War of the Rebellion: Serial 040 Page 0747 Chapter XXXVII. CORRESPONDENCE,ETC.-CONFEDERATE.

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dictum of one of the three judges, and could be binding only in that particular case. What I have state concerning Yadkin, I fear, holds good elsewhere, and, unless some check is put upon it, will work great and serious injury to the cause. I would suggest that a regiment be sent to that section of the State to arrest deserters. Any effort to arrest them between here and home must be only partial at best, and, when we get on the march, totally impracticable. Unless something be done, and quickly, serious will be the result. Our regiments will waste away more rapidly than they ever have by battle.

In writing the above, I wish to be just to my State, and must say that I think that too many of the troops of other States of the Confederacy would act as ours are doing if they thought they could with safety. I am anxious that my State and her troops shall not lose the credit they have so justly earned in the war by the conduct of a few bad men.

I am, sir, very respectfully,

W. D. PENDER,

Brigadier-General.

[Indorsement.]

General Pender states to me that the men go off with their arms in squads. They can thus band together in the State with other malcontents, and produce great trouble, defy the law, &c.

R. E. LEE,

General.

RICHMOND, VA., April 23, 1863.

Major General SAMUEL JONES, Dublin, Va.:

Your dispatch of yesterday received. General Marshall being reported returning by Pound Gap, and beyond reach of the enemy, you will make such disposition of your force and transportation as your judgment shall determine.

General Lee is greatly in want of an increase of cavalry, and the President thinks that Brigadier-General Jenkins, with the regiments of his brigade, might be sent to him. Let me know by telegraph if they can be spared from your command, or, if withdrawn, whether it would materially affect any important movement you may have in contemplation.

S. COOPER,

Adjutant and Inspector General.

HEADQUARTERS DEPARTMENT OF WESTERN VIRGINIA, Dublin, April 23, 1863.

General S. COOPER,

Adjutant and Inspector General:

GENERAL: Your telegram of yesterday was received last night, and I immediately replied that I would send Brigadier-General Jenkins, with two, and perhaps three, of his regiments, to General Lee as soon as the cavalry horses can be collected.

The horses, as you are aware, were sent to a distance from the rail