497
Jan. 27^th
Col. John T. Croxton
4^th Ky. Vols. Infy.
Officer hospital- Nashville, Tenn.
Colonel,

Your letter to the Governor — dated 22^nd inst. was referred to this Department — with instructions.

It is impossible to discover how the appointment of an officer to a command, offers the ground for complaint to those not connected with that command. It defrauds them of no right whatever: It is not a promotion over the heads of any who are not in the line of promotion. In the case of Maj. Baldwin — to which alone you distinctly allude — The appointment was for [mer]itorious services, to a position entirely within the gift [the] Governor. To say that anyone unconnected with the 5^th[...] Cavy, could lay claim to the position, under any pretense [...] to state what never was the rule, and from the nature of the case, never can be so established. Baldwin's appointment could give offense to but one person — his second in command — and whom you would preclude from promotion- being

498
a citizen of another State. No citizen of another State has been appointed as you aver — since the accension to power of the present Administration — No citizen or Soldier of this State has received, or as you intimate, been tendered a commission, to any grade, that "has been disgracefully kicked out of" your own or any other regiment — since that time. On the contrary, none but unimpeachable recommendations can procure an appointment fromor any one.

In case of Lieut. Young — to whom you allude — he was personally known to his Excellency to be a worthy soldier. An Attempt was made to get him discharged from your regiment, to enable him to accept promotion in another. This object was defeated — for which the commanding officer of your regiment can doubtless give an adequate reason. He was there commissioned as 2^nd Lieut. so that he could resign and we [...] the intended promotion — which latter was revoked as we could hear nothing from M^r Young.

His Excellency is ever willing to rectify errors. Complaints must, however, be legitimate, and founded on reason. He will not be swerved from observance of duties by the artfulness of flattery on the one side — nor by splenetic malevolence on the other.

Respectfully,
Your obt servt,
John Boyle
Adjt Genl of Ky