
    (10 C. Cls. R., 584; 97 U. S. R., 893.)
    Barnard P. Mimmack, appellant, v. The United States, appellees.
    
      On the claimant s Appeal.
    
    
      An officer, to escape a court-martial, writes out Ms resignation and authorizes his commanding offie&r to date and forward it if he again offend. JBe does so, and his commanding offices' dates and transmits the resignation. The President accepts it, and notice is transmitted to the officer. PLe appeals to the President personally, tvho revolees the order of acceptance. But the officer is not restored to his position by the Secs'etasp of War, and another President on coming into office nominates a successor, and the Senate confirms the apqmntment. The officer claims that by the revocation he was restored to his office, and he brings suit for his pay.
    
    The court below decides: (1) That the Act 5th August, 1861 (12 Stat. L., 316, § 12), definitely fixes the time when, and the means by which, an officer shall cease to belong to the Army by resignation; (2) That, when he thus ceases to belong to it, he can only be restored by a new appointment; (3) That the President’s revocation of an order accepting an officer’s resignation will not work his restoration.
    The judgment of the court below is affirmed, and upon substantially the same grounds.
   Mr. Justice Clifford

delivered tbe opinion of the Supreme Court, December 2, 1878.  