TITLE: The war of the rebellion: a compilation of the official records of the Union and Confederate armies. / Series 4 - Volume 1 AUTHOR: United States. War Dept., John Sheldon Moody, Calvin Duvall Cowles, Frederick Caryton Ainsworth, Robert N. Scott, Henry Martyn Lazelle, George Breckenridge Davis, Leslie J. Perry, Joseph William Kirkley PUBLISHER: Govt. Print. Off., Washington, 1900 Page A Production Note Cornell University Library produced this volume to preserve the informational content of the deteriorated original. The best available copy of the original has been used to create this digital copy. It was scanned bitonally at 600 dots per inch resolution and compressed prior to storage using ITU Group 4 compression. Conversion of this material to digital files was supported by the Andrew W. Mellon Foundation. Digital file copyright by Cornell University Library 1995. This volume has been scanned as part of The Making of America Project, a cooperative endeavor undertaken to preserve and enhance access to historical material from the nineteenth century. Page B t K~ E 4~~d1: L& 57 V. I ~ ~- THEQIPTOF V.. Title Page Page R001 THE WAR OF THE REBELLION: A COMPILATtON 01? THE OFFICIAL iRECOIRDS OF THE UNION AND CONFEDERATE ARMIES. PUBLISHED UNDER THE DIRECTION OF The Hon. BLIHU ROOT, Secretary of War, BY BRIG. GEN. FRED C. AINSWORTH, CHIEF OF TIlE RECORD AND P1~xsIoN OFFICE, WAR DEPARTMENT, ANI) MR. JOSEPH W. KIRKLEY. SERIES 1VVOLUME I. XV AS HI N G TO N: GOVERNMENT PRINTING OFFICE. 1900 Page R002 A ~ Page R003 P REFACE. The work of preparing the records of the war for public use was beguii, under the resolution of Congress of May 19, 1864, by Col. E. D. Townsend, assistant adjutant-general, U. S. Army (then in charge of the Adjutant-Generals Office, and subsequently the Adjutant-General), who caused copies to be made of reports of battles on file in his office and steps to be taken to collect missing records. Under the provisions of joint resolution of July 27, 1866, Hon. Peter H. Watson was al)poilIte(l to supervise the preparation of the records and to formulate a plan for their publication, but he performed no service under this appointment, which expired July 27, 18(18, by litni- tation. This resolution having also repealed the former one, the project was suspended for the time being. The first decisive step taken wa~ the act of June 23, 1874, providing the necessary means to, enable the Secretary of War to begin the publication of the Official Records of the War of the Rebellion, both of the Union and Confederate Armies, and directing him to have col)ied for the Public Printer all reports, letters, telegrams, and gen- eral orders, not heretofore copied or printed, and properly arranged in chronological order. Appropriations have been made from time to time for continuing such preparation. Under this act the preliminary work was resumed by General Townsend. Subsequently, under meager appropriations, it was prosecuted in a somewhat desultory mauner by various subordinates of the War Department until December. 14, 1877, when the Secretary of War, perceiving that the undertaking needed the undivided attention of a single head, detailed Capt. Robert N. Scott, Third U. S. Artillery (subsequently major and lieutenant-colonel same regiment), to take charge of the office. The act of June 23, 1874, emilarged upon the first scheme of publica- tion. On this more comprehensive basis it was determined that the volumes should include not only the battle reports, correspondence, etc., in possession of the War Department, but also all official docu- ments that can be obtained by the compiler, and that appear to be of any historical value. Colonel Scott systematized the work, and ,upou his recommendation, the Secretary of War approved the following order of publication: The first series will embrace the formal reports, both Union and Confederate, of the first seizures of United States property ia the Southern States, and of all military operations in the field, with the correspondence, orders, and returns relating specially thereto, and, as proposed, is to be accompanied by an Atlas. II Page R004 Iv PREFACE. In this series the reports will be arranged according to the campaigns and several theaters of operations (in the chronological order of events), and the Union reports of any event will, as a rule, be immediately followed by the Confederate acconnts. The correspondence, etc., not cmbraced in the reports proper will follow (first Union and next Confederate) in chronological order. The second series will contain the correspondence, orders, reports, and returns, Union and Confederate, relating to prisoners of war, and (so far as the military authorities were concerned) to state or political prisoners. The third series will contain the correspondence, orders, re ports, and returns of the Union authorities (embracing their correspondence with the Confederate offi- cials) not relating specially to the subjects of the first and second series. It will set forth the annual and special reports of the Secretary of War, of the General- in-Chief, and of the chiefs of the several staff corps and departments; the calls for troops, and the correspondence between the National and the several State authorities. The fourth series will exhibit the correspondence, orders, reports, and returns of the Confederate authorities, similar to that indicated for the Union officials, as of the third series, but excluding the correspondence between the Union and Confederate authorities given in that series. The first volume of the records was issued in the early fall of 1880. The act approved June 16, 1880, provided for the printing and bind. lug, under direction of the Seereta~ry of War, of 10,000 copies of a com- pilation of the Official Records (Union and Confederate) of the War of the Rebellion, so far as the same may be ready for pul)lication, during the fiscal year; and that of said number 7,000 coI)ies shall be for the use of the House of Representatives, 2,000 copies for the use of the Senate and 1,000 copies for the use of the Executive Departments. Under this act Colonel Scott proceeded to publish the first five volumes of the records.* ~All subsectuent voinmes have been distributed under the act approved August 7, 1882, which provides that: The volumes of the Official Records of the War of the Retellion shall be dis- tributed as follows: One thonsand copies to the Executive Departments, as now provided by law. One thonsand copies for distribution by the Secretary of War among officers of the Army and contributors to the work. Eight thousand three hundred copies shall be sent by the Secretary of War to such libraries, organiza- tions, and individuals as may be designated by the Senators, Representatives, and Delegates of the Forty-seventh Congress. Each Senator shall designate not exceed- ing twenty-six, and each Representative and Deiegate~ not exceedin,, twenty-one, of such addresses, and the volumes shall be sent thereto from time to time as they are published, until the publication is completed. Senators, Representatives, and Dele- gates shall inform, the Secretary of War in each case how many volumes of those heretofore published they have forwarded to such addresses. The remaining copies of the eleven thousand to be published, and all sets that may not be ordered to be distributed as provided herein, shall be sold by the Secretary of War for cost of publication with ten per cent. added thereto, and the proceeds of such sale shall be covered into the Treasury. If two or more sets of said volumes are ordered to the same address, the Secretary of War shall inform the Senators, Representatives, or Delegates who have designated the same, who thereupon may designate other libraries, organizations, or individuals. The Secretary of War shall report to the first session of the Forty-eighth Congress what volumes of the series heretofore published have not been furiiished to such libraries, organizations, and individuals. lie shall also inform distributees at whose instance ilie volumes are sent Page R005 V PREFACE. Colonel Scott died March 5, 1887. At his death some twenty-six books only had been issued, but he had compiled a large amount of matter for forthcoming volumes; consequently his name as compiler was retained in all the books up to and including Vol. XXXVI, although his successors had added largely to his compilations from new material found after his demise. The Secretary of War, May 7, 1887, assigned Lieut. Col. II. M. Laze1k~, Twenty-third U. S. Infantry, to ditty as the successor of Colonel Scott. He had continued in charge about two years, when, in the act approved March 2, 1889, it was provided That hereafter the ~)reparation and publication of said records shall be conducted, under the Secretary of War, by a board of three persons, one of whom shall be an officer of the Army, and two civilian experts, to be appointed by the Secretary of War, the compensation of said civilian experts to be fixed by the Secretary of War. The Secretary of War appointed Maj. George B. Davis, judge-advo- cate, U. S. Ar my, as the military member, and Leslie J. Perry, of Kan- sas, and Joseph W. Kirkley, of Maryland, as the civilian expert mein- bers of said board. The board assumed direction of the publication at the commencement of the fiscal year 1889, its first work beginning with Serial No. 36 of Vol. XXIXT. July 1, 1895, by direction of the Secretary of War, Maj. George W. Davis, Eleventh U. S. Infantry (subsequently lieutenant-colonel Four- teenth IT. S. Infantry), relieved I~laj. George B. Davis as the military member and president of the Board of Publication. Subsequently Col. Fred C. Ainsworth, Chief of the Record and Pension Office, War Department, was appointed the military member and president of the board, relieving Lient. Col. George W. l)avis June 1, 1898. December 1, 1898, under the provision of the sundry civil act of July 1, 1898, relative to the War Records Office, the Board of Publica- tion was dissolved, whereupon, by direction of the Secretary of War, the continuance of the work, beginning with Vol. VI, Series II, devolved on Colonel (now Brigadier-General) Ainsworth. By operation of law (contained in An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1900, approved February 24,1899), the War Records Office was merged into the Record and Pension Office, July 1, 1899, and since that date the work of publication has been conducted under the supervision of the chief of that office. Each volume includes a copious index, and for the further conven- mence of investigators there will be, in addition, a separate general index to the entire set. Nothing is printed in these volumes except duly authenticated con- temporaneous records of the war. The scope of the compiler~s work is to decide upon and arrange the matter to be published; to correct and verify the orthography of the papers used, and, wli~rever deemed neces- sary, to add a foot-note of explanation Page R006 Table of Contents Page R007 CONTENTS. Pa~e. Correspondence, Orders, etc., from December 20, 1860, to June 30, 1862 11176 v Page R008 z 0 0 Sua(lay. NIulIdIly. 01lSS-~01 USS-S-~ ~ US~~ lSUSI- 01U.S~-~ SII lSL~Si- lSl~I i~-i- z~-~-~ s- tiiesday. ~I-101010101USQl. l0USVl01U~ ll~.10101-~l010101. 0101010110. 01011-il-. 011--I 001011010 0110101.11 01101001 10101-10101 1001 ~ ~ 01: ~ ~~0101: 100101 101501 110- 01101 Wediiesdiiy. ~ 0~01~: ~ ~01~: ~~01: ~1001: -5- iso- ISIS- . ~ Thursday. -iris- tori- con-- ~ tori- ~o~-- to . rsco- Friday. 5-101010110101-10101- 01011lI--- 010101010101010150- 01101001. 0101.I--i 01il-1001- 01101501- 101501011-. 1011- 1-011il- 0 01015-01- 0101011010 101001 . 10011- 1010010101 I--.1011.1 (1 0 0 0 ISIS . 01105 101-SI- 1010 . l-S-01 1.5105- 011001 1001.- 10101- 51l.5-I- 105- 10101- 5-1010101 101-501015-- 0101coil 011.I-1. 011-10110150115U.501- 011I--I- 01 00101 I-0101- :1010105- Sunday. Monday. *4. . ~S 101 . 0110- 1001- 1010 . 1.50101 101001 101-SI- U55 10-l- . 10101- : Tuesday 015.1011010 1-t0101il:5-1 0111- 01 0101011010. 01101001- 101-S1-10101 il-0101011010101 10100101 015- 1-1 0111- 010111-01 :10101- ~ 101001 100101 101.51~1 . 011-501 . rSs- I-SI-SI 5-It-Sco . USI01~I101-1- 151.501 Wednesday. 0110151-I. 10r.S1-10101- 1-~l0101. 5-1010101- 011-5011010- 01010111- 0111.i- 010101011-5- 01101.S01 0110101-1- 101.51-1015- 1-01015-- 10 011001 10-1-- 1010 01101I- . 1001 1.51-5-- 1.5 101.55- 1010- - 1.11.501 Thursday. 5-1010101. 010101101-5- 01010111-. 01015I-I- I11-5-10101- 0110101-110101-10i01- 5-10101- 1010101 1010101- 010101101.-S - 0110011- - 100101 1.51.501 - 1001-- 101-Si- 01101- - rS0101 - 101001 1-SUSi- - 01100101 0110101-1 -5-5-1- 015-010101- 0110101-1- 10101-10101- 01010111-- 01010101010101101-5- 51-11-- 01~.1--t 010111-01- l-il--01 01 11 riday. 1.1.501 . 1010-- - I-Si- 101001 . 011-S01 ISi- 101001 50100101 - 1.5.01) 101.501 - ri - 101--- Saturday. 1010101- 101.5010101. 1-101015... 1010101. 0101011010 01101001- 0101 II11-10101- 01101001- 101.51-10171- 100101- 0101.5- cJ Additions and Corrections Page A001 THE. WAR OF THE REBELLION: A COMPILATION OF THE OFFICIAL 1RECO1RD~ OF THE UNION AND CONFEDERATE ARMIES. ADDITIONS AND CORRECTIONS TO SERIES IV -VOLUME I. (To be inserted in the volnme. For explanation see General Index voinme, Serial No. 130, page XXVIII.) PUBLISHED UNDER THE DIRECTION OF The Hon. ELIHU ROOT, Secretary of War, BY BRIG. GEN. FRED C. AINSWORTH, CaLx.r OF THE RECORD AND PENSION OFFICE, WAR DEPARTMENT, AND MR. JOSEPH W. KIRKLEY. lYir. JOUN S. lYIGODEY, Indexer. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1902 Page A002 ADDITiONS AND CORRECTIONS. 2 TEXT. Page 207. Ninth line, top, insert after assent! the word to. INDEX. Insert all words and figures in italics and strike out all in [brackets]. Alabama Troops (C.). InfantryBattalions: Conoleys [4th]. Barham [Barkbam], R. 0. Bonaparte, Charles L. N, 1091. [Bowlegs, Billy (Indian), 523.] Chapman, Alfred B. Chekote [Checote], Sansuel. Dnpr~, Lncins [Lucien] J. Florida, C. S. S., 1175. Griswold, Elias [Captain]. Hanckel, John [Captain]. Lamar, C. B., sr. McGehee, John C. Mentioned, 612 [McGehee, John H., 612]. Oreto, Steamer. See C. S. S. Florida [u7~]. Preston, John S. Assignments, i1o4, [iioi]. Radford, Richard [Robert] C. W. Scaife [Scbaife], James W. Sloan,~ [James] B. E. Vandivere, A. F. [Vandiven, Elder]. War Department, C. S. Correspondence: Barham [Barkbam], R. 0. Lamar, G. B., sr. Whitthorne, Washington [William] C Page 1 SERIES IV.VOL. I. CORRESPONDENCE, ORDERS, REPORTS. AND RETURNS OF THE CONFEDERATE AUTHORITIES, DECEMBER 20, 1860- JUNE 30, 1862. * AN ORDINANCE to dissolve the union between the State of South Carolina and other States united with her under the compact entitled The Constitution of the United States of America. We, the people of the State of South Carolina, in convention assemn- bled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by us in convention on the twenty- ~ird day of May, in the year of our Lord one thousand seven hun- dred and eighty-eight, whereby the Constitution of the United States of America was ratified, and also all acts and parts of acts of the 2~eneral Assembly of this State ratifying amendments of the said Constitution, are hereby repealed; and that the union now subsisting etween South Carolina and other States, under the name of the United States of America, is hereby dissolved. Done at Charleston the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty. JANUARY 2, 1861. his Excellency A. B. MoORE: SIR: In obedience to your instructions I repaired to the seat of gov- eminent of the State of Louisiana to confer with the Governor of that State and with the legislative department on the grave and important state of our political relations with the Federal Government, and the duty of the slave-holding States in the matter of their rights and honor, so menacingly involved in matters connected with the institu- tion of African slavery. Owing to the fact that the Legislature was in session only three days, and other unavoidable causes, I did not arrive at Baton Rouge until after the Legislature h~d adjcTumned. But I met many members of the legislative corps, and communicated with them and with His Excellency Governor T. 0. Moore on the purposes of my embassy, and have the pleasure to report that the legislative mind appeared fully alive to the importance and the absolute neces- sity of the action of the Southern States in resistance of that settled purpose of aggression on our constitutional and inherent natural rights by the majority of the people of the non-slave-holding States of the Federal Union, which purpose and intention has culminated in * The letters-sent books of the C. S. War Department from May23 to September 12, 1862. were never received by the U. S. authorities. This will explain the want of continuity in the letters from that office covering the period mentioned. (1) 1 R RSERIES Iv, vo~ Page 2 2 CORRESPONDENCE, ETC. the election of a man to the Presidency of the United States whose opinions and constructions of constitutional duty are wholly incom- patible with our safety in a longer union with them. In evidence of such a conclusion the Legislature of Louisiana have provided for a convention of the people to consider and take action on the matter, the election of delegates to which takes place on the 7th instant, and the convention assembles on the 23d instant. I was rejoiced to find the Governor fully up to the conclusion that the time had come when the enjoyment of peace and our rights as coequals in this con- federacy were no longer to be expected or hoped for, and that the solemn duty now devolved upon us of separating from all political connection with the States so disregarding their constitutional obli- gations, and of forming such a government as a high sense of our rights, honor, and future peace and safety shall indicate. And that, although the sense of the necessity of such a course may not yet be so nearly general and unanimons in Louisiana as in some other States, he was of the opinion that the conclusion was hourly gaining ground that there was no hope of justice or safety to us except in a separation, and that the State of Louisiana would not hesitate to co-operate with those Southern States who might prove equal to the emergency of decided action. The State of Louisiana, from the fact that the Mississippi River flows through its extent and debouches through her borders, and that the great commercial depot of that river and its tributaries is the city of New Orleans, occupies a position somewhat more complicated than any other of the Southern States, and may present some cause of delay in the consummation and execution of the purpose of a separa- tion from the Northwestern States and the adoption of a new political status. In consideration of these facts, more time may be required for reflection than might otherwise appear necessary, and as the con- vention does not assemble for some weeks, that may prevent action on the question until some time in February. As a point of policy it might be advisable for the State of Alabama to announce her intention as a foregone conclusion, a fixed fact, that on a day appointed our relations as a member of the political association known as the United States had ceased, and that Alabama, acting as a sovereign for her- self in the act of separation, was prepared to form such political relations with States having a community of interest and sympathies as to them may seem just and proper. I feel assured that by such a course of respectful delay on our part other States would more promptly respond to whatever action Alabama may take, and that there is little .or no doubt but that Louisiana will eo-operate with the States taking action, and so add dignity and importance to the move- ment which is so essential to secure the respect and recognition of foreign nations and the support of hesitating States. Should it be considered advisable by Your Excellency to communicate further with the authorities of the State of Louisiana after her convention shall have assembled, I will be in Mobile, and can receive readily by mail or telegraph any instructions you may deem it advisable to make, and I will without delay endeavor to discharge them. Trusting that the time has come when not only Alabama but the entire South will prove prepared to vindicate her honor by a fearless assertion of her rights and her determination to enjoy them, Most respectfully, your obedient servant, & c JOHN .X. WINSTON Page 3 CONFEDERATE AUTHORITIES. 3 [JANUARY 2, 1861.For Governor Brown, of Georgia, to Governors Moore, of Alabama, Perry, of Florida, Moore, of Louisiana, and Pettus, of Mississippi, in regard to occupation of Fort Pulaski and other forts, see Series I, Vol. LIII, p. 114.] KINLOCH, ALA., January 3, 1860 [1861]. Governor ANDREW B. MOORE: Mv DEAR SIR: On receipt of your letter and appointment as com- missioner from Alabama to Arkansas, I repaired at once to Little Rock and presented my credentials to the two houses, and also your letter to Governor Rector, by all of whom I was politely received. The Governor of Arkansas was every way disposed to further our views, and so were many leading and influential members of each house of the Legislature, but neither are yet ready for action, because they fear the people have not yet made up their minds to go out. The counties bordering on the Indian nationsCreeks, Cherokees, Choctaws, and Chickasaws-would hesitate greatly to vote for secession, and leave those tribes still under the influence of the Government at Washing- ton, from which they receive such large stipends and annuities. These Indians are at a spot very important, in my opinion, in this great sectional controversy, and must be assured that the South will do as well as the North before they could be induced to change their alliances and dependence. I have much on this subject to say when I get to Montgomery, which cannot well be written. The two houses passed resolutions inviting me to meet them in the representative hall and consult together as to what had best be done in this matter. When I appeared men were anxious to know what the seceding States intended to do in certain contingencies. My appointment gave me no authority to speak as to what any State would do, but I spoke freely of what, in my opinion, we ought to do. I took the ground that no State which had seceded would ever go back without full power being given to protect themselves by vote against anti-slavery projects and schemes of every kind. I took the position that the Northern people were honest and did fear the Divine displeasure, both in this world and the world to come, by reason of what they considered the national sin of slavery, and that all who agreed with me in a belief of their sin- cerity must see that we could not remain quietly in the same Govern- ment with them. Secondly, if they were dishonest hypocrites, and only lied to impose on others and make them hate us, ~d used anti- slavery arguments as mere pretexts for the purpose of uniting North- ern sentiment against us, with a view to obtain political power and sectional dominion, in that event we ought not to live with them. I desired any Unionist present to controvert either of these positions, which seemed to cover the whole ground. No one attempted either, and I said but little more. I am satisfied, from free conversations with members of all parties and with Governor Rector, that Arkan- sas, when compelled to choose, will side with the Southern States, but at present a majority would vote the Union ticket. Public sentiment is but being formed, but must take that direction. I have the honor to be, truly, & c., DAVID I9IUBI3ARD Page 4 4 CORRESPONDENCE, ETC. [JANUARY 3(?), 1861.] His Excellency A. B. MOORE, Governor of the State of Alabama: Under the authority of the commission with which you honored me I repaired to the city of Frankfort, in the State of Kentucky, on the 26th day of December last. The Legislature of that State was not in session, and no extra session had then been called by the Governor, so that I had no opportunity of conferring with the legislative depart- inent of the government. I was, however, most cordially received by the Governor, and immediately opened a consultation with His Excel- lency Beriah Magoffin, the Governor of the State of Kentucky. The nature and result of that consultation is fully disclosed by the official correspondence between us, herewith submitted for your con- sideration. On the day after my arrival the Governor issued his proclamation convening the Legislature in extra session on the 17th day of January, to take into consideration the interests of the Com- monwealth, as the same may be involved in or connected with the present distracted condition of our common country. Receive assurances of the highest consideration and esteeiu of your friend and obedient servant, S. F. HALE. [Inclosure No. 1.] FRANKFoRT, December 27, 1860. His Excellency B. MAGOFFIN, Governor of the Commonwealth of Kentucky: I have the honor of placing in your hands herewith a commission from the Governor of the State of Alabama, accrediting me as a com- missioner from that State to the sovereign State of Kentucky, to con- sult in reference to the momentous issues now pending between the Northern and Southern States of this confederacy. Although each State, as a sovereign political community, must finally determine these grave issues for itself, yet the identity of interests, sympathy, and institutions, prevailing alike in all of the slave-holding States, in the opinion of Alabama renders it proper that there should be a frank and friendly consultation by each one with her sister Southern States touching their common grievances and the measures necessary to be adopted to protect the interest, honor, and safety of their citizens. I come, then, in a spirit of fraternity, as the commissioner on the part of the State of Alabama, to confer with the authorities of this Com- monwealth in reference to the infraction of our constitutional rights, wrongs done and threatened to be done, as well as the mode and measure of redress proper to be adopted by the sovereign States aggrieved to preserve their sovereignty, vindicate their rights, and protect their citizens. In order to a clear understanding of the appro- priate remedy, it may be proper to consider the rights and duties, both of the State and citizen, under the Federal compact, as well as the wrongs done and threatened. I therefore submit for the considera- tion of Your Excellency the following propositions, which I hope will command your assent and approval: 1. The people are the source of all political power, and the primary object of all good governments is to protect the citizen in the enjoy- ment of life, liberty, and property; and whenever any form of govern- ment becomes destructive of these ends, it is the inalienable right and the duty of the people to alter or abolish it Page 5 CONFEDERATE AUTHORITIES. 5 2. The equality of all the States of this confederacy, as well as the equality of rights of all the citizens of the respective States under the Federal Constitution, is a fundamental principle in the scheme of the federal government. The union of these States under the Constitu- tion was formed to establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to her citizens and their posterity; and when it is perverted to the destruction of the equality of the States, or subtantially fails to accomplish these ends, it fails to achieve the pur- poses of its creation, and ought to be dissolved. 3. The Federal Government results from a compact entered into between separate, sovereign, and independent States, called the Con- stitution of the United States, and amendments thereto, by which these sovereign States delegated certain specific powers to be used by that Government for the common defense and general welfare of all the States and their citizens; and when these powers are abused, or used for the destruction of the rights of any State or its citizens, each State has an equal right to judge for itself as well of the violations and infractions of that instrument as of the mode and measure of redress; and if the interest or safety of her citizens demands it, may resume the powers she had delegated without let or hindrance from the Federal Government or any other power on earth. 4. Each State is bound in good faith to observe and keep on her part all the stipulations and covenants inserted for the benefit of other States in the constitutional compact (the only bond of union by which the several States are bound together), and when persistently violated by one party to the prejudice of her sister States, ceases to be obliga- tory on the States so aggrieved, and they may rightfully declare the compact broken, the union thereby formed dissolved, and stand upon their original rights as sovereign and independent political communi- ties; and further, that each citizen owes his primary allegiance to the State in which he resides, and hence it is the imperative duty of the State to protect him in the enjoyment of all his constitutional rights, and see to it that they are not denied or withheld from him with impunity by any other State or government. If the foregoing propositions correctly indic te the objects of this government, the rights and duties of the citizen, as well as the rights, powers, and duties of the State and Federal Governments under the Constitution, the next inquiry is, what rights ha ~e been denied, what wrongs have been done, or threatened to be done, of which the South- ern States or the people of the Southern States can complain? At the time of the adoption of the Federal Consfftution African slavery existed in twelve of the thirteemi States. Slaves are recognized both as property and as a basis of political power by the Federal com- pact, and special provisions are made by that instrument for their pro- tection as property. Under the influences of climate and other causes, slavery has been banished from the Northern States; the slaves them- selves have been sent to the Southern States and there sold, and their price gone into the pockets of their former owners at the North. And in the meantime African slavery has not only become one of the fixed domestic institutions of the Southern States, but forms an impor- tant element of their political power, and constitutes the most valuable species of their property, worth, according to recent estimates, not less than $4,000,000,000; forming, in fact, the basis upon which rests the prosperity and wealth of most of these States, and supplying the com- merce of the world with its richest freights, and furnishing th Page 6 6 CORRESPONDENCE, ETC. manufactories of two continents with the raw material, and their operatives with bread. It is upon this gigantic interest, this peculiar institution of the South, that the Northern States and their people have been waging an unrelenting and fanatical war for the last quarter of a century; an institution with which is bound up not only the wealth and prosperity of the Sotithern people, but their very existence as a political community. This war has beeii waged in every way that human ingenuity, urged on by fanaticism, could suggest. They attack us through their literature, in their schools, from the hustings, in their legislative halls, through the public press, and even their courts of justice forget the purity of their judicial ermine to strike down the rights of the Southern slave-holder and override every barrier which the Constitution has erected for his protection; and the sacred desk is desecrated to this unholy crusade against our lives, our property, and the constitutional rights guaranteed to us by the compact of our fathers. During all this time the Southern States have freely conceded to the Northern States and the people of those States every right secured to them by the Constitution, and an equal interest in the common territories of the Government; protected the lives and property of their citizens of every kind, when brought within Southern jurisdiction; enforced through their courts, when necessary, every law of Congress passed for the protection of Northern property, and submitted ever since the foundation of the Government, with scarcely a murmur, to the protection of their shipping, manufacturing, and commercial interests, by odious bounties, discriminating tariffs, and unjust navigation laws, passed by the Federal Government to the prejudice and injury of their own citizens. The law of Congress for the rendition of fugitive slaves, passed in pursuance of an express provision of th~ Constitution, remains almost a dead letter upon the statute book. A majority of the Northern States, through their legislative enactments, have openly nullified it, and impose heavy fines and penalties upon all persons who aid in enforcing this law, and some of those States declare the Southern slave-holder who goes within their jurisdiction to assert his legal rights under the Constitution guilty of a high crime, and affix imprisonment in the peni- tentiary as the penalty. The Federal officers who attempt to discharge their duties under the law, as well as the owner of the slave, are set upon by mobs, and are fortunate if they escape without serious injury to life or limb; and the State authorities, instead of aiding in the enforcement of this law, refuse the use of their jails, and by every means which unprincipled fanaticism can devise give countenance to the mob and aid the fugitive to escape. Thus there are annuallylarge amounts of property actually stolen away from the Southern States, harbored and protected in Northern States and by their citizens; and when a requisi- tion is made for the thief by the Governor of a Southern State upon the Executive of a Northern State, in pursuance of the express con- ditions of the Federal Constitution, he is insultingly told that the felon has committed no crime, and thus the criminal escapes, the property of the citizen is lost, the sovereignty of the State is insulted, and there is no redress, for the Federal courts have no jurisdiction to award. a mandamus to the Governor of a sovereign State to compel him to do an official executive act, and Congress, if disposed, under the Constitution has no power to afford a remedy. These are wrongs under which the Southern people have long suffered, and to which they have patiently submitted, in the hope that a returning sense of justice would prompt the people of the Northern States to discharg Page 7 CONFEDERATE AUTHORITIES. 7 their constitutional obligations and save our common country. Recent events, however, have not justified their hopes. The more daring and restless fanatics have banded themselves together, have put in practice the terrible lessons taught by the timid by making an armed incursion upon the sovereigu State of Virginia, slaughtering her citizens, for the purpose of exciting a servile insurrection among her slave population, and arming them for the destruction of their own masters. During the past summer the abolition incendiary has lit up the prairies of Texas, fired the dwellings of the inhabitants, burned down whole towns, and laid poison for her citizens, thus literally executing the terrible denunciations of fanaticism against the slave-holder, Alarm to their sleep, fire to their dwellings, and poison to their food. The same fell spirit, like an unchained demon, has for years swept over the plains of Kansas, leaving death, desolation, and ruin in its track. Nor is this the mere ebullition of a few half-crazy fanatics, as is abundantly apparent from the sympathy manifested all over the North, where, in many places, the tragic death of John Brown, the leader of the raid upon Virginia, who died upon the gallows a con- demned felon, is celebrated with public honors, and his name canon- ized as a martyr to liberty; and many, even of the more conservative papers of the Black Republican school, were accustomed to speak of his murderous attack upon the lives of the unsuspecting citizens of Virginia in a half-sneering and half-apologetic tone. And what has the Federal Government done in the meantime to protect slave prop- erty upon the common territories of the Union? Whilst a whole squadron of the American Navy is maintained on the coast of Africa at an enormous expense to enforce the execution of the laws against the slave-trade (and properly, too), and the whole Navy is kept afloat to protect the lives and property of American citizens upon the high seas, not a law has been passed by Congress or an arm raised by the Federal Government to protect the slave property of citizens from Southern States upon the soil of Kansas, the common territory and common property of the citizens of all the States, purchased alike by their common treasure, and held by the Federal Government, as declared by the Supreme Court of the United States, as the trustee for all their citizens; but, upon the contrary, a territorial govern- ment, created by Congress and supported out of the common treas- ury, under the influence and control of emigrant-aid societies and abolition emissaries, is permitted to pass laws excluding and destroy- ing all that species of property within her limits, thys ignoring on the part of the Federal Government one of the fundamental princi- ples of all good governmentsthe duty to protect the property of the citizenand wholly refusing to maintain the equal rights of the States and the citizens of the States upon their common territories. As the last and crowning act of insult and outrage upon the peo- ple of the South, the citizens of the Northern States, by overwhelm- ing majorities, on the 6th day of November last, elected Abraham Lincoln and Hannibal Hamlin President and Vice-President of the United States. Whilst it may be admitted that the mere election of any man to the Presidency is not per se a sufficient cause for a disso- lution of the Union, yet when the issues upon and circumstances under which he was elected are properly appreciated and understood, the question arises whether a due regard to the interest, honor, and safety of their citizens, in view of this and all the other antecedent wrongs and outrages, do not render it the imperative duty of th Page 8 8 CORRESPONDENCE, ETC. Southern States to resume the powers they have delegated to the Federal Government and interpose their sovereignty for the protec- tion of their citizens. What, then, are the circumstances under which and the issues upon which he was elected? His own declarations and the current history of the times but too plainly indicate he was elected by a Northern sectional vote, against the most solemn warnings and protestations of the whole South. He stands forth as the representative of the fanati- cism of the North, which, for the last quarter of a century, has been making war upon the South, her property, her civilization, her insti- tutions, and her interests; as the representative of that party which overrides all constitutional barriers, ignores the obligation of official oaths, and acknowledges allegiance to a higher law than the Consti- tution, striking down the sovereignty and equality of the States, and resting its claims to popular favor upon the one dogmathe equality of the races, white and black. It was upon this acknowledgment of allegiance to a higher law that Mr. Seward rested his claims to the Presidency in a speech made by him in Boston before the election. He is the exponent, if not the author, of the doctrine of the irrepressible conflict between freedom and slavery, and proposes that the opponents of slavery shall arrest its further expansion, and by Congressional legislation exclude it from the common territories of the Federal Go vernment, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction. He claims for free negroes the right of suf- frage and an equal voice in the Government; in a word, all the rights of citizenship, although the Federal Constitution, as construed by the highest judicial tribunal in the world, does not recognize Africans imported into this country as slaves or their descendants whether free or slavesas citizens. These were the issues presented in the last Presidential canvass and upon these the American people passed at the ballot box. Upon the principles then announced by Mr. Lincoln and his leading friends we are bound to expect his administration to be conducted. Hence it is that in high places among the Republican party the election of Mr. Lincoln is hailed not simply as a change of administration, but as the inauguration of new principles and a new theory of govern- ment, and even as the downfall of slavery. Therefore it is that the election of Mr. Lincoln cannot be regarded otherwise than a solemn declaration, on the part of a great majority of the Northern people, of hostility to the South, her property, and h~r insiMutions; nothing less than an open declaration of war, for the triumph of this new theory of government destroys the property of the South, lays waste her fields, and inaugurates all the horrors of a San Domingo servile insurrection, consigning her citizens to assassinations and her wives and daughters to ~pollution and violation to gratify the lust of half- civilized Africans. Especially is this true in the cotton-growing States, where, in many localities, the slave outnumbers the white population ten to one. If the policy of the Republicans is carried out according to the programme indicated by the lead~rs of the party, and the South sub- mits, degradation and ruin must overwhelm alike all classes of citi- zens in the Southern States. The slave-holder and non-slave-holder must ultimately share the same fate; all be degraded to a position of equality with free negroes, stand side by side with them at the polls, and fraternize in all the social relations of life, or else there will b Page 9 9 CONFEDERATE AUTHORITIES. an eternal war of races, desolating the land with blood, and utterly wasting and destroying all the resonrces of the country. Who can look upon such a picture without a shudder? What Southern man, be he slave-holder or non-slave-holder, can without indignation and horror contemplate the triumph of negro equality, and see his own sons and daughters in the not distant future associating with free negroes upon terms of political and social equality, and the white man stripped by the heaven-daring hand of fanaticism of that title to superiority over the black race which God himself has bestowed? In the Northern States, where free negroes are so few as to form no appreciable part of the community, in spite of all the legislation for their protection, they still remain a degraded caste, excluded by the ban of society from social association with all but the lowest and most degraded of the white race. But in the South, where in many places the African race largely predominates, and as a consequence the two races would be continually pressing together, amalgamation or the extermination of the one or the other would be inevitable. Can Southern men submit to such degradation and ruin? God forbid that they should. But it is said there are many constitutional conservative men at the North who sympathize with and battle for us. That is true; but they are utterly powerless, as the late Presidential election unequivocally shows, to breast the tide of fanaticism that threatens to roll over and crush us. With them it is a question of principle, and we award to them all honor for their loyalty to the Constitution of our fathers; but their defeat is not their ruin. With us it is a question of self-preservation. Our lives, our property, the safety of our homes and our hearthstones, all that men hold dear on earth, is involved in the issue. If we triumph, vindicate our rights, and main- tain our institutions, a bright and joyous future lies before us. We can clothe the world with our staple, give wings to her commerce, and supply with bread the starving operative in other lands, and at the same time preserve an institution that has done more to civilize and Christianize the heathen than all human agencies besidesau institution alike beneficial to both races, ameliorating the moral, physical, and intellectual condition of the one and giving wealth and happiness to the other. If we fail, the light of our civilization goes down in blood, our wives and our little ones will be driven from their homes by the light of our own dwellings, the dark pall of barbar- ism must soon gather over our sunny land, and the scenes of West India emancipation, with its attendant horrors and crin~es (that mon- ument of British fanaticism and folly), be re-emlacted in their own land upon a more gigantic scale. Then, is it not time we should be up and doing, like men who know their rights and dare maintain them? To whom shall the people of the Southern States look for the protection of theW rights, interests, and honor? We answer, to their own sons and their respective States. To the States, as we have seen, under our system of govern- ment, is due the primary allegiance of the citizen, and the correlative obligation of protection devolves upon the respective Statesa duty from which they cannot escape, a!id which they dare not neglect without a violation of all the bonds of fealty that hold together the citizen and the sovereign. The Northern States and their citizens have proved recreant to their obligations under the Federal Consti- tution. They have violated that compact and refused to perform their coveuants in that behalf Page 10 10 CORRESPONDENCE, ETC. The Federal Government has failed to protect the rights and prop- erty or the citizens of the South, and is about to pass into the hands of a party pledged for the destruction not only of their righLs and their property, but the equality of the States ordained by the Consti- tution, and the heaven-ordained superiority of the white over the black race. What remains, then, for the Southern States and the people of these States if they are loyal to the great principles of civil and religious liberty, sanctified by the sufferings of a seven-years war and baptized with the blood of the Revolution? Can they permit the rights of their citizens to be denied and spurned, their property spirited away, their own sovereignty violated, and themselves degraded to the position of mere dependencies instead of sovereigii States; or shall each for itself, judging of the infractions of the constitutional compact, as well as the mode and measure of redress, declare that the covenants of that sacred instrument in their behalf, and for the bene- fit of their citizens, have been willfully, deliberately, continuously, and persistently broken and violated by the other parties to the com- pact, and that they and their citizens are therefore absolved from all further obligations to keep and perform the covenants thereof; resume the powers delegated to the Federal Government, and, as sovereign States, form other relations for the protection of their citizens and the discharge of the great ends of government? The union of these States was one of fraternity as well as equality; but what fraternity now exists between the citizens of the two sections? Various religious associations, powerful in numbers and influence, have been broken asunder, and the sympathies that bound together the people of the several States at the time of the formation of the Constitution have ceased to exist, and feelings of bitterness and even hostility have sprung up in their place. How can this be reconciled and a spirit of fraternity established? Will the people of the North cease to make war upon the institution of slavery and award to it the protection guaranteed by the Constitution? The accumulated wrongs of many years, the late action of their members in Congress refusing every measure of justice to the South, as well as the experience of all the past, answers, No, never! Will the South give up the institution of slavery and consent that her citizens be stripped of their property, her civilization destroyed, the whole land laid waste by fire and sword? It is impossible. She cannot; she will not. Then why attempt longer to hold together hostile States under the stipulations of a violated Constitution? It is impossible. Disunion is inevitable. Why, then, wait longer for the consummation of a result that must come? V~fhy waste further time in expostulations and appeals to Northern States and their citi- zens, only to be met, as we have been for years past, by renewed insults and repeated injuries? Will the South be better prepared to meet the emergency when the North shall be strengthened by the admission of the new Territories of Kansas, Nebraska, Washington, Jefferson, Nevada, Idaho, Chippewa, and Arizona as non-slave-hold- ing States, as we are warned from high sources will be done within the next four years, under the administration of Mr. Lincoln? Can the true men at the North ever make a more powerful or successful rally for the preservation of our rights and the Constitution than they did in the last Presidential contest? There is nothing to inspire a hope that they can. Shall we wait nutil our enemies shall possess themselves of all the powers of the Government; until abolition judges are on.the Suprem Page 11 CONFEDERATE AUTHORITIES. 11 Court bench,~abolition collectors at every port, and abolition post- masters in every town; secret mail agents traversing the whole land, and a subsidized press established in our midst to demoralize our peo- ple? Will we be stronger then or better prepared to meet the struggle, if a struggle must come? No, verily. When that time shall come, well may our adversaries laugh at our folly and deride our impotence. The deliberate judgment of Alabama, as indicated by the joint resolutions of her General Assembly, approved February 24,1860, is that prudence, patriotism, and loyalty to all the great principles of civil liberty, incor- porated in our Constitution and consecrated by the memories of the past, demand that all the Southern States should now resume their delegated powers, maintain the rights, interests, and honor of their citizens, and vindicate their own sovereignty. And she most earnestly but respectfully invites her sister sovereign State, Kentucky, who so gallantly vindicated the sovereignty of the States in 1798, to the con- sideration of these grave and vital questions, hoping she may concur with the State of Alabama in the conclusions to which she has been driven by the impending dangers that now surround the Southern States. But if, on mature deliberation, she dissents on any point from the conclusions to which the State of Alabama has arrived, on behalf of that State I most respectfully ask a declaration by this venerable Commonwealth of her conclusions and position on all the issues dis- cussed in this communication; and Alabama most respectfully urges upon the people and authorities of Kentucky the startling truth that submission or acquiescence on the part of the Southern States at this perilous hour will enable Black Republicanism to redeem all its nefari- ous pledges and accomplish all its flagitious ends; and that hesitation or delay in their action will be misconceived and misconstrued iby their adversaries and ascribed not to that ~elevated patriotism that would sacrifice all but their honor to save the Union of their fathers, but to division and dissension among themselves and their consequent weakness; that prompt, bold, and decided action is demanded alike by prudence, patriotism, and the safety of their citizens. Permit me, in conclusion, on behalf of the State of Alabama, to express my high gratification at the cordial manner in which I have been received as her commissioner by the authorities of the State of Kentucky, as well as the profound personal gratification which, as a son of Kentucky, born and reared within her borders, I feel at the manner in which I, as the commissioner from the State of my adoption, have been received and treated by the authorities of the State of my birth. Please accept assurances of the high consideration and esteem of, Your obedient servant, & c., S. F. HALE, Commissioner from the State of Alabama. r~nc1osure No. 2.] EXECUTIVE DEPARTMENT, Jiiranlcfort, Ky., December 28, 1860. Hon. S. F. HALE, Commissioner from the State of Alabama: Your communication of the 27th instant, addressed to me by author- ity of the State of Alabama, has been attentively read. I concur with you in the opinion that the grave political issues yet pending and unde- termined between the slave-holding and non-slave-holding States of the Confederacy are of a character to render eminently proper an Page 12 12 CORRESPONDENCE, ETC. highly important a full and frank conference on the part of the South- ern members, identified, as they undoubtedly are, by a common inter- est, bound together by mutual sympathies, and with the whole social fabric resting on homogeneous institutions. And coming as you do in a spirit of fraternity, by virtue of a commission from a sister Southern State, to confer with the authorities of this State in refer- ence to the measures necessary to be adopted to protect the interests and maintain the honor and safety of the States and their citizens, I extend you a cordial welcome to Kentucky. You have not exaggerated the grievous wrongs, injuries, and indig- nities to which the slave-holding States and their citizens have long submitted with a degree of patience and forbearance justly attribu- table alone to that elevated patriotism and devotion to the Union which would lead them to sacrifice well-nigh all save honor to recover the Government to its original integrity of administration and perpetuate the Union upon the basis of equality established by the founders of the Republic. I may even add that the people of Kentucky, by reason of their geographical position and nearer proximity to those who seem so madly bent upon the destruction of our constitutional guar- antees, realize yet more fully than our friends farther south the intolerable wrongs and menacing dangers you have so elaborately recounted. Nor are you, in my opinion, more keenly alive than are the people of this State to the importance of arresting the insane cru- sade so long waged against our institutions and our society by meas- ures which shall be certainly effective. The rights of African slavery in the United States and the relations of the Federal Government to it, as an institution in the States and Territories, most assuredly demand at this time explicit definition and final recognitioii by the North. The slave-holding States ar& now impelled by the very high- est law of self-preservation to demand that this settlement should be concluded upon such a basis as shall not only conserve the institu- tion in localities where it is now recognized, but secure its expansion, under no other restrictions than those which the laws of nature may throw around it. That unnecessary conflict between free labor and slave labor, but recently inaugurated by the Republican party as an element in our political struggles, must end, and the influence of soil, of climate, and local interests left unaided and unrestricted save by constitutional limitations to control the extension of slavery over the public domain. The war upon our social institutions and their guar- anteed immunities waged through the Northern press, religions and secular, and now threatened to be conducted by aj dominant political organization through the agency of State Legislatures and the Federal Government must be ended. Our safety, our honor, and our self- preservation alike demand that our interests be placed beyond the reach of further assault. The people of Kentucky may differ variously touching the nature and theory of our complex system of government, but when called upon to pass upon these questions at the polls I think such an expres- sion would develop no material variance 01 sentiment touching the wrongs you recite and the necessity of their prompt adjustment. They fully realize the fatal result of longer forbearance, and appreciate the peril of submission at this juncture. Kentucky would leave no effort untried to preserve the union of the States upon the basis of the Con- stitution as we construe it, but Kentucky will never submit to wrong and dishonor, let resistance cost what it may. Unqualified acqui- escence in the administration of the Government upon the Chicag Page 13 CONFEDERATE AUTHORITIES. 1.3 platform, in view of the movements already inaugurated at the South and the avowed purposes of the representative men of the Republican party, would, I feel assured, receive no favor in this State. Whether her citizens shall, in the last resort, throw themselves upon the right of revolution as the inherent right of a free people never surrendered, or shall assert the doctrine of secession, can be of little practical import. When the time of action comes (and it is now fearfully near at hand) our people will be found rallied as a unit under the flag of resistance to intolerable wrong, and being thus consolidated in feeling and action, I may well forego any discussion of the abstract theories to which one party or another may hold to cover their resistance. It is true that as sovereign political communities the States must determine, each for itself, the grave issues now presented; and it may be that, when driven to the dire extremity of severing their relations with the Federal Government, formal, independent, separate State action will be proper and necessary. But resting, as do these polit- ical communities, upon a common social organization, constituting the sole object of attack and invasion, confronted by a common enemy, encompassed by a common perilin a word, involved in one common cause, it does seem to me that the mode and manner of defense and redress should be determined in a full and free conference of all the Southern States, and that their mutual safety requires full co-oper- ation in carrying out the measures there agreed upon. The source whence oppression is now to be apprehended is an organized power, a political government in operation, to which resistance, though ulti- mately successful (and I do not for a moment question the issue), might be costly and destructive. We should look these facts in the face, nor close our eyes to what we may reasonably expect to encoun- ter. I have therefore thought that a due regard to the opinions of all the slave-holding States would require that those measures which concern all alike and must ultimately involve all should be agreed upon in common convention and sustained by united action. I have before expressed the belief and confidence, and do not now totally yield the hope, that if such a convention of delegates from the slave-holding States be assembled, and, after calm deliberation, pre- sent to the political party now holding the dominance of power in the Northern States and soon to assume the reins of national power, the firm alternative of ample guarantees to all our rights and security for future immunity or resistance, our just demands would be conceded and the Union be perpetuated stronger than before. Such an issue, so presented to the Congress of the United States and to the Legislatures and people of the Northern States (and it is practicable, in abundant time before the Government has passed into othewhands~3 would come with a moral force which, if not potent to control the votes of the representative men, might produce a voice from their constituents which would influence them. But if it fail, our cause would emerge, if possible, stronger fortified by the approbation of the whole conserva- tive sentiment of the country and supported by a host of Northern friends who would prove, in the ultimate issue, most valuable allies. After such an effort every man in the slave-holding States would feel satisfied that all had been done which could be done to preserve the legacy bequeathed us by the patriots of 76 and the statesmen of 89, and the South would stand in solid, unbroken phalanx a unit. In the brief time left it seems to me impracticable to effect this object through the agency of commissioners sent to the different States. A conven- tion of authorized delegates is the true mode of bringing abou Page 14 14 CORRESPONDENCE. ETC. co-operation among the Southern States, and to that movement I would respectfully ask your attention; and through you solicit the co-operation of Alabama. There is yet another subject upon which the very highest consider- ations appeal for a united Southern expression. On the 4th of March next the Federal Government, unless contingencies now unlooked for occur, will pass into the control of the Republican party. So far as the policy of the iucoming administration is foreshadowed in the ante- cedents of the President elect, in the enunciations of its representa- tive men and the avowals of the press, it will be to ignore the acts of sovereignty thus proclaimed by Southern States, and of coercing the continuance of the Union. Its inevitable result will be civil war of the most fearful and revolting character. Now, however the people of the South may differ as to the mode and measure of redress, I take it that the fifteen slave holding States are united in opposition to such a policy, and would stand in solid column to resist the application of force by the Federal authority to coerce the seceding States. But it is of the utmost importance that before such a policy is attempted to be inaugurated the voice of the South should be heard in potential, official, and united protest. Possibly the incoming Administration would not be so dead to reason as after such an expression to persist in throwing the country into civil war, and we may therefore avert the calamity. An attempt to enforce the laws~~ by blockading two or three Southern States would be regarded as quite a different affair from a declaration of war against 13,000,000 of freemen; and if Mr. Lincoln and his advisers be made to realize that such would be the issue of the force policy, it will be abandoned. Should we not real- ize to our enemies that consequence and avert the disastrous results? But if our enemies be crazed by victory and power and madly persist in their purpose, the South will be better prepared to resist. You ask the co-operation of the Southern States in order to redress our wrongs. So do we. You have no hope of a redress in the Union. We yet look hopefully to assurances that a powerful reaction is going on at the North. You seek a remedy in secession from the Union. We wish the united action of the slave States, assembled in conven- tion within the Union. You would act separately; we unitedly. If Alabama and the other slave States would meet us in convention, say at Nashville or elsewhere, as early as the 5th day of February, I do not doubt that we would agree in forty-eight hours upon such reason- able guarantees, by way of amendment to the Constitution of the United States, as would command at least the approbation of our numerous friends in the free States, and by giving Miem time to make the question with the people there, such a reaction in public opinion might yet take place as to secure us our rights and save the Govern- ment. If the effort failed the South would be united to a man, the North divided, the horrors of civil War would be averted (if anything can avert the calamity). And if that be not possible we would be in a better position to meet the dreadful collision. By such action, too, if it failed to preserve the Government, the basis of another confed- eracy would have been agreed upon, and the new government would in this mode be launched into operation much more speedily and easily than by the action you propose. In addition to the foregoing, I have the honor to refer you to my letter of the 16th ultinmo to the editor of The Yeoman and to my letter to the Governors of the slave States, dated the 9th of IDecember, here Page 15 15 CONFEDERATE AUTHORITIES. with transmitted to you,* which, together with what I have said in this communication, embodies, with all due deference to the opinions of others, in my judgment, the principles, policy, and position which the slave States ought to maintain. The Legislature of Kentucky will assemble on the 17th of January, when the sentiment of the State will doubtless find official expression. Meantime, if the action of Alabama shall be arrested until the conference she has sought can be concluded by communication with that department of the govern- ment, I shall be pleased to transmit to the Legislature your views. I regret to have seen in the recent messages of two or three of our Southern sister States a recommendation of the passage of laws pro- hibiting the purchase by the citizens of those States of the slaves of the border slave-holding States. Such a course is not only liable to the objection so often urged by us against the abolitionists of the North of an endeavor to prohibit the slave-trade between the States, but it is likewise wanting in that fraternal feeling which should be common to States which are identified in their institutions and inter- ests. It affords me pleasure, however, to add, as an act of justice to your State, that I have seen no indication of such a purpose on the part of Alabama. It would certainly be considered an act of injus- tice for the border slave-holding States to prohibit, by their legisla- tion, the purchase of the products of the cotton-growing States, even though it be founded upon the mistaken policy of protection to their own interests. I cannot close this correspondence without again expressing to you my gratification in receiving you as the honored commissioner from your proud and chivalrous State, and at your courteous, able, dignified, and manly bearing in discharging the solenin and important duties which have been assigned to you. I have the honor to be, with sentiments of high consideration, your friend and obedient servant, B. MAGOFFIN. [Inciosure No. 3.] FRANKFORT, Ky., January 1, 1861. His Excellency B. MAGOFFIN, Governor of the Commonwealth of Kentucky: Your communication of the 28th ultimo, in reply to the communi- cation I, as the commissioner from the State of Alabama, had the honor of submitting for your consideration on the 27th, has just been placed in my hands, and shall promptly be laid before the Governor of Alabama. Be assured that the communication of Your Excellency will receive from the authorities of the State of. Alabama that full and candid consideration due as well to the magnitude of the subject discussed as the high source from which it emanates; and I doubt not that in the hour of trial Kentucky and Alabama will be found standing side by side in defense of the rights, interests, and honor of their citizens. In closing our official correspondence, permit me again to express my high appreciation of the cordial welcome extended to me as the commissioner from Alabama, as well as your many acts of courtesy and kindness to me personally during my sojourn at your capital. And accept assurances of the high consideration and esteem of your friend and obedient servant, ~. F. HALE. *Not found Page 16 16 CORRESPONDENCE, ETC. MILLEDGEVILLE, GA., January 8, 1861. His Excellency Governor JOSEPH E. BROWN, Governor of the State of Georgia: SIR: I beg leave to hand you herewith a commission from His Excellency Andrew B. Moore, Governor of the sovereign State of Alabama, and attested by the great seal of the State, under date of December 21, 1860, by which I have the honor to be constituted and appointed a commissioner to the sovereign State of Georgia, with authority to consult and advise with Your Excellency as to what is best to be done to protect the rights, interests, and honor of the slave- holding States. No duty more agreeable to my feelings could have been laid upon me at this trying hour in the history of our country than that of a delegate from Alabama, the beloved State of my adop- tion, to Georgia, the beloved and honored State of my nativity. The unnatural warfare which, in violation of the Federal compact and for a long series of years, has been unceasingly waged by the anti-slavery States upon the institutions, rights, and domestic tranquillity of the slave-holding States, has finally culminated in the election of an open and avowed enemy to our section of the Union; and the great and powerful party who have produced this result calmly awaits the 4th day of March next, when, nnder the forms of the Constitution and the laws, they will usnrp the machinery of the Federal Government and madly attempt to rule, if not to subjugate, and ruin the South. In anticipation of such a contingency and in advance of any of her sister States, the General Assembly of Alabama on the 24th day of Feb- ruary, 1860, solemnly declared that. To permit a seizure of the Federal Government by those whose unmistakable aim is to pervert its whole machinery to the destruction of a portion of its mem- bers would be an act of suicidal folly and madness almost without a parallel in history; and that the General Assembly of Alabama, representing a people loy- ally devoted to the Union of the Constitution, but scorning the Union which fanaticism would erect upon its ruins, deem it their solemn duty to provide in advance the means by which they may escape such peril and dishonor, and devise new securities for perpetuating the blessings of liberty to themselves and their posterity. In stern pursuance of this purpose the General Assembly adopted, among others, the following resolution: That upon the happening of the contingency contemplated in the foregoing pre- amble, namely, the election of a President advocating the principles and action of the party in the Northern States calling itself the Republican party, it shall be the duty of the Governor, and he is required forthwith, to issue his proclama- tion calling upon the qualified voters of this State to assemble on a Monday not more than forty days after the date of said proclamation, at the usual places of voting in their respective counties, and elect delegates to ~ convention of the State, to consider, determine, and do whatever, in the opinion of said convention, the rights, interests, and honor of the State of Alabama require to be done for their protection. And the same General Assembly, on the 25th day of February, 1860, in response to resolutions received from the State of South Carolina, inviting a conference of the Southern States, adopted these additional resolutions: 1. Resolved, That the State of Alabama, fully concurring with the State of South Carolina in affirming the right of any State to secede from the confed- eracy whenever, in her own judgment, such a step is demanded by the honor, interests, and safety of her people, is not unmindful of the fact that the assaults upon the institution of slavery and upon the rights and equality of the Southern States, rinceasingly continued with increasing violence and in new and mor Page 17 C& NFEDERATE AUTHORITIES. 17 alarming forms, may constrain her to a reluctant but early exercise of that inval- uable right. 2. Be it further resolved, That in the absence of any preparation for a sys- tematic co-operation of the Southern States in resisting the aggressions of her enemies, Alabama, acting for herself, has solemnly declared that under no cir- cumstances will she submit to the foul domination of a sectional Northern party; has provided for the call of a convention in the event of the triumph of such a faction in the approaching Presidential election, and, to maintain the position thus deliberately assumed, has appropriated the sum of $200,000 for the military contingencies which such a course may involve. 3. Be itfiLrt her resolved, Thatthe State of Alabama, having endeavored to pre- pare for the exigencies of the future, has not deemed it necessary to propose a meeting of deputies from the slave-holding States, but, anxiously desiring their co-operation in a struggle which perils all they hold most dear, hereby pledges herself to a cordial participation in any and every effort which, in her judgment, will protect the common safety, advance the common interest, and serve the common cause. In obedience to the instructions of the General Assembly, and in accordance with his own loyal heart and manly purpose, His Excellency Andrew B. Moore, Governor of Alabama, ordered an election of dele- gates by the people on the 24th day of December last. These dele- gates, 100 in number, will assemble in convention at Montgomery on Monday next, the 7th instant, and there and then will speak the sov- ereign voice of Alabama. There may be found an honest difference of opinion and judgment as to the time and mode of secession from the Federal Union, whether the State shall move at once, for herself and by herself, or await the action and co-operation of Georgia and adjoin- ing sister States who have with her a common interest, but that the convention will fully maintain the high and patriotic resolves of the General Assembly, and thus proudly vindicate the rights and honor of Alabama, I do not for a moment entertain the shadow of a doubt. Events now transpiring must, at an early date, unite all loyal sons of the South in the defense of the South. We should make haste to be ready for the conflict which is well nigh upon us. Delay is danger- ous; hesitation, weakness; opposition, treason. We honor the gal- lant State of South Carolina, which accidental and fortuitous circum- stances have placed in front of the battle, and Alabama will stand by and make common cause with her and every other State which shall assert her independence of an abolitionized Government. Ala- bama sends greetings to her mother, glorious old Georgia, the Empire State of the South, one of the immortal thirteen which suffered and endured and triumphed in the Revolution of 1776, and Alabama invokes her counsel and advice, her encouragement and co-operation. Having similar institutions, kindred sympathies, and honor alike imperiled, will not Georgia nnite with Alabama and si~ter States in throwing off the insolent despotism of the North, and in the establish- ment of a Southern confederacy, a government of homogeneous people, which shall endure through all coming time, the proudest and grand- est monument on the face of the earth? I shall proceed hence to the capital of Alabama to report the result of my interview with Your Excellency to the Governor of Alabama in time for him to lay the same before the convention on Monday next; and I shall feel grate- ful for the honor of being made the medium of bearing any commu nication which Your Excellency may be pleased to make. With high consideration, I am, Your Excellencys obedient servant, JNO. GILL SHORTER. 2 B RSERIES IV, VOL Page 18 18 CORRESPONDENCE, ETC. EXECUTIVE DEPARTMENT, 1lliilledgeville, January 5, 1861. Hon. JOHN GILL SHORTER, Uommi~sioner of the State of Alabama: DEAR SIR: On my return from Savannah this day I find your com- munication accompanying your commission from His Excellency the Governor of Alabama, which you did me the honor to send by express, but which was not received till after I had the pleasure of a private interview with you. The gallant and noble stand taken by your State in the passage of the resolutions recited in your communication, for the protection of the rights and the vindication of the honor of the State of Alabama and the other Southern States, excited the just admiration of all her Southern sisters. Alabama, in common with the other pro-slavery States, had long endured the injustice and insults of the Black Republican party of the North. That party is now triumphant, and is about to seize the reins of the Federal Gov- ernment. To this the States of the South can never submit without degradation and ultimate ruin. While Georgia may be said to be the mother of Alabama, she is proud of the noble conduct of her daughter; and will not claim to lead, but will be content to follow in the path of glory in which her offspring leads. We feel well assured that your State will. not be intimidated nor driven from her high position. While many of our most patriotic and intelligent citizens in both States have doubted the propriety of immediate secessiGn, I feel quite confident that recent developments have dispelled those doubts from the minds of most men who have, till within the last few days, honestly entertained them. Longer continuance in a union with those who use the Government only as an engine of oppression and imijustice cannot, it seems to me, be desired by any party in the Southern States. Coneiliation and harmony among ourselves are of the most vital importance. Let us, if we have differed in the past, meet each other with just forbearance, and the path of duty will, I trust, be plain to all. The Federal Gov- ernment denies the right of a sovereign State to secede from the Union, while it refuses to make any concessions or to give any guar- anties which will secure our rights in future. If we yield this right we become the subjects and the pro-slavery States the provinces of a great centralized empire, consolidated and maintained by military force. The sovereign State of South Carolina has resumed the pow- ers delegated by her to the Federal Government on account of the violation of the compact by the other contracting parties. Her right to declare herself independent is denied, and military coercion is boldly threatened. Shall we yield the right of secession and see her whipped back into the Union? Never! Since she seceded her course has been moderate and dignified. She did not occupy the most impregnable fort in her harbor, which she could have seized without the loss of a single. man, because she had pledged her faith not to do so, in consideration that the Government at Washington would make no change in the military status of the forts, but would permit all to remain as it was at the time she seceded. She kept her faith. What was the conduct of the Federal Government? Its agent who commanded Fort Moultrie violated the pledge given by his Gov- ernment. The Government disavows his conduct, but refuses to keep its faith by remanding him to his original position. The result will probably be the loss of much of the best blood in South Carolin Page 19 CONFEDERATE AUTHORITIES. 19 before the fort can be taken. In my opinion, other Southern States should not be deceived by trusting to such a government in future. In view of the threats of coercion which are made by Northern Senators and Representatives, and the probabilities that the like policy now meets with the sanction of a majority of the Cabinet, the South can look in future only to her own strength~ the justice of her cause, and the protection of the Almighty Ruler of the Universe for her safety and independence. Prompted by these considerations, I have seized and occupied Fort Pulaski, the stronghold in this State, with a sufficient number of troops and other ample provision to secure it against successful assault. Till the convention of this State has acted and decided the question of Georgias future dependence or independence, I shall hold the fort at all hazards, and by force if nec- essary. I am glad to learn by a telegram just received from His Excel- lency the Governor of your State that he has taken the same precau- tions for the protection of the people of Alabama against the assaults of our common enemy, and I sincerely trust the Executive of each and every Southern State in the Union will at once adopt the same policy, and let us all co-operate in a common defense. So far as the returns have been received at this office they indicate beyond a doubt that the people of Georgia have determined by an overwhelming majority to secede from the Union so soon as our convention meets and has time to consummate this important step, which can alone preserve the honor, the rights, and the dignity of this State in the future. I trust that Alabama will not hesitate, but will act promptly and independently, relying, as I know she may, upon the cordial co- operation of Georgia in every hour of trial. The people of the pro- slavery States have common institutions, common interests, common sympathies, and a common destiny. Let each State, as soon as its convention meets, secede promptly from the Union, and let all then unite upon a common platform, co-operate together, and form a more perfect union. Our cause is just, and I doubt not, should we be attacked, that the God of Battles will protect the right and drive far from us the scattered hosts of an invading foe. I regret the necessity which compels me to prepare this response in so short a period. I have no time to revise it. You will please say to His Excellency Governor Moore that it will afford me much pleasure to receive intelligence at the earliest moment after the convention has placed Alabama in the high position which Georgia, by a. vote of her people, has determined to occupy so soon as her convention has time to assem- ble and deliberate. I am, very truly, your obedient servant, JOSEPH E. BROWN. His Excellency A. B. MOORE: MONTGOMERY, January 5, 1861. SIR: I was honored by Your Excellency with the appointment of commissioner to the State of South Carolina to confer with her Gov- ernor and her convention, about to assemble on the 17th of December last, on the political condition of the slave-holding States of the Union in the present crisis. The principal object of my mission was for con- sultation with that State, through her Governor and convention, by a full and free interchange of opinion as to the best course to be pursued, in view of the dangers impending over the southern states, to aver Page 20 20 CORRESPONDENCE, ETC. those dangers and to unite those States in a common union in aeiense of their rights. I left this place on the 13th of December last, and arrived in Columbia, the place of meeting of the South Carolina con- vention, and where the Legislature was still in session, on the 14th, about S p. m. The lateness of the hour of my arrival prevented my calling upon the Governor on that evening. My arrival had been expected, and immediately on reaching my hotel I was called on by numerous persons, members of the Legislature and others, who were filled with the deepest anxiety to ascertain the feeling of this State, and who were greatly cheered by the intelligence I felt authorized to communicate. On the morning of the 15th I waited on the Governor at his house and presented niy credentials. I was warmly received by him, who entered into a full and frank communication on the objects of my mission, the state of public sentiment in South Carolina and other slave-holding States, with the Governors of several of which he had been in correspondence, and also in the preparation which South Carolina had made and was making to maintain her sovereignty and independence, if on her secession from the Union the Federal Gov- ernment should attempt to coerce her back into the Union by force. From the moment of my arrival I was in constant communication with members of the Legislature and other distinguished men in that State and with most of the delegates to the convention as they arrived, and sought a full consultation and interchange of opinion on the mat- ters with which I was charged. On the 15th of December the lion. Mr. Hooker, the commissioner from the State of Mississippi to South Caro- lina, arrived in Columbia, charged with the same objects of consulta- tion as myself, with whom I freely conferred on the nature of our mission. The result of all the information thus obtained confirmed the opinion entertained by me before I left this place, and in which I was pleased to find that Your ExcellAncy concurred. That opinion was that the only course to unite the Southern States in any plan of co-operation which could promise safety was for South Carolina to take the lead and secede at once from the Federal Union without delay or hesitation, and that any other plan would prevent co-operation for submission and not for resistance; that the only effective plan of resistamice by co-operation must ensue after one State had seceded and presented the issue, when the plain question must be presented to the other Southern States whether they would stand by the seceding State engaged in a common cause or abandon her to the fate of coercion by the arms of the Government of the United States. In this opinion Mr. Hooker also concurred, and on all proper occasions I expressed it not only as my own but as the opinion of Your Excellency. The convention was organized on the 17th of December, and on that night Mr. Hooker and myself were invited by it to address that body, which we did. In my speech I announced to the convention the char- acter in which I appeared before it and the objects for which I had been sent, and in substance told the convention what I had previously said to the members individually, announcing as my opinion, as sup- ported by that of Your Excellency, that Alabama, through her con- vention, would unquestionably follow the great example set by South Carolina, and that there would be a large majority in our convention in favor of the secession of our State. Mr. hooker expressed the same opinion, and gave the convention assurances of a large majority in Mississippi in favor of her secession. On the day of its organization the convention adopted a resolution that the State. of South Carolina forthwith secede from the Federal Union, which passed unanimously, and appointed a committee to draft and prepare an ordinance o Page 21 CONFEDERATE AUTHORITIES. 21 secession, and then adjourned to Charleston, to meet the next day at 4p. m. I regret that I cannot furnish Your Excellency with a copy of this resolution; but on application to the clerk of the convention in Charleston for a copy I was informed by him that owing to the haste in which the convention had removed from Columbia some of the papers were mislaid, and this among them, and none of the proceed- ings of the first day had been or could be at the time printed. I left Columbia on the 18th at 2 p. in. and reached Charleston about lOp. m. No measures of importance were adopted by the convention until the 20th of December, when the ordinance of secession was reported by the committee and adopted unanimously, as follows: AN ORDINANCE to dissolve the union between the State of South Carolina and other States united with her under the compact entitled The Constitution of the United States of America. We, the people of the State of South Carolina, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by us in convention on the 23d day of May, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and also all acts and parts of acts of the General Assembly of this State ratifying amendments of the said Constitution, are hereby repealed; and that the union now subsisting between South Carolina and other States, under the name of the United States of America, is hereby dissolved. And on its passage the following resolution was adopted: Resolved, That th~ ordinance be engrossed, under the direction of the attorney- general and the solicitors, upon parchment, and signed by the president and mem- bers of the convention at the Institute Hall, in the alphabetical order of election districts, and be deposited in the archives of the State. At 7 p. m. on the same day the ordinance, engrossed on parchment, with the great seal of the State attached, was signed by the president and every member of the convention. Many questions were submitted to the convention, on which no definite action has been taken that I am aware of. I have authentic information that the convention passed the following ordinances and resolutions: First, one to alter the constitution of the State of South Carolina in respect to the oath of office; second, one, the appointment of com- missioners to Washington; third, one to make provisional arrange- ments for the continuance of commercial facilities in South Carolina; fourth, one vesting in the General Assembly of the State the powers lately vested in the Congress of the United States; fifth, one vesting in such courts as the General Assembly should direct the judicial powers heretofore delegated to the Government of the United States; sixth, one to define and punish treason against the State; seventh, one in relation to citizenship in the State. Copies of ,~tl1 which are hereto attached for the information of Your Excellency. * There were other important ordinances submitted to the convention, but I had no means of ascertaining whether they were adopted in the precise form in which they were offered, but I am satisfied they were passed either in that form or with some modification. These I attach to the reports of committees and addresses, herewith submitted. * I was in the city of Charleston when, on the night of the 26th of Decem- ber, Fort Moultrie was evacuated and Fort Sumter occupied by the Federal troops under the command of Major Anderson. The great- est indignation was aroused by this violation of the understanding between the authorities of the State and the Government of the United States. From the most reliable sources I was informed that the State and Federal authorities had mutually given a pledge that the State should make no attack or hostile demonstration against the fortresses * Not found Page 22 22 COkRESPONDI~NC~, EW. in the possession of the Government of the United States in the harbor of Charleston, and that no re-enforcements were to be sent to those fortresses by the Federal Government nor the position of the troops in those fortresses changed until the question of their occupation or surrender had been attempted to be settled by negotiation between the State and Federal authorities. While the Executive of the United States pretends to disavow the act of Major Anderson in this change of position of the troops, he sanctions the act by permitting this officer to remain in his new position. Casuists will find it difficult to distinguish between the previous order and subsequent sanction in a question of good faith. On the morning of the 21st [27th] of December, as soon as the removal of the Federal troops from the one fort to the other was known in the city, the Governor sent a dispatch to Major Anderson, asking an explanation of his conduct, which being unsatisfactory, the troops of the State were ordered at once to occupy Fort Moultrie and Castle Piuckney, which was done on the same day, and these fortresses are still in the possession of the State, and will be defended to the last extremity. From the observations made by men in South Carolina, I am satisfied that the people of that State are prepared to undergo the utmost horrors that war can bring upon a people, to have their lands ravaged and their homes made desolate, before they will submit to subjugation by the Federal Government or the forces of the abolition States. I left Charleston on the 29th of December on my return home. I was induced to this step from the fact that all the deliberations of the convention on questions of importance were had in secret, and my presence in South Carolina could be of uo further service, as I would obtain no further information than that afforded by the public prints. I cannot close this communication without mentioning the cordial and complimentary manner in which I was received by the authorities of South Carolina. The privilege of a seat on the floor of the Senate and House of Representatives and of the convention was given to me, and the hospitalities of the State tendered by resolution of both houses of the Legislature. In reply to this last courtesy, while acknowledging it in proper terms in the name of the State of Alabama, I felt constrained to decline it, but availed myself of the privileges of the seats tendered by the several bodies, except when the convention was in secret session. I reached this place on the 30th ultimo at night, and have availed myself of the occasion to make known to Your Excellency how I have discharged the duties of my appointment. With the highest considerations of respect; I am, Your Excellencys obedient servant, J. A. ELMORE. WASHINGTON, January 5, 1861. GoVernor PETTUS, Jackson, Miss.: The Governor, officers of State, and six-sevenths of the people of Delaware are cordially with Mississippi in the Southern cause. The present Legislature opposed to immediate secession. The people will demafnd a convention and Delaware will co-operate with Mississippi. HENRY DICKINSON. ALEX. R. WOOTTEN. Mr. Wootten is attorney-general of the State of Delaware. DICKINSON Page 23 23 CONFEDERATE AUTHORITIES. MONTGOMERY, ALA., January 7, 1861. His Excellency A. B. MOORE, Governor of Alabama: SIR: In pursuance of the requirements of the commission to me directed by the Governor of the State of Alabama on the 18th of December, 1860, I did forthwith repair to Jefferson City, in the State of Missouri, for the purpose of performing the duties required of me as commissioner from the State of Alabama to the State of Missouri; and my communication was immediately had with the then acting Governor of that State. I submitted to him my communication, a copy of which is herewith laid before Your Excellency, together with the reply of Governor Stewart. The Missouri Legislature was not in session and would not convene until the last day of December, 1860. Many of the members, however, of both houses, had assembled at the seat of government, and it being obvious that I could not await the organization of that body with any hope of such prompt action on its part as to enable me to be present and return here in time for the Alabama convention, an informal meeting of the members of the Senate and House of Representatives was had in the Senate chamber, after due publication, and an opportunity was afforded me of being heard by the members and the people in the hall of the House of Representatives on the 29th of December past, and after which action was had by the members, who convened in the Senate chamber and adopted a preamble and resolutions, which were handed to me and which I herewith submit to Your Excellency. I will add that so far as I could learn (and there was a free expression of opinion from the members and the people of the State of Missouri) that State was in favor of co-operation with the slave States, and in the event of a dis- solution Missouri will confederate with the South and not with the North. Missouri feels and realizes her critical situation. Being a border State, bounded north, east, and west by free-soil territory, and bounded by a slave State on the south sparsely populated, she will move with slow and cautious steps. The present Governor of Mis- souri, Hon. C. F. Jackson, is decidedly in favor of calling a State con- vention to act in the present political crisis of the country, and his views are fully foreshadowed by his letter of the of December past, as well as in his message. His letter to General Shields is alsQ here referred to. Respectfully, W. COOPER. [Inclosure No. 1.] JEFFERSON CITY, Mo., Pecember 26, 1860. His Excellency R. M. STEWART, Governor, & c.: SIR: At a late session of the Legislature of the State of Alabama, and on the 24th day of February, 1860, the Senate and House of Rep- resentatives of the State of Alabama, in General Assembly convened, adopted the following preamble and resolution, viz: Whereas, anti-slavery agitation, persistently continued in the non-slave-holding States of this Union for more than a third of a century, marked at every stage of its progress by contempt for the obligations of law and the sanctity of compacts, evincing a deadly hostility to the rights and institutions of the Southern- people and a settled purpose to effect their overthrow, even by the subversion of the Constitution and at the hazard of bloodshed; and Whereas, a sectional party calling itself Republican, committed alike by its own acts and antecedents and the public avowals and secret machinations of it Page 24 24 CORRESPONDENCE, ETC. leaders to the execution of those atrocious designs, has acquired the ascendant in every Northern State, and hopes by success in the approaching Presidential election to seize the Government itself; and Whereas, to permit such a seizure by those whose unmistakable aim is to per- vert its whole machinery to the destruction of a portion of its members would be an act of suicidal folly and madness, almost without a parallel in history; and Whereas, the General Assembly of Alabama, representing a people loyally devoted to the Union of the Constitution, but scorning the Union which fanati- cism would erect upon its ruins, deem it their solemn duty to provide in advance the means by which they may escape such peril and dishonor, and desire new securities for perpetuating the blessings of liberty to themselves and their pos- terity: Therefore, Be it resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That upon the happening of the contingency con- templated in the foregoing preamble, namely, the election of a President advo- cating the principles and actions of the party in the Northern States calling itself the Republican party, it shall be the duty of the Governor, and he is hereby required, forthwith to issue his proclamation calling upon the qualified voters of this Stat~~ to assemble on a Monday not more than forty days after tho date of said proclamation, and at the general places of voting in their respective counties, to elect delegates to a State convention of the State, to consider, determine, and do whatever, in the opinion of said convention, the rights, interests, and honor of the State of Alabama require to be done for their protection. And on the 25th day of February, 1860, another resolution was adopted and passed by said body, as follows, viz: Be it resolved, That in the absence of any preparation for a systematic co-operation ot the Southern States in resisting the aggressions of their enemies, Alabama, acting for herself, has solemnly declared that under no circumstances will she submit to the foul domination of a sectional Northern party; has pro- vided for the call of a convention in the event of the triumph of such a faction in the approaching Presidential election, and, to maintain her position thus delib- erately assumed, has appropriated, & c. Under the foregoing resolutions and the influence of subsequent political events His Excellency Andrew B. Moore, Governor of the State of Alabama, deeming it proper to consult with the slave-holding States of the Union as to what is best to be done to promote their and our interests and honor in the crisis which the action of the Black Republicans has forced upon the country, and believing that the con- ventions of South Carolina and Florida, as well as the Legislatures of some of the other States, would have assembled and acted before the meeting of the convention of Alabama, and thus the opportunity of conferring with them would be measurably lost, determined to appoint commissioners to each of the slave-holding States in time to enable them to report the result of the convention to him before the meeting of the Alabama convention (which will assemble at the city of Montgomery on the 7th of January, 1861), that the same might b~ laid before that body. The election of members to the Alabama convention was hol4en on the 24th of December, 1860. This course was pursued by Governor Moore because the Southern States could not, without violating the Constitution of the United States, make any agreement, form any alli- ance, nor enter into any compact for their mutual protection before separate State secession; and because all that can be done will be to consult generally as to what would be best and afterward to secede separately as emergencies might demand, and thereafter co-operate in the formation of such confederacy as might tend to the general welfare. Under this state of facts the undersigned was, by Andrew B. Moore, Governor of the State of Alabama, on the 18th of December, 1860, commissioned to the State of Missouri to consult and advise with His Excellency the Governor of Missouri and with the Legislature and all other public functionaries of said State, touching the premises as t Page 25 CONFEDERATE AUTHORITIES. 25 what shall be deemed best to be done to protect the rights, interests, and honor of ~he slave-holding States; and all of which is respectfully submitted to elicit the counsel and opinion of the State of Missouri as to what is best to be done by the slave-holding States in the present political crisis, and all of which I respectfully submit to elicit the con- sultation and advice of the State of Missouri in the premises. Respectfully, WM. COOPER, Commissioner from Alabama. [Thclosure No. 2.] EXECUTIVE DEPARTMENT, City of Jefferson, December 30, 1860. His Excellency A. B. MOORE, Governor of Alabama, Montgomery, Ala.: SIR: I acknowledge with pleasure the receipt of your favor of the 18th instant, accrediting and introducing to me Mr. William Cooper as a commissioner from Alabama to Missouri, to confer with proper authorities in this State respecting all matters connected with the present political and governmental crisis in the United States. I am truly gratified and the people of Missouri will be pleased to learn that you have taken a course which looks to a friendly conference of all the slave-holding States. Be assured, sir, that in Missouri we have a lively appreciation of the practical injuries suffered from the interference and depredations of Northern fanatics. Owing to the peculiarity of our geographical position, being bounded by nearly 1,000 miles of free territory, our State probably suffers more from the loss and abduction of slaves than any of her sisters, and our people are determined to seek redress for their wrongs and full security and indemnity for their rights. At the same time they are, so far as I am advised, equally opposed to separate or immediate action upon a subject of so grave importance. The people of Missouri will still seek for the acknowl- edgment and vindication of their rights within the Union rather than fly from present evils to those we know not of, and when the terms of a fair adjustment are refused will be prepared to join with the slave-holding States in united measures for the redress of our com- mon grievances. For a further exposition of my views on this sub- ject I beg to refer you to my forthcoming annual message to the General Assembly of Missouri, which you will doubtless receive before the meeting of your State convention on the 7th proximo, as also that of my successor, of whose opinions I am fiot specially advised. In the meantime be assured that every courtesy which the representatives of a great and generous people know how to bestow will be cordially extended to the worthy and gentlemanly commis- sioner who comes here honored with the confidence of Alabama. Yours, respectfully, R. M. STEWART. [Inclosure No. 3.] At an adjourned meeting of the members of the Legislature of Missouri, held at the capitol on Saturday, December 29, 1860, prior to the meeting of the General Assembly, after the address of the Hon. William Cooper, commissioner from the State of Alabama, Dr. John llyer, senator from Dent, was elected chairman,. and R. C. Cloud, esq., of Pemiscot, was elected secretary Page 26 26 CORRESPONDENCE, ETC. Hon. M. M. Parsons, senator from Cole, offered the following: Resolved, That we have heard with deep interest the address of the Hon. Wil- liam Cooper, commissioner appointed from the State of Alabama to consult with us in regard to what course the slave-holding States should take under the present crisis, and that we will during the coming session express our opinions officially upon the questions now distracting the Union, and will furnish His Excellency the Governor of Alabama with a copy of such resolutions on the subject as the General Assembly may adopt. Which was unanimously adopted. Hon. Thomas W. Freeman, representative from Polk, offered the following: Resolved, That the secretary of this meeting be directed to transmit a copy of the resolution adopted by this meeting to His Excellency the Governor of Ala- bama by Hon. William Cooper, commissioner from that State. Which was unanimously adopted, and thereupon the meeting ad- journed. R. C. CLOUD, Secretary. [Inclosure No. 4.] M~ DEAR SHIELDS: IL observed in the last Expositor a call for a meeting, to take place in Lexington on the 10th of this month, to con- sider the course the Southern people should pursue under~the menaces and threats of Black Republicanism. From the free and outspoken terms in which this call is made, and the unqualified language used in setting forth the objects of the meeting, those of us at a distance cannot but infer that the good people of old La Fayette are deter- mined to assert the rights which belong to them under the Constitu- tion and set themselves right before the world. I rejoice to see that the men of all parties have freely sign~ed this call, and I trust in God they will have the metal and the nerve about them when they shall assemble together to look all impending danger squarely in the face, and firmlybut respectfully declare to the world where they will be found in the fearful crisis which now overhangs our common country. The time has come, in my judgment, when a settlement of all the questions in controversy must be had. That settlement, to be of any value, must be full, complete, and final, and expressed in such terms that no one can doubt the exact meaning of the settlement. In the call for your meeting you have declared your purpose to demand an unconditional repeal~~ of all the personal-liberty laws which have been passed by the free States. This is a step, I think, well taken, and leads in the right direction. But does it go far enough? Does it reaeh the heart of the disease? Nothing short of the most positive and binding obligations would I accept in the proposed settlement. Suppose those offending States should agree to repeal their odious enactments, and should actually do it, may they not re-enact them the year following? They have already violated one bargain, under the pretense of con- struing it differently from us. In making the next agreement let it be made so plain that the wayfaring man, though in a gallop, cannot mistake its meaning. You know the Constitution has not the word slave or slavery in it. Our fathers, who made it, were in reference to this subject possessed of a little mock modesty, or, perhaps, more properly speaking, they were a little too mealy-mouthed to speak out in meeting fully what they thought and meant. Now, everybody knows exactly what they meant; yet the Abolitionists and Black Republicans are beginning to deny its true intent and meaning. Yo Page 27 OONPEDEI~ATE AUTHORITIES. 27 know this is so; every man knows it. Should we, then, accept any- thing less than an amendment to the Constitution setting forth in the plainest terms the exact agreement entered into? I do not know that we shonld ask this by way of amendment, bnt rather as an explana- tion of the tine meaning of the Constitution. We should also require a proper penalty of every State that has failed to comply in good faith with the Constitution and laws upon this subject. Each State that permits its citizens, in the way of armed mobs or otherwise, to obstruct the faithful execution of the fugitive slave law should be held responsible to the owner of the slave for all damages and costs in the case. It has occurred to my mind that we should demand this or something like it. I will not differ with friends in the matter of detail or mere form of the thing; so I get the substance I should feel satisfied. Some of the Union savers and some of our more timorous friends are insisting that we must wait yet a while longer, until Lincoln shall commit some overt act. They tell us his election is no good cause for secession. I agree that the mere form or manner of Lincolns election does not furnish good and sufficient grounds for secession; but when we consider that Lincoln is the representative man of the Black Republican party; that he was taken up by the Chicago conven- tion, and afterward elected by his party, solely because he was the author of the declaration that this Government cannot endure perma- nently half slave and half free, I ask if his election under these circumstances is not committing the ~overt act. Can we regard it as anything less than a declaration of war upon the whole slave prop- erty of all the Southern States? Is it not a moral dissolution of the Union, a virtual disruption of the Government? For myself I cannot but regard the election of Lincoln as having brought to a focus all the threats and agitations of the last thirty years; as severing the political ties which have held together the people of the Northern and Southern States; as alienating their affections and placing them, to a great extent, in the position of two opposing armies, standing in hostile array to each other. But, my dear sir, do not understand me as undertaking to dictate what should be done. I simply took up my pen, on reading your call for a meeting, to say to you that you have my hearty approval and warmest sympathies in this movement. We shall hold a meeting in Saline on the 14th and would be glad to have you with us if it would not put you to too much trouble. This is all I intended to say in the outset, but as I have a little space I will add a word more. I think the people of each Southern State should hold conventions at once, and these conventions shou.ld apprAnt delegates to a general convention of all the Southern States, where they could all agree on what ought to be demanded, and that all might act in concert in carrying out the measures and policy agreed upon. Had I been acting Governor of the State I should have called the Legislature together before now, in order that they might consider the question of calling a convention, and at the same time, if thought proper, to dis- patch a commissioner to South Carolina, Georgia, & c., asking them, as friends, not to go out of the Union by any hasty step, but remain with us and meet us in convention, and, if go we must, let us all go out together. Let us exhaust all the means in our power to maintain our rights in the Union; let us preserve the Government, if possibly in our power; but if, after having tried all the remedies within our grasp, these should fail, as I fear they will, then I say, let us dissolve the connection and maintain the rights which belong to us at all hazards and to the last extremity Page 28 28 CORRESPONDENCE, ETC. In my arguments upon this subject I have thought it a waste of words and time to discuss the abstract right of secession. To us it does not matter whether it be a constitutional remedy or not. What right has the Black Republican or his allies to read us lectures on constitutional rights after having violated with impunity the plainest provisions of the Constitution for more than thirty years? I pray that our friends may not be betrayed into any rash acts or measures. Let there be no threats, no bravado, no gasconading; but firmly and determinedly let us take our position in the right and stand by it to the last. C. F. JACKSON. [JANUARY 7, 1861.For Yulee to Finegan, inclosing copy of resolu- tions adopted at a consultation of Senators froiu the secedino see Series I, Vol. I, u. 443.] ~ States, WASHINGTON CITY, January 7, 1861. His Excellency A. B. MOORE: MY DEAR SIR: At a caucus of Senators from the States of Geor ia, Florida, Alabama, Mississippi, Arkansas, Louisiana, and Texas, in which all were present but Mr. Toombs and Mr. Sebastian, the inclosed resolutions were adopted, the fi~st and second with but one dissentient, and the third with but four. Members of the House of Representa- tives from those States were not present, because there was not time to summon them, and, in fact, many of them had left this city. There was a common understanding that the Senators of each State should communicate the resolutions amid action of the caucus to the Governor of their State, to be used as might be deemed best on consultation with members of the convention or Legislature that might be assembled. I wish to invoke attention to the third resolution, and to make such explamiation as is necessary to prevent any misconstruction of the motive of those who voted for it. It will at once occur to your mind that there is a plain incongruity between the first and third resolu- tions; that after a State has seceded from the present Federal Union its Senators and Representatives have no right to seats in this Con- gress. Such must be the conclusion of all who maintain the right of secession. This was admitted by the caucus, not excepting, I believe, one of those who voted for the third resolution. But the Black Repub- licans deny the right of secession; insist that the late senators and Rep- resentatives from South Carolina are still members of the respective houses to which they were elected, and the names of those Represent- atives (by order of Speaker Pennington) and of those Senators (without order or objection) are still called as if present. They are, therefore, estopped from objecting to the votes of Senators and Rep re- sentatives from other States that may secede before the 4th of March next, if any retain their seats after the secession of their State. There is a manifest purpose of the Black Republicans in both houses of Congress to use the power they may have, when the Senators and Representatives of the cotton States leave here, to enact every species of legislation which hate of the South and lust of power and plunder may suggest. Bills extending the districts for the collection of rev- enue, so as to authorize collections on board of war vessels in view of Southern ports; increasing the tariff and mnaking it discriminate more against the South; increasing the Army and Navy; calling fo Page 29 CONFEDERATE AUTHORITIES. 29 volunteers and offering them bounties in land and money; employing the militia; authorizing loans and issuing Treasury notes; indeed, every bill will be passed which they can pass and may deem necessary to strengthen the arm of Government and to enable Mr. Lincoln to enforce payment of revenue at Southern ports or to blockade them, or to commence war upon the South as soon as he is installed in office. Such legislation might, probably, be defeated, if the delegates from the cotton States about to secede remained in their seats till the 4th of March; and a new Congress could not be convened before September next, by which time we might be fully prepared for war and strengthened by the alliance of all the slave-holding States.. On the other hand, it may be well asked whether it will comport with the dignity and honor of Alabama, after she has seceded from the Union, to authorize her Senators and Representatives to hold their seats in this Congress. Or can she with credit pass an ordinance of secession and yet direct them to retain their seats? I submit the resolutions, to be sent to the convention for their consideration if you deem it proper or expedient. I owe it to myself to say that I do not wish to remain here, and if I consulted my own feelings, interest, or opinions I would not stay a day after the secession of my State. I am, most respectfully, your friend and servant, C. C. CLAY, JR. [Inclosure.] Resolved, That in our opinion each of the Southern States should, as soon as may be, secede from the Union. Resolved, That provision should be made for a convention to organ- ize a confederacy of the seceding States, the convention to meet not later than the 15th of February, at the city of Montgomery, in the State of Alabama. Resolved, That in view of the hostile legislation that is threatened against the seceding States, and which may be consummated before the 4th of March, we ask instructions, whether the delegations are to remain in Congress until that date, for the purpose of defeating such legislation. Resolved, That a committee be and is hereby appointed, consisting of Messrs. Davis, Slidell, and Mallory, to carry out the objects of this meeting. SECOND DAY.* JANUA~Y 8, 1861. * * * * * * . * On this day Mr. Watts placed the following dispatches before the convention: WASHINGTON, January 7, 1861. The Republicans in the House to-day refused to consider the Border-State com- promise, complimented Major Anderson, and pledged to sustain the President. MOORE AND CLOPTON. RICHMOND. Governor MooRE: Legislature passed by 112 to 5 to resist any attempt to coerce a seceding State by all the means in her power. What has your convention done? Go out promptly, and all will be right. A. F. HOPKINS. F. M. GILMER. * From Journal of the Alabama Convention Page 30 30 CORRESPONDENCE, ETC. The Governor sent up the following message in answer to the reso- intion of yesterday: EXECUTIVE DEPARTMENT, Montgomery, Ala., January 8, 1861. GENTLEMEN OF THE CONVENTION: In obedience to the resolution ad opted by the convention yesterday, requiring me to communicate any information I may have respecting the condition of the country, I herewith transmit such information as is in my possession touching the public interests, and a brief statement of my acts in regard thereto, and the rea- sons therefor. All of which are respectfully submitted to the consideration of the convention. Very respectfully, A. B. MOORE. [Inclosure.] The General Assembly at its last session passed unanimously, with two excep- tions, resolutions requiring the Governor, in the event of the election of a Black Republican, to order elections to be held for delegates to a convention of the State. The contingency contemplated having occurred, making it necessary for me to call a convention, writs of election were issued immediately after the votes of the Electoral College were cast. It was my opinion that under the peculiar phraseology of the resolutions I was not authorized to order elections upon the casting of the popular vote. I therefore determined not to do so. As the slave-holding States have a common interest in the institution of slavery, and must be common sufferers in its overthrow, I deemed it proper, and it appeared to be the general sentiment of the people, that Alabama should consult and advise with the other slave-holding States, so far as practicable, as to what is best to be done to protect their interests and honor in the impending crisis. And seeing that the conventions of South Carolina and Florida would probably act before the convention of Alabama assembled, and that the Legislatures of some of the States would meet, and might adjourn without calling conventions, prior to the meeting ot our convention, and thus the opportunity [be lost] of conferring with them upon the great and vital questions on which you are called to act, I deter- mined to appoint commissioners to all the slave-holding States. After appointing them to those States whose conventions and Legislatures were to meet in advance of the Alabama convention, it was suggested by wise counselors that if I did not make similar appointments to the other Southern States it would seem to be mak- ing an invidious distinction, which was not intended. Being convinced that it ~night be so considered, I then determined to appoint commissioners to all the slave-holding States, and made the following appointments: A. F. Hopkins and F. M. Gilmer commissioners to Virginia. John A. Elmore commissioner to South Carolina, I. W. Garrott and Robert H. Smith commissioners to North Carolina, J. L. M. Curry commissioner to Maryland, David Clopton commissioner to Dela- ware, S. F. Hale commissioner to Kentucky, William Cooper commissioner to Missouri, L. P. Walker commissioner to Tennessee, David Hubbard commissioner to Arkansas, John A. Winston commissioner to Louisiana J. M. Calhoun com missioner to Texas, E. C. Bullock commissioner to Florida, John Gill Shorter commissioner to Georgia, E. W. Pettus commissioner to Mississippi. All these gentlemen are well known to the people of Alabama, and distinguished for their ability, integrity, and patriotism. The following is a copy of the com- mission to each of them, in substance.* * * * * * * * I herewith transmit to you the reports, so far as they have been received, and will lay before the convention any others that may be made immediately on their receipt. I trust that my course in the appointment of these commissioners will meet the approbation of the convention. Having satisfactory evidence to believe that Alabama would withdraw from the present Union, I considered it my duty to take such steps as would enable the convention and Legislature to providc the means of putting the State in a condition to protect and defend her citizens in the event of her secession. Knowing that the treasury was not provided with funds sufficient for the purpose; that bonds, at such a crisis, could not be sold out of the State, except at a great sacrifice, and believing that at such a time additional taxation upon the people should be avoided, if possible, I determined to take the responsibility of requesting the banks to suspend specie payments, for the purpose of retaining their specie to aid the State, provided it should become necessary. * Omitted Page 31 CONFEDERATE AUTHORiTIES. 