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among men ; a principle which has been warred against by the intelHgenc** 

 and liberty of nations since the dawn of modern history ; a principle by 

 which King John was brought into conflict with his nobles, which com- 

 pelled him so far to relinquish it as to sign the great charter regarded as 

 ■the foundation of English liberty ; a principle in the struggle to support 

 which, Charles I, was brought to the block ; a principle the partial de- 

 struction of which deluged France with the blood of her people, and that 

 is the principle of the despot, claiming to rule by Divine right, and regard- 

 ing itself as possessed of all power, except so far as in early ages it was 

 restrained by the blind law of necessity, but which has been in more rec-ent 

 times, put under some restraint by laws, emanating from the wisdom an<l 

 love of liberty of the people. We find this principle stated in the letter of 

 Major General Scott in the following few words, to wit : "All military 

 rank, derived from law, must be equally valid, except so far only, as it 

 may be restricted by law." 



In these few words we see, indeed, that it is implied that military rank 

 must be derived from law, which in this country is certainly true, but we 

 see also that it claims for military rank, validity for all purposes, except s« 

 far as it may be restricted by law; and this is the despotic principle upon 

 which. General Scott's argument rests; thus placing in the foreground a 

 ■ false principle instead of that true one, congenial to the genius of our go- 

 vernment, that all military rank is valid so far, only, as made so by law., 

 and not in so far as it is not restricted by law. 



To see the force of this, we appeal to the Constitution of the Unite*! 

 States, an instrument by which the people or the States have created, by a 

 grant of powers, what we call the general government, the power of which 

 is not valid where not restricted, but valid only so far as granted ; all pow- 

 ers not granted being expressly reserved to the people or the States ; and 

 this principle appertains to every officer, both civil and military, created 

 imder the government, not one of whom has or can have, one particle of 

 power which is not granted by law. 



General Scott infers upon his principle, that brevet rank is valid to the 

 full extent of lineal rank, except so far as it is restricted by the Gist, 63d 

 and 98th Articles of War; but why he has confined the extension of it to 

 lineal rank he has not explained,- which he should have done, since upon his 

 principle, brevet rank must be equally valid in all the staff corps of the 

 army, for in the Articles of War there is found no restriction upon brevet 

 rank forbidding those who hold it from claiming rank and consideration in 

 these staff corps. If this be so, and General Scott's principle be correct, 

 there is no reason why not only brevet officers but line officers also, should 

 not claim rank and consideration in all or any of the staff corps respec- 

 sively ; for even the 63d Article of War does not restrict line officers from 

 assuming rank and consideration in the corps of engineers, but restricts the 

 engineers fi-om being subject to be ordered on any duty beyond the line of 

 their immediate profession, except by special order of the President of the 

 United States. What answer can be made to this other than by setting up 

 the true principle in opposition to that of General Scott, to wit : that the 

 officers of the various corps and departments of the army have such power 

 and privileges of rank as are granted to them by law, and not such as those 

 wherein they are not restricted by law ; and how can it be pretended that 

 brevet rank is exempt from the operation of this principle, or how can the 

 assumption be defended that brevet rank is valid for all purposes except 



