Congressional Recognition
193
Congressional Recognition
of the
Aztec Club of 1847
by Robert M. Clark, Jr.
1
In 1889 two form er Union Colonels, one United States Senator Charles
2
F r e d e ric k M a n d e rs o n , a n d th e o th e r , U n ite d S ta te s H o u s e o f
3
R e p re se n ta tive m e m be r B yro n M a cC u tcheon , introduced a joint
resolution in the Fifty-First Congress of 1889-1890 allowing m ilitary
servicemen who are m em bers of the Aztec Club or other hereditary
m ilitary societies to wear on their uniform the badges adopted by their
4
respective Society. This joint resolution is significant because this was
1
An attorney and a fifth generation resident of Dallas, Texas, Mr. Clark is a member of
the Aztec Club and other hereditary and military societies, including the Society of the
Cincinnati, General Society of the War of 1812, Veteran Corps of Artillery, State of New
York, constituting the Military Society of the War of 1812.
2
Charles Frederick Manders, a Senator from Nebraska 1883 to 1895, President pro
tempore of the U. S. Senate from 1891 to 1893, born 1837 in Philadelphia and died in
1911 at Liverpool, England, President American Bar Association 1900, lawyer, Colonel
19th Ohio Infantry, Brevet Brigadier General. He was elected to membership in the
Military Order of the Loyal Legion of the United States on 4 April 1883. He was
commander of the District of Columbia Commandery of the Military Order of the Loyal
Legion, transferring to Nebraska in 1895. He is listed in the Biographical Directory of
the American Congress 1774-1961 (Washington, D.C.: United States Government
Printing Office, 1961) p. 1258, Who Was Who in America 1897-1942, p. 772, and
Dictionary of American Biography, American Council of Learned Societies (New York,
N.Y.: Charles Scribner's Sons), p. 230.
3
Byron MacCutcheon, a United States House of Representative member from Michigan
1883 to 1891, awarded the Congressional Medal of Honor “for distinguished gallantry
at the Battle of Horseshoe Bend, KY, May 10, 1863”, born in 1836 in Pembroke,
Merrimack County, NH, died in 1908 at Ypsilanti, Washtenaw County, Michigan lawyer,
Colonial 27th Michigan Infantry, Brevet Brigadier General. He was elected to
membership in the Military Order of the Loyal Legion of the United States on 4 February
1885. He is listed in the Biographical Directory of the American Congress 1774-1961,
p. 769, and in an Obituary, New York Times, April 13, 1908, p.7, col. 4.
4
Volume XXI, Part 1, Congressional Record, Special Session of the Senate and Fifty-First
Congress, First Session (Washington, D.C.: Government Printing Office, 1889), p. 107
(4 December 1889) and p. 689 (20 January 1890):
194
aztec club of 1847
the first m ention of the Aztec Club or other hereditary m ilitary societies
by the U.S. Congress and because it greatly honors the m em bers of
5
those societies. The resolution is also im portant to the Aztec Club
because at that tim e the U.S. Congress itself produced a short history of
the Society which is contained in the Senate Com mittee report. The
other societies m entioned in the proposal were the Society of the
6
7
Cincinnati , the National Association of Veterans of the Mexican War , the
8
Military Order of the Loyal Legion of the United States and the Grand
9
Arm y of the Republic. These organizations, like the Aztec Club, were
Mr. Manderson introduced a joint resolution (S.R. 6) granting permission to officers
and enlisted men of the Army of the United States, members of the Society of the
Cincinnati, the Aztec Society, the National Association of Veterans of the Mexican War,
the Military Order of the Loyal Legion of the United States, and of the Grand Army of
the Republic, to wear the badges adopted by those orders; which was read twice by
its title, and with the accompanying papers, referred to the Committee on Military
Affairs.
