Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-10-26
WASHINGTON NEWS AND GOSSIP.
Gen. Scott and the War Dep artment.-Tho

OOHSIOFeley Win the w ar DepaItuon" give
them degree of Importance TO which other
wise they would not have been entitled, in
view of the fact that the country is well aware
that the gallant old soldier is prone to getinto
sauabbles about his personal rights and those
of his official position, in which he cannot sus-
tain himself, because his positions are ridicu-
lous. All the world remembers the soup-let-
ter affair, in which he forced on the Depart
ment an alteration wholly personal to himself,
wherein he cut sorry figure indeed-a figure
in which he became public laughing stock,
to the modification of nearly all who were his
sincere friends. Though perfectly aware of
his constitutional weakness, we feel for him all
the respect, and, in him, all the confidence due
to his distinguished public services Those
services, however, do not justify him in really
seeking to merge the army in himself which
is the sum and substance Of the very last
"kink' or crotehet that has erept into his
brain.
According to the article in yesterdays In
ts!ltgencer (Which from beginning to end bears
his earmarks, many of its expressions being
peculiar to bis style, and to his style only,)
the Secretary of War is without legal RICH,
to exercise control over the personnel of the
army. The General states his allegation as
follows:
The functions imposed upon the Secretary
Of War by law are all Of an administrative
character, such as properly belong to the
Head of an Executive Department. Besides
those laws, the act creating the Executive
Department CT War, approved August 7,
l1o9, authorizes the President Cf the United
States. from time to time, to enjoin Oh
or entrust to the Secretary If War such du-
ties, 'Ggreeabiy 10 the Constitution, relative
to military commissions, or TO the land or naval
forces, ships, or warlike stores Of the United
States, or such other matters respecting mill.
taTy or naval affairs as the President Of the
United States shall assign to said Department
Now, undor this general authority, it il
perfectly clear that the President cannot, By
general instructions, entrust the Secretary Ct
War with the power to issue military com
mands:
The military establishment is placed
under the orders Ct the Major General con-
handing in-chief in ell that regards its disci-
pline and military control. Its fiscal arrange
meIts properly belong to the administrative
departments Ct the staff and to the Treasury
Department, under the direction Of the Score.
tons Of the Armu l041.
The offence Of the Secretary of War is, tia,
he refused to approve the act Of Gen. Scott in
extending to Brig. Gen. Hitchcock leave Of
absence for time longer than he (the Secre-
tary) thought the exigcGcics of the public SER
vice would warrant-Gen. Ii. being engaged
in writing work on a subject in no manner
connected with his professional duties.
We state above-frst, Gen. SCOTS ideas Of
the duties and rights of the Secretlry's posi-
ton; and next, the occurrence wherein lie
(Gen. Scott imagines that the Secretary has
overstepped the boundaries Of his official pro-
vince and authority.
On this subject we have to call the Iutelkf-
gsncsr'S attention to facts, as follows
First. That the President is, by the Consti-
tuition, the cOmmander-in-chief Of the armies
Of the United States
Second. That by tho act organizing the War
Department, the President has power to en-
trust to or enjgin on the Secretary of War any
duty in relation to the land forces which be-
longs to his office, and which he may require
the Secretary to perform.
Third. That by the decision Of the Supreme
Court, the orders issued by the Secretary Of
any Department are to be considered and
treated as emanating Immediately from the
President.
Fourth. That there is no more necessity for
the Secretary Of War to have military rank
than for the President himself; and that both
arc bound by the rules and articles Ct war, IS
part Of the laws Of the Land, which they arc
officially bound 10 execute.
Fifth. That no other Commander -in-chief Of
the armies of the United States than the Pres
ident ever existed, save and except General
Washington, on whom such power was spe-
cially conferred by Congress
Sixth. That up to this time the power Eau
thority) Of the Secretary Of War to control the
officers of the army was never disputed until
this occasion.
And Seventh. That General Scott has al
his (cficiaD life up to this time, been obeying
just such authority Of the Secretary Of War
which be now il sists is an alleged assumption
Of power.
but the orders Ct the President, which he may
at any time, revoke or modify at his discrc
tion. As question of power or right, it is,
therefore, unnecessary to show that the article
of the general regulations cited by General
SOFT does not warrant the conclusion which is
attempted to be drawn from it. 1t is exceed
iDgly disagreeable to US to discuss such sub
jects, as vs. dislike controversy beyond nc asure
But the httelEgeneer having given Importance
to this last bubble Of the Generals imagina-
tiOn-that Of his entire and supreme control Of
the Army, under the mistaken notion that lie
is by law the COmmander-in-C Chief (ratLcr
than the Lieutenant General Of the seryice)
of the armies Of the United States-we are
provoked to let the wind out Of it, as We have
done above.