Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-01-26

Tho Office of brigadier general is one thing; the
honors dignity ii le rank of brigadisr general is
quite another. The act establishing this Gce SHOWS,
clearly what are its functions sud CHARACTER When
ever brigAdes or divisions ergznIsd the President
shsH appoint the handing officers for such brgaSes
ard divisions, subject 10 the col frmaton OF Congress,
who shall hold their offices only while such brigades
and divisions are in service" Sixth secton set ON
March, 1901 To be brigadief general, is to be the
commander Of brigade. To be olarteImAster Cen
eraI /, TO receive the Appointment and to discharge
the duties required by Law Of the person holding that
Office. The rank, the pay, the allowances are mere
appurtenauces TO the tfce aud may, at aty time, DC
Increased or diminished At tie discretion oil congress
The duties of the Qlartermater General are the same,
whether he be called coloae or general, ana without
reference to his pay or allowances 49,
The right TO select the persons who shall NIL tue oil
frent Office estabshed by Congress clearly belongs 10
the President and Senate. Bls nothing OF this sort was
either intended attempted by the act OF zen Aarcn,
1853 The Office Of Qlartermaster General had been
established by the acts Of February and March, 1861,
and had been fled in the msnner prescribed by the
Constitution the Is h February, 1867 The PRESIDENT
had exhibited no haste in making the selec ion Colo
mel Myers had been appointed Assistant QlartermAster
General had organized the department. and discharged
tho duties Of Qlartermas er General for ten months be
lore be received the appointment He continued to
discharge the duties for thirteen months after his ap-
poatment, though, at any momen. within three Gays
thereafter he could have been removed by the appoint
ment of ''successor." For under the Constitution,
the Peesdsrt had che power and in the opinion OF the
committee twas his duty TO omnate A. o. Myers, or
his successor the Senate Toe rak attached to the
Office he held was that of colonel in the general staff"
aud the pay that OF onsl OF cavalry. The Congress
desired TO change both the rank and pay of the office,
aud did So By the act OF tho 2oh March, 1868. Was
this an in ference it'll the right Of the President Ito
nominate and by and with the advice and consent Of the
Senate appoint al officers Of the Confederate STATES"
whose 1ces shG be established BY laW? Had the Office
not been established by law, and had the ap-
pontment Of Colonel Myers not been made in tue
manner prescribed by tie Constitution? Had the
CO.. press or the President FIX the rank and payof
the officer! How when and where did the Congress lose
this right to establish Offices and FIX The rink and pay
Of tie Ulcers selected by he appointing power to fill
theml ID It dsnicd that Congress- amend repeal
any law it passes? Is the law pronounced unconstitu
tou al any hing buS amendment OF former act! Tne
title declares is TO be IAN act 10 amend act for the
establishment sAd organization Of general sta for be
army" How does it propose to amend that act' By
simply changing the rank and pay OF one Of the Offices
eat blished by It. The Congress could have abolished
the office Itself Had it done So Colonel Myers would
have gone out OF CD and been no longer in the army
He would have then been legislated Of oce and 10
tue only constitutional way. But the flee ID not abol
isaed nor is it Character duties in any way changed
Had they been, question might have arisen whether
the act,dd not operate repeal OF the old Office by the
ere atom Of But nothing of this sort is pre-
tended have been done But the Secretary says the
effect IS 10 create Biga1er GeneSal in the provisional
army Was the effect of the first act TO create
Colonel in the general sta, II was not the President
but the Congress- which gave the rank to the office. IL
was the President not the Congress- that chose the Of
6cer. The character and duties of the office una
tered; tie apponee of the Presidents lett to discharge
the duties for which be was selected mis- pay and rank
are alone changed and that change teoted in the only
way pcssbl,-by the Congress which originally estab-
lishtd them.
For the reasons above stated the committee have ar
rived at the conclusion that the is constitutional
that it created vacancy in the Qlarermaster Gene
falls office ard that i,s only tfeci increase the
rank and pay OF the incumbent Of that ofi:e.
They are assured of the correctness Of this conclu
sion from the "uslee oil the Government of the United
States before 1862 in similar By the act of 30h
June 1884 surgeons of the army entitled to re-
ceiye the pay aud emolumenls Of major" assistant
surgeons, wlo had served FIVE years, "the pay and
emolumens Of captain and Others of first lieuten.
ANTS U. s., volums 4, page 7l4.) By the act OF
February IL, lS47 it was provided that the rark of
the medical department should be arranged upon the
sam basis which, present, determines the amount of
their pay and emolumeuts; provided that the medical
Off shall not, in virtue or such rack, b. entitled
command 10 the line or other staff department of the
army."-(Volune g. page l24,. U. S. 81 Previous 10
1917 the medical staff had military rank in the army
bat drew their pay according 10 sssimilsted rank
es all shed by law By the act Of lS47 they were for
the frat time given sc.usl rank and yet was not even
deemed necessary issue commissions far less TO
make new appointments The Offices long before estab-
shsd by sw were those of surgeons and asss ant sur
geous These offices had been filed in the mode Ere
scIibed by the Constitution. When rank was given to
the Offices their Dcumbents received it by operation Of
laE and no eHcrOscbment was then deemed - have
been made on the rights of the President He had
selected the persons lie believed most fitted discharge
the duties, and the Senate bad confirmed them. TIE
fho.n ,f and
The incumeeits had rank aud tbs Congress made
them majors and captains and without cGV Que
by the Presidebt Secrtry Of War; sDy other per-
son whomsoeVer. They were permitted continue, un-
molested and undstur0ed in the di charge of the du-
tie. for which they had be,a appointed IL not then
deemed necessary to assign ma and captains Of the
line to discharge tier duties because that rank had by
act Of Congress, been attached 10 their o3es. There
positive rank was givSn when rOne before existed
Here the isuk has only been increased
II thus app4S,s that "by The usages Of the Govern
ment of the United Safes before 1900" where rank
was given Office previously established by law and
already filed that il she practice to select per-
sons OF equal rank tut appointed to dis ;hGTgs different
Dulles and assign them The discharge OF duties in
compatible with those for the charge of which they
had been selected Yet is the construction Of the
act Of 10th March, 1868 given by the Secretary and
the only one he allows 20 BIS "admi sble' He states
it thus: THAT Congress supposed that te duties OF the
ercsel by officer having the rank, pay and allow
ances of brgsdir general OF the provisional army"
"Tqs latter regarded as expressing the views Of
the legislative Department Of the Government" Thil
construction renders the act opera i've and imposes
duty upon the President TO fill the Office according 10
the conditions oil the act" Under this construction of
the law, A. O. Myers, who had been selected BY the
President for his supposed fitness to discharge the duties
OF the Office who had organized it and performed the
duties entirely - the satisfaction of Congress that
large mai irity of iis members petoned for his ling
retained and promoted, removed; and A. K. Law
toD who had been selected by the President for his
supposed fitness to command brigade, and con-
6rmed by Congress for that du y assigned 10 the
performance of The duties Of QuSrtermaster General.
Buhe most extraordinary part Of the reasoning Of the
Secretary this proceeding is bis referring this
verypedton as wing all DOUBT that it he pur-
pose of Congress to have A. o. Myers removed. al
the question had been considered doubtful bs Gays t
would have been solved by the cotemporAneods con-
Il. al.