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1119 Series IV Volume III- Serial 129 - Correspondence, Orders, Reports and Returns of the Confederate Authorities from January 1, 1864, to the End

Page 1119 CONFEDERATE AUTHORITIES.

spite of the timidity and faithlessness of many who should give tone to the popular feeling and hope to the popular heart, I am satisfied that it is in the power of the good men and true patriots of the country to reanimate the wearied spirit of our people. The incrediible sacrifices made by them in the cause will be surpassed by what they are still willing to endure in preference to abject submission, if they are not deserted by their leaders. Relying upon the sublime fortitude and devotion of my countrymen, I expect the hour of deliverance. I thank you that from a heart wrung by domestic affliction - although your bereavement was attended by all the circumstances that afford consolation to the patriot - you offer me that sympathy which I so esteem and so heartily return.

Very truly, and respectfully, yours,

JEFFERSON DAVIS.

WAR DEPARTMENT, BUREAU OF CONSCRIPTION,

Richmond, Va., March 3, 1865.

Hon. J. C. BRECKINRIDGE,

Secretary of War:

SIR: Herewith I return a letter from General Robert E. Lee, in reply to my recommendations concerning the arrest of deserters from the armies, which letter was referred by your order to this Bureau. With extreme diffidence I venture to say that in my judgment General Lee's objections are not well founded. In several States civil disabilities have been provided by law for the crime of desertion from the Confederate armies, and as we know without the slightest effect in diminishing the extent of the crime. I feel quite assured the disabilities proposed by General Lee cannot be obtained from the State. It might be a question whether the terms of the fourth paragraph, second section, first article, and the spirit of the second paragraph, third section, third article of the Constitution of the Confederate States may not be an impediment to such legislation.

The full scope of my recommendation is to bring the entire existing civil machinery of the States to bear on the matter, and in addition to that they should institute special courts for the cognizance of this particular crime, and by the constitution of those courts to provide for more speedy and rigorous proceedings than are known to the existing courts; and further, for like purposes, to allow them the discretion to transfer the cases to the army tribunals. Proper provisions for these purposes would give strictness and dispatch equal to that assumed for army courts, or at least would form most efficient adjuncts to those courts besides their effect as State institutions and as being of easy access. It is but reasonable to assume that provision would be made for placiing on these courts persons as nearly qualified for the duties as could be obtained, either from the class of civilians or ry officers unfit for field service by reason of wounds or disease. Special authority, of course, would be given to Governors to insure prompt and intelligent action.

I assume that the matter of returning deserters to the Army is one of the greatest and most pressing necessities now upon the country, the importance of which no terms can exaggerate. That there are over 100,000 deserters scattered over the Confederacy; that so common is the crime it has, in popular estimation, lost the stigma which justly pertains to it, and therefore the criminals are everywhere


Page 1119 CONFEDERATE AUTHORITIES.