‘ [267] United States, or to such other matters respecting military or naval affairs as the President of the United States shall assign to the said department.’
Subsequently, upon the establishment of a Navy Department, the supervision of naval affairs was withdrawn from the War Department.
The Secretary of War is “The regularly constituted organ of the President for the administration of the military establishment of the nation, and rules and orders publicly promulgated through him must be received as the acts of the Executive, and as such be binding upon all within the sphere of his legal and constitutional authority.” —[U. S. vs. Eliason, 16 Peters, 291.‘The War Department has a staff officer, the Adjutant-General, through whom the Secretary, in behalf of the President, that is, the President, speaks when he sees fit, in matters pertaining to the army.’—[7 Opinions, 473.
And yet General Sherman, in the first line of his assignments, boldly invaded the official household of the President, his military superior, and ordered the chief staff officer there to report to him at the headquarters of the army. This did not differ, in any material respect, from what General Sheridan or any other general officer would be guilty of in issuing an order directing staff officers to report to him, who, by express provision of law, had been placed under the General of the Army.
The Quartermaster and Commissary Departments are placed by law directly under the Secretary of War, and yet General Sherman attached them both to his staff, and assumed that they were under his direction. The law regulating their duties reads as follows:
In addition to their duties in the field, it shall be the duty of the Quartermaster-General, his deputies, and assistant deputies, when thereto directed by the Secretary of War, to purchase military stores, camp equipage, and other articles requisite for the troops, and generally to procure and provide means of transport for the army, its stores, artillery, and camp equipage.—[Act March 28, 1812.‘Supplies for the army, unless in particular and urgent cases the Secretary of War should otherwise direct, shall be purchased by contract, to be made by the Commissary-General * * * * under such regulations as the Secretary of War may direct.’—[April 14, 1818.
