War of the Rebellion: Serial 042 Page 0212 W. FLA., S. ALA., S. MISS., LA., TEX., N. MEX. Chapter XXXVIII.

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requirement on the part of chiefs of staff corps, I respectfully call your attention to it, in the hope that you will make such an order as will prevent the recurrence of it.

I am, colonel, very respectfully, your obedient servant,





Richmond, September 7, 1863.

* * * * * * *

By command of the Secretary of War:


Assistant Adjutant-General.


Richmond, Va., September 7, 1863.

Lieutenant General E. KIRBY SMITH,

Commanding, &c.:

GENERAL: Your letter of June 16, inclosing a communication and recommendation for appointment of officers from General Magruder, having been duly received, was submitted to the President, and has been under advisement by him. He has not deemed it expedient to make the appointments recommended by General Magruder. His views, as you are aware, are decided as to the irregularity and impolicy of appointing brigadiers, except to the command of brigades already constituted, and he is, besides, unwilling to act on the presumption of such brigades existing, unless the regiments composing them have been duly reported and the muster-rolls furnished to the Adjutant-General.

The other appointments recommend have been by him likewise deemed as either exceeding the number of those under the usage of the Department allowed to commanders in the field, or as excessive in the rank sought to be conferred. He supposes General Magruder to be already provided with staff appointments proper to his command, and cannot recognize, in the peculiar circumstances of his position, the necessity for the latitude of appointment which he thinks these recommendations invoke.

It is not without regret that I feel myself constrained to disappoint the wishes and expectations of General Magruder; nor am I without apprehension that some embarrassments may result to him from the denial of the rank to which, as it would appear, some of the officers have been already assigned. It will be necessary, however, that, restraining the liberally of his nature, he should conform himself to the stricter views of the Executive, and I rely on the zeal and patriotism of his officers for the full measure of efficiency which he has sought to stimulate by the bestowal of rapid promotion.

As far as opportunity allows, I wish you would yourself give consideration to the appointments that may be really necessary in General Magruder's command, and present them, with reasons for their appointment, directly to the consideration of the President. Without dispar-