The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-05-16
The Army Question.

The Army Question.
Soon after the adjournment of Congress IN
March one Of the first questions considered
by the new Administration was that " an
extra session. resulting from the failure OF
my appropriation for the support Of the
nrmy after the 3Jth Of June All the mill
tary and legal authorities were consulted
US to the possibility Of tidng over this cm-
barrassmcnt until December without a pal
pablo violation Of law ana positive injury to
the service.
There was general agreement of opn-
Ion that an extra session was Indispensable,
md the only pretcXt upon which it might be
avoided SO far as supplies and tran-porta-
ton were concerned. rested upon a clause in
the act ~ March >, lsol, intended TO meet
state OF war, which required strain Of con-
struction that was hazardous TO make
Among others whose views were sought on
this subject, was the Judge Advocate Gene
Ial Of the army, whose letter was published
Mt the timc and is now reproduced for the
rdicatiou of those interested, as quite wOr-
thy of attention:
"wAa DlrAArs'Syr, nrs.'r Of. %. w., ',g5,gf
"ea 7 N',r'a O.. q, r. ,n,n,...,
are...i. 'n. t..t ,'rt.ir. .ri,.b ~ nm
uiiD ,.tnf. htvo u.NHf.. fl, oi4ulDH tu.t i tle
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s .r,, g g',' ,' W .,r , o., ,. H..
.csuon ifii-a'cd va. pmt ,ulen'y n.r measure ani
intended To auth ul, dig pucha-, OF supple ia thc at
~, sr,g I any n inli tu'n l,ls'"l, 'n . ,t', VIZ,
absolutely leguilct ior Oh, troops
In mV opin, he "n.ir ~. ,. M, r,rn, nss
IS % 4 49,. 70 Nf
pient by The provisions vt section I67p o he Revised
ttai.cs tn, section .r positive fui. lht, any de
Esriwent OF ihe Go,ernicnt fn exrentins in any me
y cel-Te,,ior that h.,ai YEAR " nom involving ~
sIoptsd IN is7o s,,h ~, 5i. i... ,pssaj H.
aver hasin. been allowed {, tand must Imink IL view
ptTuoi the latter bcius statute enacted nine ycars after
soverment in he mater 81 public xend..ares aaG
f9niracts under reace status
IL have the honor tu remain. General.
VERY respectfully you! .riient .crvant
Judge Advocate Oeneral L. ;. Army"
1t will be observed that Gen. Dunn only
claims at the utmost under the act of 1851
discretion to purchase or contract for sup
plies during the remaining part Of the pres
ent fiscal ycar"-that is, until the 3)th ofJune
next. And he suggests naturally enough,
that the act of ls7Oexplessly forbiddng any
department Of the Government from ex-
pending in any one fiscal year any sum in
excess Of the appropriation made Tor that
fiscal year, or from involving the Govern
ment in any contract for the future pay
ment Of money in excess of such appropria-
tions, virtually repeats the proviso in the
net Of ls6l
This Interpretation Is too liberal. The dis
cretionary power never extended, or was
4 10.
fiscal year ending 3Oth Of June, 1861. 1t was
passed to meet a temporary, but urgent ex-
igcncy Congress met on the 18th Of July, and
then made provision for all the necessities OF
tie army. The proviso died, and wa never
heard Of until recently rcsurrrcted 10 ex-
cuse n gross violation Of law by the Fraudu-
lent President.
The Cabinet unanimously concurred in the
Wow thai the army could not be supported
without money directly voted by Congress
Gen. DEvENs gave au official opinion to that
effect. and it is an open secret that pro-
cAmatUn calling Congress together on the
4th of June, was actually prepared and
about to DO issued, when Mr.. HAYES sud
denly changed his mind, and his Cabinet re-
treated from their former position.
The only reason for this unexpected
change was political. The public interests
and the law We're ignored, in order to avoid
Or rather t. postpone, n collision in the Re-
publican ranks, between the friends and OPP
Ionents If the Administration. The Fraud
ulent President knew that a revolt against
him in Ohio threatened a singing rebuke u
hi policy through Democratic success
and he shrunk from the presence Of Con-
gross because IL vas certain That he would