RICHMOND, December 8, 1862.

Lieutenant General E. K. SMITH,

Knoxville, Tenn.:

GENERAL: In reply to your indorsement of November 18, saying the writh of habeas corups should be suspended within so much of this department as is in the limits of the State of Tennessee, I am directed by the Secretary of War to inform you that the President decides that the law and the policy is opposed to such general suspension*.

Very respectully, &c.,

J. S. WHITING,

[20.] Assistant Adjutant-General.

GRENADA, December 9, 1862.

JEFFERSON DAVIS,

President, Richmond, Va.:

Have communicated with General Johnston by telegraph, and special messenger is on way to him. Enemy's advance fallen back to Water Valley and mount of Coldwater. I am in position and fortifying Yallabusha. The army in fine spirits and stragglers coming in+.

J. C. PEMBERTON.

[17.]

SPECIAL ORDERS,
ADJT. AND INSP. GENERAL'S OFFICE, Numbers 289.
Richmond, December 10, 1862.

* * * *

III. On review of the communication of Brigadier General G. J. Pillow, constructed as a tender of his resignation and acted on by its acceptance, but not, as General Pillow contends, so intended or correctly interpreted, the order accepting his resignation is revoke, and he will be regarded as having never surrendered his commission. He will report to General Joseph E. Jonston for duty.

* * * *

By command of the Secretary of War:

John WITHERS,
[20.] Assistant Adjutant-General.

MURFREESBOROUGH, TENN., December 13, 1862.

General BRAXTON BRAGG,

Commanding, &c.:

GENERAL: The President directs me to request you to order as follows: First Major-General Buckner to command at Mobile, Ala. Second. Brigadier General F. Gardner is appointed major-general, and will report to General Pemberton for duty, the President having bestowed upon him this commission. Third. Brigadier-General Maxey to report to General Pemberton for duty. Fourth. Brigadier-General Cleburne is appointed major-general. Fifth. Marcus J. Wright is appionted brigadier-general, and will report to you for duty. Sixth. Colonel Lucius E. Polk, Fifteenth Arkansas Regiment, is appointed brigadier-general. The regular commissions and orders for the above will be issued as

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* See Whiting to Smith, November 14, 1862, VOL. XX, Part II, p. 403.

+ This in reply to Davis, VOL. XVII, Part II, p. 786.

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