Ben. Allston to Orders, June 15, 1863

Lieut. Gen. E. KrrBy SMITH,

GENERAL: In answer to your inquiry as to the particulars of the dissatisfaction that existed in Colonel Phillips’ regiment, Texas Cavalry, at the time of my inspection, in reply, I have to state that I met Colonel Phillips and Captain Durant in advance of their command; they had started to come to Shreveport, to lay their respective views before the commanding general.

Upon consulting me upon the matter, I told Captain Durant—who said he represented a certain number of men and ofticers—that he was entirely in the wrong, the complaint being that Colonel Phillips had been appointed a colonel to command them, without any authority to do so, and the same regarding the other field officers, contending that they had a right to elect their officers. I examined the orders by General Magruder forming the regiment, and told Captain Durant that if General Magruder had exceeded his powers he was responsible to the War Department, and that his business, as the law was clearly not with him, was to obey.

The law referred to was that granting to all companies, battalions, and regiments the right to reorganize and elect, within a certain time, all of their officers (October 11, 1862, I think, is the time), and that his (Captain Durant’s) and the others having been at that time independent companies, and being thrown subsequently into a regimental organization, it was to be presumed that General Magruder had the authority to do so, and, if to do so, to appoint the field officers, for which exercise of authority he was responsible solely to his superiors, having infringed clearly upon no rights of theirs.

The captain professed himself satisfied with my decision, and signified his intention to abide therein.

The command crossed the Sabine, and were inspected by me in Louisiana, and I left them in, as I thought better condition, as to discip- line and satisfaction, than what they had been represented to me as having been.

No outrage at all was committed upon the person or property of the colonel that I heard of.

The colonel told me that the whole trouble, he thought, had arisen from a few ambitious and dissatisfied officers; that the men were easily enough «managed.

When I left him, I apprehended no further trouble to him from these causes.

I have the honor to remain, general, very respectfully, your obedient