David Josiah Brewer

“ The first aims to eliminate from the army those officers who are unfit for the discharge of their duties, and whose unfitness springs from no cause of meritorious claim upon the consideration of the government; while the other is a grant of general power to the president to reduce the number of officers by selecting the best and mustering out the residue. It is comprehensive in its scope, and not at all dependent upon the failure to accomplish the requisite reduction through proceedings under section 11. ”

“ All these matters justified the action of the president taken on the 2d of January, and, if they do not establish hat it was in full and literal compliance with the exact provisions of section 12, they certainly leave so slight a departure as scarcely to be worthy of mention. It is certainly no such deviation from the prescribed course as to vitiate the order, and thus nullify the express direction of congress. But we are not limited to this. Full power of legislation in the matter of increase and reduction of the army is with congress. ”

“ It prescribed in this act the proceedings by which that reduction was to be accomplished. In pursuance of that act, certain proceedings were had. The power which can direct what proceedings shall be had can approve and make valid any proceedings which are actually taken. The power which can give authority to act can ratify any act that is taken, and generally legislative recognition of an act or a corporation validates the act or the corporation, although neither one nor the other may have had full prior legal authority. ”