WAR DEPARTMENT, C. S. A.,

Richmond, October 31, 1863.

General R. E. LEE,

Commanding, &c.:

GENERAL: I have the honor to acknowledge your letter calling my attention to the consequence resulting from paragraph 27, of Special Orders, Numbers 252, giving leaves of absence to members of Georgia Legislature. I am aware of the inconveniences that may result from the allowance of furloughs without the previous knowledge and sanction of commanding generals and allow them, even in single cases, rarely and with great reluctance. The paragraph of the special order referred to was issued, despite this objection, in deference to the urgent request of the Governor of Georgia, sanctioned by the approval of His Excellency the President, and in a spirit of conformity with what seemed the expressed sentiment of congress in the law of April 2, 1863. By that law the privilege of retiring altogether from the service was accorded to members of the Legislature; and privates so elected were directed to be actually discharged. As the greater includes the less, the privilege of temporary absence seems to be embraced fairly by the intent of this law. I am aware that the nature of the inconveniences sustained from temporary absence is different from that which may result from resignation; yet altogether they would seem the lesser evil, and if furloughs were not accorded resignations might be considered by officers as a duty. I hope this explanation will justify to your judgment the course of the Department.

Very respectfully,

JAMES A. SEDDON,

Secretary of War.

[29.]

SPECIAL ORDERS,
HDQRS. DEPT. OF NORTHERN VIRGINIA, Numbers 269.
October 31, 1863.

* * * * *

XIV. The troops of the Maryland Line, consisting of the First Battalion of Infantry, Captain Crane commanding; battalion of cavalry, Lieutenant-Colonel Brown commanding; and Baltimore Light Artillery, Captain Griffin, in pursuance of orders from the War Department, are assigned to the command of Colonel Bradley T. Johnson, who will proceed at once with these troops to Hanover Junction.

By command of General Lee:

W. H. TAYLOR,
Assistant Adjutant-General.

[29.]

WAR DEPARTMENT, C. S. A.,

Richmond, November 2, 1863.

General R. E. LEE,

Commanding, &c.:

GENERAL: I am happy again to accord in your views, as expressed in your letter of the 30th ultimo,* on the subject of punishment of deserters. I fully realize the necessity, however painful it may be, of enforcing rigidly the sentences for the repression of this grave military offense, and that considerations even of humanity demand inflexibility

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*See VOL. XXIX, Part II, p. 806.

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