A Brief History of An Existing Controversy On the Subject of Assimilated Rank in

Cover A Brief History of An Existing Controversy On the Subject of Assimilated Rank in
A Brief History of An Existing Controversy On the Subject of Assimilated Rank in
W S W William Samuel Waithman Ruschenberger
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The infe- rence is clear, that in the opinion of our author, a staff officer could not be subject to " disrespect, " were it not for assimila- tion of rank ; and in this opinion he is probably correct, be- cause the solely unquestioned statute in the navy (the act of 1800) provides penalty only for disrespect to a "superior officer;" and if the General Order had not denned it, the court might have dismissed the charge, on the ground that the statute does not explicitly assign any rank to surgeo...ns, and therefore the superiority of the surgeon could not be ascer- tained. As far as this case bears upon the assertion of our authors, that assimilation of rank causes inconvenience, it is against their opinion ; and the finding of the court, as well as approval of it, and execution of the sentence by the corn- man der-in-chief of the squadron, is conclusive evidence that all line officers in the navy do not agree with them in the notion that the " General Orders" (p. 20) are illegal.
All the other cases of " practical inconvenience" resulting from assimilated rank, referred to by the several pamph- leteers, are similar in character.


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