War of the Rebellion: Serial 005 Page 0812 OPERATIONS IN MD., N. VA., AND W. VA. Chapter XIV.

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called out en masse. In the second light they freely tender their services; and here again a distinction has to be drawn. They may tender their services through State intervention indirectly to the Confederate Government or without State intervention directly to the Confederate Government. If drafted or called out en masse, they can only be compelled to serve six month, whereas under a tender of service they may be accepted and compelled to serve for any period specified, according to the necessities of the Government and country. But in whatever light they may stand, the nature of the question as affecting staff appointments demands an interpretation that shall generate unity, consistency, and harmony in the general service of the Army, and which could never be obtained if staff officers were not compelled to give bond and surety to that government whose treasury was at their mercy. It would be a strange anomaly in administration to admit a set of officers into the Treasury of the Confederate Government whose bonds and sureties were given in the line of their commissions to the State authorities, from whose treasurers nothing was to be drawn. How could the Confederate Government exact bond and surety from a State officer? Yet the act "to provide for the public defense" imperatively amends that this Department shall exact "bond and good sureties" from all its agents employed in the Army as "quartermasters and commissaries" and as assistant quartermasters and assistant commissaries. The nature of the case and the reason attendant upon it lead to the conclusion that in every branch of the service staff appointments are with the President, and that he may accept or reject those selected by the officers of your command.

Your second interrogatory is plain. The four regiments under you command, having been called into the Confederate service by proper authority and retained at Winchester, are entitled to the usual pay allowed by law to volunteers and militia for the time they have served and shall continue to serve. Nor is there any difficulty in regard to your third and last inquiry. The militia called into the Confederate service are clothed, subsisted, and paid as other troops.

In conclusion, it may be remarked that this Department has received from the county authorities of Shenandoah and from the Honorable J. Randolph Tucker, the attorney-general of Virginia, earnest petitions for the discharge of all that portion of your command which may be in excess of the 10 per cent.quota demanded by this Government for active service in the field. The question of their discharge will be referred to General Johnston, who will be governed in his decision by the necessities associated with the defense of Winchester and the country comprising the third militia division.



Secretary of War.


At Dogwood Gap, Va., Monday, August 28, 1861.

General R. E. LEE, Commanding, &c.:

SIR: Deeming it proper to keep you fully advised as to movements in this direction, I take occasion to submit the following brief report of the operations of my command during the past few days:

On Monday, the 19th instant, while encamped at Big Sewell Mountain, I was joined by Colonel Henningsen, whom I immediately assigned to the Second Infantry Regiment of this command; also placing him