War of the Rebellion: Serial 042 Page 0066 W. FLA.,S. ALA.,S. MISS.,LA.,TEX.,N. MEX. Chapter XXXVIII.

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First Lieutenant William E. Gibson, from Virginia, to be captain light artillery.

First Lieutenant William R. Jones, from Virginia, to be captain light artillery.

The two last-named officers are West Pointers.

First Lieutenant H. M. Stringfellow, from Virginia, to be captain light artillery.

Captain S. T. Fontaine, from Texas, to be major of artillery, now acting assistant chief of artillery Eastern Sub-District.

Lieutenant Colonel H. C. McNeill, Fifth Texas Mounted Rifles, to be transferred to the Adjutant and Inspector General's Department, with same rank.

Captain George R. Wilson, from Texas, to be major of artillery.

First. Lieutenant Charles Hill, from Virginia, to be major of artillery, acting assistant chief of artillery Western Sub-District.

Captain W. S. Good, from Texas, to be major of artillery, on ordnance duty at present at Houston, in charge of depot and constructing cannon, &c.; an excellent officer.

J. BANKHEAD MAGRUDER,

Major-General, Commanding District.

[Inclosure Numbers 2.]

INSPECTOR-GENERAL'S OFFICE, TRANS-MISS. DEPT.,

Shreveport, June 15, 1863.

Lieutenant General E. KIRBY SMITH,

Commanding Trans-Mississippi Department, Shreveport, La.:

GENERAL: In answer to your inquiry as to the particulars of the dissatisfaction that existed in Colonel Phillips' regiment, Texas Cavalry, at the time of my inspection, in reply, I have to state that I met Colonel Phillips and Captain Durant in advance of their command; they had started to come to Shreveport, to lay their respective views before the commanding general.

Upon consulting me upon the matter, I told Captain Durant-who said he represented a certain number of men and officers-that he was entirely in the wrong, the complaint being that Colonel Phillips had been appointed a colonel to command them, without any authority to do so, and the same regarding the other field officers, contending that they had a right to elect their officers. I examined the orders by General magruder forming the regiment, and told Captain durant that if General Magruder and exceeded his powers he was responsible to the War Department, and that his business, as the law was clearly not with him, was to obey.

The law referred to was that granting to all companies, battalion, and regiments the right to reorganize and elect, within a certain time, all of their officer (October 11, 1862, I think, is the time), and that his (Captain Durant's) and the others having been at that time independent companies, and being thrown subsequently into a regimental organization, it was to be presumed that General Magruder had the authority to do so, and, if to do so, to appoint the field officers, for which exercise of authority he was responsible solely to his superiors, having infringed clearly upon no rights of theirs.

The captain professed himself satisfied with my decision, and signified his intention to abide therein.

The command crossed the Sabine, and were inspected by me in Louisiana, and I left them in, as I thought better condition, as to discipline