Annotation
[1] ADS, DNA RG 46, Thirty-seventh Congress, First Session, Senate 37B A6, Box 9. The Senate resolution directed that the nominations of a list of second lieutenants in the Marine Corps be returned to the president and that `` . . . the Senate are of opinion that rank and position in the Army, Navy, or Marine Corps should not be left to be decided by lot, but that, all other things being equal, preference should be given to age.'' (Executive Journal, July 31, p. 493). Secretary Welles replied that according to Army and Navy regulations `` . . . questions respecting the rank of officers arising from the sameness of dates in commissions of the same grade shall be decided .... by lottery among such as have not been in the military service of the United States.'' (Ibid., August 3, p. 527). Senator Hale from the committee on Naval Affairs reported August 5, that Secretary Welles' citation of regulations `` . . . has not the slightest reference to the case under consideration. . . . '' because the regulation applied only to `` . . . officers of different regiments or corps. It is not to be resorted to, then, until the other tests provided are exhausted, but between officers of the same date of the same regiment or corps the order of appointment prevails. It is believed that this order of appointment has never . . . been fixed by lot, and if it shall be allowed in the present instance . . . will be of the most demoralizing character. . . . '' (Ibid., p. 548). But Senator Hale's resolution to send a copy of the report to the president was voted down.