New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-06-12
LETTER FROM MAyOR-GENERhL
FREMONT.
Who il Ranking Officer OF the Army '-h'"
butler, McCl or Fremont
Nrw-YoRK, june o. IooJ'

i(T al.
SIR: I received from tie War Department ON Nuo
ga utimo q copy of Gen. Butlers oenlan" - ~ |
declared the ranking officer OF the ann H. -,
Upited States, regular and voiuhteei;u So
order am informed that his demand VIII oe leleileE
for decision 10 board Of Ulcers ana MN ihNi'en
10 subn,i, auv remarks which de,ire 10 iShs upon
tte subject and AM allowed for 'nS PuP o'o ni'eeh
Ghys from the date OF your ordet; 49,. A., 4,
.,as,;on omen 10 discussion. This If s case involv
IN the acts of the Government, wblch nave bind-
ing and ounclulve force, we paie s'ateuieh' OF
which is sufficient for decs'oh'
Tbe strength of Gen. butler argument rests upon
Tie assumption that It wac the Presidents "in,en-
.,n to make him the senior Major. eueral in COLI
.,daration of his mertoious services rendered IN
The service OF the United States, &c" But the Pres
;d.rt dii not make his recognition Of these services
,nbie and effective He Old not carry out any such
intention" by nominating Gen. Butler 70 the rank
INC postOn, but did 10 nominate Gems Mcclellan and
Eeuont ard gave Gen. Bnter an infer date, plsc
le bm in hat was then, and has always been cOnei
dered "a distinct and separate branch of the military
.eryioe. The Senate confirmed these nominations
cordiugly, ard by their oct constituted Gems. Nc
Cleilan and Fremont Msjor-G eneras of the regular
army " 10 rank such from the 18th day OF May,
1851" and Gen. Butler a MaJor-Genera In the
Unled States volunteer forces 10 rank from the 10th
dsy OF May, 1861.
The see Of the Senate fixes the time at which the
mix shall begin and the usage Of the War Depart
Ineni been in conformity 10 II from the founda
tion Of the Government 10 The present day. Our
resrective commissions were conferred upon US by
thst authority which the Constitution makes alone
Competent 10 give them, and no inferior tribunal
cali, bv any possibility, alter or modify the direct
nesnir aud effect Of the terms in which those com
missions are given. ain, therefore, not willing 10
subul, rav commission held under this authority 10
the REVISION Of sny board Of officers, tau tor
moment by sny act, admit the right of Gen. Bnler
20 call j, into question:. But, while entering ihi-
prOtest | Will, in Difference to Your request, make
ma Rutirf \
And ~ making these remarks coniine myself
strictly TO tue law and the esablished usage Of the
War Department, holding that stability and goc0
order n the army, and the security Of those who be-
long 10 IT, can bs!ouud ony in heir riG Observance
iske The facts ~ they are, and in making dis
tmcon between classes and branches of tie service
] &c 90 because the law makes the,D, and with no
dlspSsitiou 10 discriminate Otherwise in favor VI
sitter Certainly In af0!ession can fXiiy Of
rigtis and duties and 81, ry defined authority he
more essential than in the military service. 1t
seems super iiuous 10 assert fact Which the eApen
euce and practice Oi the world coDiirin.
Snsh question could not occur III any Euro,ciu
service, certainly not in Continental Europe; but
IN on,s under tie present extra rdinary circnm-
usnces there necessarily already exi.ts uncer
uirty and confus!Ou, greatly leTfeAIDg 10 otlceTs
and INJURIOUS 10 tie pubic interest. TO destroy the
mr., rsou Of authority fixed by date would unsettle
Al commissions, ard seriously disturb the whole
economy of the army. The TACT that 1t required
s,ecial &c, of Congress 10 enable the Presicsnt 10
Dir enaf0 The cate IN the ttnplON DeDl OF OIucefe
shows both The usage itself and the force OF It,
Cen Ru;ler claims, FIRST that the Tank dates from
Tie dGy on which the letter Of appointment j. re-
teiveG and not f.om the day fixed III the ooramis.
Whit. Tie letter Of appointment is simply "a leaer
Of lnlomaiiun setting out the rank which ls offered
and the date from which that rank shall be t.ld 10
take effect # consented To by the Senate. The iGIk
spd date Of II are hxed by the President and the
st.a.. tfsrFrt IN ka.
bon expressed ia the commission iself and the
official record Of The Army Register which cassiles
officers under the head " date OF e0mmi-sioD,' and
knows nothing of any letters of appointment OF
o,tbs Of Office, hut rests solely on the date Of
NJ NON The files and papers OF the War Depart
r,ent Inuf beld 10 be authentic history Of all
-sbBe sr,.s elsiive 20 that branch Of H.. Govern
uent. In Shis sense understand General Butler 10
use the Term forln," and II he relies these forms
he hss 70 case, for here presented, Law, fact
end form are combined on one side against Gen.
Dutlers individual opinion on The other.
9. That Z" ia consideration Of mtri'orous servioes
rerformec in the seTvice OF the United STATE, &c.
tie Precedent "iDtended 70 give hin seniority Of
But The Presiden, did not do in the only public
ard official WAY which could give validity or bind
M force 70 bis alleged intention. For everything
lie Executive does there must be the warrant OF
NV" the relative PORTIONS OF Gen. Butler aud tbe
other Major Generals fixed under this war
YaIt" and 1t would be unprecedented 10 say that
env unfulfled Intentions OF the PTesident are sui
fcient Of themselves TO render void deliberate aud
6usl act Ct the Government TO which he himself war
principal party.
Upon the retirement Of Lieut.-Geu Scott all the
of,cers whCfe rank 10 called IN question by Gen.
Butler being then in active service, the President
placed in cbie' command Gen. Mcclellan Of the
regular army, Of the two officers ranking Tint
by date Of commission. 1t that TINE tie resolution
OF April H. 1867 authorizing the Prefident 10 tisre-
gard seniority Of rank IN assigning COMMAND had
90, been paced, and be would have felt required to
give Gen. Butler the chief command, which would
bave been be Of night Il be were The senior MaJof'
General Whatever the Presidents intentions
miynt have been before the issuance OF the re-poc
live COMM SOM bis acts this occasion show CON
,gsiyey bE construction Of thor efiect al 10 relhve
sank after they were issued.
g. Gen. Bntler, in support OF his clain, cites The
6fth paragraph Of the Army kegniations. which ap-
Mics Only 10 the care Of commissions OF even date.
h. admits that this would hardly seem " cover
his csee bu, al the same time proceeds 10 apply 1t
pr,eisely ar # it did. Arguing under this head, he
proceeds TO sssume that the MAYOR Generals OF The
kruy constitute corps, aud assuming at The saue
tim. hat be is Of even date with Gene. Mcclellan
aud Fremont and that he il of the same corps with
tbetn he draws the conclusion that this nth par
sgrauh Of The Army Regulations decides the ques-
ton 10 HE favor under every clause. 10 this nave
W reply:
l. That the major generals Of the army do not
constitute a coUs.
.. And Il they did Gen Butler wonld not belong
70 tie san@ corps with MsJor-GeDs. Mcclellan and
Fremont.
8 And if he did belong 10 the same corps with
them the fifth paragraph does not apply 10 him iD
any Of speeicatIoDs, because his date Is sabse
Ql,Dt 70 theirs.
Tee major generals in the service belong 10 u
grade and constitute clara they do not constitute
eofIs IL 1857. the date Of tbs Army Regulations
quoted by Gen. Butler there was but ole major.