Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-11-12

cordance with Military law, and, under this So
lemn conviction would stamp the crime OF o'so.
bedience with the severesi punishment; out
they are induced in the present instance 10 pass
so mild sentence in consideration OF The for-
mer fai,hful services Of the accused, and from
the belief, ION the par, Of the Cour',) that ne
nigh, have acted under an erroneous impress
.ion Of his obligations AMI duties in relation 10
the particular de partment in which ne was Ser'"
ing" .,;.
H.. In consequence Of the TRANSACTIONS
which gave rise 10 The ordering of the General
Cour, Martial, of which Major Crane, is Pres,
ident, relating exclusively 20 matters cohheCteo
with the Military Academy, the Hene ~,
Chief submitted the proceedings 20 inc wv, wAl
Department.: the report of the oecretary0' war
thereon, and the decision ,of the fresiae", OIL
The United States, in the case OF Capt. Maekay,
are herewi'h published for the lniormauoh Oh
all concerned.
Remarks on the proceedings in Capt Mac
DEPARTMENT OF WAR.
October S!h, 1928.
The laws Of the United States, and the keg
ulations OF This Department, recognise the e4-
is,ence oftwo separate Military Establishments
and Commands al Yves, Poin', NAMELY.
The Garrison, or company OF Arlier!s's DE-
longing TO the Army proper, and constituting
the Military Pos, Of Yves, Poin', and
The Military Academy, which Is separate
Institution.
The act OF Mach 18th, 1902. authorizes The
presiden, oi the United States to organize a
Corps OF Engineers, to consist oil certain COM
missioned Officers and Cadets; and directs. thai
when organized, it shall be stationed at West
n Aca
BY the same act, the superinendence u the
Academy is given to the Senior Officer OF En-
gineers who may be present.
The superintendence OF The Academy has
been uniformly construed by the War De-
par lment, 10 comprehenda right TO the Militia
nv command Of the Institution: and so entirely
exclusive has this right been deemed, tha, the
Army Regulations (see Nos. 1914 and 1879
forbid, MOI only the staff OF the Academy; bu,
| all Officers Of the Army, whatever be their
grade, the exercise Of any command In the A
cademy, unless subordinate to the superinen-
dent.
The act of pril 29th, 1912, repeats the Goth
section Of the &C, Of 800, SO far, and so far on
| ", as that section confines the selection Of the
commander Of the Cops OF Engineers, 10 that
Corps still leaving the superln Evidence OF NE
Academy where il had before been placed,
namely. in the senior Officer Of Engineers PEE
sent. For il the President were 10 selec, and
appoint under the authority OF the last act, a
person not Of The Corps Of Engineers, 10 be the
COMMANDER Of il, HE could not &C: as super
intendenl, unless the effect oil such selection Il
appointment were to constitute him one OF the
Corps
Lieut. Col. Thayer Of the Engineer Corps,
has been appointed, in Pursuance OF the Regu-
la,ions, the permanent superintendent OF the
Academy, &, as such, has command of The lnsii'
tution--the officers OF that Corps, Of higher
| grade having been Withdrawn and employed on
other service. He, too, has, ordinarily the Com
mand of the Garrison or Post Of West Point
not however, in virtue Of his appointment
as superintendent, but as senior officer in
rank Of the Arny stationed az that place.
IT an Officer Of higher grade in the Army, but
mol in the Corps oil Engineers were located at
West Point, he would supe, sede Lieut.. Col. rha
yer in the command of the Post, but not OF the
Academy. During the late absence OF Lieut..
Col. rhayer, the temporary command OF the
Post. de,oved on Major Worth as the senior
officer of the Army al that station; but The su
perin,endence Of the Academy was transferred,
by law, to The ofic. next in rank, then present,
Of the Corp Of Engineers Ma or Worth not
being an officer Of tina, Corps, nor having been
selected as he Commander Of it by the Presl-
dent, could i'll no event be entitled 10 the com. .
mand.
The Quarter Master stationed at West Point,
is charged with the double Office Of Quarter
Master for the Academy, and for the Post.
AS Quarter Master of the Academy he erects
and repairs all buildings appertainiHg 10 the In
s,itu'ion, purchases and supplies cioihng, fuel,
stationary. &c. Ia The Cadets and Officers OF
it, under the dire clon Of rhe Superintendent at;
and renders his accounts to the Engineer De-
partmrnt.
AS Quarter Master Of the Post, he furnishes
quarters fuel, sc. 10 he Soldiers Of the Garri-
son, un'er the orders Of the Quarter Master
General, to whose Department he is accounts
BILE for his expenditures in this capacity.
Tbs house in ehcn Major Worth resides,
and in relation to the repair Of which the con-
troverted order was given, belongs to the Mili-
taiy Academy, am is occupied by him as a
Professor Of the Institution ant. the expense Of
its repair well as Of its erectlon,is chargeable
To the specific appropriations made for the