duties of your department, as indicated by its action. The law is very plan in its requirements that impressment by officers of his army alone, and not by the general agents and officers of the Department, as you propose. This appears from the nature of the certificates required to be given by section 2 of the law and by the second section of paragraphs 2 of General Orders, 37. This fact substantiates my view what the power is intended only to meet an emergency in fact, and not for the continuous of the Army; otherwise, it would not exclude those officers especially charged with the business of the general subsistence of troops. The third section of the law confirms my opinion of the nature of the exigency, for it provides for a case where the emergency is so great as to prevent for the time an appraisement by the impressing officer, and turns over the subsequent adjustment of cases so arising to the chief of the Department and his agents. The emergency that now exists, so far as it proceeds from the operations of General Orders, 114, is entirely within the power of the Department, and while that order remains unrevoked it would operate against impressments by my authority just as much as against those of your agents. I repeat that the emergency contemplated by the law is one that proceeds from the situation of the army preventing free access to its regular and legitimate source of supplies- the stores of the Commissary Department. I foresee nothing but evil and confusion if the armies are told to take care of themselves. The supplies must be obtained by a general system under a common control, so that there may be uniformity, and the burden made to fall equally upon all. Distress, dissatisfaction, and concealment of stores must result from any other system.

I would suggest some modification in the provision forbidding the impressment of supplies intended for consumption. The causes you allude to have made our people lay by stores for much longer periods than usual. The necessities of the army render it necessary that those at home should subsist, as far as practicable, upon those articles which cannot be so well used by the troops in the field, and these facts should be considered in determining what is necessary for home consumption.

In speaking of ordering your agents, I, of course, had in mind the fact that their service were tendered by you; but, as I have said, I am not at liberty to use the impressing power when an emergency makes it lawful for me to do so, expect through the agency of the officers designated by section 2, who must belong to the army under my command.

Very respectfully, your obedient servant,

R. E. LEE,

General.

HEADQUARTERS HAMPTON'S DIVISION,
January 13, 1864.

Major McCLELLAN,

Assistant Adjutant-General:

MAJOR: I beg to call the attention of the major-general commanding to the very heavy duty entailed on the two brigades at present in keeping up the picket-line. The pickets from Gordon's brigade have now to travel 40 miles to their posts. Forage has to be carried to their posts, as none can be obtained near them, and the mere