War of the Rebellion: Serial 127 Page 0942 CORRESPONDENCE, ETC.

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SPECIAL ORDERS, ADJT. AND INSP. GENERAL'S OFFICE, No. 38.

Richmond, February 15, 1862.

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II. All persons employed in the telegraph offices of the Confederate States as operators are hereby exempted from military duty.

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By command of the Secretary of War:

JNO. WITHERS,

Assistant Adjutant-General.

RICHMOND, VA., February 16, 1862.

Governor SHORTER,

Montgomery:

I prefer all infantry, but would accept one or two regiments of cavalry.

J. P. BENJAMIN,

Secretary of War.

RICHMOND, VA., February 16, 1862.

Governor JOSEPH E. BROWN,

Milledgeville:

Your dispatch received. I will issue no more commissions to raise troops till you have filled the requisition.

J. P. BENJAMIN,

Secretary of War.

CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, Va., February 16, 1862.

Hon. JOSEPH E. BROWN,

Milledgeville, Ga.:

SIR: Your letter of the 4th instant, making certain inquiries respecting re-enlisted troops and the commissions of their officers, has been received. To your several questions I have the honor to make the following replies: First. The company and field officers elected under the provisions of the act granting bounty and furloughs are to be commissioned by the President. Second. Whether the troops originally entered the Confederate service through State authority, or independent of it, they now re-enlist under the provisions of a law of Congress, and the officers must all be commissioned by the President. Third. State troops now in service for a term of six months can re-enlist for two years and six months from and after the expiration of their present term, the officers to be elected and afterward to be commissioned by the President. Fourth. The clause in the Constitution to which you refer applies upon its face only to the militia and not to forces raised by virtue of an act of Congress. The re-enlisted troops are not raised by State authority, but voluntarily enroll themselves under the provisions of a Confederate law. I would enter more into detail in furnishing Your Excellency with my views on this