The sun., 1891-07-04
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ATAxr DEPAR1zGKrr OSvzOxRA
Al ola Controversy IN q New Form.
WASHINGTON. July s-Ths technical question
| that has Just arisen In the Division Of the At
| lantic Ia really only new instance In sub
ject Of dispute which has existed in the army
for many years. Gen. Howard. commsndina
the division, detailed for court martial duty an
officer OF the Commisssry Department who
| was stationed within that division. This off,
| Ger. Il is understood. protested on the ground
| that he was subject only to the direct orders
| OF the War Department. conveyed customarlly
through his chief, the Commseary- General OF
Subsistence.
There are two matters involved In the dis
pute. ono being the liability OF stsfr depart-
ment officers to be assigned to court martial
duty under tho orders OF the officers command
Ing the geographical divisions or departments
In which they may be stationed. Since officers
OF the various other stan oorrs as we'll as Of
the Commissary Department prize exemption
from courts martial as the fireman or militia
man prizes his exemption from Jury duty. In
terest In this affair Is naturally widespread.
But the larger question is that which 10 In
volved In the general subject Of military juris-
diction and command.
Shortly before the end OF Secretary Lincoln's
term in charge Of tho War Department. Lieut.
Gen. Sheridan sent certain order to tho Com
missary. General OF Subsistepce. who there-
upon protested to tho Secretary. Gen. shsri-
dan replied that the attitude assumed By the
Commissary-Generalw was disrespeotful. since
that officer was . part Of the army Of the
United States. OF which the President had
placed the Lieutenant General in command.
About a month earlier another matter involv-
Ing this same question Of command had come
up. Tho General had given
direct instructions about erecting certain new
barracks to Col. Perry. who had been detailed
as chief quartsrmaster upon the staff Of Gen.
Hancock. commanding the Division OF the At
lantic. Gen. Sheridan had thereupon declared
that "there are not two channels OF COM
mand to stan oflcer serving with troops. the
ono through the line OF general officers and
the other through tho chief Of their stan de-
partment" Secretary Lincoln had promptly
responded that the Quartermaster- Generals
actionwas rather irregular. since the Secretary
himself had authorized Gen. Hancock to ercct
the new barracks; but that. nevertheless.
neither the Quartermaster-Go General nor any of
his officers not specifically 30 assigned BIZ tho
Secretary was subject to the orders Of tho
Lisutenant-General. Since, after that state
mont, Gen. Sheridan had again asserted In the
remark already quoted. that the staff officers
being part Of the army. were under his COM
futed that idea
He declared that Gen. sherIdans claim to
command every ef1oer In tho army under the
terms OF hie assignment to duty was not
tenable. and that III It were tenable 1t would
be an imperative duty on the part OF the Sec.
retary OF War to recommend to the President
such o change In tho terms OF your assign
ment to duty as to prevent tho possibility OF
such claim" He added that tho word army.
as used In such an assignment to duty. in
cluded all division and department COM
manders. and AL tho regiments Of tho army
and all officers Of the staff departments
detailed by tho Secretary OF War to serve
under you or under officers subject to
your command" This excluded all officers
OF the staff departments not 30 detailed
to serve under general officers commanding
troops At that time, also. Secretary Lin
coin took occasion to explain why II was that
bureau M ana stan officers i were e1empted from
Of general officers who may be In charge Of d.
siSis e. rPs, #sr
s,, execute . the duties which "a are periorped By
hose eses a or s6s9 saSord
to 5e Suna hy
seem T. sppiy directly il seis5snes s to asn.
mander and not the oincer commandins The
army In the Instance OF Col. Perry already
referred to. there was simply question as 10
the source from which hisi orders originated.
and none whatever as to the nature OF his
work, which was to be the Same in either
event. and directly in the limo OF the branch Of
the service to which he belonged. But court
martial duty has nothing to do with tho Sub
sstence Department. although tho nature Of
OF War to order the detail Of commissary Of
lcer as. n member OF tho court. At any
rute, the argument Of Secretary Lin.
coin seems to apply. that Is. that
the chiefs Of those bureaus. with such subor-
dinates as tho Secretary chooses to retain
under their Immediate command. must neces-
sariiy be under the exclusive order of the Sec.
himself falling to perform duties the general
charge Of which he cannot delegate" What
ever the decision. the reasons upon which it Is
add to Tho literature OF long controversy.
which, in one form or another. has como UP
before many successive War Departments.