The National tribune., 1906-05-03
ELIGIBILITY OF AlILITTANIEN.
An Important Opinion By Judgs-AAvo.
cate-General Clark

Capt. NJ. e. Erwin. 1920 E. Walnut st..
| Des Moines, Iowa.
Dear Sir and Comrade: I have your
letter Of the 9Th 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 w 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, 1866, In the war for the sup
preston OF the rebellion, and of such
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" (1861-1S65),
land 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 ser, cd
in that regiment and received an hon
Orable discharge, Is eligible to men,
bership. He has submitted his dis
charge. which is an honorable one.
from the State officers, and shows that
tc enlisted on the LIST day of July, 1863
and was discharged on the Goth day
Of August, 1868. H states in his let
ter:
1--WE stayed at Pittsburg until about
the 10th day Of July, when we we're
sent to Parkersburg. Va, and from
there we were 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. Is We
went back to Pittsburg, where I was
mustered out on the 2sth day of
August, 1863"
1t might be fairly inferred from this.
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 a careful examination I'D
determine the facts as they appear up
on the official records. l find the FOL-
lowing facts:
When 1t became evident that IL
would invade Pennsylvania in force the
Department Of Monongahela was form
ed, embracing portions of the States Of
Virginia. and Gen. w. r. H. Brooks
was assigned to it's command. with
headquarters at Pittsburg. (See Gen.
eral Orders. War Dept, No. 172, June
10, 1863. Vol. As, War OF Rebellion
Records. 81. $50
this Department June IL, 1863. CAS-
H.. go June q he was authorized Ia
clothe and equip State militia for the
existing emergency CAS- H., 364-5;
1894: 1862: 240-1; 435.)
The official records show that the
55th Pa. Militia, Col. X. j. MeComb,
was called into service during the Get
months regiment. mustered into the
State service 727 strong, July 3. 1863.
and mustered out Aug 26, 1863. 1t
was originally paid by the State. but
Congress repaid the State by Act of
April IL. 1855. (Vol. a., Rebellion
Records. 215-16.)
July Z, 1858, Gen. Brooks was ordered
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 "AH
armed and equipped; also, $500 three
months militia that can be ready to
move tomorrow night" (Vol. ~, Ib
$500
And pursuant to this correspondence
Gen. Brooks on July issued an order
sending forward these troops, which
provided as to the 55th Pa. Militia:
'Co!. r. b. McComb's regiment three
months militia will report at Parkers-
burg. Va" (Vol. A. lib. 624)
The regiment went forward pursuant
to this order. except Co. G. GA, Id.
$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. I. general
officer of the United States.
The Official Records show that on
July 81, 1853, the regiment was, under
Lieut.-COl. Samuel Graham, on duty at
Clarksburg, w. Va, serving under Gen
f. F. Kelly. who commanded that De-
partment. in Wilkinson's Brigade ca,
lib. S15-16.)
Gen. Kelly was also a general officer
OF the United States. He was placed
in command Of the Department Of West
Virginia by orders from the War Dc
partment. June "a, 1863. and he as
sumed command June %, 1863. "a,
h. 299 and 394)
The regiment remained at Clarks-
burg until Aug. Is, 1868. when 1t re-
turned to Pttsburg. and, as shown
above, was mustered out of the State
service Aug 26. GA, 10. 21S)
Comrade Painter has an honorable
discharge from the state authorities of
that date, as already stated
Thus 1T clearly appears as 20 Com
rade Painter:
1. That he served in State regimen.
and was honorably discharged there
from.
2. That his regiment was called into
active service.
3. That it was Subject to the orders
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 were i'm like man.
| ner called into active service and rer-
|