WAR DEPARTMENT,
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june ~, lO4O'


SIR: The department has learned with surprise,
from the order Of the l7th instant, signed r. w.
Brice A. d. c., that three German companies Of
volunteers were excluded from the quota Of Ohio
volunteers, "because the regulations prescribed by
the War Department, for the government Of troops
in the service Of the United States, specially pro-
vdes that none can be received into service who do
not speak and understand the English language"
Paragraph 687, Of the general regulations for the
army" is referred to in the order the authority
for rejecting the three companies in question.


In justice to the department. and in order to give
you correct information on the subject, desire to
call your attention to the fact that the regulation
ferred to relates only to the recruiting service-to
the enlistment Of individuals for the army-and that
it has since been modified by an order promulgated
by the Secretary Of War, on the Oath Of March,
l544. In its original or modified shape, it had no
application to volunteers entering the service under
the act Of May 18th That act made no distinction
of the kind stated in your order nor did the requ-
sition from this department. In view Of that act,
and Of the provisions Of the act Of May 8, 1899,
providing for the establishment Of can uniform
militia throughout the United States" the depart
ment would not have felt justified in making any
such distinction, as the latter act renders liable to
military duty leach and every free sble-bodied
white male citizen Of the several States, resident
therein, who is or shall be Of the age of eighteen
years and under the age Of forty-hys years." with