In tlie darkest hours of our history, the protection extended to ns byAlmighty God has been so manifest as even to be acknowledged by candid foes. Their victories have been to them as fruit turning to ashes on their lips; our defeats have been chastenings to improve us and arouse our energies. On His help and our own right arms we steadfastly rely. Counting on aid neither from the policy of neutral nations, nor from the distractions in the midst of our enemies, we look confidently forward to the day when these thirteen Confederate States will in peace and safety occupy their rightful position among the great powers of the earth.

THO. O. MOORE,

Governor of Louisiana.
V. R. LUBBOCK,
Governor of the State of Texas.
HARRIS FLANAGIN,

Governor of Arkansas.
THOS. C. REYNOLDS,
Governor of the State of Missouri.
Marshall, Tex., August 18, 1863.
[22 and 20.]

Marshall, Tex., August 20, 1863.

Hon. Williamson S. Oldham, Hon. R. W. Johnson, Chief Justice E. P. Merrick:

Gentlemen: Your recent letter, with the resolution annexed, has just been received* through the Hon. W. S. Oldham, one of the Senators from Texas. I hasten to reply before your departure to your homes. I am more than gratified at this expression of opinion by the gentlemen composing the conference, and I hope that it is the index of a patriotic trust felt by the people of the States west of the Mississippi. I earnestly desire to have the approval of the functionaries and people of these States, for my relations with them require their confidence, as well as that of the army, for the united efforts of both can alone insure complete success. I shall have but one object in view—the good of my country—and I shall exert every faculty of my mind and body that will contribute to the success of our arms and the preservation of constitutional liberty to ourselves and children. I thank you and through you the members of the conference for your cordial co-operation and the industrious and patriotic efforts you have made to sustain the department.

With sincere respect for each member of the meeting, I have the honor to be, very respectfully, your obedient servant,

ri)„ , E. KIRBY SMITH.

War Department, C. S. A., Richmond, Va., August 30, 1863. General E. K. Smith,

Commanding, <fcc.: General: Your letter of the 28th ultimo to General Cooper, having been referred to me, has been submitted to the Presidents It may be

* For resolution, see Vol. XXII, Part II, p. 1010.
tSee Vol. XXII, Part II, ]>. 949.

more satisfactory, as well as gratifying, to have his indorsement in his own words, as follows, viz:

In a recent letter to General Smith I anticipated many of the points presented. My confidence in the discretion and ability of General Smith assures me I shall have no difficulty in sustaining any assumption of authority which may be necessary. Able heads of departments should be selected and large discretion allowed.

JEFF'N DAVIS.

My own letters, too, have given full information of the powers which appeared to me the isolation of your department could compel you to assume, and likewise assurance of the confidence reposed in your judgment, fidelity, and capacity, and of the disposition felt to sustain your views and action. In this spirit I have already declined the determination of various matters which have been presented to my consideration, and have preferred referring the applicants and the subjects to your judgment. The measures adopted by you of calling out all liable to conscription between the ages of forty and forty-five is fully approved, and being in conformity with the call, those [though?] unknown to you, made by the President, will need no sanction as unauthorized on your part. In enforcing this call you will have many applications by officers thrown out of employment and others seeking position to allow the formation of new organizations. Without restricting your discretion in such instances, I wish to impress on you as the result of my experience in the Department that the better policy has been, except in very particular cases, to adhere to the letter and spirit of the law in devoting the conscript class to the recruiting of the old organizations. Should opportunity allow, there might be a fair assignment to the old regiments on this side, which must otherwise dwindle and be disbanded. Policy and justice will recommend maintaining the old organizations. Heads to any of the branches of service which are needed from here will be sent with large powers as you suggest; but I would recommend as a mode of adding to your influence, and avoiding dissatisfaction and jealousy, that as far as you have competent persons serving or resident in your department, you engage and recommend such for confirmation by the Department. You will doubtless recognize the expediency of this course, and I shall await your specific recommendations or the statements of such officers as are specially needed. With high esteem, very truly, yours,

JAMES A. SEDDON,

[22.J Secretary of War.

