is the intention or policy of the Government to permit to this latter class a privilege which it has time and again denied to the former. Again, paragraph X, General Orders, No. 42, Adjutant and Inspector General's Office, Richmond, April 14, 1864, may have been intended simply to revoke all special authorities theretofore given to raise troops and recruits for particular commands, and as an isolated order its intent might thus be property limited. Not so, however, when taken as one of a series of orders all tending to show the gradual development of a policy and system to be perfected and adopted. If I am mistaken in the policy of the Government and intent of existing orders, then a youth the day before he arrives at the age of seventeen years, and after he shall have been notified by the enrolling officer to appear at his office on the date of his being seventeen years of age, may be taken by his father to any of the many privileged companies occupying, temporarily at least, bombproof positions, without reference to the demands of the service or interests of the country, and thus avoid enrollment and defeat in part, at least, its object. The facts of the case which have rendered necessary the settlement of this question substantially agree, I think, with the one supposed. My order to the enrolling officer was not to permit such parties to continue in to the enrolling officer was not to permit such parties to continue in the companies thus enlisting them, but to request of the general commanding at Mobile an order for such parties to be turned by his instructions. I request the decision of the Department and its instructions.

J. M. WITHERS,

Major-General.

[Second indorsement.]

ADJUTANT-GENERAL:

There is no prohibition of law upon the enlistment of youths under seventeen when the consent of the parents is given. But the Department has never approved the practice of their enlistment, and has only allowed it upon special applications. The Department has not given to any officer the power to make such enlistments specially for general service, and would not do so except in a special case. Enlistments in particular (under such authorities) companies for general service would not be legal, and when they attain the age of seventeen the youths should be withdrawn and placed in the reserves. The Department would not regard enlistments under such authorities as legal, unless the authority contained the express provisions that such youths might be enlisted. It is contrary to the general policy.

By order:

J. A. CAMPBELL,

Assistant Secretary of War.

[Inclosure No. 1.]

ENROLLING OFFICE, MOBILE COUNTY,

Mobile, January 27, 1864.

Lieut. GEORGE WRAGG,

Adjutant, Montgomery:

LIEUTENANT: I have the honor to acknowledge the receipt of your letter of the 25th instant in regard to the enlistment of youths under seventeen years of age. According to article 1402, Army Regulations, it would appear that this class of persons had the right to join a command with the consent of their parents, but how do you get