.MzUx.MjAyNzQ
[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?]