War of the Rebellion: Serial 127 Page 0782 CORRESPONDENCE, ETC.

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facilitating and completing the admission of Kentucky as one of the said Confederate States-

It is hereby enacted by the Council of the provisional government of the State of Kentucky, That the Provisional Constitution of the Confederate States of America, and all laws passed by the Provisional Congress of said States, and the permanent Constitution of said Confederate States, are hereby declared to be, and now are and hereafter shall be, the supreme laws of the State of Kentucky until the same may be repealed, altered, or abolished by the authority of said Confederate States and in accordance with the said provisional and permanent Constitution of said Confederate States.

SEC. 2. It shall be the duty of the Governor to transmit immediately a copy of this act to our commissioners at Richmond, to be by them laid before the President and Congress of the Confederate States of America.

Approved December 10, 1861.

RICHMOND, December 11, 1861.

Hon. J. P. BENJAMIN,

Secretary of War:

SIR: I respectfully submit for your consideration that serious and almost insuperable difficulties embarrass this department in regard to the payment of the militia now in the service of the Confederate States. The act of Congress provides that whenever the militia are called and received into the service they shall have the same organization and receive the same pay and allowances as may be provided for the Regular Army. The Army Regulations direct that troops shall be paid on muster and pay rolls, and the general instructions from the Department of War prescribe that they shall be paid from the time they are mustered into service or placed under orders from the Department. The embarrassments to which I have referred arise from the fact that in many instances regiments, battalions, and companies of militia are in service in Virginia, the numbers of which, respectively, in rank and file, fall far below the minimum standard prescribed by the law of Congress and also the militia law of Virginia. There are accordingly full complements of officers-field, staff, and company-in the service and demanding pay according to their respective, whose commands are very far below the legal standard. Instances have informally been communicated to this department where the rank and file of regiments of militia in service do not exceed the complement of a full company, and one case has been mentioned where a company with its full number of commissioned officers had but a single private on duty. I submit that it will be indispensable to the proper and efficient action of the pay officers of this department that measures be taken to have the militia force now in service regularly mustered in, so that its organization may correspond with that of other troops, and I suggest for your consideration that previous to any further payment to be made to the militia the officers of the C. S. Army under whose command they may be serving be instructed to effect such organization.

A. C. MYERS,

Acting Quartermaster-General.