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When the law of 1812 regulating brevets was repealed by the act of June
30, 1834, all the officers of the Army who were known to be entitled to
the ordinary brevet promotion for ten years' faithful service in one
grade received on that day, by and with the advice and consent of the
Senate, the brevet promotion to which they were respectively entitled.
The regulation which governed the subject under the law had reference
only to service with regularly organized bodies of troops, and valid
claims arising under it were generally known and easily understood at
the Adjutant-General's Office. If incidental cases occurred for which
the written regulations could not provide the rule, although equally
valid, such, nevertheless, may not in every instance have been known at
the War Department until specially represented by the party interested.
The case of Brevet Lieutenant-Colonel Thayer happened to be one of those
incidental claims, and as soon as it was submitted for consideration its
validity was clearly seen and acknowledged.


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