The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-19
Army Intelligence.
nu.x nnH-ue. NJ.
WAR DEPARTMENT, ADJ. GEMS

WAR DEPARTMENT, ADJ GEN g OFFiog,
WASHINGTON, March 8, 1860. !
1.-The following orders have been received from the
Secretary Of War
Ny attention having been called to the claim Of Lieut.
Colonel J. T. Johnston TO the rank Of Brevet Colonel,
have maturey considered the same and arrived NJ the
lieutenant Colonel j. Johnston, First Cavalry u s.
Army, WAS commissioned Brevet Colonel " date, from
l2h April s47 commission bearing date 18th Of August,
lS48.
He was subsequently commissioned Brevet Major and
Brevet Lieutenant Colonel respectively from l2h
April l847, and 18th September, lS47-commissions
bearing date Sd March, 1849.
On the l2th April, ls47, he in commission as Lou
tenant Colonel Of the then existing regiment Of Vogeurs
United States Army, in which he served until he
bis original rank and date thecorps o. opo
approved July 10, lsls, entitled An act 10 amend
act- entitled An act supplemental to act,"-en.
ing war between the United States and the republic Of
Ne xico, - and for other purposes.
law that authorized and enabled the President,
by and with the advice and consent of the
Senate, thus 70 transfer Lieutenant Colonel Johnston
70 the Typographical Engineers and 70 restore to
him the rank and date he held when he commissioned
Lieutenant Colonel Of vogeurs, must be considered 40
wholly Independent OF those other provisions OF law, In
pursuance Of which he commissioned Bscvct Oolope
Brcvet Lieutenant Colonel, and Brevet Major.
The Law applicable to Brevet commissions ia entirely in
dependent OF the particular laws under which lneai
missions conferred.
Lieutenant Colonel Johnston was commissioned Lieut.
Colonel In pursuance Of the law that created the regiment
Of United States vougeurs, and he subee-
quenuy transferred to the corps Of Typographical En-
day anterior 10 the existence creation Of tho
said regiment Of Vogeurs In pursuance Of tho law spe
cia'ly authorizing such transfer.
The commission Of Brevet Colonel comforting rank from
1Nh April, 1S47 q commission conferred IN pursu-
ance Of the general provsions Of law authorizing Brevet
commissions, and perfectly valid In itself. without
ference TO any question that might arise concerning the
commissions held by Lieut. Johnston In tho corps
Of Typographical Engineers and in the regiment Of Volt
geurs
Tho commissions Of Brevet Lieutenant Colonel and Bro
vet Major subsequently, conferred Lieut. Colonel John
ston deprive him OF hts legal right TO the commits
sion Of Brcvet Colonel although these latter may have
compensate for the supposed loss Of the former.
Al previous reductions Of the army, officers who had
received Brevet conmiseions and who commission
ed anew or transferred 10 grade and rank Ices han thas
which they held when Bsevet commissions In ques-
ton were conferred retained their Brevet COMMISSIONS,
Notwithstanding the ABSOLUTE loss Of their original e1
In this connection the Of the late Generals Ma0ob
and Towson may be particularly cted The former re-
tanned on tho peace ncsS - shs.
the grade Of Colonel Of Engineers, (hh ooo OF
der General being abolished BY hw) but hia
The latter, when Captain OF Artillery and Breves
Ucuenau. Colonel, was appointed PaymAater
General-an Office then comforting no military rank Hs
tight 10 the Brcvet Lieutenant Coonecy never ques
toned and General jackson conferred upon him tho Bro
vet OF Breader General, passing over that Of Colonel,
becsusc be had twice been breveted Lutenant Colonel
The usage and precedens OF the service therefore,
well the actual law and facts Of the case render my
imperative duty TO recognise the claim Of Lieutenant
Colonel Johnston to the rank Of Brcvct Colonel
He will therefore be recognized Of that rank from
the date OF April H. ls47 according 10 the terms Of hi
commission JOHN B. FLOYD, Sec. Of War.
IL Brevet CoonelJ + Johnston he assigned 70 duty -
Acting Inspector General Of the army according 70 hs
brevet rank.
By order OF Tie Secretary OF war
8. COOPER, Adjuant General