AN 
EXPOSE OF FACTS, 
CONCERNING 
RECENT TRANSACTIONS, 
RELATING 
"SP® @®IBIPS ©HP ©I? 
THE 
UNITED STATES’ MILITARY ACADEMY, 
AT 
WEST-POINT, NEW-YORK. 
NEWBURGH, N. Y, 
PRINTED BT URIAH C. LEWIS. 
1819. PRELIMINARY OBSERVATIONS. 
In November, 1818, Thomas Ragland, of Virginia, Charles 
R. Holmes, of South-Carolina, Charles R. Vining, of Delaware, 
W ilson M. C. Fairfax, of Virginia, and Nathaniel Hall Lo- 
ring, of Massachusetts, were elected, by the Cadets of the United 
States’ Military Academy, a Committee, to represent to the Superin- 
tendant of the Academy, the treatment which they (the Cadets) had 
received from captain Bliss, an officer of the United States’ Infantry, 
then in command of the Corps ; and likewise to endeavour to prevent, 
by lawful measures, the repetition of those indignities which formed 
the subject of their complaint. 
The manner of their election was as follows: Paper (A) was given 
from room to room, and was signed by those who thought it correct, 
without any advice, and from the free impulse of their feelings and 
judgment. In reality there was but little wavering. Men of honour 
could not have been otherwise than indignant at such insults as had 
been offered them, and but few could, or did, differ in their ideas of 
the proper means for terminating them. No advice was pretended to 
be given to any one ; men of honour do not receive advice on such 
There were no “deliberative assemblies,” no “organized 
combinatrans.” This will appear from the evidence adduced on the 
trial of Mr. Ragland. One hundred and eighty gentlemen can be cal- 
led on to prove these assertions by oath or otherwise. It is, there- 
fore, not to be doubted. IV 
PRELIMINARY OBSERVATIONS. 
The papers which are now printed complete all the correspondence 
prior and subsequent to the arrest of the Committee. None are with- 
held. If facts are against them, they will submit without a murmur. 
But can it really be believed, that when a soldier engages in the ser- 
vice of his country, he forfeits his right of remonstrating against tyran- 
nical oppression, and personal abuse ? If such a sentiment should be 
upheld, and persisted in, how forbidding a prospect would the profes- 
sion of arms exhibit ? What security would any officer have against 
the foulest indignities ? The act forbidding any man, or body of men, 
to remonstrate against individual or collective injuries, must appear to 
the reflecting man, in the highest degree perversive of those general 
principles of justice, which are peculiar to no clime, but are rather 
among the first acquisitions of childhood. 
These papers are not printed to produce public animadversion. 
They are intended for the friends of the accused. It were to be wish- 
ed that the friends of every man accused of a crime, should hear his state- 
ment as well as that of his accuser. In that case it might be found 
that the persecuted and despised, sometimes, like the toad, carry a 
jewel of honour beneath their outward deformity. 
The letter of Mr. Ragland, marked (T,) is particularly referred to 
as a comment on the report of major Thayer, marked (R.) Mis-state- 
ments should always be corrected ; and as Mr. Ragland’s letter can be 
corroborated by a reference to the official documents of the Academy, 
and by gentlemen of integrity, perhaps he may be believed, although 
labouring with his friends under the obloquy of official censure. 
The Committee, it wiil be perceived, were arrested, 
in arrest nearly twelve months. During that period a Court of En- 
quiry, and a Court Martial were convened for their trial. The Court 
of Enquiry should be remembered. Its proceedings evinced a remar ■ PRELIMINARY OBSERVATIONS. 
V 
koble adherence to law, and right reason. The Committee were 
tried, when at their homes, by this Court. They were not allow- 
ed THE RIGHT OF DEFENCE ; THE GRAND, AND UNIVERSAL RIGHT, 
MAINTAINED IN EUROPE, AMERICA, AND ALMOST THE WHOLE 
GLOBE. 
A General Court Martial convened in May, 1819, and after exami- 
ning the case of Mr. Ragland, decided that they, according to their 
construction of the Rules and Articles of War, had no authority to 
try Cadets. The Attorney General of the United States, gave his 
opinion in September. The Court then convened again, and confirm- 
ed the opinion they had before expressed. In October, the Court 
was dissolved. The Committee were ordered to return to duty. This 
was after their Class had been commissioned. They have since offer- 
ed their resignations as Cadets. 
It may be additionally observed, that the Committee were charged 
by major Thayer, with disobedience of orders; the major specifying 
that they did not comply with an order, coming, in fact, through an 
unofficial and illegal medium. The case stands thus : Major Thayer 
alledges that he gave Cadet Ragland an order for Mess. Loring, Fair- 
fax, Ilolmes, and Vining; directing them not to hand him, (major T-) 
“ a second communication,” a “ second time.” Here is an error both 
in the Charge, and in the application of the supposed order. Mr. 
Ragland according to military usage and law, could not communicate 
an order; and, should he have transmitted one to Mess. Loring, &c. 
they were not bound to obey ; because Mr. Ragland had not any 
command, direct, or implied, over them. If Mr. Ragland, therefore, 
had given the order, Mess. Loring, &c. could not have been punished 
for its disobedience. But Mr. Ragland most solemnly declares 
THAT HE NEVER RECEIVED, NOR COMMUNICATED SUCH AN ORDER. 
Maim- Thayer, the only witness on this charge, and, combining in VI 
preliminary observations. 
himself the qualities of witness and prosecutor, merely swears 
that he gave the order, either direct or implied to Mr. Ragland, but 
knows nothing of its being received by Messrs. Loring, Holmes, Fair- 
fax, and Vining. 
But, for the sake of argument, suppose the order to have been giv- 
en to Mr. Ragland ; suppose him a proper channel for its transmission ; 
suppose it to have been delivered to Mess. Loring, &c. wherein has 
it been disobeyed ? There was handed to major Thayer, in a private 
way, a paper intended by the Committee, if circumstances permitted 
as a communication to him. This was a paper, including two others, 
(F,) and (G;) and it was, indeed, the second paper prepared for the 
purpose of being presented to him ; yet it was only handed in by in- 
dividuals in the manner stated, and so handed only once ; therefore, 
Mess. Loring, &c. have disobeyed no orders, even by the most forced 
and illiberal construction of their conduct. The Executive, however, 
in the General Order of the 10th of November, 1819, censure Messrs. 
Loring, Ragland, Vining, Fairfax, and Holmes, for disobedience of 
orders, although major Thayer was the only witness on the aharge,. 
and he proved nothing. May not Messrs. Ragland, and Fairfax be 
deemed “ deliberate liars,” by the same mode of implication ? 
May not the faiiest character be stigmatized for Rape, Murder, or 
Robbery, by the same manner of construction ? Is the assertion of 
one interested man, better than the solemn asseveration of five per- 
sons not more interested ? If such proof can be adduced in one case 
as an evidence of the validity of crime, it may, with equal propriety, 
have weight in any other case, however destructive of character, or 
reputation. 
To detest virtue, may be deemed a crime against morality, and to 
abhor vice is our bounden duty in every stage of existence. He who 
permits local prejudice to warp his estimation of virtue is wanting jn a 
social duty. He who would not detest crime, even though it s&euld PRELIMINARY OBSERVATIONS. 
VII 
appear robed in the dazzling habilaments of rank, surrenders the inde- 
pendence which alone can render him estimable, and stops the pulse 
of honour which nature has commanded to palpitate. 
The Committee have suffered for being properly proud of the 
ennobling title of Americans. They felt that by a complacent endu- 
rance of gross personal insults, they would compromit that title; and 
they were unwilling to do so. 
The Committee have been, and are patient; if their characters 
have been traduced, they answer by facts. If their proceedings 
have been misrepresented by the interested or ignorant, they answer 
by facts. If they have been stigmatized, as mutineers, they de- 
mand an investigation of facts. Their friends can read these pa- 
pers and judge; they ask no partiality, conscious of being correct 
both in principle and action ; and assured that real honour will never 
be despised, they remain in spite of every shaft of detraction, and ev- 
ery act of injustice, “independent and erect.”  
(A.) 
United States’ Military Academy, 
West-Point, Nov. 22d, 1818. 
We the Subscribers to this paper, do vote for the five individuals 
opposite to our names, as a Committee in our behalf, to represent to 
the Superintendant of the Academy, the treatment we have received 
from the Officer in the immediate command of the Corps; and to take 
such other measures as they may deem urged by our peculiar situation. 
Fairfax, 
C. Vining, 
Dehart. Ragland, 
N. Loring, 
W. Hunter. 
Fairfax, 
C. Vining, 
T. Ragland. N. Loring, 
Dehart, 
R. Brooke. 
Fairfax, 
C. Vining, 
Underhill. Ragland, 
C. Holmes, 
Turnbull. 
Win. Turnbull, 
Win. E. Cruger, 
W.M.C.Fairfax.T. Ragland, 
C. R. Vining, 
F. Underhill. 
Ragland, 
Fairfax, 
D. Tyler, i Vining, 
C. Holmes, 
Win. Hunter. 
Ragland. 
Fairfax, 
Holmes. C. Vining, 
N. Loring, 
D. Tyler. 
C. Vining, 
Fait fax, 
R. Brooke. Ragland, 
Cruger, 
Underhill. 
Ragland, 
F aii fax, 
T. Lowndes. Vining, 
D. Tyler, 
Tallmadge. 2 
Ragland, 
Fairfax, 
J. liamsy. Vining, 
Brooke, 
Dehart. 
C. Vining, 
Ilolmes, 
S. JVragg. Wm. Cruger, 
Turnbull, 
Underbill. 
C. Vining, 
T. Ragland, 
R.Lowndts. W. Fairfax, 
W. E. Cruger, 
Holmes. 
Fairfax, 
C, Vining, 
J. Vail. T. Ragland, 
N. Coring, 
C. Rutledge Holmes. 
Fairfax, 
C. Vining, 
John II. Ilewett. T. Ragland, 
N. Loi ing, 
C. Holmes. 
Fairfax, 
Turnbull, 
Vustis Tremor. Underhill, 
Holmes, 
Cruger. 
Fairfax, 
Turnbull, 
C. G. Fiencd. Underhill, 
Holmes, 
Cruger. 
Ragland, 
F airfax, 
V/atles. Veiling, 
Underhill, 
Turnbull 
C. Vining, 
Fairfax, 
W:n. Gaillard. T. Ragland, 
N. Loring, 
F. Underhill. 
F airfax, 
Vining, 
Wm>A.Elliason. Ragland, 
W. G. Hunter, 
Tyler. 
W. C. Fairfax, 
C. Vining, 
J. R. Ingalls. T. Ragland, 
N. Loring, 
C. Holmes. 
W. C. Fairfax, 
C. Vining, 
D. II. Vinton. T. Ragland, 
N. Loring, 
C. Holmes, 
Fairfax, 
Ragland, 
T. Moniuc. Loring, 
Vining, 
Holmes. 
Fairfax, 
Ragland, 
J. McKenzie. Vining, 
Loring, 
Jlohnes. 3 
Fairfax, 
Ragland, 
Win. H. Kerr. Vining, 
Coring, 
Holmes. 
Wilson C. Fairfax, 
Loring, 
Henry L. Irwin. Vining, 
Ragland, 
Holmes. 
N. Loring, 
C. Vining, 
(J. Morris, Fail fax, 
Ragland, 
C. Holmes. 
N. Loring, 
C. Vining, 
T. J. Harman. C Holmes, 
T. Ragland, 
Fairfax. 
N. Loring, 
C. Vining, 
T. B. Wheilock. C. Holmes, 
T. Ragland, 
Fairfax. 
T. Ragland, 
Fairfax, 
11. Ilobhs. Loring, 
Holmes, 
Vining. 
N. Loring, 
Fairfax, 
E. Massey. Ragland, 
Vining, 
Holmes. 
N. Loring, 
C. Vining, 
Wm. W. Morris. Fairfax, 
Holmes, 
Ragland. 
N. Loring, 
Ragland, 
J. M. Tnjtt. Fairfax, 
C. Vining, 
C. Holmes. 
T. Ragland, 
Vining, 
Worthington. Loring, 
Fairfax, 
Dehart. 
T. Ragland, 
Fairfax, 
Chs. Gucrrant. C. Vining, 
N. Loring, 
W. Cruger. 
N. Loring, 
Fairfax, 
Win. Lacey. Ragland, 
C. Vining, 
A. Woolley. 
N. Loring, 
Fairfax, 
F. Searle. Ragland, 
Vining, 
Holmes, 
Fairfax, 
Ragland, 
Coolidge. Loring, 
Vining, 
Holmes. 4 
Fairfax, 
Ragland, 
C. DimmocJc. Loring, 
Vining, 
, Holmes. 
Fairfax, 
Ragland, 
Bowes. Loring, 
Vining, 
Holmes. 
C. Vining, 
Fairfax, 
Rogers. Ragland, 
Holmes, 
Underbill. 
Fairfax, 
Elliason, 
E. Feltus. Ragland, 
Woolley, 
Holmes. 
C. Vining, 
Fairfax, 
Wall. Ragland, 
Holmes, 
Loring. 
Underhill, 
Loring, 
John Woolcott. Holmes, 
Ragland, 
F airfax. 
Vining, 
Ragland, 
Rob.A.Thruston. Holmes, 
Fairfax, 
Loring. 
F airfax, 
Ragland, 
H. Coulter. Loring, 
Vining, 
Holmes. 
F airfax, 
Ragland, 
E. Morton. Vining, 
Loring, 
Holmes. 
Fairfax, 
Vining, 
T. Noel. Ragland, 
Holmes, 
N. Loring. 
Fairfax, 
Ragland, 
John W. Falcs. Loring, 
Holmes, 
Vining. 
C. Vining, 
Fairfax, 
James H. Cooke. Ragland, 
Holmes, 
Loring. 
Vining, 
Ragland, 
D.W. Allanson. Holmes, 
F airfax, 
Loring. 
Fairfax, 
Ragland, 
H. Brewerton. C. Vining, 
N. Loring, 
Holmes. 5 
F airfax, 
Ragland, 
J. A. Dumeste. C. Vining, 
N. Loring, 
Holmes. 
N. Loring, 
Ragland, 
W. Bourne. Vining, 
Donaldson, 
Fairfax. 
Fairfax, 
Vining, 
T. Wright. Ragland, 
Loring, 
Holmes. 
Fairfax, 
Ragland, 
T. Rodney. Vining, 
Loring, 
Holmes. 
Fairfax, 
C. Vining, 
J. Mansjield. Ragland, 
Loring, 
Holmes. 
Fairfax, 
Ragland, 
T. Morris. N. Loring, 
Holmes, 
Vining. 
F airfax, 
Ragland, 
J. Pentland. Loring, 
Vining, 
Underhill. 
Woolley, 
Elliason, 
J. B. Scott. Vining, 
Loring, 
Ragland. 
Fairfax, 
Viniig, 
H. Bainbridge. Ragland, 
Loring, 
Holmes. 
Fairfax, 
Vining, 
S. M. Ccipron. Ragland, 
Loring, 
Underhill, 
F airfax, 
C. Vining, 
R.D.C. Collins. Ragland, 
Loring, 
Holmes. 
Fairfax, 
Ragland, 
Hepburne. N. Loring, 
Holmes, 
Vining. 
F airfax, 
Ragland, 
A. B. Skinner. Holmes, 
Vining, 
Edson. 
Fairfax, 
Vining, 
W. S. Maitland. Ragland, 
Holmes, 6 
Fairfax, 
Vining, 
T. F. Johnson. Ragland, 
Holmes. 
Turnbull. 
Fairfax, 
Vining, 
G. Wade. Holmes, 
Turnbull, 
Ragland. 
Loring, 
Ragiand, 
Sam. C. Ellis. Turnbull, 
Holmes, 
Fairfax. 
Fairfax, 
Vining, 
J. W. Fulton. Ragland, 
Holmes, 
Turnbull. 
Fairfax, 
Ragland, 
J. R. Stevenson. Turnbull, 
Holmes, 
Loring. 
Loring, 
Fairfax, 
W. Scott. Holmes, 
Ragland, 
Vining. 
Loring, 
Fairfax, 
Constan. Smyth. Holmes, 
Ragland, 
Vining. 
Fairfax, 
Vini ng, 
T. F. Buck. Holmes, 
Turnbull, 
Ragland. 
Fairfax, 
Vining, 
G. Wright. Holmes, 
Turnbull, 
Ragland. 
Loring, 
Underbill, 
D. Hunter. Ragland, 
Holmes, 
F airfax, 
Fairfax, 
Vining, 
W. H. Hunt. Ragland, 
Holmes, 
Turnbull. 
Loring, 
Woolley, 
B. Wright. Holmes, 
Ragland, 
Underhill. 
Loring, 
Ragland, 
A. K. Woolley. Holmes, 
Vining, 
Fairfax. 
Loring, 
Fairfax, 
II. J. Feltus. Ragland, 
Vining, 
Holmes. 7 
Fairfax, 
Holmes, 
iV. Loring. Ragland, 
Vining, 
Brooke. 
N. Loring, 
T. Ragland, 
./. F. Scott. W. Fairfax, 
C. Vining, 
C. Ilolmes. 
Fairfax, 
N. Loring, 
Nicolas P. Trist. T. Ragland, 
C. Vining, 
C. Holmes. 
N. Loring, 
T. Ragland, 
Wm. Malcolm. W. Fairfax, 
J. Baker, 
C. Ilolmes. 
N. Lonng, 
T. Ragland, 
D. D. Tompkins. W. Fairfax, 
C. Vining, 
C Holmes, 
Fairfax, 
N. Loring, 
John G.Reynolds. T.Ragland, 
C. Vining, 
C. Ilolmes. 
Birdsall. The same as above. 5. A. Hobart, The same as above. 
