1862 September 22 Headquarters Army of Northern Virginia near Martinsburg, Va.

                                  Headqrs Army N. Va
                                     near Martinsburg Va
                                             22 Septem 1862

Colonel
      I am directed by Genl. Lee Comdg &c
to acknowledge the receipt of your letter
of the 9th inst. and to say that while
he regrets that you find yourself
out of service, he knows of no way
to secure a command for you.  He is
of the opinion that the commission
which you originally held in the Va
service is no longer valid--the recent\
acts of Congress making the offices
in regiments &c elective, and also
providing for regular promotion,
forbids any assignment to com-
-mand even if he had the power
to make it, which he has not.
In the battn. to which you allude,
if the  commd'g officer was killed,
the next in rank would be by law
promoted to the command--He cannot
see therefore how he can meet your
wishes though he has every disposition to
do so.                         Very Res &c
                                        W.H. Taylor
                                                Maj. & Adt
Col. Ware

Josiah W. Ware, 34th Regiment, Virginia Militia

MSS 6136