The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-01

Army. -
10 hs Editor Of the Union
SIR: As the position 10 which the medical and pay Off
GERS OF the army have attained appears To be still either
misunderstood or mperiectly comprehended by por
ton OF the line and other staff departments OF the army
Deg The use OF your columns 10 present statement
IN regard 10 the actual military position accorded by
law TO those officers and also in relation the privileges
anu mmunilies which they claim under those laws
The acts OF February IL. is47. and March ., lsi7,
which confer rank the officers OF the medical and pay
departments OF the army provide that those officers shall
not IN virtue OF such rank, be entitled TO command in the
line OF other staff departments of the army The med
cal and ray officers claim that and except the right
10 exercise command out Of their respective departments
those laws positively operative and protective as
are the laws which give rank to other officers OF the
army and that the rank thereby conferred takes effect on
all details for courts martial, military boards and other
mixed commissions. where military command is not in
| yolved
IL has long been the custom TO publish 10 the army IN
general orders, acts OF Congress which relate TO that
branch OF the public service and at the same time
amend or rescnd those previously existing regulations, if
any, which conflict therewith-the maxim being that
those regulations imperative which do not accord
with existing laws. In addition to the obvious propneiy
oil this course it has this advantage, viz that OF giving
an authoritative Interpretation OF the law and thus pre-
venting difficulties which might arise from its varied con-
oil the giving them qualified rank, the medical and
pay officers have had combat long established preu.
dice and error unaded by any explanatory general order
resembling or amending those regulations the principles
OIL which were evidently changed by the referred to-
why such an order was not issued is not known unless
indeed II was owing 10 preiudces entertained by some
high in authoiy but il is confidently believed that il
such an order had been issued the claims OF medical and
pay ohcers to precedence on couris-maral, military
boards and councils, according the rank assigned them
| by law which are now fully recognised and acknowl-
edged, would have been rightly understood throughout
the army from the first and that all opposition thereto
would have been disamed. The only question which
remains TO disturb the harmonious operation OF those
laws is this Can medical or pay officer be commanded
by officer whether OF the line or of other staff depart
ments or corps, who is junior TO him in rank and yet
who is at the same time in command of the troops with
which such medical or pay officer is servngi
Before stating the position assumed by the medical and
pay officers in regard TO this question: il is necessary
for the sake OF pespcuy, 10 define the terms line of
the army" and "saff," used in this communication
This definition must necessarily be arbitrary one for
the reason that those terms have noin this country al
least-receiyed any authoritative interpretation having
been employed with varied sgnfcations even in
our laws. In its ordinary acceptation the line of the
army that portion Of the army whose main object
and duty is to combat the enemy. II consists OF GER
tain number of general officers, whose special duties are
OF regiments OF Dragons, rhemen, artillery and infantry
The staff" is that portion of army whose duty it is
TO aid and render effective the line of the army. The
staff OF the army OF the United States consists OF the ad-
uan generals inspector generals Judge advocates quar-
termasers commissary, medical, and pay departments,
and OF corps Of engineers typographical engineers and Of
ordnance. The duties OF the officers OF these separate
divisions of the staff well known to need enume-
ration here. Almost all those officers except the medical
and officers, have received military education. and
qualified to command In view OF this fact Congress
has specially provided that they may be assigned to CON-
mand by the President OF the United States, while no
such authority is conferred upon the President in regard
to the medical and pay officers. II may Judge from
the proceedings of the army board which was convened
IN this city in the fall OF 1850 TO consider the subject OF
rank and command within the army the staff (oiher than
the medical and pay Departmental not satisfied with the
present amount OF authority with which they invest
ed, but seek to obtain the right 10 command of
troops the officers OF the ne in all where they
would otherwise fall under the orders of officer OF in
feror army rank II this right could with proprisy be
invested in any portion OF the staff II surely ought to be
conceded TO the engineer corps, whose duties the
purely scientific and military Of any but Congress, FORE
seeing the embarrassmenis and dangers which might
arise from the neglect OF staff duties consequent upon
the command OF troops. has thought proper to guard
against the possibility Of such negec, OF important duties
the part OF engineer officers, by enactng that they
not TO they subject 10 be ordered upon
any duty beyond the line of their immediate profession
except by the special order OF the President of the United
States"
The medical and pay officers claim, in virtue OF the
rank conferred upon them BY existing laws the ex
emp,ion from being commanded by their Juniors in rank
which is now. may hereafter be, accorded 10 other
staff officers. The same reasoning which will apply TO
applies with equal force TO the other. The present
Chief Magistrate, in reviewing the proceedings OF re-
cent urt-mariia was evidently inclined TO place all
staff officers in this respect upon the footing bat
finally made his decision with positineS only far the
medical officers concernedo w.t. that, they
not command il follows that they must be commanded"
II The decision above quoted is correct and gives true
Interpretation OF existing laws, the legality OF extending
that decision include officers OF the other staff de-
parments cannot be questioned The medical officers as
in duty bound submit TO the orders OF the properly cons
tu,ei authorities, and patiently await the further deve
opmeni of the principle involved in that decision They
have no aspirations to command, and willing TO be
commanded by the officer IN command OF the troops with
which they serving, provided officers OF the other
stall corps likewise commanded II, because med
ical officers cannot command. Il follows that when
duty they must be commanded" the process OF rea
soning mast lead TO the conclusion that other staff
officers command troops except by special assign
rnent, IL necessarily follows that unless 80 assigned
they Also when on duty, must be commanded.
This communication has already been extended 10
greater length than originally intended. The claims
OF medical officers to the same military privileges and i'm
derslooi by the profession large, who have twice
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