31 With this view I addressed a letter to each of the banks, a copy of which will be found in the following address to the people of Alabama, published on the [17th] day of December, 1860. I refer the convention to this address for a full statement of the reasons which induced my action in this matter: EXECUTIVE DEPARTMENT, Montgomery, Ala., December 17, 1860. THE PEOPLE OF ALABAMA: Strong appeals have been made to me by many citizens from different sections of the State to convene the Legislature for the purpose of providing the ways and means of protecting the interests and honor of the State in the impending crisis, and for the further purpose of authorizing the banks to suspend specie payments, to enable them to furnish greater facilities for moving the cotton crop, and thus relieve, to some extent, the embarrassed condition of the cotton market and the people. These appeals were made by those whose opinions are entitled to the high- est respect, and are disconnected w ~vh the banks, either as directors or stockholders. After giving to the subject the fullest consideration, and viewing it in all its bearings, I determined not to convene the Legislature, for reasons which I will now give. I did not doubt, and do not now, that the convention to meet on the 7th of January will determine that Alabama shall withdraw from the present Union at an early day. Should this contingency occur it will be necessary forth- with to convene the Legislature to provide for whatever the action of the con- vention may render necessary in the way of legislation. The imposition upon the State of the expenses of the convention and two extra sessions of the Legis- lature at this time, when economy is a matter of the highest consideration, ought to be avoided if it could be done consistently with the public interests. If the Legislature could anticipate the action of the convention and provide for it, it would supersede the necessity of convening after the convention shall have acted; but this would be impossible. It was my opinion that if I issued a proclamation calling an extra session of the Legislature every one would believe that the object, in part, was to authorize the banks to suspend specie payments. This would have caused an immediate run upon them, and would in a great measure have exhausted their specie, and thus rendered them unable to aid the State in her emergency or relieve the peo- ple. It appeared to me that these difficulties could~ be avoided by the banks and myself assuming responsibilities which never should be done under any other cir- cumstances. I considered it a matter of the utmost importance that the specie in the vaults of the banks should be kept there, so far as it could be done, in order to aid the State in providing the means to sustain herself in the approach- ing crisis. It would be inexpedient at such a time to tax the people, and State bonds could not now be sold except at a great sacrifice. I considered it the duty of banks, upon whom extraordinary privileges had been conferred, to come to the aid of the State in her hour of need, and therefore determined to request them at the same time to suspend specie payments and retain their specie for the benefit and security of the State so far as might be necessary. In this way a run upon the banks would be avoided, and they would remain in a condition to relieve the State from immediately taxing her people, or selling bonds at a heavy discount, and render unnecessary an extra session of the Legislature before the meeting of the convention. The extension of relief to the people in selling their cotton crops would follow as an incident. In consid9ration~f the premises, I addressed to each of the banks a letter, of which the follDwing is a copy: EXECUTIVE DEPARTMENT, Montgomery, Ala., December 4, 1860. THE PRESIDENT AND DIRECTORS OF THE CENTRAL BANK OF ALABAMA, Montgomery, Ala.: GENTLEMEN: The peculiar and extraordinary state of public affairs and the interest of the State make it a matter of State necessity to retain in the vaults of the banks all the gold and silver in their possession. From present prospects there can scarcely be a doubt that Alabama will secede from the Union before the 4th day of March next. Should that contingency occur, it will be necessary for the State to raise not less than $1,000,000 in specie, or its equivalent. Under the circumstances which surround us we could not sell State bonds either in the North or in Europe, except at a ruinous discount; and it would be inexpedient to tax the people immediately for that purpose. How, then, can the State secure the money that may be necessary in her emergency? But one practicable plan ~iow presents itself to my mind, and that is, to call upon the banks Qf the stat Page 32 32 CORRESPONDENCE, ETC. to come to our aid. The course of events and the suspension of the South Caro- lina ant Georgia banks will create more or less uneasiness in the minds of bill- holders, and will induce many of them to draw the specie from the banks to the extent of the notes they may hold, and thus render the banks unable to aid the State as they otherwise could do. I am strongly urged, from various parts of the State, to convene the Legislature for the purpose of authorizing the banks to suspend specie payments and thus enable them to retain their specie for the pur- poses suggested. I have reflected much and anxiously upon the subject. I am satisfied, were I to convene the Legislature for the purpose stated, that it would produce a run on the banks and in a great measure exhaust their specie and defeat the object I have in view. With the view, then, of enabling the banks to retain their specie for the pur- pose aforesaid, I deem it my duty, under the circumstances, to advise and request them to suspend, all at the same time. The high and patriotic motives which would induce the act would sustain the banks and me. There can be no doubt that the convention and Legislature, soon to meet, will sustain and legalize the act. I will sanction it, and will institute no proceedings against them; and in my message to the Legislature and convention will urge them to sanction the act, which I am sure they will do. If need be, after the suspension, I will write an address to the people of the State, stating the facts and circumstances under which the step was taken. I am satisfied that the banks are in a sound condition and can maintain it through the present crisis, but it will render them unable to give the State that aid she will need. I have written similar letters to all the banks. The contents of this communication are respectfully submitted to your consideration. Very respectfully, your obedient servant, A. B. MOORE. At my suggestion and request, and for the purposes stated in my letter, the Commercial Bank at Selma, the Central Bank at Montgomery, and the Eastern Bank at Eufaula suspended this day. It is due to those banks that I should say (being advised of their condition) that they are able to sustain themselves through the crisis, and that they have taken this important step with the high and patri- otic motive of sustaining the State, as shown by the response of each of them to my letter. Their letters are filed in my office, and would have been published but for the length they would give this communication. There is no necessity for any depreciation in their notes, as there can be no question of their solvency. The circumstances under which they have suspended should relieve them from any censure. If censure is to fall upon any one it should be upon me, and I rely for my justification upon the manifest propriety and necessity of the act, as well as the motives which induced it. The Bank of Mobile and the Southern Bank of Alabama decline to suspend, but patriotically pledge themselves to raise their proportion of the amount suggested in my letter should there be a necessity for it. These two banks being located in Mobile can procure specie and exchange with more facility than the banks in the interior, and are not so liable to be prej- udiced by the suspended banks of South Carolina and Georgia. Hence their ability to aid the State without suspending specie payments. The Northern Bank at Huntsville also declines to suspend, on account of peculiar circumstances which surround it. I have now briefly stated the circumstances and facts con- nected with the suspension of three of our banks, in accordance with the promise contained in my letter, and hope they will be satisfactory t~ the enlightened and patriotic people of Alabama, for whose benefit this great responsibility has been assumed. A. B. MOORE. I am authorized to say that the banks are prepared to loan the State their pro- portionate share of $1,000,000 should her necessities require it. The convention is aware that I have had Fort Morgan, Fort Gaines, and Mount Vernon [Arsenal] occupied by the troops of Alabama. My reasons for this important step are briefly and plainly set forth in the following letter to the President of the United States as soon as I was officially informed that the forts and arsenal had been occupied.* The forts and arsenal will be held subject to such instructions and directions as the convention may think proper to give. Strict, orders have been given the officers in command at the places mentioned to take an inventory of the arms and ammunition and public stores, and see that all are protected and preserved. *For the Governors letter (here omitted), dated January 4, 1861, see Series I, Vol. I, p. 327 Page 33 CONFEDERATE AUTHORITIES. 33 I am fully aware that in all I have done in regard to the matters herein com- municated I have taken great responsibilities. For my justification I rely upon the propriety and necessity of the course I have taken and upon the wisdom and patriotism of the convention and people of Alabama. In this great and trying crisis I have done all I could do to prepare the State for any emergencies that might occur. The great and responsible duty of protecting the rights, interests, and honor of Alabama s now imposed on the convention, and I do not doubt that her present proud and high position will be maintained. May the God of wisdom and justice guide you in your counsels. A. B. MOORE. The president laid before the convention the following telegraphic dispatches from the Hon. Edmund W. Pettus, commissioner from Alabama to Mississippi, and from the Hon. E. C. Bullock, commis- sioner from Alabama to Florida: JACKSON, Miss., January 7, 1861. A resolution has been passed to raise a committee of fifteen to draft the ordi- nance of secession. E. W. PETTUS. The convention met at 12. Mr. Barry is president. The State will probably secede to-morrow or next day. E. W. PETTUS. TALLAHASSEE, FLA., January 7, 1861. Convention by vote of 162 to 5 adopted resolutions in favor of immediate seces- sion. Committee appointed to prepare ordinance of secession. E. C. BULLOCK. WASHINGTON, D. 0., January 8, 1861. His Excellency A. B. MOORE, Jliforttgomery, Ala.: SIR: In the discharge of the duties imposed by your appointment of commissioner from the State of Alabama to the State of Delaware, I prepared and delivered in person to His Excellency William Burton a communication in writing, which I requested should also be sub- mitted to the Legislature, then in session, and a copy of which I here- with transmit to you. The health of my family prevented me from spending as much time with the Governor and Legislature as it was my wish and intention to have done. No reply to my communication has been received. I was assured that the State of Alabama had the sympathy of many of the citizens of Delaware in this trying emer- gency, although the members of the Legislatur~, not~having been elected in view of the present crisis, would not probably give expres- sion by a majority vote to this sympathy. From the best information which I received, I have no hesitation in assuring Your Excellency that, whilst the people of Delaware are averse to a dissolution of the Union and favor a convention of the Southern States, perhaps of all the States, to adjust and compromise if possible existing difficulties, yet, in the event of dissolution, however accomplished, a large majority of the people of Delaware will defend the South. An effort will be made to procure the call of a convention by the Legislature, which it is hoped will be successful; and then the people of Delaware can decide their own course according to their own conceptions of the requirements of honor, safety, and right. It gives me pleasure to report to Your Excellency my cordial reception by the offleers Qf the 3 R RSERIES Iv, VOL Page 34 34 CORRESPONDENCE, ETC. Executive Department of the State of Delaware, and my very agree- able int~rcourse with them and many of the members of the Legis- lature. I have the honor to remain, very truly, yonrs DAVID CLOPTON. [Juclosure.] DOVER, DEL., January 1, 1861. SIR: I have the honor to transmit to you the accompanying papers, including a commission from the Governor of the State of Alabama, appointing the undersigned commissioner to the sovereign State of Delaware to advise and consult with His Excellency Governor Wil- liam Burton and the members of the Legislature or State convention, as the case may be, of said State, as to what is best to be done to pro- tect the rights, interests, and honor of the slave-holding States. With a due appreciation of the delicacy and responsibility of the trust confided, and from an earnest desire to discharge its duties in the manner most conducive to the harmony and co-operation so eminently proper in present emergencies, I address Your Excellency this com- munication and request that it be submitted to your Legislature. The necessity of such consultation and of the appointment of a com- missioner for the purpose expressed implies that these rights, inter- ests, and honor are endangered. The causes which have produced, upon the part of the people and Governor of the State of Alabama,, this not merely apprehension, but conviction of danger, are indicated in the accompanying commission. In the succession of party tri- umphs and defeats which have marked the political history of the country, the power and patronage of the Executive Department of the Federal Government will on the 4th of March next pass for the first time under the control of a purely sectional party, which has succeeded by a purely sectional vote. The principles and purposes of this party, as defined in its platforms and by its leaders and presses, are too well understood to render it necessary for me to recall them in detail to the notice of Your Excellency. The fact that it is a sectional party includes the additional fact that its aim will be, by all the means & f legislation and of the adniinistration of the Govern- ment, to promote and foster the interests and internal prosperity of one section, and to debase the institutions, weaken the power, and impair the interests of the other section. Its animnus, its single bond of union, is hostility to the institution of slavery as it exists in the Southern States. Its members, numbering nearb~ two millions of voters, as evidenced by the late Presidential election, have been col- lected from all the other various political organizations, and although disagreeing totally upon other important political principles, have nevertheless ignored all these, and been molded into a compact mass of enmity to this particular institution, upon which depend the domes- tic, social, and political interests of fifteen States of the Union, and which institution was recognized, respected, guarded, and protected by the convention which framed the Constitution and by the people of the States by whom it was ordained and established. The slave-holding States, notwithstanding the vastness of their interests at stake, will be either unrepresented in the Cabinet coun- cils of the incoming Administration or represented by men who sym- pathize with this party in its purpose. The same policy will be *Not found Page 35 CONFEDERATE AUTHORITIES. 35 pursued by the Executive Department which the President-elect recommended in a public address, when, after having declared the ends to be accomplished, he said: To do these things we must employ instrumentalities; we must hold conven- tions; we must adopt platforms, if we conform to the ordinary custom; we must nominate candidates, and we must carry elections. In all these things I think we ought to keep in view our real purpose, and in none do anything that stands adverse to our purpose. Those men who direct the sentiment, purpose, and action of this party have notified the people of the slave-holding States that the past policy of the Federal Government is iiow to be wholly changed; that those principles which have secured our present respect abroad and our past internal prosperity are to be superseded by others which are adverse to the true theory, nature, and designs of the federal government. Mr. Lincoln has left us in no doubt as to his policy. In the address before alluded to, which he delivered at Cincinnati in September, 1859, he emphatically declared: I think we want, and must have, a national policy in regard to the institution of slavery that acknowledges and deals with that institution as being wrong. Whoever desires the prevention of the spread of slavery and the nationalization of that institution yields all when he yields to any policy that either recognizes slavery as being right or as being an indifferent thing. Nothing will make you successful but setting up a policy which shall treat the thing as being wrong. When I say this I do not mean to say that this General Government is charged with the duty of redressing or preventing all the wrongs in the world, but I do think that it is charged with preventing and redressing all wrongs which are wrongs to itself. This Government is expressly charged with the duty of pro- viding for the general welfare. We believe that the spreading and perpetuity of the institution of slavery impairs the general welfare. We believe, nay, we know, that that is the only thing that has ever threatened the perpetuity of the Union itself. The only thing which has ever menaced the destruction of the Govern- ment under which we live is this very thing. To repress this thing is, we think, providing for the general welfare. He may suppose that the people of the slave-holding States will be satisfied with the assurance that he does not intend to interfere with slavery in the States; but, in thus supposing, he supposes further, that they have not the manhood and honor to assert and maintain, or do not possess the intelligence to understand, their rights in the Terri- tories or wherever else the jurisdiction of the Government extends, and that they are willing to surrender all the outposts, and leave the citadel unguarded, liable to first covert then open attacks. Notwith- standing this assurance, common sense and experience, our knowl- edge of human nature and all history, teach that, believing slavery to be a moral and political evil, a wrong to the Governn~nt, and that these States cannot exist half free and half shive, Mr. Lincoln will exert all his powers, influence, and patronage to place it where the public mind shall rest in the belief that it is in the course of ultimate extinc~on. From these principles and this avowed policy the follow- ing propositions may be correctly deduced: The success of Republicanism ignores the sovereignty and disre- gards the rights of the States by disallowing the concurrent majorities established by the Constitution and perverting the powers of the Fed- eral Government to the redressing of what it may consider to be a wrong in the social, domestic, or local institutions and regulations of any of the States, and by converting that which was intended to be a federal republic into a consolidated, centralized power, a despotism of numbers. Its success destroys the equality of the States by a denial of common and equal rights in the common territories; by th Page 36 36 CORRESPONDENCE, ETC. effectual exclusion of any representative voice on behalf of the slave- holding States in the management of a co-ordinate department of the Government, and by the declared intent to administer that depart- ment in a manner hostile to their peace, safety, and prosperity. Its success subverts and defeats the ends of the Constitution. Instead of forming a more perfect union it has dissolved the Union by compelling the secession of one of its members and the anticipated secession of others. Instead of establishing justice it denies justice to fifteen of the States by refusing to admit any more slave States into the Union, and by the enactment of laws to prevent the rendition of fugitive slaves. It endangers instead of insuring domestic tran- quillity by the possession of the channels through which to circulate insurrectionary documents and disseminate insurrectionary senti- ments among a hitherto contented servile population. It neglects instead of providing for the common defense by permitting within the limits of some of the States the organization of plans for the armed invasion of others, and by refusing to surrender the criminals when fugitives from justice. It disregards and impairs instead of promoting the general welfare by compassing the destruction of an inestimable amount of property with all its direful consequences. It will rob us of instead of securing to ourselves and our posterity the blessings of liberty by the extinction of a great domestic and social institution, by the overthrow of self-government and the establish- ment of an equality of races in our midst. Its success overthrows the fundamental principles of the Revolution by denying the freedom of property. This freedom of property is the corner stone of social happiness. As has been said: The rights of life, liberty, and property are so intimately blended together that neither can be lost in a state of society without all; or, at least, neither can be impaired without wounding the others. To maintain the value of property and realize its fullest advan- tages there must be guaranteed permanence, security, and protection. Republicanism proposes to place the right to property in slaves nuder the ban of a consolidated, centralized General Government, and threatens to employ all its powers and resources to the consummation of the single purpose of destroying this single species of property. When this shall be done, the right to life, liberty, and the pursuit of happiness must be involved in common ruin, for the admission of sovereignty in a government admits the universal claim of govern- mental sovereignty to despotic power over all these, whether it is in form a monarchy, a democracy, or a republic. Fro,m these consider- ations Your Excellency must concur in the opinion expressed by the Governor of the State of Alabama, that The success of said party and the power which it now has and will soon acquire greatly endanger the peace, interests, security, and honor of the slave-holding States, and make it necessary that prompt and efficient measures should be adopted to avoid the evils which must result from a Republican administration of the Federal Government. You cannot be surprised that, in the opinion of the people of Alabama, the time has arrived when imperious necessity and self-pres- ervation require them to exercise their right to abolish the present Government and institute a new one, laying its foundation in such principles and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness. I am impressed with a sense of this necessity, and contemplating the possible succes Page 37 CONFEDERATE AUTHORITIES. 37 of this party, the General Assembly of Alabama at the session of 185960 adopted joint resolutions by which it was made the duty of the Governor, upon the election of its candidates for the Presidency and Vice-Presidency, to call a convention of the people to consider, determine, and do whatever, in the opinion of said convention, the rights, interests, and honor of the State of Alabama require to be done for their protection. The Governor, by authority of said joint reso- lutions, and with the full concurrence of his own opinion, did, on the 6th day of this month, issue a proclamation calling said convention to assemble on the 7th day of January next. Commissioned to advise and consult with Your Excellency, it would be improper to declare at this time and in this communication what, in my opinion, will be the action of that convention. I will simply suggest that the hope of obtaining new and sufficient guaranties, by way of constitutional amendments or otherwise, has abandoned the hearts of all, even the most moderate Southern men. The expressions of Republican presses and the representative men in and out of Congress, the futile efforts of the Senate and House committees, and the persistent silence of Mr. Lincoln have extinguished the last ray of such hope. But even if new guaranties could be obtained, they can bring no sense of security to the Southern mind; they would prove a temporary and delusive truce, a broken reed to pierce hereafter. The slave-holding States have never complained of the insufficiency of the Constitution or of the want of additional and further guaranties. They have asked no more than the faithful observance of those which are con- tained in the present Constitution. New guaranties will be utterly valueless withQut an entire revolution in the public temper, prejudices, opinions, sentiments, and education of the people of the non-slave- holding States. Laws passed in compliance with such new guaran- ties for the security and protection of property in slaves will avail nothing where their execution depends upon the Republican appointees of a Republican President. Speaking from what I am assured is the determination of the people of the State of Alabama and from what I know to be the opinion of her Governor, they do not propose to violate any section or clause of the Constitution in this movement. Whilst Alabama continues a mem- ber of the Union the people and Chief Executive intend, as it is their proud boast to have ever done, to regard and observe that instrument as a sacred compact. Hence the State of Alabama, being in the Union and prohibited by the third clause of the tenth section of the first article of the Constitution, does not propose co-operation in the sense of entering into any agreement or co.mpactvwith another State or States to abolish the Federal Government or to secede from the Union. After the State has seceded by separate State action, this prohibition of the Constitution no longer restrains or operates upon the sovereign right to contract alliances, and do all the other acts and things which independent States may of right do. This sufficiently answers the objection, so constantly urged, that several of the cotton States are determined to precipitate the act of secession, and disregard the situation and interests of their sister slave-holding States by refusing to meet them in convention. The people of Ala- bama recognize the right of the people of each other State to decide upon any infraction of their rights by the Federal Government, and to determine the mode and measure of redress. The people of Alabama, however, also understand and will observe the comity which should exist between sovereign States, and especiall Page 38 38 CORRESPONDENCE, ETC. between the slave-holding States. They fully appreciate the position and condition of the border slave-holding States, and are willing and ready to engage with them in a defense of common rights and safety. Identity of interest is a bond of sympathy. Similar dangers suggest the propriety of similar and simultaneous action, as far as practi- cable. The withdrawal of all the slave-holding States and the organi- zation of a Southern confederacy would possess a moral, political, and physical power which no government would dare to oppose. Yet the people of Alabama will not assume or pretend to dictate to the intel- ligent, brave, and patriotic people of the State of Delaware what course their safety, interests, and honor require them to adopt, believ- ing that they are competent and have the right to decide by and for themselves. They ask only to advise and consult together. To secure such consultation, in order to be informed of the views and opinions of the citizens of other States and to show a due respect for these views and opinions, at the same time avoiding any semblance of a violation of the Constitution, the Governor of Alabama has appointed a commissioner to each of the slave-holding States. It will be my pleasure to advise and consult with Your Excellency and the members of the Legislature, so far as may be agreeable and practi- cable, and to communicate the views and purposes of Your Excellency and the sentiments and desires of the people of Delaware to the Gov- ernor of the State of Alabama by the time of the meeting of the State convention. I have the honor to be, very respectfully, sir, DAVID CLOPTON. MONTGOMERY, ALA., January 8, 1861. His Excellency A. B. MOORE, Jllontgoinery, Ala.: SIR: Acting under the authority of the commission received from you, I visited Annapolis to confer in person with the Governor of Maryland. He was absent, and I submitted the inclosed letter, with the request that it be laid before the Legislature when it should be convened. The Governor, prior to my visit, had declined, on the application of the commissioner from Mississippi, and numerous requests, more or less formally presehted, from citizens of Maryland, to convene the Legislature to consider the present condition of politi- cal affairs. From conversation with prominent citizens, and from other sources, I am firmly of the opinion that Maryland will not long hesitate to make common cause with her sister States which have resolutely and wisely determined not to submit to Abolition domination. I have the hoiior to be, with high respect, your obedient servant, J. L. M. CURRY. [Inclosure.] ANNAPOLIS, MD., December 28, 1860. Hon. THOMAS H. HICKS, Annapolis, lIJid.: SIR: The Governor of the sovereign State of Alabama has appointed me a commissioner to the sovereign State of Maryland to consult and advise~~ with the Governor and Legislature thereof as to wha Page 39 CONFEDERATE AUTHORITIES. 39 is best to be done to protect the rights, interests, and honor of the slave-holding States, menaced and endangered by recent political events. Having watched with painful anxiety the growth, power, and encroachments of anti-slaveryism, and anticipating for the party held together by this sentiment of hostility to the rights and institutions of the Southern people a probable success, too fatally realized, in the recent Presidential election, the General Assembly of Alabama, on the 24th of February, 1860, adopted joint resolutions providing, on the happening of such a contingency, for a convention of the State to consider, determine, and do whatever the rights, interests, and honor of Alabama require to be done for their protection. In accord- ance with this authority the Governor has called a convention to meet on the 7th day of January, 1861, and on the 24th instant delegates were elected to that body. Not content with this simple but signifi- cauf act of convoking the sovereignty of the people, the State affirmed her reserved and undelegated right of secession from the confederacy, and intimated that continued and unceasingly violent assaults upon her rights and equality might constrain her to a reluctant but early exer- cise of that invaluable right. Recognizing the common interests and destiny of all the States holding property in the labor of Afri- cans, and anxiously desiring their co-operation in a struggle which perils all they hold most dear, Alabama pledged herself to a cordial participation in any and every effort which, in her judgment, will protect the common safety, advance the common interest, and serve the common cause. To secure concert and effective co-operation between Maryland and Alabama is in a great degree the object of my mission. Under our federative system each State, being necessarily the sole judge of the extent of powers delegated to the general agent and controlling the allegiance of her citizens, must decide for herself in case of wrong upon the mode and measure of redress. Within the Union the States have absolutely prohibited themselves from entering into treaties, alliances, and confederations, and have made the assent of Congress a condi- tion precedent to their entering into agreements or compacts with other States. This constitutional inhibition has been construed to include every agreement, written or verbal, formal or informal, positive or implied, by the mutual understanding of the parties. Without indorsing this sweeping judicial dictum, it will be conceded that if the grievance or apprehension of danger be so great as to ren- der necessary or advisable a withdrawal from the confederacy there can be between the States similarly imperiled, prior to separation, only an informal understanding for prospective concerr and federa- tion. To enter into a binding agreement or compact would violate the Constitution, and the South should be careful not to part with her distinguishing glory of having never, nnder the most aggravating provocations, departed from the strictest requirements of the Federal covenant nor suggested any proposition infringing upon the essential equality of the co-States. It is, nevertheless, the highest dictate of wisdom and patriotism to secure, so far as can be constitutionally done, a mutual league, united thoughts and counsels, between those whose hopes and hazards are alike joined in the enterprise of accomplishing deliverance from Abolition domination. To Your Excellency or so intelligent a body as the Legislature of Maryland it would be superfluous to enter into an elaborate statement of the policy and purposes of the party which, by the recent election, will soon have the control of the General Government. The bare fac Page 40 40 CORRESPONDENCE, ETC. that the party is sectional and hostile to the South is a full justifica- tion for the precautionary steps taken by Alabama to provide for the escape of her citizens from the peril and dishonor of submission to its rule. Superadded to the sectional hostility the fanaticism of a senti- ment which has become a controlling political force, giving ascend- ancy in every Northern State, and the avowed purpose, as disclosed in party creeds, declarations of editors, and utterances of representa- tive men, of securing the diminution of slavery in the States and placing it in the course of ultimate extinction, and the South would merit the punishment of the simple if she passed on and provided no security against the imminent danger. When Mr. Lincoln is inaugurated it will not be simply a change of administrationthe installation of a new Presidentbut a reversal of the former practice and policy of the Government, so thorough as to amount to a revolution. Cover over its offensiveness with~ the most artful disguises, and the fact stands out in its terrible reality that the Government, within the amplitude of its jurisdiction, real or assumed, becomes foreign to the South, and is not to recognize the right of the Southern citizen to property in the labor of African slaves. Heretofore Congress, the Executive, and the judiciary have considered themselves, in their proper spheres, as under -a constitu- tional obligation to recognize and protect as property whatever the States ascertained and determined to be such. Now, the opinion of nearly every Republican is, that the slave of a citizen of Maryland, in possession of and in company with his master, on a vessel sail- ing from Baltimore to Mobile, is as free as his master, entitled to the same rights, privileges, and immunities, as soon as a vessel has reached a marine league beyond the shores of a State and is outside the jurisdiction of State laws. The same is held if a slave be carried on the territory or other property belonging to the United States, and it is denied by all Republicans that Congress or a Territorial Legisla- ture or any individuals can give legal existence to slavery in any Ter- ritory of the United States. Thus, under the new Government, property which existed in every one of the States save one when the Government was formed, and is recognized and protected in the Con- stitution, is to be proscribed and outlawed. It requires no argument to show that States whose property is thus condemned are reduced to inferiority and inequality. Such being the principles and purposes of the new Government and its supporters, every Southern State is deeply interested in the protec- tion of the honor and equality of her citizens. Recent events occur- ring at the Federal capital and in the North must d~monstrate to the most incredulous and hopeful that there is no intention on the part of the Republicans to make concessions to our just and reasonable demands or furnish any securities against their wrongdoing. If their purposes were right and harmless, how easy to give satisfactory assur- ances and guaranties. If no intention to harm exists, it can be neither unmanly nor unwise to put it out of their power to commit harm. The minority section must have some other protection than the dis- cretion or sense of justice of the majority, for the Constitution as interpreted, with a denial of the right of secession or State interposi- tion, affords no security or means of redress against a hostile and fanatical majority. The action of the two committees in the Senate and House of Congress shows an unalterable purpose on the part of the Republicans to reap the fruits of their recent victory, and to abate not a jot or tittle of their Abolition principles. They refuse to reco Page 41 CONFEDERATE AUTHORITIES. 41 nize our rights of property in slaves, to make a division of the terri- tory, to deprive themselves of their assumed constitutional power to abolish slavery in the Territories or District of Columbia, to increase the efficiency of the fugitive slave law, or make provision for the compensation of the owners of runaway or stolen slaves, or place in the hands of the South any protection against the rapacity of an unscrupulous majority. If our present undoubted constitutional rights were reaffirmed in, if possible, more explicit language, it is questionable whether they would meet with more successful execution. Anti-slavery fanaticism would probably soon render them nugatory. The sentiment of the sinfulness of slavery seems to be embedded in the Northern conscience. An infidel theory has corrupted the Northern heart. A French orator said the people of England once changed their religion by act of Par- liament. Whether true or not, it is not probable that the settled con- victions at the North, intensely adverse to slavery, can be changed by Congressional resolutions or constitutional amendments. Under Republican rule the revolution will not be confined to slavery and its adjuncts. The features of our political system which constitute its chief excellence and distinguish it from absolute governments are to be altered. The radical idea of this confederacy is the equality of the sovereign States and their voluntary assent to the constitutional compact. This, from recent indications, is to be changed, so that to a great extent power is to be centralized at Washington, Congress is to be the final judge of its powers, States are to be deprived of a reciprocity and equality of rights, and a common government, kept in being by force, will discriminate offensively and injuriously against the property of a particular geographical section. With Alabama, after patient endurance for years and earnest expos- tulation with the Northern States, the relu& ant conviction has become fixed that there is no safety for her in a hostile Union governed by an interested sectional majority. As a sovereign State, vitally interested in the preservation and security of Africar slavery, she will exercise the right of withdrawing from the compact of union. Most earnestly does she desire the co-operation of sister Southern States in a new confederacy, based on the same principles as the present. Having no ulterior or unavowed purposes to accomplish, seeking peace and friendship with all people, determined that her slave population, not to be increased by importations from Africa, shall iiot be localized and become redundant by excess of growth beyond liberty of expansion, she most cordially invites the concurrent action of all States with common sympathies and common interests. Under an ftbolition Gov- ernment the slave-holding States will be placed under a common ban of proscription, and an institution, interwoven in the very frame-work of their social and political being, must perish gradually or speedily with the Government in active hostility to it. Instead of the culture and development of the boundless capacities and productive resources of their social system, it is to be assaulted, humbled, dwarfed, degraded, and finally crushed out. To some of the States delaying action for new securities the ques- tion of submission to a dominant abolition majority is presented in a different form from what it was a few weeks ago. One State has seceded; others will soon follow. Without discussing the pro- priety of such action, the remaining States must act on the facts as they exist, whether of their own creation or approval or not. To unite with the seceding States is to be their peers as confederates an Page 42 42 CORRESPONDENCE, ETC. have an identity of interests, protection of property, and superior advantages in the contest for the markets, a monopoly of which has been enjoyed by the North. To refuse union with the seceding States is to accept inferiority, to be deprived of an outlet for surplus slaves, and to remain in a hostile Government in a hopeless minority and remediless dependence. It gives me pleasure to be the medium of com- municating with you, and through you to the Legislature of Maryland when it shall be convened. I trust that between Maryland and Ala- bama, and other States having a homogeneous population, kindred interests, and an inviting future of agricultural, mining, mechanical, manufacturing, commercial, and political success, a union, strong as the tie of affection and lasting as the love of liberty, will soon be formed, which shall stand as a model of a free, representative, consti- tutional, voluntary republic. I have the honor to be, with much respect, your obedient servant, J. L. M. CURRY. AN ORDINANCE to dissolve the union between the State of Mississippi and other States united with her under the compact entitled The Constitution of the United States of America. The people of the State of Mississippi, in convention assembled, do ordain and declare, and it is hereby ordained and declared, as follows, to wit: SECTION 1. That all the laws and ordinances by which the said State of Mississippi became a member of the Federal Union of the United States of America be, and the same are hereby, repealed, and that all obligations on the part of the said State or the people thereof to observe the same be withdrawn, and that the said State doth hereby resume all the rights, function~, and powers which by any of said laws or ordinances were conveyed to the Government of the said United States, and is absolved from all the obligations, restraints, and duties incurred to the said Federal Union, and shall from hence- forth be a free, sovereign, and independent State. SEC. 2. That so much of the first section of the seventh article of the constitution of this State as requires members of the Legislature and all officers, executive and judicial, to take an oath or affirmation to support the Constitution of the United States be, and the same is hereby, abrogated and annulled. SEC. 3. That all rights acquired and vested under the Constitution of the United States, or nuder any act of Congress passed, or treaty made, in pursuance thereof, or under any law of tifis State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed. SEC. 4. That the people of the State of Mississippi hereby consent to form a federal union with such of the States as may have seceded or may secede from the Union of the United States of America, upon the basis of the present Constitution of the said United States, except such parts thereof as embrace other portions than such seceding States. Thus ordained and declared in convention the 9th day of January, in the year of our Lord 1861. WILLIAM S. BARRY, President. F. A. POPE, Secretary Page 43 43 CONFEDERATE AUTHORITIES. In testimony of the passage of which and the determination of the members of this convention to uphold and maintain the State in the position she has assumed by said ordinance, it is signed by the presi- dent and members of this convention this the 15th day of ~January, A. D. 1861. OFFICE OF SECRETARY OF STATE, Jackson, iWiss. I, C. A. Brougher, secretary of state of the State of Mississippi, do hereby certify that the above is a correct copy of the original ordi- nance of secession as the same remains on file in my office. Given under my hand and the great seal of the State of Mississippi, hereto affixed, this the 17th day of January, A. D. 1861. [SEAL.] - C. A. BROUGHER, Secretary of State. [JANUARY 9, 1861.For order of Governor Moore, of Louisiana, authorizing the enrollment of a company of volunteers for four months service, see Series I, Vol. LIII, p. 611.] AN ORDINANCE to dissolve the union between the State of Alabama and other States united under the compact styled The Constitution of the United States of America. * Whereas, the election of Abraham Lincoln and Hannibal Hamlin to the offices of President and Vice-President of the United States of America by a sectional party avowedly hostile to the domestic insti- tutions and to the peace and security of the people of the State of Alabama, preceded by many and dangerous infractions of the Con- stitution of the United States by many of the States and people of the Northern section, is a political wrong of so insulting and menacing a character as to justify the people of the State of Alabama in the adoption of prompt and decided measures for their future peace and security: Therefore, Be it declared and ordained by the people of the State of Alabama in convention assembled, That the State of Alabama now withdraws, and is hereby withdrawn, from the Union known as the United States of America, and henceforth ceases to be one of said United States, and is, and of right ought to be, a sovereign and independent State. SEC. 2. Be it further declared and ordained by the ~people of the State of Alabama in convention assembled, That all the powers over the territory of said State and over the people thereof heretofore del- egated to the Government of the United States of America be, and they are hereby, withdrawn from said Government, and are hereby resumed and vested in the people of the State of Alabama. Be it resolved by the people of Alabama in convention assembled, That the people of the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Florida, Georgia, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky, and Missouri be, and are hereby, invited to meet the people of the State of Alabama, by their delegates in convention, on the 4th day of February, A. D. 1861, at the city of Montgomery, in the State of Alabama, for the purpose of * From Journal of the Alabama Convention Page 44 44 CORRESPONDENCE, ETC. consulting with each other as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for our common peace and security. And be it Jurt her resolved, That the president of this convention be, and is hereby, instructed to transmit forthwith a copy of the foregoing preamble, ordinance, and resolutions to the Governors of the several States named in said resolutions. Done by the people of the State of Alabama, in convention assem- bled, at Montgomery, on this the 11th day of January, A. D. 1861. Mr. Clemens, from the minority of the same committee, made a report with resolutions, as follows: The undersigned, a minority of the committee of thirteen, to whom was referred all matters touching the proper mode of resistance to be adopted by the State of Alabama in the present emergency, beg leave to present the following report: Looking to harmony of action among our own people as desirable above all other things, we have been earnestly desirous of concurring with the majority in the line of policy marked out by them, but after the most careful consideration we have been unable to see in separate State secession the most effectual mode of guarding our honor and securing our rights. Without entering into any argu- ment upon the nature and amount of our grievances, or any speculations as to the probability of our obtaining redress and security in the Union, but looking alone to the most effectual mode of resistance, it seems to us that this great object i, best to be attained by the concurrent and concerted action of all the States inter- ested, and that it becomes us to make the effort to obtain that concurrence before deciding finally and conclusively upon our own policy. We are further of opinion that in a matter of this importance, vitally affecting the property, the lives, and the liberties of the whole people, sound policy dictates that an ordinance of secession should be submitted for their ratification and approval. To that end the resolutions which accompany this report have been prepared and are now submitted to the convention. The undersigned purposely refrain from a detailed statement of the reasons which have brought them to the conclusions at which they have arrived. The action proposed by the majority of the committee is, in its nature, final and ~conclusive; there is no chance for rehearing or revision; and we feel no disposition to submit an argument, whose only effect will be to create discontent and throw difficulties in the way of a policy the adoption of which we are powerless to prevent. In submitting our own plan, and using all fair and honorable means to secure its acceptance, our duty is fully discharged. To insist upon objections, when they can have no effect but to excite dissatisfaction among the people, is alike foreign to our feelings and our conceptions of patriotic duty. The resolutions hereinbefore referi~ed to are prayed to be taken as part of this report, and the whole is herewith respectfully submitted. JERE. CLEMENS. DAVID P. LEWIS. WM. 0. WINSTON. A. KIMBALL. R. S. WATKINS. R~ JEMISON, JR. Whereas, repeated infractions of the Constitution of the United States by the people and States of the Northern section of the confederacy have been followed by the election of sectional candidates, by a strictly sectional vote, to the Presi- dency and Vice-Presidency of the United States, upon a platform of principles insulting and menacing to the Southern States; and whereas, it becomes a free people to watch with jealous vigilance and resist with manly firmness every attempt to subvert the free and equal principles upon which our Government was originally founded and ought alone to be maintained: Therefore, Be it resolved by the people of Alabama in convention assembled, That the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky, and Mis- souri be, and they are hereby, requested to meet us in general convention in the city of Nashville, in the State of Tennessee, on the 22d day of February, 1861, for the purpose of taking into consideration the wrongs of which we have cause to complain, the appropriate remedy therefor, and the time and manner of its application Page 45 CONFEDERATE AUTHORITIES. 45 Be it further resolved, That the State of Alabama shall be represented in said convention by nine delegates, one to be selected from each Congressional district and two from the State at large, in such manner as shall hereafter be directed and provided for bythis convention. Be it further resolved, That our delegates selected shall be instructed to submit to the general convention the following basis of a settlement of the existing diffi- culties between the Northern and the Southern States, to wit: 1. A faithful execution of the fugitive slave law and a repeal of all State laws calculated to impair its efficacy. 2. A more stringent and explicit provision for the surrender of criminals charged with offenses against the laws of one State and escaping into another. 3. A guaranty that slavery shall not be abolished in the District of Columbia, or in any other place over which Congress bas exclusive jurisdiction. 4. A guaranty that the interstate slave-trade shall not be interfered with. 5. A protection to slavery in the Territories, while they are Territories, and a guaranty that when they ask for admission as States they shall be admitted into the Union with or without slavery as their constitutions may prescribe. 6. The right of transit through free States with slave property. 7. The foregoing clauses to be irrepealable by amendments to the Constitution. Be it further resolved, That the basis of settlement prescribed in the foregoing resolution shall not be regarded by our delegates as absolute and unalterable, but as an indication of the opinion of this convention, to which they are expected to conform as nearly as may be, holding themselves, however, at liberty to accept any better plan of adjustment which may be insisted upon by a majority of the slave-holding States. Be it further resolved, That if the foregoing proposition for a conference is refused or rejected by any or all of the States to which it is ad~essed, Alabama, in that event, will hold herself at liberty, alone or in- con~unction with such States as may agree to unite with her, to adopt such plan of resistance and mature such measures as in her judgment may seem best calculated to maintain the honor and secure the rights of her citizens; and in the meantime we will resist by all means at our command any attempt on the part of the General Gov- ernment to coerce a seceding State. Be it further resolved, That the president of this convention be instructed to transmit copies of the foregoing preamble and resolutions to the Governors of each of the States therein named. And also the following resolution from the same: Be it resolved by the people of Alabama in convention assembled, That an ordi- nance of secession from the United States is an act of such great importance, involving consequences so vitally affecting the lives, liberty, and property of the citizens of the seceding State, as well as of the States by which it is surrounded and with which it has heretofore been united, that in our opinion ft should never be attempted until after the most thorough investigation and discussion, and then only after a full and free ratification at the polls by a direct vote of the people, at an election held under the forms and safeguards of the law in which that single issue, untrammeled and undisguised in any manner whatever, should alone be submitted. Mr. Clemens moved that the preamble and first series of resolutions be taken np and substituted for the ordinance. The ayes and noes were demanded. The yeas and nays were then called onthe motion of Mr. Clemens, and it was lost. Yeas 45, nays~ 54. * * * * * * * Mr. Clemens offered the following amendment: Provided, however, That this ordinance shall not go into effect until the 4th day of March, 1861, and not then unless the same shall have been ratified and confirmed by a direct vote of the people. The yeas and nays were taken on the amendment, and wereyeas 45, nays 54; and the amendment was lost. * * * * * * Page 46 46 CORRESPONDENCE, ETC. TALLAHASSEE, FLA., January 11, 1861. Hon. J. C. MCGEHEE, President of Convention: SIR: I am indebted to the convention of Florida and the people whom they represent for so mnch kindness and courtesy during my stay here as the commissioner of Alabama that I am unwilling to depart without some formal expression of my gratitude. Be pleased to communicate to them my high appreciation both for myself and on behalf of the State of Alabama of the warmth and cordiality with which I have been received and treated, and my firm conviction, founded on the very recent assurances of her Chief Magistrate, as well as my own judgment, that the secession of Alabama cannot be delayed beyond the present week. Not long divided in their withdrawal from a Union of irrepressible conflict, I fervently hope that Florida and Alabama will soon be united in that new union of brotherly love in which a homogeneous people, taking their destiny into their own hands, shall exhibit to the world the highest development of free government and the noblest phase of true civilization. With very great respect, your obedient servant, E. C. BULLOCK. SEVENTH DAY.* * * * * * * Mi~ Bragg, by leave, read dispatch from Mobile, as follows: MOBILE, January 13, 1861. JOHN BRAGG: Have you passed the ordinance for collection of duties, clearance of vessels, and disposing of U. S. property? I have resigned and I hold treasure for the State, waiting its instructions. Please answer. THADDEUS SANFORD. * * * * * * * Mr. Baker, of Barbour, by leave, read a dispatch from Governor Perry, of Florida, as follows: TALLAHASSEE, FLA., January 14, 1861. Governor A. B. MOORE, Executive Department: Telegraph received. Can you send 500 stand of arms to Colonel Chase? M. S. PERRY. The communication from Messrs. Pugh and ~~urry, former mem- bers of Congress from this State, was read as folloWs: MONTGOMERY, ALA., January 10, 1861. Hon. WILLIAM M. BROOKS, President of the Convention: SIR: In response to the resolution adopted by the convention requesting us to communicate in writing any facts or information which may be in our possession touching the action of Congress and the purpose of the Black Republican party which would aid the body in its deliberations, we state, with a due appreciation of the high compliment contained in such a request, that the facility and fre- quency of communication between this city and Washington are so great as to render accessible to every reader of the public prints nearly every source of information which is open to a member of Congress. It gives us pleasure to comply, so far as we can, in presenting the object of your assembling. Early in the session a committee of thirty-three was appointed by the House of Representatives to consider the perilous condition of public affairs and report * From Journal of the Alabama Convention, January 14, 1861 Page 47 CONFEDERATE AUTHORITIES. 47 thereon to the House. The material of that committee represented the conserv- atism of the U~nion men South and the Republicans North. After frequent attempts to agree on some adjustment of political difficulties several Southern members withdrew from its deliberations, and the committee at last utterly failed to adopt or agree upon any terms satisfactory to the most moderate and yielding. At a later day a committee of thirteen, for a similar purpose, was appointed by the Senate. It was composed of the representative men of both sections and all parties, and after several fruitless and earnest efforts reported inability to agree upon any plan of settlement. The belief prevails with no well-informed man of either section in Congress, excepting those who are willing to submit without terms to the election of Lincoln and Hamlin, that any settlement can be had in the Union. The deter- mination is universal with the Republicans of all degrees of hostility to slavery to abate nothing from their principles and policy as defined in the Chicago platform. It is the fixed purpose of the Republican party to engraft its principles and policy upon the Federal Government. Prominent Republicans have represented to us that if they were faithless enough to retract from the platform on which they obtained power their constituents would crush them. We have been assured by many resistance men in the border slave-holding States that they have no hope of a settlement of existing difficulties in the Union and are anxious for the cotton States to secede promptly. Some favor, or have favored, a consultation of all the Southern States to negotiate for new guaranties, with but little or no expectation of obtaining theni, but for the purpose, in the event of failure, of securing the ultimate contemporaneous secession of such States. Our settled conviction is that a large majority of our friends in the Border States disposed to resist Republican ascendency desire the immediate secessipn of the cotton and Gulf States, in which event the only question left for such States will be to select between the seceding and friendly States and a hostile Government, and on the determination of that issue there will be but an inconsiderable opposition. It is the concurrent opinion of many of our friends in the Border and Northern States that the secession of the cotton States is an indispensable basis for a recon- struction of the Union. Possibly the most important fact we can communicate is that the opinion generally obtained in Washington that the secession of five or more States would prevent or put an end to coercion, and the New York Tribune, the most influential of Republican journals, concedes that the secession of so many States would make coercion impracticable. We have the honor to be, iuost respectfully, your obedient servants, J. L. PUGH. J. L. M. CURRY. After the reading the document was laid on the table. Mr. iDowdell offered the following resolution, which was adopted: Resolved by the people of the State of Alabama in convention assembled, That the commissioners heretofore appointed by the Governor of this State to the sev- eral slave-holding States be, and they are hereby, directed to present to the con- ventions of said States the preamble, ordinance, and resolutions adopted by the people of the State of Alabama, in convention, on the 11th day of January, 1861, and to request their consideration of and concurrence in the first resolution. EXECUTIVE DEPARTMENT, Afontgomery, Ala., January 14, 1861. GENTLEMEN OF THE HOUSE OF REPRESENTATIVES: Events of the utmost moment have rendered it necessary that your body should be assembled. At the last session of the General Assembly joint resolutions were adopted making it my duty, in the event of the election of a President by the Black Republican party of the United States, to issue my proclamation to the qualified voters to elect delegates to a convention of the State to consider, deter- mine, and do whatever, in the opinion of said convention, the rights, interests, and honor of the State of Alabama required to be done for their protection Page 48 48 CORRESPONDENCE, ETC. The result of the election by the popular vote clearly manifested the certainty of the election of their candidate by that party, and on the 6th day of December, 1860, he was elected by a majority of the electoral vote of the United States. The contingency provided for in the joint resolutions having occurred, I felt it my duty to obey their instructions at the earliest moment afterward, and on the 7th day of December, 1860, issued my proclamation accordingly, and also issued to the sheriffs of the several counties in the State the necessary writs of election to be held on the 24th day of December last. Before this convention assembled great and important changes had taken place in public affairs, and especially in some of the Southern States. South Carolina, acting under a sense of the common wrong and threatened danger to her sister slave-holding States, in the exercise of her sovereignty, in a convention of her people, on the 20th day of December, 1860, repealed the ordinance by which she ratified the Con- stitution of the United States, as the compact of union between her- self and the other States, and resumed all the powers which, by that compact, she delegated to the Government of the United States. Florida, Mississippi, Georgia, Texas, and Louisiana also called con- ventions of their people to consider of the exigencies pressing upon them, and the two first have followed the example of South Carolina and withdrawn from the union with the United States, and there can be no question that the others will do the same. The action of the people of Alabama in their convention in with- drawing from the Federal Union is already known to you. This exer- cise of the sovereign power of the State to protect the rights, interest, and honor of her people, in my opinion, must be regarded as one of wisdom, and, indeed, of political necessity. The rights of the State and the interest of her citizens were no longer protected in the Union, and unless it was determined to abandon all hope of their preservation no other resource was left than to withdraw from the Union and throw off a government that failed to secure them. Whatever differences of opinion may have existed as to the proper course of the State, it gives me pleasure to say that I have the strongest assurances that they will all cease, and that all the citizens of the State, in obedience to this organic law of the sovereign power, will sacrifice their objections on the altar of their country, and with one heart sus- tain the State in this great movement of deliverance and liberty. I believe it will require all the courage, fortitude, and patriotism of her sons to meet and overcome the approaching storm; but I have an abiding confidence that they will prove themselves equal to the emer- ~ency and deserving the great destiny that awaits them in the future. The events that occurred in the harbor of Charleston after the seces- sion of South Carolina are matters of history. The accounts received from Washington all tended to induce the conviction that the Govern- ment of the United States intended to adopt a system of coercion against all the States that might secede from the Union. Governor Brown, of Georgia, acting upon this belief, seized upon Fort Pulaski, at the mouth of the Savannah River, in the name of the State of Georgia, and telegraphed me of that event. Satisfied that the State of Alabama would not remain in the Union, and in view of the indica- tions of intention on the part of the Federal Government to coerce the seceding States, I could no longer hesitate as to the course my duty to the State required me to pursue. I could not wait until that Govern- ment had thrown troops into the forts commanding the entrance into the harbor of Mobile, and thus place that city and the State at th Page 49 CONFEDERATE AUTHORITIES. 49 mercy of the ships of war of the United States. To regain possession of these posts~ would have cost the State thousands of treasure and the best blood of her sons. There were in the arsenal of the United States at Mount Vernon, on the Alabama River, a large supply of powder and small-arms, which might be used against the State. Acting under these considerations, I transmitted orders by telegraph, on the night of January, to , at Mobile, to take possession of Forts Morgan and Gaines, at the mouth of Mobile Harbor, and of the arsenal at Mount Vernon, with all their arms, ammunition, and equipments, and hold them in the name of the State of Alabama. It gives me pleasure and pride to make known the gallantry and promptitude with which this order was responded to by the officers and men selected for that purpose. The dispatch was sent from this place at 9 a. in., and the forts, forty miles from Mobile, were taken possession of on the next night, and the arsenal, some fifty miles from Mobile, was seized about daylight next morning, and they are now held in the name of this State by her volunteer troops. In the forts were some hundred cannon32 and 24 pounder gunsand in the arsenal about 22,000 stand of small-arms and 150,000 pounds of powder. Of the small-arms about 2,000 were Mississippi rifles and the remainder muskets. I directed the officers in command at these posts to make out an accurate inventory of the arms and materials thus obtained. As soon as I was informed that these posts were in possession of the troops of the State I communicated the facts to the President of the United States, with a summary of the reasons which induced my action,* to which he has not replied. If more specific information of the arms and conditions of the forts is desired I will furnish it with pleasure. Early in December last I was urged to convoke the Legislature for the purpose, among others, of authorizing the banks of the State to suspend specie payments in order to relieve the community in their embarrassed condition. I declined at that time to do so for the reasons stated by me in an address to the people of the State, a copy of which address is hereto attached, ~ and to which I beg to call your attention. In view of the condition of the State, and the absolute necessity of her having money on her secessionand which event I confidently anticipatedI made arrangements with the two banks in Mobile, the Commercial Bank at Selma, the Central Bank at Mont- gomery, and the Eastern Bank at Eufaula that they should, if required by the Legislature, furnish to the State a loan of *1,000,000 in specie or its equivalent. I requested and urged upon them to suspend payments of specie for the purpose of furnishing the sum designated to t~e State, and to relieve the community as far as possible by such assistance as they would then be able to give. This amount of $1,000,000 is to be advanced by the several banks in proportion to their respective capitals. The two banks at Mobile agreed to advance a proportional part of the above sum, but declined to suspend. The Commercial Bank, the Central Bank, and the Eastern Bank agreed to advance their respective proportions and suspended specie payments, upon my promise to institute no proceedings against them, and to urge upon the General Assembly the propriety of its sustaining such suspensions. The circumstances under which these latter banks * See Series I, Vol. I, p. 327. f See December 17, 1860, p. 31. 4 R RSERIES Iv, VOL Page 50 50 CORRESPONDENCE, ETC. acted, and the motives which prompted them, commend their conduct to the approval of every patriotic citizen of the State, and I earnestly suggest that the Legislature, by legal enactments, sanction their suspension. I would further recommend that the other banks of the State be severally authorized to suspend on lending to the State, in specie or its equivalent, a sum in proportion to their respective cap- itals, of like amount with that agreed to be fnrnished by the first- named banks, and to be secured in like manner. In the important change of the condition of the State other and more enlarged duties devolve upon you for consideration. From all the indications it is to be inferred that this State must maintain her sovereignty and independence by force of arms. The Government of the United States, in its infatuation, seems determined to use force against some or all of the seceding States. Alabama cannot expect to escape while her sister States are subjected to this last argument of kings. Even if no hostile demonstration was made against her, it would not become her dignity, or honor, or interest to stand by and see the power of the Government of the United States used to crush a single slave-holding State. The instincts of self-preservation would compel Alabama to aid such slave-holding State, engaged in the same cause and having the same destiny, with all the means in her power. We desire peace with all the world, and especially with the Govern- ment of the United States and the other States composing the United States. To obtain permanent peace and security of our rights we withdraw from the Union; but the best way to obtain these is to be prepared for war, and if the dread alternative is presented not to shrink from the contest, but meeting it as freemen leave the conse- quence to that Being who holds in His hands alike the destiny of men and nations. I would recommend, then, that the State of Alabama be placed, at as early a period as practicable, upon the most efficient war footing. The first requisites of this condition are money, men, and arms. I have already indicated that a loan of $1,000,000 has been secured from the banks. I would recommend that yofr adopt the necessary steps to have this agreement consummated. I would further recommend that the State borrow another $1,000,000 on her bonds in sums of $500 and $1,000 each, bearing interest at 8 per cent., with the interest payable annually, and to be sold within the State at parthe bonds payable in not less than ten years. I would also advise that execu- tors, administrators, guardians, and all other trustees having trust funds to invest be authorized to invest such funds in these bonds. Not only will these securities be sought after for investment, but thousands of patriotic hearts who have not .the ability of the noble sons of South Carolina to make gratuitous contributions will thus be enabled to throw in their mite for the support of the same glorious cause. I would also suggest that the General Assembly make provision for raising, arming, and officering a regular force of troops of the State, and adopt such army regulations therefor as may be necessary. The regulations for the Army of the United States might form a basis for the system. Enlistments for twelve months, two years, or to the close of hostilities might be adopted, to be ended when the necessity for their services shall cease. In the latter case it might be well to provide, when they are discharged, for a bounty to be paid them Page 51 CONFEDERATE AUTHORITIES. 51 The mode of furnishing officers for such a force is one of some difficulty. Whether the commissioned officers should be selected by the men over whom they are to exercise command, or be appointed in some other way, I leave to the wisdom of your bodies. But I would recommend where companies, battalions, or regiments offer their services as such, to serve for the time specified in the regulations, that they be allowed to select their own commissioned officers. In making this suggestion for a regular force I am not to be under- stood as expressing a want of confidence in the patriotism of our nillitia, and especially the volunteers. Their bravery and patriotism have been too well established to entertain a doubt that they would acquit themselves on all proper occasions in such manner as to add increased honor to their achievements in the field. Experience has proved that, however efficient such troops are for sudden occasions or for short campaigns, it will not do to rely upon them to sustain a long, protracted contest. The greatest difficulties experienced by General Washington in the Revolutionary war, and by General Jackson in his Creek campaigns, arose from the expiration of the term of service of the militia under their commands. Moreover, it is probable that the principal service demanded by the State from her troops will be in garrison, and he who has seen service of that character knows how tedious and irksome such a life is to the citizen soldier. As to the various appropriations and mode of disbursing the sums raised on the bonds of the State, I leave that to your consideration. In connection with the above subjects I cannot too earnestly impress upon you the importance of the appointment of a military board. With my inexperience in military affairs, and the inefficient military organization of the State, such a body is imperatively demanded in the present exigency. I am too sensible of my deficiency in military matters to make any suggestion as to the power and duties of such a board, but you have in your bodies militaPy men who understand and can define the necessary extent of their powers. I would, however, recommend that it consist of four persons, to be selected by the Legislature, or in such other manner as may be deemed best by you, with such rank and pay as would be commensurate with their duties. The condition of many families of the poorer classes in the State demand consideration. That there will be much suffering and priva- tion, and perhaps starvation, is greatly to be feared unless some pro- vision against these contingencies is made by the Legislature. After an anxious consideration on this subject I would recommend that the court of county commissioners of each county be empowered to levy and collect a tax in their several counties for the purpose of raising funds to purchase food for their suffering population and to appoint an agent to make the purchases. If it is found this tax cannot be collected in time for the relief of the suffering, then to pledge the public property of the county, by mortgage or otherwise, for money to be borrowed for that purpose. But in no event is this public prop- erty to be disposed of under such mortgage or other pledge until ample time has been given for the collection of such tax; and when col- lected it shall be applied to the extinguishment of such debt of the county. The details of this measure I leave to your consideration. I am compelled by the necessities of this department to suggest that the Governor have the authority to appoint two secretaries. The duties devolving upon the office at this time leave the Executive no leisure but to direct. The correspondence is voluminous and. th Page 52 52 CORRESPONDENCE, ETC. duty of attending to that office is arduous. They should be paid a salary by the State, quarterly, with power in the Executive at the end of any quarter to discharge them when their services should be no longer needed; or, when he thought necessary, to discharge such as he thought proper and to appoint others in their stead. I am also compelled to call your attention to the increase of the contingent fund. Under ordinary circumstances the amount under the present law at the control of the Executive would be ample, but the present emergency requires that this sum of $12-,000 be increased, and I recommend that $13,000 more be added, making this fund the sum of $25,000. At your last session the General Assembly made an appropriation for the purchase of arms and ammunition, under the direction of this department. I have purchased about 9,000 stand of small-arms, 10 brass rifled cannon (6-pounders) and 2 columbiads, 20,000 pounds of lead, 700 kegs of powder of 28 pounds each, and 1,500,000 caps. The cannon have not yet arrived, but I am expecting them daily. The convention on the instant authorized me to dispatch troops from this State to aid the State of Florida in taking possession of the forts at the mouth of Pensacola Harbor. Accordingly on the instant I ordered 300 men from Mobile by water, and dispatched five companies, under -the command of Colonel Lomax, by railroad from this place, to proceed to Pensacola. After the troops left here I received information that on the night of the instant all the positions on the west side of Pensacola Bay were abandoned by the forces of the United States which had been concentrated at Fort Pickens, on Santa Rosa Island. The occupation of this fort enables them to command the entrance to the bay and harbor of Pensacola, and as the troops from Mobile were to approach by water, I directed them by telegraph to proceed no farther in the expedition. The troops from this place arrived at Pensacola on the night of the instant and are now encamped there. If it should be deemed prac- ticable they will aid in storming Fort Pickens, and for that purpose they remain there. I also had intelligence that a considerable force of ships of war and troops of the United States had been ordered to rendezvous at Pensacola, and probably to make a demonstration on the forts at the mouth of Mobile Bay, or some other point in that vicinity. I therefore ordered five other companies to Mobile to aid in defending whatever point may be assailed. Your attention is called to the necessity of making some provision for the payment of the expenses of these expeditions. In connection with the subject of placing the State in an efficient state to protect herself, I have a suggestion to make which I thought prudent to reserve for a separate and secret communication, and which I am ready to make when your bodies are ready to receive it. In closing this message I cannot but invoke the blessings of the Most High and Omniscient God upon all your deliberations, and that we may be saved from the horrors of war and enjoy the blessings of peace; that our liberties may be preserved, and that our beloved State may enjoy an uninterrupted career of prosperity and greatness. A. B. MOORE. [JANUARY 14, 1861.For orders of Governor Moore, calling into ~wtiye service the miliVh~ of Louisiana, see series I, Vol. LIII, p. 612. Page 53 CONFEDERATE AUTHORITIES. 53 EIGHTH DAY.* Mr. Cochran, from the Committee on the Constitution, reported the following ordinance, which was adopted: AN ORDINANCE to change the oath of office in thi~State. Be it declared and ordained, and it is hereby declared and ordained, by the people of the State of Alabama in convention assembled, That the first section and sixth article of the constitution of the State of Alabama be amended by striking out of the fifth line of said section the words Constitution of the United States and the after the word the and before the word Constitution where they occur. And be it further ordained as aforesaid, That all officers in this State are hereby absolved from the oath to support the Constitution of the United States hereto- fore taken by them. MONTGOMERY, ALA., January 15, 18G1. His Excellency ANDREW B. MOORE, Governor of Alabama: SIR: Under the authority of the commission conferred by Your Excellency, and in discharge of the duties imposed by it, I reached Tallahassee on the 3d day of January, at which place and time the convention of the State of Florida assembled. That body, without having effected a permanent organization, after a very brief session, adjourned until Saturday, the 5th instant, the intervening Friday hav- ing been observed as a day of fasting and prayer. On Saturday His Excellency Governor Perry, to whom my credentials had been pre- viously presented, communicated the fact of my presence as commis- sioner from Alabama to the convention. On Monday, the 7th instant, I was, together with the commissioner from South Carolina, Hon. IL. W. Spratt, formally introduced to the convention by a committee appointed for the purpose, and had the honor to set forth in an address before that body the views entertained by the State of Alabama, as since indicated by the action of her convention, as to the best mode of protecting the rights, interests, and honor of the slave-holding States, urging the promptest action as, under the circumstances, the truest wisdom and as furnishing the best hope of a peaceful solution of our difficulties. The friendly voice of Alabama, however feebly uttered, was heard with the most respectful attention, and the opinions expressed seemed to meet the hearty countenance of a large propor- tion of the convention. On the evening of Monday a~resolution affirming the right and necessity of speedy secession, which had been introduced on Saturday, was adopted by a vote of 62 to 5, and a com- mittee was appointed to prepare the ordinance of secession, which was reported on Wednesday, the 9th instant. Several amendments, intended to delay any action until after the secession of Georgia and Alabama should be first accomplished or until the ordinance of seces- sion should be ratified by a vote of the people of Florida, were pro- posed, but they were all lost by decisive votes. On Thursday, the 10th instant, several gentlemen of the minority, who had warmly sup- ported these amendments and attached very great importance to them, avowed their purpose, notwithstanding their failure, to record their votes in favor of the ordinance of secession, thus nobly sacrificing their personal views upon the altar of their country, and at 12.20 *Fr~ the Journal of the Alabama Convention, January 15, 1861 Page 54 54 CORRESPONDENCE, ETC. oclock on that day I had the extreme gratification to witness its pas- sage by a vote of 62 to 7, every member of the convention having been present. I have appended to this report a copy of the ordinance as adopted. It is due to the minority to state that no voice in the convention was raised in favor of submission to Black Republican rule, and that their whole aim seemed to be to make the secession of Florida follow instead of preceding that of Alabama and Georgia. If there was a man in Florida who, with these two States out of the Union, desired her to remain in it, his opinions certainly found no organ in the convention. The main facts herein stated in respect to the action of the State of Florida were immediately communicated to Your Excell& ncy by tele- graph, in order that they might at once be made known to the con- vention. It only remains to add that the warmth and cordiality with which I was greeted by the Governor, the convention of Florida, and the people whom they represented, as the commissioner of Alabama, afforded the most gratifying proof that the strong ties of a common cause, a common danger, and a common destiny were deeply felt and appreciated, and the best reasons for hoping that the two States, divided by but a single day in their exodus from a union of irre- pressible conflict, will soon be closely joined in that new union of brotherly love in which a homogeneous people, taking their destiny into their own hands, shall exhibit to the world the noblest phase of free government and the highest development of true civilization. With great respect, I have the honor to be, Your Excellencys obe- dient servant, E. C. BULLOCK. ORDINANCE OF ~SECESSION. lYe, the people of the State of Florida, in convention assembled, do solemnly ordain, publish, and declare, That the State of Florida hereby withdraws herself from the confederacy of States existincr under the name of the United States of America and from the existing Govern- ment of the said States; and that all political connection between her and the Government of said States ought to be, and the same is hereby, totally annulled, and said Union of States dissolved; and the State of Florida is hereby declared a sovereign and independent nation; and that all ordinances heretofore adopted, in so far as they create or recognize said Union, are rescinded; and all laws or parts of laws in force in this State, in so far as they recognize or assent to said Union, be, and they are hereby, repealed. MILLEDGEVILLE, GA., January 16, 1861. Hon. GEORGE W. CRAWFORD, President of the Convention of the State of Georgia: SIR: I have the honor herewith to transmit the certificate of my appointment as commissioner from the State of Alabama to the con- vention of the State of Georgia, and also a duly authenticated copy of the ordinance of secession* and accompanying resolutions adopted by the convention of Alabama on the 11th instant, together with a resolution of the convention concerning my instructions, in which I am particularly directed to request of the convention of the State of Georgia the consideration of and concurrence in the first resolution *5cc p. 43 Page 55 55 CONFEDERATE AUTHORITIES. adopted by the convention of the State of Alabama, inviting the peo- ple of Georgia and of the other slave-holding States to meet the people of Alabama, by their delegates, in convention on the 4th day of Feb- ruary, 1861, at the city of Montgomery, in the State of Alabama, for the purpose of consulting with each other as to the most effectual mode of securing concerted and harmonious action in whatever meas- ures may be deemed most desirable for our common peace and secu- rity, it being the desired purpose of the people of Alabama to meet the slave-holding States who may approve such purpose in order to frame a provisional as well as a permanent government upon the principles of the Constitution of the United States. I have the honor to be, with high consideration, your obedient servant, JNO. GILL SHORTER. [Inelosuro No. 1.] EXECUTIVE DEPARTMENT, ]Iliontgomery, Ala., December 21, 1860. Whereas, the election of Abraham Lincoln, a Black Republican, to the Presidency of the United States by a purely sectional vote and by a party whose leading and publicly avowed object is the destruction of the institution of slavery as it exists in the slave-holding States; and whereas, the success of said party and the power which it now has and soon will acquire greatly endanger the peace, interests, security, and honor of the slave-holding States, and make it necessary that prompt and effective measures should be adopted to avoid the evils which must result from a Republican administration of the Federal Government, and as the interests and destiny of the slave-holding States are the same, they must naturally syftipathize with each other, they therefore, so far as may be practicable, should consult and advise together as to what is best to be done to protect their mutual interests and honor: Now, therefore, in consideration of the premises, I, Andrew B. Moore, Governor of the State of Alabama, by virtue of the general powers in me vested, do hereby constitute and appoint Hon. John Gill Shorter, a citizen of said State, a commissioner to the sovereign State of Georgia, to consult and advise with His Excellency Governor Joseph E. Brown and the members of the convention to be assembled in said State, as to what is best to be done to protect the rights, interests, and honor of the slave-holding States, and to report the result of such consultation in time to enable me Lo communicate the same to the convention of the State of Alabama to be held on Monday, the 7th day of January next, if practicable. In testimony whereof I have hereunto set my hand and caused the great seal of the State to be affixed in the city of Montgomery this 21st day of iDecember, A. D. 1860. A. B. MOORE. [Inclosure No. 2.] MoNTGOMERY, ALA., January 14, 1861. Hon. JOHN GILL SHORTER: DEAR SIR: The following resolfttion was passed by the convention in session to-day: Resolved by the people of Alabama in convention assembled, That the com- missioners heretofore appointed by the Governor of this State to the several State Page 56 56 CORRESPONDENCE, ETC. be, and they are hereby, directed to present to the conventions of said States the pre- amble, ordinance, and resolutions adopted by the people of the State of Alabama, in convention, on the 11th day of January, 1861, and to request their consideration of and concurrence in the first resolution. With the above resolution is herewith transmitted to you, by order of the convention, a certified copy of the preamble, ordinance, and resolution referred to. Respectfully, WILLIAM M. BROOKS, President of the Convention. MONTGOMERY, January 16, 1861. His Excellency A. B. MOORE: SIR: By authority of Your Excellencys commission I proceeded to Nashville, Tenn., where, on the 9th instant, I addressed, by invita- tion, both branches of the Legislature of that State. I beg to report as the result of my mission that there is, in my opinion, no doubt that Tennessee will unite with the Gulf States in forming a Southern con- federacy. The right or wrong of secession is not the question sub- mitted for their determination. That may very well be pretermitted in that State. The Union is dissolved without their action, and the practical question for them to decide is, Shall they go with the North or with the South? And in deciding this question the result is obvious. There is a geographical necessity that Tennessee shall unite with the South. Her trade, like the waters of her beautiful rivers, flows south- ward, and being homogeneous in opinion, in character, and in civili- zation, her natural sympathies are stimulated by her commercial necessities and make her drift quietly and surely into the union of the Southern States. I consider this result as absolutely certain. I cannot close this communication without acknowledging in behalf of my State the marked and cordial courtesy with which I was received by all parties in Tennessee. With sentiments of high consideration and regard, I am, very truly, your friend, L. P. WALKER. MILLEDGEVILLE, GA., January 16, 1861. Hon. GEORGE W. CRAWFORD, President of the Georgia State Convention: SIR: I have the honor to inclose you herewith my credentials as commissioner from the convention of the people of the State of South Carolina to the convention of the people of the State of Georgia. In execution of the trust confided to me I also inclose you a copy of the ordinance of secession passed by the convention on the 20th of Decem- ber, 1860. * I am instructed by the convention of South Carolina to submit to the convention of Georgia as the basis of a provisional government for such States as shall have withdrawn from their con- nection with the Government of the United States of America, the Federal Constitution, provided that the said provisional government and the tenures of all officers and appointments arising under it shall cease and determine in two years from the 1st day of July next, or when a permanent government shall have been organized. I am *See p. 1 Page 57 CONFEDERATE AUTHORITIES. 57 likewise instructed to invite the seceding States to meet in conven- tion at such time and place as may be agreed upon for the purpose of forming and putting in motion such provisional government, so that it shall be organized and go into effect at the earliest period previous to the 4th of March, 1861; and that the same convention shall then proceed forthwith to consider and propose a constitution and plan for a permanent government for such States, which proposed plan shall be referred back to the several State conventions for their adoption or rejection. The convention further suggests that each of the seceding States send to the general convention as many deputies as are equal in number to the number of Senators and Representatives to which it was entitled in the Congress of the United States. The convention of South Carolina have elected eight deputies to represent them in the general convention, but declined to indicate either time or place for its meeting. The State of Alabama having proposed the 4th of February as the time and the city of Montgomery as the place for the assembling of the general convention, I feel myself fully authorized to say that the time and place will be entirely acceptable to the convention of South Carolina. You will please lay before the convention this communication and its inclosures. I have the honor to be, sir, very respectfully, your obedient servant, JAMES L. ORR, Commissioner from South Carolina. [Inclosure.] THE STATE OF SOUTH CAROLINA. Whereas, James L. Orr has been duly elected by a vote of the con~ vention of the people of South Carolina to act as a commissioner to the convention of the people of the State of Georgia, and the said con- vention of the people of the State of South Carolina has ordered the Governor of said State to commission the said James L. Orr: Now, therefore, I do hereby commission you, the said James L. Orr, to act as a commissioner from the State of South Carolina in con- vention assembled to the State of Georgia in convention assembled to confer upon the subjects intrusted to your charge. Witnes~ His Excellency Francis W. Pickens, Governor and com- mander-in-chief of the said State, this 2d day of January, in the year of our Lord 1861, and the eighty-fifth year of the sovereignty and independence of the State of South Carolina. F. W. RICKENS. By the Governor: JAMES A. DUFFUS, Deputy Secretary of State. FRIDAY, January 18, 1861. * * * * * * * * Mr. Nisbet offered the following resolutions, which were taken up and read: Resolved, That, in the opinion of this convention, it is the right and duty of Georgia to secede from the present Union and to co-operate with such of the other States as have or shall do the same, for the purpose of forming a Southern con- federacy upon the basis of the Constitution of the United States. * From Journal of the Georgia Convention Page 58 58 CORRESPONDENCE, ETC. Resolved, That a committee of be appointed by the chair to report an ordinance to assert the right and fulfill the obligation of the State of Georgia to secede from the Union. He then moved to take up the first resolution, whereupon Mr. John- son, of Jefferson, offered the following preamble and ordinance as a substitute for Mr. Nisbets, and moved the reference of both to a committee of twenty-one: The State of Georgia is attached to the Union, and desires to preserve it, if it can be done consistent with her rights and safety, but existing circumstances admonish her of danger; that danger arises from the assaults that are made upon the institution of domestic slavery and is common to all the Southern States. From time to time within the last forty years Congress has attempted to pass laws in violation of our rights and dangerous to our welfare and safety, but they have been restrained by the united opposition of the South and the true men of the North, and thus far the country has prospered and the South has felt com- paratively secure. Recently, however, events have assumed a more threatening aspect. Several of the non-slave-holding States refuse to surrender fugitive slaves, and have passed laws the most oppressive to hinder, obstruct, and prevent it, in palpable violation of their constitutional obligations. The Executive Department of the Government is about to pass into the hands of a sectional political party pledged to principles and a policy which we regard as repugnant to the Constitu- hon. These considerations of. themselves beget a feeling of insecurity which could not fail to alarm a people jealous of their rights. By the regular course of events the South is in a minority in the Federal Congress, and the future presents no hope of a restoration of the equilibrium between the sections in either house thereof. Hence, the Southern States are in imminent peril, being in the power of a majority reckless of constitutional obligations and pledged to principles leading to our destruction. This peril is greatly augmented by the recent secession of South Carolina, Florida, Alabama, and Mississippi from the Union, by which the Southern States are deprived of the benefit of their co-operation and left in a still more hopeless minority in the Federal Congress. Therefore, while the State of Georgia will not and cannot, compatibly with her safety, abide permanently in the Union without new and ample security for future safety, still she is not disposed to sever her connection with it precipitately nor without respectful con- sultation with her Southern confederates. She invokes the aid of their counsel and co-operation to secure our rights in the Union if possible, or to protect them out of the Union if necessary. Therefore: First. Be it ordained by the State of Georgia in sovereign convention assembled, That Delaware, Maryland, Virginia, Kentucky, North Carolina, Louisiana, Texas, Arkansas, Tennessee, and Missouri be, and they are hereby, respectfully invited to meet with this State, by delegates, in a congress at Atlanta, Ga., on the 16th day of February, 1861, to take into consideration the whole subject of their rela- tions to the Federal Government, and to devise such a course of action as their interest, equality, and safety may require. SEC. 2. Be it further ordained, & c., That the independent republics of South Carolina, Florida, Alabama, and Mississippi be, and they are hereby, cordially invited to send commissioners to said congress. SEC. 3. Be it further ordained, & c., That inasmuch as Q~orgia is resolved not to abide permanently in this Union without satisfactory guaranties of future security, the following propositions are respectfully suggested for the consider- ation of her Southern confederates as the substance of what she regards indispen- sable amendments to the Constitution of the United States, to wit: 1. That Congress shall have no power to abolish or prohibit slavery in the Ter- ritories or any place under their exclusive jurisdiction. 2. Each State shall be bound to surrender fugitive slaves, and if any fugitive slave shall be forcibly taken or enticed from the possession of any officer legally charged therewith for the purpose of rendition, the United States shall pay the owner the value of such slave, and the county in which such rescue or enticement may occur shall be liable to the United States for the amount so paid, to be recovered by suit in the Federal courts. 3. It shall be a penal offense, definable by Congress and punishable in the Fed- eral courts, for any person to rescue or entice, or to encourage, aid, or assist others to rescue or entice, any fugitive slave from any officer legally charged with the custody thereof for the purpose of rendition. 4. Whatever is recognized as property by the Constitution of the United States shall be held to be property in the Territories of the United States and in all place Page 59 CONFEDERATE AUTHORITIES. 59 over which Congress has exclusive jurisdiction, and all kinds of property shall be entitled to like and equal protection therein by the several departments of the General Government. 5. New States formed out of territory now belonging to the United States, or which may be hereafter acquired, shall be admitted into the Union with or with- out slavery, as the people thereof may determine at the time of admission. 6. Congress shall have no power to prohibit or interfere with the slave-trade between the States, nor to prohibit citizens of the United States passing through or temporarily sojourning in the District of Columbia from having with them their slaves and carrying them away, but it shall be the duty of Congress to pro- vide by law for the punishment of all persons who may interfere with this right in the same way as is provided for in the foregoing third proposition. 7. No State shall pass any law to prohibit the citizens of any other State trav- eling or temporarily sojourning therein from carrying their slaves and returning with them; and it shall be a penal offense, definable by Congress and punishable by the Federal courts, for any person to entice away or harbor, or attempt to entice away or harbor, the slave or slaves of such citizen so traveling or tempo- rarily sojourning. 8. The obligation to surrender fugitives from justice as provided for under the Constitution of the United States extends and shall be held to extend as well to fugitives charged with offenses connected with or committed against slavery or slave property as to any other class of offenses, and for the purposes of this propo- sition whatever is defined to be a criminal offense in one State shall be deemed and held a criminal offense in every other State. 9. The Supreme Court having decided that negroes are not citizens of the United States, no person of African descent shall be permitted to vote for Federal officers nor to hold any office or appointment under the Government of the United States. SEC. 4. Be it further ordained, & c., That refraining from any formal demand upon those slave-holding States which have passed them of the repeal of the per- sonal liberty and other acts in any wise militating against the rendition of fugitive slaves, or fugitives from justice, yet the State of Georgia hereby announces her unalterable determination not to remain permanently in confederation with those States unless they shall purge their statute books of all such acts. SEC. 5. Be it further ordained, & c., That if between now and the time of final action upon the question of her continuance in the Union the General Government should attempt to coerce any one of the States that have recently withdrawn, or shall hereafter withdraw therefrom, the State of Georgia will make common cause with such States, and hereby pledges all her resources for their protection and defense. SEC. 6. Be it further ordained, & c., That the State of Georgia will continue to hold until her final decision in the premises the possession of Fort Pulaski and all other Federal property within her borders which have been seized under the direction and authority of His Excellency the Governor of this State. SEC. 7. Be it further ordained, & c., That a commissioner be appointed by this convention to each of the slave-holding States now members of the Federal Union, to inform them of the action of Georgia and to urge their conformity to the policy herein indicated; and that in response to the request of Alabama this convention will also appoint a commissioner to the convention which she has invited at Montgomery on the 4th of February next, who is hereby instructed to urge upon that convention so to shape their action as to conform to and co-operate with that of the proposed congress at Atlanta on the 16th day of thb same month. SEc. 8. Be it further ordained, & c., That if all effort fail to secure the rights of the State of Georgia in the Union and she is reluctantly compelled to resume her separate independence she will promptly and cordially unite with the other Southern States similarly situated in the formation of a Southern confederacy upon the basis of the present Constitution of the United States. SEC. 9. Be itfurt her ordained, & c., That this convention will adjourn, to meet again on the 25th day of February next, to take such action in the premises as may be required by the proceedings of the congress at Atlanta and the develop- ment of intervening events, keepilig steadfastly in view the rights, equality, and safety of Georgia and her unalterable determination to maintain them at all hazards and to the last extremity. After an elaborate discussion, in which Messrs. Nisbet, Johnson of Jefferson, Cobb, Stephens of Taliaferro, Toombs, Means, Reese, Hill of Troup, and Bartow participated, a call was made for the previous question, which, being sustained under the ruling of the chair, cut off the motion to commit and a vote on the substitute, and brought th Page 60 60 CORRESPONDENCE, ETC. convention to a direct vote on the first of the original resolutions of Mr. Nisbet. Whereupon the yeas and nays were demanded, which, being called, resulted as follows (the president voting in the affirma- tive): Yeas 166, nays 130. * * * * * * * So the resolution was adopted. * * * * * * The following message, having been received from His Excellency the Governor, through Mr. Waters, his secretary, was taken up and read: EXECUTIVE DEPARTMENT, JJliilledgeville, January 18, 1861. To THE Co~qvENTxoN: * * * * * * * Though not strictly in response to the call made upon me, I take the liberty to lay before the convention an original letter from the Governor of the State of New York, accompanied by certain joint resolutions passed by the Legislature of that State on the 11th day of this month, which were received at this depart- ment by the mail of yesterday. JOSEPH E. BROWN. The following is a copy of the communication referred to by His Excellency Governor Brown, and also of the resolutions: STATE OF NEW YORK, EXECUTIVE DEPARTMENT, His Excellency JOSEPH E. BROWN, Albany, January 11, 1861. Governor of the State of Georgia, Milledgeville: Sin: In obedience to the request of the Legislature of this State, I transmit herewith a copy of the concurrent resolutions of that body, adopted this day, tendering the aid of the State to the President of the United States, to enable him to enforce the laws and to uphold the authority of the Federal Government. I have the honor to be, Your Excellencys obedient servant, EDWIN D. MORGAN. [Inclosure.] Caneurrent resolutions tendering aid to the President of the United States in uupport of the Constitution and the Union. STATE OF NEW YORK, IN ASSEMBLY, January 11, 1861. Whereas, treason, as defined by the Constitution of the United States, exists in one or more of the States of this confederacy; and whereas, the insurgent State of South Carolina, after seizing the post-office, custom-house, moneys, and forti- fications of the Federal Government, has, by firing into a vessel ordered by the Government to convey troops and provisions to Fort Sumter, virtually declared war; and whereas, the forts and property of the United Sta~,es Government in Georgia, Alabama, and Louisiana have been unlawfully seized, with hostile inten- tions; and whereas, further, Senators in Congress avow and maintain their treasonable acts: Therefore, Resolved (if the Sehate concur), That the Legislature of New York, profoundly impressed with the value of the Union and determined to preserve it unim- paired, hail with joy the recent firm, dignified, and patriotic special message of the President of the United States, and that we tender to him, through the Chief Magistrate of our own State, whatever aid in men and money he may require to enable him to enforce the laws and uphold the authority of the Federal Govern- ment; and that in defense of the more perfect Union, which has conferred prosperity and happiness upon the American people, renewing the pledge given and redeemed by our fathers, we are ready to devote our fortunes, our lives, and our sacred honor~~ in upholding the Union and the Constitution. R& solved tif the Senate concur). That the Union-loving representatives and citizens of Delaware, Maryland, Virginia, North Carolina, Kentucky, Missouri, and Tennessee, who labor with devoted courage and patriotism to withhold their States from the vortex of secession, are entitled to the gratitnde and admiration of the whole people Page 61 CONFEDERATE AUTHORITIES. 61 Resolved (if the Senate concur), That the Governor be respectfully requested to forward forthwith copies of the foregoing resolutions to the President of the Nation and th~ Governors of all the States of the Union. The preceding preamble and resolutions were duly passed. By order: H. A. RISLEY, Glerk. IN SENATE, January 11, 1861. The preceding preamble and resolutions were duly passed. By order: JAMES TERWILLIGER, Cleric. Mr. Toombs offered the following resolution, which was taken up, read, and adopted: Resolved, unanimously, in response to the resolutions of New York, referred to in the Governors message, that this convention highly approves the energetic and patriotic conduct of Governor Brown in taking possession of Fort Pulaski by Georgia troops, and requests him to hold possession until the relations of Georgia with the Federal Government be determined by this convention; and that a copy of this resolution be transmitted to the Governor of New York. * * * * * * * GENERAL HEADQUARTERS, STATE OF MISSISSIPPI, ADJUTANT-GENERALS OFFICE, Jackson, January 18, 1861. His Excellency JOHN J. PETTUS, Governor and Commander-in- Chief Mississippi Militia: SIR: Pursuant to an act of the Legislature prescribing the duties of the adjutant-general, I have the honor to submit the following report for the year ending December, 1860, and from January 1, 1861, to January 17, inclusive: The past year was as remarkable for the military organizations effected in the State as for the great political changes which took place throughout the country. The precarious conditions of political affairs in this country, occasioned by Northern aggression upon the institutions of the South, aroused the people of the Southern States to a sense of their imperfect security, and their Legislatures by wise counsel made ample provision for the purchase of arms and munitions of war for the defense of the States. The Mississippi Legislature, being duly impressed with a sense of her insecurity and aroused by the action of John Brown and his confederates at Har~ers Ferry in their attempt to stain and drench the soil of Virginia in innocent blood, made an appropriation in December, 1859, of $150,000 for the purchase of arms in order to prepare her to resist effectually such a fanatical raid, should an attempt be made to perpetrate such an act within her borders. So soon as the passage of the act appropriating the sum of $150,000 for arms was known throughout the State military organizations commenced springing up from her northern borders to the sea-coast. These organizations of volunteer companies progressed steadily, though slowly, during the spring and summer months, organizing at the rate of some two companies per month, the military ardor aroused by the John Brown raid abating to some extent. Within the past two months the political excitement awakened by the election of a Black Republican to the Presidency, being unpre- vedented t~nd without parallel in the history of this country, thes Page 62 62 CORRESPONDENCE, ETC. expiring military fires are being rekindled, and companies are organ- ized and have been organizing at the rate of from seven to eight per week, numbering from fifty to sixty men, ready to march to the field of battle to defend th~ soil of their birth or adoption from the ignominious taunts of the Black Republican horde, and anxious to place her among the nations of the earth as a free, independent, and sovereign people, discarding and disregarding the union of the States npon the present inequality of rights. While appreciating their love for independence and State pride, I regret that the exist- ing military law does not empower the Governor to call them into serv- ice except within the limits of the State. The law is adapted to home service, or more particularly to parade, and inapplicable to actual serv- ice on the field. A few suggestions and recommendations on this point will be detailed in a subsequent paragraph of this report, to which special attention is requested. The military fires enkindled within the chivalric sons of Mississippi within the past year are unprece- dented in her military annals. The number of companies organized up to the 16th of January, 1861, dating from January 1, 1860, amounts to sixty-five. Of this number fifty-five organized as rifles, but some three or more have been furnished the altered percussion musket, and others will be compelled to resort to the sanme arm. Of this number only one company organized as infantry and one as light infantry (Monroe Light Infantry and Enterprise Guards as infantry with rifled muskets). The number of cavalry companies formed amounts to eight; the number of artillery, three. As to the exact number of men composing these companies it is impossible to state definitely, for the reason that the law upon which these organizations were effected has been waived for the past few months owing to the exigencies of the times; and again, in petitioning for organization the companies fre- quently carry out the law to the extent only to entitle them to organi- zation, that is , getting only thirty-two signatures to the petition, when the company numbers probably fifty men or more. I therefore state the number of regular, uniformed volunteers will be based upon the arm distribution (and by approximation for companies not holding arms), which is the surest method of arriving at an estimate of the number of men. The impossibility of procuring the Mississippi rifle with saber bayonet has produced much dissatisfaction among the coin- panies, and while it has caused the disbandment of some, prevented the organization of others, and has therefore been prejudicial in two distinct ways. Relative to the Mississippi rifle, it is but justice to state that every effort has been made to procure them within the power of this department. This arm being renowned for the brilliant victories achieved upon the battle-fields of Mexico in tIme hand~of the First Regi- ment of Mississippi Riflemen, has derived the appellation of Mississippi rifle, and is the principal arm called for by the volunteer corps. In consequence of the numerous applications for this rifle the adjutant- general, in compliance with verbal instructions, proceeded North in May last for the purpose of making contracts for this rifle to supply the demand existing up to the time of departure. This was effected after much difficulty in finding a suitable armory for its manufacture. On the 6th of June a contract was closed with Eli Whitney, of Connecti- cut, for 1,500 of these rifles with bayonets, 1,000 of which were to be delivered by the 1st of December, 1860. At the time of the first deliv- ery of arms, October 15, said Whitney raised a point relative to the inspection, fearing an inspection by an officer of the Army, and refused to have them examined, and therefore shipped but sixty o Page 63 CONFEDERATE AUTHORITIES. 63 said arms as samples, he said, of what he could furnish. The arms were received and examined and proved to be old guns fixed up. Such an act being a violation of the letter and spirit of the contract, none of the arms were taken as a part of the contract, though the sixty were taken as an experiment. The affair is now being adjusted between a U. S. Senator and said Whitney, but owing to the bad faith of Whitney the arms will probably never be received and the com- panies will have to resort to whatever can be furnished. The niunber of commissions issued to officers of volunteer companies approxi- mates 255; of this number 65 were issued to captains and 190 to lieu- tenants. Several companies were organized and commissions were issued early in the spring, but owing to causes but partially reported they disbanded within a few mouths after their organizationamong them Sharon Rifles, of Madison County; Uimiversity Rifle Company, La Fayette; Chickasaw Dragoons, Chickasaw; Home Guards, Lowudes, and a few others. The commissions to the officers are not included in the aggregate of commissions. The number of men regularly organ- ized into uniformed companies of volunteers amounts to 2,027 armed. Of the 38 companies unarmed, allowing 50 men for an average of each, we have 1,900 unarmed volunteers, which number added to the number of armed men gives an aggregate of 3,927 memi belonging to the volunteer companies, which approximation will vary but little from the correct number. This force armed and properly officered would on the field be formidable to an advancing foe. The number of arms in the hands of the troops amounts to 2,127 stand; of rifles, 1,256; of percussion muskets, 391; of flint, about 60; of pistols, 462; of sabers, 360, and will be classified in tIme schedule marked A* in the appendix. The State quota of arms from the United States Government for the year 1860, amounting to 315 muskets or their equivalent in other arms, was drawn in field artillery, amounting in all to six 6-pounder bronze guns and two 12-pounder howitzers, all of which were dis- mounted save one 6-pounder with carriage, limber, and implements and equipments complete, and one set of harness for four horses. These guns have all been mounted at the State penitentiary and are ready for the field, with the exception of harness, caissons, battery wagons, and forge. Special attention is called to the caissons, bat- tery wagons, and forge. There is not a caisson, battery wagon, or forge in the State (at least no record of such in the office), and a field battery is incomplete and but partially effectual without them. The harness is being made, and the caissons, & c., can be made at about the same expense as a gun carriage. Fortunately for the State the quota for 1861, amounting to 319 muskets, was ad.vance~ by the Sec- retary of War in May, 1860, and was taken in U. S. long-range rifles with Maynard primer and saber bayonets, and amounted to 212. In consequence of the inability to make various irons necessary in the construction of the 6-pounder gun carriages, the Secretary of War advanced the requisite irons on account of the quota for 1861, which irons amounted to 34 mnuskets or $442, thereby reducing the number of rifles. The Legislature at the session of 1859 and 1860 passed an act enti- tled An act further to regulate the militia and volunteer systems. One section of said act established a volunteer military board, to be composed of the captains of volunteer companies of all arms through- out the State. In compliance with the provisions of said act the Board * Omitted Page 64 CORRESPONDENCE, ETC. 64 assembled in Jackson in May and proceeded to effect an organiza- tion of the volunteer forces. By the action of said Board the State comprises one division, which is subdivided into two brigades, each brigade subdivided into two regiments, and each regiment into two battalions. This is the existing volunteer military organization of the State, and will suffice unless there are numerous accessions to the volunteer corps, when an additional number of general officers will be required. By the existing law the officers commanding the division, brigades, & c., who are elected by said Board while exercising the command of general and field officers, are only commissioned as captains. Such is unprecedented in military history, and I there- fore suggest, in order to obviate a constitutional point which was raised on the passage of the bill, that said Board act as a convention and be allowed only to make the nominations for these offices, and that the members of the division, brigades, regiments, & c. (the quali- fied electors), be required to elect the several officers, and that the nominations be not confined to the captains of companies as at pres- ent, but extend through the whole of the different corps, thereby allowing privates who possess military qualifications an equal chance with officers. I further suggest that the elections for these offices be ordered from general headquarters and to take place annually or biennially, or otherwise, upon the same day throughout each com- mand. By this method the constitutional point will be obviated, and a general or field officer can be commissioned according to the rank he holds. The Board provides that the staff of the commandant of division shall consist of twelve, and the staff of the commandant of brigade shall consist of twice the number prescribed by the Army Regulations, without specifying the rank of either member of each staff. I suggest that each staff be reduced, and that the rank of each officer be specified. No reports of the practical operations of the division, brigades, & c., have been received at this department. I recommend that at the next meeting of the Board a committee be appointed to draft a system of regulations for the volunteer organi- zation. The law requiring the captains of volunteer companies to make annual reports to the adjutant-general of the condition of their arms has been but partially complied with. The reports that have been received will be found in the appendix. The number of men subject to military duty as far as reported amounts to 39,263, and are distributed in the different counties as follows, viz: County. Men. County. Men. County. Men. Greene 216 Jackson 541 winston 544 Covington 488 Noxubee 762 Amite 690 Adams 753 Pontotoc 2,089 wilkinson 592 Neshoba 714 Tishomingo 3,480 Panola 1,063 Oktibbeha 760 Tippah 2,400 Yalobusha - -- 1,241 Tunica 187 Be 5oto 1,962 Newton 455 Monroe 1, 155 Warren 940 Hancock - - 443 Marshall 1,516 Coahoma 296 Simpson 369 Rankin 1,032 Bolivar 326 Clarke 954 Kiemper 664 Madison 863 Pike 1,201 Issaquena 151 Hinds 1,223 Franklin 576 Lawrence 736 Yazoo 1,156 Attala 1, 179 Copiali 1,393 Jasper 680 Smith 632 wayne 278 Itawamba 2,082 Claiborne 568 Jones 394 Holmes 480 From the following counties no military rolls have been returned, viz: Calhoun, Carroll, Chickasaw, Choctaw, Harrison, Jefferson Page 65 CONFEDERATE AUTHORITIES. 65 La Fayette, Lauderdale, Leake, Lowndes, Marion, Perry, Scott, Sun- flower, Tallahatchie, Washington. Relative to the militia, will state that the law requiring parades is in existence, but no orders have been issued by the commander-in-chief instructing general and field officers toenforcethelaw. The law requir- ing these parades was revived some eleven months ago, and not one report has been received from any company, regimental, or battalion parade. The law as it exists is impracticable, and requires to be remodeled before it can be effectual. The little interest taken in the militia is conclusive evideiice that a regular organized militia is contrary to the spirit of the people, and an organization can never be effected when the people agree by common consent to disregard the law; and laws being of no purpose when they are unobserved, I recommend the repeal of the law. Proof sufficiently conclusive to show that but little interest is taken in the militia has been furnished this office by the recent returns of election, as some counties which have 800 or 900 men subject to military duty polled at the election for field officers only from two to fifteen votes. Further proof is that during last spring an election was ordered by the colonel of the Ninth Regiment of the First Division for an election of company officers, which he reports to this office as follows: The qualified electors were present, the polls opened, and the men refused to vote. He desired to know what was to be done. The only reply was that the framers of the bill anticipated no such gross disrespect to military authority and made no provisions relative thereto. Legislative action is recommended on this point. To show the impracticability of the law it is necessary to state that a regiment is composed of ten companies, or 1,000 men: By the law each county constitutes a regiment. In numerous counties the number of men subject to duty does not exceed ~00, and in some the number exceeds 2,~00. Still further, the companies are limited to sixty-four men, and by the law not more than eight companies in a regiment; therefore it is impossible to effect an organization under this law. I recommend its repeal and suggest that a per capita tax be collected in lieu of this militia duty and be deposited in the State treasury for general military purposes. On the first Monday in October last the regular biennial election for militia officers was holden, and from the returns not more than two- thirds of the requisite officers were elected. The miumber of commis- a sions issued amounts to 299; of general officers, 12; of field, 104; of staff, 28; of line, 155. The issuing and distribution of commissions to the officers entails expense upon the State and infinite unnecessary labor in this office, and produces no good whatever. ~Should it be deemed unadvisable to repeal this law I recommend a convention of the general officers and their staffs for the purpose of adopting a sys- tem of regulations and a uniform, & c. The amount of the expendi- tures of the department for arms and military purposes is about $26,900.42. The apportionment of the expenditures will be found in the appendix. The receipts have been small. A sale of old and worthless muskets was effected with a house in New York. The amount received was $292, which has been deposited to the credit of the department. The volunteer companies are recommended in their elections of officers to select always men of military qualifications, as it is impossible for an officer to impart to his subalterns knowledge which he does not possess. The creation of the office of inspector- general of volunteers, and the consolidation of the duties of said office 5 R RSERIES Iv, ~OL Page 66 CORRESPONDENCE, ETC. and those of quartermaster-general also with the duties of adjutant- general, render the total duties too onerous for a single officer to per- form, were he able to perform them, which is impossible from their variety. The duties of quartermaster, at this time being sufficient for one officer to perform, render it impossible for the duties of adjutant- general to be discharged properly, which are equally as important; and the duty of inspector-general of volunteers while this duty is being performed renders it impossible to transact the business of either of the other offices. I therefore recommend that a clerk be allowed this office and that the duties of quartermaster devolve upon the proper officer for such compensation as the Legislature may see fit to allow. The law requiring the adjutant-general to inspect the various vol- unteer companies throughout the State once in two years has been but partially complied with, owing to protracted illness occasioned in the prosecution of these duties. Only four companies were inspected, to wit, Port Gibson Riflemen, Adams Light Guard Battalion (Natchez), Volunteer Southrons, and Vicksburg Sharpshooters (Warren). Orders were issued for the inspection of the Quitman Guards, at Holmesville, Pike County; Gainesville Volunteers, Hancock County; Biloxi Rifle Guards, in Harrison County; Quitman Light Infantry, in Noxubee County; Noxubee Riflemen, at Macon, and Columbus Riflemen, Columbus; and other orders would have been issued but for the cause above mentioned. In regard to the companies inspected, will remark that each mani- fested much zeal and military proficiency, the captains being officers of military bearing, & c. I would recommend to the captains of vol- unteer companies a regular system of instruction. For infantry, commencing with the school of the soldier and continuing through the school of the company to the school of the battaliomi; for cavalry, the school of the trooper, & c.; for the artillery, light artillery tactics. Owing to the probability of a war between the two sections of the country, I would recommend to the companies who expect to engage in it a thorough system of drilling and practice in the advance in line of battle, for the history of the application of modern tactics in battle gives the lesson that courage is dependent upon instruction. The existing military law, with some alterations, while it would meet the exigencies of the volunteer corps in time of peace, is wholly unadapted to the field in time of war, for while it allows the captain commanding the division to order parades, encampments, & c., it does not authorize the commander-in-chief to call them into service except in the State, and there being no probability.of an~ necessity for their services in the State they cannot be called to assist another State. Such being the case, I suggest the propriety of making no further distribution of arms until some other arrangements better adapted can be made, and will recommend that in the event a Southern con- federacy is formed and active hostilities are commenced between the South and the North, that the military organizations that are formed for the service be organized irrespective of the existing law, and with strict conformity to military law, the company composed of 100 men being the basis of organization. The Legislature of 1858 passed an act appropriating the sum of t~125 to volunteer companies of infantry and ~150 to cavalry after the per- formance of certain duties. Under this appropriation has been drawn the following amounts, viz: Quitman Light Infantry $125 Quitman Guards 12 Page 67 CONFEDERATE AUTHORITIES. 