determining whether the staff officers, surgeons, commissaries, and adjutant appointed from civil life lose their commissions when the regiments are disbanded, or whether they are to remain in the service and be assigned to duty with other troops.
Fifth. The act of Congress in relation to cadets confines the appointments to persons selected from the Confederate States. There are several instances of meritorious youths, citizens of what are known as the Border States, who have resigned their positions at the Military Academy at West Point and are now serving as privates in our ranks. Ought not these cases to be provided for by permitting the President to commission such young men as cadets in our service?
Sixth. The act "to provide for the public defense" allows to a battalion (section 8) a chief bugler or principal musician, according to corps, but omits a like provision for regiments. This is supposed to be an unintentional omission and attention is invited to it.
Seventh. The act of Congress establishing the Regular Army provides for a corps of artillery with certain officers and does not seem to contemplate the organization of field batteries into battalions or regiments. In actual service it is known that it rarely if ever occurs that field batteries are used in organized battalions or regiments. The act "to provide for the public defense," while it authorizes the acceptance of volunteers as artillerists in companies, battalions, and regiments, and empowers the President to unite them in such organizations when tendered in separate companies, does not require that he should do so, nor would the good of the service be at all promoted by such action on his part. If, then, the battery or single company be the best organization for artillery, as seems to be unquestionable, it results that under the present legislation the Executive is without power to reward eminent services in that arm by promotion. If we take for example the battalion of Washington Artillery which (being mustered into service as a battalion) happens to be commanded by a nd that Major Wanton, whose services have been conspicuous in that arm and whose promotion has been recommended by his generals and is desired by the President, is deprived of that substantial mark of approval for eminent service which is the cherished hope of the true soldier.
The remedy seems to be to authorize the appointment of officers of artillery of higher rank than is now permissible and I would respectfully suggest that Congress permit the appointment of officers of artillery in the Provisional Army and in the volunteer corps, not to exceed in number one brigadier-general for every twenty batteries, one colonel for every ten batteries, one lieutenant-colonel for every six batteries, and one major for every four batteries, without reference to the number of batteries under the actual command of the officers so appointed.
Eighth. The act of Congress of 21st of May, 1861, authorizes the President to confer temporary rank and command for service with volunteer troops on officers of the Confederate Army. According to the terms of this act such temporary rank is admissible only when the officers of the Army are on actual duty in the field with troops. But there is in the different bureaus a number of meritorious officers whose duties onerous and irksome, are performed under my personal observation with universal assiduity and fidelity. They are debarred by the necessities of the service from active duty against the enemy, and I have been compelled in repeated instances to refuse their urgent appeals for permission to take the field. They have been offered the