The New York herald., 1869-01-26

Remissiou OF Sentences Of Courts MartinI-
Attorney General Evarss' OPINION Onsccrs
Restored to Rank Orders by General
Grant and tho President.
WAsHIsGToN Jan. 25 1869.
The following opinion OF the Attorney General on
the remission OF sentences OF courts martial in the
case OF army officers has just been submitted to the
President
ATTORNEY GENERALS OFFICE, Jan. 80, 1860.
To THE PRESIDENT
SIIs-The question submitted for my opinion by
your direction, under date of the 3Oth ultlmo un.
derstand to be ths:-Whether, where captain in tho
army has been sentenced by court martial to reduc
ton In rank, by having his name placed lower down
on the list OF officers OF the grade remission
OF the penalty by the President in the exercise OF
ing the ocer to his former relative rank and posi-
ton on the roll? BY the rules prescribed for the
@ ocers Of n the .0 ae Grade in the army H
tanned and fixed by date OF commission or appoint
ment lArmy Regulations, article q; and as all va.
filled by promotion according to seniority cases OF
disability or incompetence excepted-pbia article
in their several grades on the army rolls
is important net only in connection with
points Of Precedtsnny oS,
advancement upon the happening OF vacancies IN
grades above their own, and 1t Is hence called tho
vice assigns to each officer rank In his grade aud
In the line OF promotion corresponding with tho
disposition s interrupted, rs in the under con-
sideration, through the Intervention OF court mar
tinuing operation OF the penalty imposed, which
may be said to act as punishment from day to day
50 long as the oicer affected Is excluded from the
OF the nature OF such penalty, l am led
to the conclusion that remission OF tho
stOrati0n OF the officer to his pre-existng capacity
ana rights under the law OF the service to occupy
place on the list OF his grade appropriate the date
Of his commission the ofiicer losing OF course, such
opportunities for promotion ~ may in The meantime
Hs been reduced IN rank diners n ESSENTIALLY from
that Of an officer who has been dismissed from the
service by sentence OF military court. After the
latter Is duly confirmed and executed the dismissed
or In any other manner than by new appointment
22.) This is because the execution OF the
judgment In effect abrogates the officers commits
service placing him in exactly the same situation
relatively thereto which he occupied previous to his
ORIGINAL NAL appointment and moreover re- PARDON ,ns m
forfeited "A Wallace, p. 3sll But no such conse-
quences ensue upon execution Of sentence In the
not thereby dissolved SO that, when released from
the penalty inflicted there Is no occasion for the ex
ready clothed with commission, he is clearly en-
titled to the rank which 1t best0wS. In connection
with this matter have ne opsons
my attention has been directed respecting the
restoration q officers from the reserved to the
p. SIS; sth i9id p ass; Sin soid ?: gas; OH I'D
ous o throw Fl n n0 the xs Gsn
sented, but in none OF them have been able to dis
cover anything that s1
ing the subject further may state 1t as my opinion
that o pardon BY the President, In the case pro.
posed will have the effect Of restoring the 0lcer to
his former relative rank according to the date OF his
commission have the honor 70 be, with highest
respect, WILLIAM M. EvARTS.
Attorney General.
This opinion by the Attorney General has already
caused the restoration their former rank OF the
following ofncers in the army:-Captains J. B. w.
Neil, Thirty-sixth Infantry; G. s. Pierce, Twenty
eighth infantry; r. p McKibben, Fourth infantry
and Lieutenant G. H. Conrad, Thrty-nfth infantry.
An order has been issued from the headquarters
OF the army at Washington, which directs that
contract made with a private physician by the sur
geon general or medical director Of department
viii be annued only by the direction Of those
oncers or by that OF the commanding general of the
military division or department.
BY direction Of the President the following named
retired officers OF the United States Army are re-
lieved from their present assignments, and should
they so desire, will proceed to their homes:-
Richard w. Johnson; Brevet Major Generals and
Brigader Generals James w. Ripley and Robert An
derson Brevet Brigadier Generals and Colonel wash
ington Seawell, John w. smonson, Gustavus Loomis,
Charles 8. Merchant, Hannibal Day. Pitcairn Morri-
G. l Marshall and INA Madin oI Bunker; Bpevet Major Gem
erai and Colonel Harvey Brown; Colonel Moses 4.
Walker; Lieutenant Colonies Enoch Steen L. 7. Al
Colonies Llewellyn Jones and Walc0tt, Majors Frank
H. Larned and William f. Prince and First Lieuten-
ants +. E. Drownell and Brevet Captain Patrick II.
Mooney.
The following officers have been assigned to duty
according to their brevet rank:-Brevet Major Gen.
eral Buchanan Colonel OF the First infantry. and
Gillem, Colonel OF the Twenty fourth infantry.
Lieutenant Colonel Taggart, Paymaster has been
relieved from duty at St Louis, and ordered to the
pay district OF Omaha.
Order Relieving the Oncers ON Duty with the
Artillery School.
FORTRESS MONROE, Va, Jan. %, 1862
There was quite an excitement here yesterday
morning. caused by the receipt OF the order from the
War Department which relieves nearly every ofllcer
now on duty with the Artillery School, and assign
ing others in their places. The change win not tako
place until the LIST Of May next, but when 1t does IL
will scatter the officers OF the school from Maine to
Florida, not forgettng.our newly acquired territorial
possession OF Alaska.
or the offcers now here. General Barry is in COM
with the exception OF General Hays, who. 1t is under
stood shas been ordered to other duties, and whose
place win be filled by some other neld ofhcer oil ar
or the captains on duty two will remain
j. B. Shinn, OF the Third, and J. B. Campbell OF tho
Fourth srsery Breves Colonel =, r. dsc Ia1aoa
AlasKa ana win be succeeded by Brevet Lieutenant
Colonel benjamin, Captain second ARTILLERY. Brevct
bor ana win be succeeded by Brevet Lieutenant
Colonel. Samuel 8. Elder Of the First artillery.
Breve Major b, +. kittenhQuse, Fifth artillery IL
ordered 70 Florida, while Captain James W. Piper
M frst and second lIeutenants are scattered
about, some going to Maine some to the Dry T?rtu-
gar and others to California end the Pacific coast
EXPLOITS Of THE BowEhY RuFfnSs. -.
= !.