The other thing to note is that published CS army regulations, issued annually 1861-64, all distinguish musicians as a separate category from privates and non-commissioned officers, with different enlistment standards. The regs also never acknowledged authorization for enlistment of any but “free white male persons.” Musicians, particularly, really were sort of betwixt-and-between the privates and non-coms on one side, and the personal servants on the other.

Now what I guess would be helpful is how many such enlistments of black (free and slave) cooks and musicians were recorded. Anyone? Bueller?

AN ACT for the payment of musicians in the Army not regularly enlisted.

The Congress of the Confederate States of America do enact, That whenever colored persons are employed as musicians in any regiment or company, they shall be entitled to the same pay now allowed by law to musicians regularly enlisted: Provided, That no such persons shall be so employed except by the consent of the commanding officer of the brigade to which said regiments or companies may belong.

Approved April 15, 1862.

http://ehistory.osu.edu/osu/sources/recordView.cfm?page=1059&dir=127

Unfortunately, all of my books are packed so I don’t have access to McCurry’s book and other relevant references. There were a number of steps taken in 1862 to allow for the impressment of slaves as cooks, teamsters, etc. As you know from reading the book, slave holders objected to these efforts every step of the way. If I remember correctly, a sweeping piece of legislation on impressment was passed in 1863.

“BILL [AN ACT] for the enlistment of cooks in the Army.

The Congress of the Confederate States of America do enact, That hereafter is shall be [the] duty of the captain or commanding officer of his company to enlist four cooks for the use of his company, whose duty is shall be to cook for such company-taking charge of the supplies, utensils and other things furnished thereof, and safely keep the same, subject to such rules and regulations as may be prescribed by the War Department or the colonel of the regiment to which such company may be attached:

[SEC. 2.] Be it further enacted, That the cooks so directed to be enlisted, may be white or black, free or slave persons: Provided, however, That no slave shall be so enlisted, without the written consent of his owner. And such cooks shall be enlisted as such only, and put on the muster-roll and paid at the time and place the company may or shall be paid off, $20 per month to the chief or head cook, and $15 per month for each of the assistant cooks, together with the same allowance for clothing or the same commutation thereof that may be allowed to the rank and file of the company.

Approved April 21, 1862.

http://ehistory.osu.edu/osu/sources/recordView.cfm?Content=127/1079