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Similar telegrams were sent to Maj. Seth Williams and to Captain Lyon.

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The immediate result of the repeated instructions to General Harney and Captain Lyon appears in special orders issued by the former on April 22, 1861, as follows:

SPECIAL ORDERS,
No. 58.

HEADQUARTERS DEPARTMENT OF THE WEST,
St. Louis, Mo., April 22, 1861.

In compliance with instructions which have been received from the headquarters of the Army, "Capt. N. Lyon, Second Infantry, is detailed to muster in the troops at St. Louis and to use them for the defense of the public property." By order of Brigadier-General Harney:

S. WILLIAMS, Assistant Adjutant-General.

[Book No. 87, Departments of the West and Western, p. 294.]

On the same date, April 22, 1861, Captain Lyon telegraphed as follows: EAST ST. LOUIS, [April] 22, 1861.

Col. L. THOMAS, Adjutant-General: Dispatch to muster troops received at twelve (12) o'clock last night. I have to-day received seven hundred (700) men, and armed six hundred (600).

[R. & P., 463363.]

N. LYON, Captain, Second Infantry.

Under date of April 27, 1861, Captain Lyon, then commanding the St. Louis Arsenal, made a detailed report of his operations in a letter of which the following is an extract:

Col. L. THOMAS,

Adjutant-General, Washington, D. C.

ST. LOUIS ARSENAL, April 27, 1861.

SIR: Since receiving the authority to receive and muster in Missouri troops at this place, it has been a physical impossibility to write for the purpose of informing the Department of what is transpiring here. The first telegraphic dispatch of the 21st instant, from Major Porter, was received about 12 o'clock of that night, and the volunteer companies commenced arriving early next morning. About 700 arrived that day and 600 were armed. On the next day (Tuesday, 23d) nearly the same number arrived and 400 were armed. Through Wednesday and Thursday the arrivals continued about the same, and on Thursday 2,100 had been received, armed, and sworn into the United States service. Through yesterday and to-day about 200 men per day have been received, and all except one company armed. One regiment is full, two others are nearly full, and about half a regiment more is formed. Offers to the extent of several thousands more will doubtless be made, and if it is the wish of the Government to accept them, I shall need to be so informed, as my orders now limit me to four regiments. As there is artillery enough of light and heavy pieces for about three companies, and as there are many excellent artillerists who are exceedingly anxious to organize as artillery companies, I have started a battalion of three companies for the purpose of working our pieces, and to be ready for active service with them in the field in case of moving. I also have an application to accept a company of sappers and miners who have had experience in Europe, and I propose to do so. A complete and in a short time an efficient army corps can be thus organized at this point. I desire the instructions of the War Department upon these matters. As these troops were received at once upon obtaining authority, and without any provisions beforehand for them, and without officers of the Subsistence and Quartermaster departments on the spot to attend upon them, and no arrangements for quartering them, great inconvenience to them has occurred, and an overwhelming business devolved upon myself.

I have been much in want of officers for company and staff duties. Lieutenant Schofield has cordially cooperated in swearing these troops into the service. Some

buildings outside, having commanding positions, I have hired and occupied with troops in order to obtain additional room, as also to have in possession the positions desired by the secessionists for carrying out their long-cherished scheme of capturing this place.

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On April 30, 1861, Captain Lyon wrote the Adjutant-General:
ST. LOUIS ARSENAL, April 30, 1861.

Col. L. THOMAS,

Adjutant-General, U. S. Army, Washington.

SIR: I am accepting all the troops that offer, and at this time some 3,300 have offered, and 3,082 are armed. Deeming the emergencies pressing and fully requiring the Government to avail itself of all available resources, I shall still accept these volunteers till countermanding orders are received. This is unavoidable, both because the Government needs the services of these men, and because of the fear of State tyranny to force them into the secession ranks. No doubt 10,000 men can be raised here, and indications are that they will be needed sooner or later to meet the determined purpose of the State authorities to overturn the authority of the General Government, which, if true to herself, can maintain it here.

