is all solemnly expressed nonsense, because the Regulations and Articles of War would be the law for its government without any such stipulation. But the clause has meaning and force when we find in the militia ordinance of the State the provision "that when the militia shall be called into the actual service of the State the officers and men shall be subject to the same rules and regulations and articles of war that govern the armies of the United States."

The document announces to the President the rule by which the contemplated force is to be governed, while the government is still to be the State authorities under their own law.

Again,t he instrument provides that the troops to be raised 'shall be armed, equipped, clothed, subsisted, transported, and paid by the United States." It is suggested that the parties making the agreement knew that troops in the service of the United States would be armed, equipped, clothed, paid, &c., by the United States, as a matter of course, without any stipulation to that effect, and that therefore this stipulation was inserted for the reason that the force to be raised, being a State force, needed this stipulation to be secure in respect to their pay, &c. In other words, this part of the agreement shows that the parties considered the force a State force and not a U. S. force, and that therefore t the contract.

The provision for paying certain officers on the general State staff by the United States, because they were necessary in the relations which this force was to sustain to the United States, proves beyond doubt that the force was not to sustain the relation to the Government borne by troops in its service.

The provision "that because the money to be disbursed was to be money of the United States, therefore such staff officers in the service of the United States as may be necessary to act as disbursing officers for the State militia shall be assigned by the War Department for that duty, or, if they cannot be spared from their present duty, the Governor will appoint such persons disbursing officers for the State militia as the President may designate," proves beyond doubt that this was not to be a U. S. force. The President never would have consented to have his disbursing officers appointed by the Governor.

The paper when submitted to the President received his approval, but he thought it best to consult General McClellan before perfecting the agreement. The chief objection was that difficulties might arise from a difference in command, and he stated the mode of avoiding them by the Governor making the general of the department the major-general of the State militia. this very objection admits the force to be not a U. S. force, but a State force, because if it had been supposed that it was to be a U. S. force it would have been infinitely absurd to stipulate that I should commission the U. s. general of the department the commanding general of this force.

As my sole design was to raise a force suited by familiarity with the country to meet the enemy, then spread over the State, I agreed to General McClellan's proposed amendment without a moment's hesitation. I sought for myself neither power nor patronage; and in this connection it may be proper for me to say that I have never interfered with the command of these troops.

There are one or two phrases in the paper which might, by themselves, afford countenance to the idea that the force was a U. S.