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JANUARY, 1847.]

Death of Judge Pennybacker.

[29TH CONG.

Resolved, unanimously, That as an additional mark of respect for the memory of the Hon.

ISAAC S. PENNYBACKER, the Senate do now adjourn.

The committee of arrangements consists of Mr. SEVIER, Mr. MANGUM, Mr. BREESE, Mr. CRITTENDEN, Mr. BENTON, and Mr. Webster. The Senate then adjourned.

HOUSE OF REPRESENTATIVES.

TUESDAY, January 12.

Death of Judge Pennybacker.
The Senate notified the House of Represent-
atives by their Secretary of the death of the
Hon. ISAAC S. PENNYBACKER, late a Senator in
Congress from the State of Virginia.

sir, in exactly the same circumstances-another by the usual mode of wearing crape on the left associate of our body has been stricken down arm. by the insatiable spoiler, and gathered to his receptacle of trophies-the grave. Sir, it was not my fortune to be personally acquainted with Mr. PENNYBACKER till he met me on this floor as my colleague; but I learn from others that he was born in the most beautiful region of this widely-extended Union-the mountain valley of Virginia. Sir, the population of that valley, like that, I believe, of all mountain regions in this country, was marked by primitive simplicity and industrial habits, and he seemed to have imbibed from the contact all that purity of character, and those habits of industry, which are the appropriate characteristics of such regions. My honored colleague was no more than forty-one years of age. His merit cannot be better estimated by other evidences than by the fact that he had been a Representative of the State of Virginia upon Whereupon Mr. JAMES MCDOWELL, of Virthe floor of the House of Representatives-had ginia, rose and addressed the House as follows: filled the office of Federal district judge of his I rise, Mr. Speaker, to perform, for an honored State, and at this early period of life, was ele- and valued colleague, lately representing our vated to the second highest distinction known native and common State in the other branch under this Government-a seat on the floor of of this national assembly, the same sad and the Senate of the United States. He came, melancholy office which he himself performed sir, to my acquaintance, heralded by the reputa-in his place less than a year ago for my own tion of the highest probity-the soundest understanding, improved by habits of labor-the kindest affections, expanding themselves in a large domestic and social sphere-manners so felicitously bland and courteous as to prepare the way for that esteem which his character was calculated to impress. Sir, I believe I may appeal to every member who with me has known him upon this floor-he entirely fulfilled the promise of this heraldry in the intercourse which I had with him. I do not affect, Mr. President, to offer consolation to his bereaved and afflicted family, who are here affording the best of all solace-that of solicitous and affectionate attention in his last moments. I refer them, sir, for consolation to that High Power which we read sometimes chasteneth, because He loveth, and who has promised unfailing comfort to those who, with reverence say: "Thy will be done, and not mine." Sir, to that power and to that source of consolation, with all reverence on my part, I refer their distresses. I now move the ordinary resolutions, which will be read by the Clerk, for the adoption of the Senate.

The resolutions were read accordingly, and are as follows:

kinsman and immediate predecessor, here. I rise to say-what I know will be felt with sensibility by those who hear me, and what will send a pang to the hearts of thousands who do not

that ISAAC S. PENNYBACKER, one of the Senators from Virginia, is no more! Whatever, under the guidings of Providence, or in the fulfilled and cheering promise of his outset, he might have become in the lofty career which the confidence of his country had assigned him, that career is now over; his expectations and his efforts in it are now ended, and the silence and seal of death are forever upon him.

He was seized and snatched away from his labors almost before he had begun them, but not before the modest and ingenuous qualities of his nature had been seen, or before he had shown himself, in all the safest, soundest, and purest virtues of a public man, to be worthy of all acceptation. He was comparatively young-less than forty-two years of age-so that he came to the eminent station which he filled precisely at that period of life when the body and mind, in their complex action upon one another, co-operate the best, and when man is most capable of building up the richest monuments of usefulness and fame for his country, and himself. He was born in Shenandoah

Resolved, unanimously, That a committee be ap- county, Virginia-was educated to the profespointed by the President of the Senate pro tempore, sion of law, which he entered upon in early to take order for superintending the funeral of the Hon. ISAAC S. PENNYBACKER, which will take place manhood, and practised with a high and proto-morrow, at twelve o'clock M., and that the Sen-gressive reputation until he was called upon to

ate will attend the same.

