A strange sail hove in sight near the close of this attack, and she proved to be the John Adams 28, Capt. Chauncey, last from home. This ship brought out the commissions already mentioned, as having been issued some time previously. By this promotion, Somers became a master commandant, or a commander, as the grade is now termed; a rank in the navy which corresponds to that of a major in the army, and which entitles its possessor to the command of a sloop of war. Several of these commanders were made at this time, of whom Somers ranked as the seventh, which was precisely the number he had previously occupied on the list of lieutenants. There was a peculiarity about this promotion which is worthy of comment, and which goes to show the irregularities that have been practised in a service which is generally understood to be governed and protected by the most precise principles and enactments. Certainly some, and it is believed that _all_ the commissions of commanders, bestowed upon the service in 1804, were issued without referring the nominations to the Senate for confirmation. We have examined one of these commissions, and find that it contains no allusion to that body, as is always done in those cases in which a confirmation has been had; and the omission raises a curious question as to the legality of the appointments. As the rank of commander in the navy has never been declared by law to be one of those offices in which the appointing power is exclusively bestowed on the president, or a head of a department, it follows that it comes within the ordinary provision of the constitution. Now, in all the latter cases, the power of the executive to appoint is confined to that of filling vacancies which occur in the recess of the Senate, and the commission issued, even under this strictly constitutional authority, is valid only until the expiration of the succeeding session of that body. Thus three questions present themselves as to the legality of these commissions. First, that the grade of masters and commanders had been indirectly, if not directly, abolished by the reduction law of 1801; and, such being the fact, the constitution giving to Congress full powers to pass laws for the government of the army and navy, it may well be questioned if the president and Senate united had any legal right to reestablish the grade by the mere use of the appointing power. Second, whether such a vacancy existed as to authorize the president to fill it in the recess of the Senate, had Congress renewed the rank by law, which, however, is believed not to have been the fact; and, third, whether the commissions actually granted, being without the advice and consent of the Senate, could be legal, after the close of the succeeding session of that body, under any circumstances. As to the last objection, it is understood all the gentlemen who received these commissions continued to serve under them until they died, resigned, or were promoted.