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and seventy-nine of the general laws of eighteen hundred and ninety-eight, entitled 'An Act in relation to enrollment. for political parties, primary elections, conventions, and political committees,' relative to the enrollment for and holding of primary elections".

GIVEN under my hand and the Privy Seal of the

State at the Capitol in the city of Albany this [LS] twenty-seventh day of April in the year of our Lord one thousand eight hundred and ninety

nine.

By the Governor:

WM. J. YOUNGS

THEODORE ROOSEVELT

Secretary to the Governor

CERTIFICATION OF THE NECESSITY OF THE

PASSAGE OF SENATE BILL No. 1496, TO
ESTABLISH A SEPARATE DEPARTMENT OF
ELECTIONS IN NEW YORK CITY

STATE OF NEW YORK

TO THE LEGISLATURE:

Executive Chamber

It appearing to my satisfaction that the public interest requires it;

THEREFORE In accordance with the provisions of section fifteen of article three of the Constitution and by virtue of the authority thereby conferred upon me, I do hereby certify to the necessity of the immediate passage

of Senate bill number 1496 (being Assembly reprint number 1697) entitled "An Act to establish a separate department of elections in the city of New York".

GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this twenty-seventh day of April in the year of our Lord one thousand eight hundred and ninetynine.

[L S]

By the Governor:
WM. J. YOUNGS

THEODORE ROOSEVELT

Secretary to the Governor

CERTIFICATION OF THE NECESSITY OF THE PASSAGE OF SENATE BILL No. 1399, RELATING TO CITIES OF THE SECOND CLASS

STATE OF NEW YORK

TO THE LEGISLATURE:

Executive Chamber

It appearing to my satisfaction that the public interest requires it;

THEREFORE In accordance with the provisions of section fifteen of article three of the Constitution and by virtue of the authority thereby conferred upon me, I do hereby certify to the necessity of the immediate passage of Senate bill number 1399 (introductory number 630 and Assembly reprint number 2449) entitled "An Act to amend chapter one hundred and eighty-two of the laws

of eighteen hundred and ninety-eight entitled 'An Act for the government of cities of the second class '".

GIVEN under my hand and the Privy Seal of the

State at the Capitol in the city of Albany this [LS] twenty-seventh day of April in the year of our Lord one thousand eight hundred and ninetynine.

By the Governor:

WM. J. YOUNGS

THEODORE ROOSEVELT

Secretary to the Governor

MEMORANDUM

APPROVING FINDINGS OF

THE COURT OF INQUIRY IN THE CASES
OF OFFICERS OF THE SEVENTY-FIRST

REGIMENT

STATE OF NEW YORK

Executive Chamber

Albany, N. Y., April 27, 1899

At the outset, I desire in the strongest manner to commend the admirable work done by the Court of Inquiry. It would be impossible to speak in too high terms of their fearlessness and impartiality. The senior field officers of the Seventy-first discredited their regiment, and therefore by just so much discredited the American volunteer service, by their actions at San Juan; but it must be remembered to the lasting credit of the American volunteers that it was left to three of their number to punish this wrongdoing when the regular army had signally failed to punish

it. If the Seventy-first regiment had been treated as the Sixth Massachusetts was treated under similar circumstances in Porto Rico, that is, if the offending field officers had been at once removed, the whole trouble would have been avoided and a very great service conferred upon both the army and the regiment itself. The trouble in the Seventy-first was a matter of common notoriety in the Santiago army, and after General Kent made his report there was no excuse whatever for failure to take decisive action.

In any war where large numbers of volunteers are called into the service, the greatest danger to the country at large lies in the fact that very many men by the exertion of various influences get commissions which they are wholly incompetent to bear. They eagerly grasp at high regimental rank when they are utterly without the training necessary to the proper performance of their duties, or else, though very possibly men of amiable character in their domestic. relations and of exemplary conduct as regards their civic and social duties, yet lack the fighting edge without which no man is competent to do good soldier's work. There is absolutely no way to prevent men of this stamp from obtaining positions in which they may jeopardize the welfare of the country and disgrace the country's flag, save by making them understand that they will be held to a sharp and rigid accountability for failure to perform aright the arduous and difficult duties of the vitally responsible positions which they have sought with such thoughtless eagerness. The higher the man's rank is, the greater is his chance to win distinction and do honorable work, and the greater also must be the blame that rightly attaches to him if he is guilty of failure or shortcoming; especially

if his failure or shortcoming be tainted with lack of courage, the soldier's cardinal virtue.

In this case the facts are perfectly clear. The Seventyfirst, with two regular regiments, composed Hawkins' Brigade which led the advance of Kent's Infantry Division in the San Juan fight of July 1st. The brigade marched down the narrow jungle road toward the San Juan River. Before reaching it the Seventy-first was ordered into a trail which struck the river to the left of the road. According to Colonel Downs' own testimony, General Kent's orders were for him to take his brigade to the left along this trail until his right reached the ford of the river and then to deploy, it being uncertain whether he would meet the Spaniards on the hither or the further side of the road. Instead of obeying these orders, Colonel Downs marched the regiment along until its head - that is the left struck the ford, when it recoiled, and he then halted it and kept it lying down, partly in and partly on both sides of the trail, in an irregular column of twos or column of files. It is unnecessary to allude to the absurd pretense that this retrograde movement was a deployment. When the regiment halted, General Kent told one of the rearmost officers, Captain Austin, that he wanted the regiment to go forward; that if it could not go forward then he would find other regiments that would go. Captain Austin took no steps to inform Colonel Downs of what General Kent had said. Soon afterwards General Kent sent orders to Colonel Downs to move forward. These orders were passed up along the regiment from officer to officer until they reached Colonel Downs who sent back word that the regiment could go no further. At this time the two other regiments of the brigade had crossed the San Juan River

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