months volunteers than I can possibly provide transportation for into the interior of the country. I am, sir, very respectfully, your obedient servant, Z. TAYLOR, Major General U. S. A., commanding. The ADJUTANT GENERAL of the Army, Washington, D. C. HEAD-QUARTERS, LOUISIANA BRIGADE OF VOLUNTEERS, Camp at San Juan de Buena Vista, July 15, 1846. CAPTAIN: I find myself very much embarrassed by the opinion expressed by General Scott, in a letter to the Secretary at War, on the subject of his plan of campaign here. Arguing on the imp sibility of commencing operations here before the fall, he says that aposthe six months volunteers cannot be retained legally a day over three months, and any exertion of martial law over them after that day will subject any one attempting it to punishment or retribution. Now, this letter has been circulated by some one interested in producing disorder, and there is great danger that an attempt will be made, at the end of three months, to claim à release from service, and that officers will be afraid to incur the responsibility of resisting it in the face of the opinion of the commanding general of the army. Having neither the letters nor the laws at hand, I can quote only from memory; but I will briefly state my view of the ques tion. Under the laws of the United States the President could only (previous to May 13, 1846) compel the militia to serve three months. This evidently was one of those jealous restrictions on the power of the general government in favor of the rights of the States and of the people. The President cannot exact or compel a longer service than three months. But a provision of law made to protect the rights of any class or person, and with no other view, may be waived by that class or person. The object of the law is to restrain the exertion of power over them, not to limit or restrain their own action. So in Louisiana certain acts of married women, and obligations contracted with them, are null; but they can waive the benefit of these provisions, and are bound by the obligations then made. Now, both the State of Louisiana, by the law providing for the raising of this brigade, and the volunteers, by their enrolment and mustering into service, by their acceptance of the bounty, and other advantages offered by the State to those who should engage for six months, have expressly waived the restriction made in their favor, and the volunteers are bound by the engagements so made. Besides, the 2d section of the act of 13th May, 1846, may have an important bearing on this point. The claim is made, that, being militia called into the service by the President through his delegate, they cannot be compelled to serve but three months. Now, if they have been so called into service by the President by virtue of "any other act," they "may, if in the opi nion of the President of the United States the public interest requires it, be compelled to serve for a term not exceeding six months after," &c.; and they cannot say that they are surprised into an engagement they did not foresee, for this is precisely the term they themselves stipulated for. Whatever may be the law on the subject, it is of vital importance that it be settled before any act is done which may involve individuals irrevocably. I therefore respectfully ask, that the general would submit this question to the President, for the opinion of the law officers of the government, that, let the law be as it may, we may conform ourselves to it. I presume that those mustered into service after the 13th of May, though ignorant of the passage of the law of that day, cannot invoke against their own voluntary contract a law which was then virtually repealed. As the period of those first mustered into service is within twenty days of its close, if three months be the term, little time is left to hear from Washington; but they can, no doubt, be induced to wait an answer. Your obedient servant, PERSIFOR F. SMITH, Brigadier General Louisiana volunteers. Capt. W. W. S. BLISS, [No. 64.] HEAD-QUARTERS, ARMY OF OCCUPATION, SIR: I have respectfully to acknowledge the receipt, on the 20th instant, of the instructions of the Secretary of War, dated the 26th ultimo, relative to the discharge of certain regiments of volunteers. I had already, on the 16th instant, advised you that I should not attempt to retain, against their consent, any of the six-months volunteers. A large number of those composing General Smith's brigade had expressed a wish to return home at the end of three months before the receipt of the Secretary's instructions; and, agreeably to the views expressed in my communication of the 16th instant, I should have ordered their discharge even without those instructions. With them, however, it became a double duty; and you will see from my "orders" No. 91, of the 21st instant, what measures have been taken for its execution. I think very few of these volunteers will consent to be mustered for twelve months. Since the publication of "orders" No. 91, I have found it necessary so far to modify its provisions as to cause the St. Louis regiment to be mustered out at St. Louis, requesting the commanding officer of the 3d department, or at the barracks, to detail a proper officer for the purpose. I hope there will be no unnecessary delay or difficulty attending the payment of these volunteers, or in making an appropriation, if necessary, (as it seems to be,) for the payment of those not regarded as legally in service. They leave the field under circumstances 1 rather mortifying to many of them; and it is very desirable that any unpleasant feelings arising from the legal and necessary action of the government should not be aggravated by delay in procuring their little dues. You will perceive that I have assigned Captain McCall to the important duty of mustering these volunteers (except the St. Louis legion) out of service. He has been selected from his known experience and fitness, and also in view of his expected appointment to a majority in the staff. I beg that no disposition may be made of him from your office until the completion of this duty. I am, sir, very respectfully, your obedient servant, Z. TAYLOR, Major General U. S. A., commanding. The ADJUTANT GENERAL of the Army, Washington, D. C. [No. 65.] HEAD-QUARTERS, ARMY OF OCCUPATION, SIR: I respectfully enclose herewith a return of the volunteer force on the Rio Grande for the month of June. Much delay has unavoidably occurred in the preparation of this return. It will be seen that it exhibits separately the strength of the volunteers to be discharged under the recent instructions of the secretary, the volunteer force from Texas, which has yet some time to serve, and the twelve months volunteers. I have