Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-03

Ie,eI'eo te memorial oi MAJOR General Win
field Scott.
REPORTS:
That the me,noriaHst states that he was ap-
pointed a Brigadier General on the 9th March,
1914, and Major General by brevet on 18th Ju-
W, OF the same year, for services set forth
IN the body oil his commissipn that Gener Brown,
by virtue Of his seniority in the highest grade in
our service, that of 4 Major General, commanded
the Army from June, 1873, 10 the time oil his de-
cease, in February, 1928; that after General
Browns death, General Macomb being appointed
10 oil ms vacancy, with the rank Of Major Gener-
al from 24th May 1928, the President placed him
IN command over the Army, requiring all officers,
&C TO obey his orders, without any exception to
the memorialist, who was older Major General,
| and therefore, according to law and military usage,
could not be subjected TO the command Of his in
ierior in rank that he protested against this order,
o@neVing 1t to be equally repugnant to his rights
and 10 his honor, and prayed to be sent before
court martial, ON the charge of disobeying the
aers OF General Macomb, that his case might be
lJudiciay settled; that he also suggested an ar
rangementby which he would be exempt from
the command of his inferior officer, that this APP
phcatlon and suggestion have been rejected; and
mat, hnally, he has been suspended from all COM
mand In the Army. Under these circumstances,
The memoralist prays that Congress, by decIara-
tory statute would fix ard determine the rights
and duties appertaining TO brevet rank.
Your committee believes that every thing rel
alive to brevet rank in the u. States is to be found
l
War, and in two acts Of Congress of the 9th Ju-
iy, 1872 and the 10th April 1918. Ia the 6lst ar
hcie, 1t Is enacted, that officers having brevets
OF commissions OF prior date to those Of the regi
ment III which they serve, may take place in
- courts martial and on detachments when COM
posed oil different corps, according to the ranks
gwen them in their brevets, dates of their for
" mer commissions: but in the regiment, troop, or
" company, to which such officers belong, they
e" shall do duty, and take rank both in courts
" martial and on detachments, which shall be COM
posed only OF their own corps, according to the
" commissions by which they are mustered in the
sand corps" The act of 6Ih July. 1912, author
Zes the President 10 confer brevet rank upon otf-
GERS OF the Army who " shall distinguish them
:" selves by gallant actions, Sc. who shall have
| served ten years in any one grade:' Provided.
| mat such officers " shall not receive additional
pay or emoluent, except when commanding Sc
parate posts, districts, Sc &c" The &C, of 10Th
April, 1913, declares that breyet officers shall re-
ceiye the pay, SC. of their breyet rank only
when their command corresponds with that rank
and that, thereafter, no brevet commission shall
be conferred, but by and with the advice AND con-
sent oil the Senate. In the opinion of your Com
miitee, the word "corps," (Which has various
senses both in its military and ordinary acccpta-
tion) Is intended in the 6ist article of war TO
mean a reg imen or regimenls.The article refers to
"ofhcers having brevets or commissions of prior
-" date to those OF the regiment in which they
"serve;and in enumeratng what may be compre-
me nded in corps, "the expressions are" regiment,
Is corroborated by decision of the President of
the United States, on the lSt July, 1916, i'm the
following words: ' The terms regiment and CORPS
as used in the 6ist t" article of war will be con-
| sidered as synonimous. -General Regulations Of
the Army, No. Is.
In the cd article Of war, il is said; " II uron
6 marches, guards, in quarters, different corps
Of the army shall happen 10 join or do duty to-
gether The officer highest in rank ofthe line of
" the Army, Marine Corps, or Militia, by commits
. zion there, or duty, or in quarters, shall COM
" mand the whole, and give orders for what is
" needtul to the service" unless 4" otherwise spe-
ciaiiy directed by the President Of the " United
States, according tothe nature of the case" Up-
ON reading these two articles Immediately con-
nected with each other, The inference is irresistible
that Congress purposed to comprise IN them all
the positions in which officers, Of whatever rank
might be placed-in the 6Ist article, on Courts
Martial and in detachments composed of re giments
or oil parts OF regiments and in the gid article in
all other military bodies, however large and how
ever situated.
To ascertain what oficer,by the 62d article, is
entitled to the command, it is only necessary that
the meaning Of the technical term rank in the
line of the army" should be clearly understood
% Rank in the line of the army is conc eiyed ~
be rank in military body, specially organized for
the exertion Of physical force, in other words,
Tor combating an enemy; and an officer, In such
body, has direct ar permanent command over
the troops which compose it. The expressions
crank in the line Of the army" rank in the
line =" lneal rank, are, generally, used
IN contradis;nction to staff appointments and TO
rank which coniers upon officers only an occa-
sonai right 10 command, including brevet officers
and officers having commissions of prior date TO
To tber lineal commissions II cannot be predica-
ted Of staff officers brevet officers, or officers with
| prior commissions, that they have a direct and
permanent command over division, brigade, re-
| giment, &c. Staff officers have direct command
| over the troops and they are the organs through
! tCiIich commands or instructions commuuicat-
ed, or by Which various duties necessary for the
I operations of an army performed, such as pro-
vitling subsistence, clothing arms SC. They are
sometimes taken from the line, and some times not.
IL is al all times competent for the commander
"when he shall judge that the good of the service
ar quire il, to put an individual Of the staff tenn
"p0TdTiiy on linedl duties, that is when The indi-
"vidual holds rank in The line" Gent. Regula-
latons Of the Army, No. l25. "OGicers of the
siaH having iineal rank or rank Gssim'infed there
Ito, and officers OF the lire, without troops, may
'be assigned to Temporary and separate com
mands, correspondent 20 rank by the General
'in-Chief" 10. No. 4td. a brevet officer, as a |
brevet officer, has no direct or peymon enf CON,
rndHd over troops: he may have direct Temporal
~ command over them, in mixed, detached no
dy az described in the 6ist, article; but az soon
as the parts Of which the detachment is composed
join the regiments 20 which they belong, the com
Iaand Of breyet officers ceases. brevet officer
also, has direct command over troops 80 ioJ,, ns
he as in the situation specific IN the acts Of CON
gress which have been cited When not in these
situations, he has 10 olher command Than tbat
which is attached 10 his linesl rank An officer
IN the line having prior commission vhieb
he may have he'll, eau have no command cor
responding with that prior commission. excepting
Temporarily. The meaning of "TGHk an he line |
y the UTHiy,' the committee trusts has teen suf |,
hcien'ly Explained and illustrated The only Off |