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[Page 1]


Ewell Papers


39.1


EW3


Folder 3


 


23 Feb. 1862


Ewell [Benjamin S.], Williamsburg, to


John Letcher, Governor of Virginia .1p.


Note:  Answer by S. Bassett


French, aide de camp, dated 26


Feb 1862 on back of sheet.


Cannot reconcile 2 laws re raising of troops,


which is valid?


answer:  Virginia law rather than Congress’


is binding.  If 20 in a company reenlist,


he will fill in rest of numbers.


 



 


[Page 2]


 


Williamsburg  Feb 23rd 1862


 


His Excellency John Letcher


Governor of Virginia


 


                                            Sir


                                            There is to some extent a diffi-


culty in reconciling the Act of Legislatures


passed Feb 10th 1862 for raising troops with


that of Congress of Dec. 11th 1861 for the same


purpose.  The Law of the State (see Sec.


1st, 2nd, 4th & 7th) admits the formation of


no new companies from the volunteers now


in service, but provides in a plain and sim-


ple manner for filling up the present compa-


nies to the number of 100 each at once, with


new volunteers or drafts from the militia


and for filling them up again to the same


strength when the term of service of the vol-


unteers refusing to re-enlist expires giving


the companies the right of re-organizing


by the election of company officers.  The


Law of Congress on the other hand (see Sec.


4) allows new companies to be formed,


In Regulations IV. of printed law Page 3


which regulation has been established by


the War department, power is given to re-


enlisted men to organize themselves “afresh


into new companies”? and elect company of-


ficers.  By this law ten men from each of


ten campanies, however widely scattered, may


reorganize themselves, and form a new com-


pany, which I am inclined to think will


lead to a great deal of confusion.  Re-


questing that you Excellency will inform


me which of these laws is authoritative and


binding,  I remain your obt Servt


                                            [Benj’?] S. Ewell –


                                            Col. [V. A.?] Volunteers



[Page 3]


 


B. S. Ewell


Col. Va Vols –


23 Feby. 1862


 


Makes certain enquiries


touching reorganization


of Virginia forces –


 


Executive Dept. of Va


26 Feby 1862 –


 


The Virginia law is the


one recognised by the


Governor.  The Genl. ass.


propose to build up the


present companies - &


the Governor will not coun


=tenance the attempt to


form new companies by


fractions of old ones – if


twenty in a company re


enlist he will fill it up


by volunteers & draft.  He


will not aid companies


attempted to be raised


in any other way


 


By order of the Govn


S. Bassett French


[aide de camp?]