Both arguments are interesting. When the law of Feb. 17, 1864, went into effect, Castleman believes that substantially less than 25,000 free men of color were available for Confederate auxillary service (Commissary, Engineer, Quartermaster Depts.) .

For what it's worth Steve Newton's study demonstates the largest numbers ever in Confederate armies are reported during the campaigns of 1864. Rather than relying on army and department grand totals, Newton uses numbers from subordinate units for his study. Monthly and quarterly reports were frequently submitted without returns for various cavalry commands, artillery battalions, infantry brigades and even whole divisions. For that reason grand totals were rarely correct.