The New York herald., 1869-04-04

WASHIN0FON, ApTti q, iooo.
The United States steamers Yantic and Gettysburg
were at Port Au Prince on the 10th OF March,
The movements OF vessels OF the South Pacific
Squadron are reported by Rear Admiral Turner In
despatch dated March /, at Valparaiso.
The Powhstan (iag -shipl sailed rom Valparaiso,
January IL, for the island OF Chloe but'heavy
weather, head sea and winds, prevented her from
going farther south than Lote, which port she Wis
itedi also Tacahuana, and returned to Valparaiso
Of yellow fever along the northern coast the vessels
have remained southwark away from the infected
csao where the fever Sn s spae%c Tne pacSaa
is now there The Kearsarge has visited San Car
los, Island Of Chloe and racahuana. The Tuscarora
returned 70 Cala0 on the 1th OF February from
Panama. to which point she had been sent for
DRAFT Of men. She has been despatched to Buena
upon the United States Consul there. The
Onward Is under orders to proceed to vaipa-
and sne the 20 os as a as to
be placed on board, changing them from time to
time, that they may have practice In handling
ORDER RELATING TO LINE AND STAFF OFFICERS.
The following naval general orders were issued to-
GENERAL oRpxR--No. Iso
The Attorney General having advised department that
alone can fix the relative rank Of line and stat OIL
SsSw %s.
Sos ss o IS bOh inousve are hereby re-
sSs engineers more shsS twelve yssrs
chief engineers or less than twelve years, rank
with eutenants PASSED assistant and passed
and Sipd
ginees rank with mdshpmen No act Of Congress gives
ssimakers A. T. BoRiE, Secretary y' Of ri The Navy.
ATTORNEY GENERAL HoAR's OPINION.
the following Is the letter from the Attorney Gene
raj referred to abOve:-
ATTORNEY GENERALS OrvIoE March 49, Iss9
Hon: A; Z. BoRIE, Secretary Of the Navy
navy These @ % rssaasions n undsrstand' @ are s.era
ss. as ssao st. sFS'1s q ss
;s p @ upon relative ,sDk which Congress by
and effect Of law and The authority Of the Secretary Of the
the to which they relate supposed be derived
s Ss or and
b ey a1s e9eSy e s se
Navy Department subject, however, to such alteration
hs The GaSs ss Te ss
Il s hs
relative rank Of certain stat officers of the navy which
Ssnded BY the dessnatSn Of orders regulations and in
strqcons heretofore issued by the Secretary of the Navy
and pleasure Of Inc EHeeVe The acts 80 Of isss and s
IN %c eg % the sn e
@ az s. s
tons upon subject matter which was exclusively
ratiasd as they we're by statutes that had bee%
sSs 1s % Sn S OF Ss
jec Of the navy and s such being the character
s S. Nothing Ss
ng the the 5 BY Ss S
hcen for the exercise OF euch power The act OF 1862
appointed consolidate laws, in their remarks upon
DV
mated into the form of law they ceased to be orders
such words Of as those empoysd IN the
G Issue SS ha OF s and s be
properly treated comprehended embracing them.
in Ss ac' o
thereby as he rsgaasons Of The Navy The
the acts of 1854 and had been prsvioay recognized and
the subject Of relative rank Of sta officers Of the
navy II n,Tsv be that intended
yousy given to these orders and remove them from
IN ~. view q Tho sSea' he orders
BY as he @ s @ 81 s @ a
that by the terms of that section the entire body of order
gated ~ the Secretary Of Navy incudns which
law having been expressly sanctoned BY Congress-
within contemplation Congress ensc.ns this statute
@ @ s S na pS
recognize the power Of the President regulations
S 1Se sss
No Just rule OF construction would authorize CIV
ns general authority aaS S s
Executive AT his pleasure to and regulate subjects
which in their exclusively of legislative
cognizance and action which Congress had previously
fixed by law and which The regulations thereby recognized
had met undertaken to modify alter Ny opinion, there
FORE that the regulations OF March u, la3
alterations of the orders of the Secretary the
Navy which Congress its legislative sanction by the
acts Of August and March 1889 not founded
Mr. Attorney General Bates by whose advice Il appears
these regulations adopted 90 Opinion, p. 43).
I find however, that the attention Of this learned
gentleman appears not to have been directed
which gave them force and efficiency of law The
question OF the construction OF the 1862
him abstract form before the adoption of
the regulations of 1853 and without suggestion which
would lead him consider the character
of the previous orders the subject OF relative rank
surprising therefore, that he should n
cluson the effect of the of 1852 In which
not able 10 express my concurrence.
have the honor to be- respectfully, your obedient
servant, f. H. HOAR Attorney General.
Commodore Thornton A. jenkins, Chief OF the
Bureau Of Navigation Tor many years, having
signed that position has been ordered to report to
the Secretary Of the Treasury as Secretary OF the
Lighthouse Board, In place OF Rear Admiral A. A.
Harwood. detached.
A permanent court martial will be organized at
the Navy Department, for the trial OF such cases
officers will be detailed for duty members OF it,
Rear Admiral l.. NJ Powell President; Rear Admit
raj Theodorus Bailey and Rear Admiral A. A. Har
wood
ARMY INTELLIGENCE
BY direction OF the President paragraph or GEN