would not present the same motive for exertion, the position of officers being fixed from the start.

Second. I would further recommend that the period of service be limited to the unexpired term of the regiments to which the recruits are to be sent. It is believed that this modification of existing regulations would greatly stimulate the recruiting service and enable me to fill up our regiments much more promptly.

Third. It is of the utmost importance, not only to the recruiting service, but to the success of the new regiments, that arrangements should be made for the payment of expenses, and that the disbursing officers on duty here should have full and definite instructions. It is presumed, also, that the proper officers will be instructed to enter into contracts for subsistence at the depots establis Elmira, and Albany, and that the officers connected with departments of issue will be prepared to meet my requisitions for clothing and arms.

Should these recommendations meet the approval of the War Department, I respectfully request that the necessary orders may be issued to carry them into effect.

I have the honor to be, sir, your obedient servant,

E. D. MORGAN,

Governor of New York.

[JUNE 14, 1862.-For Thomas to Butler, authorizing the organization of 5,000 loyal white men, see Series I, Vol. XV, p. 493.]

ATTORNEY-GENERAL'S OFFICE,

June 16, 1862.

Honorable E. M. STANTON,

Secretary of War:

SIR: I have the honor to acknowledge the receipt of your letter of the 7th instant, inclosing a copy of Special Orders, Numbers 80, and other papers, and requesting my opinion whether, under the circumstances, you had authority to issue that order.

The order in question is in these words:

2. Colonel William Weer, having been illegally deposed by the Governor of Kansas, is reinstated in his position of colonel fourth Regiment Kansas Volunteers. Any orders that may have been given by the Governor of Kansas for the consolidations of the Fourth Regiment with other Kansas troops are hereby revoked, and the regiment will preserve the organization it had prior to the issue of such order.

As your letter contains no statement of the facts under which this question arises, there are some things necessary to its intelligent consideration which I am compelled to assume as true, without explicit information; and it is only on this assumed basis of fact that I now undertake to express an opinion. If I am wrong in my assumption, you, having the means of knowing the truth, will be best able to estimate the value of my conclusions.

I assume, then, that the Fourth Regiment of Kansas Volunteers was one of the volunteer regiments accepted by the President under the provisions of the act of July 22, 1861, to authorize the employment of volunteers, &c., and as such was mustered into the service of the United States; that Colonel William Weer was its commanding officer; and that since the regiment was mustered into the service of the United States, and whilst in that service, the Governor of Kansas has attempted to depose Colonel Weer from its command, and to consolidate it with other Kansas troops.