Year: 1879

Some one has blundered, and that very
badly, and as consequence large number
of our army officers ere placed in very in
convenient position. 1t seems that in June,
1878, Congress passed bill which prohibit
ed army appointments and promotions
above the rank of captain until after the re-
port of the committee commonly known as
the Burnside commission shall be made and
acted upon by Congress. At the last session
the Senate adopted with various amend
ments the report of the committee embody-
ing bill to reorganize the army. while the
House, for want of time, ignored it. This
was thought by Mr.. Hayes, Gen. Sherman,
and the secretary of war to constitute &C
ton on the bill within the meaning of the
law, and accordingly lists of appointments
and promotions were made out and trans
mitted to the Senate for confirmation. These
appointments were necessary to promote the
efficiency of the army, and would no doubt
have been confirmed at once had not the
question been raised that the Burnside re-
port had not been fully acted on, and that
therefore the act of 1878 was still in force.
The question was referred to the judiciary
committee, which reported in favor of this
view.


The subject was considered at length in
the executive session of the Senate on Sat-
urday. Those who placed the strictest con-
struction upon the law were Messrs. Thur
man, Garland and Maxey. Their views were
antagonized by Messrs. Randolph, Butler,
Logan, Hoar and Burnside, but the result re-
mains in doubt, and the chances are that the
matter will be left undecided. We regret
the predicament in which the dispute leaves
tho army. Vacancies in some of the higher
ranks have occurred by death, designations
and transfers, and it is absolutely necessary
that these vacancies be filled at as early
day as possible. The lists sent in for
promotion were made out in conformity to
law, seniority and competency being duly
regarded. There is, SO far as We can ascer-


tain, no objection to single person on the


lists, and it is only this technical point that


will prevent their confirmation. We are


sure that no member of tho Senate will


object to facilitating the complete system


atization of the army by filling the vacant


positions proposed if they can be certain


that in SO doing they are not violating the


law. It is evident that blunder was


made in the passage of the law of 1878.


1t may be impossible at this date to remedy


it, but some way ought to be devised that
shall lead to settlement OF the dispute
! and that before the present session shal
} adjourn. If, as claimed, the confirmation


of the officers designated may lead to con


fusion and ultimate embarrassment in de
fning their rank, it will be better to leav
the matter as it stands, at present, tn
officers sought to be promoted being special.
assigned to their new duties. When tn
difficulty is removed they need not be dis
turbed but continued at their posts. Th
trouble is an annoying one, but is fresl
illustration we suppose of the old adag
that "mistakes will happen in the bes
regulated families 1t ought to teach tn
1 lesson, however, of greater care in the en-
actment of laws, especially those of TEN
' porary effect.