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r of the post until Congress repealed the law; and gave back the power of appointment to the Secretary of War; when of course he had to go。  But meantime he was able to make the necessary business arrangements which saved him and his partners the sacrifice which would have been necessary in the first instance。  I never had any knowledge whatever of General Belknap's transactions with the traders at Fort Sill and Fort Lincoln which resulted in his downfall。  I have never sought to ascertain his motives for breaking with me; because he knew I had always befriended him while under my military command; and in securing him his office of Secretary of War。  I spoke frequently to President Grant of the growing tendency of his Secretary of War to usurp all the powers of the commanding general; which would surely result in driving me away。  He as frequently promised to bring us together to agree upon a just line of separation of our respective offices; but never did。

Determined to bring the matter to an issue; I wrote the following letter


HEADQUARTERS ARMY OF THE  UNITED STATES; WASHINGTON; D。  C。; August 17; 1870。

General W。 W。 BELKNAP; Secretary of War。

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 before I was called here to succeed him that he wanted me to perfect the distinction; and it was by his express orders that on assuming the command of the army I specifically placed the heads of the staff corps here in Washington in the exact relation to the army which they would bear to an army in the field。

I am aware that subsequently; in his orders of March 26th; he modified his former orders of March 5th; but only as to the heads of bureaus in Washington; who have; he told me; certain 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 arrangements properly belong to the administrative departments of the staff and to the Treasury Department under the direction of the Secretary of War。

〃49。  The general of the army will watch over the economy of the service in all that relates to the expenditure of money; supply of arms; ordnance and ordnance stores; clothing; equipments; camp…equipage; medical and hospital stores; barracks; quarters; transportation; Military Academy; pay; and subsistence: in short; everything which enters into the expenses of the military establishment; whether personal or material。  He will also see that the estimates for the military service are based on proper data; and made for the objects contemplated by law; and necessary to the due support and useful employment of the army。  In carrying into effect these important duties; he will call to his counsel and assistance the staff; and those officers proper; in his opinion; to be employed in verifying and inspecting all the objects which may require attention。  The rules and regulations established for the government of the army; and the laws relating to the military establishment; are the guides to the commanding general in the performance of his duties。〃

Why was this; or why was all mention of any field of duty for the head of the army left out of the army regulations?  Simply because Jefferson Davis had a purpose; and absorbed to himself; as Secretary of War; as General Grant well says; all the powers of commander…in…chief。  Floyd succeeded him; and the last regulations of 1863 were but a new compilation of their orders; hastily collected and published to supply a vast army with a new edition。

I contend that all parts of t

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