Dec'b 27, 1862

 

Dear Father,

            I inclose copy of a letter sent to you yesterday. Clancy arrived in the evening, and has been received by only one or two of the officers. I sent for him at once early this morning, directing the orderly to tell Mr. Clancy I wished to see him. Upon his arrival I demanded "What are you doing here, Sir? He replied "I am here by order of the Sec. of War" Show me the order Sir? He gave it to me, and I quietly whistled Yankee Doodle and unhesitatingly endorsed it thus—

                                                           

1^st Reg'm't N.Y.V.

Dec'b 27.1862

 

The position previously occupied by Mr. Clancy was regularly filled before the date of this order, and he cannot therefore be restored.

                                                                                   

J. Fred. Pierson

Col. Command'g

 

I handed it to him, and said "You will leave this camp Sir, before this afternoon" He replied "I expect to do so, had you treated me right you would receive my resignation at once" I motioned to the door saying "I treat a man according to his merits" and Mr. Clancy backed out of my sight—Just so it stands, he may go and then the matter rests. If he prefers to contest the point he will give me much trouble. A man now is not in the service until mustered by a regular Army Officer, and he cannot be so mustered but upon his commission. Well! no commission having been received, no one has therefore been mustered in as Field Officers, and so the ex-Major may assert and claim— 

 

I shall attempt to have this set aside by showing that I wrote to have the places filled on the 1^st Nov'b last, and that they have been filled by the sending of the commissions, although by mail irregularity or otherwise the commissions are not yet to hand. That the officer has been act'g Major, and considered as such in reality. And by an appeal to Gen'l Hooker &c with a full statement, of all the circumstances.

 

Again, the proceedings of the trial of the Major last July, upon my charges, have never been rec'd. He was in arrest awaiting this sentence when dismissed, and I shall see that he is the same, if obliged to keep him now. He claims that the proceedings were lost, but I am not fully convinced of it. I believe that miserably unjust, conceited, arrogant, self-vaunted Gen'l Birney is at the bottom of this.

 

Every one in his Division nearly hates him, and please never mention this Division by his name, call it Kearney's old Division.

 

If you go to Albany and can do anything before the advent of Gov. Seymour or even afterwards let me know as soon as possible. Be sure that the commissions of Van Tuyl & Leland date back to the time the vacancy commenced, or before the 1^st Dec'b—

                                                                                               

Your's Aff.

Fred.

 

6 P.M.                                                                                                 

            I have just rec'd the following order

                                                                                   

Hdqrtr's Berry's Brigade—

Camp Pitcher, Decb. 27. 1862

Major James T Clancy will immediately report for duty as Major of the 1^st N.Y.V. in conformity with Special order #400 from the War Department. The place not having been filled, Col. Pierson will place him on duty immediately.      By order of Brig Genl Berry

G W Wilson AAAG

 

[margin]

 

Dec 27/62

 

                        Copy.

Dec 27^th 1862

 

Dear Father

            I inclose a copy of a letter sent to you yesterday. Clancy arrived in the evening and has been received by only one of the officers. I sent for him early this morning, directing the orderly to tell Mr. Clancy I wished to see him—upon his arrival I demanded "What are you doing here sir" "I am here by order of the Sec. of War". Permit me to see the order sir" He gave it to me, and I quietly whistled Yankee-Doodle and unhesitatingly endorsed it thus—

Hd. Qrs. 1^st Reg^t N.Y.Vols

Dec. 27^th 1862

The position previously occupied by Mr Clancy was regularly filled before the date of this Order, and he cannot therefore be restored.

J. Fred. Pierson

Col. Commanding

 

I handed it to him and said "you will now of course leave this camp sir, at once". He replied "I expect to do so, and if you had treated me right you should have had now receive my resignation". I motioned him to the door saying "I treat a man according to his merits", and Mr. Clancy backed out. Just so it stands, he may go and then the matter rests. If he prefers to contest / the point he can give me much trouble.

 

A man now is not in the service until mustered by a regular Army Officer, and he cannot be so mustered except upon his commission. Well no commissions having been received no one has therefore been mustered in as Field Officers, and so the "ex-Major" may assert and claim—I shall attempt to have this set aside by showing that I wrote to have the places filled 1^st Novb. last, and that they have been filled by sending the commissions, although by mail irregularity or otherwise they are not yet at hand. That the officer has been acting Major, and considered as such in reality, and by an appeal to Gen'l Hooker &c with a full statement of all the circumstances.

 

Again, the proceedings of the trial of the Major last July, upon my charges have never been received. He was in arrest awaiting this sentence when dismissed, and I shall see that he is the same if obliged to keep him here a few days.

 

He claims that the proceedings were lost, but I am not fully convinced of it—

                                                                                   

Yours Aff.

 (Sgnd)             J. Fred. Pierson

 

[margin]

 

1862

Dec 27

SOURCES