WASHINGTON, _August 24, 1842_.
_To the Senate of the United States_:
On the 15th day of April, 1842, in virtue of the sentence of a
court-martial regularly convened under orders from the Secretary of the
Navy, which received my approval, John H. Clack, who was a captain in
the Navy, was dismissed the service. Since the confirmation of that
sentence a letter has been addressed by Mr. Paulding, late Secretary
of the Navy, to Captain Clack, which leads to the belief that he had
analyzed the charges made against Captain Clack, and for reasons which
appeared to him satisfactory and which, according to his letter, he
indorsed on the charges, disposed of the case by refusing to submit it
to a court-martial.
Notwithstanding a diligent search has been made for this document, none
such can be found; but the only paper in the office having reference
to this subject is a letter addressed by Mr. Paulding to Lieutenant
Buchanan, a copy of which, together with the original of that of Mr. P.
to Captain C., is herewith communicated. I felt it, however, every way
due to the high character of Mr. Paulding to consider the fact stated by
him to be as well sustained by his declaration to that effect as if the
record was found, and as the court-martial would not have been ordered
by the present Secretary with the knowledge of the fact stated by Mr.
Paulding, since it would have been improper to have reopened a case once
finally disposed of, I have felt that it was alike due to the general
service of the Navy as to Mr. Clack to nominate him for reappointment
to the service.
I therefore nominate John H. Clack to be a captain in the Navy of the
United States.