J. Henry, Ditto. A. Morton, do. 
A. Graham, do. J. Craig, do. 
Ch. Radcliffe, do. Z. Kinsley, do. 
II. Buswell, do. Bichard C. Cross, do. 
J. Nichols, do. Edgar Hawkins, do. 
Bollard McCormick, do. Edw. E. Root, do. 
Wm. Young, do. John Bickell, do, 
Henry D. Burke, do. Campbell Graham, do. 
F- Eee, do. James Scott, do. 
David Porter, do. Wm. Wall, do. 
T. Edwards, do. Ilmry Clarke, do. 
J. McComb, do. George Stickney, do. 
E. Thompson, do. John D. Hopson, do. 
J. Dimmick, do. 
W. C. Fairfax, 
T. Ragland, 
Robert Hunt, N. Loring, 
C. Vining, 8 
(B) 
West-Point, Nov. 22d, 1818. 
We, the undersigned, vote for the five, opposite our names respect- 
ively, to compose a Committee to wait upon the Superintendant of the 
Academy, on our behalf, to represent the treatment we have received 
from the Commandant of the Corps of Cadets, and to take such ether 
measures as the necessity of the case, and military propriety may 
suggest. 
Fairfax, 
Vining, 
Wm. E. Cruger. Ragland, 
Wm. Turnbull, 
Woolley. 
Ragland, 
Vining, 
Lewis Morris. Loring, 
Fairfax, 
Wm. Cruger. 
Ragland, 
Vining, 
J.F. Hamtramck. Fairfax, 
Woolley, 
Holland. 
Fairfax, 
Vining. 
John C. Holland. Ragland, 
Woolley, 
Turnbull. 
Fairfax, 
Ragland, 
7. Grier. Vining, 
Cruger, 
Turnbull. 
Vining, 
Ragland, 
W. Turnbull. Fairfax, 
Cruger, 
Woolley. 
Ragland, 
Vining, 
J. L’Engle. Fairfax, 
Turnbull, 
Woolley. 
F airfax, 
Vining, 
J. Henshaw. Ragland, 
Woolley, 
Turnbull. 
Vining, 
Ragland, 
G. IF. Whittier. Fairfax, 
Woolley, 
Turnbull. 
Fairfax, 
Ragland, 
IV. Gywnn. Vining, 
Woolley, 
Turnbull. Fairfax, 
Vining, 
J3. E- Person. Turnbull, 
Ragland, 
Woolley. 
Fairfax, 
Vining, 
J-B Dusenbeiry. Turnbull, 
Ragland, 
Donelson. 
Fairfax, 
Vining, 
J. Edwards Ragland, 
Turnbull, 
W. Cruger. 
Fairfax, 
Vining, 
S. A. Chambers. Ragland, 
Loring, 
Turnbull. 
Fairfax, 
Vining, 
W. G. Hunter. Loring, 
Cruger, 
Hamtramek. 
Fairfax, 
Ragland, 
A. J. Donelson. Woolley, 
Turnbull, 
W. E. Cruger. 
Fairfax, 
Ragland, 
D. Wallace. Loring, 
Turnbull, 
Vining. 
9 
F airfax, 
Vining, 
J. E. Newell. Turnbull, 
Ragland, 
Woolley. 
Fairfax, 
Turnbull. 
F. Green. Woolley, 
Ragland, 
Cruger. 
Fairfax, 
Vining. 
G. D. Ramsay. Ragland, 
Loring, 
Turnbull. 
F airfax, 
Vining, 
IF. Stiih. Ragland, 
Loring, 
Underhill. 
Fairfax, 
Vining, 
R. W. Alhton. Loring, 
Cruger, 
JIaratramck. 
Fairfax, 
Ragland, 
J. Baler. Woolley, 
Turnbull, 
Loring. 
Fairfax, 
Ragland* 
W. Tallmdge. Loring, 
Hunter, 
Vining. Fairfax, 
Ragland, 
J.J. Abercrombie.Vining, 
Loring, 
Raker. 
Fairfax, 
Ragland, 
AJ.S. Livingston. Loring, 
Edson, 
Vining. 
Jasper Strong. ditto. 
Fairfax, 
C. Holmes, 
Wm. H. Swift. Turnbull, 
Vining, 
Loring. 
Fairfax, 
Ragland,, 
Wm. Rose. Hunter, 
Vining, 
Loring. 
A. M. Wright, Ditto. 
G. W. Folger, do. 
A. Edson., do. 
E. C. Ross, do. 
Winder, do. 
Vining, 
Ragland, 
Julius Ad.La gnel. Loring, 
Fairfax, 
Hunter. 
Canfield. Ditto. 
Bell. do. 
J J. James. do. 
10 
Fairfax, 
Ragland, 
C. Vining. Loring, 
Turnbull, 
Cruger. 
Fairfax, 
Ragland, 
C. B. Shaw. Loring, 
Hunter, 
Vining. 
Henry Gilbert. . 
Fairfax, 
Ragland, 
M. A. Jones. Turnbull, 
Vining, 
Loring, 
H. Carlton. ditto. 
E. D. Clarey. do. 
H. Lincoln. do. 
James Blaney, — .. 
Fairfax, 
Ragland, 
Jonathans.Bean. Turnbull, 
Vining, 
Loring. 
Edward S. Peers, ditto. 
Vining, 
Loring, 
Barbarm. Ragland, 
Fairfax, 
Hunter. 
•S’. B. Fillibrown. Ditto. 
James Wood. do. 11 
Ragland, 
Vining, 
E. Mason. Fairfax, 
Loring, 
Turnbull. 
A. Long, ditto. 
George A. M(Call} do. 
J. Prescott, do. 
II. Day, do. 
Ragland, 
Vining, 
George Taylor. Fairfax, 
Woolley, 
Holmes. 
Ragland, 
Vining, 
E. Mansfield. Fairfax, 
Loring. 
Holmes. 
Ragland, 
Fairfax, 
P. Buchanan* Vining, 
Loring, 
Holmes. 
H. Tyler. ditto. 
JV. Tyler. do. 
A. Phillips. do. 
R. Conant. . 
Vining, 
Fairfax, 
Brockenborough. Loring, 
Holmes, 
Ragland, 
Vining, 
Lindsay. Fairfax, 
N. Loring, 
Holmes. 
CONSOLIDATION. 
Wilson Miles Cary Fairfax, 172 Votes. 
Thomas Ragland, - - - « - 168 do. 
Charles Ridgeley Vining, - 164 do. 
Nathaniel Hall Loring, - 134 do. 
Charles Rutledge Holmes, ... 105 do. 
William Turnbull, - - - - 44 do. 
William G. Hunter, •. 19 do. 
Aaron Kitchel Woolley, - - - 18 do. 
William E. Cruger - - - - 16 do. 
Frederick A. Underhill, 14 do. 12 
William C. De Hart, - - - 3 Votes* 
Robert S. Brooke, - - - . - 3 do. 
Daniel D. Ttler, 3 do- 
William Alexander Elliason, - - 2 do. 
Andrew Jackson Donelson, 2 do. 
Alvin Edson, - - - - - - 2 do. 
Joshua Baker, 2 do- 
John Francis Hamtramck, 2 do. 
George Washington Tallmadge, - - 1 do. 
Rawlins Lowndes, 1 do. 
John C. Holland. 1 do. 
W. M. C. FAIRFAX,' 
T. RAGLAND, 
C. R. VINING, 
N. H. LORING, 
C. R. HOLMES. 
►Committee. 
r c.> 
West Point, 24th Nov. 1818. 
With a proper respect for their superiors, and after consulting the 
regulating laws of the army, a large majority of the Cadets of the 
Military Academy, beg leave to lay before the Superintendant a state- 
ment of their grievances. 
The Military Academy has heretofore been considered the nursery 
of our army; where young gentlemen of the highest prospects in life, 
should be proud and emulous to enrol themselves; in which the senti- 
ments of honor should be cherished ; so that its students might revolt 
equally at personal ignominy, and national degradation. It is to this 
Seminary that the American people have been taught to look for their 
protectors; protectors who should be too proud to be treacherous, and 
loo noble to be cowards. And it has, with propriety, been believed, 
by the intelligent Statesmen of our Republic, that the field of warfare 
is the proper theatre of genius; that the profession of arms is that in 
which the highest qualities of the mind are exerted; where virtue flour- 13 
ishes best; and where the noble soul, jealous of its rights, preserves its 
purity separate from the sordidness of life. When the present Cadets 
received their oflicial passport to its duties, their parents permitted 
them to accept, under the impression that they were here to be nurter- 
ed in the rudiments of honor, and instructed in an abhorrence of dis- 
grace : They thought, their feelings were not to be trampled upon; 
and with confidence sent their children to an Institution, where an 
honest pride would be implanted in them, and where their spirits would 
not cower under injuries, to become the soldier of their country. 
Under the influence of these ideas we embraced, with pride and ala- 
crity, the military life; we came here, we formed friendships, we per- 
formed our duties, submitted cheerfully to necessary hardships, and 
were happy whilst we continued uninjured. But these flattering pros- 
pects, which gave a zest to our pleasures, have been in a measure 
clouded, by the undeserved, and unauthorized treatment, which we 
have received from the Commandant of the Corps of Cadets. The act 
of violently pushing from the railings of the barracks, a Cadet, and the 
subsequent forcible expulsion from his quarters, of a young man of the 
first respectability and honor, may perhaps be deemed sufficient indi- 
cations of the course which he intends pursuing. Such treatment is 
not authorized from an officer to a soldier in the ranks; and, with 
due respect, we consider ourselves, as gentlemen Cadets, and as mem- 
bers of families, wronged and abused. On Sunday the 22d instant, on 
the forenoon drill, the Commandant violently seized by the collar, shook, 
jerked, and publicly damned, one of our number. The conduct of this 
Cadet was, to the conviction of those near, by no means disorderly, 
and hardly deserving the slightest reprimand ; but we do conceive, that 
lio possible conduct, other than mutiny, could afford the slightest pre- 
tence for the measures pursued by the Commandant. On retiring to 
his quarters, the Cadet was imprisoned in a dark room, and denied a 
light, or books, until further orders, and as we hear, under a charge 
of mutinous conduct. 
That his conduct on drill was as we have stated ; that he was, to all 
appearance, perfectly unconscious of having committed an offence; 
that he was entirely free from any mutinous conduct, will be testified 
by many, whose veracity cannot be doubted. When the mind tamely 
acquiesces in personal indignities, it becomes weakened; the energies 
commence their decline, the virtues are enfeebled, and officers w ho 
are governed by blows, must be destitute of all that should character- 14 
ize a soldier or a man of honor. From these considerations, and from 
what we conceive to be the contract between the government and 
ourselves, as its servants; from the principles of pride and honor, 
which were inculcated by our parents, and in which we have been ed- 
ucated, we remonstrate, and ask redress of the only one, from whom 
we can confidently hope to obtain it, the Superintendant of the Mili- 
tary Academy. 
We are, with respect, 
WILSON M. C. FAIRFAX. 
CHARLES R. VINING. 
THOMAS RAGLAND. 
CHARLES R. HOLMES. 
NATHANIEL H. LORING. 
Committee 
°f 
Cadets. 
(D) 
West Point, Nov. 24th, 1818. 
We do hereby certify on honor, that on or about the 20th of Octo- 
ber, 1818, captain John Bliss, without the least possible provocation, 
did throw stones at us, and at several other Cadets of the Military 
Academy. Signed, P. M‘ CORMICK. 
D. MONIAC. 
West Point, Nov. 24th, 1818. 
I do certify on honor, that captain Bliss did, on Sunday the 22d of 
November, 1818, whilst on batallion drill, seize me by the collar, jerk 
me violently out the ranks, and shake me for some time. When I ask- 
ed him, if this was the manner in which I should be used? he said, 
“ Yes, God damn you.” 
Signed, E. L. NICHOLSON. 
West Point, Nov. 24th, 1818. 
I, Westwood Lacey a Cadet of the United Stales, Military Academy, 
do hereby certify on honor, that on or about the 15th day of October, 
IS18, I was sitting on the railing of the south barracks, at which time 
captain John Bliss of the 6th regiment of the United States’ infantry, 
Commandant of the Corps of Cadets, passed me; and on getting be- 
hind me, violently pushed me off; I had not saluted him, but I had 15 
barely sufficient time to do so: And that in any other manner than this 
I had not given him the slightest provocation. 
Signed, W. A. LACEY. 
West Point, Nov. 24th, 1818. 
I do certify on honor, that the above statement is correct, and that 
captain Bliss pushed cadet Lacey off the railing, without the appear- 
ance of passion much excited. 
Signed, EDWARD C. ROSS, Cadet. 
West Point, Nov. 24th, 1818. 
I certify on honor, that captain John Bliss did, on the morning of 
the 14th of November, order me from his quarters in an insulting man- 
ner, and with menacing gestures, and without having given me time to 
obey his orders, he violently seized, and thrust me out of his room. 
Signed, JAMES T. WORTHINGTON, Cadet. 
West Point, Nov. 24th, 1818. 
I do certify on honor, that the above statement is correct. 
Signed, MUSCO G. TALIAFERRO. 
Here should be entered copies of several certificates handed to the 
Committee, which are mislaid; one from Mr. Cruger, in support of 1st 
Specification of the charge against captain John Bliss, and two others, 
from Messrs. Worthington and Nicholson, which are subsequently re- 
ferred to. 
(F.) 
MILITARY ACADEMY, 
West Point, Nov. 26th, 1818. 
Sir, One hundred and eighty Cadets, through their Committee, pre- 
sent the enclosed charge against captain John Bliss, of the 6th regiment, 
United States’infantry; and they confidently hope, the Superintendent 
of the Academy will sufficienly notice the injuries they have received, 
to do them justice. 
They believe the rank of persons presenting c barges, not material*; 
that it is only necessary to shew the facts of import worthy the cogni- 
zance of a military court, and that those facts are supported by indis- 
putable evidence,. 16 
Should the officer, to whom they have appealed, refuse them atten- 
tion, they owe him the candor to say, that although in his opinion, it 
may be an adherence to military propriety, yet the impending degrada- 
tion arising out of the impunity, with which the officer complained of 
would insult and oppress them, must be avoided. 
If we remain in our country’s service, let the military law protect 
us; and if it be inexpedient that it should so, we would enjoy the rights 
of private citizens. 
Our measures are not dictated by the effervescence of passion ; they 
proceed from a determination founded on principle: We will proceed 
on that principle to the verge of right; supporting our views with all 
the influence attainable; and, if necessary, sacrifice our individual in- 
terest in the cause we have undertaken. 
We are, 
With the highest consideration, 
Your very humble and obedient servants. 
CHARLES R. HOLMES, 
NATHANIEL HALL LORINC, 
THOMAS RAGLAND, 
CHARLES R. VINING, 
WILSON M. C. FAIRFAX. 
Committee of Cadets. 
West Point, Nov. 2Gth, 1S18. 
A Charge'preferred against Captain Jons Bliss of the Oth Regt. 
United States’ Infantry. 
CHARGE. 
Un-officerlike and ungentlemanlike conduct. 
Specification lsJ.—In this, that he the said Capt. John Bliss, of the 
6th Regt. United States Infantry, did, on or about the 26th of October 
1818, without the least possible provocation, throw stones at several of 
the Cadets of the Military Academy; which conduct produced the 
effect of rendering him less respectable as a commanding officer, and 
wounded deeply the feelings of those under his command. 
Specification 2d.—In this, that he, the said Capt. John Bliss, of the 
(G. ) 17 
6th Regt. United States Infantry, did, on or about the 15th day of Oct. 
1818, maltreat cadet Westwood Lacey of his command, by violent- 
ly throwing him off the railings of the south barracks of the cadets. 
Specification 3d.—In this, that he, the said captain John Bliss of the 
6th regiment United States infantry, did, on or about the 14th day of 
October 1818, order from his quarters in an insulting tone and me- 
nacing manner; and, without allowing time for the obedience of this 
order, seize and thrust out of his room, cadet Ja mes T. Worthington 
of his command. 
Specification 4th.—In this, that he the said captain John Bliss of the 
6th regiment United States’ infantry, did, on or about the 22d day of 
November 1818, whilst on battalion drill, in the presence ©f the corps 
of Cadets, seize by the collar, jerk out of the ranks and publickly 
damn cadet Edward L. Nicholson of his command. 
Signed, THOMAS RAGLAND, 
WILSON M. C. FAIRFAX, 
NATHANIEL II. LORING, 
C. R. VINING, 
C, R. HOLMES, 
Cadets, and 
Members of the 
Committee 
in behalf of the 
corps of Cadets. 
(H) 
MILITARY ACADEMY, / 
West.Point, Nov. 27th, 1818. 
ORDERS. 
The Major commanding feels himself called upon to notice the ex- 
traordinary proceedings, which have taken place at this Institution, 
within a few days past, with a degree of astonishment, which all men, 
not to say those of the military profession, must participate; he has 
witnessed the combination of a considerable number of the young men, 
forming themselves, as it were, into a deliberative assembly, corres- 
ponding with him, through the medium of an organized Committee, 
and even dictating to him the measures, which they consider proper for 
him to pursue. It can scarcely be necessary for him to state, that pro- 
ceedings of this kind are in direct violation of all military principles, 
and yet he would willingly indulge the belief, that a great portion of 
those, who have given them their countenance and support, are not 
entirely aware of the danger to which they expose themselves by so 18 
doing: To promote, or even to join in any combination* or system of 
measures, having in view the slightest opposition to the constituted 
authorities, is not only in a military, but in a civil point of view, a 
crime of the first order; and it ought to be recollected by every one, 
here present, that the same Code of laws which prescribes our individu- 
al rights, denounces death upon those who offend in this particular. 
