New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-06-01

that time, but was actually Secretary OF war anu
sfeOndlv that the military officers now occupying o
Executive Mansion are detailed for this service wltout
other salary than that Of their grade As tne hnpn %
dicatcd only detail" for service In the EXECUTIVE
HSre again the law SHAH speak. BY act Of Congress OF
March s. 1868, is provided that details 70 speoa
service sha. only pc inaGe w ~ seid but this il will
he refers 90 state OF war Cohsress ~ from
yr L. @ @ sTs t and agents. Of this Bureau flor
she relief OF Freedmen and RetugeesJ
officers of the Army not exceeding 20 az any ne, or
act as President Superintendent, or Professor m NV
Jain JAIN GGf s pTo2 de that any retired officer may
on hts Application be detailed 70 there is no
other statute authorizing Details this eIeePona CO.. I've
fer Of army officers to the Exeent yVToresatve
The Presidential pretenon which IS eGnshuSu 20 r
s there are AZ ieaf three different statutes In which
Congress has shown its purpose 10 hsni' , to & % INV
ISIS II vas explicitly provided that no army officers
should Oe separated rom thef ies anu i
te allowed 10 engage IN the service OF incorporated com
panes " any line oheeT 70 DC 1cIng pay asteI ~
extra employment require that he be separated from
1eSe win the performance Of the military duties
proper" (Siatutes at Large, Vol W =, , 2Vod
hat officers should not be allowed to leave
their posts for any service which might interfere Nth
,ge expet Then came the act Of March So 1867
Which provides that "any officer of the Army or Navy
hs Ste or soS s MnT apPomen 1 the diplomats
or consular service of the Government shall be consld
held BY him IN the military or naval service ice, sRa5 be
deemed and taken 10 be vacant Vol. ANy y.
1857 To eOnsiderate and circumspect President VINO
recognized the law its spirit well as its letter. this
provision. especially when REINFORCED oy t6e Garner
eases and therefore an insurmountabe obstacle TO
pretenson which takes Army officers from their proper
,ties and makes them Presidential Secretaries later
adds to the obstacle BY act OF Congress OF July
That hsi not he lawful for any officer Of the Army United
States on Tie sce ls' % hot ang CIV Ggc S ~ ~ sefoTs
a Girl o shall at once cease to be en- oeer ne y XVI
is difficult to imagine anything palmer than these
words. No army officer not on the retired st can nou
any civil Office; and then, TO enforce the lnhpon ~ ~
provided that in accepting or exercising me- 8se
Book, which is our political amahac hs ueI III e4d
o. E5e6Se as follows Secretaries Gen F. r
Dent Gen. Horace Porter, Gen. O'E Ba6eoek, when IN
follow the Private Secretary" Assistant Private
Secretary" and Executive Clerks" authorized
by law, but placed below those UNAUTHORIZED.
Nothing is said Of being detailed for TINS pur-
pose. They are openly called secretaries when Is
title of office and since IL is at the Executive Mansion
1t must be civil office ana yet IN defiance OF law,
these army officers continue TO exercise us emu
OF them enter the Senate with messages from tne
President The apology that they are detalle9 Ior
But how absurd to suppose that rue against I1e eNeF
else of civil office can be evaded by detail II III
dozen Nav more if the civil office Secretary at the
Executive Mansion may be created without law why not
dent from surrounding himself not only with secretaries
hut with stewards and personal attendants
The military circle at the Executive Mansion indefinitely
II the President be justified in his present course
ihe statute Here the Blue Book testes again for it
records the names Of the Secretaries IN their proper
places army officers, thus presenting heh as hOhS
dismiss this transaction as another instance OF Presl
dent al pretensOn which in the interest OF republican
government, should be arrested.
USREPUBMcAN sUBoRDINATIoS OF THE WAR DEPART
MENT 10 TIE GENERALIN-CHIEF.
From the Executive Mansion pass to the War De-
partrnent and there We witness the Presidential
preteusions by which law, usage and correct principle
are lost in the will OF The supremacy OF the
civil power oyer the military is typifed in the Secretary
Of War civilian. from whom army officers receive Or
ders But this beautiful rule, with its lesson OF suOOrd
nation 20 the military, was suddenly set ASIDE by our
President, and the Secretary OF war DEGRADED 10 ne
order from the President recOnsttutlng the MI diy ne
partments covering the southern states, and placing
them under officers Of his choice which purported to be
signed by the AdutantGenera by command OF the Cen
war Three DAYS later witnessed another order pro
tossing proceed from the President, whereby in ex-
the CeneralinChief being william T. Sherman, who at
the time was promoted to that command Here are tns
words: 1.-The chiefs OF stan corps dep2rtmehts, anu
bureaus will report TO and act under the immediate
orders Of the General commanding the army 1nls aet
OF revolution exating the military power ABOVE !he
CIVIL showed instant fruits IN an order OF the General
who upon assuming command proceeded to place the
several bureau officers Of the War Department upon
his military sta1f so that for the time there
as its head not merely in spirit, but in actual
form Byandby John A. Rawlins, civilian by eduea-
tOn and respecter Of the Constitution, became Secfe
tary OF War; and though bound to the President by per
sOnal ties he said check 20 the King BY General Or
DER issued from the War Department March &C. 1863 and
signed by the Secretary of War the offensive order was
reseinded and enoned that all official business
which by law regulation requires the action OF the
President secretary of War will be submitted by the
eTes 81 Of a5 repo ana thai @ sor 1e
zion Of the civil power to its rghfu supremacy was not
obtained without an inumation Of resignation on the
part Of the Secretary.
THE SECRETARY OF THE NAVY BY DEPUTY.
Kindred in character the unprecedented attempt
20 deyolve the duties Of the Navy Department upon
deputy, that orders to be signed A. E. Bore,
Secretary Of the Navy per d. D. Porter, Admiral APP
pears In the official journal May H. 1862 or according
10 another instance, Daniel D. Porter, Vce-Admiral
for the Secretary of the Navy" The obvious object Of
this Illegal arrangement was TO enable the INCUMBENT
who stood high in the list OF gftlnakers TO oe secretary
without being troubled with the business Of the Office
VIGOROUSLY he an invalid Who according TO ms own
confession modesty pleaded that ne eopa HSt apply
aplt sOothed his anxeties by promising deputy who
would 90 the WORE. anu . Int vas n i ksfS lt.
ofher couusels arrested the sport ,ra mention that
xrhen this incumbent left 10 important post IL Is under
stood that be was anoWed TO nominate his successor
PREsIDESTI4L PRETENsIoN AT THE INDIAN BUREAU.
AZ the same time occurred the effort TO absorb the
Indian Bureau into the War Department changing It's
character as part of the Civil Service. Congress mad
already repudiated such attempt but the President
not dsheartened by legislative failure sought 10 accom-
rIsh by manipulation and ndirection First eleyatng
member Of his late staff to the head Of the Bureau he
then by military order, dated May ICY rOeeeae9 70
detail for the Indian service &g ' tb
OF the infantry regiments assuming 70 10 lnls ~ au
fhoIfy of the act Of Congress OF June so 1884 which,
after declaring the number OF Indian Agents. and how
they shall be appointed provides that ~ shalI ne CON-
he oted states 10 execute the duties OF Indian AGENT
vision lad refefence to some exceptional exgency and
he no