Letter of the Honorable the Secretary of War, Returning to the Chairman Committee On Military Affairs, House of Representatives, H. R. 16502, Entitled "a Bill to Bring About the Gradual Adjustment of Rank Throughout the Several Lines of the Artillery, Cav

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Whatever the system, it must promote through the whole Army in each line. A system partly regimental, partly lineal, does not fulfill this requirement, and was thus illegal as applied in promotions made under section 1204.
It is admitted that Congress in enacting the Revised Statutes had no real intent of changing the existing rule of promotion, providing that rule was in accordance with the preexisting law. But whatever the intent it can not rightfully stand against the letter of the law as em
...bodied in the Revised Statutes. Congress itself, in section 5596, provided that — The preexisting laws thus revised are repealed and no longer in force.
And it has been decided by the courts that — Whether the revision correctly reproduced the preexisting statutes in any particu- lar case, the Revised Statutes became the law of the land June 22, 1874. (15 C. Cls., p. 87.) So far as the view that section 1204, Revised Statutes, made no change in the rule of promotion is confirmed by the opinions rendered in the numerous claims that have arisen for readjustment of rank since its enactment, it is impossible to avoid the conclusion in a care- ful study of all the later opinions (Secretary of War, May 29, 1876; May 15, 1880; March 8, 1882; General of the Army, May 12, 1880; Senate Military Committee, May 2, 1880; Adjutant-General, April 7, 1881, and March 3, 1882), that they were all based upon the earlier opinions of the Judge- Advocate-General (1876) and the Attorney- General (1874).


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