tions in each year, shall be determined by the su- [Here follows a series of tables, being a register perintendent and academic staff, in such manner as of all the cadets admitted into the academy-showexperience shall point out to be the most condu-ing when entered, when promoted, retired, &c.The aggregate number is rather more than 600 cive to the interests of the institution. 4th. Any cadet who shall have been reduced to of whom about 200 have received commissions in a lower class, and shall upon a second examination the army; the number at present in the academy, be found unqualified to advance with this class to we believe, is about 250. 2North Carolina 20 South Carolina 2 Kentucky. 2Tennessee 70bio 9 11 the next higher grade, shall, unless he shall have In 1817 the number from the respective states was been prevented from attending to his studies by as follows. sickness, necessary absence, or some other evident New Hampshire necessity, be reported to the secretary of the de Massachusetts partment of war, by the academical staff, stating Rhode Island the branches of science in which he is most defi Connecticut cient, those in which he has made the greatest Vermont proficiency, as well as the general inclination, tem- New York per and habits, which appear to predominate in his New Jersey actions; and especially whether his dorminant pro-Pennsylvania pensities impel him to the profession of arms.-Delaware Upon this report he shall be dismissed or retained, Maryland at the will of the president. 5th. The superinter.dent of the academy and the academic staff, shall be at liberty to propose to the secretary of war such alterations and amend Virginia 54 Michigan, T. 38 Louisiana Military Instruction. 322211 ∞ 21 4 ments to the foregoing course of studies as they Letter from the secretary of war to the chairman of shall at any time conjointly deem necessary for the good of the institution; the whole, or a majori ty of them agreeing to such alterations and amend ments. the military committee, upon the subject of an addi tional military academy, and a school of practice. D partment of war, Jan. 15, 1819. SIR-I reply to that part of your letter, of the 20th of November, which requests my opinion on 6th. Should it be found by experience that too large a portion of study or instruction is assigned tional military academies, and their places of loca the expediency of establishing one or more addiin the preceding course of studies to any particu tion, and such other information and facts as you ler year, the superintendent and academic staff conjointly, shall be at liberty to transfer from the may deem proper, to communicate on these subcourse of one year to that of another, such particu-establishments, I have the honor to make the foljects, with the probable annual expenses of these lar portions of study or instruction, as may appear necessary to produce an equality; the whole or a majority of them agreeing to such transfer. The foregoing course of studies and instructions is respectfully submitted to the honorable the cretary of war. Rules with respect to the promotion of cadets of the lowing statement: The number of cadets now authorised by law, is two hundred and fifty, who are divided into four classes; the cadets of one of which, every year, terseminate their studies, and are promoted into the army. As the academy is now nearly full, it is probable that the number which will annually terminate their studies, and, consequently, will be 1st. That in the govermental promotion of the candidates for promotion, will not be much short cadets, the lineal rank of each graduating class of fifty. The number of vacancies in the army, shall be established in conformity to the principle which have occurred, from the 1st of August, 1816, of general merit, as ascertained by a competent to the last of May, 1818, has been one hundred board of examiners. and forty-eight, or about eighty-four per annum; 2d. That the distribution of cadets to the seve-but, as it is probable that the causes which have ral corps of the army at the time of promotion, shall operated to produce so many vacancies in this be made according to their particular talents and time, have been accidental, and consequent on the qualifications, ascertained in like manner; pro-change from active service to the inactivities of a vided, that this distribution be allowed in no in peace establishment, there will not, it is believed, stance to interfere with the principle of rank ac-in future, be so many; and that the cadets who will cording to general merit. 34. No cadet to be promoted from the academy until he shall bave completed his course of studies at the same, and received the diploma of the acade mic staff to that effect. 4th. No cadet who shall resign his warrant, or otherwise be separated from the accademy, before the completion of his studies, shall, on any account, receive an appointment in the army of the United States, until after the promotion of the class to which he belonged; nor then, if such appointment interfere, in the smallest degree, with the rank of any member of that class. 