found it advisable to order the Alabama volunteers mustered out in Mobile, and have given instructions to that effect to Captain Van Horne, 3d infantry. Upon a comparison of dates, I discover that the battalion of Lieutenant Colonel Raiford comes within the operation of the President's sanction, and will be entited to pay. One regiment of Louisiana volunteers has already embarked for New Orleans, and the remaining ones will be shipped as rapidly as possible. In a week I trust the entire force will have sailed. It is probable that a few companies may be organized from these volunteers to serve for the term of twelve months. I will cause all such to be mustered in and duly organized. General Smith, colonel of mounted riflemen, is desirous of remaining, and I am equally anxious to secure the benefit of his services on the campaign. I propose, if it be not disapproved, to retain the colonel, and give him a command according to his rank. I am, sir, very respectfully, your obedient servant, Z. TAYLOR, Major Gen. U. S. A., commanding. The ADJUTANT GENERAL of the Army, Washington, D. C. [No. 70.] HEAD QUARTERS, ARMY OF OCCUPATION, SIR: I have respectfully to acknowledge your communication of the 17th instant, relative to the assignment of general officers, of volunteers, &c. In regard to the disposition of the volunteers from Texas, I would remark that there seems to be some misunderstanding in regard to the kind of volunteers already organized from that State. The Texan volunteers "that have assembled on the lower Rio Grande" are those called for in my requisition on the governor of the State of the 26th of April, properly three months men; while it is presumed that the "quota" assigned to General Wool's command was intended to be one of the twelve-months volunteers. I have advised your office, from time to time, of the gradual arrival of the Texan volunteers, and have even reported that the governor designed to take the field in person. It was not doubted for a moment that the case was perfectly understood; and when advised from your office, under date of June 20th, that one mounted regiment and one foot battalion from Texas were assigned to General Wool, it was taken for granted that a requisition had been made upon the executive of the State for that force, of twelve-months volunteers. The Texas volunteers now in service in this quarter, of which I enclose a consolidated return, entered the service upon the same terms with those from Louisiana, viz: for six months. Of course they can be legally held for only three months, and at the expiration of that time I shall have them mustered out of service, and paid. But I deem their services, particularly of the mounted regiments, indispensable to my operations, and I propose at the end of their service to muster them again for three months; discharging, however, all who wish it. The Texas regiment of foot under Colonel A. S. Johnston, formerly of the army, is an excellent corps, inured to frontier service. All the Texan troops are anxious to go forward; they are hardy, and can subsist on little, and I trust I shall be allowed to retain them in the manner indicated. I may add that very few, if any, of those now mustered in would consent to serve for twelve months. The original call upon the State of Texas was for four regiments; two of horse, and two of foot. As these four regiments, under the organization of May 8, 1792, would constitute two brigades, or a division, I accepted Governor Henderson, who took the field with them, as a major general, and caused him to be mustered accordingly. Although but three of the four regiments have been organized, I deem it best to retain the governor in the capacity of major general, and beg that he may be recognised, with his appropriate staff, as established by the acts of May 8, 1792, and April 18, 1814. It will be impossible for the mounted regiments from Kentucky and Tennessee to join me before I take the field; and without those from Texas I would be quite too weak in that description of force. It is not likely, moreover, that the horses of those regiments will be in suitable condition for service for some time after their arrival. I am, sir, very respectfully, your obedient servant, Z. TAYLOR, Major General U. S. A., commanding. The ADJUTANT GENERAL of the Army, Washington, D. C. [No. 82.] HEAD QUARTERS, ARMY OF OCCUPATION, SIR: I have already had occasion to address the department on the subject of the regiments from Texas. Called into service for six months, and thus on the same footing with those of Louisiana, they came of course under the same rule, and could not be retained beyond three months, the term fixed by law. But, owing to the great scarcity of regular cavalry, I felt compelled to retain the two mounted regiments, and proposed in my communication to you of July 31st to do so, re-mustering them at the end of their term for another three months. Their term of service expires about this time, and they have this day been mustered for pay. All individuals claiming discharge are of course at liberty to quit the service; but nearly all the men seem willing to remain for another term. This has not been the case with Colonel Johnston's regiment of foot (riflemen,) which has accordingly been mustered out of service and discharged. One company of this regiment, commanded by Captain Shivers, expressed a great desire to remain, and entered the service under such peculiar circumstances-having come from Mississippi to Galveston in order to find an opening-that I have accepted it for three months, and attached it to the third brigade of regular infantry. Another company, raised by Captain Seefeld, in Galveston, under the orders of Governor Henderson, arrived at this place after Colonel Johnston's regiment was discharged; and being willing to enter the service for twelve months, I have directed its muster and ordered it to Port Lavaca, to be reported to General Wool as a part of the twelve-months quota from Texas. Still another company (Captain Wood's) arriving under similar circumstances, I have discharged and sent back to Galveston, at government expense. For the protection of the settlements about Corpus Christi, a company under Captain Gray has been mustered for twelve months and stationed there. Of all the Louisiana volunteers, but one company is retained for twelve months-an excellent body of men, under command of Captain Blanchard. I have attached it to the second brigade of regular infantry. The above comprises a statement of all the volunteers in service in this quarter for other periods than twelve months, and all detached companies of twelve-months men. The necessities of the service have compelled me to deviate, in one or two instances, from |