AUGUSTA, ME., October 3, 1862-9 a.m.

(Received 10.30 a.m.)

Honorable EDWIN M. STANTON,

Secretary of War:

Can send eight regiments in a week if clothing is ready and Major Gardiner will muster them. Will tents or arms be sent here? Wish to raise company of Irish citizens for three years, to be attached to Corcoran. Please authorize them to be mustered.

I. WASHBURN, JR.

WAR DEPARTMENT,

Washington City, D. C., October 3, 1862.

His Excellency ISRAEL WASHBURN,

Governor of Maine, Augusta, Me.:

Clothing for your troops is being manufactured in your State. You are probably better advised of its progress than any one here. Major Gardiner has orders to muster in your troops as fast as ready. Arms have been ordered to be sent. Tents will be supplied here. You are authorized to raise a company of Irish to join Corcoran's brigade. Major Gardiner will muster them.

By order of the Secretary of War:

C. P. BUCKINGHAM,

Brigadier-General and Assistant Adjutant-General.

HEADQUARTERS OF THE ARMY,
Washington, October 3, 1862.

His Excellency H. R. GAMBLE,

Governor of Missouri, Saint Louis:

GOVERNOR: Colonel Albert Jackson, of the Twelfth Regiment of Cavalry, Missouri State Militia, has appealed to the Secretary of War against the order of Your Excellency revoking his commission and discharging him from service. This case has raised an important question in regard to the authority of the Governors of States over the parts of the militia of those States which are received into the service of the United States. The whole matter has been duly considered, and I am directed to convey to you the views of the Department.

As stated in my letter to you of the 27th ultimo, it is believed that the Constitution has given to Congress the entire "governing" of the State militia while in the service of the United States. The control of a State over that part of its militia which enters the service of the United States ceases the moment it is mustered into that service. It is then governed by the laws of the United States. By these laws, and by the Regulations of the Army made in pursuance of an act of Congress, the power to try, punish, or dismiss an officer of State militia in the service of the United States is vested in the President and in certain officers of the United States. No such power has been given to a Governor of a State over such troops. The act of Congress regulating the government of militia in the service of the United States places them on the same footing as to government or command as volunteers. A militia officer in service, therefore, can be discharged from the service only by the President or those acting under