liar cases and
under imperious circumstances.

In filling the original vacancies in the artillery and in the newly
created office of Adjutant-General I considered myself at liberty to
place in them any officer belonging to any part of the whole military
establishment, whether of the staff or line. In filling original
vacancies--that is, offices newly created--it is my opinion, as a
general principle, that Congress have no right under the Constitution
to impose any restraint by law on the power granted to the President
so as to prevent his making a free selection of proper persons for these
offices from the whole body of his fellow-citizens. Without, however,
entering here into that question, I have no hesitation in declaring it
as my opinion that the law fully authorized a selection from any branch
of the whole military establishment of 1815. Justified, therefore, as
I thought myself in taking that range by the very highest sanction, the
sole object to which I had to direct my attention was the merit of the
officers to be selected for these stations. Three generals of great
merit were either to be dismissed or otherwise provided for. The
very gallant and patriotic defender of New Orleans had intimated his
intention to retire, but at my suggestion expressed his willingness
to accept the office of commissioner to receive the cession of the
Floridas and of governor for a short time of that Territory. As to one,
therefore, there was no difficulty. For the other two provision could
only be made in the mode which was adopted. General Macomb, who had
signalized himself in the defense of Plattsburg, was placed at the head
of the Corps of Engineers, to which he had originally belonged, and in
which he had acquired great experience, Colonel Armistead, then at the
head of that corps, having voluntarily accepted one of the new regiments
of artillery, for which he possessed very suitable qualifications.
General Atkinson, likewise an officer of great merit, was appointed to
the newly created office of Adjutant-General. Brevet General Porter, an
officer of great experience in the artillery, and merit, was appointed
to the command of another of those regiments. Colonel Fenwick, then the
oldest lieutenant-colonel of artillery, and who had suffered much in the
late war by severe wounds, was appointed to a third, and Colonel Towson,
who had served with great distinction in the same corps and been twice
brevetted for his gallantry in the l