M. VAN BUREN.

WAR DEPARTMENT, _December 11, 1839_.

The PRESIDENT OF THE UNITED STATES.

SIR: In submitting the accompanying list[55] of promotions and

appointments, which I respectfully recommend for your approval, I beg

leave to call your attention to that part of it which relates to the

Quartermaster's Department.

The seventh section of the act of 2d of March, 1821, fixing the

military peace establishment, provides "that there shall be one

Quartermaster-General; that there shall be two quartermasters with

the rank, pay, and emoluments of majors of cavalry, and ten assistant

quartermasters, who shall, in addition to their pay in the line, receive

a sum not less than ten nor more than twenty dollars per month, to be

regulated by the Secretary of War."

The third section of the act of the 18th May, 1826, provides for "two

additional quartermasters and ten assistant quartermasters, to be taken

from the line of the Army, who shall have the same rank and compensation

as are provided for like grades by the act of the 2d March, 1821," above

quoted; that is to say, the two additional quartermasters shall have the

"rank, pay, and emoluments of majors of cavalry," and the ten additional

assistant quartermasters "shall, in addition to their pay in the line,

receive a sum not less than $10 nor more than $20 per month."

The ninth section of the act of the 5th July, 1838, provides "that the

President of the United States be authorized, by and with the advice and

consent of the Senate, to add to the Quartermaster's Department not

exceeding two assistant quartermasters-general with the rank of colonel,

two deputy quartermasters-general with the rank of lieutenant-colonel,

and eight assistant quartermasters with the rank of captain; that the

assistant quartermasters now in service shall have the same rank as is

provided by this act for those hereby authorized: ... _Provided_, That

all the appointments in the Quartermaster's Department shall be made

from the Army, ... and that promotions in said Department shall take

place as in regiments and corps."

These are believed to be the only laws now in force which provide for

the organization of the Quartermaster's Department, and they are here

cited with a view to a full and clear understanding of the question of

precedence of rank between certain officers of that Department.

Prior to the act of the 5th of July, 1838, last quoted, the assistant

quartermasters were selected from the several regiments of the line to

perform duty in the Quartermaster's Department. They were never

commissioned in the Department; they merely received letters of

appointment as assistant quartermasters, and were allowed the additional

pay provided by the act of the 2d March, 1821, and 16th May, 1826. They

held no rank in the Department separate from their rank in the line, and

were liable to be returned to their regiments according to the wants of

the service or at the pleasure of the President. In completing the

organization of the Department provided by the act of 5th July. 1838,

several officers were selected from regiments for appointment as

assistant quartermasters whose lineal rank was greater than that held by

the assistant quartermasters then doing duty in the Department, and on

the 7th of July, the list being nearly completed, it was submitted to

the Senate for confirmation. All the assistant quartermasters thus

submitted to the Senate were confirmed to take rank from the 7th of

July, and in the order they were nominated, which was according to their

seniority in the line and agreeably to what was conceived to be the

intention of the law. Had the opposite course been pursued, the

lieutenants serving in the Department must either have outranked some of

the captains selected or else the selections must have been confined

altogether to the subaltern officers of the Army. It will appear,

therefore, that the relative rank of these officers has been properly

settled, both by a fair construction of the law and the long-established

regulation of the service which requires that "in cases where

commissions of the same grade and date interfere a retrospect is to be

had to former commissions in actual service at the time of appointment."

But as several of the assistant quartermasters who were doing duty in

the Department prior to the act of the 5th of July, 1838, have felt

themselves aggrieved by this construction of the law, and have urged a

consideration of their claims to priority of rank, I have felt it my

duty to lay their communications before you, with a view to their being

submitted to the Senate with the accompanying list,[55] should you think

proper to do so.

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