The New York herald., 1869-05-14
AgEy .aiALaIagyc2.
Opinion ef Attorney General noar COaccrBing
BEevet Cemmiss;ons.

WAsHNGgoN May Is, l'69
the following 10 copy OF the opinion OF the Az
torney General IN reply to question of the Secre-
tary OF War concerning brevet commissions to OIL
GERS serving in the Indian wars:-
ATTORNEY GENERALS OFFICE,
TREASURY DEPARTMENT., April "A, 1869 !
Hon. JoHN A. RAwLINs, Secretary OF War;
SIR-The second section OF the act OF March /,
abshlng rules aud articles for the government of
the armies OF the United States" declares that mere
after ccmmisslons oy brevet shall only be con;
ferred IN time OF war, and Tor distinguished
conduct ana public service IN the presence Of
the enemy. aud that all brevet commissions
service Tor which the officer was brevetted Two
days after THIS law took effect ION the Sd OF March,
1909 the Senate confirmed the Nomination OF o mum
been pending before that body prior to the date OF
the act Among these were some that had been
made on account OF services rendered In recent
gagemepts with the Indians, In each Of which the
date Of the promotion coesponded with that OF the
the as s the % y9s tns
latter of1cers are now entitled 20 the COM
missions BY brevet heretofore Intended for them,
promotion. with regard to the latter branch
referred to were not nominated for brevet promo
ti0n by reason OF distinguished conduct and public
service Sc the face Of the enemy they Cannot now
their nominations were pending before the Senate
prior 70 the date Of tAa eS not relieve them
appointments. To consi latter required the
issue Of commissions in nee Of the previous
Senate: but the aataonIy to com@,ssion 'e IN
these cases was 1t appears. swept away by
the statute even before such confirmation
the other nominations mentioned which were
made and confirmed for mertorious service in recent
engagements with the Indians are within the act
and that consistently with Its provisions brevet COM
missions may be issued to the officers designated
therein. The only point which suggests itself in
whether promotions made during Indian hostilities
may be viewed as conferred IN time of war in the
OF maintaining peace and war with the United
states Is recognized In numerous treaties made
break out between any Of these tribes and the gov
ernment. state OF war with pr0priety may be said
to exist. Indeed. such hostillties have been so
described by the Legislature. Thus the act OF April
20 ISIS, third state page 459, made provision Tor
the pay OF militia called into service in prosecuting
the with the Seminole tribe of Indians; that
brevet promotions made during the existence OF
Indian h0stiiitles for distinguished in the
presence OF the enemy are TO be deemed as made in
time OF war within the meaning Of the statute.
have the honor to be, very respectfully, your
E. r. HOAR Attorney General
The Artillery School nj Fortress Monroe.
FORTRESS MONROE May 10. 1869.
The United States Artillery School at this post the
annual examination of which was held few days
ago has received its complement Of officers Tor the
ensuing year, and is again in successful operation
The graduating class OF last year have all left for
other fields OF duty-some to Alaska. some to Cali
fornia, and Others along the Atlantic coast from
Maine to Florida.
Brevet Major General william f. Barry remains in
command OF the school, and his assistant Brevet
Brgadier General J. b. Roberts, lieutenant colonel
OF the Fourth artillery. also remains another
year. OF the officers on duty last year he
has retained the lollowing:-Brevet Major
]. B. Sanger, first lieutenant First artil-
lery, adjutant; Brevet Captain Albion Howe,
second lieutenant Fourth artillery, ordnance oicer,
and Lieutenant James Curry, post commissary. or
the battery commanders two have been retained
Brevet Major J. B. Shinn, captain Third artillery.
and Brevet Major J. B. Campbell, captain Fourth
Will remain during the coming year
Instructors. OF the officers reported for duty
Is Brevet Brigader General Charles Ii. Morgan. The
First artiery-Brevet % Lieutenant Colonel samael
Elder captain Brevet Captain b. s. Humphrey
and Breyet captain Michael Leahy. nrst eutenants;
J. T. Webster and w. +. Reynolds, second lieuten-
ants. BatteryA, Third artllcry-Brevet Major J. b.
