University of Virginia Library

TO JOHN ARMSTRONG.

For the Department of War.

On viewing the course which the proceedings of
the War Department have not unfrequently taken,

I find that I owe it to my own responsibility as well
as to other considerations, to make some remarks on
the relations in which the Head of the Department
stands to the President, and to lay down some rules
for conducting the business of the Department,
which are dictated by the nature of those relations.

In general the Secretary of War, like the Heads
of the other Depts. as well by express statute as by
the structure of the constitution, acts under the
authority & subject to the decisions & instructions
of the President; with the exception of cases where
the law may vest special & independent powers in
the head of the Department.

From the great number & variety of subjects, however,
embraced by that Department and the subordinate
& routine character of a great portion of
them, it cannot be either necessary or convenient
that proceedings relative to every subject should
receive a previous & positive sanction of the Executive.
In cases of that minor sort it is requisite only
that they be subsequently communicated as far and
as soon as a knowledge of them can be useful or
satisfactory.

In cases of a higher character & importance, involving
necessarily, and in the public understanding,
a just responsibility of the President, the acts of the
Department ought to be either prescribed by him,
or preceded by his sanction.

It is not easy to define in theory the cases falling
within these different classes, or in practice to discriminate
them with uniform exactness. But substantial

observance of the distinction is not difficult,
and will be facilitated by the confidence between the
Executive & the Head of the Department.

This distinction has not been sufficiently kept in
view.

I need not repeat the notice heretofore taken of
the measure consolidating certain regiments; a
measure highly important under more than one
aspect; and which was adopted & executed without
the knowledge or sanction of the President; nor was
it subsequently made known to him otherwise than
through the publication of the act in the newspapers.

The like may be said of certain rules & regulations,
particularly a Body of them for the Hospital &
Medical Depts. of which the law expressly required
the approbation of the President, and which comprise
a rule to be observed by the P. himself in
future appointments. The first knowledge of these
latter regulations was derived from the newspapers.

A very remarkable instance is a late general order
prohibiting Duels and challenges, on pain of dismission
from the army. However proper such an
order may be in itself, it would never be supposed
to have been issued without the deliberate sanction
of the President, the more particularly as it pledged
an exercise of one of the most responsible of the
Executive functions, that of summarily dismissing
from military offices without the intervention of the
military Tribunal provided by law. This order was
adopted & promulgated without the previous knowledge
of the P. nor was it ever made known to him

otherwise than by its promulgation. Instructions
to military Comanders relating to important plans
& operations have been issued without any previous
or even any subsequent communication thereof to
the Executive; and letters expressly intended &
proper for the knowledge & decision of the Ex. have
been recd. & acted on without being previously communicated
or the measures taken being made known
to him.

Other illustrations might be drawn from instances
of other sorts, leading to the result of these remarks.
The above may suffice, with the addition of one
which with the circumstances attending it will be
explained by a reference to the letter of resignation
from Genl. Harrison, to the letter of the P.
to the Secretary of War of May 24, to the issuing
of the commission of Major General to General
Jackson, and the letter of the Secretary of War
accompanying it.

The following course will be observed in future:

To be previously communicated to the President:

1.

• Orders from the Dept. of War establishing
  general or permanent regulations.

2.

• Orders for Courts of Enquiry or Courts Martial,
  on general officers; or designating the numbers or
  members of the Courts.

3.

• Commissions or notifications of appointment
  to officers other than regular promotions, in uncontested
  cases.

4.

• Dismissions of officers from the service.

5.

• Consolidations of Corps or parts of Corps &
  

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  translations of Fd. officers from one Regiment to
  another.

6.

• Acceptances & refusals of resignations from
  officers above the rank of Captains.

7.

• Requisitions & receptions of militia into the
  service & pay of the U. S.

8.

• Instructions relating to Treaties with Indians.

9.

• Instructions to officers commanding military
  Districts, or Corps or Stations, relative to military
  movements or operations.

10.

• Changes in the boundaries of military Districts,
  or the establishmt. of separate commands
  therein; or the transfer of General officers from
  one District or command to another District or
  command.

In the absence of the P. from the seat of Govt.
previous communications to him may be waived in
urgent cases, but to be subsequently made without
delay.

All letters giving military intelligence or containing
other matters intended or proper for the knowledge
of the P. will of course be immediately communicated
to him.

These rules may omit cases falling within, and
embrace cases not entirely within, the reason of them.
Experience therefore may improve the rules. In
the meantime, they will give a more suitable order
& course to the business of the Dept. will conduce to
a more certain harmony & cooperation in the proceedings
of the several Departments, and will furnish
the proper opportunity for the advantage of

cabinet consultations on cases of a nature to render
them expedient.