If the young men, who are said to have entered into the present 
Combination, suppose that they have not offended in this particular, 
they have either misapprehended the instructions given to their Com- 
mittee, or that Committee have exceeded those instructions; one or 
the other of these conclusions the Major commanding is inclined to 
admit; for he cannot believe, that they have intentionally adopted a 
step, ruinous as this would be in its consequences to themselves. With 
respect to the Committee however, the same excuse cannot be pleaded. 
They appear to have erred knowingly and intentionally; and there is 
even reason to believe, that their influence has been employed in se- 
ducing others from the path of duty. 
What steps may be taken with respect to a dereliction so gross, re- 
mains to be determined hereafter; and in the mean time, the persons 
her e referred to, viz. Cadets Holmes, Loring, Ragland, Vining, and 
Fairfax, will consider themselves in arrest, and will absent themselves, 
from this Post within six hours from this time, and proceed directly, 
without delay, to the places of residence of their respective guardians, 
where they will remain until further orders. 
The Major commanding cannot close this order, without cautioning 
the Cadets against the repetition of that conduct, which, in a second 
instance, must draw down upon them the severe infliction of Milita- 
ry Law. 
He enjoins it upon them, to give a zealous and faithful attendance 
upon their Academical and Military duties; to abstain from all meet- 
ings, and assemblies of Cadets, for purposes of joint deliberation ; to 
withhold their names from papers, and representations of any kind, • 
and he forbids each and all of them, drawing up, or circulating such 
papers, or acting, on any occasion, as -the Committee of the Cadets, 
without special permission so to do. The violation of these rules, al- 
though in a single instance it may be looked upon as the mere ebulli- 
tions of ardent and youthful feelings, will become criminal in the repe- 
tition ; and the Major commanding 'sincerely hopes, that he may not 19 
hereafter be called upon to view it in this light. At the same time, should 
this be found necessary, and with the view of correcting any erroneous 
impressions on this subject, he hereby declares, that any deviation from 
their true spirit and meaning, shall, in every instance, be dealt with 
according to the strictness of Law Martial. Signed, 
By order, JAMES D. GRAHAM, Li. Sf Post Adft. 
(I) 
Substance of an Order. 
The residence of cadets Fairfax, Loring, Ragland, Holmes, and Vi- 
ning, at Mr. North’s, or in the vicinity of this Post, is forbidden. 
They will leave their present residence in one hour. 
Nov. 28th, 1818. 
Signed, S. THAYER. 
The Committee were only awaiting the arrival of the steam boat in the 
evening; and in the morning on which the order was issued it was rain- 
ing very fast. The Committee were refused a copy of the above order. 
(E) 
West Point, Nov. 27th, 1818. 
It has been asserted in the orders read this day before the batallion, 
that the members of the Committee appointed by us, had probably used 
their influence in persuading us to take the steps which we have taken. 
We, the undersigned, do therefore affirm, upon our word of honor, that 
no influence was ever employed, in persuading us to take those steps, 
and that in so doing we did not think it was at all contrary to military 
discipline. Signed, 
Joshua Baker, 
Nich. P. Trist, 
David Wallace, 
A. K. Woolley, 
J. C. Holland, 
W. E. Cruger, 
A. Edson, 
W. G. Hall, 
Armisleatl Long, 
J. Nichols, 
R. W. Allston, 
Julian Henry, 
James Henshaw, 
S. Mc‘Rea, 
C. Graham, 
J. Grier, 
George Stickney, 
A. Lincoln, 
J. W. Fales, 
R. D. C. Collins, 
A. J. Donelson, 
G. W. Folger, 
N. Tyler, 
George Wade, 
J. H. Winder, 
M. A. Jones, 
A. Graham, 20 
Jasper Strong, 
J. A. Dumeste, 
William Rose, 
H. Buswell, 
Thomas Wright, 
Wm. Wall, 
T. H. B. Latrobe, 
Francis Lee, 
S. M. Capron, 
G. W. Tahnadge, 
Henry Clark, 
II D. Burke, 
Chas. Dipimock, 
Geo. Taylor, 
A. M‘Wright, 
W. E. Chipiey, 
D. D. Tompkins, 
Julius A. Lagnel, 
Win. C. Young, 
E. D. Clarey, 
F. W. A Hanson, 
Charles B. Shaw, 
J. B. Hopson, 
J. J. Abercrombie, 
L. Morris, 
S. B. Dusinberry, 
S. A. Hobart, 
S. B. Fillebrown, 
D. M. Porter, 
W. G. Hunter, 
J. F. Ilamtramck, 
James Wood, 
G. D. Ramsay, 
J. Craig, 
James Scott, 
J. Prescott, 
J. M. Edwards, 
B. E. Person, 
J. Newell, 
J. A. Phillips, 
H. C arlton, 
W. S. Maitland, 
W. Gwyun, 
Win. Turnbull, 
E. B. Birdsall, 
II. B. Tyler, 
M. E. Livingston, 
Farnifold Greene, 
J. J. Reynolds, 
Enoch Mason, 
A. Brockenbrough, 
Richard C. Cross, 
A. Canfield, 
Charles Radclifle, 
J. J. Janies, 
Constantine Smith, 
J. F. Scott, 
J. A. Chambers, 
D. Tyler, 
A. R. Skinner, 
B. H. Wright, 
T. Edwards, 
W. J. Scott, 
II. S. Coulter, 
R. Hunt, 
P. Buchannan, 
C. Burdine, 
Edward Morton, 
W. H. Kerr, 
S. Wragg, 
M. T. Anderson, 
J. H. Cooke, 
T. J. Harman, 
T. Rodney, 
T. F Johnson, 
T. Noel, 
J. Picked, 
J. B. Scott, 
H. Day, 
George Wright, 
Wm. II. Svyift, 
J. L. M!C>omb, 
W. Bourne, 
E. Massey, 
J. Vail, 
J. M‘Kenzie, 
T. F. Buck, 
R. Thurston, 
H. Hobbs, 
Wm. Malcolm, 
St. C. Denny, 
G. F. Lindsey, 
C. Guerrant, 
II. L. Irwin, 
William' Stith, 
J. Pentland, 
E. Felt us, 
J. H. Hewitt, 
J. S. Ilepburne, 
J. R. Bowes, 
E. Hawkins, 
T. Ingalls, 
G. Whistler, 
T. B. Wheelock, 
W. W. Morris, 
C. G. Pierce, 
J. L. Bean, 
F. Seaside, 
S. C. Ellis, 
D. Moitiac, 
D. Hunter, 
E. D. Root, 
J. R. Stephenson. 
Eustis Trainor, 
H. Bainbridge, 
W. A. Elliason. 
J. W. Fulton, 
J. A. Wilkin, 21 
(K) 
2b Cadets W. M. C. Fairfax, C. R. Vining, Thomas 
Ragland, Nath’l. H. Loring, and C. R. Holmes. 
Gentlemen, 
With feelings of the deepest regret, we realize your departure from 
among us; but you go not alone, you have won our confidence and 
esteem, by conduct worthy of yourselves, and the cause you have un 
dertaken. In that cause you sacrifice nothing, if the wishes and exer- 
tions of fellow students avail; we feel the same resolution, which cal- 
led forth that noble exertion of soul, and bade you offer your individual 
welfare in our behalf. Too deeply do we feel our obligation, when 
with pain and mortification, we own our inability to make you that 
return we could wish; but we pledge our sacred word, to aid you in 
the common cause, to withhold no exertions or sacrifice, which our si- 
tuation may require: We will animate each other to follow the path 
you have so nobly dared, for your honor’s sake; and it is with grate- 
ful hearts we reflect, however debased our situation is, it is not in the 
power of an individual to blast your reputation. No ! there are those 
who cannot be deceived, who will bear it up under the frown of the 
world, and with triumph proclaim it unsullied. Enjoy then the benefit 
of that firmness of soul, that rectitude of principle, with which you are 
so eminently endowed. We would each of us take an affectionate 
adieu. But we cannot suppress the hope, that our separation will be 
as short as it is painful. We would, however, offer our sincere thanks 
for your steady adherence, your implicit obedience to our wishes, in 
every particular of your conduct, as a Committee, and to enjoin yon 
to adhere to our cause, as long as consistent with that rectitude of 
conduct, that has ever characterized you. After four years acquain- 
tance, to part with you, would call forth tears sacred to friendship, 
were they not suppressed by a nobler feeling, a resolution to sacrifice 
every thing but that pride of spirit which never can be broken by 
scourge, that feeling of honor, which should ever distinguish the Gen- 
tleman and the Soldier. With this resolution, and with the firmest re 
liance on your exertions, we bid you adieu, with the feeling, love, res- 
pect, and esteem, which we hope will ever be felt for such distinguished 
merit. 
W. E. Cruger, 
R. Lowndes, 
G. Wright, 
J. Pentland, 
Thos. R. Ingalls, 
H. L. Irwin, 22 
W. A. Elliason, 
Daniel Tyler, 
W. J. Scott, 
David Vinton, 
Robert S. Brooke. 
J. M‘Kenzie, 
J. C. Holland, 
Thomas Noel, 
F. Emmerson, 
T. F. Buck, 
T. F. Johnson, 
G. M‘Lean 
F. Searle, 
J. Barney 
Thomas Lowndes, 
W. W. Gaillard, 
J. Ross, 
T. Snelling, 
Thomas Wright, 
J. H. Cooke, 
C. Dimmock, 
E. C. Ross, 
Jos. D. Rupp, 
T. B. Wheelock, 
E. E. Massey, 
M. TaliafFero, 
N. Tyler, 
E. B. Alexander, 
J. Bean, 
R. Day, 
O. Wheeler, 
B. Person, 
J, E. Newel, 
G. F Lindsey, 
F. Green, 
S. Hobart, 
S. B. Dusenbery, 
J. Pickell, 
E. Root, 
J. II. Winder, 
S. C. Ellis, 
G. Wade, 
D. Hunter, 1st. 
Benj. Wright, 
J. R. Coolidge, 
D. Hunter, jun. 
R. H. Stuart, 
H. Day, 
J. Stephenson, 
St. Clair Denny, 
Thompson Morris, 
Mor. L. Livingston, 
J. Vail, 
W. G. Waties, 
F. Underhill, 
R. W. Alston, 
R. D. C. Collins, 
H. Bainbridge, 
W. Bourne, 
J. N. Fales, 
H. B. Tyler, 
A. Brockenbrough, 
J. R. Bowes, 
Worthington, 
Chs. Guerrant, 
Win. C. Dehart, 
Wm. Boyce, 
G. M‘Call, 
Jam. Chambers, 
G. W. Whistler 
A. Edson, 
G. W. Talmadge, 
W. G. Hall, 
II. Buswell, 
J. Nichols, 
J. D. Hopson, 
A. Long, 
Ed. Peers, 
T. Edwards, 
Ed. Feltus, 
T. G. Harman, 
D. Moniac, 
E. Trenor, 
H. S. Coulter, 
G. Dutton, 
W. A. Lacey, 
J. M. Tufts, 
J. Dimrnick, 
W. H. Kerr, 
D. Porter, 
G. Morris, 
Jefferson S. Myers, 
J. Henshaw, 
Jason Rogers, 
Robert Hunt, 
Sami. Wragg, 
Thos. J. Rodney, 
J. B. Scott, 
J. L‘Engle, 
W. G. Hunter, 
H. Gilbert, 
J. F. Scott, 
C. Radcliffe, 
Julian Henry, 
E. Birdsall, 
J. G. Reynolds, 
J. M. Edwards, 
Nich. P. Trist, 
W. II. Harding, 
Phillips, 
J. F. Hamtramck. 
W. Turnbull, 
B. Gorham, 
I'. M'Cormick, 
W\ C. Young, 
II. D. Burke, 
A. Graham, 
T. M‘Namara, 
J. Wood, 
C. Burdine, 23 
J. A. Dumeste, 
N. Gardner, 
E. D. Clary, 
J. W. Fulton, 
E. Mason, 
W. II. Swift, 
F. N. Barbarin, 
J. J. James, 
J. M‘Ree, 
Wm. Rose, 
James Scott, 
W. Gwynn, 
E. G. W. Butler, 
Julius Ad. Lagnel, 
A. J. Donclson, 
W. G. Hall, 
W. A. Jones, 
H. Carleton, 
C. G. Smith, 
J. Nichols. 
(M 
City of New-Yorl, Nov. 29th, 1818. 
To J. C. Calhoun, Secretary of War. 
Sir, Doubtless an official report has been made to the Department of 
War, of the arrest, by the Superintendent of the Military Academy, of 
the undersigned Committee from the Corps of Cadets; and of the pro- 
ceedings occasioning and attending their arrest. 
Under orders to repair to our respective homes, and consequently 
obliged to separate from each other, we make use of the present opportu- 
nity, whilst still together, to present you with the following Memorial and 
Petition, in behalf of the Corps of Cadets; trusting to the merits of a 
candid and plain statement of facts, which can be amply substantiated, 
and placing firm reliance in the justice of the Department, we pray 
the attention of the Secretary of War, and ask redress, in their name, 
for the wrongs which the Corps has received. These injuries', arising 
out of the conduct of the immediate commanding Officer, captain Bliss, 
urge a relation, not only of the particular instances of which we com- 
plain, but also of the general tenor of his conduct. 
The conduct of captain Bliss, with respect to the corps under hi* 
command, has been highly unofficerlike, and materially detrimental to 
the best interests of the Academy. His opinions, on the constitution 
of government, necessary to the support of military order and discipline 
(from which opinions have originated the measures pursued by him,) 
are in direct opposition to those views with which they should harmo- 
nize. An officer who maintains, that the same means of coertion 
should obtain among the students of the Academy, as in the ranks of 
the army; that the ball and chain should be introduced as a punishment, 
is unacquainted with the nice feelings of honor, which should rule in 
the breasts of those, who are intended to direct the armies of iur Re- 
public. Although it may seem somewhat irrelevant to the subject, 24 
yet, as an exemplification of the contracted ideas of this officer, we deem 
it proper to state, that he has objected to the institution and existence 
of Literary Societies among us, inasmuch as they unite us too strongly 
in friendship and affection. 
For an account of the particulars of his conduct, we beg leave to re- 
fer you to the charge (G), and certificates (D), which show acts of vio- 
lence, personal, gross, and degrading, to the gentlemen of the Acade- 
my, who are so unfortunate as to be under his command. 
This treatment having remained unnoticed by the Superintendant, 
although complaints had been made, by the particular individuals in- 
jured, and having become so flagrant and outrageous, as no longer to 
be supportable, the Cadets appointed a Committee, to pray re- 
dress from the Superintendant, of injuries, which they could now but 
look upon as sustained equally by the whole corps. 
This Commitee, nominated in an open, orderly manner, and in a 
way incapable of being construed to violate any rule of military sub- 
ordination, and which interfered not with any academical duties, after 
having consulted the Rules and Articles of war, and examined the pro- 
visions therein made for the redress of grievances, drew up the enclos- 
ed petition (C.) as a general outline, with the intention to state parti- 
culars, when they should be admitted to an interview with the Super- 
intendant. This interview, solicited on the part of the Committee, by 
a note, the Major commanding declined, unless he should be previous- 
ly made acquainted with the business they intended presenting, for his 
consideration. 
Being made acquainted, therefore, with our objects, and after read- 
ing the Petition aforementioned, in a private and individual capacity, 
he returned answer as Superintendant, that he would neither receive us, 
nor our communications. 
Thus unexpectedly refused, where we confidently relied on redress 
our appeal should have been made to you, Sir, had not the standing 
orders of the Post at West Point, interdicted all immediate communica 
tion with your Department; thus rendering it impossible for us, con- 
sistent with our duty, to make known our ignominious situation to you, 
except through the Superintendant of the Academy; and it was not to 
be supposed, that the officer, who himself refused to listen to our com- 
plaints, would forward them, for consideration, to higher authority. 25 
Thus bereft of the most distant prospect of relief from the odious 
and degraded situation in which we found ourselves, we were prompted to 
retire,(however unwillingly in any other situation,) from that profession, 
on which we had rested our hopes, in preference to doing violence to 
the sentiment which gives it all its glory, and which first induced us to 
enter the service of our country. The resignation of our warrants was 
accordingly written; not, however, under the influence of any deter- 
mination entered into, as Members of a Committee, but as individuals of 
a corps, whose honor we conceived to be tarnished. The Superinten- 
dant refused their transmission to the War Department, returned them 
unopened, and desired us to leave his presence. 
On a perusal of M‘Comb on Martial Law, we determined to pre- 
sent our Complaint, in the more powerful and pressing form of Char- 
ges ; as we knew it immaterial by what rank charges were preferred, 
provided they were predicated on sufficient evidence, and embraced 
complaints worthy the cognizance of a military tribunal. The charge 
(G) of unofficerlike, and ungentlemanlike conduct, consisting of four 
specifications, to each of which certificates on honor (D) were obtained 
from respectable gentlemen of the Academy, was made out. This 
charge, and its specifications, (which we consider as fully substantia- 
ted,) was enclosed in an envelope, (F) setting forth its necessity, re- 
peating our desire that they should be acted upon by himself, (the Su- 
perintendant,) and candidly stating our determination to make appli- 
cation, through the medium of friends, to the Executive, if we should 
again be refused. They were presented in the same manner as was 
our first communication, to know if the Superintendant would receive 
them, as coming from the Committee, in their capacity as such. We were 
informed, that he would not; and be remarked to the Individuals who 
presentea them for the committee, that he had never refused hearing the 
complaints of individuals, on their own particular grievances; but as a 
Committee from the corps in general, we had no right to call our com- 
manding Officer to account for injuries to particular individuals of his 
command; that the conduct of the Committee, in thus pushing the af- 
fair, was ill timed and indelicate, as well as highly reprehensible, in a 
military point of view; that it was calculated materially to injure the 
interest of the Academy, and that it was also likely to be attended with 
consequences to ourselves, as individuals of the committee, of which 
we had no idea, but which we should probably be made acquainted with. 
