This regiment had volunteered in New York, early in April, for ninety days; but, by reason of the difficulty of passing through Baltimore, they had come via Annapolis, had been held for duty on the railroad as a guard for nearly a month before they actually reached Washington, and were then mustered in about a month after enrollment.

Some of the men claimed that they were entitled to their discharge in ninety days from the time of enrollment, whereas the muster-roll read ninety days from the date of muster-in.

One day, Colonel Corcoran explained this matter to me.

I advised him to reduce the facts to writing, and that I would submit it to the War Department for an authoritative decision.

He did so, and the War Department decided that the muster-roll was the only contract of service, that it would be construed literally; and that the regiment would be held till the expiration of three months from the date of muster-in, viz., to about August 1, 1861.