It appears that this regiment was the first body of artillery to engage in the service of the United States in the late civil war. They were hastened to the front on the 21st of April, 1861, and rendered valuable service in the campaign in West Virginia. By an omission, due to the haste with which they were sent to the front, they were never formally mustered into the service by any military officer of the United States. On or about the 30th of May, 1861, while the command was being embarked at Marietta, Ohio, a United States officer reported to muster them into the service, but the commanding officer, General Barnett, stated to him that as his orders were imperative to move with the least possible delay, he could not wait the formality of a muster. They served until the 27th day of July, 1861, and there appears to be no sufficient reason why their services should not be recognized and the officers and men considered to have been in the military service of the United States.

Reference is made to the affidavit of Gen. James Barnett, with exhibits, and to the memorandum of Col. Henry B. Carrington for more complete history of their service and the reasons why they were not formally mustered.

State of Ohio, Cuyahoga County, ss:

James Barnett being duly sworn, deposes and says as follows: That for some time before the 20th of April, 1861, and at that date I was the commanding officer of what was known as the First Ohio Light Artillery, organized under the laws of the State as then existing as a part of the militia force of the State. On the 20th of April, 1861, my command was ordered to report for duty, and immediately thereafter, namely, on the 22d day of April, 1861, left Cleveland for Marietta, Ohio, where the command was on duty until May 29 of the same year, upon which date a portion of the command moved into Virginia. On the 30th of May, 1861, the remaining portion of the command went by boat to Benwood and thence to Grafton, Va., from which time until the date of their muster out they actively participated in the campaign in Western Virginia.

On or about the 30th of May, 1861, while the command was being embarked at Marietta, an officer reported to muster the command into the service of the United States. This officer, if I am correct in my recollection, was Colonel Sill. I am not very positive as to the name of the officer, but it was either Colonel Sill or Captain Cram, who said to me that he was sent for the purpose of mustering my command. We were at the time busily embarking. A portion of the command had already been sent down the river to Parkersburg, and I stated to the officer that it would be impossible to get the men together for muster, and that our orders were imperative to move with the least possible delay, so it was concluded to defer the muster until some proper time after we had got into Virginia. The command went through the campaign without muster, and soon after the expiration of their term of service were ordered back to Ohio for muster out by orders from the War Department. Upon arriving at Columbus the command was mustered in and mustered out upon the same day, dating back their muster into the date of taking the field. This muster was made by George S. Mygatt, aid-de-camp to governor of Ohio, mustering officer. The muster rolls were changed from the printed forms, erasing the words “United States” and inserting “State of Ohio.”

I append hereto as Exhibit A, and make part of this affidavit, a sketch regarding the movements of the command, which consisted of about 120 men, and is a correct statement of its movements. This sketch embraces pages 711 to 714 of the official register of Ohio troops, known as the “Ohio Roster,” and published by the State.

It will be seen from the copy of a letter from the Adjutant-General, United States Army, to Governor Dennison, of Ohio, dated July 27, 1861, which appears upon page 713 of said record, that the command was recognized by the War Department and under its orders during its service in Virginia.

The telegraphic orders from General McClellan, commanding the troops in western Virginia, set forth on page 712 of said record, and others, were received by me and executed by me as the commanding officer therein referred to.

I also append pages 715 to 718 of said record, which contain the muster roll of the batteries constituting said command.

James Barnett.