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,

GIDEON WELLES.



EXECUTIVE MANSION, _August 5, 1861_.