Class of 1806

"That the prayer of the petitioner is for the expression of the opinion of the Senate upon the legality of the proceedings in the dismissal of the petitioner from the Army of the United States.

"The simple expression of such an opinion scarcely seems consistent with the duty of the Senate, or compatible with the public interests; for it would, very possibly, imply the necessity of ulterior proceedings not contemplated in the petition, and which it would be manifestly improper to originate on this wise, or from this Committee at all. As far, however, as the Committee may be justified in pursuing the course desired, they will proceed very cheerfully.

"The career of the petitioner in the Army of the United States, during a long period of nearly forty years, is a matter of history that may justly excite the pride and admiration of every American citizen. Brave in battle, he presided, for a long time, with distinguished honor and ability, at the head of one of the most difficult and arduous bureaus of the military department, and has left to the country lasting monuments of his skill and science in the construction of various magnificent fortifications, both to exhibit her strength and to insure her safety.

"While thus honorably and usefully employed in the public service for so many years, he was constantly confided in by his country, and never abused her confidence in the disbursement of immense sums of money, and lived honored and respected by all classes of men, with no taint of suspicion attaching to his name.

"With a character so high to sustain him, the charge of malfeasance in office should be received with great caution by the people, and rigidly scrutinized by Congress, and no unjust influences of any nature whatsoever should be permitted to prevail in his case; but if, unfortunately, such influences do obtain ground, then it is obviously the imperative duty of Congress to remove them, for no higher duty devolves upon the federal legislature than the protection of the honor of its military officers, of which it is necessarily, to a very great extent, the chief custodian.

"In the attainment of this object no obstacle whatever should be allowed to interpose. Wherein legislation is deficient, it should be supplied, and all bars of rules and regulations of the service should be removed, for nothing can be so dear to the American officer as his honor, and nothing should be more assiduously guarded by the American people than that, for the honor of the soldiers of the Republic is in no small measure the life and spirit of enlightened freedom. With these brief general considerations, the Committee will as briefly revert to the case of the petitioner.

"The case of General Charles Gratiot, who was the Chief of the Corps of Engineers in the Army of the United States, has been so elaborately discussed in every circle, and so fully reported upon to Congress, that the history of the whole case is familiar to every one.

"The alleged grievance, which constitutes the cause of his dissatisfaction, was the summary dismissal of the petitioner from the Army, in the year 1838, by the President of the United States, — first, upon the plea that the power thus exercised was arbitrary, and contrary to the true meaning and intent of the act of Congress conveying it; and secondly, that a defalcation in the accounts of the petitioner, which was the cause assigned for the removal, did not and never did exist in truth.

"In support of his first plea, the petitioner exhibits a mass of testimony, which is certainly entitled to be very calmly weighed and measured; and among the same is the opinion of the General Commanding-in‑Chief, upon a parallel case, than which no authority can be higher.

"In support of the second plea, he denies totally the truth of the charge of defalcation, and contends that he is not and never was indebted to the United States for moneys misused by him, and that a just and legal adjustment of his accounts will bring the United States in debt to him; that the withholding of the funds, upon the demand of the Secretary of War, was a measure of self-defense, justified by the circumstances of the case, and that he was then and is now prepared for an equitable settlement, which is his demand and desire.

"It seems to the Committee that both of the pleas are reasonable, and should receive attention, urged as they are, with the earnestness of conscious rectitude, by a gallant soldier, who has acquired a right to be heard from the blood he has spilled in battle.

"Further than this the Committee regret that they cannot go, as it is not in their power to afford an adequate remedy by recommending the passage of any law for the relief of the petitioner, and they therefore ask to be discharged from the further consideration of the subject."