around paragraph X, General Orders, No. 42, Adjutant and Inspector General's Office, April 14, 1864? If the authority to recruit be revoked, the question arises how can any person join without passing through the enrolling office? And if they pass through the enrolling office why would they not be subject to the same regulations in being sent to camp for assignment that is required of persons over seventeen? Major-General Withers thinks, indeed asserts, that all youths who have joined commands before they were seventeen are liable to be enrolled and sent to camp for assignment when they arrive at the age of seventeen. Captain Tobin has, so I learn, 142 men in his company, whilst he is only allowed 84 men, being an artillery company. About the time of my assignment to this office I am certain that a number of young men, both under and over eighteen, joined different companies for the purpose of avoiding the enrolling officer, and I think for the purpose of selecting companies with a view of doing as little service as possible. The young men who joined Tobin's battery, and which gave rise to my first letter upon this subject, received a furlough of twenty days as soon as they joined. Captain Tobin, I am pleased to state, seems to be a very popular officer, as there appears to be a great disposition to join his command. I am somewhat at a loss to know what course to pursue in the case now at issue until the decisions of Major-General Withers and Lieutenant-Colonel Lockhart are reconciled. I do not want to take any step that I cannot sustain, and I therefore submit the case again to the commandant with a view to my final action in the premises.

Very respectfully, your obedient servant,

H. G. HUMPHRIES,

Enrolling Officer.

[First indorsement.]

OFFICE COMMANDANT OF CONSCRIPTS, ALABAMA,

Montgomery, Ala., January 31, 1865.

Respectfully referred to Major-General Withers for his decision.

H. C. LOCKHART,

Lieutenant-Colonel and Commandant, Alabama.

[Second indorsement.]

HEADQUARTERS RESERVES,
Montgomery, February 4, 1865.

Respectfully returned to commandant of conscripts.

Upon what ground does the decision rest that youths under seventeen may join commands with the consent of their parents and not be liable subsequently to enrollment and assignment?

By command of Major-General Withers:

R. H. BROWNE,

Acting Assistant Adjutant-General.

[Third indorsement.]

OFFICE COMMANDANT OF CONSCRIPTS,

Montgomery, Ala., February 6, 1865.

Respectfully returned to Major-General Withers, with remarks inclosed.

H. C. LOCKHART,

Lieutenant-Colonel and Commandant.