The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-03-05
From the Chicago Times.
The Obligation of Military officers tc
Obey Unlawful Orders.

The Obligation of Military officers tC
Obey Unlawful Orders.
Gen. Meigs, in response to certain ipquir.
les OF the Senate committee for inv esti gazing
the frauds in the chartering Of transports
gave his opinion respecting the duty Of sub.
ordinate officers to obey illegal orders, which
we here append:
4 should ada that in my opinion neither
the Secretary, President, or any other officer
can legally compel a subordinate officer tc
obey illegal orders. The obligation of ODE.
dience is obedience of law full orders of su.
perior. in the military as in the civil service
The Supreme Court has decided that mill
taFy officer cannot justify himself for CON-
mitting any unlawful act by pleading the
command of his superior officer
The circumstances eliciting this opinion
from the General were the inquiries pro
posed by the committee as to his having in
obedience TO the orders Of the Secretary OF
War, transferred business properly belonging
to the Quartermaster's Department to John
Tucker. Assistant Sec retary ofWar. While
as can be readily seen from the Generals
letter, he had grave doubts Of the right OF
the Secretary to order such a transfer, the
General waived the question OF the lawful
ness of the order and obeved it. Wheth er
he did right or wrong in so doing is not our
present purpose to inquire. We wish to get
at the correctness of The opinion given as to
the duty of subordinates in obeyiDg unlaw-
ful orders.
The Senate committee say, with reference
to the transfer of the business from the
Quartermaster's Department to Tucker, that
'it can Leitber be justified upon principle
nor by its results, thus plainly indorsing
the opinion of Gen. Megs. Ii a subordinate
officer is under obligation to obey an unlaw-
full order, certainly Gen. Meigs conid justi-
fy the transfer upon principle. Here, then,
we have the opinion of one of the oldest
officers in the service; the opinion of the
Supre eme Court; and the opinion of the Sen
ate Investigating Committee, majority of
whom were abolitonists with Senator
Grimes at their head, coinciding, that sub
ordinate officers are under no obligation to
obey unlawful orders. In other words. an
unlawful order is no order.
The Legislature of Kentucky few days
since passed, with but one dissenting voice,
a resolution requesting the restoration to the
service of Col. John McIIenry. who had
been dismissed for returning fugitive slaves
to their owners. His regiment was infested
with runaway negroes, which he did not
wish to be burdened; neither did he wish
the Government to be burdened with their
SuDDOrl1 uOT ulu D0 WISH W tlCdt WIN Sob-
tempt the laws of Kentucky which made
theIharboring of them a criminal offense pun
ishable with fine and imprisonment.
1t is enough to say Of Col. McHenry, in
this conf ection, that there was not an officer
in Kentucky who had made greater sacri-
fees for the Union, who had a more bril-
liant record, or whose character in public
and private life had won greater or more
deserved confidence. He was dismissed
without hearing, in disgrace, from the
service.
In view of the Endorsement of Gen. Meigs
opinion by the Senate committee, we say
that the dismissal of Col. McHenry upor
the grounds assigned in the order for hi'
dismissal was gross outrage upon gallan
officer, and ar insult to the State of Ken
tucky-that he had not transgressed any ar
ticle of war or order issued by a superior of
fcer.
The new article of war added in Marct
last was a flagrant violation of the constitu-
ton. and therefore void. The construction
nlaced upon that article by the Presiden
was upwarranted, and while Col. McHenry
rniobt lawfully disobey both the article apt
the Presidents construction, he only dis
obeved the last, consequently the allegation
10 the order for his dismissal were false.
The bark Beuefactor, Capt Perry, which
arrived Yesterday from Yokohama (bay o
Yeddo, ,)6riugs the first cargo of teas import
ed into New York from japan since tn
opening of trade with thatcountry. Hither
to the teas and silks of japan have founc
their wav to the Atlantic States, via China
where the teas have been refined and re-
hacked. The Bcnefactor's cargo has beel
nrenared in Yokohama, with especial refer
ence To its sale in the American market, tn
firing and packing being superintended rt .
Chinese. sent to apan for the purpose In
tea of Japan resembles the finest green te
of China, known as Moyune, differing cniei
lv in this, that it is perfectly pure and ire
from all coloring matter. While the JsPa
tea is not deficient In strength, II mas oel'
cacv and softness of flavor which has al
ready made it very popular.-N. Y. Journi
of Commerce.
L. D, old and hOml