War of the Rebellion: Serial 128 Page 0610 CORRESPONDENCE, ETC.

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of the escort to move with and extend to him all protection necessary to secure the success of the operation.

VI. Officers of engineers will not assume nor be ordered on any duty beyond the line of their immediate profession, except by special order of the President. In the operations of the armies of the Confederate States, all that appertains to the science of civil or military engineering will be assigned by commanders to the officers of engineers serving with their forces; and with them will rest the responsibility of a proper execution of the works. The labor will be performed, if possible, be details of troops commanded by their officers; in other cases, by hired labor under the control of oversees employed by the engineer officers.

VII. Officers of engineers will not be required to give other supervision to the fatigue parties or laborers employed in the construction of works than is necessary to indicate, in a clear and distinct manner to those directing the labor, their plans and the character of the work to be done.

VIII. The senior officer of engineers serving with a commanding general in the field will transmit to the Engineer Bureau at Richmond the reports, plans, and journals called for by paragraph 478, Army Regulations.

By order:


Adjutant and Inspector General.


Richmond, June 26, 1863.

Governor J. E. BROWN,

Milledgeville, Ga.:

SIR: Your communication of the 30th of May last has been received, and the consideration given to it required as well by the serious consequences of the claim of a right to fill the vacancy occasioned by the death of the lamented Colonel Slaughter, of the Fifty-first Georgia Regiment, by election, as by the earnestness and confidence with which the claim is presented. It appears from the muster-rolls filed in the Office of the Adjutant and Inspector-General that the Fifty-first Georgia Regiment was mustered directly into the Confederate service on the 4th of March, 1862, for three years or the war. The regiment was raised under the act of January 23, 1862, which authorized the President to call upon the several States for troops to serve for three years or the war; and a circular on the subject from the War Department of February 2, 1863, was addressed to the several Governors. By the tenth section of the act of April 16, 1862, commonly known as the conscription act, it is provided that all vacancies shall be filled by the President from the company, battalion, squadron, or regiment in which such vacancies shall occur by promotion according to seniority, &c. This provision was supposed to apply only to troops referred to in that act, but, as if to put the question at rest on this point, five days after, to wit, on the 21st of April, 1862, Congress passed a general act providing that all vacancies shall be filled by the President, &c., by promotion according to seniority, &c. It seems to me, therefore, that in accordance with this last act all vacancies in volunteer organizations are to be filled by promotion according to seniority, &c., and that the vacancy