as that of
commander-in-chief of the whole squadron, without limitation as to
time or otherwise; and this, too, your excellency will be pleased
to observe, was not a verbal transaction, but a solemn engagement
in writing, bearing date the 26th day of March, 1823, and now in my
possession. I had also the assurance in writing of the Minister of
Marine, that the formalities of engrossment and registration of
such appointment were only deferred from want of time, and should be
executed immediately after my return.
And now I most respectfully put it home to your excellency whether
these engagements have or have not been fully confirmed and complied
with under the present administration. I ask your excellency whether
the patent which I received, bearing date the 25th November, 1823,
did not contain a clause of limitation by which I might at any time be
dismissed from the service under any pretence or without any pretence
whatever--without even the form of a hearing in my own defence. Then
again I ask your excellency whether my office as commander-in-chief of
the squadron was not reduced for a period of three months--as appears
by every official communication of the Minister of Marine to me during
that period--to the command only of the vessels of war anchored
in this port?[A] and further on this subject I ask your excellency
whether after my repeated remonstrances against this injurious
limitation of my stipulated authority, it was not pretended by the
decree published in the Gazette of the 28th February, that I was then
for the first time, as a mark of special favour, elevated to the rank
of commander-in-chief of the squadron, and that too during the period
only of the existing war: although nothing less than the chief command
had been offered to me at the first, without any restriction as to
time, and although it was only in that capacity I had consented to
enter into the service, and under a written appointment as such I had
then been in the service nearly twelve months. And then I ask your
excellency whether the limitation introduced into the patent of the
25th of November last, in violation of the original agreement, and
confirmed and defined by the decree published on the 28th of February
following; to which may be added the communication which I received
from your excellency, excluding me from taking the oath, and becoming
a party to the constitution, the 149th article of which provides for
the protection of officers
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