The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-06-11

Why dh be- On TIE contrary place him tha, branch of
Che military service where law ana usage positively made
grade in tho other branch Of the servtoss
In point VI ct, Of these appointments made be
any legal status he sos Of the Prss.aen. IN asas tho
appointments merely provisional and cut IL The ne
cessi,y OF the case Upon the constituent u these laws
she President submitted his appointments - the ceuder
alton Of the Senate and ser thsy had boon confirmed ~
this body the commissions were issued oonformasy.
expressly operate against General Buers CLAIM 70 bs-
sons 70 the same corps with Generals Mcclellan and Fro
mont the hfth paragraph q the Army Regulations aoes
not apply TO him IN any its specifications because tho
decree OF the Senate completing the respective commm
sions and axg e character and the exens Of The auho
rity conferred positively assign him inferior and sub
sequent date. Therefore the Regulations which interpret
they enact notng-which interpret and fosnalize the
Do understood by the term "form," Dc net 10 sny way
sustain General utlers position in doroeaon ef the tao
generals first named in the Register
IL peculiarly Of the argument brought forward nm
der the fifth paragraph that hroughout based upon an
assumption Of hcss which General Butler himself, in his
preliminary remarks, declares do NOT exist namely
priority Of In his own and ts consequent
coincidence with the commissions OF the general officers
whom he thereby holds TO come sin collision OF seniority
with himself With the fact constantly In Wow that tbs
argument rests on an imaginary basis g sort OF ano
may to the understanding tofolow IN detail through sAe
Guiding he airms that "tbere act OF Con-
gress which has or can settle seniority o. rank" But
,So, sn ners ss 90 % y. "
August 1861 made General Butler senior 20 brgadier
generals appointed or after July g. 1851 and gave
him his emily claim TO seniority upon ths ground Of sspe
rior rank when appointed.
General Butler adds that Qsestisss Of seniority now
only useful IN points Of etiquette and service upon
courts MARTIAL" But these questions involve something
more than etiquette They questions or rank and Of
rank under such circumstances often to convey the
most positive control and command The resolution Of
April a. 1882, authorizing the President Ito assign tho
command OF troops Ia the field department 70
officers Of the grade without regard 10 seniority
does not yate the right TO command, which given BY
superiority Of rank except in those whom Il s
ciay 90 ordered by the President.
rest here my remarks the subject, concluding
briefly General Butler demands that the commissions
OF Generals Mcclellan and Fremont be In part set aside In
his favor upon the ground that in consideration Of hts
ssrvces In the Department Of Annapolis. the President
intended TO give him the position legally held by one
OF those two officers. To this desire finally 10 reply,
that the Of President Senate which conferred
them their commissions constitutional and binding
in all its terms and respectfully submit that thero Ia
authority competent 70 modify Il.
Very respectfully, your obedent servant,
J, G. FREMONT, Major General, U. 8. A.