"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?