[ 1 ] 26 



been the case, if the President had, under the 62d Article of War, ordered 

 Lieutenant Colonel Piympton to take command without assigning him to 

 his brevet rank, but the effect of the assignment was to make him the se- 

 nior of Colonel Fauntleroy. 



Exception has been taken to the form of the order because it did not 

 purport upon its face to have been issued by the President. 



The order w^as signed by the Secretary of War whose acts in matters 

 appertaining to his department, are in contemplation of law the acts of 

 the President. (See General Order No. 35, dated October 30th, 1850.) 



It is true, that the Assistant Adjutant General in transmitting the order 

 omitted to state that it emanated from the Secretary of War. This was 

 a clerical error, which, if it were at all material, that officer would be di- 

 rected to correct. But as the officer to w^hom the order was directed has 

 not intimated any doubt of its validity, and as Col. Fauntleroy was, by a 

 subsequent order, transferred to another post and consequently ceased to 

 l»e in any manner affected by it, the correction does not appear to be ne- 

 cessary. 



(Signed) C. M. CONRAD, 



Secretary of War. 

 W^AR Department, Pebruary 15, 1851 



HAMILTON, r-JBLIC PRINTER.- 