5th. No cadet, who shall be dismissed the insti tution, or compelled to resign, on account of idle ness, neglect of duty, or any species of bad conduct, shall be eligible to any office or post in the army of the United S ates, until at least five years after the promotion of the class to which he be longed. annually terminate their studies at West Point, will be equal or nearly so, to the annual average vacancies. In this view of the subject, an additional military academy would not now be required. But it seems to me, that the question ought not to be determined, by a reference simply to the wants of our military peace establishment, which, from our geographical position, and the policy of our government, will always bear a small proportion to the population of the country, and to our mili graduating the number or extent of our military tary establishment in time of war. So far from academies, by the want of the army in time of peace, the opposite principle would, probably, be more correct; that, in proportion as our regular military establishment is small, the government ought to be careful to disseminate by education, a knowledge of the art of war. The army itself is & practical school of this art, which, except in the higher branches, may, where it bears a large pro. portion to the population of the country, supercede other modes of perpetuating or disseminating this Considerations on the course of instruction necessary indispensable art. But, in a country, situated ast for the officers of the different arms of an army. ours is, with a small standing army, and far removed from any power from which we have much rations of war; and the variety of the means emCircumstances of locality; the nature of the opeto fear, the important knowledge of the art of deployed for the purposes of destruction, and prefending our shores, will in a long peace, without servation, have naturally lead to the subdivision the particular patronage of the goverament, be of an army into several parts; which differ in their nearly lost. The establishment of military academies, is the cheapest and safest mode of producing ed to render reciprocal aid to each other, to comanner of combatting, but which are also intend. and perpetuating this knowledge. The govern-operate the most efficaciously to the same end, and ment ought to furnish the means to those who are to constitute, when in action, but one combined willing to bestow their time to acquire it. The whole. cadets who cannot be provided for in the army, will This subdivision existed among the ancients, as return to private life; but, in the event of war, their it does among the moderns; and with both, (the knowledge will not be lost to the country. The absolute and relative numerical force of these subgovernment may then avail itself of their military divisions being supposed nearly equal) the sysscience, and, though they may not be practically tems of war have been uniformly more perfect, and acquainted with all of the details of the duty in productive of great results, in proportion as the the army, they will acquire it in a much shorter several parts were better calculated to act with time, than those who have not had the advantage promptitude, precision, and in concert. These of a military education: No truth is better sup- parts are designated in modern armies by the word ported by history, than that other circumstances being nearly equal, victory will be on the side of arm; and consist of infantry, cavalry, artillery, and those who have the best instructed officers; the du- engineers. Each of these arms act occasionally as ties of a soldier, are few and simple, and, with well principal, or as accessary. In a battle, the infantry is in general the principal arm; while the three others instructed officers, they can be acquired in a short time; as our own experience, and that of other are more or less accessaries; in the pursuit of a recountries has satisfactorily proved. To form com- and in a siege, the artillery and engineers, are the treating army, the cavalry becomes the principal; petent officers, in the present improved state of the art of war, is much more difficult, as an off-principal arms, and the rest are merely great auxcer, besides a knowledge of the duties belonging to the soldier, has others of a more difficult na ture to acquire, and can only be acquired by long experience, or by a regular military education. iliaries. Among the means which modern discipline employs, to give the greatest effect to the combined action of these arms, is instruction. And here, the With these views, I would recommend one addi- same motives which have resorted to a subdivi tional military academy. It ought to be placed sion of labor, as a powerful cause of perfection in where it would mutually accommodate the south-objects of general industry, have also led to a ern and western portions of our country, which subdivision of military instruction, as most pro. are the most remote from the present institution. ductive of that concert and efficiency desirable in Besides an additional academy, I would submit. the operations of an army. This instruction, and for he consideration of the committee, the pro. the objects and advantages of its subdivision, are priety of establishing a school of practice, to be the subjects of present consideration. fixed near the seat of government. On this impor- To obtain, by the aid of military instruction, tant subject, I respectfully annex, as a part of this greater effect in the particular, or combined em. communication, a report from general Bernard and ployment of the different arms, two modes imcolonel M'Ree, to this department; in which the mediately presented themselves: First, that each subject is so fully discussed, as to supersede the arm should be composed of individuals, versed exnecessity of any further observations. clusively in the theory and practice of that arm: The expenses of erecting the necessary buildings Second, that the individuals composing each arın, for an additional military academy, on a scale as should be instructed equally in the theory and extensive as that at West Point, would cost about practice of all the other arms. The first of these one hundred and