The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-04-02
quest, the tenor Of which was agreed upon
before the letter was written. The presi-
dents reply wasas follows

quest, the tenor Of which was agreed upon
before the letter was written. The presi-
dents reply wasas follows
EXECUTIVE MANSION
WAsnISaToS, March "a, 1913.
TO the Hon. Attorney General;
Sir-Hon. W. W. Belknap, secretary of
war, expecting TO be absent for a few
weeks, has requested mo TO authorize and
direct William 7. Sherman, general Of the
| army of the United States, to perform the
duties Of secretary of war during such abb
| sence. Please advise me whether such an
appointment will be legal. Your obedi.
| ent servant, U. ;. GRANT"
The latter clause carries It's own criti-
cism. Gen. Belknsp Is a member of tho
cabinet, and supposed TO DO as well in
formed respecting the laws governing and
the duties of his department as the attor.
ney general. He requests the president
TO direct Gen. Sherman TO perform the du-
ties Of secretary of war for few weeks,
and Mr.. Williams answers as follows.
DEPARTMENT OF JUSTICE,
WASHINGTON, March "a, 1872.
TO the President
STR-I have tho honor TO acknowledge
the receipt Of your letter to-day, in which
you submit for my official opinion the
question as to whether or not William L.
Sherman, general Of the army of the
United States, can be authorized to per-
form the duties of secretary OF war during
the temporary absence of that officer.
Section IS Of tho act making appropria-
tions for tho support of tho army for the
year ending June -, 1871, and for other
purposes approved July 1880, Sixteenth
United States statutes, page 3ls, Is as fol-
lows:
That it shall not be lawful for any o FL
Ger Of the army of the United States on
the active list to hold any civil Office,
whether by election or appointment; and
any such officer accepting or exercising
the functions OF civil office shall at once
cease TO be an officer Of the army. and his
shall be vacated thereby.
General Sherman is on the active list of
tho army, and the office Of secretary OF
war is civil office. He cannot, therefore,
DO appointed TO discharge the duties OF |
that office, nor can he exercise it; func-
lions without ceasing TO be an officer Of the |
army Of the United States. / am, there
ore, Of the opinion that General Sherman
;snnot act as secretary of war without va
'ating his commission as general Of the
.rmy. Very respectfully,
GEORGE II. WILLIAMS, Atty Gen.
The explanation of this is that If the
president had wanted General Sherman to
vet as secretary OF war he would have dei-
grated him and raised no question, bu, he
vas constrained TO do this to make an ex-
use for not complying with the request of
he secretary of war. The attorney gen.
iral WAS a member OF the congress which
passed the act referred to, and he knows
,r ought to know, that the clause cited
vas inserted to prevent army officers from
folding any civil Office, whether by cleo
ion or appointment, that is, there were to
20 no more Kilpatrick's or Sckles, officers
II the army and accredited abroad as
ministers plenipotentiary and ENJOYS ex-
raordinary. Neither the intent nor
he spirit Of the law warranted, in the
'pinion Of eminent judicial minds, the
put upon the act by the at
orney general. Whenever the rotund
Robson goes to New Jersey for
ew days there is 10 bother about
Rear Admiral Chase acting as secretary
# the navy. He actually holds tenn
,orary commission 80 to do when the
secretary vacstes the south
wing of tho navy department. The plain
ruth is, President Grant did not want
Gen. Sherman to act as secretary Of war.
He did not want his presence at cabinet
meetings. The unpleasant recollection Of
he time when Gen. Sherman's predeces-
sor was acting secretary of war, and
question Of veracity arose between Presi-
dent johnson and Acting Secretary Of
War Grant, is still kept alive. No such
misfortune shall befall tho general Of the
army il the president can
help it, But when he wants
convenient opinions about army
officers occupying civil positions he nigh,
with propricty refer to the attorney gen.
eral the question whether his frst socre-
tary, a major of the engineer corps, Is en-
titled to hold that Office. For if the gen.
eral of the army is preclu1ed by the act
referred to, what NAV DO said Of the con-
linuance in Office Of General Porter until
be resigned few months ago, and what
becomes Of Major o. f. Babcock, the ma
iordomo Of the White House and general
Of public buildings and
grounds.