5
The Aztec Club (referred to in the record as the Aztec Society) of 1847 is a U.S. Military
Officer's organization composed of officers who served in the Mexican War. It was
organized in Mexico City on 13 October 1847 with 160 original members. After the U.S.
evacuation from Mexico City it next met in St. Louis in 1852, and again met in 1867,
and again in 1881. By 1997 total membership of the Aztec Club of 1847 was almost two
hundred, slightly larger numerically than it had been 150 years previous. [Ed. Note:
Members met at Detroit and elsewhere in small groups in 1852, and sent in mail
ballots as well. The Annual Meeting where the election was finalized was at Jefferson
Barracks, MO.]
6
The Society of the Cincinnati was America’s first hereditary military society, being
founded in the original thirteen states under General George Washington in 1783, as
well as in France through recognition of King Louis XVI. In addition to the 1890 joint
resolution recognizing the Society of the Cincinnati, the report of a joint Congressional
Commission formed in 1885 to dedicate the Washington monument provided for
General Officers of the Cincinnati to take precedence after Governors of States and
Territories and that members of the Society were to follow immediately after
commissioned officers of the Army and Navy of the United States, see William S.
Thomas, M.D., The Society of the Cincinnati 1783-1953 (New York, N.Y.: G.P. Putnam's
Sons, 1935), pp. 86-90.
7
The National Association of Veterans of the Mexican War was a non-hereditary general
veteran's military society formed in 1866, see 51st Congress, 1st Session House
Committee on Military Affairs, Report No. 1522, 18 April 1890, p.8.
8
The Military Order of the Loyal Legion of the United States is a hereditary military
society formed in 1865. It is currently composed of lineal and collateral descendants
of Union Officers.
9
The Grand Army of the Republic was a non-hereditary general veteran's military
society formed in 1866, see Fifty-First Congress, First Session House Committee on
Military Affairs, Report No. 1522, April 18, 1890, p. 11. The successor to the Grand
Army of the Republic is the Sons of Union Veterans of the Civil War, which was
founded in 1881.
Congressional Recognition
195
founded by the Veterans of their respective wars them selves. Of the
societies which were listed in the resolution, only the Aztec Club, the
Society of the Cincinnati, and the Military Order of the Loyal Legion of
the United States exist today because they provided for hereditary
m em berships.
The final substituted version of the joint resolution passed in 1890 read
10
as follows:
Resolved by the Senate and House of Representatives,
etc., that the distinctive badges adopted by m ilitary
societies of m en who served in the arm ies and navies of
the United States in the war of the Revolution, the War
of 1812, the Mexican War, and the War of the Rebellion,
re s p e c tiv e ly , m a y b e w o rn u p o n a ll o c c a s io n s o f
cerem ony by officers and enlisted m en of the Arm y and
Navy of the United States who are m em bers of said
organization in their own right.
This final substituted version om its the nam e of the Aztec Club and of
the other originally nam ed societies for the reason stated “that others
than those specified in the resolution as [originally] offered are in
existence...”
The House Com m ittee Report described the history of the Aztec Club as
11
follows:
THE AZTEC CLUB
The Aztec Club was founded in the City of Mexico on the
13th day of October 1847, General Quitm an being its
first p re sid e n t. O n th e 1 st o f January, 1848, a
constitution was adopted, when General Persifor F.
Smith was elected president. It was m ade up of officers
of the U.S. Arm y, regular or volunteer, who had served
during the Mexican War, and seem s to have been in the
first instance a social organization. In the language of its
10
Volume XXI, Part II, Congressional Record, Fifty-First Congress, First Session,
p. 1898 (3 March 1890); ibid., Part IV, p. 3525 (18 April 1890); ibid., Part X,
p. 10171 (17 September 1890), p. 10330 (23 September 1890), and p.
10350 (23 September 1890); ibid., p. 10474 (26 September 1890); The
Statutes at Large of the United States of America from December 1889 to
March 1891, vol. XXVI (Washington, D.C.: Government Printing Office, 1891),
p. 681.
11
Ibid., p. 7.