Resolved, unanimously, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the Hon. ISAAC S. PENNYBACKER, deceased, late a member thereof, will go into mourning for him one month,

represent his native district in Congress, from whence, at the end of his first representative term, he was transferred, by appointment of the President and Senate, to the district court of Western Virginia, and was thence again transferred, but a year ago, by the Legislature

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of that venerable Commonwealth, to the responsible and final post, from all the honors, and counsels, and toils, of which he has now been removed by that mysterious and Gracious Power which governs us all, to another, and I would reverently hope, to a better world.

He was always a student-an ardent and devoted student. The study of his profession especially, as I learn from his more intimate friends, was both his habit and his enjoyment; and hence it was that he became not only eminently qualified by his learning and his love of investigation for judicial labors, but that the whole texture of his mind became gradually and essentially judicial also. He thought with care, with system, with clearness, with rectitude, and he thought to results. A sound lawyer, a wise judge, a trusted statesman-he was more than all these; he was a sound, irreproachable, trustworthy, and honest man; never—and I speak it with emphatic utterance-never bringing upon any human face, by any act of his, either the blush of shame or the stain of a tear. Wherever his avocations or his duties called him, it was the cheering lot of this excellent man to be always surrounded by friends friends who respected and who loved him. And, having thus lived a life of probity and of peace upon earth, he has gone, in the meridian of his day, to the tomb, without a solitary reproach to follow, or a solitary enemy to forgive him.

Like his late and lamented colleague from Louisiana, (Mr. BARROW,) he was stricken down in all the pride of his physical power, and in the full maturity of his brightest manhood; like him he was crushed by an unexpected and a startling blow, and sharing side by side with one another, as they did, the hopes of their country and the joys of freshest life, how sad, how strange, how admonitory, is it to us all to see them parted by death for a season, and then grouped and gathered again as companions for the grave! Unlike that Senator, however, my honored colleague breathed his last in the bosom of his family, and had his forlorn and solitary pathway to another world soothed by the presence and comforted by the aid of all who were dearest to him in this. Here it is, in the breaking up of that tender and holy bond which brings wife and children to the pillow of the dying husband and father that we find a bitterness in death to which the rupture of all other relations is as nothing. But it is not for us to look upon this private scene; it is not for us to go into the sanctuary of this sorrow, nor listen to that cry of anguish and brokenness of heart which is there. As frail and dying and Christian men, however, we cannot think upon such distress without sympathy and awe, nor without an involuntary appeal to him who is the Father and Saviour of us all, that he would spread the shelter of his wing for the poor sufferers who are weeping and bleeding under the stroke of his power

To us who are here, this lesson after lesson
VOL. XVI.-3

(JANUARY, 1847

on our own mortality is too solemn and too sacred to be lost. If we are provident and wise, as we know that we are immortal, let us take these lessons as so many providences, mercifully and seasonably sent for our good; and, flushed as we now are with all the energies and hopes of life, be it our part to seek for and to seize upon that hope, blessed above every other-that hope "which travels through nor quits us when we die; " which unites the last throb of expiring nature with the first one of neverending joy.

"To man in this, his trial state,
The privilege is given,

When tossed by waves of human fate,
To anchor fast on Heaven."

With these remarks, Mr. Speaker, I move the resolutions which will be offered by one of my colleagues.

Resolved, That this House has heard with deep sensibility the announcement of the death of the Hon. ISAAC S. PENNYBACKER, a Senator in Congress from the State of Virginia.

Resolved, That as a testimony of respect for the of this House will wear the usual badge of mournmemory of the deceased, the members and officers ing for thirty days.

Resolved, That the proceedings of this House in relation to the death of the Hon. ISAAC S. PENNYBACKER, be communicated to the family of the deceased by the Clerk.

Resolved, That this House will attend the funeral of the deceased in a body; and, as a further mark of respect for his memory, that it do now adjourn.

The resolutions were adopted, and the House accordingly adjourned

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Mr. PRESIDENT: The bill under consideration was introduced in accordance with the recommendation contained in the President's special Message of the 4th instant. The reasons for asking the appointment of a general to command all our military forces in Mexico were briefly explained in that Message. Having introduced the bill as a member of the Committee on Military Affairs, I deem it due to the Senate and to the subject to state the considerations by which I have been governed in giving the measure my support.

Our military operations in Mexico have heretofore been carried on in detached commands, on very extended lines, and in the

JANUARY, 1847.]

Lieutenant-General.