67 CovingtonGuards $125 Col. B. AdamsJ-~ightGuard 125 500 This act has been repealed and another substituted in lieu thereof, appropriating the sum of $9 to each member of a volunteer company that performs within twelve months nine days military duty. Under this act of appropriation the following sums have been drawn, to wit: Biloxi RifleGuards $370 Quitman Guards 234 Home Guards 324 Gainesville Volunteers 342 OConnor Rifles 567 Irrepressibles 567 2,404 I would recommend that a sufficient sum to supply the officers of volunteer companies with tactics be appropriated, and would suggest the purchase for this purpose of Gilhams Manual for Volunteers and Militia, a work recently published by authority of the State of Vir- ginia, comprising the tactics for each arm of the service as compiled by officers of the infantry, artillery, and cavalry of the regular service. The duties of quartermaster-general devolving upon this depart- ment, a passing notice relative to the business of the department is necessary. In the month of March last the old arms and accouter- ments (a pile of rubbish) in the arsenal were overhauled and exam- ined, cleaned, and stored away for an emergency, but it is hoped that an emergency that would bring them into requisition may never arise. Should, however, such take place, then we might truly exclaim, with the Latin poet, that Man is never conscious of the danger he has every moment to avoid. A list of these arms and accouterments is on file in this office, but is unnecessary to be made in this report. The following is a list of the arms, & c., examined at the general over- hauling that are in tolerable order and fit for use, viz: Bayonet scabbards, 229, 75 of which were issued to the Enterprise Guards; cartridge-boxes, pistol and musket, 315; rifle pouch and flask belts, 214; waist belts, 56; saber belts, 106; saber knots, 107; gun slings, 119; dragoon shoulder belts, 276; holsters, 60; rifle pouches, 116; powder flasks, 88; flint-lock muskets, browned barrel, 160; flint-lock muskets, bright barrel, 72; sabers, 106. Most of the cartridge-boxes, sabers, belts, holsters, pouches, flasks, & c., have been distributed. The arsenal is in bad condition, the floor being worth- less from dry rot, and the building totally insecure. On the 6th of June closed a contract with the Ames Manufacturing Company, of Massachusetts, for 1,700 sets of accouterments, 500 of which have been received. On the 15th of December, in compliance with verbal instructions, proceeded to the Baton Rouge Arsenal to examine a lot of altered U. S. percussion muskets with a view to the purchase of 5,000 stand. The arms were examined and proved sat- isfactory, and on the 31st of December the final arrangemuents were closed in New Orleans between the United States Government and the State of Mississippi. These arms have all been received and are now stored, awaiting orders relative to their distribution. The Secretary of War in November last addressed a communnica- tion to His Excellency relative to the distribution of a lot of books (Revised Instructions for Field Artillery), which were stored by th Page 68 68 CORRESPONDENCE, ETC. U. S. quartermaster at Philadelphia awaiting orders. The quota, amount4ng to forty-three volumes, was ordered to be forwarded to this department, and has been received. There are about 150 stand of percussion rifles in the State that are not included in the abstract of arms, & c., belonging to the State. These arms have been ordered to be returned to this department, but none have been received. They were drawn by the Lauderdale Rifles, Attala Guards, and Monroe Riflemen, each of which has disbanded. In concluding these remarks, will again call the attention of the volunteer companies to the necessity of a regular system of instruc- tion and to the importance of frequent instruction on the field. All of these suggestions, recommendations, & c., are respectfully submitted. W. L. SYKES, Adjulartt- General. Attention is called to the subjoined reports of the inspection of volunteer companies by the adjutant-general. * NOTE.In making up the aggregate of arms, & c., belonging to the State, no mention was made of 175 cadet mnskets and accouterments. These muskets were drawn from the United States Government some years ago and turned over to Mr. Ashbel Green, president of the Mis- sissippi Military Institute, located at Pass Christian. Of these mus- kets seventy-five are in use at the institute; the others have been ordered to be forwarded to this department, and should they be received will be turned over to the Brandon State Military Institute. Address to the people of Alabama. ~ The undersigned, delegates to the convention of the people of the State of Alabama, feel it their duty to themselves, to their constitu- ents, and to the people of the State at large to make public the rea- sons that actuate them in withholding their signatures from the ordinance of secession by which the people of Alabama resumed, on the 11th day of January, 1861, the powers previously delegated to and exercised by the Federal Government. This duty is the more impera- tive, as designing persons have misrepresented, and will continue to misconstrue, their refusal to participate in a mere form of attestation into opposition and hostility to a solemn act of the State. This act is binding on all citizens alike, and none are more ready than the under- signed to yield a cheerful obedience to the will of tl~,eir State, to which they owe their first and paramount aIlegianc~, and none will be more fhithful in upholding and sustaining at any price and at any sacm~ifice her interest and her honor in the attitude she has assumed by this act. If, therefore, the enemies of the State derive comfort from the refusal of the undersigned to sign the ordinance, the fault will lie with those who misrepresent their motives or impugn their patriotism and loyalty to their State. The ordinance derives no additional validity from the signatures of the individual delegates composing the convention. The affixing the signatures is a mere form of attesta- tion, and might be, and most likely would be, regarded as a volun- tary abandonment and retraction of those principles and views of * Reports omitted. The companies inspected were the Port Gibson Riflemen; the Adams Light Guard Battalion, at Natchez; the Vicksburg Sharpshooters and the Volunteer Southrons, at Vicksburg. t From Journal of the Alabama Convention, January 19, 1861 Page 69 CONFEDERATE AUTHORITIES. 69 public policy advocated by the undersigned before the people, and which caused them to oppose the passage of the ordinance of seces- sion in its present form. While the undersigned cannot consent to have even the appearance of modifying or relinquishing these views and principles, they do sincerely disclaim all intention to perpetuate the bitterness and animosities of former party divisions, or to encour- age new divisiops between those who favored and those who opposed separate State action, and they solemnly pledge themselves ~o a faith- ful and zealous support of the State in all the consequences that may result from the ordinance of secession. These principles and views of public policy, to which they stood pledged to their constituents, and which have governed their action in convention, are so well known as to require only a brief enumeration. First. The great fundamental principle that all representative bodies, exercising a high and responsible public trust, should submit their acts for the approval or condemnation of those by whom the trust was confided, especially when in the discharge of such trust is involved a radical change in the existing government, affecting alike the highest and the lowest in the land, and upon which depends the welfare and happiness of not only this generation, but that of the remotest posterity, demanded that the ordinance of secession should have been submitted to the people of the State for their ratification or rejection at the ballot box. This principle is the foundation of the whole theory of popular government and is the only safeguard to the abuses of trust and the usurpations of power. Second. Not only comity, but the interest of all concerned, and of none more than Alabama, dictated the policy of respectfully consult- ing with all the States whose identity of interest makes their ultimate destiny inseparable from ours and who are ~affected almost as much as ourselves by any action on our part; of devising with them, or at least such of them as would join us in a plan of harmonious and simultaneous action, thus presenting in all our dealings with the Federal Government, foreign nations, or hostile States a united strength, a moral power, and a national dignity which no single State could hope to present; of establishing a new confederacy of all the States engaged in a common cause before finally severing all connec- tion with the Federal Government, and thus avoiding to the individ- ual States the burdens and dangers of an independent and separate national existence, placing the formation of a new confederacy beyond the risks and hazards to which it would be subjected by the conflict- ing interests and views of disunited States, each acting for itself, without concert one with another, and leaving no interr~num during which mens minds could be unsettled, and all material interests jeoparded by the uncertainties of the future. These views of policy the undersigned are convinced are the only ones consonant with pru- dence and a wise discretion, and the only ones that can lead to a peaceful and successful termination of present difficulties. It is not yet too late to apply them, at least in part, to the management of pub- lic affairs, and as we see with pleasure the cheering indications of their being more generally recognized and adopted than during the first effervescence of popular excitement at the accumulated wrongs and insults of hostile and sectional factions, culminating in the elec- tion of a sectional President, it will not be necessary to add, in con- clusion, that in refusing to sign the ordinance of secession the under- signed are actuated by no desire to avoid the responsibilities that now attach, or may hereafter attach, to the act by which the State with- drew from the Federal Union. Not only will they share these respo Page 70 70 CORRESPONDENCE, ETC. sibilities alike with those who sign the ordinance, but if it should appear fhat the public interest or expediency requires the affixing of their signatures they will unhesitatingly and cheerfully do so, their object being in the present statement solely to defend and maintain the principles and line of policy the advocacy and support of which was intrusted to them by their cGnstituents, and which they believed to be of vital importance to the future peace and welfare of the State. With this brief exposition of our acts and the reasons therefor, we are willing to be judged by a candid public. The truth and sincerity of our declarations and motives time alone can decide, and upon the correctness and wisdom of those principles and views of public policy by which we have been governed other men and other times will render a correct verdict. R. JEMISON, JR., WM. 0. WINSTON, JOHN GREENE, SR., JOHN P. TIMBERLAKE, M. J. BULGER, A. KIMBALL. W. M. EDWARDS. R. J. WOOD. GEORGE FORRESTER. HENRY M. GAY. W1NSTAN STEADHAM. ARTHUR C. BEARD. JAMES L. SHEFFIELD. JOHN FRANKLIN. JONATHAN FORD. ROBERT GUTTERY. W. R. SMITH. NICH. DAVIS. THOS. J. MCCLELLAN. JOHN POTTER. S. C. POSEY. Committee. E. P. JONES. B. W. WILSON. LANG. C. ALLEN. JOHN A. STEELE. J. P. COMAN. HENRY C. SANFORD. JOHN S. BRASHER. W. A. HOOD. JOHN R. COFFEY. TIMOTHY J. RUSSELL. H. C. JONES. WM. L. WHITLOCK. AN ORDINANCE to dissolve the union between the State of Georgia and other States united with her under a compact of government entitled The Constitu- tion of the United States of America. lYe, the people of the State of Georqia, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by the people of the State of Georgia, in convention, on the 2d day of January, in the year of our Lord seventeen hundred and eighty-eight, whereby the Constitution of the United States of America was assented to, ratified, and adopted, and also all acts and parts of acts of the General~ Assem~bly of this State ratifying~ and adopting amendments of the said Constitution, are hereby repealed, rescinded, and abrogated. We do further declare and ordain, That the union now subsist- ing between the State of Georgia and other States, under the name of the United States of America, is hereby dissolved, and that the State of Georgia is in the full possession and exercise of all those rights of sovereignty which belong and appertain to a free and inde~ pendent State. Passed January 19, 1861. Attest. GEO. W. CRAWFORD, President. A. R. LAMAR, Secretary Page 71 CONFEDERATE AUTHORiTIES. 71 MONTGoMERY, January 19, 1861. His Excellenoy Governor A. B. MOORE: DEAR SIR: As soon as possible after receiving your commission to me to confer with the authorities of Texas, I visited Austin, the seat of government. I did not find either the Legislature or convention in session, and the Governor was absent. For his return I waited, and with him I had a short conference, being kindly and hospitably received by him and the citizens of Texas generally. The Governor being the only public authority with whom I could confer, I addressed to him a short communication in writing, which I now inciose, and from him received to-day by mail a reply, for which I could not wait for a personal delivery. This I also inclose. The citizens of Texas seemed everywhere to be alive to the grave issues which were forced upon them for consideration. I do not deem it proper to give the impression which was made on my mind as to their future action from what I saw and heard in my hurried trip from Galveston to Austin and back. This, however, is the less important, as her Legislature meets on the 21st instant, and a convention, called by her citizens themselves, meets on the 28th instant; and from these we shall soon have an. authoritative expression of views and course of action. How- ever unsatisfactory the meager results of my mission may be, I trusi Your Excellency will think that I have done all I could do under the circumstances and in the short time allowed me. With sincere respect, I remain, yours, & c., J. M. CALHOUN. [Inclosure No. 1.] AUSTIN, January 5, 1861. His Excellency Governor SAM. HOUSTON: DEAR SIR: I come as the accredited commissioner of the State of Alabama to consult and advise with yourself and the members of the State Legislature and of the convention of Texas as to what is best to be done to protect the rights, the interests, and the honor of the slave-holding States. Neither the Legislature of Texas nor any con- vention being now in session, and my speedy return to Alabama being required, my conference must be of necessity confined to yourself, with a request that my communication to you may be communicated. to the Legislature of Texas when it shall assemble, as I am pleased to learn it will at no very distant day. In the performance of this my duty, under all the surrounding circumstances, I have only simply to say that Alabama, through her Legislature, being the first to move in the direction which may probably result in theseverahce of all con- nection with the Federal Government as the only means of saving her citizens from the utter ruin and degradation which must follow from the administration of that Government by a sectional, hostile majority, desires to assure her sister slave-holding States that she feels that her interests are the same with theirs, and that a common destiny must be the same to all; that, therefore, whatever may be the course which she may deem it proper to take to meet the dangers by which she as well as they are surrounded, she will do so with an earnest desire that there may be in the present and in the future an unbroken bond of brotherhood and union between herself and Texas and every other slave-holding State; that she will not act with rashness or thoughtlessness, but with mature and deliberate consideration; that she will, by all means, endeavor to avoid the doing of any act whic Page 72 72 CORRESPONDENCE, ETC. may shake the confidence or alienate the friendly feelings of her sister slave-holding States; that whatever may be the determination of her peaple, to be assembled in their sovereign character in convention on the 7th instant, they will still cover themselves and posterity under the folds of the old Constitution of the United States in its purity and truth. It is perhaps my duty to give Your Excellency my individual opinion that the action of the convention to assemble on the 7th instant will be to withdraw the State from the present Union, and to take her position as a sovereign and independent State, seeking and desiring a near and perfect union with all the other States of the South as speedily as possible. This will, however, have been decided one way or the other, and be made known to the Legislature of your State by the time it shall assemble. hoping and trusting that there may be no discord between the States of the South; that unanimity, confidence, wisdom, prudence, and firmness may mark the course of all, and that a kind Providence may rule over and guide and protect us in our day of gloom and danger, I remain, very respectfully, your obedient servant, J. M. CALHOUN, Commissioner from Alabama. [Inclosure No. 2.] EXECUTIVE DEPARTMENT, Hon. J. M. CALHOUN Austin, Tex., January 7, 1861. Commissioner from Alabama: DEAR SIR: Your communication of the 5th instant, informing me of the objects of your mission on the part of the State of Alabama, is before me. As a citizen of a sister State, bearing an appointment as commissioner to Texas from her Chief Executive, I welcome you here, and trust that whatever ideas you may adopt in reference to the poit- ical opinions of the people of Texas you may bear back with you the evidences of their kindness, hospitality, and friendship. Having convened the Legislature of the State with a view to its providing a mode by which the will of the people of Texas may be declared touching their relations with the Federal Government and the States, I cannot authoritatively speak as to the course they will pursue. A fair and legitimate expression of their will through the ballot box is yet to be made known. Therefore, were the Legisiature in session, or were a legally authorized convention in sission, until the action taken is ratified by the people at the ballot box, none can speak for Texas. Her people have ever been jealous of their rights, and have been careful how they parted with the attributes of their sovereignty. They will reserve to themselves the right to finally pass upon the act involving so closely their liberties, fortunes, peace, and happiness; and when, through the free exewise of that sacred privilege which has ever until now been deemed the best security for the liberties of the people and the surest means of remedying encroachments upon their rights they have declared their will, then, and then only, can any speak for Texas. Until then nothing but individual opinions can be expressed, and mine are entitled to no more weight than a long acquaintance with the people and a continued intercourse and com- munication with them would justify Page 73 CONFEDERATE AUTHORITIES. 73 That there is a difference of opinion existing in Texas in relation to the course necessary to pursue at this period none can deny. Citizens alike distinguished for their worth and public services hold opposite views; and while all are united in the determination to maintain our constitutional rights, they differ as to the mode of accomplishing the same. In this I do not include that reckless and selfish class who, moved by personal ambition or a desire for office or spoil, desire a change of government in the hope that aggrandizement will attend them. I believe, however, that a large majority of the people, recog- nizing the obligations they owe to the Border States, who have so long stood as barriers against the assaults of Abolitionism, desire to concert such measures as will not only conduce to their safety but the benefit. of the entire South. As Executive of the State I have deemed it my duty to present to the other Southern States a proposition for a con- sultation having that object in view. Alabama has not yet responded to the same, and although the tenor of your letter indicates that she will pursue a different course, I trust that when the great interests at stake are duly considered by her people they will determine to join with Texas and a majority of the Southern States in an honest and determined effort to obtain redress for the grievances which the North has put upon us ere they take the fatal step, which, in my opinion, ultimately involves civil war and the ruin of our institutions, if not of liberty itself. If Alabama has been the first to move in the direction which may possibly result in the severance of all connection with the Federal Government, it is a matter of pride to me that Texas has, in the time of peril, been the first to move in that direction calculated to secure Southern unity and co-operation. Texas is the only one of the States which possessed, ere her connection with the Union, full and complete sovereignty. Though she brought an empire into the Union and added vastly to the area of slavery, she arrogates to herself no especial privileges, nor has she yet consulted her own safety or interest, save in common with that of the entire South. Knowing the obligations which she took upon herself when she came into the Union, she has thus far shown no desire to relieve herself of those obligations until it is manifest that the compact made with her will not be observed. Having made an effort, in concert with her sister slave-holding States, to secure the observance of that compact and failed in that effort, it would then be her pride to sink all considerations prompted by her own ambition and share a common fate with them; but if, on the contrary, they, consulting their own interests and their own inclina- tions, neither seeking her counsel nor co-operation, a~ct separately and alone, and abandon a Union and a Governm~nt of which she yet forms a part, Texas will then be compelled to leave a policy whereby she has unselfishly sought the good of the whole South, and will pur- sue that course which her pride and her ancient character marks out before her. Were I per~nitted to trust alone to the tenor of the first part of your communication, and had you given me no assurance of the fact that although Alabama desires to assure her sister slave-holding States that she feels that her interests are the same with theirs, and that a common destiny must be the same to all, and that she will, through her convention which assembles to-day, the 7th instant, withdraw from the present Union and take her position as a sovereign State, I could give you more assurances of my co-operation as Executive of Texas with Alabama in the present emergency. Should Alabama Page 74 74 CORRESPONDENCE, ETC. without waiting for the action of Texas, withdraw from the Union, and Texas, by the force of circumstances, be compelled at a future period to provide for her own safety, the course of Alabama, South Carolina, and such other States as may follow their lead will but strengthen the conviction already strong among our people that their interest will lead them to avoid entangling alliances, and to enter once again upon a national career. No claim would then exist upon Texas, for her co-operation has not been deemed important at a time when it was essential to her safety, and her statesmen will deem that she violates no duty to the South in imperiling once again her Lone Star banner, and maintaining her position among the independent nations of the earth. If the Union be dissolved and the gloomy fore- bodings of patriots be realized in the ruin and civil war to follow, Texas can tread the wine press alone in the day of her misfortune, even as her freemen trod it in the past; and if she fails in the effort to maintain liberty and her institutions upon her own soil, she will feel that posterity will justify her and lay no blame at her door. Texas, unlike Alabama, has a frontier subject to hostile incursions. Even with the whole power of the United States to defend her, it is impossible to prevent frequent outrages upon her citizens. The numerous tribes of Indians, now controlled by the United States, and restrained by treaty stipulations and the presence of the army, would by the dissolution of the Union be turned loose to provide for them- selves, and judging from the past it is not unreasonable to suppose they will direct their savage vengeance against Texas. The bandits of Mexico have within the past year given an evidence of their will- ingness to make inroads upon us could they do so with impunity. These are some of the consequences of disunion which we of the border cannot shut out from our sight. If Texas has been compelled to resort to her own means of defense when connected with the pres- ent Union, it is not to be supposed that she could rely for protection on an alliance with the Gulf States alone, and having grown self- reliant amid adversity and continued so as a member of the Union, it will be but natural that her people, feeling that they must look to themselves, while sympathizing equally with those States whose insti- tutions are similar to their own, will prefer a separate nationality to even an equal position in a confederacy which may be broken and destroyed at any moment by the caprice or dissatisfaction of one of its members. Texas has views of expansion not common to many of her sister States. Although an empire within herself, she feels that there is an empire beyond essential to her security. She will not be content to have the path of her destiny clogged. The same spirit of enterprise which founded a republic here will carry her institutions southward and westward. Having when but a handful of freemen withstood the power of that Nation and wrung from it her independ- ence, she has no fear of Abolition power while in the Union; and should it be the resolve of her people to stand by the Constitution and maintain in the Union those rights guaranteed to t~iem, she will even be proof against the utter ruin and ignominy~ depicted in your communication. A people determined to maintain their rights can neither be ruined nor degraded, and if Texas takes upon herself the holy task of sustaining the Constitution, even in the midst of its enemies, history will accord her equal praise with those who sought only their own safety and left the temple of liberty in their possession. Were I left to believe that Alabama is disposed to second the efforts made to secure the co-operation of the South in demanding redres Page 75 CONFEDERATE AUTHORITIES. 75 for our grievances, or that her course would in the least depend upon that of Texas, I would suggest such views as sincere and earnest reflection have induced. But as you express the opinion that Ala- bama will, through her convention, without waiting to know the senti- ments of the people of Texas, act for herself, there can be no reason why I should press them upou your attention, nor is it a matter of importance whether they reflect the popular sentiment of the State or not. They would be alike unavailing. Nor will I enter into a dis- cussion as to how far the idea of the adoption of the Constitution of the United States will be acceptable to the people of the States form- ing a Southern confederacy. TNit Constitution was a compromise of conflicting interests. It was framed so as to protect the slave-holding States against the encroachments of the non-slave-holding. The statesmen of the South secured a representation for three-fifths of our slave property. Whether this and other provisions of that instru- ment will be deemed applicable to States which have no conflicting interests so far as slavery is concerned is not for me to say; but I cannot refrain from expressing the opinion that if the proud and gal- lant people of Alabama are willing to still cover themselves and their posterity under the folds of the old Constitution of the United States in its purity and truth, the rights of Texas will be secure in the present Union, so long as that Constitution is preserved and con- trols the administration of the Government; and although the administration of the Government by a sectional, hostile majority will be distasteful to the feelings of Texas, if she can, by fair and constitutional means, induce that majority to yield obedience to the Constitution and administer the Government in accordance with it, the triumph will be hers, and we will escape the miseries of civil war and secure to us and to our posterity all the jAessings of liberty which by the power of union made us the greatest nation on earth. Recognizing as I do the fact that the sectional tendencies of the Black Republican party call for determined constitutional resistance at the hands of the united South, I also feel that the million and a half of noble-hearted, conservative men who have stood by the South, even to this hour, deserve some sympathy and support. Although we have lost the day, we have to recollect that our conservative Northern friends cast over a quarter of a million more votes against the Black Republicans than we of the entire South. I cannot declare myself ready to desert them as well as our Southern brethren of the border (and such, I believe, will be the sentiment of Texas) until at least one firm attempt has been made to preserve our constitutional rights within the Union. In condusion, allow me to s~y that what- ever may be the future of the people of Alabama, my hopes and ardent prayers for prosperity will attend them. When I remember their progress and the evidences they have had of the blessings of free government, I join you in the belief that they will not act with rash- ness or thoughtlessness, but with mature and deliberate considera- tion.~ Forty-seven years ago, to prevent the massacre of her citizens, it was upon her soil that I gave the first proofs of my manhood in devotion to the Union. The flag that I followed then was the same Stars and Stripes which the sons of Alabama have aided to plant on many a victorious field. Since then Alabama has risen from an almost wilderness region (under the fostering care of the Federal Government and the power embraced in union) to a great, wealthy, and prosperous people, and obtained a position which without union with the other States she could not have achieved for ages, if ever Page 76 76 CORRESPONDENCE, ETC. Receive for yourself and the people of Alabama, whose accredited commissioner you are, the assurances of my esteem and consideration. I have the honor to be your most obedient servant, SAM. HOUSTON. MONTGOMERY, January 21, 18G1. His Excellency A. B. MOORE: SIR: The rapidity with which information is now communicated from place to place and the almost hQurly occurrence of most impor- tant events render the recitals of this communication a mere repetition of facts already familiar to the public mind, and though the events herein recited concern the recent dissolution of a great Government, they have already lost much of their absorbing interest because of the rapid succession of other great political changes of a more recent date. The convention of the people of the State of Mississippi assembled at the city of Jackson on the p7th day of the present month, and the Hon. William S. Barry, of Columbus, was elected president. Then, after other officers were chosen, the convention proceeded to the consideration of the great question which they had been empowered to decide. The object of my mission was made known to His Excel- lency J. J. Pettus, the Governor of that State, in a formal note, and was by him communicated to the convention; and as commissioner from this State I was invited to and accepted a seat in the convention, and during my stay at the capital of Mississippi I witnessed the pro- ceedings of the convention, in its secret as well as its public sessions. The convention was composed of ninety-nine delegates, including many of the most distinguished men of the State, and its deliberations were conducted with the order, dignity, and solemnity fitting the deliberations of a sovereign people changing their form of government. There was a large majority of delegates who favored the immediate dissolution of the political connection between that State and the Gov- ernment of the United States, and a respectable minority was opposed to the separate action of the State, but no delegate favored the con- tinuance of the union longer than was necessary to obtain the sanc- tion of the Southern States. The debates arising from these differences of opinion among the delegates were conducted with great courtesy and forbearance. On the one side the majority did not resort to the parliamentary rules sometimes used to stifle debate, and on the other the minority opposed no factious opposition to the will of the majority. No bitter personalities marred the harmony of that body assembled not to honor or to punish individuals, but to direct the destiny of the State and to save its people from wrongs and dishonor. On Wednesday, the 9th day of this month, a committee appointed for that purpose reported an ordinance declaring the State of Mississippi to be separated from the other States of the Union, and also giving the consent of the people of that State to the formation of a confederacy, on the basis of the present Constitution, with such States as had then or might thereafter secede from the then Federal Union. Various amendments were proposed and rejected, and about 5 oclock in the evening the ordinance was passed by a vote of 84 to 14. During the call of the roll several of the delegates made remarks explaining their votes, and though some of these remarks were most eloquent and patriotic and were listened to by a large concourse of spectators, there was no symptom of applause or other disorder to disturb the solemnit Page 77 CONFEDERATE AUTHORITIES. 77 of the scene. When the president announced the passage of the ordi- nance prayei~ was offered in the most fervent and impressive manner to the great Ruler of Nations for the peace, protection, and prosperity of the new republic. It was a scene of moral grandeurthe doing of a brave deed by a gallant people, trusting in God. On the day after the passage of the ordinance I was formally invited to address the convention, but as the purpose of my mission had been accomplished, and having no authority from the convention of Ala- bama to make any propositions concerning the formation of a new government, and not even knowing what would be the action of our State, I thought it best that I should not address the convention, and therefore declined the invitation. The ordinance of secession was enrolled on parchment, and it was signed on the 15th instant by every delegate except two, who were absent from the convention. The peo- ple of Mississippi are no longer divided. They are of one mind, ready to spend their fortunes and their lives to make good that which their delegates have ordained. As the minority of the delegates made no factious opposition, so the minority of the people are not inclined to make a seditious resistance to the sovereignty of the State. Those who were opposed to changing the form of government are now, with a patriotism worthy of all honor, determined to conquer or die in defense of the rights and sovereignty of their State. I left Jackson on the 18th instant, after having informed the Governor and the con- vention of my intention to do so. I have the honor to be, with great respect, your obedient servant, EDMUND W. PETTUS. JOINT RESOLUTION concerning the position of Virginia in the event of the dissolution of the Union. Adopted January 21, 1861. Resolved by the General Assembly of Virginia~ That if all efforts to reconcile the unhappy differences existing between the two sections of the country shall prove to be abortive, then, in the opinion of the General Assembly, every consideration of honor and interest demands that Virginia shall unite her destiny with the slave-holding States of the South. AN ORDINANCE to declare and continue in force in this State sundry laws of the late United States of America in reference to the African slave-trade. The people of Georgia in convention assembled do hereby declare and ordain, That all the laws passed by the Cpngres~ of the late United States of America and in force in this State prior to the 19th day of January, 1861, in reference to the African slave-trade, except the fifth section of the act of the 10th of May, 1800, and also so much of the act of 15th of May, 1820, as declares the offenses therein speci- fied to be piracy, and in lieu of the penalty of death therein specified there shall be substituted imprisonment in the penitentiary for a term of years not less than five nor exceeding twenty, in the discretion of the court, be, and the same are hereby, declared to be in full force in this State: Provided, The same shall not be construed to extend to the importation of negro slaves from any one of the slave-holding States of the late United States of America, or from either of the independent, republics of South Carolina, Alabama, Florida, or Mis- sissippi: Provided further, The slaves so introduced from the slave- holding States of North America shall not have been imported from beyond seas into such State since the 20th day of December, 1860 Page 78 78 CORRESPONDENCE, ETC. Be it further ordained and declared, That the Governor of Georgia shall (liseharge all the duties required by said laws of the President of the United States, and the attorney or solicitor general of the judi- cial district where the case arises shall discharge all the dnties required of the district attorney, and the sheriff of the county all the duties required of the marshal. Be it further ordained, That the State of Georgia shall be substi- tuted for the United States in every portion of the said laws where the substitution is required by the present independetit condition of said State. Passed January 23, 1861. GEG. W. CRAWFORD, President. Attest. A. R. LAMAR, Secretary. AN ORDINANCE to provide for the public defense. Be it further ordained by the people of the State of Georgia in con- vention assembled, That the Governor of this State is hereby author- ized to raise and equip a regular military force and to employ the same in such defensive service as the public security in this or neigh- boring States may demand. Such regular force shall not exceed two regiments of infantry and light infantry and artillery, in such pro- portion as the Governor may direct. The Governor as commander- in-chief shall appoint and commission the necessary officers for these forces, selecting as far as practicable officers of the U. S. Army who may have entered the service of this State, according to their relative rank, and all such commissions may be revoked whenever a govern- ment shall be established by the Southern States to which Georgia shall accede. The officers and enlisted men raised by this ordinance shall receive the same pay and emoluments as are provided for simi- lar service by the laws of the United States. And be it further ordained, That for the regulation of all military matters not otherwise provided for by the laws of this State, the Articles of War and the Army Regulatiomis declared and established by the United States Government as lately existing, are hereby adopted as far as applicable to the present condition of this State. Passed January 25, 1861. GEG. W. CRAWFORD, President. Attest. A. R. LAMAR, Secretary. AN ORDINANCE to resume jurisdiction over those places within the limits of Georgia over which jurisdiction has been heretofore ceded to the late United States of America, and to provide for compensation to the said United States for the improvements erected thereon. The people of Georgia in convention assembled do hereby declare and ordain, That the cessions heretofore made by the General Assembly of this State granting jurisdiction to the late United States of America over specified portions of the territory within the present limits of the State of Georgia be, and the same are hereby, revoked and withdrawn Page 79 CONFEDERATE AUTHORITIES. 79 and the full jurisdiction and sovereignty over the same are hereby resumed by said State. Be it further ordained, That the buildings, machinery, fortifications, or other improvements erected on the land so heretofore ceded to the said United States, or other property found therein belonging [to] the United States, shall be held by this State subject to be acconnted for in any future adjustment of the claims between this State and the said United States. Passed January 25, 1861. GEG. W. CRAWFORD, President. Attest. A. R. LAMAR, Secretary. AN ORDINANCE concerning officers of the Army and Navy. Whereas, certain officers of the Army and Navy of the United States, citizens of the State of Georgia, impelled by patriotic motives, have already resigned their appointments and tendered their services to the State; and whereas, others may desire to make the same tender: Be it ordained by the people of Georgia in convention assembled, That all such officers who have resigned for the purposes aforesaid, or have made such offer, and all those on the active-list who may resign and make such tender of service within such time as circumstances may admit, shall be received into the service of the State and shall be appointed and commission~d by the Governor to the same relative rank in the army and navy of Georgia which they held under the Gov- eminent of the United States, and shall receive the same pay from their entrance into service as they were entitled to at the time of their resignations: Provided, That the Governor of this State shall employ such officers in the service to which they may be respectively attached in such manner as in his judgment the public exigencies may require. Passed January 25, 1861. GEO. W. CRAWFORD, President of the Convention. Attest. A. R. LAMAR, Secretary. AN ORDINANCE to define and declare what shall be treason and misprision of treason in the State of Georgia, and also certain feL4hies. The people of Georgia in convention assembled do hereby declare and ordain, That if any person or persons owing allegiance to the State of Georgia shall levy war against said State or shall adhere to her enemies, giving them aid and comfort within the said State or elsewhere, or shall, in the name of the late United States of America or any other foreign power, seize or attempt to seize and hold posses- sion, against the declared will of said State, of any fort, arsenal, mint, or other building within the territorial limits of said State, and shall be thereof convicted on confession in open court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the State of Georgia and shall suffer death. A person having knowledge of the commission of any of the treason- able acts aforesaid, and conceals or fails to disclose the same as soo Page 80 80 CORRESPONDENCE, ETC. as may be to the Governor of said State or some one of the judges thereof, shall be guilty of misprision of treason, and on conviction shall be punished by imprisonment and labor in the penitentiary not less than five nor longer than ten years. Any citizen of the State of Georgia, wherever resident, who shall, without the permission of the said State, directly or indirectly, com- mence or carry on any verbal or written correspondence or intercourse with any foreign government, or any officer or agent thereof, with any intent to influence the measures or conduct of such government adversely to the existence or interests of said State in relation to any disputes or controversies with said State or to defeat the measures of the government of said State; or if any such person not duly author- ized shall counsel, advise, aid, or assist in any such correspondence, such citizen of Georgia shall be guilty of a felony, and on conviction shall be punished by imprisonment in the penitentiary not less than one nor more than three years and by a fine not exceeding $5,000. Passed January 26, 1861. GEG. W. CRAWFORD, President. Attest. A. R. LAMAR, Secretary. AN ORDINANCE to dissolve the union between the State of Louisiana and other States united with her under the compact entitled The Constitution of the United States of America. We, the people of the State of Louisiaha, in convention assembled, do declare and ordain, and it is hereby declared and ordairted, That the ordinance passed by us in convention on the 22d day of Novem- ber, in the year eighteen hundred and eleven, whereby the Constitu- tion of the United States of America and the amendments of the said Constitution were adopted, and all laws and ordinances by which the State of Louisiana became a member of the Federal Union, be, and the same are hereby, repealed and abrogated; and that the union now subsisting between Louisiana and other States under the name of The United States of America~~ is hereby dissolved. We do further declare and ordain, That the State of Louisiana hereby resumes all rights and powers heretofore delegated to the Gov- ernment of the United States of America; that her citizens are absolved from all allegiance to said Government, and that she is in full posses- sion and exercise of all those rights of sovereignty which appertain to a free and independent State. We do further declare and ordain, That all rights acquired and vested under the Constitution of the United States, or any act of Con- gress, or treaty, or under any law of this State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed. Adopted in convention at Baton Rouge this 26th day of January, 1561.* A. MOUTON, Attest. President of the Convention. J. THOS. WHEAT, Secretary of the Gonvention. *See foot-note, Series I, Vol. LIII, p. 617 Page 81 CONFEDERATE AUTHORITIES. 81 A RESOLUTION passed by the convention of the people of Mississippi January 26, 1861. Resolved, That our Senators and Representatives in the Congress of the Southern Confederacy, when it shall be formed, be and they are requested to use their influence to have a military academy similar to that of the United States at West Point, and that the cadets from the seceding States, now or recently at West Point, upon application, be transferred to said academy; and that others be received from time to time in accordance with the provisions of the act of Congress establishing it. SEc. 2. Be it further r& solved, That the secretary of this convention furnish Senators and Representatives with a copy of this resolation. Attest. F. A. POPE, Secretary of the Convention. [JANUARY 29, 1861.For the Governor of Alabama to Lomax and Todd, authorizing the acceptance of volunteers, at Pensacola, for twelve months service, see Series I, Vol. LII, Part II, p. L5.] TUESDAY, January 29, 1861. * * * * * * * * Mr. Kisbet, from the committee of seventeen to report the ordinance of secession, after stating that it was written by Mr. Toombs, made the following report, which was taken up, read, and adopted: The people of Georgia having dissolved their political connection with the Gov- ernment of the United States of America, present to their confederates and the world the causes which have led to the separation. For the last ten years we have had numerous and serious causes of complaint against our non-slave-holding confederate States with reference to the subject of African slavery. They have endeavored to weaken our security, to disturb our domestic peace and tranquillity, and persistently refused to comply with their express constitutional obligations to us in reference to that property, and by the use of their power in the Federal Government have striven to deprive us of an equal enjoyment of the common Territories of the Republic. This hostile policy of our confederates has been pursued with every circumstance of aggravation which could arouse the passions and excite the hatred of our people, and has placed the two sections of the Union for many years past in the condition of virtual civil war. Our people, still attached to the Union from habit and national traditions, and averse to change, hoped that time, reason, and argument would bring, if not ;edress, at least exemption from further insults, injuries, and dangers. Recent events have fully dissipated all such hopes and demonstrated the necessity of separation. Our Northern confederates, after a full and calm hearing of all the facts, after a fair warning of our purpose not to submit to the rule of the authors of all these wrongs and injuries, have by a large majority committed the Government of the United States into their hands. The people of Georgia, after an equally full and fair and deliberate hearing of the case, have declared with equal firmness that they shall not rule over them. A brief history of the rise, progress, and policy of anti-slavery and of the political organization into whose hands the administration of the Federal Government has been committed will fully justify the pronounced verdict of the people of Georgia. The party of Lincoln, called the Republican party, under its present name and organization, is of recent origin. It is admitted to be an anti-slavery party. While it attracts to itself by its creed the scat- tered advocates of exploded political heresies, of condemned theories in political economy, the advocates of commercial restrictions, of protection, of special * From Journal of the Georgia Convention. 6 R RSERIES Iv, VOL Page 82 82 CORRESPONDENCE, ETC. privileges, of waste and corruption in the administration of Government, anti- slavery is its mission and its purpose. By anti-slavery it is made a power in the state. The question of slavery was the great difficulty in the way of the formation of the Constitution. While the subordination and the political and social inequality of the African race was fully conceded by all, it was plainly apparent that slavery would soon disappear from what are now the non-slave-holding States of the original thirteen. The opposition to slavery was then, as now, general in those States and the Constitution was made with direct reference to that fact. But a distinct abolition party was not formed in the United States for more than half a century after the Government went into operation. The main reason was that the North, even if united, could not control both branches of the Legislature during any portion of that time. Therefore such an organization must have resulted either in utter failure or in the total overthrow of the Government. The material prosperity of the North was greatly dependent on the Federal Government; that of the South not at all. In the first years of the Republic the navigating, commercial, and manufacturing interests of the North began to seek profit and aggrandizement at the expense of the agricultural inter- ests. Even the owners of fishing smacks sought and obtained bounties for pursuing their own business (which yet continue), and $500,000 is now paid them annually out of the Treasury. The navigating interests begged for protection against foreign shipbuilders and against competition in the coasting trade. Con- gress granted both requests, and by prohibitory acts gave an absolute monopoly of this business to each of their interests, which they enjoy without diminution to this day. Not content with these great and unjust advantages, they have sought to throw the legitimate burdens of their business as much as possible upon the public; they have succeeded in throwing the cost of light-houses, buoys, and the maintenance of their seamen upon the Treasury, and the Government now pays above $2,000,000 annually for the support of these objects. These interests, in connection with the commercial and manufacturing classes, have also succeeded, by means of subventions to mail steamers and the reduction of postage, in relieving their business from the payment of about $7,000,000 annually, throwing it upon the public Treasury under the name of postal deficiency. The manu- facturing interests entered into the same struggle early, and has clamored steadily for Government bounties and special favors. This interest was confined mainly to the Eastern and Middle non-slave-holding States. Wielding these great States it held great power and influence, and its demands were in full pro- portion to its power. The manufacturers and miners wisely based their demands upon special facts and reasons rather than upon general principles, and thereby mollified much of the opposition of the opposing interest. They pleaded in their favor the infancy of their business in this country, the scarcity of labor and capi- tal, the hostile legislation of other countries toward them, the great necessity of their fabrics in the time of war, and the necessity of high duties to pay the debt incurred in our war for independence. These reasons prevailed, and they received for many years enormous bounties by the general acquiescence of the whole country. But when these reasons ceased they were no less clamorous for Government protection, but their clamors were less heededthe country had put the principle of protection upon trial and condemned it. After having enjoyed protection to the extent of from 15 to 200 per cent. upon their entire business for above thirty years, the act of 1846 was passed. It avoided sudden change, but the principle was settled, and free trade, low duties, and economy in public expenditures was the verdict of the American people. The South and the North- western States sustained this policy. There was but smallope of its reversal; upon the direct issue, none at all. All these classes saw this and felt it and cast about for new allies. The anti-slavery sentiment of the North offered the best chance for success. An anti-slavery party must necessarily look to the North alone for support, but a united North was now strong enough to control the Government in all of its departments, and a sectional party was therefore deter- mined upon. Time and issues upon slavery were necessary to its completion and final triumph. The feeling of anti-slavery, which it was well known was very general among the people of the North, had been long dormant or passive; it needed only a question to arouse it into aggressive activity. This question was before us. We had acquired a large territory by successful war with Mexico; Congress had to govern it; how, in relation to slavery~, was the question then demanding solution. This state of facts gave form and shape to the anti-slavery sentiment throughout the North and the conflict began. Northern anti-slavery men of all parties asserted the right to exclude slavery from the territory by Congressional legislation and demanded the prompt and efficient exercise of this power to that end. This insulting and unconstitutional demand was met wit Page 83 CONFEDERATE AUTHORITIES. 83 great moderation and firmness by the South. We had shed our blood and paid our money for its acquisition; we demanded a division of it on the line of the Mis- souri restriction or an equal participation in the whole of it. These propositions were refused, the agitation became general, and the public danger great. The case of the South was impregnable. The price of the acquisition was the blood and treasure of both sectionsof all, and, therefore, it belonged to all upon the principles of equity and justice. The Constitution delegated no power to Con- gress to exclude either party from its free enjoyment; therefore our right was good under the Constitution. Our rights were further fortified by the prac- tice of the Government from the beginning. Slavery was forbidden in the country northwest of the Ohio River by what is called the ordinance of 1787. That ordinance was adopted under the old confederation and by the assent of Vir- ginia, who owned and ceded the country, and therefore this case must stand on its own special circumstances. The Government of the United States claimed territory by virtue of the treaty of 1783 with Great Britain, acquired territory by cession from Georgia and North Carolina, by treaty from France, and by treaty from Spain. These acquisitions largely exceeded the original limits of the Repub- lic. In all of these acquisitions the policy of the Government was uniform. It opened them to the settlement of all the citizens of all the States of the Union. They emigrated thither with their property of every kind (including slaves). All were equally protected by public authority in their persons and property until the inhabitants became sufficiently numerous and otherwise capable of bearing the burdens and performing the duties of self-government, when they were admitted into the Union upon equal terms with the other States, with whatever republican constitution they might adopt for themselves. Under this equally just and beneficent policy law and order, stability and progress, peace and pros- perity marked every step of the progress of these new communities until they entered as great and prosperous commonwealths into the sisterhood of American States. In 1820 the North endeavored to overturn this wise and successful policy and demanded that the State of Missouri should not be admitted into the Union unless she first prohibited slavery within her limits by her constitution. After a bitter and protracted struggle the North was defeated in her special object, but her policy and position led to the adoption of a section in the law for the admis- sion of Missouri, prohibiting slavery in all that portion of the territory acquired from France lying north of 36~ 30 north latitude and outside of Missouri. The venerable Madison at the time of its adoption declared it unconstitutional. Mr. Jefferson condemned the restriction and foresaw its consequences and predicted that it would result in the dissolution of the Union. His prediction is now history. The North demanded the application of the principle of prohibition of slavery to all of the territory acquired from Mexico and all other parts of the public domain then and in all future time. It was the announcement of her purpose to appropriate to herself all the public domain then owned and there- after to be acquired by the United States. The claim itself was less arrogant and insulting than the reason with which she supported it. That reason was her fixed purpose to limit, restrain, and finally to abolish slavery in the States where it exists. The South with great unanimity declared her purpose to resist the principle of prohibition to the last extremity. This particular question, in con- nection with a series of questions affecting the same subject, was finally dis- posed of by the defeat of prohibitory legislation. The Presidential election of 1852 resulted in the total overthrow of the advocates of restriction and their party friends. Immediately after this result the anti-slavery portion..of the defeated party resolved to unite all the elements in the North opposed to slavery and to stake their future political fortunes upon their hostility to slavery everywhere. This is the party to whom the people of the North have committed the Govern- ment. They raisedtheir standard in 1856 and were barely defeated. They entered the Presidential contest again in 1860 and succeeded. The prohibition of slavery in the Territories, hostility to it everywhere, the equality of the black and white races, disregard of all constitutional guarantees in its favor, were boldly proclaimed by its leaders and applauded by its followers. With these principles on their ban- ners and these utterances on their lips the majority of the people of the North demand that we shall receive them as our rulers. The prohibition of slavery in the Territories is the cardinal principle of this organization. For forty years this question has been considered and debated in the halls of Congress, before the people, by the press, and before the tribunals of justice. The majority of the people of the North in 1860 decided it in their own favor. We refuse to submit to that judgment, and in vindication of our refusal we offer the Constitution of our country and point to the total absence of any express power to exclude us. We offer the practice of our Government for the first thirty years of its existence i Page 84 84 CORRESPONDENCE, ETC. complete refutation of the position that any such power is either necessary or proper to the execution of any other power in relation to the Territories. We offer the judgment of a large minority of the people of the North, amounting to more than one-third, who united with the unanimous voice of the South against this usurpation; and, finally, we offer the judgment of the Supreme Court of the United States, the highest judicial tribunal of our country, in our favor. This evidence ought to be conclusive that we have never surrendered this right. The conduct of our adversaries admonishes us that if we had surrendered it, it is time to resume it. The faithless conduct of our adversaries is not con- fined to such acts as might aggrandize themselves or their section of the Union. They are content if they can only injure us. The Constitution declares that persons charged with crimes in one State and fleeing to another shall be deliv- ered up on the demand of the executive authority of the State from which they may flee, to be tried in the jurisdiction where the crime was committed. Jt would appear difficult to employ language freer from ambiguity, yet for above twenty years the non-slave-holding States generally have wholly refused to deliver up to us persons charged with crimes affecting slave property. Our confederates, with punic faith, shield and give sanctuary to all criminals who seek to deprive us of this property or who use it to destroy us. This clause of the Constitution has no other sanction than their good faith; that is withheld from us; we are remediless in the Union; out of it we are remitted to the laws of nations. A similar provision of the Constitution requires the~u to surrender fugi- tives from labor. This provision and the one last referred to were our main inducements for confederating with the Northern States. Without them it is historically true that we would have rejected the Constitution. In the fourth year of the Republic Congress passed a law to give full vigor and efficiency to this important provision. This act depended to a considerable degree upon the local magistrates of the several States for its efficiency. The non-slave-holding States generally repealed all laws intended to aid the execution of that act, and imposed penalties upon those citizens whose loyalty to the Constitution and their oaths might induce them to discharge their duty. Congress then passed the act of 1850, providing for the complete execution of this duty by Federal officers. This law, which their own bad faith rendered absolutely indispensable for the protection of constitutional rights, was instantly met with ferocious revilings and all conceiv- able modes of hostility. The Supreme Court unanimously, and their own local courts with equal unanimity (with the singie and temporary exception of the supreme court of Wisconsin) , sustained its constitutionality in all of its provisions. Yet it stands to-day a dead letter for all practicable purposes in every non-slave- holding State in the Union. We have their covenants, we have their oaths to keep and observe it, but the unfortunate claimant, even accompanied by a Fed- eral officer with the mandate of the highest judicial authority in his hands, is everywhere met with fraud, with force, and with legislative enactments to elude, to resist, and defeat him. Claimants are murdered with impunity; offiders of the law are beaten by frantic mobs instigated by inflammatory appeals from persons holding the highest public employment in these States, and supported by legisla- tion in conflict with the clearest provisions of the Constitution, and even the ordinary principles of humanity. In several of our confederate States a citizen cannot travel the highway with his servant who may voluntarily accompany him, without being declared by law a felon and being subjected to infamous punish- ments. It is difficult to perceive how we could suffer more by the hostility than by the fraternity of such brethren. The public law of civi~jzed nations requires every State to restrain its citizens or subjects from ~ommit~ing acts injurious to the peace and safety of any other State and from attempting to excite insurrection, or to lessen the security, or to disturb the tranquillity of their neighbors, and our Constitution wisely gives Congress tbe power to punish all offenses against the laws of nations. These are sound and just principles which have received the approbation of just men in all countries and all centuries; but they are wholly disregarded by the people of the Northern States, and the Federal Government is impotent to maintain them. For twenty years past the abolitionists and their allies in the Northern States have been engaged in constant efforts to subvert our institutions and to excite insurrection and servile war among us. They have sent emissaries among us for the accomplishment of these purposes. Some of these efforts have received the public sanction of a majority of the leading men of the Republican party in the national councils, the same men who are now proposed as our rulers. These efforts have in one instance led to the actual invasion of one of the slave-holding States, and those of the murderers and incendiaries who escaped public justice by flight have found fraternal protection among our North- ern confederates. These are the men who say the Union shall be preserved. Suc Page 85 CONFEDERATE AUTHORITIES. 85 are the opinions and such are the practices of the Republican party, who have been called by their own votes to administer the Federal Government under the Constitution of the United States. We know their treachery; we know the shal- low pretenses under which they daily disregard its plainest obligations. If we submit to them it will be our fault and not theirs. The people of Georgia have ever been willing to stand by this bargain, this contract; they have never sought to evade any of its obligations; they have never hitherto sought to establish any new government; they have struggled to maintain the ancient right of themselves and the human race through and by that Constitution. But they know the value of parchment rights in treacherous hands, and therefore they refuse to commit their own to the rulers whom the North offers us. Why? Because by their declared principles and policy they have outlawed $3,000,000,000 of our property in the common territories of the Union; put it under the ban of the Republic in the States where it exists and out of the protection of Federal law everywhere; because they give sanctuary to thieves and incendiaries whQ assail it to the whole extent of their power, in spite of their most solemn obligations and covenants; because their avowed purpose is to subvert our society and subject us not only to the loss of our property but the destruction of ourselves, our wives, and our chil- dren, and the desolation of our homes, our altars, and our firesides. To avoid these evils we resume the powers which our fathers delegated to the Government of the United States, and henceforth will seek new safeguards for our liberty, equality, security, and tranquillity. * * * * * * * EXECUTIVE DEPARTMENT, Tallahassee, February 2, 1861. GENTLEMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES: The people of the State having declared themselves a sovereign and independent nation, the duty of providing by law proper measures for the defense of that sovereignty and independence is, by the consti- tution, cast upon the executive and legislative branches of the govern- ment of the State, and it is particularly my duty to call your attention to such matters as may seem to me to justify the belief that the State is in danger from any foe, and to call on you to unite with me in defend- ing her from injury. The occurrences of the last two months suffi- ciently indicate that this State and any others of the slave-holding States which have or yet may decide to separate from any political con- nection with the non-slave-holding States of the late American Union will not be permitted to accomplish such separation in a peaceable manner, and that they must maintain the independence which they assert and claim to have the right to assume by a show of force, per- haps by an actual resort to arms, however powerful may be the argu- ment on which we rely to justify our separation. However much we may be convinced of our right to adopt the course wkich as a people we have determined to pursue to avert from us aiid our posterity the calamities which we feared would befall us and them from the contin- uance of a Government in a just share of the power of which we could not reasonably expect to enjoy, although the wrong and injuries we had experienced without any adequate redress from the Government of the United States were such as rendered the advantages we derived from it no adequate compensation for the evils to which it left us exposed, and although we as a free, enlightened, and Christian people have, after long suffering and expostulation with those who sought to injure us under the forms of legislation and under the shield of the Union, been driven to the exercise of the right to reassume to our State the powers delegated to the Federal Union of States which existed under the Constitution of the United States, which right is plain and incon- testable by any of the principles upon which the independence of th Page 86 86 CORRESPONDENCE, ETC. American colonies was placed by the illustrious men who framed and adopted the declaration of the reasons which governed the people of the colonies in their action; yet it is manifest that the inhabitants of the non-slave-holding States are hardening their hearts against all signs and evidences which justify our exodus from among them, and that, like Egyptians of old, they are not willing that we should depart in peace from our state of bondage, but, in the spirit of the oppressor, they seek to tighten their grasp upon a people who have been to them an abundant source of profit and advantage, and are preparing their host to follow after and to return us to a captivity the latter end of which must be worse than the first. Whilst President Buchanan has officially declared that he has no power to employ the military and naval forces under his control in any overt act of hostility against any of the States which have dissolved their connection with the late Federal Union, yet it is apparent that he supports officers of the Army nnder his control in the hostile occupation of portions of the territory of this State and our sister State of South Carolina, per- mits his general and members of his Cabinet to set on foot military expeditions against us, re-enforce forts, order men-of-war to hover on our coast in hostile array, and has advised Congress to pass laws for the purpose of collecting revenue from imposts into our State by means of armed vessels. This conduct of President Buchanan, which is totally at war with our claim of independence and sovereignty, is not only recognized to be correct and supported by the representa- tives of the non-slave-holding States sitting in Congress at Washing- ton, and claiming to be the Congress of the United States, but they have, by speech and votes, manifested a firm resolve to disregard the act of the people, done in convention, dissolving the political ties which united ns with the people whom they represent, and declare their purpose, so soon as they can attain further power by the inau- guration of a President elected by themselves, without the voice and in direct opposition to the will of our people, to use all the military and naval power which they may be enabled to acquire the possession and control of to subjugate our people and those of the States con- curring with us, and to compel us to submit to that Government which we resolved to throw off becanse its further continuance menaced the destruction of our rights and liberties. We have unmistakable evi- dence of every kind that is significant and reliable that the people of the non-slave-holding States sustain the action and declared purposes of those whom they chose by a large majority of their voices to repre- sent them and rule us. We have seen Legislatures of the great States of New York, Ohio, and Massachusetts pa~sing resolutions pledging men and money to aid in fastening upon us again the chains with which they hope to attach us forever to a condition of bondage and vassalage to an unfriendly people. No friendly voice was lifted in the councils of these States to defend our action and to maintain our right to throw off a Government which, in our opinion, no longer conferred on us those blessings of peace and domestic tranquillity which it was founded to secure. No one was heard to ntter that truth which our ancestors had inserted in their Declaration of Independ- ence, that all governments derive their just powers from the con- sent of the governed. Of all the mighty thousands of Northern men whom we were beseeched to trust to as a sufficient means to guard us against the ruin which we foresaw in the impending ascendancy of the Black Republican party, not even a respectable minority in the Legislatures alluded to opposed their votes to such foul acts o Page 87 CONFEDERATE AUTHORITIES. 87 unfriendly power. No lover of human liberty was heard to exclaim, wherever people calling themselves Republicans were, through their representatives, offering to furnish the means to compel millions of their fellow-mentheir equals and lately their fellow-citizens to submit to a Government under which they honestly believed they could not enjoy their admitted and just rights. No Burke, no Barre, no Fox, declared against acts of tyranny far more odious and cruel than those which a North and a Bute perpetrated under the authority of a Crown, and which found illustrious patriots ready to denounce in the hearing of the ~mighty monarch who sat on the throne of Great Britain. We are not only assuNd that force of arms is to be employed to compel us to pass under the yoke of Black Republican rule by the evidences I have alluded to, derived from legislative proceedings of the State Legisla- tures and of representative men in Congress from non-slave-holding States, but daily the press and the pulpit pour forth denunciations against our people and earnestly count the days yet to lapse when they fervently hope to see their representative man, Abraham Lin- coln, enthroned at Washington in undisputed possession of all the machinery of the Government, supported by the military chieftain, who, like Napoleon at Paris, coolly and deliberately, without remorse or hesitancy, plants the cannon that is to mow down, at his word of command, his fellow-citizens, whom a love of liberty may urge to make an effort to save the tomb of Washington from remaining in the keeping of those who have forgotten his precepts, and have by the organization of a sectional party destroyed the Government and buried the spirit of the Constitution. We are forewarned of coming attacks upon our political and civil liberties, and shall we not be forearmed? We have yet heard but the mutterings of the thunder, but the storm is not afar off. It may pass by us, but let us be pre- pared to meet it firmly and avert from our people the injury with which it threatens them. Let us remember the voice of that illus- trious Southerner whose mortal remains lie entombed on the banks of the Potomac, who counseled us In time of peace to prepare for war. Let us arm for the contest, and perchance by a show of our force and our readiness for the combat we may escape the realities of war. Already our brethren of the Southern States are arming. We, too, have made some preparation, but much remains undone. We see that even the slave-holding States of Missouri, Tennessee, Virginia, and North Carolina, which have not yet cut loose the ties which connect them politically with the non-slave-holding States, are arming for the con- test. In Virginia the people are ahead of the Legish~ture, and have in their county meetings empowered the county authorities to put the militia on a war footing, and have raised funds for the purchase of arms and ammunition. All these signs and tokens warn us to be ready to defend our rights. With the notes of hostile preparation sounding in our ears, with the example of our brethren (whose fate we must share) to stimulate us, is it not our duty to prepare to sustain by our arms what we have determined upon in our counsels? We who were emulous of being foremost in dissolving the Union should not be laggard in preparing for the contest. We have taken the field. Our flag is unfurled at Pensacola, where our gallant troops stand shoulder to shoulder with the brave volunteers from our sister States, who, with a noble, generous chivalry, stand ready to obey our orders and co-operate with us most cordially in our time of need. Let us make provisions to keep them under arms and ~o cal Page 88 88 CORRESPONDENCE, ETC. out and support them by others should they be needed. The State expects us to do our duty; the people will do theirs. I invite you, therefore, to lend me your aid and to unite with me in providing for the calling into service such a number of troops as may be equal to our defense when assisted, as we shall be, by our sister States who are preparing to unite their political fortunes with ours. I also suggest to you that you should make special appropriations for the pay and maintenance of as many troops as may be called into service, and for the purchase of munitions of war, transportation of troops, and other expenses incidental to the defenses of the State. The States of L0uisiana, Mississippi, Georgia, Alabama, and South Carolina, which have dissolved their connection with the late Federal Union, have elected delegates to meet with those sent from this State to the con- vention to be held in Montgomery, Ala., on the 4th day of this month, being the day suggested by a majority of the seceding States. We may expect, therefore, that the convention will at an early day form a provisional government for the States represented and call for troops and money from the confederates. The quota of Florida will not be large, but we should proceed to organize the force which we are likely to be called on to furnish, and appropriate the means necessary for the maintenance and pay of them and our quota of the expense of the common defense. I am not able to lay before you an estimate of the amount neces- sary, but will readily confer with committees of your bodies, with a view to ascertain what sum of money may be required therefor. Very respectfully, M. S. PERRY. EXECUTIvE DEPARTMENT, Hon. A. B. MEEK, Montgomery, Ala., February 4, 1861. Speaker House of Representatives: SIR: I herewith transmit to the House of Representatives certain preamble and resolutions adopted by the General Assembly of Vir- ginia January 19, 1861. These resolutions have been handed to me by Judge John Robertson, who has been appointed a commissioner to this State by the Legislature of Virginia. The special object of his mission will be fully seen and understood by reference to the resolu- tions. The following communication was addressed to me by Judge Robertson: MONTGOMERY HALL, February 3,1861. His Excellency the GovERNoR OF ALABAMA: Sm: Looking with deep concern at the menacing attitude in which the seceded States and the Government at Washington stand toward each other, the State of Virginia appeals to both parties to abstain from all acts of a hostile tendency until a further effort shall be made to terminate existing differences by an honor- able and peaceful adjustment. I avail myself of the earliest moment to transmit to Your Excellency the resolutions of the General Assembly of Virginia adopted with that view, and commissioning me to convey their friendly mediation to yourself and the authorities of the seceding States. The day for the meeting of the proposed commissioners at Washington you will perceive is at hand. This must be my apology for asking as early a reply as may consist with your conven- ience. It will afford me much pleasure to give, if desired, any further explana- tion in my power touching the objects of my mission on the views and wishes of the State I have the honor to represent. Very respectfully, JOHN ROBERTSON Page 89 CONFEDERATE AUTHORITIES. 89 To this comniunication I returned the following answer: EXECUTIVE DEPARTMENT, Montgomery, Ala., February 3, 1861. Hon. JOHN ROBERTSON, Commissioner from the State of Virginia: Sm: I have the honor to acknowledge the receipt of your letter of this date, with the preamble and resolutions adopted by the General Assembly of Virginia Jan- uary 19, 1861. As Chief Magistrate of the State of Alabama, I extend to you a cordial welcome to the seat of government as commissioner from the Common- wealth of Virginia. From your letter and the resolutions referred to, I under- stand that ex-President John Tyler has been appointed a commissioner to the President of the United States and yourself to South Carolina and the other States that have seceded or shall secede, with instructions respectfully to request the President of the United States and the authorities of such States to agree to abstain, pending the proceedings contemplated by the action of the General Assembly, from any and all acts calculated to produce a collision of arms between the States and the Government of the United States. After tendenng to the State of Virginia, through you, my thanks for the friendly mediation contemplated by the resolutions of her General Assembly, it gives me pleasure to state that Ala- bama in her act of secession and in occupying the forts and arsenals within her limits intended no hostility to the Federal Government. Her sole object has been to protect her rights, interest, and honor without disturbing (if possible) her peaceful relations with the Government of the United States. This I feel assured will continue to be the policy of the State unless the Federal authorities should by some hostile act or demonstration make it necessary to adopt a different course for her protection and the protection of the other States that have seceded or may secede. Whilst I feel authorized to assure you [that Alabama will] do noth- ing intended to produce a collision of arms between the Federal Government and herself, I am equally certain that it is her firm determination to resist at all and any hazard any attempt at coercion. Having no power to appoint delegates to the proposed convention at Washington, the resolutions of the General Assembly of Virginia will be immediately transmitted to the Legislature of this State, where, I have no doubt, they will receive that respectful consideration the high ahd friendly source from which they come entitles them to. Candor, however, compels me to say that I do not feel authorized to indulge the least hope that con- cessions will be made affording such guaranties as the seceding States can or will accept. Being satisfied that the State from which emanated the resolutions of 98 and 99 is as determined to maintain her constitutional rights as the seceded States, I do not entertain a doubt that she will be found co-operating with them when she is convinced that those rights cannot be secured in the Federal Union. For the courteous and dignified manner in which you have made known the object of your mission, you will please accept my thanks. With the highest consideration, I am, yout obedient servant A. B. MOORE. The foregoing letter contains my understanding of the intention and policy of the State of Alabama in regard to her position toward the Federal Government. I deem it proper to lay before the Legis- lature the communication of Judge Robertson to me an~l my answer thereto, that my views may be fully understood. ~I have referred the question of the appointment of commissioners to Washington to the Legislature, having no power to make such appointments myself. I would suggest, however, that as this State, with five others, has with- drawn from the Federal Union and has appointed delegates to a Southern congress, which is now assembled in this city for the pur- pose of establishing a new government, I cannot see with what pro- priety the State could send commissioners to Washington to recon- struct the old Government. Judge Robertson is now in this city. His high character and his friendly mission from the great State of Virginia entitle him to the highest consideration of the authorities of Alabama. Very respectfully, A. B. MOORE Page 90 90 CORRESPONDENCE, ETC. [Inclosure.] JOINT RESOLUTIONS inviting the other States to send commissioners to meet commissioners on the part of Virginia, and providing for the appointment of the same. Adopted January 19, 1861. Whereas, it is the deliberate opinion of the General Assembly of Virginia that unless the unhappy controversy which now divides the States of this confederacy shall be satisfactorily adjusted a perma- nent dissolution of the Union is inevitable, and the General Assem- bly, representing the wishes of the people of the Commonwealth, is desirous of employing every reasonable meaiis to avert so dire a calamity, and determined to make a final effort to restore the Union and the Constitution in the spirit in which they were established by the fathers of the Republic: Therefore 1. Resolved, That on behalf of the Commonwealth of Virginia an invitation is hereby extended to all such States, whether slave-holding or non-slave-holding, as are willing to unite with Virginia in an earnest effort to adjust the present unhappy controversies in the spirit in which the Constitution was originally formed and consist- ently with its principles, so as to afford to the people of the slave- holding States adequate guarantees for the security of their rights, to appoint commissioners to meet on the 4th day of February next, in the city of Washington, similar commissioners appointed by Virginia, to cousider and, if practicable, agree upon some suitable adjustment. 2. Resolved, That Ex-President John Tyler, William C. Rives, Judge John W. Brockenbrough, George W. Summers, and James A. Seddon are hereby appointed commissioners, whose duty it shall be to repair to the city of Washington on the day designated in the fore- going resolution, to meet such commissioners as may be appointed by any of the said States, in accordance with the foregoing resolution. 3. Resolved, That if said commissioners, after full and free con- ference, shall agree upon any plan of adjustment requiring amend- ments of the Federal Constitution for the further security of the rights of the people of the slave-holding States, they be requested to communicate the proposed amendments to Congress, for the purpose of having the same submitted by that body, according to the forms of the Constitution, to the several States for ratification. 4. Resolved, That if said commissioners cannot agree on such adjustment, or if agreeing, Congress shall refuse to submit for ratifi- cation such amendments as may be proposed, then the commissioners of this State shall immediately communicate the result to the Execu- tive of this Commonwealth, to be by him laid before the convention of the people of Virginia and the General Assembly: Provided, That the said commissioners be subject at all times to the control of the General Assembly, or if in session, to that of the State convention. 5. Resolved, That in the opinion of the General Assembly of Vir- ginia the propositions embraced in the resolutions presented to the Senate of the United States by the Hon. John J. Crittenden, so modi- fied as that the first article proposed as an amendment to the Consti- tution of the United States shall apply to all the territory of the United States now held or hereafter acquired south of latitude 36 degrees and 30 minutes, and provide that slavery of the African race shall be effectually protected as property therein during the continu- ance of the territorial government, and the fourth article shall secure to the owners of slaves the right of transit with their slaves between and through the non-slave-holding States and Territories Page 91 CONFEDERATE AUTHORITIES. 91 constitute th~ basis of such an adjustment of the unhappy contro- versy which now divides the States of this confederacy as would be accepted by the people of this Commonwealth. 6. Resolved, That Ex-Presideut John Tyler is hereby appointed by the concurrent vote of each branch of the General Assembly a com- missioner to the President of the United States, and Judge John Robertson is hereby appointed, by a like vote, a commissioner to the State of South Carolina and the other States that have seceded, or shall secede, with instructions respectfully to request the President of the United States and the authorities of such States to agree to abstain, pending the proceedings contemplated by the action of this General Assembly, from any and all acts calculated to produce a collision of arms between the States and the Government of the United States. 7. Resolved, That copies of the foregoing resolutions be forthwith telegraphed to the Executives of the several States, and also to the President of the United States, and that the Governor be requested to inform, without delay, the commissioners of their appointment by tIme foregoing resolutions. [FEBRUARY 5, 1861.For Governor of Alabama to Burtwell and others, authorizing the enlistment of recruits for State service, see Series I, Vol. LII, Part II, p. 16.] MONTGOMERY, ALA., February 6, 1861. * Hon. HOWELL COBB, President of the Southern Congress: The undersigned have the honor to submit to the consideration of the Southern Congress the accompanying resolutions adopted by the General Assembly of the State of North Carolina on the 29th ultimo. We are, with high consideration, your obedient servants, D. L. SWAIN. M. W. RANSOM. JOHN L. BRIDGES. The following were then reported to the Congress as the resolutions accompanying the foregoing communication: 1. Resolved, That for the purpose of effecting an honorabla~ and amicable adjustment of all the difficulties that distract the country, upon the basis of the Crittenden Resolutions as modified by the Legislature of Virginia, and for the purpose of consulting for our common peace, honor, and safety, the Hon. Thomas Ruffin, of Alamance, D. M. Barringer, David L. Reid, John M. Morehead, and George Davis be, and they are hereby, appointed commissioners to represent North Carolina in the proposed consultation to be held at Washington City on the 4th of February, 1861. And whereas the State of North Carolina has been invited by the State of Alabama to meet at the city of Montgomery on the 4th of February, 1861, for the purpose of forming a provisional as well as permanent government; and whereas North Carolina as a part of the Federal Union has no right to send delegates for such a purpose: Therefore, 2. Be it resolved, That for the purpose of effecting an honorable and amicable adjustment of all the difficulties that distract the country, upon the basis of the Crittenden Resolutions, as modified by the Legislature of Virginia, and for the purpose of consulting for our common peace, honor, and safety, the Hon. David * From Journal of the Provisional Congress Page 92 92 CORRESPONDENCE, ETC. L. Swain, M. W. Ransom, and John L. Bridges are appointed commissioners to visit Montgomery, Ala., for the purpose above indicated. 3. Resolved furt her, That His Excellency the Governor be requested immediately to inform the commissioners of their appointment, and upon the refusal of any one of them to serve, report the same immediately to the General Assembly. Indorsed, read three times, and ratified in General Assembly this 29th day of January, A. D. 1861. WM. T. DORTCH, Speaker House of Commons. HENRY T. CLARK, Speaker of Senate. * * * * * * * On motion of Mr. Toombs, a committee of three was appointed to invite the commissioners from the State of North Carolina to seats on the floor when Congress is in open session. * * * * * * THE CONFEDERATE STATES OF AMERICA. At a congress of the sovereign and independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, begun and holden at the capitol in Montgomery, in the State of Ala- bama, on the fourth day of February, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued, by divers adjournments, until the eighth day of February in the same year: Constitution for the Provisional Government of the Confederate States of America. We, the deputies of the sovereign and independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, invoking the favor of Almighty God, do hereby, in behalf of these States, ordain and establish this Constitution for the Provisional Government of the same: to continue one year from the inauguration of the President, or until a permanent constitution or confederation between the said States shall be put in operation, whichsoever shall first occur. ARTICLE I. SECTION 1. All legislative powers herein delegated shall be vested in this Congress now assembled until otherwise ordained. SEC. 2. When vacancies happen in the .repres~ntation from any State, the same shall be filled in such manner as the proper authori- ties of the State shall direct. SEC. 3. 1. The Congress shall be the judge of the elections, returns and qualifications of its members; any number of deputies from a majorfty of the States, being present, shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members; upon all questions before the Congress, each State shall be entitled to one vote, and shall be represented by any one or more of its depu- ties who may be present. 2. The Congress may determine the rules of its proceedings, pun- ish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. 3. The Congress shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in thei Page 93 93 CONFEDERATE AUTHORITIES. judgment require secrecy; and the yeas and nays of the members on any question shall, at the desire of one-fifth of those present, or at the instance of any one State, be entered on the journal. SEC. 4. The members of Congress shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the Confederacy. They shall in all cases, except treason, felon and breach of the peace, be privileged from arrest during their attendance at the session of the Congress, and in going to and return- ing from the same; and for any speech or debate they shall not be questioned in any other place. SEC. 5. 1. Every bill which shall have passed the Congress shall, before it become a law, be presented to the President of the Con- federacy; if he approve, he shall sign it; but if not, he shall return it with his objections to the Congress, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the Congress shall agree to pass the bill, it shall become a law. But in all such cases, the vote shall be determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journal. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case it shall not be a law. The President may veto any appropriation or appropriations and approve any other appropriation or appropriations in the same bill. 2. Every order, resolution or vote, intended to have the force and effect of a law, shall be presented to the President, and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Congress, according to the rules and limitations prescribed in the case of a bill. 3. Until the inauguration of the President, all bills, orders, reso- lutions and votes adopted by the Congress shall be of full force with- out approval by him. SEC. 6. 1. The Congress shall have power to lay and collect taxes, duties, imposts and excises, for the revenue necessary to pay the debts and carry on the Government of the Confederacy; and all duties, imposts and excises shall be uniform throughout the States of the Confederacy. 2. To borrow money on the credit of the Confederacy: 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes: 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Confederacy: 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederacy: 7. To establish post-offices and post-roads: 8. To promote the progress of science and useful arts, by securing, for limited times to authors and inventors, the exclusive right to their respective writings and discoveries: 9. To constitute tribunals inferior to the Supreme Court: 10. To define and punish piracies and felonies committed on the. high seas, and offenses against the law of nations: 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water Page 94 94 CORRESPONDENCE, ETC. 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years: 13. To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces: 15. To provide for calling forth the militia to execute the laws of the Confederacy, suppress insurrections, and repel invasions: 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the serv- ice of the Confederacy, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress: 17. To make all laws that shall be necessary and proper for carry- ing into execution the foregoing powers and all other powers expressly delegated by this Constitution to this Provisional Govern- ment. 18. The Congress shall have power to admit other States. 19. This Congress shall also exercise executive powers, until the President is inaugurated. SEC. 7. 1. The importation of African negroes from any foreign country other than the slave-holding States of the United States, is hereby forbidden; and Congress are required to pass such laws as shall effectually prevent the same. 2. The Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy. 3. The privilege of the writ of habeas corpus shall not be sus- pended unless, when in cases of rebellion or invasion, the public safety may require it. 4. No bill of attainder, or ex post facto law shall be passed. 5. No preference shall be given, byany regulation of commerce or revenue, to the ports of one State over those of another: nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the Treasury, but in conse- quence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 7. Congress shall appropriate no money from the Treasury, unless it be asked and estimated for by the President or some one of the heads of departments, except for the purpose of paying its own expenses and contingencies. 8. No title of nobility shall be granted by the~.Confederacy; and no person holding any office of profit or trust under it, shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. 9~ Congress shall make no law respecting an establishment of reli- gion, or prohibiting the free exercises thereof: or abridging the free- dom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of such grievances as the delegated powers of this Government may warrant it to consider and redress. 10. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. 11. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law Page 95 CONFEflERATE AUTHORITIES. 95 12. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 13. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a wit- ness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 14. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining wit- nesses in his favor; and to have the assistance of counsel for his defense. 15. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the Confederacy, than according to the rules of the common law. 16. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel and unusual punishments inflicted. 17. The enumeration, in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people. 18. The powers not delegated to the Confederacy by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 19. The judicial power of the Confederacy shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the States of the Confederacy, by citizens of another State, or by citizens or subjects of any foreign state. SEC. 8. 1. No State shall enter into any treaty, alliance, or con- federation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post ~tcto law, or law impairing the obligation of contracts; or grant any title of nobility. 2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be abso- lutely necessary for executing its inspection laws; and the net prod- uce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the Confederacy, and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of ton- nage, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay Page 96 96 CORRESPONDENCE, ETC. ARTICLE II. SECTION 1. 1. The executive power shall be vested in a President of the Confederate States of America. He, together with the Vice- President, shall hold his office for one year, or until this Provisional Government shall be superseded by a permanent government, which- soever shall first occur. 2. The President and Vice-President shall be elected by ballot by the States represented in this Congress, each State casting one vote, and a majority of the whole being requisite to elect. 3. No person, except a natural-born citizen, or a citizen of one of the States of this Confederacy at the fime of the adoption of this Con- stitution, shall be elPirible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident of one of the States of this Confederacy. 4. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office (which inability shall be determined by a vote of two- thirds of the Congress), the same shall devolve on the Vice-President; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed or a President shall be elected. 5. The President shall at stated times receive for his services, dur- ing the period of the Provisional Government, a compensation at the rate of $25,000 per annum; and he shall not receive during that period any other emolument from this Confederacy, or any of the States thereof. 6. Before he enter on the execution of his office, he shall take the following oath or affirmation: I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States of America, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof. SEC. 2. 1. The President shall be Commander-in-Chief of the Army and Navy of the Confederacy, and of the militia of the several States, when called into the actual service of the Confederacy; he may require the opinion, in writing, of the principal officer in each of the Execu- tive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to g~rant reprieves and pardons for offenses against the Confedc~racy, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Congress, to make treaties; provided two-thirds of the Congress con- cur: and he shall nominate, and by and with the advice and consent of the Congress, shall appoint ambassadors, other public ministers and consuls, judges of the courts, and all other officers of the Confederacy whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Congress, by granting commissions, which shall expire at the end of their next session Page 97 CONFEDERATE AUTHORITIES. 97 SEc. 3. 1. He shall, from time to time, give to the Congress infor- mation of the state of the Confederacy, and recommend to their con- sideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene the Congress at such times as he shall think proper; he shall receive ambasshdors and other public ministers; he shall take care that the laws be faithfully exe- cuted; and shall commission all the officers of the Confederacy. 2. The President, Vice-President, and all civil officers of the Con- federacy shall be removed from office on conviction by the Congress of treason, bribery, or other high crimes and misdemeanors: a vote of two-thfrds shall be necessary for such conviction. ARTICLE III. SECTION 1. 1. The judicial power of the Confederacy shall be vested in one Supreme Court, and in such inferior courts as are herein directed, or as the Congress may from time to time ordain and establish. 2. Each State shall constitute a district,a in which there shall be a court called a district court, which, until otherwise provided by the Congress, shall have the jurisdiction vested by the laws of the United States, as far as applicable, in both the district and circuit courts of the United States, for that State; the judge whereof shall be appointed by the President, by and with the advice and consent of the Congress, and shall, until otherwise provided by the Congress, exercise the power and authority vested by the laws of the United States in the judges of the district and circuit courts of the United States, for that State, and shall appoint the times and places at which the courts shall be held. Appeals may be taken directly from the district courts to the Supreme Court, under similar regulations to those which are pro- vided in cases of appeal to the Supreme Court of the United States, or under such regulations as may be provided by the Congress. The commissions of all the judges shall expire with this Provisional Gov- ernment. 3. The Supreme Court shall be constituted of all the district judges, a majority of whom shall be a quorum, and shall sit at such times and places as the Congress shall appoint. 4. The Congress shall have power to make laws for the transfer of any causes which were pending in the courts of the United States, to the courts of the Confederacy, and for the execution of the orders, decrees and judgments heretofore rendered by the said courts of the United States; and also all laws which may be requisite to protect the parties to all such suits, orders, judgments, or decrees, their heirs, personal representatives, or assignees. SEC. 2. 1. The judicial power shall extend to all cases of law and equity, arising under this Constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made, nuder its authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime juris- diction; to controversies to which the Confederacy shall be a party; controversies between two or more States; between citizens of different States; between citizens of the same States claiming lands under grants of different States. a This paragraph amended. See post, p. 9 [342]. 7 R RSERIES Iv, vo~ Page 98 98 CORRESP(Y~ DENCE, ETC. 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. SEC. 3. 1. Treason against this Confederacy shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of tJ~ie person attainted. ARTICLE IV. SEcTIoN 1. 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved and the effect of such proof. SEC. 2. 1. The citizens of each State shall be entitled to all priv- ileges and immunities of citizens in the several States. 2. A person charged in any State ~with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. A slave in one State, escaping to another, shall be delivered up on claim of the party to whom said slave may belong by the execu- tive authority of the State in which such slave shall be found, and in case of any abduction or forcible rescue, full compensation, including the value of the slave and all costs and expenses, shall be made to the party, by the State in which such abduction or rescue shall take place. SEC. 3. 1. The Confederacy shall guarantee to ~very State in this Union, a republican form of government, ahd shall protect each of them against invasion; and, on application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence. ARTICLE V. 1. The Congress, by a vote of two-thirds, may, at any time, alter or amend this Constitution. ARTICLE VI. 1. This Constitution, and the laws of the Confederacy which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederacy, shall be the suprem Page 99 CONFEDERATE AUTHORITIES. 99 law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding. 2. The Government hereby instituted shall take immediate steps for the settlement of all matters between the States forming it, and their other late confederates of the United States in relation to the public property and public debt at the time of their withdrawal from them; these States hereby declaring it to be their wish and earnest desire to adjust everything pertaining to the common property, com- mon liability and common obligations of that union, upon the prin- ciples of right, justice, equity, and good faith. 3. Until otherwise provided by the Congress, the city of Mont- gomery in the State of Alabama, shall be the seat of government. 4. The members of the Congress and all executive and judicial officers of the Confederacy shall be bound by oath or affirmation to support this Constitution; but no religious test shall be required as a qualification to any office or public trust under this Confederacy. Done in the Congress, by the unanimous consent of all the said States, the eighth day of February, in the year of our Lord one thou- sand eight hundred and sixty-one, and of the Confederate States of America the first. In witness whereof we have hereunto subscribed our names. HOWELL COBB, President of the Congress. South Carolina: R. Baruwell Rhett, R. W. Baruwell, James Chesnut, jr., C. G. Memminger, Win. Porcher Miles, Lawrence M. Keitt, William W. Boyce, Tho. J. Withers. Georgia: R. Toombs, Francis S. ~Bartow, Martin J. Craw- ford, E. A. Nisbet, P3njamin H. Hill, Augustus R. Wright, Thos. R. R. Cobb, A. H. Kenan, Alexander H. Stephens. Florida: Jackson Morton, Jas. B. Owens, J. Patton Ander- son. Alabama: Richard W. Walker, Robt. H. Smith, Cohn J. McRae, Jno. Gill Shorter, William Parish Chilton, Stephen F. Hale, David P. Lewis, Tho. Fearn, J. L. M. Curry. Mississippi: W. P. Harris, Alex. M. Clayton, W. S. Wilson, James T. Harrison, Walker Brooke, William S. Barry, J. A. P. Campbell. Louisiana: John Perkins, jr., Alex. d& Clouet, C. M. Con- rad, Duncan F. Kenner, Edward Sparrow, Henry Marshall. By a vote of the Congress, on the 2d day of March, in the year 1861, the deputies from the State of Texas were authorized to sign the Pro- visional Constitution above written. Attest. J. J. HOOPER, Secretary. Texas: Thomas N. Waul, Williamson S. Oldham, John Gregg, John H. Reagan, W. B. Ochiltree, John hemp- hill, Louis T. Wigfall Page 100 100 CORRESPONDENCE, ETC. A RESOLUTION accepting the appropriation of $500,000, made by the General Assembly of the State of Alabama. 1. Resolved by the Confederate States of America in Congress assembled, That this Congress accept the liberal offer of the General Assembly of the State of Alabama, to place at the disposal of this body the sum of $500,000, as a loan to the Government of the Confed- eracy now being formed. 2. Resolved by the authority aforesaid, That this Congress place the highest appreciation upon this generous, patriotic, and consider- ate action of the State of Alabama, and realize in it the zealous (levo- tion of the people of that State to the cause of Southern independ- ence. Adopted February 5, 1861. A RESOLUTION in regard to the State of North Carolina, and the commission- ers from said State to this Congress. Whereas, the people of North Carolina and those of the States rep- resented in this Congress have a common history, a common sympathy, a common honor, and a common danger; and whereas, it is the opinion and earnest desire of this Congress that the State of North Carolina should be united in government with these States: Be it therefore resolved, That this Congress received with pleasure the commissioners from the State of North Carolina, and hope to pursue such a course of action as shall commend itself to and induce the State of North Carolina speedily to unite in our councils and in such government as shall be formed by these States. Adopted February 8, 1861. SATURDAY, February 9, 1861i OPEN SESSION. Congress met pursuant to adjournment. An appropriate prayer was offered up by the Rev. Dr. Basil Manly. The chair announced that the first business in order was the administration of the oath to the deputies to support the Constitu- tion of the Provisional Government. Whereupon, Judge Richard W. Walker, of the supreme court of the State of Alabama, administered the oath to the president, and the president administered the oath to the members ofCongress. The oath thus taken was as follows: You do solemnly swear that you will support the Constitution for the Provis- ional Government of the Confederate States of America, so help you God. At the suggestion of Mr. Memminger, while the oath was being administered all the members stood upon their feet. * * * * * * * The Congress then proceeded to the election of a President and a Vice-President for the Provisional Government. Mr. Curry moved that two tellers be appointed to conduct said elec- tion; which was agreed to. Whereupon the president appointed Mr. Curry and Mr. Miles as tellers. * From Journal of the Provisional Congress Page 101 CONFEDERATE AUTHORITIES. 101 The vote being taken by States for President, the Hon. Jefferson Davis, of Mississippi, received all the votes cast, being 6, and was duly declared unanimously elected President of the Provisional Govern- ment. On motion of Mr. Toombs, a committee of three was appointed to inform Mr. Davis of his election. Whereupon the president appointed Mr. Toombs, Mr. Rhett, and Mr. Morton. The vote was then taken by States for Vice-President, and the Hon. Alexander Hamilton Stephens, of Georgia, received all the votes cast, being 6, and he was duly declared unanimously elected Vice-President of the Provisional Government. Mr. Perkins moved that a committee of three be appointed to inform Mr. Stephens of his election; which was agreed to. And the president appointed Mr. Perkins, Mr. Harris, and Mr. Shorter. Congress thenadjourned till Monday next at 11 oclock. AN ACT to continue in force certain laws of the United States of America. Be it enacted by the Confederate States of America in Congress assembled, That all the laws of the United States of America in force and in use in the Confederate States of America on the 1st day of November last, and not inconsistent with the Constitution of the Confederate States, be, and the same are hereby, continued in force until altered or repealed by the Congress. Adopted February 9, 1861. MONTGOMERY, ALA., February 9, 18G1. Hon. JEFFERSON DAvIs, Jackson: SIR: We are directed to inform you that you were this day unani- mously elected President of the Provisional Government of the Confederate States of America, and to request you tq come to Mont- gomery immediately. We send also a special messenger. Do not wait for him. R. TOOMBS. R. BARNWEJAIJ RHETT. JACKSON MORTON. MONTGOMERY, ALA., February 9, 1861. Hon. ALEXANDER H. STEPHENS: SIR: The Congress for the Provisional Government fo~ the Con- federate States of America have this day unanimously elected you to the office of Vice-President of the Confederate States, and we have been appointed to communicate the fact, and to respectfully invite your acceptance. In performing this pleasing duty, allow us to express the hope that you will accept, and we beg to suggest that it would be most agreeable to the body we represent, as you are a mem- ber of the Congress, that you should signify to it in person your con Page 102 102 CORRESPONDENCE, ETC. sent to serve the country in the high position to which you have been called. We have the honor to be, very respectfully, yours, JOHN PERKINS, JR. W. P. HARRIS. JNO. GILL SHORTER. [FEBRUARY 12, 1861.For resolution of Confederate Congress in relation to the occupation of the forts, arsenals, & c., see Series I, Vol. I, p. 254.] EXECUTIVE DEPARTMENT, Tallahassee, February 13, 1861. Hon. T. J. EPPES, President of the Senate: SIR: Since communicating informally the telegrams received last night from Montgomery, the additional dispatch has been handed me of a later date. In view of the fact that a permanent government will soon be organized, it is important that provision should be made for the representation of Florida therein, and I submit to the General Assembly the propriety of electing Senators at once, without subject- ing the State to the expense of an extra session of the Legislature for that purpose. M. S. PERRY. AN ACT to continue in office the officers connected with the collection~of the customs in the Confederate States of America. Be it enacted by the Confederate States of America in Congress assembled, That the several officers who, at the time of the adoption of the Constitution of the Provisional Government of these States, held and exercised any office connected with the collection of the cus- toms, duties, and imposts in the several States of this Confederacy, or as assistant treasurers intrusted with keeping the moneys arising therefrom, are hereby appointed to the several offices which at the said date they respectively held; and they shall have the same pow- ers, be subject to the same duties, and be entitled to the same salaries, fees, and emoluments as are set forth and . provi4ed in and by the laws of the United States of America, until the 1st day of April next: Provided, That the maximum of compensation which each collector shall receive from all sources shall not exceed the rate of $5,000 per annum. SEC. 2. Each collector so appointed shall, within two weeks from the date of this act, execute to the Confederate States of America a bond in the same amount and subject to a like condition with his last bond to the United States of America, with sureties to be approved by a judge of any superior or circuit court of the State where such collector is located. And each of the other officers shall, within one week after the collector shall have entered upon the discharge of his duties, execute to the Confederate States of America a bond in the same amount and subject to the like condition with his last bond to the United States of America (in case he was required to execute Page 103 CONFEDERATE AUTHORITIES. 103 bond), with sureties to be approved by the collector of the port where such office is located. SEC. 3. The said several officers shall take an oath before a magis- trate well and faithfully to discharge the duties of his office and to support the Constitution of the Provisional Government of the Con- federate States of America, which said oath shall be indorsed upon the bond, and the bond shall be filed in the office of the Secretary of the Treasury, or in such other place as he may direct. Adopted February 14, 1861. A RESOLUTION for the appointment of commissioners to the Government of the United States of America. Resolved by the Confederate States of America in Congress assem- bled, That it is the sense of this Congress that a commission of three persons be appointed by the President elect, as early as may be con- venient after his inauguration, and sent to the Government of the United States of America, for the purpose of negotiating friendly relations between that Government and the Confederate States of America, and for the settlement of all questions of disagreement between the two Governments upon principles of right, justice, equity, and good faith. Adopted February 15, 1861. MONDAY, February 18, 1861. * SECRET SESSION. * * * * * * * At 1 p. m. the President elect of the Coiifederate States of America, escorted by the Vice-President and the committee of arrange- ments, appeared within the hall of Congress, and was escorted to the chair, supported on his right by the Vice-President and on his left by the president of Congress. On motion of Mr. Chilton, the Congress then repaired, in company with the President elect, to the front of the Capitol for the purpose of inaugurating the President. The president of the Congress presented the President elect to the Congress. The Rev. Dr. Basil Manly, as chaplain of the day, offered prayer. The President elect then delivered his inaugural address, after wKhich the oath of office was administered to him by the president of the Congress. On motion of Mr. Chilton, the Congress returned to its hall, accom- panied by the President of the Confederate States. On motion of Mr. Chilton, it was ordered that the inaugural address of the President be spread upon the journal of this body, and that 5,000 copies thereof be prinfed for the use of the Congress. And then the Congress adjourned. * From Journal of the Provisional Congress Page 104 104 CORRESPONDENCE, ETC. TUESDAY, February 19, 1861.