New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-08-05
THE GENERAL OF TIE ARMY
Ills AUTHORITY UNDER LAW AND PRECE-
..- DENT.

MANS vIEws-HIsTORIC PREcEDENTs CITED ~
THEIR SUPPORT.
TO the Editor Of The Tribune
SIR; The publication by THE TRIBUNE Oh
the correspondence relative TO the contempa''"
removal OF Army Headquarters TO st. Louis invites
te nton to the laws governing the SUBJECT anu "
extent and mtso of the authority of the dsnora OIL "0
Army. m,o,
II the communication OF Aug. Il. 1870, from th't o'
TO the Secretary of War has not been answered. 70 u
doubtedly because the whole subject IL 80 W." 80,
in the precedents OF the service tile puDnsheu ,ho
of the Attorney Generals and the dee's'o"' 80,
United States supreme Court to mako reply u"n''
, o.....,
Tho act n, Juy o. 1885, creating the grade OF denera'
,or,lv authorized the incumbent under tho dreouoh
| and during the pleasure OF the President 10 co'"'
the armies Of the United States 1t was pas'ou uns
time of war; and enabled the General to CONDUCT 'no
tire military operations the field Of different ana so
| tered army corps and armies, and TO use t"e ""V
force OF tho Government for the suppression VI
the then xistng Rebellion. When the then Lleulen"
General Grant came TO Washington anu es'a'
his Headquarters there. war still existed ana Ms
~ Ian 90 1866 to the late Secretary Stanton cou "
! cor sherman WAS based on that condition OF annr'.
| Peace according to the L. ;. Supreme Court wa"
declared until August 90. 1866, and the volunteer
| in ,he field were thereupon dsbanded Ihe resu'".
| orny was reorganlzed a peace basis ana uis''io
! in geographical military divisions ana uep"i'"
under general officers aud was stationed III garrison "
| scattered and remote posts The eNcep'lohii -
stances which prevailed during time OF war no ioHeo
| existed nor did the necessity Tor miii'ai' ' "
sole direction forces IN the held III.
ConOress however with a view to controi anu ''"''
| President johnson in his constitutional iuhoio"'
Commander-in- Chief. enacted that all oruers Iiou W
President should pass through the General anu IL va"
made an Offense to obey any orders from MN un
| received. Many good lawyers doubted the cons'''u'
| NJ
Grants inauguration IL wholly repealed Inc eo'
sequence of the repeal is very plaih. IL reihi''o
mode OF issuing orders to the ancient practcc ""
the command the President, where II Is constitution
ally placed. uDimpeded and unobsrdcted py a"! guy,
ordinate Under the usual rules as to eonstruct'oho
statutes this was evidently what Congress lnehdou
and that the Secretary OF War as the egmate organ VI
the President should issue orders preeisel! ds Va"
retary OF the Navy does to the Navy
Gen Sherman in his letter above referred TO- say
that in the existing army regulations not sIHb''
mention il made OF the rights aud duties oil Coh-
chef Of the Army" There is Du' ohc NV'
nander Chief to the army, and the Constitution ue
cares that the President shall be such COnmahue'n
Chief II would be superuous for him TO attempt 10 az
fine his own powers in the regulations Issued " nn
when the Constitution has already done so.
