The National tribune., 1906-05-03
ELIGIBILITY OF MILITIANIEN.
An Important Opinion by Judge-Adve.
cate-General Clark.

| Dear Sir and Comrade: I have your
letter of the 8th inst, together with
letter of same date from Comrade John
Painter, who served in Co. E, 55th Pa.
Militia. during the emergency of the
Gettysburg campaign.
| The question presented is whether
Comrade Painter is eligible for mem
| bership in the Grand Army of the Re-
public. This must be determined un-
der Article " of General Rules and
Regulations. That article, as revised
and corrected by the National Encamp-
| ment Of 1905, at Denver, reads as fol-
| lows:
Soldiers and sailors of the United
States Army. Navy or Marine Corps,
who served between April IL, 1861, and
April 9, 1865, in the war for the sup
preston of the rebellion, and of such
state regiments as were called into ac
tive service and subject to the orders
of United States general officers be-
tween the dates mentioned and having
been honOrably discharged therefrom
after such service, shall be eligible to
membership in the Grand Army of the
Republic. No person shall be eligible
to membership who has at any time
borne arms against the United States"
(See Journal National Encampment,
1905, PIP. 326 and 329.)
1t will be observed that by the arti-
Gle, soldiers of such State
regiments as were called into active
service and subject to the orders of
United States general officers between
the dates mentioned" US61-1S65),
and having been honorably discharged
therefrom, after such service, shall be
eligible to membership"
If, then. the 55th Pa. Militia was
called into active service and subject
to the orders of United States general
officers" Comrade Painter. who sery cd
in that regiment and received an hun-
orable discharge, is eligible 10 MEM
bership. He has submitted his dis
charge, which is an honorable one.
from the State officers. and shows that
lie enlisted on the 1st day of July, 1863
and was discharged on the 26th daY
of August, 1868. H states in his let
ter:
I'VE stayed at Pittsburg until about
the 10th day of July, when we we're
sent to Parkersburg. Va, and from
there we We're sent down the rive:' to
guard railroad bridges and intercept
the noted John Morgan. who was ex-
pected to raid this country. After
staying there until about Aug. % we
went back to Pittsburg. where 1 was
mustered out on the 26th day of
August, 1863"
1t might be fairly inferred from th.!.
statement that the regiment was sub
ject to. the orders of the United States
general officers while on service IN
the State of West Virginia, at leas,.
But the question is so important that
have made careful examination -
determine the facts as they appear up
on the official records. l find the fo!-
lowing facts:
When 1t became evident that L.
would invade Pennsylvania in force Inc
Department of Monongahela was form
ed, embracing portions of the States of
Pennsylvania and Ohio and all of West
Virginia, and Gen. w. T. H. Brooks
was assigned to its command. with
at Pittsburg. (See Cen
eral Orders. War Dept. No. 172, June
10, 1863. Vol. As, War of Rebellion
Records. 81. $50
Gen. Brooks assumed command of
this Department June II, 1863. CAS- |
H., So June 81 he was authorized Ia |
clothe and equip State militia for the |
existing emergency. CAS- H., 364-5; |
1894; 1862: 24O-1; 435)
The official records show that the |
55th Pa. Militia, Col r. B. McComb, !
was called into service during the Get |
t. sburg campaign. 1t was three |
months regiment. mustered into the |
State service T27 strong, July g. 1868. |
and mustered out Aug. 26, 1863. II |
was originally paid by the State. but |
Congress repaid the State by Act of
ADTll IL, 1900. tkOl. ~, Rebellion |
Records. 215-16.)
July I. 1868. Gen. Brooks was ordered !
by Generai-in-Chief Halleck to send all /
available troops in his Department to |
Gen. Parker in West Virginia.
Gen. Brooks replied on the same |
day saying he had $50 six-months VOL |
unteers in camp at Pittsburg, "AlI |
armed and equipped also, $500 three |
months militia that can be ready to |
nj ri !,
$500
And pursuant TO this correspondence |
Gen. Brooks on July 9 issued an order |
sending forward these troops, which |
provided as to the 55th Pa. Militia: !
Col. r. r. McComb's regiment three |
months militia will report at Parkers- |
brrg. Va" (VoI. A. Ib. 624)
The regiment went forward pursuant |
to this order. except Co. G. GA, Ib. |
$500
Comrade Painter was in Co. f, so
there is no question that Will, his regi-
ment he went to West Virginia under
the order of Gen. Brooks. L general
officer of the United States.
The Official Records show that on
July 81. 1863, the regiment was, under
Lieut.-COl. Samuel Graham, on duty at
clarksburg, w. Va, serving undo" Gen
Il. f. Kelly, who commanded that De-
partment. in Wilkinson's Brigade. GA,
lib. Sl5-16.)
Gen. Kelly was also a general officer
Of the United States. He vas placed |
i'll command of the Department Of West
Virginia by orders from the War De
partment, June "a, 1863. and he as
sumed command June %, 1869. "a
Ib. 299 and 394)
The regiment remained at Clarks-
burg until Aug. 25, 1868. when 1t re-
turned to Pittsburg, and, as shown
above, was mustered out of the state
service Aug. 26. ga, Id. 21S)
Comrade Painter has an honorable
discharge from the State autnorit as of
that date, as already stated.
Thus it clearly appears as 20 Com
rade Painter:
/. That he served in a State regiment
and was honorably discharged there
from.
.. That his regiment was called into
active service.
of United States general officers"
There can be no question that he is
eligible to membership.
1t may be added that the Official
Records show that other regiments of
Pennsylvania Militia We're i'm like man
ner called into active service and rer-
formed valuable and meritoriGus ser
Vices under Gems. VIM. +. (RaldyJ |
Smith and ID. n. Couch.
While none of John Morgan's force
was captured or came in conflict with |
the 55th Pa. Militia. the records show
that other regiments of that militia
were in the field under Brooks actively