War of the Rebellion: Serial 068 Page 0226 OPERATIONS IN SE. VA. AND N. C. Chapter XLVIII.

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SPECIAL ORDERS, ADJT. AND INSP. GENERAL'S OFFICE, Numbers 130.

Richmond, June 4, 1864.

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XII. Paragraph II, Special Orders, Numbers 123, current series, convening court of inquiry in the case of Brigadier General S. M. Barton, Provisional Army, C. S., is hereby revoked.

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By command of the Secretary of War:

JNO. WITHERS,

Assistant Adjutant-General.

RICHMOND, June 4, 1864.

General S. COOPER,

Adjutant and Inspector General:

GENERAL: I have the honor to acknowledge the receipt of Special Orders, Numbers 130, paragraph XII, revoking paragraph II, Special Orders, Numbers 123, current series, convening court of inquiry in the case of Brigadier General S. M. Barton, Provisional Army, C. S. If it be intended to refuse me an investigation, I most earnestly ask that this action be reconsidered, for the following reasons, viz: Major-General Ransom, without authority, and in violation of General orders, Numbers 141, 1863, Adjutant and Inspector General's Office, deprived me of my command. He has submitted his reasons therefor, alleging six offenses of omission and commission, two of which impugn my honor. I deny the truth of all these allegations and demand investigation. under the Ninety-second Act of War and custom of service, I am entitled to this investigation. That I have a right to be heard in my defense cannot be denied, and there exists no other law by which I may demand this right. The act of February 17, 1864, cannot apply to the case, because it is essential that there be the recommendation of a general commanding a department or separate army in the field. There is no such recommendation. On the contrary, and explicit denial of it is contained in letter from the department commander dated May 23, 1864, addressed to you. I have already suffered irreparable wrong in loss of command, deprivation of service, injury to reputation and its concomitant mortifications. I claim that these suffering are undeserved; have proceeded from false accusations and been illegally inflicted, and I appeal to the law for redress, and to that law under which alone I am able to appeal.

With great respect, your obedient servant,

S. M. BARTON,

Brigadier-General.

[First indorsement.]

ADJUTANT AND INSPECTOR GENERAL'S OFFICE,

June 6, 1864.

Respectfully submitted to the Secretary of War.

H. L. CLAY,

Assistant Adjutant-General.