Charles Sumner: his complete works, volume 20 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 20 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It cannot be doubted that this provision was more than ample; for
Congress, by Act of July 20, 1868, repealed so much as authorized
a clerk of pardons, and also one of the three clerks of the fourth
class.[126] Therefore there could be no necessity for a levy of
soldiers to perform the duties of secretaries, and the conduct of the
President can be explained only by the supposition that he preferred
to be surrounded by Army officers rather than by civilians, continuing
in the Executive Mansion the traditions of head-quarters: all which,
though agreeable to him and illustrating his character, was an anomaly
and a scandal.
In extenuation of this indefensible pretension, we have been reminded
of two things: first, that according to the record Washington sent
his first message by General Knox,--when in fact General Knox held
no military office at that time, but was actually Secretary of War;
and, secondly, that the military officers now occupying the Executive
Mansion are detailed for this service without other salary than that of
their grade. As the Knox precedent is moonshine, the minor military
ring can be vindicated only as a “detail” for service in the Executive
Mansion.
Here again the law shall speak. By Act of Congress of March 3, 1863, it
is provided that “details to special service shall only be made with
the consent of the commanding officer of forces in the field”;[127] but
this, it will be seen, refers to a state of war. Congress, by Act of
July 16, 1866, authorized the President to “detail from the Army all
the officers and agents of this Bureau” [for the Relief of Freedmen and
Refugees];[128] also, by Act of July 28, 1866, to “detail” officers
of the Army, not exceeding twenty at any time, “to act as president,
superintendent, or professor” in certain colleges.[129] And then
again, by Act of July 15, 1870, it provided that “any retired officer
may, on his own application, be detailed to serve as professor in any
college.”[130] As there is no other statute authorizing details, this
exceptional transfer of Army officers to the Executive Mansion can be
maintained only on some undefined prerogative.
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