War of the Rebellion: Serial 128 Page 0068 CORRESPONDENCE, ETC.

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represented as opposed or even neutral toward it. Section 3, conscript act, reads:

It shall be lawful for the President, with the consent of the Governor, to employ State officers, and on failure to obtain such consent shall employ Confederate officers, &c.

Section 2, Regulations:

Application will be made to the Governor to employ State officers. if not granted, an officer of the Army will be appointed. When State officers are employed the regulations of States will be observed, &c.

Now, this portion of the law has not been observed as far as this State is concerned. No application made; no assent asked. I do not allude to it to complain, but to correct the statement made about my course. The Secretary of War says major Mallett and Captain McRae were recommended by General Holmes and General Hill. These recommendations are entitled to all respect, but I do not understand how it meets the requirements of the law which first applies to the Governor for the aid of State officers. In the letter of the Secretary of War is this paragraph:

Major Mallett on 11th of June reported that, in conformity with instructions, he had applied to Governor Clark for permission to use the State officers for making enrollments, and he subsequently reported that Governor Clark did not feel himself authorized to assign these officers to him.

This paragraph misrepresents me and the facts. Its surely was never contemplated that I was to assign the militia and militia officers to a Confederate major. But I had already in advance done what the law required. The adjutant-general had previously, by my orders, enrolled the militia, and I directed him to furnish the conscript officer, enrolled the militia, and I directed him to furnish the conscript officer (Major M.) with a list of all the names between eighteen and thirty-five, and furthermore furnished Major Mallett with the inclosed order to the colonels of militia to assemble their regiments at his call to receive the conscripts and correct and amend his list. But the major went further, and, without authority, ordered the colonels to enroll them and bring them to camp, which was done. He further required them to go back and hunt up the missing and runaways. The colonels objected to further service without orders from me. The colonels have executed the law as far as it has been executed without compensation or any credit, and he Governor and his militia officers are represented in the reports of Major Mallett as deciding the service. It is true it has been done very imperfectly, but all that has been done has been done by State officers, and neither the conscript law nor any other law authorized me to assign these officers to him, and I was surprised that instead of acknowledging the very efficient assistance the impression that their assistance was declined. The Secretary's letter further states that "Major Mallett and Captain McRae in rasing conscripts have been more successful than any other officers. They are sending 400 a days. " Without again saying how much of this success is dues our State officers, I will state the facts as given me in a report by Major Mallet on the 22d instant.

The enrolled lists of conscripts taken by State officers present more than 20,000 named. Major Mallett reports to me on the 22d instant:

Conscripts sent from Camp Holmes. . . . . . . . . . . . . . . . . . . . . . . . 3,050

Conscripts now in Camp Holmes. . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Conscripts sent from Camp Hill. . . . . . . . . . . . . . . . . . . . . . . . . . 854

Conscripts now in Camp Hill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,092

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Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,066