Item No. 7446820

The “Louisiana Legion” was a state militia organization based in New Orleans. At the start of the Civil War, the Legion’s sub-units were composed almost entirely of foreigners—Frenchmen, Spaniards, Germans, and Italians. In December 1861, the Legion’s commanding officer, Colonel Numa Augustin, ordered that all members who had become naturalized citizens be excluded from the militia so they would be free to join the volunteer companies of Louisiana citizens then forming. By February 1862, the militia units had been dissolved entirely.

In this December 1861 letter, General John L. Lewis, commander of the Louisiana Militia’s 1st Division, writes to Colonel Numa Augustin to clarify his position that units composed of non-citizens could not enter Confederate service. He writes:

After the orders had been issued, several officers of the French Legion called on me, late at night, to learn if the French Legion were included. I answered that it was my individual opinion that the portion of the Orders putting the troops of the 1st Division under the Rules & Regulations governing the Army of the Confederate States could not apply to organizations of foreign residents; that they were subject to the Militia laws of the State only; and at their special request I at the same time authorized them to state my opinion to their countrymen. The next morning I laid the matter before the Governor, who fully agreed with me; as also did the Judge of the Confederate Court of this District, who happened to be present.

Lewis then states that he expressed the same opinion to the French Legion’s commander, Colonel Albin Rochereau, and that essentially Rochereau would need to take it up with Governor Thomas O. Moore. Lewis continues:

Why Colonel Rochereau undertook to countermand your order to him, is for him to explain. My order has not yet been countermanded, nor shall it be until so directed by the superior authority whence it originated.

Permit me to add here that my further opinion is, when corps, composed of foreigners, voluntarily annex themselves to Corps of the Division, they are bound, if they continue therein, by the same regulations and orders which govern the corps to which they became attached.

The letter was written on two sides of a letter sheet measuring about 8” x 9 5/8”. Light toning. Creased at the original folds. The letter is secretarially written, but signed by Lewis at the bottom of page 2. The full transcript appears below.

Head Quarters, 1st Div. La. V. I.
New Orleans, Dec. 23d 1861

Colonel Numa Augustin,
Commanding Louis’a Legion Brigade

Sir:
In answer to your communication of this date, I have to state that Orders No. 47 from these Head Quarters were based upon Orders No. 1593 from the Head Quarters of the Governor & Commd. in Chief. After the orders had been issued, several officers of the French Legion called on me, late at night, to learn if the French Legion were included. I answered that it was my individual opinion that the portion of the Orders putting the troops of the 1st Division under the Rules & Regulations governing the Army of the Confederate States could not apply to organizations of foreign residents; that they were subject to the Militia laws of the State only; and at their special request I at the same time authorized them to state my opinion to their countrymen. The next morning I laid the matter before the Governor, who fully agreed with me; as also did the Judge of the Confederate Court of this District, who happened to be present.

In the course of the day, Colonel Rochereau and others called on me, and I stated to them that I had given the above opinion to the officers before mentioned; that I still entertained the same opinion; and if my views were not considered correct, and they wished any further explanation, change, or modification of the Orders, they must apply to a higher source—the one from which it emanated.

Why Colonel Rochereau undertook to countermand your order to him, is for him to explain. My order has not yet been countermanded, nor shall it be until so directed by the superior authority whence it originated.

Permit me to add here that my further opinion is, when corps, composed of foreigners, voluntarily annex themselves to Corps of the Division, they are bound, if they continue therein, by the same regulations and orders which govern the corps to which they became attached.
I am, very respectfully
Your obedt. servant
Jno. L. Lewis, Maj. Genl.