1 lEADQUARTBRS DEPARTMENT TBANS-MISSISSIPPI,

Hhreveport, September 12, I860.

Hon. James A. Seddon,

Secretary of War, Richmond, Va.:Sir: The permanent interruption of communication with Richmond makes it necessary that the appointing power in cases provided for by law should be delegated to the commander of this department. The authority to issue invitations to appear before medical boards, to appoint staff officers of new organizations, to accept resignations, and to fill all vacancies by appointment are clearly included within this necessity. These acting appointments should be subject to the approval of the President, and the delegation of authority to continue until communication is reopened with Richmond. I request that this matter be laid without delay before His Excellency the President. I have the honor to be, very respectfully, your most obedient servant,

E. KIIiBY SMITH, Lieutenant-General, Commanding. [First indorsement.]

October 2, 1803.

Respectfully submitted to the President.

Authority, in conformity with former suggestions of the President, has been given to issue invitations to appear before medical boards. It is now submitted to the President to determine in respect to the further authority asked.

J. A. SEDDON.
Secretary of War.

[Second indorsement.]

October 2, 1863. The power to appoint cannot be delegated. The Constitution confers it on the President only, by and with the consent of the Senate. Promotions, elections, examinations may occur and be acted on for the time, officers may be assigned to staff duty, and thus it is hoped the difficulty, recognized to the full extent described, may be practically removed. All which can be legally done will be performed by the Executive branch of the Government to diminish, if it cannot remedy, the evil.*

JEFFERSON DAVIS.

[22.)

General^ Hdqrs. Governor And Commander-in-chtef
Orders, > Of The Militia Of Arkansas,

No. 6. ) Arkadelphia, September 16, 1S63.

The militia of the counties of Clark, Hempstead, Sevier, Pike, Polk, Montgomery, La Fayette, Ouachita, Union, and Columbia are hereby called into service and ordered to march to this place at the earliest possible day. As soon as companies can be organized they will be sent forward without waiting for the balance of the regiment to which they may belong. You will mount men and compel persons evading the call to come to the rendezvous. Twelve-months' mounted volunteers will be received. There will be no exemptions, except six physicians, one druggist, millers to supply the wauts of the country, clerks, sheriffs, postmasters, and persons in the employ of the Confederate States. Persons to be exempted on account of personal disability must be manifestly incapable of duty, as the lame, blind, &c, or persons whose lives would be endangered by a month's service in camp. The commanding officer believes, with the militia of the counties of Clark. Hempstead, Sevier, Pike, Polk, Montgomery, La Fayette, Ouachita, Union, and Columbia, we can resist the Federal army. I ask that the people of Southwest Arkansas will make one effort to save their homes from desecration. They were a proud and daring people. How many now will willingly bow their necks to an invading foe! One effort such as freemen should make and the foe is driven back.

By order of H. Flanagin, Governor and commander-in-chief:

GORDON N. PEAY,

Adjutant- General.

(Copies of above order forwarded to colonels of militia in the counties named therein.)

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Kichmond, September 23,1S63.

His Excellency F. E. Lubbock,

Governor of Texas:

Dear Sib: I have the honor to acknowledge the receipt of yours of the 4th of May, in which you aunounce your patriotic purpose to join the army at the expiration of your term of office as Governor of Texas. Your example cannot fail to exercise a beneficial effect upon others less mindful of the duty they owe their country or less sensible of the vital nature of the struggle in which we are engaged. Be assured of the sincere regard and esteem which I entertain toward you, as well as of the pleasure it will afford me to manifest both. Your offer of service has been referred to the Secretary of War for attentiou, and he will communicate with you in relation to it.

With cordial wishes for your health and welfare, I remain, very respectfully and truly, yours,

JEFFERSON DAVIS.

[22.]

Arkadelphia, Ark., September 27,1863.

