The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-03-05


tive TO his interview with the president on the 23d
of February
The president asked me II | rscollected the con-
versaiion had with him when first took com
maDd OF the department, in reference to the
strength of the garrison of Washington, and the
general disposition Of troops In this department..
To which answered, did not recollect It dis
tincily. He asked me II there had been any
changes. replied there had been no material
changes, but such as had been | could state al
once. then went on to state that ak companies
of the 10Th infantry had been brought here to win
ter but that that had been Offset by detaching four
companies OF the 18th infantry 10 Chsrlest0n on
the requisition OF Gen. Canoy that two compa-
MES Of the l4th artillery, which had been detached
during Gen. Canby's command OF the department.
one Of them to the northern frontier, TO assist ia
putting down the Fenian difficulties, had been re-
turned TO their regiment, stationed at Fort Nc
Henry Baltimore that though the command had
been increased in number of companies, was
under the impression that the reduction Ia the
merical strength Of the command, growing out Of
the number which reduced the infantry aud srtil-
lery companies from the maximum OF the war
establishment to the minimum Of the peace estab-
lishmeDt, was more than Offset BY the gain of the
additional companies.
The president said: refer to more recent
changes"
Ireplied that there had not been any made to
my knowledge that II he would give me some
idea OF who had made the report to him or what
the report was which he had received could per-
haps give him q more definite answer.
fIe said reports had reached him that within the
last day or two certain new arrangements OF
troops had been made.
/ assured him none had been made with my
knowledge, and l did not believe any had been
made without il. That under the recent orders,
founded upon the laws Of Congress, for the gov
eminent OF the armies Of the United States, ap-
proved by him. no order could come TO me ex-
cept through Gen. Grant, and that reasoning from
analogy it was assumed 10 the army that no order
could be given to any one under my command
without coming through me that il by any pos
sibility an order had been given without coming
through me il was the duty Of the officer receiy.
ing il 70 notify me.
lie then asked me, what order do you refer TO ,
stated referred 10 order No. Is or H. | could
not recolect which, that had been published to
the army some time in May last.
He said, | wish 10 see the order.
replied that would send for it.
He said. no, have all the orders about the
house, and messenger was sent for it,
At that time Col. Cooper came In, and occupied
the presidents attention for some time upon an
other subject, as supposed, for withdrew to the
came in and brought the orders. After Col.
Cooper had gone out. returned to the president
with this order in my hand, and said Nj. Pres
ident, viii take il IS great favor II you will
act. 1t was passed in sn appropriation bill, and
it Is possible you may never have seen it, he
took the order aud read It, and observed, this is
not in accordance with the Constitution Of the
United States, which makes me commanderin-
chief Of the army and navy, nor with the language
Of the commission which you hold.
I stated TO him that i was not matter for
officers t. determine, II was an order sent to IA
approved by him and we were all governed BY
that order.
Ouestion-Do you mean that the order or the
act was approved by the president, A. mean
the act; but as far as that was concerned the
order and act approved by him the same
thing for the order contained nothing but the act.
He said: Am TO understand that the president
OF the United States cannot give an order but
through the general in chief or Gen. Grant,"
replied, Mr.. President that is the order which You
approved and which has been issued for the gov
eminent Of the army, and think 1t due to you to
say that when this order FIRST came out 10 was very
much discussed In the army, and some leading
lawyers of the country we're consulted as to what
was the duty of an officer under that law; aud
observed one was consulted land consider him
perhaps one Of the greatest constitutional law
yers In the country who gave il as bis very de-
cided opinion that we were bound by IL; and
think il right to tell you that this subject the
army is q unit. He ssked me who the lawyer
was. j told him the one consulted was kins-
Inan Of mine (Robt. j. Walker,) and had under
stood, though did not know OF my own kLowl
edge, others had consulted Reverdy johnson, who,
1t was reported, held the same opinion. The
president, 90 The object OF the Law is very evil
dent"
After q short pause. seeing there was nothing
more to cay, thanked him for the courtesy with
which he had permitted me to express my opinion,
and left the house.
Question-Did the president In any form inquire
whether you would obey an order II sent to you
without going to the headquarters Of the general,
Answsr-As nearly as / can recoIlect, there
was not word said that have not put down,
though OF course could not swear that had pat
down every word uttered. You may see by my
testimony, l myself introduced the subject OF
order No. IL, which involves this question. There
was q variety Of rumors running about to en that
General Thomas had given orders or had declared
he was going to give orders. thought il my
duty to state the situation fairly and sqaarely 70
the president.