Section 37 provides for a board to revise the army regulations and report; and declares that the regulations then in force, viz., those of 1863, should remain until Congress “shall act on said report;” and section 38 and last enacts that all laws and parts of laws inconsistent with the provisions of this act be and the same are hereby repealed.

Under the provisions of this law my predecessor, General Grant, did not hesitate to command and make orders to all parts of the army, the Military Academy, and staff, and it was under his advice that the new regulations were compiled in 1868 that drew the line more clearly between the high and responsible duties of the Secretary of War and the general of the army.  He assured me many a time before I was called here to succeed him that he wanted me to perfect the distinction, and it was by his express orders that on assuming the command of the army I specifically placed the heads of the staff corps here in Washington in the exact relation to the army which they would bear to an army in the field.

I am aware that subsequently, in his orders of March 26th, he modified his former orders of March 5th, but only as to the heads of bureaus in Washington, who have, he told me, certain functions of office imposed on them by special laws of Congress, which laws, of course, override all orders and regulations, but I did not either understand from him in person, or from General Rawlins, at whose instance this order was made, that it was designed in any way to modify, alter, or change his purposes that division and department commanders, as well as the general of the army, should exercise the same command of the staff as they did of the line of the army.

I need not remind the Secretary that orders and reports are made to and from the Military Academy which the general does not even see, though the Military Academy is specifically named as a part of that army which he is required to command.  Leaves of absence are granted, the stations of officers are changed, and other orders are now made directly to the army, not through the general, but direct through other officials and the adjutant-general.

So long as this is the case I surely do not command the army of the United States, and am not responsible for it.

I am aware that the confusion results from the fact that the thirty-seventh section of the act of July 28, 1866, clothes the army regulations of 1863 with the sanction of law, but the next section repeals all laws and parts of laws inconsistent with the provisions of this act.  The regulations of 1863 are but a compilation of orders made prior to the war, when such men as Davis and Floyd took pleasure in stripping General Scott of even the semblance of power, and purposely reduced him to a cipher in the command of the army.

Not one word can be found in those regulations speaking of the duties of the lieutenant-general commanding the army, or defining a single act of authority rightfully devolving on him.  Not a single mention is made of the rights and duties of a commander-in-chief of the army.  He is ignored, and purposely, too, as a part of the programme resulting in the rebellion, that the army without a legitimate head should pass into the anarchy which these men were shaping for the whole country.