War of the Rebellion: Serial 128 Page 0003 CONFEDERATE AUTHORITIES.

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with yours, to be printed in pamphlet form. I am not aware of having omitted any part of your observation, nor did I anticipate any further correspondence on the subject. I supposed you had fully stated your views, as I had stated mine, and no practicable benefit could be attained by further discussion. It is due, however, to myself to disclaim in the most pointed manner a doctrine which you have pleased to attribute to me, and against which you indulge in lengthened argument. Neither in my letter to you, nor in any sentiment ever expressed by me, can there be found just cause to impute to me the belief that Congress is the final judge of the constitutionality of a contested power. I said in my letter that "when a specific power is granted Congress is the judge whether the law passed for the purpose of executing that power is necessary and proper. " I never asserted, no intended to assert, that after the passage of such laws it might not be declared unconstitutional by the courts, on complaint made by an individual,, nor that the judgment of Congress was conclusive against a State, as supposed by you; nor that all the co-ordinate branches of the General Government could together finally decide a question of the reserved rights of a State. The right of each State to judge in the last resort whether its reserved powers had been usurped by the General Government is too familiar and well-settled a principle to admit of discussion. As I cannot see, however, after the most respectful consideration of all that you have said, anything to change my conviction that Congress has exercised only a plainly granted specific power in raising its armies by conscription, I cannot share the alarm and concern about State rights which you so evidently feel, but which to me seem quite unfounded.

I am, very respectfully, yours,

JEFF'N DAVIS.

GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND INSP. GENERAL'S OFFICE, No. 48.

Richmond, July 11, 1862.

I. The appointments of general officers and officers of the general staff in the Provisional Army, being made under special authority and for specific objects, terminate with their commands, except in case of assignment to other appropriate duties.

II. General Orders, No. 17, Adjutant and Inspector General's Office, November 7, 1861, authorizing discharges from the service and furloughs by brigade commanders, are hereby revoked.

III. Paragraphs 160 and 161, Regulations for the Army, published March 13, 1862, are revoked, and the following regulations are substituted:

160. When a non-commissioned officer or soldier shall be unfit for military service in consequence of wounds, disease, or infirmity, his captain shall forward to the commandant of the department, or of the army in the field, through the commander of the regiments or post, a statement of the case, with "certificates of disability," signed by the senior surgeon of the regiment or post, according to the form prescribed in the Medical Regulations. If the recommendation for the discharge of the invalid be approved, the authority therefor will be indorsed on the "certificates of disability," which will be sent back to be completed and signed by the commanding officer of the regiment or command to which the invalid's company belongs, who will also