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Very respectfully, your obedient servant,

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N. LYON, Captain, Second Infantry, Commanding. [Official Records of the Union and Confederate Armies, Series I, Vol. I, pp. 675, 676.] Five regiments of infantry, a battalion of light artillery and a company of pioneers were speedily completed and mustered into the military service of the United States as Missouri Militia, thus more than filling the quota of the State under the President's proclamation of April 15, 1861; and in another part of this paper it will be seen that another class of troops was subsequently organized, under the title of United States Reserve Corps, for three months' service, which has been recognized as Missouri Militia received under the call of April 15, 1861, making the number furnished under that call something more than 10,000 men. The company and regimental officers of the three months' Missouri Militia of 1861 were elected and were mustered into service without commissions. Captain Lyon, by whom the regiments had been organized, was elected by the field and company officers of the First Brigade as brigadier-general, and proceeded to assume the command of the several regiments organized by him and to appoint some of the officers of his staff. His action in this respect is fully set forth in a letter to the Adjutant-General of the Army, dated May 15, 1861, with which he inclosed a copy of the orders issued by him on his assumption of the command. The letter and inclosure are as follows: ST. LOUIS ARSENAL, May 15, 1861.

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SIR: I have the honor to inclose a copy of a general order issued by me upon receiving the certified returns of the election held by the field and company officers of the four regiments called for from Missouri by proclamation of the President, which constitute the First Brigade of Missouri Volunteers, for the brigadier-general. By the laws of the State of Missouri a brigadier-general has the power to appoint the officers of his staff named in the order, with the respective rank as therein stated. Besides these, he can also appoint a quartermaster, judge-advocate, and surgeon, with the rank of major, and an assistant surgeon, with the rank of captain.

The office of quartermaster is temporarily filled. No appointments have been

made for the other offices last named.

The appointments announced were made in conformity with the Missouri militia law and are respectfully referred to the Department, with the request that instructions in regard to them may be transmitted to me, setting forth whether or not the laws of Missouri shall be the basis of the formation of this brigade, or, if not, what provisions in respect to the staff officers of the brigade are or will be authorized by the General Government.

I am, sir, very respectfully, your obedient servant,

ORDERS, NO. 1.

N. LYON, Captain, Second Infantry, Commanding.

[Inclosure.]

HEADQUARTERS FIRST BRIGADE MISSOURI VOLUNTEERS,
St. Louis Arsenal, May 12, 1861.

1. By the authority of the President of the United States the undersigned will retain the command of the different regiments which have been enrolled at these headquarters.

2. Having been elected brigadier-general of the four regiments which constitute the First Brigade of Missouri Volunteers, the undersigned accepts the position thus tendered him, subject to the future action of the proper authorities, and returns his thanks to the officers and men of those regiments for the confidence which they have reposed in him, hoping that his utmost exertions, which he pledges to the proper discharge of this important duty, may contribute to justify this confidence.

3. The following appointments to fill staff offices of the First Brigade are announced: Chester Harding, jr., to be assistant adjutant-general, with the rank of lieutenantcolonel.

Samuel Simmons, to be commissary of the brigade, with the rank of major.

Horace A. Conant, to be paymaster of the First and Second regiments, with the rank of major.

Chauncey P. E. Johnson, to be paymaster of the Third and Fourth regiments, with the rank of major.

Bernard G. Farrar, to be aide-de-camp, with the rank of major.

[R. and P., 463367.]

N. LYON, Captain, Second Infantry, Commanding.

No action appears to have been taken upon General Lyon's letter quoted above, but in 1897, the status of the three months' Missouri Militia mustered into service in 1861 being under consideration, it was decided by the Assistant Secretary of War that these troops, officers of all grades included, must be considered to have been State militia called into the service of the United States by the President, and that the officers are entitled to the same recognition for services rendered that they would have been entitled to had they been appointed and commissioned by the governor of the State. (R. and P., 450639.)

As already stated, this force consisted of 1 battalion of light artillery, 5 regiments of infantry, and 1 company of pioneers. It is proper to add that 3 of the infantry regiments consisted of 12 companies each, 2 of which were designated as riflemen, and that a rifle battalion of 2 companies and an independent company of riflemen were also attached to the infantry force.

S. Doc. 412- -2

SIX MONTHS' MILITIA.

On August 24, 1861, shortly after the formation of the new State government, Governor Gamble issued a proclamation calling into the service of the State of Missouri, for the period of six months, 42,000 militia to protect the lives and property of the citizens of the State." Following is a copy of the proclamation:

The powers of the civil authorities being insufficient to protect the lives and property of the citizens of the State, I, Hamilton R. Gamble, governor of the State of Missouri, do hereby call into the active service of the State 42,000 men of the militia of the State, assigning 6,000 as the quota for each military district, which is the same as a Congressional district. The force thus called into the service will be, as far as possible, a volunteer force and will consist of 10,000 cavalry and 32,000 infantry. If the number volunteering should exceed this requisition, the excess will be held as a reserve corps. If there should be a deficiency, it may become necessary to resort to a draft. The adjutant-general will issue to the division inspector of the several military districts the order necessary to carry this requisition into effect. The force called out will be for six months, unless peace in the State be sooner restored. Arms will be furnished as rapidly as they can be had.