thirty thousand dollars, of which methods is insufficient; because, in giving to each sum, however but a small part would be required individual merely the knowledge necessary to for this year. The current expense of the institu- the duties of his own arm, it leaves him deficient tion would, (exclusive of the pay of the cadets, of what is necessary to connect the operations of which is sixteen dollars per month, and two rations that arm, with the operations of the rest, as parts per day,) probably amount to about twenty-two of one general system. The second is impractica thousand dollars, per annum. ble: because it is the privilege of but few indiviFor the school of practice, there would be but lit- duals, to possess that facility of intellect which is tle expense, except for the erection of the necessary requisite to embrace four branches of knowledge, buildings for the accommodation of the institution. as extensive as are those in question, and to prac The pay of the superintendent and professors, tice them all, with that correctness and prompti. should they be even taken from citizens, would tude, which is the peculiar advantage of such as not exceed eight thousand five hundred dollars, devote themselves principally to but one of these which would constitute nearly the whole of the branches. In order to avoid both of these inconcurrent expense, as the lieutenants of the artillery veniences, the theoretical and practical knowledge and engineers, while at the institution, will not re-in the conduct and operations of an army, has been ceive any additional pay or emoluments. The ex-divided into two distinct classes; the one embra pense of the buildings may be estimated at eighty cing whatever is common to all the arms; the other thousand dollars, of which, however, but a small confined to what particularly appertains to each part would be required for the present year. arm. A consequent and similar division has fol I have the honor to be your most obedient serv't.lowed in the instruction; the first branch to include J. C. CALHOUN. what is necessary and useful to the service of every arm; the second to include the theory and practice Hon. R. M. Johnson, chairman, &c. of each arm in particular. Hence, the necessity the arms of an army; and which ought to have of an elementary, or common school, where the been extended, and applied to artillery, fortificaknowledge common to every arm, should be given tion, and topography. The consequence has been, alike to all who are intended for the army; and a that the officers of infantry, artillery, and engineers school of a higher order, for the purpose of increas- and of the topographical corps, have had the same ing when necessary, the elementary knowledge, degree and kind of instruction; and the only real which has previously been acquired to the extent difference which existed between them, on leaving demanded, and teaching its application to the the school, consisted in the uniform of their re particular objects and duties of each arm which spective corps or regiments. If any have been so constitute a school of application. In those coun- fortunate as to render themselves serviceable, eitries which have large military establishments, ther in the artillery or engineers, the cause must there is a school of application for each arm. be sought for, in their own industry, and not in the But those nations, who in time of peace, keep education received by them at West Point, which but a feeble military force on foot, find it advan- was barely sufficient to excite a desire for military tageous to unite, as far as possible, these different inquiries and of military pursuits. schools of application in one; where such as are It remains to enumerate the branches of knowadmitted for the service of those arms which de ledge which are common to all the arms, and those mand a more advanced theoretical, or more varied which are necessary, and appertain more or less practical knowledge receive their last degree of aca-exclusively, to each or several of these arms. The demical instruction. In this last case, the students subjoined table, exhibits the two principal diviat the school of application, receive likewise two sions of the instruction. The first part, includes kinds of instruction: 1st, That which is common the branches of knowledge, that are necessary, to to the several arms to which they are destined; all who are destined for any arm of the military and 2, That which is exclusively necessary to the establishment, either as officers in the exercise of arm in which they are respectively to serve. their immediate professional duties, or as men of Among all nations possessing military schools of information, liable, in the course of their military application for such as are destined for the infantry career to be intrusted with other interests. It is, and cavalry, are the regiments of the army in which threfore, that the mathematics, for instance, are they are to serve. It is on joining and doing duty extended farther than is strictly necessary to the with their respective regiments, that they learn to apply the instruction received at the elementary school, and acquire whatever relates to the discipline, the conduct, administration, and legis lation of troops. officer of infantry; that natural and experimental philosophy, and chemistry, are inserted under the elementary division, rather as forming part of a li beral education than of mere military utility; and finally, the several kinds of drawing are only taught in the elementary division, as an advantageous introduction to the prompt acquisition and exercise of the art of topographical delineation. This