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[269]

By various paragraphs of regulations the Paymaster-General is directed to report to the Adjutant-General, the legal staff officer of the Secretary of War.

‘Paragraph 1,360. The Chief Engineer, with the approbation of the Secretary of War, will regulate and determine the number, quality, form, and dimensions of the necessary vehicles, pontoons, tools, etc.’

By paragraphs 1,377, 1,378, 1,379, all the operations of the Ordnance Department are placed under the Secretary of War.

The officers of the Engineer Corps are placed under the sole direction of the President.

These various citations are quite sufficient to prove that the theory of Congress in all its legislation relating to army organization has been, that the President is Commander-in-Chief, while the Secretary of War is his representative at the head of the army, and his organ of communication with it; that the Adjutant-General is the staff officer of the Secretary of War, that is, of the President; and that the chiefs of the various staff corps form the general staff of the President, and are in consequence under the direction of the Secretary of War.

Thus it will be readily seen that Sherman's order contravened, or directly violated the laws and regulations which have the full force of law, for the government of the army. After that order was revoked, and his attention had been thus pointedly called to the law, every subsequent protest against it was unsoldierly, and in short, insubordination. The same conduct in any officer of less rank would not have been allowed to go unpunished. If the general of an army constantly frets over the restraints of the regulations, what attention can he rightfully expect to be paid them by the army at large?

Although at the time his order was revoked, he was made fully acquainted with the law, a few months later he was found not only violating it, but reporting and defending his disregard both of orders and the law. The facts upon

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W. T. Sherman (1)
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