* * * * * * *
"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 but through the General in Chief, or General Grant?
General Emory again reiterated the statement that it had met
respondent's approval, and that it was the opinion of some of the
leading lawyers of the country that this order was constitutional.
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