196
aztec club of 1847
constitution , th e com m ittee of arrangem ents were
d ire cte d “to a d o p t a n d e n fo rc e a syste m o f ru le s
c a lc u la te d to p r o m o te th e g r a n d o b je c ts o f o u r
association -- harm ony, economy, and com fort.” When
the arm ies of the United States withdrew from Mexico
the club was declared adjourned until Septem ber 1852,
and it seems to have been held in a state of abeyance
for several years, holding only occasional m eetings.
In the year 1877 a new constitution was fram ed, which
was adopted in 1878, at a m eeting held in the City of
Philadelphia. By it, it was determ ined that the club
form ed in the City of Mexico should be continued in
perpetuity as the Aztec Club of 1847. It was provided
that the mem bers of the club should consist —
First. Of the surviving m em bers of the original club, and
those officers of the Arm y who served in Mexico during
the war subsequently elected.
Second. Of the successors of members specially
nominated by them selves, who must be sons or blood
relatives.
General Patterson becam e the president of the club,
a n d in 1 8 8 1 w a s su c c e e d e d b y G e n e ra l H a n co ck ,
General Grant being elected vice-president. Am ong the
nam es of its m em bers are to be found m any that won
great distinction, not only in the war with Mexico, but
during the war of the rebellion. Am ong them will be
found Augur, Barry, Brannan, Casey, Philip St. G. Cooke,
Coppée, Crittenden, D rum , Gatlin, Grant, Hancock,
H a r n e y , H a r d ie , H o o k e r , H u n t, L e e , L o n g s tr e e t,
McClellan, Palm er, Porter, Reno, Rucker, Smith, Sacket,
Tower, Van Vliet, and Williams.
The club now holds an annual session, and has about
two hundred m em bers. The following are the present
officers: President, Henry Coppée; Vice-President, Col.
H . L . K e n d ric k ; S e c re ta ry, G en eral Ja m e s B . F ry ;
Treasurer, Col. DeLancey Floyd-Jones.
Its badge or order is an eight-pointed gold star,
containing on the one side the Mexican eagle and about
it the words “City of Mexico, Arm y of Occupation”, and
Congressional Recognition
197
on the other the Am erican eagle resting upon a shield,
and around it the words “Aztec Club, U.S. Arm y, 1847 ”.
This is suspended to the breast by a ribbon of blue and
green colors.
Although the final version of the 1890 joint resolution inserted the words
allowing o ffice rs a n d e n liste d m e n to wear the badges “who are
m em bers of said organizations in their own right”, a 1901 United States
12
Attorney General's opinion found that hereditary m em bers are also
eligible to wear the badges of their organizations, including that of the
A ztec Clu b. T ha t op in ion o f U .S . A tto rn e y P hilan d e r C . K n ox o f
Pennsylvania m akes it clear that since hereditary m em bers m ust be
elected from am ong those who are qualified by descent, they “are
m em bers of said organizations in their own right”. Thus, hereditary
m em bers are entitled to wear the badges of the societies with their
uniform s.
The U.S. Attorney General has a duty to give his advice and opinion
upon questions of law whenever required by the President or by the
13
head of any executive departm ent on questions of federal law.
The
Secretary of the Navy propounded a question in 1901 for Attorney
G e n e ra l K n o x a b o u t th e inte rp re tatio n o f th e “m em b ers o f sa id
14
organizations in their own right” phrase in the 1890 resolution. The
1901 Attorney General's opinion answered that question. The 1901
opinion is presently codified in Federal statute. Therefore, it is clear that
m ilitary officers and enlisted m en are entitled to wear, on occasions of
cerem ony, the badges of the Aztec Club or of the other organizations
o rg a n ize d b y m e n w ho se rve d in th e va rio u s w a rs lis te d in th e
resolution.
