New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-06-12
Jnlv %, 1861, entitled IAN Act 10 increase the
Pre,eni MiIi,alY Estabisbment Of the United


1br army wat Increased Io thirty regiments, namely:
Nineteen OF infantry, Tx OF cavalry, and five If
artillery. Section 3 reads: That there shall be
added 10 the army of the United States the follow
inn general Ulcers. namely -Four Major. Generals"
&c. The four Major-Gererals appointed under this
sct-Gens. Mcclellan, Fremont, Halleck, and COL
all had been in the regular army.
The whole current OF tie debate in the Senate
upon the passage of this law is unfsvorabe 10 Gen.
Buffers claim. Among the amendments strongly
pressed was one to the effect that no officer should
be appointed to the increased regular army above
the rank Of colonel upless he should have eyousy
served III least years in the regular volunteer
service. Gen. Butler had served two months in the
volunteer service when appointed Major-General;
Gen. Mcclellan, twelve years continuously in the
regular army, reslgnIpg with the rank OF captain;
Gen. Fremont, ten years continuously in tho regular
army, signing with the rank OF heutensnt-colOnel.
Gen. Butler commissioned under section Of
act approved July ~, 1861, entitled AN set TO
authorize the employment OF volunteers. &c" The
fourth section reads "That the Presidents! shall be-
authorized TO appoint, by and with the advice ard
consent Of the Senate tor the command OF the forces
ovded for in tina act, number of Major-Geneials
not exceeding six, &c." Section of sn additional
act, approved July IS 1861, entitled can act III
volunteers, &c." esys: "That the President shall
be authorized to appoint, by and with the advice
and consent of the Senate, for the command of the
volunteer forces, such number OF MaJor-ieuerals as
NAV In his Judgment be required Tor their orgaDzs-
tiou," using nearly the saline terms az In the pre-
vlous oct.
| These three acts indsputably show that Congress
held the regular Army and the Volunteer forces 70
be distinct bodies, and that Generals Mcclellan and
Fremont belong 10 seI Arate military es Adjustment,
and not III any sense to the same corps with
Gen. Butler. 1t requires an act OF Congress and
reor. anizaion to bring these two bodies into one.
Section Of an act approved June 26, 1872. entitled
| IAN act Tor the more perfect organization OF the
Army oi the United States, enscts " That the mil
itary establishment authorized by law previous
" the 10Th day OF April, 1893, and the additional
military force raised by virtue OF the act OF April
- 1893, be- and the sans are hereby Incorporated"
| Sc.
Niile upon this subject Of Distinct corps Il may
| DO pertinent TO make the following observation:
! HE appointments Of Gens.t Mcclellan, Fremont,
| Butler Banks and Dix. were virtually all made in
May, and were made generally known 10 tie public
I Journals ot that month.
| At that time, under tie law (see 9sth Article of
War; and urder iInmemoral usage, officers of the
regular Army ranked those Of the militia OF volun-
teoIt. Aud this usage WA carIied Out through oil
the details Of service. The regular troops ody
we,e always placed on the night OF ranking posi-
tun, tie marine Corps next IN oicer, ana III tbe
| IRENE lett the militia or volunteers.
II when he made these appointments the President
intended give Gen. Butler the position OF ranking
General in the armies Of tie Uned States, req uar
and volunteer WHY did he not place i'm in the rank
ing body And why did lie, Oh the contrary. place
MIN in that branch OF the military service where law
and usage positively made him junior In rank 10
every other officer OF the grade in the other
braLeh Of Tie service
In point OF fact, hone Of thsss appointments made
before tue pssssge Of the Acts Of July -. IS and
20 gave any legal status The act Of the President
IN making tie al poiGtmenis WAS merely provisional
and out OF the necessity Of the case. Upon the en-
actmsnt OF ihese laws the President submitted bis
appointments 10 the consideration Of the Senate and
alter they had beeA confirmed by ths body tie com
missions were Issued coniormsby.
But admitting that military usage and the laws
did not expressly operate against Gen. Buffers
claim to belong to the same corps with Gems. Ne
ClelIan and Fremont, the nth Paragraph Of the
Army Regulations does not apply ~ han IA any OF is
,pecifcatour because the decree Of the Senate COM
| iletpg the respective cOumissions and fixing tie
character and the xeIt OF iie authority conferred
positively assign ham an inferior and suDsoquen
Gate. Therefore, the Regulations, which interpret
they epao: neihing--which interpret and formai-
ne the acts OF Congress, and make another bTsinch
OF what rDust be unccrstood by TIE term form, do
uot IN any way sustain Gen. Boilers pJtiton ia
derogalion ei tie Two Ge.esals hIsl NAMED The
Register.
AZ 10 q regularity Of tho argument brought for
ward under tie iitn paragraph tat throughout IL is
based upon resumption Of i"cis which ten. But
Ter himsei, in his preliminary remarks declares do
not exist, namely, priority al dale ih his own com
mission and Ito cOuse4u o9ncidehce ith The CON-
uissiOns Of the general Cheers whom lie thereby
! ood, 10 come Tin order Of seniority with him.
self With The fact constantly IN view that the ar
gument Iests Oh III Imaginary tats, i IL sor OF
anomaly 20 the understanding to follow II III detail
through the outside points presented by Gen. But
Ter.
In his concluding remsIls lie sfirms that " there
Is no act Of Congress which hat sette senior
" q, rank" But oeriduly there Are many prece.
dent, which 90 10 show that they aud do settle
snch questious. The act OF August 3, 1861 made
General Buller s-nior 10 Observation-Disclosures np-
pointed On or after July =. lool and gave him ms
only clam to seniority upon the ground OF hyperion
rank wDen aploiuie1.
Gen. Batter ado, that questions Of seniority now
are only useful IN points OF etiquette aud service
upon courts martial Bot these questions ilvolve
somethiug more than etiquette They questions
Of ralk aud OF rank under such circumstances IA
ofeu 10 convey the uOsi positive cOntfOi aud com
Inand The resolution " Apnl 4, 1872 authorizing
the President to sse1n the command OF troops III
me came field or department ~ officers Of tue
arade without regard seniority, does not yiii4e
me night ~ COMMAND, which In gwen By supenonty
II rank except IN those cases wien A. ~ specially b.
ordered 10y the President.
Iest here iny rsmAT Ike on the subject, concluding
briefly. Gen. Butler demands thai the commissions
of Gcus Mcclellan and Fremont be in paF sci aside
IN his iayOr upon the ground that, in consideration
Of Ls services IN the Department VI Annapolis the
Pre- sdeut intended 10 give HIM the posti0n now Ie-
ually held by one Of those two officers. 10 thir
desire finally reply that the act OF the PiesidenI
and Senate which conferred the III their coDiIilB-
,ioDs Uas constitutional and binding III oil It's terms,
and respectfully submit that there 10 10 authority
coDpeLont ~ modify II.
yuy fespsGt.uiy. cur obedent servant,
JOHN C. Fremont, Ms,or.0ensr,i o. q. A.