The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-03-25

Washing ton, and all orders and instructions
relating to military operations issued by the
President or Secretary of War shall be ISSUED
through the General of the Army, and, in
case OF his inability, through the next in rank.
The General of the Army shall not be re-
moved, suspended, or relieved from command,
or assigned to duty elsewhere than at said
headquarters, except 1T his own request,
without the previous approval of the Senate {:
and any orders or instructions relating 10
military operations issued contrary to the re-
quirements of this section shall be null and
void and any officer who shall Issue orders
or instructions contrary 10 the provisions of
this section shall be deemed guilty OF n mis-
demeanor in Office: and any officer of the
army who shall transmit, convey, or obey
any orders or instructions so iSSned contrary
to The provisions of this section, knowing that
such orders were so issued, shall be liable TO
Imprisonment for not less than two nor more
than twenty years upon conviction thereof in
any court OF competent jurisdiction.
"Approved March ., 1867.
..By order of the Secretary of War
"E. u. TOWNSEND,
" Assistant Adjutant- General.
"OHicial:
Assistant Adjutaut- General
"a. G. o., No. H.
General Emory not only called the attention
OF respondent 10 this order, but 10 the fact that
IL was IN conformity Will IL SttIlOH COHLdlHe'l
in an appropriation act passed by Congress.
Respondent, after reading the order, OBJ
served, "This IS not in accordance with the
Constitution of the United States, which
makes me commander. in. chief OF the army
and navy or of the language of the commits
sion which You hold General Emory then
stated that this order had met respondents
approval. Respondent then said, in reply, in
subs tanrr, " Am 10 understand that The Pre-
sideut of the United States cannot give IN or
l.. 49,. 4 of a
neral tiraut?" General Emory again reite-
rated the statement that it had met respond
cnl'S approval. and that IL was The opinion OF
some OF the leading lawyers OF the country
that this order was constitutional, win some
further conversation. Respondent then in
uuirpd the names of the lawyers who had
given the opinion. and he men TONED the names
OF two. Respondent then Said that the OBJ
iect of the law was very evident, referring 10
the clause in the appropriation act upon
which the order purportcd To be based. ms,
according to res pondentS recollection, was the
substance Of the conversation had with Gene
raj Emory Respondent denies that any allie
cations in The said article OF any IN
strrictions or declarations given 10 the
said Emory then or II any other time,
contrary 10 or in addition 10 what Is
herein II" fore set forth, are true. Respond
eut denies that in Stid conversation WIN
said Emory he had any other intent imam 10
express the opinions then given 10 the SAID
Emory nor did he then or at any time request
or order the said Emory 10 disobey any law, or
any order issued in conformity with any law,
or intend 70 otter any iuduccment TO the silid
Emory TO violate any law. What this re-
spondcnt then said to General Emory was
simply the expression OF III opinion which he
then fully believed TO be sound, and which n"
yet believes 10 be SO, and that Is, that by the
express provisions OF the Constitution this re-
spuudrnL, :lS President, Is made The COM
mander- in chief of the armies of the United
States and rs such he is 10 be respected, and
that his orders, whether issued through the
War Department or through the Gencral-n-
Chief or hy any other channel of COmmunl
cation. are entitled 10 respect and obedience,
and thal such constitutional power cannot be
taken from him 10y virtue OF amy act Oi Con-
.rpsS Respondent doth therefore, deny that
Dy til" expression OF such opinion he did com
init, or was guilty Of u high miSdcmcauUr i'll
Office : and this respondent doth further say
that the said actic." ni0. lays no foundation
whatever for the conclusion stated in the SAID
article, that the respondent, by reason OF the
allegations therein contained, was guilty Of
high mi>tlcmrauUr i'll office.
LII reference 10 the statement made by Gic
neral Emory that this respondent had APP
proved Of said act OF Congress containing tn"
section referred 10, the respondent admits
that his formal approval was given 10 said act,
but accompanied the same by the following
message, addressed and sent with The act To
The House OF Representatives, in which House
the said act originated, and from which ii
came 10 respondent:
ia he HouSe If Representatives.:
"rhe act entitled An act making appropri-
atous for the support Of The army for the year
ending une .i0th. lstS, and for other purposes,
contains provisions 10 which must call attcn-
Lon. These provisions are contained i'll the
second section, which III certain cases rirtu-
ally deprives the President OF his constitution
I'll functions rs commander in chief of the
army and III the sixth section which denies
10 ten States of the Union their constitutional
right To protect themselves, IN any emergency,
by means of their own militia. These pro-
visions are out OF place in an appropriation
act: but | am compelled 10 defeat these ne
cesSarv appropriations il withhold my sigma
turr from the act. Pressed by these conside-
r;ltionS, l feel constrained TO return the bill
with my signature, but 10 accompany II with
my earnest protest against The sections "hlch
l have indicated.
UuN.ingtDn, u. e., March >, 1867"
Respondent, therefore, did no more than TO
express to said Emory the same opinion which
he had - expressed to the House OF Repre-
scntatIIeS.
ANSWER TO ARTICLE Y.
And III answer to the tenth article and speci
ficatious thereof, the respondent says that on
the l4th and 18th days OF August, in the year
1866, Il political convention of delegates from
All or most of the State and Territories of the
Union was held III the city of Philadelphia,
under the name and style Of the National
Union Convention for the purpose OF main
tanning and advancing certain politlcal views
and opinions before the people Of the United
States, and for their support and adoption IN
the exercise Of the constitutional suffrage IN
the elections of representatives ana delegates
in Con gress which were soon TO occur in
many OF the States and Territories OF the
Union which said Convention, in the
course of its proceedings, and in fur
Ihrrance of the objects of the same,
adopted Il :" declaration OF principles
and an "addreSs 10 the people OF the
United States and appointed Il committee OF
two of its members from each state, and OF
one from each Territory, and one from the
District OF Columbia, TO wait upon the Presi-
dent of the United States and 10 present TO
him Il copy OF the proceedings vi the Conyen-
ton; that on the eighteenth day OF said
month OF August this committee waited upon
the President of the United States in the EX-
ccutiye Mansion, and was received by him in
one of the rooms thereof; and by their chair.
man, the Hon. keverdy Johnson, then and
now Il senator of the United States, acting ana
srea king in their behalf, presented 4 copy OF
the proceedings of the Convention, and ad-
dressed the President OF the United States III
n speech, of which Il copy according TO Il pub
lishcd report Of the same, and, aS the re-
spondent believes, substantially correct re-
port1 is hereto annexed rs part OF TINS an
swer and marked Exhibit &. That there
upou, and III reply TO the address OF said com
mittee by their chairman, this respondent
addressed the said committee 50 waiting
upon him in one of the rooms OF the
Executive Mansion; and this respondent
believes that this his address lo sad
committee is the occasion referred 10 II
the first specification of the tenth arucie
but this res pondent does not ADMIT th;lt INT
passages therein set forth, rs II extracts from
a speech or address OF this respondent upon
said occasion, correctly or justly present MS
speech or address upon said occasion, but, on
the contrary, this respondent demands and in
sists That if this honorable court shall deem
III. said article and the said first specification
| thereof TO contain allegation of matter coz
njZable by this honorable court rs high mis-
demeanor III office, within the intent anC
| meaning of the Constitution of the United