James R. Hugimen to Richard Yates

Paducah Ky Oct 12. 1861.

To His Excellency

Richard Yates Esqr

Governor of Illinois

Sir

I beg leave to call your attention to a matter which is of interest to me and which you alone can fully comprehend and settle.

I had a Commission as Captain in the 12th Regt Ills Vols, dated April 25/61. The regiment was at first organized and mustered in as a three months regiment and was mustered out of the service Aug 1. at Cairo, their term of enlistment having expired. On the same day (Aug 1st) the regt was mustered in again for the term of "3 years unless sooner discharged", Previous to our being mustered in the second time, elections were held, by order of the Colonel, for Company officers, in some companies the officers were changed but I was re-elected as was, also, my two Lieutenants.

In the first organization I was the senior Captain, it was partly decided by lot and I won it. In the second organization I am also the senior Captain by having had a previous commission of oldest date.

At the time of the new election for Company officers there was no election held for Field Officers, that was deferred until Sept 24, nearly two months after we were mustered in the second time. The old Field officers retained their offices: - viz John McArthur Col. Augustus L Chetlain Lt Col and William D Williams Major.

On the 23d Sept Col McArthur ordered an election for Field officers, but Maj Williams protested against an election for Major as there was no vacancy of that office, he was, however, subsequently: - Sept 25th - prevailed upon to withdraw his protest and then resigned, his resignation was accepted by Maj Genl Fremont to take effect Oct 1st '61. At the election spoken of Caps A. C. Ducut received 20 votes, S R Metmore (regimt Quarter Master) received 3 votes and Maj W D Williams received 2 votes. I received 3 votes. - there was only 28 votes cast in all.

The law in regard to filling vacancies in the Volunteer regts is not very clearly understood by us soldiers, some think they are to be filled by elections. - others are of opinion that they are to be filled by your appointments and, still others, are of opinion that they are to be filled by promotions from seniority. The latter is the manner directed by the Army Regulations and we are considered in all respects as belonging to the U. S. Army.

The position of the Field officers in our regt

was peculiar to the 1st Brigade along. From the fact that they were mustered out of the service Aug 1st did it make those positions such as were to be filled by yourself as original appointments? In the election for our Field officers held Sept 24th there was no vacancy in the Majority as, the then occupant, averred, he tendered his resignation Sept 25. and it took effect Oct 1st, the election was, therefore, one day or six days too early.

The inferences to follow from my statements here made are. - If the offices are elective, and if the election of Sept 24th was properly held, Capt A. C. Ducat is entitled to the Majority, he had 20 out of 28 votes. - If the offices are to be filled from promotions by seniority it belongs to me. - Capt Ducat was not a Captain until we were mustered in the second time. - If the positions were to have been filled as original appointments, they have never yet been filled.

I believe I was among the first to apply to your Excellency for a Majority, I applied when the cloud of war was no bigger than a man's hand. I applied again in July last, after the war had become a fixed fact. And now I respectfully ask that the commission be given to me if you think it belongs to me and not otherwise. All the statements here made as facts, I make upon honor.

I am obliged to address you this, the third

time, even at the risk of being thought importunate, but it is a delicate question with me and, as I said at first, you alone can settle it.

I am, Sir.

Your Obdt Servt

James R Hugemin

Capt 12th Illinois.

J R. Huginen

Capt 12th Infantry

Wants to be Major