shnn, Captain Brevet Major J. G. TurnDull and
lieutenants; Brevet Captain J. B. Eaton, Brevet
Captain Charles HumDnres second lieutenants
Battery X, Second artllery-Brevet Lieutenant
Colonel Samuel N. Benjamin, captain; Brevet Major
w. b. Graves and Brevet Major e. f. KilDurne, hrst
second lieutenants. Battery 9, Fifth arnery-Cap
tain James W. Pipers, Brevet Major David IL. KinZIe
and Brevet Major John r. Brinkle first heutenants;
Brevet MAJOR Oscar ii. Howard and G. N. Whistler,
second neutenants. Battery +, Fourth artillery
Brevet Major j. b. Campbell, captain Brevet cap.
tain Samuel Fields and Brevet Major II. Q. Cushing,
first lieutenants; W. +. Stewart and Sidney W. Tay
lor, second leuenants. or the the above Officers all
have already repor.ed for duty except four-Lieu-
tenants KilOurne, Cushing Stanton and Richmond
who were on duty at distant posts and have not yet
had time to reach here but are expected
to arrive In lew days. There are also on
duty at this post, IN the engineers department,
Brevet Brigadier General Henry Brewerton, colonel
OF engineers, ana captain II. y. Phillips. 4 In the
surgeon and Dr. J. B. Holder In the ordnance,
Brevet Colonel Thomas G. Baylor, commanding the
arsenal; Captain William Adams, ordnance store
keeper and Brevet Major william 5. BeeDe, first
lieutenant OF ordnance. In the quartermaster's
department. Brevet Lieutenant Colonel Henry w.
Jones' depot and post quartermaster; Captain y. A.
Alligood military storekeeper, aud Chaplain, Rev.
Marx l.. Cheevers. Dr. Cheevers has been stationed
at ths post for upwards of forty years, and is stl
hale and hearty.
The following order. issued for the government of
the school during the month OF May, VIII give some
idea OF the course OF practical instruction pursued
at tnls school during the summer months:-
The Of pacscal instruction during the month of
SATURDAYS and sundays, VIZ :
f-Batiey o. tlrs artillery siege battey-The instruc-
with blocks rollers and with the siege guns
18th inst From the h 70 the Slsi the tnsnsporaion and
b 81 Two se @ sn gs and o target with
battery X Second artlery-l5,inch seacoast gun The
service Of & from the st TO the leh ins incueng
c ~ The & s % sa and iA1s oan ana
ing gun By of gns and blocks, and by
jacks and blocks during the remainder OF the
month.
Battery A. Third artilery-Mortsr bacry-Servce the
siege mortar and mechanical Inanvres until the l5h inst
mortar and rail platform and practice
the 18th the 2Dth Inst; Of the
mortar mechanical maneuvres OF mounting dis
Practice from the 20th 3lst
Battery y, Fourth arleryFicd baitery-Service OF g.
incb, light l2pounier and Gating mechanical
and two drills with blank cartrdges Of Snch and light
until the 26h inst from the 20h 10 3l
get practice with 3nch light l2pounder and Gaing gun
Battery O. Fifth artillery Cssemate batterySeryice and
mechanical Of o-nch gun, the
2ipounder defence howizer and two drills blank
cartridges until 7th inst. From l7 to 2th ns ransp
ing and mounting gnch gun and s chasses and top
rage In From 10th TO 9th inst ice of 10
Inch in harbelte. From 18th 3ls snst gct
practice with l0inch smooth bore and lO1pounder parrot
rifle guns.
Secosf-Breve Brigader General J. Roberts, lieutenant
colonel Fourth artillery, viii superntend the drills
field and siege batteries and Brevet Bgader General
O. H. Morgan, major Fourth artillery, will superintend the
drills at the mortar and seacoast gun batteries.
Td-Except Saturdays and sundays, there win be daily
recaions for officers IN artillery practice These reciatons
Will continue for hour EACH and will take place
O'Clock A. NJ The rectatons will be arranged that the
officers OF each battery will rece each that
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