The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1862-02-10

The damaging effect u the cause Of the re-
belion by the capture OF For. Hen y, follow.
ing 50 closely on the defeat of Humphrey
Marshall and Zollicoter cannot be everest.
mated. An advance upon Nashville will !
probably he the next move which will dis |
lodge Buckner from Bowling Green, and let
Gen Buel's immense column move forward |
upon Tennessee at all points.
GOV. YATES USURPATION EXPOSED
Hon. Austin Brooks, member of the con.
stitutional convention, writes to his paper, the
Quincy He,dld, under date Of Springfield,
Jan. 81, the following mastery exposition Of
the usurpation Of authority by Gov. Yates,
in taking the appointment Of regimental Off
GERS awey from the regiments. II Gov Yates
has any friend, anywhere who can answer
it, we should be glad to see him try Mr..
Brooks says:
Yesterday Gov. Yates sent into the Conven
ton communication responding to two or
three different resolutions adopted Some days
ago, one of which called upon him to inform
the convention by what authority he had dc
prived the troops sent into the field from this
state the right to elect their own regiment.
al and battalion officers, aud had appointed
officers for them, In reply 10 that inquiry,
| the governor says
! "Whatever power or control have in or
gani2Ing, recognizing and preparing for
service, or issuing commissions to their off.
GERS. is conferred upon me, not by the consti.
tuition or laws Of this state, but 10y the laws
Of congress and orders of the war depart
ment.
The fourth section in the last named act
provides that the president shall appoint
their brIgadler generals and major generals
and that the governors Of the states furnish
/ ing volunteers under this act shall commits.
! sion the field, staff and company officers eX
| cept in cases where the state authorities re-
| fuse or omit to furnish them AZ the call or on
the proclamation of the president, in which
eases the president Shall have power 10 ac
cept their services, and to commission the
proper field, staff and company officers.
The tenth section Of SAID act, however,
provides that when vacancies should occur
IN any Of the companies Of volunteers, an
election should be called by the colonel Of
such regiment to i'll vacancies, and the per.
son SO elected should be commissioned by the
governor, Of the states, or by the president
Of the United States but BY the third section
OF an act OF congress approved August 9th,
\. y. 1851, vacancies thereafter occurring
among the commissioned officers Of volunteer
regiments shall be filled by the governors of
the STATES - hpptIEpIN tho me nv
a. ,r;,n,i .nnni,,t,,,n,,,. a,,i 'n'J ''".''
~ saii tnnth tact;nn ri,nJ 40 r",,,a. I Wv"
,i,. =. an ,,,,h ,,,,a,,,,,. '.,.,,',J wv
81 l,yr'nnt rrtsrreI ~ ih~.o ,,rs t,r .,o
,,nrno.o If clo;nn;n, nnlor .to,, rt;tn an
mower hut tn show th,t ,yhn,oror a,,,,'',,:'
ment. hoy. maI. without frs, ro',n,.r,In,n
ciection hovc nnf been r,nln j., ,,;aIa;nSn'
law
I..,,,
-, ,' 'r''' INV ,''' governor IePuu'h'es
w. k,1 " ,'',''''' "'!u c'a,l'7 s'la'
W. w "f'P'"A "'"ccrs ioF
'''r ,,'".''' tI'''I1 VI ',''" state uhuer
,t'', ,.,I' "', law ne say - PROVIDES
I " ''Ic S'Nte> i"rh'Suihg
49,, f,iI 'wi '"', az 'n"'' '".'l'n.SS,oh
w., w.: "1'u' ?''n ",'u c''nPahy oIHcGFS' Under
,,,' f;'.'i -, I'''.i''" '',r ''T''' |" "PFo"u
vie 'S'''c"'"t ana ''n'r o'heer'' j. gu Will
"pS'''' '''"I '"c Ia" u congress, &s the gov
' n'">e'' P'''e' 1t, does not say he shall
""'' Po"er 70 ,dppotW these Officers, but
SIMPLY 'nat ne Shaii 'c"m".'ss'oh' them
ihefe Is grand distinction and difference
between appointing or stectng officers, and
tomm'$StoHh9 them. The governor, by the
laws OF TINS state, Is authorized and required
to COMMISSION justices of the peace and vari.
Gus other officers, but he is not authorized to
elect or appoint them. But to show that the
governor himself has not pretended to derive
his authority from the act of congress, as he
now says he has it is only necessary to refer
to the fact that he has not claimed or exercis-
ed the right to appoint the cou,po,v officers
and yet the act Of congress saws he shall
commission field, staff and company officers "
If the authority to commission tho reg;menta)
and battalion officers gave him the r;ybt 70
appoint them, then it gave him also the r;,b,
to appoint compony officers So far ~
know, he has not claimed or exercised tho
right to apnpipt counopv ,e;cor. In, L1.
erclsed the right Of commissioning them. But
ii the act of congress conferred upon the gov.
ernor the authority TO appoint the officers, as
he claims it does it will be seen that it would
compel him to appoint company rs well As
field and staff ofhcers-for it SAYS the govern