[29TH CONG.

execution of enterprises not only totally distinct | disinterestedness; and yet in the organization from each other, but at geographical distances of military bodies and in the preparation of so remote as to preclude any thing like direct plans of campaign, we should be wanting in combination between the forces respectively ordinary prudence if we were not guided by employed in them. These enterprises have all those general principles, which are calculated been successful. Santa Fé and Chihuahua have to render our arrangements proof, as far as been overrun and occupied by the military human arrangements can be, against all hazard forces under General Kearny; the Californias of failure in their execution. If there is a by Colonel Fremont and our naval forces in the particular form of organization better suited Pacific; New Leon and part of Tamaulipas by than any other to give efficiency to the moveGeneral Taylor; and Durango by General Wool ments of military forces, it is the part of wisand General Worth. The whole of northern dom to adopt it; nor should we be content with and central Mexico, as far south as the mouth a less efficient form, even though we have the of the Rio Grande and the twenty-sixth parallel fullest confidence in the patriotism and zeal of of latitude, is virtually in our possession. The those who are to have part in the contemplated Mexican authority may by this occupation be enterprises. Sir, I have entire faith in the considered extinct in this extensive district, devotedness and gallantry of the officers of our constituting, if we include Sonora and Sinoloa army, and of the volunteers; and no one shall on the eastern shore of the Gulf of California, surpass me here in attributing to them the from which I believe the Mexican forces are praise, and awarding to them the justice to which withdrawn, about two-thirds of the entire ter- they are entitled. I consider the proposed ritory of the Mexican republic, and about one- measure entirely consistent with the interests tenth of its population. The land forces, by of both arms of the service, which are deeply which these acquisitions have been made, are concerned, though not so deeply as the interrapidly concentrating upon the southern line ests of the country, in giving to the military of the subjugated territory. Their operations body, of which they are a part, the most judiare to be, in some degree, combined, instead cious and efficient organization. of being carried on in separate divisions. General officers, who have heretofore operated independently, are to come together and to act with each other in the accomplishment of common objects. At least four of these generals have the same rank, that of major-general, the highest rank in the service; and precedence among them in their respective arms is, therefore, to be determined by date of commission. In subordinate commands this mode of settling questions of precedence is inevitable, and ordinarily leads to little practical inconvenience. But to permit the right to the chief command over such numerous forces as are now to be combined, and in such extensive operations as are to be carried on, to be determined by mere priority of commission, and not by superiority of grade, is, to say the least, exceedingly undesirable not only in deference to military principles, but because this very circumstance has often proved unfriendly to united and zealous action, and sometimes has led to the frustration of plans of campaigns, and even to defeat, when success would have been certain with proper co-operation on the part of the commander and his subordinates. I might appeal, for the truth of this remark, to our own military history, as well as to that of other countries. I believe I may say, it is a well-settled opinion in respect to military command, and especially in extensive operations, that the chief commander should, if possible, be superior in grade to the other general officers serving under him. The considerations, by which the correctness of this principle is supported, are perfectly compatible with the highest patriotism and honor in the persons holding subordinate commands. It is strictly a question of military organization. We may concede to all the purest devotion and

Looking to the numerical forces to be moved in combination, they will far exceed any number ever commanded in this country-and I believe I may say in any other, except from accident or some temporary necessity-by a major-general, the highest grade in our service. The proper command of an officer of that rank is a division. A major-general and a general of division are convertible terms. A division consists of two brigades; a brigade consists of two regiments in the regular service and three in the volunteers. The command of a majorgeneral, therefore, is from four to six thousand men. The force to be employed in Mexico, if our operations are to be carried on with proper vigor, should not fall short of twenty-five or thirty thousand fighting men in the field. It now exceeds twenty thousand. It is sufficient for four full divisions. To permit it to be commanded by a major-general, having no precedence over his associates except by the date of his commission, is as inconsistent with military principles as it would be to organize a regiment with three or four majors, and without a colonel; or, in other words, without a head. It is far too large a force to be commanded either by a major-general or a general having no higher rank than others serving under him. Such an arrangement is totally inconsistent with military principles and usages, looking to organization in its narrowest sense. When Napoleon was in command of the army of Italy, after his first successes, the Executive Directory determined to associate with him General Kellerman, one of the best commanders of that day. Napoleon remonstrated against it in a letter written in his usual terse and vigorous style; and he concluded by saying, that one bad general was better than two good ones.

2D SESS.]

Lieutenant-General.

