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State of Maine.

Executive Department

August 28. 1822.

Gentlemen,

In conformity to the third section of the sixth article of the Constitution of said State, I request your opinion upon the following questions of law, arising upon the construction of said Constitutiion; they being question which it is now particularly important to the Militia of this State to have finally settled by the highest authority. 1st Are Division Inspectors, Division Quarter Masters, Brigade Majors, Brigade Quartermasters, and Adjutants and Quartermasters of Regiments and Battalions, Staff Officers within the meaning of the third section of the seventh article of the Constitution of this State; and if so, do the persons holding those offices cease to be staff Officers in consequence of the resignation, promotion or removal of the officers who apppointed them? 2nd Upon the resignation of a Major General, does the third Section of the seventh article of the Constitution authorize his successors to make new appointments of Division Inspector and Division Quartermaster, to the exclusion of the Officers who held those commissions at the time of the resignation of the Major General?

An Early reply will greatly oblige

Your Humble Servant

Albion K. Parris.

To the Hon: Justices of the Sup. Jud. Court of the State of Maine

Augusta, September 18, 1822.

Sir,

Your letter of the 28th August last, proposing certain questions to the Justices of the Supreme Judicial Court, relating to the tenure of certain Offices in the militia, has received all that consideration which the pressure of official duty during the fall circuit we are now holding, will admit.

In answer to the questions propounded by you, we have the honor to state, that we are of opinion, Division Inspectors Division Quartermasters, Brigade Majors, Brigade Quartermasters, and Adjutants and Quartermasters of Regiments