Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1829-01-16
BREVEl' RANK.

gress.
g o.
BREVEr RANK.
The following copy of Memorial from Major
Gen. ScoTr, recently presented to Congress, will
he interesting to all our readers
MEMORIAL OF GEN. WINFIELD SCOTT.
To the Honorable the Speaker and Members Of the
House Of Representatives Of the United States.
The Memorial of WINFIELD ScoTT respectfully
presents
That your memorialist entered the Army Of the
United States Captain, May 5, S4l3 that he was
promoted to the rank of Lieutenant Colonel, July
Is, 1919 to the rank Of Colonel, March ~, 1918
to the rank of Brigadicr General, March Q, 8l4
and for services set forth in the body of his commits
sion, to the rank OF MAYOR General by brevet, July
|25, 1874.
That from this date, until very recently your me-
moriast had always been considered and employed
in respect to all the rights of rank or command, as
Ia Major General that within the same period, he
had under his orders, at different times, two Major
Generals of the Army and three of the Militia, nei-
Their of whom could he have legally commanded, il
his brevet commission or brevet rank had not been
perfectly valid and effective and that for the
whole period in question, he was never under the
command, nor was it ever attempted to subject him
to the command, OF any officer not of the same grade
and his actual senior in that grade.
Your memorialist would most respectfully affirm,
and he is ready to sustain by proof every proposition
he has advanced or shall advance, that the office OF
'' Comnander-n-C Chief" 6 Commander of the Ar
N.Y. or the Major General" as importing either
Us, at this time, unknowno the laws that there now
exists in law, in fact. no higher title grade
in the Army, than that of Major General title OIL
grade which your memorlast has the honor to holt
IN common with two other officers that military
rank or command Convertible terms is always de
lternned IN foreign armies, as well as in our own
hrs by difference in grade, and, secondly by pri-
lorty OF date 10 the same grade that from the com
mencement of our Revolutionary war down to the
present year, brevet rank has uniformly been helt
to give command in common with ordinary rank
except only or reasons easily explained) within thu
body OF an unmlxed reg ment, detachment of tn,
same regiment; that this is evidenced by every de
cision of the Executive and every precedent OF tht
Army recorded OF remembered and that your me
morlast cannot fall within the exception mentioned
is evident from the fact, that he is in rank and titl
equally above every regiment iii the service of TIL
| United States.
| Such, your memoralist humbly conceives, hat
been the law, the construction of the law, and the
settled practice in the Army, down to recent even
the death of Major General Brown who, unde
an arrangement purely Executive, and by virtue 0
his seniority in the highest grade, that of Major Gen
cral, had commanded the Army from June, 1921, L
February Cd, 1928, the date of his decease.
On the promotion of General NIacomb to the va
cancy of the deceased, with rank as Major Genera
from May "a, 1928, the President ofthe United Sta
ties without any new legislation changing the law OF
principles which have been stated, by order bear
ling date May 90, 1928, placed Major General Ma
comb in command over the Army. and required al
oillcers, sc to obey his orders without any excep
ton in favor of your memorialist the senior and
therefore, the superior Major General.
I Against this order, which your memorialist has
honestly believed to be equally repugnant to hi
rights and to his honor. he has, from the first res
pectfuliy and steadily protested he has humbl,
prayed to be sent before court martial on thu
charge Of disobeyng the commands of the alledget
superior Major General, in order that the law anc
the principles involved in the might be judicial
ly, promptly, and detinitvely settled and he ha
respectfully suggested an exemption from the COM
mands of his inferior Major General. by an arrange
nent of the several general officers of the line, t,
separate geographical districts or departments, a
prior to the Executive arrangement of 1891. Hi
entreatles have all been rejected, and, finally with
out any trial by his peers, your memoriast ha
been suspended from all command in the Army.
i By these decisions, contrasted with the prior de
cislons OF the Executive, and the usage Of the Ar
my, your memorialist finds himself in the mos
painful situation. To submit, would, in all proba
bility, dlshonor him in the opinion Of his brothe
officers, and most certainly in his own and not Il
submit does great violence to the sentiment Of dut
I and respect which he is proud to owe to the con
stuional Chief of the Army.
Z. Under these circumstances, your memorials