[JANUARY, 1847.

Sir, there is great force and truth in the propo- | did not believe it would occur; he was not sition. He intended to intimate that every deceived in this belief; and he never entered military body should have a distinct head; and certainly the observation is eminently applicable to cases in which the numerical forces are greatly disproportioned to the rank of the officer commanding them. For these reasons, if there were no others, I should be in favor of the President's recommendation to appoint an officer of higher rank to command our armies in Mexico.

on the discharge of his duties, excepting so far as to give advice with regard to the organization of the army. About a year after this grade was created, and a few months before he died, another act was passed authorizing the appointment of a commander of the army, with the title of "general of the armies of the United States," and thereupon abolishing the office of lieutenant-general. I have not been able to find that the appointment was ever made, and by a return from the War Department in 1800, General Washington was reported as lieutenant-general dead. According to the analogies of other services, the rank of general is higher than that of lieutenant-general. I have not thought it material to inquire into the object of the second act; but it may have been designed to confer on him a rank as nearly approaching that which he bore in the revolutionary war (that of general and commanderin-chief) as was consistent with the Constitution of the United States, which declares the President to be commander-in-chief of the armies of the United States.

Thus far I have spoken of the proposed measure as connected with sound principles of military organization and command. I desire now to present some considerations of a different nature. Our military commanders in Mexico are operating in an enemy's country of vast extent. They are overrunning provinces, reducing cities and towns, and providing for the security of the subjugated territories under the rules of international law, and according to the usages of civilized States. These are high prerogatives, the incidents of war, having their authority in conventional rule beyond the civil constitution and municipal laws of our own country. It is very desirable that the depositary of these high and extraordinary powers should not only carry with him the requisite military talents, but that he should also possess the experience and the civil qualifications indispensable to enable him to meet his responsibilities intelligently and discreetly. Not only his own Government, but all civilized nations have an interest in the maintenance of rules designed to mitigate the asperities of warfare by applying to the conduct of war the principles of humanity and justice. Errors in the application of these rules may involve his own Government in embarrassment and reproach. These considerations, I am aware, apply rather to the qualifications of the man than to the rank he may happen to hold. I advert to them only for the purpose of indicating the impor-pation of an enemy's territory-and, let me tance of the position occupied by the commander of our armies in Mexico, and the propriety of extending to the President the broadest field for selection.

In other services, the rank of lieutenantgeneral is, I believe, a part, and an essential part, of the military organization. In France it was formerly conferred on the chiefs of provinces and the individuals holding it were invested with civil as well as military functions. In modern times, I believe, it has become purely a military title, and it confers a rank intermediate between that of major-general which is below, and general, which is above it. As the grade next to that of major-general it seems the proper title, if a higher grade is to be created. On the other hand, though the office of commander of the military forces in Mexico will be purely military, nevertheless, in providing for exigencies which may arise in the occu

add, with as little disturbance as possible to the local authorities and the ordinary administration of justice-his station becomes one of the highest delicacy and importance. If a new In the Message of the President, it is recom- grade is to be created, I repeat, the title of mended that authority be given to appoint a lieutenant-general will be admitted to be proper commanding general for our military forces in in a strictly military sense, and it is descriptive Mexico, without specifying any rank. The of the relation in which the commander of the committee, in reporting the bill, proposed to armies in Mexico will stand to the President confer on him the rank of lieutenant-general-as commander-in-chief of the armies of the the grade in other services next above that of major-general, which is the highest in ours. The grade was created in 1798, during our dissensions with the French republic, by an act authorizing the President to raise a provisional army. The office was conferred, by the unanimous vote of the Senate, on General Washington, and was accepted by him, but with the express stipulation, that he should not be called into service until the exigency for which the office was created-an invasion of the United States by France-should actually occur. He

United States under the constitution. He cannot be in Mexico in person, and he must, therefore, command there by his lieutenant or deputy, by whatever name the latter may be called.

The proposed creation of a new grade in the army, higher than any now known to the service, does not contemplate the creation or delegation of any new authority to the officer who may be appointed to it. He will possess no other powers excepting those now possessed by our military commanders. The act creating the office limits its duration to the war with

JANUARY, 1847.]

Lieutenant-General.

Mexico. It is proposed to be created for the extraordinary einergency in which the country is placed, and will cease with it.

