The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-03

Jensrson D.vis's Assumption or Power
General Scott Right.
from the National IntelligeDcerl
Seeing by the public prints that there question Of
Rotary OF War IT may not be unnterestng determine
by reference to law and regulations the Official relation
when me parn as; pear 70 me military
ects placed under the control Of the Secretary Of
Over matters so it cannot be doubted that he
has been fully Invested with authority by Congress
which body under the constitution OF the United States
is alone empowered TO make rules for the and
regulation OF the army to make rules concerning cap
tues by land and water and to raise and support ar
mics In relation to all those matters laws have been
passed. but nowhere has the Secretary of War been
ed with military rank otherwise given authority to
issue military commands.
The functions imposed upon the Secretary Of War by
perly belong to the head Of executive department..
Besides those laws, the act creating the Executive De-
he resident Of the Hntss states from %s t. ms to
epon entrust TO the Secretary Of War such duties
missions to the land naval forces, ships warlike
stores Of the United States such other matters re-
ecng military or naval affairs as the President Of the
United States shall assign to said department"
Now under this gene al authority II Is perfectly clear
that the President cannot by general Instructions, en-
trust the Secretary Of War with the power to issue mill
s Because the Secretary War has not clothed
authorized 10 make rules for the and reguia
ton of the amy; and rank is the principal means Of
military government.
q
OF the of War In no other manner invest him
with the powers or functions of military commander
all officers OF the to subscribe the rules and articles
Of war.
imposed upon the President himself the office Of
nander Of the army and navy and the act of
l8s therefore In authorizing the President to entrust
certain duties connected with the military establishment
to the Secretary OF War could only refer to functions not
belonging to the constitutional Office of commanderin-
chei for that Office is personal Office. 1t Is much
the veto power the of repreve and pardon the
constitutional mandate that all officers Of the United
States shall be commissioned by the President however
legally appointed or the Presidents duty to take care
that the laws be faithfully executed.
There are however mary important duties connected
with the raing OF troops, the support and supply Of
troops the custody Of records the manufacture and
Of warke stores the keeping Of exact and regular
ton of estimates, &c, which Congress has sometimes en-
used to the President alone, sometimes to the Secre
ec1eay Those various duties have been imposed by
Congress the President the chief executive of the
ynion and unless the terms Of specific act Of Con-
perform the duty he may under the act Of 1850 entrust
such functions to the Secretary Of War. Not So how
ever with military commands The Presidents Office Of
military commander is imposed upon him by the const
tuition He cannot divsst himself of the functions
assigned to it by law Congress deprive him Of
his powers "f1st General Of the Conederacy." As
such be issue orders within the rules and articles
established BY Congress for the of the array
but neither those rules ana articles any other law
make the Secretary of War military commander, tho
President cannot make him such, entrust to him by
chief.
the pretenion then. be up that the Secretary Of
Wsr may unless specially directed by the President
the United States according to the nature of the case
review specific military acts of military commanders,
I term az hel or otherwise exercise
the President such pretension is most clearly usurpa
lion OF authority it is usurpation, too in violation
Of the general regulations Of the army which, speaking
in the name Of the Pfsident specifically declare: The
military establishment is placed under the orders Of the
Major General commanding in. chief in all that regards
control. larra
ments properly belong to the administrative departments
Of the star and to the treasury department under the
regulations Of the army, l841.
The Shortest ana Easiest Route to the Pacific.
THE RESULT OF LIEUT.. PARKEs SURVEY.
We learn from the San Antonio Trdn that the 9th
inst arke Of the United States Typographical
Engineers with bis surveying party arrived in that city
from the west by the Paso road The party consisted
Of Lieutenant John G. Parke Uued States Typographical
Engineers, commanding A. H. Campbell, Civil Engineer;
N. II. Hutton H. Gustav Assistants; G. G. Garner AS
tronomer DR.. Antiseil, Physician and Geologist
Of the survey and Its results Our readers will DO glad
learn that the survy the route examined to be the
shortest and easiest route to the Pacific.
This party has been in the field actively engaged since
I'D November 1854 From that date till the close of May
last they were engaged in California On the 28h Of
May they left San Diego and reached the Rio Grande at
Fort Fillmore on the 9th Of August having spent
the interval in the examination Of that extensive and
most desert country which borders the ella.
In agricultural view II may BIO called DESERT for
excepting the land the ella bank at the Pimas villages
the valley oil the San PEDRO, scattered
lated patches occurring about the large springs Of water
the road for than 800 miles over an elevated table
land Of unmitigated sterility
Lieut.. Pake the first Of the surveying officers in
the field under the grant made by the last Congress for
the purpose Of finishing the surveys necessary to
pe'e the various lines for the Pacific railway, and
porting TO Congress the result Of his abors He was d.
rtctcd to examine for suitable road in Southern Cali
s 1M Ma 81 osy 70 gs And
the parallel of 32e east Of the last mentioned mountains
had been to great extent surveyed previously by Lieut.
animation but directed to examine certain points
the line between the Pimas villages and the Rio
Grande the result Of which has been the exploration OF
the San Pedro river and thorough examination
and reconnaissance OF the country Immediately south
Of the ella, ana included il the "Gadsden purchase"
Here, as well as in California many new topogra
phcal discoveries have been ascertaned and as far
as railway along this route is concerned, the in
formation obtained may be considered complete and
conclusivc and In fact proves that the line examined
(near parallel 81 the shortest and easiest
sa gao no cam % se being no
ronte and by avoiding Tuscan and striking for the Gia
which receives the San Pedro the long and dreaded or
nada OF ninety miles may be avoided Even a wagon
and emgrant route this proposed and travelled
by Lieut. Parke in this expedition will distance and
fatigue to animals grass and water is TO be had
Cooks trail"
BY proceeding almost due west from Cooks Springs BY
Oo dc vaca series Of valleys running north south
Is reached bounded by short ranges which can be ira
yelled round these valleys locking round into each other
struck where the fertile little valley OF the San Pedro
he Pho Chquito Of the Apaches) meets that river; in
this course every mountain range is avoided and
try toleraby well supplied with gramma grass is ira
yelled over,
By adopting this as the railway route all tunnelling
might be avoided by adopting the precautions necessary
to supply large trains. Farther south than this IL the
desert country Of Tucson and the elevated land Of
Guadalupe Canon; and north Of the ella is mountain
sterile trac that nature has here provided
belt Of land and almost as level prairie for the
horse When this contrastcd with the other routes
Its advantages are at once apparent Thus selecting
three Of the most practicable routes viz. =
j. That Of the 4lst parallel, the Mormon route,
which from the Platte river the plains the
South Pass thence TO Salt Lake thence the Great
Basin to the Sierra Nevada and into California the Sa
cramento river 10 Benica.
q That of the 56th parallel Rusk's route, which
passes from Fort Smith TO Albuquerque the Rio
Grandc thence the Rocky mountains the Colorado
river and DESERT and the southern end Of the Sierra Ne
vada 10 Los Angeles AND San Pedro in Calf rpia