Description:

JAMES E. B. STUART
(1833 - 1864) Confederate major general of cavalry who circled McClellan's army twice, was late to the battle of Gettysburg, and in 1864 was mortally wounded at Yellow Tavern. Lengthy and rare war date A.E.S. "Hdqrs Cav. Div. A.N.V." on an oblong 4to. sheet, Aug. 15, 1863 together with other endorsements concerning the issue of an unauthorized substitute. Stuart writes, in full: "Respectfully forwarded. It is believed that this substitution is invalid as it does not appear that the substitute is exempt from military duty. He could not be a legal substitute unless a citizen of the Confed. States, and if a citizen, the fact that he is a refugee from Pa does not exempt him from conscription. Nothing is said of the age of the substitute. It is therefore presumed that he is not over 45 years of age. Respectfully recommend that Gibson be ordered back to his company." Additionally endorsed by Adjutant W. H. Taylor who notes that the substitute is "clearly illegal." The matter was later submitted to the Secretary of War and signed by Confederate officials H. L. CLAY and J. A. CAMPBELL who cite Order No. 47 in which "unnaturalized foreigners" are not permitted to serve as substitutes. The case was then submitted to the Chief of the Bureau of Conscription and signed by 1st Lieutenant Goldthwaite. Samuel Gibson was ultimately ordered to return to duty. Usual folds, else fine condition.

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December 16, 2010 11:00 AM EST
Stamford, CT, US

Alexander Historical Auctions LLC

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