The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-03-03

@. What Is your rank and command in the
army? A. am Colonel Of the Fifth United
States cavalry, and Breret Major-General of
the United States army. My command is the
department OF Washington.
Q. Flow long have you been in the command
Of this department? A. think since the first
of September, 1867.
@. During the month of February, 1868, have
you had any conversation with the President
of the United States in relation to military
affairs or movements? A. Only one.
@. Whom was that? A. That was on Satur-
day, 22d February.
Q. Was the interview at your request or his ?
A. 1t was at his request.
@. In what way was his request communi-
Gated to you? A. have the note in my pocket.
It is letter from Colonel William G.. Moore, of
the army, marked personal"
@. Read the letter.
Witness reads as follows:
EXECUTIVE MANsIoN, WASHINGTON, d. c.,
February o. 1SG9.--Gcneral: The President
directs me 10 say that he would be pleased to
have YOU cell on him as early as practicable.
Very respectfully and truly yours.
WM. G. MOOER, U. s. A.
@. Did you call in consequence Of that re-
quest? A. did.
@. State fully and literally, as far as you are
able, what cccurreda at the interview? A. There
is nothing more difficult than 10 repeat CONVEX
sation.
O. State the substance Of it. A. The Presi-
dent asked mo if recollected conversation
had with him when I first took command OF
this department, in reference to the strength
of the garrison Of Washington, and the gene
raj disposition of thc@troops in this depart
mont. To which l replied that did recollcct
il distinctly. He asked me if there had Icon
any changes. Ircplicd that thoro had been no
material changes, but, such as there had been,
could state ut once. L then went OIL 10 state
that six companies Of the twenty-ninth in
fantry had been brought herc to winter, but
that that had been offset by detaching four
companies Of the twelfth infantry to Charles
two companics C. the fourth artillery, which
had been detached during General Canby's
command OF the department., ono OF them to
the northern frontier to assist in putting down
the Fonlan difficulties, had been returned to
their regiment stationed at Fort McHen-
ry, Baltimore; that though the command
had been increased in the number OF
that tho 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 es-
tablIshmcnt TO the minimum Of the peace cs-
adjustment, more than offset what was gained
by the additional companies The PRESIDENT
said, Il reIer to more recent changes" SAID L
did not know exactly what he referred 70 by re-
cent changes; that none had been made to my
knowledge; that if he would give me some
idea uf who had made the report to him, or
what the report was which he had received,
could perhaps givo him moro definite answer.
He said reports had reached him that within
the last day or two certain orders anu new ar
rangomcnts of troops had been made. l as
sured him that none had been lnado with my
knowledge, and that did not believe that any
had been made without my knowledge; that
under the recent orders, founded upon the laws
OF Congress- for the government OF the armies
OF the United States, approved by him, no order
could conc to me except through Gen. Grant,
and that, reasoning IRON analogy, it was u.s.
sumed in The army that no order could be gwen
to any oLo under my command without coming
through me; that if, by any possibility, an order
had been given, without coming through me,
it was tho duty of the officer receiving 1t imme-
dately to notify me. lie then asked me, "What
order do you refer to ?" 1 stated that referred
to Order No Is or II, L could not recoDeot
which, that had boon published to the army
some time in May last. He said: II wish TO
sec the order replied to hlm that l would
send for it. He said, mo, Ihare all the orders
about the house, and q messenger was sent
for it. At that time Colonel Cooper came i'll
and occupied the Presidents attention Tor
some time upon another subject, as l suppos-
cd for + Withdrew 10 the other end OF the
room. While there, the messenger came and
brought the order After Colonel Cooper had
gone out returned 10 the President with tins
ordc, in my hand. and said, ''Alr. President,
will take 1t Us great favor if you will permit
me to call your attantlon to this order or act.
Ii passed in an appropriation bill, and II is
possible you may never havo seen It," Ho took
,hc order and read it and observed: This is
not in accordance with tho Constitution OF The
United States, which makes mo Commander
n-Chief of thc army and navy, or with the
language Of the commission which you hold.
stated to him that 1t was not matter for
officers to determine; there was the order sent
to us; approved by him, and we wero all gov
crned by that order.
o. Do You mean that The order or the act
was approved by the President? a. l mcan
the aot; hut us lar rs that was concerned, tho
order and The act approved By linn are the
same thing; lor the order contained nothing
but the act. He said "Am [ to understand that
tho President of the United States cannot give
an order but through The gencral-in-chief or
General Grant?" l replied, mir. President,
that is the order which you approved ard which
has been issued for the government or the
army, and 1 think it due to You to say that
when this order first came OUT was very much
discussed in tho army, and some OF the leading
lawyers Of tho country were consulted as 10
what the duty OF an officer was under that law
and ordcr;;" and observed, "ono OF them
whom L consulted, and consider him, per-
hans, ono of the greatest constitutional lawyers
in the country. gave it as his very decided
opinlon that we were bound by it. And think
it right to tell You that on this subject the
army is Il uuit" lie asked me who The law
vcrs were. told him tho one | consulted was
n kinsfulk OF miuo, Robert J. Walker, and that
had understood, though I did not know OF
my own knowlcdg', :, that others had consulted
Mir. Reyerdy Johnson, who, it was reported,
held tho same O, Union. The President replied,
"the object Of the law is very evident" After
n short pause, seeing there was nothing moro
to say, I thanked him for the courtesy with
Which hc permitted me to express my own
opinion, and left the house.
O. Did tho President in any form, inquire
whether YOU would obey an order it it was sont
TO YOU without going through the hcadquar-
tors of the general? ~. AS nearly MS | can
rccollect, there was not word SAID that have
not put down, though l could, OF course, not
swear that had put down every word uttered;
Ycu may sec By my testimony that l myse,t
introduced the subject OF Order NO. II, Wnlch
involves this question. There were q variety
OF rumors running about town that GeneIai
Thomas had given orders, or that he had de,
cared that ho was going to give orders, ana !
Thought it my duty to state the situation 1aifiy
and squarey to tho President.
IMPEACHMENT RULES REPORTED.
Mr.. Howard, from the select committee, re-
ported to the United States Senate, on Friday,
..rulcs of procedure and practice in the Senate
when sitting as high court of impe achment."
The rules are based upon the usual rules
t,,o 1,,1f viii