NedBaldwin
Major
- Joined
- Feb 19, 2011
- Location
- California
Take the case of McClernand. Grant removed him by "arrest" on 18th June 1863, with the intent being to charge McClernand for failing to obtain authorisation before sending an item to the press (i.e. a violation of Article 26 of the Army Regulations). On the 26th June, Grant acknowledged that he had no right to remove McClernand (without charge), but stated he hoped Lincoln would endorse a relief (without charge).
Here, Lincoln has a choice; he can endorse the relief without charge, or he can not endorse it. In the latter case Grant would then have to prefer a charge. Lincoln endorsed this by making a reassignment on 10th July 1863. This made it legally an act of the President.
A month later, on 10th August, Lincoln asked Stanton what charges were being preferred against McClernand by Grant. Stanton answered that he did not know, and after Halleck confirmed that Grant would not be pressing the charge, but he had the basis for one. Lincoln wrote to McClernand on the 12th August. He suggested McClernand let things go; "Better leave it where the law of the case has placed it." Legally, McClernand had been reassigned by Lincoln, and not by Grant. Hence no charges needed to be preferred.
McClernand replied that he wanted Grant to charge him to force the court-martial, and that if Grant would not make the charge, then he wanted a court-of-inquiry. This was denied, and eventually McClernand resigned.
Actually Lincoln restored McClernand to command of the 13th Corps in February 1864.