The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-28
WASHING
ANOTHER ARMY SCANDAL.
G. M. AND THE GOVERNMENT
Increase in the Number Of Patents-A Carpet
Bag Invitation to the Presideut-The
New York Central Tax-An IN
confirmed Appointment

New York Central Tax-An IN
confirmed Appointment
WASHINGTON, March q, 1878.
Another Growl from tho Army-Why
General sherman Was Not Appointed
Acting Secretary OF War.
Again military circles are scandalzed and the
wrinkles ON the front of grim-v isaged war are
plainly visible. The correspondence between the
President and the Attorney General respecting the
appointment OF General Sherman as Secretary OF
War pro tenn. was given out to-day with much
pomp0sity The fact was announced in these
dispatches yesterday that Sherman could not ne
designated to act during the absence Of Belknap,
who goes on q junketing tour into Texas for the
benefit Of the health Of relatives. Belknap is the
only one OF the Cabinet officers who did not desert
his ONCE for the stump during the last Presidential
campaign, and 1t Is No longer State secret that IN
80 doing he pleased the President more than If he
had laid down mis- pen, which is mightier than
his sword, and wagged his tongue which IL
said to be more eloquent than that Of the classic
Robson, hia perfunctiOnary neghbor, as Mont
gomery Blair used to call Stanton when he headed
the War Department. But to the point. The
PRESIDENT mas suddenly, without apparent cause
manifested disposition to snub his old comrades
In arms The promotion of Lieutenant Fred, our
elder son, to the rank OF Lieutenant Colonel on
Sheridan's star was an entering wedge; but when
he submitted to the Attorney General the question
whether he could authorize General Sherman to
perform the duties OF Secretary Of War while
Belknap took pleasure trip with General Sheri-
dan through Texas he was only inviting an opinion
adverse to the request, the tenor Of which was
agreed upon before the letter was written. The
Presidents reply was as foliows:-
EXECUTIVE MANSION \
WASHINGTON, March "a, 1873
10 THE HON. THE ATTORNEY GENERAL
SIR-Hon W. W. Belknap, Secretary of War; ex-
pecting to be absent few weeks. has requested
me 10 authorize and direct William I. Sherman,
form the duties OF Secretary OF War during sucn
absence. Please advise me whether such an ap-
appointment will be legal
Your Obedient servant, U. 8. GRANT.
The latter clause carries its own criticism. Gen.
eral Belknap Is member Of the Cabinet, and sup
posed to be az well informed respecting laws gov
erning and the duties OF his department as the At
'orncy General He requests the President to d.
rect General Sherman to perform the duties of Sec
rotary OF War for o few weeks, and Mr.. Williams
answers as f0lOws:-
DEPARTMENT OF JUSTICE,
WASHINGTON, March "a, 1878.
SIR have the honor to acknowledge the re-
my oGicial opinion the question as to whether or
not William i. sherman, General OF the Army OF
the United states can be authorized to perform
orary absence OF that officer. Section Is of the
act making appropriations for the support OF the
other purposes, approved July 49, 1870 10th United
States statutes, page 49, is as follows-
ns not Be on s c
Once whether BY election appointment and any such
his commission SHAH be vacated thereby $50
General Sherman Is on the active list OF the
office Secretary a a q
office. He cannot therefore, be appointed to dis
charge the duties Of that onice, nor can he exer.
else Its functions without ceasng to be an officer
OF the Army OF the United States. am. therefore,
Of the opinion that General Sherman cannot act as
GEORGE II. WILLIAMS. Attorney General.
The explanation Of this is that II the President had
wanted General Sherman to act as Secretary Of
War he would have designated him and raised no
question. but he was constrained to do this to
make an excuse for not complying with the request
OF the Secretary Of War. The Attorney General
was o member OF the Congress which
passed the act referred to, and he knows
or ought to know, that the clause cited
was inserted to prevent army officers
from holding any civil office, whether by election
or appointment, that is, there were to be no more
Kilpatricks or Sickles officers Of the army and
accredited abroad as Ministers Penipotentiary
and ENJOYS Extraordinary. Neither the intent nor
the spirit Of the law warranted in the opinion Of
eminent judicial minds the construction put upon
the act by the Attorney General. Whenever the
rotund Robson goes to New Jersey for a few days
there is no bother about Rear Admiral Case acting
as Secretary Of the Navy. He actually holds tenn
porary commission so to do when the avoirdupOis
Secretary vacates the south wing OF the Navy
Department. The plain truth is, President Grant
did not want General Sherman TO act
as Secretary OF War. He did not want his
presence at Cabinet meetings. The unpleasant
recollection OF the time when General Shermans
predecessor was Acting Secretary OF War, and
question OF veracity arose between President John
and Acting Secretary Of War Grant, is still kept
alive. No such misfortune shall befall the General
Of the Army If the President can help it, But
when he wants convenient opinions aoout army
officers occupying civil positions he might with
propriety refer to the Attorney General the ques-
ton whether his first secretary major of the
engineer corps, is entitled to hold that Office For
II the General Of the Army is precluded by the act
referred to, what may be said Of the continuance
in office Of General Porter until he resigned few
months ago, and what becomes Of Major O. +. Bah
cock, the majordomo OF the White House and
General superintendent Of Public Buildings and
Grounds9
The Pay Department OF the Army.
The deaths OF General Fry and Major Walker,
Paymasters in the army, which occurred recently,
creates no vacancy in that corps but this fact does
not seem to be known as applications have been
sent in for several days past. The act of July 49,
1885, provides that the pay department OF the army
shall hereafter consist OF one Paymaster General,
with the rank, pay and emoluments Of brigadier
general; two Assistant Paymaster Generals, with