Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-09-05

/ lis OOmpdAg Aoe1 @A-H -
and regulations of the armies Of the United
Slater, when the regimentaI line is formed
the companies forming that line take ranl
according to tho date of the commissions o
the Conmandants thereof. ID, That by sec
ton 2sth of the act to organize the militia o.
Ohio, above referred to, that regiments
should perform military duty according tt
IL the rules and regulations Of the armies o.
the United States each company taking
position in line according to the date Of the
/ commission of the commandant thereof, in all
regimentaI, battalion or squadron duty-and
I remarked to Colonel Hayward that Cap
tain Wizeman could not submit to a junior
| Captain Of Company Q, out-Tanking him in
the formation Of the regiment; but that so
far as was concerned in the matter L was
willing to submit the matter to the Adjutant-
| General of Ohio to abide his decision.
Captain Wizsman and myself were careful
to keep this matter from Company D, so as
prevent any feeling in the matter in hopes
that it might be settled satisfactorily by some
other power, and the matter to my knowledge
was not discussed in Company D, until the
eommanSant Of Company D vas shown an
order from the Acknowledgment General
to his company to form into line in the regi-
ment as the 4th company, which order Cap
tain Wizeman refused to obey. and demand
ed as right to himself and company the pO
sition of the Sd company.
The officers of Company D, at this time
were apprised Of the fact that Colonel Hay
ward claimed to them, that Company we're
entitled to the position of the Sd company, on
the ground that he was still the Captain of
Company C.. This was the only claim be
made to them for the position of Company
as the Sd company. The officers Of Company
D could not see him in this light, for they
supposed it was true, as stated in his official
order {" General Orders No. " in the Her
aid of August 22d, 1858, that " Having been
duly elected Colonel of the Twenty Ninth
Regiment Ohio Volunteer Militia and com
missioned By the Governor Of Ohio, hereby
assume command of said regiment" especial
ly after his orders for ten days previous as
Colonel VI. q. Hayward cOmmandant of said
com 3any. Under these circumstances the
officers of Company D thought best to report
their command to Camp CuyahOga and have
an interview with Colonel Hayward. The
company accordingly marched to Camp Guy
ahoga. On arriving at the camp, Captain
Wiseman reported to Colonel Hayward his
command, in my presence, and the following
conversation took place:
"ColoneI Hayward, sir, 1 have demanded
nv place in the formation Of the regimental
line and it has been denied me have been
ordered to take q different position in the
line and I have refused to taks it; I now re
port my command to you for orders and for
quarters"
Colonel Hayward replied:
al am sorry, Captain Wizeman, that any
dihiculty should have occurred. cannot
give any orders to Company D (; Colonel Fra
zee is the Colonel commanding the Twenty
Ninth Regiment; I am not the Colonel of
the Twenty Ninth Regiment; am the Cap
tain OF Company in the Twenty Ninth
Regiment, and can give you no orders.
Captain Wiseman replied
" Are not you the Colonel of the 29th Regi-
meut commanding this camp?"
No sir; am Captain Of Company Q, and
Captain commanding this camp"
Captain W. replied:
"Do you refuse to give Company D any
quarters in this camp?"
Colonel H" have no orders to give.
Captain W.-"ShalI Company D 60 home ?"
Colonel H "a have no orders to give"
then referred Colonel Hayward TO his
General Order No. 1. He replied;
al an not Colonel of the 29th regiment"
I then called on CDlOnel Frazee for accom-
modations for Company D. He replied his
orders we're positive, that be could give no
accommodations to Company as D, but had
accommodations for Company D as part Of
the 29th regiment; that his orders were posi-
tive and he could not change them. Then
the matter was referred to Company D,
whether We should go into the regiment as
the 4th company under protest, and the Com
psny voted in favor of doing so. We then
went into regimentaI line under the follow
ing protest.
HEADQUARTERS COMPANY D, I
CAMP CUYAHosA, September 1, 1868.
To Lieutenant Colonel John ~. FTdzee, Com
Hlanding 29h o. Y. M.
SIR-We, the undersigned, il behalf of our
selves and the company WhiSh We have the
honor to command, having demanded this
day our position in the regiment in the form
alton of the regimental line as the third
company, as of right belonging to u.s. and
the same having been denied us BY you as
the commanding officer Of said regiment,
and by our having been ordered to another
position in said line, which We refused to
take, We thought best to remove our com
maad to Camp Cuyahoga and to report to W.
H. Hayward, who We understood land had
obeyed his orders accOrdidgly) was the
elected, commissioned and acting Colonel Of
said regiment. But on reporting to him at
said Camp, he refused to recognize US as a
part Of his command, and refused to recOg
nize us in any manner or give us any quar-
ters in said Camp, affirming that he was Cap
tain Of Company C, and not Colonel Of the
29th o. V. M. and had no orders to give us
either as the Colonel Of the 29th 0. V. M or
as commsndant Of the Camp.
We then repertsd our command to you for
duty and for quarters, and were refused-yOu
saying you could not recognize us except as
the fourth company Of the 29th o. V. NJ.
Under these circumstances, rather than be
deprived Of the benefit of said Camp, and
with high regard to the interests which we
represent, and with view of producing
harmony so far as il lies in our power We
hereby obey your order under protest, and
take our position in the regimental line of
the 29th o. v NJ, which you have the honor
to command, as the fourth company and in
SO doing we reserve to ourselves all the rights
and claims We have made to the position Of
the third company in said regiment, to await
the decision Of the proper tribunal to which
We respectfully appeal.
To you, Colonel, and to the officers and
privstes of your command, We have the best
Of feeling and the highest regards.
Very respectfully,
Your Obedient servants,
J. J. WIERMAN, Captain,
JASON CAEFIELD, lst Lieut.,
CIV. WHITEHEAD, I'd do.