The National tribune. [volume] (Washington, D.C.) 1877-1917, 1884-11-27
THE GRAND ARMY.
A Letter from Gen. Beath---Depart-
ment News.

To TIE EDITOR: In your issue of Oct 16,
Comrade Billings, commanding Department oil
Massachusetts,, replied to some criticisms rel
alive TO the title of Post III that Department
when the name was not of deceased soldier,
but of one, on the contrary, who was moving
about quite lively for man of his years.
Comrade Billings rightly replied to the
effect that no law had been violated that the
name had been legally adopted before the later
restrictions in the rules. He did me the honor
to state that / had informed him that the
amendments to the article in question had been
made in 1859 but that he was led to infer that
i was in error as to the date by a reference to
this subject in the report of the Judge Advo-
cate General to the Encampment which met In
Washington, May -, 1c70. was right as to
the general amendment to the Rules, but not
in its application TO the case III point, and which
l had not read in THE NATIONAL TRIBUNE,
owing to absence from the city-that Is, as to
the use of the name of any living soldier as
title for Post.
This led me to look further into the matter,
and the result may be OF interest tc many of
your readers.
/ am indebted to Comrade John Cameron, of
Washington, for the loan of his set OF the earlier
copies of the Rules and Regulations, one printed
fer the Department of Pennsylvania IN 1866,
and Others of later dates, and also to Comrade
w. w. Douglas, of Providence, for number OF
copies Comrade Cameron has been an in
defatigable collector of Grand Army material,
and Comrade Douglas for several years Judge
Advocate General, acted as Secretary OF the
Committee on Revision of the Rules and Regu-
lations made by the National Encampment In
Cincinnati in May, 1863.
IN THE ORIGINAL RULES
adopted at indianapolis, Nov. 90, 1866, it was
provided in Article Reorganization, that
consist Of lst precinct organizations, to be known
as Post No Of name of city, town, ward
precinetl, Department Of (name OF State),
GAR.
At the next annual Eneampment, held in
Philadelphia Jan. Is, 1868 no change was made
in this article but in October of that year, upon
recommendation of the National Council OF
Administration, which met in New oTk city
TO consider and adopt membership badge for
the Grand Army of the Republic, Commander
in-Chief Logan appointed committee to
thoroughly revise the Rules Regulations and
Ritual, and report to the Encampment at Gin
cinnati, May II 1869.
In his revision, then adopted, Article III,
Chapter /, read as follows:
i. Precinct organizations to be known as -
Post. No -, Department Of, Grand Army of
the Republic to which any Post may prefix the
OF a deceased soldier SUho died ia the serrice Of
country during The late rebellion, or of some
other person eminent during the war for loyalty
Post in a Department adopt the same name
When this was published there was
JEALOUS MOVE FOR NAMES,
1t being naturally assumed that the one first to
report at Headquarters would be awarded
possession against others adopting the same
name. In this Department l remember the
trouble in deciding several conflicting claims
Now, one not a lawyer, on reading the above
rule, might conclude that the authority to
H. &c -aI1 ,-arp Low
who died in the service of our country during
the rebellion, precluded Posts from adopting
the name of soldier vet living; but 1t was
deemed proper In some cases TO go around this
rule, because the provision for the name of
some other person eminent during the war for
loyalty and efficiency" did not limit the selec
ton 10 deceased persons Of that class. Just such
a case arose in connection with name, loved
by ali of u.s. where the stricter construction
would have ruled against the name of Gen. Geo.
ii. Thomas because he did not die during the
rebellion. The opinion then given shows how
lawyer may get over an apparent obstacle
and this decision the names of some who
were eminent" in political life were per-
mitted TO stand as the titles of Posts.
THE OPINION
is dated Washington, ID. c., June 90, 1870:
Post in the Department of New York was
named George II. Thomas Post, and the question
raised was whether this within the Regula-
tions. The name given before the revision of
the Regulations at the National Encampment in
May, $50. and after the death of Gen. Thomas.
The first paragraph, Article III, Chapter l, pro-
vided as follows: Any Post may prefix the name
OF deceased soldier or sailor who died III the serv
ice OF our country during the late rebellion
other person eminent during the war for loyalty
and efficiency
think the Regulations were not violated in this
selection of a name. Gen. Thomas, not having
died during the late war. does not come within the
class described by the first part of the paragraph
quoted. but without doing violence the
language of the Regulations, come within the class
described as other persons eminent during the
war for loyalty and efficiency. Ii Is not iInproba-
bic that The latter class intended to embrace
more especially civilians but to hold that the in
tention must govern where the language does not
disclose such intention is beyond the Office of in
depreciation. Especially is this when the lam
gnage by its plain import extends to emnentssol-
diers well eminent civilians. The doubt
which may be suggested by this view, think, rests
upon
THE WORD "oTHER"
as it would seem to convey the idea that some per-
son other than soldier sailor was intended.
But this word may with some if not equal, force
be held TO mean some person other than deceased
soldier or sailor sUio died IN the serUiee during the
rebellion. Certainly Gen. Thomas was a soldier
who did not die during the rebellion and certainly
he was eminent for loyalty and efficiency" l
confess that IT requires some refinement to hold
this construction but do not think il SO doubtful
a. towarrant the other view until the Encampment
shall pass upon the question.
That there may be no doubt will state Just
what understood to be the scope of the Regula-
tons amended. The National Encampment
$50 placed the word deceased" after other''
SO that the paragraph reads " other deceased per-
sons" etc. A Post may, therefore, select-1st. The
name of a deceased soldier who died during the
rebellion; or I'd, the name of a deceased soldier
" II he was eminent during the war for loyalty and
efficiency; or, Sd, the name of any other deceased
person who was eminent during the war for 10y
atty and efficiency.
1t was this
APPARENT INCONSISTENCY
that led the Judge-Advocate General to say in
his report, and to which Comrade Billings re-
ferred, =" 1t is suggested that all Posts here
after organized be named from the list of hon
ored dead, not living comrades, and it is re-
spectfully recommended that this be done"
The Encampment therefore (1S70) added
the word deceased" in the clause referring to
other persons so that it should read ''of other
deceased persons eminent during the war for
loyalty and efficiency"
What ought to have been done was to strike
out the words who died in the service of our
country during the late rebellion" so that the
use of such names as Thomas, Meade, Hooker
Burnside, and others should not then depend
upon forced construction of the law The
article so amended remained in force until the
session at Albany, June IL, 1879, when it was
changed TO read:
The several constituted bodies of this association
shall consist Of
j. Precinct organizations to be known as
Post, No., Department Of Grand ARMY
of the Republic; Prouided hOtUeUer That no Post
hall hf