The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-01-24

Secretary Porter whose opinions have been referred TO-
had both been distinguished soldiers and that the former
continued for several years major general In the army
ailer the close OF the OF 1912 President jackson
was intimately acquainted with the question OF breyet
rank and no less acquainted with the feeling OF the army
upon the whole subject Neither had be ever been brought
INTO collision with bevet rank in his own person. and
must mus De supposed TO have been in the most desirable
eohdtioh 10 form an accurate and unbiased opinion IN
relation 10 that rank That opinion was az already OBJ
served the very opposite TO that now published 10 the
army by the major general commandments Appendix
b. which is copy OF the order of President jackson
on the sablec OF breye rank II will be seen al glance
that the principal portion OF il has been almost literally
transcribed into the General Regulations OF for the
army, as may be seen by comparison OF Il with the
nth, i2th 18th, l4h 10Th, and 10Th paragraphs Of those
10th paragraphs designated for the information Of
the army by the general.n-chief, " more less
pugaant to law and therefore so far null and void"
The possible contingent alternatives TO which officers OF
the army may feel themselves reduced by these conflict
ing opinions and authorities OF the highest officers OF the
government, compelling officers on both sides OF the qnes
lion their supposed rights the hazard of their
commissions, and il need be, their lives, fail
be OF the most dangerous character, preadcia TO good
order and military discipline, il not Threatening their
entire destruction; and to this auson the undersigned
would with all soemnity desire to call the serious
tention OF Congress-, point oil SUFFICIENT Importance
in itself TO show the necessity Tor Legislation upon this
subject
It's not our design TO enter into minute criticism of
the details OF the letter OF the 18th OF November beev
ing il to have been sufficient to have shown, think
have shown, that its main feature and leading pnc
pie is false one wholly alien the genius oil all free
governments that il is despoc principle with which
the and intelligence OF man has been in conflict
for ages but, nevertheless, we cannot help adveng TO
remark able contradiction the face OF the letter, which
shows how completely the generalinchief was blinded
by his preconcepons and determinations. He sets forth
mat paragraphs II. "a, 10 ana 10, IN me General heE-
10 the law oil the land and therefore TO that extent
null and void and he undertakes TO show this BY claim
ing Tor officers holding stall and brevet rank BY virtue Of
their commissions positive rights under the 6st and 62d
of the rules and articles OF war These rights, as he
supposes they are restricted in the exercise Of by those
NH of The IN armV
towards the close OF his letter he says that In respect
to staff officers in the presence OF seniors, assignment by
the senior necessary because 10 him belongs
say whether such officers may, without prejudice 70
staff duties and the rights OF Others he assigned to the
command o. .oo y, oinef era s sns o.
strict staff officers the exercise OF rights they hold
der the law, but subordinate commander distant
station separated from all immediate appeal TO the COM
mander chief may restrict those officers in the
else of those rights and determine when they
shall shall not be assigned to the command OF
troops"
We cannot close this communication, without remark
ing that we fully appreciate and believe we understand,
the real intention and importance OF brevet rank and that
the noble emulation It may give rise 10 IN the army when
properly regulated is OF incculable value But when
properly regulated. when rights and privileges are
unlawfuy added to the honors OF that rank making an
unhoy conjunction, the rank itself will be sought for I'M
der the influence of lowered not 10 say degraded, i'm
pulses. Those have little knowledge of human
lure who do not perceive that, Just so far
worthy object be sought for under the cloak Of
noble one The means employed in its pursuit will, bya
ec and take their character from il and II from this
cause, as believe, that some few have resoEted 10
and shifts obtain the advantages OF brevet rank
which men OF unperveed feelings would not deign TO
use BY these remarks we trust you will perceive that
do not destroy brevet rank, but to purify IT,
by elevatng II to an honor possessing only lawful priv
leges and dvesting it of those extrinsic advantages
that have gathered around il by unlawful upon
the proper rights and privileges OF the line of the army
we believe this object would be fully attained by i
decaraory act of Congress- affirming that the righa Of
brpf rank shall be deemed 10 be pad far ony Asy asx
4
iacmen body Of troops from the nlsin body pefrw
particular service and TO be absent for limited smi we
he y0 Of s ana s
States, the propriey and necessity OF passing sush
declaratory act. 9Ia,5 ~ n
It will be perceived that this communications has thns
far special reference 10 the unlawful extenAfon pf the
rights OF bevet rank but desire TO add that Ia re-
gard 10 the principles of the letter Of the OF N0vem
Der the subject OF the staff feel called upon 70 exc
press dissent from the correctness of hoSe prnt
pies We have been accustomed Tor many years Te-,
gard what is called rank. in the organization eff the
quaermasters department, as rank IN that department.,
and so also the rank OF officers in the commissary and
other departments of the army has been regarded
rank in those departments respectively; and per-
suaded il designed by Congress authorize the
officers OF those departments command in the
line The first encroachment by which the officers OF
the quaernaseIs department, since lis establishment
under present laws, began 10 consider themselves pos.
sessed OF The right OF command in the line, was in 1885,
when officer of that department assigned TO the
command in the Creek country and subsequently, in Flor
ida II was not until several weeks after the arrival OF
troops at this place that order received from the
major general commanding the army (see General Order
No. H. Si5) assigning several officers OF the quarter
masters department TO duty with the army OF occupation,
containing a significant paragraph in the following
words They will he obey ed and respected according
their rank in the army" This order the face OF it
implies the PRONUNCIATION OF new principle IN regard to
staff officers If their rank in the army had not hth
been properly respected The principles oil the let
of the nth of November leave doubt as 10 the
origin and purpose OF that clause in the order referred TO-
The order that the officers of the quartemasters depart
TO be respected according TO their rank in the
army" is by the letter OF the 18th OF November TO
be understood command that they be respected
according TO their rank in 1.-THE line OIL the army The
senior officer oil that department with us, colonel
in the staff might declare that IL his seniors in rank were
leave the army Of occupation, he would assume the
command and this position have night TO suppose
would be sustained by the general .in-chief, nowhh-
standing the G2d article OF which requires that the
commanding officer shall have commission OF the
line" What then, has become OF the Distinction be-
tween the line and the sta recognised IN all our laws
those passed during the and subsequently, tSee
Cross's Laws, 1881 II will be that where The
legislation is for the "army OF the United States, the
act Of Congress defined the act Of June 90 1872
artillery Dragons rnemen, and infantry distinctly
named Sometimes The legislation is for an additional
military force" the act OF January o, 1913 Again,
the legislation is for the better organization OF the
erd staff Of the army" the act Of March 3, 1913, in
which there is legislation for the line the line not
being mentioned, except where authority is given TO
transfer officers from the line the staff in section
4, &c Occasionally find OF Congress for parc-
uar branches OF the staff that OF the ID OF august,
1872 and that of February s, 1915 The act OF Aplh
IA, 1878, like that OF March 3, 1919, is for Regulating
4 al - l. mali N nI