Edwin M. Stanton to Howell Cobb, January 23, 1864

INOnRd: Richmond, January 23, 1864.

I. Paragraph IV, General Orders, No. 3, current series, is hereby revoked.

II. Enrolling officers will proceed as rapidly as practicable in the enrollment of all persons made liable to military service. Previous to enrollment as conscripts all such persons will be allowed to volunteer: Provided—

1. The company selected was in service on the 16th of April, 1862.

CONFEDERATE AUTHORITIES. 41

2. The company selected is at the time of volunteering below the minimum number prescribed by regulations.

3 No person made liable to service under this order will be permitted to join or will be assigned to any company which has more than sixty-four privates on the roll until all the companies in the service from the State of which the volunteer or conscript is a resident shall have the minimum number prescribed by regulations.

4. Upon the company being selected, the volunteer will receive from the enrolling officer a certificate to the effect that he has so volunteered, and no volunteer will be received in any company except on such certificate.

Ili. Persons who fail to make selection according to the provisions of this order, and at the time of enlistment, will be assigned according to existing regulations.

IV. All officers in command of companies authorized under this order to receive conscripts or volunteers will forthwith send to the commandant of conscripts of the State accurate certified rolls of their companies, and without such roll, showing that they do not exceed sixty-four privates, there will not be assigned any conscript or volunteer.

8. COOPER, Adjutant and Inspector General.

Richmond, Va., January 24, 1864. WYNDHAM ROBERTSON, Ksq., Chairman Committee on Confederate Relations, House of Delegates of Virgina:

Sir: I regret that other more pressing engagements have prevented me from sooner acknowledging your communication of the 13th instant relative to the forced withdrawal of able-bodied male slaves from localities within the lines of the enemy or exposed to their inroads. The aims which were contemplated in the proposition heretofore made by me to obtain the sanction of the Legislature of Virginia to such removal were chiefly two: First, to save such slaves to the owners and prevent the abstraction of so much productive and valuable labor from the Commonwealth; and secondly, to prevent their being seduced or compelled by the enemy to recruit his armies and increase the resources employed by them in the atrocious warfare waged against us.

In reference to the first of these ends, I am free to admit that information gathered by me from inquiries made and manifestations of sentiment in different exposed localities lead me to concur in the opinion you express as to the repugnance and apprehension entertained by owners of the effect of such proceedings upon their slave property. They should be able to form the best judgment as to the means of preserving their property, and the Department is disposed to defer to their judgment and relinquish all idea of acting with a view to the preservation of the slaves to their owners or the Commonwealth. In the second point it is evident that the contingencies may occur which would render it an imperative military duty on the part of the Government to remove, as far as its power allowed, able-bodied men who were about to be, and without such action would certainly be, placed in the Army of the enemy. Heretofore the enemy have used mainly seduction, and, except in very limited localities and those entirely within their power, have not, so far as known, drafted or forced slaves into military service. Such course has, however, been threatened, and may at any time be adopted and enforced as their settled rule of action. In such event it is presumed no objection could or would be entertained by those now most reluctant to the removal of the able-bodied male slaves. I may say, however, to remove apprehensions on the part of owners, that no present necessity of the kind is known to exist, and that in deference to the wishes and judgment entertained by the owners, as well as by the members of the State Legislature whose opinions have been declared, great reluctance will be felt in resorting to removal, and that it will be only done under such plain necessity as it is hoped will reconcile it to the judgment and interest of all. In such event, too, if cireumstances allow, previous notice will be given, so as to afford the option to owners to remove all the slave families.

Very respectfully, your obedient servant,