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

the existence oil trivial errors In the Maryland work.
shall not find difficult task TO defend the proprety
thereof against such 6nical critics Mr. Archibald Rus
sell, although his sagacious criticisms may bring him
into correspondence with those who are to decide upon
the plan for compiling the seventh census.
J. c. G. KENNEDY
The Policy or the Rrevst System and its History.
10 the Military Committees in Congress:
The attention OF Congress has recently been directed
supposed evils in the organization Of the army and bills
have been proposed intended TO purge the mischief
Among many fanced abuses, the ehes supposed to
originate in favorsm. consequential upon the bYepe sys
and the staff Organization The object Of this commun
cation 10 vndcate the present brvst aos founded it is
believed sound policy and erpedsncy and to show that
they should remain untouched upon the military statute
book If their history and policy are understood it is
not believed that the folly OF JeW army officers, the
dsaGction and jeaosies Of nay will persuade Congress
to alter abolish them But in Jact the mind OF Con
gress has seldom been engaged upon the policy and
expedency Of the general system OF army laws, that
their relations 10 each other but imperecy under
stood, and their harmony code but partially, If at
ALL studied careful Interpretation of the present mill
ary statute book, and its administration under such rule,
would doubtless prove wholly sufficient to the cure OF
abuses which hasty i'll advised legislation would only
multiply An act of Congress dsclaraory OF the meaning OF
few laws, seemingly ambiguous, all that is necessary
to this end These views will be clearly illustrated by
| review Of the brepet system.
September 90 l77G the substance OF the Glst and g2d
articles OF war adopted in the military code in arti-
Giles a. 25 and &C. of 49, for the government OF
the continental army. They are as follow
"ARr. "a Officers having breves or commissions of
prior date to those oil the regiment in which they
may takoplace In courtsmaria and
composed OF different corps, according to the ranks
them in their brevets, dates of their former
but in the regiment troop. company which such bre
officers, and those having commissions OF date,
do belong, they shall do duty and take rank both
martial and deachmen,s OF their corps according
the commissioner which they are mustered in the said
corps a. r. -
ferent shall happen to join do duty togehe the
eldest officer by commission there, duty. in quarters,
shall command the whole, and give out orders for what is
needlu the srvce-regard being always had
era ranks oil those corps and the posts they usually oc-
.Anr. 26. And in like manner also II any regiments
troops of horse foot shall hap
of other troops the service of the United States
the eldest officer without corps shall take
him the command OF the WHOLE and gvc the necessary
ders TO the service"
These articles, without any alteration, continued
in their full force until 1906 and in the foregoing form
they literal extracts from the "mniny aci' govern.
ing the English army. The only military commissions in
our army I776, and until the act of July 6h 1872 that
first established by law breud and brepe
rank commissions of general officers. commission, Of
the line, and commissions ia the st9f 1t will not be con-
tended that these articles intended oapply any com
missions that did not then exist The Commissions OF
prior dates commissions Of officers who had served
in the provincial army and who abandoned that ser
vice and joined the continental organization serving
the army OF the revolution The intention OF article
2ih give precedence in the 1t specifies TO The
provincal commissions" which OF prior date 10 tn,
organization OF the continental regiments. The tern
breret used in these articles be ,choy ihout sig
nticanes at that time such commissions were in tbs
army and j, evidently oversight 10 legislation
adopting the language OF another service which had
application TO our own
The present army code known the "rues and arti
clcs OF war;" approved 10Th April 1906 still adopts III
term brevet in the same connexion, although no Law
had yet authorized such commission. The substanc,
OF the foregoing articles incorporated into the is
and 62l articles, withou, any material change OF Ian
guage in military and legal significance. The words
"uness otherwise specially directed by the President
the United Sates according The nature OF the case
were added at this time at the end OF the cad article
and this vague and ambiguous sentence has been tn
root OF all the evil that has grown out OF the presen
breve, system No mind that keeps in lis eye the historical
dates OF such OF these acts OF Congress related TO tn
commissions in the army at the times Of their passage
mistake their nlenton msapply the discretion vesie
in the President 10 give efficiency and force to the ga
amino OF the whole. The unmiaaktabs gist OF the i've
articles is TO assign precedence TO seniority OF commission
in The line OF the army oil other commissions that he
existed except in the two OF and de
tachments when composed OF different corps. No in
stance is known OF assumption by the President unit
many years after the 6st and cad articles adopted
TO this discretion in giving precedence TO any staff
ether commission, it's senior in the line, 10 command
By the act approved July 0, 1919, the President
authorized 10 confer brcpst rank in army. This
ne beginning Of the present system. II perfected b.
the act of April 10, 1918. which provided "lhai bsps
commission should thereafter be conferred but by
with the advice and Of the Senate Since tina
date breve rank and commission, n their present mill
ary and legal sense, have been perfect The form o.
the appointment by nomination and confirmation and b,
commission, is the that OF all other mtar,
commissions IL is. thea, apparent that this commission
created all other military commissions created
equal in all the legal nvestluyes OF authority, woulc
take precedence according to seniority, unless lega
mpedment is opposed Law has never imposed this dis
aby-interpretation OF law has. Here lies the diff
Guilty. But will proceed to resolve it, With this view