by John Marshall Harlan

“ So that his right to pay, as captain and assistant quartermaster of volunteers, from the date of his dismissal from the service by Pres. Lincoln to the date of the order of Pres. Johnson, depends entirely upon the question whether an officer of the army, once lawfully dismissed from the service, can regain his position and ecome entitled to its emoluments by means of a subsequent order revoking the order of dismissal, and restoring him to his former position. ”

“ The facts are: Appellee enlisted as a private soldier in the military service of the United States in August, 1861. Having been promoted, from time to time, he was commissioned, prior to March 27, 1865, as captain and assistant quartermaster of volunteers. ”

“ In accordance with these decisions it must be held that that act, if not simply declaratory of the long-established law, invested the president with authority to make the order of March 27, 1865, dismissing appellee from the service of the United States. ”