to employ all the military power of the Confederate States to meet the extraordinary emergencies that might arise and which were then foreshadowed. You do not deny the existence of the emergency antivipated and provided for by Congress. You simply contend that you should employ the militia instead of the President; that you should conduct some military operations rather than the President, and that Congress judged unwisely in confiding power to him rather than to yourself. In my judgment these acts of Congress bind you both as a citizen and an officer, and you one prompt, cordial, and unhesitating obedience to them.

In stating the parallel case of the conduct of the refractory Governors of Massachusetts and Connecticut in the war with Great Britain during the administration of Mr. Madison, I was aware that the former had the support of the opinion of the judges of that State, as contained in a letter addressed to him, and as cited by you. They had also the Convention, composed of delegates from those and other States. The authority of these different public officers and agencies support Your Excellency; but the judicial opinions of the supreme court of New York and of the Supreme Court of the United States as rendered in the line of their duty, in cases before them, and the general sentiment of the people and the uniform action of the authorities of loyal States afford no such support. Major-General Cobb informs the Department that he has made a satisfactory adjustment of this difficulty, and I dismiss the subject without further remark.

In the summer of 1863 it became apparent that unless the population of the different States, who were not embraced in the acts of congress of April 16 and September 27, 1862, providing for the public defense, usually termed conscription acts, were organized for service that the country would be exposed to frequent and injurious incursions from the enemy, by which it would be devastated before the means of defense could be carried to the place of invasion. A proposal for the organization was prepared and communicated to the Governors of all the States. This plan was to organize all the non-conscript population in companies under the acts of Congress to provide for the local defense or special service. These acts provided only for voluntary enlistments and an alternative, or rather an auxiliary proposition was presented to facilitate the accomplishment of this leading and promiment object. I addressed you on June 6, 1863, a letter on the subject, a telegram on the 12th, and a second letter on the 19th of the same month. The general orders of the Department, embodying its views as to the nature of these volunteer organizations and disclosing the details of the measure, were published by the Adjutant and Inspector General June 22, 1863. These orders required that those companies should be formed for service during the war; that they were not to be called into service except in cases of emergency; that they were not to be employed beyond the limits of the State; that when the emergency terminated they were to be dismissed to their homes; that service in those companies would excuse from service as militia; that those companies were preferred to militia organization; that they were to be armed by the Confederate States as far as necessary, and were to be paid by them while in service. A copy of this order is inclosed.* These views you have made from them, to defend your conduct, do not represent the views of the Department fairly.

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*General Orders, Numbers 86, June 22, 1862 (here omitted), to appear in Series IV.

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