War of the Rebellion: Serial 127 Page 0206 CORRESPONDENCE, ETC.

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States, I deem it proper to call your special attention to the phraseology of the act of Congress "to raise provisional forces. " I do this to prevent misapprehension in the future. The third section of that act is in these words:

That the President be authorized to receive into the service of this Government such forces now in the service of said States as may be tendered, or who may volunteer by consent of their State, in such numbers as he may require, for any term not less than twelve months, unless sooner discharged.

A careful reading of this act satisfies me that its provisions embrace only such troops as were then in the service of the States. The words are, "Such forces now in the service of said States as may be tendered, or who may volunteer," &c. The words "now in service" apply as well to those who volunteer at to those who are tendered. The whole scope of the act is to authorize the President to relieve the separate States (so far as the public service would warrant it) of the troops already levied by them. With this view of the law, to which I invite your attention without official formality, it might be well to consider the propriety of further enlistments, this Government having no power to receive them into the provisional forces.

Very respectfully, your obedient servant,

L. P. WALKER.

(Similar letter to His Excellency Joseph E. Brown, Milledgeville, Ga.)

MACON, April 2, 1861.

L. P. WALKER:

When the troops leave Georgia they are under no law till they are mustered into the service. The officers object to leave the State till it is done. If you desire the troops please designate at once some one to muster them in here.

JOSEPH E. BROWN.

MONTGOMERY, April 2, 1861.

Governor J. E. BROWN,

Macon, Ga.:

The troops will be mustered into service at Pensacola, but transportation has been provided from Macon as I wrote you.

L. P. WALKER.

MONTGOMERY, April 3, 1861.

Governor JOSEPH E. BROWN,

Macon, Ga.:

I cannot make an exceptional case of the Georgia troops, although anxious to oblige you as far as possible. The troops of the other States intended for service at Pensacola are mustered into service at that point. I desire to know without delay whether that arrangement will suffice?

L. P. WALKER.