M. VAN BUREN.

WAR DEPARTMENT, _June 28, 1838_.

The PRESIDENT OF THE UNITED STATES.

SIR: In submitting the name of Brevet Lieutenant-Colonel S. Thayer,

of the Corps of Engineers, for the brevet of colonel for ten years'

faithful service in one grade it may be proper to state the

circumstances of his case.

When the law of 1812 regulating brevets was repealed by the act of June

30, 1834, all the officers of the Army who were known to be entitled to

the ordinary brevet promotion for ten years' faithful service in one

grade received on that day, by and with the advice and consent of the

Senate, the brevet promotion to which they were respectively entitled.

The regulation which governed the subject under the law had reference

only to service with regularly organized bodies of troops, and valid

claims arising under it were generally known and easily understood at

the Adjutant-General's Office. If incidental cases occurred for which

the written regulations could not provide the rule, although equally

valid, such, nevertheless, may not in every instance have been known at

the War Department until specially represented by the party interested.

The case of Brevet Lieutenant-Colonel Thayer happened to be one of those

incidental claims, and as soon as it was submitted for consideration its

validity was clearly seen and acknowledged. Had it been submitted to

the Department when the list was made out in June, 1834, it may not be

doubted that this highly meritorious and deserving officer would at the

time have received the brevet of colonel for "having served faithfully

as brevet lieutenant-colonel and performed the appropriate duties of

that grade for ten years," which, it may be seen, was due more than

_a year before the passage of the act repealing the law_.

In presenting now this deferred case for your favorable consideration

justice requires that I should advert to the valuable services

rendered to the Army and the country by Lieutenant-Colonel Thayer as

Superintendent of the Military Academy at West Point. In 1817 he found

that institution defective in all its branches, and without order; in

1833 he left it established upon a basis alike honorable to himself and

useful to the nation. These meritorious services constitute _another_

claim which entitles this officer to the notice of the Government, and

as they come fairly within one of the conditions of the law which yet

open the way to brevet promotion, the incentive it provides is fully

realized by the services that have been rendered.

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