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ty-nine killed, one hundred and seven wounded, and thirty-four missing; the names and companies to which they belong, in detail, will more fully appear in the accompanying lists and abstracts. Among the incidents of the engagement my command took several prisoners, among whom was Lieutenant-Colonel Boone, of the Mississippi regiment, taken personally by Mr. Irvine, of my regiment; and since said prisoner's confinement in the Capitol at Washington city, Mr. Irvine, in company with Hon. Morton S. Wilkinson, United States Senator from Minnesota, visited him, when he promptly recognized Mr. Irvine as his captor, and thanked him very cordially for his humane treatment and kindness to him as a prisoner. I deem it but just that this fact should be officially known, as Lieutenant-Colonel Boone was an officer of the highest rank taken in the battle. The humble part which I have performed as an officer commanding one of the regiments of your brigade, individually and otherwise, is now lef
oned by Congress, who indemnified him for its exercise, and the solemn decision of the Supreme Court, before mentioned, pronounced thirteen years since, and never afterwards questioned by that or any other tribunal — rather than by the authorities relied on by the Chief-Justice, that is to say, a clearly extra-judicial observation of Chief-Justice Marshall, a mere doubt of Mr. Justice Story, an alleged doubt of Mr. Jefferson, nowhere, however, proved to have been felt, of the legality of Gen. Wilkinson's conduct at New Orleans in 1807--conduct in fact approved by him, and not disapproved of by any Congressional legislation — a commentary on the English form of government, a Government resting as to nearly all its powers upon usage and precedent, or to the otherwise unsupported authority of the Chief-Justice, and especially when, as in this instance, he seems to have departed from or forgotten the doctrines he maintained in the case in Howard. If with the opinion the President now is