brigade arriving at Jackson's River. He has made no report to me, and I am not informed that he has taken or received any gun, but it is very probable that, finding a gun at Jackson's River, he has brought it on to the White Sulphur, supposing it the one intended for his company. If intended for your brigade, it is obvious that no injury has been done to your command by bringing it on its way to the White Sulphur, especially as you have been anxiously awaiting its arrival at your vamp, and I have forwarded orders at once to deliver it up to your officer in charge. It was probably a mere mistake, by which, too, the gun was considerably forwarded on its way to you, and no harm, for the same reason, was done, even if the person made no mistake, and knew the gun was intended for you, and not for the Legion. And, if it is intended for the Legion, then the officer understood the matter correctly, and he did but execute orders in forwarding the gun on its way to me by taking it to the White Sulphur.
In any event, sir, permit me to say that I cannot consent that the order to arrest my officer, issued by you at Carnifix Ferry, shall be executed upon him at the White Sulphur under the circumstances of this case. First, because the White Sulphur is not a place within the bounds of your command, except so far as you may order persons belonging to your brigade. Those belonging to my brigade there are subject only to my orders or those of General Lee. Second, because the complaint for arresting an officer of my immediate and independent command, should have been made to me, and the proper orders should have been passed through me, to have afforded opportunity for inquiry of the officer complained of. Third, because the alleged offense has not been inquired into at all, and is believed to be a mere mistake, doing no harm, at least, if not furthering your wishes, and founded on a zeal to do duty and obey orders. Fourth, because the gun is just as probably intended for the Legion as for your batteries.
If, then, it turns out that my officer has taken a gun to the White Sulphur from Jackson's River, he ought not to be arrested by your orders, both for want of validity and of justice, and the order to that end will be resisted in my command. I therefore (if it shall turn out that this offense has been committed by any officer belonging to my Legion) will, as long as your order for arrest is pending, most respectfully decline to furnish you with a list of my officers and the dates of their commissions, that you may select from among them such names as you would like to be placed upon the court-martial. It will be time enough to do what is legitimate and proper to be done when it is no longer hypothetical whether it will turn our or not that any offense has been committed by anybody, and, if by anybody, whether commited by any officer belonging to my Legion.
I am, very respectfully, your obedient servant,
HENRY A. WISE,
Numbers 35.] HEADQUARTERS ARMY OF THE KANAWHA,
Camp Gauley, Va., September 9, 1861-1 a. m.
(Received 8.45 a. m.)
General HENRY A. WISE:
SIR: The enemy are beyond doubt advancing from Suttoh. They are reported by the scouts of Colonel McCausland (who, with the regiment, is stationed in Summersville) to be within 12 miles of that place, and in full force, 6,000 strong. My strength, including the regiment