Kanawha C H. West Va, Sept 5, 1863
Adjt General.
West Virginia.
Sir
I have the honor to acknowledge [sic] the Receipt of Special Order No 5. Dated Sept 2nd 1863. Accepting the Resignation of John Cunningham, as having been Col Commanding the 80th Regiment of the 22nd Brigade, on the 5th Division of the Virginia Militia. The above, is my understanding of said Order No 5.
Having been Commissioned Colonel of the 80th Regt Va Militia, and having respectfully requested to be relieved of any further Command of said Regiment, the undersigned respectfully suggests that he holds to no rule, of such easy virtue, as will allow one thing, to be taken for another, every thing has its proper place, and that is its place; and so with the names of men, especially in law,
The name of the Commandant of the 80th Regiment Va. M_ who asked to be relieved of said Command, is written, Andrew Cunningham, And he is decidedly of opinion that the relief afforded in Order No 5. to John Cunningham, cannot be made avaliable to Andrew Cunningham with [?] in Law or in Equity.
Hense the reason for this communication, the request Andrew Cunningham seems yet pending, Very Respectfully Sir
F. P. Peirpoint Your Obedient Servant
A.G. W. Va Andrew Cunningham
Transcription by Brandon Shuping, undergraduate student enrolled in Dr. Billy Joe Peyton's Fall 2010 "Introduction to Public History" at West Virginia State University