NAVY DEPARTMENT, _August 2, 1861_.
The PRESIDENT OF THE UNITED STATES.
SIR: I have the honor to acknowledge the receipt of the resolution of
the Senate of the 31st ultimo, in relation to the recent nominations of
lieutenants of marines, which nominations were directed to "be returned
to the President and he be informed that the Senate adhere to the
opinion expressed in the resolution passed by them on the 19th of July
instant, and that the Senate are of opinion that rank and position in
the Army, Navy, or Marine Corps should not be decided by lot, but that,
all other things being equal, preference should be given to age."
If I understand correctly the resolution of the Senate, it is an
expression of opinion on the part of that body against the Army
Regulations, which are made applicable to the Marine Corps--regulations
that have been in existence almost from the commencement of the
Government.
In the published edition of Army Regulations when Mr. Calhoun was
Secretary of War, section 1, article 3, it is expressly stated that the
questions respecting the rank of officers arising from the sameness of
dates in commissions of the same grade shall be decided, first, by a
reference to the relative rank of the parties in the regular forces
(including the United States Marine Corps) at the time the present
appointments or promotions were made; second, by reference to former
rank therein taken away by derangement or disbandment; third, by
reference to former rank therein given up by resignation; fourth, by
lottery.
And in the last edition of Army Regulations, before me, published in
1857, it is specified in article 2, section 5, that "when commissions
are of the same date the rank is to be decided between officers of the
same regiment or corps by the order of appointment; between officers of
different regiments or corps, first, by rank in actual service when
appointed; second, by former rank and service in the Army or Marine
Corps; third, by lottery among such as have not been in the military
service of the United States."
The rule here laid down governed in the appointment of the lieutenants
of marines who have been nominated the present session to the Senate.
Their order of rank was determined by lottery, agreeably to the
published Army Regulations, and applied by those regulations
specifically to the Marine Corps.
The gentlemen thus appointed in conformity to regulations have been
mustered into service and done duty under fire. One of the number has
fallen in the rank and place assigned him according to those
regulations, and to set them aside and make a new order in conflict with
the regulations will, I apprehend, be deemed, if not _ex post facto_,
almost invidious.
In this matter the Department has no feeling, but it is desirable that
it should be distinctly settled whether hereafter the Army Regulations
are to govern in the question of rank in the Marine Corps or whether
they are to be set aside by resolution of the Senate.
I have the honor to return the papers and subscribe myself, very
respectfully, your obedient servant,