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OSL JAMES GALLOWAY JR. TO MEIGS

Camp at Fort McArthur 1st. Novr. 1812

Dr. Sir,

The detachment under Genl Tupper Arrived at this place last evening. My Battalion under the Command of Colo. Sutton, had been sent in to open the road to this place near two weeks before - A great number of my men have taken sick since them came here, nearly one fourth of them are unfit for duty - I cannot account for this unhealthiness of the men here as the situation is high and dry and the Water good - We would be glad to move on, at least to a more healthy situation --

A circumstance took place in camp last evening which has given me some uneasiness -- Capt. Barrett, who has been almost continually absent from camp, on account of his family's ill health, applied to Col Sutton with a written petition [to] obtain a discharge from serving out the bal- ance of his tour a Certificate of the time he has served -- This petition was enforced by a certificate from Capts. Black, Shindeldecker, and Arm- strong that they approved of the reasons assigned by Capt. Barrett, for wishing to quit the service -- The Col. & the Capts. of the Battalions were invited by Capt. Barrett to his tent to deliberate upon the matter I was present when the invitation was made but received none to attend - of course I was not present --

This morning before I had arose from bed. Capt. Barrett called to take leave-- Some hours after Col. Sutton informed me of the Captains having left us, and as a vacancy had taken place in consequence, he wished me to order an election to fill the Vacancy -- I hesitated, and have examined the Militia law of this State, & the laws of the United States, and can find nothing in either to Justify me in going into such a measure -- I have applied to Genl. Tupper for advice or directions how to proceed, but he is unwilling to interfere in the business -- Had the Capt resigned his Commission, there would be no difficulty in Knowing what to do -- But he refused to resign his command at home of the Company he commands there - I am at a loss to know what to do - It appears necessary (if it is not legal) to have a Captain in the Company, and will probably ordered an Election - Mean time I am far from being satisfied that it is correct for an officer Who Commands a drafted company And who is in service by Virtue of the date of his commission -- to leave the service and take his non- commissioned officers with him, and not resign, and obtain discharge from his Colonel, and also a Certificate of the time has served, without the knowledge or leave of the Commanding officer -- I have written to Capt. Barrett stating the difficulties that attend his going away, and required of him immediately to return to camp, and resume his command, or resign his commission and shall delay ordering the Election untill I receive his answer, or direction from you what to do in the business -- meantime I shall have to endure the clamour and censure of the company he has left Who are anxious for an Election -- By the return of Dr. Jewitt I shall be glad to hear from you on this subject - or by mail --

I have run and measured the road , from the Indianboundary line to this place, and have connected the intersection of the road and boundary lines with the north End of Ludlows line, between the United States and Virginia military lands -- It is 27 Miles from Urbana to Solomons town,and 42 to this place --

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