Pope's seniority

[Stryker65]

It might be obvious and I just don't realize, but how was Pope's authority over the Army of Virginia accepted? Banks and McDowell's commissions predated Pope; how was it that Pope still got the army anyway? In similar situations, corps commanders would refuse the army (like Reynolds) or nominate someone else, but I can't see McDowell or Banks doing either of those things.

 

[RedRover]

Pope's commission as Major General of volunteers was dated March 21, 1862. (post-war he received regular commission as a brigadier general in 1866, and as major general in 1882).

McDowell's commission as major general of volunteers was dated March 14, 1862, and Banks' as major general of volunteers on May 16, 1861. Fremont's commission as major general of the regular army was dated May 14, 1861.

When the Army of Virginia was organized on June 26, 1862, with Banks', Fremont's and McDowell's commands, General Fremont protested Pope's assignment over him, and was removed to await reassignment, and Sigel eventually took his place. Sigel's commission as major general of volunteers was dated March 21, 1862, same as Popes'.

In 1861 Gen. Pope had served under Gen. Fremont in Missouri, etc.

However, an April 4, 1862 Public Resolution by the Congress of the United States authorized the President to assign commanders irrespective of seniority between two officers of the same rank...

To that effect, of the several major generals involved in the formation of the Army of Virginia in June, 1862, President Lincoln selected Major General Pope to command.

Pope's orders were...

But the Seven Days' battles were actually commencing about Richmond just as these orders were sent...

Of the three corps commanders, had McDowell or Banks had a problem with Pope's assignment to command of the army, they might have requested to be vacated from their commands too. But evidently didn't.


After his relief from his command, Major General Fremont awaited further orders which were not forthcoming before his resignation from the army in 1864 to run for president on the "Radical Democracy Party" ticket. He withdrew from the race, however, a month before the election.

Following the War, the Public Resolution allowing the President, as commander-in-chief, to assign commands irrespective of seniority, was repealed.

 

[13 IL Cav & 64 GA Inf]

Pope's commission as Major General of volunteers was dated March 21, 1862. (post-war he received regular commission as a brigadier general in 1866, and as major general in 1882).

McDowell's commission as major general of volunteers was dated March 14, 1862, and Banks' as major general of volunteers on May 16, 1861. Fremont's commission as major general of the regular army was dated May 14, 1861.

When the Army of Virginia was organized on June 26, 1862, with Banks', Fremont's and McDowell's commands, General Fremont protested Pope's assignment over him, and was removed to await reassignment, and Sigel eventually took his place. Sigel's commission as major general of volunteers was dated March 21, 1862, same as Popes'.

In 1861 Gen. Pope had served under Gen. Fremont in Missouri, etc.

However, an April 4, 1862 Public Resolution by the Congress of the United States authorized the President to assign commanders irrespective of seniority between two officers of the same rank...


View attachment 532223

To that effect, of the several major generals involved in the formation of the Army of Virginia in June, 1862, President Lincoln selected Major General Pope to command.

Pope's orders were...

View attachment 532216

But the Seven Days' battles were actually commencing about Richmond just as these orders were sent...

Of the three corps commanders, had McDowell or Banks had a problem with Pope's assignment to command of the army, they might have requested to be vacated from their commands too. But evidently didn't.


After his relief from his command, Major General Fremont awaited further orders which were not forthcoming before his resignation from the army in 1864 to run for president on the "Radical Democracy Party" ticket. He withdrew from the race, however, a month before the election.

View attachment 532218

Following the War, the Public Resolution allowing the President, as commander-in-chief, to assign commands irrespective of seniority, was repealed.

View attachment 532221

Darned Good post and explanation @RedRover.

 

[RedRover]

Darned Good post and explanation @RedRover.

In the outset of World War II there were similar issues afoot. One of Major General Patton's first tests of command was the offer/suggestion that he accept reassignment from a state-side Corps command, to an overseas division... which he accepted immediately evidently. From Ike's "Crusade in Europe."

 

[Drew]

Pope, I believe, was referred to as, "miscreant," by General Lee and dispatched with accordingly and militarily.

BTW, congressional "resolutions" do not have the force of law. They are meant to send a message, nothing more.

 

[RedRover]

Pope, I believe, was referred to as, "miscreant," by General Lee and dispatched with accordingly and militarily.

On the federal side, since he and McClellan had both been more or less thrashed by General Lee and his army, there were evidently some in the Lincoln administration who yet preferred Pope over Mac. According to Secretary of the Navy Welles Pope finished himself off when he produced an odd attempt at a report, loaded with recrimination but lacking in either details of military significance or even reference to the reports of subordinates as substantiation, which was exceedingly irregular...

...and yet within days it found its way into the national press without having been accepted as an official report.

Lincoln admitted this was an evidence of Pope's incapacities, but figured that general too cunning to allow himself to be found the guilty party in its publication...

The President immediately removed Pope and reassigned Gen. McClellan to general command...

BTW, congressional "resolutions" do not have the force of law. They are meant to send a message, nothing more.

Some Congressional resolutions are of that simple form, but not all evidently. Judge Anson Willis ("Our Rulers and Our Rights", 1869) notes of resolutions as simple expressions, with no relevance to the functions of government:

An example...

Other resolutions form legal facts within the government binding in various measure upon the Congress itself, etc. and serve as public notices of the same.

Willis' continues...

For example, Per the April 4, 1862 Public Resolution of Congress, authorizing the President to appoint military commanders irrespective of seniority, officers who did not accept this might find themselves in difficulties with the Congress, besides their commander-in-chief, the President.

Some examples of such resolutions affecting the Government and its officers...

or,

 

[Drew]

On the federal side, since he and McClellan had both been more or less thrashed by General Lee and his army, there were evidently some in the Lincoln administration who yet preferred Pope over Mac. According to Secretary of the Navy Welles Pope finished himself off when he produced an odd attempt at a report, loaded with recrimination but lacking in either details of military significance or even reference to the reports of subordinates as substantiation, which was exceedingly irregular...

View attachment 532322
View attachment 532323

...and yet within days it found its way into the national press without having been accepted as an official report.

View attachment 532325

Lincoln admitted this was an evidence of Pope's incapacities, but figured that general too cunning to allow himself to be found the guilty party in its publication...

View attachment 532320

The President immediately removed Pope and reassigned Gen. McClellan to general command...



Some Congressional resolutions are of that simple form, but not all evidently. Judge Anson Willis ("Our Rulers and Our Rights", 1869) notes of resolutions as simple expressions, with no relevance to the functions of government:

View attachment 532267

An example...

View attachment 532315


Other resolutions form legal facts within the government binding in various measure upon the Congress itself, etc. and serve as public notices of the same.

Willis' continues...

View attachment 532263
View attachment 532264

For example, Per the April 4, 1862 Public Resolution of Congress, authorizing the President to appoint military commanders irrespective of seniority, officers who did not accept this might find themselves in difficulties with the Congress, besides their commander-in-chief, the President.

Some examples of such resolutions affecting the Government and its officers...

View attachment 532304

or,

View attachment 532305
View attachment 532306



View attachment 532313

"The President admitted Pope's infirmity, but said a liar might be brave and have skill as an officer."

LOL, that is classic Lincoln.

You all keep putting Congressional Resolutions in your back pockets, I'll keep a statute in mine anytime.