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an fixity of rights and duties and clearly defined authority be more essential than in the military service. It seems superfluous to assert a fact which the experience and practice of the world confirm. Such a question could not occur in any European service, certainly not in Continental Europe; but in ours, under the present extraordinary circumstances, there necessarily already exists an uncertainty and confusion, greatly perplexing to officers and injurious to the public interest. To desEurope; but in ours, under the present extraordinary circumstances, there necessarily already exists an uncertainty and confusion, greatly perplexing to officers and injurious to the public interest. To destroy the precision of authority fixed by date would unsettle all commissions, and seriously disturb the whole economy of the army. The fact that it required a special act of Congress to enable the President to disregard the date in the employment of officers shows both the usage itself and the force of it. General Butler claims, first, that the rank dates from the day on which the letter of appointment is received, and not from the day fixed in the commission. The statement of the point c
United States (United States) (search for this): chapter 7
r Major-General, in consideration of his meritorious services rendered in the service of the United States, etc. But the President did not make his recognition of these services public and effectivee other. 2. That in consideration of meritorious services performed in the service of the United States, etc., the President intended to give him seniority of the rank. But the President did noy twenty-ninth, 1861, entitled, An Act to increase the present military establishment of the United States, and beginning, That there shall be added to the regular army, etc. Under this act the regulesident intended to give General Butler the position of ranking general in the armies of the United States, regular and volunteer, why did he not place him in the ranking body? And why did he, on thonal and binding in all its terms, and I respectfully submit that there is no authority competent to modify it. Very respectfully, your obedient servant, John C. Fremont, Major-General U. S. A.
New York (New York, United States) (search for this): chapter 7
Doc. 7.-General Fremont's letter. New-York, June 6, 1863. To the Hon. Edwin M. Stanton, Secretary of War: Sir: I received from the War Department on the twenty-third ultimo, a copy of Gen. Butler's demand to be declared the ranking officer of the army of the United States, regular and volunteer. By your order I am informed that his demand will be referred for decision to a board of officers, and I am invited to submit any remarks which I desire to make upon the subject, and am allowed for this purpose fifteen days from the date of your order. In reply, I have to say that I do not think the question open to discussion. This is a case involving the acts of the Government, which have a binding and conclusive force, the bare statement of which is sufficient for a decision. The strength of Gen. Butler's argument rests upon the assumption that it was the President's intention to make him the senior Major-General, in consideration of his meritorious services rendered in the
N. P. Banks (search for this): chapter 7
twenty-sixth, 1812, entitled, An act for the more perfect organization of the army of the United States, enacts that the military establishment authorized by law previous to the twelfth day of April, 1808, and the additional military force raised by virtue of the act of April twelfth, 1808, be, and the same are hereby incorporated, etc. While upon this subject of distinct corps it may be pertinent to make the following observation: The appointments of Generals McClellan, Fremont, Butler, Banks, and Dix were virtually all made in May, and were made generally known in the public journals of that month. At that time, under the law (see ninety-eighth Article of War) and under immemorial usage, officers of the regular army ranked those of the militia or volunteers, and this usage was carried out through all the details. of service. The regular troops as a body were always placed on the right ranking position, the marine corps next in order, and in the extreme left the militia or v
he present military establishment of the United States, and beginning, That there shall be added to the regular army, etc. Under this act the regular army was increased to thirty regiments, namely, nineteen of infantry, six of cavalry, and five of artillery. Section three reads: That there shall be added to the army of the United States the following general officers, namely, four major-generals, etc. The four major-generals appointed under this act--Generals McClellan, Fremont, Halleck, and Wool--all had been or were in the regular army. The whole current of the debate in the Senate upon the passage of this law is unfavorable to General Butler's 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, unless he should have previously served at least ten years in the regular or volunteer service. General Butler had served two months in the volunteer service when appointed major-
Robert N. Scott (search for this): chapter 7
it would be unprecedented to say that any unfulfilled intentions of the President are sufficient of themselves to render void a deliberate and final act of the Government to which he himself was a principal party. Upon the retirement of Lieut.-Gen. Scott all the officers whose rank is called in question by Gen. Butler being then in active service, the President placed in chief command Gen. McClellan of the regular army, one of the two officers ranking first by date of commission. At that thave neither head nor members commissioned in the particular body temporarily so united, but the officers with such detachments hold commissions either in the corps composing the detachment, in the army at large, in the marine corps or militia. (Scott's Military Dictionary.) The same work, under the word line, gives an extract from General Order Number 51 of the series of 1851, in which President Fillmore explains the rule regulating seniority of rank among officers of different corps, and
J. A. Dix (search for this): chapter 7
xth, 1812, entitled, An act for the more perfect organization of the army of the United States, enacts that the military establishment authorized by law previous to the twelfth day of April, 1808, and the additional military force raised by virtue of the act of April twelfth, 1808, be, and the same are hereby incorporated, etc. While upon this subject of distinct corps it may be pertinent to make the following observation: The appointments of Generals McClellan, Fremont, Butler, Banks, and Dix were virtually all made in May, and were made generally known in the public journals of that month. At that time, under the law (see ninety-eighth Article of War) and under immemorial usage, officers of the regular army ranked those of the militia or volunteers, and this usage was carried out through all the details. of service. The regular troops as a body were always placed on the right ranking position, the marine corps next in order, and in the extreme left the militia or volunteers.
H. W. Halleck (search for this): chapter 7
increase the present military establishment of the United States, and beginning, That there shall be added to the regular army, etc. Under this act the regular army was increased to thirty regiments, namely, nineteen of infantry, six of cavalry, and five of artillery. Section three reads: That there shall be added to the army of the United States the following general officers, namely, four major-generals, etc. The four major-generals appointed under this act--Generals McClellan, Fremont, Halleck, and Wool--all had been or were in the regular army. The whole current of the debate in the Senate upon the passage of this law is unfavorable to General Butler's 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, unless he should have previously served at least ten years in the regular or volunteer service. General Butler had served two months in the volunteer service when appo
or a part campaign, are not corps in the sense of the Rules and Articles of War; for such bodies have neither head nor members commissioned in the particular body temporarily so united, but the officers with such detachments hold commissions either in the corps composing the detachment, in the army at large, in the marine corps or militia. (Scott's Military Dictionary.) The same work, under the word line, gives an extract from General Order Number 51 of the series of 1851, in which President Fillmore explains the rule regulating seniority of rank among officers of different corps, and concludes by remarking that when a major-general or brigadier-general is present, no question can arise as to the right to command, because the general officer, not belonging to any corps, takes command by virtue of a general rule of superiority in rank. Generals McClellan and Fremont were commissioned major-generals in the regular or permanent army of the United States, and General Butler in the v
B. F. Butler (search for this): chapter 7
and form, are combined on one side against Gen. Butler's individual opinions on the other. 2. Twarrant of law ; the relative positions of General Butler and the other Major-Generals are fixed undfficers whose rank is called in question by Gen. Butler being then in active service, the Presidentconstitute a corps. 2. And if they did, General Butler would not belong to the same corps with Mathe date of the Army Regulations quoted by General Butler, there was but one major-general in the ser permanent army of the United States, and General Butler in the volunteer or temporary force raised the passage of this law is unfavorable to General Butler's claim. Among the amendments strongly prears in the regular or volunteer service. General Butler had served two months in the volunteer seril through the outside points presented by General Butler. In his concluding remarks he affirms tions. The Act of August sixth, 1861, made General Butler senior to brigadier-generals appointed on [20 more...]
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