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[197] authentic (?) information, he called a council of war, and it was voted not to be quite safe to go up the Potomac. It was thought best to come back to Annapolis and seek the aid and protection of the Massachusetts troops.

I supposed that the Articles of War were in force in New York and Annapolis, and known to the New York troops, as they were to the Massachusetts troops. I refer more particularly to the following paragraphs:--

The militia, when called into actual service of the United States for the suppression of rebellion against and resistance to the laws of the United States, shall be subject to the same rules and articles of war as the regular troops of the United States. (Rev. Stats. U. S., Sec. 1644; Feb. 28, 1795.)

If, upon marches, guards, or in quarters, different corps of the army happen to join or do duty together, the officer highest in rank of the line of the army, marine corps or militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case.

Finding this regiment joining me, I supposed it came under my command. At any rate, as will be seen hereafter, General Scott put it under my command very quickly when he heard of the trouble. At this time, however, I proceeded to take command, and thereupon issued the following order:--

At five o'clock A. M. the troops will be called by companies to be drilled in the manual of arms, especially in loading at will and firing by file, and in the use of the bayonet, and these specialties will be observed in all subsequent drills in the manual. Such drills will continue until seven o'clock. Then all the arms may be stacked upon the upper deck, great care being taken to instruct the men as to the mode of stacking their arms, so that a firm stack, not easily overturned, shall be made. Being obliged to drill at times with the weapons loaded, great damage may be done by the overturning of the stack and the discharge of a piece. This is important. Indeed, an accident has already occurred in the regiment from this cause, and although slight in its consequences, yet it warns us to increased diligence in this regard.

The purpose, which could only be hinted at in the orders of yesterday, has been accomplished. The frigate Constitution has lain for a long time

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