New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-03

IN. constitutional provision aud the uniform practice OF
militia when called into service shall be organized in the
mode prescribed by law for volunteers thst TO- the organ
sson must be by batteries and regments aud the ~
such batteries and 10 to be appointed by the Stse
but the brigade division. and amy - coniinande arc "
DO appointed by the President.
any ucou II constitutionsl or legal provision 10
consider the consequences Of different enc Let US
oufv by officers appointed by tho States for this mat
ter Of command is the real question involved. NH,
Suppose single battery battalion, or regiment oil MALTA
BE- called n,o service II could under this view be command
ed eply by officers OF hgStste in which raised IL msn'
be attached to brigade division OF ATTY corps o. soi
give Il orders No could be made OF IL un the pa
cu,r State appointed ;n eeer Of higher sTa na ide
service Again, suppose there are ten regments rom
int S... ~ .s ss o that eo for the
must be msde by tho States respectively ard an oeer sp
st,s willie in the service Of the Un ed States hardly
be supposed that the fsme oil intended 20
authorize the Of the State militia Ia The service OF the
United States aud at the same time to put such restrictions
upon that 90 to render II impossible - -
dent under The .nhofy the Of july IL has called for
draft Of $4,000 men from tie militia OF ne oytl ga e.
The dhed to be organized into regiments ~ the
states. and mustered into the service OF the United
stses by regiments as organize and oeecd b. se STATE
respectively What Is 70 be done with 'he's MILD, ,,p
stsesi The Law contemplate, that they sre 20 be used the
and te sssisrod TO brsade' divisions and ty corps
under regulsr volunteer commsnaeTf, IegD az pointed ~
tIar Pa lent n he
Pat N state mild. can be com nsnded only By Offices p
pointed by respectively h,ve twenty or thirty
separate and pendent heh cannot be mace
10 lei IN cor Junction aid which bQund TO obey ony lbs
ordeIs Of The officers pointed by their own Ss,e Could
ono in CINE more peTse. az. o. mis .ns,e,
by tie United States and get mol so'ened or ccinsnacd
BY tie United states ss;h scohtiucHgn o. the 9Athe,
ton opens the shortest possible road 10 diouiicn and
h,1e no doubt ths. the p.ee Of the GO,.rDn.u. IN
gard to mill la ho service d the Uliei siss. la persc,
soeordsre. with The constitutional provision Isie,d % and
,h', battery battalion or regimen. o. nlis when mn..
rank appointed by the United state,
Ia r.Id 70 f.k tls Any sssa.9S. are very 'Pse ,
United States officers Of iEe sses comHis,oned By
State. 80
Adopting this view Of tho general question. viii now
examine bow fer the ~ the sgihoniy given By the
Prcdsn 10 tho Governor Il a.,ou TO tai'e militia Tor the
service Of the United States except. uch f)fces from Tie gen
er.l rule Of command whle Ia soeh service his authority
prescribe how this miis iooe "" 10 De received
mo ,ervce OF the United States. "a fact under
the orders Of the War Department received By companies
and regiments and when four esimeus we're received NO
Governor appointed Bris.dsr0en.al aud BRIGADE stAn
obeers have the iivnton that, when these
troops brsAded they sh ud have their own brigade com
maj . ard also tbs, thsy should subjected lie genera
command only Of the Couirnsnder Of that Department.
But II to have beea understood that this militia
orce might be us.d In other ways than separate and
nc sud regiments aud that the eIgsncls. Of the
service nj g require pd Of TO serve IN conjunction WITH
other troops when The mi. officers were to be con msnded
by United states officers Of the same grsde la fact this
militia force served IN the held by ts.des but by
e.n.ns and companies deiaehmerls and where they at
troops they be by the officer highest
Ia rank, whether he be o militia othcsr or not
distinction betwe~u General OF the
lar army and Of volunteers A regard to Ls right 10 command
the Missouri militia when acting D ccuian with other
troops do thint such distinction Intended by the
order both regulars and volunteers being copo-
u.t para Of tn. army not isiended could
ad'asd on the GENIAL rule az 70 command
Ia ertd n the other point pfs,niei IN your etrr agree
with you that tho commencing ohesr Of military dsirie,
csn command the enrolled State militia un
lie same brought into tue service of TIE Uuied ssss
Very req scu.Ny, loar obsa.eni servant
Grne lac tief