will receive this regiment subject to the conditions as laid down by Mr. Gartrell and assented to by Governor Brown, to wit:
First. The regiment must be raised within ten days, and be tendered to this Department fully equipped, armed, and accoutered.
Second. No application for arms and accouterments must be made by Governor Brown for this purpose upon any supply of arms and accouterments belonging to the Confederate States at Augusta or elsewhere.
Third. If this regiment, after being raised, shall report to this Department for arms and accouterments, or for any other necessary equipments, they will be rejected, not having fulfilled the previously expressed and voluntary conditions.
I trust, sir, that considering the great importance of the question as it will be found to be presented in the letter to Mr. Gartrell from this office of the 1st of May, this arrangement will be regarded in all its strictness as the very best evidence I can give of my anxious solicitude to gratify Mr. Gartrell, to avoid offense to Governor Brown, and to oblige yourself.
I have the honor to be, with the highest consideration, your obedient servant,
L. P. WALKER.
CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,
Montgomery, May 1, 1861.
Hon. L. J. GARTRELL,
SIR: Your letter of the 29th of April to the Hon. A. R. Wright has been referred to this Department, and I am instructed by the Secretary of War to say in answer that the uniform rule obtaining in respect to the subject-matter of your communication is such as has been already made known to you. It will appear to you at once as evident that any other would engender conflict between State and Confederate authority. If independent volunteers corps from within the Confederate States were accepted here, without regard to the wishes and concurrent action of State Executives, the ability of the latter to meet requisitions made upon them by the President would be seriously impaired. This would follow inevitably. But there is yet a higher principle involved, and one that strikes at the very foundation of the political system we are struggling to maintain. I mean that of State sovereignty. In view of this principle the action of the Confederate Government is rendered inoperative even upon State militia, save through the Governors of the State. The rule is more than just; it involves the fundamental doctrine of free instructions. With every disposition to oblige you personally, these are the considerations that operate to relieve him of the power to accept the regiment you place at his disposal without it comes tendered by Governor Brown. If Governor Brows thinks proper he may accept the services of this regiment under the call made upon him by the President for an additional regiment to proceed to Pensacola, communicated on Monday last, provided he has not already made his election.
Trusting that this explanation may b satisfactory, I have the honor to be, with high regard, your obedient servant,
JOHN TYLER, Jr.