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

who IL mixing Ohieer OF tbs Army Ills
IL Butler. Mcclellan or FREMONT!
Xs.~,r I,na

INV YoxK Juse 9. ls6S
To the Hon. Edwin NJ STANTON Secretary a war
SsR-l received from the War Department On the go
ultino oony o. General Buffers demand 70 DO declared
tho ranking officer q the Army al tina United Seases
thai his demand will be referred for decision board Of
officers, and am invited to submit any remarks which
a ~ upon ,no Se ~ s orSeS
In reply have to say that do not think tho quostee
open TO discussion. This Is case involving the scs
tho government, which have q binding and conclusive
force the bare statement OF which 10 sufficient for dsc
sion
The strength OF General Buffers argument rests upon
the assumption that It was the Presidents nteneon
TO make him the senior major general In consideration
his meritorious services rendered in the service Of
the United States &C." But the did not make
his recognition OF these services public and elective
ho d no. Gsrry out any such Sy Saa 40
nominate Generals Mcclellan and Fremont, and gave
General Butler inferior date placing him 10 what Yves
them and always has been, considered distinct ana
separate branch Of the military service TheSenate con-
Armed these nominations accordingly and by thcr act
rails Of tho regular army "to rank such from the leah
day Of May 1861" and General Butler major general u
tbs United states volunteer forces 70 rauk from the 10th
The act Of the sssaas xes the time ct which the ask
sss the o. ne %ss y % e,s
ernment 70 the present day Our respective commissions
conferred upon by that authority which tho CON
stitutiou makes alone competent TO give them and No IN
feror tribunal can by any possibility alter MODIFY the
direct meaning and effect OF the 10 which these
submit my ccmissonheld under this authority the
revision Of any board Of officers NOR can for moeas
question But while entering this IsS w defer
ence to your request make some renarks upon Genera
And In making these remarks couf.e myss1 strictly
70 the Law and the established usage Of tho War Depart
men, holding that stability and good order In the army
only their rigid observance take Tho facts they
arc and in making any distinction between classes and
theM and with no disposition to discriminate otherwise
IN favor Of either Certainly In NO profession can hxy
Of rights and duties and clearly defined authority be more
essential than in the military service seems super
uous to assert fact which the experience and practice
Of the world confirm. Such question could not occur in
any Eurcpean service, certainly not IN Continental En-
rope but in the present extraordinary crcum
stances there necessarily already exists uncertainty
to the public interest TO destroy the precision Of aa
thory fixed by date would unsete all commissions end
s ns IN
the President TO disregard the date in the employment Of
officers shows both the usage itself and the force Of H.
General Butler claims, FIRST that the rank dates from
the day which the letter Of appointment Is received
and not from the day Axed in the commission.
IT, The letter Of appointment is simply letter Of infcr
nation setting out the rank which offered and the date
senseS !" Sy tho Senate The rank and the date Of Il
fixed the President and the Senate together and
the form in which they are both expressed 10 tho com
Register which Classics officer under the head dae Of
commission" and knows nothing Of any letters of ap-
pointmen or oaths Of otce but rests solely on the date
of commission The files aud rapers Of the War Depart
ment must be held to b authentic history
Of the government In tnls sense ] understand
General Butler TO use tho term Storm" and he relies
on these forms he has no case for as here presented
claw, fact and 0rm'' are combined side against
General Buffers individual opinion on the other.
g. Ihat"n consideration Of meritorious services per
formed in the service OF the United States etc., the
President ntended" to give him seniority Of rank.
But the President did not do in the only public and
bis alleged intention o.U For everything the Executive
does there be the warrant Of the law " the relative
positions General Butler and the other major generals
denied to say that any unled intentions OF the Pres
dent are sufficient Of themselves to render void do
berate and 0nal act Of the government TO which he him
self principal party. Upon the retirement Of Lieu
tenant General Scott all the officers whose rank called
in question by General Butler being then in active
service the President placed in chief command General
Mcclellan OF the regular army, one OF the two officers
ranking nra Dy gate o. A. snps sms me
disregard seniority Of rank In assigning command had
not been passed and he would have felt required to give
whatever the Presidents Intentions might have been
acts on this occasion show concusvey his construction
Of ther effect relative rank after they issued
nfh paragraph Of the Army Rseuasious whicS applies
only 70 the case Of commissions Of even date He admits
At the time proceeds apply precisely as il
did Arguing under this head, he proceeds 70 assume
4 Ss Is o.
with Generals Mcclellan and Fremont, and that hs.
70 o. The same corps With them. he draws the
Army Regulations decides the question IN hs favor under
every clause. TO this have " reply
l. That the major generals Of the army do not constitute
. corps.
T. And II they did, General Butler would not belong 70
the corps with Major Generals Mcclellan and Ere.
mont.
s. And II be did beong TO the same corps with them
the fth paragraph does not apply TO him In any Of is
specifications because his date subsequent 70 theirs
The major generals in the service belong grade and
constitute class they do not constitute corps. In
1887 the date Of the Army Regulations quoted by General
Butler, there but major general In the service
and he could not very well be construed into corps
The Articles Of War the word corps In the Of
portion Of the army organized by law with head and
members, any other military body having such organi
zation, a. the marine corps. regiment ID corps
independent company corps body of officers with
head, . corps the typographical Engineers.
Dctachments OF parts Of regiments or OF whole regi
ments, united for particular purpose, whether for
campaign part campaign corps the sense
Of the Rules and Articles Of War; such bodies have
neither head nor members commissioned In tho particu