~ OPEN SESSION. * * * * * * * The inaugural address of the President was received, spread upon the journal, and is as follows: Gentlemen of the Congress of the Confederate States of America: FRIENDS AND FELLOW-CITIZENS: Called to the difficult and responsible station of Chief Executive of the Provisional Government which you have instituted, I approach the discharge of the duties assigned to me with an humble distrust of my abilities, but with a sustaining confidence in the wisdom of those who are to guide and to aid me in the administration of public affairs, and an abiding faith in the virtue and patriotism of the people. Looking forward to the speedy estab- lishment of a permanent government to take the place of this, and which, by its greater moral and physical power, will be better able to combat with the many difficulties which arise from the conflicting interests of separate nations, I enter upon the duties of the office to which I have been chosen with a hope that the beginning of our career as a confederacy may not be obstructed by hostile oppo- sition to our enjoyment of the separate existence and independence which we have asserted, and, with the blessing of Providence, intend to maintain. Our present condition, achieved in a manner unprecedented in the history of nations, illustrates the American idea that governments rest upon the consent of the gov- erned, andthatitis the right of the people to alter or abolish governments whenever they become destructive of the ends for which they were established. The declared purpose of the compact ot the Union from which we have withdrawn was to establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to our- selves and our posterity; and when, in the judgment of the sovereign States now composing this Confederacy, it had been perverted from the purposes for which it was ordained, and had ceased to answer the ends for which it was established, a peaceful appeal to the ballot box declared that, so far as they were concerned, the Government created by that compact should cease to exist. In this they merely asserted a right which the Declaration of Independence of 1776 had defined to be inalienable; of the time and occasion for its exercisc they, as sovereigns, were the final judges, each for itself. The impartial and enlightened verdict of mankind will vindicate the rectitude of our conduct, and He who knows the hearts of men, will judge of the sincerity with which we labored to preserve the Government of our fathers in its spirit. The right solemnly proclaimed at the birth of the States, and which has been affirmed and reaffirmed in the bills of rights of States subsequently admitted into the Union of 1789, undeniably recognize in the peo- ple the power to resume the authority delegated for the purposes of government. Thus the sovereign States here represented proceeded to form this Confederacy, and it is by abuse of language that their act has been denominated a revolution. They formed a new alliance, but within each State its government has remained; the rights of person and property have not been disturbed. The agent through whom they communicated with foreign nations is changed, but this does not necessarily interrupt their international relations. Sustained by the consciousness that the transition from the former Union to the present Confederacy has not proceeded from a disregard on our part of just obligations or any failure to perform every constitutional duty; moved by no interest or passion to invade the rights of others; anxious to cultivate peace and commerce with all nations, if we may not hope to avoid war, we may at least expect that posterity will acquit us of having needlessly engaged in it. Doubly justified by the absence of wrong on our part, and by wanton aggression on the part of others, there can be no cause to doubt that the courage and patriotism of the people of the Confederate States will be found equal to any measures of defense which honor and security may require. An agricultural people, whose chief interest is the export of a commodity required in every manufacturing country, our true policy is peace, and the freest trade which our necessities will permit. It is alike our interest and that of all those to whom we would sell and from whom we would buy that there should be the fewest practicable restrictions upon the interchange of commodities. There can be but little rivalry between ours and any manufacturing or navigating com- munity, such as the Northeastern States of the American Union. It must follow, * From Journal of the Provisional Congress Page 105 105 OONFEDERATE AUThORITIES. therefore, that a mutual interest would invite good will and kind offices. If, however, passion or the lust of dominion should cloud the judgment or inflame the ambition of those States, we must prepare to meet the emergency and to main- tain by the final arbitrament of the sword the position which we have assumed among the nations of the earth. We have entered upon the career of independ- ence, and it must be inflexibly pursued. Through many years of controversy with our late associates, the Northern States, we have vainly endeavored to secure~ tranquillity and to obtain respect for the rights to which we were entitled. As a necessity, not a choice, we have resorted to the remedy of separa- tion; and henceforth our energies must be directed to the conduct of our own affairs and the perpetuity of the confederacy which we have formed. If a just perception of a mutual interest shall permit us peaceably to pursue our separate political career, my most earnest desire will have been fulfilled. But if this be denied to us, and the integrity of our territory and jurisdiction be assailed, it will but remain for us, with firm resolve, to appeal to arms gind invoke the bless- ings of Providence on a just cause. As a consequence of our new condition, and with a view to meet anticipated wants, it will be necessary to provide for the speedy and efficient organization of branches of the Executive Department, having special charge of foreign inter- course, finance, military affairs, and the postal service. For purposes of defense the Confederate States may, under ordinary circum- stances, rely mainly upon their militia, but it is deemed advisable in the present condition of affairs that there should be a well-instructed and disciplined army, more numerous than would usually be required on a peace establishment. I also suggest that, for the protection of our harbors and commerce on the high seas, a navy adapted to those objects will be required. These necessities have doubtless engaged the attention of Congress. With a Constitution differing only from that of our fathers in so far as it is explanatory of their well-known intent, freed from the sectional conflicts which have interfered with the pursuit of the general welfare, it is not unreasonable to expect that States from which we have recently parted may seek to unite their fcrtunes with ours under the Government which we have instituted. For this your Constitution makes adequate provision; but beyond this, if I mistake not the judgment and will of the people, a reunion with the States from which we have separated is neither practicable nor desirable. To increase the power, develop the resources, and promote the happiness of a confederacy, it is requisite that there should be so much of homogeneity that the welfare of every portion shall be the aim of the whole. Where this does not exist antagonisms are engen- dered, which must and should result in separation. Actuated solely by the desire to preserve our own rights and promote our own welfare, the separation of the Confederate States has been marked by no aggres- sion upon others, and followed by no domestic convulsion. Our industrial pursuits have received no check, the cultivation of our fields has progressed as heretofore, and even should we be involved in war, there would be no consider- able diminution in the production of the staples which have constituted our exports, and in which the commercial world has an interest scarcely less than our own. This common interest of the producer and consumer can only be interrupted by an exterior force which should obstruct its transmission to foreign marketsa course of conduct which would be as unjust toward us as it would be detrimental to manufacturing and commercial interests abroad. Should reason guide the action of the Government from which we kave separated, a policy so detrimental to the civilized world, the Northern States included, could not be dictated by even the strongest desire to inflict injury upon us; but other- wise a terrible responsibility will rest upon it, and the suffering of millions will bear testimony to the folly and wickedness of our aggressors. In the meantime there will remain to us, besides the ordinary means before suggested, the well- known resources for retaliation upon the commerce of the enemy. Experience in public stations of subordinate grade to this, which your kindness has conferred, has taught me that care, and toil, and disappointment are the price of official elevation. You will see many errors to forgive, many deficiencies to tolerate, but you shall not find in me either a want of zeal or fidelity to the cause that is to me highest in hope and of most enduring affection. Your gen- erosity has bestowed upon me an undeserved distinction; one which I neither sought nor desired. Upon the continuance of that sentiment, and upon your wisdom and patriotism, I rely to direct and support me in the performance of the duty required at my hands We have changed the constituent parts but not the system of our Government. The Constitution formed by our fathers is that of these Confederate States, in their exposition of it; and in the judicial construction it has received we have a light which reveals its true meaning Page 106 106 OORRESPONDENC1~, F~TC. Thus instructed as to the just interpretation of the instrument, and ever remembering that all offices are but trusts held for the people, and that delegated powers are to be strictly construed, I will hope, by due diligence in the perform- ance of my duties, though 1 may disappoint your expectations, yet to retain, when retiring, something of the good will and confidence which welcome my entrance into office. It is joyous, in the midst of perilous times, to look around upon a people united in heart, where one purpose of high resolve animates and actuates the ~whole; where the sacrifices to be made are not weighed in the balance against honor, and right, and liberty, and equality. Obstacles may retard, they cannot long prevent, the progress of a movement sanctified by its justice and sustained by a virtuous people. Reverently let us invoke the God of our fathers to guide and protect us in our efforts to perpetuate the principles which, by His blessing, they were able to vindicate, establish, and transmit to their posterity, and with a continuance of His favor ever gratefully acknowledged, we may hopefully look forward to success, to peace, and to prosperity. * * * * * * * AN ACT to provide for munitions of war, and for other purposes. SEC. 1. Be it enacted by the Confederate States of America in Con- gress assembled, That the President, or the Secretary of War under his direction, is hereby authorized and empowered to make contracts for the purchase and manufacture of heavy ordnance and small arms; and of machinery for the manufacture or alteration of small-arms and munitions of war, and to employ the necessary agents and arti- sans for these purposes; and to make contracts for the establishment of powder mills and the manufacture of powder; and the President is authorized to make contracts provided for in this act, in such man- ner and on such terms as in his judgment the public exigencies may require. Approved February 20, 1861. AN ACT to establish the War Department. The Congress of the Confederate States of America do enact, That an executive department be, and the same is hereby, established, under the name of the War Department, the chief officer of which shall be called the Secretary of War. SEC. 2. Be it further enacted, That said Secretary shall, under the direction and control of the President, have charge of all matters and things connected with the Army, and with the Indian tribes within the limits of the Confederacy, and shall perform such duties apper- taming to the Army, and to said Indian tribes, as may from time to time be assigned to him by the President. SEC. 3. And be it further enacted, That the Secretary of said Depart- ment is hereby authorized to appoint a chief clerk thereof, and as many inferior clerks as may be found necessary and may be author- ized by law. Approved February 21, 1861. MONTGOMERY, ALA., February 931, 1861. Capt. R. SEMMES: DEAR SIR: As agent of the Confederate States you are authorized to proceed, as hereinafter set forth, to make purchases and contracts for machinery and munitions, or for the manufacture of arms an Page 107 CONFEDERATE AUTHORITIES. 107 munitions of war. Of the proprietor of the Hazard Powder Company, in Connecticut, you will probably be able to obtain cannon and mus- ket powder, the former to be of the coarsest grain, and also to engage with him for the establishment of a powder mill at some point in the limits of onr territory. The quantity of powder to be supplied imme- diately will exceed his stock on hand, and the arrangement for fur- ther supply should, if possible, be by manufacture in our own terri- tory. If this is not practicable, means must be sought for further shipments from any and all sources which are reliable. At the arse- nal at Washington you will find an artificer named Wright, who has brought the cap-making machine to its present state of efficiency, and who might furnish a cap machine and accompany it to direct its oper- ations. If not in this, I hope you may in some way be able to obtain a cap machine with little delay, and have it sent to the Mount Vernon Arsenal, Ala. We shall require a manufactory of friction-primers, and will, if possible, induce some capable person to establish one in our country. The demand of the Confederate States will be the inducement in this as in the case of the powder mill proposed. A short time since the most improved machinery for the manufacture of rifles, intended for the Harpers Ferry Arsenal, was, it was said, for sale by the manufacturer. If it be so at this time, you will pro- cure it for this Government, and use the needful precaution in rela- tion to its transportation. Mr. Barbour, the superintendent of the Harpers Ferry Armory, can give you all the information in that con- nection which you may require. Mr. Ball, the master armorer at Harpers Ferry, is willing to accept service under our Government, and could probably bring with him some skilled workmen. If we get the machinery this will be important. Machinery for grooving mus- kets and heavy guns, with persons skilled ~in their use, is, I hope, to be purchased ready-made. If not, you will contract for their manufacture and delivery. You will endeavor to obtain the most improved shot for rifled cannon, and persons skilled in the prepara- tion of shot and other fixed ammunition. Capt. G. W. Smith and Captain Lovell, late of the U. S. Army, and now of New York City, may aid you in your task; and you will please say to them that we would be happy to have their services in our army. You will make such inquiries as your varied knowledge will suggest in relation to the supply of guns of different calibers, especially the largest. I sug- gest the advantage, if to be obtained, of having a few of the 15-inch guns like the one cast at Pittsburg. I have not sought to prescribe so as to limit your inquiries, either as to object or place, but only to suggest for your reflection and consideration the. points which have chanced to come under my observation. You will use your discre- tion in visiting places where information of persons or things is to be obtained for the furtherance of the object in view. Any contracts made will be sent to the Hon. L. P. Walker, Secretary of War, for his approval, and the contractor need not fear that delay will be encountered in the action of this Government. Very respectfully, yours, & c., JEFFERSON DAVIS. SELMA, ALA., February 22, 1861. Messrs. ROBERT H. SMITH and COLIN J. MCRAE: GENTLEMEN: As our immediate representatives in the Congress of the Confederate States of America, we write you in regard to the pur- chase of the Selma Manufacturing Company as an armory for th Page 108 108 CORRESPONDENCE, ETC. manufacture of arms and ordnance for the use of the Confederacy. We unclose a map* showing the situation and plan of the works, and of the buildings connected with the establishment, and also a state- ment in detail of the machinery, forges, furnaces, engines, and other appurtenances of the works, marked A, to which we refer you for par- ticulars. These works are now in complete order, and could at once be converted into the manufacture of cannon. They have been put up at a cost of near $75,000, but the undersigned are willing to dis- pose of them to the Confederacy for the sum of $40,000, reserving a part of the ground not essential to the works. The peculiar advan- tages of Selma for the location of an armory are well known to all acquainted with its geographical position. It is now connected by railroad and river with the great arteries of travel from South to North, and looking to the early completion of the Alabama and Ten- nessee River Railroad, and the Alabama and Mississippi River Rail- road, it will soon be the center from which will diverge, in all direc- tions, railroad connections with the Northern, Southern, Eastern, and Western States of our Confederacy. Selma is also most fortunately situated with regard to the means of manufacturing iii iron. The coal beds of Bibb and Shelby are only fifty-four miles distant, .and are immediately upon the Alabama and Tennessee River Railroad, from whence inexhaustible supplies of fuel can be obtained more conveni- ently and cheaper than at any other point in the Confederacy, while iron ore of the best quality, equaling that of Russia and Sweden, can be had by the same railroad from the iron mines of Shelby and Bibb Counties, distant about sixty miles. We trust that it is not necessary to enumerate in detail the many and varied advantages in favor of Selma as the proper point for the establishment of a public armory. Many additional reasons will readily present themselves to your minds, and we only beg in this communication to call your attention, and through you the attention of Congress, to some of the more promi- nent advantages of our petition. It will give us much pleasure fur- ther to aid any committee that may be placed in charge of the subject, and to respond to any inquiries that may be deemed necessary to bring the subject properly to their minds. Yours, very respectfully, EDWARD T. WATTS. R. N. PHILPOT. JOS. M. LAPSLEY. [Inclosure.] A. Size of lot, four acres, lying on two streets and Alabama and Ten- nessee River Railroad 100 yards from the Alabama River. Building as set forth in the drawing, brick and iron, nearly all fireproof. The molding building is the largest and best in the State; has a pit and cupola ready to cast cannon, shot, or shell at once; 140 feet of shaft- ing running through the works; four large lathes, two planers, two bolt cutters, and two forges, all in perfect order, run by engine about eighty horsepower, connecting all the machinery or not, as may be required. Water supplied by an artesian well on the premises 500 feet deep. Coal beds fifty-four miles from Selma on the Alabama and Tennessee Railroad; iron beds sixty to seventy miles on and near same road; some of it the best in America and equal to Russia iron. Two railroads already in operation and third progressing, connecting with the Great Northern, Mobile, and Pensacola Railroads. * Not found Page 109 109 CONFEDERATE AUTHORITIES. MONTGOMERY, ALA., February 23, 1861. PRESIDENT O]3~ THE STATE CONVENTION OF FLORIDA, Al Tallahassee: The undersigned deputies from the State of Florida to the conven- tion of seceded States begun and held at Montgomery, in Alabama, on the 4th of Febrnary, instant, beg leave to submit to the convention over which you preside the following explanation: Upon the assembling in this city on the 4th of February of the convention to which we were accredited, we met full deputations from the States of South Carolina, Georgia, Alabama, Mississippi, and Loui- siana. But one purpose seemed to animate the wholethat of forming at the earliest practicable moment a vigorous and efficient government to meet the exigencies of the times, and to supply the place of the one from which we had lately withdrawn. In addressing itself to this task the convention (or congress, as it is called here) encountered no difficulty in agreeing upon a basis for the new government. For that basis the Constitution of the United States had been already designated by the respective States. No alteration in the main fundamental principles contained in that instrument was deemed either necessary or desirable. Only such modifications as would best suit it to the present condition of the seceded States was resorted to; but how far these modifications should extend, and of what they should consist, along with very many col- lateral questions involving to a greater or less extent matters vital to our present condition, constituted subjects of inquiry which were met at every step. Before the Congress had advanced to a completion of its preliminary labors, to wit, on the 8th of February, we received through the mail a certified copy of a resolution passed by your body on the 17th of January, instructing us to oppose any attempt on the part of the Southern convention to legislate or transact any business whatsoever other than the adoption of a provisional government to be substan- tially on the basis of the Constitution of the late United States, and a permanent constitution for the Southern Confederacy upon the same basis, and that in the event of the said (Southern) convention under- taking, on any pretext whatsoever, to exercise any powers other than that above enumerated, we were instructed to protest against the same, and to declare in behalf of the State of Florida that such acts would not be binding on our State. Not having been present in the State convention when this resolu- tion was passed, and never having learned from any source the motives by which the convention was actuated in its adoption, w~ were forced to conclude that it was done, in the abundance of caution, to prevent the usurpation of powers which might prove detrimental to the inter- ests of our State, and not with a view of placing Florida in an atti- tude before her sister seceded States of attempting to dictate to them any special policy of her own, to the exclusion of that which a major- ~ty might think best. It appeared to your delegates that the necessity for some legislction might arise before either a provisional or perma- nent constitution could be adopted. For a body of men to get together from distant sections of the country, and to agree in a few days to a constitution for their government, every detail and provision of which would b~ likely to bear upon their diversified interests, would havo been wonderful, if not miraculous. The exigencies of the times admitted of but little if any delay. The Governor of one of th Page 110 110 CORRESPONDENCE, ETC. States had made a demand upon the President of the United States for the delivery of a fortress which was in the possession of Federal forces. Upon refusal bythe President to deliver the fort as demanded it was naturally anticipated that au attempt to enforce it would be made. Highly irritated (and justly, too) at the perfidious conduct of the Federal Government, the Chief Executive of South Carolina could with difficulty restrain her gallant sons from making an assault which would have purchased the fort at the price of much of the best and noblest blood of the South. A condition of things very similar to this existed at Pensacola, in our own State, with this additional cause for prompt action on the part of the Congress, viz, that re-enforce- ments were daily expected at Pensacola which would make not only the capture of Fort Pickens a work of difficult undertaking on our part, but which threatened a recapture of the places in our posses- sion. In this condition of things your delegates did not hesitate to put a liberal construction upon the terms of the resolution referred to. To have refused to transact any business connected with this condition of affairs, or to have protested against any action by the Congress at Montgomery looking to the immediate protection of the people of Florida, even before the formation of a provisional govern- ment, we felt constrained to believe would not have met with your approval. We did not hesitate, therefore, to co-operate with the delegates from the other seceded States in any and every measure looking to a speedy preparation for common defense and to the avoid- ance of unnecessary bloodshed. Amongst the first duties, however, to which the Congress addressed itself was the adoption of a consti- tution for a provisional government. This necessarily occupied sev- eral days. The plan proposed, and which met the approval of a majority of the States, was the one finally adopted, and under which we are now living. By one of its provisions the deputies assembled for its formation constitute the legislative branch of the Provisional Government. As this seemed not to have been anticipated by the State convention of Florida, your delegates voted against it, but were only sustained in that opposition by the vote of the State of Missis- sippi. We so voted in obedience to the letter of your instructions, yet we cannot well see how even a provisional government could have been formed without it which would have met the crisis. To have called upon the States to elect and send up senators and representa- tives to constitute the legislative branch of a government which was merely provisional and was to be soon superseded would have caused delay which might have proved disastrous, to say nothing of the expense and trouble to the people attending such ~n election. Your delegates therefore cheerfully acquiesced in (he decision of two-thirds of our sister States, and proceeded at once to assume the duties and responsibilities involved in their new situation. To a faithful dis- charge of our duties under that constitution we are urgently con- strained by a proper sense of obligation to our State and by the sanc- tion of our solemn oaths. The momentous issues at stake furnish the apology for our course. Relying upon your generous confidence for support, and confident of the final triumph of the cause of our section, we are, very respect- fully, your obedient servants, J. PATTON ANDERSON. JACKSON MORTON. JAS. B. OWENS Page 111 CONFEDERATE AIJTHORXflES. 111 AN ACT to declare and establish the free navigation of the Mississippi River. The Congress of the Confederate States of America do enact, That the peaceful navigation of the Mississippi River is hereby declared free to the citizens of any of the States upon its borders, or upon the borders of its navigable tributaries; and all ships, boats, rafts, or vessels may navigate the same, under such regulations as may be established by authority of law, or under such police regulations as may be established by the States within their several jurisdictions. SEC. 2. Be it further enacted, All ships, boats, or vessels which may enter the waters of the said river within the limits of this Con- federacy, from any port or place beyond the said limits, may freely pass with their cargoes to any other port or place beyond the limits of this Confederacy without any duty or hindrance, except light money, pilotage, and other like charges; but it shall not be lawful for any such ship, boat, or vessel to sell, deliver, or in any way to dispose of any part of her cargo or land any portion thereof for the purpose of sale and delivery within the limits of this Confederacy; and in case any portion of such cargo shall be sold or delivered, or landed for that purpose, in violation of the provisions of this act, the same shall be forfeited, and shall be seized and condemned by a proceeding in admiralty before the court having jurisdiction of the same in the dis- trict in which the same may be found; and the ship, boat, or vessel shall forfeit four times the amount of the value of the duties chargeable on the said goods, wares, or merchandise so landed, sold, or disposed of in violation of the provisions of this act, to be recovered by a proper proceeding in admiralty before the said court in the district in which such ship, boat, or vessel may be found, one-half for the use of the collector of the district who shall institute and conduct such proceeding, the other half for the use of the Government of the Con- federate States: Provided, That if any such ship, boat, or vessel shall be stranded, or from any cause become unable to proceed on its voy- age, the cargo thereof may be landed and the same may be entered at the nearest port of entry, in the same, manner as goods, wares, and merchandise regularly consigned to said port; and the person so enter- ing the same shall be entitled to the benefit of drawback of duties or of warehousing said goods, wares, and merchandise as provided by law in other cases. ofSEC~ 3. And be it further enacted, If any person having the charge or being concerned in the transportation of any goods, wares, or merchandise upon the said river shall, with intent to defraud the revenue, break open or unpack, within the limits of the Confederate States, any part of the merchandise entered for transport~tion beyond the said limits, or shall exchange or consume the same, or with like intent shall break or deface any seal or fastening placed thereon by any officer of the revenue, or if any person shall deface, alter, or forge any certificate granted for the protection of merchandise transported as aforesaid, each and every person so offending shall forfeit and pay $500, and shall be imprisoned not less than one nor more than six months, at the discretion of the court before which such person shall be convicted. SEC. 4. Be it further enacted, In case any ship, boat, or vessel shall enter the waters of the said river within the limits of the Confederate States, having on board any goods, wares, or merchandise subject to the payment of duties, and the master, consignee, or owner shall desire to land the same for sale or ot1n~rwise, it shall be lawful t Page 112 112 CORRESPONDENCE, ETC. enter the said goods, wares, and merchandise at any port of entry in the same manner as goods, wares, or merchandise regularly consigned to the said port, or to forward them nnder bond or seal according to the regulations customary in such cases when consigned to any port or place beyond the limits of this Confederacy, and on payment of the dnties on said goods to obtain from the collector a license to land the same at any point on the river; and when goods, wares, or merchan- dise shall be entered as aforesaid, the owner, importer, or consignee shall be entitled to the benefit of drawback of dnties or of warehous- ing the said goods, wares, and merchandise, as is provided by law, npon complying with all the laws and regulations which apply to cases of entry for drawback or warehousing, respectively. SEc. 5. Be it further enacted, When any such ship, boat, or vessel, having on board goods, wares, and merchandise subject to the pay- ment of duties, as set forth in the fourth section, shall arrive at the first port of her entry of the Confederate States, the master or person in command of such ship, boat, or vessel shall, before he pass the said port, and immediately npon his arrival, deposit with the collector a manifest of the cargo on board subject to the payment of duties, and the said collector shall, after registering the same, transmit it, duly certified to have been deposited, to the officer with whom the entries are to be made; and the said collector may, if he judge it necessary for the security of the revenue, put an inspector of the cus-, toms on board any such ship, boat, or vessel, to accompany the same until her arrival at the first port of entry to which her cargo may be consigned; and if the master or person in command shall omit to deposit a manifest as aforesaid, or refuse to receive such inspector on board, he shall forfeit and pay $500, with costs of suit, one-half to the use of the officer with whom the manifest should have been depos- ited, and the other half to the use of ~the collector of the district to which the vessel was bound: Provided, however, That until ports of entry shall be established above the city of Vicksburg, on the Missis- sippi River, the penalties of this act shall not extend to the delivery of goods above that port by vessels or boats descending said river. Approved February 25, 1861. DECATUR, February 26, 1861. Hon. G. W. CRAWFORD, President, & c., Bet Air: SIR: The original commission duly issued by yo~j having been mis- carried, I received a duplicate on the 7th instant. In the meantime I had seen a statement that the Legislature of Kentucky, to which I was accredited, would adjourn on the 6th instant. When I received your commission the State railroad, over which I must go to Ken- tucky, was, owing to extreme damage caused by recent heavy rains, impassable. I left home on the 13th instant and reached Frankfort, Ky., on the 15th instant. I learned that the Legislature did not adjourn until the 11th instant. No convention having been called in the absence of the Legislature, I addressed myself to the Governor of Kentucky. Having given me a frank and cordial reception, he expressed much regret that I had not arrived in time to make known my mission to the Legislature, as he thought it probable that I might have prevailed to induce the convocation of a State convention. Referring His Excellency to the recent vote in Tennessee, throug Page 113 CONFEDERATE AUTHORITIES. 113 which I had just passed, I suggested that perhaps much had been gained to the cause of the South by the necessary postponement of that question in his State until the meeting of the Legislature, as by that time, perhaps, those who had been sent to Washington by the border slave States would probably learn that the elements of secu- rity, if not of peace, were to be found within and not without their own borders. The more recent action of Missouri and Arkansas has not tended to impair my confidence in this suggestion. His Excel- lency informed me that he would make known to the Legislature, when reassembled on the 20th of March next, my mission and its purpose. I remained in the seat of governmentFrankfortfour days, during which I was admitted to free intercommunications with Governor Magoffin, and he has placed me under acknowledgments for many courtesies and civilities during my sojourn at Fraukfort. I reached this [place] on my return from Kentucky on the 23d instant. I have the honor to be, very respectfully, your very obedient servant, W. C. DANIELL. WEsT POINT, N. Y., February 2~5, 1861. Colonel BEAUREGARD, Engineers: M~ DEAR SIR: Your cadet friends (Messrs. Olivier, Frost, and myself), whom you were kind enough to advise while at the Point not long since, have resolved, relying upon your kindly consideration, to impose a still greater tax upon your kindness by endeavoring to induce you to favor us with more advice. The avowed policy of Mr. Lincolns Administration is to collect the revenues as formerly and to deny the sovereignty of the Southern Confederacy, which will doubt- less lead to immediate war. Now, my dear sir, would it be better for us to wait for this contingency and apply to the Southern Congress for duty and orders, or to apply directly and immediately to the Gov- ernor of our State, offering ourselves for duty? Your opinion on this matter would be gratefully received by us, and your impressions respecting the chances of a war, the probabilities of our being able to secure good positions in the service, either of the State or the Southern Confederacy, and any information as to the present status of our State army, its organization, & c., would relieve us of much inquietude and place us under lasting obligations. With much anxiety as to your response, I am, sir, respectfully, your obedient servant, L. D. SANDIDGE, Cadet. EXECUTIVE OFFICE, February 26, 1861. GENTLEMEN OF THE CONGRESS: Though the General Government of the Confederate States is specially charged with the questions arising from the present condi- tion of Forts Sumter and Pickens, and the Executive is required by negotiation or other means to obtain possession of those works, and though the common defense and the issues of peace or war of the Confederate States must necessarily be conducted by their general agents, the only material of war which we possess is held by the 8 H HSERIES IV, VOL Page 114 114 CORRESPONDENCE, ETC. authorities of the several States. To distribute the arms and muni- tions so as best to provide for the defense of the country, it is need- ful that they be placed under the control of the General Government. We have now but little information as to the quantity and quality of the military supplies on hand, and have no authority to call for returns from the officers of the States. The courtesy and patriotism of the respective Governors would no doubt willingly meet such inquiry, and would probably induce them to transfer either arma- ment or stores in compliance with a requisition from this Govern- ment, but efficiency requires the exclusive control as well of the means as of the works of defense. The General Government being also charged with foreign intercourse, may have in the course of negotiation to account for the property of the United States which, as a consequence of secession, passed under the authority of the sev- eral States anterior to the formation of this Government. For these considerations I respectfully suggest that the proper legislation be adopted to secure the transfer of all arms and munitions now in the forts, arsenals, and navy-yards to the custody of the Government of the Confederate States, and that full returns be made of all arms and munitions which have been distributed from the public stores to the troops of the several States, with authority to this Government to take charge of the accountability for them, and also to receive, to be accounted for to the several States, such arms and munitions as have been purchased by them, and which they are willing to devote to the common service of the Confederacy. The difficulty of supplying our wants in that regard by purchases abroad or by manufacture at home is well known to the Congress, and will render unnecessary an argu- ment to enforce the general policy herein presented, and I have only respectfully to commend the subject to your consideration. JEFFN DAVIS. AN ACT for the establishment and organization of a general staff for the Army of the Confederate States of America. The Ccmgress of the Confederate States of America do enact, That from and after the passing of this act the general staff of the Army of the Confederate States shall consist of an Adjutant and Inspector Generals Department, Quartermaster-Generals Department, Sub- sistence Department, and the Medical Department. SEC. 2. Be it further enacted, That the Adjutant and Inspector Generals Department shall consist of one .Adjutftnt and Inspector General, with the rank of colonel; four assistant adjutants-general, with the rank of major, and four assistant adjutants-general, with the rank of captain. SEc. 3. Be it further enacted, That the Quartermaster-Generals Department shall consist of one Quartermaster-General, with the rank of colonel; six quartermasters, with the rank of major; and as many assistant quartermasters as may from time to time be required by the service may be detailed by the War Department from the subalterns of the line, who, in addition to their pay in the line, shall receive $20 per month while engaged in that service. The quartermasters herein provided for shall also discharge the duties of paymasters, under such regulations as may be prescribed by the Secretary of War. SEC. 4. Be it further enacted, That the Commissary-Generals De- partment shall consist of one Commissary-General, with the rank o Page 115 CONFEDERATE AUTHORITIES. 115 colonel; four commissaries, with the rank of captain; and as many assistant commissaries as may from time to time be required by the service may be detailed by the War Department from the subalterns of the line, who, in addition to their pay in the line, shall receive $20 per month while engaged in that service. The assistant quartermas- ters and assistant commissaries shall be subject to duties in both departments at the same time, but shall not receive the additional compensation but in one department. SEC. 5. Be it further enacted, That the Medical Department shall consist of one Surgeon-General, with the rank of colonel; four sur- geons, with the rank of major, and six assistant surgeons, with the rank of captain; and as many assistant surgeons as the service may require may be employed by the Department of War, and receive the pay of assistant surgeons. SEC. 6. Be it further enacted, That the officers of the Adjutant- Generals, Quartermaster-Generals, and Commissary-Generals De- partments, though eligible to command, according to the rank they hold in the Army of the Confederate States of America, shall not assume command of troops unless put on duty under orders which specially so direct by authority of the President. The officers of the Medical Department shall not exercise command except in their own department. SEC. 7. Be it further enacted, That the staff officers herein provided for shall be appointed by the President, by and with the advice and consent of the Congress, and shall receive such pay and allowances as shall be hereafter established by law. Approved February 26, 1861. [FEBRUARY 27, 1861.For appointment of Crawford, Forsyth, and Roman, as special commissioners of the Confederate States to the United States, see Series I, Vol. LI, Part II, p. 8.] EXECUTIVE DEPARTMENT, February ~8, 1861. GENTLEMEN OF CONGRESS: With sincere deference to the judgment of Congress, I have care- fully considered the bill in relation to the slave-trade, and to punish persons offending therein, but have not been able to approve it, and therefore do return it with a statement of my objections. The Con- stitution (section 7, article I) provides that the importation of African negroes from any foreign country other than slave-holding States of the United States is hereby forbidden, and Congress is required to pass such laws as shall effectually prevent the same. The rule herein given is emphatic, and distinctly directs the legislation which shall effectually prevent the importation of African negroes. The bill before me denounces as high misdemeanor the importation of African negroes or other persons of color, either to be sold as slaves or to be held to service or labor, affixing heavy, degrading penalties on the act, if done with such intent. To that extent it accords with the requirements of the Constituti9n, but in the sixth section of the bill provision is muade for the transfer of persons who may have been illegally imported into the Confederate States to the custody of foreign States or societies, upon condition of deportation and future freedom Page 116 116 CORRESPONDENCE, ETC and if the proposition thus to surrender them shall not be accepted, it is then made the duty of the President to cause said negroes to be sold at public outcry to the highest bidder in any one of the States where snch sale shall not be inconsistent with the laws thereof. This pro- vision seems to me to be in opposition to the policy declared in the Constitutionthe prohibition of the importation of African negroes and in derogation of its mandate to legislate for the effectuation of that object. Wherefore the bill is returned to you for your further consideration, and, together with the objections, most respectfully submitted. * JEFFN DAVIS. AN ACT to raise money for the support of the Government and to provide for the defense of the Confederate States of America. The Congress of the Confederate Stales of America do enact, That the President of the Confederate States be, and he is hereby, author- ized, at any time within twelve months after the passage of this act, to borrow, on the credit of the Confederate States, a sum not exceed- ing $15,000,000, or so much thereof as in his opinion the exigencies of the public service may require, to be applied to the payment of appro- priations made by law for the support of the Government and for the defenses of the Confederate States. SEC. 2. The Secretary of the Treasury is hereby authorized, by the consent of the President of the Confederate States, to cause to be pre- pared certificates of stock or bonds, in such sums as are hereinafter mentioned, for the amount to be borrowed as aforesaid, to be signed by the Register of the Treasury and sealed with the seal of the Treas- ury; and the said certificates of stock or bonds shall be made payable at the expiration of ten years from the first day of September next; and the interest thereon shall be paid semi-annually at the rate of 8 per cent. per annum at the Treasury and such other place as the Secre- tary of the Treasury may designate. And to the bonds which shall be issued as aforesaid shall be attached coupons for the semi-annual interest which shall accrue, which coupons may be signed by officers to be appointed for the purpose by the Secretary of the Treasury. And the faith of the Confederate States is hereby pledged for the due payment of the principal and interest of the said stock and bonds. SEC. 3. At the expiration of five years from the first day of Septem- ber next the Confederate States may pay up any portion of the bonds or stocks, upon giving three months previQus pu.~dic notice, at the seat of government, of the particular stocks or bonds to be paid, and the time and place of payment; and from and after the time so appointed no further interest shall be paid on said stock or bonds. SEC. 4. The certificates of stock and bonds shall be issued in such form and for such amounts as may be determined by the Secretary of * The Journal of the Confederate Congress shows that this veto was sustained. The question was, Shall the bill pass, notwithstanding the Presidents objections? YeasMessrs. Curry and Chilton, of Alabama; Morton and Owens, of Florida; Toombs, H. Cobb, T. R. R. Cobb, Bartow, Nisbet, and Kenan, of Georgia; Rhett, Barnwell, Keitt, and Miles, of South Carolina; Ochiltree, of Texas15. NaysMessrs. Smith, Hale, Shorter, and Fearn, of Alabama; Wright and Stephens, of Georgia; De Clonet, Conrad, Kenner, Sparrow, and Marshall, of Louisiana; Harris, Brooke, Wilson, Clayton, Barry, and Harrison, of Mississippi; Chesnut, Withers, and Boyce, of south Carolina; Reagan, Waul, Gregg, and Oldham, of Texas24 Page 117 CONFEDERATE AUTHORITIES. 117 the Treasury~ and may be assigned or delivered under such regula- tions as he may establish; but none of them shall be for a less sum than $50. And he shall report to Congress, at its next session, a state- ment in detail of his proceedings, and the rate at which the loans may have been made, and all the expenses attending the same. SEc. 5. From and after the first day of August, 1861, there shall be levied and collected and paid a duty of one-eighth of one cent per pound on all cotton in the raw state exported from the Confederate States, which duty is hereby specially pledged to the due payment of interest and principal of the loan provided for in this act; and the Secretary of the Treasury is hereby authorized and required to estab- lish a sinking fund to carry into effect the provisions of this section: Provided, however, That the interest coupons, issued under the second section of this act, when due, shall be receivable in payment of the export duty on cotton: Provided also, That when the debt and interest thereon herein authorized to be contracted shall be extinguished, or the sinking fund provided for that purpose shall be adequate to that end, the said export duty shall cease and determine. Approved February 28, 1861. AN ACT to raise provisional forces for the Confederate States of America, and for other purposes. The Congress of the Confederate States of America do enact, That to enable the Government of the Confederate States to maintain its j urisdiction over all questions of peace and war, and to provide for the public defense, the President be, and he is hereby, authorized and directed to assume control of all military operations in every State having reference to or connection with questions between said States, or any of them, and powers foreign to them. SEC. 2. And be it further enacted, That the President is hereby authorized to receive from the several States the arms and munitions of war which have been acquired from the United States, and which are now in the forts, arsenals, and navy-yards of the said States, and all other arms and munitions which they may desire to turn over and make chargeable to this Government. SEC. 3. Be it further enacted, That the President be authorized to receive into the service of this Government such forces now in the service of said Sta1~es as may be tendered, or who may volunteer, by consent of their State, in such numbers as he may require, for any time not less than twelve months, unless sooner discharged. SEC. 4. Be it further enacted, That such forces may be received, with their officers, by companies, battalions, or regiments, and when so received shall form a part of the Provisional Army of the Confed- erate States, according to the terms of their enlistment; and the President shall appoint, by and with the advice and consent of Con- gress, such general officer or officers for said forces as may be neces- sary for the service. SEC. 5. Be it further enacted, That said forces, when received into the service of this Government, shall have the same pay and allow- ances as may be provided by law for volunteers entering the service, or for the Army of the Confederate States, and shall be subject to the same rules and government. Approved February 28, 1861 Page 118 118 CORRESPONDENCE, ETC. RICHMOND, VA., February 28, 1861. Hon. L. P. WALKER Secretary of IYar: SIR: I have the honor to report that I arrived in Washington, D. C., on the evening of Sunday last, in execution of the orders confided to me by His Excellency the President of the Confederate States. On the next day I sought the artificer, Wright, at the U. S. Arsenal in that city, and had a conference with him on the subject of his per- cussion-cap machine. This machine, which is patented, and which up to the present time has been in the exclusive use of the United States, cannot be purchased ready made. Wright seemed to be quite willing, however, in my first interview with him, to contract with me for the making of one (the work to be executed in a private shop in Philadelphia, where several have been made for export to Europe), but was, I thought, unreasonable in his demands of compensation. The machine may be made, with all its appurtenances complete, for the sum of $1,450, but he demanded an additional sum of $3,000 for the use of his patent and for his personal superintendence of the mann- facture of the machine. On the evening of the same day on which I - held this conversation with him at the arsenal he called to see me by appointment, and after some little preliminary conversation said that he would prefer, before entering into any contract with me, to obtain the consent of his commandinb officer at the arsenal, as otherwise he might lose his place, which was valuable to him. I had no objection to make to this, of course, as I claimed the right not only to contract with any artisan in the employment of the Government of the United States on any subject of private concern, as was this matter of the patent of a machine, but to induce him by an offe~ of higher pay to leave his employment and accept service under our Government. He promised to call on me the next day and give me his final answer. In the mean time, hearing that Major Barbour, superintendent of the Harpers Ferry Armory, with whom I was directed to confer with regard to the purchase of the machinery for making rifles, was in Richmond, in attendance on the State convention, I returned to this place yesterday to meet him, leaving the matter of the contract with Wright in the hands of a friend, whom I directed to offer Wright the sum of $3,000 for one of his machines delivered in Savannah, and further to agree with him that if he would accompany it himself and superintend its working and such other duties of an arsenal as might be assigned to him, we would give him a salary of $1,500 per annum. His present pay is $1,250. On the whole I think it~,donbtful whether we shall get either the machine or the man. If we do not, I think I shall have no difficulty in purchasing or in having made at short notice a machine such as is in common use, and which will be very nearly as good as Wrights, in New York, or in Springfield, Mass., at both of which places cap making is conducted on a large scale. Returning to Major Barbour, this gentleman conferred with me with great freedom and frankness, and expressed a desire to do anything in his power to oblige us. He gave me all the information I desired about the machinery I was in pursuit of. It is still unsold, and may no doubt be purchased. It belongs to Ames, the manufacturer of arms at Springfield, Mass. I will proceed to Springfield and see if I can contract for it. I have had a conference at this place with Captain Dimmock, the superintendent of the State arsenal, who promises to aid me in an Page 119 CONFEDERATE AUTHORITIES. 119 manner in his power. If I find difficulty in shipping powder or other munitions direct from the Northern ports, the captain will receive and forward for me. I visited also the Tredegar Foundry at this place, and was snrprised to find so large and well-appointed an establish- ment. It has great facilities for founding cannon and casting shot and shell, and being within slave territory, will be a great resource for ns if we are put upon our defense. I intended to contract with this establishment for some heavy ordnance, such as 10-inch, 8-inch, and 42-ponnder guns, and for shot and shell; but I was informed that Mr. Anderson, one of the partners, had gone to Montgomery for this very purpose. This gentleman being with you, you will be enabled to contract with him in person, and thns relieve me of a portion of my responsibility. I can recommend his establishment as being a very reliable one. It employs 700 workmen, and is probably the largest fonndry in the United States. Any communications addressed to me at Washington City, to the care of Richard II. Clarke, esq., will be promptly forwarded to me by this gentleman. I have the honor to be, very respectfully, & c., RAPHAEL SEMMES. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 1, 1861. Governor F. W. PICKENS, Charleston, S. C.: SIR: The Congress have passed an act to raise provisional forces for the Confederate States of America, and for other purposes. I beg to inclose a copy of the act. * Under this act the President directs me to inform you that he assumes control of all military operations in your State having reference to or connected with questions between your State and powers foreign to it. He also directs me to request you to communicate to this Department without delay the quantity and character of arms and munitions of war which have been acquired from the United States, and which are now in the forts, arsenals, and navy-yards of your State, and all other arms and munitions which your State may desire to turn over and make chargeable to this Gov- ernment. The President further directs me to say that he will pro- ceed with as little delay as possible to organize the provisional forces in the respective States, as provided for in the third and fourth sec- tions of said act. I have the honor to be, very respectfully, your obeJient servant, L. P. WALKER, Secretary of War. (A copy of this letter sent to the Governors of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.) [MARCH 1, 1861.For Walker to Beauregard, authorizing the lat- ter to raise provisional forces for the Confederate States in the State of South Carolina, not to exceed 5,000 men, & c., see Series I, Vol. I, p. 260.] * See February 28, p. 117 Page 120 120 CORRESPONDENCE, ETC. AN ACT to admit Texas as a member of the Confederate States of America. The Congress of the Confederate States of America do enact, That the State of Texas be, and is hereby, admitted as a member of this Confederacy upon an equal footing with the other Confederate States. Approved March 2, 1861. MEMPHIS, Jklarch 2, 1861. Hon. L. P. WALKER, Secretary of War, Confederate States of America: DEAR SIR: I am instructed to send you a copy of the following reso- lution passed by the directors of the Mississippi and Tennessee Rail- road Company. Yours, very respectfully, C. F. VANCE, Secretary. MEMPHIS, llifarch 1, 1861. At a meeting of the Board of Directors of the Mississippi and Ten- nessee Railroad Company, held at this office on this day, the following resolution was unanimously adopted: Resolved by the president and directors of the Mississippi and Tennessee Rail- road Company, That we tender to the Government of the Confederate States of America and to the State of Mississippi. free of charge, the nse of the Mississippi and Tennessee Railroad for military purposes; and the secretary of the company is hereby ordered to furnish a copy of this resolution to the Governor of the State of Mississippi and to the Secretary of War of the Confederate States of America. I, C. F. Vance, secretary of the Mississippi and Tennessee Railroad Company, hereby certify that the foregoing is a true copy of a resolu- tion passed by the Board of Directors of said company on said 1st of March, 1861. Witness my signature and seal of said company. [SEAL.] C. F. VANCE, Secretary. [MARCH 4, 1861.For Walker to the President, transmitting esti- mates required for the service of the War Department for twelve months, see Series I, Vol. I, p. 261.] EXECUTIVE DEPARTMENT, Montgomery, Ala., March 4, 1861. Hon. L. P. WALKER, Secretary of War: SIR: Your communication of the 1st instant, inclosing an act of Congress of the Confederate States of America to raise provisional forces, & c., has been laid before me. In your letter you state that the President directs you to inform me that he assumes the control of all military operations in your (my) State having reference to or connected with questions between your (my) State and powers foreign thereto. You also request me to communicate without delay to your Department the quantity and character of arms and munitions o Page 121 121 CONFEDERATE AUTHORITIES. war acquired from the United States, and which are now in the forts, arsenals, and navy-yards of your (my) State, and all other arms and munitions your (my) State may desire to turn over and make charge- able to this the Confederate Government. I am also informed by you that he (the President) will proceed with as little delay as pos- sible to organize the provisional forces of the respective States, & c. I am much gratified to learn that it is the determination of the Presi- dent to take control of the military operations of the Confederate States of America, first, because it is right; secondly, because of his skill and ability to direct the military operations of the new Gov- ernment, and, thirdly, because it relieves me from a very responsible duty for the proper discharge of which I am but little qualified. I herewith transmit to you a copy of the inventory made out by the captain of ordnance in the arsenal at Mount Vernon, showing every description of public property in said arsenal at the time of its occu- pation by the troops of Alabama. * Since that time some of the pow- der and a few of the muskets and rifles have been placed in the hands of the troops of the State at Fort Morgan. The amount of powder and number of arms so used canuot now be stated. I will forthwith direct Captain Smith, of the ordnance department, stationed at that pl~~e,tomakeoutanewinventoryofallthepublicpropertynowin the arsenal, which will be laid before the President as soon as received. I have already furnished you with report made by Maj. Samuel II. Lockett, of the corps of engineers, showing the number of guns and nature of public property at Forts Morgan and Gaines. I pre- sume the State will desire to deliver over to the President the property acquired from the Federal Government which has not already been used for the protection of the State. It will, however, require some action of the State convention, now in session, authorizing me to make this disposition of the forts, arsenal, and other public property acquired from the United States. This will no doubt be done in a few days. I am not prepared to say what course the State convention will take with regard to the arms purchased by the State under a late act of the Legislature, but am inclined to the opinion that they should be retained by the State, to enable her to meet any emergency and to protect and defend her citizens. The State has purchased within the last eight months about 9,500 stand of small-arms, consisting of mus- kets, rifles, carbines, pistols, and sabers; also 700 kegs of powder of 28 pounds each, and 20,000 pounds of lead and 8,000 pounds of minie- balls; also 1,500,000 percussion-caps and 100,000 fixed cartridges. Two 10-inch columbiads have been procured, with shot, shells, gun carriages, & c., which are probably now at Fort M.organ~and intended for the defense of that place. These guns will of course be turned over to the new Government. Also, the State has six new brass rifled cannon, 6-pounders, and about ten other brass field pieces, 6-pounders, amid six howitzers. Some of these the State may be disposed to trans- fer to the Confederate Government. This subject has been brought to the attention of the State convention, that immediate action may be had thereon. Nothing will be left undone on my part to aid the Government of the Confederate States in organizing forces for their defense. I am advised by your letter that the President will proceed with as little delay as possible to organize the provisional forces in the respective States, as provided for in the third and fourth sections of said act. * Not found Page 122 122 CORRESPONDENCE, ETC. In order to aid him in the discharge of this important duty, I here- with transmit the names of the several officers appointed by me and the positions severally assigned to them, designating such as have received a military education and have been in the public service; also such as have had military experience without a military edu- cation. * All the lieutenants who have not been designated as having received a military education are highly recommended as young gentlemen of character and as well qualified. Some of them are personally known to the Secretary of War. All the foregoing appointments have been conscientiously made, with due regard to the qualifications of the appointees, and have been as well distributed through the State as circumstances would allow. If not inconsistent with the views of the President and Secretary of War and their duty to the public service, it would be a source of gratification to the persons appointed and to me that they should be allowed to retain the positions assigned them, or receive such other appointment as the President shall deem proper. Very respectfully, your obedient servant, A. B. MOORE. MILLEDGEVILLE, March 4, 1861. THE HONORABLE THE PRESIDENT AND MEMBERS OF THE CONvEN- TION OF THE PEOPLE OF GEORGIA: In pursuance of my appointment by your body as commissioner to the State of Delaware, I have visited Dover, the capital of that State, and, to the best of my ability, discharged the trusts you confided to me. On my way thither, at Washington City I learned from those most competent to give information the state of public sentiment in Delaware in regard to questions connected with the objects of my mission; that a large majority of the people were aggrieved at the aggressions of the Northern upon the Southern States; that their sympathies and interests were with the latter, and that on the with- drawal of Virginia and Maryland from the United States, Delaware would unquestionably follow them and unite her destinies with the Confederate States of the South. I learned also that the Legislature of the State, then in session, was not regarded as a true exponent of the sentiments of the people on these points, and was advised to address myself to the Executive. On reaching Dover I found that one branch of the Legislature, the Senate, had a majo;ity of one known and recognized as Democrats, and the oth& r branch a majority of one, though not elected such, called and regarded as Republicans. After a long social and ~iatisfactory interview with His Excellency Governor Burton, and a consultation with a number of the leading and prominent men of the State most friendly to the objects of my mission, all of whom concurred in the opinion that the objects I had in view would be best promoted by addressing myself to the Execu- tive, I concluded to make no application for a hearing before the Legislature. Accordingly I addressed a communication to the Gov- ernor setting forth the objects of my mission and briefly discussing the advantages that would result to Delaware by her union with a Southern Confederacy, and inclosed therein the documents I had been instructed to lay before the constituted authorities of the State. The * List of names here omitted Page 123 CONFEDERATE AUTHORITIES. 123 Governor promptly transmitted my communication to the Legislature without any comment, except that in his message accompanying it he renewed a previous recommendation for a call of a convention of the people to take into consideration the questions then agitating the country. The Senate immediately took up the message for consider- tion and adopted a resolution in substance affirming that Delaware appreciated the courtesy of Georgia in sending a commissioner to her; that in view of her location and the state of things existing in the States around her, the time for action on her part had not arrived, and that when it did come Delaware would pursue that course that would best promote her interests. The House postponed for the present any action on the message of the Governor, and I have not yet learned what, if any, has been its action on the subject. It was expected the Legislature would continue its session till after the 4th of March, that it might mark out its future course by the events of that day. Hence it may be that the final action of the Legislature has not yet been forwarded to me. I cannot conclude this report without giving it as my decided opinion, formed from the declarations made to me by a large number of the prominent and leading men of Delaware, including some who have heretofore filled her executive chair and represented her in both branches of the Congress of the United Status, members of all parties into which the country has heretofore been divided, that whenever Virginia and Maryland shall withdraw from the Union, Delaware would follow in their footsteps. She will not consent to unite her destinies with a Northern confederacy while she can form an alliance with one at the South, with which she is more identified by interest and to which she is drawn by sentiment and sympathy. It is due to the State of Delaware and to myself that I should grate- fully acknowledge, as I here do, the kindne~s and courtesy extended to me as your humble representative by the Executive and other officers and citizens of Delaware with whom during my visit I was thrown in contact. A copy of my communication to Governor Burton accompanies this report. With great respect, your obedient servant, D. C. CAMPBELL. LInclosure.] DovER, DEL., February 12, 1861. His Excellency Governor BURTON: DEAR SIR: I have already had the honor to place in yjur hand my credentials accrediting me as a commissioner to the State of Delaware from a convention of the people of the State of Georgia, recently assembled at her capital. The object of my mission is twofold. First, to lay before the constituted authorities of your State the ordinance of secession by which the State of Georgia has repealed the ordinance by virtue of which she became a member of the late confederacy known as the United States of America, has withdrawn from that confederacy, and has declared herself a free, sovereign, and independ- ent State. The second object of my mission is, in the name of my State, to invite the co-operation of Delaware with Georgia and the other seceding States in the formation of a Southern confederacy. In obedience to my instructions I beg leave to lay before you the following documents, all of which are inclosed: First, a resolution of the Georgia convention declaring it the right and duty of Georgia t Page 124 124 CORRESPONDENCE, ETC. secede from the Union ;* second, an authenticated copy of the ordi- nance of secession;t third, a resolution of the convention uniting with Alabama in the invitation to the State of Delaware to send com- missioners to represent her at Montgomery, Ala. ;* fourth, a resolu- tion of the convention appointing commissioners to Delaware and other States and defining their duties. * J beg leave respectfully to ask you to take into consideration these documents exhibiting the objects of my mission, and if you approve the measure to lay the same before the Legislature. You will perceive that the prominent object of my mission is to invite the co-operation of Delaware in the formation of a Southern confederacy. Georgia, in the movement she has made, has not acted in haste or with precipitancy, nor without calm deliberation and after having counted the cost. She did not withdraw from the Union till she had lost all hope of being able to maintain the rights and equality guaranteed to her by the compact into which she had entered and to enjoy the domestic tranquillity which was one of the prominent objects of that compact to secure to her. She has now passed the Rubicon and with no intention of taking any steps backward. Already in alliance with other of her sister and neighboring States who have formed a provisional government and intend speedily to organize a permanent government upon the basis of the Constitution of the United States, she looks with interest to those of the slave-holding States who have not yet cast in their lot with her and from whom she has been compelled to separate not without feelings of deep and poignant regret. They have heretofore battled with her for the same rights, triumphed with her in the same successes, and mourned with her under the same reverses. Although it is well known in Georgia that Delaware, in proportion to her population, has not as deep an interest in the institution of slavery a~ the other border slave-holding States, yet it is well known that she is identified with Georgia in interest, more so in sentiment, in principle, and in sympathy, and, it is confidently believed, is destined ere long, under the force of events rapidly crowding upon her, to be identified with her in action and in her future destiny. It is no part of my duty to indicate to the State of Delavare what course it may comport with her honor or her interest to pursue, Vet pardon me in making the suggestion that the cotton States are agri- cultural in the pursuits of their people and have heretofore been dependent on the Northern States mainly for the products of manu- facturing and mechanical labor. Hereafter they will look for these products across the Atlantic if they cannot be furnished by States in alliance with them. Those Southern border States, therefore, who are far advanced in manufacturing and mechanical skill have now ten- dered to them the entire South for a market and that without a rival. One other consideration: Free trade, or an approximation to it, will probably prevail in the Southern confederacy. Delaware has her sea-ports. Is it unreasonable to suppose that under the high pro- tective tariffs that will prevail in the Northern confederacy that those sea-ports may attach to them, when they can sell goods at lower prices, because imported under a lower tariff, an extensive and valuable commerce which never heretofore has reached them? But on this subject I forbear. I have only to add that it is the sincere and earn- est desire of the State of Georgia that all the slave-holding States * Embodied in Journal of the Georgia Convention, January 15, p. 57. t See January 19, p. 70 Page 125 CONFEDERATE AUTHORITIES. 125 may be united in the confederacy, the nucleus of which is already formed, and that Delaware will be among them, exhibiting, as she has done in the Union that has ceased to exist, her full quota of talent and moral worth and contribnting her full quota to its prosperity. With sentiments of profonnd respect, I have the honor to be, respectfully, your obedient servant, D. C. CAMPBELL. MONTGOMERY, March 6, 1861. Hon. JOHN FORSYTH, Washington, D. C.: Get for me a disbursing clerk from War Department. Salary, $1,200. Want none who has not been so employed in that Depart- ment. L. P. WALKER. AN ORDINANCE in relation to a union of the State of Texas with the Con- federate States of America. Whereas, the convention of this State has received information that the Congress of the Confederate States of America, now in session at the city of Montgomery, in the State of Alabama, has adopted a Con- stitution for a Provisional Government, which Constitution is modeled on that of the United States of America; and whereas, as a seceded State, it becomes expedient and proper that Texas should join said Confederacy and share its destinies; and whereas, a delegation con- sisting of seven members has already been elected by the convention to the Congress of the Confederacy aforesaid: Therefore, SECTION 1. The people of Texas in convention assembled have ordained and declared, and do hereby ordain and declare, That the delegation aforesaid to the Congress aforesaid be, and they are hereby, instructed, and we do accordingly instruct them in behalf of the State, and as representing its sovereign authority, to apply for the admission of this State into the said Confederacy, and to that end and for that purpose to give in the adhesion of Texas to the Pro- visional Constitution of said Confederate States; and which said Constitution this convention hereby approves, ratifies, and accepts. SEC. 2. Be it further ordained, That the delegation appointed by this convention to the Congress of the Confederate States be, and they are hereby, authorized to act in said Congress j~s the duly accredited representatives of the State of Texas: Promded, however, That any permanent constitution which may be formed by said Con- gress shall not become obligatory on this State until approved by the people in such a way as shall be determined upon. SEC. 3. Be it further ordained, That the president of the convep- Hon immediately transmit, through such channel as he may elect, a copy or copies of this ordinance to the Congress at Montgomery and the members of Congress from this State. Done at the city of Austin on the 5th day of March, A. D. 1861 0. M. ROBERTS, President of the Convention. Attest. R. T. BROWNRIGG, Secretary to the Convention Page 126 126 CORRESPONDENCE, ETC. AN ACT to provide for the public defense. The Congress of the Confederate & ates of America do enact, That in order to provide speedily forces to repel invasion, maintain the rightful possession of the Confederate States of America in every portion of territory belonging to each State, and to secure the public tranquillity and independence against threatened assault, the Presi- dent be, and he is hereby, authorized to employ the militia, military and naval forces of the Confederate States of America, and to ask for and accept the services of any number of volunteers, not exceeding 100,000, who may offer their services, either as cavalry, mounted riflemen, artillery, or infantry, in such proportion of these seveI~al arms as he may deem expedient, to serve for twelve months after they shall be mustered into service, unless sooner discharged. SEC. 2. And be it further enacted, That the militia, when called into service by virtue of this act or any other act, if in the opinion of the President the public interest requires, may be compelle~1 to serve for a term not exceeding six months after they shall be mustered into service, unless sooner discharged. SEC. 3. And be it further enacted, That said volunteers shall furnish their own clothes, and, if mounted men, their own horses and horse equipments; and when mustered into service shall be armed by the States from which they come, or by the Confederate, States of America. SEC. 4. And be it further enacted, That said volunteers shall, when called into actual service, and while remaining therein, be subject to the Rules and Articles of War, and instead of clothing, every non- commissioned officer and private in any company shall be entitled, when called into actual service, in money to a sum equal to the cost of clothing of a non-commissioned officer or private in the Regular Army of the Confederate States of America. SEC. ~5. And be it further enacted, That the said volunteers so offer- ing their services may be accepted by the President in companies, squadrons, battalions, and regiments, whose officers shall be appointed in the maimer prescribed by law in the several States to which they shall respectively belong; but when inspected, mustered, and received into the service of the Confederate States, said troops shall be regarded in all respects as a part of the Army of said Confederate States, according to the terms of their respective enlistments. SEC. 6. And be it further enacted, That the President is hereby authorized to organize companies so tendering their services into bat- talions or squadrons, battalions or squadrons into regiments, regi- ments into brigades, and brigades into divisions, whenever in his judgment such organization may be expedient; and whenever brigades or divisions shall be organized, the President shall appoint the com- manding officers for such brigades and divisions, subject to the con- firmation of Congress, who shall hold their offices only while such bj~igades and divisions are in service; and the President shall, if nec- essary, apportion the staff and general officers among the respective States from which the volunteers shall tender their services, as he may deem proper. SEC. 7. And be it further enacted, That whenever the militia or vol- unteers are called and received into the service of the Confederate States, nuder the provisions of this act, they shall have the same organization, and shall have the same pay and allowances as may be provided for the Regular Army; and all mounted non-commissioned officers, privates, musicians, and artificers shall be allowed forty cent Page 127 CONFEDERATE AUTHORITIES. 127 per day for the use and risk of their horses; and if any volunteer shall not keep himself provided with a serviceable horse, such volun- teer shall serve on foot. For horses killed in action volunteers shall be allowed compensation according to their appraised value at the date of muster into service. SEC. 8. And be it further enacted, That the field and staff officers of a separate battalion of volunteers shall be one lieutenant-colonel or major, one adjutant with the rank of lieutenant, one sergeant-major, one quartermaster-sergeant, and a chief bugler or principal musician, according to corps; and that each company shall be entitled to an additional second lieutenant; and that the President may limit the privates in any volunteer company, according to his discretion, at from sixty-four to one hundred. SEc. 9. And be it further enacted, That when volunteers or militia are called into the service of the Confederate States in such numbers that the officers of the Quartermaster, Commissary, and Medical Depart- ments, which may be authorized by law for the regular service, are not sufficient to provide for the supplying, quartering, transporting, and furnishing them with the requisite medical attendance, it shall be lawful for the President to appoint, with the advice and consent of the Congress, as many additional officers of said departments as the service may require, not exceeding one commissary and one quarter- master for each brigade, with the rank of major, and one assistant quartermaster with the rank of captain, one assistant commissary with the rank of captain, one surgeon, and one assistant surgeon for each regiment; the said quartermasters and commissaries, assistant quartermasters and commissaries, to give bonds with good sureties for the faithful performance of their duties; the said officers to be allowed the same pay and emoluments as shall be allowed to officers of the same grade in the regular service, and to be subject to the Rules and Articles of War, and to continue in service only so long as their serv- ices may be required in connection with the militia or volunteers. SEC. 10. And be it further enacted, That the President be, and he is hereby, authorized to purchase or charter, arm, equip, and man such merchant vessels and steamships or boats as may be found fit or easily converted into armed vessels, and in such number as he may deem necessary for the protection of the sea-board and the general defense of the country. Approved March 6, 1861. AN ACT for the establishment and organization of the Army of t~e Confederate States of America. The Congress of the Confederate States of America do enact, That from and after the passage of this act the military establishment of the Confederate States shall be composed of one corps of engineers, one corps of artillery, six regiments of infantry, one regiment of cavalry, and of the staff departments already established by law. SEC. 2. The corps of engineers shall consist of one colonel, four majors, five captains, and one company of sappers, miners, and pon- toniers, which shall consist of ten sergeants or master workmen, ten corporals or overseers, two musicians, and thirty-nine privates of the first class, or artificers, and thirty-nine privates of the second class, or laborers, making in all one hundred. SEC. 3. The said company shall be officered by one captain of the corps of engineers, and as many lieutenants, to be selected by th Page 128 128 CORRESPONDENCE, ETC. President from the line of the Army, as he may deem necessary for the sei~vice, and shall be instructed in and perform all the duties of sappers, miners, and pontoniers, and shall, moreover, under the orders of the chief engineer, be liable to serve by detachments in overseeing and aiding laborers upon fortifications or other works under the Engineer Department, and in supervising finished fortifications, as fort-keepers, preventing injury and making repairs. SEc. 4. It shall be the duty of the colonel of the Engineer Corps, subject to the approval of the Secretary of War, to prescribe the number, quantity, form, dimensions, & c., of the necessary vehicles, arms, pontoons, tools, implements, and other supplies for the service of the said company as a body of sappers, miners, and pontoniers. SEC. 5. The corps of artillery, which shall also be charged with ordnance duties, shall consist of one colonel, one lieutenant-colonel, ten majors, and forty companies of artillerists and artificers; and each company shall consist of one captain, two first lieutenants, one second lieutenant, four sergeants, four corporals, two musicians, and seventy privates. There shall also be one adjutant, to be selected by the colonel from the first lieutenants, and one sergeant-major, to be selected from the enlisted men of the corps. The President may equip as light batteries, of six pieces each, such of these companies as he may deem expedient, not exceeding four in time of peace. SEC. 6. Each regiment of infantry shall consist of one colonel, one lieutenant-colonel, one major, and ten companies; each company shall consist of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, two musicians, and ninety privates; and to each regiment there shall be attached one adjutant, to be selected from the lieutenants, and one sergeant-major, to be selected from the enlisted men of the regiment. SEC. 7. The regiment of cavalry shall consist of one colonel, one lieutenant-colonel, one major, and ten companies, each of which shall consist of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, one farrier, one blacksmith, two musi- cians, and sixty privates. There shall also be one adjutant and one sergeant-major, to be selected as aforesaid. SEC. 8. There shall be four brigadier-generals, who shall be assigned to such commands and duties as the President may specially direct, and shall be entitled to one aide-de-camp each, to be selected from the subalterns of the line of the Army, who, in addition to their duties as aides-de-camp, may perform the duties of assistant adjutants- general. SEC. 9. All officers of the Army shall be appointGd by the President, by and with the advice and consent of the Congress, and the rank and file shall be enlisted for a term not less than three nor more than five years, under such regulations as may be established. SEC. 10. No officer shall be appointed in the Army until he shall have passed an examination satisfactory to the President, and in such manner as he may prescribe, as to his character and fitness for the service. The President, however, shall have power to postpone this examination for one year after appointment, if in his judgment neces- sary for the public interest. SEC. 11. All vacancies in established regiments and corps, to and including the rank of colonel, shall be filled by promotion according to seniority, except in case of disability or other incompetency. Pro- motions to and including the rank of colonel shall be made regimen- tally in the infantry and cavalry, in the staff departments, and in th Page 129 CONFEDERATE AUTHORITIES. 129 engineers and artillery, according to corps. Appointments to the rank of brigadier-general, after the Army is organized, shall be made by selection from the Army. SEC. 12. The President of the Confederate States is hereby author- ized to appoint to the lowest grade of subaltern officers such meritorious non-commissioned officers as may, upon the recommendation of their colonels and company officers, be brought before an army board, specially convened for the purpose, and found qualified for the duties of commissioned officers, and to attach them to regiments or corps as supernumerary officers if there be no vacancies: Provided, There shall not be more than one so attached to any one company at the same time. SEC. 13. The pay of a brigadier-general shall be $301 per month. The aide-de-camp of a brigadier-general, in addition to his pay as lieutenant, shall receive $33 per month. SEC. 14. The monthly pay of the officers of the corps of engineers shall be as follows: Of the colonel, $210; of a major, $162; of a cap- tain, $140; lieutenants serving with the company of sappers and miners shall receive the pay of cavalry officers of the same grade. SEC. 13. The monthly pay of the colonel of the corps of artillery shall be $210; of a lieutenant-colonel, $183; of a major, $130, and when serving on ordnance duty, $162; of a captain, $130; of a first lieutenant, $90; of a second lieutenant, $80; and the adjutant shall receive, in addition to his pay as lieutenant, $10 per month. Officers of artillery serving in the light artillery, or performing ordnance duty, shall receive the same pay as officers of cavalry of the same grade. SEC. 16. The monthly pay of the officers of the infantry shall be as follows: Of a colonel, $193; of a lieutenant-colonel, $170; of a major, $130; of a captain, $130; of a first lieutenant, $90; of a second lieutenant, $80; the adjutant, in addition to his pay as lieutenant, $10. SEC. 17. The monthly pay of the officers of the cavalry shall be as follows: Of a colonel, $210; of a lieutenant-colonel, $183; a major, $162; a captain, $140; a first lieutenant, $100; a second lieutenant, $90; the adjutant, $10 per month, in addition to his pay as lieutenant. SEC. 18. The pay of the officers of the general staff, except those of the Medical Department, shall be the same as that of officers of cav- alry of the same grade. The Surgeon-General shall receive an annual salary of $3,000, which shall be in full of all pay and allowances, except fuel and quarters. The monthly pay of a surgeon, of fen years~ service in that grade, shall be $200; a surgeon of less than ten years~ service in that grade, $162; an assistant suygeon~f ten years service in that grade, $130; an assistant surgeon of five years~ service in that grade, $130; and an assistant surgeon of less than five years service, $110. SEC. 19. There shall be allowed, in addition to the pay hereinbefore provided, to every commissioned officer except the Surgeon-General, $9 per month for every five years~ service; and to the officers of the Army of the United States, who have resigned or may resign to be received into the service of the Confederate States, this additional pay shall be allowed from the date of their entrance into the former serv- ice. There shall also be an additional monthly allowance to every general officer commanding in chief a separate army actually in the field, [of] $100. SEC. 20. The pay of officers, as hereinbefore established, shall be in full of all allowances, except forage, fuel, quarters, and traveling 9 R RSERIES Iv, VOL Page 130 130 CORRESPONDENCE, ETC. expenses while traveling nuder orders. The allowance of forage, fuel, aiid quarters shall be fixed by regulations and shall be furnished in kind, except when officers are serving at stations without troops where public quarters cannot be had, in which case there may be allowed, in lieu of forage, $8 per month for each horse to which they. may be entitled, provided they are actually kept in service and mus- tered; and quarters may be commuted at a rate to be fixed by the Secretary of War, and fuel at the market price delivered. An officer when traveling under orders shall be allowed mileage at the rate of 10 cents per mile. SEC. 21. In time of war officers of the Army shall be entitled to draw forage for horses, according to grade, as follows: A brigadier- general, four; the adjutant and inspector general, quartermaster- general, commissary-geu#~ral, and the colonels of engineers, artillery, infantry and cavalry, three each; all lieutenant-colonels and majors, and captains of the general staff, engineer corps, light artillery, and cavalry, three each; lieutenants serving in the corps of engineers, lieutenants of light artillery and of cavalry, two each. In time of peace: General and field officers, three; officers below the rank of field officers, in the general staff, corps of engineers, light artillery, and cavalry, two; provided in all cases that the horses are actually kept in service and mustered. No enlisted man in the service of the Confederate States shall be employed as a servant by any officer of the Army. SEC. 22. The monthly pay of the enlisted men of the Army of the Confederate States shall be as follows: That of a sergeant or master workman of the engineer corps, $34; that of a corporal or overseer, $20; privates of the first class, or artificers, $17; and privates of the second class, or laborers, and musicians, $13. The sergeant-major of cavalry, $21; first sergeants, $20; sergeants, $17; corporals, farriers, and blacksmiths, $13; musicians, $13, and privates, $12. Sergeant- majors of artillery and infantry, $21; first sergeants, $20 each; ser- geants, $17; corporals and artificers, $13; musicians, $12, and privates, $11 each. The non-commissioned officers, artificers, musicians, and privates serving in light batteries, shall receive the same pay as those of cavalry. SEC. 23. The President shall be authorized to enlist as many master armorers, master carriage-makers, master blacksmiths, armorers, car- ri.age-makers, blacksmiths, artificers, and laborers, for ordnance service, as he may deem necessary, not exceeding in all 100 men, who shall be attached to the corps of artillery. The pay of a master armorer, master carriage-maker, master blacksmith, shall be $34 per month; armorers, carriage-makers, and blacksmiths, $20 per month; artificers, $17, and laborers, $13 per month. SEC. 24. Each enlisted man of the Army of the Confederate States shall receive one ration per day and a yearly allowance of clothing, the quantity and kind of each to be established by regulations from the War Department, to be approved by the President. SEC. 25. Rations shall generally be issued in kind, but under.cir- cumstances rendering a commutation necessary; the commutation value of the ration shall be fixed by regulations of the War Depart- ment, to be approved by the President. SEC. 26. The officers appointed in the Army of the Confederate States by virtue of this act shall perform all military duties to which they may be severally assigned by authority of the President, and it shall be the duty of the Secretary of War to prepare and publish re Page 131 CONFEDERATE AUTHORITIES. 131 ulations prescribing the details of every department in the service for the general government of the Army, which regulations shall be approved by the President, and when so approved shall be binding. SEc. 27. All officers of the Quartermasters and Commissary Depart- ments shall, previous to entering on the duties of their respective offices, give bonds, with good and sufficient sureties, to the Confed- erate States, in such sum as the Secretary of War shall direct, fully to account for all moneys and public property which they may receive. SEC. 28. Neither the Quartermaster-General, the Commissary-Gen- eral, nor any or either of their assistants shall be concerned, directly or indirectly, iu the purchase or sale of any articles intended for, making a part of, or appertaining to public supplies, except for and on account of the Confederate States; nor sl~iall they, or either of them, take or apply to his or their own use any gain or emolument for negotiating any business in their respective departments other than what is or may be allowed by law. SEC. 29. The Rules and Articles of War established by the laws of the United States of America for the government of the Army are hereby declared to be of force, except that wherever the words United States~ occur the words Confederate States~~ shall be substituted therefor; and except that the Articles of War Nos. 61 and 62 are hereby abrogated and the following articles substituted therefor: ART. 61. Officers having brevets or commissions of a prior date to those of the corps in which they serve will take place on courts-martial or of inquiry, and on boards detailed for military purposes, when composed of different corps, accord- ing to the ranks given them in their brevet or former commissions; but in the regiment, corps, or company to which such officers belong they shall do duty and take rank, both in courts and on boards as aforesaid which shall be composed of their own corps, according to the commissions by which they are there mustered. AnT. 62. If upon marches, guards, or in quarters different corps shall happen to join or do duty together, the officer highest in rank, according to the commis- sion by which he is mustered in the Army, Navy, Marine Corps, or militia, there on duty by orders from competent authority, shall command the whole and give orders for what is needful for the service, unless otherwise directed by the Presi- dent of the Confederate States in orders of special assignment providing for the case. SEC. 30. The President shall call into the service of the Confederate States only so many of the troops herein provided for as he may deem the safety of the Confederacy may require. SEC. 31. All laws or parts of laws of the United States, which have been adopted by the Congress of the Confederate States, repugnant to or inconsistent with this act are hereby repealed. Approved March 6, 1861. WASHINGTON, D. C., March 6, 1861. His Excellency JEFFERSON DAVIS, President of the. Confederate States of America: SIR: In pursuance of my understanding with you respecting the machinery for arms, I immediately, on my arrival here, went to work to Jind out the facts relative to the business, and had prepared a letter to you as the result of my investigations, which I took on Sunday evening to Captain Semines for delivery, as I learned he was going direct to Montgomery. Much to my surprise, he informed me that he had been sent here fully authorized to transact the same business, and instead of going to Alabama he was on his way to the East to see Mr. Ames. Finding myself thus completely ignored in the trans- action, I, of course, withhold as useless the communication, as no doub Page 132 132 CORRESPONDENCE, ETC. Captain Semmes has kept you well iiiformed upon the subject. I regret that I had no knowledge of his appointment, as that would have prevented my placing myself in an unpleasant position with all of the parties with whom I had been for some time in intercourse in reference to the propositions which I had the honor to submit to the military committee of the Congress. I hope that Captain Semmes may succeed in the enterprise, for then I shall have the satisfaction of knowing that my exertions and honest endeavors to benefit the Confederacy will have been crowned with success. I still believe, however, that as I had taken the initiative in this business I could have been of some service in its execution. I am, sir, very respectfully, your obedient servant, GEO. W. MORSE. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 6, 1861. Mr. C. F. VANCE, Memphis, Tenn.: SIR: Your letter of the 1st instant, inclosing a copy of the resolu- tion recently adopted by the president and directors of the Mississippi and Tennessee Railroad Company, tendering to the Government of the Confederate States of America, free of charge, the use of their road for military purposes, has just been received. Permit me, sir, through you, to assure the president and directors of said company that this manifestation of their kindness and patriotism is highly appreciated, and, should the occasion arise, this Department will avail itself of their offer. Very respectfully, your obedienI~ servant, L. P. WALKER, Secretary qf War. [MARCH 6, 1861.For Gist to Bonham, reporting the organization, in South Carolina, of ten regiments, aggregating 8,835 rank and file, see Series I, Vol. I, p. 265.] WASHINGTON, March 7, 1861. Hon. JEFFERSON DAvIS: My friend and connection has resigned from~the Army; resignation accepted; will be with you in five or six days. Have written by pri- vate hand. J. M. MASON. SAVANNAH, GA., March 7, 1861. * * * * * * * * Mr. Bell, of Forsyth, offered the following resolution: Resolved, That the people of Georgia, in convention assembled, most heartily approve the election by the Congress at Montgomery of the Hon. Jefferson Davis * From Journal of the Georgia Convention Page 133 CONFEDERATE AUTHORITIES. 133 to the Presidency and the Hon. A. H. Stephens to the Vice-Presidency of the Pro- visional Government of the Confederate States of America, the duties of which positions their distinguished public services and acknowledged abilities eminently qualify them to discharge. The resolution was taken up, read, and unanimously adopted. On motion of Mr. Crawford, of Greene, the secretary of the conven- tion was directed to transmit a copy of the foregoing to the Congress of the Confederate States~of America. * * * * * * MILLEDGEVILLE, March 7, 1861. Hon. GEORGE W. CRAWFORD, President of Georgia Gonvention, Savannah, Ga.: SIR: It is known to your honorable body that on the day after my appointment as commissioner to Texas I set out for the city of Austin, the capital of that State. Upon my arrival at that point I found its convention in session, and forthwith proceeded to make known the object of my mission. I am happy to inform you that [that] body of enlightened statesmen and patriots cordially indorsed the late action of Georgia; and their people, not less cordial in their approval of her course, have followed her example and proclaimed in the last four days with almost one voice for Southern independence and the estab- lishment of a Southern confederacy. Although their determination in this respect, from its public notoriety, must have already reached you through different channels, yet I have considered it proper in closing my embassy to authenticate the fact by communicating it officially to your honorable body. From the evidence which this spirited and patriotic race of men have thus given of their loyalty and devotion to Southern rights, I feel that I pay but a just tribute to the courage and patriotism of the people of Texas in sayinghaving upon mature deliberation adopted this measure as a last resort to protect their interests and institutions from Northern encroachment and usurpation, and to vindicate their honor and character from the ignominious imputation of abject sub- mission to wanton outrage and insultthey will stand by their act at every hazard and to the last extremity. In my admiration of their coudmlct I cannot but contrast their noble attitude with the humiliating, supplicating posture of others vainly 1~egging upon their knees as a gracious boon what as freemen and equals they should demand with arms in their hands. Upon the occasion of this most welcome and valued accession to our cause, I rejoice that it is our privilege to hail the Lone Star as one of the Southern constellation, making now our number seven. Like the Seven Stars of the heavens, may they revolve harmoniously in their orbit, increasing in beauty and splendor in their onward and upward course. Unlike the fabled Pleiades of antiquity, may no one of their number shoot madly from its sphere, unhappily doomed to become an isolated wanderer with no fixed track until all set to rise no more. I have the honor to be, with sentiments of high consideration, your most obedient servant, J. W. A. SANFORD Page 134 134 CORR~SPONDEN~E, ~ CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 8, 1861. His Excellency JEFFERSON DAVIS, President of Confederate States of Amerwa: SIR: Since my communication of the 4th instant, * in which I had the honor to submit the Army estimates for twelve months, the Congress has passed an act authorizing the President to call into the service of the Confederate States any ijumber of volunteers, not exceeding 100,000. The estimates heretofore submitted by me were based upon the bills pending before Congress and afterward passed, and were only intended for the provisional forces and the Army. Under these circumstances I deem it proper to call your attention to this fact, and to suggest an additional appropriation by Congress of $5,000,000 for the volunteer service, in the event it should become necessary to organize such a force. I have the honor to be, very respectfully, your obedient servant, L. P. WALKER, Secretary of War. FRIDAY, March 8, 1861.t The convention, being in secret session, on motion of Mr. Rice, took up the following resolution: Resolved, That a committee of seven be appointed to examine into the condition of the defenses of the city of Savannah and its approaches; to inquire what addi- tional defense, if any, may be necessary, and to report to this convention at the earliest day. * * * * * * * So the resolution was carried. * * * * * * * CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 8, 1861. His Excellency THOMAS 0. MOORE, Baton Rouge, La.: SIR: I had the honor some days since to inclose to Your Excellency a copy of an act of the Congress providing for the transfer of the troops now in the service of your State to the Provisional Army of the Confederate States. The third section of that acPrefers to the troops already in the service of the State governments, who must be tendered by the respective State authorities, and also to such troops not in the service of the States as may volunteer with the consent of the States. Your Excellency is aware that the process of organizing the regular Army of the Confederate States must necessarily be slow and unsatis- factory, and wholly inadequate to the present emergencies of our situation. Under these circumstances the main reliance of this Gov- ernment at this time must be on the State forces now in service, and such volunteer organizations in the respective States as may be desir- ous of being incorporated into the Provisional Army. The President therefore instructs me to express the hope that Your Excellency, appreciating, as I doubt not you do, the necessity for immediate mili- tary organizations subject to the control of this Government, will tender * See Series I, Vol. I, p. 261. ~ From Journal of the Georgia Convention Page 135 CONFEDERATE AUTHORITIES. 135 for the Provisional Army th~ troops now in the service of your State; and to save the delays of special application and permission it is hoped that Your Excellency will publish a general order that such companies, battalions, and regiments as may be organized in your State and vol- unteer for service in the Provisional Army may do so. Believing that Your Excellency fully appreciates the imminent necessity for prompt action, and trusting that these suggestions will receive immediate consideration, * I have the honor to be, very respectfully, your obedient servant, L. P. WALKER, Secretary of War. (The same, mutatis mutandis, to the Governors of Alabama, Florida, Georgia, and Mississippi.) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, ]Iiliontgomery, March 9, 1861. His Excellency A. B. MOORE, Montgomery, Ala.: SIR: Under the act of Congress to raise provisional forces for the Confederate States, a copy of which I had the honor to inclose to you a few days ago, this Government now needs for immediate service, at Charleston, 3,000 troops; Fort Pulaski, 1,000 troops; Fort Morgan, 1,000 troops; Pensacola, 5,000 troops; Mississippi River, below New Orleans, 700 troops; Texas, 1,000. I therefore request that Alabama shall furnish for Fort Morgan 1,000 and for Pensacola 1,000 infantry, the troops to be sent forward to those points with as little delay as possible, and on their arrival they will be mustered into the service of the Confederate States. If you can supply this requisition immedi- ately without the publication of your order, it would be better to do so, as it is advisable, as far as practicable, to keep our movements concealed from the Government of the United States. I have the honor to be, very respectfully, your obedient servant, L. P. WALKER, Secretary of War. (The same, mutatis mutandis, to the Governors, of Florida, for 500 infantry at Pensacola; Georgia, for 1,000 infantry at Pensacola and 1,000 at Fort Pulaski; Louisiana, for 1,000 infantry at Pensacola and 700 at Forts Jackson and Saint Philip; Mississippi, for 1,500 infantry at Pensacola.) SATURDAY, March 9, 1861. ~ * * * * * * * Mr. Varnadoe offered the following preamble and resolution, which were taken up and read: Whereas, General David E. Twiggs, late of the U. S. Army, actuated by a sense of duty and patriotism, and in obedience to the allegiance due his native State, delivered upon demand to the regularly constituted authorities of the independent State of Texas all the property of the late United States Government under his control, and ordered its troops beyond the borders of said State: Resolved, That this convention indorse, approve, and ratify his conduct in the premises, and recognize in him a brave and honorable soldier and a worthy and patriotic son of Georgia. * For reply, see Series I, Vol. LIII, p. 636. t From Journal of the Georgia Convention Page 136 136 CORRESPONDENCE, ETC. Mr. Alexander, of Upson, offered the following amendment to the foregoing: Resolved, That neither General Twiggs nor Colonel Hardee require any vindica- tion among their old friends and neighbors in Georgia. Their defense may be found written by the point of the sword upon the battle-fields of their country, and upon the scarred forms of her enemies; yet this convention but yields to a natural impulse when it expresses the scorn with which the people of Georgia look upon all attempts on the part of an abolition press and a venal and fanatical Government to tarnish their fame and to filch from them the rewards of long lives of glorious deeds and heroic doings. The amendment was received, and the resolution as amended was unanimously adopted. * * * * * * * Mr. Wofford offered the following preamble and resolutions, which were taken up, read, and adopted: Whereas, under the Government of the United States, prior to the secession of Georgia, there has been annually paid to the pensioners resident in said State a sum of money amounting to about $23,000: 1. Resolved, That this convention urge the Congress of the Confederate States to make immediate provision for the payment of the pensioners resident in this State the amounts heretofore allowed them by the Government of the United States. 2. Resolved, That the secretary communicate the above to the Congress of the Confederate States. * * * * * * Constitution of the Oonfrderccte States of America. We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity invoking the favor and guidance of Almighty Goddo ordain and establish this Constitution for the Confederate States of America. ARTICLE I. SECTION 1. All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Sen- ate and House of Representatives. SEC. 2. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal. 2. No person shall be a Representative who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several States, which may be included within this Confederacy, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those boun Page 137 CONFEDERATE AUTHORITIES. 137 to service for a term of years, and excluding Indians not taxed, three- fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confeder- ate States, and within every subsequent term of ten years, iu such manner as they shall by law direct. The number of Representatives shall not exceed one for every fifty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six; the State of Georgia ten; the State of Alabama nine; the State of Florida two; the State of Mississippi seven; the State of Louisiana six; and the State of Texas six. 4. When vacancies happen in the representation from any State the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment; except that any judicial or other Federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two- thirds of both branches of the Legislature thereof. SEC. 3. 1. The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the Legisla- ture thereof, at the regular session next immediately preceding the commencement of the term of service; and each Senator shall have one vote. 2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expira- tion of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, th~ Executive thereof may make tem- porary appointments until the next meeting of the Legislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have attained the age of thirty years, and be a citizen of the Confederate States; and who shall not, when elected, be an inhabitant of the State for which he shall be chosen. 4. The Vice-President of the Confederate States shall be president of the Senate, but shall have no vote unless they be equally divided. 5. The Senate shall choose their other officers; and also a presi- dent pro tempore in the absence of the Vice-Presideilt, or when he shall exercise the office of President of the Confederate States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Jus- tice shall preside; and no person shall be convicted without the con- currence of two-thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the Confederate States; but the party convicted shall, nevertheless, be liable and subject to indict- ment, trial, judgment and punishment according to law. SEC. 4. 1. The times places and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof, subject to the provisions of this Constitution; bu Page 138 138 CORRESPONDENCE, ETC. the Congress may, at any time, by law, make or alter such regulations, except a~ to the times and places of choosing Senators. 2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. SEC. 5. 1. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide. 2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds of the whole number expel a member. 3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. SEC. 6. 1. The Senators and Representatives shall receive a com- pensation for their services, to be ascertained by law, and paid out of the Treasury of the Confederate States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emolu- ments whereof shall have been increased during such time; and no person holding any office under the Confederate States shall be a mem- ber of either House during his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertainiug to his department. SEC. 7. 1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amend- ments, as on other bills. 2. Every bill which shall have passed both. Hous& ~s shall, before it becomes a law, be presented to the President of the Confederate States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to recon- sider it. If, after such reconsideration, two-thirds of that House shall agree to pass.the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, b Page 139 CONFEDERATE AUTHORITIES. 139 their adjournment, prevent its return; in which case it shall not be a law. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, design ate the appropriations disapproved; and shall return a co1py of such appropriations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President. 3. Every order, resolution or vote, to which the concurrence of both Houses may be necessary (except on a question of adjournment) shall be presented to the President of the Confederate States; and before the same shall take effect, shall be approved by him; or being disap- proved by him, shall be repassed by two-thirds of both Houses, accord- ing to the rules and limitations prescribed in case of a bill. SEC. 8. The Congress shall have power 1. To lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the Government of the Confederate States; but no bounties shall be granted from the Treasury; nor shall any duties or taxes on importa- tions from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform through- out the Confederate States: 2. To borrow money on the credit of the Confederate States: 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Congress t~ appropriate money for any internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of, harbors and the removing of obstructions in river navigation; in all which cases such duties shall be laid on the navigation facilitated thereby as may be necessary to pay the costs and expenses thereof: 4. To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederate States; but no law of Congress shall discharge any debt contracted before the passage of the same: 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States: 7. To establish post-offices and post-routes; but the expenses of the Post-Office Department, after the 1st day of March in~the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues: 8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries: 9. To constitute tribunals inferior to the Supreme Court: 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations: 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years: 13. To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces Page 140 140 CORRESPONDENCE, ETC. 15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions: 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the serv- ice of the Confederate States; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress: 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of the Government of the Confederate States; and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, mag- azines, arsenals, dockyards, and other needful buildings: and 18. To make all laws which shall be necessary and proper for car- rying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the Confederate States, or in any department or officer thereof. SEC. 9. 1. The importation of negroes of the African race, from any foreign country other than the slave-holding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same. 2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belonging to, this Confederacy. 3. The privilege of the writ of ,habeas corpus shall not be sus- pended, unless when in cases of rebellion or invasion the public safety may require it. 4. No bill of attainder, ex post facto la~w, or law denying or impair- ing the right of property in negro slaves shall be passed. 5. No capitation or other direct tax shall be laid, unless in pro- portion to the census or enumeration hereinbefore directed to be taken. 6. No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses. 7. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another. 8. No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be pub- lished from time to time. 9. Congress shall appropriate no money from the ~lreasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of departments and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the pay- ment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the Government, which it is hereby made the duty of Congress to establish. 10. All bills appropriating money shall specify in Federal cur- rency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent or servant, after such contract shall have been made or such service rendered Page 141 141 CONFEDERATE AUTHORITIES. 11. No title of nobility shall be granted by the Confederate States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolu- ment, office, or title of any kind whatever, from any king, prince, or foreign state. 12. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peace- ably to assemble and petition the Government for a redress of griev- ances. 13. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. 14. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. 15. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. 16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or prop- erty without due process of law; nor shall private property be taken for public use, without just compensation. 17. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining wit- nesses in his favor; and to have the assistance of counsel for his defense. 18. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise re-examined in any court of the Confederacy, than according to the rules o~common law. 19. Excessive bail shall not be required, nor exdessive fines imposed, nor-cruel and unusual punishments inflicted. 20. Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title. SEC. 10. 1. No State shall enter into any treaty, alliance, or con- federation; grant letters of marque and reprisal; coin money; make anything but gold and silver coin a tender in payment of debts; rass any bill of attainder, or ex post facto law, or law impairing the obliga- tion of contracts; or grant any title of nobility. 2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be abso- lutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports Page 142 CORRESPONDENCE, ETC. 142 shall be for the use of the Treasury of the Confederate States; and all such laws shall be subject to the revision and control of Congress. 3. No State shall, without the consent of Congress, lay any duty on tonnage, except on seagoing vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus derived, shall, after making such improvement, be paid into the common treasury. Nor shall any State keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States they may enter into compacts with each other to improve the navigation thereof. ARTICLE II. SECTION 1. 1. The executive power shall be vested in a President of the Confederate States of America. He and the Vice-President shall hold their offices for the term of six years; but the President shall not be reeligible. The President and Vice-President shall be elected as follows: 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative or person holding an office of trust or profit under the Confederate States shall be appointed an elector. 3. The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in dis- tinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the Government of the Confederate States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of e]j~ctors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose iminedi- ately, by ballot, the President. But in choosing the President the votes shall be taken by Statesthe representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Represent- atives shall not choose a President, whenever the right of choice shall devolve upon them, before the 4th day of March next following, then the Vice-President shall act as President, as in case of the death, or other constitutional disability of the President. 4. The person having the greatest number of votes as Vice-Presi- dent shall be the Vice-President, if such number be a majority o Page 143 CONFEDERATE AUTHORITIES. 143 the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall con- sist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 5. But no person constitutionally ineligible to the office of Presi- dent shall be eligible to that of Vice-President of the Confederate States. 6. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Confederate States. 7. No person except a natural-born citizen of the Confederate States, or a citizen thereof at the time of the adoption of this Consti- tution, or a citizen thereof born in the United States prior to the 20th of December, 1860, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election. 8. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may, by law, provide for the case of removal, death, resig- nation, or inability, both of the President and Vice-President, declar- ing what officer shall then act as President; and such officer shall act accordingly until the disability be removed or a President shall be elected. 9. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other einolument from the Confeder- ate States, or any of them. 10. Before he enters on the execution of his office he shall take the following oath or affirmation: I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof. SEC. 2. 1. The President shall be Commander-in-Chief of the Army and Navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the Confederate States, except in cases of impeachment. 2. He shall have power, by and with the advice and conseiit of the Senate, to make treaties; provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the Confederate States whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may, by law, vest the appointment of such inferior offi- cers, as they think proper, in the President alone, in the courts of law, or in the heads of departments Page 144 144 CORRESPONDENCE, ETC. 3. The principal officer in each of the Executive Departments, and all persoxts connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the Executive Departments may be removed at any time by the Presi- dent, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity, inefficieney, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor. 4. The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session; but no person rejected by the Senate shall be reappointed to the same office during their ensuing recess. SEC. 3. 1. The President shall, from time to time, give to the Con- gress information of the state of the Confederacy, and recommend to their consideration such measures as he shall jndge necessary and expedient; he may, on extraordinary occasions, convene both Hous~s, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States. SEC. 4. 1. The President, Vice-President, and all civil officers of the Confederate States, shall be removed from office on impeachment, for and conviction of treason, bribery, or other high crimes and mis- demeanors. ARTICLE III. SECTION 1. 1. The judicial power of the Confederate States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices dur- ing good behavior, and shall, at stated times, receive for their serv- ices a compensation which shall not be diminished during their con- tinuance in office. SEC. 2. 1. The judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederate States shall be a party; to controversies between two or more States; between a State and citizens of an~her State, where the State is plaintiff; between citizens claiming lands under grants of different States; and between a State or the citizens thereof, and for- eign states, citizens, or subjects; but no State shall be sued by a citi- zen or subject of any foreign state. 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State Page 145 CONFEDERATE AUTHORITIES. 145 the trial shall be at such place or places as the Congress may by law have directed. SEC. 3. 1. Treason against the Confederate States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. SECTION. 1. 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State; and the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. SEC. 2. 1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confed- eracy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired. 2. A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the executive author- ity of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due. SEC. 3. 1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives and two- thirds of the Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress. 2. The Congress shall have power to dispose of and make all need- ful rules and regulations concerning the property of th~ Confederate States, including the lands thereof. 3. The Confederate States may acquire new territory; and Con- gress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory the institu- tion of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress and by the Territorial gov- ernment; and the inhabitants of the several Confederate States and Territories shall have the right to take to such Territory any slaves lawfully held by them iii any of the States or Territories of the Con- federate States. 10 R RSERIE5 IV, VOL Page 146 146 CORRESPONDENCE, ETC. 4. The Confederate States shall guarantee to every State that now is, or hereafter may become, a member of this Confederacy, a repub- lican form of government; and shall protect each of them against inva- sion; and on application of the Legislature (or of the Executive when the Legislature is not in session) against domestic violence. ARTICLE V. SECTION 1. 1. Upon the demand of any three States, legally assem- bled in their several conventions, the Congress shall summon a con- vention of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the said demand is made; and should any of the proposed amendments to the Constitution be agreed on by the said convention voting by Statesand the same be ratified by the Legislatures of two- thirds of the several States, or by conventions in two-thirds thereof as the one or the other mode of ratification may be proposed by the general conventionthey shall thenceforward form a part of this Con- stitution. But no State shall, without its consent, be deprived of its equal representation in the Senate. ARTICLE VI. 1. The Government established by this Constitution is the succes- sor of the Provisional Government of the Confederate States of Amer- ica, aifd all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished. 2. All debts contracted and engagements entered into before the adoption of this Constitution shall be asvalid against the Confederate States under this Constitution, as under the Provisional Government. 3. This Constitution, and the laws of the Confederate States made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederate States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding. 4. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judi- cial officers, both of the Confederate States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualific& t or public trust under the Confederate States. ion to any office 5. The enumeration, in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people of the several States. 6. The powers not delegated to the Confederate States by the Con- stitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof. ARTICLE VII. 1. The ratification of the conventions of five States shall be suffi- cient for the establishment of this Constitution between the States so ratifying the same. 2. When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Const Page 147 CONFEDERATE AUTHORITIES. 