War of the Rebellion: Serial 128 Page 0076 CORRESPONDENCE, ETC.

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GENERAL ORDERS,

ADJT. AND INSP. GENERAL'S OFFICE, No. 63.

Richmond, September 4, 1862.

All general staff officers who hold appointments as such in the C. S. Army, and who have received, or may hereafter receive, appointments of higher grade in the line of the Provisional Army of the Confederate States, will immediately signify to this office their preference for one or other of these appointments, as both cannot be held by the same officer.

By order:

S. COOPER,

Adjutant and Inspector General.

[SEPTEMBER 5, 1862. -For General Bragg's orders in relation to the enforcement of the conscription law in Tennessee, see Series I, VOL. XVI, Part II, p. 797.]

CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT,

Richmond, Va., September 6, 1862.

JAMES D. ARMSTRONG, Esq.,

Senate of Virginia:

SIR: I have submitted your letter of the 1st instant to the President, and am instructed to say that he will happy to accede to the wish of the General Assembly to transfer the State forces, under General Floyd, to the service of the Confederate States, so far as he can do so with a due regard to law.

The conscript act prevents the formation of new corps from persons liable to military service, and the act authorizing the reception of troops in the service of any State applied only to regiments existing at the time of its passage. Under another act, however, the forces may be received as regiments and afterward organized into a brigade. The act of the General Assembly authorizing the formation of the forces, requiring the exclusion of person liable to conscription, it is presumed that no such persons have been intentionally received.

The staff of the regiments should conform to that of the Provisional Army, and will be recommissioned.

A brigade will be organized and a brigadier appointed, whose commission will date from his appointment.

The companies should have a minimum under of sixty-four privates, exclusive of persons liable to conscription, if any such persons should be found in them.

This fact will be ascertained in mustering the troops into the Confederate service, and any person who has misrepresented his age and enlisted in violation of both the State and Confederate laws will be enrolled as a conscript.

The arms and accouterments will be taken at a valuation made by State and Confederate officers.

The term of enlistment will continue as provided by the act of Assembly.

Very respectfully, &c.,

GEO. W. RANDOLPH,

Secretary of War.