The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-11-27
BUNDELCUND.
RANK In THE ARMY
Communicate


Rank in the army implies eligibility to command
Command is the responsibility, power and author
ny Of an officer. These are lie essential qualities
Of military commission, as, without them, il ta|
a warrant for SO much pay. A commission is lhs|
patent Tor warranty for Office and its authority Tb.|
word is generic, and applies as well to civil o|
military appointments.
In our army there are but two kinds Of military
commissions giving rank-the "breyet" and he
commissions The law creates these two kinds
of commission. and limits the power fonc Then
should therefore be no doubt, in our service, either
that these are two kinds Of military commissions, o.
of tho authority which belongs to each. There ia
limitation, ALSO by law to the power Of "thc commits
sion''-,hat is, when an officer, in addition to Tie
commission which he holds in the regiment IaI
corps) in which he serves, has also a commission NJ
prior date.
The usnges, customs, definitions Of other courI
tries and services, are of little use to u.s. our law
define the power of these CO omissions, and must b
our rule Of conduct, so long as those laws remain
force. We cannot go beyond these laws or wi
would give powers to the commission which "
laws do not give. We cannot fall short Of them,
we deny powers which the laws give. A Sound
common-sensc Interpretation Of our own laws, 81
Now let us see what our own laws say on thts
subjects. The law which refers to the power Of ouI
military commissions, is the one usually dcnompsI
ted the Rules and Articles of War; and the only partI
of that law which need I've referred to, arclsa
and 81 These are as follows. (See page ZIG CpaiI
edition Of Military Laws:)
"Anr. 6I Officers having brevcts, or commsson
of prior date Of those of the regiment IN who
they serve, may take place in courts martial and
detachments, according to the rank given TO thea
in their brevets or dates of their former ccmmy
sions; but in the regiment, troop or company
which such officers belong, they shall do duty,
take rank, both in courts martial and on oeor
ments, which shall be composed only of then ~
corps, according to the commissions in which n1
shall be mustered in the said corps.
"ART. g.. Ifupon marches, guards, or IN quanen
different corps of the army shall happen TO Jom.
do duty together, the officer highest in rank o.
line Of the army, marine corps, or militia, by Gov
mission there, on duty, or in quarters, shall "s
mand the whole, and give orders for what IS nes
full for the service unless otherwise specially ole
ed by the President Of the United States, acOoraH
to the nature of the case"
Art. 80 so far modi6cs this last, as to give psl
dence to officers Of the regular forces over omc'
OF the militia of the same grade.
We believe the foregoing are all the parts o. =.
laws which bear upon the question OF au'hory
the different military commissions giving 'a
We have used the phrase commissions giving y,
itary rank" and by military rank" we mean y
rank which bcstows eligibility TO command.
have made this distinction because there are cop
missions in the army which do not give nun.
rank. AS, for instance, commissions 10 'ne wv
cal department, commissions in the pay ues
ment commissions to military store-kecneft
commissions (if we may use the phrase 10 su.
49, L,,k hall
trmed warrant officers. However that may
all these commissions do not bcstow military J"
and eligibility to command.
Having copied the laws on the sulyect, W
now endeavor TO give their meaning from then =
words:
l. 1t is clear that "brcvet" (commisslonl
Commission" are not the same thing. im
unequvocally makes distinction between W
and, unless that distinction be admitted, neary
in fact, the whole of article 81, of the hue,
Articles Of War-may be said to be WITHOUT w
ing.
Q The authority Of brevets and that Of commT,ss
of"prior date" arc the same. They take cur
courts martial and on detachmcnts when compossp
different corps. These are the only cases 10 a.
brevets or commissions of prior date can 'a.
feet under the 6lst article; and they arc ~ ~
our judgment, without obscurlty There snO.
no obscurity in what constitutes cohr' w. Iy
nor should there be in what constitutes u
ment; although we acknowledge some oS.s
has crept into the definition OF "detachmen',. ~,
ing as minds have been disposed to ex'cnusd
strict the influence Of brevets or commISs'O"'
prior date. z,au1
Boards Of officers organized to inspect ln ,m.
works, to digest regulations, TO form sys' sc
drill, to inspect ammunition, provisions, arnI
ing, or for any similar purposes cannot, u,u
course Of reasoning, however forced, DC So"1 INA
by any unbiased mind, as courts marital Ian,
fore, upon such boards, brevets, or comnl '.S Is,
prior date, cannot take effect; nor can .I"sJ,
officers. as examiners al the military nrnd,g
Such boards cannot be considered courts ~
without destroying the clear meaning snI Lo u
ocal language Of the law; nor can such OV''