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empowered them to displace or supersede such Officers.

   By an Act of Congress of the 28th day of June 1779 it was ordered that when ever a vacancy should happen of a Commissioned Officer in any Regiment, that Notice thereof should be given to the Executive Authority of the State, to which such Regiment belonged by the commanding Officer of such Regiment to the end that a proper person be appointed to fill such vacancy.  No such notice, with respect to me, was ever given by the commanding Officer of the Regiment _  it could not be given.

5 Vol. page 444 Decem 6, 1779