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OSL FOOS TO MEIS

Franklinton Jan. 23d. 1813

Dr. Governor

I this Evening recd. a letter from Colo. McArthur dated yesterday perporting to be Division Orders directed to me from him as Major Genl of the 2d. Division of the militia of this State -- being under the solm impression that he abandoned & vacated that office when he accepted the office of Colo in the militia of this state in & in the service of the United States -- And further that he is now a prisner of war on the parolle of honor -- did not the Genl Government deside that prisners of war were inelligeble to serve in the United States Service Witness Genl. Taylor but I wait your orders & desition on this subject with- oute which I cannot act. I hope to hear from you shortly - I have written plainly to Colo. McArthur on the subject which letter I would wish you to see --

I am Sir with sentiments of Esteem your Respectfuly

Jos. Foos

His Excellency
Return J. Megs

N.B. is not Colo. McArthur now drawing his pay as Colo. in Hull's army -- and will he not be entitled to it untill exchanged -- did not Genl Harrison refuse to let him & others in the same situation joine the army that went to fort Wayne -- I hope not to be understood as wishing to retain the command of the Division but am anxious some thing desisive could be done --

J. F.

As you ordered me to take the command of the Division I ought to have you[r] orders when it is your pleasure I should relinquish it