War Department,

Adjutant General's Office,

Washington, May 18^th, 1866

 

Bv't Brig. Gen'l J. C. Smith

late Lieut. Colonel, 96^th Illinois Vols

Galena, Illinois

 

General;

            I have respectfully to acknowledge the receipt of your letter of the 7^th instant, requesting that you may be allowed pay as Lieut. Colonel, 96^th Illinois Volunteers, for the months of November and December 1863.

 

            In reply, I am directed to inform you, that the regulations of this Department prohibit the muster into service of an officer in an advanced grade prior to the date he receives his commission and enters upon duty under the same with his proper command, and will not permit the muster into service / of an officer in one grade to cover a period in which he has been mustered for pay in another.

 

            The records of this office show that you were borne upon the rolls of the 96^th Illinois Volunteers for November and December 1863 as a Major without remark, and mustered for pay as such.

 

            Your request, therefore, cannot be granted.

 

            It is proper to add that the muster into service of George Hicks as Major, 96^th Illinois Volunteers, to fill the vacancy occasioned by your muster out as such, was accepted to date January 1^st 1864, as was your muster as Lieutenant Colonel.

 

            Your muster-out roll as Major is returned herewith.

                                                                       

I am, General,

Very Respectfully,

Your obedient Servant, /

Thomas M. Vincent

Assistant Adjutant General.

 

S. 480. (V.S.) 1865.

S. 26. (V.S.) 1866.

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