UNITED STATES SUPREME COURT DECISIONS ON-LINE

An officer of volunteers in the army, dismissed from the service during the recent civil war by order of the President, could not be restored to his position merely by a subsequent revocation of that order.

The vacancy so created could only be filled by a new appointment, by and with the advice and consent of the Senate, unless it occurred in the recess of that body, in which case the President could have granted a commission to expire at the end of its next succeeding session.

The facts which make the case are stated in the opinion of the Court.