his authority. A State Governor can fill the vacancy so created, but he cannot himself create the vacancy.

This, I think, will be admitted to be the general rule under the law. Does the authority conferred by the President on the Governor of Missouri except the militia of that St States from the operation of this rule? That document says: "It (the militia) is to be held in camps and in the field, drilled, disciplined, and governed, according to the Regulations of the U. S. Army, and subject to the Articles of War." Again, "They shall be considered as disbanded from the service of the United States whenever the President shall so direct." During such time as they shall be actually engaged as an embodied force in active service, "and they are to be armed, equipped, clothed, subsisted, transported, and paid by the United States."

The War Department is of opinion that the militia of Missouri which have been mustered into service under this authority and not disbanded or mustered out by direction of the President are in "the service of the United States," and that they must be "governed" as prescribed by Congress for militia so in service, except where otherwise stipulated in the special authority given to the Governor of Missouri. It is stipulated that the Governor is authorized to appoint certain officers of such militia; but he is nowhere authorized to try, punish, and discharge, or otherwise "govern" and "discipline" the officers of the State militia while in the service of the United States. This can be done only in the manner prescribed, and by the officers designated, in the Rules and Articles of War and in the Regulations of the U. S. Army.

The Secretary of War has therefore decided that your order discharging Colonel Jackson from the service of the United States was given without authority of law.

Very respectfully, your obedient servant,

H. W. HALLECK,

General-in-Chief.

WAR DEPARTMENT,

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

His Excellency Governor RAMSEY,

Saint Paul, Minn.:

The mounted infantry ordered August 5 [25] may be mustered in for one year.

By order of the Secretary of War:

C. P. BUCKINGHAM,

Brigadier-General and Assistant Adjutant-General.

WAR DEPARTMENT,

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

Governor TOD,

Columbus, Ohio:

Your telegram of the 1st instant announcing your safe arrival is received. Orders have been given in accordance with your request on all the points mentioned save one, upon which you appear to have misunderstood me. I agreed to accept nine-months" volunteers in lieu of drafted militia, but did not mean to be understood that they could be allowed advanced pay and bounty. That cannon be done. In other