ertain functions
of office imposed on them by special laws of Congress, which laws,
of course, override all orders and regulations, but I did not
either understand from him in person, or from General Rawlins, at
whose instance this order was made, that it was designed in any way
to modify, alter, or change his purposes that division and
department commanders, as well as the general of the army, should
exercise the same command of the staff as they did of the line of
the army.
I need not remind the Secretary that orders and reports are made to
and from the Military Academy which the general does not even see,
though the Military Academy is specifically named as a part of that
army which he is required to command. Leaves of absence are
granted, the stations of officers are changed, and other orders are
now made directly to the army, not through the general, but direct
through other officials and the adjutant-general.
So long as this is the case I surely do not command the army of the
United States, and am not responsible for it.
I am aware that the confusion results from the fact that the
thirty-seventh section of the act of July 28, 1866, clothes the
army regulations of 1863 with the sanction of law, but the next
section repeals all laws and parts of laws inconsistent with the
provisions of this act. The regulations of 1863 are but a
compilation of orders made prior to the war, when such men as Davis
and Floyd took pleasure in stripping General Scott of even the
semblance of power, and purposely reduced him to a cipher in the
command of the army.
Not one word can be found in those regulations speaking of the
duties of the lieutenant-general commanding the army, or defining a
single act of authority rightfully devolving on him. Not a single
mention is made of the rights and duties of a commander-in-chief of
the army. He is ignored, and purposely, too, as a part of the
programme resulting in the rebellion, that the army without a
legitimate head should pass into the anarchy which these men were
shaping for the whole country.
I invite your attention to the army regulations of 1847, when our
best soldiers lived, among whom was your own father, and see
paragraphs 48 and 49, page 8, and they are so important that I
quote them entire:
"48. The military establishment is placed under the orders of the
major-general commanding in chief in all that regards its
discipline and military control. Its fiscal arrang
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