147 tution shall prescribe the time for holding the election of President and Vice-President; and for the meeting of the Electoral College; and for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Pro- visional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Consti- tution of the Provisional Government. Adopted unanimously by the Congress of the Confederate States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas, sitting in convention at the capitol, in the city of Mont- gomery, Ala., on the eleventh day of March, in the year eighteen hun- dred and sixty-one. HOWELL COBB, President of the Congress. South Carolina: R. Baruwell Rhett, C. G. Memminger, Win. Porcher Miles, James Chesnut, jr., R. W. Barn- well, William W. Boyce, Lawrence M. Keitt, T. J. Withers. Georgia: Francis S. Bartow, Martin J. Crawford, Benja- min H. Hill, Thos. R. R. Cobb. Florida: Jackson Morton, J. Patton Anderson, Jas. B. Owens. Alabama: Richard W. Walker, Robt. H. Smith, Cohn J. McRae, William P. Chilton, Stephen F. Hale, David P. Lewis, Tho. Fearn, Jno. Gill Shorter, J. L. M. Curry. Mississippi: Alex. M. Clayton, James T. Harrison, William S. Barry, W. S. Wilson, Walker Brooke, W. P. Harris, J. A. P. Campbell. Louisiana: Alex. de Clonet, C. M. Conrad, Duncan F. Ken- ner, Henry Marshall. Texas: John Hemphill, Thomas N. Waul, John H. Reagan, Williamson S. Oldham, Louis T. Wigfall, John Gregg, William Beck Ochiltree. AN ACT making appropriations for the support of 3,000 men for twelve months, to be called into service at Charleston, S. C., under the third and fourth sec- tions of an act of the Congress To raise provisional forces for the Confederate States of America, and for other purposes. The Congress of the Confederate States of America do enact, That the following appropriations be made for the support of the pro- visional troops called into service by the act aforesaid: Pay of the troops, $658, 680; forage for officers horses and quartermasters ani- mals, and cavalry horses, $20, 662; subsistence for troops, $270,000; clothing for the troops, $200,000; camp and garrison equipage, $18,267.72; supplies for the Quartermasters Department, $76,160; fuel for troops and hospitals, $59,997; Medical and Hospital Department, $20,000. SEC. 2. And be it further enacted, That, the additional sum of $860,228.45 is hereby appropriated for the support of 2,000 additional troops to be called into the service of the Confederate States for twelve months, at Charleston, S. C., whenever in the discretion of the President their services may be required. Approved March 11, 1861 Page 148 148 CORRESPONDENCE, ETC. AN ACT making appropriations for the support of the Regular Army of the Con- federate States of America for twelve months, and for other purposes. The Congress of the Confederate States of America do enact, That the following appropriations are made for the support of the Regular Army for twelve months, viz: For expenses of recruiting and for transportation of recruits, $192,500; pay of the Army, $2,070,484; forage for officers horses and for cavalry and light artillery horses, $107,200; subsistence for troops, $912,500; clothing for the Army, $648,780; camp and garrison equipage, $60,000; supplies for the Quartermasters Department, consisting of fuel for the officers, enlisted men, guards, hospitals, store-houses, and offices; of forage in kind for the horses, mules, and oxen of the Quartermasters Department, at the several posts and stations and with the armies in the field; of postage on letters and packets received and sent by officers of the Army on public service; expenses of courts-martial and courts of inquiry, including the additional compensation of judge-advocates, recorders, members and witnesses, while in that service; extra pay to soldiers employed under the direction of the Quartermasters Department in the erection of barracks, quarters, store-houses, and hospitals, for constant labor for periods of not less than ten days, including those employed as clerks; expense of interment of officers killed in action, or who die when on duty in the field, or at the posts on the frontiers, and of non-commissioned officers and soldiers; authorized office fur- niture; hire of laborers in the Quartermasters Department; compen- sation of clerks of the officers of the Quartermasters Department; for the apprehension of deserters and the expenses incident to their pursuit; for the following expenses required for the regiment of cav- alry and for the four batteries of light artillery, namely, the purchase of traveling forges, blacksmiths and shoeing tools, horse and mule shoes and nails, iron and steel for shoeing; medicine for horses and mules; picket ropes, and for shoeing the horses of the corps named, $353, 956. For constructing barracks and other buildings at posts which it may be necessary to occupy during the year, and for repair- ing, altering, and enlarging buildings at the established posts, including hire or commutation of quarters for officers on military duty, hire of quarters for troops, of store-houses for the safe-keeping of military stores, and of gronnds for summer cantonments and for temporary fron- tier stations, for commutation of forage for officers horses when it can- not be drawn in kind, $350,000; for mileage, or the allowance made to officers of the Army for the transportation of themselves and their bag- gage when traveling on duty without troops, escorts, or supplies, $35,000: Provided, That mileage shall not be allowed wifen the officer has been transferred or relieved at his own request. For transportation of the Army, including the baggage of the troops when moving either by land or water, of horse equipments, and of subsistence, from the places of purchase, and from the places of delivery under contract to such places as the circumstances of the service may require them to be sent, of ordnance, ordnance stores, and small-arms, freights, wharfage, tolls, and ferriages, hire of horses, mules, and oxen, and the purchase and repair of wagons, carts, and drays, and of ships and other sea-going vessels required for the transportation of supplies and for garrison purposes, for drayage and cart~ge at the several posts, hire of teamsters, transportation of funds for the disbursing departments, the expense of public transports on the various rivers, the Gulf of Mexh~o, and the Atlantic, $650,000; for the purchase of horses for the regiment of cavalry and four batteries of light artillery Page 149 CONFEDERATE AUTHORITIES. 149 ~163,2OO; contingencies of the Army, $15,000; for the medical and hospital departments, $75,000; contingencies of the Adjutant-Generals Department, $600; armament of fortifications and purchase of light artillery, $250,000; purchase, manufacture, and alteration of small- arms, $450,000; for ordnance, ordnance stores, and supplies, includ- ing horse equipments for the regiment of cavalry and for light batteries, $199,540. SEC. 2. And be it further enacted, That the Secretary of War, under the direction of the President, be, and he is hereby, authorized to apply any portion of the appropriations made by this act to the sup- port of the provisional forces which may be called into service, when- ever in his opinion the same may be necessary. Approved March 11, 1861. AN ACT making appropriations to carry out the provisions of An act to provide for the public defense. The Congress of the Confederate States of America do enact, That to enable the President to carry into effect the provisions ~ the act of the Congress of the Confederate States entitled An act to pro- vide for the public defense, and to provide for the pay, subsistence, and transportation of such volunteer forces as may be called into service by authority of the said act, the sum of $5,000,000, or as much thereof as may be necessary, be, and the same is hereby, appropriated from any moneys in the Treasury not otherwise appropriated. Approved March 12, 1861. Indorsement of the election of the President and Vice-President of the Confederate States. * Resolved, That the election of Jefferson Davis, President, and Alexander H. Stephens, as Vice-President, of the Provisiona! Govern- ment of the Confederate States of America meets with the approval of this convention, and the same is hereby fully ratified by the people of Alabama. SAVANNAH, March 12, 1861. Hon. L. P. WALKER, Secretary of War: I will furnish you two regiments of 1,000 each as soon as they can possibly be organized. JOSEPH E. BROWN. SAVANNAH, GA., March 12, 1861. Hon. L. P. WALKER, Secretary of War, Montgomery, Ala.; SIR: I have had the honor to receive your telegram to me at Mil- ledgeville, which has been forwarded to me at this plaee, asking for 2,000 men for the service of the Confederate States; also your letter * From Journal of the Alabama Convention, March 12, 1861 Page 150 150 CORRESPONDENCE, ETC. upon the subject of the organization of the Army. I am disposed to do all in my power to facilitate the action of the Government of the Confederate States in its preparation for the common defense. As the Georgia convention instructed me to raise two regiments of regu- lars for the service, which were expected to be turned over to the common Government, I have desired to know their status before taking further action to raise troops. I have appointed the officers for the two regiments and they are now actively engaged enlisting soldiers. There are about 200 enlisted for one regiment and 250 for the other, and recruits are coming in daily. I desire to know whether you will accept these regiments with all the officers appointed by me and will receive the men now enlisted as part of the 2,000 required, and per- mit the officers not necessary to the immediate command of the num- ber of men now in the regiments to continue to enlist in Georgia till the regiments are full, when the whole will remain in the service of the Confederate States during the term of their enlistment at least. I cannot, in justice to the privates who have enlisted, tender the regiments unless they are received with the officers which I have appointed, as the recruits have nearly all been obtained by ~he officers appointed from civil life, with the understanding that they are to go under them. May I ask to be informed, plainly and explicitly, of the terms on which the regiments will be received, and whether they will now be received, as far as enlisted, as part of the 2,000 men now called for? The regiments could, I think, soon be filled by the recruiting officers in the State, and the officers will inform you that they are excellent, able-bodied recruits. If you accept them upon the terms above mentioned they are now at your service and subject to your order. For the present I do not desire to publish a general order of the character mentioned in your letter. I am, very respectfully, your obedient servant, JOSEPH E. BROWN. AN ORDINANCE to ratify and adopt the Constitution of the Confederate States of America. Be it ordained by the people of Alabama in convention assembled, That the Constitution framed and adopted on the 11th day of March, 1861, by the deputies from the States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, in conventiQn assembled at Montgomery, Ala., be, and the same is hereby, approved, ratified, and adopted as the Federal Constitution for the people of Alabama. Done in convention on the 13th day of March, 1861. WILLIAM M. BROOKS, President of the Convention. A. G. HORN, Secretary of the Convention. I, P. H. Brittan, secretary of state of the State of Alabama, hereby certify that the above is a~ true copy of an ordinance entitled An ordinance to ratify and adopt the Constitution of the Confederate States of America, as taken from the original now on file in my office. In testimony whereof I have hereunto set my hand and affixed the great seal of the State at Montgomery, Ala., this the 1st day of June Page 151 CONFEDERATE AUTHORITIES. 151 A. D. 1861, and of the Independence of the Confederate States of America the first year. P. II. BRITTAN, Secretary of State. SAVANNAH, March 13, 1861. Hon. G. W. CRAWFORD, President, & c.: SIR: Under yonr appointment of myself as commissioner to Mary- land, I visited that State on the 18th ultimo and fonnd in session on that day, in the city of Baltimore, a convention of her people assem- bled to take advisory action npon the condition of the conntry. This convention, I learned, was not a legally constitnted body, anthorized to take definite and binding action, bnt was a volnntary assemblage of the people, which had no power to commit their State to any line of policy. I did not, therefore, feel anthorized nnder the ordinance of yonr body prescribing the dnties of yonr commissioner to lay before them the action of onr State, or to hold any interconrse with them of an official character. I visited the convention, nnoffi- cially, and, being invited to a seat on their floor, attended the meet- ings of the same dnring the two days of their session. I fonnd the members of that convention, comprising, as it did, a nnmber of the best men and highest talent of the State, while they thonght the cotton States had acted with nndne haste and precipitancy, almost unanimons for resistance to Black Repnblican rnle, and determined to co-operate with the seceding States in the event that Virginia shonld determine to withdraw from the Federal Government. The sitnation of Maryland geographically is si4ch that, however mortify- ing it may be to her gallant sons, she is compelled to direct her action in concert with Virginia, that State and North Carolina lying imme- diately between her and the cotton States. The convention, after a session of two days, adjonrned to reassem- ble on the 12th instant, nnless in the interval Virginia shonld take decided action, in which event they were to immediately reassemble for binding and definite action. Before adjonrning, however, that body passed the following resolntions: The committee on resolutions, through their chairman, Hon. Robert McLane, submitted to the convention the following resolutions: Whereas, it is the opinion of this meeting that in the present alarming crisis in the history of our country it is desirable that the State of Maryland should be represented by judicious, intelligent, and patriotic agents, fuJ.ly authorized to confer and act with our sister States of the South, and particularly with the State of Virginia; And whereas, such authority can be conferred solely by a convention of the people of the State; And whereas, in the opinion of the meeting, the Legislature not being in session, a full and fair expression of the popular will is most likely to be heard by a convention called by a recommendation of the Executive; And whereas, it is alleged that the Governor now has it in contemplation to recommend by proclamation such a movement in the event of a failure by the Peace Conference and Congress to effect any satisfactory solution of the vexed question now agitating the country: Be it therefore Resolved, That we shall approach such a proceeding on the part of the Gov- ernor, and add the voice of this convention to urge the voters of this State to regard such proclamation. And with a view to allow time for the action of the Governor in the matter, the convention will adjourn until the 12th day of March next, unless intermediately the State of Virginia should by her sovereign con- vention secede from the Union; in which event, and in case the Governor of th Page 152 152 CORRESPONDENCE, ETC. State shall not have then called a sovereign convention of the people of this State, this convention shall at once assemble at the call of the president, with a view of recommending to the people of this State the election of delegates to such a sovereign convention. Resolved further, As the sense of this convention that the secession of the several slave-holding States from the Federal Union was induced by the aggres- sion of the non-slave-holding States, in violation of the Constitution of the United States. Resolved further, That the moral and material interest and the geographical position of this State demand that it should act with Virginia in this crisis, co-operating with that State in all honorable efforts to maintain and defend the constitutional rights of its citizens in the Union, and failing in that, to associate with her in confederation with our sister States of the Union. Resolved further, That the honor of this State requires that it should not per- mit its soil to be made a highway for Federal troops sent to make war upon our sister States of the South, and it is the opinion of this convention that an attempt on the part of the Federal Government to coerce the States which have seceded would necessarily result in civil war and the destruction of the Government itself. On the 2~5th of February I visited for the third time Annapolis, the seat of government (having failed, while there on a former visit on the 21st, to meet the Executive), and waited npon Governor Hicks, and after a personal interview and pretty free interchange of opinion with His Excellency, I handed to him the ordinance of secession with which I was intrnsted, and also a written cominnnication in which I endeavored to justify and explain the action of the State of Georgia; and attempted to show that the material interests of Maryland would be greatly promoted and advanced by her co-operation with the seceding States. To this commnnication (copy of which is hereto attached) I have received no reply, although, npoii a suggestion of Governor Hicks that he would favor me with a reply at his earliest convenience, I waited for two days to receive such communication as he should be pleased to make to yonr body. In the absence of any written reply to my note of the 25th ultimo I can only give to your honorable body the result of the personal inter- view I had with the Governor, and I regret to say that I found him not only opposed to the secession of Maryland from the Federal Union, bnt that if she should withdraw from the Union he advised and would urge her to confederate with the Middle States in the for- mation of a central confederacy. He also informed me that he had already, in his official character, entered into a correspondence with the Governors of those States, including New York, Pennsylvania, New Jersey, Delaware, Virginia, Missouri, and Ohio, with a view, in the event of an ultimate disruption of the Federal Union, to the establishment of such central confederacy. . He thought our action hasty, ill-advised, and not justified by the action of which we com- plain, and that we were attempting to coerce Maryland to follow our example; that he had great confidence in the Peace Conference then in session in Washington, and had assurances that that body would agree upon a plan of adjustment that would be entirely accept- able to Maryland; that the proposition before the conference known as the Guthrie plan was a fair and proper basis of compromise and settlement. He also informed me in the course of our interview, and in answer to a direct inquiry from me on that point, that in the event of the Federal Governments attempting to coerce the seceding States he would interpose no objection to the marching or transporting of troops through his State and their embarkation at Baltimore by the Federal Government for that purpose; that as Chief Magistrate of the State he had no power to prevent it, as it would not be a Page 153 1~3 CONFEDERATE AUTHORITIES. invasion of his State, and that he would not convene the Legislature under such circumstances that they might take action in the premises. These opinions and views of the Governor I have reasons to believe are not entertained by a majority of the people of Maryland. Indeed, I have no doubt that the people there would spontaneously rise en masse and resist the invaders, though it encrimsoned their soil with the best blood of the State. The people, then, in my humble judg- ment, are true to the memories of the past. They are a gallant, patriotic, and brave people, whose feelings and sympathies are warmly enlisted in our cause, and although some of them do entertain the opinion that we have, perhaps, acted precipitately, they acknowledge that our action is fully justified by the events of the past, and declare their determination to assist us, if need be, in sustaining our inde- pendence. It is greatly to be regretted that such a gallant people should be prevented by their own officials, however high they may be, from giving an authoritative expression of their conviction, and of taking such action as in their judgment the affairs of the country demand. Without the consent of Governor Hicks neither the Legis- lature nor an authorized convention can be assembled, and I have no hesitancy in stating that he will never convene either. If Virginia shall withdraw from the Union the people of Maryland will, in the shortest possible period of time, assume the responsibility, assemble in spontaneous convention, and unite their destinies with the Con- federate States of the South. In conclusion I would respectfully add that this communication would have been made at an earlier day but that I waited, hoping to receive an answer from Governor Hicks, before I laid before your body the result of my mission. I have the honor to be, very respectfully, your obedient servant, A. R. WRIGHT. [Inclosure.] ANNAPOLIS, MD., February 26, 1861. His Excellency THOMAS II. HICKS, Governor, & c.: SIR: I have the honor herewith to inclose to Your Excellency a copy of an ordinance to dissolve the union between the State of Georgia and other States, under a compact of Government entitled The Consti- tution of the United States of America, ~ passed by the people of Georgia in convention recently assembled at the capitol in Milledge- ville; also a copy of an ordinance passed by the same body for the appointment of commissioners to each of the noir-seced~d slave-hold- ing States, t together with my appointment as the commissioner of Georgia to the State of Maryland. The ordinance creating the office I have the honor to hold makes it a part of my duty to urge upon the State of Maryland the policy of withdrawal, or secession, from the power known as the United States, and co-operation with the State of Georgia and other independent Southern States in the formation of a new confederation and union, for the mutual defense, protection, and welfare of the Southern States, and for the promotion of the happiness of their citizens. The people of Georgia have labored for years past with anxious solicitude for the preservation of the Federal UnIon, and have made *See January 19, p. 70. t See ordinance of January 18, section 7, p. 57 Page 154 154 CORRESPONDENCE, ETC. many sacrifices, both of rights and of honor, to avoid the dire neces- sity of resistance to Federal encroachments and Northern insults and injuries. This pacific and yielding policy of her people has been re- ceived at the North as merely increasing evidence of our weakness and utter dependence upon the Federal Union for protection and happiness. It cannot be denied that for more than thirty years the North~rn people have been waging a violent, inflammatory, and wholly unjus- tifiable war upon the institution of domestic slavery as it exists in the Southern Statesan institution which underlies our whole social sys- tem, and upon the perpetuity of which depends in a large degree the wealth, prosperity, and general welfare of the entire South. First commencing their attacks upon slavery in the States, they con- tinued their assaults until the united South, assisted by a large and respectable portion of the people of the non-slave-holding States, with common intent, met at th~ ballot boxes of the country and over- whelmed them with defeat and shame. The old Abolitionist party proper never commanded the respect nor received the support of any considerable number of the Northern people; and hence their attacks, although highly insulting and highly aggravating in their character, and clearly violative of their constitutional obligations, were harm- less, except so far as they tended to inflame the passions, arouse the jealousies, and excite the hatred of the Southern mind. The people of Georgia, while they have ever abhorred the canting philanthropy and the religious intolerance and treasonable machina- tions of the Abolitionists, have heretofore cherished a kindly and fra- ternal regard, and on all suitable occasions have manifested a warm and cordial appreciation, of the intelligence, virtue, and patriotism of the great body of the Northern people who have in the past so nobly breasted the popular clamor and blind fanaticism of their own sec- tion in defense of the constitutional rights of the South. The increase of our public domain acquired by our contest with Mexicoa contest in which, without disparagement to any, it may be said that the South contributed as much of men and of means, and shared as much of the common glory won upon those ensanguined battle-fields, as any other portion of the Confederacygave birth to new organization, which sprang from the dead body of Abolitionism, having for its avowed object the preservation of this acquisition from what they were pleased to term the blasting effects of involuntary servitude. Disappointed office hunters, ambitious politicians, and corrupt demagogues found here a common ground from which to make their assaults upon the Constitution and the Uiion, and by which they were borne into importance and power. The result of the recent Presidential election has shown but too well the sagacity of their movement and the success of their organization, had we not been already convinced of their powerand their power for harmby their absolute control of the State governments of the entire anti- slavery portion of the Confederacy. Contemporaneous with the suc- cess of this corrupt and treasonable organization has been the melt- ing away of the old conservative element there, until it has ceased to be able to make itself potent for the preservation of our constitu- tional rights. It is hardly necessary that I should attempt to enumerate the several acts of this new organization, for they are read and known of all men, which have impelled the people of Georgia to the extrem Page 155 155 CONFEDERATE AUTHORITIES. measure of a total dissolution of the bonds by which they were joined and confederated with the States of the North in a common Govern- ment. They have passed laws insulting and oppressive to us, and in open violation of the express letter of the Constitution; they have sought by acts of the Federal Congress to deprive us of all right to participation in the settlement of our common Territories; they have set on foot and organized emigrant-aid societies for the purpose of sending foreign and pauper immigrants into the Territories of the Union to crush out and prevent immigration to those Territories from the Southern States; they have enticed from service our slaves, and refused, though the demand was made upon a clear and indisputable provision of the Constitution, to deliver them up to the lawful pos- session of their owners; they have with force and violence rescued our slaves from the possession of their masters who have been, with their families, temporarily sojourning in the Northern States; they have unlawfully torn from Southerners who have been forced by stress of weather to touch at their ports their entire property in domestic slaves, and their courts of justice (so called) have sustained them in the robbery; they have attempted by inflammatory and incendiary appeals made through the public presses to incite our slaves to rebellion and insurrection; they have refused to render up for trial fugitives from justice flying from crimes committed at the South whenever the crimes with which they were charged were coin- mitted in relation to slavery, although the Federal Constitution declares it their duty so to deliver them up; they have invaded the soil of a sister Southern State with an armed force for the purpose of exciting insurrection, and have murdered in cold blood her quiet citizens; they have refused to deliver up for trial individuals charged with being accessory before the fact to such invasion, insurrection, and murder; they have, in their State Legislatures, passed laws making it felony, and punishable with imprisonment for terms extending from two to fifteen years, for a master to assert upon their soil his rights to a fugitive slave; and finally, they have, by a com- bination of all the elements of antagonism to Southern institutions in the non-slave-holding States, succeeded recently in the election of Abraham Lincoln to the Presidency of the United States upon a plat- form of principles alike sectional in their character and dangerous to the peace, welfare, and domestic tranquillity of the slave-holding States. With these startling facts before our eyes, what reasonable hope can be entertained that the Northern mind will undergo a change will yield its prejudices? Can it be expected that a part~y which has been so long struggling for power upon an issue so interwoven with their religious fanaticism will, in the full flush of their first and most decided victory, renounce the principles and deny the faith which has alone secured them place and power? They know but too well that utter ruin and disgrace at home would follow close upon any adjustment or compromise which they might make that would be satisfactory to the South. The long-gathering and destructive polit- ical storm which has recently swept the North from Maine to Minne- sota is but an earnest of the deep hatred and determined hostility of their people to our institutions. And now that the first shock of the tornado has been received, and its fury spent upon our heads, is there yet discernible any indication of returning calm and quiet? Who has been able up to this moment to discern a single ray of hope in the dark and lowering Northern horizon? What dove of promis Page 156 156 CORRESPONDENCE, ETC. has discovered the dry land and the olive branch in that great sea of intolerance and hatred? The very existence of the Repnblican party is depending upon their firm and nnwavering determination to enforce by all possible means the policy of crushing ont African slavery in all its conditions and in all its strongholds. The irrepressible conflict with them is just begun. Their mission is to annihilate slavery from the American continent and to know no diminntion of their labor until that object is accom- plished. Do the Northern people intend to retrace their steps? Then why, as State after State has fallen from the Union, as star after star has been blotted from their flag, have they not long ere this given ns an earnest of their desire for conciliation and compromise? With a commanding majority in both branches of the National Legislature, the Northern States have failed and refnsed to take any action which would lead to the least surrender of their treasonable designs or afford the slightest encouragement to the Sonthern mind of their willingness to perform in good faith their constitutional obliga- tions. Weeks and months have been passed in the Federal capital by the representatives of the Nation, and not a sin~le indication of retnrning wisdom has been given to our people. And while the whole powers of the Federal Government have been taxed to their utmost limits in efforts to intimidate and coerce the Southern people, the subject of their grievances has been kept buried in the committee rooms of both Houses of Congress, while day after day have our rep- resentatives urgednay, imploredimmediate and pacific action. The Executive at Washington, as the storm gathered close and thick around him, has discarded his long-tried and faithful advisers and has called to the supreme control of affairs, both civil and military, a disappointed, ambitious military chieftain, whose only merit for such a trust is his partiality for soup and slaughter and his hatred of Southerners and slavery. And even now, when seven sovereign States have withdrawn from all connection with the Federal Government, when the entire South is alarmed and irritated by the success of the Republicans, they attempt to allay their fears and quiet their apprehensions by a display of military force at and around Washington and the adjoining States of Maryland and Virginia, wholly incompatible with the safety of those States and utterly destructive to their liberties. These are the overtures of peace extended to us by the Northern Federal Govern- mentScott and scorpions, cannon and cartridge. But could the South in safety again rely upon the pledges of the North were they in the possibility of events to be~~ffered anew to us? What paper writing more solemn, what instrument so sacred, what compact so clear, what compromise so just as the Constitution of the United States? Yet they have violated its spirit, broken its letter, and destroyed its vitality. By what bonds can such a people be held? They ignore the Bible, violate oaths, nullify the laws, and pharisaic- ally call upon Jehovah to guide and support them in their infamous course. These are a few Only of a long series of acts of hostility to the institutions of her people that have forced the State of Georgia to dissolve forever her connection with the Federal Government and to declare herself what of right she is, and ought to be, a free, sovereign, and independent State. Georgia feels that she has not alone suffered wrong and injustice from the Northern States. Neither is it her individual wrong only which has caused her recent action. She feels intensely the wrong Page 157 CONFEDERATE AUTHORITIES. 157 done and injuries inflicted upon her sister .Southern States, and while it is true that her people have perhaps suffered less in some respects than the people of Maryland and the entire border Southern States, she no less makes their wrongs her wrongs and their cause her cause, and is prepared to take common action with her sister States for the preservation of their common liberties and the defense of their common rights at all hazards and to the last extremity. The right of Georgia to secede from the Federal Union for existing causes she does not admit to be a debatable question. As a sovereign State she threw off her allegiance to Great Britain in 1776. As a sovereign independent State, in 1788, she ratified and adopted the Federal Constitution; and as a soVereign State she has now repealed and annulled her former adoption and ratification of that Constitu- tion and has set up for herself an independence and equality among the nations of the earth which she expects and demands shall be clearly and explicitly recognized and admitted. Still, recalling the blessings enjoyed, the wealth, power, and happiness conferred upon her people in the earlier days of the Republic under the operation of the Federal Union and the Constitution as expounded and enforced by the patriot fathers of those days, she is anxious to associate her- self with the slave-holding States in a new confederated republic upon the basis of the old Union, and has elected delegates to represent her people in a Southern convention now assembled at the city of Mont- gomery, in the State of Alabama, for the purpose of organizing a provisional government for the seceding States and the adoption of a constitution and the establishment of a more perfect union among her several sister Southern States. In this great work of reorganization she cordially invites the co-op- eration and assistance of the State of Maryland. She is not unmind- ful of the past history of your noble State, neither has she forgotten the proud names that cluster in undying glory upon the broad pages of your States history. The people of Georgia feel a just and proper pride in the fame, the virtue, the intelligence, and patriotism of your statesmen, while the courage and bravery of your sons in the field have made their names as familiar to her people as household words. The past of Maryland gives strong encouragement to Georgia to hope that, in the present trying exigency in which she, with her Southern sisters, from no fault of their own, find themselves placed, your gallant State will, though slowly it may be, yet surely, be found side by side with the firmest in determined resistance to Black Republican rule. Maryland owes this to herself no less than to the other Southern States. The wealth, population, a~d commer- cial importance of her great metropolis, Baltimore, joint out that city as the great commercial and financial center of the Southern Republic. Under the oppression and umiequal administration, of the present Fed- eral Government she has maintained the third rank in the list of American cities. That she has natural and artificial adx7antages equal, if not superior, to New. York and Philadelphia is plain to the commonest observer. Under a friendly, or even a fair, system of government, she would soon take rank among the first cities of the world. As long as Maryland continues a dependency upon the Northern Federal Government restrictions, limitations, and discrim- inations will continue to be made against her commercial interests and prosperity. Baltimore, from her natural advantages, no less than from her varied and extended commercial relations with the civilized world, will become the great importing agent for the entir Page 158 158 CORRESPONDENCE, ETC. South, whilst her facilities for and her great proficiency in the art of ship btiilding will make her the carrier of our immense productions of rice, grain, cotton, and sugar. I cannot attempt in this place to point out fully all the material advantages to be gained by your State by a cordial co-operation with the seceding States, nor do I think it proper or becoming in me, as the representative of Georgia, to urge your action upon such sordid and selfish considerations. Georgia knows and feels the great embarrassments which surround the State of Maryland, and which render her position a critical and, it may be, a dangerous one. Still, she feels that the descendants of Chase, of Carroll, and of Hanson and Mdllenry can never be long deterred from proper action by a consultation with their fears. Georgia is fully informed of the ample preparations made by the Federal Government to enforce from Maryland, even at the point of the bayoytet, if need be, obedience to her will. She regrets that the seeming doubtful policy of your State and her hesitation in taking a prompt and decided position with her Southern sisters in demanding redress of her grievances has entailed upon her people the armed occupation by the Federal troops of the fortresses within her borders which were designed and constructed for her safety and defense. We are sensible that your position now is far worse flian it was a few weeks past; that the Federal Government, anticipating your probable action in defense of your liberties, has, with a view to crush in its incipiency any feeling of resistance to her foul domination, placed cords about you that will be difficult to sever. Yet the danger of your position only increases our solicitude for your future action. While Georgia would not desire, much less advise, your State to inaugurate any movement which should unnecessarily increase your difficulties and dangers, she is nevertheless anxious that you should be permitted to act entirely free from Federal influence and Fed- eral arms. To this end she authorizes me to declare to you, and through you to the people of your noble State, that to the full extent of her abil- ~ity she is determined to assist and support you in any action which your State may decide to adopt for the preservation of your rights and liberties. Your cause Georgia makes her cause, your quarrels her quarrels, and your dangers her dangers. The report of the first Federal gun fired upon your soil, as it falls upon the ears of our hardy sons, will call to your side, from their forest homes upon moun- tain top and lowland, a body of freemen whose valor and prowess will make them no mean match for Federal.mercenaries. The State of Georgia has taken her position after a full and care- ful consideration of all her grievances and difficulties, and with a full knowledge of the many embarrassments to be encountered in her new character; yet she is determined to take no step backward. Having dissolved the ties which bound her to the Federal Union, she casts no longing eyes toward the past. There is now no more hankering after the fieshpots of Egypt among her people. Having for years past intercedednay, imploredour Northern confederates for simple justice; never having at any period of our history ever asked for special privileges for our section; having plainly and fairly informed the Northern States of our determination to resist, even to a disrup- tion of the Union, all other and further encroachments upon our rights, we feel that we shall be fully justified by the enlightened public sentiment of the civilized world in the action we have taken Page 159 CONFEDERATE AUTHORITIES. 159 We have determined to listen to no more compromises with the Northern States. They have proved faithless in all their pledges heretofore given, and we can have no assurance from such a people that they would carry out any offer or settlement which may through their fears be now extorted from them. Georgia warns Maryland against any patched-up adjustment of existing difficulties. While Maryland would feel bound in honor to abide such adjustment in good faith if made, her Northern confederates would, upon the first occasion which promised advantage to their cupidity, entirely disre- gard and violate their compact. Eveu if the slavery question were now settled to the entire satis- faction of her people, Georgia would be unwilling again to confeder- ate with a people whose views of the power of the Federal Govern- ment are so entirely different from her own. While a member of the late confederacy, she did not yield her sovereignty as a free and independent State except so far as was granted by the express letter of the Constitution. The power of the Federal Government, she has always contended, was restricted, limited, and confined within the letter of that instru- ment. In the opinion of our people, the framers of the Constitution rested its support and power upon the consent of the people of the different confederated States, and never contemplated the employment of force against a sovereign State to coerce its submission to or con- tinuance in a confederation deemed by its people oppressive and tyrannical. Our fathers had but too recently felt the necessity which forced a loyal and true people to throw off a government which proudly claimed to be the only power on the globe whose citizens were secured in the enjoyment of constitutional liberty. With the experi- ence of the then recent past the statesmen of 178889 looked with far-seeing sagacity to the possibility of the loss of their liberties so dearly won, unless the new government about to be adopted for their protection should be so limited ami confined in its powers and so arranged in its details as to receive its entire force, efficacy, and power from the enlightened public sentiment of the country; the full, free, and cordial assent of the governed. This has always been the view entertained at the South in regard to the powers of the Federal Government. Indeed, one of the New England States, one which now denies the sovereignty of the several States, and is urging the Gov- ernment at Washington to use the power of the Army and Navy to reduce to subjection the seceding Southern States, on no less than two occasions in its past history has claimed for itself the right to judge of the infractions of the Federal Constitution, and, to assert its right and duty to dissolve all further connection with the Federal Union. The doctrine of State rights and State sovereignty, as enunciated and declared in the Virginia-Kentucky resolutions of 79, we have held to be the chief safeguards of the liberties of the American people. For the first time in our national history this doctrine has been ignored and denied by a commanding majority of the States of the Union. Our safety requires that we should look now alone to our own efforts and resources for the protection of our liberties and property so emphatically denied to us by our Northern associates. Maryland, in the opinion of Georgia, cannot with safety to her cit- izens continue longer in confederation with the States of the North. And while we would not attempt to advise a people of such known intelligence and patriotism as to their duty in this trying emergency Page 160 160 CORRESPONDENCE, ETC. the fraternal regard we have ever borne toward your State, and the deep solicitude which as brethren sprang from the same ancestry, with institutions so identical and interests so reciprocal, impels us to give you our solemn warning of the dangers which surround you, and which threaten, in our honest judgment, to destroy your domes- tic institutions and impede the prosperity and wealth of your noble State. Having with the kindest feelings and purest motives done this, w~ are content to leave the issue to the good sense and patriotism of your people. Very respectfully, your obedient servant, A. R. WRIGHT, Commissioner from Georgra. OGLETHORPE, GA., March 13, 1861. Hon. GEORGE W. CRAWFORD, President of the Convention, Georgia: DEAR SIR: Having been honored by the convention of the people of Georgia with the appointment of commissioner to North Carolina, to lay before the convention or Legislature of that State, if either should be in session, and if not, before the Governor, the ordinance by which Georgia seceded from the late Government of the United States, and to invite the co-operation of North Carolina, with her and other States that had seceded or might secede, in the formation of a Southern confederacy, I took my departure early in February last and reached Raleigh on the 11th of that month. On that day I waited upon His Excellency John W. Ellis, the Governor of the State, and made known to him my appointment and the purpose of my mission. He received me with cordiality and entered into the pur- poses of this State with a cheerfulness and spirit which convinced me that the people of his State still held us in high regard and cherished for us sincere respect and esteem. The Legislature being in session, His Excellency promptly communicated to them my commission, with the accompanying ordinance of secession. In response to this com- munication the General Assembly, by a vote of both houses,appointed a joint committee to wait upon me to tender the privilege of the floor and invite me to address that honorable body upon the subject of my mission. Every hospitality was offered and every attention was paid to your commissioner. Individually I appropriated none of this to myself, but received it as a mark of respect to my State. Jlaving accepted the invitation extended to me ~o address the Gen- eral Assembly, I was on Wednesday evening, the 13th of February, introduced to them by the chairman of their joint committee. Encouraged by the assurance given me in this introduction that the Legislature and people of North Carolina admitted and knew that the wrongs of which we complained were their wrongs; that the cause for which we were battling and preparing, if need be, to sacrifice our lives, was their cause;~ that they recognized us as their kindred and would never turn a deaf ear to the voice that came up from us, I proceeded to deliver an address setting forth the causes which led to our separation, justifying, according to the meas- ure of my feeble ability, the mode and measure of redress we had adopted, and vindicating the right of secession as regular, lawful, and constitutional; holding that it should be therefore regarded as peaceable. Assuring North Carolina of the cordiality with which sh Page 161 CONFEDERATE AUTHORITIES. 161 would be welcomed to the embrace of her ancient confederate and ally, I endeavdred to persuade her that she would find her true inter- est, prosperity, and honor in uniting her destiny with the Confed- erate States of America. That the affection of the members of her Legislature and the large audience of her sons and daughters that honored me with their presence is still warm and strong for their former sisters, whose safety and honor required them to resume the powers delegated to a Government which has failed to secure the one or regard the other, I had still more flattering and encouraging proof in the indignant and universal negative response made to the ques- tion propounded, whether they would see Federal troops march from or through their State to coerce and attempt to subject their Southern brethren. In response to this address I was charged by the General Assembly, through their accredited organ, the Hon. Henry T. Clark, speaker of the Senate, to bear this message to the people of Georgia: After giving this momentous question our best and most anxious deliberation, we have referred it to the sovereign people in convention assembled. Their judg- ment and decision will form the guide of our faith and the rule of our conduct, and to that tribunal alone can we look for any authorized response to the friendly counsels and suggestions of our fellow-suffering sister State. But without refer- ence to the amount of our sympathy or the extent of our co-operation with her in her present struggle, we will at least assure her that no hostile foot shall ever march from or through our borders to assail her or hers. I take the liberty of transmitting, through you, to the convention a copy of the remarks I had the honor to submit on the occasion. * What seemed to me the greatest obstacle to the immediate co-oper- ation of North Carolina with the Confederate States was the belief entertained by the larger number of her citizens that the Peace Con- ference (so called), then in session at Washington City, would grant the demands for new guaranties in the Constitution made by Virginia and North Carolina; that their recommendation would be sanctioned by the Congress of the United States and adopted by the requisite majority of the States remaining in the old confederacy to make it a part of the Constitution, and that upon this basis an entire recon- struction of the Union would be effected. In combating this view I ventured the opinion that, so far as the action of the Peace Conference and Congress was concerned, this confidence would be disappointed; but even if it was fully met and sustained it would not be acceptable to the States that had seceded; that they had no objection to the old Constitution, which, when prop- erly interpreted and fairly carried out, was adequate to secure all the objects for which it was formed; that there could b~e no more solemn or binding covenants than those contained in that instrument. The fault was not in the law, but in its execution. We could not expect the Northern people to observe new compacts better than they had observed the old; that they would have to be re-educated; their morals would have to be reformed and their very natures changed before we could again give them our confidence. That so far as we were concerned the separation was final and irrevocable, and the people of North Carolina were therefore reduced to the necessity of choosing between an alliance with the North or with the Confederate States of America. I was fully justified in my statement as to the dis- position of our people to reconstruct by the declaration made by the * Omitted. 11 R RSERIES Iv, VOL Page 162 162 CORRESPONDENCE, ETC. able commissioner sent by the Legislature of North Carolina to the Southern Congress at Montgomery, who reported, from ample means of information, contemporaneously with my arrival at Raleigh, that the persons in the Confederate States in favor of such a measure constituted an exceedingly meager minority. That I was right as to the action of Congress and the Peace Conference subsequent events have fully established. I have delayed this communication that I might lay before the con- vention the result of the election which took place in North Carolina on the 28th ultimo. The question submitted to the people by the act of the Legislature was whether they would call a convention. Those voting for a con- vention were generally understood to be in favor of separate State action as a step preparatory to co-operation with their Southern sis- ters. The short time that elapsed between the passage of the act and the election precluded the possibility of anything like a thorough canvass of the State; in fact, it is only within the last ninety days that the subject began to be agitated in public meetings. The friends of separate State action were then few, but now they number nearly ~0,000. Their defeat in the recent election by a popular majority of less than 1,000 gives us no reason to feel discouraged. The election occurred on the day after the Peace Conference ad- journed; and I am informed from sources entitled to the highest credit that the result was brought by dispatches sent to the central and western portions of the State announcing that the conference had agreed upon a satisfactory adjustment, which would certainly be adopted by Congress. If such means were resorted to we can only calculate with greater certainty upon the reaction which will occur in popular sentiment; indeed, it is now said that the reaction has already taken place, and that the advocates of separate State action and an alliance with the South have a decided majority of the suffrages of the State. A delegate to that conference, who prior to its meeting was an ardent friend of the Union, has since his return stated to his constituents that their propositions for amendments to the Constitu- tion were five distinct times voted down by large majorities, and that in lieu thereof (as is apparent to every one at all acquainted with the scheme proposed) they were thereby prohibited from exercising the right they now have of going into the Territories north of 36 degrees 30 minutes north latitude with their slaves, while their right to emigrate with that species of property to the Territories south of that line will depend upon the interpretation placed upon the common law by judges deadly hostile to their interests. Insult is added to this certain exclusion by demanding the recognition by the Southern States remaining in the old confederacy of free blacks as citizens of the Northern States which they inhabit and by extending to them all the rights and privileges of citizens of the several States. This plan has rendered the fugitive-slave law (already an insufficient protection to the rights of the South) worse than a dead letter by guaranteeing payment to the owner of the slave out of the Federal Treasury when- ever such a fugitive is withheld from the custody of his master by the action of a Northern mob or Northern State laws and tribunals, thus holding out a direct inducement to the Abolitionists to free the slaves of those people and to compel them to use their own means, at least in part, and in great part, too, to compensate themselves for their losses. This scheme was voted against by North Carolina, Virginia, and Missouri in the conference, and the delegate above alluded to ha Page 163 CONFEDERATE AUTHORiTIES. 163 advised his constituents that their only safety is in a union with their Southern sisters. I believe from all that I can learn that a very large majority of them are agreed with him as to the character of this concession, and that they only await an opportunity to give effect to his sound and patriotic advice. Delay in this respect must result in material injury to the State in the loss of its slave-holding popula- tion, with the property held by it, which will seek safety by emi- grating to aud settling in the Southern Confederate States. Under these circumstances I cannot doubt that an opportunity will be afforded at an early day to the people to vote again on the subject; and when the vote is taken I have still less doubt of what will be the popular verdict. I therefore confidently anticipate in a very short time the co-operation desired and invited by Georgia, and that we shall have the happiness of welcoming, with open arms and joyful hearts, our honored and loved sister to our new and better union. I have the honor to subscribe myself, very respectfully, your obe- dient servant, SAMUEL HALL. [MARCH 13, 1861.For Moore to Walker, in relation to organiza- tion of troops in Louisiana, see Series I, Vol. LIII, p. 636.] [MARCH 13, 29, and APRIL 5, 12, 13, 1861.For correspondence between Walker and Duncan, in relation to a regiment of Kentuck- ians, see Series I, Vol. LII, Part II, pp. 26, 31, 35, 43, 46.] AN ACT amendatory of an act for the organization of the staff departments of the Army and an act for the establishment and organization of the Army of the Confederate States of America. The Congress of the Confederate States of America do enact, That the Adjutant and Inspector Generals Department shall consist of two assistant adjutants-general with the rank of lieutenant-colonel, two assistant adjutants-general with the rank of major, and four assistant adjutants-general with the rank of captain. SEC. 2. Be it further enacted, That there shall be added one briga- dier-general to those heretofore authorized by law, and that any one of the brigadier-generals of the Army of the Confederate States may be assigned to the duty of Adjutant and Inspector General at the discre- tion of the President. SEC. 3. Be it further enacted, That the Quartermaster-Generals Department shall consist of one Quartermaster-General with the rank of colonel, one assistant quartermaster-general with the rank of lieu- tenant-colonel, four assistant quartermasters with the rank of major, and such other officers in that department as are already provided by law. SEC. 4. Be it further enacted, That the Commissary-Generals Department shall consist of one Commissary-General with the rank of colonel, one commissary with the rank of lieutenant-colonel, one commissary with the rank of major, and three commissaries with the rank of captain, and as many assistant commissaries as may from time to time be required by the service may b~ detailed by the Wa Page 164 164 CORRESPONDENCE, ETC. Department from the subalterns of the line who, in addition to their pay in the line, shall receive ~2O per month while engaged in that service. SEC. 5. Be it further enacted, That in all cases of officers who have resigned, or who may within six months tender their resignations from the Army of the United States, and who have been or may be appointed to original vacancies in the Army of the Confederate States, the com- missions issued shall bear one and the same date, so that the relative rank of officers of each grade shall be determined by their former com- missions in the U. S. Army, held anterior to the secession of these Confederate States from the United States. SEC. 6. Be it furt her enacted, That every officer, non-commissioned officer, musician, and private shall take and subscribe the following oath or affirmation, to wit: I, A B, do solemnly swear or affirm (as the case may be) that while I continue in the service I will bear true faith and yield obedience to the Confederate States of America, and that I will serve them honestly and faithfully against their enemies, and that I will observe and obey the orders of the President of the Confederate States and the orders of the officers appointed over me, according to the Rules and Articles of War. SEC. 7. Be it further enacted, That all laws and parts of laws mili- tating against this act be, and the same are hereby, repealed. Approved March 14, 1861. A RESOLUTION accepting certain funds tendered to the Confederate States by the State of Louisiana. Whereas, the convention of the State of Louisiana has adopted an ordinance as follows, to wit: AN ORDINANCE to transfer certain funds to the Government of the Confederate States of America. SEcTIoN 1. It is hereby ordained, That the sum of $389,267.46, now in the hands of A. J. Guirot, State depositary, and known as the bullion fund, be transferred to the Government of the Confederate States of America, and that said depositary be, and he is hereby, authorized and instructed to pay said sum upon the order of the Secretary of the Treasury of said Confederate States. SEC. 2. It is further ordained, That the sum of $147,519.66, being the balance received by said State depositary from the customs since the 31st day of January last, be transferred to said Government and paid by said depositary upon the order of said Secretary of the Treasury of the Confederate States. Be it therefore resolved by the (Jongress. of the Clonfederate States of America, That the Congress accepts, with a high sense of the patri- otic liberality of the State of Louisiana, the funds so generously ten- dered to the Treasury of the Confederate States and proffered in the ordinance aforesaid. Approved March 14, 1861. BATON ROUGE, March 14, 1861. L. P. WALKER, Secretary of War: Your letter of 9th received. Will be attended to. Do you expect one or three years volunteers? Public order will be obliged to be issued. Answer. T. 0. MOORE Page 165 CONFEDERATE AUTHORITIES. 165 MONTGOMERY, March 14, 1861. Governor THOMAS 0. MOORE, Baton Rouge, La.: Either twelve-months or three-years, as they may have enlisted. L. P. WALKER. NATIONAL HOTEL, Washington, March 14, 1861. Hon. L. P. WALKER: DEAR SIR: Your telegram abont a disbnrsing clerk duly received and attended to without delay. * I have not yet been able to find one who is properly recommended. Major Belger, of the Quartermasters Department, in the War Office, is in search of what is wanted, and believes he can succeed in a day or two. We are feeling our way here cautiously. We are playing a game in which time is our best advo- cate, and if our Government could afford the time I feel confident of winning. There is a terrific fight in the Cabinet. Our policy is to encourage the peace element in the fight, and at least blow up the Cabinet on the question. The outside pressure in favor of peace grows stronger every hour. Lincoln inclines to peace, and I have now no doubt that General Scott is Sewards anxious and laborious coad- jutor in the same direction. If Seward were not a coward, and would have had an unofficial conference with us, we could have strengthened his hands. His refusal forced us to precipitate the official bombshell into the Cabinet before he was ready for it. He has already had to beg for time. I repeat that I feel the strongest conviction that if time would allow we could make our mission a success. Seward wanted time as much as we did, but his lack of nerve has lost it to him and to us. Never was administration in such a dilemma. The only question is with them which of its t~o horns had it better be impaled over. Since the 4th of March two of the Republican illu- sions have explodedfirst, that it was very easy .to re-enforce the forts, and second, that they could collect the revenue on floating cus- tom-houses at sea. The great danger is that from ignorance of the true state of things in the South they may blunder us into a war when they really do not mean it. I think the great problem with the Administration is how to get out of a fight without blowing up the Republican party. They believe, and we encourage the pleasant thought, that in case of war their precious persons would not be safe in Washington. With prudence, wisdom, and firmness we have the rascals on the hip. Very truly, yours, J. FORSYTH. [MARCH 16, 1861.For resolutions of the Confederate Congress in reference to forts, dock-yards, reservations, and property ceded to the Confederate States, see Series I, Vol. LIII, p. 133.] WAR DEPARTMENT, Montgomery, March 15, 1861. Brig. Gen. ROBERT E. LEE: SIR: You are hereby informed that the President, by and with the advice of Congress, has appointed you a brigadier-general in the *See March 5, p. 125 Page 166 166 CORRESPONDENCE, ETC. Army of the Confederate States. You are requested to signify your acceptance or non-acceptance of said appointment, and should you accept you will sign before a magistrate the oath of office herewith and forward the same, with your letter of acceptance, to this Department. L. P. WALKER, Secretary of War. (Same to Brig. Gen. Joseph E. Johnston.) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 15, 1861. His Excellency JOSEPH E. BROWN, Savannah, Ga.: SIR: Your communication of the 12th instant has been received. The requisition for 2,000 troops was intended for the provisional forces of the Confederate States. I beg to quote the third and fourth sections of the act of Congress to raise provisional forces, a copy of which I had the honor to inclose to you some days ago: SEc. 3. Be it further enacted, That the President be authorized to receive into the service of this Government such forces now in the service of said States as may be tendered, or who may volunteer, by consent of their States, in such num- bers as he may require, for any time not less than twelve months, unless sooner discharged. SEc. 4. Be it further enacted, That such forces may be received, with their officers, by companies, battalions, or regiments, and when so received shall form a part of the Provisional Army of the Confederate States, according to the terms of their enlistment; and the President shall appoint, by and with the advice and consent of Congress, such general officer or officers for said forces as may be necessary for the service. The proper interpretation of this act, it occurs to me, is that, what- ever forces you now have organized in companies, battalions, or regiments, to the number of 2,000, will come into the Provisional Army as organized under your State regulations and commanded by their own officers. These forces, however, when mustered into the service of the Confederate States, without changing their organiza- tions as companies, battalions, or regiments, or losing their officers, would be under the command of such general officer of the Confed- erate Government as the President might assign to that duty. So far, then, as your regiments are completed, there is no difficulty in your transferring them to this Government in whatever form of organization you may determine upon, but to receive Qfficers.~vithout men would not be, in my view, within the scope of the law. My letter of the 9th informed you that the Government needed 5,000 troops at Pensacola with as little delay as practicable, and I expressed the hope that your State would furnish 1,000 of that number. If the officers of your State now appointed, but without commands, are to enlist their men for three years, which period I understand is the basis of your mili- tary organization, it is probable the number required would not be contributed within the time it is supposed we may need them. Under these circumstances I respectfully suggest that you might raise with- out delay a volunteer force for twelve months amply sufficient to make up the deficiency, and that the officers appointed by you might undertake to do this. I do not well see how otherwise the embarrass- ments you suggest, with the attendant delay, could be obviated. Yo Page 167 CONFEDERATE AUTHORITIES. 167 will, I feel assured, do tliis Department the justice to believe that it has every disposition, as far as possible, to accommodate itself to the rather peculiar condition of things in your State, but you will see at once that it has no power to receive into the service of the Government less than an organized company. This, of course, excludes officers without command. I have the honor to be, very respectfully, your obedient servant, L. P. WALKER, Secretary of War. FRIDAY, March 15, 18f31.* The convention met in secret session, Mr. Hull in the chair, when the following communication from His Excellency Governor Brown was taken up, read, and on motion of Mr. Glenn, of Fulton, referred to the Committee on Military Affairs, to wit: SAVANNAH, March 15, 1861. To THE CoNvENTIoN: While in session at Milledgeville an ordinance was passed by the convention which made it my duty to raise two regiments of regular troops in Georgia, which regiments were expected to be turned over to the General Government of the seceding States when formed and to become a part of the Regular Army of the Confederacy. The ordinance made it my duty, as far as practicable, to officer the regiments with Georgians who were lately officers in the U. S. Army and who had or might resigu with the patriotic purpose of entering the service of this State. I was also directed to preserve the relative rank of all such officers. In obedience to the commands of the convention I proceeded as fast as possible with the organization of the regiments. In the selection of officers I not only appointed every officer of the U. S. Army from Georgia who had at the time resigued, but I appointed every one on the active-list in the Army and Navy from Georgia. Some were in Oregon or Washington Territory, some on the coast of Africa, and one probably in India. These had not resigued, but I felt it my duty to reserve a place for each of them till he could be heard from. I preserved the relative rank of each by appointing no one of a lower grade over any one of a higher grade, and I advanced each as far as it was in my power to do. The whole number, however, was not sufficient to officer the two regiments. I was obliged, therefore, to ifil part of the places with gentlemen from civil life. This I did by the appointment of such gentlemen as were, in my judgment, best qualified for the discharge of the duties of the respective positions assigned them. I may be here excused for remarking that my conduct has been criticised and censured by some one because I appointed certain gentlemen from civil life to higher positions than I give some of the officers of the Army. It is true that I have appointed gentiemen who were not officers in the U. S. Army to higher positions than I have given to some who were officers in the Army. Had I pursued a different course, and appointed no one from civil life till I had given each army officer a place, I must have excluded gentlemen of anything like high position, who had age and experience, from any place in the regiments, as they could not have accepted posi- tions below the lowest grades of army officers. As an instance, I apppointed General Charles J. Williams, of Muscogee, who served with distinction in the war with Mexico, is the present speaker of the House of Representatives of the State, and a brigadier-general, to the position of lieutenant-colonel of the First Regiment, and Col. E. W. Chastain, a member of this convention, who has been a Representative in the Congress of the late United States from this State, and who commanded a regiment in the Florida war, as lieutenant-colonel of the Sec- ond Regiment. I certainly could not, with any degree of propriety, have ten- dered either of these gentlemen a p lace below a young gentleman recently grad- uated at West Point, who occupied the position of a second lieutenant onlyin the U. S. Army. I might mention other instances when such an appointment would have been equally improper. Had I refused to appoint any gentleman of position similar to those above mentioned and given all the first places to arm y officers * From Journal of the Georgia Convention Page 168 168 CORRESPONDENCE, ETC. must have filled all the remaining places with young gentlemen from civil life who had but little experience. The result would have been that the army officers and the young gentlemen appointed from civil life would have been alike in a great measure, strangers to our people, and could not probably have enlisted the regiments in two years. Indeed, I may say that nearly all the recruits obtained thus far have been enlisted by officers appointed from civil life. Most of the recruits have enlisted because they knew those gentlemen, had confidence in them, and were willing to serve under them. They would not have enlisted under army officers or strangers. Between 400 and 500 recruits have already been obtained and others are coming in daily. Justice to them requires that they be permitted to go under those on the faith of whose command they enlisted or that they be discharged. It has frequently been remarked that the appoint- ments made by me would not be recognized by the President. I have organized the regiments and made the appointments under the direction of the convention of the people of this State, and must submit the question back to the authority under which I have acted for instruction in the premises in case the action of the authorities in this State is not recognized. I am informed by a member of the convention who had an interview with the President that the regiments will be received for the three years for which they enlisted, but that the officers will not be accepted as permanent officers of the Army of the Confederate States. It is for the convention to say upon what terms they will consent to have these reg- iments and their officers received. I have tendered them to the Secretary of War, and am prepared to follow any instructions which the representatives of the people under whose authority I have acted may think proper to give. It will be borne in mind by members of the convention that the Legislature at its last session authorized the Governor to accept the services of 10,000 volunteers. The Government of the Confederate States has assumed control of all military oper- ations which are to be conducted against foreign powers within the limits of any of the Confederate States. The State has reserved to itself, however, the right to repel invasion and to use military force in case of invasion or imminent danger thereof. If we should be suddenly attacked by a large force the first law of nature might require that we meet and expel the invaders without delay. In such an event a thorough organization of the volunteer force of the State would be indispensable to prompt action. With a view to secure such organization I have appointed Col. Henry R. Jackson, of Chatham, major-general of the First Division of volunteer forces, and Paul J. Semmes, of Muscogee, and William Phillips, of Cobb, brigadier-generals. Col. William H. T. Walker late of the U. S. Army, who has rendered most distinguished service on so many battle-fields, has also been appointed major-general of the Second Division. The First Divis- ion will be organized as speedily as possible and the officers called together for the purpose of drill, after which they will be ordered to hold the troops under their command in readiness as minute men, to be called into active service should a sudden invasion or a call from the Government of the Confederate States ren- der it necessary. The companies will not, however, be taken into the pay of the State till they are required for active service. My sincere desire is to render to the Government of the Confederate States all the assistance in my power in the prosecution of the noble work in which the representatives of a free and inde- pendent people are engaged. We must remember, however, that the Govern- ment has but recently been formed and that time is necessary to the full development of its resources and the manifestation of its power. In the mean- time the State authorities should be actively engaged in preparation for self- defense, and should leave nothing undone whichis necdssary to advance the common cause in which we are all so vitally interested. I shall, to the extent of my ability, cheerfully and promptly carry into effect all instructions which the convention may think proper to give upon this and other subjects. I would enter more into detail in regard to our military preparations, but do not think that the public interest could at present be promoted by a public disclosure of plans and operations, which to be successful must necessarily be private. I respectfully suggest that the convention authorize me, by the sale of State bonds or the use of treasury notes, or both, to raise and expend such sums of money, in addition to the appropriation made by the Legislature for military purposes, as the public exigencies may require. JOSEPH E. BROWN. Mr. Rice, from the committee of seven who had been appointed to examine into the condition of the defenses of the city of Savannah and its approaches, to inquire what additional defense, if any, wa Page 169 CONFEDERATE AUTHORITIES. 169 necessary, made the following report, which was taken up, read, and on motion of Mr. Bartow, referred to the Committee on Military Affairs, to wit: The committee appointed to examine into the condition of the defenses of the city of Savannah and its approaches, and to inquire what additional defenses, if any, may be necessary, having so far as in their power performed the duty assigned them, report as follows: Having examined into the condition of the defenses of the city of Savannah and its approaches, and having taken the opinions of persons skilled in such mat- ters as to the sufficiency of those defenses, your committee report that the defenses of the city of Savannah and its approaches, in their present condition, are entirely inadequate to its protection, and could not resist a strong hostile attack. This inadequacy of these defenses arises mainly from a want of cannon, and especially from the want of guns of large caliber and long range. We are assured by those skilled in the science of defensive operations that with a suffi- ciency of guns of the right kind the defenses could soon be rendered complete. The great difficulty has been, and continues to be, in procuring such guns as are needed for the defenses. We learn from His Excellency the Governor of the State that he had a contract with an iron company in Pittsburg, Pa., for a num- ber of such guns as are most needed, but that when the guns were made, such was the prejudice of the people of that city against the seceding States that the contractors declined delivering the guns and abandoned the contract. This delayed the obtaining the needed supply of guns. The Governor informs your committee that he is now procuring a supply of such guns as are most needed from iron-works in the State of Virginia as fast as the same can be manufactured and forwarded. The Government of the Confederacy having given notice to the States of the Confederacy that it will take charge of all forts, arsenals, & c., and of all military operations, it might seem to be the duty of that Government to provide for the defense of Savannah and of all exposed points of our State. When, however, we recollect that the Government of the Confederacy is as yet only a provisional government, that it has just been organized, and is as yet with- out money or the means of providing for the common defense of all the States, except as the money is furnished to it by the States, and that the State of Georgia must, therefore, from the necessity of the case, furnish the money to provide for her own defense, your committee think that the surest and best way of doing so will be for the State to continue to purchase all the guns that may be needed for the defense of the State. These guns will then be the property of the state, and if at any time hereafter it should be deemed advisable that the same should be turned over to the Government of the Confederacy, after a permanent govern- ment is formed, and that the Government can receive and account for the guns on such terms as may be agreed on between this State and the Confederate Gov- ernment, your committee would therefore recommend the passage of an ordinance authorizing and instructing the Governor of this State to continue to purchase, as fast as the same can be procured, all such guns as are or may be necessary for the defense of Savannah and its approaches, as well as for the defense of any other points on our sea-board where the same may be needed. It is of the first importance that we make sure the defense of our own State. Such moneys, therefore, as are intended for that purpose had best be applied directly to that purpose by our State. In connection with the foregoing, your committee further state that the present want of cannon for our defenses, and the ~,ifficulty of pro- curing them, led your committee into the consideration ~of the propriety of the adoption by the State of some measure by which an early and sure supply of arms may be obtained by the State. At present the State is, as above mentioned, pro- curing cannon from iron-works in the State of Virginia. The present indications are that Virginia will at least for some time remain in the United States. If hos- tilities should occur between the United States and this Confederacy, the owner of those works in Virginia could not continue to furnish us with guns without a violation of the laws of the United States. There would, therefore, be great danger, in case war should occur between the United States and this Confederacy, that our supply of guns would be cut off at the very time when we might need them most. We could not then supply ourselves from Europe, because guns would then become contraband articles. It is therefore a matter of the greatest importance that we adopt measures to secure a supply of large guns (and the same may be said of all munitions of war) by having the same manufactured in our own State. To accomplish this object, good policy as well as economy dictates the importance of our encouraging any person or persons who may b Page 170 170 CORRESPONDENCE, ETC. disposed to do so to erect works for the manufacture of cannon, & c. The erec- lion of such works would require capital, and men of capital will hesitate about embarking their capital in what would be in this State a new business, unless in some way secured against the probability of loss. For these reasons, and many others which we could urge, your committee recommend that encouragement be given to the erection of works in this State for the manufacture of cannon by the offer of .a bonus to any persoii or company who shall at the earliest day erect works in this State for the manufacture and casting of cannon, and who shall agree to furnish the State at reasonable prices such number of columbiads and other cannon as the State may require. We recommend that the bonus be offered for the casting of columbiads, because that is the gun most needed for our defenses. We feel assured that if the payment of such a bonus secure the State a supply of such guns as the State needs it will be money well spent. We therefore recommend the passage of the ordinance herewith submitted: AN ORDINANCE to encourage the manufacture of cannon in this State. Be it ordained by the people of the State of Georgia by their delegates in conven- vention assembled, and it is hereby ordained, That the Governor of this State be, and he is hereby, authorized to offer a bonus not exceeding $10,000 to any person or company who shall erect a foundry in this State for the casting of cannon, and who shall at the earliest day manufacture a 10-inch columbiad, and shall agree to furnish thereafter the State, at reasonable prices, as many such guns an~ other large guns as shall be required by the State, at the rate of three guns per week, or such other number as may be agreed on, provided that said gun and guns shall be subject to inspection by a competent officer appointed by the Governor for that purpose. * * * * * * * SAVANNAH, March 15, 1861. Hon. GEORGE W. CRAWFORD, President of the Convention of Georgia: SIR: Concerning my mission as a commissioner from the State of Georgia in convention assembled to the State of Louisana in conven- tion assembled, I have the honor to report that starting on my mission from Milledgeville the morning after my election as commissioner, and traveling the most speedy and practicable route to Baton Rouge, the capital of the State of Louisiana, I arrived in the city of New Orleans on the 29th of January, 1861. There I learned that the convention of the State of Lonisiana, which assembled in Baton Rouge on the 23d of January, after a session of four days, had adopted an ordinance to dissolve the union between the State of Louisiana and the other States united with her under a compact entitled The Constitution of the United States, and adjourned from that place to reassemble on the 29th day of that month in the city of New Orleans. On that day the convention resumed its sessions in that city, and I had an interview with a committee of that body appointed to receive commissioners from other States, at which it was arranged that I should be introduced and make known the objects of my mission to the convention on the following day. Accordingly the committee the next day personally introduced me to the convention, and I am pleased to declare that I was received with great cordiality and with the respect and consideration due to the State which I had the honor to represent. After an interchange of salutations the president of the convention very respectfully invited me to address that body upon the objects of my mission. That duty I performed by exhibiting my commission, which accredited me as a commissioner from this to that convention, an Page 171 COI~1FEDERATE AUTHORITIES. 171 laying before tliat the ordinance of secession adopted by this con- vention. I then briefly stated what this convention had done; defined the position which the State of Georgia had assumed as an independ- ent sovereignty in the family of nations; invited the State of Louisiana to co-operate with her, and all the seceding States to form a Southern confederacy upon the principles of the Constitution of the United States, and presented such reasons to the consideration of the con- vention as appeared to me pertinent and persuasive to that end. The address was respectfully listened to and was received appar- ently favorably by the convention. The president of the convention, the day after my reception, handed me duly certified copies of An ordinance to dissolve the union between the State of Louisiana and other States,* & c., of An ordi- nance to provide for the appointment of delegates to form a Southern confederacy, & c., and of A resolution in reference to the naviga- tion of the Mississippi River,t with a request that I should present them to this convention as evidence of the disposition and intention of the State of Louisiana to co-operate with Georgia and the other seceding States in the formation of a Southern confederacy. Those documents I have the honor now to present herewith to this convention. It is my duty, and with pleasure I discharge it, to declare to this convention that I found the convention of the State of Louisiana in perfect accord in feeling and sentiment with the State of Georgia as to the objects of my mission, and that I was received and treated with the kindest and most respectful consideration by the enlightened and patriotic convention of that noble and chivalrous State. In conclusion I tender to this convention my sincere thanks for the honor which it has conferred upon me, and express the hope that the manner in which I have discharged the delicate and responsible trust confided in me will meet the approbation of this honorable convention. All of which is respectfully submitted by your obliged fellow- citizen, WM. J. VASON. BATON ROuGE, March 15, 1861. L. P. WALKER: The number for forts below the city will soon be completed. Have issued orders for 1,000 twelve-months men for Confederate Army. Ready to transfer arms and munitions. Send agent to receive. Arrangements should be made for pay of transportation of troops. THO. 0. MOORE. MoNTGOMERY, March 15, 1861. Governor T. 0. MOORE, Baton Rouge, La.: Will send agent to receive arms, & c. Have no quartermaster at command. Will you arrange for the transportation? It shall be refunded. L. P. WALKER, Secretary of War. * See January 26, p. 80. t See Series I, Vol. LIII, p. 617 Page 172 172 CORRESPONDENCE, ETC. BATON ROUGE, March 15, 1861. L. P. WALKER: Should not the troops called for from Louisiana be mustered into the service of the Confederate States at New Orleans? Shall the State of Louisiana or the Confederate States furnish transportation to Pensacola? Are the officers now in command of Louisiana troops recognized by the Confederate Government? The withdrawal of Captain Oladowski leaves us without an ordnance officer. Please order him back. Answer by telegraph. THO. 0. MOORE. EXECUTIVE OFFICE, Baton Rouge, La., March 15, 1861. L. P. WALKER, Secretary of War, Montgomery, Ala.: SIR: I have issued the necessary orders in compliance with your communication directed to me, dated March 9, 1861. I would respect- fully suggest that the troops called for from the State of Louisiana should be mustered into the Confederate States at New Orleans. Shall transportation to Pensacola be furnished by the Confederate Government, or is it expected the State of Louisiana shall do so? I would respectfully recommend that the regular force of two regiments now mustered and being mustered into the service of the State of Louisiana be adopted by the Confederate Government and the officers thus far appointed duly commissioned or others appointed to said regiment. It is important, for the good of the service and especially with a view to the defense of the Mississippi and the approaches to the city of New Orleans, that an officer with the proper rank should without delay be placed~ in command of the Military Department of Louisiana. In the meantime I shall use all measures at my command to place the armaments of Forts Jackson and Saint Philip on a proper footing both as regards guns and garrisons. The transfer of Captain Oladowski to Pensacola leaves the State and the important arsenal of Baton Rouge without an ordnance officer. Such an officer and artificers to prepare fixed ammunition are imperatively needed. I have the honor to transmit to His Excellency the President of the Confederate States a copy of the act authorizing the transfer of the regular forces of this State. I would ask that Captain Oladowski be ordered back to the ordnance department here, or that an efficient officer be sent in his place. I remain, very respectfully, your obedient servant, THO. 0. MOORE. Dispatch just received. Our State expects to be relieved of all expense for transportation, & c., from the time the troops are received by the Confederate States. [Inclo8ure.J AN ACT relative to the transfer of the regular military force of this State and the arms and munitions of war acquired from the United States to the Provis- ional Government of the Confederate States of America. SECTION 1. Be it enacted by the Senate and House of Representa- tives of the State of Louisiana in General Assembly convened, That the Governor be, and is hereby, authorized to transfer and cause to be mustered into the service of the Provisional Government of the Con- federate States of -America the regular military force of this State, organized under an ordinance of the convention of the people of Louisiana passed on the 5th of February, in the year 1861 Page 173 CONFEDERATE AUTHORITIES. 173 SEc. 2. Be it further enacted, & c., That the Governor be, and is hereby, authorized to transfer to said Provisional Government all the arms and munitions of war acquired from the late United States, or so much thereof as he may think proper, the said Provisional Gov- ernment undertaking to settle for the same with the United States. SEC. 3. Be it further enacted, & c., That the Governor be, and is hereby, authorized to grant permission to the volunteer troops of this State to volunteer for services in the Provisional Army of the Con- federate States of America. SEC. 4. Be it further enacted, & c., That this act shall take effect from its passage. ~. II. MORRISON, Speaker of the House of Representatives. HENRY M. HYAMS, Vice-President and President of the Senate. Approved March 15, 1861. Tb. 0. MOORE, Governor. AN ACT making additional appropriations for the support of the Army for the year en~ng the 1st of March, 1862. The Congress of the Confederate States of America do enact, That the following sum be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, namely: For the purchase of ordnance and ordnance stores, $110,000. Approved March 16, 1861. AN ACT authorizing the President alone to make certain appointments. The Congress of the Confederate States of America do enact, That during the recess of this Congress the President shall have power to make appointments of such inferior officers as by the Constitution of this Provisional Government the Congress has authority to vest in him alone, anything in any law heretofore passed to the contrary notwithstanding. Approved March 16, 1861. AN ORDINANCE to adopt and ratify the Constitution of the Confederate States of America. Be it ordained by the people of Georgia in convention assembled, and it is hereby ordained by the authority of the same, That the Con- stitution adopted by the Congress at Montgomery, in the State of Alabama, on the eleventh day of March, in the year of our Lord one thousand eight hundred and sixty-one, for the permanent federal government~ of the Confederate States of America, be, and the same is hereby, adopted and ratified by the State of Georgia, acting in its sovereign and independent character. Passed March 16, 1861. GEO. W. CRAWFORD, President. Attest. A. R. LAMAR, Secretary Page 174 174 CORRESPONDENCE, ETC. MONTGOMERY, March 16, 1861. Governor THOMAS 0. MOORE, Baton Rouge, La.: Will send officer to muster troops in at New Orleans; also officer to receive property. Will get you to furnish transportation. As it is impossible to provide officers, the State officers now in command recog- nized until others appointed. Oladowski is now captain in Confed- erate Army, and much needed at Pensacola. If absolutely necessary, will spare him a day or two. L. P. WALKER. EXECUTIVE OFFICE, Jackson, Miss., March 16, 1861. Hon. L. P. WALKER: SIR: Yours of the 8th instant received. The organization of the Army of Mississippi is not yet complete. Thirty or forty companies have been mustered into service. The material of which our volun- teer army is composed I think will not enlist in the Regular Army of the Confederate States. A considerable number of men might be enlisted for the Regular Army if recruiting officers were sent here for that purpose. Whatever I may have power to do you may rely on being done to sustain the power and efficiency of the Confederate Government. Write me fully if you expect the companies from Mis- sissippi to become a part of the Regular Army. Respectfully, JOHN J. PETTUS. [MARCH 16 to 25 and APRIL 1, 1861.For correspondence between Wigfall, Beauregard, Walker, and Cooper in relation to recruiting in Baltimore, Md., see Series I, Vol. I, pp. 276, 278, 279, 281, 284.] EXECUTIVE DEPARTMENT, Milled geville, March 18, 1861. Hon. L. P. WALKER, Secretary of War: DEAR SIR: Your communication in reply to mine from Savannah is just received. I regret the embarrassments about the Georgia regiments, but I do not see how I can turn them over on terms differ- ent from those mentioned in my letter. The officers and recruits are now in the pay of the State, and the officers not necessary to the com- mand of the men are in the field, actively engaged securing other recruits for the purpose of filling up the regiments. If you should think proper to receive the regiments, you would have no further embarrassments about troops from this State. I have delayed my consent to have companies mustered into the service till the regiments are received. Captain Lees company forms an exception, as I was informed you desired it for a special service. I sincerely desire to give you as little embarrassment as possible. I must, however, insist that the regiments be received before the volunteers enter the service. I could furnish 250 recruits and 750 volunteers for Fort Pulaski an Page 175 CONFEDERATE AUTHORITIES. 175 as many more for Pensacola in a few days. The recrnits are fine, able-bodied men, and the regiments would soon be full if the officers remained for a time at their recruiting stations. In the event I order volunteers into the field I have not on hand at present a full supply of accouterments, tents, knapsacks, & c., for them. I am having them made as fast as possible. Will you expect that the State fur- nish all these things; and if so, will the War Department pay for them? We have on hand and on the way from New York quite a supply of blankets and some clothing for soldiers. We have also contracted for a considerable supply of bacon, & c. Will you take and account for these supplies? The baconabout 500,000 pounds has not yet been paid for. If you take it I prefer you pay the venders for it. Hoping that you will receive the regiments upon the terms men- tioned in my letter from Savannah, and that no future cause of misunderstanding may exist, I am, very respectfully, & c., JOSEPH E. BROWN. EXECUTIVE OFFICE, Baton Rouge, La., March 18, 1861. L. P. WALKER Secretary of War, Montgomery, Ala.: SIR: Your dispatch of the 16th instant just received, stating that you would have officers here to receive and muster the troops into the Confederate Army and take charge of the property to be transferred. We shall soon have the 700 three-years men mustered, and hope they will be kept at the forts below the city, as they are, I believe, becom- ing well acquainted in artillery exercise, which is essential. The 1,000 infantry required I hope will soon be raised for twelve months. That time was thought best, as enlistments could be more readily made than for a longer period. You will be advised as to the time neces- sary for the officers to receive them to be here. You will be expected to take charge of the troops and furnish transportation to their place of destination. Your obedient servant, THO. 0. MOORE. If you think it necessary I could raise another regiment for three years now, I believe, by taking a little more time, particularly if I should be permitted to select the officers, as by that means we enlist in the matter some very active men. Let me hear from you. Yours, & c., THO. 0. MOORE. BATON ROUGE, March 18, 1861. L. P. WALKER: Will you accept eight companies (800 men) of artillery? Our law authorizes the raising of that number. Are a colonel, major, surgeon, and three assistant surgeons accepted? Transportation must be fur- nished by the Confederate Government. THO. 0. MOORE Page 176 176 CORRESPONDENCE, ETC. JACKSON, March 18, 1861. Hon. L. P. WALKER: Is compliance with your requisition of the 9thnow out eight days on the wayyet wanted? Will transportation be provided from Mobile? JOHN J. PETTUS. CHARLESTON, March 18, 1861. Hon. L. P. WALKER Secretary of War: I understand that it has been written from Montgomery that no officer will be appointed unless personal application be made for the appointment. I snppose this surely cannot be so, for many delicate and sensitive gentlemen of the highest merit will not apply personally, and besides, many who are now appointed in the service of the State consider their honor committed to the State, and that it would not be right to apply personally for an office elsewhere unless they are sanc- tioned by the State authorities in so doing, but are anxious to go into the Confederate service by arrangements made through their consti- tuted authorities. Very respectfully, your obedient servant, F. W. PICKENS. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 19, 1861. His Excellency A. B. MOORE, Montgomery, Ala.: SIR: In reply to your communication of this date* I beg to say that as the troops are organized when they are mustered into the service of the Confederate States so they will remainthat is to say, if they come in as companies they cannot afterward enlarge their organiza- tions into battalions or regiments. With reference to the term of service, if there shall be peace and no prospect of war, there would hardly be any necessity for keeping the twelve-months volunteers in service after these facts shall be ascertained. Very respectfully, L. P. WALKER. BALVWIN, ltfarch 19, 1861. Hon. L. P. WALKER: Your letter of the 9th just received. I will furnish the troops promptly. Will write you fully. M. S. PERRY. MONTGOMERY, March 19, 1861. Governor THOMAS 0. MOORE, Baton Rouge: The requisition was for 1,700 men700 for forts, balance for Pensa- cola, the troops now in forts being a part. No necessity for so many * See Series I, Vol. I, p. 452 Page 177 CONFEDERATE AUTHORITIES. 177 artillerymen, but special objectiou not made. To complete comple- ment for forts take from artillery, unless now organized into regi- ments; colonels and majors not needed. Surgeons aud assistants not received. Officer Gait leaves to-day to provide transportation, and will muster into service at New Orleans. He is instructed to report to you his arrival at New Orleans. L. P. WALKER. BATON ROUGE, March 19, 1861. L. P. WALKER: Is the requisition made by you on the 9th to be considered addi- tional companies to the regular army of this State, or does it refer to the regiments of artillery and infantry now being organized in the regular army of the State? Answer immediately. Tb. 0. MOORE, Governor. MONTGOMERY, March 19, 1861. Governor THOMAS 0. MOORE, Baton Rouge, La.: The requisition is only for 1,700 troops in all700 for the forts and 1,000 for Pensacola. You can supply them from whatever source you prefer. They will constitute part of Provisional and not Regular Army. L. P. WALKER. EXECUTIVE OFFICE, Baton Rouge, La., March 19, 1861. L. P. WALKER Secretary of War, Montgomery, Ala.: SIR: In my letter yesterday I did not refer to the paragraph in your dispatch of the 16th in which you say the State officers now in command recognized until others appointed. I infer from that that the officers who have been and will be appointed by me to their various ranks in the State army, when transferred into the Army of either the provisional or permanent Government of the Confederate States, are to be superseded by other appointments, to be made by the Department at Montgomery. If I am correct in my in~rence I beg to remonstrate against this act as being neither just nor proper, and to say that if it were so it would create great dissatisfaction among the officers and troops and in the State at large, for the gentlemen appointed were submitted to an examination by a board of military officers and received their recommendation, and I therefore am desirous of being informed as to what course the Department will pursue in this matter and request a full and direct answer. I tele- graphed you to-day to know whether from the tenor of your communi- cation of the 1st of March instant, and the requisition made by you on the 9th instant for 1,700 men, they were required as an additional force to the two regiments now being organized in the army of the State, to wit, artillery and infantry. From your requisition I have issued orders for the raising of 1,000 men of infantry into companies, to be mustered into the service of the Confederate States for twelve 12 R RSERIES Iv, VOL Page 178 178 CORRESPONDENCE, ETC. months, unless sooner discharged. I inclose copy of the order. * This order may be changed to-morrow to three years, after consultation, as the State army is enlisted for three years. Both the State army and the addition of 1,000 men, I believe, can be raised, but their transportation must be provided for. Let me know your views dis- tinctly and clearly on the subject, so as to create no difficulty in the matter. It has been mentioned publicly here on the streetthe mat- ter of a change of officers of the companies after leaving the State and I must say that the move would, I think, be very injudicious and cause much trouble. Very respectfully, your obedient servant, THO. 0. MOORE. WAR DEPARTMENT, ADJUTANT-GENERALS OFFICE, ]Jfordgornery, March 19, 1861. Capt. JOHN M. GALT: SIR: The Secretary of War directs that you proceed with the least delay practicable to New Orleans for the purpose of mustering into service the troops called out from the State of Louisiana and provid- ing them the necessary transportation to their destination. The num- ber thus called into service, including the number now serving in Forts Jackson and Saint Philip, on the Mississippi River, is 1,700. Of this number 1,000 are to be sent to Pensacola Harbor to report to Brigadier-General Bragg, and the balance to furnish garrisons for the forts above named. The offer made by the Governor of Louisiana is a regiment of infantry and 800 artillery. The number to be required and mustered into service, whether infantry or artillery, or both, must, therefore, be 1,700, less the number now serving at the forts. This last number (at the forts) you can obtain on applying to Briga- dier-General Westmore, in New Orleans. It is desirable that both the infantry and artillery should be received with simply company organization, but should they have regimental organization under the State law they must be so mustered, but not to exceed the numbers already stated. It is also desirable that the number to be sent to the forts should be of artillery, and that 1,000 for Pensacola Harbor should be composed of both artillery and infantry, say 600 infantry and 400 artillery. You will immediately on arriving at New Orleans report by telegraph to the Governor of Louisiana at Baton Rouge the orders here given. You will confer with Captain Frazer, of the infantry, to act conjointly with him in carrying into effect these instructions. You will receive the necessary funds for the purpose of transportation. I am, very respectfully, your obedient servant, S. COOPER, Adjutant- General. MONTGOMERY, March 19, 1861. Governor JOHN J. PETTUS, Jackson, Miss.: Requisition yet wanted. Transportation provided from Mobile. Telegraph departure of troops. L. P. WALKER. * Omitted Page 179 CONFEDERATE AUTHORITIES. 179 WAR DEPARTMENT, ADJUTANT-GENERALS OFFICE, Miontgomery, March 20, 1861. Maj. GASTON COPPENS, Montgomery. Ala.: SIR: I am instructed by the Secretary of War to inform you that the Government will receive into the service of the Provisional Army of the Confederate States the battalion of zonaves tendered by you, to consist of not less than 400 or more than 500 men, with a proper proportion of commissioned and non-commissioned officers, to serve for a period of twelve months, or during the war, unless sooner dis- charged. Such uniform clothing as may be furnished by the bat- talion will be hereafter settled for by the Government at the rates and prices to be fixed for the Regular Army. I am, very respectfully, your obedient servant, S. COOPER, Adjutant- General. MONTGOMERY, March 20, 1861. Governor JOSEPH E. BROWN, Savannah: No reply to my requisition for troops. Will they be furnished, and when? Circumstances require immediate answer. L. P. WALKER. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 20, 1861. His Excellency J. E. BROWN, Milledgevitle, Ga.: SIR: I have the honor to acknowledge the receipt of your commu- nication of the 18th instant. In reply I can only repeat what I have already said in previous letters. If there be companies organized and tendered they will be received as companies into the Provisional Army. If batteries are organized and tendered they will be received as such, and so also with regiments; but to receive either a company, battalion, or regiment not organized and in existence would do such violence, as I conceive, both to the letter and the spirit of the law as to put it altogether out of the question. I sincerely regret to be compelled to make this answer, both because I am anxious if possi- ble to oblige Your Excellency and because we need the~,troops, par- ticularly at Pensacola, without a moments delay; In reply to your inquiry I state that all tents, accouterments, & c., which may be transferred to this Government and received by it would be paid for. Should your State make such transfer an officer will be appointed to inspect the articles, and if suitable receive them. I have the honor to be, very respectfully, your obedient servant, L. P. WALKER. SAVANNAH, March 20, 1861. MR. PRESIDENT AND GENTLEMEN OF THE CONVENTION: I herewith report to you the result of my mission to the State of Tennessee: In discharging the duties imposed upon me by the commission, I visited Nashville, the capital, on the 9th of February last, havin Page 180 180 CORRESPONDENCE, ETC. been detained a week on the way by injuries to the railroad, and fou~id that the Legislature, which had been convened by the Executive in extra session, had adjonrned on the 4th. The act of the Legislatnre calling the convention provided that the qnestion of convention or no convention should be submitted to the popular vote at the ballot box. The result of that vote was a majority of 10,000 against having a convention. The only means, therefore, of official communication with the people of Tennessee left me was with the Governor, to whom I presented the ordinance of secession and the resolution inviting the co-operation of Tennessee, together with the other border slave States, with the seceding States in the formation of a Southern confederacy. I was kindly received by His Excellency Governor Harris, who deeply deplored the result of the election in rrennessee, and warmly indorsed the action of Georgia in dissolving her connectiomi with the Federal Government. He expressed the opinion that the withdrawal of Tennessee from the Government of the United States and its union with the Confederate States of America was only a question of time, and in this opinion other distinguished citizens, and among them Governor Henry S. Foote, who boldly vindicates the cause of the South, concurred. The election was not regarded as indicating any- thing more than the desire which was felt and the hope that was cherished by the Union party that the Border State Convention, then in session at Washington, would adopt some plan of adjustment of the pending difficulty, not only satisfactory to the Border States but to the entire South, for the opinion was entertained by many that the Southern States had seceded with the view of reconstructing the Government and the obtainment of the constitutional rights and guaranties upon which they insisted in such reconstruction. I cor- rected this mistake as far as circumstances enabled me to do so, and announced that the separation was final and irrevocable, and that whatever line of policy Tennessee might adopt in the future this fact is to be regarded as settled. I announced also that the people of Georgia Were a unit in maintaining the action of this convention in the adoption of the ordinance of secession. I assured those with whom I communicated that it was a great mistake to suppose that the action of Georgia was the result of a reckless popular impulse, but that it was the high resolve of patriots determined to die freemen rather than live slaves. These assurances, together with the fact that the Southern States have repudiated the reopening of the African slave- trade, and indicated the policy of raising revenue by duties on imposts, and not by direct taxation, gave our frien4 s great confidence in the success of the movement and had a conciliatory influence upon those hostile to it. The opinion prevailed almost universally at the time I left Nash- ville that the action of Tennessee would be determined by the action of the Border State Convention and of the convention of Virginia. My own opinion is that Tennessee will be governed by Virginia upon this subject, and that perhaps all the border slave States will be con- trolled by the same influence. Some, however, of our more sanguine friends entertain the opinion that the next election, which will take place in August next, will settle the question in Tennessee in favor of the South. Upon the whole, my judgment is that when the people of that State realize fully the fact that they are reduced to the alternative of taking the chances of subjection to the domination of relentless Republicanism or the enjoyment of equality and indepen Page 181 CONFEDERATE AUTHORITIES. 181 ence with a great people with whom they are identified in interest, institutions, and destiny they will not hesitate to pursue that course dictated alike by honor and patriotism, and determine to unite their fortunes and destiny with those of the Confederate States. H. P. BELL. EXECUTIVE OFFICE, Baton Rouge, La., ]Jiliarch 20, 1861. Hon. L. P. WALKER, Secretary of War, Confederate States, Montgomery, Ala.: SIR: From the dispatches received by me from your Department I am at a loss to conceive precisely what is required in regard to the reception of the troops of this State into the Confederate Army, and these have created quite a dissatisfaction with the officers who have been commissioned by me, and are likely to cause difficulties and annoyances which will be embarrassing both to this State and the Confederate States. I have deemed it proper to send an officer with full instructions and powers to confer freely with you upon this sub- ject, and have with you a clear and distinct understanding in regard to the reception of the two regiments of artillery and infantry now being organized with the field, staff, and company officers into the provisional forces of the Army of the Government of the Confederate States, and with the view to have the same mustered into the service at New Orleans by an officer designated by the Department. The artillery, so far as organized, will be transferred immediately. The infantry is now being organized, and will be turned over so soon as completed. Very respectfully, your obedient servant, THO. 0. MOORE, Governor of Lomstana. MONTGOMERY, March 21, 1861. Governor J. E. BROWN, Milledgeville, Ga.: Your letter received yesterday after I dispatched you. It was answered at once. L. P. WALKER. SAVANNAH, March 21, 1861. General L. P. WALKER: Saw Governor B [rown]. His temper and objects good. Will send you the 1,000 men for Pickens immediately. Shall he delay any of them to wait a few days for accouterments? Answer. You misun- derstand him about his two regiments. He raised them under ordi- nance of State. Has 600 or 700 men raised for all the companies of both regiments. No conipany full. He is willing to turn them over to you, with enough officers for their command, as parts of regiments, and as the regiments fill up continue to turn over until both regi- ments fullfor your Provisional Army, not your Regular Army. I think he is right. Do you agree to it? Answer to-night if you can. Will write to-morrow. R. TOOMBS Page 182 182 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 21, 1861. His Excellency FRANCIS W. PICKENS, Charleston: SIR: In reply to your note of the 18th instant I beg to say that you were entirely right in supposing that the written statement to which you refer in regard to appointments by this Department was incor- rect. No rule requiring personal application has been adopted by or announced from this Department, and the selection of any officer known to be meritorious would in no degree be affected by his omis- sion to make such application. Of course, under this practice any officer in the service of South Carolina whose services might be needed by this Government, and whose competency known to it, would be appointed whether application had been made for him or not. It is proper to add that while, as you are aware, a considerable number of appointments has been made, there remain yet to be officered four entire regiments of infantry, and that the Artillery and Engineer Corps and the staff are still incomplete. Very respectfully, your obedient servant, L. P. WALKER, Secretary of War. EXECUTIVE DEPARTMENT, Montgomery, 41a., March 21, 1861. Hon. L. P. WALKER Secretary bf War: SIR: The Governor directs me to forward the inclosed communica- tion to your Department, with the request that you have the goodness to lay it before the President. I have the honor to be, with distinguished consideration, J. J. SEIBELS, Aide-de- Camp. [Inclosure.] ALBUQUERQUE, N. MEX., February 15, 1861. his Excellency Governor A. B. MOORE, Montgomery, Ala.: SIR: Our communication with the States is so very irregular that I can form but a very indefinite idea as to what is~ to be the result of the troubles now agitating our country. I presume, however, that Alabama is out of the Union ere this. I desire, therefore, to tender through you my services to her, should she need a soldier who has seen hard service. I am the senior officer of the army, from Ala- bama, and should be the first to offer her such assistance in my pro- fession as I may be able to render. I should have returned to my State in anticipation had it been possible to do so, but a severe winter season and the hostile attitude of the Indians between this and the settlements render the trip next to impossible. With the greatest respect, I remain, very respectfully, your most obedient servant, JAMES LONGSTREET, Major, U. S. Army Page 183 CONFEDERATE AUTHORITIES. 183 MAYORS OFFICE, Athens, Ala., March 22, 1861. Hon. L. P. WALKER: DEAR SIR: I have long since been convinced that the seceded States acted wisely in withdrawing from the Union. At first I objected with great earnestness to their position and subsequent actions, but upon maturer reflection I became convinced that they were right, and that I, with many others who opposed them, was wrong. You may be aware of the fact, sir, but if not you are respectfully informed, that I am editor of the Union Banner and mayor of Athens. These positions commit me to reconstruction, which I confess most sincerely is a matter entirely foreign to my wishes, desires, or hopes, and I have accordingly entertained the strongest temptation to avow them through my paper with the facts above stated, but the risk of pecuniary loss occasioned by such a move, I must confess, whether right or wrong, presents very weighty motives for giving the matter due consideration, for the reason alto- gether that I have a family depending upon my personal efforts for maintenance. The semblance of opposition to the Confederacy which now engages my attention is already exciting suspicions of my sound- ness on reconstruction, but not to an extent to injure me materially as yet; but this or any other kind of hypocrisy operates very much against my feelings and principles, and I have therefore taken the liberty, predicating it upon the slight acquaintance I have with you, to lay the matter before you with the view to solicit your advice and counsel, and at the same time your personal consideration after I shall have published the facts hereinbefore mentioned, which I sin- cerely trust you will give me at your first leisure moment. It may not be amiss to state the fact that I was born and raised in Virginia where I received a military education, and that for eighteen years i have held a captains commission, having been in active drill in Vir- ginia and North Carolina during the time. Do me the favor, sir, to reply to this note at your first leisure moment, and believe me to be, Very respectfully, your obedient servant, A. B. HENDREN. BARRANCAS BARRACKS, FLA., March 22, 1861. General S. COOPER, Adjutant- General 0. S. Army, Montgomery.: GENERAL: It is due to my recent command in Louisiana that the officers should be brought to the notice of the appointing power, that their claims may be considered in filling our permanent service. Many of them, under the impression that the regiments might be taken as a whole, will never make an application or express a desire, when in reality they are exceedingly anxious to remain in service. Much pains was taken in selecting them, and nearly all were subjected to an examination by a competent board, so that I feel confident the service will be benefited by selecting freely from them in any appoint- ments made from Louisiana. For ability, education, moral character, and high social position, with few exceptions, they will compare favor- ably with the best young men of the South. Many of them have abandoned other good professions with a view of remnaining in th Page 184 184 CORRESPONDENCE, ETC. Army, and I should be pleased to see their zeal rewarded by a recog- nition from the Department. I shall regard it a favor to have the Secretarys attention drawn to the subject unofficially when occasion offers. We remain without change, but a report says re-enforcements are nearprobably be in to-morrow. Your arrival amongst us is hailed with universal satisfaction. Most respectfully, yours, BRAXTON BRAGG. MONTGOMERY, March 22, 1861. Hon. ROBERT TOOMBS, Savannah: Governor B [rown] can delay troops for Pensacola few days for accouterments. Let the delay be as short as possible. Companies, battalions, and regiments must be organized, if wish to retain indi- viduality, before mustered into service. There is no law to receive fractions of either as a whole, to be afterward completed. The size of regiment will be controlled by State ordinance. Whatever that determines to be full complement is recognized here. Less than the number required by your law to constitute a regiment could not be received as one into Provisional Army. L. P. WALKER. CHARLESTON, S. C., March 22, 1861. Hon. L. P. WALKER: A statement is published in one of the papers this day of officers appointed in the Army of the Confederate States. It is believed to be without foundation, but it is producing great excitement. If it has been made public without authority it would be advisable to telegraph back that information. A. G. MAGRATH. MONTGOMERY, March 22, 1861. Hon. A. G. MAGRATH, Charleston: The list was published by authority in yesterdays papers. That of the day previous was erroneous in many respects. I hardly see why there should be any special excitement. The list is partial, not embracing more than one-sixth of the appointments to be made, hav- ing been compelled to suspend for the present, owing to more pressing engagements. My letter to Governor Pickens, written yesterday, will probably satisfy you and others upon what is supposed to be the point of apprehension. * This dispatch is not intended for publication in the papers. L. P. WALKER. SAVANNAH, March 28, 1861. L. P. WALKER: Can do nothing on your basis to arrange military affairs with Gov- ernor B [rown]. R. TOOMBS. *See p. 182 Page 185 CONFEDERATE AUTHORITIES. 185 Resolved by the people of Georgia in convention assembled, That the Governor of this State is hereby authorized to tender to the Gov- ernment of the Confederate States of America, under the provisions of an act of Congress to raise provisional forces for the Confederate States of America, and for other purposes, the regular forces of this State provided for by an ordinance of this convention. Resolved further, That the President of the Confederate States be requested to receive into the service under the act aforesaid all the men now enlisted, with the officers necessary to command them, by companies or battalions, and the remainder of the force as they may be received, with their officers, until each of the two regiments now being raised is completed, when the whole force, with their officers, shall form as regiments as part of the said Provisional Army for the term of the enlistment of the war. Resolved further, That the Governor be authorized to continue the recruiting service by the officers now required for the command of the troops proposed until the regiments are completed, provided that a longer time than four months from this date be not allowed for this purpose; and provided further, that the Governor be authorized to disband the said regiments if not transferred to Government of the Confederate States. Adopted March 23, 1861. GEO. W. CRAWFORD, President. Attest. A. R. LAMAR, Secretary. MONTGOMERY, March 23, 1861. Governor JOHN J. PETTUS, Jackson, Miss.: The troops now required of your State are not for the Regular but for the Provisional Army. They come in with their own officers, either in companies, battalions, or regiments, as they are organized at the time they are mustered into service. They will serve for not less than twelve months, and will be commanded by such general officer as the President may appoint. Shall be glad to know by telegram when I may expect them.* L. P. WALKER. CHARLESTON, March 23, 1861. lion. L. P. WALKER, Secretary of War: SIR: I received this morning yours dated 21st instant, and am glad to know that personal application is not necessary for appoint- ments. You will recollect that I stated in a previous communication that every captain I had appointed in the regular enlisted forces of South Carolina had either served as officers through the Mexican war or were graduates of West Point, and had been officers in the U. S. Army. There is but one exception to this, and that is Captain Martin, who is a very intelligent and thorough officer of great merit. The *For reply, see Series I, Vol. LII, Part II, p. 30 Page 186 186 CORRESPONDENCE, ETC. lieutenants are for the most part graduates of our own State acade- inies, and well drilled and educated, except a few, who were likewise in the Mexican war, and a few who were entire civilians, without any previous military education. But I perceive by the list of appoint- ments made by the President that most of these civilians have been appointed in the Confederate Army. The President has also appointed a civilian of this State as major of artillery. There is no doubt of his being a gentleman of great merit, and I had offered him a captaincy, which he declined. I only mention this to illustrate the grounds upon which I made appointments in the regular service of this State. I would appoint no one from civil life higher than lieutenant, and offered no appointment to any civilian higher than lieutenant except the single one the President has appointed major of artillery. I also see another gentleman appointed from this State from civil life first lieu- tenant in infantry whom I had appointed only second lieutenant because of his youth and having no military education or experience, and at the same time several who have been in service and have received a thorough military education are appointed by the Presi- dent second lieutenants under him. I perceive a good many such cases, and I most respectfully suggest that such things must neces- sarily produce disorganization in the force I have organized here with so much pains and with such strict regard to military experience or education. I did so knowing that I caused offense among many gen- tlemen of influence in civil affairs; and now, when the rule is reversed at Montgomery, it will, I fear, produce dissatisfaction with the enlisted force which I have organized here, and I only mention it jiy way of excuse for the complaints that may, perhaps, reach you. Not that I desire to suggest at all that any gentleman who has received an appointment from the President is not entirely worthy of it (because I really believe they are worthy of it pei~sonally), but I merely suggest it as the reason why complaints may be made and some temporary excitement may prevail, but I trust it may only be temporary, par- ticularly as you state four other entire infantry regiments~~ are to be officered in full yet, and the artillery officers have not all been appointed. Our convention meets in a few days, and I most respectfully suggest that perhaps it may suit the Confederate Government to receive the regular enlisted force of this State into service, to be located as a gar- rison force for the forts in this harbor, and also to garrison a fort at Beaufort and one at Georgetown. They are enlisted for a year, and I think such an arrangement would perhaps satisfy all. Those who desired to be appointed into the regular ser.vice or the Confederate States, and whose merits or claims might be recognized by the Presi- dent, might receive appointments and enter into that service. I have a battalion of artillery, in command of Lieutenant-Colonel Ripley, of the best material, and they have been trained for three months at the heavy batteries and guns in the best manner. No force at present in the Confederate States could be relied on for more efficiency than this. Very respectfully, your obedient servant, F. W. PICKENS. Hon. L. P. WALKER: CHARLESTON, [March] 23, 1861. The publication of the corrected list to-day removes much of the excitement produced yesterday by the publication of the incorrec Page 187 CONFEDERATE AUTHORITIES. 