The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1868-03-06

companies Of the 18th Infantry to
Charleston, on the requisitiOn of Gen.
Candy: that two companies of the 4th
Artillery which had been detached dur
ing Gen. Canby's command OF the De
partment one of them to the Northern
frontier to assist in putting down the
Fenian difficulties had been returned to
their regiments, stationed at Fort Me-
Henry. Baltimore that though the
command had been increased in the
number of companies, | was under the
impression that the reduction in the
numerical strength of the command
growing out of the order which reduced
infantry and artillery companies from
the maximum of the War establishment
TO the minimum of the peace establish
ment, more than offset what was gained
by the additional companies.
The President said, - refer to more
recent changes"
| said ! did not know exactly what he
referred 10 by recent changes that none
had been made to my knowledge: that
if lie would give me some idea who had
made the report TO him or what the re-
port was, which he had received. ] could
perhaps give hima more definite answer.
He said reports had reached him that
within the last day or two certain orders
and new arrangements OF troops had
been made with my knowledge and that
| did not believe that any had been
made without my knowledge that under
the recent orders founded on the laws Of
Congress for the government of the
armies of the United States, approved
by him, no order could come to me ex-
cept through Gen. Grant, and that rea-
-
the army that no order could be given
to any one under my command without
coming through me: that if by any pos
sibility an order had been given with
out coming through me it was the duty
Of the officer receiving it Immediately
to notify me. He then asked me 81 What
order do you refer to ~ stated that |
referred to order No. l. or Il. / could
not recollect which, that had been pub
lished To the army sometime in May
hast. He said: " wish to see the or
dcr?' l replied To him that [ would
send for it, He said: No. | have al
the orders about the house and "a mes
sengcr was sent for IT,
At that time Col. Cooper came i'm and
occupied the Presidents attention
for some time upon another sub
ject, n | supposed, Tor | Withdrew to
the other end ofthe room. While there
the messenger came and brought the
order.
After Col. Cooper had gone out. l re
turned to the President with this order
in my hand and said: Mr. President
| Will take il a. "A great favor if YOU viii /
permit me To call your attention to this /
order or act. II passed in an appropria
ton bill, and ii is possible thing yOu 4
may never have seen it,
He took the order and read it. and OBJ 4
served, ''This is not in accordance with /
the Constitution of the United States, /
which makes me Commander-in-Chi (
Of the Army and Nay, or with the Ian
guage of the commission which / hold. ~ /
] stated to him that that was not IA /
matter for officers to determine There /
was the order sent To Us, approved by 4
him, and We were all governed by that /
order. But a. far a. that was concerned, 1
the order and the act approved by him /
are the same thing. for the order con-
tanned nothing but the act. He said. /
% Am | to understand that the President /
of the United States cannot give an or /
der but through the General-in-Chiefl
or Gen. GTantY'
replied; Mr.. President, that is the
order of which you approved, and which
mas been Issued Tor the government OF /
the army. and think ii due to you to
say that when this order first came out /
it was very much discussed in the army
and some Of the leading lawyers of the
country We're consulted rs 70 what the
duty Ofan officer was under that law
and orders, and | observed one of them,
whom | consulted, and | consider him
one of the greatest Constitutional law
yers in the country, gave IL as his very
decided opinion that We are bound by
it. and / think it right To tell YOU that
on this subject the army is unit
He asked me who the lawyers we're
| told him the one / consulted was
kinsfolk of mine, Robert J. Walker.
and that | had understood. though | did
not know Of my own Knowledge, that
others had consulted Mr.. Reverdy
Johnson, who, it is reported held the
same opinion.
The President replied The object Of
the law IL very evident
After IA short pause, seeing there was
nothing more To say, thanked him for
.he courtesy with which he he had per
mitted me 10 express my own opinion
and left the house.