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ofTicor to join in mixed tluty witli an officer or officers of any other perma- 

 nently established corps (as a regiment, a corp of engineers, or the marine 

 corps) is for that precise reason, ' rank of the line of the army,' in the hni- 

 gauge of the (32d Article of AVar, as well as in accordance with the ex- 

 })ress terms of the (31st (first part) and the heading of the General List in 

 the Army Register. Hence brevet and former commissions, as well as mi- 

 litia commissions (on mixed duty,)gives rank in the line of the army. 



"■ All military rank, derived from law, must he equally valid except so 

 far only as it may be restricted by law, the only legal restrictions on mili- 

 tary rank, known in the United States, are to be found in the Gist, G3d anil 

 DSth Articles .of War. In the 61st, brevet and former commissions are re- 

 stricted in an officer's own unmixed corps, and hut for the 98th, any se- 

 nior militia officer wotikl, on mixed service, command •all junior regular offi- 

 cers of the same grade, ' whether "by brevet, former commissions, or other- 

 wise.' No farther restrictions can be imposed except by the same autho- 

 rity — the Congress of the United States. 



" The exception at the endof the 62d artick, 'unless otherwise specially 

 directed by the President of the United States, according to the nature of 

 the case,' evidently does not contemplate that a junior officer should ever 

 be placed over a senior,; but only that a senior officer may be prohibited 

 from interfering with some special command of a junior. The Military 

 Academy is an instance ; that, although under the rules and articles of 

 war, is by a valid regulation, carved out of a military department, a divi- 

 sion and a general command ofthe aimy. 



" President Madison decided, in General Orders of July 1, 1816, that 

 ' regivients and corps, as used in the 61st article of the rules and articles 

 of war [are] synonymous terms,' that is, both are permanently ' established 

 corps' according to General Washington in the case of brevet Major M'- 

 Pherson. — l^Rogem'' .American Biography, p. o25. 



" In General Orders No. 11, of April 1-3, 184-3, (signed by the Secretary 

 of W^ar,) a brevet is decided to be as it is called on its face — a commission. 



"If there were a regimental Colonel in the present army of occupation 

 in Texas, senior to brevet Brigadier General Taylor's regimental rank, it 

 would not change the command of that army unless such Colonel also held 

 a senior commission as brevet Briadier General, and this independent of a^- 

 signment — a term not more applicable to brevet rank than to any other 

 rank. That army is a detachment from the army of the United States, 

 and is moreover, composed of dilTerent corps, and what is applicable to the 

 whole, is equally applicable to its smaller temporary corps when mixed. 



" The formation of such, whether temporary brigades, battalions or 

 smaller detachments (mixed or otherwise) depends on the discretion of the 

 commander of the army of occupation, governed by usage, the actual state 

 and wants of the service. But when corps become mixed, whether speci- 

 ally or by accident, the senior officer in each, whether by brevet, former 

 connnission or otherwise, becomes entitled to command from the happening 

 of the junction. 



" In respect to staff officers, in the presence of senior's assignment by the 

 common senior, is necessary, because to him it belongs, to say, whether 

 such officers, may without prejudice to staff duties and the rights of others, 

 be assigned to the command of troops. In the absence of a senior a staff 

 officer with senior military rank, as above would clearly have the right to 

 .jdecide that question himself, 



