you have and shall have the unreserved confidence and co-operation of the Executive of the State.

I have the honor to be, very respectfully, sir,

JOHN MILTON.

[6.]

WAR DEPARTMENT, C. S. A.,

Richmond, Va., January 12, 1862.

JOHN MILTON,

Governor of Florida, Tallahassee, Fla.:

SIR: I have the honor to acknowledge the receipt of your letters of the 30th ultimo and the 3rd instant. I trust Your Excellency will believe that it is in no spirit of disrespect that I have hitherto refrained and still now refrain from entering into any discussion of the question of constitutional law raised in your correspondence. I entertain the sincere conviction that under the grant of power to raise armies the Confederate Government can call on the people of the States to enter into its service, either individually or by companies, or battalions, or regiments, or brigades, with or without elective officers, on any conceivable conditions or terms that Congress deems expedient, and that all this is not in the remotest degree an infraction of State rights but only the exercise of a power expressly delegated by the State. Your opinion is different, and I believe the Governor of Georgai shares your views. If, however, I agreed with you, my action in this Department could not be changed, because in the exercise of functtions purely ministerial I would not deem myself at liberty to set up my judgment against that of Congress and the President. For thses reasons, which I trust will commend themselves to you judgment, I have not deemed it decorous in me to enter into the argument which you seemed to invite, and have confined myself to the discharge of my duties under the mandate of the law as written.

Reffering to the remaining topics of your communication, in relation to the defenses of Fflorida, I can only say, in addition to what was contained in my letter of the 5th instant, that I will, at the very earliest moment that I possibly can, furnish the arms and munitions called for by you; but I have verbally explained to Judge Baker what I desired to avoid committing to whave not now a solitary musket left on hand; nor can we at an early day hope to send you any arms unless there be indications of an expedition against your State. With inferio forces fronting the enemy at almostt every point on the frontier, as well as on the coast of South Carolina, Alabama, and Georgia, I am compelled to send every weapon I can secure to aid in actual conflict; and glad as I would be to furnish arms at any exposed point, I must give preference to points actually attacked over those that are only exposed to attack. If the enemy should appear on your soil all our efforts would be directed to your defense. Till then I am forced to abstain from diverting any portion of our limited means from our sister States actually invaded. I may add, however, tthat we have large supplies of arms and munitions on the way from abroad, and if two or three cargoes only escape the vigilance of the enemy my plea of poverty will be withdrawn and I shall promptly sen dyou whatever material of war may be necessary of inspiring oyr citizens with that confidence which is always the result of thorough preparation.

I am, very respectfully, your obedient servant,

J. P. BENJAMIN,

Secretary of War.

[6.]