one particular party ? If not,
why should those of one party be deprived of
their offices, tq make room for others, no way
more worthy than themselves except that they
agree politically with the Commander in Chief.
If these incumbents can be removed because
they do not live in Albany, so may we remove
all officers of the line, because they do not reside
in the parts of their several commands, most con-
venient in our opinion, for the performance of their
duty, or the exercise of their command.
So tod, upon the same construction of the con-
stitution, the Governor has power to remove every
sheriff, who may be politically opposed to him,
upon the alleged cause, that he does not reside in
that part of the county most convenient for trans-
acting his official business; for the sheriff holds
his office by the same constitutional tenure, during
his three years, that the militia officer does, ex-
cept that the sheriff may be removed by the Go-
vernor alone, and that before he can be removed,
he shall have an opportunity of being heard in
his defence: but of what use is it, that he be heard,
if the cause alledged against him is sufficient?—
An opportunity to be heard, is valuable only when
it enables the accused to establish his innocence
of the charge.
Or he may remove Sheriffs upon the ground
that there should be unity of sentiment between
the chief executive officer, and his subordinates:
and this would only carry out the views of Chan-
cellor Kent, as expressed in the convention; who
said, 6( it might be expedient for the Governor to
“ remove sheriffs without assigning his reasons.
“ He thought the Executive should have both the
“appointment and removal of those officers.—
The gover nor was the great sheriff of the state, and
the sheriffs should be considered in the light of depu-
ties ”—[Convention of New York, page 390.]
A like construction, would enable a governor
and senate to deprive Judges of county courts of
their office before the expiration of their term,,
for the alleged reason that they were so improp-
erly located that it was inconvenient for those
who had to do business with them at chambers:
and a reference to the constitution will show, that
the pow'er of removing them is as ample, and the
causes assigned may be as general or trifling in
their character, as in the case of a militia officer:
and if the one can be removed because his loca-
tion is inconvenient, it inevitably follows that
the other can also.
The senate will recollect that this is not the
first time that these removals have been recom-
mended. That on the 8th day of January last, the
Governor recommended the removal of the same
oflicers, and the appointment of those now nomi-
nated, without specifying any cause whatever for
the removal, although, as has been shown, the
ennstitution requires the cause to be stated.
The militia law provides that commissioned
officers who shall have served as such for the
space of four years shall be exempt from military7
duty; but no such officer shall be so exempt, un-
less by his resignation after such term of service,
duly accepted, or in some other lawful manner,
he shall have been honorably discharged from his
commission. The consequence will therefore be,
if the power claimed can be exercised, that it is
the right of the Governor and senate, at any time,
without any charge of misconduct, to reduce an
officer to the ranks; and even though he may have
served ten years, he would become subject to per-
form duty as a private; for it will not be conten-
ded, it is presumed, that such a, removal is the hon-
orable discharge mentioned in the statute.
For almost twenty years, we have acted under
the present Constitution; and during that time ap-
pointments of Militia officers by the Governor
and Senate, have been made according to -rank;
and no man has been turned out tc gratify the
spirit of party, or upon the uncertain, but ever
ready,- though dangerous, plea of convenience to
the service. And it is a lasting honor to the
great body of our citizens of whom the militia is
somposed, that even in times of the deepest po-
litical excitement through which we have passed;
those to whom the election of our militia officers
3f the several grades is confided by the Constitu-
tion, have discharged that duty with a single eye
to the good order, discipline and well being of
the service; and have indignantly rebuked every
attempt to degrade their officers, or to introduce
party politics into the election. They have felt,
is all should do, that in the prosperity of our
militia system, all have the same deep, and abid-
ing, personal interest:	That no unhallowed feel-
ing should sway those upon whose action its well
3eing may depend. That to proscribe or degrade
me faithful officer, is to degrade all—that when one
victim has been offered up on the altar of “ conveni-
ence,^ or'party spirit, and the sacrifice is acquiesced
in, it will be the commencement of a system
which will continue while victims can be found;
md from which no officer can flatter himself that
ie will be safe.
The whole body of militia will look with deep
solicitude at the determination of the question
low pending, as a great precedent about to be
established in the construction of their constitu-
;ional rights; and they will not fail to apply a
horough, but peaceable remedy, for any wrongs
which may be inflicted upon them:	To doubt
;his, would be a reflection upon their intelligence,
heir love of justice, and moral courage.
The undersigned cannot doubt that the Senate
will refuse to aid in the removal of these officers,
md thus show its sense of the importance of care-
ully maintaining the rights of the militia, and
protecting their officers from causeless and arbi-
rary degradation: for if the recommendation of
he Governor shall be concurred in, it will inevit-
ffily lead to consequences, which every friend of
he militia must deplore. Respectfully submitted.
HENRY A. FOSTER.
Mr. HUNTER presented to’the President of the
Senate the following communication from Pros-
*er M. Wetmore, which was presented to the
Senate and read:
New-York, Feb. 25th, 1841.
To the Honorable Luther Bradish,
President of the Senate.
Sir—I have learned, as well from the public
tewspapers as from general rumor, that the Gov-
ernor of this state has recommended to the Senate
ny removal from the office of Pay Mastar Gen-
eral of the Militia.
