formation and
government of all concerned:

* * * * * * *

"II.--PUBLIC--No. 85.

"An act making appropriations for the support of the Army for the year
ending June 30, 1868, and for other purposes.

* * * * * * *

"SEC. 2. _And be it further enacted_, That the headquarters of the
General of the Army of the United States shall be at the city of
Washington, and all orders and instructions relating to military
operations issued by the President or Secretary of War shall be issued
through the General of the Army, and in case of his inability through
the next in rank. The General of the Army shall not be removed,
suspended, or relieved from command, or assigned to duty elsewhere than
at said headquarters, except at his own request, without the previous
approval of the Senate; and any orders or instructions relating to
military operations issued contrary to the requirements of this section
shall be null and void; and any officer who shall issue orders or
instructions contrary to the provisions of this section shall be deemed
guilty of a misdemeanor in office; and any officer of the Army who shall
transmit, convey, or obey any orders or instructions so issued contrary
to the provisions of this section, knowing that such orders were so
issued, shall be liable to imprisonment for not less than two nor more
than twenty years upon conviction thereof in any court of competent
jurisdiction.

* * * * * * *

"Approved, March 2, 1867."

* * * * * * *

By order of the Secretary of War:

E.D. TOWNSEND,

_Assistant Adjutant-General_.

Official:

-------- --------,

_Assistant Adjutant-General_.

General Emory not only called the attention of respondent to this order,
but to the fact that it was in conformity with a section contained in an
appropriation act passed by Congress. Respondent, after reading the
order, observed:

This is not in accordance with the Constitution of the United States,
which makes me Commander in Chief of the Army and Navy, or of the
language of the commission which you hold.

General Emory then stated that this order had met the respondent's
approval. Respondent then said in reply, in substance:

Am I to understand that the President of the United States can not give
an order