Belfoured
Major
- Joined
- Aug 3, 2019
"It seems there is a lack of understanding of a very basic principle:
Only an superior authority (or the original issuing authority) can countermand an order. A lesser authority cannot countermand an order from a higher authority.
The corps commander issue should be so obvious as not to need explanation. All corps commanders were ordered to duty by the President (by law). Thus only the President or a higher authority (i.e. an Act of Congress) could countermand the order, and order a corps commander out of said duty.
This, of course, does not overrule military discipline. Any officer over a corps commander has the right to arrest a corps commander, but this requires grounds.
The same with Hamilton. Hamilton had been ordered to duty by the General-in-Chief. Thus only the General-in-Chief or a higher authority (i.e. the President or an Act of Congress) can order Hamilton away from said duty.
A mere department commander is below the General-in-Chief and the President. Thus, he cannot countermand an order by either the General-in-Chief or the President.
Officers have to be ordered to duty in a department by the War Department, either by the President directly, the Secretary-of-War (in the name of the President), or the General-in-Chief. They cannot take duty in a department without such an order (per article II of the Regulations). A departmental commander does not have authority over an officer until they are assigned to his department, ergo a departmental commander could not order an officer to duty in his department because until they are part of his department he cannot issue them an order.
I trust you'll reframe your arguments to conform to the basic principles.
It seems there is a lack of understanding of a very basic principle:
Only an superior authority (or the original issuing authority) can countermand an order. A lesser authority cannot countermand an order from a higher authority.
The corps commander issue should be so obvious as not to need explanation. All corps commanders were ordered to duty by the President (by law). Thus only the President or a higher authority (i.e. an Act of Congress) could countermand the order, and order a corps commander out of said duty.
This, of course, does not overrule military discipline. Any officer over a corps commander has the right to arrest a corps commander, but this requires grounds.
The same with Hamilton. Hamilton had been ordered to duty by the General-in-Chief. Thus only the General-in-Chief or a higher authority (i.e. the President or an Act of Congress) can order Hamilton away from said duty.
A mere department commander is below the General-in-Chief and the President. Thus, he cannot countermand an order by either the General-in-Chief or the President.
Officers have to be ordered to duty in a department by the War Department, either by the President directly, the Secretary-of-War (in the name of the President), or the General-in-Chief. They cannot take duty in a department without such an order (per article II of the Regulations). A departmental commander does not have authority over an officer until they are assigned to his department, ergo a departmental commander could not order an officer to duty in his department because until they are part of his department he cannot issue them an order.
I trust you'll reframe your arguments to conform to the basic principles.
In case you didn't know what happened to Hamilton, you bet he was "present" at the Battle of Iuka in September - as CO of the Third Division in Rosecrans's Army of the Mississippi. And in case you didn't know what had happened with Hamilton, he was appointed to division command by McClellan on March 13, 1862. By my calendar, that's two days after the order relieving him as G-in-C. After March 11, McClellan never purported to take one action as G-in-C, because he knew - and we know - what would have happened. Hence his April 30 order issued through the Army of the Potomac's AAG and his subsequent defense of the order to Lincoln regarding Hamilton's unfitness in "this army". Among the many historians who have uniformly - and correctly - concluded that McClellan was removed as G-in-C on March 11 is Russel Beatie, who conducted deep research for his three volumes on the Army of the Potomac. In vol. 3 of his series, Beatie - who was also a skilled, practicing attorney - states repeatedly that McClellan was "removed" from the position on March 11.In case you didn't know what happened to Hamilton, he went to the west and was present at the Battle of Iuka. Lincoln then promoted him a major-general of volunteers to date from 18th September 1862 in December '62, and it was confirmed on 9th March 1863. With this, he found himself senior to McPherson (MG(V) with seniority to 8th October 1862). He then demanded that he be assigned command of the 17th Army Corps vice McPherson, or another Army Corps, and that if his wish was not granted then he'd resign. It wasn't, and he did. His resignation was dated 13th April 1863.