the President's response to the Governor in reference to the tender of the military forces of the State and of the terms upon which it is desirable that officers of the Army and Navyof the late United Staes, who have retired or may retire from that service and have entered or may enter the service of Virginia, shall be received into the service of the Confederate States, and to explain to him the conditions upon which the use of the property, munitions of war, &c., captured from the United States are tendered to the President, and the reason of the exception in regard to the machinery taken at Harper's Ferry.

In accordance with the foregoing the council submitted the following for the consideration of the Governor:

The committee, appointed by a resolution of council of the 3rd instant, to confer with the President of the Confederate States on certain points embraced in the terms of the resolution adopted, beg leave to report:

First. That the President is willing to accept the tender of the services of the volunteers of Virginia by companies, battalions, squadrons, or regiments, and, if by regiments, reserving to the State the appointment of all regimental officers, this reservation giving to the State no power to appoint general or staff officers.

Second. That the President is unwilling to bind himself by any pledge or other obligation with resepect to the officers of the Army or Navy of the United States who have retired or may retire therefrom and have entered or may enter the service of the State of Virginia beyond that implied in his note to the Governor of Virginia of June 2, 1861, herewith submitted as a part of this report.*

By this letter it is understood that the President does not feel himself bound to issue commissions to the officers of the Army and Navy of the United Statese who have entered or may enter the service of Virginia, or to follow the rule prescribed by the ordinance of convention in reference to their relative rank when they are appointed into the Cce. He may reverse the grade of these officers by appointing an officer now of inferior rank to a higher grade than another officer who may have ranked him in the U. S. service, but whenever officers are appointed to the same grade their relative rank willn to be reversed.

Third. The President signifies his willingness to accept the servicese of the officers, seamen, and marines of the Virginia navy as troops of Virginia now in service for the war.

Fourth. The President is willing to accept the services of the Virginia troops by the mustering rolls of the Virginia mustering officer without the necessity of a remuster, and he deems a general order from the Governor of Virginia directing a transfer to his authority conferred upon him by the Provisional Constitution of the Confederate States.

In submitting this report this committee do not wish to be considered as agreeing to or dissenting from the positions assumed by the President.

Advised by the council unanimously, that the Governor of Virginia forthwith direct, by general orders, a transfer to the authorities of the Confederate States, by regiments, of all volunteer forces which have been mustered into the service of the State, and direct a like transfer, be regiments of all other volunteers or militia as the same shall be formed and their services may be required.

It is further advised that the Governor direct, by general order, a transfer to the authority of the Confederate States of all the officers, seamen, and marines of the Provisional Navy of Virginia for service, in the Confederate States, waiving for the present, any objection to the consitutionality of so much of the ninth section of the act of the Provisional Congress, approved March 6, 1861, as provides for the appointment by the President, by and with the advice and consent of the Congress, of regimental staff officers of the volunteers and militia when called into the service of the Confederate States.

It is further advised that inasmuch as the State of Virginia has put intoization the various departments of the military staff essential for the comfort and efficiency of an army in the field, the Governor tender to the President of the Confederate States the services of

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*See Davis to Letcher June 2, p. 133.

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