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the strength of the maxim that the civil law should be superior to the military in time of peace; that the army should be at all times subject to the direct control of Congress; and I assert that, from the formation of our Government to the present day, the Regular Army has set the highest example of obedience to law and authority; but, for the very reason that our army is comparatively so very small, I hold that it should be the best possible, organized and governed on true military principles, and that in time of peace we should preserve the "habits and usages of war," so that, when war does come, we may not again be compelled to suffer the disgrace, confusion, and disorder of 1861. The commanding officers of divisions, departments, and posts, should have the amplest powers, not only to command their troops, but all the stores designed for their use, and the officers of the staff necessary to administer them, within the area of their command; and then with fairness they could be held to the most perfect responsibility. The President and Secretary of War can command the army quite as well through these generals as through the subordinate staff-officers. Of course, the Secretary would, as now, distribute the funds according to the appropriation bills, and reserve to himself the absolute control and supervision of the larger arsenals and depots of supply. The error lies in the law, or in the judicial interpretation thereof, and no code of army regulations can be made that meets the case, until Congress, like the French Corps Legislatif, utterly annihilates and "proscribes" the old law and the system which has grown up under it. It is related of Napoleon that his last words were, "Tete d'armee!" Doubtless, as the shadow of death obscured his memory, the last thought that remained for speech was of some event when he was directing an important "head of column." I believe that every general who has handled armies in battle most recall from his own experience the intensity of thought on some similar occasion, when by a single command he had given the finishing stroke to some complicated action; but to me recurs another thought that is worthy of record, and may encourage others who are to follow us in our profession. I never saw the rear of an army engaged in battle but I feared that some calamity had happened at the front the apparent confusion, broken wagons, crippled horses, men lying about dead and maimed, part
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