division or elementary part of the instruction, will require five professors, three teachers, and two instructors. The number of assistants, &c. depend upon the number of individuals at a school. This cannot be the case, however, with those destined for the artillery and engineers, or the topographical corps. They are all, more or less, liable to be employed separately, and immediately after leaving the school; and are deprived of the advantages peculiar to the officer of infantry or cavalry, of making their first essays in their profes The same table presents the second part of the sional duties, under the eyes of their chiefs, or of instruction, which is in addition to the first, and those who have preceded them; and being unas- is necessary to those destined to the engineers, sisted by the advice or opinions of their superiors artillery, or topographical corps. Here the mathe in rank, knowledge, and experience, they are not matics are carried to a higher degree, which is only left without the means of obtaining the in- rendered necessary by their applications to mastruction of which they are yet deficient, but also chines, the theory of artillery, the construction of frequently exposed in the execution of the duties charts, &c. Descriptive geometry is applied to confided to them, to compromit the public service machines and fortification. Fortification is taught by the commission of errors, which too often lead to the extent which is exclusively necessary to the to irreparable misfortunes, and which are produc-officers of engineers; and artillery to the extent tive, at least, of a wasteful expenditure of public that is only required for the officers at that property, always beyond, sometimes exceeding, an arin. Geometry and trigonometry receive their hundred fold, the expense of giving a proper edu application to topographical operations, and sphecation to the individual who has not been qualified rical trigonometry and descriptive geometry, to to exercise his profession, with satisfaction to him the projection, &c. of charts. This part of the inself, or usefully to his country. struction, will demand four professors. Because, either these two divisions of the instruction, will be taught at one school, or at two separate schools. In the first case, the professors of the elementary course, will be insufficient, and cannot attend to a course of instruction thus extended: in the second The elementary school at West Point, has hither case, the four professors before mentioned, become to been very inferior, as such; and altogether inad- absolutely necessary. But whether the entire equate to the objects for which it was established. course, or both of these divisions of the instruction, A project has been presented, however, calculated shall be taught at the same, or at two separate to place this school upon the footing of the most schools, it will not be less indispensable; and a perfect of the kind which exists. As to a school division of it, similar to that here established, of application, there is none. The degree of in- should still exist in fact. The question is therestruction, given to the cadets at the school of fore reduced to this; shall the elementary, or first West Point, has heretofore been for the most part part of the course of instruction, be taught at West limited to a general acquaintance with those Point, and the second part at a separate school, pranches of knowledge, which are common to all to be established elsewhere? Or shall the second These considerations alone, appear to us sufficient to show the advantage if not necessity, of dividing the course of military instruction between two schools; the one elementary, and the other a school of application. part constitute an additional class or classes, at the school of West Point, to consist of those cadets only, who are destined for the engineers, artillery, and topographical corps, and who shall have previously passed through the elementary classes? students of the elementary classes, and those composing the classes of application, will originate claims to precedence and superiority on the one part, and resistance to such pretensions on the other, which no regulations can restrain within proper limits. The second division of the course of instruction! 3d. It will be necessary to have two sets of proexhibited by the annexed table, and which must fessors at the same school, and in several instances constitute, either a school, or classes of applica two professors of the same department of science, tion, is practical as well as theoretical. The ap who will be independent of each other. Hence plication of the elementary branches of instruction, increased occasions of discord. Individual interest and the higher branches of the mathematics, to and feelings must of necessity, and frequently will the theory of artillery, fortification; and topogra be brought into collision; which experience has phy, forming the theoretical or academic part of sufficiently proved, would lead, first to divisions this division of the course of instruction, while the among the academic staff, and finally, to the forma application of these theories to the circumstances tion of parties among the officers and cadets, de of the ground, &c. requires, and must be taught structive of that harmony and order which should to the student, by a course of actual experiments, prevail, and are believed essential to the success. and practical exemplifications in the field. It is ful operations of the school. necessary to make this remark, in order to a just 4th. The duties of the two sets of professors, the appreciation of all the considerations, which should studies