Hon. E. W. Johnson:

Sir: Having been informed through various sources that General Holmes had reported to you, along with many others, that I had retreated with 11,000 men from Little Bock, and to some, perhaps to you also, he has said that the enemy's force was inferior to that—this statement of the strength of my forces he has given with a minuteness consistent only with official knowledge, putting it at 11,482, which number is found on the official returns, and, as he well knew, embracing Carter's Texas regiment and McKie's squadron, then operating toward the Mississippi Eiver, and Steele's command, embracing Cooper's brigade and Cabell's brigade, then at Boggy Depot, some 200 miles distant—I inclose you an official extract from the records, showing that my strength then was 7,749, and the multiplied evidence which has accumulated since we left Little Eock but corroborated my suppositions regarding the enemy's force, which I estimated at 18,000. Since his arrival here I have reminded him of a conversation held between us while examining the defenses before Little Eock, in which he asked me what the strength of the enemy was. 1 told him "fully 18,000." When he asked how many 1 had to meet that number, I replied, "About 8,000 men," and that I was satisfied I could do so successfully if they continued their advance on that side of the river, but if they turned my position I was entirely too weak. He recollected the conversation, and acknowledged that he was wrong in his statement, thus for the third time retracting statements of a slanderous character (for they cannot be termed otherwise) regarding me; and though this retraction was made, as it was, in the presence of General Frost, Doctor Taylor, and members of his own and my staff, yet such reparation falls very far short of correcting the evil which the circulation he has given his slanders has inflicted upon the cause we are all engaged in by creating a want of confidence on the part of the troops toward their commander, by depressing the spirits of the community, by discouraging enlistments, by encouraging into activity the resistance of dormant Union men, and numberless other results which naturally follow such a course on the part of an officer occupying the high position he does. I am extremely 57 R R—VOL LIU

anxious to know from yourself what his statements to yon were, and particularly as he seems not to invite secrecy by his indulgence in them to the extent he has. You will thus confer a great favor upon me.

Since writing the above Doctor Conway, of Little Rock, brother of the ex-Governor, has just arrived from there, and states that the Federals there now are fully 30,000 strong, and that they brought with them into Little Rock when they entered 20,000 men. Mr. Smyser, of Saint Louis, well known to many here, has also just arrived from the neighborhood of Helena, and states that 8,000 Federals, including two regiments of negroes, started to re-enforce General Steele, but hearing of the evacuation of Little Rock were ordered back and returned to Helena.

I am, very respectfully, your obedient servant,

STERLING PRICE.

[22.]

Fort Brown, Tex., October 8,1803.

Capt. E. P. Turner,

Assistant Adjutant-General, Houston, Tex.: Sir: In accordance with Special Orders, No. 125, from department headquarters, dated August 31, just received, I have the honor to report my arrival here, where I shall await your instructions. I am, sir, respectfully, your obedient servant,

JAS. E. SLAUGHTER, [26.] Brigadier-General, G. S. Provisional Army.

Executive Department, Austin, October 12, 1863. Capt. Edmund P. Turner,

Assistant Adjutant-General: Captain: I am in receipt of yours of 6th,* in which I am requested by General Magruder to concentrate the Frontier Regiment and such other troops as I may have under my control at Fort Belknap to meet an expected Indian raid. It will be impossible to concentrate the regiment, occupying the very extended line it does. I shall, however, at once notify the colonel commanding to be on the alert, and be ready to throw as many of his companies lorward as can be spared. The entire frontier line is under much apprehension. Many murders have been perpetrated of late by the Indians and much property stolen. The withdrawal of the regiment from its line of defense would cause the present frontier to be entirely abandoned, thereby bringing the frontier line only nearer the more densely settled country. One great cause of the present depredations is to be found in the fact that many have moved in and brought their stock below, and the Indian is following the stock down. They will continue to follow it even into the thick settlements unless there is a sufficiency to supply their wants left on the outside settlements. I will issue a circular to the frontier people to be prepared to meet any raid that may be attempted against them. I regret to saythat I have no troops under my control. I have been endeavoring to transfer them as rapidly as organized to the Confederate service. The frontier counties are very much reduced in

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