War of the Rebellion: Serial 127 Page 0398 CORRESPONDENCE, ETC.

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as would clothe it with the power fully to execute the objects of the transfer. The particular form in which this shall be done this Department will not presume to indicate. This form has varied in the different States, the transfer in some of them being absolute or without limitation, while in others the ultimate fee has been reserved, together with the right to resume jurisdiction whenever, in the opinion of the State making the cession, the power transferred, but they are not upon the files of the Department. The subject is one of vast moment, and the despotism exercised by the Government at Washington over the forts and arsenals ceded to the United States in derogation of the trust reposed in its authorities is patent on the face of events. It will be for the wisdom of your statesmen so to word the instrument of transfer as to reconcile the fundamental doctrine of State rights set forth in the Constitution with the imperative requirements of our present military operations of the general defense hereafter.

I have the honor to be, with high consideration and respect,


Secretary of War.

GENERAL ORDERS, ADJT. AND INSP. GENERAL'S OFFICE, No. 9. * Richmond, June 25, 1861.

1. The following regulations are published for the guidance of the Army, and they will be strictly enforced:


2. No enlisted man shall be discharged before the expiration of his term of enlistment without authority of the War Department, except by sentence of a general court-martial, or by the commander of the department or of an army in the field on certificate of disability, or on application of the soldier after twenty years' service.

3. When an enlisted man is to be discharged his company commander shall furnish him certificates of his account, according to form 4, Pay Department.

4. Whenever a non-commissioned officer or soldier shall be unfit for the military service, in consequence of wounds, disease, or infirmity, his captain shall forward to the commander of the department or of the army in the field, through the commander of the regiment or post, a statement of his case, with a certificate of his disability, signed by the senior surgeon of the hospital, regiment, or post, according to the form prescribed in the medical regulations.

5. If the recommendation for the discharge of the invalid be approved, the authority therefor will be indorsed on the "certificate of disability," which will be sent back to be completed and signed by the commanding officer, who will then send the same to the Adjutant-General's Office.

6. The date, place, and cause of discharge of a soldier absent from his company will be reported by the commander of the post to his company commander.

7. Company commanders are required to keep the blank discharges and certificates carefully in their custody.


*See foot-note, p. 369.