Eleventh and Seventeenth Regiments in the counties of Sebastian, Yell, and Perry, and north of the Arkansas River. When Colonel Griffith was ordered to report to General Hays with his Regiment (the Seventeenth), he was directed to turn over the men of the Eleventh to Colonel Logan. I cannot find any communication from General Hays claiming Colonel Logan and his command, nor can I find that any orders have been issued at these headquarters forbidding them to report to General Hays. If they belonged to the other side, they were covered by the provisions of Department Orders, Numbers 72. Certainly and the matter been referred to me by General Hays I would promptly have carried out the instructions of the War Department. The man in McCord's Regiment claimed by Colonel Griffith appeared, on examination, to belong neither to the Eleventh nor to the Seventeenth Regiment, but had been left in this department when General Hindman's troops crossed the river, and the Secretary of War had authorized General Holmes to assign them to commands.

Pursuant to instructions contained in General Cooper's letter of May 2, 1864, such men as applied for transfers to commands in this department were assigned, awaiting the action of the War Department on their applications. Upon the arrival of General Hays this system was suspended. Less than 100 assignments were made under its operations. Most of the applications have been returned from Richmond disapproved, and in every case the applicant was immediately ordered to report to Brigadier-General Hays. The only exception to the provisions of General Orders, Numbers 72, were the few assignments above referred to, made under the authority granted in General Cooper's letter of May 2, 1864. General Hays was so informed in a communication from department headquarters dated September 29, 1864, herewith inclosed, marked A. I am surprised at the complaints made by General Hays in his letter of October 3, 1864. By reference to General Orders, Numbers 72, department headquarters, it will be seen that his letter was written but a few days after the announcement of his arrival and the publication of that order, before a sufficient time had elapsed for its promulgation to the troops, and before its effects could be known. Had General Hays made to me the complaints which he did to General Brigg, in his letters numbered 3 and 4, he would have received full explanations and entire co-operation in carrying out his instructions. I believe that General Orders, Numbers 72, would effect al that was contemplated by the War Department. The inclosed copies of Department Orders, Numbers 11 and 54, of 1863, and Numbers 2, 1864,* are evidences of the efforts made by me to return absentees and deserters to their commands east of the Mississippi. In every case all the aid possible has been promptly given to officers engaged in collecting them. I have also the honor to inclose a copy of General Orders, Numbers 20 (1865),+ which was published on the receipt of the copy of the communication of General Hays, indorsed at the War Office November 26, 1864. I have been thus explicit in answering that communication, as I believe that if the facts had been fully understood at the War Department I would not have received the censure indorsed thereon. I request that this communication may be laid before His Excellency the President, by whom that indorsement was made.

I am, general, very respectfully, your obedient servant,

E. KIRBY SMITH,

General.

---------------

*Not found as inclosures, but see Vol. XXII, Part II, pp. 837 and 1068, and Vol. XXXIV, Part II, p. 851.

+See Order of March 13, p. 1422.

---------------