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and Battalions, are Staff Officers, within the meaning of the third section of the seventh article of the Constitution of this State. By analogy to the sixth section of the ninth article of the Constitution, as well from general principles, we are satisfied, that with regard to that class of Staff Officers denominated “Aids”, the tenure of their office is, during the pleasure of the officer for the time being, in whom the power of appointment to said office is vested by the Constitution. And this pleasure by a well known and established military usage, the existence of which is recognized by the Legislature in the Statute of March 21. 1821. Chapter 164, Section 2 is considered as determined by the promotion, resignation or removal of the particular officer, by whom the appointment was made. Nor are we aware of any legal principle, or Statute provision, prescribing a different tenure of office from that of during pleasure, to other classes of staff officers appointed and commissioned in the same manner with Aids. Such is the tenure of office of the highest Staff officers, the Adjutant General, not expressly by the Statute regulating the Militia, but buy the General provision of the Constitution. But in these cases the promotion, resignation, or removal of the Officer making such appointments, does not operate to render vacant the several staff officers, with the power of appointing to which he was vested. Nor is it believed to be in accordance with Military usage to dismiss such Staff Officers without any alleged misconduct on their part, or without hearing or trial before a Court of enquiry, or court martial.

With great respect,

We have the honor to be Sir,

Your most obedient servants

Prentiss Mellen,

William Pitt Preble,

Nathan Weston, Junior

The Governor of Maine

Portland