John Tobien and others to Richard Yates

Camp 43rd Regt Ills Inf. Vols.

Little Rock, Ark. Oct. 6th 64

Governor:

The undersigned Officers of this 43rd Regt Ills. Vols. most respectfully beg leave to represent to Your Excellency the following facts ,with the request that Your Excellency would take immediate steps, to secure us the ends which we wish to attain. According to the rules & regulations of the Muster-out of troops, the Hon. Veterans of our regiment would have to be mustered out by companies separately and successively as they were mustered in, in August and September 1861. Those of companies "A", "B", & "C" have accordingly been mustered out. The Mustering officer here contends that no company can be mustered out until after the expiration of the term from that date, where it had attained at least the minimum number of men; thus Companies "B" & "C" were not discharged until the 26th day of September, although these companies were mustered in almost a month previous to that time in 1861. Capt Pitcher of the regular Army mustered and accepted into the service of the U.S. eight companies of our regiment during the month of September 1861, although some of them had not at the time attained the minimum number of men and issued to each of the comdg officers a

copy of the Muster-in Role of their respective companies. These organizations have since continued to excist and be paid as such, fully officered to the present day, without the least objection ever being offered by the Government either through the Adjs General, who viewed the regular Muster Rolls, or it's Mustering and Disbursing Officers. Two more companies, "I" and "K" organized at Benton Barracks Mo and mustered-in, the former on the 8th and the latter on the 29th November had also not the requisite number of men, and never had since, but were nevertheless accepted as organizations and continued. On the 16th day of December the first 8 companies were again mustered and sworn by Lieut N. F. Swett, 13th U.S Inftry. This Officer promptly forwarded the Rolls of said Muster to Washington, which Captain Pitcher has evidently neglected to, for upon application being made by the regiment Comd'r for advice from the War Department when those Men belonging to companies, who never attained the Minimum, should be mustered out, as the case is not clearly defined in the general Mustering Regulations, answer was received here day before yesterday, that no more companies should be mustered out before the 16th of December 64,

as there was no record on File in the Adjt Genl's Office that any of the companies had been accepted previous to Lieut Swett's Muster on the 16th day of December 61. except Co "C" which company had previously been mustered by Capt Pitcher, and was entitled to be discharged Sept 5th 64. How that single roll came to the Adjt Genl's hands, and no other, is impossible for us to tell. At all rates the authority of Capt Pitcher's Muster is acknowledged and his signature on the roll retained by the company comdr's here, should be respected, and the men mustered out accordingly. The Adjt Genl. also confirms, that no company can be mustered out till after expiration of the term from the date where the same attained the Minimum Number. But the Government certainly does not want to thus formally press the men into it’s service. The Men swear on their Enlistment to serve Three Years, and after the faithfull performance of duty during this time they should be discharged. No one in this regiment will refuse nor grumble about serving a reasonable time beyond he term should excigencies demand it, and a good many now have thus already served over a month longer, but to be held, for mere sake of the want of a clearly defined rule in such a case as ours, some three

three months beyond the term, is decidedly unjust, and not carrying out the conditions of the mutual agreement between the soldier and the U.S. and we are certain this matter would immediately be attended to, if the facts are only brought to the Knowledge of the War Department. As however, before an answer can be received from Your Excellency, the space of time between this and the 16th day of December 64 will almost have transpired, we sincerely beg your Excellency, to secure for us at least this much as the War Department, that all the Men in the Regiment who have established prior to the 16th day of December 1861, will be discharged & mustered out at once on the same date in this Year, no matter whether the companies to which they belong were minimum companies at the respective time or not; so that the remaining portion of the regiment can be promptly consolidated and reorganized. We have the honor to be Your Excellency's obdt. servts.

Tolan Tobien R. C. Feldkamp

Capt. Comp "E" Capt Comp "D"

F. Exter Hugo Westermann

2d. Lieut Comp "G" Capt Comp "H"

Ernst Wuerpel

Capt Comp. "F" Capt Comp "G"

Eno H. Hoering Henry Kroeger

Capt Comp. "K" Capt Comp "J"

William Schuebel Charles Storck.

2nd Lieut Comp "F." 1st Lieut Comp "G."

Gustav Wagenfuehr, Adjutant.

To his Excellency Richard Yates

Governor of Illinois

Tobien John, Capt Co "G"

43d Ills Vols.

Little Rock Oct 6th 64

Writes in referrence to the Muster our of certain Companies in his regt.

attended to

A