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

chief gives the following as his own general answers to
| the queries yos have presented

chei gives The following as his own general answers 10
the queries yos have presented
Paragraphs IL. Ia u.s. and 10, in the General Rsla
hons for the y are all more or less repugnant 10 the
law Of the land and therefore 10 that extent null and
void See the 6ls and 62d of the rules and articles OF
war, and also 'lhe custom OF in like casesa rule
OF construction given by Congress IN the o9h oil the same
articles,
But il is further held that the repugnan parag raphs
question subsequently rescnded by the heading TO
the General Lisi in each annual official Army Register
since ls4l [See that OF the present year. 2s1 That
wei considered act OF the Executive By II, and the
General List the rank, precedence, and command OF ey-
cry commissioned officer IN the army down to captains
inclusive, whether by breyet former commissions, or
otherwise, will be found 10 have been settled annually
since 1871.
"Any military rank giving the command OF troops)
which enables an officer 10 Join in mixed duty win an
officer or officers OF any other permanently established
corps Gas regiment corps OF engineers or The marine
cops is, Tor that precise reason rank oil te line oil the
army in the language OF the 62d article OF war; well
accordance with the express terms OF the 6ls (rst
part) and the heading OF the General List IN the Army
Register Hence brevet and former commissions as well
militia commissions, ION mixed duty) give rank IN the
line Of the army. .
An military rank derived from law must be equally
valid except far only il may be restricted by law
The only legal restrictions military rank known IN the
United States 10 be found in the 6st 63d, and 9sh
articles Of war In the ost breyet and former commits
sions restricted in officers own unmixed corps,
and but for the 9Sth any senior militia ofcer would on
mixed command all junior regular officers OF the
grade, whether by brevet former commissions, or
otherwise No further restrictions be imposed.
cep by The same authonty-the Congress OF The United
States
otherwise specially directed by the President OF the Uni
ted States according 10 the nature Of the case. evidently
does not contemplate that junior officer should ever be
placed over senior, but only that senior officer may
be prohibited from interfering with some special com
mand OF a junior. The Military Academy is an in.
stance That, although under the rules and articles Of
war, is, by valid regulation, carved out OF military
department, division and the general command oil the
army.
1916, that regiments and corps, used in the 6lst ar
cle of the rules and articles OF [ael synonymous
Is, both are permanently established corps
according 10 General Washington. in the case OF brspst
Major Mcpherson. -[Rogerss American Biography, P.
1916
.. In general orders No IL, of April 15 1915. (sgned
by the Secretary OF Wary breve IS decided U be, as II
is called on its face, commission.
"If there regimental colonel in the present
army OF occupation in Texas senior TO Brevet Brgadier
General Taylors regimenial rank would not change
the command OF that army unless such colonel also held
senior commission brevet brgadier general and this
independent of assignmsna term not more applicable to
brevet rank than TO any other rank That army de-
achment from the army Of the United States, and is,
moreover, composed OF different corps and what is APP
plcabe to the whole is equally applicable TO its smaller
temporary corps when mixed.
"The formation OF such, whether temporary brgades,
baalions smaller detachments, (mixed or otherwise
depends the discretion OF the commander oil the army
of occupations governed by usage, the actual state and
wants Of the service But when corps become mixed,
whether specially or by accident. the senior officer in
each, whether BY breyet former commission or other
wise, becomes entitled TO command from the happening
of the junction
assignment by the common senior necessary because
to him belongs TO say whether such officers may with
out prejudice TO staff duties and the rights OF Others be
assigned TO the command OF troops In the absence OF
senior, staff officer, with senior military rank as above
would clearly have the right TO decide tina! question him
self
In the battalion of eleven artillery companies (of diff
ferent regimens) serving in the army OF occupation in
faniry should additional field officer be deemed neces
say with that battalion by the commander OF that army,
the second officer of The battalion, whether such by bre
vet or otherwise would be entitled TO be assigned
Ijor. 81 am, SIR very respectfully,
.R. JONES, Adjutant General"
Brevet Brigadier General TAYLOR.
The foregoing letter is printed circular for the in
'0" Bv order H Of army JONES' Adutan General
ApJuTANT GENERALS OFFICE,
Washington, Nov. 10, ls45
APPENDIX B.
Regulation by command Of President Jackson concerning Bsust
| and SiaG Rank.
ApJUTAsT GENERALS OFFICE,
Washington. August 10, 1929.
lORDER-No. 81.
The following regulation approved by the President Of
the United States, has been received from the War De-
partmen and Is published Tor the information and gov
eminent Of all concerned;
Regulation concerning Rank and Commend
al. Brevet rank will give command, except on de-
tachments composed OF different corps and within the
80. Detachment means a body OF troops sent out from
the main body 10 perform paIlcuar service and 10 be
absent for a limited time When such detachment is
composed OF different corps, breve rank will take effect
in conformity with the 6is article OF war.
40. Under the article oil war; breyet rank Will
take place courts MARTIAL when composed OF officers OF
different corps.
- In regularly constituted commands, such garri.
sons posts, departments, regiments, corps companies,
battaons brgades divisions, corps darmee or the army
ITSELF brevet rank is 10 be exercised except on special
assignment
IS Officers having rank in the line OF the army, the
staff by breve, though eg ble 10 command, will not
assume the command unless specially put on duty with
that intention.
&c. An officer intrusted with the command OF post,
detachment guard, separate command, will not suren
der TO another unless regularly relieved from the duty
assigned him, except in the OF sickness or inability
TO perform his duty when the officer next in rank pres
ent, and duty with such command will succeed as
matter OF course.
at An officer on duty with, nor belonging to any
OF the companies baalions regiments, corps, com
posing a command, cannot assume the command. He
must first have been put duty by some competent au
hority TO make him a part OF the command, before he
can assume or exercise The command
IS. II different corps happen TO JOIN or do duty TO.
geber, the officer highest in rank, by his commission in
the line OF the army, present on duty, has the right to
command the whole and TO give orders Deediul TO the
service. Breve officers, officers having hevets or
comm ssions OF prior date 10 those OF the regiment in
which they serve cannot, by virtue OF such beyets