invasion of the rights of the sovereign State, but should have had them there soon if the property had not been restored. I single Confederate provost-marshal in Georgia admits that thirty citizens and soldiers have been shot by his guard without his right to shoot citizens being questioned till within the last few days, when he was greatly enraged that a true bill for murder should have been found by a grand jury against one of them for shooting down a citizen in the streets, who offended him by questioning his authority over him. Every citizen in the State, both man and woman, is arrested in the cars, streets, and highways, who presumes to travel without a pass. They are arrested without law, and imprisoned at pleasure of Government officials. The houses, lands, and effects of the people of Georgia are daily seized and appropriated to the use of the Government or its agents without the shadow of law, without just compensation, and in defiance of the decision of the supreme judicial tribunal of the State, and her officers of justive are openly resisted by the officers of the Confederate States. The property of the families of soldiers now under arms to sustain the Confederacy is forcibly taken from them without hesitation, and appropriated, in many cases, without compensation. In this state of things the militia are necessary to uphold the civil tribunals of the State, and will be used for that purpose whenever the proper call is made by the proper authorities. No military authority, State or Confederate, can be lawfully used for any other purpose than to uphold the civil authorities, and so much of it as the Constitution of my country has confided to my hands shall be used for that purpose whether civil society, its constitution and laws shall be invaded from without or from within. Measured by your standard this is doubtless disloyalty. Tested by mine it is high duty to my country.

Respectfully, &c.,

JOSEPH E. BROWN.

[45.]

HEADQUARTERS MILITARY DIVISION OF THE WEST,
Tuscumbia, Ala., November 15, 1864.

Major General H. COBB,

Commanding, Macon, &c.:

GENERAL: In reply to your communication of the 2nd instant,* inclosing the report of Major General G. W. Smith, relative to the operations of his command against Atlanta and his views as to further movements, General Beauregard directs me to say that the suggestions of Major-General Smith with his approval, except as to the rebuilding of the railroad toward Atlanta. With the small force under his command, he deems it best to haul supplies form the present termini of the roads. It would be much easier to increase the wagon transportation than to rebuild the railroads, and should the enemy ever make a serious advance from Atlanta it will be best that he should find the road taken up.

Respectfully, your obedient servant,

GEORGE WM. BRENT,

Colonel and Assistant Adjutant-General.

(Copy to Major-General Smith.)

[45.]

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*See VOL. XXXIX, Part III, p. 878.

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