As I have received no intimation whatever
from the Governor of his intention to take this
step, I can scarcely credit the report to which I
have alluded; and I am perfectly at a loss to
imagine the grounds upon which such a recom*
mendatiou could be sustained, if made.
The tenure of my office is derived from the fol-
lowing section of the militia statute; “Sec. 9—
“ The commissioned officers of the militia are
“ commissioned by the Governor; and no com*
“ missioned officer can be removed from office un-
“ less by the Senate on the recommendation of
“ the Governor, stating the grounds on which such
ii removal is recommended; or by the decision of a
S( court martial, pursuant to law.57—R. S. chap.
10, tit. 2, page 6.
The spirit of this section would certainly imply
that the ground of removal when assigned by the
Governor, should be, in the judgment of the Se-
nate, sufficient to justify the severest penalty which
can be inflicted upon an officer. Such, hereto-
fore, has been the principle upon which the gov-
ernment of this state has been administered in
reference to the tenure of military office. We
have yet to witness the first instance of an officer
in the military service of this state, or of the Uni-
ted States, being deprived of his commission upon
other grounds than those of official or personal
misconduct. The public records are as yet free
from the stain of a removal of this nature for
opinions sake.
I am not aware that any charges have been
preferred against me; if such there be, I am
ready to answer them at the bar of the Senate or
elsewhere; nor am I conscious either of neglect
of duty in my official capacity, or of any act in
my private conduct unbecoming my station as an
officer, or my character as a citizen.
I do not ask at the hands of the Governor and
Senate, any immunity for a service of more than
twenty years in the militia of this state; but with
all respect and deference to the Senate, I demand
to be protected in my legal and constitutional
rights, against a threatened exercise of arbitrary
power.
Should the rumor upon which this communica-
tion is founded prove correct, I have to request of
you, sir, to present this my solemn protest, and
to ask that it may be entered upon the journal of
the Senate.
With sentiments of high respect and personal regard,
I have the honor to be, your obedient servant,
PROSPER M. WETMORE.
Mr. HUNTER moved that the communication
from Mr. Wetmore just read, be entered on the
journals of the senate.
The PRESIDENT decided that the motion
would be in order after the senate should have
passed upon the resolution recommending the re-
moval of the Quartermaster General and Paymas-
ter General.
After some debate upon the resolution, M r.
NICHOKAS moved that the whole subject be laid
on the table, which prevailed, and the doors were
opened.
Saturday, May 1st.
Mr. LEE moved the consideration of the reso-
lution offered by him yesterday, and after further
debate thereon, Mr. NICHOLAS asked to be ex-
cused from voting upon the resolution and he was
excused.
The PRESIDENT then put the question on a-
greeing to the removal of Campbell P. White,
frohi the office of Quartermaster General of thes
state. The yeas and nays being’ ordered, on mo-
tion of Mr. Foster, were as follows, to wit:
Affirmative.—Messrs. Dickinson, Dixon, Furman,
Hopkins, Humphrey, Hunt, Lee, Moseley, Peck, Platt,
Rhoades, Sibley, Verplanek and Works.—14.
Negative.—Messrs. Foster, Hunter, Johnson, Paige,
Skinner and Strong.—6.
The PRESIDENT then put the question on the
second branch of said resolution, to wit: “and
that Prosper M. Wetmore be removed from the
office of Paymaster General of the state militia,
in pursuance of the recommendation, and for the
causes stated by his excellency the Governor, in
his communication to the senate,which was de-
cided in the affirmative. The yeas and nays be-
ng ordered, were as follows:
Affirmative.—Messrs. Dickinson, Dixon, Furman,Hop*
kins, Humphrey, Hunt, Lee, Moseley, Peck, Platt,
Rhoades, Sibley, Verplanek and Works.—14.
Negative.—Messrs. Foster, Hunter, Johnson, Paige,
Skinner, and Strong.—6.
Mr. HUNTER moved that the communication
from Prosper M. Wetmore read yesterday, be
entered on the journal.
Mr. DICKINSON moved to amend said motion
so that the same should read that the said commu-
nication be placed upon the files.
Mr. HUNTER was opposed to the amendment
for he said he recollected that a communication
made to the senate during the last session on th«
subject of the removal of the marine judges wa
lost or mislaid, as it could not be found, althoug]
enquired for during the adjournment of the legis
lature, nor was it he believed now to be found O]
the files of the senate. Mr. H. desired thatthi
protest should be placed on the journals, where i
could not be mislaid or lost.
Mr. PRESIDENT put the question on agree
ing to said amendment which was decided in th<
affirmative. The yeas and nays being ordered oi
motion of Mr. Hunter, were as follows, to wit
Affirmative—same as before-............ 14
Negative....-........................ 6
Then the motion, as amended, was adopted, am
the communication was filed.
It was then resolved, that the senate do consen
to the appointment of Spencer S, Benedict, o
the city of Albany, to be Quartermaster Genera
of the militia of the state; and of Day Otis Kel
xogg of the city of Troy to be Paymaster Gener
al of the militia of the state.
On motion of Mr. FOSTER, the injunction o
secrecy in relation to the removal of Messrs
White and Wetmore, and the appointment o
Messrs. Spencer and Kellogg, was removed b;
unanimous consent.