GENERAL: I must urgently and respectfully invite your attention
when at leisure to a matter of deep interest to future commanding
generals of the army more than to myself, of the imperative
necessity of fixing and clearly defining the limits of the powers
and duties of the general of the army or of whomsoever may succeed
to the place of commander-in-chief.
The case is well stated by General Grant in his letter of January
29, 1866, to the Secretary of War, Mr. Stanton, hereto appended,
and though I find no official answer recorded, I remember that
General Grant told me that the Secretary of War had promptly
assured him in conversation that he fully approved of his views as
expressed in this letter.
At that time the subject was much discussed, and soon after
Congress enacted the bill reviving the grade of general, which bill
was approved July 25, 1866, and provided that the general, when
commissioned, may be authorized under the direction and during the
pleasure of the President to command the armies of the United
States; and a few days after, viz., July 28, 1866, was enacted the
law which defined the military peace establishment. The enacting
clause reads: "That the military peace establishment of the United
States shall hereafter consist of five regiments of artillery, ten
regiments of cavalry, forty-five regiments of infantry, the
professors and Corps of Cadets of the United States Military
Academy, and such other forces as shall be provided for by this
act, to be known as the army of the United States."
The act then recites in great detail all the parts of the army,
making no distinction between the line and staff, but clearly makes
each and every part an element of the whole.
Section 37 provides for a board to revise the army regulations and
report; and declares that the regulations then in force, viz.,
those of 1863, should remain until Congress "shall act on said
report;" and section 38 and last enacts that all laws and parts of
laws inconsistent with the provisions of this act be and the same
are hereby repealed.
Under the provisions of this law my predecessor, General Grant, did
not hesitate to command and make orders to all parts of the army,
the Military Academy, and staff, and it was under his advice that
the new regulations were compiled in 1868 that drew the line more
clearly between the high and responsible duties of the Secretary of
War and the general of the army. He assured me many a time
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