187 list, and we hope it will subside now altogether. rrlle assurances that the Governor gave yesterday that the list was incorrect had also its proper influence. A. (4. MAGRATH. AN ORDINANCE to ratify the Constitution of the Confederate States of America.* The people of the State of Texas assembled by delegates in convention ordain, That the Constitution of the Confederate States of America, adopted March 11, Th61, by the Congress of the Provisional Govern- ment of said Confederacy for the permanent government thereof, sub- ject to ratification by the respective States, is hereby ratified, accepted, and adopted, for the purposes therein expressed, on the part of this State, acting in its sovereign and independent character. Adopted in convention at the city of Austin on the 23d day of March, A. D. 1861. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, Jllarch 24, 1861. Hon. A. B. HENDREN, Athens, Ala.: SIR: The Secretary of War instructs me to reply to your letter of the 23d [22d] instant, and to express to you his sympathy for you in the embarrassnients in which you are placed. He thinks, however, that by far the safest and best plan you can pursue is boldly to announce and advocate your real views in regard to the new confed- eration. There are many reasons for this, one of the most potent of which is the undeniable fact that this Government is already estab- lished beyond doubt, and is rapidly taking aboard in public estimation the dimensions and form of a first-rate power. As a consequence, opposition to the cause of independence and advocacy of reconstruc- tion may very soon assume the character of a grave political crime, odious though not legally punishable. That this will soon make it tangible to the good sense and patriotism of all the people of your section the Secretary does not doubt, and he therefore thinks that the very earliest moment at which you begin to use your talents and influence, social and political, to bring about perfect acquiescence in the actualities of the day will be the best moment for the good of your section and your own fame and fortune. The Secretary further instructs me to say that at all times when in his power he will be happy to serve you. Respectfully, your obedient servant, J. J. HOOPER, Private Secretary. MONTGOMERY, March 24, 1861. Governor J. J. PETTUS, Jackson, Miss.: It is desired, if practicable, that arms and ammunition and camp equipage should be sent. ~ L. P. WALKER. * From Journal of the Texas Convention. ~ This in reply to Pettus, Series I, Yol. LII, Part II, p. 30 Page 188 188 CORRESPONDENCE, ETC. GENERAL ORDERS, ~ WAR DEPT., ADJT. GENERALS OFFICE, No. 1. Montgomery, March 25, 1861. Lieut. Col. A. C. Myers, of the Quartermasters Department, is announced as Acting Quartermaster-General of the Army of the Con~ federate States, and will be obeyed and respected accordingly. By command of the Secretary of War: S. COOPER, Adjutant- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 25, 1861. His Excellency THOMAS 0. MOORE, Baton Rouge, La.: SIR: Your communications of the 19th and 20th instant are received. Let me in reply so state the case that there can be no further misap- prehension. All the troops called for are to go into the Provisional Army of the Confederate States. This Provisional Army is no part of the Regular Army; this latter will be recruited for during the year, and its formation must necessarily be too slow for our present exigencies. It was this consideration which prompted the Congress to provide for the Provisional Army, composed, as it will be, of two classes of troops: First, those already in the service of the States and organized, either in companies, battalions, or regiments, and as so organized transferred by the States to this Government; and sec- ondly, of volunteer organizations not in the service of the States, but whose services are tendered to this Government with the consent of the States. In either event, however, as they are organized and offi- cered when the tender is made and when they are mustered into serv- ice so they will remain during their term of service. If they are mustered into the service as companies they will retain their coin- pany organization; if as battalions, they will remain battalions, and so of regiments; and they will continue under the command of their own officers, with the single qualification that their officers will be subject to the command of such general officers as may be assigned to that duty by the President. Respectfully, your obedient servant, L. P. WALKER. MONTGOMERY, ~jarch 26, 1861. Governor M. S. PERRY, Tallahassee, Fla.: Transportation will be arranged from Columbus, Ga., for your troops. * L. P. WALKER. MACON, GA., March 26, 1861. Hon. L. P. WALKER, Secretary of War, Montgomery: SIR: In the month of January last a number of gentlemen of this city, learning that the supply of ammunition (powder, lead, & c.) was very scant not only here but in Savannah, Augusta, & c., and at * This in reply to Perry, Series I, Vol. LII, Part II, p. 30 Page 189 CONFEDERATE AUTHORITIES. 189 which time, you xviii remember, intense anxiety was felt about public affairs, not knowing what to expect from Washington City, made up a purse for the emergency of nearly $3,000, sent a special agent, and purchased ammunition and brought it to this place, to be used as occasion might require. It was brought overland from Norfolk, Va., purchased in Baltimore of agents of Du Pont, of Wilmington, Del., except some of the lead, which was bought in Savannah and Augusta, all of which is now in magazine and store here, and statement of amount of each herewith inclosed. * So prompt and effective have been the means of defense by our energetic new Government that it is thought unnecessary to keep it here longer by parties interested in the purchase, and on conferring with Governor Brown he has sug- gested that the Government of the Confederate States will take it, and it is with that view that I address you this communication in behalf of all concerned here. We would be glad if it would suit the Confederacy to take it. The powder was made by Du Pont & Co., of Wilmington, Del., whose reputation is not unknown to you, and we are satisfied of superior quality, and purchased at as low price, we presume, as any of similar quality for some time past. The inclosed bill of it is actual cost, except the freight, which was advanced by our city. I would respectfully ask if it would suit you to take it. I am not prepared just now to furnish statement of freight, but will, if desired. I have not yet seen the freight bills. I presume William B. Johnston, esq., of this city, is now in Montgomery on business for the Government, and to whom I would respectfully refer. He is well known to Mr. Memmiuger, Secretary of the Treasury. If Mr. John- ston has left I would refer to Sterling Lanier, esq., of the Exchange Hotel, or Col. C. T. Pollard, president of the Montgomery and West Point Railroad. An early answer will oblige your obedient servant, P. E. BOWDRE. I would add that it is proposed to let the Confederacy have it at actual cost and freight. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, ]Uiontgomery, Miarch 26, 1861. His Excellency FRANCIS W. PICKENS, Charleston, S. C.: SIR: Your communication of the 23d instant is received. In the published list of appointments in the Army, to which y~u refer, I do not doubt that some grave errors exist, the result of want of personal knowledge of the applicants, and which under the circumstances were unavoidable. Of course neither this Department nor the Presi- dent had any other wish than to appoint the best men to the best places. That we have failed in this in some instances, as seems to be implied in your letter, could only have been avoided by one of those rare accidents of good fortune sufficiently exceptional to be excluded fromu the estimate of probabilities. So far as seniority or rank in the armny of South Carolina is concerned, that was not and could not be regarded as controlling the appointments here, because there was no comity requiring this Department to appoint in the Army of the Con- federate States the officers of the army of South Carolina. Your * Statement (omitted) shows purchase of 9,97t pounds buckshot and lead, 10,850 pounds gunpowder Page 190 190 CORRESPONDENCE, ETC. criticism, therefore, in this particular strikes me as being untenable. If you will consider the question in the light of the facts you will at once perceive how impossible it would be to adjust the rule of appointing all the officers in the State forces to that sense of justice which, you will admit, underlies the rule adopted by this Depart- ment, however unjustly it may operate in special cases. That rule is, first, to provide for all the officers resigned from the Army of the United States because of the secession of the Confederate States. Now, if we adopted the rule to incorporate into the Army of this Gov- ernment all the officers of the regular armies of the several States, every officer resigned from the service of the United States would be excluded, for there are more officers in the armies of Mississippi and South Carolina than there will be in the Army of the Confederate States. It would, therefore, be impossible to recognize as right a rule oper- ating with such injustice. The transposition, then, in the appoint- ments here of officers now in the service of your State, by which their relative rank in the army of South Carolina is changed, although to be regretted, and possibly naturally creating some temporary per- sonal dissatisfaction, ought not, legitimately, to produce disorgani- zation in the force~ you have organized, I doubt not, with so much pains. Should your convention transfer the regular enlisted force of South Carolina to this Government, it is more than probable a large proportion of that force would be employed in the manner you sug- gest; and when so transferred this force would constitute a part of the Provisional Army of the Confederate States, and would retain, with their officers, during the period of service, whatever organiza- tionwhether of companies, battalions, or regimentsthey might have had before being mustered into service, except, possibly, the company organization, which without a change of officers might be resolved either into battalions or regiments under orders from this Department. With great consideration, your obedient servant, L. P. WALKER, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March ~6, 1861. Lieut. C. H. CRAIGE, Sons of the South, of Memphis, Tenu., Mojitgomery, Ala.: SIR: The Secretary of War instructs me td express his deep regret in formally announcing to you that this Department is constrained by considerations which it cannot disregard to decline the patriotic offer of your excellent corps, as made to the President of the Con- federate States, to take service in the Provisional Army of this Confed- eracy. The chief reason inducing this decision, as personally explained to you, is that unless there should occur hostilities of some consider- able duration the forces derived from the States of the Confederacy are deemed ample for the defense of the country and all needful military operations. It would have afforded this Government great satisfaction to have been able consistently with the public interests to accept the services of the Sons of the South without reference to future contingencies; and next to that it would gratify the Secre- tary of War if he could say that in the event of war so gallant a corp Page 191 CONFEDERATE AUTHORITIES. 191 would be first upon the list to be accepted. But there precede the Sons of tha South in priority of tender the following patriotic military organizations, to wit: Captain Turneys company from Ten- nessee, a volunteer regiment from Kentucky, and a volunteer regi- ment from Tennessee. If, however, hostilities at all serious should occur there is little doubt but that the causes which will make necessary the services of the several last-mentioned organizations will open the way for the acceptance of the services of the Sons of the South. In any such event you will be promptly informed of the change in the condition of affairs. The Secretary of War directs me, in conclusion, to tender to the officers and men of the Sons of the South, through you, the expression of his high appreciation and esteem. Respectfully, your obedient servant, J. J. lOOPER, Private Secretary. MARION, SMYTH COUNTY, VA., March 26, 1861. Hon. L. POPE WALKER, Secretary of War, Confederate States: DEAR SIR: There is a company at this place who desire a contract for shot and shell for your Government. They can manufacture, with present force, three or four tons per week, and they can increase their force, if a contract can be had, so as to manufacture an addi- tional quantity. This point is immediately on the Virginia and Ten- nessee Railroad, forty-four miles from Bristol, the western terminus of the road. If your Government or the Department over which you have control desire contracts of this character, I would be glad if you would inform me. If a contract of this character can be had, the best of references can be given. Your obedient servant, JAMES H. GILMORE. SPECIAL ORDERS, WAR DEPT., ADJT. GENERALS OFFICE, No. 9. * Montgomery, March 27, 1861. * * * * * II. Lieut. Col. Lucius B. Northrop, of the Subsistence Department, is assigned to duty as Acting Commissary-General of Suksistence. * * * * * * * By command of the Secretary of War: S. COOPER, Adjutant- General. MONTGOMERY, March 27, 1861. Governor J. E. BROWN, Mitiledgeville: Transportation from Columbus for 1,000 troops will be ready on Wednesday next, presuming they will rendezvous at that point. * L. P. WALKER. * Probably in reply to Brown, Series I, Vol. LII, Part II, p. 30 Page 192 192 CORRESPONDENCE, ETC. MILLEDGEVILLE, [March] 27, 1861. Hon. L. P. WALKER: Have already sent out the orders for the rendezvous at Macon on Tuesday. Send officers to muster them into service. JOSEPH E. BROWN. ADJUTANT AND INSPECTOR GENERALS OFFICE, Montgomery, March 28, 1861. General DUFF C. GREEN, Q uarterrnasier- General, Mobile: GENERAL: Yours of the 25th are received. Inclosed you have copy of ordinance which authorizes the Governor to sell Confederate States all provisions, military and quartermasters stores, not needed by the State. Under this ordinance the Governor has agreed to dispose of all the provisions, stores, & c., belonging to the State, except such as may be required for the use of our own troops until they are discharged or mustered into service of the Confederacy; and as that service was in immediate want of subsistence, & c.,it was thought advisable to supply its requisitions to an extent which should not affect our own wants, and when all our invoices had been received and Alabama relieved of her troops by transfer or discharge, that the whole matter could then be closed by the Confederacy taking the balance on hand and accounting for what had been received on its requisitions. After any of our troops have been received by the Confederacy, Alabama has nothing more to do with them, and the Confederate Government is bound to provide for them. Upon this principle the companies received into the Confederate service should be subsisted from that time from stores supplied on requisitions of its officers, and up to that time from those furnished on the requisitions of our own. If this course is pur- sued, and the stores, & c., not consumed by our own troops up to the time of their discharge or transfer are inventoried and turned over to the Confederacy, it would under the circumstances be the least objec- tionable. The Governor, however, simply suggests this for your consideration, leaving the details for your better judgment, with instructions, however, to be sure and retain enough to meet the wants of our recruits at Mount Vernon and our troops elsewhere until the contingencies arise which have been referred to. In relation to receipting for or merely making an inventory of stores as reported by Colonel Echols, the Governor wishes you to ascertain that the stores received correspond with those reported by Colonel Echols, and then receipt to him. As regards sending boat to Fort Mom~gan at the expense of the State, the Governor can give no definite instructions. The State is bound to furnish the supplies for troops in her service and to trans- port them to Fort Morgan, and to this extent, and this only, she should bear the expense. From the time the troops are in the Confederate service the expense of transportation belongs to that Government. You must use your own judgment as to keeping the boat in, acting as you deem the best for the interest of the State. The information you request as to the time of the arrival of the last company cannot at this time be given with anything like accuracy. It depends upon the fact as to how many of the troops at Fort Morgan will consent to be transferred to the service of the Confederacy, and upon this point there is no reliable information at this office. The Governor has expected confidently that at least 400 of the troops at Fort Morgan, when the requisition was made, would consent to be transferred, and Page 193 CONFEDERATE AUTHORITIES. 193 his action in relation to the companies accepted has been based upoii that expectation. Should it not be well founded it will be a source of great embarrassment. Every available means have been used to obtain information on this point, but up to this time it has not been received. Should you have any, telegraph me. I believe if your questions have not all been answered the data have been given from which you can furnish the answer. Very respectfully, your obedient servant, GEO. GOLDTHWAITE, Ac~jutant an(l Inspector General. MONTGOMERY, March 28, 1861. Governor J. E. BROWN, Milledgeville: Very well. Rendezvous your troops at Macon at time appointed. Transportation provided from there. Three hundred will leave daily until all are transported. This will prevent any detention here. Arrangements according to this programme have been perfected. L. P. WALKER. AN ORDINANCE to adopt and ratify the Constitution adopted by the conven- tion at Montgomery, Ala. SECTION 1. Be it ordained by the people of Mississippi in conven- tion assembled, and it is hereby ordained by authority of the same, r1~hat the Constitution adopted by the convention at Montgomery, in the State of Alabama, in the year of our Lord one thousand eight hundred and sixty-one, for the permanent Federal Government of the Confederate States of America, be, and the same is hereby, adopted and ratified by the State of Mississippi acting in its sovereign and independent character, and the State of Mississippi hereby accedes to and becomes a member of the Confederacy provided for in said Constitution. Passed convention March 29, 1861. WILLIAM S. BARRY, President of the Convention. E. P. RUSSELL, Secretary. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, P. E. BOWDRE, Esq., Montgomery, March 29, 1861. Macon, Ga.: SIR: I am tnstructed to reply to your letter of the 26th instant in relation to the powder and lead purchased by the citizens of Macon, and the Secretary of War directs me to state that for the present he can only say that the subject shall be promptly submitted to the ord- imance bureau of this Department as soon as that can be organized. I am further directed to express the regret of the Secretary at his inability to answer you more definitely at present. Respectfully, your obedient servant, J. J. JIGOPER, Private Secretary. 13 R RSERIES IV, VOL Page 194 194 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, ]Jiliontgomery, March 29, 1861. JOHN D. RIDLEY, Esq., Blaclesburg, Va.: SIR: I am instructed by the Secretary of War to say, in reply to your letter of the 25th instant, that no volunteer corps or troops of any kind are at present received from points without the Confederate States, and I am further instructed to say that the Secretary deeply regrets that a gentleman entertaining sentiments so patriotic as yours should be disappointed in your effort to serve the Confederate States. Respectfully, your obedient servant, J. J. HOOPER, Private Secretary. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, March 29, 1861. JAMES H. GILMORE, Esq., Marion, Srnyth County, Va.: SIR: I am instructed by the Secretary of War, in reply to your let- ter of the 26th instant, to state that this Department is not at present desirous to purchase shot and shell. Your letter will be filed and due consideration given to your proposition if the Department should determine to make contracts hereafter. Respectfully, your obedient servant, J. J. HOOPER, Private Secretary. EXECUTIVE OFFICE, Baton Rouge, March 30, 1861. Hon. L. POPE WALKER, Secretary of War, Montgomery, Ala.: SIR: Captain Strawbridge has returned, and I have noted the con- tents of your reply to my letter of the instant. Your requisition of the 9th instant was for 1,700 men700 artillery and 1,000 infantry. The artillery has partly been mustered into the service of the Confed- erate States, and from your note I am induced to believe that unless the men are mustered by regiments the field officers will not be recog- nized. I have therefore issued an order authorizing the transfer of the companies only when the regiments shall be complete. In the meantime, in order to comply with your requisition, the enlistment continues, and I trust in a short time to present for muster a regiment of good and able-bodied men. I have been informed that authority has been granted by the Government at Montgomery to individuals in the State to enlist men, either by companies, battalions, or regiments, for the service of the Confederate States, and this without official commu- nication having been given me as the Executive of this State. If this be soand I understand that one or two companies from New Orleans (the Zouaves) have already been mustered under the authority given to a Mr. CoppensI have to express my astonishment and sincere regret at the course pursued by the Government at Montgomery toward me. Your requisition on me has not been denied, and I have used, and am now using, every means to comply with it. I trust you will at once admit that if a demand for volunteers from this State is required, I Page 195 CONFEDERATE AUTHORITIES. 195 as the Executive, should be first called upon. I further understand these companies are to be considered as forming a part of the requisi- tion made by you and not as additional troops. Be that as it may, courtesy, if not right, should require sdme information of the fact to me. I hope, sir, you will perceive the embarrassing and perplexing difficulties in which such orders will place our soldiers and the officers who have sacrificed positions in civil life and were the first to answer the call of the State of Louisiana to defend her rights; that you will take immediate steps to countermand orders which may have been issued to enlist troops in this State, unless emanating from the Exec- utive thereof, which can only interfere with the enlistment of troops authorized by me, and on your requisition, and create great dissatis- faction. I remain, with respect, your obedient servant, THO. 0. MOORE. Address to the people of Texas. AUSTIN, March 30, 1861. FELLOW-CITIZENS: The undersigned are a committee of the convention to prepare a brief exposition of its proceedings, with reasons therefor, as an address to the people for general information. The political crisis arose from an irreconcilable diversity of opinion between the North- ern and Southern portions of the United States of America as to rela- tive rights. Separation of Southern from Northern States was the leading object of the popular movement with a view to a consequent confederacy of seceded States as the best mean~, if not the only mode, of securing essential and inalienable rights. In this State the public mind was exercised by the question of our final separation from all other States, but the idea of such a result had no favor and the appre- hension of it was used as an argument against secession, while the objection was met by the assured policy of a seceded confederacy. Hence, with rare exceptions the advocates and opponents of immedi- ate and separate secession of this State commenced and prosecuted the canvass, differing on the leading proposition of secession, but unit- ing in opinion that consummated secession should result in confed- eration as an incident. So the decision was on secession. Early in the canvass public sentiment was entitled to prompt facility for its authoritative expression, and a call of the Legislature was earnestly claimed as the ordinary means. It is needless to recite ~ny of the known particulars of executive opposition to the secession movement, but the substance of that opposition must always be in mind in order to understand the popular action of this State. As a remedy against executive dictation in our State government and against a ruinous administration of the Federal Government the people had but one mode of action that was prescribed by and for themselves in the dec- laration of rights in our State constitution, as follows: SECTION 1. All political power is inherent in the people, and all free govern- ments are founded on their authority and instituted for their benefit, and they have at all times the inalienable right to alter, reform, or abolish their form of government in such manner as they may think expedient. To attain the objects, and under the necessity before stated, the peo- ple rose in their sovereignty and constituted a convention to be the representation and instrumentality of their will. At the election o Page 196 196 CORRESPONDENCE, ETC. delegates, although held under utmost disadvantages, the aggregate of votes for secession candidates, according to best information, was over 32,000. The proceeding was extraordinary and retnrns were irreoular and incomplete of necessity from such an election, but reli- able information showed for secession over 32,000more than half of the largest poll ever given at an election in this State. In opposition there were comparatively few votes. And many other circumstances concurred in establishing the certainty that the secession sentiment was far in the ascendency. Thus elected and for such purposes the delegates assembled in convention at Austin the 28th of January. Although at the time of the election South Carolina was the only State that had completed secession, and many persons were deterred from voting by apprehension that she might not be sufficiently imi- tated, yet the secession voters expected co-operation. Before the meeting of the convention Florida, Georgia, Alabama, Mississippi, and Louisiana had seceded, and Texas was the only exception among all the Gulf States. Encouraged by such examples, Texas felt sustained in her convictions of the propriety of secession before the commence- ment of the abolition administration of the General Government. Admonished by the same circumstances of her peculiar dangers to arise out of even delay in co-operation with those States, Texas had just fears as well as natural sympathies to prompt the earliest practi- cable association with the seceded States. They had appointed dele- gates to meet at Montgomery, Ala., on the 4th of February to form a provisional government as a first necessity, and afterward to pre- pare and submit a constitution for the government of a permanent confederacy. It would be out of place and time in this address to recite the causes justifying secession. They have been heretofore published by the convention; but they must ever be most prominent in considering the current of causes and effects. Under such circumstances the con- vention was not recreant to its mission. On the 1st day of February, the fourth after its meeting, the convention by a vote of 166 affirma- tives to S negatives adopted an ordinance for withdrawing this State from the Union, to take effect on the 2d day of March, unless rejected by the people at an election to be held on the 23d of February. The Legislature and the Executive had previously recognized the conven- tion as a representation of the people and were in a formal attendance, on invitation, at the adoption of the ordinance. Such recognition was gratifying to the public in general and relieved some persons from doubts of the legality of the convention, but it always claimed by express avowals to have its authority and instru~tions directly from the people. The ordinance of separatioii might have been made immediately final if necessity had required it, but there was time before the 4th of March to obtain a more formal and unquestionable expression of public sentiment, and the anniversary of Texan inde- pendence, the 2d of March, was selected as the day of final separation, subject to express rejection at a general electiomi, for which provision was made. While that election was to be decisive on the question of separation, it was in its nature to be conclusive on the question of confederation, unless some unexpected event should occur to require another direct and formal expression of the public will. If the comi- vention could have trifled with itself, it had too much respect for the intelligence of its constituents to suppose that they intended to have such an agency constituted simply to prepare and propose a secession ordinance for their ratification or rejection and then to retire, althoug Page 197 CONFEDERATE AUTHORITIES. 197 the public necessities which caused the convention demanded its con- tinuance for immediate and essential action; Even willing legislative and executive functionaries could not do what was necessary in many respects for want of authority, and another convention could not be constituted in time for emergencies which did not admit of delay. The convention, as the authorized agency of intelligent public will, proceeded to do whatever the occasion required, but no more. The ordinance of secession involved the public safety, which could not be secured by means of the ordinary government, and a committee of safety was constituted with adequate powers to provide means and to control the U. S. military force with its incidents within this State, and to substitute indispensable temporary protection. Further, to secure the public safety and to obtain other inestimable advantages from immediate connection with the States which had finally seceded and were then in convention at Montgomery, Ala., delegates to that convention were elected, to be advisory as to interests of this State until the consummation of its separation, and then to participate on terms of equality in administration of a provisional government and in preparation of a constitution for a permanent confederacy. More- over, to promote security and other manifest benefits from the con- templated confederacy, commissioners were delegated to Arizona and New Mexico to procure their co-operation, and other commissioners were sent to the Choctaw, Chickasaw, Creek, and Cherokee Nations to aid in preparing them for alliance with such confederacy. Also other corresponding measures of minor importance were adopted. Having made such arrangements for parts of the great popular enterprise, the convention adjourned on the 5th of February to meet again on the 2d of March, as a continued agency to execute the pub- lie will. On the day for ratification or rejection of the ordinance for separation the whole subject was before the votersthe state of the general crisis; what the convention itself had done; what its commit- tee of safety was doing during the recess; what commissioners were to do, and what was the incipient relation and prospect of permanent connection of this State with the confederacy. The convention acted and proposed to act as the authorized agent of the people, and they had an opportunity to affirm or disaffirm such agency by ratifying or rejecting its principal act. The result of the election on the secession ordinance shows more than three in favor of it to one against it, and 3 aggregate of over 60,000 votessome additions to the regular announcements being made by subsequent official returnsand the returns of 120 counties being included, while only three small coun- ties are not included of all that have been organized. The conven- tion reassembled on the 2d of March, and soon found that the election had reindorsed it as the public agency for the political reformation which was in progress. During the recess the committee of safety by its agents, with the spontaneous and patriotic co-operation of citi- zen soldiery, had made arrangements for removing from Texas by the safe coast route the whole military force within Texas pertaining to the Union and for the surrender of all property and possessions (with small honorary exceptions) held in Texas by the Federal Govern- ment. The execution of such arrangements has progressed nearly to completion and so as to leave no doubt of full accomplishment at an early date without any violeng collision, although the just apprehen- sion of it caused indispensable preparation. The troops thus called into the field and some others have supplied the place of those sent away, as well as circumstances would allow, and will continue to d Page 198 198 CORRESPONDENCE, ETC. so until superseded by regular forces. Details of the proceedings of the Committee of Public Safety cannot be here admitted, but they are otherwise published, and they do honor to the committee and their agents, while sustaining the convention for constituting such power as a temporary necessity. The convention found that the Constitu- tion for the Provisional Government of the Confederacy was well adapted to the emergency without departing from any essential prin- ciple of the Union Constitution, and the measures of the Provisional Government appeared to be well adapted to circumstances. The selection of persons for the Presidency and Vice-Presidency seemed to be entirely appropriate. The convention had no hesitation in expressing a formal approval of the Constitution and administration of the Provisional Government, which was not to continue longer than one year, and was to be superseded within that time by a permanent government. It would be out of place here to state what the Provis- ional Government has done, unless in connection with some action of the convention. But it is proper to say that the measures of that Government have superseded the action of this State on postal affairs and on revenue by customs. Under that temporary Government also the judicial jurisdiction is similar to that of the Federal Government, but with one judge to each State. As to military and naval affairs the Provisional Government has provided so that the convention did not deem it.s action necessary, except as before stated, and to raise one regiment of mounted volunteers to serve twelve months, unless sooner discharged. That Government is raising in Texas another similar regiment and will doubtless accept the former. A law of the last session of the present Legislature provided another mode of defense by small companies of citizens as minutemen along the whole line of frontier from the Rio Grande to Red River. All these forces are considered more available for protection against Indians and other marauders than any previous forces in Texas since its annexation to the Union Government. But there is a deficiency in artillery, infantry, and engineering forces for which the Provisional Government is making provision. So there is a better prospect and assurance of protection than has heretofore been given with reference to the interior frontier, and the change of circumstances must super- induce better preparations for defense along the coast. Moreover, the Legislature is in session and has power to provide further against insurrection or invasion if occasion should require. Secession from the Union and connection with the Confederacy caused a necessity for a change in the State constitution, so that the oath of office should have the Confederate States of America snbstitm~ted for the United States of America. One ordinance made this change and another prescribed the times and modes for taking the oath by all present and future officers of the State, declaring a vacancy in case of any failure to take the oath as required. The manner of requirement followed the examples of other States where willing officials were not captious. The lieutenant-governor, commissioner of the general land office (who was opposed to secession), comptroller, State treasurer, attorney- gcneral, all of the supreme and district judges who were in Austin, every member of the State Senate, every member of the House of Rep- resentatives except one, and many county officers who were in Austin, promptly took the oath prescribed by the amended constitution. Of those who thus took the oath a considerable proportion had opposed secession, but the Governor and secretary of state declined to tak Page 199 CONFEDERATE AUTHORITIES. 199 the oath when notified according to the ordinance therefor. There- upon the convention, by another ordinance, declared as consequences that each office was vacant and that the executive powers devolved on the lieutenant-governor. The original State constitution provided that the lieutenant-governor should so act in case of anyvacancyin the office of Governor. And so the lieutenant-governor is performing the executive duties without consent but without resistance by the late Governor, who still claims to be legally in office. In this and other in- stances he has sought out many inventions to array the function- aries of the State government against the convention, which has been obliged to control such official opposition in pursuing the even tenor of the way to render effectual the known public desire for thorough work, to give early security, peace, and quietude. The will of the late Governor has been against that of the people as to their political destiny and the one or the other had to yield. The people could not. At length the Constitution of the Confederate States of America for the permanent Government was received. The convention had previously declared in its ordinance directing the delegates from this State to participate in forming such a constitution that it should not beconie obligatory on this State till approved by the people in such way as should be determined upon. That the people might approve by the existing convention, or that it might provide for another pop- ular election, remained for determination on the arrival of the Con- stitution. Had it contained any unexpected principle so as to make a new case in substance on which the public mind had not been ascertained, the importance of prompt ratification could have yielded to the paramount necessity for another election. But no such neces- sity appeared in any part of the Constitution, which did not depart from the general expectation unless it did so in the excellence of its conformity with the best hope of the people. Former elections, with attending circumstances, left no doubt of the public wish and the corresponding authority of the convention for immediate and final ratification of the Constitution. If the power existed the expedi- enc~ of such a course was commanding for various reasons. The people could not desire to be troubled by another general election without necessity and they felt the importance of early relief from strife within this State as to its political position. Prompt certainty, of course, would justify the Confederate Government in adopting more expensive, effective, and permanent measures for the defense of this State, especially its desolated frontier, than could be expected before a finality. In connection with the defense of Texas, the appearance of uncertainty as to its political position wo4d embarrass the pending arrangements for an alliauce between I~he Confederacy as one party and the Choctaw, Chickasaw, Creek, and Cherokee Nations in concert as the other party. Such hesitation on the part of Texas would tend to produce similar hesitation in Arizona and New Mexico as to their connection with the Confederacy. Such procrastination would operate unfavorably on the neighboring Government and people of Mexico as to desirable negotiations and intercourse. Any appear- ance of doubt that Texas was to be sustained by connection with the Confederacy would stimulate marauding and incendiary efforts, while it would be fuel for faction. Durimig such suspense the postal arrangements for Texas would be embarrassed and retarded, and so as to the judiciary and the revenue. Delay would prostrate trade and commerce. A final connection of this State with the Confederac Page 200 200 CORRESPONDENCE, ETC. without delay would give to it additional strength and promote early success in its negotiations as to peace with the old (4overmnent, as to the procurement of money, as to recognition by other nations, and as to commercial relations. Moreover, the prompt and permanent connection of Texas with the Confederacy could not fail to have a favorable influence on the Border States as inducement for them to abandon their equivocal positions and connect themselves with their more Southern sisters and natural associations. A like influence would materially affect immigration from those States, conducing to the advantage of the immigrants and to the growth of this State. In view of such considerations the convention promptly and finally on the 23d of March ratified, accepted, and adopted the Constitution by a vote of 128 affirmatives to 2 negatives. A copy of this guaranty for our future liberty is annexed to this address as a part of it, so that the public may have a connected view of the progress and result of the recent wonderful political enterprise of the people of fhis State. The people will see that the Constitution of the Confederate States of America is copied almost entirely from the Constitution of the United States. The few changes made are admitted by all to be improvements. Let every man compare the new with the old and see for himself that we still clino~ fathers. ~ to the old Constitution made by our But the connection of Texas with the Confederacy involved a necessity for modifications of our State constitution so that it should be in conformity with our new relation, and another consequent necessity requires that the Legislature should have some extension of power to raise funds within bounds and on terms that would be safe and beneficial for the State. Such modifications were made. The convention realized that other changes of the State constitution were desirable, but its amendments wer~m confined to particulars which were considered to be necessary parts of the great political change. Many other interesting incidents might be stated, but they would cause this address to be tedious, and the foregoing outline may enable the people to take a connected and orderly view of the pub- stance of proceedings by which there has been accomplished a polit- ical reformation which has no parallel, considering the opposing circnmstances and the triumphant successes. The people of Texas have asserted their sovereignty. They have dissolved their connec- tion with a Government whose administrative power had been aug- mented and directed so that it would procure their ruin. They have connected themselves with another Government whose foundations give the most hopeful assurance of permanent constitutional liberty. By two general elections and two meetings~ of th~ convention in a State of vast area within seventy-eight days the whole change of government has been completed. The popular demonstrations have overcome thousands of the Regular Army of the old Government and an opposing minority of citizens without bloodshed. Every citizen, if he will, may look with patriotic pride on the consummated refor- mation whose progress caused no vital interruption in public or private business and whose result is an assurance of the best security and enjoyment which human government can afford. When permanently snccessful such a remodeling of government, embracing our compli- cated system of reserved State rights and delegated confederate authority, may give a better guaranty than all history that our people at least are capable of instituting and maintaining free govern- ment. The convention having finished its work in harmony with th Page 201 CONFEDERATE AUTHORITIES. ~OI Legislature, confides in that body and the present Executive and the judiciary to conduct the State government according to the will and interests of their constituents. The convention congratulates the people on the prompt and thorough accomplishment of their wishes. But some citizens are not satisfied. A large proportion of those who did not favor secession have subsequently acquiesced and many of them have become identified -with it by candid co-operation. But in various parts of the State there are some persons who continue perti- nacious in their opposition. It is not the province of this address to comment on their conduct. Their rights as citizens are not ques- tioned, but their duties are equally unquestionable, and it is proper merely to state their position. Their platform denounces the con- vention as a usurpation and tolerates it only as a partial instrument of the Legislature in submitting the ordinance for secession to a popular election, and declares all its other acts to be with- out authority and void, notwithstanding 46,000 voters indorsed it. Their platform assumes the superiority of the ordinary government over the sovereignty of the people as represented by the convention, and repudiates its acts with singular inconsistency, inasmuch as the Legislature itself in various modes has recognized and approved the convention and co-operated with it as a lawful representation of the people, even asking and obtaining from it for the public good a certain extension of legislative power. Their platform claims a pre- - tended right to use force against the convention and its acts, but for the present defers the exercise of such monstrous power. Time must show whether it is to be asserted by violent action under other cir- cumstances. Their platform appeals to the people against the alleged usurpations by encouraging reaction and disorganization, thereby encouraging discord and strife, to which ends, among other means, it stimulates jealousies and hostilities among various classes of the community. In any practical view of the great crisis there are but two positions for citizens to takeeither with the combined policy of separation from the old Union and connection with the Confederate States, or with the contrary. The former is an existing reality; the latter is in opposition to the constituted authority aiid the public will of Texas. Minor considerations of form must yield to substance. The sovereign will of the people must be sustained. The convention would fain hope for speedy and universal harmony in devoted patri- otism. The coming elections of this year for both State and Confed- erate officers will deserve peculiar attention by the people, so that they may have the best possible guaranties for accomplishing the great objects of our political reformation. It has, not l~een deemed necessary to speak particularly of the question of peace or war. The convention acted with a view to either alternative. The people will be gratified to know that the members of the convention have acted with such mutual courtesy that there has not been a single instance of personality in its deliberations. having finished its business about noon of the 25th of March, the convention, in an orderly manner, adjourned sine die. Its proceed- ings affecting military movements were necessarily secret for the moment, but the injunction of secrecy was removed almost immedi- ately and the world knows now every transaction. The convention will be tried by its works and it feels no apprehension of the freemen of Texas. Invoking the blessings of Heaven on whatever has been properly done by the convention, its members, except the few who have been called to public stations in the Confederacy, return to thei Page 202 202 CORRESPONDENCE, ETC. ordinary pursuits in society to share for weal or woe what has been done in common with their fellow-citizens. For the convention, by its committee: PRYOR LEA, of Goliad. JOHN HENRY BROWN, of Bell. JOHN D. STELL, of Leon. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, I-Iou. J. P. BENJAMIN, ]Iiliontgornery, April 1, 1861. Attorney- General, Mordgomery, Ala.: SIR: The troops now called into the service of the Confederate States constitute the Provisional Army. These troops have been sup- plied by the States upon requisitions of the Department. There is, however, some complication in the several acts of the Congress pro- viding for the Provisional Army, the Regular Army, and a volunteer service authorized by An act to provide for the public defense.~~ There are acts of Congress making provision for the support of each of these distinct military orgammizations, but it is not altogether clear to my mind out of which appropriation the troops now in service shall be paidwhether under the general appropriation act or under the act numbered 66, making appropriation for the volunteer forces. In some sense, and mainly, indeed, if not entir3ly, the Provisional Army is composed of volunteer troops from the different States, but the organization of this force, as provided for by the law creating the Provisional Army, is, in many respects, different from time organiza- tion provided for the volunteer force eo nornirte; and the troops miow in service are called the Provisional forces of the Confederate States. I invite your attention to these several laws and desire your opinion on the point stated, viz, whether the provisional forces now in service, except those at Charleston, for whom special provision is made, can properly be paid and provided for out of the $5,000,000 appropriation for the pay, subsistence, and transportation of such volunteer forces as may be called into service by the President. Respectfully, your obedient servant, L. P. WALKER, Secretary of War. MONTGOMERY, ALA., April 1, 1861. Capt. RAPHAEL SEMMES: (Care of A. G. Hazard, New York.) Schedule up to 2,000; large grain. three -eighths inch thick. Must be more dense than that furnished by H. to United States for experiment. L. P. WALKER. HEADQUARTERS STATE OF SOUTH CAROLINA, Hon. L. P. WALKER, April 1, 1861. Secretary of War: SIR: I received yours of 26th ultimo. I did not mean to say timat in the appointments to the Army you Imad failed to get the best me Page 203 CONFEDERATE AUTHORITIES. 203 for the best places, l)nt only to say that the rule adopted seemed to be different from what was adopted by myself, and so far as it had transferred or changed the relative rank the officers had borne to each other in the South Carolina service, it might produce some tempo- rary complaint, and I only mentioned it as an excuse for what you might hear, and I did not think itthe complaintwould last long. You say there was no comity requiring this Department to appoint in the Army of the Confederate States the officers of the army of South Carolina. Your criticism, therefore, in this particular strikes me as being untenable. I regret you should have so understood my remarks connected with the appointments. I certainly neveiz meant to urge that there was any comity requiring the appointment of officers in the forces of this State, but only stated the circumstances to apologize for any complaints that might be made from our officers because their relative, & c., rank had been changed. You say also, Now, if we adopted the rule to incorporate into the Army of this Government all the officers of the regular armies of the several States, every officer resigned from the service of the United States would be excluded, for there are more offi~ers in the armies of Mississippi and South Carolina than there will be in the Army of the Confederate States. I did not mean to urge the appointment of all our officers into the Regular Army of the Confederate Government, but desired to present their claims, so far as our regular force was concerned, to be retained for their term of serviceone yearas a regular local or gar- rison force on the coast of South Carolina; but if I had urged the appointment of all the officers into the Regular Army, that would not have excluded every officer resigned from the service of the United States, for out of fifteen captains I appointed twelve were actually officers in the U. S. Army, resigned, and none below rank of first lieutenant. A colonel, lieutenant-coloneh and major of infantry were also officers resigned from the U. S. Army. The lieutenant- colonel of artillery was also originally in the U. S. Army. The major of our dragoons was also captain in the U. S. dragoons; so, too, many of our lieutenants were graduates of West Point and in the Army. I merely write to explain that I in reality had no intention to do anything more in my last communication than to explain the position of the officers in the force we have raised, in order that everything might be understood if any temporary excitement (par- ticularly from the first list of appointments published, which turned out to be incorrect) or complaint might be made. I hope everything will be arranged with perfect satisfaction, as the convention is now to decide upon what will be definitely done with all ouiZ. forces. Very respectfully, your obedient servant, F. W. PICKENS. JOINT RESOLUTION in regard to the movement of troops and arms within the limits of this Commonwealth by the General Government. Adopted April 1, 1861. Whereas, the people of Virginia, in convention assembled, are now deliberating as to their future relations with the Governmnent at Washington, D. C., and the non-slave-holding States of the Con- federacy, known as the United States of North America; And whereas, the General Assembly of Virginia (at present sitting) and the Governor of this Comnmonwealth have declared their opposi- tion to the exercise of force against the slave-holding seceding States Page 204 204 CORRESPONDENCE, ETC. and to the organization in, or the marching through, our territory of military expeditions for that purpose; And whereas, in the present unsettled condition of our interstate and Federal relations, it is the highest obligation of duty on all public functionaries to watch vigilantly, an~l prevent or thwart every hostile movement either agaiiist the seceded States or those that may be sup- posed to sympathize with them; And whereas, it has come to the knowledge of this Legislature that a large number of heavy guns, manufactured at Belona Foundry, near the capital of Virginia, under an order of the Ordnance Depart- ment at Washington, D. C., have been ordered to Fortress Monroe, where they can only be needed for the purpose of intimidation and menace to Virginia at present, and of actual hostilities in a certain contingency that may change her future relations to the Federal Gov- ernment and the anti-slavery sentiment it represents: 1. Be it resolved by the General Assembly, That the Governor of this Commonwealth be authorized, and he is hereby directed, in case of the actual attempt of the Federal authorities to transport said guns over the soil of Virginia, to seize and detain said guns for the use of this Commonwealth; and to that end to order out tl~e public guard to arrest the contemplated removal of the guns beyond the reach and control of the government of this State. 2. Resolved further, That the Governor be, and he is hereby, authorized and required, out of the money appropriated for the pur- chase of arms a4 the present session of the General Assembly, by an act passed on the 29th day of January, 1861, entitled an act appro- priating $1,000,000 for the defense of the Commonwealth, to pay to Dr. Junius L. Archer the amount due him, viz, $7,872.47, on his contract for the manufacture of said gnus, and to the Government at Washington the sum of $13,024, which said Government has paid to said Archer on account of his said contract; and the Governor shall require the superintendent of the armory at Richmond to take posses- sion of said guns, and deposit them therein for safe-keeping. DEPARTMENT OF JUSTICE, ]Viiontgomery, April 2, 1861. Hon. L. P. WALKER, Secretary of War: SIR: In order to arrive at a correct solution of the questidns pro- pounded in your letter of 1st instant it is necessary to ascertain the true distinction existing under the legislation of Cong~ess between the provisional forces and the volunteer forces authorized to be called into service. The act of 28th of February, 1861, authorizes the President to receive into service such forces now in the service of said States as may be tendered, or who may volunteer by consent of their State. The act of 6th of March, 1861, authorizes the President to eniploy the militia, military, and naval forces of the Confederate States of America, and to ask for and accept the services of any number of volunteers, not exceeding 100,000, who may offer their services, & c. The forces contemplated by the first law are to form the Provis- ional Army; those under the second law are volunteers. A careful reading ~f the act of 28th of February satisfies me that its provisions embrace only such troops as were then in the service of the States. The words are: Such persons now in the service as may be tendered Page 205 CONFEDERATE AUTHORITIES. 205 or who may volunteer, & c. The words now in the service apply as well to those who volunteer as to those who are tendered. The whole scope of the act is to authorize the President to relieve the sep- arate States (so far as the public service would warrant it) of the troops already levied by them, and the second section of the law shows this also to have been the policy as regards arms and muni- tions. The States were authorized to turn over and make chargeable to the Federal Government such arms and munitions as they then had. The law neither anthorized them to continue to levy troops nor to purchase munitions for account of the Confederate States. Now, in making appropriations for the forces Congress has divided its leg- islation into three acts: First. There is a special act for such part of the provisional forces as is called into service at Charleston. Second. There is an appropriation for the Regular Army and other purposes. This appropriation law consists of two sections only. The first appropriates certain sums for the Regular Army. The second authorizes you, under the direction of the President, to apply any portion of these sums to the support of the provisional forces which may be called into the service. Third. There is an appropriation of ~5,OOO,OOO for such volunteer forces as may be called into service, & c. It seems to me that the action of Congress is plain and clear that there is no appropriation for the provisional forces except under the first two acts, and that the appropriation in the third act iS not applicable at all to any provisional forces. I see no complication in the law. But the facts as stated in your letter give rise to a diffi- culty in the application of the law. From the very force of circum- stances, from the exigency of public affairs, you have not been able to keep your provisional forces distinct from your volunteers. You have not had the men raised by the States transferred to you in the manner anticipated by the Congress. State troops and volunteer companies and battalions are all fused into one force that is called the Provisional Army. It is thus impossible to apply the appropria- tions in strict accordance with the letter of the law. I cannot answer your question otherwise than to say that under the law neither of the appropriations is applicable to your whole Provisional Army as now constituted; that the only course that seems practicable is to make a calculation as nearly exact as possible of the relative proportions Ot volunteers and provisional forces that now compose your Provisional Army, according to the distinction between these two classes of forces above set forth, and to draw from the ~5,OOO,OOO appr~priatmon such proportion as is applicable to the volunteers, and from the appropria- tion for the Regular Army the remainder of the sum. This latter sum, however, to be drawn only under the direction of the President iii compliance with the express provisions of the act. Your obedient servant, J. P. BENJAMIN. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, ]Jilionlgomery, April 2, 1861. His Excellency A. B. MOORE, Montgomery, Ala.: DEAR SIR: Being informed that you are still engaged in enlisting men, in the expectation that they will be transferred to the Confede Page 206 206 CORRESPONDENCE, ETC. ate States, I deem it proper to call your special attention to the phra- seology of the act of Congress to raise provisional forces. . I do this to prevent misapprehension in the future. The third section of that act is in these words: That the President be authorized to receive into the service of this Government such forces now in the service of said States as may be tendered, or who may vol- unteer by consent of their State, in such numbers as he may require, for any term not less than twelve months, unless sooner discharged. A careful reading of this act satisfies me that its provisions embrace only such troops as were then in the service of the States. The words are, Such forces now in the service of said States as may be tendered, or who may volunteer, & c. The words now in service apply as well to those who volunteer as to those who are tendered. The whole scope of the act is to authorize the President to relieve the separate States (so far as the public service would warrant it) of the troops already levied by them. With this view of the law, to which I invite your attention without official formality, it might be well to consider the propriety of further enlistments, this Government having no power to receive them into the provisiommal forces. Very respectfully, your obedient servant, L. P. WALKER. (Similar letter to His Excellency Joseph E. Browii, Milledgeville, Ga.) MACON, April 2, 1861. L. P. WALKER: When the troops leave Georgia they are under no law till they are mustered into the service. The officers object to leave the State till it is done. If you desire the troops please designate at once sonic one to muster them in here. JOSEPH E. BROWN. Governor J. E. BROWN, MONTGOMERY, April 2, 1861. Macon, Ga.: The troops will be mustered into service at Pensacola, but trans- portation has been provided from Macon as I wrote you. L. I~. WALKER. Governor JOSEPH E. BROWN, MONTGOMERY, April 8, 1861. Macon, Ga.: I cannot make an exceptional case of the Georgia troops, although anxious to oblige you as far as possible. The troops of the other States intended for service at Pensacola are mustered into service at that point. I desire to know without delay whether that arrange- ment will suffice? L. P. WALKER Page 207 207 CONFEDERATE AUTHORITIES. At a convention of the people of the State of South Carolina, reas- sembled by appointment of the president thereof, at Charleston, on the 26th day of March, in the year of our Lord 1861, and thence con- tinned by divers adjournments to the 3d day of April, in the same year: AN ORDINANCE to ratify the Constitution of the Confederate States of America. We, the people of South Carolina, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the State of South Carolina does hereby assent and ratify the articles of compact called the Constitution of the Confederate States of America, adopted at Montgomery, in the State of Ala- bama, on the 11th day of March, in the present year (1861), by the convention of delegates from the States of Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, and Texas, and does hereby agree, with such other of the said States as shall ratify the same, to enter with them into a federal association of States upon the terms therein proposed. Done at Charleston the 3d day of April, in the year of our Lord 1861. D. F. JAMISON, President of the Convention. A~ttest. B. F. ARTHUR, Clerk of the Gonvention. MACON, GA., April 4, 1861. Hon. L. P. WALKER, Secretary of War: SIR: After much difficulty I have succeeded in getting the consent of the troops to go to Pensacola to be mustered into the service. One strong point made against it has been that you may possibly reject some of the troops when they get there who might be considered physically unable to do duty or from other causes, and they would then be discharged at a distance from home and at a heavy cost to them before they could get back. If mustered in here and any one should be rejected he would be near his home, and the cost and dis- appointment not so great. Again, they would not consent to go if they knew there would be any difficulty about their regimental sur- geons, & c. I have appointed able and experienced surgeons with the regiment who have their full confidence; also with the battalion. The regiment consists of ten companies, organized as a regiment according to the laws of this State. The battalion com~ists of four companies, commanded by a major. The battalion is also organized in accordance with the laws of the State. I tender these troops for the shortest time for which they can be received juto the service of the Confederate States, which I believe is twelve months, unless sooner discharged, under the provisions of the act of Congress upon that subject. An account of the expense of equipping and preparing the regiment and battalion for service will be made out and forwarded to you. I understand by your requisition that the troops are intended for service at Pensacola and not for service on the frontier. I have so assured them. I have the honor to be, your obedient servant, JOSEPH E. BROWN Page 208 208 CORRESPONDENCE, ETC. At a convention of the people of the State of South Carolina, reas- sembled by appointment by the president thereof at Charleston, on the 26th day of March, in the year of our Lord 1861, and thence con- tinued by divers adjouruments to the 5th day of April, in the same year: Resolved, That so soon as the Government of the Confederate States of America, created by the Constitution, which has been now ratified, shall be securely estab- lished and in peaceful operation, the State of South Carolina ought to demand that, two other States concurring, the Congress shall summon a convention of all the States to take into consideration the following amendments to the said Constitution, to wit: 1. To amend the second section of the first article by striking out from the third clause thereof the following words, to wit, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and the words, three-fifths of all slaves, and inserting after the words respective numbers the words including slaves. 2. To strike out the second clause of the sixth section of the first article, and insert the Congress shall not contract any debt, except for war purposes; and all expenditures in excess of revenues from imports (which shall not exceed 15 per cent. ad valorem) and other sources shall be met by direct taxation, to be provided for by the Congress authorizing the expenditure. 3. In lieu of the first and second clauses of the ninth section of the first article to insert the following: Congress shall have power to prohibit the importation or introduction of slaves from any region not a State or Territory of this Confed- eracy. 4. To amend the third section of the fourth article by adding to the first clause thereof the words, nor shall any State in which African slavery does not by law exist be admitted without the consent of all the States, expressed through their respective Legislatures. iDone at Charleston the 5th day of April, in the year of our Lord 1861. D. F. JAMISON, President of the Convention. Attest. B. F. ARTHUR, Clerk of the Convention. CONFEDERATE STATES OF AMERICA, TREASURY DEPT., Montgomery, April 6, 1861. Hon. L. P. WALKER Secretary of War: SIR: It is in contemplation, under the authority vested by law in the Secretary of the Treasury, to issue Treasury notes at an early day, and I have to request you to instruct all disbursing officers of your Department whenever they pay out Treasury notes I~t note specifically on the back of each note paid out by them the date of said payment, as from that date interest upon the same will commence to run against the Government, and not from the date on the face of said notes. While the Treasury notes remain in the hands of th~ disbursing offi- cer the Government will not be liable to interest, but as soon as they pay them out the liability for interest will commence. These instruc- tions should be given as soon as possible, so that the rights of the parties receiving and the Government issuing may be understood and protected. Very respectfully, C. G. MEMMINGER, Secretary of the Treasury Page 209 CONFEDERATE AUTHORITIES. 209 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April 6, 1861. General GOLDTHWAITE, Adjutant and Inspector General of Alabama: SIR: Your communication of this date is received. The order you request will be transmitted to Captain White, in command of the arsenal at Mount Vernon. I desire to know when the men enlisted prior to the 28th of February will be transferred to the Confederate Government as part of the provisional forces, and also at what time the men enlisted by Captains Gee and Loomis subsequent to that date will be organized into volunteer companies. It is necessary that I should know this, that an officer may be directed to recruit for the Regular Army of the Confederate States such of the men enlisted by your State as would not go into the provisional forces or be organized into volunteer companies. Very respectfully, L. P. WALKER. ADJT. AND INSP. GEN.S OFFICE, STATE OF ALABAMA, Montgomery, April 6, 1861. Hon. L. P. WALKER, Secretary oJ War: SIR; In answer to the inquiries propounded in yours of this date I have to state that it is confidently expected that the volunteer com- panies required to fill the contingent at Fort Morgan will be organized during the coming week. As soon as that is done the recruits enlisted up to the 28th of February last will be transferred to the Provisional Government. For reasons which will readily occur to you, I would sug- gest that the recruiting should not commence until the organization of the volunteer companies is effected. Very respectfully, your obedient servant, GEO. GOLDTIIWAITE, Adjutant and Inspector General of Alabama. Governor T. 0. MOORE, MONTGOMERY, April 6, 1861. Baton Rouge: Would be glad if you would transfer to Confederate Government your hospital stores. Dr. David C. De Leon is in New Orleans, authorized to receipt for them. Advise him of your conclusion. L. P. WALKER. WAR DEPARTMENT, ADJT. AND INSP. GEN.S OFFICE, Montgomery, April 6, 1861. Surg. D. C. DE LEON, New Orleans, La.: SIR: In connection with your purchase of medical supplies in New Orleans for the troops at Pensacola Harbor, you are directed to com- municate with the Governor of Louisiana at Baton Rouge in regard to the medical stores formerly belonging to the United States in New Orleans, which were turned over to the State. From this stock you 14 R RSERIES IV, VOL Page 210 210 CORRESPONDENCE, ETC. will fill your requisitions as far as possible before making purchases elsewhere. A large portion of these stores is understood to be at Fort Pike. Very respectfully, your obedient servant, S. COOPER, Adjutant and Inspector General. GENESEE, April 7, 1861. JEFFERSON DAVIS: SIR: Knowing the fidelity of the Southern people, and trusting to their honor as the friend of the white man instead of Black Repub- licans, we wish to come and participate in the coming campaign, if you can assign us a place. Although we have not been with you, our hearts have. We have lodges formed all through the States of Penn- sylvania and New York. They are some like the Freemasons. We have been trying to get money to take our little band to the cotton States. We have 10,000 men enlisted for the Confederate States, and they are all ready to start, except for the want of money. We have turned all our property into money that we could and got it all together, and then appointed a committee to make the arrangements for the transportation of the men to the cotton States. We have all our arms and equipage and nearly money enough to come with. After close figuring we lack just $11,347, and if you will send us that amount we soon will be with you, and to be stationed at your pleasure. We a~k no pay for our services except a home in the new Confederacy. As we live in the free States we know much that is going on and what is the intention of the Black Republicans, ~and that is a descent on New Orleans by way of the Mississippi River and the Gulf, and we wish to get there to give them fight, and by our coming there will be more of the North to help you, as France did when Lafayette caine to America. I have read this to the committee, and they say it will do. Please express the money to Olean, Cattaraugus County, N. Y., and also write me a letter when you express the money, and direct to Brindle- ville, Potter County, Pa. Now follow my directions and it will be all right, and give inc your orders and the men shall come just where you say. Send us some gold, as Southern money, or rather bank notes, will not pass here. CHARLES W. C. MACOMAC, Chairman of the Committee and Boai-d of Managers. Put nothing but my name on the letter, and a check for the money. My address, Brindleville, Potter County, Pa. [Indor8ement.] Secretary of Wars attention. Curious. J. D. WASHINGTON, D. C., April 8, 1861. Hon. L. P. WALKER: Do you want arms? Ten thousand Colt pistols, army and navy size, and 2,000 Sharps rifles are offered to be delivered at Richmond. Answer immediately. JOHN FORSYTH Page 211 CONFEDERATE AUTHORITIES. 211 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April 8, 1861. His Excellency FRANCIS W. PICKENS, Charleston, S. C.: SIR: The discontinuance by the United States of negotiations with the commissioners representing this Government, of which doubtless you have before this been made aware, leaves no doubt as to the policy we should pursue. A large force will probably, and if at all, almost immediately, be needed to resist the coercive measures of the Wash- ington Administration. To meet this condition of affairs this Depart- ment, acting with reference to the power vested in the Executive by the act of the Congress entitled An act to provide for the public defense, suggests to Your Excellency the necessity of calling at once for 3,000 volunteers, to be drilled, equipped, and held in instant readi- ness to meet any requisition from this Department. These troops will, of course, not be receiving pay until they shall be mustered into service, but the emergency is so pressing that Your Excellency will fully appreciate the great importance of thorough preparation, espe- cially in regard to instant capacity to move. A similar request has been addressed to the Executive of each of the Confederate States. Asking an early reply to the suggestion above made, I am, very respectfully, your obedient servant, L. P. WALKER. (The same, mutatis mutandis, to the Governors of Alabama, Flor- ida, Georgia, Louisiana, Texas, and Mississippi. That to Governor of Florida calls for only 1,~00 men. SPECIAL ORDERS, ADJUTANT-GENERALS OFFICE, No. 17. Montgomery, April 8, 1861. I. Maj. Josiah Gorgas, of the Corps of Artillery and Ordnance, is assigned to duty as chief of the Bureau of Ordnance. II. Capt. John Withers, assistant adjutant-general, is assigned to duty in the Adjutant-Generals Office from the 3d instant. * * * * * * * By order of the Secretary of War: S. COOPER, Adjutant- General. EXECUTIVE DF3PART1VtENT, Montgomery, Ala., April 8, 1861. Hon. L. P. WALKER, Secretary of War, Montgomery, Ala.: SIR: You will please inform me at your earliest convenience whether or not the Government of the Confederate States desires to take the corn purchased by the State of Alabama. Very respectfully, your obedient servant, A. B. MOORE. [APRIL 5, 1861.For resolution of the convention of South Caro- lina, authorizing the Governor to raise such number of volunteer regiments as General Beauregard may require, see Series I, Vol. I, p. 298. Page 212 212 CORRESPONDENCE, ETC. SAINT CHARLES HOTEL, New Orleans, April 8, 1861. Hon. L. P. WALKER, Secretary of War, iVilontyomery, Ala.: SIR: I have the honor to report that on examination I find a large supply of medicines, instruments, & c., captured from the purveying department, U. S. Army, in the city, which will supersede the neces- sity of buying but a small proportion of the articles required. I have telegraphed the Governor of the State to have them turned over to me. If you authorize me I will receive them and issue them to Pen- sacola and buy only a small quantity of articles deficient. I tele- graphed you this morning for permission. Colonel Gladden, com- manding the Louisiana Volunteers, will send his command, one detachment, in a day or two to Pensacola, and the second soon after. Two more assistant surgeons had been sent to General Bragg from here before my arrival. Forts Pike and Macomb, of the Confederate Army, will require (the two) one surgeon (assistant); Forts Jackson and Saint Philip (the two) one assistant surgeon. Fort Livingston, eighty miles from New Orleans, will have a detachment of twenty- four men and officers, if you wish, and an assistant surgeon for that post also. It will be necessary to employ three assistants for these points. I informed Colonel Gladden that no authority has been dele- gated to me to employ surgeons. If you wish me to attend to this matter please write me, and also the pay they are to receive. Two capable surgeons will go with the Louisiana troops to apply for tem- porary duty, recommended by the Governor and surgeon-general of Louisiana for employ. I would respectfully suggest that many valu- able old soldiers, artillerists and others, are rejected by too rigi4 an examination, and that more would be recruited if a less rigid system than the U. S. Army was required for the present. Please instruct me where I shall report after attending to supplying Pensacola with medical stores, & c. I have the honor to be, very respectfully, your obedient servant, D. CAMDEN DE LEON, Surgeon, 0. S. Army. WASHINGTON, April 9, 1861. Hon. L. P. WALKER: Have ordered 2,000 Colt new army pistols, at $25; Sharps carbine, new (army) improvement, held at $30; Sharps rifi~, with sword-bayo- net, $42.50; Colt carbine, $30. Two hundred to three hundred tons Hazards (Government) powder offered at 20 cents. Answer immedi- ately. JOHN FORSYTH. MONTGOMERY, April 9, 1861. Hon. JOHN FORSYTH, Washington: The rifles are too high. Would take 2,000 Sharps rifles, with sword- bayonets, at $~0. Do not want the other guns. If the powder has been tested and is cannon-powder will take it. You had better ascer- tain and know certainly all about it. Answer fully. L. P. WALKER Page 213 CONFEDERATE AUTHORITIES. 213 WASHINGTON, D. C., April 9, 1861. Hon. L. P. WALKER: The prices named for rifles and carbines are the lowest market, and in great demand. Probably they could not be had twenty-four hours hence. The powder mentioned at 20 cents is the best Government, and the highest-priced cannon-powder is cheaper. How much powder shall I order? Both arms and powder offered at prices paid by this Government. JOHN FORSYTH. MONTGOMERY, April 9, 1861. Hon. JOHN FORSYTH, Washington: Two thousand Colt pistols; 2,000 Sharps rifles. The former at $25; the latter at $22.50. L. P. WALKER. MONTGOMERY, April 9, 1861. TUCKER, COOPER & Co., No. 70 South Street, New York: Increase weekly supply of rope [gunpowder] to the utmost. L. P. WALKER. EXECUTIVE DEPARTMENT, Montgomery, Ala., April 9, 1861. Hon. L. P. WALKER, Secretary of War: SIR: Your letter of yesterdays date, requesting me to call for 3,000 volunteers, to be drilled, equipped, and held in readiness the most perfect, to meet any requisition from your Department, has been received. You do not specify the character of the troops whose services you anticipate may be needed, and I therefore beg leave to inquire whether cavalry companies will be received, and if so, how many? Very respectfully, your obedient servant, A. B. MOORE. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April 9, 1861. His Excellency A. B. MOORE, Montgomery, Ala.: SIR: I am instructed by the Secretary of War to state that in his letter dated yesterday, making a conditional call on Your Excellency for 3,000 volunteers, he omitted to state the description most desirable for the service contemplated. He now desires me to say that the Department wishes the whole force to be infantry, unless Your Excellency should be able to furnish two companies of artillery. Respectfully, your obedient servant, J. J. HOOPER, Private Secretary. (Similar letters to F. W. Pickens, Charleston, S. C.; J. J. Pettus, Jackson, Miss.; Thomas 0. Moore, Baton Rouge, La.; M. S. Perry, Tallahassee, Fla.; Joseph E. Brown, Milledgeville, Ga.; Governor of Texas, Austin, Tex. Page 214 214 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April 9, 1861. His Excellency A. B. MOORE, Jllontgomery, Ala.: SIR: Replying to your note dated yesterday, I beg to say that this Government is prepared and anxious to receive all of the corn pur- chased for the State of Alabama which may be sound and merchant- able, and the Department had supposed that this was understood by Your Excellency. Very respectfully, your obedient servant, L. P. WALKER. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April 9, 1861. His Excellency JOSEPH E. BROWN, Miilledgeville, Ga.: SIR: Your letter of the 4th instant has not been answered earlier becanse of the extreme pressure on the Department growing out of the present crisis in public affairs. Your Excellency will, I am sure, appreciate the embarrassments which have surrounded this Depart- ment, in view of the many which must have impeded Your Excel- lencys administration of similar affairs for the State of Georgia. The rule of the Department requiring the troops for the Provisional Army derived from the several States to be mustered in at Pensacola was general, and has been complied with in respect to all the troops except only those whom Your Excellency requested to be mustered in at Macon. It was therefore impossible to abrogate the rule, for that would have given just cause of offense to the State which has already complied with it. Touching the objection suggested by Your Excel- lency, that under the rule referred to such of the men as should be rejected on inspection would be discharged at an inconvenient distance from their homes, I beg to say that I have no doubt but that this Gov- ernment will defray the expense of transportation and necessary temporary subsistence in the case of such rejected men. On the subject of the appointment of surgeons for the Georgia troops, I beg to say that this Department will endeavor, as far as possible, to make its action correspond with that of Your Excellency, and with that end in view I must reqnest Your Excellency to transmit me a list of the surgeons and assistants for your troops; and with reference to the possibility that the Depa~tment~ may be unable to make acting assistant surgeons of all your appointees, you will oblige me by indicating the names you prefer to be retained and in the order of your preference. Your Excellencys understanding of the point at which the Georgia quota is to serve is correct. Very respectfully, your obedient servant, L. P. WALKER. SAVANNAH, April 9, 1861. Hon. L. P. WALKER: Have you called for more troops from Georgia? For what destina- tion? F. S. BARTOW Page 215 CONFEDERATE AUTHORITIES. 215 NEW ORLEANS, April 9, 1861. Hon. L. P. WALKER, Secretary of War, Montgomery, Ala.: SIR: I have the honor to report that the Governor of Louisiana has turned over to me the public property of the medical department captured from the United States. I will send off to-morrow supplies sufficient for Pensacola. There is a surplus of some articles and a deficiency of others. For the purchase of hospital stores, medicines, and instruments not on hand $2,000 in money will be necessary. Please send it to me at your earliest convenience. It will be neces- sary to have a medical officer of experience stationed here as medical purveyor in charge 9f the stores of the department and to make purchases. In an economical point of view it is essential, as well as the urgent necessity of supplying the different points with celerity. I will give a certified invoice to the State officer of the supplies turned over, and a Government officer must be responsible for them. I have given out proposals for further supplies when needed, and will find the lowest bidder who will furnish good supplies. I have informed you of the number of medical officers now sent to Pensacola to Gen- eral Bragg. The two officers now on duty with the Louisiana regi- ment, I would suggest, should be employed in Government service, through courtesy to the Governor and colonel of the regiment, who desire it. I am, sir, very respectfully, your obedient servant, D. CAMDEN DE LEON, Surgeon, 0. S. Army. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April 9, 1861. Capt. WILLIAM MAYNADIER, Frankford Arsenal, Bridesburg Post-Office, near Philadelphia: SIR: I hereby offer you the appointment of Commissary-General in the Army of the Confederate States of America, and I have to request that you will signify your acceptance or non-acceptance at the earliest moment by telegraph, stating, also, if you accept, the time at which you can arrive in this city. Respectfully, your obedient servant, L. P. WALKER. MILLEDGEvILLE, April 10, 1861. Hon. L. P. WALKER: The Washington Artillery Company, of Augusta, Captain Girardey, held meeting last night and announced ready. They are subject to your order in future. Much confusion will be avoided if you will make your requisitions for troops on me in the first instance before you make a call on the militia companies of this State, as I might be better acquainted than you can be with the best selection of com- panies for the service. JOSEPH E. BROWN Page 216 216 CORRESPONDENCE, ETC. JOSEPH E. BROWN, MONTGOMERY, April 10, 1861. Miledgeville: No requisition has been made except through yourself in the first instance. The call for Hills company was made for the reason pre- viously stated. You may feel satisfied that I shall regard all the courtesies. L. P. WALKER. NEW HAVEN, CONN., April 10, 1861. Hon. JEFFERSON DAVIS: M~ DEAR SIR: I am a native of Tennessee, the stepson of the Hon. John Bell, of that State; the brother-in-law of Capt. John Pope, of the topographical engineers, the relative of Mrs. Mary McRee, in whose husbands company you served as lieutenant. I enter into this personal detail that I may, in some degree, prove to you that my connections are respectable, and that my statements and propositions may be received with some confidence. From present indications war seems to be resolved upon. If this dread contingency should arise, I can, without the slightest difficulty, raise and equip from this city two companies of 100 men each to serve under your command, every man a Democrat, upon whom you can rely. I have an independent fortune, and do not ask pecuniary assistance from any quarter. I only ask from you that you will receive these companies and grant for the war commissions to such officers as they may elect. I am a lawyer by profession, a graduate of Yale College, served in the Mexican war, was present at the siege of Vera Cruz and the battle of Cerro Gordo, and on account of my health have resided in this city for the past six years. Mr. Toombs is acquainted with my family, and will, I doubt not, assure you of its respectability; but I believe you know my mother, Mrs. John Bell, whom you have met in Washington. With my most ardent wishes for your personal welfare, and for your successful administration amid the difficulties and embarrass- ments which encompass you, I remain, with great personal esteem, most respectfully, your friend, THOMAS YEATMAN. JOHN FORSYTH, MONTGOMERY, April 10, 1861. Washington, D. U.: Will take, to be delivered at once, ninety tons cannon and ten tons musket powder. Let there be no mistake as to its quality, and let me know terms, & c. Will not take rifles. L. P. WALKER. L. P. WALKER, WASHINGTON, April 10, 1861. Secretary of War: I have ordered 200 tons best Hazards cannon-powder at price paid by United States Government, to be delivered in same manner as the pistols. JNO. FORSYTH Page 217 CONFEDERATE AUTHORITIES. 217 GENERAL ORDERS, EXECUTIVE DEPT., ADJT. GEN. S OFFICE, No. 5. Milledgeville, Ga., April 10, 1861. The Government of the Confederate States having made a contin- gent requisition upon this State for 3,000 volunteers, to be well drilled, equipped, and held in instant readiness to meet any requisi- tion from the War Department, the Governor and commander-in- chief invites offers of service from the volunteer companies of the State, to serve not less than twelve months, unless sooner discharged, and to go wherever required. No company will be received that has less than fifty or more than eighty, rank and file; that is not provided with a plain service uniform and a change of underclothing; that is not well drilled, and that does not pledge itself to march at a moments notice when and where ordered. Knapsacks, haversacks, canteens, and camp equipage will be supplied to the companies when actually called out. Tenders of service under this invitation will be addressed to this office and will be accompanied by accurate muster-rolls of the officers, non-commissioned officers, musicians, and privates composing the company and by correct lists of the arms (kind and condition), accouterments, equipments, tents, and other military property in the possession of the company deemed of use. Each individual enrolled will be regarded as having pledged himself to the reqnirements of this order. Cavalry and artillery companies are not included in the call. By order of the commander-in-chief: HENRY C. WAYNE, Adjutant- General. JACKSON, Miss., April 10, 1861. Hon. L. P. WALKER: The papers publish that a call for 3,000 troops from Mississippi has been made. Is it true? JOHN J. PETTUS. MONTGOMERY, April 10, 1861. Governor JOHN J. PETTUS, Jackson, Miss.: The call is conditional, to be held in readiness for emergency. Have written to you fully. L. P. WALKER. MONTGOMERY, April 11, 1861. Hon. JOHN FORSYTH, Washington: Is the powder ready for delivery? If not, we have an order cover- ing the point. The object in replying as I did to you was to get immediate supply. If to be manufactured, nothing is gained. The order to you was for ninety tons cannon and ten tons musket powder. Reply specially, and state time of delivery. L. P. WALKER. EUTAW, April 11, 1861. Hon. L. P. WALKER: DEAR SIR: I see it stated in the papers, whether reliable or not I am unable to say, that our commissioners have been refused at Wash Page 218 218 CORRESPONDENCE, ETC. ington; that the prospect of immediate war is imminent, and that a requisition has been made on Alabama for 3,000 additional volunteers. Please advise me how much of all this is true, and if there is a call for more men from Alabama what is the prospect for immediate and active service? What is the term of service? If a battalion or regi- ment organized and officered is raised, will it be received as such as a part of the quota of volunteer troops required from Alabama? Please write me fully immediately. Your friend, S. F. HALE. MONTGOMERY, April 11, 1861. Maj. E. KIRBY SMITH, Saint Augustine, Fla.: Your presence is wanted here. Come at once. S. COOPER. EXECUTIVE DEPARTMENT, Miilledgeville, April 11, 1861. Hon. L. P. WALKER, Secretary of War: SIR: Your requisition for 3,000 more volunteers, to be held in readi- ness to respond to any future order from your Department, has been received, and I have ordered the adjutant-general to -issue a general order to the volunteer companies of this State informing them of the fact and inviting such as desire to enter the service to report immedi- atelyi~o this office. * I apprehend no difficulty in procuring a sufficient number to fill the requisition if they should be needed. We will do all in our power to be prepared with tents, accouterments, & c., which we have made at the Georgia penitentiary, which has to sustain itself. It will therefore require the payment of cash from the Confederate States for these supplies when furnished. It is perhaps proper that I should here mention that you will be expected to appoint some one to muster the volunteers into the service of the Confederate States while in this State, if they are destined for service out of the State, before the next regiment will be ordered to rendezvous for service out of the State. The sending of Georgia troops into other States to be mustered into service is attended with so much confusion and diffi- culty that I cannot recognize the instance of~ the regiment lately sent under peculiar circumstances as a precedent. As I wish no misun- derstanding about this matter in future, I think it best to notify you of my conclusion in advance of a call for actual service, so that you may designate the officer who will perform that service in advance of a call by me for the rendezvous of the troops. I have every wish to accommodate, and Georgia will at all times be ready to do her part; but she will insist on having her rights and wishes respected when she is claiming the recognition of a principle of justice to her troops, as well as of obvious propriety. The adjutant-general or any other officer here under your appointment might perform the service. Very respectfully, & c., JOSEPH E. BROWN. *See p. 217 Page 219 CONFEDERATE AUTHORITIES. 219 [APRIL 11, 1861.For Pickens to Walker, in relation to call for 3,000 volunteers from South Carolina, see Series I, Vol. I, p. 304.] Proclamation by the President of the Confederate States of America. Whereas, an extraordinary occasion has occurred, rendering it nec- essary and proper that the Congress of the Confederate States shall convene to receive and act upon such communications as may be made to it on the part of the Executive: Now, therefore, I, Jefferson Davis, President of the Confederate States, do issue this my proclamation, convoking the Congress of the Confederate States for the transaction of business at the capitol, in the city of Montgomery, on the 29th day of April, at 12 oclock noon, of that day, of which all who shall at that time be entitled to act as members of that body are hereby required to take notice. Given under my hand and the seal of the Confederate States, at Montgomery, this 12th day of April, A. D. 1861. [L.s.] JEFFERSON DAVIS. By the President~ R. TOOMBS, Secretary of State. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, lliliontgomery, April 13, 1861. Hon. S. F. HALE, Eutaw, Ala.: SIR: The Secretary of War instructs me to say, in reply to your letter of the 11th instant, that the events of the last two days he does not doubt will have solved the most material question it con- tained. The war has commenced, and for more than thirty hours the bombardment of Fort Sumter has been steady and well managed, and so far with results that seem to favor the idea of its early reduction. The call on the several State Executives to which you refer was, as you will have seen, conditional. It may be made absolute soon, but that will depend on events. This Department receives the troops furnished by the several States only through their respective Gov- ernors. It will therefore be proper for the regiment or battalion for which you write to make its application to Ijis Excellency the Governor of Alabama. Respectfully, your obedient servant, J. J. HOOPER, Private Secretcxry. MARIETTA, April 13, 1861. Hon. L. P. WALKER, Secretary of War, Montgomery, Ala.: SIR: I desire to communicate a fact, which you can use as you may think best. Capt. Arnold Elzey is at present in command at Old Point Comfort. He is a Marylander, and despairing of his State seceding and connecting herself with the Confederate States, is unwilling to remain longer in his present position. Captain Elzey has sympathize Page 220 220 CORRESPONDENCE, ETC. with the Southern movement from the first. He was in command of the Augusta Arsenal, where he acted very handsomely. You may rely on this information, for I know it to be correct. As to your informant, I refer you to Governor Cobb. Very respectfully, WM. PHILLIPS. Hon. 1. P. WALKER: BARRANCAS, April 18, 1861. SIR: Excuse me for addressing you personally upon the subject that I am about to introduce; but having exhausted all the regular modes, I now apply to you. I do so with more confidence, knowing that it is your wish that the men from your section of the State should, when called upon, give a good account of themselves. To the subject: Three of the companies under my command are entirely destitute of accouterments and almost of clothing. My officers have made their requisitions upon the usual source of supply, but have always received in reply that they had nothing on hand. Men cannot fight unless they have something in which to carry their ammunition, nor make a respectable appearance unless they are properly clothed. If there is any source unknown to us where these very needful articles can be had, please inform me and you will receive the thanks of my entire command. With much respect, your obedient servant, J. G. COLTART, Lieut. Col. Third Battalion, Alabama Twelve-Months Vols. ADJUTANT AND INSPECTOR GENERALS OFFICE, Capt. CALEB HUSE, Montgomery, April 15, 1861. Corps of Artillery, Confederate States, on ordnance duty: SIR: You are hereby directed to proceed to Europe, without unnec- essary delay, as the agent of this Government, for the purchase of ordnance, arms, equipments, and military stores for its use. Detailed instructions as to the nature and extent of those purchases and as to their shipment, with a view to speedy and safe transit, will be given to you by the chief of the Bureau of Ordnance. You will, in addi- tion to these duties, execute such instructions as may be given to you by heads of other departments of this Governmemft in reference to their several departments. You will keep this Department constantly advised of your address, and after executing the instructions now given to you and such as may hereafter be sent to you, you will return and report yourself in person to the War Department. Respectfully, your obedient servant, S. COOPER, Adjutant and Inspector General. [APRIL 15, 1861.For Magoffin to Cameron and Ellis to Cameron, refusing to comply with the requisition of President Lincoln for militia from the States of Kentucky and North Carolina, respectively, see Series III, Vol. I, pp. 70, 72. Page 221 CONFEDERATE AUTHORITIES. 221 RICHMOND, VA., April 15, 1861. Hon. L. P. WALKER, Secretary of War: DEAR SIR: In compliance with the instructions contained in your letter of the 6th instant, I have made every effort to purchase for the Confederate States the ordnance at the Belona Foundry enumerated in your communication to me. At one period there was every pros- pect of my entire success, but recent events have decided the author- ities here to secure the guns for the defense of Virginia, and they will at once be put in position with that object. Both the Governor and lieutenant-governor assure me that they have been thus appropriated. Under these circumstances my further stay in Virginia becomes unnecessary, and I shall return to Savannah without loss of time. No communication from the Department has reached me since my arrival, though I have twice telegraphed that I could obtain a com- plete field battery, with horse harness, spare carriage, & c. Au officer of the Confederate service is here to inspect the ordnance that may be turned out at the Tredegar Works. I have the honor to be, very respectfully, your obedient servant, EDWD. C. ANDERSON. FRANKFORD ARSENAL, PA., April 15, 1861. Hon. L. P. WALKER, Montgomery, Ala.: SIR: On receipt of your letter of the 9th instant I informed you (by telegraph, as you requested) that I could not accept the offer therein made. Acknowledging the compliment paid me bythe offer of a position of such rank and dignity, but which the dictates of conscience, of honor, and of duty now forbid me to accept, I am, very respectfully, your obedient servant, WM. MAYNADIER. [APRIL 15, 1861.For Pickens to Davis, reporting action taken to meet requisition for troops from South Carolina, see Series I, Vol. LIII, p. 144.] CONFEDERATE STATES OF AMERICA, WAR DI~PARTMENT, Mont gornery, April 16, 1861. His Excellency the GOVERNOR OF ALABAMA: SIR: In addition to the 3,000 troops for which I had the honor, under date of the 8th instant, to make a conditional call on the State of Ala- bama, I now beg leave to request Your Excellency to hold in readi- ness for instant movement 5,000 volunteer troops, armed and equipped, or as nearly so as practicable, and subject in all respects to requisi- tion from this Department as the troops called for in my letter of the 8th instant. This call is precisely similar, except as to number, and in addition to that for the 3,000. The importance of holding the entire force now and previously called for in absolute readiness Your Excel- lency will fully appreciate, in view of the hostile purpose of the Wash- ington Government, as indicated in the recent proclamation of th Page 222 222 CORRESPONDENCE, ETC. President of the United States, which has just reached this Depart- ment, and which, in the opinion of this Government, makes this addi- tional call necessary. Very respectfully, your obedient servant, L. P. WALKER. (The same, mutatis mutandis, to the Governors of Florida, Georgia, Louisiana, Mississippi, South Carolina, and Texas, Florida being called upon for 2,000 men.) [APRIL 16, 1861.For Walker to iliudman, in relation to accept- ance of troops from States not yet members of the Confederacy, and especially as to Arkansas, see Series I, Vol. I, p. 684.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Lieut. Col. ~. G. COLTART, Montgomery, April 16, 1861. Pensacola: SIR: Your letter of the 13th instant has been received by the Sec- retary of War, who instructs me to reply to it. It is a source of very great regret to the Secretary that any of the troops in the service should be without supplies necessary either to their efficiency or com- fort, and in the case of which you speak his personal interest is added to his sense of justice as the head of this Department. He begs you to remember, however, how difficult it is in the very nature of things for a new government to place a large body of troops hurriedly in the field without practically ascertaining points of deficiency and some cause for complaint. But the Secretary requests me to say that the necessary accouterments shall be forwarded to the companies you indicate at the very earliest possible moment. In regard to clothing, the Secretary begs to call your attention to the fourth section of An act to provide for the public defense, which contains the provision, and instead of clothing, every non-commissioned officer and private in any company shall be entitled, when called into actual service, in money to a sum equal to the cost of clothing of a non-commissioned officer or private in the Regular Army of the Confederate States of America.~~ Under this provision your companies can supply themselves with clothing, and to meet the expense are entitled to and can draw the commutation for clothing, which the Secretary trusts will remove all inconvenience on that point. Respectfully, your obedient servant, J. J. HOOPER, Private Secretary. [APRIL 16, 1861.For Letcher to Cameron, refusing to comply with the requisition of President Lincoln for militia from Virginia, see Series III, Vol. I, p. 76.] [APRIL 1618, 1861.For correspondence between Moore (of Louisi- ana), Davis, and Walker, in relation to a regiment of Kentuckians for the Confederate service, see Series I, Vol. LII, Part II, pp. 50, 53, 54. Page 223 CONFEDERATE AUTHORITiES. 223 MONTGOMERY, April 17, 1861. His Excellency Governor PETTUS, Jackson, Miss.: The Secretary of War directs me to telegraph you his letters, respectively, of the 8th and 16th instant,* making conditional calls on Mississippi for volunteer troops. Said letters were mailed to Your Excellency on the days they respectively bear date. Your obedient servant, J. J. lOOPER, Private Secretary. [APRIL 17, 1861.For Harris to Cameron, and Jackson to Came- ron, refusing to comply with the requisition of President Lincoln for militia from Tennessee and Missouri, respectively, see Series III, Vol. I, pp. 81, 82.] AN ORDINANCE to repeal the ratification of the Constitution of the United States of America by the State of Virginia, and to resume all the rights and powers granted under said Constitution. The people of Virginia in their ratification of the Constitution of the United States of America, adopted by them in convention on the twenty-fifth day of June, in the year of our Lord one thousand seven hundred and eighty-eight, having declared that the powers granted under said Constitution were derived from the people of the United States and might be resumed whensoever the same should be perverted to their injury and oppression, and the Fe~leral Government having perverted said powers not only to the injury of the people of Virginia, but to the oppression of the Southern slave-holding States: Now, therefore, we, the people of Virginia, do declare and ordain, That the ordinance adopted by the people of this State in convention on the twenty-fifth day of June, in the year of our Lord one thou- sand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and all acts of the General Assembly of this State ratifying and adopting amendments to said Constitution, are hereby repealed and abrogated; that the union be- tween the State of Virginia and the other States under the Constitu- tion aforesaid is hereby dissolved, and that the State of Virginia is in the full possession and exercise of all the rights of sovereignty which belong and appertain to a free and independent State. And they do further declare, That said Constitution of the United States of America is no longer binding on any of the citizens of this State. This ordinance shall take effect and be an act of this day, when ratified by a majority of the votes of the people of this State cast at a poll to be taken thereon on the fourth Thursday in May next, in pur- suance of a schedule hereafter to be enacted. Adopted by the convention of Virginia April 17, 1861. JOHN JANNEY, President. JOHN L. EUBANK, Secretary. *See pp. 211, 221 Page 224 CORRESPONDENCE, ETC. 224 [APRIL 17, 1861.For ordinance of the Virginia convention, author- izing the Governor to call volunteers into service, see Series I, Vol. LI, Part II, p. 22.] GENERAL ORDERS, WAR DEPARTMENT, ADJ T. AND INSP. GENERALS OFFICE, No. 5. ) Montgomery, April 18, 1861. In honor of the official announcement of the secession of the State of Virginia, and her adherence to this Confederacy, a salute of eight guns will be immediately fired in front of the Government building. By command of the Secretary of War: S. COOPER, Adjutant and Inspector General. MEMPHIS AND OHIO RAILROAD, PRESIDENTS OFFICE, Memphis, Tenn., April 18, 1861. Hon. L. P. WALKER, Secretary of War, Confederate States of America, Montgomery, Ala.: SIR: I am authorized by our Board of Directors to say to you that all troops and munitions of war for the use of your Government will be transported free of charge over this road. The following resolution was adopted unanimously at a meeting of our directors held in this city on the 16th instant: Resolved, That the officers of this road be instructed to transport free of charge all troops and munitions of war for the use of the Confederate States of America over this road, and that the president convey officially forthwith to the Govern- ment at Montgomery the action of this Board. Very respectfully, your obedient servant, J. P. WOOD, President. MONTGOMERY, ALA., April 18, 1861. Hon. L. P. WALKER, Secretary of War: DEAR SIR: In the matter of the Georgia forces and the reception of the tender inadeof them by the Governoy of that State, I submit these views according to promise: By the third section of the act of Congress of the 28th of February the President of the Confederate States is authorized to receive into the service of this Government such forces now in the service of said States as may be tendered, & c. Georgia had in January, 1861, ordered the raising of two regiments for the service of the State. These regiments were organized in battalions and companies, with all proper officers for efficient service, before the 28th of February, but the rank and file of the companies was not com- plete at that time; many of the companies without any men at all. Some of these have been filled up since, and the Governor is going on and filling up the rest by enlistments as fast as possible with the view of turning them over to the President. The question now presented, as I understand, is, can the President receive any forces or men from the respective States mentioned in the third section of the act o Page 225 CONFEDERATE AUTHORITIES. 225 the 28th of February which were not at the time the act passed actually in the service of the State? This depends upon the proper construction of the word now~~ in the act. What was the force and meaning of that word at the time the act passed? Was it not intended to embrace all such forces as it was known that the States had raised for their respective defenses, and which in legal contemplation were then in service? Could any other idea have been entertained? To me this seems clear. A narrower or more restricted construction would prevent the President from receiving a single man who might have been recruited to fill up a vacancy after the 28th of February. This cannot be supposed to have been the intention of the act. If a single man recruited after the 28th of February can be received, why may not a whole company whose entire rank and file has been similarly filled up be received? The words ~ and now in the service,~~ & c., must have had reference to the known military organization of the States at that time, and not to the personnel or individuals actually then constituting the companies. These views I respectfully submit to your consideration. ALEXANDER H. STEPHENS. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Jiiliontgomery, April 18, 1861. THOMAS YEATMAN, Esq., New Haven, Coun.: SIR: Your communication to the President of the Confederate States has been submitted to this Department, and I am instructed by the Secretary of War to express his warm appreciation ofyour loyalty and patriotism, as evinced by your proposition. Events indicate even more strongly than at the date of your letter (10th instant) that within a very short time it will become proper to receive into the forces of this Confederacy troops like those you propose to raise. Confident as we are of our ability to repel all aggression, this Government is dis- posed to welcome among the defenders of our institutions all such as are willing to assist in the re-establishment of sound principles on this continent. I am further instructed to say that while the Government is not at this moment prepared to accept absolutely your offer it trusts you will keep yourself and your associates prepared to move so soon as this Department shall be able to do so, at which time notice of the point within the Confederate States at which you will b~ received will immediately be forwarded to you. The Secretary offers you the expression of his high esteem. Respectfully, your obedient servant, J. J. HOOPER, Private Secretary. MILLEDGEvILLE, April 18, 1861. Hon. L. P. WALKER: I will have the 8,000 troops in readiness very soon. I have a division of volunteers nearly organized under act of the Legislature. Will you accept them by division and brigades? This would greatly facil- itate. JOSEPH E. BIIOWN7 15 R RSERIES iv, VOL Page 226 226 CORRESPONDENCE, ETC. L. P. WALKER: JACKSON, Miss., April 18, 1861. We have ten companies of cavalry. Will they be included in the requisition for 8,000 troops? CHAS. CLARK, lIfajor- General. L. P. WALKER: CHARLESTON, April 18, 1861. Received yours of April 16. Call for 5,000 more men will be responded to. South Carolina will always answer to the first tap of the drum. F. W. PICKENS. L. P. WALKER: TALLAHASSEE, April 19, 1861. SIR: I am engaged in raising the 1,500 troops called for, and will hurry them up. Will 500 additional troops be called for from this State? Our effective force does not exceed 13,000. M. S. PERRY. Governor M. S. PERRY, MONTGOMERY, April 19, 1861. Tallahassee, Fla.: Two thousand additional troops have been called for, but if you cannot raise them expeditiously let me know, and I will revoke the requisition and make it elsewhere. L. P. WALKER. Governor BROWN, MONTGOMERY, April 19, 1861. J$filledgeville: I have not determined the question relative to divisions or brigades propounded in your dispatch of the 18th. L. P. WALKER. MONTGOMERY Governor JOSEPH E. BROWN, ~ April 19, 1861. JWiilledgeville: Your letter of the 17th of April is received. * For the sake of har- mony and in the spirit of your proposition, I accept it. Technicalities must not stand in the way of preparation. L. P. WALKER. General CHARLES CLARK, MONTGOMERY, April 19, 1861. Jackson, Miss.: Three companies of cavalry may be organized as part of requisition for 8,000 troops. L. P. WALKER. *Not found Page 227 CONFEDERATE AUTHORITIES. 227 [APRIL 19, 1861.For Toombs to Stephens, appointing the latter special commissioner of the Confederate States to the Commonwealth of Virginia (with inclosures), see Series I, Vol. LI, Part II, p. 18.] TALLAHASSEE, April 20, 1861. Hon. L. P. WALKER: I will raise 2,000 troops as soon as possible. Respectfully, M. S. PERRY. MONTGOMERY, April 20, 1861. Armaments of Forts Jlfoultrie, Sumter, and Castle Pinckney (to which must be added the purchase made since by South Carolina). Ten-inch columbiads, 3; 8-inch columbiads, 20; 8-inch sea-coast howitzers, 10; 42-pounder guns (estimated), 24; 32-pounder guns (estimated), 55; 24-pounder guns (estimated), 33 (purchases from Citadel in Charleston); 10-inch sea-coast and siege mortars, 16, and 9-inch heavy guns, 2, with a large supply of shot, shell, grape, and canister, and nearly 180,000 pounds of cannon powder (part purchased by the State); 40,000 pounds of musket powder (part purchased by the State); 40,000 pounds of rifle powder (part purchased by the State); 450,000 percussion-caps (part purchased by the State); 20,000 friction-tubes (part purchased by the State), and 52,000 pounds of lead (pig). Fort Pulaski.Thirty-two pounder guns, 20. Not known what additions have been made. There is a good supply of ammunition. Forts in Pensacola Harbor.Ten-inch columbiads, 3; 8-inch colum- biads, 12; 42-pounder guns, 24; 32-pounder guns, 34; 24-pounder guns, 75; 18-pounder guns, 5; 12-pounder guns, 2; 8-inch sea-coast howitzers, 3; 24-pounder howitzers (for flank defense), 8; 8-inch navy guns, 2; total guns and howitzers, 169; 13-inch mortars, 2; 10-inch mortars, 1, and Coehorn mortars, 6; total mortars, 9. A good supply of shot, shell, grape, and canister on hand and making at Mobile. Fort .Aforgan.Ten-inch columbiads, 2; 8-inch columbiads, 2; 32- pounder guns, 64; 24-pounder guns, 15; 24-pounder howitzers (flank defense), 20; 10-inch mortars, 2, and 6-pounder field guns, 2; total, 107; 34,000 pounds of cannon powder and 550 muskets and rifles. Fort Pike.Twenty-four-pounder guns; 18; 24-pounder howitzers (flank defense), 9; total, 27; 5,600 pounds of cannon~ powder and good supply of balls, strap-shot, and canister. Forts Jackson and Saint Philip.Eight-inch columbiads, 7; 24- pounder guns, 50; 24-pounder guns (flank defense), 9; 32-pounder guns, 14; total, 80; 36,000 pounds of cannon powder and supply of shot and shell. RECAPITULATION. Ten-inch columbiads, 8; 8-inch columbiads, 41; 24-pounder guns, 191; 24-pounder guns (flank defense), 9; 32-pounder guns, 188; 24-pounder howitzers (flank defense), 37; 10-inch mortars, 19; 6-pounder field guns, 2; 42-pounder guns, 48; 18-pounder guns, 5; 12-pounder guns, 2; 8-inch sea-coast howitzers, 13; 8-inch navy guns, 2; 13-inch mortars, 2; Coehorn mortars, 6, and 9-inch navy guns, 2; in fortifications, 375 Page 228 228 CORRESPONDENCE, ETC. At arsenals.Thirty-two pounder guns, 40; 24-pounder guns, 3; 24-pounder howitzers (for flank defense), 6, and 8 and 10 inch mortars, 5; total in fortifications and arsenals, 429. Field pieces in store at forts.Six-pounder guns, 14; 12-pounder howitzers, 9; 24-pounder howitzers, 1; mountain howitzers, 5, and 6-pounder rifled guns, 6; total on hand, 35. Ordered and expected.Six-pounder gnus, 4; 12-pounder howitzers, 2; 6-pounder steel guns (rifled), 6, and rounds of projectiles for the above, 27,518. Powder.Caunou powder at forts and arsenals, 329,145 pounds; musket powder at forts and arsenals, 91,709 pounds, and rifle powder in forts and arsenals, 70,257; total powder in forts and arsenals, 491,091 pounds. Small-arms cartridges of all kinds and in store at arsenals, 3,200,000. Small-arms in hands of troops and at arsenals.Rifled muskets, 1,765; percussion muskets, 60,886; muskets altered to percussion, 19,556; muskets (flint-lock), 8,283; percussion rifles, 6,990; Halirifles, 5,001; Colt rifles, 73; carbines, 735; percussion pistols, 2,408, and Colt pistols, 468; total, 106,165. Swords, sabers, & c. Cavalry sabers, 407; cavalry sabers (model of 1840), 808; horse artillery sabers, 499, and artillery swords, 344; total, 2,058. A considerable portion of the above arms have been issued to troops in the several States. Returns from the various forts and arsenals are very imperfect and sometimes wholly wanting. The foregoing statements do not, therefore, exhibit the entire quantity of material on hand. J. GORGAS, Major and Chief of Ordnance, U. S. Army. [APRIL 20, 1861.For Harris to Cameron, explaining grounds of action in refusing to comply with requisition of President Lincoln for militia from Tennessee, see Series III, Vol. I, p. 91.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April ~?1, 1861. J. P. WooD, Esq., President Memphis and Ohio Railroad: SIR: In compliance with the request of the Secretary of War, it gives me great pleasure to acknowledge the receipt of your letter of the 18th of April, inclosing the resolution passed by your Board of Directors to pass over the Memphis and Ohio Railroad all troops and munitions of war for the service of the Confederate States free of charge. It is truly gratifying to the Government, in the midst of its labors for the general defense of the Southern States against a per- fidious and incendiary foe, to receive such evidences of self-sacrificing and fervent patriotism, and I cordially thank yourself and your direct- ors in the name of this Department for your generous resolution. With high consideration and respect, your obedient servant, JOHN TYLER, JR Page 229 CONFEDERATE AUTHORITIES. 229 GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND JNSP. GENERALS OFFICE, No. 6. ) Jlliontgomery, April 22, 1861. DETAIL FOR RECRUITING SERVICE. The following officers are detailed for the recruiting service and will enter upon that duty without delay, at the places respectively designated: Capt. Theodore Ollara, at Vicksburg, Miss. Capt. Robert G. Cole, at Augusta, with branch rendezvous at Macon and Milledgeville, Ga. Capt. Stephen D. Lee, at Charleston, S. C. First Lieut. Charles W. Phifer, at New Orleans, La. First Lieut. Edward Ingraham, at Mobile, Ala. The recruits when enlisted will be sent to depots as follows: From Augusta, Macon, and Milledgeville, to Augusta Arsenal. From Mobile, to Fort Morgan. From New Orleans, to Baton Rouge Barracks. From Vicksburg, to Baton Rouge Barracks. The recruits enlisted at Charleston will be quartered at the Arse- nal Barracks. The officers stationed at Charleston, Augusta, and Mobile will make requisition for clothing upon this office, and in like manner all recruiting officers will send in their estimates for funds. The first issue of clothing to recruits will be one blue shirt (to be made into a blouse), three undershirts, two pairs of overalls, two pairs of drawers, two pairs of stockings, one pair of bootees, one blanket, one leather stock. By command of the Secretary of War: S. COOPER, Adjutant and Inspector General. [APRIL 22, 1861.For Rector to Cameron, refusing to comply with the requisition of President Lincoln for militia from Arkansas, see Series III, Vol. I, p. 99.] AN ACT of ratification. Whereas, by act of the General Assembly of the State ~f Florida a convention of the people was ordained to be assembled in the city of Tallahassee on the 3d day of January, A. D. 1861, for the purpose of taking into consideration the dangers incident to the position of this State in the Federal Union, and the measures which may be necessary and proper for providing against the same, and to amend the consti- tution of the State of Florida so far as the same, in the judgment of said convention, may be necessary, and therefore to take care that the Commonwealth of Florida shall suffer no detriment; And whereas, we, the delegates of the people of the State of Florida, did, in pursuance of said act, assemble in convention on the day and in the place therein specified, and being thus charged with the duties aforesaid, after mature deliberation and in considerate performance thereof, did, on the 10th day of January, in the year of our Lord 1861 Page 230 230 CORRESPONDENCE, ETC. in convention aforesaid, ordain, publish, and declare that the State of Florida hereby withdraws herself from the confederacy of States existing under the name of the United States of America, and from the existing Government of said States; and that all political connec- tion between her and the Government of said States ought to be, and the same is hereby, totally annulled, and said union of States dis- solved, and the State of Florida declared a sovereign and independent nation; and that all ordinances heretofore adopted in so far as they create or recognize said union are rescinded, and all laws or parts of laws in force in this State in so far as they recognize or assent to said union be, and they are hereby, repealed ~ And whereas, the people of the State of South Carolina, in conven- tion assembled, had dissolved their connection with the Government of the United States of America, and invited such other of the slave- holding States as might in like manner declare their independence, to meet her in convention at Montgomery, in the State of Alabama, for the purpose of forming a new government; And whereas, this convention did appoint three delegates to meet in a convention of States, at Montgomery aforesaid, on the 13th day of F~bruary last, or at such other time and place as might be agreed upon, the delegates of such other slave-holding States as then had or should have, before the final adjournment of said convention, dis- solved their connection with the late Federal Union, for the purpose, among other things, of forming a permanent government for a con- federacy of such States; And whereas, a convention of delegates from the following States, viz, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas met at Montgomery aforesaid, and on the 11th day of March, A. D. 1861, agreed upon and reported to the convention of the several States therein represented a Constitution for the Confederate States of America: Now, be it known that we, the delegates of the people of the State of Florida, in convention assembled, in the name and in behalf of the people of the State, having maturely deliberated and fully con- sidered the aforesaid proposed Constitution, do, by these presents, assent to and ratify the Constitution adopted by the Congress of States aforesaid on the 11th day of March, A. D. 1861, at Montgomery, in the State of Alabama, for the government of the Confederate States of America; declaring, nevertheless, that as the powers conferred through said Constitution on the Confederate Government emanate from the people of the several States, in their separate sovereign capacity, said powers may be resumed, in tjie san~e manner in which they are delegated, whenever they shall be perverted to the injury of the people; each State by her delegates in convention having the right to judge of the occasion that may require such action; and hereby announcing to all those whom it may concern that the said Constitution is binding on the people of the State of Florida. Adopted unanimously in open convention at the capitol, in the city of Tallahassee, Monday the 22d day of April, A. D. 1861. JOHN C. MGGEHEE, President of Convention. Attest. WILLIAM S. HARRIS, Secretary of Gonvention Page 231 CONFEDERATE AUTHORITIES. 