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regiment by colonel Where, in the case before US. the second battalion for the major 10 commands or the baitaions, of fee companies each for the col ouel Should he commissions for all the field officers be issued the inevitable result would be that he randing General of the Department making the requ siton who has the entire control it, would dismiss from service the colonel and major, as supernumefa- ries further assume as a eofrecposition, that after acommaBd IS organized my battalion has been and sent beyond the limits of the Sate into the service Of inc United States, the poeT of the Executive of the State 10 control that command in any manner ceases absolutely, except simply for the purpose of issuing commissions as the agent of the United States. To create then, higher grade than lieutenant colonel in my command, IS not in the power of the Governor of Arkansas. This will be regulated under the direction of the commanding General, when sufficient number of companies or batalfons are mustered into servce- the elections held according to the laws of the State and the Governor, when notified of the fact by the Gen. eral making the requison the agent oi inc law will issue ihe commissions. 4 military commander cannot properly act under the orders oft powers at the sime. Nj command now constitutes part of the gar sison at Fort Towson, beyond the mls ot Arkansas, under the immediate orders of I Gol. fose of the Sd infantry, and is reported saeh the proper depart ssenS consequently the command of inc Governor of Arkansas has ceased He has now become only the instrument 10 issue commissions when the proper off cer of the army informs him of the name rank, &Jc. of those to be commissioned. For these reasons, and many others which might be gwen, contend that It would not be act fproprtely in your Exceency to issue commissions upon the unprecedented returns mentioned above. would further state in justice to the officers engaged in it, that the vote of their respect i've companies was taken without producing any disor der in camp-otherwise l should have promptly caused all concerned 10 be arrested, and to answer for i offence. Up to the 5h hinstant when turned over the command temporarily 10 the senior captain, and uroughed myself the highest degree of order and subordinalion ever known perhaps among volunteers similarly situated, prevailed. 1 trust that no act of your Excelency will have tendency to increase any little irregularities which fear may arise during my absence.

 have troubled your Excellency with this natter, because the distance to the General in command and the time which would require to have regularly n yestigated. might prove runons to little army, in whose prosperity feel deep interest, well for its own as for the character of the State. I would be pleased further to explain any difficulty which might present itself to your Excelency. ll

 Very respectfully. #l

 Your Excelency's obt. serv't,

 A. FOWLER, It. Coll 1 His Excellency JAMES g. CONWAY, k1

 Governor of Arkansas. 5E 