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

10 The President Of The Senate
| SIR The Undersigned officers OF the United States
army feei themselves impeTayely called upon 10 pre-.
sent hsr opinions upon the subject Of breyei rank, and
Respectfully ask that the may be laid before the
Senate OF the United States Ia order that the subject may
be properly brought before Congress- to the end that
question which has more less agitaed the army ever
since the war OF 1912 may be legally and finally put 10
rest.
The immediate occasion we now have for presenting
this subject TO your attention may be in a letter
from the headquarters OF the army under the direction OF
the major general commanding the army. dated "Adju-
iant Generals Office, Washington, November IT. lsl5,'
addressed 10 Breyet Brgadler General Taylor, and which
was printed ''as circular for the information of the
army by order OF the major general commanding, the
sumed may be had at the Office OF the Aduiant General
OF the army The letter appears 10 have been written in
reply TO certain questions the subject OF breye rank,
submitted by Brevet Brigadier General Taylor, which
seem 10 have beeen proposed with view OF obtaining
the decision OF his excelency the President OF the Uni
led States The general nchef proceeds 10 say thai the
letter oil General Taylor was promptly laid before the
Secretary of War. for the consideration of the highest
authoy but that, by desire of the Secretary OF War,
(he not having leisure at this time fully examine the
question himself) the general chief gives the follow
lag as his own general answers to the queries proposed
by General Taylor and then follow the OF the
geGeral-l chief-ISee appendix A.
We cannot avoid expressing regret that the ques
tons submitted by General Taylor did moi reach the
highest in authority" for persuaded that the un
preIndiced and uncommed mind OF that high function
airy would have found ample reason 10 reatim the de-
clsions OF his predecessors Office and which have BEEN
believe invariably adverse the opinions OF Major
General Scott We know that the opinions OF late Pres
dent Adams were OF this character, and that compre
hensive and remarkably lucid report upon this subject
was made by General Porter whilst Secretary OF War;
under the administration of Mr. Adams, adverse to the
views OF General Scott which report printed by or
der OF the Senate House of Representatives, and may
be found among the printed documents of Congress about
the year 1925 Wefurlher know that President Jackson
in formal order published 10 the army in the year 1929,
decided the question OF brevet rank also adverse the
views OF General Scott the principles OF which decision
ma rnu hnt thats hpv
been gradually step by step, undermined, and must
be regarded as abrogated, if the principles expressed in
the letter Of the nth OF November, 1916, be
sidered valid We repeat that deeply regret that the
peculiar position of Major General Scott with respect
to the breve question did not restrain him from acced
ing TO the desire oil the Secretary OF War; and prevail
with him withhold from the army the expression Of
his individual opinion, sustained is by the weight
OF his authority and high character, upon this much-con
royened subject, in which he had been through great
part OF his life interested controvertas which makes
II impossible 10 suppose that his opinions be
Without hs, a n nm as nature
common with the rest OF the army, he might well have
been willing TO trust the decision OF the question TO the
constitutional commander in chief OF the army, and that
il would have sustained his character for magnanlmty
had he carefully and sudously abstained from fore.
staing and anticipating the decision OF the Executive
II is not wish, however, 10 occupy your time by
general reflections upon matters which, however peril
nent in themselves may be regarded collateral and
aside from what we hope to exhibit clear argnmenta
tive view oil the brevet question, and will therefore pro-
coed at once TO the merits of the question itself.
In all questions of controversy where men divided
in opinion. there must be some point where men separate
from common ground OF argument; and on close ex-
animation, this will always appear TO be, among con-
scienlous either the misunderstanding OF some fact
Die We expect 10 show. with The utmost cleaness
that the real ground of what regard the
neous views OF Major General Scott, far those
views assume the appearance OF argument founded on
law, is the assumption Of wrong princple--one OF the
most erroneous and dangerous that has been discuss
ed among men--a principle which has been warred
hy md hnru nufln
the dawn OF modern hisory-a principle by which King
John was brought into conflict with his mobiles, who
PEELED him lar TO relinquish it sign the great
charter regarded as the foundation OF English beIya
principle in the struggle 10 support which Charles
brought TO the bock-a principle the partial destruction
OF which deluged France with The blood OF her people
and that is the principle of the despot claiming rule by
divine right, and regarding itself possessed OF all
power, except so far as in early ages was restrained by
the blind law oil necessity, but which has been in
recent times put under restraint by laws emanatng
from the wisdom and love OF liberty OF the people We
find this principle stated in the letter of Major General
Scott in the following few words, to wit: ''Al military
rank derived from law must be equally valid, except so
far only il may be restricted by law"
In these few words we see, indeed, that II is implied
that military rank must be derived from law, which, in
this country, is certainly true but also that il
claims for military rank validity for all purposes, except
so far il may be restricted by law And this is the
despotic principle upon which General Scotls argument
rests thus placing in the foreground false principle
instead oil that true one, congenal to The genius OF our
government. that oil military rank is palid far only
lac.
To see the force OF this we appeal TO the constitution
OF the United Staes-an instrument by which the people
The States have created by grant oil powers what we
call the general government, the power OF which Is not
valid where restricted bat valid only far grant
ed all powers granted being expressly reserved TO the
people the States; aud this principle apperlains TO
every officer, both civil and military created under the
government, not OF whom has have par.
ucle OF power which is not granted BY ino.
General Scott ners, upon his principle. that brevet
rank is valid 10 the full extent OF lneal rank, except
far IL is restricted by the Gsl, G3d and 9Slh articles OF
war but why he has confined The extension OF it to lin
cal rank he has not explained, which he should have
done, upon his principle brevet rank must be equally
valid in all the stall corps ot the army for IN articles OF
war there is found restriction upon btevet rank for
bidding those who hold il from claiming rank and con-
sideraon in those staff corps. Ii this be and Gen.
Scos principle be correct there is no reason why not
rank and consideration in all any OF the staff corps
respectively; for The 63i article OF does not
restrict line officers from assuming rank and consideration
the corps OF engineers but restricts the engineers from
being subject 10 be ordered any duty beyond the line
OF their immediate profession, except by special order OF
the President OF the United States What answer can
be made TO this other than by ng up the true principle
in opposition 10 that OF General Sco-to wit, that the
officers OF the various corps and departments OF The army
have such powers and privileges OF rank granted
to them by law, and not such those wherein they
not restricted by law And how can be pretended that
brevet rank exempt from the operation OF this prnci
pie or how the assumption be defended that breve
rank valid for all purposes except wherein IT is restrict
ed by law, instead OF regarding il a creation OF statute
law and thus looking 10 The law itself to ascertain lis
rights and privileges So far, them from regarding the
Glst article OF war (as Gen Scott does) IN negative
light, restrictive in lis principle Il can only be coDsd
cred as positive and as containing within ITSELF grant OF
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