and occupations of the officers and cadets, influence in the decision of the present question. being different in their character, and requiring to The advantages which may be derived from a union be arranged differently, as to time and other cir of the school of application, in the shape of addi- cumstances, will render two distinct systems of tional classes, to the elementary school, are almost organization and police indispensable, which freexclusively those of economy, and admit of being quently cannot be made to accord, without incorrectly ascertained; they consist, curring some inconvenience or injury, or without 1st. In having certain duties, that are common the sacrifice of some advantage on the part of one and necessary to both establishments, performed or the other division of the school, and perhaps of by the same individuals, who are now employed both.-The superintendent will, in fact, have two for those purposes at West Point. Such are the duties of the superintendent, most of the officers of the military, staff, and disbursing department. 2d. In the purchase of an additional site, which will be avoided. 3d. In saving the additional expense of quarters, academical, and other buildings, to the extent that they now exist at West Point, beyond the wants of that establishment. 4th. In saving the expenses of purchasing a library, instruments, &c. to the extent of those now on hand at West Point. 5th. In saving the travelling and other expenses to which the graduates of the elementary school would be subjected in order to join and commence their course at the school of application, if these institutions were separate; and, 6th. In avoiding a loss of time on the part of the graduates, which would take place on their trans fer to the school of application in the case just supposed. The following are the considerations which oppose a union, and which consequently urge a separation of these two schools: schools to govern and conduct; his time and atten. tion will therefore be divided, alternately occupied with the peculiar concerns of each, and frequently employed in reconciling conflicting interests. The whole system of administration for the two schools, will be more or less controlled or influenced, by the inconvenient and unnecessary relations in which they are placed to each other. The advantages and disadvantages here enumerated, as attending the union of the two divisions of the course of military instruction at the same school, are obviously too different in their kind to admit of being compared; nor is it necessary that they should be. The expense attending the se parate establishment of a school of application, might be offered as a reason for rejecting it altoge. ther, but by no means for uniting it to the elementary school, when the operations of both would be obs ructed in consequence of so doing, and their ultimate success rendered more than doubtful. Among the advantages that will be derived from the establishment of a school, of application are, the means it will afford of providing for other de partments of national service, besides those which 1st. The classes of application will consist of have been mentioned; and by locating it immedi. those individuals destined for the artillery, en-ately under the eyes of the government, the meagineers, and topographical corps, who shall have sures necessary to enlarge, or to adapt it to the graduated at the termination of the elementary particular objects in view, will be more readily course of instruction, and who will consequently ascertained, and applied with greater certainty of be then promoted by brevet or otherwise, in the effect. The necessity of this institution will besame manner as those destined for the infantry. come urgent, in the event of one or more additional There must probably be two classes of applica-elementary schools being created. It will then be tion, and the number of students of which they expedient, for those very reasons of economy which ought to consist, in order to supply the annual now form the only objections that, can be opposed Vacancies in their respective arms, will not be to it; and it will be necessary because it will less than seventy. The school will therefore be enable the respective candidates for the engineer, augmented by this amount, and will be composed artillery, and topographical corps, to be assembled of commissioned officers and cadets, whose rights, at the same school, and to receive in common their interests and occupations will be more or less last degree of instruction and duties of each of dissimilar; and wo must consequently be governed these arms be attained, which is essential to their by regulations, &c. essentially different, which will perfection. at once destroy that unity of system, necessary to We are, therefore, of opinion, that a school of all military institutions. application is decidedly necessary to the military 2d. The difference in point of rank, in the service of the country; that to be rendered efficient, it ought to be separate from all immediate con-lary from the second, and must share the same have a central location, and as little removed as If the defendants had a right to sell as they did, BERNARD, Law Intelligence. FROM THE NEW YORK EVENING POST, AUG. 5. The following interesting law opinion was delivered by Mr. Recorder, at the last term, after a solemn argument: MAYOR'S COURT. David Dunham and others, ads. David Hazul. This was an action against the defendants, who are auctioneers and commission merchants in the city of New York, for having sold four bales of cotton bagging, belonging to the plaintiff, for a price less than that limited by