Richd. Drum to J. O. Cremony, November 25, 1861

Capt. J. O. CREMONY, AND OTHER OFFICERS OF THE SECOND REGIMENT California VOLUNTEER CAVALRY: (Through Colonel Sims, Commanding Camp Alert, Cal.)

GENTLEMEN: The general commanding the department has carefully examined the subject submitted in your communication of the 21st instant with reference to the organization of volunteer regiments, their rights under the law, «c., and directs me to answer categorically as follows: First, Your allegiance is first due to the General Government.

Second. After U. S. troops of any description have been mustered into the service the authority of the State government over them ceases entirely. Third. Allegiance being first due to the General Government, of course all are bound to obey the Army authorities. Fourth. Of course all are bound by oath. Fifth. Certainly not. Sixth. He has. (See section 3 of act approved August 6, 1861.) Seventh. Cannot say what might be done, but the right and duty of the Governor to fill the vacancies is positive law. It makes no provision for any other mode of filling vacancies, no matter where the regiment may be serving. By the plan of regimental organization for volunteers announced in orders by the President, the adjutant and regimental quartermaster are to be selected from the company officers by the colonel. They are appointed by him and reassigned to companies at his pleasure. After a careful examination of the laws relating to the volunteers and the orders organizing the same, the general is of the opinion that the appointment of the regimental staff rests entirely with the colonel or other permanent commander of the regiment, and that the Governor has nothing whatever to do with such appointments. These views were expressed by the general to Colonel Smith, and with this understanding the colonel appointed Lieutenant French regimental quartermaster, the colonel intending to assign Lieutenant Wright to the company from which Lieutenant French was taken for staff duties.

Very respectfully, your obedient servant,