The Arkansas advocate., 1836-10-28
ARKANSAS VOLUNTEERS.

AAAA1Ntoao fOLCN IGG1IS.
 We published in last the correspondence between Ut Col Fowler and Governor Conway upon this subject long Editorial article appears the last Gazette tending that the election legal and proper and that the Governor has rghtfy issued commissions to the of fcers elected. The argument is founded upon that clause in the act of Congress which provides that the off, of the Volunteers shall be appointed in the manner prescribed by law in the State Territory where said Volunteers are raed-and upon the militia law of Ark ansas, which allows thrty-two to form Company, and seven Companies Regiment.
 The Of Congress also provides that the said Youn teers so offering their services shall be accepted in Com panies, Battalons, S1c. The Battalion commanded by It. Col Fowler mustered into the service at Fort Towson, became part of the command of It. Col yose and such reported to the President After this was done, the other Companies joined the Battalion and the question is, whether the Companies could elect Colonel. When the Battalion was incorporated with the force at Fort Fowson it became subject the rules and articles of Warand together with the regular troops there stationed became body under the command of the Commandant of the garrison. Could the Companies, being only portion of the whole force the post and subject to the rules the IT, $ Ar my, elect Colonel, who should outrank the Command ant and take the command of the post Did the seven Companies compose Regiment? Gen. Gaines demand cd Regiment, to be composed Companies, each lof ffty This woad-be Regiment was composed of screen Companias, not averaging fifty men each. Would Gen Gaines then have accepted the seven Companies as Regiment! Of course not. Were the seven Compa- nes under the command of Gen. Gaines or of the Cover nor of Arkansas? 0fGen. Gaines unquestonab1y- they in actual servce-beyond frontter--rnus tered part of the regular force the post and report cd the President. Cur Constitution provides that the Governor shall be Commander in Chief of the
 to, ercept when called into the service of the United States. Being therefore under command of Gen. Gaines and being Regiment under his requiston or by the rules and regulations of the Army they had right elect a Colonel
 But, says the Gazette the officers were to be appointed under our laws. Very well-what does this mean? Does it mean that seven Companies ofthirty-two each being but 224 men, should be considered Regi- mont and entitled to Colonel because 1t is by our laws! By no means The act of Congress expressly n- tended to make these Volunteers part the Regular Army-and numbers to be precisely similar other portions of that Regular Army. A Company d Bat talon, a Regiment of Volunteers must be the numbers a Company, Battalion Regiment of Regu- lar troops. Such, too, is General Gaines requstion. What then does the clause of the of Congres mean! It means simply that ifthe Regiment Battalion is from
 State where the prvates elect the Field Officers, they shall be elected in that way If from State where the Commissioned officers elect them, they shall be elect ed-and that is all it does mean.
 It is clear, then, that the Companies could not elect Colonel The utmost the two additional Com panics could do to elect Major to command them selves. Whenever, by the addition of three other Com panies, the second Battalion was filled, then application could be made to the Commanding General, that the Regiment should be organized
 We contend tiat the Governor, and consequently the Aduant General, had power to order any election after the Volunteers had placed themselves under Con- Gaines command-and that the commissions recently issued void Has the the Governor power to with draw the Volunteers from the service! Has he any tro whatever over their movements! None on earth- They are part of the Army of the United Staes-and
 they were to retire from the army the command of the Governor, they would be treated as deserters.
 The Gazette re-asserts that Col. Fowler did resign his It. Colonecy. Col. Fowler has said to the Execu- tive, that he did not Few We presume, will consider the testimony of the Gazette any offset his assertion
 We have said more upon this subject than intend- ed Col Fowler has proceeded to the army, to lay the whole matter before the Commanding General The de- cison of that officer will i'll due time be gvenand we, for one are thoroughly convinced that he, and not Gov Conway has the right to decide this question. We feel as much interest any in the character and for the reputation of the Arkansas Vounteersand do sim cerely hope that demagoguing and unworthy ntrgues may not succeed against honorable and valuable officer further than this, we have feeling in the natter To hte Editor of Inc .4rkaasas aduocate.
 OcToBER 20th, 1896.
 SlR-Et was my intention not again to have snokan