Today in History:

1122 Series IV Volume III- Serial 129 - Correspondence, Orders, Reports and Returns of the Confederate Authorities from January 1, 1864, to the End

Page 1122 CORRESPONDENCE, ETC.

forces to perform this duty were adopted as is employed in other branches of the service, and a thorough organization effected, I think the work would be done. If the States can be induced to require their civil officers to aid, and all Government agents and employes also, it wouold serve a good purpose. I think that what is required is the adoption of a plan which will make the reserves understand and feel that they are engaged in military duty and liable to military punishment for its neglect.

Very respectfully, your obedient servant,

R. E. LEE,

General.

[Sub-inclosure.]

BUREAU OF CONSCRIPTION,

Richmond, February 20, 1865.

General ROBERT E. LEE,

Commander-in-Chief of the Confederate States:

GENERAL: I will attempt to express in the fewest possible words the views I ventured to suggest this morning concerning the cure and prevention of desertion and absenteeism from the Army. I may have failed to make myself understood, for I am uncontrollably diffident in counsel where neither by rank nor ability can I claim equality. Expedients of partial effect might be suggested, and experiments that would scarcely amount to palliatives of the evil might be tried under the auspices of those ignorant of the magnitude and difficulty of the work required to catch and return from an area of 300,000 square miles over 100,000 criminals shielded by a sympathizing population. They would fail.

With entire diffidence I assume that I have some comprehension of the matter, because for near three years I have devoted without remission all my tribute to the public service in this direction.

The only comprehensive and probably successful plan for the prevention of desertion and the arrest of deserters which occurs to me is the following:

The enactment by the States and the Confederate Congress of concurrent laws constituting the crime of desertion from the Confederate armies a crime by State statute to be pursued against citizens of the State as any other crime of like grade, and additionally by military courts or commissions to be established by the States for that purpose. These laws would of course imply that the civil authority should be used for arrests of absentees from the Confederate armies, just as in the prosecution of any other statute crime, and that the parties may be turned over to the special military courts, or, at discretion, by the civil authority or by those courts to the Confederate authorities, and Congress should provide that the cases may be tried by these courts.

The mutual concessions required for these laws are: First, the adoption by State statute of a crime against Confederate law; second, the authority to be given by Congress for Statcrimes against Confederate law. The provisions of the laws must, of course, cover the whole matter of the forms of proceedings, testimony, & c. One provision for the Confederate law is important, that the writ of habeas corpus be suspended in case of parties actually within the custody of the special courts.

The Confederate organization should be alike in principle and very similar in detail to that provided for in the bill reported by the


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