The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-01


The constitution. The same reason imposed upon Con-
gress the making OF rules and regulations for rank and
command and in uasqpoeai terms il has invested in the
officer highest in rank in the line OF the army.
There is however another view OF the relations OF the
LIST and cad articles OF the OF 1918 AL
though is certain that Congress. in its code oil 1906, did
not contemplate the breye system OF 1875 il is by no
means that in 1918 retrospect was not had TO the
olsl and 62d articles Of war; and that the bsp as
defined in them, not intended 10 designate the
trspe commission il then creating. Ii is In fact
reasonable to infer that such eirospecon was had and
that providing in 1918 for he pay and emolumenis OF
brevet officers" intended that brevet command
should be abridged OF all effect beyond the two cases
specified in the 6lst article OF This view OF the
hamonzes the act OF 1918 with that article. One
defines the instances when brevet rank shall take prece-
dence by rank the other is styled An act TO regulate
the pay and emolumens OF brevet officers, and only de-
claes when such Offices shall be entitled 10 the pay Of
their brevet commissions. This is its language he II
enaeied, &C., That officers OF the army who have breye
commissions shall be entitled to and receive the pay and
emolumens of their brevet rank when duty and hav-
ing command according their breve rank, and at no
other time" The command according TO their brevet
rank here referred TO- is incidental and not by assignment
1t follows the seniority OF the commission in the line OF
the army by virtue Of law, and by accident often involves
command according brsust rank" held by the same
officer. The pay is incidental upon such occasions.
the senior officer present with his regiment He COM
mands his regiment because he is the officer highest in
rank in the line of the army there on daty II at The
same time he is breps colonel the of 1918 gives him
coonel's pay. because he has colonels command and
has the brepet rank accordingly"
Here is the end OF army legislation on this subject
Mark the and the connexions and draw the conclusion
First the laws of I776 and 1906 had no relation 10 the
present brevet system, which they contemplated
Again, those laws. in the most significant language fixed
unaerab yena,ence to the rule oil rank aud commend
vesng it, in all cases but f,oo the officer highest in rank
in The line OF the army duly Again, this rule has never
been repealed altered by subsequent legislation and as il
is that supreme laO flowing from the constitution requir
ing the direction OF Congress. il s not aterab nor can it
be varied but by such changes Congress BY law may
hereafter make. Again, the presumption is strong that in
1918 Congress intended that the present era commissions
should be brought within The restrictions imposed on
rank and command in the 6ls article And again. these
laws the consequence of an injunction OF the cons
tuition upon the Congress- and must be executed BY the
President in their spirit and meaning. These cannot
be mistaken they give vitality to the highest commission
in the line of the army while such commission opera
tive and present duly II only be rendered mop
erave by the direction OF the President, when, accordng
to the circumstances OF The case sage, neciency ig
norance, other nirmy" he exerts his discretion by
Suspension.
The most important regulation in the military service
II this were not by law removed from ful exigences
and the caprice and will of the constitutional commander
in-chef, il would be open TO The influence Of aporisisn
and jealousy, the prejudice and destruction of the
rewards OF distinguished merit and exalted devotion in
battle
in experience The wisdom Of the policy is too apparent
for illustration argument II is intended mark and
Yerord distinguished military service. The very nature o.
things makes not only proper but necessary No gov
eminent has yet been debased by cupdiIy or SO
insensbe OF its interests 10 fail 10 provide plenary
and ample rewards for extraordinary services in whatever
capacity rendered The ordinary relations OF debtor and
creditor between the government and all lis officers are
monthly balanced al the treasury Every agent then
ceves, according 10 the nature OF his service the price
OF his reward. The pecep is OF divine origin, that
the "taent bias been used" the OF pay shall
be made Mark and apply TO the nature OF military ser
vices these axoms OF policy, and notice The results The
dangers OF ordinary and extraordinary The orL
nary the hazards Of baa The tolls Of the camp
and he praions aud hadshps Of eampaigns in all these
every officer is expected TO do his duty with 6del
y aud constancy, and his only reward is The con.
sciopsnss Of having performed his entire duty. Tn,
aOrdinay hazards OF battle all OF another nature
They generally conded officers seieeted for tried
and known qualities, and upon their daring and success
fu execution the issues Of battles greatly depend The,
aoas desperate their nature, and illustrated in III,
Joriorn hope the advanced guard other first demon
STATIONS OF battles, where the first shock OF the enemy
received. The bearing and conduct of officers on such
occasions, mpartng TO army the moral inspiration Of
inyncbity and the enthusiasm and prestige OF victory
no government has yet failed TO approve by praise
and TO reward with substantial promotion.
The present brepti system adopted by our govern
with a view ark and honor m,riforou and gal
iant soree In battle Without this system the ntar,
code would be wanting in that vitality and enugy callet
forth on occasions OF imminent hazards and danger wher,
the fires iupeiosiy and activity OF younger officers gen
orally selected for such service insure success
Whenever successfully and gaianily executed, young OH
may reasonably look for promotion and reward tina
many years OF ordinary service in The slow progress
ordinary advancement would be necessary attain Tn.
fact that the system has been abused argument il
favor Of the repeal No institution tina, human
and human have yet devised has been IRE,
from abuse The main abuse OF the present SYSTEM how
ever may properly be charged upon those who nov
complain Of than 10 any imperscfen in ihelaw should
be remembered by Congress that political interference
with The Executive, and the opportunities OF funeiiona
RES in official position and influence, caused the be
sowal OF inmeritd brspef commissions in conformation
the spirit Of the law the OF the War Depart
commanding general.
| The army laws In general have been devised and
adopted understandlngy, and with view 10 simplicity
and harmony. Perhaps other code OF equal magni-
tude will be found with so little conflict and confusion II
seemingly strange that BY construction and
so much confusion has been created and so great mis-
chief in consequences Hasty and Imperfect legislation
however will only increase the mischief is proposed TO