Second. After U. S. troops of any description have been mustered into the service the authority of the State government over them ceasesk entirely. Third. Allegiance being first due to the General Government, of course all are bound to obey the Army authorities. Fourth. Of course all are bound by oath. Fifth. Certainly not. Sixth. He has. (See section 3 of act approved August 6, 1861.) Seventh. Cannot say what might be done, but the right and duty of the Governor to fill the vacancies is positive law. It makes no provision for any other mode of filling vacancies, no matter where the regiment may be serving. By the plan of regimental organization for volunteers announced in orders by the President, the adjutant and regimental quartermaster are to be selected from the company officers by the colonel. They are appointed by him and reassigned to companies at his pleasure. After a careful examination of the laws relating to the volunteers and the orders organizing the same, the general is of the opinion that the appointment of the regimental staff rests entirely with the colonel or other permanent commander of the regiment, and that the Governor has nothing whatever to do with such appointments. These views were expressed by the general to Colonel Smith, and with this understanding the colonel appointed Lieutenant French regimental quartermaster, the colonel intending to assign Lieutenant Wright to the company from which Lieutenant French was taken for staff duties.

Very respectfully, your obedient servant,

RICHD. C. DRUM,

Assistant Adjutant-General.

LOS ANGELES, November 25, 1861-8. 30 p. m.

Major R. C. DRUM, U. S. Army,

Assistant Adjutant-General, San Francisco, Cal.:

Just god your messages of 16th and 18th. The troops were at San Diego on the 21st. Will send express to West to-morrow; also to Eyre to come here. I have a very sick family. If it is possible for me to be spared till Senator comes, say to-night.

JAMES H. CARLETON,

Colonel First California Volunteers.

LOS ANGELES, November 25, 1861-9. 30 p. m.

Major R. C. DRUM:

Shall I not order Major Rigg to Yuma by the express that goes for West? It is important that he be here. Let Major Fergusson go to Camp Wright. Answer to-night.

JAMES H. CARLETON.

HEADQUARTERS DISTRICT OF OF SOUTHERN CALIFORNIA,
Los Angeles, Cal., November 25, 1861.

Lieutenant Colonel E. E. EYRE,

First Cavalry California Volunteers, San Bernardino, Cal.:

COLONEL: Turn over your command to Captain McCleave and report to me without delay.

Very respectfully, your obedient servant,

JAMES H. CARLETON,

Colonel First California Volunteers, Commanding.

47 R R-VOL L, PT I