There are certainly some doubtful assumptions of power, and some points on which explanations are necessary. The most important is the reason, which may have induced the President, when he considered the war as necessary and almost unavoidable, not to communicate to Congress, which was all that time in session, the important steps he had taken, till after hostilities, and indeed actual war had taken place. The substitution, for war contributions, of an arbitrary and varying tariff, appears to me to be of a doubtful nature; and it is hoped, that the subject will attract the early attention of Congress. I am also clearly of opinion, that the provisions of the law respecting volunteers, which authorizes them to elect their officers, is a direct violation of the constitution of the United States, which recognizes no other land force than the army and the militia, and which vests in the President and Senate the exclusive power of appointing all the officers of the United States, whose appointments are not otherwise provided for in the constitution itself. (With respect to precedents, refer to the act of July 6th, 1812, chap. 461, (cxxxviii.) enacted with due deliberation, and which repeals, in that respect, the act on same subject of February 6th, 1812.) * * * * * Transcriber's note: Page 10: Changed adequte to adequate Page 28: Changed oppropriate to appropriate