his orders. At the trial in May last, Wm. Todd was sworn as a witness for the plaintiff; he was objected to, as incompetent, but the objection was overruled. He testified that he was the agent of the plaintiff, in relation to the cotton bagging, that he had no particular instructions as to the mode of selling it; that the plaintiff had entire cofidence in him, and submitted every thing as to the time and manner of disposing of it, to his judgment; that in 1817, he delivered to the defendants, to be sold, five bales of cotton bagging, belonging to the plaintiff; that, on the 8th May, 1818, he directed the defendants to sell them at auction, and gave them written instructions not to sell four of the bales under the cost price, or 15 cents a yard; and that, three days after, the defendants, sold those bales, at auction. As to Todd's testimony-It is argued, that being a general agent, with no particular instruc tions, he had no authority to sell at auction-that for having done so, an action may be brought against him by his principal, and that he has, there. fore, an interest in the event of this suit. Supposing that he had no right to sell at auction, which I do not admit) the plaintiff, bringing this suit, has ratified Todd's acts, and barred himself from suing him for that cause. His interest, too, if he has any, is too remote and uncertain, to disqualify him as a witness; and I do not perceive that the verdict in this cause can be evidence in any future action to be brought against him. I therefore, think that he was properly admitted. The principal point, and that which has been most labored, is the second; viz. that it is unlawful to limit the price of an article sold at auction. To support this proposition, (which is certainly contrary to common usages and opinion,) the case of Boxwell vs. Christie, (1. Cowper, 395,) is relied on. In that case, the property of a person deceased, had been advertised for sale at auction, and the printed conditions of sale declared, that every article should be struck off to the highest bidder. Boxwell sent a horse to be sold at that auction, and under those conditions of sale, but directed Christie, the auctioneer, not to let him be struck off for less than a certain sum; Christie set the horse up, and struck him off to the highest bidder, for a less sum, and for so doing, Boxwell brought an action against him. Lord Mansfield assuming, that in that case, the orders of the owner could only have been complied with, by employing some one to bid on his behalf, proceeded to consi-, der the propriety of that practice, and thinking it inconsistent with morality, held that the action could not be sustained.-This decision, however, is not precisely in point. Lord Mansfield states the question to be determined in these words? "Whether a bidding by the owner of goods at a sale under these conditions, namely, that the highest bidder shall be the purchaser, and if a dispute The defendant's counsel objected that the order arise, to be decided by a majority of the persons preto sell at auction, for not less than a certain price, sent, is a bidding within the meaning of such condiwas illegal, and that, therefore, the action could tions of sale? But it must be confessed, that not be maintained. The court overruled the ob-his reasoning goes to prove all private bidding jection, and charged the jury to find for the plain- by an owner unlawful. But he adds: "The disal tiff the value of the four bales at the best price lowing of it is no hardship on the owner, for if he which could have been obtained for them, had is unwilling that his goods should go at an under they been sold in the most advantageous manner, price, he may order them to be set up at his own and directed them to allow the defendants no cóm-price, and not lower: such a direction would be missions on the sales of the four bales. They ac-fair: Or, he might do, as was done by lord Ashcordingly found for the plaintiff $160 51, being at burnham, who sold a large estate at action: He the rate of about 9 cents a yard. had it inserted in the conditions of sale, that he himself might bid once in the course of the sale; and he bid at once 15 or £20,000; such a condition is fair." It was then proved by the defendants, that bag ging was sold, part for 6 and part for 7 cts. a yard; that it was of inferior quality, and that no more could be got for it at auction, and by wholesale, but that it was afterwards retailed by the purchaser at, from 8 to 12 cents a yard. It was admitted, that the defendants had, before their last orders, used great diligence in endeavoring to sell the bagging, but had not been able to get the limited price. At the July term, a motion was made for a new trial, and argued by Mr. Harris, for the defendants, and Mr. Dewitt, for the plaintiff. A few days af ter, the Recorder gave the following opinion— having first stated the facts in the case. The defendant's counsel have made three points. 1st, That William Todd was an incompetent witness. 2d, That the instructions given to the defendants were illegal. Now, in the present case, the defendants had received no instructions concerning the conditions of sale, or the manner in which the articles were to be set up; and if they could lawfully obey the directions they had received, they were bound to do so. They might have pursued either of the methods mentioned by lord Mansfield: or if, when 3d, That the defendants were entitled to com.the four bales were put up, the auctioneer had missions on all the goods sold. proclaimed that the goods were not to be sold It is evident that the last point is a corrol-unless fifteen cents a yard were bid for thein, can |