War of the Rebellion: Serial 015 Page 0068 OPERATIONS IN N. VA, W. VA., AND MD. Chapter XXIV.

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Answer. I belong to the outside department just now. It is a question to me of doubt, sir. I have my authority from the President and Secretary of War as a colonel, which has never been revoked, but I have not the command.

Question by General McDOWELL. What does the witness mean by his statement that he has the authority of the President and Secretary of War as a colonel; a colonel of what?

Answer. A colonel of volunteers, from the State of New York.

Question by General McDOWELL. Of what regiment and what arm of volunteers of the State of New York?

Answer. That known as the President's Life Guards. Infantry, sir. Gotten up by myself.

Question by General McDOWELL. Did such a regiment as the President's Life Guards, a regiment of volunteers of the State of New York, as the witness refers to, actually exist at the time the witness state he had the authority in question?

Answer. At one time I had under my control 1,200 men. At one time part of the regiment was mustered into service. I base my claim as a colonel on the decision of the Attorney-General of the United States in the case of William Weir, and which I am determined to force upon the Government. I don't wish to mislead the court. I wish to answer questions honorably and truthfully. I have got my letter of withdrawal from the second regiment I was appointed to. I will answer that the regiment did exist under authority of the United States, not under the authority of Governor Morgan, whose authority I ignored, rather as a politician than a patriot. I got my letter of withdrawal from my second regiment at my own request before I got authority to raise the President's Life Guard. I got my letters of acceptance from the President and Secretary of War.

Question by General McDOWELL. Was the authority given the witness an authority for him to bene received as a colonel in a certain contingency, or did it confer upon him the grade of colonel at and from the time it was given him?

Answer. I consider that it conferred upon me the grade of colonel from the time it was given me. I can produce the letter.

Question by General McDOWELL. Have you ever issued circular, &c., stating that you were authorized to raise a brigade? If so, state who gave you the authority.

Answer. I have issued those circular, and the authority was given me by the President of the United States on the 29th day of August, 1861, three or four days, I believe, prior to Governor Morgan's following me here to get his orders.

Question by General McDOWELL. Have you ever issued circulares signing yourself "General," and by what authority?

Answer. I have, and by the same authority.

Question by General McDOWELL. Were you ever in the United State service as a general officer?

Answer. I have never been.

Question by General McDOWELL. Have you ever been in the State service as a general officer? If not, by what authority did you sign yourself a general officer?

Answer. I have never been in the State service as a general officer, and the only authority I have for so doing I have already stated. My authority as colonel is in writing. My authority as general is oral, from the President, who solemnly assured me my men should be accepted. He reiterated that pledge.

Question by General McDOWELL. Was the regiment of volunteers which the witness states he was authorized to raise ever raised and

organized? If so, why was it not mustered into service?

Answer. I have stated that it was in part mustered into the service of the United