Today in History:

1059 Series IV Volume III- Serial 129 - Correspondence, Orders, Reports and Returns of the Confederate Authorities from January 1, 1864, to the End

Page 1059 CONFEDERATE AUTHORITIES.

to obtain form the Legislature thereof a modification of the State laws upon the matter of impressment of slaves of such tenor and effect as may render the labor, when obtained by impressment agents in that State, available for all the military purposes of the Confederacy, as specified in the act of Congress above referred to; that is, that the time of impressment may be for twelve months; that the slaves may be used without the limits of the State when necessity may demand it, and for all the purposes enumerated in the act; that they may be subject to the control and supervision of Confederate authorities and agents, and be placed in all respects on the same footing as slaves impressed under that act in other States.

This recommendation was originally prepared under the impression that the Legislature of South Carolina was at this time in session. I have sine learned, however, that it is not, and it is feared that these suggestions cannot be carried into effect at once.

Very respectfully, you obedient servant,

J. F. GILMER,

Major-General and Chief of Engineer Bureau.

OFFICE COMMANDANT OF CONSCRIPTS, ALABAMA,

Montgomery, February 6, 1865.

Captain R. H. BROWNE,

Actg. Asst. Adjt. Gen., Hdqrs. Reserve Forces, Alabama:

CAPTAIN: I herewith return letter of H. G. Humphries, enrolling officer, Mobile County, dated 27th of January, 1865, which was returned to this office from headquarters Reserve Forces, Alabama, asking "upon what ground does the decision rest that youths under seventeen may join commands with the assent of their parents, and not be liable subsequently to enrollment and assignment. " I inclose a copy of the letter referred to by the enrolling officer, and also a copy of circular from this office, dated December 6, 1864, touching the same subject. The acts of Congress and orders predicated thereon have uniformly permitted parties liable to conscription to volunteer previous to enrollment under certain restrictions. The law and orders nowhere prohibit the enlistment of persons not liable to conscription. Therefore, if a youth is enlisted before he becomes liable under the law, he cannot be considered liable to conscription unless he has been discharge from the command in which he was enlisted. Of course a man is not considered (in law) an enlisted man or soldier until his mane is borne upon the rolls of a legally organized company. Paragraph X, General Orders, No. 24, Adjutant and Inspector General's Office, 1864, revoked all authorities that had been given to "raise troops or to recruit for any particular command. " That paragraph is understood as having reference alone to special authority that had been given to certain officers. Such authority, for instance, as General Clanton held at one time, and such as Colonel John C. Reid proposes to hold now. Under that paragraph a man would not be protected from enrollment if enlisted by any officer raising troops for the purpose of organizing a new company. It is not, however, understood as forbidding the enlistment of exempts into old and depleted organizations. I have long entertained the policy of receiving youths under seventeen years of age into companies in the general service is pernicious, as they are often


Page 1059 CONFEDERATE AUTHORITIES.