He concluded with saying, that he would look at the papers last pre- 26 
sented, and if they contained any information new to him, it was reas- 
onable to suppose he would act upon them. 
We submit to your determination, whether our conduct has been ill 
timed, indelicate, or unmilitary. The enclosed MI) discovers the senti- 
ments of the Superintendant; and with the following one (I) contains 
something particularly relative to the undersigned, as individuals, but 
this being a matter of secondary importance, we are willing to leave it to 
the ulterior consideration of the Department. 
We are, Sir, with the highest respect, 
your very humble servants, 
CHARLES R. VINING, 
NATHANIEL H. LORING, 
CHARLES R. HOLMES, 
THOMAS RAGLAND, 
WILSON M. C. FAIRFAX 
Committee in be- 
half of the 
Corps of Cadets. 
( M) 
Adjutant And Inspector General’s Office, Dec. 9ih, 1818. 
GENERAL ORDERS. 
A Court of Enquiry, to consist of major C. Gratiot of the Engineers,. 
President, and captain J. Babcock of the Engineers, and lieutenant 
Horace Webster of the third Infantry, Members, will convene at West- 
Point, on the 21st day of this month, to enquire into the late transac- 
tions, and disorders at the Military Academy, which caused the order 
of the 27th November last, which will be laid before the Court. 
The Court will examine such evidence as may be offered, and call 
for whatever information it shall deem important to a right under , 
stading of the whole subject. 
The President will direct one of the members to act as Recorder, 
and the Court will transmit to the War Department the evidence it 
may collect, with its opinion on the several points, as soon as practi- 
cable. By order, 
D. PARKER, Ad ft tylnspt'r General. 27 
(N.) 
The Case op tub Cadets op the United States’ 
MILITARY ACADEMY. 
The ebullitions of the youthful mind may often wantot into error, 
and warmth of feelings, in seeking redress of wrongs oiiginnte mea- 
sures, which may give occasion for censure. Yet age should be cau- 
tious not to judge harshly of the actions of youth. They are not al- 
ways the effect of the whim or the caprice of iil directed or unstable 
opinion; nor the crude notions of warped or misled imagination. 
Judgment is sometimes the influencing power, and their deeds may 
emanate from mature reflection. If, when right, they are to sustain 
insult or injury, and are to be considered as wrong, without an exam- 
ination to determine, merely from the idea of their imbecility, and 
consequent liability to error: this is a criterion calculated to suppress 
the finest feelings of the heart, to cower the lofty spirit, and to dissi- 
pate the generous enthusiasm of aspiring minds. 
Those, particularly, who are to be of the military profession, 
should be taught to shrink from even the semblance of degradation : 
for the passive submission of the soul to insult, disqualifies the most 
efficient in science for the military life. Hence, we should look to the 
Military Academy, to see there inculcated, cherished, and enforced, 
this essential requisite of the officer, by the strongest precepts and most 
strict example. But it is there that we discover young gentlemen of 
merit, grossly and personally misused by their superiors. It is there 
that exists an organized system of violation, net only of the rules of 
common civility, but of the laws of our country; where expediency, to 
effect particular and private views, seems to sanction every proce- 
dure; and where it is deemed “a crime of the first magnitude” to 
complain. 
It is proper that outrages of this nature should he exposed ;—that 
aberrations from rectitude of this order, should be corrected; and, 
therefore, the necessity of the following statement of facts. 
The Military Academy, established under an act of Congress ill 
1802, and augmented under the subsequent act of 1812, should, accord- 
ing to these acts, he under the controul of the chief, and officered from 
the Corps of Engineers. This special provision was doubtless with a 28 
\iew to have it conducted by select officers, of a regular military edu» 
cation ; in order to insure the proper instruction, and afford the bright- 
est examples of military worth to the students; that the unripened 
mind might unfold by the light of science, with liberality of sentiment, 
and delicacy of laudable pride. Officers from the Corps of Engineers, 
educated at this Seminary, have a recollection of the feelings of Ca- 
dets, and know who they are; such only are the persons suited to in- 
struct and govern them. 
The present polity of the Institution is, however, inconsistent with 
these views; officers from every arm of the service have, there, com- 
mand ; and several of these officers are without the slightest pretension 
to a regular military education. A large majority of the students are 
superior to them in the acquirements of literature, as well as in the par- 
ticular branches taught at the Academy. The selection of those offi- 
cers were, and their continuance is, according to the will of the Super- 
intendant; a brevet major, on whose smile rests their prosperity, and 
at whose mandate law is contravened. By section 4th of the law of 
1812, in relation to this Institution, the officers of the Academy are to 
determine on the merits of its graduates, and to designate the corps in 
which they should be appointed. The framers of that section could not 
have anticipated that this decision would be made by such persons as are 
above mentioned ; and, indeed, there is no provision made for the sta- 
tions that several there hold, for officers of the Engineer Corps. The 
Cadets are, therefore, under the command of persons of fictitious titles; 
some of whom, elated with the “ pride and pomp” of newly acquired 
rank, disdain to allow the slightest appearance of social intercourse 
between themselves and a Cadet, who is simply the gentleman, or, 
seemingly in their consideration, only of the grade of a common soldier ! 
The consequence of which is a grievance of this nature ; Cadets have 
been ordered to leave a dinner table at West Point,on the appearance 
of an officer of the Institution to take his seat at the same. 
Another prominent fact, is the institution of Courts of Enquiry, to 
investigate the conduct of Cadets, contrary to the 92d Article of War; 
in which they are forbidden, unless ordered by the President of the 
United States, or demanded by the person charged with a military of- 
fence, “as they may be perverted to dishonorable purposes, and may 
be considered as engines of destruction to military merit, in the hands 
*f weak and envious commandants.” Before these courts, Cadets have 
been coerctd to give evidence on oath, by the threat of dismissal if they 29 
refused; and induced, by a like threat, to inform against themselves, in 
contradiction of every rule of law, civil or military, either in this, (See 
5th Art. Amend. Con. U. S.) or any other Christian country, except 
the law of the Inquisition—the only parallel in existence. On the re- 
ports of those illegal tribunals, Cadets have been reprimanded, sus- 
pended, and dismissed. 
The tyranny of the system is further exemplified, in the compulsion 
of many Cadets to resign, by the threat of immediate dismissal, in the 
event of their refusal to do so; and in the discharge of cadet Syming- 
ton for such refusal. These resignations were forced, under the pretext, 
that those Cadets had not made sufficient progress in their studies. Cadet 
Pinckney of this number, who had passed the examination with credit 
to himself, was, from the casual omission of an acting assistant Profes- 
sor, to place him on the examination rolls, forced to resign; when it 
was notorious at the Institution, that he had passed agreeably to the 
declaration of the Academic Staff, immediately after the examination. 
The Secretary of War restored this young gentleman to the Academy, 
on the representation, by his friends, of his particular case. Thus, ac- 
cording to the arbitrary will of an individual, of no higher grade than 
a captain of the army, many young geutlemen of worth were, in the 
eye of the world, disgraced, without the shadow of cause, excepting it 
might be the desire of imposing on those who were allowed to remain 
at the Seminary, in consideration of his authority. This assumption 
of power was known to the Executive, and met with their disapproba- 
tion, but not their correction. It could not be, that favor compromised 
error! No, it was only that some view of policy, which, to those whe 
suffered, at lpast, appeared strange and mistaken, forbad their correc- 
tion ; as if there could be any foundation of authority, so well bottom- 
ed, and so stable, as on the idea of justice correctly, and strongly im- 
pressed on all concerned. 
Another grievance is the exorbitant charge for the injury of class books, 
to those who receive them for the purpose of study; and the appropri- 
ation of the fines thus collected, to purposes not sanctioned by any 
known or legal authority ; in this manner imposing and collecting tax- 
es, in support of unauthorized expenditures. 
The interdiction, by an order of the Superintendant, of all commu- 
nication from the Cadets with the War Oiiice, on any occasior what- 
ever, contrary to the true spirit and intent of the 3-1th article of war, 30 
(wherein is provided for, the redress of grievances to those who have 
been refused it, by their immediate commanding officer,) is in harmony 
with the existing government at West Point, isolating those there from 
the benefit of our established laws, it places them under complete mili- 
tary despotism ; and the exercise of this despotism is shewn by a refer- 
ence to the recent refusal to hear the complaint oj an individual, who had 
been seriously aggrieved by a personal outrage; and the omission to act 
on other individual’s complaints that he did receive, (See certificates of 
cadets Nicholson and Worthington, in the memorial to the Secretary 
of War, which can be supported by abundant other testimony,) in vio- 
lation of the 35th article of war. 
After so long, and so patient an enduring of this system of oppression, 
which, far from being relaxed, had proceeded gradually, but rapidly, 
from infringement of abstract right, to a violation of personal security; 
it was that refusal and omission, which prompted the Cadets to the mea- 
sure they adopted, of appointing a Committee to slate their grievan- 
ces at large, and, in the most orderly manner, to seek redress. This 
Committee proceeded with guarded circumspection, sought at every 
step, to be corrected, if in an error as to their mode; and expressed to 
the Superiotendant much anxiety to be instructed in the proper course 
of piosecuting their business, by communing with him, in a private and 
individual capacity, and by shewing him their papers unofficially, in 
order to ascertain what ought to be their public steps, and whether or 
not they would be likely to meet his approbation. And on discover- 
ing that he disapproved of their papers, they were withheld, nor were 
they ultimately offered to him in his public character 
It may here be remarked, that if he considered the mode of acting 
by Committee disorderly, this was the proper time so to declare ; as by 
his simple*order, even verbally given, the Committee would have been 
dissolved ; but he suffered them to proceed to that point, which accor- 
ding to his order of the 27th of November, was considered so censura- 
ble, when he might come down upon them with the thunder of Martial 
Law, in a sudden arrest, and order to retire to their respective homes, 
without paying that decent attention to their personal convenience, 
which a removal so unexpected required. (See his order of 2Sth Nov.) 
Wherefore, the conclusioh is unavoidable, that if there really existed, 
in his opinion, even the slightest appearance of mutiny in the corps, 
he neglected his duty in not suppressing it in embryo. 31 
The Superinteudant manifests a willingness to make, against the 
corps, the charge of a mutinous disposition, which is calculated to imbue 
with the deepest stain the soldiers’reputation; this being the second in- 
stance in which he has exhibited it, much to the detriment of the Institu- 
tion. The credit due, however, to such a charge from him, will best ap- 
pear, by a recurrence to the proceedings of a Court of Enquiry, held a 
West Point, to examine into certain alleged disorders at the Academy: 
and composed of some of the most eminent officers of the army. 
In the order of the 27th of November, abovementioned, the proceed- 
ings of the corps were denounced, as flagrant violations of military or- 
der; they (the Cadets) were imperiously forbidden to take any mea- 
sures, or to sign any paper, in relation to their Committee, or otherwise; 
and the Superinteudant refused to allow the latter a copy of the order 
relating to them, contrary to military usage ; which, with his other acts, 
was calculated to impress, on all persons unacquainted with existing 
facts, (as are the people of the United States generally,) an idea, that it 
was for infamous conduct that they were arrested. It is understood 
the Court of Enquiry lately held at West Point, adopting the same idea, 
(probably founded on the oath which the Superintendant was there al- 
lowed to take against them, whilst the members of the Committee were 
not allowed to he present, or to adduce testimony in their favor,) have 
reported the conduct of the Committee of Cadets to be “ highly repre- 
hensible, and bordering on mutiny !” Had the members of that Com- 
mittee, according to the 9lst article of war, been allowed to adduce 
testimony, to exhibit their conduct to the Court, in its proper light; 
had they been even brought before it, and suffered to raise the veil of 
mysterious and ominous secresy, which has covered all the proceedings 
relating to themselves, so contrary to the spirit of all our happy insti- 
tutions, they would have shewn, that their appointment was essentially 
calculated to preserve order at the Academy; that their best exertions 
were given to prevent the slightest infringement on the Regulations at 
the Post, although they might be deemed illegal, and that they actual- 
ly suppressed a disposition and determination in several persons, to 
violate the severe and unprecedented restrictions of the 27th of No- 
vember. They could have adduced the most respectable precedents 
for such Committees; particularly, 
la the case of the officers of Washington's army, who appointed a, Commit- 
tee to state their grievances to Congress ; and so far from being discour- 
aged therein by the Commander in Chief, that he even afforded them fu 
cilities for the purpose. 32 
In the more recent case in the late army, of the Remonstrance from the ofji- 
cers of the 12th Regiment, against the promotion of colonel Coles. 
In the case of the late Memorial from officers in the Mediterranean service, 
touching the personal outrage offered captain Heath, ly commodore Per- 
ry, which is an instance directly in point. 
In the usage at iVest Poiut, of appointing Committees, during the com- 
mand of general Swift, and captain Partridge, upon numerous occa- 
sions ; sanctioned hy the respectful attention of those officers, and their 
readiness to redress the grievances complained of 
All of which precedents, it was to have been hoped, would, at least, 
have served to save from censure the Cadets, and their Committee; if 
not to show, that in many cases the mode adopted by them, is the most 
respectful and orderly, as well as best adapted to the purpose; and 
since it is not prohibited or proscribed, either by the letter, or in the 
spirit of our military laws, it is not to be conceived why precedent 
shonld not be allowed its usual weight, in this particular case; in which 
it may well be asked, how else could the corps act with order, but by 
their Committee, after a refusal to hear individual applications? and 
what case could require the promptest and most efficient means, con- 
sistent with respect, if not this, one of personal outrage and violence? 
A soldier must bend to discipline; but a gentleman cannot endure in- 
dignities; and even the truest Christian characer is not violated, by 
manifesting a highmindedness, and tenacious attachment to that class 
of conventional rights, that are too peculiarly personal to be relinquish- 
ed, without a loss of reputation, or worse, a loss of self respect. 
Amongst other injuries referable to the same source, namely, the 
abuse of power, is one, which, though of little consequence compared 
with others aforementioned, deserves to be noted; the refusal of the 
Major commanding, to grant transportation to the arrested Cadets, 
when ordered home; when it was notorious, that their slender funds 
would not have enabled them to have complied with the order, had 
they not been asisted by their sympathizing brother Cadets; and great 
indeed should have been their criminality, to have sanctioned the step 
pursued, in thus ordering them away; as it must be obvious, that the 
loss of time to those so near the completion of their studies, is an inju- 
ry to themselves, not to say to the country, which from its nature ad- 
mits not of redress, 33 
But to prevent the recurrence of such grievances, and to render the 
Military Academy what, in its institution, it was designed to be a pro- 
per Seminary for the future Rulers and Commanders of a free, enlight- 
ened, and polished nation, too conscious of its greatness to stoop to 
meanness, and too powerful to practise fraud; the want of a Code of 
Regulations, fixed and certain, has become notorious; If the Cadets 
mistake in supposing themselves to be under the Rules and Articles of 
War, by misconstruing article 96th, the}' are anxious to be informed 
in what character they stand, and to what Laws they are subjeet. They 
dread not the penalties of the Law Martial, if they can but enjoy its 
protection. 
We are, Sir, with the highest respect, 
your very humble servants, 
CHARLES R. VINING, 
NATHANIEL H. CORING, 
CHARLES R. HOLMES, 
THOMAS RAGLAND, 
WILSON M. C. FAIRFAX. 
Committee in be- 
half of the 
Corps of Cadets. 
To J. C. Calhoun, Secretary of War. 
Washington City, Jan. 1819. 
(O) 
On the intimation of the Secretary of War, after the statement of the case 
of the Cadets was handed to him, that a letter of acquiescence in the Pre- 
sident's decision, on the Report of the Court of Enquiry, held under the 
order of the 9th of December, should be written by us, the following one 
was accordingly prepared and presented. 
Wa.shinc.ton Jan. 27th, 1819. 
To J. C. Calhoun, Secretary of War. 
Sfr, From so much of the decision, on the case whereon you latelv 
ordered a Court of Enquiry at West-Point, as you have thought fit to 
make known to us, being given to understand that it is the pleasure of 
the President ot the Tinted States, that we be recalled to the Military 
Academy, so soon as the Superintendant shall deem it expedient; and 
learning also, that the corps of Cadets are considered as having been 
incorrect in acting by their Committee, of which we were members, 
we deem it proper respectfully to declare to you, Sir, as head of the 34 
War Department, that, having been personally free from the injuries 
of which the corps has complained, nothing could have induced us to 
act iu that capacity, but a deep sense of the justice of those complaints, 
AND A CONVICTION THAT OTHER MBANS OF REDRESS WERE UNAVAILABLE, 
that we acted deliberately, from the purest motives, and, at the same 
time, with a desire, that there should not be the least violation of mili- 
tary order; of the propriety and necessity of which, as a constant rule 
of action at the Academy, we have ever been fully impressed; aud of 
this, sir, we think we gi\e you a proof, when we further declare, that 
NOTWITHSTANDING THE RESPECTABLE PRECEDENTS WHICH EXIST OF SIMILAT. 
committees, we cheerfully acquiesce in the President’s condemnation 
of this mode of proceeding, if by that we are to understand, a princi- 
ple ADOPTED BY YOUR DEPARTMENT, APPLICABLE NOT ONLY TO OUR CASE> 
BUT TO ALL SIMILAR CASES IN THE MILITARY SERVICE. 
With respect and consideration, 
we subscribe ourselves 
your very humble servants, 
WILSON M. C. FAIRFAX, 
THOMAS RAGLAND, 
NATHANIEL H. LORING, 
CHARLES R. VINING, 
CHARLES R. HOLMES, 
Committee 
in bhalf of 
Corps of Cadets. 
