The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-05-16

In the course Of the debate upon the Army
bill in the Senate on Thursday last, question Of
unusual interest was discussed and disposed of.
As the bill passed the House Of Representatives
il contained provision forbiddng every army OH
Ger from holding any civil Office. The Military
Committee Of the Senate, in revising the bill, had
introduced into this prohibition words which lin
tied its effect to officers upon the active list Of
the army, leaving TO those on the retired list the
right to hold civil Offices. Mr.. TRuNBuLL Of ILL.,
nois moved TO strike out these words, and sup
ported his motion with his usual cogency and
effect. The case Of Gen. BuTrERFrELp, who was
Sub-Treasurer in New York rs well as an officer
Of the army; that Of Gen. FEssFNnES Of Maine,
who lost leg in the service, and is now ON the
retired list at Portland, where the people arc
likely 10 nominate him Tor office; tho appoint
ment Of Gen. GRANr as Secretary of War pro
tempore that Of Gen. ScHoTIELD as Secretary of
War; the case Of Gen. SIcKLEs, who is on the
retired list, and is Minister to Spain that Of the
three or four army officers who are serving US
secretaries to the President; that Of Col PAR
KER, who holds a commission in the army, and is
ut the same time Commissioner Of Indian Affairs /;
and that of those officers, some sixty or seventy
were all considered in the course Of
| this debate. The opinion which prevailed
| among the ADLER jurists Of the Senate was
| that under the present law all these appoint
ments render vacant the army commissions Of
their holders, and that this law applies with the
| same force TO officers on the retired list "a to
those in active service. II was agreed that Gen.
SIcKLEs, for instance, in becoming Minister to
| Spain, had as a matter of law really vacated his
! commission in the army, An attempt was made
to introduce, by way of explanation, a statement
that previous to accepting the Spanish mission
Gen. SIcKLEs had applied to the War Department
| and at the White House to know what was the
right construction Of the law, and had been in
formed that in the opinion Of those authorities il
did not apply to officers on the retired list. But
this explanation was interrupted, and was rather
indicated than made. Finally, after prolonged
debate, the amendment of Mr.. TRuMBuLL was
adopted by thirty -four yeas to twenty-five nays
As it simply restores this part of the bill to the
condition in which II passed the House of Repre-
sentatives, it may be taken declaring the sense
Of both Houses upon the question. Thus It il
| very certain TO become the law whenever the bill
finally passes
In regard to Gen. SIcKLEs, It was stated thai
he was acting under leave Of absence from In,
War Department for one year, and that, if tn
view of the subject taken by Mr. TRUMBULL',
amendment should finally be established, HI
would doubtless return at the expiration Of thi
leave to resume his place as retired officer
It may perhaps be maintained that his military
commission is already vacated but as this il
the consequence of misunderstanding and mis-
judgment, IN which both the Secretary of Wa
and the President ugreed, there could of cours
be little difficulty in the way of reappointin!
Gen. SIcKLRs and restoring him to the militar!
rank and the rights which II is supposed he Ia
thus inadvertently and unintentionally lost. w
presume, however, that no attempt will be mad
in the case of Gen. SIoKLEs to enforce this doc
trne, and that his military standing will not b
questioned should he decide to leave the Span
ish mission in order TO resume II.