James A. Seddon to L. Polk, April 13, 1864

Lieut. Gen. L. POLK, Commanding, &e.:

GENERAL: I have the honor to acknowledge your letter of the 31st ultimo,* and am pleased to hear that it is not your desire to interfere with the execution of the conscript law through the regular administration of the Bureau here, but that you seek only that the military police of your department shall be administered by yourself. To this, of course, no objection can be entertained. The Conscript Bureau may, indeed, give, as it has been directed to do, valuable aid in returning or notifying the presence of deserters and stragglers to the commanding general; but he certainly has the power and is at liberty to employ any portion of his command in the arrest of deserters and stragglers. No special organization for such purpose can or ought, however, to be formed by him which shall be composed of conscripts, or which will prevent the regular organization under the terms of the late law of the local reserve forces. When such reserves shall have been, as they are now being, enrolled and organized, companies of them, to such extent as may be necessary, are liable to be called out under the authority of the President, to be assigned to such duties.

It is the contemplation of the President to assign for each State some officer of rank, at least of brigadier-general, who shall be charged with the duty of organizing the local reserves and directing the calls for their services when needed. Such officer within the limits of your department will probably be placed by the President under your general direction, and through him the companies of local reserves can doubtless be commanded by you for police purposes.

*See Series I, Vol. XXXII; Part ILI, p. 7238.

I do not see how otherwise such companies as you desire can be legally provided, as the class of exempts strictly will be entirely inadequate to afford material for new organizations. The law, as you will recollect, places in the military service all between the ages of seventeen and fifty. Generals for the organization of the reserves have not yet been appointed, but the subject is under the consideration of the President, and will doubtless receive his early action.

Iam glad to learn that I misapprehended your meaning in supposing that you contemplated recruiting in the border country from stragglers and deserters. I concur with you fully in regard to the mischievous effects which would follow from such a course. Those mischiefs have been so vividly realized in the border counties of Virginia and Tennessee that Generals Lee and Johnston have urged earnestly that no authorities whatsoever for the recruitment of new organizations should be given, as it was almost impossible to prevent their being abused by the reception of those who had straggled or deserted. It was thought, too, that the mere hope of being able to join such organizations in process of formation tends to produce restlessness and discontent among the soldiers in the embodied armies. In deference to such opinion I have revoked all authorities heretofore granted, and am now issuing none.

The imperfect accounts which we have received from the border counties of North Alabama, Mississippi, and East Louisiana represent the evils and abuses supposed to flow from the allowance of such authorities as prevailing there to a great extent. So strong has been the impression of the President on this point that he has just requested Brigadier-General Ferguson to be sent to Mississippi and East Louisiana to organize and bring under more discipline the detached and loosely formed companies said to be in those districts. The presence and authority of that officer, acting under your command, will probably enable you to accomplish the purpose you have in view in those districts without the necessity of issuing new permits or forming additional companies. Should it be practicable to obtain such control over the disputed districts as will allow the regular enforcement of the conscript law, that course, I have no hesitation in saying, would be more satisfactory to the Department, as it would be alike more equitable and more beneficial to the service to secure the men liable to military service to the veteran rather than the new organizations. Still, if that be not practicable, I have such deference to your judgment and wishes as to sanction the formation of new companies in your department when the conscript law is not and cannot beenforced. I rely, however, on the exercise of this power with caution and due consideration for the avowed policy of the Department to prefer the regular enforcement of the conscript system.

Very respectfully, yours,