Current Federal statute states as follows:
Right to Wear Badges of Military Societies
(a) A m em ber of the Arm y, Navy, Air Force, or Marine
12
John L. Lott and James A. Finch, editors, Official Opinions of the Attorney-General of
the United States advising the President and Heads of Departments in Relation to
their Official Duties, Volume XXIII (Washington: Government Printing Office, 1902),
p. 454 [hereinafter Official Opinions of the Attorney-General, Volume XXIII] & n.11,
reprinted from Volume XXI, Part II, Congressional Record, Fifty-first Congress, First
Session, p. 1898 (3 March 1890).
13
28 U.S.C.A. SS511,512, see Corpus Juris Secumdum, Volume 7A (St. Paul, MN: West
Publishing Co., 1980), p. 820.
14
Official Opinions of the Attorney-General, Volume XXIII, p. 454.
aztec club of 1847
198
Corps who is a m em ber of a m ilitary society originally
com posed of m en who served in an arm ed force of the
United States during the Revolutionary War, the War of
1 8 1 2 , th e M exican W ar, the Civil W ar, the
Spanish-Am erican War, the Philippine Insurrection, or
the Chinese Relief Expedition of 1900, m ay wear, on
occasions of cerem ony, the distinctive badges adopted
by that society.
(b) A m em ber of the Army, Navy, Air Force, or Marine
Corps who is a m em ber of the Army and Navy Union of
the United States m ay wear, on public occasions of
cere m o ny, th e d istin c tiv e b a d g e s a d o p te d by th e
society.
10 U.S.C.A.§1123 (West 1983)
15
15
Following are notes following the statute in the United States Code Annotated at 10
U.S.C.A. 1123 (West 1983):
Historical and Revision Notes
Revised
Source
Source
Section
(U.S. Code)
(Statutes at Large)
st
1123(a)
10:1427 (1 sentence)
Sep 25, 1890,
J.Res.50,
26 Stat.681
st
34:371 (1 sentence)
May 11, 1894
J.Res.26,
28 Stat.583
1123(b)
st
10:1427 (less 1 sentence)
st
34:371 (less 1 sentence)
Feb 2, 1901,
ch. 192 & 41,
31 Stat.758
Jan 12, 1903,
J.Res.2
32 Stat.1229
Mar 2, 1907,
J.Res.18
34 Stat.1423
Explanatory Notes
In subsection (a), the words “an armed force” are substituted for the words “armies and
navies”. The words “Revolutionary War”, “Civil War”, and “Philippine Insurrection” are
substituted for the words “War of the Revolution”, “War of the Rebellion” and “incident
insurrection in the Philippines”, respectively, to reflect present terminology. The words
“originally composed” are substituted for the words “in their own right” to reflect an
opinion of the Attorney General (see 23 Op. Atty. Gen. 454).
In subsections (a) and (b), the word “member” is substituted for the words “officers and
enlisted men”. The words “Navy ... or Marine Corps” are substituted for the word “Navy”,
Congressional Recognition
Following is the text of Attorney General Knox's Opinion:
199
16
Military Associations — Badges
The words “m em bers of said organizations in their own
right”, as used in the joint resolution of Septem ber 25,
1890 (26 Stat., 681), which provides that the distinctive
badges adopted by the m ilitary associations of m en who
served in the arm ies and navies of the United States
during the various wars waged by the United States,
m ay be in the m ain, of those who actually participated
in the wars, out of which they grew, yet m any, and
perhaps all of them , m ake eligible for m em bership
therein certain of the m ale kindred of those who did so
participate, and thus persons m ay be m em bers of such
o rde rs w h o n ever perform ed any m ilitary o r n a val
service. But, it is believed that in none of them is there
any such thing as m em bership by inheritance -- that is,
where one can be or be entitled to becom e a m em ber
by reason of his kinship to one who was a m em ber or
who participated in such war; on the contrary, this
provision sim ply defines who may becom e m embers,
and kinship m erely m akes one eligible for m em bership
if elected. And in order to be elected his patriotic and
m oral character m ust conform to the standard adopted.
