James A. Seddon to Thomas Bragg, April 2, 1864

Hon. THOMAS BRAGG, Raleigh, N. C.:

Your letter of the 29th ultimo has been received. It is not supposed any commission is necessary to enable you to perform the duties imposed upon you under the letter of appointment already in your possession.

The Department has not issued any instructions other than those contained in General Orders, No. 31, of the 10th of March, ultimo. It desires that as little obstruction be made to the operations of the civil tribunals as is compatible with the execution of the acts of Congress relative to the organization of the Army. When a case is presented in which there is a reasonable claim for relief from the service under the law, and when there is a bona fide effort to test the validity of the claim, the Department has no desire to prevent the litigation of such a claim. Its object is to employ the power given by the act to prevent those who desire to evade the service from availing themselves of the crude opinions and injurious efforts of some judges who seem to have come to the conclusion that by diminishing the Army and obstructing the authority of Congress they are performing a public duty. The Department desires that all cases in which persons have been or may be arrested shall be examined under your directions, and that none shall be retained in custody against whom there is not a valid cause for arrest and detention. That in the cases in which the courts can render adequate security the parties charged shall be placed at their disposition and control, and that no person shall be retained in the military custody whose conduct has not fairly warranted such a detention. These cases are comparatively few, and when they are discovered a report should be made of the facts and the evidence to the Department as is provided for by General Orders, No. 31.

Very respectfully, your obedient servant,