(n 
The Secretary returned this letter, with a notice, that he had laid it before 
the President, who wished the last sentence, in these words, if by that we 
are to understand, a principle adopted by your Department, applica- 
ble not only to our case, but to all similar cases in the military service, 
might be struck out ; and with an indirect assurance, that our doing this 
would close the affair. They were stricken out accordingly, a\xd the let- 
ter returned to the War Office. The letter, with its modification, was 
again laid before the President, who was still dissatisfied with its con- 
tents, and directed Mr. Calhoun to suggest, and require a further alter- 
ation, namely, the erasure of the icords and a conviction that other 
means of redress were unavailable; and also the following, notwith- 
standing the respectable precedents which exist of similar committees. 
Upon the requisition to do which, the following answer was returned. 35 
Washington Cltv, Feb. 1st, 1819, 
To J. C. Calhoun, Secretary of War. 
Sir, We have considered the further alteration suggested bjj you this 
day, of our letter to your Department, of the 27th pf January last, and 
regret that we cannot adopt the same. To go further than the alter- 
ation before suggested, and agreeably lo which it was handed in, would 
be to admit, that we only have been wrong, as a committee, notwith- 
standing numerous precedents; or, that the Cadets, as a body, were 
in error, in acting, in an extreme case, by committee; when at the 
same time, they are not allowed to consider your condemnation of this 
mode, as a general principle; although the Rules and Articles of War, 
under which they are acknowleged to be, contain no distinction against 
them. The Cadets, who lately composed the Committee, are sensible, 
sir, that they are not to expect a change, in their favor, of the course 
which the Executive Government may have determined upon as correct; 
but they are too sensible of what belongs to themselves, to make an 
acknowlegdment of misconduct, when they are consious of having act- 
ed correctly, from pure motives, and with a disinterested aim, which, 
upon the most mature reflection, they cannot but approve. 
We should, however, be unworthy of the cause in which we suffer, 
did we not experience unfeigned satisfaction in knowing, that for the 
corps to which we belong, substantial redress has been granted; with 
a fair prospect of being hereafter exempted from injuries, such as those 
of which they were obliged to complain. It was for this, that without 
personal grievances, we consented to relinquish individual ease and 
comfort. It is for this, that we yield ourselves a sacrifice, to what the 
Authorities, to which we are bound to submit, deem expedient; that 
we should remain under arrest, without a formal exhibition of charges 
against us, and be condemned without a trial. 
With respect anil consideration, 
we are, sir, your obedient servants, 
THOMAS RAGLAND, 
NATHANIEL H LORING, 
CHARLES R. HOLMES, 
WILSON M. C. FAIRFAX, 
CHARLES R. VINING, 
Commit lee 
in lehalf of the 
Corps of Cadets 36 
(«) 
MEMORANDUM. 
Washington City, Dec. 3rd, ISIS. 
To-day we had occasion to wait upon general Parker, Adjutant and 
Inspector General of the United States’ army. Our business was such 
as naturally led us to speak of the injuries the Corps of Cadets had re- 
ceived from their Commandant. Without waiting for a statement of 
facts, he immediately took up the idea of a mutiny; from the order 
issued by major Thayer, he was strengthened in this absurd idea, and 
without hesitation declared, that “it was a principle in military affairs, 
that junior officers, although right, were nevertheless wrong; that al- 
though they should declare themselves aggrieved, and complain of in- 
juries, yet the presumption was that the officer, of whom they com- 
plained, was in the right.” When to remove the precipitate and erro- 
neous opinions he had conceived, we mentioned the certified facts and 
other papers in our possession, without paying regard to them, or ma- 
king those natural and further enquiries which we expected, and on 
which we rested our hopes of vindicating the conduct of the Corps, he 
proceeded to declare his opinion, “ that captain Bliss had acted cor- 
rectly—that his was a delicate command, where it was exceedingly diffi- 
cult to discriminate between cases, in which it was proper to trectt as 
gentlemen, and those in which to assume the severity of a schoolmaster : 
Some of you,” said lie, “of the age of nineteen or twenty, should be treat- 
ed with the respect of officers, and are as much entitled to it as cap- 
tains in the army; but others among you, say offourteen, fyc. incapable 
as they must, be, of understanding military orders, must have obedience 
exacted by the rod: In short, I can see no other way, than now and then 
putting a switch into their jacket s.” 
Iiis opinion on the subject was, that the Secretary of War would not 
interfere at all in the business of our arrest, and the conduct of the 
commanding officer of the Corps. But after hearing that many Gen- 
tlemen of superior stations in government, and among the rest, officers 
of high rank in the army, had. interested themselves in our cause, he 
changed quite round—offered, himself, to obtain an introduction for us 
to the Secretary, for which purpose we were politely invited to call on 
him to-morrow. He was unacquainted with the fact, that the Secreta- 
ry of the Treasury, Mr. Crawford, had taken our papers to hand them 37 
to the Secretary of War, before the foregoing opinions, were expressed. 
After hearing that this was the case, he was exceedingly anxious for 
us to ask back our papers from Mr. Crawford, and present them through 
his, the Adjutant General’s hands. 
Finding that men of superior influence had taken an interest in the 
affair he became our warmest friend, and instead of having our “jack- 
ets trimmedwas exceedingly anxious for the success of our Petition. 
THOMAS RAGLAND, 
W. M. C. FAIRFAX. 
REMARKS. 
For the purpose of explanation, it may be proper here to remark", 
that the Secretary of War, although he had received, as early as about 
the tenth of December, 1818, from major Thayer, the Report of the 
proceedings of the Corps of Cadets, and their Committee, yet he refu- 
sed either to shew the Committee the Report, or to inform them of what 
it contained against them. The Committee were unacquainted with 
the allegations set forth in that Report, till the convention of a General 
Court Martial for their trial, in May following. And although a Court 
of Enquiry was ordered to sit, and enquire into all the transactions re- 
lating to the occasion of their arrest, and as it was understood by them, 
partly at their own request, yet were they denied the right of appear- 
ing before that Court, and after the proceedings of the Court were 
filed in the war office, the common privilege of seeing what evidence 
had been taken against them, and in what manner their conduct had 
been investigated. 
They were then forced to defend themselves, without a knowlege of 
what they were charged with. And as it subsequently appeared, whilst 
they were vindicating their conduct on facts, they were secretly as- 
sailed, not by a false coloring of what had actually taken place, but by 
plausible and well connected falsehoods. This wiil be manifest, when 
major Thayer’s report is compared with the letter in an answer to it, 
by cadet Ragland. 
Perhaps it may be asked, why the paper B) was written after, and 
different from the one (A.) We anticipate this question, to shew that 
our disposition was to act, even in the minutest things, according to 
the strictness of military principle. This paper (B) in the cone In- 38 
ding sentence removes, and was written to remove an ambiguity 
in the first (A,) which paper (A) on an illiberal construction, ad- 
mitted more enlarged powers than the Cadets intended to grant. They 
intended to give ample powers, consistent with military propriety, and 
these only. 
In the “ Case of the Cadets,” it will be observed, probably, that many 
things are spoken of, which do not, on a slight view of the subject, 
seem to be embraced in the list of grievances, tor which the Cadets in- 
tended that their Committee should seek redress. But when it is under- 
stood, that the Secretary of War, and other officers, having control over 
the concerns of the Academy, supported the steps taken by major Thay- 
er, on the ground of his uniform correctness, it will be readily perceiv- 
ed, that it became proper for us to enlarge our statement, and to rebut 
this argument against us, by shewing that the abuses, of which the 
Corps of Cadets had complained, were by no means solitary instances 
of oppression, but only particular ones, of the general system of abuse 
existing at the Academy, which from being more immediately humili- 
ating and personal than others, had given rise to lawful resistance. 
There are several things in this statement, which to one having no 
knowlege of the present policy of the government, at the Military 
School, may appear to be of little moment, yet if they could he accu- 
rately informed of their extent and importance, their indignation would 
be highly excited, and they would feel a painful astonishment at the 
toleration of them, by those who have in charge the good of the Insti- 
tution. To illustrate this, we will here merely mention the particular 
of the “exorbitant charge” for the injury of class books, &c. Will it be 
possible for one, who is a stranger to the character of the present Su- 
perintendant, major Thayer, to believe, that atone payment of the Ca- 
dets, there was taken from them, under this single head, a sum no less 
than “five hundred and twenty six dollars ?” Yet such is the fact, 
incredible as it may seem. 
To what purpose has this money been appropriated ? This money 
constitutes what is well known at the Military Academy, by the name 
of the Academic Fund. And out of this Academic Fund, trees are 
planted, fences made, and whatever else is further done witli it, is not 
known to us. 
The Committee had, at the commencement of this work determined 
not to insert the memorandum (Q,) but on refleclion they have insert- 39 
ed it, because they consider that an insult offered them, so gross as 
this paper details, should suppress every feeling of lenity on their part; 
and also, that views so illiberal, require the caustic of public indigna- 
tion. 
(R.) 
MILITARY ACADEMY, 
West-Point, Nov. 30tli, ISIS. 
Sir, I have to inform you of some transactions of a very disagree- 
able nature, which have taken place during the last week at the Mili- 
tary Academy. 
After stating the facts, such as they have come to my knowledge, I 
will endeavour to trace some of the principal causes that have led there- 
to. On Sunday the 22d inst. a Cadet of the name of Nicholson, was 
ordered from the ranks for disorderly conduct; but neglecting to obey 
the order, captain Bliss, (commanding the parade,) seized him by the 
collar and forced him to retire. This occurrence appeared favorable 
to the views of certain Cadets, who were old offenders, having been the 
instigators of the disturbances which took place the last year; and they 
availed themselves of it to excite the passions of the more youthful and 
inconsiderate portion of their companions. Papers were circulated; 
committees organized ; and a regular combination formed ; of which, 
the first object was to remove captain Bliss, their immediate comman- 
ding officer. Five Cadets, calling themselves the Committee of one 
hundred and sixty others, waited on me to demand the arrest of that 
officer, and even dared to threaten me with rebellion in case of a non- 
compliance with their wishes. 
In this state of things, an order was read to the Cadets, calculated 
to bring them back to the path of duty, and live of the principal ring- 
leaders were instantly ordered from the Acad«my to their respective 
homes, there to wait the decision of government with respect to them. 
The persons referred to are Cadets Ragland, Loring, Holmes, Vin- 
iiig, and Fairfax. It is with pain that I am obliged to name Cadet 
Fairfax with the others, as his previous conduct had uniformly been 
very commendable. 
The pretty general dislike of the young gentlemen to captain Bliss 40 
arises in part from his strict discipline, forming, as it does, a complete 
contrast to that of formei times, and is in part incident to the unpleas- 
ant situation which he fills; he being the person charged to watch o- 
ver and report their conduct, and to inflict the punishments for all mi- 
nor delinquencies. But the radical cause of the disturbances to which 
the Military Academy is liable, is the erroneous and unmilitary im- 
pressions imbibed at an inauspicious period of the Institution ; when 
they were allowed to act as though they had rights to defend, as a corps 
of the army, and to intrude their voice and opinions with respect to the 
concerns of the Academy. So long as these impressions shall remain 
the Academy will be liable to combinations and convulsions, and the 
reputation of the Institution, and the officers connected with it, be put 
in jeopardy. 
Notwithstanding the proceedings which I have been compelled to 
describe in great haste, I am happy in being able to assure you, that 
there has been no positive act of mutiny or disorder; and that the 
operations of the Institution have not been interrupted for a moment. 
But as reports may be spread calculated to injure all concerned, I hope 
the Secretary of War will think proper to direct one of the principal 
officers of the Corps of Engineers to repair to this place as soon as 
practicable, in the capacity of Inspector, with orders to examine into 
th<j management of the Institution, and authorized to take such other 
measures as circumstances may require. 
I am, Sir, very respectfully, 
Your obedient servant, 
S. THAYER, Brevet Major, and 
' Superintendant Military Academy. 
Lieut. Col. W. K. Armistead, Commandant 
Corps of Engineers, City of Washington. 
rs.) 
Department op War, 
January 15th, 1819. 
Sir, The proceedings of the Court of Enquiry which convened at 
West-Point, under the order of this Department, of the 9th of Decem- 
ber last, have been examined by the President; and I have the pleas- 
ure to state, that your conduct as Superintendant of the Military Acad- 
emy, in the unpleasant occurrences, which induced that investigation 
has been satisfactory and approved. 41 
As captain Bliss does not appear to have sufficient command of his 
temper, an order will be transmitted to you, relieving him as Instruc- 
tor of Tactics, at the Military Academy, and a copy of the order detail- 
ing captain Bell, of the Light Artillery, for that duty. 
The course pursued by the Cadets, is highly reprehensible through- 
out the whole transaction ; and particularly objectionable on the part 
of the young gentlemen who composed the Committee. 
The redress of military grievances must never be extorted, or obtain- 
ed by combinations, which are alike mutinous. If captain Bliss act- 
ed unjustifiably, or oppressively, his conduct was a proper object of 
complaint to the Superintendant, from the Cadet, who was personally 
aggrieved; and the youth and inexperience, alone, of the gentlemen, 
induces the President to overlook the insubordinate course pursued by 
the Cadets, through their Committee. But however as their youth and 
inexperience were probably the cause of their irregular conduct; you 
will restore the young gentlemen, who were sent from the Academy, by 
your order of the 27th of November last, whenever, in your opinion, it 
can be done without injury to the discipline of the Institution. 
I have the honour to be, 
your obedient servant, 
J. C. CALHOUN, 
Major S. Thayer, Superintendant 
U. S.’ Military Academy, West-Point, N. Y. 
( T. ) 
West-Point, June lllh, 1819. 
To J. C. Calhouh, Secretary of War. 
Sir, To counteract a report now filed in your office, whose false- 
hood and malignity, should they have met with that reception intend- 
ed, by the reporting officer, cannot fail of inducing, in your mind, an 
injurious impression of my character, as a person in the service of the 
United States; I am induced to avail myself of my present opportuni- 
ty, (being detached from the Military Academy,) to address myself to 
you ; although Cadets at this post are forbidden to have any communi- 
cation with your Department, on any occasion; yet be assured, Sir, 
that in so doing, I have not the slightest disposition to oppose legal au- 
thority. 42 
The following extract, commencing with an unimportant reference, 
contains the charge which 1 intend to disprove. 
EXTRACT. 
“ This occurrence appeared favorable to the views of certain Cadets, 
who were old offenders, having been the instigators of the disturbances 
which took place the last year; and they availed themselves of it to 
excite the passions of the more youthful and inconsiderate portion of 
their companions.” 
This report is dated, Military Academy, Nov. 30th, 1818, and signed 
by the Superintendaut of the Academy. Its transmission to the Judge 
Advocate of the Court Martial, which sat here the last mouth, has pre- 
sented me the opportunity of seeing behind that official curtain, where 
this man, (major Thayer,) under specious pretences for the public 
good, would basely stab the spotlessncss of private character. 
Extract from an order, dated U. S. Military Academy, 12th of Oc- 
tober 1817. “ Cadet Ragland, being relieved by lieut. Graham, will de- 
liver to him the books and papers of the office, and will retire to his 
duty in the Corps of Cadets, having performed that of Adjutant of the 
Post with honour to himself, and to the entire satisfaction of the Super- 
intendant. (Signed,) 
S. THAYER, 
Major Commanding 
My Adjutancy having commenced long before the disturbances of 
that year, (1817,) continued during the whole of the transactions in 
which captain Partridge was concerned, which the report alludes to; 
and, as my Cadetship was inseparably connected with my other duties, 
this order was issued on fresh impressions of my general and particu- 
lar conduct, and therefore, being entitled to the greater credibility of 
two contradictory representations, is ample vindication of my correct- 
ness, even though more positive and credible evidence is ever ready 
to be offered. 
As to the rest of the 11 certain Cadets” mentioned in the above scan- 
dalising report, the absence of Messrs. Loring and Yining from the 
Post, did effectually put it beyond their power to have instigated that 
conduct; and it can be shewn that it was only known to them after 
commission. Mr. Holmes, was not a member of the Military Acade- 
my, till maj. Thayer was confirmed in the disputed Superintendancy of 43 
the Institution. As to Mr. Fairfax, the acknowledgement of major 
Thayer in the report to your Department in November last, that “ his 
previous conduct has uniformly been very commendable,” relieveshim 
from the previous charge of old offences, contained in the same page. 
I would that my accuser could see the above statements; even he 
must acknowledge them to he facts. 
Sir, yours with respect, 
THOMAS RAGLAND. 
(U.) 
To Major Charles Gratiot, of the United States’ Engineers, 
and President of the Court of Enquiry. 
Charlestown, (Mass.) Dec. 20th, 1818. 
Sir, Having understood that a Court of Enquiry, of which you are 
President, will assemble at West Point, on the 21st instant, in confor- 
mity to an order from the Adjutant and Inspector General, bearing 
date the 9lh of December, 1818; and having observed, from a copy of 
the general order, the object of the Court is to enquire into the late 
transactions and disorders at the Military Academy, which caused the order 
of the Superintendant of November last, I conceive it necessary to state 
to the Court my views on a subject, which is so intimately connected 
with myself. The order of the Superintendant bearing date the 27th 
of November, 1818, and alluded to, in the general order, which I have 
quoted above, was predicated on the proceedings of a Committee of 
five Cadets, of which I had the honor of being one; if then these pro- 
ceedings alone caused that order of the Superintendant; and if the 
Court is ordered to enquire into the cause of that order alone, it is ob- 
vious that the Court is ordered to enquire into the conduct of that Com- 
mittee; from which I would infer, that my conduct is the subject of 
enquiry. 