[29TH CONG. age or power, I am in favor of extending to the President, within the sphere of his existing powers, the fullest command of means. It is I desire it to be distinctly understood that a necessary incident to the conduct of war to the measure is proposed with a view to the invest him, in this respect, with a large disvigorous prosecution of the war, and in this cretion. Be it for good or for evil, we must view only I support it. If we were to have a | give him our confidence. It is always possible war of posts, or a long and moderate war, the an Executive may not respond to it as we think office would be unnecessary, and I should not he ought. But it is quite clear that he cannot give it my support. On this point I desire to without it hope for a successful execution of say a few words more. I concur fully in the his plans. With these impressions, I shall vote sentiments expressed by the Senator from Ken- for the men and means, which may be asked to tucky (Mr. CRITTENDEN) at a late session of the carry on the war with vigor. I shall vote for Senate, with regard to a vigorous prosecution such an organization of the army as is deemed of the war. I see no alternative but to advance necessary to give it the greatest efficiency, so with a competent force, and compel Mexico to long as I see no salutary principle violated. make peace. Least of all would I approve the The honorable Senator from Kentucky (Mr. policy which has been referred to on this floor, CRITTENDEN) expressed the same determination of maintaining our present line of possession, in respect to men and means at a late meeting and waiting for peace to come to us. I see in of the Senate. Sir, no one appreciates the such a policy no beneficial results. On the con- patriotism of that honorable Senator better trary, I see in it nothing but evil and mischief. than myself; and I sincerely wish the confiI believe it would be a line of war, assassina-dence in the Executive, which this determination, and rapine, which neither party would tion implies, could consistently with his views have the ability to put down. It is only a restoration of peace, resting upon the solemn sanctions of a treaty, that can engage either party to treat the perpetrators of outrage with the severity necessary to suppress it. Draw a line across the Mexican territory, and place your soldiery here to guard it, and you will be exposed to the danger, so well described by the Senator from Kentucky, of having your own divided forces attacked by the combined forces of the enemy at any point which he may elect. Besides, sir, take such a line, and let our present hostile relations to Mexico continue, and you give to individual acts of depredation, in some degree, the sanction of law. You convert a war of communities into a war of individuals, without responsibility and without restraint, while the hostile feeling between the two countries will constantly grow more embittered by the repetition of acts of violence. Peace alone, uniting the sovereign power of both countries in the maintenance of order, can terminate a state of things disastrous to both, and at war with all the interests of humanity.

I have but one word more to say in support of the bill. The President has asked the appointment of a commander of the armies in Mexico, with an increased rank. He believes it to be essential to the proper organization and movement of the army. He believes the success of our military operations may depend upon it. Sir, when the public honor and reputation are at stake, I am willing to extend to the Executive, on whom rests the whole responsibility of bringing the war to an honorable termination, any reasonable aid he requires. If we deny him the means he asks, and there shall be any failure in the enterprises set on foot, the responsibility will rest, not on him, but on us. While I am never in favor of enlarging unduly the sphere of executive patron

of duty, be carried a little farther-that while giving to the Executive all the men and money asked for, he could also vote for such an organization of the army as is deemed necessary to a vigorous prosecution of the war; for means and men avail little without the energy-moral and physical-of an efficient organization. For myself, I perceive nothing objectionable in the measure proposed. On the contrary, I can readily conceive it to be essential to the successful prosecution of our military operations in Mexico. I believe it to be necessary to a proper organization of the army; and I sustain it with cheerfulness, as a measure which is deemed necessary by the Administration to sustain the honor of the country and to insure the success of its arms.

Mr. BADGER said he had the honor of serving on the Military Committee; and when this bill was under consideration in that committee, in the absence of the chairman, (Mr. BENTON,) its members found themselves equally divided. He and the Senator from Kentucky (Mr. CRITTENDEN) were opposed to the plan of creating the office of lieutenant-general; while the other two members of the committee (Messrs. Dix and HOUSTON) were in favor of it. His friend from Kentucky and himself, however, felt bound in courtesy to permit the bill to be reported, as the two gentlemen who were in favor of it undoubtedly represented a majority of the committee, and the majority on this floor; still he felt bound to state his reasons for opposing it. He wished, in his own behalf, (and perhaps he might say on behalf of the honorable Senator from Kentucky,) to state to the Senate briefly, but yet somewhat more in detail than the short summary given by his honorable friend, the reasons which induced him and his colleague (Mr. CRITTENDEN) in committee, and which would induce him now, and he supposed he might say still influenced his colleague, to re

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