Still, there m ay be and are, such m em bers who have
perform ed no m ilitary or naval service in either of the
wars nam ed; and the real question is, whether they are
excluded from the privilege given by this resolution,
while it is conferred upon those m em bers of the sam e
order who have seen such service. Except the honorary
m em bership, the m em bers of these orders are m en
who have seen service in the wars nam ed and, in som e
cases, som e of their descendants. But it is apparent
that those of either class, when mem bers at all, are as
m uch mem bers in their own right as the others. Except
as to the original founders, those who organized the
order, they all com e in and becom e m em bers by som e
form of election or choice. The fact of m ilitary or naval
since the word “Navy” in the source statute has, by long-standing administrative
interpretation, been construed to include the Marine Corps.
In subsection (b), the words “in their own right” are omitted as surplusage.
16
Official Opinions of the Attorney-General, Volume XXIII, p. 454.
200
aztec club of 1847
service does not, per se, necessarily entitle anyone to
m em bership. Those of the first class are elected or
chosen, in part, because of their own services; those of
the other class are elected or chosen to the sam e extent
because of the service of their ancestors. But the
reason for the selection or choice cannot affect the
chara cter o f the m em bership. By the rules of the
orders, one is eligible for m em bership, because of one
fact that another is equally eligible because of another
fact, and, when chosen, each is, and equally, a m em ber
in his own right. Indeed, it is not perceived how one
could be a m em ber in any other way. In any case it
seem s certain that this expression is quite sufficient to
m ark any distinction between those who have seen
m ilitary or naval service and those who have not.
But, beyond this is entirely certain that, by no legal
construction, can this resolution be held to refer only to
m em bers of those orders who actually participated in
o n e o f th e w ars n a m ed , to th e exclusion of those
m em bers who did not.
The resolution authorizes officers and m en now in the
service, to wear the badges of “m ilitary associations of
m en who served in the Arm ies and Navies of the United
States in the War of the Revolution, the War of 1812, the
Mexican War, and the War of the Rebellion”, when they
“are m embers of said organizations in their own right”.
By any rule of construction this must be so construed as
to perm it its application to the very orders to which it
expressly refers. But as to those associations of m en
who served in the war of the Revolution or the war of
1812 there are no m em bers now in the service who
s e r v e d in e ith e r o f th o s e w a r s ; a n d u n le s s th e
resolution refers to those members who saw no service,
it is quite idle and unm eaning, so far as it refers to those
two orders. But, a fundam ental rule requires such a
construction, if possible, as will give effect and m eaning
to all the language used. This cannot be done, in this
case , b y h olding that the resolution refe rs o n ly to
m em bers of those orders who are such by reason of
their own m ilitary or naval service.
Congressional Recognition
The sam e construction m ust be applied also to the
other orders, for the sam e language applies to all of
them , and the sam e construction is necessary.
And, if anything m ay be worn in the Army and the Navy
besides the insignia of its present service, surely that
m ay be which com m em orates the sim ilar patrio tic
service of the ancestor of the wearer. It is well for the
Arm y and Navy of the United States, when their officers
and men take pride in the display of those m em entos
which speak of the patriotism and valor of those from
whom they are descended, and no construction that is
not a necessary one, should be placed upon such an
act of Congress, which would forbid to a brave soldier or
s a i l o r t h e d is p la y o f to k e n s s h o w i n g t h a t h e i s
descended also from a brave ancestor.
It is not necessary here to determ ine who were intended
to be excluded as not being m em bers in their own right;
or whether the expression referred, by its antithesis, to
honorary or civilian m embers. It is sufficient to hold
that those who, under the rules of these orders were
eligible for m em bership -- kinship to one who had been
in the service -- and were duly m ade full m em bers, are
m em bers in their own right, and are entitled to wear, on
occasions of cerem ony, the distinctive badges of their
respective orders.
Respectfully,
P. C. KNOX, The Secretary of the Navy
201