Before a Court, constituted to enquire into my actions, I presume I 
have a right to appear; it is a right which every individual possesses, 
and I respectlully conceive, it should not he withhoiden from me. 
The order, which bears dale the 27th of November, and which is to 
he laid before the Court, (as will appear by the general order of the 
9lh of December,) contains charges against the Committee, to which 44 
the Committee do not assent. That order is virtually a charge against 
the Committee, in which I am a party concerned; and as evidence is 
to be adduced, (and it can be but by one party, if but one party is pre- 
sent,) I do hold it as my right to offer evidence in my defence. 
From these reasons, from the right which I have of defending my own 
conduct, I respectfully protest against any proceedings of the honorable 
Court against me, or my conduct, unless I am allowed a hearing. 
With high considerations of respect, 
I have the honour to be, sir, your very obedient servant, 
NATHANIEL H. LORING. 
(V.) 
West Point, N. Y. 
TO THE PRESIDENT OF THE UNITED STATES. 
We take the liberty of calling the attention of the President to cer- 
tain transactions, which appear to demand his interference, in order 
that justice be not sacrificed to power and interest. We deem it un- 
necessary to enlarge on the propriety of our present measure, as it is 
a mere appeal to the highest Executive Magistrate, for his attention 
to our rights, which have been lawlessly trodden upon, by the very in- 
dividuals, who were appointed our judges. We therefore state facts, 
without comment, and rely upon the integrity and justice of the Presi- 
dent, for protection from farther tyrannies. 
1st. We were selected from among one hundred and eighty nine Ca- 
dets, in November last, accused in a public order with mutiny, and se- 
duction of our fellow Cadets from their duty, arrested, and ordered to 
leave the Post of West Point, in six hours; a length of time insuffici- 
ent to procure either clothes or funds. 
The charges against us, contained in the order referred to, are no- 
toriously false. We would have proved them false, had we been allow- 
ed a hearing before the Court of Enquiry, which, in violation of law, 
passed a decision on us, in December last. 
2dly. We were ordered to proceed to our homes immediately, with- 
out even being allowed to remain at a public house, in the vicinity of 
the Point, until the regular steam boat passed; when it was well known, 
no other conveyance could be procured; an Adjutant being sent with 45 
an order for us to leave the vicinity in an hour’s time, under penalty 
of being punished for disobedience of orders. 
3dly. A Court of Enquiry, consisting of major Gratiot, a captain 
Babcock, and a lieutenant Webster, was convened at West Point, and 
contrary to the Rules and Articles of war, contrary to the written law 
of our country, contrary to the law of savages, and to all other laws, 
this Court tried, and condemned us, without our being summoned, or 
even allowed to appear before it, in person, or by attorney, for defence. 
4thly. We were, during the stay at our homes, continually request- 
ing a termination of our business, and an opportunity to establish our 
innocence; our expences were great; our situation was delicate and 
peculiar; our accuser aiming his shafts at our reputation, while we 
were denied aH opportunity of proving that he alone was culpable; 
alterations in letters, which were addressed to the Secretary of War, 
were requested by that officer, and peremptorily refused, because an 
acquiescence would have been tantamount to a desertion of those rights 
conserved to the meanest citizen in this country, by the laws. We were 
willing to sacifice private interest, for the public good; but we have 
been, and are determined, that no considerations shall induce us to 
abate one jot of right, in order that [the guilty be screened from 
popular detestation. 
Stilly. In March last, we were ordered to New-York for trial, where 
we were forced to remain nearly two months awaiting orders, at a 
great expence, and contrary to the spirit of those laws which make it 
necessary for the accused to he brought immediately to trial. 
6thly. When ordered to this Post, the Court, after considerable 
procrastination, convened, examined the evidence on Mr. Ragland’s 
case; permitted him to make a Defence, and then determined that 
Cadets are not amenable to Military Law. 
7th!y. It is now nearly three months since the decision was made 
by the Court, and no steps have been taken by the War Department. 
Stilly. During the time we have been at this Post, rooms in the ve- 
ry worst repair; situated in a nauseous and filthy spot, have been al- 
lotted us. We have not been allowed at any time to enter the Bar- 
racks of the Cadets. We have not been allowed to attend any studies, 
although the request was made to do so, and the situation of our rooms 
precludes almost the possibility of study. 46 
9thly. The Class to which four of us were attached, has been com- 
missioned. Our situations in the Class have been occupied by others. 
Those commissioned have been ordered to their respective duties; 
while we, although our actions were in unison with the body of Cadets, 
are kept here in arrest and suspense, under the frowns of the govern- 
ment, without there being the possibility of substantiating a single 
charge against us. 
lOlhly. Thus, Sir, nine months have elapsed while we are kept un- 
der arrest. We are at the period of life when time is invaluable. 
The procrastination of government is robbing us of that which can nev- 
er be repaid. Our reputation may suffer by this suspense; (for we 
have reputation as well as our betters,) and our friends and relations, 
nay, all men of honour and honesty, are anxious that we be exculpa- 
ted by a public order, or freely and publicly allowed to vindicate our 
character and conduct from the calumnies of our enemies. 
llthly. We do not ask, at this time, for justice on our persecutor ; 
Thai, we are in hopes, can be obtained hereafter by a regular appeal 
to the laws. But we refer to the President of the United States for justice 
on ourselves. We wish to know whether the unheard of arrest, in 
which we have continued nine months, has not had sufficient duration, 
whether we alone <flf all the people of this land are to suffer; and suf- 
fer too without a chance of protection. 
Which is respectfully submitted, with the highest consideration. 
Signed, 
N. H. LORING, 
THOS. RAGLAND, 
W. M. C. FAIRFAX, 
C. VINING, 
CIIAS. R. HOLMES. Cadets. 
(W) 
Charlestown, (Mass.) Sept. 14tli, 1810. 
TO THE PRESIDENT OF THE UNITED STATES. 
Sire, With emotions not easily to be described, I, with due defer- 
ence, address the Chief Magistrate of this nation. Nothing could in- 
duce me at this moment to trespass on his valuable time, but the feel- 47 
mgs of a Father, whose happiness has been in the reflection that his 
children have invariably acted, to the satisfaction of those, who have 
been associated and connected with them. But to his extreme regret, 
his son Nathaniel Hall Loring, has been very unpleasantly situated, by 
being under arrest, nine months, occasioned by some unhappy collisions 
at West-Point. 
It appears that in the month of November, 1818, and before that pe- 
riod, captain Bliss stationed at West-Point, was extremely severe with 
the Cadets, so much so, that it created a dissatisfaction among them, 
to such a degree, that they were determined to represent their griev- 
ances to major Thayer, the superintendant of the Academy; for 
which purpose they selected five Cadets, of whom my son was one, to 
draw up a statement of facts, and present them to major Thayer, which 
they did. But he declared he would not receive them in his official ca- 
pacity; of course w ould not act on their complaints. They then ten- 
dered to him their resignations, in hopes of being discharged; which 
had been usual to grant at West-Point; he saw fit not to accede there- 
to. They then made a formal complaint against captain Bliss; in 
hopes that they would have justice done them : this was done, because 
they were not permitted to address any one, or make complaint, ex- 
cept through major Thayer, agreeable to a standing order at the Point; 
but to their surprize on public parade the next day, they were arrested 
and oidered from the Point, and to repair to their homes; which order 
they, as far as practicable, obeyed, and only waited for the Sleam- 
Boat to execute the remainder. But as though they were the most 
abandoned on earth, they were not permitted to remain out of the lim- 
its of the Point, but were ordered from the vicinity, without the least at- 
tention to their convenience or health. 
Cadets Ragland and Fairfax on their arrival at Washington, were 
permitted to state their case, and a Court of Enquiry was ordered to 
sit at the Point; but none of the Cadets charged were permitted to 
appear before that Court; or were they notified of there being one in- 
stituted, except by report; although my son (as well as myself,) addres- 
sed a line, per mail, to major Gratiot, the President, informing him ot 
this fact, and requesting a hearing; but still there was no attention 
paid to this legal request. After the sitting and reporting of this Court, 
captain Bliss was removed, and captain Bell of the Light Artillery was 
ordered to take his station. 
Orders were then issued from the Adjutant and Inspector GeneraFs 48 
office, appointing and ordering a General Court Martial to sit at West- 
Point, to try Cadets Ragland, Fairfax, Holmes, Vining, and Coring. 
Agreeably to this order, the Court convened. Charges were made 
against them, and the Court put Cadet Ragland to his trial; he was 
regularly tried, and made his defence. After which, as it is generally 
understood, they determined, that the Cadets were not amenable to the 
Rules and Articles of War. 
Thus, honoured Sire, are the facts, which have come to my know- 
ledge respecting this unhappy affair. I have been further informed, 
that charges have been reported against my son, which are most cer- 
tainly false, and those that reported them, must have known them to 
be so, at the time reported. 
It is said that my son was concerned in 'lie difficulty with captain 
Partridge; the true fact was, that he was on furlough to my family, and 
at that time he was on his return to West-Point; and when capt. Par- 
tridge arrived at the Point, he was not there. 
It is said, that he was reported an old offender ; how this can be sup- 
ported, in any degree, I am at loss; when he has been acting in every 
honorary capacity, ever since he has been at West-Point. And in 
the summer of 1818, (a few months before the difficulty happened,) he 
was not permitted a furlough, but was retained at the Point to drill the 
second company, and teach them Tactics, which company he then 
commanded, and did continue to command, until he was put under 
arrest. These appointments were all made by the approbation of ma- 
jor Thayer. 
I should not, Sire, have so feelingly represented his treatment, had 
lie not been deprived of his studies, and because when I consented to 
bis acceptance of the appointment of Cadet; I exerted myself to ex- 
plain to him, his duty to his government; and I had the heart felt sat- 
isfaction to find his sole aim was the support of the Academy at West- 
Point ; a firm friend to its honour and dignity, and his whole pride ap- 
peared to be, in his being enrolled a member of the Institution. 
But, Sire, his feelings as a Cadet and Soldier, have been most violent- 
ly trampled upon ; he has seen his brother Cadets, in whose defence, he 
was then suffering, receive before his eyes, the examination and hon- 
ours of the Academy; and also his class mates appointed to commis- 
sions in our army, by orders issued from the Adjutant and Inspector 49 
General’s office, when he was not permitted to study for the good of 
himself and friends; nor even allowed atrial, whereby he could estab- 
lish his innocence; although a Court was ordered for that purpose by 
the highest authority of the nation. 
In thiscountry, I presume to hope, Sire, every citizen is, or ought to 
be, governed by the laws; and if a Father or Guardian of a Minor, con 
sents to his entering on any situation, under the government, most un- 
doubtedly he expects thatjustice will be done him, conformably to the 
legal Rules and Regulations, by which it is governed; and not by the 
capi ice of any subordinate officer. 
This is the moment, honoured Sire, when my son needs every op- 
portunity to prepare himself to begin the career of life, on which de- 
pends all his future happiness; but to be held in arrest, and deprived 
of liberty, without the least semblance of a crime, is too much fora 
Father to reflect upon. 
Your Philanthropy and watchfulness in protecting the rights and lib- 
erties of every citizen under the governmont of these United States, 
over which you now preside, is a satisfactory consolation to a Father, 
that these transactions will be properly investigated, and that my son, 
as well as his associates (now in arrest at West-Point,) will onee more 
be at and receive that justice from their country, which the 
government thereof have professed to do to the most obscure citizen. 
With high consideration and respect, 
I am your most obedient, 
JOSEPH LORING, late Colonel, 
40th Regt. United States’ Infantry 
tX.) 
Preferred against Thomas Ragland, Cadet in the service of the United 
States. 
CHARGE FIRST. Mutinous Conduct. 
Specification First. 
In this, that he the said Thomas Ragland, Cadet in the service 
of the United States, and acting Assistant Professor of Mathematics in 
CHARGES 50 
the United States’ Military Academy; did on or about the 23d of No- 
vember 1818, at West-Point, (Nevv-York,) excite disaffection in a large 
portion of the Cadets of the United States’ Military Academy at West- 
Poir t, (New-York,) and did advise them into a system of measures, 
the object of which was to dictate a course of conduct to their com- 
manding officer. (Brevet major S. Thayer of the United States’ Corps 
of Engineers, and by the appearance of a co-operation of so general 
a combination of the Cadets as he had affected to over-awe him, (Bre- 
vet major S. Thayer of the United States’ Corps of Engineers,) into 
a discharge of the measures dictated. 
Specification Second. 
In this, that he the said Thomas Ragland, Cadet in the ser- 
vice of the United States, and acting in the capacity of Assistant 
Professor of Mathematics in the United States’ Military Academy, 
whereby it became his duty, as far as his power extended, to sup- 
press deliberative assemblies of the Cadets, or combinations of the Ca- 
dets of the nature aforesaid, on or about the time aforesaid, and at 
the place aforesaid, did suffer himself to be appointed a member of a 
Committee, organized by the disaffected Cadets, and did himself, or 
conjointly with the members of said Committe, draw up and present to 
his commanding officer, (Brevet major S. Thayer of the United States’ 
Corps of Engineers,) a communication of the tenor and nature 
following, viz: dictating to his commanding officer, (Brevet majorS. 
Thayer of the United States’ Corps of Engineers,) the line of conduct 
he was to pursue ; enlarging on the number of Cadets who had combi- 
ned and directed the proceedings of the Committee ; stating the op- 
pressive conduct of the officer complained of must be avoided ; and 
expressive of his determination, conjointly with the other members of 
the Committee aforesaid, to have the objects represented, carried into 
effect, even if his individual interest became a sacrifice in the cause he 
had undertaken. 
In the capacity of an accessory, joining in a combination against his com- 
manding officer, the tendency of which was mutinous and subversive of 
subordination. 
Specification First. 
In this, that he the said Thomas Ragland, Cadet in the service 
of the United States, and acting Assistant Professor of Mathematics in 
CHARGE SECOND. 51 
the United States' Military Academy, did on or about the 23d of No 
vember 1818 at West-Point, (New-York,) combine with a large portion 
of the Cadets of the United States’ Military Academy, at West-Point, 
(New-York,) and join with them in a system of measures, the object 
of which was to dictate a course of conduct to their commanding offi- 
cer, (Brevet mnjor S. Thayer of the United States’ Corps of Engi- 
neers,) and by the appearance of so general a combination to over awe 
him into a compliance with the measures dictated. 
Specification Second. 
In this, that he the said Thomas Ragland, Cadet in the service 
of the United States, and acting in the capacity of Assistant Professor 
of Mathematics in the United States’ Military Academy, whereby it 
became his duty, as far as his power extended, to suppress deliberative 
assemblies of the Cadets, or combinations of the Cadets of the nature 
aforesaid, did on or about the time aforesaid, and at the place afore- 
said suffer himself to be appointed a member of a Committee, or gani- 
zed by the disaffected Cadets, and did himself, or conjointly with oth- 
er members of the said Committee, draw up and present to his com- 
manding officer, (Brevet major S. Thayer of the United States’ Corps 
of Engineers,) a communication of the tenor and nature following, 
viz: dictating to his commanding officer, (Brevet major S. Thayer of 
the United States’ Corps of the line of conduct he was to 
pursue; enlarging on the number of the Cadets who had combined 
and directed the proceeding of the Committee, stating that the oppres- 
sive conduct of the officer complained of must be avoided ; and expres- 
sive of his determination, conjointly with the other members of the 
Committee aforesaid, to have the object represented carried into effect 
even if his individual interest became a sacrifice to the cause he had un- 
dertaken. 
SPECIFCATION ThiUD. 
Ill this, that he the said Thomas Ragland Cadet in the service of 
the United States, and acting in the capacity of Assistant Professor of 
Mathematics in the United States’ Military Academy, on or about the 
24th of November 1818, at West-Point, (New-York,) and within a short 
period after his commanding officer, (Brevet major S. Thayer of the 
United States’ Corps of Engineers,) had refused to see him as a mem- 
ber of the Committee of the disaffected Cadets, as also to receive the 
itfjpihuuication presented in that capacity did appear before his com- 
manding officer, (Brevet major S. Thayer of the United States’ Corps 52 
of Engineers,) in a body with the other members of the Committee 
aforesaid, who assembled for the same purpose, to tender his resigna- 
tion of the appointment of Cadet he held in the service of the United 
States. 
CHARGE THIRD. Disobedience of Orders. 
Specifcation. 
In this, that he the said Thomas Ragland, Cadet in the service 
of the United States, and acting in the capacity of Assistant Professor 
of Mathematics in the United States’ Military Academy, did on or 
about the twenty-fifth of November 1818, at West-Point, (New-York,) 
a second time present to his commanding officer, (Brevet major S. 
Thayer of the United States’ Corps of Engineers,) a communication 
from the Committee, organized by the disaffected Cadets, notwithstan- 
ding he the said Thomas Ragland, Cadet in the service of the United 
States, had been informed by bis commanding officer, (Brevet major 
S. Thayer of the United States’ Corps of Engineers) in the first in- 
stance of the impropriety of his conduct, and positively ordered by 
him not to present a second communication another time. 
CHARGE FOURTH. Unoentlemanlike Conduct. 
Specification. 
In this, that he the said Thomas Ragland, Cadet in the service 
of the United States, and acting in the capacity of Assistant Professor of 
Mathematics in theU. S. Military Academy, to deceive his commanding 
officer, (Brevet major S. Thayer of the United States’ Corps of Engi- 
neers,) and for the purpose of conveying into his hands a communica- 
tion from the Committee organized by the disaffected Cadets, did on 
or about the 23th of November 1818, at West-Point, (New-York,) tell 
to his commanding officer (Brevet major S. Thayer of the United 
States’Corps of Engineers,) a deliberate falsehood, saying in the words 
to the effect following, to wit: that the communication he presented 
was not from the Committee aforesaid, but simply an exposition of 
some facts, coming from himself, conjointly with Cadet Wilson M. C. 
