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volunteers, exclusive of the drafted company which was attached to us by order of the Govr. and the first at head quarters or place of rendezvous, and first organized ( and indeed the only one organized agreeably to law) to wit, by electing their officers. I contended for the rank, but could not come to any agreement. The Governor returned and undertook to fix the rank of each Regt. himself, which he divided as follows. Gano 1st. myself 2nd, & Cass 3rd. As I did not volunteer my services for the purpose of contending for rank or station, I, for the sake of harmony, was willing to submit, but I find that neither my officers nor men are willing to be out ranked by draughted militia, who are commanded by a Colonel appointed by the Governor, whom they conscieve had no legal authority for making any military appointment whatever. This, sir, is a correct statement of our situation at Dayton. As you are intimate both with the president and secretary of war, will you my dear sir, consult, with them on the subject, and write me something, which will, if possible, satisfy the minds of the officers and soldiers. If harmony cannot exist in the army there can be but little calculation on its success.

The officers in Genl. Gano's Division who are by law entitled to the command of the drafts, have come forward and demanded their places, which have been refused them. It is not believed here that the Governor has a right to appoint officers either to command Volunteer or draughted militia. Cass has been appointed Colonel by the Governor, he is, I believe, much esteemed by the 221 who came with him, and they would, I think, prefer him to any other, yet his authority is doubled, and I know not, if any detachment of volunteers from my regiment which might be thrown at any time under his command would conceive themselves bound to obey him, this you know might be attended with serious consequences. As to Genl. Gano who has come out contrary to law (and as they say -usurped the command due by law to his oldest Colo) they appear deter- mined not to obey him, unless instructed to do so, by the President or Secre- tary of war.

It was reported before our troops left this, (and indeed prevented several from going) that they would be commanded by field officers appointed by the Governor. For my own part I must say that Governor Meigs has treated the de- tachment from the second division, with attention and politeness. On the first solicitation he ordered the establishment from my division to be organized into a Regt. immediately; consequently the ten volunteer companies were divided into two Battalions of five companies each and elected their respective Majors the officers of the two Battalions thus formed immediately Elected their Col- onel, the companies having each elected their respective company officers be- fore they left home. This was the nearest to a complyence with the act of congress and of the state on the subject of Volunteers that could be done. yet the state law is different. It only authorizes a volunteer company to be formed out of a Battalion or Regt. and a Battalion or Regt. out of a Brigade, one of our Battalions is formed of the volunteers from the 2nd. Brigade, but the other is formed of volunteers from the 1st & 4th Brigades and the Regiment is formed from the Second division whereas the 39th Section of our state which refers to volunteers limits the formation of a Regt. to the Bounds of a Brigade. yet the formation of the Regt. of Volunteers which I now have the honour to command, comes strictly within the provision of our state Constitution and that part of our law which relates to the Election of militia officers generally, mid I now beg that you will present the volunteer Regt. from the second Division of Ohio Militia to the President, and make known our desire to be accepted under the provisions of the act of the 6th of Feby 1812

Should it be necessary I will forward to the war department a roll of the Regiment.

91

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