John S. Preston to Robert E. Lee, 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. Expedientsof 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 State courts to try crimes 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 minority of the Special Committee on Conscription of the House of Representatives.

If it is found impracticable to apply the reserve force to this service as its chief and permanent duty, then an effort should be made to raise a permanent force for this special duty.

I believe it may be done thus: For each Congressional district one company of not less than sixty men, armed and equipped as infantry or cavalry, as the locality may demand, to be officered from the Invalid Corps or officers found unfit for field duty (the latter preferable), and to be composed of such light-duty men between seventeen and fifty years as can be properly assigned, and such robust men between sixteen and seventeen and fifty and sixty years of age as can be obtained, and enlisted for the war for this service.

I believe 100 such companies may be obtained in sixty days. A vigorous use of all this material of law and military force would probably suffice to alleviate if not to remedy fully the existing evil and render the chance of continued absence so precarious as to prevent the extensive recurrence of desertion. The plan certainly directs to the purpose the entire power of the States and the Confederacy, except the troops actually in the field. Their use for this purpose is out of the question. It is easily tried if the States and the Congress are loyal fo the extreme exigency of the country. Laws can be prepared and passed in thirty days provided they have the sanction of the President, the Secretary of War, and General Lee, and the organization may proceed pari passu.

It is expensive. If the public liberty depends on the armies and the armies depend for efficiency on the return of absentees, the expense is warranted.

There are accessories to this plan which may be used perhaps with good positive or auxiliary effect:

duty, requiring the officers in command to take the field in person and perform it.

Second. The judicious use of amnesty, even to go further than hitherto proposed.

Fourth. By general order requiring every commissioned officer not actually in the field to regard the arrest of deserters as a part of his duty, and also requiring all employés of the Government to report to the nearest authority cases known to them. This would embrace all the agents of the Quartermaster’s and Commissary Departments and all others.

in a command to which he does not belong a grave offense on the part of the officer having him.

There may be others of a temporary, local, or occasional character which may be brought into operation by the intelligence and vigilance of officers.

I think it unnecessary to discuss the inefficiency of the expedients hitherto used or proposed. ;

The one proposed by General Pillow was fully tried under auspices of the highest authority and failed almost ridiculously. Those proposed by the bill recently passed by the Senate will fail in like manner, the object of that bill being simply not to provide for the duties proposed, but to abolish the regulations organized by the Secretary of

War for the performance of those duties, and to get rid of officers offensive to the projectors of the law.

Whether or not my humble suggestions may be valuable for the public good, I am confident, general, you will give me credit for honest and unselfish zeal in making them.

I have the honor to be, most respectfully, your obedient servant,