Fairfax, as individuals, and without any relation whatever to his 
acter as one of the representatives of the Cadets. 
By order of S. THAYER, CreveCMajor of the. 
Corps of Engineers, and Super ini 
** of ike. U. S. Military 
C. W. GarbijIerj find, of 
Ii and Post Adjutant. A 53 
REMARKS. 
Saving the Specification of the third Charge, all the Charges and the 
Specifications under those Charges, which were alledged against Mr. 
Ragland, were preferred against Mr. Fairfax.* In the Specification un- 
der the third Charge, laid against Mr. Fairfax, he is accused of dis- 
obeying the order which Mr. Ragland, under the same charge, is said 
to have disobeyed; but this order is there stated to have been commu- 
nicated to him through Mr. Ragland. The Charges and the Specifi- 
cations under them, which were preferred against Messrs. Loring,t Vi- 
ning, and Holmes, were identical with those against Mr. Fairfax, omit- 
ting the fourth charge, and its specification. 
Many references, in this pamphlet, have been made to the trial of 
Mr. Ragland. The Committee of Cadets did intend to have published 
that trial, with these papers; hut this gentleman has not been granted 
a copy, although it has been repeatedly asked for by him, in the 
most respectful manner, and according to the form prescribed by law. 
The evidence taken on the trial nearly alike affects the whole Commit- 
tee, from the very nature and similarity of the allegations against them. 
They (the Committee) had fondly rested their hopes of vindicating their 
conduct to their friends, by presenting to them copies of the official do- 
cuments of the general Court Martial, before which Mr. Ragland was 
arraigned. Such a vindication would, they are firmly persuaded, have 
been full and satisfactory. But in addition to all their other persecu- 
tions, they are deprived of the privilege of doing this ; of a right 
guaranteed by law, and grounded on every principle of justice. Un- 
der these circumstances, it is difficult to believe, that the President of 
* Cadets Ragland and Fairfax were appointed acting Assistant Professors, under 
the following order. 
(Extract.) Engineer Department, 7 
4 Washington, loth April, 1818. 
MILITARY ACADEMY ORDERS. 
The Superintendant of the Military Academy is authorised 
to detail not exceeding four Cadets, to discharge the duties of acting 
Assistant Professors of Mathematics; each Cadet, so detailed, will re- 
ceive ten dollars per month as a compensation for the extra duty. The 
appointment will be considered an honorable distinction, 
(Signed,,) J. G. SWIFT, Brig. General, and 
Chief Engineer. 
“paJet Coring was, at the time of his arrest, captain of the second company of 
Corps*3 °* Cat*et?' appointed to this situation from that of Adjutant ot the 54 
the United Slates, or the Secretary of IVar, have had a proper under- 
standing of their case. It is to be hoped, that men so universally es- 
teemed, and so highly entrusted, as they are, have more correct prin- 
ciples, and a more enlarged*Ynagnariimity, than to impose, or suffer to 
be imposed, such injuries as the Committee of Cadets, have received 
from the Executive government, except from an erroneous view of 
their proceedings. 
The Committee have sought nothing but their rights ; they have been 
faithful to their duty; and were they properly heard, “ they should doubt 
the being of a Providence, if they doubted of success.” 
( Y. ) 
Onfice op the Attorney General, 
United States, August 21st, 1819. 
Sir, I have examined, with careful attention, the question you have 
submitted to me, as to the subjection of the Cadets at West Point, to 
the Rules and Articles of War, and to trial by Courts Martial; and 
now proceed to give you the result of that examination. 
It is proper to observe, in the threshold of this enquiry, that the ge- 
nius of our Constitution and laws favors the trial by jury. Before the 
Revolution, we had learned from Great Britain, to consider that form 
of trial as the great Palladium of our most sacred rights; and on the 
adoption of the Constitution, the privilege was deemed sufficiently im- 
portant, to be secured to the people, by positive and repeated provi- 
sions in that Instrument. Thus by the 2d section of the 3rd article of 
the Constitution, it is provided, that “the trial of all crimes, except in 
cases of impeachment, shall be by jury,” &c. and by the oth amend- 
ment to that Instrument, it is further provided, that “no person shall 
be held to answer for a capital, or otherwise infamous crime, unless on a 
presentment, or indictment of a grand jury, except in cases arising in 
the naval or land forces, or in the militia, when in actual service, in time 
of war, or public danger, &c. nor be deprived of life, liberty, or proper- 
ty, without due process of law,” &c. The 7th amendment, looking to 
questions of property, even of trivial value, provides that “in suits at 
Common Law, where the value in controversy shall exceed twenty dol- 
lars, the right of trial by jury shall be preserved,” &c. So that Con- 
gress has not power to pass a law, which shall deprive a person, accu- 55 
sed of a criminal, or otherwise infamous offence, of his right of trial by 
jury, except in cases arising in the land or naval forces, or in the mili- 
tia, when in actual service, or in time of war, or public danger. 
Even in relation to the land and naval forces, (including the militia 
when in actual service,) Congress have never considered the mere act 
of stamping on those bodies a military character, by ordering them 
to be raised, organized, anJ called into service, as being sufficient, of 
itself, to subject them to trial by Courts Martial, under the Rules and 
Articles of War; because this would he to abrogate a high constitutional 
privilege, by implication. In every instance, therefore, in which Con- 
gress have impressed a military character on any body of men, whom 
they intended to divest of the right of a trial by jury, besides the impress- 
ment of that military character, they have uniformly, and expressly de- 
clared, that they should be subject to the Rules and Articles of War. 
With a view to test the accuracy of this position, I have collated all 
the laws on the subject, to which I beg leave to refer you. 
See the Resolve of the old Continental Congress, of the 12th of April, 
1785, 1st volume of the laws of the United States, page 6G9, in a note. 
That of the same body, 3rd of October, 1787, pages G6S, 669, and 670, 
concerning the military establishment; also the Act of the 29th of Sep- 
tember, 1789, referring to the last mentioned Resolve, 2d volume of 
the laws of the United States, page 74, section 4. The Act of the 3Q(th 
of April, 1790, for regulating the military establishment of the United 
States, section 13, 2d volume, page 102. The Act of the 3rd of March, 
1791, for raising and adding another regiment, &c. section 10th, idem, 
page 234. The Act of the 5lh of March, 1792, for making further and 
more effectual provision for the protection of the frontiers, section 11, 
idem, pages 257, 258. The Act of the 9th of May, 1794, providing for 
raising and organizing a corps of Artillerists and Engineers, section 4, 
idem, page 404. The Act of the 3rd of March, 1795, for continuing 
and regulating the military establishment of the United States, &c. sec- 
tion 14, idem, pages 490, 491. The Act of the 30th of May, 1796, to 
ascertain and fix the military establishment of the United Sisit-'i, ecc- 
tion 20, idem, page 559, The Act of the 27th of April, . '98, to pro- 
vide an additional regiment of Artillery arid Engineers, iection 2, 3rd 
volume, page 43. The Act of the 28th of May, 1798, authorizing the 
President to raise a provisional army, section 2, idem, page 59. The 
Act of the lGth of July, 1798, to augment the army of the United States*, 
section 8, idem, page 108. The Act of the 2d of March, 1T99, giving 56 
eventual authority to the President to augment the army, section 3, 
idem, page 261. The Act of the 16th of March, 1802, fixing the mili- 
tary peace establishment of the United States, idem, page 453. The 
Act of the 28th of February, 1803, in addition to the Act last quoted, 
section 3, idem, page 531. The Act of the 2d of April, 1808, to raise, 
for a limited time, an additional military force, section 5, volume 4, 
page 163. The Act of the 8lh of January, 1812, authorizing the Pre- 
sident to raise certain companies of Rangers, for the protection of the 
frontier, section 4, idem, page 366. The Act of the 11th of January, 
1812, to raise an additional military force, section 10, idem, page 367. 
The Act of the 8th of April, 1812, in addition to the Act to raise an 
additional military force, section 2, idem, page 404. The Act of the 
16th of May, 1812, making further provision for the army of the Uni- 
ted States, section 2, idem, page 433. The Act of the 29th of January, 
1813, in addition to the Act entitled an Act to raise an additional mili- 
tary force, section, 6, idem, page 492. The Act of the 5th of July, 1813, 
to amend the Act in addition, &c. section 2, idem, page 541. The 
Act of the 28th of January, 1814, to cause certain Regiments to be en- 
listed for five years, section 2, idem, page 644. The Act of the 10th of 
February, 1814, to raise three Regiments of Riflemen, section 4, idem, 
page 645. The Act of the 27th of January, 1815, to authorize the Pre- 
sident to accept the services of state troops, and of volunteers, section 
1 & 4, idem, page 778. The Act of the 3rd of March, 1815, to fix the 
military peace establishment of the United States, section 7, idem, page 
825. The Act of the 24th of April, 1816, for organizing the General 
Staff, and making further provision for the army, section 6. Session 
Acts of 1815, 1816, pages 71, 72. 
On turning to these laws, it is remarkable, that in every instance, in 
which troops have been raised, or their number has been augmented by 
any accession, however trivial, or in which their number has been re- 
duced to a peace establishment, or in which a new and distinct desti- 
nation has been given to any portion of them, Congress has cautiously in- 
troduced a provision, that they shall be subject to the Rules and Arti- 
cles of War; and what is still more remarkable is, that even after the 
general Act\of 1800 had passed, declaring the Rules and Articles of 
War, and containing the permanent provision, that the armies of the 
United States should be subject to these Rules and Articles, Congress, 
not content to leave after-raised troops to the operation of that general 
provision, have, in every instance, repeated their subjection to military 57 
law. A course of legislation, so long continued, and so uniform, marks 
the sacred respect, in which Congress have ever regarded the right of 
trial by jury, and will justify us, in assuming it, as their sense, that this 
right is never to be taken away by implication; never by the mere 
impressment of a military character on a body; never without a positive 
provision to that effect. 
In relation to the Cadets at West Point, then, in order to prove their 
subjection to the Rules and Articles of War, and trials by Courts Mar- 
tial, it is not enough to shew, that Congress has stamped on them a 
military character; for if we respect the opinion uniformly expressed 
by the practice of Congress, it must, also, be shewn to have been ex- 
pressly provided, that those Cadets shall be subject to the Rules and 
Articles of War. 
With these principles in view, I shall proceed to examine all the' 
laws which bear on the question submitted, expressing my opinion on 
the legal construction, and operation of each law, as it occurs. 
The nucleus of the military Institution at West Point was a corps of 
Engineers, raised under the Act of Congress of the 16th of March, 
1802. Laws of the United States, volume 3rd, pages 456, 457, sections 
26, 27, 28. 
In order to apprehend more distinctly the intention of Congress in 
relation to this corps, it may not be amiss to examine the previous 
laws relative to the trcops of this description, and to compare them 
with the two laws bearing directly on the question. Neither of the two 
Resolves of the old Congress, nor the Acts of 1789, 1790, before stated, 
say anything of Engineers. The fiist time they are mentioned in our 
laws is the Act of the 9th of May, 1794, volume 2, page 403, entitled 
“An Act providing for raising and organizing a corps of Artillerists and 
Engineers,” by which, seven hundred and sixty four non-commissioned 
officers and privates, &c. were directed to be engaged for three years, 
by voluntary enlistment, and incorporated with the previous corps of 
Artillery, then in the service of the United States, the joint body being 
thereafter to be denominated The Corps of Artillerists and Engineers ; 
the entire number, exclusive of commissioned officers, being nine hun- 
dred and ninety two. By the third section of this law, the whole body 
was organized into four battalions, each battalion consisting of four 58 
companies, and to each company were attached (among others) tun> 
Cadets, with the pay, clothing, and rations of sergeants. The 5th sec- 
tion made it the duty of the Secretary of War to provide, at the pub- 
lic expence, under the direction of the President, the necessary books, 
instruments, and apparatus, for the use of the Corps. The sixth sec- 
tion authorized the President to cause such proportion of the said 
Corps, as he should deem consistent with the public service, to serve in 
the field, on the frontiers, or in the fortifications on the sea coast. The 
fourth section expressly provided, that the whole body should be govern- 
ed by the Rules and Articles of War, which have been, or may by law, 
be established. 
Hence there is nothing in the character of the service, or the circum- 
stance of their being Cadets, nor in that of their being furnished with 
the necessary books, instruments, and apparatus for study, which, at 
that time, was deemed sufficient to exempt Cadets, among the rest, 
from the operation of the Rules and Articles of War. The Act of the 
3rd of March, 1795, continues this incorporation and organization of the 
Corps of Artillerists and Engineers, and in the 14th section repeats 
their subjection to the Rules and Articles of War. The Act of the 
30th of May, 1796, makes no change in the situation of the corps of 
Artillerists and Engineers. The Act of the 27th of April, 1798, “ to 
provide an additional Regiment of Artillerists and Engineers,” directs 
that three battalions, of four companies each, be raised for this purpose, 
by enlistment for five years, unless sooner discharged, attaches two cadets 
to each company, directs the Secretary of War to furnish all necessary 
books, instruments, and apparatus, and in like manner subjects the 
whole corps to the Rules and Articles of War. The Act of the 16lh of 
July, 1798, to augment the army of the United States, and for other pur- 
poses, after authorizing the raising and organization of twelve addition- 
al Regiipents of Infantry, and six troops of light Dragoons, proceeds, in 
the 7th section, to authorize the President to appoint any number, not 
exceeding four teachers of the arts and sciences, necessary for the in- 
struction of the Artillerists and Engineers, at the monthly pay of fifty 
dollars, and two rations per day. The 8th section subjects the officers, 
non-commissioned officers and privates raised by virtue of this Act, to the 
Rules and Articles of War; but does not embrace, in that provision, 
the teachers appointed by the President, unless they come under the 
denomination of officers, non-commissioned officers, musicians, or privates, 
which I do not think was intended ; because the previous sections ®f the 
law sufficiently indicate who were meant by those terms. 59 
Next in order comes the Act of the 16th of March, 1802, by which 
the establishment at West Point was created. As this Act bears direct- 
ly on the subject of enquiry, it will be necessary to give it a more mi- 
nute attention. It is entitled11 An Act fixing the military peace establish- 
ment of the United Slates,” and the first section declares, ” that after the 
first day of June next following the date of the Act, the military peace 
establishment of the United States, shall be composed of one Regiment 
of Artillerists, and two Regiments of Infantry, with such officers, mili- 
tary Agents and Engineers, as are herein after mentioned.” "he sec- 
ond section is employed in organizing the Regiment of Artillerists', (not 
of the ArtiUerists and Engineers.) and the Regiments of Infantry; all 
the succeeding sections are confined, exclusively to those Regiments of 
Artillery and Infantry, (with the appendages of Paymasters, and mili- 
tary Agents, and their assistants, and of Surgeons, with their mates,) 
till we come down to section 9lh, by which the President is required to 
cause to be arranged, the officers, non-commissioned officers, musici- 
ans and privates, of the several corps of troops, now in the service of 
the United States, in such manner, as to form and complete, out of the 
same, the corps aforesaid, (that is to sav, the corps composed of the 
Regiment of Artillery, and two Regiments of Infantry,) and the next 
section, the 10th, provides, that the officers, non-commissioned officers 
musicians and privates, of the said corps, shall be governed by the 
Rules and Articles of War. This section, therefore, does not embrace 
the Engineers, of whom as yet nothing had been said. The sections suc- 
ceeding the 10th are wholly employed, as the preceding ones had been, 
in regulations confined to the Regiments of Artillery and Infantry, till 
we come down to section 26th, when for the first time the subject of the 
Engineers is taken up. That section authorizes and empowers the 
President, when he shall deem it expedient, to organize and establish a 
corps of Engineers, to consist of one Engineer, with the pay, rank, and 
emoluments of a major; two assistant Engineers, with the rank, pay, 
and emoluments of captains; two other assistant Engineers, with the 
pay, rank, aud emoluments of first lieutenants; two other assistant 
Engineers, with the pay, rank, and emoluments of second lieutenants, 
and ten Cadets, with the pay of sixteen dollars per month, and two ra- 
tions per day; with the power to make promotions, so as not to exceed 
one colonel, one lieutenant colonel, two majors, four captains, four first 
lieutenants, and four second lieutenants, and so as that the corps shall, 
at no time, exceed twenty officers and cadets. The 2Tth section pro- 
vides, that the said Corps, (composed solely of officers and cadets,) when 60 
so organized, shall be stationed at West Point, in the state of New York, 
and constitute a Military Academy, and that the Engineers, assistant En* 
gineers, and Cadets of the said corps, shall be subject, at all times, to do 
duty, in such places, and on such service, as the President of the United 
States shall direct. The 28th section assigns the Superintendance of 
the Academy to the principal Engineer; and authorizes the Secretary 
of War, under such regulations as the President should direct, to pro- 
cure the necessary books, &c. for the use of the Institution. The 29th 
section is a repealing one, and here the law stops. There is no provi- 
sion that this corps shall be subject to the Rules and Articles of War, 
It is here worthy of observation, that this is the first time that a sepa- 
rate Corps of Engineers had been raised by our laws; that there is no 
other instance in the annals of Congress, in which a new description 
of troops has been authorized, without an express provision, that they 
shall be subject to the Rules and Articles of War; that in this very 
law, there is, in the preceding part of it, such a provision, in relation to 
the Artillerists and Infantry ; which gives this omission, in regard to the 
Engineers, ten fold significance; and that although a military charac- 
ter has been impressed on their corps, as well by their name, as their 
being fixed as a part of the peace establishment, yet that character is, 
(comparatively speaking,) rather of an equivocal cast, whereas in ev- 
ery other case, when the most distinct and unequivocal military cha- 
racter has been impressed on a new raised corps, the provision, which 
is wanting here, has nevertheless been added. It seems to me very 
difficult to conceive, why in this identical law, it was thought necessary, 
that the provision should have been so expressly introduced as to the 
Regiment of Artillery and Infantry, (which were most clearly of an 
unequivocal military character,) and yet that it should have been so 
palpably omitted in relation to the Engineers, a new corps, who were 
constituted an Academy, and liable to military duty, only when called 
on by the President, unless Congress intended the exemption with re- 
gard to the latter corps. But whether they did in fact intend it or not, 
a review of all the analogous laws, which they have passed, the com- 
ponent parts of this very law, and the principle, that the trial byjury 
is not to be ousted by implication, do, in my opinion, justify the con- 
clusion, that so far as the question rests on the Act of the 16th of March 
1802, the members of this Military Academy, were not subject to the 
Rules and Articles of War. 61 
Next in Order follows the Act of the 25th of February, 1803, in ad; 
ditiou to the preceding Act, in the 3rd volume of the Laws of the Uni- 
ted States, page 530. The 1st section of this Act contains merely a 
provision, in relation to the Regiment of Artillerists. The 2d section 
authorizes the President to appoint one Teacher of the French lan- 
guage, and one Teacher of drawing, to be attached to the corps of En- 
g:;ieers, whose compensation shall not exceed the pay and emoluments 
of a captain in the line of the army. The 3rd section provides, that 
♦he commanding officer of the corps of Engineers be authorized to en- 
list, for not less than three years, one artificer and eighteen men, to aid 
in making practical experiments, and for other purposes; to receive 
the same pay, rations, and clothing, as are allowed to the artificers and 
privates in the army of the United States, and the same bounty, when 
enlisted for five years, and to he subject to the Rules and Articles of War. 