231 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Mordgomery, April 22, 1861. His Excellency A. B. MOORE, Montgomery, Ala.: SIR: I have the honor hereby to call upon Your Excellency for two regiments of infantry for the service of the Confederate States, to rendezvous at Lynchburg, Va., at the earliest possible moment, and to be mustered in at such point as Your Excellency may designate within or without the State of Alabama. Transportation and sub- sistence expenses of these troops will be paid by this Government from the point of departure. In all respects these two regiments will conform to the regulations under which troops have been heretofore raised by the State of Alabama for this Government, and which are so well known to Your Excellency as to need no repetition here. I shall confidently hope that Your Excellency will be able to fill this requisition in a very short time, as much depends upon the celerity with which this force is moved forward With great respect, your obedient servant, L. P. WALKER. MONTGOMERY, ALA., April 22, 1861. Hon. L. P. WALKER, Secretary of War Confederate States of America: SIR: The military operations which you have indicated as impend- ing render it at once necessary to secure a very large supply of sub- sistence stores. The failure of the crops in Tennessee and Southwest Virginia renders it imperative to collect all that is available without delay. The obstacles threatening in the Northwest are equally sig- nificant. I therefore respectfully urge on your attention that a credit not less than $500,000 be issued in favor of Col. Fleming Hodges to enable him to carry out the above-mentioned purpose. I have the honor to be, sir, very respectfully, your obedient servant, L. B. NORTHROP, Lieut. Col. and Acting Commissary-General, C. S. Army. MONTGOMERY, April 22, 1861. Governor JOSEPH E. BROWN, Miilledgeville: I make requisition on you for two regiments of i~nfanti~, to rendez- vous without delay at Richmond, Va. Conform the organization as far as possible to the law providing for the public defense. They will be mustered into service at such place as you may designate, and transportation and subsistence provided accordingly. Answer. L. P. WALKER. MONTGOMERY, April 22, 1801. Governor B. MAGOFFIN, Frankfort, Ky.: SIR: Your patriotic response to the requisition of the President of the United States for troops to coerce the Confederate States justifies the belief that your people are prepared to unite with us in repellin Page 232 232 CORRESPONDENCE, ETC. the common enemy of the South. irginia needs our aid. I therefore request you to furnish one regiment of infantry without delay, to rendezvous at Harpers Ferry, Va. It must consist of ten companies of not less than sixty-four men each. The regiment will be entitled to one colonel, one lieutenant-colonel, one major, one adjutant from the line of lieutenants, one sergeant-major from the enlisted men. Each company is entitled to one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, and two musicians. The officers, except staff officers, are to be appointed in the manner prescribed by the law of your State. Staff officers are appointed by the President; the term of service not less than twelve months, unless sooner discharged. They will be mustered into the service of the Confederate States at Harpers Ferry, but transportation and sub- sistence will be provided from the point of departure. They will fur- nish their own uniform, but will receive its value in commutation. Arms and ammunition will be sent to Harpers Ferry or such point as you may designate. Answer, and say whether you will comply with this request, and if so, when. L. P. WALKER, Secretary of IVar. (The same, mutatis mutandis, to the Governor of Arkansas, for one regiment, to rendezvous at Lynchburg, Va.; North Carolina, for one regiment, to rendezvous at Richmond, Va.; Tennessee, for three regi- ments, to rendezvous at Lynchburg, Va.) MONTGOMERY, April 22, 1861. Governor THOMAS 0. MOORE, New Orleans: I make requisition on you for one regiment of infantry, to rendez- vous without delay at Richmond, Va. Conform the organization as far as possible to the law providing for the public defense. It will be mustered into service at such place as you may designate, and transportation and subsistence provided accordingly. AnsWer. L. P. WALKER. MONTGOMERY, April 22, 1861. Governor THOMAS 0. MOORE, New Orleans: I telegraphed you to-day for one regiment, to rendezvous at Rich- mond, Va. If you have two regiments ready you may order both to Richmond. I cannot say now how long it will be before the others are called into service. I think not long, however. L. P. WALKER. NEW ORLEANS, April 22, 1861. L. P. WALKER: Ten companies left. Three here with St. Pauls. Shall I send them to Pensacola? Shall I have the companies offering under the requisition mustered into service of Confederate States as they arrive? Kentucky regiment looked for soon, without arms. Answer. THO. 0. MOORE Page 233 CONFEDERATE AUTHORITIES. 233 MoNTGOMERY, ALA., April 22, 1861. Governor THOMAS 0. MOORE, New Orleans: The three companies with St. Pauls can be sent to Pensacola. The companies offering under my conditional requisitions will not be mustered into service until the call is made absolute. L. P. WALKER. MONTGOMERY, April 22, 1861. Governor JOHN J. PETTUS, Jackson, Miss.: I make requisition upon you for two regiments of infantry, to ren- dezvous without delay at Lynchburg, Va. Conform the organization as far as possible to the law providing for the public defense. They will be mustered into service at such place as you may designate, and transportation and subsistence provided accordingly. Answer. L. P. WALKER. CHARLESTON, S. C., April 22, 1861. President DAVIS: General Bonham with the troops is on his way to Richmond; more will start every day now. I have assigned Bonham, with his full staff, subject to your order and mine, to terminate upon your giving another. He desired his staff. They are subject to your orders in all things. There is difficulty in selecting proper troops, as I desire none but what are experienced. F. ~. PICKENS. NASHvILLE, April 22, 1861. L. P. WALKER: The defense of Virginia is the defense of Tennessee, as well as the whole South, and while I have no authority under the constitution or laws of Tennessee to order troops beyond the limits of the State, and our military organization is very defective, yet I have no doubt I can raise the three regiments for Lynchburg within a very few days, and think it safe to say you can rely upon them. ISHAM G. HARRIS. MoNTGOMERY, April 23, 1861. Governor H. M. RECTOR, Little Rock, Ark.: If you received my dispatch of yesterday requesting you to furnish a regiment I shall be obliged to know your answer. * L. P. WALKER. [APRIL 23, 1861.For Flournoy, et al., to Walker, tendering a regi- ment from Arkansas, see Series I, Vol. I, p. 688, and for Walker to Flournoy, accepting the regiment, see Series I, Vol. LI, Part II, p. 26.] *For reply, see Series I, Vol. I, p. 687 Page 234 234 CORRESPONDENCE, ETC. MILLEDGEVILLE, April 23, 1861. Hon. L. P. WALKER: I will respond as promptly as possible to yonr requisition for two regiments of infantry. Can only tender them organized according to the laws of Georgia. Could send forward some companies very soon. I propose that each company march as soon as ready by way of Augusta, where you will be expected to have an officer to muster each into service as it passes and before it leaves the State, with the under- standing that each ten companies when they arrive at Richmond be permitted to elect field officers and organize into a regiment. In this way the troops can arrive there with greater dispatch than if required to rendezvous and form into regiments and be mustered in as regiments before leaving Georgia. If this is agreeable I will direct railroad companies in Georgia to send bills to you for transportation of com- panies, and you will please make arrangements beyond Augusta. Answer immediately, as I wish to know how to shape my orders. JOSEPH E. BROWN. Governor JOSEPH E. BROWN, MONTGOMERY, April 23, 1861. Miilledgeville, Ga.: Your proposition is entirely agreeable. Let me know when you will be ready. L. P. WALKER. Hon. L. P. WALKER: MILLEDGEVILLE, April 23, 1861. To whom shall the companies report to be mustered into service at Augusta? They are in different parts of the State, and cannot all go forward for a few days. Some of them will start in a day or two. Will try to have tents, knapsacks, and accouterments for them all. Will want some muskets from Augusta Arsenal. Please direct Major Cummiug, now there, to furnish them. Answer. JOSEPH E. BROWN. MONTGOMERY, ALA., April 23, 1861. Governor JOSEPH E. BROWN, Milledgeville: Captain Cole is ordered to Augusta to mustOr in the troops. Major Cumming is ordered to supply your requisition for muskets. I hope, however, that you will make it as light~ as possible. L. P. WALKER. Governor MAGOFFIN, MONTGOMERY, April 23, 1861. Franlcfort, Ky.: If you received my dispatch of yesterday requesting you to furnish a regiment I shall be obliged to know your answer. * L. P. WALKER. *Not found; but see Duncan to Walker, Series I, Vol. LI, Part II, p. 37 Page 235 235 CONFEDERATE AUTHORITIES. APRIL 23, 1861. L. P. WALKER, Secretary of War, ]Iliontgomery, Ala.: I am exerting myself to have the regiments, as wanted by your dispatches of yesterday, in readiness as early as practicable; but as our State cannot keep men in camp to move at any moment, for want of means, and the Confederate Government will not take charge of them until wanted for immediate use, they are obliged to remain at home, and ordered here by me whenever you call for them. Of course, then, it requires time, but rest assured all I can do will be done. If I could receive them at any time and at once muster them into the service of the Confederate States, I believe I could soon fill both requisitions early. Will you order your commanding officer here to receive and muster into service companies, battalions, or regiments as fast as organized? Otherwise it must always require time to bring them here. Yours, respectfully, THO. ~. MOORE. MONTGOMERY, April 23, 1861. Governor THOMAS 0. MOORE, New Orleans: Will you let me have two regiments or one? L. P. WALKER. JACKSON, April 23, 1861. L. P. WALKER: Requisition for two regiments received. Will be promptly re- sponded to. Will telegraph you place of rendezvous to-morrow. JOHN J. PETTUS. RALEIGH, April 23, 1861. Hon. L. P. WALKER: Our Legislature will meet soon, and will furnish the regiment as soon as [I] get authority. Am concentrating troops here as fast as possible. JNQ. W.~ELLIS, Governor. STATE OF SOUTH CAROLINA, EXECUTIVE DEPARTMENT, April 23, 1861. I am willing, if a full roll of the above companies shall be made out, to give the proper order for them to march to Virginia and Maryland for defense; but still they are volunteers from South Carolina, and not technically in the Provisional Army of the Confederate States, but volunteers from South Carolina, to be placed under a Confederate general for twelve months, if necessity requires, but not to be ordered back to garrison any fort or to march to other States permanently without the consent of the Governor of South Carolina Page 236 236 CORRESPONDENCE, ETC. Hon. Mr. WALKER, Secretary of War: SIR: The men I have sent and am sending to Virginia are sent upon the above conditions. I felt it a duty to make a difference between the service in Virginia and Maryland and the services that might be re~ndered in the Confederate States. Virginia has not yet joined the Confederate Government, and is therefore in a different relation to us from the States which are under the Confederate Government. You will perceive that I expressly make as a condition that they shall be commanded by a general of the Confederate forces, appointed by the President. I take it for granted this will be entirely satisfactory to the President. Please let me know. The difficulty I have had arose from the sudden and unexpected events in Virginia and Mary- land, and they did not volunteer or leave home with any expectation of being called on to go to Virginia. Hardly any full regiment with all its companies was prepared to go off so suddenly, and I have taken parts of regiments, and the conditions annexed are that the regiment shall not be broken up, but the remnant called on, if necessary, to re-enforce the part sent. About four companies start every day or two. Very respectfully, yours, F. W. PICKENS. COLUMBIA, S. C., April 23, 1861. General D. F. JAMISON: DE~ GENERAL: It is announced in the papers that you had gone to Montgomery to make arrangements for the transfer of the volun- teers in this State into the service of the Confederate States. I was glad to see this announcement, and if ~onsistent with your views of your duty I would be pleased if you would insist upon preserving our brigade organizations. If my brigade should consent to go into the service of the Confederate States, or if two of my regiments should consent to go, I would rejoice to be able to go with them. I have here under my command two regiments, one of my owu and one of McGowans, numbering about 2,000 troops. The call has not been made yet for volunteers, but will be made in a few days. I have been engaged during the last fortnight in organizing and drilling these troops, and it would be hard for those who are devoting themselves to this service to be superseded and their commands taken from them. I have the honor to be, very respectfully, your obedient servant, A.. C. G~ARLINGTON. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, H. J. RANNEY, ]~Iontgomery, April 24, 1861. President of the New Orleans, Jackson and Great Northern Railroad Company, at New Orleans: SIR: The President has referred to this Department your letter of 20th of April, inclosing the resolutions of the Board of Directors of the New Orleans, Jackson and Great Northern Railroad Company, tendering the companys services for the transportation of troops and munitions of wai~ for the Confederate States free of expense. Rest assured that this highly generous and patriotic action of your direct- ory comes to this Government at an opportune moment and is mos Page 237 CONFEDERATE AUTHORITIES. 237 acceptable in form and substance. Nothing could be more gratifying to the Administration than such profound evidences of devotion to the common cause. Men imbued with so elevated regard for public necessities, and a spirit so self-sacrificing, are indeed worthy of lib- erty, and set even before the members of the Government the loftiest example of personal bearing in view of the arduous duties incident to their position. In the name of the President and each member of the Cabinet, I return you and your directory, individually and col- lectively, our sincere and undivided thanks. The Quartermaster- General will receive instructions to communicate with you in detail. I have the honor to be, with consideration and respect, your obliged and obedient servant, L. P. WALKER, Secretary of War. SAVANNAH, April 24, 1861. Hon. L. P. WALKER: One of our correspondents in Glasgow has an iron clipper British ship of 800 tons now at Halifax, Nova Scotia. We are authorized to order her to Savannah if we will guarantee a return freight of cotton with dispatch to England, where she is immediately required. Although Halifax is not the cheapest place to buy provisions, they can be had much cheaper there than here, and we propose leaving to-morrow for Halifax in person, filling her with beef, pork, and fish for account of the Southern Confederacy, and charging nothing for our labor, provided you will guarantee the owners of the ship against all losses by detention growing out of seizure, blockade, or being ordered off to other ports if unable to enter this river. The papers for the provisions would be made out in our name as British subjects. We on our part would guarantee the ship a full cargo of cotton. Answer by telegraph. ANDREW LOW & CO. [Indorsement.] The above is in every respect reliable, and in my judgment impor- tant. F. S. BARTOW. NEW ORLEANS, April 24, 1861. L. P. WALKER: I hope to be able to senu one regiment complete on Saturday, if not before. THO. 0. MOORE. [APRIL 24 and 25, 1861.For Flournoy to Walker, in relation to arms for a regiment from Arkansas, see Series I, Vol. I, p. 688.] RALEIGH, April 24, 1861. Hon. L. P. WALKER: You shall have from 1,000 to 10,000 volunteers in a few days, with arms, and I wish them to go as State troops. Many of our men wil Page 238 238 CORRESPONDENCE, ETC. enlist in Confederate Army. Will have a regiment ready in four days. Funds will be required for transportation, as I cannot lawfully draw on the State treasury for this purpose. I am anxious to send at least three regiments. Our Legislature will meet in few days. I will not await, however. JOHN W. ELLIS. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April 25, 1861. The PRESIDENTS OF THE SEVERAL RAILROAD COMPANIES NOW ASSEMBLED IN MONTGOMERY, ALA.: GENTLEMEN: I avail myself of your presence in this city to ask your assistance in arranging a plan for the transportation of troops and material of war of every description to any point within the Con- federate States at which they may be needed, and with the degree of promptness required in all military operations. Having entire confi- deuce in the disposition of each of you to aid this Government with all the means in your power, I respectfully ask that you will take this subject under consideration and arrange with the Quartermaster- General all necessary details, so that he may be enabled to call upon you at any hour in the future for such transportation on your several lines as the necessities of the service may demand. With great respect, your obedient servant, L. P. WALKER, Secretary of War. MILLEDGEVILLE, GA., April 25, 1861. Hon. L. P. WALKER: I am obliged to be in the upper part of this State about a week. Start to-morrow early. Will other troops be called for, and how many, within that time? Answer at once, that I may issue orders, if necessary. Who appoints surgeons to volunteer regiments, and how many to each? JOSEPH E. BROWN. MONTGOMERY, April 25, 1861. ~overnor JOSEPH E. BROWN, Jliliilledgeville: I cannot say just now when other troops will be called for; think within a very short time. Probably two additional regiments from Georgia. The law allows one surgeon and one assistant surgeon to each regiment. I appoint them. L. P. WALKER. AUGUSTA, April 25, 1861. Hon. L. P. WALKER: Please inform me whether my division is to be called in the field. The Governor can give me no satisfaction, and I desire to leave in person for Virginia if I cant take a command there W. H. T. WALKER Major- General First Division, Georgia Volunteers Page 239 CONFEDERATE AUTHORITiES. 239 MONTGOMERY, ALA., April ~5, 1861. General W. H. T. WALKER, Augusta, Ga.: It would give me pleasure to be able to answer your question, but I cannot. My requisitions are made upon the Governor, and all troops come in through him. L. P. WALKER. [APRIL 25, 1861.For correspondence between Walker and Ellis, in regard to procuring arms from the Fayetteville Arsenal, see Series I, Vol. I, p. 487. For 6ther correspondence between the Governor of North Carolina and the Secretary of War, from April 26, 1861, to April 12, 1862, relating to raising, equipping, and keeping in the field the troops from that State, see Series I, Vol. LI, Part II, pp. 33, 195, 203, 274, 367, 368, 371, 472, 474, 536.] EXECUTIVE DEPARTMENT, SOUTH CAROLINA, April 25, 1861. Hon. Mr. WALKER, Secretary of War, llfontgomery, Ala.: SIR: I received your telegram yesterday as to the purchases of suppliesbacon, flour, & c.in which you say you have ordered them and that they will be sent to us in three weeks. I will order a requi- sition of what may be necessary made out and inclose it to you, so that you may know what to send us, and we will calculate on getting it certain by three weeks. I have laid in supplies for four or five weeks now, and one reason why I telegraphed you was that we might not come into competition in purchasing the same articles in the same markets unnecessarily. I have about 10,000 troops in actual service with those sent to Virginia. I have two regiments in Columbia, at a healthy position, training and equippingabout 2,200 men. I have also two more regiments in reserve near this city for the same pur- pose, and four on the islands in and near the harbor. Two of those on the islands and the two near the city I propose to move back on the railroads after a few days into more healthy locationsat Flor- ence, on the North Carolina side, and at Aiken, on the Georgia side and there to form a camp, ready to await any orders you may send. These have all been ordered at the special requisitiort of General Beauregard and shall not be moved without his express sanction. It strikes me, as I have them out now, the best thing is to train them to camp and field duty at once and equip them. This is the reason I propose to encamp them for a few weeks longer. I hope in these arrangements I have your approbation, as I desire to do nothing but what is acceptable to the Confederate Government. Not being at all informed as to what are the plans of the campaign or what are the general outlines of civil policy to be pursued, I am endeavoring to uphold and advance what I suppose to be the general interests and policy of the Confederate States; but you will be so good as to make any suggestions you think proper to make, after consulting the Presi- dent, and it will afford me great pleasure to follow whatever line of policy you may have adopted. I am not particularly informed as to the course of Virginia and North Carolina, and do not know whethe Page 240 240 CORRESPONDENCE, ETC. I am to consider them as certain to be annexed to the Confederate States or not, or whether they expect to act permanently with the other Border States. I regret to trouble you at such length, but find it necessary, as I desire to act understandingly in matters of the utmost importance to our common country. Very respectfully, yours, F. W. PICKENS. RICHMOND, FREDERICKSBURG AND POTOMAC R. R. Co., PRESIDENTS OFFICE, Richmond, Va., April 25, 1861. Major-General LEE: SIR: Having had some eight years experience in the management of railroads, and having recently some acquaintance with their use for State defense, and reflected upon it, I beg leave respectfully to submit to you the inclosed suggestions, which may have, to some degree, been overlooked by others less familiar with the subject or more preoccupied with other public duties. I would further suggest that a printed circular letter embodying these suggestions, emanating from you or the Governor, and addressed privately to the presidents and superintendents of our railroads, might be the most useful mode of giving them effect. Should they contribute in any degree to the safety and honor of the Commonwealth I shall be much gratified. To the seventh and last paragraph permit me to ask your special atten- tion. At this time there are engines and trains run on this road by the military authorities between Fredericksburg and the Potomac River with very unnecessary frequency, wearing out our engines (which should, especially now, when others cannot be procured, be carefully husbanded), and preventing the carriage by the usual trains of the wood which is necessary for the engines, and which is rapidly being consumed, where it is most necessary to keep a supply. But far more than all these considerations, the hourly danger of collis- ions and a consequent disabling of the engines and road requires the cessation of this practice, which no doubt is continued from the want of appreciation of its evil consequences only. I remain, with great respect, your obedient servant, P. V. DANIEL, JR., President Richmond, Fredericksburg and Potomac R. R. Go. [Inc1o~ure.] To make the railroads of this State most effectiYe aids in the pub- lic defense, and to prevent their being equally effective means of invasion and attack to its enemies, the following precautions are necessary: First. Every engine and car, whether for freight or passengers, not absolutely needed for immediate use, should be at once removed from any terminus or other point on each railroad which by any possibility may be suddenly invaded by the enemy to some other point or points on the road where they will be secure from capture and most available to the State. Second. At every such point there should be kept a locomotive engine always, night and day, fired up, and with a full supply of wood and water, and an engineer and fireman ready at a minutes warning to run over the road and give warning of the enemys approach. Should this engine be compelled to leave its station at any time, for however short an interval of time, another should be read Page 241 CONFEDERATE AUTHORITIES. 241 to take her place. For the same purposes the road should be fully supplied with light pole-cars at short and conveuieut distances along its length. These are lighter and more easily operated than hand- cars, which are also useful. Tar barrels or other materials for beacou fires might also be advantageously placed at convenient stations on the road, to give warning to the neighborhoods, to be fired only by the subaltern officers of the Army or of the railroad when ordered. Third. Every bridge and important culvert on the road should be guarded day and night by at least two well-armed watchmen, to pro- tect them from being fired or blown up or otherwise injured by emis- saries of the enemy. These watchmen should also be furnished with means of obstructing or breaking up the track at a short distance from their bridge or culvert when they have received orders to do so through the alarm engine or pole-car, so as to give them time, after the enemy is certainly and actually near at hand, to destroy or weaken, by burning, blowing up, or sawing timbers, their bridge or culvert, under orders of their superior railroad officer or of the military com- mander for the district. But without such order no injury should in any event be done, or permitted to be done, by such watchmen to any such bridge or culvert. Any disregard of this last regulation might be most disastrous to the State and should be severely punished. There is great danger of such disaster from the violence of excited or panic- stricken persons or bodies of men, and a strong guard may be needed to prevent it. Fourth. Engineers and machinists should be instructed on the cer- tain, but only on the certain, and near approach of an overpowering force of the enemy to remove and carry away or effectually conceal the main connecting rods of their engines, whether on the road or in any engine-house or workshop, thus thoroughly and to the enemy irrep- arably disabling, without permanently injuring, the engines. Fifth. All burden, box, or house cars should at once have cleats of wood, fastened at suitable heights and distances to their inner sides, with strong planks, cut to the exact inner width of the car, to place on them as seats for troops, when more are to be transported than can be carried in the passenger-cars. When not used for this purpose these planks should be laid fiat on the floor of the car, so as at once to be in place when needed, and when not needed to leave it free to be used for freight. Sixth. Every railroad company should at once strengthen all its open fiat-cars, and, as far as it can conveniehtly do so, build others of the strongest practicable pattern and material, for the transporta- tion of heavy ordnance. Seventh. Safety to lives and the protection both of trains and roads from destruction by collisions make it imperatively necessary that all trains should be regulated in their speed and movements by no one except the conductors or engineers of such trains, in accordance with the regulations and time-tables of the company. Disregard of this regulation will inevitably result in collisions, with all their conse- quent injuries to persons, to the road, and to the State, and obstruc- tion and privation of the use of the road and machinery for an indefinite period of time. It cannot be too rigorously observed and enforced. [Indorsement.] The within suggestiolis to be embodied in circular to president of every railroad. R. E. L. 16 H HSERIES Iv, VOL Page 242 242 CORRESPONDENCE, ETC. RICHMOND, VA., April 25, 1861. Hon. ROBERT TOOMBS, Secretary of State, Aliordgomery, Ala.: After receiving your letter of instruction, with other papers relating to my mission to the Commonwealth of Virginia, on the 18th [19th] instant, * I left Montgomery forthwith and proceeded without delay to this place, where I arrived Monday, the 22d instant. I presented myself, with letter of credence, to Hon. John Letcher, Governor of the Commonwealth, who communicated the same immediately to the State convention, then in session. That body on the same day passed a resolution, a copy of which is herewith sent, inviting me to meet them in session at such time as would suit my convenience. The hour designated was 1 oclock the next day, Tuesday, the 23d instant. At the appointed time I met the convention in secret session with the Governor, Executive Council, Major-General Lee (the commander-in- chief of the State forces), and some other invited persons present. To the convention I arged the great importance of an immediate union of the Commonwealth with the Confederate States under our Consti- tution for Provisional Government, with a view to a permanent union under our permanent Constitution. I also urged strong reasons for an immediate conventional agreement between the two governments before such union could take place, particularly in relation to the military forces and military operations. By another resolution, a copy of which is herewith sent, the con- vention appointed a committee of five of its own members, headed by ex-President John Tyler, to confer with me upon the subject. After conference and full explanation on my part of our Constitu- tion for Provisional Government the committee determined to report to their body an ordinance adopting that Constitution, which was subsequently passed, a copy of which will also be found accompany- ing this dispatch. In further conference with the committee a con- vention between the Commonwealth and Confederate States, temporary in its character, arid to have effect in the interval between the time of its ratification and the contemplated union of said Commonwealth with our Confederacy, was agreed upon and signed by us. This was done on the 24th instant. By its terms it is to be ratified by both governments before it is to take effect. The ratification on the part of the Government here has just taken place, and I now have, the honor of inclosing the convention so agreed upon, with the resolution of ratification, with this dispatch. Of the importance of this arrange- ment at this particular juncture of our public aff~irs I need not now speak nor of the embarrassments and difficfilties in getting it effected. Hoping, however, that what has been done will meet the approval of the President and Congress, I submit the whole without further comment or remark. Yours, most respectfully, ALEXANDER H. STEPHENS. Llnclosure No. 1.] Resolved, That a committee of three be appointed to wait upon the Hon. A. H. Stephens, commissioner from the Government of the * See Series I, Vol. LI, Part II, p. 15 Page 243 CONFEDERATE AUTHORITIES. 243 Confederate States, and invite him to communicate in person with this body at such time as may best suit his convenience. Adopted by the convention of Virginia April 22, 1861. JOHN CRANE, JR., Assistant Secretary. Committee: John Goode, jr., Jeremiah Morton, John T. Thornton. [Inclosure No. 2.] Resolved, That a committee of five be appointed to confer with the Hon. Alexander H. Stephens, commissioner from the Confederate States, and to arrange with him the terms of a union or alliance between this State and the said Confederate States, subject to the ratification or rejection of this convention. Adopted by the convention of Virginia April 23, 1861. JNO. L. EIJBANK, Secretary of Convention. Committee: Messrs. Tyler, Preston, Moore, Ilolcombe, Bruce, Harvie. [Inelosure No. 3.] AN ORDINANCE for the adoption of the Constitution of the Provisional Gov ernment of the Confederate States of America. We, the delegates of the people of Virginia, in convention assem- bled, solemnly impressed by the perils which surround the Common- wealth, and appealing to the Searcher of Hearts for the rectitude of our intentions in assuming the grave responsibility of this act, do, by this ordinance, adopt and ratify the Constitution of the Provisional Government of the Confederate States of America, ordained and established at Montgomery, Ala., on the 8th day of February, 1861: Provided, That this ordinance shall cease to have any legal operation or effect if the people of this Commonwealth, upon the vote directed to be taken on the ordinance of secession passed by this convention on the 17th day of April, 1861, shall reject the same. [Inclosure No. 4.] CONVENTION between the Commonwealth of Virginia and the Confederate States of America. The Commonwealth of Virginia, looking to a speedy union of said Commonwealth and the other slave States with the Donfe4erate States of America according to the provisions of the Constitution for the Provisional Government of said States, enters into the following tem- porary convention and agreement with said States for the purpose of meeting pressing exigencies affecting the common rights, interests, and safety of said Commonwealth and said Confederacy: First. Until the union of said Commonwealth with said Confederacy shall be perfected and said Commonwealth shall become a member of said Confederacy according to the constitutions of both powers, the whole military force and military operations, offensive and defensive, of said Commonwealth in the impending conflict with the United States shall be under the chief control and direction of the President of said Confederate States, upon the same principles, basis, and foot- ing as if said Commonwealth were now and during the interval a member of said Confederacy Page 244 244 CORRESPONDENCE, ETC. Second. The Commonwealth of Virginia will, after the consnmma- tion of the union contemplated in this connection and her adoption of the Constitution for a permanent Government of said Confederate States and she shall become a member of said Confederacy under said permanent Constitution, if the same occur, turn over to said Confed- erate States all the public property, naval stores, and munitions of war, & c., she may then be in possession of, acquired from the United States, on the same terms and in like manner as the other States of said Confederacy have done in like cases. Third. Whatever expenditures of money, if any, said Common- wealth of Virginia shall make before the union under the Provisional Government as above contemplated shall be consummated, shall be met and provided for by said Confederate States. This convention, entered into and agreed to in the city of Richmond, Va., on the 24th day of April, 1861, by Alexander H. Stephens, the duly authorized commissioner to act in the matter for the said Con- federate States, and John Tyler, William Ballard Preston, Samuel McD. Moore, James P. Holcombe, James C. Bruce, and Lewis E. liar- vie, parties duly authorized to act in like manner for said Common- wealth of Virginiathe whole subject to the approval and ratification of the proper authorities of both govermuents, respectively. In testimony whereof the parties aforesaid have hereunto set their hands and seals the day and year aforesaid and at the place aforesaid in duplicate originals. ALEXANDER H. STEPHENS, Commissioner for Confederate States. JOHN TYLER. WM. BALLARD PRESTON. S. MCD. MOORE. JAMES P. HOLCOMBE. JAMES C. BRUCE. LEWIS E. HARVIE. [Inclosure No. 5.] Be it ordained by this convention, That the convention entered into on the 24th of April, 1861, between Alexander H. Stephens, com- missioner of the Confederate States, and John Tyler, William Ballard Preston, S. MeD. Moore, James P. Holcombe, James C. Bruce, and Lewis E. Harvie, commissioners of Virginia, for a temporary union of Virginia with said Confederate States, under th~ Provisional Gov- ernment adopted by said Confederate States, be, and the same is hereby, ratified and confirmed on the terms agreed upon by said commissioners. Adopted by the convention of Virginia April 25, 1861. JOHN JANNEY, President. JNO. L. EUBANK, Secretary. [APRIL 25JuLY 17, 1861.For correspondence between the Secre- tary of War and the Governor of Louisiana, with reference to forwarding troops to Richmond, see Series I, Vol. LI, Part II, pp. 33, 128, 153, 174. Page 245 CONFEDERATE AUTHORITIES. 245 [APRIL 26, 1861.For Walker to Moore, making requisition for one regiment from Alabama, for service at Pensacola, Fla., see Series I, Vol. LII, Part II, p. 71.] A PROCLAMATION BY JOSEPH E. BROWN, GOVERNOR OF GEORGIA. Whereas,.by the oppressive and wicked conduct of the Government and people of that part of the late United States of America known as the anti-slavery States, war actually exists between them and the people of the Southern States; and Whereas, the President of the United States has issued his procla- mation declaring his determination to blockade the ports of the Southern States and is now collecting Federal troops upon Southern soil for the purpose of subjugating and enslaving us; and Whereas, property belonging to citizens of the State of Georgia, whenever found within the anti-slavery States, is seized and forcibly taken from its owners; and Whereas, all contracts made with the enemy during the existence of hostilities are, by the law of nations, illegal and void, and all remedies for the enforcement of contracts in our courts between citizens of this State and citizens of the States now making war upon us, which were made prior to the commencement of hostilities, are suspended till the termination of the war; and Whereas, in the language of the law of nations, the purchase of bills on the enemys country, or the remission and deposit of funds there, is a dangerous and illegal act, because it may be cherishing the resources and relieving the wants of the enemy; and the remission of funds in money or bills to subjects of the enemy is unlawful; and Whereas, sound policy, as well as international law, absolutely for- bids that any citizen of this State shall, under any pretext whatever, assist the enemy by remitting, paying, or furnishing any money or other thing of value, during the continuance of hostilities, to the Government or people of the States which have waged and are main- taining a most unnatural and wicked war against us; and Whereas, justice requires that all sums due from citizens of this State to individuals in such hostile States who do not uphold and sus- tam the savage and cruel warfare inaugurated by their Government should be promptly paid so soon as hostilities have ceased and the independence of the Confederate States is recognized by the Govern- ment of the United States: Therefore, in view of these considerations, I, Joseph E. Brown, Governor and commander-in-chief of the army and navy of the State of Georgia, do issue this my proclamation, commanding and enjoin- ing upon each citizen or inhabitant of this State that he abstain absolutely from all violations of the law above recited, and that he do not, under any pretext whatever, remit, transfer, or pay to the Government of the United States, or any one of the States composing said Government which is known as a free-soil State, including among others the States of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, and Ohio, or to any citizen or inhabitant of any such State, any money, bills, drafts, or other things of value, either in payment of any debt due or hereafter to become due, of, for, or on accoumit of any other cause whatever, until the ter- mination of hostilities Page 246 246 CORRESPONDENCE, ETC. And I hereby invite each citizen or inhabitant of this State who is indebted to said Government, or either of said States, or any citizen or inhabitant thereof, to pay the amount of such indebtedness, when- ever dne, into the treasury of Georgia, in any funds bankable in Augusta or Savannah, or to deposit the same, subject to the order of the treasurer of this State, in any one of the solvent banks of either of said cities, or in any legally authorized agency of either of said banks; and upon the making of any such deposit at the treasury, or upon presentation of any such certificate of deposit, the freasurer of this State is hereby directed and required to deliver to such person a certificate specifying the sum so deposited; which I hereby declare the faith and credit of this State will be pledged to repay to such depositor, in funds bankable in Augusta and Savannah, with 7 per cent. interest from the date of the deposit, so soon as hostilities shall have ceased and it shall again be lawful for debtors to pay the same to creditors in the hostile States above mentioned. This will not only afford to such of our citizens as owe money to Northern creditors, which international law and public policy forbid them at present to pay, a safe investment and the highest security for its return to them at the end of the war, but it will enable them, in the meantime, to perform a patriotic duty, and to assist the State, and through her the Confederate States, in raising the funds necessary to the successful defense of our homes, our firesides, and our altars. And I do further command and strictly enjoin upon all and every chartered bank in this State, which may be in possession of any note, bill, draft, or other paper binding any citizen of this State to pay money to any one of said hostile States, or any inhabitant or corpora- tion thereof, or belonging to any such State or person, to abstain from protesting any such draft, bill, note, or other paper: Provided, The person liable on such bill, draft, note, or other paper will exhibit to such bank, or any of its agencies having such paper in possession, a certificate showing that he has deposited the amount due on such paper in the treasury of this State, or in any one of the banks above mentioned to the credit of the treasury, or will at the time such paper becomes due make such deposit. And I further command and require all notaries public in this State to abstain absolutely from the performance of any official act for the protest of any paper of the character above mentioned nuder such circumstances as are herein- before specified. Given under my hand and the great seal of this State at the cap- itol, in IMlilledgeville, this 26th day of April, in the year of our Lord 1861, and of the Independence of the Confederate States of America the first. JOSEPH E. BROWN. By the Governor: E. P. WATKINS, Secretary of State. [APRIL 26, 1861.For Walker to Jackson, calling for one regiment from Missouri, see Series I, Vol. I, p. 689.] [APRIL 26, 1861.For Walker to Letcher, in relation to the organi- zation, distribution, & c., of the military force of Virginia, see Series I, Vol. II, p. 783. Page 247 CONFEDERATE AUTHORITIES. 247 WAR DEPARTMENT, The PRESIDENT: April 27, 1861. SIR: In compliance with your direction I have the honor to submit to you the following report: The Department of War was created by an act approved on the 21st of February last. The condition of the country demanded that not only an organization of the Department proper should be made as speedily as possible, but that preparation should be made at the same time, in view of the contingency of imme- diate hostilities, for organizing the forces provided by law and of so disposing them that they might act with promptness and efficiency at whatever points the exigencies of the Confederacy might require. This has been necessarily a task of great labor, and, within the period allowed me, one of almost insuperable difficulties. In the report of the Adjutant and Inspector General (April 25), which accompanies this, marked A, will be found full information concerning the forces, regular, volunteer, and provisional, raised and called for under the authorities of the several acts of Congress, together with details relating to their organization and distribution. I refer you especially to that report, and commend to your consider- ation and approval the suggestions made to render time service more efficient by increasing both the number of regiments in the Regular Army and the number of officers in the different staff corps now authorized by law. It will be seen that, in addition to the regular troops and the provisional forces of South Carolina, 60,000 volunteers have been conditionally called for under your requisitions of March and April; and that because of new emergencies arising since the 16th of April, an additional force of 15,000 has been asked for. Under these calls 20,000 men have been placed nuder the control of the Con- federate Government, and are now in po~ition on our sea-board, while 16,000 and more have been accepted and are being forwarded to their destination. It is more than probable that existing circum- stances will require that all of these conditional demands of the Gov- eminent upon the States shall be made absolute, and our immense frontier lines, north, south, and west, either now existing or soon to be acquired, without regard to other considerations scarcely less exacting, demand the increase asked for in the Regular Army. The Quartermaster-Generals Department has been placed in charge of Lient. Col. A. C. Myers, as Acting Quartermaster-General, and that officer has prepared under my instructions the estimates pertaining to his department, including the pay of officers and soldiers for a force in the field of 100,000 men for nine months and twentyAlve days, to complete the fiscal year terminating the 18th day of February, 1862. The estimates of appropriations for the Commissary-Generals Depart- ment, under charge of Lieut. Col. L. B. Northrop, for the subsistence of the same forces, are made for the same period. These estimates call for large appropriations, but I am convinced that they cannot be reduced with any proper regard for efficient operations. The reports of the Q nartermnaster-General and the Commissary-General, respec- tively, marked B and C, * will furnish the details on which these esti- mates are based. No reports having been yet received from the disbursing officers in the Quartermasters Department, it is impossible to give any statement of the expenditures under the several appro- priations made by Congress for that branch of the public service. * None of the inclosures to this report are found, except the report of the Adjutant and Inspector General and the estimate of the Acting Quartermaster- General, marked, respectively, A and B Page 248 248 CORRESPONDENCE, ETC. The medical department of the Regular Army has not yet been organ- ized, chiefly from the fact that up to this time only a small proportion of its officers have been appointed for the service of the provisional and volunteer forces now in the field. The discretion allowed me by Congress of making temporary acting appointments of assistant sur- geons has been exercised. I would respectfully suggest that the interestis of the service require the increase of the medical staff of the Army suggested in the report of the Adjutant and Inspector General. The Bureau of Ordnance, attached to the Corps of Artillery, has been placed under the direction of Maj. J. Gorgas, as actiiig chief. The estimates for this branch of the service for the remainder of the fiscal year are embodied in his report, marked D,* and herewith submitted. The report of the Engineer Bureau, marked E, * also under charge of Maj. J. Gorgas, furnishes the estimates which will be required for the service of that department. A statement, marked F, * of the several appropriations made by Congress for the support of the Regular Army, and the purchase of ordnance and ordnance stores for the support of the volunteer forces called into service under the act to provide for the public defense, for the support of 5,000 men for twelve months at Charleston, and for the support of the War Department proper, together with the expenditures, is herewith transmitted. The Bureau of Indian Affairs, attached to the War Department, has been organized and placed under the direction of the Hon. David Hubbard, as Commissioner. So far this Bureau has found but little to do. The necessity for the extension of the military arm of the Government toward the frontier, and the attitude of Arkansas, with- out the Confederacy, have contributed to circumscribe its action. But this branch of the public service doubtless will now grow in impor- tance in consequence of the early probable accession of Arkansas to the Confederacy; of the friendly sentiments of the Creeks, Cherokees, Choctaws, and Chickasaws, and other tribes west of Arkansas toward this Government; of our difficulties with the tribes on the Texas frontier; of our hostilities with the United States, and of our prob- able future relations with the Territories of Arizona and New Mexico. The estimates presented have been made for the continuous support of a force in the field of 100,000 men during the current year, this nuin- ber being the smallest that prudence would dictate to be maintained in view of actual hostilities. The accession of Virginia to the Confed- erate States, the present earnest co-operation of the remaining border slave-holding States with our cause and their probable early adhesion to our Government, together with the power and resources the common enemy are bringing to bear against the whole, ren~ler this amount of force, in my judgment, imperative. Preparation on a smaller scale would but contribute to protract the war. Vigorous measures alone will deter the foe and assure the defense of the country. In place of the present organization of the clerical force of this Department I would respectfully suggest that in the appropriations for that purpose made by Congress the sum of ~25,000 be placed at the disposal of the Secretary of War, to be applied by him for salaries in such manner as to secure the best services; to this might be added a proviso that any additional clerks employed under exigencies of public service shall not receive a greater annual compensation than ~1,000 each. This change, without materially increasing the expenses * None of the inclosures to this report are found, except the report of the Adjutant and Inspector General and the estimate of the Acting Quartermaster- General, marked, respectively, A and B Page 249 CONFEDERATE AUTHORITIES. 249 of the Department, will greatly promote its efficiency by enabling the Secretary to graduate the salaries according to merit. Under the resolutions of Congress approved March 15, recommending to the sev- eral States to cede to the Confederate States the forts, arsenals, navy-yards, dock-yards, and other public establishments within their respective limits, such cessions have already been made and the establishments specified have been formally transferred to this Gov- ernment by each of the States. Some difficulty has grown out of the construction and practical application of the laws under which the forces shown by the report of the Adjutant-General were brought into service. By the act to raise provisional forces the President was authorized to receive into the Confederate service such troops as were in the service of the several States at the date of the passage of the act, and these troops were to be supported out of the appropriation for the maintenance of the Regular Army. As there were but few troops in the several States regularly organized at the date of the passage of the act, a rigid con- struction of its terms would have defeated its spirit and object. After due reflection 1 determined to receive those companies, battalions, and regiments whose organizations were inchoate at the date of the act. This resort to the spirit of the act rather than to its strict letter did not, however, suffice to enable this Department to meet the exigencies for troops. It became necessary to recur to the act to provide for the public defense, and to exercise the discretionary power lodged in the President by that act for the raising of volunteer forces to be supported out of another appropriation than that for the Regular Army. Thus, two classes of troops, differently enlisted, organized, and supported, came to be merged into the public service. The Attorney-General advised that a calculation as nearly exact as possible be made of the relative proportions of these two classes of troops composing the Provisional Army, in order to apportion the cost of each kind between the appropriations in the acts cited. I have concluded that the number of those entitled strictly to be classified under the first act is too inconsiderable to justify the Department at this important juncture in consuming time to arrive at what after all would be but a bare approximation. The irregularity is purely tech- nical; cannot work pecuniary loss to the Government; was the result of necessity, and can be readily cured by legislation. An arrangement should be devised to obviate the difficulty and embarrassment which will result to the service in respect to the rela- tive rank of general officers. The highest rank authorized by law in the Army of the Confederate States and in the Provi~ional Army is that of brigadier-general, while in the army of the several States the highest military rank is major-general. The result of this state of facts will be, that whenever a combination of State and Federal troops occurs in sufficient numbers to justify the employment of general officers, the major-general of State troops must take command of the whole and give the orders needful to the service to the prejudice of the brigadier-general of regular or provisional forces, notwithstanding the latter may have been selected for his peculiar fitness for the com- mand, and been appointed by the President, by and with the advice and consent of Congress, as required by law. To obviate this diffi- culty and embarrassment it is suggested that the grade of brigadier- general in the Confederate as well as in the Provisional Army be con- verted into that of general, in which case they will have precedence of all other generat officers Page 250 250 CORRESPONDENCE, ETC. In addition to the suggestions made in the report of the Adjutant- General concerning the organization of the staff corps, to which I have already called attention, I would respectfully recommend a divisioii of the duties of the Quartermasters Department, and a recurrence to the system of the Uiiited States, with which our officers are familiarized, by the establishment of a regular pay department, with its own force. Either this change or a considerable increase in the quartermasters staff is indispensable. While the difference in expense to the Government would be inconsiderable, in my opinion greater efficiency in the service would be promoted through an inde- pendent pay department. I would fail in my duty if I did not earnestly recomnmen(l that an appropriation be made for the establishment of powder mills and for the purchase of the materials of which gunpowder is composed. This has become the more necessary in consequence of the closino of the channels through which we have been heretofore supplied. This sub- ject is of such obvious and paramount importance that I deem it sufficient merely to mention it. The appropriation of $25,000 by the act of the Congress approved March 15, 1861, for incidental and contingent expenses of this Depart- ment, is, in the present condition of the country, wholly inadequate. One or two items, properly coming under the head of incidental and contingent expenses, will absorb this appropriation, whilst there are other contingencies daily occurring connected with the military serv- ice for which provision should be made. The operations for the general defense have been carried on chiefly along the extended line of our coast. The principal points at which these operations have been important are the harbor of Charleston, the harbor of Pensacola, the defenses at and near the mouths of the Mississippi River, including an examimiation of the Atchafalaya, the harbor of Mobile, the defenses of the Savannah River, the Upper Mis- sissippi River, in connection with the defenses at Memphis, Helena, and other points in friendly slave-holding States not yet members of this Confederacy, at Apalachicola, together with an examination into the military necessities of Galveston and the coast of Texas. The command of the harbor at Charleston was devolved some weeks ago upon Brig. Gen. G. T. Beauregard, of the Provisional Ammy of the Confederate States. The extensive military preparations there comnmenced and very greatly advanced under the authority of the State of South Carolina were completed under the direction of this experienced officer. They were crowned on the 14th day of the pres- ent mouth with success in the surrender of FQrt Sumter, after a bom- bardment of thirty-four hours, which, in all its circumstances, was most gratifying to the country, and reflected the highest credit on our arms. I beg especially to commend the gallantry, discretion, and judgment displayed by General Beauregard in a position of great delicacy and responsibility, and to express the appreciation enter- tained by this Department of the excellent conduct of the officers and men of his command. In this connection it is proper to mention that the State of South Carolina insisted on defraying all the expenses of the operations in the harbor of Charleston. This noble conduct shows her to be worthy of her ancient renown and commands our highest admiration. The expenses she has thus defrayed in the defense of her principal har- bor and in the reduction of her principal fortress, having been incurred for the common defense, constitute justly a debt against th Page 251 CONFEDERATE AUTHORITIES. 251 Confederate Government, which may now be refunded without offend- ing her pride. The correspondence herewith submitted, marked G,* discloses the bad faith of the Government at Washington and reveals the circumstances nnder which the instant reduction of Fort Sumter was rendered imperative. Next in importance to Fort Sumter the attention of the Government has been claimed by Fort Pickens. The command of the harbor of Pensacola was assigned at an early day to Brig. Gen. Braxton Bragg, who is still in charge of the operations against Fort Pickens. That skillful officer has been strengthening his works and augmenting his ability for the reduction of this for- midable stronghold, which was powerfully re-enforced by the Govern- ment at Washington in violation of the agreement between its authorities and those of the government of Florida, and renewed between General Bragg, in behalf of the Confederate States, and the U. S. officer in command at the post, as well as the officer in command of the U. S. fleet, as will appear from the correspondence hereto appended, marked 11.1 The defenses of the mouths of the Mississippi have received that attention their importance demanded. The armaments of Forts Jack- son and Saint Philip have been strengthened, and they have also been garrisoned by a force which is believed to be sufficient for the protec- tion of the city of New Orleans. Fort Morgan, in Mobile Harbor, has been placed in an efficient condition. It is fully manned and possesses an ample armament. The command of Colonel ilardee, in charge of the fort, has been extended to Grants Pass, and the supervision of all other approaches to the harbor of Mobile. The cutter Morgan, belong- ing to the Government, has been placed at his disposal, and he has been instructed to erect batteries at such points as he may deem nec- essary for perfect defense and security. Fort Pulaski, at the mouth of the Savannah River, has been quite recently transferred to this Gov- ernment by the State of Georgia, but it now has an effective armament and is fully garrisoned, and is in command of Brig. Gen. A. R. Lawton, of the provisional forces. Certain points on the Mississippi River in the States of Tennessee and Arkansas, although without the limits of the Confederacy, have assumed no little importance in connection with current events. Among these are Memphis and Helena, at each of which it is believed that batteries can be erected that would effectually command the river. These places being within the territory of States entirely friendly to this Government, the Department had no hesita- tion in detailing an officer to make examinations, with the view of erecting such works as might be judged expedient to prevent a descent of the Mississippi by an invading force fromn the Nortti. Texas has exercised the solicitude of this Department to no inconsiderable extent. Constant importunities have been received from the Governor and other prominent citizens of that State, urging upon this Government the care of the line of the Rio Grande, the coast line embracing the harbor of Galveston and her imnmense extent of Indian frontier. With a sincere wish to afford the desired protection, Lieutenant Sayre, of the Confederate Navy, was dispatched to Texas in March last to mus- ter iuto service a regiment of mounted riflemen, under comnmand of Col. Henry E. MeCulloch, and since then an additional regimuent of cavalry has been authorized. Both of these regiments will be assigned to duty along the Indian frontier. A regiment of infantry will occupy * Not found, but probably embraced in the Correspondence, & c., Series I, Vol. 1. pp.252-317. ~ Not found, but see Operations in Florida, Series I, Vol. I, pp. 331473 Page 252 252 CORRESPONDENCE, ETC. the line of the Rio Grande. While these movements are progressing other measures of protection against hostile demonstrations are being forwarded, among which the harbor of Galveston has claimed atten- tion. I have found it necessary to appoint agents to take charge of such stores, munitions, and other property taken from the U. S. authorities recently in Texas by the State itself as ~he might think proper to transfer to this Government. The importance of the question of the defenses of Texas is greatly enhanced by their connection with the future probable annexation of New Mexico and Arizona to this Confederacy. Recent events render it manifest that the most friendly disposition in those Territories exists toward this Government. A vigorous protection of the frontier of Texas bordering upon them must contribute to strengthen their confidence in our ability to maintain our own independence and to secure the permanent safety of all who shall adopt our flag. I cannot more appropriately conclude this report than by urging upon Congress the passage of a law empowering this Department to appoint chaplains for the service. Military experience demonstrates the importance of religions habitudes to the morality, good order, and general discipline of an army in the camp or in the field. If we expect God to bless us in our struggle in defense of our rightsto terminate, in all probability, only after a protracted and bloody war we must recognize Him in our actions. All which is respectfully submitted. L. P. WALKER, Secretary of TYar. A. ADJUTANT AND INSPECTOR GENERALS OFFICE, Hon. L. P. WALKER, Montgomery, April 25, 1861. Secretary of War, Montgomery, Ala.: SIR: In compliance with your instructions I have the honor to sub- mit the following report: The organization of the Army has pro- gressed as far as the number of officers appointed would justify. The several staff departments have been arranged to some extent, but there are still in those several vacancies yet to be filled. Nearly one-third of the officers of artillery have been appointed out of 172 authormzed by law. The officers for two of the six regiments of infantry anthorized have been appointed and organized into two regi- ments, but as yet only eight officers have been appointed for time sin- gle regiment of cavalry. The recruiting servk~e haslzeen commenced in various sections of the country, and speedy and favorable results are anticipated; but the want of a regularly organized force for the permanent army has not been so much felt on account of the ready response to the call made on the several States for volunteers. On the 9th of March a requisition was made on the States of Georgia, Florida, Alabama, Mississippi, and Louisiana for 8,000 volunteers. South Carolina, at that time having upward of 5,000 of her own troops in the State service in Charleston Harbor, was not called upon for her quota. This requisition was soon filled and the troops put in position. Again, on the 8th of April a requisition was made for 20,000 volun- teers from the several States, to be held in readiness for service. This requisition has also been filled promptly. And, finally, a fur- ther requisition, on the 16th of the same mnonth, for 34,000 volunteers Page 253 CONFEDERATE AUTHORITIES. 253 making in all upward of 62,000 troops, independently of the 5,000 South Carolina State troops in the harbor of Charleston, above referred to. Of this whole number more than 25,000, including those in Charleston Harbor, are in position on our southern sea-board and the frontier of Texas, leaving the remainder for operations elsewhere. Since the 16th of April further calls have been made for 15,000 addi- tional volunteers, and they are now being sent forward to their des- tination. As a copy of the correspondence of the commanding general in Charleston accompanies this report, I would respectfully refer you to it for a detail of the military operations in the harbor. * The several permanent fortifications which guard the approaches to the harbors on the southern coast are in a state of defense, and are occupied by garrisons for a state of war, the largest portion of this force being distributed at several points in the harbor of Pensa- cola, including the permanent works of Fort MeRee and Barrancas. This force consists of over 8,000 men. I would respectfully invite your attention to the following remarks in respect to the present organization of the Army. Under existing laws the military estab- lishment consists of the following staff departments, corps, and regi- ments, viz: Adjutant- Generals Department. Two lieutenant-colonels, two majors, and four captains. Quartermaster- Generals Department.One colonel, one lieutenant- colonel, and four majors. Commissary- Generals Department. One colonel, one lieutenant- colonel, one major, and three captains. Medical Department.One surgeon-general, four surgeons, and six assistant surgeons. Corps of Ertgineers.One colonel, four majors, and five captains. Corps Artillery and Ordnance.One colonel, one lieutenant- colonel, ten majors, forty captains, eighty first lieutenants, forty sec- ond lieutenants for forty comupanies, one regimuent of cavalry, and six regiments of infantry. This force can scarcely be deemed sufficient for a state of war, in which we are about to engage, and for the protection of our Indian and other frontiers, when it is recollected that the permanent peace establishment of the United States is not less than 18,000 troops, com- posed of not less than nineteen regiments, with a complete staff on a war footing. I would therefore suggest, as an approximation to a proper organization at this time, that the present authorized force of the Regular Army of the Confederate States be increased by one regi- ment of cavalry and two regiments of infantry ~as at present organ- ized, and that there be added to the Adjutant-Generals Departmuent two captains, to the Quartermasters Department two majors and six captains, to the Commissary-Generals Department three captains, to the Medical Department six surgeons and fourteen assistant sur- geons (the Medical Department of the U. S. Armny consists of thirty surgeons and eighty-four assistant surgeons), to the Corps of Engi- neers five captains, to the Corps of Artillery one lieutenant-colonel, two majors, and as many military store-keepers, with the pay and allowance of captain of infantry, as the service may require, not to exceed six, and an ordnance-sergeant for each muilitary post. I have the honor to be, very respectfully, your obedient servant, S. COOPER, Adjutant and inspector General. * See Series 1, Vol. I Page 254 254 CORRESPONDENCE, ETC. B. APRIL 27, 1861. Hon. L. P. WALKER, Secretary of War: SIR: I have the honor to submit a statement of the amount that will be required for disbursement by the Quartermasters and Pay Departments for the support of the Regular Army of the Confederate States of America, and for the pay, subsistence, and transportation of volunteer forces, & c., now in service; also for the 100 regiments estimated for a few days since, viz: For the Regular Army and volun- teer forces now in service to July 1, 1861, $920,000; for 100 regiments per estimate to same date, $5,567,729; total, $6,487,729. For the Regular Army and volunteer forces now in service to October, 1861, $2,700,614; for 100 regiments per estimate to same date, $8,361,593.50; total, $11,062,207.50. Total [to October], $17,549,936.50. For the Regular Army and volunteer forces now in service to January, 1862, $2,810,614; for 100 regiments per estimate to same date, $8,361,593.50; total, $11,172,207.50. Total to January 1, 1862, $28,722,144. I have the honor to be, sir, & c., A. C. MYERS, Acting Quartermaster- General. EXECUTIVE DEPARTMENT, Hon. L. ~. WALKER, lJiliilledgeville, Ga., April 27, 1861. Secretary of War, Montgomery, Ala.: SIR: While I assure you I entertain no feelings of jealousy on account of your exercising the right to appoint surgeons and assistant surgeons for the troops raised in Georgia and furnished to the Con- federate States, yet, as conflicting information on the subject has reached me (having but a few days since been furnished by Doctor Blackburn, of Barnesville, Ga., with what purported to be an extract from a letter from you, stating that all surgeons are now appointed by the Governors of the States where volunteer regiments are raised and tendered to the Government, and that when thus appointed they rank as assistant surgeons in the Regular Army, and then only yes- terday having received your telegram in which you say in reference to such surgeons, I appoint them), I venture to trouble you with this note, and beg you to inform me definitely on the subject. Permit me also to inquire if you have appointed the surgeons to the volunteer troops which have been furnished by other States to the Confederate States, and as I have not before me all the acts passed by the Provis- ional Congress, be pleased to cite me to, and if convenient furnish me with, the act or other authority under which the appointing power above alluded to is claimed to be exercised by the Secretary of War of the Confederate States. Believe me, very truly, your obedient servant, JOSEPH E. BROWN. MILLEDGEVILLE, April 27, 1861. Hon. L. P. WALKER: Please say definitely whether you will receive volunteers into serv- ice by divisions and brigades, as I have a division of two brigades of fine soldiers nearly ready. JOSEPH E. BROWN Page 255 CONFEDERATE AUTHORITIES. 255 RICHMOND, April 27, 1861. Hon. JEFFERSON DAVIS, President of the Confederate States of America: I am instructed by the convention of Virginia to communicate to you the following resolution adopted this day: Resolved by this convention, That the President of the Confederate States of America and the constituted authorities of the Confederacy be, and they are hereby, cordially and respectfully invited, whenever in their opinion the public interest or convenience may require it, to make the city of Richmond or some other place in this State the seat of the Government of the Confederacy. Very respectfully, your obedient servant, JOHN JANNEY, President. BATON ROUGE, LA., April 28, 1861. His Excellency JEFFERSON DAVIS, President of the Southern Confederacy: SIR: Taking in view the present crisis which overhangs our country, and knowing that in a few weeks the Southern Confederacy will be invaded by a Northern army, I would beg most respectfully, Mr. President, to call your attention to the facts that there are at this present moment some 3,000 or 4,000 men confined in the different penitentiaries of the seceded States who would be perfectly willing to take up arms for the cause of the beloved South. Mr. President, there are many in here that have served in the Florida war, and also served with distinction in the battles of Cerro Gordo, Chapultepec, and Monterey. I am a true Southerner by birth and can assure you, Mr. President, that the same military spirit that pervades my country- men outside exists also amongst us within these prison walls. Mr. President, there are enough of brave men within the prison walls of the South to form several full regiments, and I am fully confident that not an officer in the Confederate States that would object to command them. During the Crimean war a similar plan was submitted to the British Admiralty, emanating from prisoners, who at once laid the matter before some of the most experienced officers in England. It immediately met their approbation, and, in fact, they offered to com- mand them, but the fall of Sebastopol and with it peace being consum- mated put an end to the scheme. It is true, Mr. President, we have committed overt acts, but I am convinced that if you, together with the several Governors of the seceded States, will but ghe us a chance in this coming campaign, I am confident that we will prove to the South by many a well-contested battle that we were worthy of the generosity of those who raised us from a degrading position to fight the battles for the land we love and revere. There is, Mr. President, I doubt scarcely a single man within these walls that would not rather be fighting for the glorious South than be lingering out a miserable existence within this living tomb. I thus have taken the liberty to address you, Mr. President, on the subject, feeling confident that if the idea meets your approbation it will be readily complied with by the respective Governors of the seceded States at your solicitation and suggestion. I am, sir, with great respect, your obedient servant, WM. R. STRIPLIN Page 256 256 CORRESPONDENCE, ETC. MONTGOMERY, April 29, 1861. GENTLEMEN OF THE CONGRESS: It is my pleasing duty to announce to you that the Constitution framed for the establishment of a permanent Government for the Con- federate States has been ratified by conventions in each of those States to which it was referred. To inaugurate the Government in its full proportions and upon its own substantial basis of the popular will, it only remains that elections should be held for the designation of the officers to administer it. There is every reason to believe that at no distant day other States, identified in political principles and community of interests with those which you represent, will join this Confederacy, giving to its typical constellation increased splendor, to its Government of free, equal, and sovereign States a wider sphere of usefulness, and to the friends of constitutional liberty a greater security for its harmonious and perpetual existence. It was not, however, for the purpose of making this announcement that I have deemed it my duty to convoke you at an earlier day than that fixed by yourselves for your meeting. The declaration of war made against this Confederacy by Abraham Lincoln, the President of the United States, in his proclamation issued on the 15th day of the present month,* rendered it necessary, in my judgment, that you should con- vene at the earliest practicable moment to devise the measures nec- essary for the defense of the country. The occasion is indeed an extraordinary one. It justifies me in a brief review of the relations heretofore existing between us and the States which now unite in war- fare against us and in a succinct statement of the events which have resulted in this warfare, to the end that mankind may pass intelligent and impartial judgment on its motives and objects. During the war waged against Great Britain by her colonies on this continent a com- mon danger impelled them to a close alliance and to the formation of a Confederation, by the terms of which the colonies, styling themselves States, entered severally into a firm league of friendship with each other for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pre- tense whatever. In order to guard against any misconstruction of their compact the several States made explicit declaration in a dis- tinct articlethat each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by this Confederation expressly delegated to the United States in Congress assembled. Under this contract of alliance, the war of the Revolution was suc- cessfully waged, and resulted in the treaty of peace with Great Britain in 1783, by the terms of which the several States were each by name recognized to be independent. The Articles of Confederation con- tained a clause whereby all alterations were prohibited unless confirmed by the Legislatures of every State after being agreed to by the Con- gress; and in obedience to this provision, under the resolution of Congress of the 21st of February, 1787, the several States appointed delegates who attended a convention for the sole and express pur- pose of revising the Articles of Confederation and reporting to Con- gress and the several Legislatures such alterations and provisions therein as shall, when agreed to in Comigress and confirmed by the * See Series III, Vol. I, p. 67 Page 257 CONFEDERATE AUTHORITIES. ~257 States, render the Federal Constitution adequate to the exigencies of Government and the preservation of the Union. It was by the del- egates chosen by the several States under the resolution just quoted that the Constitution of the United States was framed in 1787 and submitted to the several States for ratification, as shown by the sev- enth article, which is in these words: The ratification of the con- ventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifyiiig the same. I have itali- cized certain words in the quotations just made for the purpose of attracting attention to the singular and marked caution with which the States endeavored in every possible form to exclude the idea that the separate and independent sovereignty of each State was merged into one common government and nation, and the earnest desire they evinced to impress on the Constitution its true characterthat of a compact between independent States. The Constitution of 1787, hav- ing, however, omitted the clause already recited from the Articles of Confederation, which provided in explicit terms that each State retained its sovereignty and independence, some alarm was felt in the States, when invited to ratify the Constitution, lest this omission should be construed into an abandonment of their cherished principle, and they refused to be satisfied until amendments were added to the Consti- tution placing beyond any pretense of doubt the reservation by the States of all their sovereign rights and powers not expressly delegated to the United States by the Constitution. Strange, indeed, must it appear to the impartial observer, but it is none the less true that all these carefully worded clauses proved unavailing to prevent the rise and growth in the Northern States of a political school which has persistently claimed that the government thus formed was not a compact between States, but was in effect a national government, set up above and over the States. An organi- zation created by the States to secure the blessings of liberty and independence against foreign aggression, has been gradually per- verted into a machine for their control in their domestic affairs. The creature has been exalted above its creators; the principals have been made subordinate to the agent appointed by themselves. The people of the Southern States, whose almost exclusive occupation was agriculture, early perceived a tendency in the Northern States to render the common government subservient to their own purposes by imposing burdens on commerce as a protection to their manufactur- ing and shipping interests. Long and angry controversies grew out of these attempts, often successful, to benefit one section of the country at the expense of the other. And the danger oEf disruption arising from this cause was enhanced by the fact that the Northern population was increasing, by immigration and other causes, in a greater ratio than the population of the South. By degrees, as the Northern States gained preponderance in the National Congress, self- interest taught their people to yield ready assent to any plausible advocacy of their right as a majority to govern the minority without control. They learned to listen with impatience to the suggestion of any constitutional impediment to the exercise of their will, and so utterly have the principles of the Constitution been corrupted in the Northern mind that, in the inaugural address delivered by President Lincoln in March last, he asserts as an axiom, which he plainly deems to be undeniable, that the theory of the Constitntion requires that in all cases the majority shall govern; and in another memorable instance 17 R RSERIE5 Iv, ~OL Page 258 258 CORRESPONDENCE, ETC. the same Chief Magistrate did not hesitate to liken the relations between a State and the United States to those which exist between a county and the State in which it is situated and by which it was created. This is the lamentable and fundamental error on which rests the policy that has culminated in his declaration of war against these Confederate States. In addition to the long-continued and deep-seated resentment felt by the Southern States at the persistent abuse of the powers they had delegated to the Congress, for the purpose of enriching the manufacturing and shipping classes of the North at the expense of the South, there has existed for nearly half a century another subject of discord, involving interests of such transcendent magnitude as at all times to create the apprehension in the minds of many devoted lovers of the Union that its permanence was impossible. When the several States delegated certain powers to the United States Congress, a large portion of the laboring popu- lation consisted of African slaves imported into the colonies by the mother country. In twelve out of the thirteen States negro slavery existed, and the right of property in slaves was protected by law. This property was recognized in the Constitution, and provision was made agaiiist its loss by the escape of the slave. The increase in the number of slaves by further importation from Africa was also secured by a clause forbidding Congress to prohibit the slave-trade anterior to a certain date, and in no clause can there be found any delegation of power to the Congress authorizing it in any manner to legislate to the prejudice, detriment, or discouragement of the owners of that species of property, or excluding it from the protection of the Government. The climate and soil of the Northern States soon proved unpropi- tious to the continuance of slave labor, whilst the converse was the case at the South. Under the unrestricted free intercourse between the two sections, the Northern States consulted their own interests by selling their slaves to the South and prohibiting slavery within their limits. The South were willing purchasers of a property suit- able to their wants, and paid the price of the acquisition without harboring a suspicion that their quiet possession was to be disturbed by those who were inhibited not only by want of constitutional author- ity, but by good faith as vendors, from disquieting a title emanating from themselves. As soon, however, as the Northern States that prohibited African slavery within their limits had reached a number sufficient to give their representation a controlling voice in the Con- gress, a persistent and organized system of hostile measures against the rights of the owners of slaves in the Southern States was inaugu- rated and gradually extended. A continuous series of measures was devised and prosecuted for the purpose of rendering insecure the tenure of property in slaves. Fanatical organizations, supplied with money by voluntary subscriptions, were assiduously engaged in excit- ing amongst the slaves a spirit of discontent and revolt; means were furnished for their escape from their owners, and agents secretly employed to entice them to abscond; the constitutional provision for their rendition to their owners was first evaded, then openly de- nounced as a violation of conscientious obligation and religious duty; men were taught that it was a merit to elude, disobey, and violently oppose the execution of the laws enacted to secure the performance of the promise contained in the constitutional compact; owners of slaves were mobbed and even murdered in open day solely for apply- ing to a magistrate for the arrest of a fugitive slave; the dogma Page 259 CONFEDERATE AUTHORITLE~ 259 of these voluntary organizations soon obtained control of the Leg- islatures of many of the Northern States, and laws were passed providing for the punishment, by ruinous fines and long-continued imprisonment in jails and penitentiaries, of citizens of the Southern States who should dare to ask aid of the officers of the law for the recovery of their property. Emboldened by success, the theater of agitation and aggression against the clearly expressed constitutional rights of the Southern States was transferred to the Congress; Sena- tors and Representatives were sent to the common councils of the Nation, whose chief title to this distinction consisted in the display of a spirit of ultra fanaticism, and whose business was not to promote the general welfare or insure domestic tranquillity, but to awaken the bitterest hatred against the citizens of sister States by violent denun- ciation of their institutions; the transaction of public affairs was impeded by repeated efforts to usurp powers not delegated by the Constitution, for the purpose of impairing the security of property in slaves, and reducing those States which held slaves to a condition of inferiority. Finally a great party was organized for the purpose of obtaining the administration of the Government, with the avowed object of using its power for the total exclusion of the slave States from all participation in the benefits of the public domain acquired by all the States in common, whether by conquest or purchase; of surrounding them entirely by States in which slavery should be pro hibited; of thus rendering the property in slaves so insecure as to be comparatively worthless, and thereby annihilating in effect property worth thousands of millions of dollars. This party, thus organized, succeeded in the month of November last in the election of its candi- date for the Presidency of the United States. In the meantime, under the mild and genial climate of the South- ern States and the increasing care and attention for the well-being and comfort of the laboring class, dictated alike by interest and humanity, the African slaves had augmented in number from about 600,000, at the date of the adoption of the constitutional compact, to upward of 4,000,000. In moral and social condition they had been elevated from brutal savages into docile, intelligent, and ciyilized agri- cultural laborers, and supplied not only with bodily comforts but with careful religious instruction. Under the supervision of a superior race their labor had been so directed as not only to allow a gradual and marked amelioration of their own condition, but to convert hun- dreds of thousands of square miles of the wilderness into cultivated lands covered with a prosperous people; towns and cities had sprung into existence, and had rapidly increased in wealth an~ population under the social system of the South; the white population of the Southern slave-holding States had augmented from about 1,250,000 at the date of the adoption of the Constitution to more than 8,500,000 in 1860; and the productions of the South in cotton, rice, sugar, and tobacco, for the full development and continuance of which the labor of African slaves was and is indispensable, had swollen to an amount which formed nearly three-fourths of the exports of the whole United States and had become absolutely necessary to the wants of civilized man. With interests of such overwhelming magnitude imperiled, the people of the Southern States were driven by the conduct of the North to the adoption of some course of action to avert the danger with which they were openly menaced. With this view the Legisla- tures of the, several States invited the people to select delegates to conventions to be held for the purpose of determining for themselve Page 260 260 CORRESPONDENCE, ETC. what measures were best adapted to meet so alarming a crisis in their history. Here it may be proper to observe that from a period as early as 1798 there had existed in all of the States of the Union a party almost uninterruptedly in the majority based upon the creed that each State was, in the last resort, the sole judge as well of its wrongs as of the mode and measure of redress. Indeed, it is obvious that under the law of nations this principle is an axiom as applied to the relations of independent sovereign States, such as those which had united them- selves under the constitutional compact. The Democratic party of the United States repeated, in its successful canvass in 1856, the decla- ration made in numerous previous political contests, that it would faithfully abide by and uphold the principles laid down in the Ken- tucky and Virginia resolutions of 1798, and in the report of Mr. Mad- ison to the Virginia Legislature in 1799; and that it adopts those prin- ciples as constituting one of the main foundations of its political creed. The principles thus emphatically announced embrace that to which I have already advertedthe right of each State to judge of and redress the wrongs of which it complains. These principles were maintained by overwhelming majorities of the people of all the States of the Union at different elections, especially in the elections of Mr. Jefferson in 1805, Mr. Madison in 1809, and Mr. Pierce in 1852. In the exercise of a right so ancient, so well established, and so neces- sary for self-preservation, the people of the Confederate States, in their conventions, determined that the wrongs which they had suf- fered and the evils with which they were menaced required that they should revoke the delegation of powers to the Federal Government which they had ratified in their several conventions. They conse- quently passed ordinances resuming all their rights as sovereign and independent States and dissolved their connection with the other States of the Union. Having done this, they proceeded to form a new compact amongst themselves by new articles of confederation, which have been also ratified by the conventions of the several States with an approach to unanimity far exceeding that of the conventions which adopted the Constitutio~a of 1787. They have organized their new Government in all its departments; the functions of the executive, legislative, and judicial magistrates are performed in accordance with the will of the people, as displayed not merely in a cheerful acquiescence, but in the enthusiastic support of the Government thus established by them- selves; and but for the interference of the Government of the United States in this legitimate exercise of the right of a people to self-govern- mnent, peace, happiness, and prosperity would now smile on our land. That peace is ardently desired by this Government and people has been manifested in every possible form. Scarce had you assembled in February last when, prior even to the inauguration of the Chief Magistrate you~had elected, you passed a resolution expressive of your desire for the appointment of commissioners to be sent to the Govern- ment of the United States for the purpose of negotiating friendly relations between that Government and the Confederate States of America, and for the settlement of all questions of disagreement between the two Governments upon principles of right, justice, equity, and good faith. It was my pleasure as well as my duty to co-operate with you in this work of peace. Indeed, iii my address to you on taking the oath of office, and before receiving from you the communication of this resolution, I had said as a necessity, not a choice, we have resorted to the remedy of separation, and hencefort Page 261 CONFEDERATE AUTHORITIES. 261 our energies must be directed to the conduct of our own affairs and the perpetuity of the Confederacy which we have formed. If a just perception of mutual interests shall permit us peaceably to pursue our separate political career my most earnest desire will have been fulfilled. It was in furtherance of these accordant views of the Con- gress and the Executive that I made choice of three discreet, able, and distinguished citizens, who repaired to Washington. Aided by their cordial co-operation and that of the Secretary of State, every effort compatible with self-respect and the dignity of the Confederacy was exhausted before I allowed myself to yield to the conviction that the Government of the United States was determined to attempt the conquest of this people and that our cherished hopes of peace were unattainable. On the arrival of our commissioners in Washington on the 5th of March they postponed, at the suggestion of a friendly intermediary, doing more than giving informal notice of their arrival. Whis was done with a view to afford time tQ the President, who had just been inaugurated, for the discharge of other pressing official duties in the organization of his Administration before engaging his attention in the object of their mission. It was not until the 12th of the umouth that they officially addressed the Secretary of State, informing him of the purpose of their arrival, and stating, in the language of their instructions, their wish to make to the Government of the United States overtures for the opening of negotiations, assuring the Govern- ment of the United States that the President, Congress, and people of the Confederate States earnestly desire a peaceful solution of these great questions; that it is neither their interest nor their wish to make any demand which is not founded on strictest justice, nor do any act to injure their late confederates. To this communication no formal reply was received until the 8th of April. During time interval the commissioners had consented to waive all questions of form. With the firm resolve to avoid war if possible, they went so far even as to hold during that long period unofficial intercourse through an intermediary, whose high position and character inspired the hope of success, and through whom con- stant assurances were received from the Government of the United States of peaceful intentions; of the determination to evacuate Fort Sumter; and further, that no measure changing the existing status prejudicially to the Confederate States, especially at Fort Pickens, was in contemplation, but that in the event of any change of intention on the subject, notice would be given to the coinmiss~oners. The crooked paths of diplomacy can scarcely furnish an example so want- ing in courtesy, in candor, and directness as was the course of the United States Government toward our commissioners in Washington. For proof of this I refer to the annexed documents marked , * taken in connection with further facts, which I now proceed to relate. Early in April the attention of the whole country, as well as that of our commissioners, was attracted to extraordinary preparations for an extensive military and naval expedition in New York and other Northern ports. These preparations commenced in secrecy, for an expedition whose destination was concealed, only became known when nearly completed, and on the 5th, 6th, and 7th of April, transports and vessels of war with troops, munitions, and military supplies sailed from Northern ports bound southward. Alarmed by so extraordinary *Not found herewith, but see Davis to the Congress, May 8, t861, Series I, Vol. LIII, pp. 161164 Page 262 262 CORRESPONDENCE, ETC. a demonstration, the commissioners requested the delivery of an answer to their official communication of the 12th of March, and thereupon received on the 8th of April a reply, dated on the 15th of the previous month, from which it appears that dnring the whole interval, whilst the commissioners were receiving assurances calcu- lated to inspire hope of the success of their mission, the Secretary of State and the President of the United States had already determined to hold no intercourse with them whatever; to refuse even to Listen to any proposals they had to make, and had profited by the delay created by their own assurances in order to prepare secretly the means for effective hostile operations. That these assurances were given has been virtually confessed by the Government of the United States by its sending a messenger to Charleston to give notice of its purpose to use force if opposed in its intention of supplying Fort Sumter. No more striking proof of the absence of good faith in the conduct of the Government of the United States toward this Confederacy can be required than is contained in the circumstances which accompanied this notice. According to the usual course of navigation the vessels composing the expedition designed for the relief of Fort Sumter might be expected to reach Charleston Harbor on the 9th of April. Yet, with our commissioners actually in Wash- ington, detained under assurances that notice should be given of any military movement, the notice was not addressed to them, but a mes- senger was sent to Charleston to give the notice to the Governor of South Carolina, and the notice was so given at a late hour on the 8th of April, the eve of the very day on which the fleet might be expected to arrive. That this maneuver failed in its purpose was not the fault of those who contrived it. A heavy tempest delayed the arrival of the expe- dition and gave time to the commander of our forces at Charleston to ask and receive the instructions of this Government. Even then, under all the provocation incident to the contemptuous refusal to listen to our commissioners, and the tortuous course of the Govern- ment of the United States, I was sincerely anxious to avoid the effu- sion of blood, and directed a proposal to be made to the commander of Fort Sumter, who had avowed himself to be nearly out of provisions, that we would abstain from directing our fire on Fort Sumter if he would promise not to open fire on our forces unless first attacked. This proposal was refused and the conclusion was reached that the design of the United States was to place the besieging force at Charles- ton between the simultaneous fire of the fleet and the fort. There remained, therefore, no alternative but to direct that the fort should at once be reduced. This order was executed by General Beauregard with the skill and success, which were naturally to be expected from the well-known character of that gallant officer; and although the bombardment lasted but thirty-three hours our flag did not wave over its battered walls until after the appearance of the hostile fleet off Charleston. Fortunately, not a life was lost on our side and we were gratified in being spared the necessity of a useless effusion of blood, by the prudent caution of the officers who commanded the fleet in abstaining from the evidently futile effort to enter the harbor for the relief of Major Anderson. I refer to the report of the Secretary of War, and the papers which accompany it, for further details of this brilliant affair. * In this connection I cannot refrain from a well-deserved tribute to the noble *See p. 247 Page 263 CONFEDERATE AUTHORITIES. 263 State, the eminent soldierly qualities of whose people were so con- spicuonsly displayed in the port of Charleston. For months they had been irritated by the spectacle of a fortress held within their principal harbor as a standing menace against their peace and independence. Built in part with their own money, its cnstody confided with their own consent to an agent who held no power over them other than such as they had themselves delegated for their own benefit, intended to be used by that agent for their own protection against foreign attack, they saw it held with persistent tenacity as a means of offense against them by the very Government which they had established for their protection. They had beleaguered it for months, felt entire con- fidence in their power to capture it, yet yielded to the requirements of discipline, curbed their impatience, submitted without complaint to the unaccustomed hardships, labors, and privations of a protracted siege; and when at length their patience was rewarded by the signal for attack, and success had crowned their steady and gallant conduct, even in the very moment of triumph they evinced a chivalrous regard for the feelings of the brave bnt unfortunate officer who had been compelled to lower his flag. All manifestations of exultation were checked in his presence. Their commanding general, with their cor- dial approval and the consent of his Government, refrained from imposing any terms that could wound the sensibilities of the com- mander of the fort. He was permitted to retire with the honors of war, to salute his flag, to depart freely with all his command, and was escorted to the vessel in which he embarked with the highest marks of respect from those against whom his guns had been so recently directed. Not only does every event connected with the siege reflect the highest honor on Sonth Carolina, but the forbearance of her people and of this Government from making any harsh use of a victory obtained under circumstances of such peculiar provocation attest to the fullest extent the absence of any purpose beyond securing their own tranquillity and the sincere desire to avoid the calamities of war. Scarcely had the President of the United States received intelligence of the failure of the scheme which he had devised for the re-enforcement of Fort Sumter, when he issued the declaration of war against this Confederacy which has prompted me to convoke you. In this extraordinary production that high functionary affects total ignorance of the existence of an independent Government, which, possessing the entire and enthusiastic devotion of its people, is exercising its functions without question over seven sovereign States, over more than 5,000,000 of people, and over a territory whose area exceeds half a million of square miles. He terms sovereign States combinations too powerful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshals by law. He calls for an army of 75,000 men to act as a posse coini- tatus in aid of the proce~s of the courts of justice in States where no courts exist whose mandates and decrees are not cheerfully obeyed and respected by a willing people. He avows that the first service to be assigned to the forces called out~ will be not to execute the process of courts, but to capture forts and strongholds situated within the- admitted limits of this Confederacy and garrisoned by its troops; and declares that this effort is intended to maintain the perpe- tuity of popular government. He concludes by commanding the persons composing the combinations aforesaid, to wit, the 5,000,000 of inhabitants of these States, to retire peaceably to their respectiv Page 264 264 CORRESPONDENCE, ETO, abodes within twenty day~. Apparently contradictory as are the terms of this singular document, one point is unmistakably evident. The President of the United States called for an army of 75,000 men, whose first service was to be to capture our forts. It was a plain declaration of war which I was not at liberty to disregard because of my knowledge that under the Constitution of the United States the President was usurping a power granted exclusively to the Congress. He is the sole organ of communication between that country and foreign powers. The law of nations did not permit me to question the authority of the Executive of a foreign nation to declare war against this Confederacy. Although I might have refrained from taking active measures for our defense, if the States of the Union had all imitated the action of Virginia, North Carolina, Arkansas, Ken- tucky, Tennessee, and. Missouri, by denouncing the call for troops as an unconstitutional usurpation of power to which they refused to respond, I was not at liberty to disregard the fact that many of the States seemed quite content to submit to the exercise of the power assumed by the President of the United States, and were actively engaged in levying troops to be used for the purpose indicated in the proclamation. Deprived of the aid of Congress at the moment I was under the necessity of confining my action to a call on the States for volunteers for the common defense, in accordance with the authority you had confided to me before your adjournment. I deemed it proper, further, to issue proclamation inviting application from persons dis- posed to aid our defense in private armed vessels on the high seas, to the end that preparations might be made for the immediate issue of letters of marque and reprisal which you alone, under the Constitu- tion, have power to grant. I entertain no doubt you will concur with me in the opinion that in the absence of a fleet of public vessels it will be eminently expedient to supply their place by private armed vessels, so happily styled by the publicists of the United States the militia of the sea, and so often and justly relied on by them as an efficient and admirable instrument of defensive warfare. I earnestly recommend the immediate passage of a law authorizing me to accept the numerous proposals already received. I cannot close this review of the acts of the Government of the United States without referring to a proclamation issued by their President, under data of the 19th instant, in which, after declaring that an insurrection has broken out in this Confederacy against the Government of the United States, he announces a blockade of all the ports of these States, and threatens to punish as pirates all persons who shall molest ~any vessel of the United States under letters of marque issued by this Government. Notwithstanding the authenticity of this proclamation you will con- cur with me that it is hard to believe it could have emanated from a President of the United States. Its announcement of a mere paper blockade is so manifestly a violation of the law of nations that it would seem incredible that it could have been issued by authority; but conceding this to be the case so far as the Executive is concerned, it will be difficult to satisfy the people of these States that their late confederates will sanction its declarationswill determine to ignore the usages of civilized mmations, and will inaugurate a war of extermi- nation on both sides by treating as pirates open enemies acting nuder the authority of commissions issued by an organized government. If such proclamation was issued it could only have been published under the sudden influence of passion, and we may rest assured mankind will be spared the horrors of the conflict it seems to invite Page 265 CONFEDERATE AUTHORITIES. 265 For the details of the administration of the different Departments I refer to the reports of the Secretaries, which accompany this message. * The State Department has furnished the necessary instructions for three commissioners who have been sent to England, France, Russia, and Belgium since your adjournment to ask our rectgnition as a mem- ber of the family of nations, and to make with each of those powers treaties of amity and commerce. Further steps will be taken to enter into like negotiations with the other European powers, in pursu- ance of your resolutions passed at the last session. Sufficient time has not yet elapsed since the departure of these commissioners for the receipt of any intelligence from them. As I deem it desirable that commissioners or other diplomatic agents should also be sent at an early period to the independent American powers south of our Confederacy, with all of whom it is our interest and earnest wish to maintain the most cordial and friendly relations, I suggest the expe- diency of making the necessary appropriations for that purpose. Having been officially notified by the public authorities of the State of Virginia that she had withdrawn from the Union and desired to maintain the closest political relations with us which it was possible at this time to establish, I commissioned the Hon. Alexander 11. Stephens, Vice-President of the Confederate States, to represent this Government at Richmond. I am happy to inform you that he has concluded a convention with the State of Virginia by which that honored Commonwealth, so long and justly distinguished among her sister States, and so dear to the hearts of thousands of her children in the Confederate States, has united her power and her fortunes with ours and become one of us. This convention, together with the ordi- nance of Virginia adopting the Provisional Constitution of the Con- federacy, will be laid before you for your constitutional action. I have satisfactory assurances from other of our late confederates that they are on the point of adopting similar measures, and I cannot doubt that ere you shall have been many weeks in session the whole of the slave-holding States of the late Union will respond to the call of honor and affection, and by uniting their fortunes with ours promote our common interests and secure our common safety. In the Treasury Department regulations have been devised and put into execution for carrying out the policy indicated in your legislation on the subject of the navigation of the Mississippi River, as well as for the collection of revenue on the frontier. Free transit has been secured for vessels and merchandise passing through the Con- federate States; and delay and inconvenience have been avoided as far as possible, in organizing the revenue service for the various rail- ways entering our territory. As fast as experience shall indicate the possibility of improvement in these regulations no effort will be spared to free commerce from all unnecessary embarrassments and ob- structions. Under your act authorizing a loan, proposals were issued inviting subscriptions for ~5,OOO,OOO, and the call was answered by the prompt subscription of more than ~S,OOO,OOO by our own citizens, and not a single bid was made under par. The rapid development of the purpose of the President of the United States to invade our soil, cap- ture our forts, blockade our ports, and wage~war against us induced me to direct that the entire subscription should be accepted. It will now become necessary to raise means to a much larger amount to defray the expenses of maintaining our independence and repelling * For report of the Secretary of War, see p. 247 Page 266 266 CORRESPONDENCE, ETC. invasion. I invite your special attention to this subject, and the financial condition of the Government, with the suggestion of ways and means for the supply of the Treasury, will be presented to you in a separate communication. To the Department of Justice you have confided not only the organ- ization and supervision of all matters connected with the courts of justice, but also those connected with patents and with the bureau of public printing. Since your adjournment all the courts, with the exception of those of Mississippi and Texas, have been organized by the appointment of marshals and district attorneys and are now pre- pared for the exercise of their functions. In the two States just named the gentlemen confirmed as judges declined to accept the appoint- ment and no nominations have yet been made to fill the vacancies. I refer you to the report of the Attorney-General and concur in his recommendation for immediate legislation, especially on the subject of patent rights. Early provision should be made to secure to the subjects of foreign nations the full enjoyment of their property in valuable inventions, and to extend to our own citizens protection, not only for their own inventions, but for such as may have been assigned to them or may hereafter be assigned by persons not alien enemies. The Patent-Office business is much more extensive and important than had been anticipated. The applicat3ions for patents, although con- fined under the law exclusively to citizens of our Confederacy, already average seventy per month, showing the necessity for the prompt organization of a bureau of patents. The Secretary of War in his report and accompanying documents conveys full information concerning the forcesregular, volunteer, and provisionalraised and called for under the several acts of Con- gresstheir organization and distribution; also an account of the expenditures already made, and the further estimates for the fiscal year ending the 18th of February, 1862, rendered necessary by recent events. I refer to his report also for a full history of the occurrences in Charleston Harbor prior to and including the bom- bardment and reduction of Fort Sumter, and of the measures subse- quently taken for the common defense on receiving the intelligence of the declaration of war against us, made by the President of the United States. There are now in the field at Charleston, Pensacola, Forts Morgan, Jackson, Saint Philip, and Pulaski 19,000 men, and 16,000 are now en route for Virginia. It is proposed to organize and hold in readiness for instant action, in view of the present exigen~ies of the country, an army of 100,000 men. If further force Jiould be needed, the wisdom and patriotism of Congress will be confidently appealed to for authority to call into the field additional numbers of our noble- spirited volunteers who are constantly tendering service far in excess of our wants. The operations of the Navy Department have been necessarily restricted by the fact that sufficient time has not yet elapsed for the purchase or construction of more than a limited number of vessels adapted to the public service. Two vessels purchased have been named the Sumter and McRae, and are now being prepared for sea at New Orleans with all possible dispatch. Contracts have also been made at that city with two different establishments for the casting of ordnancecannon shot and shell-with the view to encourage the manufacture of these articles, so indispensable for our defense, at as many points within our territory as possible. I call your attention to the recommendation of the Secretary for the establishment of Page 267 CONFEDERATE AUTHORITIES. 267 magazine and laboratory for preparation of ordnance stores and the necessary appropriation for that purpose. Hitherto such stores have usually been prepared at the navy-yards, and no appropriation was made at your last session for this object. The Secretary also calls attention to the fact that no provision has been made for the pay- merit of invalid pensions to our own citizens. Many of these persons are advanced in life; they have no means of support, and by the secession of these States have been deprived of their claim against the Government of the United States. I recommend the appropria- tion of the sum necessary to pay these pensioners, as well as those of the Army, whose claims can scarcely exceed $70,000 per annum. The Postmaster-General has already succeeded in organizing his Department to such an extent as to be in readiness to assume the direction of our postal affairs on the occurrence of the contingency contemplated by the act of March 15, 1861, or even sooner if desired by Congress. The various books and circulars have been prepared and measures taken to secure supplies of blanks, postage stamps, stamped envelopes, mail bags, locks, keys, & c. He presents a detailed classification and arrangement of his clerical force and asks for its increase. An auditor of the Treasury for this Department is neces- sary, arid a plan is submitted for the organization of his bureau. The great number and magnitude of the accounts of this Department require an increase of the clerical force in the accounting branch in the Treasury. The revenues of this Department are collected and disbursed in modes peculiar to itself, and require a special bureau to secure a proper accountability in the administration of its finances. I call your attention to the additional legislation requfred for this Department; to the recommendation for changes in the law fixing the rates of postage on newspapers, periodicals, and sealed packages of certain kinds, and specially to the recommendation of the Secretary, in which I concur, that you provide at once for the assumption by him of the control of our entire postal service. In the military organization of the States provision is made for brigadier and major generals, but in the Army of the Confederate States the highest grade is that of brigadier-general. Hence it will no doubt sometimes occur that where troops of the Confederacy do duty with the militia, the general selected for the command and possessed of the views and purposes of this Government will be superseded by an officer of the militia not having the same advantages. To avoid this contingency in the least objectionable manner I recommend that additional rank be given to the general of the Confedei~te Army, and concurring in the policy of having but one grade of generals in the Army of the Confederacy, I recommend that the law of its organization be amended so that the grade be that o I~ general. To secure a thorough military education it is deemed essential that officers should enter upon the study of their profession at an early period of life and have elenientary instruction in a military school. Until such school shall be established it is recommended that cadets be appointed and attached to companies until they shall have attained the age and have acquired the knowledge to fit them for the duties of lieutenants. I also call your attention to an omission in the law organizing the Army, in relation to military chaplains, and recommend that provision be made for their appointment. In conclusion, I congratulate you on the fact that in every portion of our country there has been exhibited the most patriotic devotion to our common cause. Transportation companies have freely ten Page 268 268 CORRESPONDENCE, ETC. dered the use of their lines for troops and supplies. The presidents of the railroads of the Confederacy, in company with others who control lines of communication with States that we hope soon to greet as sisters, assembled in convention in this city, and not only reduced largery the rates heretofore demaiided for mail service and convey- ance of troops and munitions, but voluntarily, proffered to receive their compensation, at these reduced rates, in the bonds of the Confederacy, for the purpose of leaving all the resources of the Government at its disposal for the common defense. Requisitions for troops have been met with such alacrity that the numbers tendering their services have in every instance greatly exceeded the demand. Men of the highest official and social position are serving as volunteers in the ranks. The gravity of age and the zeal of youth rival each other in the desire to be foremost for the public defense; and though at no other point than the one heretofore noticed have they been stimulated by the excitement incident to actual engagement and the hope of distinction for individual achievement, they have borne what for new troops is the most severe ordealpatient toil and constant vigil, and all the exposure and discomfort of active service, with a resolution and fortitude such as to command approbation and justify the highest expectation of their conduct when active valor shall be required in place of steady endurance. A people thus united and resolved cannot shrink from any sacrifice which they may be called on to make, nor can there be a reasonable doubt of their final success, however long and severe may be the test of their deter- mination to maintain their birthright of freedom and equality as a trust which it is their first duty to transmit undiminished to their posterity. A bounteous Providence cheers us with the promise of abundant crops. The fields of grain which will within a few weeks be ready for the sickle give assurance of the amplest supply of food for man; whilst the corn, cotton, and other staple productions of our soil afford abundant proof that up to this period the season has been propitious. We feel that our cause is just and holy; we protest solemnly in the face of mankind that we desire peace at any sacrifice save that of honor and independence; we seek no conquest, no aggran- dizement, no concession of any kind from the States with which we were lately confederated; all we ask is to be let alone; that those who never held power over us shall not now attempt our subjugation by arms. This we will, this we must, resist to the direst extremity. The moment that this pretension is abandoned the sword will drop from our grasp, and we shall be ready to enter into trea4~ies of amity and commerce that cannot but be mutually beneficial. So long as this pretension is maintained, with a firm reliance on that Divine Power which covers with its protection the just cause, we will continue to struggle for our inherent right to freedom, independence, and self- government. JEFFERSON DAVIS. MONTGOMERY, April 29, 1861. Governor JOSEPH E. BROWN, Miilledgeville, Ga.: The organization of brigades and divisions belongs to the President, under the sixth section of the act to provide for the public defense.~~ L. P. WALKER Page 269 CONFEDERATE AUTHORITIES. 