Given under my hand and the seal of the State at Jefferson City, this 24th day of August, in the year 1861.

By the Governor:

H. R. GAMBLE.

M. OLIVER, Secretary of State.

[Annual Report Adjutant-General of Missouri, 1863, p. 9.]

In compliance with the terms of the proclamation, the adjutantgeneral of the State issued a general order relative to the organization of the militia force, as follows:

GENERAL ORDERS,

No. 1.

HEADQUARTERS, JEFFERSON CITY,
August 24, 1861.

Inspectors of divisions will immediately give notice of the times and places when and where they will attend, in their respective districts, to muster volunteers into the State service under the proclamation of the governor of this date. The force to be raised is 6,000 in each military district, to consist of 1,500 cavalry and 4,500 infantry. The inspectors will cause elections for officers of companies to be held, and election returns to be made to these headquarters immediately upon mustering companies into service. The company officers will proceed to elect the field officers of regiments as soon as possible. There has been published a synopsis of the law for the organization of companies, battalions, regiments, brigades, and divisions, which will be followed in the organization here ordered. If the inspectors are unable to attend at all the places appointed for mustering the forces, they will give immediate notice to these headquarters, in order that officers may be assigned to discharge the duty.

By order of the Commander in Chief:

[Ibid., p. 10.]

G. R. SMITH, Adjutant-General.

Under date of August 30, 1861, an "explanatory order" was issued from the State headquarters, in which it was announced that organized regiments of the militia, not exceeding 15 in number, would be permitted to volunteer into the service of the United States to serve for

the period of three years; and it was further announced that such of the militia as should not enter the United States service would cooperate with the Federal Government in establishing peace in the State. Following is a copy of the explanatory order:

EXPLANATORY ORDER

2.

HEADQUARTERS, JEFFERSON CITY,

August 30, 1861. When any regiment is organized and the officers commissioned under the State law, and desires to volunteer into service of the United States for three years or during the war, the commanding officer will notify the adjutant-general, and a mustering officer of the United States will be detailed by the proper officer of the United States service to muster the regiment into service. This will extend to 15 regiments. The troops organized under the call of the governor which do not enter the service of the United States will cooperate with the Federal Government in establishing peace in the State.

By order of the Commander in Chief:

[Ibid., p. 10.]

GEO. R. SMITH, Adjutant-General.

It does not appear that any regiment of the State militia organized under the governor's proclamation of August 24, 1861, which was known as the "Six months' militia," volunteered into the United States service; and although, as stated by the adjutant-general of the State in his annual report of 1863 (p. 10), the people of the State responded promptly to the call of the governor, the embodied force fell far short of the number called for, the annual report for 1861 showing an aggregate strength of only 6,185 officers and men. [Official Records of the Union and Confederate Armies, Series III, Vol. I, p. 797.]

This militia force, as stated by the State adjutant-general, was made up almost entirely of citizens of the interior of the State, who enrolled themselves into companies for the defense of their homes and families. The service performed by them was principally that of "scouring their counties in search of rebel camps and rendezvous, and acting as scouts and guides to the various bodies of volunteers then in the State." (Annual Report Adjutant-General of Missouri, 1863, p. 11.)

During the latter part of 1861 and the early part of 1862 a different class of militia (the force known as the "Missouri State Militia") was in process of organization, and the governor, finding that the "six months' militia" entailed great expense upon the State without any corresponding benefit, on the 14th of January, 1862, issued an order directing its disbandment on the 25th of the same month. Following is a copy of the order:

GENERAL ORDERS,

No. 2.

HEADQUARTERS STATE OF MISSOURI,
ADJUTANT-GENERAL'S OFFICE,
St. Louis, January 14, 1862.

I. The commander in chief, in view of the fact that the organization of the six months' militia entails great expense upon the State without any corresponding benefit, orders that this class of troops be disbanded on the 25th of January, 1862.

II. Commanding officers of the six months' militia will muster their commands for pay and discharge upon the 25th day of January, 1862, and will be prepared to deliver up all property of the State in their control, and to account for such as has been lost, consumed, or destroyed in the service. Upon compliance with these requirements, or as soon thereafter as the rolls can be examined, the officers and men will be paid by the State.

III. Companies which shall report themselves ready for muster into the State service for the term of the war in accordance with the conditions of the agreement made between the United States and the governor of this State as set forth in General Orders, No. 1, series of 1861, will be accepted and mustered without delay. After muster they will be subsisted, clothed, armed, and paid by the United States.

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