Who are to he so subject? Most clearly those who are the exclusive 
objects of the rest of the provisions in the section, to wit, the artificers 
and eighteen men. If it should he asked, what reason there can be, 
why these men should be more subject to the Rules and Articles of 
War, than the Engineers and Cadets, who had before constituted the 
corps ? it would be sufficient to answer, that Congress have so provided; 
but it seems to me, that if it were necessary to assign a further reason, 
one might be found, without difficulty, on the different footing, in other 
respects, in which the two parts of this corps stand: For it isobserva- 
ble, that the Act of the 16th of March, 1802, does not require the En- 
gineers and Cadets, to be enlisted at all, much less to be enlisted for a 
particular time. The language of this section is, that the President may, 
when he shall deem it expedient, organize and establish a corps of Engi- 
neers; not from the army, then on hand; for if it had been so intended, 
it would have been so expressed, as it was in the 9th section, of the Re- 
giments of Artillerists and Infantry; but there is a further reason, why 
it could not have been intended to be drawn from the army then on hand; 
for by the 9th section of the law, all the officers and privates of that 
army, who were not taken into the Regiments of Artillerists and Infan- 
try, were directed to be discharged, on the 18th of April, 1802, whereas 
the corps of Engineers were to be organized and established, whenever 
thereafter the President should deem it expedient. Were they to be 
drawn from the Regiments of Artillerists and Infantry, authorized by 
the previous sections of the Acts of 1802 ? It is not so said, and the 
inference is excluded by the precision, in point of number, and the 
compact and separate form, into which those Regiments had been pre- 
viously organized. I understand the 26th section, then, as authorizing 62 
the President to organize and establish this corps, by a new and origi- 
nal contract with the members who were to compose it. They were 
not then to be enlisted, but engaged for the price stipulated by law; it 
is not said for what length of time they were to he engaged, nor is it 
even said, that they were to be commissioned; they were rather an an- 
omalous species of body, to be called into being whenever the President 
should deem it expedient, and to be formed into a School; an Acadei -y 
for military instruction; whereas the artificers and eighteen men, here 
authorized are enlisted for three years, and put, in all respects, an a 
footing with the artificers and privates of the army. Why is the pro- 
vision of subjection to the Rules and Articles of War, expressly made as 
to those men, and again omitted as to the Engineers and Cadets, as well 
as the teachers of French and drawing, here authorized, unless the 
omission was intended? Would it not be a most arbitrary construction 
to impute to Congress the intention to subject the original corps of Engi- 
neers, and the masters now' added, to military law, when on two occa- 
sions, most obviously inviting them to the expression of that intention, 
if it existed, they should, nevertheless, decline that expression, and 
leave it to be gathered by inference, an inference too unwarranted by 
the whole course, in analogous cases ? I cannot think that such an in- 
terpretation of the law would be sound; and therefore, as yet, I see 
nothing that subjects the Engineers, Cadets, and Teachers, at West 
Point, to the Rules and Articles of War. Before I leave this part of the 
subject, I will observe, that if I am wrong in supposing that the original 
corps of Engineers, at West Point* was not to be drawn, either from 
the existing army, or from the Regiments of Artillery and Infantry, 
which were thereafter to constitute the peace establishment of the Uni- 
ted States; and if, on the contrary, they were (according to colonel 
Hindman’s suggestion) to he drawn “from the ditferent arms of the ar- 
my,” (composing the peace establishment, I suppose he meant,) it would 
not yet follow, that because while belonging to the Artillery and Infan- 
try, they were subject to the Rules and Articles of War, they would* 
therefore, be subject, in their new character of Engineers; on the contra- 
ry, every inference would still follow from the very palpable omission of 
Congress so to subject them ; and not to multiply instances of the man- 
ner in which Congress have legislated, in parallel cases, I will call 
your attention to one only; it is that which you will find in chapter 532, 
volume 4th, of the laws of the United States, page 541. This Act pro- 
viding for the destination of a part of the troops authorized to be raised, 
by a previous law, (and by this previous law expressly subjected to 
martial law,) because it so far changes that destination from the genc- 63 
ral purposes of war, as to limit it to the defence of the sea board, ex- 
pressly repeats their subjection to the Rules and Articles of War, lest 
from the mere change of distinction, they should be considered as being 
absolved from the liability to those Rules and Articles under the ori- 
ginal law. 
We come, now, to the Act of the 10th of April, lS'tG, “for establish- 
ing Rules and Articles for the government of the armies of the United 
States.” The 96th article of these Rules and Articles is in these words, 
“All officers, conductors, gunners, matrosses, drivers, or other persons 
whatever, receiving pay, or hire, in the service of the artillery, or corps 
of Engineers, of the United States, shall be governed by the aforesaid 
Rules and Articles, and shall be subject to be tried by Courts Martial, 
in like manner with the soldiers and oflicersof the other troops in the ser- 
vice of the United States.” At the passage of this law, there was no corps 
of Engineers, except that at West Point, they must, therefore, have been 
intended ; and this is rendered more clear by the consideration, that the 
article, in the old rules and articles, from which this is copied, lias not 
the words “or corps of Engineers.” See 181, Gray. Appendix, page 
155, section 1G, article 1. These words, therefore, being in the year 
1806, for the first time interpolated by Congress, and thdre being no 
body to fit the description, except the corps of Engineers at West Point, 
I do not see how the conclusion can be fairly avoided, that it was in- 
tended to apply to them; they were a corps of Engineers; they receiv- 
ed the pay of the United States; they were in the service of the Uni- 
ted States, as much as any other troops on the peace establishment, 
and therefore, that corps, and all other persons in its service, now became 
subject to Martial Law; not only the Engineers, Cadets, Artificers, and 
eigiiteen privates, who constituted the corps, but the Masters or Teach- 
ers of French and drawing, who were in the service of that corps. So 
stood the law, when the Act of the 29th of April, 1812, was passed, en- 
titled “An Act making further provision for the corps of Engineers.” 
This Act, by the 1st section provides, that certain officers be added to 
the corps of Engineers, and that there be attached to this corps a com- 
pany of Bombardiers, Sappers arid Miners. The 2d section provides, 
that the Military Academy shall consist of the corps of Engineers, (includ- 
ing, of course, the ten cadets, who had been originally attached to it, and 
who formed a part of it,) and certain new Professors, in addition to the 
Teachers of the French language and drawing, already provided,. 1 will 
merely remark, in passing, that these new Professors then attached to 
tiie corps of Engineers, come within the description of the 96th article 64 
of the permanent Act of 180G, establishing the Rules and Articles of 
War, as persons receiving pay in the service of that corps. The 3rd 
section of the Act of 1812, provides that “The Cadets heretofore ap- 
pointed in the service of the United States, whether of Artillery, Caval- 
ry, Riflemen, or Infantry, omitting in the enumeration those that had 
been theretofore appointed in the service of the Corps of Engineers, or 
that may in future be appointed, as hereafter provided, shall at no time ex- 
ceed two hundred and fifty; that they may be attached, at the discretion of 
the President, to the Military Academy, and be subject to the established re- 
gulations thereof, that they shall be arranged into companies, &c. The 
section, after going on to describe the discipline of the Cadets, proceeds 
to direct the manner of appointment, and qualifications of the Cadets, 
thereafter to be appointed. 
If it were material to the decision of the question, which you have 
submitted to me, I should say, that I differed from colonel Hindman, 
and the Court Martial, in the opinion, that by the 3rd section the Ca- 
dets, who had been previously constituted a part of the corps of Eng- 
gineers, were abolished, or amalgamated with the two hundred and fif- 
ty, authorized by that section to be attached to the Academy; for by 
the 2d section it is expressly declared, that the Military Academy shall 
consist of the corps of Engineers; that is the existing corps, expressly 
composed in part under the Act of 1802, of the ten cadets, who so far 
from being abolished, is hereby confirmed ; and when you come to ex- 
amine the component parts of the two hundred and fifty new cadets, 
who are authorized by the 3rd section, you will find no part of the de- 
scription which applies to the ten cadets, who had been previously at- 
tached to the corps of Engineers; for these ten had not heretofore 
been appointed in the service of the United States, either of Artillery, 
Cavalry, Riflemen, or Infantry ; the corps of Engineers having been, by 
the previous laws, erected into a corps distinct from them all, and known 
by a different name; nor were those ten cadets, already appointed, 
included in the only remaining part of the description of those “who 
may in future be appointed, in the manner herein after provided.” What- 
ever might have been the intention of Congress, it is very clear to my 
judgment, that they have, by this section, authorized the President to 
add to the establishment, two hundred and fifty Cadets, exclusive of the 
ten, who had been already appointed, under the Act of 1802. But to pro- 
ceed directly to the point in question. The Cadets embraced in the 
3rd section were to be attached, at the discretion of the President, to the 
Military Academy, and when so attached they were to be subject to the 65 
established regulations thereof. What is the meaning of this phrase at- 
tached to the Military Academy ? Does it mean the buildings in which the 
military art was taught? No, Congress have not left us in the dark on 
this point ; they have expressly defined what they mean by the phrase 
i( the Military Academy,” by the 27th section of the Act of 1802, they 
have expressly declared that the Corps of Engineers shall constitute this 
Military Academy ; and by the 2d section of the Act immediately un- 
der consideration, they have repeated “ That the Military Academy shall 
consist of the Corps of Engineers, 8{c. By attaching these Cadets, there- 
fore, to the Military Academy, is clearly meant, attaching them to the 
corps of Engineers, with their train of processors, who constitute that Aca- 
demy ; and while so attached they compose a part of this corps ; being thus 
identified with the Corps, if this were a case in which implication could 
be suffered to speak, it might be fairly held, that they became, by irre- 
sistable consequence, subject to all the laws which bound that Corps. 
Congress, however, with their habitual caution, have saved us the ne- 
cessity of collecting their intention by inference, in this respect, by ex- 
pressly declaring that the cadets thus attached to the pre-existing mili- 
tary body, known by the name of the Military Academy, should be subject 
to the established regulations of that body. What were these regulations ? 
One of them was, (under the Act of 1802,) that that body should be 
subject to do such duty, in such places, and on such service, as the Pre- 
sident should direct. Another was, (under the Act of 1806,) that that 
body should be subject to the Rules and Articles of War, and be sub 
ject to be tried by Courts Martial; and the section under consideration 
expressly declares, that the two hundred and fifty Cadets shall be sub- 
ject to the same regulations. 
It is said, however, by colonel Hindman, that the 96th article of the 
Rules and Articles of War embraces only the case of cadets, in the ser- 
vice of the Artillery, and corps of Engineers; and that these cadets, 
not being in the service of either of these corps, are not comprehended 
by that Article. In answer to this, it might be very fairly insisted, that 
those cadets, after their attachment to the, corps of Engineers, come with- 
in the very description of the 96th article, being persons ivho receive pay 
in the service of the corps of Engineers: But let it be admitted, that the 
new cadets are not within the description of the 96th article; can it be 
denied, that the original body wdio composed the Military Academy, 
were within that description ; for if they were, the Act of 1812 places 
the new cadets precisely on the same footing, by subjecting them express- 
ly the same established regulations. 66 
Lest it should be thought, that this phrase, established regulations, has'' 
a narrower sense than that which I have assigned to it; that it allows, 
for example, to the allotment for the hours of study, for exercise, for re- 
laxation and refreshment, &c. It may not be amiss to observe, “ that 
the same rules and regulations” are the very terms employed by Con- 
gress, in parallel cases, with an unquestionable reference to a subjec- 
tion to Martial Law. In support of this, see chapter 376, section 2, 
volume 4, page 405; chapter 532, section 2, page 541. In chapter 590, 
section 4, volume 4, page 645, the phrase here is, that the new troops 
shall be placed, in every respect, on the same footing as the other regular 
troops of the United States. But if this phrase, “ established regulations,” 
is to have the restricted sense which I have supposed, then the new ca- 
dets are not subject to do duty, where, and when, and how, the Presi- 
dent may direct. The construction which would subject them to do du- 
ty cannot fairly avoid the other. 
It is suggested, by colonel Hindman, on behalf of the Court Martial, 
that these Cadets are merely students: In one sense they are so, and 
so was the old corps, known under the name of Artillerists and Engi- 
neers; so was the original corps of Engineers, who constituted the Mi- 
litary Academy; for both, “hooks, instruments, and apparatus for stu- 
dy,” were expressly provided by law; yet this character of students did 
not exempt them from liability to Martial Law. But if the suggestion 
is intended to place Cadets on the footing of civil students, clothed with 
all their civil privileges and immunities, it is proper to remark, that those 
Cadets occupy a very different ground—they are enlisted soldiers—they 
engage like soldiers to serve five years, unless sooner discharged—they 
receive the pay, rations, and emoluments of sergeants—they are bound 
to perform military duty, in such places, and on such service, as the 
Commander in Chief of the army of the United States shall order, and 
finally, by the Act of the 3rd of March, 1815, fixing “ the military peace 
establishment of the United States,” the corps to which they are attach- 
ed, and of which they form a part, is expressly recognized as a Part of 
that military establishment. See the Act in the 4th volume of the Laws 
of the United States, page 825. 
I have given you all this trouble, sir, from my respect for the Court 
Martial, with whom I have been obliged to differ, as well as from the 
real delicacy, and importance of the question. And after every allow- 
ance for the genius of our Constitution and Laws, and after rejecting 
every thing like implication and inference from the consideration of 67 
this question, I come to the conclusion, that the Corps at West Point 
form a part of the land forces of the United States, and have been con- 
stitutionally subjected, by Congress, to the Rules and Articles of War, 
and to trial by Courts Martial. 
I have the honor to be, sir, with the greatest respect, 
your obedient servant. 
WILLIAM WIRT. 
To the Honorable John C. Calhoun, Secretary of War. 
CM 
Adjutant and Inspector General’s Office, 
10th of November, 1819. 
GENERAL ORDERS. 
The President having considered the proceedings of the General 
Court-Martial which, by his order, of the 23d of September last, was 
reassembled at West-Point, to-proceed in the trial of Thomas Ragland, 
W. M. C. Fairfax, N. H. Loring, Charles Vining, and C. R. Holmes, Ca- 
dets of the Military Academy, disapproves the decision of the Court, in 
declaring that its jurisdiction was not competent to the trial of Cadets, 
and orders it to be dissolved. 
The President is of opinion, that the Professors, Teachers, and Ca- 
dets, are governed by the Rules and Articles of War, although the In- 
stitution is intended for instruction, and is preparatory for Military 
promotion, it is nevertheless evidently governed by Martial Law. 
He disapproves also, the conduct of the Cadets in the instances sla- 
ted by the Secretary of War, in his letter of the loth of January last, 
to major Thayer, which, with this order, he directs to be read by the 
major to the Officers of the station, the Professors, Teachers, and Ca- 
dets, who are to be further assembled for the purpose. 
If Military orders are not promptly obeyed, all discipline is at an 
end. And if any order is supposed to impose onerous conditions, the 
objections to it will always be heard, and will have mere weight when 
urged by a Cadet, giving proof of his obedience to the order, and of his 
attachment to discipline. 
In consideration, however, of the long suspension of the Cadets, 
which, from their age, has operated as a severe penalty, he orders that 68 
their suspension he removed, and that they be restored to the Acade- 
my. He adopts this measure in the expectation that these young men 
will by their future conduct give such an example of obedience to or- 
ders, and qf discipline, as to meet the approbation of the Executive. 
By order, D. PARKER, 
Adj't. and Insp’tr. Genera’. 
In consequence of the unmerited severities imposed by this last 
order upon Messrs. Fairfax, Ragland, Vining, Loring, and Holmes, 
and also from the approval, which it contains, of those measures and 
abuses, which formed the subjects against which the Cadets complain- 
ed, Mess. Fairfax, &c. forwarded, a few weeks since, their resignations 
to Washington. They have been accepted. 
Dec. 16th, 1819. 
FINIS.