269 MONTGOMERY, April 29, 1861. Governor J. E. BROWN, ]Jiliilledgeville: I wish you to furnish immediately one regiment of infantry of picked men for Pensacola. Private.Bragg needs them for lodgment on Santa Rosa Island preparatory to opening upon Fort Pickens. Dispatch is necessary. One regiment goes from here in a day or two. Would like to have it consist of drilled companies, if possible. L. P. WALKER. MONTGOMERY, ALA., April 80, 1861. Hon. L. P. WALKER, Secretary of War: DEAR SIR: A perusal of the following resolutions, adopted by the convention of railroad presidents lately convened in this city, will explain the object of this corununication: Resolved, That the secretaries furnish the Postmaster-General and the Secre- tary of War with copies of the resolutions of this convention so far as they relate to their respective Departments. In accordance with the above I have the honor to inclose a copy of the resolutions referred to. With great respect, your obedient servant, DANL. H. CRAM, Secretary. [Inciosure.1 Resolved, That the several railroad companies represented in con- vention will transport troops and munitions, upon the plan indicated by the Quartermaster-General, at the following rates, namely: Men, 2. cents per mile; munitions, provisions, and material, at half the regu- lar local rates. Resolved, That in view of the present condition of the country and of the possibility that the money at the command of the Government may be required for other purposes, and particularly to provision and keep in the field the troops required for the defense of the Confe~lerate States, the companies represented in this convention will, if it should become necessary in the opinion of the Secretary of the Treasury to make payment for the transportation of troops, niunitions, and provis- ions over our several roads in the bonds of the Confedexate States or in Treasury notes, receive the same at par. Resolved, That the two foregoing resolutions in relation to the trans- portation of men, provisions, and munitions take effect on the 1st day of May. Resolved, rrhat each company here represented will immediately issue a notice that all companies, detachments, or squads of men or individuals must be provided with the requisite authority from the Quartermaster-Generals Department, or other proper officer of the Confederate States, to entitle them to the conditions adopted by this convention. Resolved, That the Quartermaster-General be requested at once to designate what class of certificate shall be sufficient to pass detach- ments or squads of men or individuals over the several roads at the expense of the Confederate States Page 270 270 CORRESPONDENCE, ETC. POST-OFFICE DEPARTMENT, Jlfontgomery, April 30, 1861. Hon. L. P. WALKER Secretary of War: SIR: I have the honor of calling your attention to the inclosed copy of a communication addressed to this Department by A. M. Gentry, esq., president of the Texas and New Orleans Railroad Company. Respectfully, H. ST. GEO. OFFUTT, Chief of Contract Bureau. [Inclosure.] GALVESTON, April 24, 1861. Hon. JOHN H. REAGAN, Postmaster- General, & c., ]liliontgomery: SIR: Your letter of the 16th instant was duly received by me at this point this a. m.,it having been detained by going up to Houston and being returned again. I find it to be impossible for inc now to reach Montgomery in time for the interview at noon on the 26th. Yet we may have an agent or representative there in a few days after. I feel that my presence here and in Louisiana will keep me in position to be of more service to our country than if I were to leave at this juncture. I am now making all my arrangements to put on between Texas and New Orleans, as soon as our outside communication is stopped, which we may expect hourly, a line of pony express betxveen the railroads, so as to get the Government dispatches and important letters through regularly in from forty-eight to sixty hours. I will not wait for orders from your Department to do this, but will act on the necessity and leave it to you and the War Department to arrange about hereafter. All public dispatches for the Confederate States Government forwarded to me at Houston from all parts of Texas will be pushed through by private bearers if necessary. In the meantime remember we will be prepared to convey the mails all inland at a rea- sonable compensation, and open a line for transport of munitions of war and men in case of blockade. Please keep me advised. Yours, respectfully, A. M. GENTRY, Prest. of Texas and New Orleans Railroad Co., Houston, Tex. MONTGOMERY, April 30, 1861. Hon. C. M. CONRAD: DEAR SIR: Understanding that there is a great scarcity of small fire-arms and ammunition in the Confederate States, it has occurred to me that some might be obtained in the British Provinces, Maine, Massachusetts, and New York. Being a British subject, and from that part of New Brunswick adjoining the most eastern extremity of Maine, and having relatives who would co-operate with me, I propose (if the arms and ammunition are to be had) to load one or more small vessels in New Brunswick near the lines and run them into some port or inlet of the Confederate States. Having a British elvarance and register, they could be loaded so as to avoid all suspicion, even if examined by the enemy. Will you be kind enough to submit the above proposition to the President; and should it meet with his approval, and a special agent, clothed with miecessary powers, b Page 271 CONFEDERATE AUTHORITIES. 271 appointed to act in conjunction with me, I shall be happy to devote myself to the accomplishment of the proposed object. Inclosed I hand you a letter of introduction to President Davis given me by Governor Moore, of Louisiana. Very respectfully, your obedient servant, W. H. AYMAR. [Inclosure.] NEW ORLEANS, April 23, 1861. JEFFERSON DAVIS, President of the Gonfederate States, Montgomery, Ala.: DEAR SIR: I beg leave to introduce to you Mr. W. I-I. Aymar, a gentleman of standing and respectability in New Orleans. Mr. Ayinar is a British subject, who desires to have an interview with you on the subject of the purchase of arms and ammunition in Canada for the use of the Confederate States. You can rely upon all that Mr. Aymar says to you. Very respectfully, your obedient servant, Tb. 0. MOORE. MARIETTA, April 30, 1861. L. P. WALKER: I have sent most of my best drilled companies to Virginia. Will do the best I can for you. Do not believe it possible to have them ready with tents, knapsacks, and accouterments immediately. Can you furnish any? The calls come so fast one cannot get enough made. JOSEPH E. BROWN. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April 30, 1861. His Excellency FRANCIS W. PICKENS, Governor of South Carolina: SIR: I have had the honor to receive your letters of the 23d and 25th of April, and should have instantly replied to them but for the overwhelming pressure upon me consequent on the approach of Con- gress. It gives me now very great pleasure to reassure Your Excel- lency that the amount of subsistence applied for will be furnished, and to add my cordial approval of the steps taken in reference to the forces you have raised under the requisition of General l3eauregard. When these troops shall be called for by this Department they will be placed under Confederate officers, and be assigned to active and not garrison duty, according to your wishes. Our plan of operations for the campaign is not yet thoroughly matured, but our troops will ren- dezvous in Virginia, subject to orders. Virginia and North Carolina are considered certain to unite with this Government, and in our intercourse with them, especially in onr military operations, they are thus regarded. The uniform, earnest, and consistent co-operation of Your Excellency with our efforts here to defend and maintain the general interest is deeply felt and acknowledged by each member of the Government, but by none mnore sincerely than myself. I have the honor to be, with the highest consideration, L. P. WALKER, Secretary of War Page 272 272 CORRESPONDENCE, ETC. NASHVILLE, April 30, 1861. Hon. L. P. WALKER: After receiving your telegram of 22d, and one same day from Gov- ernor Letcher, I proceeded to organize three regiments for Lynch- burg, Va. Dispatch from Governor Letcher to-day saying he knows nothing of the call, and asking me not to send until further orders. The regiments will report themselves ready to-morrow or next day. If they go, will conform to all the terms specified in your dispatch, reserving, however, the right to be recalled to Tennessee when the Governor may deem it necessary, and must be armed, provisioned, & c., at Lynchburg. Answer. ISHAM G. HARRIS. CONFEDERATE STATES OF AMERiCA, WAR DEPARTMENT, ]Vliontgornery, May 1, 1861. DANIEL H. CRAM, Esq., Secretary of the Montgomery and West Point Railroad: SIR: The Secretary of War has had the honor to receive the resolu- tions adopted by the convention of railroad presidents lately con- vened at Montgomery, inclosed with your letter of the 30th of April. With a high appreciation of the action of the convention he returns the grateful acknowledgments of this Department. I have the honor to be, very respectfully, your obedient servant, JOHN TYLER, JR. [MAY 1, 1861.For Jett to Davis, tendering services of a brigade of Arkansas militia, see Series I, Vol. 1, p. 689.] NEW ORLEANS, May 1, 1861. President JEFFERSON DAVIS: We send a swift steamer to Havana at once. We can there buy a large quantity of muskets, rifles, powder, caps. We have not suffi- cient funds to buy all. Shall I buy for Confederacy? If so, give credit on Citizens Bank. THO. 0. MOORE. NEW ORLEANS, May 1, 1861. J. P. BENJAMIN: It will bankrupt the State to keep 6,000 men an indefinite time. To disband them would be very disastrous. Is it possible for you to inti- mate how long I should have to keep them before they are mustered into the service of the Confederate States? Answer immediately. THO. 0. MOORE. [MAY 1, 1861.For Ellis to Davis, announcing passage of conven- tion bill, & c., see Series I, Vol. I, p. 488. Page 273 CONFEDERATE AUTHORITIES. 273 EXECUTIVE DEPARTMENT, SOUTH CAROLINA, May 1, 1861. Honorable Mr. WALKER, Secretary of War, Montgomery, Ala.: SIR: I wrote you on the 26th of April, requesting the appointment of a paymaster-general for the forces that are now here in the Con- federate service, and also a commissary-general, so as to have every- thing reduced to one system, and assoon as these officers are appointed by you I will withdraw those I have appointed from service. In all this General Beauregard concurs. The regiments that have been called into service were so called nuder requisitions from your Depart- ment and also under express orders from General Beauregard. I consider them as volunteers from South Carolina, and if two or more regiments are brought together they are subject to the command of a general appointed by the President, particularly if called out of the State. I consider these volunteer regiments as volunteers from South Carolina, and not technically what may be called provisional forces or the Provisional Army, for our enlisted and regular troops are con- stituting a part of the Provisional Army. If I understand it, the Confederate Government propose to have a regular standing army, enlisted for a term not shorter than three years, and our regular enlisted battalion of artillery and part of a regiment of infantry could not be received into the Regular Army of the Confederate Gov- ernment, because its time of enlistment was too short and the officers were not appointed by the President; but there is no difficulty in their being transferred over to the Confederate forces as part of the Provisional Army, as is done from Georgia and other States. Then there is in contemplation a volunteer force, to be formed of regiments, battalions, and companies besides, which in like manner, when two or more regiments are together, may be commanded by a general from the Confederate States, appointed by the President, or, if he chooses, designated from one of our generals appointed over our volunteer organization, but just as the President orders. There are, then, three distinct services: First, a Regular Army of the Confederate Government, then a Provisional Army, and then a force composed of volunteer regiments from the States, but still known as volunteers for a years service, composed of men not enlisted or drafted. Our volunteer regiments are of this kind, ready for serv- ice, and ready to obey any generals appointed or designated by the President of the Confederate Government. If I am understood in this, please let me know if I am right, so there may be no misunder- standing. Our organization of 10,000 men into regimerrts was made under an act l)assed when we were a State by ourselves and before any provisional government had been formed, and therefore might seem to have been formed for the State alone; but the convention of the State, through our representatives, formed a Provisional Govern- ment, which I consider as binding upon us as our own State govern- ment, and have therefore considered the defense of these Confederate States as the defense of South Carolina, and the organization of our volunteer regiments is the most efficient that can be made at present. I therefore think the conditions above indicated as just to them, and not at all impairing the efficiency of the forces that may be required for the Confederate Government. Very respectfully, your obedient servant, F. W. PICKENS. 15 R RSERIES Ill, VOL Page 274 274 CORRESPONDENCE, ETC. MONTGOMERY, May 1, 1861. Governor I. G. HARRIS, Nashville: All the arrangements have been made for the transportation of the troops to Lynchburg, where they will be armed and equipped and provisioned, of course. Let me know when they will depart. I send by mail bonds to be executed by an assistant quartermaster and assistant commissary fOr each regiment, leaving you to designate the persons. Their rank and pay will be that of captain. Have the bonds executed according to directions accompanying them and for- warded to me. Would like to know what your Legislature has done. L. P. WALKER. [MAY 1, 1861.For Walker to Harris, in regard to recall of Ten- nessee troops sent to Virginia, see Series I, Vol. LII, Part II, p. 81.] [MAY 1, 1861.For correspondence between Walker and Letcher, in regard to organization, disposition, & c., of the military force of Vir- ginia, see Series I, Vol. II, p. 792.] MAY 2, 1861. His Excellency JEFFERSON DAvIs, President of the Confederate States: SIR: The estimates furnished by the War Department require that the whole amount of the $15,000,000 loan should be realized as promptly as possible. I recommend, therefore, to Your Excellency that the Secretary of the Treasury be authorized to make an immediate call for the balance. Very respectfully, your obedient servant, C. G. MEMMINGER, Secretary of the Treasury. GENERAL ORDERS, HEADQUARTERS VIRGINIA FORCES, No. 7. Richmond, V~t., May 2, 1861. In order that there may be no misappreheision, it is hereby ordered that the State of Virginia will not be held responsible for any extra charge by railroad companies for running extra trains for the trans- portation of persons employed in the military service of the State, freight, supplies, munitions of war, & c., without express authority in writing from the quartermaster in Richmond in charge of the depart- ment of transportation. But in case of extraordinary emergency this rule will be waived so far as to empower railroad officials to telegraph to the quartermaster-general at Richmond for authority to employ extra trains if it shall be considered absolutely essential for the inter- ests of the public service. No compensation will be made for the transportation of any persons in the military service, freight, supplies, munitions of war, & c., except supplies to the subsistence department, unless specially authorized by the aforesaid quartermaster or som Page 275 CONFEDERATE AUTHORITIES. 275 other officer with written authority from the quartermasters depart- ment, or some one of the general officers commanding divisions or departments of the State. Subsistence supplies will be consigned to the commissary of subsistence at the point of destination, and a receipt from him or an authorized officer of his department will be considered a sufficient voucher for payment. All officers of railroad companies are requested to render their accounts weekly, to be accompanied by the written orders from properly authorized officers, as specified afore- said, as vouchers, when said accounts will be duly examined and cer- tified to by the quartermasters department for payment thereof. Troops, baggage, munitions, and subsistence stores from other States will be forwarded from Weldon and Goodson without any special order. By command of Major-General Lee: R. S. GARNETT, Adjutant. General. NASHVILLE, May 2, 1861. Hon. L. P. WALKER: Colonel Turneys regiment left Winchester for Lynchburg last night. The regiments of Colonels Bate and Maney will be ready to march in a day or two. Shall I send them forward as soon as organized? ISHAM G. HARRiS. AN ACT to provide for the appointment of chaplains in the Army. SECTION 1. The Congress of the Confederate States of America do enact, That there shall be appointed by the President such number of chaplains, to serve with the armies of the Confederate States during the existing war, as he may deem expedient; and the President shall assign them to such regiments, brigades, or posts as he may deem necessary; and the appointments made as aforesaid shall expire when- ever the existing war shall terminate. SEC. 2. The monthly pay of said chaplains shall be $85; and said pay shall be in full of all allowances whatever. Approved May 3, 1861. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Mr. W. H. AYMAR: Montgomery, M~y 3, 1861. SIR: Upon your representation that good and serviceable arms may be purchased in the British Provinces, you are hereby informed that the Confederate States will receive from you at any of its ports any such arms you may be able to procure, paying you therefor full value of such arms, with all cost of transportation and other expenses. This Government will also indemnify you against losses by sea or capture by the enemy upon satisfactory evidence thereof. Brass cannon and accouterments and other materials of war will be received on the same terms. Payment will be made to your order at any point within the Confederacy you may indicate on receipt of the arms and munitions. Respectfully, your obedient servant, L. P. WALKER, Secretary of War Page 276 276 CORRESPONDENCE, ETC. MAY 3, 1861. Hon. L. P. WALKER, Secretary of War: DEAR SIR: I received to-day from Mr. Tate, the president of the Memphis and Charleston Railroad, the inclosed letter. I am induced to send it to you because of the importance of the matters referred to and the known business character and capacity of the writer. The objects are of great moment, and this must constitute my apology for pressing anything upon your attention at a time when it is so constantly occupied. I have the honor to be, yours, most respectfully, ALEX. M. CLAYTON. [Inclosure.] Hon. A. M. CLAYTON, CHARLESTON, S. C., May 1, 1861. Montgomery, Ala.: DEAR SIR: The importance of the questions involved and the inter- est I know you feel in their success induces me to address you now. I know you are near the President and can get his ear. There are no provisions in the Southnot enough for a full supply for sixty days. How are we to get it? The Government at Washington is making important arrangements to take Saint Louis and close the Mississippi effectually against us from Cairo up. This cuts off our last hope for a full supply of provisions and lead. By efficient action now we can save the State of Missouri to the South and keep open ati outlet to an abundant supply of provisions. If we dont aid Missouri, and that quickly, we lose both and place our enemies in a position to concen- trate an army in the Northwest unmolested, with plenty to eat and fully equipped to overrun the Mississippi Valley. Governor Jackson is with us. His people are also with us, except at Saint Louis, where they are divided. The first thing we know we will be out of powder, lead, and percussion-caps. They can be had through Cuba alone at this time, and a blockade may be established that will cut off this means of supply. Our Government should act, and act with the most vigorous energy, to effect these objects at once. I am neither a politician nor a warrior. I have too much on my hands to engage actively in either. I can serve my country better in other ways. I hope you will not let our Government lose sight of the vast interests at stake in the Missis- sippi Valley, and by all means urge the keeping open the navigation of the Mississippi River and the possession of Saint Louis at all hazards. Your friend, SAM. TATE. Governor THOMAS 0. MOORE, MONTGOMERY, May 3, 1861. New Orleans: Your dispatch of 1st to Mr. Benjamin just received. It is impossible now to say when additional troops will be required. Until the call is made absolute there is no necessity to rendezvous them at New Orleans. My conditional requisitions were made simply that you might have com- panies organized in your State ready to respond. Let mc know what number are assembled in New Orleans. L. P. WALKER Page 277 CONFEDERATE AUTHORITIES. 277 MONTGOMERY, May 3, 1861. Governor THOMAS 0. MOORE, New Orleans: Your dispatch of the 3d [1st?] to the President received. Buy all the muskets, rifles, powder, and caps that you can. The funds will be provided as you suggest. The Secretary of the Treasury will see to this. L. P. WALKER. EXECUTIVE OFFICE, JacAson, Miss., May 3, 1861. His Excellency President JEFFERSON DAVIS: DE~u~ SIR: The troops from Mississippi at Pensacola are sending to me for tents, clothing, arms, medicine, & c. I am sending them what- ever is in my power to furnish. The expenses of forwarding our troops, arms, ammunition, tents, camp equipage, clothing, & c., has so depleted our treasury that I am unable to pay the expenses of calling the remain- ing troops into camp for instruction, which they very much need. Is it proposed by the Confederate Government to refund to the States these advances made by them for the troops sent into service? If so, please have me informed when and how. We have now about eighty com- panies anxious to get into service and clamoring to be ordered into camp for drill and instruction. The ten cavalry companies provided for in our ordinance were promptly filled, some of them well armed, and drilling daily. They began to despair of being called for, and are asking to be permitted to change their arms for infantry; but I will not trouble you with the detail of these matters. Suffice it to say, all Mississippi is in a fever to get to the field, and hail an order to march as the greatest favor you can bestow on them, and if you take the field they could not be restrained. Governor Winston, of Alabama, wishes a fighting place in the pic- ture. I know him well; he is capable of doing the Confederacy much and valuable service, and many will be trusted with command in this war who are not as faithful, as wise, or as brave as I know him to be. Any aid you may render him in getting a position in the field will be gratefully remembered by me and worthily bestowed on him. I am putting a battery at Yicksburg, but hope to move it several hundred miles up the river before one of the guns is fired at our enemies. I hope you will cause our Confederacy to act like James Fitz-James when beset by Highland foes, no timid deer, but lion Qf the l~unt aware. In hopes of an early additional requisition, I am, very respectfully, your friend, JOHN J. PETTITS. MONTGOMERY, ALA., May 3, 1861. Governor ISHAM G. HARRIS, Nashville, Tenn.: Yes; send them forward as soon as organized. L. P. WALKER. [MAY 3, 1861.For proclamation of the Governor of Virginia call- ing out the military forces of the State to repel invasion, & c., see Series I, Vol. II, p. 797. Page 278 278 CORRESPONDENCE, ETC. AN ACT providing for a regiment of zonaves in the Army of the Confederate States. The Congress qf the Confederate States of America do enact, That there shall be added to the military establishment of the Confed- erate States one regiment of zonaves, to be composed of one col- onel, one lieutenant-colonel, one major, and ten companies; and each company shall consist of one captain, one first lieutenant, two second lieutenants, one sergeant-major, one quartermaster-sergeant, four sergeants, and eight corporals, and ninety privates. And to the regi- ment there shall be attached.one adjutant and a quartermaster, to be selected from the lieutenants. And one assistant surgeon shall be appointed for the regiment, in addition to those already authorized by law for the Medical Department. The monthly pay of the officers of the regiment of zouaves shall be the same as that of officers of infantry of the same rank; the allowances shall also be the same as those provided by law for officers of infantry; and the adjutant and quartermaster shall receive $10 per month in addition to their pay as lieutenants. The monthly pay of the enlisted men of said regiment of zonaves shall be as follows: Sergeant-major and quartermaster- sergeant, *20; sergeants, $17; corporals, $13, and privates, $11 each, together with the same rations and allowance for clothing as are received by all other enlisted men. Approved May 4, 1861. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, May 4, 1861. Hon. A. R. WRIGHT, Of the Congress: SIR: Your letter of the 3d of May, inclosing to the President two telegrams from the Hon. L. J. Gartrell, of Atlanta, Ga., together with a letter from Mr. Gartrell directed to the President, have been referred to this Department. Your note, the telegrams, and the letter of Mr. Gartrell all refer to one subject, to wit, the reception by this Depart- ment of an independent regiment from Georgia, to be raised and com- manded by Mr. Gartrell. On the 2d of May, the day of the date of Mr. Gartrells letter to the President as to the reception of his regi- ment, he addressed to this Department a letter now before me, in which he also desires the reception of an independent company of dragoons commanded by Col. W. T. Wilson. Before these communications were made to the President and myself Mr. Gartrell had written to the War Department on the same subject, and on the 1st day of May I caused a response to be prepared and transmitted to him, both as to the law and the reason of the law under which the rule of my action had been fixed with regard to all such tenders from within the States of the Confederacy. A copy of this response, taken from the letter- book of the office, I have the honor to send herewith for your further information. I am now informed that Governor Brown, of Georgia, does not object to my receiving into the Confederate service the regi- ment from that State proposed by Mr. Gartrell, and I am further informed that Governor Brown will fully equip and supply with arms and accouterments this regiment under these circumstances, consider- ing the reason of the rule of my action under the law as satisfied. Page 279 CONFEDERATE AUTHORITIES. 279 will receive this regiment subject to tlie conditions as laid down by Mr. Gartrell and assented to by Governor Brown, to wit: First. The regiment must be raised within ten days, and be tendered to this Department fully eqnipped, armed, and accoutered. Second. No application for arms and accouterments must be made by Governor Brown for this purpose upon any supply of arms and accouterments belonging to the Confederate States at Augusta or elsewhere. Third. If this regiment, after being raised, shall report to this Department for arms and accouterments, or fcr any other necessary equipments, they will be rejected, not having ~ulfllled the previously expressed and voluntary conditions. I trust, sir, that considering the great importance of the question as it will be found to be presented in the letter to Mr. Gartrell from this office of the 1st of May, this arrangement will be regarded in all its strictness as the very best evidence I can give of my anxious solici- tude to gratify Mr. Gartrell, to avoid offense to Governor Brown, and to oblige yoursdf. I have the honor to be, with the highest consideration, your obedient servant, L. P. WALKER. [Inclosure.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, lJiEay 1, 1861. Hon. L. J. GARTRELL Atlanta, Ga.: SIR: Your letter of the 29th of April to the Hon. A. R. Wright has been referred to this Department, and I am instructed by the Secre- tary of War to say in answer that the uniform rule obtaining in respect to the subject-matter of your communication is such as has been already made known to you. It will appear to you at once as evident that any other would engender conflict between State and Confederate authority. If independent volunteer corps from within the Confederate States were accepted here, without regard to the wishes and concurrent action of State Executives, the ability of the latter to meet requisitions made upon them by the President would be seriously impaired. This would follow inevitably. But there is yet a higher principle involved, and one that strikes at the very foundation of the political system we are struggling to maintain. I mean that of State sovereignty. In view of this principle the action of the Confederate Government is rendered inoperative even upon State militia, save through the Governors of the States. The rule is more than just; it involves the fundamental doctrine of free institu- tions. With every disposition to oblige you personally, these are the considerations that operate to relieve him of the power to accept the regiment you place at his disposal without it comes tendered by Governor Brown. If Governor Brown thinks proper he may accept the services of this regiment under the call made upon him by the President for an additional regiment to proceed to Pensacola, com- municated on Monday last, provided he has not already made his election. Trusting that this explanation may be satisfactory, I have the honor to be, with high regard, your obedient servant, JOHN TYLER, JR Page 280 280 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, ORDNANCE OFFICE, Montgomery, May 4, 1861. Honorable SECRETARY OF WAR: GENERAL: Permit me to suggest that in order to relieve the cen- tral Government of the multiplied calls made upon it for arms, ammunition, & c., the Governors of States be notified that arms and ammunition will be supplied to troops called out at the points where the troops are to rendezvous for active service. Let the troops be notified beforehand by the State authorities to equip themselves with such temporary knapsacks, haversacks, and canteens as each indi- vidual can prepare for himself. The central Government will supply these of good quality at the place of rendezvous as fast as they can be made. This will in a great measure prevent the perplexing and mischievous requisitions of Governors of States on the arsenals. Respectfully, your obedient servant, J. GORGAS, Major, & c. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, May 4, 1861. His Excellency JOSEPH E. BROWN, Governor of Georgia, Milledgeville: SIR: Your letter of the 27th April in relation to the law governing this Department with regard to staff appointments for the volunteer forces called into the Confederate service is before me, and it gives me great pleasure to point you to the following provisions upon the subject contained in the acts of Congress, to wit: By the act approved March 6, 1861, it is provided Whenever the militia or volunteers are called and received into the service of the Confederate States (under the act to provide for the public defense), they shall have the same organization, and shall have the same pay and allowances, as may be provided for the Regular Army. This act further provides that When volunteers or militia are called into the service of the Confederate States in such numbers that the officers of the Quartermasters, Commissary, and Med- ical Departments which may be authorized by law for the regular service are not sufficient to provide for the supplying, quartering, transporting, and furnishing them with the requisite medical attendance, it shall be lawful for the President to appoint, with the advice and consent of the Congress~, as many additional officers of the said departments as the service may require, not exceeding one commissary and one quartermaster for each brigade, with the rank of major, and one assistant quartermaster with the rank of captain, one assistant com- missary with the rank of captain, one surgeon and one assistant surgeon for each regiment. The necessity existing for the exercise by this Government of the discretionary powers lodged in it by this act, and the duties incident thereto having devolved upon me, I have been left no alternative than to take upon myself the responsibility, although, consulting my own individual tastes and feelings on the subject, I should have been, so far at least as Georgia is concerned, only too happy to have left the disagreeable burden with Your Excellency. I beg Your Excellency to be assured I have never imagined you could have entertained a sentiment of jealousy~ in relation to the exercise o Page 281 CONFEDERATE AUTHORITIES. 281 an office equally harassing to the judgment and annoying to the sensibilities. Very truly, and with the highest consideration, believe me, your obedient servant, L. P. WALKER. [MAY 4 and 9, 1861.For correspondence between Walker and Brown, in relation to the organization of troops for the defense of the coast of Georgia, see Series I, Vol. LIII, pp. 160, 164.] [MAY 5, 1861.For proclamation of Brig. Gen. P. St. George Cocke, calling for volunteers from the eastern counties of Virginia, see Series I, Vol. II, p. 804.] [MAY 5, 1861.For Jackson to Walker, in relation to troops from Missouri, & c., see Series I, Vol. I, p. 690.] AN ACT recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize goods. Whereas, the earnest efforts made by this Government to establish friendly relations between the Government of the United States and the Confederate States, and to settle all questions of disagreement between the two Governments upon principles of right, justice, equity, and good faith, have proved unavailing by reason of the refusal of the Government of the United States to hold any intercourse with the commissioners appointed by this Government for the purposes afore- said, or to listen to any proposal they had to make for the peaceful solution of all causes of difficulty between the two Governments; and Whereas, the President of the United States of America has issued his proclamation making requisition upon the States of the American Union for 75,000 men for the purpose, as therein indicated, of captur- ing forts and other strongholds within the jurisdiction of, and belong- ing to, the Confederate States of America, and has detailed naval armaments upon the coasts of the Confederate States of America, and raised, organized, and equipped a large military force to ~bxecute the purpose aforesaid, and has issued his other proclamation announcing his purpose to set on foot a blockade of the ports of the Confederate States; and Whereas, the State of Virginia has seceded from the Federal Union and entered into a convention of alliance offensive and defensive with the Confederate States, and has adopted the Provisional Constitution of the said States; and the States of Maryland, North Carolina, Ten- nessee, Kentucky, Arkansas, and Missouri have refused, and it is believed that the State of Delaware and the inhabitants of the Terri- tories of Arizona and New Mexico, and the Indian Territory south of Kansas, will refuse to co-operate with the Government of the United States in these acts of hostilities and wanton aggression, which are plainly intended to overawe, oppress, and finally subjugate the people of the Confederate States; an Page 282 282 CORRESPONDENCE, ETC. Whereas, by the acts and means aforesaid, war exists between the Confederate States and the Government of the United States and the States and Territories thereof, except the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas, Missouri, and Delaware, and the Territories of Arizona and New Mexico, and the Indian Territory south of Kansas: Therefore, SECTION 1. The Congress of the Confederate States of America do enact, That the President of the Confederate States is hereby author- ized to use the whole land and naval force of the Confederate States to meet the war thus commenced, and to issue to private armed ves- sels commissions or letters of marque and general reprisal in such form as he shall think proper, under the seal of the Confederate States, against the vessels, goods, and effects of the Government of the United States, and of the citizens or inhabitants of the States and Territories thereof, except the States and Territories hereinbefore named: Provided, however, That property of the enemy (unless it be contraband of war) laden on board a neutral vessel shall not be sub- ject to seizure under this act: And provided further, That vessels of the citizens or inhabitants of the United States now in the ports of the Confederate States, except such as have been since the 5th of April last, or may hereafter be, in the service of the Government of the United States, shall be allowed thirty days after the publication of this act to leave said ports and reach their destination; and such vessels and their cargoes, excepting articles contraband of war, shall not be subject to capture under this act during said period unless they shall have previously reached the destination for which they were bound on leaving said ports. SEC. 2. That the President of the Confederate States shall be, and he is hereby, atithorized and empowered to revoke and annul at pleasure all letters of marque and reprisal which he may at any time grant pursuant to this act. SEC. 3. That all persons applying for letters of marque and reprisal, pursuant to this act, shall state in writing the name and a suitable description of the tonnage and force of the vessel, and the name and place of residence of each owner concerned therein and the intended number of the crew, which statement shall be signed by the person or persons making such application and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State. SEC. 4. That before any commission or letters of marque and reprisal shall be issued as aforesaid, the owner or owners of the ship or vessel for which the same shall be requested, and the commander thereof for the time being, shall give bond to the Confederate States, with at least two responsible sureties not interested in such vessel, in the penal sum of $5,000, or if such vessel be provided with more than 150 men, then in the penal sum of $10,000, with condition that the owners, officers, and crew who shall be employed on board such com- missioned vessel shall and will observe, the laws of the Confederate States and the instructions which shall be given them according to law for the regulation of their conduct, and will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel during her commission, and to deliver up the same when revoked by the President of the Confederate States. SEC. 6. That all captures and prizes of vessels and property shall be forfeited and shall accrue to the owners, officers, and crews of th Page 283 CONFEDERATE AUTHORITIES. 283 vessels by whom such captures and prizes shall be made, and on due condemnation had shall be distributed according to any written agree- ment which shall be made between them; and if there be no such written agreement then one moiety to the owners and the other moiety to the officers and crew, as nearly as may be, according to the rules prescribed for the distribution of prize money by the laws of the Confederate States. SEC. 6. That all vessels, goods, and effects, the property of any citi- zen of the Confederate States, or of persons resident within and under the protection of the Confederate States, or of persons permanently within the territories and under the protection of any foreign prince, government, or State in amity with the Confederate States, which shall have been captured by the United States, and which shall be recap- tured by vessels commissioned as aforesaid, shall be restored to the lawful owners upon payment by them of a jnst and reasonable salvage, to be determined by the mutual agreement of the parties concerned, or by the decree of any court having jurisdiction, according to the nature of each case, agreeably to the provisions established by law. And such salvage shall be distributed among the owners, officers, and crews of the vessels commissioned as aforesaid and making such cap- tures, according to any written agreement which shall be made between them; and in case of no such agreement, then in the same manner and upon the principles hereinbefore provided in cases of capture. SEC. 7. That before breaking bulk of any vessel which shall be cap- tured as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such captured vessel, goods, or effects shall be brought into some port of the Confederate States or of a nation or State in amity with the Confederate States, and shall be proceeded against before a competent tribunal; and after condemnation and forfeiture thereof shall belong to the owners, offi- cers, and crew of the vessel capturing the same, and be distributed as before provided; and in the case of all captured vessels, goods, and effects which shall be brought within the jurisdiction of the Confed- erate States, the district courts of the Confederate States shall have exclusive original cognizance thereof; as in civil causes of admiralty and maritime jurisdiction; and the said courts, or the courts, being courts of the Confederate States, into which such cases shall be removed and in which they shall be finally decided, shall and may decree restitution in whole or in part when the capture shall have been made without just cause, and if made without probable cause, may order and decree damages and costs to the party injured, for which- the owners and commanders of the vessels making such c~ptures, and also the vessels, shall be liable. SEC. S. That all persons found on board any captured vessels, or on board any recaptured vessel, shall be reported to the collector of the port in the Confederate States in which they shall first arrive, and shall be delivered into the custody of the marshal of the district or some court or military officer of the Confederate States, or of any State in or near such port, who shall take charge of their safe-keeping and support, at the expense of the Confederate States. SEC. 9. That the President of the Confederate States is hereby authorized to establish and order suitable instructions for the better governing and dfrecting the conduct of the vessels so commissioned, their officers and crews, copies of which shall be delivered by the col- lector of the customs to the commanders, when they shall give bond as before provided Page 284 284 CORRESPONDENCE, ETC. SEC. 10. That a bounty shall be paid by the Confederate States of ~20 for each person on board any armed ship or vessel belonging to the United States at the commencement of an engagement, which shall be burnt, sunk, or destroyed by any vessel commissioned as aforesaid, which shall be of equal or inferior force, the same to be divided as in other cases of prize money; and a bounty of $25 shall be paid to the owners, officers, and crews of the private armed vessels commissioned as aforesaid for each and every prisoner by them captured and brought into port and delivered to an agent authorized to receive them in any port of the Confederate States; and the Secretary of the Treasury is hereby authorized to pay or cause to be paid to the owners, officers, and crews of such private armed vesseLs commissioned as aforesaid, or their agent, the bounties herein provided. SEC. 11. That the commanding officer of every vessel having a com- mission orletters of marque and reprisal, during the present hostilities between the Confederate States and the United States, shall keep a regular journal, containing a true and exact account of his daily pro- ceedings and transactions with such vessel and the crew thereof; the ports and places he shall put into or cast anchor in; the time of his stay there and the cause thereof; the prizes he shall take and the nature and probable value thereof; the times and places when and where taken, and in what manner he shall dispose of the same; the ships or vessels he shall fall in with; the times and places when and where he shall meet with them, and his observations and remarks thereon; also of whatever else shall occur to him or any of his officers or marines, or be discovered by examination or conference with any marines or passengers of or in any other ships or vessels, or by any other means touching the fleets, vessels, and forces of the United States, their posts and places of station and destination, strength, numbers, intents, and designs; and such commanding officer shall, immediately on his arrival in any port of the Confederate States, from or during the continuance of any voyage or cruise, produce his com- mission for such vessel, and deliver up such journal so kept as afore- said, signed with his proper name and handwriting, to the collector or other chief officer of the customs at or nearest to such port; the truth of which journal shall be verified by the oath of the commanding officer for the time being. And such collector or other chief officer of the customs shall, immediately on the arrival of such vessel, order the proper officer of the customs to go on board and take an account of the officers and men, the number and nature of the guns, and whatever else shall occur to him on examination material to be known; and no such vessel shall be permitted to sail out oT port again until such journal shall have been delivered up, and a certificate obtained under the hand of such collector or other chief officer of the customs that she is manned and armed according to her commission; and upon delivery of such certificate any former certificate of a like nature which shall have been obtained by the commander of such vessel shall be delivered up. SEC. 12. That the commanders of vessels having letters of marque and reprisal as aforesaid, neglecting to keep a journal as aforesaid, or willfully making fraudulent entries therein, or obliterating the record of any material transactions contained therein, where the interest of the Confederate States is concerned, or refusing to produce and deliver such journal, commission, or certificate, pursuant to the preceding section of this act, then, and in such cases, the commissions or letters of marque and reprisal of such vessels shall be liable to b Page 285 CONFEDERATE AUTHORITIES. 285 revoked; and such commanders, respectively, shall forfeit for every such offense the sum of $1,000, one moiety thereof to the use of the Confederate States, and the other to the informer. SEC. 13. That the owners or commanders of vessels having letters of marque and reprisal as aforesaid, who shall violate any of the acts of Congress for the collection of the revenue of the Confederate States, and for the prevention of smuggling, shall forfeit the commission or letters of marque and reprisal, and they and the vessels owned or commanded by them shall be liable to all the penalties and forfeitures attaching to merchant vessels in like cases. SEC. 14. That on all goods, wares, and merchandise captured and made good aThd lawful prizes of war by any private armed ship having commission or letters of marque and reprisal under this act, and brought into the Confederate States, there shall be allowed a deduc- tion of 33-i per cent. on the amount of duties imposed by law. SEC. 15. That 5 per centum on the net amount (after deducting all charges and expenditures) of the prize money arising from captured vessels and cargoes, and on the net amount of the salvage of vessels and cargoes recaptured by the private armed vessels of the Confeder- ate States, shall be secured and paid over to the collector or other chief officer of the customs, at the port or place in the Confederate States at which such captured or recaptured vessels may arrive, or to the consul or other public agent of the Confederate States residing at the port or place not within the Confederate States at which such captured or recaptured vessel may arrive. And the moneys arising therefrom shall be held, and are hereby pledged by the Government of the Confederate States as a fund for the support and maintenance of the widows and orphans of such persons as may be slain, and for the support and maintenance of such persons as may be wounded and (hsabled on board of the private armed vessels commissioned as afore- said, in any engagement with the enemy, to be assigned and dis- tributed in such manner as shall hereafter be provided by law. HOWELL COBB, President of the Congress. Approved May 6, 1861. JEFFN DAVIS. Presidents instructions to private armed vessels. 1. The tenor of your commission, under the act of Congress entitled An act recognizing the existence of war betweeii the United States and the Confederate States, and concerning letters of mamue, prizes, and prize goods, a copy of which is hereto annexed, will be kept constantly in your view. The high seas, referred to in your com- missions, you will understand generally to refer to low water mark, but with the exception of the space within one league or three miles from the shore of countries at peace both with the United States and the Confederate States. You may, nevertheless, execute your commission within that distance of the shore of a nation at war with the United States, and even on the waters within the jurisdiction of such nation, if permitted to do so. 2. You are to pay the strictest regard to the rights of neutral powers and the usages of civilized nations; and in all your proceed- ings toward neutral vessels you are to give them as little molestation or interruption as will consist with the right of ascertaining their neutral character and of detaining and bringing them in for regula Page 286 286 CORRESPONDENCE, ETC. adjudication in the proper cases. You are particularly to avoid even the appearance of using force or seduction with a view to deprive such vessels of their crews or of their passengers other than persons in the military service of the enemy. 3. Toward enemy vessels and their crews you arc to proceed, in exercising the rights of war, with all the justice and humanity which characterize this Government and its citizens. 4. The master and one or more of the principal persons belonging to the captured vessels are to be sent, as soon after the capture as may be, to the judge or judges of the proper court in the Confederate States, to be examined upon oath touching the interest or property of the cap- tured vessel and her lading, and at the same time are to be delivered to the judge or judges all papers, charter-parties, bills of lading, let- ters, and other documents and writings found on board, the said papers to be proved by affidavit of the commander of the capturing vessel or some other person present at the capture, to be produced as they were received, without fraud, addition, subduction, or embezzlement. 6. Property even of the enemy is exempt from seizure on neutral vessels, unless it be contraband of war. If goods contraband of war are found on any neutral vessel, and the commander thereof shall offer to deliver them up, the offer shall .be accepted and the vessel left at liberty to pursue its voyage, unless the quantity of contraband goods be greater than can be convcniently reccived on board your vessel, in which case the neutral vessel may be carried into port for the delivery of the contraband goods. The following articles are deemed by this Government contraband of war, as well as all others that are so declared by the law of nations, viz: All arms and implements serving for the purposes of war by land or sea, such as cannons, mortars, guns, muskets, rifles, pistols, petards, bombs, grenades, ball, shot, shell, fuses, pikes, swords, bayonets, javelins, lances, horse furniture, hol- sters, belts, and generally all other implements of war. Also, timber for shipbuilding, pitch, tar, rosin, copper in sheets, sails, hemp, cord- age, and generally whatever may serve directly to the equipment of vessels, unwrought iron and planks only excepted. Neutral vessels conveying enemys dispatches or military persons in the service of the enemy forfeit their neutral character, and are liable to capture and condemnation. But this rule does not apply to neutral vessels bearing dispatches from the public ministers or ambassadors of the enemy residing in neutral countries. By command of the President of the Confederate States: ROBERT TOOMBS, Secretary of State. Form of bond. Know all men by these presents: That we (Note 1), , are bound to the Confederate States of America in the full sum of (Note 2) thousand dollars, to the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents. The condition of this obligation is such that whereas application has been made to the said Confederate States of America for the grant of a commission or letter of inarque and general reprisals, authorizing the (Note 3) or vessel, c,alled the , to act as a private armed vessel in the service of the Confederate States on the high seas agains Page 287 CONFEDERATE AUTHORITIES. 287 the United States of America, its ships and vessels, and those of its citizens, during the pendency of the war now existing between the said Confederate States and the said United States. Now, if the owners, officers, and crew who shall be employed on board of said vessel when commissioned shall observe the laws of the Confederate States and the instructions which shall be given them according to law for the regulation of their conduct, and shall satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof by such vessel during her commission, and shall deliver up said commission when revoked by the President of the Con- federate States, then this obligation shall be void, but otherwise shall remain in full force and effect. Signed, sealed, and delivered in the presence of , on thisdayof A. B., C. I)., Witnesses. [SEAL.] LSEAL.J LSEAL.J .LSEAL.J NOTE 1.This blank must be filled with the name of the commander for the time being and the owner or owners, and at least two responsible sureties, not interested in the vessel. NOTE 2.This blank must be filled with a five if the vessel be provided only with 150 men or a less number; if with more than that number the blank must be filled with a ten. NOTE 3.This blank must be filled with the character of the vessel ship, brig, schooner, steamer, & c. AN ORDINANCE to dissolve the union now existing between the State of Arkan- sas and the other States united with her under the compact entitled The Con- stitution of the United States of America. Whereas, in addition to the well-founded causes of complaint set forth by this convention, in resolutions adopted on the 11th of March, A. D. 1861, against the sectional party now in power at Washington City, headed by Abraham Lincoln, he has, in the face of resolutions passed by this convention pledging the State of Arkansas to resist to the last extremity any attempt on the part of such power to coerce any State that had seceded from the old Union, proclaimed to the world that war should be waged against such States untiI~they should be compelled to submit to their rule, and large forces to accomplish this have by this same power been called out, and are now being mar- shaled to carry out this inhuman design; and to longer submit to such rule, or remain in the old Union of the United States, would be disgraceful and ruinous to the State of Arkansas: Therefore we, the people of the State of Arkansas, in convention assembled, do hereby declare and ordain, and it is hereby declared and ordained, That the ordinance and acceptance of compact passed and approved by the General Assembly of the State of Arkansas on the 18th day of October, A. D. 1836, whereby it was by said General Assembly ordained that by virtue of the authority vested in said Gen- eral Assembly by the provisions of the ordinance adopted by the con- vention of delegates assembled at Little Rock for the purpose of forming a constitution and system of government for said State, th Page 288 288 CORRESPONDENCE, ETC. propositions set forth in An act supplementary to an act entitled An act for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes, were freely accepted, ratified, and irrevocably confirmed, articles of compact and union between the State of Arkansas and the United States, and all other laws and every other law and ordinance, whereby the State of Arkansas became a member of the Federal Union, be, and the same are hereby, in all respects and for every purpose herewith consistent, repealed, abro- gated, and fully set aside; and the union now subsisting between the State of Arkansas and the other States, under the name of the United States of America, is hereby forever dissolved. And we do further hereby declare and ordain, That the State of Arkansas hereby resumes to herself all rights and powers heretofore delegated to the Government of the United States of America; that her citizens are absolved from all allegiance to said Government of the United States, and that she is in full possession and exercise of all the rights and sovereignty which appertain to a free and independent State. IVe do further ordain and declare, That all rights acquired and vested under the Constitution of the United States of America, or of any act or acts of Congress, or treaty, or under any law of this State, and not incompatible with this ordinance, shall remain in full force and effect, in nowise altered or impaired, and have the same effect as if this ordinance had not been passed. Adopted and passed in open convention on the 6th day of May, A. ID. 1861. DAVID WALKER, President of the Convention and Delegate from the County of Washington. JAMES L. TOTTEN, Arkansas County. MARCUS L. HAWKINS, Ashley County. [AND SIXTY-EIGHT OTHERS.] Attest. ELIAS C. BOUDINOT, Secretary of the Arkansas State Convention. MILLEDGEvILLE, GA., May 6, 1861. L. P. WALKER. Who will muster the regiment into service at Macon Wednesday? Have no reply to my dispatch of Saturday, and have directed the rendezvous at Macon to-morrow. JOSEPH E. BROWN. MONTGOMERY, May 6, 1861. Governor JOSEPH E. BROWN, Milledgevilie: Your dispatches of the 4th and 5th received. Do not rendezvous the troops at any point just yet. Pending legislation may somewhat change the programme. Make arrangements, however, for two regi- ments instead of one. Possibly neither may be sent to Pensacola Page 289 CONFEDERATE AUTHORITIES. 289 and it is this doubt which I cannot just now determine which induces me to ask you not to rendezvous them. Besides this it may be propex to say that the term of service will be changed from twelve months to for the war. L. P. WALKER: Hon. L. P. WALKER: MILLEDGEvILLE, lJIay 6, 1861. Several companies of the Fifth Regiment are now on their way to Macon. All are under orders, and will be there to-morrow. Your dispatch of 29th of April required me to furnish the regiment immedi- ately. Do you wish me to disband them, and send them back home till you again require them, or will you receive them now? I have not funds to maintain them long in camp. Please answer. JOSEPH E. BROWN. Governor THOMAS 0. MOORE, MONTGOMERY, May 6, 1861. New Orleans: Besides the two regiments ordered to Virginia, I will take two other regiments to go into camp of instruction, provided they are willing to be mustered into service for the war. Answer. L. P. WALKER. The State of North Carolina to the Hon. Thomas L. Glingman, greeting: We, reposing special trust and confidence in your integrity and ability, do by these presents appoint you a commissioner to represent the State of North Carolina at the Government of the Confederate States of America, in pursuance of the accompanying resolution of the General Assembly of our said State of North Carolina, * and in all things to exercise the duties and powers of said mission according to the intent and meaning of said resolution, and according to your best judgment and discretionnever failing, however, to express for said Confederate States the sympathy of our State of North Carolina, and her determination to link her fortunes with theirs, and to draw the sword in the common defense of our liberties. In testimony whereof His Excellency John W. Ellis, our Governor, captain-general and commander-in-chief, hath signed with his hand these presents and caused our great seal to be affixed thereto. Done at the city of Raleigh on the 6th day of May, A. D. 1861, and in the eighty-fifth year of our independence. By the Governor: JOHN W. ELLIS. AN ACT to submit to a vote of the people a declaration of independence, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That immediately after the passage of this act the Gov- ernor of this State shall, by proclamation, direct the sheriffs of the *Not found. 19 R RSERIES iv, VOL Page 290 290 CORRESPONDENCE, ETC. several counties in this State to open and hold an election at the vari- ous voting precincts in their respective counties on the 8th day of June, 1861; that said sheriffs, or in the absence of the sheriffs the coroner of the county, shall immediately advertise the election con- templated by this act; that said sheriffs appoint a deputy to hold said election for each voting precinct, and that said deputy appoint three judges and two clerks for each precinct. And if no officer shall, from any cause, attend any voting precinct to open and hold said election, then any justice of the peace, or in the absence of a justice of the peace any respectable freeholder, may appoint an officer, judges, and clerks to open and hold said election. Said officers, judges, and clerks shall be sworn as now required by law, and who after being so sworn shall open and hold an election, open and close at the time of day and in the manner now required by law in elections for members to the General Assembly. SEC. 2. Be it further enacted, That at said election the following declaration shall be submitted to a vote of the qualified voters of the State of Tennessee for their ratification or rejection: DECLARATION OF INDEPENDENCE AND ORDINANCE dissolving the federal relations between the State of Tennessee and the United States of America. First. We, the people of the State of Tennessee, waiving any expression of opinion as to the abstract doctrine of secession, but asserting the right, as a free and independent people, to alter, reform, or abolish our form of government in such manner as we think proper, do ordain and declare that all the laws and ordi- nances by which the State of Tennessee became a member of the Federal Union of the United States of America are hereby abrogated and annulled, and that all obligations on our part be withdrawn therefrom; and we do hereby resume all the rights, functions, and powers which by any of said laws and ordinances were conveyed to the Government of the United States, and absolve ourselves from all the obligations, restraints, and duties incurred thereto; and do herebyhenceforth become a free, sovereign, and independent State. Second. We furthermore declare and ordain that article to, sections t and 2, of the constitution of the State of Tennessee, which requires members of the Gen- eral Assembly and all officers, civil and military, to take an oath to support the Constitution of the United States be, and the same are hereby, abrogated and annulled, and all parts of the constitution of the State of Tennessee making citi- zenship of the United States a qualification for office and recognizing the Consti- tution of the United States as the supreme law of this State are in like manner abrogated and annulled. Third. We furthermore ordain and declare that all rights acquired and vested under the Constitution of the United States, or under any act of Congress passed in pursuance thereof, or under any laws of this State, and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed. SEC. 3. Be it further enacted, That said eiection~shall be by ballot; that those voting for the declaration and ordinance shall have written or printed on their ballots Separation, and those voting against it shall have written or printed on their ballots No separation; that the clerks holding said election shall keep regular scrolls of the voters as now required by law in the election of members to the General Assem- bly; that the clerks and judges shall certify the same, with the num- ber of votes for Separation and the number of votes No separation. The officer holding the election shall return the same to the sheriff of the county, at the county seat, on the Monday next after the election. The sheriff shall immediately make out, certify, and send to the Gov- ernor the number of votes polled, and the number of votes for Sep- aration and the number No separation, and file one of the original scrolls with the clerk of the county court; that upon comparing th Page 291 CONFEDERATE AUTHORITIES. 291 vote by the Governor, in the office of the secretary. of state, which shall be at least by the 24th day of June, 1861, and may be sooner if the returns are all received by the Governor, if a majority of the votes polled shall be for Separation, the Governor shall by his proclamation make it known and declare all connection by the State of Tennessee with the Federal Union dissolved, and that Tennessee is a free, independent Governmentfree from all obligations to or connection with the Federal Government. And that the Governor shall cause the vote by counties to be published, the number for Separation and the number No separation, whether a majority votes for Separation or No separation. SEC. 4. Be it further enacted, That in the election to be held under the provisions of this act, upon the declaration submitted to the peo- ple, all volunteers and other persons connected with the service of this State, qualified to vote for members of the Legislature in the counties where they reside, shall be entitled to vote in any county in the State where they may be in active service, or under orders, or on parole, at the time of said election, and all other voters shall vote in the county where they reside, as now required by law in voting for members to the General Assembly. SEC. 5. Be it further enacted, That at the same time and under the rules and regulations prescribed for the election hereinbefore ordered, the following ordinance shall be submitted to the popular vote, to wit: AN ORDINANCE for the adoption of the Constitution of the Provisional Government of the Con- federate States of America. We, the people of Tennessee, solemnly impressed by the perils which surround us, do hereby adopt and ratify the Constitution of the Provisional Government of the Confederate States of America, ordained and established at Montgomery, Ala., on the 8th day of February, 1861, to be in force during the existence thereof or until such time as we may supersede it by the adoption of a permanent constitution. SEC. 6. Be it further enacted, That those in favor of the adoption of said Provisional Constitution, and thereby securing to Tennessee equal representation in the deliberations and councils of the Confed- erate States, shall have written or printed on their ballots the word Representation; those opposed, the words No representation. SEC. 7. Be it further enacted, That in the event the people shall adopt the Constitution of the Provisional Government of the Confed- erate States at the election herein ordered, it shall be the duty of the Governor forthwith to issue writs of election for delegates to repre- sent the State of Tennessee in the said Provisional Government; that the State shall be represented by as many delegates as il~was entitled to members of Congress to the recent Congress of the United States of America, who shall be elected from the several Congressional dis- tricts as now established by law, in the mode and manner now pre- scribed for the election of members of the Congress of the United States. SEC. S. Be it further enacted, That this act take effect from and after its passage. W. C. WHITTIIORNE, Speaker of the House of Representatives. B. L. STOVALL, Speaker of the Senate. Passed May 6, 1861 Page 292 CORRESPONDENCE, ETC. 292 GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND JNSP. GENERALS OFFICE, No. 7. ) Montgomery, May 7, 1861. In honor of the official announcement of the secession of the States of Arkansas and Tennessee, and their adherence to this Confederacy, a salute of ten guns for each will be immediately fired in front of the Government building. By command of the Secretary of War: S. COOPER, Adjutant and Inspector General. Statement of small-arms on hand at the different arsenals when taken possession of by the several States. 0 . a~ 0. ~ +~ P-~ 00 ~ o,% 0 0 u ~. ,,~ ~ Names of arsenals. a ~ ~ a a 0 0 0 ~ ~o 0-ci ~ -~v u ~ 0 0S ,, 00, ,0~5 ~ 0- ~S ~ 52 S a ~ ~, 0 S S~ 0 0 0 ~ 0 P~ 0 H Baton Rouge 1, 099 972 29, 222 8, 283 2, 158 73 2, 287 735 2, 075 468 47, 372 Mount Vernon 20 a17, 370 2, 032 33 19, 455 Charleston 646 18, 723 2, 800 300 22, 469 Augusta 20, 000 2, 000 714 22, 714 Little Rock (reported). 10,000 Fayetteville(reported) 37,000 Total 1 765 972 85, 315 8, 283 8, 990 73 3, 001 735 2, 408 468 159, 010 a A portion of the arias at the arsenal had already heen removed at the date of the report rendered. Of cartridges for small-arms, there are on hand at all the arsenals, number, 3,200,000. Of musket and. rifle powder, there are now on hand, pounds, 168,000. (This amount of powder will make 1,500,000 car- tridges.) Of cannon-powder, the supplyis nearly all at the forts, with a small quantity in reserve. Of fix~ ammunition for field batteries, there is enough at Baton Rouge alone to supply ten batteries of six guns each. Of percussion-caps, there are here (750,000 belonging to this State) over 2,000,000, and there are a good many at the arsenals and bundled with the cartridges. It is understood that the 5tate of Georgia has 150 tons of saltpeter, with a proportionate quantity of sulphur; this will make quite 200 tons of powder. J. GORGAS, MAY 7, 1861. Major and Chief of Ordnance. Hon. F. S. BARTOW, Chairman Committee of Military Affairs. CONFEDERATE STATES OF AMERICA, WAR DSEPARTMENT, Montgomery, Ala., ltLay 7, 1861. Hon. HOWELL COBB, President of the Congress: SIR: In answer to the inquiry contained in the resolution adopted by the Congress May 4, asking whether any measures have been taken to promote and induce manufactures of arms and of powder within the States of this Confederacy or elsewhere, I have to state that until recently reliance was naturally placed on extensive orders to Northern factories of powder for a supply of that material. As soon, however, as it became evident that this resource could no longer be relied on, the attention of the Department was turned toward obtaining supplies of saltpeter, the only mineral constituent of pow- der which could be obtained from the soil of this country. Informa- tion having reached me that deposits of nitrous earth existed i Page 293 CONFEDERATE AUTHORITIES. 293~ certain localities in North Alabama, an agent, Mr. Riddle, has been dispatched to examine several eaves on Little Bear Creek, in Frank- lin County, and another in Blount County. There is good reason to believe that his researches will be successful. Ample inducements have been offered to Mr. Riddle, and will be held out to others, to engage in the production of niter in these localities should the deposits warrant it. It was not known to the Department that powder-works existed anywhere within the limits of the Confederate States until recently. A firm of powder manufacturers, whose mill is situated twenty-three miles from Nashville, on the south bank of the Cumberland River, have within a few days past offered their services. They state that their mill can, in thirty or forty days, be arranged so as to enable them to produce 1,000 pounds of powder per day. They have a small stock of brimstone on hand, but no saltpeter. As soon as the saltpeter and sulphur now understood to be in possession of the State of Georgia shall be turned over to the Confederate States, it is proposed to employ this mill at once. The proprietors of these mills, Messrs. Cheatham, Watson & Co., state that, from examinations made by themselves during the Crimean war, they are satisfied that an abundant supply of saltpeter can be obtained from the caves of Middle Tennessee bor- dering on the Cumberland Mountains. I have requested them to send an agent at once to examine these localities at the expense, if need be, of this Government. Other mills are said to exist in Tennessee and also in South Caro- lina. The Department will endeavor to communicate with them as soon as it can ascertain their localities. In reference to the manufac- ture of small-arms the prospect is not so satisfactory, and it is prob- able that the Government will be obliged to initiate steps toward the immediate establishment of a manufactory of this kind of arms. In a matter of this sort, in which prompt action is vital, I recommend, in answer to the latter part of the resolution of Congress asking my opiuion as to the action deemed necessary to promote the manufac- ture of arms and powder, that a competent agent be selected and. sent without delay to England. At London a complete set of machinery exists, which was made in this country, after the pat- tern of the machines at Springfield, in the United States. It would, I think, be no difficult matter to get these machines copied and executed on the spot with rapidity. Triplicate machines should be ordered to insure the chances of delivery of at least one set. For this purpose an additional appropriation of $300,000 may be needed, under the appropriation of ordnance ad ordnance stores and supplies, for the three sets of machinery. Should they all arrive they will, even if not required by the Government, be easily disposed of. The amount already asked for under the head of armories and arsenals would also require to be increased by an item of $75,000 for a suitable building in which to place this machin- ery at one of our arsenals, or the machinery, when so procured, might be placed, if thought desirable, in the hands of parties having manu- facturing facilities, who could give ample security for its application to the sole uses of this Government. No further action is deemed necessary to stimulate the production of powder than, perhaps, to make advances to parties who offer to engage in its production, to enable them to prosecute researches after saltpeter in remote districts difficult of access. It might be advisable to offer a bonus of, say, $ Page 294 294 CORRESPONDENCE, ETC. per barrel of 100 pounds on every barrel produced and received by tlie Government within the current year. Respectfully, your obedient servant, L. P. WALKER, Secretary of War. AN ACT to admit the Commonwealth of Virginia as a member of the Confederate States of America. The Commonwealth of Virginia having, in a convention of her people, ratified and adopted the Constitution for the Provisional Government of the Confederate States of America: Therefore The Congress of the Confederate States of America do enact, That the Commonwealth of Virginia be, and is hereby, admitted as a mem- ber of the said Confederate States, upon an equal footing with the other Confederate States, under the Constitution for the Provisional Government of the same. Approved May 7., 1861. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, llfontgornery, lI/lay 7, 1861. His Excellency A. B. MOORE, Governor of Alabama~ & c.: SIR: I have the honor to inform you that two additional regiments of infantry are required, one of which shall be a rifle regiment; both, after being mustered into the Confederate service for the war, to be placed in a camp of instruction to be designated by this Department. Very respectfully, your obedient servant, L. P. WALKER, Secretary of War. AN ORDINANCE repealing an ordinance passed on the 21st day of March, A. D. 1861. Be it ordained by the people of the State of Arkansas in convention assembled, That an ordinance passed by this convention on the 21st day of March, A. D. 1861, entitled An ordinance to provide for hold- ing an election in the State of Arkansas for the purpose of taking the sense of the people of the State on the question oj co-operation or secession, be, and the same is hereby, inall things repealed. Adopted in and by the convention May 7, 1861. DAVID WALKER, President of the Arkansas State Convention. Attest. ELIAS C. BOUDINOT,. Secretary of the Convention. AN ORDINANCE providing for the signing of the ordinance passed on yester- day dissolving the political connection theretofore existing between the State of Arkansas and the Government known as the United States of America. We, the people of the State of Arkansas, now in convention assem- bled, do hereby ordain, and it is hereby ordained, That the ordinanc Page 295 CONFEDERATE AUTHORITIES. 295 adopted by this convention on yesterday dissolving the political con- nection theretofore existing between the State of Arkansas and the Government known as the United States of America be signed by the president and attested by the secretary of this convention, and be also signed by the individual members of this convention, and that in signing the same there shall be a call of the counties of the State in alphabetical order, and the delegates of each county shall sign the same as their respective counties shall be called by the secretary. Adopted and passed in open convention May 7, A. D. 1861. DAVID WALKER, President of the Arkansas State Convention. Attest. ELIAS C. BOUDINOT, Secretary of the Convention. MONTGOMERY, May 7, 1861. Governor JOSEPH E. BROWN, Miilledgevilte: I do not wish yon to understand me as making it absolutely per- emptory that the regiment to rendezvous at Macon to-morrow must be mustered in for the war. Requisition having been made for this regiment some time ago, it might be unjust to so insist. I hope, how- ever, they will consent. Hereafter all troops must so agree, as Con- gress has passed a law to that effect. L. P. WALKER. MONTOOMERY, May 7, 1861. Governor JOSEPH E. BROWN, Miliedgeville: If it put you to the least inconvenience not to have the regiment received, I will take it now. I stated that it must come in for the war. No more troops will be received for any other term of service. I presume the men will have no objection to this. Captain Cole will be detailed to muster the troops in. They will be given their orders in a day or two. L. P. WALKER NEW ORLEANS, Ma~y 7, 1861. L. P. WALKER: You called upon me to raise 8,000 twelve-months volunteers, to be drilled, equipped, and held in readiness the most perfect, and that the emergency was so pressing that my attention was particularly directed to the thorongh preparation of these men, especially in regard to instant capacity to move. Four thousand have been in camp, 1,000 have gone to Virginia, 1,000 will leave in a day or two, and 2,000 remain in camp. Now you ask me to change the terms of enlistment of the remaining two regiments, if possible, and make them enlist for the war. This I will not do unless you positively refuse them for twelve months. W hen you so refuse, I will make your proposition to them, and if declined, I will immediately disband them, to the great detriment of the service, and the responsibility will not rest on me. Tb. 0. MOORE, Governor Page 296 296 CORRESPONDENCE, ETC. MONTGOMERY, May 7, 1861. Governor THOMAS 0. MOORE, New Orleans: I think you are making an objection for the troops which they will not make for themselves. They will be as willing to muster in for the war as for twelve months. Try them and see. L. P. WALKER. COLUMBIA, S. C., May 7, 1861. Honorable SECRETARY OF WAR, Montgomery: SIR: I have the honor to report that I made a call for volunteers to fill the Legion on the 2d instant, and there have been already tenders of very many more troops than I am authorized to accept. The artil- lery company is not yet formed, but should there be any delay in get- ting this up I will, if it meets your approbation, let the men act as infantry until the battery can be organized. This plan would give about 750 infantry, who can be ready for service in a very short time. I propose to inspect such companies as have offered their services, and to select those that are best prepared for immediate service. They will then be ordered to rendezvous at this place, to go into camp for the purpose of (Irilling. This plan is, of course, subject to your instruc- tions. My desire is to have the Legion ready at a very early day to respond to any call you may make on it. By the paper I inclose you will perceive the terms on which the companies volunteer in this corps. The cavalry will furnish their own horses and arms, and all will furnish uniforms. Will the Government furnish horses for the artillery? The company will not be able to furnish them. The number necessary can be reduced by not making the company horse artillery. The State has about 200 horses, which are to be sold, and Governor Pickens offered them to me. To expedite the formation of the corps I would suggest that you have the necessary commissions sent to me in blank; then, as soon as a company is accepted the officers can receive their commissions. I will file, of course, a full list of each company as soon as it is received. I think it very important that three lieuten- ants should be allowed, not only because of the reason already assigned, but because in such large companies as mine will be they can aid greatly in drilling and managing the men. I shall await your instructions here, and I beg you to give me full ones at your earliest convenience. I have the honor to be, very respectfully, your obedient servant. WADE HAMPTON. P. S.I have sent to England for some rifled cannon and 400 Enfield rifles. EXECUTIVE DEPARTMENT, Nashville, May 7, 1861. GENTLEMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES: By virtue of the authority of your joint resolution, adopted on the 1st day of May instant, I appointed Gustavus A. Henry, of the county of Montgomery, Archibald 0. W. Totten, of the county of Madison Page 297 CONFEDERATE AUTHORITIES. 297 and Washington Barrow, of the county of Davidson, commissioners on the part of Tennessee, to enter into a military league with the authorities of the Confederate States and with the authorities of such other slave-holding States as may wish to enter into it, having in view the protection and defense of the entire South against the war that is now being carried on against it. The said commissioners met the Hon. Henry W. Hilliard, the accredited representative of the Confederate States, at Nashville, on this day, and have agreed upon and executed a military league between the State of Tennessee and the Confederate States of America, subject, however, to the ratifica- tion of the two governments, one of the duplicate originals of which I herewith transmit for your ratification or rejection. For many cogent and obvious reasons, unnecessary to be rehearsed to you, I respectfully recommend~ the ratification of this league at the earliest practicable moment. Very respectfully, ISHAM G. HARRIS. [Inclosure.]. CONVENTION BETWEEN THE STATE OF TENNESSEE AND THE CONFED ERATE STATES OF AMERICA. The State of Tennessee, looking to a speedy admission into the Con- federacy established by the Confederate States of America, in accord- ance with the Constitution of the Provisional Government of said States, enters into the following temporary convention, agreement, and military league with the Confederate States, for the purpose of meeting pressing exigencies affecting the common rights, interests, and safety of said State and said Confederacy: First. Until the said State shall become a member of said Confed- eracy according to the constitution of both powers, the whole military force and military operations, offensive and defensive, of said State, in the impending conflict with the United States, shall be under the chief control and direction of the President of the Confederate States, upon the same basis, principles, and footing as if said State were now and during the interval a member of said Confederacy, said force, together with that of the Confederate States, to be employed for the common defense. Second. The State of Tennessee will, upon becoming a member of said Confederacy under the permanent Constitution of said Confed- erate States, if the same shall occur, turn over to said Confederate States all the public property acquired from the United States, on the same terms and in the same manner as the other States of said Confederacy have done in like cases. Third. Whatever expenditures of money, if any, the said State of Tennessee shall make before she becomes a member of said Confed- eracy, shall be met and provided for by the Confederate States. This convention entered into and agreed [upon] in the city of Nashville, Tenn., on the 7th day of May, A. D. 1861, by Henry W. Hilliard, the duly authorized commissioner to act in the matter of the Confederate States, and Gustavus A. Henry, Archibald O~ W. Totten, and Washington Barrow, commissioners duly authorized to act in like manner for the State of Tennesseethe whole subject to the approval and ratification of the proper authorities of both govern- ments, respectively Page 298 298 CORRESPONDENCE, ETC. In testimony whereof the parties aforesaid have herewith set their hands and seals the day and year aforesaid, in duplicate originals. HENRY W. HILLIARD, [SEAL.] Commissioner for the Confederate States of America. GUSTAVUS A. HENRY, [SEAL.] A. 0. W. TOTTEN, [SEAL.] WASHINGTON BARROW, [SEAL.] Commissioners on the part of Tennessee. JOINT RESOLUTION ratifying the league. Whereas, a military league, offensive and defensive, was formed on 7th of May, 1861, by and between A. 0. W. Totten, Gustavus A. Henry, and Washington Barrow, commissioners on the part of the State of Tennessee, and H. W. Hilliard, commissioner on the, part of the Confederate States of America, subject to the confirmation of the two governments: Be it therefore resolved by the General Assembly of the State of Ten- nessee, That said league be in all respects ratified and confirmed, and the said General Assembly hereby pledges the faith and honor of the State of Tennessee to the faithful observance of the terms and condi- tions of said league. Adopted May 7, 1861. W. C. WHITTHORNE, Speaker of the House of Representatives. B. L. STOVALL, Speaker of the Senate. MEMPHIS, ]IEay 7, 1861. General JOHN L. T. SNEED: DEAR SIR: The Society of Southern Mothers at this place are pre- pared to render any assistance needed by the soldiers of the South who may be sick or wounded in the service. They will nurse them at their own homes, or in rooms provided by themselves for that purpose, whenever they shall receive intimation through the proper officers for that purpose of the need of such care. Their organization contemplates the effectual care of the sick and wounded in actual service by the matrons of the land for whose defense they are in arms, and we ask of the officers in command to point out the way in which our object may be attained, and to plac~ the sick in our charge. I am, sir, respectfully, yours, S.C. LAW, President of the Society of Southern Mothers. RICHMOND, VA., May 7, 1861. Maj. Gen. ROBERT E. LEE, Commanding-in-Chief, Headquarters, Richmond: GENERAL: I am informed by the Governor that he expects me to remain at my post as president of the James River and Kanawha Company, to aid in maintaining this important line of communica- tion in the present State emergency. There are many active, reliable, public-spirited young men who, from various engagements or consid- erations, are prevented from enlisting in unconditional militar Page 299 299 CONFEDERATE AUTHORITIES. service, who nevertheless earnestly desire to bear such part as they properly can in the military defense of the State. The proclamation of the Executive of the 3d instant authorizes you to call out and to cause to be mustered into the service of Virginia, from time to time, as the public exigencies may require, such additional number of vol- unteers as [you] may deem necessary. My object in addressing you is respectfully to inquire whether you will authorize me to enlist a field battery of artillery, with the understanding that it is not to be ordered from the city of Richmond unless upon some special occasion of attack or defense, and then only to a convenient distance and for a brief period. In other words, I ask permission to raise a field battery on the war establishment for the special defense of the capital of the State. I would respectfully suggest the following as the composition of the battery, to wit: A; 9 C 0 12-pounders, mounted 4 6-pounders, mounted 4 24-pounder howitzers, mounted 2 12-pounder howiLzers, mounted - 2 6 6 Caissons for guns 8 4 Caissons for howitzers 4 2 12 6 Traveling forges 1 1 Battery wagons 1 1 2 2 Total number of carriages 20 14 Ammunition: For four guns Shot 560 560 Spherical case 224 80 Canister 112 160 896 800 For two howitzers Shells 168 120 Spherical case 112 160 Canister 42 32 322 312 Total number of rouuds 1,218 1, 112 Draft-horsea: Six to each carriage 120 84 Spare horses (112) 10 7 Total number - 130 91 Should it please you to grant me the authority herein asked for I would be glad to make to you, at your convenience, or to some officer authorized by you, various suggestions on the subject. For your information I take the liberty of inclosing a copy of a letter which I addressed to the Governor on the 17th ultimo. I have the honor to be, general, with great respect, your obedient servant, THOMAS H. ELLIS Page 300 300 CORRESPONDENCE, ETC. [Indorsement.] RIcHMoND, ]liiay 7, 1861. We respectfully recommend to Major-General Lee, commanding-in- chief, the favorable consideration of the proposition this day submit- ted to him by Col. Thomas H. Ellis for the formation of a home guard of field artillery for the defense of the capital of Virginia. JOHN RUTHERFORD. ALEX. R. HOLLADAY. JOHN ROBERTSON. [AND FIFTEEN OTHERS.] [Inclosure.] HDQRS. OF THE FOURTH REGIMENT OF ARTILLERY, Richmond, April 17, 1861. His Excellency JOHN LETCHER, Governor of Virginia: SIR: Regarding the late proclamation of the President of the United States as a declaration of war against the Southern States, I have the honor, in behalf of myself and the officers and men of my command, to tender you the services of the Fourth Regiment of Artillery of the Virginia Militia f or such military duty, in defense of Virginia and her sister States of the South, as you may be pleased to assign to us. The bounds of this regiment, under the law of the State providing for the public defense, are so extended as to include a considerable portion of Tidewater Virginia. There has been no occasion since I assumed the command to muster the regiment, even for instruction; still less for resisting a hostile force. I have never, therefore, met a majority of the companies, nor do I know personally a niajority of the officers. Never- theless, foreseeing some time since in the unhappy divisions of our country a state of feeling which I apprehended would result in a con- flict of arms, I addressed a circular to each of the captains of my command, as well as to the clerk of the circuit and county courts, the commissioner or commissioners of the revenue, the attorney for the Commonwealth, and the colonel of the regiment, in each county, soliciting certain information as to the strength and condition of the artillery arm in their counties, respectively. From these several sources I feel authorized to say that while the regiment, in a military point of view, is greatly disorganized, and, with the exception of the company in this city, without guns or accouterments, yet that there is perhaps a unanimous desire on the part of officers and men to receive suitable equipment and to hold themselve~ in readiness for any service which may be required of them by the constituted authori- ties of the State. In these impressions I am well confirmed by recent interviews with the lieutenant-colonel, the two majors, and other commissioned officers of the regiment, non-residents of this city. Upon the information thus received I feel fully authorized, for and in behalf of my entire command, to tender their services, as I tender my own, for the performance, according to our best ability, of any duty to which you may be pleased to assign us. And I beg leave to remark, in reference to this particular arm of the service, that the impor- tance of field artillery must be recognized by all who are familiar with the topography of the country embraced within the bounds of this regiment, and its peculiar adaptation to the defense of such a region. Without entering into a recital of the military principles applicabl Page 301 CONFEDERATE AUTHORITIES. 301 to the case, I will but remind Your Excellency that there is in modern practice an established proportion between the different species of arms in an army from which you cannot safely exclude light artil- lery. I trust that it may be your pleasure to receive the services which I have the honor thus to tender you, of myself and my entire command, and that you will direct proper orders for immediately arming, equipping, and mustering us in such manner as you may deem conducive to the public weal. Should you, however, from any consideration, decline this tender made on the part of myself and the regiment, then, as an alternative, I beg to offer my individual serv- ices, and to express the hope that you will give me the command of any artillery force which may be assembled in this city or its vicinity during the present emergency. On this proposition I have but to remark that I presume I have been as long connected with the artil- lery service of our State as perhaps any other officer now in commis- sion. In the year 1836 I resigned a captaincy in the line of infantry to accept the commission of a lieutenant in the Richmond Fayette Artillery, a volunteer company of this city. From that time to the present, with the exception of two intervals, the first of about six months and the second of about eighteen months, during which I was in Mexico in the diplomatic service of the United States, I have been regularly in commission, having been elected captain of the Rich- mond Fayette Artillery in 1842, appointed major of the Fourth Regi- ment in 1847, lieutenant-colonel in 1851, and colonel in 1855. I have the honor to be, sir, with great respect, your obedient servant, THOMAS H. ELLIS, Colonel. PROCLAMATION by the President of the Confederate States of America. Whereas, a treaty or convention of alliance, offensive and defensive, between the Confederate States of America and the Commonwealth of Virginia, was concluded and signed at the city of Richmond on the 24th day of April, A. D. 1861, which treaty or convention of alli- ance is, word for word, as follows :* And whereas, the said treaty or convention of alliance has been duly ratified on both parts: Now, therefore, be it known that I, Jefferson Davis, President of the Confederate States of America, have caused the said treaty or convention of alliance to be made public, to the end that the same, and every clause and article thereof, may be observed ~nd fulfilled with good faith by the Confederate States and the citizens thereof. In witness whereof I have hereunto set my hand and caused the seal of the Confederate States to be affixed at the city of Montgomery this 8th day of May, A. D. 1861. JEFFN DAVIS. By the President: R. TOOMBS, Secretary of State. [MAY 8, 1861.For message of President Davis to the Provisional Congress, relative to the adjustment of difficulties between the United States and Confederate States, see Series I, Vol. LIII, p. 161.1 * See inclosure No. 4, Stephens to Toombs, April 25, 1861 p. 243 Page 302 302 CORRESPONDENCE, ETC. AN ACT to raise an additional military force to serve during the war. The Congress of the Confederate Stales of America do enact, That in addition to the volunteer force authorized to be raised under exist- ing laws, the President be, and he is hereby, anthorized to accept the services of volunteers who may offer their services, without regard to the place of enlistment, either as cavalry, mounted riflemen, artillery, or infantry, in such proportion of these several arms as he may deem expedient, to serve for and during the existing war, unless sooner discharged. SEc. 2. That the volunteers so offering their services may be accepted by the President in companies, to be organized by him into squadrons, battalions, or regiments. The President shall appoint all field and staff officers, but the company officers shall be elected by the men composing the company; and, if accepted, the officers so elected shall be commissioned by the President. SEC. 3. That any vacancies occurring in the ranks of the several companies mustered into service under the provisions of this act may be filled by volunteers accepted under the rules of such companies; and any vacancies occurring in the officers of such companies shall be filled by elections, in accordance with the same rules. SEC. 4. Except as herein differently provided, the volunteer forces hereby authorized to be raised shall in all regards be subject to and organized in accordance with the provisions of An act to provide for the public defense, and all other acts for the government of the armies of the Confederate States. Approved May 8, 1861. CIRCULAR.] WAR DEPT., ADJT. AND INSP. GEN. S OFFICE, Montgomery, May 8, 1861. The demands upon the arsenals and depots charged with the supply of war material for the Army are so numerous and pressing that proper discretion in reference to the amount of their requisitions must be exercised by officers in command of troops. These requisi- tions must for the present be limited to the smallest quantities com- patible with their wants. By order of the Secretary of War: S. COOPER, Adjutant and Inspector General. EXECUTIVE DEPARTMENT, Hon. L. ~. WALKER Montgomery, Ala., May 8, 1861. Secretary of War: SIR: I have the honor to acknowledge the receipt of your communi- cation of yesterday in which von inform me that hereafter the pub- lic exigencies will require all regiments, battalions, and companies to be raised and mustered into the Confederate service for the war. That there may be no misunderstanding as to the true intent and meaning of your communication, please inform me whether it is intended to embrace companies already raised, but not ordered out, under the requisitions for 3,000 and 5,000 troops. These requisitions were filled a week before the date of your conununication, and unde Page 303 CONFEDERATE AUTHORITIES. 303 requisitions calling for troops for twelve months. If it be intended to include the companies referred to, I seriously apprehend that many of them will decline to go in for the war. I have already had indica- tions that this will be the case, hence the importance of my being fully advised in the premises before any further action is taken. Very respectfully, A. B. MOORE. COLUMBIA, May 8, 1861. His Excellency PRESIDENT DAVIS: Mv DEAR SIR: I see that you make a call for 3,000 more troops from this State, and I write to say that if you think it desirable I can easily add to the strength of the Legion. In answer to my call, made on the 2d instant, there have already been offers of more than double the number of companies asked for. I can, therefore, easily increase the infantry companies of the Legion, and have a full regiment, if you wish it. My only doubt was as to the infantry, as I knew that 10,000 men were now in camp and 2,000 in Virginia, but the response has been most prompt and gratifying. Of cavalry, more than enough to fill the Legion has offered. I have not accepted any companies yet, and I propose to inspect all in a few days, selecting the best. I hope thus, in a very short time, to be able to present to Your Excellency a corps of which my State will never be ashamed. I can easily, I think, have several more infantry companies, if you wish them. Any number can be had if they can only feel assured that their steps are to be turned north- ward. The terms on which companies enter this service you will see by the inclosed paper. * With my best wishes, I am, very respectfully, your obedient servant, WADE HAMPTON. [Inclosure.] The Hampton Legion. The Hampton Legion is progressing favorably, and in some of the arms of service the only difficulty will be in selecting the complement from the number of applications. The colonel, Wade Hampton, and lieutenant-colonel, B. J. Johnson, are so well known that all our young men who seek honorable service are eager to be enrolled under their command. In response to many inquiries we have obtained from Colonel Hampton a full statement of the purpose, Qbjects, and proposed organization, to which we invite attention: EDITonS COURIER: As various inquiries have been made in reference to the Legion which the Presi- dent has honored me with a commission to raise, I beg you to allow me to give through your paper such information as may be necessary to those who wish to enlist in this corps. The object of those who are engaged in this matter is to raise an independent legion, to consist of six companies of infantry or voltigeurs, four of cavalry, and one of flying artillery, the field officers to be appointed by the President and each company to elect its own officers, who will then receive commissions from the President. As soon as the organization of this corps is complete it will be received into the Provisional Army of the Confederate States for one year, unless its services should not be required for so long a time, in which case the President can disband * Clipping from The Courier, Friday morning, May 3, 1861 Page 304 304 CORRESPONDENCE, ETC. it. The Legion is to serve wherever it may be ordered by the President, and is to be on precisely the same footing, except as to its peculiar organization, as the rest of the Provisional Army. The cavalry will furnish their own horses and, as far as possible, their own arms and equipments. Each man must have a saber and two Colt pistols. Should any horses be lost in the service they will be paid for. The infantry I wish armed with Enfleld rifles, and the Governor has kindly promised to furnish them as far as he is able to do so, and he will also provide the battery. As soon as the companies report themselves ready for duty they will be ordered into camp for the purpose of drilling together. It is very desira- ble to have this corps ready at an early day, as I have every reason to hope that it will at once be ordered into active service. I annex a tabular statement, giving the complete organization of the Legion, and one showing the rate of pay. Any one desiring further information on this subject can apply to Lieut. Col. B. J. Johnson, Charleston, or to myself, at Columbia. WADE HAMPTON. Project for the organization of a legionary force of South Carolina troops. U; Organization. ,~ ~ .~ ~ ~ 0 0 ~- H Number of companies 1 4 6 11 Colonel 1 1 Lieutenant-colonel 1 1 Major 1 1 Adjutant 1 1 Sergeant-major 1 1 Principal musician Quartermaster-sergeant Captains 1 4 II First lieutenants 2 4 6 12 Second lieutenants 2 4 6 12 Sergeants 5 16 24 45 Corporals 4 16 24 44 Artificers 2 2 Farriers and blacksmiths 2 4 6 Buglers 2 3 12 22 Privates 100 296 540 936 Commissioned officers 4 5 12 18 39 Non-commissioned officers, artificers, musicians, and privates 1 115 340 600 1,056 Total - 5 115 340 600 1,056 Aggregate 5 120 352 618 1,095 Statement of amount to pay officers, 4~c., per month. ~e ~. 5 ~ a~ ,~ Rank. ea ~, ~ -~ a ~ ~ a 0 ~o One colonel $195 One lieutenant-colonel 170 One major 150 One adjutant (first lieutenant) 100 One sergeant-major 21 One quartermaster-sergeant 21 One principal musician 12 One captain $130 $i40 $i30 Two first lieutenants 90 100 90 Two second lieutenants 50 90 50 One sergeant 20 20 Four sergeants 17 20 17 Four corporals 13 13 13 Two artificers 13 Two farriers 13 13 Two buglers 12 One blacksmith 13 Privates 11 12 11 Musicians 12 1 Page 305 CONFEDERATE AUTHORITIES. 305 This movement has the cordial approval and sanction of Governor Pickens, which will be seen from the following letter, which we publish at the request of Lieutenant-Colonel Johnson: CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery, April 27, 1861. SIR: I have said to Col. Wade Hampton that I would accept the regiment with legionary formation which he proposes to raise according to the schedule which he has, if it would be agreeable to Your Excellency. If so, I will make the requisition. I have the honor to be. with great respect, your obedient servant, L. P. WALKER. STATE OF SOUTH CAROLINA, EXECUTIVE DEPARTMENT, Charleston, April 30, 1861. The Secretary of War for the Confederate Government, at Montgomery, under date of April 27, having agreed to accept a regiment of legionary formation, under Col. Wade Hampton, if it would be agreeable to me, I hereby state that it will not only be agreeable to me but I will take great pride in it, as no one could with more propriety be selected as commander of such a force than Colonel Hampton. I will contribute everything in my power to aid in its formation by furnishing such arms as may be at my disposal, and also in allowing any privileges consist- ent with the public service. The memorandum or tabular statement as to the nature of the service, which is hereunto attached, has my unqualified approba- tion; and when the regiment is formed I will be rejoiced to meet any requisition the Secretary of War may make. This force is expressly intended as a branch of the Provisional Army under the Confederate Government, and the commissions of the officers will be from the President of the Confederate Government. It is understood that the cavalry are to furnish their own horses and equipments, and, as far as possible, their arms. It is intended to be an independent corps, ready for service anywhere. F. W. PICKENS. LYNCHB~URG, VA., May 8, 1861. Hon. L. P. WALKER, Montgomery, Ala.: Mv DEAR GENERAL: The Reverend Mr. Chadick, a member of Captain Tracys company, now encamped here, requests me to mention his name favorably to you for the chaplaincy of the Fourth Regiment of Alabama Volunteers. He is under the impression provision for such appointments has been made by a late act of Congress. I recommend him willingly because he is actuated in coming hither by patriotic feeling and for the further reason that his appointment, it is believed, is desired by a large number of the regiment. I am working very hard mustering in troops as fast as possible after their arrival. I find some of them very deficient in arms and accouter- ments and in tents. They are raw, wild, undisciplined Democrats, on a frolic, as many of them think, and commanded in many instances by inefficient and inexperienced officers. I must do our Third Alabama Regiment the justice to except them from such a charge. It is com- posed of the very best material, and there are eight out of the ten companies well disciplined and well officered. I nuderstand there is great dissatisfaction in Virginia because of the military condition of the State. No one seems to have control, and consequently there are conflicting commands. It is thought Lee is too slow and fearful of responsibility, and I know from the orders sent from Richmond to State officers here that there is required some man who will bring order out of confusion. I wrote you a line a few days since which I trust has been received. Will you bear in mind the request then 20 R R5ERIES iv, voL Page 306 306 CORRESPONDENCE, ETC. made as to my official connection when the special duty assigned me at this place shall have ended? Asking to be presented respectfully and kindly to Mrs. Walker, although she would not say farewell to me, I am, respectfully and truly, your friend, H. L. CLAY. AN ORDINANCE to appropriate money to advance to volunteers for the use of the Confederate troops. Be it ordained by the people of the State of Arkansas in convention assembled, That $10,000 be appropriated, out of any money in the treasury unappropriated, to be paid to the colonel of the regiment of volunteers now being organized in the State of Arkansas for the Con- federate States, and to be by him advanced to said volunteers in sums of $12 to each private and non-commissioned officer. Be it further ordained, That said sum shall be advanced as a loan, and be repaid by said volunteers out of the first payment made to said volunteers by the Confederate States, and the colonel of said regiment is hereby made an agent to collect and transmit the sanie to the treasury of this State. Be it further ordained, That upon the receipt of said sum of money by the colonel of said regiment he shall execute a receipt acknowledg- ing the same, and engaging to use all reasonable exertions to collect from said volunteers the said sum of money and pay it into the State treasury. Be it further ordained, That the said colonel shall take receipts from said troops for said sums advanced, promising to refund the same out of the first payments as afore& aid. Adoptedin and by the convention on the 8th day of May, A. D. 1861. DAVID WALKER, President of the Arkansas State Convention. Attest. ELIAS C. BOUDINOT, Secretary of the Convention. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Montgomery~ May 8, 1861. His Excellency JOSEPH E. BROWN, Governor of Georgia: SIR: In reply to your letter of May 6, inclosing requisitions for clothing for the Georgia companies at Pensacola, I have to say there resides in this Department no remedy for the evils of which you com- plain. I cannot act save by the authority of law, and nuder the law volunteers in the Confederate service furnish their own clothing and receive therefor commutation. The provisions of the law are plain and positive, as follows, to wit: Said volunteers shall furnish their own clothing, * * * and when called into actual service, and while remaining therein, * * * instead of clothing, every non-commissioned officer and private shall be entitled to money in a sum equal to the cost of clothing of a non-commissioned officer or private in the Regu lar Army of the Confederate States Page 307 CONFEDERATE AUTHORITIES. 307 Your Excellency will thus perceive that, however profound my sympathies may be with our gallant volunteers, I have no discretion- ary power by which I cau supply clothing to the Georgia troops. The law, in fact, was iuteuded, iu view of the pressing exigencies demand- ing a large force in the field, without an organized quartermaster establishmeut, to supply the very deficieucy that you bring as a charge agaiust the service. I have the honor to be, very respectfully, your obedient servant, L. P. WALKER. NEW ORLEANS, LA., May 8, 1861. President JEFFERSON DAVIS: Application is made to me to allow shipments of turpentine and rosin to New York. Shall I permit it? Tb. 0. MOORE. NOTE.Answered no, because munitions of war. J. D. NEw ORLEANS, May 8, 1861. L. P. WALKER: My opinion is unchanged. I will not make an experiment which may fail. Your order to reject those enlisted under your instructions must be unqualified if you desire your new views carried out. Tb. 0. MOORE. A RESOLUTION in reference to money in the hands of the Superintendent of Indian Affairs and Indian agents. Resolved, That no money or property of any kind whatever, now in the hands of the Superintendent of Indian Affairs or of any Indian agent, being placed there or designed for the Jndians on the western frontier of Arkansas, shall be seized, but that the same shall so remain to be applied for and to the use of the several Indian nations faithfully, as was designed when so placed in their hands for dis- bursement; and the people of the State of Arkansas, here in sovereign convention assembled, do hereby pledge the sovereignty of the State of Arkansas that everything in their power shall be done to compel a faithful application of all money and property now in~,the hands of persons or agents, designed and intended for the ~everal Indian tribes west of Arkansas. Adopted in and by the convention May 9, 1861. DAVID WALKER, President of the Arkansas State Convention,. Nttest. ELIAS C. BOUDINOT, Secretary of the Convention. AN ORDINANCE to authorize the Government to commission certain military officers, and for other purposes. Be it ordained by the people of the State of Arkansas in convention assembled, That the Governor of the State of Arkansas is hereb Page 308 CORRESPONDENCE, ETC. 308 authorized to commission all officers elected for the volunteer regi- ment No. 1, without regard to any law of the State of Arkansas con- cerning elections, upon the presentation to him of the names of said officers and their grades of office; and so soon as they are cominis- sioned he will tender said regiment to the President of the Confed- erate States, to be employed under his command as a regiment of the Confederate States. Adopted in and by the convention May 9, 1861. DAVID WALKER, President of the Arkansas State Convention. Attest. ELIAS C. BOUDINOT, Secretary of the Convention. A RESOLUTION for the election and commission of officers for the military companies now at Hopefield. Be it resolved by the people of Arkansas in convention assembled, That the officers and private soldiers of the several volunteer com- panies now at or near ilopefield, in the service of the State, shall be, and they are hereby, authorized to form themselves into a regi- ment, to be called the Second Regiment of Arkansas Volunteers, and to elect therefor one colonel, one lieutenant-colonel, and one major, which election shall be held by such persons as the captains of com- panies shall select, and shall be certified to the Governor, who shall immediately issue commissions to the officers elected, as well as to the various officers of the line of such regiment. And the colonel of such regiment shall appoint his own staff officers, including one sur- geon and an assistant surgeon. Adopted and passed by and in the convention May 9, 1861. DAVID WALKER, President of th~ Arkansas State Convention. Attest. ELIAS C. BOUDINOT, Secretary of the Convention. MONTGOMERY, May 10, 1861. The CONGRESS OF THE CONFEDERATE STATES OF ~IERTCA: It is with sincere pleasure that I inform you that the government of North Carolina has accredited the Hon. Thomas L. Cliugman as commissioner to represent that Commonwealth near the Government of the Confederate States. Mr. Cliugman presented to me this day his letters of credence, and I received him in a manner corresponding to his station and the high purpose of his mission. It afforded me much gratification to receive from Mr. Cliugman the assurance which he was instructed by his government to convey to me of the determina- tion of his State to link her fortunes with those of the Confederate States, and to draw the sword in the common defense of our liberties. This proof of North Carolinas sympathy, and this promise of her early union with the Confederate States, are the more signal because conveyed by one of such high station and reputation as Mr. Cliugman. JEFFIN DAVIS Page 309 CONFEDERATE AUTHORITIES. 309 AN ACT to amend An act to provide for the public defense, approved March 6, 1861. The Congress of the Confederate States of America do enact, That the President may receive into the service of the Confederate States any company of light artillery, which by said act he is authorized to do, with such complement of officers and men, and with such equip- ments as to him shall seem proper, anything in said act of the sixth of March, eighteen hundred and sixty-one, to the contrary notwith- standing. Approved May 10, 1861. A RESOLUTION in regard to military expenditures made by the State of South Carolina. Resolved by the Congress of the Confederate States of America, That the expenditures made by the State of South Carolina for the pay and maintenance of the troops employed in the defense of Charleston Harbor, under the command of Brigadier-General Beauregard, were intended to be provided for by an act making appropriations for the support of 3,000 men for twelve months, to be called into service at Charleston, S. C., under the third and fourth sections of an act of the Congress to raise provisional forces for the Confederate States of America, and for other purposes; and that the amount of such expen- ditures be audited by the proper officer of the Treasury Department, and that the amount which shall be found due be paid to the State of South Carolina from the appropriation made by the act aforesaid. Approved May 10, 1861. AN ORDINANCE to adopt the Provisional Constitution of the Confederate States of America. SECTION 1. Be it ordained by the people of Arkansas in convention assembled, That the Constitution of the Confederate States of America, made and adopted at Montgomery, in the State of Alabama, by the deputies of the States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, and afterward adopted by the people of the State of Texas, for the provisional government of the States adopt- ing the same, and all ordinances, laws passed, and acts done, not locally inapplicable, in pursuance thereof, shall be, and the same are hereby, ratified and adopted by the people of Arkansas, and declared to be in full force and effect within this State. SEC. 2. Be it further ordained, That five delegates, to be elected by this convention, shall be, and they are hereby, constituted and appointed the deputies of Arkansas to the Provisional Congress of the Confederate States of America, with all the powers and authority vested in the deputies of other States in said Congress. SEC. 3. Be it further ordained, That it shall be the duty of the sec- retary of this convention to furnish said deputies with a copy of the ordinance passed on the sixth day of May, Anno Domini eighteen hundred and sixty-one, by this convention, dissolving the political connection between the State of Arkansas and the Government of the United States of America, and also a copy of this ordinance, which said copies shall be signed by the president and attested by the secretary of this convention Page 310 310 CORRESPONDENCE, ETC. SEC. 4. Be it further ordained, That this ordinance take effect and be in force within the limits and over the State of Arkansas as soon as the Congress of the Confederate States of America shall admit this State into the Confederacy thereof npon terms of eqnality with the other States thereof. Adopted and passed in the convention May 10, A. D. 1861. DAVID WALKER, President of the Arkansas State Convention. Attest. ELIAS C. BOUDINOT, Secretary of the Convention. AN ACT to make further provision for the public defense. Whereas, war exists between the United States and the Confederate States; and whereas, the pnblic welfare may reqnire the reception of volnnteer forces into the service of the Confederate States withont the formality and delay of a call npon the respective States: [Therefore,] The Congress of the Confederate States of America do enact, That the President be anthorized to receive into service snch companies, battalions, or regiments, either monnted or on foot, as may tender themselves, and he may reqnire, withont the delay of a formal call npon the respective States, to serve for snch time as he may prescribe. SEC. 2. Such volnnteer forces who may be accepted under this act, except as herein differently provided, shall be organized in accordance with and subject to all the provisions of the act entitled An a3t to provide for the public defense, and be entitled to all the allowances provided therein; and when mustered into service may be attached to snch divisions, brigades, or regiments as the President may direct, or ordered upon snch independent or detached service as the President may deem expedient: Provided, however, That battalions and regi- ments may be enlisted from States not of this Confederacy, and the President may appoint all or any of the field officers thereof. SEC. 3. The President shall be authorized to commission all officers entitled to commissions of snch volunteer forces as may be received under the provisions of this act. And npon the reqnest of the officer commanding snch volnnteer regiment, battalion, or company, the President may attach a supernnmerary officer to each company, detailed from the Regular Army for that purpose, and for such time as the President may direct. Approved May 11, 1861. AN ACT relative to telegraph lines of the Confederate States. The Congress of the Confederate States of America do enact, That during the existing war the President be, and he is hereby, authorized and empowered to take such control of such of the lines of telegraph in the Confederate States, and of such of the offices connected there- with, as will enable him effectually to supervise the communications passing throngh the same, to the end that no communication shall be conveyed of the military operations of the Government to endanger the success of such operations, nor any communication calculated to injure the cause of the Confederate States, or to give aid and comfort to their enemies Page 311 CONFEDERATE AUTHORITIES. 311 SEc. 2. The President shall appoint trustworthy agents in such offices and at such points on the various lines as he may think fit, whose duty it shall be to supervise all communications sent or passing through said lines, and to prevent the transmission of any communi- cation deemed to be detrimental to the public service. SEC. 3. In case the owners and managers of said lines shall refuse to permit such supervision, or shall fail or refuse to keep up and con- tinue the business on said lines, the President is hereby empowered to take possession of the same for the purposes aforesaid. SEC. 4. The President shall from time to time issue instructions to the agents so appointed, and to the operators of the various lines, to regulate the transmission of communications touching the operations of the Government, or calculated to affect the public welfare. SEC. 5. That the President, at his discretion, may employ the oper- ators of the lines as the agents of the Government, so that in this, as in all other respects, there may be as little interference with the busi- ness and management of such lines as may be compatible with the public interest. SEC. 6. That the compensation of the agents appointed under this act, where such agents are not officers of the company, and the expense attending the execution of the provisions of this act, shall be paid out of the Treasury. SEC. 7. That no communications in cipher, nor enigmatical or other doubtful communication, shall be transmitted, unless the persou send- ing the same shall be known to the agent of the Government to be trustworthy, nor until the real purport of such communication shall be explained to such agent. SEC. 8. That the President is hereby authorized, whenever it may be found necessary or advisable for the successful prosecution of the war, to extend exis-ting lines of telegraph, or make connections between the same, the expense of contracting such additional lines to be paid out of any money in the Treasury not otherwise appropriated. SEC. 9. That all present and future officers of the telegraph lines engaged in receiving and transmitting intelligence within the Con- federate States shall, as soon as practicable after the passage of this act, or after their appointment, take and subscribe before any judicial officer of any one of the Confederate States the following oath: I, A B, do solemnly swear that I will support and maintain the Constitution of the Confederate States of America, and will not knowingly, directly or indirectly, transmit through the telegraph any communication or information calculated to injure the cause of the Confederate States, or to give aid or comfort to their enemies. SEC. 10. That if any person shall knowingly send or transmiv any message or communication touching the military operations of the Government, without the same being first submitted to the inspection of the agent of the Government, or any message calculated to aid and promote the cause of the enemies of the Confederate States, he shall be subject to indictment in the district court of the Confederate States, and on conviction shall be fined in a sum not less than $500 and imprisoned for a term not less than one year. Approved May 11, 1861 AN ACT in relation to the Confederate loan. Whereas, under and by virtue of the act to raise money for the sup- port of the Government, and to provide for the defense of the Confe Page 312 312 CORRESPONDENCE, ETC. erate States of America, approved February 28, 1861, the Secretary of the Treasury did proceed to offer ~5,OOO,OOO of said loan, conformably to the provisions of said act; Aud whereas, in mauy portious of the Confederate States the cur- rency was and is composed of notes of banks which have suspended specie payment, not of necessity, but as a measure of public policy; And whereas, certain of said banks did agree to redeem in coin or its equivalent such of their notes as should be paid in by subscribers to said loan; And whereas, the Secretary of the Treasury, in view of the exigen- cies of the times and with a desire to give to the people of all parts of the Confederate States the opportunity of subscribing to said loan, did authorize the loan commissioners to receive the notes of the banks hereinbefore referred to; and to avoid inconvenience and the risk of transit, has authorized the said loan commissioners to deposit the moneys received by them in said banks: Now, therefore, The Congress of the Confederate States of America do enact, That all of the acts and doings of the Secretary of the Treasury, of his sub- ordinate officers, and of the loan commissioners, consistent with the facts recited in the foregoing preamble, are hereby confirmed and made valid, any law, usage, or custom to the contrary notwithstand- ing; and the said Secretary, his subordinate officers, and the loan commissioners, are hereby authorized to continue so to act in regard to the said loan, until the whole amount authorized by said act shall have been fully subscribed for, and their duties regarding the same shall have determined; and the said Secretary is authorized to make and continue the deposits of moneys received or to be received on account of the said loan in any of the said banks; and the Treasurer of the Confederate States is authorized to draw checks or warrants on said banks on account of said deposits, payable either in coin or its equivalent, or in current bank notes, as the Secretary of the Treasury may direct. Approved May 11, 1861. AN ORDINANCE appropriating the domain, public lands, and other property which belonged to the Government of the United States in this State on the 6th day of May, A. D. 1861, and for other purposes. 1. Be it ordained by the people of the State of Arkansas in convention assembled, That the domain, public lands, and other property which belonged to and vested in the Government of the United States, situate in this State, ~n the 6th day of May, A. D. 1~6l, be, and the same are hereby, appropriated to the State of Arkansas, as the domain, public lands, and property of said State, to be hereafter disposed of, applied, and appropriated as the other domain, public lands, and property of this State, hereby declaring that all the right, title, and claim which heretofore vested in the said Government of the United States of, in, and to said domain, public lands, and other property now vest in and beloug to the State of Arkansas, subject to be dis- posed of as may be hereafter provided by this convention or the Ge