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