| Tho General OF the Army uses the expression Coin
mander int hef" appropriate To designate MS Wv"
functions but he should know that the term must oc
construed strictly In the used III the Constitution
and there IL is made 20 apply exclusively TO fhe ls
dent No military officer could, even by act OF CohEreS
arrosate to himself exercise such functions uhe''
! thor. should be a prior Constitutional amendment
| TIE communication brings to mind the "sreN'nce'
or whatever 1t may called, OF II. X H. the Dhke o
| Cambridge Field Marshal commanding the Brtlsh
aru,y against the Right Honorable The Secfetary'ol
State for War; because no Is not allowed 1nH cohol o
army affairs The British Government Deins however
! a Government OF law, and The army being supported
! wholly by appropriations OF Parliament, the BHNSh
Cabinet in time peace. is held responsible by fa-
lament for the proper expenditure OF the sums 80 ap-
proprated and pro tqu2 MS Royal Hishncss ads BIN
self without that complete control gratifying 10 "a
military The reasons apply In this country
Congress makes but limited and specific appropriations
for the support Of the IL does not hold any mere
military officer responsible their proper eXpcnGi
turc but it does Secretary of War
Bile the administrative head Of an executive depart
ment. To this end IL has given him bureau oihcers,
chiefs OF the several staff corps Of the army to ad MIN
with their advice when desired much as III the Prus
sian service and to attend TO tie fiscal Arrangements oil
the appropraons for their respective branches OF sup
n,v Thus the Chief OF Engineers. Chief OF Ordnance
OiartermasterG Conlmls>ary Gcneal surgeon
Chief lgnal officer, all chiefs oI bureaus IN inc war
Ie ior LampIe the limited annual appropriation for
army transportation in the QldrternasltI's Depart
meut Which, toward the end OF me fscai year Is isuay
exhausted IL is notorious that the Secretary OF war
because OF this limited appropriations mas been uhabie
10 canse certain regiments long on the frontier 10 DC eA
changed with Others In more congenia localities H. 10
time of peace the General OF the Army was allowed IuIl
opportunity TO do as he pea,ed III tle h ~,
would nothing to prevent DEBT being created larger
than the appropriation tomeet H. UHitr tne OohsttG
ton Congress has sole power 10 ralse ana suPpDa'
armies ana To make ana regulations FOR s govern
l. has Jeycl'ea npS1ans cS nr or ' or
non. viii create an xpendture must IN tine 81 peace
frt come under notice or general approval Is INC
I'm our wiGe'y scattered military posts, clrrisoned
generally by single companies no opportunity u az
forded for the eNcrloh OF .Hc p ~, oP d.
officer in strategy grand tactics fne subjects Oi us
urace estblis.Laent are about the only qucs lions
which arise, cx.ept the necessity Tor an "ccdi @
II Is left the General OF the Army anu To t"e ~
renccd division ANA department conmihuer T "i id
cpc of the General is necessarily moro remote thsh
that OF tie ihne,1 d r. II has ta1cn appreciable
rnect AS during his years absence aDTOth the cH n
cency of the army was quite as great a'
Questions Of expenditure involving subsistence qla
terIng transportation. armament unforming ana gen
oral wel-beIng the troops have 10 90 neces>ay' 70
the War Department, through tue military chdnus.s'
The Military Academy, although as Gen sherman sa1 w.
, n1rt OF The army nevertheless is by Law uhdet the
Immediate control OF the secretary oi war anu t,,
ncaly withdrawn from the command Oh hy n i'', ~ =
o1iccr unless lie has been specifically hsslgneu W ~
under of 1872 and 1866 Ine oy.c, V 90, ~
parent, because the Academy Is an nil
sructon cadets and not garrison LOT GENERA IN
tary purposcs. We md tierei"rq, ,,nTI .cnar,je
making "A specific appropriation Tor ll' suPPoi ~,
the regular appropriation bill for the snpPU u w
army, and linz its own members dnhAil. W -
Point as visitors. Congress having proN!eu IV o I'm
ent management no military man has ilsh9 ~ Yum
plain. $500. -, oh.ance
are granted, the stations OF Olicors are cl'hby
other orders made directly 10 lhe army, -
through the General, but drect through O'hel oHcI
or the Adjutant General. This statement u ,
vague but 10 doubt refers TO the orders from lhc ~
ttrv of War or from the President direct, thrOuSh ING
Acknowledgement to the army IL IL "a practice WHICH
mas prevailed the organization OF military ioio
IN 100 with the brief exception of the no" ItPStiv
law passe during President JOhnsons Admins. wv,
Ia ,.rfipr
General. The WIZ and wherefore OF such proecuutV
rests wholly Ia the discretion OF tie Conmanucliiin